Mar 09 2011 8:18PM Mer 07 2011 10:~5P~

Richard Riohard

I. Fin~ & A~~oc. I.
Fine ~ AS500.

310 277 1543
31Cl 277
1543

p. 1

p.2

LOS ANOELBS SUPBRIOR COl1l'I'

FILED
MAR ea 2011

1

RICHARD

r. FINE,

2

s
4 5 6
7

J~~RK IVg~D~'N
Former Attorney for Petitioner Marina Slmnd Colony II Homeowners Association Respondent in Contempt Proceeding, also In Pro Per in the Contempt Proceeding SUP.ERIOR COURT OF THE ST ATE OF CALIFOR..~1A FOR. nIE COUNTY OF LOS ANGELES CENTRAL DISm.rCT .MARINA STRAND COLONY U. HOMEOWNER8 ASSOC1ATION, Petitioner, )
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8 9 JO

CASE NO. BS 109420

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) NDth:e Tbd March 4, lOll Onter of JlIdgc
) K1Jhlle A Void Ordet' As A Violatioll o.f

v.
14

is 16

" COUNiY

OF LOS ANGELES, Respondent,

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17 DEL REY SHORES JOINT VENTURE; 18 DELREYSHORESJOINTV~WRE

NORTIl
19

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21

,.

Real Party in lnterest

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CCP Section 110.1(a)(6)(A)(iii) aDd Code of Judicial Ethi~!i. CaDO"S 2A, 31t (1) IUld (2), and 4D(I) and .11 Obstraetlon of Justlee; Demand that tile Motion fo-rRenewal ", the Motioo to V"id aod Annul AD Orders aDd .Judgments Illchldi,agThosein tbe COlltempt Pro(eedingl in the Cale Made by Judge Yaffe; RequeJt (or Judicial Notic:e and Declaration of Rkhard 1. Fine Be Beqrd on Marcb 10,2011 IS ser in Deparrment t Reforle an Irnpartjal Judge Wilo Has Not Received Uletal p.,.ments From LA County Date: March to, 2011
Time: 9:00 am

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. 23

New P lace ~Dept. I
OSC Filed: 11/3/2008 Trial Date: ]2/22:/2008 CCP Section 1008(b)(e)

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22624wpd/t7,a

Notice of Void Order and D~rt\and

IO:C1\1 L 1

Fill( FI

I! ng

201 L As shown in the the basis for the "motion for renewal" was void because he was disqualified was that the January 7. Fine & Assoc. conduct prejudicial to the administration I 8 the judicial office into disrepute . 7 Retired Judge O'Brien 8 disqualified 9 approximately 10 11 "intangible 12 13 himself for not having disclosed and disqualified $277. 913- 14 and favors from attorneys 15 disqualification and a litigant appearing with respect to matters involving these attorneys on Judicial Performance 16 914 citing Adams v.612.S. a party to the case. and U. v. pages 879. the Commission on Judicial Performance 26 27 The motion to set aside all of Judge Yaffe's void orders is specifically contemplated by the CCP.C.55 from LA County also madevvoid" Judge Yaffe resigned before 24 25 to the same punishment. 1995. 14. which. on her own motion ordered the present The present "motion for renewal" was originally set in 4 "motion for renewal" "off calendar". 2011 order of from the outset for not having himself for having received 6 "motion for renewal". Judge Carolyn B..64 in illegal payments from LA County..4th 866. 904 Rehearing Denied Sept. could act..2 1 Notice That March 4. Section 1346-the intangible 807: before a judge to such judge are right to honest services) stating at 805- 22 23 Because no linkage of payment and specific official act is required under California law and because the indictment incorporates the relevant state bribery statutes.S. 3E (1) and (2). to being removed as a The receipt of the LA County payments rendered him susceptible [udge ifhe were still an active judge and convicted for the federal crime of violating the right to honest services". U. and 4D(I) and an Obstruction of Justice 3 On March 4. 2011 and reset by the Clerk for March 10. 1346. and serving prison time in a V. 5 Department 1 for March 4.2011. financial benefits in the judge's court. Commission 10 Ca1.3d 793 (the payment by a party and an attorney appearing bribery and violate 18 V.S. Judge Yaffe who received approximately decisions in this case and was susceptible $827.. this required or their firms. v. in turn. v. 1995) under the holdings of the cases of Adams v.925. prison on Judicial Performance (July 20. Malkus. Adams (1999) 179 19 20 21 F. (judge accepted gifts. U. s. state the elements of the bribery offenses.Mar 09 2011 8: 18PM Richard I. CCP Section 473(d) allows a motion to void the actions of a judge to be brought at any time 28 22624wpd/t7a -2 Notice of Void Order and Demand . S. 18 U. Commission 17 (Adams I) which represented" (1994).2011 Order of Judge Kuhl Is A Void Order as A Violation of CCP 2 Section 170. Frega. 661-663 of justice that brings .1(a)(6)(A)(ili) and Code of Judicial Ethics. ").c.S.4th 630. Kuhl. the indictment is valid in this respect. 310 277 1543 p. 8 CaJ. Canons 2A.

