I WAS THREATENED & HARASSED BY MY LANDLORD
MY RENT WAS PAID IN ADVANCE & I WAS IN COMPLIANCE WITH MY LEASE
THE SEDONA POLICE ENTERED MY HOME LATE AT NIGHT WHILE I WAS SLEEPING
THEN I WAS ILLEGALLY EVICTED BASED ON THE JUDGE INSERTING HIS OWN TESTIMONY
IN THE YAVAPAI SUPERIOR COURT
MY BASIC CONSTITUTIONAL LIBERTIES & CIVIL RIGHTS WERE VIOLATED BY THE COURTS
This blog is dedicated to all of those who have atrociously experienced the abusive and unlawful side of the present legal system in America. Who never had the chance to be fairly heard or represented in court and who were stripped of their constitutional liberties and civil rights, by the very system we are led to believe upholds & enforces the laws of our land by due process and protection of the law. Nothing is further from the truth, for those of us who have been at the mercy of the dishonest breach of trust and the unscrupulous inequities taking place in our justice system and country.
When it is so in your face absurd & shocking, you can’t help but wake up!
To the Big Elephant in the room
To the truth that things are NOT what we were led to believe....
......and where Nothing is as it seems or appears to be!
When you wake up to one part of it, you can’t help but wake up to All of it!
That's when you realize the paradox we have all been living in we can no longer tolerate. I quit trying to make sense of the insanity and want to provide information that may help those of you, like myself, who are presently being (illegally) evicted from your homes.
Judge Anna von Reitz (Alaska State Superior Court Judge), has conveyed that our courts are not operated by our government. The operation of our court system was sold (for a profit) by our government, to a foreign corporation which runs our courts for profit! Under a "governmental services contract," and if I recall, to a credit agency in London. Crazy, right? That explains a little bit right there. Judge Anna provides a lot of information every American needs to know about, & due to the urgency of what we are all faced with at this time. I am eternally grateful to her and her team who are working around the clock in re-establishing the united "States of America." It's imperative we all support this by becoming informed and donating to their work, our way of life and America depends on it. Their website is: www.annavonreitz.com
This blog is dedicated to all of those who have suffered at the injustices of the court system and to bring to light some information that may be helpful to know about. Sometimes the only thing that can be done with a system who’s time is coming to an end, is to share information to help make sense of the illegal, harmful acts, and to redirect our attention into a productive, more fulfilling new creation, like a new common law court & justice system. You can find out what others are doing here: http://annavonreitz.com/savvy.pdf
Become your own Authority in all the affairs of your life, as much as possible. Become informed about the things you don’t know about that are affecting your life. I wrote this blog as a result of my own awakening to the harsh reality of what was taking place in my life and realized it would have been so helpful if someone would have taken the time to summarize these legal things in an effort to help others in similar circumstances….I realized that someone was me. It’s all of us!!! Judge Anna's website is a great place to begin understanding why things are the way they are. One of Judge Anna's latest articles is here: http://annavonreitz.com/checksandbalances.pdf, where she describes that what we thought were services being provided by our own government, like we were led to believe, (like our court system) are actually being operated by "foreign commercial corporations" for profit. Who purchased the right to operate our (court system) governmental systems through "governmental service contracts." And if I recall correctly, in an earlier article, the "governmental service contract" to operate our courts here in America were purchased by a corporate "credit agency" out of London. It's a shocker for sure, but brings to light information that helps to make sense of everything when "Nothing is as it Seems" because it isn't and it hasn't been!
My quest to Sedona to fulfill my spiritual & creative experience in writing a book, was soon to turn into my worst nightmare: I lived at 275 Harmony Drive (this was a good sign, so I thought) in Sedona. I worked so diligently to live in Sedona, I was so excited and never realized what I was in for. The woman who lived in the downstairs of the house (I lived upstairs with a private entrance) I jointly rented, was a friend and spiritual advisor of the landlord (that should have been a clue).
The bank unlawfully, repossessed my home I raised my kids in, who were now grown (although brokenhearted), I was free to focus on what I loved to do (writing), and in a wonderful place like Sedona. What could go wrong, after all I lived on Harmony drive. I had envisioned such a fulfilling experience, near the river I loved and in anticipation of being around other like minded souls. The harmonious vision I anticipated quickly turned to disaster.
***It creates harsh difficulties and hardship on people’s lives when they are unexpectedly displaced from their homes, unlawfully, by the very system we pay for, so that system can even exist, and while nefariously asserting illicit judgments against us creating further hardship.***
God Bless the millions of people around the world displaced from their homes and homeland.
Here’s What Happened: This woman did psychic readings at the Summit Resort in Sedona. She started bringing a lot of people over to the house from the Summit to clear their emotions, energies & negative entities with lots of sage, incense & smoke, loud drumming and chanting. You can imagine what that was like for me upstairs, it was no picnic! It was a flow of constant negative energies and real entities (who were troublesome and mischievous) in addition to people screaming out and crying, mind you all through the drumming & chanting. My allergies were exacerbated from all the smoke burning my eyes.
She was renting out her portion of the house to people from the Summit Resort on short term basis. Which caused other problems. I tried convincing her to find another place to do that sort of thing, the Summit Resort was a good place to start. I was pleasant about it and explained the extreme difficulties her actions were causing, only to be ignored.
So I contacted the landlord and asked him to please help me solve the these issues that were interfering with my peace and quiet, peace of mind and making my eyes burn, not to mention the bizarre energies and entities coming through the floors and walls.
The landlord informed me that this was not his problem.
I contacted the Summit Resort only to be screamed at by their general manager and I contacted the City of Sedona in hopes of resolving things, without success. This is when the unexpected and crazy harassment started.
