Void Orders Obrien II 3

download Void Orders Obrien II 3

of 18

Transcript of Void Orders Obrien II 3

  • 8/2/2019 Void Orders Obrien II 3

    1/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN1

    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

    DennisEttlin,

    InPropria

    Persona

    Dennis Ettlin4520 Toucan StreetTorrance, CA 90503310-795-9507IN PROPRIA PERSONA

    SUPERIOR COURT OF CALIFORNIACOUNTY OF LOS ANGELES

    )

    )))))))))))))))))

    Los Angeles CountyCase No. YC064994

    Lead for Consolidated cases

    Dennis ETTLIN,

    an individual; Petitioner/Plaintiff,

    vs.

    NOTICE OFVOID ORDERS AND JUDGMENTSBY JUDGE OBRIEN BASEDUPON HIS FRAUD ON THECOURT FOR NOT DISCLOSINGILLEGAL PAYMENTS FROM LOSANGELES COUNTY

    Glenda VEASEY,an individual;Respondent/Defendant.

    AND CONSOLIDATED MATTERS))

    Ettlin v. Slawson, Case No. YC065018,Ettlin v. Kriegler, Case No. YC065019,Ettlin v. Taylor, Case No. YC065021,Ettlin v. Kuhl, Case No. YC065164,Cooper v. Weinbach, Case No. SC113064,Cooper v. Levanas, Case No. SC113137,

    Cooper v. Todd, Case No. SC113135Cooper v. Ashmann, Case No. SC113136,

    DATE:TIME:DEPT: Dept 59

  • 8/2/2019 Void Orders Obrien II 3

    2/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN2

    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

    DennisEttlin,

    InPropria

    Persona

    NOTICE OF VOID ORDERS AND JUDGEMENTS

    This notice is made because Judge Robert OBrien has refused to recuse

    himself based on his receipt of the unconstitutional judicial payments from Los

    Angeles County. The notice is brought to conform this case to the legal reality that

    all the judgments and orders of Judge OBrien are void under law and to pursue

    case YC064994 with a proper judge with personal jurisdiction. This case needs

    certainty, which it presently lacks. Judge OBrien has taken payments from Los

    Angeles County, not disclosed such, refused to disqualify himself and thereby

    committed a fraud on the court. Plaintiff and defendant are both victims of this

    fraud on the court which has vitiated all case proceedings to date and voided all

    of Judge OBriens orders and judgments. He also violated Canon 4 D(1) of the

    Code of Judicial ethics by engaging in financial dealings with a person (L.A.

    County) who was likely to appear before the court on which he serves; Canon 3 E

    (2) by not disclosing the L.A. County payments; and 3E(1) and CCP Section

    170.1(a)(6)(A)(iii) by not disqualifying himself.

    Judge OBriens fraud on the court has caused the parties in this civil

    case and parties in the underlying family law case to remain in legal limbo. This

    case must be transferred to a judge who has not received payments from L.A.

    County, who can render objective decisions and relieve the parties of the nether-

    land caused by the illegal L.A. County payments to Judge OBrien and his fraud

    on the court. The case needs to be completed, finalized and legal certainty

    achieved to avoid further problems in the future for the parties who are the victims

    of fraud on the court and violations of the Canons of the Code of Judicial Ethics

    and the California Code of Civil Procedure.

    L.A. County is an interested party in this civil case because the county

    must protect the judicial partnership with the L.A. County Child Support Services

    Department which establishes, modifies, and enforces financial and medical

  • 8/2/2019 Void Orders Obrien II 3

    3/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN3

    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

    DennisEttlin,

    InPropria

    Persona

    support obligation for children, enforces existing spousal support orders.... as

    required under Federal and State law. It is a collaborative partner with the

    Superior Court. It receives federal and state Title IV-D funding as a percentage of

    the amount expended by the department with floor and incentive for collections,under Title 42, Chapter 7, Subchapter IV, Part D, Section 655 and Section 658(a).

