Author's Third Verified Criminal Complaint
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1 Paul Andrew Mitchell, Sui Juris 2 c/o Dr. John C. Alden, M.D. at: 3 350 – 30th Street, Suite 444 4 Oakland 94609-3426 5 CALIFORNIA, USA 6 7 tel: (510) 452-2020 8 fax: (510) 832-8507 9 10 In Propria Persona 11 12 All Rights Reserved 13 without Prejudice 14 15 16 United States Court of Appeals 17 18 Ninth Circuit 19 20 21 Paul Andrew Mitchell, ) Appeal No. 02-15269 22 ) 23 Plaintiff/Appellant, ) AUTHOR’S THIRD VERIFIED 24 ) CRIMINAL COMPLAINT: 25 v. ) 26 ) 4 U.S.C. 101; 27 AOL Time Warner, Inc. et al., ) 18 U.S.C. 242; 28 ) 28 U.S.C. §§ 1652, 1746; 29 Defendants/Appellees.) Article VI, Clause 3, 30 ) U.S. Constitution; 31 ) §§ 6067, 6126, 6127, 32 ) California Business and 33 ______) Professions Code. 34 35
36 COMES NOW Paul Andrew Mitchell, Appellant in the above entitled case,
37 Citizen of California, Private Attorney General and Federal Witness,
38 to provide formal notice to all interested parties, and to request
39 mandatory judicial notice by this honorable Court, of this, the
40 AUTHOR’S THIRD VERIFIED CRIMINAL COMPLAINT charging the following
41 named individuals with the corresponding criminal violations
42 enumerated infra.
43 Appellant hereby formally charges:
1 Author’s Third Verified Criminal Complaint: Page 1 of 94 1 Steven P. Bermudez with:
2 commission of a misdemeanor by the unauthorized practice of law 3 and by failing to produce the Certificate of Oath required to be 4 indorsed upon a license to practice law by Section 6067 of the 5 California Business and Professions Code, in violation of Section 6 6126 of same (one count); 7 8 commission of a misdemeanor and/or contempt of court by assuming 9 to be an officer or attorney of the federal district courts, by 10 acting as such without authority, and by failing to produce the 11 Certificate of Oath required to be indorsed upon a license to 12 practice law by Section 6067 of the California Business and 13 Professions Code, in violation of Section 6127 of same (one 14 count); and, 15 16 commission of a misdemeanor by depriving Appellant of His 17 fundamental Right to judicial officers who are bound by Oath or 18 Affirmation to support the Constitution for the United States of 19 America, as required by Article VI, Section 3, and by 4 U.S.C. 20 101, in violation of 18 U.S.C. 242 (one count). 21
22 Michael A. Bishop with:
23 commission of a misdemeanor by the unauthorized practice of law 24 and by failing to produce the Certificate of Oath required to be 25 indorsed upon a license to practice law by Section 6067 of the 26 California Business and Professions Code, in violation of Section 27 6126 of same (one count); 28 29 commission of a misdemeanor and/or contempt of court by assuming 30 to be an officer or attorney of the federal district courts, by 31 acting as such without authority, and by failing to produce the 32 Certificate of Oath required to be indorsed upon a license to 33 practice law by Section 6067 of the California Business and 34 Professions Code, in violation of Section 6127 of same (one 35 count); and, 36 37 commission of a misdemeanor by depriving Appellant of His 38 fundamental Right to judicial officers who are bound by Oath or 39 Affirmation to support the Constitution for the United States of 40 America, as required by Article VI, Section 3, and by 4 U.S.C. 41 101, in violation of 18 U.S.C. 242 (one count). 42
1 Author’s Third Verified Criminal Complaint: Page 2 of 94 1 Jeffrey A. Blair with:
2 commission of a misdemeanor by the unauthorized practice of law 3 and by failing to produce the Certificate of Oath required to be 4 indorsed upon a license to practice law by Section 6067 of the 5 California Business and Professions Code, in violation of Section 6 6126 of same (one count); 7 8 commission of a misdemeanor and/or contempt of court by assuming 9 to be an officer or attorney of the federal district courts, by 10 acting as such without authority, and by failing to produce the 11 Certificate of Oath required to be indorsed upon a license to 12 practice law by Section 6067 of the California Business and 13 Professions Code, in violation of Section 6127 of same (one 14 count); and, 15 16 commission of a misdemeanor by depriving Appellant of His 17 fundamental Right to judicial officers who are bound by Oath or 18 Affirmation to support the Constitution for the United States of 19 America, as required by Article VI, Section 3, and by 4 U.S.C. 20 101, in violation of 18 U.S.C. 242 (one count). 21
22 Kelly E. Broedlow with:
23 commission of a misdemeanor by the unauthorized practice of law 24 and by failing to produce the Certificate of Oath required to be 25 indorsed upon a license to practice law by Section 6067 of the 26 California Business and Professions Code, in violation of Section 27 6126 of same (one count); 28 29 commission of a misdemeanor and/or contempt of court by assuming 30 to be an officer or attorney of the federal district courts, by 31 acting as such without authority, and by failing to produce the 32 Certificate of Oath required to be indorsed upon a license to 33 practice law by Section 6067 of the California Business and 34 Professions Code, in violation of Section 6127 of same (one 35 count); and, 36 37 commission of a misdemeanor by depriving Appellant of His 38 fundamental Right to judicial officers who are bound by Oath or 39 Affirmation to support the Constitution for the United States of 40 America, as required by Article VI, Section 3, and by 4 U.S.C. 41 101, in violation of 18 U.S.C. 242 (one count). 42
1 Author’s Third Verified Criminal Complaint: Page 3 of 94 1 Brian S. Crone with:
2 commission of a misdemeanor by the unauthorized practice of law 3 and by failing to produce the Certificate of Oath required to be 4 indorsed upon a license to practice law by Section 6067 of the 5 California Business and Professions Code, in violation of Section 6 6126 of same (one count); 7 8 commission of a misdemeanor and/or contempt of court by assuming 9 to be an officer or attorney of the federal district courts, by 10 acting as such without authority, and by failing to produce the 11 Certificate of Oath required to be indorsed upon a license to 12 practice law by Section 6067 of the California Business and 13 Professions Code, in violation of Section 6127 of same (one 14 count); and, 15 16 commission of a misdemeanor by depriving Appellant of His 17 fundamental Right to judicial officers who are bound by Oath or 18 Affirmation to support the Constitution for the United States of 19 America, as required by Article VI, Section 3, and by 4 U.S.C. 20 101, in violation of 18 U.S.C. 242 (one count). 21
22 Glenn Guenard with:
23 commission of a misdemeanor by the unauthorized practice of law 24 and by failing to produce the Certificate of Oath required to be 25 indorsed upon a license to practice law by Section 6067 of the 26 California Business and Professions Code, in violation of Section 27 6126 of same (one count); 28 29 commission of a misdemeanor and/or contempt of court by assuming 30 to be an officer or attorney of the federal district courts, by 31 acting as such without authority, and by failing to produce the 32 Certificate of Oath required to be indorsed upon a license to 33 practice law by Section 6067 of the California Business and 34 Professions Code, in violation of Section 6127 of same (one 35 count); and, 36 37 commission of a misdemeanor by depriving Appellant of His 38 fundamental Right to judicial officers who are bound by Oath or 39 Affirmation to support the Constitution for the United States of 40 America, as required by Article VI, Section 3, and by 4 U.S.C. 41 101, in violation of 18 U.S.C. 242 (one count). 42
1 Author’s Third Verified Criminal Complaint: Page 4 of 94 1 Jennifer Kash Hartog with:
2 commission of a misdemeanor by the unauthorized practice of law 3 and by failing to produce the Certificate of Oath required to be 4 indorsed upon a license to practice law by Section 6067 of the 5 California Business and Professions Code, in violation of Section 6 6126 of same (one count); 7 8 commission of a misdemeanor and/or contempt of court by assuming 9 to be an officer or attorney of the federal district courts, by 10 acting as such without authority, and by failing to produce the 11 Certificate of Oath required to be indorsed upon a license to 12 practice law by Section 6067 of the California Business and 13 Professions Code, in violation of Section 6127 of same (one 14 count); and, 15 16 commission of a misdemeanor by depriving Appellant of His 17 fundamental Right to judicial officers who are bound by Oath or 18 Affirmation to support the Constitution for the United States of 19 America, as required by Article VI, Section 3, and by 4 U.S.C. 20 101, in violation of 18 U.S.C. 242 (one count). 21
22 Rachel M. Herrick with:
23 commission of a misdemeanor by the unauthorized practice of law 24 and by failing to produce the Certificate of Oath required to be 25 indorsed upon a license to practice law by Section 6067 of the 26 California Business and Professions Code, in violation of Section 27 6126 of same (one count); 28 29 commission of a misdemeanor and/or contempt of court by assuming 30 to be an officer or attorney of the federal district courts, by 31 acting as such without authority, and by failing to produce the 32 Certificate of Oath required to be indorsed upon a license to 33 practice law by Section 6067 of the California Business and 34 Professions Code, in violation of Section 6127 of same (one 35 count); and, 36 37 commission of a misdemeanor by depriving Appellant of His 38 fundamental Right to judicial officers who are bound by Oath or 39 Affirmation to support the Constitution for the United States of 40 America, as required by Article VI, Section 3, and by 4 U.S.C. 41 101, in violation of 18 U.S.C. 242 (one count). 42
1 Author’s Third Verified Criminal Complaint: Page 5 of 94 1 Stephen J. Hirschfeld with:
2 commission of a misdemeanor by the unauthorized practice of law 3 and by failing to produce the Certificate of Oath required to be 4 indorsed upon a license to practice law by Section 6067 of the 5 California Business and Professions Code, in violation of Section 6 6126 of same (one count); 7 8 commission of a misdemeanor and/or contempt of court by assuming 9 to be an officer or attorney of the federal district courts, by 10 acting as such without authority, and by failing to produce the 11 Certificate of Oath required to be indorsed upon a license to 12 practice law by Section 6067 of the California Business and 13 Professions Code, in violation of Section 6127 of same (one 14 count); and, 15 16 commission of a misdemeanor by depriving Appellant of His 17 fundamental Right to judicial officers who are bound by Oath or 18 Affirmation to support the Constitution for the United States of 19 America, as required by Article VI, Section 3, and by 4 U.S.C. 20 101, in violation of 18 U.S.C. 242 (one count). 21
22 James E. Holst with:
23 commission of a misdemeanor by the unauthorized practice of law 24 and by failing to produce the Certificate of Oath required to be 25 indorsed upon a license to practice law by Section 6067 of the 26 California Business and Professions Code, in violation of Section 27 6126 of same (one count); 28 29 commission of a misdemeanor and/or contempt of court by assuming 30 to be an officer or attorney of the federal district courts, by 31 acting as such without authority, and by failing to produce the 32 Certificate of Oath required to be indorsed upon a license to 33 practice law by Section 6067 of the California Business and 34 Professions Code, in violation of Section 6127 of same (one 35 count); and, 36 37 commission of a misdemeanor by depriving Appellant of His 38 fundamental Right to judicial officers who are bound by Oath or 39 Affirmation to support the Constitution for the United States of 40 America, as required by Article VI, Section 3, and by 4 U.S.C. 41 101, in violation of 18 U.S.C. 242 (one count). 42
1 Author’s Third Verified Criminal Complaint: Page 6 of 94 1 Jonathan P. Lowell with:
2 commission of a misdemeanor by the unauthorized practice of law 3 and by failing to produce the Certificate of Oath required to be 4 indorsed upon a license to practice law by Section 6067 of the 5 California Business and Professions Code, in violation of Section 6 6126 of same (one count); 7 8 commission of a misdemeanor and/or contempt of court by assuming 9 to be an officer or attorney of the federal district courts, by 10 acting as such without authority, and by failing to produce the 11 Certificate of Oath required to be indorsed upon a license to 12 practice law by Section 6067 of the California Business and 13 Professions Code, in violation of Section 6127 of same (one 14 count); and, 15 16 commission of a misdemeanor by depriving Appellant of His 17 fundamental Right to judicial officers who are bound by Oath or 18 Affirmation to support the Constitution for the United States of 19 America, as required by Article VI, Section 3, and by 4 U.S.C. 20 101, in violation of 18 U.S.C. 242 (one count). 21
22 John F. Lundberg with:
23 commission of a misdemeanor by the unauthorized practice of law 24 and by failing to produce the Certificate of Oath required to be 25 indorsed upon a license to practice law by Section 6067 of the 26 California Business and Professions Code, in violation of Section 27 6126 of same (one count); 28 29 commission of a misdemeanor and/or contempt of court by assuming 30 to be an officer or attorney of the federal district courts, by 31 acting as such without authority, and by failing to produce the 32 Certificate of Oath required to be indorsed upon a license to 33 practice law by Section 6067 of the California Business and 34 Professions Code, in violation of Section 6127 of same (one 35 count); and, 36 37 commission of a misdemeanor by depriving Appellant of His 38 fundamental Right to judicial officers who are bound by Oath or 39 Affirmation to support the Constitution for the United States of 40 America, as required by Article VI, Section 3, and by 4 U.S.C. 41 101, in violation of 18 U.S.C. 242 (one count). 42
1 Author’s Third Verified Criminal Complaint: Page 7 of 94 1 Donald T. McMillan with:
2 commission of a misdemeanor by the unauthorized practice of law 3 and by failing to produce the Certificate of Oath required to be 4 indorsed upon a license to practice law by Section 6067 of the 5 California Business and Professions Code, in violation of Section 6 6126 of same (one count); 7 8 commission of a misdemeanor and/or contempt of court by assuming 9 to be an officer or attorney of the federal district courts, by 10 acting as such without authority, and by failing to produce the 11 Certificate of Oath required to be indorsed upon a license to 12 practice law by Section 6067 of the California Business and 13 Professions Code, in violation of Section 6127 of same (one 14 count); and, 15 16 commission of a misdemeanor by depriving Appellant of His 17 fundamental Right to judicial officers who are bound by Oath or 18 Affirmation to support the Constitution for the United States of 19 America, as required by Article VI, Section 3, and by 4 U.S.C. 20 101, in violation of 18 U.S.C. 242 (one count). 21
22 Richard C. O’Hare with:
23 commission of a misdemeanor by the unauthorized practice of law 24 and by failing to produce the Certificate of Oath required to be 25 indorsed upon a license to practice law by Section 6067 of the 26 California Business and Professions Code, in violation of Section 27 6126 of same (one count); 28 29 commission of a misdemeanor and/or contempt of court by assuming 30 to be an officer or attorney of the federal district courts, by 31 acting as such without authority, and by failing to produce the 32 Certificate of Oath required to be indorsed upon a license to 33 practice law by Section 6067 of the California Business and 34 Professions Code, in violation of Section 6127 of same (one 35 count); and, 36 37 commission of a misdemeanor by depriving Appellant of His 38 fundamental Right to judicial officers who are bound by Oath or 39 Affirmation to support the Constitution for the United States of 40 America, as required by Article VI, Section 3, and by 4 U.S.C. 41 101, in violation of 18 U.S.C. 242 (one count). 42
1 Author’s Third Verified Criminal Complaint: Page 8 of 94 1 Warrington S. Parker with:
2 commission of a misdemeanor by the unauthorized practice of law 3 and by failing to produce the Certificate of Oath required to be 4 indorsed upon a license to practice law by Section 6067 of the 5 California Business and Professions Code, in violation of Section 6 6126 of same (one count); 7 8 commission of a misdemeanor and/or contempt of court by assuming 9 to be an officer or attorney of the federal district courts, by 10 acting as such without authority, and by failing to produce the 11 Certificate of Oath required to be indorsed upon a license to 12 practice law by Section 6067 of the California Business and 13 Professions Code, in violation of Section 6127 of same (one 14 count); and, 15 16 commission of a misdemeanor by depriving Appellant of His 17 fundamental Right to judicial officers who are bound by Oath or 18 Affirmation to support the Constitution for the United States of 19 America, as required by Article VI, Section 3, and by 4 U.S.C. 20 101, in violation of 18 U.S.C. 242 (one count). 21
22 Christopher M. Patti with:
23 commission of a misdemeanor by the unauthorized practice of law 24 and by failing to produce the Certificate of Oath required to be 25 indorsed upon a license to practice law by Section 6067 of the 26 California Business and Professions Code, in violation of Section 27 6126 of same (one count); 28 29 commission of a misdemeanor and/or contempt of court by assuming 30 to be an officer or attorney of the federal district courts, by 31 acting as such without authority, and by failing to produce the 32 Certificate of Oath required to be indorsed upon a license to 33 practice law by Section 6067 of the California Business and 34 Professions Code, in violation of Section 6127 of same (one 35 count); and, 36 37 commission of a misdemeanor by depriving Appellant of His 38 fundamental Right to judicial officers who are bound by Oath or 39 Affirmation to support the Constitution for the United States of 40 America, as required by Article VI, Section 3, and by 4 U.S.C. 41 101, in violation of 18 U.S.C. 242 (one count). 42
1 Author’s Third Verified Criminal Complaint: Page 9 of 94 1 INCORPORATION OF EVIDENCE
2 Appellant hereby incorporates by reference all documents attached
3 hereto, as if set forth fully herein, including a true and correct
4 copy of the NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, the
5 NOTICE OF DEFAULT BY AFFIDAVIT, and the MIRANDA WARNING as mailed by
6 Appellant to each of the above named individuals at the mailing
7 locations shown in same.