Things Get Much Worse: Then, I received 4 threatening phone calls from the landlord stating, “He was coming to physically ‘hands on’ remove me from the premises,” accusing me of breaking the law by depositing my rent directly into his bank account. And although the woman downstairs (his spiritual advisor) directed me to deposit my rent into his bank account, I didn’t, I mailed it. They were obviously collaborating in retaliation. For my own health and well being and peaceful existence, I wanted to resolve these issues.
So much for my harmonious book writing experience in the peace and quiet of Sedona. It was anything but peaceful or quiet. It was frightening and exhausting and I felt totally unsupported and vulnerable.
My rent was paid (several months in advance) and I was in compliance with the lease as far as I knew. I am a peaceful person who was there to write a book. I was shocked and horrified at this entire experience.
There was another person who lived in the house who began harassing me also, it was awful, he was the woman’s friend from downstairs and I continued to receive harassing phone calls from the landlord that made me feel so afraid. Were they going to just come in and throw me out? Could they really do that? I didn’t know. I needed help and to find out what I needed to do to defend and help myself.
I Went to the Yavapai Superior Court for Help. The Judge who denied me acquiring a restraining order against the landlord, is the very Judge who would illegally evict me based on the Judge’s own testimony, against the law.
Out of fear for my safety, I went to the Yavapai Superior Court to try and get answers and a restraining order. I was informed that I needed to file for an Injunction against Harassment, so I did. When I went back later to the court to file for the restraining order, the judge denied me a restraining order stating it would be handled in a summary proceeding? I needed help then, not later at some summary proceeding that I didn’t even know about. I never dreamed that the very judge I went to for help, would be the judge who would illegally evict me later at the summary proceeding! Now that was a shocker! You go to the court thinking that you could get help. But this wasn’t the case. It later became obvious the judge and my landlord's attorney were colluding, by all appearances.
I Went to the Sedona Police for Help.
I filed 3 Harassment Reports at the Sedona Police Department. That’s when I learned that the landlord had filed a false police reports against me stating that I had a man in my room with a gun who was armed and dangerous and another report that I had stolen his sleeping bags out of the garage, this was getting so crazy and bizarre. Of course, it was not true.
Then the Sedona police called me stating the woman who lived downstairs, claiming to be the manager, had called them and filed another false police report against me stating that I had moved out of the premises and allowed a squatter to move in. I assured the police this was not the case.
The Sedona Police trespassed into my house late at night, against the law (by all appearances):
I was asleep, late one night, while all of this was occurring, there was a man inside my house banging on my bedroom door demanding that I open the door. He was inside my house!!! I was so startled and afraid I called 911 out of fear for my safety. What was this man doing inside my house, late at night??? It was the Sedona Police!!! They entered my house without my knowledge or consent! Of course I did not open the door. I went to the Sedona Police Department for help and now I was in fear for my own safety! Under the law, it is a class 6 felony for anyone, including the police, to enter your house without your knowledge or consent! I was in shock! I fled from the house & Sedona out of fear for my safety.
L&M Process Servers
I had just returned to Sedona and was in the bathtub late in the afternoon. Suddenly,
a man’s fierce voice, while pounding on the other side of my bedroom door, was loudly demanding I open my door. I remained frozen with fear in the bathtub. He said he was there on official business from the court on behalf of Craig Domeier, the landlord and his attorney Dennis Bayless. He had just entered my home, illegally, climbed the stairs, walked through my kitchen to my bedroom door. This harassment was becoming almost more than I could bare. That was their aim.
My Lease Agreement and Rent
Prior to the landlord’s retaliation, he agreed to renew my lease another 2 years after I informed him I was exercising my option to renew, per the lease agreement. I also had the right to mediation. The lease was renewing February 1st. I paid my rent and the landlord cashed the check. He was also holding nearly 3 months of my last month’s additional rent. I also sent another rent check, March 1st. The landlord was holding enough rent to pay my rent through April/May.
Illegal Eviction Yavapai Superior Court
March 5th, posted inside my house on my bedroom door was a Complaint by the landlord and notice for an eviction trial to be held on March 18th. L&M Process Servers entered my house again without my knowledge or consent. I assume the woman downstairs was unlawfully letting people into my house, I didn’t know for sure who would or could do this. Either way it was against the law and it was further harassment.
For those who may not know, the Rules of the Court, or in other words how the court is supposed to conduct our business under the law and statutes, are identified by subject matter in the court’s website. In my case it was the Yavapai Superior Court, under Eviction Actions and is also governed by the Tenant/Landlord Act. What was a shocker is the landlord, his attorney, the court and the judge violated almost all of the Rules and Law pertaining to Eviction Actions and they got away with it, and no one seemed to care.
The Complaint stated: NO RENT was due. It also stated I was being evicted due to being served a Notice by the landlord on January 29th under ARS § 33-1313 to vacate the premises, but remained in the premises as a hold over tenant under ARS § 33-1375. Stating the lease expired Jan. 31st.
January 29th I was in my bathtub and due to being naked and terrified, I didn’t open my bedroom door to the landlord’s home invader and I was never served with any papers.
As to Notice: Landlord’s attorney stated at the trial that he delivered notice by certified mail on January 29th but had no proof & could provide no details. I never received any Notice by certified mail from the landlord under ARS § 33-1313 or § 33-1375.
ARS Rules of Civ. Proc. Rule 4.1 Process of Service: The law requires the recipient’s signature, proof & receipt of service to be valid in a court of law. An Affidavit of Service must be entered into court verifying a person was served under and according to the law.
If the Affidavit of Service is not filed with the court (you can check this yourself by going to the court docket entries (history) to see what has been filed), but if you haven’t been served it should not be in the court docket, the court would have no jurisdiction.
Proof of Service must be made to be effective.
If defendant is not served, the court has No Jurisdiction.
The landlord could not produce any evidence, because it did not happen. Because there was no evidence, only hearsay, by law, the court did not have authority to enforce the illegal eviction.
