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1 UNITED STATES DISTRICT COURT

2 SOUTHERN DISTRICT OF CALIFORNIA

3 PEOPLE OF THE STATE OF CALIFORNIA® ) Case No. ’09 CV0429 L CAB


ACCUSER: Brian W. York, on behalf of Jaymes Edward York- )
4 Eck )
V. )
5 DEFENDANT: SIM VON KALINOWSKI, )
REP. DARRELL ISSA, GOVERNOR SCHWARZENEGGER,
)
6 SENATOR FEINSTEIN, SAN DIEGO MEDICAL
EXAMINER'S OFFICE, SHERIFF-CORONERS LAKEPORT, )
7 THE OFFICE OF RISK AND INSURANCE MANG., )
DEPARTMENT OF GENERAL SERVICES TERESA SOUSA, )
8 LAKE COUNTY BOARD OF SUPERVISORS, STATE OF )
CALIFORNIA: TREASURER'S OFFICE, CA. SECRETARY )
9 OF STATE )
LAKE COUNTY GRAND JURY, SECRETARY OF STATE )
10 DELAWARE, AUDITOR-CONTROLLER PAM COCHRANE, )
AUDITOR-CONTROLLER RODNEY A. DOLE, THE STATE )
11 BAR OF CALIFORNIA, AMERICAN BAR ASSOCIATION, )
CALIFORNIA BUREAU OF STATE AUDITS, THE D&B
)
12 CORPORATION, DISTRICT ATTORNEY VISTA OFFICE,
SENATOR BARBARA BOXER, COMMISSION ON )
13 JUDICIAL PERFORMANCE & STEFANIE AMARAL ECK, )
DEFENDANTS ADDED 3-8-09 JUDGE ARNOLD )
14 ROSENFIELD, ATTORNEY JUDITH K STADLER, DORIS )
R. SAMI, PAMELA BERLANGA, SONOMA DISTRICT )
15 ATTORNEY PASSALACQUA, DISTRICT ATTORNEY JON )
HOPKINS OF LAKE COUNTY, ADDING DEFENDANTS AS )
16 THEY BECOME KNOWN TO ME. ET AL )

17 Acting Private Attorney General


18 Private attorney general
A private attorney general is a private party in the United States who brings a lawsuit that is considered to be
19 in the public interest, i.e. benefiting the general public and not just the plaintiff. The private attorney general is
entitled to recover attorney's fees if he or she prevails. The purpose of this principle is to provide extra
20 incentive to private citizens to pursue suits that may be of benefit to society at large.
Examples of application
21 Most civil rights statutes rely on private attorneys general for their enforcement. In Newman v. Piggie Park
Enterprises, 390 U.S. 400 (1968) - one of the earliest cases construing the Civil Rights Act of 1964, the United
22 States Supreme Court ruled that "A public accommodations suit is thus private in form only. When a plaintiff
brings an action . . . he cannot recover damages. If he obtains an injunction, he does so not for himself alone
23 but also as a 'private attorney general,' vindicating a policy that Congress considered of the highest priority."
The United States Congress has also passed laws with "private attorney general" provisions that provide for
24 the enforcement of laws prohibiting employment discrimination, police brutality, and water pollution. Under
the Clean Water Act, for example, "any citizen" may bring suit against an individual or a company that is a
25 source of water pollution.

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Private Attorney General
1 Another excellent example of the "private attorney general" provisions is the Racketeer Influenced and
Corrupt Organizations (RICO) Act. RICO allows average citizens (private attorneys general) to sue those
2 organizations that commit mail and wire fraud as part of their criminal enterprise. To date, there are over 60
federal statutes that encourage private enforcement by allowing prevailing plaintiffs to collect attorney's fees.
3 Civil Rights Attorney's Fees Award Act
The U.S. Congress codified the private attorney general principle into law with the enactment of Civil Rights
4 Attorney's Fees Award Act of 1976, 42 U.S.C. § 1988. The Senate Report on this statute stated that The
Senate Committee on the Judiciary wanted to level the playing field so that private citizens, who might have
5 little or no money, could still serve as "private attorneys general" and afford to bring actions, even against state
or local bodies, to enforce the civil rights laws. The Committee acknowledged that, "[i]f private citizens are to
6 be able to assert their civil rights, and if those who violate the Nation's fundamental laws are not to proceed
with impunity, then citizens must have the opportunity to recover what it costs them to vindicate these rights
7 in court." Where a plaintiff wins his or her lawsuit and is considered the "prevailing party," § 1988 acts to shift
fees, including expert witness fees [at least in certain types of civil rights actions, under the Civil Rights Act of
8 1991, even if not in § 1983 actions], and to make those who acted as private attorneys general whole again,
thus encouraging the enforcement of the civil rights laws. The Senate reported that it intended fee awards to be
9 "adequate to attract competent counsel" to represent client with civil rights grievances. S. Rep. No. 94-1011, p.
6 (1976). The U.S. Supreme Court has interpreted the act to provide for the payment of a "reasonable
10 attorney's fee" based on the fair market value of the legal services.
Retrieved from "http://en.wikipedia.org/wiki/Private_attorney_general"
11 Categories: Civil procedure