    Judge OBrien did not receive any retroactive immunity for presiding over

    cases such as the present one in which L.A. County had an interest and in which

    neither he nor L.A. County disclosed the L.A. County payments and in which he

    did not disqualify himself.

    LOCKYER-ISENBERG IS UNCONSTITUTIONAL

    The half-truth presented in Defendants pleadings that Lockyer-Isenberg

    authorizes payments denies the key ruling of both Sturgeon decisions; namely that

    Lockyer-Isenberg improperly prescribes those payments. Thus the whole of

    Lockyer-Isenberg is unconstitutional.

    DEFENDANTS ARE INDIVIDUALS WITHOUT JUDICIAL IMMUNITY

    Judge Strauss of San Diego Superior Court determined, in case 37-2011-

    00093476-CU-CR-CTL, that the Defendant Thomas Trent Lewis, sued as an

    individual (not a Judge), was not exempt from paying fees under Government Code

    section 6103. The court did not hear Lewiss motion for clarification as the fees were

    already paid at the time the motion was filed. Defendants payment of those fees

    acknowledged his acceptance of the Courts determination of Defendant as an

    individual. No alleged administrative action for return of those fees changes JudgeStrausss actions and denial of the motion for clarification.

    Furthermore, by not filing the Demurrer immediately in San Diego, Lewis

    accepted the courts jurisdiction to treat him as an individual.

  • 8/2/2019 Void Orders Obrien II 3

    4/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN4

    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

    DennisEttlin,

    InPropria

    Persona

    In the instant case, Judge OBriens October 12, 2011 orders upholding the

    demurrer were based solely on Defendant Veaseys representation of the complaint

    as erroneously sued and served against a judge. Neither Defendant not Judge

    OBrien addressed the actual complaint (YC064994) against the actual Defendant,an individual.

    SBX2 11 RETROACTIVE IMMUNITY

    The very idea of "retroactive immunity" ... is so radical, so repugnant to the

    most basic principles of the "rule of law," and so profoundly offensive that Sen.

    Robert Kennedy (who had been the Attorney General when, prior to 1965, the

    banks broke the law with their mergers), as well as then-Attorney General Nicholas

    Katzenbach, together engaged in extraordinary efforts to try to put a stop to this

    Congressional travesty. Congress in 1965 attempted to enact a law retroactively

    legalizing the mergers by six large banks, which clearly -- as a federal court found -

    - were illegal under our nation's antitrust laws.

    The banks knew at the time they were violating anti-trust laws, did it

    anyway, and dared the people to act. When courts began ruling that their behavior

    was illegal, the banks ran to Congress for a law granting them amnesty, claiming

    that the consequences would be ruinous if they were held accountable under the

    law.

    Likewise, after the Fourth Appellate Court, in SturgeonI, with an unlikely

    twinge of conscience, held the judicial payments were unconstitutional; the

    Administrative Office of the Courts knew the consequences were huge if they were

    held accountable under the law and then together with the California JudgesAssociated they co-sponsored and scared the legislature into passing, under the

    cover of darkness, the hasty and flawed SBX2 11 with retroactive immunity.

    Judge OBrien did not receive any retroactive immunity for presiding over

    cases such as the present one because L.A. County had an interest and because

  • 8/2/2019 Void Orders Obrien II 3

    5/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN5

    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

    DennisEttlin,

    InPropria

    Persona

    neither he nor L.A. County disclosed the L.A. County payments and in which he

    did not disqualify himself.

    SBX2 11 IS UNCONSTITUTIONAL

    Plaintiff asserts SBX2 11 is unconstitutional. In 2010, the California

    Commission on Judicial Performance also determined SBX2 11 to be

    unconstitutional. Thus, continued payments by the counties and courts are illegal, no

    retroactive immunity exists for Judges who accepted the bribes, and cases in which

    Los Angeles County was directly or indirectly a party become void.