Under 17B ARS Rules Proc. Evic. Act., Rule 13 Entry of Judgment & Relief Granted: …In each eviction action the court shall; determine whether the tenant or occupant of the premises received proper notice and was afforded applicable opportunity to cure. If the notice does not comply with the statute or is not properly served, the court shall dismiss the action. The Notice did not comply with the statutes and was not properly served, to be in compliance with the law, the court had a duty to dismiss the action.
Even if the proper Notice had been served according to the law and statutes (and it wasn’t) the landlord cashed my rent check the month after he claimed he served Notice and the month after he states he terminated the lease. By accepting and depositing my February rent, after the lease termination date of January 31, by operation of law, he extended the lease and created a new implied agreement and waived his right to terminate the lease. If the lease was terminating, the landlord had a legal duty to refuse the rent or receive a non-waiver from me under ARS § 33-1371B, which did not occur. The landlord and the court had no legal basis for the eviction.
As to Rent:
17B A.R.S. Rule 13(C); Relief Granted;
The court shall not award any amount for damages or categories of relief not specifically stated in the complaint or counterclaim. The amounts awarded in the judgment must be consistent with the amounts sought in the complaint. The Complaint stated:
NO RENT DUE.
The Yavapai Superior court charged me nearly several thousand dollars in an illegal judgment mostly for rent, when the Complaint stated No Rent Due!
Again, the court did not uphold the law. The judgment must be consistent with the amounts sought in the complaint. The Complaint stated 0 was due. My rent was paid in advance, the complaint did not state any other money was outstanding or due.
At the Eviction trial I entered proof into the court that my rent was paid in advance, including the cashiers check that was cashed, proof of an additional cashiers check and personal check. In addition I provided proof to the court that the landlord was still holding at this point, several months of my additional last month’s rent. I proved the court had no basis to assert an unlawful monetary judgment against me.
17B A.R.S. Rules Proc. Evic. Act. Rule 5C: Complaint for Monetary Damages: If the Complaint seeks a money judgment for rent, late charges, or other fees, charges or damages permitted by law, the Complaint shall also state: specifically what the charges are and all of the details related to those charges. The court charged me with a judgment against the law.
17B A.R.S. Rules Proc. Evic. Act. Rule 5D: Additional Requirements;
(1) If the action is based soley on non payment of rent (Defendant became an alleged “holdover” tenant), contains a request for monetary damages and involves a residential property, the Complaint must also state that the Defendant may contact the Plaintiff or Plaintiff’s attorney and may reinstate the lease agreement and cause the eviction action to be dismissed if, prior to the entry of judgment, the Defendant pays all rents due and any other outstanding legitimate charges.
Under 5C and 5D Any outstanding rent or other charges must be identified in the Complaint. The tenant would then have the opportunity to cure under the law, prior to an eviction action.
Even though the landlord’s Complaint stated No Rent Due, at the Eviction Trial, in a spontaneous ambush, the landlord then claimed fees that were never identified in the Complaint, and if legitimate, I would have had the right to cure. The court was not in compliance with these laws and the landlord and the court did not have the lawful right to evict me.
The (Summary Proceeding) Eviction Trial: Judge Jeffrey Paupore was the presiding judge at the trial in the Yavapai Superior Court on March 18th.
Judge Paupore prevented me from speaking in the trial threatening he would charge me with a felony if I opened my mouth. I was not allowed to defend myself or to speak in court, a violation of my Constitutional Liberties and Civil Rights.
Under the United States & Arizona Constitutions, we have the right to be heard and to speak and to defend ourselves. No Judge has the right to take that away from me or you!
The judge violated the Arizona Constitutuion Article 2 (protect and maintain individual rights), Article 4 (due process of law) and Article 6 (free speech), by preventing me from speaking in the court room and preventing me from defending myself. And also violated the Bill of Rights Section 4 Freedom of Speech.
The judge also violated Rule 2.6A of the Judicial Code of Conduct: Ensuring the Right to Be Heard: A judge shall accord to every person who has a legal interest in a proceeding, or that person’s lawyer, the right to be heard according to law.
(1) The right to be heard is an essential component of a fair and impartial justice system. Substantiative rights of litigants can be protected only if procedures protecting the right to be heard are observed. The judge cannot undermine anyones right to be heard under law.
We are our own Authority, the Judge and the court are NOT our authority, especially when they abuse their judiciary positions and the law. Our true authentic Source Creator is our authority. When we conduct ourselves from our own authority, we have the responsibility to become informed on what it is we need to know, that we don’t know, as much as possible. And then take the best course of action to defend ourselves, with or without an attorney and in the best possible way.
The judge violated my Constitutional Liberties under the 14th Amendment to due process and protection of the law and violated my civil rights by not allowing me to speak on my own behalf or to defend myself in the trial (Judge Anna's website provides information as to why and how they do this, and is a little bit of a mindblower). http://annavonreitz.com
Unlawful Harassment Charges:
Judge Paupore dismissed the lawful and bonafide harassment charges I filed against the woman who lived downstairs and granted her harassment charges against me (that by law do not constitute harassment) in a secret hearing I was never notified about. Her fabricated charges were based on the fact that: (1) I filed petitions with the court (that was lawfully my right under the constitution to peacefully exist) and because I (2) called 911 when the police were unlawfully, inside my house at my bedroom door late at night, when I was asleep and became afraid for my own safety, because someone broke into my house, I did not know at the time it was the Sedona Police Department.
At the Eviction Trial:
I had filed my Answer and Response in the Yavapai Superior Court to the landlord’s Complaint. The court did not have jurisdiction, I was not served any lawul notice, my rent was paid in advance, I was not in any manner in violation of my lease agreement and per the agreement had the lawful first right to refusal to renew my lease and the right to mediation should there be any misunderstandings in the operation of the agreement.
