1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Melody Gillespie, c/o P.O. Box 8323 Porterville, California, 93258. SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF TULARE Courtney Gillespie, Case #: 249049 Melody Gillespie, Plaintiffs, NOTICE OF & MOTION FOR ORDER -VS- CONSOLIDATING CASES #: 249049 & #: 10-238961; OF PLAINTIFFS Melody & Courtney Gillespie; Robert J. Fletcher, SUPPORTING DECLARATIONS; REQUEST FOR Et Al, JUDICIAL NOTICE; MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR ORDER CONSOLIDATING CASES HEARING DATE: Defendants. DEPT.: ___________________________ TIME: TO: THE CLERK OF THE ABOVE NAMED COURT, NAMED DEFENDANTS & Notice of & Motion to Consolidate of Plaintiffs Melody & Courtney Gillespie-1
this is case number 249049 racketeering by attorney, client and business partners. It was to consolidate a related case to have them heard together rather than separately
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
SUPERIOR COURT OF THE STATE OF CALIFORNIAIN AND FOR THE COUNTY OF TULARE
Courtney Gillespie, Case #: 249049Melody Gillespie,
Plaintiffs, NOTICE OF & MOTION FOR ORDER
-VS- CONSOLIDATING CASES #: 249049 & #: 10-238961; OF PLAINTIFFS Melody & Courtney Gillespie;
Robert J. Fletcher, SUPPORTING DECLARATIONS; REQUEST FOR Et Al, JUDICIAL NOTICE; MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR ORDER CONSOLIDATING CASES HEARING DATE: Defendants. DEPT.: ___________________________ TIME:
TO: THE CLERK OF THE ABOVE NAMED COURT, NAMED DEFENDANTS &
THEIR COUNSEL OF RECORD IN THE ABOVE ENTITLED ACTION, PLEASE
TAKE NOTICE OF THE FOLLOWING:
1. On the day of / / 2012 in Dept. ___, at the hour of 8:30 a.m., Or as soon thereafter as
Plaintiffs can be heard Plaintiffs herein will Move the above named Court & Dept. ___
Judge for an Order Consolidating Cases #: 249049 & 10-238961, Pursuant to the express
Provisions of California CCP Section 1048 (a) based upon the following Grounds:
(1) Both Cases involve a Common question of Law & Fact now pending before the same
Notice of & Motion to Consolidate of Plaintiffs Melody & Courtney Gillespie-1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Court in two Separate Cases which establishes that they are “Related Cases” under
California Rules of Court Rule 3.300;
(2) Consolidating the two Cases under the same Case number, #: 249049, will avoid
unnecessary Costs & Delay;
(3) Consolidating the two Cases under the same Case number, #: 249049, will enhance
the efficiency of the Court in dispensing Justice between the Parties in the most
efficient & timely manner possible & failure to consolidate will have the Opposite
Effect in both Cases, as they are Related Cases as that term is defined by California
Law under California Rules of Court Rule 3.300.
(4) Consolidating the two Cases serves the Policy & Doctrine of Judicial Economy,
& serves the efficient Administration of Justice.
(5) No Prejudice can result to any Party by Consolidating the said Cases, however
all Parties will benefit from such Consolidation;
2. This Motion is based on this Notice; the pleadings in both Cases, the Supporting
Declarations & accompanying Request for Judicial Notice, Memorandum of Points &
Authorities in Support of the Motion, Contents of the Courts files in both Cases.
3. Wherefore Plaintiffs pray this Court:
(1) Takes Judicial Notice as Requested herein & as Required by Law, &;
(2) Grants this Motion, &;
(3) Issues an Order Consolidating both Cases under this Case number #: 249049, for all
purposes, &;
(4) Grants whatever other relief the Curt deems Right & Proper under all facts, Law, &
1. Melody & Courtney Gillespie say & Declare as follows:
2. We are called the “Plaintiffs” in the above Entitled Action.
3. We were witness to & have direct personal Knowledge of the following matters
and we are competent to testify to the truth of the same if we are called upon to
do so, and we will so testify if we are called upon.
