ciphers are as follows, ^*, ^ = cipher or trinity, *^ = cipher read from right to left, ^* = cipher read from left to right, (,) or comma "," = typical seperation of values or as commonly used in Javascript, @ by itself = page
### random ^ ###, ^cs = case, ^f: = Filed:, ^e: = Entered:, ^fe: = Filed & ^e:, ^t: = Terminated:, ^ex = exhibit, ^df = defendant, ^dfs = ^defendants, ^mj = magistrate judge,
### addresses and names ###, ^a1 = , ^a2 = DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899,
### e-mail addresses ### ^e = andrewgrantlegal@gmail, ^e1 = anniezhang@dwt.com, 
### name ciphers ###, ^a = Andrew Grant Haymor    e, ^h = haymore,  ^c = Cheryl Lynn Douglas, ^l = Lauren Michelle Haymore, ^d = dojii, ^n1 = Troy L Nunley, ^n2 = Sean C. Riordan, ^n3 = , ^n4 = , ^n6 = , ^avu = ~h V. ~1, ^am = AMAZON.COM, INC., ~o = it is hereby ordered, ~r = it is hereby recommended, ^p = plaintiff 
### case number ciphers ###
     ^cc = 24CV000231, ^cc1 = 2:24-cv-00729-TLN-DB, ^c1 = 2:24-cv-00729-TLN-SCR, ^c2 = 2:24-cv-00331-KJM-CKD, ^c3 = 2:24-cv-02988-DJC-AC, ^c4 = PLACEHOLDER,
### elongated phrases or names ###  ~1 = ~united states of america,  ~2 = united states,  ~0 = NOTICED motion FOR preliminary injunction, ~3 = preliminary injunction, ~4 = motion to remand, ~5 = acknowledgement of receipt, ~p = motion to Proceed In Forma Pauperis, ~d = U.S. district court  EASTERN DISTRICT OF CALIFORNIA, ~dc = ~district court , ~r = notice of removal
### words ### ~m = ~motion, @ = page, ~ed = EASTERN DISTRICT OF CALIFORNIA, ~pa = P.O. BOX 278004 SACRAMENTO CA,  ~toc = Table of Contents,

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     "text": "^c1 (PS) ~h v. ^am ^n1, presiding ^n2, referral Date ^f: 03/08/2024 Date ^t: 02/20/2025 Date of last filing: 02/20/2025 History Doc. No. Dates Description 1 ^fe: 03/08/2024 Notice of Removal 2 ^fe: 03/08/2024 Civil New Case Documents for TLN 3 ^f: 03/12/2024 ~4 ^e: 03/13/2024 ^t: 02/20/2025 4 ^f: 03/12/2024 ~p ^e: 03/13/2024 ^t: 11/19/2024 7 ^f: 03/13/2024 ~4 ^e: 03/14/2024 ^t: 02/20/2025 ^f: 03/14/2024 ~5 ^e: 03/18/2024 5 ^fe: 03/14/2024 Stipulation and Proposed Order 6 ^fe: 03/14/2024 Consent/Decline of ^mj Jurisdiction 8 ^fe: 03/14/2024 ~m for Extension of Time ^t: 11/19/2024 9 ^f: 03/14/2024 ~4 ^e: 03/15/2024 ^t: 02/20/2025 10 ^f: 03/14/2024 Notice - Other ^e: 03/15/2024 11 ^f: 03/15/2024 Opposition to ~m ^e: 03/18/2024 ^e: 03/19/2024 12 ^f: 13 ^fe: 03/20/2024 14 ^fe: 03/20/2024 15 ^f: ^e: ^t: 03/20/2024 03/21/2024 02/20/2025 ~5 ~m for ~3 03/18/2024 Declaration Notice of Filing / Lodging Document 3/15/2025,  ^c5    ^fe: 03/26/2024  ^fe: 03/26/2024 04/19/2024 ^t: 18 ^fe: 04/03/2024 ^t: 02/20/2025 19 ^fe: 04/03/2024 ^fe: 04/04/2024 20 ^fe: 04/04/2024 21 ^fe: 04/04/2024 ^t: 02/20/2025 Opposition to ~m Pro Hac Vice Application ~m to Dismiss Opposition to ~m Service by Mail Minute Order ~m to Dismiss Request for Telephonic/Remote Appearance Request for Telephonic/Remote Appearance Opposition to ~m Order on Application for Pro Hac Vice Service by Mail 22 ^fe: 04/12/2024 23 ^fe: 04/12/2024 24 ^f: ^e: 04/17/2024 04/18/2024 25 ^fe: 04/19/2024 ^fe: 04/23/2024 26 ^fe: 04/23/2024 Minute Order ^fe: 08/06/2024 Service by Mail 27 ^fe: 08/06/2024 Order Reassigning ^mj Riordan 28 ^f: 10/31/2024 ~m to Stay ^e: 11/01/2024 ^t: 11/19/2024 ^fe: 11/01/2024 Service by Mail 29 ^fe: 11/01/2024 Minute Order 30 ^f: 11/13/2024 ~m to Stay ^e: 11/14/2024 ^t: 11/19/2024 2 of 2 ^fe: 11/19/2024 31 ^fe: 11/19/2024 ^fe: 02/20/2025 32 ^fe: 02/20/2025 33 ^fe: 02/20/2025 PACER Login: Service by Mail Order Service by Mail Order Adopting Findings and Recommendations Judgment PACER Service Center Transaction Receipt 03/15/2025 18:40:09 Andrew.Grant.~h Client Code: Description: History/Documents Billable 1 @s: 2:24-cv-00729- TLN-SCR Search Criteria: Cost: 0.10 3/15/2025, 6:40 PM  Case ^cc1 Document 1 Filed 03/08/24 @ 1 of 5 1|| MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 2 ANNIE S. ZHANG (State Bar No. 327381)  ^e1 ^a2  Attorney for ^df ^am    ^c6  ^a, 1 V. Case No. ^p, 15 ^am, ^df ^amS NOTICE OF REMOVAL UNDER 28 U.S.C. § 1441 (DIVERSITY) 16 17   NOTICE OF REMOVAL ^dfs. ^a2  1 Case ^cc1 Document 1 Filed 03/08/24 @ 2 of 5 ^df ^am (“Amazon”) removes this case, originally filed in the 2 3 Superior Court of the State of California for the County of Sacramento under case number ^cc, to the ~2 ~dc of the ~ed. Amazon 4 removes this case pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, on the grounds set forth below. 5 1. On January 10, 2024, ^p ^a (“^p") filed a 6 7 complaint against Amazon in the Superior Court of the State of California for the County of 8 Sacramento. The state court case is styled: ^a v. ^am, Case  No. ^cc (the “State Court Action"). 10 2. The Complaint seeks, among other things, damages for intentional infliction of 11 e~mal distress, gross negligence, aggravated harassment, aggravated stalking, and violations 12 13 of the Unfair Competition Law (UCL) allegedly arising from ^p's experience with the video 14 game New World. 15 3. This Notice of Removal is timely filed within thirty days of the case becoming 16 removable. See 28 U.S.C. § 1446(b)(1). Amazon first received a copy of the Complaint on 17 February 9, 2024, when a copy was served on Amazon via personal service. No responsive 18 pleadings have been filed by Amazon in the State Court Action. 19 5. Removal of this case is proper under 28 U.S.C. § 1441(a), which provides that  “any civil action brought in a State court of which the ~dcs of the ~2 have 22 original jurisdiction, may be removed by the ^df or the ^dfs, to the ~dc of 23 the ~2 for the district and division embracing the place where such action is pending." 24 6. The ~2 ~dc of the ~ed is the federal  judicial district and division embracing the sac county court, where ^p filed the State Court Action. 28 U.S.C. § 84(b). NOTICE OF REMOVAL ^a2  Case ^cc1 Document 1 Filed 03/08/24 @ 3 of 5  In compliance with 28 U.S.C. § 1446(a), true and correct copies of all process,  pleadings, and orders served on Amazon are attached as ^x A  8. Promptly after filing this Notice of Removal, Amazon will give written notice to ^p, who is the only adverse party, and will file a copy of this Notice with the Clerk of the  Superior Court of the State of California for the County of Sacramento pursuant to 28 U.S.C. § 7 1446(d). A true and correct copy of the Notice of Filing Notice of Removal is attached as  ^x B. 9. This Court has original jurisdiction over this action under 28 U.S.C. § 1332(a)(1), 10 which provides: “The ~dcs shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is  between (1) citizens of different States."  10. This case satisfies the complete diversity requirement. Under 28 U.S.C. § 1332(c)(1), “a corporation shall be deemed to be a citizen of every State . . . by which it has been incorporated and of the State ... where it has its principal place of business."  11. At the time of pleading and as of the date of the filing of this removal, ^p  resides in California. Compl. at | 25.  12. At the time of pleading and as of the date of the filing of this removal, ^am is incorporated in Delaware with its principal place of business in Seattle,   Washington. Therefore, ^df ^am is a citizen of Washington and Delaware.  13. The $75,000 amount-in-controversy requirement is also satisfied. ^ps'  Complaint seeks damages in excess of $75,000. Compl. at Prayer for Judgment at ¶ 5 (“^p  is pursuing $7 Billion Dollars USD” for “emergency funeral expenses[.]"); ¶¶ 6 (“^p is  pursuing the amount of $70 Billion Dollars USD” for “punitive and exemplary damages[.]").   NOTICE OF REMOVAL ^a2  Case ^cc1 Document 1 Filed 03/08/24 @ 4 of 5  14. By filing this Notice of Removal, Amazon does not waive, either expressly or impliedly, its respective rights to assert any defense they could have asserted in the Superior  Court of the State of California for the County of Sacramento. Amazon reserves the right to  amend or supplement this Notice of Removal, including its right to compel arbitration or move to  dismiss the action for failure to state a claim.  WHEREFORE, Amazon gives notice that the State Court Action now pending in the  Superior Court of the State of California for the County of Sacramento is removed to the United States ~dc of the ~ed. DATED: March 8, 2024 DAVIS WRIGHT TREMAINE LLP  By: /s/ Mark C. Burnside Mark C. Burnside Attorney for ^df ^am     NOTICE OF REMOVAL  ^a2    Case ^cc1 Document 1 Filed 03/08/24 @ 5 of 5 PROOF OF SERVICE BY U.S. MAIL I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566. On March 8, 2024, I served the foregoing document(s) described as: ^df ^am'S NOTICE OF REMOVAL UNDER 28 U.S.C. § 1441 5 (DIVERSITY) by forwarding a portable document file to the electronic mail address(es) below and by placing a true copy of said document(s) enclosed in a sealed envelope(s) for each  addressee named below, with the name and address of the person served shown on the envelope as follows: ^a P.O. Box 278004  Sacramento, CA 95827 Telephone: (916) 365-5434 ^e I placed such envelope(s) with postage thereon fully prepaid for deposit in the ~2 Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service. I am familiar with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service, which practice is that when correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for delivering correspondence to the ~2 Postal Service, such correspondence is delivered to the ~2 Postal Service that same day in the ordinary course of business. Executed on March 8, 2024, at Los Angeles, California. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Print Name Federal Shari Sanders Shan Sarders Signature / NOTICE OF REMOVAL ^a2  Case ^cc1 Document 1-1 Filed 03/08/24 @ 1 of 45 SUMMONS Issued and Filed Superior Court of CaSUM-100 FOR COURT USE ONLY  01/10/2024 johnsok By Deputy ^cc ^am, AND DOES 1-50 YOU ARE BEING SUED BY ^p:  ^a NOTICE! You have been sued. JAN 1 0 2024 ^a ~pa, 95827 Clerk, by (Secretario) K. JOHNSON (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citatión use el formulario Proof of Service of Summons, (POS-010)). [SEAL] EUREKA UPERIOR COURT OF CALIFORNIA B COUNTY OF SACRAMENTO Form Adopted for Mandatory Use Judicial Council of Califormia SUM-100 [Rev. July 1, 2009] NOTICE TO THE PERSON SERVED: You are served 1. 2. 3. under: 4. as an individual ^df. as the person sued under the fictitious name of (specify): on behalf of (specify): ССР 416.10 (сorporation) CCP 416.20 (defunct corporation) CCP 416.40 (association or partnership) other (specify): by personal delivery on (date): For your protection and privacy, please press the Clear This Form-button after you have printed the form. SUMMONS Print this form Save this form CCP 416.60 (minor) , Deputy (Adjunto) CCP 416.70 (conservatee) CCP 416.90 (authorized person) @ 1 of 1 Code of Civil Procedure §§ 412.20, 465 www.courts.ca.gov Clear this form  Case ^cc1 Document 1-1 Filed 03/08/24 @ 2 of 45 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): ^a ~pa 95827 TELEPHONE NO.: (916)365-5434 FAX NO.: EMAIL ADDRESS: ^e ATTORNEY FOR (Name): IN PRO PER Filed Superior Court of California, Sacramento "SE ONLY 01/09/2024 sac superior court NAME: ~h V. ^am CIVIL CASE COVER SHEET   Unlimited (Amount demanded exceeds $35,000). Limited (Amount demanded is $35,000 or less) Complex Case Designation Counter johnsok By Deputy ^cc CASE NUMBER: Joinder Filed with first appearance by ^df (Cal. Rules of Court, rule 3.402) JUDGE: DEPT.:  Date: JANUARY 9TH 2024 ^a TYPE OR PRINT NAME) NOTICE (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) CIVIL CASE COVER SHEET @ 1 of 2 Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Cal, Standards of Judicial Administration, std. 3.10 www.courts.ca.gov  Case ^cc1 Document 1-1 Filed 03/08/24  ^a  Case ^cc1 Document 1-1 Filed 03/08/24 @ 4 of 45 Filed sac court 01/09/2024 johnsok By _, Deputy ^cc 4 ^a, IN PRO PER   sac county court Case No.: ^a, ^p, V. ^am,  ^dfs. COMPLAINT SEEKING DAMAGES AND DEMAND FOR JURY TRIAL I. II. III. IV. V. VI. VII. ~toc @ 1 GLOSSARY... @ 2 NATURE OF THIS CASE... @ 7 JURISDICTION & VENUE...pg. 9 CAUSES OF ACTION... @ 10 INJUNCTIVE RELIEF......@ 31 COMPENSATORY DAMAGES, PUNITIVE DAMAGES, REQUEST FOR JURY TRIAL ...@ 33 ^c7 COMPLAINT @ 1  1 2 Case ^cc1 Document 1-1 Filed 03/08/24 @ 5 of 45 II. GLOSSARY 3 4 1. THIS GLOSSARY HAS BEEN PREPARED TO PROVIDE FOUNDATIONAL KNOWLEDGE FOR ONLINE GAMING TERMINOLOGY, LIMITED MEDICAL 5. TERMINOLOGY, AND TO AID THE READER IN UNDERSTANDING TERMS, WORDS     AND DIFFERENT ACRYONYMS CONTAINED IN THE COMPLAINT. THIS GLOSSARY IS BY NO MEANS AN ACADEMIC, PROFESSIONAL, OR OFFICIAL REFERENCE. SIMPLY SHOULD BE USED BY READERS TO UNDERSTAND BASIC TERMINOLOGY USED IN ONLINE ROLE-PLAYING GAMES, AND FUNDAMENTAL TERMINOLOGY ASSOCIATED WITH "NEW WORLD," (THE ONLINE VIDEO GAME) PUBLISHED BY AMAZON GAMES (Formerly known as Amazon Games Studio or AGS) WHOSE PARENT COMPANY IS ^am [BEGIN GLOSSARY]     2. CHF OR CONGENSTIVE HEART FAILURE: May also be referred to as HF. Heart failure can occur if the heart cannot pump (systolic) or fill (diastolic) adequately, to provide blood to the body. 3. CODE OF CONDUCT (Within New World the Video-Game): Amazon.com Inc. has a duty to create a non-toxic gaming environment, even by their own standards. In the NEW WORLD support center, there is a category called "Disruptive conduct. It is stated as follows: "Sections 1 and 2 within the Code of Conduct outline the following guidelines: "Treating other players the way they want to be treated" and "Playing to enjoy the game." A Disruptive Behavior penalty means the player engaged in disruptive behaviors that violate those guidelines. Violations include, but are not limited to: 25 • 26 27 • 28 Harassing/Threatening Players Example: Continually sending messages to the same player against their wishes. Toxicity Example Berating other players for struggling in group content. ^c7 * COMPLAINT @ 2  1 Case ^cc1 Document 1-1 Filed 03/08/24 @ 6 of 45 [Code of Conduct Continued:] 2 • 3 4 5 • 6 7   18 Bullying Example: Taking part in our encouraging others to be verbally negative towards another player. GRIEFING / TROLLING Example: Repeatedly dying in events to grief allied players. Impeding/Sabotaging group play" 4. DDS OR DYNAMIC DIFFICULTY SCALING: Dynamic Difficulty Scaling as defined and described by ^p is a technology or coding & end-game mechanic, created by Amazon Game Studios that dynamically, or in real time, changes the difficulty level of a Dungeon. This technology operates behind the User Interface of New World, and there is no alert or notification when a dungeon has been dynamically scaled. This technology is highly exploitable by abusive and malicious players, as they can use it in real time to manipulate the difficulty of the dungeon, and worse they can do so anonymously, causing the dungeon to increase in difficulty unbeknownst to any of the players. In fine this technology is parasitic to New World's end game design, as it is often triggered simply by players swapping gear, or worse, when malicious players remove gear to force the dungeon difficulty to be increased to a level that is impossible to win. 5. DISCORD SERVER or DISCORD: Discord is a platform for hosting real-time text, video, and voice chat. While other social platforms are oriented around one central community, Discord is divided into servers or smaller specific communities. Servers can be public or private. You can join a big community server for people who share a common interest or create a smaller private server for a group of friends. This complaint will focus solely on the New World official Discord server, so all references to DISCORD should be interpreted as specifically the Server  created and operated by Amazon.com Inc, for New World the Video Game and its community. 28 * ^c7 COMPLAINT @ 3  Case ^cc1 Document 1-1 Filed 03/08/24 @ 7 of 45   6. DUNGEON, MUTATION, M10 OR M3: Also known as Dynamic Instance, is a temporary virtual world, which disappears when all the players leave it. The Pinnacle of New World's End-Game, is Dungeons, and MUTATED DUNGEONS in which the difficulty is raised, 4 and different effects are applied to provide a deeper challenge to a 5 player composition. 5 Whenever the term DUNGEON is used or Dungeon it should be implied that the highest difficulty 6 7 (Now M3, formerly M10) is the type of Dungeon that is being discussed in the complaint. A Dungeon again, is not a persistent or open world as in the term MMO-RPG which means 8 Massively Multiplayer Online-Role Playing Game, which revolves around an open "sandbox" 9 persistent world. A dungeon again, is a temporary dynamic instance, primarily used to present a 10 challenge and offer unique rewards, the victory being shared by a 5-player team, in New World. 7. GATEKEEPING or GATEKEEP: Gatekeeping is a term created by New World 13 14 players, used to refer to GRIEFING (see GRIEF in Glossary) and stalking of players who might rise in their positions on the Leaderboard, within New World. Gatekeeping is used to prevent   other players from positioning themselves favorably on the leaderboards. It is more commonly used by Large In-Game Guilds (See GUILD in Glossary) and by more organized groups of players who wish to keep other players from being displayed on the leaderboard or rising in the leaderboards. 19 20   8. GRIEF or GRIEFING: An intentional form of cyberbullying, often viewed as trivial to seasoned gamers, but can also result in intense e~mal distress to the subject of the grief, or griefing. These actions committed in an online world can range from simple jokes, to full on verbal assaults, they can be executed by an individual, or a group of individuals. They can be actions that are very mild, or extremely abusive and toxic. They can be actions of cyber stalking, within the game, to intentionally disrupt or manipulate the gameplay experience of another. In : 25 26 fine, grief can be described as any action that is intentionally causing another player to experience 27 28 grief, the actual word grief, defined by its most basic textbook and dictionary form. ^c7 * COMPLAINT @ 4    7 8 Case ^cc1. Document 1-1 Filed 03/08/24 @ 8 of 45 9. GUILD: In New World 100 player organizations are referred to as a "company" but because the terminology may be confusing in this Civil Lawsuit and Complaint, we will refer to these In-game organizations as Guilds Hereinafter. 10. LEADERBOARDS: A system for ranking groups of players, and their score that is published and displayed to the New World server. Players who are oftentimes overzealous to maintain their position on the leaderboard, will operate maliciously to join other Dungeon Lobbies, or player groups, with the intention of applying DDS (see entry in Glossary), to make the 9 dungeon unplayable. And to preserve their positions on the leaderboards. 10   11. NPC: NON-PLAYER CHARACTER: Artificial intelligence, creatures, monsters, bosses with whom players interact. It is important to distinguish NPCs from PCs or PLAYER CHARACTERS.  12. NWOD OR NEW WORLD OFFICIAL DISCORD: Discord is a 3rd party application not owned or operated by AMAZON.COM INC, originally created for gaming, provides implementation of VOIP or Voice over IP services, and chat services. Today many businesses are beginning to implement Discord because of its easy to use, and organized dissemination of information to large communities. Servers can be customized and tailored for groups or communities of any size, small or great. 13. PVP, PVE and PC: PVP is Player Verus Player, typically in virtual combat or activities specifically designed to engage directly with other players. PVE is Player Versus 24 Environment, generally a virtual activity with NPCs and Artificial Intelligence. PLAYER CHARACTER (Online digital representation of an actual human player controlling an "avatar" or "character" in the online digital video game and online digital world). PC is the opposite of an NPC. 26 27 28 * ^c7 COMPLAINT @ 5  Case ^cc1 Document 1-1 Filed 03/08/24 @ 9 of 45   14. TROLLING OR TROLL: Trolling is similar to GRIEF and GRIEFING. It is rooted in cyberbullying, because this is the circumstance in which it is most usually applied. Its design is to get a reaction or watch the reaction of other people to the "Troll." A Troll can refer to the action by the person trolling or the Troll himself (The actual person is the troll, their act is a 5 troll, and they are trolling.) It can range from levels of friendly, mild, benign, and funny. To all   out hateful, dangerous, and extremely malicious and can cause serious long lasting detrimental effects on the subject, or the person subjected to the trolling. [End of Glossary] [Reserved for future Amendments]   End of Glossary 1.8 19 20 21 22 [Proceed to the next @] 23   [Reserved for future Amendments] * ^c7 COMPLAINT @ 6  1. 2 Case ^cc1 Document 1-1 Filed 03/08/24 @ 10 of 45 III. NATURE OF THIS CASE 3 4 15. Over the course of approximately seven months beginning in May 2023 through November 2023, ^p declares he was the victim of aggravated cyber harassment (CPC 5 §653.2), aggravated cyberstalking (CPC §646.9), and aggravated cyber bullying by employees of 6 Amazon Games (hereinafter as AG or AMAZON GAMES), formerly known as Amazon Games 7 Studio. ^p declares that Amazon.com Inc., (Hereinafter as AMAZON) is the parent 8 company to AG, creators of the online matrix and Video Game, New World – which facilitated 9 random players and organized groups of players and gave them the platform and ability to 10 commit acts of aggravated cyber harassment, aggravated cyberstalking, and aggravated cyber   14 15 bullying against the ^p over the course of approximately seven months. ^p is a disabled USARMY Veteran who also suffers from Complex Childhood PTSD, and Complex PTSD. 16. This complaint is being filed on January 9th, 2024, approximately 47 days after ^p was released from emergency room hospitalization. On November 20th-23rd 2023, ^p was hospitalized for 4 days suffering nearly unto death, in what was described in medical 16 discharge records as "Acute exacerbation of Congestive Heart Failure". CHF is a new medical 17 18 diagnosis for the ^p as of Nov 20th, 2023. Diagnosed with CHF by two Emergency rooms first Kaiser South Sacramento Nov 20th, 2023, and second Sutter Roseville Nov 21rst 2023. 19 20   17. ^p contacted AMAZON GAMES chat support on August 23rd, 2023, complaining about in-game harassment, and again on September 9th, 2023. Tickets were created online. Afterwards phone calls were made to Amazon.com Inc., due to AMAZON GAMES intentionally closing web support chats, during his distress calls for help. ^p kept audio and video recordings of interactions with AMAZON and AG employees, who at times also ignored his pleas for help. These ^xs will be provided with the ~m for ~3. 18. On November 8th, 2023, ^p declares that JOHN DOE #1, aka "TrevzorFTW" (his Discord user name), AG Employee, was acting Community Manager, when ^p was removed and Permanently Banned from the New World Official Discord (Hereafter referred to as DISCORD). A series of faulty timeouts were administered by AG Community Management, ^c7 * COMPLAINT @ 7      14 15 16 Case ^cc1 Document 1-1 Filed 03/08/24 @ 11 of 45 and an action of abuse of power, and unrighteous dominion, was exercised upon the ^p. Rendering him unable to speak within the community, and then after toying with the ^p, he was Permanently Banned and exiled from the New World Official Discord. 19. ^p created a video reproduction of the timeouts in the DISCORD on another account, showing that ^p's language was not hostile or against any EULA, therefore ^p was being targeted by AG employees, whose sole purpose was IIED. The ^x will be given to the court with the ~m for ~3. AG Community Management, led by JOHN DOE #1 aka "TrevzorFTW", also created the "gamertag" or "alias”, “^d”, as a "community flagged word." ^p is “^d" (YouTube & Twitch.tv) and has invested over 10,000 hours in his New World accounts, and over $1700 USD in digital purchases. AG to this day refuses to provide any support for this act of bizarre and unrighteous dominion. Where Amazon Retail will immediately refund you for a $5 dollar bag of chips if they are sour. 20. On November 8th ^p continued to fear for his safety, and for the safety of his investment of over 10,000 hours in his New World accounts. ^p suffered intense e~mal stress and anguish while trying to resolve being wrongfully banned from DISCORD. ^p turned to Amazon.com Inc.'s retail department to resolve this issue to no avail. However, 17 AMAZON employees confirmed that a "behavioral Investigation" would begin. This particular 18 "behavioral department" administrates over the actions of Amazon employees. The results or  details of the investigation would not be released to ^p, according to phone calls with AMAZON. 21. On November 17th Amazon Retail Employee confirmed to ^p that he was subject to abuses by AG Employees. An ^am, Specialized Escalation Agent stated to ^p that Amazon Staff "was found manipulating your in-game experience." This manipulation occurred for approximately 7 months, triggering ^p's PTSD unceasingly, and 25 resulting in the development of ^p's Congestive Heart Failure - and exacerbation of CHF  resulting in Emergency Room Hospitalization, 5 days later, on Nov 20th, 2023, at Kaiser Permanente South Sacramento. ^xs of the recording will be provided to the courts with the ~m for ~3. * ^c7 COMPLAINT @ 8  Case ^cc1 Document 1-1 Filed 03/08/24 @ 12 of 45     14   22. ^p was transferred by family to Sutter Roseville Nov 21rst, 2023. In fine, ^p suffered intense grief, stress, and e~mal anguish over being harassed within New World, both by AG Employees (Live Testers, Moderators, Admins, Developers, Community Management, others) and random players, and by players from larger GUILDS working in concert to GATEKEEP and GRIEF; AG Community Management acted both intentionally and with reckless disregard to exacerbate CHF caused by AMAZON & AG-resulting ultimately in emergency room hospitalization and permanently disabling ^p for life. 23. ^p was also repeatedly struck down by AMAZON & AMAZON GAMES essentially non-existent customer support in the matters of the harassment. In fine, after 7 months of GRIEF and intense e~mal distress ^p declares that Amazon.com Inc, and its constituents has caused him to develop Congestive Heart Failure. That the actions of and/or neglect of JOHN DOE #1 “TrevzorFTW”, and the collective AG Community Management acted both intentionally and with reckless disregard to exacerbate CHF caused by AMAZON—resulting ultimately in emergency room hospitalization and permanently disabling ^p for life. 24. In subjecting ^p to wrongful treatment, and because of the reckless, outrageous, and vehemently malicious symphony of Corporate Abuses, inflicted upon an already disabled Veteran of the ~2 Army; ^p is therefore entitled to the recovery of punitive damages pursuant to California Civil Code § 3294. This complaint will begin to document the 19 Malicious, Fraudulent, and Oppressive behavior of Amazon.com Inc. and its employees, branching into AMAZON GAMES, who, acting in concert have appendages which are both conscious and unconscious, effectively creating a machine whose power is unmatched, and resources unlimited, a machine that is able to abuse, exploit, and destroy with impunity. 23   IV. Jurisdiction and Venue 25. This court has subject matter jurisdiction, and requisite contacts as ^p is a resident of the city of Sacramento, in Sacramento County, and ^am does business here in the State of California. California Code of Civil Procedure § 392 through 403. All injuries to ^p occurred in Sacramento, California, and online via Amazon.com, Inc services. ^c7 * COMPLAINT @ 9    Case ^cc1 Document 1-1 Filed 03/08/24 @ 13 of 45 V. CAUSES OF ACTION  FIRST CAUSE OF ACTION: INTENTIONAL INFLICTION OF E~mAL DISTRESS (Persistent IIED as a result of Seven Months of combined cyber-assaults) 26. AMAZON as a Corporate Entity (power) and its employees within AG, harassed, stalked, and cyberbullied ^p across a span of seven months, and/or facilitated these actions by creating an online environment to facilitate stalking, cyberbullying, harassment, and the intentional infliction of e~mal distress. As a direct result of Dynamic Difficulty Scaling (Hereafter referred to as DDS see Glossary), and the creation of the Leaderboards within New World - it created a toxic, gatekeeping underbelly, where random players, organized GUILDS and AG Employees could exploit DDS. As a result of this poorly designed end-game Mechanic 15 formerly known as the M10 Dungeon difficulty, New World's End-Game was rampant with 16 17 18 19 20   GREIFERS, TROLLS, and GATEKEEPING, a form of anonymous and invulnerable PVP (Player Verus Player) GRIEFING, within the intended PVE (Player Verus Environment) video- game matrix. 27. When DDS was and is applied to a dungeon, there is no notification or alert to players, and malicious players with ill-designs, can gleefully watch the utter collapse of an End- Game dungeon. ^p informed AMAZON and AG of this terrible design flaw in August 2023 in the form of a support ticket along with multiple player reports of harassment. ^p also created a Bug Report in the DISCORD which was acknowledged by JOHN DOE #2 aka "Fenne" AG Developer or Community Management Employee, who never acted upon or escalated this 25 issue. 26 28. ^p was also harassed and TROLLED by "helpful" role ["helpful" is the name 27 of the actual Discord user Role, it can be likened to a badge worn by security] tagged users in 28 ^c7 * COMPLAINT @ 10  Case ^cc1 Document 3 Filed 03/12/24 @ 35 of 40   5 Andrew has been playing "New World” since we lived in Reno, Nevada in 2021 and his gaming experience has never been so detrimental to his mental or physical well-being. I am concerned that this experience that Andrew had with Amazon's employees, is not an isolated incident, being bullied or harassed, like what happened with discord. Over a two-year period. Andrew has lived with me since 2012 and I have intimate knowledge of his gaming talents and experiences with the art of gaming. Including his passion for this type of outlet since he became disabled.   I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.   DATE 14 CHERYL DOUGLAS MOTHER TO ^p     [proceed to the following declaration] * ~h V. ^am ~0 @ 25    5 Case ^cc1 Document 3 Filed 03/12/24 @ 36 of 40 C. DECLARATION OF ^l (SISTER TO ^p) I, ^l Declare, I am the sister of ^p ^a, 6     To whom it may concern, I, ^l, am writing this letter on behalf of my brother ^a. Before these incidents occurred with ^am, and John Doe's, Andrew was happy with his business, and did not have Congestive Heart Failure. He has been playing New World for over 2 years and has over 9,000 hours invested. Amazon has threatened his intellectual property and investments. They wrongfully banned him from the New World Official Discord community. Amazon.com, Inc employees also cyberstalked and cyberbullied him from their servers so they could manipulate gameplay, for monetary gain as well as malicious intent. When he tried to resolve the issues with customer service, they continued to exacerbate these issues, rather than resolve the problems. Due to ^am, he was hospitalized and will be permanently disabled for the rest of his life. On the day he was admitted to Sutter Roseville he was extremely pail with a grey hue to his skin. His lips were purple and I knew death was near. I have experienced seeing death before, and this was extremely traumatizing for me and my family. He suffered immensely due to the stress he was put through because of ^am Although close to death he continued to explain his frustration and stress over the actions of ^am and John Does. The cyberattacks, cyber bullying and harassment put him under extreme mental and e~mal distress. He continues to suffer because of them. Now we as a family have to endure the stress and anxiety of his condition. And worry everyday that he might pass away due to their harassment and negligence and lack of care for him. Their behavior caused gross negligence, e~mal and physical distress, financial distress to him and our entire family. To this day they still have done nothing to resolve the issues. 28 * ~h V. ^am ~0 @ 26  Case ^cc1 Document 3 Filed 03/12/24 @ 37 of 40   We would like to ask the court to please have ^am, resolve all issues created on their behalf. Also, we would like the court to find Amazon.com, Inc, liable for the damages we are declaring. Sincerely, ^l   DATE     22 ^l SISTER TO ^p 23 24 [Continue to ^xs ~toc]   ~h V. ^am * ~0 @ 27    7 Case ^cc1 Document 3 Filed 03/12/24 @ 38 of 40 VI. ^xS ~toc AND DESCRIPTIONS THE FOLLOWING ^xS ARE LOCATED ON THE USB THUMB DRIVE PROVIDED WITH FILING AND OR SERVICE. THESE FILES ARE LABELED AS ^x A THROUGH ^x M. THESE ^xS ARE EITHER IN.MP4 FORMAT VIEWABLE WITH VLC MEDIA PLAYER ETC, OR PDF FORMAT. 8 9     ^x A – Hospital Records from Sutter Roseville, indicating the diagnosis of Congestive Heart Failure. ^x B – Reproduction of Discord Timeouts, these reproductions were on another Discord account. It shows the kinds of messages that I was sending, and receiving Timeouts for, these types of messages. I.e. No EULA was violated, no swear words. Then I was targeted and banned. ЕХНІВІТ С – A video showing what happens when I try to connect to New World Official Discord with my business (Main Dojx account), “Unable to accept invite" = banned. The server revokes invites to my Discord Account. ^x D – Amazon.com and Amazon Games refusal to do anything to overturn wrongful new world official discord ban, as well as closing all support tickets at associate level even though I was pleading in Emails to have my support tickets escalated. ^x E – An e-mail, Day 3 of me exhausting myself trying to end Amazon Games Employees cyberstalking me and harassment. In this e-mail I was notifying them that I would have to take legal action as they kept closing my support tickets without escalation. I was also telling them it was affecting my health. None of the employees cared, or even read for all I know anything I said. They just kept closing my support tickets and cries for help. ^x F – A document of the Youngblood v. Wilcox case where an elderly couple was barred from using the services of a club they were members of. Or in other words they were 28 ~h V. ^am * NOTICED ~m FOR PRELIMINARY IN.JUNCTION @ 28  Case ^cc1 Document 3 Filed 03/12/24 @ 39 of 40     14 banned from their community like I was banned from mine. For reference for the judge and court. ^x G – video documentation of me logging into my four new world accounts, 10,000 hours invested into New World. ^x H – pdf files of my purchases of $1700 dollars USD invested in New World. ^x I – Video of excerpts from Amazon.com Agent Mark S Repeatedly closing support chat when I'm trying to report and document in-game harassment. ^x J – Video production of what happens when any user, tries to use the name ^d. ^d is now a community flagged word in the New World Official Discord. ^x K – Hospital records from Dr. Pease at Sutter Roseville, Reference to my PTSD triggers and Waking up to nightmares. As well as obvious accompanying signs of Heart Failure. ^x L – E-mail correspondence with John Smedley (Now former CEO of Amazon Games) from 2015, when ^a was the victim of Corporate Abuse, or abuse from the employees of a Company, LLC. John Smedley resolved this situation for Andrew Grant 15 ~h. Gaming can be a competitive environment, and employees of Corporations or 16 17 18 19 20 Companies, acting on behalf of those business entities, can abuse their powers. This ^x is being provided to show Evidence that ^a has been the target of Corporate Abuses of power, prior to this case with ^am, and was coincidentally relieved by John Smedley, now former CEO of Amazon Games. John Smedley, on January 11, 2023, announced his departure from Amazon Games. ^x M –– All of my Amazon services in functional and good standing on the day of 21 22 serving the complaint, and serving the notice and ~m for ~3. 23   [CONTINUE TO LAST @ PROPOSED ORDER] * ~h V. ^am ~0 @ 29  1 2 Case ^cc1 Document 3 Filed 03/12/24 @ 40 of 40 VII. PROPOSED ORDER     At this time, I the ^p, ^a, feel terribly exhausted and terribly inadequate to dictate for the court any proper and legally sound or legally correct order, as I am representing myself for the present time, with hopes to be able to seek out legal aid, now that I have been able to document all of my suffering and travails. Please forgive my inadequacy at this time. I pray that the court will be able to properly understand my situation, and be able to articulate and render and order in my behalf, that can bring me finally, some relief. Thank you.     * ~h V. ^am ~0 @ 30    Case ^c1 Document 3 Filed 03/12/24 @ 1 of 40 ^a ~pa, 95827 (916)-365-5434 ^e 4 ^a, IN PRO PER 5 [FILED MAR 12 2024 CLERK, ~d DEPUTY CLERK     14 ^c6 ^a, ^p, Case No.: ^cc1 EX PARTE APPLICATION FOR ~4    ^am ^df. ~h V. ^am *  ~~toc~ @ 1 EX PARTE APPLICATION FOR ~4 @ 2 MEMORANDUM AND POINTS OF AUTHORITIES...@ 2-8 PROPOSED ORDER... tba ^xS ... @ 30 28 U.S. CODE § 1447 (c) ~4 must be filed within 30 days of removal. EX PARTE APPLICATION FOR ~4 @ 1  Case ^c1 Document 3 Filed 03/12/24 @ 2 of 40      I, ^a, the ^p in this case, hereby ask and implore this court for Ex Parte Application For ~4, to be set to the next available calendar date according to the discretion of the court. This ~m is requested to immediately remand this case back to the state of California, Superior Court, so that the previously filed ~m for ~3 (Filed in the California Superior Court February 9th, 2024, and Scheduled for May 21rst 2024, and Attached as ^x A); This ~m for ~3 was to provide the opportunity for EMERGENCY INJUNCTIVE RELIEF, due to the medical condition caused by Amazon.com, Inc, (Hereafter referred to as Amazon). The opportunity for this Emergency Injunctive relief would be completely curtailed, and undermined, and essentially dissolved, if this Case is removed to the Eastern ~dc, or Federal Court. If date is given at the time of this filing, which is to be determined upon presenting this document to the court, the hearing will proceed on the following calendar day listed below; Hearing Date If the date is blank, then parties will be waiting for notice from the Honorable Judge, or Judges undertaking this discretion in the court. 16 17 18 The Following Declaration has been transcribed under mental and e~mal duress, and I 19 humbly pray and implore that my cries for help may be heard as soon possible by the Honorable 20 21 Judge or Judges hearing my case; I am literally weeping and sobbing trying to compose myself after the phone conversation with Amazon's council Mark Burnside. 22 23 24 I made a good faith effort to contact him and told him of my Urgent Request, he told me I couldn't do any of this, and that my scheduled ~m for ~3 had been cancelled. I   called the ~m Department and it is still scheduled in the Superior Court for May 21rst. He threatened me in every way possible trying to dissuade me from taking these actions telling me that even applying for this could result in the dismissal of my case. He told me I had to pay a bond, I told him I will pay everything I can today (which is 20$). He told me that Amazon could * ~h V. ^am EX PARTE APPLICATION FOR ~4 @ 2  Case ^c1 Document 3 Filed 03/12/24 @ 3 of 40   5 collect any damages caused by this, I told him I'm on Disability, etc, it was a very unpleasant conversation. He told me he would still be Council for Amazon if it is remanded, I told him that it was fine, and that I respected him. After some more attempts to dissuade me from taking this or any action, He grew frustrated and shouted “WE ARE NEVER GOING TO SETTLE, BYE!” And then hung up the phone. Beginning My Declaration of thoughts and Arguments taken since I was noticed of Removal last Friday March 8th 2024. Again I apologize for the formatting issue, this is all being written in a  state of e~mal distress and mental duress, these notes are taken from my phone. And I must swiftly file this with the Court today to have some hope that I can be heard. Thank You.  [Begin Declaration and notes] If this case is immediately remanded back to the Superior Court of California, I can still continue with my ~m for ~3 and this would end this particular emergency. As the ~m for ~3 is scheduled for May 21, and Amazon has 21 days to prepare and has already been served, previously to the action of removal. They were served with the ~m for ~3 on the same day as the complaint, February 9th, 2024. There is still more than ample time for Amazon to prepare, and there is still time for me to receive emergency injunctive relief. That I may preserve the rights, that are exclusively reserved by filing in a California State Court-- that is to discover those who were guilty of "manipulating my in-game experience" and take them from being John does to actual ^dfs upon whom, I have the right, to bring action of the court. I had a hearing pending, specifically a ~m for ~3, to see injunctive relief which I consider to be emergency injunctive relief. Now because Amazon declared its 28 "Diversity" as a resident or citizen of another State--- it has essentially curtailed my legal rights as * ~h V. ^am EX PARTE APPLICATION FOR ~4 @ 3  Case ^c1 Document 3 Filed 03/12/24 @ 4 of 40  an actual Citizen, by birth and blood, They have curtailed the process of relief which has the ability to provide medical relief for me. How can a corporation deprive the rights of an actual Citizen. I have a right to have a hearing for ~3, to seek injunctive relief. Amazon isn't a citizen, and they should only be subject to our laws, not exercise rights and advantages over actual humans and real citizens. Why does Amazon need this much of a judicial advantage to suffocate a pro se litigant? If Rob Bonta can sue Amazon in a superior court of California -- being an attorney general, than I should be able to sue Amazon in a superior court, when I literally have every disadvantage against me. If Amazon can do business in a certain state, and can affect the economy, and affect the health and well-being of citizens of that state than it should also be subject to that state's laws, especially when there is an aggrieved party, and that party claims legal standing based on the state where it occurred. Amazon has undermined legal action and due process by removing this case to Federal Court and dissolving a pending civil action, a scheduled ~m for preliminary 17 Injunction. Scheduled for May 21, 2024. Procedurally it should not have any such judicial advantages granted as Amazon is a corporation, not an actual Citizen of the ~1. Amazon should not have the right to curtail, undermine or subdue, pending and rightful legal actions or litigations, feigning to declare residency or citizenship. Especially when these "pseudo-Citizen Rights" have power to cause me further e~mal or or physical harm, or undue hardship when I am already at a legal disadvantage. Therefore I demand that this case be remanded back to California state court, as an 25 emergency, that the pending ~m for ~3 may be resolved and not 26 27 28 undermined, by a corporation feigning to have rights or citizenship, or privileges that should over power my rights as an actual Citizen of the ~1. * ~h V. ^am EX PARTE APPLICATION FOR ~4 @ 4  1 Case ^c1 Document 3 Filed 03/12/24 @ 5 of 40 Therefore I implore that this case be immediately remanded back to the state of California so that the proceeding to move forward ~3 may be preserved as my right to seek relief through due process. If any of these John does are residents of California -- than the State of California has personal and direct jurisdiction. And if even one John Doe is a resident of the state of California - 6 7 than state of California has personal Jurisdiction to hear this case. This right provided to me by  California State Court is now being revoked by a corporation, or corporate power, feigning to exercise rights as a pseudo-Citizen, when it already has incredible and overwhelming advantage over a pro-se litigant. There are two Amazon Games studios, where New World developers work, in the state of California, and other Amazon Employees responsible for working on and creating code, and an online matrix for me to be harassed, and cyber bullied, and to have my in game experience manipulated to the point that it caused me intense e~mal distress and ultimately caused me congestive heart failure, and the entire destruction of my intellectual properties, my artwork and my personal business. One of these John does is responsible, and most certainly they are responsible for upholding "FAGHIFA", FahQtoo, {Referring to ^xs which are to be presented at the hearing or as soon as possible} and other abuses of, but because of Amazon exercising pseudo-Citizenship I am denied certain rights and privileges afforded to me as a Citizen and Resident of California where all damages, injuries and suffering occurred. Therefore I plead and implore for the benefits of my own personal medical and mental well offended by Amazon, and the Jurisdiction in which I was abused by Amazon. being that these processes be allowed to move forward accordingly in the Jurisdiction where I was  (Document 3 Filed 03/12/24 @ 6 of 40)  In this respect, to the identity of the John Does and their names, being revealed through the due process and discovery process, I may be able to identify my abusers or those responsible for 3abuses against me. Without this process of allowing me to list John Does I am deprived of a MOST FUNDAMENTAL RIGHT AS A CITIZEN OF CALIFORNIA, one right that is not exercised in Federal Court. And finally -- the state of California has personal jurisdiction to hear this case because Amazon does business here in California and is registered as a corporation, to Doe business in California. Ultimately I am the victim, I am the one seeking an application for judicial relief. And because of the disparity in equities, in that I am alone representing my self against a corporate power, with seemingly unlimited power, and wealth, I should be granted this one power and, choice, and opportunity, to have this proceeding held and litigated in the venue and the court of eligibility of my choosing. I knew that it could be heard in both the Federal and the state courts, and ultimately this was my decision to be heard in the court of my choosing, the California 16 Superior court, County of Sacramento. And again there are rights which frankly are exclusive to my benefit and exclusive to the pursuit of justice that are afforded to me in this court, the Superior court, County of Sacramento. So before the whole process of which I have started to seek injunctive relief is completely undermined, and irreparable damage is caused to dispensed up on me by this undermining, I plead that my case be remanded back into the hands of the State of California for my personal health, mental health and e~mal well being. I have over 10,000 hours invested in my New World game accounts, and over $1700 dollars in purchases of digital goods, in the game. When I am wrongfully expelled from the community discord, how am I not going to experience intense e~mal distress and suffering when rogue hateful Amazon employees exercise unrighteous Dominion over me as a paying, and deeply invested customers. And then worse, they up-end and dissolve any opportunity for me to have the injunctive relief which was scheduled in May 2024 confirming to all legal due processes, so Amazon essentially gets to assault me destroy my life and then further destroy any attempts to 2 receive injunctive relief, because it declared itself, a corporation to be a citizen of another state.     I started this action, I chose for it to be heard in California, I want it to be heard in California. If this case is not Remanded back into the state of California than I will be also forced to begin Writs of Certiorari, that this decision may be heard by the Supreme Court. {these were my literal notes and thoughts and I didn't want to redact this part} The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value. Therefore granting a corporation anymore of an advantage, than they already have, is disparaging to me, who have already been deprived of life and liberty without due process, I am not going to give Amazon any more of an advantage than they already have. And if anything may happen to me because of medical conditions, that this is my will, my testimony and my right, because I am the party most greatly affected, and that this right, smh this decision, should be exclusive to myself in this circumstance. We can create new corporations, but we cannot create new souls. Ultimately we will be forced to litigate before the supreme Court, why a corporation with unlimited wealth and power, who is not an actual living soul, should have the right to overpower the agency of myself a living and mortal soul and legitimate citizen of the ~2. Amazon is ultimately a corporation, it is not a citizen of the ~2 by birth, or by blood. Amazon doesn't have congestive heart failure, I do. Amazon as a corporation isn't going to die, I am. As far as any citizenship is considered for Amazon, this "legal" citizenship, as I understand is that it maybe subjected to our laws, but it should not have the power to exercise Human Rights, or rights that give it a judicial advantage over an actual Citizen of the ~1 . Therefore it does not have rights of citizenship in anyway, rather only the right to do business as a corporation in the states of the ~1. Thank you.  I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 3-12-24 DATE Quat ^p IN PRO PER ^a  {Additional Notes from good faith attempt to meet and confer} {ADVERSE PARTY OBJECTIONS}; Mark Burnside informed me Amazon will oppose every object in my application. PHONE CALL AT 1:35 PM WENT TO VOICE MAIL "MARK BURNSIDE TOLD ME WE ARE NEVER GOING TO SETTLE, BYE AND HUNG UP THE PHONE" Mark told me that all of my ~m appointments have been cancelled, after our conversation I called the ~m department, and they said my appointment is still scheduled for ~3 hearing. I need my case to be immediately remanded back to the jurisdiction of the state of California that I might be able to continue with the ~m for ~3 to see medical relief. His behavior is now causing my of a medical  emergency for me, as this is causing me further, undue distress and mental hardship. He told me I had to give him a hearing date, I told him that this is just an application and if granted we will be notified of the hearing date. I DESERVER THIS RELIEF I DESERVE IT TO BE TIMELY I DESERVE TO BE HEARD AND TALK TO A JUDGE ABOUT EVERYTHING I HAVE SUFFERED TO THIS POINT AND MY NEW DISABILITY CAUSED BY AMAZON ON NOVEMBER 8TH 2023 {my final notes sorry again for everything!! This is so very unreal to me right now!!!} I have an appointment this Friday, March 15th with my cardiologist. This is the first heart doctor I have been able to see, since my injury because of the complications of Medical, and getting this help. I don't have time to write the proposed order, but I will attempt to make this right in future filing, I just have to file this now before the court day is over. I am sorry for the incompleteness of this document I wanted it to be better but after our "Meet and Confer" it appeared to me this is even greater urgency and emergency, thank you. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 3-12-29 DATE ^p IN PRO PER ^a   ~h V. ^am * EX PARTE APPLICATION FOR ~4 @ 9        Case ^c1 Document 3 Filed 03/12/24 @ 10 of 40 ^xA (copy of pending ~m for ~3) ~h V. ^am * EX PARTE APPLICATION FOR ~4 @ 10  Case ^c1 Document 3 Filed 03/12/24 @ 11 of 40 1 ^a P.O. BOX 278004 2 SACRAMENTO CA, 95827 (916)-365-5434 3 ^e 4 ^a, IN PRO PER 5 6     SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAΜΕΝΤΟ ^a, ^p, Case No.: ^cc ~m Reservation No.: A00231-001 V. ^am, AND DOES 1-50 ^dfs. ADDRESS OF HEARING: HALL OF JUSTICE ~m DEPARTMENT 813 6TH ST SACRAMENTO, CALIFORNIA, 95814 I. ~~toc~ @ 1 II. NOTICE OF ~m III. ....DATE & TIME @ 1 NOTICE OF ~m AND ~m FOR ~3... @ 2 IV. MEMORANDUM AND POINTS OF AUTHORITIES...@ 5 V. VI. DECLARATIONS... @ 12 ^xS... @ 28 VII. PROPOSED ORDER...@ 30 II. NOTICE OF ~m AND ~m FOR ~3, CAL. CODE CIV. PROC. § 526 DATE: MAY 21, 2024 TIME: 1:30PM LOCATION: DEPARTMENT 53 JUDGE: HON. RICHARD K. SUEYOSHI * ~h V. ^am ~0 @ 1    Case ^c1 Document 3 Filed 03/12/24 @ 12 of 40 [Local Rule 1.06 (A)] All noticed ~ms in the designated department shall include the following information in   the notice: "Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the court's website. If the party does not have online access, they may call the dedicated phone number (916-874-7858) for the department (53) as referenced in the 8 local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the 9 hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held." 10 11 12 Additionally, all foregoing references to “DIGITAL ^xS” are to be found and located upon the USB drive, provided alongside this document in filing and or service. 13 14     III. NOTICE OF ~m AND ~m FOR ~3, CAL. CODE CIV PROC § 526 (Injunctive relief to preserve status quo of current amazon services and provide some general relief for ^p by restoring access to New World Official Discord community) Το ΑΜΑΖΟΝ.COM, INC., AND DOES 1-50, and to your duly appointed representation in the matters of, Case No.: ^cc- NOTICE IS HERBY GIVEN, that, on MAY 21ST, 2024, at 130PM, that the matter may be heard, in DEPARTMENT 53, at the HALL OF JUSTICE ~m DEPARTMENT, 813 6TH STREET, SACRAMENTO, CALIFORNIA, 95814- ^p will, and hereby does move the court for a ~3 enjoining and restraining the above-named ^dfs and their officers, agents, employees, representatives, and all persons acting in concert or participating with them; that these persons restrain from engaging in or performing, directly or indirectly, any and all of the following acts: * ~h V. ^am ~0 @ 2  Case ^c1 Document 3 Filed 03/12/24 @ 13 of 40   7 8 A.— ALL NAMED ^dfS, ^am, AND ITS AFFILIATES SHOULD RESTRAIN FROM- banning, abridging, suspending, manipulating, discriminating against, or in any way degrading the quality of ^p's enjoyment, in regards to his accounts associated with, AMAZON.COM RETAIL, NEW WORLD OFFICIAL DISCORD, TWITCH.TV/^d, AUDIBLE, PRIME GAMING, AND NEW WORLD GAME ACCOUNTS WITH CHARACTERS NAMED ^d, AND ^d LOOTS, which as a customer ^p has a right to enjoy throughout the duration of these litigations, and as a loyal paying customer in good standing. In fine-^am, AND ITS AFFILIATES SHOULD NOT RETALIATE 9 AGAINST ^p'S ACCOUNTS OR SERVICES AS A RESULT OF THESE 10 LITIGATIONS AND PROCEEDINGS WITHIN THE COURTS OF CALIFORNIΙΑ.   14 15 16 B.- ALL NAMED ^dfS, ^am, AND ITS AFFILIATES SHOULD RESTRAIN FROM THE CONINUANCE OF THE FOLLOWING ACTS- upholding the permanent ban upon ^p, from the "club, community, or association” known as the "New World Official Discord" said permanent ban being issued by AMAZON GAMES, and its 17 employees. RESTRAIN FROM-upholding the name "^d" as a community flagged word 18 within the NEW WORLD OFFICIAL DISCORD. ^p wishes to have the freedom to enjoy 19 20 these services, restored. Services which are associated with his New World game accounts, which are in fine and good standing. 21 22 This ~m will be made on the grounds of Cal. Code Civ. Proc § 526, 23 "(a) An injunction may be granted in the following cases:   (1) When it appears by the complaint that the ^p is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. * ~h V. ^am ~0 @ 3  Case ^c1 Document 3 Filed 03/12/24 @ 14 of 40  (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. (3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual. (4) When pecuniary compensation would not afford adequate relief. (5) Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief. This ~m will be based on this notice, on the declarations of ^a, ^l, and Cheryl Douglas, on the memorandum of points and authorities served and filed with this ~m, on the papers and records on file, on the digital ^xs provided with this ~m, and on such oral and documentary evidence as may be presented at the hearing on the ~m. DATE ^p IN PRO PER 21 ^a 22 23   [continue to Memorandum] * ~h V. ^am ~0 @ 4    Case ^c1 Document 3 Filed 03/12/24 @ 15 of 40 IV. MEMORANDUM OF POINTS AND AUTHORITIES (A.) GENERAL BASIS FOR INJUNCTIVE RELIEF General background and reasoning for request of the above injunctive relief- 7   1.3    The proverbial “straw that broke the camel's back"... This gives rise to the phrase "the last straw", or "the final straw", meaning that the last one in a line of unacceptable occurrences causes a seemingly sudden and strong reaction. After 7 months of being harassed in game, ^p was also wrongfully and abusively banned from the New World Official Discord Community. See specifically paragraphs 52-60 of the complaint, @ 18, within the context of the FIFTH CAUSE OF ACTION. These acts committed on November 8th, 2023, by ^am, OR ITS AFFILIATES WITHIN AMAZON GAMES, COMMUNITY MANAGEMENT, resulted in the causing of intense e~mal distress and permanent injuries to the ^p, requiring lifesaving hospitalization on November 20th – 23rd, 2023 (SEE DIGITAL ^x A. HOSPITAL RECORDS).   These actions have also resulted in permanent damage to the ^p's intellectual properties across Twitch.tv and YouTube.com, permanently damaging his artwork in the form of digital content creation, and resulting in lasting physical and e~mal traumas, and loss of enjoyment of life, and permanently disabling the ^p in the form of congestive heart failure. See also DIGITAL ^x B. for a reproduction of the grounds upon which AMAZON 22 23   GAMES, COMMUNITY MANAGEMENT, expelled ^p "^d" from the club, association or community known as the NEW WORLD OFFICIAL DISCORD. See also DIGITAL ^x C. that shows the NEW WORLD OFFICIAL DISCORD being promoted as an auxiliary or appendix service within the game New World, by ^am, OR ITS AFFILIATES.) 28 ~h V. ^am * ~0 @ 5  Case ^c1 Document 3 Filed 03/12/24 @ 16 of 40   7 See DIGITAL ^xS D. AND E., after hours of frantic phone calls over several days and requests for escalation, across Amazon.com support chains, the essential dead-end Support, notifying ^p he was being penalized for crimes that didn't exist, [AGAIN SEE ^x B.]. Id Est, how can you be penalized, when you actually did nothing wrong??? And then provide no way to escape such penalties. This is where ^p realizes that AMAZON.COM and AMAZON GAMES COMMUNITY MANAGEMENT—is threatening to destroy all of his investments, on top of being harassed in-game for 7 months, and furthermore, threatening to destroy all his 8 intellectual properties and artwork that he has been working on for approximately 8 years across 9 Twitch.tv and YouTube) 10 11 12 Essentially by refraining and restraining in these, above, acts, “^d" should also be unbanned from New World Official Discord, community, and the undertaking of that specific action will require affirmative or mandatory elements, or be interpreted as affirmative or 13 mandatory elements. Or it may be interpreted as purely prohibitory at the discretion of the   Court, nevertheless it will require some action to undo the Permanent Ban. ^am, will have to take affirmative action to undo the ban upon the Discord User accounts "Dojx" and "Archlinuxprime”. The Business and Personal accounts of ^p respectively, that were banned by ^am, OR ITS AFFILIATES IN AMAZON GAMES, COMMUNITY MANAGEMENT. Also it will require affirmative action to remove the name "^d" as a community flagged word, which is a custom, moderation parameter within the New World Discord. SEE DIGITAL ^x J.   25 26 [General statutory authorities for section A.] It is purposed that ^p and named ^dfs ^am, and Does 1-50 (Herein After as AMAZON), be enjoined in a prohibitory injunction, Authority administered through, Code Civ. Proc. § 526, See also Civ. Code § 3368, 3420. "Civ. Code § 3368. Preventive Relief; method of giving- Preventive relief is given by prohibiting a party from doing that which ought not to be 27 28 done." * ~h V. ^am ~0 @ 6  Case ^c1 Document 3 Filed 03/12/24 @ 17 of 40 1 Civ. Code § 3420. Preventive Relief; injunction- 2 "Preventive relief is granted by injunction, provisional or final. 3 Cal. Code Civ. Proc § 526, 4 “(a) An injunction may be granted in the following cases: 5 (1) When it appears by the complaint that the ^p is entitled to the relief demanded, 6 and the relief, or any part thereof, consists in restraining the commission or continuance of the act 7 complained of, either for a limited period or perpetually. (2) When it appears by the complaint or 8 affidavits that the commission or continuance of some act during the litigation would produce 9 waste, or great or irreparable injury, to a party to the action. (3) When it appears, during the 10 litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or   14   suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual. (4) When pecuniary compensation would not afford adequate relief. (5) Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief." It is purposed that AMAZON restrain from actions described in in A and B of section III. of this document (III. NOTICE OF ~m AND ~m FOR ~3), however this may require some affirmative action or mandatory action, 19 particularly noted in section B, to compel ^am, to revoke the permanent ban. 18 20 An injunction may have mandatory aspects and still be deemed prohibitory. [See 21 Youngblood v. Wilcox (1987) 207 Cal. App. 3d 1368, 1372 n. 1, 155 Cal. Rptr. 527 (Injunction to 22 23 24 25 prevent club from prohibiting ousted members from use and enjoyment of club facilities pending determination on mertis)] (Excerpt from this case provided as DIGITAL ^x F.) Code Civ. Proc. § 527. “(a) A ~3 may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary 27 injunction shall be granted without notice to the opposing party." 26 28 * ~h V. ^am ~0 @ 7  Case ^c1 Document 3 Filed 03/12/24 @ 18 of 40     24 (B.) PRESERVATION OF STATUS QUO [POINTS AND ARGUMENTS FOR SECTION B.J It is purposed that parties enter into this injunction, pending litigation, to preserve the status quo of the existing Amazon services, pending a decision on the merits."
   },
   {
     "id": 2,
     "text": "^p wishes to be able to enjoy some semblance of the life he had before he was injured by AMAZON. This includes to be able to fully enjoy all the services of the product "New World" which ^p has invested more than 10,000 hours and $1700 dollars [see DIGITAL ^xS G. and H. respectively]. ^p has also suffered damages to his intellectual property across Twitch.tv/^d and YouTube.com/^d—in that he now fears repeated harm and retaliation from AMAZON, because of ^p's lawsuit. AMAZON Employees have purposely closed tech support chats when ^p was trying to report in-game harassment. [see DIGITAL ^x I.] ^p was harassed by AMAZON Employees, and permanently banned from the New World Official Discord and his online Persona or Intellectual Property referred to as “^d” was damaged and threatened by the creation of "^d” as a "community flagged word". As community management effectively have moved to erase the ^p and content creator, “^d”—from the New World Community. [See DIGITAL ^xS J. AND C.] [LEGAL AUTHORITIES SECTION B.J "[A]n injunction preventing the ^df from committing additional violations of the law may not be recharacterized as mandatory merely because it requires the ^df to abandon a course of repeated conduct as to which the ^df asserts a right of some sort. In such cases, the essentially prohibitory character of the order can be seen more clearly by measuring the status quo from the time before the contested conduct began." Daly v. San Bernadino County Bd. of Supervisors, 11 Cal. 5th 1030, 282 Cal. Rptr. 3d 282, 492 P3.d 921 (Cal. 2021). The factor of interim harm involves consideration of such things as the inadequacy of other remedies, the degree of irreparable harm, and the necessity of preserving the status quo. 26 Abrams v. St. John's Hospital & Health Center, 25 Cal. App. 4th 628, 636, 30 Cal. Rptr. 2d 603 (2d Dist. 1994); 14859 Moorpark Homeowner's Assʼn v. Vrt Corp., 63 Cal. App. 4th 1396, 74 Cal. Rptr. 2d 712 (2d Dist. 1998). ~h V. ^am * ~0 @ 8  Case ^c1 Document 3 Filed 03/12/24 @ 19 of 40   7 (C.) INTERIM HARM AND INJUNCTION TO PREVENT IRREPERABLE HARM [POINT AND ARGUMENT SECTION C.J To prevent irreparable harm. ^p has already suffered irreparable harm, from the first Banning, by ^am or its affiliates at Amazon Games, Community Management, when they expelled him from the "club, association, or community" known as the New World Official Discord. ^p will continue to suffer irreparable harm if this ban is not lifted and 8 services restored to their original status quo, or state of enjoyment before the harassment began. 9 ^p lives now in continual fear for his investment of over 10,000 hours in his New World 10   Game accounts, and over $1700 dollars [see DIGITAL ^xS G. and H. respectively], and thousands of hours created in Digital Content and Artwork across Twitch.tv, Facebook Gaming, and YouTube.com and thousands of videos. As long as the shadow of ^am, looms over the ^p in this form of perpetual nuisance, harassment, and unrelenting pressure of unrighteous dominion, ^p will 14 15 continue to suffer a loss to health, most dangerously stress upon the heart, because of the undue 16 stress of living in these new circumstances, loss of enjoyment of live, damage to intellectual 17 properties, damage to artwork, among many other types of damages. 18 [LEGAL AUTHORITIES SECTION C.J 19 Under the "irreparable injury” standard, an injunction may issue to prevent wrongs of repeated 20 and continuing character or ones that cause damages estimable only by conjecture and not by any 21 22 23 accurate standard [Huong Que, Inc v. Mitchell Brothers' Santa Ana Theater (1981) 118 Cal. App. 3d 863, 870-871, 173 Cal. Rptr. 476; Wind v. Herbert (1960) 186 Cal. App. 2d 276, 285, 8 cal. Rptr. 817] 24 25 A ~3 will issue when it would be extremely difficult to ascertain the amount of compensation that would afford adequate relief [Code Civ. Proc. § 526(a)(5)]. A ~3 may be granted when it appears that the party applying for relief 26 27 is entitled to the relief demanded, and all or part of the relief consists in restraining the 28 * ~h V. ^am ~0 @ 9  Case ^c1 Document 3 Filed 03/12/24 @ 20 of 40 1 commission or continuance of the act complained of (or commanding certain conduct) either for a limited period or perpetually. [Code Civ. Proc § 526(a)(1). 2     16 A ~3 may be granted when it appears by the verified complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party in the action. [Code Civ. Proc § 526(a)(2)]. An order granting a ~3 is not fatally flawed because it contains no explicit finding that the injunction is necessary to prevent irreparable injury. [Conover v. Hall (1974) 11 Cal. 3d 384, 850, 114, Cal. Rptr. 642. 523 P. 2d 682]. Whether the damage and injury inflicted is irreparable and entitles the applicant to injunctive relief is so intimately bound up with the question of the availability of an adequate remedy at law that the two may well be considered together [People v. Monterey Fish Products Co. (1925) 195 Cal. 548, 564, 234 P. 398] A ~3 will issue when pecuniary compensation would not afford adequate relief [Code Civ. Proc. § 526(a)(4)], for example when injury to real property is threatened [Contra Costa County v. Pinole Point Properties, LLC (2015) 235 Cal. App. 4th 914, 940-941, 186 Cal. Rptr. 3d 109. 17   (D). BALANCING OF HARDSHIPS, BALANCE OF EQUITIES [POINT AND ARGUMENT SECTION D.] ^p is alone for the time being, in his struggle against a corporate power, ^am, without representation, and suffering irreparable harms each day. Whilst the only things requested of ^am, is essentially to revoke the ban in the New World Official Discord, and not Ban or Disrupt any of ^ps Amazon related services, throughout the duration of pending litigations, or until final judgement upon the merits. ^am, must exercise 5 minutes of community management's hourly work pay, to overturn and discontinue upholding the Permanent Ban upon the ^p. The Graphical User Interface of Discord, can be navigated, and this can be achieve in less than 30 seconds. That is, to revoke this ban, if someone in Community Management knows what they are doing, this can * ~h V. ^am ~0 @ 10  Case ^c1 Document 3 Filed 03/12/24 @ 21 of 40   5 be achieved in less than 30 seconds. Amazon Games community management already demonstrated such abilities, when they created the name “^d” as a community flagged word. Additionally it costs nothing for ^am, to simply refrain from retaliation, and to refrain from banning or disrupting any of ^p's Amazon related services. Again the whole of this injunction can be satisfied in under 10 minutes, or someone's regular management, workday 6 hourly wage. 7 8 9 Whereas ^p will have to continue to live in Fear, and other damages as listed in the section above, To Prevent Irreparable Harm. 10     21 22 (E). A BOND IS UNNECESSARY [POINTS AND AUTHORITIES SECTION E.J ^p is pleading to waive bond, on grounds that it is unnecessary. Because it comes at no cost for ^am, to do the right thing, and refrain from retaliation, ^p is therefore pleading that any bond be waived. Civil Code § 3513, which provides that “Anyone may waive the advantage of a law intended solely for his benefit." Cal. Code of Civil Procedure § 529; "On granting an injunction, the court or judge must require an undertaking on the part of the applicant to the effect that the applicant will pay to the party enjoined any damages, not exceeding an amount to be specified, the party may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled to the injunction." 23   Section 529 uses the mandatory term "must," but contains no provision that prohibits the waiver of the injunction bond requirement. (See Bickel v. City of Piedmont (1997) 16 Cal.4th 1040, 1049, fn. 4 [California follows established principle that statutory rights may be waived unless statute specifically prohibits waiver]. * ~h V. ^am ~0 @ 11    Case ^c1 Document 3 Filed 03/12/24 @ 22 of 40 DECLARATIONS 4 A. SUPPORTING DECLARATION OF ^p ^a 5 6 I, ^a, DECLARE; 7 I am ^p in this action,     Having to live in fear is the greatest damage of all. I cannot fully articulate the extent of fear that I have had to live with since I was Hospitalized. All of the different types of fear from worrying about my health and my family, to worrying about my intellectual properties, my artwork. Fear of how I am going to be able to wage a legal battle with no experience or lawyer but knowing that anything could happen as my health degenerates. Fear of not understanding the full extent, and severity of my Congestive Heart Failure, and trying to navigate securing proper medical care under the "Medi-Cal" umbrella. Perhaps worst of all, what ^am, (Hereinafter as Amazon), is now yet poised to do in response to the legal proceedings. Amazon has power to take all of the things I have loved in the last years since covid and burn all my dreams, and my time and money invested, in this artwork, and creation of Intellectual Properties, and to be fair, many fond memories in spite of being injured at their hand. I am still in shock over what has happened, but I knew it would behoove me to file and organize my complaints and grievances as soon as possible. Even with the diagnosis of Congestive Heart Failure, the outlook is grim. I haven't even been able to secure my first Cardiology appointment, because the first provider told me when I came in, for the appointment, that he didn't accept Medi-Cal after all. Nevertheless, for my family, for myself, for all that I love and have worked at in content creation, and for the pursuit of justice, I have been desperately sailing through these deep and dark waters of fear and doubt to get to this point where I can finally hope to find relief in the form of this ~3. * ~h V. ^am ~0 @ 12  Case ^c1 Document 3 Filed 03/12/24 @ 23 of 40     14 Gaming can be a competitive world. In 2015 I was the victim of targeted harassment and abuse from employees of Daybreak Games (Formerly Sony Online Entertainment) SEE DIGITAL ^x L. It's been 8 years, 5 months since I was wrongfully banned, along with around 100 members of my Guild that I led at the time. It's a long story and I'm not going to relate all the details. I'm only referring to it because this sort of discrimination by a company or corporate power has happened to me before, but now in this generation it's so very much worse. The wonderful, and also very strange coincidence, regarding how this wrongful ban by Daybreak, was overturned, came by the saving graces of one of the greatest game developers of all time, and now as I said coincidentally--the now former CEO of Amazon Games, John Smedley. In DIGITAL ^x L, you can see the pleading I made to John, which was honestly a shot in the dark as I had obtained his e-mail just from his Twitter account back then. We're not friends or acquaintances, he just wanted to do the right thing when he saw someone in need. Unfortunately, employees of Amazon have done the exact opposite. When I told them I was being harassed on a MASSIVE scale, and as a solo player, and I was pleading for some sort of 15 escalation and investigation their employee told me to basically “leave the server" and closed the 16 17   22 23   support chat on me in the middle of our conversation. SEE DIGITAL EXIBHIT I. (This time in contrast to 2015, I wasn't leading a 300+ man Guild, I was just trying to enjoy my New World Experience, as a solo player and content creator). It's so very strange, because on the retail side, Amazon is always so quick to help me with any problems with any products or delivery, or if something goes wrong, its Amazon Heaven-but in their gaming world as my complaint says, it's literal Amazon Hell. As I stated yes gaming is a competitive environment, but it doesn't have to be toxic. And their support system in Amazon Games doesn't have to be at such terrible disparities in contrast to Amazon Retail. However, there are some very toxic employees, who have caused me intentional suffering, and have been extremely negligent to my cries for help to fix a certain aspect, of the games design, that actually was the worst design and programming experience I have ever witnessed, or been a part of, in any game. 28 ~h V. ^am * ~0 @ 13  Case ^c1 Document 3 Filed 03/12/24 @ 24 of 40   7 8 This is referred to in my complaint as Dynamic Difficulty Scaling, or generally referred to as Gear Score Scaling—(Scaling and difficultly modifications within high end dungeons). Not only did it ruin my game play experience for 7 months, but it destroyed so many other players experiences as well, not only due to the fact, that the game can be buggy, but because this design could be further exploited by malicious players, to make the game impossible for everyone to play, that was participating in that particular gameplay experience, the M10 Dungeon experience. Nevertheless I pushed through this toxic end-game experience, and toxic responses from Amazon Employees when I tried to bring it up and address it, because I saw greatness in the 9 vision of their game and I still do-but that doesn't justify how I was treated by players because of 10   14   their design flaw, or by their employees. It was cruel and wrong and unbeknownst to myself the actual stress of these events was slowly killing me, literally, by flooding my body with stress and affecting my heart health. It wasn't until November 8th, 2023, when out of the blue I was banned for nothing that I EVER experienced symptoms of Congestive Heart Failure, SEE ^x B. This was the type of conversations I was trying to engage in when something or someone was causing me to be timed out in the New World Official Discord Community. I was just having an honest to God, good gameplay experience conversation, that involved some math, and numbers and in trying to 18 describe these gameplay features with another player-when I started getting, out of the blue 19 20 these weird time outs. Then I was suddenly banned and removed, on both of my accounts. Up to that point I had achieved around 9,000 hours of gameplay experience. I had invested   over $1500 dollars, and I had been creating content, across YouTube, Facebook Gaming and Twitch for a period of over two years since the games release in September 2021-I was and still am one of the most dedicated supporters of the game but I am also in utter shock and disbelief over what has happened and how my life changed, when a rogue Amazon employee decided to uproot me for no reason, and ban me from the Community Discord. I don't have to decipher what makes people jealous, mad, or toxic employees, in any environment. I just know, that it happens all the time, and that someone didn't like me and they targeted me and abused me, and caused me to spiral into a whirlwind of e~mal distress, which * ~h V. ^am ~0 @ 14  Case ^c1 Document 3 Filed 03/12/24 @ 25 of 40 1 ultimately resulted in my hospitalization 12 days later on November 20th 2023. It should be noted, 2 3 this occurred, after roughly 7 months of the in game stalking, harassment, and abuses I was suffering as well. So, the 7 months of abuse in game, compounded with the abuse of November 8th.     18 19 20 To my horror and sickness on November 17th, 2023, an Amazon Retail agent who was trying to help me escalate the problem with the discord ban, to my horror and sickness, he confirmed to me, what I had suspected after so many terrible and strange in game experiences; he told me that "Staff was found manipulating your in-game experience". The compounding stress of the whole situation, the fear of losing all I had invested in and loved since Covid, being threatened and destroyed-just because some employees didn't like me and their end-game design had a frankly awful mechanic—that I tried to be vocal about and report to the right channels, both in the New World Official Discord, and to Tech Support (which decided closing the chat support over and over was the best way to resolve the situation); this compounding stress caused me to be hospitalized. And Now I have a new life, and I live in shock and fear of what is going to happen next, but I have no other hope but to resolve these things through the legal system. Frankly I am again exhausted, now in this moment, because I have been doing this all on my own, all the research and trying to properly frame and follow all the rules of procedure and rules of the court, and processes to begin this Lawsuit. I am just so simply exhausted and destroyed right now, but I have to do this at least get it started so I can properly focus on finding legal representation, or aid, and I can focus on rehabilitation of my heart and rehabilitation of my artwork and channels. I must frankly apologize to the legal professionals who are reading or seeing these 21 22 pleadings. I know they are complex, they are probably not of a very high standard of quality in 23 terms of presentation, to what you normally see, but again I have been trying to do this all on my 24 25 own because it's a very complex and sophisticated issue that frankly has been very hard to even explain to my family. 26 The rest of my declaration is abridged notes that I have taken along the way-so I 27 apologize in advance for the grammatical errors and the altogether disarray of things but this is 28 ~h V. ^am * ~0 @ 15  Case ^c1 Document 3 Filed 03/12/24 @ 26 of 40       21 22 the best that I can produce at this time and I wish to be thorough and thoughtful in all my endeavors to document and articulate what I have experienced. My abridged notes while preparing for this ~3- From the moment that Amazon banned me from Discord they began to dismantle my intellectual properties and damage my character and damage my intellectual properties. On November 8th, I began to spiral and swirl into a whirlpool of intense e~mal distress, as I began to fear for the safety of my investment (of now over 10,000 hours and over $1700 dollars). Stress is always exceptionally difficult for me to deal with because of my complex childhood PTSD and other things that caused me develop PTSD throughout life and in the service of the USARMY. Gaming has always been my outlet, and the world that I go to for peace and adventures. It is also where I have found a place to create my artwork in the form of Digital Content, and share my adventures with others. It has been of great therapeutic relief for me to feel that I have my own business, and my own productivity, albeit I am disabled. Nevertheless, it has been of great relief for me to be able to feel somewhat “normal” or “functional” in that I view all of my channels, my artwork, and my intellectual properties as my business. I have had wonderful opportunities to work with some of the greatest gaming developers, although my success is not tremendous, but small financially speaking- nevertheless it has given me much therapeutic relief and joy to be able to be productive and independent in this respect. On November 8th, 2023, when a rogue employee of Amazon Games from within Community Management targeted me, and banned me from the community, I suffered the greatest PTSD triggers of my life, inner turmoil, and greatest e~mal distress that I have ever experienced in 23 24 my life. I immediately began having chest pains, and finding it difficult to breathe. My nights 25 between November 8th 2023, to November 20th were restless and filled with nightmares, anger, and 26 distress. 27 28 * ~h V. ^am ~0 @ 16  Case ^c1 Document 3 Filed 03/12/24 @ 27 of 40   7 Simply having an active lawsuit forces me to protect my privacy as well as damages my intellectual properties. As a result of protecting my privacy and unpublishing thousands of videos, from my Twitch and YouTube accounts, I have already began to suffer economical damages monetary damages and artistic damages. Banning me from the new world official Discord was effectively banning me from the new world community and it created an extreme exacerbation of congestive heart failure, which I 8 didn't know I had developed but it also contributed to the congestive heart failure itself. It is also 9 possible that I had suffered some silent heart attacks, or heart attacks but further cardiological 10 treatment and investigation needs to be administered to ascertain more information. 11 12 I have suffered irreparable harm, and I will continue to suffer irreparable harm and damage if I am completely banned from my game accounts due to potential Amazon retaliation, 13 14 because of the Lawsuit. I fear for my own safety knowing that a corporate power could exercise 15 unrighteous dominion further upon me. 16 17 18 19 20   I am in literal fear knowing that Amazon now knows who I am, and I feel like a moving target. Therefore, joining Amazon in a prohibitory injunction will bring relief to me knowing that the court and the law understands my situation. I wish to return to some form of status quo, to the time before I was harmed, and before my injuries. I wish to enjoy the new world official Discord and have the wrongful ban, overturned through the mandatory elements of this ~3. When I was wrongfully banned from that Discord, that's when I started having trouble breathing, my nights were restless and my sleep was void of rest, my days and my nights were 25 26 filled with exquisite frustration and fear and irritation. I felt a burning rage, but I knew that I 27 couldn't do anything with it, that I couldn't yell or solve my problems with any sort of anger, and I 28 somehow swallowed this anger and held it inside of myself and inside of my person. * ~h V. ^am ~0 @ 17  Case ^c1 Document 3 Filed 03/12/24 @ 28 of 40 1 Previous to November 8th 2023, I'd never experienced any symptoms of heart failure but 2 3 4 5 after I was banned from the community and they threatened everything I had worked on for the last 2 years I was completely broken. I didn't know what else they were capable of doing. I feared for everything I had created, and invested in, knowing they have the power to simply ban me with impunity, or because they don't like me.     14 I also do not fully understand the magnitude that worry has on my heart I do not know to what extent current stressors can still hurt my heart, but I know that they are very bad for heart health. This is still bizarre for me and I wake up in shock everyday, I'm in shock that I have a lawsuit I'm in shock that I'm dying, and I'm in shock that any of this is actually real and I have to go through that process every day. I have already suffered irreparable harm to my health, life well-being happiness and to my intellectual properties. If we are not enjoined in an injunction, then I will have no relief, then I will continue to suffer irreparable harm in that I fear for my own safety and the safety of my 15 intellectual properties and access to my game accounts and my Amazon services. 16 17   22 23   I will suffer irreparable harm as fear the threatens to take all that I have built and worked for over the last 2 years, that it can be whimsically destroyed for no reason, that all my hard work and my artwork can be whimsically destroyed with impunity. I will suffer irreparable harm if I must continue to live in fear that Amazon has the power to destroy all my artwork and my hard work, that they have power to destroy these things with impunity and with the power to exercise unrighteous dominion over me. I will continue to suffer irreparable harm if I live in fear, and if it is permitted that said fear can continue to trigger nightmares trigger my PTSD and trigger stress hormones, to be released into my blood and to increase my blood pressure and to affect my heart health. 28 * ~h V. ^am ~0 @ 18  Case ^c1 Document 3 Filed 03/12/24 @ 29 of 40   5 My intellectual properties have already been damaged as I must protect my privacy and unpublish so much of my content during these proceedings and litigation. I suffer daily knowing that Amazon has the power to destroy all that I love and have built with my over $1,700 investment and over 10,000 hours invested in the new world game and community and in my new world accounts. 6 7 My content is my artwork. My time spent is my artwork and my warm place. And it's like   11 12 my service animal, the thing that brings me peace in my disability....this is as damaging to me as taking my health and my life. My artwork, my content, my intellectual properties, my life, and the damages caused to them by Amazon doesn't have a price tag. My experience with Amazon in the digital and gaming world has been terrible and 13 unpleasant and it has injured me and damaged me, and I want this injunction to prevent future 14 1.5 16 17   22 23 irreparable harm pending decision on the merits. I want Amazon games to succeed but it has to be Amazon, the real Amazon and the Games Studio coming together in harmony with Amazon policies and procedures and Amazon needs to take responsibility for causing me this harm. If I have been affected by rogue Amazon employees, how many other players have been affected on the platform. If it happened to me who else is being affected? We are becoming more of a digital world. And we need to be sensitive to that truth. And we cannot let malicious programming or faulty programming Foster a toxic environment whether it's a digital environment or a real-life environment. 24 25 Gaming already has a competitive disposition, but we do not need to foster or feed into the 26 toxic gamer stereotype. If we overlook these digital crimes or digital injustices then we are lacking 27 28 in our laws because our laws must adapt with society as society becomes more digital or intellectual properties, digital properties, become part of civilization. * ~h V. ^am ~0 @ 19  Case ^c1 Document 3 Filed 03/12/24 @ 30 of 40   I wish to return to the former status quo, of creating my artwork, enjoying my creations, through my content, enjoying the game (aside from the harassment, stalking and bullying that was part of the M10 Gear Score scaling design). I want to be able to enjoy the New World community Discord, I want to repair my health, freedoms and my happiness, which is all currently at jeopardy knowing that Amazon has the power to terminate all of my services in retaliation to the lawsuit. 7   11 This ~3 will work to preserve the status quo of my services, inasmuch as it is possible considering the irreparable harm that has already occurred. This ~3 will help to preserve status quo by preventing future irreparable harm; harms that have come in the form of more damaged, intellectual property, damaged passion, artwork, health, 12 stress, that contributes to heart failure, stress from having the shadow of Amazon stalkers or 13 malicious community management lying in wait to destroy me, or to destroy and interrupt my services. 14 15 16 At the end of the day, you can't put a price tag on happiness, or the pursuit of 17   22 23 happiness. Equally my business, my artwork, and my intellectual properties and my right to continue to create art, business and intellectual properties Should not be abridged by the arbitrary acts of malicious Amazon employees. My heart is wracked with pain and sorrow. My hobby, my business, my art, my adventures, are all in ruin, and my health is in ruin, because some rogue Amazon employees want to be internet bullies.   SEE ^x K – Which I reported to the Dr. I was having nightmares, and panic attacks and PTSD triggers, causing me tremendous stress after I was targeted and harassed by Amazon employees. * ~h V. ^am ~0 @ 20  Case ^c1 Document 3 Filed 03/12/24 @ 31 of 40   11 12 Ending of my abridged notes... Again, I apologize for the informal or non-linear portions of this declaration, but these were all important notes I had preserved, and it has been altogether so exhausting and heart- breaking, quite literally, everything I have experienced this last 10 months or so. I am trying my best to format and create this document, in very difficult circumstances. So I plead for understanding, under these time constraints, and complete lack of experience. I know that what is ahead isn't going to be easy, but strangely enough, filing this ~3 is the light at the end of the tunnel for me. I hope to begin to be able to repair my health, and my intellectual properties, and my artwork, and fortify myself with the power of the law going forward. Thank you for your time and consideration. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 13 14   DATE ^p IN PRO PER 18 ^a 19 20   [proceed to the following declaration] * ~h V. ^am ~0 @ 21  1 2 Case ^c1 Document 3 Filed 03/12/24 @ 32 of 40 B. SUPPORTING DECLARATION OF CHERYL DOUGLAS (MOTHER TO ^p) 3 4 I, Cheryl Douglas, Declare 5 I am mother to ^p ^a, 6 7 On Wednesday, November 8, 2023, I, Cheryl Douglas, ^a's mother, 8 9 arrived home at around 5:20 P.M. Andrew asked if he could use my phone to call Amazon customer service. Andrew was already on his phone and had another gentleman from the 10 Philippines on speaker phone and was insistent that this person escalate his phone call to Amazon 11 higher management. This person was refusing to transfer him back to retail, so Andrew asked to 12 13   21 22 23   use my phone also so that there could be proper transfer or hopes of escalation between the two calls. Andrew then used my phone from 5:20 -- 5:48 P.M. At which time I text messaged my daughter, ^l to tell her the following information. I quote, “Andrew was in quite the state of mind on an Amazon call.” “Guy with the Philippines on the phone so he calls another representative through Amazon, and he was losing his shit!” “I'm like come on Andrew get a grip!" Lauren asks, "What happened? "I quote, I don't know he purchased something, and he wanted a refund or what. But was losing his shit." On Saturday November 11, 2023, I arrived home at 9:20 A.M. from a grocery shopping trip. I observed Andrew on another phone call with Amazon. I again messaged my daughter Lauren; I quote the following statements. "Andrew is on the Amazon anxiety attack over the streaming of game again.” “Sounds like he is getting bullied.” Lauren replied, “Yea that is what he said, and they kicked him from discord for 24 hours. When he never said anything in his chat that was wrong. I am guessing he has a super hater that is an admin for Amazon.” I replied, “It's so crazy the online gaming world has keyboard nazis and they are so e~mal." Lauren's reply to me. "Exactly." 28 ~h V. ^am * ~0 @ 22  Case ^c1 Document 3 Filed 03/12/24 @ 33 of 40     24 25 I observed over the course of five days when I would come home from work each evening that Andrew was sleeping more than normal. I woke him on Thursday November 16, 2023. To ask where was our Subaru, I had not seen it for a week and was concerned it was missing. Andrew was lying in his bed in the dark he advised me that he was having trouble breathing and I immediately responded to him saying,” It sounds like a heart issue.” Having trouble breathing is most often a heart problem." I also stated that it could also be he has lung issue because he has a history of pneumonia and pleurisy of the lungs. Andrew appeared lethargic when I asked him again. “Where is the Subaru?” He told me it was in another parking stall. It has been there a week, but the battery had died. Andrew was so lethargic that he was exhausted, simply by walking, and trying to remove the dead battery from the Subaru once located. It was so difficult that I brought the wagon cart to safely take the battery to our apartment. It was observed to be a challenging task and he was disoriented during this whole time. On Friday November 17, 2024, I arrived home from work to find Andrew using the oxygen concentrator, in attempts to help him breath better. We inherited this when my father passed away. Andrew asked me if I had an extra inhaler because using the oxygen concentrator and inhaler may help him open his lungs up better. I insisted that there is something very wrong with him after being lethargic for several days and not being able to breathe. I monitored him through the weekend and told him that he needs to really seek medical attention that following Monday. On Monday November 20, 2023, I received a message form Andrew that he had decided to seek medical treatment at the emergency room at Kaiser Permanente. At around 12:20 P.M. I receive an urgent call from my daughter Lauren in distress that Andrew was leaving Kaiser Permanente and that the Emergency Room doctor indicated that Andrew was diagnosed with Congestive Heart Failure and that he only had five years to live and that he was going to leave immediately. Andrew said that Kaiser's emergency room was a wreck and completely packed and causing him even more anxiety and distress. I placed a call to Andrew and asked him to wait for 26 27 me and to not leave the hospital against medical orders. I drove as fast as I could to prevent him 28 * ~h V. ^am ~0 @ 23  Case ^c1 Document 3 Filed 03/12/24 @ 34 of 40   7 8 from leaving and I called him, and he indicated that he has left and was heading to the nearest 7- 11 that was down the street from the emergency room. I arrived at the 7-11 and observed Andrew walking very slowly into the convenience store. I observed my son to be visibly gray in color and sweating. He was unfazed by my concern that he looked like a walking corpse. I insisted that we go to another emergency room in Roseville Ca. That has better care for their acute patients. Andrew did not go to the emergency room in Roseville until the following day. The whole night Andrew's resting heartbeat rate was elevated to as high as 137 and dropped as low as fifty-two. I knew that if my son did not seek medical attention he may die. 9 10   On Tuesday November 21, 2024, we arrived at the Roseville emergency room and there was no emergency room parking close to the hospital. Andrew and I had no choice but to park about a couple of miles away, at this point Andrew was unable to walk two feet before he could not breathe. He told me to go on ahead of him. But I knew that his current medical condition was 14 15 urgent, and I called his sister to come from the Emergency Room area and take him to the doors. For him not to elope from another Emergency room. Andrew was three times the 16 numbers the day before in the Kaiser emergency room. 17   22 23 He was in a critical medical state with his congestive heart failure. All Andrew was focused on the days he spent in the hospital, during the Thanksgiving week was the maltreatment by Amazon and his numerous phone calls he had made to resolve the problem from being banned from discord. Many times, his heart rate would elevate, and his blood pressure would rise during these discussions about his frustrations with Amazon. The nurses would come in and asked him, what he was talking about, to cause his heart rate to elevate. They advised him not to have these types of conversations because it was causing stress on his heart. 24 Prior to the month of November 2023. I did not observe Andrew to be in a critical medical 25 26 27 state nor did I observe any issues with his "New World" gaming experience prior to November, but he was very isolated and retreated and immersed in his gaming experience, which he used to create content for New World across Twitch and YouTube. 28 * ~h V. ^am ~0 @ 24  Case ^c1 Document 3 Filed 03/12/24 @ 35 of 40   Andrew has been playing "New World” since we lived in Reno, Nevada in 2021 and his gaming experience has never been so detrimental to his mental or physical well-being. I am concerned that this experience that Andrew had with Amazon's employees, is not an isolated incident, being bullied or harassed, like what happened with discord. 5 6 7 Over a two-year period. Andrew has lived with me since 2012 and I have intimate knowledge of his gaming talents and experiences with the art of gaming. Including his passion for this type of outlet since he became disabled.   I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.   DATE 14 CHERYL DOUGLAS MOTHER TO ^p     [proceed to the following declaration] * ~h V. ^am ~0 @ 25    5 Case ^c1 Document 3 Filed 03/12/24 @ 36 of 40 C. DECLARATION OF ^l (SISTER TO ^p) I, ^l Declare, I am the sister of ^p ^a, 6     To whom it may concern, I, ^l, am writing this letter on behalf of my brother ^a. Before these incidents occurred with ^am, and John Doe's, Andrew was happy with his business, and did not have Congestive Heart Failure. He has been playing New World for over 2 years and has over 9,000 hours invested. Amazon has threatened his intellectual property and investments. They wrongfully banned him from the New World Official Discord community. Amazon.com, Inc employees also cyberstalked and cyberbullied him from their servers so they could manipulate gameplay, for monetary gain as well as malicious intent. When he tried to resolve the issues with customer service, they continued to exacerbate these issues, rather than resolve the problems. Due to ^am, he was hospitalized and will be permanently disabled for the rest of his life. On the day he was admitted to Sutter Roseville he was extremely pail with a grey hue to his skin. His lips were purple and I knew death was near. I have experienced seeing death before, and this was extremely traumatizing for me and my family. He suffered immensely due to the stress he was put through because of ^am Although close to death he continued to explain his frustration and stress over the actions of ^am and John Does. The cyberattacks, cyber bullying and harassment put him under extreme mental and e~mal distress. He continues to suffer because of them. Now we as a family have to endure the stress and anxiety of his condition. And worry everyday that he might pass away due to their harassment and negligence and lack of care for him. Their behavior caused gross negligence, e~mal and physical distress, financial distress to him and our entire family. To this day they still have done nothing to resolve the issues. 28 * ~h V. ^am ~0 @ 26  Case ^c1 Document 3 Filed 03/12/24 @ 37 of 40   We would like to ask the court to please have ^am, resolve all issues created on their behalf. Also, we would like the court to find Amazon.com, Inc, liable for the damages we are declaring. Sincerely, ^l   DATE     ^l SISTER TO ^p [Continue to ^xs ~toc] * ~h V. ^am ~0 @ 27    7 Case ^c1 Document 3 Filed 03/12/24 @ 38 of 40 VI. ^xS ~toc AND DESCRIPTIONS THE FOLLOWING ^xS ARE LOCATED ON THE USB THUMB DRIVE PROVIDED WITH FILING AND OR SERVICE. THESE FILES ARE LABELED AS ^x A THROUGH ^x M. THESE ^xS ARE EITHER IN.MP4 FORMAT VIEWABLE WITH VLC MEDIA PLAYER ETC, OR PDF FORMAT. 8 9     ^x A – Hospital Records from Sutter Roseville, indicating the diagnosis of Congestive Heart Failure. ^x B – Reproduction of Discord Timeouts, these reproductions were on another Discord account. It shows the kinds of messages that I was sending, and receiving Timeouts for, these types of messages. I.e. No EULA was violated, no swear words. Then I was targeted and banned. ЕХНІВІТ С – A video showing what happens when I try to connect to New World Official Discord with my business (Main Dojx account), “Unable to accept invite" = banned. The server revokes invites to my Discord Account. ^x D – Amazon.com and Amazon Games refusal to do anything to overturn wrongful new world official discord ban, as well as closing all support tickets at associate level even though I was pleading in Emails to have my support tickets escalated. ^x E – An e-mail, Day 3 of me exhausting myself trying to end Amazon Games Employees cyberstalking me and harassment. In this e-mail I was notifying them that I would have to take legal action as they kept closing my support tickets without escalation. I was also telling them it was affecting my health. None of the employees cared, or even read for all I know anything I said. They just kept closing my support tickets and cries for help. ^x F – A document of the Youngblood v. Wilcox case where an elderly couple was barred from using the services of a club they were members of. Or in other words they were 28 ~h V. ^am * NOTICED ~m FOR PRELIMINARY IN.JUNCTION @ 28  Case ^c1 Document 3 Filed 03/12/24 @ 39 of 40 1 banned from their community like I was banned from mine. For reference for the judge and 2       14 court. ^x G – video documentation of me logging into my four new world accounts, 10,000 hours invested into New World. ^x H – pdf files of my purchases of $1700 dollars USD invested in New World. ^x I – Video of excerpts from Amazon.com Agent Mark S Repeatedly closing support chat when I'm trying to report and document in-game harassment. ^x J – Video production of what happens when any user, tries to use the name ^d. ^d is now a community flagged word in the New World Official Discord. ^x K – Hospital records from Dr. Pease at Sutter Roseville, Reference to my PTSD triggers and Waking up to nightmares. As well as obvious accompanying signs of Heart Failure. ^x L – E-mail correspondence with John Smedley (Now former CEO of Amazon Games) from 2015, when ^a was the victim of Corporate Abuse, or abuse from the employees of a Company, LLC. John Smedley resolved this situation for Andrew Grant 15 ~h. Gaming can be a competitive environment, and employees of Corporations or 16 17 18 19 20 Companies, acting on behalf of those business entities, can abuse their powers. This ^x is being provided to show Evidence that ^a has been the target of Corporate Abuses of power, prior to this case with ^am, and was coincidentally relieved by John Smedley, now former CEO of Amazon Games. John Smedley, on January 11, 2023, announced his departure from Amazon Games. ^x M –– All of my Amazon services in functional and good standing on the day of 21 22 serving the complaint, and serving the notice and ~m for ~3. 23   [CONTINUE TO LAST @ PROPOSED ORDER] * ~h V. ^am ~0 @ 29  1 2 Case ^c1 Document 3 Filed 03/12/24 @ 40 of 40 VII. PROPOSED ORDER     At this time, I the ^p, ^a, feel terribly exhausted and terribly inadequate to dictate for the court any proper and legally sound or legally correct order, as I am representing myself for the present time, with hopes to be able to seek out legal aid, now that I have been able to document all of my suffering and travails. Please forgive my inadequacy at this time. I pray that the court will be able to properly understand my situation, and be able to articulate and render and order in my behalf, that can bring me finally, some relief. Thank you.   14   1.8 19 20   ~h V. ^am * ~0 @ 30  ### MINUTE ORDER ### Full docket text for document 3: ~4 by ^a. (Woodson, A) # end minute order # Case ^cc1 Document 4 Filed 03/12/24 @ 1 of 3 AO 240 (Rev. 07/10) Application to Proceed in ~dc Without Prepaying Fees or Costs (Short Form) ~2 ~dc ^a ^p/Petitioner V. ^am for the ~ed : FILED MAR 12 2024 CLERK, ~d BY ISTRICT ) ) DEPUTY CLERK ) Civil Action No. ^cc1 ) ^df/Respondent APPLICATION TO PROCEED IN ~dc WITHOUT PREPAYING FEES OR COSTS (Short Form) I am a ^p or petitioner in this case and declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief requested. In support of this application, I answer the following questions under penalty of perjury: 1. If incarcerated. I am being held at: If employed there, or have an account in the institution, I have attached to this document a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months for any institutional account in my name. I am also submitting a similar statement from any other institution where I was incarcerated during the last six months. 2. If not incarcerated. If I am employed, my employer's name and address are: My gross pay or wages are: $ (specify pay period) 1,182.00, and my take-home pay or wages are: $ 1,182.00 per month 3. Other Income. In the past 12 months, I have received income from the following sources (check all that apply): (a) Business, profession, or other self-employment Yes No (b) Rent payments, interest, or dividends Yes No (c) Pension, annuity, or life insurance payments Yes No (d) Disability, or worker's compensation payments Yes No (e) Gifts, or inheritances Yes No (f) Any other sources Yes No If you answered “Yes” to any question above, describe below or on separate @s each source of money and state the amount that you received and what you expect to receive in the future.  Case ^cc1 Document 4 Filed 03/12/24 @ 2 of 3 AO 240 (Rev. 07/10) Application to Proceed in ~dc Without Prepaying Fees or Costs (Short Form) 4. Amount of money that I have in cash or in a checking or savings account: $ $$ 41.85 5. Any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value that I own, including any item of value held in someone else's name (describe the property and its approximate value): 6. Any housing, transportation, utilities, or loan payments, or other regular monthly expenses (describe and provide the amount of the monthly expense): $ 800 Rent $$ 300 Ailities Mis C 7. Names (or, if under 18, initials only) of all persons who are dependent on me for support, my relationship with each person, and how much I contribute to their support: 8. Any debts or financial obligations (describe the amounts owed and to whom they are payable): Declaration: I declare under penalty of perjury that the above information is true and understand that a false statement may result in a dismissal of my claims. Date: 3-12-24 Qu Applicant's signature Printed name  DIRECT 8148 EN Case 2:24-cv-00729-TPB Document 4 Filed 03/12/24 @ 3 of 3 Account Balance $41.85 UNLOCKED Mastercard Actions 8148 All of Prime, half the price. Transaction Details Debit Direct Express® members can access all of Amazon Prime for $6.99/month (reg. $14.99/month). Get Details csv Create CSV PDF Create PDF Search Description Sort By Type description here Date Descending  ### MINUTE ORDER ### Full docket text for document 4: ~p by ^a. (Woodson, A) # end minute order # Case ^cc1 Document 5 Filed 03/14/24 @ 1 of 3 1 MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 2 ANNIE S. ZHANG (State Bar No. 327381) ^e1 3 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor 4 Los Angeles, California 90017-2566 Telephone: (213) 633-6800 5 Fax: (213) 633-6899 6 Attorneys for ^df ^am 7   11 ^c6 12 ^a, 13 14 V. ^p, 15 ^am, and DOES 1-50 Case No. ^cc1 STIPULATION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT 16 17   ^dfs. STIPULATION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT ^a2  Case ^cc1 Document 5 Filed 03/14/24 @ 2 of 3 1 STIPULATION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT 2 1. Pursuant to Fed. R. Civ. P. 6(b)(1) and Local Rule 144, ^df Amazon.com, 3 Inc. (“Amazon”) and ^df ^am hereby stipulate to an order extending the time 4 for Amazon to file its response to the Complaint from March 15, 2024, to April 12, 2024. 5 2. On March 8, 2024, Amazon's counsel and ^p met and conferred regarding 6 7 the case and agreed an extension of time was appropriate in this case. 8 3. Accordingly, for good cause, Amazon respectfully requests the Court extend 9 Amazon's time to respond to the Complaint from March 15, 2024, to April 12, 2024. 10 DATED: March 14, 2024 DAVIS WRIGHT TREMAINE LLP   14 15 16 By: /s/ Mark C. Burnside Attorneys for ^df ^am By: /s/ Andrew ~h Andrew ~h ^p (in pro per) Mark C. Burnside 17   1 STIPULATION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT ^a2  1 2 Case ^cc1 Document 5 Filed 03/14/24 @ 3 of 3 PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 3 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566. On March 14, 2024, I served the attached document(s) described as: STIPULATION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT by placing a true copy of said document(s) enclosed in a sealed envelope(s) for each addressee named below, with the name and address of the person served shown on the envelope as follows:   8 ^a 9 P.O. Box 278004 Sacramento, CA 95827 10 Telephone: (916) 365-5434 ^e 11 I placed such envelope(s) with postage thereon fully prepaid for deposit in the ~2 Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting 12 and processing correspondence for mailing with the ~2 Postal Service. I am familiar with the office practice of Davis Wright Tremaine LLP, for collecting and processing 13 correspondence for mailing with the ~2 Postal Service, which practice is that when correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for 14 delivering correspondence to the ~2 Postal Service, such correspondence is delivered to the ~2 Postal Service that same day in the ordinary course of business. Executed on March 14, 2024, at Los Angeles, California. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. 15 16 Federal 17 18 19 Shari Sanders 20 Print Name   Shan Sarders Signature 2 STIPULATION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT ^a2  Case ^cc1 Document 5-1 Filed 03/14/24 @ 1 of 3 1 MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 2 ANNIE S. ZHANG (State Bar No. 327381) ^e1 3 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor 4 Los Angeles, California 90017-2566 Telephone: (213) 633-6800 5 Fax: (213) 633-6899 6 Attorneys for ^df ^am 7   11 ^c6 12 ^a, 13 14 V. ^p, 15 ^am, and DOES 1-50 16 ^dfs. Case No. ^cc1 [PROPOSED] ORDER GRANTING STIPULATION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT 17   [PROPOSED] ORDER GRANTING STIPULATION TO EXTEND DEADLINE ^a2  1 Case ^cc1 Document 5-1 Filed 03/14/24 @ 2 of 3 Pursuant to the parties' Stipulation to Extend Deadline to Respond to Complaint, and for 2 good cause shown, the Court hereby orders as follows: 3 Amazon shall have until April 12, 2024, to file a response to the Complaint in this action. 4 IT IS SO ORDERED. 5 DATED: 6 HONORABLE ^n1 7 8 ~2 District Judge 9 10   14     1 [PROPOSED] ORDER GRANTING STIPULATION TO EXTEND DEADLINE ^a2    Case ^cc1 Document 5-1 Filed 03/14/24 @ 3 of 3 PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566. On March 14, 2024, I served the attached document(s) described as: 5 [PROPOSED] ORDER GRANTING STIPULATION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT 6 by placing a true copy of said document(s) enclosed in a sealed envelope(s) for each 7 addressee named below, with the name and address of the person served shown on the envelope as follows: 8 9 ^a P.O. Box 278004 10 Sacramento, CA 95827 11 Telephone: (916) 365-5434 ^e I placed such envelope(s) with postage thereon fully prepaid for deposit in the United 12 States Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service. I am familiar 13 with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service, which practice is that when 14 correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for delivering correspondence to the ~2 Postal Service, such correspondence is delivered to 15 the ~2 Postal Service that same day in the ordinary course of business. Executed on March 14, 2024, at Los Angeles, California. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. 16 17 Federal 18 19 20 Shari Sanders Print Name   Shan Sarders Signature 1 PROOF OF SERVICE ^a2  ### MINUTE ORDER ### Full docket text for document 5: STIPULATION and PROPOSED ORDER for Extend Deadline to Respond to Complaint by ^am. (Attachments: # (1) Proposed Order)(Burnside, Mark) # end minute order # ### MINUTE ORDER ### Full docket text for document 6: CONSENT/DECLINE of U.S. ^mj Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Burnside, Mark) # end minute order #   Case ^cc1 Document 7 Filed 03/13/24 @ 1 of 17 ^a ~pa, 95827 (916)-365-5434 ^e 4 ^a, IN PRO PER 5 FILED MAR 13 2024 CLERK, ~d BY CN DEPUTY CLERK 6 7 8 ~2 ~dc 9 ~ed 10 11 12 Case No.: ^cc1 13 ^a, 14 ^p, EX PARTE APPLICATION FOR ~4 ^xS SUPPLEMENT     V. ^am ^df. ~h V. ^am * I. II. III. ~~toc~ @ 1 SUPPLEMENTAL DECLARATION @ 2 ^xS...@ 4 28 U.S. CODE § 1447 (c) ~4 must be filed within 30 days of removal. EX PARTE APPLICATION FOR ~4 @ 1  Case ^cc1 Document 7 Filed 03/13/24 @ 2 of 17 1 I, ^a, the ^p in this case, am filing this declaration and 2       14 supplemental ^x list to be joined with the original filing “EX PARTE APPLICATION FOR ~4”. I am filing this the day after the original filing, as my state of mental health would not allow me to fully finish the document, but I felt it imperative to move forward with the filing and was relieved in a small degree by knowing it can be in the proper hands of the Judge, and the process to have it duly remanded has begun. I truly needed that small bit of assurance. I have been in a state of panic, fear, and anxiety as I have seen the whole process of my most fundamental filings, the original complaint and ~m for ~3, be wrongfully upheaved by Amazon's opposing council. Going forward I am also asking that Mark C. Burnside (opposing council for Amazon) behave more professionally as our disagreements about how we interpret law, and our individual rights, representing our own interests, should not boil into contention. I don't want to have a spirit of strife and contention polluting our “meet and confers". I simply want to be heard by the Judge in this particular emergency, and Ex Parte for ~4.   The following ^xs have been provided to help the readers understand my PTSD, my disabilities, and my sensitivity to stress, and its relationship to heart failure at this point. I am declaring that the removal of my case to Federal Court, is causing me undue hardship and it needs 18 19 20   to be immediately remanded back to the State of California, that I might enjoy a degree of solitude and relief knowing that my complaints, my grievances, and my disputes can be heard in the proper order in which I filed them. There is no reason that the Federal Court needs to be employed to oversee my Personal Injury claim against ^am Again the removal, has created undue hardship for myself, in lengthening and frustrating the process for emergency injunctive relief, which I had diligently and properly commenced in that court. Amazon as a pseudo-citizen, with Trillions of dollars and a law firm with over 600 25 lawyers (that's just what opposing council's website says) does not need any further advantage in 26 27 these legal proceedings and litigations against a pro se litigant. But more importantly I need to reduce the stress hormones in my bloodstream and have 28 adequate relief granted. I have tried to explain through my complaint, and the ~m for * ~h V. ^am EX PARTE APPLICATION FOR ~4 @ 2  Case ^cc1 Document 7 Filed 03/13/24 @ 3 of 17   5 ~3, the dangerous effects of INTENSE E~mAL DISTRESS, caused to me by Amazon on November 8th 2023, and the 7 months of stress I was subject to while malicious parties griefed, harassed, stalked and tormented me with impunity. To this end, of clarifying, again the dangerous effects that stress now have on my heart after being diagnosed with Congestive Heart Failure on November 20th, due to the aforementioned 6 torment I experienced-I am again imploring to the Federal Court to remand this case 7 immediately, that I may receive due aid and relief from the State of California in allowing the 8 previously scheduled proceedings and litigations to continue on in the Superior Court, County of 9 Sacramento, for my medical health, and wellness, and overall wellbeing. 10   14 15 15 17 18 19 As a disabled Veteran and U.S. Citizen by birth, I am imploring the Federal Court to honor my decision to have my case heard in the Superior Court, County of Sacramento, and requesting disability accommodations to satisfy that end. Thank you so very much, and again I am sorry for the incomplete filing the day prior, but this is an emergency, truly exacerbated by Mark C. Burnside's (opposing council's) unprofessional behavior. I am seeing my cardiologist on Friday, I want to focus on healing, and getting relief from the ~3 filed in the Superior Court schedules for May 21rst 2024. To aid the court in better understanding my Disabilities, I have added the following ^xs B through E to this declaration, to be considered along the Ex Parte Application for ~4. And to aid the court in understanding why undue hardships and undue 20 stressors need to be considered, and best avoided. 21 22 23 I declare under penalty of perjury under the laws of the State of California, and the United 24 States, that the foregoing is true and correct. 25 26 3-13-24 27 DATE 28 ~h V. ^am * ^p IN PRO PER ^a EX PARTE APPLICATION FOR ~4 @ 3    11 12 Case ^cc1 Document 7 Filed 03/13/24 @ 4 of 17 13 14 ^x B (PTSD DIAGNOSIS AGE 7)     * ~h V. ^am EX PARTE APPLICATION FOR ~4 @ 4  Case ^cc1 Document 7 Filed 03/13/24 @ 5 of 17 CLIENT: Andy ~h DATE OF BIRTH: AGE: 7 February 18, 1990 TREATMENT PLAN AP&P OFFICER: DFS CASEWORKER: Ralph Jaggi REFERRAL DATE: 1/18/90 REFERRAL SOURCE: DFS REVIEWED: 4/5/90 DSM III-R DIAGNOSTIC IMPRESSIONS: Axis I: 309.89 Axis II: V71.09 REASON FOR REFERRAL: Post traumatic distress disorder No diagnosis Andy was sexually abused by TREATMENT GOALS: 1. 2. To fully disclose the abuse describing what happened and the negative and positive feelings involved. To realize the responsibility for the abuse belongs to the perpetrator. 3. To work through feelings such as fear, guilt, helplessness and their symptoms such as nightmares, problems at school and regressive behavior. 4. ASSESSMENT OF GOAL ACCOMPLISHMENT: 1. 2. 3. Goal #1 will be accomplished when Andy fully discloses the abuse, particularly his feelings about it. Goal #2 will be accomplished when Andy can place the responsibility for the abuse on Goal #3 will be accomplished when Andy is no longer fearful of he has learned self-protection skills; when Andy places the responsibility for the abuse longer feels guilty; and when Andy feels empowered because he has learned effective ways to deal with his problems and feelings. on 4. Goal #4 will be accomplished when Andy can define. Tonet A Conderson Janet Anderson, M.S. THERAPIST C.Y. ROBY Ph.D. CLINICAL PSYCHOLOGIST        Case ^cc1 Document 7 Filed 03/13/24 @ 6 of 17 ^x C (54 THERAPY SESSIONS AS A CHILD FOR PTSD) ~h V. ^am * EX PARTE APPLICATION FOR ~4 @ 5  Case ^cc1 Document 7 Filed 03/13/24 @ 7 of 17 TERMINATION SUMMARY November 11, 1991 CLIENT: Andy Haymora REASON FOR REFERRAL: sexually abused by LENGTH OF TREATMENT: TOTAL SESSIONS: Andy was referred to ISAT because he was From 1-26-90 Το 6-12-91 54 RECOMMENDATIONS: Andy may need further therapy as he reaches later developmental stages. Barnet A Anderson Inderson, Yanet H. Anderson, M.S. I.S.A.T. Therapist    7 8 9 Case ^cc1 Document 7 Filed 03/13/24 @ 8 of 17 10 11 12 ^x D (JOINING THE ARMY WITH PRE-EXISTING PTSD) 13 14     * ~h V. ^am EX PARTE APPLICATION FOR ~4 @ 6  Case ^cc1 STELINA • DEPAR Filed 03/13/24 @ 9 of 17 DEPARTMENT OF THE ARMY CERTIFICATE OF TRAINING Is Awarded to Andrew G. ~h For Successfully Completing Basic Combat Training DELTA COMPANY AND BATTALION, 12TH INFANTRY REGIMENT Given at Fort Benning, Georgia On 16 NOVEMBER 2000 gch B MIKE BURNS LTC IN Commanding Commanding    11 Case ^cc1 Document 7 Filed 03/13/24 @ 10 of 17 12 13 14 15 ^x E (HEART FAILURE AND MENTAL HEALTH A CDC STUDY) 16 17   ~h V. ^am * EX PARTE APPLICATION FOR ~4 @ 7  Case ^cc1 Document 7 Filed 03/13/24 Rage 1 toef languages DC Centers for Disease Control and Prevention CDC 24/7: Saving Lives, Protecting People™™ Heart Disease Heart Disease Home Heart Disease and Mental Health Disorders Mental health is an important part of overall health and refers to a person's e~mal, psychological, and social well-being. Mental health involves how we think, feel, act, and make choices. Mental health disorders can be short- or long-term and can interfere with a person's mood, behavior, thinking, and ability to relate to others. Various studies have shown the impact of trauma, depression, anxiety, and stress on the body, including stress on the heart. 1-3 What mental health disorders are related to heart disease? Some of the most commonly studied mental health disorders associated with heart disease or related risk factors include the following:* Mood Disorders: People living with mood disorders, such as major depression or bipolar disorder, find that their mood affects both psychological and mental well-being nearly every day for most of the day. Anxiety Disorders: People respond to certain objects or situations with fear, dread, or terror. Anxiety disorders include generalized anxiety, social anxiety, panic disorders, and phobias. Post-Traumatic Stress Disorder (PTSD): People can experience PTSD after undergoing a traumatic life experience, such as war, natural disaster, or any other serious incident.  are stress ccom Chronic Stress: People 24-26BB82menempariospy Document Filed 03/13/24 by predictablagecher17 Br 12 of physiological, and behavioral changes-that is constant and persists over an extended period of time. *There may be other behavioral health disorders, such as substance use disorders, that are connected to heart disease. What is the connection between mental health disorders and heart disease? A large and growing body of research shows that mental health is associated with risk factors for heart disease before a diagnosis of a mental health disorder and during treatment. These effects can arise both directly, through biological pathways, and indirectly, through risky health behaviors.5 People experiencing depression, anxiety, stress, and even PTSD over a long period of time may experience certain physiologic effects on the body, such as increased cardiac reactivity (e.g., increased heart rate and blood pressure), reduced blood flow to the heart, and heightened levels of cortisol. Over time, these physiologic effects can lead to calcium buildup in the arteries, metabolic disease, and heart disease. 1,6-11 Evidence shows that mental health disorders-such as depression, anxiety, and PTSD-can develop after cardiac events, including heart failure, stroke, and heart attack. 5,12-20 These disorders can be brought on after an acute heart disease event from factors including pain, fear of death or disability, and financial problems associated with the event. 5,16 Some literature notes the impact of medicines used to treat mental health disorders on cardiometabolic disease risk. The use of some antipsychotic medications has been associated with obesity, insulin resistance, diabetes, heart attacks, atrial fibrillation, stroke, and death. 21 Mental health disorders such as anxiety and depression may increase the chance of adopting behaviors such as smoking, inactive lifestyle, or failure to take prescribed medications. This is because people experiencing a mental health disorder may have fewer healthy coping strategies for stressful situations, making it difficult for them to make healthy lifestyle choices to reduce their risk for heart disease.5 Possible physiological pathways include pain, fear, increased cardiac reactivity, reduced blood flow to the heart, and increased cortisol. stroke heart failure cardiovascular disease metabolic disease coronary artery calcification heart attack anxiety depression chronic stress post traumatic stress disorder Possible behavioral pathways include medication non-adherence, smoking, and physical Inactivity. View Larger What groups have higher rates of heart disease from mental health disorders?  Specific populationssle az 129fd90087 9Trishanigtesoftheatherpese a Faleros/PS/2istins age 1517 disorders: Veterans. Studies found that veterans are at a higher risk for heart disease, mainly due to PTSD as a result of combat. 22-26 Women. Studies exclusively focused on women found that PTSD and depression may have damaging effects on physical health, particularly with increased risk for coronary heart disease (CHD)-related morbidity and mortality. 27.28 Couples with someone who has PTSD. Comparative studies found that couples where one or both partners had PTSD experienced more severe conflict, greater anger, and increased cardiovascular reactivity to conflict discussions than couples where neither partner had PTSD. Anger and physiological stress responses to couple discord might contribute to CHD and heart disease risk within these relationships,29,30 Racial and ethnic minorities. Lastly, studies focused on racial or ethnic minority groups found that depression, stress, and anxiety due to disparities in social determinants of health, 31 adverse childhood experiences, 32 and racism/ discrimination 33-35 could place certain subpopulations at a higher risk for hypertension, 32,33,35,36 cardiovascular reactivity, 35 heart disease, 31,34 and poor heart health outcomes. 37 What can be done for people with mental health disorders? Addressing mental health disorders early by providing access to appropriate services and support to increase healthy behaviors (e.g., increased physical activity, improved diet quality, and reduced smoking) can reduce someone's risk of experiencing a heart disease event, 13,15,17,19,28,38-40 Below are some actions that health care systems, health care professionals, individuals, and researchers can take to promote heart disease prevention and support mental health. Actions for Health Care Systems • Set up multidisciplinary teams that include both mental health and heart disease professionals, 41-44 • Employ clinical decision support or electronic health record systems to coordinate care among the multidisciplinary teams. 42,43 Actions for Health Care Professionals • Learn more about the link between mental health and heart disease19 with the following resources: • National Institute of Mental Health  • America-ZAOOMLIONTIMNIKBdy bathimeritisealed 03/13/24 @ 14 of 17 • American Heart Association, "Mental Health and Heart Health" • Talk to your patients about the relationship between mental health and heart disease, 1,28,39,45,46 • Incorporate mental health screening and treatment into care surrounding a major heart disease event and chronic disease, 2,6,8,17,21,25,32,40,45,47 • Involve individuals and their family members in communication and decision making regarding treatment following a heart disease event. 15 i • For patients with severe mental health disorders and pre-existing heart disease or its risk factors:21 a. Consider prescribing or switching a patient to a psychotropic medication with lower risk for heart disease, while weighing any clinical benefits and potential for adverse events. b. Consider the potential interactions between prescribed medicines for heart disease and prescribed psychotropic medications. c. Monitor heart health outcomes and risk factors, and adjust doses of heart disease medicines if required. Actions for Individuals • Recognize the signs and symptoms of mental health disorders and heart disease. • Talk with your health care professionals about potential heart conditions in relation to your mental health disorder and treatment options.4 • Know that your family history and genetic factors likely play some role in your risk for heart disease. • Know which conditions increase the risk of heart disease. • Maintain a healthy lifestyle. Actions for Researchers • Address the role of social determinants of health and health disparities in improving the intersection between mental health and heart health outcomes. 48,49 • Understand the link and impact of mental health on the prevention and treatment of heart disease and its risk factors.44 • Describe the biological pathway between mental health disorders and heart disease to understand the intermediate and long-term outcomes (e.g., chronic inflammation, cardiac reactivity, heart rate variability, and coronary artery calcification). 29,44,47,50-54 • Analyze the impact of e~mal well-being (i.e., a state in which people understand and manage their e~ms through achievable goals, positive relationships, and responsible decision making) on mental health and physical health. 55,56 • Expand traditional heart disease risk assessments, such as the Atherosclerotic Cardiovascular Disease Risk Estimator or Framingham 10-Year Risk of General Cardiovascular Disease,57 to include mental health disorders. • Develop valid and reliable screening instruments to help identify vulnerable populations. 12 More Information For more information about the link between mental health and heart disease, see the following resources: • Centers for Disease Control and Prevention: Behavioral Risk Factor Surveillance System • Centers for Disease Control and Prevention: Interactive Atlas of Heart Disease and Stroke • Centers for Disease Control and Prevention: Mental Health • Centers for Disease Control and Prevention; National Health and Nutrition Examination Survey • Cleveland Clinic: Depression & Heart Disease • National Institute of Mental Health: Chronic Illness & Mental Health • Substance Abuse and Mental Health Services Administration (SAMHSA)-Health Resources and Services Administration  (HRSA): Center2.24 EV-00729 TMDB Document 7 Filed 03/13/24 @ 15 of 17 • World Health Organization: Mental Health References 1. 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Katon WJ, Lin EH, Von Korff M, Ciechanowski P, Ludman EJ, Young B, et al. Collaborative care for patients with depression and chronic illnesses. N Engl J Med 2010;363(27):2611-20. 42. Community Preventive Services Task Force. Recommendation for use of collaborative care for the management of depressive disorders. Am J Prev Med 2012;42(5):521-4. 43. Thota AB, Sipe TA, Byard GJ, Zometa CS, Hahn RA, McKnight-Eily LR, et al. Collaborative care to improve the management of depressive disorders: a Community Guide systematic review and meta-analysis. Am J Prev Med 2012;42(5):525-38. 44. Gerber MR, King MW, Iverson KM, Pineles SL, Haskell SG. Association between mental health burden and coronary artery disease in U.S. women veterans over 45: a national cross-sectional study. J Womens Health 2018;27(3):238-44. 45. Hawkley LLC, Masi CM, Berry JD, Cacioppo JT. Loneliness is a unique predictor of age-related differences in systolic blood pressure. Psychol Aging 2006;21(1):152-64. 46. Zen AL, Whooley MA, Zhao S, Cohen BE. Post-traumatic stress disorder is associated with poor health behaviors: findings from the Heart and Soul Study. Health Psychol 2012;31(2):194-201. 47. Kinder LS, Kamarck TW, Baum A, Orchard TJ. Depressive symptomatology and coronary heart disease in type I  2002;2 diabetes mellitusia study EngineerraNISOB HABIBCIKKEKZ2;13/24 @ 17 of 17 48. Havranek EP, Mujahid MS, Barr DA, Blair IV, Cohen MS, Cruz-Flores S, et al. Social determinants of risk and outcomes for cardiovascular disease: a scientific statement from the American Heart Association. Circulation 2015;132(9):873- 98. 49. Tawakol A, Osborne MT, Wang Y, Hammed B, Tung B, Patrich T, et al. Stress-associated neurobiological pathway linking socioeconomic disparities to cardiovascular disease. J Am Coll Cardiol 2019;73(25):3243-55. 50. Agorastos A, Boel JA, Heppner PS, Hager T, Moeller-Bertram T, Haji U, et al. 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   },
   {
     "id": 3,