The court Did Not have Jurisdiction! I was not lawfully served a 30 Day Notice to Vacate the Premises as required by ARS 4.1 and statutes ARS § 33-1313 and ARS § 33-1375. L&M Process Servers unlawfully posted the Complaint inside my house on my bedroom door, against the law, it was not lawfully effective. No Affidavit’s of Service could be lawfully entered into court.
Dennis Bayless, landlord’s attorney, Craig Domeier, landlord and L&M Process Servers did not have the right or a “court order” to trespass or intrude into my home in an unlawful and unauthorized entry without my knowledge, consent or permission. They did not have the right to forcibly trespass and invade my home. It is an intentional invasion & injury to my personal liberties, rights & privacy. It was a malicious act and a civil breach to my lawful rights.
Under A.R.S. § 13-1504; A. A person commits a criminal trespass in the 1st degree by knowingly, unlawfully entering a residential structure. Criminal trespass in the 1st degree under subsection A; 1, 5 or 6 is a Class 6 Felony. Punishable by up to 1 year of incarceration.
Jurisdiction and Procedural Due Process:
If a person is not served as required by the law there is no statutory prerequisite for the court to have any power over you! If a person is not lawfully served as required by
ARS Rule 4.1, the court has no legal authority to pass any binding judgment or assertions on a case or against you!
The Yavapai Superior Court had no Jurisdiction to assert a Monetary Judgment or Judgment for possession against me.
The court’s rights are granted by the Constitution and legislation. The courts rights are granted thru procedural due process. Procedural due process is imposed by the Due Process Clause of the Fourteenth Amendment to the United States Constitution.
“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
You can use this caselaw:
And under 28 USCS Sec. 455, and Marshall v Jerrico Inc., 446 US 238 242, 100 S. Ct. 1610, 64 L. Ed. 2d 182 (1980). “The neutrality requirement helps to guarantee life, liberty, or property will not be taken on the basis of erroneous or distorted conception of the facts or the law.” The above is applicable to this court by application of Article VI of the United States Constitution and Stone v Powell, 428 US 465, 485 n. 35, 96 S. Ct. 3037, 49 L.Ed. 2d. 1067 (1976). State courts like federal courts have a constitutional obligation to safeguard personal liberties and to uphold federal law.”
Certain articles of Judge Anna Vonreitz also convey the "governmental services corporation" franchises (the foreign corporations) that are running our governmental services (courts), have no Land Jurisdiction. They have been allowed to come in under the color of law and assert authority and jurisdiction, THEY NEVER POSSESSED!
ARS §12-122: General Power of Superior Court, If a court does not have personal jurisdiction over a party, it’s rulings or decrees cannot be enforced upon that party.
"Procedural due process" requires that the defendant receive lawful notice required by law of the pending action and an opportunity to be heard, even if he/she has counsel.
The landlord did not possess the legal authority to file the Eviction Action against me and the court did not have Jurisdiction. The court was not authorized to enforce an Eviction Action or Summary Proceeding. The landlord was not entitled to possession. I had every right to remain in possession of the premises. The lease did not expire or terminate. The landlord did not have any lawful rights to a Monetary Judgment or to a Judgment for Possession as described above.
A deception practiced in order to induce and force another to give up possession of property, unlawfully, depriving and surrendering their rights, resulting in injury, harm, inconvenience and loss is fraudulent!
There was no legal basis for a Judgment for Possession or for a Monetary Judgment. There was no conclusive evidence entered into court by the landlord or his attorney to support their fabricated and false claims.
Due to the fact the landlord had no conclusive evidence to lawfully support that I was served Notice required by law and had no conclusive evidence to support the landlord had right to possession of the premises and due to the fact that the landlord had no conclusive evidence to lawfully support he had the right to possession or that he had any lawful right to assert I owed him any money, Judge Paupore took control of the proceeding...i.e., matter's into his own hands, so to speak in the following way:
Judge Paupore entered his own testimony in the record asserting: he recalled in another proceeding the defendant said she received an email from the landlord. Thereby, Judge Paupore established that: "Notice" had been served, under the basis that: because "He Said So" disregarding the law. Then the judge unlawfully granted the landlord a judgment and possession of the home I lawfully had the right to reside in, only because the judge "Said So" not based on any law, but only the judge's assertion as a character witness in the trial he was presiding over! The judge didn't stop there. He then asserted an illegal monetary judgment against me (even though I entered evidence into the court establishing my rent was paid 4 months in advance), only based on a dialogue he had with Dennis Bayless, the landlord's attorney and in violation of the law! The Judge allowed the landlord to keep my advanced rent while also asserting an illegal monetary judgement against me. By all appearances, Judge Paupore and Dennis Bayless were unlawfully colluding in what appeared to be a fraudulent scheme.
There was no legal basis or conclusive evidence the landlord had any legal right to a Judgment for Possession or for a Monetary Judgment against me. But Judge Paupore granted both judgments favoring the landlord against the defendant anyway.
While ignoring my Answer to the Court, while ignoring my evidence entered into the court, while ignoring my friend and attorney’s statements (because the judge & court prevented me from speaking) on my behalf to the court. Judge Paupore’s assertions were a dishonest, fabrication of the material facts in the record against clear and controlling law, interfering with the administration of justice.
It was gross abuse in the courtroom by the Judge, who knowingly obliterated and distorted the true facts before him, and was a deliberate violation of the law. And the judges behavior is supported by the court, by all appearances, in support of not interfering with the judge’s independence to make decisions (as stated in the preamble of the Arizona Judicial Codes of Conduct).
Do you get this picture? This justice system doesn't appear to be required to comply with the law, by all appearances they make up their own rules, it would seem. It used to be that Judges had to answer to a grand jury about their actions. The judges eliminated this process so there are absolutely no checks and balances in this system, they do whatever they want, at our expense and suffering, without any oversight or consequences. It’s the perfect storm for nefarious inequities and fraud.
