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Courtney & Melody Gillespiec/o P.O. Box 8323Porterville, California
Courtney Gillespie,Melody Gillespie,
Plaintiffs.
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Case #: 10-237521
AFFIDAVIT / DECLARATION OF PLAINTIFFSCourtney & Melody Gillespie IN OPPOSITIONTO EX PARTE MOTION OF NICKLAS HOFFMANFOR AN ORDER TO SHOW CAUSE. ETC.
SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF TULARE
-VS-
Nicklas Hoffman,
Et Al,Defendants.
l. Courtney & Melody Gillespie say & Declare as follows:2. We are called the ooPlaintiffs" in the above entitled Action.3. We were witness to & have direct personal Knowledge of the following mattersl
we are competent to testify to the truth of the same if we are called upon to doso; & we will so testify the following matters are true, if we are calledupon to testify.
4. This Affidavit / Declaration is made in Support of our Opposition to the Ex ParteApplication of Nicklas Hoffman set for hearing on March 5, 2012.
5. Affiants herein only received notice of the Ex Parte Hearing on the morning of MarchAFFIDAVIT OF Courtney & Melody Gillespie in Opposition to Ex Parte Motion of Niklas Hoffman - 1
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4, when they discovered 2 pages attached to the front fence when Melody Gillespiearrived home from work in the Morning.
6. Previous to this matter Affiants received the Notice by this Court that the nexthearing scheduled is a status conference on the pending Bankruptcy filed byMelody Gillespie in Eastern District Court Case #: 12-10986-B-7, which is scheduledfor AprillT 2012, which is next month.
7. STATUS REPORT ON BANKRUPTbY CASE:As of the filing of today March 5,2012 the Stay is still in effect as far as Affiantsare aware and the Case is still active therefore it is illegal & unlawful for theCourt to entertain any proceedings on the merits of any Claims in this Case byeither of the Parties, & based upon that information & the State of the CaseMelody & Courtney Gillespie hereby Object to the Court hearing or consideringthe Ex Parte Motion whatsoever, and move for an order removing it from theCourts Calendar.
8. The only Notice served by Nicklas Hoffman & his Attorney Robert Fletcherwas 2 pages posted on the fence outside the property near the front gate on themorning of Sunday March 4, less than 24 hours prior to the hearing, & it wasonly a copy of page 1 of the motion, and a proof of service attached thereto.Thereafter receiving said 2 pages , Courtney Gillespie went to his P.O. Box &received the Motion which was less than the required Notice, less than 24 hoursbefore the hearing. There was no time to prepare a proper opposition to the saidMotion, which is a Denial of State & Federal Due Process of Law, which in itselfrequires the Court to deny the Motion.
9. Nicklas Hoffman has committed numerous Counts of Perjury in his SupportingAffidavit filed with the motion which can be proven by witness testimony & otheravailable Documentary evidence which there is no time to prepare on less than a24 hour notice, for which this Court should continue the hearing to anevidentiary hearing if the Court intends to hear this Motion on the merits
AFFIDAVIT oF Courtney & Melody Gillespie in Opposition to Ex Parte Mobion of Niklas Hoffman - 2
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at all, regarding which Melody & Courtney herein move for at least a 14 d,aycontinuance so they can get Witness Affidavits together to Rebut & Disprove theWilling & Knowing False Statements & Perjury of Nicklas Arthur Hoffman.
IO. FALSE STATEMENTS IN HOFFMANS AFFIDAVITz
The following Statements of Nicklas Hoffman in the Supporting Affidavit areDemonstrably false & Perjury for which Hoffman should be Sanctioned with aDismissal of his Cross Complaint, & iiined, if not Jailed by this Court for Contemptof Court, & for Violation of the Courts prior Orders & the Purported SettlementAgreement in this Case:1. The Statement by Hoffman at page 2,lines 17-19 under paragraph 2 of his
ooDeclaration" is patently false & Absurd on its face, & is willing, knowing perjuryon the part of Nicklas Hoffman as Hoffman knows Courtney has no power tomake the Edison Company do anything, just as he has no power to forceNicklas to pay for his fair share of the electric bill. There was never any Noticeor Warning mailed to Courtney Gillespie prior to the termination of the power,which again is not the fault of Courtney Gillespie & not within his power toprevent, avoid, or change. Furthermore Nicklas has presented no proof orevidence that Courtney Gillespie, or anyone else for that matter is legallyrequired under the Laws of the State of California or the United States ofAmerica to pay for the Electricity of Nicklas Hoffman, his family, & the two guests/ employees he has living with him on his property, as well as for his radio show,business, which he illegally operates from his home, makes profits from & pays noState or Federal Income Tax on by hiding the Proceeds in a bogus Trust which isa serious State & Federal Crime, which is being addressed in the pending RicoLawSuitrecentlyfiledinEasternDistrictCourtofCalifornia,Case#:-among other Serious Crimes Committed by Mr. Hoffman in the last severalyears, which Affiants herein Request the Court to take Judicial Notice ofPursuant to California Evidence Code Section 450-459. which establishes as a
