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Oakland, CA 94605
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SUPERIOR COURT OF CALIFORNIA
COUNTY OF ALAMEDA
Joette al-Hakim-Hall, Alameda County
District Attorney Nancy O’Malley, Alameda County Director of Child Support Services Matthew Brega, Kamala Harris, Attorney General of State of California and Does 1 through 100, inclusively,
Defendant’s Reply Declaration in Support of Motion for Review of License Denial
Date: July 21, 2014
Time: 9:00 a.m.
Location: Hayward Hall of Justice
Hearing Date: July 21, 2014
I, Abdul-Jalil al- Hakim, declare:
1. I am the Defendant herein and if called as a witness, I would and could competently testify to the following facts, all of which are within my personal knowledge, except as to those matters based upon information and belief, and on that basis, allege them to be true and correct.
2. That I am self employed for over 40 years and my driving privilege is basic and essential to my profession, for the economic survival of my family, and our joint pursuit of happiness.
3. On June 12, 2014 I filed a Motion for Review of License Denial. On June 23, 2014 that Motion complete with Declaration, Points and Authorities, and Judicial Notice was served on the Parties via personal service, fax, U. S. mail and email. It was also served on Superior Court Judges Winifred Smith, C. Don Clay, Stephen Pulido, U. S. Attorney Director- No. District Melinda Haag, U. S. Chief District Judge Claudia Wilken, Superior Court Commissioner Boydine Hall, and County Supervisor Keith Carson.
4. As of July 10, 2014 ALL THE PARTIES HAVE FAILED AND REFUSED TO RESPOND TO THE MOTION as there has been no communication from ANY of the Parties.
5. The EVIDENCE, FACTS and TRUTH in this case are uncontested and irrefutable.
6. In June 1993 Defendant Abdul-Jalil aI-Hakim was ordered to pay $350 per month as child support for his daughter Bari al-Hakim to the mother, Joette Hall(FSD # 044308A) in the above entitled matter. Of this amount $250 represented current support and $100 was for payment of accrued arrears. At the same time I was ordered to pay $100 per month toward arrears to Patty Flenory (FSD # 274454A) in the separate District Attorney enforcement action no. 511339.
7. In February, 1998 my child support obligation to Joette Hall ended because the daughter reached the age of 18 years old.
8. I have always denied owing arrears to Joette Hall and provided all of the receipts for payments made since 1992 (certain payments were made by my attorney at the time, Ed Bell, who did not receive receipts for these payments). The District Attorney acknowledged that there was a mistake. I attached a letter that was sent to me with copies sent to the mothers by District Attorney Tom Orloff apologizing for the error in the application of the funds and ascertaining these facts in October 19, 1999. They indicated that it would take up to six months to research the matter. Among the many responses that I have gotten from the District Attorney’s office is that “since this was a non-welfare case, the money has been paid out and there is nothing that the District Attorney could do” to get the money back”.
9. I had always made payments to the District Attorney, but adamantly refuse to pay the extortion and again renewed my objection to such action on behalf of the District Attorney and advised that I would not be liable for any miscalculations, partial payments, late payments, interest, or penalties as a result of their continued willful fraud in the misapplication of the funds I paid on that account, and dereliction on their behalf.
10. The District Attorney and DCSS has sought many, many ways and attempts to extort money from me to pay their fraudulent violation of the prevailing court order and their fiduciary responsibility to my then minor child with the outstanding order for payment of support.
11. I have made many, many reasonable and good faith attempts to resolve the matter with Department of Child Support Services (DCSS) ALLEGING to “represent” Plaintiffs and have realized that further efforts will probably be futile or unduly burdensome because Plaintiffs have failed and refused to properly respond in the past as recently as this motion.
12. The child support orders and their violation by the DA , AG and DCSS, which are the nexus in this case, was entered requiring al-Hakim to make his child support payments through the District Attorney’s office as the court trustee for the family with the fiduciary responsibility to comply with the court’s order, receipt for payment, and the proper disbursement pursuant thereto. al-Hakim and the DA agreed with this process because there were claims in the past of payments being made as gifts, as opposed to being truthful payments of child support that resulted in the arrearage that the court has awarded in another case that is now settled.
