Challenging Jurisdiction 061210
Challenging Jurisdiction 061210
Challenging Jurisdiction 061210
DONALD SCOTT PETERS Defendant) )))))))))))))Case No's.: CE321764 MBC570 Assigned to: Hon. _______________________________ Dept. _________ Date: 24th of July, 2012 Criminal Court s SPECIAL LIMITED APPEARANCE TO CHALLENGE THIS COURT'S IN PERSONAM JURISDICTION 8:00 AM
PLAINTIFF'S REQUEST FOR EX-PARTE HEARING SEEKING INJUNCTIVE RELIEF TO REVERSE PROPERTY SALE AND HALT EVICTION UNTIL RESOLUTION OF PENDING ACTION COMES NOW, Plaintiff, one of the people of California, the Sovereign spoken of in Yick Wo vs. Hopkins, in a special limited appearance in this court of record, and requesting a Court order to reverse the sale of the subject properties until resolution of the matter at hand. Plaintiff received a Notice of Sale from the Defendant regarding the subject properties naming a sale date of June 17, 2010, even though Defendant is obviously aware of the pending hearing scheduled in this Court for June 18, 2010, the day after the scheduled sale date. Plaintiff hereby requests the Court to order the Defendant to cease and desist from any further collection actions against Plaintiff until after the hearing scheduled for the 18th of June, 2010, and the facts of this matter can be determined by this Court and the Defendant's fraudulent actions (proven by the Defendant's own records) can be shown and the foreclosure halted. Should this sale be allowed to proceed as scheduled, it would result in: 1)Irreparable damage to the Plaintiff 2)Plaintiff would be denied due process prior to losing his property. 3)Plaintiff would be denied adequate time to complete the discovery process and prove to this court that the Defendant acted illegally and fraudulently in relation to Plaintiff and the alleged ?oan agreement Plaintiff apologizes to the court for this last minute action as he has been pursuing other options for resolution prior to approaching the Court for relief. 1)
THEREFORE, Plaintiff hereby requests the court to order the Defendant to halt the scheduled foreclosure sale of Plaintiffs property by Defendant until Plaintiffs has had the opportunity to present his case before the court and exercised his right to a trial by this court.
Signed reserving all my rights at 1-207 & 1-308 By: _______________________________________________________________________________ Donald Scott Peters, De Jute Soli, Sanguinis, Coronea As Authorized Representative of DONALD SCOTT PETERS
(PROPOSED) ORDER ON PLAINTIFF'S REQUEST FOR EX-PARTE HEARING SEEKING INJUNCTIVE RELIEF TO TEMPORARILY STOP PROPERTY SALE Having heard the matter entitled PLAINTIFF'S REQUEST FOR EX-PARTE HEARING SEEKING INJUNCTIVE RELIEF TO TEMPORARILY STAY OF SALE, and based on the papers and arguments hereon the court hereby orders as follows: The ex-parte application for injunctive relief is hereby granted . No sale of the properties located at: 1483 Eastside Road, Lot 1 and Lot 3 Alta Lane, all located in El Cajon, CA shall occur until the court has the opportunity to hear the matters pending before it. IT IS SO ORDERED.