blank pleading template with line numbering -- word€¦ · web viewaffidavit of truth, empress...

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HI&RH Empress Aubreé Dei Gratia, ExecutrixSui Juris, the natural living womanc/o U.S.P.O. Postmaster, c/o temporary mailing location PO Box Nine-Zero-Four-Five-Two, near San Jose, at Santa Clara County, on California, [zip code exempt] DMM Reg., Sec 122.32, Public Law 91-375, Sec. 403Tel: 408-830-6266

SUPERIOR COURT OF CALIFORNIASUPERIOR COURT OF CALIFORNIACOUNTY OF SANTA CLARA

Appellate Division191 N. First St., SAN JOSE, CA 95113

Aubreé Dei Gratia©, Secured Party Creditor,

Appellant/Plaintiff,

vs.

WACHOVIA MORTGAGE FSBAppellee/Defendant

__________________________/

))))))))))))))))))))))

Appeal Case No.: 1-14-AP-001825Trial Court Case No.: 1-10-CV-178733

Dei Gratia© vs WACHOVIA

Appellant/Plaintiff’s Request for Judicial Notice of Prima Facie Evidentiary Affidavits in Support of Objection to JudgeVincent J Chiarello for Disqualification for Cause1) Exhibit 2: Affidavit of HI&RH Empress Aubreé Regina Dei Gratia©2) Exhibit 3: Affidavit of William Bullock Stewart III©3) Exhibit 4: Affidavit of Robert C. Cutright4) Exhibit 5: Affidavit of Walter James Kubon5) Exhibit 6: Affidavit of Wayne Springfield©6) Exhibit 7: Affidavit of Raymon E. Tate III©7) Exhibit 8: Affidavit of Matt P. Jacobsen©

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Appeal No. 1-14-AP-001825, Dei Gratia© vs WACHOVIA

Case #1-10-CV-178733, Appellant Aubreé Dei Gratia©’s Judicially Noticed Evidence

in Support of Recusal of Judge Vincent J. Chiarello for Mandatory Disqualification for

Cause, including for Bias and Prejudice, previous self recusal, and Public Perception of

Bias and Prejudice pursuant to Hernandez v. VITAMIN SHOPPE INDUSTRIES INC.

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))))

[CCP 170.1, 170.3; Title 28 USC 144, 455; 4TH, 5TH

AND 14TH AMENDMENTS TO FEDERAL CONSTITUTION OF 1787; Fed. R. of Evid., RULES 201, 102, 104, 106, 402; Hernandez v. VITAMIN SHOPPE INDUSTRIES INC., 174 Cal.App.4th 1441(2009)]

Note to Court Clerk: 18 U.S. Code § 2071 –Concealment, removal, or mutilation generally

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or

destroys, or attempts to do so, or, with intent to do so takes and carries away any record,

proceeding, map, book, paper, document, or other thing, filed or deposited with any

clerk or officer of any court of the United States, or in any public office, or with any

judicial or public officer of the United States, shall be fined under this title or imprisoned

not more than three years, or both.

(b) Whoever, having the custody of any such record, proceeding, map, book, document,

paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates,

falsifies, or destroys the same, shall be fined under this title or imprisoned not more than

three years, or both; and shall forfeit his office and be disqualified from holding any

office under the United States. As used in this subsection, the term “office” does not

include the office held by any person as a retired officer of the Armed Forces of the

United States.

Appellant/Plaintiff Aubreé Regina Dei Gratia©, the natural living woman’s,

Request for Judicial Notice of Prima Facie Evidentiary Affidavits

in Support of Objection to Judge Vincent J. Chiarello for Mandatory Disqualification for Cause, including for Bias and

Prejudice, – of 31 –






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previous self recusal, and Public Perception of Bias and Prejudice

pursuant to Hernandez v. VITAMIN SHOPPE INDUSTRIES INC.PLEASE BE ADVISED AND TAKE NOTICE that in accordance with Federal Rules

of Evidence, which this court uses and is noticed of, Rule 201 Judicial Notice, Plaintiff

Empress Aubreé Regina Dei Gratia©, the natural living woman and Secured Party,

hereby respectfully submits the following Affidavits for this Honorable Court's review.

