Ex Parte Application Notice Required

Cal. Super. - 6th Dist.December 4, 2017

1 ’omGIN‘AL 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 j 25 .- 26 " 27 :28 Tania Rosemary McCash, the natural living woman In Proper Persona, Sui Juris c/o PO Box 53244 San Jose, CA [ 95153 ] Tel: 408-3 64-95 14 FEB 16 2022 Supe ofcégufik of the CCU” Y I » DEPUTY SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 First St, SAN JOSE, CA 95113 WELLS FARGO BANK, N.A. Plaintiff vs. TANIA R. MCCASH Defendant / w: Defendant Tania Rosemary McCash, the natural living Woman, appears specially and not generally and not voluntarily herein, as agent for service of process for Defendant trust and pursuant to the UNITED STATES special rules of Admiralty Rule 6(8), to defend her honor only. M: The instant Ex Parte Application(s) is deemed granted by statutory consent, and by common law tacit agreement, if there is no hearing on this Ex Parte on the morning of presentation for filing as an Ex Part6, which is not a noticed motion. Failure to present this Ex Parte to a judge on the morning of filing, is considered concealment, and a violation of CALGovCODE §_ 6200/6201 CALPENCODE §_ 135 Under the doctrine of Capitis Dominufio Maxima, Plaintiff has consistently listed the Defendant in this case as an entity in an all capital name, then tried to impute that the Defendant is a flesh and blood woman whose status has been reduced from that of freedom, ) Case No. 17-CV-319979 WFB, N.A. vMCCASH IN ADMIRALTY JURISDICTION Tania Rosemary McCash, the natural living woman’s, tEX PARTE APPLICATIONTORT} __SET ASIDE 0R RELIEF FROM :4 IA FINAL JUDGMENT AND DISMISS' LTHE CASE WITH PREDJUDICEi 1) Ex Parte Application 2) Memorandum ofPoints & Authorities 3) Supporting Declaration 4) Verification 5) Declaration ofNotice ) 6) Proposed Order I ) Exhibits: ) A.Letter from: WELLS FARGO CARD ) SERVICES ) , ) [CCP 337, FRCP Rule 7(b); Rule 60(b)] ) VVVVVVVVVVVVVV to that of bondage with loss of all rights as an ) Jildgfi TBD American National and to family. ) Dept- TBD ) Ex Parte Date: 02/16/2022 ) Page1 of 9 WELLS FARGO BANK, N.A. /vs./TAN|A R. MCCASH Case No. 17-CV-319979- Ex Parte Application 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Federal Law states: The use of fictitious names or addresses (ALL CAPITAL LETTERS) in a private individual’s names or a ZIP CODE against the individual’s wishes is a crime under Title 39 U.S.C. Section 3003, Title 18 U.S.C. 1302, 1341, 1342, and is punishable by up to 15 years imprisonment and $1,000,000.00 fine. Plaintiff has consistently violated this Federal Law in order to confuse the court, ) because Plaintiffs know that the court is a legal fiction incorporated in WASHINGTON, DC as ) the CALIFORNIA JUDICIAL COUNSIL, which only has jurisdiction over other ‘legal fictions’. Not natural living human beings. r‘» ' Notetomo vvvvvvvvvv It ls a Felony to remove files and documents from the Clerk’s Office and any of Its facilities. It is also a criminal act to steal, destroy, mutilate deface alter or falsify any files or documents. Every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent thereby to prevent it from being produced, is guilty of a misdemeanor. Destroying or Concealing Evidence is a misdemeanor ofi‘ense that can be punished by up to six months in jail and a fine of $1000. 