Archive for Court Appearances

How to approach your traffic ticket courtroom defense in California.

Remember it is all the same laws, should all be the same type of steps in the courtroom, but it is not. This process is alive and dynamic, it is constantly moving and changing. Even though the court or the Commissioners or the Jurisdiction should all be following the same traffic infraction ticket processes, they do not. Not by Jurisdiction, not by different court’s within the same Jurisdiction, and not even by the same Commissioners within their own courtroom. What the heck is going on?

The only thing that I can see that follows any outline or substance is the legal steps. First you have your ‘Arraignment’, which is open traffic ticket court where you are read your charges and asked how you plea? This is not confrontational (other than the Commissioner when you ask for your, or stand up for your -RIGHTS), there is no Officer, there is no evidence. The only purpose is to read you your charges and ask how you plea.

From there you will either give in, pay your fine, and walk out; or you will plead not guilty (there are 6 types of pleas-we won’t get into that now), and be scheduled for a ‘contested traffic ticket court calendar’. That will be the time you confront your accuser (the citing Officer)  submit evidence, and argue your case.

I am over simplifying it, as there can be several steps in between each part, like filing motions, challenging several items (like evidence or jurisdiction, etc.), and documenting your position or challenging theirs. I will get into the second court appearance on another post.

You will hear a similar oratory from the Commissioner at the beginning of the Arraignment Calendar (as it is scripted by the Judges Bench Guide), I have included a copy of one of my traffic court appearances Commissioner’s opening statement to the courtroom for you to hear what you will probably be experiencing when you go.

PUT AUDIO BUTTON HERE

Now the question is, if you are going to fight this traffic ticket, do you want to win? Will you listening to experience so you won’t have to learn from your losses, you can learn from other peoples mistakes. I have been helping students for a long time now, and hear their stories (of what worked and what did not work).

Everybody likes to think they will RISE TO THE OCCASION, but that never happens. As people, we fall to the level of our training, experience or practice. So, like the Commissioner, you must understand the processes and what you are up against, and then comes preparation. PREPARATION, PREPARATION, PREPARATION is the key. You must script what you think you can follow (remember the Traffic Ticket Court goes on everyday with hundreds of people, and you are only there once) so you are out of your league. You need to level the playing field. Study, study, study. Go over our blog, learn and understand you will continue to learn forever. If you think you know it all, you will lose. Don’t get your head handed to you.

I have written a script for you below, study it, learn it, question what it means, change it to soot your personality better. But the lesson is ‘to have a script or outline to follow’ when you (David vs Goliath) are up in front of the Commissioner. Since they do this everyday, they know how to trick you or trip you up. They are not all Bad, it is to see if you know what the heck you are doing or talking about. And most importantly, they want to keep you in line so you don’t cause more work or a group movement. If they can put you in your place, the rest of the ’sheep’ will follow to slaughter.

Can you fight the traffic ticket system?

Can you fight the traffic ticket system?

Also, take all of this as a learning step. Want to win, work hard at learning your rights and responsibilities, but don’t take it so personally that you lose sight of your life and what is important in it. I have had students that had veins popping out of their necks as they ‘fight to the death‘. If you lose (and yes, they can trample all over your rights if you don’t know what they are doing or how to defend your self-ever hear of a Kangroo Court?), we have a whole section on Appealing your decision (this also will be on another blog post).

SO HERE YOU GO:

Step 1

First Court Appearance Step by Step instructions

a. Preparation:

First of all, it is intimidating, so take a deep breath. Don’t drink a bunch of coffee and go to the restroom before you go into court. (nothing worse than having to go and waiting for your turn at bat).

Relax, breath, and all you have to do is follow the script. Talk loud enough so they can hear you clearly. Be respectful. Look at the Commissioners title on his desk. Address him/her as the title is.

Print out the script and your motions under the Resources Tab, go through them and then fill them out. Check them over again to make sure you did not forget anything and that you understand them.

The motions you want to print out are:

1.       Request for Verified Complaint

2.       Demur to the NTA

3.       Discovery

You want two copies of each, one for the court and the other for your files. They will stamp them ‘Filed’ and return one set to you. We want 3 copies of the discovery as you will need to serve the 3rd copy to the DA’s office.

b. Open Traffic Court Appearance-everyone.

You will have to check in, usually with clerks before you go to court. This is normally the long lines that you waste your life in waiting to be served by civil servants who don’t seem to care, about you or what you have been thru. They have heard it all and don’t want to hear it from you.

In court, just before court starts, they will do a ‘roll call’ to see who has shown up.

Then the Commissioner comes in and gives his pre-Arraignment talk (5-10 minutes) on how ‘his’ system works, what he does, what he expects from you, how many they call up at one time, how payment on account work or ‘working it off’ is done, how waiving time does not give up any of your rights (DON’T DO IT!!!), what types of plea’s you can enter, etc.