The motion having been improperly set for hearing in Department 1. As clearly seen from the above quoted sections. 310 277 1543 10. set order directed. Neither the presiding judge nor a supervising judge has the authority to review.Mar OS 2011 8: 18PM Richard I.. intervene in or otherwise affect the outcome of any matter proceeding before another judicial officer. Judge Kuhls Sections 473(d) and 1GOSCb)..88. to be brought 13 14 15 In her "Minute Order". in which case it shall be shown by affidavit what application was made before. without any requirement 7 Such section states: 8 9 10 11 12 (b) A party who originally made an application for an order which was refused in whole or part. or law. Judge Kuhl was not only not 23 "complying with the law". Such section states: (d) The court may. or law are claimed to be ShO\Vl1. Fine & Assoc. she was making her own law in contravention to CCP Sections 473(d) 24 and 1008(b ). In contrast. on motion of either party after notice to the other party. 5 6 aside any void judgment or order.3 without regard to bringing 2 it before the same judge or even court. Based upon the LA County payments to Judge 28 Berle who became a LA Superior Court judge in 1997. lA "A Judge shall respect and comply with the law .) CCP Section 1 008(b) allows a motion for renewal. may make a subsequent application for the same order upon new or different facts. or its own motion. overrule.3· Notice of Void Order and Demand . Like Judges Yaffe and O'Brien.206. 22 Canon. the court orders it off calendar. her transgressions did not stop there. circumstances. correct clerical mistakes 3 4 in its judgment or orders as entered. and what new or different facts. to be brought before any judicial officer that the motion be brought before the judge who previously heard such. Judge Kuhl stated as her reason for ordering the "motion for 1 the following: 16 renewal" off calendar in Department 17 18 19 20 21 All judges of the Superior Court are independently elected constitutional officers. In doing such Judge Kuhl has violated statement violates both CCP Code of Judicial Conduct. what order or decisions were made. any order made on a subsequent application may be revoked or set aside on ex parte motion. Judge 27 Kuhl became a LA Superior Court judge in 1995. Judge 26 Kuhl did not disclose the amount of illegal payments that she received from LA County. ". so as to conform to the judgment or and may. For a failure to comply with this subdivision. when and to what judge. Any dissatisfaction with the findings of fact or the rulings of law by any other judicial officer must be addressed to that judicial officer or to the Court of Appeal. or granted conditionally or on terms. 25 However. CCP Section 1008(a) requires a motion for reconsideration before the same judge who decided the original motion. upon motion of the injured party. and the LA . (Emphasis added. of' approximately 22624wpdJt7a $637. circumstances.

