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In Propria Persona

without Prejudice

Superior Court of California

San Diego County

Paul Andrew Mitchell, ) Case No. GIC807057

)

Plaintiff, ) PLAINTIFF’S THIRD

v. ) VERIFIED CRIMINAL COMPLAINT

) ON INFORMATION:

AOL Time Warner, Inc., et al., )

) 18 U.S.C. 4 et seq.;

Defendants. ) 28 U.S.C. 1746; Supremacy Clause;

) CBPC §§ 6067, 6068, 6126, 6128;

_________________________________) and California Penal Code § 182.

COMES NOW Paul Andrew Mitchell, Plaintiff in the above entitled case, Citizen of California, Private Attorney General and Federal Witness, to provide formal notice to all interested parties, and to demand mandatory judicial notice by this honorable Court, of this, PLAINTIFF’S THIRD VERIFIED CRIMINAL COMPLAINT ON INFORMATION charging the following named individuals with the corresponding criminal violations enumerated infra.

Plaintiff hereby formally charges:

Scott Lewis Kays formerly dba State Bar Number (“SBN”) #71440 with:

commission of a misdemeanor by the unauthorized practice of law and by failing to indorse and failing to exhibit the Certificate of Oath that is required to be indorsed upon a license to practice law in the State of California by sections 6067 and 6068 of the California Business and Professions Code, in violation of section 6126 of same (two counts), and in a manner that constitutes fraudulent concealment for which there is no statute of limitations;

commission of a misdemeanor by consenting to collusion with others charged herein, and deceit with the intent to deceive a Party, by failing to support the Constitution and all other laws of the United States and of the State of California, by employing means that are not consistent with the truth, and by seeking to mislead a judicial officer by an artifice or false statement of fact or law, in violation of sections 6068 and 6128 of the California Business and Professions Code (two or more counts), and in a manner that constitutes fraudulent concealment for which there is no statute of limitations; and,

commission of a misdemeanor by conspiring with others charged herein (1) to commit all of the crimes enumerated above, (2) to cheat and defraud a Person of property by means which are in themselves criminal, and to obtain money or property by false pretenses, and (3) to pervert and obstruct justice and the due administration of the laws, all in violation of California Penal Code section 182 (one or more counts), and in a manner that constitutes fraudulent concealment for which there is no statute of limitations.

George Milton Carpenter dba State Bar Number (“SBN”) #205165 with:

commission of a felony by placing in a post office, or in an authorized depository for mail, matter to be sent and delivered by the Postal Service, for the purposes of executing a scheme or artifice to defraud, and of obtaining money by means of false and fraudulent pretenses, representations or promises, after having devised or intended to devise said scheme or artifice to defraud and to obtain money by means of false and fraudulent pretenses, representations or promises, in violation of 18 U.S.C. 1341 (two or more counts);

commission of a felony by conspiring to engage in a pattern of racketeering activity as a direct result of committing two or more of the predicate acts itemized supra and at 18 U.S.C. 1961 during the preceding ten (10) calendar years, in violation of 18 U.S.C. 1962 (one or more counts);

commission of a misdemeanor by consenting to collusion and deceit with the intent to deceive a court and Party, by failing to support the Constitution and all other laws of the United States and of the State of California, by employing means that are not consistent with the truth, and by seeking to mislead a judge or other judicial officer by an artifice or false statement of fact or law, in violation of sections 6068 and 6128 of the California Business and Professions Code (two or more counts); and,

commission of a felony by conspiring with others also charged herein (1) to commit all of the crimes enumerated above, (2) to cheat and defraud a Person of property by means which are in themselves criminal, and to obtain money or property by false pretenses, and (3) to pervert and obstruct justice and the due administration of the laws, all in violation of California Penal Code section 182 (one or more counts).

Michael Joseph Cook dba State Bar Number (“SBN”) #131200 with:

Kirk Edward Giberson dba State Bar Number (“SBN”) #125155 with:

Howard Scott Nevins dba State Bar Number (“SBN”) #119366 with:

Ronald Hubert Sargis dba State Bar Number (“SBN”) #105173 with:

Martin B. Steiner dba State Bar Number (“SBN”) #109437 with:

Kenneth R. Stone dba State Bar Number (“SBN”) #67717 with:

Timothy Dale Taron dba State Bar Number (“SBN”) #72890 with:

Michael Robert Williams dba State Bar Number (“SBN”) #186079 with:

Angelo K. Tsakopoulos with:

commission of a felony by conspiring with others charged herein (1) to commit all of the crimes enumerated above, (2) to cheat and defraud a Person of property by means which are in themselves criminal, and to obtain money or property by false pretenses, and (3) to pervert and obstruct justice and the due administration of the laws, all in violation of California Penal Code section 182 (one or more counts); and,

commission of a felony by conspiring to engage in a pattern of racketeering activity as a direct result of conspiring with others charged herein to commit two or more of the predicate acts itemized supra and at 18 U.S.C. 1961 during the preceding ten (10) calendar years, in violation of 18 U.S.C. 1962 (one or more counts).

