Robert Hurford Hale, Sui Juris

3243 Congressional Circle

Fairfield 94534

CALIFORNIA, USA

 

tel: 707-426-1841

 

In Propria Persona

 

All Rights Reserved

 

 

 

 

 

Superior Court of California

Solano County

 

 

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

                                 )

     v.                          ) DEFENDANT HALE’S SECOND REQUEST

                                 ) FOR MANDATORY JUDICIAL NOTICE:

PGM, INC.,                       )

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

ROBERT H. HALE, and              ) California Business and

DOES 1 through 10.               ) Professions Code, secs. 6067, 6068;

---------------------------------) 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 request that this honorable Court take mandatory judicial notice of the fact that, on February 3, 2005, a SECOND NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE was mailed via First Class United States Mail to Mr. Kirk E. Giberson, Counsel for the Plaintiff.

 

A true and correct copy of said SECOND NOTICE AND DEMAND is attached hereto and incorporated by reference, as if set forth fully here.

 

In reply to same, also via U.S. Mail, Mr. Giberson has refused to produce a proper license to practice law in the State of California, which conforms fully to the requirements imposed by sections 6067 and 6068 of the California Business and Professions Code (“a certificate of oath shall be indorsed upon his license”).  See 18 U.S.C. 1341.

 

A true and copy of Mr. Giberson’s written refusal is attached hereto and incorporated by reference, as if set forth fully here.

 

Also attached is evidence that The State Bar of California has now been served with a proper and lawful federal SUBPOENA IN A CIVIL CASE.  Said SUBPOENA commanded that State Bar to produce certified copies of all licenses to practice law with oaths of office indorsed thereon by all members of The State Bar of California during the ten (10) calendar years beginning on January 1, 1994 A.D. and ending on December 31, 2003 A.D., as required by section 6067 of the California Business and Professions Code, and as authorized by the federal statute at 18 U.S.C. 1964(a) (Civil RICO).

 

On this point, see this Court’s Civil Case Cover Sheet for the “RICO” category (item 27) over which this honorable Court does enjoy original jurisdiction.

 

In particular, see also Tafflin v. Levitt, 493 U.S. 455 (1990), and Lou v. Belzberg, 834 F.2d 730, hn. 4 (9th Cir. 1987) (California State courts have concurrent jurisdiction of Civil RICO claims).

 

Lastly, the Civil RICO statute at 18 U.S.C. 1964(c) authorizes triple damages (3x).  See Agency Holding Corp. v. Malley-Duff & Associates, 483 U.S. 143, 151 (1987) (“the mechanism chosen to reach the objective in both the Clayton Act and RICO is the carrot of treble damages”), and Rotella v. Wood et al., 528 U.S. 549 (2000) (“the provision for treble damages is accordingly justified by the expected benefit of suppressing racketeering activity, an object pursued the sooner the better”).

 

True and correct copies of said SUBPOENA IN A CIVIL CASE, PROOF OF SERVICE and related documents are also attached hereto and incorporated by reference, as if set forth fully here.

 

Defendant Hale is correctly informed that The State Bar of California has now failed to comply with said SUBPOENA within the stated deadline, and Defendant Hale now believes that The State Bar of California are in contempt of court for their failure to comply.

 

 

 

Dated:     February 10, 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 SECOND REQUEST

FOR MANDATORY JUDICIAL NOTICE:

Evidence Code, section 453;

California Business and

Professions Code, secs. 6067, 6068;

18 U.S.C. 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:     February 10, 2005

 

 

Signed:    /s/ Robert H. Hale

           ___________________________________________

Printed:   Robert H. Hale, Sui Juris

 

All Rights Reserved without Prejudice