13. In spite of the courts orders for DCSS to compile the actual accounting of the complete proper application of the child support payments al-Hakim made pursuant the court orders of December 1992, February 5, 2007 complete with al-Hakim’s submitted documents and pleadings commensurate with the court orders for child support, DCSS’s own receipts in his possession and the law, DCSS refused to do as ordered! In defiance of the courts orders and effectuating their extortionate scheme, the DCSS continued to fail and refuse to properly apply the payments while placing 10 year holds and suspensions on al-Hakim’s drivers license with the California Department of Motor Vehicles with the intent of al-Hakim being arrested and harmed physically and financially; revoked his passport despite; illegally charging al-Hakim with the crime of violating the child support statute for nonpayment, reporting the alleged violation to multiple collection agencies and the State of California for Collection, illegally tossing al-Hakim into “debtors prison” ruining his credit; all this despite multiple court orders for their release and the accounts being current, in their attempt to force al-Hakim and Family to pay for the DCSS defrauding THEM!
14. THERE IS NO ARREARAGE IN THIS CASE.
15. I have and will suffer immediate and irreparable harm because my drivers license and passport travel privileges were suspended on October 29, 2006 and prior. It is terribly oppressive and inhumanely punitive that I can not work nor support my family in the manner in which we have all become dependent on because I am unable to lawfully drive while my license has been unjustly suspended.
16. The DA and DCSS admitted extrinsic fraud upon the court and The People of the State of California is the only thing left of these cases and must now be finally ended, including the illegal holds on al-Hakim’s drivers license and passport.. The family ask this court to grant this Motion to in Interest of Justice.
17. Due to the DA and DCSS admitted extrinsic fraud upon the court and The People of the State of California, as the only evidence they have or can produce is the product of their admitted fraud order the release of al-Hakim’s drivers license and passport, and grant sanctions of ALL cost including professional costs associated with this case.
18. The ripple effect of the suspension is: no drivers license (suspended), no insurance; no insurance, no registration. As a direct result of this continuing persecution of the Family with their fraud, al-Hakim was finally issued a traffic citation for driving with a suspended license, no proof of insurance and no current registration on October 10, 2013. The arresting officer called for back-up and a tow truck to impound the truck that was filled with food for a free food distribution that al-Hakim’s family charity was having that day. This truck is used in the 57 year old Family charity for free food distribution to the needy. He told al-Hakim of the child support suspension and upon al-Hakim showing him court documents showing the order for the release of the hold and explaining the situation, he cancelled the tow truck and released al-Hakim to go on to the food distribution. This citation is further proof of the product of their admitted fraud, which includes the illegal holds on al-Hakim’s drivers license and passport.
19. On May 1, 2014 Defendant sent a 3 page letter to the Honorable Winifred Smith- Presiding Judge, Superior Court of California, C. Don Clay- Supervising Judge, Stephen Pulido- Presiding Judge Family Law, Judge The Hon. Melinda Haag- Director- No. District U. S. Attorney’s Office, The Hon. Claudia Wilken-Chief District Judge U. S. District Court- No. Division, Kamala D. Harris- Attorney General of California, Mr. Brega, Nancy O’Malley and County Supervisor Keith Carson, regarding our food truck, 1990 Isuzu-TROOPER with license plate# 5XOK965, though properly parked, was towed from a street in Berkeley because of no current registration. It was impounded and towed to:
East Bay Tow, 1210 7th St., Berkeley, CA 94710, (510) 559-8500
The charges are $160 for the tow, $75 per day for storage, and the registration and violations must be cleared and current before it can be released to me with my current valid drivers license.
20. On June 26, 2014 Defendant filed and served a letter/notice that I would not waive my right to have this matter heard by Commissioner Boydine Hall and served that notice on the Parties via personal service, fax and email. It was also served on Superior Court Judges Winifred Smith, C. Don Clay, Stephen Pulido, U. S. Attorney Director- No. District Melinda Haag, U. S. Chief District Judge Claudia Wilken and County Supervisor Keith Carson.
