4 5 6 7 8 9

1

Star: Hills & Alan Cjurovich,

2 temporary mailing location,

3 care of: [P.O. box 72537, Bakersfield, California (93387)] non domestic, without the US

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF KERN

10 Star: Hills, Alan Gjurovich

11 12 13

plaintiffs,

-VS-

SV;:;;;;;%=

GMAC MORTGAGE LLC,

14 President NICK CANALE Jr.; 15 ERIC A. FELDSTEIN, (CEO OF GMAC MORT. LLC)

16 KERN COUNTY SHERIFF DONNY

Et AI,

17

defendants.

$AD

CASE #: S-1500-CV-271292-SPC;

related case: S-1500-CL-237061-KTC; related case: S-1500-CL-237061-KTC; NOTICE OF & MOTION FOR RULING, DECLARATION & ORDER IN COURTS EQUITY JURISDICTION THAT ORDERS

& JUDGMENTS IN CASE #: S-1500-CL- 237061- KTC; & SUBSEQUENT WRITS OF POSSESSION ARE VOID AS A MATTER OF LAW

OF Alan Gjurovich & Star: Hills;

HEARING DATE: 3/18/2011; DEPT.: 7; TIME: 8:30 A.M.

18 1. TO: THE ABOVE NAMED COURT, CLERK OF THE COURT & ALL INTERESTED

19 PARTIES & THEIR COUNSEL OF RECORD IN THE ABOVE NAMED ACTION, PLEASE TAKE NOTICE OF THE FOLLOWING:

20

21 2. On the day of March 18,2011, in Department 7 of the above named Court Plaintiffs

Star: Hills & Alan Gjurovich will Move the Above named Court & Presiding Judge thereof

22 23 24 25 26 27 28

in the Court's Equity Jurisdiction (non statutory) for a Ruling, Declaration, & Order

THAT THE ALLEGED JUDGEMENT IN UNLAWFUL DETAINER CASE#: S-

1500-CL-237061-KTC OF KENNETH C. TWISSELMAN II ON THE DAY OF: 11/

19/2009 & THE SUBSEQUENT WRITS OF POSSESSION TO TAKE PLAINTIFFS

HOME ISSUED BY THE SAME COURT ARE VOID ON THEIR FACE OR VOID

PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID Page 1 of9

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ON THE FACE OF THE COURTS RECORD, UNENFORCEABLE & OF NO EFFECT UNDER LAW, UPON THE FOLLOWING GROUNDS:

(I)AT THE TIME OF THE FILING OF THE UNLAWFUL DETAINER BY GMAC

MORTGAGE LLC. A DEFENDANT IN THIS CASE. WHICH THEY FILED ON

THE DATE OF 312612009. AS "PLAINTIFF" IN CASE#:S-I500-CL-23706I-KTC.

