Requesting Results of Supreme Court Investigation of California Appeals Court Action

TO:
Chief Justice Tani Cantil-Sakauye            Beth Robbins
Supreme Court of California                     Charles Johnson
350 McAllister Street, Room 1295           Deputy Clerk
San Francisco, CA 94102-4797               First District Court of Appeal
Fax: 415-865-4205, 415-865-7181,       350 McAllister Street
415-865-4391, 415-865-4586                San Francisco CA 94102
Tani.Cantil-Sakauye@jud.ca.gov              Fax: 415-865-7309, 415-865-7209
Beth.Robbins@jud.ca.gov, Charles.Johnson@jud.ca.gov

Faxed and Emailed
FROM: Abdul-Jalil al-Hakim
DATE: January 7, 2019 
NO PAGES: 5
RE: Appellant al-Hakim’s Letter Requesting Results from Supreme Court Investigation of the Court of Appeal’s Action in, al-HAKIM VS CSAA- Wellpoint, Alameda County Superior Court Case: #C811337, California Appeals Court Case# 153640, California Supreme Court Case# S-250997.

“JUDGE NOT LEAST YE BE JUDGED!!”
“Judge not, that ye be not judged.
For with what judgment ye judge, ye shall be judged: and with what measure ye mete, it shall be measured to you again.
And why beholdest thou the mote that is in thy brother’s eye, but considerest not the beam that is in thine own eye?” 
Matthew 7:1-3 “The Mote and the Beam is a parable of Jesus given in the Sermon on the Mount in the Gospel of Matthew”

Dear Chief Justice Cantil-Sakauye and Associate Justices of the Court, Beth Robbins, and Charles Johnson: 

On November 7, 2018, Pursuant to Rule 28(g) of the California Rules of Court, WE, the The AARON AND MARGARET WALLACE FOUNDATION, NOWTRUTH, my family, our businesses, my community, those we serve, and I, Abdul-Jalil al-Hakim, submitted a letter 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.

We have received NO response from either of you and your response and the admissions of the facts, evidence, testimony, and proof from your 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!

This is my THIRD letter and the Appeals Court has failed and refused to answer the question regarding their inaction in providing ANY proof of their having EVER served ANY notice of any kind of their receiving the motion to dismiss, NOTHING served on plaintiff 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 and Truefiling. I NEVER received any email, or U. S. postal mail from Anne Reasoner or the appeals court nor any electronic service from TrueFiling as I usually would.

On October 9, 2018, I sent a two page fax and email to Beth Robbins and Charles Johnson, Deputy Clerks of the First District Court of Appeal entitled “Request for Information/Investigation Non-Service of Notice, Abdul-Jalil al-Hakim vs. Superior Court, Appeals case: Appeal Case No.A153640, Superior Court case No.: C-811337”.

I specifically asked of Ms. Robbins and Mr. Johnson:

I was NEVER served 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. I 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 me! 

How is it possible for this to even happen and the court does NOT acknowledge that it IS a reason for the unopposed motion, and there is NO RECORD of any type that the appeals court EVER sent ANY notices of any type regarding the motion to dismiss to me?!

I respectfully ask the court to conduct and provide an extensive Information/Investigation to explain “what happened?”.

On October 12, 2018, they 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 he has admitted to the courts that he has been blocked from sending email to for years due to his giving that email address to a commercial business without my knowledge or approval and 2) the other email address he knows is not mine. There NEVER was any U.S. mail nor personal service of any documents.

However, what is most notable is the Appeals Court has failed and refused to answer the question regarding their inaction in providing ANY proof of their having EVER served ANY notice of any kind of their receiving the motion to dismiss, NOTHING served on plaintiff 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 and Truefiling. I NEVER received any email, or U. S. postal mail from Reasoner or the appeals court nor any electronic service from TrueFiling.

I asked that you investigate this aspect of this colossal failure and provide the information as to what happened but you have refused to do that, instead you want to ignore it and covered it up!

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 my 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. 

My 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 the last Six months Colwell has 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! 

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.

The Appeals courts actions depriving al-Hakim of litigation due him is unreasonable and was undertaken intentionally with malice, willfulness, and reckless indifference to the rights of al-Hakim, caused by the policies and practices of CSAA, which acts described herein have caused damages to al-Hakim with these Constitutional violations of al-Hakim’s rights.

