Plaintiffs Name:
Clive Boustred
210 Suncrest Dr.
Soquel, CA 95073
(831) 476-4300
SANTA CRUZ SUPERIOR COURTThe People of the State of California
PLAINTIFF/S,
v.
Irwin H. Joseph / IRWIN H. JOSEPH
DEFENDANT. / CASE # ______
REPUBLIC OF CALIFORNIA GRAND JURY INDICTMENT//PRESENTMENT;
VERIFIED CRIMINAL COMPLAINT AND ACTION AND INFORMATION IN THE NATURE OF QUO WARRANTO;
ACTION AT LAW TRIAL BY JURY ONLY.
We the below signatory People, being Constitutionally “Qualified Electors”, do here-by bring forth this REPUBLIC OF CALIFORNIA GRAND JURY INDICTMENT//PRESENTMENT and VERIFIED CRIMINAL COMPLAINT AND ACTION AND INFORMATION IN THE NATURE OF QUO WARRANTO, ACTION AT LAW TRIAL BY JURY ONLY, in good faith; and pursuant to PENAL CODE PC § 951, and in the best interests of and on behalf of our larger body-politics of “We the People”.
PARTIES TO THE CASE:
PLAINTIFFS:
1. The People of The State of California
DEFENDANT:
1. Irwin H. Joseph / IRWIN H. JOSEPH (In personal and official capacity as a Commissioner of the Santa Cruz Superior Court)
JURISDICTION
This court is of proper jurisdiction as the charged criminal acts occurred in this court’s district and jurisdiction.
AFFIDAVIT OF BIAS
Due Process and Rules of Court dictate and demand impartial decision makers for all matters brought before the Court. Any judge or Commissioner is a colleague of DEFENDANT. Jurisdiction therefore does not extend toward Judges, Commissioners or Officers of the Court and pursuant to the dictates of the Rules of Court, Due Process and Article III Section 2 of the Constitution for the United States of America, all matters in this case both regarding fact and law may only be decided by Jury “The Trial of all Crimes,.. shall be by Jury”. Jury Power is the only decision-making power for both law and fact in this case.
PLAINTIFF/S do solemnly sincerely and truly declare and allege and believe that Judges, Commissioners and Officers of the Court as colleagues of DEFENDANT have reason for and are biased against PLAINTIFF/S.
REPUBLIC OF CALIFORNIA GRAND JURY INDICTMENT/PRESENTMENT.
A TRUE BILL
The people of the State of California against Irwin H. Joseph / IRWIN H. JOSEPH, In the superior court of the State of California, in and for the County of Santa Cruz. The grand jury of the county of Santa Cruz hereby accuses Irwin H. Joseph / IRWIN H. JOSEPH of the felonies (or misdemeanors), to wit as listed in the COUNTS herein in that on or about the days listed in the COUNTS herein, in the county of Santa Cruz, State of California, he committed the crimes listed in the COUNTS herein.
We the People of the Grand Jury of the Republic of California find probable cause exists to indict the above named Defendant/s for the Charges/Counts herein.
SIGNATURES:
Grand Jury Foreman:______DATE:______
NAME:______
Grand Juror 1:______DATE:______
NAME:______
Grand Juror 2:______DATE:______
NAME:______
Grand Juror 3:______DATE:______
NAME:______
Grand Juror 4:______DATE:______
NAME:______
Grand Juror 5:______DATE:______
NAME:______
Grand Juror 6:______DATE:______
NAME:______
Grand Juror 7:______DATE:______
NAME:______
Grand Juror 8:______DATE:______
NAME:______
Grand Juror 9:______DATE:______
NAME:______
Grand Juror 10:______DATE:______
NAME:______
Grand Juror 11:______DATE:______
NAME:______
Grand Juror 12:______DATE:______
NAME:______
Grand Juror 13:______DATE:______
NAME:______
Grand Juror 14:______DATE:______
NAME:______
Grand Juror 15:______DATE:______
NAME:______
Grand Juror 16:______DATE:______
NAME:______
Grand Juror 17:______DATE:______
NAME:______
Grand Juror 18:______DATE:______
NAME:______
Grand Juror 19:______DATE:______
NAME:______
Grand Juror 20:______DATE:______
NAME:______
Grand Juror 21:______DATE:______
NAME:______
Grand Juror 22:______DATE:______
NAME:______
Grand Juror 23:______DATE:______
NAME:______
VERIFIED CRIMINAL COMPLAINT AND ACTION AND INFORMATION IN THE NATURE OF QUO WARRANTO
COUNT One OBSTRUCTION OF JUSTICE - VIOLATION OF PC § 96.5. (a)
On or about August 27, 2008 in the above named Judicial District, the crime of COUNT TWO OBSTRUCTION OF JUSTICE, in violation of PENAL CODE Section 96.5 (a), a misdemeanor, was committed by Irwin H. Joseph/IRWIN H. JOSEPH, who did by implied actions or willfully and unlawfully OBSTRUCT JUSTICE.