    The unconstitutionality of judicial benefits is not new. In fact, it is a long

    simmering debate and intrusion by Judges, at least in Los Angeles County, into the

    labor-management relationship between the State and the Judges. In 1976 the

    Attorney General issued an opinion that health insurance benefits were

    unconstitutional;

    The Attorney General has issued an opinion that a statute permitting

    superior and municipal court judges to be covered under county health

    insurance programs is an unconstitutional delegation of legislative authority.

    59 Ops. Cal. Atty. Gen. 496 (1976). The constitutional provision at issue

    states:The Legislature shallprescribe compensation for judges of courts of

    record. Cal. Const. Art. VI, 19 (as amended in 1974; emphasis added).

    The Attorney General argues that, Because of the use of prescribe

    the Legislature cannot delegate the authority granted to it by Article VI, section

    19 of the Constitution. Any attempt to make such a delegation would be

    constitutionally invalid. 59 Ops. Cal. Atty. Gen. at 497. The Attorney General

    reasons that benefits such as health insurance are part of compensation, that the

    effect of the statute in question is to allow counties to determine this aspect of

    a judges compensation, and thus the statute is an unconstitutional delegation

    of legislative authority.

    In 1988 the County of Los Angeles, Office of the County Counsel, advised

    Frank Zolin, County Clerk/Executive Officer of the Superior Court that it would be

    permissible for the county to pay additional benefits for judges, although he

    acknowledged the Attorney General had opinions otherwise. He encouraged the

  • 8/2/2019 Void Orders Obrien II 3

    6/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN6

    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

    DennisEttlin,

    InPropria

    Persona

    court to dare the Attorney General to file suit.

    Leading up to the new legislation for Trial Court Unification, a memorandum

    was generated in 1995 that again laid out the law and updated the Attorney

    Generals opinion on the unconstitutionality of such county benefits. TheCommission staff memorandum then expressed a fear of the voters and went on to

    conclude that the legislature should take action and gamble on the validity of the

    delegation of authority.

    Although there is certainly a possibility that SB 162 will be held to be

    an invalid delegation of legislative authority ., a case can be made that this

    will not occur. The problems that would be created if it is held invalid are

    substantial. (emphasis added)

    (see Trial Court Unification: Delegation of Legislative Authority; California Law

    Revision Commission Staff Memorandum; Memorandum 95-77, Study J-1201;

    November 27, 1995)

    The SturgeonIdecision called the Legislatures bluffin the 1997 Lockyer-

    Isenberg Trial Court Funding Act. Now the substantial problems of unconstitutionality

    and bias accrued over the last 15 years must be made whole. SturgeonIwas no

    surprise or rogue ruling.

    Sturgeon v. County of Los Angeles, 167 Cal.App.4th 630 (2008) Rev. denied

    12/23/08, held that the L.A. County payments to L.A. Superior Court judges violated

    Article VI, Section 19 of the California Constitution because the 1997 Lockyer-

    Isenberg Trial Court Funding Act, while it DID authorize judicial benefits, it did NOT

    set any standards for exercising the delegated authority and THUS the authorization

    under Lockyer-Isenberg of judicial benefits payments by counties to Superior Court

    judges was an unconstitutional delegation of power.

    As of December 23, 2008 the judicial payments made by Los Angeles County

    became bribes. As of December 23, 2008 Judges lost all immunity for taking such

    payments. As of December 23, 2008 Government Code Sections 810 and 821.6

    were not applicable.

    After the SturgeonIdecision, the State legislature hastily passed and the

  • 8/2/2019 Void Orders Obrien II 3

    7/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN7

    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

    DennisEttlin,

    InPropria

    Persona

    Governor signed Senate Bill SBX2 11, which became effective 5/21/09. The judiciary

    and the legislature tried to do in two months what they failed to do in 30 years. It is no

    surprise that SBX2 11 is also unconstitutional.

    Senate Bill SBX2 11 attempted to give retroactive immunity such that nogovernmental entity, shall incur any liability or be subject to prosecution or

    disciplinary action because of benefits provided to a judge under the official action

    of a governmental entity prior to the effective date of this act on the ground that

    those benefits were not authorized under law. With that one line the Judicial

    Council attempted to replace the same one inch stack of Federal Authorities cited

    in Court Counsels Demurrer in the ETTLIN and COOPER cases and undoubtedly

    will be copied for Plaintiff LOCATELLI.