It is a violation of Federal Law Rule 605 Competency of Judge as Witness. It is against Federal Rules of Evidence for a judge to testify in a proceeding. The presiding judge at a trial may not testify in that trial, it is an automatic objection and the judge’s involvement is considered destructive impartiality and applies to all courts of the state.
The Judge’s testimony is erroneous and not admissible under the court rules as evidence and is a deliberate, horrific, reversible & deliberate gross error by the judge. Judge Paupore usurped my constitutional rights to due process and protection of the law.
I filed a complaint with the Arizona Commission on Judicial Conduct due to the judges egregious abusive conduct in the courtroom and his deliberate interference with the administration of justice as follows:
Judge Paupore violated the following Judicial Codes of Conduct:
Rule 3.3: Acting as a Character Witness; A Judge shall not testify as a witness in a judicial, administrative or other judiciary proceeding or otherwise vouch for the character of another person in a legal proceeding.…A judge presiding over a trial is bound under oath to treat all person’s equally fair and just….
The Judge testifying against the tenant, in favor of the landlord, fundamentally creates an unfair, prejudice and bias conflict of interest, causing an irreparable defect and breach in the Court Trial Proceedings, invalidating the proceeding entirely.
Rule 1.1 A judge is bound to uphold and comply with the law.
Rule 1.2 A judge shall act at all times with integrity not impropriety.
Rule 2.2 A judge shall perform his duties without bias or prejudice.
Rule 2.3A. A judge who manifests bias or prejudice in a preceeding impairs the fairness of the proceeding and brings the judiciary into dispute.
Rule 2.5 A judge shall perform his duties competently.
Rule 2.9 ExParte Communications. It is obvious the judge and landlord’s attorney communicated in exparte communications, against the rules.
Rule 2.11 A judge shall disquality himself if the judge’s impartiality is reasonably questioned.
Judge Paupore, by all appearances, violated the Arizona and United States Constitutions, the rules of the court, statutes, laws and judicial codes of conduct and had no lawful authority to illegally evict me or to assert unlawful judgments. (everything stated in this article is authenticated in the records).
All acts, omissions & concealments which involve a breach of legal or equitable duty, trust or confidence justly reposed and are injurious to another or by which an undue unconscientious advantage is taken of another is fraudulent.
Fraud is defined by Federal law as "an intentional deception or misrepresentation"
made by a person with the knowledge that the deception could result in some
unauthorized benefit to himself or some other person. It includes any act that constitutes
fraud under applicable Federal or State law."
Fraudulent Schemes as defined by the Arizona Revised Statutes:
ARS § 13-2310. Fraudulent schemes and artifices; classification; definition
1) Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or
material omissions is guilty of a class 2 felony.
A deception practiced in order to induce and force another to give up
possession of property, unlawfully, depriving and surrendering their rights,
resulting in injury, harm, inconvenience and loss is fraudulent.
ARS § 13-2311. Fraudulent schemes and practices; wilful concealment; classification
1. Notwithstanding any provision of the law to the contrary, in any matter related to business conducted by any department or agency of this state or any political sub-division thereof, any person who, pursuant to a scheme or artifice to defraud or deceive,
knowingly falsifies, conceals or covers up a material fact by any trick, scheme or device
or makes or uses any false writing or document knowing such writing or document contains any false, fictitious or fraudulent statement or entry is guilty of a class 5 felony.
6. “Public agency” means; All courts.
The following Arizona Revised Statute & Rules of Procedure provided a lawful basis for the Defendant to by law, demand the Landlord to initiate action to Dismiss or “Set Aside” the unlawful Judgment for Possession and Monetary Judgement illegally obtained against the tenant by the landlord.
Rule 19. Miscellaneous. Arizona Revised Statutes Annotated rules of Procedure for Eviction Action 17B A.R.S. B specifies;
If after entry of a detainer judgment a plaintiff or attorney concludes, either unlaterally or in response to a dispute by the defendant, that the basis for the detainer action or judgment was not valid, then the plaintiff shall promptly file a motion to set aside the judgment.
Tenant Disputed Landlord's unlawful detainer judgment for possession and for a monetary judgment against her; as the detainer action and judgments were not valid and were obtained illegally as described above.
By law the Plaintiff, Craig Domeier the landlord was required to “Set Aside” the forcible detainer judgment for possession and monetary judgment. Because they were obtained illegally and were disputed by the defendant/tenant as not valid. The demand letters were sent as required by law, of course they were ignored by the landlord and his deceptive attorney, they had no intentions of abiding by the law and either did the court, by all appearances.
Arizona Court of Appeals:
The Court of Appeals dismissed my case due to the fact they stated they could not go against what the Superior Court ruled & issued (*even though it was against the law), but they were very happy to take my $500.00 and threw me a bone by reducing the amount of the monetary judgment. (I have been informed that part of the money we pay into the court goes toward the Judge's retirement plan, so of course they would be happy to take my money, even though there was no chance they would rule against what the Superior Court had already ruled, now there is a conundrum)!
You have to question why then is there a court of appeals?
Arizona Supreme Court:
My case is now in the Arizona Supreme Court.
As I mentioned earlier, unlawful evictions and mortgage fraud seems to be big business in Arizona. Our constitutional liberties are being violated by the very system we pay for. And it is affecting thousands of people here in Arizona, displacing them from their homes. I paid over $300.00 into the Supreme Court and have been informed there is only a small chance that they will even look at my Petition. How is it possible to get any justice in Arizona? So far, unless you are politically aligned with the system here, it doesn't appear that a person has any chance to receive any fair justice, especially in Sedona and Arizona .
I have paid several thousand dollars (combined) into the Yavapai Superior Court, the Arizona Court of Appeals and now the Arizona Supreme Court. And so far, I have not received any fair or equitible justice. It has only consumed my valuable time and money, in a parasitic way.
The Yavapai Superior Court & Judge Paupore were given more than fair notice by the defendant, firmly establishing, that the eviction trial taking place was illegal and unlawful (defandant's answers & claims were supported by the law with conclusive evidence).