4. We previously filed an Action against Nicklas Arthur Hoffman in Case #: 10-238961
for a permanent Injunction against him for his criminal & Tortious conduct over the
Notice of & Motion to Consolidate of Plaintiffs Melody & Courtney Gillespie-3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Course of several years against us at the property located at 1831 N. Lime Street,
Porterville California. Thereafter Hoffman & other 3rd Parties filed a Cross Complaint
against us for Ejectment, Quiet Title & for Damages. Hoffman & all These third parties
are named herein this Case as Defendants, & said Case #: 10-238961 is appropriate for
Consolidation with this Action pursuant to the express Provisions of California Code of
Civil Procedure Section 1048(a).
5. Hoffman,Et Al, have Failed & Refused to name all Parties who they know have or may
claim Rights & interests in the said real Property at 1831 N. Lime Street, including New
Paradigm Holding Company, Shaun Ray Enterprises, which intentional omission in
their Quiet Title Complaint is in Violation of the Statutory Requirements for a Quiet
Title Action on real Property in California. Nicklas Hoffman,Et Al also Failed & Refused
to Record a Notice of Pendency of Action immediately upon the filing of their purported
Quiet Title Cross Action in # 10-238961,which is Expressly Required by Statute.
6. The Cause for the failure to Record the Notice of Pendency of Action by Nicklas
Hoffman & his Bar Attorney is that tricky Nick is attempting to sell the whole ten (10)
Acres of land at 1831 N. Lime Street on line himself , out from under Plaintiffs herein,
while the Actions over Title Are Pending, so he can run away with the money & hide, if
anyone in the Public is foolish & ignorant enough to buy it from him while these Actions
are Pending over Title to said Property; & Plaintiffs herein contend this is a Fraud on
the Public, a Fraud on this Court, & a Fraud on Plaintiffs herein, as Nicklas Hoffman is
currently purporting himself, to sell the same property on line on the internet, where
he has it listed for sale on more then one location while at the same time he is telling
this Court that the owner is another party,“H.M. WYSOCKI IRREVOCABLE TRUST”.
7. See attached Exhibits # 1, showing web pages WHERE Hoffman is listing the property for
sale by him personally, NOT AS A TRUSTEE FOR WYSOCKI TRUST OR ANY OTHER
ENTITY, WHICH IS A CLEAR FRAUD UPON THE PUBLIC.
See attached Exhibit 2, “DEED OF TRUST” TULARE COUNTY RECORDERS
OFFICE DOCUMENT #: 2006-0002762, RECORDED ON JANUARY 11, 2006,
Notice of & Motion to Consolidate of Plaintiffs Melody & Courtney Gillespie-4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
showing “H.M. WYSOCKI IRREVOCABLE TRUST”, THROUGH TRUSTEE NICKOL
GERITSMA EXPRESSLY STATED THAT SAID TRUST “Irrevocably Grants, Transfers
and Assigns to Trustee in Trust, with power of sale, that real property in Tulare county,
California, Described as: LOT 10 OF HERMOSA ORANGE COLONY, COUNTY OF
TULARE, STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF
RECORDED IN BOOK 2, PAGE 131 OF MAPS, TULARE COUNTY RECORDS.
APN 255-230004”, BY WHICH CROSS COMPLAINANT H.M. WYSOCKI
IRREVOCABLE TRUST TRANSFERED ALL RIGHT , TITLE & INTEREST IN the
Real Property at 1831 N. Lime Street, Porterville California, to an Entity named “NEW
PARADIGM HOLDING CO.”, WHICH TRANSFER WAS RECORDED WITH
TULARE COUNTY RECORDERS OFFICE IN 2006, & which Entity was not named
as either a Plaintiff or a Defendant by Nicklas Hoffman Et Al, in their bogus Cross
Complaint in Case #: 10-238961.