    While SBX2 11 attempted to give immunity for receiving the money which

    was not authorized under the law, Senate bill SBX2 11, Section 5, did not,

    however, give retroactive immunity to judges or temporary judges who had

    received the county payments and did not disclose such and presided over cases

    in which the county had an interest. It did not give immunity for being disqualified

    as a judge in the past, present or future. The Los Angeles County interest in the

    Plaintiffs family law case is the critical point avoided by Court Counsel and Kevin

    McCormick. Plaintiffs claims are firmly based on, and supported by evidence on,

    the Title IV-D monies received by Los Angeles County and the partnership of the

    Superior Court with the Title IV-D agencies.

    Senate bill SBX2 11 acknowledged both the criminality of the payment of

    judicial benefits by the counties to the judges and also the loss of immunity

    protections under current state and federal laws by attempting to give all parties tothe bribes limited retroactive immunity. The immunity in SBX2 11, Section 5,

    effective 5/21/09, is not part of California government codes. Most importantly, the

    attempted immunity is unconstitutional under the California Constitution, ARTICLE

    1, SECTION 9 that states A bill of attainder, ex post facto law, or law

  • 8/2/2019 Void Orders Obrien II 3

    8/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN8

    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

    DennisEttlin,

    InPropria

    Persona

    impairing the obligation of contracts may not be passed. Furthermore, the

    legislation conflicts with the constitutional responsibilities of the Commission on

    Judicial Performance (CJP). The extensive CJP analysis and arguments show the

    legislatures attempt to usurp constitutional powers and requests an opinion fromthe California Attorney General on the constitutionality of SBX2 11.

    The Fourth Appellate Courts decision in Sturgeon v. County of Los

    Angeles,__Cal App.4th___(4th Dist.,Div. 1) (2010), the so-called SturgeonII

    concluded on page 14:

    As the parties have recognized, SBX 211 both preserved the

    status quo ante Sturgeon Iand commenced a process by which the

    Legislature looks to adoption of a comprehensive judicial compensation

    scheme. As we have explained, this response to SturgeonImeets therequirements of the Constitution and is wholly sensible under the

    circumstances. The Legislature is uniquely competent to deal with the

    complex policy problem of establishing a judicial compensation scheme

    which both assures recruitment and retention of fully qualified judicial

    officers throughout the state while at the same time providing equity

    between judges in different parts of the state. By the same token our

    role in ensuring that the more general requirements of the

    Constitution have been met is, under our system of separate

    governmental powers, quite limited. (emphasis added)

    If SBX2 11 meets the requirements of the constitution as stated by the

    court, why would taxpayers challenge it? The Appellate Court makes it clear that

    their statement of constitutionality (which Court Counsel likes to use) only applies

    to the three issues raised by Sturgeon. They also feel quite limited in ensuring

    the Constitution is fully met and are not willing to fully address this issue. The

    Sturgeon case and SBX2 11 only address the payment of county judicial benefits.

    Plaintiffs civil action is undertaken, in part, as one of the citizen challenges

    encouraged by SturgeonII but, more importantly, to address the issue of bias, the

    non-disclosure of the payments, and the resulting fraud on the court that Sturgeon

    does not address.

    Since SturgeonIand SturgeonII both affirm that judicial payments are not

    a county responsibility, since the county is allowed (with conditions under SBX2

  • 8/2/2019 Void Orders Obrien II 3

    9/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN9

    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

    DennisEttlin,

    InPropria

    Persona

    11) to terminate or reduce all payments and since the county is clearly an

    interested party in all divorce and traffic cases; therefore the continued payments

    must be in the countys interests. Those county interests are the Title-IV-D

    incentives and huge reimbursements as well as the penalty assessments on traffictickets. Those county interests are the basis now for judicial recusal and void

    orders in most divorce and traffic cases.