Pursuant to Federal Rules of Evidence Rule 201 Judicial Notice of Adjudicative Facts,

the foregoing evidentiary exhibits are submitted.

EXHIBIT LISTEXHIBIT LIST

Exhibit 2Exhibit 2: : Affidavit of Truth, Empress Aubreé Regina Dei Gratia©, the natural living

woman, signed by Affiant on June 07, 2015, 12 pages, and notarized by STATE OF

CALIFORNIA commissioned Notary Public with CALIFORNIA JURAT on June 07,

2015;;

Judicial Significance to the case sub judice is that the Affiant is the Plaintiff in the trial

court case Dei Gratia v. WACHOVIA MORTGAGE FSB (dissolved corporation, lacks

corporate capacity), Case #1-10-CV-178733, and Appellate in Appeal No. 1-14-AP-

001825. Appellant is a living mortal woman, private citizen. Each of the assigned judges

of the Appellate Division hearing the instant appeal, including Judge Vincent J.

Chiarello, admitted in case #107-CV-189409, SFPCU v. Stewart and cross complaint, in

which Appellant was a party, that Judge Vincent J. Chiarello has a lifetime bar to

hearing cases in which the Appellant HI&RH Empress Aubreé Regina Dei Gratia©, the

natural living woman, is a party. The UNITED STATES SUPREME COURT has ruled

that regular payments from other than the judge’s employer of record are bribes with an

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associated ‘quid-pro-quo’ agreement. Judge Vincent J. Chiarello is a recipient of regular

bribes from the COUNTY OF SANTA CLARA. Judge Vincent J. Chiarello had a

fiduciary duty to disclose the bribes given to him by the COUNTY OF SANTA CLARA

to the parties appearing before him. The COUNTY OF SANTA CLARA will profit

from the outcome of this case if ruled in favor a transfer of real property from Appellant

to the Respondent, in ‘quid-pro-quo’. The US SUPREME COURT has ruled in U.S. v.

Kemp that payments to judges establish a quid pro quo, and no proof other than proof of

payments is necessary to establish the quid pro quo between the judge and the entity

making the payments. The payments to the judge by the COUNTY OF SANTA CLARA

establish a bias against Plaintiff/Appellant. The transfer of real property from the

Plaintiff/Appellant is done to fulfill the quid pro quo. The COUNTY OF SANTA

CLARA profits from rulings that result in the transfer of real property ownership, thru

the county property transfer tax, and thru a reassessment of the property for increased

property tax which is done after every real property transfer. Judge Vincent J. Chiarello

had a duty to disclose the payments from the COUNTY OF SANTA CLARA made to

Judge Vincent J. Chiarello, which he failed to perform. Judge Vincent J. Chiarello

admitted in 2013 that he self recused in 2008 in case #107-CV-189409, SFPCU v.

Stewart and cross complaint, in which Appellant was a party. Judge Vincent J. Chiarello

had a mandatory duty pursuant to 28 USC § 455(a) to self recuse due to previous self

recusal in case #107-CV-189409, in which the Plaintiff/Appellant herein was a party,

and due to tacit agreement to having a lifetime bar to presiding in cases involving

Aubreé Dei Gratia as a party, and due to public perception of bias or prejudice by Judge

Vincent J. Chiarello against Aubreé Dei Gratia, CCP §§ 170.1(a)(6)(iii), 170.1 (a)(6)(B),

170.3(b)(4), and objection perception of bias by anyone who knows the aforementioned

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facts. Judge Vincent J. Chiarello has a bias against the Appellant herein. Judge Vincent

J. Chiarello has a fiduciary duty to track all of his conflicts, and to disclose them to

litigants in cases that she is assigned. Appellant has a land patent that exists in perpetuity

by federal court order of the United States Land Court in San Francisco, California, as

an assign to her real property located at 1461 Forrestal Ave., San Jose, CA as a portion

of the original Land Patent on the Pueblo Lands of the City of San Jose, which is exempt

from lien and levy. The Land Patent makes any claim by Defendant and Respondent

WACHOVIA MORTGAGE FSB without standing, and a claim for which relief cannot

be granted. Further Plaintiff/Appellant is a Secured Party, for which neither the