Then they will start calling up people to arraign (that means that you were read your charges and asked how you plea?), this is the actual Open Traffic  Arraignment  Court or Calendar. There is no court trials yet, there are no police witnesses against you yet, they just want to know how you plea, if you want to just pay your fine and have it go away, make payments, work it off, or ‘contest it’ which means you plea Not Guilty (or Nolo-Contendre-another version of not guilty) and ‘set you for trial.

c. Open Traffic Court Appearance-your turn at bat!

The Commissioner will call your name, ask you to step up to the ‘bar’ (it normally is a table or podium), then will read your charges like,

“Mr. So & So, on Date, you were cited for (what your ticket is for), ‘How do you Plea?’”

And your exact remarks will be: This is your script immediately below, print it out so you don’t miss it.

Commissioner I Object to the Notice to Appear.

I have 3 motions to file:

First a request for a verified complaint,

Second a Demur to the Notice to Appear,

and Third a Discovery request.

You will hold up your copies of your motions to the Bailiff (Sheriff) who will take them from you and give to the Commissioner.

During this time, the Commissioner will interrupt you stating things like, ‘this is an infraction – you do not get a verified complaint’ or ‘your notice to appear is your complaint’. Don’t worry about what he says, stay on point. They also rattle you, so keep this written script with you so you can proceed. It is your objective to get these filed and ‘on the record’ to beat them by them making mistakes.

If you were interrupted, be quiet, respectful and patient, then proceed with the script.  YOU MUST GET IT ALL IN!

The Commissioner usually will hand the motions to his clerks who will stamp them ‘Filed or Endorsed’ and have the Bailiff or Sheriff hand you back your copies.

At some point, the Commissioner will ask you again if you will enter a plea at this time (it’s their trick, they do it over and over) or if you will waive time. Your answer:

“Commissioner, I cannot plea at this time” or

You can fight & beat your traffic ticket in California

Push back with www.caticketbusters.com

“Commissioner, I do not wish to waive time”

At this point, usually the Commissioner will reschedule you and give you a new appearance date. Keep it slow and simple, we only want to get the motions filed and your Objection on the record. Everything is about getting what we want on the record so we can reference it later and use it against them. Sometimes we get a new Commissioner (so don’t worry about this one) if he does not want to play ball!

If you want to dialog with the Commissioner, here are some good ones to use.  (be careful though, as they do this 8 hours a day and they are asking questions to trip you up for some legal reason)!

Always, Always, Always try and ask the Commissioner a question ‘for the record’, like:

“Can you please state, ‘for the record’, what Penal Code, Vehicle Code or Statute you are using to base your decision on?” I need it for any possible appeal. The more you can get them to commit their answers on the record the better we can get them to dismiss your case. Whoever is asking the questions is in charge, so don’t be afraid to keep asking Commissioner questions (be Colombo).

If Commissioner pushes you on ‘how you Plea?’ to your charge, just read this:

“I cannot plea at this time. I  specifically and  simply do not understand the nature and cause of the accusation with regards to the elements of personal jurisdiction, venue, and the nature of the action until the prosecution properly alleges them and therefore unable to enter a plea against the charge until I have an opportunity to raise a meaningful defense against these elements. I simply cannot rebut an unstated presumption.”

Frame as questions:

“Commissioner, can you quote the statutory intention of 40513 a&b for me?” (see our breakdown-best to save for 2nd court appearance, but if Commissioner pushes you-then shoot him between the eyes, print out and read this to him to get his answers on the record.).

“Exactly – if you don’t know how can you hold anyone to answer to it.”

“Can you prove and state for the record you have Subject Matter Jurisdiction?”

“Did you know, If you violate my rights, you lose Subject Matter Jurisdiction?”

Rev 1-2011

Ronald Cupp PhD

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ps:

We always love to hear about your victories and overcoming your problems in the process, and want you to share for the benefit of others.

We always protect your privacy or rights so we block out part of your phone number or email.

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September 8, 2010 Traffic Court appearance. On my second appearance, I waited till my turn, my name and case was called, then I approached the ‘Bar’, and said

“Excuse me Commissioner; I have a couple of motions to file.” As I spoke I raised my motions up and handed them to the bailiff to give to the commissioner, and then I continued on

Applied Cop Wisdom

“On my last appearance I demurred to the complaint. I am filing a motion for dismissal on procedural error as my demur was not heard or answered as it was presented in open court, also I am filing a motion for dismissal on procedural error as the reason for the extension of time to answer the demur was not placed in the court minutes (if there was one ‘in the interest of justice’). Per Penal codes 1002-1006 are very clear and are part of my demur.

I am also filing a motion for dismissal for non prosecution by the State. I requested discovery from the DA and have received none. I have not received any charging instrument by the People or from the People of the State of California. I asked you if my charges were civil or criminal, and you stated criminal. Per government code 100 and penal code 684, if the charges are of a criminal nature, I am supposed to be prosecuted by the DA and by the People of the State of Ca.

