Superior and Appeals Court Fraud in Motion to Dismiss
As for the Appeals Court, the appeals court bases it’s decision to dismiss al-Hakim’s appeal entirely on CSAA’s contention that al-Hakim had failed and refused to comply with an unserved discovery request that was unopposed and as such should have their unserved motion to dismiss granted!
Defendants obtained this order from Commissioner Rausch as the product of fraud and deceit when again defendants got an UNOPPOSED order as al-Hakim was NEVER served any interrogatories and requests for the production of documents BUT Brand granted the Motion of al-Hakim to vacate and set aside the related order on MOTION NO. 3. of 4/16/18. (Filed 9/14/18)
Nor did defendants serve a motion to dismiss the appeal by CSAA, nor did al-Hakim receive any filing notice of any type from the Appeals Court of any motion to dismiss by CSAA.
MOTION NO. 3. (see 2/25/19 Brand Challenge at ¶¶ 18, Page 34-35)
Even though Brand set aside the order, his ruling is willfully blind, bias, prejudice, shrouded in fraud as he attempts to ignore the existence of the Fraud, Deception, Misrepresentation and Bad Faith Conduct of Defendants. Here Brand was presented with evidence of defendants sworn statements that clearly establish their fraud of al-Hakim, Extrinsic fraud upon the court, the People of the State of California by not having served the alleged documents, yet in his order he advocated a judicial imprimatur of the defense’s theory and demands “within 21 days of service of this order, Al-Hakim must produce responses to interrogatories (set one) and requests for the production of documents (set one). The responses must be without objection and must be verified” He totally disregards the fact that al-Hakim WAS NEVER SERVED, thus CAN NOT RESPOND!!
THIS ORDER WAS TAKEN OUT OF SHEER FRAUD AND DECIT BY CSAA FILING WITHOUT SERVING THE MOTIONS ON al-HAKIM.
al-Hakim has expressed repeatedly to the courts that he was NEVER served any motion to dismiss by CSAA, nor any motion to compel discovery by CSAA, and this is clearly a well established patterned litigation practice employed by them and al-Hakim has brought this fact to the attention of the courts many, many times before as well as CSAA historically NEVER has any supporting proof of service that is legally and properly executed, is always unsigned so that they are NOT under the penalty of perjury. The orders are the unsavory product of CSAA’s unscrupulous, immoral fraud and that immorality has been drastically redefined in recent times, arguably the boundaries of what is judicially acceptable remain publicly policed!
The Court of Appeal abuse its discretion and improperly prejudice al-Hakim when it dismissed his appeal given that Justice Barbara J.R. Jones July 16, 2018 order EVADES THE ENTIRE GRAVAMEN OF al-HAKIM’S ARGUMENT, THE FACT THAT al-HAKIM WAS NEVER SERVED THE MOTION TO DISMISS BY DEFENDANTS AND NEVER RECEIVED ANY NOTICE FROM HER APPEALS COURT OF ANY SUCH ACTION AND HER APPEALS COURT HAVE NO RECORD OF EVER SENDING ANY NOTICE OF ANY TYPE TO al-HAKIM REGARDING THE MOTION TO DISMISS!
So how is it possible that the Appeals Court would be silent, not providing ANY proof of their having EVER served ANY notice of any kind of their receiving the motion to dismiss, NOTHING served on me even remotely noticing the motion, no briefing schedule, no schedule of motion practice and this clearly should have been the practice of the courts as it has before with Anne Reasoner, Vira Pons and Truefiling. al-Hakim NEVER received any email, or U. S. postal mail from Anne Reasoner, Vira Pons or the appeals court nor any electronic service from TrueFiling as he usually would.
The matters of the courts failure and refusal to serve ANY notice of ANY type regarding as serious a matter as a dismissal of an action against the obvious corruption of a judge or judges combined with the failure and refusal of the reviewing judge smacks of blatant GRAND CORRUPTION of ALL INVOLVED, ESPECIALLY AND INCLUDING THOSE THAT COVER IT UP COMMITTING AN EVEN GREATER CRIME!!!
Alameda Superior Court and Appeals Corruption
Judge Brands ruling granting the motion to vacate and set aside the order granting defendants motion to compel interrogatories and sanctions due to NON SERVICE.
On October 12, 2018, the Appeals Court sent a reply that merely mentions that the defendants had submitted a proof of service dated June 22, 2018, that was allegedly served via mail and electronically to two different email addresses, 1) one that CSAA has admitted to the courts that has been blocked from sending email to for years due to his giving that email address to a commercial business without al-Hakim’s knowledge or approval and 2) the other email address he knows is not al-Hakim. There NEVER was any U.S. mail nor personal service of any documents.
In several documents filed with the courts, Attorney John Bradley sworn under the penalty of perjury in a November 29, 2017 letter to al-Hakim that he will neither serve nor accept service via email and has not done so!
At the November 22, 2017 hearing, Bradley could not and did not produce a valid, properly executed proof of service which is why his deputy counsel Colwell could not enforce his unserved motion for the issuance of an order to show cause re: sale of dwelling.
Secondly, al-Hakim notified Bradley by letter, fax and email on December 4, 2017, that Bradley’s email was blocked due to his giving that email address to a commercial business without al-Hakim’s knowledge or approval. This notice was given months, nearly a year before Bradley claims that it was problematic and he fails to explain how al-Hakim has problems with receiving mail at his home because Bradley alleges that “he does NOT live there and is not there everyday”. al-Hakim does NOT deliver the mail to his home and in no way would be involved nor responsible for that task!