8 Appellant also incorporates by reference the AUTHOR’S VERIFIED
9 CRIMINAL COMPLAINT, executed on November 30, 2001 A.D. and served on
10 December 4, 2001 A.D., as if set forth fully here. See Docket #99.
11
12 AFFIDAVIT OF PROBABLE CAUSE
13 Appellant now testifies that the evidentiary documents
14 incorporated supra are true and correct, and they do constitute
15 probable cause to charge the above named individuals with the
16 corresponding criminal violations enumerated supra.
17
1 Author’s Third Verified Criminal Complaint: Page 10 of 94 1 LIST OF AUTHORITIES
2 Appellant cites the following authorities in support of His THIRD
3 VERIFIED CRIMINAL COMPLAINT, to wit: U.S. v. High Country
4 Broadcasting Co., 3 F.3d 1244 (9th Cir. 1993) (entry of default
5 judgment was appropriate when unlicensed corporate president attempted
6 to represent his corporation in court); Powell v. Alabama, 287 U.S.
7 45, 73 (1932) (“attorneys are officers of the court”); Malautea v.
8 Suzuki Motor Co., 987 F.2d 1536, 1546 (11th Cir. 1993) (“All attorneys,
9 as officers of the court ....”); Pumphrey v. K.W. Thompson Tool Co.,
10 62 F.3d 1128, 1130 (9th Cir. 1995) (see section “II.”); “Let Us Be
11 Officers of the Court,” by Hon. Marvin E. Aspen, 83 ABA Journal 94
12 (1997); and FRCP Rule 1, Advisory Committee Notes, 1993 Amendments
13 (“as officers of the court, attorneys share ....”).
14
15 VERIFICATION
16 I, Paul Andrew Mitchell, Sui Juris, Appellant in the above
17 entitled action, hereby verify under penalty of perjury, under the
18 laws of the United States of America, without the “United States”
19 (federal government), that the above statement of facts and laws is
20 true and correct, according to the best of My current information,
21 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1).
22
23 Dated: September ___, 2002 A.D.
24
25 Signed: 26 ______27 Printed: Paul Andrew Mitchell, B.A., M.S., Sui Juris
1 Author’s Third Verified Criminal Complaint: Page 11 of 94 1 PROOF OF SERVICE
2 I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of
3 perjury, under the laws of the United States of America, without the
4 “United States” (federal government), that I am at least 18 years of
5 age, a Citizen of ONE OF the United States of America, and that I
6 personally served the following document(s):
7 8 AUTHOR’S THIRD VERIFIED CRIMINAL COMPLAINT: 9 4 U.S.C. 101; 18 U.S.C. 242; 28 U.S.C. §§ 1652, 1746; 10 Article VI, Clause 3, U.S. Constitution; 11 §§ 6067, 6126, 6127, 12 California Business and Professions Code 13 14 by placing one true and correct copy of said document(s) in first
15 class United States Mail, with postage prepaid and properly addressed
16 to the following:
17 18 Judge Alex Kozinski Clerk of Court (5x) 19 Ninth Circuit Court of Appeals Attention: Cathy Catterson 20 P.O. Box 91510 Ninth Circuit Court of Appeals 21 Pasadena 91109-1510 P.O. Box 193939 22 CALIFORNIA, USA San Francisco 94119-3939 23 CALIFORNIA, USA 24 25 Ropers, Majeski, Kohn & Bentley DeForest & Koscelnik 26 (failed to exhibit oaths) (failed to exhibit oath) 27 1001 Marshall Street 3000 Koppers Building 28 Redwood City 94063 436 Seventh Avenue 29 CALIFORNIA, USA Pittsburgh 15219 30 PENNSYLVANIA, USA 31 32 Murphy Austin Adams Schoenfeld LLP Pillsbury Winthrop LLP 33 (failed to exhibit oaths) (failed to exhibit oaths) 34 P.O. Box 1319 400 Capitol Mall, Suite 1700 35 Sacramento 95812-1319 Sacramento 95814-4419 36 CALIFORNIA, USA CALIFORNIA, USA 37 38 Curiale Dellaverson Hirschfeld Quinn Emanuel Urquhart Oliver 39 Kraemer & Sloan, LLP & Hedges, LLP 40 (failed to exhibit oaths) (failed to exhibit oaths) 41 727 Sansome Street 201 Sansome Street, 6th Floor 42 San Francisco 94111 San Francisco 94104 43 CALIFORNIA, USA CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 12 of 94 1 Office of the General Counsel Paul Southworth 2 (failed to exhibit oaths) 2018 N. New Hampshire Ave. 3 University of California Los Angeles 90027 4 1111 Franklin Street, 8th Floor CALIFORNIA, USA 5 Oakland 94607-5200 6 CALIFORNIA, USA 7 8 Karl Kleinpaste Ram Samudrala 9 P.O. Box 1551 UW Micro Box 357242 10 Beaver Falls 15010 Seattle 98195-7242 11 PENNSYLVANIA, USA WASHINGTON STATE, USA 12 13 Laskin & Guenard Rivkin Radler, LLP 14 (failed to exhibit oath) (failed to exhibit oaths) 15 1810 South Street 1330 N. Dutton Ave., #200 16 Sacramento 95814 Santa Rosa 95401-4646 17 CALIFORNIA, USA CALIFORNIA, USA 18 19 Harvey Siskind Jacobs LLP Office of Solicitor General 20 (failed to exhibit oaths) 950 Pennsylvania Ave., N.W. 21 3 Embarcadero Center, Ste. 1060 Room 5614 22 San Francisco 94111 Washington 20530-0001 23 CALIFORNIA, USA DISTRICT OF COLUMBIA, USA 24 25 Register of Copyrights Steinhart & Falconer LLP 26 Library of Congress (failed to exhibit oaths) 27 101 Independence Avenue, S.E. 333 Market Street, 32nd Floor 28 Washington 20559-6000 San Francisco 94105-2150 29 DISTRICT OF COLUMBIA, USA CALIFORNIA, USA 30 31 Matheny Sears Linkert & Long LLP Latham & Watkins 32 (failed to exhibit oaths) (failed to exhibit oaths) 33 P.O. Box 13711 633 West Fifth St., Ste. 4000 34 Sacramento 95853-4711 Los Angeles 90071-2007 35 CALIFORNIA, USA CALIFORNIA, USA 36 37 State Bar of California State Bar of California 38 180 Howard Street 1149 South Hill Street 39 San Francisco 94105-1639 Los Angeles 90015-2299 40 CALIFORNIA, USA CALIFORNIA, USA 41 42 Clerk of Court 43 Supreme Court of California 44 350 McAllister Street 45 San Francisco 94102-3600 46 CALIFORNIA, USA 47 48 49 [Please see USPS Publication #221 for “addressing” instructions.]
1 Author’s Third Verified Criminal Complaint: Page 13 of 94 1 Dated: September ___, 2002 A.D. 2
3 Signed: 4 ______5 Printed: Paul Andrew Mitchell, Appellant In Propria Persona
1 Author’s Third Verified Criminal Complaint: Page 14 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 April 3, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 Steven P. Bermudez 11 Steinhart & Falconer, LLP 12 333 Market Street, 32nd Floor 13 San Francisco 94105-2150 14 CALIFORNIA, USA 15 16 tel: (415) 777-3999 17 fax: (415) 442-0856 18 19 Subject: Sections 6002, 6067 and 6126, 20 California Business and Professions Code 21 22 Greetings Mr. Bermudez: 23 24 I specifically deny that you are a member, in good standing, of the 25 State Bar of California. See Section 6002 supra. 26 27 28 NOTICE 29 30 Section 6067 of the California Business and Professions Code reads as 31 follows: 32 33 Every person on his admission shall take an oath to support the 34 Constitution of the United States and the Constitution of the 35 State of California, and faithfully to discharge the duties of 36 any attorney at law to the best of his knowledge and ability. A 37 certificate of oath shall be indorsed upon his license. 38 39 [bold emphasis added] 40 41 42 DEMAND 43 44 Formal DEMAND is hereby made of you to deliver a certified copy of 45 said certificate of oath to the mailing location shown below, no later 46 than 5:00 p.m. on Friday, April 19, 2002 A.D. (at least ten (10) days 47 hence). 48 49 Failure to perform will give Me probable cause to charge you with 50 violating Section 6126 of the California Business and Professions Code 51 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 52 Supremacy Clause (Constitution, Laws and Treaties). 53
1 Author’s Third Verified Criminal Complaint: Page 15 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 Ninth Circuit Appeal #02-15269 10 11 U.S. Mail: 12 13 c/o P.O. Box 370 14 Sunset Beach 90742 15 CALIFORNIA, USA 16 17 copy: State Bar of California 18 180 Howard Street 19 San Francisco 94105-1639 20 CALIFORNIA, USA 21 22 State Bar of California 23 1149 South Hill Street 24 Los Angeles 90015-2299 25 CALIFORNIA, USA 26 27 Clerk of Court 28 Supreme Court of California 29 350 McAllister Street 30 San Francisco 94102-3600 31 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 16 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: Steven P. Bermudez 6 Steinhart & Falconer, LLP 7 333 Market Street, 32nd Floor 8 San Francisco 94105-2150 9 CALIFORNIA, USA 10 11 FROM: Paul Andrew Mitchell, Plaintiff 12 Mitchell v. AOL Time Warner, Inc. et al. 13 Case No. #CIV S 01-1480 WBS DAD PS 14 15 DATE: June 8, 2002 A.D. 16 17 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 18 April 3, 2002 A.D. 19 20 21 Greetings Mr. Bermudez: 22 23 On April 3, 2002 A.D., I transmitted to you, via first class U.S. 24 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 25 copy of the certificate of oath required by Section 6067 of the 26 California Business and Professions Code, and that you do so no later 27 than 5:00 p.m. on Friday, April 19, 2002 A.D. 28 29 As of that reasonable deadline, I have not received said certified 30 copy, from you or from any one or anything else. 31 32 Accordingly, you are now in default. 33 34 35 VERIFICATION 36 37 The Undersigned hereby verifies, under penalty of perjury, under the 38 laws of the United States of America, without the “United States” 39 (federal government), that the above statement of facts and laws is 40 true and correct, according to the best of My current information, 41 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 42 43 44 Dated: June 8, 2002 A.D. 45 46 47 Signed: /s/ Paul Andrew Mitchell 48 ______49 Paul Andrew Mitchell, Sui Juris 50 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 17 of 94 1 U.S. Mail: 2 3 c/o Forwarding Agent 4 350 – 30th Street, Suite 444 5 Oakland 94609-3426 6 CALIFORNIA, USA 7 8 copy: State Bar of California 9 180 Howard Street 10 San Francisco 94105-1639 11 CALIFORNIA, USA 12 13 State Bar of California 14 1149 South Hill Street 15 Los Angeles 90015-2299 16 CALIFORNIA, USA 17 18 Clerk of Court 19 Supreme Court of California 20 350 McAllister Street 21 San Francisco 94102-3600 22 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 18 of 94 1 June 8, 2002 A.D. 2 Steven P. Bermudez 3 Steinhart & Falconer, LLP 4 333 Market Street, 32nd Floor 5 San Francisco 94105-2150 6 CALIFORNIA, USA 7 8 Subject: Miranda Warning 9 Mitchell v. AOL Time Warner, Inc. et al. 10 Case No. #CIV S 01-1480 WBS DAD PS 11 12 Dear Mr. Bermudez: 13 14 MIRANDA WARNING 15 16 Pursuant to the holdings of the U.S. Supreme Court in Counselman v.