GMAC MORTGAGE LLC VS "STAR HILLS" (MISNOMER ALL CAPS ENS

LEGIS FICTION). THERE WAS EVIDENCE ON THE FACE OF THE COURTS

RECORD SHOWING THE FACT THAT THE PURPORTED UNLAWFUL

DETAINER JUDGMENT IN CASE #: S-I500-CL-23706I-KCT. ENTERED ON 11 1

1912009 WAS VOID ON ITS FACE OR ON THE FACE OF THE COURTS

RECORD. WHICH EVIDENCE WAS IN THE PAPERS FILED IN SUPPORT OF

THE DEFENDANTS DEMURRER IN THIS CASE IN THEIR SUPPORTING

REQUEST FOR JUDICIAL NOTICE. INCLUDED IN EXHIBIT 15 WHICH IS

THE COPY OF THE REMOVAL TO FEDERAL DISTRICT COURT. WHEREIN

IS A COPY OF THE SAID UNLAWFUL DETAINER COMPLAINT ATTACHED

THERETO AS EXHIBIT I. SHOWING IT WAS FILED ON 3 12612009 AFTER

THE LAW SUIT OF Star: Hills ON QUIET TITLE & ENFORCEMENT OF

RESCISSION. ETC .. WAS FILED ON NOVEMBER 10. 2008 BY Star: Hills IN

CIVIL UNLIMITED CASE #: S-I500-CV-265552-WDP. SHOWING THE FACT THAT

THERE WAS ALREADY LITIGATION ON THE TITLE OF THE HOME IN

QUESTION AT THE TIME OF THE FILING OF THE SAID UNLAWFUL

DETAINER. WHICH ESTABLISHES ON THE FACE OF THE COURT RECORD

THAT THERE WAS NO PERFECTED TITLE ACCORDING TO THE RULINGS

PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID Page 2 of9

1 2 3 4 5 6

7 (3) THE COURT IN THE SAID UNLAWFUL DETAINER CASE S-1500-CL-237061-KCT

8 9 10 11 12 13 14 15 16 17 18

OF THE CALIFORNIA SUPREME COURT IN SEVERAL CASES &

SUBSEOUENT APPELLATE COURT RULINGS;

(2) THE SAID UNLAWFUL DETAINER ACTION WAS FILED BY SAID GMAC

MORTGAGE LLC. PURSUANT TO THE EXPRESS PROVISIONS OF CAIFORNIA

CODE OF CIVIL PROCEDURE SECTION 1161a (b)(3)

WAS A COURT OF LIMITED JURISDICTION FOR WHICH THERE IS NO

CONCURRENT JURISDICTION IN ANY OTHER COURT, AS UNLAWFUL

DETAINERS ARE A SPECIAL REMEDY CREATED BY THE CALIFORNIA

LEGISLATURE BY STATUTE, AN UNLAWFUL DETAINER ACTION IS DEFINED

AS "A SPECIAL PROCEEDING" UNDER THE CALIFORNIA CODE OF CIVIL

PROCEDURE SECTION 85, AS EXPRESSLY STATED IN CALIFORNIA CODE OF

CIVIL PROCEDURE SECTION 86 (a)(4), & IS A CUMULATIVE REMEDY IN

ADDITION TO THE JUDICIAL FORECLOSURE REMEDY WHICH STILL

EXISTS IN CALIFORNIA;

19 (4) THE SAID COURT & DEPT. 8 JUDGE KENNETH C. TWISSELMAN II, WAS

20 21 22 23 24 25 26 27 28

WAS STRICTLY RESTRICTED IN ITS JURISDICTION & POWER TO GRANT

A JUDGMENT IN THE SAID CASE TO ONLY THE EXPRESS CONDITIONS

& REQUIREMENTS OF THE APLLICABBLE STATUTE, CALIFORNIA CODE

OF CIVIL PROCEDURE SECTION 1161a (b )(3) wnrcn EXPRESSLY PROVIDES

THE FOLLOWING:

"CODE OF CIVIL PROCEDURE SECTION 1161a"

(b) In any of the following cases, a person who holds over and continues in possession of a manufactured home, mobilehome, floating home, or real property after a threeday written notice to quit the property has been served upon the person, or if there is

PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID Page 3 of9

1 2 3 4 5

a subtenant in actual occupation of the premises, also upon such subtenant, as prescribed in Section 1162, may be removed therefrom as prescribed in

thi h t ." "

IS C ap ere .....

(3) Where the property has been sold in accordance with Section

2924 of the Civil Code, under a power of sale contained in a deed of trust executed by such person, or a person under whom such person

claims, and the title under the sale has been duly perfected."

6 (5) ACCORDING TO THE BINDING LAW UNDER WHICH THE SAID UNLAWFUL

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10 11 12 13 14 15 16 17 18 19 20 21 22

DETAINER ACTION WAS FILED, IT WAS AN EXPRESS MANDATORY PRE

REQUISITE & PRE-CONDITION OF BRINGING AN ACTION FOR UNLAWFUL

DETAINER UNDER CALIFORNIA CODE OF CIVIL PROCEDURE SECTION

1161a (b)(3) BEFORE THE COURT, THAT SAID PLAINTIFF, A DEFENDANT

HEREIN, GMAC MORTGAGE LLC, HAD PERFECTED THEIR TITLE TO SAID

PROPERTY, PRIOR TO THE FILING OF THEIR UNLAWFUL DETAINER ACTION.