I am also filing a motion for dismissal for violation of my speedy trial rights. I was arraigned on June 22, 2010 by Commissioner Hochmann. In People v Charrtuck, the Ca Supreme court decided that arraignment was when I was read my charges and asked how I plea. The actual plea is an entirely separate act. If you look at my court minutes from my first appearance, it clearly shows that I was arraigned on that day-June 22.  August 5th would by my 45 day speedy trial deadline.

My request for a Verified Complaint was denied by Commissioner Hochmann as he stated that the NTA was ‘Verified’, and that I did not show that the NTA was defective. When I appeared before you, I stated that my Due Process Rights entitled me to the presumption of innocence. The State must show the NTA was proper. I have challenged it as improper and the proper charging instrument, and I challenge the ‘Verification’ by the officer as proper.  And as such, I also challenge it as I have not been shown that it was filed timely to a Magistrate, who read it and indorsed it, that I be held to answer. Per Penal Codes 853.9, 853.6 or 815a. (if we follow PC 853.9, then you must follow PC 738, 739, 740, 872 & 1382)

I am filing a motion for dismissal as the proceedings were prejudicial to me and my due process rights. Prejudice because Commissioner Hochmann stated he would deny my written motion for a Verified Complaint before he even received it into evidence or read it. If prejudice, it is my understanding that you are to stop these proceedings and have a hearing BEFORE you proceed with this hearing.

I still have not plead nor am I under contract or jurisdiction with this court. Until you properly file the charges, follow your own Penal Codes or letter of the law, you do not have subject matter jurisdiction or jurisdiction over me in this proceeding.

If you continue, I request a Probable Cause Hearing.”

These were my notes to ask:  IF THE COPS SHOW UP AND TRIAL:

Have you seen me? How many tickets did you write that day before mine? How many after? What did you do with them? What is your normal procedure? When did you file it with the court? Do you have the stamped filed copy to show when it was done? did it meet the time frame of PC872 & PC1382? When did you submit it to the Magistrate,  who did the verification, and was it filed and indorsed my the Magistrate?

Note to myself: Look at the original NTA, is it changed or marked up in any way (PC 853.6), especially look at the back for notes or changes.

Ronald Cupp PhD

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ps:

We always love to hear about your victories and overcoming your problems in the process, and want you to share for the benefit of others.

We always protect your privacy or rights so we block out part of your phone number or email.

Please share this with friend or loved ones who need help and please comment on the blog or youtube channel!

How to do an Appeal of your Infraction case. When you are in traffic court, it is about the facts. When you appeal your traffic court loss, it is about the law! Don’t forget that.

You lost your traffic ticket case in court, you were railroaded, the Commissioner did not listen, the court did not follow its own rules of court,  penal  or vehicle codes. They held you to the letter of the law but then broad jumped over all their own rules and procedures.  It was not fair.

Fight & Beat any traffic or speeding ticket in California

So what can you do now? You can appeal; an appeal is a request to a higher court to review a ruling or decision made by a lower court. If you are appealing, you are called the ‘appellant’. In an infraction case, the court hearing the appeal is the appellate division of the superior court, and the lower court-called the ‘trial court’ is the superior court. This means that we can get 3 separate Judges to overlook any procedural error the trial court made against you, if you (or they) were prejudiced against you.

It is not a new trial, you cannot introduce any new evidence or testimony now for this hearing, (that is why we instruct you to always get your information, questions, objections, requests for dismissal, etc, everything in the record, during your regular court hearings). If you did, then we can show the trial court erred and it is our job now to show where.

So it’s a lot of stuff, but easy to do. Let’s bullet point the steps. Only 9 items to do to win.

  1. Decide if you are going to appeal. This is to the Appellate Division of your same superior court.
    1. If so, send notice of appeal within 30 days after trial court renders judgment.
    2. Ask for stay so you do not have to pay fine or complete punishment until appeal is done.
  2. Decide if you want record of Oral proceedings.
    1. Decide Statement on appeal or Electronic Recording (if available)(Court reporter too expensive).
    2. You must serve & file proposed statement within 20 days after you file notice of appeal.
    3. State has 10 days to review and make modifications
    4. Trial judge then review both proposed statements. Judge can make modifications.
    5. You review judge’s modifications and then you can modify again within 10 days.
    6. Trial judge certifies Oral proceedings (settled statement) for Appellate Division.
  3. Court clerk sends statement & transcript to appellate division with other documents & exhibits.
  4. Appellate Division will notify you of when you must serve & file ‘appellant brief’.
  5. Respondent (State) must serve & file ‘respondent brief’ within 30 days.
  6. If respondent file a brief, you will have 20 days to serve & file ‘reply brief’.
  7. Appellant Division will notify you of date for Oral arguments.
  8. After Oral arguments, Appellant division has 90 days to decide appeal.
  9. If you lose appeal, you can do the same thing to the APPELLATE COURT, a new higher court!