INCORPORATION OF EVIDENCE

Plaintiff hereby incorporates by reference the entire contents of the Clerks’ dockets in the instant case, in the District Court of the United States (“DCUS”) for the Eastern Judicial District of California (Sacramento) #CIV. S-01-1480 WBS DAD PS, in the United States Court of Appeals for the Ninth Circuit #02-15269 and #02-89005, in the Supreme Court of the United States #03-5070, and in Solano County Superior Court #FCS025327, as if all such contents were set forth fully here, with particular emphasis on all pleadings filed in the Solano County Superior Court by Defendant Robert H. Hale in case #FCS025327 supra; see also the following Internet resources, to conserve paper:

(PAST DUE) http://www.supremelaw.org/cc/kays/nad.oath.htm

http://www.supremelaw.org/cc/kays/executive.officer.htm

(PAST DUE) http://www.supremelaw.org/cc/statebar/

http://www.supremelaw.org/counsels.htm

http://www.supremelaw.org/rsrc/commissions/index.htm

http://www.supremelaw.org/cc/aol/index.htm

http://www.supremelaw.org/cc/aol2/index.htm

Pursuant to section 453 of the Evidence Code, mandatory judicial notice of all above Internet URLs is respectfully requested hereby. Plaintiff offers to supply, at cost, printed hard copies of any documents listed above, upon receipt of written request for same.

AFFIDAVIT OF PROBABLE CAUSE

Plaintiff now testifies that the evidentiary documents incorporated supra are true and correct, and that they do constitute probable cause formally to charge the above named individuals with the corresponding criminal violations enumerated supra.

STATEMENT OF ORIGINAL JURISDICTION

The Superior Court of California enjoys original jurisdiction pursuant to the civil RICO remedies at 18 U.S.C. 1964, and the holdings of the U.S. Supreme Court in Tafflin v. Levitt, 493 U.S. 455 (1990), and the U.S. Court of Appeals for the Ninth Circuit in Lou v. Belzberg, 834 F.2d 730, hn. 4 (9^th Cir. 1987) (California State courts have concurrent original jurisdiction of civil RICO claims).

See also Rotella v. Wood et al., 528 U.S. 549 (2000) (object of civil RICO is to turn RICO victims into prosecutors dedicated to eliminating racketeering activity) and Agency Holding Corp. v. Malley-Duff & Associates, 483 U.S. 143, 151 (1987) (RICO laws bring to bear the pressure of “private attorneys general” on a serious national problem for which public prosecutorial resources are deemed inadequate; the mechanism chosen by Congress to reach the objective in RICO cases is the carrot of treble damages).

Please note that the liberal construction rule for RICO statutes was never codified anywhere in Title 18 of the United States Code, however, even though Title 18 supra has been enacted into positive law by Act of Congress. See 84 Stat. 947, Sec. 904, October 15, 1970.

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) (Constitution, Laws and Treaties of the United States are supreme Law of the Land, notwithstanding anything in the Constitutions or Laws of California to the contrary. See Supremacy Clause.)

Dated: August 18, 2005 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):

PLAINTIFF’S THIRD VERIFIED

CRIMINAL COMPLAINT, ON INFORMATION

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:

Chief of Police San Diego County Sheriffs

San Diego Police Department P.O. Box 429000

1401 Broadway San Diego 92142

San Diego 92101 CALIFORNIA, USA

CALIFORNIA, USA

Clerk of Court Clerk of Court

Attention: Jack L. Wagner Ninth Circuit Court of Appeals

501 “I” Street, Suite 4-200 P.O. Box 193939

Sacramento 95814-2322 San Francisco 94119‑3939

CALIFORNIA, USA CALIFORNIA, USA

Clerk of Court Clerk of Court

880 Front Street, Ste. 4290 Superior Court of California

San Diego 92101 P.O. Box 120128

CALIFORNIA, USA San Diego 92112-0128

CALIFORNIA, USA

State Bar of California State Bar of California

180 Howard Street 1149 South Hill Street

San Francisco 94105-1639 Los Angeles 90015-2299

CALIFORNIA, USA CALIFORNIA, USA

Clerk of Court Office of the Attorney General

Supreme Court of California State of California

350 McAllister Street 110 West “A” St., Ste. 1100

San Francisco 94102-3600 San Diego 92101

CALIFORNIA, USA CALIFORNIA, USA

Ropers, Majeski, Kohn & Bentley Janis L. Turner

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

1001 Marshall Street 2515 Camino del Rio South, Ste. 324

Redwood City 94063 San Diego 92108

CALIFORNIA, USA CALIFORNIA, USA

Pillsbury Winthrop LLP Paul Plevin Sullivan & Connaughton

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

400 Capitol Mall, Suite 1700 401 “B” Street, Tenth Floor

Sacramento 95814-4419 San Diego 92101-8214

CALIFORNIA, USA CALIFORNIA, USA

Curiale Dellaverson Hirschfeld Quinn Emanuel Urquhart Oliver

Kraemer & Sloan, LLP & Hedges, LLP

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

727 Sansome Street 201 Sansome Street, 6^th Floor

San Francisco 94111 San Francisco 94104

CALIFORNIA, USA CALIFORNIA, USA

Office of the General Counsel Office of the Attorney General

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

University of California P.O. Box 1248

1111 Franklin Street, 8th Floor Capitol Station

Oakland 94607-5200 Austin 78711-2548

CALIFORNIA, USA TEXAS, USA

Gary L. Huss Latham & Watkins

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

246 West Shaw Avenue 633 West Fifth St., Ste. 4000

Fresno 93704 Los Angeles 90071-2007

CALIFORNIA, USA CALIFORNIA, USA

Angelo K. Tsakopoulos Scott Lewis Kays

Agent for Service of Process c/o Clerk of Court

7700 College Town Drive, Ste. 101 600 Union Avenue

Sacramento 95826 Fairfield 94533

CALIFORNIA, USA CALIFORNIA, USA

Hefner Stark & Marios Clerk of Court

(failed to exhibit oaths) Superior Court of California

2150 River Plaza Dr. #450 600 Union Avenue

Sacramento 95833 Fairfield 94533

CALIFORNIA, USA CALIFORNIA, USA

[Please see USPS Publication #221 for “addressing” instructions.]

Dated: August 18, 2005 A.D.

Signed: /s/ Paul Andrew Mitchell

__________________________________________________

Printed: Paul Andrew Mitchell, Plaintiff In Propria Persona

SUPPLEMENTAL PROOF OF SERVICE

PLAINTIFF’S THIRD VERIFIED

CRIMINAL COMPLAINT, ON INFORMATION

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:

Lawrence E. Condit Cohen & Grigsby

376 South Stone Avenue 11 Stanwix Street, 15^th Floor

Tucson 85701 Pittsburgh 15222-1319

ARIZONA, USA PENNSYLVANIA, USA

Paul M. DeCarolis DeForest Koscelnik Yokitis etc.

39 Pearl Street 3000 Koppers Building

Nashua 03060-3407 436 Seventh Avenue

NEW HAMPSHIRE, USA Pittsburgh 15219

PENNSYLVANIA, USA

Fenwick & West, LLP Charles D. Ferrari

801 California Street Oregon Department of Justice

Mountain View 94041-2008 1162 Court Street, N.E.

CALIFORNIA, USA Salem 97301

OREGON, USA

Grimm Vranjes McCormick etc. Harvey Siskind Jacobs, LLP

P.O. Box 129012 4 Embarcadero Center, 39^th Floor

San Diego 92112-9012 San Francisco 94111

CALIFORNIA, USA CALIFORNIA, USA

John B. Kearney Karl Kleinpaste

210 White Horse Pike P.O. Box 1551

P.O. Box 279 Beaver Falls 15010

Haddon Heights 08035 PENNSYLVANIA, USA

NEW JERSEY, USA

Laskin & Guenard Matheny Sears Linkert & Long

1810 South Street P.O. Box 13711

Sacramento 95814 Sacramento 95853-4711

CALIFORNIA, USA CALIFORNIA, USA

Lynne Meredith Rivkin Radler, LLP

P.O. Box 370 1330 N. Dutton Ave., Suite 200

Sunset Beach 90742 Santa Rosa 95401-4646

CALIFORNIA, USA CALIFORNIA, USA

Ram Samudrala Paul Southworth

UW Micro Box 357242 2018 N. New Hampshire Avenue

Seattle 98195-7242 Los Angeles 90027

WASHINGTON STATE, USA CALIFORNIA, USA

Steinhart & Falconer, LLP Sweeney & Grant, LLP

333 Market Street, 32^nd Floor 8001 Folsom Blvd., Suite 100

San Francisco 94105-2150 Sacramento 95826-2621

CALIFORNIA, USA CALIFORNIA, USA

Sandra L. Tarver

Wisconsin Department of Justice

P.O. Box 7857

Madison 53707-7857

WISCONSIN, USA

[Please see USPS Publication #221 for “addressing” instructions.]

Dated: August 22, 2005 A.D.

Signed: /s/ Paul Andrew Mitchell

__________________________________________________

Printed: Paul Andrew Mitchell, Plaintiff In Propria Persona