& FAILURE TO DO SO PRECLUDED THE TRIAL COURT IN THAT CASE FROM

GRANTING ANY JUDGMENT OR RELIEF TO SAID PLAINTIFF. DEFENDANT

HEREIN. UNDER THE SAID APPLICABLE CODE SECTION c.c.P. SECTION

1161a (b)(3); AS THE LIMITED & RESTRICTED JURISDICTION OF THE TRIAL

COURT COULD NOT BE INVOKED BY THE ALLEGED PLAINTIFF IN ABSENCE

OF THE REOUlRED PERFECTION OF TITLE PRIOR TO THE FILING OF THE

SAID ACTION BY SAID PLAINTIFF.

23 (6) THE SAID "PLAINTIFF" DEFENDANT HEREIN, GMAC MORTGAGE LLC,

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KNEW THAT THEY HAD NOT EVER PERFECTED THE TITLE TO THE

SAID PROPERTY PRIOR TO THE FILING OF THE UNLAWFUL DETAINER

ACTION, AS THEY HAD BEEN SERVED WITH A COPY OF THE LAW SUIT

OVER THE TITLE IN CASE S-1500-CV-265552-WDP PRIOR TO THE FILING

PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID Page 4 of9

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

OF THEIR SAID UNLAWFUL DETAINER ACTION, & PRIOR TO THE DATE

OF 11113/2008 THE ALLEGED PUBLIC SALE OF THE HOME & PROPERTY

OF PLAINTIFFS HEREIN, WHICH SERVICE WAS DONE BY FAX ON THE

DAY OF 1111112008 VIA NOTICE OF OF A PENDING EMERGENCY EX

PARTE HEARING FOR A TEMPORARY RESTRAINNG ORDER; AND THEY

WERE SERVED WITH SUMMONS IN SAID CASE #: S-1500-CV-265552-WDP, ON

DECEMBER 2, 2008, LONG BEFORE THEY FILED THEIR SAID UNLAWFUL

DETAINER ACTION IN EARLY 2009, WHICH ESTABLISHES A FRAUD BY

SAID DEFENDANTS GMAC MORTGAGE LLC, ON THE FACE OF THE

COURTS RECORD, & SAID FRAUD WAS KNOWING & WILLING ON THEIR

PART, WITH INTENT TO CAUSE HARM DAMAGE & INJURY TO PLAINTIFFS

HEREIN, WHICH IS MALICE AND FORETHOUGHT SUBJECTING THEM TO

PUNITIVE & EXEMPLARY DAMAGES IN THIS ACTION. THE FACT THAT

THE ALLEGED PLAINTIFF IN THE ALLEGED UNLAWFUL DETAINER

ACTION, GMAC MORTGAGE LLC, WENT AHEAD & ATTEMPTED TO

PROSECUTE AN UNLAWFUL DETAINER WITHOUT CONFORMING TO THE

MANDATORY PRE-REQUISITE OF PERFECTING THEIR ALLEGED TITLE

PRIOR TO FILING THEIR COMPLAINT, & THEREBY, THEREAFTER

SUFFERS FINANCIAL LOSS, COSTS, OR EXPENSES BECAUSE OF IT,

PROVIDES NO BASIS OF RELIEF FOR SAID PARTY. Plaintiffs herein have

given Notice to said Defendants at the earliest possible opportunity & to their various

REAL ESTATE AGENTS, Attorneys & Law firms in writing by mail, in writing by fax,

& by email. prior to the alleged public sale, & in their earliest Pleadings in both prior

PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID Page 5 of9

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Unlawful Detainer Actions filed in Kern County Superior Court, (the first said alleged