Again the cast of characters are (4),

a.       you/defendant/appellant

b.      plaintiff/respondent/People of the state represented by DA or City Attorney (even if they were not at your trial).

c.       The lower court/trial court which you are appealing

d.      The higher court/Appellate Division of the Superior Court

Some say the post office is the 5th party as it can all be done by mail (except settled statement).

Staying on point will help you establish credibility with the Judges. Stating the facts honestly will help when you lay out your case. Keep emotion and storytelling out. This is what you did, this is what the trial court did, this is how they harmed you.  Page and paragraph is proof of what you are saying.

THE KEY: When the facts are on your side, argue the facts. When the facts are against you, argue the law. We have found that if you are arguing the facts (it is the cop’s word against yours) you normally lose. That is why we use the legal system against itself; they make mistakes all the time! Arguing the law will involve either paperwork or procedure. A mistake in either can be fatal to the prosecution’s case against you. Again, it is your job to get everything in the record.

Also, I highly recommend spending a couple of hours in Appeals court to see what happens and how things are run. I have done this several times and it was not as formal as I thought it would be. But be prepared for formal and follow their rules so they cannot find against you on technicalities.

Appeals are slightly different for Misdemeanors than they are for Infractions, so we are focusing on the infractions as that is what most ‘traffic tickets’ are. If you have a misdemeanor case, they  will be slightly different procedures on the same links we are providing. (see form CR-131-info)

We start with the basics, the court supplied information packet.

http://www.courtinfo.ca.gov/forms/documents/cr141info.pdf

The appellate division’s job is to review the record of what happened in the trial court and the trial court’s decision to see if certain kinds of legal errors were made in the case:

1.       Prejudicial error: if an error was made about law or court procedures, and it caused you substantial harm, it is prejudicial error. (errors made by the judge). When Appeals Division conducts its review, it presumes that the judgment, order, or other decision was correct. It is our job to show an error and that it was harmful to us.

2.       No Substantial Evidence: You may also ask them to rule there was not substantial evidence supporting the judgment, order, or decision.

The appellant division generally will not overturn the judgment, order, or decision being appealed unless the record clearly shows that one of these legal errors was made.

You DON’T need a lawyer to appeal.

Everything we learned or we show you we got off www.courtinfo.ca.gov, and we link to the specific item when we think you need direction.  Feel free to scan and review what you need to learn.

Who can appeal?

Only a party in the trial court case can appeal a decision in that case. You are called the Appellant. The other party (the People of the State of California) is called the Respondent.

Can I appeal any decision the trial court made?

NO, you may appeal only a final judgment of the trial court-the decision at the end that decides the whole case. Other rulings made by the trial court before final judgment cannot be separately appealed, but can be reviewed only later as part of an appeal of the final judgment.

How do I start my appeal?

First, you must file a notice of appeal. The notice of appeal tells the trial court that you are appealing the trial court’s decision. Use http://www.courtinfo.ca.gov/forms/documents/cr142.pdf

Is there a deadline for filing my notice of appeal?

YES. You must file your notice of appeal within 30 DAYS after the trial court renders its judgment. This deadline cannot be extended. If you are late, you cannot appeal.

How do I file my notice of appeal?

You must bring or mail the original notice of appeal to the clerk of the trial court, it’s a good idea to bring or mail an extra copy and ask the clerk to stamp it to show that the original has been filed. After you file your notice of appeal, the clerk will send a copy of your notice to the office of the prosecuting attorney (DA, county counsel, city attorney, or state Attorney General).

Do I still have to pay my fine or complete other parts of my punishment?

Filing a notice of appeal does NOT postpone  your  fine or sentence. You must first ask the trial court for a ‘stay’ of the judgment. Even if you ask the Appellate Division for a stay, you must show you asked the trial court for a stay first.

What else do I need to do when I file my notice of appeal?

You must tell the trial court whether you want a record of what was said in the trial court (called a record of ‘oral proceedings’) sent to the appellate division, and, if so, what form of record you want to use. In the form  http://www.courtinfo.ca.gov/forms/documents/cr142.pdf it includes boxes to check whether and how you want to provide this record.

You do not have to send the appellate division a record, but if you want to raise any issue that would require them understanding what was ‘said’, you will need a record of these proceedings.  If the appellate division does not receive the record, it will not be able to consider what was said in the trial court in deciding whether a legal error was made.

Remember, the appellate judges were not in your trial and only know from the record of what was done.

What are the different forms of the record?

There are 3, only two viable.

1.       Statement on appeal. This is a summary of the proceedings approved by the trial court judge. You have to prepare it from your records or best of your memory of what was said, by whom, and what happened.

2.       Officially electronically recorded (some Counties do this-Yea!!! If you are in one). They may even want you to have the recording transcribed by a court reporter, by most of them will use the actual recording if you give them the actual spots of the recording to listen to. (you can say that in 12 minutes 10 seconds of the recording is when the Commissioner violated by due process rights).