17 Hitchcock, 142 U.S. 547, 563 (1892), McCarthy v. Arndstein, 266 U.S.
18 34, 40 (1924), George Smith v. U.S., 337 U.S. 137 (1949), and Miranda
19 v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby given to you
20 that you have the Right to remain silent, under the Fifth Amendment;
21 you have the Right to assistance of Counsel, under the Sixth
22 Amendment; and, any thing which you say, or do, from this point
23 forward, can and will be held against you in the District Court of the
24 United States supra. See 18 U.S.C. 3231 (DCUS). Statutes conferring
25 original jurisdiction must be strictly construed [cites omitted here].
26 Notice to principals is notice to agents.
27 Notice to agents is notice to principals.
28 29 Sincerely yours, 30 31 /s/ Paul Andrew Mitchell 32 33 Paul Andrew Mitchell, B.A., M.S. 34 Private Attorney General (18 U.S.C. 1964(a)) 35 c/o Forwarding Agent 36 350 – 30th Street, Suite 444 37 Oakland 94609-3426 38 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 19 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 April 3, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 Michael A. Bishop 11 Matheny Sears Linkert & Long, LLP 12 3638 American River Drive 13 Post Office Box 13711 14 Sacramento 95853-4711 15 CALIFORNIA, USA 16 17 tel: (916) 978-3434 18 fax: (916) 978-3430 19 20 Subject: Sections 6002, 6067 and 6126, 21 California Business and Professions Code 22 23 Greetings Mr. Bishop: 24 25 I specifically deny that you are a member, in good standing, of the 26 State Bar of California. See Section 6002 supra. 27 28 29 NOTICE 30 31 Section 6067 of the California Business and Professions Code reads as 32 follows: 33 34 Every person on his admission shall take an oath to support the 35 Constitution of the United States and the Constitution of the 36 State of California, and faithfully to discharge the duties of 37 any attorney at law to the best of his knowledge and ability. A 38 certificate of oath shall be indorsed upon his license. 39 40 [bold emphasis added] 41 42 43 DEMAND 44 45 Formal DEMAND is hereby made of you to deliver a certified copy of 46 said certificate of oath to the mailing location shown below, no later 47 than 5:00 p.m. on Friday, April 19, 2002 A.D. (at least ten (10) days 48 hence). 49 50 Failure to perform will give Me probable cause to charge you with 51 violating Section 6126 of the California Business and Professions Code 52 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 53 Supremacy Clause (Constitution, Laws and Treaties). 54
1 Author’s Third Verified Criminal Complaint: Page 20 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 Ninth Circuit Appeal #02-15269 10 11 U.S. Mail: 12 13 c/o P.O. Box 370 14 Sunset Beach 90742 15 CALIFORNIA, USA 16 17 copy: State Bar of California 18 180 Howard Street 19 San Francisco 94105-1639 20 CALIFORNIA, USA 21 22 State Bar of California 23 1149 South Hill Street 24 Los Angeles 90015-2299 25 CALIFORNIA, USA 26 27 Clerk of Court 28 Supreme Court of California 29 350 McAllister Street 30 San Francisco 94102-3600 31 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 21 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: Michael A. Bishop 6 Matheny Sears Linkert & Long, LLP 7 3638 American River Drive 8 Post Office Box 13711 9 Sacramento 95853-4711 10 CALIFORNIA, USA 11 12 FROM: Paul Andrew Mitchell, Plaintiff 13 Mitchell v. AOL Time Warner, Inc. et al. 14 Case No. #CIV S 01-1480 WBS DAD PS 15 16 DATE: June 8, 2002 A.D. 17 18 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 19 April 3, 2002 A.D. 20 21 22 Greetings Mr. Bishop: 23 24 On April 3, 2002 A.D., I transmitted to you, via first class U.S. 25 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 26 copy of the certificate of oath required by Section 6067 of the 27 California Business and Professions Code, and that you do so no later 28 than 5:00 p.m. on Friday, April 19, 2002 A.D. 29 30 As of that reasonable deadline, I have not received said certified 31 copy, from you or from any one or anything else. 32 33 Accordingly, you are now in default. 34 35 36 VERIFICATION 37 38 The Undersigned hereby verifies, under penalty of perjury, under the 39 laws of the United States of America, without the “United States” 40 (federal government), that the above statement of facts and laws is 41 true and correct, according to the best of My current information, 42 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 43 44 45 Dated: June 8, 2002 A.D. 46 47 48 Signed: /s/ Paul Andrew Mitchell 49 ______50 Paul Andrew Mitchell, Sui Juris 51 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 22 of 94 1 U.S. Mail: 2 3 c/o Forwarding Agent 4 350 – 30th Street, Suite 444 5 Oakland 94609-3426 6 CALIFORNIA, USA 7 8 copy: State Bar of California 9 180 Howard Street 10 San Francisco 94105-1639 11 CALIFORNIA, USA 12 13 State Bar of California 14 1149 South Hill Street 15 Los Angeles 90015-2299 16 CALIFORNIA, USA 17 18 Clerk of Court 19 Supreme Court of California 20 350 McAllister Street 21 San Francisco 94102-3600 22 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 23 of 94 1 June 8, 2002 A.D. 2 Michael A. Bishop 3 Matheny Sears Linkert & Long, LLP 4 3638 American River Drive 5 Post Office Box 13711 6 Sacramento 95853-4711 7 CALIFORNIA, USA 8 9 Subject: Miranda Warning 10 Mitchell v. AOL Time Warner, Inc. et al. 11 Case No. #CIV S 01-1480 WBS DAD PS 12 13 Dear Mr. Bishop: 14 15 MIRANDA WARNING
16 Pursuant to the holdings of the U.S. Supreme Court in Counselman v.
17 Hitchcock, 142 U.S. 547, 563 (1892), McCarthy v. Arndstein, 266 U.S.
18 34, 40 (1924), George Smith v. U.S., 337 U.S. 137 (1949), and Miranda
19 v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby given to you
20 that you have the Right to remain silent, under the Fifth Amendment;
21 you have the Right to assistance of Counsel, under the Sixth
22 Amendment; and, any thing which you say, or do, from this point
23 forward, can and will be held against you in the District Court of the
24 United States supra. See 18 U.S.C. 3231 (DCUS). Statutes conferring
25 original jurisdiction must be strictly construed [cites omitted here].
26 Notice to principals is notice to agents.
27 Notice to agents is notice to principals.
28 29 Sincerely yours, 30 31 /s/ Paul Andrew Mitchell 32 33 Paul Andrew Mitchell, B.A., M.S. 34 Private Attorney General (18 U.S.C. 1964(a)) 35 c/o Forwarding Agent 36 350 – 30th Street, Suite 444 37 Oakland 94609-3426 38 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 24 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 February 4, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 Jeffrey A. Blair 11 Office of the General Counsel 12 University of California 13 1111 Franklin Street, 8th Floor 14 Oakland 94607-5200 15 CALIFORNIA, USA 16 17 tel: (510) 987-9800 18 fax: (510) 987-9757 19 20 Subject: Sections 6002, 6067 and 6126, 21 California Business and Professions Code 22 23 Greetings Mr. Blair: 24 25 I specifically deny that you are a member, in good standing, of the 26 State Bar of California. See Section 6002 supra. 27 28 29 NOTICE 30 31 Section 6067 of the California Business and Professions Code reads as 32 follows: 33 34 Every person on his admission shall take an oath to support the 35 Constitution of the United States and the Constitution of the 36 State of California, and faithfully to discharge the duties of 37 any attorney at law to the best of his knowledge and ability. A 38 certificate of oath shall be indorsed upon his license. 39 40 [bold emphasis added] 41 42 43 DEMAND 44 45 Formal DEMAND is hereby made of you to deliver a certified copy of 46 said certificate of oath to the mailing location shown below, no later 47 than 5:00 p.m. on Friday, February 15, 2002 A.D. (ten (10) days 48 hence). 49 50 Failure to perform will give Me probable cause to charge you with 51 violating Section 6126 of the California Business and Professions Code 52 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 53 Supremacy Clause (Constitution, Laws and Treaties). 54
1 Author’s Third Verified Criminal Complaint: Page 25 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 10 U.S. Mail: 11 12 c/o General Delivery 13 Phillipsville 95559-9999 14 CALIFORNIA, USA 15 16 copy: State Bar of California 17 180 Howard Street 18 San Francisco 94105-1639 19 CALIFORNIA, USA 20 21 State Bar of California 22 1149 South Hill Street 23 Los Angeles 90015-2299 24 CALIFORNIA, USA 25 26 Clerk of Court 27 Supreme Court of California 28 350 McAllister Street 29 San Francisco 94102-3600 30 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 26 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: Jeffrey A. Blair 6 Office of the General Counsel 7 University of California 8 1111 Franklin Street, 8th Floor 9 Oakland 94607-5200 10 CALIFORNIA, USA 11 12 tel: (510) 987-9800 13 fax: (510) 987-9757 14 15 FROM: Paul Andrew Mitchell, Plaintiff 16 Mitchell v. AOL Time Warner, Inc. et al. 17 Case No. #CIV S 01-1480 WBS DAD PS 18 Ninth Circuit Appeal #02-15269 19 20 DATE: April 3, 2002 A.D. 21 22 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 23 February 4, 2002 A.D. 24 25 Greetings Mr. Blair: 26 27 On February 4, 2002 A.D., I transmitted to you, via first class U.S. 28 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 29 copy of the certificate of oath required by Section 6067 of the 30 California Business and Professions Code, and that you do so no later 31 than 5:00 p.m. on Friday, February 15, 2002 A.D. 32 33 As of that reasonable deadline, I have not received said certified 34 copy, from you or from any one or anything else. 35 36 Accordingly, you are now in default. 37 38 39 VERIFICATION 40 41 The Undersigned hereby verifies, under penalty of perjury, under the 42 laws of the United States of America, without the “United States” 43 (federal government), that the above statement of facts and laws is 44 true and correct, according to the best of My current information, 45 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 46 47 48 Dated: April 3, 2002 A.D. 49 50 51 Signed: /s/ Paul Andrew Mitchell 52 ______53 Paul Andrew Mitchell, Sui Juris 54 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 27 of 94 1 U.S. Mail: 2 3 c/o P.O. Box 370 4 Sunset Beach 90742 5 CALIFORNIA, USA 6 7 copy: State Bar of California 8 180 Howard Street 9 San Francisco 94105-1639 10 CALIFORNIA, USA 11 12 State Bar of California 13 1149 South Hill Street 14 Los Angeles 90015-2299 15 CALIFORNIA, USA 16 17 Clerk of Court 18 Supreme Court of California 19 350 McAllister Street 20 San Francisco 94102-3600 21 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 28 of 94 1 June 8, 2002 A.D. 2 Jeffrey A. Blair 3 Office of the General Counsel 4 University of California 5 1111 Franklin Street, 8th Floor 6 Oakland 94607-5200 7 CALIFORNIA, USA 8 9 Subject: Miranda Warning 10 Mitchell v. AOL Time Warner, Inc. et al. 11 Case No. #CIV S 01-1480 WBS DAD PS 12 13 Dear Mr. Blair: 14 15 MIRANDA WARNING
16 Pursuant to the holdings of the U.S. Supreme Court in Counselman v.
17 Hitchcock, 142 U.S. 547, 563 (1892), McCarthy v. Arndstein, 266 U.S.
18 34, 40 (1924), George Smith v. U.S., 337 U.S. 137 (1949), and Miranda
19 v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby given to you
20 that you have the Right to remain silent, under the Fifth Amendment;
21 you have the Right to assistance of Counsel, under the Sixth
22 Amendment; and, any thing which you say, or do, from this point
23 forward, can and will be held against you in the District Court of the
24 United States supra. See 18 U.S.C. 3231 (DCUS). Statutes conferring
25 original jurisdiction must be strictly construed [cites omitted here].