Unlawful Detainer Case was willingly Dismissed by the Endres Law Firm after

receiving a copy of the Law suit of Star: Hills over Title in Case #: S-1500-CV-

265552-WDP, AFTER WHICH GMAC MORTGAGE LLC, CONTINUED ON BY

HIRING ANOTHER LAW FIRM RUZICKA & WALLACE LLP, TO FILE YET

ANOTHER UNLAWFUL DETAINER ACTION IN S-1500-CL-237061-KTC,

WHEREIN THEY OBTAINED THEIR FRAUDULENT & VOID ALLEGED

JUDGMENT). PLAINTIFFS CLEARLY STATED IN NUMEROUS PAPERS FILED

WITH THE UNLAWFUL DETAINER COURT & SERVED ON SAID DEFENDANT

GMAC MORTGAGE LLC. INCLUDING IN THEIR ORIGINAL ANSWER TO THE

ALLEGED COMPLAINT. THAT GMAC MORTGAGE LLC WAS COMMITTING A

FRAUD UPON THE COURT AFTER HAVING COMMITTED A FRAUD ON

Star: Hills & A FRAUD UPON THE PUBLIC AT A PURPORTED PUBLIC SALE.

AND CLEARLY STATED THAT THE ALLEGED MORTGAGE & SALE WERE

VOID AB INITIO DUE TO PRIOR RESCISISON, & THAT THEY NEVER

PERFECTED THEIR ALLEGED TITLE PRIOR TO FILING THE ALLEGED

UNLAWFUL DETAINER ACTION AS REQUIRED BY THE CONTROLLING

STATUTE cc:r. 1161a (b)(3), DUE TO THE FACT IN THE COURTS RECORD

THAT AN ACTION WAS ALREADY PENDING IN THE COURT OVER THE

TITLE TO THE PROPERTY IN QUESTION IN THE UNLIMITED JURISDICITON

OF THE COURT, PRIOR TO THE FILING OF THEIR ALLEGED UNLA WFUL

DETAINER ACTION. THESE NOTICES & WARNINGS WERE ALL IGNORED

BY GMAC MORTGAGE LLC, THEIR AGENTS, ATTORNEYS, & BY THE

PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID Page 6of9

1 2 3 4 5

UNLAWFUL DETAINER COURT, TO PERIL OF THE SAID GMAC MORTGAGE

LLC, & THEY TOOK THE FRAUDULENT ACTIONS AT THEIR OWN PERIL, Page

731 ofthe California Supreme Court Ruling in the Case of Lapham v. Campbell. 61 Cal.

296 at page 300.

6 (7) FAILURE OF THE COURT TO GRANT THIS MOTION WILL RESULT IN A

7 8 9

10 11 12 13 14

GROSS MISCARRIAGE OF JUSTICE & IRREPARABLE HARM & INJURY TO

PLAINTIFFS HEREIN INCLUDING THE CONTINUED UNCONSTITUTIONAL,

UNLAWFUL LOSS OF PLAINTIFFS HOME & DAMAGES INCIDENTAL TO

SAID UNAUTHORIZED TAKING DUE TO THE SAID VOID ORDERS,

JUDGMENTS, & WRITS OF POSSESSION, FOR WHICH THERE IS NO

SPEEDY ADAQUATE REMEDY IN THE ORDINARY COURSE OF LAW

REQUIRING EXTRAORDINARY RELIEF FROM THE APPELLATE COURT;

15

3. This Motion is based upon this Notice, the Plaintiffs Complaint herein, the Demurrer

16 17 18 19 20 21 22 23 24 25

of Defendants FILED IN THIS COURT SET FOR HEARING ON 1120/2011, the Request

for Judicial Notice of Defendants in support of their Demurrer, THE PRIOR Ruling of

this Court denying Plaintiffs Ex Parte Emergency Motion for a Temporary Restraining

Order against Defendants on 12/20/2010, The Courts Record in this Case & in Case #'s:

S-1500-CL-237061-KTC; S-1500-CV-265552-KCT; & THE ACCOMPANYING

REQUEST FOR MANDATORY JUDICIAL NOTICE, AS WELL AS THE

SUPPORTING MEMORANDUM OF POINTS & AUTHORITIES OF Star: Hills &

Alan Gjurovich SERVED & FILED HEREWITH 'rms MOTION.