Judge Paupore and the Yavapai Superior Court (private corporate subcontractors) under the color of law, have asserted authority and jurisdiction that they never possessed. And failed to enforce the Constitution and protect the people depending on them, but instead unlawfully enforced the illegal eviction of a person exercising her constitutional rights to live and exist in peace according to the law. The Judge and the Court failed to exercise their judicial authority (under oath) to protect the people by due process and protection of the law but instead, enforced the illegal conduct of a hostile and abusive landlord and his deceptive attorney.
Judge Anna Vonreitz has conveyed, it is time to prosecute the federal agencies and their personnel to the fullest extent of the organic and public law. (Although Judge Anna was referring to the atrocities that have taken place in the Lavoy Finnicum murder and in regards to the oregon wildlife refuge standoff), I believe it applies to all Americans. Especially those who have been unjustly reposed. I still grieve what happened to LaVoy Finnicum and the Bundy's and all others associated, but feel deeply inspired by their message and legacy to take action in all the ways that I can to support the emerging changes. God bless them and their families in every way....and God bless America as she reemerges in the dawning light of a new day. http://annavonreitz.com/ammonbundy.pdf
It's time for Judges and attorneys involved in conspiracies against the Constitution, and who have violated our most basic and constitutionally protected rights, to be stripped of any claim of (domestic & foreign) immunity, for their participation in outrages against Americans who were simply exercising their constitutional rights.
And to be prosecuted to the fullest extent of the organic and public law in the newly establishing Common Law Courts, for gross incompetence, moral turpitude and conspiracy against the Constitution and people. http://annavonreitz.com/savvy.pdf
What can We Do? Notice the Big, Huge, Undeniable Elephant!
It seems, the most challenging things we go through, that cause us pain and suffering, can be the most potent catalyst to waking us up to the reality we have been living in (I am not saying that we have to suffer to learn what we need to, but if you are suffering (as are thousands of other people, let it become your catalyst to no longer give any of your time, attention or money to something that only takes from you and enslaves you) and can activate our deepest passions for change. Real change comes from within ourselves and it is usually ignited by something that deeply affects us on a deeply felt emotional level.
The change can be to complete with all of the self serving crumbling systems and prepare ourselves to move into the new ways & systems that are to be rebirthed upon the earth. This notion may seem a little crazy, but look at how dissatisfying and unfulfilling many aspects of life have been here. Our progress can no longer remain limited. The huge, undeniable Elephant is about to change in a really Huge way, or one might say, disappear.
God Bless you in whatever you are dealing with that led you to this Blog and in celebrating your victory in doing the best you can and in being who you are! And remember, it is your own Divine Creative Magic synchronized with your Source Creator within you and in all life that draws your greatest blessings in life to you, no longer subject to creation of that which would keep you powerless and subservient. Love & Light emerging, received, felt, embodied and embibed, directed in the manner to bless all of life is the most potent power in the universe!
By Dorothy, from Emerald City
Enveloped within these ominous new energies emerging within our hearts and in our magical kingdom & queendom known as earth, the villainous & diabolical, secret acts of the Wizards behind the curtain, can no longer stay hidden & concealed, this is for certain. A new day has dawned, the curtains drawn open, the truth revealed, the old ways of those days are over......as the light of higher energies of love brings exposure & disclosure! Where all hidden acts are made right, the truth emerges as our existence is filled with light! The night becomes day, in such a way, that blesses all life and heals all misunderstandings, where all actions are made right.
I just finished reading a well written and potent article written by Irwin Osborne for Wake-UpWorld.com called: 911: Alarm Clock for Human Consciousness. He states the following in his article that rings true in many ways;
One of the Queens of the 1960’s, Janis Joplin, told us, “Freedom is just another word for ‘nothing left to loose’,” …Mr. Osborne states, "the only way to be free is to lose everything you thought you knew to be true, and to awaken to the (innocence, I added) of the inner child, free of preconceptions and open to all possibilities."
Eclipsed of all power, NOW!!!
All is Love
State Bar of Arizona:
I filed a complaint against Dennis Bayless, the landlord’s attorney for violating the Professional Codes of Conduct ER 1.2(d), ER 4.1, ER 8.4 and for engaging in fraudulent practices and schemes as defined in
ARS § 13-2310 and ARS § 13-2311. For trespassing into my home, for dishonestly fabricating facts unsupported by the law, for knowingly violating the law and for obliterating and distorting the true facts in the record and for conspiring in collusion with Judge Paupore, all illegal acts of misconduct and by all appearances.
Model Rules of Professional Conduct by the National Bar Association:
It is a lawyer’s duty to uphold legal process and a lawyer’s conduct should conform to the requirements of the law. A lawyer shall not knowingly advance a claim or defense that is unwarranted under existing law. The lawyer is obligated to dismiss the claim or lawsuit or in the alternative, withdraw.
And shall not take other action on behalf of the client when the lawyer knows or when it is obvious such action would harass or maliciously injure another person.
A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others.
Ethical rules also govern the conduct of attorneys before courts. Thus, an attorney is guilty of misconduct toward the court if he or she brings a frivolous, or unnecessary, proceeding to court; makes false statements to the court; offers false evidence; or unlawfully obstructs another party's access to evidence. It is also considered misconduct if an attorney attempts to influence a judge or juror by illegal means.
A lawyer is professionally responsible "only for those characteristics relevant to law practice." These include violations involving "violence, dishonesty, breach of trust, or interference with the administration of justice.” Nevertheless, violations of the law may seriously impair an attorney's professional standing. A lawyer who commits fraud is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.
The State Bar of Arizona, Did Nothing.....(to my knowledge).
A deception practiced in order to induce and force another to give up
possession of property, unlawfully, depriving and surrendering their rights,
resulting in injury, harm, inconvenience and loss is fraudulent.
