ABATEMENT - MAN BEATS IRS!

by Kenny Adler
The following transcript details a defendant beating the I.R.S. in just about th
e shortest amount of time I've ever seen. This is a 1994 case in California, and
I have tried to copy it perfectly from my copy of the court reporter's transcri
pt. The case number is crossed out in the middle, as is this man's last name. I
shall use a series of x's to show where words were crossed out, presumably by th
e defendant, before distribution. Please pay special attention to the capitaliza
tion of words throughout the document. They are as the clerk capitalized them.
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
HONORABLE JOHN G. DAVIES, JUDGE PRESIDING
UNITED STATES OF AMERICA )
)
Plaintiff(s) )
)
vs. ) NO. CV-94 xxxx -JGD
)
RANDY L. OxxxxxxxxxR )
____________Defendant(s)_ )
REPORTER'S TRANSCRIPT OF PROCEEDINGS
Los Angeles, California - Monday, March 21, 1994
BEVERLY A. CASARES CSR# 8630
Official Court Reporter
312 North Spring Street, Room 440
Los Angeles, California 90012
(213) 617-2305
APPEARANCES:
FOR PLAINTIFF(S) GREGORY A. ROTH
312 N. Spring Street
Los Angeles, California 90012
(213) 894-2410
FOR DEFENDANT(S) RANDY L. OxxxxxxxxxR
LOS ANGELES, CALIFORNIA; MONDAY, MARCH 21, 1994; 1:30 P.M.
THE CLERK: Item number 6, case number CV-94xxxxx, United States of America versu
s Randy L. Oxxxxxxxxxr.
MR. ROTH: Good afternoon, your Honor, Assistant U.S. Attorney Gregory Roth appea
ring on behalf of the United States, and its agency the Internal Revenue Service
.
THE COURT: Is there any opposition?
MR. OxxxxxxxxxR: For the record.
THE COURT: Yes.
Mr. OxxxxxxxxxR: My Christian name is Randy Lee and my family name is Oxxxxxxxxx
r.
THE COURT: All right.
MR. OxxxxxxxxxR: That is spelled capital R, lower case, a-n-d-y, capital L, lowe
r case e-e, capital O, lower case x-x-x-x-x-x-x-x-x-r.
I have responded to this petition, because it was found on the door of the place
where I take up housekeeping, and attempts to create a colorable persona under
colorable law by the name of capital R-A-N-D-Y L period, O-x-x-x-x-x-x-x-x-x-R.
The artifice being used here to deceive this Honorable Court must be abated as a
Public Nuisance.
For the record Randy Lee and Jesus the Christ Advocate and Wonderful Counselor a
re using the Right of Visitation to exercise the Ministerial Powers to be heard
on this matter.
I, Randy Lee am a native Californian and a Man on the Land in Los Angeles County
, not a resident in the Federal Judicial District in the Central District of Cal
ifornia.
My Colors and Authority is the California Bear Flag with the Gold star. My Law i
s My Family Bible. And my Status is shown by the Seal of the People.
I am who I say I am, not who the U.S. Attorney says I am. Further I sayeth not a
nd I stand mute.
THE COURT: All right. Please take your things off of the podium and sit down at
your table. Mr. Roth, do you have any response to this alleged case of mistaken
identity.
MR. ROTH: Well, your Honor, Mr. Oxxxxxxxxxr seems to think that if you spell you
r name in upper and lower case, it relieves him of compliance.
THE COURT: Thank you, Mr. Roth. Please call the next case clerk.
(Proceedings concluded.)
C E R T I F I C A T E
I hereby certify that the foregoing matter entitled UNITED STATES OF AMERICA ver
sus RANDY L. OxxxxxxxxxR No. CV-94 xxxx -JGD is transcribed from the stenographi
c notes taken by me and is a true and accurate description of the same.
_____(signed)____________________. ____3/25/94________________.
BEVERLY A. CASARES CSR# 8630, Official Court Reporter
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I have been told that this defense has been used many times, with success each t
ime.
Another dozen people did what he did under his direction over the next few month
s after his case, which was the first. None of these people have had anything fu
rther happen to them on these matters.
