Court Discuss the tactics used by the court system, and how to develop your counter-tactics for success in the courtroom, dealing with citations, criminal and civil matters.


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  #1  
Old 07-19-2006, 01:09 PM
GotBoost? GotBoost? is offline
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Signing The Ticket

When signing the ticket, the ticket says appear ON OR BEFORE this assigned date, and then you sign it. When you sign the ticket, you have agreed to appear ON OR BEFORE the assigned date. If i show up to the court clerk 4 days after recieving the ticket, (It is still considered ON OR BEFORE the date), the clerk will have no record of it, because it would not be in the system. But the whole point is when i signed the ticket, it didnt tell me anything about giving them proper time to enter the ticket just asked me to take care of the ticket ON OR BEFORE the date. If i were to give the clerk an affidavit of negative averment and also get the document noterized, and also have a witness with me, is there a possibility to get the ticket signed off by the clerk??
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  #2  
Old 07-19-2006, 01:35 PM
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Codee Codee is offline
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NO.

The clerk will note on the docket that you were at the counter.

An apearance is defined as more than just showing your face.

This is the easiest way (in red)
Quote:
West's Ann.Cal.C.C.P. (2002), § 1014 reads:

A defendant appears in an action when the defendant answers, demurs, files a notice of motion to strike, files a motion to transfer pursuant to Section 396b, moves for reclassification pursuant to Section 403.040, gives the plaintiff written notice of appearance, or when an attorney gives notice of appearance for the defendant. After appearance, a defendant or defendant's attorney is entitled to notice of all subsequent proceedings of which notice is required to be given. Where a defendant has not appeared, service of notice or papers need not be made upon the defendant.

However be careful because a ticket can be used as a complaint to which a person may plead guilty or no contest to. They may use it as a complaint until you plead otherwise. Plead that there is no PJ and then SMJ and this should get the ticket out of the realm of complaint (not sure if dillatory pleas count, but I have one going to appeal right now to deside.)

Quote:
The California Supreme Court has defined "appearance" thus:

"Appearance" is defined by Bouvier to be "a coming into court as a party to a suit, whether as plaintiff or defendant; the formal proceeding by which a defendant submits himself to the jurisdiction of the court"; while the word "defend" is defined in Black's Law Dictionary as follows: "To contest and endeavor to defeat a claim or demand against one in a court of justice."
Boehmer v. Big Rock Irr. Dist. (1897), 117 Cal. 19, 28; 48 Pac. 908.

This tells us to make that appearance special.

Quote:
A California appellate court further explained "appearance":

The words "answer" and "appear" are not synonymous. To construe the word "answer" as used in section 581a as including every "appearance" would amount to judicial legislation, which is beyond the authority of the court. Section 437 Code of Civil Procedure provides that "The answer of the defendant shall contain: 1. A general or specific denial of the material allegations of the complaint controverted by the defendant. 2. A statement of any new matter constituting a defense or counterclaim." ... Section 1014 of the same code provides that "A defendant appears in an action when he answers, demurs, or gives the plaintiff written notice of his appearance, or when an attorney gives notice of an appearnce for him." This section makes it plain that, although an answer is an appearance, an appearance is not necessarily an answer.
(emphasis added) Schultz v. Schultz (1945), 70 Cal.App.2d 293, 298-299; 161 P.2d 36.

And following is the jurisdictional part

Quote:
California appellate courts have held:

[1] Jurisdiction of the person is obtained by the legal service of a valid process issued out of a court of competent jurisdiction in a case or proceeding properly pending, or by a party voluntarily appearing, or by his seeking, taking or agreeing to some act or step in the proceeding or action to his benefit, or to the detriment of the other party, other than by one contesting the jurisdiction over his person only. (Sec. 1014, Code Civ. Proc; Chaplin v. Superior Court, 81 Cal. App. 367 [253 Pac. 954]; Grinbaum v. Superior Court, 192 Cal. 528 [221 Pac. 635].)...
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Last edited by Codee : 07-19-2006 at 05:12 PM.
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  #3  
Old 07-19-2006, 01:49 PM
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Think about the fraud involved.