Judge Anna Von Reitz has indicated that the International Bar Association is operating illegally on our shores here in America, due to violating their treaties, their charters were not renewed to be able to lawfully operate here in America. The National Bar Association and State Bar Association are only operating under the color of law and have no lawful authority to be operating in America or imposing false penalties against person's of the united States of America. In fact, Judge Anna Vonreitz and her team have filed a $600,000,000,000 lein against the International Bar Association who unlawfully confiscated we the people's money. You can read all about at: http://annavonreitz.com/announcementofcommerciallien.pdf
THE ARIZONA STATE BAR ASSOCIATION ATTEMPTS TO FORCE THE UNLAWFUL SURRENDER OF THE LAW LICENSE OF A LEADING POWER AND FORCE OF SUPPORT TO THE ARIZONA LATINO COMMUNITY AT THE FOREFRONT OF IMMIGRATION ISSUES INCLUDING SB 1070, RACIAL PROFILING & COMPREHENSIVE IMMIGRATION REFORM BASED ON ONE-SIDED PREJUDICE, SPECULATIVE ALLEGATIONS BY
2 SUPERIOR COURT JUDGES
T. Anthony Guajardo, my friend who is an attorney came to support me on the day of the trial. He stated he had never seen so much corruption in his 40 years of practicing law.
Within 30 days after I filed my Complaint against Judge Paupore with the Arizona Commission on Judicial Conduct and against Dennis Bayless with the Arizona Bar Association, 2 Superior Court Judges filed complaints against my friend, T. Anthony Guajardo with the State Bar of Arizona. The State Bar of Arizona is now trying to force the surrender of Mr. Guajardo's law license for speculative allegations of ‘misrepresentation’ by 2 Superior Court Judges, in which one is a chairman on the Judicial Commission.
Judge Joseph Kraemer is a Chairman on the Arizona Judicial Commission and he is one of the judges who filed the complaint against Mr. Guajardo.
Mr. Guajardo brought to the court’s attention that his client had not been lawfully served and the court did not have jurisdiction in a particular case where Judge Kramer was the Judge in the proceeding.
The judge and opposing counsel (by all appearances), distorted and covered up the material facts in the record, fabricating that Mr. Guajardo’s client was served an ‘order to appear’ and ‘petition for temporary orders’ in the initial ‘petition of dissolution.’ But this was not possible, the ‘order to appear’ for ‘temporary orders’ was not initiated or ordered by the judge until 2 weeks after the ‘petition for dissolution.’ The judges order required that Mr. Guajardo’s client be served by the process server or sheriff. This did not take place and there was no ‘affidavit of service’ filed in the court docket.
Additionally, Mr. Guajardo proved that the court did not have jurisdiction and opposing counsel violated the rules of the court, statutes & laws, prerequisite to issuing ‘temporary orders’ against his client, wherein Judge Kraemer stripped all of his client’s ‘parenting rights’ and prevented him from all contact with his children. Even though the court had no jurisdiction because Mr. Guajardo’s client had not been served.
In retaliation against Mr. Guajardo (by all appearances), Judge Kraemer filed a complaint against Mr. Guajardo with the State Bar of Arizona.
Judge Kraemer’s complaint against Mr. Guajardo alleged that:
Judge Kraemer asked Mr. Guajardo 3 questions in the 2nd hearing about the 1st hearing; The 3 answers Mr. Guajardo gave to the judge, in the judge’s speculative opinion, was a ‘wholesale misrepresentation’ of the facts.
Judge Kraemer did not prove or enter any conclusive evidence to support his allegations in his complaint against Mr. Guajardo. The Judge made 3 allegations based on his own one-sided, narrow & bias speculative opinion, enveloped in prejudicial prejudice (by all appearances).
The 3 questions Judge Kraemer stated he asked Mr. Guajardo in his complaint against him are not in the court record.
The 3 answer’s Judge Kraemer alleges Mr. Guajardo replied to the court, the judge states in his complaint, are not in the court record.
What Judge Kraemer bases his complaint on against Mr. Guajardo
IS NOT IN THE COURT RECORD!
The court has control over the court record. And only the court has control over the editing of the court record. There were 5 places in the court video and transcript, on pivotal issues in the case, that were tampered with and (by all appearances) deliberately altered. We entered these findings into the court record.
Judge Kraemer (to our knowledge and by appearances), was the first to review the record. He stated in the 2nd hearing that he would be immediately be reviewing the record.
Judge Kraemer, opposing counsel & opposing counsel’s client were the only ones that benefitted from the tampering of the court record on 5 pivotal issues in the case that an editor would have no knowledge of, unless they were coached.
Title 13 of the Arizona State Criminal Code; ARS §13-2809 Tampering with physical evidence is a class 6 Felony.
The Arizona State Bar prevented Mr. Guajardo from subpoenaing Judge Kraemer. All Judge Kraemer had to do was file a complaint to the State Bar based on his bias,
one-sided, speculative opinion, without any conclusive evidence and the Bar was using this as a means to force the surrender of Mr. Guajardo’s law license, while Judge Kraemer remained behind the curtain (like the wizard, in the Wizard of Oz).
Shauna Miller, Lead Counsel with the State Bar, based on Judge Kraemer’s one-sided, speculative opinion, cited the Professional Codes of Conduct about ‘misrepresentation’ in Judge Kraemer’s complaint, but did not prove with any conclusive evidence or by any evidence in the court record that this was a material fact or true. In other words, Judge Kraemer did not prove his complaint was valid and either did the Arizona Bar Association (by all appearances) in the trial held against Mr. Guajardo on
August 24th, 2016.
Judge Susan Pineda is the other Superior Court Judge who filed a complaint with the State Bar against Mr. Guajardo, near or at the same time as Judge Kraemer, only the circumstances Judge Pineda refers to were nearly a year preceeding the complaint.