Defendant/Respondent WACHOVIA MORTGAGE FSB, nor the SUPERIOR COURT

OF CALIFORNIA have standing to take to make any claim for which relief can be

granted. Each of the assigned judges of the Appellate Division hearing the instant

appeal, including Judge Vincent J. Chiarello, have ignored Plaintiff/Appellant’s standing

as a secured party with immunity to all incorporated state court civil cases. Each of the

assigned judges of the Appellate Division hearing the instant appeal, including Judge

Vincent J. Chiarello, have denied Plaintiff/Appellant’s civil rights by ignoring

Plaintiff/Appellant’s land patent on the property located at 1461 Forrestal Avenue, San

Jose, California, issued by the United States Land Court, San Francisco, California, to all

heirs and assigns in perpetuity, as directed by the President of the United States.

Exhibit 3Exhibit 3: : Affidavit of Truth, William Bullock Stewart III©, the natural living man,

signed by Affiant on June 07, 2015, 13 pages, and notarized by STATE OF

CALIFORNIA commissioned Notary Public with CALIFORNIA JURAT on June 07,

2015;;

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Judicial Significance to the case sub judice is that the Affiant Stewart verifies that Dei

Gratia is the Plaintiff in the trial court case Dei Gratia v. WACHOVIA MORTGAGE FSB

(dissolved corporation, lacks corporate capacity), Case #1-10-CV-178733, and

Appellant in Appeal No. 1-14-AP-001825. Affiant Stewart has known

Plaintiff/Appellant since 2003. Affiant is not related to Plaintiff/Appellant, neither by

blood nor marriage. Affiant is an honorably discharged US Army Officer. Affiant has

first hand knowledge of all facts stated, thru direct attendance at all court hearings, and

review of all court documents.

Appellant is a living mortal woman, private citizen. Each of the assigned judges of the

Appellate Division hearing the instant appeal, including Judge Vincent J. Chiarello,

admitted in case #107-CV-189409, SFPCU v. Stewart and cross complaint, in which

Appellant was a party, that Judge Vincent J. Chiarello has a lifetime bar to hearing cases

in which the Appellant HI&RH Empress Aubreé Regina Dei Gratia©, the natural living

woman, is a party. The UNITED STATES SUPREME COURT has ruled that regular

payments from other than the judge’s employer of record are bribes with an associated

‘quid-pro-quo’ agreement. Judge Vincent J. Chiarello is a recipient of regular bribes

from the COUNTY OF SANTA CLARA. Judge Vincent J. Chiarello had a fiduciary

duty to disclose the bribes given to his by the COUNTY OF SANTA CLARA to the

parties appearing before him. The COUNTY OF SANTA CLARA will profit from the

outcome of this case if ruled in favor a transfer of real property from Appellant to the

Respondent, in ‘quid-pro-quo’. The US SUPREME COURT has ruled in U.S. v. Kemp

that payments to judges establish a quid pro quo, and no proof other than proof of



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Aubreé Dei Gratia© as a party, and due to public perception of bias or prejudice by

Judge Vincent J. Chiarello against Aubreé Dei Gratia©, CCP §§ 170.1(a)(6)(iii), 170.1

(a)(6)(B), 170.3(b)(4), and objection perception of bias by anyone who knows the

aforementioned facts. Judge Vincent J. Chiarello has a bias against the Appellant herein.