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matter of Law that Courtney Gillespie had no Duty or obligation to pay for theelectric bill of Nicklas Hoffman. It is very clear & undeniable that if NicklasHoffman would have paid his own electric bill his power would still be on, & thuhe has no one to blame but himself for the situation he is now complainingabout, which renders this Ex Parte Motion Frivolous & without any merit.Hoffman had previously been given written Notice to start paying for his electricity,after Courtney Gillespie has been paying his own electric bill and the Bill ofNicklas Hoffman for the last several years & Nicklas has never paid his ownbill during all that time. The Edison Company cut off the power becauseCourtney could not pay the Bill in time, which was an accumulated bill in theamount of: $2000. Most ofthe bill was owed bvNicklas Hoffman,&sotlte Cause of the Power being cut wus due to Nicklas Hoffmans intentionslfailure to psv ltis fair share of the bill, as he has been intentionallv doing formanv vears now. while erytecting Courtnev to continue paving for Hoffmansescalated Power bills to his iniurv & harm. It is obviously not within theparameters of either California or Federal Law for Nicklas Hoffman to expectsomeone else to pay what he, Hoffman, owes the Edison Company, then whenHoffmans bill is not paid by a third party Hoffman is able to place the blamefor ramifications of failure to pay the bill, on the third party, & skirt his ownresponsibility for failure to pay the bill that he owed. There is a Maxim of Luw whichunplies to this matter, & this precise situation. & it is known ss the Clean HandsDoctrine, which is found at Californiu Civil Code Section 3517, which states: "3577.No one csn tuke advqntsge of ltis own wrong." a Plaintiff can not cinto Court, which includes a Cross Complainant which Hoffman purports to be, &move & request the court for Equitv or qn equitable remedy when the samecomplainant has not done equity to the purtv thev are seeking remedv aguinst. Incommitting the numerous frauds, & criminal acts against Courtnev & Melodv Gillespie
AFFIDAVIT OF Courtney & Melody Gillespie in Opposition to Ex Parte Motion of Niklas Hoffman - 4
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concerning the ssme tronsuctionas istheobiect of,both of the oartiesActions inthis Cuse , Nicklas Hoffman is barred bv the Clean Hands Doctrine set out in Californis
Civil Code Section 3517 which expresslv states thut no one can take advsntage of their
own wrong, which is what Nicklas Hoffman is doing bv filing his cross complaint aftercommitting numerous frauds & crimes ogainst both Courtnev & Melodv Gillespie
concerning the land contract he purnorted to enter into with them, luring them bv
making fulse promises and representations which he never intended to fulfill, to thedetriment of the Gillespiets, as set froth in tlte Federal Rico Lsw Suit recentlv filed in
Federal District Court . in Fresno, Cttlifornia, from obtaining unv Remedv from thisCourt & this Court should so find & denv him snv Relief whatever.
2. fhe statement of Nicklas at page 3, lines 15-17 of his Declaration, wherein Nicklastates: " On Thursdav , March l, 2012 ,I wss informed for tlte lirst time thatthe electric meter box had been sabotoged and rendered incapable of havingservice restored until repuired", is a blatant lie & knowing fabricution , as witnesstestimonv will prove that it was Nicklas Arthur Hoffman who, with his daushterin the morning. & friend or emnlovee, later in the afternoon, which ever is the
of Werlnesdav the 29tt' of F,first time esrlv in the mornins around 10:30 u.m. & when he was tinped off bvhis doughter that someone next door was watching him, Nicklas & his DaughterMattie took off back to their house. Thereafter uround 2:45-2:55 P.M.. being seen
three 6 rate witnesses . & wlten he thousht no one was lookinbusted into the front fence of the Gillespiets nropertv, und then busted into tlteelectric power panels and cut the wires, then when Melodv Gillespie cume home
Nicklss & His accomplice wltose nume is unknown at this time. ran awav from thepropertv , whiclt was witnesses bv Melodv ss she came driving w) to tlte front gateof the propertv, & then called 911 for help. Nicklas was witnessed bv anotherwitness standing inside the fence qrea close to the nower pole & electric punelstolkine to someone on a cell pltone. It wss later that dav when Courtnev atived
AFFIDAVIT OF Courtney & Melody Gillespie in Oppoeition to Ex Parte Motion of Niklas Hoffman - I
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home from work, that it was discovered after looking i+tto the nanels that Nicklas & his
co-hort ltad cut ull the wires inside the panels. Now he sttempts to convince thisCourt that Courtney Gillesoie "sabotaged" the electric panels, on the next dsy, Marchl, 2012, committing Fruud upon the Court & upon Courtnev & Melodv. which can not
be allowed to stand. There are more false statements, but there is not enoueh time tocomplete this opnosition & therefore the Coart is herebv Requested for s continuance
tu14 davs to allow for prenaration of affidsvits of all witnesses to be filed in Court forDue Process of Law to take place ,& a fair importial determination bv this Court.
-DECLARATION-
We, THE UNDERSIGNED do declare under penalty of perjury under the Laws ofTHE STATE OF California that the foregoing is true and correct. Executed by our handson this day, the-fifth-day-of the third-month-Two-thousand-twelve,
/""^' /,"rh-{e"----
AFFIDAVIT OF Courtney & Melody GiJ-lespie in Opposition to Ex Part,e Motion of Niklas Hoffman