26 Notice to principals is notice to agents.
27 Notice to agents is notice to principals.
28 29 Sincerely yours, 30 31 /s/ Paul Andrew Mitchell 32 33 Paul Andrew Mitchell, B.A., M.S. 34 Private Attorney General (18 U.S.C. 1964(a)) 35 c/o Forwarding Agent 36 350 – 30th Street, Suite 444 37 Oakland 94609-3426 38 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 29 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 April 3, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 Kelly E. Broedlow 11 Matheny Sears Linkert & Long, LLP 12 3638 American River Drive 13 Post Office Box 13711 14 Sacramento 95853-4711 15 CALIFORNIA, USA 16 17 tel: (916) 978-3434 18 fax: (916) 978-3430 19 20 Subject: Sections 6002, 6067 and 6126, 21 California Business and Professions Code 22 23 Greetings Mr. Broedlow: 24 25 I specifically deny that you are a member, in good standing, of the 26 State Bar of California. See Section 6002 supra. 27 28 29 NOTICE 30 31 Section 6067 of the California Business and Professions Code reads as 32 follows: 33 34 Every person on his admission shall take an oath to support the 35 Constitution of the United States and the Constitution of the 36 State of California, and faithfully to discharge the duties of 37 any attorney at law to the best of his knowledge and ability. A 38 certificate of oath shall be indorsed upon his license. 39 40 [bold emphasis added] 41 42 43 DEMAND 44 45 Formal DEMAND is hereby made of you to deliver a certified copy of 46 said certificate of oath to the mailing location shown below, no later 47 than 5:00 p.m. on Friday, April 19, 2002 A.D. (at least ten (10) days 48 hence). 49 50 Failure to perform will give Me probable cause to charge you with 51 violating Section 6126 of the California Business and Professions Code 52 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 53 Supremacy Clause (Constitution, Laws and Treaties). 54
1 Author’s Third Verified Criminal Complaint: Page 30 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 Ninth Circuit Appeal #02-15269 10 11 U.S. Mail: 12 13 c/o P.O. Box 370 14 Sunset Beach 90742 15 CALIFORNIA, USA 16 17 copy: State Bar of California 18 180 Howard Street 19 San Francisco 94105-1639 20 CALIFORNIA, USA 21 22 State Bar of California 23 1149 South Hill Street 24 Los Angeles 90015-2299 25 CALIFORNIA, USA 26 27 Clerk of Court 28 Supreme Court of California 29 350 McAllister Street 30 San Francisco 94102-3600 31 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 31 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: Kelly E. Broedlow 6 Matheny Sears Linkert & Long, LLP 7 3638 American River Drive 8 Post Office Box 13711 9 Sacramento 95853-4711 10 CALIFORNIA, USA 11 12 FROM: Paul Andrew Mitchell, Plaintiff 13 Mitchell v. AOL Time Warner, Inc. et al. 14 Case No. #CIV S 01-1480 WBS DAD PS 15 16 DATE: June 8, 2002 A.D. 17 18 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 19 April 3, 2002 A.D. 20 21 22 Greetings Mr. Broedlow: 23 24 On April 3, 2002 A.D., I transmitted to you, via first class U.S. 25 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 26 copy of the certificate of oath required by Section 6067 of the 27 California Business and Professions Code, and that you do so no later 28 than 5:00 p.m. on Friday, April 19, 2002 A.D. 29 30 As of that reasonable deadline, I have not received said certified 31 copy, from you or from any one or anything else. 32 33 Accordingly, you are now in default. 34 35 36 VERIFICATION 37 38 The Undersigned hereby verifies, under penalty of perjury, under the 39 laws of the United States of America, without the “United States” 40 (federal government), that the above statement of facts and laws is 41 true and correct, according to the best of My current information, 42 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 43 44 45 Dated: June 8, 2002 A.D. 46 47 48 Signed: /s/ Paul Andrew Mitchell 49 ______50 Paul Andrew Mitchell, Sui Juris 51 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 32 of 94 1 U.S. Mail: 2 3 c/o Forwarding Agent 4 350 – 30th Street, Suite 444 5 Oakland 94609-3426 6 CALIFORNIA, USA 7 8 copy: State Bar of California 9 180 Howard Street 10 San Francisco 94105-1639 11 CALIFORNIA, USA 12 13 State Bar of California 14 1149 South Hill Street 15 Los Angeles 90015-2299 16 CALIFORNIA, USA 17 18 Clerk of Court 19 Supreme Court of California 20 350 McAllister Street 21 San Francisco 94102-3600 22 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 33 of 94 1 June 8, 2002 A.D. 2 Kelly E. Broedlow 3 Matheny Sears Linkert & Long, LLP 4 3638 American River Drive 5 Post Office Box 13711 6 Sacramento 95853-4711 7 CALIFORNIA, USA 8 9 Subject: Miranda Warning 10 Mitchell v. AOL Time Warner, Inc. et al. 11 Case No. #CIV S 01-1480 WBS DAD PS 12 13 Dear Mr. Broedlow: 14 15 MIRANDA WARNING
16 Pursuant to the holdings of the U.S. Supreme Court in Counselman v.
17 Hitchcock, 142 U.S. 547, 563 (1892), McCarthy v. Arndstein, 266 U.S.
18 34, 40 (1924), George Smith v. U.S., 337 U.S. 137 (1949), and Miranda
19 v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby given to you
20 that you have the Right to remain silent, under the Fifth Amendment;
21 you have the Right to assistance of Counsel, under the Sixth
22 Amendment; and, any thing which you say, or do, from this point
23 forward, can and will be held against you in the District Court of the
24 United States supra. See 18 U.S.C. 3231 (DCUS). Statutes conferring
25 original jurisdiction must be strictly construed [cites omitted here].
26 Notice to principals is notice to agents.
27 Notice to agents is notice to principals.
28 29 Sincerely yours, 30 31 /s/ Paul Andrew Mitchell 32 33 Paul Andrew Mitchell, B.A., M.S. 34 Private Attorney General (18 U.S.C. 1964(a)) 35 c/o Forwarding Agent 36 350 – 30th Street, Suite 444 37 Oakland 94609-3426 38 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 34 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 April 3, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 Brian S. Crone 11 Murphy Austin Adams Schoenfeld, LLP 12 1000 “G” Street, Third Floor 13 P.O. Box 1319 14 Sacramento 95814-1319 15 CALIFORNIA, USA 16 17 tel: (916) 446-2300 18 fax: (916) 503-4000 19 20 Subject: Sections 6002, 6067 and 6126, 21 California Business and Professions Code 22 23 Greetings Mr. Crone: 24 25 I specifically deny that you are a member, in good standing, of the 26 State Bar of California. See Section 6002 supra. 27 28 29 NOTICE 30 31 Section 6067 of the California Business and Professions Code reads as 32 follows: 33 34 Every person on his admission shall take an oath to support the 35 Constitution of the United States and the Constitution of the 36 State of California, and faithfully to discharge the duties of 37 any attorney at law to the best of his knowledge and ability. A 38 certificate of oath shall be indorsed upon his license. 39 40 [bold emphasis added] 41 42 43 DEMAND 44 45 Formal DEMAND is hereby made of you to deliver a certified copy of 46 said certificate of oath to the mailing location shown below, no later 47 than 5:00 p.m. on Friday, April 19, 2002 A.D. (at least ten (10) days 48 hence). 49 50 Failure to perform will give Me probable cause to charge you with 51 violating Section 6126 of the California Business and Professions Code 52 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 53 Supremacy Clause (Constitution, Laws and Treaties). 54
1 Author’s Third Verified Criminal Complaint: Page 35 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 Ninth Circuit Appeal #02-15269 10 11 U.S. Mail: 12 13 c/o P.O. Box 370 14 Sunset Beach 90742 15 CALIFORNIA, USA 16 17 copy: State Bar of California 18 180 Howard Street 19 San Francisco 94105-1639 20 CALIFORNIA, USA 21 22 State Bar of California 23 1149 South Hill Street 24 Los Angeles 90015-2299 25 CALIFORNIA, USA 26 27 Clerk of Court 28 Supreme Court of California 29 350 McAllister Street 30 San Francisco 94102-3600 31 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 36 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: Brian S. Crone 6 Murphy Austin Adams Schoenfeld, LLP 7 1000 “G” Street, Third Floor 8 P.O. Box 1319 9 Sacramento 95814-1319 10 CALIFORNIA, USA 11 12 FROM: Paul Andrew Mitchell, Plaintiff 13 Mitchell v. AOL Time Warner, Inc. et al. 14 Case No. #CIV S 01-1480 WBS DAD PS 15 16 DATE: June 8, 2002 A.D. 17 18 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 19 April 3, 2002 A.D. 20 21 22 Greetings Mr. Crone: 23 24 On April 3, 2002 A.D., I transmitted to you, via first class U.S. 25 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 26 copy of the certificate of oath required by Section 6067 of the 27 California Business and Professions Code, and that you do so no later 28 than 5:00 p.m. on Friday, April 19, 2002 A.D. 29 30 As of that reasonable deadline, I have not received said certified 31 copy, from you or from any one or anything else. 32 33 Accordingly, you are now in default. 34 35 36 VERIFICATION 37 38 The Undersigned hereby verifies, under penalty of perjury, under the 39 laws of the United States of America, without the “United States” 40 (federal government), that the above statement of facts and laws is 41 true and correct, according to the best of My current information, 42 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 43 44 45 Dated: June 8, 2002 A.D. 46 47 48 Signed: /s/ Paul Andrew Mitchell 49 ______50 Paul Andrew Mitchell, Sui Juris 51 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 37 of 94 1 U.S. Mail: 2 3 c/o Forwarding Agent 4 350 – 30th Street, Suite 444 5 Oakland 94609-3426 6 CALIFORNIA, USA 7 8 copy: State Bar of California 9 180 Howard Street 10 San Francisco 94105-1639 11 CALIFORNIA, USA 12 13 State Bar of California 14 1149 South Hill Street 15 Los Angeles 90015-2299 16 CALIFORNIA, USA 17 18 Clerk of Court 19 Supreme Court of California 20 350 McAllister Street 21 San Francisco 94102-3600 22 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 38 of 94 1 November 4, 2001 A.D. 2 3 Mr. Brian S. Crone 4 Murphy Austin Adams Schoenfeld, LLP 5 P.O. Box 1319 6 Sacramento 95814-1319 7 CALIFORNIA, USA 8 9 Subject: Miranda Warning, Mitchell v. AOL Time Warner et al. 10 11 Dear Mr. Crone: 12 13 MIRANDA WARNING
14 Mr. Brian S. Crone, pursuant to the holding of the U.S. Supreme
15 Court in Miranda v. Arizona, 384 U.S. 436 (1966), formal NOTICE is
16 hereby given to you that you have the Right to remain silent, under
17 the Fifth Amendment; you have the Right to assistance of Counsel,
18 under the Sixth Amendment; and, any thing which you say, or do, from
19 this point forward, can and will be held against you in the District
20 Court of the United States. See 18 U.S.C. 3231, in chief.
21 Notice to principals is notice to agents.
22 Notice to agents is notice to principals.
23 24 Sincerely yours, 25 26 /s/ Paul Andrew Mitchell 27 28 Paul Andrew Mitchell, B.A., M.S. 29 Author, Damaged Party, and Plaintiff 30 c/o Forwarding Agent 31 350 – 30th Street, #444 32 Oakland 94609 33 CALIFORNIA, USA 34 35 copy: Clerk of Court, 501 “I” St., #4-200, Sacramento, Calif.
1 Author’s Third Verified Criminal Complaint: Page 39 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 February 4, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 Glenn Guenard 11 Laskin & Guenard 12 1810 South Street 13 Sacramento 95814 14 CALIFORNIA, USA 15 16 tel: (916) 329-9010 17 fax: (916) 442-0444 18 19 Subject: Sections 6002, 6067 and 6126, 20 California Business and Professions Code 21 22 Greetings Mr. Guenard: 23 24 I specifically deny that you are a member, in good standing, of the 25 State Bar of California. See Section 6002 supra. 26 27 28 NOTICE 29 30 Section 6067 of the California Business and Professions Code reads as 31 follows: 32 33 Every person on his admission shall take an oath to support the 34 Constitution of the United States and the Constitution of the 35 State of California, and faithfully to discharge the duties of 36 any attorney at law to the best of his knowledge and ability. A 37 certificate of oath shall be indorsed upon his license. 38 39 [bold emphasis added] 40 41 42 DEMAND 43 44 Formal DEMAND is hereby made of you to deliver a certified copy of 45 said certificate of oath to the mailing location shown below, no later 46 than 5:00 p.m. on Friday, February 15, 2002 A.D. (ten (10) days 47 hence). 48 49 Failure to perform will give Me probable cause to charge you with 50 violating Section 6126 of the California Business and Professions Code 51 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 52 Supremacy Clause (Constitution, Laws and Treaties). 53
1 Author’s Third Verified Criminal Complaint: Page 40 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 10 U.S. Mail: 11 12 c/o General Delivery 13 Phillipsville 95559-9999 14 CALIFORNIA, USA 15 16 copy: State Bar of California 17 180 Howard Street 18 San Francisco 94105-1639 19 CALIFORNIA, USA 20 21 State Bar of California 22 1149 South Hill Street 23 Los Angeles 90015-2299 24 CALIFORNIA, USA 25 26 Clerk of Court 27 Supreme Court of California 28 350 McAllister Street 29 San Francisco 94102-3600 30 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 41 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: Glenn Guenard 6 Laskin & Guenard 7 1810 South Street 8 Sacramento 95814 9 CALIFORNIA, USA 10 11 tel: (916) 329-9010 12 fax: (916) 442-0444 13 14 FROM: Paul Andrew Mitchell, Plaintiff 15 Mitchell v. AOL Time Warner, Inc. et al. 16 Case No. #CIV S 01-1480 WBS DAD PS 17 Ninth Circuit Appeal #02-15269 18 19 DATE: April 3, 2002 A.D. 20 21 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 22 February 4, 2002 A.D. 23 24 25 Greetings Mr. Guenard: 26 27 On February 4, 2002 A.D., I transmitted to you, via first class U.S. 28 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 29 copy of the certificate of oath required by Section 6067 of the 30 California Business and Professions Code, and that you do so no later 31 than 5:00 p.m. on Friday, February 15, 2002 A.D. 32 33 As of that reasonable deadline, I have not received said certified 34 copy, from you or from any one or anything else. 35 36 Accordingly, you are now in default. 37 38 39 VERIFICATION 40 41 The Undersigned hereby verifies, under penalty of perjury, under the 42 laws of the United States of America, without the “United States” 43 (federal government), that the above statement of facts and laws is 44 true and correct, according to the best of My current information, 45 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 46 47 48 Dated: April 3, 2002 A.D. 49 50 51 Signed: /s/ Paul Andrew Mitchell 52 ______53 Paul Andrew Mitchell, Sui Juris 54 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 42 of 94 1 U.S. Mail: 2 3 c/o P.O. Box 370 4 Sunset Beach 90742 5 CALIFORNIA, USA 6 7 copy: State Bar of California 8 180 Howard Street 9 San Francisco 94105-1639 10 CALIFORNIA, USA 11 12 State Bar of California 13 1149 South Hill Street 14 Los Angeles 90015-2299 15 CALIFORNIA, USA 16 17 Clerk of Court 18 Supreme Court of California 19 350 McAllister Street 20 San Francisco 94102-3600 21 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 43 of 94 1 June 8, 2002 A.D. 2 Glenn Guenard 3 Laskin & Guenard 4 1810 South Street 5 Sacramento 95814 6 CALIFORNIA, USA 7 8 Subject: Miranda Warning 9 Mitchell v. AOL Time Warner, Inc. et al. 10 Case No. #CIV S 01-1480 WBS DAD PS 11 12 Dear Mr. Guenard: 13 14 MIRANDA WARNING
15 Pursuant to the holdings of the U.S. Supreme Court in Counselman v.
16 Hitchcock, 142 U.S. 547, 563 (1892), McCarthy v. Arndstein, 266 U.S.
17 34, 40 (1924), George Smith v. U.S., 337 U.S. 137 (1949), and Miranda
18 v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby given to you
19 that you have the Right to remain silent, under the Fifth Amendment;
20 you have the Right to assistance of Counsel, under the Sixth
21 Amendment; and, any thing which you say, or do, from this point
22 forward, can and will be held against you in the District Court of the
23 United States supra. See 18 U.S.C. 3231 (DCUS). Statutes conferring
24 original jurisdiction must be strictly construed [cites omitted here].