3.       Court reporter-too expensive.

A Statement on appeal will take some of your time to prepare. It must include a summary of the oral proceedings that you believe necessary. It also must include points you are raising on appeal (see rule 8.916 CRC http://www.courtinfo.ca.gov/rules/index.cfm?title=eight&linkid=rule8_916).

You will want to use simple form CR-143 for this http://www.courtinfo.ca.gov/forms/documents/cr143.pdf

How to Serve and File a proposed statement:

You must serve and file your proposed statement within 20 days after you file your notice of appeal. (important-you should calendar this so you don’t miss it!).

1.       Have somebody over 18, serve it to the prosecuting attorney (DA or Commissioner)

2.       Fill out a proof of service-

for info http://www.courtinfo.ca.gov/forms/documents/app009info.pdf

for the actual form http://www.courtinfo.ca.gov/forms/documents/app009.pdf

3.       File the original proposed statement and proof of service with the trial court.

Now the dance. The DA and any other party have 10 days from date you serve your proposed statement to serve and file their proposed changes (called ‘amendments’). The trial judge then reviews both your proposed statements and amendments and makes any corrections himself that are needed to make sure the statement provides a complete and accurate summary of the trial court proceedings.

Here’s where it gets tricky, you must keep impeccable records since the Commissioner will be amending your statements to reflect what he believes happened, and if he has violated your due process rights, his version may be different than yours. You can’t refute it unless you have a record or diary of what happened and what was said, step by step.

If the judge makes any corrections and you disagree with anything in the judge’s statement, you will have 10 days from the date the statement is sent to you to serve and file objections to the statement. You then have to send it back to the judge for another round of reviews and corrections, and then the statement is certified;  a complete and accurate summary of the trial court proceedings.

When the trial judge certifies the statement on appeal, the trial court clerk sends the statement to the appellate division with the clerk’s transcript.

Is there any other part of the record that needs to be sent to the appellate division?

Yes, two other parts of the official record need to be sent.  (Documents and Exhibits).

Documents filed with the court the clerk is responsible for preparing a record of the written documents filed in your case (and this includes the transcript we just talked about). This is the most important-that is why we file motions and documents in court – for the record.  Let your papers do the talking!

Ie: If you only asked orally for a Verified Complaint and the judge just denied your oral request, that is the end of it. The record only shows oral request for Verified Complaint and Commissioner denies your request. But if you filed a written request for the Verified Complaint with all the backup, penal code citations, etc, we have set the stage for several reasons for overturning his decision and showing procedural error and prejudice against you.

Exhibits submitted during trial  (Photos, maps, etc).

You must ask the trial court clerk to send the original exhibit to the appellate division with 10 days after the last respondent’s brief is filed.  http://www.courtinfo.ca.gov/rules/index.cfm?title=eight&linkid=rule8_921

So all of the above is just preparing the record for the Appellate Division to review. What happens now that the record is prepared?

As soon as the Appellate Division receives the record(s) from the trial clerk, the Appellate Division will send you a notice telling you when you must file your brief.

What is a brief?

A brief is a party’s written description of the facts in the case, the law that applies, and the party’s argument about the issues being appealed.

You should read rules 8.927 & 8.928 CRC first

http://www.courtinfo.ca.gov/rules/index.cfm?title=eight&linkid=rule8_927

http://www.courtinfo.ca.gov/rules/index.cfm?title=eight&linkid=rule8_928

If you are appealing, you are the appellant, and your brief is called the ‘appellant’s opening brief’, and must clearly lay out what you believe are legal errors made in your trial. Your brief must refer to the exact places in the clerk’s transcript and the statement on appeal that support your argument. See why the record is so important!

Serve and File your Brief

You must serve and file your brief (the court will tell you when-normally 30 days after the record is filed in Appellate Division), using the same format stated above (page 3). If you do not file your brief by the deadline, the court may dismiss your appeal.

What Happens After I File by Brief?

Within 30 days (after you serve and file your brief), the Prosecuting agency (The People-State) may, but is not required to, respond by serving and filing a ‘respondents brief’. If they do not file, you do not automatically win. The Appellate Court will decide the appeal on the record, the appellant’s brief and any oral argument by the appellant.

If respondent (The People-State) serves and files a brief, within 20 days after you are served, you may, but are not required to, serve and file another brief replying to the respondent’s brief. This is called a ‘reply brief’.

Once all briefs have been served and filed, or time to do so has passed, the court will notify you of the date for oral arguments.

What is oral argument?

This is your chance to explain your arguments to the appellate division judges in person. You do not have to participate if you do not want to, you can ‘waive’ oral arguments. They will rule based on the record submitted, which is the briefs and any oral arguments submitted. If you choose to do oral argument, you will have up to 5 minutes for your argument (unless court wants more).

The judges will have already read the briefs, so you do not need to go over this. It is more helpful to tell the judges what you think is most important or ask the judges if there are any questions they may have concerning your appeal.

After oral argument (or scheduled dates for oral arguments), the judges have up to 90 days to decide what happens in your case and render their decision.