    SBX2 11 deemed prior payments as criminal and in need of criminal

    immunity. The bill granted immunity for monies paid and received prior to July

    2009. This attempted ex post facto immunity is unconstitutional and furthermore

    did not and could not restore Plaintiffs Constitutional guarantees of due process

    and equal protection lost during the proceedings of Plaintiffs family law case.

    Senate bill SBX2 11 did not even attempt to give immunity for the biases

    inherent in the nature of a bribe. Commissioner Veasey, likewise, did not disclose the

    county payments and then presided over a case in which the L.A. County Child Support

    Services Department is a very interested party as it establishes financial ...support

    obligations for children, enforces existing spousal support orders... as required under

    federal and state law and is a collaborative partner with the Superior Court.

    The SturgeonIIdecision was decided on only three very narrow grounds. The

    relevant portions state:

    Shortly after we filed our opinion in Sturgeon Iand while the

    Legislature was in a special session, the Legislature passed and the

    Governor signed legislation which addressed the constitutional defect we

    identified in Sturgeon I. In particular, the legislation required that all counties

    continue to provide sitting judges with whatever benefits the counties had

    provided as of July 1, 2008. The Legislature permitted the counties to

    terminate this obligation, but not with respect to sitting judges and only after

    giving the Administrative Office of the Courts and any affected judges 180days' notice.

    On remand Sturgeon asserted the legislation was invalid on three

    grounds. He argued the legislation was outside the scope of the Governor's

    proclamation calling the special session, did not adequately prescribe

    benefits judges are to be provided, and in any event violated equal protection

    principles by continuing a statewide system of unequal judicial benefits. The

  • 8/2/2019 Void Orders Obrien II 3

    10/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN10

    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

    DennisEttlin,

    InPropria

    Persona

    trial court rejected these contentions and granted the county's motion for

    summary judgment.The legislation Sturgeon challenges, as enacted, implemented an

    interim response to the constitutional issues we addressed in Sturgeon I.Aswe shall explain, the legislation fell within the scope of the Governor's

    proclamation, adequately prescribed the benefits that must be provided tojudges and did not intrude upon any judge's right to equal protection of the

    laws. Accordingly, we affirm.

    But the disturbing portion of the decision is the final paragraph of the decision,

    which contradicts the above opening statement by stating that SBX2 11 is not a

    permanent response to the constitutional issues. How can a law be temporarily

    constitutional? It either is or is not constitutional. Again, the Fourth Appellate Court,

    acknowledges the contradiction, but this time refuses to again call the Legislatures

    bluff, and encourages these particular civil suits by stating:

    However, on its face SBX 211 is not a permanent response to

    either the constitutional issues we identified in Sturgeon Ior the

    difficult problem of adopting a compensation scheme that deals with

    varying economic circumstances in an equitable and efficient

    manner. Thus, we would be remiss in discharging our duties if we did

    not state that while the Legislature's interim response to Sturgeon I

    defeats the particular challenges asserted by Sturgeon in this

    litigation, that interim remedy, if not supplanted by the morecomprehensive response SBX 211 plainly contemplates, most likelywill give rise to further challenges by taxpayers or members of the

    bench themselves. As we noted at the outset, the issue of judicialcompensation is a state, not a county, responsibility. We are

    confident that the Legislature within a reasonable period of time willact to adopt a uniform statewide system of judicial compensation.

    The SBX2 11 Section 2 is unconstitutionally vague about the same terms and

    conditions as were in effect on that date. Since the Fourth Appellate Court is

    deferring to the taxpayers and judges, these civil cases will ask for jury decisions on

    whether the countys terms and conditions were defined anywhere and thus are

    arbitrary (and unconstitutional) or whether they were one year payments and thus

    terminated on June 30, 2009. Section 2 only identifies judges as recipients. No

  • 8/2/2019 Void Orders Obrien II 3

    11/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN11

    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

    DennisEttlin,

    InPropria

    Persona

    authority is provided to pay Court Counsel or Commissioners. The Commission on

    Judicial Performance (CJP) is also very interested in this matter and has requested

    an opinion from the Attorney General.

