John Schmeeckle, Sui Juris

c/o 2034 E. Lincoln, #119

Anaheim 92806

CALIFORNIA, USA

In Propria Persona

without Prejudice

Superior Court of California

Orange County

John Schmeeckle, ) Case No. 03NL37156

)

Plaintiff, ) VERIFIED COMPLAINT FOR DECLARATORY

v. ) AND INJUNCTIVE RELIEF AND DAMAGES:

)

Rose Hills Company, Inc., ) Trial by Jury Demanded;

)

Defendant. ) Maximum Damages: $25,000.00

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This is a civil COMPLAINT for declaratory and injunctive relief and for recovery of damages inflicted upon Plaintiff John Schmeeckle, a Citizen of California, by Defendant Rose Hills Company, Inc., in connection with Defendant’s unauthorized withholding of certain sums from Plaintiff’s paychecks commencing November 15, 2002 A.D.

Plaintiff seeks preliminary injunctions, during pendency of this action, barring Defendant from any further withholding of said sums from Plaintiff’s periodic paychecks, and also barring Defendant from procedurally removing the instant case into any federal court(s) due to demonstrable bias and prejudice among all federal judges.

Plaintiff also seeks compensatory damages for all sums withheld from His paychecks to date without proper written authorization.

Plaintiff also seeks recovery of all damages sustained in consequence of Defendant’s unauthorized withholdings, including but not limited to the maximum interest allowed by California State laws, all reasonable Counsel’s fees, and the total cost of this lawsuit.

Finally, Plaintiff seeks all other and further relief which this honorable Court deems just and proper, under the circumstances which have occasioned this action.

PARTIES

Plaintiff is a Citizen of California currently inhabiting Fullerton city in Orange county, California State.

Defendant is a Delaware corporation currently registered and in good standing with the California Secretary of State in Sacramento, California, with offices in Los Angeles county, California.

BACKGROUND FACTS

On or about June 17, 2002 A.D., Plaintiff entered a private two‑party contract with Defendant to perform specific labor services as a full‑time temporary worker, on a regular schedule of forty (40) hours per calendar week.

After approximately three (3) calendar weeks, on or about July 9, 2002 A.D. Plaintiff was offered and accepted a full‑time permanent position with Defendant.

Upon accepting a permanent position, Plaintiff relied upon the best available advice to designate Himself as “EXEMPT” on Defendant’s standard Form W‑4, also known as the “Employee’s Withholding Allowance Certificate.” Defendant accepted this “EXEMPT” Form W‑4.

On or about September 13, 2002 A.D., Plaintiff paid for a subscription and began enjoying an Internet‑based discussion list and message archive called SupremeLaw at Yahoo! Groups.

This Internet‑based discussion list is moderated by a qualified Federal Witness and Private Attorney General with extensive litigation experience in State and federal courts.

After participating on this email list for approximately one month, Plaintiff was correctly informed that Form W‑4 is not the correct form to execute, and that a Withholding Exemption Certificate is the correct form to execute. Confer at Internal Revenue Code section 3402(n). This statute is federal municipal law.

Plaintiff then confirmed all applicable laws and regulations on this point, and decided that He would be factually and legally correct to execute a Withholding Exemption Certificate in lieu of His previously executed Form W‑4. Said Certificate was once identified as a “Certificate of Exemption from Withholding in Lieu of W‑4” [sic].

Thus, on November 3, 2002 A.D., Plaintiff did execute a proper Withholding Exemption Certificate and delivered same to Defendant via inter‑office mail on November 4, 2002 A.D.

Subsequently, personnel in Defendant’s payroll office refused to honor Plaintiff’s Withholding Exemption Certificate, and commenced to withhold certain sums from Plaintiff’s periodic paychecks according to the standard schedule applicable only to “employees” of the United States (federal government).

Plaintiff objected to this error by Defendant by means of written and verbal objections, but to no avail.

Defendant to this day continues to withhold according to a schedule applicable only to “employees” of the federal government.

During the period beginning November 15, 2002 A.D. and ending March 7, 2003 A.D., the grand total of all unauthorized withholdings amounts to two thousand nine hundred fifty‑six dollars and sixty‑eight cents ($2,956.68), exclusive of any interest allowable under California State laws.

Plaintiff is informed and on information believes that the maximum pre‑judgment interest allowed by California State laws is seven percent (7.00%) simple interest per annum, computable monthly.

Plaintiff has every reason to expect that the current rate of unauthorized withholdings will continue indefinitely, as long as Defendant refuses to honor Plaintiff’s proper Withholding Exemption Certificate.

INCORPORATION OF PERTINENT DOCUMENTS

Plaintiff now requests mandatory judicial notice of the following attached Exhibits, to wit:

“A” “31 Questions and Answers about the Internal Revenue Service,” Revision 3.2, by Paul Andrew Mitchell, B.A., M.S., Citizen of California, Federal Witness and Private Attorney General (signed and embossed in original);

“B” “U.S. Secretary of the Treasury Falls Silent in Face of SUBPOENA for Tax Liability Statutes” (Nov. 7, 2002 A.D.);

“C” “Private Attorney General Cracks Title 28 of the United States Code” (Nov. 26, 2001 A.D.); and,

“D” “Karma and the Federal Courts,” by Paul Andrew Mitchell (November 1996) (“B” thru “D” copied from the Internet).

Plaintiff hereby incorporates said Exhibits by reference, as if set forth fully here. See attached.

REMEDY REQUESTED

All premises having been duly considered, Plaintiff now requests this honorable Court to issue relief as follows:

(1) to enjoin Defendant Rose Hills Company, Inc., preliminarily during pendency of this action and permanently thereafter, from refusing Plaintiff’s proper and lawful Withholding Exemption Certificate;

(2) to enjoin Defendant Rose Hills Company, Inc., preliminarily during pendency of this action and permanently thereafter, from any further withholdings not authorized by Law;

(3) to enjoin Defendant Rose Hills Company, Inc., at any time during pendency of this action, from removing the instant case into any other court(s) in violation of 28 U.S.C. 455;

(4) to compensate Plaintiff for actual damages in the amount of two thousand nine hundred fifty‑six dollars and sixty‑eight cents ($2,956.68) in lawful money;

(5) to compensate Plaintiff for consequential damages in the amount of three thousand three hundred seventy dollars even ($3,370.00) in lawful money, which sum was paid by Plaintiff for the services of a Private Attorney General to counsel Plaintiff and to research and prepare the instant lawsuit;

(6) to compensate Plaintiff with the maximum amount of prejudgment interest allowable by California State laws; and,

(7) to provide Plaintiff with such other and further relief as this honorable Court shall deem just and proper, under the circumstances which have occasioned this action.

VERIFICATION

The Undersigned hereby verifies, 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 His current information, knowledge and belief, so help me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause in the Constitution for the United States of America, as lawfully amended, i.e. Constitution, Laws and Treaties of the United States are all the supreme Law of this Land.

Dated: March 13, 2003 A.D.

Signed: /s/ John Schmeeckle

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Printed: John Schmeeckle

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