more than any other judge. This meant 5 6 that she was a member when the California Judicial Council drafted California Senate Bill SBX civil 2 11 which grants her and other judges retroactive 7 8 immunity from criminal prosecution..-I~£...2011 as set in Department 1 before an impartial judge who has not received illegal payments from LA County." Most egregious. according to the California Judicial Council Official Site.. ~ . ••. 310 2?? 1543 10. Judge Kuhl was a 4 member of the California Judicial Council from 2006 onwards without a closing date. 15 services. 1(a)(6)(A)(iii) and 13 Code of Judicial Ethics. 12 disqualified from the outset. William F. her order was void. Department 17 Judge Kuhl. Judge Kuhl did not disclose the LA County payments nor Judge Kuhl was 11 disqualify herself from the instant case..'. Fin~ & A~~~c. Canons 2A. 3E (1) and (2).4 County payments 2 that of approximately $100.~ Richard 1. Fine Fonner Attorney for Petitioner Marina Strand Colony II Homeowners Association Respondent in Contempt Proceeding...00 to Judge Yaffe in 2005 and 2006. Judge Kuhl received approximately $737. 25 26 . knows that she has violated. Further. Like Judges Yaffe and O'Brien. more than other judges knew this to be true as she was a of Justice. she violated CCP Section 170.S.Mar 09 2011 8:19PM Richard I.<.'. 10 Like Judges Yaffe and O'Brien. 16 Deputy Solicitor General and Assistant Attorney General in the U. f. also In Pro Per in the Contempt Proceeding 27 28 22624wpd/t7a -4~ Notice of Void Order and Demand . 19 Demand is hereby made that the Motion for Renewal of the Motion to Void and Annul 20 All Orders and Judgments Including Those in the Contempt Proceedings in the Case Made of Richard L Fine be heard on 21 by Judge Yaffe. and 40(1) and committed Justice". 24 Dated: 3/8/11 Respectf~}y •. Judge Kuhl is married to LA Superior Counjudge 9 also receives LA County payments. Highberger who Finally.00 3 Additionally. it is estimated in illegal payments from LA County..000."h~~~ __ -. liability and disciplinary action for baving received illegal payments from LA County and which is being challenged as unconstitutional in the "motion for renewal". ~bmitted.000. by having received 14 losing her judicial an "Obstruction of such LA County payments Judge Kuhl is susceptible to position and to being convicted for violating the "intangible right to honest Judge Kuhl. corrupted and 18 destroyed the integrity of the judicial office by her actions. Request for Judicial Notice and Declaration 22 23 March 10.

S. 2011. Demand that the Motion for Renewal of the Motion to Void and Annul All Orders and Judgments Including Those in tbe Contempt Proceedings in the Case Made by Judge 9 Yaffe. 310 277 1543 p. 16 17 18 19 20 21 22 23 24 25 26 27 Rose M. RICHARD L FINE 28 22624wpd -5- Notice of Void Order and Demand . I served the foregoing document described as Notice That March 4. LLP R. Comer 10940 Wilshire Blvd. Fine & Assoc.Mar 09 2011 8:19PM Richard I. CA 90056 FACSIMILE: (310) 410-7227 181 BY MAIL. Suite 2100 Los Angeles. BY PERSONAL SERVICE: By delivering a copy to the above mentioned persons at: STATE: I declare under penalty of perjury under the Jaws of the State of California that the foregoing is true and correct. Goldsmith & Delvac. service is presumed inval id if postal cancellation date or meter date is more than one day after the date of deposit for mailing in affidavit. I am aware that on motion of the party served. CA 90024 FACSIMILE: (310) 209-8801 15 . Request for Judicial Notice and Declaration of Richard I. Zoia 50 Old Courthouse Square. and 4D(1) and an Obstruction of 8 Justice. postal service on that same day with postage thereon fully prepaid at Los Angeles. Suite 401 Santa Rosa. 6 On March 8.. _BY EXPRESS MAIL IFED EX As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. My business address is 18102 Jaguar Ct. State of California.2011 Order of Judge Kuhl Is A Void Order As A Violation of CCP Section 170. Under that practice it would be deposited with U.. CA 95404 FACSIMILE: (707) 526-5895 Joshua L. Fine Be Heard on March 10.1(a)(6)(A)(iii) and 7 Code of Judicial Ethics. California in the ordinary course of business. California 91335. CA 90012-2713 14 FACSIMILE: (213) 687 7337 11 as follows: Armbruster. Rosen 5905 Sherbourne Drive Los Angeles. 181 181 BY FACSIMILE: By transmitting the documents by facsimile to the stated parties at their respective facsimile numbers as shown above pursuant to CCP § 1013(e). 5 Tarzana.2011 as Set in Department 1 Before an Impartial Judge Who Has Not Received Illegal 10 Payments From LA County on the interested parties in this action by placing a true and correct copy thereof enclosed in a sealed envelope addressed Andrea Ordin Elaine M. Canons 2A.201 l S Angeles.5 PROOF OF SERVICE 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES 3 I am employed in the County of Las Angeles. California. I am over the age of 18 and a 4 party to the contempt proceedings to the within action. 3E (1) and (2). Lemke 12 648 Kenneth Hahn Hall of Administration 500 West Temple Street l3 Los Angeles.J. Executed March 8.

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