Judge Vincent J. Chiarello has a fiduciary duty to track all of his conflicts, and to

disclose them to litigants in cases that she is assigned. Appellant has a land patent that

exists in perpetuity by federal court order of the United States Land Court in San

Francisco, California, as an assign to her real property located at 1461 Forrestal Ave.,

San Jose, CA as a portion of the original Land Patent on the Pueblo Lands of the City of

San Jose, which is exempt from lien and levy. The Land Patent makes any claim by

Defendant and Respondent WACHOVIA MORTGAGE FSB without standing, and a

claim for which relief cannot be granted. Further Plaintiff/Appellant is a secured party,

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for which neither the Defendant/Respondent WACHOVIA MORTGAGE FSB, nor the

SUPERIOR COURT OF CALIFORNIA have standing to take to make any claim for

which relief can be granted. Each of the assigned judges of the Appellate Division

hearing the instant appeal, including Judge Vincent J. Chiarello, have ignored

Plaintiff/Appellant’s standing as a secured party with immunity to all incorporated state

court civil cases. Each of the assigned judges of the Appellate Division hearing the

instant appeal, including Judge Vincent J. Chiarello, have denied Plaintiff/Appellant’s

civil rights by ignoring Plaintiff/Appellant’s land patent on the property located at 1461

Forrestal Avenue, San Jose, California, issued by the United States Land Court, San

Francisco, California, to all heirs and assigns in perpetuity, as directed by the President

of the United States.

Exhibit 4Exhibit 4: : Affidavit of Truth, Robert C. Cutright, the natural living man, signed by

Affiant on June 07, 2015, 13 pages, and notarized by STATE OF CALIFORNIA

commissioned Notary Public with CALIFORNIA JURAT on June 07, 2015;

Judicial Significance to the case sub judice is that the Affiant Cutright verifies that Dei

Gratia© is the Plaintiff in the trial court case Dei Gratia© v. WACHOVIA MORTGAGE

FSB (dissolved corporation, lacks corporate capacity), Case #1-10-CV-178733, and

Appellant in Appeal No. 1-14-AP-001825. Affiant Cutright has known

Plaintiff/Appellant Dei Gratia© since May 2015. Affiant is not related to

Plaintiff/Appellant, neither by blood nor marriage. Affiant is a licensed Hedge Fund

Securities manager. Affiant has first hand knowledge of all facts stated thru examination

of court records and court judicially noticed evidence.



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duty to disclose the bribes given to his by the COUNTY OF SANTA CLARA to the

















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Judge Vincent J. Chiarello has a fiduciary duty to track all of him conflicts, and to

















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Exhibit 5Exhibit 5: : Affidavit of Truth, Walter James Kubon, the natural living man, signed by



Judicial Significance to the case sub judice is that the Affiant Kubon verifies that Dei



Appellant in Appeal No. 1-14-AP-001825. Affiant Kubon has known Plaintiff/Appellant

Dei Gratia© since beginning of 2014. Affiant is not related to Plaintiff/Appellant,

neither by blood nor marriage. Affiant is a computer network consultant. Affiant has

first hand knowledge of all facts stated thru examination of court records and court

judicially noticed evidence.










duty to disclose the bribes given to him by the COUNTY OF SANTA CLARA to the


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Exhibit 6Exhibit 6: : Affidavit of Truth, Wayne Springfield©, the natural living man, signed by



Judicial Significance to the case sub judice is that the Affiant Springfield© verifies that

Dei Gratia© is the Plaintiff in the trial court case Dei Gratia© v. WACHOVIA

MORTGAGE FSB (dissolved corporation, lacks corporate capacity), Case #1-10-CV-

178733, and Appellant in Appeal No. 1-14-AP-001825. Affiant Springfield© has known

Plaintiff/Appellant Dei Gratia since 2010. Affiant is not related to Plaintiff/Appellant,

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neither by blood nor marriage. Affiant is a businessman and entrepreneur, and the

creator of the Point of Sale Coupon Credit Card. Affiant has first hand knowledge of all

facts stated thru attendance at court hearings, examination of court records and court

judicially noticed evidence.





















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Exhibit 7Exhibit 7: : Affidavit of Truth, Raymon E. Tate III©, the natural living man, signed by


commissioned Notary Public with CALIFORNIA JURAT on June 07, 2015;;

Judicial Significance to the case sub judice is that the Affiant Tate© verifies that Dei



Appellant in Appeal No. 1-14-AP-001825. Affiant Tate© has known Plaintiff/Appellant

since 2010. Affiant is not related to Plaintiff/Appellant, neither by blood nor marriage.