     "text": "Eur Heart/2008;29(9): 1110-7. 53. Rohleder N. Stress system regulation of chronic low-grade inflammation. Adv Neuroimmune Biol 2012;3(3):265-76. 54. Smith TW, Uchino BN, Berg CA, Florsheim P, Pearce G, Hawkins M, et al. Associations of self-reports versus spouse ratings of negative affectivity, dominance, and affiliation with coronary artery disease: where should we look and who should we ask when studying personality and health? Health Psychol 2008;27(6):676-84. 55. Kubzansky LD, Huffman JC, Boehm JK, Hernandez R, Kim ES, Koga HK, et al. Positive psychological well-being and cardiovascular disease: JACC Health Pro~m Series. J Am Coll Cardiol 2018;72(12):1382-96. 56. Sin NL. The protective role of positive well-being in cardiovascular disease: review of current evidence, mechanisms, and clinical implications. Curr Cardiol Rep 2016;18(11):106. 57. Jin H, Folsom D, Sasaki A, Mudaliar S, Henry R, Torres M, et al. Increased Framingham 10-year risk of coronary heart disease in middle-aged and older patients with psychotic symptoms. Schizophr Res 2011;125(2-3):295-9. Last Reviewed: May 6, 2020 Source: National Center for Chronic Disease Prevention and Health Pro~m, Division for Heart Disease and Stroke Prevention  Case ^cc1 Document 7-1 Filed 03/13/24 @ 1 of 5 1 ^a 2 ~pa, 95827 (916)-365-5434 3 ^e 4 ^a, IN PRO PER 5 FILED MAR 13 2024 CLERK, ~d BY CN DEPUTY CLERK   ^c6 12 Case No.: ^cc1 13 ^a, 14 ^p, EX PARTE APPLICATION FOR ~4 MEMORANDUM OF POINTS AND AUTHORITIES     V. ^am ^df. ~h V. ^am * I. II. ~~toc~@ 1 MEMORANDUM OF POINTS AND AUTHORITIES @ 2 28 U.S. CODE § 1447 (c) ~4 must be filed within 30 days of removal. EX PARTE APPLICATION FOR ~4 @ 1  Case ^cc1 Document 7-1 Filed 03/13/24 @ 2 of 5   I, ^a, the ^p in this case, am filing this memorandum of points and authorities, to satisfy the process of Ex Parte ~m For Remand, which filing began on March 13th 2024 in the Federal Court, ~ed. This Memorandum of Points and Authorities is to be attached to the original filing, and also to be considered with the additional supplemental ^xs filing [which was to correct original filing which was done in haste, emergency, and a state of e~mal distress and duress]. I am using the words duress, because after my "good faith meet and confer" I was deeply troubled and unable to properly finish my document. However I desired to timely file, and act swiftly with my response to the action of Removal.     21 22 23 Point 1 - Actions cannot be removed on the basis of diversity if any ^df properly joined and served is a citizen of the state in which the action is brought, even though diversity exists and the action could have been filed originally in federal court. (28 USC § 1441(b)(2) Point 2 - The citizenship of a limited liability company for diversity purposes is determined by examining the citizenship of each member of the company. (D.B Zwirn Special opportunities Fund, L.P. v Mehtrotra (1st Cir. 2011) 661 F2d 124, 125-126; Rolling Greens MHP, L.P. v. Comcast SCH Holdings, L.L.C. (11th Cir. 2004) 374 f3d 1020, 1021-1022. Argument for points 1-2; Amazon operates and does business in California under ^am, Services LLC. Amazon Games has two Studios in California, one is in San Diego, and the other is in Orange County. In my initial filing in the Superior Court, I reserved myself John Does 1-50, this was to include any Developers, Moderators, Live Testers, and or any other employee functioning in any capacity within the state of California, and John Doe #1 and 24 #2's citizenship has not been identified. In fine, the developers specifically and anyone involved in 25 creating and maintaining the code and design that injured me, is responsible and associated with 26 27 employees in Amazon Games Studio, San Diego, and Orange County. There is most certainly local ^dfs among these employees liable. 28 * ~h V. ^am EX PARTE APPLICATION FOR ~4 @ 2  1 Case ^cc1 Document 7-1 Filed 03/13/24 @ 3 of 5 2     18 19 Point 3 - Principal place of injury [28 USC §1332(d)(4)(A)(i)] This provision is satisfied either; When principal injuries resulting from the alleged conduct of each ^df were incurred in the state in which the action was originally filed; or when principal injurites resulting from any related conduct of each ^df were incurred in that state. A remand was required where the putative class' "principal injuries" were sustained where the case was filed and resulted from “alleged conduct" or "related conduct" of either the local ^df or all the ^dfs. [See Kaufman v. Allstate New Jersey Ins. Co., Supra, 561 F3d at 158-meaning of “related conduct” not decided] Albeit this is generally referring to a Class action I believe, why should it take 40 actual human citizens, being injured in the principle place of injury, to destroy diversity against a pseudo-citizen (in this case ^am or any of its tentacles, auxiliary corporations or llcs and any of their employees doing business or functioning any any official capacity in California alone should suffice); why should 40 real humans be required (a class action) to trump a non- human corporation? I am one, actual living breathing citizen by birth and by blood, with pioneer ancestry that developed the West and Southwest, Including California, before ^am even existed. When the interests of a REAL HUMAN AND INJURED PARTY, is concerned, the interests of the human should take precedence, not the interests of a pseudo-citizen with trillions of dollars, 20 especially in a Personal Injury, where the pro-se litigant is a disable US Veteran. As stated in my 21 other declarations I have literally ever disadvantage, financially, mentally, in terms of legal 22 education, and overall general health and disposition. 23 24 25 26 I shouldn't have to go through exhaustive procedure, or undue hardship, because of the interests of a non-breathing, non-human and non-citizen business entity, which is ^am, which does business in California, and most certainly has significant gains from California more than any other state. 27 28 ~h V. ^am * EX PARTE APPLICATION FOR ~4 @ 3  Case ^cc1 Document 7-1 Filed 03/13/24 @ 4 of 5   7 8 9 Point 4- "The economy of the State of California is the largest in the ~2, with a $3.89 trillion gross state product (GSP) as of 2023. It is the largest sub-national economy in the world. If California were a sovereign nation (2024), it would rank in terms of nominal GDP as the world's fifth largest economy, behind India and ahead of United Kingdom. Additionally, California's Silicon Valley is home to some of the world's most valuable technology companies, including Apple, Alphabet, and Nvidia. In total, 11 of the Fortune 100 companies and 53 of the Fortune 500 companies are headquartered in California." It is safe to say that ^am, benefits from significant gains by doing business in California, arguably it could make most of its money in California when compared to other states, 10 especially considering Amazon Prime Video and any productions linked to Hollywood, and any products linked with Silicon Valley.       2.5 26 27 28 And even though it's not the principle state of business, California undoubtedly creates more Revenue for ^am, than Washington or Delaware. Because this Ex Parte Application for ~4 is an urgent emergency, at this time I cannot do more research, but it is sufficient to say, given proper time, resources, and physical and mental capacity, I could present a formidable argument to challenge opposing council's claims of "Diversity". I'm the human, I'm the pro-se, disabled litigant, this is a personal injury case, where I was injured in the State of California, and I would like to express my love and appreciation for this Federal Court as the staff, security, and clerks have been very warm, loving, welcome and compassionate towards me, and although I would love to meet the Judge and learn and experience more from this Venue, it is certainly not to my advantage, and is altogether contrary to my will, and the intention of my initial filing. Therefore as the Injured party, I am pleading and imploring on the basis of my medical situation and to reduce undue hardship, and undue stress, that my case be remanded immediately back to the Superior Court, County of Sacramento, and into the hands of its proper jurisdiction. Thank you for your time. * ~h V. ^am EX PARTE APPLICATION FOR ~4 @ 4        Case ^cc1 Document 7-1 Filed 03/13/24 @ 5 of 5 I declare under penalty of perjury under the laws of the State of California, and the ~2, that the foregoing is true and correct. 3-3-24 DATE ^p IN PRO PER ^a ~h V. ^am * EX PARTE APPLICATION FOR ~4 @ 5  Case ^cc1 Document 7-2 Filed 03/13/24 @ 1 of 2 NAME, ADDRESS AND TELEPHONE NUMBER OF ATTORNEY(S) ^a ~pa, 95827 (916)-365-5434 ^e In person Service of Ex Parte ~m for Remand to ^am ^c6 ^a CASE NUMBER ^cc1 ^p(S), V. ^am PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE ^df(S). I, the undersigned, certify and declare that I am over the age of 18 years, party to the above-entitled cause. On ause. pothe auction to remand State of California, and not a 20 24 I served a true copy of by personally delivering it to the person (s) indicated below in the manner as provided in FRCivP 5(b); by depositing it in the ~2 Mail in a sealed envelope with the postage thereon fully prepaid to the following: (list names and addresses for person(s) served. Attach additional @s if necessary.) Place of Mailing: 2710 G Executed on #150 2710 Gateway Oaks drive Sacramento CA (GSC) 3-13-24 20 24 at 12:52 pus Please check one of these boxes if service is made by mail: California I hereby certify that I am a member of the Bar of the ~2 ~dc, Central District of California. I hereby certify that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. I hereby certify under the penalty of perjury that the foregoing is true and correct. FILED MAR 13 2024 Signature of Person Making Service CLERK, U.S. ~dc ACKNOWLEDGEMENT OF SERVICE ~ed BY CN I, DEPUTY CLERK received a true copy of the within document on Signature ^am Party Served CV-40 (01/00) PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE  Case ^cc1 Document 7-2 Filed 03/13/24 @ 2 of 2 NAME, ADDRESS AND TELEPHONE NUMBER OF ATTORNEY(S) ^a ~pa, 95827 (916)-365-5434 ^e TO MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com ANNIE S. ZHANG (State Bar No. 327381) ^e1 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor Los Angeles, California 90017-2566 Telephone: (213) 633-6800 Fax: (213) 633-6899 ^c6 ^a CASE NUMBER ^cc1 ^p(S), V. ^am PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE ^df(S). I, the undersigned, certify and declare that I am over the age of 18 years, Fam serving-~m for ex Parte party to the above-entitled cause. On Ex Parte application for ~4 rewar State of California, and not a 20 24 I served a true copy of by personally delivering it to the person (s) indicated below in the manner as provided in FRCivP 5(b); by depositing it in the ~2 Mail in a sealed envelope with the postage thereon fully prepaid to the following: (list names and addresses for person(s) served. Attach additional @s if necessary.) Place of Mailing: 9500 Kiefer blvd Sacramento, OA-95827 Executed on 313-2024 20 24 at 12:03 pui Please check one of these boxes if service is made by mail: California I hereby certify that I am a member of the Bar of the ~2 ~dc, Central District of California. I hereby certify that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. I hereby certify under the penalty of perjury that the foregoing is true and correct. Jum Signature of Person Making Service I, Signature CV-40 (01/00) ACKNOWLEDGEMENT OF SERVICE received a true copy of the within document on ^am Party Served PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE  ### MINUTE ORDER ### Full docket text for document 7: ~4 by ^a. (Attachments: # (1) Points and Authorities, # (2) Proof of Service) (Woodson, A) # end minute order # Case ^cc1 Document 8 Filed 03/14/24 @ 1 of 6 1 MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 2 ANNIE S. ZHANG (State Bar No. 327381) ^e1 3 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor 4 Los Angeles, California 90017-2566 Telephone: (213) 633-6800 5 Fax: (213) 633-6899 6 Attorneys for ^df ^am 7   11 ^c6 12 ^a, 13 14 V. ^p, 15 ^am, and DOES 1-50 Case No. ^cc1 ~m ΤΟ EXTEND DEADLINE TO RESPOND TO COMPLAINT; DECLARATION OF MARK C. BURNSIDE 16 17   ^dfs. ~m TO EXTEND DEADLINE TO RESPOND TO COMPLAINT ^a2  1 2 Case ^cc1 Document 8 Filed 03/14/24 @ 2 of 6 ~m TO EXTEND DEADLINE TO RESPOND TO COMPLAINT 1. Pursuant to Fed. R. Civ. P. 6(b)(1) and Local Rule 144, ^df Amazon.com, 3 Inc. (“Amazon”) hereby moves this Court for an order extending the time for Amazon to file its 4 response to the Complaint from March 15, 2024, to April 12, 2024. 5 2. Good cause exists for the granting of this extension. 6 3. 7 On March 8, 2024, Amazon's counsel and ^p met and conferred regarding 8 the case and agreed a 30-day extension of time was appropriate. During this call, the subject of a 9 written stipulation memorializing the agreement was discussed, and ^p agreed to this course 10 of action. 11 4. On March 8, 2024, Amazon's counsel sent ^p an email memorializing the 12 conversation and confirming the extension. 13 5. On March 14, 2024, Amazon filed a Stipulation to Extend Deadline To Respond 14 15 To Complaint (the “Stipulation”) and a Proposed Order after emailing ^p copies of the 16 same. ECF No. 5. 17 6. After filing the Stipulation and Proposed Order, ^p emailed Amazon's 18 counsel indicating he had withdrawn his consent to the Stipulation. 19 7. Amazon reasonably relied on the March 8, 2024 conversation and has not yet 20 completed its draft of the responsive pleading. 21 8. No previous extension of time have been sought in this action. 22 9. 23 Accordingly, for good cause, Amazon respectfully requests the Court extend 24 Amazon's time to respond to the Complaint from March 15, 2024, to April 12, 2024.   1 ~m TO EXTEND DEADLINE TO RESPOND TO COMPLAINT ^a2  Case ^cc1 Document 8 Filed 03/14/24 @ 3 of 6 DATED: March 14, 2024 DAVIS WRIGHT TREMAINE LLP 2 By: /s/ Mark C. Burnside Mark C. Burnside 3 4 Attorneys for ^df ^am 5 6     2 ~m TO EXTEND DEADLINE TO RESPOND TO COMPLAINT ^a2  Case ^cc1 Document 8 Filed 03/14/24 @ 4 of 6 DECLARATION OF MARK C. BURNSIDE 1 2 I, Mark C. Burnside, declare as follows: 3 1. I am an attorney licensed to practice law in the State of California and admitted to 4 practice before this Court. I am an associate at Davis Wright Tremaine LLP and attorney for 5 Amazon in the above-captioned action. I have personal knowledge of the matters set forth herein. 6 If called upon to testify, I could and would testify competently hereto. 7 2. 8 On March 8, 2024, ^p and I met and conferred regarding the case and agreed 9 a 30-day extension of time was appropriate. During this call, ^p and I discussed the subject 10 of a written stipulation memorializing the agreement, and ^p agreed to this course of action. 11 3. On March 8, 2024, I sent ^p an email memorializing the conversation and 12 confirming the extension. Attached as ^x A is a true and correct copy of this email. I 13 received no response to this email. 14 4. 15 On March 14, 2024, my co-counsel Annie Zhang sent ^p a courtesy copy of 16 the Stipulation to Extend Deadline To Respond To Complaint (the “Stipulation”) and Proposed 17 Order. After receiving no response, Amazon filed the Stipulation and Proposed Order. Attached 18 as ^x B is a true and correct copy of this email. 19 5. Later this same day, ^p emailed me indicating he had withdrawn his consent 20 to the Stipulation. 21 6. No previous extension of time have been sought in this action. 22 7. 23 I reasonably relied on the promise made by ^p during our call on March 8, 24 2024. Accordingly, the draft of Amazon's responsive pleading has not been completed, and the 25 responsive pleading will not be completed in time to meet Amazon's original responsive deadline 26 of March 15, 2024. 27 28 3 ~m TO EXTEND DEADLINE TO RESPOND TO COMPLAINT ^a2  Case ^cc1 Document 8 Filed 03/14/24 @ 5 of 6 2 DATED: March 14, 2024       By: /s/ Mark C. Burnside Mark C. Burnside 4 ~m TO EXTEND DEADLINE TO RESPOND TO COMPLAINT ^a2  1 2 Case ^cc1 Document 8 Filed 03/14/24 @ 6 of 6 PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 3 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566. 4 On March 14, 2024, I served the attached document(s) described as: 5 ~m TO EXTEND DEADLINE TO RESPOND TO COMPLAINT; DECLARATION OF MARK C. BURNSIDE 6 7 8 by placing a true copy of said document(s) enclosed in a sealed envelope(s) for each addressee named below, with the name and address of the person served shown on the envelope as follows: 9 10 ^a P.O. Box 278004 Telephone: (916) 365-5434 ^e Sacramento, CA 95827   14 I placed such envelope(s) with postage thereon fully prepaid for deposit in the ~2 Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service. I am familiar with the office practice of Davis Wright Tremaine LLP, for collecting and processing 15 correspondence for mailing with the ~2 Postal Service, which practice is that when correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for delivering correspondence to the ~2 Postal Service, such correspondence is delivered to 16 17 Federal 18 19 20 Shari Sanders 21 Print Name the ~2 Postal Service that same day in the ordinary course of business. Executed on March 14, 2024, at Los Angeles, California. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Shan Sarders Signature 22 23   5 ~m TO EXTEND DEADLINE TO RESPOND TO COMPLAINT ^a2  Case ^cc1 Document 8-1 Filed 03/14/24 @ 1 of 1 Burnside, Mark From: Sent: To: Cc: Subject: Burnside, Mark Friday, March 8, 2024 2:11 PM 'Andrew Law' Zhang, Annie ^cc1 ~h v. Amazon Inc. Dear Mr. ~h, Thanks for your time today. As discussed, the parties have agreed to a 30-day extension on Amazon's responsive deadline in the above-captioned case, which was removed to federal court today. Let me know if you have any questions, and have a nice weekend. Best, Mark Burnside Associate, Davis Wright Tremaine LLP P 213.633.6849 E markburnside@dwt.com A 865 South Figueroa Street, Suite 2400, Los Angeles, CA 90017-2566 DWT.COM 1  Case ^cc1 Document 8-2 Filed 03/14/24 @ 1 of 1 Burnside, Mark From: Sent: To: Cc: Subject: Attachments: Zhang, Annie Thursday, March 14, 2024 9:49 AM Andrew Law Burnside, Mark RE: ^cc1 ~h v. Amazon Inc. ~h v. Amazon - Proposed Order.docx; ~h v. Amazon - ~m to Extend.docx Dear Mr. ~h, Nice to meet you and looking forward to working with you on this case. Amazon is filing the attached documents today in this case, which memorializes the extension agreement you reached with Mark last Friday. We are planning on filing these documents at 2pm today. Let me know if you have any questions/edits. Thanks, Annie Annie S. Zhang She/Her/Hers Associate, Davis Wright Tremaine LLP P 415.276.6501 E ^e1 A 50 California Street, 23rd Floor, San Francisco, CA 94111 DWT.COM From: Burnside, Mark \u003CMarkBurnside@dwt.com\u003E Sent: Friday, March 8, 2024 2:11 PM To: Andrew Law \u003C^e\u003E Cc: Zhang, Annie \u003C^e1\u003E Subject: ^cc1 ~h v. Amazon Inc. Dear Mr. ~h, Thanks for your time today. As discussed, the parties have agreed to a 30-day extension on Amazon's responsive deadline in the above-captioned case, which was removed to federal court today. Let me know if you have any questions, and have a nice weekend. Best, Mark Burnside Associate, Davis Wright Tremaine LLP P 213.633.6849 E markburnside@dwt.com A 865 South Figueroa Street, Suite 2400, Los Angeles, CA 90017-2566 DWT.COM 1  Case ^cc1 Document 8-3 Filed 03/14/24 @ 1 of 3 1 MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 2 ANNIE S. ZHANG (State Bar No. 327381) ^e1 3 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor 4 Los Angeles, California 90017-2566 Telephone: (213) 633-6800 5 Fax: (213) 633-6899 6 Attorneys for ^df ^am 7   11 ^c6 12 ^a, 13 14 V. ^p, 15 ^am, and DOES 1-50 Case No. ^cc1 [PROPOSED] ORDER GRANTING ~m ΤΟ EXTEND DEADLINE TO RESPOND TO COMPLAINT 16 17   ^dfs. [PROPOSED] ORDER GRANTING ~m TO EXTEND DEADLINE ^a2  1 Case ^cc1 Document 8-3 Filed 03/14/24 @ 2 of 3 After reviewing Amazon's ~m to Extend Deadline to Respond to Complaint, and for 2 good cause shown, the Court hereby orders as follows: 3 Amazon shall have until April 12, 2024, to file a response to the Complaint in this action. 4 IT IS SO ORDERED. 5 DATED: 6 7 8 HONORABLE ^n1 ~2 District Judge 9 10   14     1 [PROPOSED] ORDER GRANTING ~m TO EXTEND DEADLINE ^a2  1 2 Case ^cc1 Document 8-3 Filed 03/14/24 @ 3 of 3 PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 3 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566. 4 On March 14, 2024, I served the attached document(s) described as: 6 7 5 [PROPOSED] ORDER GRANTING ~m TO EXTEND DEADLINE TO RESPOND TO COMPLAINT by placing a true copy of said document(s) enclosed in a sealed envelope(s) for each addressee named below, with the name and address of the person served shown on the envelope as follows: 8 9 ^a P.O. Box 278004 Telephone: (916) 365-5434 ^e 10 Sacramento, CA 95827   I placed such envelope(s) with postage thereon fully prepaid for deposit in the ~2 Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service. I I am familiar with the office practice of Davis Wright Tremaine LLP, for collecting and processing 14 correspondence for mailing with the ~2 Postal Service, which practice is that when correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for delivering correspondence to the ~2 Postal Service, such correspondence is delivered to 15 the ~2 Postal Service that same day in the ordinary course of business. 16 17 Federal 18 19 20 Shari Sanders 21 Print Name Executed on March 14, 2024, at Los Angeles, California. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Shan Sarders Signature 22 23   2 [PROPOSED] ORDER GRANTING ~m TO EXTEND DEADLINE ^a2  ### MINUTE ORDER ### Full docket text for document 8: ~m for 28-DAY EXTENSION OF TIME to Respond to Complaint by ^am. (Attachments: # (1) ^x A, # (2) ^x B, # (3) Proposed Order)(Burnside, Mark) Modified on 3/15/2024 (Kastilahn, A).  # end minute order #  Case ^cc1 Document 9 Filed 03/14/24 @ 1 of 23 ^a ~pa, 95827 (916)-365-5434 ^e 4 ^a, IN PRO PER   FILED MAR 14 2024 CLERK, ~d ~2 ~dcY. ~ed 12 13 ^a, 14 ^p, 15 16 V. 17   ^am ^df. DEPUTY CLERK Case No.: ^cc1 EX PARTE APPLICATION FOR ~4 CLOSING SUPPLEMENTS 3 I. ~~toc~ @ 1 II. DECLARATION OF DEFECTS IN OPPOSING COUNCIL'S FILING...@ 2 III. CONGESTIVE HEART FAILURE DIAGNOSIS 12 DAYS AFTER INTENSE E~mAL DISTRESS CAUSED BY AMAZON EMPLOYEES...@ 5 IV. SUPPLEMENT OF ^xS FOR PENDING ~3 HEARING...@ 5 V. CLOSING ARGUMENTS, DECLARATIONS AND PLEADINGS ...@ 11 28 U.S. CODE § 1447 (c) ~4 must be filed within 30 days of removal. * ~h V. ^am EX PARTE APPLICATION FOR ~4 * CLOSING SUPPLEMENTS @ 1  1 2 Case ^cc1 Document 9 Filed 03/14/24 @ 2 of 23 II. DECLARATION OF DEFECTS IN OPPOSING COUNCIL'S FILING       I, ^a, the ^p in this case, am filing this closing supplemental documentation to be attached to the original filing of Ex Parte Application for ~4. This closing supplement contains vital components and ^xs to complete this application. As this filing was done in emergency response to ^am's (Amazon) notice of removal, I have had to take swift action to preserve the integrity of pending legal proceedings associated with my case in the Superior Court. Because of this Emergency I have had to make multiple filings, on this subject "Ex Parte Application for ~4", of which filings I am hoping this is the last, as I do not wish to overburden the court or the reader. All filings associated with this application can be assembled in order of their filing, to complete this application as a whole. It has come to my attention that Amazon has created a defective filing, in respects to the JS 44 Civil Cover Sheet, under section or item IV. “NATURE OF SUIT", the check box is incorrect, and does not represent the nature of this suit. Amazon has selected "190 other contract" but the nature of this suit should be initialized under "360 Other Personal Injury". Under section VI. of JS 44 it states "dispute relating to ^p's use of his gaming account on video game New World" – this is also incorrect. It should say "Intentional Infliction of E~mal Distress, perpetrated by Amazon Employees, resulting in ^p's hospitalization and disability". There may be other defects, but I am not sure. If this Civil Cover Sheet is supposed to represent Amazon's interpretation, or if this is simply procedure then I would ask that the court would forgive my lack of understanding or experience. But if this Civil Cover Sheet is supposed to reflect my interests, and if this is supposed to be a permanent coversheet for my case, I am opposed to the defects in this filing. And would ask that it be corrected and refiled to reflect my interests. As for right now as it stands, that Civil Cover Sheet represents Amazon's interests, and should not stand. My original complaint is a personal injury action, initialized by myself. A copy of the JS 44 is attached to this as ^x JS 44 28 * ~h V. ^am EX PARTE APPLICATION FOR ~4 CLOSING SUPPLEMENTS @ 2        Case ^cc1 Document 9 Filed 03/14/24 @ 3 of 23 I declare under penalty of perjury under the laws of the State of California, and the ~2, that the foregoing is true and correct. 3.14-24 DATE C ^p IN PRO PER ^a ~h V. ^am * EX PARTE APPLICATION FOR ~4 * CLOSING SUPPLEMENTS @ 3        Case ^cc1 Document 9 Filed 03/14/24 @ 4 of 23 ~h V. ^am * ^x JS 44 EX PARTE APPLICATION FOR ~4 * CLOSING SUPPLEMENTS @ 4  Case ^cc1 Document 1-1 Filed 03/08/24 @ 14 of 45 1 DISCORD ("Helpful" role is a band of Amazon defending zealots, and apologists who were 2       appointed by AG and likely AMAZON or AG Employees acting on alternative accounts- --or friends of AG employees, this requires investigation, auditing, and oversight.); ^p was harassed by these "Helpful" AMAZON/AG appointed users for complaining about DDS. The "helpful" tagged user roles frequently engage in distracting customers from giving meaningful feedback and participate in TROLLING Amazon customers. 29. ^p was relentlessly harassed, stalked, and cyber bullied in the New World game, published by AMAZON GAMES; Primarily through the design that has been referred to as Dynamic Difficulty Scaling - where anonymously, players can manipulate their Gear Score - in turn manipulating the difficulty of the dungeon. One person can raise the difficulty; and apply that effective difficulty forcibly upon the other four players, without their knowledge or consent, because these effects are applied behind the User Interface. One anonymous player (either AG community management, or moderators, admins, developers, game masters, random player, 14 organized group of players, in fine anyone that desires to GRIEF) one player has the power to   grief the pinnacle of New World's End-Game design and ruin the fun for everyone else in the dungeon lobby. Essentially subjecting the entire lobby to GRIEF and forcing them to play a game they can never win. 30. AMAZON/AG acted recklessly and intentionally by participating in 1.9 GATEKEEPING of the leaderboards and facilitated GRIEFING by creating and maintaining a 20   25 virtual-matrix or online world, which made it possible to GRIEF as much as any ill-disposed/ill- designed malicious player could desire (or any player with ill intentions). As any player can link nice gear to join a lobby, then switch their gear to fall below gear score, apply the Dynamic Difficulty Scaling, and ruining the lobby for everyone else. Some players exploit DDS to GATEKEEP, some players exploit DDS to troll, some for both. 31. Due to the collective conduct of Amazon Employees and random players, random 26 27 TROLLS, and organized GUILDS, and organized groups of players; these parties actively exploiting DDS for 7 months, triggering ^ps' PTSD, subjecting ^p to IIED, causing 28 ^p to develop CHF and exacerbating CHF. Resulting in near-death, and emergency room ^c7 * COMPLAINT @ 11    Case ^cc1 Document 1-1 Filed 03/08/24 @ 15 of 45 hospitalization, development of Sepsis, Pulmonary Embolism, Anemia, and other life-threatening complications during his hospitalization, permanently disabling ^p for life. 32. AMAZON/AG employees had no privilege to abuse ^p as a consumer. As a customer. In this setting AMAZON/AG is providing a service, which ^p is paying for. 5 However, ^p could not fully enjoy the service due to the outrageous and collective behavior 6 7 and reckless negligent disregard of its employees. Both in facilitating and participating in different actions of GRIEFING and TROLLING.   16 SECOND CAUSE OF ACTION: GROSS NEGLIGENCE (General overall negligence, duty to care for customer) 33. How was their conduct outrageous? AMAZON has a duty to the consumer to keep the gaming environment safe and free of cyber stalking, cyber bullying, and cyber harassment. 34. AMAZON intentionally used their capabilities online, to cyberstalk, cyberbully, and harass with a mob mentality, and allowed other players to do it too. This included more than one 17 individual engaging in this behavior. They intended to cause infliction of e~mal distress 18 19 20 because they knew their action would cause harm e~mally and physically with reckless disregard for a person's and specifically the ^ps' wellbeing. They also assumed they would get away with their actions due to being anonymous. 35. AMAZON knew their actions were outrageous because they were protected by 21 22 anonymity. They did not refrain from such outrageous, reckless, and deplorable behaviors. 23   [Proceed to the next @] ^c7 * COMPLAINT @ 12  Case ^cc1 Document 1-1 Filed 03/08/24 @ 16 of 45  . 5 6 7 THIRD CAUSE OF ACTION: UNLAWFUL, UNFAIR, AND FRAUDULENT BUSINESS PRACTICES (Unfair Competition Law, Business and Professions §17200, 17500) 36. Amazon to most people is known for its great customer support. Fast and "Free" two-day delivery guarantees. However today there are many faces of AMAZON as it is evolving to secure itself as an insatiable monopoly. Amazon.com Inc., owns and operates Twitch.tv the most 8 successful Video-Game live streaming platform. Long before other social media platforms could 9 10   14 15 1.6 17   even dream of implementing Live-Streaming as a service - Twitch.tv and AMAZON was (and still is) the original live streaming super-giant. 37. Because of this long connection with Video Games and Gaming, it was inevitable that AMAZON would expand its businesses into the Gaming Development and Publishing world. AMAZON created Amazon Games Studio, (now AG) fashioned their own Graphics Engine, and published their first game, New World which was released post-covid pandemic on Sept 28, 2021. 38. AG has been successful in many ways, and a massive failure in others but all of its failures are bolstered by AMAZON and its seemingly endless, power of revenue. AG's greatest failure is the complete departure from Customer Care. Amazon Retail can be referred to as "Amazon Heaven" where, as stated earlier they will fight tooth and nail to replace a $5 dollar bag of chips that has gone sour-but "Amazon Heaven" is starkly contrasted by its counter-opposite "Amazon Hell" which is AMAZON GAMES. AMAZON is now gorging itself on revenues, as it peddles and sales digital goods by the droves to New World players in the form of "Cosmetics". These are simply graphical enhancements to a players in-game Character, it could be a fancy hat, or a pretty dress. A Noble steed to ride or a mighty sword to wield. 39. The scary reality is that these are simply just graphics, sold at price ranges referred to as "Micro-transactions” ranging from $5-$45-dollar packages. For which there are essentially no trade ins, no refunds and no support. However this cause of action is not meant to criticize a mere business practice but yet again - emphasize the departure from quality customer care. For example ^p has accrued more than 10,000 hours investment in his New World- * ^c7 COMPLAINT @ 13  Case ^cc1 Document 1-1 Filed 03/08/24 @ 17 of 45 1 --game accounts, and spent over $1700 for simple graphics and pixels, which can be endlessly 2 3 4 supplied and infinitely generated by AMAZON for nearly Zero-cost-yet they are unable to provide the smallest inkling of support when there is issues of Harassment, or abuse of power by its employees as previously stated in the complaint. This stark contrast between "Amazon 5 Heaven" and "Amazon Hell” is where the Tort of fraud begins to manifest. Gamers are seduced 6 by the appealing AMAZON name, ^p has been a "Prime-Member" for some 7 years, yet   24 25 26 now has seen the uglier and more destructive side of AMAZON, as he is forever disabled because of the companies' lack of policy, and neglect. 40. AMAZON GAMES is a grand departure from customer care, and AMAZON policy, as stated previously from the "Amazon Heaven" we referred to earlier. Yet there is an even darker side of AMAZON, in its DISCORD administration. AMAZON GAMES has drifted so far from Customer Care and AMAZON policy, and their "Rogue" administration that operates with impunity in the DISCORD server; drifts even further away from AMAZON policy and represents worst side of this reality, in departure from customer care. Namely because now, these employees are operating on a 3rd party platform, without oversight, without auditing, within AMAZON GAMES, Far-Far-away from any form of duty to Customer Care, and even further away from accountability, because DISCORD and AMAZON's Customer's privacy, chat inputs, texts, and every form of communication is managed and essentially owned and operated by a completely different company, known as Discord Inc. 41. In this context AG can employ their own whimsical policies as has been discussed and outlined in this complaint, as well as freely abuse customers from Alternative "Ghost" accounts, and AG staff has appointed their own "aristocracy” labeled "helpful” role to now effectively "control and troll" annoying & unruly AMAZON customers. These "helpful" role discord users are TROLLING, abusing, harassing, deflecting, and altogether disrupting the last shred and fiber of customer care that is essentially dead at this spectrum of AMAZON services. In fine DISCORD can be viewed as the planet furthest from the Sun. 27 28 ^c7 * COMPLAINT @ 14    7 8 Case ^cc1 Document 1-1 Filed 03/08/24 @ 18 of 45 42. We can refer to the sun as AMAZON where all policy, and procedure is dispensed. The further we get from the sun the darker and colder it gets. AMAZON GAMES and DISCORD are so far away and detached from the normal support and service ^p has received after 7+ years of being a Prime-Member and AMAZON customer. 43. ^p received a support e-mail again out of nowhere January 2nd 2024, strangely because ^p has not opened any support tickets since before hospitalization (November 2023), it contains the same copy-paste spam as the previous replies, with footnotes reading "Earth's Most Customer-Centric Company". It is just very strange behavior coming from that Studio and these 9 ^xs will be provided with the ~m for injunctive relief. It is very strange because ^p 10 11 12. 13   21 22 23 requested specifically not to be contacted by AG and has not contacted AG since November 2023.. ^p was assured that notes would be added to his Amazon Retail / Amazon-Prime account that they would not transfer his support issues to AG further. AMAZON Retail assured ^p that they would be working to resolve this issue outside of AG, through a "behavioral" investigation of its employees. ^p declares that "Earth's Most Customer-Centric Company"... their game studio, AG, is being managed, or rather among their management team on all levels, exists some predatory and toxic gamers. These toxic and predatory gamers amongst management, exist on both Administrative levels, and supportive levels. AMAZON would be wise to begin to heavily audit their administrative powers by an oversight committee. Especially over any powers where New World Game Admins can generate in game assets such as characters and gold. 44. All of these circumstances created by the "bait" from Amazon, using its name and representation, to gain the trust of consumers, and funnel them into a severely mismanaged and toxic gaming universe. These actions are fraudulent and unfair to consumers.   [Proceed to the next @] * ^c7 COMPLAINT @ 15  Case ^cc1 Document 1-1 Filed 03/08/24 @ 19 of 45 1. 2     24 FOURTH CAUSE OF ACTION GROSS NEGLIGENCE (Acts of negligence specific to neglecting the in-game environments and design) 45. ^p declares that AMAZON created this video game, that AMAZON created this virtual reality, known as New World. AMAZON created the system in which players can freely GRIEF and cause pain and suffering to each other, within an intended PVE matrix. AMAZON has a duty to create a non-toxic environment, even by their own standards. In the NEW WORLD support center, there is a category called "Disruptive conduct. It is stated as follows: 46. "Sections 1 and 2 within the Code of Conduct outline the following guidelines: "Treating other players the way they want to be treated" and "Playing to enjoy the game." A Disruptive Behavior penalty means the player engaged in disruptive behaviors that violate those guidelines. Violations include, but are not limited to: 25 • Harassing/Threatening Players Example: Continually sending messages to the same player against their wishes. Toxicity Example Berating other players for struggling in group content. Bullying Example: Taking part in our encouraging others to be verbally negative towards another player. GRIEFING/TROLLING Example: Repeatedly dying in events to grief allied players. Impeding/Sabotaging group play" 26 27 28 * ^c7 COMPLAINT @ 16      14   Case ^cc1 Document 1-1 Filed 03/08/24 @ 20 of 45 47. ^p Declares that he was the target of all of these acts and violations, and more violations that are not listed here. ^p declares that he was the target of these acts and violations repeatedly over the course of Seven months. It is the duty of AMAZON to exercise due care to the customer, in creating a safe online environment for players, as seen here, even within their own standards. 48. On September 9th 2023, ^p contacted AG online chat support to follow up with and to document more harassment and stalking within the game. AG employee DOE #3 "Mark" was disruptive to this process and unsympathetic telling ^p "You should leave the server" and then closing the webchat. ^p reconnected to the Webchat hoping to connect to a different and more helpful agent. Unfortunately, ^p was connected to the same agent who immediately opened, then closed the support center webchat. Again, in this instance ^p was reaching out to AG and AMAZON for support to relieve him from being a target of Harassment, bullying, threats, stalking and many other violations; Instead of AMAZON employee DOE #3 "Mark", intentionally closes the web support and skirts around, trying to do the least to help someone who is suffering grievances within their community. 49. This is one fine example of how AMAZON employees facilitated and participated in the cyberstalking, cyber-harassment, cyberbullying of the ^p. It should be noted that two 18 months after this event the ^p was hospitalized and diagnosed with Heart Failure. ^p 19 declares that AMAZON is directly responsible and caused this permanent and life-altering 20 disability. 21 22 50. It should be noted that AMAZON staff, agents, employees participated in GRIEFING the ^p, or causing the ^p much grief, and sorrow, and caused him to have fear for the 23 wellness of his investments in game, and for the wellness of himself and his intellectual properties after having invested substantially to create content across YouTube and Twitch; ^p has 24 25 created thousands and thousands of videos and content for the New World Community and Video- 26 Game. 27 28 ^c7 * COMPLAINT @ 17  Case ^cc1 Document 1-1 Filed 03/08/24 @ 21 of 45   51. ^dfs acted with gross negligence, and with reckless disregard for the safety of the ^p. Causing the ^p to sustain life altering injuries and caused him to develop a permanent and chronic disability. ^xs of the video chat with AG/AMAZON employee "Mark" will be presented to the court with the ~m for ~3, as these events were all 5 connected and well documented by the ^p. ^p will be ~ming for a Preliminary 6 Injunction for emergency injunctive relief and protections. 7 8 9 FIFTH CAUSE OF ACTION INTENTIONAL INFLICTION OF E~mAL DISTRESS 10 11 (IIED due to culmination of events & final blow, DISCORD BAN, 12 days before hospitalization) 12 13   21 22 52. On November 8th 2023, ^p was engaged in the New World Official Discord in a friendly game related discussion, when seemingly out of nowhere he was being forcibly timed out by some DISCORD administrator or someone lurking in the DISCORD, among AG Community Management. JOHN DOE #1 "TrevzorFTW" was and is always online generally in DISCORD, and seems to take unusual pride in his status being at the very top above everyone else. ^p declares that AG Community Management worked in concert to discriminate against him and silence his speech which was not inappropriate. 53. At this point ^p began to feel like he was being targeted and stalked and directly harassed by AG Employees, as someone began to timeout his text inputs to DISCORD over and over. ^p began to feel like he was being targeted, and stalked and directly harassed 23 by AG Employees, because previous to this, we have evidence that AG Employees have told him to 24 "leave the server" (referring to El-Dorado New World Game Server), and closed support chats 25 26 27 over and again, as well as being stalked and harassed in game for many months. Then being belittled and told to essentially quit the game when he asked for players to be investigated. ^xs of the video recording of the support chat with "Mark" DOE #3, from AG online chat 28 support will be provided with the complaint alongside ~m for ~3. ^c7 * COMPLAINT @ 18    Case ^cc1 Document 1-1 Filed 03/08/24 @ 22 of 45 54. At this time ^p began to express frustration with being timed out in DISCORD noting that he wasn't saying anything wrong and the system and or Administration was causing him to be placed on Time-Outs over and over again repeatedly. Which reproductions of said time 4 outs are to be included as ^xs with the ~m for ~3. After expressing 5 6 7 8 10 frustration with these Time-outs ^p was suddenly permanently banned from DISCORD, and tried multiple times to access the DISCORD via a new Discord invite hyper-link. 55. It is important for the courts to note the severity of the e~mal distress that the ^p began to suffer at this time, and in this moment. The moment that he was permanently 9 banned for nothing. This is the moment that caused the ^p the greatest height in his fear and panic, as it triggered intense anxiety and fear, triggering his PTSD, causing him to fear exceedingly for the welfare of his accounts in which ^p has invested over 10,000 hours and over $1700 dollars.     21 22 23 56. In this one act, and abuse of power, by AMAZON/AG employees, ^p began to - experience the greatest and most profound stress, as these fears began to consume him, knowing now that AMAZON/AG has the power to permanently ban him with impunity. At this moment someone, or some employees within Community Management, or Administration, targeted the ^p and provoked a life changing series of events that would go on disabling him for the rest of his life. The person or persons responsible for this act need to be appropriately named in this Complaint, when AMAZON has sufficiently conducted its investigations.. Said investigations need to be brought forward to the court through due process and subpoena. 57. Although ^ps actual New World Game accounts were not Banned in this action, he was essentially expelled from the community and game that he had very much loved and appreciated and invested so many hours in since 2021. ^p perceived this act of unrighteous 24 dominion to be a personal threat against himself, and his New World game accounts, again now 25 witnessing that AG/AMAZON staff had power to permanently ban him from the community, with 26 27 impunity. ^xs of ^ps hours invested, and monetary investments are to be included with the ~m for ~3. 28 ^c7 * COMPLAINT @ 19  Case ^cc1 Document 1-1 Filed 03/08/24 @ 23 of 45   7 58. AMAZON's shadow began to loom over him in this moment and changed his life forever. In a hurricane of fear and panic ^p began to experience shortness of breath. Approximately three months had passed since ^p had complained (in August 2023) to AG about in game harassment, bullying, and stalking. As the shadow of his adversary (AMAZON/AG) began to loom over him he made a panic filled cry for help to Amazon Retail Customer Support, which phone call lasted a series of hours. And was one of many recorded phone calls that proceeded after. This particular cause of action, even now causes ^p 8 heaviness in his chest to recall and think about as he is drafting this Complaint. It was the 9   24 25 moment that all the abuses of AMAZON fell onto him at once and he could no longer sustain the stress and anguish that had been building in the subsequent months. 59. ^p was admitted into Emergency Room Hospitilization 12 days after this event on November 20th 2023, and diagnosed with Congestive Heart Failure due to 7 months of persistent and gross Negligence, Intentional Infliction of E~mal Distress, Cyberstalking & Stalking, Cyber Harassment & Harassment, Cyberbullying and Bullying; all these outrageous acts inflicted upon him not only by players in the community but now directly by AG STAFF and AMAZON Employees. ^p would discover from a phone call with Amazon Retail on November 17th and be told directly from an Amazon Employee investigating his case – that AMAZON STAFF "were found manipulating your in-game experience". The ^x of this phone call will be included with the ~m for ~3. 60. ^p felt something was very wrong, around the time he began to initiate reports in August 2023, and attempted to keep good records. However, it is inevitable that some internal investigations be conducted within AMAZON and Cyber forensics be conducted on the New World server logs and these results be brought forward by subpoena; in order to fully establish the magnitude of AMAZON's gross negligence, in and through the processes and procedures of discovery of evidence. 26 27 28 ^c7 * COMPLAINT @ 20  JS 44 (Rev. 08/18) Case ^cc1 Document 9 Filed 03/14/24 @ 5 of 23 CIVIL COVER SHEET Case 1:24-at-00200 Document 1-4 Filed 03/08/24 @ 1 of 2 The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the ~2 in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT @ OF THIS FORM.) I. (a) ^pS ^a ^dfS ^am (b) County of Residence of First Listed ^p Sacramento (EXCEPT IN U.S. ^p CASES) (c) Attorneys (Firm Name, Address, and Telephone Number) (Self Represented) ^a, P.O. Box 278004, Sacramento, CA 95827; Tel.: (916) 365-5434 II. BASIS OF JURISDICTION (Place an "X" in One Box Only) 1U.S. Government ^p 2 U.S. Government ^df 3 Federal Question (U.S. Government Not a Party) County of Residence of First Listed ^df (IN U.S. ^p CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known) Mark Burnside, Davis Wright Tremaine LLP, 865 S. Figueroa, Suite 2400, Los Angeles, CA 90017; Tel.: (213) 633-6800 III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for ^p 1 (For Diversity Cases Only) and One Box for ^df) PTF DEF Citizen of This State 1 Incorporated or Principal Place of Business In This State PTF DEF 4 0.4 4 Diversity Citizen of Another State 2 (Indicate Citizenship of Parties in Item III) 2 Incorporated and Principal Place of Business In Another State 05 5 Citizen or Subject of a Foreign Country 3 3 Foreign Nation 06 06 IV. NATURE OF SUIT (Place an "X" in One Box Only) 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment☐ & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholders' Suits 190 Other Contract ☐ 195 Contract Product Liability ☐ 196 Franchise 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers' Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury - Medical Malpractice 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations TORS PERSONAL INJURY 365 Personal Injury Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONERSPERITONS Habeas Corpus: 463 Alien Detainee 510 ~ms to Vacate Sentence 530 General 445 Amer. w/Disabilities ☐ 535 Death Penalty Employment 446 Amer. w/Disabilities- Other 448 Education Other: 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee - Conditions of Confinement FORBEFFURE PENALTY 625 Drug Related Seizure of Property 21 USC 881 690 Other LABOR 710 Fair Labor Standards Act 720 Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act IMMIGRAT 462 Naturalization Application 465 Other Immigration Actions Click here for: Nature of Suit Code Descriptions. BANKRURYEN 376 Qui Tam (31 USC 3729(a)) 422 Appeal 28 USC 158 375 False Claims Act 423 Withdrawal 28 USC 157 PRODERNRIGHT 820 Copyrights 830 Patent 835 Patent - Abbreviated New Drug Application 840 Trademark IL SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) 870 Taxes (U.S. ^p or ^df) 871 IRS-Third Party 26 USC 7609 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 485 Telephone Consumer Protection Act 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes V. ORIGIN (Place an "X" in One Box Only) 2 Removed from State Court 1 Original Proceeding VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) DATE IF ANY 03/08/2024 FOR OFFICE USE ONLY 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from Another District (specify) 6 Multidistrict Litigation - Transfer 8 Multidistrict Litigation - Direct File Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 28 U.S.C. § 1441 Brief description of cause: Dispute relating to ^p's use of his gaming account on video game New World CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. (See instructions): JUDGE DEMAND S 77,000,000,000.00 SIGNATURE OF ATTORNEY OF RECORD Mark C Burnside CHECK YES only if demanded in complaint: JURY DEMAND: DOCKET NUMBER Yes No RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE    Case ^cc1 Document 9 Filed 03/14/24 @ 6 of 23 III. CONGESTIVE HEART FAILURE DIAGNOSIS 12 DAYS AFTER INTENSE ΕΜΟΤΙONAL DISTRESS CAUSED BY AMAZON EMPLOYEES 4 5 6   On November 8th 2023, after 7 months of In-game harassment (by multiple parties) I was targeted by Amazon Employees, and expelled from the "New World Official Discord". I began the process to try and understand what was going on. Amazon neglected to provide any customer service. After approximately 15-20 hours of exhaustive phone calls with their customer support (Amazon records all calls and has to keep a log of these calls), and approximately 5 web support tickets-all of my requests were closed at the associate level and never escalated. On or around November 17th 2023, I received a phone call from an Amazon Retail employee notifying me that a behavioral investigation had commenced and he stated to me that "staff has been found manipulating your in-game experience", and "this could be a very be issue", he also said this issue could be affecting many players, and that he could not tell me the results of the investigation, when it is completed. But that I would receive a phone call in a week, which phone call I never received. After 12 days of intense e~mal distress, for fear of the loss of all my investments across content creation platforms such as Twitch, Youtube, and Facebook Gaming-I was experiencing nightmares, loss of breath from the beginning on November 8th 2023, and filled with an overwhelming sense of loss, and anger as I had devoted the greater part of the last 3 years attempting to specialize in content creation for the Amazon game "New World". I invested over 10,000 hours into multiple accounts, and over $1700 dollars in digital purchases, and produced over 5,000 hours of live streams, and approximately 500+ YouTube videos. This intense and overwhelming sense of loss caused me chest pains and shortness of breath as, intense anxiety caused adrenaline, and other stress causing hormones, to be forced into my blood stream, 24 and having a reaction to my pre-existing conditions of PTSD-this created the perfect storm and I was 25 eventually not able to walk or barely breathe. 26 27 I admitted myself on November 20th, 2023, to Kaiser South Sacramento, and diagnosed with congestive heart failure, and transferred myself on November 21rst, 2023, to Sutter Roseville and 28 diagnosed again with congestive heart failure. I developed sepsis, as my organs were beginning to * ~h V. ^am EX PARTE APPLICATION FOR ~4 * CLOSING SUPPLEMENTS @ 5  Case ^cc1 Document 9 Filed 03/14/24 @ 7 of 23 1 completely shut down, my lips were blue, my skin was grey, and I was on the brink of death with my 2   family in the emergency rooms and hospitals. The doctors were eventually able to administer life saving medicine, around 25-35 pounds of fluid was removed from my body, which was swelling around my heart and lungs, and "congesting" my entire body. A brief summary of ^xs pertaining to my interactions with Amazon, via e-mail, and my diagnosis of Congestive Heart Failure is attached as ^x CHF.     ~h V. ^am * EX PARTE APPLICATION FOR ~4 CLOSING SUPPLEMENTS @ 6        Case ^cc1 Document 9 Filed 03/14/24 @ 8 of 23 ^x CHF ~h V. ^am * EX PARTE APPLICATION FOR ~4 CLOSING SUPPLEMENTS @ 7  Case ^cc1 Document 9 Filed 03/14/24 @ 9 of 23 Name: Andrew ~h | DOB: 4/4/1982 | Legal Name: Andrew ~h Note From Your Admission on 11/21/23 Discharge Summary by Benjamin Roy Campbell at 11/23/23 1606 Sutter Medical Group Hospitalists HOSPITALIST DISCHARGE SUMMARY Admit date: 11/21/2023 10:40 AM Discharge date: 11/23/2023 PCP: No PCP FINAL DIAGNOSES: Active Hospital Problems Diagnosis Date Noted • Acute exacerbation of CHF (congestive heart failure) (CMS/ 11/21/2023 HCC) [150.9] Hypertensive urgency [116.0] • Acute pulmonary embolism (CMS/HCC) [126.99] Resolved Hospital Problems No resolved problems to display. PROCEDURES : None IMAGING PERFORMED: Please see results in epic PENDING STUDIES: None REASON FOR ADMISSION: Patient presents with: 11/21/2023 11/21/2023 Breathing problem: Dx with CHF at AMA from Kaiser yesterday and wants an echo HOSPITAL COURSE: Andrew ~h is a 41 year old male with history of PTSD and anxiety presented with dyspnea. For the last 10 days, he has been waking up in the middle of the night with shortness of breath symptoms. He attributes this to PTSD, but does report orthopnea, palpitation. He has intermittent chest pain, which reports his dullness without radiation. He does not specify further. He has lower extremity edema. No fever. Minimal cough. No sputum production. No pleurisy. No nausea or vomiting. No diarrhea. No recent sick contacts. For details please refer to the H&P and daily progress notes and consults.  Case ^cc1, Document 9 Filed 03/14/24, @ 10 of 23 Patient's acute hospital medical problems were briefly addressed as follow: Acute congestive heart failure, combined systolic and diastolic likely due to years of uncontrolled HTN TTE done. Among other findings shows EF 40-45% and grade 3 diastolic dysfunction UDS clean- no meth TSH and free T4 WNL RAS ruled out via U/S he had good diuresis with lasix BID but crt bumped so will hold future doses for now continue daily fluid restriction 1500ml/d CHF no longer clinically decompensated, ok to add beta blockade at this point continue losartan Aldactone added, continue Curbside consult with cardiology- stress test recommended as next diagnostic study, cardiology interested in EF on stress imaging, also to assess for ischemia- he can pursue this in OP setting Acute pulmonary embolism, suspected Lovenox started TTE reviewed- RV with normal systolic function, no evidence of strain but RVSP measured at 70 mmHg. This is likely due to the restrictive mitral inflow pattern and elevated LA pressure evident on imaging feel that congestive heart failure is primarily responsible for BNP elevation given relatively small nature of pulmonary embolism will dc on eliquis Hypertension this can actually accurately be called hypertensive emergency as I see on labs from 11/20 his BP was significantly elevated with evidence of end organ dysfunction manifest by mildly elevated troponin. Trop has trended down WNL with improved control of his BP good initial reduction in his BP losartan 50mg Aldactone 12.5 mg coreg 3.125mg BID - Lasix dc during his stay, will dc home with some PRN bumex, see med rec below Hypokalemia replaced CKD, stage 2 suspected rather than AKI crt up a little after diuresis, lasix dc for now needs OP f/u Fever brief, appears resolved. Unclear etiology BC x2 NGTD per his request will run HIV test- this was negative - fever did not reoccur History of PTSD social worker consulted CONSULTATIONS: none  Case ^cc1 Document 9 Filed 03/14/24 @ 11 of 23 HOSPITAL COMPLICATIONS: none CONDITION ON DISCHARGE: stable and improved PHYSICAL EXAMINATION: VITAL SIGNS: BP (!) 160/104 | Pulse 105 | Temp 97.9 °F (36.6 °C) (Oral) | Resp 18 | Ht 1.88 m (6' 2") | Wt 98.4 kg (217 lb) | SpO2 95% | BMI 27.86 kg/m² No data recorded. No data recorded. No data recorded. Body Mass Index is 27.86 kg/m2. (Overweight, BMI 25-30) Vitals reviewed. On the day of dc the patient appeared comfortable, NAD, AOx3 MEDICATIONS ON DISCHARGE: Medication List TAKE these medications Start apixaban 5mg Tab takin Commonly known as: ELIQUIS g Take one Tab by mouth twice daily this Start bumetanide 0.5mg Tab takin Commonly known as: BUMEX g Take one Tab by mouth daily as needed (take for weight gain greater than 2lbs or signs/ this symptoms of fluid overload) Start carvedilol 3.125mg Tab takin Commonly known as: COREG g Take one Tab by mouth twice daily with breakfast and dinner this losartan 100mg Tab Commonly known as: COZAAR Take one Tab by mouth every morning QUEtiapine 400mg Tab Commonly known as: SEROquel Take one half Tab by mouth twice daily sertraline 150mg Cap Take one Cap by mouth every morning Start spironolactone 25mg Tab takin Commonly known as: ALDACTONE g Take one half Tab by mouth daily this ASK your doctor about these medications  Case ^cc1 Document 9 Filed 03/14/24 @ 12 of 23 Ask amoxicillin/clavulanate 875mg/125mg Tab how Commonly known as: AUGMENTIN you Take one Tab by mouth every 12 hours for 10 days take Ask about: Should I take this medication? this Review of patient's allergies indicates no known allergies. PHYSICAL ACTIVITY: as tolerated DIET: low salt DISPOSITION: home FOLLOW UP CARE: Follow up with PCP in 1 week CODE STATUS and GOALS OF CARE Code status at discharge: Full Code Patient's goals of care discussed: Yes Code status clarified: Yes POLST Completed: No POLST Details: No Family discussion took place: Yes Patient and or family education took place: Yes Palliative Care Consult: No Greater than 30 minutes was spent on discharge and coordination of post hospital care. Benjamin Campbell, DO 12/12/23 4:06 PM Dear Patient, If you are reviewing this progress note and have questions about the meaning or medical terms being used, please schedule an appointment or bring it up at your next follow-up medical appointment. Medical notes are meant to be a communication tool between medical professionals and require medical terms to be used for efficiency. You can look up terms via on-line medical dictionaries such as https://www.merriam-webster.com/medical. Additionally abbreviations can be used to keep the note short. Portions of this note were created using templates, voice recognition and carry-over functions. Consequently, syntax and phonetic errors may have escaped proof reading. MyChart® licensed from Epic Systems Corporation © 1999-2024 Copyright © 2022 Sutter Health. All rights reserved. Sutter Health is a registered trademark of Sutter Health ®, Reg. U.S. Patent & Trademark office.  Case ^cc1 Document 9 Filed 03/14/24 @ 13 of 23 MGmail Andrew ~h \u003Candrew.g.~h@gmail.com\u003E DAY 3 OF ME EXHAUSTING MYSELF TRYING TO END AMAZON EMPLOYEES CYBERSTALKING ME AND HARASSMENT -- MOVING FORWARD WITH LEGAL PROCEEDINGS. DO NOT RETALIATE AGAINST ME BY ABUSING OR ABRIDGING ANY OF MY CURRENT AMAZON SERVICES OR GAMES ETC 11 messages Andrew \u003Candrew.g.~h@gmail.com\u003E Fri, Nov 10, 2023 at 11:03 AM To: cs-reply+A8DETPNT0PZWW@amazon.com, cs-reply+A2J5XJMQEYF171@amazon.com, cs- reply+A3LXHJAY5VUZO3@amazon.com, doye.sivils@va.gov, v21macpublicaffairs@va.gov, copyright@amazon.com, cs- reply@amazon.com, subpoena-criminal@amazon.com, "subpoenas@ring.com" \u003Csubpoenas@ring.com\u003E, vacofoiaservice@va.gov, amazongames-wwe-generalist-support@amazon.com, amazongames- escalation@amazon.com, cs-reply+a9cdbzj2naith@amazon.com, nobody@bounces.amazon.com, copyright@youtube.com, legal@discordapp.com, Privacy@discordapp.com, legal.notices@discordapp.com, giggles capone \u003Cl~h@live.com\u003E, brandon.nielsen@live.com, seandillon@amazon.com, legal@amazon.com, cheryl douglas \u003Ccheryld6119@live.com\u003E Cc: John Smedley \u003Cjohn.smedley@gmail.com\u003E, Yale Olenick \u003Colenickyale@gmail.com\u003E Your replies are going to be presented as evidence in Legal proceedings, all parties should proceed with caution and diligence. Due to the harmful, toxic, and abusive nature of Amazon's digital communications with me, Due to the targeted harassment and cyberstalking that I have received in their "New World Official Discord" The last 3 days have been a bizarre series of targeted harassment from Amazon Employees. Though I am remaining in-tact, this is still affecting my mental health and well being, I will be visiting the VA Veteran Affairs hospital later today, as I am still trying to process how a corporate entity is generating this blatant and bizarre targeted harassment, cyberstalking, intimidation and threats. Every "support" reply from Amazon has been a display of complete illiteracy and incompetence. This video \u003E\u003E https://youtu.be/kOBMF1vOlyk?si=3wBxgg-sOxf_dMK5 \u003C\u003C This Video AAAAAA AAAAAAAAAAAAAAAAAAAAAAAA This video ^^^ clearly shows how I am being timed out and banned for nothing, ^^^ and no violation of any EULA - DO NOT REPLY TO MY SUPPORT TICKETS UNLESS YOU ARE IN MANAGEMENT AT AMAZON GAME STUDIOS, OR IN MANAGEMENT FROM AMAZON CORPORATE. This is not my problem. This is your problem. Update my support ticket when you have fixed your problem and my Discord Accounts have been unbanned And your staff have been properly trained and notified to stop IP Banning My Business and Personal Discord and Others for Nothing. MY DISCORD ACCOUNTS ARE Dojx and archlinuxprime (There is your support goal for the day) if you are in the mood to do something Customer-Centric. Forwarding this to all the proper legal channels and Veteran Affairs, Discord Legal, Corporate etc. There is no violation of any Eula from me. For those in the To: and CC: portions -- I received three of the same similar quality, zero support provided, slanderous  Case ^cc1 Document 9 Filed 03/14/24 @ 14 of 23 MGmail Your Amazon Games Inquiry 2 messages cs-reply@amazon.com \u003Ccs-reply@amazon.com\u003E Reply-To: cs-reply+A3LXHJAY5VUZO3@amazon.com To: andrew.g.~h@gmail.com Andrew ~h \u003Candrew.g.~h@gmail.com\u003E Fri, Nov 10, 2023 at 8:19 AM amazon Your Account Amazon.com Message From Customer Service Hello, Thank you for contacting us. There's no appeal process for Discord penalties at this time. Please make sure to review our Terms of Service and Code of Conduct policies for Amazon Games before joining additional community servers. • https://www.amazon.com/help/ags/terms • https://www.amazon.com/help/ags/coc Thanks for contacting Amazon Games! We'd appreciate your feedback. Please use the buttons below to vote about your experience today. Best regards, Shazia Amazon Game Studios Thank you for your inquiry. Did I solve your problem? Yes No Your feedback is helping us build Earth's Most Customer-Centric Company. cs-reply@amazon.com \u003Ccs-reply@amazon.com\u003E Reply-To: cs-reply+A2J5XJMQEYF171@amazon.com To: andrew.g.~h@gmail.com amazon Fri, Nov 10, 2023 at 8:21 AM Your Account Amazon.com Message From Customer Service  Case ^cc1 Document 9 Filed 03/14/24 @ 15 of 23 Hello, Thank you for contacting us. There's no appeal process for Discord penalties at this time. Please make sure to review our Terms of Service and Code of Conduct policies for Amazon Games before joining additional community servers. We'd appreciate your feedback. Please use the buttons below to vote about your experience today. Best regards, Sam Amazon Game Studios Thank you for your inquiry. Did I solve your problem? Yes No Your feedback is helping us build Earth's Most Customer-Centric Company.  Case ^cc1 Document 9 Filed 03/14/24 @ 16 of 23 M Gmail Your Amazon Games Inquiry 1 message cs-reply@amazon.com \u003Ccs-reply@amazon.com\u003E Reply-To: cs-reply+A2OE0JMUZ78WJ1@amazon.com To: andrew.g.~h@gmail.com Andrew ~h \u003Candrew.g.~h@gmail.com\u003E Fri, Nov 10, 2023 at 1:13 PM amazon Your Account Amazon.com Message From Customer Service Hello, Thank you for contacting us. I am sorry to hear that you have been banned from Discord. There's no appeal process for Discord penalties at this time. Please make sure to review our Terms of Service and Code of Conduct policies for Amazon Games before joining additional community servers. • https://www.amazon.com/help/ags/terms • https://www.amazon.com/help/ags/coc Thanks for contacting Amazon Game We'd appreciate your feedback. Please use the buttons below to vote about your experience today. Best regards, Ahmed Amazon Game Studios Thank you for your inquiry. Did I solve your problem? Yes No Your feedback is helping us build Earth's Most Customer-Centric Company.  Case ^cc1 Document 9 Filed 03/14/24 @ 17 of 23 M Gmail Your Twitch Inquiry 1 message cs-reply@amazon.com \u003Ccs-reply@amazon.com\u003E Reply-To: cs-reply+A3F7S8BGA1XWG5@amazon.com To: andrew.g.~h@gmail.com Andrew ~h \u003Candrew.g.~h@gmail.com\u003E Sat, Nov 11, 2023 at 8:53 AM amazon Your Account Amazon.com Message From Customer Service Hello, Thank you for contacting us. There's no appeal process for Discord penalties at this time. Please make sure to review our Terms of Service and Code of Conduct policies for Amazon Games before joining additional community servers. • https://www.amazon.com/help/ags/terms • https://www.amazon.com/help/ags/coc Thanks for contacting Amazon Games! We'd appreciate your feedback. Please use the buttons below to vote about your experience today. Best regards, Daniel L Amazon Game Studios Thank you for your inquiry. Did I solve your problem? Yes No Your feedback is helping us build Earth's Most Customer-Centric Company.  Case ^cc1 Document 9 Filed 03/14/24 @ 18 of 23 MGmail Your Amazon Games Inquiry 1 message cs-reply@amazon.com \u003Ccs-reply@amazon.com\u003E Reply-To: cs-reply+A16J84CONLE1L6@amazon.com To: andrew.g.~h@gmail.com Andrew ~h \u003Candrew.g.~h@gmail.com\u003E Tue, Jan 2, 2024 at 4:42 AM amazon Your Account Amazon.com Message From Customer Service Hello, Thank you for contacting us. There's no appeal process for Discord penalties at this time. Please make sure to review our Terms of Service and Code of Conduct policies for Amazon Games before joining additional community servers. https://www.amazon.com/help/ags/terms https://www.amazon.com/help/ags/coc Thanks for contacting Amazon Games! We'd appreciate your feedback. Please use the buttons below to vote about your experience today. Best regards, Amazon Game Studios Thank you for your inquiry. Did I solve your problem? Yes No Your feedback is helping us build Earth's Most Customer-Centric Company.    Case ^cc1 Document 9 Filed 03/14/24 @ 19 of 23 IV. SUPPLEMENT OF ^xS FOR PENDING ~3 HEARING   On March 12, 2024 in response to Amazon's Notice of Removal, I proceeded to file the beginning of this Ex Parte Application for ~4. With the initial filings I presented a copy of the pending ~m for ~3. The original filing in the Superior Court, County of Sacramento, was accompanied by an attached USB drive, which furnished all ^xs as digital ^xs. I am furnishing this court with a copy of this USB drive, with additional ^xs which are to be amended into the original ~m for ~3, in the Superior Court. This includes new ^xs explaining the "FAGHIFA” incident, and "FahQtoo" incident.   11 12 New World splash screen or loading screen for over a year. Eventually there was a “band-aid" fix as if Labeled as ^x N and ^x O respectively. “FAGHIFA" was lettering that was displayed on the 13 14     it looks like someone just blotted out the letter "F" with Microsoft Paint or something. This shows that Amazon knew it was inappropriate, but they took minimal efforts to resolve the fact that hate speech was being broadcast on the splash screen of their game for over a year. This is unacceptable. "FahQtoo" is the name of a Discord User, sponsored by Amazon Employees and given a special pink name, or Discord User Role, called "Helpful". The name "FahQtoo" is an obvious bastardization of the phrase "Fuck You Too". As stated previously in my ~m for ~3, this "special" group of discord users, are sponsored by Amazon Staff, and frequently engage in the harassment and the belittlement of Amazon Customers. As stated in my complaint, the Amazon staff functioning in Amazon Games, and in the "New World Official Discord" are so far detached from the policy of Amazon Retail, that they have allowed the creation of this special role of "Helpful / Contributors" who bicker and fight in real time, with Amazon Customers. Often provoking Amazon customers as well. The whole Discord server in general is an extreme liability, while the "real time" communication and feeling of being able to interact with Amazon Games staff seemed like a good idea - it destroyed the record keeping of traditional web forums, or the New World Forums, the first place the New World game community interacted. And it created a rogue administration, (which Amazon Games is frankly a rogue administration) detached from the traditional "customer-centric” policies of ~h V. ^am * EX PARTE APPLICATION FOR ~4 * CLOSING SUPPLEMENTS @ 8  Case ^cc1 Document 9 Filed 03/14/24 @ 20 of 23 1 Amazon. “Fairuza” is also an extremely toxic and abusive “helpful" role discord user appointed by 2 3 4 5 Community Management. They have assigned and removed several others, that were equally toxic and abusive towards Amazon Customers. I believe that some of these are actually Amazon Games staff functioning on "alt" or alternative discord accounts. This is unacceptable. Here is the entire ^x List for the ~m for ~3; 6 7 8 9 ^xS ~toc AND DESCRIPTIONS 10   THE FOLLOWING ^xS ARE LOCATED ON THE USB THUMB DRIVE PROVIDED WITH FILING AND OR SERVICE. THESE FILES ARE LABELED AS ^x A THROUGH ^x O. THESE ^xS ARE EITHER IN .MP4 FORMAT VIEWABLE WITH VLC MEDIA PLAYER ETC, OR PDF FORMAT.     ^x A – Hospital Records from Sutter Roseville, indicating the diagnosis of Congestive Heart Failure. ^x B – Reproduction of Discord Timeouts, these reproductions were on another Discord account. It shows the kinds of messages that I was sending, and receiving Timeouts for, these types of messages. I.e. No EULA was violated, no swear words. Then I was targeted and banned. ^x C – A video showing what happens when I try to connect to New World Official Discord with my business (Main Dojx account), "Unable to accept invite" = banned. The server revokes invites to my Discord Account. ^x D – Amazon.com and Amazon Games refusal to do anything to overturn 25 wrongful new world official discord ban, as well as closing all support tickets at associate level 26 27 even though I was pleading in Emails to have my support tickets escalated. ^x E – An e-mail, Day 3 of me exhausting myself trying to end Amazon Games 28 Employees cyberstalking me and harassment. In this e-mail I was notifying them that I would * ~h V. ^am EX PARTE APPLICATION FOR ~4 * CLOSING SUPPLEMENTS @ 9  Case ^cc1 Document 9 Filed 03/14/24 @ 21 of 23 1 have to take legal action as they kept closing my support tickets without escalation. I was also telling them it was affecting my health. None of the employees cared, or even read for all I know anything I said. They just kept closing my support tickets and cries for help. 2     ^x F – A document of the Youngblood v. Wilcox case where an elderly couple was barred from using the services of a club they were members of. Or in other words they were banned from their community like I was banned from mine. For reference for the judge and court. ^x G – video documentation of me logging into my four new world accounts, 10,000 hours invested into New World. ^x H – pdf files of my purchases of $1700 dollars USD invested in New World. ^x I – Video of excerpts from Amazon.com Agent Mark S Repeatedly closing support chat when I'm trying to report and document in-game harassment. ^x J – Video production of what happens when any user, tries to use the name ^d. ^d is now a community flagged word in the New World Official Discord. ^x K – Hospital records from Dr. Pease at Sutter Roseville, Reference to my PTSD triggers and Waking up to nightmares. As well as obvious accompanying signs of Heart Failure. ^x L – E-mail correspondence with John Smedley (Now former CEO of Amazon 18 Games) from 2015, when ^a was the victim of Corporate Abuse, or abuse 19 from the employees of a Company, LLC. John Smedley resolved this situation for Andrew Grant 20 ~h. Gaming can be a competitive environment, and employees of Corporations or 21 Companies, acting on behalf of those business entities, can abuse their powers. 22 23 24 This ^x is being provided to show Evidence that ^a has been the target of Corporate Abuses of power, prior to this case with ^am, and was coincidentally relieved by John Smedley, now former CEO of Amazon Games. John Smedley, on 25 January 11, 2023, announced his departure from Amazon Games. ^x M – All of my Amazon services in functional and good standing on the day of 26 27 serving the complaint, and serving the notice and ~m for ~3. 28 * ~h V. ^am EX PARTE APPLICATION FOR ~4 CLOSING SUPPLEMENTS @ 10    11 12 Case ^cc1 Document 9 Filed 03/14/24 @ 22 of 23 ^x N – Hate Speech or the word “FAG” or “FAGHIFA” in the new world splash loading screen for over a year. ^x O – FahQtoo or FuckYouToo Amazon Sponsored,Discord User assigned by community management at Amazon Games. V. CLOSING ARGUMENTS, DECLARATIONS AND PLEADINGS 13   21 22 23   As of right now the time for Amazon to respond to my action in the Superior Court, County of Sacramento has expired. I have received no written legal response to the original summons, properly served upon Amazon, notifying them to respond in the Superior Court. On this ground I would implore the court, that this case be remanded immediately, so that the present legal jurisdiction and pending legal proceedings be resolved. After much thought and contemplation, I am understanding Amazon's legal strategy to upend and curtail legal responsibility in the form of the pending ~3, and this is the reason that their council has filed the notice of removal, to disrupt me from seeking Emergency Injunctive Medical Relief. This is a sham removal to upset and avoid pending legal proceedings. It's a sham removal to prevent me from receiving medical aid, and relief. I believe I deserve a legal response, and I believe that the Superior Court, County of Sacramento deserves a legal response to the original complaint filed. Upon these grounds and by this Ex Parte Application For ~4, I implore and plead that this case be immediately remanded into the Jurisdiction of the Superior Court, County of Sacramento. 28 * ~h V. ^am EX PARTE APPLICATION FOR ~4 * CLOSING SUPPLEMENTS @ 11  Case ^cc1 Document 9 Filed 03/14/24 @ 23 of 23   Finally upon these grounds, and all other grounds stated in my filings associated with this Application, and most importantly for my Medical health, and my mental health and wellbeing, I implore, plead, and pray, that this case be immediately remanded into the Jurisdiction of the Superior Court, County of Sacramento. 5 6 7 8 I declare under penalty of perjury under the laws of the State of California, and the ~2, that the foregoing is true and correct. 9 10   14     3-14-241 DATE ^p IN PRO PER ^a ~h V. ^am * EX PARTE APPLICATION FOR ~4 * CLOSING SUPPLEMENTS @ 12  Case ^cc1 Document 9-1 Filed 03/14/24 @ 1 of 2 NAME, ADDRESS AND TELEPHONE NUMBER OF ATTORNEY(S) ^a ~pa, 95827 (916)-365-5434 ^e FILED MAR 14 2024 CLERK, ~d BY ms DEPUTY CUER ^c6 ^a CASE NUMBER ^cc1 ^p(S), V. ^am ^df(S). PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE I, the undersigned, certify and declare that I am over the age of 18 years, I am a resident of the Thursday, March 14th, 20 24 EX PARTE APPLICATION FOR ~4 CLOSING SUPPLEMENTS AND USB DRIVE party to the above-entitled cause. On State of California, and not a I served a true copy of by personally delivering it to the person (s) indicated below in the manner as provided in FRCivP 5(b); by depositing it in the ~2 Mail in a sealed envelope with the postage thereon fully prepaid to the following: (list names and addresses for person(s) served. Attach additional @s if necessary.) goos savament additional Deses if nececramento, CA 95605 Place of Mailing: 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833- Executed on Thursday, March 14th, 20 24 at 1:57 puy Sacramento Please check one of these boxes if service is made by mail: California I hereby certify that I am a member of the Bar of the ~2 ~dc, Central District of California. I hereby certify that I am employed in the office of a member of the Bar of this Court at whose direction the service was made.   I hereby certify under the penalty of perjury that the foregoing is true and correct. Signature of Person Making Service I, Signature CV-40 (01/00) ACKNOWLEDGEMENT OF SERVICE received a true copy of the within document on ^am Party Served PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE  Case ^cc1 Document 9-1 Filed 03/14/24 @ 2 of 2 NAME, ADDRESS AND TELEPHONE NUMBER OF ATTORNEY(S) ^a ~pa, 95827 (916)-365-5434 ^e ANDREW GRANT HA ^am TO MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com ANNIE S. ZHANG (State Bar No. 327381) ^e1 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor Los Angeles, California 90017-2566 Telephone: (213) 633-6800 Fax: (213) 633-6899 ^c6 FILED MAR 14 2024 CASE NUMBER ^cc1 ^p(S), CLERK, ~d BY DEPUTY CLERK ^df(S). PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE I, the undersigned, certify and declare that I am over the age of 18 years, party to the above-entitled cause. On I am a resident of the 20 24 State of California, and not a Thursday March 14th I served a true copy of EX PARTE APPLICATION FOR ~4 CLOSING SUPPLEMENTS and (USB Drive by personally delivering it to the person (s) indicated below in the manner as provided in FRCivP 5(b); by depositing it in the ~2 Mail in a sealed envelope with the postage thereon fully prepaid to the following: (list names and addresses for person(s) served. Attach additional @s if necessary.) 2710 Crate way Oaks sacramento, CA 95863 9500 Kiefer Blvd, Sacramento, CA 95827 Place of Mailing: Executed on Thursday March 14th 20 24 at 1:52 pm Please check one of these boxes if service is made by mail: Sacramento California I hereby certify that I am a member of the Bar of the ~2 ~dc, Central District of California. I hereby certify that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. I hereby certify under the penalty of perjury that the foregoing is true and correct. Signature of Person Making Service I, Signature CV-40 (01/00) ACKNOWLEDGEMENT OF SERVICE received a true copy of the within document on ^am Party Served PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE  ### MINUTE ORDER ### Full docket text for document 9: ~4 by ^a. (Attachments: # (1) Proof of Service) (Woodson, A) # end minute order #   Case ^cc1 Document 10 Filed 03/14/24 @ 1 of 1 ^c6 5 Notice of Lodging- or Manual filing 6 7     Please take Notice: 2:24-CV-00729 TLNDB Pursuant to Local Rule 5-4.2, the following items C USB Drive) are exempt from Electronic filing, and will be manually Lodged. Reason: FILED MAR 14 2024 CLERK BS. EASTERN-TRIC BY Other :- USB Drive with ^xs Ams Attached - Ex Parte Application for ~4 Closing Supplements  3-14-24  AO 72 (Rev. 8/82) ^a Cacatt  ### MINUTE ORDER ### Full docket text for document 10: NOTICE of LODGING of USB drive by ^a. (Woodson, A) # end minute order # Case ^cc1 Document 11 Filed 03/15/24 @ 1 of 3   P.O. BOX 278004 ^a SACRAMENTO CA, 95827 (916)-365-5434 ^e 4 ^a, IN PRO PER   FILED MAR 15 2024 CLERK, U.S. ~dc EASTERN DISTOF CALIFORNIA BY INSTAPELI DEPUTY CLERK ^c6 11 12 Case No.: ^cc1 13 ^a, 14 ^p, 15 OBJECTION TO OPPOSING COUNCIL'S ~m STIPULATION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT 16 17   V. ^am ^df. * ~h V. ^am OBJECTION TO OPPOSING COUNCIL'S ~m STIPULATION TO EXTEND @ 1  Case ^cc1 Document 11 Filed 03/15/24 @ 2 of 3   7 I was lied to and harassed on our last meet and confer by Mark C. Burnside, on Tuesday March 12th, in which conversation Mark C. Burnside, lied about a lot of things, and tried to intimidate me and provoke fear into me so that I wouldn't proceed with Ex Parte Application for ~4. Therefore I revoke any consent, and dissolve any oral agreement, (which I have told them already), and I want response according to the 7 day window afforded to them via Federal Rules of Procedure. Furthermore opposing council waited 29 days to remove at the last moment, instead of 8 responding. None of this is my fault. 9 10   14     I declare under penalty of perjury under the laws of the State of California, and the ~2, that the foregoing is true and correct. 3-14-24 DATE Cult e ^p IN PRO PER ^a ~h V. ^am * OBJECTION TO OPPOSING COUNCIL'S ~m STIPULATION TO EXTEND @ 2  Case ^cc1 Document 11 Filed 03/15/24 @ 3 of 3 NAME, ADDRESS AND TELEPHONE NUMBER OF ATTORNEY(S) ^a ~pa, 95827 (916)-365-5434 ^e TO MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com ANNIE S. ZHANG (State Bar No. 327381) ^e1 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor Los Angeles, California 90017-2566 Telephone: (213) 633-6800 Fax: (213) 633-6899 ^c6 ^a CASE NUMBER ^cc1 ^p(S), V. ^am PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE ^df(S). I, the undersigned, certify and declare that I am over the age of 18 years, Objection to extend deadline. party to the above-entitled cause. On (partyt I am a resident of the Thursday March 14th 20 24 State of California, and not a I served a true copy of by personally delivering it to the person (s) indicated below in the manner as provided in FRCivP 5(b); by depositing it in the ~2 Mail in a sealed envelope with the postage thereon fully prepaid to the following: (list names and addresses for person(s) served. Attach additional @s if necessary.) 9500 Kiefer Blvd, Sacramento, CA 95827 Place of Mailing: Executed on Thursday March 14th 20 24 at 4:53 pm Sacramento Please check one of these boxes if service is made by mail: California I hereby certify that I am a member of the Bar of the ~2 ~dc, Central District of California. I hereby certify that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. I hereby certify under the penalty of perjury that the foregoing is true and correct. I, Signature CV-40 (01/00) Signature of Person Making Service ACKNOWLEDGEMENT OF SERVICE received a true copy of the within document on ^am Party Served PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE  ### MINUTE ORDER ### Full docket text for document 11: OPPOSITION by ^a to [8] ~m for Extension of Time. (Murphy, J) # end minute order # Case ^cc1 Document 12 Filed 03/18/24 @ 1 of 10 1 ^a 2 SACRAMENTO CA, 95827 (916)-365-5434 3 P.O. BOX 278004 ^e FILED MAR 18 2024 4 ^a, IN PRO PER 5 CLERK, U.S ~dc ~ed BY DEPUTY CLERK   ^c6 12 Case No.: ^cc1 13 ^a, DECLARATION OF EMERGENCY 14 ^p, 15 IN SUPPORT OF EX PARTE APPLICATION FOR ~4 16 V. 17 18 ^am Ii. II. 19 ^df. 20   ~~toc~ @ 1 DECLARATION OF EMERGENCY @ 2 28 U.S. CODE § 1447 (c) ~4 must be filed within 30 days of removal. * ~h V. ^am DECLARATION OF EMEGENCY HYPERTENSIVE CRISIS @ 1  1 2 Case ^cc1 Document 12 Filed 03/18/24 @ 2 of 10 II. DECLARATION OF EMERGENCY       I, ^a, the ^p in this case, do prepare and submit this declaration of the emergency situation which has transpired as a result of the results of ^am, (Amazon) and their removal of my case to the Federal Jurisdiction, or courts. On Friday March 15th 2024, I had my first echocardiogram scheduled, since my emergency hospitalization on November 20th-23rd 2023. It has been difficult to navigate finding medical treatment through the Medi-Cal program. I have suffered much grief, sorrow, and distress since the removal of my case. My appointment with the Cardiologist on Friday, March 15th was simply a coincidence to these events. As it had been scheduled about a month in advance. Notice of Removal was Friday March 8th 2024, the following Tuesday, March 12th I began filing my Ex Parte Application for ~4, which coincided with the bizarre and distasteful "meet and confer", with opposing council where I was simply attempting to inform him (Mark C."
   },
   {
     "id": 4,
     "text": "Burnside) of the actions I needed to take in response to the removal. As stated previously in my filings, this “meet and confer" was filled with lies threats and intimidation. After March 8th, 2024, in response to the removal, I was filled with a sense of urgency, to act swiftly to respond. As I began to fear for the integrity of my rights, and the legal processes I had initiated, particularly for the ~3, that, coupled with this very distasteful meeting, spiraled into the emergency along with other factors. I had to move swiftly, my filing was done in haste, and I apologize for any errors in grammar or 22 procedure, but it truly has been a state of emergency for me, as all of this stress resulted in a weeks long hypertensive crisis. My blood pressure readings was 232 at around 11pm on Friday March 15th 2024 23   (this verbal reading was given to me by the Nurse). Some of the medical information from this meeting is attached as ^x A. My previously prescribed dose of Carvedilol (Coreg) was increased from 6.25 mg twice daily to 12.5 mg twice daily by my cardiologist until we are able "to get this situation under control". 28 ~h V. ^am * DECLARATION OF EMEGENCY HYPERTENSIVE CRISIS @ 2  Case ^cc1 Document 12 Filed 03/18/24 @ 3 of 10       This record is submitted to the court to bring to light, the undue stress, and undue hardship, as I currently navigate this legal process as a Pro Se litigant, alone, with only my own intelligence, resources, disabilities, and vast disadvantages. We are going to move forward from this but in the future, I would recommend that opposing council doesn't yell and hang up the phone, in the middle of our conversations. These things are extremely distasteful and not helpful. And only compound the stress, and daily struggle and suffering. My mother was leaving to dog sit last night, and will be gone for a few weeks, on vacation with my sister. I observed in her countenance that she was sad and distraught. She had all of her things packed and ready to go and I asked her "I thought you would be excited to go, why do you look sad?” She replied, "I am excited to go but I just worry for you." I have suffered through a lot in the last 5 months, witnessing the entire destruction of my artwork, my business, my dreams, my health, but seeing my mother suffer for me, and my family suffer for me, and fear for me, is extremely upsetting. At any rate the purpose of this declaration, is to provide the medical documentation, to affirm the state of emergency I have been in. As an ex parte application, requires emergency circumstances, I want to make sure the judge can see the medical side of things, and weigh in the factors of undue stress, undue hardship, and my disabilities in any decision he has to make. Another stressor is that Civil Self-Help Services, (a free pro se service available to Sacramento County residents) is a right I no longer have access to, if my case is removed to federal court. Because they only can help with state cases. My SSI benefits have been completely diminished every month, since this began. However this month quite rapidly with the expenses of service, gas, postage etc. I am asking that the court consider these factors and all other factors in weighing the disparity of equities. Also pending the discovery and identity of different John Does (particularly those developers in Amazon Games, Studios, San Diego and Orange County who are Residents/Citizens of California which destroy "diversity"). Considering also, most importantly, my choice as a disabled veteran, to have my personal injury case heard in California State courts, the place of principle injury. I have circled the blood pressure readings, Systolic (generally the first number in blood pressure 28 readings but backwards in this printout they do Diastolic first) and Diastolic. Essentially this @ ~h V. ^am * DECLARATION OF EMEGENCY HYPERTENSIVE CRISIS @ 3  Case ^cc1 Document 12 Filed 03/18/24 @ 4 of 10   7 shows 210/110 blood pressure on Friday March 15th. The BP Resting 156/98 is under the wrong column this is my BP from intake 2/21/2024. Which under its column also ready 156. At home I am normally reading ~135/80 stress free. My stressors increase when in public, or at appointments (hence 156) but under extreme stress of last week it reached 210/110 in the records and I was verbally told by the nurse it was 232/x at one point. (She didn't tell me the second number). The doctor also told me I can't live like this, and I am in the range of being at risk for a stroke. Suffice it to say I have been in a state of hypertensive crisis, due to the upheaval of what I 8 consider my rights and privileges, and the diligent and due process I began in filing my complaint, and 9 scheduling the ~m for ~3, which was to provide me E~mAL RELIEF, 10 emergency injunctive relief, to help reduce my overall stress, and improve my heart health. Ultimately     21 with hopes of restoring some ability to create my artwork again, and enjoy the activities and rights, and happiness in my Twitch, and YouTube channels which has been my main source of therapeutic relief for the last approximately 7 years of content creation. I also wish to enjoy my investments in New World, but all of this brings me undue stress, knowing the pending litigations, and community management in New World, and perhaps Amazon itself, looms over me threatening to exact further destruction upon that which I have created, and my life in general. The ~3 was to attempt to begin repair all of that. I don't think its right that I should have to file for Ex Parte, or application for restraining order, or re-file ~3 in the Federal Court, when it can simply be remanded, hopefully swiftly back to state court, and all the processes, right and procedures back in their place. Thank you for your time and consideration of how stress, undue stress and hardship, and overall e~mal distress have created this emergency and in reality, are at the heart of my overall struggle with 22 23 Amazon. 24 Please proceed to the cardiologist records, ^x A.   * ~h V. ^am DECLARATION OF EMEGENCY HYPERTENSIVE CRISIS @ 4        Case ^cc1 Document 12 Filed 03/18/24 @ 5 of 10 ^x A * ~h V. ^am DECLARATION OF EMEGENCY HYPERTENSIVE CRISIS @ 5  Case ^cc1 Document 12 Filed 03/18/24 @ 6 of 10 Sacramento Heart - Main Office 500 University Ave, Sacramento, CA 95825-6504 (916) 830-2000 Fax: (916) 830-2001 Andrew ~h 41 Years Old Male DOB: [All] FRACSHORTLV (%) A&P#1 CARDIO A&P#2 CARDIO 03/18/2024 08:14 AM 1 @ Flowsheet Home: 294816 Insurance: River City Blue Cross Mcal 03/15/2024 03/08/2024 02/21/2024 Date 26 Malignan Malignant Renal ar EKG: Sint without \u003C Done ABDOMEN EXAM without ALLERGY REV Done ANTR WAL MOT normal AORT V OPENI (cm) 1.9 AORTIC RT DI (cm) 3.3 AORTIC VALVE normal APCL WAL MOT normal ASC AO (cm) BMI (kg/m2) BP CUFF SIZE 3.2 31.71 regular 110 31.47 regular BP DIA #2 (mm Hg) BP DIASTOLIC (mmHg) 110 98 BPRESTING 156/98 BP SITE #1 Left Left BP SITE 12 Right BP SYS #2 (mm Hg) 210 BP SYSTOLIC (mmHg) 210 156 BP#4COM SIP Crit BSA 2.28 2.27 CARDIAC EF (%) 50 CARETRANSIN CHEST EXAM CHEST INSPEC CHIEF CMPLNT Transiti clear to normal Multiple Transitic clear to normal HTN CLINMSG PAT DIET COUNSEL Diet pla: DM HX EC PA PRESS 23 ECCAATRLAVIN 20 ECHO MVPHALF (ms) 62 ECHO PEAK AV (m/sec) 1.4 ECHO PST WM normal ECHOCARDDATE 03/15/20 ECHODOPMVCOM 0.9 1 Diet plar NO^^ \u003E\u003E - Panic High Abnormal conditions are flagged with one of the following characters in the first column: \u003C - High Report run by Lillie Jackson - Abnormal :-Very Abnormal - Low \u003E 1 - Panic Low * -Other  Case ^cc1 Document 12 Filed 03/18/24 @ 7 of 10 Sacramento Heart - Main Office 500 University Ave, Sacramento, CA 95825-6504 (916) 830-2000 Fax: (916) 830-2001 Andrew ~h 41 Years Old Male DOB: Medications 03/18/2024 08:15 AM @ 1 Medications Report Home: 294816 Insurance: River City Blue Cross Mcal Last Reviewed: 03/15/2024 losartan 100 mg tablet (losartan), Take 1 tablet by mouth once Prescriptions/Refills a day Med Status: Active Medication Last Refill: Start Date: Stop Date: \u003Cno stop date\u003E Stop Reason: Entered By: Leon Paraoan Entry Date: 02/27/2024 12:39 PM Comment: #90 tablet x 3, 02/27/2024, Michael D Fugit MD FACC spironolactone 25 mg tablet (spironolactone), Take 1/2 tablet Prescriptions/Refills by mouth once a day Med Status: Active Medication Last Refill: Start Date: Stop Date: \u003Cno stop date\u003E Stop Reason: Entered By: Leon Paraoan Entry Date: 02/27/2024 12:39 PM Comment: bumetanide 0.5 mg tablet (bumetanide), Take 1 tablet by mouth once a day as needed for edema Med Status: Active Medication Last Refill: Start Date: Stop Date: \u003Cno stop date\u003E Stop Reason: Entered By: Leon Paraoan Entry Date: 02/27/2024 Comment: 12:39 PM carvedilol 12.5 mg tablet (carvedilol), TAKE 1 TABLET BY MOUTH TWICE A DAY Med Status: Active Medication Last Refill: Start Date: 03/15/2024 Stop Date: \u003Cno stop date\u003E Stop Reason: Entered By: Michael D Fugit MD FACC Entry Date: 03/15/2024 11:59 AM Comment: #45 tablet x 3, 02/27/2024, Michael D Fugit MD FACC Prescriptions/Refills #390 tablet x 3, 02/27/2024, Michael D Fugit MD FACC Prescriptions/Refills #180 tablet x 3, 03/15/2024, Michael D Fugit MD FACC Report run by Lillie Jackson  Document 12 Filed 03/18/24 @ 8Mar2018, 2024 @ 1 Office Visit Sacramento: Pleart-Main Office 500 University Ave Sacramento, CA 95825-6504 Phone: (916) 830-2000 Fax: (916) 830-2001 Email: Andrew ~h 41 Years Old Male DOB: Home: 294816 Ins: Nivano Blue Cross Mcal 03/15/2024-Office Visit: Cardiology Recheck Provider: Michael D Fugit MD FACC Location of Care: Sacramento Heart - Main Office Cardiology Recheck Ref. MD: Ira Joyner Chief Complaint: Multiple Cardiovascular Problems HPI: 41-year-old male recently referred for assistance in management of hypertension. At her previous appointment Coreg was increased to 6.25 mg p.o. twice daily with losartan/spironolactone maintained on current dose. He is reporting a host of anxiety issues relating to prior childhood diagnosis of PTSD as well as ongoing legal battle with Amazon. He reports significant amount of anxiety which tends to significantly raise his blood pressure. He remains compliant with his medications as listed. Risk Factors Tobacco History: never smoker Passive smoke exposure: No Hypertension: Yes Diabetes: No Hyperlipidemia: No Sedentary life style: No Obesity: No Family Hx CAD: No Past Medical History: (Reviewed - No changes required) Personal History: Alcohol use: No Caffine use: No Exercise: No Drug use: No Family History: Reviewed Social History: Reviewed. Review of Systems General: see HPI Eyes: denies blurring, double vision, vision loss, photophobia Ears/Nose/Throat: denies tinnitus, decreased hearing, dysphagia Cardiovascular: see HΡΙ Respiratory: see HPI Gastrointestinal: denies nausea, vomiting, diarrhea, constipation, abdominal pain, melena    7 Case ^cc1 Document 12 Filed 03/18/24 @ 9 of 10 I declare under penalty of perjury under the laws of the State of California, and the United 8 9 States, that the foregoing is true and correct. 10   3-18-24 DATE Culat ^p IN PRO PER ^a 1.4     * ~h V. ^am DECLARATION OF EMEGENCY HYPERTENSIVE CRISIS @ 6  Case ^cc1 Document 12 Filed 03/18/24 @ 10 of 10 NAME, ADDRESS AND TELEPHONE NUMBER OF ATTORNEY(S) ^a ~pa, 95827 (916)-365-5434 ^e TO MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com ANNIE S. ZHANG (State Bar No. 327381) ^e1 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor Los Angeles, California 90017-2566 Telephone: (213) 633-6800 Fax: (213) 633-6899 ^c6 ^a CASE NUMBER ^cc1 ^p(S), V. ^am PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE ^df(S). I, the undersigned, certify and declare that I am over the age of 18 years, party to the above-entitled cause. On Declartion of Emergency 20 24 State of California, and not a I served a true copy of by personally delivering it to the person (s) indicated below in the manner as provided in FRCivP 5(b); by depositing it in the ~2 Mail in a sealed envelope with the postage thereon fully prepaid to the following: (list names and addresses for person(s) served. Attach additional @s if necessary.) Place of Mailing: 9728 Executed on March 18 Kent 20 24 st Elk Grove CA 95624 at 10:39 Aim. California Please check one of these boxes if service is made by mail: I hereby certify that I am a member of the Bar of the ~2 ~dc, Central District of California. I hereby certify that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. I hereby certify under the penalty of perjury that the foregoing is true and correct. C Signature of Person Making Service I, Signature CV-40 (01/00) ACKNOWLEDGEMENT OF SERVICE received a true copy of the within document on ^am Party Served PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE  ### MINUTE ORDER ### Full docket text for document 12: DECLARATION of ^a In Support of [9] ~4. (Murphy, J) # end minute order # Name & Address: ANDREW GRANT HAYM@TLN-DB Document 13 Filed 03/20/24 @ 1 of 2 ~pa, 95827 (916)-365-5434 ^e ~2 ~dc FILED MAR 20 2024 CLERK, ~d ~ed DEPUTERK ^a ^p(S) V. ^am CASE NUMBER: ^cc1 NOTICE OF MANUAL FILING OR LODGING PLEASE TAKE NOTICE: ^df(S). Pursuant to Local Rule 5-4.2, the following document(s) or item(s) are exempt from electronic filing, and will therefore be manually Filed   Lodged: (List Documents) USB Drive of Digital ^xs for ~h V. Amazon ~m for ~3 Reason: Under Seal In Camera Items not conducive to e-filing (i.e., videotapes, CDROM, large graphic charts) Per Court order dated: Other: USB hard drive at Digital ^xs 3-20-24 Date Attorney Name Plachtiff Proper Party Represented Note: File one Notice of Manual Filing or Lodging in each case, each time you manually submit a document(s). G-92 (05/15) NOTICE OF MANUAL FILING OR LODGING  Case ^cc1 Document 13 Filed 03/20/24 @ 2 of 2 NAME, ADDRESS AND TELEPHONE NUMBER OF ATTORNEY(S) ^a ~pa, 95827 (916)-365-5434 ^e ΤΟ MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com ANNIE S. ZHANG (State Bar No. 327381) ^e1 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor Los Angeles, California 90017-2566 Telephone: (213) 633-6800 Fax: (213) 633-6899 ^c6 ^a CASE NUMBER ^cc1 ^p(S), V. ^am PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE ^df(S). I, the undersigned, certify and declare that I am over the age of 18 years, 20 24 State of California, and not a I served a true copy of party to the above entitled cause. On 320-24 ~m for Preliminary FuJunction by personally delivering it to the person (s) indicated below in the manner as provided in FRCivP 5(b); by depositing it in the ~2 Mail in a sealed envelope with the postage thereon fully prepaid to the following: (list names and addresses for person(s) served. Attach additional @s if necessary.) Place of Mailing: 900 Sacrauwento Ave Sacramen Executed on 3-2024 20 24 west Sacramento, CA 95605 at_1:46 pm California Please check one of these boxes if service is made by mail: I hereby certify that I am a member of the Bar of the ~2 ~dc, Central District of California. I hereby certify that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. I hereby certify under the penalty of perjury that the foregoing is true and correct. Your ne Signature of Person Making Making Servi Service I, Signature CV-40 (01/00) ACKNOWLEDGEMENT OF SERVICE received a true copy of the within document on ^am Party Served PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE  ### MINUTE ORDER ### Full docket text for document 13: NOTICE OF LODGING DOCUMENT(S) IN PAPER by ^a:. (Licea Chavez, V) # end minute order # ### MINUTE ORDER ### Full docket text for document 14: ~5 of USB from ^a,. (Text only entry) (Licea Chavez, V) # end minute order # Case ^cc1 Document 15 Filed 03/20/24 @ 1 of 44 1 ^a P.O. BOX 278004 2 SACRAMENTO CA, 95827 (916)-365-5434 3 ^e 4 ^a, IN PRO PER    ~2 ~dc FILED MAR 2 0 2024 CLERK, U.Ş. ~dc ~ed BY ~ed DEPUTY CLERK ^a, Case No.: ^cc1 ~m Reservation No.: ^p, 15 V. ~~toc~ @ 1 I. II. NOTICE OF ~m III. 16 17 18 ^am IV. 19 ^dfs. V. VI. 20 21 22 23   ADDRESS OF HEARING: ^c6 501 I STREET SACRAMENTO, CALIFORNIA, 95814 ......DATE & TIME @ 1 NOTICE OF ~m AND ~m FOR ~3... @ 2 MEMORANDUM AND POINTS OF AUTHORITIES...@ 5 DECLARATIONS... @ 17 ^xS... @ 3 VII. PROPOSED ORDER...@ 40 II. NOTICE OF ~m FOR ~3, FRCP § 65 DATE: MAY 3rd, 2024 TIME: 10:00 AM LOCATION: Courtroom 27 JUDGE: Honorable Deborah Barnes 28 ~h V. ^am * NOTICE OF ~m FOR ~3 @ 1  Case ^cc1 Document 15 Filed 03/20/24 @ 2 of 44     24 25 26 III. NOTICE OF ~m AND ~m FOR ~3, FRCP § 65 CAL. CODE CIV PROC § 526 (Injunctive relief to preserve status quo of current amazon services and provide some general relief for ^p by restoring access to New World Official Discord community) Το ^am, and to your duly appointed representation, MARK C. BURNSIDE in the matters of, Case No.: ^cc1 NOTICE IS HERBY GIVEN, that, on MAY 3rd, 2024, at 10:00AM, that the matter may be heard, in COURTROOM 27, at the ~2 ~dc, ~ed, 501 I STREET, SACRAMENTO, CALIFORNIA, 95814— ^p will, and hereby does move the court for a ~3 enjoining and restraining the above-named ^dfs and their officers, agents, employees, representatives, and all persons acting in concert or participating with them; that these persons restrain from engaging in or performing, directly or indirectly, any and all of the following acts: A.- ALL NAMED ^dfS, ^am, AND ITS AFFILIATES SHOULD RESTRAIN FROM— banning, abridging, suspending, manipulating, discriminating against, or in any way degrading the quality of ^p's enjoyment, in regards to his accounts associated with, AMAZON.COM RETAIL, NEW WORLD OFFICIAL DISCORD, TWITCH.TV/^d, AUDIBLE, PRIME GAMING, AND NEW WORLD GAME ACCOUNTS WITH CHARACTERS NAMED ^d, AND ^d LOOTS, which as a customer ^p has a right to enjoy throughout the duration of these litigations, and as a loyal paying customer in good standing. In fine─^am, AND ITS AFFILIATES SHOULD NOT RETALIATE AGAINST ^p'S ACCOUNTS OR SERVICES AS A RESULT OF THESE LITIGATIONS AND PROCEEDINGS WITHIN THE SUPERIOR OR ~dcS OF CALIFORNIA. 27 28 ~h V. ^am * NOTICE OF ~m FOR ~3 @ 2  Case ^cc1 Document 15 Filed 03/20/24 @ 3 of 44 1 B.- ALL NAMED ^dfS, ^am, AND ITS AFFILIATES 2 SHOULD RESTRAIN FROM THE CONINUANCE OF THE FOLLOWING ACTS— upholding 3 4 5 the permanent ban upon ^p, from the “club, community, or association" known as the "New World Official Discord”— said permanent ban being issued by AMAZON GAMES, and its employees. RESTRAIN FROM—upholding the name "^d” as a community flagged word   within the NEW WORLD OFFICIAL DISCORD. ^p wishes to have the freedom to enjoy these services, restored. Services which are associated with his New World game accounts, which are in fine and good standing. This ~m will be made on the grounds of FRCP § 65, (a) ~3. 12 (1) Notice. The court may issue a ~3 only on notice to the adverse party. 13 14 15 16 (2) Consolidating the Hearing with the Trial on the Merits. Before or after beginning the hearing on a ~m for a ~3, the court may advance the trial on the merits and consolidate it with the hearing. Even when consolidation is not ordered, evidence that is received on the ~m and that would be admissible at trial becomes part of the trial record and need not be repeated at trial. But the court must preserve any party's right to a jury trial. 17   Cal. Code Civ. Proc § 526, "(a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the ^p is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. * ~h V. ^am NOTICE OF ~m FOR ~3 @ 3  Case ^cc1 Document 15 Filed 03/20/24 @ 4 of 44   7 8 (3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual. (4) When pecuniary compensation would not afford adequate relief. (5) Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief. This ~m will be based on this notice, on the declarations of ^a, Lauren 9 ~h, and Cheryl Douglas, on the memorandum of points and authorities served and filed with this ~m, on the papers and records on file, on the digital ^xs provided with this ~m, and on such 10 11 12 oral and documentary evidence as may be presented at the hearing on the ~m. ^l and Cheryl Douglas will also be available for oral testimony on the day of the hearing. 13 14   3-20-24 DATE Coubett ^p IN PRO PER ^a 19 20   [continue to Memorandum] * ~h V. ^am NOTICE OF ~m FOR ~3 @ 4    Case ^cc1 Document 15 Filed 03/20/24 @ 5 of 44 IV. MEMORANDUM OF POINTS AND AUTHORITIES 4   12 13 (A.) GENERAL BASIS FOR INJUNCTIVE RELIEF General background and reasoning for request of the above injunctive relief- After 7 months of being harassed in game, ^p was also wrongfully and abusively banned from the New World Official Discord Community. See specifically paragraphs 52-60 of the complaint, @ 18, within the context of the FIFTH CAUSE OF ACTION. These acts committed on November 8th, 2023, by ^am, (AMAZON) OR ITS AFFILIATES WITHIN AMAZON GAMES, COMMUNITY MANAGEMENT, resulted in the causing of intense e~mal distress and permanent injuries to the ^p, requiring lifesaving hospitalization on November 20th - 23rd, 2023 (SEE DIGITAL ^x A. HOSPITAL RECORDS). 14   [BEGIN EXCERPT OF FIFTH CAUSE OF ACTION] FIFTH CAUSE OF ACTION INTENTIONAL INFLICTION OF E~mAL DISTRESS 18 19 (IIED due to culmination of events & final blow, DISCORD BAN, 12 days before hospitalization) 20   25 26 52. On November 8th 2023, ^p was engaged in the New World Official Discord in a friendly game related discussion, when seemingly out of nowhere he was being forcibly timed out by some DISCORD administrator or someone lurking in the DISCORD, among AG Community Management. JOHN DOE #1 "TrevzorFTW" was and is always online generally in DISCORD, and seems to take unusual pride in his status being at the very top above everyone else. ^p declares that AG Community Management worked in concert to discriminate against him and 27 silence his speech which was not inappropriate. 28 * ~h V. ^am NOTICE OF ~m FOR ~3 @ 5  Case ^cc1 Document 15 Filed 03/20/24 @ 6 of 44     24 25 53. At this point ^p began to feel like he was being targeted and stalked and directly harassed by AG Employees, as someone began to timeout his text inputs to DISCORD over and over. ^p began to feel like he was being targeted, and stalked and directly harassed by AG Employees, because previous to this, we have evidence that AG Employees have told him to “leave the server" (referring to El-Dorado New World Game Server), and closed support chats over and again, as well as being stalked and harassed in game for many months. Then being belittled and told to essentially quit the game when he asked for players to be investigated. ^xs of the video recording of the support chat with “Mark” DOE #3, from AG online chat support will be provided with the complaint alongside ~m for ~3. 54. At this time ^p began to express frustration with being timed out in DISCORD noting that he wasn't saying anything wrong and the system and or Administration was causing him to be placed on Time-Outs over and over again repeatedly. Which reproductions of said time outs are to be included as ^xs with the ~m for ~3. After expressing frustration with these Time-outs ^p was suddenly permanently banned from DISCORD, and tried multiple times to access the DISCORD via a new Discord invite hyper-link. 55. It is important for the courts to note the severity of the e~mal distress that the ^p began to suffer at this time, and in this moment. The moment that he was permanently banned for nothing. This is the moment that caused the ^p the greatest height in his fear and panic, as it triggered intense anxiety and fear, triggering his PTSD, causing him to fear exceedingly for the welfare of his accounts in which ^p has invested over 10,000 hours and over $1700 dollars. 56. In this one act, and abuse of power, by AMAZON/AG employees, ^p began to experience the greatest and most profound stress, as these fears began to consume him, knowing now that AMAZON/AG has the power to permanently ban him with impunity. At this moment someone, or some employees within Community Management, or Administration, targeted the 26 ^p and provoked a life changing series of events that would go on disabling him for the rest 27 of his life. The person or persons responsible for this act need to be appropriately named in this 28 * ~h V. ^am NOTICE OF ~m FOR ~3 @ 6  Case ^cc1 Document 15 Filed 03/20/24 @ 7 of 44   7 Complaint, when AMAZON has sufficiently conducted its investigations. Said investigations need to be brought forward to the court through due process and subpoena. 57. Although ^ps actual New World Game accounts were not Banned in this action, he was essentially expelled from the community and game that he had very much loved and appreciated and invested so many hours in since 2021. ^p perceived this act of unrighteous dominion to be a personal threat against himself, and his New World game accounts, again now witnessing that AG/AMAZON staff had power to permanently ban him from the community, with 8 impunity. ^xs of ^ps hours invested, and monetary investments are to be included with the ~m for ~3. 9   24 25 26 58. AMAZON's shadow began to loom over him in this moment and changed his life forever. In a hurricane of fear and panic ^p began to experience shortness of breath. Approximately three months had passed since ^p had complained (in August 2023) to AG about in game harassment, bullying, and stalking. As the shadow of his adversary (AMAZON/AG) began to loom over him he made a panic filled cry for help to Amazon Retail Customer Support, which phone call lasted a series of hours. And was one of many recorded phone calls that proceeded after. This particular cause of action, even now causes ^p heaviness in his chest to recall and think about as he is drafting this Complaint. It was the moment that all the abuses of AMAZON fell onto him at once and he could no longer sustain the stress and anguish that had been building in the subsequent months. 59. ^p was admitted into Emergency Room Hospitilization 12 days after this event on November 20th 2023, and diagnosed with Congestive Heart Failure due to 7 months of persistent and gross Negligence, Intentional Infliction of E~mal Distress, Cyberstalking & Stalking, Cyber Harassment & Harassment, Cyberbullying and Bullying; all these outrageous acts inflicted upon him not only by players in the community but now directly by AG STAFF and AMAZON Employees. ^p would discover from a phone call with Amazon Retail on November 17th and be told directly from an Amazon Employee investigating his case that AMAZON STAFF "were 27 found manipulating your in-game experience". The ^x of this phone call will be included with 28 the ~m for ~3. * ~h V. ^am NOTICE OF ~m FOR ~3 @ 7  Case ^cc1 Document 15 Filed 03/20/24 @ 8 of 44     24 60. ^p felt something was very wrong, around the time he began to initiate reports in August 2023, and attempted to keep good records. However, it is inevitable that some internal investigations be conducted within AMAZON and Cyber forensics be conducted on the New World server logs and these results be brought forward by subpoena; in order to fully establish the magnitude of AMAZON's gross negligence, in and through the processes and procedures of discovery of evidence. [END EXCERPT OF THE FIFTH CAUSE OF ACTION FROM ORIGINAL COMPLAINT] These actions have also resulted in permanent damage to the ^p's intellectual properties across Twitch.tv and YouTube.com, permanently damaging his artwork in the form of digital content creation, and resulting in lasting physical and e~mal traumas, and loss of enjoyment of life, and permanently disabling the ^p in the form of congestive heart failure. See also DIGITAL ^x B. for a reproduction of the grounds upon which AMAZON GAMES, COMMUNITY MANAGEMENT, expelled ^p "^d" from the club, association or community known as the NEW WORLD OFFICIAL DISCORD. See also DIGITAL ^x C. that shows the NEW WORLD OFFICIAL DISCORD being promoted as an auxiliary or appendix service within the game New World, by ^am, OR ITS AFFILIATES.) See DIGITAL ^xS D. AND E., after hours of frantic phone calls over several days and requests for escalation, across Amazon.com support chains, the essential dead-end Support, notifying ^p he was being penalized for crimes that didn't exist, [AGAIN SEE ^x B.]. Id Est, how can you be penalized, when you actually did nothing wrong??? And then provide no way to escape such penalties. This is where ^p realizes that AMAZON.COM and AMAZON GAMES COMMUNITY MANAGEMENT is threatening to destroy all of his investments, on top of being harassed in-game for 7 months, and furthermore, threatening to destroy all his intellectual properties and 25 26 27 artwork that he has been working on for approximately 8 years across Twitch.tv and YouTube) 28 * ~h V. ^am NOTICE OF ~m FOR ~3 @ 8  Case ^cc1 Document 15 Filed 03/20/24 @ 9 of 44 Essentially by refraining and restraining in these, above, acts, “^d” should also be unbanned 1 2 from New World Official Discord, community, and the undertaking of that specific action will require 3 affirmative or mandatory elements, or be interpreted as affirmative or mandatory elements. Or it may be   interpreted as purely prohibitory at the discretion of the Court, nevertheless it will require some action to undo the Permanent Ban. ^am, will have to take affirmative action to undo the ban upon the Discord User accounts “Dojx” and “Archlinuxprime”. The Business and Personal accounts of ^p respectively, that were banned by ^am, OR ITS AFFILIATES IN 8 AMAZON GAMES, COMMUNITY MANAGEMENT. Also, it will require affirmative action to 9 10 remove the name "^d” as a community flagged word, which is a custom, moderation parameter within the New World Discord. SEE DIGITAL ^x J.   [Federal Points and Authorities for ~3]   When ~m for ~3 is appropriate: A ~m for a ~3 under FRCP 65(a) is appropriate when there is a threat of immediate and irreparable injury to the party seeking the injunction unless the opposing party is enjoined prior to the time a trial on the merits can be held on a claim for permanent relief. Second Circuit: ~2 Postal Service v Brennan (1978, CA2 NY 579 f2d 188, 25 FR Serv 2d 749) Third Circuit: Cerro Metal Products v Marchall (1980, CA3 Pa) 620 F2d 964, 29 FR Serv 2d 828.   An injunction issues only when intervention of a court of equity is essential in order to protect rights against otherwise irremediable injuries. Supreme Court: Weinberger v Romero-Barcelo (1982) 456 US 305, 72 L Ed 2d 91, 102 S Ct 1798, 17 Envt Rep Cas 1217, 12 ELR 20538.   A ~3 is a judicial order that is intended to preserve the status quo pending an adjudication on the merits of a claim for permanent relief. Eight Circuit: Monohan v Nebraksa (1981, CA8) 645 F2d 592. * ~h V. ^am NOTICE OF ~m FOR ~3 @ 9  Case ^cc1 Document 15 Filed 03/20/24 @ 10 of 44   The status quo is the last uncontested status that preceded the pending controversy. District of Columbia Circuit: United Mine Workers v International Union, United Mine Workers (1969) 134 App DC 34, 412 F2d 165, 70 BNA LRRM 3383, 60 CCH LC; 10072 4 5 6   24 25 26 The purpose of a ~3 is to prevent injury and preserve the trial court's power to render a meaningful and effective decision after a trial on the merits. Third Circuit: CDE, Inc. v Source Capital, Inc. (1974, DC Del) 374 F Supp 1019. Ordinarily, a ~m for ~3 should be made at the same time, or after, the complaint asserting the claim for permanent relief is filed. Second Circuit: Studebaker Corp. v Griffin (1966, CA2 NY) 360 F2d 692. The movant should file the ~m for ~3 as soon as feasible after filing the complaint. A ~m for ~3 under FRCP(a) should assert that: (1) an injunction is necessary during the period before trial on the claim for permanent relief in order to prevent an irreparable injury; (2) there is a substantial likelihood that the moving party will prevail on the merits of the claim for permanent relief: (3) the injury the moving party will suffer if an injunction is not granted outweighs any possible injury to the opposing party if the injunction is granted; and (4) issuance of an injunction will not harm public interest. Security or Bond: The amount of security is to be fixed by the court in the exercise of its discretion. FRCP 65(c). See also Seventh Circuit: Citizens for Better Environment v Elm Grove (1979, ED WIS) 472 F Supp 1183. Generally, the security should be sufficient to reimburse the restrained party for any actual damages it may suffer if the injunction if found to be improper. Eighth Circuit: ABA Distributors, Inc. v Adolph Coors Co. (1981, WD Mo) 505 F Supp 831. The Court may in its discretion dispense with the requirement of security when there is no likelihood of harm to the enjoined party. Second Circuit: International Controls Corp. v Vesco (1974, 27 28 CA2 NY) 490 F2d 1334, CCH Fed Secur L Rep; 94356, cert den 417 US 932, 41 L Ed 2d 236, 94 S Ct * ~h V. ^am NOTICE OF ~m FOR ~3 @ 10    Case ^cc1 Document 15 Filed 03/20/24 @ 11 of 44 2644. Fifth Circuit: Corrigan Dispatch Co. v Casa Guzman, S. A. (1978, CA5 Tex) 569 F2d 300, 24 FR Serv 2d 1434 Cases when security may not be required, are when there is no risk of monetary loss to   ^df. Security may be waived if there is no likelihood of harm to enjoined party. Enjoined party to Renove However, I can Pay 50 Security. Hourly wage for Staff Discord Ban, And Remove "Doji" from Community Flagged Word list. [END FEDERAL POINTS AND AUTHORITIES, BEGIN CALIFORNIA STATE AUTHORITIES] [General statutory authorities for section A.] It is purposed that ^p and named ^dfs ^am, and Does 1-50 (Herein After as AMAZON), be enjoined in a prohibitory injunction, Authority administered through, Code Civ. Proc. § 526, See also Civ. Code § 3368, 3420. 11 "Civ. Code § 3368. Preventive Relief; method of giving- 12 Preventive relief is given by prohibiting a party from doing that which ought not to be done." 13 Civ. Code § 3420. Preventive Relief; injunction- 14 "Preventive relief is granted by injunction, provisional or final. 15 Cal. Code Civ. Proc § 526, 16 "(a) An injunction may be granted in the following cases: 17 18 19 20 (1) When it appears by the complaint that the ^p is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or 21 22 irreparable injury, to a party to the action. (3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in 23 24 violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual. (4) When pecuniary compensation would not afford adequate relief. (5) Where it would be extremely difficult to ascertain the amount of compensation which would afford 25 26 adequate relief." 27 28 * ~h V. ^am NOTICE OF ~m FOR ~3 @ 11  Case ^cc1 Document 15 Filed 03/20/24 @ 12 of 44   11 12 It is purposed that AMAZON restrain from actions described in in A and B of section III. of this document (III. NOTICE OF ~m AND ~m FOR ~3), however this may require some affirmative action or mandatory action, particularly noted in section B, to compel ^am, to revoke the permanent ban. An injunction may have mandatory aspects and still be deemed prohibitory. [See Youngblood v. Wilcox (1987) 207 Cal. App. 3d 1368, 1372 n. 1, 155 Cal. Rptr. 527 (Injunction to prevent club from prohibiting ousted members from use and enjoyment of club facilities pending determination on mertis)] (Excerpt from this case provided as DIGITAL ^x F.) Code Civ. Proc. § 527. “(a) A ~3 may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No ~3 shall be granted without notice to the opposing party." 13   21 22 23 (B.) PRESERVATION OF STATUS QUO [POINTS AND ARGUMENTS FOR SECTION B.J It is purposed that parties enter into this injunction, pending litigation, to preserve the status quo of the existing Amazon services, pending a decision on the merits. ^p wishes to be able to enjoy some semblance of the life he had before he was injured by AMAZON. This includes to be able to fully enjoy all the services of the product "New World" which ^p has invested more than 10,000 hours and $1700 dollars [see DIGITAL ^xS G. and H. respectively]. ^p has also suffered damages to his intellectual property across Twitch.tv/^d and YouTube.com/^d-in that he now fears repeated harm and retaliation from AMAZON, because of ^p's lawsuit. AMAZON Employees have purposely closed tech support chats when ^p was 24 trying to report in-game harassment. [see DIGITAL ^x I.] ^p was harassed by AMAZON 25 Employees, and permanently banned from the New World Official Discord and his online Persona or 26 Intellectual Property referred to as "^d" was damaged and threatened by the creation of "^d" as a 27 "community flagged word". As community management effectively have moved to erase the ^p 28 * ~h V. ^am NOTICE OF ~m FOR ~3 @ 12  Case ^cc1 Document 15 Filed 03/20/24 @ 13 of 44   7 8 and content creator, "^d"-from the New World Community. [See DIGITAL ^xS J. AND C.] [LEGAL AUTHORITIES SECTION B.J "[A]n injunction preventing the ^df from committing additional violations of the law may not be recharacterized as mandatory merely because it requires the ^df to abandon a course of repeated conduct as to which the ^df asserts a right of some sort. In such cases, the essentially prohibitory character of the order can be seen more clearly by measuring the status quo from the time before the contested conduct began." Daly v. San Bernadino County Bd. of Supervisors, 11 Cal. 5th 9 1030, 282 Cal. Rptr. 3d 282, 492 P3.d 921 (Cal. 2021). 10   The factor of interim harm involves consideration of such things as the inadequacy of other remedies, the degree of irreparable harm, and the necessity of preserving the status quo. Abrams v. St. John's Hospital & Health Center, 25 Cal. App. 4th 628, 636, 30 Cal. Rptr. 2d 603 (2d Dist. 1994); 14859 Moorpark Homeowner's Ass'n v. Vrt Corp., 63 Cal. App. 4th 1396, 74 Cal. Rptr. 2d 712 (2d Dist. 1998). 14     (C.) INTERIM HARM AND INJUNCTION TO PREVENT IRREPERABLE HARM [POINT AND ARGUMENT SECTION C.J To prevent irreparable harm. ^p has already suffered irreparable harm, from the first Banning, by ^am or its affiliates at Amazon Games, Community Management, when they expelled him from the "club, association, or community" known as the New World Official Discord. ^p will continue to suffer irreparable harm if this ban is not lifted and services restored to their original status quo, or state of enjoyment before the harassment began. ^p lives now in continual fear for his investment of over 10,000 hours in his New World Game accounts, and over $1700 dollars [see DIGITAL ^xS G. and H. respectively], and thousands of hours created in Digital Content and Artwork across Twitch.tv, Facebook Gaming, and YouTube.com and thousands of videos. As long as the shadow of ^am, looms over the ^p in this form of perpetual nuisance, harassment, and unrelenting pressure of unrighteous dominion, ^p will continue to suffer a loss to health, most dangerously stress upon the heart, because of the undue stress of living in these * ~h V. ^am NOTICE OF ~m FOR ~3 @ 13  Case ^cc1 Document 15 Filed 03/20/24 @ 14 of 44 1 new circumstances, loss of enjoyment of live, damage to intellectual properties, damage to artwork, among many other types of damages. 2     [LEGAL AUTHORITIES SECTION C.] Under the "irreparable injury" standard, an injunction may issue to prevent wrongs of repeated and continuing character or ones that cause damages estimable only by conjecture and not by any accurate standard [Huong Que, Inc v. Mitchell Brothers' Santa Ana Theater (1981) 118 Cal. App. 3d 863, 870- 871, 173 Cal. Rptr. 476; Wind v. Herbert (1960) 186 Cal. App. 2d 276, 285, 8 cal. Rptr. 817] A ~3 will issue when it would be extremely difficult to ascertain the amount of compensation that would afford adequate relief [Code Civ. Proc. § 526(a)(5)]. A ~3 may be granted when it appears that the party applying for relief is entitled to the relief demanded, and all or part of the relief consists in restraining the commission or continuance of the act complained of (or commanding certain conduct) either for a limited period or perpetually. [Code Civ. Proc § 526(a)(1). A ~3 may be granted when it appears by the verified complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or 16 irreparable injury, to a party in the action. [Code Civ. Proc § 526(a)(2)]. An order granting a 17 18 19 20   25 ~3 is not fatally flawed because it contains no explicit finding that the injunction is necessary to prevent irreparable injury. [Conover v. Hall (1974) 11 Cal. 3d 384, 850, 114, Cal. Rptr. 642. 523 P. 2d 682]. Whether the damage and injury inflicted is irreparable and entitles the applicant to injunctive relief is so intimately bound up with the question of the availability of an adequate remedy at law that the two may well be considered together [People v. Monterey Fish Products Co. (1925) 195 Cal. 548, 564, 234 P. 398] A ~3 will issue when pecuniary compensation would not afford adequate relief [Code Civ. Proc. § 526(a)(4)], for example when injury to real property is threatened [Contra Costa County v. Pinole Point Properties, LLC (2015) 235 Cal. App. 4th 914, 940-941, 186 Cal. Rptr. 3d 26 27 109. 28 * ~h V. ^am NOTICE OF ~m FOR ~3 @ 14  Case ^cc1 Document 15 Filed 03/20/24 @ 15 of 44   5 (D). BALANCING OF HARDSHIPS, BALANCE OF EQUITIES [POINT AND ARGUMENT SECTION D.J ^p is alone for the time being, in his struggle against a corporate power, ^am, without representation, and suffering irreparable harms each day. Whilst the only things requested of ^am, is essentially to revoke the ban in the New World Official Discord, and not Ban or 6 Disrupt any of ^ps Amazon related services, throughout the duration of pending litigations, or until final judgement upon the merits. 7 8 ^am, must exercise 5 minutes of community management's hourly work pay, to 9 overturn and discontinue upholding the Permanent Ban upon the ^p. The Graphical User Interface 10 of Discord, can be navigated, and this can be achieve in less than 30 seconds. That is, to revoke this ban, if someone in Community Management knows what they are doing, this can be achieved in less   than 30 seconds. Amazon Games community management already demonstrated such abilities, when they created the name "^d" as a community flagged word. Additionally it costs nothing for ^am, to simply refrain from retaliation, and to refrain from banning or disrupting any of 14 15 ^p's Amazon related services. Again the whole of this injunction can be satisfied in under 10 16 17 18 19 20 minutes, or someone's regular management, workday hourly wage. Whereas ^p will have to continue to live in Fear, and other damages as listed in the section above, To Prevent Irreparable Harm.   (E). A BOND IS UNNECESSARY [POINTS AND AUTHORITIES SECTION E.] ^p is pleading to waive bond, on grounds that it is unnecessary. Because it comes at no cost for ^am, to do the right thing, and refrain from retaliation, ^p is therefore pleading that any bond be waived. Civil Code § 3513, which provides that "Anyone may waive the advantage of a law intended solely for his benefit." ~h V. ^am * NOTICE OF ~m FOR ~3 @ 15  Case ^cc1 Document 15 Filed 03/20/24 @ 16 of 44   Cal. Code of Civil Procedure § 529; "On granting an injunction, the court or judge must require an undertaking on the part of the applicant to the effect that the applicant will pay to the party enjoined any damages, not exceeding an amount to be specified, the party may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled to the injunction." Section 529 uses the mandatory term “must," but contains no provision that prohibits the waiver of the injunction bond requirement. (See Bickel v. City of Piedmont (1997) 16 Cal.4th 7 8 1040, 1049, fn. 4 [California follows established principle that statutory rights may be waived 9 unless statute specifically prohibits waiver].     3-20-24 DATE Cat ^p IN PRO PER ^a 28 [continue to Declarations] * ~h V. ^am NOTICE OF ~m FOR ~3 @ 16    Case ^cc1 Document 15 Filed 03/20/24 @ 17 of 44 V. DECLARATIONS 4 A. SUPPORTING DECLARATION OF ^p ^a 5 6 I, ^a, DECLARE; 7 I am ^p in this action,   18 The purpose of this ~3 is to have some form of relief, mostly e~mal relief, to help reduce stress hormones in my blood to prevent further damage to my heart. I have exhausted myself to the point of at times coughing up blood (which is also a result of CHF), the greater the stress, the higher my blood pressure, the greater the congestion and liquid builds around my heart and my lungs. [SEE DIGITAL ^x R - DECLARATION OF EMERGENCY MEDICAL RECORDS] I have exhausted my Disability Benefits each month and continue to struggle financially to pay for all the costs of this Lawsuit, in the form of books, paper, service of documents, printer, gasoline, everything involved to make this possible. I have also included newly amended ^xs to this the Federal Version, of my preliminary 19 Injunction. I pray that these are considered in their context and relationship to the overall whole of my case and sufferings. 20 21 22 23 [ALL OF THESE EXHBITS ARE TO BE FOUND ON THE USB ATTACHED, FILED AND LODGED WITH THE ~dc] 24 25 ^x M - All of my Amazon services in functional and good standing on the day of serving the complaint, and serving the notice and ~m for ~3. 26 ^x N – Hate Speech or the word “FAG” or “FAGHIFA” in the new world splash 27 loading screen for over a year. (Showing the Negligence of New World Development Team) 28 ~h V. ^am * NOTICE OF ~m FOR ~3 @ 17  Case ^cc1 Document 15 Filed 03/20/24 @ 18 of 44     14 15 ^x O – FahQtoo or Fuck YouToo Amazon Sponsored, Discord User assigned by community management at Amazon Games. (Showing the Negligence of Community Management in keeping Amazon Customers Safe) ^x P – MARCH 12TH MEET AND CONFER PHONE CALL, (I conferred with opposing Council Mark C. Burnside in a 15minute phone call March 12th 2024, in which I told him the actions I was going to take in response to Removal. This is the phone call in which he yelled "We are never going to settle, BYE!" and hung up the phone during our meet and confer. I told Mark C. Burnside, in this phone call I was going to File the Ex Parte ~4, I was going to file a Restraining order, (which I have opted out of, instead I am filing this ~3, Non-Ex Parte), and that I would file the ~3. He Said that they would be opposing every bit of these filings, or in other words he objected fully to all of it, and said that they will object to every part of this ~3. I believe that it was frustrating for him that I wasn't just going to do nothing for 30 days while he worked on moving to Dismiss my case. At any rate this meet and confer ended terribly and caused me even more undue stress, and I realized I had to take swift action to re-establish my filings, particularly this 16 ~3, as they had formerly been set in order in the Superior Court, before 17   removal. All of this came to the attention of Mark C. Burnside during this meet and confer in which he yelled with a threatening tone, and he was compelled to exclaim "We are never going to settle, BYE!". I will not be subject to any future beratement, or heated contentions, as I have stated these are terrible for my health, my blood pressure and my heart. ^x Q – STATISTICS FROM MY VIDEO GAME STREAMING AND CONTENT CREATION CHANNELS, these give insight into how much time I have invested into New World, Content Creation, and the community as a whole. ^x R – DECLARATION OF EMERGENCY MEDICAL RECORDS 3-15-24, these records were produced to the court when I moved in Ex Parte, to remand, as well as provide the court with deeper understanding of my heart condition, and how undue stress overall affects my hearth health. * ~h V. ^am NOTICE OF ~m FOR ~3 @ 18  Case ^cc1 Document 15 Filed 03/20/24 @ 19 of 44 1 ^x S – Formattable Microsoft Word Document, Template for proposed order. 2   The following is an excerpt from my Declaration of Emergency upon removal of my case from state to Federal Courts, 7   16 "I, ^a, the ^p in this case, do prepare and submit this declaration of the emergency situation which has transpired as a result of the results of ^am, (Amazon) and their removal of my case to the Federal Jurisdiction, or courts. On Friday March 15th 2024, I had my first echocardiogram scheduled, since my emergency hospitalization on November 20th-23rd 2023. It has been difficult to navigate finding medical treatment through the Medi-Cal program. I have suffered much grief, sorrow, and distress since the removal of my case. My appointment with the Cardiologist on Friday, March 15th was simply a coincidence to these events. As it had been scheduled about a month in advance. 17 Notice of Removal was Friday March 8th 2024, the following Tuesday, March 12th I began filing 18 19 20   25 26 my Ex Parte Application for ~4, which coincided with the bizarre and distasteful "meet and confer", with opposing council where I was simply attempting to inform him (Mark C. Burnside) of the actions I needed to take in response to the removal. As stated previously in my filings, this “meet and confer" was filled with lies threats and intimidation. After March 8th, 2024, in response to the removal, I was filled with a sense of urgency, to act swiftly to respond. As I began to fear for the integrity of my rights, and the legal processes I had initiated, particularly for the ~3, that, coupled with this very distasteful meeting, spiraled into the emergency along with other factors. I had to move swiftly, my filing was done in haste, and I apologize for any errors in grammar or 27 procedure, but it truly has been a state of emergency for me, as all of this stress resulted in a weeks long 28 hypertensive crisis. My blood pressure readings was 232 at around 11pm on Friday March 15th 2024 * ~h V. ^am NOTICE OF ~m FOR ~3 @ 19  Case ^cc1 Document 15 Filed 03/20/24 @ 20 of 44       (this verbal reading was given to me by the Nurse). Some of the medical information from this meeting is attached as ^x R. My previously prescribed dose of Carvedilol (Coreg) was increased from 6.25 mg twice daily to 12.5 mg twice daily by my cardiologist until we are able "to get this situation under control". This record is submitted to the court to bring to light, the undue stress, and undue hardship, as I currently navigate this legal process as a Pro Se litigant, alone, with only my own intelligence, resources, disabilities, and vast disadvantages. We are going to move forward from this but in the future, I would recommend that opposing council doesn't yell and hang up the phone, in the middle of our conversations. These things are extremely distasteful and not helpful. And only compound the stress, and daily struggle and suffering. My mother was leaving to dog sit last night, and will be gone for a few weeks, on vacation with my sister. I observed in her countenance that she was sad and distraught. She had all of her things packed and ready to go and I asked her "I thought you would be excited to go, why do you look sad?" She replied, "I am excited to go but I just worry for you." I have suffered through a lot in the last 5 months, witnessing the entire destruction of my artwork, my business, my dreams, my health, but seeing my mother suffer for me, and my family suffer for me, and fear for me, is extremely upsetting. At any rate the purpose of this declaration, is to provide the medical documentation, to affirm the state of emergency I have been in. As an ex parte application, requires emergency circumstances, I want to make sure the judge can see the medical side of things, and weigh in the factors of undue stress, undue hardship, and my disabilities in any decision he has to make. Another stressor is that Civil Self-Help Services, (a free pro se service available to Sacramento County residents) is a right I no longer have access to, if my case is removed to federal court. Because they only can help with state cases. My SSI benefits have been completely diminished every month, since this began. However this month quite rapidly with the expenses of service, gas, postage etc. I am asking that the court consider these factors and all other factors in weighing the disparity of equities. Also pending the discovery and identity of different John Does (particularly those developers in 28 Amazon Games, Studios, San Diego and Orange County who are Residents/Citizens of California which * ~h V. ^am NOTICE OF ~m FOR ~3 @ 20  Case ^cc1 Document 15 Filed 03/20/24 @ 21 of 44       destroy "diversity"). Considering also, most importantly, my choice as a disabled veteran, to have my personal injury case heard in California State courts, the place of principle injury. I have circled the blood pressure readings, Systolic (generally the first number in blood pressure readings but backwards in this printout they do Diastolic first) and Diastolic. Essentially this @ shows 210/110 blood pressure on Friday March 15th. The BP Resting 156/98 is under the wrong column this is my BP from intake 2/21/2024. Which under its column also ready 156. At home I am normally reading ~135/80 stress free. My stressors increase when in public, or at appointments (hence 156) but under extreme stress of last week it reached 210/110 in the records and I was verbally told by the nurse it was 232/x at one point. (She didn't tell me the second number). The doctor also told me I can't live like this, and I am in the range of being at risk for a stroke. Suffice it to say I have been in a state of hypertensive crisis, due to the upheaval of what I consider my rights and privileges, and the diligent and due process I began in filing my complaint, and scheduling the ~m for ~3, which was to provide me E~mAL RELIEF, emergency injunctive relief, to help reduce my overall stress, and improve my heart health. Ultimately with hopes of restoring some ability to create my artwork again, and enjoy the activities and rights, and happiness in my Twitch, and YouTube channels which has been my main source of therapeutic relief for the last approximately 7 years of content creation. I also wish to enjoy my investments in New World, but all of this brings me undue stress, knowing the pending litigations, and community management in New World, and perhaps Amazon itself, looms over me threatening to exact further destruction upon that which I have created, and my life in general. The ~3 was to attempt to begin repair all of that. I don't think its right that I should have to file for Ex Parte, or application for restraining order, or re-file ~3 in the Federal Court, when it can simply be remanded, hopefully swiftly back to state court, and all the processes, right and procedures back in their place. I pray and plead for an order for a medical remand, and a remand as a disability accommodation. Thank you for your time and consideration of how stress, undue stress and hardship, and overall e~mal distress have created this emergency and in reality, are at the heart of my overall struggle with 28 Amazon." * ~h V. ^am NOTICE OF ~m FOR ~3 @ 21  1 Case ^cc1 Document 15 Filed 03/20/24 @ 22 of 44 2       The following is my original declaration filed in the state of California, with my original ~3 which was scheduled for May 21rst, 2024. Having to live in fear is the greatest damage of all. I cannot fully articulate the extent of fear that I have had to live with since I was Hospitalized. All of the different types of fear from worrying about my health and my family, to worrying about my intellectual properties, my artwork. Fear of how I am going to be able to wage a legal battle with no experience or lawyer but knowing that anything could happen as my health degenerates. Fear of not understanding the full extent, and severity of my Congestive Heart Failure, and trying to navigate securing proper medical care under the "Medi-Cal" umbrella. Perhaps worst of all, what ^am, (Hereinafter as Amazon), is now yet poised to do in response to the legal proceedings. Amazon has power to take all of the things I have loved in the last years since covid and burn all my dreams, and my time and money invested, in this artwork, and creation of Intellectual Properties, and 14 15 to be fair, many fond memories in spite of being injured at their hand. I am still in shock over what has 16 happened, but I knew it would behoove me to file and organize my complaints and grievances as soon as 17   22 23   possible. Even with the diagnosis of Congestive Heart Failure, the outlook is grim. I haven't even been able to secure my first Cardiology appointment, because the first provider told me when I came in, for the appointment, that he didn't accept Medi-Cal after all. Nevertheless, for my family, for myself, for all that I love and have worked at in content creation, and for the pursuit of justice, I have been desperately sailing through these deep and dark waters of fear and doubt to get to this point where I can finally hope to find relief in the form of this ~3. Gaming can be a competitive world. In 2015 I was the victim of targeted harassment and abuse from employees of Daybreak Games (Formerly Sony Online Entertainment) SEE DIGITAL ^x L. It's been 8 years, 5 months since I was wrongfully banned, along with around 100 members of my Guild that I led at the time. It's a long story and I'm not going to relate all the details. I'm only 28 referring to it because this sort of discrimination by a company or corporate power has happened to me * ~h V. ^am NOTICE OF ~m FOR ~3 @ 22  Case ^cc1 Document 15 Filed 03/20/24 @ 23 of 44   7 8 9 before, but now in this generation it's so very much worse. The wonderful, and also very strange coincidence, regarding how this wrongful ban by Daybreak, was overturned, came by the saving graces of one of the greatest game developers of all time, and now as I said coincidentally-the now former CEO of Amazon Games, John Smedley. In DIGITAL ^x L, you can see the pleading I made to John, which was honestly a shot in the dark as I had obtained his e-mail just from his Twitter account back then. We're not friends or acquaintances, he just wanted to do the right thing when he saw someone in need. Unfortunately, employees of Amazon have done the exact opposite. When I told them I was being harassed on a MASSIVE scale, and as a solo player, and I was pleading for some sort of 10 escalation and investigation their employee told me to basically "leave the server" and closed the     support chat on me in the middle of our conversation. SEE DIGITAL EXIBHIT I. (This time in contrast to 2015, I wasn't leading a 300+ man Guild, I was just trying to enjoy my New World Experience, as a solo player and content creator). It's so very strange, because on the retail side, Amazon is always so quick to help me with any problems with any products or delivery, or if something goes wrong, its Amazon Heaven-but in their gaming world as my complaint says, it's literal Amazon Hell. As I stated yes gaming is a competitive environment, but it doesn't have to be toxic. And their support system in Amazon Games doesn't have to be at such terrible disparities in contrast to Amazon Retail. However, there are some very toxic employees, who have caused me intentional suffering, and have been extremely negligent to my cries for help to fix a certain aspect, of the games design, that 21 actually was the worst design and programming experience I have ever witnessed, or been a part of, in 22 any game. 23 24 This is referred to in my complaint as Dynamic Difficulty Scaling, or generally referred to as Gear Score Scaling-(Scaling and difficultly modifications within high end dungeons). 25 Not only did it ruin my game play experience for 7 months, but it destroyed so many other players experiences as well, not only due to the fact, that the game can be buggy, but because this design 26 27 could be further exploited by malicious players, to make the game impossible for everyone to play, that 28 was participating in that particular gameplay experience, the M10 Dungeon experience. Nevertheless I * ~h V. ^am NOTICE OF ~m FOR ~3 @ 23  Case ^cc1 Document 15 Filed 03/20/24 @ 24 of 44 1 pushed through this toxic end-game experience, and toxic responses from Amazon Employees when I 2   8 9 tried to bring it up and address it, because I saw greatness in the vision of their game and I still do-but that doesn't justify how I was treated by players because of their design flaw, or by their employees. It was cruel and wrong and unbeknownst to myself the actual stress of these events was slowly killing me, literally, by flooding my body with stress and affecting my heart health. It wasn't until November 8th, 2023, when out of the blue I was banned for nothing that I EVER experienced symptoms of Congestive Heart Failure, SEE ^x B. This was the type of conversations I was trying to engage in when something or someone was causing me to be timed out in the New World Official Discord Community. I was just having an honest to God, good gameplay 10 experience conversation, that involved some math, and numbers and in trying to describe these 11 gameplay features with another player-when I started getting, out of the blue these weird time outs.     Then I was suddenly banned and removed, on both of my accounts. Up to that point I had achieved around 9,000 hours of gameplay experience. I had invested over $1500 dollars, and I had been creating content, across YouTube, Facebook Gaming and Twitch for a period of over two years since the games release in September 2021-I was and still am one of the most dedicated supporters of the game-but I am also in utter shock and disbelief over what has happened and how my life changed, when a rogue Amazon employee decided to uproot me for no reason, and ban me from the Community Discord. I don't have to decipher what makes people jealous, mad, or toxic employees, in any environment. I just know, that it happens all the time, and that someone didn't like me and they targeted me and abused me, and caused me to spiral into a whirlwind of e~mal distress, which ultimately resulted in my hospitalization 12 days later on November 20th 2023. It should be noted, this occurred, after roughly 7 months of the in game stalking, harassment, and abuses I was suffering as well. So, the 7 months of abuse in game, compounded with the abuse of November 8th. To my horror and sickness on November 17th, 2023, an Amazon Retail agent who was trying to help me escalate the problem with the discord ban, to my horror and sickness, he confirmed to me, what I had suspected after so many terrible and strange in game experiences; he told me that "Staff was found manipulating your in-game experience". * ~h V. ^am NOTICE OF ~m FOR ~3 @ 24  Case ^cc1 Document 15 Filed 03/20/24 @ 25 of 44 1 2 The compounding stress of the whole situation, the fear of losing all I had invested in and loved since Covid, being threatened and destroyed-just because some employees didn't like me and their 3 end-game design had a frankly awful mechanic-that I tried to be vocal about and report to the right     channels, both in the New World Official Discord, and to Tech Support (which decided closing the chat support over and over was the best way to resolve the situation); this compounding stress caused me to be hospitalized. And Now I have a new life, and I live in shock and fear of what is going to happen next, but I have no other hope but to resolve these things through the legal system. Frankly I am again exhausted, now in this moment, because I have been doing this all on my own, all the research and trying to properly frame and follow all the rules of procedure and rules of the court, and processes to begin this Lawsuit. I am just so simply exhausted and destroyed right now, but I have to do this at least get it started so I can properly focus on finding legal representation, or aid, and I can focus on rehabilitation of my heart and rehabilitation of my artwork and channels. I must frankly apologize to the legal professionals who are reading or seeing these pleadings. I know they are complex, they are probably not of a very high standard of quality in terms of presentation, to what you normally see, but again I have been trying to do this all on my own because it's a very complex and sophisticated issue that frankly has been very hard to even explain to my family. 18 The rest of my declaration is abridged notes that I have taken along the way-so I apologize in advance for the grammatical errors and the altogether disarray of things but this is the best that I can 19 20 produce at this time and I wish to be thorough and thoughtful in all my endeavors to document and articulate what I have experienced. 21 22 23 My abridged notes while preparing for this ~3-   From the moment that Amazon banned me from Discord they began to dismantle my intellectual properties and damage my character and damage my intellectual properties. On November 8th, I began to spiral and swirl into a whirlpool of intense e~mal distress, as I began to fear for the safety of my investment (of now over 10,000 hours and over $1700 dollars). Stress is always exceptionally difficult * ~h V. ^am NOTICE OF ~m FOR ~3 @ 25  Case ^cc1 Document 15 Filed 03/20/24 @ 26 of 44   7 for me to deal with because of my complex childhood PTSD and other things that caused me develop PTSD throughout life and in the service of the USARMY. Gaming has always been my outlet, and the world that I go to for peace and adventures. It is also where I have found a place to create my artwork in the form of Digital Content, and share my adventures with others. It has been of great therapeutic relief for me to feel that I have my own business, and my own productivity, albeit I am disabled. Nevertheless, it has been of great relief for me to be able to feel somewhat “normal” or “functional” in that I view all of my channels, my artwork, and my intellectual 8 properties as my business. 9   I have had wonderful opportunities to work with some of the greatest gaming developers, although my success is not tremendous, but small financially speaking- nevertheless it has given me much therapeutic relief and joy to be able to be productive and independent in this respect. On November 8th, 2023, when a rogue employee of Amazon Games from within Community Management targeted me, and banned me from the community, I suffered the greatest PTSD triggers of my life, inner turmoil, and greatest e~mal distress that I have ever experienced in my life. I immediately began having chest pains, and finding it difficult to breathe. My nights between November 8th 2023, to November 20th were restless and filled with nightmares, anger, and distress. Simply having an active lawsuit forces me to protect my privacy as well as damages my intellectual properties. As a result of protecting my privacy and unpublishing thousands of videos, from my Twitch and YouTube accounts, I have already began to suffer economical damages monetary damages and artistic damages. Banning me from the new world official Discord was effectively banning me from the new world community and it created an extreme exacerbation of congestive heart failure, which I didn't know 24 25 I had developed but it also contributed to the congestive heart failure itself. It is also possible that I had 26 suffered some silent heart attacks, or heart attacks but further cardiological treatment and investigation 27 needs to be administered to ascertain more information. 28 * ~h V. ^am NOTICE OF ~m FOR ~3 @ 26  Case ^cc1 Document 15 Filed 03/20/24 @ 27 of 44   I have suffered irreparable harm, and I will continue to suffer irreparable harm and damage if I am completely banned from my game accounts due to potential Amazon retaliation, because of the Lawsuit. I fear for my own safety knowing that a corporate power could exercise unrighteous dominion further upon me. 5 6 7 8 I am in literal fear knowing that Amazon now knows who I am, and I feel like a moving target. Therefore, joining Amazon in a prohibitory injunction will bring relief to me knowing that the court and the law understands my situation. I wish to return to some form of status quo, to the time 9 before I was harmed, and before my injuries. I wish to enjoy the new world official Discord and have     the wrongful ban, overturned through the mandatory elements of this ~3. When I was wrongfully banned from that Discord, that's when I started having trouble breathing, my nights were restless and my sleep was void of rest, my days and my nights were filled with exquisite frustration and fear and irritation. I felt a burning rage, but I knew that I couldn't do anything with it, that I couldn't yell or solve my problems with any sort of anger, and I somehow swallowed this anger and held it inside of myself and inside of my person. Previous to November 8th 2023, I'd never experienced any symptoms of heart failure but after I was banned from the community and they threatened everything I had worked on for the last 2 years I was completely broken. I didn't know what else they were capable of doing. I feared for everything I had created, and invested in, knowing they have the power to simply ban me with impunity, or because they don't like me. I also do not fully understand the magnitude that worry has on my heart I do not know to what extent current stressors can still hurt my heart, but I know that they are very bad for heart health. This is still bizarre for me and I wake up in shock everyday, I'm in shock that I have a lawsuit I'm in shock that I'm dying, and I'm in shock that any of this is actually real and I have to go through that process every day. I have already suffered irreparable harm to my health, life well-being happiness and to my 28 intellectual properties. If we are not enjoined in an injunction, then I will have no relief, then I will * ~h V. ^am NOTICE OF ~m FOR ~3 @ 27  Case ^cc1 Document 15 Filed 03/20/24 @ 28 of 44   continue to suffer irreparable harm in that I fear for my own safety and the safety of my intellectual properties and access to my game accounts and my Amazon services. I will suffer irreparable harm as fear the threatens to take all that I have built and worked for over the last 2 years, that it can be whimsically destroyed for no reason, that all my hard work and my artwork can be whimsically destroyed with impunity. I will suffer irreparable harm if I must continue to live in fear that Amazon has the power to destroy all my artwork and my hard work, that they have power to destroy these things with impunity and with the power to exercise unrighteous dominion over me. 11 12 I will continue to suffer irreparable harm if I live in fear, and if it is permitted that said fear can 13   21 22 23   continue to trigger nightmares trigger my PTSD and trigger stress hormones, to be released into my blood and to increase my blood pressure and to affect my heart health. My intellectual properties have already been damaged as I must protect my privacy and unpublish so much of my content during these proceedings and litigation. I suffer daily knowing that Amazon has the power to destroy all that I love and have built with my over $1,700 investment and over 10,000 hours invested in the new world game and community and in my new world accounts. My content is my artwork. My time spent is my artwork and my warm place. And it's like my service animal, the thing that brings me peace in my disability....this is as damaging to me as taking my health and my life. My artwork, my content, my intellectual properties, my life, and the damages caused to them by Amazon doesn't have a price tag. My experience with Amazon in the digital and gaming world has been terrible and unpleasant and it has injured me and damaged me, and I want this injunction to prevent future irreparable harm 28 pending decision on the merits. I want Amazon games to succeed but it has to be Amazon, the real * ~h V. ^am NOTICE OF ~m FOR ~3 @ 28  Case ^cc1 Document 15 Filed 03/20/24 @ 29 of 44 1 Amazon and the Games Studio coming together in harmony with Amazon policies and procedures and 2 Amazon needs to take responsibility for causing me this harm.     24 25 26 If I have been affected by rogue Amazon employees, how many other players have been affected on the platform. If it happened to me who else is being affected? We are becoming more of a digital world. And we need to be sensitive to that truth. And we cannot let malicious programming or faulty programming Foster a toxic environment whether it's a digital environment or a real-life environment. Gaming already has a competitive disposition, but we do not need to foster or feed into the toxic gamer stereotype. If we overlook these digital crimes or digital injustices then we are lacking in our laws because our laws must adapt with society as society becomes more digital or intellectual properties, digital properties, become part of civilization. I wish to return to the former status quo, of creating my artwork, enjoying my creations, through my content, enjoying the game (aside from the harassment, stalking and bullying that was part of the M10 Gear Score scaling design). I want to be able to enjoy the New World community Discord, I want to repair my health, freedoms and my happiness, which is all currently at jeopardy knowing that Amazon has the power to terminate all of my services in retaliation to the lawsuit. This ~3 will work to preserve the status quo of my services, inasmuch as it is possible considering the irreparable harm that has already occurred. This ~3 will help to preserve status quo by preventing future irreparable harm; harms that have come in the form of more damaged, intellectual property, damaged passion, artwork, health, stress, that contributes to heart failure, stress from having the shadow of Amazon stalkers or malicious community management lying in wait to destroy me, or to destroy and interrupt my services. 27 28 * ~h V. ^am NOTICE OF ~m FOR ~3 @ 29  Case ^cc1 Document 15 Filed 03/20/24 @ 30 of 44     24 25 26 At the end of the day, you can't put a price tag on happiness, or the pursuit of happiness. Equally my business, my artwork, and my intellectual properties and my right to continue to create art, business and intellectual properties Should not be abridged by the arbitrary acts of malicious Amazon employees. My heart is wracked with pain and sorrow. My hobby, my business, my art, my adventures, are all in ruin, and my health is in ruin, because some rogue Amazon employees want to be internet bullies. SEE ^x K – Which I reported to the Dr. I was having nightmares, and panic attacks and PTSD triggers, causing me tremendous stress after I was targeted and harassed by Amazon employees. Ending of my abridged notes... Again, I apologize for the informal or non-linear portions of this declaration, but these were all important notes I had preserved, and it has been altogether so exhausting and heart-breaking, quite literally, everything I have experienced this last 10 months or so. I am trying my best to format and create this document, in very difficult circumstances. So I plead for understanding, under these time constraints, and complete lack of experience. I know that what is ahead isn't going to be easy, but strangely enough, filing this ~3 is the light at the end of the tunnel for me. I hope to begin to be able to repair my health, and my intellectual properties, and my artwork, and fortify myself with the power of the law going forward. Thank you for your time and consideration. I declare under penalty of perjury under the laws of the State of California, and the ~2, that the foregoing is true and correct. 3-20-24 DATE CauH ^p IN PRO PER ^a 27 28 [proceed to the following declaration] ~h V. ^am * NOTICE OF ~m FOR ~3 @ 30    Case ^cc1 Document 15 Filed 03/20/24 @ 31 of 44 B. SUPPORTING DECLARATION OF CHERYL DOUGLAS (MOTHER TO ^p) 4 I, Cheryl Douglas, Declare 5 I am mother to ^p ^a, 6 7 On Wednesday, November 8, 2023, I, Cheryl Douglas, ^a's mother, 8 arrived home at around 5:20 P.M. Andrew asked if he could use my phone to call Amazon customer 9 service. Andrew was already on his phone and had another gentleman from the Philippines on speaker 10 phone and was insistent that this person escalate his phone call to Amazon higher management. This       25 26 person was refusing to transfer him back to retail, so Andrew asked to use my phone also so that there could be proper transfer or hopes of escalation between the two calls. Andrew then used my phone from 5:20 – 5:48 P.M. At which time I text messaged my daughter, ^l to tell her the following information. I quote, "Andrew was in quite the state of mind on an Amazon call.” “Guy with the Philippines on the phone so he calls another representative through Amazon, and he was losing his shit!" "I'm like come on Andrew get a grip!" Lauren asks, "What happened? "I quote, I don't know he purchased something, and he wanted a refund or what. But was losing his shit." On Saturday November 11, 2023, I arrived home at 9:20 A.M. from a grocery shopping trip. I observed Andrew on another phone call with Amazon. I again messaged my daughter Lauren; I quote the following statements. "Andrew is on the Amazon anxiety attack over the streaming of game again." "Sounds like he is getting bullied." Lauren replied, "Yea that is what he said, and they kicked him from discord for 24 hours. When he never said anything in his chat that was wrong. I am guessing he has a super hater that is an admin for Amazon." I replied, "It's so crazy the online gaming world has keyboard nazis and they are so e~mal." Lauren's reply to me. "Exactly." I observed over the course of five days when I would come home from work each evening that Andrew was sleeping more than normal. I woke him on Thursday November 16, 2023. To ask where 27 28 was our Subaru, I had not seen it for a week and was concerned it was missing. Andrew was lying in his * ~h V. ^am NOTICE OF ~m FOR ~3 @ 31  Case ^cc1 Document 15 Filed 03/20/24 @ 32 of 44   bed in the dark he advised me that he was having trouble breathing and I immediately responded to him saying," It sounds like a heart issue." Having trouble breathing is most often a heart problem." I also stated that it could also be he has lung issue because he has a history of pneumonia and pleurisy of the lungs. Andrew appeared lethargic when I asked him again. "Where is the Subaru?" He told me it was in another parking stall. It has been there a week, but the battery had died."
