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Un-named parties to Complaint

R. Aubree’ Guancione©™ (aka HI&RH Empress Aubreé©™),


Third Party Plaintiff IN ADMIRALTY
Secured Party Creditor, under US Flag
Sovereign American without the US
Non-Domestic Mail, c/o POB Six-Four-One-Six-Four-One
San Jose, California Republic [95164]
Tel. 408-830-6266

SUPERIOR COURT OF CALIFORNIA IN THE ADMIRALTY


COUNTY OF SANTA CLARA – TRAFFIC DIVISION
THIS PLEADING CHANGES JURISDICTION
Criminal Unlimited Admiralty Jurisdiction
1045 HOMESTEAD ROAD, SANTA CLARA, CA 95050

SUPERIOR COURT OF CALIFORNIA ) PEOPLE v GUANCIONE


COUNTY OF SANTA CLARA – TRAFFIC ) State Admiralty Case #7-09-TR-562668
DIVISION, )
PAINE WEBBER GROUP dba THE PEOPLE ) SPECIFIC AFFIDAVIT OF NEGATIVE
of the STATE OF CALIFORNIA ) AVERMENT,
Plaintiff ) OPPORTUNITY TO CURE, AND
vs. ) COUNTERCLAIM
ROSALIE AUBREÉ GUANCIONE©™, a )
maritime trust, ) Notice of: Haines v Kerner at 404
Defendant ) U.S. 519
. )
HI&RH Empress Aubreé©™, ) Date: MAY 29, 2010
Third Party Plaintiff IN )
ADMIRALTY )
vs. )
1. DAVID H. YAMASAKI, dba CHIEF )
EXECUTIVE OFFICER, CLERK (doctrine )
of Responde Superior) )
2. E. ORFANEL, dba CLERK OF THE )
TRAFFIC COURT DIVISION )
3. C. KHA, dba LEGAL PROCESS CLERK )
4. S. CRADDICK, dba COURTROOM )
CLERK )
5. R. SORCI dba COURTROOM CLERK )
6. PENELOPE PAHL dba COMMISSIONER, )
ROOM 56 )
7. JOHN TRIPLETT dba COMMISSIONER )
8. JAMIE JACOBS-MAY, dba PRESIDING )
JUDGE (doctrine of Responde )
Superior) )
9. PAINE WEBBER GROUP dba THE )
PEOPLE of the STATE OF CALIFORNIA )
10.OFFICER JAMES SMITH, BADGE )
#18501 dba CALIFORNIA HIGHWAY )
PATROL )
11.COMMISSIONER JOE A. FARROW dba )
CALIFORNIA HIGHWAY PATROL )
1 of 23 P a g e s
(doctrine of Responde Superior) )
12.J. PORRIA, #1592, dba SANTA CLARA )
COUNTY SHERIFF’S DEPUTY )
SERGEANT )
13.LAURI SMITH dba SHERIFF, SANTA )
CLARA COUNTY (doctrine of Responde )
Superior) )
14.SANTA CLARA COUNTY dba SANTA )
CLARA COUNTY SHERIFF’S DEPT. )
15.CHIEF STEPHEN D. LODGE dba SANTA )
CLARA POLICE DEPARTMENT (doctrine )
of Responde Superior), )
16.CITY OF SANTA CLARA dba SANTA )
CLARA POLICE DEPARTMENT )
17.JUDICIAL COUNCIL OF CALIFORNIA )
dba SUPERIOR COURT OF
CALIFORNIA, COUNTY OF SANTA
CLARA – TRAFFIC DIVISION, and TR-
130 TRAFFIC NOTICE TO APPEAR
18.STATE OF CALIFORNIA dba
CALIFORNIA HIGHWAY PATROL
19.DIRECTOR GEORGE VALVERDE, dba
DEPARTMENT OF MOTOR VEHICLES
20.STATE OF CALIFORNIA dba
DEPARTMENT OF MOTOR VEHICLES
Third Party Defendants,
Severally and Individually, All

SPECIFIC AFFIDAVIT OF NEGATIVE AVERMENT,


OPPORTUNITY TO CURE, AND COUNTERCLAIM
Comes now HI&RH Empress Aubreé©™, Third Party Plaintiff, by special
visitation and not appearing generally, before this court seeking a remedy in
Admiralty as is provided by “The Saving to the Suitors Clause” at USC 28
-1333(1). I am standing in my unlimited commercial liability as a Secured
Party Creditor and request that the officers of this court do the same.

I respectfully request the indulgence of this court as I am not schooled


in law. This is provided by the precedent set by Haines vs. Kerner at 404
U.S. 519 .

Notice to Agent is Notice to


Principal
Notice to Principal is Notice to
Agent

SILENCE IS ACQUIESCENCE, AGREEMENT, AND DISHONOR


THIS IS A SELF-EXECUTING CONTRACT

2 of 23 P a g e s
NOTICE OF INTERNATIONAL COMMERCIAL CLAIM WITHIN THE ADMIRALTY

ab initio ADMINISTRATIVE REMEDY

[28 U.S.C. §1333, §1337, §2461 and §2463]

NOTICE: THIS DOCUMENT IS NOT INTENDED TO THREATEN, HARASS,


HINDER OR OBSTRUCT ANY LAWFUL OPERATIONS. IT IS FOR THE PURPOSES
OF OBTAINING LAWFUL REMEDY AS PROVIDED BY LAW.

LIBELLANT:

HI&RH Empress Aubreé©™, Secured Party Creditor, sovereign American,


Beneficiary, Executive Beneficiary for the Private Contract Maritime Trust
known as ROSALIE A. GUANCIONE©™
c/o G.A. RINELLA, Notary Acceptor
PO BOX 6341, SANTA CLARA, CALIFORNIA, 95056

LIBELLEES:

DAVID H. YAMASAKI, dba CHIEF EXECUTIVE OFFICER, CLERK (doctrine of Responde


Superior)
E. ORFANEL, dba CLERK OF THE TRAFFIC COURT DIVISION
C. KHA, dba LEGAL PROCESS CLERK
S. CRADDICK, dba COURTROOM CLERK
R. SORCI dba COURTROOM CLERK
PENELOPE PAHL dba COMMISSIONER, ROOM 56
JOHN TRIPLETT dba COMMISSIONER
JAMIE JACOBS-MAY, dba PRESIDING JUDGE (doctrine of Responde Superior)
PAINE WEBBER GROUP dba THE PEOPLE of the STATE OF CALIFORNIA
OFFICER JAMES SMITH, BADGE #18501 dba CALIFORNIA HIGHWAY PATROL
COMMISSIONER JOE A. FARROW dba CALIFORNIA HIGHWAY PATROL (doctrine of
Responde Superior)
J. PORRIA, #1592, dba SANTA CLARA COUNTY SHERIFF’S DEPUTY SERGEANT
LAURI SMITH dba SHERIFF, SANTA CLARA COUNTY (doctrine of Responde Superior)
SANTA CLARA COUNTY dba SANTA CLARA COUNTY SHERIFF’S DEPT.
CHIEF STEPHEN D. LODGE dba SANTA CLARA POLICE DEPARTMENT (doctrine of
Responde Superior)
CITY OF SANTA CLARA dba SANTA CLARA POLICE DEPARTMENT
JUDICIAL COUNCIL OF CALIFORNIA dba SUPERIOR COURT OF CALIFORNIA, COUNTY
OF SANTA CLARA – TRAFFIC DIVISION, and TR-130 TRAFFIC NOTICE TO APPEAR
STATE OF CALIFORNIA dba CALIFORNIA HIGHWAY PATROL
DIRECTOR GEORGE VALVERDE, dba DEPARTMENT OF MOTOR VEHICLES (doctrine of
Responde Superior)
STATE OF CALIFORNIA dba DEPARTMENT OF MOTOR VEHICLES

