Robert Hurford Hale, Sui Juris

3243 Congressional Circle

Fairfield 94534

CALIFORNIA, USA

tel: 707-426-1841

In Propria Persona

Superior Court of California

Solano County

REDWOOD PLAZA INVESTMENTS, L.P., ) Case No. FCS025327

)

v. ) DEFENDANT HALE’S MOTION TO DISMISS

) AND FORMAL OFFER OF PROOF:

PGM, INC., )

PETER G. MOZSARY, ) Evidence Code, section 453;

ROBERT H. HALE, and ) California Business and

DOES 1 through 10. ) Professions Code, secs. 6067-6128;

---------------------------------) 18 U.S.C. 1341, 1964 (Civil RICO).

COMES NOW Robert H. Hale, Sui Juris, a named Defendant in the above entitled case, without waiving or conferring any jurisdiction, specifically to answer the SUMMONS filed on 01/19/2005 and allegedly served on 01/28/2005, to move this honorable Court to dismiss the instant civil case with prejudice, and to provide formal Notice to all interested Parties of same.

Defendant Hale specifically denies all allegations, and provides the following meritorious reasons in support of this MOTION TO DISMISS:

(1) To date, Mr. Giberson has failed to produce a valid license to practice law in the State of California, as required by sections 6067 and 6068 of the California Business and Professions Code. This is willful misrepresentation.

(2) Plaintiff has failed to make any proper appearances, either in person or in writing.

(3) Plaintiff has failed to prosecute.

(4) Plaintiff has, therefore, failed to state any claims upon which relief can be granted by this honorable Court.

(5) There is probable fraud upon this Court, due in part to all of the above.

(6) Defendant Hale herein alleges that probable cause now exists to ORDER Mr. Giberson to appear and show cause why he should not be formally charged with violating sections 6067, 6068, 6126, 6127 and/or 6128 of the California Business and Professions Code.

(7) In further support of all of the points enumerated above, Defendant Hale hereby incorporates by reference all of His previously filed and served REQUESTs FOR MANDATORY JUDICIAL NOTICE and the MEMORANDUM OF LAW in support of said REQUESTs, as if all were set forth fully here.

FORMAL OFFER OF PROOF

Defendant Hale further offers to prove, by means of verified documentary evidence and sworn testimony, that Mr. Giberson failed to comply with section 6067 when he was first admitted to The State Bar of California, and that Mr. Giberson consciously and deliberately refused to comply with section 6067, after recently receiving proper and timely notice of said statute from Defendant Hale.

As such, Mr. Giberson’s conduct to date constitutes two (2) separate and distinct violations of the pertinent sections of the California Business and Professions Code, particularly section 6128 which prohibits deceit with intent to deceive this Court or any party.

Every attorney is guilty of a misdemeanor who violates section 6128.

Furthermore, this Court will please take formal judicial notice of the SUBPOENA which the Clerk of Court has now issued upon Mr. Giberson, for production of the certificate of oath that is required to be indorsed upon all valid licenses to practice law by sections 6067 and 6068 (see duties) of the California Business and Professions Code.

Said SUBPOENA is now a matter of official record in the instant case.

Thank you very much for your professional consideration.

Dated: March 1, 2005

Signed: /s/ Robert H. Hale

___________________________________________

Printed: Robert H. Hale, Sui Juris

PROOF OF SERVICE

I, Robert H. Hale, 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):

DEFENDANT HALE’S MOTION TO DISMISS

AND FORMAL OFFER OF PROOF:

Evidence Code, section 453;

California Business and

Professions Code, secs. 6067-6128;

18 U.S.C. 1341, 1964 (Civil RICO)

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:

[PLAINTIFF’S ATTORNEY]

Mr. Kirk E. Giberson

Hefner Stark & Marios

2150 River Plaza Dr. #450

Sacramento 95833

CALIFORNIA, USA

[CLERK OF COURT (2x)]

600 Union Avenue

Fairfield 94533

CALIFORNIA, USA

Dated: March 1, 2005

Signed: /s/ Robert H. Hale

___________________________________________

Printed: Robert H. Hale, Sui Juris