Ronald Cupp PhD

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END

Rev Jan-2011

To the masses! Listen to his audio tape, he refused to give in on his ticket, (I hope I can stand so tough!), then fought and fought, and won on Appeal.
I copied his Appeal Brief so you can learn and use for your own. Beautiful, concise, articulate, and to the point. Most important, victory!

HERE IS HIS APPEAL BRIEF CLICK ON LINK ON RIGHT  Naranjo Appeal Brief victory

Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.

Good going Tommy!

I also attached a link to the website on requirements below.
http://www.courtinfo.ca.gov/courts/courtsofappeal/2ndDistrict/faq/briefsapp.htm#4

To your Learning
Ron
www.blog.caticketbusters.com

3 Plus against 1 (little ole you!)

www.caticketbusters.com

www.facebook.com/caticketbusters

http://www.twitter.com/#!/CATicketBuster

All,

This is Tommy’s brief on appeal. He won by default as the people (D.A.) failed to respond. He wants everyone on planet California and elsewhere to have a copy. We can help clean up prosecutorial and judicial misconduct if everyone who gets cited follows Tommy’s lead.

Of course there are are cases that Tommy did not cite in this brief regarding SMJ and fraud upon the court, but those can be added later.

These cases are powerful.

Enjoy!

~Up!
—–Original Message—–
From: Thomas Naranjo
To:
Sent: Tue, Apr 26, 2011 7:57 am
Subject: Re: case
here it is please share it with others just have them make it their own and learn it
________________________________________
—-Original Message—–
From: Thomas Naranjo
To:
Sent: Mon, Apr 25, 2011 11:47 pm
Subject: Re: case
here is my appellants opening brief

________________________________________
From:

To: naranjo*******@yahoo.com

Sent: Mon, April 25, 2011 10:22:05 PM
Subject: Re: case
Tommy,

Hope you are well.

Yes! Contact Ron. He is in Court right now fighting the same fight. Attached is something new that was filed on Friday in the Appellate Court.
Let’s stay a little bit closer in touch. A friend got his P.C. 1214 motion Granted to vacate.

I will send over some cases On Challenging SMJ.

Read the Petition first and then the transfer. Then get back to me. The AppDept & the D,A. Should have got their copies today.

Blessings.

“If you challenge anything in life, challenge Subject Matter Jurisdiction.”

~Paul J. Southwick
—–Original Message—–
From: Thomas Naranjo
To:
Sent: Mon, Apr 25, 2011 9:47 pm
Subject: Re: case
my case in Fontana has been dismissed the court has its own collection agency and has not pursued anything. I have not heard back from the riverside appellate division I visited them last month they said they would send me something in writing and they haven’t. I am currently fighting my mortgage company pro se cause I have been robbed blind by blood sucking lawyers. do you have any good resources for fighting the big banks?

________________________________________
From:
To: naranjo*******@yahoo.com
Sent: Sun, April 24, 2011 2:14:38 PM
Subject: case

Tommy,
Hey what has been happening in your traffic cases? Did you win any?

~Up

November 2010

WONDERFUL I asked the judge for a verified complaint and long story short he kicked me out the court room by the bailiff what do I do now? I have a F.T.A. I have attached the official recording of the presiding

Respectfully Thomas Naranjo
951-675-****

—– Original Message —-
From: CATicketBusters.com
To: Thomas Naranjo
Sent: Tue, November 16, 2010 3:00:51 PM
Subject: RE: customer service

Hello,

You can use this email to contact for questions.

Thank you
Louis
Caticketbusters.com

—–Original Message—–
From: Thomas Naranjo [mailto:naranjo*******@yahoo.com]
Sent: Tuesday, November 16, 2010 11:51 AM
To: service@caticketbusters.com
Subject: customer service

who do I contact for Questions?

Hope the above is fun and helpfull to all students. If you like it, please post your comments below.

We love your feedback, we do this for you!

Ronald Cupp PhD

ps:

We always love to hear about your victories and overcoming your problems in the process, and want you to share for the benefit of others.

We always protect your privacy or rights so we block out part of your phone number or email.

Please share this with friend or loved ones who need help and please comment on the blog or youtube channel!

Attached is an email from a very inspiring student of ours, and as all emails are, you need to go in reverse or read from the bottom up as each subsequent answer is placed on top. I have decided to start doing this so I can catalog our answers to students and others can learn from these interactions with court and solutions. It is always a moving target with tactics and answers changing in response to how the court reacts to each student.

In this one, Keegan (I have removed his last name and portions of his email and phone for privacy) gave us permission to use his activity and he even posted it on YouTube.  Although for privacy I did this, I will give his link to the YouTube as he wanted to pass this on for others to follow.  His emails are in black writing, our response is anything in red.