96.5. (a) Every judicial officer, court commissioner, or referee who commits any act that he or she knows perverts or obstructs justice, is guilty of a public offense punishable by imprisonment in a county jail for not more than one year.
(b) Nothing in this section prohibits prosecution under paragraph (5) of subdivision (a) of Section 182 of the Penal Code or any other law.
98. Every officer convicted of any crime defined in this Chapter, in addition to the punishment prescribed, forfeits his office and is forever disqualified from holding any office in this State.
COUNT Two TREASON - EXCESS OF JURISDICTION IN VIOLATION OF 18 U.S.C. § 1.
On or about August 27, 2008, in the above named Judicial District, the crime of TREASON, in violation of 18 U.S.C. Section 1, a Felony, was committed by Irwin H. Joseph/IRWIN H. JOSEPH, who did unlawfully attempt by means of threats and violence to assume jurisdiction over Clive Frank Boustred. Defendant did knowingly and intentionally commit said crime.
18 U.S.C. Section 1. “Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason.” U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 .Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821)
COUNT Three CONSPIRACY (PC § 182 (a)(1); (2); (3); (4) & (5)
On or about August 27, 2008 in the above named Judicial District, the crime of CONSPIRACY, in violation of PENAL CODE Sections (PC § 182 (a)(1); (2); (3); (4) & (5), a felony, was committed by Irwin H. Joseph/IRWIN H. JOSEPH, who did by implied actions or willfully and unlawfully commit CONSPIRACY against Clive Boustred. Said actions by conspirators make up concerted CONSPIRACY against Clive Boustred which reached common objectives and thus infers said agreement by Irwin H. Joseph/IRWIN H. JOSEPH to commit CONSPIRACY. Irwin H. Joseph/IRWIN H. JOSEPH was fully aware that his concerted actions would cause damage to Clive Boustred. Overt and blatant criminal acts were intentionally undertaken by Irwin H. Joseph/IRWIN H. JOSEPH as a concerted part of the multiplicity of CONSPIRACY to commit crimes against Clive Boustred.
182. (a) If two or more persons conspire:
(1) To commit any crime.
(2) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime.
(3) Falsely to move or maintain any suit, action, or proceeding.
(4) To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform those promises.
(5) To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws.
NOTICE & DEMAND FOR TRIAL BY JURY
PLAINTIFFS Notice and Demand Trial By Jury in accordance with the United States Constitutional Guarantees in the Eleventh Amendment which prohibits Judicial Power and the Sixth and Seventh Amendments which entitle Trial By Jury.
“The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury” – Article 3, Section 2
- 6th Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
- 7th Amendment: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
- 11th Amendment: The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
VERIFICATION
I, PLAINTIFF/S, am a Party in the above-entitled action. I/We have read the foregoing Document(s), Affidavit(s), Declaration(s), and/or Materials, Id., including referenced and/or attached documents, and/or duplicates of such documents and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Santa Cruz County, California in the year two thousand and eight. Date: ______Signature:______
NAME: Clive Frank Boustred
PLAINTIFF, representing Plaintiffs “We the People”,
In Propria Persona Sui Juris, Without Prejudice
Plaintiffs Name:
Clive Boustred
210 Suncrest Dr.
Soquel, CA 95073
(831) 476-4300
SANTA CRUZ SUPERIOR COURT
The People of the State of CaliforniaPLAINTIFFS,
v.
Irwin H. Joseph / IRWIN H. JOSEPH DEFENDANT. / No.______– Trial By Jury
PROOF OF SERVICE
State of California, Santa Cruz County,
1. I am over the age of eighteen and not a party to the above-entitled action, my address in the United States is ______
2. I served the “REPUBLIC OF CALIFORNIA GRAND JURY INDICTMENT//PRESENTMENT; VERIFIED CRIMINAL COMPLAINT; ACTION AND INFORMATION IN THE NATURE OF QUO WARRANTO; ACTION AT LAW TRIAL BY JURY ONLY.” by enclosing a true copy in a sealed envelope addressed to each person whose name and address is shown below and depositing the envelope in the United States mail with the postage fully prepaid.
(1) Date of mailing: ______
(2) Place of Mailing: ______
3. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Signature:______Date:______
Persons Served:
- Name of person served: Irwin H. Joseph / IRWIN H. JOSEPH
Address: 701 Ocean St. Santa Cruz, CA 95060
- Presiding Judge of Santa Cruz Superior Court
Address: 701 Ocean St. Santa Cruz, CA 95060
- District Attorney County of Santa Cruz
Address: 701 Ocean St. Santa Cruz, CA 95060
REPUBLIC OF CALIFORNIA GRAND JURY INDICTMENT//PRESENTMENT; VERIFIED CRIMINAL COMPLAINT AND ACTION AND INFORMATION IN THE NATURE OF QUO WARRANTO; ACTION AT LAW TRIAL BY JURY ONLY. - Page 9 of 10