Affiant is a General Construction Contractor licensed by the STATE OF CALIFORNIA.

Affiant has first hand knowledge of all facts stated, thru direct attendance at all court

hearings, and review of all court documents.














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Judge Vincent J. Chiarello has a fiduciary duty to track all of him conflicts, and to





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Exhibit 8Exhibit 8: : Affidavit of Truth, Matt P. Jacobsen©, the natural living man, signed by


commissioned Notary Public with CALIFORNIA JURAT on June 07, 2015;;

Judicial Significance to the case sub judice is that the Affiant Matt P. Jacobsen©

verifies that Dei Gratia© is the Plaintiff in the trial court case Dei Gratia© v.

WACHOVIA MORTGAGE FSB (dissolved corporation, lacks corporate capacity), Case

#1-10-CV-178733, and Appellant in Appeal No. 1-14-AP-001825. Affiant Matt P.

Jacobsen has known Plaintiff/Appellant since 2010. Affiant is not related to

Plaintiff/Appellant, neither by blood nor marriage. Affiant is a Telecommunications

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Contractor. Affiant has first hand knowledge of all facts stated, thru personal knowledge

of the real estate and banking industries, and review of all court documents.























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Pursuant to Federal Rules of Evidence, Rule 201, for adjudicative facts, the

evidentiary Exhibits 2, 3, 4, 5, 6, 7, 8, contain facts that under Federal Rules of

Evidence, Rule 201(b)(2) can be accurately and readily determined from sources whose

accuracy cannot be reasonably questioned. Further, the court, pursuant to Federal Rules

of Evidence, Rule 201(c)(2) must take Judicial Notice if a party requests it and the court

is supplied with the necessary information.

VERIFICATION

The signer certifies the following about this document:

(1) it is not being presented for any improper purpose, such as to harass, cause

unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or

by a nonfrivolous argument for extending, modifying, or reversing existing law or for

establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified,

will likely have evidentiary support after a reasonable opportunity for further

investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically

so identified, are reasonably based on belief or a lack of information.

I declare under penalty of perjury by the laws of the UNITED STATES, and by

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the laws of the STATE OF CALIFORNIA, that the foregoing is true and correct.

Further your Declarant, sayeth naught.

Date: June 08, 2015 By: _/s/______ Empress Aubreé Dei Gratia©_______ HI&RH Empress Aubreé Regina Dei Gratia©

(aka Rosalie Aubreé Guancione ©) Secured Party Creditor

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DECLARATION UNDER PENALTY OF PERJURYDECLARATION UNDER PENALTY OF PERJURYON BEHALF OF APPELLANTON BEHALF OF APPELLANT

I, the Appellant, Empress Aubreé Dei Gratia©, the natural living woman, and Secured

Party, declare under penalty of perjury of the Laws of the United States that: I have read

and examined the foregoing Affidavits, Exhibit 2: Affidavit of HI&RH Empress Aubreé

Regina Dei Gratia©, Exhibit 3: Affidavit of William Bullock Stewart III©, Exhibit 4:

Affidavit of Robert C. Cutright, Exhibit 5: Affidavit of Walter James Kubon, Exhibit 6:

Affidavit of Wayne Springfield©, Exhibit 7: Affidavit of Raymon E. Tate III©, Exhibit

8: Affidavit of Matt P. Jacobsen©, and I do certify that the evidentiary documents are

true and correct copies of the same documents obtained from the Affiants. The original

documents are being maintained by the undersigned, as document custodian.

All Rights Reserved UCC § 1-308

Date: June 08, 2015 By: _/s/_ Empress Aubreé Regina Dei Gratia© _ HI&RH Empress Aubreé Regina Dei Gratia©

the natural living woman and Secured Party

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EXHIBIT 2

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EXHIBIT 3

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EXHIBIT 4

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EXHIBIT 5

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EXHIBIT 6

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EXHIBIT 7

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EXHIBIT 8

blank pleading template with line numbering -- word€¦ · web viewaffidavit of truth, empress...

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