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AJ Weberman pro se318 3

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Avenue #520New York 10010Gary Kurtz pro per20335 Ventura BlvdSuite 200Woodland Hills, Calif.Superior Court of CaliforniaState of CaliforniaCounty of Los AngelesGary Kurtz,Plaintiff,vs.A. J. Weberman,Defendant))))))))))Case No.: LC084486

REVISED MOTION TO VACATE DEFAULT

Alan Jules Weberman being duly sworn deposes and says that Judge Kaddo’s

vacating thedefault against me before it becomes a default judgment would further the interests of justice.FACTS

On September 25, 2009 Judge Michael Harwin stated in open court, “Mr. Weberman you shouldknow that I am also admitted as an attorney in New York State so if need be we will try it there.”

JudgeHarwin was serious in his tone and when I asked if he was a judge in both New York State and Californiasimultaneously he told his clerk to hang up the phone. This was an attempt by Judge Harwin to get me toforfeit my defense that the California courts had no jurisdiction in this matter because by asking a judge torecues himself I am implying that I recognize the Court

’

s jurisdiction. The law regarding personal jurisdiction in California indicates that a defendant can file an answer, demurrer, or motion to strikewithout waiving the right to contest personal jurisdiction. The law does not allow the defendant to ask the judge to recuse himself and subsequently contest personal jurisdiction. See CA Code of Civ. Proc.Section 418.10. Judge Harwin knew this an entrapped A. J. Weberman.

 

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However, what a tangled web we weave, when first we practice to deceive. Judge Harwin and hisClerk in their haste to destroy my jurisdictional defense allowed a document to be filed that was

prima fascia 

procedurally and logically incorrect. The document was titled Peremptory Challenge and it citedCode of Civil Procedure Section 170.1 (the disqualification of a judge) the title suggested a challengebased on 170.6 Peremptory Challenge. This document was illogical and should not have been filed butshould have been returned to the defendant. But Judge Harwin had to act fast before Defendant realizedwhat he was about to do negated his jurisdictional defense.Your Honor, according to your own words in your ORDER STRIKING STATEMENT OFDISQUALIFICATION you wrote,

“The statement of di

squalification is not verified. A statement ofdisqualification must be signed and verified. Code of Civil Procedure § 170.3(c)(1); Code of CivilProcedure § 2015.5. The object of verification is to assure good faith in the averments or statements ofthe party. H.G. Bittleston Law and Collection Agency v. Howard (1916) 172 Cal. 357, 360; Silcox v. Lang(1889) 78 Call 18, 122. Defendant's unsigned pleading may not be considered verified in accordance withthe provisions of C.C.P. section 446(a) as required by C.C.P. section 170.3(c)(1) and section 2015.5. Thestatement of disqualification was not properly served.

” The statement to Judge Harwin, was not verified.

Verification n. the declaration under oath or upon penalty of perjury that a statement or pleading is true,located at the end of a document. A typical verification reads: "I declare under penalty of perjury under thelaws of the State of California that I have read the above complaint and I know it is true of my ownknowledge, except as to those things stated upon information and belief, and as to those I believe it to betrue. Executed January 3, 1995, at Monrovia, California. (signed) AJ Weberman, declarant."In your Order Striking Statement of Disqualification filed on January 19, 2010 you also wrote

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Code of Civil Procedure § 170.3, subdivision (c)(1) requires that the statement of disqualification "bepersonally served on the judge alleged to be disqualified, or on his or her clerk, provided that the judge ispresent in the courthouse or in chambers." In this instance there was no personal service on either the

 judge or the clerk. Defendant's proof of service filed with the pleading indicates service by U.S. Mail.” T

hepreceding was cited by you in an Order Striking Statement of Disqualification filed on January 19, 2010.By your own knowledge of the law my Peremptory Challenge should not have been granted because it