   },
   {
     "id": 5,
     "text": "Andrew was so lethargic that he was exhausted, simply by walking, and trying to remove the dead battery from the Subaru once located. It was so difficult that I brought the wagon cart to safely take the battery to our apartment. It was observed to be a challenging task and he was disoriented during this whole time. On Friday November 17, 2024, I arrived home from work to find Andrew using the oxygen 11 concentrator, in attempts to help him breath better. We inherited this when my father passed away.   18 19 Andrew asked me if I had an extra inhaler because using the oxygen concentrator and inhaler may help him open his lungs up better. I insisted that there is something very wrong with him after being lethargic for several days and not being able to breathe. I monitored him through the weekend and told him that he needs to really seek medical attention that following Monday. On Monday November 20, 2023, I received a message form Andrew that he had decided to seek medical treatment at the emergency room at Kaiser Permanente. At around 12:20 P.M. I receive an urgent call from my daughter Lauren in distress that Andrew was leaving Kaiser Permanente and that the Emergency Room doctor indicated that Andrew was diagnosed with 20 Congestive Heart Failure and that he only had five years to live and that he was going to leave   25 26 immediately. Andrew said that Kaiser's emergency room was a wreck and completely packed and causing him even more anxiety and distress. I placed a call to Andrew and asked him to wait for me and to not leave the hospital against medical orders. I drove as fast as I could to prevent him from leaving and I called him, and he indicated that he has left and was heading to the nearest 7-11 that was down the street from the emergency room. I arrived at the 7-11 and observed Andrew walking very slowly into the convenience store. I observed my son to be visibly gray in color and sweating. He was unfazed by my concern that he looked 27 28 like a walking corpse. I insisted that we go to another emergency room in Roseville Ca. That has better * ~h V. ^am NOTICE OF ~m FOR ~3 @ 32  Case ^cc1 Document 15 Filed 03/20/24 @ 33 of 44 1 care for their acute patients. Andrew did not go to the emergency room in Roseville until the following 2 day. The whole night Andrew's resting heartbeat rate was elevated to as high as 137 and dropped as low 3 as fifty-two. I knew that if my son did not seek medical attention he may die. 4 On Tuesday November 21, 2024, we arrived at the Roseville emergency room and there was no emergency room parking close to the hospital. Andrew and I had no choice but to park about a couple of 5 6 miles away, at this point Andrew was unable to walk two feet before he could not breathe. He told me 7 8 to go on ahead of him. But I knew that his current medical condition was urgent, and I called his sister to come from the Emergency Room area and take him to the doors. For him not to elope from another Emergency room. Andrew was three times the 9 10 numbers the day before in the Kaiser emergency room. 11 He was in a critical medical state with his congestive heart failure. All Andrew was focused on     the days he spent in the hospital, during the Thanksgiving week was the maltreatment by Amazon and his numerous phone calls he had made to resolve the problem from being banned from discord. Many times, his heart rate would elevate, and his blood pressure would rise during these discussions about his frustrations with Amazon. The nurses would come in and asked him, what he was talking about, to cause his heart rate to elevate. They advised him not to have these types of conversations because it was causing stress on his heart. Prior to the month of November 2023. I did not observe Andrew to be in a critical medical state nor did I observe any issues with his "New World" gaming experience prior to November, but he was very isolated and retreated and immersed in his gaming experience, which he used to create content for New World across Twitch and YouTube. Andrew has been playing "New World" since we lived in Reno, Nevada in 2021 and his gaming experience has never been so detrimental to his mental or physical well-being. I am concerned that this experience that Andrew had with Amazon's employees, is not an isolated incident, being bullied or harassed, like what happened with discord. Over a two-year period. Andrew has lived with me since 2012 and I have intimate knowledge of his gaming talents and experiences with the art of gaming. Including his passion for this type of outlet since he became disabled. * ~h V. ^am NOTICE OF ~m FOR ~3 @ 33  1 Case ^cc1 Document 15 Filed 03/20/24 @ 34 of 44 2 3 4 5 I declare under penalty of perjury under the laws of the State of California, and the ~2, that the foregoing is true and correct. 3-20-24 6 DATE 7 Cheryl Douglas CHERYL DOUGLAS MOTHER TO ^p     [proceed to the following declaration] * ~h V. ^am NOTICE OF ~m FOR ~3 @ 34  1 2 Case ^cc1 Document 15 Filed 03/20/24 @ 35 of 44 C. DECLARATION OF ^l (SISTER TO ^p)   I, ^l Declare, I am the sister of ^p ^a, To whom it may concern, I, ^l, am writing this letter on behalf of my brother ^a. Before these incidents occurred with ^am, and John Doe's, 8 Andrew was happy with his business, and did not have Congestive Heart Failure. He has been playing 9   24 New World for over 2 years and has over 9,000 hours invested. Amazon has threatened his intellectual property and investments. They wrongfully banned him from the New World Official Discord community. Amazon.com, Inc employees also cyberstalked and cyberbullied him from their servers so they could manipulate gameplay, for monetary gain as well as malicious intent. When he tried to resolve the issues with customer service, they continued to exacerbate these issues, rather than resolve the problems. Due to ^am, he was hospitalized and will be permanently disabled for the rest of his life. On the day he was admitted to Sutter Roseville he was extremely pail with a grey hue to his skin. His lips were purple and I knew death was near. I have experienced seeing death before, and this was extremely traumatizing for me and my family. He suffered immensely due to the stress he was put through because of ^am Although close to death he continued to explain his frustration and stress over the actions of ^am and John Does. The cyberattacks, cyber bullying and harassment put him under extreme mental and e~mal distress. He continues to suffer because of them. Now we as a family have to endure the stress and anxiety of his condition. And worry everyday that he might pass away due to their harassment and 25 negligence and lack of care for him. Their behavior caused gross negligence, e~mal and physical 26 distress, financial distress to him and our entire family. To this day they still have done nothing to 27 resolve the issues. 28 * ~h V. ^am NOTICE OF ~m FOR ~3 @ 35        Case ^cc1 Document 15 Filed 03/20/24 @ 36 of 44 We would like to ask the court to please have ^am, resolve all issues created on their behalf. Also, we would like the court to find Amazon.com, Inc, liable for the damages we are declaring. Sincerely, ^l I declare under penalty of perjury under the laws of the State of California, and the ~2, that the foregoing is true and correct. 3-20-24 DATE У ки ^l SISTER TO ^p [Continue to ^xs ~toc] ~h V. ^am * NOTICE OF ~m FOR ~3 @ 36    7 8 Case ^cc1 Document 15 Filed 03/20/24 @ 37 of 44 VI. ^xS ~toc AND DESCRIPTIONS THE FOLLOWING ^xS ARE LOCATED ON THE USB THUMB DRIVE PROVIDED WITH FILING AND OR SERVICE. THESE FILES ARE LABELED AS ^x A THROUGH ^x M. THESE ^xS ARE EITHER IN.MP4 FORMAT VIEWABLE WITH VLC MEDIA PLAYER ETC, OR PDF FORMAT. 9 10   14 ^x A – Hospital Records from Sutter Roseville, indicating the diagnosis of Congestive Heart Failure. ^x B – Reproduction of Discord Timeouts, these reproductions were on another Discord account. It shows the kinds of messages that I was sending, and receiving Timeouts for, these types of messages. I.e. No EULA was violated, no swear words. Then I was targeted and banned.   ^x C – A video showing what happens when I try to connect to New World Official Discord with my business (Main Dojx account), "Unable to accept invite" = banned. The server revokes invites to my Discord Account. 18 ^x D – Amazon.com and Amazon Games refusal to do anything to overturn 19 wrongful new world official discord ban, as well as closing all support tickets at associate level even though I was pleading in Emails to have my support tickets escalated. 20 21 22 23   ^x E – An e-mail, Day 3 of me exhausting myself trying to end Amazon Games Employees cyberstalking me and harassment. In this e-mail I was notifying them that I would have to take legal action as they kept closing my support tickets without escalation. I was also telling them it was affecting my health. None of the employees cared, or even read for all I know anything I said. They just kept closing my support tickets and cries for help. ^x F – A document of the Youngblood v. Wilcox case where an elderly couple was barred from using the services of a club they were members of. Or in other words they were 28 * ~h V. ^am NOTICE OF ~m FOR ~3 @ 37  Case ^cc1 Document 15 Filed 03/20/24 @ 38 of 44 1 banned from their community like I was banned from mine. For reference for the judge and court. 2       14 ^x G -- video documentation of me logging into my four new world accounts, 10,000 hours invested into New World. ^x H – pdf files of my purchases of $1700 dollars USD invested in New World. ^x I – Video of excerpts from Amazon.com Agent Mark S Repeatedly closing support chat when I'm trying to report and document in-game harassment. ^x J – Video production of what happens when any user, tries to use the name ^d. ^d is now a community flagged word in the New World Official Discord. ^x K – Hospital records from Dr. Pease at Sutter Roseville, Reference to my PTSD triggers and Waking up to nightmares. As well as obvious accompanying signs of Heart Failure. ^x L – E-mail correspondence with John Smedley (Now former CEO of Amazon Games) from 2015, when ^a was the victim of Corporate Abuse, or abuse from the employees of a Company, LLC. John Smedley resolved this situation for Andrew Grant 15 ~h. Gaming can be a competitive environment, and employees of Corporations or 16 Companies, acting on behalf of those business entities, can abuse their powers. 17   22 23   This ^x is being provided to show Evidence that ^a has been the target of Corporate Abuses of power, prior to this case with ^am, and was coincidentally relieved by John Smedley, now former CEO of Amazon Games. John Smedley, on January 11, 2023, announced his departure from Amazon Games. ^x M - All of my Amazon services in functional and good standing on the day of serving the complaint, and serving the notice and ~m for ~3. ^x N -- Hate Speech or the word "FAG” or “FAGHIFA” in the new world splash loading screen for over a year. (Showing the Negligence of New World Development Team) ^x O - FahQtoo or Fuck YouToo Amazon Sponsored, Discord User assigned by community management at Amazon Games. (Showing the Negligence of Community Management in keeping Amazon Customers Safe) 28 ~h V. ^am * NOTICE OF ~m FOR ~3 @ 38  Case ^cc1 Document 15 Filed 03/20/24 @ 39 of 44   ^x P – MARCH 12TH MEET AND CONFER PHONE CALL, (I conferred with opposing Council Mark C. Burnside in a 15minute phone call March 12th 2024, in which I told him the actions I was going to take in response to Removal. This is the phone call in which he yelled "We are never going to settle, BYE!" and hung up the phone during our meet and confer. I told Mark C. Burnside, in this phone call I was going to File the Ex Parte ~4, I was going to file a Restraining order, (which I have opted out of, instead I am filing this 7 ~3, Non-Ex Parte), and that I would file the ~3. He Said 8 that they would be opposing every bit of these filings, or in other words he objected fully to all of 9   24 25 26 it, and said that they will object to every part of this ~3. I believe that it was frustrating for him that I wasn't just going to do nothing for 30 days while he worked on moving to Dismiss my case. At any rate this meet and confer ended terribly and caused me even more undue stress, and I realized I had to take swift action to re-establish my filings, particularly this ~3, as they had formerly been set in order in the Superior Court, before removal. All of this came to the attention of Mark C. Burnside during this meet and confer in which he yelled with a threatening tone, and he was compelled to exclaim “We are never going to settle, BYE!”. I will not be subject to any future beratement, or heated contentions, as I have stated these are terrible for my health, my blood pressure and my heart. ^x Q – STATISTICS FROM MY VIDEO GAME STREAMING AND CONTENT CREATION CHANNELS, these give insight into how much time I have invested into New World, Content Creation, and the community as a whole. ^x R – DECLARATION OF EMERGENCY MEDICAL RECORDS 3-15-24, these records were produced to the court when I moved in Ex Parte, to remand, as well as provide the court with deeper understanding of my heart condition, and how undue stress overall affects my hearth health. ^x S – Formattable Microsoft Word Document, Template for proposed order. 27 28 * ~h V. ^am NOTICE OF ~m FOR ~3 @ 39  Case ^cc1 Document 15 Filed 03/20/24 @ 40 of 44   7 8 VII. PROPOSED ORDER (The text for the proposed order is available in Microsoft Word Document, editable and formattable by the Judge SEE ^x S) IT IS ORDERED THAT the above-named ^dfs and their officers, agents, employees, representatives, and all persons acting in concert or participating with them; that these persons restrain from engaging in or performing, directly or indirectly, any and all of the following acts: A.- ALL NAMED ^dfS, ^am, AND ITS AFFILIATES 9 SHOULD RESTRAIN FROM- banning, abridging, suspending, manipulating, discriminating 10 against, or in any way degrading the quality of ^p's enjoyment, in regards to his accounts 11 associated with, AMAZON.COM RETAIL, NEW WORLD OFFICIAL DISCORD,   TWITCH.TV/^d, AUDIBLE, PRIME GAMING, AND NEW WORLD GAME ACCOUNTS WITH CHARACTERS NAMED ^d, AND ^d LOOTS, which as a customer ^p has a right to enjoy throughout the duration of these litigations, and as a loyal paying customer in good standing. In fine-^am, AND ITS AFFILIATES SHOULD NOT RETALIATE AGAINST ^p'S ACCOUNTS OR SERVICES AS A RESULT OF THESE LITIGATIONS AND PROCEEDINGS WITHIN THE SUPERIOR OR ~dcS OF CALIFORNIA.   22 23 B.- ALL NAMED ^dfS, ^am, AND ITS AFFILIATES SHOULD RESTRAIN FROM THE CONINUANCE OF THE FOLLOWING ACTS- upholding the permanent ban upon ^p, from the “club, community, or association" known as the "New World Official Discord" - said permanent ban being issued by AMAZON GAMES, and its employees. RESTRAIN FROM-upholding the name “^d” as a community flagged word 24 25 within the NEW WORLD OFFICIAL DISCORD. ^p wishes to have the freedom to enjoy 26 27 28 these services, restored. Services which are associated with his New World game accounts, which are in fine and good standing. [PROCEED TO ^x S – A COPY OF PROPOSED ORDER] * ~h V. ^am NOTICE OF ~m FOR ~3 @ 40        Case ^cc1 Document 15 Filed 03/20/24 @ 41 of 44 ^x S * ~h V. ^am NOTICE OF ~m FOR ~3 @ 41  Case ^cc1 Document 15 Filed 03/20/24 @ 42 of 44 1 ^a 2 SACRAMENTO CA, 95827 (916)-365-5434 3 P.O. BOX 278004 ^e 4 ^a, IN PRO PER 5 6 7 8 ^c6 9 10 11 12 Case No.: ^cc1 13 ^a, 14 ^p, [PROPOSED] ORDER FOR ~3     V. ^am ^dfs. ~h V. ^am * PROPOSED ORDER NOTICE OF ~m FOR ~3 @ 42  Case ^cc1 Document 15 Filed 03/20/24 @ 43 of 44     14 15 IT IS ORDERED THAT the above-named ^dfs and their officers, agents, employees, representatives, and all persons acting in concert or participating with them; that these persons restrain from engaging in or performing, directly or indirectly, any and all of the following acts: A.- ALL NAMED ^dfS, ^am, AND ITS AFFILIATES SHOULD RESTRAIN FROM- banning, abridging, suspending, manipulating, discriminating against, or in any way degrading the quality of ^p's enjoyment, in regards to his accounts associated with, AMAZON.COM RETAIL, NEW WORLD OFFICIAL DISCORD, TWITCH.TV/^d, AUDIBLE, PRIME GAMING, AND NEW WORLD GAME ACCOUNTS WITH CHARACTERS NAMED ^d, AND ^d LOOTS, which as a customer ^p has a right to enjoy throughout the duration of these litigations, and as a loyal paying customer in good standing. In fine--^am, AND ITS AFFILIATES SHOULD NOT RETALIATE AGAINST ^p'S ACCOUNTS OR SERVICES AS A RESULT OF THESE LITIGATIONS AND PROCEEDINGS WITHIN THE SUPERIOR OR ~dcS OF CALIFORNIA. B.- ALL NAMED ^dfS, ^am, AND ITS AFFILIATES 16 SHOULD RESTRAIN FROM THE CONINUANCE OF THE FOLLOWING ACTS— upholding 17 the permanent ban upon ^p, from the "club, community, or association” known as the "New 18 World Official Discord" said permanent ban being issued by AMAZON GAMES, and its 19 employees. RESTRAIN FROM-upholding the name "^d" as a community flagged word 20   within the NEW WORLD OFFICIAL DISCORD. ^p wishes to have the freedom to enjoy these services, restored. Services which are associated with his New World game accounts, which are in fine and good standing. IT IS SO ORDERED. DATED: 25 26 DATED: 27 28 HONROABLE DEBORAH BARNES HONORABLE ^n1 ~2 DISTRICT JUDGES * ~h V. ^am NOTICE OF ~m FOR ~3 @ 43  Case ^cc1 Document 15 Filed 03/20/24 @ 44 of 44 NAME, ADDRESS AND TELEPHONE NUMBER OF ATTORNEY(S) ^a ~pa, 95827 (916)-365-5434 ^e To. ^am In Person Sevince ^c6 ^a ^p(S), V. ^am CASE NUMBER ^cc1 PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE ^df(S). I, the undersigned, certify and declare that I am over the age of 18 years, party to the above-entitled cause. On 3-20-24 otion for Preliminary Junjunction 20 24 State of California, and not a I served a true copy of by personally delivering it to the person' (s) indicated below in the manner as provided in FRCivP 5(b); by depositing it in the ~2 Mail in a sealed envelope with the postage thereon fully prepaid to the following: (list names and addresses for person(s) served. Attach additional @s if necessary.) #2710 Gateway Daks dr #150-N Sacramento, CA 95833 Place of Mailing:  Executed on 20 24 at Please check one of these boxes if service is made by mail: 1:32p41 I hereby certify that I am a member of the Bar of the ~2 ~dc, Central District of California. I hereby certify that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. I hereby certify under the penalty of perjury that the foregoing is true and correct. Juru точе I, Signature CV-40 (01/00) Signature of Person Making Service ACKNOWLEDGEMENT OF SERVICE received a true copy of the within document on ^am Party Served PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE  ### MINUTE ORDER ### Full docket text for document 19: OPPOSITION by ^am to [15] ~m for ~3. (Burnside, Mark) # end minute order # ### MINUTE ORDER ### Full docket text for document 15: ~m for ~3 by ^a. ~m Hearing set for 5/3/2024 at 10:00 AM in Courtroom 27 (DB) before ^mj Deborah Barnes. (Murphy, J) Modified on 4/5/2024 (Nair, C). # end minute order # Case ^cc1 Document 16 Filed 03/26/24 @ 1 of 6 1 MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 2 ANNIE S. ZHANG (State Bar No. 327381) ^e1 3 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor 4 Los Angeles, California 90017-2566 Telephone: (213) 633-6800 5 Fax: (213) 633-6899 6 Attorneys for ^df ^am 7   11 ^c6 12 ^a, 13 14 V. ^p, 15 ^am, and DOES 1-50, Case No. ^cc1 ^df ^amS OPPOSITION TO ~mS TO REMAND Assigned to the Hon. ^n1 16 17   ^dfs. AMAZON'S OPPOSITION TO ~mS TO REMAND ^a2  1 Case ^cc1 Document 16 Filed 03/26/24 @ 2 of 6 TABLE OF AUTHORITIES 2 3 Cases 4 Canesco v. Ford Motor Co., @(s) 570 F. Supp. 3d 872 (S.D. Cal. 2021). 1 5 Horn v. Experis US, Inc., 6 2020 WL 3287369 (E.D. Cal. June 18, 2020) 1 7 8 Lewis v. Bear Stearns Residential Mortgage Corp., 2023 WL 5109788 (E.D. Cal. 2023). 2 9 Lewis v. Sterling Jewelers Inc., 2018 WL 922352 (C.D. Cal. Feb. 15, 2018). 2 10 Ohio Sec. Ins. Co. v. Daigle, 11 12 2023 WL 5707315 (E.D. Cal. Sept. 5, 2023), report and recommendation adopted, 2023 WL 7284872 (E.D. Cal. Nov. 2, 2023). 2 13 Perez v. Auto Tech. Co., 2014 WL 12601479 (C.D. Cal. Feb. 3, 2014). 2 14 Thiele v. Travelcenters of America Inc., 15 2022 WL 392596 (E.D. Cal. 2022). 2 16 Wilder v. Bank of America, Ν.Α., 17 2014 WL 6896116 (C.D. Cal. 2014). 2 Statutes 18 19 28 U.S.C. § 1332(a) 20 § 1332(a)(1) § 1441(a) 21 § 1441(b)(1) 2 1,2 1 2 22 Rules 23 Local Rule 24 137(b) 230(b) 25 230(c) 1 1 1 26 27 28 i AMAZON'S OPPOSITION TO ~mS TO REMAND  1 2 Case ^cc1 Document 16 Filed 03/26/24 @ 3 of 6 MEMORANDUM OF LAW IN OPPOSITION TO ~mS TO REMAND ^am (“Amazon”) respectfully submits this memorandum of law in 3 opposition to the multiple ~ms to remand filed by ^p ^a 4 ("^p"). There are currently three separately filed ~ms labeled as “~4" 5 6 (Dkt. No. 7); and a third filed on March 14, 2024 (Dkt. No. 9). Amazon responds to all three ~ms in this opposition. on the docket: one filed on March 12, 2024 (Dkt. No. 3); a second filed on March 13, 2024 7 8 As an initial matter, these ~ms are all procedurally defective. Even ignoring the fact 9 that ^p has inappropriately filed a ~m seeking the same relief three times, the ~ms 10 fail to (1) notice a ~m date of the assigned judge in violation of Local Rule 230(b) and 11 (2) attach a proposed order in violation of Local Rule 137(b). Notwithstanding these defects, 12 Amazon is responding to the ~ms no later than fourteen days after the first ~m was filed, 13 in accordance with Local Rule 230(c). 14 In any event, if the Court were to ignore these procedural defects and consider the ~ms 15 before it, the ~ms—taken individually or collectively-squarely fail on the merits. Amazon 16 timely removed this case pursuant to 28 U.S.C. § 1441(a), which provides that “any civil action 17 brought in a State court of which the ~dcs of the ~2 have original jurisdiction, 18 may be removed by the ^df or the ^dfs, to the ~dc of the ~2 for 19 the district and division embracing the place where such action is pending.” See Dkt. No. 1 ¶ 3. 20 This Court has original jurisdiction over this action under 28 U.S.C. § 1332(a), which provides: 21 "The ~dcs shall have original jurisdiction of all civil actions where the matter in 22 controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between . citizens of different States.” See id. ¶¶ 9. 23 24 This case satisfies the diversity requirement because, for purposes of diversity jurisdiction, 25 ^p is a citizen of California and Amazon is a citizen of Washington and Delaware. See id. 2611-12; see also, e.g., Canesco v. Ford Motor Co., 570 F. Supp. 3d 872, 887 (S.D. Cal. 2021) 27 ("Because the Notice of Removal includes allegations that plausibly plead it is a citizen of 28 Delaware and Michigan and ^p is a citizen of California, ^df has shown complete 1 AMAZON'S OPPOSITION TO ~mS TO REMAND  Case ^cc1 Document 16 Filed 03/26/24 @ 4 of 6 1 diversity of citizenship between the parties.”); Horn v. Experis US, Inc., 2020 WL 3287369, at *2 2 (E.D. Cal. June 18, 2020) (“Because ^p and ^df are citizens of different states, 3 complete diversity of citizenship exists for purposes of jurisdiction under 28 U.S.C. section 4 5 1332(a)(1)."). ^p's cursory references to the citizenship of possible John Doe ^dfs, see ECF No. 3 at 5, are inapposite as 28 U.S.C. § 1441(b)(1) expressly states “the citizenship of 6 ^dfs sued under fictitious names shall be disregarded” when determining whether a civil 7 action is removable based on diversity jurisdiction. See, e.g., Lewis v. Bear Stearns Residential 8 Mortg. Corp., 2023 WL 5109788, at *3 n.2 (E.D. Cal. Aug. 9, 2023) (dismissing arguments 9 related to citizenship of John Doe ^dfs under 28 U.S.C. § 1441(b)(1)); Thiele v. 10 Travelcenters of America Inc., 2022 WL 392596, at *3 (E.D. Cal. Feb. 9, 2022) (same). 11 The amount-in-controversy requirement is also satisfied because ^p is explicitly 12 seeking at least $77 billion in damages in his Complaint-far in excess of the $75,000 13 requirement. See Dkt. No. 1 | 13 (quoting ^p's Complaint); see also, e.g., Lewis v. Sterling 14 Jewelers Inc., 2018 WL 922352, at *2 (C.D. Cal. Feb. 15, 2018) (holding that amount-in- 15 controversy requirement satisfied “since the Complaint seeks ‘one million dollars' and it does not 16 17 appear to a legal certainty that ^p's claim is for a lesser amount” (citation omitted)); Wilder v. Bank of America, N.A., 2014 WL 6896116, *4 (C.D. Cal. Dec. 5, 2014) (“Where, as here, 18 ^p's state court complaint alleges an amount in controversy in excess of the jurisdictional 19 amount, courts repeatedly and consistently find that the amount in controversy requirement is 20 satisfied, absent proof to a legal certainty that ^p cannot recover the amount for which she 21 22 12601479, at *2 (C.D. Cal. Feb. 3, 2014) (“Carina Perez's complaint alleges that the amount in prays."), aff'd, 2014 WL6896116 (C.D Cal. Dec. 5, 2014); Perez v. Auto Tech. Co., 2014 WL 23 controversy exceeds $75,000, thereby satisfying § 1332(a)'s amount in controversy requirement.” 24 (footnote omitted)). Jurisdiction is plainly appropriate on these facts. See generally Ohio Sec. 25 Ins. Co. v. Daigle, 2023 WL 5707315, at *4 (E.D. Cal. Sept. 5, 2023), report and 26 recommendation adopted, 2023 WL 7284872 (E.D. Cal. Nov. 2, 2023) ("The Complaint alleges 27 that this Court has subject matter jurisdiction under 28 U.S.C. § 1332(a)(1) because there is 28 complete diversity between ^p and all the ^dfs, and because the amount in 2 AMAZON'S OPPOSITION TO ~mS TO REMAND  Case ^cc1 Document 16 Filed 03/26/24 @ 5 of 6 1 controversy exceeds $75,000. ^p has plausibly alleged that diversity jurisdiction is present 2 in this case."). 3 Despite filing three separate ~ms to remand and multiple briefs and declarations in 4 support of those ~ms, ^p provides no substantive response or evidence to contest 5 Amazon's stated basis for removal. He challenges neither the existence of diversity nor that the 6 amount-in-controversy requirement is satisfied. Instead, he goes on—at some length-to 7 complain about proceeding in federal court and then to reiterate the allegations made in the 8 Complaint, namely, that he experienced distress and injuries from playing an online video game 9 and from posting about the video game on the Internet in an associated discussion forum. See 10 Dkt. No. 3 at 4 (“Amazon has undermined legal action and due process by removing this case to 11 Federal Court[.] . . . . Procedurally, [Amazon] should not have any [ ] judicial advantages granted 12 as Amazon is a corporation."); see generally id. (referencing the concept of diversity jurisdiction 13 once in connection with ^p's alleged superior connection to the California state court 14 action). The merit of ^p's allegations will be addressed by Amazon in a separate ~m. 15 They bear no relevance, however, to the pending ~ms to remand. 16 Accordingly, Amazon respectfully requests that the Court deny the ~ms to remand and 17 terminate the three pending ~ms. 18 19 DATED: March 26, 2024 20   DAVIS WRIGHT TREMAINE LLP By: /s/ Mark C. Burnside Mark C. Burnside Attorneys for ^df ^am 3 AMAZON'S OPPOSITION TO ~mS TO REMAND  1 2 Case ^cc1 Document 16 Filed 03/26/24 @ 6 of 6 PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 3 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566. 4 On March 26, 2024, I served the attached document(s) described as: 6 7 5 ^df ^am’S OPPOSITION TO ~mS TO REMAND by placing a true copy of said document(s) enclosed in a sealed envelope(s) for each addressee named below, with the name and address of the person served shown on the envelope as follows: 8 9 ^a P.O. Box 278004 10 Telephone: (916) 365-5434 ^e Sacramento, CA 95827   I placed such envelope(s) with postage thereon fully prepaid for deposit in the ~2 Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service. I I am familiar with the office practice of Davis Wright Tremaine LLP, for collecting and processing 14 correspondence for mailing with the ~2 Postal Service, which practice is that when correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for 15 delivering correspondence to the ~2 Postal Service, such correspondence is delivered to the ~2 Postal Service that same day in the ordinary course of business. 16 17 Federal 18 19 20 Shari Sanders 21 Print Name Executed on March 26, 2024, at Los Angeles, California. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Shan Sarders Signature 22 23   4 AMAZON'S OPPOSITION TO ~mS TO REMAND  ### MINUTE ORDER ### Full docket text for document 16: OPPOSITION by ^am to [3] ~4, [9] ~4, [7] ~4. (Burnside, Mark) # end minute order # UNITED Case ^cc1 Document 17 Filed 03/26/24 @ 1 of 3 TATES ~dc PLURIBUS UNUM * ^c6 Case Number: ^cc1 APPLICATION FOR PRO HAC VICE AND PROPOSED ORDER ☐ ★ ~ed ~h ^p(s) V. Amazon, Inc. ^df(s) Pursuant to Local Rule 180(b)(2) of the ~2 ~dc for the ~ed, Geoffrey Brounell hereby applies for permission to appear and participate as counsel in the above entitled action on behalf of the following party or parties: Amazon, Inc. On February 17, 2009 (date), I was admitted to practice and presently in good standing in the Appellate Division Supreme Court of New York (court). A certificate of good standing from that court is submitted in conjunction with this application. I have not been disbarred or formally censured by a court of record or by a state bar association; and there are not disciplinary proceedings against me. have XI have not concurrently or within the year preceding this application made a pro hac vice application to this court. (If you have made a pro hac vice application to this court within the last year, list the name and case number of each matter in which an application was made, the date of application and whether granted or denied.) Date: March 26, 2024 Signature of Applicant: /s/ Geoffrey Brounell U.S. ~dc - Pro Hac Vice Application Revised July 6, 2021 @ 1  Case ^cc1 Document 17 Filed 03/26/24 @ 2 of 3 Pro Hac Vice Attorney Applicant's Name: Geoffrey Brounell Law Firm Name: Davis Wright Tremaine LLP Address: 1251 Avenue of the Americas, 21st. Floor City: New York Phone Number w/Area Code: 212.603.6404 City and State of Residence: New York, NY Primary E-mail Address: geoffreybrounell@dwt.com jodisavitsky@dwt.com State: NY Zip: 10020-1104 Secondary E-mail Address: I hereby designate the following member of the Bar of this Court who is registered for ECF with whom the Court and opposing counsel may readily communicate regarding the conduct of the case and upon whom electronic notice shall also be served via the Court's ECF system: Local Counsel's Name: Law Firm Name: Address: Annie Zhang Davis Wright Tremaine 50 California Street, 23rd Floor City: San Francisco Phone Number w/Area Code: 415.276.6501 ORDER State: CA Zip: 94111 Bar # 327381 The Pro Hac Vice Application is APPROVED. The Pro Hac Vice Attorney is DIRECTED to request filing access through PACER. Dated: U.S. ~dc - Pro Hac Vice Application Revised July 6, 2021 JUDGE, U.S. ~dc @ 2  Case ^cc1 Document 17 Filed 03/26/24 @ 3 of 3 EXCELSIOR Appellate Division of the Supreme Court of the State of New York Third Judicial Department I, Robert D. Mayberger, Clerk of the Appellate Division of the Supreme Court of the State of New York, Third Judicial Department, do hereby certify that Geoffrey Stuart Brounell was duly licensed and admitted to practice as an Attorney and Counselor at Law in all the courts of this State on February 17, 2009, has duly taken and subscribed the oath of office prescribed by law, has been enrolled in the Roll of Attorneys and Counselors at Law on file in this office, is duly registered with the Office of Court Administration, and according to the records of this Court is currently in good standing as an Attorney and Counselor-at- Law. ME COURT APPELLATE DIV ( SL THIRD DEPARTMENT In Witness Whereof, I have hereunto set my hand in the City of Albany on March 25, 2024. Rotut D Maybeugen Clerk of the Court CertID-00166589  ### MINUTE ORDER ### Full docket text for document 17: PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by ^am for attorney Geoffrey Brounell to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-11428348). Attorney Zhang, Annie Shi added. (Zhang, Annie) Modified on 3/27/2024 (Mena-Sanchez, L). # end minute order # Case ^cc1 Document 1-1 Filed 03/08/24 @ 24 of 45     14 15 SIXTH CAUSE OF ACTION INTENTIONAL INFLICTION OF E~mAL DISTRESS (Pleas for help denied unto ^p, exhausting himself in failed support loops, developing and exacerbating CHF) 61. During the days of November 8th through November 17th ^p frantically tried to resolve this issue with DISCORD. ^p was transferred to multiple different countries with a few AMAZON employees simply refusing to do anything and hanging up the phone. AMAZON has a record of all of these phone calls, as well as the ^p. However, AMAZON's version may provide details or clarity in conversation that ^p's version does not and visa versa. Therefore, both parties need to have the evidences brought to the court of these phone calls willingly or by court order and subpoena. 62. ^p tried nearly a dozen times to iterate, and reiterate what he was experiencing since May 2023, through November 8th 2023, but AMAZON Retail kept dodging the severity in spite of ^p asking repeatedly for escalated support, and investigations. With each failed 16 support line, transferring ^p back into the abyss of AMAZON GAMES doomful support 17   22 23. system. ^p discovered on November 10th - 17th that every support ticket, every email, every phone call was closed on the associate level and was never escalated. This was clearly documented and admitted by Amazon.com Inc., retail support on or about November 10th - 17th 2023. [Precise date and phone call will be provided and Complaint amended when ^p pinpoints the exact phone call recording as there are many and need to be reviewed and organized for the Court and ~m for ~3.] 63. These AMAZON employees were not given proper training, or tools to handle complex or sensitive support issues. These employees were concerned primarily with productivity 24 25 and closing their support tickets as rapidly as possible, so as to disable the ^p from ever 26 being able to receive any escalation, investigation, or true support. 27 28 ^c7 * COMPLAINT @ 21  Case ^cc1 Document 1-1 Filed 03/08/24 @ 25 of 45   5. 6   24 25 26 64. AMAZON showed no shame, in sustaining a system that allows a customer to repeatedly open support tickets, and be repeatedly and almost instantly shut down; and they would infinitely be prepared to close them and do nothing, while telling ^p that he was a "valued Prime-Member". : 65. These actions were both carried out by employees with reckless disregard, and intentional disregard for the safety of ^p and frankly any customer that could have a similar issue, complex or sensitive in nature. The process of having to repeat oneself from the beginning of each support thread, support ticket or support call is terribly disgraceful, and exhausting. These employees should have full transparency from the beginning (i.e. they should see the entire support chain whether closed or not) and different levels of priority should be assigned to complex or sensitive cases. Or customers will continue to be stuck in an endless loop of nullified support, worse having to repeat themselves, and to be transferred to the islands of the sea and far reaches of the earth trying to communicate with outsourced employees wielding broken, distorted, and rudimentary English. There is nothing more beautiful than cultural diversity and sharing of opportunities for employment and industry, and giving people a chance at prosperity, and sharing the American Dream with different peoples and nations; but in resolving complex and sensitive issues AMAZON needs to allow customers the ability to speak clearly with other people who can clearly understand them. AMAZON should allow customers to speak with associates of the same mother tongue (primary language), especially in matters that are complex and sensitive. 66. The support logistics for AMAZON customers trying to resolve problems in the gaming and digital side of AMAZON, is again, literal “Amazon Hell". It doesn't matter how many thousands of dollars you have purchased in pixels, (which they can infinitely generate at no cost to the company AT ALL; yet players pay thousands of dollars for these), or how many years you have been a "Prime-Member", AMAZON is not at all geared to accept complaints about the behavior of its employees or escalating these issues. The complex waltz that the ^p had to navigate to finally find a needle in a haystack, to obtain a "Behavioral Investigation" over 27 employees was a desperate and terrible journey. 28 * ^c7 COMPLAINT @ 22  Case ^cc1 Document 1-1 Filed 03/08/24 @ 26 of 45   7 67. This terrible and desperate journey was filled with numerous acts where AMAZON'S atrocious policy, or altogether lack thereof, was symmetrical in causing ^p to suffer in desperation, and to begin having troubles breathing, and even verbalizing in support chats, and phone calls that perhaps he might need to visit the VA or the hospital. The drone of call centers and the clattering of keyboards and the pursuit of productivity drowned out any chance to truly be heard, on top of language barriers. 68. Therefore how are we to establish intention when AMAZON'S appendages or its 8 employees are rendered almost completely unconscious due to lack of policy and terrible 9 conditions for the customer? What terrible conditions are these AMAZON employees in? What 10 conditions are they in when they must close support tickets, and policy doesn't allow them to   14   escalate? Or perhaps this escalation denotes their work ethic is unacceptable [by Amazons internal ratings on employees] and could put the employee in a bad situation and threaten their employment? These collective variables make the problem even more complex, when the customer simply just needs escalation or specialized support. We must hold AMAZON accountable for the programing, the design and the ultimate composite will; of its own machine, which it has created. 69. This very machine, as it can be likened to a machine, when so many employees work together negligently, and recklessly; this machine has complex elements of intention and the lack thereof! Therefore, all these details need to be brought before the court and carefully examined so 18 19 that the full intentions and culpability of AMAZON can be manifested. 20   [Proceed to the next @] ^c7 * COMPLAINT @ 23  Case ^cc1 Document 1-1 Filed 03/08/24 @ 27 of 45   SEVENTH CAUSE OF ACTION INTENTIONAL INFLICTION OF E~mAL DISTRESS (Amazon Corporate agents hanging up the phone, dead-end support loop continued) 70. In attempts to escalate and reach a department that could understand the ^p's issue, eventually, ^p was able to find the phone number to AMAZON CORPORATE. In a last-ditch effort to find someone or some means whereby to present these issues; someone who 8 might understand them. At this point in the ^p's exhausting odyssey, the mystery of how to 9 escalate a support ticket could be likened unto... trying to solve a 7-Dimensional Rubik's Cube. 7 10   14   19 ^p factually spoke with residents of the Philippines, Jamaica, India, [this portion needs to be amended when the call logs are reviewed again, because there is a few more locations that ^p is unable to identify right now]. 71. The first corporate AMAZON agent provided basically dead-end support, again there was nobody, and no department [or at least these employees declined to assist], no management, nothing. Eventually the first corporate AMAZON agent just hung up the phone, which they do have the right to do, but only after providing or fulfilling some stipulation. [This section needs to be amended when the call logs are reviewed, there is a certain Policy that AMAZON corporate exercises for disconnecting calls, but only after X is fulfilled]. ^p was amidst asking and clarifying potential support channels when this agent disconnected the call. 4 20 72. The second AMAZON corporate agent was easier to talk to but provided close to 21 22 dead-end support, attempting to refer ^p to reach out to AG Developers over Linked-In, the social media website. Surprisingly this was the closest [the Linked-In proposition] ^p would 23 ever really come to being able to speak to a manager or upper management within AMAZON 24 GAMES of course the probability of one of them seeing, let alone answering a DM over Linked- 25 26 In, or even trying to fathom that as reasonable support outlet is perplexing. Again AMAZON employees hands were tied, or it was a series of misfortunate support call events, or both. 27 28 ^c7 * COMPLAINT @ 24    Case ^cc1 Document 1-1 Filed 03/08/24 @ 28 of 45 73. These phone calls to AMAZON CORPORATE occurred on, or near November 11th, 2023. 9 days before ^p would be hospitalized and diagnosed with CHF. At the end of the day, this is still one adversary, AMAZON; taking the shape and form of many different employees, who are acting consciously and willfully to fulfill the will of the greater machine as a 5 whole or as a hive mind. Just as we establish minimum contacts by presenting AMAZON as a 6 resident or Citizen of a state or country to determine jurisdiction and venue; all these 8 e~mal distress; all details should still be attributed to one whole. And when considering the 7 multicolored and multifaceted levels of neglect, reckless disregard, intentional infliction of 9 complexity of that whole-and its power to oppress, defraud and administer malice-should be 10   14 15 1.6 17 18 alarming to those who consider the liabilities... of such a complex machine. Especially when profits are more valuable than people. 74. In some cases these employees must also suffer, not just the customers. But sadly in other cases, these AMAZON employees delight in quarrelling. It's a dangerous game of roulette, especially if the needs of the customer are complex, or sensitive. 75. Due to the complex nature of these interactions with so many employees, from so many departments, and finally being suffocated even at the corporate level, after ^p traveled through a maze designed to oppress, we can only arrive to one conclusion; this is not only on the same level as intent, but its dangerously more gross. As it is effectively a machine, and a hive 19 mind, with conscious and unconscious components, appendages, or elements. This invokes the 20 question of how does one seek equitable relief against such a complex adversary?   [Proceed to the next @] ^c7 * COMPLAINT @ 25  Case ^cc1 Document 1-1 Filed 03/08/24 @ 29 of 45   7 EIGHTH CAUSE OF ACTION AGGRAVATED HARASSMENT (Seven months of in-game harassment) 76. ^p declares that between May 2023 and November 2023 for the approximate span of about Seven Months, ^p was the subject to aggravated harassment, in the form of cyber harassment, in which random players, GUILDS, and AMAZON GAMES/AMAZON 8 Employees participated in active GRIEFING AND TROLLING methods; exploiting the poorly designed end-game mechanic mentioned herein as DDS. 9 10   14     77. ^p was accustomed to participating in 20-50 DUNGEONS or MUTATION "lobbies" per week, (across two accounts bearing the same or similar character name so as to be identified by the stalkers and TROLLS). These DUNGEONS can be described as the pinnacle of New World's End-Game design. In which 5 players join in a "party", or "group" and undertake certain obstacles and challenges for unique rewards. These DUNGEONS, in their highest respective difficulty, require that each player should generally use all means and advantages available to them to succeed well. If one or more players are not prepared it could pose a more difficult challenge. For this reason, there is a "gear score" requirement. At least 5 dungeons per week would have at least one or more TROLLS, manipulating their gear score, to apply DDS- making the DUNGEON not just difficult, but impossible to conquer. 78. Because ^p was very determined to succeed and win, he often shouldered the blunt end of these attacks, internalizing, strategizing, wondering in frustration why he could succeed with masterful ease with some groups, then other groups would be completely and utterly destroyed. It wasn't until about July or August that ^p began to suspect that something wasn't right. It is difficult to quantify and describe how much anguish and turmoil was experienced by the ^p. As he had dedicated himself to not only succeeding and progressing within New World, but also making content for New World. As the TROLLING grew more intense, also did ^p's inner turmoil. This caused ^p to double down try even harder to be successful, but still failing miserably whenever DDS would be applied. ^c7 * COMPLAINT @ 26  Case ^cc1 Document 1-1 Filed 03/08/24 @ 30 of 45   79. It is difficult to describe in words how destructive DDS is to New World. This mechanic is also known generally as "Gear Score Scaling" among the high-end players. So many hundreds of lobbies, so many friendships or potential friendships are destroyed everyday because 4 people do not realize that this mechanic is literally changing the entire difficulty of the 5 DUNGEON in real-time. Due the very buggy and susceptible nature of the CryEngine (New 6 World's Graphics Engine), DDS and "Gear Score Scaling" could occur randomly as well. 7 8 9 80. This seven-month period, was wrought with a very deep and poignant suffering as stress levels were internalized, and ^p struggled to beat a game, that was impossible to win under the circumstances of DDS exploitation, and persistent harassment as random players, 10 organized GUILDS, & AMAZON GAMES Employees TROLLED to GATEKEEP their positions   14   on the LEADERBOARDS. Again, this level of toxicity cannot be measured, the irrecoverable damage that was inflicted not only to New World's player base but also to the ^p. 81. Things would have been dramatically different if the User Interface simply specified that the DUNGEON's difficulty was being scaled, and by whom the DDS was triggered. However, AMAZON GAMES chose to hide this mechanic behind the User Interface and make it a mystery to understand. But alas the damage has already been done, and ^p wishes very much to be able to describe in greater detail the complexities of this Cause of Action—and all causes of action 18 contained in this Complaint, but other portions and Causes of Action need to be addressed too. L 19 ^p pleads for understanding of the court in the difficulty of describing a complex coding, 20 21 and technical issue, a design flaw mixed with many glitches. However, ^p is determined to provide everything in detail but must continue with the remaining body of the Complaint. 22 23 82. There is much evidence to support multiple counts or numbers of each of these Causes of Action. The overall faulty and highly exploitable design rendered ^p and many 24 players as moving targets, for anyone who wanted to GRIEF. Unfortunately, cyberspace today is   filled with numberless TROLLS. As strange and new as this terminology may be to some, ^p wishes to urge to the court how very real these terms are [i.e., GRIEFING, TROLLING and the terms in the GLOSSARY]. ^p wishes to urge to the court how very real, and how very destructive this type of behavior can be, and how destructive these malicious players can be. ^c7 * COMPLAINT @ 27  Case ^cc1 Document 1-1 Filed 03/08/24 @ 31 of 45   7 NINTH CAUSE OF ACTION AGGRAVATED STALKING (Seven months of in-game stalking) 83. ^p declares that between May 2023 and November 2023 for the approximate span of about Seven Months, ^p was the subject to aggravated stalking in the form of Cyberstalking. This is a disturbing and complex form of stalking and its elements have been 8 fulfilled by the incessant and persistent threat the ^p was subjected to during this time- 9 period. These acts were perpetrated by random players looking for an opportunity to inflict   24 GRIEF and suffering upon ^p himself, and upon random DUNGEON lobbies. These acts were perpetrated by random TROLLS, organized groups, and GUILDS and by AMAZON. GAMES/AMAZON employees. 84. The threatening element of this form of stalking is difficult to quantify. As ^p experienced the threats to himself within the online world, and the grief, suffering and pain of these threats carried over into real life, causing ^p to develop CHF, and exacerbating ^p's complex PTSD. These threats were not often verbal, rather they were actions, which caused ^p to always fear for the safety of himself, in the online world; for which he has created thousands of videos across YouTube and Twitch. 85. ^p has made a small career in content creation across various social media platforms and across YouTube and Twitch. The constant threat of being harassed or stalked in game, caused ^p to cease, for the most part in content creation. Because unfortunately the content would only feature the utter destruction of most of the ^p's DUNGEON lobbies, and parties failing, to the constant threat of LEADERBOARD stalking and harassment, and the exploitation of DDS. 25 86. Ultimately this constant stalking, combined with harassment, and bullying caused 26 ^p to develop CHF, and created additionally a life-threatening hospitalization. 27 28 ^c7 * COMPLAINT @ 28  Case ^cc1 Document 1-1 Filed 03/08/24 @ 32 of 45 1. 2       14 10th CAUSE OF ACTION GROSS NEGLIGENCE (AMAZON GAMES creating and perpetuating DDS and specifically neglecting it out of convenience) 87. Due to AMAZON's faulty and highly exploitable technology, DDS, ^p was the subject to online GRIEFING, bullying, harassment, and stalking. These acts were perpetrated by random players looking for cheap thrills, random TROLLS, organized groups, GUILDS and AMAZON GAMES/AMAZON employees. r 88. AMAZON GAMES has multiple studios. Three of which are located on the west- coast. New World's El-Dorado server belongs to a datacenter located in OREGON USA (West Coast). Online-Gamers prefer to connect to servers that are closest to them, to prevent high ping or "lag" when gaming. El-Dorado (^p's Server) is conveniently located on the US-West Coast, where again, three AMAZON GAMES, Studios, connect to. 89. On November 17th, ^p was informed that AMAZON staff, had been 15 manipulating his in game experience. The full extent of such manipulation, requires full 16 17 18 19 disclosure from AMAZON's internal "employee behavioral department." In addition, cyber- forensics needs to be conducted to ascertain the full scope of this "manipulation". New World Server Logs, Employees logs for generating in game assets, including spawning in Gold, instantly leveling characters, all these facets of abuse by AMAZON GAMES employees needs to be audited, 20 investigated, and rightfully prosecuted.   25 26 90. DDS existed persistently throughout the entire seven months span in which ^p was subjected to constant cyber abuses. AMAZON has a duty to care to the customer to create a safe online world as per its own standards and many laws throughout the state of California. While the other causes of action before this one focused on the generalized negligence, within the support system itself; this cause of action focuses on the creation, the existence, and perpetuation of DDS and its easily exploited and faulty nature. 27 28 ^c7 * COMPLAINT @ 29    5 Case ^cc1 Document 1-1 Filed 03/08/24 @ 33 of 45 91. The results of said exploitations, resulting in traumatic and persistent e~mal distress being inflicted upon the ^p. ^p notified AMAZON GAMES in writing across multiple e-mails, and submitted bug reports, as well as published videos on YouTube regarding this technology. Yet to this day it remains the most parasitic bug [bug or glitch in computer programming terms] in New World. 92. Due to the lack of care, breach of care to customer, and over all outrageous acts 6 7 committed against the ^p, as a result of DDS, ^p has developed CHF, and is 8 permanently disabled for life. 9 10   14 15 11th CAUSE OF ACTION GROSS NEGLIGENCE (Collective gross negligence, dead-end support loop) 93. As stated in the 7th Cause of Action, this cause reflects the negligent side of that particular Cause of Action. In that after being transferred via phone support and being 16 completely shut down at every hand in his petition, and pleas for help to relieve his suffering; 17   22 23   during this Seven month period-AMAZON and its many counterparts both employees, departments, corporate offices, officers and agents, AMAZON GAMES and all of its employees who interacted with the ^p but neglected to escalate or provide support, equally bare and are to blame for this amalgamation of Gross Negligence. 94. This Complaint and civil suit, brings before the light of the law, curious questions that need to be answered. Our lives in part, have been assimilated into a digital world, whose actions have real life consequences. 95. Once again, AMAZON had the duty and opportunity to provide support but grossly neglected the ^p's pleas and petitions on every hand. ^p was backed against a wall and has lost much, suffered greater, and according to statistical information and research, his life has been shortened significantly. 28 ^c7 * COMPLAINT @ 30  Case ^cc1 Document 18 Filed 04/03/24 @ 1 of 28 1 GEOFFREY S. BROUNELL (pro hac vice pending) geoffreybrounell@dwt.com 2 DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas, 21st Floor 3 New York, New York 10020-1104 Telephone: (212) 489-8230 4 Fax: (213) 489-8340 5 MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 6 ANNIE S. ZHANG (State Bar No. 327381) ^e1 7 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor 8 Los Angeles, California 90017-2566 Telephone: (213) 633-6800 9 Fax: (213) 633-6899 10 Attorneys for ^df ^am   14 15 ^c6 16 ^a, 17 18 V. ^p, 19 ^am, and DOES 1-50 ^dfs. Case No. ^cc1 ^df ^am’S NOTICE OF ~m AND ~m ΤΟ DISMISS ^p'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES Assigned to the Hon. ^n1 20   Date: Time: May 23, 2024 2:00 p.m. AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-0072 ^a2  1 Case ^cc1 Document 18 Filed 04/03/24 @ 2 of 28 NOTICE OF ~m 2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 3 PLEASE TAKE NOTICE that on Thursday, May 23, 2024, at 2:00 p.m., in Courtroom 2 of 4 the above-captioned Court, located at the Robert T. Matsui ~2 Courthouse, 501 I Street, 5 Sacramento, California 95814, ^df ^am (“Amazon”) will and hereby does move 6 the Court for an order dismissing with prejudice ^p ^a's (“^p”) 7 complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). 8 This ~m is made on three independent grounds. First, ^p's claims are barred by 9 Section 230 of the Communications Decency Act. Second, ^p's claims are barred by the First 10 Amendment of the ~2 Constitution. Third, ^p fails to state a claim upon which 11 relief may be granted. 12 This ~m is based on this notice; the concurrently filed memorandum of points and 13 authorities; all pleadings, records, and files in this action; and such evidence and argument as may be 14 presented at or before the hearing on this ~m.     i AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  1 Case ^cc1 Document 18 Filed 04/03/24 @ 3 of 28 ~toc 2 @ 3 I. INTRODUCTION 1 4 II. FACTUAL AND PROCEDURAL BACKGROUND.. 1 5 III. LEGAL STANDARD.. 3 6 IV. ARGUMENT 3 7 A. ^p's Claims Are Barred Under Section 230. 3 8 1. 9 2. Amazon Is a Provider of “Interactive Computer Services." ^p's Claims Treat Amazon as a Publisher. 5 5 10 3. The Offending Content Was Created by Third-Party Video Game Users. 7 11 B. 12 ^p's Claims Relating to the New World Video Game Are Barred Under the First Amendment. 7 13 C. None of ^ps Causes of Action Are Cognizable Under the Law. 9 14 1. ^p Does Not Plead the Requisite Elements for IIED Claims......... 9 15 a. ^p does not plead the requisite intent. 9 16 b. ^p does not plead extreme and outrageous conduct......... 11 17 2. ^p Does Not Plead the Requisite Elements for Gross Negligence Claims. 13 18 a. ^p does not plead a cognizable duty. 13 19 b. ^p does not plead extreme conduct. 15 20 3. 21 ^p's "Aggravated Harassment” and “Aggravated Stalking" Claims Are Not Cognizable Causes of Actions. 16 22 4. ^p Does Not Plead a Cognizable UCL Claim. 17 23 V. CONCLUSION... 19   ii AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 4 of 28 1 TABLE OF AUTHORITIES 2 @(s) 3 Cases 4 Am.-Arab Anti-Discrimination Comm. v. City of Dearborn, 418 F.3d 600 (6th Cir. 2005) 8 5 Anderson v. Fitness Int'l, LLC, 6 4 Cal. App. 5th 867 (2016) 15 7 Ashcroft v. Iqbal, 8 556 U.S. 662 (2009). 3 9 Ballard v. Uribe, 41 Cal. 3d 564 (1986) 14 10 Barnes v. Yahoo!, Inc., 11 570 F.3d 1096 (9th Cir. 2009) 3, 5, 6 12 Batzel v. Smith, 13 333 F.3d 1018 (9th Cir. 2003) 4 14 Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) 3 15 Blackshire v. County of Yuba, 16 648 F. Supp. 3d 1221 (E.D. Cal. 2023). 11 17 Bride v. Snap Inc., 18 2023 WL 2016927 (C.D. Cal. Jan. 10, 2023) 6,7 20 19 Burns v. Neiman Marcus Grp., Inc., 173 Cal. App. 4th 479 (2009) Carafano v. Metrosplash.com, Inc., 15 21 339 F.3d 1119 (9th Cir. 2003) 3,4 22 Cel-Tech Commc'ns, Inc. v. L.A. Cellular Tel. Co., 20 Cal. 4th 163 (1999) 18 23 24 Christensen v. Superior Court, 54 Cal. 3d 868 (1991) 10 25 26 City of Santa Barbara v. Superior Court, 41 Cal. 4th 747 (2007) 15 27 Clemens v. DaimlerChrysler Corp., 534 F.3d 1017 (9th Cir. 2008) 19 28 iii AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 5 of 28 1 Cochran v. Cochran, 65 Cal. App. 4th 488 (1998) 1  Ctr. for Biological Diversity v. U.S. Forest Serv., 80 F.4th 943 (9th Cir. 2023) 3 4 Daniel v. Armslist, LLC, 5 926 N.W.2d 710 (Wis. 2019). 5 6 Davidson v. City of Westminster, 32 Cal. 3d 197 (1982) 10, 11, 12, 13 7 Dillon v. Legg, 8 68 Cal. 2d 728 (1968) 14 9 Doe v. Grindr Inc., 10 2023 WL 9066310 (C.D. Cal. Dec. 28, 2023) 7 11 Dove v. PNS Stores, Inc., 982 F. Supp. 1420 (C.D. Cal. 1997) 10, 12 12 Dyroff v. Ultimate Software Grp., Inc., 13 934 F.3d 1093 (9th Cir. 2019) 4, 6, 7 14 Fair Hous. Council v. Roommates.com, LLC, 15 521 F.3d 1157 (9th Cir. 2008) 4, 5, 6 16 Farmers Ins. Exch. v. Superior Court, 2 Cal. 4th 377 (1992) 18 17 Flores v. EMC Mortg. Co., 18 997 F. Supp. 2d 1088 (E.D. Cal. 2014). 17 19 20 Frittelli, Inc. v. 350 N. Canon Drive, LP, 202 Cal. App. 4th 35 (2011) 15 21 Gonzalez v. Google, Inc., 282 F. Supp. 3d 1150 (N.D. Cal. 2017) 4 22 Green v. Am. Online (AOL), 23 318 F.3d 465 (3d Cir. 2003). 7 24 Herron v. Best Buy Co. Inc., 25 924 F. Supp. 2d 1161 (E.D. Cal. 2013). 17 26 Hughes v. Pair, 46 Cal. 4th 1035 (2009) 9, 10, 11, 12 27 Ileto v. Glock Inc., 28 349 F.3d 1191 (9th Cir. 2003) 13 iv AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 6 of 28 1 Jackson v. Airbnb, Inc., 2022 WL 16753197 (C.D. Cal. Nov. 4, 2022). 7 2 3 Jacoves v. United Merchandising Corp., 9 Cal. App. 4th 88 (1992) 13 4 Johnson v. Arden, 5 614 F.3d 785 (8th Cir. 2010) 4,5 6 Jones v. Wells Fargo Bank, 112 Cal. App. 4th 1527 (2003) 16 7 Kesner v. Superior Court, 8 1 Cal. 5th 1132 (2016) 14 9 Khoury v. Maly's of Cal., Inc., 10 14 Cal. App. 4th 612 (1993) 17 11 King v. Facebook, Inc., 572 F. Supp. 3d 776 (N.D. Cal. 2021) 12, 13 12 Klayman v. Zuckerberg, 13 753 F.3d 1354 (D.C. Cir. 2014). 6 14 Koch v. Goldway, 15 817 F.2d 507 (9th Cir. 1987) 11 16 Lewis v. Time Inc., 83 F.R.D. 455 (E.D. Cal. 1979), aff'd, 710 F.2d 549 (9th Cir. 1983). 8 17 Lozano v. AT&T Wireless Servs., Inc., 18 504 F.3d 718 (9th Cir. 2007) 17 19 McKinney v. Google, Inc., 20 No. 5:10-CV-01177 EJD (PSG), 2011 WL 3862120 (N.D. Cal. Aug. 30, 2011) 18 21 Meyer v. Aabaco Small Bus., LLC, No. 5:17-cv-02102-EJD, 2018 WL 306688 (N.D. Cal. Jan. 5, 2018) 18 22 Nemet Chevrolet, Ltd. v. Consumeraffairs.com, Inc., 23 591 F.3d 250 (4th Cir. 2009) 4,5 24 25 M.A. ex rel. P.K. v. Vill. Voice Media Holdings, LLC, 809 F. Supp. 2d 1041 (E.D. Mo. 2011). 5 26 Podolsky v. First Healthcare Corp., 50 Cal. App. 4th 632 (1996) 18 27 28 Potter v. Firestone Tire & Rubber Co., 6 Cal. 4th 965 (1993) 10 V AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 7 of 28 1 Ripplinger v. Collins, 868 F.2d 1043 (9th Cir. 1989) 2 3 Rosencrans v. Dover Images, Ltd., 192 Cal. App. 4th 1072 (2011) 4 Rowland v. Christian, 5 69 Cal. 2d 108 (1968) 6 Saunders v. Superior Court, 27 Cal. App. 4th 832 (1994) 7 Shaeffer v. Califia Farms, LLC, 8 44 Cal. App. 5th 1125 (2020) 9 Smith v. California, 10 361 U.S. 147 (1959). 11 Tarasoff v. Regents of Univ. of Cal., 8 13, 15 14 17 18 7,8 17 Cal. 3d 425 (1976) 14 12 ~2 v. U.S. Dist. Ct. for Cent. Dist. of Cal., 13 858 F.2d 534 (9th Cir. 1988) 8 14 Vasilenko v. Grace Fam. Church, 15 3 Cal. 5th 1077 (2017) 14 16 Video Software Dealers Assʼn v. Webster, 968 F.2d 684 (8th Cir. 1992) 8 17 Walker v. Countrywide Home Loans, Inc., 18 98 Cal. App. 4th 1158 (2002) 17 19 Whitlock v. Pepsi Americas, 20 681 F. Supp. 2d 1116 (N.D. Cal. 2010) 10 21 Yurick v. Superior Court, 209 Cal. App. 3d 1116 (1989). 11, 12 22 Zeran v. America Online, 23 129 F.3d 327 (4th Cir. 1997) 4   vi AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 8 of 28 1 Statutes 2 47 U.S.C. § 230... 3 passim § 230(a)(3) 3 4 § 230(b)(2) 3 § 230(c) 4 5 § 230(c)(1) 4 § 230(f)(2) 5 6 California Business & Professions Code § 17200, et seq. (Unfair Competition Law).......... passim 7 8 California Civil Code § 1708.7(a)(1). 16 9 California Code of Civil Procedure § 527.6(b)(3) 16 10 Rules 11 Federal Rule of Civil Procedure 12(b)(6) Constitutional Provisions 12 13 U.S. Constitution, amend. I. 14     vii AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729 9 1, 3, 7, 8  1 2 Case ^cc1 Document 18 Filed 04/03/24 @ 9 of 28 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION This case arises out of ^p ^a's (“^p”) dissatisfaction with 3 4 an online video game called New World, published by Amazon Games. Although the allegations 5 are scattered, the gravamen of ^p's Complaint appears to be twofold: he alleges that (1) a 6 specific game mechanism within New World allowed players to "cyberbully” him, which resulted 7 in medical injuries relating to his disability, see Compl. ¶¶ 26–32; and (2) Amazon worked in 8 concert with management at Discord, Inc. (“Discord”), a third-party social media platform, to 9 suspend ^p's Discord account. See id. ¶¶¶ 52–60. ^p alleges that Amazon's actions 10 exacerbated his various medical conditions, including congestive heart failure. Id. ¶ 16. He seeks 11 upwards of $77 billion dollars in damages from Amazon for intentional infliction of e~mal 12 distress and gross negligence, among other claims. Id., Section VII. 13 ^p's Complaint fails for three separate reasons. First, Section 230 of the 14 Communications Decency Act (“CDA”) bars all of ^p's claims relating to the actions of 15 video game users on New World against Amazon. Second, the First Amendment of the United 16 States Constitution likewise bars these claims. Third, and finally, ^p pleads no facts 17 suggesting any of his claims are cognizable under the law. For any or all of these reasons, the 18 Court should dismiss ^p's Complaint without leave to amend. 19 20 II. FACTUAL AND PROCEDURAL BACKGROUND On January 9, 2024, ^p, appearing pro se, filed a Complaint in Sacramento County 21 Superior Court against ^df ^am (“Amazon”), alleging eleven causes of 22 action. See generally Compl. Some of these eleven causes of actions are duplicated, but, in sum, 23 he alleges: four intentional infliction of e~mal distress (“IIED”) claims; four gross negligence 24 claims; one claim under the Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200; 25 one claim for "aggravated harassment,” and one claim for “aggravated stalking.” See id. 26 ^p asserts that ^am (“Amazon”) is the parent company of Amazon 27 Games, which publishes the online video game New World. Id. ¶ 15. ^p alleges that from 28 May 2023 through November 2023, he experienced “acts of aggravated cyber harassment, 1 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 10 of 28 1 aggravated cyberstalking, and aggravated cyber bullying" by other players on New World. Id. 2 According to ^p, Amazon “facilitated these actions by creating an online environment to 3 facilitate stalking, cyberbullying, harassment, and the intentional infliction of e~mal distress." 4 Id. 26. Specifically, ^p blames a game mechanism called Dynamic Difficulty Scaling 5 ("DDS"), which contains a “terrible design flaw." Id. ¶¶¶ 27, 29. ^p claims to have 6 contacted Amazon on multiple occasions to complain about this issue, but Amazon employees 7 allegedly "ignored his pleas for help.” Id. ¶¶ 17. 8 Separately, ^p alleges issues related to his Discord account. Id. ¶¶¶ 52–60. For 9 context, Discord is a third-party social media platform used primarily by video game players. See 10 id. 5. Discord is divided into “servers” for people who share a common interest. Id. ^p's 11 dispute centers around a specific server, the New World Official Discord, which he alleges is 12 managed by an Amazon employee. Id. ¶ 18. ^p claims that on November 8, 2023, he 13 engaged users “in the New World Official Discord in a friendly game related discussion, when . . . 14 he was [] forcibly timed out” by a Discord administrator. Id. ¶¶ 52. ^p alleges that “he was 15 permanently banned for nothing” and suffered “intense anxiety and fear” as a result of the ban. Id. 16 55. 17 ^p alleges that as a result of these issues, on November 20, 2023, he was hospitalized 18 and diagnosed with congestive heart failure. Id. 21. Specifically, ^p attributes his health 19 conditions to “being harassed within New World, [ ] by [various Amazon] [e]mployees 20 random players” on New World. Id. ¶¶¶ 22-23. 21 and ^p seeks injunctive relief preventing Amazon from “retaliating against ^p in the 22 form of banning, abridging, suspending, or in any way negatively altering current and existing 23 [Amazon] services which are presently in good standing." Id., Section VI. He also seeks "past, 24 present, and future lost earnings[;] . . . medical expenses to secure future heart, lung, and kidney 25 transplants[;] emergency funeral expenses if ^p passes away at any time due to 26 complications[;] $7 billion in compensatory damages, and . . . $70 billion in punitive and 27 exemplary damages.” See id. 28 2 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  1 Case ^cc1 Document 18 Filed 04/03/24 @ 11 of 28 On March 8, 2024, Amazon timely removed to this Court based on diversity jurisdiction. 2 See ECF 1. Amazon now moves to dismiss ^p's baseless Complaint with prejudice.¹ 3 III. LEGAL STANDARD 4 To survive a ~m to dismiss, a complaint must state a claim that is “plausible on its 5 face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Courts require “more than labels 6 and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Id. at 7 555. A claim for relief requires “factual content that allows the court to draw the reasonable 8 inference that the ^df is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 9 678 (2009). The plausibility inquiry is a “context-specific task that requires the reviewing court to 10 draw on its judicial experience and common sense.” Id. at 679. Dismissal should be with 11 prejudice where amendment would be futile. See, e.g., Ctr. for Biological Diversity v. U.S. Forest 12 Serv., 80 F.4th 943, 956 (9th Cir. 2023). 13 14 IV. ARGUMENT ^p's claims fail for three reasons. First, Section 230 of the Communications 15 Decency Act (“CDA”) bars ^p's claims relating to New World. Second, the First 16 Amendment of the ~2 Constitution bars ^p's claims relating to New World. 17 Third, ^p pleads no facts suggesting any of his claims are cognizable under the law. 18 Accordingly, the Court should dismiss ^p's Complaint without leave to amend. 19 20 A. ^p's Claims Are Barred Under Section 230. Section 230 "provides broad immunity” for claims against interactive computer service 21 providers “for publishing content provided primarily by third parties." Carafano v. 22 Metrosplash.com, Inc., 339 F.3d 1119, 1123 (9th Cir. 2003). Enacted to bolster First Amendment 23 protections online, the statute exists “to promote the free exchange of information and ideas over 24 the Internet.” Barnes v. Yahoo!, Inc., 570 F.3d 1096, 1099-1100 (9th Cir. 2009) (cleaned up); see 25 47 U.S.C. § 230(a)(3), (b)(2). To do so, Congress “established a general rule that providers of 26 interactive computer services are liable only for speech that is properly attributable to them." 27 28 ¹ ^p has also filed three ~ms to remand. ECF 4, 7, 9. Amazon filed an opposition brief for all three ~ms. ECF 16. 3 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 12 of 28 1 Johnson v. Arden, 614 F.3d 785, 791 (8th Cir. 2010) (quoting Nemet Chevrolet, Ltd. v. 2 Consumeraffairs.com, Inc., 591 F.3d 250, 254 (4th Cir. 2009)). 3 The statute must be construed “in favor of immunity.” Fair Hous. Council v. 4 Roommates.com, LLC, 521 F.3d 1157, 1170-71, 1174 (9th Cir. 2008) (en banc). And because the 5 law "protect[s] websites not merely from ultimate liability, but [also] from having to fight costly 6 and protracted legal battles,” Roommates, 521 F.3d at 11175, “[w]hen a ^p cannot allege 7 enough facts to overcome Section 230 immunity, a ^p's claims should be dismissed.” 8 Dyroff v. Ultimate Software Grp., Inc., 934 F.3d 1093, 1097 (9th Cir. 2019). As the Ninth Circuit 9 has noted: 10   14   Congress made a policy choice not to deter harmful online speech through the separate route of imposing tort liability on companies that serve as intermediaries for other parties' potentially injurious messages. Congress' purpose in providing the § 230 immunity was thus evident. Interactive computer services have millions of users. The amount of information communicated via interactive computer services is therefore staggering. The specter of tort liability in an area of such prolific speech would have an obvious chilling effect. It would be impossible for service providers to screen each of their millions of postings for possible problems. Faced with potential liability for each message republished by their services, interactive computer service providers might choose to severely restrict the number and type of messages posted. Congress considered the weight of the speech interests implicated and chose to immunize service providers to avoid any such restrictive effect. Carafano, 339 F.3d at 1123-24 (quoting Zeran v. America Online, 129 F.3d 327, 330-31 (4th Cir. 18 1997)) (citation omitted); see also Batzel v. Smith, 333 F.3d 1018, 1027 (9th Cir. 2003) (quoting 19 Zeran with approval). Under § 230(c), therefore, so long as a third party willingly provides the 20 essential published content, the interactive service provider receives full immunity regardless of the 21 specific editing or selection process. 22 "This guidance emphasizes that Section 230(c)(1) is implicated not only by claims that 23 explicitly point to third party content but also by claims which, though artfully pleaded to avoid 24 direct reference, implicitly require recourse to that content to establish liability or implicate a 25 ^df's role, broadly defined, in publishing or excluding third party communications.” 26 Gonzalez v. Google, Inc., 282 F. Supp. 3d 1150, 1164 (N.D. Cal. 2017) (quotation marks and 27 citation omitted). This rule prevents ^ps from using "artful pleading' to state their claims 28 only in terms of the interactive computer service provider's own actions, when the underlying basis 4 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 13 of 28 1 for liability is unlawful third-party content published by the ^df." Daniel v. Armslist, LLC, 2 926 N.W.2d 710, 724 (Wis. 2019); accord M.A. ex rel. P.K. v. Vill. Voice Media Holdings, LLC, 3 809 F. Supp. 2d 1041, 1058 (E.D. Mo. 2011) (dismissing claims “artfully and eloquently" pleaded 4 "to avoid the reach of § 230"). And because Section 230 “protect[s] websites not merely from 5 ultimate liability, but [also] from having to fight costly and protracted legal battles,” Roommates, 6521 F.3d at 1175, the immunity attaches “at the earliest possible stage of the case,” Nemet 7 Chevrolet, Ltd., 591 F.3d at 255—including on ~ms to dismiss, e.g., Johnson, 614 F.3d at 792. 8 A three-part test governs Section 230 immunity. The statute bars any claim where: (1) the 9 ^df is a “provider of an interactive computer service”; (2) the claims would treat the 10 ^df as the “publisher” of the relevant content; and (3) the content was “provided by another 11 information content provider.” Barnes, 570 F.3d at 1100–01; accord Johnson, 614 F.3d at 790 12 (applying same test). Each of these conditions is satisfied by Amazon. Accordingly, the entire 13 Complaint is barred by Section 230. 14 15 1. Amazon Is a Provider of “Interactive Computer Services." Section 230 defines “interactive computer service” to include “any information service, 16 system, or access software provider that provides or enables computer access by multiple users to a 17 computer server.” 47 U.S.C. § 230(f)(2). ^p alleges that Amazon, through New World, 18 "created an online environment” for players to connect through a video game. See id. ¶¶ 26. 19 ^p's claims are not premised on the physical attributes of any gaming device; they are premised, 20 rather, on access that Amazon provided to New World. Because New World is an “information 21 service, system, or access software provider that provides or enables computer access by multiple 22 23 24 users to a computer server,” it is an interactive computer service. 47 U.S.C. § 230(f)(2). 2. ^p's Claims Treat Amazon as a Publisher. The Ninth Circuit construes the phrase “treated as the publisher" to reach any claim that 25 "involves reviewing, editing, and deciding whether to publish or to withdraw from publication third- 26 party content.” Barnes, 570 F.3d at 1102. What matters “is not the name of the cause of action," but 27 whether the substantive “duty” the claim seeks to impose “inherently requires the court to treat the 28 ^df as the ‘publisher or speaker' of content provided by another.” Id. at 1101–02. A ^p 5 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 14 of 28 1 accordingly “cannot sue someone for publishing third-party content simply by changing the name of 2 the theory.” Id. at 1102; see also Roommates.com, 521 F.3d at 1170-71 (“any activity that can be 3 boiled down to deciding whether to exclude material that third parties seek to post online is perforce 4 immune under section 230"). 5 ^p's claims fall squarely within this protection. Through various causes of action, 6 ^p seeks to impose liability on Amazon based on its role publishing and transmitting 7 allegedly harmful user-generated messages within the New World video game. This theory falls 8 in the heartland of Section 230 because it seeks to premise liability on Amazon's alleged 9 publication and dissemination of the third-party speech it makes available on its services. This 10 theory targets core publisher activity and is thus barred under Section 230. See, e.g., Barnes, 570 11 F.3d at 1102 (“publication involves reviewing, editing, and deciding whether to publish or to 12 withdraw from publication third-party content"); see also Dyroff, 934 F.3d at 1097-98 (claim treated 13 ^df as a publisher where the alleged liability derived from “features and functions” that 14 enabled user to transmit allegedly harmful communications to the ^p's son). The only way 15 Amazon could avoid liability on ^p's theory is by declining to publish the allegedly harmful 16 user messages, and by monitoring all content available on its platforms to ensure that access to any 17 harmful content here, “cyberbullying"—is removed. Section 230 protects online services from 18 exactly this type of claim. See, e.g., Bride v. Snap Inc., 2023 WL 2016927, at *1-2, 5-6 (C.D. Cal. 19 Jan. 10, 2023) (Section 230 barred claim that Snapchat's features enabled “bullying and harassment” 20 of ^p by other users). The statute was "enacted to protect websites against the evil of liability 21 for failure to remove offensive content.” Fair Hous. Council, 521 F.3d at 1174. Thus in Barnes, 22 570 F.3d at 1103 the Ninth Circuit affirmed dismissal of claims predicated on Yahoo's failure to 23 remove allegedly injurious content. So too here. See also Klayman v. Zuckerberg, 753 F.3d 1354, 24 1359 (D.C. Cir. 2014) (“the very essence of publishing is making the decision whether to print or 25 retract a given piece of content”) (emphasis added). 26 It also makes no difference that ^p brings claims under different (fictitious or real) labels: 27 intentional infliction of e~mal distress, “aggravated harassment,” “aggravated stalking,” gross 28 negligence, or violations of the Unfair Competition Law. Each claim targets the publication, 6 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 15 of 28 1 monitoring, and removal of content of third-party players on New World—“actions quintessentially 2 related to a publisher's role.” Green v. Am. Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003); accord, 3 e.g., Doe v. Grindr Inc., 2023 WL 9066310, at *4 (C.D. Cal. Dec. 28, 2023) (holding Section 230 4 applied to Doe's claims because “the alleged 'defect” was "only relevant to Doe's injury to the 5 extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe 6 seeks to hold Grindr liable for its failure to regulate third party content"). 7 8 3. The Offending Content Was Created by Third-Party Video Game Users. The third condition for Section 230 protection is easily satisfied. As with the Bride 9 cyberbullying ^p whose claims were barred by Section 230, ^p's claims also concern 10 "harassing” comments posted by other New World “users,” not content that originated with Amazon 11 itself. 2023 WL 2016927, at *6 (Section 230 applied because Snapchat “did not create or develop 12 the harassing and explicit messages that led to the harm suffered by ^ps; the sending users 13 did") (citing Dyroff, 934 F.3d at 1098). Nowhere in the Complaint does ^p allege—let alone 14 suggest-facts that implicate Amazon as being directly involved in “cyberbullying” ^p. “The 15 accusation here is fundamentally that [Amazon] should have monitored and curbed third-party 16 content." See Jackson v. Airbnb, Inc., 2022 WL 16753197, at *2 (C.D. Cal. Nov. 4, 2022). Section 17 230 bars such claims. B. ^p's Claims Relating to the New World Video Game Are Barred Under the First Amendment. 18 19 20 Even if not barred under Section 230, ^p's claims relating to the New World video 21 game are independently barred under the First Amendment and should be dismissed. 22 The First Amendment prohibits holding a forum for speech liable for the content it 23 publishes without proof that the forum at least had "knowledge of the contents" of the speech 24 in question. Smith v. California, 361 U.S. 147, 149 (1959). Because ^p's claims fail to 25 allege Amazon knew of the speech at issue—the alleged cyberbullying from New World video 26 game players-^p's claims run afoul of this rule. 27 In Smith, the Supreme Court invalidated a law holding booksellers strictly liable for selling 28 "obscene" books because it would have resulted in self-censorship. The problem was “[t]he 7 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 16 of 28 1 bookseller's limitation in the amount of reading material with which he could familiarize 2 himself." 361 U.S. at 153-54. If the bookseller could be liable merely for hosting offensive 3 speech, the Court reasoned, the risk of liability “would tend to restrict the public's access to forms 4 of the printed word” and “have the collateral effect of inhibiting the freedom of expression by 5 making the individual the more reluctant to exercise it.” Id. at 151, 153-54. 6 Under Smith, a “distributor” of speech may “not be punished if he did not have some 7 'knowledge of the contents' of the allegedly” unlawful material. ~2 v. U.S. Dist. Ct. for 8 Cent. Dist. of Cal., 858 F.2d 534, 539 (9th Cir. 1988) (citation omitted); see also Am.-Arab Anti- 9 Discrimination Comm. v. City of Dearborn, 418 F.3d 600, 611 (6th Cir. 2005) (under Smith, “any” 10 law that "chills the exercise of First Amendment rights must contain a knowledge element") 11 (quoting Video Software Dealers Ass'n v. Webster, 968 F.2d 684, 690 (8th Cir. 1992)). Thus, in 12 Lewis v. Time Inc., 83 F.R.D. 455, 464-65 (E.D. Cal. 1979), aff’d, 710 F.2d 549 (9th Cir. 1983), 13 the ^p failed to state a claim against distributors of Time Magazine because "n[o] specific 14 facts" were “alleged to show that the distributor ^dfs had knowledge of the defamatory 15 nature" of the speech published. “[T]here can be no liability” in “any lawsuit" against a 16 "distributor” of third-party speech consistent with “[t]he high standards required by the First 17 Amendment,” the court found, “absent scienter” and “specific factual allegations concerning 18 actual knowledge." Id. at 465. 19 21 The First Amendment bars ^p's claims. ^p does not allege Amazon knew the 20 contents of the alleged communications between ^p and his cyberbullies. Rather, ^p appears to claim Amazon should have known about these communications because it “facilitated” 22 the proliferation of these communications when it “create[ed] an online environment” which 23 permitted cyberbullying. Compl. 26. In such circumstances, permitting ^p to impose 24 "liability on a publisher” like Amazon for enabling him to communicate with New World video 25 game players who cyberbullies him “would have an undoubted chilling effect on speech.” U.S. 26 Dist. Ct., 858 F.2d at 539 (citation omitted); see also Ripplinger v. Collins, 868 F.2d 1043, 1056 27 (9th Cir. 1989) (provision permitting liability against distributors who “should know" speech 28 contains obscenity “unduly chills" speech). 8 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 17 of 28 1 C. None of ^ps Causes of Action Are Cognizable Under the Law. 2 As explained in more detail below, ^p fails to adequately plead any of his eleven 3 causes of action. Accordingly, the Court should dismiss ^p's Complaint for failure to state a 4 claim pursuant to Federal Rule of Civil Procedure 12(b)(6). 5 1. ^p Does Not Plead the Requisite Elements for IIED Claims. 6 ^p asserts IIED claims for his first, fifth, sixth, and seventh causes of action. See 7 generally Compl. Although unclear, it appears that he is asserting different theories of liability for 8 each claim. See id. 9 Under any theories of liability, ^p fails to state a claim for IIED. To plead a viable 10 IIED claim, a ^p must allege facts showing: (1) “extreme and outrageous conduct by the 11 ^df with the intention of causing, or reckless disregard of the probability of causing, 12 e~mal distress; (2) the ^ps suffering severe or extreme e~mal distress; and (3) actual 13 and proximate causation of the e~mal distress by the ^df's outrageous conduct.” 14 Hughes v. Pair, 46 Cal. 4th 1035, 1050 (2009). For ^ps asserting an IIED claim, the 15 California Supreme Court “has set a high bar." Id. at 1051. 16 Construing these facts in the best possible light, ^p's allegations boil down to two 17 categories: (1) Amazon designed a specific game mechanic that ^p wants Amazon to 18 remove from the game; and (2) Amazon banned ^p from the New World Official Discord 19 and continues to deny him access to that server. See generally Compl. Neither category of 20 allegations amount to an IIED claim for at least two reasons. First, ^p pleads no facts 21 suggesting that Amazon acted with the requisite intent to cause him e~mal distress. Second, 22 Amazon's alleged conduct is neither extreme nor outrageous by any objective measure. 23 24 a. ^p does not plead the requisite intent. ^p pleads no facts suggesting that Amazon acted with the intent or reckless disregard 25 required for an IIED claim. He cannot show that Amazon engaged in intentional conduct directed 26 towards him, nor can he show that Amazon acted with the intention of causing, or in reckless 27 disregard of the probability of causing ^p e~mal distress. 28 9 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  1 Case ^cc1 Document 18 Filed 04/03/24 @ 18 of 28 ^p cannot show that Amazon engaged in any conduct directed towards him. Under 2 California law, ^p must plead that Amazon intentionally engaged in conduct directed 3 primarily at ^p. See Potter v. Firestone Tire & Rubber Co., 6 Cal. 4th 965, 1002 (1993). 4 As the California Supreme Court has long held, “it is not enough that the conduct be intentional 5 and outrageous.” Id. (alteration omitted) (quoting Christensen v. Superior Court, 54 Cal. 3d 868, 6903 (1991)). “It must be conduct directed at the ^p, or occur in the presence of a ^p of 7 whom the ^df is aware.” Id. (quoting Christensen, 54 Cal. 3d at 903); see, e.g., Whitlock v. 8 Pepsi Americas, 681 F. Supp. 2d 1116, 1121–22 (N.D. Cal. 2010) (a ^p asserting an IIED 9 claim faces a “heavy burden” to establish the ^df's knowledge “of these particular 10 ^ps" (citation omitted)). 11 Here, ^p alleges that a game mechanic in New World allowed other players to harass 12 or bully him, but he has not articulated, nor he could articulate, facts which would suggest that 13 Amazon designed the game with the intention of achieving such an attenuated outcome. Before 14 ^p filed this Complaint, Amazon was not even aware of ^p, much less engaged in 15 conduct directed at him. See Whitlock, 681 F. Supp. 2d at 1122–23 (granting ^dfs summary 16 judgment where ^ps could not show that ^dfs were aware of ^ps' presence at the 17 time of ^dfs' conduct). 18 Further, ^p cannot plead that Amazon acted “with the intention of causing, or 19 reckless disregard of the probability of causing” e~mal distress to ^p. Hughes, 46 Cal. 20 4th at 1050. To support an IIED claim, the ^df must have acted “with the intent to inflict 21 injury or with the realization that injury will result.” Dove v. PNS Stores, Inc., 982 F. Supp. 1420, 22 1425 (C.D. Cal. 1997); accord Davidson v. City of Westminster, 32 Cal. 3d 197, 210 (1982). 23 "Where there is no intent to inflict e~mal distress, the ^df is entitled to judgment." 24 Dove, 982 F. Supp. at 1425. ^p's IIED claim arising out of Amazon's design of the game 25 fails because Amazon did not design the game with the intention of inflicting injury on ^p. 26 ^p's IIED claims arising out of his Discord suspension should be treated the same. 27 Regardless of his subjective evaluation of his experience with these customer service 28 representatives, ^p has not pleaded facts sufficient to show how or why Amazon would have 10 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 19 of 28 1 banned him with the intention of causing him e~mal distress. Based on ^p's own facts, 2 it is implausible that Amazon would choose to “target” one player specifically for the purpose of 3 causing him injury. See Davidson, 32 Cal. 3d at 210 (^p who was stabbed in a public 4 laundromat that was under public surveillance failed to state an IIED claim against ^df 5 police officers because they did not act or fail to act "as they did for the purpose of causing 6 e~mal injury to [the ^p]"); see id. (“[a]bsent an intent to injure,” a ^df's conduct 7 does not give rise to liability for an IIED claim). ^p has pleaded no facts suggesting any 8 other story other than the simple, straightforward one: Amazon revoked ^p's access to the 9 Discord server because ^p violated Amazon's terms of service or Discord's community 10 guidelines, and not because Amazon wanted to “directly harass[]" him. See Compl. ¶ 53. Thus,   ^p fails to adequately plead the requisite intent for his IIED claims. b. ^p does not plead extreme and outrageous conduct. Even if ^p could plead the requisite intent—which he cannot—Amazon's alleged 14 conduct does not rise to the level of “extreme and outrageous" as required for an IIED claim. 15 Generally, “[l]iability for intentional infliction of e~mal distress does not extend to mere insults, 16 indignities, threats, annoyances, petty oppressions, or other trivialities.” Hughes, 46 Cal. 4th at 17 1051 (internal quotation marks and citation omitted). A ^df's conduct is “outrageous” when 18 it is "so extreme as to exceed all bounds of that usually tolerated in a civilized community." Id. at 19 1050-51 (internal quotation marks and citation omitted). “[C]onduct will be found to be actionable 20 where the recitation of the facts to an average member of the community would arouse his 21 resentment against the actor, and lead him to exclaim, ‘Outrageous!” Blackshire v. County of Yuba, 22 648 F. Supp. 3d 1221, 1240 (E.D. Cal. 2023) (internal quotation marks omitted) (quoting Cochran 23 v. Cochran, 65 Cal. App. 4th 488, 494 (1998)). Examples of conduct which California courts have 24 concluded do not rise to the level of extreme and outrageous include a ^df's “reprehensible 25 vicious slur" about the ^p likening him to a Nazi war criminal, Koch v. Goldway, 817 26 F.2d 507, 510 (9th Cir. 1987); a ^df graphically threatening ^p by placing message on 27 answering machine, Cochran, 65 Cal. App. 4th at 499; a ^df repeatedly saying ^p was 28 senile and a liar in front of co-workers, Yurick v. Superior Court, 209 Cal. App. 3d 1116, 1127-29 11 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 20 of 28 1 (1989); and police officers watching ^p's stabbing and failing to intervene, Davidson, 32 Cal. 2 3d at 201, 210. 3 ^p's allegations do not come close to even these failed examples. ^p is 4 complaining about a game mechanic, which, although expressed in more serious terms like “cyber 5 harassment” and “cyberbullying,” describe the conduct of third parties, not of Amazon. See 6 Compl. 29 (“^p was relentlessly harassed, stalked, and cyber bullied in the New World 7 game, published by Amazon Games[.]”). Amazon has not done anything except publish a game 8 9 subjective belief that New World has become unplayable for certain players like himself is not 10 actionable against Amazon as the game publisher. See id. (alleging that "one player has the and let people play that game, which cannot possibly constitute outrageous conduct. ^p's 11 power to ruin the fun for everyone else” and “force[ ] [players] to play a game they can never 12 win"). The solution to ^ps problem is simple: if ^p does not like how the video game 13 is being run, he should stop playing. 14 ^p's claims related to the New World Official Discord fail for similar reasons. First 15 and foremost, it is simply black-letter law that a social media company is not liable for IIED when 16 it disables a user's account due to a purported violation of the platform's community standards. 17 See King v. Facebook, Inc., 572 F. Supp. 3d 776, 785–86 (N.D. Cal. 2021) (dismissing social 18 media user's IIED claim with prejudice because Facebook's conduct in banning user was not 19 outrageous as a matter of law). Second, ^p's allegations do not rise above the level of “mere 20 insults, indignities, threats, annoyances, petty oppressions, or other trivialities.” Hughes, 46 Cal. 21 4th at 1051 (internal quotation marks omitted). 22 23 According to ^p, when he complained about his Discord suspension to an Amazon customer service representative, the representative told ^p to “leave the server.” Compl. 24 53. Although ^p perceived this comment as “unsympathetic," id. ¶¶ 48, it is a far cry from 25 any statement or conduct California courts have found actionable. See, e.g., Dove, 982 F. Supp. at 26 1425-27 (supervisor's comments that employee's complaints were “all in his head” and that he 27 wished the employee would quit were not sufficiently outrageous or extreme to state an IIED 28 claim); Yurick, 209 Cal. App. 3d at 1124–25, 1129 (supervisor's comments that employee was 12 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 21 of 28 1 senile and a liar in front of coworkers on multiple occasions were not outrageous as a matter of 2 law). In sum, ^p fails to adequately plead any extreme or outrageous conduct for his IIED 3 claims. 4 * * * 5 For the two independent reasons articulated above, the Court should dismiss ^p's 6 IIED claims with prejudice for failure to state a claim. See King, 572 F. Supp. 3d at 786. 7 2. 8 ^p Does Not Plead the Requisite Elements for Gross Negligence Claims. ^p asserts gross negligence claims for his second, fourth, tenth, and eleventh causes 9 of action. See generally Compl. As with his IIED claims, ^p broadly alleges two theories of 10 liability: (1) Amazon designed a game mechanic which permitted other players to harass and bully 11 ^p, see id. ¶¶ 45; and (2) Amazon failed to restore ^p's access to the New World 12 Official Discord, see id. ¶¶ 93. Neither theory supports a viable gross negligence claim for at least 13 two reasons. First, ^p does not plausibly allege that Amazon owed ^p a legal duty of 14 15 care. Second, Amazon's alleged conduct is not extreme. "Gross negligence is pleaded by alleging the traditional elements of negligence: duty, 16 breach, causation, and damages.” Rosencrans v. Dover Images, Ltd., 192 Cal. App. 4th 1072, 17 1082 (2011). A ^p must not only satisfy these elements, but they must also show “extreme 18 conduct on the part of the ^df." Id. 19 20 a. ^p does not plead a cognizable duty. ^p does not plausibly allege that Amazon owed him a legal duty of care. “As a 21 general rule, one owes no duty to control the conduct of another, nor to warn those endangered by 22 such conduct." Davidson, 32 Cal. 3d at 203. Whether a legal duty arises “is a question of law 23 which is simply an expression of the sum total of the policy considerations that lead a court to 24 conclude that a particular ^p is entitled to protection.” Ileto v. Glock Inc., 349 F.3d 1191, 25 1203 (9th Cir. 2003) (quoting Jacoves v. United Merchandising Corp., 9 Cal. App. 4th 88, 114 26 (1992)). In determining whether policy considerations weigh in favor of imposing a duty, courts 27 consider the following factors: 28 13 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729    5 Case ^cc1 Document 18 Filed 04/03/24 @ 22 of 28 the foreseeability of harm to the ^p, the degree of certainty that the ^p suffered injury, the closeness of the connection between the ^df's conduct and the injury suffered, the moral blame attached to the ^df's conduct, the policy of preventing future harm, the extent of the burden to the ^df and consequences to the community of imposing a duty to exercise care with resulting liability for breach, and the availability, cost, and prevalence of insurance for the risk involved. 6 Rowland v. Christian, 69 Cal. 2d 108, 113 (1968). The first three factors address the 7 foreseeability of the relevant injury, while the other four “take into account public policy 8 concerns that might support excluding certain kinds of ^ps or injuries from relief.” 9 Vasilenko v. Grace Fam. Church, 3 Cal. 5th 1077, 1085 (2017) (quoting Kesner v. Superior 10 Court, 1 Cal. 5th 1132, 1145 (2016)). None of these factors justifies imposing a legal duty on 11 Amazon. 12 “[T]he chief element in determining whether [a] ^df owes a duty or an obligation to 13 ^p is the foreseeability of the risk.” Dillon v. Legg, 68 Cal. 2d 728, 740 (1968); see Tarasoff 14 v. Regents of Univ. of Cal., 17 Cal. 3d 425, 434–35 (1976) (“The most important of these 15 considerations in establishing duty is foreseeability.”). To determine duty, a court does not decide 16 if "a particular ^p's injury was reasonably foreseeable in light of a particular ^df's 17 conduct" but rather evaluates more generally if “the category of negligent conduct at issue is 18 sufficiently likely to result in the kind of harm experienced.” Ballard v. Uribe, 41 Cal. 3d 564, 19 572 n.6, 573 (1986). 20 Here, ^p's injury was not reasonably foreseeable in light of Amazon's limited role as 21 the publisher of the video game. Just because Amazon designed the game to scale in difficulty as 22 a player progresses within the game does not mean that Amazon knew or should have known that 23 other players would use this game mechanic to harm ^p. See Compl. 29. Amazon should 24 not be held responsible because other players “ruin[ed] the fun” for ^p. Id. Moreover, the 25 closeness of the connection between Amazon's conduct and ^p's injury is highly attenuated. 26 See Vasilenko, 3 Cal. 5th at 1086 (this factor “accounts for third-party or other intervening 27 conduct"). Amazon cannot possibly police all third parties who play its games, and the other 28 players' intervening conduct severs any connection to ^p's injury. See id. In other words, 14 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 23 of 28 1 third parties caused ^p's injury-not Amazon. Given that the alleged harm was not 2 reasonably foreseeable to Amazon, the Court should decline to find a duty. To hold otherwise 3 "would stretch the concept of foreseeability of harm in determining duty beyond recognition." 4 Burns v. Neiman Marcus Grp., Inc., 173 Cal. App. 4th 479, 489 (2009). Amazon does not owe 5 ^p a legal duty of care to safeguard against gameplay that hurts ^p's feelings. 6 7 b. ^p does not plead extreme conduct. Even if ^p could show that Amazon owed him a duty of care, Amazon's alleged 8 conduct is not “extreme,” as required for a gross negligence claim. See Rosencrans, 192 Cal. 9 App. 4th at 1082. To support a theory of gross negligence, a ^p must allege facts showing 10 "either a want of even scant care or an extreme departure from the ordinary standard of conduct.” 11 Anderson v. Fitness Int'l, LLC, 4 Cal. App. 5th 867, 881 (2016) (cleaned up) (quoting City of 12 Santa Barbara v. Superior Court, 41 Cal. 4th 747, 754 (2007)). “[C]ourts have held that conduct 13 that substantially or unreasonably increased the inherent risk of an activity or actively concealed a 14 known risk could amount to gross negligence[.]” Id. “Evidence of conduct that evinces an 15 extreme departure from . . . an industry standard also could demonstrate gross negligence.” Id. 16 Conversely, “mere nonfeasance, such as the failure to discover a dangerous condition or to 17 perform a duty,” typically does not rise to the level of gross negligence. Id. (cleaned up) (quoting 18 Frittelli, Inc. v. 350 N. Canon Drive, LP, 202 Cal. App. 4th 35, 48 (2011)). 19 ^p offers no facts to show that either Amazon's design of the New World game or its 20 alleged failure to provide helpful customer service constituted gross negligence. ^p's gross 21 negligence claims arising from Amazon's game design fail because he does not plausibly allege 22 how increasing the difficulty of New World as a player progresses is linked in any way to the 23 cyberbullying inherent in online video game interactions. ^p also does not allege facts 24 demonstrating that Amazon's inclusion of the game mechanic constituted an extreme departure 25 from gaming standards or that Amazon actively concealed a known dangerous condition. 26 ^p's claims arising from Amazon's unhelpful customer service similarly fail because he 27 does not allege facts demonstrating a want of even scant care or an extreme departure from the 28 ordinary standard of conduct. At most, ^p's allegations suggest that Amazon's customer 15 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 24 of 28 1 service representatives “neglected to escalate or provide support" for ^p's issues. See 2 Compl. 93. These allegations of poor customer service are plainly insufficient to support a gross 3 negligence claim. 4 * * * 5 For the two independent reasons articulated above, the Court should dismiss ^p's 6 gross negligence claims with prejudice. See Jones v. Wells Fargo Bank, 112 Cal. App. 4th 1527, 7 1541-42 (2003) (affirming dismissal of gross negligence claim, among other claims, without leave 8 to amend). 9 3. 10 11 ^ps "Aggravated Harassment” and “Aggravated Stalking” Claims Are Not Cognizable Causes of Actions. ^p's eighth and ninth causes of action are for “aggravated harassment” and 12 "aggravated stalking,” respectively. “Aggravated harassment” and “aggravated stalking” do not 13 appear to be recognized causes of action under California law. For this reason alone, the Court 14 should dismiss for failure to state a claim. Construing ^p's claims broadly as he is a pro se 15 litigant, Amazon will also address the closest approximate torts recognized in California civil 16 harassment and stalking—which even if so generously construed, fail for the reasons stated below. 17 "Harassment” is “unlawful violence, a credible threat of violence, or a knowing and willful 18 course of conduct directed at a specific person that seriously alarms, annoys, or harasses the 19 person, and that serves no legitimate purpose.” Cal. Civ. Proc. Code § 527.6(b)(3). “The course 20 of conduct must be such as would cause a reasonable person to suffer substantial e~mal 21 distress.. . .” Id. Stalking requires “a pattern of conduct the intent of which was to follow, alarm, 22 place under surveillance, or harass the ^p.” Cal. Civ. Code § 1708.7(a)(1). “In order to 23 establish this element, the ^p shall be required to support his or her allegations with 24 independent corroborating evidence.” Id. 25 Here, ^p fails to allege sufficient facts to support either claim. The gravamen of both 26 claims is that ^p accuses third-party players on New World of stalking and harassing 27 ^p's character in the video game. Setting aside that these interactions take place entirely 28 online, Amazon's involvement is limited to the allegation that Amazon employees created and 16 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 25 of 28 1 developed the platform by which third parties harassed or stalked ^p. See Compl. ¶¶ 76, 83. 2 Amazon can locate no case supporting the proposition that a player in a video game can sue a 3 video game publisher for the actions of players of the video game, nor would it expect to find one 4 given the extremely attenuated nature of the legal theory being presented. 5 Amazon itself has not engaged in any conduct that bears any resemblance to harassment or 6 stalking as defined above, therefore the claims should be dismissed. 7 4. ^p Does Not Plead a Cognizable UCL Claim. 8 ^p also asserts a claim for unlawful, unfair, and fraudulent business practices under 9 California's Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200, et seq. This 10 cause of action alleges a “departure from quality customer care” that Amazon normally provides. 11 See Compl. 39. Specifically, ^p alleges that Amazon's various failures to meet his 12 expectations for the customer service he received in connection with New World and the New 13 World Official Discord rise to the level of a UCL claim. See id. 36-44. 14 Under the UCL, there are three varieties of unfair competition: acts or practices which are 15 (1) unlawful, (2) unfair, or (3) fraudulent. See Herron v. Best Buy Co. Inc., 924 F. Supp. 2d 1161, 16 1168 (E.D. Cal. 2013). Each prong is a separate and distinct theory of liability. See Lozano 17 v. AT&T Wireless Servs., Inc., 504 F.3d 718, 731 (9th Cir. 2007). A ^p alleging unfair 18 business practices "must state with reasonable particularity the facts supporting the statutory 19 elements of the violation.” Khoury v. Maly's of Cal., Inc., 14 Cal. App. 4th 612, 619 (1993). 20 ^p fails to identify under which prong of the UCL he is asserting a claim, which provides an 21 independent bar for dismissal. 22 Even if ^p had articulated under which prong of the UCL he is asserting his claim, 23 the claims fails as none of the requirements for the three prongs have been satisfied here. First, 24 the "unlawful" prong prohibits business practices “forbidden by law, be it civil or criminal, 25 federal, state, or municipal, statutory, regulatory, or court-made.” Saunders v. Superior Court, 27 26 Cal. App. 4th 832, 838–39 (1994). The UCL “thus creates an independent action when a business 27 practice violates some other law.” Flores v. EMC Mortg. Co., 997 F. Supp. 2d 1088, 1118 (E.D. 28 Cal. 2014) (citing Walker v. Countrywide Home Loans, Inc., 98 Cal. App. 4th 1158, 1170 (2002)). 17 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 26 of 28 1 "According to the California Supreme Court, the UCL ‘borrows' violations of other laws and 2 treats them as unlawful practices independently actionable under the UCL.” Id. (quoting Farmers 3 Ins. Exch. v. Superior Court, 2 Cal. 4th 377, 383 (1992)). Where a ^p cannot state a claim 4 under the "borrowed” law, he cannot state a UCL claim either. See id. (dismissing UCL claim 5 where ^p failed to allege a predicate violation of law). Here, ^p fails to plead a 6 violation of any other law-let alone mention any other law—and so his cause of action under the 7 "unlawful" prong of the UCL fails. See Compl. 36-44. 8 Second, the “unfair” prong prohibits “conduct that threatens an incipient violation of an 9 antitrust law, or violates the policy or spirit of one of those laws because its effects are comparable 10 to or the same as a violation of the law, or otherwise significantly threatens or harms 11 competition.” Cel-Tech Commc’ns, Inc. v. L.A. Cellular Tel. Co., 20 Cal. 4th 163, 187 (1999). A 12 business practice is unfair when it “offends an established public policy or when the practice is 13 immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers.” Podolsky 14 15 v. First Healthcare Corp., 50 Cal. App. 4th 632, 647 (1996) (cleaned up) (citation omitted). ^p does not plausibly allege that Amazon engaged in any conduct that violates 16 established public policy, or is otherwise immoral, unethical, oppressive, unscrupulous, or 17 substantially injurious to customers. See Cel-Tech Commc’ns, Inc., 20 Cal. 4th at 187. Failing to 18 provide adequate customer service is, as a matter of law, not an unfair business practice. See, e.g., 19 Meyer v. Aabaco Small Bus., LLC, No. 5:17-cv-02102-EJD, 2018 WL 306688, at *5 (N.D. Cal. 20 Jan. 5, 2018) (finding that ^ps' allegations that their interactions with ^dfs' customer 21 service agents “may have been inconvenient, frustrating and time consuming” were “insufficient” 22 to support a UCL claim under the "unfair” prong); McKinney v. Google, Inc., No. 5:10-CV-01177 23 EJD (PSG), 2011 WL 3862120, at *7 (N.D. Cal. Aug. 30, 2011) (^ps allegations that 24 customer service was inadequate were insufficient to support a claim under the “unfair” prong). 25 Third, to state a claim under the UCL's “fraudulent” prong, a ^p needs to show that 26 members of the public are likely to be deceived. See, e.g., Shaeffer v. Califia Farms, LLC, 44 Cal. 27 App. 5th 1125, 1135 (2020) (affirming dismissal where juice label was not likely to deceive 28 reasonable consumer and, thus, was not actionable under the UCL). “By focusing on whether 18 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18 Filed 04/03/24 @ 27 of 28 1 'members of the public' are likely to be deceived, the Unfair Competition Law views the 2 challenged ad or pro~mal practice through the eyes of the ‘reasonable consumer’—that is, the 3 'ordinary consumer acting reasonably under the circumstances[.]” Id. (citation omitted); see 4 Clemens v. DaimlerChrysler Corp., 534 F.3d 1017, 1025 (9th Cir. 2008) (applying the 5 "reasonable consumer” standard). ^p does not allege that Amazon has made a single false or 6 misleading statement, or has otherwise deceived or confused the reasonable person. ^p's 7 Complaint includes no statements made by Amazon—let alone false or misleading statements— 8 and he does not allege that Amazon has engaged in conduct which has deceived or confused 9 customers. Accordingly, ^p's claims fails under the “fraudulent” prong as well. 10 Because ^p cannot satisfy any of the three prongs, his UCL claim fails and must be 11 dismissed. 12 * * * 13 ^p pleads no viable claims among his eleven causes of actions. Accordingly, the 14 Court should dismiss the Complaint in its entirety for failure to state a claim. 15 16 V. CONCLUSION For the foregoing reasons, Amazon respectfully requests that the Court dismiss ^p's 17 Complaint without leave to amend. 18 19 DATED: April 3, 2024 20   DAVIS WRIGHT TREMAINE LLP By: /s/ Mark C. Burnside Mark C. Burnside Attorneys for ^df AMAZON.COM, INC 19 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  1 2 Case ^cc1 Document 18 Filed 04/03/24 @ 28 of 28 PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 3 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566. 4 On April 3, 2024, I served the attached document(s) described as: 5 ^df ^am'S NOTICE OF ~m AND ~m TO DISMISS ^p'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES by placing a true copy of said document(s) enclosed in a sealed envelope(s) for each addressee named below, with the name and address of the person served shown on the envelope as follows:   ^a P.O. Box 278004 11 Sacramento, CA 95827 12 Telephone: (916) 365-5434 ^e I placed such envelope(s) with postage thereon fully prepaid for deposit in the United 13 States Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service. I am familiar 14 with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service, which practice is that when 15 correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for 16 delivering correspondence to the ~2 Postal Service, such correspondence is delivered to the ~2 Postal Service that same day in the ordinary course of business. Executed on April 3, 2024, at Los Angeles, California. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. 17 18 Federal 19 20 21 Shari Sanders Print Name 22 23   Shan Sarders Signature 20 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 18-1 Filed 04/03/24 @ 1 of 3 1 GEOFFREY S. BROUNELL (pro hac vice pending) geoffreybrounell@dwt.com 2 DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas, 21st Floor 3 New York, New York 10020-1104 Telephone: (212) 489-8230 4 Fax: (213) 489-8340 5 MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 6 ANNIE S. ZHANG (State Bar No. 327381) ^e1 7 DAVIS WRIGHT TREMAINE LLP 8 865 South Figueroa Street, 24th Floor Los Angeles, California 90017-2566 Telephone: (213) 633-6800 9 Fax: (213) 633-6899 10 Attorneys for ^df 11 ^am 12 13 ^c6 14 15 ^a, Case No. ^cc1 16 ^p, 17 V. 18 [PROPOSED] ORDER GRANTING ^df ^am’S ~m TO DISMISS ^p'S COMPLAINT ^am, and DOES 1-50 19 ^dfs. 20   [PROPOSED] ORDER GRANTING ~m TO DISMISS ^a2  1 2 Case ^cc1 Document 18-1 Filed 04/03/24 @ 2 of 3 [PROPOSED] ORDER The Court has considered ^df ^am's ~m to Dismiss ^p's 3 Complaint ("~m to Dismiss”), as well as any responses and replies therefore, and heard oral 4 argument on the ~m to Dismiss on Having considered the ~m to Dismiss, the 5 parties' argument, the evidence in the record, and good cause appearing. 6 ~o that: 7 8 9 1. ^df ^am's ~m to Dismiss is GRANTED, and this action is hereby DISMISSED WITH PREJUDICE. 10 11 DATED: 12 HONORABLE ^n1 13 ~2 District Judge 14     1 [PROPOSED] ORDER GRANTING ~m TO DISMISS ^a2  1 Case ^cc1 Document 18-1 Filed 04/03/24 @ 3 of 3 PROOF OF SERVICE 2 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 3 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566. 4 On April 3, 2024, I served the attached document(s) described as: 6 7 5 [PROPOSED] ORDER GRANTING ^df ^am’S ~m ΤΟ DISMISS ^p'S COMPLAINT by placing a true copy of said document(s) enclosed in a sealed envelope(s) for each addressee named below, with the name and address of the person served shown on the envelope as follows: 8 9 ^a P.O. Box 278004 Telephone: (916) 365-5434 ^e 10 Sacramento, CA 95827   I placed such envelope(s) with postage thereon fully prepaid for deposit in the ~2 Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service."