Notice to Agent is Notice to Principal


Notice to Principal is Notice to Agent

3 of 23 P a g e s
Registered US Mail to: DAVID H. YAMASAKI, dba CHIEF EXECUTIVE OFFICER,
CLERK (doctrine of Responde Superior), E. ORFANEL, dba CLERK OF THE
TRAFFIC COURT DIVISION, C. KHA, dba LEGAL PROCESS CLERK, S. CRADDICK,
dba COURTROOM CLERK, R. SORCI dba COURTROOM CLERK, PENELOPE PAHL
dba COMMISSIONER, ROOM 56, JOHN TRIPLETT dba COMMISSIONER, JAMIE
JACOBS-MAY, dba PRESIDING JUDGE (doctrine of Responde Superior), PAINE
WEBBER GROUP dba THE PEOPLE of the STATE OF CALIFORNIA, JUDICIAL
COUNCIL OF CALIFORNIA dba SUPERIOR COURT OF CALIFORNIA, COUNTY OF
SANTA CLARA – TRAFFIC DIVISION, and TR-130 TRAFFIC NOTICE TO APPEAR,
In care of the Postmaster:

DAVID H. YAMASAKI
CHIEF EXECUTIVE OFFICER, CLERK
SUPERIOR COURT OF CALIF., COUNTY OF SANTA CLARA
191 N. First St.
San Jose, CA 95113

Postmaster is additionally subject to postal statutes and the jurisdiction of the


Universal Postal Union. Postmaster is also subject to the Bills of Lading Act, Title 5
USC, for proper delivery to all other Libellees.

Notice to Agent is Notice to Principal


Notice to Principal is Notice to Agent

Registered US Mail to: OFFICER JAMES SMITH, BADGE #18501 dba


CALIFORNIA HIGHWAY PATROL, COMMISSIONER JOE A. FARROW dba
CALIFORNIA HIGHWAY PATROL (doctrine of Responde Superior), STATE OF
CALIFORNIA dba CALIFORNIA HIGHWAY PATROL, each
In care of the Postmaster:

COMISSIONER JOE A. FARROW


CALIFORNIA HIGHWAY PATROL
P.O. Box 942898
Sacramento, CA 94298-0001
(916) 843-3000

Postmaster is additionally subject to postal statutes and the jurisdiction of the


Universal Postal Union. Postmaster is also subject to the Bills of Lading Act, Title 5
USC, for proper delivery to all other Libellees.

Notice to Agent is Notice to Principal


Notice to Principal is Notice to Agent

Registered US Mail to: J. PORRIA, #1592, dba SANTA CLARA COUNTY


SHERIFF’S DEPUTY SERGEANT, LAURI SMITH dba SHERIFF, SANTA CLARA
COUNTY (doctrine of Responde Superior), SANTA CLARA COUNTY dba SANTA
CLARA COUNTY SHERIFF’S DEPT., each
In care of the Postmaster:

LAURI SMITH
SHERIFF, SANTA CLARA COUNTY
55 W. Younger Ave.

4 of 23 P a g e s
San Jose, CA 95110

Postmaster is additionally subject to postal statutes and the jurisdiction of the


Universal Postal Union. Postmaster is also subject to the Bills of Lading Act, Title 5
USC, for proper delivery to all other Libellees.

Notice to Agent is Notice to Principal


Notice to Principal is Notice to Agent

Registered US Mail to: DIRECTOR GEORGE VALVERDE, dba DEPARTMENT OF


MOTOR VEHICLES (doctrine of Responde Superior), STATE OF CALIFORNIA
dba DEPARTMENT OF MOTOR VEHICLES, each
In care of the Postmaster:

GEORGE VALVERDE, DIRECTOR of DMV


DMV – Sacramento, CA
2555 1st Avenue
Sacramento, CA 95818

Postmaster is additionally subject to postal statutes and the jurisdiction of the


Universal Postal Union. Postmaster is also subject to the Bills of Lading Act, Title 5
USC, for proper delivery to all other Libellees.

Notice to Agent is Notice to Principal


Notice to Principal is Notice to Agent

Registered US Mail to: CHIEF STEPHEN D. LODGE dba SANTA CLARA POLICE
DEPARTMENT (doctrine of Responde Superior), CITY OF SANTA CLARA dba
SANTA CLARA POLICE DEPARTMENT, each
In care of the Postmaster:

JENNIFER SPARACINO
CITY MANAGER
1500 Warburton Ave.
Santa Clara, CA 95050

Postmaster is additionally subject to postal statutes and the jurisdiction of the


Universal Postal Union. Postmaster is also subject to the Bills of Lading Act, Title 5
USC, for proper delivery to all other Libellees.

ADMINISTRATIVE REMEDY PROCEDURE

Libellant, by Restricted Appearance, is hereby exhausting her administrative


remedies within the Admiralty by Notic(e)/(ing) Libellees, and each of their
separate Agents, Co-Party and Officers.

As an operation of law, Libellant is required to exhaust her administrative


remedies. This Administrative Remedy within the admiralty document is US
registered mail as identified in the Affidavit of Service.

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As with any administrative process, Libellee may controvert the statements
and/or claims made by Libellant by executing and delivering a verified
response point by point, in affidavit form, sworn and attested to, signed by
Libellee with evidence in support by Mail addressed to Notary Acceptor.

Answers conveyed by any other means are considered a non-response and


will be treated as a non-response.

Libellee may agree and admit to all statements and claims made by Libellant
by TACIT PROCURATION by simply remaining silent.

ESTOPPEL BY AQUIESCIENCE: In the event Libellee admits the statements


and claims by TACIT PROCURATION, all issues are deemed settled RES
JUDICATA, STARE DECISIS and COLLATERAL ESTOPPEL. Libellee may not
argue, controvert, or otherwise protest the finality of the administrative
findings in any subsequent process, whether administrative or judicial.

Any action(s), by Libellee(s), in any court or other forum, undertaken against


Libellant, outside this Administrative Remedy by Libellee(s), is a trespass
against Libellant and will result in an increase in the amount of the True Bill
of ten (10) times the original amount and will continue to increase in the
same amount of any additional trespasses.

Libellee is granted 21 days to respond to the statements and claims herein


and/or to provide Libellee’s own answers to inquires.

Libellee may, after agreeing to all claims put forth by Libellant, enter into
negotiations to settle the agreement/ contract with terms to be agreed upon.

DEFINITIONS

The term “Affiant” means HI&RH Empress Aubreé©™, living flesh and blood
actual woman, non-legal fiction creditor and secured party, injured party,
Libellant.

The term “Libellee” means those opposing parties in this instant action as
they appear in fiction, Stramineus homo, Commercial Straw-man, person,
individual.

The term “Libellant” means HI&RH Empress Aubreé©™, living flesh and
blood actual woman, non-legal fiction creditor and secured party, injured
party, Affiant.

The term “ROSALIE A. GUANCIONE©™” means non-living entity, Stramineus


homo, Commercial Straw-man, artificial entity, legal fiction, ROSALIE A.
GUANCIONE©™, 549-98-2310.
6 of 23 P a g e s
The term “NOTICE OF INTERNATIONAL COMMERCIAL CLAIM WITHIN THE
ADMIRALTY, ADMINISTRATIVE REMEDY” is an agreement/contract between
Libellant, HI&RH Empress Aubreé©™, CREDITOR, SECURED PARTY and each
Libellee, and each of their separate Co-Party and Officers.