He also told me that his brother had a federal warrant out for his arrest. The f
ederals attempted to serve it when he wasn't home. He took the arguments used in
court and did an abatement on them, and later received proof that the warrant w
as withdrawn (I forget the actual word that Randy used, but it was somehow nulli
fied).
Randy speculates that a name in ALL CAPS means a person subject to military juri
sdiction, which fits in perfectly with what I've been saying over the past coupl
e years.
I FOUND THE ANSWER! Here is a short section from 1 Corpus Juris on abatement. Th
is will explain a lot of what happened in this case.
Definition, Nature, and Effect of Abatement
[1] A. DEFINITION. The abatement of an action at law is the overthrowing of the
action caused by defendant's pleading some matter of fact tending to impeach the
correctness of the writ or declaration. The abatement of a suit in equity is a
mere suspension of all the proceedings therein for a want of proper parties befo
re the court.
A plea in abatement is defined to be a plea that, without disputing the justice
of the plaintiff's claim, objects to the place, mode, or time of asserting it, a
nd requires that therefore, and pro hac vice, judgement be given for the defenda
nt, leaving it open to renew the suit in another place or form, or at another ti
me.
[2] B. EFFECT OF ABATEMENT - 1. At Law-a. Effect on Principal Suit. At law the a
batement of a suit is a complete termination of that particular suit, so that it
cannot be revived; but it does not determine or defeat plaintiff's cause of act
ion or bar the issuance of a new suit.
[7] C. PLEAS IN ABATEMENT NOT FAVORED. Pleas in abatement, being dilatory pleas,
are not favored either at common law, or under the codes and practices acts.
FOR THIS REASON, as will be shown in another place, pleas or answers in abatemen
t must allege with the greatest certainty in every particular every fact necessa
ry to their sufficiency. No presumptions of law or fact are allowed in their fav
or, but on the contrary every intendment must be taken against them. Furthermore
matter in abatement must be pleaded at the earliest opportunity, and, if the fa
cts are known, before a plea or answer in bar is interposed, and before a genera
l imparlance or continuance.
So, this is why the Judge did what he did. The guy did not win per se, as the IR
S could have corrected the defect in the "writ" and brought a new suit. This mig
ht not be a silver bullet, but it's not B.S. either.
Correspondence
Thanks for your input. I think I know how you feel about this "win." That it is
correctable by the government. Simply don't use ALL CAPS next time, right?
That's where I think this issue is bigger. I think that the government CAN'T sto
p using ALL CAPS as a matter of martial law and/or commercial law. I have seen h
ints of this elsewhere, but nothing substantial.
Well, my wife suggested I take a look at the Lloyd Long [see Report: #16F: The B
ecraft Landmark Case] transcript, and sure enough, ALL CAPS. Interestingly enoug
h in his answer and briefs his name is proper case.
The question which begs to be answered is WHY did his attorney not bring this up
. HERE IS YOUR ANSWER.
Again, from 1 Corpus Juris:
II Objections to Jurisdiction
[17] A. Nature of Pleas to the Jurisdiction.
At common law pleas by which objection is taken to the jurisdiction of the court
are not strictly pleas in abatement, but are in a class by themselves and are d
esignated as pleas to the jurisdiction. They differ at common law from pleas in
abatement in several respects, as, for example, in that they must be pleaded in
person and not by attorney, and in that they must conclude, not with a prayer fo
r judgement of the writ or declaration, or of the writ and declaration, and that
the same be quashed, but whether the court will or ought to take further cogniz
ance of the action or suit. They are, however, dilatory pleas, as distinguished
from pleas to the merits, in that their effect is to defeat the present suit and
not to deny or bar the cause of action, and therefore they are in modern practi
ce treated for most purposes like other dilatory pleas as pleas in abatement, an
d are subject to most of the rules governing such pleas.
Shew... Looks like if you have an attorney, you are f#@ked. We knew this all alo
ng, but here it is in print.
By the way, I looked at a copy of my IMF [master file kept by the IRS on taxpaye
rs]. You guessed it, ALL CAPS! This is getting too interesting.
Information on Abatement
For more information on Abatement, contact Randy Lee at c/o General Delivery, Ca
noga Park Post Office, Canoga, California; 818-347-7080; or Joe Allen at c/o Gen
eral Delivery, Rosamond Post Office, Rosamond, California; 805-824-2971.