From: Keegan **** [mailto:keegan****@*****.com]
Sent: Sunday, November 21, 2010 11:15 AM
To: Service@caticketbusters.com
Subject: Re: Broken Links in CATicketBusters-Answers to your questions

Hi Louis,

Here is a link to a recording I made of my court appearance this past Thursday. http://www.youtube.com/watch?v=HFjBE8RtIqo

There’s a brief intro, and then the recording begins.  I did my best to edit the sound.  I had the mic hidden inside my coat so it scratches when I move, but hopefully you can understand it.

FYI, the part where she (the commissioner, who is new as of Sep 2010 by the way), finishes reading my charges and then mentioning the motions I’d filed, she basically motioned with her hands and expressed with her face, “OK, um, don’t know what to do with you, and said ‘You’ve filed some motions… so go ahead’”.  Looking back, it was quite comical, and pretty cool that I was the only one she never asked “How do you plea” since I had filed with Notarized Affidavit the day prior Removal of Court Entered Plea PC 1018.  

She was very respectful, and kind even.  She did all kinds of “favors” that day, reducing $600 fines all the way down to $300 at times.  ;)

I am amazed that she said on the record “I’ll ask the District Attorney to file a Complaint and I think he will based on the charges” (paraphrased).

This is where California Rules of Court 4.110 applies right? They have 15 days to file the Verified Complaint, and I’m coming back 28 days from this past Thursday, so unless they file before the 15 day mark, they’re outside of Due Process right? Or at least their own rules anyway?  

I imagine the Commissioner will say that this is not a criminal proceeding.

I held off on entering the Demurrer to “Notice to Appear” since she said she’d ask the DA to file a complaint.

Lastly, if you wanted to use my YouTube video on CAticketbusters, it’s in public domain, and I’d be fine with that.

I want this case dismissed!  Thanks for your help.

Keegan ****

Keegan;

The request should have been in writing and filed in court. It is OK, she said she would have the DA produce one. It is OK that the DA will NOT give you a verified complaint (they can’t- they missed time frames, etc).

Your next step is to file a demur to the complaint when you go back to court.

Save your request for additional time to plea (or discovery-or talk to counsel) until you need it. When you file the demur, she will probably deny it on the spot or again tell the DA to answer it.

Go!

Louis

From: Keegan **** [mailto:keegan****@gmail.com]
Sent: Sunday, November 21, 2010 1:03 PM
To: Service@caticketbusters.com
Subject: Re: Broken Links in CATicketBusters-Answers to your questions

One more thing.

I submitted the request for Verified Complaint via certified mail, with signature proof, but without Notarized Affidavit.  The court accepted it into the case, levitra pharmacy and as I mentioned, and as the Commissioner stated, she’d request the DA produce a complaint.  I noticed she neglected to say “verified” in front of complaint.

Should I submit again with a Notarized Affidavit attached, so they can’t falsify response?

If they do produce a Verified Complaint (first time in history in traffic infractions no?), I will request additional time to enter a plea.

Thoughts.

Keegan

On Wed, Nov 17, 2010 at 11:00 AM, Keegan **** <keegan****@gmail.com> wrote:

Hi Louis,

THANKS FOR TAKING THE TIME TO HELP!

One broken link is the Demurrer to the NTA.  It says “link appears to be broken” in Chrome and Firefox.

Motion and Declaration to Vacate Judgment is also broken.

You should check all the links on this page.  If it works on your computer, perhaps it’s because they’re stored on your computer. If you delete them, or rename them, maybe clear your cookies and cache, then you should see they’re broken links.  Or just use a computer that hasn’t already downloaded them.

Bummer, I need the Demur to the NTA today. I have to file with the clerk today, and show tomorrow.  I think I’ll just Motion to Dismiss and Probable Cause….

Also, I’ll get them all Notarized.

Thanks again.  

Keegan ****

***-699-****

On Tue, Nov 16, 2010 at 4:09 PM, <Service@caticketbusters.com> wrote:

Keegan;

 Below is a case that I was just sent, I am passing it on just for additional educational benefits. (I do this for others and you just happened to start!)

Please review my answers below in your questions in the body of the email.

 http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=355&invol=41

 Conley v Gibson U.S. Supreme Court (1957) on making a Sufficient Statement of Facts:  A rule 12 (b) for dismissal of a Title 42; Section 1983, action cannot be granted to a defendant(s) if you follow what is stated in this case.

 This is the benchmark case here guys & gals for the Fed Rule 12 (b) motion to dismiss.  Please Read.

 Don’t forget:

 Always ATTACH a Notarized Affdavit to your VERIFIED complaint as to the truth of FACTS stated in ALL your pleadings from now on! 

 REGARDLESS of what it is.

 When you do this, they (your) defendant) must do the same.  If they FALISFY their answer in any way to do the same, you prevail and they (your opponet)  is/are on the hook, NOT you.

 Verified means supported by a SEPARATE AFFIDVIT (attached) as to the truth of the matters set forth in the complaint. (2A C.J.S. fn 9.).

