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AJ Weberman pro se318 3

rd

Avenue #520New York 10010Gary Kurtz pro per 20335 Ventura BlvdSuite 200Woodland Hills, Calif.Superior Court of CaliforniaState of CaliforniaCounty of Los Angeles

Gary Kurtz,Plaintiff,vs.A. J. Weberman,Defendant)))))))))

CASE NO.: LC084486MOTION TO VACATE THEDEFAULT JUDGMENTON THE GROUNDS OFFORUM NON CONVENIENSCODE OF CIVIL PROCEDURESECTION 418.10

 

Hearing on this motion scheduled March 16, 2010 at 8:30 AM in Dept NW Iat 6230 Sylmar Ave, Van Nuys, CA.1. Defendant is not financially able to afford to hire an attorney in Californiabut Defendant has an attorney from the Jewish Defense Organization whois willing to take the case pro bono. His name is Michael Drobinaire and heis a member of the New York Bar Association.2. Defendant cannot afford to travel to Los Angeles, rent a hotel, and havea taxi transport Defendant to the Courthouse as Defendant does not drive.Defendant has been barred by Judge Kaddo from using court call so eachcourt appearance would cost defendant several thousand dollars.3. Defendant would miss work as Defendant is employed by the JewishDefense Organization.

ATTACHMENT A

is an example of the work that theJewish Defense Organization does.4. Defendant has been granted a fee waiver by Judges Michael Harwin andLisa Hart Cole.

ATTACHMENT B

and

ATTACHMENT C

are copies of 

 

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these fee waivers. If Defendant cannot afford filing fees how can Defendantafford to retain an attorney in California? Is justice a commodity that is soldto the highest bidder? There is no court appointed attorneys in a Civil Case.5. The Plaintiff would have an unfair financial advantage as he is anattorney representing himself. Additionally to enforce the judgment after asister state judgment in New York would only result in Kurtz having to travelto New York to do so.6. Kurtz has practiced law in the Los Angeles vicinity for at least 30 yearsafter leaving the California State’s Attorney General’s office. He hasappeared before many of the judges who will rule on my motions and hasan unfair advantage because of this and because Defendant is located inNew York City and has not been to California since 1975.7. The website in question concerns judicial corruption in the Los AngelesSuperior Court. It alleges that Gary Kurtz conspired with corrupt judges tofix cases involving violations in Nursing Homes. Recently

 ABC News

hasexposed the fact that three nursing home patients have been killed bychemical restraints.

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and it alleges that Gary Kurtz raped one of his clientswhen she was mentally ill. The members of the Los Angeles Superior Courtwould be in effect investigating themselves, as Kurtz is an officer of thatCourt. The website also deals with the alleged ties of Superior Court JudgeJames Kaddo to terrorists and terrorist support groups.8. Defendant is internationally known as someone who stalks celebrities bygoing through their garbage. Los Angeles or Van Nys is ten miles fromHollywood so it is the wrong forum for this action due to the presence of theentertainment industry’s superstars. Defendant is cited in a United StatesSupreme Court decision in regard to the legality of searching throughsomeone’s trash.

CALIFORNIA v. GREENWOOD

, 486 U.S. 35 (1988)486 U.S. 35

CALIFORNIA v. GREENWOOD ET AL

.CERTIORARI TO THE COURT OF APPEAL OF CALIFORNIA, FOURTHAPPELLATE DISTRICT

1

. http://abcnews.go.com/WN/abc-world-news-deadly-chemical-restraints-kill-california/story?id=9483981

 

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No. 86-684.Argued January 11, 1988Decided May 16, 1988

 

“A trash bag, like any of the above-mentioned containers, "is a commonrepository for one's personal effects" and, even more than many of them, is"therefore . . . inevitably associated with the expectation of privacy."Sanders, supra, at 762 (citing Chadwick, supra, at 13). "[A]lmost everyhuman activity ultimately manifests itself in waste products . . . ."

Smith v.State

, 510 P.2d 793, 798 (Alaska), cert. denied, 414 U.S. 1086 (1973). See

California v. Rooney 

, 483 U.S. 307, 320 -321, n. 3 (1987) (WHITE, J.,dissenting) (renowned archaeologist Emil Haury once said, "[i]f you want toknow what is really going on in a community, look at its garbage") (quotedby W. Rathje, Archaeological EthnographyBecause Sometimes It IsBetter to Give Than to Receive, in Explorations in Ethnoarchaeology 49, 54(R. Gould ed. 1978));

Weberman, The Art of Garbage Analysis: You AreWhat You Throw Away, 76 Esquire 113 (1971) (analyzing trash of various celebrities and drawing conclusions about their private lives).

 A single bag of trash testifies eloquently to the eating, reading, andrecreational habits of the person who produced it. A search of trash, like asearch of the bedroom, can relate intimate details about sexual practices,health, and personal hygiene. Like riffling through desk drawers or intercepting phone calls, rummaging through trash can divulge the target'sfinancial and professional status, political affiliations and inclinations,private thoughts, personal relationships, and romantic interests. It cannotbe doubted that a sealed trash bag harbors telling evidence of the "intimateactivity associated with the `sanctity of a man's home and the privacies of life,'" which the Fourth Amendment is designed [486 U.S. 35, 51] to protect.

Oliver v. United States

, 466 U.S. 170, 180 (1984) (quoting Boyd v. UnitedStates, 116 U.S. 616, 630 (1886)). See also

United States v. Dunn

, 480U.S. 294, 300 (1987).A.J. Weberman is mentioned in 218 books about Bob Dylan or aboutgarbage. See

ATTACHMENT D

 In deciding if California is the proper forum to try a celebrity stalker fromanother state who has no business dealings or residence in California andhas not it should be taken into account California is the State most knownfor Hollywood and celebrity. In the 1950’s Hollywood was at the forefront of destroying traditional American morality wherein celebrities would divorce