Challenging Court Jurisdiction

[SteveB]

I have been a member of the forum for some time now. I have taken a slow approach and have just recently applied myself with the knowledge I have attained from this forum and a lot of musing and reading. And now I think it is about time I place my first post and introduce myself.

I have a bit of a Challenge.

I recently won a Federal Court a Judgment against my lender for a billing error dispute regarding a loan on my property. I had much evidence and adminstrative remedies at my disposal to accumulate evidence and to build my case. This was done and I presented my case to the Fed District Court in Albany NY. The court issued a Judgment and Collateral Estoppel against the lender.
The Court recognized my adminstrative remedy with the provision to transfer agency to me if the lender refused or fell silent, (the ability to transfer title) and damages for not settling the matter honorably in a fair amount of time. So I was awarded the judicial recognition of the Fed Court of my administrative process. That was a feat in itself!
The court served the lender and the lender has been silent about this matter for nearly a year.

I just recently recieved a letter from an attorney's office representing the lender indicating that they are sueing me in California Superior Court for slander of title. Not for the anything else!

Even though I have the documents indicating the lender tacitly agreed to allow me to act as my own agent to transfer title if they refused to do so. And, the Fed Court Judgment which was inclusive of this and other provisions.

I am not worried so much as to the defense of the slander of title charge as much as I am concerned about an inferior court hearing a case which was settled by a higher court.

I have been spending many hours on www.findlaw.com searching under California Code of Civil Procedure to find some type of statute which precludes a State Judge from establishing jurisdiction over a matter which has already been settled by a higher court.

I know that this is a bit odd of a request. But I would most appreciate any help from anyone in the forum who could offer in helping me find some cites or statues which would support this position of Challenging California Superior Court Jurisdiction or defending the fact of the Res Judicata from the Fed Court.

SteveB

[charlesa6]

SteveB, welcome to the suijuris forum.

Have you met our janitor, HB yet? If he causes any trouble give me a buzz.

[gldskr]

I this in regards to a real estate transaction or something else?

gldskr

[charlesa6]

You have to challenge their jurisdiction.
To be "justifiable" the claim must be suitable for judicial inquiry, which requires determing whether the controversy (a) is definite and concrete, (b) concerns legal relations among parties with adverse interests and (c) is real and substantial so as to be capable or deny specific of conclusive nature. "Dank v. Benson, 2000 OK 40, 5P. 3d 1088, 1091. See also ,12 O.S. & 1651. See also, Eastwood v. Choctaw County District Attorney, 45 P.3d 436, 2002 OK CIV APP 41 (OKla. App. 01/11/2002.
Only by the filing of information which complies with mandatory statutory requirement can the court obtain subject matter jurisdiction which empowers the court to adjudicate the matters presented to it.
Even if a court (judge) has or appears to have subject matter jurisdiction, subject matter jurisdiction can be lost. Where no justifiable issue is presented to the court through pleadings, Ligon v Williams 264 III. App.3d 701, 637 N.E. 2d 633 (ist dist. 1994).
when subject matter jurisdiction is challeged, the party asserting that the court has subject matter jurisdiction has the burden of showing that it exists on the record.
once the court has knowledge that subject matter is lacking, the court has no discrection but to dismiss the action.
Failure to dismiss means that the court is proceeding in clear absence of all jurisdictions and the judgment would be void.
There is more if you need it but do some research to get
acquaintance with it.

[SteveB]

Originally Posted by gldskr

I this in regards to a real estate transaction or something else?

gldskr

Yes, This is in regards to a real estate transaction.

SteveB

[David Merrill]

Originally Posted by SteveB

I have been a member of the forum for some time now. I have taken a slow approach and have just recently applied myself with the knowledge I have attained from this forum and a lot of musing and reading. And now I think it is about time I place my first post and introduce myself.

I have a bit of a Challenge.

I recently won a Federal Court a Judgment against my lender for a billing error dispute regarding a loan on my property. I had much evidence and adminstrative remedies at my disposal to accumulate evidence and to build my case. This was done and I presented my case to the Fed District Court in Albany NY. The court issued a Judgment and Collateral Estoppel against the lender.
The Court recognized my adminstrative remedy with the provision to transfer agency to me if the lender refused or fell silent, (the ability to transfer title) and damages for not settling the matter honorably in a fair amount of time. So I was awarded the judicial recognition of the Fed Court of my administrative process. That was a feat in itself!
The court served the lender and the lender has been silent about this matter for nearly a year.

I just recently recieved a letter from an attorney's office representing the lender indicating that they are sueing me in California Superior Court for slander of title. Not for the anything else!

Even though I have the documents indicating the lender tacitly agreed to allow me to act as my own agent to transfer title if they refused to do so. And, the Fed Court Judgment which was inclusive of this and other provisions.