STATEMENT OF FACTS

1. Libellant is not one in the same as any legal fiction entity, 14th Amendment
person, individual, commercial Straw-man or number created by the federal
government.

2. Libellant has never knowingly, willingly and for certain and fair consideration
entered into any contract that would controvert Libellant’s private natural
character status.

3. Libellant is not a trustee, surety, liable party and business partner for any legal
fiction entity or number created by any corporation or the federal government,
and has never knowingly, willingly, and for certain and fair consideration, ever
entered into any contract that would controvert Libellant’s claim on non-surety
status.

4. Libellant has a non-privy relationship with all legal fiction entities.

5. HI&RH Empress Aubreé©™ is an agent for ROSALIE A. GUANCIONE©™, not a


trustee or liable party. UCC 3-402 (b)(1)

6. HI&RH Empress Aubreé©™ has not failed to state a claim upon which relief can
be granted as evidenced on the commercial registry at the California State
Secretary of State’s Office, in the form of a UCC 1 and its amendments, as
evidenced on the commercial registry at the Washington State Secretary of
State’s Office, in the form of a UCC 1 and its amendments, as evidenced on the
commercial registry at the Santa Clara County Clerk-Recorder’s Office records,
in the form of a UCC 1 and its amendments, as evidenced on the commercial
registry at the New York State Secretary of State’s Office, in the form of a UCC 1
and its amendments.

7. The Libellees, and each of their separate agents, Co-Party and Officers, are
committing SCIENTER ACTS (omitting knowledge) in Bad Faith, Fraud,
Conspiracy, Undue Enrichment, Aiding and Abetting, Willful and Wanton,
Irreparable Harm, with Malice and Forethought, Conversion, Commercial War,
Commercial Credit Slander and continuous torts.

8. Any immunity, whether Absolute or Limited are not protective in their acts of
Bad Faith against ROSALIE A. GUANCIONE©™ and that Am Jur 2nd, Volume 17
(A) Clause #298 applies. NO IMMUNITIES WILL PROTECT A PERSON WHO ACTS
IN BAD FAITH.

9. Any Collateral Attack on this AGREEMENT/CONTRACT is in Bad Faith and is an


attempt to violate U.S. Constitution Article I, Section 10, "THE IMPAIRMENT OF
CONTRACTS" and the D.C. Codes.

7 of 23 P a g e s
10. The Libellees, have each, never disclosed the nature and cause and conditions
of the contracts in commerce that were executed on the Libellant.

11. Libellant does not now nor has ever comprehended the offer and contract as it
pertains to ROSALIE A. GUANCIONE©™, HI&RH Empress Aubreé©™.

12. By and through this commercial notice the Libellant notices the Libellees, and
each of their co-partners and the Public, that by mistake, Libellant has moved in
good faith to comprehend and remedy a mistake caused by her misplaced trust
and inability to comprehend the motives of those attempting to contract with
ROSALIE A. GUANCIONE©™, or HI&RH Empress Aubreé©™

13. All contracts and agreements and presentments by any and all Libellees, their
agents, Officers(s) and Employees, are expressly induced by Fraud, Coercion,
Extortion and non-disclosure contracts upon the Libellant.

14. Libellees, their agents, Officers(s) and Employees have created unsupported
commercial documents that were relied upon by third parties to deprive
Libellant of property.

15. Libellees, their agents, Officers(s) and Employees, have used the US Postal
Service and commercial electronic media to send fraudulent unsupported
commercial documents that were relied upon by third parties to deprive
Libellant of property by a fraudulent presumption of pledge.

16. Libellees, their agents, Officers(s) and Employees have used fictitious names on
commercial documents to deprive the Libellant of property.

17. Libellant has no remedy other than contractual and the elements of mistake,
non-jurisdiction and acceptance for value in accordance with Public Policy.
Public Law 73-10

18. Libellees, their agents, Officers(s) and Employees, have failed to adjust the
accounts of ROSALIE A. GUANCIONE©™ in the matter of Accepted for Value
presentments.

19. Libellees, their agents, Officers(s) and Employees, have made false and
fraudulent entries into specially coded files such as Customer Transaction that
courts of fiction rely upon as undisputed evidence without any verified proof of
evidence as fact.

20. Libellee follows Generally Accepted Accounting Practices (GAAP).

21. Libellees, their agents, Officers(s) and Employees, have never made an
assessment or signed an Assessment Certificate under penalty of perjury, true,
correct, complete and not misleading.

22. Libellees, their agents, Officers(s) and Employees, (is a)/(are) fiction(s) and
Libellant is a visitor in a court of fiction. Libellant is an actual being of the
Creator and is of likeness of character, her law and truth proceeds from the
Holy Scriptures which are truth and not inferior to the world of corrupted fiction

8 of 23 P a g e s
which has no righteousness in it and is manipulated by those claiming immunity
for their acts of confusion and fraud.

23. If the Libellee(s), ITS co-parties and officers discover any errors or omissions,
legal or otherwise, in or related to this instrument, said agents, officers and co-
parties are required to notice the Libellant at the address of the Notary
Acceptor only, with a point by point description of any such errors and
omissions within twenty-one (21) days of receiving this Notice by Mail or forever
admit the lawful execution of this Notice as a matter of the public record.

24. If additional time is required for responding, a request must be received by the
Libellant at the address of the Notary Acceptor within the twenty-one (21) days
allotted or be forever barred from contest under the doctrine or maxim of
Collateral Estoppel.

25. The Libellees, their agents, Officers(s) and Employees, are required to notify the
Libellant within twenty-one (21) days of acknowledgement, acceptance and
agreement to the address of the Notary Acceptor only. You may agree to all
statements and claims by Libellant by simply remaining silent.

26. Libellant, HI&RH Empress Aubreé©™ is using the Copyrighted Statutes only for
her remedy and not for profit.

27. Libellant, HI&RH Empress Aubreé©™ has never granted or authorized the use
of her copyrighted name in any form to any of the Libellees, their agents,
Officers(s) or Employees.

28. Libellant, HI&RH Empress Aubreé©™ has never been paid any usage fees for
the publication of her name in any forum, venue, or any medium of recordation,
by any of the Libellees, their agents, Officers(s) or Employees.

29. Libellees, their agents, Officers(s) and Employees have committed intellectual
property theft against Libellant HI&RH Empress Aubreé©™ by committing acts
of copyright infringement upon her copyrighted name, without her knowledge,
written permission, or payment for use.

30. No sections of the California Vehicle Code apply to sovereign Americans who
are not U.S. citizens, as they have sovereign immunity to state statutes.

31. No sections of the California Penal Code apply to sovereign Americans who are
not U.S. citizens, as they have sovereign immunity to state statutes.

32. HI&RH Empress Aubreé©™, is a sovereign American and not a US citizen, and
she has rebutted the courts presumption that she is a US citizen through public
filings called Act of State, Demand and Notice, UCC-1, and several other
documents.

33. ROSALIE A. GUANCIONE©™ is a Maritime Trust. A trust is an enz legis that


obviously cannot operate any type of machinery.

9 of 23 P a g e s
34. The SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA, TRAFFIC
DIVISION has failed to state a claim for which relief can be granted against
HI&RH Empress Aubreé©™.

34. The SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA, TRAFFIC


DIVISION has no personal jurisdiction over HI&RH Empress Aubreé©™.

34. The SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA, TRAFFIC


DIVISION has never provided a verified complaint against HI&RH Empress
Aubreé©™. Traffic tickets do not constitute a verified complaint unless the
accused has already pled guilty. HI&RH Empress Aubreé©™ has never entered
any plea for case 7-09-TR-562668.