 From: Keegan ****
Sent: Sunday, November 14, 2010 12:26 AM
To: service@caticketbusters.com
Subject: Broken Links in CATicketBusters

 Hi,

 I am finding your course to be extremely enlightening, empowering, and I’m enjoying this very much :)

 I wanted to bring it to you attention that there are a few broken links within the Resources section.

 Also, I wanted to ask for verification of the process I’ve taken.

 Step 1: I requested an extension with the clerk. GOOD

Step 2: The same day the extension was given, I sent via Certified Mail (with receipt of delivery sent back to me), the Verified Complaint Demand on pleading paper.  I did this to enter into the record and “serve the court” in an appropriate way, rather than trying to serve it across the bench, which they could deny. IN FUTURE, SERVE OVER BENCH OR WITH CLERK, WE WANT A COURT STAMP.

 I’m breaking this one down into small items:

Step 3: The court responded with PLEA AND NOTICE OF COURT TRIAL (CVC 40519), in writing with a Trial Date (the officer to be present), said the NTA counts as a complaint in lieu of a Verified Complaint. Look up demur in the Resourses section, you will need to file this (it is a challenge to the NTA). 

 A Not Guilty plea is entered (You will need to file a PC1018 removal of court entered plea-so you are back to normal when you go to court and not under their Jurisdiction),

 I waive time, and they cited CVC 40513(a) (and neglected b and c of course). So remember (look up 40513), when was it filed with the Magistrate? (remember a Commissioner is NOT a Magistrate (see PC 808) Also it says that the defendant MAY plead, not that you have to. Also that a Defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written NTA. Question is: did you give them an agreement in writing?

  I will adhere to section (b), and not agree to the NTA being a Verified Complaint as you mentioned in your video.  There is a place for my address, date, signature, and phone.  WHAT A RACKET! It’s everything I won’t do!  Like I’m going to sign and enter into contract with them!

GOOD YOUR GETTING THIS

 So to recap, we want the following motions filed: All under the resources tab.

 Written Request for verified complaint

Demur against the NTA

Removal of Court Entered Plea (PC 1018)

 You will frustrate them (sometimes they just don’t listen as you are quoting the penal code to them and they don’t want to hear it or they think they know it.)

Remember, it is important to get all this in for the record, so if they kangaroo court you, you can beat them on appeal. It is for the record we want all of this. Whenever you THINK something is wrong, object for the record. Even if you don’t know why. Don’t hesitate to ask for dismissal also and they have to rule on your requests. Remember this if for the record. Remember, no emotions or anger, just a person standing up for their rights and asking questions of how they can do this if the penal code says different. (They tell me you can quote the penal code incorrectly-of course)

 So, it is important to file 5 days before your court date (even though most can be ((especially the demur PC 1002-1006 states over the bench in open court at time of arraignment)), because I can see the Officer in court and they will just try and hold a trial. When that happens, object-for your due process rights. It will be denied. Then let them proceed, the judge will ask the officer what happened, and then he will turn to you and ask for your side of the story. Just say you are not here to try when you have not been properly charged. Then state or show him the court entered plea removal and that you want to file the demur.

 

If the judge is not listening to you, for the record, tell him you want to file a Peremptory Challenge PC 170.6, which means you feel he is prejudicial to you and that you want a new Commissioner.

 Let me know what happens after that and I will attempt to help you. Lastly, we can’t find any broken links. Can you help us out with where they were.

  The court date, which I think requires my signature to be valid, is Dec 16th.  I think I should appear (as I planned) next week, and request in person the Verified Complaint, thereby initiating the 15-day time limit for the Court to produce a true Verified Complaint.  Then, depending on what they do, I’ll show up after the 15 days, and request dismissal based on lack of prosecution (and cites California Rules of Court 4.110 I think).

 Lastly, I’m an internet marketer, and would like to promote this Clickbank product, but I need all the Resource links to be fixed before doing so.  I will also be documenting everything to use as testimony to the “awesomeness” of this system/methodology.  Can I have a video camera and audio record the hearing?  Or just record the hearing?  Should I hide it?  Should I let them know? The CRC (California Rules of Court) say you can record for your own records and notes only, but you must get the judge’s permission first. Is your court minutes recorded by the court? Sometimes they are and you can buy them, that is the best record. I personally have and HIDE a digital recorder when I appear on the bench.

 Thanks for your time.

Keegan H***

 I will always follow privacy and confidentially unless you give us permission.

So if you use ‘the system against itself’ and want to share your victory or experience, you can email or send us a short video clip to service@caticketbusters.com and we will post it on our blog!

We don’t spam, sell, market or betray your email address with anyone. If you send us your testimonial by email, we will remove part of the email address so it is not out in the public.

I personally have used this on several Speeding tickets in California  and traffic tickets, cell phone tickets, commuter lane tickets, red light tickets,
red light camera tickets and seat belt tickets to tie them up and use their own rules of court against them. Remember,  it  works for all California infractions, 
to have them treated for our purposes, to hold them to the Misdemeanor laws and rules of court!

Ronald Cupp PHD

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