1. Ex PARTE APPLICATION TANIA ROSEMARY MCCASH, THE NATURAL LIVING WOMAN, BY SPECIAL APPEARANCE PURSUANT To RULE E(8) 0F THE FRCP SUPPLEMENTAL RULES 0F ADMIRALTY, MAKES EX PARTE APPLICATION To ENTER A DEMAND FOR SET AsmE THE ORDER FOR ALLEGED DEBT COLLECTION AND DISMIss THE INSTANT CASE WITH PREJUDICE PURSUANT To THE CALIFORNIA STATUTES 0F LIMITATION 0N COLLECTION 0F A DEBT BASED UPON WRITTEN CONTRACT 0F 4 YEARS, SEE Ex A, DATED SEPT. 27, 2015, SENT BY WELLS FARGO, PLAINTIFF HEREIN. The Defendant thru Tania Rosemary McCash, the natural living woman, Next Friend to TANIA R. MCCASH, real party in interest Defendant for the instant case, Complaint; hereby makes Ex Parte application for relief and set aside the order for alleged debt collection by REESE LAW GROUP representing, CSC, collection agency for WELLS FARGO BANK, N.A. The WELLS FARGO CARD SERVICES sent a letter of notice to TANIA R. MCCASH, Defendant, in the instant case, not to be confused with Tania Rosemary McCash, the natural living Page 2 of 9 WELLS FARGO BANK, N.A. /vs./TANIA R. MCCASH Case No. 17-CV-319979- Ex Parte Application 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 woman and Next Friend to Defendant, regarding the alleged account, that has never been ven'fied to date, that the account ending in 0590, was closed September 27, 2015. (Exhibit-A) All Rights Reserved - UCC §§1-308, 1-207. 9 Dated: February 16, 2022 By: ‘ ‘ TaniaWary McCash, the natural living woman Next Friend ofTANIA R. MCCASH 2. MEMORANDUM OF POINTS & AUTHORITIES The movant seeks to set aside or void the order for summary judgment on the erroneous collection of the alleged debt and dismiss the instant case with prejudice. The wrong caption is listed, creating ambiguity regarding exactly who case the naming as Defendant, by citing a no‘n-pafty as the Defendant, on the proof of service, and suing TANIA R. MCCASH as Defendant in the law suit. This Ex Parte application is made on the grounds that Plaintiff has exceeded the lawfifl statutory time limit to collect on this alleged debt pursuant to the FAIR DEBT COLLECTIONS ACT. According to California Code of Civil Procedure § 337 (1), the Statute of limitations for a written contract is four (4) years. Under § 339 (1), the limit for an oral contract is two years. See the Bills.com resource Collection Laws and the Statute ofLimitations for the rules in other states. V Pursuant to SPEARS v BRENNAN Case# 49A02-0003-CV-169; 15 USC Sec. “.. 1692g, ofthe FAIR DEBT COLLECTIONS ACT states any debt must be “verified” and validated when asked, Within 30/days. The movant seeks to set aside or void the order for summary judgment on the erroneous collection of the alleged debt, and dismiss the instant case with prejudice. The caption listed, is' creating ambiguity regarding exactiy who case the naming as Defendant, by citing a non-party as the Defendant on the proof of service, garnishing wages of the same non-party, and then naming the law suit in the name ofTANIA R. MCCASH, real party in interest as Defendant. FRCP Rule 60(b) states: (b) Groundsfor Relieffiom a Final Judgment, Order, 0r Proceeding. 0n motion andjust terms, the court mtg} relieve aparty 0r its legal representativefi'om afinaljudgment, order, or proceedingfor thefollowing reasons: ’ (1) mistake, inadvertence, surprise, 0r excusable neglect; Page 3 of 9 WELLS FARGO BANK, N.A. /vs./TANIA R. MCCASH Case No. 17-CV-319979- Ex Parte Application 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time t0 movefor a new trial under Rule 59(73); (3) fi'aud (whether previously called intrinsic 0r extrinsic), misrepresentation, 0r misconduct by an opposingparty; (4) thejudgment is void; (5) thejudgment has been satisfied, released, 0r discharged; it is based 0n an-earlier. ~ judgment that has been reversed 0r vacated; 0r applying itprospectz‘vely 1's n0 longer equitable; 0r . (6) any other reason thatjustifies relief Every person is entitled to an opportunity to be heard in a court of law upon every question involving his rights or interests, before he is affected by any judicial decision on the question. Earle v Mc Veigh, 91 US 503, 23 L Ed 398. The following Supreme Court case law is respectfully submitted as material to the instant Ex Pane Application. The Law 0f Void Judgments and Decisions Supreme Court