They are forcing you to promise to do something of which you have no knowledge of the future of
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  #4  
Old 07-19-2006, 02:22 PM
greatwolf75 greatwolf75 is offline
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Did you ask to see his oath of office? The way I now understand it, no oath, no office, therefore, not valid. Of course then you'd have a fight on your hands over that one.
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Old 07-19-2006, 03:20 PM
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appear v appearance

Funny that after a conversation last week I have been searching again for a definition of the word appear.
I have searched through as many different law dictionaries both in hard copies and also on the net and I still cannot find the definition.
I have found within a 1938 Websters Universal Dictionary the word appear as dictioned. As this is not a definitionary.
Ap-pear',v.i.:
1. to come or be in sight; to be in view;to be visable
And god said....let the dry land appear.
-Gen.i.9
2.To become visible to the apprehension of the mind; to be obvious; to be known, as a subject of observation or comprehension; to become manifest; to be clear or made clear by evidence.
It doth not yet appear what we shall be.
-1 John iii. 2.
3.To come into light of publicity; to become generally noticed or known; to come before the public; as, a great statesman has appeared; this magazine appeares monthly.
4.To come into the presence of, as parties or advocates before a court, or as persons to be tried; as, the defendant, being called,
did not appear either in person or by an attorney.
5.To seem; to look; to have the appearance of being; as, the facts appear favorable; the man appears to be a mile off.

Maybe Dictionary needs to be dictioned.

dic·tio·nary
Pronunciation: 'dik-sh&-"ner-E, -"ne-rE
Function: noun
Inflected Form(s): plural -nar·ies
Etymology: Medieval Latin dictionarium, from Late Latin diction-, dictio word, from Latin, speaking
1 : a reference source in print or electronic form containing words usually alphabetically arranged along with information about their forms, pronunciations, functions, etymologies, meanings, and syntactical and idiomatic uses
2 : a reference book listing alphabetically terms or names important to a particular subject or activity along with discussion of their meanings and applications
3 : a reference book giving for words of one language equivalents in another
4 : a computerized list (as of items of data or words) used for reference (as for information retrieval or word processing)

dic·tion
Pronunciation: 'dik-sh&n
Function: noun
Etymology: Latin diction-, dictio speaking, style, from dicere to say; akin to Old English tEon to accuse, Latin dicare to proclaim, dedicate, Greek deiknynai to show, dikE judgment, right
1 obsolete : verbal description
2 : choice of words especially with regard to correctness, clearness, or effectiveness
3 a : vocal expression : ENUNCIATION b : pronunciation and enunciation of words in singing.

Of course I can find the diction (Not definition)for appearance within blacks and other law dictionaries but you would think that this would be a past tense of the word appear but then I certainly wouldn't want to ass-u-me this to be true.

On the ticket that I have in front of me it does say within the box that I signed that states that I promise to appear in front of a clerk on such and such date.

It doesn't say that I promise to make an appearance in front of a clerk.

Can someone please find the definition or diction for appear in any law dictionary???? I would think that appear and apperance have two completely different meanings.
And to fall for the presumption or the misrepresentation that we must make an apperaance would be fatal.?
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  #6  
Old 07-19-2006, 03:38 PM
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Greetings and blessings to the holders of Codee and Weishaupt1776, and as well everyone near to attain the greatest joy to come upon them!

I've been visited by the agents of that WESTMINSTER POLICE DEPARTMENT no less than 7 times within two months. It's just typical crap that happens. I had a short stint with two perprestures about 1.5 months ago, one known as WESTMINSTER POLICE DEPARTMENT ANIMAL CONTROL SERVICE and the other known as WESTMINSTER ANIMAL CONTROL SERVICE. When the latter, WACS, fails to contract someone to agree to a seizure or investment then they try to hit you up with WPD ACS. Two notes to the holder of Codee is to known when to apply "no comment" and serve that COURT as opposed to "file." I'm their competitor. I'm not filing. Who, me? File? Stick my hand in your blender? BWAAAHAHHHHAAA -- here, stick your hand in my blender.