8. The foregoing facts Establish as a matter of Law the Impossibility of obtaining any
Quiet TITLE BY H.M. WYSOCKI TRUST, in their favor in Case #: 10-238961,
BECAUSE THEY HAVE EXPRESSLY TRANSFERED ALL RIGHTS & INTERESTS
IN SAID PROPERTY TO ANOTHER ENTITY, WHO IS NOT A NAMED PARTY
TO THE CROSS ACTION, AS EITHER A PLAINTIFF OR A DEFENDANT, Which
Renders their Cross Complaint for Quiet Title & Ejectment Frivolous & without any Merit,
& is a clear waste of Judicial Time & Resources for there to be any Trial whatsoever,
& that Case should be immediately Consolidated with this one so it can be Disposed
of in the Course of these Proceedings in a Motion for Summary Judgment /
Adjudication, or such other Dispositive Motion which may be Appropriate under the
Facts; which are based upon the same Facts & Transaction as the Causes in the
other Related Case #: 10-238961;
9. Cases #: 249049 & 10-238961 are “Related Cases” under California Rules of Court, Rule
3.300,& Qualify for Consolidation Pursuant to the Express Provisions of California
CCP Section 1048 (a);
Notice of & Motion to Consolidate of Plaintiffs Melody & Courtney Gillespie-5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(1) Both Cases involve a Common question of Law & Fact now pending before the same
Court;
(2) Consolidating the two Cases under the same Case number, #: 249049, will avoid
unnecessary Costs & Delay;
(3) Consolidating the two Cases under the same Case number, #: 249049, will enhance
the efficiency of the Court in dispensing Justice between the Parties in the most
efficient & timely manner possible & failure to consolidate will have the Opposite
Effect in both Cases, as they are Related Cases as that term is defined by California
Law under California Rules of Court Rule 3.300.
(4) Consolidating the two Cases serves the Policy & Doctrine of Judicial Economy,
& serves the efficient Administration of Justice.
(5) No Prejudice can result to any Party by Consolidating the said Cases, however
all Parties will benefit from such Consolidation;
2. Based upon all the foregoing Plaintiffs herein Request that this Court Takes Judicial
Notice as Requested herein & as Required by Law, &; Grants this Motion, &; Issues an
Order Consolidating both Cases under this Case number #: 249049, for all purposes, &;
Grants whatever other relief the Court Deems Right & Proper under all facts, Law, &
Equities of the Case.
DECLARATION
We the undersigned hereby Declare under penalty of perjury under the Laws of the State
of California that the foregoing is true and correct. Executed by my hand on this day, the-
-day-of-the-tenth-month-Two-thousand-twelve,
_______________________________ Melody Gillespie
_______________________________ Courtney Gillespie
Notice of & Motion to Consolidate of Plaintiffs Melody & Courtney Gillespie-6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT PAGEINDEX OF EXHIBITS
_____________________________
# 1: WEB PAGES WHERE Nicklas Hoffman is listing the property at 1831 N. Lime Street for sale by him personally NOT AS A TRUSTEE FOR H.M. WYSOCKI TRUST OR ANY OTHER ENTITY, WHICH IS A CLEAR FRAUD UPON THE PUBLIC.
#2: “DEED OF TRUST”, TULARE COUNTY RECORDERS OFFICE DOCUMENT #:
2006-0002762, RECORDED ON JANUARY 11, 2006, showing “H.M. WYSOCKI
IRREVOCABLE TRUST”, THROUGH TRUSTEE NICKOL GERITSMA
EXPRESSLY STATED THAT SAID TRUST “Irrevocably Grants, Transfers and
Assigns to Trustee in Trust, with power of sale, that real property in Tulare County,
California, Described as: LOT 10 OF HERMOSA ORANGE COLONY, COUNTY
OF TULARE, STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF
RECORDED IN BOOK 2, PAGE 131 OF MAPS, TULARE COUNTY RECORDS.
APN 255-230004”, BY WHICH CROSS COMPLAINANT H.M. WYSOCKI
IRREVOCABLE TRUST TRANSFERED ALL RIGHT, TITLE & INTEREST IN the
Real Property at 1831 N. Lime Street, Porterville California, to an Entity named
“NEW PARADIGM HOLDING CO.”, & which Entity was not named as either a
Plaintiff or a Defendant by Nicklas Hoffman Et Al, in their bogus Cross Complaint
in Case #:10-238961.
Notice of & Motion to Consolidate of Plaintiffs Melody & Courtney Gillespie- 7