   },
   {
     "id": 6,
     "text": "I I am familiar with the office practice of Davis Wright Tremaine LLP, for collecting and processing 14 correspondence for mailing with the ~2 Postal Service, which practice is that when correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for delivering correspondence to the ~2 Postal Service, such correspondence is delivered to 15 the ~2 Postal Service that same day in the ordinary course of business. 16 17 Federal 18 Executed on April 3, 2024, at Los Angeles, California. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. 19 20 Shari Sanders 21 Print Name /s/ Shari Sanders Signature 22 23   2 [PROPOSED] ORDER GRANTING ~m TO DISMISS ^a2  ...ocket text for document 18: ~m to DISMISS by ^am. ~m Hearing set for 5/23/2024 at 02:00 PM in Courtroom 2 (TLN) before District Judge ^n1. (Attachments: # (1) Proposed Order) (Burnside, Mark)  Case ^cc1 Document 19 Filed 04/03/24 @ 1 of 13 1 GEOFFREY S. BROUNELL (pro hac vice pending) geoffreybrounell@dwt.com 2 DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas, 21st Floor 3 New York, New York 10020-1104 Telephone: (212) 489-8230 4 Fax: (213) 489-8340 5 MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 6 ANNIE S. ZHANG (State Bar No. 327381) ^e1 7 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor 8 Los Angeles, California 90017-2566 Telephone: (213) 633-6800 9 Fax: (213) 633-6899 10 Attorneys for ^df ^am   14 15 ^c6 16 ^a, 17 ^p, 18 V. 19 ^am, and DOES 1-50 20 ^dfs.   Case No. ^cc1 ^df ^am’S OPPOSITION TO ~m FOR ~3 Assigned to the Hon. ^n1 Referred to the Hon. Deborah Barnes Date: Time: May 3, 2024 10:00 a.m. AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729 ^a2  Case ^cc1 Document 19 Filed 04/03/24 @ 2 of 13 ~toc   I. INTRODUCTION @ 1 4 II. FACTUAL AND PROCEDURAL BACKGROUND 2 5 III. ARGUMENT 3 6 A. ^p Cannot Demonstrate a Reasonable Likelihood of Success on the Merits-Let Alone That the Law and Facts “Clearly Favor” His Position......... 3 7 B. ^p Cannot Demonstrate Any Irreparable Harm. 4 8 C. The Balance of Harms Weighs Against an Injunction. 5 9 D. The Public Interest Would Not Be Served by an Injunction. 6 10 Ε. 11 If the Court Is Inclined to Issue a ~3, ^p Should Be Required to Post a Bond. 7 12 IV. CONCLUSION 8 13 14     i AMAZON'S OPPOSITION TO ~m FOR ~3 ~h v. ^am, et al., Case No. 24-cv-00729 ^a2  Case ^cc1 Document 19 Filed 04/03/24 @ 3 of 13 TABLE OF AUTHORITIES 2 Cases 3 Ass'n des Eleveurs de Canards et d'Oies du Quebec v. Harris, 4 729 F.3d 937 (9th Cir. 2013). 5 Bellflower Unified Sch. Dist. v. Jimenez, @(s) 3 No. CV 20-2372-DMG, 2020 WL 3108703 (C.D. Cal. Apr. 15, 2020) 4 6 Bernhardt v. Los Angeles Cty., 7 339 F.3d 920 (9th Cir. 2003). 6 8 Caribbean Marine Servs. Co. v. Baldrige, 844 F.2d 668 (9th Cir. 1988). 6 9 10 Doe v. Fed. Dist. Court, 467 F. App'x 725 (9th Cir. 2012). 3 11 Facebook, Inc. v. BrandTotal Ltd., 12 499 F. Supp. 3d 720 (N.D. Cal. 2020). 6 13 Flexible Lifeline Sys., Inc. v. Precision Lift, Inc., 654 F.3d 989 (9th Cir. 2011). 4 14 15 Garcia v. Google, Inc., 786 F.3d 733 (9th Cir. 2015). 3,4 16 17 Hoechst Diafoil Co. v. Nan Ya Plastics Corp., 174 F.3d 411 (4th Cir. 1999). 7 18 Macnab v. Gahderi, No. CV 09-04498-DDP-RZx, 2009 WL 10671026 (C.D. Cal. July 28, 2009). ...... 4,5 19 Nintendo of Am., Inc. v. Lewis Galoob Toys, Inc., 20 16 F.3d 1032 (9th Cir. 1994). 7 21 Rent-A-Ctr., Inc. v. Canyon Television & Appliance Rental, Inc., 22 944 F.2d 597 (9th Cir. 1991). 4 23 Simula, Inc. v. Autoliv, Inc., 175 F.3d 716 (9th Cir. 1999). 4 24 Stackla, Inc. v. Facebook Inc., 25 2019 WL 4738288 (N.D. Cal. 2019). 6,7 26 Warner Bros. Int'l Television Distribution v. Golden Channels & Co., 27 No. CV 02-09326-MMM, 2003 WL 27384425 (C.D. Cal. Mar. 31, 2003). 5 28 ii AMAZON'S OPPOSITION TO ~m FOR ~3 ~h v. ^am, et al., Case No. 24-cv-00729 ^a2  Case ^cc1 Document 19 Filed 04/03/24 @ 4 of 13 Weinberger v. Romero-Barcelo, 456 U.S. 305 (1982) 6 2 Williams v. Green Valley RV, Inc., 3 No. 8:15-CV-01010-ODW-MRW, 2015 WL 4694075 (C.D. Cal. Aug. 6, 2015).............. 4 4 Winter v. Nat. Res. Def. Council, Inc., 5 555 U.S. 7 (2008) 3,5 6 Statutes 7 47 U.S.C. § 230 1,4 8 California Business & Professions Code § 17200, et seq. (Unfair Competition Law)............. 3 9 Rules 10 Federal Rule of Civil Procedure 11 12(b)(6). 65(c). 12 Local Rule 231(d)(2) 1 7,8 8 13 Constitutional Provisions 14 U.S. Constitution, amend. I 1,4     iii AMAZON'S OPPOSITION TO ~m FOR ~3 ~h v. ^am, et al., Case No. 24-cv-00729 ^a2    Case ^cc1 Document 19 Filed 04/03/24 @ 5 of 13 OPPOSITION TO ~m FOR ~3 I. INTRODUCTION ^p plays an online video game called New World, which is published by Amazon 4 Games. In this lawsuit, ^p complains about the game's difficulty scaling and the resultant 5 conduct of other players in the game toward him. ^p also protests—separately—about being 6 banned from the associated Discord server for the game. The claims are entirely without merit 7 and should be summarily dismissed for the reasons set forth in Amazon's concurrently filed 8 ~m to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Amazon is 9 filing this opposition, however, separately to address ^p's ~m for ~3, 10 filed on March 20, 2024 (the “~m”). The allegations in the ~m are as scattered as the 11 allegations in the Complaint, but ^p appears to be seeking injunctive relief solely to lift the 12 ban on the New World Discord account under the name “^d.” Id. at 3. 13 It is unclear if ^p grasps how extraordinary his request is. He is asking the Court to 14 interrupt the agreed-upon contract between a private company and a customer, override the 15 application of the Discord Terms of Service required for the use of his Discord, and effectively 16 grant ^p indefinite immunity from any and all future violations on Discord. If that were not 17 enough-and it is—^ps request fails because he cannot establish the basic elements 18 required for preliminary injunctive relief. 19 First, ^p does not come close to demonstrating a likelihood of success on the merits. 20 ^p's claim does not cite to any evidence explaining why his ban from Discord was 21 unjustified. Instead, he reiterates allegations in his Complaint, namely, that he suffered medical 22 injuries as a result of ^am (“Amazon”)’s alleged behavior. ^p has articulated 23 no basis for the Court to grant this type of extraordinary relief because, as explained in Amazon's 24 ~m to dismiss, his claims fail for three entirely separate reasons: they are foreclosed by 25 Section 230 of the Communications Decency Act, they are barred under the First Amendment of 26 the ~2 constitution, and, finally, they fail to state a claim upon which relief may be 27 granted. 28 1 AMAZON'S OPPOSITION TO ~m FOR ~3 ~h v. ^am, et al., Case No. 24-cv-00729 ^a2  1 Case ^cc1 Document 19 Filed 04/03/24 @ 6 of 13 Second, ^p fails to establish any irreparable harm. As a threshold matter, his 2 allegations related to ongoing medical issues stemming from the Discord ban are entirely 3 unsubstantiated. Additionally, ^ps alleged medical issues entirely stem from his perceived 4 negative experiences on Discord. Therefore, under his own theory, lifting the Discord ban would 5 only serve to exacerbate his alleged problems. Furthermore, ^p fails to explain why the 6 Court cannot compensate ^p via monetary damages in the highly unlikely event that ^p 7 succeeded on the merits of his claims. 8 Third, the balance of equities strongly weighs against an injunction. Courts routinely hold 9 that the balance of equities would not be served by permitting access to social media platforms in 10 the context of a ~m for ~3. ^p has articulated no basis for the Court 11 to conclude any of his alleged injuries could not be compensated in the event the highly unlikely 12 event that ^p succeeded on the merits of his claims and the ~m for preliminary injunctive 13 is denied. 14 Fourth, the injunction would not be in the public interest. By contrast, the public has an 15 interest in allowing social media platforms to exclude those who act impermissibly on their 16 platforms. ^p has articulate no basis for the Court to conclude the public interest would be 17 served by the granting of the ~m. 18 Accordingly, and as further set forth infra, Amazon requests that the Court deny ^p's 19 ~m for preliminary injunctive relief. 20 21 II. FACTUAL AND PROCEDURAL BACKGROUND For a fuller articulation of the factual and procedural history related to the filing of 22 ^p's Complaint, please see Section II of Amazon's concurrently filed ~m to dismiss, 23 which Amazon incorporates herein by reference. 24 On March 20, 2024, ^p filed the ~m. ECF 15. The ~m presents facts related 25 to the suspension of ^p's New World Discord account under the name “^d” on or around 26 November 8, 2023, arguing this suspension caused him to experience “the greatest and most 27 profound stress." Id. at 6. He claims he called Amazon's retails customer support line, who only 28 compounded the issue. Id. at 7. ^p admits he is not currently banned from New World, see 2 AMAZON'S OPPOSITION TO ~m FOR ~3 ~h v. ^am, et al., Case No. 24-cv-00729 ^a2  Case ^cc1 Document 19 Filed 04/03/24 @ 7 of 13 id., and appears to request that the Court order Amazon to lift the ban of the “^d” account. Id. 2 at 3. In support of his position, ^p articulates few facts and reiterates he has experienced 3 medical difficulties in the last year, claiming they were caused by Amazon's actions related to his 4 New World and Discord accounts. See generally id. 5 6 III. ARGUMENT ^p cannot prevail because he fails to establish the required elements for a preliminary 7 injunction. “A ~3 is an extraordinary remedy never awarded as of right." 8 Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008). A ^p seeking such an 9 extraordinary remedy must establish all four of the following elements: (1) he is likely to succeed 10 on the merits of his underlying case; (2) he is likely to suffer irreparable harm in the absence of 11 preliminary relief; (3) the balance of equities tips in his favor; and (4) an injunction is in the public 12 interest. Garcia v. Google, Inc., 786 F.3d 733, 740 (9th Cir. 2015). 13 As established below, ^p cannot establish any of these required elements and 14 certainly not all of them. 15 Α. 16 17 ^p Cannot Demonstrate a Reasonable Likelihood of Success on the Merits-Let Alone That the Law and Facts “Clearly Favor” His Position. Of the four elements that a party must prove to obtain a ~3, the “most 18 important” is the threshold requirement of likelihood of success on the merits. Garcia, 786 F.3d 19 at 740. Because it is a threshold inquiry, when “a ^p has failed to show the likelihood of 20 success on the merits, [the Court] ‘need not consider the remaining three [Winter elements]." 21 Ass'n des Eleveurs de Canards et d'Oies du Quebec v. Harris, 729 F.3d 937, 944 (9th Cir. 2013) 22 (citation omitted). Under black-letter law, if a complaint if found to be “insufficient to survive a 23 ~m to dismiss for failure to state a claim, [the ^p can] not show a strong likelihood of 24 success on the merits.” Doe v. Fed. Dist. Court, 467 F. App’x 725, 728 (9th Cir. 2012). Here, 25 ^p cannot establish that he is likely to succeed on any of his four claims: intentional 26 infliction of e~mal distress, “aggravated harassment,” “aggravated stalking,” gross negligence, 27 28 or violations of the Unfair Competition Law or that the law and facts clearly favor his position. 3 AMAZON'S OPPOSITION TO ~m FOR ~3 ~h v. ^am, et al., Case No. 24-cv-00729 ^a2  Case ^cc1 Document 19 Filed 04/03/24 @ 8 of 13 For the reasons articulated more fully in Amazon's ~m to dismiss, ^p's claims 2 are barred under Section 230 and the First Amendment. See Sections IV.A-B of Amazon ~m 3 to Dismiss. In addition, ^p fails to state a claim upon which relief may be granted on any 4 cause of action. See Section IV.C of Amazon's ~m to Dismiss. 5 For the reasons stated in Amazon's ~m to dismiss, ^p has not met the threshold 6 requirement of likelihood of success on the merits. Garcia, 786 F.3d at 740 7 Β. 8 ^p Cannot Demonstrate Any Irreparable Harm. The Ninth Circuit has made clear that to obtain preliminary injunctive relief, a ^p 9 must demonstrate a “significant threat of irreparable injury” in the absence of such relief. Simula, 10 Inc. v. Autoliv, Inc., 175 F.3d 716, 725 (9th Cir. 1999). A ^p cannot satisfy this element with 11 unsupported assertions; and the court may not presume irreparable harm, even upon a finding of 12 likelihood of success on the merits. See Flexible Lifeline Sys., Inc. v. Precision Lift, Inc., 654 F.3d 13 989, 998 (9th Cir. 2011) (holding that “presuming irreparable harm in a copyright infringement 14 case" was “impermissible"); see also Williams v. Green Valley RV, Inc., No. 8:15-CV-01010- 15 ODW-MRW, 2015 WL 4694075, at *2 (C.D. Cal. Aug. 6, 2015) (“A moving party cannot merely 16 produce evidence of ‘unsupported and conclusory statements regarding harm 17 [^p] might suffer.”) (citation omitted). 18 Additionally, to “demonstrate irreparable harm, the moving party must show that 19 'remedies available at law, such as monetary damages, are inadequate to compensate for' the 20 alleged injury.” Bellflower Unified Sch. Dist. v. Jimenez, No. CV 20-2372-DMG (KSx), 2020 WL 21 3108703, at *2 (C.D. Cal. Apr. 15, 2020) (citation omitted); see also Rent-A-Ctr., Inc. v. Canyon 22 Television & Appliance Rental, Inc., 944 F.2d 597, 603 (9th Cir. 1991) (“[E]conomic injury alone 23 does not support a finding of irreparable harm, because such injury can be remedied by a damage 24 award."). Accordingly, courts have repeatedly denied requests to preliminarily enjoin allegedly 25 wrongful activity where the moving party could be adequately compensated with monetary 26 damages in the event that it eventually succeeded at trial. See, e.g., Macnab v. Gahderi, No. CV 27 09-04498-DDP-RZx, 2009 WL 10671026, at *6 (C.D. Cal. July 28, 2009) (denying ~m for 28 ~3 where ^p failed to establish “monetary damages will be insufficient to 4 AMAZON'S OPPOSITION TO ~m FOR ~3 ~h v. ^am, et al., Case No. 24-cv-00729 ^a2  Case ^cc1 Document 19 Filed 04/03/24 @ 9 of 13 1 compensate [her] for any infringement,” noting that ^ps claims for “loss of good will or 2 reputational damage” were “too speculative at this stage”); Warner Bros. Int'l Television 3 Distribution v. Golden Channels & Co., No. CV 02-09326-MMM (SHSx), 2003 WL 27384425, at 4 *24-27 (C.D. Cal. Mar. 31, 2003) (denying request for injunction directing ^df to cease 5 broadcasting certain TV programs after alleged breach of licensing agreement-finding the 6 ^p had not shown the TV programs were “so unique that money damages are insufficient" to 7 compensate for the alleged breach). 8 Here, ^p cannot establish a single threat of irreparable harm. ^p claims he was 9 "targeted and stalked and directly harassed” while his account was active on Discord. ~m at 10 6. Yet the ~m asks the Court to lift his suspension on Discord. See id. at 9. Under ^p's 11 theory of the case, there can be no injury here as removing his access to Discord would prevent 12 him from becoming “targeted and stalked and directly harassed”; therefore, necessarily, there is no 13 14 risk of irreparable harm. Id. at 6. And even in the highly unlikely event that ^p succeeds on the merits, monetary 15 damages would be easily sufficient to compensate his alleged harm. Even if it were proven true 16 that Amazon's conduct in this case (somehow) caused ^p's medical injuries, the proper 17 remedy for such harm would be monetary damages for the value of his medical bills. 18 Accordingly, the second factor weighs against the issuance of an injunction in this case. 19 C. The Balance of Harms Weighs Against an Injunction. 20 "In assessing the balance of equities, the court must assess the likely hardship to both the 21 ^p and the ^dfs if the court were to deny the injunction on the one hand or grant the 22 injunction on the other.” Macnab, 2009 WL 10671026, at *7 (citing Winter, 555 U.S. at 26-28). 23 As established supra, ^p's ~m borders on the absurd. ^p claims while he 24 was on Discord, he was “targeted and stalked and directly harassed,” but the ~m asks the 25 Court to permit him back onto the very same platform which led to his ongoing stress. See Comp. 26 at 6, 9. If ^p is upset with his time on Discord, he should stop using it, not sue Amazon 27 under dubious legal theories in order to protect him from negative experiences on the platform. 28 5 AMAZON'S OPPOSITION TO ~m FOR ~3 ~h v. ^am, et al., Case No. 24-cv-00729 ^a2  1 2 Case ^cc1 Document 19 Filed 04/03/24 @ 10 of 13 Furthermore, to the extent his claim can be simplified further to a request to restore his access to a social media platform, courts have uniformly held such requests are improper under a 3 ~m for ~3 or ~m for temporary restraining order. See, e.g., Facebook, 4 Inc. v. BrandTotal Ltd., 499 F. Supp. 3d 720, 748 (N.D. Cal. 2020) (denying ~m for 5 ~3 brought by business against Facebook to restore its access to the platform); 6 Stackla, Inc. v. Facebook Inc., 2019 WL 4738288, at *7 (N.D. Cal. 2019). The bottom line here is that if ^p's access to Discord exacerbated the medical issues 7 8 described in the Complaint, as ^p alleges, denying the ~m would decrease ^p's 9 burdens. On the other hand, if the ~m was granted, Amazon would be significantly hampered 10 by its ability to fairly and effectively enforce the Terms of Service on Discord. If ^p is 11 successful in this ~m, Discord users like him would be able to violate the Discord Terms of 12 Service indiscriminately, knowing full well they could sue Discord and request that the Court, 13 without any facts relating to their claim, reverse their Discord ban. This result is plainly 14 untenable. 15 ^p has not engaged in any balancing of the harms which would favor the granting of 16 the ~m. Accordingly, the third factor does not support the issuance of an injunction in this 17 case. See Caribbean Marine Servs. Co. v. Baldrige, 844 F.2d 668, 678 (9th Cir. 1988). 18 D. The Public Interest Would Not Be Served by an Injunction. 19 Lastly, the Court must “consider the public interest as a factor in balancing the hardships 20 when the public interest may be affected.” Caribbean Marine Servs. Co., 844 F.2d at 674. This 21 inquiry "addresses impact on non-parties rather than parties,” and “embodies the Supreme 22 Court's direction that ‘in exercising their sound discretion, courts of equity should pay particular 23 regard for the public consequences in employing the extraordinary remedy of injunction.” 24 Bernhardt v. Los Angeles Cty., 339 F.3d 920, 931–32 (9th Cir. 2003) (quoting Weinberger v. 25 Romero-Barcelo, 456 U.S. 305, 312 (1982)). 26 ^p fails to show how the “public interest” would be served by granting of the 27 ~m. See generally ~m. On the other hand, the public has an interest in allowing Discord 28 and other social media platforms like it to “exclude those who act impermissibly on its platform.” 6 AMAZON'S OPPOSITION TO ~m FOR ~3 ~h v. ^am, et al., Case No. 24-cv-00729 ^a2  Case ^cc1 Document 19 Filed 04/03/24 @ 11 of 13 1 Stackla, Inc., 2019 WL 4738288, at *5. The public also has an “interest in allowing [social media 2 platforms] latitude to enforce rules preventing abuse of its platform." Id. Granting this ~m 3 would immediately frustrate this purpose, as a user on social media platform could act in flagrant 4 violation of the terms of service, even to the point of harassment of other users, then request that 5 the Court restore immediate access to their account through judicial intervention. 6 As explained prior, such a result is plainly untenable and would only serve to hinder the 7 public's interest in granting social media platform latitude to prevent abuse on its platform. 8 Accordingly, the ~m should be denied as the fourth factor weighs against an injunction. 9 Ε. 10 11 If the Court Is Inclined to Issue a ~3, ^p Should Be Required to Post a Bond. While Amazon vehemently asserts that no ~3 should issue in this case, 12 in the event that the Court disagrees, ^df requests that ^p be required to post a bond. 13 Under Federal Rule of Civil Procedure 65(c), a court may only issue a ~3 “if 14 the movant gives security in an amount that the court considers proper to pay the costs and 15 damages sustained by any party found to have been wrongfully enjoined or restrained.” See also 16 Nintendo of Am., Inc. v. Lewis Galoob Toys, Inc., 16 F.3d 1032, 1036-37 (9th Cir. 1994) (noting 17 the presumption that a wrongfully enjoined party “is entitled to have the bond executed and 18 recover provable damages up to the amount of the bond”). A court's failure to require such a 19 bond is reversible error. See Hoechst Diafoil Co. v. Nan Ya Plastics Corp., 174 F.3d 411, 421 (4th 20 Cir. 1999). 21 While it is unclear at present the scope and extent of the monetary harm Amazon will 22 suffer if the injunction is issued given the unclear nature of ^ps allegations, in the event the 23 Court is inclined to issue a ~3, Amazon would request the Court request 24 additional briefing relating to the issue of the bond requirement. At present, Amazon cannot 25 assess the harm it would suffer if the ~m for ~3 is granted because the 26 proposed injunction is ill-defined, indefinite, and sweeping in scope, so any attempt to calculate 27 these damages would be futile. 28 7 AMAZON'S OPPOSITION TO ~m FOR ~3 ~h v. ^am, et al., Case No. 24-cv-00729 ^a2  Case ^cc1 Document 19 Filed 04/03/24 @ 12 of 13 What is clear is that if the ~m is granted, Amazon's harm would be greater than zero 1 2 dollars. ^p has posted no bond, claiming it is “unnecessary” in this case. ~m at 15. 3 Amazon and the Local Rules take issue with this position. Local Rule 231(d)(2), which tracks the 4 requirement in Federal Rule of Civil Procedure 65(c), requires the posting of a bond in 5 conjunction with a ~m for ~3. ^p cannot, without even attempting to 6 support his position, claim this requirement is “unnecessary." ~m at 15. 7 Accordingly, Amazon respectfully requests that the Court allow Amazon the opportunity 8 to assert evidence on the amount of harm Amazon would incur in the extremely unlikely event the 9 Court concludes a ~3 is warranted on these facts. CONCLUSION 10 IV. 11 For the foregoing reasons, ^dfs respectfully request that the Court deny ^p's 12 ~m for a temporary restraining order. 13 14 DATED: April 3, 2024     DAVIS WRIGHT TREMAINE LLP By: /s/ Mark C. Burnside Mark C. Burnside Attorneys for ^df ^am 8 AMAZON'S OPPOSITION TO ~m FOR ~3 ~h v. ^am, et al., Case No. 24-cv-00729 ^a2  1 2 Case ^cc1 Document 19 Filed 04/03/24 @ 13 of 13 PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 3 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566. 4 On April 3, 2024, I served the attached document(s) described as: 5 ^df ^am’S OPPOSITION TO ~m FOR ~3 6 by placing a true copy of said document(s) enclosed in a sealed envelope(s) for each 7 addressee named below, with the name and address of the person served shown on the envelope as follows: 8 9 ^a P.O. Box 278004 10 Sacramento, CA 95827 11 Telephone: (916) 365-5434 ^e I placed such envelope(s) with postage thereon fully prepaid for deposit in the United 12 States Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service. I am familiar 13 with the office practice of Davis Wright Tremaine LLP, for collecting and processing 14 correspondence for mailing with the ~2 Postal Service, which practice is that when correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for delivering correspondence to the ~2 Postal Service, such correspondence is delivered to 15 the ~2 Postal Service that same day in the ordinary course of business. Executed on April 3, 2024, at Los Angeles, California. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. 16 17 Federal 18 19 20 Shari Sanders 21 Print Name 22 23   Shan Sarders Signature 9 AMAZON'S OPPOSITION TO ~m FOR ~3 ~h v. ^am, et al., Case No. 24-cv-00729 ^a2  ### MINUTE ORDER ### Full docket text for document 20: MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge ^n1 on 4/4/2024: Pursuant to Local Rule 302(c)(21) ^df's ~m to Dismiss (ECF No. [18]) shall be noticed before the assigned ^mj. Counsel for ^df shall contact the Clerk for ^mj Deborah Barnes for available law and ~m dates and re-notice the ~m before the ^mj with the proper time and date. Accordingly, the 5/23/2024 hearing before District Judge ^n1 is VACATED. (TEXT ONLY ENTRY) (Krueger, M) # end minute order # PACER Login: PACER Service Center Transaction Receipt 04/04/2024 11:46:26 Andrew.Grant.~h Client Code: Description: History/Documents Billable 1 @s: Search Criteria: 2:24-cv-00729- TLN-DB Cost: 0.10 4/4/2024, 11:46 AM (this is the minute order where Mark Burnside thought he was smooth filing the motion to dismiss, with spite on my birthday April 4th don't forget this detail) # end minute order #     ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [20] Minute Order served on ^a. (Krueger, M) # end minute order #     ### MINUTE ORDER ### Full docket text: ~5 of USB Drive from Andrew G. ~h re [10] Notice of Lodging. (Text only entry) (Mena-Sanchez, L) # end minute order # Case ^cc1 Document 21 Filed 04/04/24 @ 1 of 28 1 GEOFFREY S. BROUNELL (pro hac vice pending) geoffreybrounell@dwt.com 2 DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas, 21st Floor 3 New York, New York 10020-1104 Telephone: (212) 489-8230 4 Fax: (213) 489-8340 5 MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 6 ANNIE S. ZHANG (State Bar No. 327381) ^e1 7 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor 8 Los Angeles, California 90017-2566 Telephone: (213) 633-6800 9 Fax: (213) 633-6899 10 Attorneys for ^df ^am   14 15 ^c6 16 ^a, 17 18 V. ^p, 19 ^am, and DOES 1-50 ^dfs. Case No. ^cc1 ^df ^am’S NOTICE OF ~m AND ~m ΤΟ DISMISS ^p'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES Assigned to the ^mj Deborah Barnes 20   Date: Time: May 10, 2024 10:00 a.m. AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-0072 ^a2  1 Case ^cc1 Document 21 Filed 04/04/24 @ 2 of 28 NOTICE OF ~m 2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 3 PLEASE TAKE NOTICE that on Friday, May 10, 2024, at 10:00 a.m., in Courtroom 27 of 4 the above-captioned Court, located at the Robert T. Matsui ~2 Courthouse, 501 I Street, 5 Sacramento, California 95814, ^df ^am (“Amazon”) will and hereby does move 6 the Court for an order dismissing with prejudice ^p ^a's (“^p”) 7 complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). 8 This ~m is made on three independent grounds. First, ^ps claims are barred by 9 Section 230 of the Communications Decency Act. Second, ^ps claims are barred by the First 10 Amendment of the ~2 Constitution. Third, ^p fails to state a claim upon which 11 relief may be granted. 12 This ~m is based on this notice; the concurrently filed memorandum of points and 13 authorities; all pleadings, records, and files in this action; and such evidence and argument as may be 14 presented at or before the hearing on this ~m.     i AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 3 of 28 ~toc 1 2 @ 3 I. INTRODUCTION 1 4 II. FACTUAL AND PROCEDURAL BACKGROUND. 1 5 III. LEGAL STANDARD 3 6 IV. ARGUMENT 3 7 A. ^p's Claims Are Barred Under Section 230. 3 8 1. Amazon Is a Provider of “Interactive Computer Services." 5 9 2. ^p's Claims Treat Amazon as a Publisher. 5 10 3. The Offending Content Was Created by Third-Party Video Game Users. 7 11 B. ^p's Claims Relating to the New World Video Game Are Barred Under 12 the First Amendment. 7 13 C. None of ^p's Causes of Action Are Cognizable Under the Law. 9 14 1. ^p Does Not Plead the Requisite Elements for IIED Claims........ 9 15 a. ^p does not plead the requisite intent. 9 16 b. ^p does not plead extreme and outrageous conduct. 11 17 2. ^p Does Not Plead the Requisite Elements for Gross Negligence Claims. 13 18 a. ^p does not plead a cognizable duty. 13 19 b. ^p does not plead extreme conduct. 15 20 3. 21 ^p's "Aggravated Harassment” and “Aggravated Stalking" Claims Are Not Cognizable Causes of Actions. 16 22 4. ^p Does Not Plead a Cognizable UCL Claim.. 17 23 V. CONCLUSION.. 19   ii AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 4 of 28 1 TABLE OF AUTHORITIES 2 @(s) 3 Cases 4 Am.-Arab Anti-Discrimination Comm. v. City of Dearborn, 418 F.3d 600 (6th Cir. 2005) 8 5 Anderson v. Fitness Int'l, LLC, 6 4 Cal. App. 5th 867 (2016) 15 7 Ashcroft v. Iqbal, 8 556 U.S. 662 (2009). 3 9 Ballard v. Uribe, 41 Cal. 3d 564 (1986) 14 10 Barnes v. Yahoo!, Inc., 11 570 F.3d 1096 (9th Cir. 2009) 3, 5, 6 12 Batzel v. Smith, 13 333 F.3d 1018 (9th Cir. 2003) 4 14 Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007). 3 15 Blackshire v. County of Yuba, 16 648 F. Supp. 3d 1221 (E.D. Cal. 2023). 11 17 Bride v. Snap Inc., 18 2023 WL 2016927 (C.D. Cal. Jan. 10, 2023) 6,7 20 19 Burns v. Neiman Marcus Grp., Inc., 173 Cal. App. 4th 479 (2009) Carafano v. Metrosplash.com, Inc., 15 21 339 F.3d 1119 (9th Cir. 2003) 3,4 22 Cel-Tech Commc'ns, Inc. v. L.A. Cellular Tel. Co., 20 Cal. 4th 163 (1999) 18 23 24 Christensen v. Superior Court, 54 Cal. 3d 868 (1991) 10 25 City of Santa Barbara v. Superior Court, 26 41 Cal. 4th 747 (2007) 15 27 Clemens v. DaimlerChrysler Corp., 534 F.3d 1017 (9th Cir. 2008) 19 28 iii AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 5 of 28 1 Cochran v. Cochran, 65 Cal. App. 4th 488 (1998) 1  Ctr. for Biological Diversity v. U.S. Forest Serv., 80 F.4th 943 (9th Cir. 2023) 3 4 Daniel v. Armslist, LLC, 5 926 N.W.2d 710 (Wis. 2019). 5 6 Davidson v. City of Westminster, 32 Cal. 3d 197 (1982) 10, 11, 12, 13 7 Dillon v. Legg, 8 68 Cal. 2d 728 (1968) 14 9 Doe v. Grindr Inc., 10 2023 WL 9066310 (C.D. Cal. Dec. 28, 2023) 7 11 Dove v. PNS Stores, Inc., 982 F. Supp. 1420 (C.D. Cal. 1997) 10, 12 12 Dyroff v. Ultimate Software Grp., Inc., 13 934 F.3d 1093 (9th Cir. 2019) 4, 6, 7 14 Fair Hous. Council v. Roommates.com, LLC, 15 521 F.3d 1157 (9th Cir. 2008) 4, 5, 6 16 Farmers Ins. Exch. v. Superior Court, 2 Cal. 4th 377 (1992) 18 17 Flores v. EMC Mortg. Co., 18 997 F. Supp. 2d 1088 (E.D. Cal. 2014). 17 19 20 Frittelli, Inc. v. 350 N. Canon Drive, LP, 202 Cal. App. 4th 35 (2011) 15 21 Gonzalez v. Google, Inc., 282 F. Supp. 3d 1150 (N.D. Cal. 2017) 4 22 Green v. Am. Online (AOL), 23 318 F.3d 465 (3d Cir. 2003). 7 24 Herron v. Best Buy Co. Inc., 25 924 F. Supp. 2d 1161 (E.D. Cal. 2013). 17 26 Hughes v. Pair, 46 Cal. 4th 1035 (2009) 9, 10, 11, 12 27 Ileto v. Glock Inc., 28 349 F.3d 1191 (9th Cir. 2003) 13 iv AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 6 of 28 1 Jackson v. Airbnb, Inc., 2022 WL 16753197 (C.D. Cal. Nov. 4, 2022). 7 2 3 Jacoves v. United Merchandising Corp., 9 Cal. App. 4th 88 (1992) 13 4 Johnson v. Arden, 5 614 F.3d 785 (8th Cir. 2010) 4,5 6 Jones v. Wells Fargo Bank, 112 Cal. App. 4th 1527 (2003) 16 7 Kesner v. Superior Court, 8 1 Cal. 5th 1132 (2016) 14 9 Khoury v. Maly's of Cal., Inc., 10 14 Cal. App. 4th 612 (1993) 17 11 King v. Facebook, Inc., 572 F. Supp. 3d 776 (N.D. Cal. 2021) 12, 13 12 Klayman v. Zuckerberg, 13 753 F.3d 1354 (D.C. Cir. 2014). 6 14 Koch v. Goldway, 15 817 F.2d 507 (9th Cir. 1987) 11 16 Lewis v. Time Inc., 83 F.R.D. 455 (E.D. Cal. 1979), aff'd, 710 F.2d 549 (9th Cir. 1983). 8 17 Lozano v. AT&T Wireless Servs., Inc., 18 504 F.3d 718 (9th Cir. 2007) 17 19 McKinney v. Google, Inc., 20 No. 5:10-CV-01177 EJD (PSG), 2011 WL 3862120 (N.D. Cal. Aug. 30, 2011) 18 21 Meyer v. Aabaco Small Bus., LLC, No. 5:17-cv-02102-EJD, 2018 WL 306688 (N.D. Cal. Jan. 5, 2018) 18 22 Nemet Chevrolet, Ltd. v. Consumeraffairs.com, Inc., 23 591 F.3d 250 (4th Cir. 2009) 4,5 24 25 M.A. ex rel. P.K. v. Vill. Voice Media Holdings, LLC, 809 F. Supp. 2d 1041 (E.D. Mo. 2011). 5 26 Podolsky v. First Healthcare Corp., 50 Cal. App. 4th 632 (1996) 18 27 28 Potter v. Firestone Tire & Rubber Co., 6 Cal. 4th 965 (1993) 10 V AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 7 of 28 1 Ripplinger v. Collins, 868 F.2d 1043 (9th Cir. 1989) 2 3 Rosencrans v. Dover Images, Ltd., 192 Cal. App. 4th 1072 (2011) 4 Rowland v. Christian, 5 69 Cal. 2d 108 (1968) 6 Saunders v. Superior Court, 27 Cal. App. 4th 832 (1994) 7 Shaeffer v. Califia Farms, LLC, 8 44 Cal. App. 5th 1125 (2020) 9 Smith v. California, 10 361 U.S. 147 (1959). 11 Tarasoff v. Regents of Univ. of Cal., 8 13, 15 14 17 18 7,8 17 Cal. 3d 425 (1976) 14 12 ~2 v. U.S. Dist. Ct. for Cent. Dist. of Cal., 13 858 F.2d 534 (9th Cir. 1988) 8 14 Vasilenko v. Grace Fam. Church, 15 3 Cal. 5th 1077 (2017) 14 16 Video Software Dealers Assʼn v. Webster, 968 F.2d 684 (8th Cir. 1992) 8 17 Walker v. Countrywide Home Loans, Inc., 18 98 Cal. App. 4th 1158 (2002) 17 19 Whitlock v. Pepsi Americas, 20 681 F. Supp. 2d 1116 (N.D. Cal. 2010) 10 21 Yurick v. Superior Court, 209 Cal. App. 3d 1116 (1989). 11, 12 22 Zeran v. America Online, 23 129 F.3d 327 (4th Cir. 1997) 4   vi AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 8 of 28 1 Statutes 2 47 U.S.C. § 230. 3 passim § 230(a)(3) 3 4 § 230(b)(2) 3 § 230(c) 4 5 § 230(c)(1) 4 § 230(f)(2) 5 6 California Business & Professions Code § 17200, et seq. (Unfair Competition Law).......... passim 7 8 California Civil Code § 1708.7(a)(1). 16 9 California Code of Civil Procedure § 527.6(b)(3). 16 10 Rules 11 Federal Rule of Civil Procedure 12(b)(6) Constitutional Provisions 12 13 U.S. Constitution, amend. I. 14     vii AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729 9 1, 3, 7, 8  1 2 Case ^cc1 Document 21 Filed 04/04/24 @ 9 of 28 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION This case arises out of ^p ^a's (“^p”) dissatisfaction with 3 4 an online video game called New World, published by Amazon Games. Although the allegations 5 are scattered, the gravamen of ^p's Complaint appears to be twofold: he alleges that (1) a 6 specific game mechanism within New World allowed players to “cyberbully” him, which resulted 7 in medical injuries relating to his disability, see Compl. ¶¶ 26–32; and (2) Amazon worked in 8 concert with management at Discord, Inc. (“Discord”), a third-party social media platform, to 9 suspend ^ps Discord account. See id. ¶¶¶ 52–60. ^p alleges that Amazon's actions 10 exacerbated his various medical conditions, including congestive heart failure. Id. ¶¶ 16. He seeks 11 upwards of $77 billion dollars in damages from Amazon for intentional infliction of e~mal 12 distress and gross negligence, among other claims. Id., Section VII. 13 ^p's Complaint fails for three separate reasons. First, Section 230 of the 14 Communications Decency Act (“CDA”) bars all of ^ps claims relating to the actions of 15 video game users on New World against Amazon. Second, the First Amendment of the United 16 States Constitution likewise bars these claims. Third, and finally, ^p pleads no facts 17 suggesting any of his claims are cognizable under the law. For any or all of these reasons, the 18 Court should dismiss ^ps Complaint without leave to amend. 19 20 II. FACTUAL AND PROCEDURAL BACKGROUND On January 9, 2024, ^p, appearing pro se, filed a Complaint in Sacramento County 21 Superior Court against ^df ^am (“Amazon”), alleging eleven causes of 22 action. See generally Compl. Some of these eleven causes of actions are duplicated, but, in sum, 23 he alleges: four intentional infliction of e~mal distress (“IIED”) claims; four gross negligence 24 claims; one claim under the Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200; 25 one claim for “aggravated harassment,” and one claim for “aggravated stalking." See id. 26 ^p asserts that ^am (“Amazon”) is the parent company of Amazon 27 Games, which publishes the online video game New World. Id. ¶ 15. ^p alleges that from 28 May 2023 through November 2023, he experienced “acts of aggravated cyber harassment, 1 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 10 of 28 1 aggravated cyberstalking, and aggravated cyber bullying” by other players on New World. Id. 2 According to ^p, Amazon “facilitated these actions by creating an online environment to 3 facilitate stalking, cyberbullying, harassment, and the intentional infliction of e~mal distress.” 4 Id. 26. Specifically, ^p blames a game mechanism called Dynamic Difficulty Scaling 5 ("DDS"), which contains a “terrible design flaw." Id. ¶¶ 27, 29. ^p claims to have 6 contacted Amazon on multiple occasions to complain about this issue, but Amazon employees 7 allegedly "ignored his pleas for help.” Id. ¶ 17. 8 Separately, ^p alleges issues related to his Discord account. Id. | 52–60. For 9 context, Discord is a third-party social media platform used primarily by video game players. See 10 id. 5. Discord is divided into “servers” for people who share a common interest. Id. ^p's 11 dispute centers around a specific server, the New World Official Discord, which he alleges is 12 managed by an Amazon employee. Id. 18. ^p claims that on November 8, 2023, he 13 engaged users “in the New World Official Discord in a friendly game related discussion, when . . . 14 he was [] forcibly timed out” by a Discord administrator. Id. 52. ^p alleges that “he was 15 permanently banned for nothing” and suffered “intense anxiety and fear” as a result of the ban. Id. 16 55. 17 ^p alleges that as a result of these issues, on November 20, 2023, he was hospitalized 18 and diagnosed with congestive heart failure. Id. 21. Specifically, ^p attributes his health 19 conditions to “being harassed within New World, [ ] by [various Amazon] [e]mployees 20 random players” on New World. Id. ¶¶ 22-23. 21 and ^p seeks injunctive relief preventing Amazon from “retaliating against ^p in the 22 form of banning, abridging, suspending, or in any way negatively altering current and existing 23 [Amazon] services which are presently in good standing." Id., Section VI. He also seeks "past, 24 present, and future lost earnings[;] . . . medical expenses to secure future heart, lung, and kidney 25 transplants[;] emergency funeral expenses if ^p passes away at any time due to 26 complications[;] $7 billion in compensatory damages, and . . . $70 billion in punitive and 27 exemplary damages.” See id. 28 2 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  1 Case ^cc1 Document 21 Filed 04/04/24 @ 11 of 28 On March 8, 2024, Amazon timely removed to this Court based on diversity jurisdiction. 2 See ECF 1. Amazon now moves to dismiss ^ps baseless Complaint with prejudice.¹ 3 III. LEGAL STANDARD 4 To survive a ~m to dismiss, a complaint must state a claim that is “plausible on its 5 face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Courts require “more than labels 6 and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Id. at 7 555. A claim for relief requires “factual content that allows the court to draw the reasonable 8 inference that the ^df is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 9 678 (2009). The plausibility inquiry is a “context-specific task that requires the reviewing court to 10 draw on its judicial experience and common sense.” Id. at 679. Dismissal should be with 11 prejudice where amendment would be futile. See, e.g., Ctr. for Biological Diversity v. U.S. Forest 12 Serv., 80 F.4th 943, 956 (9th Cir. 2023). 13 14 IV. ARGUMENT ^p's claims fail for three reasons. First, Section 230 of the Communications 15 Decency Act (“CDA”) bars ^ps claims relating to New World. Second, the First 16 Amendment of the ~2 Constitution bars ^ps claims relating to New World. 17 Third, ^p pleads no facts suggesting any of his claims are cognizable under the law. 18 Accordingly, the Court should dismiss ^p's Complaint without leave to amend. 19 20 A. ^p's Claims Are Barred Under Section 230. Section 230 "provides broad immunity” for claims against interactive computer service 21 providers “for publishing content provided primarily by third parties." Carafano v. 22 Metrosplash.com, Inc., 339 F.3d 1119, 1123 (9th Cir. 2003). Enacted to bolster First Amendment 23 protections online, the statute exists “to promote the free exchange of information and ideas over 24 the Internet.” Barnes v. Yahoo!, Inc., 570 F.3d 1096, 1099-1100 (9th Cir. 2009) (cleaned up); see 25 47 U.S.C. § 230(a)(3), (b)(2). To do so, Congress “established a general rule that providers of 26 interactive computer services are liable only for speech that is properly attributable to them." 27 28 1 ^p has also filed three ~ms to remand. ECF 4, 7, 9. Amazon filed an opposition brief for all three ~ms. ECF 16. 3 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 12 of 28 1 Johnson v. Arden, 614 F.3d 785, 791 (8th Cir. 2010) (quoting Nemet Chevrolet, Ltd. v. 2 Consumeraffairs.com, Inc., 591 F.3d 250, 254 (4th Cir. 2009)). 3 The statute must be construed “in favor of immunity.” Fair Hous. Council v. 4 Roommates.com, LLC, 521 F.3d 1157, 1170-71, 1174 (9th Cir. 2008) (en banc). And because the 5 law "protect[s] websites not merely from ultimate liability, but [also] from having to fight costly 6 and protracted legal battles,” Roommates, 521 F.3d at 1175, “[w]hen a ^p cannot allege 7 enough facts to overcome Section 230 immunity, a ^ps claims should be dismissed.” 8 Dyroff v. Ultimate Software Grp., Inc., 934 F.3d 1093, 1097 (9th Cir. 2019). As the Ninth Circuit 9 has noted: 10   14   Congress made a policy choice not to deter harmful online speech through the separate route of imposing tort liability on companies that serve as intermediaries for other parties' potentially injurious messages. Congress' purpose in providing the § 230 immunity was thus evident. Interactive computer services have millions of users. The amount of information communicated via interactive computer services is therefore staggering. The specter of tort liability in an area of such prolific speech would have an obvious chilling effect. It would be impossible for service providers to screen each of their millions of postings for possible problems. Faced with potential liability for each message republished by their services, interactive computer service providers might choose to severely restrict the number and type of messages posted. Congress considered the weight of the speech interests implicated and chose to immunize service providers to avoid any such restrictive effect. Carafano, 339 F.3d at 1123-24 (quoting Zeran v. America Online, 129 F.3d 327, 330-31 (4th Cir. 18 1997)) (citation omitted); see also Batzel v. Smith, 333 F.3d 1018, 1027 (9th Cir. 2003) (quoting 19 Zeran with approval). Under § 230(c), therefore, so long as a third party willingly provides the 20 essential published content, the interactive service provider receives full immunity regardless of the 21 22 specific editing or selection process. "This guidance emphasizes that Section 230(c)(1) is implicated not only by claims that 23 explicitly point to third party content but also by claims which, though artfully pleaded to avoid 24 direct reference, implicitly require recourse to that content to establish liability or implicate a 25 ^df's role, broadly defined, in publishing or excluding third party communications.” 26 Gonzalez v. Google, Inc., 282 F. Supp. 3d 1150, 1164 (N.D. Cal. 2017) (quotation marks and 27 citation omitted). This rule prevents ^ps from using “artful pleading' to state their claims 28 only in terms of the interactive computer service provider's own actions, when the underlying basis 4 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 13 of 28 1 for liability is unlawful third-party content published by the ^df." Daniel v. Armslist, LLC, 2 926 N.W.2d 710, 724 (Wis. 2019); accord M.A. ex rel. P.K. v. Vill. Voice Media Holdings, LLC, 3809 F. Supp. 2d 1041, 1058 (E.D. Mo. 2011) (dismissing claims “artfully and eloquently” pleaded 4 "to avoid the reach of § 230”). And because Section 230 “protect[s] websites not merely from 5 ultimate liability, but [also] from having to fight costly and protracted legal battles,” Roommates, 6521 F.3d at 1175, the immunity attaches “at the earliest possible stage of the case,” Nemet 7 Chevrolet, Ltd., 591 F.3d at 255—including on ~ms to dismiss, e.g., Johnson, 614 F.3d at 792. A three-part test governs Section 230 immunity. The statute bars any claim where: (1) the 9 ^df is a “provider of an interactive computer service”; (2) the claims would treat the 10 ^df as the “publisher” of the relevant content; and (3) the content was “provided by another 11 information content provider.” Barnes, 570 F.3d at 1100–01; accord Johnson, 614 F.3d at 790 12 (applying same test). Each of these conditions is satisfied by Amazon. Accordingly, the entire 13 Complaint is barred by Section 230. 8 14 15 1. Amazon Is a Provider of “Interactive Computer Services." Section 230 defines “interactive computer service” to include “any information service, 16 system, or access software provider that provides or enables computer access by multiple users to a 17 computer server.” 47 U.S.C. § 230(f)(2). ^p alleges that Amazon, through New World, 18 "created an online environment” for players to connect through a video game. See id. ¶ 26. 19 ^p's claims are not premised on the physical attributes of any gaming device; they are premised, 20 rather, on access that Amazon provided to New World. Because New World is an “information 21 service, system, or access software provider that provides or enables computer access by multiple 22 23 users to a computer server,” it is an interactive computer service. 47 U.S.C. § 230(f)(2). 2. 24 ^p's Claims Treat Amazon as a Publisher. The Ninth Circuit construes the phrase “treated as the publisher” to reach any claim that 25 "involves reviewing, editing, and deciding whether to publish or to withdraw from publication third- 26 party content.” Barnes, 570 F.3d at 1102. What matters “is not the name of the cause of action," but 27 whether the substantive “duty” the claim seeks to impose “inherently requires the court to treat the 28 ^df as the ‘publisher or speaker' of content provided by another." Id. at 1101–02. A ^p 5 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 14 of 28 1 accordingly “cannot sue someone for publishing third-party content simply by changing the name of 2 the theory.” Id. at 1102; see also Roommates.com, 521 F.3d at 1170-71 (“any activity that can be 3 boiled down to deciding whether to exclude material that third parties seek to post online is perforce 4 immune under section 230"). 5 ^p's claims fall squarely within this protection. Through various causes of action, 6 ^p seeks to impose liability on Amazon based on its role publishing and transmitting 7 allegedly harmful user-generated messages within the New World video game. This theory falls 8 in the heartland of Section 230 because it seeks to premise liability on Amazon's alleged 9 publication and dissemination of the third-party speech it makes available on its services. This 10 theory targets core publisher activity and is thus barred under Section 230. See, e.g., Barnes, 570 11 F.3d at 1102 ("publication involves reviewing, editing, and deciding whether to publish or to 12 withdraw from publication third-party content'); see also Dyroff, 934 F.3d at 1097-98 (claim treated 13 ^df as a publisher where the alleged liability derived from “features and functions” that 14 enabled user to transmit allegedly harmful communications to the ^p's son). The only way 15 Amazon could avoid liability on ^ps theory is by declining to publish the allegedly harmful 16 user messages, and by monitoring all content available on its platforms to ensure that access to any 17 harmful content here, “cyberbullying"—is removed. Section 230 protects online services from 18 exactly this type of claim. See, e.g., Bride v. Snap Inc., 2023 WL 2016927, at *1-2, 5-6 (C.D. Cal. 19 Jan. 10, 2023) (Section 230 barred claim that Snapchat's features enabled “bullying and harassment” 20 of ^p by other users). The statute was “enacted to protect websites against the evil of liability 21 for failure to remove offensive content.” Fair Hous. Council, 521 F.3d at 1174. Thus in Barnes, 22 570 F.3d at 1103 the Ninth Circuit affirmed dismissal of claims predicated on Yahoo's failure to 23 remove allegedly injurious content. So too here. See also Klayman v. Zuckerberg, 753 F.3d 1354, 24 1359 (D.C. Cir. 2014) (“the very essence of publishing is making the decision whether to print or 25 retract a given piece of content”) (emphasis added). 26 It also makes no difference that ^p brings claims under different (fictitious or real) labels: 27 intentional infliction of e~mal distress, “aggravated harassment,” “aggravated stalking," gross 28 negligence, or violations of the Unfair Competition Law. Each claim targets the publication, 6 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 15 of 28 1 monitoring, and removal of content of third-party players on New World—“actions quintessentially 2 related to a publisher's role.” Green v. Am. Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003); accord, 3 e.g., Doe v. Grindr Inc., 2023 WL 9066310, at *4 (C.D. Cal. Dec. 28, 2023) (holding Section 230 4 applied to Doe's claims because “the alleged ‘defect” was “only relevant to Doe's injury to the 5 extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe 6 seeks to hold Grindr liable for its failure to regulate third party content"). 7 8 3. The Offending Content Was Created by Third-Party Video Game Users. The third condition for Section 230 protection is easily satisfied. As with the Bride 9 cyberbullying ^p whose claims were barred by Section 230, ^p's claims also concern 10 "harassing” comments posted by other New World “users,” not content that originated with Amazon 11 itself. 2023 WL 2016927, at *6 (Section 230 applied because Snapchat "did not create or develop 12 the harassing and explicit messages that led to the harm suffered by ^ps; the sending users 13 did") (citing Dyroff, 934 F.3d at 1098). Nowhere in the Complaint does ^p allege—let alone 14 suggest-facts that implicate Amazon as being directly involved in “cyberbullying" ^p. “The 15 accusation here is fundamentally that [Amazon] should have monitored and curbed third-party 16 content." See Jackson v. Airbnb, Inc., 2022 WL 16753197, at *2 (C.D. Cal. Nov. 4, 2022). Section 17 230 bars such claims. B. ^p's Claims Relating to the New World Video Game Are Barred Under the First Amendment. 18 19 20 Even if not barred under Section 230, ^ps claims relating to the New World video 21 game are independently barred under the First Amendment and should be dismissed. 22 The First Amendment prohibits holding a forum for speech liable for the content it 23 publishes without proof that the forum at least had "knowledge of the contents" of the speech 24 in question. Smith v. California, 361 U.S. 147, 149 (1959). Because ^ps claims fail to 25 allege Amazon knew of the speech at issue—the alleged cyberbullying from New World video 26 game players—^ps claims run afoul of this rule. 27 In Smith, the Supreme Court invalidated a law holding booksellers strictly liable for selling 28 "obscene" books because it would have resulted in self-censorship. The problem was “[t]he 7 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 16 of 28 1 bookseller's limitation in the amount of reading material with which he could familiarize 2 himself." 361 U.S. at 153-54. If the bookseller could be liable merely for hosting offensive 3 speech, the Court reasoned, the risk of liability “would tend to restrict the public's access to forms 4 of the printed word” and “have the collateral effect of inhibiting the freedom of expression by 5 making the individual the more reluctant to exercise it.” Id. at 151, 153-54. 6 Under Smith, a “distributor” of speech may “not be punished if he did not have some 7 'knowledge of the contents' of the allegedly” unlawful material. ~2 v. U.S. Dist. Ct. for 8 Cent. Dist. of Cal., 858 F.2d 534, 539 (9th Cir. 1988) (citation omitted); see also Am.-Arab Anti- 9 Discrimination Comm. v. City of Dearborn, 418 F.3d 600, 611 (6th Cir. 2005) (under Smith, “any” 10 law that "chills the exercise of First Amendment rights must contain a knowledge element") 11 (quoting Video Software Dealers Ass'n v. Webster, 968 F.2d 684, 690 (8th Cir. 1992)). Thus, in 12 Lewis v. Time Inc., 83 F.R.D. 455, 464-65 (E.D. Cal. 1979), aff'd, 710 F.2d 549 (9th Cir. 1983), 13 the ^p failed to state a claim against distributors of Time Magazine because “n[o] specific 14 facts" were “alleged to show that the distributor ^dfs had knowledge of the defamatory 15 nature" of the speech published. “[T]here can be no liability” in “any lawsuit" against a 16 "distributor” of third-party speech consistent with “[t]he high standards required by the First 17 Amendment,” the court found, “absent scienter” and “specific factual allegations concerning 18 actual knowledge.” Id. at 465. 19 The First Amendment bars ^p's claims. ^p does not allege Amazon knew the 20 contents of the alleged communications between ^p and his cyberbullies. Rather, ^p 21 appears to claim Amazon should have known about these communications because it “facilitated” 22 the proliferation of these communications when it “create[ed] an online environment” which 23 permitted cyberbullying. Compl. 26. In such circumstances, permitting ^p to impose 24 "liability on a publisher” like Amazon for enabling him to communicate with New World video 25 game players who cyberbullies him “would have an undoubted chilling effect on speech.” U.S. 26 Dist. Ct., 858 F.2d at 539 (citation omitted); see also Ripplinger v. Collins, 868 F.2d 1043, 1056 27 (9th Cir. 1989) (provision permitting liability against distributors who “should know” speech 28 contains obscenity “unduly chills” speech). 8 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 17 of 28 1 C. None of ^ps Causes of Action Are Cognizable Under the Law. 2 As explained in more detail below, ^p fails to adequately plead any of his eleven 3 causes of action. Accordingly, the Court should dismiss ^ps Complaint for failure to state a 4 claim pursuant to Federal Rule of Civil Procedure 12(b)(6). 5 1. ^p Does Not Plead the Requisite Elements for IIED Claims. 6 ^p asserts IIED claims for his first, fifth, sixth, and seventh causes of action. See 7 generally Compl. Although unclear, it appears that he is asserting different theories of liability for 8 each claim. See id. 9 Under any theories of liability, ^p fails to state a claim for IIED. To plead a viable 10 IIED claim, a ^p must allege facts showing: (1) “extreme and outrageous conduct by the 11 ^df with the intention of causing, or reckless disregard of the probability of causing, 12 e~mal distress; (2) the ^ps suffering severe or extreme e~mal distress; and (3) actual 13 and proximate causation of the e~mal distress by the ^df's outrageous conduct." 14 Hughes v. Pair, 46 Cal. 4th 1035, 1050 (2009). For ^ps asserting an IIED claim, the 15 California Supreme Court “has set a high bar.” Id. at 1051. 16 Construing these facts in the best possible light, ^ps allegations boil down to two 17 categories: (1) Amazon designed a specific game mechanic that ^p wants Amazon to 18 remove from the game; and (2) Amazon banned ^p from the New World Official Discord 19 and continues to deny him access to that server. See generally Compl. Neither category of 20 allegations amount to an IIED claim for at least two reasons. First, ^p pleads no facts 21 suggesting that Amazon acted with the requisite intent to cause him e~mal distress. Second, 22 Amazon's alleged conduct is neither extreme nor outrageous by any objective measure. 23 24 a. ^p does not plead the requisite intent. ^p pleads no facts suggesting that Amazon acted with the intent or reckless disregard 25 required for an IIED claim. He cannot show that Amazon engaged in intentional conduct directed 26 towards him, nor can he show that Amazon acted with the intention of causing, or in reckless 27 disregard of the probability of causing ^p e~mal distress. 28 9 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  1 Case ^cc1 Document 21 Filed 04/04/24 @ 18 of 28 ^p cannot show that Amazon engaged in any conduct directed towards him. Under 2 California law, ^p must plead that Amazon intentionally engaged in conduct directed 3 primarily at ^p. See Potter v. Firestone Tire & Rubber Co., 6 Cal. 4th 965, 1002 (1993). 4 As the California Supreme Court has long held, “it is not enough that the conduct be intentional 5 and outrageous.” Id. (alteration omitted) (quoting Christensen v. Superior Court, 54 Cal. 3d 868, 6903 (1991)). “It must be conduct directed at the ^p, or occur in the presence of a ^p of 7 whom the ^df is aware." Id. (quoting Christensen, 54 Cal. 3d at 903); see, e.g., Whitlock v. 8 Pepsi Americas, 681 F. Supp. 2d 1116, 1121–22 (N.D. Cal. 2010) (a ^p asserting an IIED 9 claim faces a “heavy burden” to establish the ^df's knowledge “of these particular 10 ^ps" (citation omitted)). 11 Here, ^p alleges that a game mechanic in New World allowed other players to harass 12 or bully him, but he has not articulated, nor he could articulate, facts which would suggest that 13 Amazon designed the game with the intention of achieving such an attenuated outcome. Before 14 ^p filed this Complaint, Amazon was not even aware of ^p, much less engaged in 15 conduct directed at him. See Whitlock, 681 F. Supp. 2d at 1122–23 (granting ^dfs summary 16 judgment where ^ps could not show that ^dfs were aware of ^ps' presence at the 17 time of ^dfs' conduct). 18 Further, ^p cannot plead that Amazon acted “with the intention of causing, or 19 reckless disregard of the probability of causing” e~mal distress to ^p. Hughes, 46 Cal. 20 4th at 1050. To support an IIED claim, the ^df must have acted “with the intent to inflict 21 injury or with the realization that injury will result.” Dove v. PNS Stores, Inc., 982 F. Supp. 1420, 22 1425 (C.D. Cal. 1997); accord Davidson v. City of Westminster, 32 Cal. 3d 197, 210 (1982). 23 "Where there is no intent to inflict e~mal distress, the ^df is entitled to judgment.” 24 Dove, 982 F. Supp. at 1425. ^ps IIED claim arising out of Amazon's design of the game 25 fails because Amazon did not design the game with the intention of inflicting injury on ^p. 26 ^p's IIED claims arising out of his Discord suspension should be treated the same. 27 Regardless of his subjective evaluation of his experience with these customer service 28 representatives, ^p has not pleaded facts sufficient to show how or why Amazon would have 10 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 19 of 28 1 banned him with the intention of causing him e~mal distress. Based on ^ps own facts, 2 it is implausible that Amazon would choose to “target” one player specifically for the purpose of 3 causing him injury. See Davidson, 32 Cal. 3d at 210 (^p who was stabbed in a public 4 laundromat that was under public surveillance failed to state an IIED claim against ^df 5 police officers because they did not act or fail to act “as they did for the purpose of causing 6 e~mal injury to [the ^p]"); see id. (“[a]bsent an intent to injure,” a ^df's conduct 7 does not give rise to liability for an IIED claim). ^p has pleaded no facts suggesting any 8 other story other than the simple, straightforward one: Amazon revoked ^ps access to the 9 Discord server because ^p violated Amazon's terms of service or Discord's community 10 guidelines, and not because Amazon wanted to “directly harass[]" him. See Compl. ¶¶ 53. Thus,   ^p fails to adequately plead the requisite intent for his IIED claims. b. ^p does not plead extreme and outrageous conduct. Even if ^p could plead the requisite intent—which he cannot-Amazon's alleged 14 conduct does not rise to the level of “extreme and outrageous” as required for an IIED claim. 15 Generally, “[l]iability for intentional infliction of e~mal distress does not extend to mere insults, 16 indignities, threats, annoyances, petty oppressions, or other trivialities.” Hughes, 46 Cal. 4th at 17 1051 (internal quotation marks and citation omitted). A ^df's conduct is “outrageous” when 18 it is "so extreme as to exceed all bounds of that usually tolerated in a civilized community." Id. at 19 1050-51 (internal quotation marks and citation omitted). “[C]onduct will be found to be actionable 20 where the recitation of the facts to an average member of the community would arouse his 21 resentment against the actor, and lead him to exclaim, ‘Outrageous!” Blackshire v. County of Yuba, 22 648 F. Supp. 3d 1221, 1240 (E.D. Cal. 2023) (internal quotation marks omitted) (quoting Cochran 23 v. Cochran, 65 Cal. App. 4th 488, 494 (1998)). Examples of conduct which California courts have 24 concluded do not rise to the level of extreme and outrageous include a ^df's “reprehensible 25 vicious slur" about the ^p likening him to a Nazi war criminal, Koch v. Goldway, 817 26 F.2d 507, 510 (9th Cir. 1987); a ^df graphically threatening ^p by placing message on 27 answering machine, Cochran, 65 Cal. App. 4th at 499; a ^df repeatedly saying ^p was 28 senile and a liar in front of co-workers, Yurick v. Superior Court, 209 Cal. App. 3d 1116, 1127-29 11 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 20 of 28 1 (1989); and police officers watching ^ps stabbing and failing to intervene, Davidson, 32 Cal. 2 3d at 201, 210. 3 ^p's allegations do not come close to even these failed examples. ^p is 4 complaining about a game mechanic, which, although expressed in more serious terms like “cyber 5 harassment” and “cyberbullying,” describe the conduct of third parties, not of Amazon. See 6 Compl. 29 (“^p was relentlessly harassed, stalked, and cyber bullied in the New World 7 game, published by Amazon Games[.]”). Amazon has not done anything except publish a game 8 9 subjective belief that New World has become unplayable for certain players like himself is not 10 actionable against Amazon as the game publisher. See id. (alleging that "one player has the and let people play that game, which cannot possibly constitute outrageous conduct. ^ps 11 power to ... ruin the fun for everyone else” and “force[ ] [players] to play a game they can never 12 win"). The solution to ^ps problem is simple: if ^p does not like how the video game 13 is being run, he should stop playing. 14 ^p's claims related to the New World Official Discord fail for similar reasons. First 15 and foremost, it is simply black-letter law that a social media company is not liable for IIED when 16 it disables a user's account due to a purported violation of the platform's community standards. 17 See King v. Facebook, Inc., 572 F. Supp. 3d 776, 785–86 (N.D. Cal. 2021) (dismissing social 18 media user's IIED claim with prejudice because Facebook's conduct in banning user was not 19 outrageous as a matter of law). Second, ^p's allegations do not rise above the level of “mere 20 insults, indignities, threats, annoyances, petty oppressions, or other trivialities.” Hughes, 46 Cal. 21 4th at 1051 (internal quotation marks omitted). 22 According to ^p, when he complained about his Discord suspension to an Amazon 23 customer service representative, the representative told ^p to “leave the server.” Compl. 24 53. Although ^p perceived this comment as “unsympathetic,” id. ¶¶ 48, it is a far cry from 25 any statement or conduct California courts have found actionable. See, e.g., Dove, 982 F. Supp. at 26 1425-27 (supervisor's comments that employee's complaints were “all in his head” and that he 27 wished the employee would quit were not sufficiently outrageous or extreme to state an IIED 28 claim); Yurick, 209 Cal. App. 3d at 1124–25, 1129 (supervisor's comments that employee was 12 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 21 of 28 1 senile and a liar in front of coworkers on multiple occasions were not outrageous as a matter of 2 law). In sum, ^p fails to adequately plead any extreme or outrageous conduct for his IIED 3 claims. 4 * * * 5 For the two independent reasons articulated above, the Court should dismiss ^ps 6 IIED claims with prejudice for failure to state a claim. See King, 572 F. Supp. 3d at 786. 2. 7 8 ^p Does Not Plead the Requisite Elements for Gross Negligence Claims. ^p asserts gross negligence claims for his second, fourth, tenth, and eleventh causes 9 of action. See generally Compl. As with his IIED claims, ^p broadly alleges two theories of 10 liability: (1) Amazon designed a game mechanic which permitted other players to harass and bully 11 ^p, see id. ¶¶ 45; and (2) Amazon failed to restore ^ps access to the New World 12 Official Discord, see id. ¶¶ 93. Neither theory supports a viable gross negligence claim for at least 13 two reasons. First, ^p does not plausibly allege that Amazon owed ^p a legal duty of 14 care. Second, Amazon's alleged conduct is not extreme. 15 "Gross negligence is pleaded by alleging the traditional elements of negligence: duty, 16 breach, causation, and damages.” Rosencrans v. Dover Images, Ltd., 192 Cal. App. 4th 1072, 17 1082 (2011). A ^p must not only satisfy these elements, but they must also show “extreme 18 conduct on the part of the ^df." Id. 19 20 a. ^p does not plead a cognizable duty. ^p does not plausibly allege that Amazon owed him a legal duty of care. “As a 21 general rule, one owes no duty to control the conduct of another, nor to warn those endangered by 22 such conduct.” Davidson, 32 Cal. 3d at 203. Whether a legal duty arises “is a question of law 23 which is simply an expression of the sum total of the policy considerations that lead a court to 24 conclude that a particular ^p is entitled to protection.” Ileto v. Glock Inc., 349 F.3d 1191, 25 1203 (9th Cir. 2003) (quoting Jacoves v. United Merchandising Corp., 9 Cal. App. 4th 88, 114 26 (1992)). In determining whether policy considerations weigh in favor of imposing a duty, courts 27 consider the following factors: 28 13 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729    5 Case ^cc1 Document 21 Filed 04/04/24 @ 22 of 28 the foreseeability of harm to the ^p, the degree of certainty that the ^p suffered injury, the closeness of the connection between the ^df's conduct and the injury suffered, the moral blame attached to the ^df's conduct, the policy of preventing future harm, the extent of the burden to the ^df and consequences to the community of imposing a duty to exercise care with resulting liability for breach, and the availability, cost, and prevalence of insurance for the risk involved. 6 Rowland v. Christian, 69 Cal. 2d 108, 113 (1968). The first three factors address the 7 foreseeability of the relevant injury, while the other four ““take into account public policy 8 concerns that might support excluding certain kinds of ^ps or injuries from relief.” 9 Vasilenko v. Grace Fam. Church, 3 Cal. 5th 1077, 1085 (2017) (quoting Kesner v. Superior 10 Court, 1 Cal. 5th 1132, 1145 (2016)). None of these factors justifies imposing a legal duty on 11 Amazon. 12 "[T]he chief element in determining whether [a] ^df owes a duty or an obligation to 13 ^p is the foreseeability of the risk.” Dillon v. Legg, 68 Cal. 2d 728, 740 (1968); see Tarasoff 14 v. Regents of Univ. of Cal., 17 Cal. 3d 425, 434–35 (1976) (“The most important of these 15 considerations in establishing duty is foreseeability.”). To determine duty, a court does not decide 16 if "a particular ^ps injury was reasonably foreseeable in light of a particular ^df's 17 conduct" but rather evaluates more generally if “the category of negligent conduct at issue is 18 sufficiently likely to result in the kind of harm experienced." Ballard v. Uribe, 41 Cal. 3d 564, 19 572 n.6, 573 (1986). 20 Here, ^p's injury was not reasonably foreseeable in light of Amazon's limited role as 21 the publisher of the video game. Just because Amazon designed the game to scale in difficulty as 22 a player progresses within the game does not mean that Amazon knew or should have known that 23 other players would use this game mechanic to harm ^p. See Compl. ¶¶ 29. Amazon should 24 not be held responsible because other players “ruin[ed] the fun” for ^p. Id. Moreover, the 25 closeness of the connection between Amazon's conduct and ^ps injury is highly attenuated. 26 See Vasilenko, 3 Cal. 5th at 1086 (this factor “accounts for third-party or other intervening 27 conduct"). Amazon cannot possibly police all third parties who play its games, and the other 28 players' intervening conduct severs any connection to ^ps injury. See id. In other words, 14 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 23 of 28 1 third parties caused ^ps injury—not Amazon. Given that the alleged harm was not 2 reasonably foreseeable to Amazon, the Court should decline to find a duty. To hold otherwise 3 "would stretch the concept of foreseeability of harm in determining duty beyond recognition." 4 Burns v. Neiman Marcus Grp., Inc., 173 Cal. App. 4th 479, 489 (2009). Amazon does not owe 5 ^p a legal duty of care to safeguard against gameplay that hurts ^p's feelings. 6 7 b. ^p does not plead extreme conduct. Even if ^p could show that Amazon owed him a duty of care, Amazon's alleged 8 conduct is not “extreme,” as required for a gross negligence claim. See Rosencrans, 192 Cal. 9 App. 4th at 1082. To support a theory of gross negligence, a ^p must allege facts showing 10 "either a want of even scant care or an extreme departure from the ordinary standard of conduct." 11 Anderson v. Fitness Int'l, LLC, 4 Cal. App. 5th 867, 881 (2016) (cleaned up) (quoting City of 12 Santa Barbara v. Superior Court, 41 Cal. 4th 747, 754 (2007)). “[C]ourts have held that conduct 13 that substantially or unreasonably increased the inherent risk of an activity or actively concealed a 14 known risk could amount to gross negligence[.]" Id. “Evidence of conduct that evinces an 15 extreme departure from . . . an industry standard also could demonstrate gross negligence." Id. 16 Conversely, “mere nonfeasance, such as the failure to discover a dangerous condition or to 17 perform a duty,” typically does not rise to the level of gross negligence. Id. (cleaned up) (quoting 18 Frittelli, Inc. v. 350 N. Canon Drive, LP, 202 Cal. App. 4th 35, 48 (2011)). 19 ^p offers no facts to show that either Amazon's design of the New World game or its 20 alleged failure to provide helpful customer service constituted gross negligence. ^p's gross 21 negligence claims arising from Amazon's game design fail because he does not plausibly allege 22 how increasing the difficulty of New World as a player progresses is linked in any way to the 23 cyberbullying inherent in online video game interactions. ^p also does not allege facts 24 demonstrating that Amazon's inclusion of the game mechanic constituted an extreme departure 25 from gaming standards or that Amazon actively concealed a known dangerous condition. 26 ^p's claims arising from Amazon's unhelpful customer service similarly fail because he 27 does not allege facts demonstrating a want of even scant care or an extreme departure from the 28 ordinary standard of conduct. At most, ^ps allegations suggest that Amazon's customer 15 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 24 of 28 1 service representatives “neglected to escalate or provide support" for ^p's issues. See 2 Compl. 93. These allegations of poor customer service are plainly insufficient to support a gross 3 negligence claim. 4 * * * 5 For the two independent reasons articulated above, the Court should dismiss ^ps 6 gross negligence claims with prejudice. See Jones v. Wells Fargo Bank, 112 Cal. App. 4th 1527, 7 1541-42 (2003) (affirming dismissal of gross negligence claim, among other claims, without leave 8 to amend). 9 3. 10 11 ^p's "Aggravated Harassment” and “Aggravated Stalking” Claims Are Not Cognizable Causes of Actions. ^p's eighth and ninth causes of action are for “aggravated harassment” and 12 "aggravated stalking,” respectively. “Aggravated harassment” and “aggravated stalking” do not 13 appear to be recognized causes of action under California law. For this reason alone, the Court 14 should dismiss for failure to state a claim. Construing ^ps claims broadly as he is a pro se 15 litigant, Amazon will also address the closest approximate torts recognized in California—civil 16 harassment and stalking—which even if so generously construed, fail for the reasons stated below. “Harassment” is "unlawful violence, a credible threat of violence, or a knowing and willful 17 18 course of conduct directed at a specific person that seriously alarms, annoys, or harasses the 19 person, and that serves no legitimate purpose." Cal. Civ. Proc. Code § 527.6(b)(3). “The course 20 of conduct must be such as would cause a reasonable person to suffer substantial e~mal 21 distress....” Id. Stalking requires “a pattern of conduct the intent of which was to follow, alarm, 22 place under surveillance, or harass the ^p.” Cal. Civ. Code § 1708.7(a)(1). “In order to 23 establish this element, the ^p shall be required to support his or her allegations with 24 independent corroborating evidence." Id. 25 Here, ^p fails to allege sufficient facts to support either claim. The gravamen of both 26 claims is that ^p accuses third-party players on New World of stalking and harassing 27 ^p's character in the video game. Setting aside that these interactions take place entirely 28 online, Amazon's involvement is limited to the allegation that Amazon employees created and 16 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 25 of 28 1 developed the platform by which third parties harassed or stalked ^p. See Compl. ¶¶ 76, 83. 2 Amazon can locate no case supporting the proposition that a player in a video game can sue a 3 video game publisher for the actions of players of the video game, nor would it expect to find one 4 given the extremely attenuated nature of the legal theory being presented. 5 Amazon itself has not engaged in any conduct that bears any resemblance to harassment or 6 stalking as defined above, therefore the claims should be dismissed. ^p Does Not Plead a Cognizable UCL Claim. 7 4. 8 ^p also asserts a claim for unlawful, unfair, and fraudulent business practices under 9 California's Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200, et seq. This 10 cause of action alleges a “departure from quality customer care” that Amazon normally provides. 11 See Compl. ¶ 39. Specifically, ^p alleges that Amazon's various failures to meet his 12 expectations for the customer service he received in connection with New World and the New 13 World Official Discord rise to the level of a UCL claim. See id. 36-44. 14 Under the UCL, there are three varieties of unfair competition: acts or practices which are 15 (1) unlawful, (2) unfair, or (3) fraudulent. See Herron v. Best Buy Co. Inc., 924 F. Supp. 2d 1161, 16 1168 (E.D. Cal. 2013). Each prong is a separate and distinct theory of liability. See Lozano 17 v. AT&T Wireless Servs., Inc., 504 F.3d 718, 731 (9th Cir. 2007). A ^p alleging unfair 18 business practices “must state with reasonable particularity the facts supporting the statutory 19 elements of the violation.” Khoury v. Maly's of Cal., Inc., 14 Cal. App. 4th 612, 619 (1993). 20 ^p fails to identify under which prong of the UCL he is asserting a claim, which provides an 21 independent bar for dismissal. 22 Even if ^p had articulated under which prong of the UCL he is asserting his claim, 23 the claims fails as none of the requirements for the three prongs have been satisfied here. First, 24 the "unlawful” prong prohibits business practices “forbidden by law, be it civil or criminal, 25 federal, state, or municipal, statutory, regulatory, or court-made.” Saunders v. Superior Court, 27 26 Cal. App. 4th 832, 838–39 (1994). The UCL “thus creates an independent action when a business 27 practice violates some other law.” Flores v. EMC Mortg. Co., 997 F. Supp. 2d 1088, 1118 (E.D. 28 Cal. 2014) (citing Walker v. Countrywide Home Loans, Inc., 98 Cal. App. 4th 1158, 1170 (2002)). 17 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 26 of 28 1 "According to the California Supreme Court, the UCL ‘borrows' violations of other laws and 2 treats them as unlawful practices independently actionable under the UCL.” Id. (quoting Farmers 3 Ins. Exch. v. Superior Court, 2 Cal. 4th 377, 383 (1992)). Where a ^p cannot state a claim 4 under the "borrowed” law, he cannot state a UCL claim either. See id. (dismissing UCL claim 5 where ^p failed to allege a predicate violation of law). Here, ^p fails to plead a 6 violation of any other law—let alone mention any other law—and so his cause of action under the 7 "unlawful" prong of the UCL fails. See Compl. 36-44. 8 Second, the “unfair” prong prohibits “conduct that threatens an incipient violation of an 9 antitrust law, or violates the policy or spirit of one of those laws because its effects are comparable 10 to or the same as a violation of the law, or otherwise significantly threatens or harms 11 competition.” Cel-Tech Commcʼns, Inc. v. L.A. Cellular Tel. Co., 20 Cal. 4th 163, 187 (1999). A 12 business practice is unfair when it “offends an established public policy or when the practice is 13 immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers.” Podolsky 14 15 v. First Healthcare Corp., 50 Cal. App. 4th 632, 647 (1996) (cleaned up) (citation omitted). ^p does not plausibly allege that Amazon engaged in any conduct that violates 16 established public policy, or is otherwise immoral, unethical, oppressive, unscrupulous, or 17 substantially injurious to customers. See Cel-Tech Commc’ns, Inc., 20 Cal. 4th at 187. Failing to 18 provide adequate customer service is, as a matter of law, not an unfair business practice. See, e.g., 19 Meyer v. Aabaco Small Bus., LLC, No. 5:17-cv-02102-EJD, 2018 WL 306688, at *5 (N.D. Cal. 20 Jan. 5, 2018) (finding that ^ps' allegations that their interactions with ^dfs' customer 21 service agents “may have been inconvenient, frustrating and time consuming” were “insufficient" 22 to support a UCL claim under the “unfair” prong); McKinney v. Google, Inc., No. 5:10-CV-01177 23 EJD (PSG), 2011 WL 3862120, at *7 (N.D. Cal. Aug. 30, 2011) (^ps allegations that 24 customer service was inadequate were insufficient to support a claim under the “unfair” prong). 25 Third, to state a claim under the UCL's “fraudulent” prong, a ^p needs to show that 26 members of the public are likely to be deceived. See, e.g., Shaeffer v. Califia Farms, LLC, 44 Cal. 27 App. 5th 1125, 1135 (2020) (affirming dismissal where juice label was not likely to deceive 28 reasonable consumer and, thus, was not actionable under the UCL). “By focusing on whether 18 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^cc1 Document 21 Filed 04/04/24 @ 27 of 28 1 'members of the public' are likely to be deceived, the Unfair Competition Law views the 2 challenged ad or pro~mal practice through the eyes of the ‘reasonable consumer’—that is, the 3 'ordinary consumer acting reasonably under the circumstances[.]” Id. (citation omitted); see 4 Clemens v. DaimlerChrysler Corp., 534 F.3d 1017, 1025 (9th Cir. 2008) (applying the 5 "reasonable consumer” standard). ^p does not allege that Amazon has made a single false or 6 misleading statement, or has otherwise deceived or confused the reasonable person. ^ps 7 Complaint includes no statements made by Amazon—let alone false or misleading statements— 8 and he does not allege that Amazon has engaged in conduct which has deceived or confused 9 customers. Accordingly, ^ps claims fails under the “fraudulent” prong as well. 10 Because ^p cannot satisfy any of the three prongs, his UCL claim fails and must be 11 dismissed. 12 * * * 13 ^p pleads no viable claims among his eleven causes of actions. Accordingly, the 14 Court should dismiss the Complaint in its entirety for failure to state a claim. 15 16 V. CONCLUSION For the foregoing reasons, Amazon respectfully requests that the Court dismiss ^p's 17 Complaint without leave to amend. 18 19 DATED: April 4, 2024 20   DAVIS WRIGHT TREMAINE LLP By: /s/ Mark C. Burnside Mark C. Burnside Attorneys for ^df AMAZON.COM, INC 19 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  1 2 Case ^cc1 Document 21 Filed 04/04/24 @ 28 of 28 PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 3 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566. 4 On April 4, 2024, I served the attached document(s) described as: 5 ^df ^am'S NOTICE OF ~m AND ~m TO DISMISS ^p’S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES by placing a true copy of said document(s) enclosed in a sealed envelope(s) for each addressee named below, with the name and address of the person served shown on the envelope as follows:   ^a P.O. Box 278004 11 Sacramento, CA 95827 12 Telephone: (916) 365-5434 ^e I placed such envelope(s) with postage thereon fully prepaid for deposit in the United 13 States Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service. I am familiar 14 with the office practice of Davis Wright Tremaine LLP, for collecting and processing 15 correspondence for mailing with the ~2 Postal Service, which practice is that when correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for delivering correspondence to the ~2 Postal Service, such correspondence is delivered to 16 the ~2 Postal Service that same day in the ordinary course of business. Executed on April 4, 2024, at Los Angeles, California. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. 17 18 Federal 19 20 21 Shari Sanders Print Name 22 23   Shan Sarders Signature 20 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 1 of 28 1 GEOFFREY S. BROUNELL (pro hac vice pending) geoffreybrounell@dwt.com 2 DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas, 21st Floor 3 New York, New York 10020-1104 Telephone: (212) 489-8230 4 Fax: (213) 489-8340 5 MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 6 ANNIE S. ZHANG (State Bar No. 327381) ^e1 7 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor 8 Los Angeles, California 90017-2566 Telephone: (213) 633-6800 9 Fax: (213) 633-6899 10 Attorneys for ^df ^am   14 15 ^c6 16 ^a, 17 18 V. ^p, 19 ^am, and DOES 1-50 ^dfs. Case No. ^cc1 ^df ^am’S NOTICE OF ~m AND ~m ΤΟ DISMISS ^p'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES Assigned to the ^mj Deborah Barnes 20   Date: Time: May 10, 2024 10:00 a.m. AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-0072 ^a2  1 Case ^c1 Document 21 Filed 04/04/24 @ 2 of 28 NOTICE OF ~m 2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 3 PLEASE TAKE NOTICE that on Friday, May 10, 2024, at 10:00 a.m., in Courtroom 27 of 4 the above-captioned Court, located at the Robert T. Matsui ~2 Courthouse, 501 I Street, 5 Sacramento, California 95814, ^df ^am (“Amazon”) will and hereby does move 6 the Court for an order dismissing with prejudice ^p ^a's (“^p”) 7 complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). 8 This ~m is made on three independent grounds. First, ^p's claims are barred by 9 Section 230 of the Communications Decency Act. Second, ^p's claims are barred by the First 10 Amendment of the ~2 Constitution. Third, ^p fails to state a claim upon which 11 relief may be granted. 12 This ~m is based on this notice; the concurrently filed memorandum of points and 13 authorities; all pleadings, records, and files in this action; and such evidence and argument as may be 14 presented at or before the hearing on this ~m.     i AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 3 of 28 ~toc 1 2 @ 3 I. INTRODUCTION 1 4 II. FACTUAL AND PROCEDURAL BACKGROUND.. 1 5 III. LEGAL STANDARD.. 3 6 IV. ARGUMENT 3 7 A. ^p's Claims Are Barred Under Section 230. 3 8 1. 9 2. Amazon Is a Provider of “Interactive Computer Services." ^p's Claims Treat Amazon as a Publisher. 5 5 10 3. The Offending Content Was Created by Third-Party Video Game Users. 7 11 B. 12 ^p's Claims Relating to the New World Video Game Are Barred Under the First Amendment. 7 13 C. None of ^ps Causes of Action Are Cognizable Under the Law. 9 14 1. ^p Does Not Plead the Requisite Elements for IIED Claims......... 9 15 a. ^p does not plead the requisite intent. 9 16 b. ^p does not plead extreme and outrageous conduct......... 11 17 2. ^p Does Not Plead the Requisite Elements for Gross Negligence Claims. 13 18 a. ^p does not plead a cognizable duty. 13 19 b. ^p does not plead extreme conduct. 15 20 3. 21 ^p's "Aggravated Harassment” and “Aggravated Stalking" Claims Are Not Cognizable Causes of Actions. 16 22 4. ^p Does Not Plead a Cognizable UCL Claim. 17 23 V. CONCLUSION... 19   ii AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 4 of 28 1 TABLE OF AUTHORITIES 2 @(s) 3 Cases 4 Am.-Arab Anti-Discrimination Comm. v. City of Dearborn, 418 F.3d 600 (6th Cir. 2005) 8 5 Anderson v. Fitness Int'l, LLC, 6 4 Cal. App. 5th 867 (2016) 15 7 Ashcroft v. Iqbal, 8 556 U.S. 662 (2009). 3 9 Ballard v. Uribe, 41 Cal. 3d 564 (1986) 14 10 Barnes v. Yahoo!, Inc., 11 570 F.3d 1096 (9th Cir. 2009) 3, 5, 6 12 Batzel v. Smith, 13 333 F.3d 1018 (9th Cir. 2003) 4 14 Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) 3 15 Blackshire v. County of Yuba, 16 648 F. Supp. 3d 1221 (E.D. Cal. 2023). 11 17 Bride v. Snap Inc., 18 2023 WL 2016927 (C.D. Cal. Jan. 10, 2023) 6,7 20 19 Burns v. Neiman Marcus Grp., Inc., 173 Cal. App. 4th 479 (2009) Carafano v. Metrosplash.com, Inc., 15 21 339 F.3d 1119 (9th Cir. 2003) 3,4 22 Cel-Tech Commc'ns, Inc. v. L.A. Cellular Tel. Co., 20 Cal. 4th 163 (1999) 18 23 24 Christensen v. Superior Court, 54 Cal. 3d 868 (1991) 10 25 26 City of Santa Barbara v. Superior Court, 41 Cal. 4th 747 (2007) 15 27 Clemens v. DaimlerChrysler Corp., 534 F.3d 1017 (9th Cir. 2008) 19 28 iii AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 5 of 28 1 Cochran v. Cochran, 65 Cal. App. 4th 488 (1998) 1  Ctr. for Biological Diversity v. U.S. Forest Serv., 80 F.4th 943 (9th Cir. 2023) 3 4 Daniel v. Armslist, LLC, 5 926 N.W.2d 710 (Wis. 2019). 5 6 Davidson v. City of Westminster, 32 Cal. 3d 197 (1982) 10, 11, 12, 13 7 Dillon v. Legg, 8 68 Cal. 2d 728 (1968) 14 9 Doe v. Grindr Inc., 10 2023 WL 9066310 (C.D. Cal. Dec. 28, 2023) 7 11 Dove v. PNS Stores, Inc., 982 F. Supp. 1420 (C.D. Cal. 1997) 10, 12 12 Dyroff v. Ultimate Software Grp., Inc., 13 934 F.3d 1093 (9th Cir. 2019) 4, 6, 7 14 Fair Hous. Council v. Roommates.com, LLC, 15 521 F.3d 1157 (9th Cir. 2008) 4, 5, 6 16 Farmers Ins. Exch. v. Superior Court, 2 Cal. 4th 377 (1992) 18 17 Flores v. EMC Mortg. Co., 18 997 F. Supp. 2d 1088 (E.D. Cal. 2014). 17 19 20 Frittelli, Inc. v. 350 N. Canon Drive, LP, 202 Cal. App. 4th 35 (2011) 15 21 Gonzalez v. Google, Inc., 282 F. Supp. 3d 1150 (N.D. Cal. 2017) 4 22 Green v. Am. Online (AOL), 23 318 F.3d 465 (3d Cir. 2003). 7 24 Herron v. Best Buy Co. Inc., 25 924 F. Supp. 2d 1161 (E.D. Cal. 2013). 17 26 Hughes v. Pair, 46 Cal. 4th 1035 (2009) 9, 10, 11, 12 27 Ileto v. Glock Inc., 28 349 F.3d 1191 (9th Cir. 2003) 13 iv AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 6 of 28 1 Jackson v. Airbnb, Inc., 2022 WL 16753197 (C.D. Cal. Nov. 4, 2022). 7 2 3 Jacoves v. United Merchandising Corp., 9 Cal. App. 4th 88 (1992) 13 4 Johnson v. Arden, 5 614 F.3d 785 (8th Cir. 2010) 4,5 6 Jones v. Wells Fargo Bank, 112 Cal. App. 4th 1527 (2003) 16 7 Kesner v. Superior Court, 8 1 Cal. 5th 1132 (2016) 14 9 Khoury v. Maly's of Cal., Inc., 10 14 Cal. App. 4th 612 (1993) 17 11 King v. Facebook, Inc., 572 F. Supp. 3d 776 (N.D. Cal. 2021) 12, 13 12 Klayman v. Zuckerberg, 13 753 F.3d 1354 (D.C. Cir. 2014). 6 14 Koch v. Goldway, 15 817 F.2d 507 (9th Cir. 1987) 11 16 Lewis v. Time Inc., 83 F.R.D. 455 (E.D. Cal. 1979), aff'd, 710 F.2d 549 (9th Cir. 1983). 8 17 Lozano v. AT&T Wireless Servs., Inc., 18 504 F.3d 718 (9th Cir. 2007) 17 19 McKinney v. Google, Inc., 20 No. 5:10-CV-01177 EJD (PSG), 2011 WL 3862120 (N.D. Cal. Aug. 30, 2011) 18 21 Meyer v. Aabaco Small Bus., LLC, No. 5:17-cv-02102-EJD, 2018 WL 306688 (N.D. Cal. Jan. 5, 2018) 18 22 Nemet Chevrolet, Ltd. v. Consumeraffairs.com, Inc., 23 591 F.3d 250 (4th Cir. 2009) 4,5 24 25 M.A. ex rel. P.K. v. Vill. Voice Media Holdings, LLC, 809 F. Supp. 2d 1041 (E.D. Mo. 2011). 5 26 Podolsky v. First Healthcare Corp., 50 Cal. App. 4th 632 (1996) 18 27 28 Potter v. Firestone Tire & Rubber Co., 6 Cal. 4th 965 (1993) 10 V AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 7 of 28 1 Ripplinger v. Collins, 868 F.2d 1043 (9th Cir. 1989) 2 3 Rosencrans v. Dover Images, Ltd., 192 Cal. App. 4th 1072 (2011) 4 Rowland v. Christian, 5 69 Cal. 2d 108 (1968) 6 Saunders v. Superior Court, 27 Cal. App. 4th 832 (1994) 7 Shaeffer v. Califia Farms, LLC, 8 44 Cal. App. 5th 1125 (2020) 9 Smith v. California, 10 361 U.S. 147 (1959). 11 Tarasoff v. Regents of Univ. of Cal., 8 13, 15 14 17 18 7,8 17 Cal. 3d 425 (1976) 14 12 ~2 v. U.S. Dist. Ct. for Cent. Dist. of Cal., 13 858 F.2d 534 (9th Cir. 1988) 8 14 Vasilenko v. Grace Fam. Church, 15 3 Cal. 5th 1077 (2017) 14 16 Video Software Dealers Assʼn v. Webster, 968 F.2d 684 (8th Cir. 1992) 8 17 Walker v. Countrywide Home Loans, Inc., 18 98 Cal. App. 4th 1158 (2002) 17 19 Whitlock v. Pepsi Americas, 20 681 F. Supp. 2d 1116 (N.D. Cal. 2010) 10 21 Yurick v. Superior Court, 209 Cal. App. 3d 1116 (1989). 11, 12 22 Zeran v. America Online, 23 129 F.3d 327 (4th Cir. 1997) 4   vi AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 8 of 28 1 Statutes 2 47 U.S.C. § 230... 3 passim § 230(a)(3) 3 4 § 230(b)(2) 3 § 230(c) 4 5 § 230(c)(1) 4 § 230(f)(2) 5 6 California Business & Professions Code § 17200, et seq. (Unfair Competition Law).......... passim 7 8 California Civil Code § 1708.7(a)(1). 16 9 California Code of Civil Procedure § 527.6(b)(3) 16 10 Rules 11 Federal Rule of Civil Procedure 12(b)(6) Constitutional Provisions 12 13 U.S. Constitution, amend. I. 14     vii AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729 9 1, 3, 7, 8  1 2 Case ^c1 Document 21 Filed 04/04/24 @ 9 of 28 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION This case arises out of ^p ^a's (“^p”) dissatisfaction with 3 4 an online video game called New World, published by Amazon Games. Although the allegations 5 are scattered, the gravamen of ^p's Complaint appears to be twofold: he alleges that (1) a 6 specific game mechanism within New World allowed players to "cyberbully” him, which resulted 7 in medical injuries relating to his disability, see Compl. ¶¶ 26–32; and (2) Amazon worked in 8 concert with management at Discord, Inc. (“Discord”), a third-party social media platform, to 9 suspend ^p's Discord account. See id. ¶¶¶ 52–60. ^p alleges that Amazon's actions 10 exacerbated his various medical conditions, including congestive heart failure. Id. ¶ 16. He seeks 11 upwards of $77 billion dollars in damages from Amazon for intentional infliction of e~mal 12 distress and gross negligence, among other claims. Id., Section VII. 13 ^p's Complaint fails for three separate reasons. First, Section 230 of the 14 Communications Decency Act (“CDA”) bars all of ^p's claims relating to the actions of 15 video game users on New World against Amazon. Second, the First Amendment of the United 16 States Constitution likewise bars these claims. Third, and finally, ^p pleads no facts 17 suggesting any of his claims are cognizable under the law. For any or all of these reasons, the 18 Court should dismiss ^p's Complaint without leave to amend. 19 20 II. FACTUAL AND PROCEDURAL BACKGROUND On January 9, 2024, ^p, appearing pro se, filed a Complaint in Sacramento County 21 Superior Court against ^df ^am (“Amazon”), alleging eleven causes of 22 action. See generally Compl. Some of these eleven causes of actions are duplicated, but, in sum, 23 he alleges: four intentional infliction of e~mal distress (“IIED”) claims; four gross negligence 24 claims; one claim under the Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200; 25 one claim for "aggravated harassment,” and one claim for “aggravated stalking.” See id. 26 ^p asserts that ^am (“Amazon”) is the parent company of Amazon 27 Games, which publishes the online video game New World. Id. ¶ 15. ^p alleges that from 28 May 2023 through November 2023, he experienced “acts of aggravated cyber harassment, 1 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 10 of 28 1 aggravated cyberstalking, and aggravated cyber bullying" by other players on New World. Id. 2 According to ^p, Amazon “facilitated these actions by creating an online environment to 3 facilitate stalking, cyberbullying, harassment, and the intentional infliction of e~mal distress." 4 Id. 26. Specifically, ^p blames a game mechanism called Dynamic Difficulty Scaling 5 ("DDS"), which contains a “terrible design flaw." Id. ¶¶¶ 27, 29. ^p claims to have 6 contacted Amazon on multiple occasions to complain about this issue, but Amazon employees 7 allegedly "ignored his pleas for help.” Id. ¶¶ 17. 8 Separately, ^p alleges issues related to his Discord account. Id. ¶¶¶ 52–60. For 9 context, Discord is a third-party social media platform used primarily by video game players. See 10 id. 5. Discord is divided into “servers” for people who share a common interest. Id. ^p's 11 dispute centers around a specific server, the New World Official Discord, which he alleges is 12 managed by an Amazon employee. Id. ¶ 18. ^p claims that on November 8, 2023, he 13 engaged users “in the New World Official Discord in a friendly game related discussion, when . . . 14 he was [] forcibly timed out” by a Discord administrator. Id. ¶¶ 52. ^p alleges that “he was 15 permanently banned for nothing” and suffered “intense anxiety and fear” as a result of the ban. Id. 16 55. 17 ^p alleges that as a result of these issues, on November 20, 2023, he was hospitalized 18 and diagnosed with congestive heart failure. Id. 21. Specifically, ^p attributes his health 19 conditions to “being harassed within New World, [ ] by [various Amazon] [e]mployees 20 random players” on New World. Id. ¶¶¶ 22-23. 21 and ^p seeks injunctive relief preventing Amazon from “retaliating against ^p in the 22 form of banning, abridging, suspending, or in any way negatively altering current and existing 23 [Amazon] services which are presently in good standing." Id., Section VI. He also seeks "past, 24 present, and future lost earnings[;] . . . medical expenses to secure future heart, lung, and kidney 25 transplants[;] emergency funeral expenses if ^p passes away at any time due to 26 complications[;] $7 billion in compensatory damages, and . . . $70 billion in punitive and 27 exemplary damages.” See id. 28 2 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  1 Case ^c1 Document 21 Filed 04/04/24 @ 11 of 28 On March 8, 2024, Amazon timely removed to this Court based on diversity jurisdiction. 2 See ECF 1. Amazon now moves to dismiss ^p's baseless Complaint with prejudice.¹ 3 III. LEGAL STANDARD 4 To survive a ~m to dismiss, a complaint must state a claim that is “plausible on its 5 face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Courts require “more than labels 6 and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Id. at 7 555. A claim for relief requires “factual content that allows the court to draw the reasonable 8 inference that the ^df is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 9 678 (2009). The plausibility inquiry is a “context-specific task that requires the reviewing court to 10 draw on its judicial experience and common sense.” Id. at 679. Dismissal should be with 11 prejudice where amendment would be futile. See, e.g., Ctr. for Biological Diversity v. U.S. Forest 12 Serv., 80 F.4th 943, 956 (9th Cir. 2023). 13 14 IV. ARGUMENT ^p's claims fail for three reasons. First, Section 230 of the Communications 15 Decency Act (“CDA”) bars ^p's claims relating to New World. Second, the First 16 Amendment of the ~2 Constitution bars ^p's claims relating to New World. 17 Third, ^p pleads no facts suggesting any of his claims are cognizable under the law. 18 Accordingly, the Court should dismiss ^p's Complaint without leave to amend. 19 20 A. ^p's Claims Are Barred Under Section 230. Section 230 "provides broad immunity” for claims against interactive computer service 21 providers “for publishing content provided primarily by third parties." Carafano v. 22 Metrosplash.com, Inc., 339 F.3d 1119, 1123 (9th Cir. 2003). Enacted to bolster First Amendment 23 protections online, the statute exists “to promote the free exchange of information and ideas over 24 the Internet.” Barnes v. Yahoo!, Inc., 570 F.3d 1096, 1099-1100 (9th Cir. 2009) (cleaned up); see 25 47 U.S.C. § 230(a)(3), (b)(2). To do so, Congress “established a general rule that providers of 26 interactive computer services are liable only for speech that is properly attributable to them." 27 28 ¹ ^p has also filed three ~ms to remand. ECF 4, 7, 9. Amazon filed an opposition brief for all three ~ms. ECF 16. 3 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 12 of 28 1 Johnson v. Arden, 614 F.3d 785, 791 (8th Cir. 2010) (quoting Nemet Chevrolet, Ltd. v. 2 Consumeraffairs.com, Inc., 591 F.3d 250, 254 (4th Cir. 2009)). 3 The statute must be construed “in favor of immunity.” Fair Hous. Council v. 4 Roommates.com, LLC, 521 F.3d 1157, 1170-71, 1174 (9th Cir. 2008) (en banc). And because the 5 law "protect[s] websites not merely from ultimate liability, but [also] from having to fight costly 6 and protracted legal battles,” Roommates, 521 F.3d at 11175, “[w]hen a ^p cannot allege 7 enough facts to overcome Section 230 immunity, a ^p's claims should be dismissed.” 8 Dyroff v. Ultimate Software Grp., Inc., 934 F.3d 1093, 1097 (9th Cir. 2019). As the Ninth Circuit 9 has noted: 10   14   Congress made a policy choice not to deter harmful online speech through the separate route of imposing tort liability on companies that serve as intermediaries for other parties' potentially injurious messages."
   },
   {
     "id": 7,
     "text": "Congress' purpose in providing the § 230 immunity was thus evident. Interactive computer services have millions of users. The amount of information communicated via interactive computer services is therefore staggering. The specter of tort liability in an area of such prolific speech would have an obvious chilling effect. It would be impossible for service providers to screen each of their millions of postings for possible problems. Faced with potential liability for each message republished by their services, interactive computer service providers might choose to severely restrict the number and type of messages posted. Congress considered the weight of the speech interests implicated and chose to immunize service providers to avoid any such restrictive effect. Carafano, 339 F.3d at 1123-24 (quoting Zeran v. America Online, 129 F.3d 327, 330-31 (4th Cir. 18 1997)) (citation omitted); see also Batzel v. Smith, 333 F.3d 1018, 1027 (9th Cir. 2003) (quoting 19 Zeran with approval). Under § 230(c), therefore, so long as a third party willingly provides the 20 essential published content, the interactive service provider receives full immunity regardless of the 21 specific editing or selection process. 22 "This guidance emphasizes that Section 230(c)(1) is implicated not only by claims that 23 explicitly point to third party content but also by claims which, though artfully pleaded to avoid 24 direct reference, implicitly require recourse to that content to establish liability or implicate a 25 ^df's role, broadly defined, in publishing or excluding third party communications.” 26 Gonzalez v. Google, Inc., 282 F. Supp. 3d 1150, 1164 (N.D. Cal. 2017) (quotation marks and 27 citation omitted). This rule prevents ^ps from using "artful pleading' to state their claims 28 only in terms of the interactive computer service provider's own actions, when the underlying basis 4 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 13 of 28 1 for liability is unlawful third-party content published by the ^df." Daniel v. Armslist, LLC, 2 926 N.W.2d 710, 724 (Wis. 2019); accord M.A. ex rel. P.K. v. Vill. Voice Media Holdings, LLC, 3 809 F. Supp. 2d 1041, 1058 (E.D. Mo. 2011) (dismissing claims “artfully and eloquently" pleaded 4 "to avoid the reach of § 230"). And because Section 230 “protect[s] websites not merely from 5 ultimate liability, but [also] from having to fight costly and protracted legal battles,” Roommates, 6 521 F.3d at 1175, the immunity attaches “at the earliest possible stage of the case,” Nemet 7 Chevrolet, Ltd., 591 F.3d at 255—including on ~ms to dismiss, e.g., Johnson, 614 F.3d at 792. 8 A three-part test governs Section 230 immunity. The statute bars any claim where: (1) the 9 ^df is a “provider of an interactive computer service”; (2) the claims would treat the 10 ^df as the “publisher” of the relevant content; and (3) the content was “provided by another 11 information content provider.” Barnes, 570 F.3d at 1100–01; accord Johnson, 614 F.3d at 790 12 (applying same test). Each of these conditions is satisfied by Amazon. Accordingly, the entire 13 Complaint is barred by Section 230. 14 15 1. Amazon Is a Provider of “Interactive Computer Services." Section 230 defines “interactive computer service” to include “any information service, 16 system, or access software provider that provides or enables computer access by multiple users to a 17 computer server.” 47 U.S.C. § 230(f)(2). ^p alleges that Amazon, through New World, 18 "created an online environment” for players to connect through a video game. See id. ¶¶ 26. 19 ^p's claims are not premised on the physical attributes of any gaming device; they are premised, 20 rather, on access that Amazon provided to New World. Because New World is an “information 21 service, system, or access software provider that provides or enables computer access by multiple 22 23 24 users to a computer server,” it is an interactive computer service. 47 U.S.C. § 230(f)(2). 2. ^p's Claims Treat Amazon as a Publisher. The Ninth Circuit construes the phrase “treated as the publisher" to reach any claim that 25 "involves reviewing, editing, and deciding whether to publish or to withdraw from publication third- 26 party content.” Barnes, 570 F.3d at 1102. What matters “is not the name of the cause of action," but 27 whether the substantive “duty” the claim seeks to impose “inherently requires the court to treat the 28 ^df as the ‘publisher or speaker' of content provided by another.” Id. at 1101–02. A ^p 5 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 14 of 28 1 accordingly “cannot sue someone for publishing third-party content simply by changing the name of 2 the theory.” Id. at 1102; see also Roommates.com, 521 F.3d at 1170-71 (“any activity that can be 3 boiled down to deciding whether to exclude material that third parties seek to post online is perforce 4 immune under section 230"). 5 ^p's claims fall squarely within this protection. Through various causes of action, 6 ^p seeks to impose liability on Amazon based on its role publishing and transmitting 7 allegedly harmful user-generated messages within the New World video game. This theory falls 8 in the heartland of Section 230 because it seeks to premise liability on Amazon's alleged 9 publication and dissemination of the third-party speech it makes available on its services. This 10 theory targets core publisher activity and is thus barred under Section 230. See, e.g., Barnes, 570 11 F.3d at 1102 (“publication involves reviewing, editing, and deciding whether to publish or to 12 withdraw from publication third-party content"); see also Dyroff, 934 F.3d at 1097-98 (claim treated 13 ^df as a publisher where the alleged liability derived from “features and functions” that 14 enabled user to transmit allegedly harmful communications to the ^p's son). The only way 15 Amazon could avoid liability on ^p's theory is by declining to publish the allegedly harmful 16 user messages, and by monitoring all content available on its platforms to ensure that access to any 17 harmful content here, “cyberbullying"—is removed. Section 230 protects online services from 18 exactly this type of claim. See, e.g., Bride v. Snap Inc., 2023 WL 2016927, at *1-2, 5-6 (C.D. Cal. 19 Jan. 10, 2023) (Section 230 barred claim that Snapchat's features enabled “bullying and harassment” 20 of ^p by other users). The statute was "enacted to protect websites against the evil of liability 21 for failure to remove offensive content.” Fair Hous. Council, 521 F.3d at 1174. Thus in Barnes, 22 570 F.3d at 1103 the Ninth Circuit affirmed dismissal of claims predicated on Yahoo's failure to 23 remove allegedly injurious content. So too here. See also Klayman v. Zuckerberg, 753 F.3d 1354, 24 1359 (D.C. Cir. 2014) (“the very essence of publishing is making the decision whether to print or 25 retract a given piece of content”) (emphasis added). 26 It also makes no difference that ^p brings claims under different (fictitious or real) labels: 27 intentional infliction of e~mal distress, “aggravated harassment,” “aggravated stalking,” gross 28 negligence, or violations of the Unfair Competition Law. Each claim targets the publication, 6 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 15 of 28 1 monitoring, and removal of content of third-party players on New World—“actions quintessentially 2 related to a publisher's role.” Green v. Am. Online (AOL), 318 F.3d 465, 471 (3d Cir. 2003); accord, 3 e.g., Doe v. Grindr Inc., 2023 WL 9066310, at *4 (C.D. Cal. Dec. 28, 2023) (holding Section 230 4 applied to Doe's claims because “the alleged 'defect” was "only relevant to Doe's injury to the 5 extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe 6 seeks to hold Grindr liable for its failure to regulate third party content"). 7 8 3. The Offending Content Was Created by Third-Party Video Game Users. The third condition for Section 230 protection is easily satisfied. As with the Bride 9 cyberbullying ^p whose claims were barred by Section 230, ^p's claims also concern 10 "harassing” comments posted by other New World “users,” not content that originated with Amazon 11 itself. 2023 WL 2016927, at *6 (Section 230 applied because Snapchat “did not create or develop 12 the harassing and explicit messages that led to the harm suffered by ^ps; the sending users 13 did") (citing Dyroff, 934 F.3d at 1098). Nowhere in the Complaint does ^p allege—let alone 14 suggest-facts that implicate Amazon as being directly involved in “cyberbullying” ^p. “The 15 accusation here is fundamentally that [Amazon] should have monitored and curbed third-party 16 content." See Jackson v. Airbnb, Inc., 2022 WL 16753197, at *2 (C.D. Cal. Nov. 4, 2022). Section 17 230 bars such claims. B. ^p's Claims Relating to the New World Video Game Are Barred Under the First Amendment. 18 19 20 Even if not barred under Section 230, ^p's claims relating to the New World video 21 game are independently barred under the First Amendment and should be dismissed. 22 The First Amendment prohibits holding a forum for speech liable for the content it 23 publishes without proof that the forum at least had "knowledge of the contents" of the speech 24 in question. Smith v. California, 361 U.S. 147, 149 (1959). Because ^p's claims fail to 25 allege Amazon knew of the speech at issue—the alleged cyberbullying from New World video 26 game players-^p's claims run afoul of this rule. 27 In Smith, the Supreme Court invalidated a law holding booksellers strictly liable for selling 28 "obscene" books because it would have resulted in self-censorship. The problem was “[t]he 7 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 16 of 28 1 bookseller's limitation in the amount of reading material with which he could familiarize 2 himself." 361 U.S. at 153-54. If the bookseller could be liable merely for hosting offensive 3 speech, the Court reasoned, the risk of liability “would tend to restrict the public's access to forms 4 of the printed word” and “have the collateral effect of inhibiting the freedom of expression by 5 making the individual the more reluctant to exercise it.” Id. at 151, 153-54. 6 Under Smith, a “distributor” of speech may “not be punished if he did not have some 7 'knowledge of the contents' of the allegedly” unlawful material. ~2 v. U.S. Dist. Ct. for 8 Cent. Dist. of Cal., 858 F.2d 534, 539 (9th Cir. 1988) (citation omitted); see also Am.-Arab Anti- 9 Discrimination Comm. v. City of Dearborn, 418 F.3d 600, 611 (6th Cir. 2005) (under Smith, “any” 10 law that "chills the exercise of First Amendment rights must contain a knowledge element") 11 (quoting Video Software Dealers Ass'n v. Webster, 968 F.2d 684, 690 (8th Cir. 1992)). Thus, in 12 Lewis v. Time Inc., 83 F.R.D. 455, 464-65 (E.D. Cal. 1979), aff’d, 710 F.2d 549 (9th Cir. 1983), 13 the ^p failed to state a claim against distributors of Time Magazine because "n[o] specific 14 facts" were “alleged to show that the distributor ^dfs had knowledge of the defamatory 15 nature" of the speech published. “[T]here can be no liability” in “any lawsuit" against a 16 "distributor” of third-party speech consistent with “[t]he high standards required by the First 17 Amendment,” the court found, “absent scienter” and “specific factual allegations concerning 18 actual knowledge." Id. at 465. 19 21 The First Amendment bars ^p's claims. ^p does not allege Amazon knew the 20 contents of the alleged communications between ^p and his cyberbullies. Rather, ^p appears to claim Amazon should have known about these communications because it “facilitated” 22 the proliferation of these communications when it “create[ed] an online environment” which 23 permitted cyberbullying. Compl. 26. In such circumstances, permitting ^p to impose 24 "liability on a publisher” like Amazon for enabling him to communicate with New World video 25 game players who cyberbullies him “would have an undoubted chilling effect on speech.” U.S. 26 Dist. Ct., 858 F.2d at 539 (citation omitted); see also Ripplinger v. Collins, 868 F.2d 1043, 1056 27 (9th Cir. 1989) (provision permitting liability against distributors who “should know" speech 28 contains obscenity “unduly chills" speech). 8 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 17 of 28 1 C. None of ^ps Causes of Action Are Cognizable Under the Law. 2 As explained in more detail below, ^p fails to adequately plead any of his eleven 3 causes of action. Accordingly, the Court should dismiss ^p's Complaint for failure to state a 4 claim pursuant to Federal Rule of Civil Procedure 12(b)(6). 5 1. ^p Does Not Plead the Requisite Elements for IIED Claims. 6 ^p asserts IIED claims for his first, fifth, sixth, and seventh causes of action. See 7 generally Compl. Although unclear, it appears that he is asserting different theories of liability for 8 each claim. See id. 9 Under any theories of liability, ^p fails to state a claim for IIED. To plead a viable 10 IIED claim, a ^p must allege facts showing: (1) “extreme and outrageous conduct by the 11 ^df with the intention of causing, or reckless disregard of the probability of causing, 12 e~mal distress; (2) the ^ps suffering severe or extreme e~mal distress; and (3) actual 13 and proximate causation of the e~mal distress by the ^df's outrageous conduct.” 14 Hughes v. Pair, 46 Cal. 4th 1035, 1050 (2009). For ^ps asserting an IIED claim, the 15 California Supreme Court “has set a high bar." Id. at 1051. 16 Construing these facts in the best possible light, ^p's allegations boil down to two 17 categories: (1) Amazon designed a specific game mechanic that ^p wants Amazon to 18 remove from the game; and (2) Amazon banned ^p from the New World Official Discord 19 and continues to deny him access to that server. See generally Compl. Neither category of 20 allegations amount to an IIED claim for at least two reasons. First, ^p pleads no facts 21 suggesting that Amazon acted with the requisite intent to cause him e~mal distress. Second, 22 Amazon's alleged conduct is neither extreme nor outrageous by any objective measure. 23 24 a. ^p does not plead the requisite intent. ^p pleads no facts suggesting that Amazon acted with the intent or reckless disregard 25 required for an IIED claim. He cannot show that Amazon engaged in intentional conduct directed 26 towards him, nor can he show that Amazon acted with the intention of causing, or in reckless 27 disregard of the probability of causing ^p e~mal distress. 28 9 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  1 Case ^c1 Document 21 Filed 04/04/24 @ 18 of 28 ^p cannot show that Amazon engaged in any conduct directed towards him. Under 2 California law, ^p must plead that Amazon intentionally engaged in conduct directed 3 primarily at ^p. See Potter v. Firestone Tire & Rubber Co., 6 Cal. 4th 965, 1002 (1993). 4 As the California Supreme Court has long held, “it is not enough that the conduct be intentional 5 and outrageous.” Id. (alteration omitted) (quoting Christensen v. Superior Court, 54 Cal. 3d 868, 6903 (1991)). “It must be conduct directed at the ^p, or occur in the presence of a ^p of 7 whom the ^df is aware.” Id. (quoting Christensen, 54 Cal. 3d at 903); see, e.g., Whitlock v. 8 Pepsi Americas, 681 F. Supp. 2d 1116, 1121–22 (N.D. Cal. 2010) (a ^p asserting an IIED 9 claim faces a “heavy burden” to establish the ^df's knowledge “of these particular 10 ^ps" (citation omitted)). 11 Here, ^p alleges that a game mechanic in New World allowed other players to harass 12 or bully him, but he has not articulated, nor he could articulate, facts which would suggest that 13 Amazon designed the game with the intention of achieving such an attenuated outcome. Before 14 ^p filed this Complaint, Amazon was not even aware of ^p, much less engaged in 15 conduct directed at him. See Whitlock, 681 F. Supp. 2d at 1122–23 (granting ^dfs summary 16 judgment where ^ps could not show that ^dfs were aware of ^ps' presence at the 17 time of ^dfs' conduct). 18 Further, ^p cannot plead that Amazon acted “with the intention of causing, or 19 reckless disregard of the probability of causing” e~mal distress to ^p. Hughes, 46 Cal. 20 4th at 1050. To support an IIED claim, the ^df must have acted “with the intent to inflict 21 injury or with the realization that injury will result.” Dove v. PNS Stores, Inc., 982 F. Supp. 1420, 22 1425 (C.D. Cal. 1997); accord Davidson v. City of Westminster, 32 Cal. 3d 197, 210 (1982). 23 "Where there is no intent to inflict e~mal distress, the ^df is entitled to judgment." 24 Dove, 982 F. Supp. at 1425. ^p's IIED claim arising out of Amazon's design of the game 25 fails because Amazon did not design the game with the intention of inflicting injury on ^p. 26 ^p's IIED claims arising out of his Discord suspension should be treated the same. 27 Regardless of his subjective evaluation of his experience with these customer service 28 representatives, ^p has not pleaded facts sufficient to show how or why Amazon would have 10 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 19 of 28 1 banned him with the intention of causing him e~mal distress. Based on ^p's own facts, 2 it is implausible that Amazon would choose to “target” one player specifically for the purpose of 3 causing him injury. See Davidson, 32 Cal. 3d at 210 (^p who was stabbed in a public 4 laundromat that was under public surveillance failed to state an IIED claim against ^df 5 police officers because they did not act or fail to act "as they did for the purpose of causing 6 e~mal injury to [the ^p]"); see id. (“[a]bsent an intent to injure,” a ^df's conduct 7 does not give rise to liability for an IIED claim). ^p has pleaded no facts suggesting any 8 other story other than the simple, straightforward one: Amazon revoked ^p's access to the 9 Discord server because ^p violated Amazon's terms of service or Discord's community 10 guidelines, and not because Amazon wanted to “directly harass[]" him. See Compl. ¶ 53. Thus,   ^p fails to adequately plead the requisite intent for his IIED claims. b. ^p does not plead extreme and outrageous conduct. Even if ^p could plead the requisite intent—which he cannot—Amazon's alleged 14 conduct does not rise to the level of “extreme and outrageous" as required for an IIED claim. 15 Generally, “[l]iability for intentional infliction of e~mal distress does not extend to mere insults, 16 indignities, threats, annoyances, petty oppressions, or other trivialities.” Hughes, 46 Cal. 4th at 17 1051 (internal quotation marks and citation omitted). A ^df's conduct is “outrageous” when 18 it is "so extreme as to exceed all bounds of that usually tolerated in a civilized community." Id. at 19 1050-51 (internal quotation marks and citation omitted). “[C]onduct will be found to be actionable 20 where the recitation of the facts to an average member of the community would arouse his 21 resentment against the actor, and lead him to exclaim, ‘Outrageous!” Blackshire v. County of Yuba, 22 648 F. Supp. 3d 1221, 1240 (E.D. Cal. 2023) (internal quotation marks omitted) (quoting Cochran 23 v. Cochran, 65 Cal. App. 4th 488, 494 (1998)). Examples of conduct which California courts have 24 concluded do not rise to the level of extreme and outrageous include a ^df's “reprehensible 25 vicious slur" about the ^p likening him to a Nazi war criminal, Koch v. Goldway, 817 26 F.2d 507, 510 (9th Cir. 1987); a ^df graphically threatening ^p by placing message on 27 answering machine, Cochran, 65 Cal. App. 4th at 499; a ^df repeatedly saying ^p was 28 senile and a liar in front of co-workers, Yurick v. Superior Court, 209 Cal. App. 3d 1116, 1127-29 11 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 20 of 28 1 (1989); and police officers watching ^p's stabbing and failing to intervene, Davidson, 32 Cal. 2 3d at 201, 210. 3 ^p's allegations do not come close to even these failed examples. ^p is 4 complaining about a game mechanic, which, although expressed in more serious terms like “cyber 5 harassment” and “cyberbullying,” describe the conduct of third parties, not of Amazon. See 6 Compl. 29 (“^p was relentlessly harassed, stalked, and cyber bullied in the New World 7 game, published by Amazon Games[.]”). Amazon has not done anything except publish a game 8 9 subjective belief that New World has become unplayable for certain players like himself is not 10 actionable against Amazon as the game publisher. See id. (alleging that "one player has the and let people play that game, which cannot possibly constitute outrageous conduct. ^p's 11 power to ruin the fun for everyone else” and “force[ ] [players] to play a game they can never 12 win"). The solution to ^ps problem is simple: if ^p does not like how the video game 13 is being run, he should stop playing. 14 ^p's claims related to the New World Official Discord fail for similar reasons. First 15 and foremost, it is simply black-letter law that a social media company is not liable for IIED when 16 it disables a user's account due to a purported violation of the platform's community standards. 17 See King v. Facebook, Inc., 572 F. Supp. 3d 776, 785–86 (N.D. Cal. 2021) (dismissing social 18 media user's IIED claim with prejudice because Facebook's conduct in banning user was not 19 outrageous as a matter of law). Second, ^p's allegations do not rise above the level of “mere 20 insults, indignities, threats, annoyances, petty oppressions, or other trivialities.” Hughes, 46 Cal. 21 4th at 1051 (internal quotation marks omitted). 22 23 According to ^p, when he complained about his Discord suspension to an Amazon customer service representative, the representative told ^p to “leave the server.” Compl. 24 53. Although ^p perceived this comment as “unsympathetic," id. ¶¶ 48, it is a far cry from 25 any statement or conduct California courts have found actionable. See, e.g., Dove, 982 F. Supp. at 26 1425-27 (supervisor's comments that employee's complaints were “all in his head” and that he 27 wished the employee would quit were not sufficiently outrageous or extreme to state an IIED 28 claim); Yurick, 209 Cal. App. 3d at 1124–25, 1129 (supervisor's comments that employee was 12 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 21 of 28 1 senile and a liar in front of coworkers on multiple occasions were not outrageous as a matter of 2 law). In sum, ^p fails to adequately plead any extreme or outrageous conduct for his IIED 3 claims. 4 5 * * * For the two independent reasons articulated above, the Court should dismiss ^p's 6 IIED claims with prejudice for failure to state a claim. See King, 572 F. Supp. 3d at 786. 7 2. 8 ^p Does Not Plead the Requisite Elements for Gross Negligence Claims. ^p asserts gross negligence claims for his second, fourth, tenth, and eleventh causes 9 of action. See generally Compl. As with his IIED claims, ^p broadly alleges two theories of 10 liability: (1) Amazon designed a game mechanic which permitted other players to harass and bully 11 ^p, see id. ¶¶ 45; and (2) Amazon failed to restore ^p's access to the New World 12 Official Discord, see id. ¶¶ 93. Neither theory supports a viable gross negligence claim for at least 13 two reasons. First, ^p does not plausibly allege that Amazon owed ^p a legal duty of 14 15 care. Second, Amazon's alleged conduct is not extreme. "Gross negligence is pleaded by alleging the traditional elements of negligence: duty, 16 breach, causation, and damages.” Rosencrans v. Dover Images, Ltd., 192 Cal. App. 4th 1072, 17 1082 (2011). A ^p must not only satisfy these elements, but they must also show “extreme 18 conduct on the part of the ^df." Id. 19 20 a. ^p does not plead a cognizable duty. ^p does not plausibly allege that Amazon owed him a legal duty of care. “As a 21 general rule, one owes no duty to control the conduct of another, nor to warn those endangered by 22 such conduct." Davidson, 32 Cal. 3d at 203. Whether a legal duty arises “is a question of law 23 which is simply an expression of the sum total of the policy considerations that lead a court to 24 conclude that a particular ^p is entitled to protection.” Ileto v. Glock Inc., 349 F.3d 1191, 25 1203 (9th Cir. 2003) (quoting Jacoves v. United Merchandising Corp., 9 Cal. App. 4th 88, 114 26 (1992)). In determining whether policy considerations weigh in favor of imposing a duty, courts 27 consider the following factors: 28 13 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729    5 Case ^c1 Document 21 Filed 04/04/24 @ 22 of 28 the foreseeability of harm to the ^p, the degree of certainty that the ^p suffered injury, the closeness of the connection between the ^df's conduct and the injury suffered, the moral blame attached to the ^df's conduct, the policy of preventing future harm, the extent of the burden to the ^df and consequences to the community of imposing a duty to exercise care with resulting liability for breach, and the availability, cost, and prevalence of insurance for the risk involved. 6 Rowland v. Christian, 69 Cal. 2d 108, 113 (1968). The first three factors address the 7 foreseeability of the relevant injury, while the other four “take into account public policy 8 concerns that might support excluding certain kinds of ^ps or injuries from relief.” 9 Vasilenko v. Grace Fam. Church, 3 Cal. 5th 1077, 1085 (2017) (quoting Kesner v. Superior 10 Court, 1 Cal. 5th 1132, 1145 (2016)). None of these factors justifies imposing a legal duty on 11 Amazon. 12 “[T]he chief element in determining whether [a] ^df owes a duty or an obligation to 13 ^p is the foreseeability of the risk.” Dillon v. Legg, 68 Cal. 2d 728, 740 (1968); see Tarasoff 14 v. Regents of Univ. of Cal., 17 Cal. 3d 425, 434–35 (1976) (“The most important of these 15 considerations in establishing duty is foreseeability.”). To determine duty, a court does not decide 16 if "a particular ^p's injury was reasonably foreseeable in light of a particular ^df's 17 conduct" but rather evaluates more generally if “the category of negligent conduct at issue is 18 sufficiently likely to result in the kind of harm experienced.” Ballard v. Uribe, 41 Cal. 3d 564, 19 572 n.6, 573 (1986). 20 Here, ^p's injury was not reasonably foreseeable in light of Amazon's limited role as 21 the publisher of the video game. Just because Amazon designed the game to scale in difficulty as 22 a player progresses within the game does not mean that Amazon knew or should have known that 23 other players would use this game mechanic to harm ^p. See Compl. 29. Amazon should 24 not be held responsible because other players “ruin[ed] the fun” for ^p. Id. Moreover, the 25 closeness of the connection between Amazon's conduct and ^p's injury is highly attenuated. 26 See Vasilenko, 3 Cal. 5th at 1086 (this factor “accounts for third-party or other intervening 27 conduct"). Amazon cannot possibly police all third parties who play its games, and the other 28 players' intervening conduct severs any connection to ^p's injury. See id. In other words, 14 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 23 of 28 1 third parties caused ^p's injury-not Amazon. Given that the alleged harm was not 2 reasonably foreseeable to Amazon, the Court should decline to find a duty. To hold otherwise 3 "would stretch the concept of foreseeability of harm in determining duty beyond recognition." 4 Burns v. Neiman Marcus Grp., Inc., 173 Cal. App. 4th 479, 489 (2009). Amazon does not owe 5 ^p a legal duty of care to safeguard against gameplay that hurts ^p's feelings. 6 7 b. ^p does not plead extreme conduct. Even if ^p could show that Amazon owed him a duty of care, Amazon's alleged 8 conduct is not “extreme,” as required for a gross negligence claim. See Rosencrans, 192 Cal. 9 App. 4th at 1082. To support a theory of gross negligence, a ^p must allege facts showing 10 "either a want of even scant care or an extreme departure from the ordinary standard of conduct.” 11 Anderson v. Fitness Int'l, LLC, 4 Cal. App. 5th 867, 881 (2016) (cleaned up) (quoting City of 12 Santa Barbara v. Superior Court, 41 Cal. 4th 747, 754 (2007)). “[C]ourts have held that conduct 13 that substantially or unreasonably increased the inherent risk of an activity or actively concealed a 14 known risk could amount to gross negligence[.]” Id. “Evidence of conduct that evinces an 15 extreme departure from . . . an industry standard also could demonstrate gross negligence.” Id. 16 Conversely, “mere nonfeasance, such as the failure to discover a dangerous condition or to 17 perform a duty,” typically does not rise to the level of gross negligence. Id. (cleaned up) (quoting 18 Frittelli, Inc. v. 350 N. Canon Drive, LP, 202 Cal. App. 4th 35, 48 (2011)). 19 ^p offers no facts to show that either Amazon's design of the New World game or its 20 alleged failure to provide helpful customer service constituted gross negligence. ^p's gross 21 negligence claims arising from Amazon's game design fail because he does not plausibly allege 22 how increasing the difficulty of New World as a player progresses is linked in any way to the 23 cyberbullying inherent in online video game interactions. ^p also does not allege facts 24 demonstrating that Amazon's inclusion of the game mechanic constituted an extreme departure 25 from gaming standards or that Amazon actively concealed a known dangerous condition. 26 ^p's claims arising from Amazon's unhelpful customer service similarly fail because he 27 does not allege facts demonstrating a want of even scant care or an extreme departure from the 28 ordinary standard of conduct. At most, ^p's allegations suggest that Amazon's customer 15 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 24 of 28 1 service representatives “neglected to escalate or provide support" for ^p's issues. See 2 Compl. 93. These allegations of poor customer service are plainly insufficient to support a gross 3 negligence claim. 4 * * * 5 For the two independent reasons articulated above, the Court should dismiss ^p's 6 gross negligence claims with prejudice. See Jones v. Wells Fargo Bank, 112 Cal. App. 4th 1527, 7 1541-42 (2003) (affirming dismissal of gross negligence claim, among other claims, without leave 8 to amend). 9 3. 10 11 ^ps "Aggravated Harassment” and “Aggravated Stalking” Claims Are Not Cognizable Causes of Actions. ^p's eighth and ninth causes of action are for “aggravated harassment” and 12 "aggravated stalking,” respectively. “Aggravated harassment” and “aggravated stalking” do not 13 appear to be recognized causes of action under California law. For this reason alone, the Court 14 should dismiss for failure to state a claim. Construing ^p's claims broadly as he is a pro se 15 litigant, Amazon will also address the closest approximate torts recognized in California civil 16 harassment and stalking—which even if so generously construed, fail for the reasons stated below. 17 "Harassment” is “unlawful violence, a credible threat of violence, or a knowing and willful 18 course of conduct directed at a specific person that seriously alarms, annoys, or harasses the 19 person, and that serves no legitimate purpose.” Cal. Civ. Proc. Code § 527.6(b)(3). “The course 20 of conduct must be such as would cause a reasonable person to suffer substantial e~mal 21 distress.. . .” Id. Stalking requires “a pattern of conduct the intent of which was to follow, alarm, 22 place under surveillance, or harass the ^p.” Cal. Civ. Code § 1708.7(a)(1). “In order to 23 establish this element, the ^p shall be required to support his or her allegations with 24 independent corroborating evidence.” Id. 25 Here, ^p fails to allege sufficient facts to support either claim. The gravamen of both 26 claims is that ^p accuses third-party players on New World of stalking and harassing 27 ^p's character in the video game. Setting aside that these interactions take place entirely 28 online, Amazon's involvement is limited to the allegation that Amazon employees created and 16 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729    Case ^cc1 Document 1-1 Filed 03/08/24 @ 34 of 45 96. ^p has wrestled through much to arrive to this point. ^p pleas and prays before the court to hear these Causes of Actions in court, and if possible to provide injunctive relief, and protections to ensure that a cry for justice is heard. 4 5 VI. INJUNCTIVE RELIEF AND PRAYER FOR SUPPLEMENTAL LEGAL AID 6 : 7 8 97. ^p pleads for injunctive relief, generally to prohibit AMAZON from retaliating : against ^p in the form of banning, abridging, suspending, or in any way negatively altering 9 current and existing AMAZON services which are presently in good standing. ^p has 10     already suffered irreparable harms, and still yet can suffer more irreparable harms if AMAZON responds to this Complaint with any retaliatory acts. 98. ^p is preparing a ~m for ~3 to be served with complaint to AMAZON in hopes to protect himself from any retaliation, to preserve status quo, and to prevent any irreparable future harm due to the current looming and impending doom he is feeling from his experiences with AMAZON and AMAZON GAMES, together, as a whole. ^p fears for his safety, the safety of his investments and intellectual properties (content produced across YouTube and Twitch), safety of his current AMAZON services and Game Accounts, which are all in good standing as of the filing of this complaint. 99. ^p also has also found in his legal research a ruling in the Supreme Court decision Turner v. Rogers (2012) which suggests "civil court proceedings have to be fundamentally 21 fair, that courts should create forms to help pro se litigants participate fully in the justice system 22 23 and hinted that at least in some civil cases, the government might have to provide free legal assistance to parties who cannot afford to hire a lawyer." If there is any truth to this research ^p would 24 greatly benefit from and appreciate any help the Government or County Court system can 25 provide. 26 27 [proceed to next @] 28 ^c7 * COMPLAINT @ 31    7 Case ^cc1 Document 1-1 Filed 03/08/24 @ 35 of 45 100. ^p has declared his USARMY Veteran status, and disabled status in the complaint. ^p lives below the poverty line and would appreciate the consideration of any rights and protections that may be provided to him throughout this intense and complex legal process. ^p would like to point out the disparities between his own financial and intellectual capabilities, representing himself pro se; as he faces a proverbial “Goliath”, Amazon.com Inc., and its constituents with seemingly endless financial and legal capabilities as a Corporate Super- Power.   11 VII. PLEADING FOR COMPENSATORY DAMAGES, PUNITIVE DAMAGES AND REQUEST FOR JURY TRIAL 12 13     25 As a result of the actions of AMAZON as a multifaceted Machine of Malice, fraud and oppression, ^p has sustained life altering injuries and paid a near ultimate price and has had his life expectancy significantly reduced, and life cut short. The many tentacles of AMAZON's Machine of Malice had nearly wringed all life from him, rendering the ^p completely immobile, suffering from Congestive Heart Failure, Sepsis, organ shock and failure, Anemia, and other life-threatening complications when medical professionals were able to essentially resuscitate him as family described his state as "Living- Dead". As a result of all the described conduct contained in the body of this Complaint, and all the Causes of Actions contained therein; ^p has suffered and continues to suffer great pains within his mind and, body and soul. Grief and Shock, exceeding e~mal distress, coupled with fears and anxieties, post-sepsis syndrome, feelings of disgrace and reliving layers of trauma from excruciating triggers related to Complex Post Traumatic Stress Disorder. ^p experiences a grave depravation in the loss of enjoyment of life. ^p has suffered and will continue to 26 experience ongoing suffering. ^p will require surgeries in hopes to regain critical functions 27 within the organs of the body that suffered alongside with his heart-which the full extent of 28 damages has yet to be determined. ^p will undoubtedly require surgeries to regain lost life. ^c7 * COMPLAINT @ 32      Case ^cc1 Document 1-1 Filed 03/08/24 @ 36 of 45 WHEREFORE, ^p prays for a Jury trial and judgement against the ^dfs, and for each of the following items, DUE TO ALL CAUSES OF ACTION 1. For past, present and future general damages; with interests and consideration of economic inflations, and Demand for a Jury Trial; 2. For past, present and future special damages, including but not limited to past, present and future lost earnings, economic damages and others, damage to intellectual properties; with interests and consideration of economic inflations; 3. For past, present, and future suffering, as ^p is also witnessing the suffering of his family members in mourning his life cut significantly shorter; with interests and consideration of economic inflations; 4. For past, present, and future medical expenses, statutory damages, cost of suit, for interest and inflation as permitted by law; medical expenses to secure future heart, lung, and kidney transplants or surgeries as these organs begin to deteriorate along with the heart in cases of CHF. 5. For emergency funeral expenses if ^p passes away at any time due to complications of CHF; For items 1-5 ^p is pursuing $7 Billion Dollars USD in compensatory damages, for any and or all of these appropriate damages; 6. For appropriate treble damages, and finally for causing a permanent lifelong chronic disability to the ^p due to AMAZON.COM INC's terrible acts of Malice, Fraud and Oppression, ^p is pursuing the amount of $70 Billion Dollars USD in punitive and exemplary damages; 7. For injunctive relief and for any further relief as the court may deem proper.   January 9th 2024 DATE ^p IN PRO PER ^c7 * COMPLAINT @ 33  Case ^cc1 Document 1-1 Filed 03/08/24 @ 37 of 45 SUPERIOR COURT OF CALIFORNIA ERIOR COURT OF CALIFORNIA $ COUNTY OF SACRAMENTO COUNTY OF SACRAMENTO SACRAMENTO, CALIFORNIA, 95814 916-874-5522 WWW.SACCOURT.CA.GOV ALTERNATIVE DISPUTE RESOLUTION INFORMATION PACKAGE Recognizing that many civil disputes can be resolved without the time and expense of traditional civil litigation, the Superior Court of California, County of Sacramento (Sacramento County Superior Court), strongly encourages parties in civil cases to explore and pursue the use of Alternative Dispute Resolution. What is Alternative Dispute Resolution? Alternative Dispute Resolution (ADR) is the general term applied to a wide variety of dispute resolution processes which are alternatives to lawsuits. Types of ADR processes include: Arbitration • Mediation • Settlement Conferences Private judging Neutral evaluation Mini-trials Negotiation and hybrids of these processes All ADR processes offer a partial or complete alternative to traditional court litigation for resolving disputes. At the present time, the Sacramento County Superior Court offers Mediation and Arbitration: What are the advantages of using ADR? ADR can have a number of advantages over traditional court litigation. * ADR can save time. Even in a complex case, a dispute can be resolved through ADR in a matter of months or weeks, while a lawsuit can take years. * ADR can save money. By producing earlier settlements, ADR can save parties and courts money that might otherwise be spent on litigation costs (attorneys fees and court expenses.) * ADR provides more participation. Parties have more opportunity with ADR to express their own interests and concerns, while litigation focuses exclusively on the parties' legal rights and responsibilities. * ADR provides more control and flexibility. Parties can choose the ADR process most appropriate for their particular situation and that will best serve their particular needs. * ADR can reduce stress and provide greater satisfaction. ADR encourages cooperation and communication, while discouraging the adversarial atmosphere found in litigation. Surveys of disputants who have gone through ADR have found that satisfaction with ADR is generally high, especially among those with extensive ADR experience. Arbitration and Mediation Although there are many different types of ADR processes, the types most commonly used to resolve disputes in California state courts are Arbitration and Mediation. The Sacramento County Superior Court currently offers pre- screened panelists with experience and training in each of the following areas. Arbitration. An Arbitrator hears evidence presented by the parties, makes legal rulings, determines facts and makes an Arbitration award. Arbitration awards may be entered as judgments in accordance with the agreement of the parties or, where there is no agreement, in accordance with California statutes. Arbitration can be binding if the parties so agree in writing. If there is no such agreement, either party can reject the Arbitration award and request a trial. Alternative Dispute Resolution Information Package CVIE-100 (Rev 05.30.2023) @ 1 of 3  @ 38 of 45 Case ^cc1 Document 1-1 Foiled counger saciamento Superior Court of California, County of Case Management Mediation. Mediation is a voluntary, informal, confidential process in which the Mediator, a neutral third party, facilitates settlement negotiations. The Mediator improves communication by and among the parties, helps parties clarify facts, identify legal issues, explore options and arrive at a mutually acceptable resolution of the dispute. Litigants are encouraged to use an ADR process as early in the case as circumstances permit. All appropriate cases will.. be reviewed for referral to ADR at the Case Management Conference(CMC). ADR Procedures for the Sacramento County Superior Court Upon filing a complaint or cross-complaint, the ^p/cross-complainant must acquire this information package from the Court's Website, http://www.saccourt.ca.gov, or the Superior Court Clerk. ^p is required to include the ADR Information Package when he or she serves the Complaint on the ^df. The court's ADR Panel List is available on-line at http://www.saccourt.ca.gov or may be obtained at the Civil Filing Counter at the Gordon D. Schaber Sacramento County Courthouse, 720 Ninth Street, Room 101, Sacramento, CA 95814. Mediation. All parties to the dispute may voluntarily agree to submit the case to a neutral Mediator, either through a court- appointment or through a private arrangement. The parties may choose either of the following Mediation choices: Private Mediation. Parties to a civil action agree to mediate their dispute with a Mediator of their choice without court assistance. The cost of Mediation must be borne by the parties equally unless the parties agree otherwise. Parties will be charged an amount as set by the Mediator (refer to the ADR Panel List for current rates). Court Mediation. Upon stipulation of the parties, a Mediator and alternate Mediator will be selected from the court-approved list of neutrals (ADR Panel List). The court will confirm the selected Mediator and notice parties by mail. The Mediator is then responsible for contacting the parties to confirm a date, time, and place for Mediation. Mediators on the court's approved ADR Panel List have agreed to provide up to three (3) hours of pro-bono Mediation. In the event the Mediation extends beyond 3 hours and parties determine it would be beneficial to continue the Mediation process; the parties will independently be responsible for compensating the Mediator in an amount as set by the Mediator. UNLIMITED CIVIL CASES • A Stipulation and Order to Mediation - Unlimited Civil Cases, Form CVIE-MED-179 (see attached) may be filed with the court at any time up to 15 calendar days prior to the Case Management Conference. If the parties do not stipulate to Mediation prior to their CMC, they may indicate their willingness to stipulate to Mediation at the CMC. In that event, parties must submit a Stipulation and Order to Mediation - Unlimited Civil Cases within 14 calendar days after their CMC. LIMITED CIVIL CASES Parties may select and conduct voluntary Private Mediation without notification to the Court. Parties may stipulate to court mediation by filing a Stipulation and Order to Arbitration/Mediation - Limited Civil Cases form (CVE-203) at any time after the filing of the Limited Civil Case Status Memorandum form (CVE-202). This form is located on the court's website at http://www.saccourt.ca.gov. A Stipulation and Order to Arbitration/Mediation - Limited Civil Cases MUST be filed concurrently or subsequent to a Limited Civil Case Status Memorandum. Alternative Dispute Resolution Information Package CVIE-100 (Rev 01.01.14) @ 2 of 3  13/08/24 Pa Case ^cc1 Documentperior chile of Calipinnat county Gr Sacramento Court Case Management Arbitration UNLIMITED CIVIL CASES ^p may elect, the parties may stipulate, or the judge may Order the case to Arbitration. Parties will be asked to select an Arbitrator and three alternate Arbitrators from the court's ADR Panel List. The court will send a Notice of Appointment and an appropriate Order to Arbitration to all parties. Arbitrations are conducted pursuant to California Rules of Court, rules 3.810 through 3.830, and Local Rules Chapter 2, Part 5. Unless otherwise stipulated, an Award of Arbitrator is not binding upon the parties provided that they file a timely Request for Trial De Novo pursuant to California Rules of Court, rule 3.826. Upon the filing of a timely Request for Trial De Novo, the case will proceed to a Trial-Setting Conference. If no timely Request for Trial De Novo is filed, judgment based upon the Award of Arbitrator will be entered pursuant to California Rules of Court, rule 3.827. LIMITED CIVIL CASES Arbitration may occur in a limited civil case under the following circumstances: When all parties stipulate to arbitration pursuant to Code of Civil Procedure section 1141.12. A stipulation for arbitration shall be filed using the Court's local form, Stipulation and Order to Arbitration/Mediation - Limited Civil Cases form (CVE-203). A Stipulation and Order to Arbitration/Mediation – Limited Civil Cases MUST be filed concurrently or subsequent to a Limited Civil Case Status Memorandum form (CVE-202). When ^p elects to refer the case to judicial arbitration. A written election by the ^p to submit an action or proceeding to arbitration shall be filed using the Court's local form, Limited Civil Case Status Memorandum form (CVE-202). Additional Information : For additional information regarding the Court's ADR program, please go to the Court's website http://www.saccourt.ca.gov. Alternative Dispute Resolution Information Package CVIE-100 (Rev 01.01.14) @ 3 of 3  Case ^cc1 Document 1-1 Filed 03/08/24 @ 40 of 45 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME, STATE BAR # AND ADDRESS): FOR COURT USE ONLY TELEPHONE NO. EMAIL ADDRESS (Optional) ATTORNEY FOR (NAME): FAX NO. (Optional) Superior Court of California, County of Sacramento 720 Ninth Street, Room 101 Sacramento, CA 95814-1380 (916) 874-5522-Website www.saccourt.ca.gov ^p/PETITIONER: CASE MANAGEMENT CONFERENCE DATE: ^df/RESPONDENT: STIPULATION AND ORDER TO MEDIATION - UNLIMITED CIVIL CASE NUMBER: ASSIGNED DEPT.: The parties and their attorneys stipulate that the claims in this action shall be submitted to the following mediation process: Type of Mediation (select one): 1. Court Mediation. Mediators on the court's approved ADR Panel List have agreed to provide up to three (3) hours of pro-bono Mediation. In the event the Mediation extends beyond 3 hours and parties determine it would be beneficial to continue the Mediation process: the parties will independently be responsible for compensating the Mediator in an amount as set by the Mediator. 2. Court Mediation in lieu of previously ordered Arbitration. Mediator's on the court's approved ADR Panel List have agreed to provide up to three (3) hours of pro-bono Mediation. In the event the Mediation extends beyond 3 hours and parties determine it would be beneficial to continue the Mediation process: the parties will independently be responsible for compensating the Mediator in an amount as set by the Mediator. 3. Private Mediation. Per Local Rule 2.84 the cost of mediation must be borne by the parties equally unless the parties agree otherwise. Parties will be charged an amount as set by the Mediator. 4. Private Mediation in lieu of previously ordered Arbitration. Per Local Rule 2.84 the cost of mediation must be borne by the parties equally unless the parties agree otherwise. Parties will be charged an amount as set by the Mediator. Neutral Court Neutral Selected: Name (If type of Mediation selected above is option 1 or 2) Alternate Court Neutral Selected: Name (If type of Mediation selected above is option 1 or 2) Alternate Court Neutral Selected: Name (If type of Mediation selected above is option 1 or 2) Private Neutral Selected: Name (If type of Mediation selected above is option 3 or 4) Other Stipulations Discovery to remain open 30 days prior to trial. Additional Stipulations: Stipulation and Order to Mediation - Unlimited Civil CVIE-MED-179 (Rev 01.01.14)、 Local Form Adopted for Mandatory Use @ 1 of 3  Case ^cc1 Document 1-1 Filed 03/08/24 @ 41 of 45 ^p/PETITIONER: STIPULATION AND ORDER TO MEDIATION - UNLIMTED CIVIL ^df/RESPONDENT: CASE NUMBER: Name of Party Stipulating Name of Party or Attorney Executing Stipulation Signature of Party or Attorney Bar # Address ^p ^df Cross-Complainant Cross-^df Dated: Name of Party Stipulating Name of Party or Attorney Executing Stipulation Signature of Party or Attorney Bar # Address ^p ^df Cross-Complainant Cross-^df Dated: Name of Party Stipulating Name of Party or Attorney Executing Stipulation Signature of Party or Attorney Bar # Address ^p ^df Cross-Complainant Cross-^df Dated: Additional Signature @(s) Attached ORDER The foregoing stipulation having been read and considered, and good cause appearing, now therefore: Stipulation and Order to Mediation deferred to Case Management Conference. The Court orders the parties to enter mediation as stipulated above, pursuant to Chapter Two - Part 5 of the Local Rules. Previously scheduled Case Management Conference is vacated. Previous order to Arbitration is vacated and appointment of Arbitrator rescinded. The case is ordered to the Trial-Setting Process. The Trial and Settlement Conference dates shall be selected no later than Trial-Setting Conference is vacated. Time to Select Trial date and Mandatory Settlement Conference date is extended to Mediation Status Conference set for: Stipulation and Order to Mediation denied. It is further ordered that: Date Time Department Dated: Signed: Judge of the Superior Court Stipulation and Order to Mediation - Unlimited Civil CVIE-MED-179 (Rev 01.01.14) Local Form Adopted for Mandatory Use @ 2 of 3  Case ^cc1 Document 1-1 Filed 03/08/24 @ 42 of 45 ^p/PETITIONER: ^df/RESPONDENT: : STIPULATION AND ORDER TO MEDIATION (Additional Signature @) CASE NUMBER: Name of Party Stipulating Name of Party or Attorney Executing Stipulation Signature of Party or Attorney Bar # Address ^p ^df Name of Party Stipulating ^p ^df Cross-Complainant Cross-^df Dated: Name of Party or Attorney Executing Stipulation Bar # Address Cross-Complainant Cross-^df Dated: Name of Party or Attorney Executing Stipulation Name of Party Stipulating Bar # Address ^p ^df Cross-Complainant Cross-^df Dated: Signature of Party or Attorney Signature of Party or Attorney Name of Party Stipulating Name of Party or Attorney Executing Stipulation Signature of Party or Attorney Bar # Address ^p ^df Cross-Complainant Cross-^df Dated: Name of Party Stipulating Name of Party or Attorney Executing Stipulation Signature of Party or Attorney Bar # Address ^p ^df Cross-Complainant Cross-^df Dated: Stipulation and Order to Mediation - Unlimited Civil. CVIE-MED-179 (Rev 01.01.14) Local Form Adopted for Mandatory Use @ 3 of 3  Case ^cc1 Document 1-1 Filed 03/08/24 @ 43 of 45 AUFERIOR COURT OF CALIFORNIA COUNTY OF SACRAME SUPERIOR COURT OF CALIFORNIA County of Sacramento 720 Ninth Street Sacramento, CA 95814-1380 (916) 874-5522-Website www.saccourt.ca.gov Program Case Notice Unlimited Civil Case The Case Management Program (CMP) requires the following timelines to be met in all cases except those that are excluded by California Rule of Court 3.712(b), (c) and (d) and Local Rule 2.46(B), (E) and (F). Action Service of Summons Statement of Damages Responsive Pleadings Requirement Summons, complaint and program case notice must be served on all named ^dfs and proofs of service on those ^dfs must be filed with the court within 60 days from the filing of the complaint. When the complaint is amended to add a new ^df, the added ^df must be served and proofs of service must be filed within 30 days after the filing of the amended complaint. A cross-complaint adding a new party must be served and proofs of service must be filed with the court 30 days from the filing of the cross-complaint. If a statement of damages pursuant to Section 425.11 of the Code of Civil Procedure or a statement of punitive damages is required, it must be served with the summons and complaint. If a responsive pleading is not served within the time limits and no extension of time has been granted, the ^p within 10 days after the time for service has elapsed must file a request for entry of default. Parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint. No extensions of time to respond beyond 105 days from the filing of the complaint may be given. Judgment by Default When default is entered, the party who requested the entry of default must apply for a default judgment against the defaulting party within 45 days after entry of default, unless the court has granted an extension of time. Case Management Statement The court will provide a notice of case management conference on the filing parties at the time that the case is filed with the court. A case management statement shall be filed at least 15 calendar days prior to the date set for the case management conference. Mediation Statement The Mediation Statement shall be filed concurrently with the Case Management Statement, unless the parties have filed a Stipulation for Alternative Dispute Resolution form with the ADR Administrator at any time up to 15 calendar days prior to the Case Management Conference, as required by Local Rule 2.51(E). Parties must meet and confer, in person or by telephone as required in California Rules of Court 3.724 at least 30 calendar days before the case management conference date. Meet and Confer Case Management Conference A case management conference is generally held within 180 days of the filing of the complaint. Failure to comply with the program rules may result in the imposition of sanctions or an order to show cause. Please refer to Local Rules Chapter Two - Part 4 for more information. NOTE: THIS NOTICE MUST BE SERVED WITH THE SUMMONS AND COMPLAINT. Program Case Notice (Unlimited Civil Case) CVE-143U (Rev 02.16.16) Local Form Adopted for Mandatory Use @ 1 of 1  Case ^c1 Document 21 Filed 04/04/24 @ 25 of 28 1 developed the platform by which third parties harassed or stalked ^p. See Compl. ¶¶ 76, 83. 2 Amazon can locate no case supporting the proposition that a player in a video game can sue a 3 video game publisher for the actions of players of the video game, nor would it expect to find one 4 given the extremely attenuated nature of the legal theory being presented. 5 Amazon itself has not engaged in any conduct that bears any resemblance to harassment or 6 stalking as defined above, therefore the claims should be dismissed. 7 4. ^p Does Not Plead a Cognizable UCL Claim. 8 ^p also asserts a claim for unlawful, unfair, and fraudulent business practices under 9 California's Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200, et seq. This 10 cause of action alleges a “departure from quality customer care” that Amazon normally provides. 11 See Compl. 39. Specifically, ^p alleges that Amazon's various failures to meet his 12 expectations for the customer service he received in connection with New World and the New 13 World Official Discord rise to the level of a UCL claim. See id. 36-44. 14 Under the UCL, there are three varieties of unfair competition: acts or practices which are 15 (1) unlawful, (2) unfair, or (3) fraudulent. See Herron v. Best Buy Co. Inc., 924 F. Supp. 2d 1161, 16 1168 (E.D. Cal. 2013). Each prong is a separate and distinct theory of liability. See Lozano 17 v. AT&T Wireless Servs., Inc., 504 F.3d 718, 731 (9th Cir. 2007). A ^p alleging unfair 18 business practices "must state with reasonable particularity the facts supporting the statutory 19 elements of the violation.” Khoury v. Maly's of Cal., Inc., 14 Cal. App. 4th 612, 619 (1993). 20 ^p fails to identify under which prong of the UCL he is asserting a claim, which provides an 21 independent bar for dismissal. 22 Even if ^p had articulated under which prong of the UCL he is asserting his claim, 23 the claims fails as none of the requirements for the three prongs have been satisfied here. First, 24 the "unlawful" prong prohibits business practices “forbidden by law, be it civil or criminal, 25 federal, state, or municipal, statutory, regulatory, or court-made.” Saunders v. Superior Court, 27 26 Cal. App. 4th 832, 838–39 (1994). The UCL “thus creates an independent action when a business 27 practice violates some other law.” Flores v. EMC Mortg. Co., 997 F. Supp. 2d 1088, 1118 (E.D. 28 Cal. 2014) (citing Walker v. Countrywide Home Loans, Inc., 98 Cal. App. 4th 1158, 1170 (2002)). 17 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 26 of 28 1 "According to the California Supreme Court, the UCL ‘borrows' violations of other laws and 2 treats them as unlawful practices independently actionable under the UCL.” Id. (quoting Farmers 3 Ins. Exch. v. Superior Court, 2 Cal. 4th 377, 383 (1992)). Where a ^p cannot state a claim 4 under the "borrowed” law, he cannot state a UCL claim either. See id. (dismissing UCL claim 5 where ^p failed to allege a predicate violation of law). Here, ^p fails to plead a 6 violation of any other law-let alone mention any other law—and so his cause of action under the 7 "unlawful" prong of the UCL fails. See Compl. 36-44. 8 Second, the “unfair” prong prohibits “conduct that threatens an incipient violation of an 9 antitrust law, or violates the policy or spirit of one of those laws because its effects are comparable 10 to or the same as a violation of the law, or otherwise significantly threatens or harms 11 competition.” Cel-Tech Commc’ns, Inc. v. L.A. Cellular Tel. Co., 20 Cal. 4th 163, 187 (1999). A 12 business practice is unfair when it “offends an established public policy or when the practice is 13 immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers.” Podolsky 14 15 v. First Healthcare Corp., 50 Cal. App. 4th 632, 647 (1996) (cleaned up) (citation omitted). ^p does not plausibly allege that Amazon engaged in any conduct that violates 16 established public policy, or is otherwise immoral, unethical, oppressive, unscrupulous, or 17 substantially injurious to customers. See Cel-Tech Commc’ns, Inc., 20 Cal. 4th at 187. Failing to 18 provide adequate customer service is, as a matter of law, not an unfair business practice. See, e.g., 19 Meyer v. Aabaco Small Bus., LLC, No. 5:17-cv-02102-EJD, 2018 WL 306688, at *5 (N.D. Cal. 20 Jan. 5, 2018) (finding that ^ps' allegations that their interactions with ^dfs' customer 21 service agents “may have been inconvenient, frustrating and time consuming” were “insufficient” 22 to support a UCL claim under the "unfair” prong); McKinney v. Google, Inc., No. 5:10-CV-01177 23 EJD (PSG), 2011 WL 3862120, at *7 (N.D. Cal. Aug. 30, 2011) (^ps allegations that 24 customer service was inadequate were insufficient to support a claim under the “unfair” prong). 25 Third, to state a claim under the UCL's “fraudulent” prong, a ^p needs to show that 26 members of the public are likely to be deceived. See, e.g., Shaeffer v. Califia Farms, LLC, 44 Cal. 27 App. 5th 1125, 1135 (2020) (affirming dismissal where juice label was not likely to deceive 28 reasonable consumer and, thus, was not actionable under the UCL). “By focusing on whether 18 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21 Filed 04/04/24 @ 27 of 28 1 'members of the public' are likely to be deceived, the Unfair Competition Law views the 2 challenged ad or pro~mal practice through the eyes of the ‘reasonable consumer’—that is, the 3 'ordinary consumer acting reasonably under the circumstances[.]” Id. (citation omitted); see 4 Clemens v. DaimlerChrysler Corp., 534 F.3d 1017, 1025 (9th Cir. 2008) (applying the 5 "reasonable consumer” standard). ^p does not allege that Amazon has made a single false or 6 misleading statement, or has otherwise deceived or confused the reasonable person. ^p's 7 Complaint includes no statements made by Amazon—let alone false or misleading statements— 8 and he does not allege that Amazon has engaged in conduct which has deceived or confused 9 customers. Accordingly, ^p's claims fails under the “fraudulent” prong as well. 10 Because ^p cannot satisfy any of the three prongs, his UCL claim fails and must be 11 dismissed. 12 * * * 13 ^p pleads no viable claims among his eleven causes of actions. Accordingly, the 14 Court should dismiss the Complaint in its entirety for failure to state a claim. 15 16 V. CONCLUSION For the foregoing reasons, Amazon respectfully requests that the Court dismiss ^p's 17 Complaint without leave to amend. 18 19 DATED: April 4, 2024 20   DAVIS WRIGHT TREMAINE LLP By: /s/ Mark C. Burnside Mark C. Burnside Attorneys for ^df AMAZON.COM, INC 19 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  1 2 Case ^c1 Document 21 Filed 04/04/24 @ 28 of 28 PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 3 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566. 4 On April 4, 2024, I served the attached document(s) described as: 5 ^df ^am'S NOTICE OF ~m AND ~m TO DISMISS ^p'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES by placing a true copy of said document(s) enclosed in a sealed envelope(s) for each addressee named below, with the name and address of the person served shown on the envelope as follows:   ^a P.O. Box 278004 11 Sacramento, CA 95827 12 Telephone: (916) 365-5434 ^e I placed such envelope(s) with postage thereon fully prepaid for deposit in the United 13 States Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service. I am familiar 14 with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service, which practice is that when 15 correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for 16 delivering correspondence to the ~2 Postal Service, such correspondence is delivered to the ~2 Postal Service that same day in the ordinary course of business. Executed on April 4, 2024, at Los Angeles, California. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. 17 18 Federal 19 20 21 Shari Sanders Print Name 22 23   Shan Sarders Signature 20 AMAZON'S ~m TO DISMISS ^p'S COMPLAINT ~h v. ^am, et al., Case No. 24-cv-00729  Case ^c1 Document 21-1 Filed 04/04/24 @ 1 of 3 1 GEOFFREY S. BROUNELL (pro hac vice pending) geoffreybrounell@dwt.com 2 DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas, 21st Floor 3 New York, New York 10020-1104 Telephone: (212) 489-8230 4 Fax: (213) 489-8340 5 MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 6 ANNIE S. ZHANG (State Bar No. 327381) ^e1 7 DAVIS WRIGHT TREMAINE LLP 8 865 South Figueroa Street, 24th Floor Los Angeles, California 90017-2566 Telephone: (213) 633-6800 9 Fax: (213) 633-6899 10 Attorneys for ^df 11 ^am 12 13 ^c6 14 15 ^a, Case No. ^cc1 16 ^p, 17 V. 18 [PROPOSED] ORDER GRANTING ^df ^am’S ~m TO DISMISS ^p'S COMPLAINT ^am, and DOES 1-50 19 ^dfs. 20   [PROPOSED] ORDER GRANTING ~m TO DISMISS ^a2  1 2 Case ^c1 Document 21-1 Filed 04/04/24 @ 2 of 3 [PROPOSED] ORDER The Court has considered ^df ^am's ~m to Dismiss ^p's 3 Complaint ("~m to Dismiss”), as well as any responses and replies therefore, and heard oral 4 argument on the ~m to Dismiss on May 10, 2024. Having considered the ~m to Dismiss, 5 the parties' argument, the evidence in the record, and good cause appearing. 6 ~o that: 7 8 1. ^df ^am's ~m to Dismiss is GRANTED, and this action 9 is hereby DISMISSED WITH PREJUDICE. 10 11 DATED:     HONORABLE DEBORAH BARNES ~2 ^mj 1 [PROPOSED] ORDER GRANTING ~m TO DISMISS ^a2  1 Case ^c1 Document 21-1 Filed 04/04/24 @ 3 of 3 PROOF OF SERVICE 2 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 3 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566. 4 On April 4, 2024, I served the attached document(s) described as: 6 7 5 [PROPOSED] ORDER GRANTING ^df ^am’S ~m ΤΟ DISMISS ^p'S COMPLAINT by placing a true copy of said document(s) enclosed in a sealed envelope(s) for each addressee named below, with the name and address of the person served shown on the envelope as follows: 8 9 ^a P.O. Box 278004 Telephone: (916) 365-5434 ^e 10 Sacramento, CA 95827   I placed such envelope(s) with postage thereon fully prepaid for deposit in the ~2 Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service. I I am familiar with the office practice of Davis Wright Tremaine LLP, for collecting and processing 14 correspondence for mailing with the ~2 Postal Service, which practice is that when correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for delivering correspondence to the ~2 Postal Service, such correspondence is delivered to 15 the ~2 Postal Service that same day in the ordinary course of business. 16 17 Federal 18 Executed on April 4, 2024, at Los Angeles, California. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. 19 20 Shari Sanders 21 Print Name /s/ Shari Sanders Signature 22 23   2 [PROPOSED] ORDER GRANTING ~m TO DISMISS ^a2  Case ^cc1 Document 21-1 Filed 04/04/24 @ 1 of 3 1 GEOFFREY S. BROUNELL (pro hac vice pending) geoffreybrounell@dwt.com 2 DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas, 21st Floor 3 New York, New York 10020-1104 Telephone: (212) 489-8230 4 Fax: (213) 489-8340 5 MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 6 ANNIE S. ZHANG (State Bar No. 327381) ^e1 7 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor 8 Los Angeles, California 90017-2566 Telephone: (213) 633-6800 9 Fax: (213) 633-6899 10 Attorneys for ^df ^am   ^c6 14 15 ^a, Case No. ^cc1 16 ^p, 17 V. 18 [PROPOSED] ORDER GRANTING ^df ^am’S ~m TO DISMISS ^p'S COMPLAINT ^am, and DOES 1-50 19 ^dfs. 20   [PROPOSED] ORDER GRANTING ~m TO DISMISS ^a2  1 2 Case ^cc1 Document 21-1 Filed 04/04/24 @ 2 of 3 [PROPOSED] ORDER The Court has considered ^df ^am's ~m to Dismiss ^p's 3 Complaint ("~m to Dismiss”), as well as any responses and replies therefore, and heard oral 4 argument on the ~m to Dismiss on May 10, 2024. Having considered the ~m to Dismiss, 5 the parties' argument, the evidence in the record, and good cause appearing. 6 ~o that: 7 8 1. ^df ^am's ~m to Dismiss is GRANTED, and this action 9 is hereby DISMISSED WITH PREJUDICE. 10 11 DATED:     HONORABLE DEBORAH BARNES ~2 ^mj 1 [PROPOSED] ORDER GRANTING ~m TO DISMISS ^a2  1 Case ^cc1 Document 21-1 Filed 04/04/24 @ 3 of 3 PROOF OF SERVICE 2 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 3 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566. 4 On April 4, 2024, I served the attached document(s) described as: 6 7 5 [PROPOSED] ORDER GRANTING ^df ^am’S ~m ΤΟ DISMISS ^p'S COMPLAINT by placing a true copy of said document(s) enclosed in a sealed envelope(s) for each addressee named below, with the name and address of the person served shown on the envelope as follows: 8 9 ^a P.O. Box 278004 Telephone: (916) 365-5434 ^e 10 Sacramento, CA 95827   I placed such envelope(s) with postage thereon fully prepaid for deposit in the ~2 Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service. I am familiar with the office practice of Davis Wright Tremaine LLP, for collecting and processing 14 correspondence for mailing with the ~2 Postal Service, which practice is that when correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for delivering correspondence to the ~2 Postal Service, such correspondence is delivered to 15 the ~2 Postal Service that same day in the ordinary course of business. 16 17 Federal 18 Executed on April 4, 2024, at Los Angeles, California. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. 19 20 Shari Sanders 21 Print Name /s/ Shari Sanders Signature 22 23   2 [PROPOSED] ORDER GRANTING ~m TO DISMISS ^a2  ### MINUTE ORDER ### Full docket text for document 21: ~m to DISMISS by ^am. ~m Hearing set for 5/10/2024 at 10:00 AM in Courtroom 27 (DB) before ^mj Deborah Barnes. (Attachments: # (1) Proposed Order) (Burnside, Mark. # end minute order #  Case ^c1 Document 22 Filed 04/12/24 @ 1 of 3 1 GEOFFREY S. BROUNELL (pro hac vice pending) geoffreybrounell@dwt.com 2 DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas, 21st Floor 3 New York, New York 10020-1104 Telephone: (212) 489-8230 4 Fax: (213) 489-8340 5 MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 6 ANNIE S. ZHANG (State Bar No. 327381) ^e1 7 DAVIS WRIGHT TREMAINE LLP 8 865 South Figueroa Street, 24th Floor Los Angeles, California 90017-2566 Telephone: (213) 633-6800 9 Fax: (213) 633-6899 10 Attorneys for ^df 11 ^am 12 13 14 15 ^c6 16 ^a, 17 18 V. ^p, 19 ^am, and DOES 1-50 Case No. ^cc1 ^df ^am’S REQUEST TO APPEAR REMOTELY AT HEARING ON ~m TO DISMISS Assigned to the ^mj Deborah Barnes 20   ^dfs. Date: Time: May 10, 2024 10:00 a.m. AMAZON'S REQUEST TO APPEAR REMOTELY ~h v. ^am, et al., Case No. 24-cv-0072 ^a2  1 Case ^c1 Document 22 Filed 04/12/24 @ 2 of 3 Pursuant to Local Rule 174, Mark Burnside, counsel for ^df ^am 2 (“Amazon”), respectfully requests to attend the ~m to Dismiss in the above-captioned matter, 3 scheduled for May 10, 2024 at 2:00p.m., remotely by Zoom. 4 Good cause exists to permit attendance of the hearing remotely, as Amazon's counsel is 5 located in Los Angeles, outside the ~ed. 6 7 DATED: April 12, 2024     DAVIS WRIGHT TREMAINE LLP By: /s/ Mark C. Burnside Mark C. Burnside Attorneys for ^df AMAZON.COM, INC 1 AMAZON'S REQUEST TO APPEAR REMOTELY ~h v. ^am, et al., Case No. 24-cv-00729 ^a2  ### MINUTE ORDER ### Full docket text for document 22: REQUEST FOR TELEPHONIC/REMOTE APPEARANCE at the 5/10/2024 ~m to Dismiss hearing re [21] ~m to Dismiss filed by ^am by ^am. (Burnside, Mark) # end minute order # Case ^c1 Document 23 Filed 04/12/24 @ 1 of 3 1 GEOFFREY S. BROUNELL (pro hac vice pending) geoffreybrounell@dwt.com 2 DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas, 21st Floor 3 New York, New York 10020-1104 Telephone: (212) 489-8230 4 Fax: (213) 489-8340 5 MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 6 ANNIE S. ZHANG (State Bar No. 327381) ^e1 7 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor 8 Los Angeles, California 90017-2566 Telephone: (213) 633-6800 9 Fax: (213) 633-6899 10 Attorneys for ^df ^am   14 15 ^c6 16 ^a, 17 18 V. ^p, 19 ^am, and DOES 1-50 Case No. ^cc1 ^df ^am’S REQUEST TO APPEAR REMOTELY AT ~3 HEARING Assigned to the ^mj Deborah Barnes 20   ^dfs. Date: Time: May 3, 2024 10:00 a.m. AMAZON'S REQUEST TO APPEAR REMOTELY ~h v. ^am, et al., Case No. 24-cv-0072 4865-8249-1574v.1 0051461-006594 ^a2  Case ^c1 Document 23 Filed 04/12/24 @ 2 of 3 Pursuant to Local Rule 174, Annie S. Zhang, counsel for ^df ^am 2 (“Amazon”), respectfully requests to attend the ~3 hearing in the above- captioned matter, scheduled for May 3, 2024 at 10:00 a.m., remotely by Zoom. 3 4 Good cause exists to permit attendance of the hearing remotely, as Amazon's counsel is 5 located in San Francisco, outside the ~ed. DAVIS WRIGHT TREMAINE LLP By: /s/ Annie S. Zhang Annie S. Zhang Attorneys for ^df AMAZON.COM, INC 6 7 DATED: April 12, 2024     1 AMAZON'S REQUEST TO APPEAR REMOTELY ~h v. ^am, et al., Case No. 24-cv-00729 4865-8249-1574v.1 0051461-006594 ^a2  1 2 Case ^c1 Document 23 Filed 04/12/24 @ 3 of 3 PROOF OF SERVICE I am employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 350 California Street, 23rd Floor, California 94111. 4 On April 12, 2024, I served the attached document(s) described as: 5 ^df ^am’S REQUEST TO APPEAR REMOTELY AT ~3 HEARING 6 by placing a true copy of said document(s) enclosed in a sealed envelope(s) for each 7 addressee named below, with the name and address of the person served shown on the envelope as follows: 8 9 ^a P.O. Box 278004 10 Sacramento, CA 95827 11 Telephone: (916) 365-5434 ^e I placed such envelope(s) with postage thereon fully prepaid for deposit in the United 12 States Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service. I am familiar 13 with the office practice of Davis Wright Tremaine LLP, for collecting and processing 14 correspondence for mailing with the ~2 Postal Service, which practice is that when correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for delivering correspondence to the ~2 Postal Service, such correspondence is delivered to 15 the ~2 Postal Service that same day in the ordinary course of business. Executed on April 12, 2024, at Los Angeles, California. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. 16 17 Federal 18 19 20 Rosalind Cook 21 Print Name 22 23   2 AMAZON'S REQUEST TO APPEAR REMOTELY ~h v. ^am, et al., Case No. 24-cv-00729 4865-8249-1574v.1 0051461-006594 Signature ^a2  ### MINUTE ORDER ### Full docket text for document 23: REQUEST FOR TELEPHONIC/REMOTE APPEARANCE at the 5/3/2024 ~3 hearing by ^am. (Zhang, Annie)  # end minute order # Case ^c1 Document 24 Filed 04/17/24 @ 1 of 60 ^a ~pa, 95827 (916)-365-5434 ^e FILED APR 17 2024 3 4 ^a, IN PRO PER CLERK, ~d BY DEPUTY CLERK 5 6     ^c6 ^a, ^p, V. ^am, AND DOES 1-50 ^dfs. Case No.: ^cc1 OPPOSITION TO ~m TO DISMISS COMPLAINT I. II. III. ~~toc~ @ 1 TABLE OF AUTHORITIES pg 2 OPENING DECLARATION pg 5 IV. MEMORANDUM IN OPPOSITION ΤΟ ~m TO DISMISS... @ 8 V. CONCLUSION CLOSING ARGUMENTS AND PLEADINGS...@ 51 VI. ^x A... @ 54 * ~h V. ^am OPPOSSITION TO ~m TO DISMISS COMPLAINT @ 1  1 Case ^c1 Document 24 Filed 04/17/24 @ 2 of 60 II. TABLE OF AUTHORITIES 2 3 CASES 4 Haines v. Kerner, 404 U.S. 519, 520-21 (1972). 5 Wolfe v. Strankman, 392 F.3d 358, 362 (9th Cir. 2004). .2, 10, 31, 41, 50 2, 10, 31, 41, 50 6 Eldridge v. Block, 832 F.2d 1132, 1137 (9th Cir. 1987). 2, 10, 31, 41, 50 7 8 Draper v. Coombs, 792 F.2d 915, 924 (9th Cir. 1986). Pembrook v. Wilson, 370 F.2d 37, 39-40 (9th Cir. 1966). .2, 10, 50 .2, 10, 50 9 Hill v. Kimball, 76 tex. At 212, 13 S.W. at 60.. ..3, 33, 36, 51 10 Pharms., Inc. v. Broudo, 544 U.S. 336, 347, 125 S.Ct. 1627, 161 L.Ed.2d 577 (2005)...........2, 2, 50   Erickson v. Pardus, 551 U.S. 89, 127 S.Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007). Westlands Water Dist. v. Firebaugh Canal, 10 F.3d 667, 670 (9 th Cir. 1993)........... Jackson v. Carey, 353 F.3d 750, 758 (9th Cir. 2003) Id., 582 F.Supp.2d at p. 1265.............2, 3, 51 .... .2, 3, 51 .2, 3, 32, 42, 51 14 Ferdik v. Bonzelet, 963 F.2d 1258, 1261 (9th Cir. 1992). 15 Fletcher v. Florida, 858 F. Supp. 169 (1994). ..2, 3, 51 .2, 3, 51 16 17 CASE AUTHORITY BRIEF OVERVIEWS 18 19 A pro se litigant's pleadings must be read more liberally than pleadings drafted by counsel. Haines v. 20 21 Kerner, 404 U.S. 519, 520-21 (1972); Wolfe v. Strankman, 392 F.3d 358, 362 (9th Cir. 2004); Eldridge v. Block, 832 F.2d 1132, 1137 (9th Cir. 1987). 22 23 24 25 When a ^p proceeds pro se and technically violates a rule, the court should act with leniency toward the pro se litigant. Draper v. Coombs, 792 F.2d 915, 924 (9th Cir. 1986); Pembrook v. Wilson, 370 F.2d 37, 39-40 (9th Cir. 1966). 26 [O]rdinary pleading rules are not meant to impose a great burden upon a ^p.' Dura 27 28 Pharms., Inc. v. Broudo, 544 U.S. 336, 347, 125 S.Ct. 1627, 161 L.Ed.2d 577 (2005). * ~h V. ^am OPPOSSITION ΤΟ ΜOTION TO DISMISS COMPLAINT @ 2  Case ^c1 Document 24 Filed 04/17/24 @ 3 of 60 1 "That a physical personal injury may be produced through a strong e~m of the mind there can be no 2   8 doubt. The fact that it is more difficult to produce such an injury through the operation of the mind that by direct physical means affords no sufficient ground for refusing compensation in an action at law when the injury is intentionally or negligently inflicted." Hill v. Kimball, 76 Tex. At 212, 13 S.W. at 60 'Specific facts are not necessary; the statement need only "give the ^df fair notice of what the... claim is and the grounds upon which it rests.' Erickson v. Pardus, 551 U.S. 89, 127 S.Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007) (per curiam) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1964, 167 L.Ed.2d 929 (2007)) 9 10 11 The Court must accept as true all factual allegations in the complaint and must draw all reasonable 12 inferences from those allegations, construing the complaint in the light most favorable to 13 the ^p. Westlands Water Dist. v. Firebaugh Canal, 10 F.3d 667, 670 (9 th Cir. 1993). 14 15 Dismissal without leave to amend is appropriate only when the Court is satisfied that the deficiencies of 16 17 the complaint could not possibly be cured by amendment. Jackson v. Carey, 353 F.3d 750, 758 (9th Cir. 2003) [and additional citations]. Id., 582 F.Supp.2d at p. 1265. 18 19 Before a ~dc may dismiss a pro se complaint for failure to state a claim upon which relief can 20 be granted, the court must provide the pro se litigant with notice of the deficiencies of the complaint and 21 22 an opportunity to amend it if the deficiencies can be cured, prior to dismissal. Ferdik v. Bonzelet, 963 F.2d 1258, 1261 (9th Cir. 1992) 23 24 A complaint should not be dismissed for failure to state a claim unless it appears beyond a reasonable 25 doubt that the ^p can prove no set of facts that would entitle him or her to relief. Fletcher v. 26 Florida, 858 F. Supp. 169 (1994) 27 28 * ~h V. ^am OPPOSSITION ΤΟ ΜOTION TO DISMISS COMPLAINT @ 3  ### MINUTE ORDER ### Full docket text for document 24: OPPOSITION to [21] ~m to Dismiss by ^a. (Kyono, V)  # end minute order # Case ^cc1 Document 25 Filed 04/19/24 @ 1 of 3  ~dc * ^c6 Case Number: ^cc1 APPLICATION FOR PRO HAC VICE AND PROPOSED ORDER ☐ ★ ~ed ~h ^p(s) V. Amazon, Inc. ^df(s) Pursuant to Local Rule 180(b)(2) of the ~2 ~dc for the ~ed, Geoffrey Brounell hereby applies for permission to appear and participate as counsel in the above entitled action on behalf of the following party or parties: Amazon, Inc. On February 17, 2009 (date), I was admitted to practice and presently in good standing in the Appellate Division Supreme Court of New York (court). A certificate of good standing from that court is submitted in conjunction with this application."