35. A Court Commissioner entered a plea for HI&RH Empress Aubreé©™ in case 7-
09-TR-562668 without her consent, because the state court has no jurisdiction
over the sovereign, who has sovereign immunity to all state court jurisdiction.

36. SANTA CLARA COUNTY SHERIFF’S DEPUTY removed documents from the court
file in case 7-09-TR-562668 and handed them to William Bullock Stewart III©™
in order to conceal them from the public record, docket file, and the judge and
jury for the case. Theft of documents from the public record is a violation of
Title 18 UNITED STATES CODE.

37. No member of the SANTA CLARA COUNTY SHERIFF’S DEPARTMENT would act on
the immediate complaint regarding the SHERIFF’S DEPUTY SERGEANT who
removed documents from the court file in case 7-09-TR-562668 and handed
them to William Bullock Stewart III©™ in order to conceal them from the public
record, docket file, and the judge and jury for the case. Theft of documents from
the public record is a violation of Title 18 UNITED STATES CODE. Failure to act
on a crime when it becomes known to the Judicial or Public Safety Officer
constitutes the crime of collusion, conspiracy, racketeering, of the public official
who fails to enforce the law.

38. No member of the CITY OF SANTA CLARA POLICE DEPARTMENT in either of the
two cruisers dispatched to the Santa Clara courthouse would act on the
immediate complaint regarding the SHERIFF’S DEPUTY SERGEANT who removed
documents from the court file in case 7-09-TR-562668 and handed them to
William Bullock Stewart III©™ in order to conceal them from the public record,
docket file, and the judge and jury for the case. Theft of documents from the
public record is a violation of Title 18 UNITED STATES CODE. Failure to act on a
crime when it becomes known to the Judicial or Public Safety Officer constitutes
the crime of collusion, conspiracy, racketeering, of the public official who fails to
enforce the law.

39. Both Commissioner Pahl and Commissioner Triplett refused to provide a jury
trial for the case 7-09-TR-562668 despite the matter in controversy exceeding
$20 in violation of the 7th amendment of the federal Constitution of 1776, and
after written requests for jury trial by HI&RH Empress Aubreé©™.

40. Both Commissioner Pahl and Commissioner Triplett refused to provide a verified
complaint nor a formal arraignment for the case 7-09-TR-562668 despite the

10 of 23 P a g e s
written requests for verified complaint by HI&RH Empress Aubreé©™, in
accordance with CPC 853.9 (a) and (b).

41. Both Commissioner Pahl and Commissioner Triplett refused to recognize the
sovereign immunity of HI&RH Empress Aubreé©™.

42. Both Commissioner Pahl and Commissioner Triplett refused to provide HI&RH
Empress Aubreé©™ with an elected judicial officer to preside over the trial in
case 7-09-TR-562668 despite the written requests HI&RH Empress Aubreé©™
and her right to an elected judge to hear the case based upon the STATE OF
CALIFORNIA Constitution.

43. The STATE OF CALIFORNIA and the JUDICAL COUNCIL OF CALIFORNIA, and each
of their agents, officers, employees, and other representatives, performed acts
of land piracy in violation of United States Code regarding piracy against HI&RH
Empress Aubreé©™ and various other officials of the COUNTY OF SANTA
CLARA, CITY OF SANTA CLARA, and the JUDICIAL COUNCIL OF CALIFORNIA acted
in collusion, conspiracy, racketeering, wire fraud, writ of attainder, violation of
civil rights and other federal Constitutional rights to unhindered travel.

44. While conducting business with the clerks at the Santa Clara courthouse, the 58
year old, handicapped woman, the previous victim of an assault and battery
under color of law without 4th amendment warrant, HI&RH Empress Aubreé©™
was harassed, humiliated, ridiculed and taunted by a SANTA CLARA COUNTY
SHERIFF’S DEPUTY SERGEANT. Signed affidavits attesting to the behavior of this
deputy were submitted to the SHERIFF’S DEPARTMENT but not even a signed
letter of apology out of common courtesy was ever received by the
handicapped HI&RH Empress Aubreé©™, who is a widow of a US Navy Veteran
buried in a National Cemetary.

COMMERCIAL OATH AND VERIFICATION

California republic )
) ss Commercial Oath and Verification
County of Santa Clara )

I, HI&RH Empress Aubreé©™, under my unlimited liability and Commercial


Oath, proceeding in good faith, being of sound mind, state that the facts
contained herein are true, correct, complete and not misleading and based
on Libellant's first hand knowledge and personal experience of said facts and
events, under penalty of International Commercial Law.

By: HI&RH Empress


Aubreé©™,
Without Prejudice UCC § 1-
207/308

11 of 23 P a g e s
__________________________
_______
Signature lawful woman,
secured party creditor,
Libellant

STATEMENT AND INQUIRES

1. Libellee(s) admits Libellant is not one and the same as any Artificial Legal
Fiction entity, 14th Amendment person, individual, commercial Straw-
man, or number, or trust, created by the Federal government.

ANSWER: [Admits/Acknowledge if no answer is provided]

2. Libellee(s) admits Libellant is an injured party in this matter and not one
in the same as any defendant in any action in any State or Federal case.

ANSWER: [Admits/Acknowledge if no answer is provided]

3. Libellee(s) admits Libellant is not a trustee, surety, liable party, or


business partner, for any legal fiction entity or number created by any
corporation or the federal government, and has never knowingly,
willingly, and for certain and fair consideration, ever entered into any
contract that would controvert Libellant’s claim on non-surety status.

ANSWER: [Admits/Acknowledge if no answer is provided]

4. Libellee(s) admits Libellant has a non-privity relationship with all legal


fiction entities.

ANSWER: [Admits/Acknowledge if no answer is provided]

5. Libellee(s) admits HI&RH Empress Aubreé©™ has not failed to state a


claim upon which relief can be granted as evidenced on the commercial
registry at the California State Secretary of State’s Office, in the form of a
UCC 1 and its amendments, as evidenced on the commercial registry at
the Washington State Secretary of State’s Office, in the form of a UCC 1
and its amendments, as evidenced on the commercial registry at the
Santa Clara County Clerk-Recorder’s Office records, in the form of a UCC
1 and its amendments, as evidenced on the commercial registry at the
New York State Secretary of State’s Office, in the form of a UCC 1 and its
amendments.

ANSWER: [Admits/Acknowledge if no answer is provided]

6. Libellee(s) admits Libellant is an agent for ROSALIE A. GUANCIONE©™,


not a trustee or liable party.

12 of 23 P a g e s
ANSWER: [Admits/Acknowledge if no answer is provided]

7. Libellee(s) admits they have never disclosed that charges and penalties
are based on HI&RH Empress Aubreé©™’s voluntary act to contract and
libellee(s) agree that all such contracts are void due to their hidden
nature and lack of disclosure.

ANSWER: [Admits/Acknowledge if no answer is provided]

8. Libellees, their agent(s), Officers and Co-parties are committing


SCIENTER ACTS (omitting knowledge) in Bad Faith, Fraud, Conspiracy,
Undue Enrichment, Aiding and Abetting, Willful and Wanton, Irreparable
Harm, with Malice and Forethought, Conversion, Commercial War,
Commercial Credit Slander and continuous torts.

ANSWER: [Admits/Acknowledge if no answer is provided]

9. Libellee(s) admits any immunity, whether Absolute or Limited, are not


protective in their acts of Bad Faith against ROSALIE A. GUANCIONE©™
and that Am Jur 2nd, Volume 17 (A) Clause #298 applies. NO IMMUNITIES
WILL PROTECT A PERSON WHO ACTS IN BAD FAITH.

