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From Utopian News -(clip)

The jurisdiction of Traffic Courts is based entirely on an unlawful process that is used to generate revenue for the county and state treasuries. The judicial system is fully aware of the conflict of interest that arises within that administrative tribunal called traffic court. The judges, referees, and attorneys know full well that this judicial process is unlawful under both the civil and criminal codes which prohibit the mixing of the two procedures. However, if the parties do not challenge the alleged jurisdiction at the beginning of the proceedings, the courts will assume your tacit agreement permits the traffic court to hear the infraction brought by a County District Attorney, if any? Many times the D.A. is never involved because the defendant waives his/her right to challenge the validity of the fallacious complaint submitted by the police officer and agrees to pay the penalty out of ignorance of your legal rights and of judicial procedure that is required to bring forth a lawful complaint. Most of us are completely ignorant of what constitutes a "sufficient civil complaint."

*The real "jurisdiction" of the civil code are the statutory laws for settling contract disputes and tort claims. A tort is defined as a private or civil wrong or injury, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages. Three elements of every tort action are: (1) the existence of a legal duty from defendant to plaintiff, (2) a breach of that duty, and a damage that resulted from the breach of a duty that arises by operation of law. By "operation of law" we mean that a duty arises [exists] by statute to protect or respect the personal and property rights of another individual.

*The legal wrong committed upon a person or his property is not based upon a contract, but upon an invasion of some legal right of the individual. For example, a careless driver of an automobile backs into another car while she is talking on her cellular telephone to her mother who is reprimanding her daughter for not leaving the garbage cans on the curb before leaving for school. The collision causes $1,200 in damages to the trunk of a 1995 ford sedan due to her negligence. She had a duty to be careful in the use of her automobile which she breached resulting in damage to property of another. The damaged party has a cause of action to recover the cost of repairs to restore his car to its original whole condition. This "property tort" is distinguished from a "personal tort" which involves an injury to the person or to his reputation or feelings (self-esteem).

*Another type of legal wrong can arise from a breach of a civil right, privilege, or immunity secured by the Constitution or State laws. This would be a Constitutional tort. The jurisdiction for a cause of action would arise under federal law at Title 42, U.S.C. Annotated, section 1983.

*A damaged party must present relevant evidence of the injury to his property or person to the tort-feasor and make a demand for compensation. The evidence can be photographs, a written estimate of repairs by competent repair shop, and a bill of claim of damages if repairs would exceed the value of the damaged property. If the tort-feasor is covered by insurance, the claim is submitted to the insurance claims adjuster representing the insurance company that was hired to protect the tort-feasor from actual financial liability. If the claim is settled in full to the satisfaction of the damaged party, the action is nullified. But, if no settlement can be reached to fulfill the compensation for the injury, then the dispute can be taking to a competent court of law for remedy and have it settle the claim between the parties. The claim is filed with the proper court by filing a (1) complaint for damages, (2) an affidavit of truth attesting to injury and damage, and (3) submitting substantiating evidence supported by witnesses to prove the relevant facts. Many claims fail the evidence test because the witness(es) is/are either not competent to testify to the facts (because of collusion or hearsay circumstances), or the material facts do not align with the circumstances. Without the three elements, the court would lack jurisdiction to hear the case and the action would be dismissed. A clever tort-feasor would file a demurrer to challenge the jurisdictional of the court if it lacked one of the three elements to prove jurisdiction. This is also known as a demand for "offer of proof" procedure.

*A damaged party has a limited amount of time for submitting a claim to the court for damages. If a claim is filed beyond the time limit specified by law in your venue, the claim fails because the statute of limitations [clock] has run down. Due process requires that the County D.A. in California bring you to trial within 45 days if you aren't incarcerated, unless you have waived time. Never, never waive time unless it is to your advantage. The burden of time is on the prosecutor because they are usually overworked with a large felony [criminal] caseload, and would rather not be bothered with a minor infraction. A favorite trick, that the D.A. might pull on you, is to serve you in open court at the arraignment with a written complaint if you have requested one previously. Always refuse service "for time" because they were required to serve you 14 days prior to your appearance and request the case be dismissed. Without a proper written complaint on the record, the court lacks jurisdiction [unless you mistakenly enter a plea, such as "guilty", "not-guilty", or "no contest" which is the same as a guilty plea]. Recuse the judge from hearing the case if he tries to enter a plea for you. If the judge acts as your attorney and tries to enter a plea, "Fire" the judge immediately who's acting as your legal representative and ask for a continuance to find your own competent counsel. The alternative to entering a plea is to file a demurrer challenging the court's jurisdiction which I will discuss below.

*Another type of civil claim for damages is based upon a breach of contract, the damaged party would file a complaint with the court and submit a copy of the disputed contract as evidence, stating which duty of the contract was not performed by the other party involved. Sometimes the courts will refer these types of settlements to arbitration instead of taking up the courts time.

*A traffic court is an administrative civil proceeding designed to fleece the public by imposing a secret jurisdiction devoid of constitutional protections. But, nevertheless, they must at least maintain the facade of due process. By using the facade to your advantage, you may be able to get your case dismissed prior to entering any plea to the charges. You must challenge this colorable jurisdiction at the beginning if you ever hope to achieve your remedy by getting the charges dismissed. If your traffic ticket does not involve actual damage to property or personal injury, the charges remain at the infraction level, whether its related to speeding, running a red light, or not wearing a seatbelt. All infractions are civil in nature and must therefore, follow civil procedure and the rules of evidence. The fastest way to obtain a dismissal is to challenge the court's jurisdiction by demurrer.

*The basis of the demurrer is the "insufficiency" of the face of the ticket. The traffic ticket is neither an affidavit claiming a damage or injury, and does not cite a specific statute that was breached causing a damage or injury to another party. A fictitious claimant has no standing to bring a claim before the court, and the prosecutor knows it. They just don't want you to know that. The State of California is a corporation, a fictitious entity and is not the real party in interest. The cop who signed the ticket has no valid claim for injury or damage and therefore is not a competent witness to a tort. The cop is not a party to a contract prior to the incident he is claiming party to. The material facts point to a complete lack of jurisdiction due to insufficiency of any alleged claim. No tort exists because no injured party has submitted any claim for damages. You must request a hearing date on the Law and Motion Calendar and file a demurrer and order with the court clerk. The D.A. must also be served with your papers 14 days before the court date. If you fail to serve the D.A. the court might just deny your submission for demurrer for lack of proper service unless the D.A. waives time and accepts your service in open court. Remember to file your proof of service with the court clerk and have your copy endorsed with a time stamp as well.

*At the Law and Motion Hearing, restate your demurrer in open court and demand that the judge sign the order to sustain or deny the demurrer giving the legal reason for the signed order, or in the alternative dismiss the charges for lack of jurisdiction for insufficiency of the face of the ticket on the record