Quote:
Originally Posted by Codee
West's Ann.Cal.C.C.P. (2002), § 1014 reads:

A defendant appears in an action when the defendant answers, demurs, files a notice of motion to strike, files a motion to transfer pursuant to Section 396b, moves for reclassification pursuant to Section 403.040, gives the plaintiff written notice of appearance, or when an attorney gives notice of appearance for the defendant. After appearance, a defendant or defendant's attorney is entitled to notice of all subsequent proceedings of which notice is required to be given. Where a defendant has not appeared, service of notice or papers need not be made upon the defendant.

I suppose they like to record and print answers derived from their oral solicitations, as to prove someone has a debt to them that not even the alleged-creditor could have proven otherwise. "no comment" does well. I'm diverting all my effort to learning how to control their pleading in my Court, and their movements in this Court, whithal their competing from their Court. I had quite a ex-parte hearing on July 16 in my pajammas, for about 30 minutes. I got the third worst sun-burn in my life as usuall. The first worst sun-burn in my life was when the ACS fag failed to prove a complaint after 20 minutes of his mindless debate, so he called his WPD goons out and debated me for 2.5 hours under the sun. I received second and third-degree burns. I ate a pound of carrots, and was healed in three days.

Four days later, I walked 10-miles one-way into Santa Ana to visit the Sherrif to give him notice about a bunch of tresspassers, but only found a SHERRIF DEPARTMENT full of secretaries processing chattel and moving their property using remote-controled mechanisms. No Sherrif there, just a market. I brought a pomegranite club with me through that police-state, whereas I got a couple laughs when the police asked why I was carrying the club and I would respond that it's for the members that force their way to join.

Quote:
Originally Posted by weishaupt1776
Think about the fraud involved.

They are forcing you to promise to do something of which you have no knowledge of the future of

Witchcraft, because witches say they know the future. I once told a sandwitch that I knew what he would look like after I was done with him. On a more musical note, I knew this one great man (haven't seen him for two years), and he called their behavior and manners as to "switchcraft." They control their Weather(tm) of'course.

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  #7  
Old 07-19-2006, 03:55 PM
ezrhythm ezrhythm is offline
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Holder of RevokeTheTrust, Thank You.

Are you saying that you send them a letter that just says, "No comment."?

When you sign a ticket promising that you will appear then make a special appearance by mailing an affidavit, doesn't that satisfy any responsibility?

The issue should be resolved at that point.

Is it possible that the ticket isn't filed until the first 72 hours are up and that all that is needed is to respond by written appearance within the 72?
Could it be the Ticket Slayer doc's aren't needed, just filed for extra measures?

Last edited by ezrhythm : 07-19-2006 at 03:57 PM.
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  #8  
Old 07-19-2006, 05:18 PM
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Codee Codee is offline
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Quote:
Originally Posted by rentiap
It doesn't say that I promise to make an appearance in front of a clerk.

Can someone please find the definition or diction for appear in any law dictionary???? I would think that appear and apperance have two completely different meanings.
And to fall for the presumption or the misrepresentation that we must make an apperaance would be fatal.?

They are different.

To Appear = verb = infinitive

Appearance = noun = the act of appearing

Making (verb) an appearance (noun) by appearing (verb.)

You should be able to make a "special appearance" via mail, contesting the In personam jurisdiction of the court, and maintain your jurisdiction because you appeared specially. Just send it to the other attorney. Send only the proof of service of the appearance on the court clerk (also via mail.)
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Last edited by Codee : 07-19-2006 at 05:20 PM.
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  #9  
Old 07-19-2006, 05:29 PM
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Quote:
Originally Posted by RevokeTheTrust
Two notes to the holder of Codee is to known when to apply "no comment" and serve that COURT as opposed to "file." I'm their competitor. I'm not filing. Who, me? File? Stick my hand in your blender? BWAAAHAHHHHAAA -- here, stick your hand in my blender.

I have a hard time following your entire text.

However YES, I do not FILE an appearance with the court, I serve them only with proof of appearance after I give "notice" of appeance to the opposing attorney. I also post notice of apperance in the local paper and let it run for seven days.
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Old 07-19-2006, 06:06 PM
ezrhythm ezrhythm is offline
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Then the matter is completely settled?
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