   },
   {
     "id": 8,
     "text": "I have not been disbarred or formally censured by a court of record or by a state bar association; and there are not disciplinary proceedings against me. have XI have not concurrently or within the year preceding this application made a pro hac vice application to this court. (If you have made a pro hac vice application to this court within the last year, list the name and case number of each matter in which an application was made, the date of application and whether granted or denied.) Date: March 26, 2024 Signature of Applicant: /s/ Geoffrey Brounell U.S. ~dc - Pro Hac Vice Application Revised July 6, 2021 @ 1  Case ^cc1 Document 25 Filed 04/19/24 @ 2 of 3 Pro Hac Vice Attorney Applicant's Name: Geoffrey Brounell Law Firm Name: Davis Wright Tremaine LLP Address: 1251 Avenue of the Americas, 21st. Floor City: New York Phone Number w/Area Code: 212.603.6404 City and State of Residence: New York, NY Primary E-mail Address: geoffreybrounell@dwt.com jodisavitsky@dwt.com State: NY Zip: 10020-1104 Secondary E-mail Address: I hereby designate the following member of the Bar of this Court who is registered for ECF with whom the Court and opposing counsel may readily communicate regarding the conduct of the case and upon whom electronic notice shall also be served via the Court's ECF system: Local Counsel's Name: Law Firm Name: Address: Annie Zhang Davis Wright Tremaine 50 California Street, 23rd Floor City: San Francisco Phone Number w/Area Code: 415.276.6501 ORDER State: CA Zip: 94111 Bar # 327381 The Pro Hac Vice Application is APPROVED. The Pro Hac Vice Attorney is DIRECTED to request filing access through PACER. 04/19/2024 Dated: U.S. ~dc - Pro Hac Vice Application Revised July 6, 2021 DEBORAH BARNES ~2 ^mj @ 2  Case ^cc1 Document 25 Filed 04/19/24 @ 3 of 3 EXCELSIOR Appellate Division of the Supreme Court of the State of New York Third Judicial Department I, Robert D. Mayberger, Clerk of the Appellate Division of the Supreme Court of the State of New York, Third Judicial Department, do hereby certify that Geoffrey Stuart Brounell was duly licensed and admitted to practice as an Attorney and Counselor at Law in all the courts of this State on February 17, 2009, has duly taken and subscribed the oath of office prescribed by law, has been enrolled in the Roll of Attorneys and Counselors at Law on file in this office, is duly registered with the Office of Court Administration, and according to the records of this Court is currently in good standing as an Attorney and Counselor-at- Law. ME COURT APPELLATE DIV ( SL THIRD DEPARTMENT In Witness Whereof, I have hereunto set my hand in the City of Albany on March 25, 2024. Rotut D Maybeugen Clerk of the Court CertID-00166589  ### MINUTE ORDER ### Full docket text for document 25: ORDER signed by ^mj Deborah Barnes on 04/19/2024 GRANTING [17] Application for Pro Hac Vice. Added attorney Geoffrey Brounell, PHV for ^am The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Murphy, J) # end minute order #   ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [26] Minute Order served on ^a. (Her, S)  # end minute order #  Case ^c1 Document 27 Filed 08/06/24 @ 1 of 1 ^c6  ^a,  V.  ^am,   NO. ^c1 ^p, ORDER OF REASSIGNMENT ^df. The court, having considered the appointment of ^mj ^n2, finds the  necessity for reassignment of the above captioned case, and for notice to be given to the affected parties.  IT IS THEREFORE ORDERED that the above captioned case shall be and is hereby  reassigned from ^mj Deborah Barnes to ^mj ^n2  for all further proceedings. The new case number for this action, which must be used on all documents  filed with the court, is:  ^c1 All dates currently set in this reassigned action shall remain pending subject to further order  of the court.  DATED: August 6, 2024  Amul CHIEF ~2 DISTRICT JUDGE    Case ^c1 Document 27 Filed 08/06/24 @ 1 of 1 ^c6  ^a,  V.  ^am,   NO. ^c1 ^p, ORDER OF REASSIGNMENT ^df. The court, having considered the appointment of ^mj ^n2, finds the  necessity for reassignment of the above captioned case, and for notice to be given to the affected parties.  IT IS THEREFORE ORDERED that the above captioned case shall be and is hereby  reassigned from ^mj Deborah Barnes to ^mj ^n2  for all further proceedings. The new case number for this action, which must be used on all documents filed with the court, is:  ^c1 All dates currently set in this reassigned action shall remain pending subject to further order  of the court.  DATED: August 6, 2024  Amul CHIEF ~2 DISTRICT JUDGE  ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [27] Order Reassigning ^mj Riordan, served on ^a. (Mendez Licea, O)  # end minute order #  Case ^c1 Document 28 Filed 10/31/24 @ 1 of 7 ^a ~pa, 95827 (916)-365-5434 ^e FILED OCT 31 2024 CLERK, ~d BY 4 ^a, IN PRO PER   ^c6 DEPUTY CLERK 12 13 ^a, ^p, V. Case No.: 2:24-CV-00729-TLN- SCR EX PARTE APPLICATION FOR ~m TO STAY - PENDING REMAND HEARING, NOTICE OF CROSS CLAIM, AND STATEMENT OF INTENT TO FILE I. 16 II. III.  ^am IV.  V. VI.  ^dfs. ACTIVE CROSS-CLAIM ON THIS CASE This case has been claimed in another action; ^avu Case No. ^c3 ~~toc~ NOTICE OF ~m .... ~m TO STAY ... MEMORANDUM AND POINTS OF AUTHORITIES... DECLARATIONS... PROPOSED ORDER... II. NOTICE OF ~m FRCP Rule Rule 8. Stay or Injunction Pending Appeal DATE: NOVEMBER 13TH 2024 OR NEXT AVAILABLE DATE TIME: 10:00 AM LOCATION: Courtroom 27 JUDGE: ^n2 ~h V. ^am * ~m TO STAY ALL PROCEEDINGS @ 1  1 2 Case ^c1 Document 28 Filed 10/31/24 @ 2 of 7 III. EX PARTE APPLICATION       This is a quick filing, to notify the court and ^mj ^n2, that I am moving in emergency ex parte, for several reasons; First most I am not going to notice ^am, or rather their Attorney, Mark C. Burnside. I am within a few days of this filing, moving to have him dismissed, also I am forced to File a complaint against the ~1, see the caption of cross-claim on the front @. I am ^p to another action here in the ~dc, in which my rights have been destroyed and the clerk and judge have combined together to sabotage that application for judicial relief. I am also claiming this action, as my ~4 [docket items 3, 5, 7 to be viewed together] was never even acknowledged by the court, as if it had existed at all. My ~m for ~3 for emergency relief was vacated, and nothing has happened in my case since It was removed from state; rather I have only suffered abuse, after abuse in the ~dc, and am forced to remove a ^mj for her malicious behavior, [see douglas v. the Ezralow company et al] This is an emergency filing and as such I will have to refile this and I will be filing all the subsequent documents this week which are this the ~m to stay with greater expounding on why and greater cause given through the memorandum and points of authority I am filing a notice of cross claim I am amending my lawsuit against the ~2, I will be moving to dismiss mark C Burnside for his abuses against me outlined in my ~ms to remand which was completely neglected by this court. Amazon literally told me they did what I complained of I have the recording I can play it for you in a hearing but so long as this court is obliged to uphold every manner of corruption and do absolutely nothing for a self represented litigant. I'm not accusing you of these things. Because you have barely been assigned to this case and I'm not trying to upset you or judge you in any way at all whatsoever so I apologize and I plead that you will not interpret this as such rather I am manifesting or declaring my experience thus far before I have met you or have had this opportunity to speak to you if you read the ~4 you'll see the reasons why I was moving in ex parte and why I needed it to happen but as I was saying that remand totally defines the direction of the case it's precedential * ~h V. ^am ~m TO STAY ALL PROCEEDINGS @ 2  Case ^c1 Document 28 Filed 10/31/24 @ 3 of 7     14 15 to determine the venue so that I can move in a way and strategize in a way that is beneficial to this lawsuit and my application for judicial relief so upon these grounds I am moving an ex parte but I will also notice Amazon when I have time of other things and the pending transactions that will begin to initiate this week but regardless I'm still scheduling this ~m and I'm making a notice of intent to file at the same time basically with this ~m, all of the things that I'm talking about because I expect to have greater judicial oversight going forward as my lawsuit against the ~2 begins to form and I'm not in any way trying to intimidate you I've just had an absolutely terrible experience and I am basically a monster now because of the way I've been treated by the courts they have literally vacated all of my hearings which were filed with due diligence and it feels like all of my suffering is in stasis when this is the highest level of institution was the most sacred institution of our government and yet like I have a confession from Amazon and nevertheless the court has done nothing to provide me injunctive relief or any sort of help at all which is frankly unacceptable. Again this has nothing to do with you I'm just venting about my experiences so far and I will be a little bit rough around the edges but I must get this filed today and I must close this with these short words thank you . 16 17 10-31-24   18 19 DATE 20 ^p IN PRO PER ^a   ~h V. ^am * ~m TO STAY ALL PROCEEDINGS @ 3    Case ^c1 Document 28 Filed 10/31/24 @ 4 of 7 [continue to Memorandum] IV. MEMORANDUM OF POINTS AND AUTHORITIES 5 6 Rule 8. Stay or Injunction Pending Appeal 7 8 Primary tabs (a) ~m for Stay. (1) Initial ~m in the ~dc. A party must ordinarily move first in the district 9 10 court for the following relief: 11 (A) a stay of the judgment or order of a ~dc pending appeal; (B) approval of a bond or other security provided to obtain a stay of judgment; or 12 13 (C) an order suspending, modifying, restoring, or granting an injunction while an appeal is 14 pending. 15 16 PARTICULAR EMPHASIS HERE; (A) a stay of the judgment or order of a ~dc 17 pending appeal;   * ~h V. ^am ~m TO STAY ALL PROCEEDINGS @ 4  1 2 Case ^c1 Document 28 Filed 10/31/24 @ 5 of 7 V. declaration   i need to have a remand hearing, it's unacceptable that the court did not even acknowledge the filing and I've progressed a lot since then but I would have expected at least some sort of feedback or or declaration of defects but I have received no notice or any information at all and I'm trying my best to do a lot this week but it will all be a proper and a nice filing I just have to get this done today so I can get it off my mind thank you     10-31-24- ~h V. ^am * ~m TO STAY ALL PROCEEDINGS @ 5    Case ^c1 Document 28 Filed 10/31/24 @ 6 of 7 ^a ~pa, 95827 (916)-365-5434 ^e 4 ^a, IN PRO PER 5 6 7 8 ~2 ~dc 9 ~ed 10 11 12 Case No.: ^cc1 13 ^a, 14 ^p, [PROPOSED] ~m TO STAY ALL PROCEEDINGS PENDING REMAND - EX PARTE APPLICATION FOR ~m   V. TO STAY - PENDING REMAND HEARING, NOTICE OF CROSS CLAIM, AND STATEMENT OF INTENT TO FILE   ^am ^dfs. ~h V. ^am * PROPOSED ORDER ~m TO STAY ALL PROCEEDINGS @ 6  Case ^c1 Document 28 Filed 10/31/24 @ 7 of 7   IT IS ORDERED THAT; due to the negligence of the courts and the impending higher judicial oversight that will soon have precedence and effect in this case, it is ordered that Amazon's ~m to dismiss is state and any other ~ms that would be initiated bye the defense shall be stayed until the determination and the hearing of remand and venue and the appeal or the process by which this will be established and fine everything will be stayed until this remand and these other transactions like the injunction are resolved.   DATED: 24 HONORABLE ^n2   ~h V. ^am * ~m TO STAY ALL PROCEEDINGS @ 7  ### MINUTE ORDER ### Full docket text for document 28: ~m to STAY by ^a. ~m Hearing set for 11/13/2024 at 10:00 AM in Courtroom 27 (SCR) before ^mj ^n2. (Benson, A.) # end minute order #   ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [29] Minute Order served on ^a. (Her, S) # end minute order #      ### MINUTE ORDER ### Full docket text for document 30: EX PARTE EMERGENCY ~m to STAY by ^a. (Mena-Sanchez, L) # end minute order #  ### MINUTE ORDER ### Full docket text for document 30: EX PARTE EMERGENCY ~m to STAY by ^a. (Mena-Sanchez, L) # end minute order # ^c5   1 of 1 ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [31] Order and Findings and Recommendations served on ^a. (Benson, A.) 1/23/2025, 4:13 AM # end minute order # Case ^c1 Document 31 Filed 11/19/24 @ 1 of 14 ~2 ~dc FOR THE ~ed   ^a, 11 ^p, 12 V. 13 ^am, 14 ^df.   No. 2:24-cv-729 TLN-SCR ORDERS AND FINDINGS AND RECOMMENDATIONS   ^p is proceeding pro se in this matter, which is referred to the undersigned pursuant to Local Rule 302(c)(21). ^p ^a seeks damages and injunctive relief against ^df ^am (“^df” or “Amazon”), for alleged “cyberstalking" and "cyber bullying" on an Amazon gaming platform. Multiple ~ms are pending before the Court, including ^p's ~ms to remand this action to state court, ^p's ~m for a ~3, ^df's ~m to dismiss, and ^p's ~ms to stay. ^p seeks to proceed in forma pauperis. Before doing anything else, the Court must accordingly perform its mandatory screening function. The Court grants ^p's request for IFP status but finds, in screening the Complaint, that he has failed to state a claim upon which relief can be granted. The Court also finds that amendment would be futile and accordingly recommends that this action be dismissed with prejudice. The undersigned also recommends that the Court deny ^p's ~ms to remand and for a ~3. By resolving the screening issue in favor of dismissal, it is 1  Case ^c1 Document 31 Filed 11/19/24 @ 2 of 14 1 unnecessary to adjudicate ^df's ~m to dismiss, which the undersigned recommends 2 denying as moot. 3 I. Screening 4 A. Standards 5 The federal IFP statute requires federal courts to dismiss a case if the action is legally  "frivolous or malicious," fails to state a claim upon which relief may be granted, or seeks monetary relief from a ^df who is immune from such relief. 28 U.S.C. § 1915(e)(2). A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. 9 Williams, 490 U.S. 319, 325 (1989). In reviewing a complaint under this standard, the court will   (1) accept as true all of the factual allegations contained in the complaint, unless they are clearly baseless or fanciful, (2) construe those allegations in the light most favorable to the ^p, and (3) resolve all doubts in the ^p's favor. See Neitzke, 490 U.S. at 327; Von Saher v. Norton Simon Museum of Art at Pasadena, 592 F.3d 954, 960 (9th Cir. 2010), cert. denied, 564 U.S. 1037 (2011). The court applies the same rules of construction in determining whether the complaint states a claim on which relief can be granted. Erickson v. Pardus, 551 U.S. 89, 94 (2007) (court must accept the allegations as true); Scheuer v. Rhodes, 416 U.S. 232, 236 (1974) (court must construe the complaint in the light most favorable to the ^p). Pro se pleadings are held to a less stringent standard than those drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972). However, the court need not accept as true conclusory allegations, unreasonable inferences, or unwarranted deductions of fact. Western Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir. 1981). A formulaic recitation of the elements of a cause of action does not suffice to state a claim. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (2007); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). 24 25 To state a claim on which relief may be granted, the ^p must allege enough facts "to 26 state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570. “A claim has 27 facial plausibility when the ^p pleads factual content that allows the court to draw the 28 reasonable inference that the ^df is liable for the misconduct alleged." Iqbal, 556 U.S. at 2  Case ^c1 Document 31 Filed 11/19/24 @ 3 of 14 1 678. A pro se litigant is entitled to notice of the deficiencies in the complaint and an opportunity 2 3 to amend, unless the complaint's deficiencies could not be cured by amendment. See Akhtar v. Mesa, 698 F.3d 1202, 1212 (9th Cir. 2012). 4 B. The Complaint 5 6 7   18 ^p sues Amazon over alleged “cyber-assaults" under the following causes of action: (1) intentional infliction of e~mal distress (“IIED”) (first, fifth, sixth, and seventh causes of action (“CoA")); (2) gross negligence (second, tenth, and eleventh CoA); (3) unlawful, unfair, and fraudulent business practices (Cal. Bus. & Prof. Code § 17200) (third CoA); (4) gross negligence (fourth CoA); (5) aggravated harassment (eighth CoA); and (6) aggravated stalking (ninth CoA). ECF No. 1-1, ¶¶ 26-96. In general terms, ^p alleges that Amazon enabled a seven-month campaign of "cyberstalking” and “cyber bullying" against him on Amazon's gaming platforms. Id. 15. This culminated in an Amazon employee identified as John Doe #1 permanently banning him from “the New World Official Discord” platform (“New World") on November 8, 2024, which interfered with his investment of over 10,000 hours and $1,700 of real money into that platform. Id. || 17-20. ^p alleges he is a disabled Army veteran who suffers from Complex Childhood PTSD and Complex PTSD. Id. ¶¶ 15. ^p alleges that being banned from New World resulted in congestive heart failure and hospitalization. Id. ¶¶ 16, 21. 19 20   ^p claims that before he was banned, he had been digitally harassed on New World by Amazon employees, "random players," and by groups of other placers “working in concert[.]" Id. 22. ^p also appears to allege that Amazon's “scaling" of difficulty made it harder for him to "beat a game" over time. Id. 78-79. ^p alleges that on November 8, leading up to his banning, Amazon employees began to "time out his texts" and that he, in turn, "began to express frustration with being timed out in" New World. Id. 54-54.  ^p claims Amazon designed New World in a manner that “facilitated" the harassment, stalking, and cyberbullying of ^p. Id. 26. ^p alleges that the design of New World allowed Amazon employees and other players to make ^ps online experience miserable. For example, ^p states that New World allowed “GRIEF” and “GRIEFING,” 3      Case ^c1 Document 31 Filed 11/19/24 @ 4 of 14 through which other players could make jokes or verbal assaults directed to other players, including ^p. Id. at p. 4 (defining the terms); ¶¶ 29 (“One anonymous player has the power to grief the pinnacle of New World's End-Game design and ruin the fun for everyone else in the dungeon lobby.").¹ ^p also complains about bad customer support from Amazon after he was banned from New World. Id. 36-44, 62-67, 70-73. For example, he alleges that from November 10- 17, 2024, "every support ticket, every email, every phone call was closed on the associate level  and was never escalated." Id. 62. Those complaints are the crux of his unfair competition 9 cause of action under Business & Professions Code § 17200 and two of his IIED causes of action. 10 ^p further complains that Amazon failed to enforce the code of conduct that applied 11 12 to New World. Id. 45-46. When he complained to Amazon employees about this, one allegedly told him "You should leave the server." Id. | 48. 13 ^p also alleges that the “aggravated stalking" ^p experienced caused him to 14 "cease" creating content across various social media platforms. Id. 83-84.   19 20 ^p also claims that he "was informed” on November 17, 2024 that Amazon employees "had been manipulating his game experience." Id. ¶¶ 89. But he provides no detail about such alleged “manipulation" and notes that cyber forensics will be needed to “ascertain the full scope of this 'manipulation.” Id. ^p seeks declaratory and injunctive relief, $7 billion in compensatory damages, and $70 billion in punitive damages. Id. at p. 33. 21 C. Analysis 22 This complaint must be dismissed because it fails to state a claim upon which relief can be 23 24 granted. Even though the Court is screening ^p's complaint under 28 U.S.C. § 1915(e)(2), ^df has already filed a ~m to dismiss. The Court has reviewed ^df's ~m 25 and adopts much of its reasoning as to why ^p fails to state a claim upon which relief can be 26 granted. As to the statements of third parties on New World, Amazon is immune from suit under 27 28 1 It is not entirely clear what the “dungeon lobby” is, though, through context, it would seemingly be a virtual space within New World. 4  Case ^c1 Document 31 Filed 11/19/24 @ 5 of 14 Section 230 of the Communications Decency Act. And as to the actions of Amazon employees, 1 2 none of them come close to establishing a plausible basis for tort liability. 3 1. Amazon is Immune from Liability for Third Party Statements Published in New World 4 5 ^p primarily complains about “cyberstalking" and "cyber bullying" by other players   on Amazon's platform. In particular, ^p complains about other players engaging in “grief" or "griefing," which he defines to involve “actions committed in an online world” which “can range from simple jokes, to full on verbal assault..." ECF No. 1-1 at p. 4. While ^p uses the term “actions," that label is somewhat misleading, as ^p is clearly describing the speech of other players.   Section 230 of the Communications Decency Act, "protects apps and websites which receive content posted by third-party users . .. from liability for any of the content posted on their services, even if they take it upon themselves to establish a moderation or filtering system, 14   however imperfect it proves to be." Estate of Bride by and through Bride v. Yolo Technologies, Inc., 112 F.4th 1168, 1175-76 (9th Cir. 2024) (emphasis added). "This immunity persists unless the service is itself responsible, in whole or in part, for the creation or development of the offending content.” Id. at 1176 (emphasis added) (cleaned up). At a basic level, Section 230 confers immunity if "the duty" the ^p seeks to enforce “would necessarily require an 19 internet company to monitor third-party content.” HomeAway.com, Inc. v. City of Santa Monica, 20   918 F.3d 676, 682 (9th Cir. 2019). Section 230 must be construed "in favor of immunity." Fair Hous. Council v. Roommates.com, LLC, 521 F.3d 1157, 1174 (9th Cir. 2008) (en banc). A three-part test governs Section 230 immunity. The statute bars any claim where: (1) the ^df is a “provider... of an interactive computer service”; (2) the claims would treat the ^df as the "publisher" of the relevant content; and (3) the content was “provided by another information content provider.” Barnes v. Yahoo!, Inc., 570 F.3d 1096, 1099-1100 (9th Cir. 2009). (1) Amazon qualifies as a provider of an interactive computer service in light of ^p's allegations. ^p alleges that Amazon, through New World, "created an online environment" for players to connect through a video game. ECF 1-1,26. ^p's claims are not premised on the 5  Case ^c1 Document 31 Filed 11/19/24 @ 6 of 14 1 physical attributes of any gaming device; they are premised, rather, on access that Amazon provided 2 3 4 to New World. Because New World is an “information service, system, or access software provider that provides or enables computer access by multiple users to a computer server," it is an interactive computer service. 47 U.S.C. § 230(f)(2). 5 (2) ^p's claims "treat[]" Amazon “as the publisher" because they seek to hold Amazon 6 7 8 liable for its actions that "involve[] reviewing, editing, and deciding whether to publish or to withdraw from publication third-party content." Barnes, 570 F.3d at 1102. What matters “is not the name of the cause of action," but whether the substantive "duty" the claim seeks to impose  "inherently requires the court to treat the ^df as the 'publisher or speaker' of content provided by another." Id. at 1101-02. Through various causes of action, ^p seeks to impose liability on Amazon based on its role publishing and transmitting allegedly harmful user-generated messages 12 13 within the New World video game. This theory falls in the heartland of Section 230 because it seeks to premise liability on Amazon's alleged publication and dissemination of the third-party speech it 14 15 makes available on its services. The only way Amazon could avoid liability on ^p's theory is by declining to publish the allegedly harmful user messages, and by monitoring all content available on 16 its platforms to ensure that access to any harmful content—here, “cyberbullying”—is removed. 17 18 Section 230 protects online services from exactly this type of claim. See, e.g., Bride v. Snap Inc., 2023 WL 2016927, at *1-2, 5-6 (C.D. Cal. Jan. 10, 2023) (Section 230 barred claim that Snapchat's 19 features enabled "bullying and harassment" of ^p by other users). 20 21 22 (3) The third condition for Section 230 protection is also satisfied. As with the Bride cyberbullying ^p whose claims were barred by Section 230, ^p's claims also concern "harassing" comments posted by other New World “users,” not content that originated with Amazon 23 24 25 itself. 2023 WL 2016927, at *6 (Section 230 applied because Snapchat "did not create or develop the harassing and explicit messages that led to the harm suffered by ^ps; the sending users did"). Nowhere does ^p allege facts that implicate Amazon as being directly involved in 26 "cyberbullying." "The accusation here is fundamentally that [Amazon] should have monitored and 27 curbed third-party content." See Jackson v. Airbnb, Inc., 2022 WL 16753197, at *2 (C.D. Cal. Nov. 28 4, 2022). 6  Case ^c1 Document 31 Filed 11/19/24 @ 7 of 14 ^p's reference to the speech of other gamers as “actions” does not defeat the   5 immunity otherwise conferred by Section 230. “Section 230(c)(1) is implicated not only by claims that explicitly point to third party content but also by claims which, though artfully pleaded to avoid direct reference, implicitly require recourse to that content to establish liability or implicate a ^df's role, broadly defined, in publishing or excluding third party 6 communications.” Gonzalez v. Google, Inc., 282 F. Supp. 3d 1150, 1164 (N.D. Cal. 2017) 7 8 (cleaned up). Section 230 bars ^p's claims against Amazon when it comes to the actions of other New World players. 9 2. ^p Fails to State a Claim as to Any Action by Amazon Employees 10 11 As explained above, Section 230 precludes claims that the design of New World 12 facilitated harmful speech by other players or that Amazon otherwise failed to regulate those 13 14 players' speech. ^p's claims about the direct actions of Amazon employees also fail to state a claim. 15 a. IIED 16 17 18 19 20   ^p fails to state a claim for IIED. To plead a viable IIED claim, a ^p must allege facts showing: (1) "extreme and outrageous conduct by the ^df with the intention of causing, or reckless disregard of the probability of causing, e~mal distress; (2) the ^p's suffering severe or extreme e~mal distress; and (3) actual and proximate causation of the e~mal distress by the ^df's outrageous conduct." Hughes v. Pair, 46 Cal. 4th 1035, 1050 (2009). For ^ps asserting an IIED claim, the California Supreme Court "has set a high bar." Id. at 1051. 25 26 Construing these facts in the best possible light, ^p's allegations boil down to two categories: (1) Amazon designed a specific in-game mechanism that ^p wants Amazon to remove from the game, because it makes the game too difficult; and (2) Amazon banned ^p from New World and continues to deny him access to that platform. Neither category of allegations amount to an IIED claim for at least two reasons. First, ^p pleads no facts suggesting that 27 Amazon acted with the requisite intent to cause him e~mal distress. Second, Amazon's alleged 28 conduct is neither extreme nor outrageous by any objective measure. 7  1 2 Case ^c1 Document 31 Filed 11/19/24 b. Gross Negligence @ 8 of 14 ^p also fails to state gross negligence claims. As with his IIED claims, ^p broadly 3 4 5 alleges two theories of liability: (1) Amazon designed a faulty game mechanism, see ECF No 1-1, 45; and (2) Amazon failed to restore ^p's access to New World after banning him, see id. 93. Neither theory supports a viable gross negligence claim for at least two reasons. First, ^p 6 7 cannot plausibly allege that Amazon owed ^p a legal duty of care. Second, Amazon's alleged conduct is not extreme. 8 9 c. Harassment and Stalking ^p also attempts to set out claims for “aggravated harassment” and “aggravated 10 11 stalking." But as those do not appear to be recognized causes of action under California law, the Court construes them to be claims for civil harassment and stalking. “Harassment” is “unlawful 12 13 14 15 violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose." Cal. Civ. Proc. Code § 527.6(b)(3). “The course of conduct must be such as would cause a reasonable person to suffer substantial e~mal distress...." Id. Stalking requires "a pattern of 16 17 conduct the intent of which was to follow, alarm, place under surveillance, or harass the ^p." Cal. Civ. Code § 1708.7(a)(1). But ^p includes not allegations that Amazon employees engaged 18 in such conduct. And to the extent others players did so through in-game statements, the claims 20 21 22 19 would founder on Section 230 immunity, as described above. ^p states no cause of action for harassment or stalking. d. Unfair Competition Law ^p's Unfair Competition Law (“UCL”) claim under § 17200 also fails. This claim is 23   based on Amazon's allegedly poor customer service after he was banned from New World. ECF No. 1-1, 36-44. Under the UCL, there are three varieties of unfair competition: acts or practices which are (1) unlawful, (2) unfair, or (3) fraudulent. See Herron v. Best Buy Co. Inc., 924 F. Supp. 2d 1161, 1168 (E.D. Cal. 2013). Each prong is a separate and distinct theory of liability. See Lozano v. AT&T Wireless Servs., Inc., 504 F.3d 718, 731 (9th Cir. 2007). A ^p alleging unfair business practices 28 "must state with reasonable particularity the facts supporting the statutory elements of the violation." 8  2     11 12 Case ^c1 Document 31 Filed 11/19/24 @ 9 of 14 1 Khoury v. Maly's of Cal., Inc., 14 Cal. App. 4th 612, 619 (1993). ^p fails to identify under which prong of the UCL he is asserting a claim. Regardless, none of the facts alleged about poor customer service or ^p's banning in the first place come close to satisfying any cognizable UCL theory. First, the "unlawful" prong prohibits business practices "forbidden by law, be it civil or criminal, federal, state, or municipal, statutory, regulatory, or court-made.” Saunders v. Superior Court, 27 Cal. App. 4th 832, 838–39 (1994). The UCL “thus creates an independent action when a business practice violates some other law." Flores v. EMC Mortg. Co., 997 F. Supp. 2d 1088, 1118 (E.D. Cal. 2014) (citing Walker v. Countrywide Home Loans, Inc., 98 Cal. App. 4th 1158, 1170 (2002)). Because ^p cannot state a claim under another “borrowed” law, he cannot state a UCL claim either. See id. (dismissing UCL claim where ^p failed to allege a predicate violation of law). 13   21 22 Second, the "unfair" prong prohibits "conduct that threatens an incipient violation of an antitrust law, or violates the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law, or otherwise significantly threatens or harms competition." Cel- Tech Commc'ns, Inc. v. L.A. Cellular Tel. Co., 20 Cal. 4th 163, 187 (1999). A business practice is unfair when it "offends an established public policy or when the practice is immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers." Podolsky v. First Healthcare Corp., 50 Cal. App. 4th 632, 647 (1996) (cleaned up) (citation omitted). ^p does not plausibly allege that Amazon engaged in any conduct that violates established public policy, or is otherwise immoral, unethical, oppressive, unscrupulous, or substantially injurious to customers. See Cel-Tech Commc'ns, Inc., 20 Cal. 4th at 187. 23   Third, to state a claim under the UCL's “fraudulent" prong, a ^p needs to show that members of the public are likely to be deceived. See, e.g., Shaeffer v. Califia Farms, LLC, 44 Cal. App. 5th 1125, 1135 (2020) (affirming dismissal where juice label was not likely to deceive reasonable consumer and, thus, was not actionable under the UCL). "By focusing on whether 'members of the public' are likely to be deceived, the Unfair Competition Law views the challenged ad or pro~mal practice through the eyes of the ‘reasonable consumer' that is, the ‘ordinary 9    5 Case ^c1 Document 31 Filed 11/19/24 @ 10 of 14 consumer acting reasonably under the circumstances[.]” Id. (citation omitted); see Clemens v. DaimlerChrysler Corp., 534 F.3d 1017, 1025 (9th Cir. 2008) (applying the "reasonable consumer" standard). ^p does not allege that Amazon made false or misleading statements, or otherwise deceived or confused the reasonable person. ^p's claims fail under the "fraudulent" prong as well. 6 II. Leave to Amend is Not Appropriate 7 Leave to amend is not appropriate in this case. Ordinarily, pro se litigants are granted   liberal leave to amend. "Valid reasons for denying leave to amend include undue delay, bad faith, prejudice, and futility." California Architectural Bldg. Prod. v. Franciscan Ceramics, 818 F.2d 1466, 1472 (9th Cir. 1988). Here, leave to amend would be futile. Amazon is immunized from 11 liability for the statements (“grief" and "griefing") made by other players within New World. 12 Moreover, as explained below, ^p can plead no set of facts that would plausibly establish Amazon's liability for the actions of its own employees. 13   21 As to IIED, Amazon's action in failing to design a game the way ^p wants and in banning him from the game cannot rise to the level of "extreme and outrageous," regardless of what hypothetical additional facts he could muster. A ^df's conduct is “outrageous" only when it is "so extreme as to exceed all bounds of that usually tolerated in a civilized community.” Id. at 1050–51 (internal quotation marks and citation omitted). “[C]onduct will be found to be actionable where the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, ‘Outrageous!” Blackshire v. County of 22 23 Yuba, 648 F. Supp. 3d 1221, 1240 (E.D. Cal. 2023) (internal quotation marks omitted) (quoting Cochran v. Cochran, 65 Cal. App. 4th 488, 494 (1998)). Examples of conduct which California courts have concluded do not rise to the level of extreme and outrageous include a ^df's 24 "reprehensible vicious slur" about the ^p likening him to a Nazi war criminal, Koch v. 25 26 27 Goldway, 817 F.2d 507, 510 (9th Cir. 1987); a ^df graphically threatening ^p by placing message on answering machine, Cochran v. Cochran, 65 Cal. App. 4th, 488, 499 (1998); a ^df repeatedly saying ^p was senile and a liar in front of co-workers, Yurick v. 28 Superior Court, 209 Cal. App. 3d 1116, 1127-29 (1989); and police officers watching ^p's 10  Case ^c1 Document 31 Filed 11/19/24 @ 11 of 14 1 stabbing and failing to intervene, Davidson v. City of Westminster, 32 Cal. 3d 197, 201, 210 (1982). 2 ^p's belief that New World has become unplayable for certain players like himself is   not outrageous. See ECF No. 1-1, | 29 (alleging that “one player has the power to . . . ruin the fun for everyone else” and “force[] [players] to play a game they can never win”). Being banned from a game platform also cannot be outrageous conduct. A social media company is not liable for IIED when it disables a user's account due to a purported violation of the platform's 7 8 community standards. See King v. Facebook, Inc., 572 F. Supp. 3d 776, 785–86 (N.D. Cal. 2021) (dismissing social media user's IIED claim with prejudice because Facebook's conduct in banning user was not outrageous as a matter of law). In short, ^p's complaint does not rise above the level of “mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities." Hughes, 46 Cal. 4th at 1051 (internal quotation marks omitted). 12 13 14 15 16 Similarly, there is no possibility that, in the context of this case, ^p could amend to plead the type of extreme conduct required for a gross negligence claim. “[C]ourts have held that conduct that substantially or unreasonably increased the inherent risk of an activity or actively concealed a known risk could amount to gross negligence[.]" Anderson v. Fitness Int'l, LLC, 4 Cal. App. 5th 867, 881 (2016). “Evidence of conduct that evinces an extreme departure from...an 17 18 industry standard also could demonstrate gross negligence." Id. Conversely, “mere nonfeasance, such as the failure to discover a dangerous condition or to perform a duty," typically does not rise to the 19 20 21 22 level of gross negligence. Id. (cleaned up) (quoting Frittelli, Inc. v. 350 N. Canon Drive, LP, 202 Cal. App. 4th 35, 48 (2011)). If given leave to amend, ^p would not be able to offer facts to show that either Amazon's design of the New World game or its alleged failure to provide helpful customer is extreme. 23 24 25 ^p also would not be able to plead additional facts about poor customer service to state a claim for a violation of the California's UCL. Failing to provide adequate customer service is, as a matter of law, not an unfair business practice. See, e.g., Meyer v. Aabaco Small Bus., LLC, 26 27 No. 5:17-cv-02102-EJD, 2018 WL 306688, at *5 (N.D. Cal. Jan. 5, 2018) (finding that ^ps' allegations that their interactions with ^dfs' customer service agents “may have been 28 inconvenient, frustrating and time consuming” were “insufficient" to support a UCL claim under the 11  Case ^c1 Document 31 Filed 11/19/24 @ 12 of 14 1 "unfair" prong); McKinney v. Google, Inc., No. 5:10-CV-01177 EJD (PSG), 2011 WL 3862120, at *7 2 (N.D. Cal. Aug. 30, 2011) (^p's allegations that customer service was inadequate were 3 insufficient to support a claim under the "unfair" prong). 4 III. ~ms to Remand After this case was removed from Sacramento County Superior Court on March 8, 2024, ^p filed three ~ms labeled as “ ~4 ": one filed on March 12, 2024 (ECF No. 3); a second filed on March 13, 2024 (ECF No. 7); and a third filed on March 14, 2024 (ECF No. 9). Those ~ms should be denied.  Amazon timely removed this case pursuant to 28 U.S.C. § 1441(a), which provides that  "any civil action brought in a State court of which the ~dcs of the ~2 have original jurisdiction, may be removed by the ^df or the ^dfs, to the ~dc of 12 the ~2 for the district and division embracing the place where such action is pending." ECF No. 1, 3, 5. This Court has jurisdiction under 28 U.S.C. § 1332(a), which provides: “The ~dcs shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between ... citizens of different States."   This case satisfies the diversity requirement because, for purposes of diversity jurisdiction, ^p is a citizen of California and Amazon is a citizen of Washington and Delaware. See id. 11-12; see also, e.g., Canesco v. Ford Motor Co., 570 F. Supp. 3d 872, 887 (S.D. Cal. 2021) ("Because the Notice of Removal includes allegations that plausibly plead it is a citizen of Delaware and Michigan and ^p is a citizen of California, ^df has shown complete diversity of citizenship between the parties."); Horn v. Experis US, Inc., 2020 WL 3287369, at *2 (E.D. Cal. June 18, 2020) (“Because ^p and ^df are citizens of different states, complete diversity of citizenship exists for purposes of jurisdiction under 28 U.S.C. section 1332(a)(1)."). ^p's passing references to the citizenship of possible Doe ^dfs, see ECF No. 3 at 5, do not defeat diversity jurisdiction. As § 1441(b)(1) expressly states, “the citizenship of ^dfs sued under fictitious names shall be disregarded” when determining whether a civil action is removable based on diversity jurisdiction. See, e.g., Lewis v. Bear 12  Case ^c1 Document 31 Filed 11/19/24 @ 13 of 14   Stearns Residential Mortg. Corp., 2023 WL 5109788, at *3 n.2 (E.D. Cal. Aug. 9, 2023) (dismissing arguments related to citizenship of John Doe ^dfs under § 1441(b)(1)); Thiele v. Travelcenters of America Inc., 2022 WL 392596, at *3 (E.D. Cal. Feb. 9, 2022) (same). The amount-in-controversy requirement is also satisfied because ^p is explicitly seeking at least $77 billion in damages in his Complaint. See Lewis v. Sterling Jewelers Inc., 2018 WL 922352, at *2 (C.D. Cal. Feb. 15, 2018) (holding that amount-in-controversy requirement satisfied "since the Complaint seeks ‘one million dollars' and it does not appear to a legal certainty that ^p's claim is for a lesser amount” (citation omitted)). ^p's ~ms to remand offer no serious rebuttal of these points. The ~ms to remand should be denied. 11 IV. ~m for ~3 12 ^p filed a ~m for a ~3 on March 20, 2024, apparently 13   21 seeking an order requiring Amazon to lift the ban on his New World account under the name “^d.” ECF No. 15 at 3. “A ~3 is an extraordinary remedy never awarded as of right." Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008). A ^p seeking a ~3 must generally establish all four of the following elements: (1) likely success on the merits of his underlying case; (2) he is likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tips in his favor; and (4) an injunction is in the public interest. Garcia v. Google, Inc., 786 F.3d 733, 740 (9th Cir. 2015). A ^p may also prevail by showing serious questions going to the merits, irreparable harm, and a balance of equities that tips strongly in the ^p's favor. All. for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1134-35 (9th Cir. 2011). At a minimum, ^p is not entitled to a ~3 because he cannot state a claim upon which relief can be granted. Failure to state a claim categorically dooms a ~m for a ~3. See Arc of Cal. v. Douglas, 757 F.3d 1975, 993–94 (9th Cir. 2014) (citing E & 25 J Gallo Winery v. Andina Licores S.A., 446 F.3d 984, 990 (9th Cir.2006)).  V. Conclusion ~o that: 28 1. ^p's application to proceed in forma pauperis (“IFP”) (ECF No. 4) be granted.  Case ^c1 Document 31 Filed 11/19/24 @ 14 of 14 ^df's ~m for an extension of time to respond to the Complaint (ECF No. 8) be granted nunc pro tunc. ~r that: 1. ^p's case be dismissed with prejudice at the IFP screening stage for failure to state a claim upon which relief can be granted and because amendment would be futile. 1 2. ^p's ~ms to stay the litigation be denied (ECF Nos. 28, 30). 2    3.  2. ^p's ~ms to remand this case to state court (ECF Nos. 3, 7, 9) be denied. ^p's ~m for a ~3 (ECF No. 15) be denied. 4. ^df's ~ms to dismiss (ECF Nos. 18, 21) be denied as moot, should the District Judge adopt the undersigned's recommendation that the case be dismissed. These findings and recommendations will be submitted to the ~2 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, either party may file written objections with the court. The document should be captioned “Objections to ^mj's Findings and Recommendations." The parties are advised that failure to file objections within the specified time may result in waiver of the right to appeal the ~dc's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). ^n2 ~2 ^mj 16  Dated: November 19, 2024   14  1 2 Case ^c1 Document 31 Filed 11/19/24 @ 1 of 14 ~2 ~dc ~ed     ^a, 11 ^p, 12 V. 13 ^am, 14 ^df.   No. 2:24-cv-729 TLN-SCR ORDERS AND FINDINGS AND RECOMMENDATIONS   ^p is proceeding pro se in this matter, which is referred to the undersigned pursuant to Local Rule 302(c)(21). ^p ^a seeks damages and injunctive relief against ^df ^am (“^df” or “Amazon”), for alleged “cyberstalking" and "cyber bullying" on an Amazon gaming platform. Multiple ~ms are pending before the Court, including ^p's ~ms to remand this action to state court, ^p's ~m for a ~3, ^df's ~m to dismiss, and ^p's ~ms to stay. ^p seeks to proceed in forma pauperis. Before doing anything else, the Court must accordingly perform its mandatory screening function. The Court grants ^ps request for IFP status but finds, in screening the Complaint, that he has failed to state a claim upon which relief can be granted. The Court also finds that amendment would be futile and accordingly recommends that this action be dismissed with prejudice. The undersigned also recommends that the Court deny ^p's ~ms to remand and for a ~3. By resolving the screening issue in favor of dismissal, it is 1  Case ^c1 Document 31 Filed 11/19/24 @ 2 of 14 1 2 unnecessary to adjudicate ^df's ~m to dismiss, which the undersigned recommends denying as moot. 3 I. Screening 4 A. Standards 5 6 7 8 The federal IFP statute requires federal courts to dismiss a case if the action is legally "frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks monetary relief from a ^df who is immune from such relief. 28 U.S.C. § 1915(e)(2). A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. 9 Williams, 490 U.S. 319, 325 (1989). In reviewing a complaint under this standard, the court will 10 11 (1) accept as true all of the factual allegations contained in the complaint, unless they are clearly baseless or fanciful, (2) construe those allegations in the light most favorable to the ^p, and 12 13   21 22 23 (3) resolve all doubts in the ^p's favor. See Neitzke, 490 U.S. at 327; Von Saher v. Norton Simon Museum of Art at Pasadena, 592 F.3d 954, 960 (9th Cir. 2010), cert. denied, 564 U.S. 1037 (2011). The court applies the same rules of construction in determining whether the complaint states a claim on which relief can be granted. Erickson v. Pardus, 551 U.S. 89, 94 (2007) (court must accept the allegations as true); Scheuer v. Rhodes, 416 U.S. 232, 236 (1974) (court must construe the complaint in the light most favorable to the ^p). Pro se pleadings are held to a less stringent standard than those drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972). However, the court need not accept as true conclusory allegations, unreasonable inferences, or unwarranted deductions of fact. Western Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir. 1981). A formulaic recitation of the elements of a cause of action does not suffice to state a claim. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (2007); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). 24 25 To state a claim on which relief may be granted, the ^p must allege enough facts "to 26 state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570. “A claim has 27 facial plausibility when the ^p pleads factual content that allows the court to draw the 28 reasonable inference that the ^df is liable for the misconduct alleged.” Iqbal, 556 U.S. at 2    5 Case ^c1 Document 31 Filed 11/19/24 @ 3 of 14 678. A pro se litigant is entitled to notice of the deficiencies in the complaint and an opportunity to amend, unless the complaint's deficiencies could not be cured by amendment. See Akhtar v. Mesa, 698 F.3d 1202, 1212 (9th Cir. 2012). B. The Complaint ^p sues Amazon over alleged “cyber-assaults" under the following causes of action:   12 (1) intentional infliction of e~mal distress (“IIED”) (first, fifth, sixth, and seventh causes of action (“CoA”)); (2) gross negligence (second, tenth, and eleventh CoA); (3) unlawful, unfair, and fraudulent business practices (Cal. Bus. & Prof. Code § 17200) (third CoA); (4) gross negligence (fourth CoA); (5) aggravated harassment (eighth CoA); and (6) aggravated stalking (ninth CoA). ECF No. 1-1, ¶¶ 26-96. In general terms, ^p alleges that Amazon enabled a seven-month campaign of "cyberstalking” and “cyber bullying” against him on Amazon's gaming platforms. Id.¶ 15. This culminated in an Amazon employee identified as John Doe #1 13 14   permanently banning him from “the New World Official Discord” platform (“New World”) on November 8, 2024, which interfered with his investment of over 10,000 hours and $1,700 of real money into that platform. Id. ¶¶ 17-20. ^p alleges he is a disabled Army veteran who suffers from Complex Childhood PTSD and Complex PTSD. Id. ¶ 15. ^p alleges that being banned from New World resulted in congestive heart failure and hospitalization. Id. ¶¶ 16, 18 21. 19 ^p claims that before he was banned, he had been digitally harassed on New World 20 21 22 23 by Amazon employees, “random players," and by groups of other placers “working in concert[.]" Id. 22. ^p also appears to allege that Amazon's “scaling" of difficulty made it harder for him to “beat a game” over time. Id. ¶¶ 78-79. ^p alleges that on November 8, leading up to his banning, Amazon employees began to “time out his texts” and that he, in turn, “began to 24 express frustration with being timed out in” New World. Id. ¶¶ 54-54. 25 ^p claims Amazon designed New World in a manner that “facilitated" the 26 harassment, stalking, and cyberbullying of ^p. Id. ¶ 26. ^p alleges that the design of 27 New World allowed Amazon employees and other players to make ^ps online experience 28 miserable. For example, ^p states that New World allowed “GRIEF” and “GRIEFING,” 3      Case ^c1 Document 31 Filed 11/19/24 @ 4 of 14 through which other players could make jokes or verbal assaults directed to other players, including ^p. Id. at p. 4 (defining the terms); ¶¶ 29 (“One anonymous player has the power to grief the pinnacle of New World's End-Game design and ruin the fun for everyone else in the dungeon lobby.").¹ ^p also complains about bad customer support from Amazon after he was banned from New World. Id. ¶¶ 36-44, 62-67, 70-73. For example, he alleges that from November 10- 17, 2024, “every support ticket, every email, every phone call was closed on the associate level 8 and was never escalated." Id. 62. Those complaints are the crux of his unfair competition 9 cause of action under Business & Professions Code § 17200 and two of his IIED causes of action. 10 ^p further complains that Amazon failed to enforce the code of conduct that applied 11 12 to New World. Id. 45-46. When he complained to Amazon employees about this, one allegedly told him “You should leave the server.” Id. ¶¶ 48.  ^p also alleges that the “aggravated stalking” ^p experienced caused him to  "cease" creating content across various social media platforms. Id. ¶¶¶ 83-84.    ^p also claims that he "was informed” on November 17, 2024 that Amazon employees "had been manipulating his game experience.” Id. ¶ 89. But he provides no detail about such alleged “manipulation" and notes that cyber forensics will be needed to “ascertain the full scope of this ‘manipulation.” Id. ^p seeks declaratory and injunctive relief, $7 billion in compensatory damages, and $70 billion in punitive damages. Id. at p. 33. 21 C. Analysis 22 23 24 25 This complaint must be dismissed because it fails to state a claim upon which relief can be granted. Even though the Court is screening ^p's complaint under 28 U.S.C. § 1915(e)(2), ^df has already filed a ~m to dismiss. The Court has reviewed ^df's ~m and adopts much of its reasoning as to why ^p fails to state a claim upon which relief can be 26 granted. As to the statements of third parties on New World, Amazon is immune from suit under 27 28 1 It is not entirely clear what the “dungeon lobby" is, though, through context, it would seemingly be a virtual space within New World. 4  Case ^c1 Document 31 Filed 11/19/24 @ 5 of 14 1 Section 230 of the Communications Decency Act. And as to the actions of Amazon employees, 2 none of them come close to establishing a plausible basis for tort liability. 3 1. Amazon is Immune from Liability for Third Party Statements Published in New World 4 5 ^p primarily complains about “cyberstalking” and “cyber bullying" by other players 6 7 on Amazon's platform. In particular, ^p complains about other players engaging in “grief” or "griefing," which he defines to involve “actions committed in an online world” which “can   range from simple jokes, to full on verbal assault . . .” ECF No. 1-1 at p. 4. While ^p uses the term “actions,” that label is somewhat misleading, as ^p is clearly describing the speech of other players. 11 Section 230 of the Communications Decency Act, “protects apps and websites which 12 13 receive content posted by third-party users . . . from liability for any of the content posted on their services, even if they take it upon themselves to establish a moderation or filtering system, 14 15 16 however imperfect it proves to be.” Estate of Bride by and through Bride v. Yolo Technologies, Inc., 112 F.4th 1168, 1175-76 (9th Cir. 2024) (emphasis added). "This immunity persists unless the service is itself responsible, in whole or in part, for the creation or development of the 17 18 offending content.” Id. at 1176 (emphasis added) (cleaned up). At a basic level, Section 230 confers immunity if “the duty” the ^p seeks to enforce “would necessarily require an 19 internet company to monitor third-party content.” HomeAway.com, Inc. v. City of Santa Monica, 20 21 22 918 F.3d 676, 682 (9th Cir. 2019). Section 230 must be construed “in favor of immunity[.]" Fair Hous. Council v. Roommates.com, LLC, 521 F.3d 1157, 1174 (9th Cir. 2008) (en banc). 23 24 25 A three-part test governs Section 230 immunity. The statute bars any claim where: (1) the ^df is a “provider . . . of an interactive computer service”; (2) the claims would treat the ^df as the “publisher” of the relevant content; and (3) the content was “provided by another information content provider.” Barnes v. Yahoo!, Inc., 570 F.3d 1096, 1099-1100 (9th Cir. 2009). 26 27 28 (1) Amazon qualifies as a provider of an interactive computer service in light of ^p's allegations. ^p alleges that Amazon, through New World, “created an online environment” for players to connect through a video game. ECF 1-1,26. ^p's claims are not premised on the 5  Case ^c1 Document 31 Filed 11/19/24 @ 6 of 14 1 physical attributes of any gaming device; they are premised, rather, on access that Amazon provided 2 3 4 to New World. Because New World is an “information service, system, or access software provider that provides or enables computer access by multiple users to a computer server,” it is an interactive computer service. 47 U.S.C. § 230(f)(2). 5 (2) ^p's claims "treat Amazon “as the publisher" because they seek to hold Amazon 6 liable for its actions that “involve[] reviewing, editing, and deciding whether to publish or to 7 8 withdraw from publication third-party content." Barnes, 570 F.3d at 1102. What matters “is not the name of the cause of action," but whether the substantive “duty” the claim seeks to impose 9 10 11 "inherently requires the court to treat the ^df as the 'publisher or speaker' of content provided by another." Id. at 1101–02. Through various causes of action, ^p seeks to impose liability on Amazon based on its role publishing and transmitting allegedly harmful user-generated messages 12 13 within the New World video game. This theory falls in the heartland of Section 230 because it seeks to premise liability on Amazon's alleged publication and dissemination of the third-party speech it 14 15 makes available on its services. The only way Amazon could avoid liability on ^p's theory is by declining to publish the allegedly harmful user messages, and by monitoring all content available on 16 its platforms to ensure that access to any harmful content—here, “cyberbullying”—is removed. 17 18 Section 230 protects online services from exactly this type of claim. See, e.g., Bride v. Snap Inc., 2023 WL 2016927, at *1-2, 5-6 (C.D. Cal. Jan. 10, 2023) (Section 230 barred claim that Snapchat's 19 features enabled “bullying and harassment" of ^p by other users). 20   25 (3) The third condition for Section 230 protection is also satisfied. As with the Bride cyberbullying ^p whose claims were barred by Section 230, ^p's claims also concern "harassing" comments posted by other New World “users," not content that originated with Amazon itself. 2023 WL 2016927, at *6 (Section 230 applied because Snapchat “did not create or develop the harassing and explicit messages that led to the harm suffered by ^ps; the sending users did”). Nowhere does ^p allege facts that implicate Amazon as being directly involved in 26 "cyberbullying.” “The accusation here is fundamentally that [Amazon] should have monitored and 27 curbed third-party content.” See Jackson v. Airbnb, Inc., 2022 WL 16753197, at *2 (C.D. Cal. Nov. 28 4, 2022). 6  Case ^c1 Document 31 Filed 11/19/24 @ 7 of 14   5 ^p's reference to the speech of other gamers as “actions” does not defeat the immunity otherwise conferred by Section 230. “Section 230(c)(1) is implicated not only by claims that explicitly point to third party content but also by claims which, though artfully pleaded to avoid direct reference, implicitly require recourse to that content to establish liability or implicate a ^df's role, broadly defined, in publishing or excluding third party 6 communications.” Gonzalez v. Google, Inc., 282 F. Supp. 3d 1150, 1164 (N.D. Cal. 2017) 7 8 (cleaned up). Section 230 bars ^ps claims against Amazon when it comes to the actions of other New World players. 9 2. ^p Fails to State a Claim as to Any Action by Amazon Employees 10 11 As explained above, Section 230 precludes claims that the design of New World 12 facilitated harmful speech by other players or that Amazon otherwise failed to regulate those 13 14 players' speech. ^p's claims about the direct actions of Amazon employees also fail to state a claim. 15 a. IIED 16 17 18 19 20   ^p fails to state a claim for IIED. To plead a viable IIED claim, a ^p must allege facts showing: (1) “extreme and outrageous conduct by the ^df with the intention of causing, or reckless disregard of the probability of causing, e~mal distress; (2) the ^p's suffering severe or extreme e~mal distress; and (3) actual and proximate causation of the e~mal distress by the ^df's outrageous conduct.” Hughes v. Pair, 46 Cal. 4th 1035, 1050 (2009). For ^ps asserting an IIED claim, the California Supreme Court “has set a high bar.” Id. at 1051. Construing these facts in the best possible light, ^p's allegations boil down to two categories: (1) Amazon designed a specific in-game mechanism that ^p wants Amazon to remove from the game, because it makes the game too difficult; and (2) Amazon banned ^p 25 26 from New World and continues to deny him access to that platform. Neither category of allegations amount to an IIED claim for at least two reasons. First, ^p pleads no facts suggesting that 27 28 Amazon acted with the requisite intent to cause him e~mal distress. Second, Amazon's alleged conduct is neither extreme nor outrageous by any objective measure. 7  1 2 Case ^c1 Document 31 Filed 11/19/24 @ 8 of 14 b. Gross Negligence ^p also fails to state gross negligence claims. As with his IIED claims, ^p broadly 3 4 5 alleges two theories of liability: (1) Amazon designed a faulty game mechanism, see ECF No 1-1, ¶ 45; and (2) Amazon failed to restore ^p's access to New World after banning him, see id. | 93. Neither theory supports a viable gross negligence claim for at least two reasons. First, ^p cannot plausibly allege that Amazon owed ^p a legal duty of care. Second, Amazon's alleged conduct is not extreme. c. Harassment and Stalking ^p also attempts to set out claims for “aggravated harassment” and “aggravated 10 11 stalking." But as those do not appear to be recognized causes of action under California law, the Court construes them to be claims for civil harassment and stalking. “Harassment” is “unlawful   violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose." Cal. Civ. Proc. Code § 527.6(b)(3). “The course of conduct must be such as would cause a reasonable person to suffer substantial e~mal distress...." Id. Stalking requires “a pattern of conduct the intent of which was to follow, alarm, place under surveillance, or harass the ^p." Cal. Civ. Code § 1708.7(a)(1). But ^p includes not allegations that Amazon employees engaged 18 19 20 in such conduct. And to the extent others players did so through in-game statements, the claims would founder on Section 230 immunity, as described above. ^p states no cause of action for harassment or stalking. 21 22 d. Unfair Competition Law ^p's Unfair Competition Law (“UCL”) claim under § 17200 also fails. This claim is 23 24 25 based on Amazon's allegedly poor customer service after he was banned from New World. ECF No. 1-1,¶¶ 36-44. Under the UCL, there are three varieties of unfair competition: acts or practices which are (1) unlawful, (2) unfair, or (3) fraudulent. See Herron v. Best Buy Co. Inc., 924 F. Supp. 2d 1161, 26 27 1168 (E.D. Cal. 2013). Each prong is a separate and distinct theory of liability. See Lozano v. AT&T Wireless Servs., Inc., 504 F.3d 718, 731 (9th Cir. 2007). A ^p alleging unfair business practices 28 "must state with reasonable particularity the facts supporting the statutory elements of the violation." 8    11 12 Case ^c1 Document 31 Filed 11/19/24 @ 9 of 14 Khoury v. Maly's of Cal., Inc., 14 Cal. App. 4th 612, 619 (1993). ^p fails to identify under which prong of the UCL he is asserting a claim. Regardless, none of the facts alleged about poor customer service or ^p's banning in the first place come close to satisfying any cognizable UCL theory. First, the "unlawful” prong prohibits business practices “forbidden by law, be it civil or criminal, federal, state, or municipal, statutory, regulatory, or court-made.” Saunders v. Superior Court, 27 Cal. App. 4th 832, 838–39 (1994). The UCL “thus creates an independent action when a business practice violates some other law.” Flores v. EMC Mortg. Co., 997 F. Supp. 2d 1088, 1118 (E.D. Cal. 2014) (citing Walker v. Countrywide Home Loans, Inc., 98 Cal. App. 4th 1158, 1170 (2002)). Because ^p cannot state a claim under another “borrowed" law, he cannot state a UCL claim either. See id. (dismissing UCL claim where ^p failed to allege a predicate violation of law). 13 14   Second, the “unfair” prong prohibits “conduct that threatens an incipient violation of an antitrust law, or violates the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law, or otherwise significantly threatens or harms competition." Cel- Tech Commc'ns, Inc. v. L.A. Cellular Tel. Co., 20 Cal. 4th 163, 187 (1999). A business practice is unfair when it “offends an established public policy or when the practice is immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers.” Podolsky v. First Healthcare 19 20 21 22 Corp., 50 Cal. App. 4th 632, 647 (1996) (cleaned up) (citation omitted). ^p does not plausibly allege that Amazon engaged in any conduct that violates established public policy, or is otherwise immoral, unethical, oppressive, unscrupulous, or substantially injurious to customers. See Cel-Tech Commc'ns, Inc., 20 Cal. 4th at 187. 23   Third, to state a claim under the UCL's “fraudulent" prong, a ^p needs to show that members of the public are likely to be deceived. See, e.g., Shaeffer v. Califia Farms, LLC, 44 Cal. App. 5th 1125, 1135 (2020) (affirming dismissal where juice label was not likely to deceive reasonable consumer and, thus, was not actionable under the UCL). “By focusing on whether ‘members of the public' are likely to be deceived, the Unfair Competition Law views the challenged ad or pro~mal practice through the eyes of the ‘reasonable consumer'—that is, the ‘ordinary 9    5 Case ^c1 Document 31 Filed 11/19/24 @ 10 of 14 consumer acting reasonably under the circumstances[.]” Id. (citation omitted); see Clemens v. DaimlerChrysler Corp., 534 F.3d 1017, 1025 (9th Cir. 2008) (applying the “reasonable consumer" standard). ^p does not allege that Amazon made false or misleading statements, or otherwise deceived or confused the reasonable person. ^p's claims fail under the “fraudulent" prong as well. 6 II. Leave to Amend is Not Appropriate 7 Leave to amend is not appropriate in this case. Ordinarily, pro se litigants are granted 8 9 liberal leave to amend. “Valid reasons for denying leave to amend include undue delay, bad faith, prejudice, and futility." California Architectural Bldg. Prod. v. Franciscan Ceramics, 818 F.2d 10   1466, 1472 (9th Cir. 1988). Here, leave to amend would be futile. Amazon is immunized from liability for the statements (“grief” and “griefing”) made by other players within New World. Moreover, as explained below, ^p can plead no set of facts that would plausibly establish Amazon's liability for the actions of its own employees. 14     As to IIED, Amazon's action in failing to design a game the way ^p wants and in banning him from the game cannot rise to the level of “extreme and outrageous,” regardless of what hypothetical additional facts he could muster. A ^df's conduct is “outrageous” only when it is “so extreme as to exceed all bounds of that usually tolerated in a civilized community.” Id. at 1050-51 (internal quotation marks and citation omitted). “[C]onduct will be found to be actionable where the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, ‘Outrageous!” Blackshire v. County of Yuba, 648 F. Supp. 3d 1221, 1240 (E.D. Cal. 2023) (internal quotation marks omitted) (quoting Cochran v. Cochran, 65 Cal. App. 4th 488, 494 (1998)). Examples of conduct which California courts have concluded do not rise to the level of extreme and outrageous include a ^df's "reprehensible. . . vicious slur” about the ^p likening him to a Nazi war criminal, Koch v. Goldway, 817 F.2d 507, 510 (9th Cir. 1987); a ^df graphically threatening ^p by placing message on answering machine, Cochran v. Cochran, 65 Cal. App. 4th, 488, 499 (1998); a ^df repeatedly saying ^p was senile and a liar in front of co-workers, Yurick v. Superior Court, 209 Cal. App. 3d 1116, 1127-29 (1989); and police officers watching ^p's 10  Case ^c1 Document 31 Filed 11/19/24 @ 11 of 14 1 stabbing and failing to intervene, Davidson v. City of Westminster, 32 Cal. 3d 197, 201, 210 (1982). 2 ^p's belief that New World has become unplayable for certain players like himself is   not outrageous. See ECF No. 1-1, | 29 (alleging that “one player has the power to . . . ruin the fun for everyone else” and “force[ ] [players] to play a game they can never win”). Being banned from a game platform also cannot be outrageous conduct. A social media company is not liable for IIED when it disables a user's account due to a purported violation of the platform's 7 8 community standards. See King v. Facebook, Inc., 572 F. Supp. 3d 776, 785–86 (N.D. Cal. 2021) (dismissing social media user's IIED claim with prejudice because Facebook's conduct in 9 10 11 banning user was not outrageous as a matter of law). In short, ^ps complaint does not rise above the level of “mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.” Hughes, 46 Cal. 4th at 1051 (internal quotation marks omitted).   Similarly, there is no possibility that, in the context of this case, ^p could amend to plead the type of extreme conduct required for a gross negligence claim. “[C]ourts have held that conduct that substantially or unreasonably increased the inherent risk of an activity or actively concealed a known risk could amount to gross negligence[.]” Anderson v. Fitness Int'l, LLC, 4 Cal. App. 5th 867, 881 (2016). “Evidence of conduct that evinces an extreme departure from . . . an industry standard also could demonstrate gross negligence." Id. Conversely, “mere nonfeasance, such 18 as the failure to discover a dangerous condition or to perform a duty,” typically does not rise to the 19 20 21 22 level of gross negligence. Id. (cleaned up) (quoting Frittelli, Inc. v. 350 N. Canon Drive, LP, 202 Cal. App. 4th 35, 48 (2011)). If given leave to amend, ^p would not be able to offer facts to show that either Amazon's design of the New World game or its alleged failure to provide helpful customer is extreme. 23 24 ^p also would not be able to plead additional facts about poor customer service to state a claim for a violation of the California's UCL. Failing to provide adequate customer service 25 is, as a matter of law, not an unfair business practice. See, e.g., Meyer v. Aabaco Small Bus., LLC, 26 27 No. 5:17-cv-02102-EJD, 2018 WL 306688, at *5 (N.D. Cal. Jan. 5, 2018) (finding that ^ps' allegations that their interactions with ^dfs' customer service agents “may have been 28 inconvenient, frustrating and time consuming” were “insufficient" to support a UCL claim under the 11  Case ^c1 Document 31 Filed 11/19/24 @ 12 of 14 1 "unfair" prong); McKinney v. Google, Inc., No. 5:10-CV-01177 EJD (PSG), 2011 WL 3862120, at *7 2 3 4 (N.D. Cal. Aug. 30, 2011) (^p's allegations that customer service was inadequate were insufficient to support a claim under the “unfair" prong). III. ~ms to Remand 5 6 7 8 After this case was removed from Sacramento County Superior Court on March 8, 2024, ^p filed three ~ms labeled as “~4”: one filed on March 12, 2024 (ECF No. 3); a second filed on March 13, 2024 (ECF No. 7); and a third filed on March 14, 2024 (ECF No. 9). Those ~ms should be denied. 9 Amazon timely removed this case pursuant to 28 U.S.C. § 1441(a), which provides that 10 11 “any civil action brought in a State court of which the ~dcs of the ~2 have original jurisdiction, may be removed by the ^df or the ^dfs, to the ~dc of 12 the ~2 for the district and division embracing the place where such action is pending." ECF No. 1, ¶¶ 3, 5. This Court has jurisdiction under 28 U.S.C. § 1332(a), which provides: “The ~dcs shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between . . . citizens of different States." 17   This case satisfies the diversity requirement because, for purposes of diversity jurisdiction, ^p is a citizen of California and Amazon is a citizen of Washington and Delaware. See id. 11-12; see also, e.g., Canesco v. Ford Motor Co., 570 F. Supp. 3d 872, 887 (S.D. Cal. 2021) ("Because the Notice of Removal includes allegations that plausibly plead it is a citizen of Delaware and Michigan and ^p is a citizen of California, ^df has shown complete diversity of citizenship between the parties.”); Horn v. Experis US, Inc., 2020 WL 3287369, at *2 (E.D. Cal. June 18, 2020) (“Because ^p and ^df are citizens of different states, complete diversity of citizenship exists for purposes of jurisdiction under 28 U.S.C. section 1332(a)(1).”). ^p's passing references to the citizenship of possible Doe ^dfs, see ECF No. 3 at 5, do not defeat diversity jurisdiction. As § 1441(b)(1) expressly states, “the citizenship of ^dfs sued under fictitious names shall be disregarded” when determining whether a civil action is removable based on diversity jurisdiction. See, e.g., Lewis v. Bear 12        21 Case ^c1 Document 31 Filed 11/19/24 @ 13 of 14 Stearns Residential Mortg. Corp., 2023 WL 5109788, at *3 n.2 (E.D. Cal. Aug. 9, 2023) (dismissing arguments related to citizenship of John Doe ^dfs under § 1441(b)(1)); Thiele v. Travelcenters of America Inc., 2022 WL 392596, at *3 (E.D. Cal. Feb. 9, 2022) (same). The amount-in-controversy requirement is also satisfied because ^p is explicitly seeking at least $77 billion in damages in his Complaint. See Lewis v. Sterling Jewelers Inc., 2018 WL 922352, at *2 (C.D. Cal. Feb. 15, 2018) (holding that amount-in-controversy requirement satisfied “since the Complaint seeks ‘one million dollars' and it does not appear to a legal certainty that ^p's claim is for a lesser amount” (citation omitted)). ^p's ~ms to remand offer no serious rebuttal of these points. The ~ms to remand should be denied. IV. ~m for ~3 ^p filed a ~m for a ~3 on March 20, 2024, apparently seeking an order requiring Amazon to lift the ban on his New World account under the name “^d.” ECF No. 15 at 3. “A ~3 is an extraordinary remedy never awarded as of right." Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008). A ^p seeking a ~3 must generally establish all four of the following elements: (1) likely success on the merits of his underlying case; (2) he is likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tips in his favor; and (4) an injunction is in the public interest. Garcia v. Google, Inc., 786 F.3d 733, 740 (9th Cir. 2015). A ^p may also prevail by showing serious questions going to the merits, irreparable harm, and a balance of equities that tips strongly in the ^p's favor. All. for the Wild Rockies v. Cottrell, 632 F.3d 11127, 1134-35 (9th Cir. 2011). At a minimum, ^p is not entitled to a ~3 because he cannot state a claim upon which relief can be granted. Failure to state a claim categorically dooms a ~m for a ~3. See Arc of Cal. v. Douglas, 757 F.3d 975, 993–94 (9th Cir.2014) (citing E & V. Conclusion ~o that:  J Gallo Winery v. Andina Licores S.A., 446 F.3d 984, 990 (9th Cir.2006)). 1. ^p's application to proceed in forma pauperis (“IFP”) (ECF No. 4) be granted. 13  Case ^c1 Document 31 Filed 11/19/24 @ 14 of 14 ~r that: 1. ^p's case be dismissed with prejudice at the IFP screening stage for failure to state a claim upon which relief can be granted and because amendment would be futile. 1 2. ^p's ~ms to stay the litigation be denied (ECF Nos. 28, 30). 2 3 3. ^df's ~m for an extension of time to respond to the Complaint (ECF No. 8) be granted nunc pro tunc. 4   12 13 14 15 2. ^p's ~ms to remand this case to state court (ECF Nos. 3, 7, 9) be denied. 3. ^p's ~m for a ~3 (ECF No. 15) be denied. 4. ^df's ~ms to dismiss (ECF Nos. 18, 21) be denied as moot, should the District Judge adopt the undersigned's recommendation that the case be dismissed. These findings and recommendations will be submitted to the ~2 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, either party may file written objections with the court. The document should be captioned “Objections to ^mj's Findings and Recommendations.” The parties are advised that failure to file objections within the specified time may result in waiver of the right to appeal the ~dc's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). ^n2 ~2 ^mj 16 17 18 19 Dated: November 19, 2024 20   14  ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [31] Order and Findings and Recommendations served on ^a. (Benson, A.)  ### MINUTE ORDER ### Full docket text for document 31: ORDER and FINDINGS and RECOMMENDATIONS signed by ^mj ^n2 on 11/19/24 GRANTING [4] ~m to Proceed IFP; DENYING [28][30] ~ms to Stay and GRANTING [8] ~m for Extension of Time nunc pro tunc and RECOMMENDING that ^p's case be dismissed with prejudice; that ^p's [3] [7] [9] ~ms to Remand be denied; that ^p's [15} ~m for a ~3 be denied; and ^df's [18] [21] ~ms to Dismiss be denied as moot, should the District Judge adopt the undersigned's recommendation that the case be dismissed. Referred to Judge ^n1; Objections to these F&Rs due within 14 days. (Benson, A.)  LIVE 1.8.3 NEXTGEN CM/ECF - ^c5   1 of 1 ### MINUTE ORDER ### Full docket text for document 31: ORDER and FINDINGS and RECOMMENDATIONS signed by ^mj ^n2 on 11/19/24 GRANTING [4] ~m to Proceed IFP; DENYING [28][30] ~ms to Stay and GRANTING [8] ~m for Extension of Time nunc pro tunc and RECOMMENDING that ^p's case be dismissed with prejudice; that ^p's [3] [7] [9] ~ms to Remand be denied; that ^p's [15] ~m for a ~3 be denied; and ^df's [18] [21] ~ms to Dismiss be denied as moot, should the District Judge adopt the undersigned's recommendation that the case be dismissed. Referred to Judge ^n1; Objections to these F&Rs due within 14 days. (Benson, A.) 1/23/2025, 4:01 AM  LIVE 1.8.3 NEXTGEN CM/ECF - ^c5  ### MINUTE ORDER ### Full docket text for document 31: ORDER and FINDINGS and RECOMMENDATIONS signed by ^mj ^n2 on 11/19/24 GRANTING [4] ~m to Proceed IFP; DENYING [28][30] ~ms to Stay and GRANTING [8] ~m for Extension of Time nunc pro tunc and RECOMMENDING that ^p's case be dismissed with prejudice; that ^p's [3] [7] [9] ~ms to Remand be denied; that ^p's [15] ~m for a ~3 be denied; and ^df's [18] [21] ~ms to Dismiss be denied as moot, should the District Judge adopt the undersigned's recommendation that the case be dismissed. Referred to Judge ^n1; Objections to these F&Rs due within 14 days. (Benson, A.) 1/29/2025, 11:37 PM  Case ^c1 Document 32 Filed 02/20/25 @ 1 of 2   7 8 9 ~2 ~dc FOR THE ~ed 10 11 ^a, No. ^c1 12 ^p, 13 V. ORDER 14 ^am, 15 ^df. 16 17 ^p ^a (“^p”), proceeding pro se, filed the above-entitled 18 19 action. The matter was referred to a ~2 ^mj pursuant to Local Rule 302(c)(21). 20   25 On November 19, 2024, the ^mj filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. (ECF No. 31.) Neither party has filed objections to the findings and recommendations. The Court has reviewed the file and finds the findings and recommendations to be supported by the record and by the ^mj's analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 28 in full; 1. The findings and recommendations filed November 19, 2024 (ECF No. 31) are adopted 1  Case ^c1 Document 32 Filed 02/20/25 @ 2 of 2 1 2. ^p's case is dismissed with prejudice at the IFP screening stage for failure to 2 state a claim upon which relief can be granted and because amendment would be futile. 3 4 3. ^p's ~ms to remand this case to state court (ECF Nos. 3, 7, 9) are denied. 4. ^p's ~m for a ~3 (ECF No. 15) is denied. 5 5. ^df's ~ms to dismiss (ECF Nos. 18, 21) are denied as moot and this case is 6 dismissed. 7 IT IS SO ORDERED. 8 Date: February 20, 2025 9 10 11 ^n1 12 CHIEF ~2 DISTRICT JUDGE 13 14     2  LIVE 1.8.3 NEXTGEN CM/ECF - ^c5 https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?121048994741177... 1 of 1 ### MINUTE ORDER ### Full docket text for document 32: ORDER signed by Chief District Judge ^n1 on 2/20/2025 ADOPTING [31] Findings and Recommendations in Full, DENYING [3],[7],[9] ~ms to Remand, DENYING [15] ~m for ~3, DENYING [18],[21] ~ms to Dismiss as Moot, and DISMISSING this case with prejudice for failure to state a claim. CASE CLOSED. (Deputy Clerk AMW) 3/14/2025, 8:03 PM  Case ^c1 Document 33 Filed 02/20/25 @ 1 of 1 ^c6 ^a, V. ^am, JUDGMENT IN A CIVIL CASE CASE NO: ^c1 Decision by the Court. This action came before the Court. The issues have been tried, heard or decided by the judge as follows: IT IS ORDERED AND ADJUDGED THAT JUDGMENT IS HEREBY ENTERED IN ACCORDANCE WITH THE COURT'S ORDER FILED ΟΝ 2/20/2025. ^e: February 20, 2025 /s/ Keith Holland Clerk of Court  Case ^cc1 Document 1-1 Filed 03/08/24 @ 44 of 45 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO COURTHOUSE ADDRESS: Gordon D. Schaber Superior Court 720 9th Street, Sacramento, CA 95814 ^p/PETITIONER: ^a ^df/RESPONDENT: Court Use Only ^am et al NOTICE OF CASE ASSIGNMENT AND CASE MANAGEMENT CONFERENCE (UNLIMITED CIVIL CASE) TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: NOTICE OF CASE ASSIGNMENT CASE NUMBER: ^cc Pursuant to rule 3.734 of the California Rules of Court, this action is hereby assigned for limited purposes to the judicial officers indicated below: PURPOSE LAW & ~m CASE MANAGEMENT PROGRAM ASSIGNED JUDGE Richard K."
   },
   {
     "id": 9,
     "text": "Sueyoshi COURT LOCATION Hall of Justice DEPARTMENT 53 Thadd A. Blizzard Gordon D. Schaber Superior Court 43 Please refer to Chapter Two – Parts 3 and 4 of the Sacramento Superior Court Local Rules and the Court's website for additional filing instructions and hearing reservation information. NOTICE OF CASE MANAGEMENT CONFERENCE Hearing Date The above entitled action has been set for a case management conference at 8:30 AM on January 10, 2025 in Department 43 in accordance with California Rules of Court 3.722. You must be familiar with the case and fully prepared to participate effectively in the case management conference. Case Management Statement All parties must file and serve a case management statement at least 15 calendar days before the case management conference. Parties are encouraged to file a single joint case management statement. Minimum Requirements Prior to the filing of the case management statement, the parties should have done the following: • • • Served all parties named in the complaint within 60 days after the summons has been issued Ensured that all ^dfs and cross-^dfs have answered, been dismissed, or had their defaults entered Met and conferred with all parties as required by CRC 3.724 to discuss and resolve issues set forth therein. NOTICE OF CASE ASSIGNMENT AND CASE MANAGEMENT CONFERENCE (UNLIMITED CIVIL CASE)  Case ^cc1 Document 1-1 Filed 03/08/24 @ 45 of 45 SHORT TITLE: ~h vs ^am, et al. CASE NUMBER: ^cc Tentative Ruling Following its review of the case management statement(s), the court may determine that a case management conference is not necessary. To determine whether an appearance is required, the parties must check the court's tentative rulings after 2:00 p.m. on the Court day before the Friday calendar by accessing the court's internet website at www.saccourt.ca.gov Remote Appearances Unless ordered to appear in person by the court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the court and all other parties in accordance with Code of Civil Procedure 367.75. If appearing remotely, parties are required to participate in their hearing using a device that has video and/or audio capability (i.e. computer, smartphone, or tablet). Although remote participation is not required, the court will presume all parties are appearing remotely for non-evidentiary civil hearings. Certification Filed in Lieu of Case Management Statement If parties in the action file a certification on a form provided by the court at least 15 calendar days prior to the date of the case management conference that the case is short cause (five hours or less of trial time), that the pleading stage is complete and that the case will be ready for trial within 60 days, the case will be exempted from any further case management requirements and will be set for trial within 60-120 days. The certification shall be filed in lieu of a case management statement. Case Management Orders At the case management conference, the court will consider whether the case should be ordered to judicial arbitration or referred to other forms of Alternative Dispute Resolution. Whether or not a case management conference is held, the court will issue a case management order shortly after the scheduled conference date. Service of Notice of Case Assignment and Case Management Conference Unless otherwise ordered by the court, ^p shall serve a copy of this notice on any party to the complaint appearing after the court issued this notice. The cross-complainant shall have the same obligation with respect to the cross-complaint. Compliance Failure to comply with this notice or to appear at the case management conference may result in the imposition of sanctions (including dismissal of the case, striking of the answer, or payment of money). Continuances Case management conference(s) will not be continued except on a showing of good cause. If your case management conference is continued on ~m or by the court on its own ~m all parties shall file and serve a new case management statement at least 15 calendar days before the continued case management conference. Dated: 01/10/2024 By: /s/ K. Johnson K. Johnson, Deputy Clerk NOTICE OF CASE ASSIGNMENT AND CASE MANAGEMENT CONFERENCE (UNLIMITED CIVIL CASE)  Case ^cc1 Document 1-2 Filed 03/08/24 @ 1 of 2 1 MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 2 3 DAVIS WRIGHT TREMAINE LLP ANNIE S. ZHANG (State Bar No. 327381) ^e1 4 865 South Figueroa Street, 24th Floor Los Angeles, California 90017-2566 Telephone: (213) 633-6800 5 Fax: (213) 633-6899 6 7 Attorney for ^dfs ^am   11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SACRAMENTO 13 ^a, 14 15 V. ^p, 16 ^am, and DOES 1-50 ^dfs. Case No. ^cc NOTICE TO STATE COURT AND TO ADVERSE PARTIES OF REMOVAL TO FEDERAL COURT Assigned to the Hon. Richard K. Sueyoshi Dept.: 53 Action ^f: January 10, 2024 17   NOTICE OF FILING NOTICE OF REMOVAL  1 2 Case ^cc1 Document 1-2 Filed 03/08/24 @ 2 of 2 NOTICE OF FILING NOTICE OF REMOVAL Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, ^df ^am (“Amazon”) 3 4 respectfully gives notice to this Court and to ^p ^a that Amazon has removed this action to the ~2 ~dc of the ~ed as set 5 6 7 forth in the Notice of Removal filed in the ~2 ~dc on March 8, attached as ^x A. Pursuant to 28 U.S.C. § 1446(d), this Court “shall proceed no further unless and until the case is remanded." 8 9 DATED: March 8, 2024 DAVIS WRIGHT TREMAINE LLP 10 By: /s/ Mark C. Burnside Mark C. Burnside 11 12 Attorney for ^df ^am 13 14     ^a2  Case ^cc1 Document 1-3 Filed 03/08/24 @ 1 of 3 1|| MARK C. BURNSIDE (State Bar No. 323824) markburnside@dwt.com 2 ANNIE S. ZHANG (State Bar No. 327381) 3 ^e1 DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor 4 Los Angeles, California 90017-2566 Telephone: (213) 633-6800 5 Fax: (213) 633-6899 6 Attorney for ^df ^am 7   11 ^c6 12 ^a, 13 14 V. Case No. ^p, 15 ^am, and DOES 1-50 CERTIFICATE OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENT 16 17   ^dfs. CERTIFICATE OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENT ^a2  Case ^cc1 Document 1-3 Filed 03/08/24 @ 2 of 3 1 (1) The undersigned counsel of record for ^df ^am in this action 2 discloses that ^df ^am is a publicly traded company with no parent company. 3 No publicly held corporation is known to own 10% or more of ^am's stock. The 4 following is a full and complete list of all parties to this action: 5 • ^p ^a; and 6 7 8 ^df ^am (2) The undersigned further certifies that the following is a full and complete list of all 9 other persons, associations, firms, partnerships, or corporations having either a financial interest 10 in or other interest which could be substantially affected by the outcome of this particular case: 11 • 12 13 14 15 16 No other persons, associations, firms, partnerships, or corporations other than those previously listed have either a financial interest in or other interest which could be substantially affected by the outcome of this particular case. (3) The undersigned further certifies that the following is a full and complete list of all persons serving as attorneys for the parties in this proceeding: 17 • Mark C. Burnside, for ^df ^am; and 18 • Annie Zhang, for ^df ^am 19 (4) Pursuant to Civil L.R. 3-15, the undersigned certifies that as of this date, there is no 20 conflict or interest (other than the named parties) to report. 21 22 DATED: March 8, 2024 DAVIS WRIGHT TREMAINE LLP 23 By: /s/ Mark C. Burnside 24 25 Mark C. Burnside Attorney for ^df ^am 26 27 28 1 CERTIFICATE OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENT ^a2  1 Case ^cc1 Document 1-3 Filed 03/08/24 @ 3 of 3 PROOF OF SERVICE BY U.S. MAIL 2 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 3 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566. 4 5 On March 8, 2024, I served the foregoing document(s) described as: CERTIFICATE OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENT by forwarding a portable document file to the electronic mail address(es) below and by placing a true copy of said document(s) enclosed in a sealed envelope(s) for each addressee named below, with the name 6 and address of the person served shown on the envelope as follows: 7 ^a 8 P.O. Box 278004 Sacramento, CA 95827 9 10 Telephone: (916) 365-5434 ^e 11 I placed such envelope(s) with postage thereon fully prepaid for deposit in the ~2 Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondence for mailing with the ~2 Postal Service. I am familiar with the office practice of Davis Wright Tremaine LLP, for collecting and processing 12 correspondence for mailing with the ~2 Postal Service, which practice is that when correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for 13 delivering correspondence to the ~2 Postal Service, such correspondence is delivered to the ~2 Postal Service that same day in the ordinary course of business. 14 15 Federal 16 17 18 19 Shari Sanders Print Name Executed on March 8, 2024, at Los Angeles, California. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Shan Sarders Signature 20   2 CERTIFICATE OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENT ^a2  JS 44 (Rev. 08/18) CIVIL  Case ^cc1 Document 1- TENYE GOYERSHEETled 03/08/24 @ 1 of 2 The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the ~2 in September 1974, is required for the use of the Clerk of of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT @ OF THIS FORM.) I. (a) ^pS ^a ^dfS ^am (b) County of Residence of First Listed ^p Sacramento (EXCEPT IN U.S. ^p CASES) (c) Attorneys (Firm Name, Address, and Telephone Number) (Self Represented) ^a, P.O. Box 278004, Sacramento, CA 95827; Tel.: (916) 365-5434 II. BASIS OF JURISDICTION (Place an "X" in One Box Only) 1U.S. Government ^p 2 U.S. Government ^df 3 Federal Question (U.S. Government Not a Party) County of Residence of First Listed ^df (IN U.S. ^p CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known) Mark Burnside, Davis Wright Tremaine LLP, 865 S. Figueroa, Suite 2400, Los Angeles, CA 90017; Tel.: (213) 633-6800 III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for ^p (For Diversity Cases Only) and One Box for ^df) PTF DEF PTF DEF Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State 4 Diversity Citizen of Another State 2 (Indicate Citizenship of Parties in Item III) 2 Incorporated and Principal Place of Business In Another State 5 5 Citizen or Subject of a Foreign Country 3 3 Foreign Nation 6 6 IV. NATURE OF SUIT (Place an "X" in One Box Only) CONTRACT 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholders' Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers' Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury - Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations TORTS PERSONAL INJURY 365 Personal Injury Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS Habeas Corpus: 463 Alien Detainee 510 ~ms to Vacate Sentence 530 General 445 Amer. w/Disabilities-535 Employment 446 Amer. w/Disabilities Other 448 Education Death Penalty Other: 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee Conditions of Confinement FORFEITURE/PENALTY Click here for: Nature of Suit Code Descriptions. BANKRUPTCY OTHER STATUTES 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act of Property 21 USC 881 690 Other 423 Withdrawal 28 USC 157 LABOR 710 Fair Labor Standards Act 720 Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act IMMIGRATION 462 Naturalization Application 465 Other Immigration Actions PROPERTY RIGHTS ☐ 820 Copyrights 830 Patent 835 Patent - Abbreviated New Drug Application 840 Trademark SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 870 Taxes (U.S. ^p or ^df) 871 IRS-Third Party 26 USC 7609 376 Qui Tam (31 USC 3729(a)) 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 485 Telephone Consumer Protection Act 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes V. ORIGIN (Place an "X" in One Box Only) 2 Removed from State Court 1 Original Proceeding VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) DATE IF ANY 03/08/2024 FOR OFFICE USE ONLY 3 Remanded from Appellate Court ☐ 4 Reinstated or Reopened 5 Transferred from Another District (specify) 6 Multidistrict Litigation - Transfer 8 Multidistrict Litigation - Direct File Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 28 U.S.C. § 1441 Brief description of cause: Dispute relating to ^p's use of his gaming account on video game New World CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. (See instructions): JUDGE DEMAND $ 77,000,000,000.00 SIGNATURE OF ATTORNEY OF RECORD Mark C Burnside CHECK YES only if demanded in complaint: JURY DEMAND: DOCKET NUMBER Yes No RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE  JS 44 Reverse (Rev. 08/18) Case ^cc1 Document 1-4 Filed 03/08/24 @ 2 of 2 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the ~2 in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I.(a) ^ps-^dfs. Enter names (last, first, middle initial) of ^p and ^df. If the ^p or ^df is a government agency, use only the full name or standard abbreviations. If the ^p or ^df is an official within a government agency, identify first the agency and then the official, giving both name and title. II. (b) County of Residence. For each civil case filed, except U.S. ^p cases, enter the name of the county where the first listed ^p resides at the time of filing. In U.S. ^p cases, enter the name of the county in which the first listed ^df resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "^df" is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". III. IV. V. VI. VII. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. ~2 ^p. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the ~2 are included here. ~2 ^df. (2) When the ^p is suing the ~2, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the ~2, an amendment to the Constitution, an act of Congress or a treaty of the ~2. In cases where the U.S. is a party, the U.S. ^p or ^df code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the ~2 ~dcs. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the ~dcs under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the ~dc for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the ~dc. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a ~3. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.  ### MINUTE ORDER ### Full docket text for document 1: NOTICE of REMOVAL from Sacramento County Superior Court, case number ^cc by ^am (Filing fee $ 405, receipt number CCAEDC-11390018) (Attachments: # (1) ^x A, # (2) ^x B, # (3) Certificate of Interested Parties and Corporate Disclosure Statement, # (4) Civil Cover Sheet)(Burnside, Mark)  Case ^cc1 Document 2 Filed 03/08/24 @ 1 of 1 ^c6 Office of the Clerk 501 "I" Street Sacramento, CA 95814 Keith Holland Clerk of Court March 8, 2024 Case Number: ^cc1 PS Case Title: ^a vs. ^am Divisional Office 2500 Tulare Street Fresno, CA 93721 Dear Litigant, You are hereby notified that the above case number has been assigned to your action. You are to include the complete case number on all documents submitted to the court for filing in this case. Failure to do so results in delayed processing of your documents. For the expedient prosecution of this action, and the timely processing of your filings, please comply with the Federal Rules of Civil Procedure and our Local Rules of Court. In particular, you are advised that: Rule 4 of the Federal Rules of Civil Procedure provides that if a ^df is not served within 90 days after service is ordered the court must dismiss the ^df without prejudice. Local Rule 130 requires that documents submitted to the court must be legible, on 8-½" x 11" paper, with writing on one (1) side of the @ only. Each @ should be numbered consecutively at the bottom. Local Rule 131 requires that all pleadings be signed. Local Rule 183 requires that you keep the court, and opposing parties, advised of your current address. Local Rule 230 requires that ~ms not related to discovery be noticed for hearing not less than thirty- five days after service and filing of the ~m. Opposition or a statement of non-opposition shall be in writing and shall be filed and served no later than fourteen (14) days after the ~m was filed. The failure to appear at a properly noticed hearing or file a timely opposition may be deemed a withdrawal of the ~m or of any opposition to the ~m. Other Provisions: Request for Case Status: The court will notify you as soon as any action is taken in your case. Due to the large number of civil actions pending before the court, THE CLERK IS UNABLE TO RESPOND IN WRITING TO INDIVIDUAL INQUIRIES REGARDING THE STATUS OF YOUR CASE. As long as you keep the court apprised of your current address, you will receive all court decisions which might affect the status of your case. Keith Holland, Clerk of Court ~2 ~dc by: db/s/A. Kastilahn Deputy Clerk  Case ^cc1 Document 2-1 Filed 03/08/24 @ 1 of 4 ^c6 501 I STREET, SUITE 15-220 SACRAMENTO, CA 95814 Chambers of KIMBERLY J. MUELLER Chief ~2 District Judge ^mj Consent in Civil Cases: Know Your Rights! Delay, congestion, uncertainty, and expense are concerns often expressed by civil litigants. These concerns have reached a crisis level in the ~ed. Despite the population of our District nearly doubling since 1979 and a corresponding tremendous increase in case filings, for the past 40 years our court has only 6 authorized District Judgeship positions. The U.S. Judicial Conference, the policy-making arm of the federal courts, has recommended for decades that Congress authorize between 5 and 11 new judgeships for this court. While the court is doing what it can to ensure Congress is fully informed regarding our current proposed allocation of 5 new judgeships, we cannot at this point say there is a realistic hope of new District Judgeships in the foreseeable future. As a result, the Eastern District has been significantly congested for many years, consistently carrying average weighted caseloads equal or close to twice the national average for federal trial courts. Given our current more dire circumstances, civil litigants are having to vie for less and less District Judge time and attention. Civil litigants therefore may wish to consider consenting to ^mj jurisdiction, given that the court has a full complement of experienced ^mjs available to preside to the full extent allowed by law. The ^mj consent process can help bring about the "just, speedy, and inexpensive determination" of federal cases. Fed. R. Civ. P. 1. Although their title has changed periodically, ^mjs, as they currently are known, have had a role in the federal courts since passage of the Judiciary Act of 1789. Over time, Congress has expanded and enhanced the position in the interests of maximizing judicial efficiency. Specifically, ^mjs are authorized “to conduct any or all proceedings in a jury or non-jury civil matter and order the entry of judgment in the case” with the consent of the parties. 28 U.S.C. § 636(c). Consent can maximize access to the courts and ease court congestion through effective use of judicial resources. It can provide numerous benefits to litigants including the prospect of an early and firm trial date, when District Judges may not be available to try a civil case given the need to prioritize felony criminal cases. In civil cases, the assigned ^mj already is responsible for resolving discovery disputes, deciding other non-dispositive ~ms and in some instances handling pre-trial proceedings; as a result that judge may be intimately familiar with the case history. Consenting in any civil case allows the ^mj to decide dispositive ~ms and preside over trial, and so can avoid the uncertainty parties may face while waiting for the District Judge to identify time on his or her calendar for trial. Just as with a judgment issued by a District Judge, a judgment issued by a ^mj to whom the parties in a civil case have consented is appealable directly to the Ninth Circuit Court of Appeals. As their professional biographies posted on our court's website show, our ^mjs are well-qualified to preside over the cases assigned them. They are experienced, high-caliber judges  Case ^cc1 Document 2-1 Filed 03/08/24 @ 2 of 4 with diverse experiences in civil and criminal litigation who have been selected on the merits, taking into account their education, experience, knowledge of the court system, personal attributes and other criteria. Our ^mjs are well-qualified to preside over the civil cases brought in our court. To consent to ^mj jurisdiction, a party simply signs and files a consent form. The form is available on the court's website, at this link: http://www.caed.uscourts.gov/caednew/index.cfm/forms/civil/. Parties may consent or withhold consent without any adverse consequences. Once all parties to a case consent, then the assigned District Judge is notified and considers whether to approve the consent. Once the District Judge accepts, then the ^mj determines whether to accept consent jurisdiction, taking the opportunity to consider any conflicts or bases for recusal. All litigants before the federal courts deserve justice delivered in a fair, prompt, and efficient manner. Our ^mjs play a critical role in providing essential access to justice, particularly in our overburdened court. Consenting to ^mj jurisdiction in civil cases may represent one of the best ways to secure "just, speedy, and inexpensive determination” of your case, which is why we want to be sure you are fully aware of your right and ability to consent, and the means of doing so. CHIEF ~2 DISTRICT JUDGE  Case ^cc1 Document 2-1 Filed 03/08/24 @ 3 of 4 NOTICE OF AVAILABILITY OF A ^mj ΤΟ EXERCISE JURISDICTION AND APPEAL INSTRUCTIONS You are hereby notified in accordance with 28 U.S.C §636(c), F.R.Civ.P.73 and Local Rule 305, the ~2 ^mjs sitting in Sacramento and Fresno are available to exercise the court's case-dispositive jurisdiction and to conduct any or all case-dispositive proceedings in this action, including ~ms to dismiss, ~ms for summary judgment, a jury or non jury trial, and entry of a final judgment. Exercise of this jurisdiction by a ^mj is however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court's case-dispositive jurisdiction from being exercised by a ^mj. Any appeal from a judgment entered by a ^mj is taken directly to the ~2 Court of Appeals for the Ninth Circuit or, where appropriate, for the Federal Circuit in the same manner as an appeal from any other judgment of a ~dc. Whether or not the parties consent pursuant to 28 U.S.C. § 636(c), the assigned ^mj will hear all ~ms except those case-dispositive ~ms set forth in 28 U.S.C. § 636(b)(1)(A). A copy of the Form for "Consent to / Decline of Jurisdiction of ~2 ^mj" is attached hereto for pro per use and attorney information. This form is available in fillable .pdf format on the court's web site at www.caed.uscourts.gov for all attorney ECF filers. This form may be filed through CM/ECF or by pro se litigants at the appropriate Clerk's Office location. Office of the Clerk 501 I Street, Room 4-200 Sacramento, CA 95814 Office of the Clerk 2500 Tulare Street, Suite 1501 Fresno, CA 93721  Case ^cc1 Document 2-1 Filed 03/08/24 @ 4 of 4 ^c6 ^a, VS. ^p(s) / Petitioner(s), ^am, ^df(s) / Respondent(s). CASE NO: ^cc1 CONSENT / DECLINE OF U.S. ^mj JURISDICTION IMPORTANT IF YOU CHOOSE TO CONSENT OR DECLINE TO CONSENT TO JURISDICTION OF A ~2 ^mj, CHECK AND SIGN THE APPROPRIATE SECTION OF THIS FORM AND RETURN IT TO THE CLERK'S OFFICE. CONSENT TO JURISDICTION OF ~2 ^mj In accordance with the provisions of Title 28, U.S.C Sec. 636(c)(1), the undersigned hereby voluntarily consents to have a ~2 ^mj conduct all further proceedings in this case, including trial and entry of final judgment, with direct review by the Ninth Circuit Court of Appeals, in the event an appeal is filed. Signature: Print Name: Date: ) ^p / Petitioner () ^df / Respondent Counsel for * Date: DECLINE OF JURISDICTION OF ~2 ^mj Pursuant to Title 28, U.S.C. Sec 636(c)(2), the undersigned acknowledges the availability of a ~2 ^mj but hereby declines to consent. Signature: Print Name: Counsel for () ^p / Petitioner ( ) ^df / Respondent * *If representing more than one party, counsel must indicate the name of each party responding.  ### MINUTE ORDER ### Full docket text for document 2: CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # (1) Consent Form) (Kastilahn, A)    Case ^cc1 Document 3 Filed 03/12/24 @ 1 of 40 ^a ~pa, 95827 (916)-365-5434 ^e 4 ^a, IN PRO PER 5 [FILED MAR 12 2024 CLERK, ~d DEPUTY CLERK     14 ^c6 ^a, ^p, Case No.: ^cc1 EX PARTE APPLICATION FOR ~4 15 16 V. 17   ^am ^df. ~h V. ^am * I. II. III. IV. V. ~~toc~ @ 1 EX PARTE APPLICATION FOR ~4 @ 2 MEMORANDUM AND POINTS OF AUTHORITIES...@ 2-8 PROPOSED ORDER... tba ^xS ... @ 30 28 U.S. CODE § 1447 (c) ~4 must be filed within 30 days of removal. EX PARTE APPLICATION FOR ~4 @ 1  Case ^cc1 Document 3 Filed 03/12/24 @ 2 of 40     14 15 I, ^a, the ^p in this case, hereby ask and implore this court for Ex Parte Application For ~4, to be set to the next available calendar date according to the discretion of the court. This ~m is requested to immediately remand this case back to the state of California, Superior Court, so that the previously filed ~m for ~3 (Filed in the California Superior Court February 9th, 2024, and Scheduled for May 21rst 2024, and Attached as ^x A); This ~m for ~3 was to provide the opportunity for EMERGENCY INJUNCTIVE RELIEF, due to the medical condition caused by Amazon.com, Inc, (Hereafter referred to as Amazon). The opportunity for this Emergency Injunctive relief would be completely curtailed, and undermined, and essentially dissolved, if this Case is removed to the Eastern ~dc, or Federal Court. If date is given at the time of this filing, which is to be determined upon presenting this document to the court, the hearing will proceed on the following calendar day listed below; Hearing Date If the date is blank, then parties will be waiting for notice from the Honorable Judge, or Judges undertaking this discretion in the court. 16 17 18 The Following Declaration has been transcribed under mental and e~mal duress, and I 19 humbly pray and implore that my cries for help may be heard as soon possible by the Honorable 20 21 Judge or Judges hearing my case; I am literally weeping and sobbing trying to compose myself after the phone conversation with Amazon's council Mark Burnside. 22 23 24 I made a good faith effort to contact him and told him of my Urgent Request, he told me I couldn't do any of this, and that my scheduled ~m for ~3 had been cancelled. I   called the ~m Department and it is still scheduled in the Superior Court for May 21rst. He threatened me in every way possible trying to dissuade me from taking these actions telling me that even applying for this could result in the dismissal of my case. He told me I had to pay a bond, I told him I will pay everything I can today (which is 20$). He told me that Amazon could * ~h V. ^am EX PARTE APPLICATION FOR ~4 @ 2  Case ^cc1 Document 3 Filed 03/12/24 @ 3 of 40   5 collect any damages caused by this, I told him I'm on Disability, etc, it was a very unpleasant conversation. He told me he would still be Council for Amazon if it is remanded, I told him that it was fine, and that I respected him. After some more attempts to dissuade me from taking this or any action, He grew frustrated and shouted “WE ARE NEVER GOING TO SETTLE, BYE!" And then hung up the phone. state of e~mal distress and mental duress, these notes are taken from my phone. And I must swiftly file this with the Court today to have some hope that I can be heard. Thank You. 6 7 8 Beginning My Declaration of thoughts and Arguments taken since I was noticed of Removal last Friday March 8th 2024. Again I apologize for the formatting issue, this is all being written in a 9     [Begin Declaration and notes] If this case is immediately remanded back to the Superior Court of California, I can still continue with my ~m for ~3 and this would end this particular emergency. As the ~m for ~3 is scheduled for May 21, and Amazon has 21 days to prepare and has already been served, previously to the action of removal. They were served with the ~m for ~3 on the same day as the complaint, February 9th, 2024. There is still more than ample time for Amazon to prepare, and there is still time for me to receive emergency injunctive relief. That I may preserve the rights, that are exclusively reserved by filing in a California State Court-- that is to discover those who were guilty of "manipulating my in-game experience" and take them from being John does to actual ^dfs upon whom, I have the right, to bring action of the court. I had a hearing pending, specifically a ~m for ~3, to see injunctive relief which I consider to be emergency injunctive relief. Now because Amazon declared its 28 "Diversity" as a resident or citizen of another State--- it has essentially curtailed my legal rights as * ~h V. ^am EX PARTE APPLICATION FOR ~4 @ 3  Case ^cc1 Document 3 Filed 03/12/24 @ 4 of 40     14 15 16 an actual Citizen, by birth and blood, They have curtailed the process of relief which has the ability to provide medical relief for me. How can a corporation deprive the rights of an actual Citizen. I have a right to have a hearing for ~3, to seek injunctive relief. Amazon isn't a citizen, and they should only be subject to our laws, not exercise rights and advantages over actual humans and real citizens. Why does Amazon need this much of a judicial advantage to suffocate a pro se litigant? If Rob Bonta can sue Amazon in a superior court of California -- being an attorney general, than I should be able to sue Amazon in a superior court, when I literally have every disadvantage against me. If Amazon can do business in a certain state, and can affect the economy, and affect the health and well-being of citizens of that state than it should also be subject to that state's laws, especially when there is an aggrieved party, and that party claims legal standing based on the state where it occurred. Amazon has undermined legal action and due process by removing this case to Federal Court and dissolving a pending civil action, a scheduled ~m for preliminary 17 Injunction. Scheduled for May 21, 2024. 18 19 20   Procedurally it should not have any such judicial advantages granted as Amazon is a corporation, not an actual Citizen of the ~1. Amazon should not have the right to curtail, undermine or subdue, pending and rightful legal actions or litigations, feigning to declare residency or citizenship. Especially when these "pseudo-Citizen Rights" have power to cause me further e~mal or or physical harm, or undue hardship when I am already at a legal disadvantage. Therefore I demand that this case be remanded back to California state court, as an 25 emergency, that the pending ~m for ~3 may be resolved and not 26 27 28 undermined, by a corporation feigning to have rights or citizenship, or privileges that should over power my rights as an actual Citizen of the ~1. * ~h V. ^am EX PARTE APPLICATION FOR ~4 @ 4  1 Case ^cc1 Document 3 Filed 03/12/24 @ 5 of 40 2 3 4 5 Therefore I implore that this case be immediately remanded back to the state of California so that the proceeding to move forward ~3 may be preserved as my right to seek relief through due process. If any of these John does are residents of California -- than the State of California has personal and direct jurisdiction. And if even one John Doe is a resident of the state of California - 6 7 than state of California has personal Jurisdiction to hear this case. This right provided to be by 8 California State Court is now being revoked by a corporation, or corporate power, feigning to 9 10     21 22 exercise rights as a pseudo-Citizen, when it already has incredible and overwhelming advantage over a pro-se litigant. There are two Amazon Games studios, where New World developers work, in the state of California, and other Amazon Employees responsible for working on and creating code, and an online matrix for me to be harassed, and cyber bullied, and to have my in game experience manipulated to the point that it caused me intense e~mal distress and ultimately caused me congestive heart failure, and the entire destruction of my intellectual properties, my artwork and my personal business. One of these John does is responsible, and most certainly they are responsible for upholding "FAGHIFA", FahQtoo, {Referring to ^xs which are to be presented at the hearing or as soon as possible} and other abuses of, but because of Amazon exercising pseudo-Citizenship I am denied certain rights and privileges afforded to me as a Citizen and Resident of California where all damages, injuries and suffering occurred. Therefore I plead and implore for the benefits of my own personal medical and mental well 23 24 25 offended by Amazon, and the Jurisdiction in which I was abused by Amazon. being that these processes be allowed to move forward accordingly in the Jurisdiction where I was 26 27 28 * ~h V. ^am EX PARTE APPLICATION FOR ~4 @ 5  Case ^cc1 Document 3 Filed 03/12/24 @ 6 of 40 1 2 In this respect, to the identity of the John Does and their names, being revealed through the due process and discovery process, I may be able to identify my abusers or those responsible for 3 abuses against me. 4 5 6   24 Without this process of allowing me to list John Does I am deprived of a MOST FUNDAMENTAL RIGHT AS A CITIZEN OF CALIFORNIA, one right that is not exercised in Federal Court. And finally -- the state of California has personal jurisdiction to hear this case because Amazon does business here in California and is registered as a corporation, to Doe business in California. Ultimately I am the victim, I am the one seeking an application for judicial relief. And because of the disparity in equities, in that I am alone representing my self against a corporate power, with seemingly unlimited power, and wealth, I should be granted this one power and, choice, and opportunity, to have this proceeding held and litigated in the venue and the court of eligibility of my choosing. I knew that it could be heard in both the Federal and the state courts, and ultimately this was my decision to be heard in the court of my choosing, the California Superior court, County of Sacramento. And again there are rights which frankly are exclusive to my benefit and exclusive to the pursuit of justice that are afforded to me in this court, the Superior court, County of Sacramento. So before the whole process of which I have started to seek injunctive relief is completely undermined, and irreparable damage is caused to dispensed up on me by this undermining, I plead that my case be remanded back into the hands of the State of California for my personal health, mental health and e~mal well being. I have over 10,000 hours invested in my New World game accounts, and over $1700 dollars in purchases of digital goods, in the game. When I am wrongfully expelled from the community 25 discord, how am I not going to experience intense e~mal distress and suffering when rogue 26 hateful Amazon employees exercise unrighteous Dominion over me as a paying, and deeply 27 invested customers. And then worse, they up-end and dissolve any opportunity for me to have the 28 injunctive relief which was scheduled in May 2024 confirming to all legal due processes, so * ~h V. ^am EX PARTE APPLICATION FOR ~4 @ 6  Case ^cc1 Document 3 Filed 03/12/24 @ 7 of 40 1 Amazon essentially gets to assault me destroy my life and then further destroy any attempts to 2 receive injunctive relief, because it declared itself, a corporation to be a citizen of another state.   8 9 I started this action, I chose for it to be heard in California, I want it to be heard in California. If this case is not Remanded back into the state of California than I will be also forced to begin Writs of Certiorari, that this decision may be heard by the Supreme Court. {these were my literal notes and thoughts and I didn't want to redact this part} The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value. 10 Therefore granting a corporation anymore of an advantage, than they already have, is       25 disparaging to me, who have already been deprived of life and liberty without due process, I am not going to give Amazon any more of an advantage than they already have. And if anything may happen to me because of medical conditions, that this is my will, my testimony and my right, because I am the party most greatly affected, and that this right, smh this decision, should be exclusive to myself in this circumstance. We can create new corporations, but we cannot create new souls. Ultimately we will be forced to litigate before the supreme Court, why a corporation with unlimited wealth and power, who is not an actual living soul, should have the right to overpower the agency of myself a living and mortal soul and legitimate citizen of the ~2. Amazon is ultimately a corporation, it is not a citizen of the ~2 by birth, or by blood. Amazon doesn't have congestive heart failure, I do. Amazon as a corporation isn't going to die, I am. As far as any citizenship is considered for Amazon, this "legal" citizenship, as I understand is that it maybe subjected to our laws, but it should not have the power to exercise Human Rights, or rights that give it a judicial advantage over an actual Citizen of the ~1. 26 27 28 Therefore it does not have rights of citizenship in anyway, rather only the right to do business as a corporation in the states of the ~1. Thank you. * ~h V. ^am EX PARTE APPLICATION FOR ~4 @ 7    11 Case ^cc1 Document 3 Filed 03/12/24 @ 8 of 40 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 3-12-24 DATE Quat ^p IN PRO PER ^a 12 13   {Additional Notes from good faith attempt to meet and confer} {ADVERSE PARTY OBJECTIONS}; Mark Burnside informed me Amazon will oppose every object in my application. PHONE CALL AT 1:35 PM WENT TO VOICE MAIL "MARK BURNSIDE TOLD ME WE ARE NEVER GOING TO SETTLE, BYE AND HUNG UP THE PHONE" Mark told me that all of my ~m appointments have been cancelled, after our conversation I called the ~m department, and they said my appointment is still scheduled for 21 ~3 hearing. I need my case to be immediately remanded back to the 22 jurisdiction of the state of California that I might be able to continue with the ~m for 23 ~3 to see medical relief. His behavior is now causing my of a medical 24 25 26 emergency for me, as this is causing me further, undue distress and mental hardship. He told me I had to give him a hearing date, I told him that this is just an application and if granted we will be notified of the hearing date. 27 28 * ~h V. ^am EX PARTE APPLICATION FOR ~4 @ 8  Case ^cc1 Document 3 Filed 03/12/24 @ 9 of 40       I DESERVER THIS RELIEF I DESERVE IT TO BE TIMELY I DESERVE TO BE HEARD AND TALK TO A JUDGE ABOUT EVERYTHING I HAVE SUFFERED TO THIS POINT AND MY NEW DISABILITY CAUSED BY AMAZON ON NOVEMBER 8TH 2023 {my final notes sorry again for everything!! This is so very unreal to me right now!!!} I have an appointment this Friday, March 15th with my cardiologist. This is the first heart doctor I have been able to see, since my injury because of the complications of Medical, and getting this help. I don't have time to write the proposed order, but I will attempt to make this right in future filing, I just have to file this now before the court day is over. I am sorry for the incompleteness of this document I wanted it to be better but after our "Meet and Confer" it appeared to me this is even greater urgency and emergency, thank you. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 3-12-29 DATE ^p IN PRO PER ^a   ~h V. ^am * EX PARTE APPLICATION FOR ~4 @ 9        Case ^cc1 Document 3 Filed 03/12/24 @ 10 of 40 ^xA (copy of pending ~m for ~3) ~h V. ^am * EX PARTE APPLICATION FOR ~4 @ 10  Case ^cc1 Document 3 Filed 03/12/24 @ 11 of 40 1 ^a P.O. BOX 278004 2 SACRAMENTO CA, 95827 (916)-365-5434 3 ^e 4 ^a, IN PRO PER 5 6     SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAΜΕΝΤΟ ^a, ^p, Case No.: ^cc ~m Reservation No.: A00231-001 V. ^am, AND DOES 1-50 ^dfs. ADDRESS OF HEARING: HALL OF JUSTICE ~m DEPARTMENT 813 6TH ST SACRAMENTO, CALIFORNIA, 95814 I. ~~toc~ @ 1 II. NOTICE OF ~m III. ....DATE & TIME @ 1 NOTICE OF ~m AND ~m FOR ~3... @ 2 MEMORANDUM AND POINTS IV. OF AUTHORITIES...@ 5 V. VI. DECLARATIONS... @ 12 ^xS... @ 28 VII. PROPOSED ORDER...@ 30 II. NOTICE OF ~m AND ~m FOR ~3, CAL. CODE CIV. PROC. § 526 DATE: MAY 21, 2024 TIME: 1:30PM LOCATION: DEPARTMENT 53 JUDGE: HON. RICHARD K. SUEYOSHI * ~h V. ^am ~0 @ 1    Case ^cc1 Document 3 Filed 03/12/24 @ 12 of 40 [Local Rule 1.06 (A)] All noticed ~ms in the designated department shall include the following information in   the notice: "Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the court's website. If the party does not have online access, they may call the dedicated phone number (916-874-7858) for the department (53) as referenced in the 8 local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the 9 hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held." 10 11 12 Additionally, all foregoing references to “DIGITAL ^xS” are to be found and located upon the USB drive, provided alongside this document in filing and or service. 13 14     III. NOTICE OF ~m AND ~m FOR ~3, CAL. CODE CIV PROC § 526 (Injunctive relief to preserve status quo of current amazon services and provide some general relief for ^p by restoring access to New World Official Discord community) Το ΑΜΑΖΟΝ.COM, INC., AND DOES 1-50, and to your duly appointed representation in the matters of, Case No.: ^cc- NOTICE IS HERBY GIVEN, that, on MAY 21ST, 2024, at 130PM, that the matter may be heard, in DEPARTMENT 53, at the HALL OF JUSTICE ~m DEPARTMENT, 813 6TH STREET, SACRAMENTO, CALIFORNIA, 95814- ^p will, and hereby does move the court for a ~3 enjoining and restraining the above-named ^dfs and their officers, agents, employees, representatives, and all persons acting in concert or participating with them; that these persons restrain from engaging in or performing, directly or indirectly, any and all of the following acts: * ~h V. ^am ~0 @ 2  Case ^cc1 Document 3 Filed 03/12/24 @ 13 of 40   7 8 A.— ALL NAMED ^dfS, ^am, AND ITS AFFILIATES SHOULD RESTRAIN FROM- banning, abridging, suspending, manipulating, discriminating against, or in any way degrading the quality of ^p's enjoyment, in regards to his accounts associated with, AMAZON.COM RETAIL, NEW WORLD OFFICIAL DISCORD, TWITCH.TV/^d, AUDIBLE, PRIME GAMING, AND NEW WORLD GAME ACCOUNTS WITH CHARACTERS NAMED ^d, AND ^d LOOTS, which as a customer ^p has a right to enjoy throughout the duration of these litigations, and as a loyal paying customer in good standing. In fine-^am, AND ITS AFFILIATES SHOULD NOT RETALIATE 9 AGAINST ^p'S ACCOUNTS OR SERVICES AS A RESULT OF THESE 10 LITIGATIONS AND PROCEEDINGS WITHIN THE COURTS OF CALIFORNIΙΑ.   14 15 16 B.- ALL NAMED ^dfS, ^am, AND ITS AFFILIATES SHOULD RESTRAIN FROM THE CONINUANCE OF THE FOLLOWING ACTS- upholding the permanent ban upon ^p, from the "club, community, or association” known as the "New World Official Discord" said permanent ban being issued by AMAZON GAMES, and its 17 employees. RESTRAIN FROM-upholding the name "^d" as a community flagged word 18 within the NEW WORLD OFFICIAL DISCORD. ^p wishes to have the freedom to enjoy 19 20 these services, restored. Services which are associated with his New World game accounts, which are in fine and good standing. 21 22 This ~m will be made on the grounds of Cal. Code Civ. Proc § 526, 23 "(a) An injunction may be granted in the following cases:   (1) When it appears by the complaint that the ^p is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. * ~h V. ^am ~0 @ 3  Case ^cc1 Document 3 Filed 03/12/24 @ 14 of 40     14 15 16 (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. (3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual. (4) When pecuniary compensation would not afford adequate relief. (5) Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief. This ~m will be based on this notice, on the declarations of ^a, ^l, and Cheryl Douglas, on the memorandum of points and authorities served and filed with this ~m, on the papers and records on file, on the digital ^xs provided with this ~m, and on such oral and documentary evidence as may be presented at the hearing on the ~m. 17 18 19 20 DATE ^p IN PRO PER 21 ^a 22 23   [continue to Memorandum] * ~h V. ^am ~0 @ 4    Case ^cc1 Document 3 Filed 03/12/24 @ 15 of 40 IV. MEMORANDUM OF POINTS AND AUTHORITIES (A.) GENERAL BASIS FOR INJUNCTIVE RELIEF General background and reasoning for request of the above injunctive relief- 7   11 12 1.3 14   The proverbial “straw that broke the camel's back"... This gives rise to the phrase "the last straw", or "the final straw", meaning that the last one in a line of unacceptable occurrences causes a seemingly sudden and strong reaction. After 7 months of being harassed in game, ^p was also wrongfully and abusively banned from the New World Official Discord Community. See specifically paragraphs 52-60 of the complaint, @ 18, within the context of the FIFTH CAUSE OF ACTION. These acts committed on November 8th, 2023, by ^am, OR ITS AFFILIATES WITHIN AMAZON GAMES, COMMUNITY MANAGEMENT, resulted in the causing of intense e~mal distress and permanent injuries to the ^p, requiring lifesaving hospitalization on November 20th – 23rd, 2023 (SEE DIGITAL ^x A. HOSPITAL RECORDS).   These actions have also resulted in permanent damage to the ^p's intellectual properties across Twitch.tv and YouTube.com, permanently damaging his artwork in the form of digital content creation, and resulting in lasting physical and e~mal traumas, and loss of enjoyment of life, and permanently disabling the ^p in the form of congestive heart failure. See also DIGITAL ^x B. for a reproduction of the grounds upon which AMAZON 22 23   GAMES, COMMUNITY MANAGEMENT, expelled ^p "^d" from the club, association or community known as the NEW WORLD OFFICIAL DISCORD. See also DIGITAL ^x C. that shows the NEW WORLD OFFICIAL DISCORD being promoted as an auxiliary or appendix service within the game New World, by ^am, OR ITS AFFILIATES.) 28 ~h V. ^am * ~0 @ 5  Case ^cc1 Document 3 Filed 03/12/24 @ 16 of 40   7 See DIGITAL ^xS D. AND E., after hours of frantic phone calls over several days and requests for escalation, across Amazon.com support chains, the essential dead-end Support, notifying ^p he was being penalized for crimes that didn't exist, [AGAIN SEE ^x B.]. Id Est, how can you be penalized, when you actually did nothing wrong??? And then provide no way to escape such penalties. This is where ^p realizes that AMAZON.COM and AMAZON GAMES COMMUNITY MANAGEMENT—is threatening to destroy all of his investments, on top of being harassed in-game for 7 months, and furthermore, threatening to destroy all his 8 intellectual properties and artwork that he has been working on for approximately 8 years across 9 Twitch.tv and YouTube) 10 11 12 Essentially by refraining and restraining in these, above, acts, “^d" should also be unbanned from New World Official Discord, community, and the undertaking of that specific action will require affirmative or mandatory elements, or be interpreted as affirmative or 13 mandatory elements. Or it may be interpreted as purely prohibitory at the discretion of the   Court, nevertheless it will require some action to undo the Permanent Ban. ^am, will have to take affirmative action to undo the ban upon the Discord User accounts "Dojx" and "Archlinuxprime”. The Business and Personal accounts of ^p respectively, that were banned by ^am, OR ITS AFFILIATES IN AMAZON GAMES, COMMUNITY MANAGEMENT. Also it will require affirmative action to remove the name "^d" as a community flagged word, which is a custom, moderation parameter within the New World Discord. SEE DIGITAL ^x J.   25 26 [General statutory authorities for section A.] It is purposed that ^p and named ^dfs ^am, and Does 1-50 (Herein After as AMAZON), be enjoined in a prohibitory injunction, Authority administered through, Code Civ. Proc. § 526, See also Civ. Code § 3368, 3420. "Civ. Code § 3368. Preventive Relief; method of giving- Preventive relief is given by prohibiting a party from doing that which ought not to be 27 28 done." * ~h V. ^am ~0 @ 6  Case ^cc1 Document 3 Filed 03/12/24 @ 17 of 40 1 Civ. Code § 3420. Preventive Relief; injunction- 2 "Preventive relief is granted by injunction, provisional or final. 3 Cal. Code Civ. Proc § 526, 4 “(a) An injunction may be granted in the following cases: 5 (1) When it appears by the complaint that the ^p is entitled to the relief demanded, 6 and the relief, or any part thereof, consists in restraining the commission or continuance of the act 7 complained of, either for a limited period or perpetually. (2) When it appears by the complaint or 8 affidavits that the commission or continuance of some act during the litigation would produce 9 waste, or great or irreparable injury, to a party to the action. (3) When it appears, during the 10 litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or   14   suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual. (4) When pecuniary compensation would not afford adequate relief. (5) Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief." It is purposed that AMAZON restrain from actions described in in A and B of section III. of this document (III. NOTICE OF ~m AND ~m FOR ~3), however this may require some affirmative action or mandatory action, 19 particularly noted in section B, to compel ^am, to revoke the permanent ban. 18 20 An injunction may have mandatory aspects and still be deemed prohibitory. [See 21 Youngblood v. Wilcox (1987) 207 Cal. App. 3d 1368, 1372 n. 1, 155 Cal. Rptr. 527 (Injunction to 22 23 24 25 prevent club from prohibiting ousted members from use and enjoyment of club facilities pending determination on mertis)] (Excerpt from this case provided as DIGITAL ^x F.) Code Civ. Proc. § 527. “(a) A ~3 may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary 27 injunction shall be granted without notice to the opposing party." 26 28 * ~h V. ^am ~0 @ 7  Case ^cc1 Document 3 Filed 03/12/24 @ 18 of 40     24 (B.) PRESERVATION OF STATUS QUO [POINTS AND ARGUMENTS FOR SECTION B.J It is purposed that parties enter into this injunction, pending litigation, to preserve the status quo of the existing Amazon services, pending a decision on the merits. ^p wishes to be able to enjoy some semblance of the life he had before he was injured by AMAZON. This includes to be able to fully enjoy all the services of the product "New World" which ^p has invested more than 10,000 hours and $1700 dollars [see DIGITAL ^xS G. and H. respectively]. ^p has also suffered damages to his intellectual property across Twitch.tv/^d and YouTube.com/^d—in that he now fears repeated harm and retaliation from AMAZON, because of ^p's lawsuit. AMAZON Employees have purposely closed tech support chats when ^p was trying to report in-game harassment. [see DIGITAL ^x I.] ^p was harassed by AMAZON Employees, and permanently banned from the New World Official Discord and his online Persona or Intellectual Property referred to as “^d” was damaged and threatened by the creation of "^d” as a "community flagged word". As community management effectively have moved to erase the ^p and content creator, “^d”—from the New World Community. [See DIGITAL ^xS J. AND C.] [LEGAL AUTHORITIES SECTION B.J "[A]n injunction preventing the ^df from committing additional violations of the law may not be recharacterized as mandatory merely because it requires the ^df to abandon a course of repeated conduct as to which the ^df asserts a right of some sort. In such cases, the essentially prohibitory character of the order can be seen more clearly by measuring the status quo from the time before the contested conduct began." Daly v. San Bernadino County Bd. of Supervisors, 11 Cal. 5th 1030, 282 Cal. Rptr. 3d 282, 492 P3.d 921 (Cal. 2021). The factor of interim harm involves consideration of such things as the inadequacy of other remedies, the degree of irreparable harm, and the necessity of preserving the status quo. 26 Abrams v. St. John's Hospital & Health Center, 25 Cal. App. 4th 628, 636, 30 Cal. Rptr. 2d 603 (2d 25 27 28 Dist. 1994); 14859 Moorpark Homeowner's Assʼn v. Vrt Corp., 63 Cal. App. 4th 1396, 74 Cal. Rptr. 2d 712 (2d Dist. 1998). ~h V. ^am * ~0 @ 8  Case ^cc1 Document 3 Filed 03/12/24 @ 19 of 40   7 (C.) INTERIM HARM AND INJUNCTION TO PREVENT IRREPERABLE HARM [POINT AND ARGUMENT SECTION C.J To prevent irreparable harm. ^p has already suffered irreparable harm, from the first Banning, by ^am or its affiliates at Amazon Games, Community Management, when they expelled him from the "club, association, or community" known as the New World Official Discord. ^p will continue to suffer irreparable harm if this ban is not lifted and 8 services restored to their original status quo, or state of enjoyment before the harassment began. 9 ^p lives now in continual fear for his investment of over 10,000 hours in his New World 10   Game accounts, and over $1700 dollars [see DIGITAL ^xS G. and H. respectively], and thousands of hours created in Digital Content and Artwork across Twitch.tv, Facebook Gaming, and YouTube.com and thousands of videos. As long as the shadow of ^am, looms over the ^p in this form of perpetual nuisance, harassment, and unrelenting pressure of unrighteous dominion, ^p will 14 15 continue to suffer a loss to health, most dangerously stress upon the heart, because of the undue 16 stress of living in these new circumstances, loss of enjoyment of live, damage to intellectual 17 properties, damage to artwork, among many other types of damages. 18 [LEGAL AUTHORITIES SECTION C.J 19 Under the "irreparable injury” standard, an injunction may issue to prevent wrongs of repeated 20 and continuing character or ones that cause damages estimable only by conjecture and not by any 21 22 23 accurate standard [Huong Que, Inc v. Mitchell Brothers' Santa Ana Theater (1981) 118 Cal. App. 3d 863, 870-871, 173 Cal. Rptr. 476; Wind v. Herbert (1960) 186 Cal. App. 2d 276, 285, 8 cal. Rptr. 817] 24 25 A ~3 will issue when it would be extremely difficult to ascertain the amount of compensation that would afford adequate relief [Code Civ. Proc. § 526(a)(5)]. A ~3 may be granted when it appears that the party applying for relief 26 27 is entitled to the relief demanded, and all or part of the relief consists in restraining the 28 * ~h V. ^am ~0 @ 9  Case ^cc1 Document 3 Filed 03/12/24 @ 20 of 40 1 commission or continuance of the act complained of (or commanding certain conduct) either for a limited period or perpetually. [Code Civ. Proc § 526(a)(1). 2     16 A ~3 may be granted when it appears by the verified complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party in the action. [Code Civ. Proc § 526(a)(2)]. An order granting a ~3 is not fatally flawed because it contains no explicit finding that the injunction is necessary to prevent irreparable injury. [Conover v. Hall (1974) 11 Cal. 3d 384, 850, 114, Cal. Rptr. 642. 523 P. 2d 682]. Whether the damage and injury inflicted is irreparable and entitles the applicant to injunctive relief is so intimately bound up with the question of the availability of an adequate remedy at law that the two may well be considered together [People v. Monterey Fish Products Co. (1925) 195 Cal. 548, 564, 234 P. 398] A ~3 will issue when pecuniary compensation would not afford adequate relief [Code Civ. Proc. § 526(a)(4)], for example when injury to real property is threatened [Contra Costa County v. Pinole Point Properties, LLC (2015) 235 Cal. App. 4th 914, 940-941, 186 Cal. Rptr. 3d 109. 17   (D). BALANCING OF HARDSHIPS, BALANCE OF EQUITIES [POINT AND ARGUMENT SECTION D.] ^p is alone for the time being, in his struggle against a corporate power, ^am, without representation, and suffering irreparable harms each day. Whilst the only things requested of ^am, is essentially to revoke the ban in the New World Official Discord, and not Ban or Disrupt any of ^ps Amazon related services, throughout the duration of pending litigations, or until final judgement upon the merits. ^am, must exercise 5 minutes of community management's hourly work pay, to overturn and discontinue upholding the Permanent Ban upon the ^p. The Graphical User Interface of Discord, can be navigated, and this can be achieve in less than 30 seconds. That is, to revoke this ban, if someone in Community Management knows what they are doing, this can * ~h V. ^am ~0 @ 10  Case ^cc1 Document 3 Filed 03/12/24 @ 21 of 40   5 be achieved in less than 30 seconds. Amazon Games community management already demonstrated such abilities, when they created the name “^d” as a community flagged word. Additionally it costs nothing for ^am, to simply refrain from retaliation, and to refrain from banning or disrupting any of ^p's Amazon related services. Again the whole of this injunction can be satisfied in under 10 minutes, or someone's regular management, workday 6 hourly wage. 7 8 9 Whereas ^p will have to continue to live in Fear, and other damages as listed in the section above, To Prevent Irreparable Harm. 10     21 22 (E). A BOND IS UNNECESSARY [POINTS AND AUTHORITIES SECTION E.J ^p is pleading to waive bond, on grounds that it is unnecessary. Because it comes at no cost for ^am, to do the right thing, and refrain from retaliation, ^p is therefore pleading that any bond be waived. Civil Code § 3513, which provides that “Anyone may waive the advantage of a law intended solely for his benefit." Cal. Code of Civil Procedure § 529; "On granting an injunction, the court or judge must require an undertaking on the part of the applicant to the effect that the applicant will pay to the party enjoined any damages, not exceeding an amount to be specified, the party may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled to the injunction." 23   Section 529 uses the mandatory term "must," but contains no provision that prohibits the waiver of the injunction bond requirement. (See Bickel v. City of Piedmont (1997) 16 Cal.4th 1040, 1049, fn. 4 [California follows established principle that statutory rights may be waived unless statute specifically prohibits waiver]. * ~h V. ^am ~0 @ 11    Case ^cc1 Document 3 Filed 03/12/24 @ 22 of 40 DECLARATIONS 4 A. SUPPORTING DECLARATION OF ^p ^a 5 6 I, ^a, DECLARE; 7 I am ^p in this action, 8 9 Having to live in fear is the greatest damage of all. I cannot fully articulate the extent of 10 11 fear that I have had to live with since I was Hospitalized. All of the different types of fear from worrying about my health and my family, to worrying about my intellectual properties, my     artwork. Fear of how I am going to be able to wage a legal battle with no experience or lawyer but knowing that anything could happen as my health degenerates. Fear of not understanding the full extent, and severity of my Congestive Heart Failure, and trying to navigate securing proper medical care under the "Medi-Cal" umbrella. Perhaps worst of all, what ^am, (Hereinafter as Amazon), is now yet poised to do in response to the legal proceedings. Amazon has power to take all of the things I have loved in the last years since covid and burn all my dreams, and my time and money invested, in this artwork, and creation of Intellectual Properties, and to be fair, many fond memories in spite of being injured at their hand. I am still in shock over what has happened, but I knew it would behoove me to file and organize my complaints and grievances as soon as possible. Even with the diagnosis of Congestive Heart Failure, the outlook is grim. I haven't even been able to secure my first Cardiology appointment, because the first provider told me when I came in, for the appointment, that he didn't accept Medi-Cal after all. Nevertheless, for my family, for myself, for all that I love and have worked at in content creation, and for the pursuit of justice, I have been desperately sailing through these deep and dark waters of fear and doubt to get to this point where I can finally hope to find relief in the form of this ~3. * ~h V. ^am ~0 @ 12  Case ^cc1 Document 3 Filed 03/12/24 @ 23 of 40     14 Gaming can be a competitive world. In 2015 I was the victim of targeted harassment and abuse from employees of Daybreak Games (Formerly Sony Online Entertainment) SEE DIGITAL ^x L. It's been 8 years, 5 months since I was wrongfully banned, along with around 100 members of my Guild that I led at the time. It's a long story and I'm not going to relate all the details. I'm only referring to it because this sort of discrimination by a company or corporate power has happened to me before, but now in this generation it's so very much worse. The wonderful, and also very strange coincidence, regarding how this wrongful ban by Daybreak, was overturned, came by the saving graces of one of the greatest game developers of all time, and now as I said coincidentally--the now former CEO of Amazon Games, John Smedley. In DIGITAL ^x L, you can see the pleading I made to John, which was honestly a shot in the dark as I had obtained his e-mail just from his Twitter account back then. We're not friends or acquaintances, he just wanted to do the right thing when he saw someone in need. Unfortunately, employees of Amazon have done the exact opposite. When I told them I was being harassed on a MASSIVE scale, and as a solo player, and I was pleading for some sort of 15 escalation and investigation their employee told me to basically “leave the server" and closed the 16 17   22 23   support chat on me in the middle of our conversation. SEE DIGITAL EXIBHIT I. (This time in contrast to 2015, I wasn't leading a 300+ man Guild, I was just trying to enjoy my New World Experience, as a solo player and content creator). It's so very strange, because on the retail side, Amazon is always so quick to help me with any problems with any products or delivery, or if something goes wrong, its Amazon Heaven-but in their gaming world as my complaint says, it's literal Amazon Hell. As I stated yes gaming is a competitive environment, but it doesn't have to be toxic. And their support system in Amazon Games doesn't have to be at such terrible disparities in contrast to Amazon Retail. However, there are some very toxic employees, who have caused me intentional suffering, and have been extremely negligent to my cries for help to fix a certain aspect, of the games design, that actually was the worst design and programming experience I have ever witnessed, or been a part of, in any game. 28 ~h V. ^am * ~0 @ 13  Case ^cc1 Document 3 Filed 03/12/24 @ 24 of 40   7 8 This is referred to in my complaint as Dynamic Difficulty Scaling, or generally referred to as Gear Score Scaling—(Scaling and difficultly modifications within high end dungeons). Not only did it ruin my game play experience for 7 months, but it destroyed so many other players experiences as well, not only due to the fact, that the game can be buggy, but because this design could be further exploited by malicious players, to make the game impossible for everyone to play, that was participating in that particular gameplay experience, the M10 Dungeon experience. Nevertheless I pushed through this toxic end-game experience, and toxic responses from Amazon Employees when I tried to bring it up and address it, because I saw greatness in the 9 vision of their game and I still do-but that doesn't justify how I was treated by players because of 10   14   their design flaw, or by their employees. It was cruel and wrong and unbeknownst to myself the actual stress of these events was slowly killing me, literally, by flooding my body with stress and affecting my heart health. It wasn't until November 8th, 2023, when out of the blue I was banned for nothing that I EVER experienced symptoms of Congestive Heart Failure, SEE ^x B. This was the type of conversations I was trying to engage in when something or someone was causing me to be timed out in the New World Official Discord Community. I was just having an honest to God, good gameplay experience conversation, that involved some math, and numbers and in trying to 18 describe these gameplay features with another player-when I started getting, out of the blue 19 20 these weird time outs. Then I was suddenly banned and removed, on both of my accounts. Up to that point I had achieved around 9,000 hours of gameplay experience. I had invested   over $1500 dollars, and I had been creating content, across YouTube, Facebook Gaming and Twitch for a period of over two years since the games release in September 2021-I was and still am one of the most dedicated supporters of the game but I am also in utter shock and disbelief over what has happened and how my life changed, when a rogue Amazon employee decided to uproot me for no reason, and ban me from the Community Discord. I don't have to decipher what makes people jealous, mad, or toxic employees, in any environment. I just know, that it happens all the time, and that someone didn't like me and they targeted me and abused me, and caused me to spiral into a whirlwind of e~mal distress, which * ~h V. ^am ~0 @ 14  Case ^cc1 Document 3 Filed 03/12/24 @ 25 of 40 1 ultimately resulted in my hospitalization 12 days later on November 20th 2023. It should be noted, 2 3 this occurred, after roughly 7 months of the in game stalking, harassment, and abuses I was suffering as well. So, the 7 months of abuse in game, compounded with the abuse of November 8th.     18 19 20 To my horror and sickness on November 17th, 2023, an Amazon Retail agent who was trying to help me escalate the problem with the discord ban, to my horror and sickness, he confirmed to me, what I had suspected after so many terrible and strange in game experiences; he told me that "Staff was found manipulating your in-game experience". The compounding stress of the whole situation, the fear of losing all I had invested in and loved since Covid, being threatened and destroyed-just because some employees didn't like me and their end-game design had a frankly awful mechanic—that I tried to be vocal about and report to the right channels, both in the New World Official Discord, and to Tech Support (which decided closing the chat support over and over was the best way to resolve the situation); this compounding stress caused me to be hospitalized. And Now I have a new life, and I live in shock and fear of what is going to happen next, but I have no other hope but to resolve these things through the legal system. Frankly I am again exhausted, now in this moment, because I have been doing this all on my own, all the research and trying to properly frame and follow all the rules of procedure and rules of the court, and processes to begin this Lawsuit. I am just so simply exhausted and destroyed right now, but I have to do this at least get it started so I can properly focus on finding legal representation, or aid, and I can focus on rehabilitation of my heart and rehabilitation of my artwork and channels. I must frankly apologize to the legal professionals who are reading or seeing these 21 22 pleadings. I know they are complex, they are probably not of a very high standard of quality in 23 terms of presentation, to what you normally see, but again I have been trying to do this all on my 24 25 own because it's a very complex and sophisticated issue that frankly has been very hard to even explain to my family. 26 The rest of my declaration is abridged notes that I have taken along the way-so I 27 apologize in advance for the grammatical errors and the altogether disarray of things but this is 28 ~h V. ^am * ~0 @ 15  Case ^cc1 Document 3 Filed 03/12/24 @ 26 of 40       21 22 24 the best that I can produce at this time and I wish to be thorough and thoughtful in all my endeavors to document and articulate what I have experienced. My abridged notes while preparing for this ~3- From the moment that Amazon banned me from Discord they began to dismantle my intellectual properties and damage my character and damage my intellectual properties. On November 8th, I began to spiral and swirl into a whirlpool of intense e~mal distress, as I began to fear for the safety of my investment (of now over 10,000 hours and over $1700 dollars). Stress is always exceptionally difficult for me to deal with because of my complex childhood PTSD and other things that caused me develop PTSD throughout life and in the service of the USARMY. Gaming has always been my outlet, and the world that I go to for peace and adventures. It is also where I have found a place to create my artwork in the form of Digital Content, and share my adventures with others. It has been of great therapeutic relief for me to feel that I have my own business, and my own productivity, albeit I am disabled. Nevertheless, it has been of great relief for me to be able to feel somewhat “normal” or “functional” in that I view all of my channels, my artwork, and my intellectual properties as my business. I have had wonderful opportunities to work with some of the greatest gaming developers, although my success is not tremendous, but small financially speaking- nevertheless it has given me much therapeutic relief and joy to be able to be productive and independent in this respect. On November 8th, 2023, when a rogue employee of Amazon Games from within Community Management targeted me, and banned me from the community, I suffered the greatest PTSD triggers of my life, inner turmoil, and greatest e~mal distress that I have ever experienced in 23 my life. I immediately began having chest pains, and finding it difficult to breathe. My nights 25 26 between November 8th 2023, to November 20th were restless and filled with nightmares, anger, and distress. 27 28 * ~h V. ^am ~0 @ 16  Case ^cc1 Document 3 Filed 03/12/24 @ 27 of 40   Simply having an active lawsuit forces me to protect my privacy as well as damages my intellectual properties. As a result of protecting my privacy and unpublishing thousands of videos, from my Twitch and YouTube accounts, I have already began to suffer economical damages monetary damages and artistic damages. 5 6 7 Banning me from the new world official Discord was effectively banning me from the new world community and it created an extreme exacerbation of congestive heart failure, which I 8 didn't know I had developed but it also contributed to the congestive heart failure itself. It is also 9 possible that I had suffered some silent heart attacks, or heart attacks but further cardiological 10 treatment and investigation needs to be administered to ascertain more information. 11 12 I have suffered irreparable harm, and I will continue to suffer irreparable harm and damage if I am completely banned from my game accounts due to potential Amazon retaliation, 13 14 because of the Lawsuit. I fear for my own safety knowing that a corporate power could exercise 15 unrighteous dominion further upon me. 16 17 18 19 20   I am in literal fear knowing that Amazon now knows who I am, and I feel like a moving target. Therefore, joining Amazon in a prohibitory injunction will bring relief to me knowing that the court and the law understands my situation. I wish to return to some form of status quo, to the time before I was harmed, and before my injuries."