12 TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1988. Proceedings in vindication of civil rights
(a) Applicability of statutory and common law
13 The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of titles 13, 24,
and 70 of the Revised Statutes for the protection of all persons in the United States in their civil rights, and for
14 their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as
such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or
15 are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the
common law, as modified and changed by the constitution and statutes of the State wherein the court having
16 jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution
and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the
17 cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty.
(b) Attorney’s fees
18 In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this
title, title IX of Public Law 92–318 [20 U.S.C. 1681 et seq.], the Religious Freedom Restoration Act of 1993
19 [42 U.S.C. 2000bb et seq.], the Religious Land Use and Institutionalized Persons Act of 2000 [42 U.S.C.
2000cc et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], or section 13981 of this
20 title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable
attorney’s fee as part of the costs, except that in any action brought against a judicial officer for an act or
21 omission taken in such officer’s judicial capacity such officer shall not be held liable for any costs, including
attorney’s fees, unless such action was clearly in excess of such officer’s jurisdiction.
22 (c) Expert fees
In awarding an attorney’s fee under subsection (b) of this section in any action or proceeding to enforce a
23 provision of section 1981 or 1981a of this title, the court, in its discretion, may include expert fees as part of
the attorney’s fee.
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TITLE 42 > CHAPTER 21 > SUBCHAPTER II > § 2000a–3. Civil actions for injunctive relief
25 (a) Persons aggrieved; intervention by Attorney General; legal representation; commencement of action
without payment of fees, costs, or security

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1 Whenever any person has engaged or there are reasonable grounds to believe that any person is about to
engage in any act or practice prohibited by section 2000a–2 of this title, a civil action for preventive relief,
2 including an application for a permanent or temporary injunction, restraining order, or other order, may be
instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the
3 Attorney General to intervene in such civil action if he certifies that the case is of general public importance.
Upon application by the complainant and in such circumstances as the court may deem just, the court may
4 appoint an attorney for such complainant and may authorize the commencement of the civil action without the
payment of fees, costs, or security.
5 (b) Attorney’s fees; liability of United States for costs
In any action commenced pursuant to this subchapter, the court, in its discretion, may allow the prevailing
6 party, other than the United States, a reasonable attorney’s fee as part of the costs, and the United States shall
be liable for costs the same as a private person.
7 (c) State or local enforcement proceedings; notification of State or local authority; stay of Federal proceedings
In the case of an alleged act or practice prohibited by this subchapter which occurs in a State, or political
8 subdivision of a State, which has a State or local law prohibiting such act or practice and establishing or
authorizing a State or local authority to grant or seek relief from such practice or to institute criminal
9 proceedings with respect thereto upon receiving notice thereof, no civil action may be brought under
subsection (a) of this section before the expiration of thirty days after written notice of such alleged act or
10 practice has been given to the appropriate State or local authority by registered mail or in person, provided that
the court may stay proceedings in such civil action pending the termination of State or local enforcement
11 proceedings.
(d) References to Community Relations Service to obtain voluntary compliance; duration of reference;
12 extension of period
In the case of an alleged act or practice prohibited by this subchapter which occurs in a State, or political
13 subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be
brought under subsection (a) of this section: Provided, That the court may refer the matter to the Community
14 Relations Service established by subchapter VIII of this chapter for as long as the court believes there is a
reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further,
15 That upon expiration of such sixty-day period, the court may extend such period for an additional period, not
to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable
16 possibility of securing voluntary compliance.

17 Private Attorney General Act


The California Legislature has enacted a law which allows private citizens to sue for civil fines and penalties
18 for violations of certain California Labor Code provisions. Previously, this could only be done by a State
agency such as the Labor Commissioner or the Attorney General. Under the Private Attorney General Act of
19 2004, private citizens can sue for these violations. If they are successful, the fines imposed under the law are
split with 75% of the amount going to the State of California Labor and Workforce Development Agency and
20 25% going to the injured employees. This 25% is in addition to any other monies owed the employees such as
unpaid overtime, unpaid meal premiums, bounced check fees, etc.
21
Since this is going to be split with Plaintiff at the rate of 75% to him and the Private Attorney General in and for
this case, namely one PJ Stewart, will receive 25% of the equity from this case as provided by law.
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1
COURT COSTS
2 1) NO ATTAINDERS, NO EMOLUMENTS & NOTWITHSTANDING.

3 1. NO ATTAINDERS, Our public officials can not enact bills of attainders, such as tickets, inspection
fees, state taxes, gas taxes, child support, fees for licenses, demand you pay for any service rendered
4 by a public servant, their salary is only to be paid out of the United States Treasury.

5 2. NO EMOLUMENTS & Emolument clause refers to a provision in Article I, Section 9, Clause 8,


that forbids the United States from granting titles of nobility and restricts members of the government
6 from receiving gifts from foreign states without the consent of the United States Congress.

7 3. NOTWITHSTANDING. All state laws, all state codes, all federal code, and federal rules of civil
procedure which conflict with the constitution are contrary and void. Thing in the Constitution or
8 Laws of any State to the Contrary notwithstanding. All laws which violate the constitution,
enumerate our rights are likewise void, NOTWITHSTANDING.
9

10 SUPREME COURT OF THE U.S. - RULES Part VII. Practice and Procedure
Rule 39. Proceedings In Forma Pauperis
11 The courts provide in propria persona parties wide latitude when construing their pleadings and papers. When
interpreting pro se papers, the Court should use common sense to determine what relief the party desires.
12
Defendant has the right to submit in propria persona briefs on appeal, even though they may be inartfully
13 drawn but the court can reasonably read and understand them. See, Vega v. Johnson, 149 F.3d 354 (5th Cir.
1998).
14
Acting Private Attorney General: PJ Stewart, under 42 U.S.C. § 2000a–3, 33 U.S.C. 1365, 18 USC § 3283, 42
15 U.S.C § 1983, 28 U.S.C. § 1343, The term private attorney general refers private citizens who in any civil or
criminal court proceeding, is acting on behalf of that person’s rights and equal protection under the law. The
16 private attorney general is entitled to recover attorney's fees if he or she prevails.

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All documents have been made public
24 www.stoptyranny.net
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