Dickie Delorean, Pro Per This Space Reserved for the Filing Stamp:
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This is a fictional upgrade of a real successful motion filed by Theo Deligiannis. After you win this or any motion in traffic court you should then file on behalf of all similarly situated defendants and win for them and then sue for compensation under the California and Federal theories of Private Attorney General. Email me for details: Lawyerdude1989@yahoo.com There is money to be made in the business of justice.
Superior Court of California for Orange County
Santa Ana Courthouse
A secretive court clerk dba under the false color of an illegal fiction as “People”,
Plaintiff
v
Dickie Delorean, one of the actual indigenous people of California,
falsely accused defendant.
Case Number:
Ticket Number:
Document #7932
Motion/ Demand to Quash pursuant to PC 418.10 and 1000 years of Common Law.
Date: Thursday 28 September, 2006.
Time: 1:30 pm
Place: Courtroom of Presiding Criminal Judge.Notice of Motion
To the clerk of court who is the prosecutor: At the venue designated in the caption or at such other venue as the court shall designate, I will demand that you dismiss this case. You are not a prosecutor.
Signed _________________ Dickie Delorean. Monday, September 4, 2006.
Contents of this Demand
The clerk is acting as prosecutor; that is wrong. Dismissal is the remedy.
Declaration of Attorney Douglas Palaschak regarding Summonses
A ticket can never be a summons.
On April 27 2006, Officer Maez of the Santa Ana School Police Department initiated a warrantless arrest for an alleged violation of the Vehicle Code. To this date, I have been served neither summons nor a verified complaint. I therefore demand dismissal.
The clerk is acting as prosecutor; that is wrong. Dismissal is the remedy.
By stealthy encroachment over the court of generation, all governments and other corporations encroach upon the personal freedoms of humans. The human lives only 75 years. The father fails to warn the grandchild of the lies of the corporation. The lie remains unchallenged generations later due to human ignorance and mortality. The immortality of the corporation gives the government opportunity to encroach as such a speed as to be imperceptible by a single generation of humans.
The summons was originally issued by the court only after the prosecutor had made a decision to prosecute. As the court corporations became fatter they ordered the litigants: “write our summonses and bring them to use for signature”. Their fellow government minions in the legislature wrote the corresponding rules. Then the courts saw the money flow and realized that they should promote the traffic ticket game by processing the tickets without a prosecutor. This is unconstitutional. The remedy is dismissal. Only a prosecutor can prosecute a criminal offense. This is not an administrative tribunal. If it were, there would be a hearing officer or administrative law judge.
Declaration of Attorney Douglas Palaschak regarding Summonses
I, Douglas Palaschak, declare the following under penalty of perjury: I am an Engineering Graduate of the University of Illinois, Urbana, where I was an honors student. I marched in “The Marching Illini”,the world’s undisputed Premiere Marching Band. I began my career as a Registered Professional Engineer having consulted for the U.S. Navy, Mobil, and Exxon. I have testified as an expert witness in the catastrophic failure of oil production machinery.
I have been a licensed lawyer for nearly a quarter century. I publish nearly 1200 legal articles on the internet. My areas of expertise are:
Licenses, Rights, and Privileges, and their use as Instruments of Oppression,
Criminal Defense,
Internet-driven Improvements in the Efficiency of Litigation,
Empowerment of Pro Se Litigants,
Bankruptcy.
My most recent book is on the subject of Pre-trial Criminal Litigation of Malum Prohibitum Crimes. It is available by mail order via the internet.
A ticket can never be a summons.
A summons is required for the court to gain jurisdiction. A summons is a notification from the court addressed to the defendant in a pending case. A ticket is never a summons despite the intentions of the legislature. When a person write a ticket there is no pending case. There will be no pending case until a prosecutor has made a decision to prosecute. Then the prosecutor files a complaint. Only then is a summons possible. There is then a pending case. I would then have the opportunity to settle the case with the prosecutor. Most traffic courts today permit the clerk to prosecute the case. This practice is unconstitutional. It is an example of denial of equal protection. I would like the clerk to be working on my side of the case. The clerk has demonstrated a bias for the prosecution. Also, the clerk is paid by the money earned by the ticket that she prosecutes. No. This will not stand.
POINTS AND AUTHORITIES I. MAY ALLEGED DEFENDANT APPEAR BY MOTION? 1. CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1014:
A defendant appears in an action when the defendant answers, demurs, files a notice of motion to strike,
files a notice of motion to transfer pursuant to Section 396b, moves for reclassification pursuant to
Section 403.040, gives the plaintiff written notice of appearance, or when an attorney gives notice of
appearance for the defendant.