26 4. PLAINTIFFS HEREBY MOVE THE COURT FOR SAID RULING,

27 DECLARA TION, & ORDER.

28

5. Wherefore Movants herein Pray to the Creator of the Universe for the following Relief:

PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID Page 7 of9

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On this day, the-twentY-SeCOnd-daY-Of-the-second-month-Two~sand~ f ~tI\IlA_

I; s ----F""-~ ~-

I. THIS COURT TAKES JUDICIAL NOTICE AS REQUESTED IN THIS

MOTION, & AS REQUIRED BY LAW, &;

II. THIS COURT GRANTS THIS MOTION, &;

III. THIS COURT ISSUES FINDINGS UPON THE FACE OF THE COURTS

RECORD REQUESTED HEREIN & IN THE SUPPORTING PAPERS &;

IV. THIS COURT ISSUES A FINAL DECLARATION & ORDER THAT THE SAID

PURPORTED ORDERS & JUDGMENT, & WRITS OF POSSESSION IN

UNLAWFUL DETAINER CASE # : S-lS00-CL-237061-KTC ARE VOID UPON

THEIR FACE OR UPON THE FACE OF THE COURT RECORD &

UNENFORCEABLE UNDER THE LAW, &;

V. THE COURT GRANTS WHATEVER OTHER RELIEF IT DEEMS RIGHT &

PROPER UNDER THE FACTS, EQUITY & LAW OF THIS CASE.

PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID Page 8 of9

1

PROOF OF SERVICE

2 I the undersigned hereby declare under penalty of perjury under the laws of the 3 state of California that I served the here attached Documents described as:

4 NOTICE OF & MOTION FOR RULING,DECLARATION & ORDER IN COURTS EQUITY JURISDICTION THAT ORDERS & JUDGMENTS IN CASE #: S-1500-CL-

5 237061-KTC; ARE VOID AS A MATTER OF LAW; SUPPORTING MEMORANDUM OF 6 POINTS & AUTHORITIES OF Alan Gjurovich & Star: Hills;

7 ON THE PERSONS & PARTIES NAMED BELOW AT THE ADDRESSES TO

8 FOLLOW ON THE DAY OF FEBRUARY 22, 2011 BY FIRST CLASS US MAIL 9

WITH COPIES ENCLOSED IN A SEALED ENVELOPE WITH THE POSTAGE

10 11

THEREFOR FULLY PREPAID BY ME. I AM OVER THE AGE OF EIGHTEEN

12 YEARS. I AM NOT A PARTY TO THE WITIDN ACTION MY BUSINESS 13 ADDRESS IS: [p.O. BOX 71537, BAKERSFIELD CALIFORNIA 93387]

14

15 DEFENDANTS GMAC MORTGAGE LLC, ET AL, CARE OF COUNSEL OF RECORD: 16 ROBERT GANDY,

THE ATRIUM, 19100 VON KARMAN AVE., 17 SUITE 700, IRVINE CA. 92612.

18

19

RELATED CASE:

PLAINTIFF GMAC MORTGAGE LLC; CARE OF: RUZICKA & WALLACE LLP, 16520 BAKE PARKWAY, SUITE 280, IRVINE, CALIFORNIA, 92618

EXECUTED BY MY HAND ON THIS DAY, FEBRUARY 22,2011, IN THE

20

21 COUNTY OF KERN, REPUBLIC STATE OF CALIFORNI~ CITY OF 22 BAKERSFIELD, 23 24

25 26 27 28

me: opez

all Rights reserved.

PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID Page 90f9

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