Motion to Reconsider
The request for judicial notice of common knowledge
and verifiable facts at the end consists of events probably, mostly caused
by abuses of hypnosis. Without a court that cares about the truth there
is no way to know for sure. Timing and experience tell me "YES",
mostly or I wouldn't have included them. This is the only after trial motion
that could bring the Lanterman, Pretis Short Act back into the judges consideration.
L.P.S. is a strong law for the rights of people. It is the only great improvement
over rights crudely defined in the;
However if the judge won't recognize the law, it won't mean anything!
(Clauses marked (+) are still valid under the charter of 1225, but with a few minor amendments
+ (39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.
+ (40) To no one will we sell, to no one deny or delay right or justice.
PAGE 2 (CT 37)
attorney on December 18, 1998 informed the plaintiff that the correctly filed claim form had been located.
2. The motion is based on this notice of motion, the attached affidavit of Christopher A. Brown, the memoranda of points and authorities, as may be subsequently filed herein and on such evidence as may be presented at the hearing of the motion.
Date______ pro per plaintiff, Christopher A. Brown,
MEMORANDA OF POINTS AND AUTHORITIES SUPPORTING PLAINTIFF'S MOTION TO RECONSIDER.
3. Plaintiff was informed by the defendants attorney, Teresa Eggemeyer, on December 18, 1998, the calendared date for the hearing of the demurrer, that the defendants attorney had located the plaintiffs properly filed claim form.
4. At the continued hearing of January 8, 1999 the defendants attorney, Kelley Koelsch, stated that the defendants attorney did not possess the properly filed claim form.
5. Plaintiff at the hearing was not assured the court took notice of the properly filed claim form attached to his demurrer opposition, filed December 14, 1998.
6. Plaintiff, with the following request for judicial notice of state law, refers to defined legislative intent directed at guaranteeing public safety to the people of the State of California. Plaintiff requests the following judicial notice for the purposes of combining the intent of state law, guaranteeing public safety, with a log of serious crimes or events, violations of public safety, occurring in Santa Barbara county through the last year to the present. By inference, the plaintiffs consistent, persistent efforts are justified with plaintiffs understanding of his condition and the implied gravity of compromise to public safety resulting from the defendants continued negligence as the plaintiff understands it. Plaintiff has information that the individual human behaviors
PAGE 3
in the listed crimes or events are caused by a condition similar to the plaintiffs condition. Individuals involved in the listed events are unaware of their condition and do not have knowledge exclusive to the plaintiff.
7. Plaintiff has been a resident of Santa Barbara for forty five years with intimate knowledge of the people of the community and has great concern for, the safety of his family, self and the safety of the general public and hereby submits that the listed events do not represent normal human behavior either in frequency or severity and prays for the revocation of the order granting the demurrer without leave to amend his complaint.
PLAINTIFFS REQUEST FOR JUDICIAL NOTICE; OF WELFARE AND INSTITUTIONS CODE SECTION 5001. "DECLARATION OF LEGISLATIVE INTENT" AND "COMMON KNOWLEDGE AND VERIFIABLE FACTS" TO THE HONORABLE JUDGE THOMAS R. ADAMS OF THE ABOVE ENTITLED COURT.
4. Christopher A. Brown, the plaintiff in this legal action, under the provisions of; California Evidence Code section 452. Matters which may be judicially noticed. Judicial notice may be taken of the following matters..........
(b) and (c), "legislative enactment's of any state of the United States"
"Common knowledge and verifiable facts".
5. Plaintiff requests that the court take judicial notice of the "Declaration of legislative intent" of the California State Welfare and Institutions code, section 5001, as applied to a State courts responsibility to uphold the intent of the Lanterman-Petris-Short act, a legislative enactment of the state. Plaintiff cites the municipalities general responsibility or duty as mandated by "legislative intent", defined in section 5001 (c) as reason for granting Plaintiffs to reconsider and revocation of the order of January 8, 1999, granting defendants demurrer without leave for plaintiff to amend his complaint.
(c) "To guarantee and protect public safety;"
PAGE 4 (CT 39)
6. Plaintiffs condition is unknowingly shared by members of the public and prompt action of the court will protect the public by hastening the development of treatment also defined as the legislative intent of W&I code 5001;
(e) To provide individualized treatment.............
7. The following list of extreme, irrational and dangerous behaviors, matters of "Common knowledge and verifiable facts" have occurred with increasing frequency, generally, of the public through 1998 to the present that the plaintiff requests judicial notice of "Common knowledge and verifiable facts".
4?/98 Monica Moritz shoots Rundle in the head at close range trying to miss.
5/20/98 Escape from County jail.
8/3/98 Suicide of man on Vincent ave. with bomb, threat SB. city.
8/7/98 Mans body hanging from tree at SB. junior high school.
8/22/98 Woman, (Shoenover) from Carpinteria mails poison.
8/30/98 20+ Arrests for lewd conduct at Bates beach.
8/98 Two houses of prostitution, (Mangan).
9/98 Hidden landlord video in tenant womans apartment (Solis)
10/12/98 Second sexual attack in Isla Vista.
10/98? House of prostitution (Cota)
11/2/98 Woman in Carpinteria murdered by husband (Favorita)
12/13/98 Woman at Foothill & La cumbre, suicide by cop attempt (Jamie Allen)
12/30/98 Man lying on RR tracks killed.
1/99 Third sexual attack UCSB.
1/17/99 27 yr. old man found hanging high in tree in Rattlesnake Cyn.
Respectfully submitted,
Date;_____pro per plaintiff, Christopher A. Brown,
AFFIDAVIT OF CHRISTOPHER A. BROWN IN SUPPORT OF MOTION TO RECONSIDER
State of California, Santa Barbara City and County of Santa Barbara, Read & Post, 1046 B, Coast Village Road.
Christopher A. Brown being first duly sworn on his oath deposes and says:
He was informed by the Deputy county counsel Teresa Eggemeyer, attorney for the defendant in this legal action, on December 18, 1998, the calendared date for the hearing of the demurrer, while enroute to the clerks office to determine what had happened to the hearing, that the defendants attorney had located the plaintiffs properly filed claim form and that at the continued hearing of January 8, 1999, the defendants attorney, Kelley Koelsch, stated that the defendants attorney did not possess the properly filed claim form. Affiant states that the above list of serious crimes or events are verifiable and were faithfully recorded with the general accuracy implied by date and event, location or identity from the reporting of local news media.
.........................................................................Affiant
Subscribed and sworn to before me on ............(Date)
.....................................................................Officer of the Court (signature)
.....................................................................Officer of the Court (printed)
Date;.............................................................Notary .
Rights from 800 years in the past are still not a reality here in California.