ANSWER: [Admits/Acknowledge if no answer is provided]

10. Libellee(s) admits any Collateral Attack on this AGREEMENT/CONTRACT is


in Bad Faith and attempts to violate U.S. Constitution Article I, Section
10, "THE IMPAIRMENT OF CONTRACTS" and the D.C. Codes.

ANSWER: [Admits/Acknowledge if no answer is provided]

11. Libellee(s) admits Libellee(s), their agent(s), Officers and Co-parties


(has)/(have) never disclosed the nature and cause and conditions of the
contracts in commerce that were executed on the Libellant.

ANSWER: [Admits/Acknowledge if no answer is provided]

12. Libellee(s) admits injuring Libellant by willfulness, by error, by intent to


mislead, by omission, by confusion, by hidden contracts, by solicitation,
by creating revenue, by conversion, and by fraud.

ANSWER: [Admits/Acknowledge if no answer is provided]

13. Libellee(s) admits the Libellant notices Libellee(s), their agent(s),


Officers, Co-parties, co-partners and the Public, that by mistake, Libellant
has moved in good faith to comprehend and remedy a mistake caused by
her misplaced trust and inability to comprehend the motives of those
attempting to contract ROSALIE A. GUANCIONE©™, or HI&RH Empress
Aubreé©™.
13 of 23 P a g e s
ANSWER: [Admits/Acknowledge if no answer is provided]

14. Libellee(s) admits all contracts and agreements and presentments by any
and all Libellee(s), their Agent(s), Officers, Co-parties, co-partners, and
Employees, are expressly induced by Fraud, Coercion, and Extortion
upon the Libellant and non-disclosure contracts.

ANSWER: [Admits/Acknowledge if no answer is provided]

15. Libellee(s) admits Libellee(s), their Agent(s), Officers, Co-parties, co-


partners, Officers and employees, have created unsupported commercial
documents that were relied upon by third parties to deprive Libellant of
property.

ANSWER: [Admits/Acknowledge if no answer is provided]

16. Libellee(s) admits no “ANSWER” by legal definition can be provided in


any instance, neither in part or in whole, and that they (the libellee(s))
are found out and have no excuse and no affirmative defense for their
Criminal Acts.

ANSWER: [Admits/Acknowledge if no answer is provided]

17. Libellee(s) admits Libellee(s), their agents, Officers, and Employees, have
used the US Postal Service and commercial electronic media to send
fraudulent and unsupported commercial documents that were relied
upon by third parties to deprive Libellant of property by a fraudulent
presumption of pledge.

ANSWER: [Admits/Acknowledge if no answer is provided]

18. Libellee(s) admits Libellee(s), their agents, Officers, and Employees, have
used fictitious names on commercial documents to deprive Libellant of
property.

ANSWER: [Admits/Acknowledge if no answer is provided]

19. Libellee(s) admits Libellant has no remedy other than contractual and the
elements of mistake, non-jurisdiction and acceptance for value.

ANSWER: [Admits/Acknowledge if no answer is provided]

20. Libellee(s) admits Libellees, their Agents, Officers(s) and Employees,


have failed to adjust the accounts of in the matter of Accepted for Value
presentments.

ANSWER: [Admits/Acknowledge if no answer is provided]

14 of 23 P a g e s
21. Libellee(s) admits Libellees, their Agents, Officers(s) and Employees, have
made false and fraudulent entries into specially coded files such as
Customer Transaction Account and that these files are coded for the
purpose of preventing the public and Libellant access to their content so
that courts of fiction may rely upon as these files as undisputed evidence
without any verified proof of evidence as fact.

ANSWER: [Admits/Acknowledge if no answer is provided]

22. Libellee(s) admits it follows Generally Accepted Accounting Practices


(GAAP).

ANSWER: [Admits/Acknowledge if no answer is provided]

23. Libellee(s) admits that Libellees, their Agents, Officers(s) and Employees,
have never made a verified assessment or signed an Assessment
Certificate under penalty of perjury, true, correct, complete and not
misleading re ROSALIE A. GUANCIONE©™.

ANSWER: [Admits/Acknowledge if no answer is provided]

24. Libellee(s) admits that Libellees, their Agents, Officers(s) and Employees,
(is a)/(are) fiction(s) and Libellant is a visitor in a court of fiction. Libellant
is an actual being of the Creator and is of likeness of character. Her law
and truth proceeds from the Holy Scriptures which are truth and not
inferior to the world of corrupted fiction which has no righteousness in it
and is manipulated by those claiming immunity for their acts of
confusion, fraud, Scienter Acts and continuous torts.

ANSWER: [Admits/Acknowledge if no answer is provided]

25. Libellee(s) admits that if the Libellee(s), ITS co-parties and officers
discover any errors or omissions, legal or otherwise, in or related to this
instrument, said agents, officers and co-parties are required to notice the
Libellant at the address of the Notary Acceptor only, with a point by point
description of any such errors and omissions within twenty-one (21) days
of receiving this Notice by Mail or forever admit the lawful execution of
this Notice as a matter of the public record.

ANSWER: [Admits/Acknowledge if no answer is provided]

26. Libellee(s) admits that if a request for additional time to respond is


needed, such request must be received by the Libellant at the address of
the Notary Acceptor only within the twenty-one (21) days allotted or be
forever barred from contest under the doctrine or maxim of Collateral
Estoppel. 5 USC §706

ANSWER: [Admits/Acknowledge if no answer is provided]


15 of 23 P a g e s
27. Libellee(s) admits it is mandatory to place themselves under unlimited
liability commercial oath to secure integrity in their responses.

ANSWER: [Admits/Acknowledge if no answer is provided]

28. Libellee(s) admits the harm created by their Criminal Acts and
Acknowledge that the Sum Certain in the True Bill is correct as presented
and is to be paid to the Libellant.

ANSWER: [Admits/Acknowledge if no answer is provided]

29. Libellee(s) admits that any stall and delay created by Libellee(s), their
employees, officers, agents or representatives, is conversion of the Sum
Certain in the Accounting and True Bill of this Commercial Instrument.
Such stall or delay will result in an increase in the Sum Certain in the
Accounting and True Bill of ten (10) times for Compensatory Punitive
Damages, which shall prevail contractually.

ANSWER: [Admits/Acknowledge if no answer is provided]

30. Libellee(s) admits and agrees that the Accounting and True Bill is true,
correct, complete and certain following the perfection of this Commercial
Instrument.

ANSWER: [Admits/Acknowledge if no answer is provided]

31. Libellee(s) admits and agrees that the Libellant has Libellee(s)’s
agreement to place maritime lien(s), and uniform commercial code
lien(s), on Libellee(s), for the sum certain owed to Libellant for all
damages claimed following the perfection of this Commercial Instrument.
Libellee(s) further agree that the Libellant has Libellee(s)’s agreement to
publish notices of those liens anywhere in the public record, or in any
court, to facilitate comprehensive collection action against Libellee(s).

ANSWER: [Admits/Acknowledge if no answer is provided]

32. Libellee(s) admits and agrees that the Libellant may place Libellee(s) into
involuntary bankruptcy for failure to pay the sum certain owed to
Libellant for all damages claimed following the perfection of this
Commercial Instrument to facilitate comprehensive collection action.

ANSWER: [Admits/Acknowledge if no answer is provided]

33. Libellee(s) admits that if and when they answer this Statement and
Inquires, the Libellee’s answer will only be valid with Libellee’s SSN #,
and the EIN # of Libellee’s associated corporation, attached since
Libellant is providing the ROSALIE A. GUANCIONE©™ number, SSN 549-
98-2310.
16 of 23 P a g e s
ANSWER: [Admits/Acknowledge if no answer is provided]

34 Libellee(s) admit that Libellant is using the Copyrighted Statutes of


California and the United States for her remedy and not for profit.