2. I need not appear in person but may appear by motion because CCP § 1014 provides that a defendant
can appear by motion. This motion qualifies as an appearance as provided under CCP § 1014. 3. I have appeared as agreed by my signature on the notice to appear by entering this motion to quash.
II. MUST AN ALLEGED DEFENANT PLEA TO THE NOTICE TO APPEAR? 4. CALIFORNIA VEHICLE CODE § 40513(a):
Whenever written notice to appear has been prepared, delivered, and filed with the court, an exact and
legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall
constitute a complaint to which the defendant may plead "guilty" or "nolo contendere."
Moreover, CALIFORNIA VEHICLE CODE § 15 states as follows: "Shall" is mandatory and "may"
is permissive.
5. I am not required to plead to the written notice because the language of CVC § 40513 uses the word
"may," not "shall," in pleading to the notice. Generally, the use of the word "may" gives the alleged
defendant discretion to do an act, while not mandating it. Generally, the word "may" is permissive
when used in the code, and this is especially true where the word "shall" appears in close juxtaposition
in other parts of the same code. Here, the code allows, but does not require, the alleged defendant to
plead to the notice to appear.
6. Indeed, section 15 of the vehicle code declares that as used therein, 'shall' is mandatory and 'may' is permissive. Since "may" is permissive, I am not required to enter a plea to the notice to appear.
III. IS THE NOTICE TO APPEAR A SUMMONS? 7. CALIFORNIA CODE OF CIVIL PROCEDURE § 412.20(a):
Except as otherwise required by statute, a summons shall be directed to the defendant, signed by the
clerk and issued under the seal of the court in which the action is pending, and it shall contain: 3 0
(1) The title of the court in which the action is pending.
(2) The names of the parties to the action.
(3) A direction that the defendant file with the court a written pleading in response to the complaint.
(4) A notice that, unless the defendant so responds, his or her default will be entered upon application
by the plaintiff.
(5) The following statement in boldface type: "You may seek the advice of an attorney in any matter
connected with the complaint or this summons.
(6) The following introductory legend at the top of the summons above all other matter, in boldface
type, in English and Spanish:
"Notice! You have been sued. The court may decide against you without your being heard unless
you respond within 30 days. Read information below."
8. The notice to appear is fatally defective and cannot qualify as a summons, because it does not comport
with the requirements of Code of Civil Procedure § 412.20. 9. Therefore the notice to appear is not a summons for the reasons aforementioned.
IV. IS THE NOTICE TO APPEAR A COMPLAINT? 10. PENAL CODE § 740 states as follows:
Except as otherwise provided by law, all misdemeanors and infractions must be prosecuted by
written complaint under oath subscribed by the complainant.
Moreover, PENAL CODE § 949 states as follows:
The first pleading on the part of the people in a misdemeanor or infraction case is the complaint
except as otherwise provided by law.
Moreover, PENAL CODE § 950: states as follows:
The accusatory pleading must contain:
1. The title of the action, specifying the name of the court to which the same is presented, and the
names of the parties;
2. A statement of the public offense or offenses charged therein.
Moreover, PENAL CODE § 952 states as follows:
In charging an offense, each count shall contain, and shall be sufficient if it contains in substance, a
statement that the accused has committed some public offense therein specified.
11. The notice to appear does not qualify as a complaint, because nowhere on the notice does the
following appear:
a. Whether this is a criminal or civil action.
b. The name of the plaintiff in this action.
c. The nature of the proceeding. d. The signature of the District Attorney or Prosecutor (if it is a criminal action). 12. Therefore the notice to appear is not a complaint for the reasons aforementioned. 4 0
CONCLUSION 13. In accordance with the foregoing points and authorities, this Court, pursuant to California Code of
Civil Procedure § 418, should grant this motion to quash.
You cannot now subject me to special scrutiny for purposes of efficiency in your scandalous and corrupt fraud. You must dismiss my case now.
Respectfully submitted, Date: ________________ __________________________________________ Dickie, Delorean, In Pro Per PROOF OF SERVICE I, Theo Delorean, declare the following under penalty of perjury. I served this document upon the prosecutor in this case by mailing it to the District Attorney's office in Santa Ana. Thereafter it was
mailed for filing at the criminal/ traffic filing window. Date: ________________ __________________________________________
Dickie, Delorean, In Pro Per