Decisions 0n Void Orders A judgment may not be rendered in violation of constitutional protections. The validity of a judgment may be affected by a failure to give the constitutionally required due process notice and an opponunity to be heard. Earle v. McVeigh, 91 US 503, 23 L Ed 398. See also Restatements, Judgments ' 4(b). Prather vLoyd, 86 Idaho 45, 382 P2d 910. The limitations inherent in the requirements of due process and equal protection of the law extend to judicial as well as political branches of government, so that ajudgment may not be rendered in violation ofthose constitutional limitations and guarantees. Hanson v Denckla, 357 US 235, 2 L Ed 2d 1283, 78 S Ct 1228. A void judgment is not entitled to the respect accorded a valid adjudication, but may be entirely disregarded, 0r declared inoperative by any tribunal in which effect is sought to be given to it. It is attended by none of the consequences of a valid adjudication. It has no legal or binding force or efficacy for any purpose or at any place. It is not entitled to enforcement A11 proceedings founded on the void judgment are themselves regarded as invalid. 30A Am Jur Judgments " 44, 45. It is a fimdamental doctrine of law that a party to be afl‘ected by a personal judgment must have his day in court, and an opportunity to be heard. Renaud v. Abbott, 116 US 277, 29 L Ed 629, 6 S Ct 1194. Every person is entitled to an opportunity to be heard in a court of law upon every question involving his rights or interests, before he is afi‘ected by any judicial decision on the question. Earle v Mc Veigh, 91 US 503, 23 L Ed 398. N0 Opportunitv t0 Be Heard A judgment of a court without hearing the party or giving him an opportunity to be heard is not a judicial determination of his tights. Sabariego v Maverick, 124 US 261, 31 L Ed 430, 8 S Ct 461, and 1s not entitled to respect in any other tribunal. "Ajudgment which is void upon its face, and which requires only an inspectiOn of the judgment roll to demonstrate its wants ofvitality is a dead limb upon the judicial tree, which should be Iopped ofl‘, Page 4 of 9 WELLS FARGO BANK, N.A. /vs./TAN|A R. MCCASH' Case No. 17-CV-319979- Ex Parte Application 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 if the power to do so exists." People v. Greene, 71 Cal. 100 [16 Pac. 197, 5 Am. St. Rep. 448]. "If a court grants relief, which under the circumstances it hasn't any authority to grant, its judgment is to ' that extent void. " (lFreeman on Judgments, 1200 ) An illegal order is forever void. Orders Exceeding Jurisdiction An order that exceeds the jun'sdiction of the court is void, and can be attacked 1n any proceeding 1n any court where the validity ofthe judgment comes into issue (See Rose v. Himely (1808) 4 Cranch 241, 2 L ed 608; Pennoyer v. Neff(1877) 95 US 714, 24 L ed 565; Thompson v. Whitman (1873) ' 18 Wall 457, 21 lED 897; Windsor v. McVeigh (1876) 93 US 274, 23 L ed 914, McDonald v. Mabee (1917) 243 US 90, 37 Sct 343, 61 L ed 608. 1101;: "If a court grants relief, which under the circumstances it hasn't any authority to grant, its judgment is to that extent void." (1 Freeman on Judgments, 120C.) "A void judgment‘is no judgment at all and is without legal effect." (Jordon v. Gilligan, 500 F.2d 701, 710 (6th Cir. 1974) "a court must vacate any judgment entered in excess of its jurisdiction." (Lubben v. Selective Service System LocalBd N0. 