25 Notice to principals is notice to agents.
26 Notice to agents is notice to principals.
27 28 Sincerely yours, 29 30 /s/ Paul Andrew Mitchell 31 32 Paul Andrew Mitchell, B.A., M.S. 33 Private Attorney General (18 U.S.C. 1964(a)) 34 c/o Forwarding Agent 35 350 – 30th Street, Suite 444 36 Oakland 94609-3426 37 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 44 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 January 14, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 Ms. Jennifer Kash Hartog, Esq. [sic] 11 Quinn Emanuel Urquhart Oliver & Hedges, LLP 12 201 Sansome Street, 6th Floor 13 San Francisco 94104 14 CALIFORNIA, USA 15 16 tel: (415) 986-5700 17 fax: (415) 986-5707 18 19 Subject: Sections 6002, 6067 and 6126, 20 California Business and Professions Code 21 22 Greetings Ms. Hartog: 23 24 I specifically deny that you are a member, in good standing, of the 25 State Bar of California. See Section 6002 supra. 26 27 28 NOTICE 29 30 Section 6067 of the California Business and Professions Code reads as 31 follows: 32 33 Every person on his admission shall take an oath to support the 34 Constitution of the United States and the Constitution of the 35 State of California, and faithfully to discharge the duties of 36 any attorney at law to the best of his knowledge and ability. A 37 certificate of oath shall be indorsed upon his license. 38 39 [bold emphasis added] 40 41 42 DEMAND 43 44 Formal DEMAND is hereby made of you to deliver a certified copy of 45 said certificate of oath to the mailing location shown below, care of 46 My Forwarding Agent, no later than 5:00 p.m. on Friday, January 25, 47 2002 A.D. (ten (10) days hence). 48 49 Failure to perform will give Me probable cause to charge you with 50 violating Section 6126 of the California Business and Professions Code 51 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 52 Supremacy Clause (Constitution, Laws and Treaties). 53
1 Author’s Third Verified Criminal Complaint: Page 45 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 10 U.S. Mail: 11 12 c/o Forwarding Agent 13 350 – 30th Street, Suite 444 14 Oakland 94609-3426 15 CALIFORNIA, USA 16 17 copy: State Bar of California 18 180 Howard Street 19 San Francisco 94105-1639 20 CALIFORNIA, USA 21 22 State Bar of California 23 1149 South Hill Street 24 Los Angeles 90015-2299 25 CALIFORNIA, USA 26 27 Clerk of Court 28 Supreme Court of California 29 350 McAllister Street 30 San Francisco 94102-3600 31 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 46 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: Ms. Jennifer Kash Hartog, Esq. [sic] 6 Quinn Emanuel Urquhart Oliver & Hedges, LLP 7 201 Sansome Street, 6th Floor 8 San Francisco 94104 9 CALIFORNIA, USA 10 11 tel: (415) 986-5700 12 fax: (415) 986-5707 13 14 FROM: Paul Andrew Mitchell, Plaintiff 15 Mitchell v. AOL Time Warner, Inc. et al. 16 Case No. #CIV S 01-1480 WBS DAD PS 17 Ninth Circuit Appeal #02-15269 18 19 DATE: April 3, 2002 A.D. 20 21 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 22 January 14, 2002 A.D. 23 24 25 Greetings Ms. Hartog: 26 27 On January 14, 2002 A.D., I transmitted to you, via first class U.S. 28 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 29 copy of the certificate of oath required by Section 6067 of the 30 California Business and Professions Code, and that you do so no later 31 than 5:00 p.m. on Friday, January 25, 2002 A.D. 32 33 As of that reasonable deadline, I have not received said certified 34 copy, from you or from any one or anything else. 35 36 Accordingly, you are now in default. 37 38 39 VERIFICATION 40 41 The Undersigned hereby verifies, under penalty of perjury, under the 42 laws of the United States of America, without the “United States” 43 (federal government), that the above statement of facts and laws is 44 true and correct, according to the best of My current information, 45 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 46 47 48 Dated: April 3, 2002 A.D. 49 50 51 Signed: /s/ Paul Andrew Mitchell 52 ______53 Paul Andrew Mitchell, Sui Juris 54 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 47 of 94 1 U.S. Mail: 2 3 c/o P.O. Box 370 4 Sunset Beach 90742 5 CALIFORNIA, USA 6 7 copy: State Bar of California 8 180 Howard Street 9 San Francisco 94105-1639 10 CALIFORNIA, USA 11 12 State Bar of California 13 1149 South Hill Street 14 Los Angeles 90015-2299 15 CALIFORNIA, USA 16 17 Clerk of Court 18 Supreme Court of California 19 350 McAllister Street 20 San Francisco 94102-3600 21 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 48 of 94 1 June 8, 2002 A.D. 2 Ms. Jennifer Kash Hartog, Esq. [sic] 3 Quinn Emanuel Urquhart Oliver & Hedges, LLP 4 201 Sansome Street, 6th Floor 5 San Francisco 94104 6 CALIFORNIA, USA 7 8 Subject: Miranda Warning 9 Mitchell v. AOL Time Warner, Inc. et al. 10 Case No. #CIV S 01-1480 WBS DAD PS 11 12 Dear Ms. Hartog: 13 14 MIRANDA WARNING
15 Pursuant to the holdings of the U.S. Supreme Court in Counselman v.
16 Hitchcock, 142 U.S. 547, 563 (1892), McCarthy v. Arndstein, 266 U.S.
17 34, 40 (1924), George Smith v. U.S., 337 U.S. 137 (1949), and Miranda
18 v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby given to you
19 that you have the Right to remain silent, under the Fifth Amendment;
20 you have the Right to assistance of Counsel, under the Sixth
21 Amendment; and, any thing which you say, or do, from this point
22 forward, can and will be held against you in the District Court of the
23 United States supra. See 18 U.S.C. 3231 (DCUS). Statutes conferring
24 original jurisdiction must be strictly construed [cites omitted here].
25 Notice to principals is notice to agents.
26 Notice to agents is notice to principals.
27 28 Sincerely yours, 29 30 /s/ Paul Andrew Mitchell 31 32 Paul Andrew Mitchell, B.A., M.S. 33 Private Attorney General (18 U.S.C. 1964(a)) 34 c/o Forwarding Agent 35 350 – 30th Street, Suite 444 36 Oakland 94609-3426 37 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 49 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 February 4, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 Rachel M. Herrick 11 Quinn Emanuel Urquhart Oliver & Hedges, LLP 12 201 Sansome Street, 6th Floor 13 San Francisco 94104 14 CALIFORNIA, USA 15 16 tel: (415) 986-5700 17 fax: (415) 986-5707 18 19 Subject: Sections 6002, 6067 and 6126, 20 California Business and Professions Code 21 22 Greetings Ms. Herrick: 23 24 I specifically deny that you are a member, in good standing, of the 25 State Bar of California. See Section 6002 supra. 26 27 28 NOTICE 29 30 Section 6067 of the California Business and Professions Code reads as 31 follows: 32 33 Every person on his admission shall take an oath to support the 34 Constitution of the United States and the Constitution of the 35 State of California, and faithfully to discharge the duties of 36 any attorney at law to the best of his knowledge and ability. A 37 certificate of oath shall be indorsed upon his license. 38 39 [bold emphasis added] 40 41 42 DEMAND 43 44 Formal DEMAND is hereby made of you to deliver a certified copy of 45 said certificate of oath to the mailing location shown below, no later 46 than 5:00 p.m. on Friday, February 15, 2002 A.D. (ten (10) days 47 hence). 48 49 Failure to perform will give Me probable cause to charge you with 50 violating Section 6126 of the California Business and Professions Code 51 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 52 Supremacy Clause (Constitution, Laws and Treaties). 53
1 Author’s Third Verified Criminal Complaint: Page 50 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 10 U.S. Mail: 11 12 c/o General Delivery 13 Phillipsville 95559-9999 14 CALIFORNIA, USA 15 16 copy: State Bar of California 17 180 Howard Street 18 San Francisco 94105-1639 19 CALIFORNIA, USA 20 21 State Bar of California 22 1149 South Hill Street 23 Los Angeles 90015-2299 24 CALIFORNIA, USA 25 26 Clerk of Court 27 Supreme Court of California 28 350 McAllister Street 29 San Francisco 94102-3600 30 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 51 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: Ms. Rachel M. Herrick 6 Quinn Emanuel Urquhart Oliver & Hedges, LLP 7 201 Sansome Street, 6th Floor 8 San Francisco 94104 9 CALIFORNIA, USA 10 11 tel: (415) 986-5700 12 fax: (415) 986-5707 13 14 FROM: Paul Andrew Mitchell, Plaintiff 15 Mitchell v. AOL Time Warner, Inc. et al. 16 Case No. #CIV S 01-1480 WBS DAD PS 17 Ninth Circuit Appeal #02-15269 18 19 DATE: April 3, 2002 A.D. 20 21 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 22 February 4, 2002 A.D. 23 24 25 Greetings Ms. Herrick: 26 27 On February 4, 2002 A.D., I transmitted to you, via first class U.S. 28 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 29 copy of the certificate of oath required by Section 6067 of the 30 California Business and Professions Code, and that you do so no later 31 than 5:00 p.m. on Friday, February 15, 2002 A.D. 32 33 As of that reasonable deadline, I have not received said certified 34 copy, from you or from any one or anything else. 35 36 Accordingly, you are now in default. 37 38 39 VERIFICATION 40 41 The Undersigned hereby verifies, under penalty of perjury, under the 42 laws of the United States of America, without the “United States” 43 (federal government), that the above statement of facts and laws is 44 true and correct, according to the best of My current information, 45 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 46 47 48 Dated: April 3, 2002 A.D. 49 50 51 Signed: /s/ Paul Andrew Mitchell 52 ______53 Paul Andrew Mitchell, Sui Juris 54 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 52 of 94 1 U.S. Mail: 2 3 c/o P.O. Box 370 4 Sunset Beach 90742 5 CALIFORNIA, USA 6 7 copy: State Bar of California 8 180 Howard Street 9 San Francisco 94105-1639 10 CALIFORNIA, USA 11 12 State Bar of California 13 1149 South Hill Street 14 Los Angeles 90015-2299 15 CALIFORNIA, USA 16 17 Clerk of Court 18 Supreme Court of California 19 350 McAllister Street 20 San Francisco 94102-3600 21 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 53 of 94 1 June 8, 2002 A.D. 2 Rachel M. Herrick 3 Quinn Emanuel Urquhart Oliver & Hedges, LLP 4 201 Sansome Street, 6th Floor 5 San Francisco 94104 6 CALIFORNIA, USA 7 8 Subject: Miranda Warning 9 Mitchell v. AOL Time Warner, Inc. et al. 10 Case No. #CIV S 01-1480 WBS DAD PS 11 12 Dear Ms. Herrick: 13 14 MIRANDA WARNING
15 Pursuant to the holdings of the U.S. Supreme Court in Counselman v.
16 Hitchcock, 142 U.S. 547, 563 (1892), McCarthy v. Arndstein, 266 U.S.
17 34, 40 (1924), George Smith v. U.S., 337 U.S. 137 (1949), and Miranda
18 v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby given to you
19 that you have the Right to remain silent, under the Fifth Amendment;
20 you have the Right to assistance of Counsel, under the Sixth
21 Amendment; and, any thing which you say, or do, from this point
22 forward, can and will be held against you in the District Court of the
23 United States supra. See 18 U.S.C. 3231 (DCUS). Statutes conferring
24 original jurisdiction must be strictly construed [cites omitted here].
25 Notice to principals is notice to agents.
26 Notice to agents is notice to principals.
27 28 Sincerely yours, 29 30 /s/ Paul Andrew Mitchell 31 32 Paul Andrew Mitchell, B.A., M.S. 33 Private Attorney General (18 U.S.C. 1964(a)) 34 c/o Forwarding Agent 35 350 – 30th Street, Suite 444 36 Oakland 94609-3426 37 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 54 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 January 14, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 Mr. Stephen J. Hirschfeld, Esq. [sic] 11 Curiale Dellaverson Hirschfeld Kraemer & Sloan, LLP 12 727 Sansome Street 13 San Francisco 94111 14 CALIFORNIA, USA 15 16 tel: (415) 835-9000 17 fax: (415) 834-0443 18 19 Subject: Sections 6002, 6067 and 6126, 20 California Business and Professions Code 21 22 Greetings Mr. Hirschfeld: 23 24 I specifically deny that you are a member, in good standing, of the 25 State Bar of California. See Section 6002 supra. 26 27 28 NOTICE 29 30 Section 6067 of the California Business and Professions Code reads as 31 follows: 32 33 Every person on his admission shall take an oath to support the 34 Constitution of the United States and the Constitution of the 35 State of California, and faithfully to discharge the duties of 36 any attorney at law to the best of his knowledge and ability. A 37 certificate of oath shall be indorsed upon his license. 38 39 [bold emphasis added] 40 41 42 DEMAND 43 44 Formal DEMAND is hereby made of you to deliver a certified copy of 45 said certificate of oath to the mailing location shown below, care of 46 My Forwarding Agent, no later than 5:00 p.m. on Friday, January 25, 47 2002 A.D. (ten (10) days hence). 48 49 Failure to perform will give Me probable cause to charge you with 50 violating Section 6126 of the California Business and Professions Code 51 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 52 Supremacy Clause (Constitution, Laws and Treaties). 53
1 Author’s Third Verified Criminal Complaint: Page 55 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 10 U.S. Mail: 11 12 c/o Forwarding Agent 13 350 – 30th Street, Suite 444 14 Oakland 94609-3426 15 CALIFORNIA, USA 16 17 copy: State Bar of California 18 180 Howard Street 19 San Francisco 94105-1639 20 CALIFORNIA, USA 21 22 State Bar of California 23 1149 South Hill Street 24 Los Angeles 90015-2299 25 CALIFORNIA, USA 26 27 Clerk of Court 28 Supreme Court of California 29 350 McAllister Street 30 San Francisco 94102-3600 31 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 56 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: Mr. Stephen J. Hirschfeld, Esq. [sic] 6 Curiale Dellaverson Hirschfeld Kraemer & Sloan, LLP 7 727 Sansome Street 8 San Francisco 94111 9 CALIFORNIA, USA 10 11 tel: (415) 835-9000 12 fax: (415) 834-0443 13 14 FROM: Paul Andrew Mitchell, Plaintiff 15 Mitchell v. AOL Time Warner, Inc. et al. 16 Case No. #CIV S 01-1480 WBS DAD PS 17 Ninth Circuit Appeal #02-15269 18 19 DATE: April 3, 2002 A.D. 20 21 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 22 January 14, 2002 A.D. 23 24 Greetings Mr. Hirschfeld: 25 26 On January 14, 2002 A.D., I transmitted to you, via first class U.S. 27 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 28 copy of the certificate of oath required by Section 6067 of the 29 California Business and Professions Code, and that you do so no later 30 than 5:00 p.m. on Friday, January 25, 2002 A.D. 31 32 As of that reasonable deadline, I have not received said certified 33 copy, from you or from any one or anything else. 34 35 Accordingly, you are now in default. 36 37 38 VERIFICATION 39 40 The Undersigned hereby verifies, under penalty of perjury, under the 41 laws of the United States of America, without the “United States” 42 (federal government), that the above statement of facts and laws is 43 true and correct, according to the best of My current information, 44 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 45 46 47 Dated: April 3, 2002 A.D. 48 49 50 Signed: /s/ Paul Andrew Mitchell 51 ______52 Paul Andrew Mitchell, Sui Juris 53 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 57 of 94 1 U.S. Mail: 2 3 c/o P.O. Box 370 4 Sunset Beach 90742 5 CALIFORNIA, USA 6 7 copy: State Bar of California 8 180 Howard Street 9 San Francisco 94105-1639 10 CALIFORNIA, USA 11 12 State Bar of California 13 1149 South Hill Street 14 Los Angeles 90015-2299 15 CALIFORNIA, USA 16 17 Clerk of Court 18 Supreme Court of California 19 350 McAllister Street 20 San Francisco 94102-3600 21 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 58 of 94 1 June 8, 2002 A.D. 2 Mr. Stephen J. Hirschfeld, Esq. [sic] 3 Curiale Dellaverson Hirschfeld Kraemer & Sloan, LLP 4 727 Sansome Street 5 San Francisco 94111 6 CALIFORNIA, USA 7 8 Subject: Miranda Warning 9 Mitchell v. AOL Time Warner, Inc. et al. 10 Case No. #CIV S 01-1480 WBS DAD PS 11 12 Dear Mr. Hirschfeld: 13 14 MIRANDA WARNING
