Paul Andrew Mitchell, Sui Juris

c/o Forwarding Agent at:

350 – 30th Street, Suite 444

Oakland 94609-3426

CALIFORNIA, USA

 

In Propria Persona

 

All Rights Reserved

without Prejudice

 

 

 

 

 

District Court of the United States

 

Eastern Judicial District of California

 

 

Paul Andrew Mitchell,         ) No. CIV. S-01-1480 WBS DAD PS

                              )

          Plaintiff,          ) NOTICE AND DEMAND

                              ) FOR PROOF OF FRAUD:

     v.                       )

                              ) 28 U.S.C. 1654

AOL Time Warner, Inc. et al., )

                              )

          Defendants.         )

______________________________)

COMES NOW Paul Andrew Mitchell, Plaintiff in the above entitled case, Citizen of California, Private Attorney General and Federal Witness, formally to demand of Mr. Geoffrey A. Goodman verified proof that Plaintiff’s previously filed NOTICES OF JUDICIAL DEFAULT are fraudulent by intent.

At the preliminary hearing held on December 14, 2001 A.D. in the instant case, which Plaintiff attended with counsel and expressly Under Protest, Mr. Goodman alleged that Plaintiff’s previously filed NOTICES OF JUDICIAL DEFAULT are “fraudulent” [sic].

Plaintiff hereby specifically denies that said NOTICES are fraudulent, and also specifically denies that either actual fraud or constructive fraud were Plaintiff’s real intent in executing, filing and serving said NOTICES.

Plaintiff believes that the burden of proving fraud falls on the one(s) making the allegation. [citations omitted]

Plaintiff also believes that an unsubstantiated allegation of fraud is tantamount to defamation, and/or defamation per se. [citations omitted]

Unlawful attacks on one’s reputation are violations of fundamental Rights guaranteed by Article 17 in the International Covenant on Civil and Political Rights (“Covenant”), and by Article 12 in the Universal Declaration of Human Rights (“Declaration”).

Article 17 in the Covenant reads:

1.   No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

 

2.   Everyone has the right to the protection of the law against such interference or attacks.

 
[bold emphasis added]

Article 12 in the Declaration reads:

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation.  Everyone has the right to the protection of the law against such interference or attacks.

 
[bold emphasis added]

Defamation is also actionable under California State law, particularly occurring as it did in open court, in Sacramento, California, within hearing range of witnesses.

Those witnesses included Plaintiff’s counsel and next friend, U.S. Magistrate Dale A. Drozd, the courtroom clerk(s), a U.S. Marshall, Wesley C.J. Ehlers, Susan H. Handelman, Eugene J. Majeski, an attorney appearing telephonically, and Plaintiff, all of whom were present to hear the offending statement accusing Plaintiff of fraud.

Plaintiff believes that the attorney appearing telephonically was Mr. Walter P. DeForest of DeForest & Koscelnik in Pittsburgh, Pennsylvania, and possibly others listening on a speakerphone at this law firm.

Plaintiff is offended, and damaged, by this unnecessary and unfounded accusation, expressing as it did an arbitrary and unlawful attack on Plaintiff’s honor and reputation.

 

NOTICE OF DEADLINE

Accordingly, Plaintiff hereby demands that Mr. Geoffrey A. Goodman file and serve certified proof of fraud, and certified proof of fraudulent intent, in the matter of Plaintiff’s NOTICES OF JUDICIAL DEFAULT, no later than 5:00 p.m. on Friday, February 15, 2001 A.D. (approximately thirty (30) days hence).

Beyond that deadline, Plaintiff will proceed on the basis of the presumption that Mr. Geoffrey A. Goodman does not have any proof of fraud, and does not have any proof of fraudulent intent.

Absent said proofs, Plaintiff reserves His fundamental Right to seek appropriate and effective judicial remedies, in this case and/or other case(s) not yet filed, for actual, consequential and exemplary damages attributable to this arbitrary attack on His honor and reputation.

 

PARTIAL LIST OF PERTINENT AUTHORITIES

See cases under 28 U.S.C.A. 1654 and 28 U.S.C.S. 1654;  also In re Gossage, 99 Cal.Rptr.2d 130, 23 Cal.4th 1080, 5 P.3d 186 (2000) (attorneys must possess good moral character which includes ... obedience to the laws of the State and nation, and respect for the rights of others and for the judicial process);  U.S. v. High Country Broadcasting Co., 3 F.3d 1244 (9th Cir. 1993) (entry of default judgment was appropriate when unlicensed corporate president attempted to represent corporation in court);  U. S. v. Tweel, 550 F.2d 297, 299 (1977) (silence can be equated with fraud when there is a legal or moral duty to speak);  Carmine v. Bowen, 64 A. 932 (1906) (silence constitutes an implied representation of the existence of the state of facts in question and will operate as an estoppel).

 

VERIFICATION

I, Paul Andrew Mitchell, Sui Juris, Plaintiff in the above entitled action, hereby verify under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1).

 

Dated:   January 14, 2002 A.D.

 

Signed:  /s/ Paul Andrew Mitchell

         ___________________________________________

Printed: Paul Andrew Mitchell, B.A., M.S., Sui Juris


PROOF OF SERVICE

I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that I am at least 18 years of age, a Citizen of ONE OF the United States of America, and that I personally served the following document(s):

 

NOTICE AND DEMAND

FOR PROOF OF FRAUD:

28 U.S.C. 1654

 

by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:

 

Clerk of Court (2 copies)

District Court of the United States

501 “I” Street, Suite 4-200

Sacramento 95814-2322

CALIFORNIA, USA

 

 

Courtesy copies to:

 

Ropers, Majeski, Kohn & Bentley     DeForest & Koscelnik

(failed to exhibit oaths)          (failed to exhibit oath)

1001 Marshall Street                3000 Koppers Building

Redwood City 94063                  436 Seventh Avenue

CALIFORNIA, USA                     Pittsburgh 15219

                                    PENNSYLVANIA, USA

 

Murphy Austin Adams Schoenfeld LLP  Pillsbury Winthrop LLP

(failed to exhibit oaths)          (failed to exhibit oaths)

P.O. Box 1319                       400 Capitol Mall, Suite 1700

Sacramento 95814-1319               Sacramento 95814-4419

CALIFORNIA, USA                     CALIFORNIA, USA

 

Curiale Dellaverson Hirschfeld      Quinn Emanuel Urquhart Oliver

Kraemer & Sloan, LLP                & Hedges, LLP

(oaths requested)                   (oaths requested)

727 Sansome Street                  201 Sansome Street, 6th Floor

San Francisco 94111                 San Francisco 94104

CALIFORNIA, USA                     CALIFORNIA, USA

 

Dated:   January 15, 2002 A.D.

 

Signed:  /s/ Paul Andrew Mitchell

         __________________________________________________

Printed: Paul Andrew Mitchell, Plaintiff In Propria Persona

         (notPro Se” [sic])