   },
   {
     "id": 10,
     "text": "I wish to enjoy the new world official Discord and have the wrongful ban, overturned through the mandatory elements of this ~3. When I was wrongfully banned from that Discord, that's when I started having trouble breathing, my nights were restless and my sleep was void of rest, my days and my nights were 25 26 filled with exquisite frustration and fear and irritation. I felt a burning rage, but I knew that I 27 couldn't do anything with it, that I couldn't yell or solve my problems with any sort of anger, and I 28 somehow swallowed this anger and held it inside of myself and inside of my person. * ~h V. ^am ~0 @ 17  Case ^cc1 Document 3 Filed 03/12/24 @ 28 of 40 1 Previous to November 8th 2023, I'd never experienced any symptoms of heart failure but 2 3 4 5 after I was banned from the community and they threatened everything I had worked on for the last 2 years I was completely broken. I didn't know what else they were capable of doing. I feared for everything I had created, and invested in, knowing they have the power to simply ban me with impunity, or because they don't like me.     14 I also do not fully understand the magnitude that worry has on my heart I do not know to what extent current stressors can still hurt my heart, but I know that they are very bad for heart health. This is still bizarre for me and I wake up in shock everyday, I'm in shock that I have a lawsuit I'm in shock that I'm dying, and I'm in shock that any of this is actually real and I have to go through that process every day. I have already suffered irreparable harm to my health, life well-being happiness and to my intellectual properties. If we are not enjoined in an injunction, then I will have no relief, then I will continue to suffer irreparable harm in that I fear for my own safety and the safety of my 15 intellectual properties and access to my game accounts and my Amazon services. 16 17   22 23   I will suffer irreparable harm as fear the threatens to take all that I have built and worked for over the last 2 years, that it can be whimsically destroyed for no reason, that all my hard work and my artwork can be whimsically destroyed with impunity. I will suffer irreparable harm if I must continue to live in fear that Amazon has the power to destroy all my artwork and my hard work, that they have power to destroy these things with impunity and with the power to exercise unrighteous dominion over me. I will continue to suffer irreparable harm if I live in fear, and if it is permitted that said fear can continue to trigger nightmares trigger my PTSD and trigger stress hormones, to be released into my blood and to increase my blood pressure and to affect my heart health. 28 * ~h V. ^am ~0 @ 18  Case ^cc1 Document 3 Filed 03/12/24 @ 29 of 40   5 My intellectual properties have already been damaged as I must protect my privacy and unpublish so much of my content during these proceedings and litigation. I suffer daily knowing that Amazon has the power to destroy all that I love and have built with my over $1,700 investment and over 10,000 hours invested in the new world game and community and in my new world accounts.   12 My content is my artwork. My time spent is my artwork and my warm place. And it's like my service animal, the thing that brings me peace in my disability....this is as damaging to me as taking my health and my life. My artwork, my content, my intellectual properties, my life, and the damages caused to them by Amazon doesn't have a price tag. My experience with Amazon in the digital and gaming world has been terrible and 13 unpleasant and it has injured me and damaged me, and I want this injunction to prevent future 14 1.5 16 17   22 23 irreparable harm pending decision on the merits. I want Amazon games to succeed but it has to be Amazon, the real Amazon and the Games Studio coming together in harmony with Amazon policies and procedures and Amazon needs to take responsibility for causing me this harm. If I have been affected by rogue Amazon employees, how many other players have been affected on the platform. If it happened to me who else is being affected? We are becoming more of a digital world. And we need to be sensitive to that truth. And we cannot let malicious programming or faulty programming Foster a toxic environment whether it's a digital environment or a real-life environment. 24 25 Gaming already has a competitive disposition, but we do not need to foster or feed into the 26 toxic gamer stereotype. If we overlook these digital crimes or digital injustices then we are lacking 27 in our laws because our laws must adapt with society as society becomes more digital or 28 intellectual properties, digital properties, become part of civilization. ~h V. ^am * ~0 @ 19  Case ^cc1 Document 3 Filed 03/12/24 @ 30 of 40   I wish to return to the former status quo, of creating my artwork, enjoying my creations, through my content, enjoying the game (aside from the harassment, stalking and bullying that was part of the M10 Gear Score scaling design). I want to be able to enjoy the New World community Discord, I want to repair my health, freedoms and my happiness, which is all currently at jeopardy knowing that Amazon has the power to terminate all of my services in retaliation to the lawsuit. 7   11 This ~3 will work to preserve the status quo of my services, inasmuch as it is possible considering the irreparable harm that has already occurred. This ~3 will help to preserve status quo by preventing future irreparable harm; harms that have come in the form of more damaged, intellectual property, damaged passion, artwork, health, 12 stress, that contributes to heart failure, stress from having the shadow of Amazon stalkers or 13 malicious community management lying in wait to destroy me, or to destroy and interrupt my services. 14 15 16 At the end of the day, you can't put a price tag on happiness, or the pursuit of 17   22 23 happiness. Equally my business, my artwork, and my intellectual properties and my right to continue to create art, business and intellectual properties Should not be abridged by the arbitrary acts of malicious Amazon employees. My heart is wracked with pain and sorrow. My hobby, my business, my art, my adventures, are all in ruin, and my health is in ruin, because some rogue Amazon employees want to be internet bullies.   SEE ^x K – Which I reported to the Dr. I was having nightmares, and panic attacks and PTSD triggers, causing me tremendous stress after I was targeted and harassed by Amazon employees. * ~h V. ^am ~0 @ 20  Case ^cc1 Document 3 Filed 03/12/24 @ 31 of 40   11 12 Ending of my abridged notes... Again, I apologize for the informal or non-linear portions of this declaration, but these were all important notes I had preserved, and it has been altogether so exhausting and heart- breaking, quite literally, everything I have experienced this last 10 months or so. I am trying my best to format and create this document, in very difficult circumstances. So I plead for understanding, under these time constraints, and complete lack of experience. I know that what is ahead isn't going to be easy, but strangely enough, filing this ~3 is the light at the end of the tunnel for me. I hope to begin to be able to repair my health, and my intellectual properties, and my artwork, and fortify myself with the power of the law going forward. Thank you for your time and consideration. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 13 14   DATE ^p IN PRO PER 18 ^a 19 20   [proceed to the following declaration] * ~h V. ^am ~0 @ 21  1 2 Case ^cc1 Document 3 Filed 03/12/24 @ 32 of 40 B. SUPPORTING DECLARATION OF CHERYL DOUGLAS (MOTHER TO ^p) 3 4 I, Cheryl Douglas, Declare 5 I am mother to ^p ^a, 6 7 On Wednesday, November 8, 2023, I, Cheryl Douglas, ^a's mother, 8 9 arrived home at around 5:20 P.M. Andrew asked if he could use my phone to call Amazon customer service. Andrew was already on his phone and had another gentleman from the 10 Philippines on speaker phone and was insistent that this person escalate his phone call to Amazon 11 higher management. This person was refusing to transfer him back to retail, so Andrew asked to 12 13   21 22 23   use my phone also so that there could be proper transfer or hopes of escalation between the two calls. Andrew then used my phone from 5:20 -- 5:48 P.M. At which time I text messaged my daughter, ^l to tell her the following information. I quote, “Andrew was in quite the state of mind on an Amazon call.” “Guy with the Philippines on the phone so he calls another representative through Amazon, and he was losing his shit!” “I'm like come on Andrew get a grip!" Lauren asks, "What happened? "I quote, I don't know he purchased something, and he wanted a refund or what. But was losing his shit." On Saturday November 11, 2023, I arrived home at 9:20 A.M. from a grocery shopping trip. I observed Andrew on another phone call with Amazon. I again messaged my daughter Lauren; I quote the following statements. "Andrew is on the Amazon anxiety attack over the streaming of game again.” “Sounds like he is getting bullied.” Lauren replied, “Yea that is what he said, and they kicked him from discord for 24 hours. When he never said anything in his chat that was wrong. I am guessing he has a super hater that is an admin for Amazon.” I replied, “It's so crazy the online gaming world has keyboard nazis and they are so e~mal." Lauren's reply to me. "Exactly." 28 ~h V. ^am * ~0 @ 22  Case ^cc1 Document 3 Filed 03/12/24 @ 33 of 40     24 25 I observed over the course of five days when I would come home from work each evening that Andrew was sleeping more than normal. I woke him on Thursday November 16, 2023. To ask where was our Subaru, I had not seen it for a week and was concerned it was missing. Andrew was lying in his bed in the dark he advised me that he was having trouble breathing and I immediately responded to him saying,” It sounds like a heart issue.” Having trouble breathing is most often a heart problem." I also stated that it could also be he has lung issue because he has a history of pneumonia and pleurisy of the lungs. Andrew appeared lethargic when I asked him again. “Where is the Subaru?” He told me it was in another parking stall. It has been there a week, but the battery had died. Andrew was so lethargic that he was exhausted, simply by walking, and trying to remove the dead battery from the Subaru once located. It was so difficult that I brought the wagon cart to safely take the battery to our apartment. It was observed to be a challenging task and he was disoriented during this whole time. On Friday November 17, 2024, I arrived home from work to find Andrew using the oxygen concentrator, in attempts to help him breath better. We inherited this when my father passed away. Andrew asked me if I had an extra inhaler because using the oxygen concentrator and inhaler may help him open his lungs up better. I insisted that there is something very wrong with him after being lethargic for several days and not being able to breathe. I monitored him through the weekend and told him that he needs to really seek medical attention that following Monday. On Monday November 20, 2023, I received a message form Andrew that he had decided to seek medical treatment at the emergency room at Kaiser Permanente. At around 12:20 P.M. I receive an urgent call from my daughter Lauren in distress that Andrew was leaving Kaiser Permanente and that the Emergency Room doctor indicated that Andrew was diagnosed with Congestive Heart Failure and that he only had five years to live and that he was going to leave immediately. Andrew said that Kaiser's emergency room was a wreck and completely packed and causing him even more anxiety and distress. I placed a call to Andrew and asked him to wait for 26 27 me and to not leave the hospital against medical orders. I drove as fast as I could to prevent him 28 * ~h V. ^am ~0 @ 23  Case ^cc1 Document 3 Filed 03/12/24 @ 34 of 40   7 8 from leaving and I called him, and he indicated that he has left and was heading to the nearest 7- 11 that was down the street from the emergency room. I arrived at the 7-11 and observed Andrew walking very slowly into the convenience store. I observed my son to be visibly gray in color and sweating. He was unfazed by my concern that he looked like a walking corpse. I insisted that we go to another emergency room in Roseville Ca. That has better care for their acute patients. Andrew did not go to the emergency room in Roseville until the following day. The whole night Andrew's resting heartbeat rate was elevated to as high as 137 and dropped as low as fifty-two. I knew that if my son did not seek medical attention he may die. 9 10   On Tuesday November 21, 2024, we arrived at the Roseville emergency room and there was no emergency room parking close to the hospital. Andrew and I had no choice but to park about a couple of miles away, at this point Andrew was unable to walk two feet before he could not breathe. He told me to go on ahead of him. But I knew that his current medical condition was 14 15 urgent, and I called his sister to come from the Emergency Room area and take him to the doors. For him not to elope from another Emergency room. Andrew was three times the 16 numbers the day before in the Kaiser emergency room. 17   22 23 He was in a critical medical state with his congestive heart failure. All Andrew was focused on the days he spent in the hospital, during the Thanksgiving week was the maltreatment by Amazon and his numerous phone calls he had made to resolve the problem from being banned from discord. Many times, his heart rate would elevate, and his blood pressure would rise during these discussions about his frustrations with Amazon. The nurses would come in and asked him, what he was talking about, to cause his heart rate to elevate. They advised him not to have these types of conversations because it was causing stress on his heart. 24 Prior to the month of November 2023. I did not observe Andrew to be in a critical medical 25 26 27 state nor did I observe any issues with his "New World" gaming experience prior to November, but he was very isolated and retreated and immersed in his gaming experience, which he used to create content for New World across Twitch and YouTube. 28 * ~h V. ^am ~0 @ 24  ."
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     "text": "  Case ^c2 Document 1 Filed 01/29/24 FILED ^c AND ^a ~pa, 95827 (916)-365-5434 ^e JAN 29 2024 CLERK, ~d BY DEPUTY CLERK 4 ^c AND ^a, IN PRO PER 5 6     ^c6 ^c AND ^a, ^ps, Case No.: 2:24-CV-00331 KJM-CKD (PS ) COMPLAINT SEEKING DAMAGES AND DEMAND FOR JURY TRIAL V. THE EZRALOW COMPANY LLC, FIRST POΙΝΤΕ MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. DOUGLAS V. THE EZRALOW COMPANY LLC I. ~~toc~ @ 1 II. JURISDICTION & VENUE @ 2 III. IV. NATURE OF THIS CASE @ 2 CAUSES OF ACTION @ 7 V. VI. VII. INJUNCTIVE RELIEF @ 12 PRAYER FOR LEGAL AID pg 12 COMPENSATORY DAMAGES PUNITIVE DAMAGES, DEMAND FOR JURY TRIAL ...@ 14 * FEDERAL COMPLAINT @ 1  1 Case ^c2 Document 1 Filed 01/29/24 @ 2 of 17 II. Jurisdiction and Venue 2 3 1. ^ps declare civil rights violations, in that they have been subjected to   8 discrimination, based on disabilities. Age discrimination, elder abuse, as per elder adult, ^c, ^p. Financial exploitation of an elder. Violation of Rights to live peaceably, and enjoy a home, and enjoy the pursuit of happiness. ^ps declare they have been subject to exploitation by the employees of The Ezralow Company LLC, through the subsidiary or auxiliary company known as First Pointe Management Group LLC. As ^ps declare a violation of 9 10 11 Civil Rights, the Federal Court, ~2 ~dc, ~ed, has subject matter jurisdiction over this case, in the form of a Federal Lawsuit. 12 13 III. NATURE OF THIS CASE 14     2. At the height of the post COVID-19 pandemic housing inflation crisis, ^p ^c found an apartment close to her new job at the Montebello Apartments located at 4001 South Watt Avenue, Sacramento California. Operated by First Pointe Management Group LLC, and the Ezralow Company LLC, (Hereinafter generally referring to both as FPMG). 3. In May 2022 ^c and ^a desperately entered into a rental lease agreement, securing the lease out of necessity. The housing crisis was terrible. The complex and sophisticated manipulation of dynamic or strange competitive pricing implemented by FPMG, caused the rental of a 2-bedroom 2-bathroom unit to soar to $2398 per month, in what is now normally $1800-$1900. ^ps signed the lease agreement at the rate of $2398 in May of 2022. 4. Shortly thereafter, the market stabilized, and the “fair market value” was consistently advertised on Montebello Apartments website at $1800-$1900 per month. ^ps were optimistic that at some future point the management would be reasonable and that they could perhaps amend the lease. Moving from Nevada to California, ^ps cast optimism in some of California's "Fair Housing" ideologies. * DOUGLAS V. THE EZRALOW COMPANY LLC FEDERAL COMPLAINT @ 2  Case ^c2 Document 1 Filed 01/29/24 @ 3 of 17   5 5. In June of 2022 ^p ^c's vehicle was ransacked on the property, which is a “gated community”, when she didn't properly secure her vehicle and some valuables were stolen. This would be the first terrible omen of what was yet to come. 6. In November 2022, another family of new tenants moved into the unit directly above the ^ps, occupying unit 180, above. ^ps currently live in unit 179, below. Or in other 6 7 8 words ^ps currently live in unit 179 at 4001 South Watt Avenue, and the new tenants (at the time) moved in directly above them into unit 180. It should be noted that the walls are also very thin and poorly designed. Making disturbances in noise even more exacerbating. 9 10   14   7. A few weeks shortly after the new tenants moved in above, ^ps were alarmed to hear what sounded like a human body being slammed against the ground over and over and a woman screaming and man screaming very loudly and violently. There was an obvious chaotic and violent situation occurring in the unit above. Walls, fixtures, and pictures, shaking vigorously. These disturbances began to be documented and reported shortly thereafter. 8. ^ps both suffer from complex PTSD. These sounds were both disturbing and terrifying. Violent outbursts have occurred and continue to occur, almost weekly to this day, January 25th, 2024, the date that this lawsuit is being drafted. They occur in broad daylight, and at all hours in the deep of the night, causing terrible sleep disturbances for ^ps. 18 9. On or around February 6th 2023, ^p ^a, was at the pool at the Montebello Apartments reading in the sunlight to seek therapeutic relief for his disabilities, 19 20 when he noticed about 20 yards away an altercation breaking out. Some people were screaming 21 22 23 and shouting, and ^p thought they were just having fun then someone started to throw blows, a fight broke out, and one pulled out a gun and shot another. 10. To his terror and shock, ^p ^a, had just witnessed someone getting shot right in front of his eyes. He ran immediately into the office and told Chris 24 25 26 Robello there had been a shooting. Someone in the office phoned the police and the shooter was apprehended. There is a YouTube Video of the incident found at this URL; 27 28 https://www.youtube.com/watch?v=67Wdj aB1mE Or you can search the words in YouTube, 'man shot south watt avenue apartment complex'. * DOUGLAS V. THE EZRALOW COMPANY LLC FEDERAL COMPLAINT @ 3  Case ^c2 Document 1 Filed 01/29/24 @ 4 of 17   7 8 9 11. ^ps now began to live in even deeper, stark terror, and on high alert. Above them in unit 180, directly above them, almost weekly is a new pounding and screaming event, with recent threats of someone screaming they are going to grab a gun. Many recordings from inside ^ps' unit, have been submitted to Montebello Apartments, documenting and witnessing the horror and violence as these tenants abuse each other and the loud sounds resound through the paper-thin walls. And throughout the adjacent buildings, and common areas or “front yards". 12. In March of 2023, it was nearing the time to renew the lease agreement. ^ps believed that Chris Robello the property manager, named ^df, would be sympathetic to their cause and allow them to have the advertised (on Montebello's Website), market value of 10 around $1800-$1900 a month due to the extreme and frightening living conditions. Which would   14   enable ^ps to save money to leave. To their shock and horror, Chris told them they were unable to be given a fair market value. That the policies of FPMG do not allow tenants to have their pricing changed unless they completely move all their belongings from one unit to another. 13. ^ps believe such treatment is inhumane and unfair, being that ^p ^c is a Senior Citizen and ^p ^a is a disabled Veteran who also now suffers from Congestive Heart Failure. ^ps were physically and financially unable to even consider moving their belongings, so suddenly. Still, barely able to afford the rent, and in 18 shock, horror, and duress, nevertheless needing to have shelter, they renewed this terrible lease 19 agreement. ^ps declare that this lease agreement is also a form of age discrimination, 20 financial exploitation of an elder, and elder abuse, among other predatory elements.   25 14. ^ps' vehicles have been ransacked numerous times, as the south gate of the "gated community" is again compromised. Homeless people rummage in the dumpsters and camp in cars, and exploit the property through the night times, and sometimes cause strange disturbances screaming and shouting, resulting in sleep disturbances and terror. 15. ^ps declare that they have been discriminated against because of their 26 disabilities. ^ps inability to alter their living situation has been exploited by the "slum lord" 27 policies, of FPMG and The Ezralow Company LLC. These policies also reinforce Malice, 28 Oppression and Fraud, as employees callously and maliciously deny any reasonable negotiations * DOUGLAS V. THE EZRALOW COMPANY LLC FEDERAL COMPLAINT @ 4  Case ^c2 Document 1 Filed 01/29/24 @ 5 of 17   11 in the rental price. While simultaneously acknowledging the horrible, deplorable, and terrifying living situations that the ^ps endure, and have endured. This is clearly Malice, because it is so simple for them to put profits over disabled people's clear and blatant suffering. A person would have to shut off, very human e~ms, to look at this situation and say that nothing is wrong. A person would have to shut off very human e~ms while choosing not to do anything to accommodate disabled peoples' sufferings. Regardless of the lease agreement, it is wrong. 16. Any person in a jury would agree that it is outrageous and spiteful, and oppressive to deny any accommodations to people living in such a circumstance, where they are paying $2398 dollars per month and the advertised price for new move ins cost, is over $500 dollars less, per month. It is currently advertised at $1850 for a 2-bedroom unit, exact same square footage, and unit type, as the ones ^ps are now occupying. 12 13 17. Any person would feel exploited, having to suffer this alone, each month, in today's economy. Nevertheless, ^ps have also been forced to endure that, and much more including 14 constant e~mal distress from the violent outbursts of the tenants above, in unit 180. ^ps 15 live in fear of a potential active shooter situation occurring again. Fear of their property being 16 17 seized upon while they are away from their apartment, or fear that their vehicles will be ransacked at night.   22 23   18. On January 24th, 2024, ^ps decided to offer negotiation with FPMG and were callously denied by Leslie Huffman, Jr. Regional Manager of FPMG and named ^df. The Next day, Stacy White, Senior Regional Manager, named ^df, told ^p there was no way to change the price of their rent. ^p ^a told Stacy White, that "we have the technology to fly robots to Mars and take pictures. You have the power to change our rent to a fair market value. You have the power to end someone's suffering but you're choosing profits over people. We're disabled and we are trapped here because we can't save money to even leave." (Something to that effect the statement is not verbatim). 19. ^ps were trying to negotiate a 6-month credit, towards their rent, due to the Breach of the Covenant of Quiet Enjoyment, that they have suffered since they've lived at the 28 Montebello Apartments. There hasn't been one month that isn't plagued by terror. ^ps DOUGLAS V. THE EZRALOW COMPANY LLC * FEDERAL COMPLAINT @ 5  Case ^c2 Document 1 Filed 01/29/24 @ 6 of 17 1 simply asked to be accommodated, for the Breach of the Covenant of Quiet Enjoyment. ^ps 2     18 offered to Negotiate three times. March 2023, (before the lease renewal in May 2023), and twice in January, the 24th, and January 25th, 2024. Stacy White, Senior Manager, told ^p ^a that FPMG can do nothing, except allow ^ps to quit the lease unpenalized. And she stated, essentially, "your only other remedy is to try and seek damages in the courts". 20. This marked the end of the negotiation phase with FPMG. Stacy White, driving the final nail in the coffin for negotiations. Now ^ps are compelled to seek damages, for all the cruelty and suffering imposed upon them, in their nightmare stay at the Montebello Apartments. All the named ^dfs, behaving in the utmost inhumane way. While "gambling peoples' future" as pertaining to one of the most Fundamental Human Rights, to quietly enjoy a home and pursue happiness. How can such a degree of inhumanity be so prevalent, in a market that should require the utmost humanity? Greed and Discrimination, prejudice, and the exploitation of peoples for profit, are the main culprits. 21. ^p ^a, asked Stacy White where he can serve the lawsuit or upon whom. Stacy White told ^p that he can serve the lawsuit directly to the Montebello Apartments office, where he lives. ^p is a disabled Veteran and is pleading for leniency in serving the Parties named, as they are together enjoined in a conglomerate; and all together function under the umbrella of, or directly with, The Ezralow Company LLC and the First Pointe 19 Management Group LLC. 20 21 22 23 22. ^ps are in grief and shock, and have no ability to pay for any lawyer. Frankly it is exhausting enough to have endured everything up until this point. It is a greater layer of shock and grief, that there is no compassion, or relief offered, by the complex machine that is the Ezralow Company LLC, and First Point Management Group LLC.   [continue to next @] * DOUGLAS V. THE EZRALOW COMPANY LLC FEDERAL COMPLAINT @ 6    7 8 9 Case ^c2 Document 1 Filed 01/29/24 @ 7 of 17 IV. CAUSES OF ACTION FIRST CAUSE OF ACTION: HOUSING DISCRIMINATION (Cold-hearted and inhumane discrimination, and denial to negotiate fair housing price, so that tenants could save money to safely leave their unit and prudently find new housing.) 23. The California Civil Rights Department's website states; 10 WHAT DISCRIMINATION LOOKS LIKE— 11 12 I. Refusal to negotiate for the sale, or rental, or lease of housing. 13 II. Refusal to make reasonable accommodations in housing rules, policies, 14 15 practices, or services where necessary to provide a disabled person equal opportunity to use and enjoy a dwelling. 16 17 24. 20 18 19 Ezralow, Bryan Ezralow, including their employees Chris Robello, Leslie Huffman and Stacy 21 agents and employees to ignore blatant facts, pertaining to the Breach of the Covenant of Quiet 22 Enjoyment which was suffered, and is continually suffered by the ^ps. FPMG's, and The Ezralow Company LLC's, Policy; (Hereinafter as EZRALOW, referring to BOTH companies or together in their amalgamation, owned and/or operated by Marc White, all named ^dfs) EZRALOW's callous, cold hearted and predatory policies, cause its 23 25. EZRALOW proceeded in denying ^ps, disabled persons and protected class, 24 25 any opportunity for amendment to their lease price. Denying pleadings for Fair Housing, or Fair Market Value Housing, Rent Reasonableness or Fair Market Rent. EZRALOW's unwillingness to negotiate a Fair Market Value lease price adjustment, or amendment, for a protected class, regardless of the breaches and damages suffered; denying ^ps any these negotiations, or 28 pleadings is not just greed. It's a form of hate and discrimination, pivoting on and exploiting the 26 27 * DOUGLAS V. THE EZRALOW COMPANY LLC FEDERAL COMPLAINT @ 7  Case ^c2 Document 1 Filed 01/29/24 @ 8 of 17       21 22 fact that EZRALOW knows, this protected class, can generally do almost nothing to protect themselves, let alone litigate wrongdoings in court. It is a form of harassment and intimidation to deny any negotiations, as it causes ^ps to be forced to maintain the status quo of psychological imprisonment at the Montebello Apartments. 26. ^ps were also financially disabled by the exploitive lease pricing. Due to these circumstances, ^p ^c has been subject to elder abuse, age discrimination, and financial exploitation. 27. This hate empowers their discrimination. In their minds they are the apex predators and masters, ^ps are the servants. There is no negotiation on price to stay in a unit, period. EZRALOW Policy dictates that disabled ^ps would have to uproot themselves, and move all their belongings, and re-apply for a new lease, which was also impossible at the time because EZRALOW simultaneously destroyed ^p ^c “rent credit” due to their payment system being on Mountain Standard Time (at one point), and not Pacific Standard Time. 28. EZRALOW's exploitative and predatory policies, absolutely freezing leasing prices, and refusing to negotiate them at any whit; reflect the terrifying reality that is the Housing Crisis in America. Hidden behind an unknown operation of multiple company identities, and multiple LLCs, and complex asset distributions, allows operations such as EZRALOW's to exist and thrive, and to cause housing prices to skyrocket and to exploit and to tear asunder anyone seeking relief. 29. ^ps have suffered every whit in stark detail, as outlined in the NATURE OF THIS CASE, and the one hundredth part of their suffering cannot be detailed at this moment in this complaint. 30. ^ps have begged and pleaded for relief, and reported dozens incidents of 23 violence, vandalism, abuse, a shooting on the property, and threats of more gun violence. ^ps 24 25 produced audio recording from the tenants in unit 180 above, screaming so loud and threatening 26 27 gun violence, that it was heard by ^ps in their own unit 179. This audio was recorded and submitted to Chris Robello, Leslie Huffman, and Stacy White. 28 DOUGLAS V. THE EZRALOW COMPANY LLC * FEDERAL COMPLAINT @ 8    Case ^c2 Document 1 Filed 01/29/24 @ 9 of 17 31. In spite of these clear reports with perfect evidence, ^ps were still callously denied any relief by management. ^ps were denied to have rent reduced by even one dollar, or even one cent of a dollar, or any reparations or negotiations for damages suffered, in regards to 4 the breach of the Covenant of Quiet Enjoyment. EZRALOW Management denied ^ps any 5 requests that could be negotiated outside of court. This policy was dispensed by Chris Robello 6 7     Property Manager, Leslie Huffman Jr. Regional Manager, and Stacy White Senior Regional Manager of the First Pointe Management Group LLC, at the Montebello Apartments, owned or operated by The Ezralow Company LLC. 32. It goes beyond mere discrimination and retaliation to deny Disabled Persons who have been thus diligent in satisfying all the terms of their lease to this day; it goes beyond mere discrimination and retaliation to deny any financial relief so that ^ps can safely and diligently look for a new safe place to live. It is cold, dead, Corporate Malice, and Corporate Exploitation to do this to Disabled American Citizens and Elder Abuse. 33. ^ps declare that EZRALOW, all named ^dfs, acted in and/or participated in the creation, continuance, issuance, and enforcement of policies, that have caused the ^ps to experience, suffering, damages, financial loss and deprivation, and effective psychological imprisonment. Wherefore, because of the enforcement of EZRALOW's policies, and refusal of negotiations, and refusal of reasonable accommodation to amend the lease price, ^ps have effectively been trapped, and unable to leave. EZRALOW's policies and employees have subject ^ps to fear and intimidation, as a result. ^ps declare that these tactics, and tools of their policy, are a form of intimidation and harassment to keep ^ps locked into this 22 scheme of financial, and psychological imprisonment. All simply to increase EZRALOW's profits. 23 ^ps believe it is possible EZRALOW may have halted the eviction process of unit 180, to 24 gamble ^ps' fate.   SECOND CAUSE OF ACTION: GROSS NEGLIGENCE (General overall negligence, duty to care for Tenants in desperation to be free) * DOUGLAS V. THE EZRALOW COMPANY LLC FEDERAL COMPLAINT @ 9  Case ^c2 Document 1 Filed 01/29/24 @ 10 of 17       34. EZRALOW's profits over people policy, has created a nightmare living situation for ^ps, and caused them to endure 20 months of terror, Breach of Covenant of Quiet Enjoyment, and feeling of being unsafe in a place that is supposed to be their Home. EZRALOW has a duty to do proper background checks, and secure the gates, and have increased security after the shooting, and after the threats of tenants screaming about using guns. EZRALOW has a duty to ^ps, to modify rent or lease agreement or award them damages, for the Breach of the Covenant of Quiet Enjoyment. EZRALOW has a duty to foster a safe community. 35. Instead EZRALOW has suffocated ^ps and denied all attempts to negotiate rent so they can leave. EZRALOW's financially exploitative, elder abusive, immortally-price-fixed, Post-Covid-19-peak-housing-crisis-locked-agreement, has financially disabled ^ps and caused them to suffer excruciating hardships during this time period. EZRALOW knows that ^ps are disabled, that ^p, ^a was the first eyewitness to the shooting, which he also reported to his psychiatrist immediately after it happened. He was also injured on the premises of the Montebello Apartments, by having to witness this terrifying incident. 36. Because of the grotesque and exploitative policies of EZRALOW, ^ps have had to endure psychological torture from their upstairs neighbors, psychological torture, and fear in having their belongings and selves assaulted and ransacked. ^p ^c asked for a reasonable fair market Value in March of 2023, so she and her son could save money to leave, respectfully, not pursuing any damages for the pain and suffering she had endured up to that point; and was denied by Chris Robello administering EZRALOW's profits over people policies. 37. The substantive result of stated Gross Negligence and Discrimination has resulted in 20 months of pure hell and suffering for the disabled ^ps who have constantly been in PTSD triggers and now have new layers of PTSD, because of EZRALOW. Ironically the word Ezra means help in Hebrew/Aramaic. ^ps have been pleading for help for 20 months. 38. To prevent redundancy in text-apply section number 33, or paragraph number 33, to this cause of action. Negligence abounds, ^ps may amend for more, specific causes of action, for specific types of negligence. To be determined at discovery. 28 * DOUGLAS V. THE EZRALOW COMPANY LLC FEDERAL COMPLAINT @ 10  Case ^c2 Document 1 Filed 01/29/24 @ 11 of 17   12 13 THIRD CAUSE OF ACTION: UNLAWFUL, UNFAIR, AND FRAUDULENT BUSINESS PRACTICES (Unfair Competition Law, Business and Professions §17200, 17500) 39. It is long overdue, that Multi-Company, Joint-LLC level, Exploitations be addressed, especially in relation to a critical human right, which is housing. Multi-Company, Joint-LLC Exploitation, in the creation of many LLCS, entities, companies, associations, and the intimidating factors that it presents for renters, and especially disabled people seeking housing and refuge, needs to be addressed. 40. Marc Ezralow and Bryan Ezralow, EZRALOW, and its employees, have leveraged their 11 knowledge of the sophisticated scheme that is housing Tenant-Landlord law, the sophisticated and intimating scheme, coupled with the sophisticated and intimidating scheme, that is seeking justice in America; or navigating the legal system in America. EZRALOW leverages it to their advantage to exploit, defraud, deceive, and destroy almost wonderfully. They maintain an average of 2-star reviews across entities and yet they can milk and manipulate the housing market, and trap and intimidate tenants, using all the grand sophistication that is housing in California—and obstruct and intimidate tenants in any attempts to seek legal relief.     25 41. In fact, their employees seem to gain a sickening thrill out of denying disabled individuals help when they are in distress, and the quasi, obscure, confusing multi-company- business scheme creates terrible housing prices, locks desperate individuals into unfair leases, and terrorizes them with the fear of punishment if they are 3 days late on their utilities. ^ps were threatened with eviction or pay or quit when they were late for utilities, which water utility, as a side note is shared equally by everyone in the building. Meaning one person can use all the water, and everyone in the building must pay for it. Then EZRALOW threatens, pay or quit, for anything. Inflicting terror, intimidation, and unfair business practices altogether. Chris Robello, named 26 ^df issued multiple, pay or quits, for late "shared water utilities". This is threatening, 27 28 demeaning, intimidating, dehumanizing business practices. It should be noted that some late payments (rent and utility) were due to their payment system being on Mountain Standard Time. * DOUGLAS V. THE EZRALOW COMPANY LLC FEDERAL COMPLAINT @ 11  Case ^c2 Document 1 Filed 01/29/24 @ 12 of 17 1 42. To prevent redundancy in text-apply section number 33, or paragraph number 33, 2 to this cause of action.   FOURTH CAUSE OF ACTION INTENTIONAL INFLICTION OF E~mAL DISTRESS (General and Persistent and intentional infliction of e~mal distress, denying all requests for lease 7 price amendments, denying any relief for the Breach of Covenant of Quiet Enjoyment, etc.)     43. At this very moment ^p ^a is finding it difficult to breathe. He was diagnosed with Congestive Heart Failure on November 20th, 2023. And has made it known to EZRALOW. Nevertheless, EZRALOW has denied the opportunity to negotiate on every hand, compounding and exacerbating the e~mal distress caused by the uninhabitable living situation at Montebello Apartments in Sacramento California. 44.     25 ^ps sought to negotiate the rent three times, with property manager Chris Robello, with Jr. Regional Manager Leslie Huffman, and with Senior Manager Stacy White. All the facts were clearly laid out, and the disabled status of the ^ps were declared. Nevertheless they callously implemented the profits over people policy and have finally choked out the last hope that ^ps could resolve this situation amicably, by denying any credit to their rent, or a Fair Market Value adjustment to their lease price. Causing ^ps to fear and writhe in suffering, knowing that now, that they have to try and represent themselves with no money for an Attorney, through a complex legal process, and with no extra income to change their circumstances; as ^p ^a was recently diagnosed with Congestive Heart Failure and his Mother, ^c is morning the death of her Father at this very moment this complaint is being drafted. 45. Everything about the scheme at Montebello Apartments has caused ^ps exceedingly great e~mal distress. From the pay or quit notices for being late on the "shared 26 27 water utility”, to the cold callous and malicious tones of their management Chris Robello, Leslie 28 Huffman, and Stacy White; in denying them any relief, yet acknowledging that ^p Andrew * DOUGLAS V. THE EZRALOW COMPANY LLC FEDERAL COMPLAINT @ 12  Case ^c2 Document 1 Filed 01/29/24 @ 13 of 17 1 Grant ~h directly witnessed a shooting on the premises, the upstairs neighbors beat each 2     other and threaten each other with gun violence. EZRALOW knows, and has factual knowledge and evidence, that ^ps are terrified of living at Montebello Apartments, yet the only relief they can provide after all this... is offer ^p's to quit the lease without penalty. 46. Something is integrally wrong with the programming of EZRALOW, and this is a drop in the ocean as to what Americans suffer every day. This Malice, Fraud and Oppression needs to cease and end now. 47. To prevent redundancy in text-apply section number 33, or paragraph number 33, to this cause of action. V. INJUNCTIVE RELIEF   14 48. ^ps are disabled and in grief and shock and need any protections that can be provided by the Federal Government as well as ease of access to Legal Aid, and Procedures, as well as protections from any retaliation from EZRALOW, Montebello Apartments, First Pointe Management Group LLC, or their Employees, and any of their auxiliary operations. Emergency injunctive relief allowing ^ps to withhold rent payments, or court order.   19 20 VI. PRAYER FOR LENIANCY AND LEGAL AID 21 49. ^ps ^a is a disabled Veteran of the USARMY, ^p also has also found in his legal research a ruling in the Supreme Court decision Turner v. Rogers (2012) which suggests "civil court proceedings have to be fundamentally fair, that courts should 22 23 create forms to help pro se litigants participate fully in the justice system and hinted that at least in 24 some civil cases, the government might have to provide free legal assistance to parties who cannot 25 afford to hire a lawyer." If there is any truth to this research ^p would greatly benefit from 26 and appreciate any help the Government or Federal Court system can provide. 27 28 * DOUGLAS V. THE EZRALOW COMPANY LLC FEDERAL COMPLAINT @ 13    Case ^c2 Document 1 Filed 01/29/24 @ 14 of 17 VII. PLEADING FOR COMPENSATORY DAMAGES, PUNITIVE DAMAGES AND REQUEST FOR JURY TRIAL   8 9 50. ^ps declare that these actions committed by EZRALOW, their companies or complex legal entities and assets controlled by Marc Ezralow and Bryan Ezralow, First Pointe Management Group LLC, The Ezralow Company LLC, the above-named ^dfs, and employees; Stacy White, Chris Robello and Leslie Huffman; ^ps declare that these actions are rife with Malice, Fraud, and Oppression— 51. Malice because the profits over people and exploitation of Disabled Americans; and willful elder abuse. Their hearts have become so cold and so hardened, and they are emboldened 10 11 by the complex Infra-structure and Extra-Structure, created by Marc Ezralow and Bryan 12 Ezralow in the strange configuration of business, as to completely destroy any trace of human 13   21 empathy; and to be emboldened by a complex and sophisticated business structure with sophisticated asset distribution—EZRALOW believes that these complex and cold-hearted designs, coupled with the intimidating and complex structure of the law system, will protect them from any whit of responsibility. 52. This is why atrocities like the ones ^ps have suffered not only prosper in America, but these atrocities are empowered by such complexity and interweaving corruptions, so as to disable any lay person from ever obtaining justice. 53. As a result of all the described conduct contained in the body of this Complaint, and all the Causes of Actions contained therein; ^ps have suffered and continue to suffer great 22 23   pains within mind and, body and soul. Grief and Shock, exceeding e~mal distress, coupled with fears and anxieties, feelings of disgrace and reliving layers of trauma from excruciating triggers related to Complex Post Traumatic Stress Disorder. ^ps experience a grave depravation in the loss of enjoyment of life. 54. ^ps have suffered and will continue to experience ongoing suffering. ^p Andrew ~h who is penning this complaint, is now suffering from Congestive Heart Failure; and with a heavy heart and mind writhing under the weight of this injustice, is pressing forward * DOUGLAS V. THE EZRALOW COMPANY LLC FEDERAL COMPLAINT @ 14  Case ^c2 Document 1 Filed 01/29/24 @ 15 of 17 1 with determination, inasmuch as is possible, to properly frame a complaint, and worthy 2     16 submission to the Federal Court system, of the ~1, to seek justice in his behalf and in the behalf of his mother who is an elder adult and protected class. 55. On three occasions EZRALOW was presented with the facts of the uninhabitability of the unit, and the breach of the Covenant of Quiet Enjoyment. ^ps were denied three times in their petitions for Fair Market Value rent adjustments, or rent credit, so they could save money and leave peacefully. Due to EZRALOW's collective gross negligence ^p ^a has been injured and has a new layer of PTSD from witnessing a shooting. 56. ^p ^c, an elder adult, has been injured and has new layers of PTSD. Cheryl has lost her mother and her father since living at Montebello Apartments. Her bedroom is also right below the epicenter of the chaos from the above, abusive domestic violence ram@, of nearly 14 months, which has been documented and complained to EZRALOW from the beginning. These violent outbursts of the sounds of beating and slamming and screaming and stomping will continue to haunt her; as many times she was abruptly woken out of sleep to this great terror. 57. After all ^ps have endured; the trampling of their utmost American Civil Right, 17 to live, and have and enjoy a quiet home, and pursue happiness—this right has been altogether 18 destroyed by the lingering oppressive shadow and suffocating grip of First Pointe Management 19 20   25 26 Group LLC, EZRALOW, The Ezralow Company LLC, Montebello Apartments LLC (if it actually is and LLC?) and its employees and named ^dfs and various agents. Whose only design is to reap capital, and profits, while a stark injustice stares them plainly in the eyes. ^ps have been oppressed, robbed, and caused to suffer e~mal turmoil and deep distress. 58. It is not right. It is not fair. It is not only a discrimination against disabled persons and their inability to alter their circumstances, it is direct discrimination against human life. These ^ps are not the only ones who have suffered because of the abusive tenants, but the whole building and neighboring buildings as well. EZRALOW would not negotiate fair market value, not even one dollar; in spite of the obvious pain and suffering ^ps have reported, over 27 28 the last 20 months on the property, during the lifetime of their lease. * DOUGLAS V. THE EZRALOW COMPANY LLC FEDERAL COMPLAINT @ 15  Case ^c2 Document 1 Filed 01/29/24 @ 16 of 17       59. In Stacy White's words “well, it's apartment living”—to witness a shooting, and live under a man and woman beating each other for 14 months, and threatening each other with gun violence, while having your vehicles rummaged through at night. All while paying $500 dollars more a month above fair market value for your rent. No, it's not "apartment living" it is gross and terrible negligence and exploitation of human life for profits. It is Malice, Fraud and Oppression. It's not just “apartment living”, and no one should be forced to endure this, and it is malicious to minimize all of these events and sufferings as “apartment living”. ^ps feel like they have been subject to some form of Terrorism and live in a constant state of shock and fear. 60. After all this to deny ^ps' pleading for fair market value rent, so they could leave responsibly, and on their own, and have the means to leave. Yet they were denied and shackled to a lease paying greater than $500 dollars more than the market value advertised on Montebello Apartment's Website. In the words of Stacy White “It could be more than $2400 tomorrow, we don't control the prices, it is made by a computer, we can't negotiate your lease price." 61. To prevent redundancy in text—apply section number 33, or paragraph number 33. 62. The Federal Court now is the only light the ^ps have at the end of this tunnel. The rights enshrined by the Constitution of the ~2, demand that the whispers of the downtrodden, and the weary, be heard. That this complex and sensitive Civil Rights violation be heard in the Federal Court. That justice might prevail in some form is the pleading and the prayer of ^ps ^a and ^c.   WHEREFORE, ^ps pray for a Jury trial and judgement against the ^dfs, and for each of the following items, DUE TO ALL CAUSES OF ACTION 1. For past, present and future general damages; with interests and consideration of economic inflations, and Demand for a Jury Trial; II. For past, present and future special damages, including but not limited to past, present and future lost earnings, economic damages and others, with interests and consideration of economic inflations; * DOUGLAS V. THE EZRALOW COMPANY LLC FEDERAL COMPLAINT @ 16  Case ^c2 Document 1 Filed 01/29/24 @ 17 of 17     24 III. For past, present, and future suffering, as ^p ^a, is forced to exacerbate his Congestive Heart Failure, to pen this Complaint, reliving the traumas suffered by himself and his mother, triggering PTSD. Whilst his mother is grieving the loss of her father away in Arizona, family members are in mourning; yet ^ps have been consistently denied any relief from EZRALOW; with interests and consideration of economic inflations; IV. For past, present, and future medical expenses, statutory damages, cost of suit, for interest and inflation as permitted by law; medical expenses for ^c will need due to injuries she has sustained while a tenant at Montebello Apartments. V. For items 1-5 ^ps are pursuing $300 Million Dollars USD in compensatory damages, for any and or all of these appropriate damages; VI. For appropriate treble damages, and finally for causing and inflicting a permanent, lifelong chronic disability, upon both ^ps, in the form of new layers of Post Traumatic Stress Disorder and Anxiety; wrought by these terrible acts of Malice, Fraud and Oppression, ^ps are pursuing the amount of $400 Million Dollars USD in punitive and exemplary damages; VII. For injunctive relief and for any further relief as the court may deem proper. ^ps hereby declare, certify, verify, and state, under penalty of perjury, under the laws of the Unites States of America that the foregoing is true and correct. 1-29-24 DATE 1.29-24 25 DATE 26 27 Cheryl Douglas ^c ^p IN PRO PER Camb ^a ^p IN PRO PER 28 * DOUGLAS V. THE EZRALOW COMPANY LLC FEDERAL COMPLAINT @ 17  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 1: COMPLAINT against All ^dfs by ^a, ^c. (Attachments: # (1) Civil Cover Sheet). (Nair, C) 11/19/2024, 3:24 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text: APPLICATION TO PROCEED IFP filed - Court Action Required. (Nair, C) 11/19/2024, 3:24 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text: RECEIPT number 200007452 for $405.00 for ^c. (Woodson, A) 11/19/2024, 3:25 AM  Case ^c2 Document 13 Filed 09/24/24 @ 8 of 12   7 8 9 III. THE DEFAULT ON ^dfS FIRST POINTE MANAGEMENT GROUP, LLC AND STACEY WHITE MUST BE SET ASIDE AND VACATED DUE TO IMPROPER SERVICE Under FRCP 55(c), the Court may set aside an entry of default upon a showing of good cause. To determine whether there is good cause, the Court considers three factors: (1) whether the ^p would be prejudiced if the entry of default is set aside; (2) whether the ^df has a meritorious defense; and (3) whether ^df's culpable conduct led to the default. (See, Brandt v. Am. Bankers, 653 F.3d 1108, 1111 (9th Cir. 2011).) 10 Even if one of the factors applies against the ^df, the Court has broad discretion to   14 15 set aside default and grant the ~m. (Id., at 1112 ("A ~dc may exercise its discretion to deny relief to a defaulting ^df based solely upon a finding of ^df's culpability, but need not."); see, e.g., Haw. Carpenters' Tr. Funds v. Stone, 794 F.2d 508, 513 (9th Cir. 1986) (recognizing that the standard for setting aside entry of default under Rule 55(c) is less rigorous than the standard for setting aside entry of default judgment); Brady v. ~2, 211 16 17   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles F.3d 499, 504 (9th Cir. 2000) (affirming ~dc's decision to set aside default "without comment" because it was not an abuse of discretion to accept ^df's explanation of the delay in responding to ^p's complaint).) Here, this Court entered default as to FIRST POINTE MANAGEMENT GROUP, LLC and STACEY WHITE (the “Defaulted ^dfs”) while also declining ^ps' Request because it was "unable to determine if summons was appropriately served based on the documents filed.” (ECF Nos. 9, 10.) Without even engaging in the more detailed analysis, good cause exists to vacate default against the Defaulted ^dfs because service was defective as outlined in section supra. Subsequently, as a result, this Court has no personal jurisdiction over Defaulted ^dfs and default was entered based on either dishonest or defective service of summons. Moreover, good cause exists to set aside this default on three independent grounds: (1) setting aside the default will not prejudice ^ps; (2) the Defaulted ^dfs have a 8 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT        Case ^c2 Document 13 Filed 09/24/24 @ 9 of 12 meritorious defense; and (3) the Defaulted ^dfs have not engaged in any culpable conduct to lead to their default. a. Setting aside the default will not prejudice ^ps. Setting aside the Clerk's entry of default on the Defaulted ^dfs will not prejudice ^ps. "Being forced to litigate on the merits cannot be considered prejudicial because a ^p would have had to do so anyway had there been no default." (Yan v. General Pot, Inc., 78 F.Supp.3d. 997, 1005 (N.D. Cal. 2015) (emphasis added) citing, TCI Grp. Life Ins. Plan v. Knoebber, 244 F.3d 691, 701 (9th Cir. 2001).) Likewise, delay in resolution of the case is insufficient to establish prejudice. (See, e.g., TCI Group Life Ins. Plan, 244 F.3d at 701 (even under heightened standard of setting aside default judgment, the harm must be greater than delay of resolution to be prejudicial).) Moreover, the ^p is not prejudiced simply because he lost a "quick victory due [^df's] procedural default and must litigate on the merits." (Id.) Only where a ^p can demonstrate tangible harm, such as the "loss of evidence, increased difficulties of discovery, or greater opportunity for fraud or collusion," would a finding of prejudice be appropriate. (Id.) Here, ^ps cannot show prejudice that would justify the drastic step of prohibiting the Defaulted ^dfs from defending this case on the merits, after they are actually served in a legally proscribed manner. This factor weighs in favor of setting aside default on the Defaulted ^dfs. b. The Defaulted ^dfs have a meritorious defense against ^ps' defective service and the allegations in ^ps' operative Complaint. A meritorious defense constitutes good cause to set aside entry of default. (~2 v. Signed Pers. Check No. 730 of Yubran S. Mesle (“Mesle”), 15 F.3d 1085, 1091 (9th Cir. 2010).) "All that is necessary to satisfy the 'meritorious defense' requirement is to allege sufficient facts that, if true, would constitute a defense." (Id. at 1094.) If service was defective or insufficient, the Clerk's entry of default is void due to this Court's lack of personal jurisdiction over ^dfs. (Veeck v. Commodity Enters., 487 F.2d 423, 425-26 (9th Cir. 1973) (reversing ~dc's denial of ~m to set aside default judgment and quash 9 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT KIMBALL, TIREY & St. John Attorneys At Law Los Angeles  Case ^c2 Document 13 Filed 09/24/24 @ 10 of 12   service of process because service of process was ineffective and citing Rule 55(c) in so doing); see, Mason v. Genisco Tech. Corp., 960 F.2d 849, 851 (9th Cir. 1992) ("A person is not bound by a judgment in a litigation to which he or she has not been made a party by service of process.") 5 6 7 8 9 Proper service was not effected on ^dfs. As a result, this Court lacks personal jurisdiction over the Defaulted ^dfs. As discussed previously, service should be quashed over the Defaulted ^dfs. Further, ^ps' complaint alleges a litany of personal gripes they have endured during their tenure at Monte Bello Apartments that, as currently constructed, appear to be conclusory and do not cogently allege a valid claim for relief. (See generally, ECF No. 10 1.) This factor weighs heavily in favor of setting aside default on the Defaulted ^dfs.   c. The Defaulted ^dfs are not culpable because they have made good faith efforts to address ^ps' ineffective service. "[A] ^df's conduct is culpable if he has received actual or constructive notice of the 14 15 16 filing of the action and intentionally failed to answer." (TCI Group Life Ins. Plan v. Knoebber, 244 F.3d 691, 697 (9th Cir. 2001).) A neglectful failure to answer where the ^df offers a credible, good faith explanation "negating any intention to take advantage of the opposing party, interfere 17 18 19 with judicial decision making, or otherwise manipulate the legal process is not 'intentional' under [the Ninth Circuit's] default cases . . . . " (Id.; Mesle, 615 F.3d at 1092 ("movant cannot be treated as culpable simply for having made a conscious choice not to answer").) 20   25 26 Here, service of process on the Defaulted ^dfs was clearly deficient. ^dfs informed ^ps of the deficiencies prior to the due date for filing an answer. (White Decl., ¶ 6; Ex. 1.) Instead of attempting to effectuate proper service of process on all ^dfs, or even filing an amended proof of service, ^ps instead filed their Request for Entry of Default. (ECF No. 8.) Even after this Court identified that service was improper on at least some of the ^dfs, ^ps still filed their ~m for Relief from Judgment on the basis that the Court's orders in Dockets 9 and 10 “were made in error.” (ECF No. 11, at 2:9-12.) 27 28 ^dfs engaged in good faith efforts to address ^ps' ineffective service of process, even when there was no obligation to do so. ^ps' failure to heed ^dfs' 10 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT KIMBALL, TIREY & St. John Attorneys At Law Los Angeles  Case ^c2 Document 13 Filed 09/24/24 @ 11 of 12 1 warnings and attempt to obfuscate their improper service before this Court should not prejudice the 2 3 Defaulted ^dfs. This factor is heavily in favor of setting aside default on the Defaulted ^dfs.   IV. CONCLUSION Based on the foregoing, ^dfs request this Court quash ^ps' defective service of process on ^dfs. Additionally, because good cause exists, ^dfs respectfully request that this Court set aside and vacate its default on ^dfs FIRST POINTE MANAGEMENT GROUP (erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC) and STACEY WHITE 11 (erroneously sued as STACY WHITE). 12 13 DATED: September 24, 2024 KIMBALL, TIREY & ST. JOHN, LLP 14 15 16 By: 17 18 /s/ Tiffany Truong Tiffany Truong, Attorneys for ^dfs, THE EZRALOW COMPANY, LLC, et al. 19 20   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 11 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 13 Filed 09/24/24 @ 12 of 12   5 PROOF OF SERVICE I, Beverly Banner, declare: I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017. 6 On September 24, 2024, I served the following document(s): 7 STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3) 8 on the following parties: 9 ^c and 10 ^a 11 P.O. Box 278004 Sacramento, CA 95827 12 13 XX 14   19 Email:^e (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service."
   },
   {
     "id": 2,
     "text": "Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on September 24, 2024, at Los Angeles, California. 20 21 22 23 /s/ Beverly Banner Beverly Banner   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 PROOF OF SERVICE  Case ^c2 Document 13-1 Filed 09/24/24 @ 1 of 10 Tiffany D. Truong (SBN: 292463) 1 John Barbar (SBN: 334027) KIMBALL, TIREY & ST. JOHN LLP 2 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 Attorneys for Specially Appearing ^dfs, THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP (erroneously sued as FIRST POINTE MANAGEMENT LLC); 7 STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); 8 LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW 9 ~2 ~dc 10   FOR THE ~ed ^c, et al., Case No.: ^c2 14 ^ps, DECLARATION OF STACEY WHITE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT 15 VS. 16 17 THE EZRALOW COMPANY, LLC, et al., [Filed concurrently with: Notice of ~m; Memorandum of 18 ^dfs. 19 Date: 20 21 Time: Place: Points and Authorities in Support Thereof; Request for Judicial Notice; [Proposed] Order] October 31,2024 1:00 pm Courtroom 3, 15th Floor Judge: Honorable Kimberly Mueller 22 23   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 DECLARATION OF STACEY WHITE  Case ^c2 Document 13-1 Filed 09/24/24 @ 2 of 10 1 I, Stacey White, declare as follows: 2 3 4 5 1. I am presently employed by FIRST POINTE MANAGEMENT GROUP (“First Pointe") as an asset manager. I am over eighteen years of age and am fully competent to make this declaration. The facts stated herein are known to me based on my personal knowledge. If called to testify, I could and would competently testify to the contents of this declaration. 6 2. First Pointe is in the business of property management and manages the property 7 8 located at 4001 S. Watt Ave., Sacramento, CA 95836, which is the subject property in this action (the "Premises”). 9 10 11 3. My understanding is that First Pointe is a registered fictitious business name and not the same entity as First Pointe Management Group LLC, which is a terminated entity. (See, Req. for Judicial Notice, Ex. 2, 3.) 12 4. On June 25, 2024, an unknown female entered the Premises' leasing office and 13 14 15 16 handed a leasing agent at the Premises a stack of papers which appeared to be ^ps' ^c and ANDREW ~h (the “^ps”) Complaint and Summons. The leasing agent is no longer employed with the Premises, however no one at the Premises is authorized to accept service of process on behalf of any of the ^dfs. 17 5. As the asset manager for the Premises, this unusual incident was reported to me. 18 6. On July 8, 2024, I sent ^ps a letter notifying them that the parties listed as 19 20 ^dfs in ^ps' Complaint were not properly served. A true and correct copy of my correspondence to ^ps is attached herein as ^x 1. 21 7. 22 This correspondence was sent via Certified U.S. Mail with return receipt requested; ^ps confirmed signed receipt on or around August 2, 2024. (Ex. 1, pg. 3.) 23 8. On August 19, 2024, I was contacted by Chris Rebello, who is no longer employed 24 25 with First Pointe. Chris notified me that his mother was mailed a copy of ^ps' Notice and Application for Entry of Default via U.S. Mail at his mother's home. He told me this was the first 26 time being made aware that he was a named ^df in ^ps' Complaint. 27 9. I am not aware of any other attempts to serve the summons to any of the 28 ^dfs other than the claimed service performed on June 25, 2024, and memorialized in the KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 2 DECLARATION OF STACEY WHITE  Docusign Envelope ID: BBD82C7E-C4FE-42EA-8CB9-01EA0BAA3059 Case ^c2 Document 13-1 Filed 09/24/24 @ 3 of 10 1 "proof of service” filed by ^ps. 2 I declare under penalty of perjury under the laws of the State of California that the 3 foregoing is true and correct. 4 9/23/2024 Dated 5 DocuSigned by: Se Stacey White 94C03F5F1AFF400... 6     KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 3 DECLARATION OF STACEY WHITE  Case ^c2 Document 13-1 Filed 09/24/24 @ 4 of 10 ^x 1  Case ^c2 Document 13-1 Filed 09/24/24 @ 5 of 10 MONTE BELLO APARTMENT HOMES July 8th, 2024 ^c, et al 4001 S. Watt Avenue Unit 179 Sacramento, CA 95836 RE: Douglas, et al. vs. The Ezralow Company LLC, et al. Case No: ^c2 Dear Ms. Douglas, With respect to the above-mentioned matter, the summons was dropped off at our office last week. We have no knowledge of this lawsuit. The parties listed as ^dfs were not properly served. In addition, Chris Robello is no longer employed with the company, and we do not have a forwarding address. Sincerely, Monte Bello Apartments Management cc: ^c P.O. Box 278004 Sacramento, CA 95827 Andrew ~h 4001 S. Watt Avenue Unit 179 Sacramento, CA 95836 日 EQUAL HOUSING OPPORTUNITY  USPS TRACKING ENTO 9590 9402 3380 7227 170635 ~2 Postal Service CA 957 LC First-Class Mall Postage & Fees Pald USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• Kaycee smith 2215 Plaza Dr Ste 100 Rocklin, CA 95765 USPS TRACKING # 9590 9402 3380 7227 1700 68 ~2 Postal Service • Sender: Please print your name, address, and ZIP+4® in this box. Kaycee Smith 2215 Plaza Dr, Ste loo Rockiin, CA 95765 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 2L First-Class Mail Postage & Fees Paid USPS Permit No. G-10 9590 9402 3380 7227 1710 96 ~2 Postal Service • Sender: Please print your name, address, and ZIP+4® in this box USPS TRACKING # Kaycee Smith 2215 Plaza Dr, Ste 100 Rocklin, CA 95765 יייווו Case ^c2 Document 13-1 Filed 09/24/24 @ 6 of 10  Case ^c2 Document 13-1 Filed 09/24/24 @ 7 of 10 or on the front if space permits. ■Attach this card to the back of the mailpiece, Complete items 1, 2, and 3. so that we can return the card to you. Print your name and address on the reverse SENDER: COMPLETE THIS SECTION 1. Article Addressed to: ^c 2. Article Number (Transfer from service label) 319 1640 0001 5442 0026 PS Form 3811, July 2015 PSN 7530-02-000-9053 9590 9402 3380 7227 1710 96 COMPLETE THIS SECTION ON DELIVERY A. Signature X Andrew B Received by (Printed Name If YES, enter delivery address below: D. Is delivery address different from item 1? Yes more 98/2/24 8/2/24 C. Date of Delivery Addressee Agent Adult Signature 3. Service Type No SACRAMENTO, CA 95827-11 AUG-22024 Certified Mail® Adult Signature Restricted Delivery Certified Mail Restricted Delivery Collect on Delivery Collect on Delivery Restricted Delivery Insured Mail Insured Mail Restricted Delivery (over $500) Registered Mail Restricted Registered Mail™™ Priority Mail Express® Delivery Merchandise Retum Receipt for Signature Confirmation™™™ Signature Confirmation Restricted Delivery Domestic Return Receipt SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Andrew ~h COMPLETE THIS SECTION ON DELIVERY A. Signature Agent Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? Yes If YES, enter delivery address below: No 9590 9402 3380 7227 1700 75 2. Article Number Transfer from caminadahal 2 PS 3. Service Type Adult Signature Adult Signature Restricted Delivery Certified Mail® Certified Mail Restricted Delivery Collect on Delivery Collection Delivans Destrinted Priority Mail Express® Registered Mail™™ Registered Mail Restricted Delivery Return Receipt for Merchandise Signature Confirmation™™ Ignature Confirmation estricted Delivery Istic Return Receipt SENDER: COMPLETE THIS SECTION ■Complete items 1, 2, and 3. ■Print your name and address on the reverse so that we can return the card to you. ■Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Chery Lann Douglas 4001 5. Watt COMPLETE THIS SECTION ON DELIVERY A. Signature B. Received by (Printed Name) Agent Addressee C. Date of Delivery D. Is delivery address different from item 1? Yes If YES, enter delivery address below: No 9590 9402 3380 7227 1700 68 2. Article Number (Transfer from service label) 3. Service Type Adult Signature Adult Signature Restricted Delivery Certified Mail® Certified Mail Restricted Delivery Collect on Delivery Collect on Delivery Restricted Delivery Priority Mail Express® Registered Mail™™ Registered Mail Restricted Delivery Return Receipt for Merchandise Signature Confirmation™™™ Signature Confirmation Restricted Delivery Domestic Return Receint  Case ^c2 Document 13-1 Filed 09/24/24 @ 8 of 10 Case ^c2 Document 7 Filed 06/26/24 @ 1 of 1 RETURN OF SERVICE DATE Service of the Summons and complaint was made by me (1) 6-25-24 NAME OF SERVER (PRINT) TITLE ^l Check one box below to indicate appropriate method of service TRAVEL Served personally upon the ^df. Place where served: Left copies thereof at the ^df's dwelling house or usual place of bode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: Returned unexecuted: Other (specify): Served upon agent or evyployce ht group- 7 coples of lawsuit and suntwon's. At leasing Office 4001 S-watt Ave Sacramento, at 95824 all ^dfs Served. STATEMENT OF SERVICE FEES SERVICES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the ~1 that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on 4-25-24 Date Signature of Server Douglas v. Ezralous sole Hendry circle Rocklin, CA Address  ^c2 95745 FILED JUN 26 2024 CLERK, US ~dc ~ed BY DEPUN CLERK  Case ^c2 Document 13-1 Filed 09/24/24 @ 9 of 10 ^c6 ^c, et al., VS. The Ezralow Company LLC, et al., TO: Bryan Ezralow, Marc Ezralow, First Pointe Management Group LLC, Leslie Huffman, Chris Robello, The Ezralow Company LLC, Stacy White ^df's Address: CASE NO: ^c2 SUMMONS IN A CIVIL CASE YOU ARE HEREBY SUMMONED and required to serve on: ^c P.O. Box 278004 Sacramento, CA 95827 an answer to the complaint which is served on you with this summons, within 21 days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service. KEITH HOLLAND CLERK /s/ A. Woodson (By) DEPUTY CLERK ISSUED ON 2024-06-07 15:02:56 CLERK, USDC EDCA  Case ^c2 Document 13-1 Filed 09/24/24 @ 10 of 10   5 PROOF OF SERVICE I, Beverly Banner, declare: I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017. 6 On September 24, 2024, I served the following document(s): 7 DECLARATION OF STACEY WHITE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT 8 on the following parties: 9 ^c and 10 ^a 11 P.O. Box 278004 Sacramento, CA 95827 12 13 XX 14   19 Email:^e (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service. Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on September 24, 2024, at Los Angeles, California. 20 21 22 23 /s/ Beverly Banner Beverly Banner   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 PROOF OF SERVICE  Case ^c2 Document 13-2 Filed 09/24/24 @ 1 of 12 Tiffany D. Truong (SBN: 292463) 1 John Barbar (SBN: 334027) KIMBALL, TIREY & ST. JOHN LLP 2 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP 7 8 Attorneys for Specially Appearing ^dfs, (erroneously sued as First Pointe Management Group LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW 9 ~2 ~dc 10   ^c, et al., 14 ^ps, 15 FOR THE ~ed Case No.: ^c2 ^dfS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT VS. 16 17 18 THE EZRALOW COMPANY, LLC, et al., ^dfs. 19 20 21 [Filed concurrently with: Notice of ~m; Memorandum of Points and Authorities in Support Thereof; Declaration of Stacey White; [Proposed] Order] Date: October 31,2024 Time: 1:00 pm Place: Courtroom 3, 15th Floor Judge: Honorable Kimberly Mueller 22 23   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles Specially appearing ^dfs THE EZRALOW COMPANY, LLC; FIRST POINTE MANAGEMENT GROUP (erroneously sued as First Pointe Management Group, LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW ("^dfs") hereby request, pursuant to Rule 701 of the Federal Rules of Evidence, that the ^dfS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT  Case ^c2 Document 13-2 Filed 09/24/24 @ 2 of 12 1 Court take judicial notice of the following items in connection with ^df's ~m to Quash 2 3 Service of Summons pursuant to Federal Rule of Civil Procedure (“FRCP”) 4 and ^df's ~m to Vacate Default pursuant to FRCP 55(c): 4 5 REQUEST FOR JUDICIAL NOTICE   Request No. 1: ^dfs request judicial notice of the California Secretary of State's online business search results for FIRST POINTE MANAGEMENT GROUP, LLC indicating it is a terminated entity. A true and correct copy of the California Secretary of State's business search results for FIRST POINTE MANAGEMENT GROUP, LLC are attached hereto as ^x 1. 11 12 Request No. 2: ^dfs request judicial notice of ^df THE EZRALOW COMPANY, 13 14 15 LLC's Statement of Information filed on the California Secretary of State's website. A true and correct copy of THE EZRALOW COMPANY, LLC's Statement of Information is attached hereto as ^x 2. 16 17 Request No. 3: ^dfs request judicial notice of the registered fictitious business name for 18 ^df First Point Management Group found on the Sacramento County public citizen access 19 business name search: https://actonline.saccounty.gov/CitizenAccess/SACCO_FBNSearch.aspx. 20 A true and correct copy of the filing is attached hereto as ^x 3. 21 22 DATED: September 24, 2024 KIMBALL, TIREY & ST. JOHN, LLP 23 24 25 26 By: /s/Tiffany Truong Tiffany Truong, Attorneys for ^dfs, THE EZRALOW COMPANY, LLC, et al. 27 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 2 ^dfS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT  Case ^c2 Document 13-2 Filed 09/24/24 @ 3 of 12 ^x 1  California Secretary of State Home Case ^c2 Document 13-2 Filed 09/24/24 @ 4 of 12 Business UCC Business Search Search Forms Help The California Business Search provides access to available information for corporations, limited liability companies and limited partnerships of record with the California Secretary of State, with free PDF copies of over 17 million imaged business entity documents, including the most recent imaged Statements of Information filed for Corporations and Limited Liability Companies. FIRST POINTE MANAGEMENT GROUP, LLC (201208210239) M = Request Certificate Initial 03/22/2012 Filing Date Status Terminated Standing Good - SOS Good Currently, information for Limited Liability Partnerships (e.g. law firms, architecture firms, engineering firms, public accountancy firms, and land survey firms), General Partnerships, and other entity types are not contained in the California Business Search. If you wish to obtain information about LLPs and GPs, submit a Business Entities Order paper form to request copies of filings for these entity types. Note: This search is not intended to serve as a name reservation search. To reserve an entity name, select Forms on the left panel and select Entity Name Reservation ? Corporation, LLC, LP. Basic Search A Basic search can be performed using an entity name or entity number. When conducting a search by an entity number, where applicable, remove "C" from the entity number. Note, a basic search will search only ACTIVE entities (Corporations, Limited Liability Companies, Limited Partnerships, Cooperatives, Name Reservations, Foreign Name Reservations, Unincorporated Common Interest Developments, and Out of State Associations). The basic search performs a contains ?keyword? search. The Standing - FTB Standing - Agent Standing - VCFCF Inactive Date State Skip to main content Good Good 06/11/2012 Login Formed DELAWARE In Entity Type Principal Address Mailing Address Limited Liability Company - Out of State 23622 CALABASAS ROAD #200 CALABASAS, CA 91302 N/A Agent Individual CRISTINA AGRA-HUGHES 23622 CALABASAS ROAD #200 CALABASAS, CA 91302  Case ^c2 Document 13-2 Filed 09/24/24 @ 5 of 12 Business UCC Advanced Search Home Search Forms Help An Advanced search is required when searching for publicly traded disclosure information or a status other than active. An Advanced search allows for searching by specific entity types (e.g., Nonprofit Mutual Benefit Corporation) or by entity groups (e.g., All Corporations) as well as searching by ?begins with? specific search criteria. Disclaimer: Search results are limited to the 500 entities closest matching the entered search criteria. If your desired search result is not found within the 500 entities provided, please refine the search criteria using the Advanced search function for additional results/entities. The California Business Search is updated as documents are approved. The data provided is not a complete or certified record. Although every attempt has been made to ensure that the information contained in the database is accurate, the Secretary of State's office is not responsible for any loss, consequence, or damage resulting directly or indirectly from reliance on the accuracy, reliability, or timeliness of the information that is provided. All such information is provided "as is." To order certified copies or certificates of status, (1) locate an entity using the search; (2)select Request Certificate in the right-hand detail drawer; and (3) complete your request online. FIRST POINTE MANAGEMENT Q FIRST POINTE MANAGEMENT GROUP, LLC (201208210239) M = Request Certificate Initial 03/22/2012 Filing Date Status Standing - SOS Standing - FTB Standing - Agent Standing - VCFCF Inactive Date Terminated Good Good Good Good 06/11/2012 Limited Liability Company - Out of State 23622 CALABASAS ROAD #200 CALABASAS, CA 91302 N/A Formed DELAWARE In Entity Type Principal Address Mailing Address Agent Individual State Skip to main content Advanced CRISTINA AGRA-HUGHES 23622 CALABASAS ROAD #200 CALABASAS, CA 91302  Case ^c2 Document 13-2 Filed 09/24/24 @ 6 of 12 Business UCC Home Search FIRST POINTE MANAGEMENT GROUP, LLC (201208210239) Forms Help \u003E 03/22/2012 Terminated © 2024 CA Secretary of State Limited Liability Company - Out of State FIRST POINTE MANAGEMENT GROUP, LLC (201208210239) M = Request Certificate Initial 03/22/2012 Filing Date Status Terminated Standing Good - SOS Standing - FTB Good Standing Good - Agent Standing - VCFCF Good Inactive 06/11/2012 Date Formed DELAWARE In Entity Type Principal Address Mailing Address Agent Limited Liability Company - Out of State 23622 CALABASAS ROAD #200 CALABASAS, CA 91302 N/A Individual CRISTINA AGRA-HUGHES 23622 CALABASAS ROAD #200 CALABASAS, CA 91302  Case ^c2 Document 13-2 Filed 09/24/24 @ 7 of 12 ^x 2  FUREK KA Case ^c2 Document 13-2 Filed 09/24/24 @ 8 ofB120230704839 THE GREAT SEAL OF THE CALIFORNIA STATE OF CALIFORNIA Office of the Secretary of State STATEMENT OF INFORMATION LIMITED LIABILITY COMPANY California Secretary of State 1500 11th Street Sacramento, California 95814 (916) 653-3516 For Office Use Only -FILED- File No.: BA20230704839 Date ^f: 4/28/2023 Entity Details Limited Liability Company Name Entity No. Formed In Street Address of Principal Office of LLC Principal Address THE EZRALOW COMPANY, LLC 200112710121 DELAWARE 23622 CALABASAS RD STE 200 CALABASAS, CA 91302-1549 Mailing Address of LLC Mailing Address Attention Street Address of California Office of LLC Street Address of California Office Manager(s) or Member(s) Manager or Member Name 23622 CALABASAS RD STE 200 CALABASAS, CA 91302-1549 23622 CALABASAS RD STE 200 CALABASAS, CA 91302-1549 Manager or Member Address Marshall Ezralow as Trustee of the Ezralow Family Trust 23622 CALABASAS RD STE 200 CALABASAS, CA 91302-1549 Marshall Ezralow as Trustee of the Ezralow Marital Trust 23622 CALABASAS RD STE 200 CALABASAS, CA 91302-1549 Agent for Service of Process Agent Name Agent Address Type of Business Type of Business Email Notifications Opt-in Email Notifications Chief Executive Officer (CEO) CEO Name CRISTINA AGRA-HUGHES 23622 CALABASAS RD STE 200 CALABASAS, CA 91302 Asset Management Yes, I opt-in to receive entity notifications via email. None Entered CEO Address Labor Judgment No Manager or Member, as further defined by California Corporations Code section 17702.09(a)(8), has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal is pending, for the violation of any wage order or provision of the Labor Code. B1712-8290 04/28/2023 1:12 PM Received by California Secretary of State @ 1 of 2  Case ^c2 Document 13-2 Filed 09/24/24 @ 9 of 12 Electronic Signature By signing, I affirm under penalty of perjury that the information herein is true and correct and that I am authorized by California law to sign. Deanna Wiley Signature 04/28/2023 Date B1712-8291 04/28/2023 1:12 PM Received by California Secretary of State @ 2 of 2  Case ^c2 Document 13-2 Filed 09/24/24 @ 10 of 12 ^x 3  9/20/24, 4:13 PM Sacramento County, Accela Services Case ^c2 Document 13-2 Filed 09/24/24 @ 11 of 12 Sacramento County Citizen Access Fictitious Business Name Search Fictitious Business Name File Number: FBNF2022-03548 Filing Date: 5/5/2022 Expiration Date: 5/5/2027 Status: Filed Ownership Type: Corporation Business Name(s) on this filing FIRST POINTE MANAGEMENT GROUP Owner Name(s) on this filing WEST COAST REDEVELOPMENT, INC. Search Again Abandoned Date Withdrawn Date https://actonline.saccounty.gov/CitizenAccess/SACCO_FBNSearch.aspx 1/1  Case ^c2 Document 13-2 Filed 09/24/24 @ 12 of 12   5 PROOF OF SERVICE I, Beverly Banner, declare: I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017. 6 On September 24, 2024, I served the following document(s): 7 ^dfS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT 8 on the following parties: 9 ^c and 10 ^a 11 P.O. Box 278004 Sacramento, CA 95827 12 13 XX 14   19 Email:^e (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service. Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on September 24, 2024, at Los Angeles, California. 20 21 22 23 /s/ Beverly Banner Beverly Banner   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 PROOF OF SERVICE  Case ^c2 Document 13-3 Filed 09/24/24 @ 1 of 4 Tiffany D. Truong (SBN: 292463) 1 John Barbar (SBN: 334027) KIMBALL, TIREY & ST. JOHN LLP 2 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP 7 8 Attorneys for Specially Appearing ^dfs, (erroneously sued as First Pointe Management Group LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW 9 ~2 ~dc 10 FOR THE ~ed 11 12 Case No.: ^c2 13 ^c, et al., 14 ^ps, 15 [PROPOSED] ORDER ON ^dfS' ~m TO QUASH SERVICE OF SUMMONS AND VACATE DEFAULT VS. 16 [Filed concurrently with: 17 THE EZRALOW COMPANY, LLC, et al., 18 ^dfs. 19 Notice of ~m; Memorandum of Points and Authorities in Support Thereof; Request for Judicial Notice Declaration of Stacey White] 20 Date: October 31,2024 1:00 pm 21 Time: Place: Courtroom 3, 15th Floor Judge: Honorable Kimberly Mueller 22 23 // 24 // 25 // 26 // 27 // 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT    Case ^c2 Document 13-3 Filed 09/24/24 @ 2 of 4 Specially appearing ^dfs THE EZRALOW COMPANY, LLC; FIRST POINTE MANAGEMENT GROUP (erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW ("^dfs") ~m to Quash Service of Summons and ~m to Vacate Default came before this Court for hearing on the above date and time. 5 6 7 ^p appeared by counsel | in pro per ; ^dfs appeared 8 by counsel 9 10 11 After considering the documents submitted, arguments of counsel, and upon good cause appearing to this Court, ^dfs' ~m(s) are GRANTED as follows: ^dfs' ~m to Quash service of Summons is GRANTED. ^ps shall 12 have until to effectuate proper service of their operative Complaint 13 and Summons. 14   ^dfs' ~m to Set Aside and Vacate Default entered against ^dfs FIRST POINTE MANAGEMENT GROUP (erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC) and STACEY WHITE (erroneously sued as STACY WHITE) is GRANTED due to defective service. ^ps shall have until   22 to effectuate proper service of their operative Complaint and ^ps' Summons. If ^ps do not effectuate proper service by Complaint is dismissed without prejudice. IT IS FURTHER ORDERED: 23   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 2 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT  Case ^c2 Document 13-3 Filed 09/24/24 @ 3 of 4   IT IS SO ORDERED. 4 5 Dated: 6     Honorable Kimberly J. Mueller 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 3 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 13-3 Filed 09/24/24 @ 4 of 4   5 PROOF OF SERVICE I, Beverly Banner, declare: I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017. 6 On September 24, 2024, I served the following document(s): 7 [PROPOSED] ORDER ON ^dfS' ~m TO QUASH SERVICE OF SUMMONS AND VACATE DEFAULT 8 9 on the following parties: 10 ^c and ^a 11 P.O. Box 278004 Sacramento, CA 95827 12 13 XX   Email:^e (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service. Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on September 24, 2024, at Los Angeles, California.   /s/ Beverly Banner Beverly Banner   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 PROOF OF SERVICE  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 13: ~m to QUASH by The Ezralow Company LLC. Attorney Truong, Tiffany D added. ~m Hearing set for 10/31/2024 at 01:30 PM in Courtroom 3 before Senior District Judge Kimberly J. Mueller. (Attachments: # (1) Declaration of Stacey White, # (2) Supplement Request for Judicial Notice, # (3) Proposed Order) (Truong, Tiffany) Modified on 9/25/2024 (Kyono, V). 11/19/2024, 3:29 AM  Case ^c2 Document 14 Filed 09/24/24 @ 1 of 12 Tiffany D. Truong (SBN: 292463) 1 John Barbar (SBN: 334027) KIMBALL, TIREY & ST. JOHN LLP 2 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP 7 8 and BRYAN EZRALOW 9 10 Attorneys for Specially Appearing ^dfs, (erroneously sued as First Pointe Management Group LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; ~2 ~dc FOR THE ~ed   14 ^c, et al., ^ps, 15 Case No.: ^c2 AMENDED ^dfS' NOTICE OF ~m AND ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT VS. 16 THEREOF 17 THE EZRALOW COMPANY, LLC, et al., 18 ^dfs. 19 20 21 [Filed concurrently with: Declaration of Stacey White; Request for Judicial Notice; [Proposed] Order] Date: October 31,2024 Time: 1:30 pm Place: Courtroom 3, 15th Floor Judge: Honorable Kimberly Mueller 22 23   TO THIS HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEY(S) OF RECORD: YOU ARE HEREBY NOTICED THAT on October 31,2024 at 1:30 p.m., in Courtroom 3 on the 15th Floor of this Court located at 501 I Street, Sacramento, CA 95814, Specially appearing ^dfs THE EZRALOW COMPANY, LLC; FIRST POINTE MANAGEMENT GROUP 1 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT KIMBALL, TIREY & St. John Attorneys At Law Los Angeles      14 15 16 Case ^c2 Document 14 Filed 09/24/24 @ 2 of 12 (erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW (“^dfs") shall and hereby do move this Court for and hereby does seek an Order to quash service of ^p's Complaint and Summons for defective service under Federal Rule of Civil Procedure (“FRCP”) 4. This ~m is made because ^ps have failed to effectuate proper service on ^dfs, this Court should quash ^ps' defective service of process on ^dfs. Furthermore, ^dfs move this Court and hereby does seek an Order to set aside and vacate the Court's entry of default of FIRST POINTE MANAGEMENT GROUP, LLC and STACEY WHITE (erroneously sued as STACY WHITE) issued on August 20, 2024, pursuant to FRCP 55(c). This ~m is made because good cause exists to set aside this default on three independent grounds: (1) setting aside the default will not prejudice ^ps; (2) the Defaulted ^dfs have a meritorious defense; and (3) the Defaulted ^dfs have not engaged in any culpable conduct to lead to their default. More importantly, default must be set aside because it was entered based on defective service. 17 18 Although ^ps are not represented, pursuant to this Court's Civil Standing Order, prior 19 20 21 22 to the filing of these ~ms, ^dfs sent ^ps a letter regarding their improper service on July 8, 2024. To date, ^ps have not responded back to ^dfs. (See, Civil Standing Order, § 4A(a).) Further, the parties have not had any settlement discussions pertaining to ^ps' claims. (See, Id., § 4A(d).) 23 These ~ms will further be based upon this Notice of ~m and ~m, the attached 24 the Memorandum of Points and Authorities, the Declaration of Stacey White and upon all of the 25 papers and pleadings on file herein and upon such other oral and documentary evidence as may be 26 properly received by the Court at the time of the hearing. 27 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 2 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 14 Filed 09/24/24 @ 3 of 12 1 DATED: September 24, 2024 KIMBALL, TIREY & ST. JOHN, LLP 2 3 4 /s/ Tiffany Truong By: 5 Tiffany Truong, Attorneys for Specially Appearing ^dfs, THE EZRALOW COMPANY, LLC, et al. 6     KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 3 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 14 Filed 09/24/24 @ 4 of 12   11 12 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION AND FACTS ^ps ^c and ^a ("^ps"), both of which are California residents, filed a complaint against THE EZRALOW COMPANY, LLC; FIRST POINTE MANAGEMENT GROUP (erroneously sued as First Pointe Management Group LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW (“^dfs”) for alleged housing discrimination, gross negligence, violation of California's Unfair Competition Law under Business and Professions Code § 17200, and intentional infliction of e~mal distress. (See generally, ECF No. 1.) ^ps are not lawyers and are proceeding pro se in this matter. (ECF No. 2.) 13 ^ps allegedly served all ^dfs on June 25, 2024, via an “agent or employee of 14 15 First Pointe Management group 7 copies of lawsuit and summons. At leasing office . . .” (See, ECF No. 7.) 16 17 18 19 On July 8, 2024, ^dfs sent a letter to ^ps regarding their alleged service on all seven ^dfs, notifying ^ps that ^dfs have not been properly served. (Decl. of Stacey White (“White Decl.”), ¶¶ 6; Ex. 1.) Despite ^ps having confirmed receipt of this letter, ^dfs did not hear back from ^ps. (White Decl., ¶¶ 7.) 20 Despite improper service on ^dfs, ^ps filed their Request for Entry of Default   as to all ^dfs on August 16, 2024. (ECF No. 8.) ^dfs only learned of ^ps' attempts to enter default on or about August 19, 2024, when a former employee received a copy of ^ps' Request for Entry of Default in the mail and reported it. (White Decl., ¶¶ 8.) 25 26 On August 20, 2024, this Court entered default as to FIRST POINTE MANAGEMENT GROUP and STACEY WHITE while also declining ^ps' Request because it was “unable to determine if summons was appropriately served based on the documents filed.” (ECF Nos. 9, 10.) 27 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 4 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT    Case ^c2 Document 14 Filed 09/24/24 @ 5 of 12 On August 28, 2024, ^ps filed their ~m for Relief from Judgment ex parte with hearing set on October 10, 2024. It appears the basis of ^ps' argument is that the Court's orders in Dockets 9 and 10 “were made in error.” (ECF No. 11, at 2:9-12.)   ^ps' proof of service does not accurately indicate how service was completed and upon whom ^ps' Complaint and Summons was served. Despite ^dfs' good faith efforts to notify ^ps that they have not effected proper service on them, ^ps continue to press forward and attempt to hide this from the Court while seeking to obtain defaults on all ^dfs. 8 This Court should quash ^ps' improper service of its Summons on ^dfs. Additionally, 9 10 because service was improper, this court should set aside and vacate its default on ^dfs FIRST POINTE MANAGEMENT GROUP and STACEY WHITE.   14     II. SERVICE OF THE SUMMONS ON ALL ^dfS MUST BE QUASHED BECAUSE IT FAILS TO COMPLY WITH THE LAW Every ^df in a federal action must be timely and validly served by the ^p(s) with a summons and a copy of the complaint. (Fed. R. Civ. P. (“FRCP”) 4(c)(1).) If a ^df is not served within 90 days after the complaint is filed, the ~dc (on ~m or on its own after notice to the ^p) must dismiss the action without prejudice against that ^df or order that service be made within a specified time. (FRCP 4(m) (emphasis added).) FRCP 4 codifies a basic element of litigation: service of process is a prerequisite for personal jurisdiction over a ^df. (Jackson v. Hayakawa, 682 F.2d 1344, 1347 (9th Cir. 1982) ("^dfs must be served in accordance with Rule 4. or there is no personal jurisdiction."); Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350 (1999) (holding that service of process is "fundamental to any procedural imposition on a named ^df"). A court may not assert personal jurisdiction on a ^df unless proper service of process is effectuated. (S.E.C. v. Ross, 504 F.3d 1130, 1138 (9th Cir. 2007).) Absent proper service, a court may not assert jurisdiction over a ^df unless the ^df consents to jurisdiction or waives service. (Id. at 1138-39.) KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 5 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT    Case ^c2 Document 14 Filed 09/24/24 @ 6 of 12 Where, as here, sufficiency of process and/or service is challenged prior to filing an answer, such a challenge is properly made by ~m to dismiss or quash pursuant to Rule 12. (Chilicky v. Schweiker, 796 F.2d 1131, 1136 (9th Cir. 1986), rev'd on other grounds, Schweiker v. Chilicky, 487 U.S. 412 (1988).) "Courts generally treat Rule 12(b)(4) and (5) as more or less interchangeable, but when a ^df shows improper service of process, the ~m to quash will be granted." (2 Moore's Federal Practice § 12.33 (2024) (emphasis added).) 5 6 7 8 In this action, despite being against seven separate ^dfs, there is only one proof of service filed for this Court to consider. (See, ECF No. 7.) The individual that allegedly effectuated 9 service on behalf of ^ps was ^l, who is not a registered process server. While 10 the FRCP does not affirmatively state what the server's affidavit must contain, for a generally valid   proof of service, the date of service, the place of service, the person/entity served, the documents served, and the manner of service are essential. (Stevenson & Fizgerald, Rutter Practice Guide Federal Civil Procedure Before Trial § 5:315 (2024).) 14 15 16 Here, ^ps' proof of service does not state the manner of service nor the person(s) served. (See, ECF No. 7.) Instead, it makes a blanket statement that it was purportedly “served upon an agent or employee of First Pointe Management Group" and that “all ^dfs [have been] 17   served" on June 25, 2024. (Id.) There is not even a description of the individual(s) served; there is patently no way for this Court to determine which individual has been served with ^ps' Summons and Complaint and whether such individual was authorized to accept service on behalf of a business entity. (FRCP 4(h)(1)(b) (a business entity can be served by delivering a copy of the 22 23   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles summons and complaint to: (1) an officer, (2) a managing or general agent, or (3) any other agent authorized by appointment or by law to receive service of process).) Neither ^dfs nor this Court can even engage in such analysis because of the dearth of information in ^ps' proof of service. There is also zero explanation why each of the individually named ^dfs were not personally served, that the server made any due diligence attempts to personally serve each ^df, and why the person served apparently could accept service on behalf of each of them. 6 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT      14   Case ^c2 Document 14 Filed 09/24/24 @ 7 of 12 The reason is quite clear and simple the person served had no legal authority to accept service on behalf of any ^df and ^ps attempt to hide this fact. (White Decl., ¶ 4.) Further, ^ps identified the wrong ^df in their filings. FIRST POINTE MANAGEMENT GROUP is a registered fictitious business name in the County of Sacramento which ^ps erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC. (Request for Judicial Not., Ex. 3.) FIRST POINTE MANAGEMENT GROUP, LLC is a terminated Delaware company and does not have its principal address nor its agent for service of process located at the 4001 S. Watt Ave., Sacramento, CA 95826 – the address where Ms. ~h allegedly served ^ps' Summons and Complaint. ^ps cannot demonstrate that any registered agent of FIRST POINTE MANAGEMENT GROUP or even the erroneously named FIRST POINTE MANAGEMENT GROUP, LLC were properly served. It is similar for ^df THE EZRALOW COMPANY, LLC. The remaining individual ^dfs were not located at 4001 S. Watt Ave. at the time Ms. ~h was there so as to be effectively served with ^p's Summons and Complaint. (See generally, Request for Jud. Notice) Once service by ^df is challenged, ^ps bear the burden of establishing that service was valid. (Brockmeyer v. May, 383 F.3d 798, 801 (9th Cir. 2004).) "[T]o do so, [they] must demonstrate that the procedure employed to deliver the papers satisfied the requirements of 19 20 the relevant portions of Rule 4 and any other applicable provision of law." (Wright & Miller, Federal Practice and Procedure: Civil 3d § 1083 (4th ed.).) If ^ps fail to meet their 21 22 burden, "the ~dc has discretion to dismiss an action." (S.J. v. Issaquah Sch. Dist. No. 411, 470 F.3d 1288, 1293 (9th Cir. 2006).) 23 24 Therefore, ^dfs request this Court quash ^ps' defective service of process on ^dfs. 25 // 26 // 27 // 28 // KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 7 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 14 Filed 09/24/24 @ 8 of 12   7 8 9 III. THE DEFAULT ON ^dfS FIRST POINTE MANAGEMENT GROUP, LLC AND STACEY WHITE MUST BE SET ASIDE AND VACATED DUE TO IMPROPER SERVICE Under FRCP 55(c), the Court may set aside an entry of default upon a showing of good cause. To determine whether there is good cause, the Court considers three factors: (1) whether the ^p would be prejudiced if the entry of default is set aside; (2) whether the ^df has a meritorious defense; and (3) whether ^df's culpable conduct led to the default. (See, Brandt v. Am. Bankers, 653 F.3d 1108, 1111 (9th Cir. 2011).) 10 Even if one of the factors applies against the ^df, the Court has broad discretion to   14 15 set aside default and grant the ~m. (Id., at 1112 ("A ~dc may exercise its discretion to deny relief to a defaulting ^df based solely upon a finding of ^df's culpability, but need not."); see, e.g., Haw. Carpenters' Tr. Funds v. Stone, 794 F.2d 508, 513 (9th Cir. 1986) (recognizing that the standard for setting aside entry of default under Rule 55(c) is less rigorous than the standard for setting aside entry of default judgment); Brady v. ~2, 211 16 17   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles F.3d 499, 504 (9th Cir. 2000) (affirming ~dc's decision to set aside default "without comment" because it was not an abuse of discretion to accept ^df's explanation of the delay in responding to ^p's complaint).) Here, this Court entered default as to FIRST POINTE MANAGEMENT GROUP, LLC and STACEY WHITE (the “Defaulted ^dfs”) while also declining ^ps' Request because it was "unable to determine if summons was appropriately served based on the documents filed.” (ECF Nos."
   },
   {
     "id": 3,
     "text": "9, 10.) Without even engaging in the more detailed analysis, good cause exists to vacate default against the Defaulted ^dfs because service was defective as outlined in section supra. Subsequently, as a result, this Court has no personal jurisdiction over Defaulted ^dfs and default was entered based on either dishonest or defective service of summons. Moreover, good cause exists to set aside this default on three independent grounds: (1) setting aside the default will not prejudice ^ps; (2) the Defaulted ^dfs have a 8 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT        Case ^c2 Document 14 Filed 09/24/24 @ 9 of 12 meritorious defense; and (3) the Defaulted ^dfs have not engaged in any culpable conduct to lead to their default. a. Setting aside the default will not prejudice ^ps. Setting aside the Clerk's entry of default on the Defaulted ^dfs will not prejudice ^ps. "Being forced to litigate on the merits cannot be considered prejudicial because a ^p would have had to do so anyway had there been no default." (Yan v. General Pot, Inc., 78 F.Supp.3d. 997, 1005 (N.D. Cal. 2015) (emphasis added) citing, TCI Grp. Life Ins. Plan v. Knoebber, 244 F.3d 691, 701 (9th Cir. 2001).) Likewise, delay in resolution of the case is insufficient to establish prejudice. (See, e.g., TCI Group Life Ins. Plan, 244 F.3d at 701 (even under heightened standard of setting aside default judgment, the harm must be greater than delay of resolution to be prejudicial).) Moreover, the ^p is not prejudiced simply because he lost a "quick victory due [^df's] procedural default and must litigate on the merits." (Id.) Only where a ^p can demonstrate tangible harm, such as the "loss of evidence, increased difficulties of discovery, or greater opportunity for fraud or collusion," would a finding of prejudice be appropriate. (Id.) Here, ^ps cannot show prejudice that would justify the drastic step of prohibiting the Defaulted ^dfs from defending this case on the merits, after they are actually served in a legally proscribed manner. This factor weighs in favor of setting aside default on the Defaulted ^dfs. b. The Defaulted ^dfs have a meritorious defense against ^ps' defective service and the allegations in ^ps' operative Complaint. A meritorious defense constitutes good cause to set aside entry of default. (~2 v. Signed Pers. Check No. 730 of Yubran S. Mesle (“Mesle”), 15 F.3d 1085, 1091 (9th Cir. 2010).) "All that is necessary to satisfy the 'meritorious defense' requirement is to allege sufficient facts that, if true, would constitute a defense." (Id. at 1094.) If service was defective or insufficient, the Clerk's entry of default is void due to this Court's lack of personal jurisdiction over ^dfs. (Veeck v. Commodity Enters., 487 F.2d 423, 425-26 (9th Cir. 1973) (reversing ~dc's denial of ~m to set aside default judgment and quash 9 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT KIMBALL, TIREY & St. John Attorneys At Law Los Angeles  Case ^c2 Document 14 Filed 09/24/24 @ 10 of 12   service of process because service of process was ineffective and citing Rule 55(c) in so doing); see, Mason v. Genisco Tech. Corp., 960 F.2d 849, 851 (9th Cir. 1992) ("A person is not bound by a judgment in a litigation to which he or she has not been made a party by service of process.") 5 6 7 8 9 Proper service was not effected on ^dfs. As a result, this Court lacks personal jurisdiction over the Defaulted ^dfs. As discussed previously, service should be quashed over the Defaulted ^dfs. Further, ^ps' complaint alleges a litany of personal gripes they have endured during their tenure at Monte Bello Apartments that, as currently constructed, appear to be conclusory and do not cogently allege a valid claim for relief. (See generally, ECF No. 10 1.) This factor weighs heavily in favor of setting aside default on the Defaulted ^dfs.   c. The Defaulted ^dfs are not culpable because they have made good faith efforts to address ^ps' ineffective service. "[A] ^df's conduct is culpable if he has received actual or constructive notice of the 14 15 16 filing of the action and intentionally failed to answer." (TCI Group Life Ins. Plan v. Knoebber, 244 F.3d 691, 697 (9th Cir. 2001).) A neglectful failure to answer where the ^df offers a credible, good faith explanation "negating any intention to take advantage of the opposing party, interfere 17 18 19 with judicial decision making, or otherwise manipulate the legal process is not 'intentional' under [the Ninth Circuit's] default cases . . . . " (Id.; Mesle, 615 F.3d at 1092 ("movant cannot be treated as culpable simply for having made a conscious choice not to answer").) 20   25 26 Here, service of process on the Defaulted ^dfs was clearly deficient. ^dfs informed ^ps of the deficiencies prior to the due date for filing an answer. (White Decl., ¶ 6; Ex. 1.) Instead of attempting to effectuate proper service of process on all ^dfs, or even filing an amended proof of service, ^ps instead filed their Request for Entry of Default. (ECF No. 8.) Even after this Court identified that service was improper on at least some of the ^dfs, ^ps still filed their ~m for Relief from Judgment on the basis that the Court's orders in Dockets 9 and 10 “were made in error.” (ECF No. 11, at 2:9-12.) 27 28 ^dfs engaged in good faith efforts to address ^ps' ineffective service of process, even when there was no obligation to do so. ^ps' failure to heed ^dfs' 10 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT KIMBALL, TIREY & St. John Attorneys At Law Los Angeles  Case ^c2 Document 14 Filed 09/24/24 @ 11 of 12 1 warnings and attempt to obfuscate their improper service before this Court should not prejudice the 2 3 Defaulted ^dfs. This factor is heavily in favor of setting aside default on the Defaulted ^dfs.   IV. CONCLUSION Based on the foregoing, ^dfs request this Court quash ^ps' defective service of process on ^dfs. Additionally, because good cause exists, ^dfs respectfully request that this Court set aside and vacate its default on ^dfs FIRST POINTE MANAGEMENT GROUP (erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC) and STACEY WHITE 11 (erroneously sued as STACY WHITE). 12 13 DATED: September 24, 2024 KIMBALL, TIREY & ST. JOHN, LLP 14 15 16 By: 17 18 /s/ Tiffany Truong Tiffany Truong, Attorneys for ^dfs, THE EZRALOW COMPANY, LLC, et al. 19 20   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 11 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 14 Filed 09/24/24 @ 12 of 12   5 PROOF OF SERVICE I, Beverly Banner, declare: I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017. 6 On September 24, 2024, I served the following document(s): 7 STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3) 8 on the following parties: 9 ^c and 10 ^a 11 P.O. Box 278004 Sacramento, CA 95827 12 13 XX 14   19 Email:^e (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service. Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on September 24, 2024, at Los Angeles, California. 20 21 22 23 /s/ Beverly Banner Beverly Banner   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 PROOF OF SERVICE  Case ^c2 Document 14-1 Filed 09/24/24 @ 1 of 10 Tiffany D. Truong (SBN: 292463) 1 John Barbar (SBN: 334027) KIMBALL, TIREY & ST. JOHN LLP 2 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 Attorneys for Specially Appearing ^dfs, THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP (erroneously sued as FIRST POINTE MANAGEMENT LLC); 7 STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); 8 LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW 9 ~2 ~dc 10   FOR THE ~ed ^c, et al., Case No.: ^c2 14 ^ps, DECLARATION OF STACEY WHITE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT 15 VS. 16 17 THE EZRALOW COMPANY, LLC, et al., [Filed concurrently with: Notice of ~m; Memorandum of 18 ^dfs. 19 Date: 20 21 Time: Place: Points and Authorities in Support Thereof; Request for Judicial Notice; [Proposed] Order] October 31,2024 1:30 pm Courtroom 3, 15th Floor Judge: Honorable Kimberly Mueller 22 23   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 DECLARATION OF STACEY WHITE  Case ^c2 Document 14-1 Filed 09/24/24 @ 2 of 10 1 I, Stacey White, declare as follows: 2 3 4 5 1. I am presently employed by FIRST POINTE MANAGEMENT GROUP (“First Pointe") as an asset manager. I am over eighteen years of age and am fully competent to make this declaration. The facts stated herein are known to me based on my personal knowledge. If called to testify, I could and would competently testify to the contents of this declaration. 6 2. First Pointe is in the business of property management and manages the property 7 8 located at 4001 S. Watt Ave., Sacramento, CA 95836, which is the subject property in this action (the "Premises”). 9 10 11 3. My understanding is that First Pointe is a registered fictitious business name and not the same entity as First Pointe Management Group LLC, which is a terminated entity. (See, Req. for Judicial Notice, Ex. 2, 3.) 12 4. On June 25, 2024, an unknown female entered the Premises' leasing office and 13 14 15 16 handed a leasing agent at the Premises a stack of papers which appeared to be ^ps' ^c and ANDREW ~h (the “^ps”) Complaint and Summons. The leasing agent is no longer employed with the Premises, however no one at the Premises is authorized to accept service of process on behalf of any of the ^dfs. 17 5. As the asset manager for the Premises, this unusual incident was reported to me. 18 6. On July 8, 2024, I sent ^ps a letter notifying them that the parties listed as 19 20 ^dfs in ^ps' Complaint were not properly served. A true and correct copy of my correspondence to ^ps is attached herein as ^x 1. 21 7. 22 This correspondence was sent via Certified U.S. Mail with return receipt requested; ^ps confirmed signed receipt on or around August 2, 2024. (Ex. 1, pg. 3.) 23 8. On August 19, 2024, I was contacted by Chris Rebello, who is no longer employed 24 25 with First Pointe. Chris notified me that his mother was mailed a copy of ^ps' Notice and Application for Entry of Default via U.S. Mail at his mother's home. He told me this was the first 26 time being made aware that he was a named ^df in ^ps' Complaint. 27 9. I am not aware of any other attempts to serve the summons to any of the 28 ^dfs other than the claimed service performed on June 25, 2024, and memorialized in the KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 2 DECLARATION OF STACEY WHITE  Docusign Envelope ID: BBD82C7E-C4FE-42EA-8CB9-01EA0BAA3059 Case ^c2 Document 14-1 Filed 09/24/24 @ 3 of 10 1 "proof of service” filed by ^ps. 2 I declare under penalty of perjury under the laws of the State of California that the 3 foregoing is true and correct. 4 9/23/2024 Dated 5 DocuSigned by: Se Stacey White 94C03F5F1AFF400... 6     KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 3 DECLARATION OF STACEY WHITE  Case ^c2 Document 14-1 Filed 09/24/24 @ 4 of 10 ^x 1  Case ^c2 Document 14-1 Filed 09/24/24 @ 5 of 10 MONTE BELLO APARTMENT HOMES July 8th, 2024 ^c, et al 4001 S. Watt Avenue Unit 179 Sacramento, CA 95836 RE: Douglas, et al. vs. The Ezralow Company LLC, et al. Case No: ^c2 Dear Ms. Douglas, With respect to the above-mentioned matter, the summons was dropped off at our office last week. We have no knowledge of this lawsuit. The parties listed as ^dfs were not properly served. In addition, Chris Robello is no longer employed with the company, and we do not have a forwarding address. Sincerely, Monte Bello Apartments Management cc: ^c P.O. Box 278004 Sacramento, CA 95827 Andrew ~h 4001 S. Watt Avenue Unit 179 Sacramento, CA 95836 日 EQUAL HOUSING OPPORTUNITY  USPS TRACKING ENTO 9590 9402 3380 7227 170635 ~2 Postal Service CA 957 LC First-Class Mall Postage & Fees Pald USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• Kaycee smith 2215 Plaza Dr Ste 100 Rocklin, CA 95765 USPS TRACKING # 9590 9402 3380 7227 1700 68 ~2 Postal Service • Sender: Please print your name, address, and ZIP+4® in this box. Kaycee Smith 2215 Plaza Dr, Ste loo Rockiin, CA 95765 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 2L First-Class Mail Postage & Fees Paid USPS Permit No. G-10 9590 9402 3380 7227 1710 96 ~2 Postal Service • Sender: Please print your name, address, and ZIP+4® in this box USPS TRACKING # Kaycee Smith 2215 Plaza Dr, Ste 100 Rocklin, CA 95765 יייווו Case ^c2 Document 14-1 Filed 09/24/24 @ 6 of 10  Case ^c2 Document 14-1 Filed 09/24/24 @ 7 of 10 or on the front if space permits. ■Attach this card to the back of the mailpiece, Complete items 1, 2, and 3. so that we can return the card to you. Print your name and address on the reverse SENDER: COMPLETE THIS SECTION 1. Article Addressed to: ^c 2. Article Number (Transfer from service label) 319 1640 0001 5442 0026 PS Form 3811, July 2015 PSN 7530-02-000-9053 9590 9402 3380 7227 1710 96 COMPLETE THIS SECTION ON DELIVERY A. Signature X Andrew B Received by (Printed Name If YES, enter delivery address below: D. Is delivery address different from item 1? Yes more 98/2/24 8/2/24 C. Date of Delivery Addressee Agent Adult Signature 3. Service Type No SACRAMENTO, CA 95827-11 AUG-22024 Certified Mail® Adult Signature Restricted Delivery Certified Mail Restricted Delivery Collect on Delivery Collect on Delivery Restricted Delivery Insured Mail Insured Mail Restricted Delivery (over $500) Registered Mail Restricted Registered Mail™™ Priority Mail Express® Delivery Merchandise Retum Receipt for Signature Confirmation™™™ Signature Confirmation Restricted Delivery Domestic Return Receipt SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Andrew ~h COMPLETE THIS SECTION ON DELIVERY A. Signature Agent Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? Yes If YES, enter delivery address below: No 9590 9402 3380 7227 1700 75 2. Article Number Transfer from caminadahal 2 PS 3. Service Type Adult Signature Adult Signature Restricted Delivery Certified Mail® Certified Mail Restricted Delivery Collect on Delivery Collection Delivans Destrinted Priority Mail Express® Registered Mail™™ Registered Mail Restricted Delivery Return Receipt for Merchandise Signature Confirmation™™ Ignature Confirmation estricted Delivery Istic Return Receipt SENDER: COMPLETE THIS SECTION ■Complete items 1, 2, and 3. ■Print your name and address on the reverse so that we can return the card to you. ■Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Chery Lann Douglas 4001 5. Watt COMPLETE THIS SECTION ON DELIVERY A. Signature B. Received by (Printed Name) Agent Addressee C. Date of Delivery D. Is delivery address different from item 1? Yes If YES, enter delivery address below: No 9590 9402 3380 7227 1700 68 2. Article Number (Transfer from service label) 3. Service Type Adult Signature Adult Signature Restricted Delivery Certified Mail® Certified Mail Restricted Delivery Collect on Delivery Collect on Delivery Restricted Delivery Priority Mail Express® Registered Mail™™ Registered Mail Restricted Delivery Return Receipt for Merchandise Signature Confirmation™™™ Signature Confirmation Restricted Delivery Domestic Return Receint  Case ^c2 Document 14-1 Filed 09/24/24 @ 8 of 10 Case ^c2 Document 7 Filed 06/26/24 @ 1 of 1 RETURN OF SERVICE DATE Service of the Summons and complaint was made by me (1) 6-25-24 NAME OF SERVER (PRINT) TITLE ^l Check one box below to indicate appropriate method of service TRAVEL Served personally upon the ^df. Place where served: Left copies thereof at the ^df's dwelling house or usual place of bode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: Returned unexecuted: Other (specify): Served upon agent or evyployce ht group- 7 coples of lawsuit and suntwon's. At leasing Office 4001 S-watt Ave Sacramento, at 95824 all ^dfs Served. STATEMENT OF SERVICE FEES SERVICES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the ~1 that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on 4-25-24 Date Signature of Server Douglas v. Ezralous sole Hendry circle Rocklin, CA Address  ^c2 95745 FILED JUN 26 2024 CLERK, US ~dc ~ed BY DEPUN CLERK  Case ^c2 Document 14-1 Filed 09/24/24 @ 9 of 10 ^c6 ^c, et al., VS. The Ezralow Company LLC, et al., TO: Bryan Ezralow, Marc Ezralow, First Pointe Management Group LLC, Leslie Huffman, Chris Robello, The Ezralow Company LLC, Stacy White ^df's Address: CASE NO: ^c2 SUMMONS IN A CIVIL CASE YOU ARE HEREBY SUMMONED and required to serve on: ^c P.O. Box 278004 Sacramento, CA 95827 an answer to the complaint which is served on you with this summons, within 21 days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service. KEITH HOLLAND CLERK /s/ A. Woodson (By) DEPUTY CLERK ISSUED ON 2024-06-07 15:02:56 CLERK, USDC EDCA  Case ^c2 Document 14-1 Filed 09/24/24 @ 10 of 10   5 PROOF OF SERVICE I, Beverly Banner, declare: I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017. 6 On September 24, 2024, I served the following document(s): 7 DECLARATION OF STACEY WHITE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT 8 on the following parties: 9 ^c and 10 ^a 11 P.O. Box 278004 Sacramento, CA 95827 12 13 XX 14   19 Email:^e (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service. Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on September 24, 2024, at Los Angeles, California. 20 21 22 23 /s/ Beverly Banner Beverly Banner   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 PROOF OF SERVICE  Case ^c2 Document 14-2 Filed 09/24/24 @ 1 of 12 Tiffany D. Truong (SBN: 292463) 1 John Barbar (SBN: 334027) KIMBALL, TIREY & ST. JOHN LLP 2 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP 7 8 Attorneys for Specially Appearing ^dfs, (erroneously sued as First Pointe Management Group LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW 9 ~2 ~dc 10   ^c, et al., 14 ^ps, 15 VS. 16 17 18 FOR THE ~ed THE EZRALOW COMPANY, LLC, et al., ^dfs. Case No.: ^c2 ^dfS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT [Filed concurrently with: 19 20 21 Notice of ~m; Memorandum of Points and Authorities in Support Thereof; Declaration of Stacey White; [Proposed] Order] Date: October 31,2024 Time: 1:30 pm Place: Courtroom 3, 15th Floor Judge: Honorable Kimberly Mueller 22 23   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles Specially appearing ^dfs THE EZRALOW COMPANY, LLC; FIRST POINTE MANAGEMENT GROUP (erroneously sued as First Pointe Management Group, LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW ("^dfs") hereby request, pursuant to Rule 701 of the Federal Rules of Evidence, that the ^dfS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT  Case ^c2 Document 14-2 Filed 09/24/24 @ 2 of 12 1 Court take judicial notice of the following items in connection with ^df's ~m to Quash 2 3 Service of Summons pursuant to Federal Rule of Civil Procedure (“FRCP”) 4 and ^df's ~m to Vacate Default pursuant to FRCP 55(c): 4 5 REQUEST FOR JUDICIAL NOTICE   Request No. 1: ^dfs request judicial notice of the California Secretary of State's online business search results for FIRST POINTE MANAGEMENT GROUP, LLC indicating it is a terminated entity. A true and correct copy of the California Secretary of State's business search results for FIRST POINTE MANAGEMENT GROUP, LLC are attached hereto as ^x 1. 11 12 Request No. 2: ^dfs request judicial notice of ^df THE EZRALOW COMPANY, 13 14 15 LLC's Statement of Information filed on the California Secretary of State's website. A true and correct copy of THE EZRALOW COMPANY, LLC's Statement of Information is attached hereto as ^x 2. 16 17 Request No. 3: ^dfs request judicial notice of the registered fictitious business name for 18 ^df First Point Management Group found on the Sacramento County public citizen access 19 business name search: https://actonline.saccounty.gov/CitizenAccess/SACCO_FBNSearch.aspx. 20 A true and correct copy of the filing is attached hereto as ^x 3. 21 22 DATED: September 24, 2024 KIMBALL, TIREY & ST. JOHN, LLP 23 24 25 26 By: /s/Tiffany Truong Tiffany Truong, Attorneys for ^dfs, THE EZRALOW COMPANY, LLC, et al. 27 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 2 ^dfS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT  Case ^c2 Document 14-2 Filed 09/24/24 @ 3 of 12 ^x 1  California Secretary of State Home Case ^c2 Document 14-2 Filed 09/24/24 @ 4 of 12 Business UCC Business Search Search Forms Help The California Business Search provides access to available information for corporations, limited liability companies and limited partnerships of record with the California Secretary of State, with free PDF copies of over 17 million imaged business entity documents, including the most recent imaged Statements of Information filed for Corporations and Limited Liability Companies. FIRST POINTE MANAGEMENT GROUP, LLC (201208210239) M = Request Certificate Initial 03/22/2012 Filing Date Status Terminated Standing Good - SOS Good Currently, information for Limited Liability Partnerships (e.g. law firms, architecture firms, engineering firms, public accountancy firms, and land survey firms), General Partnerships, and other entity types are not contained in the California Business Search. If you wish to obtain information about LLPs and GPs, submit a Business Entities Order paper form to request copies of filings for these entity types. Note: This search is not intended to serve as a name reservation search. To reserve an entity name, select Forms on the left panel and select Entity Name Reservation ? Corporation, LLC, LP. Basic Search A Basic search can be performed using an entity name or entity number. When conducting a search by an entity number, where applicable, remove "C" from the entity number. Note, a basic search will search only ACTIVE entities (Corporations, Limited Liability Companies, Limited Partnerships, Cooperatives, Name Reservations, Foreign Name Reservations, Unincorporated Common Interest Developments, and Out of State Associations). The basic search performs a contains ?keyword? search. The Standing - FTB Standing - Agent Standing - VCFCF Inactive Date State Skip to main content Good Good 06/11/2012 Login Formed DELAWARE In Entity Type Principal Address Mailing Address Limited Liability Company - Out of State 23622 CALABASAS ROAD #200 CALABASAS, CA 91302 N/A Agent Individual CRISTINA AGRA-HUGHES 23622 CALABASAS ROAD #200 CALABASAS, CA 91302  Case ^c2 Document 14-2 Filed 09/24/24 @ 5 of 12 Business UCC Advanced Search Home Search Forms Help An Advanced search is required when searching for publicly traded disclosure information or a status other than active. An Advanced search allows for searching by specific entity types (e.g., Nonprofit Mutual Benefit Corporation) or by entity groups (e.g., All Corporations) as well as searching by ?begins with? specific search criteria. Disclaimer: Search results are limited to the 500 entities closest matching the entered search criteria. If your desired search result is not found within the 500 entities provided, please refine the search criteria using the Advanced search function for additional results/entities. The California Business Search is updated as documents are approved. The data provided is not a complete or certified record. Although every attempt has been made to ensure that the information contained in the database is accurate, the Secretary of State's office is not responsible for any loss, consequence, or damage resulting directly or indirectly from reliance on the accuracy, reliability, or timeliness of the information that is provided. All such information is provided "as is." To order certified copies or certificates of status, (1) locate an entity using the search; (2)select Request Certificate in the right-hand detail drawer; and (3) complete your request online. FIRST POINTE MANAGEMENT Q FIRST POINTE MANAGEMENT GROUP, LLC (201208210239) M = Request Certificate Initial 03/22/2012 Filing Date Status Standing - SOS Standing - FTB Standing - Agent Standing - VCFCF Inactive Date Terminated Good Good Good Good 06/11/2012 Limited Liability Company - Out of State 23622 CALABASAS ROAD #200 CALABASAS, CA 91302 N/A Formed DELAWARE In Entity Type Principal Address Mailing Address Agent Individual State Skip to main content Advanced CRISTINA AGRA-HUGHES 23622 CALABASAS ROAD #200 CALABASAS, CA 91302  Case ^c2 Document 14-2 Filed 09/24/24 @ 6 of 12 Business UCC Home Search FIRST POINTE MANAGEMENT GROUP, LLC (201208210239) Forms Help \u003E 03/22/2012 Terminated © 2024 CA Secretary of State Limited Liability Company - Out of State FIRST POINTE MANAGEMENT GROUP, LLC (201208210239) M = Request Certificate Initial 03/22/2012 Filing Date Status Terminated Standing Good - SOS Standing - FTB Good Standing Good - Agent Standing - VCFCF Good Inactive 06/11/2012 Date Formed DELAWARE In Entity Type Principal Address Mailing Address Agent Limited Liability Company - Out of State 23622 CALABASAS ROAD #200 CALABASAS, CA 91302 N/A Individual CRISTINA AGRA-HUGHES 23622 CALABASAS ROAD #200 CALABASAS, CA 91302  Case ^c2 Document 14-2 Filed 09/24/24 @ 7 of 12 ^x 2  FUREK KA Case ^c2 Document 14-2 Filed 09/24/24 @ 8 ofB120230704839 THE GREAT SEAL OF THE CALIFORNIA STATE OF CALIFORNIA Office of the Secretary of State STATEMENT OF INFORMATION LIMITED LIABILITY COMPANY California Secretary of State 1500 11th Street Sacramento, California 95814 (916) 653-3516 For Office Use Only -FILED- File No.: BA20230704839 Date ^f: 4/28/2023 Entity Details Limited Liability Company Name Entity No. Formed In Street Address of Principal Office of LLC Principal Address THE EZRALOW COMPANY, LLC 200112710121 DELAWARE 23622 CALABASAS RD STE 200 CALABASAS, CA 91302-1549 Mailing Address of LLC Mailing Address Attention Street Address of California Office of LLC Street Address of California Office Manager(s) or Member(s) Manager or Member Name 23622 CALABASAS RD STE 200 CALABASAS, CA 91302-1549 23622 CALABASAS RD STE 200 CALABASAS, CA 91302-1549 Manager or Member Address Marshall Ezralow as Trustee of the Ezralow Family Trust 23622 CALABASAS RD STE 200 CALABASAS, CA 91302-1549 Marshall Ezralow as Trustee of the Ezralow Marital Trust 23622 CALABASAS RD STE 200 CALABASAS, CA 91302-1549 Agent for Service of Process Agent Name Agent Address Type of Business Type of Business Email Notifications Opt-in Email Notifications Chief Executive Officer (CEO) CEO Name CRISTINA AGRA-HUGHES 23622 CALABASAS RD STE 200 CALABASAS, CA 91302 Asset Management Yes, I opt-in to receive entity notifications via email. None Entered CEO Address Labor Judgment No Manager or Member, as further defined by California Corporations Code section 17702.09(a)(8), has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal is pending, for the violation of any wage order or provision of the Labor Code. B1712-8290 04/28/2023 1:12 PM Received by California Secretary of State @ 1 of 2  Case ^c2 Document 14-2 Filed 09/24/24 @ 9 of 12 Electronic Signature By signing, I affirm under penalty of perjury that the information herein is true and correct and that I am authorized by California law to sign. Deanna Wiley Signature 04/28/2023 Date B1712-8291 04/28/2023 1:12 PM Received by California Secretary of State @ 2 of 2  Case ^c2 Document 14-2 Filed 09/24/24 @ 10 of 12 ^x 3  9/20/24, 4:13 PM Sacramento County, Accela Services Case ^c2 Document 14-2 Filed 09/24/24 @ 11 of 12 Sacramento County Citizen Access Fictitious Business Name Search Fictitious Business Name File Number: FBNF2022-03548 Filing Date: 5/5/2022 Expiration Date: 5/5/2027 Status: Filed Ownership Type: Corporation Business Name(s) on this filing FIRST POINTE MANAGEMENT GROUP Owner Name(s) on this filing WEST COAST REDEVELOPMENT, INC. Search Again Abandoned Date Withdrawn Date https://actonline.saccounty.gov/CitizenAccess/SACCO_FBNSearch.aspx 1/1  Case ^c2 Document 14-2 Filed 09/24/24 @ 12 of 12   5 PROOF OF SERVICE I, Beverly Banner, declare: I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017. 6 On September 24, 2024, I served the following document(s): 7 ^dfS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT 8 on the following parties: 9 ^c and 10 ^a 11 P.O. Box 278004 Sacramento, CA 95827 12 13 XX 14   19 Email:^e (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service. Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on September 24, 2024, at Los Angeles, California. 20 21 22 23 /s/ Beverly Banner Beverly Banner   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 PROOF OF SERVICE  Case ^c2 Document 14-3 Filed 09/24/24 @ 1 of 4 Tiffany D. Truong (SBN: 292463) 1 John Barbar (SBN: 334027) KIMBALL, TIREY & ST. JOHN LLP 2 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP 7 8 Attorneys for Specially Appearing ^dfs, (erroneously sued as First Pointe Management Group LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW 9 ~2 ~dc 10 FOR THE ~ed 11 12 Case No.: ^c2 13 ^c, et al., 14 ^ps, 15 [PROPOSED] ORDER ON ^dfS' ~m TO QUASH SERVICE OF SUMMONS AND VACATE DEFAULT VS. 16 [Filed concurrently with: 17 THE EZRALOW COMPANY, LLC, et al., 18 ^dfs. 19 Notice of ~m; Memorandum of Points and Authorities in Support Thereof; Request for Judicial Notice Declaration of Stacey White] 20 Date: October 31,2024 1:30 pm 21 Time: Place: Courtroom 3, 15th Floor Judge: Honorable Kimberly Mueller 22 23 // 24 // 25 // 26 // 27 // 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT    Case ^c2 Document 14-3 Filed 09/24/24 @ 2 of 4 Specially appearing ^dfs THE EZRALOW COMPANY, LLC; FIRST POINTE MANAGEMENT GROUP (erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW ("^dfs") ~m to Quash Service of Summons and ~m to Vacate Default came before this Court for hearing on the above date and time. 5 6 7 ^p appeared by counsel | in pro per ; ^dfs appeared 8 by counsel 9 10 11 After considering the documents submitted, arguments of counsel, and upon good cause appearing to this Court, ^dfs' ~m(s) are GRANTED as follows: ^dfs' ~m to Quash service of Summons is GRANTED. ^ps shall 12 have until to effectuate proper service of their operative Complaint 13 and Summons. 14   ^dfs' ~m to Set Aside and Vacate Default entered against ^dfs FIRST POINTE MANAGEMENT GROUP (erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC) and STACEY WHITE (erroneously sued as STACY WHITE) is GRANTED due to defective service. ^ps shall have until   22 to effectuate proper service of their operative Complaint and ^ps' Summons. If ^ps do not effectuate proper service by Complaint is dismissed without prejudice. IT IS FURTHER ORDERED: 23   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 2 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT  Case ^c2 Document 14-3 Filed 09/24/24 @ 3 of 4   IT IS SO ORDERED. 4 5 Dated: 6     Honorable Kimberly J. Mueller 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 3 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 14-3 Filed 09/24/24 @ 4 of 4   5 PROOF OF SERVICE I, Beverly Banner, declare: I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017. 6 On September 24, 2024, I served the following document(s): 7 [PROPOSED] ORDER ON ^dfS' ~m TO QUASH SERVICE OF SUMMONS AND VACATE DEFAULT 8 9 on the following parties: 10 ^c and ^a 11 P.O. Box 278004 Sacramento, CA 95827 12 13 XX   Email:^e (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service. Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on September 24, 2024, at Los Angeles, California.   /s/ Beverly Banner Beverly Banner   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 PROOF OF SERVICE  Firefox 1 of 1  ...ull docket text for document 14: AMENDED [13] ~m to QUASH by The Ezralow Company LLC. ~m Hearing set for 10/31/2024 at 01:30 PM before Senior District Judge Kimberly J. Mueller. (Attachments: # (1) Declaration of Stacey White, # (2) Supplement Request for Judicial Notice, # (3) Proposed Order) (Truong, Tiffany) Modified on 9/25/2024 (Kyono, V). 11/19/2024, 3:29 AM  Firefox 1 of 1 https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?125149879278837... ### MINUTE ORDER ### Full docket text for document 15: MINUTE ORDER issued by Courtroom Deputy M. Francel for Senior District Judge Kimberly J. Mueller on 9/25/2024: The court is in receipt of ^dfs' ~m to Quash Service of Summons and ~m to Vacate Default, ECF No. [14]. The ~m, as filed, is defective. ^dfs are directed to comply with Local Rules 302(c)(21) and 230(a) and re-notice the ~m before the assigned ^mj. Accordingly, the 10/31/2024 ~m Hearing set before Chief District Judge Kimberly J. Mueller is VACATED. (Text Only Entry) (Francel, M.) 11/19/2024, 3:20 AM  Case ^c2 Document 16 Filed 09/25/24 @ 1 of 12 Tiffany D. Truong (SBN: 292463) 1 John Barbar (SBN: 334027) KIMBALL, TIREY & ST. JOHN LLP 2 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP 7 Attorneys for Specially Appearing ^dfs, (erroneously sued as First Pointe Management Group LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); 8 LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW 9 ~2 ~dc 10 FOR THE ~ed 11 12 Case No.: ^c2 13 ^dfS' NOTICE OF ~m ^c, et al., 14 ^ps, 15 AND ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT VS. 16 THEREOF 17 THE EZRALOW COMPANY, LLC, et al., [Filed concurrently with: 18 Declaration of Stacey White; ^dfs. Request for Judicial Notice; 19 [Proposed] Order] 20 Date: November 13,2024 Time: 10:00 am 21 Place: Courtroom 24, 8th Floor Judge: Honorable Carolyn K. Delaney 22 23   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles TO THIS HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEY(S) OF RECORD: YOU ARE HEREBY NOTICED THAT on November 13,2024 at 10:00 a.m., in Courtroom 24 on the 8th Floor of this Court located at 501 I Street, Sacramento, CA 95814, Specially appearing ^dfs THE EZRALOW COMPANY, LLC; FIRST POINTE 1 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 16 Filed 09/25/24 @ 2 of 12     14 15 16 MANAGEMENT GROUP (erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW (“^dfs”) shall and hereby do move this Court for and hereby does seek an Order to quash service of ^p's Complaint and Summons for defective service under Federal Rule of Civil Procedure (“FRCP”) 4. This ~m is made because ^ps have failed to effectuate proper service on ^dfs, this Court should quash ^ps' defective service of process on ^dfs. Furthermore, ^dfs move this Court and hereby does seek an Order to set aside and vacate the Court's entry of default of FIRST POINTE MANAGEMENT GROUP, LLC and STACEY WHITE (erroneously sued as STACY WHITE) issued on August 20, 2024, pursuant to FRCP 55(c). This ~m is made because good cause exists to set aside this default on three independent grounds: (1) setting aside the default will not prejudice ^ps; (2) the Defaulted ^dfs have a meritorious defense; and (3) the Defaulted ^dfs have not engaged in any culpable conduct to lead to their default. More importantly, default must be set aside because it was entered based on defective service. 17 18 Although ^ps are not represented, pursuant to this Court's Civil Standing Order, prior 19 20 21 22 to the filing of these ~ms, ^dfs sent ^ps a letter regarding their improper service on July 8, 2024. To date, ^ps have not responded back to ^dfs. (See, Civil Standing Order, § 4A(a).) Further, the parties have not had any settlement discussions pertaining to ^ps' claims. (See, Id., § 4A(d).) 23 These ~ms will further be based upon this Notice of ~m and ~m, the attached 24 the Memorandum of Points and Authorities, the Declaration of Stacey White and upon all of the 25 papers and pleadings on file herein and upon such other oral and documentary evidence as may be 26 properly received by the Court at the time of the hearing. 27 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 2 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 16 Filed 09/25/24 @ 3 of 12 1 DATED: September 25, 2024 KIMBALL, TIREY & ST. JOHN, LLP 2   /s/ Tiffany Truong By: Tiffany Truong, Attorneys for Specially Appearing ^dfs, THE EZRALOW COMPANY, LLC, et al.     KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 3 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 16 Filed 09/25/24 @ 4 of 12   11 12 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION AND FACTS ^ps ^c and ^a ("^ps"), both of which are California residents, filed a complaint against THE EZRALOW COMPANY, LLC; FIRST POINTE MANAGEMENT GROUP (erroneously sued as First Pointe Management Group LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW (“^dfs”) for alleged housing discrimination, gross negligence, violation of California's Unfair Competition Law under Business and Professions Code § 17200, and intentional infliction of e~mal distress. (See generally, ECF No. 1.) ^ps are not lawyers and are proceeding pro se in this matter. (ECF No. 2.) 13 ^ps allegedly served all ^dfs on June 25, 2024, via an “agent or employee of 14 15 First Pointe Management group 7 copies of lawsuit and summons. At leasing office . . .” (See, ECF No. 7.) 16 17 18 19 On July 8, 2024, ^dfs sent a letter to ^ps regarding their alleged service on all seven ^dfs, notifying ^ps that ^dfs have not been properly served. (Decl. of Stacey White (“White Decl.”), ¶¶ 6; Ex. 1.) Despite ^ps having confirmed receipt of this letter, ^dfs did not hear back from ^ps. (White Decl., ¶¶ 7.) 20 Despite improper service on ^dfs, ^ps filed their Request for Entry of Default   as to all ^dfs on August 16, 2024. (ECF No. 8.) ^dfs only learned of ^ps' attempts to enter default on or about August 19, 2024, when a former employee received a copy of ^ps' Request for Entry of Default in the mail and reported it. (White Decl., ¶¶ 8.) 25 26 On August 20, 2024, this Court entered default as to FIRST POINTE MANAGEMENT GROUP and STACEY WHITE while also declining ^ps' Request because it was “unable to determine if summons was appropriately served based on the documents filed.” (ECF Nos. 9, 10.) 27 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 4 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT    Case ^c2 Document 16 Filed 09/25/24 @ 5 of 12 On August 28, 2024, ^ps filed their ~m for Relief from Judgment ex parte with hearing set on October 10, 2024. It appears the basis of ^ps' argument is that the Court's orders in Dockets 9 and 10 “were made in error.” (ECF No. 11, at 2:9-12.)   ^ps' proof of service does not accurately indicate how service was completed and upon whom ^ps' Complaint and Summons was served. Despite ^dfs' good faith efforts to notify ^ps that they have not effected proper service on them, ^ps continue to press forward and attempt to hide this from the Court while seeking to obtain defaults on all ^dfs. 8 This Court should quash ^ps' improper service of its Summons on ^dfs. Additionally, 9 10 because service was improper, this court should set aside and vacate its default on ^dfs FIRST POINTE MANAGEMENT GROUP and STACEY WHITE.   14     II. SERVICE OF THE SUMMONS ON ALL ^dfS MUST BE QUASHED BECAUSE IT FAILS TO COMPLY WITH THE LAW Every ^df in a federal action must be timely and validly served by the ^p(s) with a summons and a copy of the complaint. (Fed. R. Civ. P."