15 Pursuant to the holdings of the U.S. Supreme Court in Counselman v.
16 Hitchcock, 142 U.S. 547, 563 (1892), McCarthy v. Arndstein, 266 U.S.
17 34, 40 (1924), George Smith v. U.S., 337 U.S. 137 (1949), and Miranda
18 v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby given to you
19 that you have the Right to remain silent, under the Fifth Amendment;
20 you have the Right to assistance of Counsel, under the Sixth
21 Amendment; and, any thing which you say, or do, from this point
22 forward, can and will be held against you in the District Court of the
23 United States supra. See 18 U.S.C. 3231 (DCUS). Statutes conferring
24 original jurisdiction must be strictly construed [cites omitted here].
25 Notice to principals is notice to agents.
26 Notice to agents is notice to principals.
27 28 Sincerely yours, 29 30 /s/ Paul Andrew Mitchell 31 32 Paul Andrew Mitchell, B.A., M.S. 33 Private Attorney General (18 U.S.C. 1964(a)) 34 c/o Forwarding Agent 35 350 – 30th Street, Suite 444 36 Oakland 94609-3426 37 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 59 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 February 4, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 James E. Holst 11 Office of the General Counsel 12 University of California 13 1111 Franklin Street, 8th Floor 14 Oakland 94607-5200 15 CALIFORNIA, USA 16 17 tel: (510) 987-9800 18 fax: (510) 987-9757 19 20 Subject: Sections 6002, 6067 and 6126, 21 California Business and Professions Code 22 23 Greetings Mr. Holst: 24 25 I specifically deny that you are a member, in good standing, of the 26 State Bar of California. See Section 6002 supra. 27 28 29 NOTICE 30 31 Section 6067 of the California Business and Professions Code reads as 32 follows: 33 34 Every person on his admission shall take an oath to support the 35 Constitution of the United States and the Constitution of the 36 State of California, and faithfully to discharge the duties of 37 any attorney at law to the best of his knowledge and ability. A 38 certificate of oath shall be indorsed upon his license. 39 40 [bold emphasis added] 41 42 43 DEMAND 44 45 Formal DEMAND is hereby made of you to deliver a certified copy of 46 said certificate of oath to the mailing location shown below, no later 47 than 5:00 p.m. on Friday, February 15, 2002 A.D. (ten (10) days 48 hence). 49 50 Failure to perform will give Me probable cause to charge you with 51 violating Section 6126 of the California Business and Professions Code 52 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 53 Supremacy Clause (Constitution, Laws and Treaties). 54
1 Author’s Third Verified Criminal Complaint: Page 60 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 10 U.S. Mail: 11 12 c/o General Delivery 13 Phillipsville 95559-9999 14 CALIFORNIA, USA 15 16 copy: State Bar of California 17 180 Howard Street 18 San Francisco 94105-1639 19 CALIFORNIA, USA 20 21 State Bar of California 22 1149 South Hill Street 23 Los Angeles 90015-2299 24 CALIFORNIA, USA 25 26 Clerk of Court 27 Supreme Court of California 28 350 McAllister Street 29 San Francisco 94102-3600 30 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 61 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: James E. Holst 6 Office of the General Counsel 7 University of California 8 1111 Franklin Street, 8th Floor 9 Oakland 94607-5200 10 CALIFORNIA, USA 11 12 tel: (510) 987-9800 13 fax: (510) 987-9757 14 15 FROM: Paul Andrew Mitchell, Plaintiff 16 Mitchell v. AOL Time Warner, Inc. et al. 17 Case No. #CIV S 01-1480 WBS DAD PS 18 Ninth Circuit Appeal #02-15269 19 20 DATE: April 3, 2002 A.D. 21 22 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 23 February 4, 2002 A.D. 24 25 Greetings Mr. Holst: 26 27 On February 4, 2002 A.D., I transmitted to you, via first class U.S. 28 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 29 copy of the certificate of oath required by Section 6067 of the 30 California Business and Professions Code, and that you do so no later 31 than 5:00 p.m. on Friday, February 15, 2002 A.D. 32 33 As of that reasonable deadline, I have not received said certified 34 copy, from you or from any one or anything else. 35 36 Accordingly, you are now in default. 37 38 39 VERIFICATION 40 41 The Undersigned hereby verifies, under penalty of perjury, under the 42 laws of the United States of America, without the “United States” 43 (federal government), that the above statement of facts and laws is 44 true and correct, according to the best of My current information, 45 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 46 47 48 Dated: April 3, 2002 A.D. 49 50 51 Signed: /s/ Paul Andrew Mitchell 52 ______53 Paul Andrew Mitchell, Sui Juris 54 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 62 of 94 1 U.S. Mail: 2 3 c/o P.O. Box 370 4 Sunset Beach 90742 5 CALIFORNIA, USA 6 7 copy: State Bar of California 8 180 Howard Street 9 San Francisco 94105-1639 10 CALIFORNIA, USA 11 12 State Bar of California 13 1149 South Hill Street 14 Los Angeles 90015-2299 15 CALIFORNIA, USA 16 17 Clerk of Court 18 Supreme Court of California 19 350 McAllister Street 20 San Francisco 94102-3600 21 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 63 of 94 1 June 8, 2002 A.D. 2 James E. Holst 3 Office of the General Counsel 4 University of California 5 1111 Franklin Street, 8th Floor 6 Oakland 94607-5200 7 CALIFORNIA, USA 8 9 Subject: Miranda Warning 10 Mitchell v. AOL Time Warner, Inc. et al. 11 Case No. #CIV S 01-1480 WBS DAD PS 12 13 Dear Mr. Holst: 14 15 MIRANDA WARNING
16 Pursuant to the holdings of the U.S. Supreme Court in Counselman v.
17 Hitchcock, 142 U.S. 547, 563 (1892), McCarthy v. Arndstein, 266 U.S.
18 34, 40 (1924), George Smith v. U.S., 337 U.S. 137 (1949), and Miranda
19 v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby given to you
20 that you have the Right to remain silent, under the Fifth Amendment;
21 you have the Right to assistance of Counsel, under the Sixth
22 Amendment; and, any thing which you say, or do, from this point
23 forward, can and will be held against you in the District Court of the
24 United States supra. See 18 U.S.C. 3231 (DCUS). Statutes conferring
25 original jurisdiction must be strictly construed [cites omitted here].
26 Notice to principals is notice to agents.
27 Notice to agents is notice to principals.
28 29 Sincerely yours, 30 31 /s/ Paul Andrew Mitchell 32 33 Paul Andrew Mitchell, B.A., M.S. 34 Private Attorney General (18 U.S.C. 1964(a)) 35 c/o Forwarding Agent 36 350 – 30th Street, Suite 444 37 Oakland 94609-3426 38 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 64 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 January 14, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 Mr. Jonathan P. Lowell, Esq. [sic] 11 Curiale Dellaverson Hirschfeld Kraemer & Sloan, LLP 12 727 Sansome Street 13 San Francisco 94111 14 CALIFORNIA, USA 15 16 tel: (415) 835-9000 17 fax: (415) 834-0443 18 19 Subject: Sections 6002, 6067 and 6126, 20 California Business and Professions Code 21 22 Greetings Mr. Lowell: 23 24 I specifically deny that you are a member, in good standing, of the 25 State Bar of California. See Section 6002 supra. 26 27 28 NOTICE 29 30 Section 6067 of the California Business and Professions Code reads as 31 follows: 32 33 Every person on his admission shall take an oath to support the 34 Constitution of the United States and the Constitution of the 35 State of California, and faithfully to discharge the duties of 36 any attorney at law to the best of his knowledge and ability. A 37 certificate of oath shall be indorsed upon his license. 38 39 [bold emphasis added] 40 41 42 DEMAND 43 44 Formal DEMAND is hereby made of you to deliver a certified copy of 45 said certificate of oath to the mailing location shown below, care of 46 My Forwarding Agent, no later than 5:00 p.m. on Friday, January 25, 47 2002 A.D. (ten (10) days hence). 48 49 Failure to perform will give Me probable cause to charge you with 50 violating Section 6126 of the California Business and Professions Code 51 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 52 Supremacy Clause (Constitution, Laws and Treaties). 53
1 Author’s Third Verified Criminal Complaint: Page 65 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 10 U.S. Mail: 11 12 c/o Forwarding Agent 13 350 – 30th Street, Suite 444 14 Oakland 94609-3426 15 CALIFORNIA, USA 16 17 copy: State Bar of California 18 180 Howard Street 19 San Francisco 94105-1639 20 CALIFORNIA, USA 21 22 State Bar of California 23 1149 South Hill Street 24 Los Angeles 90015-2299 25 CALIFORNIA, USA 26 27 Clerk of Court 28 Supreme Court of California 29 350 McAllister Street 30 San Francisco 94102-3600 31 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 66 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: Mr. Jonathan P. Lowell, Esq. [sic] 6 Curiale Dellaverson Hirschfeld Kraemer & Sloan, LLP 7 727 Sansome Street 8 San Francisco 94111 9 CALIFORNIA, USA 10 11 tel: (415) 835-9000 12 fax: (415) 834-0443 13 14 FROM: Paul Andrew Mitchell, Plaintiff 15 Mitchell v. AOL Time Warner, Inc. et al. 16 Case No. #CIV S 01-1480 WBS DAD PS 17 Ninth Circuit Appeal #02-15269 18 19 DATE: April 3, 2002 A.D. 20 21 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 22 January 14, 2002 A.D. 23 24 Greetings Mr. Lowell: 25 26 On January 14, 2002 A.D., I transmitted to you, via first class U.S. 27 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 28 copy of the certificate of oath required by Section 6067 of the 29 California Business and Professions Code, and that you do so no later 30 than 5:00 p.m. on Friday, January 25, 2002 A.D. 31 32 As of that reasonable deadline, I have not received said certified 33 copy, from you or from any one or anything else. 34 35 Accordingly, you are now in default. 36 37 38 VERIFICATION 39 40 The Undersigned hereby verifies, under penalty of perjury, under the 41 laws of the United States of America, without the “United States” 42 (federal government), that the above statement of facts and laws is 43 true and correct, according to the best of My current information, 44 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 45 46 47 Dated: April 3, 2002 A.D. 48 49 50 Signed: /s/ Paul Andrew Mitchell 51 ______52 Paul Andrew Mitchell, Sui Juris 53 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 67 of 94 1 U.S. Mail: 2 3 c/o P.O. Box 370 4 Sunset Beach 90742 5 CALIFORNIA, USA 6 7 copy: State Bar of California 8 180 Howard Street 9 San Francisco 94105-1639 10 CALIFORNIA, USA 11 12 State Bar of California 13 1149 South Hill Street 14 Los Angeles 90015-2299 15 CALIFORNIA, USA 16 17 Clerk of Court 18 Supreme Court of California 19 350 McAllister Street 20 San Francisco 94102-3600 21 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 68 of 94 1 June 8, 2002 A.D. 2 Mr. Jonathan P. Lowell, Esq. [sic] 3 Curiale Dellaverson Hirschfeld Kraemer & Sloan, LLP 4 727 Sansome Street 5 San Francisco 94111 6 CALIFORNIA, USA 7 8 Subject: Miranda Warning 9 Mitchell v. AOL Time Warner, Inc. et al. 10 Case No. #CIV S 01-1480 WBS DAD PS 11 12 Dear Mr. Lowell: 13 14 MIRANDA WARNING
15 Pursuant to the holdings of the U.S. Supreme Court in Counselman v.
16 Hitchcock, 142 U.S. 547, 563 (1892), McCarthy v. Arndstein, 266 U.S.
17 34, 40 (1924), George Smith v. U.S., 337 U.S. 137 (1949), and Miranda
18 v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby given to you
19 that you have the Right to remain silent, under the Fifth Amendment;
20 you have the Right to assistance of Counsel, under the Sixth
21 Amendment; and, any thing which you say, or do, from this point
22 forward, can and will be held against you in the District Court of the
23 United States supra. See 18 U.S.C. 3231 (DCUS). Statutes conferring
24 original jurisdiction must be strictly construed [cites omitted here].