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The following is an excerpt from an article by James Hazel titled The Abatement
Process (See also James' article: Notes About Deceptive All Capitals Names):
In written form, the following example, to be delivered to the court clerk or ju
dge, conforms with Randy Lee's successful petition, and with the requirements fo
r abatements as enumerated in Corpus Juris Secundum and many, many cases which h
ave treated the subject of abatement for misnomer.
[This is useful for instances where you have the opportunity, as in most cases,
to reply in writing to a written demand/summons -- as it's much simpler than app
earing in person, and most people prefer this option.]
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PETITION FOR ABATEMENT
TO: THE (FICTITIOUS NAME OF COURT, EXPRESSED IN ALL UPPERCASE LETTERS); ADDRESS
OF COURT, INCLUDING ZIP CODE.
FROM: Petitioner John Doe (properly capitalized); Mail received: c/o (USPS addre
ss, including ZIP Code).
REGARDING: (Complaint, demand or accusation, [NO.____]), attached hereto and the
reby incorporated as an integral part of this petition for abatement.
COMES NOW, John Doe, to petition this court to abate the above-referenced (accus
ation, complaint) on the following grounds:
The (accusation, complaint) against JOHN DOE, a fictitious name, was delivered i
nto my hand on (date). As a prudent Man who fears that his ignoring of the instr
ument might well result in coercive procedures being used against him, I have ch
osen to approach this court with this petition that the court abate the instrume
nt so it cannot in its present form, further restrain my liberties.
That the instrument was served on or delivered to me is evidence that this is a
case of misnomer or mistaken identity. The instrument is against a fictitious na
me, "JOHN DOE." My given, Christian name is "John," with the initial letter capi
talized as required by Rules of English Grammar for the writing of the names of
natural persons. My patronymic, family name or surname is "Doe," with the initia
l letter capitalized. The (accusation, complaint) does not name me.
If the complainant or accuser has any claim or argument against me, it can bring
a complaint or accusation against my real name. My objections herein will make
it possible for the complainant or accuser to issue a better writ, which is the
primary purpose of matters in abatement.
This is by content, grounds, intent and definition a petition in abatement, and
not a plea in bar; and may not be construed as a motion for dismissal or for mer
e amendment of the instrument. It may be justly resolved only by abatement by th
e court.
When a petition for abatement is before a court, that court is charged with acco
rding to the defendant (petitioner) the benefit of the doubt. Also, courts shoul
d take cognizance of the law that provides: Where conditions for its issuance ex
ist, abatement is a matter of right, not of discretion; The misnomer or misdescr
iption of a party defendant is ground for abatement; and, Grounds for abatements
are the same for equity and law cases.
FURTHER I SAYETH NOT, except to advise the court that in the absence of abatemen
t of the instrument as a restraint against my liberty, I shall henceforth remain
mute.
Dated this ____ day of the (First - Twelfth) month of the Nineteenth Hundred and
Ninety Sixth year Anno Domini, in _____________ County, State of __________ (ca
pitalize lawful name of State):
__________________________________
John Doe
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[Note: When a DEMAND is abated, it can theoretically be refiled; properly naming
the accused person.
Most DEMANDS prosecuted in courts contain other fatal errors besides mistaken id
entify of the accused. By use of all uppercase letters in their entitlements or
captions, and by erroneously capitalizing the terms "plaintiff' and "defendant,"
they fail to identify the parties, the venue, including the NAMES of lawful sta
tes and counties, and the NAME of a lawful court. It is advisable to avoid the s
hotgun technique of trying to "cure" all defects with one abatement petition, bu
t is preferable to focus the first (and usually the last needed abatement petiti
on, on the failure to accuse the coerced Man by his proper name. The present de
facto courts have no lawful power to name natural persons, or otherwise exercise
jurisdiction over them, except with their tacit (ignorant) consent. To date, I
have heard of no abated accusation being refiled, properly naming the natural Ma
n who objected to be held to answer to a demand against a fictitious person. But
in the unlikely event that an accusation or demand is refiled using a proper na
me for the accused, a second petition for abatement would lie against failure to
name the venue. Then, if necessary, a third for failure to name the court. And
if still necessary, a fourth petition for failure to identify the "nature" of th
e parties (plaintiff and defendant).]