    The SBX2 11 Section 4 is unconstitutional because the Judicial Council is nowpaying judicial benefits to commissioners, Court Counsel and others, as will be

    determined at trial. (The payments in SBX2 11 Section 2 made by L.A. County to

    Commissioners are called warrants by the L.A. County Auditor because they are

    issued by L.A. County but funded by the Judicial Council.) The continued payments

    by the counties under Section 2 now makes these Judicial Council payments a

    continued obligation, which is prohibited by Section 4. The opinions of the CJP are

    that these payments are unconstitutional. The CJP has requested the Attorney

    Generals opinion in this matter because the judges are clearly biased. Again, since

    the Fourth Appellate Court is deferring to the taxpayers and judges, these civil cases

    will ask for jury decisions on whether the Superior Court payments obligated by the

    county payments are legal and constitutional.

    The SBX2 11 Section 5 immunity is unconstitutional, has not been

    challenged in the Appellate Court and preserved the status quo ante SturgeonI.

    The attempted immunity is unconstitutional under the California Constitution,

    ARTICLE 1, SECTION 9 states A bill of attainder, ex post facto law, or law

    impairing the obligation of contracts may not be passed. Furthermore, SBX2 11

    Section 5 legislation conflicts with the constitutional responsibilities of the

    Commission on Judicial Performance (CJP). The extensive CJP analysis and

    arguments shows the legislatures attempt to usurp constitutional powers and

    requests an opinion from the California Attorney General on the constitutionality ofSBX2 11. Again, since the Fourth Appellate Court refused to call the legislatures

    bluff a second time, and is now deferring to the taxpayers and judges themselves,

    Plaintiff will seek damages by filing civil suits asking for jury decisions on the

    constitutional questions of whether the judges have immunity from civil liability

  • 8/2/2019 Void Orders Obrien II 3

    12/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN12

    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

    DennisEttlin,

    InPropria

    Persona

    and if so whether the Plaintiff is due damages for the biases bought by the L.A.

    County bribes.

    LOS ANGELES COUNTY IS NOT A SOVEREIGN ENTITY

    Los Angeles County is not a sovereign entity; only the Federal Government

    and each of the 50 states are sovereign within the United States of America.

    Therefore, under Lockyer-Isenberg and under SBX2 11, Los Angeles Countys

    actual payments to a judge are no different than payments (hypothetically) by

    Plaintiff. Both are bribes.

    LOS ANGELES COUNTY IS AN INTERESTED PARTY

    Judge OBrien collected the judicial payments from 1989-1999. The stated

    purpose of Los Angeles County payments is to retain judges in Los Angeles

    County. The favorable disposition related to job location choice reasonably and

    easily carries over to a general pre-disposition toward Los Angeles County, its

    supervisors and its law enforcement officials in matters where the county has an

    interest.

    The favorable disposition purchased by the Los Angeles County judicial

    payments certainly extends to protecting a judicial colleague in this civil case as

    well as protecting the underlying stream of Title IV-D monies.

    The partnership of L.A. County and with the Los Angeles Superior court is

    clearly documented (in lead case YC064994) for all Family Law and Traffic Court

    cases. The L.A. County Payments are bribes as they influence Judges, in family

    law cases, to award unequal custody and thus by L.A. County Child SupportServices Department (CSSD) guidelines establish higher custody payments from

    noncustodial parents. The L.A. County Child Support Services Department

    establishes financial .... support obligations for children... as required under

    federal and state law and works as a collaborative Partner with the Superior

  • 8/2/2019 Void Orders Obrien II 3

    13/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN13

    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

    DennisEttlin,

    InPropria

    Persona

    Court. The payment of money by L.A. County, to the judge who rules on the

    amount of child support (which taken in the aggregate) directly determines the

    expenses of the L.A. County Child Support Services Department. The amount of

    those expenses then directly determines the amount of money that the L.A. CountyChild Support Services Department receives in Title IV-D federal and state funds.