25 Notice to principals is notice to agents.
26 Notice to agents is notice to principals.
27 28 Sincerely yours, 29 30 /s/ Paul Andrew Mitchell 31 32 Paul Andrew Mitchell, B.A., M.S. 33 Private Attorney General (18 U.S.C. 1964(a)) 34 c/o Forwarding Agent 35 350 – 30th Street, Suite 444 36 Oakland 94609-3426 37 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 69 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 February 4, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 John F. Lundberg 11 Office of the General Counsel 12 University of California 13 1111 Franklin Street, 8th Floor 14 Oakland 94607-5200 15 CALIFORNIA, USA 16 17 tel: (510) 987-9800 18 fax: (510) 987-9757 19 20 Subject: Sections 6002, 6067 and 6126, 21 California Business and Professions Code 22 23 Greetings Mr. Lundberg: 24 25 I specifically deny that you are a member, in good standing, of the 26 State Bar of California. See Section 6002 supra. 27 28 29 NOTICE 30 31 Section 6067 of the California Business and Professions Code reads as 32 follows: 33 34 Every person on his admission shall take an oath to support the 35 Constitution of the United States and the Constitution of the 36 State of California, and faithfully to discharge the duties of 37 any attorney at law to the best of his knowledge and ability. A 38 certificate of oath shall be indorsed upon his license. 39 40 [bold emphasis added] 41 42 43 DEMAND 44 45 Formal DEMAND is hereby made of you to deliver a certified copy of 46 said certificate of oath to the mailing location shown below, no later 47 than 5:00 p.m. on Friday, February 15, 2002 A.D. (ten (10) days 48 hence). 49 50 Failure to perform will give Me probable cause to charge you with 51 violating Section 6126 of the California Business and Professions Code 52 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 53 Supremacy Clause (Constitution, Laws and Treaties). 54
1 Author’s Third Verified Criminal Complaint: Page 70 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 10 U.S. Mail: 11 12 c/o General Delivery 13 Phillipsville 95559-9999 14 CALIFORNIA, USA 15 16 copy: State Bar of California 17 180 Howard Street 18 San Francisco 94105-1639 19 CALIFORNIA, USA 20 21 State Bar of California 22 1149 South Hill Street 23 Los Angeles 90015-2299 24 CALIFORNIA, USA 25 26 Clerk of Court 27 Supreme Court of California 28 350 McAllister Street 29 San Francisco 94102-3600 30 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 71 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: John F. Lundberg 6 Office of the General Counsel 7 University of California 8 1111 Franklin Street, 8th Floor 9 Oakland 94607-5200 10 CALIFORNIA, USA 11 12 tel: (510) 987-9800 13 fax: (510) 987-9757 14 15 FROM: Paul Andrew Mitchell, Plaintiff 16 Mitchell v. AOL Time Warner, Inc. et al. 17 Case No. #CIV S 01-1480 WBS DAD PS 18 Ninth Circuit Appeal #02-15269 19 20 DATE: April 3, 2002 A.D. 21 22 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 23 February 4, 2002 A.D. 24 25 Greetings Mr. Lundberg: 26 27 On February 4, 2002 A.D., I transmitted to you, via first class U.S. 28 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 29 copy of the certificate of oath required by Section 6067 of the 30 California Business and Professions Code, and that you do so no later 31 than 5:00 p.m. on Friday, February 15, 2002 A.D. 32 33 As of that reasonable deadline, I have not received said certified 34 copy, from you or from any one or anything else. 35 36 Accordingly, you are now in default. 37 38 39 VERIFICATION 40 41 The Undersigned hereby verifies, under penalty of perjury, under the 42 laws of the United States of America, without the “United States” 43 (federal government), that the above statement of facts and laws is 44 true and correct, according to the best of My current information, 45 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 46 47 48 Dated: April 3, 2002 A.D. 49 50 51 Signed: /s/ Paul Andrew Mitchell 52 ______53 Paul Andrew Mitchell, Sui Juris 54 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 72 of 94 1 U.S. Mail: 2 3 c/o P.O. Box 370 4 Sunset Beach 90742 5 CALIFORNIA, USA 6 7 copy: State Bar of California 8 180 Howard Street 9 San Francisco 94105-1639 10 CALIFORNIA, USA 11 12 State Bar of California 13 1149 South Hill Street 14 Los Angeles 90015-2299 15 CALIFORNIA, USA 16 17 Clerk of Court 18 Supreme Court of California 19 350 McAllister Street 20 San Francisco 94102-3600 21 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 73 of 94 1 June 8, 2002 A.D. 2 John F. Lundberg 3 Office of the General Counsel 4 University of California 5 1111 Franklin Street, 8th Floor 6 Oakland 94607-5200 7 CALIFORNIA, USA 8 9 Subject: Miranda Warning 10 Mitchell v. AOL Time Warner, Inc. et al. 11 Case No. #CIV S 01-1480 WBS DAD PS 12 13 Dear Mr. Lundberg: 14 15 MIRANDA WARNING
16 Pursuant to the holdings of the U.S. Supreme Court in Counselman v.
17 Hitchcock, 142 U.S. 547, 563 (1892), McCarthy v. Arndstein, 266 U.S.
18 34, 40 (1924), George Smith v. U.S., 337 U.S. 137 (1949), and Miranda
19 v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby given to you
20 that you have the Right to remain silent, under the Fifth Amendment;
21 you have the Right to assistance of Counsel, under the Sixth
22 Amendment; and, any thing which you say, or do, from this point
23 forward, can and will be held against you in the District Court of the
24 United States supra. See 18 U.S.C. 3231 (DCUS). Statutes conferring
25 original jurisdiction must be strictly construed [cites omitted here].
26 Notice to principals is notice to agents.
27 Notice to agents is notice to principals.
28 29 Sincerely yours, 30 31 /s/ Paul Andrew Mitchell 32 33 Paul Andrew Mitchell, B.A., M.S. 34 Private Attorney General (18 U.S.C. 1964(a)) 35 c/o Forwarding Agent 36 350 – 30th Street, Suite 444 37 Oakland 94609-3426 38 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 74 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 February 4, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 Donald T. McMillan 11 Rivkin Radler, LLP 12 1330 North Dutton Avenue, Suite 200 13 Santa Rosa 95401-4646 14 CALIFORNIA, USA 15 16 tel: (707) 525-5400 17 fax: (707) 576-7955 18 19 Subject: Sections 6002, 6067 and 6126, 20 California Business and Professions Code 21 22 Greetings Mr. McMillan: 23 24 I specifically deny that you are a member, in good standing, of the 25 State Bar of California. See Section 6002 supra. 26 27 28 NOTICE 29 30 Section 6067 of the California Business and Professions Code reads as 31 follows: 32 33 Every person on his admission shall take an oath to support the 34 Constitution of the United States and the Constitution of the 35 State of California, and faithfully to discharge the duties of 36 any attorney at law to the best of his knowledge and ability. A 37 certificate of oath shall be indorsed upon his license. 38 39 [bold emphasis added] 40 41 42 DEMAND 43 44 Formal DEMAND is hereby made of you to deliver a certified copy of 45 said certificate of oath to the mailing location shown below, no later 46 than 5:00 p.m. on Friday, February 15, 2002 A.D. (ten (10) days 47 hence). 48 49 Failure to perform will give Me probable cause to charge you with 50 violating Section 6126 of the California Business and Professions Code 51 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 52 Supremacy Clause (Constitution, Laws and Treaties). 53
1 Author’s Third Verified Criminal Complaint: Page 75 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 10 U.S. Mail: 11 12 c/o General Delivery 13 Phillipsville 95559-9999 14 CALIFORNIA, USA 15 16 copy: State Bar of California 17 180 Howard Street 18 San Francisco 94105-1639 19 CALIFORNIA, USA 20 21 State Bar of California 22 1149 South Hill Street 23 Los Angeles 90015-2299 24 CALIFORNIA, USA 25 26 Clerk of Court 27 Supreme Court of California 28 350 McAllister Street 29 San Francisco 94102-3600 30 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 76 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: Donald T. McMillan 6 Rivkin Radler, LLP 7 1330 North Dutton Avenue, Suite 200 8 Santa Rosa 95401-4646 9 CALIFORNIA, USA 10 11 tel: (707) 525-5400 12 fax: (707) 576-7955 13 14 FROM: Paul Andrew Mitchell, Plaintiff 15 Mitchell v. AOL Time Warner, Inc. et al. 16 Case No. #CIV S 01-1480 WBS DAD PS 17 Ninth Circuit Appeal #02-15269 18 19 DATE: April 3, 2002 A.D. 20 21 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 22 February 4, 2002 A.D. 23 24 25 Greetings Mr. McMillan: 26 27 On February 4, 2002 A.D., I transmitted to you, via first class U.S. 28 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 29 copy of the certificate of oath required by Section 6067 of the 30 California Business and Professions Code, and that you do so no later 31 than 5:00 p.m. on Friday, February 15, 2002 A.D. 32 33 As of that reasonable deadline, I have not received said certified 34 copy, from you or from any one or anything else. 35 36 Accordingly, you are now in default. 37 38 39 VERIFICATION 40 41 The Undersigned hereby verifies, under penalty of perjury, under the 42 laws of the United States of America, without the “United States” 43 (federal government), that the above statement of facts and laws is 44 true and correct, according to the best of My current information, 45 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 46 47 48 Dated: April 3, 2002 A.D. 49 50 51 Signed: /s/ Paul Andrew Mitchell 52 ______53 Paul Andrew Mitchell, Sui Juris 54 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 77 of 94 1 U.S. Mail: 2 3 c/o P.O. Box 370 4 Sunset Beach 90742 5 CALIFORNIA, USA 6 7 copy: State Bar of California 8 180 Howard Street 9 San Francisco 94105-1639 10 CALIFORNIA, USA 11 12 State Bar of California 13 1149 South Hill Street 14 Los Angeles 90015-2299 15 CALIFORNIA, USA 16 17 Clerk of Court 18 Supreme Court of California 19 350 McAllister Street 20 San Francisco 94102-3600 21 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 78 of 94 1 June 8, 2002 A.D. 2 Donald T. McMillan 3 Rivkin Radler, LLP 4 1330 North Dutton Avenue, Suite 200 5 Santa Rosa 95401-4646 6 CALIFORNIA, USA 7 8 Subject: Miranda Warning 9 Mitchell v. AOL Time Warner, Inc. et al. 10 Case No. #CIV S 01-1480 WBS DAD PS 11 12 Dear Mr. McMillan: 13 14 MIRANDA WARNING
15 Pursuant to the holdings of the U.S. Supreme Court in Counselman v.
16 Hitchcock, 142 U.S. 547, 563 (1892), McCarthy v. Arndstein, 266 U.S.
17 34, 40 (1924), George Smith v. U.S., 337 U.S. 137 (1949), and Miranda
18 v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby given to you
19 that you have the Right to remain silent, under the Fifth Amendment;
20 you have the Right to assistance of Counsel, under the Sixth
21 Amendment; and, any thing which you say, or do, from this point
22 forward, can and will be held against you in the District Court of the
23 United States supra. See 18 U.S.C. 3231 (DCUS). Statutes conferring
24 original jurisdiction must be strictly construed [cites omitted here].
25 Notice to principals is notice to agents.
26 Notice to agents is notice to principals.
27 28 Sincerely yours, 29 30 /s/ Paul Andrew Mitchell 31 32 Paul Andrew Mitchell, B.A., M.S. 33 Private Attorney General (18 U.S.C. 1964(a)) 34 c/o Forwarding Agent 35 350 – 30th Street, Suite 444 36 Oakland 94609-3426 37 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 79 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 February 4, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 Richard C. O’Hare 11 Rivkin Radler, LLP 12 1330 North Dutton Avenue, Suite 200 13 Santa Rosa 95401-4646 14 CALIFORNIA, USA 15 16 tel: (707) 525-5400 17 fax: (707) 576-7955 18 19 Subject: Sections 6002, 6067 and 6126, 20 California Business and Professions Code 21 22 Greetings Mr. O’Hare: 23 24 I specifically deny that you are a member, in good standing, of the 25 State Bar of California. See Section 6002 supra. 26 27 28 NOTICE 29 30 Section 6067 of the California Business and Professions Code reads as 31 follows: 32 33 Every person on his admission shall take an oath to support the 34 Constitution of the United States and the Constitution of the 35 State of California, and faithfully to discharge the duties of 36 any attorney at law to the best of his knowledge and ability. A 37 certificate of oath shall be indorsed upon his license. 38 39 [bold emphasis added] 40 41 42 DEMAND 43 44 Formal DEMAND is hereby made of you to deliver a certified copy of 45 said certificate of oath to the mailing location shown below, no later 46 than 5:00 p.m. on Friday, February 15, 2002 A.D. (ten (10) days 47 hence). 48 49 Failure to perform will give Me probable cause to charge you with 50 violating Section 6126 of the California Business and Professions Code 51 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 52 Supremacy Clause (Constitution, Laws and Treaties). 53
1 Author’s Third Verified Criminal Complaint: Page 80 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 10 U.S. Mail: 11 12 c/o General Delivery 13 Phillipsville 95559-9999 14 CALIFORNIA, USA 15 16 copy: State Bar of California 17 180 Howard Street 18 San Francisco 94105-1639 19 CALIFORNIA, USA 20 21 State Bar of California 22 1149 South Hill Street 23 Los Angeles 90015-2299 24 CALIFORNIA, USA 25 26 Clerk of Court 27 Supreme Court of California 28 350 McAllister Street 29 San Francisco 94102-3600 30 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 81 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: Richard C. O’Hare 6 Rivkin Radler, LLP 7 1330 North Dutton Avenue, Suite 200 8 Santa Rosa 95401-4646 9 CALIFORNIA, USA 10 11 tel: (707) 525-5400 12 fax: (707) 576-7955 13 14 FROM: Paul Andrew Mitchell, Plaintiff 15 Mitchell v. AOL Time Warner, Inc. et al. 16 Case No. #CIV S 01-1480 WBS DAD PS 17 Ninth Circuit Appeal #02-15269 18 19 DATE: April 3, 2002 A.D. 20 21 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 22 February 4, 2002 A.D. 23 24 25 Greetings Mr. O’Hare: 26 27 On February 4, 2002 A.D., I transmitted to you, via first class U.S. 28 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 29 copy of the certificate of oath required by Section 6067 of the 30 California Business and Professions Code, and that you do so no later 31 than 5:00 p.m. on Friday, February 15, 2002 A.D. 32 33 As of that reasonable deadline, I have not received said certified 34 copy, from you or from any one or anything else. 35 36 Accordingly, you are now in default. 37 38 39 VERIFICATION 40 41 The Undersigned hereby verifies, under penalty of perjury, under the 42 laws of the United States of America, without the “United States” 43 (federal government), that the above statement of facts and laws is 44 true and correct, according to the best of My current information, 45 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 46 47 48 Dated: April 3, 2002 A.D. 49 50 51 Signed: /s/ Paul Andrew Mitchell 52 ______53 Paul Andrew Mitchell, Sui Juris 54 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 82 of 94 1 U.S. Mail: 2 3 c/o P.O. Box 370 4 Sunset Beach 90742 5 CALIFORNIA, USA 6 7 copy: State Bar of California 8 180 Howard Street 9 San Francisco 94105-1639 10 CALIFORNIA, USA 11 12 State Bar of California 13 1149 South Hill Street 14 Los Angeles 90015-2299 15 CALIFORNIA, USA 16 17 Clerk of Court 18 Supreme Court of California 19 350 McAllister Street 20 San Francisco 94102-3600 21 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 83 of 94 1 June 8, 2002 A.D. 2 Richard C. O’Hare 3 Rivkin Radler, LLP 4 1330 North Dutton Avenue, Suite 200 5 Santa Rosa 95401-4646 6 CALIFORNIA, USA 7 8 Subject: Miranda Warning 9 Mitchell v. AOL Time Warner, Inc. et al. 10 Case No. #CIV S 01-1480 WBS DAD PS 11 12 Dear Mr. O’Hare: 13 14 MIRANDA WARNING
15 Pursuant to the holdings of the U.S. Supreme Court in Counselman v.
16 Hitchcock, 142 U.S. 547, 563 (1892), McCarthy v. Arndstein, 266 U.S.
17 34, 40 (1924), George Smith v. U.S., 337 U.S. 137 (1949), and Miranda
18 v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby given to you
19 that you have the Right to remain silent, under the Fifth Amendment;
20 you have the Right to assistance of Counsel, under the Sixth
21 Amendment; and, any thing which you say, or do, from this point
22 forward, can and will be held against you in the District Court of the
23 United States supra. See 18 U.S.C. 3231 (DCUS). Statutes conferring
24 original jurisdiction must be strictly construed [cites omitted here].