ANSWER: [Admits/Acknowledge if no answer is provided]

35. Libellee(s) admit that Libellant has a copyrighted name, filed publicly
with the King County Registrar, Washington State, that is referenced in a
UCC-1 filing with the Washington State Secretary of State, which states
the usage fee of the copyrighted name, in any form or variation of
ROSALIE A. GUANCIONE©™ is $500.000.00, and the penalty for copyright
infringement is $1.5 million.

ANSWER: [Admits/Acknowledge if no answer is provided]

36. Libellee(s) admit that Libellees, their Agents, Officers(s) and Employees,
have performed unauthorized use of Libellant’s copyrighted name in all
forms, and/or the copyrighted all capitalized name of the maritime trust
liened by the Libellant in all forms, without a signed authorization and
without payment of a usage fee. Libellee(s) admit that they owe $2
million for each unauthorized use, considered copyright infringement
against the Libellant and/or the maritime trust which Libellant has the
UCC-1 lien for, and therefore claims the copyright fees and penalties for.

ANSWER: [Admits/Acknowledge if no answer is provided]

37. Libellee(s) admit that Libellant, HI&RH Empress Aubreé©™ has never
granted, nor has she authorized, the use of her copyrighted name in any
form, nor that of the maritime trust that she has the lien against, to any
of the Libellees, their agents, Officers(s) or Employees.

ANSWER: [Admits/Acknowledge if no answer is provided]

38. Libellee(s) admit that Libellant, HI&RH Empress Aubreé©™ has never
been paid any usage fees for the publication of her name in any forum,
venue, or any medium of recordation, by any of the Libellees, their
agents, Officers(s) or Employees.

ANSWER: [Admits/Acknowledge if no answer is provided]

39. Libellee(s) admit that Libellees, their agents, Officers(s) and Employees
have committed intellectual property theft against Libellant HI&RH
Empress Aubreé©™ by committing acts of copyright infringement upon
her copyrighted name, or that of the maritime trust which she has a lien
against, without her knowledge, written permission, or payment for use.

ANSWER: [Admits/Acknowledge if no answer is provided]


17 of 23 P a g e s
40. Libellee(s) admit that no sections of the California Vehicle Code apply to
sovereign Americans as they have sovereign immunity to all state
statutes, laws, codes and ordinances.

ANSWER: [Admits/Acknowledge if no answer is provided]

41. Libellee(s) admit that no sections of the California Penal Code apply to
sovereign Americans as they have sovereign immunity to all state
statutes, laws, codes and ordinances.

ANSWER: [Admits/Acknowledge if no answer is provided]

42. Libellee(s) admit that HI&RH Empress Aubreé©™, is a sovereign


American and not a US citizen, and that she has rebutted the courts
presumption of attribution of US citizenship to the Libellant through
public filings called an Act of State, Demand and Notice, UCC-1, and
several other documents.

ANSWER: [Admits/Acknowledge if no answer is provided]

43. Libellee(s) admit that ROSALIE A. GUANCIONE©™ is a Maritime Trust,


and that a trust is an enz legis (legal fiction often referred to as a straw-
man) that obviously cannot operate any type of machinery.

ANSWER: [Admits/Acknowledge if no answer is provided]

44. Libellee(s) admit that the SUPERIOR COURT OF CALIFORNIA, COUNTY OF


SANTA CLARA, TRAFFIC DIVISION has failed to state a claim for which
relief can be granted against HI&RH Empress Aubreé©™.

ANSWER: [Admits/Acknowledge if no answer is provided]

45. Libellee(s) admit that the SUPERIOR COURT OF CALIFORNIA, COUNTY OF


SANTA CLARA, TRAFFIC DIVISION has no personal jurisdiction over HI&RH
Empress Aubreé©™.

ANSWER: [Admits/Acknowledge if no answer is provided]

46. Libellee(s) admit that the SUPERIOR COURT OF CALIFORNIA, COUNTY OF


SANTA CLARA, TRAFFIC DIVISION has never provided a verified complaint
against HI&RH Empress Aubreé©™ despite her written request for
Libellee(s) to do so. Traffic tickets do not constitute a verified complaint
unless the accused has already pled guilty. HI&RH Empress Aubreé©™
has never entered any plea for case 7-09-tr-562668.

ANSWER: [Admits/Acknowledge if no answer is provided]

18 of 23 P a g e s
47. Libellee(s) admit that a Court Commissioner entered a plea for HI&RH
Empress Aubreé©™ in case 7-09-tr-562668, without her authorization or
consent.

ANSWER: [Admits/Acknowledge if no answer is provided]

48. Libellee(s) admit that Libellee(s) refused to provide an elected Judge to


preside over the case 7-09-tr-562668 despite the written request of
HI&RH Empress Aubreé©™ for this California state constitutional right.

ANSWER: [Admits/Acknowledge if no answer is provided]

49. Libellee(s) admit that Libellee(s) refused to provide a jury trial for the
case 7-09-tr-562668 despite the written request of HI&RH Empress
Aubreé©™ for this federal Constitution 7th amendment right to trial by
jury for all matters in controversy exceeding $20, on this ticket billed
initially at $132.00.

ANSWER: [Admits/Acknowledge if no answer is provided]

50. Libellee(s) admit that Libellee(s) refused to act on fee waivers submitted
into case 7-09-tr-562668 by HI&RH Empress Aubreé©™ multiple times.

ANSWER: [Admits/Acknowledge if no answer is provided]

51. Libellee(s) admit that the true intent of Form TR-130 TRAFFIC NOTICE TO
APPEAR is that of an instrument specifically crafted for coercive use
against We The People who are exercising their constitutional right to
travel, to aid and abet corporate and racketeering based extortion and
land piracy against We The People, under threat of kidnapping and
ransom.

ANSWER: [Admits/Acknowledge if no answer is provided]

NOTICE

These statements and the ANSWER contained herein may be used


by Libellant, if necessary in any court of competent jurisdiction.

ADMINISTRATIVE AFFIDAVIT OF SPECIFIC


NEGATIVE AVERMENT

19 of 23 P a g e s
The following document is an administrative procedure, within the
admiralty. This document is tendered for the purpose of remedy and relief of
the fraudulent claim(s) that you have stated against the above named
Secured Party Creditor. If any Libellee has lawful proof of claim against the
above named Secured Party Creditor, it must be submitted according to the
terms and conditions contained herein in order to cure your dishonor in
commerce.

AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT


AS TO COUNT 1: I, HI&RH Empress Aubreé©™, the Third Party Plaintiff,
Secured Party Creditor, a Natural woman, created by God am NOT the same
as the Fictitious Entity, all capital letter named, ROSALIE A. GUANCIONE©™
that was created by the State. I do not give any consent, in any capacity, to
this court to place upon me any responsibility for this all capital letter name
Fictitious Entity that was created by the state. Simply put I am not the same
and I believe that there is no proof to the contrary. I have no contract with
you and do not consent to any contract with you. If you presume that I have
a contract with you, then I rebut any presumption of any contract that you
may presume that I have with you. This is proven by documents that are on
file with the Washington State Secretary of State; the California State
Secretary of State, the New York State Secretary of State, the public records
of King County, Washington; records of this Court; records of the US
Department of Treasury; records of the Internal Revenue Service; records of
the U.S. Department of Commerce; records of the U.S. Department of Justice;
and others. If the Third Party Defendants have any lawfully documented
proof to the contrary let them come forth now, On and For the official
Record, and let the District Attorney certify their proof, under their unlimited
commercial liability, while under oath, and under penalties of the law
including Perjury. Failure to continue this action without proof of your claim is
Abuse of Process, Dishonor in Commerce, Abuse of Power, Extortion,
Coercion, Obstruction of Justice, Denial of Due Process, etc. I believe there is
no evidence to the contrary.