27, 453 F.2d 645 (1st Cir. 1972). A void judgment does not create any binding obligation Federal decisions addressing void state court judgments include Kalb v. Feuerstein (1940) 308 US 433, 60 S Ct 343, 84 L ed 370. Federal judges issued orders permanently barring Stich fi‘om filing any papers in federal courts Afler Judges Robert Jones and Edward Jellen corruptly seized and staned to liquidate Stich's assets, Judge Jones issued an unconstitutional order barring Stich from filing any objection to the seizure and liquidation. Void Orders Can Be Attacked At Anv Time An order that exceeds the jurisdiction ofthe court, is void, or voidable, and can be attacked in any proceeding in any court where the validity ofthe judgment comes into issue. (See Rose v. Himely (1808) 4 Cranch 241, 2 L ed 608; Pennoyer v. Neff(1877) 95 US 714, 24 L ed 565; Thompson v. Whitman (1873) 18 Wall 457, 21 l ED 897; Windsor v. McVeigh (1876) 93 US 274, 23 L ed 914; McDonald v. Mabee (1917) 243 US 90, 37 Sct 343, 61 L ed 608. U.S. v. Holtzman, 762 F.2d 720 (9th Cir. 1985) ("Portion ofjudgment directing defendant not to import vehicles without first obtaining approval was not appropriately limited in duration and, thus, district court abused its ‘ discretion by not vacating it as being prospectively inequitable." Id at 722. 3. SUPPORTING DECLARATION I, Tania Rosemary McCash, as Next Friend ofDefendant TANIA R. MCCASH, who is unavailable and outside of the County, declare under penalty of perjury of the Laws of the UNITED STATES that: I have read and examined the instant Ex Parte Application for the instant case t0 Void the ORDER, SET ASIDE, OR RELIEF FROM A FINAL JUDGEMENT and DISMISS CASE WITH PREJUDICE and I certify that the contents of the Application and its Exhibit A, is all true. Page 5 of 9 WELLS FARGO BANK, N.A. /vs./TAN|A R. MCCASH Case No. 17-CV-319979- Ex Parte Application 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. VERIFICATION I, the undersigned make this filing under penalty of perjury, that the pleading is true.'Each of the signer(s) of this filing is a person having first hand knowledge of the facts stated herein. The undersigned has made a reasonable inquiry into fact and law and affirms to the court that this ex parte application: 1. is not frivolous or intended solely to harass. _ 2. is not made in Bad Faith - Nor for any improper purpose, i.e. harass or delay. 3. may advocate changes in the law - arguments justified by existing law or non-frivolous argument to change law. 4. has Foundations for factual allegations - alleged facts have evidentiary support. 5. and has Foundation for denials - denials of factual allegations must be warranted by evidence. Further your Declarant sayeth naught. All Rights Reserved- UCC §§1-308, 1-207.9 Dated: February 16, 2022 By: f TaniaKW McCash, the natural living woman Next Friend ofTANIA R. MCCASH 5. DECLARATION OF NOTICE Bv Tania Rosemarv McCash. natural living woman STATE OF CALIFORNIA INC. ) ) ss COUNTY OF SANTA CLARA INC.) Comes now your Declarant Tania Rosemary McCash, the natural living woman, being competent over the age of 18, states that she is your Declarant, and makes these statements freely without reservation with first hand knowledge. 1. Your Declarant states that the undersigned makes this declaration in the CITY OF SAN JOSE INC, COUNTY OF SANTA CLARA INC, on February 16, 2022. 2. Your Declarant states that Tania Rosemary McCash is a natural living woman, a flesh and blood, natural born woman, who is living, breathing, on the soil, With clean hands, rectus curia, non-corporate, and does not hold the office of ‘person'. Page 6 of 9 WELLS FARGO BANK, N.A. /vs./TAN|A R. MCCASH Case No. 17-CV-319979- Ex Parte Application 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. Your Declarant states that the facts described herein describe events that have occurred within the COUNTY OF SANTA CLARA INC. - Your Declarant states that the real living woman, Tania Rosemary McCash does not spell her name in all capitalized letters. Your Declarant states that an all upper case formatted name is a fiction and applies to vessels at sea, a deceased person, a name on a tombstone, or; a corporation/trust. Your Declarant states that on