25 Notice to principals is notice to agents.
26 Notice to agents is notice to principals.
27 28 Sincerely yours, 29 30 /s/ Paul Andrew Mitchell 31 32 Paul Andrew Mitchell, B.A., M.S. 33 Private Attorney General (18 U.S.C. 1964(a)) 34 c/o Forwarding Agent 35 350 – 30th Street, Suite 444 36 Oakland 94609-3426 37 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 84 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 February 4, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 Warrington S. Parker, III 11 Quinn Emanuel Urquhart Oliver & Hedges, LLP 12 201 Sansome Street, 6th Floor 13 San Francisco 94104 14 CALIFORNIA, USA 15 16 tel: (415) 986-5700 17 fax: (415) 986-5707 18 19 Subject: Sections 6002, 6067 and 6126, 20 California Business and Professions Code 21 22 Greetings Mr. Parker: 23 24 I specifically deny that you are a member, in good standing, of the 25 State Bar of California. See Section 6002 supra. 26 27 28 NOTICE 29 30 Section 6067 of the California Business and Professions Code reads as 31 follows: 32 33 Every person on his admission shall take an oath to support the 34 Constitution of the United States and the Constitution of the 35 State of California, and faithfully to discharge the duties of 36 any attorney at law to the best of his knowledge and ability. A 37 certificate of oath shall be indorsed upon his license. 38 39 [bold emphasis added] 40 41 42 DEMAND 43 44 Formal DEMAND is hereby made of you to deliver a certified copy of 45 said certificate of oath to the mailing location shown below, no later 46 than 5:00 p.m. on Friday, February 15, 2002 A.D. (ten (10) days 47 hence). 48 49 Failure to perform will give Me probable cause to charge you with 50 violating Section 6126 of the California Business and Professions Code 51 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 52 Supremacy Clause (Constitution, Laws and Treaties). 53
1 Author’s Third Verified Criminal Complaint: Page 85 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 10 U.S. Mail: 11 12 c/o General Delivery 13 Phillipsville 95559-9999 14 CALIFORNIA, USA 15 16 copy: State Bar of California 17 180 Howard Street 18 San Francisco 94105-1639 19 CALIFORNIA, USA 20 21 State Bar of California 22 1149 South Hill Street 23 Los Angeles 90015-2299 24 CALIFORNIA, USA 25 26 Clerk of Court 27 Supreme Court of California 28 350 McAllister Street 29 San Francisco 94102-3600 30 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 86 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: Mr. Warrington S. Parker, III 6 Quinn Emanuel Urquhart Oliver & Hedges, LLP 7 201 Sansome Street, 6th Floor 8 San Francisco 94104 9 CALIFORNIA, USA 10 11 tel: (415) 986-5700 12 fax: (415) 986-5707 13 14 FROM: Paul Andrew Mitchell, Plaintiff 15 Mitchell v. AOL Time Warner, Inc. et al. 16 Case No. #CIV S 01-1480 WBS DAD PS 17 Ninth Circuit Appeal #02-15269 18 19 DATE: April 3, 2002 A.D. 20 21 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 22 February 4, 2002 A.D. 23 24 25 Greetings Mr. Parker: 26 27 On February 4, 2002 A.D., I transmitted to you, via first class U.S. 28 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 29 copy of the certificate of oath required by Section 6067 of the 30 California Business and Professions Code, and that you do so no later 31 than 5:00 p.m. on Friday, February 15, 2002 A.D. 32 33 As of that reasonable deadline, I have not received said certified 34 copy, from you or from any one or anything else. 35 36 Accordingly, you are now in default. 37 38 39 VERIFICATION 40 41 The Undersigned hereby verifies, under penalty of perjury, under the 42 laws of the United States of America, without the “United States” 43 (federal government), that the above statement of facts and laws is 44 true and correct, according to the best of My current information, 45 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 46 47 48 Dated: April 3, 2002 A.D. 49 50 51 Signed: /s/ Paul Andrew Mitchell 52 ______53 Paul Andrew Mitchell, Sui Juris 54 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 87 of 94 1 U.S. Mail: 2 3 c/o P.O. Box 370 4 Sunset Beach 90742 5 CALIFORNIA, USA 6 7 copy: State Bar of California 8 180 Howard Street 9 San Francisco 94105-1639 10 CALIFORNIA, USA 11 12 State Bar of California 13 1149 South Hill Street 14 Los Angeles 90015-2299 15 CALIFORNIA, USA 16 17 Clerk of Court 18 Supreme Court of California 19 350 McAllister Street 20 San Francisco 94102-3600 21 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 88 of 94 1 June 8, 2002 A.D. 2 Warrington S. Parker, III 3 Quinn Emanuel Urquhart Oliver & Hedges, LLP 4 201 Sansome Street, 6th Floor 5 San Francisco 94104 6 CALIFORNIA, USA 7 8 Subject: Miranda Warning 9 Mitchell v. AOL Time Warner, Inc. et al. 10 Case No. #CIV S 01-1480 WBS DAD PS 11 12 Dear Mr. Parker: 13 14 MIRANDA WARNING
15 Pursuant to the holdings of the U.S. Supreme Court in Counselman v.
16 Hitchcock, 142 U.S. 547, 563 (1892), McCarthy v. Arndstein, 266 U.S.
17 34, 40 (1924), George Smith v. U.S., 337 U.S. 137 (1949), and Miranda
18 v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby given to you
19 that you have the Right to remain silent, under the Fifth Amendment;
20 you have the Right to assistance of Counsel, under the Sixth
21 Amendment; and, any thing which you say, or do, from this point
22 forward, can and will be held against you in the District Court of the
23 United States supra. See 18 U.S.C. 3231 (DCUS). Statutes conferring
24 original jurisdiction must be strictly construed [cites omitted here].
25 Notice to principals is notice to agents.
26 Notice to agents is notice to principals.
27 28 Sincerely yours, 29 30 /s/ Paul Andrew Mitchell 31 32 Paul Andrew Mitchell, B.A., M.S. 33 Private Attorney General (18 U.S.C. 1964(a)) 34 c/o Forwarding Agent 35 350 – 30th Street, Suite 444 36 Oakland 94609-3426 37 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 89 of 94 1 Via First Class U.S. Mail 2 (out of necessity) 3 February 4, 2002 A.D. 4 5 6 NOTICE AND DEMAND FOR 7 EXHIBITION OF CERTIFICATE 8 9 10 Christopher M. Patti 11 Office of the General Counsel 12 University of California 13 1111 Franklin Street, 8th Floor 14 Oakland 94607-5200 15 CALIFORNIA, USA 16 17 tel: (510) 987-9800 18 fax: (510) 987-9757 19 20 Subject: Sections 6002, 6067 and 6126, 21 California Business and Professions Code 22 23 Greetings Mr. Blair: 24 25 I specifically deny that you are a member, in good standing, of the 26 State Bar of California. See Section 6002 supra. 27 28 29 NOTICE 30 31 Section 6067 of the California Business and Professions Code reads as 32 follows: 33 34 Every person on his admission shall take an oath to support the 35 Constitution of the United States and the Constitution of the 36 State of California, and faithfully to discharge the duties of 37 any attorney at law to the best of his knowledge and ability. A 38 certificate of oath shall be indorsed upon his license. 39 40 [bold emphasis added] 41 42 43 DEMAND 44 45 Formal DEMAND is hereby made of you to deliver a certified copy of 46 said certificate of oath to the mailing location shown below, no later 47 than 5:00 p.m. on Friday, February 15, 2002 A.D. (ten (10) days 48 hence). 49 50 Failure to perform will give Me probable cause to charge you with 51 violating Section 6126 of the California Business and Professions Code 52 (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the 53 Supremacy Clause (Constitution, Laws and Treaties). 54
1 Author’s Third Verified Criminal Complaint: Page 90 of 94 1 Sincerely yours, 2 3 /s/ Paul Andrew Mitchell 4 5 Paul Andrew Mitchell 6 Author, Damaged Party and Plaintiff, 7 Mitchell v. AOL Time Warner, Inc. et al. 8 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 9 10 U.S. Mail: 11 12 c/o General Delivery 13 Phillipsville 95559-9999 14 CALIFORNIA, USA 15 16 copy: State Bar of California 17 180 Howard Street 18 San Francisco 94105-1639 19 CALIFORNIA, USA 20 21 State Bar of California 22 1149 South Hill Street 23 Los Angeles 90015-2299 24 CALIFORNIA, USA 25 26 Clerk of Court 27 Supreme Court of California 28 350 McAllister Street 29 San Francisco 94102-3600 30 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 91 of 94 1 NOTICE OF DEFAULT 2 BY AFFIDAVIT 3 4 5 TO: Christopher M. Patti 6 Office of the General Counsel 7 University of California 8 1111 Franklin Street, 8th Floor 9 Oakland 94607-5200 10 CALIFORNIA, USA 11 12 tel: (510) 987-9800 13 fax: (510) 987-9757 14 15 FROM: Paul Andrew Mitchell, Plaintiff 16 Mitchell v. AOL Time Warner, Inc. et al. 17 Case No. #CIV S 01-1480 WBS DAD PS 18 Ninth Circuit Appeal #02-15269 19 20 DATE: April 3, 2002 A.D. 21 22 SUBJECT: NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, 23 February 4, 2002 A.D. 24 25 Greetings Mr. Patti: 26 27 On February 4, 2002 A.D., I transmitted to you, via first class U.S. 28 Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified 29 copy of the certificate of oath required by Section 6067 of the 30 California Business and Professions Code, and that you do so no later 31 than 5:00 p.m. on Friday, February 15, 2002 A.D. 32 33 As of that reasonable deadline, I have not received said certified 34 copy, from you or from any one or anything else. 35 36 Accordingly, you are now in default. 37 38 39 VERIFICATION 40 41 The Undersigned hereby verifies, under penalty of perjury, under the 42 laws of the United States of America, without the “United States” 43 (federal government), that the above statement of facts and laws is 44 true and correct, according to the best of My current information, 45 knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). 46 47 48 Dated: April 3, 2002 A.D. 49 50 51 Signed: /s/ Paul Andrew Mitchell 52 ______53 Paul Andrew Mitchell, Sui Juris 54 Author, Damaged Party and Plaintiff
1 Author’s Third Verified Criminal Complaint: Page 92 of 94 1 U.S. Mail: 2 3 c/o P.O. Box 370 4 Sunset Beach 90742 5 CALIFORNIA, USA 6 7 copy: State Bar of California 8 180 Howard Street 9 San Francisco 94105-1639 10 CALIFORNIA, USA 11 12 State Bar of California 13 1149 South Hill Street 14 Los Angeles 90015-2299 15 CALIFORNIA, USA 16 17 Clerk of Court 18 Supreme Court of California 19 350 McAllister Street 20 San Francisco 94102-3600 21 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 93 of 94 1 June 8, 2002 A.D. 2 Christopher M. Patti 3 Office of the General Counsel 4 University of California 5 1111 Franklin Street, 8th Floor 6 Oakland 94607-5200 7 CALIFORNIA, USA 8 9 Subject: Miranda Warning 10 Mitchell v. AOL Time Warner, Inc. et al. 11 Case No. #CIV S 01-1480 WBS DAD PS 12 13 Dear Mr. Patti: 14 15 MIRANDA WARNING
16 Pursuant to the holdings of the U.S. Supreme Court in Counselman v.
17 Hitchcock, 142 U.S. 547, 563 (1892), McCarthy v. Arndstein, 266 U.S.
18 34, 40 (1924), George Smith v. U.S., 337 U.S. 137 (1949), and Miranda
19 v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby given to you
20 that you have the Right to remain silent, under the Fifth Amendment;
21 you have the Right to assistance of Counsel, under the Sixth
22 Amendment; and, any thing which you say, or do, from this point
23 forward, can and will be held against you in the District Court of the
24 United States supra. See 18 U.S.C. 3231 (DCUS). Statutes conferring
25 original jurisdiction must be strictly construed [cites omitted here].
26 Notice to principals is notice to agents.
27 Notice to agents is notice to principals.
28 29 Sincerely yours, 30 31 /s/ Paul Andrew Mitchell 32 33 Paul Andrew Mitchell, B.A., M.S. 34 Private Attorney General (18 U.S.C. 1964(a)) 35 c/o Forwarding Agent 36 350 – 30th Street, Suite 444 37 Oakland 94609-3426 38 CALIFORNIA, USA
1 Author’s Third Verified Criminal Complaint: Page 94 of 94