Mr. Guajardo proved in court that Judge Pineda's complaint she filed against him were comprised of false allegations, which Mr. Guajardo proved in the trial against him. Once again, Judge Pineda files a one-sided speculative complaint against Mr. Gaujardo, without proving her case with any substantial or conclusive evidence. And as Judge Kramer, doesn't appear to even prove her case. (Another wizard behind the invisible curtain).
Judge Pineda claimed that Mr. Guajardo deliberately failed to appear at 3 hearings, leaving his client without representation and again failed to appear at 2 show of cause hearings.
Judge Pineda's complaint against Mr. Guajardo completely misstated key pivotal facts in her complaint and in the record, which Mr. Guajardo proved and set the record straight in his pre-hearing memorandum and at the trial.
Mr. Guajardo withdrew from his clients case and according to court protocal and in compliance with the law 3 weeks in advance and was replaced by counsel. The 3 hearings did not take place due to the court did not transport the client from the jail to the court.
Mr. Guajardo informed the court in advance to the 2 show of cause hearings, 1) that he needed to make arrangements to appear telephonically (as attorney's do all of the time and it is granted by the court) due to a federal mandate he had to appear in San Franscisco on the same date, which the court denied and prevented Mr. Guajardo from attending telephonically. 2) Mr. Guajardo was scheduled for post-op surgery and could not reschedule and requested the court reschedule the hearing so that he could appear, which the court denied.
Judge Pineda's complaints against Mr. Guajardo were not valid (by all appearances).
Shauna Miller, lead counsel did not prove with any conclusive evidence Judge Pineda's case against Mr. Guajardo. In fact Ms. Miller played a few dirty tricks that backfired in the trial by bringing the testimony of a known felon, drug addict and proven shoplifter, who has made false statements on the record, to use as the only evidence against Mr. Guajardo. This person was never a party to the complaint against Mr. Guajardo and who's testimony is inadmissible. And Shauna Miller is using this tactic to force the surrender of Mr. Guajardo's law license.
These are the facts the State Bar of Arizona are using in their attempt to unlawfully force the surrender of Mr. Guajardo's law license. By all appearances, the Judges have much more to answer for in egregious misconduct than Mr. Guajardo. And the State Bar of Arizona's conduct is highly suspicious. The presiding Judge of the trial was clearly not a neutral party and by all appearances gets paid as a Judge for the State Bar. It's all a bit of a conundrum, although by all appearances, highly official.
We informed the State Bar of Arizona that we would be making a public record of these bizarre and unfortunate circumstances in Mr. Guajardo's pre-hearing memorandum.
Everything is done behind closed doors, controlled by the Bar and directed by the Bar unfavorably against Mr. Guajardo, in secret behind closed doors. It's not a secret any longer, the public has the right to know what the wizard is doing behind the curtain.
Judge Anna Von Reitz has indicated that the International Bar Association is operating illegally on our shores here in America, due to violating their treaties, their charters were not renewed to be able to lawfully operate here in America. The National Bar Association and State Bar Association are only operating under the color of law and have no lawful authority to be operating in America or imposing false penalties against person's of the united States of America. In fact, Judge Anna Vonreitz and her team have filed a $600,000,000,000 lein against the International Bar Association who unlawfully confiscated we the people's money. You can read all about at: www.annavonreitz.com
THE ARIZONA STATE BAR ASSOCIATION ATTEMPTS TO FORCE THE
UNLAWFUL SURRENDER OF THE LAW LICENSE OF A LEADING POWER
AND FORCE OF SUPPORT TO THE ARIZONA LATINO COMMUNITY
AT THE FOREFRONT OF IMMIGRATION ISSUES INCLUDING
SB 1070, RACIAL PROFILING & COMPREHENSIVE IMMIGRATION REFORM
ON SPECULATIVE ALLEGATIONS BY 2 SUPERIOR COURT JUDGES
Immigration is a big issue here in Arizona. There are only a few attorneys here in Maricopa County Arizona who primarily represent the Latino people to ensure they are treated fairly and that their personal liberties are protected under the Arizona Constitution (Article 4) and the US Constitution’s 14th Amendment.
All people here in America, especially and including the Latino Community here in Arizona deserve to be treated fairly and to be protected by due process and protection of the law. I have not seen any attorney fighting for the Latino Community more than
Mr. T. Anthony Guajardo.
T. Anthony Guajardo has been practicing law for the past 40 years. He is a veteran who served his country and who is still serving his country. He is serving the Latino people, his Community, here in Phoenix, Arizona. Mr. Guajardo is at the forefront of the spanish speaking Latino Community on Immigration Issues including SB 1070, Racial Profiling and Comprehensive Immigration Reform for better treatment of his people and to institute more fairness and humane treatment in the laws and legal system towards the Latino Community and all people, especially in immigration and deportation. Mr. Guajardo was also part of Senator John McCain’s task force for enforcing justice in immigration laws.
Mr. Guajardo helped me when I was illegally evicted (I am not Latino but love the Latino people). It seems to me he has been willing to work in ways to help his people far more than most attorneys are willing to help and in a controversial arena. For Mr. Guajardo, it’s not about supporting politics that don’t help the people, it’s about really helping his people. He often expresses to me how passionate he is about implementing and seeing reform in the laws, especially here in Phoenix for more fair and better treatment of the Latino people. Especially in regards to immigration, racial profiling and immigration reform, where people would not be heard if it weren’t for attorney’s like Mr. Guajardo and many others in the community working on the forefront of these same issues and the law. There are not many attorney’s in Maricopa County who’s primary clientele is the Hispanic Latino Community. 99% of Mr. Guajardo’s clientele are the Latino Community. And now, representing himself, he has been faced with similar unlawful conditions he continuously defends the Latino People against.
One awakened to the reality of what is taking place in our legal system (& entire system) thru an illegal eviction in Sedona, Arizona.