   },
   {
     "id": 4,
     "text": "(“FRCP”) 4(c)(1).) If a ^df is not served within 90 days after the complaint is filed, the ~dc (on ~m or on its own after notice to the ^p) must dismiss the action without prejudice against that ^df or order that service be made within a specified time. (FRCP 4(m) (emphasis added).) FRCP 4 codifies a basic element of litigation: service of process is a prerequisite for personal jurisdiction over a ^df. (Jackson v. Hayakawa, 682 F.2d 1344, 1347 (9th Cir. 1982) ("^dfs must be served in accordance with Rule 4. or there is no personal jurisdiction."); Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350 (1999) (holding that service of process is "fundamental to any procedural imposition on a named ^df"). A court may not assert personal jurisdiction on a ^df unless proper service of process is effectuated. (S.E.C. v. Ross, 504 F.3d 1130, 1138 (9th Cir. 2007).) Absent proper service, a court may not assert jurisdiction over a ^df unless the ^df consents to jurisdiction or waives service. (Id. at 1138-39.) KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 5 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT    Case ^c2 Document 16 Filed 09/25/24 @ 6 of 12 Where, as here, sufficiency of process and/or service is challenged prior to filing an answer, such a challenge is properly made by ~m to dismiss or quash pursuant to Rule 12. (Chilicky v. Schweiker, 796 F.2d 1131, 1136 (9th Cir. 1986), rev'd on other grounds, Schweiker v. Chilicky, 487 U.S. 412 (1988).) "Courts generally treat Rule 12(b)(4) and (5) as more or less interchangeable, but when a ^df shows improper service of process, the ~m to quash will be granted." (2 Moore's Federal Practice § 12.33 (2024) (emphasis added).) 5 6 7 8 In this action, despite being against seven separate ^dfs, there is only one proof of service filed for this Court to consider. (See, ECF No. 7.) The individual that allegedly effectuated 9 service on behalf of ^ps was ^l, who is not a registered process server. While 10 the FRCP does not affirmatively state what the server's affidavit must contain, for a generally valid   proof of service, the date of service, the place of service, the person/entity served, the documents served, and the manner of service are essential. (Stevenson & Fizgerald, Rutter Practice Guide Federal Civil Procedure Before Trial § 5:315 (2024).) 14 15 16 Here, ^ps' proof of service does not state the manner of service nor the person(s) served. (See, ECF No. 7.) Instead, it makes a blanket statement that it was purportedly “served upon an agent or employee of First Pointe Management Group" and that “all ^dfs [have been] 17   served" on June 25, 2024. (Id.) There is not even a description of the individual(s) served; there is patently no way for this Court to determine which individual has been served with ^ps' Summons and Complaint and whether such individual was authorized to accept service on behalf of a business entity. (FRCP 4(h)(1)(b) (a business entity can be served by delivering a copy of the 22 23   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles summons and complaint to: (1) an officer, (2) a managing or general agent, or (3) any other agent authorized by appointment or by law to receive service of process).) Neither ^dfs nor this Court can even engage in such analysis because of the dearth of information in ^ps' proof of service. There is also zero explanation why each of the individually named ^dfs were not personally served, that the server made any due diligence attempts to personally serve each ^df, and why the person served apparently could accept service on behalf of each of them. 6 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT      14   Case ^c2 Document 16 Filed 09/25/24 @ 7 of 12 The reason is quite clear and simple the person served had no legal authority to accept service on behalf of any ^df and ^ps attempt to hide this fact. (White Decl., ¶ 4.) Further, ^ps identified the wrong ^df in their filings. FIRST POINTE MANAGEMENT GROUP is a registered fictitious business name in the County of Sacramento which ^ps erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC. (Request for Judicial Not., Ex. 3.) FIRST POINTE MANAGEMENT GROUP, LLC is a terminated Delaware company and does not have its principal address nor its agent for service of process located at the 4001 S. Watt Ave., Sacramento, CA 95826 – the address where Ms. ~h allegedly served ^ps' Summons and Complaint. ^ps cannot demonstrate that any registered agent of FIRST POINTE MANAGEMENT GROUP or even the erroneously named FIRST POINTE MANAGEMENT GROUP, LLC were properly served. It is similar for ^df THE EZRALOW COMPANY, LLC. The remaining individual ^dfs were not located at 4001 S. Watt Ave. at the time Ms. ~h was there so as to be effectively served with ^p's Summons and Complaint. (See generally, Request for Jud. Notice) Once service by ^df is challenged, ^ps bear the burden of establishing that service was valid. (Brockmeyer v. May, 383 F.3d 798, 801 (9th Cir. 2004).) "[T]o do so, [they] must demonstrate that the procedure employed to deliver the papers satisfied the requirements of 19 20 the relevant portions of Rule 4 and any other applicable provision of law." (Wright & Miller, Federal Practice and Procedure: Civil 3d § 1083 (4th ed.).) If ^ps fail to meet their 21 22 burden, "the ~dc has discretion to dismiss an action." (S.J. v. Issaquah Sch. Dist. No. 411, 470 F.3d 1288, 1293 (9th Cir. 2006).) 23 24 Therefore, ^dfs request this Court quash ^ps' defective service of process on ^dfs. 25 // 26 // 27 // 28 // KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 7 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 16 Filed 09/25/24 @ 8 of 12   7 8 9 III. THE DEFAULT ON ^dfS FIRST POINTE MANAGEMENT GROUP, LLC AND STACEY WHITE MUST BE SET ASIDE AND VACATED DUE TO IMPROPER SERVICE Under FRCP 55(c), the Court may set aside an entry of default upon a showing of good cause. To determine whether there is good cause, the Court considers three factors: (1) whether the ^p would be prejudiced if the entry of default is set aside; (2) whether the ^df has a meritorious defense; and (3) whether ^df's culpable conduct led to the default. (See, Brandt v. Am. Bankers, 653 F.3d 1108, 1111 (9th Cir. 2011).) 10 Even if one of the factors applies against the ^df, the Court has broad discretion to   14 15 set aside default and grant the ~m. (Id., at 1112 ("A ~dc may exercise its discretion to deny relief to a defaulting ^df based solely upon a finding of ^df's culpability, but need not."); see, e.g., Haw. Carpenters' Tr. Funds v. Stone, 794 F.2d 508, 513 (9th Cir. 1986) (recognizing that the standard for setting aside entry of default under Rule 55(c) is less rigorous than the standard for setting aside entry of default judgment); Brady v. ~2, 211 16 17   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles F.3d 499, 504 (9th Cir. 2000) (affirming ~dc's decision to set aside default "without comment" because it was not an abuse of discretion to accept ^df's explanation of the delay in responding to ^p's complaint).) Here, this Court entered default as to FIRST POINTE MANAGEMENT GROUP, LLC and STACEY WHITE (the “Defaulted ^dfs”) while also declining ^ps' Request because it was "unable to determine if summons was appropriately served based on the documents filed.” (ECF Nos. 9, 10.) Without even engaging in the more detailed analysis, good cause exists to vacate default against the Defaulted ^dfs because service was defective as outlined in section supra. Subsequently, as a result, this Court has no personal jurisdiction over Defaulted ^dfs and default was entered based on either dishonest or defective service of summons. Moreover, good cause exists to set aside this default on three independent grounds: (1) setting aside the default will not prejudice ^ps; (2) the Defaulted ^dfs have a 8 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT        Case ^c2 Document 16 Filed 09/25/24 @ 9 of 12 meritorious defense; and (3) the Defaulted ^dfs have not engaged in any culpable conduct to lead to their default. a. Setting aside the default will not prejudice ^ps. Setting aside the Clerk's entry of default on the Defaulted ^dfs will not prejudice ^ps. "Being forced to litigate on the merits cannot be considered prejudicial because a ^p would have had to do so anyway had there been no default." (Yan v. General Pot, Inc., 78 F.Supp.3d. 997, 1005 (N.D. Cal. 2015) (emphasis added) citing, TCI Grp. Life Ins. Plan v. Knoebber, 244 F.3d 691, 701 (9th Cir. 2001).) Likewise, delay in resolution of the case is insufficient to establish prejudice. (See, e.g., TCI Group Life Ins. Plan, 244 F.3d at 701 (even under heightened standard of setting aside default judgment, the harm must be greater than delay of resolution to be prejudicial).) Moreover, the ^p is not prejudiced simply because he lost a "quick victory due [^df's] procedural default and must litigate on the merits." (Id.) Only where a ^p can demonstrate tangible harm, such as the "loss of evidence, increased difficulties of discovery, or greater opportunity for fraud or collusion," would a finding of prejudice be appropriate. (Id.) Here, ^ps cannot show prejudice that would justify the drastic step of prohibiting the Defaulted ^dfs from defending this case on the merits, after they are actually served in a legally proscribed manner. This factor weighs in favor of setting aside default on the Defaulted ^dfs. b. The Defaulted ^dfs have a meritorious defense against ^ps' defective service and the allegations in ^ps' operative Complaint. A meritorious defense constitutes good cause to set aside entry of default. (~2 v. Signed Pers. Check No. 730 of Yubran S. Mesle (“Mesle”), 15 F.3d 1085, 1091 (9th Cir. 2010).) "All that is necessary to satisfy the 'meritorious defense' requirement is to allege sufficient facts that, if true, would constitute a defense." (Id. at 1094.) If service was defective or insufficient, the Clerk's entry of default is void due to this Court's lack of personal jurisdiction over ^dfs. (Veeck v. Commodity Enters., 487 F.2d 423, 425-26 (9th Cir. 1973) (reversing ~dc's denial of ~m to set aside default judgment and quash 9 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT KIMBALL, TIREY & St. John Attorneys At Law Los Angeles  Case ^c2 Document 16 Filed 09/25/24 @ 10 of 12   service of process because service of process was ineffective and citing Rule 55(c) in so doing); see, Mason v. Genisco Tech. Corp., 960 F.2d 849, 851 (9th Cir. 1992) ("A person is not bound by a judgment in a litigation to which he or she has not been made a party by service of process.") 5 6 7 8 9 Proper service was not effected on ^dfs. As a result, this Court lacks personal jurisdiction over the Defaulted ^dfs. As discussed previously, service should be quashed over the Defaulted ^dfs. Further, ^ps' complaint alleges a litany of personal gripes they have endured during their tenure at Monte Bello Apartments that, as currently constructed, appear to be conclusory and do not cogently allege a valid claim for relief. (See generally, ECF No. 10 1.) This factor weighs heavily in favor of setting aside default on the Defaulted ^dfs.   c. The Defaulted ^dfs are not culpable because they have made good faith efforts to address ^ps' ineffective service. "[A] ^df's conduct is culpable if he has received actual or constructive notice of the 14 15 16 filing of the action and intentionally failed to answer." (TCI Group Life Ins. Plan v. Knoebber, 244 F.3d 691, 697 (9th Cir. 2001).) A neglectful failure to answer where the ^df offers a credible, good faith explanation "negating any intention to take advantage of the opposing party, interfere 17 18 19 with judicial decision making, or otherwise manipulate the legal process is not 'intentional' under [the Ninth Circuit's] default cases . . . . " (Id.; Mesle, 615 F.3d at 1092 ("movant cannot be treated as culpable simply for having made a conscious choice not to answer").) 20   25 26 Here, service of process on the Defaulted ^dfs was clearly deficient. ^dfs informed ^ps of the deficiencies prior to the due date for filing an answer. (White Decl., ¶ 6; Ex. 1.) Instead of attempting to effectuate proper service of process on all ^dfs, or even filing an amended proof of service, ^ps instead filed their Request for Entry of Default. (ECF No. 8.) Even after this Court identified that service was improper on at least some of the ^dfs, ^ps still filed their ~m for Relief from Judgment on the basis that the Court's orders in Dockets 9 and 10 “were made in error.” (ECF No. 11, at 2:9-12.) 27 28 ^dfs engaged in good faith efforts to address ^ps' ineffective service of process, even when there was no obligation to do so. ^ps' failure to heed ^dfs' 10 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT KIMBALL, TIREY & St. John Attorneys At Law Los Angeles  Case ^c2 Document 16 Filed 09/25/24 @ 11 of 12 1 warnings and attempt to obfuscate their improper service before this Court should not prejudice the 2 3 Defaulted ^dfs. This factor is heavily in favor of setting aside default on the Defaulted ^dfs.   IV. CONCLUSION Based on the foregoing, ^dfs request this Court quash ^ps' defective service of process on ^dfs. Additionally, because good cause exists, ^dfs respectfully request that this Court set aside and vacate its default on ^dfs FIRST POINTE MANAGEMENT GROUP (erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC) and STACEY WHITE 11 (erroneously sued as STACY WHITE). 12 13 DATED: September 25, 2024 KIMBALL, TIREY & ST. JOHN, LLP 14 15 16 By: 17 18 /s/ Tiffany Truong Tiffany Truong, Attorneys for ^dfs, THE EZRALOW COMPANY, LLC, et al. 19 20   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 11 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 16 Filed 09/25/24 @ 12 of 12   5 PROOF OF SERVICE I, Beverly Banner, declare: I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017. 6 On September 25, 2024, I served the following document(s): 7 STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3) 8 on the following parties: 9 ^c and 10 ^a 11 P.O. Box 278004 Sacramento, CA 95827 12 13 XX 14   19 Email:^e (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service. Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on September 25, 2024, at Los Angeles, California. 20 21 22 23 /s/ Beverly Banner Beverly Banner   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 PROOF OF SERVICE  Case ^c2 Document 16-1 Filed 09/25/24 @ 1 of 10 Tiffany D. Truong (SBN: 292463) 1 John Barbar (SBN: 334027) KIMBALL, TIREY & ST. JOHN LLP 2 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 Attorneys for Specially Appearing ^dfs, THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP (erroneously sued as FIRST POINTE MANAGEMENT LLC); 7 STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); 8 LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW 9 ~2 ~dc 10   FOR THE ~ed ^c, et al., Case No.: ^c2 14 ^ps, DECLARATION OF STACEY WHITE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT 15 VS. 16 17 THE EZRALOW COMPANY, LLC, et al., [Filed concurrently with: Notice of ~m; Memorandum of 18 ^dfs. 19 20 Date: Time: Place: 21 Points and Authorities in Support Thereof; Request for Judicial Notice; [Proposed] Order] November 13,2024 10:00 am Courtroom 24, 8th Floor Judge: Honorable Carolyn K. Delaney 22 23   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 DECLARATION OF STACEY WHITE  Case ^c2 Document 16-1 Filed 09/25/24 @ 2 of 10 1 I, Stacey White, declare as follows: 2 3 4 5 1. I am presently employed by FIRST POINTE MANAGEMENT GROUP (“First Pointe") as an asset manager. I am over eighteen years of age and am fully competent to make this declaration. The facts stated herein are known to me based on my personal knowledge. If called to testify, I could and would competently testify to the contents of this declaration. 6 2. First Pointe is in the business of property management and manages the property 7 8 located at 4001 S. Watt Ave., Sacramento, CA 95836, which is the subject property in this action (the "Premises”). 9 10 11 3. My understanding is that First Pointe is a registered fictitious business name and not the same entity as First Pointe Management Group LLC, which is a terminated entity. (See, Req. for Judicial Notice, Ex. 2, 3.) 12 4. On June 25, 2024, an unknown female entered the Premises' leasing office and 13 14 15 16 handed a leasing agent at the Premises a stack of papers which appeared to be ^ps' ^c and ANDREW ~h (the “^ps”) Complaint and Summons. The leasing agent is no longer employed with the Premises, however no one at the Premises is authorized to accept service of process on behalf of any of the ^dfs. 17 5. As the asset manager for the Premises, this unusual incident was reported to me. 18 6. On July 8, 2024, I sent ^ps a letter notifying them that the parties listed as 19 20 ^dfs in ^ps' Complaint were not properly served. A true and correct copy of my correspondence to ^ps is attached herein as ^x 1. 21 7. 22 This correspondence was sent via Certified U.S. Mail with return receipt requested; ^ps confirmed signed receipt on or around August 2, 2024. (Ex. 1, pg. 3.) 23 8. On August 19, 2024, I was contacted by Chris Rebello, who is no longer employed 24 25 with First Pointe. Chris notified me that his mother was mailed a copy of ^ps' Notice and Application for Entry of Default via U.S. Mail at his mother's home. He told me this was the first 26 time being made aware that he was a named ^df in ^ps' Complaint. 27 9. I am not aware of any other attempts to serve the summons to any of the 28 ^dfs other than the claimed service performed on June 25, 2024, and memorialized in the KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 2 DECLARATION OF STACEY WHITE  Docusign Envelope ID: BBD82C7E-C4FE-42EA-8CB9-01EA0BAA3059 Case ^c2 Document 16-1 Filed 09/25/24 @ 3 of 10 1 "proof of service” filed by ^ps. 2 I declare under penalty of perjury under the laws of the State of California that the 3 foregoing is true and correct. 4 9/23/2024 Dated 5 DocuSigned by: Se Stacey White 94C03F5F1AFF400... 6     KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 3 DECLARATION OF STACEY WHITE  Case ^c2 Document 16-1 Filed 09/25/24 @ 4 of 10 ^x 1  Case ^c2 Document 16-1 Filed 09/25/24 @ 5 of 10 MONTE BELLO APARTMENT HOMES July 8th, 2024 ^c, et al 4001 S. Watt Avenue Unit 179 Sacramento, CA 95836 RE: Douglas, et al. vs. The Ezralow Company LLC, et al. Case No: ^c2 Dear Ms. Douglas, With respect to the above-mentioned matter, the summons was dropped off at our office last week. We have no knowledge of this lawsuit. The parties listed as ^dfs were not properly served. In addition, Chris Robello is no longer employed with the company, and we do not have a forwarding address. Sincerely, Monte Bello Apartments Management cc: ^c P.O. Box 278004 Sacramento, CA 95827 Andrew ~h 4001 S. Watt Avenue Unit 179 Sacramento, CA 95836 日 EQUAL HOUSING OPPORTUNITY  USPS TRACKING ENTO 9590 9402 3380 7227 170635 ~2 Postal Service CA 957 LC First-Class Mall Postage & Fees Pald USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• Kaycee smith 2215 Plaza Dr Ste 100 Rocklin, CA 95765 USPS TRACKING # 9590 9402 3380 7227 1700 68 ~2 Postal Service • Sender: Please print your name, address, and ZIP+4® in this box. Kaycee Smith 2215 Plaza Dr, Ste loo Rockiin, CA 95765 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 2L First-Class Mail Postage & Fees Paid USPS Permit No. G-10 9590 9402 3380 7227 1710 96 ~2 Postal Service • Sender: Please print your name, address, and ZIP+4® in this box USPS TRACKING # Kaycee Smith 2215 Plaza Dr, Ste 100 Rocklin, CA 95765 יייווו Case ^c2 Document 16-1 Filed 09/25/24 @ 6 of 10  Case ^c2 Document 16-1 Filed 09/25/24 @ 7 of 10 or on the front if space permits. ■Attach this card to the back of the mailpiece, Complete items 1, 2, and 3. so that we can return the card to you. Print your name and address on the reverse SENDER: COMPLETE THIS SECTION 1. Article Addressed to: ^c 2. Article Number (Transfer from service label) 319 1640 0001 5442 0026 PS Form 3811, July 2015 PSN 7530-02-000-9053 9590 9402 3380 7227 1710 96 COMPLETE THIS SECTION ON DELIVERY A. Signature X Andrew B Received by (Printed Name If YES, enter delivery address below: D. Is delivery address different from item 1? Yes more 98/2/24 8/2/24 C. Date of Delivery Addressee Agent Adult Signature 3. Service Type No SACRAMENTO, CA 95827-11 AUG-22024 Certified Mail® Adult Signature Restricted Delivery Certified Mail Restricted Delivery Collect on Delivery Collect on Delivery Restricted Delivery Insured Mail Insured Mail Restricted Delivery (over $500) Registered Mail Restricted Registered Mail™™ Priority Mail Express® Delivery Merchandise Retum Receipt for Signature Confirmation™™™ Signature Confirmation Restricted Delivery Domestic Return Receipt SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Andrew ~h COMPLETE THIS SECTION ON DELIVERY A. Signature Agent Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? Yes If YES, enter delivery address below: No 9590 9402 3380 7227 1700 75 2. Article Number Transfer from caminadahal 2 PS 3. Service Type Adult Signature Adult Signature Restricted Delivery Certified Mail® Certified Mail Restricted Delivery Collect on Delivery Collection Delivans Destrinted Priority Mail Express® Registered Mail™™ Registered Mail Restricted Delivery Return Receipt for Merchandise Signature Confirmation™™ Ignature Confirmation estricted Delivery Istic Return Receipt SENDER: COMPLETE THIS SECTION ■Complete items 1, 2, and 3. ■Print your name and address on the reverse so that we can return the card to you. ■Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Chery Lann Douglas 4001 5. Watt COMPLETE THIS SECTION ON DELIVERY A. Signature B. Received by (Printed Name) Agent Addressee C. Date of Delivery D. Is delivery address different from item 1? Yes If YES, enter delivery address below: No 9590 9402 3380 7227 1700 68 2. Article Number (Transfer from service label) 3. Service Type Adult Signature Adult Signature Restricted Delivery Certified Mail® Certified Mail Restricted Delivery Collect on Delivery Collect on Delivery Restricted Delivery Priority Mail Express® Registered Mail™™ Registered Mail Restricted Delivery Return Receipt for Merchandise Signature Confirmation™™™ Signature Confirmation Restricted Delivery Domestic Return Receint  Case ^c2 Document 16-1 Filed 09/25/24 @ 8 of 10 Case ^c2 Document 7 Filed 06/26/24 @ 1 of 1 RETURN OF SERVICE DATE Service of the Summons and complaint was made by me (1) 6-25-24 NAME OF SERVER (PRINT) TITLE ^l Check one box below to indicate appropriate method of service TRAVEL Served personally upon the ^df. Place where served: Left copies thereof at the ^df's dwelling house or usual place of bode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: Returned unexecuted: Other (specify): Served upon agent or evyployce ht group- 7 coples of lawsuit and suntwon's. At leasing Office 4001 S-watt Ave Sacramento, at 95824 all ^dfs Served. STATEMENT OF SERVICE FEES SERVICES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the ~1 that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on 4-25-24 Date Signature of Server Douglas v. Ezralous sole Hendry circle Rocklin, CA Address  ^c2 95745 FILED JUN 26 2024 CLERK, US ~dc ~ed BY DEPUN CLERK  Case ^c2 Document 16-1 Filed 09/25/24 @ 9 of 10 ^c6 ^c, et al., VS. The Ezralow Company LLC, et al., TO: Bryan Ezralow, Marc Ezralow, First Pointe Management Group LLC, Leslie Huffman, Chris Robello, The Ezralow Company LLC, Stacy White ^df's Address: CASE NO: ^c2 SUMMONS IN A CIVIL CASE YOU ARE HEREBY SUMMONED and required to serve on: ^c P.O. Box 278004 Sacramento, CA 95827 an answer to the complaint which is served on you with this summons, within 21 days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service. KEITH HOLLAND CLERK /s/ A. Woodson (By) DEPUTY CLERK ISSUED ON 2024-06-07 15:02:56 CLERK, USDC EDCA  Case ^c2 Document 16-1 Filed 09/25/24 @ 10 of 10   5 PROOF OF SERVICE I, Beverly Banner, declare: I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017. 6 On September 25, 2024, I served the following document(s): 7 DECLARATION OF STACEY WHITE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT 8 on the following parties: 9 ^c and 10 ^a 11 P.O. Box 278004 Sacramento, CA 95827 12 13 XX 14   19 Email:^e (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service. Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on September 25, 2024, at Los Angeles, California. 20 21 22 23 /s/ Beverly Banner Beverly Banner   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 PROOF OF SERVICE  Case ^c2 Document 16-2 Filed 09/25/24 @ 1 of 12 Tiffany D. Truong (SBN: 292463) 1 John Barbar (SBN: 334027) KIMBALL, TIREY & ST. JOHN LLP 2 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP 7 8 Attorneys for Specially Appearing ^dfs, (erroneously sued as First Pointe Management Group LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW 9 ~2 ~dc 10   ^c, et al., 14 ^ps, 15 FOR THE ~ed Case No.: ^c2 ^dfS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT VS. 16 17 18 THE EZRALOW COMPANY, LLC, et al., ^dfs. 19 20 21 [Filed concurrently with: Notice of ~m; Memorandum of Points and Authorities in Support Thereof; Declaration of Stacey White; [Proposed] Order] Date: November 13,2024 Time: 10:00 am Place: Courtroom 24, 8th Floor Judge: Honorable Carolyn K. Delaney 22 23   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles Specially appearing ^dfs THE EZRALOW COMPANY, LLC; FIRST POINTE MANAGEMENT GROUP (erroneously sued as First Pointe Management Group, LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW ("^dfs") hereby request, pursuant to Rule 701 of the Federal Rules of Evidence, that the ^dfS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT  Case ^c2 Document 16-2 Filed 09/25/24 @ 2 of 12 1 Court take judicial notice of the following items in connection with ^df's ~m to Quash 2 3 Service of Summons pursuant to Federal Rule of Civil Procedure (“FRCP”) 4 and ^df's ~m to Vacate Default pursuant to FRCP 55(c): 4 5 REQUEST FOR JUDICIAL NOTICE   Request No. 1: ^dfs request judicial notice of the California Secretary of State's online business search results for FIRST POINTE MANAGEMENT GROUP, LLC indicating it is a terminated entity. A true and correct copy of the California Secretary of State's business search results for FIRST POINTE MANAGEMENT GROUP, LLC are attached hereto as ^x 1. 11 12 Request No. 2: ^dfs request judicial notice of ^df THE EZRALOW COMPANY, 13 14 15 LLC's Statement of Information filed on the California Secretary of State's website. A true and correct copy of THE EZRALOW COMPANY, LLC's Statement of Information is attached hereto as ^x 2. 16 17 Request No. 3: ^dfs request judicial notice of the registered fictitious business name for 18 ^df First Point Management Group found on the Sacramento County public citizen access 19 business name search: https://actonline.saccounty.gov/CitizenAccess/SACCO_FBNSearch.aspx. 20 A true and correct copy of the filing is attached hereto as ^x 3. 21 22 DATED: September 25, 2024 KIMBALL, TIREY & ST. JOHN, LLP 23 24 25 26 By: /s/Tiffany Truong Tiffany Truong, Attorneys for ^dfs, THE EZRALOW COMPANY, LLC, et al. 27 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 2 ^dfS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT  Case ^c2 Document 16-2 Filed 09/25/24 @ 3 of 12 ^x 1  California Secretary of State Home Case ^c2 Document 16-2 Filed 09/25/24 @ 4 of 12 Business UCC Business Search Search Forms Help The California Business Search provides access to available information for corporations, limited liability companies and limited partnerships of record with the California Secretary of State, with free PDF copies of over 17 million imaged business entity documents, including the most recent imaged Statements of Information filed for Corporations and Limited Liability Companies. FIRST POINTE MANAGEMENT GROUP, LLC (201208210239) M = Request Certificate Initial 03/22/2012 Filing Date Status Terminated Standing Good - SOS Good Currently, information for Limited Liability Partnerships (e.g. law firms, architecture firms, engineering firms, public accountancy firms, and land survey firms), General Partnerships, and other entity types are not contained in the California Business Search. If you wish to obtain information about LLPs and GPs, submit a Business Entities Order paper form to request copies of filings for these entity types. Note: This search is not intended to serve as a name reservation search. To reserve an entity name, select Forms on the left panel and select Entity Name Reservation ? Corporation, LLC, LP. Basic Search A Basic search can be performed using an entity name or entity number. When conducting a search by an entity number, where applicable, remove "C" from the entity number. Note, a basic search will search only ACTIVE entities (Corporations, Limited Liability Companies, Limited Partnerships, Cooperatives, Name Reservations, Foreign Name Reservations, Unincorporated Common Interest Developments, and Out of State Associations). The basic search performs a contains ?keyword? search. The Standing - FTB Standing - Agent Standing - VCFCF Inactive Date State Skip to main content Good Good 06/11/2012 Login Formed DELAWARE In Entity Type Principal Address Mailing Address Limited Liability Company - Out of State 23622 CALABASAS ROAD #200 CALABASAS, CA 91302 N/A Agent Individual CRISTINA AGRA-HUGHES 23622 CALABASAS ROAD #200 CALABASAS, CA 91302  Case ^c2 Document 16-2 Filed 09/25/24 @ 5 of 12 Business UCC Advanced Search Home Search Forms Help An Advanced search is required when searching for publicly traded disclosure information or a status other than active. An Advanced search allows for searching by specific entity types (e.g., Nonprofit Mutual Benefit Corporation) or by entity groups (e.g., All Corporations) as well as searching by ?begins with? specific search criteria. Disclaimer: Search results are limited to the 500 entities closest matching the entered search criteria. If your desired search result is not found within the 500 entities provided, please refine the search criteria using the Advanced search function for additional results/entities. The California Business Search is updated as documents are approved. The data provided is not a complete or certified record. Although every attempt has been made to ensure that the information contained in the database is accurate, the Secretary of State's office is not responsible for any loss, consequence, or damage resulting directly or indirectly from reliance on the accuracy, reliability, or timeliness of the information that is provided. All such information is provided "as is." To order certified copies or certificates of status, (1) locate an entity using the search; (2)select Request Certificate in the right-hand detail drawer; and (3) complete your request online. FIRST POINTE MANAGEMENT Q FIRST POINTE MANAGEMENT GROUP, LLC (201208210239) M = Request Certificate Initial 03/22/2012 Filing Date Status Standing - SOS Standing - FTB Standing - Agent Standing - VCFCF Inactive Date Terminated Good Good Good Good 06/11/2012 Limited Liability Company - Out of State 23622 CALABASAS ROAD #200 CALABASAS, CA 91302 N/A Formed DELAWARE In Entity Type Principal Address Mailing Address Agent Individual State Skip to main content Advanced CRISTINA AGRA-HUGHES 23622 CALABASAS ROAD #200 CALABASAS, CA 91302  Case ^c2 Document 16-2 Filed 09/25/24 @ 6 of 12 Business UCC Home Search FIRST POINTE MANAGEMENT GROUP, LLC (201208210239) Forms Help \u003E 03/22/2012 Terminated © 2024 CA Secretary of State Limited Liability Company - Out of State FIRST POINTE MANAGEMENT GROUP, LLC (201208210239) M = Request Certificate Initial 03/22/2012 Filing Date Status Terminated Standing Good - SOS Standing - FTB Good Standing Good - Agent Standing - VCFCF Good Inactive 06/11/2012 Date Formed DELAWARE In Entity Type Principal Address Mailing Address Agent Limited Liability Company - Out of State 23622 CALABASAS ROAD #200 CALABASAS, CA 91302 N/A Individual CRISTINA AGRA-HUGHES 23622 CALABASAS ROAD #200 CALABASAS, CA 91302  Case ^c2 Document 2 Filed 01/29/24 @ 1 of 7 AO 240 (Rev. 07/10) Application to Proceed in ~dc Without Prepaying Fees or Costs (Short Form) ~2 ~dc for the ~ed ^c and ^a ^p/Petitioner V. The Ezralow Company LLC, et al. ^df/Respondent ) ) ) Civil Action No. 2: 24-CV-00331-KJM-CKD (Ps) ) ) APPLICATION TO PROCEED IN ~dc WITHOUT PREPAYING FEES OR COSTS (Short Form) I am a ^p or petitioner in this case and declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief requested. In support of this application, I answer the following questions under penalty of perjury: 1. If incarcerated. I am being held at: If employed there, or have an account in the institution, I have attached to this document a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months for any institutional account in my name. I am also submitting a similar statement from any other institution where I was incarcerated during the last six months. 2. If not incarcerated. If I am employed, my employer's name and address are: My gross pay or wages are: $ 1182month/14189" diverr and my take-home pay or wages are: $ (specify pay period) month / Year 1182m/14, 1844 per 3. Other Income. In the past 12 months, I have received income from the following sources (check all that apply): (a) Business, profession, or other self-employment Yes No (b) Rent payments, interest, or dividends Yes No (c) Pension, annuity, or life insurance payments Yes No (d) Disability, or worker's compensation payments Yes No (e) Gifts, or inheritances Yes No (f) Any other sources Yes No If you answered "Yes" to any question above, describe below or on separate @s each source of money and state the amount that you received and what you expect to receive in the future. * FILED JAN 29 2024 CLERK, ~d BY C DEPUTY CLERK  Case ^c2 Document 2 Filed 01/29/24 @ 2 of 7 AO 240 (Rev. 07/10) Application to Proceed in ~dc Without Prepaying Fees or Costs (Short Form) 4. Amount of money that I have in cash or in a checking or savings account: $ 0.43. 5. Any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value that I own, including any item of value held in someone else's name (describe the property and its approximate value): $0 6. Any housing, transportation, utilities, or loan payments, or other regular monthly expenses (describe and provide the amount of the monthly expense): $800 rent $300 utilities misc 7. Names (or, if under 18, initials only) of all persons who are dependent on me for support, my relationship with each person, and how much I contribute to their support: 8. Any debts or financial obligations (describe the amounts owed and to whom they are payable): Declaration: I declare under penalty of perjury that the above information is true and understand that a false statement may result in a dismissal of my claims. Date: 01/29/2024 And Applicant's signature ^a Printed name  DIRECT 0541 EN Case 2:24-cv-00331-KJMPOKD Document 2 Filed 01/29/24 @ 3 of 7 Account Balance $0.43 Debit Take Direct Express® with you anywhere with our mobile banking apps available on Android and iOS. Download on the GET IT ON App Store Google Play 0541 Mastercard All of Prime, half the price. Actions Direct Express® members can access all of Amazon Prime for $6.99/month (reg. $14.99/ month). Transaction Details Get Details csv Create CSV PDF Create PDF Search Description Type description here Sort By Date Descending Transaction Period Transaction Type Jan, 2024 All Enter Summary of Fees Prior Calendar Month $0.00 Calendar Year to Date $0.00 Pending Transactions Date Transaction ID Description Amount  Case ^c2 Document 2 Filed 01/29/24 @ 4 of 7 my Social Security Andrew G. ~h Velcome, Andrew! Sign Οι Social Security Disability Insurance 'ou last signed in on July 28, 2022 at 6:58 PM ET. Your Social Security Statement You can download your statement as a PDF or an XML file. Your Benefit Verification Letter This is your proof of income letter. Replace Your Social Security Card Wage Reporting Submit Your Paystub Information Benefits and Payments Benefit Summary $1,182.94 total monthly benefit before deductions View your payment history and overpayment details Need to update your contact or direct deposit information? Go to My Profile. SSI (Disability) $1,182.94 next payment before deductions Next Payment Date: January 31, 2024 Payments are made on the 1st of every month Active Get Help  cember  Last payment: Dag&m.24-08933-KJM-CKD Document 2 Filed 01/29/24 @ 5 of 7 Monthly Benefit Amount: No deductions Last Payment Total: $1,182.94 $1,182.94 Advance Designation of Representative Payee You have the option to designate someone you trust to receive and manage your benefit payments in the event you become unable to do so yourself. Access Advance Designation of Representative Payee Q Earnings Review your full earnings record now + More Benefits Your family qualifies for Survivors Benefits. Learn more about Survivors Benefits  my Social Security Case ^c2 Document 2 Filed 01/29/24 @ 6 of 7 Andrew G. ~h Sign Οι Payment History and Overpayments Overpayments What are overpayments? You do not currently have any overpayments. Payment History Your monthly payment amount can change depending on the types of benefits you receive, as well as any adjustments in your premiums or deductions. Date Payment Type Amount 12/29/2023 SSI (Disability) $1,182.94 12/01/2023 SSI (Disability) $1,133.73 11/01/2023 SSI (Disability) $1,133.73 09/29/2023 SSI (Disability) $1,133.73 09/01/2023 SSI (Disability) $1,133.73 08/01/2023 SSI (Disability) $1,133.73 06/30/2023 SSI (Disability) $1,133.73 06/01/2023 SSI (Disability) $1,133.73 05/01/2023 SSI (Disability) $1,133.73 03/31/2023 SSI (Disability) $1,133.73 03/01/2023 SSI (Disability) $1,133.73 02/01/2023 SSI (Disability) $1,133.73 12/30/2022 SSI (Disability) $1,133.73 12/01/2022 SSI (Disability) $1,040.21 11/01/2022 SSI (Disability) $1,040.21 09/30/2022 SSI (Disability) $1,040.21 09/01/2022 SSI (Disability) $759.88 08/01/2022 SSI (Disability) $759.88 07/01/2022 SSI (Disability) $759.88  06/01/2022 SSC(Bisabilitydv-00331-KJM-CKD Document 2 Filed 01/29/24 @ 7 of 7 04/29/2022 SSI (Disability) 04/01/2022 SSI (Disability) 03/01/2022 SSI (Disability) 02/01/2022 SSI (Disability) $759.88 $759.88 $759.88 $759.88 $759.88  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 2: ~p by ^a. (Nair, C) 11/19/2024, 3:24 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 3: ~p by ^c. (Woodson, A) 11/19/2024, 3:25 AM  Case ^c2 Document 3 Filed 02/20/24 @ 1 of 3 AO 240 (Rev. 07/10) Application to Proceed in ~dc Without Prepaying Fees or Costs (Short Form) ~2 ~dc for the ~ed ^c and ^a ^p/Petitioner V. The Ezralow Company LLC, et al. ^df/Respondent FILED FEB 20 2024 CLERK, U.S. ~dc ) ~ed BY ) DEPUTY CLERK ) Civil Action No. 2:24-CV-00331 KJM CKD ) ) APPLICATION TO PROCEED IN ~dc WITHOUT PREPAYING FEES OR COSTS (Short Form) I am a ^p or petitioner in this case and declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief requested. In support of this application, I answer the following questions under penalty of perjury: 1. If incarcerated. I am being held at: If employed there, or have an account in the institution, I have attached to this document a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months for any institutional account in my name. I am also submitting a similar statement from any other institution where I was incarcerated during the last six months. 2. If not incarcerated. If I am employed, my employer's name and address are: Wilton Rancheri A 9728 Kent St. EK Grove, CA 95624 My gross pay or wages are: $3,846.15, and my take-home pay or wages are: $ 2853,25 per (specify pay period) EV TWO WEEKS 3. Other Income. In the past 12 months, I have received income from the following sources (check all that apply): (a) Business, profession, or other self-employment Yes CO (b) Rent payments, interest, or dividends Yes (c) Pension, annuity, or life insurance payments Yes (d) Disability, or worker's compensation payments Yes (e) Gifts, or inheritances Yes (f) Any other sources Yes NO NO OTHER INCOme No KNO No No No If you answered "Yes" to any question above, describe below or on separate @s each source of money and state the amount that you received and what you expect to receive in the future.  Case ^c2 Document 16-2 Filed 09/25/24 @ 7 of 12 ^x 2  FUREK KA Case ^c2 Document 16-2 Filed 09/25/24 @ 8 ofB120230704839 THE GREAT SEAL OF THE CALIFORNIA STATE OF CALIFORNIA Office of the Secretary of State STATEMENT OF INFORMATION LIMITED LIABILITY COMPANY California Secretary of State 1500 11th Street Sacramento, California 95814 (916) 653-3516 For Office Use Only -FILED- File No.: BA20230704839 Date ^f: 4/28/2023 Entity Details Limited Liability Company Name Entity No. Formed In Street Address of Principal Office of LLC Principal Address THE EZRALOW COMPANY, LLC 200112710121 DELAWARE 23622 CALABASAS RD STE 200 CALABASAS, CA 91302-1549 Mailing Address of LLC Mailing Address Attention Street Address of California Office of LLC Street Address of California Office Manager(s) or Member(s) Manager or Member Name 23622 CALABASAS RD STE 200 CALABASAS, CA 91302-1549 23622 CALABASAS RD STE 200 CALABASAS, CA 91302-1549 Manager or Member Address Marshall Ezralow as Trustee of the Ezralow Family Trust 23622 CALABASAS RD STE 200 CALABASAS, CA 91302-1549 Marshall Ezralow as Trustee of the Ezralow Marital Trust 23622 CALABASAS RD STE 200 CALABASAS, CA 91302-1549 Agent for Service of Process Agent Name Agent Address Type of Business Type of Business Email Notifications Opt-in Email Notifications Chief Executive Officer (CEO) CEO Name CRISTINA AGRA-HUGHES 23622 CALABASAS RD STE 200 CALABASAS, CA 91302 Asset Management Yes, I opt-in to receive entity notifications via email. None Entered CEO Address Labor Judgment No Manager or Member, as further defined by California Corporations Code section 17702.09(a)(8), has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal is pending, for the violation of any wage order or provision of the Labor Code. B1712-8290 04/28/2023 1:12 PM Received by California Secretary of State @ 1 of 2  Case ^c2 Document 16-2 Filed 09/25/24 @ 9 of 12 Electronic Signature By signing, I affirm under penalty of perjury that the information herein is true and correct and that I am authorized by California law to sign. Deanna Wiley Signature 04/28/2023 Date B1712-8291 04/28/2023 1:12 PM Received by California Secretary of State @ 2 of 2  Case ^c2 Document 16-2 Filed 09/25/24 @ 10 of 12 ^x 3  9/20/24, 4:13 PM Sacramento County, Accela Services Case ^c2 Document 16-2 Filed 09/25/24 @ 11 of 12 Sacramento County Citizen Access Fictitious Business Name Search Fictitious Business Name File Number: FBNF2022-03548 Filing Date: 5/5/2022 Expiration Date: 5/5/2027 Status: Filed Ownership Type: Corporation Business Name(s) on this filing FIRST POINTE MANAGEMENT GROUP Owner Name(s) on this filing WEST COAST REDEVELOPMENT, INC. Search Again Abandoned Date Withdrawn Date https://actonline.saccounty.gov/CitizenAccess/SACCO_FBNSearch.aspx 1/1  Case ^c2 Document 16-2 Filed 09/25/24 @ 12 of 12   5 PROOF OF SERVICE I, Beverly Banner, declare: I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017. 6 On September 25, 2024, I served the following document(s): 7 ^dfS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT 8 on the following parties: 9 ^c and 10 ^a 11 P.O. Box 278004 Sacramento, CA 95827 12 13 XX 14   19 Email:^e (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service."
   },
   {
     "id": 5,
     "text": "Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on September 25, 2024, at Los Angeles, California. 20 21 22 23 /s/ Beverly Banner Beverly Banner   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 PROOF OF SERVICE  Case ^c2 Document 16-3 Filed 09/25/24 @ 1 of 4 Tiffany D. Truong (SBN: 292463) 1 John Barbar (SBN: 334027) KIMBALL, TIREY & ST. JOHN LLP 2 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP 7 8 Attorneys for Specially Appearing ^dfs, (erroneously sued as First Pointe Management Group LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW 9 ~2 ~dc 10 FOR THE ~ed 11 12 Case No.: ^c2 13 ^c, et al., 14 ^ps, 15 [PROPOSED] ORDER ON ^dfS' ~m TO QUASH SERVICE OF SUMMONS AND VACATE DEFAULT VS. 16 [Filed concurrently with: 17 THE EZRALOW COMPANY, LLC, et al., 18 ^dfs. 19 20 21 Date: Time: Place: Notice of ~m; Memorandum of Points and Authorities in Support Thereof; Request for Judicial Notice Declaration of Stacey White] November 13,2024 10:00 am Courtroom 24, 8th Floor Judge: Honorable Carolyn K. Delaney 22 23 // 24 // 25 // 26 // 27 // 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT    Case ^c2 Document 16-3 Filed 09/25/24 @ 2 of 4 Specially appearing ^dfs THE EZRALOW COMPANY, LLC; FIRST POINTE MANAGEMENT GROUP (erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW ("^dfs") ~m to Quash Service of Summons and ~m to Vacate Default came before this Court for hearing on the above date and time. 5 6 7 ^p appeared by counsel | in pro per ; ^dfs appeared 8 by counsel 9 10 11 After considering the documents submitted, arguments of counsel, and upon good cause appearing to this Court, ^dfs' ~m(s) are GRANTED as follows: ^dfs' ~m to Quash service of Summons is GRANTED. ^ps shall 12 have until to effectuate proper service of their operative Complaint 13 and Summons. 14   ^dfs' ~m to Set Aside and Vacate Default entered against ^dfs FIRST POINTE MANAGEMENT GROUP (erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC) and STACEY WHITE (erroneously sued as STACY WHITE) is GRANTED due to defective service. ^ps shall have until   22 to effectuate proper service of their operative Complaint and ^ps' Summons. If ^ps do not effectuate proper service by Complaint is dismissed without prejudice. IT IS FURTHER ORDERED: 23   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 2 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT  Case ^c2 Document 16-3 Filed 09/25/24 @ 3 of 4   IT IS SO ORDERED. 4 5 Dated: 6     Honorable Kimberly J. Mueller 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 3 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 16-3 Filed 09/25/24 @ 4 of 4   5 PROOF OF SERVICE I, Beverly Banner, declare: I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017. 6 On September 25, 2024, I served the following document(s): 7 [PROPOSED] ORDER ON ^dfS' ~m TO QUASH SERVICE OF SUMMONS AND VACATE DEFAULT 8 9 on the following parties: 10 ^c and ^a 11 P.O. Box 278004 Sacramento, CA 95827 12 13 XX   Email:^e (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service. Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on September 25, 2024, at Los Angeles, California.   /s/ Beverly Banner Beverly Banner   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 PROOF OF SERVICE  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 16: AMENDED [13] ~m to QUASH by The Ezralow Company LLC. ~m Hearing set for 11/13/2024 at 10:00 AM in Courtroom 24 (CKD) before ^mj Carolyn K. Delaney. (Attachments: # (1) Declaration of Stacey White, # (2) Supplement Request for Judicial Notice, # (3) Proposed Order) (Truong, Tiffany) Modified on 9/26/2024 (Kyono, V). 11/19/2024, 3:30 AM  1 2 Case ^c2 Document 17 Filed 09/25/24 @ 1 of 4 Tiffany D. Truong (SBN: 292463) John Barbar (SBN: 334027) KIMBALL, TIREY & ST. JOHN LLP 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP 7 8 Attorneys for Specially Appearing ^dfs, (erroneously sued as First Pointe Management Group LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW 9 ~2 ~dc 10 FOR THE ~ed 11 12 Case No.: ^c2 13 ^c, et al., 14 ^ps, 15 [PROPOSED] ORDER ON ^dfS' ~m TO QUASH SERVICE OF SUMMONS AND VACATE DEFAULT VS. 16 [Filed concurrently with: 17 THE EZRALOW COMPANY, LLC, et al., 18 ^dfs. 19 20 21 Date: Time: Place: Notice of ~m; Memorandum of Points and Authorities in Support Thereof; Request for Judicial Notice Declaration of Stacey White] November 13,2024 10:00 am Courtroom 24, 8th Floor Judge: Honorable Carolyn K. Delaney 22 23 // 24 // 25 // 26 // 27 // 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 17 Filed 09/25/24 @ 2 of 4 5 6   Specially appearing ^dfs THE EZRALOW COMPANY, LLC; FIRST POINTE MANAGEMENT GROUP (erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW ("^dfs") ~m to Quash Service of Summons and ~m to Vacate Default came before this Court for hearing on the above date and time. 7 ^p appeared by counsel | in pro per ; ^dfs appeared 8 by counsel 9 10 11 After considering the documents submitted, arguments of counsel, and upon good cause appearing to this Court, ^dfs' ~m(s) are GRANTED as follows: ^dfs' ~m to Quash service of Summons is GRANTED. ^ps shall 12 have until to effectuate proper service of their operative Complaint 13 and Summons. 14   ^dfs' ~m to Set Aside and Vacate Default entered against ^dfs FIRST POINTE MANAGEMENT GROUP (erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC) and STACEY WHITE (erroneously sued as STACY WHITE) is GRANTED due to defective service. ^ps shall have until   22 to effectuate proper service of their operative Complaint and ^ps' Summons. If ^ps do not effectuate proper service by Complaint is dismissed without prejudice. IT IS FURTHER ORDERED: 23   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 2 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT  Case ^c2 Document 17 Filed 09/25/24 @ 3 of 4   IT IS SO ORDERED. 4 5 Dated: 6     Honorable Kimberly J. Mueller 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 3 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 17 Filed 09/25/24 @ 4 of 4   5 PROOF OF SERVICE I, Beverly Banner, declare: I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017. 6 On September 25, 2024, I served the following document(s): 7 [PROPOSED] ORDER ON ^dfS' ~m TO QUASH SERVICE OF SUMMONS AND VACATE DEFAULT 8 9 on the following parties: 10 ^c and ^a 11 P.O. Box 278004 Sacramento, CA 95827 12 13 XX   Email:^e (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service. Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on September 25, 2024, at Los Angeles, California.   /s/ Beverly Banner Beverly Banner   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 PROOF OF SERVICE  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 17: PROPOSED ORDER re [16] ~m to Quash by The Ezralow Company LLC. (Truong, Tiffany) Modified on 9/26/2024 (Kyono, V). 11/19/2024, 3:30 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 18: OPPOSITION by The Ezralow Company LLC to [11] ~m for Relief from Judgment. (Truong, Tiffany) 11/19/2024, 3:31 AM  Case ^c2 Document 18 Filed 09/27/24 @ 1 of 6 Tiffany D. Truong (SBN: 292463) 1 John Barbar (SBN: 334027) KIMBALL, TIREY & ST. JOHN LLP 2 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 Attorneys for Specially Appearing ^dfs, THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP, LLC; STACEY WHITE (incorrectly named as STACY WHITE); 7 CHRIS REBELLO (incorrectly named as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; 8 and BRYAN EZRALOW 9 10   ^c, et al., 14 ^ps, 15 VS. 16 17 THE EZRALOW COMPANY, LLC, et al., ^dfs. Date: Time: Place: Judge: ~2 ~dc FOR THE ~ed Case No.: ^c2 SPECIALLY APPEARING ^dfS' OPPOSITION TO ^pS' EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGMENT OR ORDER October 10.2024 10:00 AM Courtroom 24/Zoom Honorable Carolyn K. Delaney 18 19 20   25 Specially appearing¹ ^dfs THE EZRALOW COMPANY, LLC; FIRST POINTE MANAGEMENT GROUP, LLC; STACEY WHITE (incorrectly named as STACY WHITE); CHRIS REBELLO (incorrectly named as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW (the “^dfs”) hereby submit their Opposition to ^ps' Ex Parte Application for ~m for Relief from Judgment or Order. 26 27 28 KIMBALL, TIREY 1 ^dfs have filed a joint ~m to Quash service of summons and ~m to Vacate Default (ECF No. 16) and do not submit to this Court's personal jurisdiction by filing the present Opposition. & St. John Attorneys At Law Los Angeles SPECIALLY APPEARING ^dfS' OPPOSITION TO ^pS' EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGMENT OR ORDER  Case ^c2 Document 18 Filed 09/27/24 @ 2 of 6   MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION AND FACTS ^ps ^c and ^a (“^ps”) filed a complaint against the ^dfs. (See generally, ECF No. 1.) ^ps allegedly served all ^dfs on June 25, 2024, via an “agent or employee of 7 8 First Pointe Management group 7 copies of lawsuit and summons. At leasing office . . ." (See, ECF No. 7.) 9 10 11 On July 8, 2024, ^dfs sent a letter to ^ps regarding their alleged service on all seven ^dfs, notifying ^ps that ^dfs have not been properly served. (ECF No. 16 at 4:16-18; ECF No. 16-1 at ¶¶ 6.) 12 Despite improper service on ^dfs and having been notified of such, ^ps filed 13 14 15 16 their Request for Entry of Default as to all ^dfs on August 16, 2024. (ECF No. 8.) ^dfs only learned of ^ps' attempts to enter default on or about August 19, 2024, when a former employee received a copy of ^ps' Request for Entry of Default in the mail and reported it. (ECF No. 16-1 at 8.) 17   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles On August 20, 2024, this Court entered default as to FIRST POINTE MANAGEMENT GROUP, LLC and STACEY WHITE while also declining ^ps' request as to the remaining ^dfs because it was unable to determine if the summons was appropriately served on ^dfs. (See generally, ECF Nos. 9, 10.) On August 28, 2024, ^ps filed their ~m for Relief from Judgment ex parte with hearing set on October 9, 2024. (See generally, ECF No. 11.) ^ps' proof of service does not accurately indicate how service was completed and upon whom ^ps' Complaint and Summons was served. Despite ^dfs' good faith efforts to notify ^ps that they have not effected proper service on them, ^ps continue to press forward and attempt to hide this from the Court while seeking to obtain defaults on all ^dfs, necessitating ^dfs' recently filed ~ms to Quash and Vacate Default. (See generally, ECF No. 16.) 2 SPECIALLY APPEARING ^dfS' OPPOSITION TO ^pS' EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGMENT OR ORDER  Case ^c2 Document 18 Filed 09/27/24 @ 3 of 6 1 ^ps' ~m for Relief boldly argues that this Court's declination to enter default as 2 3 to all ^dfs in Dockets 9 and 10 “were made in error.” (ECF No. 11, at 2:9-12.) ^ps assert their proof of service is evidence enough to show this Court's declination to enter default 4 5 6 was a clerical mistake necessitating a ~m under Federal Rule of Civil Procedure (“FRCP”) 60(a). (Id., at 5:1-8.) Otherwise, ^ps claim they will be filing an appeal with the Ninth Circuit. (Id., at 2:13-15.)     KIMBALL, TIREY & St. John Attorneys At Law Los Angeles II. ^pS' SERVICE OF ITS COMPLAINT AND SUMMONS IS DEFECTIVE ^dfs have filed their ~m to Quash Service of the Summons and ~m to vacate the default entered against ^dfs FIRST POINTE MANAGEMENT GROUP, LLC and STACEY WHITE on the basis of ^ps' defective service. To prevent belaboring the Court with a reiteration of ^dfs' arguments previously set forth, ^dfs kindly refer the Court to its reasoning in its filed ~m. (See generally, ECF No. 16.) Because the present ex parte and ^dfs' ~ms involve the same issues of service, ^dfs propose this Court continue the hearing on this ex parte to the same date as the ~m hearing of November 13, 2024. III. NO PURPORTED ‘CLERICAL MISTAKE' EXISTS IN THIS COURT'S REJECTION OF THE DEFAULT REQUEST FRCP 60(a) provides that "[t]he court may correct a clerical mistake or a mistake arising from oversight or omission whenever, one is found in a judgment, order, or other part of the record." (Fed. R. Civ. Proc. 60(a).) “In determining whether a mistake may be corrected under Rule 60(a), 'our circuit focuses on what the court originally intended to do.” (Tattersalls Ltd. v. DeHaven, 745 F.3d 1294, 1297 (9th Cir. 2014).) “The ‘touchstone' of Rule 60(a) is 'fidelity to the intent behind the original judgment.” (Id., at 1298.) Setting aside that this Circuit's binding case law on FRCP 60(a) largely deals with clerical mistakes pertaining to judgments, ^ps suggest that the Court committed an apparent clerical mistake when entering default on ^dfs FIRST POINTE MANAGEMENT GROUP, LLC and STACEY WHITE (the “Defaulted ^dfs”) because this Court did not include all ^dfs. SPECIALLY APPEARING ^dfS' OPPOSITION TO ^pS' EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGMENT OR ORDER 3      14   19 Case ^c2 Document 18 Filed 09/27/24 @ 4 of 6 (ECF No. 11, at 4:12-16.) As a result, ^ps believe the Court's rejection of the default as to all ^dfs, presumably in ECF No. 10, is “ambiguous and problematic.” (Id., at 4:12-13.) This Court's record plainly shows that it declined to do so because the Court is "[u]nable to determine if summons was appropriately served based on the documents filed.” (ECF No. 10.) In fact, ^ps' proof of service is defective as to the parties the Court has entered default on, as described in ^dfs' ~m to Vacate Default. (See, ECF No. 16, at 8 – 12.) Thus, if there were any attributable “clerical mistake,” it would be for the Court entering default on the Defaulted ^dfs because this Court has no personal jurisdiction over them and default was entered based on either a dishonest or defective service of Summons. The Court's rejection of the default was completely valid. ^ps' ~m is premised upon the notion that they had effected proper service on all ^dfs. (See, ECF No. 11, at 5:1-8.) However, ^ps provide no documents in their ~m showing that they effected proper service warranting this Court to correct a purported ‘clerical mistake.' The only scant justifications ^ps make are: (1) their allegation that ^df STACEY WHITE told “[^p ^a] that he can serve the lawsuit directly to the Montebello Apartments Office” (ECF No. 11 at 14:1-4) and (2) that STACEY WHITE acted as "legal counsel or liaison” on behalf of the ^dfs. (ECF No. 11 at 15:10-15.) As argued in ^dfs' ~m, service on all ^dfs was improper. (ECF No. 16, at 5 – 7.) Further, the Declaration of Stacey White clearly specifies that “no one at the Premises is authorized to accept service on behalf of any of the ^dfs.” (ECF No. 16-1, at ¶ 4.) STACEY WHITE is also an asset manager for FIRST POINTE MANAGEMENT GROUP and is not a registered agent, liaison, or legal counsel for any of the ^dfs. (Id., at ¶ 1.) 20   // 25 // 26 // 27 // 28 // KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 4 SPECIALLY APPEARING ^dfS' OPPOSITION TO ^pS' EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGMENT OR ORDER  Case ^c2 Document 18 Filed 09/27/24 @ 5 of 6   IV. CONCLUSION Based on the foregoing, ^dfs request this Court deny ^ps' ~m to amend   ECF Nos. 9 and 10 to reflect an entry of default on all ^dfs under Federal Rule of Civil Procedure 60(a). ^dfs also propose this Court continue the hearing on this ex parte to November 13, 2024, in the interest of judicial economy as it involves the same set of issues and facts as ^dfs' ~m to Quash and Vacate Default set for hearing that day. 8 9 DATED: September 27, 2024 KIMBALL, TIREY & ST. JOHN, LLP 10 11 12 /s/ Tiffany Truong By: 13 Tiffany Truong, Esq. Attorneys for Specially Appearing ^dfs, THE EZRALOW COMPANY, LLC, et al. 14     KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 5 SPECIALLY APPEARING ^dfS' OPPOSITION TO ^pS' EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGMENT OR ORDER  Case ^c2 Document 18 Filed 09/27/24 @ 6 of 6   5 PROOF OF SERVICE I, Beverly Banner, declare: I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017. 6 On September 27, 2024, I served the following document(s): 7 SPECIALLY APPEARING ^dfS' OPPOSITION TO ^pS' EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGMENT OR ORDER 8 9 on the following parties: 10 ^c and ^a 11 P.O. Box 278004 Sacramento, CA 95827 12 13 XX   Email:^e (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service. Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on September 27, 2024, at Los Angeles, California.   /s/ Beverly Banner Beverly Banner   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 PROOF OF SERVICE  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [19] Minute Order served on ^c and ^a. (Kennison, L) 11/19/2024, 3:31 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 19: MINUTE ORDER issued by Courtroom Deputy, L. Kennison for Chief ^mj Carolyn K. Delaney on 10/1/2024: On the court's own ~m and for judicial economy, the ~m hearing set for 10/9/2024, as to, ^ps' [11] ~m for Relief from Judgment is RESET for 11/13/2024 at 10:00 AM via Zoom before Chief ^mj Carolyn K. Delaney. (Text Only Entry) (Kennison, L) 11/19/2024, 3:31 AM  1 2 Case ^c2 Document 20 Filed 10/16/24 @ 1 of 2   8 9 ~2 ~dc FOR THE ~ed 10 11 ^c, et al., No. ^c2 (PS) 12 ^ps, 13 ORDER V. 14 THE EZRALOW COMPANY LLC, et al., 15 ^dfs. 16 17 ^ps proceed without counsel on a fee-paid complaint seeking damages and 18 injunctive relief. (ECF No. 1.) On August 28, 2024, ^ps filed an ex parte ~m styled as a 19 20 ~m for relief from an order based on clerical mistakes. (ECF No. 11.) ^df The Ezralow Company LLC has opposed the ~m. (ECF No. 18.) 21 22 23 On September 25, 2024, ^df The Ezralow Company LLC filed an amended ~m to quash service of summons. (ECF No. 16.) ^ps did not file a timely opposition to the ~m to quash service of summons. See Local Rule 230(c). 24 ^ps' failure to timely file an opposition or statement of non-opposition to the ~m   to quash service of summons violates Local Rule 230(c). However, the court will provide ^ps with a further opportunity to respond to the pending ~m within 14 days after service of this order. ^ps are cautioned that any further failure to respond will be construed as their non-opposition to the ~m which could also constitute grounds for dismissal of this case. 1  Case ^c2 Document 20 Filed 10/16/24 @ 2 of 2 Local Rule 230(c) states "[n]o party will be entitled to be heard in opposition to a ~m   at oral arguments if opposition to the ~m has not been timely filed by that party...." Accordingly, the hearing set for November 13, 2024, on ^df's ~m to quash is vacated. After the conclusion of briefing, the ~m will be submitted for decision on the record and 5 6 written briefing. Separately, the court finds ^ps' ~m for relief from an order based on clerical mistakes is suitable for decision without oral argument under Local Rule 230(g). If the 7 court subsequently determines that oral argument would be beneficial for either ~m, the 8 parties will be notified accordingly. 9 In accordance with the above, IT IS ORDERED as follows: 10 1. 11 12 The hearing on ^ps' ~m for relief from an order reset to take place on November 13, 2024, and the hearing on ^df's ~m to quash set to take place on November 13, 2024, are both VACATED. 13 14 2.   ^ps shall file a written opposition (or a statement of non-opposition) to the ~m to quash within 14 days after service of this order. Failure to do so will be deemed a statement of non-opposition and consent to the granting of the ~m and may also constitute a ground for the imposition of appropriate sanctions, including a recommendation that ^ps' case be involuntarily dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 19 3. 20 ^df may file a written reply to any opposition filed by ^p within 10 days of ^p's filing. The court will take the pending ~ms under 21 22 Dated: October 16, 2024 23 24 submission upon conclusion of this briefing schedule. Carch 1. Delay CAROLYN K. DELANEY ~2 ^mj 25 26 8 doug24cv0031.nooppo 27 28 2  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 20: ORDER signed by ^mj Carolyn K. Delaney on 10/16/2024 VACATING the ~m hearing set for 11/13/2024; DIRECTING ^ps to file an opposition or a statement of non-opposition within 14 days; ^df may file reply within 10 days of ^p's filing. (Becknal, R.) 11/19/2024, 3:32 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 21: ~m to STAY pending Default and Proposed Order by ^ps. ~m Hearing set for 11/13/2024 at 10:00 AM in Courtroom 24/Zoom (CKD) before ^mj Carolyn K. Delaney. (Becknal, R.) 11/19/2024, 3:32 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 20: ORDER signed by ^mj Carolyn K. Delaney on 10/16/2024 VACATING the ~m hearing set for 11/13/2024; DIRECTING ^ps to file an opposition or a statement of non-opposition within 14 days; ^df may file reply within 10 days of ^p's filing. (Becknal, R.) 11/19/2024, 3:33 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [20] Order served on ^c, ^a. (Becknal, R.) 11/19/2024, 3:32 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 21: ~m to STAY pending Default and Proposed Order by ^ps. ~m Hearing set for 11/13/2024 at 10:00 AM in Courtroom 24/Zoom (CKD) before ^mj Carolyn K. Delaney. (Becknal, R.) 11/19/2024, 3:33 AM  Case ^c2 Document 21 Filed 10/30/24 @ of 7 FILED OCT 30 2024 CLERK, ~d GY 1 2 SACRAMENTO CA, 95827 (916)-365-5434 3 ^c AND ^a P.O. BOX 278004 ^e 4 ^c AND ^a, IN PRO PER   ^c6 11 ^c AND 12 ^a, 13 ^ps, 14     V. CEPUTY CLERK Case No. 2:24-CV-00331 KJM-CKD EX PARTE APPLICATION FOR ~m TO STAY ALL PROCEEDINGS AND ~mS – PENDING HIGHER JUDICIAL OVERSIGHT IN THE DETERMINATION OF DEFAULT STATUS, RESOLUTION OF CROSS-CLAIM, RECUSAL AND REASSIGNMENT OF ^mj & FILING OF ~3 I. ~~toc~ THE EZRALOW COMPANY LLC, FIRST POΙΝΤΕ II. NOTICE OF ~m III. EXPARTE APPLICATION IV. MEMORANDUM OF POINTS AND AUTHORITIES... MANAGEMENT GROUP LLC, V. DECLARATION IN SUPPORT OF EX PARTE APPLICATION AND MOΤΙΟΝ... VI. PROPOSED ORDER STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. ACTIVE CROSS-CLAIM ON THIS CASE This case has been claimed in another action ^avu Case No. 2:24-CV- II. NOTICE OF EX PARTE ~m FOR RELIEF FROM JUDGEMENT OR ORDER FRCP Rule 60(a) ---- Relief From Judgment or Order DATE: NOVEMBER 13TH, 2024 TIME: 10:00 AM LOCATION: Courtroom 24 / Zoom JUDGE: Carolyn K. Delaney DOUGLAS V. THE EZRALOW COMPANY LLC -- ~m TO STAY ALL PROCEEDINGS @ 1    7 Case ^c2 Document 21 Filed 10/30/24 @ 2 of 7 III. EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGEMENT OR ORDER - INSUFFICIENT NOTICE We are moving in Ex Parte because – the party has not responded to us in writing and we never consented to electronic notice. See FRCP Below. Rule 5. Serving and Filing Pleadings and Other Papers Primary tabs (a) Service: When Required.   (1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party:   14   "Subparagraph (D) of Rule 5(b)(2) is new. It authorizes service by electronic means or any other means, but only if consent is obtained from the person served. The consent must be express, and cannot be implied from conduct. Early experience with electronic filing as authorized by Rule 5(d) is positive, supporting service by electronic means as well. Consent is required, however, because it is not yet possible to assume universal entry into the world of electronic communication." Rule 5 (b)(2)(E) states; (E) "sending it to a registered user by filing it with the court's electronic- 18 19 filing system or sending it by other electronic means that the person consented to in writing" 20   We are not Registered users with ECF system, nor have we ~med as of yet to utilize ECF. Neither myself ^a, nor my mother, ^c have at any point meet nor conferred with ^dfs or their attorney and we have had no knowledge of this besides the Court order issued by ^mj CKD, 25 ### MINUTE ORDER ### Full docket text for document 20: 26 ORDER signed by ^mj Carolyn K. Delaney on 10/16/2024 VACATING the ~m 27 hearing set for 11/13/2024; DIRECTING ^ps to file an opposition or a statement of non-opposition 28 within 14 days; ^df may file reply within 10 days of ^p's filing. (Becknal, R.) DOUGLAS V. THE EZRALOW COMPANY LLC – ~m TO STAY ALL PROCEEDINGS @ 2  Case ^c2 Document 21 Filed 10/30/24 @ 3 of 7     14 We are moving in Ex Parte, and by emergency, requesting November 13th, 2024 or the NEXT CALENDAR DATE AVAILABLE. WE ARE REQUESTING THAT THE COURT MUST STAY ANY ~m BY ANY PARTY OTHER THAN THE COURT OR THE ^p-ON THE GROUNDS THAT DETERMINING THE DEFAULT STATUS OF THE ^dfS-DETERMINES EVERY BIT OF RESPONSE AND ACTIONS TAKEN FROM OURSELVES, THE ^pS. IN OTHER WORDS THE COURT MUST STAY ANY ~m OR PROCEEDING THAT IS NOT INITIATED BY THE ^pS, SO AS TO NOT FURTHER COMPLICATE THESE PROCEEDINGS AND OUR OVERALL APPLICATION FOR JUDICIAL RELIEF. I ^a HAVE FILED A COMPLAINT AGAINST THE ~1- CROSS-CLAIM IS THEREFORE PENDING RESOLUTION, AS WELL AS THE FILLING OF THE ~3 TO WITHHOLD PAYMENTS OF RENT TO FIRST POINTE MANAGEMENT GROUP WITHOUT BEING HARASSED OR INTIMIDATED OR TO THREATED MY MOTHERS CREDIT, AS WELL AS ALLOW HER TO QUIT THE LEASE, TO PROCURE BETTER 15 16 LIVING SITUATIONS FOR US SHE WILL BE GRANTED 90 DAYS OR MORE TO OCCUPY ACCESS OR ENJOY THE 17 FACILITIES HOWEVER, WHEREIN' SHE WAS A TENANT NOT TO EXCEED 14 MONTHS. PAYMENTS WITHELD BY ANDREW 18 GRANT ~h AND ^c WILL NOT EXCEED 14 MONTHS. 19 THEREFORE PENDING THE RESOLUTION OF THIS AND THE RECUSAL AND REASSIGNMENT OF THE MAGISTRATE 20 JUDGE-THIS COURT MUST STAY ANY PROCEEDING THAT IS NOT RELATED TO THESE PENDING LEGAL TRANSACTIONS. 21 22 23 10.3029 Der 24 DATE 25 26 ^c ^p IN PRO PER 10.30-24 27 DATE 28 ^a ^p IN PRO PER DOUGLAS V. THE EZRALOW COMPANY LLC – ~m TO STAY ALL PROCEEDINGS @ 3  1 Case ^c2 Document 21 Filed 10/30/24 @ 4 of 7 IV. MEMORANDUM OF POINTS AND AUTHORITIES 2 3 Rule 8. Stay or Injunction Pending Appeal 4 Primary tabs 5 (a) ~m for Stay. 6 7 (1) Initial ~m in the ~dc. A party must ordinarily move first in the ~dc for the following relief: 8 (A) a stay of the judgment or order of a ~dc pending appeal; 9 (B) approval of a bond or other security provided to obtain a stay of judgment; or 10 (C) an order suspending, modifying, restoring, or granting an injunction while an appeal is 11 pending. 12 13 14 15 10-30-24 16 DATE 17 ^c ^p IN PRO PER 10-30-24 18 19 20 DATE 21 ^a ^p IN PRO PER 22 23   DOUGLAS V. THE EZRALOW COMPANY LLC – ~m TO STAY ALL PROCEEDINGS @ 4  1 2 Case ^c2 Document 21 Filed 10/30/24 @ 5 of 7 V. DECLARATION IN SUPPORT OF EX PARTE APPLICATION AND ~m     11 We, the ^ps, must swiftly write this declaration as the time is closing, for the window that we have to provide this application to the court. We simply affirm that we have acted with due diligence in respect to researching, and executing, court procedures thus far. We affirm that all the statements in this document are sufficient to reflect the need, and purpose for this ~m, without pre-emptively forecasting any arguments, or minimally, so as to not complicate procedure moving forward. In closing we would like to express our appreciation to the clerks, and we understand that this is a complicated, and complex situation, but we have, with diligence exercised all care and precision in our execution of court procedures, with regards to our best interests and with regards to our interactions, and contracts and verbal contracts, that we have made with the ^df(s).   We hereby declare, certify, verify, and state, under penalty of perjury, under the laws of the Unites States of America that the foregoing is true and correct. 10.30-24 18 19 DATE 20 21 10.3024 22 23 DATE AD ^c ^p IN PRO PER Auth ^a   ^p IN PRO PER DOUGLAS V. THE EZRALOW COMPANY LLC - ~m TO STAY ALL PROCEEDINGS @ 5    Case ^c2 Document 21 Filed 10/30/24 @ 6 of 7 ^c AND ^a ~pa, 95827 (916)-365-5434 ^e 4 ^c AND ^a, IN PRO PER 5 6 7 8 9 ^c6 10 11 ^c AND Case No. 2:24-CV-00331 KJM-CKD 12 ^a, ^ps, 13 14 15 V. 16 17 THE EZRALOW COMPANY LLC,   22 23 FIRST POΙΝΤΕ MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. 24 25 ACTIVE CROSS-CLAIM ON THIS CASE 26 This case has been claimed in another action 27 28 ^avu Case No. 2:24-CV- [PROPOSED ORDER] EX PARTE APPLICATION FOR ~m TO STAY ALL PROCEEDINGS AND ~mS - PENDING HIGHER JUDICIAL OVERSIGHT IN THE DETERMINATION OF DEFAULT STATUS, RESOLUTION OF CROSS-CLAIM, RECUSAL AND REASSIGNMENT OF ^mj & FILING OF ~3 DOUGLAS V. THE EZRALOW COMPANY LLC – ~m TO STAY ALL PROCEEDINGS @ 6  Case ^c2 Document 21 Filed 10/30/24 @ 7 of 7   IT IS ORDERED THAT; ALL ~mS OR PROCEEDINGS NOT EXECUTED BY THE ^p OR THE COURT, ARE STAYED UNTIL FURTHER NOTICE. ADVERSE PARTIES MAY FILE RESPONSES BUT NO HEARINGS WILL BE SCHEDULED UNTIL RESOLUTION OF THE FOLLOWING ; 5 6 (ANY ASSOCIATED PAPERWORK WILL BE FILED OCTOBER 31 2024) 7 PENDING HIGHER JUDICIAL OVERSIGHT IN THE DETERMINATION OF DEFAULT STATUS, 8 RESOLUTION OF CROSS-CLAIM, 9 RECUSAL AND REASSIGNMENT OF ^mj 10 & FILING OF ~3 11 12 IT IS ORDERED THAT; TO THE CLERK OF THE COURT, 13 ~2 ~dc, ~ed, 14 In regards to Case No. 2:24-CV-00331 KJM-CKD, TO NOTIFY ADVERSE PARTIES OF 15 STAY OF ALL PROCEEDINGS AND ~mS, UNTIL FURTHER NOTIFIED BY MAIL. 16 17   22 23 Lastly, ^ps are granted leave by the court, or allowed to waive service and notice of this ~m upon the ^dfs, pursuant to FRCP Rule 5(a)(2) which reads; (2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4. 24 25 26 IT IS SO ORDERED. 27 DATED: 28 HONROABLE Carolyn K. Delaney DOUGLAS V. THE EZRALOW COMPANY LLC – ~m TO STAY ALL PROCEEDINGS @ 7  Case ^c2 Document 22 Filed 10/30/24 @ 1 of 10 FILED 1 ^c AND ^a P.O. BOX 278004 OCT 30 2024 2 SACRAMENTO CA, 95827 (916)-365-5434 CLERK, U.S. ~dc 3 ^e ~ed BY 4 ^c AND ^a, IN PRO PERY DEPUTY CLERK 5 6 7 ^c6   11 ^c AND Case No. 2:24-CV-00331 KJM-CKD 12 ^a, 13 ^ps, 14     V. EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGEMENT OR ORDER I. ~~toc~ II. III. IV. V. NOTICE OF ~m ... EXPARTE APPLICATION MEMORANDUM OF POINTS AND AUTHORITIES... DECLARATION IN SUPPORT OF EX PARTE APPLICATION AND ~m... PROPOSED ORDER THE EZRALOW COMPANY LLC, FIRST POΙΝΤΕ MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. ACTIVE CROSS-CLAIM ON THIS CASE This case has been claimed in another action ^avu Case No. 2:24-CV2988 DIG-AC (PS) VI. II. NOTICE OF EX PARTE ~m FOR RELIEF FROM JUDGEMENT OR ORDER FRCP Rule 60(a) Relief From Judgment or Order DATE: NOVEMBER 13TH, 2024 TIME: 10:00 AM LOCATION: Courtroom 24 / Zoom JUDGE: Carolyn K. Delaney DOUGLAS V. THE EZRALOW COMPANY LLC - ~m TO STAY ALL PROCEEDINGS @ 1    Case ^c2 Document 22 Filed 10/30/24 @ 2 of 10 III. EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGEMENT OR ORDER – INSUFFICIENT NOTICE We are moving in Ex Parte because - the party has not responded to us in writing and we never consented to electronic notice. See FRCP Below. Rule 5. Serving and Filing Pleadings and Other Papers Primary tabs 7 8 (a) Service: When Required. 9 10 11 (1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party: 12 13 14 "Subparagraph (D) of Rule 5(b)(2) is new. It authorizes service by electronic means or any other means, but only if consent is obtained from the person served. The consent must be express, and cannot be implied from conduct. Early experience with electronic filing as authorized by Rule 5(d) is positive, supporting service by electronic means as well. Consent is required, however, because it is not yet possible to assume universal entry into the world of electronic communication." Rule 5 (b)(2)(E) states; (E) "sending it to a registered user by filing it with the court's electronic-   19 filing system or sending it by other electronic means that the person consented to in writing" 20 21 We are not Registered users with ECF system, nor have we ~med as of yet to utilize ECF. 22 23 24 Neither myself ^a, nor my mother, ^c have at any point meet nor conferred with ^dfs or their attorney and we have had no knowledge of this besides the Court order issued by ^mj CKD, 25 ### MINUTE ORDER ### Full docket text for document 20: 26 ORDER signed by ^mj Carolyn K. Delaney on 10/16/2024 VACATING the ~m 27 hearing set for 11/13/2024; DIRECTING ^ps to file an opposition or a statement of non-opposition 28 within 14 days; ^df may file reply within 10 days of ^p's filing. (Becknal, R.) DOUGLAS V. THE EZRALOW COMPANY LLC – ~m TO STAY ALL PROCEEDINGS @ 2  Case ^c2 Document 22 Filed 10/30/24 @ 3 of 10     We are moving in Ex Parte, and by emergency, requesting November 13th, 2024 or the NEXT CALENDAR DATE AVAILABLE. WE ARE REQUESTING THAT THE COURT MUST STAY ANY ~m BY ANY PARTY OTHER THAN THE COURT OR THE ^p-ON THE GROUNDS THAT DETERMINING THE DEFAULT STATUS OF THE ^dfS-DETERMINES EVERY BIT OF RESPONSE AND ACTIONS TAKEN FROM OURSELVES, THE ^pS. IN OTHER WORDS THE COURT MUST STAY ANY ~m OR PROCEEDING THAT IS NOT INITIATED BY THE ^pS, SO AS TO NOT FURTHER COMPLICATE THESE PROCEEDINGS AND OUR OVERALL APPLICATION FOR JUDICIAL RELIEF. I ^a HAVE FILED A COMPLAINT AGAINST THE ~1- CROSS-CLAIM IS THEREFORE PENDING RESOLUTION, AS WELL AS THE FILLING OF THE ~3 TO WITHHOLD PAYMENTS OF RENT TO FIRST POINTE MANAGEMENT GROUP 14 WITHOUT BEING HARASSED OR INTIMIDATED OR TO THREATED MY MOTHERS 15 CREDIT, AS WELL AS ALLOW HER TO QUIT THE LEASE, TO PROCURE BETTER 16 LIVING SITUATIONS FOR US SHE WILL BE GRANTED 90 DAYS OR MORE TO OCCUPY ACCESS OR ENJOY THE 17 FACILITIES HOWEVER, WHEREIN' SHE WAS A TENANT NOT TO EXCEED 14 MONTHS. PAYMENTS WITHELD BY ANDREW 18 GRANT ~h AND ^c WILL NOT EXCEED 14 MONTHS. 19 THEREFORE PENDING THE RESOLUTION OF THIS AND THE RECUSAL AND REASSIGNMENT OF THE MAGISTRATE 20 JUDGE-THIS COURT MUST STAY ANY PROCEEDING THAT IS NOT RELATED TO THESE PENDING LEGAL TRANSACTIONS.   we need Relief from the Related order to Respond to the Adverse Parby as we have not been "Served - Nor have we consented to E file DOUGLAS V. THE EZRALOW COMPANY LLC - ~m TO STAY ALL PROCEEDINGS @ 3        21 22 Case ^c2 Document 22 Filed 10/30/24 @ 4 of 10 23 10-30-24 24 DATE 25 10-30-24 26 27 DATE 28 ^c PLAINTIEF IN PRO PER ^a ^p IN PRO PER DOUGLAS V. THE EZRALOW COMPANY LLC – ~m TO STAY ALL PROCEEDINGS @ 4  1 Case ^c2 Document 22 Filed 10/30/24 @ 5 of 10 IV. MEMORANDUM OF POINTS AND AUTHORITIES 2 3 Rule 8. Stay or Injunction Pending Appeal 4 Primary tabs 5 (a) ~m for Stay. 6 7 (1) Initial ~m in the ~dc. A party must ordinarily move first in the ~dc for the following relief: (A) a stay of the judgment or order of a ~dc pending appeal; 8 9 (B) approval of a bond or other security provided to obtain a stay of judgment; or 10 (C) an order suspending, modifying, restoring, or granting an injunction while an appeal is 11 pending. 12 13   21 22 23 10-30-24 DATE 10-30-24 24 25 DATE 26 Сальов ^c ^p IN PRO PER селе ^a ^p IN PRO PER 27 28 DOUGLAS V. THE EZRALOW COMPANY LLC – ~m TO STAY ALL PROCEEDINGS @ 5  1 2 Case ^c2 Document 22 Filed 10/30/24 @ 6 of 10 V. DECLARATION IN SUPPORT OF EX PARTE APPLICATION AND ~m     11 We, the ^ps, must swiftly write this declaration as the time is closing, for the window that we have to provide this application to the court. We simply affirm that we have acted with due diligence in respect to researching, and executing, court procedures thus far. We affirm that all the statements in this document are sufficient to reflect the need, and purpose for this ~m, without pre-emptively forecasting any arguments, or minimally, so as to not complicate procedure moving forward. In closing we would like to express our appreciation to the clerks, and we understand that this is a complicated, and complex situation, but we have, with diligence exercised all care and precision in our execution of court procedures, with regards to our best interests and with regards to our interactions, and contracts and verbal contracts, that we have made with the ^df(s).     DOUGLAS V. THE EZRALOW COMPANY LLC – ~m TO STAY ALL PROCEEDINGS @ 6      14 15 16 Case ^c2 Document 22 Filed 10/30/24 @ 7 of 10 17 18 We hereby declare, certify, verify, and state, under penalty of perjury, under the laws of 19 the Unites States of America that the foregoing is true and correct. 20 21 22 10.30.24 DATE 23   10-3024 DATE ^c ^p IN PRO PER and ^a ^p IN PRO PER DOUGLAS V. THE EZRALOW COMPANY LLC - ~m TO STAY ALL PROCEEDINGS @ 7    Case ^c2 Document 22 Filed 10/30/24 @ 8 of 10 5 ^c AND ^a P.O. BOX 278004 6 SACRAMENTO CA, 95827 (916)-365-5434 7 ^e 8 ^c AND ^a, IN PRO PER 9 10   14     ^c6 Order Relier for order DOUGLAS V. THE EZRALOW COMPANY LLC - ~m TO STAY ALL PROCEEDINGS @ 8  Case ^c2 Document 22 Filed 10/30/24 @ 9 of 10 1 2 ^c AND Case No. 2:24-CV-00331 KJM-CKD 3 4 ^a, ^ps, [PROPOSED ORDER] EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGEMENT OR ORDER   12 13 V. THE EZRALOW COMPANY LLC, FIRST POΙΝΤΕ MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. 14 15 16 ACTIVE CROSS-CLAIM ON THIS CASE 17 This case has been claimed in another action 18 ^avu 19 Case No. 2:24-CV- 20 21 22 23 IT IS ORDERED THAT; ALL ~mS OR PROCEEDINGS NOT EXECUTED BY THE ^p OR THE COURT, ARE STAYED UNTIL FURTHER NOTICE. ADVERSE PARTIES MAY FILE RESPONSES BUT NO HEARINGS WILL BE SCHEDULED UNTIL RESOLUTION OF THE FOLLOWING; 24 25 (ANY ASSOCIATED PAPERWORK WILL BE FILED OCTOBER 31 2024) 26 PENDING HIGHER JUDICIAL OVERSIGHT IN THE DETERMINATION OF DEFAULT STATUS, 27 RESOLUTION OF CROSS-CLAIM, 28 RECUSAL AND REASSIGNMENT OF ^mj DOUGLAS V. THE EZRALOW COMPANY LLC -- ~m TO STAY ALL PROCEEDINGS @ 9  Case ^c2 Document 22 Filed 10/30/24 @ 10 of 10 1. & FILING OF ~3 2 3 IT IS ORDERED THAT; TO THE CLERK OF THE COURT, 4 ~2 ~dc, ~ed, 5 In regards to Case No. 2:24-CV-00331 KJM-CKD, TO NOTIFY ADVERSE PARTIES OF 6 STAY OF ALL PROCEEDINGS AND ~mS, UNTIL FURTHER NOTIFIED BY MAIL. 7   11 1.2 Lastly, ^ps are granted leave by the court, or allowed to waive service and notice of this ~m upon the ^dfs, pursuant to FRCP Rule 5(a)(2) which reads; (2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4. 13 14   IT IS SO ORDERED. 18 DATED: 19 20   HONROABLE Carolyn K. Delaney DOUGLAS V. THE EZRALOW COMPANY LLC – ~m TO STAY ALL PROCEEDINGS @ 10  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 22: ~m for RELIEF FROM JUDGMENT and Proposed Order by ^ps. ~m Hearing set for 11/13/2024 at 10:00 AM in Courtroom 24 (CKD)/Zoom before ^mj Carolyn K. Delaney. (Becknal, 11/19/2024, 3:35 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 23: ~m to STAY pending Default and Proposed Order by ^ps. ~m Hearing set for 11/13/2024 at 10:00 AM in Courtroom 24/Zoom (CKD) before ^mj Carolyn K. Delaney. (Becknal, R.) 11/19/2024, 3:36 AM  Case ^c2 Document 23 Filed 10/31/24 @ 1 of 13 FILED 1 ^c AND ^a P.O. BOX 278004 2 SACRAMENTO CA, 95827 OCT 31 2024 (916)-365-5434 3 ^e CLERK, ~d 4 ^c AND ^a, IN PRO PER DEPUTY CLERK 5 6 7 8 9 ^c6 10 11 ^c AND Case No. 2:24-CV-00331 KJM-CKD 12 ^a, 13 ^ps, 14 EX PARTE APPLICATION FOR ~m TO STAY ALL PROCEEDINGS AND ~mS - PENDING HIGHER JUDICIAL OVERSIGHT IN THE DETERMINATION OF DEFAULT STATUS, RESOLUTION OF CROSS-CLAIM, RECUSAL AND REASSIGNMENT OF ^mj &     V. THE EZRALOW COMPANY LLC, FIRST POΙΝΤΕ MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. ACTIVE CROSS-CLAIM ON THIS CASE This case has been claimed in another action; ~h V."
   },
   {
     "id": 6,
     "text": "~1 Case No. ^c3 FILING OF ~3 I. II. III. IV. V. VI. ~~toc~ NOTICE OF ~m EXPARTE APPLICATION MEMORANDUM OF POINTS AND AUTHORITIES... DECLARATION IN SUPPORT OF EX PARTE APPLICATION AND ~m PROPOSED ORDER II. NOTICE OF EX PARTE MOΤΙΟΝ ΤΟ STAY ALL PROCEEDINGS FRCP Rule Rule 8. Stay or Injunction Pending Appeal DATE: NOVEMBER 13TH, 2024 TIME: 10:00 AM LOCATION: Courtroom 24 / Zoom JUDGE: Carolyn K. Delaney DOUGLAS V. EZRALOW ~m FOR TO STAY ALL PROCEEDINGS @ 1  Case ^c2 Document 23 Filed 10/31/24 @ 2 of 13   11 III. EX PARTE APPLICATION FOR ~m TO STAY ALL PROCEEDINGS – WE HAVE NOT BEEN SERVED OR MAILED ANY RESPONSIVE PLEADINGS - NOR HAVE WE CONSENTED TO DIGITAL NOTICE We are moving in Ex Parte, and by emergency, requesting November 13th, 2024 or the NEXT CALENDAR DATE AVAILABLE. ADDITIONALLY THIS ~m IS TO SUCCEED THE ~m OF THE SAME NAME / TYPE FILED 10/30/24 We are moving in Ex Parte, because of the emergencies caused by ^mj Carolyn K. Delaney [hereinafter as CKD], in issuing an illegal court order, after she has undermined our fifth amendment rights to due process, derailing our attempt to appeal to the court in a diligent and orderly fashion, when she illegally vacated an appeal, or the only way for us to appeal before being forced into the Ninth Circuit. We followed the due process to address an unacceptable and illegal order issued by 12 this court [see Document 11 of the Docket]. We will not respond to the adverse party's pleadings while 13   21 22 23   they are in default, and much less when we have never spoken to this Attorney, and we have never at any time given express consent, neither implied consent, nor any manner of consent, nor insinuation, or hint, or idea of consent or that it is acceptable for us to receive Electronic Notice. We will respond to a properly served pleading-AFTER our appeal has been resolved and this court or a higher court determines that all ^dfs are properly placed in default as per FRCP 55. It is absolutely unacceptable, and illegal for the court to shield an adverse party that had [essentially] three opportunities to respond via the judicial process. Instead, we receive an order by mail from ^mj CKD-ordering us to respond to some unknown pleadings that we haven't been served. Imagine our astonishment when the ^mj is essentially responding for the Defense; whilst they are 120(?)+ days in Default, and have had luxurious opportunities to utilize the system, and haven't even managed to hurdle basic procedural processes. Imagine our astonishment when Judge CKD is essentially responding for them and immediately displaying bias, to cover up the question of our appeal [docket item 11], and create a smoke screen, a red herring distraction, the complete destruction of or right to due process; means whilst we have not received any formal and legal 28 judicial communication from anyone on the defense, neither them, nor their attorney. DOUGLAS V. EZRALOW ~m FOR TO STAY ALL PROCEEDINGS @ 2  Case ^c2 Document 23 Filed 10/31/24 @ 3 of 13   We will not however, respond to the default party, nor be intimidated to respond, nor coerced, nor deceived, neither forced to respond to the default party; we have no voicemails, or text messages or any known or documented attempt of the adverse party, manifesting any attempt or desire to schedule a meet and confer; neither have we been contacted to participate or schedule any initial conference. 5 6 WE HAVE NOT SPOΚΕΝ ΤΟ THEIR ATTORNEY NEITHER HAVE WE HAD ANY EXTRAJUDICIAL COMMUNICATION WITH ANY OF THE DEFENDENTS SINCE COMMENCEMENT OF THIS ACTION. WE DO NOT RESPECT OR RECOGNIZE ANY 7   FORM OF NOTICE OR SERVICE OF PROCESS BESIDES DIRECTLY TO OUR P.O. BOX AS CAPTIONED—THERE HAS NOT AT ANY TIME BEEN GIVEN AN INSINUATION OR EVEN A FAINT ALLUSION THAT WE WILL ACCEPT ANY OFFICIAL RESPONSE OR LEGAL CORRESPONDENCE ASIDE FROM DOCUMENTS SENT TO OUR P.O. BOX.       25 26 Rule 5. Serving and Filing Pleadings and Other Papers Primary tabs (a) Service: When Required. (1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party: "Subparagraph (D) of Rule 5(b)(2) is new. It authorizes service by electronic means or any other means, but only if consent is obtained from the person served. The consent must be express, and cannot be implied from conduct. Early experience with electronic filing as authorized by Rule 5(d) is positive, supporting service by electronic means as well. Consent is required, however, because it is not yet possible to assume universal entry into the world of electronic communication." Rule 5 (b)(2)(E) states; (E) "sending it to a registered user by filing it with the court's electronic-filing system or sending it by other electronic means that the person consented to in writing" 27 28 NEXT @ DOUGLAS V. EZRALOW ~m FOR TO STAY ALL PROCEEDINGS @ 3  Case ^c2 Document 23 Filed 10/31/24 @ 4 of 13   5 We are not Registered users with ECF system, nor have we ~med as of yet to utilize ECF. Neither myself ^a, nor my mother, ^c have at any point scheduled or been invited to any meet and confer with ^dfs or their attorney, and we have had no knowledge of this besides the Court order issued by ^mj CKD, which we received in our P.O. Box. 6 7 WE ARE SEEKING RELIEF FROM THIS ORDER;   ### MINUTE ORDER ### Full docket text for document 20: "ORDER signed by ^mj Carolyn K. Delaney on 10/16/2024 VACATING the ~m hearing set for 11/13/2024; DIRECTING ^ps to file an opposition or a statement of non-opposition 11 within 14 days; ^df may file reply within 10 days of ^p's filing. (Becknal, R.)”   18 19 WE ARE REQUESTING THAT THE COURT MUST STAY ANY ~m BY ANY PARTY OTHER THAN THE COURT OR THE ^p-ON THE GROUNDS THAT DETERMINING THE DEFAULT STATUS OF THE ^dfS AND DETERMINING WHY THE COURT UNDERMINED OUR RIGHT TO DUE PROCESS, AND HAS TRIED TO FORCE US INTO RESPONDING TO SOME PLEADINGS THAT WE HAVE NOT BEEN NOTICED OF THE APPEAL, WHICH WE HAD SCHEDULED [SEE DOCUMENT 11 OF THE DOCKET], ACCORDING TO DUE DILIGENCE AND DUE PROCESS; THAT APPEAL 20 PROCESS AND THE RESOLUTION OF THAT APPEAL, DETERMINES EVERY BIT OF   RESPONSE AND ACTIONS TAKEN HENCEFORTH BY OURSELVES, THE ^pS. IN OTHER WORDS, THE COURT MUST STAY ANY ~m OR PROCEEDING THAT IS NOT INITIATED BY THE ^pS, SO AS TO NOT FURTHER COMPLICATE THESE PROCEEDINGS AND OUR OVERALL APPLICATION FOR JUDICIAL RELIEF. 25 26 27 NEXT @ 28 DOUGLAS V. EZRALOW ~m FOR TO STAY ALL PROCEEDINGS @ 4  Case ^c2 Document 23 Filed 10/31/24 @ 5 of 13     14   I ^a HAVE FILED A COMPLAINT AGAINST THE ~1- & CROSS-CLAIM IS THEREFORE PENDING RESOLUTION, AS WELL AS THE FILLING OF THE ~3 TO WITHHOLD PAYMENTS OF RENT TO FIRST POINTE MANAGEMENT GROUP WITHOUT BEING HARASSED OR INTIMIDATED; OR TO THREATEN MY MOTHER'S CREDIT. FURTHERMORE WE ARE PLEADING IN THE INJUNCTION THAT SHE WILL BE ABLE TO QUIT THE LEASE, [Which they already offered us in writing, saying it was a "reasonable accommodation" oddly enough, yet they were incapable of making any other reasonable accommodation despites me witnessing a shooting, living in a bayou of black mold, and being trapped in a situation where there is domestic violence outbursts nearly daily for 14 months. They also ended up evicting those tenants. The documentation provided will more than satisfy the demands to issue an injunction for relief, based on breaches of quiet enjoyment. MY MOTHER WILL NEED TO QUIT THE LEASE; TO PROCURE A BETTER LIVING SITUATIONS FOR US – SHE WILL BE GRANTED 90 DAYS OR MORE TO OCCUPY, ACCESS, OR ENJOY THE FACILITIES, WHEREIN' SHE WAS A TENANT, HOWEVER NOT TO EXCEED 14 MONTHS. PAYMENTS WITHELD BY ^a AND ^c AND WILL NOT EXCEED 14 MONTHS. 19 20 21 22 THEREFORE, PENDING THE RESOLUTION OF THIS AND THE RECUSAL AND REASSIGNMENT OF THE ^mj Carolyn K. Delaney -THIS COURT MUST STAY ANY PROCEEDING THAT ARE NOT RELATED TO THESE PENDING LEGAL TRANSACTIONS. 23 None of my comments (^a) should be construed as a response to any 24 25 26 of the pleadings, from the defense, as we have not yet been served any responsive judicial communications. 27 28 NEXT @ DOUGLAS V. EZRALOW ~m FOR TO STAY ALL PROCEEDINGS @ 5  1 2 Case ^c2 Document 23 Filed 10/31/24 @ 6 of 13 It is now time for the court to take accountability and responsibility for their illegal and negligent actions and provide us relief, instead of trying to dig a pit for us. Instead of adding to our suffering, it is high time that the court should try and relieve our sufferings. It may come off as a bit rash or harsh 3 4 but, already seeing the deceptive and cruel behavior of the Employees of the ~dc,   12 13 14 15 16 adding to the weight of our misery. We assume there is some oath of office to uphold the constitution but it is an utter disgrace, that the moment we point out discrepancies within the system the ^mj Carolyn K. Delaney vault leaps and lunges at the opportunity to be deceitful and spiteful, and abuse her power. That kind of abuse of power, is similar to the kind that delights in the shedding of innocent blood. We're still in absolute shock that a Federal Court judge would behave so disgracefully; and we will not relent in pursuing your recusal and termination from office as again stated, you lunged at the opportunity to destroy self-represented litigants going up a megaplex multi-million dollar LLC / dragon with dozens of heads forked tongues and who everyday delights in oppression. We have every right to be furious, that we would be so easily thrown into the wolves, knowing that any whimsical misjudgment, or abuse of power, can forever change the course of this litigation and directly add to the ruin of our lives. 17 18 19 10-37-24 20 DATE 21 22 ^c ^p IN PRO PER 103/24 23 24 DATE ^a   ^p IN PRO PER PROCEED TO NEXT @ TO MEMORANDUM DOUGLAS V. EZRALOW ~m FOR TO STAY ALL PROCEEDINGS @ 6  1 Case ^c2 Document 23 Filed 10/31/24 @ 7 of 13 IV. MEMORANDUM OF POINTS AND AUTHORITIES 2 3 Rule 8. Stay or Injunction Pending Appeal 4 Primary tabs 5 (a) ~m for Stay. 6 7 (1) Initial ~m in the ~dc. A party must ordinarily move first in the ~dc for the following relief: 8 (A) a stay of the judgment or order of a ~dc pending appeal; 9 (B) approval of a bond or other security provided to obtain a stay of judgment; or 10 (C) an order suspending, modifying, restoring, or granting an injunction while an appeal is 11 pending. 12 13 PARTICULAR EMPHASIS HERE; (A) a stay of the judgment or order of a ~dc 14 pending appeal;     NEXT @ DOUGLAS V. EZRALOW ~m FOR TO STAY ALL PROCEEDINGS @ 7  Case ^c2 Document 23 Filed 10/31/24 @ 8 of 13       THE DOCKET ITEM 11, WAS AN APPEAL, indeed the only option before being forced into the 9th Circuit with a cost of $400-600. How would that be in anyway just, or even a semblance of Justice? I could cite statutes and fill up 10 @s of memorandum and points of authority, but that is of little use when even reason doesn't prevail here. Thus have I commenced action against the ~1, and attempted to submit a claim to the clerks department 10/30/2024, after struggling with my CHF and the mountain of paperwork that I am forced to engage in because reason and justice was robbed and destroyed by, ^mj: Carolyn K. Delaney, in what appears to have been an orchestrated act by the court to shield the defense, and cater to them, and force and adversarial contest when there was a legitimate appeal pending in the form of Docket Item 11. Appeal in this case is also just a simpler way of saying; the court is wrong for vacating, uprooting, and subverting our ~m. This court resisted a binding authority, and when notified of the binding authority, it used every means to avoid accountability and dug a grand chasm for all the participants to fill; or any participant that engaged in the subversion of our right to due process, will be investigated, by the most unforgiving and cruel masters of all; THE PEOPLE. There is not time left to be abashed at this point, or to feel guilty or ashamed, or to second guess my instincts, when this court and its employees need to be thoroughly rebuked- I have been inundated in a flood of injustice, count after count, after count. Watching this play out, and being subject to it is both nauseating and astonishing to see how much integrity people give up just to have one moment of the thrill of power. It's even more disgusting when you're clearly wrong [the 21 court and its employees involved in this] and you dig this deep of a hole to bury me and my mother in, 22 juxtaposed against a rich conglomerate of LLCs and their dozens of heads composed of their employees, 23 24 25 26 who are charging gorging themselves upon 200-500 households worth of Rent payments over the average of 5-10 acres of land. Literally where 10-20 families would live in houses, this conglomerate (EZRALOW, FIRST POINTE, ITS SUBSIDIARY OR PARTNER, ALL THEIR EMPLOYEES NOT JUST THOSE NAMED); 27 28 NEXT @ DOUGLAS V. EZRALOW ~m FOR TO STAY ALL PROCEEDINGS @ 8  Case ^c2 Document 23 Filed 10/31/24 @ 9 of 13 1 this last commentary being in respect to the question of balancing equities- 2   All of these advantages and [the defense] can't even prevail with procedure? We've endured here in this bog and swamp, being literally suffocated by 14 months under a domestic violence situation, to a shooting, black mold, threats of pay our quit when utilities are 2 minutes late, and the greatest moving idea that all of your heads combined could muster is “you can just quit the lease and move”. How? Ezralow [the actions of all named ^dfs] have been DESTROYING our prosperity for the last 24+ months. 8 9 So, this is not just a battle for compensation, it is more importantly a war for the American people, and a furious conflict for Justice. You [the defense] want to pound our door down and put us on 10 display for being late on the “shared water” utility that is funding the bayou beneath us cooking black       25 mold. Finally, before the order, just to get the Memo out there, and I hate to be repetitious, but as stated previously, you all [defense and the court] will build a castle around the smallest lie, or the smallest mistake, just for control and power-before taking any accountability. These 15 papers that I am writing including my lawsuit against The ~1, will be pre-emptively delivered to the Supreme Court, as well as the Department of Defense, Department of Veteran Affairs, every intelligence agency in Israel and the USA, Governor Gavin Newsom, The Church of Jesus Christ of Latter-Day Saints, The White House, and many other select parties; because darkness seems to be your preferred weapon of choice. I do not want you to feel ashamed, I want you to be a better person. To the defense, you were given three warnings, three opportunities [prior to this lawsuit] to negotiate our rent and do the right thing for people that were suffering because of your negligence and policies. You were given three opportunities to respond, basically four, on top of the judge trampling over our rights, to simply bring whatever principles you have and put them on paper, instead its still this dance of deceit, in which the court is now complicit. 26 27 NEXT @ 28 DOUGLAS V. EZRALOW ~m FOR TO STAY ALL PROCEEDINGS @ 9  Case ^c2 Document 23 Filed 10/31/24 @ 10 of 13 1 None of my comments (^a) should be construed as a response to any 2 3 of the pleadings, from the defense, as we have not yet been served any responsive judicial communications. 4 5 10-2124 6 DATE ^c 7   DATE   14     ^p IN PRO PER 10-31-24 CAD ^a ^p IN PRO PER DOUGLAS V. EZRALOW ~m FOR TO STAY ALL PROCEEDINGS @ 10  1 2 Case ^c2 Document 23 Filed 10/31/24 @ 11 of 13 V. DECLARATION IN SUPPORT OF EX PARTE APPLICATION AND ~m       22 We, the ^ps, must swiftly write this declaration as the time is closing, for the window that we have to provide this application to the court. We simply affirm that we have acted with due diligence in respect to researching, and executing, court procedures thus far. We affirm that all the statements in this document are sufficient to reflect the need, and purpose for this ~m, without pre-emptively forecasting any arguments, or minimally, so as to not complicate procedure moving forward. We have, with diligence exercised all care and precision in our execution of court procedures, with regards to our best interests and with regards to our interactions, and contracts and verbal contracts, that we have made with the ^df(s). We have suffered and are now suffering more because of the actions of this court, the negligence, and the subversion of our rights, we are admonishing the court and asking that it exercises greater care and diligence in the seeing that justice is preserved, and prevails, and that relief can be granted, and the proper and due process be executed with care. None of my comments (^a) should be construed as a response to any of the pleadings, from the defense, as we have not yet been served any responsive judicial communications. We hereby declare, certify, verify, and state, under penalty of perjury, under the laws of the Unites States of America that the foregoing is true and correct. 10-31-24 23 DATE 24 25 10-3124 26 27 DATE со ^c ^p IN PRO PER at ^a 28 ^p IN PRO PER DOUGLAS V. EZRALOW ~m FOR TO STAY ALL PROCEEDINGS @ 11    Case ^c2 Document 23 Filed 10/31/24 @ 12 of 13 ^c AND ^a ~pa, 95827 (916)-365-5434 ^e 4 ^c AND ^a, IN PRO PER 5 6 7 8 ^c6 9 10 ^c AND     21 22 ^a, ^ps, V. THE EZRALOW COMPANY LLC, FIRST POΙΝΤΕ MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. Case No. 2:24-CV-00331 KJM-CKD [PROPOSED ORDER] EX PARTE APPLICATION FOR ~m TO STAY ALL PROCEEDINGS AND ~mS - PENDING HIGHER JUDICIAL OVERSIGHT IN THE DETERMINATION OF DEFAULT STATUS, RESOLUTION OF CROSS-CLAIM, RECUSAL AND REASSIGNMENT OF ^mj & FILING OF ~3 23 24 ACTIVE CROSS-CLAIM ON THIS CASE 25 26 This case has been claimed in another action; ^avu 27 28 Case No. ^c3 DOUGLAS V. EZRALOW ~m FOR TO STAY ALL PROCEEDINGS @ 12  Case ^c2 Document 23 Filed 10/31/24 @ 13 of 13   IT IS ORDERED THAT; ALL ~mS OR PROCEEDINGS NOT EXECUTED BY THE ^p OR THE COURT, ARE STAYED UNTIL FURTHER NOTICE. ADVERSE PARTIES MAY FILE RESPONSES BUT NO HEARINGS WILL BE SCHEDULED UNTIL RESOLUTION OF THE FOLLOWING ; 5 6 7 It is necessary that the following procedures be resolved, which are of greater priority, and lay the foundation procedurally, upon which this action will move forward; 8 1). PENDING HIGHER JUDICIAL OVERSIGHT OR APPEALS, 9 IN THE DETERMINATION OF DEFAULT STATUS, 10 2.) RESOLUTION OF CROSS-CLAIM, 11 3.) RECUSAL AND REASSIGNMENT OF ^mj 12 4.) FILING OF ~3 13 14 IT IS ORDERED THAT—TO THE CLERK OF THE COURT, 15 ~2 ~dc, ~ed, 16 In regard to Case No. 2:24-CV-00331 KJM-CKD, TO NOTIFY ADVERSE PARTIES OF STAY 17 OF ALL PROCEEDINGS AND ~mS, UNTIL FURTHER NOTIFIED BY MAIL.   22 23 Lastly, ^ps are granted leave by the court, or allowed to waive service and notice of this ~m upon the ^dfs, pursuant to FRCP Rule 5(a)(2) which reads; (2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4. 24 25 IT IS SO ORDERED. 26 DATED: 27 28 HONORABLE Carolyn K. Delaney DOUGLAS V. EZRALOW ~m FOR TO STAY ALL PROCEEDINGS @ 13  1 2 Case ^c2 Document 24 Filed 10/31/24 @ 1 of 13 ^c AND ^a ~pa, 95827 (916)-365-5434 ^e FILED OCT 31 2024 3 CLERK, ~d BY 4 ^c AND ^a, IN PRO PER DEPUTY CLERK 5 6     ^c6 ^c AND ^a, ^ps, Case No. 2:24-CV-00331 KJM-CKD V. THE EZRALOW COMPANY LLC, FIRST POΙΝΤΕ MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. ACTIVE CROSS-CLAIM ON THIS CASE This case has been claimed in another action; ^avu Case No. ^c3 EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGEMENT OR ORDER- ^pS HAVE NOT BEEN SERVED ANY RESPONSIVE PLEADINGS, NOR HAVE WE CONSENTED TO DIGITAL NOTICE I. ~~toc~ II. III. IV. V. VI. NOTICE OF ~m EXPARTE APPLICATION MEMORANDUM OF POINTS AND AUTHORITIES... DECLARATION IN SUPPORT OF EX PARTE APPLICATION AND ~m... PROPOSED ORDER II. NOTICE OF EX PARTE ~m FOR RELIEF FROM JUDGEMENT OR ORDER FRCP Rule 60(a),(b)(6) Relief From Judgment or Order (6) any other reason that justifies relief. DATE: NOVEMBER 13TH, 2024 TIME: 10:00 AM LOCATION: Courtroom 24 / Zoom JUDGE: Carolyn K. Delaney DOUGLAS V. EZRALOW ~m FOR RELIEF FROM JUDGEMENT OR ORDER @ 1  Case ^c2 Document 24 Filed 10/31/24 @ 2 of 13       III. EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGEMENT OR ORDER - WE HAVE NOT BEEN SERVED OR MAILED ANY RESPONSIVE PLEADINGS - NOR HAVE WE CONSENTED TO DIGITAL NOTICE We are moving in Ex Parte, and by emergency, requesting November 13th, 2024 or the NEXT CALENDAR DATE AVAILABLE. ADDITIONALLY THIS ~m IS TO SUCCEED THE ~m OF THE SAME NAME/TYPE FILED 10/30/24 We are moving in Ex Parte, because of the emergencies caused by ^mj Carolyn K. Delaney [hereinafter as CKD], in issuing an illegal court order, after she has undermined our fifth amendment rights to due process, derailing our attempt to appeal to the court in a diligent and orderly fashion, when she illegally vacated an appeal, or the only way for us to appeal before being forced into the Ninth Circuit. We followed the due process to address an unacceptable and illegal order issued by this court [see Document 11 of the Docket]. We will not respond to the adverse party's pleadings while they are in default, and much less when we have never spoken to this Attorney, and we have never at any time given express consent, neither implied consent, nor any manner of consent, nor insinuation, or hint, or idea of consent or that it is acceptable for us to receive Electronic Notice. We will respond to a properly served pleading—AFTER our appeal has been resolved and this court or a higher court determines that all ^dfs are properly placed in default as per FRCP 55. It is absolutely unacceptable, and illegal for the court to shield an adverse party that had [essentially] three opportunities to respond via the judicial process. Instead, we receive an order by mail from ^mj CKD-ordering us to respond to some unknown pleadings that we haven't been served. Imagine our astonishment when the ^mj is essentially responding for the Defense; whilst they are 120(?)+ days in Default, and have had luxurious opportunities to utilize the system, and haven't even managed to hurdle basic procedural processes. Imagine our astonishment when Judge CKD is essentially responding for them and immediately displaying bias, to cover up the question of our appeal [docket item 11], and create a smoke screen, a red herring distraction, the complete destruction of or right to due process; means whilst we have not received any formal and legal judicial communication from anyone on the defense, neither them, nor their attorney. DOUGLAS V. EZRALOW ~m FOR RELIEF FROM JUDGEMENT OR ORDER @ 2  Case ^c2 Document 24 Filed 10/31/24 @ 3 of 13   11 We will not however, respond to the default party, nor be intimidated to respond, nor coerced, nor deceived, neither forced to respond to the default party; we have no voicemails, or text messages or any known or documented attempt of the adverse party, manifesting any attempt or desire to schedule a meet and confer; neither have we been contacted to participate or schedule any initial conference. WE HAVE NOT SPOΚΕΝ ΤΟ THEIR ATTORNEY NEITHER HAVE WE HAD ANY EXTRAJUDICIAL COMMUNICATION WITH ANY OF THE DEFENDENTS SINCE COMMENCEMENT OF THIS ACTION. WE DO NOT RESPECT OR RECOGNIZE ANY FORM OF NOTICE OR SERVICE OF PROCESS BESIDES DIRECTLY TO OUR P.O. BOX AS CAPTIONED THERE HAS NOT AT ANY TIME BEEN GIVEN AN INSINUATION OR EVEN A FAINT ALLUSION THAT WE WILL ACCEPT ANY OFFICIAL RESPONSE OR LEGAL CORRESPONDENCE ASIDE FROM DOCUMENTS SENT TO OUR P.O. BOX. 12 13     25 26 Rule 5. Serving and Filing Pleadings and Other Papers Primary tabs (a) Service: When Required. (1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party: "Subparagraph (D) of Rule 5(b)(2) is new. It authorizes service by electronic means or any other means, but only if consent is obtained from the person served. The consent must be express, and cannot be implied from conduct. Early experience with electronic filing as authorized by Rule 5(d) is positive, supporting service by electronic means as well. Consent is required, however, because it is not yet possible to assume universal entry into the world of electronic communication." Rule 5 (b)(2)(E) states; (E) “sending it to a registered user by filing it with the court's electronic-filing system or sending it by other electronic means that the person consented to in writing" 27 28 NEXT @ DOUGLAS V. EZRALOW ~m FOR RELIEF FROM JUDGEMENT OR ORDER @ 3  Case ^c2 Document 24 Filed 10/31/24 @ 4 of 13 1 We are not Registered users with ECF system, nor have we ~med as of yet to utilize ECF. 2 3 4 5 Neither myself ^a, nor my mother, ^c have at any point scheduled or been invited to any meet and confer with ^dfs or their attorney, and we have had no knowledge of this besides the Court order issued by ^mj CKD, which we received in our P.O. Box. 6 7 8 WE ARE SEEKING RELIEF FROM THIS ORDER; ### MINUTE ORDER ### Full docket text for document 20: 9 "ORDER signed by ^mj Carolyn K. Delaney on 10/16/2024 VACATING the ~m 10 11 hearing set for 11/13/2024; DIRECTING ^ps to file an opposition or a statement of non-opposition within 14 days; ^df may file reply within 10 days of ^p's filing. (Becknal, R.)"   WE ARE REQUESTING THAT THE COURT MUST STAY ANY ~m BY ANY PARTY OTHER THAN THE COURT OR THE ^p-ON THE GROUNDS THAT DETERMINING THE DEFAULT STATUS OF THE ^dfS-AND DETERMINING WHY THE COURT UNDERMINED OUR RIGHT TO DUE PROCESS, AND HAS TRIED TO FORCE US INTO RESPONDING TO SOME PLEADINGS THAT WE HAVE NOT BEEN 18 NOTICED OF THE APPEAL, WHICH WE HAD SCHEDULED [SEE DOCUMENT 11 OF 19 THE DOCKET], ACCORDING TO DUE DILIGENCE AND DUE PROCESS; THAT APPEAL 20 PROCESS AND THE RESOLUTION OF THAT APPEAL, DETERMINES EVERY BIT OF 21 RESPONSE AND ACTIONS TAKEN HENCEFORTH BY OURSELVES, THE ^pS. 22 23 IN OTHER WORDS, THE COURT MUST STAY ANY ~m OR PROCEEDING THAT IS NOT INITIATED BY THE ^pS, SO AS TO NOT FURTHER COMPLICATE 24 THESE PROCEEDINGS AND OUR OVERALL APPLICATION FOR JUDICIAL RELIEF.   NEXT @ DOUGLAS V. EZRALOW ~m FOR RELIEF FROM JUDGEMENT OR ORDER @ 4  Case ^c2 Document 24 Filed 10/31/24 @ 5 of 13     14   I ^a HAVE FILED A COMPLAINT AGAINST THE ~1- & CROSS-CLAIM IS THEREFORE PENDING RESOLUTION, AS WELL AS THE FILLING OF THE ~3 TO WITHHOLD PAYMENTS OF RENT TO FIRST POIΝΤΕ ΜΑΝAGEMENT GROUP WITHOUT BEING HARASSED OR INTIMIDATED; OR TO THREATEN MY MOTHER'S CREDIT. FURTHERMORE WE ARE PLEADING IN THE INJUNCTION THAT SHE WILL BE ABLE TO QUIT THE LEASE, [Which they already offered us in writing, saying it was a "reasonable accommodation" oddly enough, yet they were incapable of making any other reasonable accommodation despites me witnessing a shooting, living in a bayou of black mold, and being trapped in a situation where there is domestic violence outbursts nearly daily for 14 months. They also ended up evicting those tenants. The documentation provided will more than satisfy the demands to issue an injunction for relief, based on breaches of quiet enjoyment. MY MOTHER WILL NEED TO QUIT THE LEASE; TO PROCURE A BETTER LIVING SITUATIONS FOR US – SHE WILL BE GRANTED 90 DAYS OR MORE TO OCCUPY, ACCESS, OR ENJOY THE FACILITIES, WHEREIN' SHE WAS A TENANT, HOWEVER NOT TO EXCEED 14 MONTHS. PAYMENTS WITHELD BY ^a AND ^c AND WILL NOT EXCEED 14 MONTHS. 19 20 21 22 THEREFORE, PENDING THE RESOLUTION OF THIS AND THE RECUSAL AND REASSIGNMENT OF THE ^mj Carolyn K. Delaney -THIS COURT MUST STAY ANY PROCEEDING THAT ARE NOT RELATED TO THESE PENDING LEGAL TRANSACTIONS. 23 None of my comments (^a) should be construed as a response to any   of the pleadings, from the defense, as we have not yet been served any responsive judicial communications. 28 NEXT @ DOUGLAS V. EZRALOW ~m FOR RELIEF FROM JUDGEMENT OR ORDER @ 5  Case ^c2 Document 24 Filed 10/31/24 @ 6 of 13   7 8 It is now time for the court to take accountability and responsibility for their illegal and negligent actions and provide us relief, instead of trying to dig a pit for us. Instead of adding to our suffering, it is high time that the court should try and relieve our sufferings. It may come off as a bit rash or harsh but, already seeing the deceptive and cruel behavior of the Employees of the ~dc, adding to the weight of our misery. We assume there is some oath of office to uphold the constitution but it is an utter disgrace, that the moment we point out discrepancies within the system the ^mj Carolyn K. Delaney vault leaps and lunges at the opportunity to be deceitful and spiteful, and abuse her power. 9 10 11 12 That kind of abuse of power, is similar to the kind that delights in the shedding of innocent blood. We're still in absolute shock that a Federal Court judge would behave so disgracefully; and we will not relent in pursuing your recusal and termination from office as again stated, you lunged at the opportunity to destroy self-represented litigants going up a megaplex multi-million dollar 13   21 LLC / dragon with dozens of heads forked tongues and who everyday delights in oppression. We have every right to be furious, that we would be so easily thrown into the wolves, knowing that any whimsical misjudgment, or abuse of power, can forever change the course of this litigation and directly add to the ruin of our lives. 10-31-21 DATE CR ^c ^p IN PRO PER 22 23 24 25 10-31-24 DATE ^a ^p IN PRO PER 26 27 28 PROCEED TO NEXT @ TO MEMORANDUM DOUGLAS V. EZRALOW ~m FOR RELIEF FROM JUDGEMENT OR ORDER @ 6    Case ^c2 Document 24 Filed 10/31/24 @ 7 of 13 IV. MEMORANDUM OF POINTS AND AUTHORITIES Rule 60. Relief from a Judgment or Order Primary tabs 5 6 7 8 9 (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on ~m or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court's leave. 10   14   (b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On ~m and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment 19 20 21 that has been reversed or vacated; or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief. 22 23   NEXT @ DOUGLAS V. EZRALOW ~m FOR RELIEF FROM JUDGEMENT OR ORDER @ 7  Case ^c2 Document 24 Filed 10/31/24 @ 8 of 13     24 25 26 THE DOCKET ITEM 11, WAS AN APPEAL, indeed the only option before being forced into the 9th Circuit with a cost of $400-600. How would that be in anyway just, or even a semblance of Justice? I could cite statutes and fill up 10 @s of memorandum and points of authority, but that is of little use when even reason doesn't prevail here. Thus have I commenced action against the ~1, and attempted to submit a claim to the clerks department 10/30/2024, after struggling with my CHF and the mountain of paperwork that I am forced to engage in because reason and justice was robbed and destroyed by, ^mj: Carolyn K. Delaney, in what appears to have been an orchestrated act by the court to shield the defense, and cater to them, and force and adversarial contest when there was a legitimate appeal pending in the form of Docket Item 11. Appeal in this case is also just a simpler way of saying; the court is wrong for vacating, uprooting, and subverting our ~m. This court resisted a binding authority, and when notified of the binding authority, it used every means to avoid accountability and dug a grand chasm for all the participants to fill; or any participant that engaged in the subversion of our right to due process, will be investigated, by the most unforgiving and cruel masters of all; THE PEOPLE. There is not time left to be abashed at this point, or to feel guilty or ashamed, or to second guess my instincts, when this court and its employees need to be thoroughly rebuked- I have been inundated in a flood of injustice, count after count, after count. Watching this play out, and being subject to it is both nauseating and astonishing to see how much integrity people give up just to have one moment of the thrill of power. It's even more disgusting when you're clearly wrong [the court and its employees involved in this] and you dig this deep of a hole to bury me and my mother in, juxtaposed against a rich conglomerate of LLCs and their dozens of heads composed of their employees, who are charging gorging themselves upon 200-500 households worth of Rent payments over the average of 5-10 acres of land. Literally where 10-20 families would live in houses, this conglomerate (EZRALOW, FIRST POINTE, ITS SUBSIDIARY OR PARTNER, ALL THEIR EMPLOYEES NOT JUST THOSE NAMED); 27 28 NEXT @ DOUGLAS V. EZRALOW ~m FOR RELIEF FROM JUDGEMENT OR ORDER @ 8  Case ^c2 Document 24 Filed 10/31/24 @ 9 of 13     24 25 this last commentary being in respect to the question of balancing equities- All of these advantages and [the defense] can't even prevail with procedure? We've endured here in this bog and swamp, being literally suffocated by 14 months under a domestic violence situation, to a shooting, black mold, threats of pay our quit when utilities are 2 minutes late, and the greatest moving idea that all of your heads combined could muster is "you can just quit the lease and move". How? Ezralow [the actions of all named ^dfs] have been DESTROYING our prosperity for the last 24+ months. So, this is not just a battle for compensation, it is more importantly a war for the American people, and a furious conflict for Justice. You [the defense] want to pound our door down and put us on display for being late on the "shared water" utility that is funding the bayou beneath us cooking black mold. Finally, before the order, just to get the Memo out there, and I hate to be repetitious, but as stated previously, you all [defense and the court] will build a castle around the smallest lie, or the smallest mistake, just for control and power-before taking any accountability. These 15 papers that I am writing including my lawsuit against The ~1, will be pre-emptively delivered to the Supreme Court, as well as the Department of Defense, Department of Veteran Affairs, every intelligence agency in Israel and the USA, Governor Gavin Newsom, The Church of Jesus Christ of Latter-Day Saints, The White House, and many other select parties; because darkness seems to be your preferred weapon of choice. I do not want you to feel ashamed, I want you to be a better person. To the defense, you were given three warnings, three opportunities [prior to this lawsuit] to negotiate our rent and do the right thing for people that were suffering because of your negligence and policies. You were given three opportunities to respond, basically four, on top of the judge trampling over our rights, to simply bring whatever principles you have and put them on paper, instead its still this dance of deceit, in which the court is now complicit. 26 27 28 NEXT @ DOUGLAS V. EZRALOW ~m FOR RELIEF FROM JUDGEMENT OR ORDER @ 9  Case ^c2 Document 24 Filed 10/31/24 @ 10 of 13 1 None of my comments (^a) should be construed as a response to any 2 3 of the pleadings, from the defense, as we have not yet been served any responsive judicial communications. 4 5 10-3124 6 DATE ^c 7 ^p IN PRO PER  -31-24 10 DATE ^a 11 ^p IN PRO PER     DOUGLAS V. EZRALOW ~m FOR RELIEF FROM JUDGEMENT OR ORDER @ 10 ...  1 2 Case ^c2 Document 24 Filed 10/31/24 @ 11 of 13 V. DECLARATION IN SUPPORT OF EX PARTE APPLICATION AND ~m   We, the ^ps, must swiftly write this declaration as the time is closing, for the window that we have to provide this application to the court. We simply affirm that we have acted with due diligence in respect to researching, and executing, court procedures thus far. We affirm that all the statements in this document are sufficient to reflect the need, and purpose for this ~m, without pre-emptively forecasting any arguments, or minimally, so as to not complicate procedure moving forward.   We have, with diligence exercised all care and precision in our execution of court procedures, with regards to our best interests and with regards to our interactions, and contracts and verbal contracts, that we have made with the ^df(s). 11 We have suffered and are now suffering more because of the actions of this court, the 12 negligence, and the subversion of our rights, we are admonishing the court and asking that it exercises 13 14 greater care and diligence in the seeing that justice is preserved, and prevails, and that relief can be granted, and the proper and due process be executed with care. None of my comments (Andrew Grant 15 ~h) should be construed as a response to any of the pleadings, from the defense, as we have 16 not yet been served any responsive judicial communications. 17   22 We hereby declare, certify, verify, and state, under penalty of perjury, under the laws of the Unites States of America that the foregoing is true and correct. 10-31-24 23 DATE   10.31-24 DATE CD ^c ^p IN PRO PER ^a ^p IN PRO PER DOUGLAS V. EZRALOW ~m FOR RELIEF FROM JUDGEMENT OR ORDER @ 11    Case ^c2 Document 24 Filed 10/31/24 @ 12 of 13 ^c AND ^a ~pa, 95827 (916)-365-5434 ^e 4 ^c AND ^a, IN PRO PER 5 6 7 ~2 ~dc 8 ~ed 9 10 ^c AND Case No. 2:24-CV-00331 KJM-CKD 11 ^a, 12 ^ps, 13 14 15 V. [PROPOSED ORDER] EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGEMENT OR ORDER- ^pS HAVE NOT BEEN SERVED ANY RESPONSIVE PLEADINGS, NOR HAVE THEY CONSENTED TO DIGITAL NOTICE 16 17   THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. ACTIVE CROSS-CLAIM ON THIS CASE This case has been claimed in another action; ^avu Case No. ^c3 DOUGLAS V. EZRALOW ~m FOR RELIEF FROM JUDGEMENT OR ORDER @ 12    Case ^c2 Document 24 Filed 10/31/24 @ 13 of 13 IT IS ORDERED THAT; ^pS ARE RELIEVED FROM THE ORDER [DOCKET ITEM 20] AS THEY WERE NOT SERVED BY THE ^dfS, AND THIS WILL RUN CONCURRENT WITH ^p'S ~m TO STAY PROCEEDINGS----(SEE BELOW) 5 6 7 It is necessary that the following procedures be resolved, which are of greater priority, and lay the foundation procedurally, upon which this action will move forward; 8 1). PENDING HIGHER JUDICIAL OVERSIGHT OR APPEALS, 9 IN THE DETERMINATION OF DEFAULT STATUS, 10 2.) RESOLUTION OF CROSS-CLAIM, 11 3.) RECUSAL AND REASSIGNMENT OF ^mj 12 4.) FILING OF ~3 13     Lastly, ^ps are granted leave by the court, or allowed to waive service and notice of this ~m upon the ^dfs, pursuant to FRCP Rule 5(a)(2) which reads; (2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4. 25 26 IT IS SO ORDERED. 27 DATED: 28 HONORABLE Carolyn K. Delaney DOUGLAS V. EZRALOW ~m FOR RELIEF FROM JUDGEMENT OR ORDER @ 13  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 24: ~m for RELIEF FROM JUDGMENT and proposed order by ^ps. ~m Hearing set for 11/13/2024 at 10:00 AM in Courtroom 24/Zoom (CKD) before ^mj Carolyn K. Delaney. (Becknal, R.) 11/19/2024, 3:36 AM  Firefox 1 of 1   ### MINUTE ORDER ### Full docket text for document 25: MINUTE ORDER issued by Courtroom Deputy, L. Kennison for ^mj Carolyn K. Delaney on 11/1/2024: The court is in receipt of ^ps' four Ex Parte ~ms filed on 10/30/2024, and 10/31/2024 [21], [22], [23], [24], each asserting, among other matters, that ^df The Ezralow Company LLC failed to serve ^ps by mail at their address of record with the [14] ~m to Quash Service filed on 9/24/2024. ^ps' Ex Parte ~ms are deficiently noticed for a hearing to take place on 11/13/2024 and must be reset to a different hearing date. Local Rule 230(b) provides: a ~m "shall be set for hearing... not less than thirty-five (35) days after service and filing of the ~m." Accordingly, the court RESETS the hearing on ^ps' Ex Parte ~ms to take place on 12/4/2024, at 10:00 AM via Zoom before Chief ^mj Delaney. In addition, the Court has reviewed ^df's ~m to Quash Service and finds the proof of service does not reflect proper service of the ~m on ^ps. Within 10 (ten) days of the date of this order, ^df The Ezralow Company LLC shall serve ^ps with the ~m to Quash Service, if ^df has not already done so, and shall file an amended proof of service. ^ps' Opposition or Statement of Non-Opposition to ^df's ~m to Quash Service is due within 21 (twenty-one) days after proper service of the ~m to Quash or the filing of the amended proof of service, whichever is later. (Text Only Entry) (Kennison, L) 11/19/2024, 2:55 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [25] Minute Order served on ^c and ^a. (Kennison, L) 11/19/2024, 3:37 AM  1 Case ^c2 Document 26 Filed 11/01/24 @ 1 of 24 ^c AND ^a P.O. BOX 278004 2 SACRAMENTO CA, 95827 (916)-365-5434 3 ^e FILED NOV 01 2024   8 9 だ CLERK, U.S. ~dc BY ^c AND ^a IN PRO PEKT OF CALIFORNIA ^c6 10 11 ^c AND 12 ^a, 13 ^ps,     DEPUTY CLERK Case No. 2:24-CV-00331 KJM-CKD EX PARTE ~m FOR ~3- V. THE EZRALOW COMPANY LLC, FIRST POΙΝΤΕ MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. ACTIVE CROSS-CLAIM ON THIS CASE I. ~~toc~ II. NOTICE OF ~m III. IV. RIGHTS, EMERGENCY GROUNDS V. THE CHARADE ENDS CROSS-CLAIM AFFIDAVIT RE: DESTRUCTION OF INALIENABLE ~m FOR PREL* INJUNCTION VI. VII. VIII. MEMORANDUM OF POINTS AND AUTHORITIES... DECLARATIONS PROPOSED ORDER II. NOTICE OF EX PARTE ~m FOR RELIEF - FROM JUDGEMENT OR ORDER FRCP Rule 60(a) Relief From Judgment or Order DATE: NOVEMBER 13TH, 2024 TIME: 10:00 AM LOCATION: Courtroom 24 / Zoom 25 26 27 This Case is claimed in another action; ^avu JUDGE: Carolyn K. Delaney or Whichever Judge (Circuit/Appelate/Special) assigned after her Recusal and Termination 28 Case No. ^c3 DOUGLAS V. EZRALOW ~m FOR ~3 @ 1      14 15 16 Case ^c2 Document 26 Filed 11/01/24 @ 2 of 24 III. THE CHARADE ENDS FPMG'S LITIGATIVE STRATEGY NOT TO RESPOND TO THE SERVICE OF SUMMONS IS IMPLODING IN THEIR FACE. WARNING TO THOSE WHO MIGHT ATTEMPT TO LABEL ME A 'VEXATIOUS LITIGANT' – IF THE TRUTH VEXES YOU, GET A NEW JOВ. THIS IS A PLACE HOLDER TO THE FULL INJUNCTION TO BE FILED 11-2- 2024, BECAUSE OF THIS EMERGENCY SITUATION WHICH AS BEEN FORCED UPON US BY THE ACTIONS OF THE COURT WE ARE FORCED TO BREAK THIS UP INTO A PLACER HOLDER FILING TO PRESERVE AND PRESENT EVIDENCES TO THIS CLAIM AND CROSS CLAIMS--- BUT FURTHERMORE - BECAUSE OF THE EMERGENCY SITUATION CUASED BY THIS COURT THIS FILING WILL STILL BE CROSS FILED AND ATTACHED TO THE CLAIM, AS WELL AS PRELIMINARY SERVICES OF THIS TO THE WITNESSES OF THIS ACTION HAS ALREADY BEEN FILED AND ATTACHED AS ^x X 17   22 [TO THE ~dc IF YOU HAVE SOME CORRESPONDENCE WITH SOME ATTORNEY REPRESENTING THE DEFENSE YOU CAN RELAY THIS MESSAGE TO THEM] When we filed the complaint, we swore under penalty of perjury, which to this date has not been contested by anyone, that Stacy White, a managing agent [and by her own word "the highest up"] for First Pointe Management Group LLC [named ^df past-hence and hereafter FPMG] told us where to serve the complaint. We had an agreement, where and how, with Stacy White a managing agent 23 24 25 26 we were to serve the complaint. It was received by the corporate office in Rocklin for FPMG. What they chose to do with it, and any legal obligations and repercussions that they have, is upon them. All of the ^dfs, including the Ezralow Brothers, are employees of FPMG, with apparently, Mark Ezralow and Brian Ezralow, and Stacy White, being "the highest up". 27 They have received actual notice, of this action, so many times, and yet still we [^pS] 28 have not been served OR NOTICED OF any response, by CERTIFIED U.S. MAIL, so you can tell DOUGLAS V. EZRALOW ~m FOR ~3 @ 2  Case ^c2 Document 26 Filed 11/01/24 @ 3 of 24   7 B 9 10   14 15 16 the court all you EZRALOW [all ^dfs hereafter as EZRALOW] the court all you want; But we brought the action to the court, and you know where and how to find us when you want to give us an actual legal response, with notice and proof of service/notice executed to us and the court in one legal transaction."