February 15 2022 at approximately 11:30AM prior to 1:00PM, the undersigned Tania Rosemary McCash contacted The Reese Law Group 1n person by telephone Your Declarant states that the phone number for Reese Law Group is (760) 842-5850. Your Declarant states that prior to a live person answering the undersigne_d's call the Reese I Law Group message center stated that calls are being recorded. Your Declarant states that Reese Law Group Collection' s agent by the name ofBianca . answered the telephone. Your Declarant states that when the undersigned asked for Bianca's last name she claimed she was the only the Bianca in their office, and refilsed to provide it, then transferred the call to a collection agent. Your Declarant states that Reese Law Group agent Laurie Carton, stated their office is a collection agency. Your Declarant stated notice of ex parte was given verbally to Laurie Carron by phone that ex parte is regarding a demand for dismissal; ex parte time is 8:00AM, at SUPERIOR COURT - 191 N. First St, San Jose, CA, on February 16, 2022. Your Declarant states that Plaintiffs did not express any opposition to the notice of ex parte. Further your Declarant sayeth naught. All Rights Reserved- UCC §§1-308, 1-207.9 Dated: February 16, 2022 By: Z Tania Rosemary McCash, the natural living woman Next Friend ofTANIA R. MCCASH Page 7 of 9 WELLS FARGO BANK. N.A. /vs./TAN|A R. MCCASH Case No. 17-CV-319979- EX Parte Application 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT: A Letter from: WELLS FARGO CARD SERVICES This letter states: account 0f the alleged debt was closed 0n September 27, 2015, proving the alleged debt is now beyond the 4/year legal statute of limitations for collections pursuant t0 the FAIR DEBT COLLECTIONS ACT and the California Code 0f Civil Procedure § 337 (1) Page 8 of 9 - WELLS FARGO BANK, N.A. /vs./TAN|A R. MCCASH Case No. 17-CV-319979- EX Parte Application WELLS FARGO CARD SERVICES WELLS P.O. BOX 30086 FARGO LOS ANGELES, CA 90030 September 27, 2015 TANIA R MCCASH 25m 6501 CROWN BLVD # 10635 SAN JOSE CA 95120-2903 5209 Subject: Notification that your credit card account ending in 0590 has been closed Current Balance: $16,078.41 r AmountPast Due:‘$~1,-3‘9‘3£9* '-~"‘-i‘ '“" W“ '" "" ”‘W ” VJ” " ' ' " “ Overlimit Amount: $1,078.41 Dear Tania R Mccash: We are writing to let you know your above-referenced credit card account has been closed because it is past due. In accordance with your Customer Agreement and Disclosure Statement that governs your Wells Fargo credit card account, all cards issued on this account are canceled and your account has been closed. Please do the following: “ Destroy all credit cards for this account. * Cancel any preauthorized recurring charges. * Send us $1,393.00 today to the address below to prevent further collection action. Card Services P.O. Box 30086 Los Angeles, CA 90030 * Or, visit www.wellsfargo.com or your mobile device at www.wf.com to make a payment online 24 hours a day, 7 days a Week. You remain obligated to pay the outstanding balance due on your credit card. If you are unable to pay the past due amount, or wish to speak to one of oin- representatives, please call 1-800-988-8019. We are here to assist you Monday through Thursday from, 7:00 a.m. to 10:00 p.m., Friday from, 7:00 a.m. to 7:00 p.m., Saturday and _ _, _ ”Sunday fforfi, 8700 ‘a-J'nEESO pith: C?Etfif’f‘fifié. F‘dféugfbfilEtE"WitH heErfrig Br §peecl’i disaBfl‘ifiizi‘es, w-é accept telecommunications relay service calls. Sincerely, Larrydei Larry Tewell - Senior Vice President Wells Fargo Card Services The law of same states require us to inform you that this communication is an attempt tn collect a debt and that the information obtained will be used For that purpose. EMWT "A“ C0599? 17-da~314979 5596 3531 830!) UDDD CD¢87 527D F600025944