NOW THE ENTIRE UNDERPINNINGS OF JUDGE JONES DECISION TO DISMISS al-HAKIM’S APPEAL HAVE VANISHED except the remaining Court Administration Grand, Systemic and Endemic Corruption; Conduct To Pervert or Obstruct Justice, or the Due Administration of the Laws (Pen.Code, §§ 182, subd. (a)(1), 4570) 1 and Conspiracy to Pervert or Obstruct Justice (§ 182, subd. (a)(5)); Fraud Upon The Court; Manipulation; Cause Due to Criminal Conduct In Violation of The Law!
The Appeals court, Judge Barbara Jones and the court clerks are blocking and providing interference for judge Kim Colwell to make her “end run” and complete her fraud and corruption in her Order for sale of al-Hakim’s Dwelling BEFORE the Motion to Vacate the Order, which was uncontested by defendants, was to be heard and has been continued by the court under an illegal Appeals stay since February 2018.
al-Hakim’s Motion to Vacate the Order granting the sale of plaintiff home is NOT an appealable order and is NOT subject to the automatic stay pending appeals, just as the defendants motion for sale of the dwelling with an undertaking is NOT subject to the automatic stay, which Colwell ruled the sale of dwelling could and did go forward, yet she has continued to delay the resolution to plaintiff’s motion to vacate that was uncontested by defendants! This would reverse the ruling made by Judge Colwell for the sale of the Dwelling!!!
For eight months Colwell had been begging the Appeals court to expedite the Remitter in the motion to dismiss so she can quickly rule on the motion to vacate with a denial!
For the Appeals Court to deny such a serious motion when the appeals court was willfully and intentionally derelict in their NON-SERVICE of ANY notices to al-Hakim and CSAA obvious fraud, there is NO place for this in modern society much less in a courtroom before the people! It is even more enlightening in respects to the calumny deceit and denial of due process employed in it, that al-Hakim have complained of for years. This order in response to al-Hakim’s actions of merely invoking his rights to petition the courts was the very epitome of specious retaliation and heinous denial of due process FORCED on al-Hakim by defendants.
On March 18, 2019, January 10 and 7, 2019 and November 7, 2018, filed and served complaints with Chief Justice Cantil-Sakauye and Associate Justices of the Court, Beth Robbins, and Charles Johnson requesting an investigation of and urging both the Supreme Court and Court of Appeal to grant review of the Court of Appeal’s decision in al-HAKIM VS CSAA- Wellpoint (2018) California Appeals Court Case# 153510, and now California Supreme Court Case# S-250997. Order from the Appeals Court dated July 16, 2018
al-Hakim has received NO response from the State Supreme nor Appeals Courts and their response and the admissions of the facts, evidence, testimony, and proof from their findings of what happened in this incident has a drastic effect on this case as it will NOT “go away” merely because you chose to ignore it! We DEMAND ANSWERS TO THIS CONTINUING CRIME!
Defendants “appeal covers more than just a failure to comply with a court order. It includes obstructive tactics and frustration or obstruction of legitimate efforts to enforce a judgment.” as again al-Hakim was NEVER served any motion to dismiss by CSAA, any filing notice of any type from the Appeals Court of any motion to dismiss by CSAA, no briefing schedule, no schedule of motion practice, and this clearly should have been the practice of the courts as it has before with Anne Reasoner and Truefiling. al-Hakim NEVER received any email, or U. S. postal mail from Reasoner or the appeals court nor any electronic service from TrueFiling, which is the norm, and there is NO RECORD of any type that any of them sent any notice of any type to al-Hakim!
These matters are currently being investigated.
Oakland City Attorney Gives Case File To Defendants Stephan Barber and Law Firm Ropers Majeski, Doesn’t Tell Court or Plaintiffs!
Non-Service of Process Tactic
This tactic employed by the courts and defendants of failing to serve documents on al-Hakim is a major part of the litigation scheme carried out solely for the purpose of espousing defendants vitriol of Trump-esq hate induced 20 year strategy of FRAUD, DECIET, RACISM, RELIGIOUS BIGOTRY, AND INTOLERANCE, PREJUDICE, stirring the animus of the court to provoke acrimony toward al-Hakim, fostering calumny deceit within the judicial and legal community, knowingly using fraudulent, misleading, false and larcenous documentation provided by Defendants attempting to foist upon plaintiff and the courts the imprimatur of substantiating documentary evidence in denial of al-Hakim’s civil rights and immunity from takings of property without due process is a gross abuse of discretion in violation of the law is objectively unreasonable and was undertaken intentionally with malice, willfulness, and reckless indifference to the rights of al-Hakim in lieu of proper litigation.
Brand’s order has merely substantiated the evidence of the continuing Superior Court Administration Grand, Systemic and Endemic Corruption; Conduct To Pervert or Obstruct Justice, or the Due Administration of the Laws (Pen.Code, §§ 182, subd. (a)(1), 4570) 1 and Conspiracy to Pervert or Obstruct Justice (§ 182, subd. (a)(5)); Fraud Upon The Court; and Manipulation.
These efforts of CSAA is tantamount to a scheme to hinder, deny and defraud al-Hakim in violation of the laws above and can qualify as a Hate Crime under the Unruh and Ralph Civil Rights and the Bane Acts, while they are clear acts of religious bigotry and intolerance for which al-Hakim will not allow.