AS TO COUNT 2: On or about 6/6/09, I was detained by the CALIFORNIA


HIGHWAY PATROL. I demand that the third party defendants bring forward
the damaged party. I do not believe the third party defendants have a
damaged party as is required by law, and there is no proof to the contrary.
This is Fraud, Conspiracy, Collusion, Racketeering, Abuse of Power, Denial of
Due Process, Dishonor in Commerce, Abuse of Process, Extortion, Coercion,
Obstruction of Justice, etc.

AS TO COUNT 3: None of the Libellees has any lawful authority to use my


copyrighted name, nor the copyrighted name of the maritime trust that
exists in my all capitalized name, for which I have a lien and security
agreement against the trust. Those names in all forms and variations are
copyrighted, and public notice has been made of same. My publically
20 of 23 P a g e s
published fees for a one time use license of my name, or that of the maritime
trust that I have the lien against, is $500,000.00, and the publically
published penalty for copyright infringement is an additional $1,500,000.00.
Libellees have used my name without authorization or license on at least ten
separate instances or no carbon required documents or copies thereof,
amounting to fees and penalties of $20 million. Copyright infringement is a
federal offence. I believe there is no proof to the contrary. Attempting to
perform copyright infringement is intellectual property theft, fraud,
conversion, conspiracy, racketeering, collusion, etc.

AS TO COUNT 4: On or about 6/6/09, I was detained by the CALIFORNIA


HIGHWAY PATROL, with intent to commit land piracy. A panoply of judicial
and public safety officers have participated in this land piracy act, in
collusion, conspiracy, fraud, extortion, abuse of process, coercion,
obstruction of justice, denial of civil rights, attempt to steal property, etc.. I
do not believe that there is no proof to the contrary.

AS TO COUNT 5: On or about 6/6/09, I was detained and hindered in my


federal Constitution guaranteed right to travel by the CALIFORNIA HIGHWAY
PATROL. As no state law can be passed to turn a right into a privilege, I was
illegally detained. A panoply of judicial and public safety officers have
participated in this denial of civil right to travel, in collusion, conspiracy,
fraud, extortion, abuse of process, coercion, obstruction of justice, denial of
civil rights, attempt to steal property, etc.. I do not believe that there is no
proof to the contrary.

AS TO COUNT 6: On several court appearances in the SANTA CLARA


COUNTY SUPERIOR COURT, I requested that an elected judge hear my case,
as is my state Constitution guaranteed right. As no state law can be passed
to turn a right into a privilege, I was illegally denied this right. A panoply of
judicial and public safety officers have participated in this denial of civil right
to trial by elected judge, in collusion, conspiracy, fraud, extortion, abuse of
process, coercion, obstruction of justice, denial of civil rights, attempt to
steal property, etc.. I do not believe that there is no proof to the contrary.

AS TO COUNT 7: On several court appearances in the SANTA CLARA


COUNTY SUPERIOR COURT, I requested that I be provided a jury trial, as is
my federal Constitution guaranteed right. As no state law can be passed to
turn a right into a privilege, I was illegally denied this right to a jury trial
under the 7th amendment to the federal Constitution for any matter in
controversy that exceeds $20. A panoply of judicial and public safety officers
have participated in this denial of civil right to trial by jury, in collusion,
conspiracy, fraud, extortion, abuse of process, coercion, obstruction of
justice, denial of civil rights, attempt to steal property, etc.. I do not believe
that there is no proof to the contrary.

AS TO COUNT 8: On several court appearances in the SANTA CLARA


COUNTY SUPERIOR COURT, I requested in writing that I be provided a
verified complaint at a formal arraignment, as guaranteed by the CPC. I was

21 of 23 P a g e s
illegally denied this right to formal arraignment with presentment of a
verified complaint. A traffic ticket is not a verified complaint unless the
defendant pleads guilty. I did not enter any plea as I have sovereign
immunity to all state courts. Rather than provide a formal arraignment and a
verified complaint, the commissioner entered a plea for me, which is fraud,
collusion, conspiracy, extortion, abuse of process, coercion, obstruction of
justice, denial of civil rights, attempt to steal property, etc.. I do not believe
that there is no proof to the contrary.

AS TO COUNT 9: On several court appearance in the SANTA CLARA


COUNTY SUPERIOR COURT, I was not provided consideration as a 58 year old
state recognized handicapped woman. I was instead ridiculed and humiliated
and interrupted during my conducting public commercial business with the
clerks of the court by Sheriff’s Dept. Deputies and/or Sheriff’s Sergeants. This
was a violation of the federal Americans with Disabilities Act, and an attempt
to deny me equal access to the courts, denial of due process, and denial of
equal protection under the law, which is fraud, collusion, conspiracy,
extortion, abuse of process, coercion, obstruction of justice, denial of civil
rights, attempt to steal property, etc.. I do not believe that there is no proof
to the contrary.

AS TO COUNT 10: On a court appears in the SANTA CLARA COUNTY


SUPERIOR COURT, motion papers and affidavits that had been stamped by
the clerk of the court, were removed by Sheriff’s Dept. Deputies and/or
Sheriff’s Sergeants. No member of the Santa Clara Police Dept. nor the
Sheriff’s Dept. at the scene or dispatched to the scene would enforce the
law, nor would they arrest the Sheriff’s Deputy responsible for the crime.
This was a violation of the federal law for removing, concealing or destroying
documents from the public record, and an attempt to deny me equal access
to the courts, denial of due process, and denial of equal protection under the
law, which is fraud, collusion, conspiracy, extortion, abuse of process,
coercion, obstruction of justice, denial of civil rights, attempt to steal
property, etc.. I do not believe that there is no proof to the contrary.

OPPORTUNITY TO CURE
The Third Party Defendants have 21 calendar days to cure their
Dishonor by the Following:

1. Dismiss any and all claims against the Third Party Plaintiff, with
prejudice and pay the Third Party Plaintiff $20,000,000.00 (twenty
million US Dollars) for copyright usage fees and infringement damage
fees. AND,

2. Pay the following damages 9x$15,000,000.00x20 =


$2,700,000,000.00 (two billion, seven hundred million dollars) as

22 of 23 P a g e s
precedent of Macias v. Idhe (formerly Lopez) 9th circuit, which
established $15M x #rights violations x #violators x #victims, with
Real Money (1 oz .999 silver = one dollar), Surrender any and all Public
Hazard Bonds, other Bonds, Insurance Policies, CAFR Funds, 801K
funds, personal properties, land, real estate, etc. as needed to satisfy
counterclaim herein, …OR,

3. Pay all damages as indicated by the counterclaim contained herein,


with Real Money (1 oz .999 silver = one dollar), Surrender any and all
Public Hazard Bonds, other Bonds, Insurance Policies, CAFR Funds,
801K funds, personal properties, land, real estate, all property
including but not limited to: all bank accounts, safety deposit boxes,
certificates of deposit (CD), retirement funds, 801K'S, 401K'S, real
estate, stocks, bonds of any type, securities, cash on hand, jewelry,
houses, lands, motor vehicles, automobiles, motor homes, aircraft,
watercraft, household furniture, guns, ammunition, coin collections, all
collectibles items, insurance policies, credit cards, lines of credit, all
revenue streams, and sources of income from any source, farm
equipment, farm supplies, heavy equipment, crops, farm animals,
machinery, tools, buildings, structures, office equipment, all corporate
assets, water rights, mineral rights intellectual property rights, patents,
inventions, or any other thing of value, as needed to satisfy
counterclaim herein, …OR,

4. Prove your claims against me, and disprove my claims, by providing


me with lawfully documented evidence that is certified by the States
Attorney, in his unlimited commercial liability, while Under Oath, On
and For the Official Record, under penalties of the law including
Perjury. This evidence must prove your case by documented evidence
and must answer each and every averment, Point by Point individually.
If any and all points are not answered fully and accompanied by
lawfully documented evidence, as provided herein, that will be Default
on the part of the Third Party defendants. Non Response according to
the conditions herein will be default. Incomplete answers and/or lack of
documented evidence as outlined herein will be Default. If the Third
Party Defendants fail to respond as outlined herein, within 21 calendar
days that will be Default. Default will be a Self Executing Confession of
Judgment on behalf of the third party defendants, and complete
agreement with all the statements in this claim. This is a contract in
Admiralty. Any officer of the court that interferes or involves
himself/herself with this claim will be added to this claim and become a

23 of 23 P a g e s
Third Party Defendant. All Third Party Defendants are jointly and
severally liable for this claim.