I am not worried so much as to the defense of the slander of title charge as much as I am concerned about an inferior court hearing a case which was settled by a higher court.

I have been spending many hours on www.findlaw.com searching under California Code of Civil Procedure to find some type of statute which precludes a State Judge from establishing jurisdiction over a matter which has already been settled by a higher court.

I know that this is a bit odd of a request. But I would most appreciate any help from anyone in the forum who could offer in helping me find some cites or statues which would support this position of Challenging California Superior Court Jurisdiction or challenging over the fact of the Res Judicata from the Fed Court.

SteveB

You will find somewhere in the California Statute a requirement that the lender produce the original note or an affidavit of loss or theft. That is where the rubber meets the road.

Instead of repeating myself and finding the links and attachments Search "Credit River" for my posts past.


Regards,

David Merrill.

[idknow]

Originally Posted by SteveB

I have been a member of the forum for some time now. I have taken a slow approach and have just recently applied myself with the knowledge I have attained from this forum and a lot of musing and reading. And now I think it is about time I place my first post and introduce myself.

I have a bit of a Challenge.

I recently won a Federal Court a Judgment against my lender for a billing error dispute regarding a loan on my property. I had much evidence and adminstrative remedies at my disposal to accumulate evidence and to build my case. This was done and I presented my case to the Fed District Court in Albany NY. The court issued a Judgment and Collateral Estoppel against the lender.
The Court recognized my adminstrative remedy with the provision to transfer agency to me if the lender refused or fell silent, (the ability to transfer title) and damages for not settling the matter honorably in a fair amount of time. So I was awarded the judicial recognition of the Fed Court of my administrative process. That was a feat in itself!
The court served the lender and the lender has been silent about this matter for nearly a year.

I just recently recieved a letter from an attorney's office representing the lender indicating that they are sueing me in California Superior Court for slander of title. Not for the anything else!

Even though I have the documents indicating the lender tacitly agreed to allow me to act as my own agent to transfer title if they refused to do so. And, the Fed Court Judgment which was inclusive of this and other provisions.

I am not worried so much as to the defense of the slander of title charge as much as I am concerned about an inferior court hearing a case which was settled by a higher court.

I have been spending many hours on www.findlaw.com searching under California Code of Civil Procedure to find some type of statute which precludes a State Judge from establishing jurisdiction over a matter which has already been settled by a higher court.

I know that this is a bit odd of a request. But I would most appreciate any help from anyone in the forum who could offer in helping me find some cites or statues which would support this position of Challenging California Superior Court Jurisdiction or challenging over the fact of the Res Judicata from the Fed Court.

SteveB

abate the process and action filed in California by showing that lower court in Cali that a higher New York court settled the issew and gave you the win.

this is called Comity.

[charlesa6]

Objections to Jurisdiction over Person

"Special Appearance." If service is improper, the defendant must file a motion to quash service of process before filing any other pleading. Unless the facts that constitute the basis for the objection are apparent from the papers on file, the motion must be supported by an affidavit. This motion is made only to object to jurisdiction over the person. WARNING: If defendant argues the case AT ALL, defendant has submitted to the court’s jurisdiction! The defendant should insist on a ruling on the jurisdictional issue. If the ruling is denied, defendant may walk out and appeal or proceed with case. If granted, the defendant should LEAVE!
This is Illinois Civil procedure:- check your own state for more information.
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+II+Pt%2E+3&ActI D=2017&ChapAct=735%A0ILCS%A05%2F&ChapterID=56&Chap terName=CIVIL+PROCEDURE&SectionID=61857&SeqStart=7 300&SeqEnd=8400&ActName=Code+of+Civil+Procedure%2E

[cz3000]

does the plaintiff have a charter/authority to sue / sue you in California?

Originally Posted by charlesa6

Objections to Jurisdiction over Person

"Special Appearance." If service is improper, the defendant must file a motion to quash service of process before filing any other pleading. Unless the facts that constitute the basis for the objection are apparent from the papers on file, the motion must be supported by an affidavit. This motion is made only to object to jurisdiction over the person. WARNING: If defendant argues the case AT ALL, defendant has submitted to the court’s jurisdiction! The defendant should insist on a ruling on the jurisdictional issue. If the ruling is denied, defendant may walk out and appeal or proceed with case. If granted, the defendant should LEAVE!
This is Illinois Civil procedure:- check your own state for more information.
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+II+Pt%2E+3&ActI D=2017&ChapAct=735%A0ILCS%A05%2F&ChapterID=56&Chap terName=CIVIL+PROCEDURE&SectionID=61857&SeqStart=7 300&SeqEnd=8400&ActName=Code+of+Civil+Procedure%2E

[ezrhythm]

I have posted info in regards to bringing up and challenging political jurisdiction;

http://www.suijuris.net/forum/citize...html#post90188