    ($176 million received from Title IV-D compared to the small $3 million cost to L.A.

    County.) The annual $30 million cost of judicial benefits was cost effective for L.A.

    County at a ratio of 6:1 for just that one single program.

    The higher the number and monetary amount of support orders against

    non-custodial parents, the higher the expenses of the L.A. County Child Support

    Services Department, the higher the amount of Title IV-D federal and state funding.

    L.A. County has a direct interest in the judge setting the greatest number and the

    highest monetary child support orders. L.A. County is a real party in interest in

    every divorce case as it reaps a huge financial benefit.

    The payments by L.A. County to the judge in a divorce case have no

    purpose other than to influence the judges decision to create a non-custodial

    parent and a subsequent high child support order, which frequently requires use of

    federally funded enforcement resources.

    Commissioner Veaseys acceptance of the L.A. County bribes and her

    sitting on a case in which L.A. County is an interested party voids all her orders

    and judgments. Judge OBriens protection of Commissioner Veaseys failures to

    disclose the county payments to Plaintiff, also constitutes an extrinsic fraud on the

    court. All of Judge OBriens (case YC064994) and Commissioner Veaseys (case

    YD041085) orders are and will be void.

    EXTRINSIC FRAUD

    Extrinsic fraud is a basis for setting aside an earlier judgment. See U.S. v.

    Throckmorton 98 U.S. 61 (1878) since fraud on the court vitiates the entire

  • 8/2/2019 Void Orders Obrien II 3

    14/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN14

    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

    DennisEttlin,

    InPropria

    Persona

    case, all orders from that court or any subsequent court are void as none of the

    courts had subject matter jurisdiction. No court has the lawful authority to validate a

    void order. See Vallely v. Northern Fire and Marine Co., 254 U.S. 348 (1920) a

    void order is void at all times, cannot be made valid by any judge, nor does it gainvalidity by the passage of time.

    The U.S. Supreme Court has stated in the case ofOffutt v. United States,

    348 U.S. 11, 14 (1954): A judge receiving a bribe from an interested party over

    which he is presiding does not give the appearance of justice.

    In essence, by making all L.A. Superior Court judges eligible for the L.A.

    County payments, L.A. County has bought the L.A. Superior Court. The U.S.

    Supreme Court stated in the case ofCaperton v. A.T. Massey Coal Co., Inc., 566

    U.S. ___ (2009) at Slip Opinion page 16 in relevant part:

    ...... just as no man is allowed to judge his own cause,

    similar fears of bias can arise when, without the consent of theother parties, a man chooses a judge in his own cause.

    By making the payments available to every L.A. Superior Court judge, no

    party in a divorce case received a fair trial, as the judge was biased to rule to

    benefit the L.A. County Child Support Services Department over the interests of

    the parties to the case.

    Likewise, by making the payments available to every L.A. Superior Court

    judge as individuals, no party in a civil case decided by the Judges of the Superior

    Court can receive a fair trial, as the judge is biased to rule for any benefit to L.A.

    County over the interests of the other parties to the case.

    The data (see case filings) in the Judicial Council of California report titled,

    Historical Analysis of Disparities in Judicial Benefits, dated December 15, 2009, aswell as the Superior Court auditors data (see case filings) and the Los Angeles

    County auditors data (see case filings), combined with the 2010-2011 L.A. County

    proposed budget Trial Court Operations section (see case filings) show and

    demonstrate a clear pattern that L.A. County has bought the L.A. County

  • 8/2/2019 Void Orders Obrien II 3

    15/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN15

    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

    DennisEttlin,

    InPropria

    Persona

    Superior Court without the consent of the other party opposing them in any case.