COUNTERCLAIM
THE FOLLOWING DAMAGES HAVE BEEN ASESSED AGAINST
YOU SHOULD YOU FAIL TO MEET THE REQUIREMENTS AS
PROVIDED IN THE OPPORTUNITY TO CURE CONTAINED HEREIN:
1. Failure to state a claim upon which relief can be granted.
$2,000,000.00 (Two Million US Dollars) per Third Party
Defendant, per count, per violation, per occurrence.

2. Copyright Infringement - $2,000,000.00 (Two Million) US


Dollars per count, per violation, per officer, agent, or
representative who is involved with this action.

3. Failure to respond as outlined herein. $2,000,000.00 (Two


Million US Dollars) per Third Party Defendant, per count, per
violation, per occurrence.

4. Default by non response or incomplete response


$2,000,000.00 (Two Million Dollars) per Third Party Defendant,
per count, per violation, per occurrence.

5. Dishonor In Commerce - $2,000,000.00 (Two Million Dollars)


per Third Party Defendant, per count, per violation, per
occurrence.

6. Obstruction of Justice - $2,000,000.00 (Two Million Dollars) per


Third Party Defendant, per count, per violation, per
occurrence.

7. Abuse of Authority - $2,000,000.00 (Two Million Dollars) per


Third Party Defendant, per count, per violation, per
occurrence.

8. Denial of Due Process - $2,000,000.00 (Two Million Dollars) per


Third Party Defendant, per count, per violation, per
occurrence.
24 of 23 P a g e s
9. Extortion - $2,000,000.00 (Two Million Dollars) per Third Party
Defendant, per count, per violation, per occurrence.

10.Unlawful Arrest - $2, 000,000.00 (Two Million US Dollars) per


Third Party Defendant, per count, violation, per occurrence.

11.Trespass - $2,000,000.00 (Two Million US Dollars) per Third


Party Defendant, per count, per violation, per occurrence.

12. Conspiracy to Defraud - $2,000,000.00 (Two Million US Dollars)


per Third Party Defendant, per count, per violation, per
occurrence.

13. Racketeering - $2,000,000.00 (Two Million US Dollars) per


Third Party Defendant, per count, per violation, per
occurrence.

14. False Imprisonment - $2,000,000.00 (Two Million US Dollars)


per Third Party Defendant, per count, per violation, per
occurrence.

15. Abuse of Power - $2,000,000.00 (Two Million Us Dollars) per


Third Party Defendant, per count, per violation, per
occurrence.

16.Abuse of Process - $2,000,000.00 (Two Million US Dollars) per


Third Party Defendant, per count, per violation, per
occurrence.

17. Coercion - $2,000,000.00 (Two Million US Dollars) per Third


Party Defendant, per count, per violation, per occurrence.

18. Failure to pay Counterclaim in full within (30) Thirty Calendar


Days of Default as contained herein. $1,000,000.00 (One
Million US Dollars), per month, and interest of 1.5 % per month
compounded daily for the first (30) Thirty Days from the date
of default. After (30) Thirty Days beginning on the (31st) Thirty
first Day after Default, the penalties for Failure to pay will
increase by $1,000,000.00 (One Million Us Dollars Per Day) for
each calendar day that this counterclaim is not paid in full,
including interest. After (90) calendar days of the date of
Default, the penalties for Failure to Pay Counterclaim will
increase by $5,000,000.00 (Five Million US Dollars) per

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calendar day, that the Counterclaim is not paid in full, plus
interest as indicated herein.

19. All Claims are stated in US Dollars which means that a US


Dollar will be defined, for the purposes of this counterclaim as,
a One Ounce Silver coin of .999 fine silver, or the equivalent
par value as established by law or the exchange rate as set by
the US Mint, whichever is the higher amount, for a certified
One Ounce Silver Coin (US Silver Dollar) at the time of the first
day of default as outlined herein. If the claim is to be paid in
Federal Reserve Notes or other certified funds these funds will
only be accepted at Par Value as indicated above.

20. Punitive damages will be assessed by multiplying the original


amount of damages times seven (7). Punitive damages will be
added to the original amount of damages.
Date: 6/1/2010 Without Prejudice
UCC §1-207/308

_____________________
____________________

HI&RH Empress Aubreé©™,

Secured Party Creditor

NOTICE TO RESPOND

Affiant/Libellant grants Libellee twenty-one (21) days, exclusive of the day of


receipt to respond to the statements, claims and inquiries above. Failure to
respond will constitute as an operation of law, the admission of Libellee by
TACIT PROCURATION to the statements, claims and ANSWERS to inquires
shall be deemed RES JUDICATTA, STARE DECISIS. Failure to respond will
constitute PROMISSORY ESTOPPEL, COLLATERAL ESTOPPEL, and ESTOPPEL
BY ACQUIESCENCE. This is a perfected Contract and it is a STATUTE STAPLE,
UCC CONFIRMATORY WRITING.

It is also mandatory that if Libellee responds to the foregoing, it must be by


delivering to Affiant’s NOTICE OF INTERNATIONAL COMMERCIAL CLAIM
ADMINISTRATIVE REMEDY and to Affiant’s mailing location exactly as
shown below:

HI&RH Empress Aubreé©™, Secured Party Creditor,


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c/o G.A. RINELLA, Notary Acceptor
PO BOX 6341
SANTA CLARA, CALIFORNIA, 95056

That it is mandatory that Libellee sign and certify “under penalty of perjury
complete with SSN number under the laws of the United States of America”
under 28 USC §1746, all ANSWERS or any other correspondence in response
to Affiant’s Notice of Administrative Remedy, so that Affiant/Libellant can
know that Affiant is dealing with the Libellee and that Libellee is held to only
those ANSWERS that are true, correct, complete, and not misleading and
further; any facts alleged in Libellee’s response must be on firsthand
knowledge in affidavit form, properly sworn and subscribed to.
Libellant looks forward to your timely response. Further Libellant sayeth
naught.
Given under my hand and seal this __1st___day of the ____6th_____month of
2010 Anno Domini.

Prepared and submitted by:


(SEAL)
Without Prejudice UCC § 1-207/308

_________________________________________

HI&RH Empress Aubreé©™,

Secured Party Creditor

<><><><><><><><><><><><><><><><><><><><><><><><><>
<><><><><><><><><><><>

STATE OF CALIFORNIA )
) ss.
California JURAT
COUNTY OF SANTA CLARA )

Subscribed, sworn (or affirmed) before me on this __1st___day of _June_,


2010, by __HI&RH Empress Aubreé©™__, proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.

SEAL

____________________________________
Signature

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