21. I had spent a total of 15 hours at a reduced corporate rate of $250 per hour on the motions therein for the first litigation with professional fees of $3,750 (15 x $250.00 per hour), and costs of $145 (process service costs of $75.00, copy costs of $30.00 and filing fees of $40.00) for a total costs of $3,895. I previously paid Attorney Brent Kernan $870.00 for his services in 1999 in resolving these same issues that I sought to resolve a second time with the total cost to resolve that matter of $4,765.00, then spent well over 95 hours at a reduced corporate rate of $250 per hour on this litigation for a third time with professional fees of $23,750 (95 x $250.00 per hour), and costs of $145 (process service costs of $75.00, copy costs of $30.00 and filing fees of $40.00) for costs of $23,895 for the total cost to resolve this matter up to this filing of $24,620.00 for the previous actions, and will move this court for and the amount of fees, costs and sanctions according to proof for bringing this current action with sanctions and damages for the loss of income, pursuit of happiness, pain and suffering for the years of punitive depravation of my driving and traveling privileges.
22. That relief is imperative in this case in that I have suffered irreparable harm since my driving privilege was suspended when it is uncontested that I have complied with the orders and the account in question does not exist. Further, since I am forced to litigate this non-issue again I have needlessly incur thousands of dollars (including attorneys’ fees, professional fees and months of time in these legal proceeding) in a proceeding which will result in an award in favor of Defendant. I request the court:
- order the enforcement of the courts order of February 5, 2007 for the District Attorney’s fair and proper application and accounting of Defendant’s payments made in trust to the DA in their fiduciary capacity for the Hall account as per Defendant’s pleading, supported by Defendant’s submitted documents,
- officially close the Hall account with no arrearage owed;
- the D. A. is estopped from any attempt to collect any alleged arrearages, the D. A. pay the arrearages that they themselves caused, and the alleged delinquent child support payments expunged from al-Hakim’s records;
- the immediate reinstatement of al-Hakim’s driving privilege and passport with all references to his license being suspended and passport being revoked expunged from his records;
- awarding Attorney’s and Professional Fees, and Sanctions as the professional services of the company has spent well over 95 hours at a reduced corporate rate of $250 per hour on this litigation for professional fees of $23,750 (95 x $250.00 per hour), and costs of $145 (process service costs of $75.00, copy costs of $30.00 and filing fees of $40.00) for current costs of $23,895. Appellant previously paid Attorney Brent Kernan $870.00 for his services in 1999 for the total cost to resolve this matter is $24,620.00 for the previous actions; and the amount of fees, costs and sanctions according to proof for bringing this current action Plaintiff’s counsel to pay appropriate sanctions to Defendant pursuant to CCP §2023(a)(9) in the total amount of $_______________;
- sanctions and damages for the loss of income, pursuit of happiness, pain and suffering for the years of punitive depravation of plaintiff’s driving and traveling privileges;
- return to al-Hakim $2400 in overpayments made to the then minor al-Hakim-Hall child; and
- the reversal of all vehicle registration violations and payment of East Bay Tow charges of $160 for the tow, $75 per day for storage;
- the immediate correction of al-Hakim’s credit status and all references to child support payments expunged from his records with sanctions and damages for illegally charging al-Hakim with the crime of violating the child support statute for nonpayment, reporting the alleged violation to multiple collection agencies and the State of California for Collection, illegally tossing al-Hakim into “debtors prison” ruining his credit; and
- this Court remands this case to the Civil Court trial level to continue further trial proceedings consistent with the requested decision and order for former and current Alameda County District Attorney Tom Orloff and Nancy O’Malley, former and current Director of Alameda County Child Support Services Maureen Lenahan and Matthew Brega, former and current Attorney General of State of California Jerry Brown and Kamala Harris, their staff’s, agents and contractors face charges for committing Extrinsic Fraud Upon the Court, Prosecutorial Misconduct, Willful and Malicious Prosecution, Conflict of Interest, Obstruction of Justice, Denial of Due Process, Willful and Intentional Fabrication and Authoring False Evidence; Misrepresentation and Concealment of Material Facts, among others, as demanded.
23. That I am not an attorney and I am not currently represented by counsel. I am unfamiliar with judicial procedure, unable to conduct depositions, answer pleadings, file oppositions and the necessary motions to competently litigate this case so that it can be decided on it’s merits and not my inability to serve as an attorney.
I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed this 10th day of July, 2014.