    The L.A. County interest and partnership with the court is clearly

    documented for all Family Law cases (see case filings). Along with the payment

    information for Robert OBrien in the complaint, Plaintiff has serious doubts thatany Los Angeles County judge can be impartial during a jury trial on damages due

    to the biases inherent in the L.A. County bribes. Furthermore, since Los Angeles

    judges have failed to recuse themselves, the real and perceived biases constitute

    fraud on the court and the Los Angeles Plaintiffs COOPER and ETTLIN and San

    Diego Plaintiff LOCATELLI are all denied due process by denying them the right to

    an impartial tribunal. In Re Murchison, 349 U.S. 133, 136 (1955).

    FOURTH APPELLATE COURT CALLED FOR THESE CIVIL SUITS

    The Fourth Appellate Court deferred to this taxpayer challenge in its decision

    ofSturgeon v. County of Los Angeles,__Cal App.4th___(4th Dist.,Div. 1) (2010)

    (Sturgeon II).

    However, on its face SBX 211 is not a permanent response to

    the constitutional issues we identified in Sturgeon I[and] that

    interim remedy [SBX2 11], if not supplanted by the morecomprehensive response SBX 211 plainly contemplates, most

    likely will give rise to further challenges by taxpayers or members

    of the bench themselves. As we noted at the outset, the issue of

    judicial compensation is a state, not a county, responsibility.

    (emphasis added)

    Plaintiffs actions are a direct application of the guidance and

    expectation of the Fourth Appellate Court ruling.

    COURT COUNSEL IS BRIBED AND BIASED

    Payments to Court Counsel Brett Bianco are similarly unconstitutional and

    illegal. His direction of the filings by Kevin McCormick of Benton, Orr, Duval and

  • 8/2/2019 Void Orders Obrien II 3

    16/18

    NOTICE OF VOID ORDERS BY JUDGE OBRIEN16

    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

    DennisEttlin,

    InPropria

    Persona

    Buckingham are an expenditure of public funds on behalf of individuals. Those, too,

    are illegal expenditures.

    JUDGE ROBERT OBRIEN REFUSED TO RECUSE HIMSELF

    Judge OBrien received Los Angeles County payments from 1989-1999.

    Based on his refusal to recuse himself all his orders and judgments are void under

    the U.S. Supreme Court precedents ofThrockmorton, supra and Vallely, supra.

    Dated: March 12, 2012

    Respectfully Submitted ______________________________________

    DENNIS M. ETTLIN, In Pro Per

  • 8/2/2019 Void Orders Obrien II 3

    17/18

    PROOF OF SERVICE BY FIRST-CLASS MAIL --CIVIL

    PROOF OF SERVICE

    STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

    111 N. Hill Street, Dept 59Los Angeles, CA 90012

    Central District - Stanley Mosk Courthouse

    YC064994, lead casePETITIONER/PLAINTIFF: Dennis EttlinRESPONDENT/DEFENDANT: Glenda Veasey, an individual

    I am over 18 years of age and not a party to this action. I am a resident of oremployed in the county where the mailing took place. My residence or businessaddress is

    2608 E. Victoria St. #108Rancho Dominguez, CA 90220

    On March 12, 2012,I served by first class mail, a copy of the following document

    NOTICE OF VOID ORDERS AND JUDGMENTS BY JUDGE OBRIENBASED UPON HIS FRAUD ON THE COURT FOR NOT DISCLOSING ILLEGALPAYMENTS FROM LOS ANGELES COUNTY

    on the interested parties in this action (SEE ATTACHED SERVICE LIST) byenclosing a copy thereof in an envelope and depositing the sealed envelope with

    the United States Postal Service with the postage fully prepaid at RANCHODOMINGUEZ, CALIFORNIA

    I declare under penalty of perjury under the laws of the State of California that theforegoing is true and correct.

    Executed on March 12, 2012 at Los Angeles County, California,

    ________________________________FRED SOTTILE

  • 8/2/2019 Void Orders Obrien II 3

    18/18

    PROOF OF SERVICE BY FIRST-CLASS MAIL --CIVIL

    SERVICE LIST

    Defendant:

    Kevin M. McCormickBenton, Orr, Duval and Buckingham39 North California Street, Post Office Box 1178Ventura, California 93002