The Appeals courts actions are repressive and has denied al-Hakim’s civil rights and due process, an equal opportunity to participate in unbiased pursuit of his legal claims as if these are still the dark days of American history when Black people had no rights at all!; This conduct and ongoing corruption of CSAA has resulted in Constitutional violations of al-Hakim’s rights, is tantamount to a scheme to hinder, deny and defraud al-Hakim.

The right for a litigant to challenge the fraud and corruption of the court and CSAA is second only to The GREATEST right a litigant has enshrined in the United States Constitution, the Fourteenth Amendment’s right to a fair trial! al-Hakim will ALWAYS continue the SLAVE DRIVEN FOUR HUNDRED YEAR fight for civil and human rights, the rights to the truth, justice, to evidence and testimony, to due process, equal protection, equal access to an unbiased legal process as is his OBLIGATION AND RIGHT under the U. S. Constitution Amendments I, V, VI, VIII, and XIV!

Defendants obtained TWO orders that were the product of their non-service litigation strategy of fraud and deceit when:

  1. they moved the Bankruptcy court and held a hearing on May 16, 2018, when they knew I had served prior notice on ALL the courts 6 weeks earlier that I would be in the annual retreat for the Holy Month of Ramadan from May 14, 2018 until June 20, 2018 and unavailable to respond to any litigation and got a judgment without notice nor serving any documents; and
  2. this motion to dismiss that was granted!

On January 31, 2018, I filed a 117 page Judicial and Superior Court Administration Corruption Complaint and it is already outdated.The Complaint concerns the Judicial and Superior Court Administration Corruption; Manipulation; Obstruction of Justice in Motions for Peremptory Challenge; Demand for Removal of Judges For Cause; Due to Criminal Conduct In Violation of The Law; 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 by Judge Kim Colwell; and to Vacate ALL Rulings and Orders Issued IN THE MATTERS OF: al-Hakim v. EBMUD, al-Hakim v. CSAA; and Miller v. al-Hakim.

On February 9, 2018, I sent you and Judges Jacobson, Rolefson, Carvill, Colwell, Krashna, Clay, Lee, Murphy, Smith, Patton, Pulido, Grillo, Markman and Carvill, Alex Tse, Phyllis Hamilton, Ms. Henley, Mr. Finke, Mr. Hoshino and OTHERS a 117 page complaint concerning the Judicial and Superior Court Administration Corruption; Manipulation; Obstruction of Justice in Motions for Peremptory Challenge; Demand for Removal of Judges For Cause; Due to Criminal Conduct In Violation of The Law; 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 by Judge Kim Colwell; and to Vacate ALL Rulings and Orders Issued IN THE MATTERS OF: al-Hakim v. EBMUD, al-Hakim v. CSAA; and Miller v. al-Hakim. It is already out dated.

An example of their tactic of non-service of motion papers and conspiring with the court clerks working for them and causing a civil problem is on September 20, 2018 the Dept. 511 court clerks feigned getting any notice of the opposition and the court ruled that since there was no opposition to the tentative ruling thus it is  adopted as “unopposed”. Clearly there were THREE NOTICES filed with the court clerk and this still happened. 

Again on October 11, 2018, Plaintiff was forced to file another Complaint against the court and Department 511 clerks for same with Chief Justice Cantil-Sakauye, Judges Phyllis Hamilton- Chief District Judge, Jacobson, Rolefson, Carvill, Kaus, Colwell, Krashna, Clay, Lee, Murphy, Smith, Patton, Freedman, Grillo, Markman and Carvill; Alex Tse- Director, U. S. Attorney’s Office, Xavier Becerra-Attorney General of California, Martin Hoshino- Director Judicial Council of California, Victoria Henley- Director Chief Counsel Commission on Judicial Performance, Chad Finke- Executive Officer Superior Court of Alameda County and 90 OTHERS, that CSAA- Wellpoint and “Department 511 Still Engaging in Perverting and Obstructing Justice, and Due Administration of the Law in Tentative Ruling issued in two motions of September 20, 2018”!

I implore this court to investigate this matter of the Appeals Court evading the proper response to their refusal to serve any notice of any kind to plaintiff regarding the defendants motion to dismiss and make those finding available to part of the record on appeal as it may explain/prove why the motion was uncontested!

Call if you have any questions, and “Thank you” for your consideration.

 

Respectfully,

Abdul-Jalil al-Hakim

510-394-4501

ajalil1234@gmail.com

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