   },
   {
     "id": 7,
     "text": "We will be waiting. As we have not been noticed, as ^ps in this action, or served any actual documents from an Attorney representing these proceedings on behalf of the ^dfs, [although there are documents on the docket, these have only been served to the court via ECF – AND NOT TO US, the ^ps. We have never been served any documentation from any attorney representing the ^dfs, and have never at any time consented to electronic notice or electronic service, and therefore, Testify that there is no Attorney representing the Defense, none has appeared to us. And we have no attorney to serve this injunction upon. Therefore, this ~3 will be Served upon the Attorney General for the ~1, and in correspondence to the active Cross-Claim in this Action. Lastly, we are boldly stating WE DO NOT ACCEPT ELECTRONIC NOTICE OR SERVICE, AND WE ARE NOT TO BE, NEITHER DOES ANY ATTEMPT TO DO SO, CONSTITUTE SERVICE OF PROCESS, OR NOTICE OF LEGAL DOCUMENTS. 17   WE ONLY ACCEPT SERVICE OF PROCESS OR ACTUAL LEGAL NOTICE, VIA CERTIFIED U.S. MAIL. ANY BAR ATTORNEY KNOWS OR SHOULD KNOW THIS IS THE LEGAL STANDARD. AND IF YOU DON'T KNOW, THAT'S NOT OUR FAULT. 22 23 WE HAVE NOT RESPONDED TO AND WILL NOT RESPOND TO ANY 24 25 26 INFORMATION THAT IS NOT SERVED UPON US VIA U.S. MAIL. WE HAVE NEVER AT ANY TIME CONSENTED OR GIVEN AUTHORIZATION, NIETHER EXPRESS AUTHORIZATION, NOR IMPLIED AUTHORIZATION, TO RECEIVE ANY FORM OF 27 ELECTRONIC NOTICE—NEITHER OF THIS COURT, NOR ANY ATTORNEYS! 28 DOUGLAS V. EZRALOW ~m FOR ~3 @ 3  Case ^c2 Document 26 Filed 11/01/24 @ 4 of 24   AGAIN, WE ONLY ACCEPT NOTICE OF LEGAL DOCUMENTS VIA US.MAIL AND WILL ONLY REPLY TO DOCUMENTS WHICH ARE CERTIFIED VIA U.S. MAIL, WITH EXECUTION OF SERVICE BEING FILED IN THE ~dc. IF THERE IS NO RETURN OF SERVICE, OR PROOF OF SERVICE FOR PHYSICAL U.S. MAIL TO OURSELVES, AS WELL AS SERVICE TO THE COURT [IF ITS ELECTRONIC BY DEFAULT THEN THAT CONSITUTES THE AGREEMENT BETWEEN THE COURT AND ATTORNEY, NOT ANY AGREEMENT WITH OURSELVES]—IF THERE IS NO SERVICE UPON US THE ^pS WE WILL NOT RESPOND, LASTLY THE DOCKET, AND THE DOCUMENTS FILED WILL NOT BE ALTERED BY ANYONE, AS THEY ARE CROSS- CLAIMED AND EVIDENCE IN ANOTHER PROCEEDING)   14 15 16 IV. CROSS-CLAIM AFFIDAVIT RE: DESTRUCTION OF INALIENABLE RIGHTS We are moving in Ex Parte, and by emergency, requesting November 13th, 2024 or the NEXT CALENDAR DATE AVAILABLE. [SEE DIGITAL ^x A USB DRIVE] 17 18 On behold the solemn gravity of the situation, explicit and direction violation of constitutional law, and a direct and explicit violation of oath of office perpetrated by ^mj Carolyn K. 19 Delaney (hereinafter as CKD], this ~m which was duly and properly and rightfully scheduled 20 was not an ordinary ~m. It was an appeal, to the ~dc, part of a process of due 21 diligence, proceeding appeals to the Circuit Court, the Ninth Circuit. In subverting, upending, 22 uprooting, and the altogether destruction of our inalienable rights, committed brazenly in the 23   'temples' of America's highest and most Sacred Institution, she attempted, conspired, and willfully, intentionally, with malice, fraud, and oppression, EXPLICITLY AND DIRECTLY DESTROYED OUR CONSTITUTIONAL RIGHTS. This isn't an allegation, this is a call to attention to details that are kept in these records, within the ~dc, which are presently being examined by many, and will be examined by many. The only thing that separates the an allegation from knowledge, is not having that knowledge, so all you have to do is look at the documents in the docket, and now you DOUGLAS V. EZRALOW ~m FOR ~3 @ 4  Case ^c2 Document 26 Filed 11/01/24 @ 5 of 24     24 have knowledge [DOCUMENTS 11 AND 20]. More importantly I (^a) have foundational knowledge, and therefore it is my Testimony of events as they have transpired, and as I affirmatively swear under penalty of perjury, to be true and faithful to the information 1 am disclosing to the Court. So as a warning, any attempts to unravel, subvert, or tamper with this information, and or archival integrations, that host, store and ultimately house this information; any attempts to thwart or pervert justice will be documented. Because of this information, the destruction of our Constitutional Rights, the actions of the Attorney representing the Defense, in attempting to thwart the standard method of SERVICE OF PROCESS, WHICH IS BY US-MAIL, AS A BAR LISCENSED ATTORNEY SHE NOT ONLY KNOWS THIS BUT IS OATHBOUND, TO THE CONSTITUTION, AS A LISCENSED BAR HOLDER. SHE NEEDS TO BE IMMIDIATELY DISMISSED AS REPRESENTATION AND LEGAL COUNCIL FOR ALL NAMED ^dfS, AS WE PROCEED WITH THE LEGAL PROCESS, AND SEAL THEIR DEFAULT STATUS ACCORDING TO THE FACTS IN THIS DOCKET. AND THEY WILL NO LONGER HAVE ANY OPPORTUNITY TO OBTAIN OR SECURE LEGAL COUNCIL AS THEY HAVE WAIVED THIS RIGHT. Carolyn K. Delany, and each of the ^dfs, the attorney, will all now subsequently be investigated for conspiracy. CROSS-CLAIM NOTICE AND RELATED DETAILS; to ensure the integrity of the proceedings and to prevent future violations of our Constitutional Rights, and to prevent further Tort Claims, and for the overall administration of Justice and Due process, this proceeding is being Claimed by this case; ^avu Case No. ^c3   We are moving in Ex Parte, because of the emergencies caused by ^mj Carolyn K. Delaney (hereinafter as CKD], in issuing an illegal court order, after she has undermined our fifth amendment rights to due process, derailing our attempt to appeal to the court in a diligent and orderly DOUGLAS V. EZRALOW ~m FOR ~3 @ 5  Case ^c2 Document 26 Filed 11/01/24 @ 6 of 24 1 fashion, when she illegally vacated an appeal, or the only way for us to appeal before being forced into 2     the Ninth Circuit. We followed the due process to address an unacceptable and illegal order issued by this court [see Document 11 and 20 of the Docket]. We will not respond to the adverse party's pleadings while they are in default, and much less when we have never spoken to this Attorney, and we have never at any time given express consent, neither implied consent, nor any manner of consent, nor insinuation, or hint, or idea of consent or that it is acceptable for us to receive Electronic Notice. We will respond to a properly served pleading-AFTER our appeal has been resolved and this court or a higher court determines that all ^dfs are properly placed in default as per FRCP 55. It is absolutely unacceptable, and illegal for the court to shield an adverse party that had [essentially] three opportunities to respond via the judicial process. Instead, we receive an order by mail from ^mj CKD-ordering us to respond to some unknown pleadings that we haven't been served. Imagine our astonishment when the ^mj is essentially responding for the Defense; whilst they are 120(?)+ days in Default, and have had luxurious opportunities to utilize the system, and haven't even managed to hurdle basic procedural processes. Imagine our astonishment when Judge CKD is essentially responding for them and immediately displaying bias, to cover up the question of our appeal [docket item 11], and create a smoke screen, a red herring distraction, the complete destruction of or right to due process; meanswhilst we have not received any formal and legal judicial communication from anyone on the defense, neither them, nor their attorney. We will not however, respond to the default party, nor be intimidated to respond, nor coerced, nor deceived, neither forced to respond to the default party; we have no voicemails, or text messages or any known or documented attempt of the adverse party, manifesting any attempt or desire to schedule a meet and confer; neither have we been contacted to participate or schedule any initial conference. 24 WE HAVE NOT SPOΚΕΝ ΤΟ ΤHEIR ATTORNEY NEITHER HAVE WE HAD ANY 26 27 25 EXTRAJUDICIAL COMMUNICATION WITH ANY OF THE DEFENDENTS SINCE COMMENCEMENT OF THIS ACTION. WE DO NOT RESPECT OR RECOGNIZE ANY FORM OF NOTICE OR SERVICE OF PROCESS BESIDES DIRECTLY TO OUR P.O. BOX 28 AS CAPTIONED THERE HAS NOT AT ANY TIME BEEN GIVEN AN INSINUATION OR DOUGLAS V. EZRALOW ~m FOR ~3 @ 6  Case ^c2 Document 26 Filed 11/01/24 @ 7 of 24 1 EVEN A FAINT ALLUSION THAT WE WILL ACCEPT ANY OFFICIAL RESPONSE OR 2 LEGAL CORRESPONDENCE ASIDE FROM DOCUMENTS SENT TO OUR P.O. BOX.     Rule 5. Serving and Filing Pleadings and Other Papers Primary tabs (a) Service: When Required. (1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party: "Subparagraph (D) of Rule 5(b)(2) is new. It authorizes service by electronic means or any other 11 12 means, but only if consent is obtained from the person served. The consent must be express, and cannot be implied from conduct. Early experience with electronic filing as authorized by Rule 5(d) is 13 positive, supporting service by electronic means as well. Consent is required, however, because it is not 14 yet possible to assume universal entry into the world of electronic communication."   Rule 5 (b)(2)(E) states; (E) “sending it to a registered user by filing it with the court's electronic-filing system or sending it by other electronic means that the person consented to in writing" 19 NEXT @ We are not Registered users with ECF system, nor have we ~med as of yet to utilize ECF. 20 21 Neither myself ^a, nor my mother, ^c have at any point 22 23 24 scheduled or been invited to any meet and confer with ^dfs or their attorney, and we have had no knowledge of this besides the Court order issued by ^mj CKD, which we received in our P.O. Box. 25 26 27 WE ARE SEEKING RELIEF FROM THIS ORDER; ### MINUTE ORDER ### Full docket text for document 20: 28 "ORDER signed by ^mj Carolyn K. Delaney on 10/16/2024 VACATING the ~m DOUGLAS V. EZRALOW ~m FOR ~3 @ 7  Case ^c2 Document 26 Filed 11/01/24 @ 8 of 24 1 hearing set for 11/13/2024; DIRECTING ^ps to file an opposition or a statement of non-opposition 2 within 14 days; ^df may file reply within 10 days of ^p's filing. (Becknal, R.)" 3 4 5 V. DECLARATION IN SUPPORT OF EX PARTE APPLICATION AND ~m 6 7 We, the ^ps, must swiftly write this declaration as the time is closing, for the window that 8 9 we have to provide this application to the court. We simply affirm that we have acted with due diligence in respect to researching, and executing, court procedures thus far. We affirm that all the statements in 10 this document are sufficient to reflect the need, and purpose for this ~m, without pre-emptively 11 forecasting any arguments, or minimally, so as to not complicate procedure moving forward. 12 13 DECLARATION OF CHERYL DOUGLAS 14 15 Dear Honorable Judge, 16 17 I Cheryl Douglas pen this statement of facts for the court to understand the extent of the effects of 18 having a long-term exposure to Domestic Violence of the people above me in apartment 180 at the 19 20   25 Monte Bello Apartments at 4001 South Watt Ave, Sacramento California. I have been a Social Worker for twenty-seven years and fifteen of those year were spent on Indian Reservations. I know the extent of PTSD that I have suffered from secondary trauma that I experienced with the violence I experienced with my clients, including suffering the retaliation of a perpetrator of violence against a client. who tried to run me down on my crutches as a Social Worker and a Domestic Violence Advocate. Then to experience these acts of violence above me in my apartment where 1 should experience the quiet 26 enjoyment from the stresses and evils of the world. In my own apartment I had to endure this again and 27 again. I made attempts to move away from these tenants and 1 asked for reduced rent, and was told I 28 would need to move entirely out of my apartment into another unit at Monte Bello. I then asked Chris DOUGLAS V. EZRALOW ~m FOR ~3 @ 8  Case ^c2 Document 26 Filed 11/01/24 @ 9 of 24   Robello if I must move to another apartment. If I could move to a three-bedroom unit and was denied access to a three bedroom. To somehow relieve the financial, e~mal and mental pressure I was experiencing during the few short months at Monte Bello.   The rent payment system was flawed, and it had the mountain standard time when I paid my rent. I pointed this flaw out to Chris Robello as this would affect many tenants paying rent on the 5th of the month at the close of business. I never imagined the helplessness I felt of feeling trapped in a lease and experiencing the level of violence above me. It was like living in a war zone and I chose to stay with my son in Antelope, CA to somehow relieve the high anxiety and panic I was feeling for fourteen straight months.   My son Andrew suffered more because he would have to experience the constant acts of violence several days a month. I could not fathom a property management that would delay taking action for such insidious and unwelcome behavior. I have suffered PTSD, anxiety and depression from the helplessness 14 15 I felt that there was never going to be a resolve to this ongoing battle on my home front. 16 17 I also experienced a work case with my current position with the Tribe where a child was murdered by   their mother. This magnified the fear of the unknown at home. That I had to seek out relief through grief and loss at work. I cried every day for three months. To hear from my son Andrew that First Point Management callously said you can just quit your lease. How does anyone just do that in this recession and housing crisis? Like my household had a steep savings plan. When I have only a single income and providing housing for my disabled son. Is this how you problem solve landlord /tenant issues? It costs on an average to move $5000 to $10000 to relocate. I know I did this from Reno, Nevada. I only earned $65,000 a year at the time I moved in. When that was not even enough to be approved for an apartment. But the resolve is just quit your lease? I am also documenting the time I spent away from my home during those fourteen months. But I was still paying rent for days I was not in my apartment. DOUGLAS V. EZRALOW ~m FOR ~3 @ 9  Case ^c2 Document 26 Filed 11/01/24 @ 10 of 24 1 Domestic Violence Incidents from 11/22/22-2/15/2024 2 11/22/22 stayed in Antelope. 3 12/26/22 stayed in Antelope. 4 1/27/23 stayed in Antelope. 5 3/15/23 stayed in Antelope. 6 3/19/23 stayed in Antelope. 7 4/25/23 stayed in Antelope. 8 7/6/23 Stayed. in Antelope 9 7/12/23. stayed in Antelope. 10 7/24/24 stayed in Antelope. 11 8/7/23. Stayed in Antelope 12 8/24/23 stated in Antelope. 13 9/1/23 stayed in Antelope. 14 9/7/23 stayed in Antelope. 15 9/13/23 stayed in Antelope. 16 9/21/23 stayed in Antelope. 17 10/2/23 stayed in Antelope. 18 11/3/23 stayed in Antelope. 19 11/23/23 stayed in Antelope. 20 12/18/23 stayed in Antelope. 21 22 12/30/23 stayed in Antelope returned home and there was a big fight with neighbors. I wanted to go back to Antelope. 23 24 Correspondence with Chris Robello when the Domestic Incidents. 25 11/28/22 report to Chris - Andrew 26 1/15/23 called SAC sheriff report to Chris- Cheryl 27 7/1/23 report to Chris 1:30 AM-Cheryl 28 7/6/23 report and call to patrol 1:00 AM-Chris -Cheryl. DOUGLAS V. EZRALOW ~m FOR ~3 @ 10  Case ^c2 Document 26 Filed 11/01/24 @ 11 of 24 1 10/14/23 report to Chris - Cheryl video 2 10/23 report to Chris 11:30 AM-Cheryl 3 12/30/23 12:00 Pm reported to Chris -Cheryl 4 1/8/24 report to Chris -Cheryl 5 2/15/24 report to Chris -Cheryl 6 7 How does the court put a price on someone's well-being and quiet enjoyment in their own apartment? What is fair and equitable in this situation? As I write this statement of facts I am exhausted 8 e~mally and have found myself being more irritable and depressed. Because of the casualties this has been caused for myself and my son Andrew. The thought of quitting the lease and being penalized 9 10 11 for wanting to leave this resident, being trapped in this residence. While the slow-moving wheels of justice play out. Meanwhile, our Property Management gets assaulted for trying to take control of unruly 12 13 14 tenants at the pool. Does First Point Management even care about their employees? I have experienced how they reach out with a lack of compassion for tenants who just wanted to live in peace and quiet in their own home. 15 I testify under the penalty of perjury, these are a true statement of facts. 16 17 Sincerely, 18 19 Cheryl Douglas 20 21 We have, with diligence exercised all care and precision in our execution of court procedures, 22 23 24 25 26 with regards to our best interests and with regards to our interactions, and contracts and verbal contracts, that we have made with the ^df(s). We have suffered and are now suffering more because of the actions of this court, the negligence, and the subversion of our rights, we are admonishing the court and asking that it exercises greater care and diligence in the seeing that justice is preserved, and prevails, and that relief can be 27 granted and the proper and due process be executed with care. 28 DOUGLAS V. EZRALOW ~m FOR ~3 @ 11    Case ^c2 Document 26 Filed 11/01/24 @ 12 of 24 We hereby declare, certify, verify, and state, under penalty of perjury, under the laws of the Unites States of America that the foregoing is true and correct. 1-24 5 6 DATE 7 ^c ^p IN PROPER 8 9 11.1-24 10 DATE ^a 11 ^p IN PRO PER 12 ^c AND ^a P.O. BOX 278004 13 SACRAMENTO CA, 95827 (916)-365-5434 14 ^e 15 ^c AND ^a, IN PRO PER 16 17   ^c6 DOUGLAS V. EZRALOW ~m FOR ~3 @ 12  1 Case ^c2 Document 26 Filed 11/01/24 @ 13 of 24 2 ^c AND Case No. 2:24-CV-00331 KJM-CKD       ^a, ^ps, V. THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. ACTIVE CROSS-CLAIM ON THIS CASE This case has been claimed in another action; ^avu Case No. ^c3 [PROPOSED ORDER] EX PARTE ~m FOR ~3 22 23 24 25 IT IS ORDERED THAT; SHOWING GOOD CAUSE AND AFTER BALANCE OF EQUITIES - ^pS LIVING IN BLACK MOLD, AFTER VIEWING A SHOOTING, AND ATTEMPTING TO NEGOTIATE RENT 3 TIMES BEFORE COMING TO COURT, AND LIVING FOR 14 MONTHS UNDER A DOMESTIC VIOLENCE SITUATION-WHICH FIRST 26 POINTE MANAGEMENT GROUP EVICTED THE TENANTS RESPONSIBLE FOR THE 27 VIOLENCE ABOVE ^pS APARTMENT- 28 DOUGLAS V. EZRALOW ~m FOR ~3 @ 13  Case ^c2 Document 26 Filed 11/01/24 @ 14 of 24 1 BECAUSE OF THIS 14 MONTHS OF VIOLENCE WHICH WAS COMPLAINED OF FOR 2 3 MANY MONTHS, MANY TIMES BEFORE THE TENANTS CULPABLE OF THE DOMESTIC VIOLENCE 4 5 BECAUSE OF THAT 14 MONTHS WHEN THE ^pS TRIED TO NEGOTIATE RENT 6 AND DILIGENTLY COMPLAINED OF THE BREACH OF QUIET ENJOYMENT 7   THE ^dfS DENIED THEM 3 TIMES ANY RELIEF, AND DENIED NEGOTIATIONS TO HAVE 14 MONTHS CREDITED TO THEIR RENT BEFORE ENGAGING ACTION IN THE COURT-   14 15 THE ACTIONS OF ^dfS IN EVICTING THE PERPETRATORS OF THE DOMESTIC VIOLENCE-IS PRIMA FACIE PROOF, NOT ONLY, BUT BEYOND A REASONABLE DOUBT AND A SURETY THAT THE ^pS QUIET ENJOYMENT WAS INDEED BREACHED. 16 17 18 THREFORE IT IS ORDERED THAT FIRST POINTE MANAGEMENT GROUP LLC, AND ALL NAMED ^dfS WILL NOT MOLEST, RETALIATE AGAINST, ISSUE 19 ORDERS ON THEIR DOORWAY IN FRONT OF THEIR NEIGHBORS, THREATED TO 20 21 22 DESTROY CREDIT, AND WILL ALTOGETHER OBEY THIS COURT ORDER; WITHOUT FURTHER MOLESTATION OF TENANTS RIGHTS--- IN FINE IT IS SO ORDERED, THAT TENANTS ^a AND 23 ^c, CAN WITHHOLD PAYMENTS TO FIRST POΙΝΤΕ MANAGEMENT GROUP LLC, WITHOUT ANY CONTENTION FROM ^dfS AND 24 25 WITHOUT ACRUING ANY DEBT, AND WITHOUT ANY RETALIATION FROM 26 ^dfS. 27 28 DOUGLAS V. EZRALOW ~m FOR ~3 @ 14  1 2 Case ^c2 Document 26 Filed 11/01/24 @ 15 of 24 THIS IS MINIMALLY WHAT THE COURT CAN DO AT THIS TIME TO BEGIN TO REPAIR THE DAMAGES DONE.   THEY ARE GRANTED 14 MONTHS AS TENANTS, ELIGIBLE FOR ALL MAINTENANCE AND ALL RESPECT AS ANY OTHER TENANT PAYING FOR THEIR DWELLING, AND WILL NOT BE TREATED SEPERATELY. 7   11 12 Lastly, ^ps are granted leave by the court, or allowed to waive service and notice of this ~m upon the ^dfs, pursuant to FRCP Rule 5(a)(2) which reads; (2) If a Party Fails to Appear. No service is required on a party who is in default for failing to 13 14 15 appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4. 16 17 18 IT IS SO ORDERED. 19 DATED: 20   HONORABLE Carolyn K. Delaney ^xS LIST DOUGLAS V. EZRALOW ~m FOR ~3 @ 15  1 Case ^c2 Document 26 Filed 11/01/24 @ 16 of 24 2   B 9     DIGITAL ^x A THIS IS A VIDEO TIME LINE OF EVENTS FROM DOCKET ITEM 8 REQUEST FOR ENTRY OF DEFAULT TO DECLINE DOCKET ITEM 11 APPEAL - "APPEARANCE OF X ATTORNEY ΤΟ COURT NOT TO US BECAUSE WE WERE NEVER NOTICED OR SERVED THEY DID NOT APPEAR TO US DOCKET 16 ~m DATE CREATED FOR X APPEARANCE (EVEN THO THEY ARE DEFAULTED) AFTER X APPEARS THEN THE JUDGE TURNS OUR APPEAL INTO AN ADVERSERIAL CONTEST, WITH AN ADVERSARY THAT HAS NOT NOTICED US OF ANY ACTION, PLEADING, WE RECEIVED NO SERVICE BY MAIL, AND NEVER HAVE CONSENTED TO ELECTRONIC SERVICE 28 DOUGLAS V. EZRALOW ~m FOR ~3 @ 16  1 Case ^c2 Document 26 Filed 11/01/24 @ 17 of 24 2     24 25 OUR APPEAL IS UNDERMINED BY SLEIGHT OF HAND, WE WERE NEVER GIVEN ANY NOTICE, NEVER CONESNTED ΤΟ ELECTRONIC NOTICE, HOW ARE WE SUPPOSED TO ACCEPT THAT OUR ~m DATE WHICH SUBJЕСТ МАТTER IS between us and A DECISION OF THE COURT? IF WE HAD OURS BEFORE – THIS (ADVERSERIAL CONTSEST) WOULD HAVE BEEN OKAY – IF WE WERE NOTICED (BY X ATTORNEY OF RESPONSIVE PLEADING. BUT NEITHER HAPPENED. JUDGE CKD Carolyn K. Delaney. ORDERS OUR APPEAL HEARING TO BE MERGED INTO AN ADVERSERIAL CONTEST TO SUBVERT AND DESTROY OUR RIGHT TO APPEAL TRYING TO RED HERRING THE ISSUE BETWEEN US AND THE COURTS JUDGEMENT THIS ALL HAPPENED BEFORE ANY X ATTORNEY APPEARS TO --- COURT. 26 27 28 DOUGLAS V. EZRALOW ~m FOR ~3 @ 17        Case ^c2 Document 26 Filed 11/01/24 @ 18 of 24 OUR APPEAL WAS FILED BEFORE ANY PRESUMPTIVE ANSWER. THEREFORE OUR APPEAL SHOULD NOT ONLY HOLD BY VIRTUE OF IT BEING AN APPEAL BUT --- BECAUSE WE ~mED BEFORE. INSTEAD – HAVING KNOWLEDGE OF - THE BINDING AUTHORITY WHICH Carolyn K. Delaney. IS BOUND TO, SHE SHIELDS THE COURT FROM LIABILITY, RED HERRINGS OUR APPEAL INΤΟ ΑΝ ADVERSERIAL CONTEST, AND THEN DESTROYS THE APPEAL, BETRAYING US WITH A KISS MAKING IT LOOK LIKE SHE IS EXTENDING TO US A GIFT BY LETTING US HAVE 14 MORE DAYS TO RESPOND TO PLEADINGS WE WERE NEVER NOTICED OF DOCKET ITEM 19 SUBVERSION OF RIGHTS OF APPEAL MERGING OUR APPEAL [SUBJECT MATTER APPEAL – ^p BEGINS ACTION TO COURT ORDER RE DOCKET ITEM 10 CLERK OVERCOMES PROOF OF SERVICE, WHICH 9TH CIRCUIT RULES -- 28 DOUGLAS V. EZRALOW ~m FOR ~3 @ 18    7 B 9   24 Case ^c2 Document 26 Filed 11/01/24 @ 19 of 24 THAT PROOF OF SERVICE CANNOT BE OVERCOME EXCEPT BY MUCH EVIDENCE DOCKET ITEM – THINGS HAVE MOVED AROUND IN DOCKET SOMETHING IS MISSING, THIS ALSO HAPPENED IN AMAZON CASE TO DOCKET ITEM 20 – DESTRUCTION OF RIGHTS OUR APPEAL WAS SUBVERTED – THE ONLY TIME THIS COURT HAS EVER LET ME HAVE A CHANCE TO HAVE A HEARING-OR A ~m IN BOTH MY CASES IF IT WERE A “SURPRISE" --- HEARING – - SHE NOT ONLY DID NOT HAVE THE RIGHT TO SUBVERT OUR APPEAL ~m BUT COMPLETELY DESTROYS --- IT. BECAUSE WE RIGHTFULLY DID NOT RESPOND TO DOCUMENTS WE WERE NEVER SERVED.   DOUGLAS V. EZRALOW ~m FOR ~3 @ 19  1 2 Case ^c2 Document 26 Filed 11/01/24 @ 20 of 24       ADDITIONALLY – SHE CREATED AN ILLEGAL COURT ORDER TO COVER THIS UP TO RED HERRING DISTRACT US FROM OUR RIGHTS BEING DESTROYED AND FORCED US TO RESPOND, IF WE SOULD HAVE RESPOND, TO THE SUBJECT MATTER THAT THE DEFENSE OR X ATTORNEY SENT ELECTRONICALLY TO - THE court – THEN IT WOULD BE AN ACCEPTANCE TO ELECTRONIC NOTICE. CONSENT – AND WE WOULD BE BOUND INTO THAT CONTEST INSTEAD OF FIRST RESOLVING OUR APPEAL.--- --- AT ANY RATE OUR APPEAL WAS SCHEDULED TO BE RESOLVED BEFORE THEY APPEARED AND JUDGE Carolyn K. Delaney. MANIUPLATING ALL THIS FOR A PARTY IN DEFAULT – TO SHIELD THE COURT IS DISGUSTING AND WRONG. THEY WERE IN DEFAULT – HOW IS IT WE DID EVERYTHING RIGHT, THEY DID EVERYTHING WRONG – AND Carolyn K. Delaney. TRIES TO BURY US – AND 28 DOUGLAS V. EZRALOW ~m FOR ~3 @ 20  Case ^c2 Document 3 Filed 02/20/24 @ 2 of 3 AO 240 (Rev. 07/10) Application to Proceed in ~dc Without Prepaying Fees or Costs (Short Form) 4. Amount of money that I have in cash or in a checking or savings account: $ 314.00 5. Any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value that I own, including any item of value held in someone else's name (describe the property and its approximate value): 401k 23,076.4 TOTAL $5,405.29 monthly expenses (describe and provide OIL Change $223.25 6. Any housing, transportation, utilities, or loan payments, or other regular monthly the amount of the monthly expense): Pescriptions $100.00 Rent $2398 USG $180.00 Credit Card Payments $389.26 Utilities $488 Groceries $ 400 PHONE $126.00 Sirius lados. 09.49 Net Flix 19.99 Car Payment $959 Car Insuranse $305.00 Itulu 7. Names (or, if under 18, initials only) of all persons who are dependent on me for support, my relationship with each person, and how much I contribute to their support: Andrew ~h Adult Disabled Veteran Father's Funeral $1,534.61 8. Any debts or financial obligations (describe the amounts owed and to whom they are payable): #33,097. Student Loan Student Loan #81,094 Auto Loan # 33,097. Mountain america 9.99 Nevada Ekdricity Creditor Debt $314 Comcast Credit Card Debt $6,780 Creditor Debte $ 121, 285 7 Capital  Capital ONe Walmart. Americana Express Kohls. Declaration: 1 declare under penalty of perjury that the above information is true and understand that a false statement may result in a dismissal of my claiıns. Date: 2-6-2024 Chu  Applicant's signatu ^c Printed name  To Our Judge 24-cv-00331-KJM-CKD Document Originally My mother had mailed her application for fee waiver an February 6th 2024 After she had Returned from her father's had funeral in Arizona. I had tested her the wrong address, 510 I street, instead of 501. we apologize for this inconvenience and have attached a photo copy of the returned mail, are providing it today, and February 20th 2024, In person at the Clerks window, at the federal Court. Additionally my mother forgot to add the following Expenditures- Gasoline $300-400 per month Clothing for Work every Six months ~$300 Thank you! Cabi Andrew ~h - feb 20, 2024 4001 South Watt Ave #179 Sacramento, CA 95826 C,Douglas FIRST-CLASS US POSTAGEIMIPITNEY BOWES ZIP 95624 0006119608 02 7H 510 I Street, Ste 4-200 ~2 ~dc Sacramento, CA NIXIE 958 DC 1 95814 RETURN TO SENDER FEB 06 21024 $000.69° 0002/15/24 UNABLE TO FORWARD INSUFFICIENT ADDRESS Filed 02/20/24 @ 3 of 3 VI -258764497 BC: 95826449729 *1141-06428-07-41 יייייייין  Case ^c2 Document 4 Filed 05/07/24 @ 1 of 3   7 8 9 ~2 ~dc FOR THE ~ed 10 11 ^c, et al., No. ^c2 (PS) 12 ^p, 13 V. ORDER 14 15 THE EZRALOW COMPANY LLC, et al., ^dfs. 16 17 ^ps ^c and ^a proceed without counsel and 18 seek to proceed in forma pauperis. This matter is before the undersigned pursuant to Local Rule 19 302(c)(21). See 28 U.S.C. § 636(b)(1). 20 21 To commence a civil action, along with the complaint, a ^p or ^ps must either 22 pay the $350.00 filing fee and the $55.00 administrative fee or request leave to proceed in forma pauperis (“IFP”). See 28 U.S.C. §§ 1914(a), 1915(a). “Where there are multiple ^ps in a 23 single action, the ^ps may not proceed in forma pauperis unless all of them demonstrate 24 25 inability to pay the filing fee.” Darden v. Indymac Bancorp, Inc., No. CIV S-09-2970 JAM DAD, 2009 WL 5206637, at *1 (E.D. Cal. Dec. 23, 2009); see also Hampton v. City of Pomona Police 26 Dep't, No. 2:22-cv-09430-FWS-ADS, 2023 WL 3317063, at *1 (C.D. Cal. Jan. 12, 2023) 27 (denying IFP applications where one ^p did not sufficiently demonstrate an inability to pay 28 the filing fee and still afford the necessities of life). 1  Case ^c2 Document 4 Filed 05/07/24 @ 2 of 3   7 A ^p seeking leave to proceed in forma pauperis must submit an affidavit demonstrating inability to pay the filing fee, which must include a statement of all the ^p's assets and demonstrate the affiant's poverty “with some particularity, definiteness, and certainty.” ~2 v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981). “An affidavit in support of an IFP application is sufficient where it alleges that the affiant cannot pay the court costs and still afford the necessities of life.” Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (citation omitted). While § 1915(a) does not require a litigant to demonstrate absolute destitution, Adkins 8 v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948), the applicant must nonetheless 9 10 11 show that he is “unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a). If the court determines “the allegation of poverty is untrue,” the court “shall dismiss the case.” 28 U.S.C. § 1915(e)(2). 12 13 14 Here, ^p Douglas and ^p ~h filed separate applications in support of their requests to proceed in forma pauperis. (ECF Nos. 2, 3.) ^ps do not make the requisite showing of poverty to be granted leave to proceed in forma pauperis. 15 ^p Douglas' affidavit does not support a finding that ^p Douglas was unable to 16 17 pay the court costs and still afford the necessities of life when ^ps filed this suit. (See ECF No. 3.) At the time ^ps filed the suit, ^p Douglas had $314.00 in a checking or savings account and $23,076.24 invested in a 401K. Significantly, ^p Douglas earned $3,846.15 in   gross pay or wages every two weeks and $2,853.25 in take home pay or wages every two weeks. Although ^p Douglas listed several debts and financial obligations, as well as expenses in the amount of $5,405.00 per month, the listed expenses reflect far more than the bare necessities of life. In addition, ^p Douglas had a net-positive monthly source of money even with the listed expenses.¹ 1 ^p Douglas lists ^p ~h as a dependent (adult disabled veteran), but ^p ~h has income in the amount of $1,182 per month and indicates he is paying his own expenses including $800 in rent and $300 in utilities and miscellaneous. It is unclear whether ^p ~h pays this amount for rent and utilities in connection with the apartment the ^ps rented together for $2,398. (See ECF No. 1, Verified Complaint, ¶¶¶ 3, 13.) If so, then the court would question whether the ^ps' monthly expenses are accurately listed because ^p Douglas' affidavit sets forth the full $2,398 rent payment as a monthly expense and both 2  Case ^c2 Document 4 Filed 05/07/24 @ 3 of 3 While § 1915(a) does not require a litigant to demonstrate “absolute destitution,” Adkins,   335 U.S. at 339, the applicant must nonetheless show inability to pay the fees. 28 U.S.C. § 1915(a). The court recognizes neither ^p had more than $314.00 in a checking or savings account at the affidavits were filed. However, the court also considers ^ps' income and expenses, which demonstrate they do not make the requisite showing of poverty to be granted leave to proceed in forma pauperis. 7   ^ps will be granted 30 days in which to submit the appropriate filing fee and administrative fee to the Clerk of the Court. ^ps are cautioned that failure to pay the court costs will result in a recommendation that the applications to proceed in forma pauperis be denied and the present action be dismissed without prejudice.   For the reasons set forth above, ~o that, within thirty (30) days from the date of this order, ^ps shall submit the appropriate filing fee and administrative fee. Dated: May 6, 2024 14 Caroh 1. Delamy CAROLYN K. DELANEY 15 ~2 ^mj 16 8 17 Douglas24cv311.ifp   ^ps claim responsibility for utilities with ~h being responsible for “utilities misc” in the amount of $300, ^p Douglas being responsible for utilities in the amount of $488 (exclusive of phone), and ^p Douglas including a further monthly expense of $180 for “WSG” which, without further explanation, the court will infer to mean water, sewer, and gas. It is unnecessary to obtain clarification on these points because even assuming the ^ps' income and expenses are accurately listed, ^ps do not meet the standard to proceed to proceed without prepayment of fees under 28 U.S.C. § 1915(a). 3  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [4] Order served on ^c, ^a. (Benson, A.) 11/19/2024, 3:25 AM  Case ^c2 Document 5 Filed 06/07/24 @ 1 of 3 ^c6 ^c, et al., VS. The Ezralow Company LLC, et al., TO: Bryan Ezralow, Marc Ezralow, First Pointe Management Group LLC, Leslie Huffman, Chris Robello, The Ezralow Company LLC, Stacy White ^df's Address: CASE NO: ^c2 SUMMONS IN A CIVIL CASE YOU ARE HEREBY SUMMONED and required to serve on: ^c P.O. Box 278004 Sacramento, CA 95827 an answer to the complaint which is served on you with this summons, within 21 days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service. KEITH HOLLAND CLERK ITED STATES DISTRICT CO /s/ A. Woodson (By) DEPUTY CLERK * * astern District of California ISSUED ON 2024-06-07 15:02:56 CLERK, USDC EDCA  Case ^c2 Document 5 Filed 06/07/24 @ 2 of 3  Case ^c2 Document 5 Filed 06/07/24 @ 3 of 3 RETURN OF SERVICE DATE Service of the Summons and complaint was made by me (1) NAME OF SERVER (PRINT) TITLE Check one box below to indicate appropriate method of service TRAVEL Served personally upon the ^df. Place where served: Left copies thereof at the ^df's dwelling house or usual place of bode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: Returned unexecuted: Other (specify) : STATEMENT OF SERVICE FEES SERVICES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the ~1 that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Date Signature of Server Address of Server    Case ^c2 Document 6 Filed 06/07/24 @ 1 of 3 ~2 ~dc FOR THE ~ed 11 ^c, 12 13 V. NO. ^c2 PS ^p, INITIAL SCHEDULING ORDER 14 THE EZRALOW COMPANY LLC, ET AL.,   ^df. This action has been assigned to District Judge Kimberly J. Mueller and ^mj 18 Carolyn K. Delaney. Because at least one party proceeds without the assistance of counsel, the Local 19 Rules dictate the ^mj will (1) resolve all non-dispositive matters, and (2) conduct all 20 hearings and issue findings and recommendations on any dispositive matters. See Local Rule 302(c)(21). 21 Should the parties wish to consent to the jurisdiction of the ^mj for all purposes, 22 including for the entry of final judgment, they may do so using the court's “Consent to Assignment or 23 Request for Reassignment" form. See 28 U.S.C. § 636(c). There is no obligation to consent, and under 24 Federal Rule of Civil Procedure 73(b)(1), the judges will not be notified of a party's choice unless all 25 parties have consented. 26 Because a consent designation assists the court in determining how the action will be 27 administratively processed, the parties are instructed to make their election and notify the Clerk of the 28 Court as soon as practicable.      Case ^c2 Document 26 Filed 11/01/24 @ 21 of 24 DESTROY OUR RIGHTS BY BEING AN --- AUTHOR OF CONFUSION. - THIS SHOWS CIRCUMSTANTIAL EVIDENCE OF CONSPIRACY BETWEEN THE ATTORNEY FOR THE ^dfS AND THE ACTIONS OF THE JUDGE BECAUSE A REAL JUDGE WOULD NOT BE INCLINED TO ADD SO MANY FAVORS TO A defaulted party – AND - 14     DOUGLAS V. EZRALOW ~m FOR ~3 @ 21        Case ^c2 Document 26 Filed 11/01/24 @ 22 of 24 ^x X – FULL FILING COMPLETED NOV 2 2024 DOUGLAS V. EZRALOW ~m FOR ~3 @ 22  11/1/24, 2:08 PM Gmail - ~h V. The ~1 Case ^c2 Document 26 Filed 11/01/24 @ 23 of 24 Azrael EluiMelkiTzedek \u003Cazrael7x77@gmail.com\u003E MGmail ~h V. The ~1 4 messages Azrael EluiMelki Tzedek \u003Cazrael7x77@gmail.com\u003E Fri, Nov 1, 2024 at 11:33 AM To: Azrael EluiMelki Tzedek \u003Cazrael7x77@gmail.com\u003E, Andrew \u003CAndrew. G.~h@gmail.com\u003E, ^e, I~h@live.com, cheryld6119@live.com, Olenickyale@gmail.com, pr@mod.gov.il, de@mod.gov.il, moke@mail.gov.il, conset@washington.mfa.gov.il, international.civil@gmail.com, press@wikileaks.org, international@greau.com, copyright@youtube.com, seam@amazon.com, legal@youtube.com, legal@google.com, legal@tesla.com, @knesset.gov.il, mmm@knesset.gov.il, gavin.newsom@gov.ca.gov, google-legal- support@google.com, support@google.com, dpo@tesla.com, accommodatioart@tesla.com, press@tesla.com Cc: legal@google.com Greetings; my name is Andrew. If you have received this email you or the department that receives this email, is related to this case either by witness, or via Security, Cyber Security or Transparency. See Attachments 1 - ~h V. The ~1 - Lawsuit **original pending amendment soon see ** below Wikileaks - Forward to Julian Assange, SPEKTRE, transparency is of utmost importance, for my survival and for justice, and for the integrity of the Constitution and accountability, you will be sent different communications over the TOR node(s) to ensure the delivery of this from this source; as there is evidence and concern of CIA / FBI meddling to suppress, censor, and interfere with my communications. We need to make sure that this gets sent to everyone on this e-mail's primary contact, primary recipients. Else the Government of the ~2, will have free reign to suppress, manipulate, subvert, and destroy the forthcoming information, and the overall execution of my Constitutional Rights. Thank you. Israel - If you are an agency with the nation of Israel, please forward this to the Mossad (although they will be receiving another copy via mossad.gov.il with Google Drive links) also forward to the Chief 3 of the Knesset, and Benjamin Ben-BenZion Netanyahu as prime witness. CAL GOV - If you are a state agency aka Gavin Newsom or office of Gavin Newsom be sure to forward this to Gavin, as he is particularly responsible for oversight, witness, and accountability for the execution of certain affairs within the State of California. LDS CHURCH - Forward to the First Presidency for prime Witness GOOGLE - You have received a separate transmission via Google Cloud Cyber Security from andrew ~h, and the instructions related are their as per your responsibility in maintaining the cybersecurity and privacy and protecting the integrity of documents that are ^xs via YouTube and Cloud ^xs, and my protecting the overall my overall privacy, that it be not violated and my rights be not infringed. TESLA - Elon Musk is called as MISC - You are called to witness. .........e Government Claim, forward the information appropriately. @ 30 of 31 of the PDF ** If you are receiving this email, you are receiving this transmission as a form of witnesses and documentation and archival of Data of and or Related to the legal proceeding captioned in the subject bar-- this filing is also the rough draft which has to be filed in haste and will be amended soon (5-7 days as granted through the Federal Rules of Civil Procedure, granting the complaint to be amended at Liberty, once before the ^df responds** (see FRCP) 1 - ~h V. THE ~1.pdf 689K YouTube Copyright \u003Cyoutube-disputes+2aq3f0yf7Id7f0q@google.com\u003E Reply-To: YouTube Copyright \u003Cyoutube-disputes+2aq3f0yf7ld7f0q@google.com\u003E To: azrael7x77@gmail.com Hello, Thanks for contacting the YouTube Copyright compliance team. Fri, Nov 1, 2024 at 11:34 AM If you believe your copyrighted content is being used without authorization, you may submit a copyright takedown notice through our webform. You can find the requirements for copyright takedown requests, and information about our copyright policy, in our Copyright Center. Please make sure that you've provided us with all of the required information in order to process your request. If you have concerns relating to harassment, your privacy, safety, or other abuse issues, please visit our Policy and Safety Hub to help you better understand your situation and where to report such content. Alternatively, you may submit a complaint regarding other legal issues (including trademark and defamation). Regards,   1/2  11/1/24, 2:08 PM Gmail - ~h V. The ~1 The YouTube Legar &2:cv-00331-KJM-CKD Document 26 Filed 11/01/24 @ 24 of 24 Azrael EluiMelki Tzedek \u003Cazrael7x77@gmail.com\u003E Fri, Nov 1, 2024 at 11:35 AM To: YouTube Copyright \u003Cyoutube-disputes+2aq3f0yf7ld7f0q@google.com\u003E read the e-mail, and its information pertaining to google and the sensitive legal information you are hosting. thank you. [Quoted text hidden) NoReply \u003C1299@mail.gov.il\u003E Fri, Nov 1, 2024 at 11:36 AM To: Azrael EluiMelki Tzedek \u003Cazrael7x77@gmail.com\u003E ساعات العمل: من الأحد حتى الخميس 08:00-19:00 1299 رقم الهاتف للاتصال بنا מענה ממשלתי מרכזי logoresized.png 34K שלום רב, פנייתך התקבלה ותענה בהקדם. הפניות למוקד מענה ממשלתי מרכזי נשמרות לצורך בקרה ושיפור השירות. לתשומת ליבך - לא ניתן להשיב למייל זה. במידת הצורך, ניתן לשלוח מייל: בנושאי שירות ומידע - לכתובת הדואר האלקטרוני moked1299@mail.gov.il בנושאי תמיכה הטכנית - לכתובת הדואר האלקטרוני: moked@mail.gov.il בברכה, צוות השירות והמידע - המענה הממשלתי המרכזי. שעות הפעילות : ימים ראשון עד חמישי בין השעות 8:00-19:00 מספר הטלפון ליצירת קשר: Часы работы: С воскресенья по четверг 08:00-19:00 номер телефона для связи с нами: 1299 Operating hours: Sunday to Thursday 08:00am-7:00pm Phone number: 1299 1299   2/2  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 26: ~m for ~3 by ^c, ^a. ~m Hearing set for 11/13/2024 at 10:00 AM in Courtroom 24 (CKD) before ^mj Carolyn K. Delaney. (Kyono, V) 11/19/2024, 3:38 AM  Firefox 1 of 1   ### MINUTE ORDER ### Full docket text for document 28: CERTIFICATE / PROOF of SERVICE by The Ezralow Company LLC re [16] ~m to Quash. (Truong, Tiffany) 11/19/2024, 2:55 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 27: MINUTE ORDER issued by Courtroom Deputy, L. Kennison for ^mj Carolyn K. Delaney on 11/5/2024: The court is in receipt of ^ps' [26] ~m for ~3 filed on 11/1/2024. ^ps' ~m is deficiently noticed for a hearing to take place on 11/13/2024 and must be reset to a different hearing date. Local Rule 230(b) provides: a ~m "shall be set for hearing... not less than thirty-five (35) days after service and filing of the ~m." Accordingly, the court RESETS the hearing on ^ps' ~m to take place on 12/11/2024, at 10:00 AM via Zoom before Chief ^mj Delaney. (Text Only Entry) (Kennison, L) 11/19/2024, 3:39 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [27] Minute Order served on ^c and ^a. (Kennison, L) 11/19/2024, 3:39 AM  Firefox 1 of 1   ### MINUTE ORDER ### Full docket text for document 27: MINUTE ORDER issued by Courtroom Deputy, L. Kennison for ^mj Carolyn K. Delaney on 11/5/2024: The court is in receipt of ^ps' [26] ~m for ~3 filed on 11/1/2024. ^ps' ~m is deficiently noticed for a hearing to take place on 11/13/2024 and must be reset to a different hearing date. Local Rule 230(b) provides: a ~m "shall be set for hearing... not less than thirty-five (35) days after service and filing of the ~m." Accordingly, the court RESETS the hearing on ^ps' ~m to take place on 12/11/2024, at 10:00 AM via Zoom before Chief ^mj Delaney. (Text Only Entry) (Kennison, L) 11/19/2024, 2:53 AM  1 Case ^c2 Document 28 Filed 11/06/24 @ 1 of 3 Tiffany D. Truong (SBN: 292463) John Barbar (SBN: 334027) KIMBALL, TIREY & ST. JOHN LLP 2 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP 7 8 Attorneys for Specially Appearing ^dfs, (erroneously sued as First Pointe Management Group LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW 9 ~2 ~dc 10 FOR THE ~ed 11 12 Case No.: ^c2 13 ^c, et al., 14 ^ps, 15 AMENDED PROOF OF SERVICE RE: ^dfS' NOTICE OF ~m AND ~m TO QUASH SERVICE OF SUMMONS ALL SUPPORTING DOCUMENTS VS. 16 17 18 THE EZRALOW COMPANY, LLC, et al., ^dfs. 19 20 21 AMENDED PROOF OF SERVICE REGARDING ~m PAPERS 22 I, Beverly Banner, declare: 23 24 I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017.   I served the following document(s): ^dfS' NOTICE OF ~m AND ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF STACEY WHITE; REQUEST FOR JUDICIAL NOTICE AND PROPOSED ORDER 1 AMENDED PROOF OF SERVICE RE: ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT KIMBALL, TIREY & St. John Attorneys At Law Los Angeles  Case ^c2 Document 28 Filed 11/06/24 @ 2 of 3 1 on the following parties: 2 ^c and 3 ^a P.O. Box 278004 4 Sacramento, СА 95827 5 6 XX 7   11 XX 12 13 Email:^e on September 25, 2024 as follows: (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service."
   },
   {
     "id": 8,
     "text": "Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. (BY ELECTRONIC SERVICE) The parties listed above were served electronically with the document(s) listed above by e-mailed PDF files. I electronically transmitted the document(s) listed above to the person(s) on the attached Service List by electronic mail (e-mail) to the e-mail addresses listed on the attached Service List. The transmission was reported as complete and without error. My e-mail address is beverly.banner@kts- law.com 14 AND additionally, on November 6, 2024, I served said documents as follows: 15 XX 16 17 18 BY FIRST-CLASS MAIL I deposited such envelope(s) for processing in the mailroom in our offices. I am “readily familiar” with the firm's practices of collection and processing correspondence for mailing. Under that practice it will be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles. I am aware service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing an affidavit. 19 20 21 I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on November 6, 2024, at Los Angeles, California. 22 23 24 /s/ Beverly Banner Beverly Banner   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 2 AMENDED PROOF OF SERVICE RE: ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT  Case ^c2 Document 28 Filed 11/06/24 @ 3 of 3   PROOF OF SERVICE I, Beverly Banner, declare: I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd, Suite 1650, Los Angeles, CA 90017. 5 On November 6, 2024, I served the following document(s): 6 7 AMENDED PROOF OF SERVICE RE: ^dfS' NOTICE OF ~m AND ~m TO QUASH SERVICE OF SUMMONS AND ALL SUPPORTING DOCUMENTS 8 on the following parties: 9 ^c and 10 ^a P.O. Box 278004 11 Sacramento, CA 95827 Email:^e 12 13 XX 14   XX 18 19 20   (BY ELECTRONIC SERVICE) The parties listed above were served electronically with the document(s) listed above by e-mailed PDF files. I electronically transmitted the document(s) listed above to the person(s) on the attached Service List by electronic mail (e-mail) to the e-mail addresses listed on the attached Service List. The transmission was reported as complete and without error. My e-mail address is beverly.banner@kts- law.com BY FIRST-CLASS MAIL I deposited such envelope(s) for processing in the mailroom in our offices. I am "readily familiar” with the firm's practices of collection and processing correspondence for mailing. Under that practice it will be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles. I am aware service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing an affidavit. I declare under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Executed on November 6, 2024, at Los Angeles, California. /s/ Beverly Banner 25 26 Beverly Banner 27 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 1 AMENDED PROOF OF SERVICE  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 28: CERTIFICATE / PROOF of SERVICE by The Ezralow Company LLC re [16] ~m to Quash. (Truong, Tiffany) 11/19/2024, 3:40 AM  1 2 Case ^c2 Document 29 Filed 11/13/24 @ 1 of 8   8 9 ~2 ~dc FOR THE ~ed 10 11 ^c, et al., No. ^c2 (PS) 12 ^ps, 13 V. ORDER 14 THE EZRALOW COMPANY LLC, et al., 15 ^dfs. 16 17   22 23 ^ps proceed without counsel on a fee-paid complaint seeking damages and injunctive relief. (ECF No. 1.) On August 28, 2024, ^ps filed an ex parte ~m styled as a ~m for relief from an order based on clerical mistakes under Rule 60(a) of the Federal Rules of Civil Procedure. (ECF No. 11.) In the ~m, ^ps seek relief from the Clerk's decline of their request for entry of default as to ^dfs Bryan Ezralow, Marc Ezralow, Leslie Huffman, Chris Robello, and the Ezralow Company LLC. Specially appearing, the ^dfs opposed the 24 ~m. (ECF No. 18.) The court previously found this matter suitable for decision without oral 25 argument under Local Rule 230(g) and took the matter under submission. (ECF No. 20 at 2.) 26 27 Upon reviewing the return of service filed, the court finds no mistake to correct under Rule 60(a) and denies the ~m. 28 //// 1  Case ^c2 Document 29 Filed 11/13/24 @ 2 of 8 1 ^ps' other pending ~ms filed ex parte on October 30, 2024, and October 31, 2 3 2024 (ECF Nos. 21, 22, 23, 24) are also before the court. These ~ms are also suitable for decision without oral argument. The court vacates the hearing set to take place on December 4, 4 2024, and grants, in part, ^p's ex parte ~ms as set forth below. 5 6 Ex Parte Rule 60(a) ~m filed on October 28, 2024 The single return of service filed on June 26, 2024, indicates summons and complaints 7 were served by ^l as follows: 8 Served upon agent or employee of First Pointe/Management group 7 copies of lawsuit and summons. At leasing office 4001 S Watt Ave 9 Sacramento, CA 95826 all ^dfs served. 10 (ECF No. 7.) Upon ^ps' request for entry of default as to all ^dfs, the Clerk of the 11 12 Court entered default against two ^dfs: First Pointe Management Group LLC and Stacy White.¹ (ECF No. 9.) The Clerk declined ^ps' request for entry of default as to Bryan 13 14 15 16 Ezralow, Marc Ezralow, Leslie Huffman, Chris Robello, the Ezralow Company LLC for the following reason: “The clerk hereby declines to enter due to Unable to determine if summons was appropriately served based on the documents filed.” (ECF No. 10.) ^ps seek relief from the Clerk declining to enter default as to those ^dfs. 17 18 19 Under Rule 55(a) of the Federal Rules of Civil Procedure, "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default." 20 Rule 60(a) of the Federal Rules of Civil Procedure provides as follows: 21 22 23 (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on ~m or on its own, with or without notice. [....] 24 Fed. R. Civ. P. 60(a). 25 As to the individual ^dfs-Bryan Ezralow, Marc Ezralow, Leslie Huffman, and 26 27 28 1 In another pending ~m, ^dfs Stacey White and First Pointe Management Group, LLC moved to set aside the Clerk's entry of default. (ECF No. 14.) In the same ~m, all ^dfs, specially appearing, moved to quash service of summons. (Id.) As discussed further in this order, briefing on this ~m is ongoing. 2  Case ^c2 Document 29 Filed 11/13/24 @ 3 of 8   7 Chris Robello-service of an individual may be completed under state law, or by one of the following methods: delivering a copy of the summons and the complaint to the individual personally, leaving a copy of each at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there, or delivering a copy of each to an agent authorized by appointment or by law to receive service of process. Fed. R. Civ. P. 4(e). Under California law, for individual ^dfs, service of process may be made by personal delivery to the individual. Cal. Code Civ. P. § 415.10. In addition, service may be made by mail if sent with 8 9 two copies of the notice and acknowledgement provided in Cal. Code Civ. P. § 415.30(b) and a return envelope, postage prepaid, addressed to the sender. 10   14 15 16 The return of service does not indicate any of these methods were completed. As discussed further below, the mere claim “all ^dfs served” does not establish proof of service. While the return of service appears to indicate the method of service was personal delivery, the personal delivery was made to an unnamed person at an address not alleged to be the dwelling or usual place of abode of any individual ^df. Thus, the court finds no clerical mistake or mistake arising from oversight or omission to be corrected in the Clerk's decline of default as to Bryan Ezralow, Marc Ezralow, Leslie Huffman, and Chris Robello. 17   22 As to the Ezralow Company LLC, a corporation, partnership, or association may be served in the manner prescribed by Rule 4(e)(1) for serving an individual, or “by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and--if the agent is one authorized by statute and the statute so requires--by also mailing a copy of each to the ^df[.]" Fed. R. Civ. P. 4(h)(1). 23   The return of service does not indicate ^df The Ezralow Company LLC was served. Instead, the return of service indicates copies of the summons and complaint were served upon an “agent or employee of First Pointe/Management group” (ECF No. 7) and does not similarly refer to any agent or employee of The Ezralow Company LLC. Service on the agent or employee of ^df First Pointe Management Group LLC does not constitute proper service on Bryan Ezralow, Marc Ezralow, Leslie Huffman, Chris Robello, or the Ezralow Company LLC. Thus, 3  1 2 Case ^c2 Document 29 Filed 11/13/24 @ 4 of 8 ^ps have not submitted a signed return of service reflecting service on any of the five ^dfs at issue in the present ~m. 3 ^ps argue that they are entitled to have their pleadings liberally construed. (ECF No. 4 5 11 at 4.) They argue the complaint alleged that each individual ^df is an employee of First Point Management Group LLC (“FPMG”), and the Ezralow Company LLC (“EZRA”) is the 6 partner, or parent company of FPMG. (ECF No. 11 at 3.) The court also notes paragraph 21 of the 7 ^ps' complaint alleges as follows:   16 ^p ^a, asked Stacy White where he can serve the lawsuit or upon whom. Stacy White told ^p that he can serve the lawsuit directly to the Montebello Apartments office, where he lives. ^p is a disabled Veteran and is pleading for leniency in serving the Parties named, as they are together enjoined in a conglomerate; and all together function under the umbrella of, or directly with, The Ezralow Company LLC and the First Pointe Management Group LLC. (ECF No. 1, ¶ 21.) First, “even if a person states that he or she is authorized to accept service, that is not proof that the person actually has the authority to do so.” Hupp v. San Diego Cnty. Dist. Atty., No. 12-CV-492-IEG RBB, 2012 WL 2887229, at *3 (S.D. Cal. July 12, 2012) (quoting United 17 18 19 20 States CFTC v. Paron Capital Mgmt., LLC, No. No. C 11–4577 CW, 2012 WL 1156396, at *2 (N.D. Cal. Apr. 6, 2012); see also McCain v. Stockton Police Dep't, No. CIV S–10–3170 JAM CKD, 2011 WL 4710696, at *8-9 (E.D. Cal. Oct. 4, 2011) (finding proof of service insufficient even though the process server submitted a declaration stating the receptionist told him she could   25 accept service on behalf of the ^df), adopted by 2011 U.S. Dist. LEXIS 134952 (E.D. Cal. Nov. 22, 2011). Second, the court cannot rely on the complaint's factual allegations to find proper service under Rule 4 of the Federal Rules of Civil Procedure. The court will liberally construe ^ps' pro se pleadings and the factual allegations contained therein for the purpose of determining whether a claim is stated. However, proper service of the summons and complaint on 26 a ^df is necessary to establish the court's personal jurisdiction over the ^df. See 27 Direct Mail Specialists, Inc. v. Eclat Computerized Techs., Inc., 840 F.2d 685, 688 (9th Cir. 28 1988). Without “substantial compliance" with Rule 4, “neither actual notice nor simply naming 4  1 2 Case ^c2 Document 29 Filed 11/13/24 @ 5 of 8 the ^df in the complaint will provide personal jurisdiction.” Benny v. Pipes, 799 F.2d 489, 492 (9th Cir. 1986). 3 4 5 This court will generally allow pro se litigants more latitude than litigants represented by counsel to correct defects in service of process and pleadings. See Borzeka v. Heckler, 739 F.2d 444, 447 n. 2 (9th Cir. 1984) (defective service of complaint by pro se litigant does not 6 necessarily warrant dismissal). However, ^ps' pro se status cannot be used to excuse failure 7 8 to effectuate proper service. See McNeil v. ~2, 508 U.S. 106, 113 (1993) (“we have never suggested that procedural rules in ordinary civil litigation should be interpreted so as to 9 10 11 excuse mistakes by those who proceed without counsel”); Direct Mail Specialists, Inc., 840 F.2d at 688. Pro se litigants are expected to know and comply with the rules of civil procedure. See American Ass’n of Naturopathic Physicians v. Hayhurst, 227 F.3d 1104, 1108 (9th Cir. 2000). 12 In further support of their position, ^ps cite S.E.C. v. Internet Sols. for Bus. Inc., 509 13 14 15 F.3d 1161, 1166 (9th Cir. 2007), for the following rule: A signed return of service constitutes prima facie evidence of valid service which can be overcome only by strong and convincing evidence. In the cited case, the ^df, who resided in England, sought under Civil Rule 60(b) 16 to set aside a default judgment based on improper service more than three and a half years after 17 the judgment was entered, even though he had actual knowledge that the complaint had been filed 18 and that he had been named as a party. The ~dc denied the ~m. On appeal, the 19 20 ^df argued the ^p had the burden to demonstrate proper service. The Ninth Circuit disagreed: 21 22 23 Having clarified that the ^df moving to vacate default judgment for improper service of process bears the burden to prove that he is entitled to relief, we turn to whether that burden has been met here. Shaw's burden is a substantial one. "A signed return of service constitutes prima facie evidence of valid service ‘which can be overcome only by strong and convincing evidence.” 24 25 S.E.C. v. Internet Sols. for Bus. Inc., 509 F.3d at 1166 (citations and footnote omitted). 26 27 28 The holding of S.E.C. v. Internet Sols. for Bus. Inc is inapplicable here. In the present case, the court has not already determined it has personal jurisdiction over the ^dfs and has not entered a final judgment. The court cannot rely on the rule of S.E.C. v. Internet Business 5  Case ^c2 Document 29 Filed 11/13/24 @ 6 of 8 1 Solutions for Business Inc. to find valid service on all ^dfs. 2     As set forth, the return of service does not indicate any individual ^df at issue was personally served or that a copy of the summons and complaint were left at their dwelling. The return of service also does not indicate ^df the Ezralow Company LLC was served. Thus, the Clerk did not err in declining to enter default as to these ^dfs. See, e.g., Zhongtie Dacheng (Zhuhai) Inv. Mgmt. Co. Ltd v. Yan, No. 8:22-CV-00461-SSS-ADS-X, 2023 WL 9007320, at *2 (C.D. Cal. Jan. 24, 2023) (finding proofs of service of summons were defective for several reasons, including that the ^df's “name did not even appear anywhere on the proof of service”); Hupp, 2012 WL 2887229, at *5 (^df was not properly served where the return of service merely claimed the person served was authorized to accept service on behalf of another ^df); McCain, 2011 WL 4710696, at *8-9 (same). ^ps' Other Pending Ex Parte ~ms On October 30, 2024, and October 31, 2024, ^ps filed four ~ms each asserting, among other arguments, that ^df The Ezralow Company LLC failed to properly serve ^ps by mail at their address of record with a ~m filed on September 24, 2024. (ECF Nos. 21, 22, 23, 24.) In each of the four ~ms, ^ps request the court to “stay” any ~m or proceeding not initiated by ^ps until the default status of the ^dfs is resolved. (ECF No. 21 at 3; ECF No. 22 at 5; ECF No. 23 at 4; ECF No. 24 at 4.) 16 17 18 19 20   There is no basis for a stay of ^dfs' ~m practice. However, to the extent ^ps request the court to rule on their ex parte ~m filed on August 28, 2024, prior to ruling on any ~ms filed by ^dfs, that request is granted. The court rules as set forth above. In addition, to the extent ^ps seek relief from the court's order filed on October 16, 2024 (ECF No. 20), and the court's determination that ^ps failed to timely oppose ^dfs' amended ~m to quash service of summons, that request is also granted. 25 ^dfs' amended proof of service filed on November 6, 2024, indicates ^dfs did not 26 27 properly serve ^ps by mail at their address of record with the amended ~m to quash until November 6, 2024. (See ECF No. 28). Accordingly, the court vacates the order filed on October 28 //// 6    5 Case ^c2 Document 29 Filed 11/13/24 @ 7 of 8 16, 2024 (ECF No. 20).2 Otherwise, ^ps' ex parte ~ms requesting a stay of ~m practice by ^dfs or other relief are denied. In addition, to the extent these ~ms renew ^ps' request for relief under Rule 60(a) from the Clerk declining to enter default (see ECF Nos. 21 at 1; ECF No. 22 at 1; ECF No. 24 at 1), the ~ms are denied for the reasons addressed above. 6 7 8 9 Because ^ps filed multiple ~ms seeking the same relief, the court will caution ^ps about filing ~ms that are duplicative, overlapping, or otherwise repetitious. By filing a ~m with the court, the party certifies under penalty of sanctions that the ~m “is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly 10 11 12 increase the cost of litigation.” Fed. R. Civ. P. 11(b). Filing multiple ~ms that seek the same relief through duplicative or overlapping arguments is unfairly burdensome to the court and the opposing litigants and needlessly increases the cost of litigation. The court is authorized to 13 sanction an attorney or pro se litigant who files such ~ms in bad faith. See 28 U.S.C. § 1927; 14 Wages v. I.R.S., 915 F.2d 1230, 1235-1236 (9th Cir. 1990). The court expects all parties to 15 refrain from filing duplicative, overlapping, or otherwise repetitious ~ms. 16 For the reasons set forth above, IT IS ORDERED as follows: 17 1. 18 ^ps' ex parte ~m styled as a ~m for relief from an order based on clerical mistakes pertaining to the Clerk declining to enter default (ECF No. 11) is 19 denied. 20 2. 21 ^ps' ex parte ~ms filed on October 30, 2024, and October 31, 2024 (ECF Nos. 21, 22, 23, 24) are granted in part and denied in part, as set forth below: 22 23   a. Granted to the extent ^ps request the court to rule on their ex parte ~m filed on August 28, 2024; b. Granted to the extent that the court vacates the order filed on October 16, 2024 (ECF No. 20), which determined, in error, that ^ps had 2 Based on the information in ^dfs' further proof of service for their amended ~m to quash, and the court's minute order entered on November 1, 2024, which set a new briefing schedule for that ~m, ^ps' opposition is now due November 21, 2024. 7    5 Dated: November 12, 2024 6 Case ^c2 Document 29 Filed 11/13/24 @ 8 of 8 failed to timely oppose ^dfs' amended ~m to quash service of summons; and c. In all other respects, these ~ms are denied. 3. The court vacates the hearing set to take place on December 4, 2024. Carch. 1. Delamy CAROLYN K. DELANEY ~2 ^mj 7 8 8, doug24cv0031.60srv 9 10   14     8  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 29: ORDER signed by ^mj Carolyn K. Delaney on 11/12/24 DENYING [11] ^ps' ex parte ~m styled as a ~m for relief from an order based on clerical mistakes pertaining to the Clerk declining to enter default. ^ps' ex parte ~ms filed on October 30, 2024, and October 31, 2024 (ECF Nos. [21], [22], [23], [24]) are GRANTED in PART and DENIED in PART, as set forth in this Order). The court VACATES the hearing set to take place on 12/4/24. (Salmeron, A) 11/19/2024, 3:40 AM  LIVE 1.7.1.1 NEXTGEN CM/ECF - U.S. ~dc for Eastern Cal... 1 of 1 https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?747077526692286... ### MINUTE ORDER ### Full docket text for document 30: CONSENT/DECLINE of U.S. ^mj Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Mena-Sanchez, L) 12/6/2024, 2:52 PM  ### MINUTE ORDER ### Full docket text for document 31: ORDER and FINDINGS and RECOMMENDATIONS signed by ^mj ^n2 on 11/19/24 GRANTING [4] ~m to Proceed IFP; DENYING [28][30] ~ms to Stay and GRANTING [8] ~m for Extension of Time nunc pro tunc and RECOMMENDING that ^p's case be dismissed with prejudice; that ^p's [3] [7] [9] ~ms to Remand be denied; that ^p's [15} ~m for a ~3 be denied; and ^df's [18] [21] ~ms to Dismiss be denied as moot, should the District Judge adopt the undersigned's recommendation that the case be dismissed. Referred to Judge ^n1; Objections to these F&Rs due within 14 days. (Benson, A.)  1 2 Case ^c2 Document 31 Filed 12/03/24 @ 1 of 6   8 9 ~2 ~dc FOR THE ~ed 10 11 ^c, et al., No. 2:24-cv-0331-KJM-CKD (PS) 12 ^ps, 13 V. ORDER AND 14 THE EZRALOW COMPANY LLC, et al., FINDINGS AND RECOMMENDATIONS 15 ^dfs. 16 17 18 ^ps ^c and ^a proceed without counsel on a 19 fee-paid complaint seeking damages and injunctive relief. (ECF No. 1.) ^ps' ex parte 20 ~m for a ~3 is before the court. (ECF No. 26.) This matter is suitable for 21 decision without oral argument under Local Rule 230(g). For the reasons set forth below, the 22 ~m should be denied. Accordingly, the court vacates the hearing set to take place on 23   December 11, 2024. In addition, on the court's own ~m, the court grants ^ps an extension of time to respond to ^dfs' amended ~m to quash service filed on September 25, 2024. I. Background ^ps filed the complaint on January 29, 2024, naming as ^dfs The Ezralow 28 Company LLC, First Pointe Management Group LLC, and five individuals alleged to be 1    Case ^c2 Document 31 Filed 12/03/24 @ 2 of 6 employees of those ^dfs. (ECF No. 1.) ^ps allege they entered into a rental lease agreement for a unit at the Montebello Apartments in May 2022 for a 2-bedroom 2-bathroom unit for $2398. (Id., 3, 4.) 4 After move-in, multiple terrifying and distressing events occurred and both ^ps lived 5 6 7 8 in terror. (ECF No. 1, ¶¶ 4-11, 14.) ^ps hear disturbances in other units through thin walls. (Id., 6-7.) In addition, their vehicles have been ransacked, homeless people cause disturbances outside, violent outbursts occur almost weekly, and ^p ~h witnessed a shooting while at the pool. (Id., 8-14.) 9 10 11 As time neared to renew the lease agreement in March of 2023, due to the frightening living conditions, and to enable ^ps to save money to leave, ^ps requested to alter their lease to the market value price advertised on Montebello's website, $1800-1900 a month. (ECF 12 13 No. 1, 12.) The property manager, Chris Robellow, told ^ps they could not have their pricing changed unless they moved all their belongings from one unit to another, even though 14 ^p Douglass is a senior citizen and ^p ~h is a disabled Veteran who suffers from 16 15 congestive heart failure. (Id.) Needing to have shelter, ^ps renewed the lease agreement. (Id., 13.) 17 ^ps allege the ^dfs' actions constitute disability discrimination and that the 18 19 lease constitutes "a form of age discrimination, financial exploitation of an elder, and elder abuse, among other predatory elements.” (ECF No. 1 13, 15.) ^ps allege they are being 20 21 22 exploited because of their inability to alter their living situation and because the new, advertised price for "move ins" for same type of unit occupied by ^ps is more than $500 less per month. (Id., 15 & 17.) 23 Due to the Breach of the Covenant of Quiet Enjoyment they have suffered, ^ps tried 24 to negotiate a 6-month credit towards their rent due and were denied by Leslie Huffman and 25 Stacy White. (ECF No. 1, ¶¶ 18-19.) ^ps tried to negotiate three times, but Stacy White told 26 ^p ~h nothing could be done except to allow ^ps to quit the lease unpenalized, 27 or ^ps could seek a legal remedy through the courts. (Id., 20.) 28 //// 2  Case ^c2 Document 31 Filed 12/03/24 @ 3 of 6 ^ps bring claims for housing discrimination (first cause of action); gross negligence   (second cause of action); unlawful, unfair, and fraudulent business practices (third cause of action); and intentional infliction of e~mal distress (fourth cause of action). (ECF No. 1, ¶¶ 23-47.) ^ps seek damages and injunctive relief. 5 6 7   A return of service was filed on June 26, 2024. (ECF No. 7.) Upon ^ps' request for entry of default as to all ^dfs, the Clerk of the Court entered default against two ^dfs: First Pointe Management Group LLC and Stacy White. (ECF No. 9.) The Clerk declined ^ps' request for entry of default as to Bryan Ezralow, Marc Ezralow, Leslie Huffman, Chris Robello, and the Ezralow Company LLC. On September 24, 2024, ^dfs Stacey White and First Pointe Management Group LLC filed an amended ~m to set aside the Clerk's entry of default. (ECF No. 14.) By the same amended ~m, all ^dfs seek to quash summons. (Id.) ^dfs served the amended ~m to ^ps on November 6, 2024, and filed an amended proof of service on that day. (ECF No. 28.) Under the amended briefing schedule set by the court (ECF No. 25), ^ps' opposition or statement of non-opposition was due within 21 days after proper service of the ~m or the filing of the amended proof of service, whichever was later. (ECF No. 25.) Acting sua sponte, the court now grants an extension of time for ^ps' opposition to ^dfs' amended ~m to quash filed on September 24, 2024. ^ps' opposition or statement of opposition is due within 14 days after service of this order. On November 1, 2024, ^ps filed the ex parte ~m for a ~3 presently before the court. (ECF No. 26.)   22 II. Legal Standard 23 "A ^p seeking a ~3 must establish that he is likely to succeed on 24 25 26 the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Under another formulation of the test used 27 in the Ninth Circuit, a likelihood of success is not an absolute requirement. Wild Rockies v. 28 Cottrell, 632 F.3d 1127, 1131-32 (9th Cir. 2011). Rather, the ^p shows serious questions are 3  Case ^c2 Document 31 Filed 12/03/24 @ 4 of 6   raised and the balance of hardships tips in ^p's favor. Drakes Bay Oyster Co. v. Jewell, 747 F.3d 1073, 1085 (9th Cir. 2014). "Under any formulation of the test, ^p must demonstrate that there exists a significant threat of irreparable injury." Oakland Tribune, Inc., v. Chronicle 4 5 6 Pub. Co., Inc., 762 F.2d 1374, 1376 (9th Cir. 1985). “A ~3 is an extraordinary remedy [that] may be awarded only upon a clear showing that the movant is entitled to relief. Winter, 555 U.S. at 24. 7   Under the court's local rules, All ~ms for ~3 shall be accompanied by (i) briefs on all relevant legal issues to be presented by the ~m, (ii) affidavits in support of the ~m, including affidavits on the question of irreparable injury, and (iii) a proposed order with a provision for a bond. See L.R. 230, 151. 11 Local Rule 231(d). 12 III. Discussion 13 ^ps' ~m for a ~3 seeks a variety of relief including an order 14 15 16 allowing them to withhold rent payments without accruing any debt and an order for the ^dfs not to retaliate. (ECF No. 26 at 14.) The ~m is supported by a declaration of ^p Douglas who describes adverse effects from living at the Montebello apartments suffered 17 by both ^ps, including financial, e~mal, and mental pressure, and secondary trauma 18 19 from acts of violence. (Id. at 8-9.) ^ps have not shown entitlement to preliminary injunctive relief. 20 21 First, ^ps' ~m for a ~3 is premature because there is presently a dispute over whether the court has personal jurisdiction over any ^df. The Clerk 22 23 24 of the Court has entered default against First Pointe Management Group LLC and Stacy White, but both ^dfs have moved to set aside the entry of default for improper service. All ^dfs have moved to quash service. ^ps have not yet filed their opposition or statement 25 26 27 of non-opposition to the amended ~m to quash service. The dispute regarding whether any ^df has been properly served with process under Rule 4 of the Federal Rules of Civil Procedure prevents the court from issuing preliminary injunctive relief. See Direct Mail 28 Specialists, Inc. v. Eclat Computerized Techs., Inc., 840 F.2d 685, 688 (9th Cir. 1988) ("A federal 4  Case ^c2 Document 31 Filed 12/03/24 @ 5 of 6 1 2 court does not have jurisdiction over a ^df unless the ^df has been served properly"); Zepeda v. U.S. I.N.S., 753 F.2d 719, 727 (9th Cir. 1983) ("A federal court may issue an 3 4 5 injunction if it has personal jurisdiction over the parties and subject matter jurisdiction over the claim; it may not attempt to determine the rights of persons not before the court.”). The court can only enjoin parties over which it has power. Id.   Second, ^ps have not shown they are likely to suffer the type of irreparable harm necessary for a ~3. See FDIC v. Garner, 125 F.3d 1272, 1279 (9th Cir. 1997) (the threat of injury “must be imminent, not remote or speculative”), cert. denied, 523 U.S. 1020 (1998). ^ps' vague allegations that they will continue to suffer harm and trauma from distressing events related to their living situation does not demonstrate irreparable harm sufficient   14 15 16 for a ~3 to issue. See id.; Caribbean Marine Servs. Co. v. Baldrige, 844 F.2d 668, 674 (9th Cir. 1988) (“Speculative injury does not constitute irreparable injury sufficient to warrant granting a ~3.”). A ^p must do more than merely allege imminent harm; a ^p must demonstrate immediate threatened injury as a prerequisite to preliminary injunctive relief. Los Angeles Mem’l Coliseum Commʼn v. Nat'l Football League, 634 F.2d 1197, 1201 (9th Cir. 1980). 17 18 ^ps also do not argue they are likely to succeed on the merits of their claims. Their argument in the ~m for a ~3 appears directed, instead, toward the 19 ^dfs' delay in proper service of the amended ~m to quash service and a court order 20 21 which stated ^ps had failed to timely oppose the ~m.¹ ^ps fail to furnish the court with legal authority showing any claim presented in the complaint is likely to succeed on the 22 merits. Likelihood of success on the merits is the most important Winter factor, and it is relevant 23 to the court's evaluation of the other factors See Baird v. Bonta, 81 F.4th 1036, 1044 (9th Cir. 24 2023). In light of ^ps' failure to establish a likelihood of success on the merits of any claim, 25 26 the court also does not find the balance of equities tips in ^ps' favor or that an injunction is in the public interest. 27 28 1 The court has vacated this order. (See ECF No. 29.) 5  Case ^c2 Document 31 Filed 12/03/24 @ 6 of 6 Conclusion, Order and Recommendation The relevant factors weigh against issuing a ~3 and there is presently a dispute over whether the court has personal jurisdiction over any ^df. Thus, the ~m for a ~3 should be denied. For the reasons set forth above, IT IS ORDERED as follows: 1. Sua sponte, the court GRANTS an extension of time for ^ps to file their opposition or statement of non-opposition to ^dfs' amended ~m to quash service filed on September 24, 2024, and served to ^ps on November 6, 2024. ^ps' opposition or statement of opposition is due within 14 days after service of this order. 1 IV. 2     18 19 2. The court VACATES the hearing on ^ps' ~m for a ~3 set to take place on December 11, 2024. In addition, IT IS RECOMMENDED that ^ps' ex parte ~m for a ~3 (ECF No. 26) be denied. These findings and recommendations are submitted to the ~2 District Judge assigned to the case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days after being served with these findings and recommendations, ^p may file written objections with the court and serve a copy on all parties. Such a document should be captioned “Objections to ^mj's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the ~dc's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 20 21 22 Dated: December 3, 2024 23 24 25 8, doug24cv0031.mpi.fr 26 27 28 Carch 1. Delamy CAROLYN K. DELANEY ~2 ^mj 6  LIVE 1.8.3 NEXTGEN CM/ECF - ^c5 https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?3489237907957-L... 1 of 1 ### MINUTE ORDER ### Full docket text for document 31: FINDINGS and RECOMMENDATIONS signed by ^mj Carolyn K. Delaney on 12/3/24 GRANTING Sua Sponte and EXTENDS the time for ^ps to file their opposition or statement of non- opposition [16] ~m to Quash service filed on 9/24/24 and served to ^p on 11/6/24. ^ps' opposition or statement of opposition is due within 14 days after service of this order. It is further RECOMMENDED that the ^ps' [26] ~m for ~3 be denied. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Licea Chavez, V) 1/24/2025, 5:51 PM  LIVE 1.7.1.1 NEXTGEN CM/ECF - U.S. ~dc for Eastern Cal... 1 of 1 https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?747077526692286... ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [31] Findings and Recommendations served on ^c, ^a. (Licea Chavez, V) 12/6/2024, 2:51 PM  Case ^c2 Document 32 Filed 01/03/25 @ 1 of 4 1 Tiffany D. Truong (SBN: 292463) John Barbar (SBN: 334027) 2 KIMBALL, TIREY & ST. JOHN LLP 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 Attorneys for Specially Appearing ^dfs, THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP, LLC; STACEY WHITE (incorrectly named as STACY WHITE); 7 CHRIS REBELLO (incorrectly named as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; 8 and BRYAN EZRALOW 9 ~2 ~dc 10 FOR THE ~ed 11 Case No.: ^c2 12 13 ^c, et al., 14 ^ps, 15 NOTICE OF NON-OPPOSITIOΝ ΤΟ SPECIALLY APPEARING ^dfS' AMENDED ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT VS. 16 17 THE EZRALOW COMPANY, LLC, et al., ^dfs. 18 19 20 TO ALL PARTIES AND THE ABOVE-ENTITLED COURT:   PLEASE TAKE NOTICE that as of Friday, January 3, 2025, there has been no opposition or notice of non-opposition filed by ^ps ^c and ^a (collectively, the “^ps") as to Specially Appearing¹ ^dfs THE EZRALOW COMPANY, LLC; FIRST POINTE MANAGEMENT GROUP, LLC; STACEY 25 26 WHITE (incorrectly named as STACY WHITE); CHRIS REBELLO (incorrectly named as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW's (collectively, 27 28 1 ^dfs have filed a joint ~m to Quash Service of Summons and ~m to Vacate Default (ECF No. 16) and do not submit to this Court's personal jurisdiction by filling the present Notice. NOTICE OF NON-OPPOSITION TO SPECIALLY APPEARING ^dfS' AMENDED MOTIOΝ ΤΟ KIMBALL, TIREY & St. John Attorneys At Law Los Angeles QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT  Case ^c2 Document 32 Filed 01/03/25 @ 2 of 4 1 2 the "^dfs”) Amended ~m to Quash Service of Summons and ~m to Vacate Default (the "~ms"). 3 On September 24, 2024, ^dfs filed their initial ~ms with this Court. (ECF No. 4 5 14.) On September 25, 2024, this Court advised ^dfs that the ~ms were required to be re-noticed such that they may be before the ^mj, Honorable Carolyn K. Delaney, for 6     KIMBALL, TIREY & St. John Attorneys At Law Los Angeles this action. (ECF No. 15.) On the same day, ^dfs filed the instant amended ~ms with the Court with the hearing set for November 13, 2024. (ECF No. 16.) On October 16, 2024, Honorable Delaney prepared an Order vacating ^dfs' hearing date on the ~ms and directed ^ps to file an opposition or statement of non-opposition within 14 days of the Order. (ECF No. 20.) On October 30 and October 31, 2024, ^ps filed a slew of ex parte applications, comprising of ~ms to Stay and ~ms for Relief from Judgment. (ECF Nos. 21-24.) This Court indicated that ^ps did not properly notice its ~ms such that they may be heard on November 13, 2024. (ECF No. 25.) Additionally, the Court reviewed ^dfs' ~ms and ordered ^dfs to file an amended proof of service; ^ps' opposition would be due within 21 days of service of the ~ms. (Id.) ^dfs served and filed their proof of service as to the ~ms on November 6, 2024, rendering an opposition due date of November 27, 2024. (ECF No. 28.) ^ps did not file an opposition or statement of non-opposition. (See generally, ECF.) On December 3, 2024, Honorable Delaney provided her findings and recommendations to be referred to Honorable Kimberly J. Mueller. (ECF No. 31.) In so doing, Honorable Delaney extended the time for ^ps to file an opposition or statement of non-opposition sua sponte to within 14 days of the Order, rendering a filing deadline of December 17, 2024. (Id.) As of the date of this filing, ^ps have again not filed an opposition or statement of non-opposition, despite being given an additional opportunity to do so. (See generally, ECF.) Based on the foregoing, ^dfs request that ^ps be precluded from ordering oral argument at any hearing as to ^dfs' filed ~ms and that the Court find the ^ps' 2 NOTICE OF NON-OPPOSITION TO SPECIALLY APPEARING ^dfS' AMENDED ~m ΤΟ QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT  Case ^c2 Document 32 Filed 01/03/25 @ 3 of 4 1 2 failure to file any opposition papers creates an inference that the ~ms are meritorious, and that ^ps are not challenging the relief requested by ^dfs.   8 9 Wherefore, ^dfs respectfully request that their ~ms be granted in their entirety. CONCLUSION Based on the foregoing, ^dfs respectfully request this Court issue an Order granting ^dfs' ~ms, quashing service of the summons of ^ps' Complaint for defective service of process on ^dfs and vacating the default of FIRST POINTE MANAGEMENT GROUP, LLC and STACEY WHITE (incorrectly named as STACY WHITE) issued on August 20, 2024, and for such other alternative and further relief as the Court may deem just and proper. 10 11 DATED: January 3, 2025 KIMBALL, TIREY & ST. JOHN, LLP   By: Tiffany Truong, Attorneys for Specially Appearing ^dfs, THE EZRALOW COMPANY, LLC, et al.   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 3 NOTICE OF NON-OPPOSITION TO SPECIALLY APPEARING ^dfS' AMENDED ~m ΤΟ QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT  Case ^c2 Document 32 Filed 01/03/25 @ 4 of 4 1 2 PROOF OF SERVICE I, Beverly Banner, declare: 3 4 I am, and was at the time of service of the papers herein referred to, over the age of eighteen (18) years, and not a party to the within action. I am employed in the County of Los Angeles, California, in which county the within-mentioned mailing occurred. My business address is 915 Wilshire Blvd., Suite 1650, Los Angeles, California 90017. 5 6 On January 3, 2025, I served the following document(s): 7 NOTICE OF NON-OPPOSITION TO SPECIALLY APPEARING DENFENDANTS' AMENDED ~m TO QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT 8 On the following parties: 9 ^c and ^a     P.O. Box 278004 Sacramento, CA 95827 Email: ^e ^ps- In proper BY FIRST-CLASS MAIL I deposited such envelope(s) for processing in the mailroom in our offices. I am “readily familiar" with the firm's practices of collection and processing correspondence for mailing. Under that practice it will be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles. I am aware service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing an affidavit. (ELECTRONICALLY) I caused this document(s) to be electronically filed with the court and a Notice of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent by e-mail to all attorneys in the case who are registered as CM/ECF Users and have consented to electronic service. Service by this electronic NEF constitutes service pursuant to the Federal Rules of Civil for all attorneys who have consented to electronic service. Attorneys not registered for the CM/ECF system or who did not consent to electronic service must be served as otherwise provided by the Federal Rules. (BY ELECTRONIC SERVICE) The parties listed above were served electronically with the document(s) listed above by e-mailed PDF files. I electronically transmitted the document(s) listed above to the person(s) on the attached Service List by electronic mail (e-mail) to the e-mail addresses listed on the attached Service List. The transmission was reported as complete and without error. My e-mail address is beverly.banner@kts-law.com I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 3, 2025, at Los Angeles, California. Beverly Banner 1 PROOF OF SERVICE 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles  LIVE 1.8.3 NEXTGEN CM/ECF - ^c5 https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?116143932614929... ### MINUTE ORDER ### Full docket text for document 32: NOTICE of Non-Opposition to [16] ~m to Quash by The Ezralow Company LLC. (Truong, Tiffany) Modified on 1/6/2025 (VLK). 1 of 1 1/23/2025, 4:16 AM  LIVE 1.8.3 NEXTGEN CM/ECF - ^c5 https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?103865140786428... 1 of 1 ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [33] Order and [34] Summons served on ^c, ^a. (Deputy Clerk VLC) 1/24/2025, 5:47 PM  LIVE 1.8.3 NEXTGEN CM/ECF - ^c5 https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?103865140786428... ### MINUTE ORDER ### Full docket text for document 33: ORDER signed by ^mj Carolyn K. Delaney on 1/23/25 DIRECTING the Clerk to update the docket to reflect the correct names of the following ^dfs: Stacey White, Chris Rebellow, and First Point Management Group; GRANTING [16] ~m to Quash; and VACATING [9] Clerk's Entry of Default. Finding defective service under Rule 4 of the Federal Rules of Civil Procedure the court quashes service, and, sua sponte, grants an extension of time of 21 days from the date of this order for ^ps to effectuate service of process on the ^dfs. (Deputy Clerk VLC) 1 of 1 1/24/2025, 5:48 PM  Case ^c2 Document 34 Filed 01/24/25 ^c6 ^c, et al., VS. The Ezralow Company LLC, et al., TO: First Point Management Group, Chris Rebellow, Stacey White ^df's Address: @ 1 of 2 CASE NO: ^c2 SUMMONS IN A CIVIL CASE YOU ARE HEREBY SUMMONED and required to serve on: ^c P.O. Box 278004 Sacramento, CA 95827 an answer to the complaint which is served on you with this summons, within 21 days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service. KEITH HOLLAND CLERK /s/ V. Licea Chavez (By) DEPUTY CLERK TED STATES DISTRICT COL * E URUM Eastern District of Californ ISSUED ON 2025-01-24 09:29:24 CLERK, USDC EDCA  Case ^c2 DATE Service of the Summons and complaint was made by me (1) NAME OF SERVER (PRINT) TITLE Document 34 Filed 01/24/25 @ 2 of 2 RETURN OF SERVICE Check one box below to indicate appropriate method of service TRAVEL Served personally upon the ^df. Place where served: Left copies thereof at the ^df's dwelling house or usual place of bode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: Returned unexecuted: Other (specify) : STATEMENT OF SERVICE FEES SERVICES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the ~1 that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Date Signature of Server Address of Server  Case ^c2 Document 35 Filed 01/24/25 ^c6 ^c, et al., VS. The Ezralow Company LLC, et al., TO: Bryan Ezralow, Marc Ezralow, Leslie Huffman, The Ezralow Company LLC ^df's Address: @ 1 of 2 CASE NO: ^c2 SUMMONS IN A CIVIL CASE YOU ARE HEREBY SUMMONED and required to serve on: ^c P.O. Box 278004 Sacramento, CA 95827 an answer to the complaint which is served on you with this summons, within 21 days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service. KEITH HOLLAND CLERK /s/ V."
   },
   {
     "id": 9,
     "text": "Licea Chavez (By) DEPUTY CLERK ITED STATES DISTRICT COL * E URUM Eastern District of Californ ISSUED ON 2025-01-24 13:15:29 CLERK, USDC EDCA  Case ^c2 DATE Service of the Summons and complaint was made by me (1) NAME OF SERVER (PRINT) TITLE Document 35 Filed 01/24/25 @ 2 of 2 RETURN OF SERVICE Check one box below to indicate appropriate method of service TRAVEL Served personally upon the ^df. Place where served: Left copies thereof at the ^df's dwelling house or usual place of bode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: Returned unexecuted: Other (specify) : STATEMENT OF SERVICE FEES SERVICES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the ~1 that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Date Signature of Server Address of Server  LIVE 1.8.3 NEXTGEN CM/ECF - ^c5 https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?103865140786428... 1 of 1 ### MINUTE ORDER ### Full docket text for document 35: SUMMONS ISSUED as to *Bryan Ezralow, Marc Ezralow, Leslie Huffman, The Ezralow Company LLC* with answer to complaint due within *21* days. Attorney *^c* *P.O. Box 278004* *Sacramento, CA 95827*. (Deputy Clerk VLC) 1/24/2025, 5:52 PM  Case ^c2 Document 36 Filed 02/20/25 @ 1 of 3   7 8 9 ~2 ~dc FOR THE ~ed 10 11 ^c, et al., No. 2:24-cv-0331-KJM-CKD (PS) 12 ^ps, 13 V. ORDER 14 THE EZRALOW COMPANY LLC, et al., 15 ^dfs. 16 17   This matter was referred to a ~2 ^mj under Local Rule 302(c)(21). On December 3, 2024, the ^mj filed findings and recommendations, which contained notice that any objections to the findings and recommendations were to be filed within fourteen days. ECF No. 31. ^ps have not filed objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a review of this case and finds the findings and recommendations to be supported by the record and by proper analysis. 22 23   The court recognizes ^ps proceed without counsel on a fee-paid complaint seeking damages and injunctive relief. ECF No. 1. The court finds the appointment of counsel for ^ps is warranted for the limited purpose of representing ^ps at a settlement conference. Alexander L. Nowinski and Rachel “Rocco” Pallin have been selected from the court's pro bono 28 attorney panel to represent ^ps for this limited purpose and have agreed to be appointed. 1  Case ^c2 Document 36 Filed 02/20/25 @ 2 of 3 1 Accordingly, ~o as follows: 2 3 1. The findings and recommendations filed December 3, 2024 (ECF No. 31), are adopted in full. 4 2. ^ps' ex parte ~m for a ~3 (ECF No. 26) is denied. 5 3. Alexander L. Nowinski and Rachel “Rocco” Pallin are appointed as limited purpose 6 7 counsel in the above titled matter. This appointment is for the limited purpose of representing ^ps at a settlement conference. 8 9   24 25 4. Alexander L. Nowinski and Rachel “Rocco” Pallin's appointment will terminate fifteen days after completion of the settlement conference, or any continuation of the settlement conference. 5. Appointed counsel shall notify Sujean Park via email at spark@caed.uscourts.gov if they have any questions related to the appointment. 6. The Clerk of the Court is directed to serve a copy of this order upon Alexander L. Nowinski and upon Rachel “Rocco” Pallin, Greenberg Traurig LLP, 400 Capitol Mall, Suite 2400, Sacramento, CA 95814. 7. The date for ^ps to effectuate service of process on the ^dfs is extended 45 days from the date of this order. 8. After service has been effectuated, the parties are to contact Sujean Park via email at spark@caed.uscourts.gov to help coordinate the settlement conference. 9. The court refers the parties to ^mj Delaney for a settlement conference on Douglas' claims. The settlement conference should be held as soon as reasonably possible. This resolves ECF Nos. 26, 31. IT IS SO ORDERED. DATED: February 19, 2025 26 27 ~2 DISTRICT JUDGE 28 2  Case ^c2 Document 36 Filed 02/20/25 @ 3 of 3       3  4/9/25, 5:43 AM ### MINUTE ORDER ### Full docket text: LIVE 1.8.3 NEXTGEN CM/ECF - ^c5 SERVICE BY MAIL: [37] Order, served on ^c, ^a. (Deputy Clerk VLK) https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?141605918098485-L_ShowDktTxt_1-0-440755--204- 1/1  Case ^c2 Document 37 Filed 04/03/25 @ 1 of 1   7 8 9 ~2 ~dc FOR THE ~ed 10 11 ^c et al., No. 2:24-cv-0331-KJM-CKD 12 ^ps, ORDER 13 V. 14 The Ezralow Company LLC, et al., 15 ^dfs. 16 17 On February 20, 2025, the court appointed Alexander L. Nowinski and Rachel “Rocco” 18 19 Pallin as limited purpose counsel in the above titled matter. See ECF No. 36 at 2. Counsel have informed the court that in spite of their best efforts they are unable to contact ^ps. 20 21 Therefore, the court orders the ^ps to contact their appointed counsel within one week of the publication of this order. After one week of the publication of this order, counsel will reach 22 out to the court and provide an update. If the ^ps fail to contact counsel, the court will 23 24 25 release Nowinski and Pallin from their obligations as counsel in this matter. The court also extends the deadline to file service of process on ^dfs to 14 days from the date of this order. 26 IT IS SO ORDERED. 27 DATED: April 3, 2025. 28 namuel ~2 DISTRICT JUDGE  4/9/25, 5:44 AM ### MINUTE ORDER ### Full docket text for document 37: LIVE 1.8.3 NEXTGEN CM/ECF - ^c5 ORDER signed by Senior District Judge Kimberly J. Mueller on 4/3/2025 DIRECTING ^ps to contact their appointed counsel within 1 week of publication of this order and EXTENDING the deadline to file service of process on ^dfs. (Deputy Clerk VLK) https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?141605918098485-L_ShowDktTxt_1-0-440755-37-201- 1/1  LIVE 1.8.3 NEXTGEN CM/ECF - ^c5 https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?105792330921578... 1 of 2 ^c2 (PS) Douglas et al v. The Ezralow Co., LLC., et al Kimberly J. Mueller, presiding Carolyn K. Delaney, referral Date ^f: 01/29/2024 Date of last filing: 01/24/2025 History Doc. No. Dates ^fe: 01/29/2024 Description 1 ^fe: 01/29/2024 IFP Application Complaint 2 ^fe: 01/29/2024 ^t: 05/07/2024 ~p 3 ^f: ^e: ^t: 02/20/2024 ~p 02/21/2024 05/07/2024 ^fe: 05/07/2024 4 ^fe: 05/07/2024 ^fe: 06/07/2024 ^fe: 06/07/2024 5 ^fe: 06/07/2024 6 ^fe: 06/07/2024 Service by Mail Order Service by Mail Receipt Summons Civil New Case Documents for KJM Summons Returned Executed 7 ^f: 06/26/2024 ^e: 06/27/2024 8 ^f: 08/16/2024 Request for Entry of Default ^e: 08/19/2024 9 ^f: 08/16/2024 Clerk's Entry of Default ^e: 08/20/2024 10 ^f: 08/16/2024 Clerk's Decline of Entry of Default ^e: 08/20/2024 ^fe: 08/20/2024 Service by Mail 11 ^f: 08/28/2024 ~m for Miscellaneous Relief ^e: 08/29/2024 ^t: 11/13/2024 ^fe: 08/29/2024 Service by Mail 12 ^fe: 08/29/2024 Minute Order 13 ^fe: 09/24/2024 ^t: 09/25/2024 ~m to Quash 1/24/2025, 5:54 PM  LIVE 1.8.3 NEXTGEN CM/ECF - ^c5 https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?105792330921578... 14 ^fe: 09/24/2024 ~m to Quash ^t: 09/25/2024 15 ^fe: 09/25/2024 16 ^fe: 09/25/2024 ^t: 01/24/2025 17 ^fe: 09/25/2024 18 ^fe: 09/27/2024 ^fe: 10/01/2024 19 ^fe: 10/01/2024 ^fe: 10/16/2024 Minute Order ~m to Quash Proposed Order Opposition to ~m Service by Mail Minute Order 2 of 2 Service by Mail 20 ^fe: 10/16/2024 Order 21 ^f: 10/30/2024 ~m to Stay ^e: 10/31/2024 ^t: 11/13/2024 22 ^f: 10/30/2024 ~m for Judgment ^e: 10/31/2024 ^t: 11/13/2024 23 ^f: 10/31/2024 ~m to Stay ^e: 11/01/2024 ^t: 11/13/2024 24 ^f: 10/31/2024 ~m for Miscellaneous Relief ^e: 11/01/2024 ^t: 11/13/2024 ^fe: 11/01/2024 Service by Mail 25 ^fe: 11/01/2024 Minute Order 26 ^f: 11/01/2024 ~m for ~3 ^e: 11/04/2024 ^fe: 11/05/2024 Service by Mail 27 ^fe: 11/05/2024 28 ^fe: 11/06/2024 Minute Order Certificate / Proof of Service ^fe: 11/13/2024 29 ^fe: 11/13/2024 30 ^f: ^e: Service by Mail Order 11/22/2024 Consent/Decline of ^mj Jurisdiction 11/26/2024 ^fe: 12/03/2024 31 ^fe: 12/03/2024 32 ^fe: 01/03/2025 ^fe: 01/24/2025 ^fe: 01/24/2025 33 ^fe: 01/24/2025 34 ^fe: 01/24/2025 35 ^fe: 01/24/2025 Service by Mail Findings and Recommendations (~m) Notice - Other Service by Mail Service by Mail Order Summons Summons 1/24/2025, 5:54 PM  1 Case ^c2 Document 6 Filed 06/07/24 @ 2 of 3 Pursuant to Federal Rule of Civil Procedure 16 and Local Rule 240, ~o: 2 1. The Clerk of the Court shall send ^p(s) a copy of this order; a summons; and a copy 3 of the "Consent to Assignment or Request for Reassignment” information.¹ 4 2. ^p shall complete service of process on all ^dfs named in the complaint within 5 90 days from the date of this order. ^p shall provide each ^df with a copy of 6 7 (i) the summons; (ii) the complaint; (iii) this order; and (iv) the Consent to Assignment or Request for Reassignment information. 8 9 a. Within 10 days after service of process on a given ^df, ^p(s) shall file with the Clerk a certificate stating that the ^df was served under Rule 4. 10   b. The court cautions ^p(s) that this case may be dismissed if service of process is not accomplished within 90 days. See Federal Rule of Civil Procedure 4(m). 3. The parties shall file their completed Consent to Assignment or Request for Reassignment form within 30 days of service of process (or 60 days if the U.S. is a party to this action). 14 If a ^df responds to the complaint by ~m:   19 20   25 ///// 26 4. ^df(s) shall notice the ~m for a hearing, as outlined in Local Rule 230(b). The court's available hearing dates can be found on chambers' website, at: https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/5055/ 5. Within 14 days of the filing of the ~m, ^p(s) shall file opposition (or non- opposition). See Local Rule 230(c). The court advises ^p(s) that, within 21 days of service of a ^df's ~m under Rules 12(b), (e), or (f), ^p may amend the complaint once as a matter of right. See Federal Rule of Civil Procedure 15(a)(1). 6. The court cautions ^p(s) that a failure to timely respond to the ~m may result in the loss of a right to be heard at oral arguments, and may be taken as consent to granting of the ~m. See Local Rule 230(c). 271 If this action was originally filed in state court and removed to this court, the Clerk need not send a summons and complaint to ^p. Instead, the removing party shall (a) immediately serve upon each of 28 the other parties, and upon all parties subsequently joined, a copy of this order and copy of the Consent to Assignment or Request for Reassignment form, and (b) file a notice that these parties have been served.  Case ^c2 Document 6 Filed 06/07/24 @ 3 of 3 1 If a ^df files an answer to the complaint: 2 7. Within 30 days after an answer is filed, the parties shall meet, in person or by telephone, 3 as required by Federal Rule of Civil Procedure 26. 4 8. Within 7 days after the parties' Rule 26 discussion, the parties shall file a joint status 5 6 7 report with the court for the entry of a pretrial scheduling order. This report shall address the relevant portions of Local Rule 240(a), and shall be filed as a joint status report and request for hearing before the ^mj. 8 Miscellaneous Orders 9 10 9. The parties are reminded of their continuing duty to notify chambers immediately of any settlement or other disposition. See Local Rule 160.   14 15 10. While the court can liberally construe filings by parties who are not represented by counsel, unrepresented parties are still required to comply with the Federal Rules, the court's Local Rules, and all orders of the court. Under Local Rule 110, a failure to do so "may be grounds for imposition of any and all sanctions authorized by statute or Rule or within the inherent power of the Court," including monetary sanctions, the striking of a pleading or ~m, 16 or dismissal of the case. 17 /s/ CAROLYN K. DELANEY ~2 ^mj    Case ^c2 Document 6-1 Filed 06/07/24 @ 1 of 4 ^c6 501 I STREET, SUITE 15-220 SACRAMENTO, CA 95814 Chambers of KIMBERLY J. MUELLER Chief ~2 District Judge ^mj Consent in Civil Cases: Know Your Rights! Delay, congestion, uncertainty, and expense are concerns often expressed by civil litigants. These concerns have reached a crisis level in the ~ed. Despite the population of our District nearly doubling since 1979 and a corresponding tremendous increase in case filings, for the past 40 years our court has only 6 authorized District Judgeship positions. The U.S. Judicial Conference, the policy-making arm of the federal courts, has recommended for decades that Congress authorize between 5 and 11 new judgeships for this court. While the court is doing what it can to ensure Congress is fully informed regarding our current proposed allocation of 5 new judgeships, we cannot at this point say there is a realistic hope of new District Judgeships in the foreseeable future. As a result, the Eastern District has been significantly congested for many years, consistently carrying average weighted caseloads equal or close to twice the national average for federal trial courts. Given our current more dire circumstances, civil litigants are having to vie for less and less District Judge time and attention. Civil litigants therefore may wish to consider consenting to ^mj jurisdiction, given that the court has a full complement of experienced ^mjs available to preside to the full extent allowed by law. The ^mj consent process can help bring about the "just, speedy, and inexpensive determination" of federal cases. Fed. R. Civ. P. 1. Although their title has changed periodically, ^mjs, as they currently are known, have had a role in the federal courts since passage of the Judiciary Act of 1789. Over time, Congress has expanded and enhanced the position in the interests of maximizing judicial efficiency. Specifically, ^mjs are authorized “to conduct any or all proceedings in a jury or non-jury civil matter and order the entry of judgment in the case” with the consent of the parties. 28 U.S.C. § 636(c). Consent can maximize access to the courts and ease court congestion through effective use of judicial resources. It can provide numerous benefits to litigants including the prospect of an early and firm trial date, when District Judges may not be available to try a civil case given the need to prioritize felony criminal cases. In civil cases, the assigned ^mj already is responsible for resolving discovery disputes, deciding other non-dispositive ~ms and in some instances handling pre-trial proceedings; as a result that judge may be intimately familiar with the case history. Consenting in any civil case allows the ^mj to decide dispositive ~ms and preside over trial, and so can avoid the uncertainty parties may face while waiting for the District Judge to identify time on his or her calendar for trial. Just as with a judgment issued by a District Judge, a judgment issued by a ^mj to whom the parties in a civil case have consented is appealable directly to the Ninth Circuit Court of Appeals. As their professional biographies posted on our court's website show, our ^mjs are well-qualified to preside over the cases assigned them. They are experienced, high-caliber judges  Case ^c2 Document 6-1 Filed 06/07/24 @ 2 of 4 with diverse experiences in civil and criminal litigation who have been selected on the merits, taking into account their education, experience, knowledge of the court system, personal attributes and other criteria. Our ^mjs are well-qualified to preside over the civil cases brought in our court. To consent to ^mj jurisdiction, a party simply signs and files a consent form. The form is available on the court's website, at this link: http://www.caed.uscourts.gov/caednew/index.cfm/forms/civil/. Parties may consent or withhold consent without any adverse consequences. Once all parties to a case consent, then the assigned District Judge is notified and considers whether to approve the consent. Once the District Judge accepts, then the ^mj determines whether to accept consent jurisdiction, taking the opportunity to consider any conflicts or bases for recusal. All litigants before the federal courts deserve justice delivered in a fair, prompt, and efficient manner. Our ^mjs play a critical role in providing essential access to justice, particularly in our overburdened court. Consenting to ^mj jurisdiction in civil cases may represent one of the best ways to secure "just, speedy, and inexpensive determination” of your case, which is why we want to be sure you are fully aware of your right and ability to consent, and the means of doing so. CHIEF ~2 DISTRICT JUDGE  Case ^c2 Document 6-1 Filed 06/07/24 @ 3 of 4 NOTICE OF AVAILABILITY OF A ^mj ΤΟ EXERCISE JURISDICTION AND APPEAL INSTRUCTIONS You are hereby notified in accordance with 28 U.S.C §636(c), F.R.Civ.P.73 and Local Rule 305, the ~2 ^mjs sitting in Sacramento and Fresno are available to exercise the court's case-dispositive jurisdiction and to conduct any or all case-dispositive proceedings in this action, including ~ms to dismiss, ~ms for summary judgment, a jury or non jury trial, and entry of a final judgment. Exercise of this jurisdiction by a ^mj is however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court's case-dispositive jurisdiction from being exercised by a ^mj. Any appeal from a judgment entered by a ^mj is taken directly to the ~2 Court of Appeals for the Ninth Circuit or, where appropriate, for the Federal Circuit in the same manner as an appeal from any other judgment of a ~dc. Whether or not the parties consent pursuant to 28 U.S.C. § 636(c), the assigned ^mj will hear all ~ms except those case-dispositive ~ms set forth in 28 U.S.C. § 636(b)(1)(A). A copy of the Form for "Consent to / Decline of Jurisdiction of ~2 ^mj" is attached hereto for pro per use and attorney information. This form is available in fillable .pdf format on the court's web site at www.caed.uscourts.gov for all attorney ECF filers. This form may be filed through CM/ECF or by pro se litigants at the appropriate Clerk's Office location. Office of the Clerk 501 I Street, Room 4-200 Sacramento, CA 95814 Office of the Clerk 2500 Tulare Street, Suite 1501 Fresno, CA 93721  Case ^c2 Document 6-1 Filed 06/07/24 @ 4 of 4 ^c6 ^c, ET AL., ^p(s) / Petitioner(s), CASE NO: ^c2 VS. THE EZRALOW COMPANY LLC, ET AL., ^df(s) / Respondent(s). CONSENT / DECLINE OF U.S. ^mj JURISDICTION IMPORTANT IF YOU CHOOSE TO CONSENT OR DECLINE TO CONSENT TO JURISDICTION OF A ~2 ^mj, CHECK AND SIGN THE APPROPRIATE SECTION OF THIS FORM AND RETURN IT TO THE CLERK'S OFFICE. CONSENT TO JURISDICTION OF ~2 ^mj In accordance with the provisions of Title 28, U.S.C Sec. 636(c)(1), the undersigned hereby voluntarily consents to have a ~2 ^mj conduct all further proceedings in this case, including trial and entry of final judgment, with direct review by the Ninth Circuit Court of Appeals, in the event an appeal is filed. Signature: Print Name: Date: ) ^p / Petitioner () ^df / Respondent Counsel for * Date: DECLINE OF JURISDICTION OF ~2 ^mj Pursuant to Title 28, U.S.C. Sec 636(c)(2), the undersigned acknowledges the availability of a ~2 ^mj but hereby declines to consent. Signature: Print Name: Counsel for () ^p / Petitioner ( ) ^df / Respondent * *If representing more than one party, counsel must indicate the name of each party responding.  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 5: SUMMONS ISSUED as to *Bryan Ezralow, Marc Ezralow, First Pointe Management Group LLC, Leslie Huffman, Chris Robello, The Ezralow Company LLC, Stacy White* with answer to complaint due within *21* days. Attorney *^c* *P.O. Box 278004* *Sacramento, CA 95827*. (Woodson, A) 11/19/2024, 3:26 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text: SERVICE AT COUNTER: [6] Civil New Case Documents for KJM, [5] Summons, served on ^c, ^a. (Woodson, A) 11/19/2024, 3:25 AM  Case ^c2 Document 7 Filed 06/26/24 @ 1 of 1 RETURN OF SERVICE Service of the Summons and complaint was made by me (1) NAME OF SERVER (PRINT) ^l DATE 6-25-24 TITLE Check one box below to indicate appropriate method of service TRAVEL Served personally upon the ^df. Place where served: Left copies thereof at the ^df's dwelling house or usual place of bode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: Returned unexecuted: Other (specify): Served upon agent or exyployce Pointe, management group- 7 coptes of lawsuit and suntions. not leasing office 4001 S-watt Ave Sacramento, 97 95824 all ^dfs served. SERVICES STATEMENT OF SERVICE FEES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the ~1 that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on 4-25-24 Date Douglas v. Ezralous Jaume Signature of Server sole Hendry circle Rockin, CA Address  ^c2 95765 FILED JUN 26 2024 CLERK, US ~dc ~ed BY DEPUTY CLERK  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 7: SUMMONS RETURNED EXECUTED: Bryan Ezralow; Marc Ezralow; First Pointe Management Group LLC; Leslie Huffman; Chris Robello; and The Ezralow Company LLC served on 6/25/2024. (Murphy, J) 11/19/2024, 3:26 AM  Case ^c2 Document 8 Filed 08/16/24 Pa 8/16/24 FILED AUG 16 2024 1 ^c AND ^a P.O. BOX 278004 2 SACRAMENTO CA, 95827 (916)-365-5434 3 ^e CLERK, ~d BY DEPUTY CLERK 4 ^c AND ^a, IN PRO PER 5 6 7 8 9 ^c6 10 11 ^c AND Case No. 2:24-CV-00331 KJM-CKD 12 ^a, 13 ^ps, APPLICATION FOR ENTRY OF DEFAULT 14 15 16 1.7   V. THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. I. ~~toc~ @ 1 II. NOTICE OF APPLICATION FOR ENTRY OF DEFAULT...pg 1 III. APPLICATION FOR ENTRY OF DEFAULT...@ 2 IV. DECLARATIONS ... @ 5 V. ^xS...@ 10 II. NOTICE OF APPLICATION FOR ENTRY OF DEFAULT To the Clerk of the ~2 ~dc for the ~ed: As provided by Rule 55 of the Federal Rules of Civil Procedure, ^ps ^c and ^a; requests that the Clerk enter the default of the following ^df(s) for failure to plead or otherwise defend against this action in a timely manner: TO ALL NAMED ^dfS (Continue to @ 2) * DOUGLAS V. THE EZRALOW COMPANY LLC APPLICATION FOR ENTRY OF DEFAULT @ 1    Case ^c2 Document 8 Filed 08/16/24 @ 2 of 11 III. APPLICATION FOR ENTRY OF DEFAULT To the Clerk of the ~2 ~dc for the ~ed: As provided by Rule 55 of the Federal Rules of Civil Procedure, ^ps ^c and ^a; requests that the Clerk enter the default of the following ^df(s) for failure to plead or otherwise defend against this action in a timely manner: THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW. 11 12 ΤΟ ALL NAMED ^dfS; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW; 13   1) As evidenced by the proof of service [see ^x A] on file with this Court, the above named ^dfs were served pursuant to Rule 4 of the Federal Rules of Civil Procedure on June 25th 2024. ALEXIS ARMSTRONG, AUTHORIZED AGENT AND EMPLOYEE OF FIRST POINT MANAGEMENT GROUP LLC, ACCEPTED SERVICE ON BEHALF OF ALL NAMED ^dfS, AND DID NOT REFUSE SERVICE ON BEHALF OF ANY OF THE NAMED ^dfS.   25 2) The applicable time limit for the above-named ^df to appear or otherwise respond to this action expired on Tuesday, July 16, 2024. 3) The above-named ^dfs have failed to plead or otherwise respond to the 26 complaint. This request is based on the attached Declaration of ^ps. 27 28 (Continued on next @) DOUGLAS V. THE EZRALOW COMPANY LLC * APPLICATION FOR ENTRY OF DEFAULT * @ 2  Case ^c2 Document 8 Filed 08/16/24 @ 3 of 11 1 Individual ^dfs Served on June 25th, 2024, according to FRCP Rule 4(e)(2)(c); 2 STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN 3 4 FRCP Rule 4(e)(2)(c); (e) "Serving an Individual Within a Judicial District of the ~2. Unless 5 6 federal law provides otherwise, an individual...may be served in a judicial district of the ~2 by: (C) delivering a copy of each to an agent authorized by appointment or by law to receive 7 service of process." [see ^x A] 8 9 Companies or LLCs Served on June 25th, 2024, according to FRCP Rule 4(h)(1)(b); 10 THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC     21 22 FRCP Rule 4(h)(1)(b); (B) “by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment." [see ^x A] Service of Summons was executed on June 25th, 2024, upon all named ^dfs, directly to the agent authorized by appointment, and agreement. On January 25th, 2024, ^df Stacy White appointed the employees of First Pointe Management Group LLC, of Montebello Homes Leasing Office, as agents authorized for service of summons. Stacy White confirmed “anyone [employee] at the office” could accept service of process on behalf of all parties. Stacy White was also representing The Ezralow Company LLC, Mark Ezralow and Brian Ezralow. Originally ^ps had contacted The Ezralow Company directly on January 25th, 2024, 23 notifying them of pending legal action. Stacy White was dispatched on behalf of The Ezralow Company 24 25 26 LLC, and First Pointe Management Group LLC, functioning as "legal liaison” as she was authorized to return this call regarding a legal dispute, on behalf of The Ezralow Company LLC (Real Property owners or managers), and First Pointe Management Group LLC (Montebello Homes property 27 management group). 28 (Continued on next @) * DOUGLAS V. THE EZRALOW COMPANY LLC APPLICATION FOR ENTRY OF DEFAULT * @ 3  Case ^c2 Document 8 Filed 08/16/24 @ 4 of 11 1 As sworn in the original verified complaint, Stacy White appointed the employees of 2 3 4 Montebello Homes leasing office to receive service of the summons. "21. ^p ^a, asked Stacy White where he can serve the lawsuit or upon whom. Stacy White told ^p that he can serve the lawsuit directly to the Montebello Apartments Office." See complaint 21. 5 On this date, August 15th, 2024; 51 days have passed since the summons was served. We have 6 received no legal response in the ~dc's forum, regarding service of summons, or an answer to 7   18 19 our complaint. First Pointe Management Group LLC and The Ezralow Company LLC was notified via email of pending legal action, verbally and in person of pending legal action, and over the phone of pending legal action. Additionally, all parties and ^dfs were properly served in the method agreed upon. First Pointe Management Group LLC, The Ezralow company LLC and their employees; in fine ALL NAMED ^dfS have received more than sufficient warning beforehand of pending legal action (in person, via email, by phone), and proper execution of summons in the manner the parties had agreed upon. This request is based on the attached Declaration of ^ps. ^ps hereby declare, certify, verify, and state, under penalty of perjury, under the laws of the Unites States of America that the foregoing is true and correct. 20 21 Respectfully submitted, 8.75.2024 Ch 22 23 DATE 24 25 26 8-15-2024 27 DATE 28 ^c ^p IN PRO PER ^a ^p IN PRO PER * DOUGLAS V. THE EZRALOW COMPANY LLC APPLICATION FOR ENTRY OF DEFAULT @ 4    Case ^c2 Document 8 Filed 08/16/24 @ 5 of 11 IV. SWORN DECLARATIONS AND AFFIDAVITS OF PROPER DECLARATION OF ^p CHERYL DOUGLAS I, ^c, declare as follows: 1. I am a ^p in this action. If called as a witness, I could and would competently testify thereto.     21 22 2. All named ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, were served pursuant to Rule 4 of the Federal Rules of Civil Procedure, and in the manner agreed upon with STACY WHITE on January 25th 2024. STACY WHITE acting as "legal counsel or liaison" in behalf of The Ezralow Company LLC, and First Pointe Management LLC, and their employees. 3. Under Rule 12 of the FRCP, all name ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, were required to plead or otherwise respond to the complaint by Tuesday, July 16, 2024. The time to plead or otherwise respond to the complaint has not been extended by any agreement of the parties or any order of the court. 23   4. All name ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, have failed to serve or file a pleading or otherwise respond to the complaint. The applicable time limit for responding to the complaint has expired. * DOUGLAS V. THE EZRALOW COMPANY LLC APPLICATION FOR ENTRY OF DEFAULT * @ 5    Case ^c2 Document 8 Filed 08/16/24 @ 6 of 11 5. All name ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, are not minors or incompetent 4 persons. 5 6 7   6. All name ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, are not currently in the military service, and therefore the Servicemembers Civil Relief Act does not apply. 7. We have attached to this declaration a true and correct copy of the proofs of service on file with this Court for the above-named ^dfs. I hereby declare, certify, verify, and state, under penalty of perjury, under the laws of the Unites States of America that the foregoing is true and correct. 18 19 8-15-2024 20 DATE ^c ^p IN PRO PER   (continue to next @) * DOUGLAS V. THE EZRALOW COMPANY LLC APPLICATION FOR ENTRY OF DEFAULT @ 6    7 Case ^c2 Document 8 Filed 08/16/24 @ 7 of 11 DECLARATION OF ^p ^a I, ^a, declare as follows: 1. I am a ^p in this action. If called as a witness, I could and would competently testify thereto.   18 19 20 2. All named ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, were served pursuant to Rule 4 of the Federal Rules of Civil Procedure, and in the manner agreed upon with STACY WHITE on January 25th 2024. STACY WHITE acting as "legal counsel or liaison" in behalf of The Ezralow Company LLC, and First Pointe Management LLC, and their employees. 3. Under Rule 12 of the FRCP, all name ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, were required to plead or otherwise respond to the complaint by Tuesday, July 16, 2024. The time to plead or otherwise respond to the complaint has not been extended by any agreement of the parties or any order of the court.   4. All name ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, have failed to serve or file a pleading or otherwise respond to the complaint. The applicable time limit for responding to the complaint has expired. * DOUGLAS V. THE EZRALOW COMPANY LLC APPLICATION FOR ENTRY OF DEFAULT @ 7    Case ^c2 Document 8 Filed 08/16/24 @ 8 of 11 5. All name ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, are not minors or incompetent 4 persons. 5 6 7 8 9 6. All name ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, are not currently in the military service, and therefore the Servicemembers Civil Relief Act does not apply. 10   14   7. We have attached to this declaration a true and correct copy of the proofs of service on file with this Court for the above-named ^dfs. I hereby declare, certify, verify, and state, under penalty of perjury, under the laws of the Unites States of America that the foregoing is true and correct. 18 19 8-15-2024 20 DATE   ^a ^p IN PRO PER * DOUGLAS V. THE EZRALOW COMPANY LLC APPLICATION FOR ENTRY OF DEFAULT @ 8  1 2 Case ^c2 Document 8 Filed 08/16/24 @ 9 of 11 DECLARATION OF ^l SERVER OF SUMMONS AND COMPLAINT   I, ^l, declare as follows: 1. I am not a party in this action. I am the individual who served the summons and complaint, to Alexis Armstrong, on behalf of all ^dfs on June 25th, 2024. If called as a witness, I could and would competently testify thereto.   11 2. I served 7 copies of the summons and the complaint to Alexis Armstrong, employee of First Pointe Management Group LLC, at the Montebello Homes Leasing Office, located at 4001 South Watt Avenue, Sacramento California, 95826. ALEXIS ARMSTRONG, 12 13 14 AUTHORIZED AGENT AND EMPLOYEE OF FIRST POINT MANAGEMENT GROUP LLC, ACCEPTED SERVICE ON BEHALF OF ALL NAMED ^dfS, AND DID NOT REFUSE SERVICE ON BEHALF OF ANY OF THE 15 NAMED ^dfS. 16 17 18 19 20 I hereby declare, certify, verify, and state, under penalty of perjury, under the laws of the Unites States of America, that the foregoing is true and correct. 21 8-15-24 22 23 DATE J   ^l INDIVIDUAL OF SERVICE * DOUGLAS V. THE EZRALOW COMPANY LLC APPLICATION FOR ENTRY OF DEFAULT * @ 9        Case ^c2 Document 8 Filed 08/16/24 @ 10 of 11 ^xS / ^x A * DOUGLAS V. THE EZRALOW COMPANY LLC APPLICATION FOR ENTRY OF DEFAULT @ 10  Case 22 2244-cox-00033311+KIN (CKD Daumant Filled 0086/12062244 @ 111 off 111 RETURN OF SERVICE DATE Service of the Summons and complaint was made by me (1) 6-25-24 NAME OF SERVER (PRINT) TITLE ^l Check one box below to indicate appropriate method of service TRAVEL Served personally upon the ^df. Place where served: Left copies thereof at the ^df's dwelling house or usual place of bode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: Returned unexecuted: - Other (specify): Served upon agent or anyployce. of lawsuit and suwlwons. At leasing office 4001 S-watt Ave Sacramento, 97 95824 all ^dfs served. STATEMENT OF SERVICE FEES SERVICES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the ~1 that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Signature of Server 4-25-24 Date 5Ole  Hendry circle Rucklin, CA 95765 Douglas v. Ezralous Address of Server ^c2 FILED JUN 26 2024 CLERK, US ~dc ~ed BY DEPUTY CLERK  Case ^c2 Document 8-1 Filed 08/16/24 @ 1 of 1 1 PROOF OF SERVICE – NOTICE / APPLICATION FOR ENTRY OF DEFAULT FILED +3 4 AUG 16 2024 5 CLERK, U.S. ~dc EASTERN DISTRIC DISTRICT OF CALIFORNIA By 7   11 DEPUTY CLERK Douglas et al v. The Ezralow Company LLC et al CASE NO. ^c2 ^c6 I, the undersigned, certify and declare that I am over the age of 18 years, I am a resident of the State of California, and not a party to the above-entitled cause, ON AUGUST 16TH 2024 I served a true copy of APPLICATION FOR ENTRY OF DEFAULT by personally delivering it to the person (s) indicated below in the manner as provided in FRCP 5(b); by depositing it in the ~2 Mail in a sealed envelope with the postage thereon fully prepaid to the following: via Cortified wail 12 13 Place of Mailing 9500 Kiefer blvel 14 Executed on 8-16.24 AT Sacramento CALIFORNIA 95827 15 Time 127 plu 16 17 18 19 20   25 26 PARTY OR PARTIES SERVED - FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MAILED TO: FIRST POINTE MANAGEMENT GROUP LLC ATTN (ABOVE NAMED PARTIES) 2215 Plaza Dr. Suite 100,. Rocklin, CA 95765 I hereby certify under the penalty of perjury that the foregoing is true and correct, 8-16-24 DATE You ^l INDIVIDUAL OF SERVICE CUSTOM CV-40 (01/00) 27 ^c AND ^a, IN PRO PER ~pa, 95827 28 (916)-365-5434 ^e DOUGLAS V. THE EZRALOW COMPANY LLC * PROOF OF SERVICE - APPLICATION FOR ENTRY OF DEFAULT  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 8: REQUEST FOR ENTRY OF DEFAULT as to All ^dfs by ^a, ^c. (Attachments: # (1) Proof of Service, # (2) Proof of Service, # (3) Proof of Service) (Murphy, J) 11/19/2024, 3:26 AM  Case ^c2 Document 9 Filed 08/16/24 @ 1 of 1 ~2 ~dc FOR THE ~ed ^c, ET AL., CLERKS CERTIFICATE OF ENTRY OF DEFAULT ^c2 V. THE EZRALOW COMPANY LLC, ET AL., ΤΟ ALL COUNSEL: By application of ^p and it appearing that the ^df having been duly served with process as appears from the record and papers on file herein; and having failed to appear, plead or answer ^p's complaint within the time allowed by law; the default of the following ^df(s) is/are hereby ^e: First Pointe Management Group LLC, Stacy White Counsel is/are referred to Rule 55(b), of the Federal Rules of Civil Procedure, and Local Rules 302(c)(19) and 230. If there is more then one ^df in this case, counsel are further referred to Fed. R. Civ. P. 54(b). ~2 DISTRICT CONC * stern District of California* IN TESTIMONY WHERE OF, I have hereunto subscribed my name and affixed the seal of the ~2 ~dc for the ~ed, on August 20, 2024. KEITH HOLLAND CLERK OF COURT By: /s/ J. Murphy Deputy Clerk  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 9: CLERK'S ENTRY OF DEFAULT as to *First Pointe Management Group LLC, Stacy White* (Murphy, J) 11/19/2024, 3:26 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [10] Clerk's Decline of Entry of Default, [9] Clerk's Entry of Default served on ^c, ^a. (Murphy, J) 11/19/2024, 3:27 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 10: REQUEST FOR ENTRY OF DEFAULT DECLINED as to Bryan Ezralow, Marc Ezralow, Leslie Huffman, Chris Robello, The Ezralow Company LLC. The clerk hereby declines to enter due to Unable to determine if summons was appropriately served based on the documents filed. (TEXT ONLY) (Murphy, J) 11/19/2024, 3:28 AM    Case ^c2 Document 11 Filed 08/28/24 @ 1 of 23 ^c AND ^a ~pa, 95827 (916)-365-5434 ^e 4 ^c AND ^a, IN PRO PER 5 6 7 8 FILED AUG 28 2024 CLERK, U.S. ~dc STOF CALIFORNIA ~2 ~dc EASTERN DISTRICT OF CALIFORNIEASTERN DEPUTY CLERK 9 10 11 ^c AND Case No. 2:24-CV-00331 KJM-CKD 12 ^a, 13 ^ps, 14 EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGEMENT OR ORDER - BASED ON CLERICAL MISTAKES 15 V. I. ~~toc~ @ 1 16 II. III. 17 THE EZRALOW COMPANY LLC, IV. 18 FIRST POΙΝΤΕ V. 19 MANAGEMENT GROUP LLC, VI. 20 STACY WHITE, CHRIS ROBELLO, VII.   LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. ^c6 501 I STREET SACRAMENTO, CALIFORNIA, 95814 NOTICE OF ~m ...pg 1 EXPARTE APPLICATION @ 2 MEMORANDUM OF POINTS AND AUTHORITIES...@ 3 DECLARATION IN SUPPORT OF EX PARTE APPLICATION AND ~m...@ 6 PROPOSED ORDER @ 7 ^xS...@ 9 II. NOTICE OF EX PARTE ~m FOR RELIEF FROM JUDGEMENT OR ORDER FRCP Rule 60(a) Relief From Judgment or Order DATE: OCTOBER 10TH, 2024 TIME: 10:00 AM LOCATION: Courtroom 24 / Zoom JUDGE: Carolyn K. Delaney DOUGLAS V. THE EZRALOW COMPANY LLC - ~m FOR RELIEF FROM JUDGEMENT/ORDER @ 1    Case ^c2 Document 11 Filed 08/28/24 @ 2 of 23 III. EX PARTE APPLICATION FOR ~m FOR RELIEF FROM JUDGEMENT OR ORDER – BASED ON CLERICAL MISTAKES     18 19 We the ^ps in this case, hereby apply to the court in Ex Parte, as none of the ^dfs have appeared, and the ambiguous nature of the orders, or clerical mistakes, that will be mentioned henceforward; constitute an emergency of such a nature, that can cause undue complications, with regards to the proper processes and procedures of the ~dc, available for all parties to utilize. ^ps have not contacted opposing parties in regard to this particular ~m, as none of the ^dfs have appeared, and ^ps believe that these Clerk orders [docket documents number 9 and 10] were made in error, within the court. That by this ~m they can be properly addressed and corrected; so as to prevent undue hardship upon ourselves, or undue complications in the processes and procedures available within the ~dc. It is also an emergency, particularly so that we can avoid having to enter Notice of Appeals, or appeal to the Ninth Circuit, with regards to something that can be handled administratively. Rather than paying 605$ to file an appeal to the Ninth Circuit. This Ex Parte application is based upon a Memorandum of Points and Authorities, Declaration in Support, the complete files and records in this action and upon such oral and documentary evidence as may be allowed at the hearing of this ~m. 20   8-28-24 DATE Chuye Dougl ^c ^p IN PRO PER   8-28-24 DATE ^a ^p IN PRO PER DOUGLAS V. THE EZRALOW COMPANY LLC - ~m FOR RELIEF FROM JUDGEMENT/ORDER @ 2    Case ^c2 Document 11 Filed 08/28/24 @ 3 of 23 IV. MEMORANDUM OF POINTS AND AUTHORITIES [PREFACE POINTS AND AUTHORITIES] THIS ~m IS BASED UPON RULE 60(A) OF THE FRCP— 5 FEDERAL RULES OF CIVIL PROCEDURE 6 VII. Judgment 7 Rule 60- Relief From Judgment or Order 8 (a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and 9   24 errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the ~m of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court. Additionally, we are moving in Ex Parte, as none of the ^dfs have appeared, and the ambiguous nature of the orders [docket documents number 9 and 10] that will be mentioned henceforward; constitute and emergency of such a nature, that can cause undue complications, with regards to the proper processes and procedures of the ~dc, available for all parties to utilize. Lastly in preface to this ~m, we are asking the court to grant us leave, or allow us to waive service of this ~m upon the ^dfs, pursuant to FRCP Rule 5(a)(2) which reads; (2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4. IT IS IMPORTANT TO NOTE; each individual ^df is an employee of First Pointe 25 Management Group LLC (FPMG), including Marc Ezralow and Bryan Ezralow. The Ezralow 26 27 28 Company LLC (EZRA) is the partner, or parent company of FPMG. EZRA, to our best knowledge, is the real property owner, or has close authority or cooperation with FPMG and the real property itself. The property and location, where everything in ^ps complaint, occurred. [end preface, continue] DOUGLAS V. THE EZRALOW COMPANY LLC - ~m FOR RELIEF FROM JUDGEMENT/ORDER @ 3  Case ^c2 Document 11 Filed 08/28/24 @ 4 of 23       On August 16th, 2024, we the ^ps filed a REQUEST FOR ENTRY OF DEFAULT, [see docket no.8 also attached as ^x A]. In this filing we also attached the original Proof of Service of Summons & Complaint. Subsequently, Entry of Default was entered by the Clerk with the following text: "### MINUTE ORDER ### Full docket text for document 9: CLERK'S ENTRY OF DEFAULT as to *First Pointe Management Group LLC, Stacy White* (Murphy, J)" -- Defaulting only two of the seven ^dfs. Additionally, another “text order” was entered into the docket with the following text: “### MINUTE ORDER ### Full docket text for document 10: REQUEST FOR ENTRY OF DEFAULT DECLINED as to Bryan Ezralow, Marc Ezralow, Leslie Huffman, Chris Robello, The Ezralow Company LLC. The clerk hereby declines to enter due to Unable to determine if summons was appropriately served based on the documents filed."
   },
   {
     "id": 10,
     "text": "(TEXT ONLY) (Murphy, J). We the ^ps believe that these orders are ambiguous and problematic, for all parties, including the Court. We believe that these orders need to be swiftly corrected, to reflect uniformity and conformity with FRCP Rule 55(a); which reads-- "(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.” The Ninth Circuit has ruled "[A] signed return of service constitutes prima facie evidence of valid service which can be overcome only by strong and convincing evidence." SEC v, Internet Solutions for Bus., Inc., 509 F.3d 1161, 1163 (9th Cir.2007). Additionally, the following ruling can be interpreted to hold Persuasive Authority, as per the general pleadings of Pro Se Litigants, or the ^ps; and not only the complaint; "The Court must accept as true all factual allegations in the complaint and must draw all reasonable inferences from those allegations, construing the complaint in the light most favorable to the ^p. Westlands Water Dist. v. Firebaugh Canal, 10 F.3d 667, 670 (9 th Cir. 1993). – Considering this logic, and the sworn affidavits, and declarations, on file with this court, and in the docket; we the ^ps reaffirm- We, the ^ps, reaffirm our diligent efforts to abide by the rules of the Court, and its procedures. We the ^ps reaffirm our declarations and affidavits which have been sworn and sealed under penalty of perjury. DOUGLAS V. THE EZRALOW COMPANY LLC - ~m FOR RELIEF FROM JUDGEMENT/ORDER @ 4  Case ^c2 Document 11 Filed 08/28/24 @ 5 of 23     14 We believe that these orders need to be swiftly corrected [docket documents number 9 and 10], again, to reflect conformity and uniformity with the proper rules and statutes. We are pleading, before the court, that the ^mj, Honorable, Carolyn K. Delaney, can provide judicial review and oversight in regard to these orders [docket documents number 9 and 10]. As we believe that we have provided sufficient and diligent records to the court to satisfy FRCP Rule 55, and we the ^ps, request that all ^dfs are properly entered into a state of DEFAULT, as we have demonstrated by due process and sworn declarations and affidavits, to support such an entry of default. Finally, we, the ^ps, would like the court to consider the due processes, or the procedures, that are in place, and available to all parties to utilize. We, the ^ps, do not wish to forecast any arguments due to the ambiguous nature of these orders, again, as there are proper procedures and processes available to all parties to utilize. Respectfully submitted,   8.28.2024 DATE 19 Chuy ^c ^p IN PRO PER 20 8-28-2024 21. 22 DATE ^a 23   ^p IN PRO PER DOUGLAS V. THE EZRALOW COMPANY LLC – ~m FOR RELIEF FROM JUDGEMENT/ORDER @ 5  1 2 Case ^c2 Document 11 Filed 08/28/24 @ 6 of 23 V. DECLARATION IN SUPPORT OF EX PARTE APPLICATION AND ~m     11 We, the ^ps, must swiftly write this declaration as the time is closing, for the window that we have to provide this application to the court. We simply affirm that we have acted with due diligence in respect to researching, and executing, court procedures thus far. We affirm that all the statements in this document are sufficient to reflect the need, and purpose for this ~m, without pre-emptively forecasting any arguments, or minimally, so as to not complicate procedure moving forward. In closing we would like to express our appreciation to the clerks, and we understand that this is a complicated, and complex situation, but we have, with diligence exercised all care and precision in our execution of court procedures, with regards to our best interests and with regards to our interactions, and contracts and verbal contracts, that we have made with the ^df(s).     We hereby declare, certify, verify, and state, under penalty of perjury, under the laws of the Unites States of America that the foregoing is true and correct. 8.28-2024 DATE Chu ^c ^p IN PRO PER 8-28-2024 DATE 26 ^a ^p IN PRO PER DOUGLAS V. THE EZRALOW COMPANY LLC -- ~m FOR RELIEF FROM JUDGEMENT/ORDER @ 6    Case ^c2 Document 11 Filed 08/28/24 @ 7 of 23 ^c AND ^a ~pa, 95827 (916)-365-5434 ^e 4 ^c AND ^a, IN PRO PER 5 6 7 8 ^c6 9 10 11 ^c AND Case No. 2:24-CV-00331 KJM-CKD 12 ^a, 13 ^ps, [PROPOSED ORDER] ~m FOR RELIEF FROM JUDGEMENT OR ORDER BASED ON CLERICAL MISTAKES 14 15 V. 16 17 THE EZRALOW COMPANY LLC,   22 23 FIRST POΙΝΤΕ MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs.   DOUGLAS V. THE EZRALOW COMPANY LLC - ~m FOR RELIEF FROM JUDGEMENT/ORDER @ 7  Case ^c2 Document 11 Filed 08/28/24 @ 8 of 23 1 IT IS ORDERED THAT; TO THE CLERK OF THE COURT, 2 ~2 ~dc, ~ed, 3 In regards to Case No. 2:24-CV-00331 KJM-CKD, (Docket no. 8), application for entry of Default 4 5 THAT ALL NAMED ^dfS IN THIS ACTION, THE FOLLOWING; 6 7 THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY 8 WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW 9 10   IT IS SO ORDERED THAT THESE ^dfS, Be duly entered into default, and the application for entry of Default (Docket no. 8), be accepted in full, and entered in full, by the Clerk of this court, as per rule 55 of the FRCP and the arguments presented by ^ps, attached to this ~m and on file in this court. 14 15 16 That the docket be corrected, to reflect the harmony exacted in due process, and procedure, that has thus been executed, in this Court, in this case. 17   22 Lastly, ^ps are granted leave by the court, or allowed to waive service and notice of this ~m upon the ^dfs, pursuant to FRCP Rule 5(a)(2) which reads; (2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4. 23   IT IS SO ORDERED. DATED: HONROABLE Carolyn K. Delaney DOUGLAS V. THE EZRALOW COMPANY LLC – ~m FOR RELIEF FROM JUDGEMENT/ORDER @ 8        Case ^c2 Document 11 Filed 08/28/24 @ 9 of 23 VII. ^xS / ^x A DOUGLAS V. THE EZRALOW COMPANY LLC – ~m FOR RELIEF FROM JUDGEMENT/ORDER @ 9  Case ^c2 Document 11 Filed 08/28/24 @ 10 of 23 RETURN OF SERVICE DATE Service of the Summons and complaint was made by me (1) 6-25-24 NAME OF SERVER (PRINT) TITLE ^l Check one box below to indicate appropriate method of service TRAVEL Served personally upon the ^df. Place where served: Left copics thereof at the ^df's dwelling house or usual place of bode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: Returned unexecuted: Other (specify): Served upon agent or anyployce. of lawsuit and suntwons. not leasing office 4001 S-watt Ave Sacramento, at +98824 all ^dfs served. SERVICES STATEMENT OF SERVICE FEES DECLARATION OF SERVER TOTAL I declare under penalty of perjury under the laws of the ~1 that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on 4-25-24 Date Signature of Server Douglas v. Ezralous Sole Hendry circle Rockton, CA Address  ^c2 95765 FILED JUN 26 2024 CLERK US ~dc ~ed BY DEPUN CLERK  Case 2:24-cv-00331-KJM:CKD Document 11 Filed 08/28/24 Rage 11 of 23 3/28/24 AUG 16 2024 1 ^c AND ^a P.O. BOX 278004 2 SACRAMENTO CA, 95827 (916)-365-5434 CLERK, ~d BY DEPUTY CLERK 3 AndrewGrant Legal@gmail.com 4 ^c AND ^a, IN PRO PER 5 6 7 8 ^c6 9 10 11 ^c AND Case No. 2:24-CV-00331 KJM-CKD 12 ^a, 13 1.4 ^ps, APPLICATION FOR ENTRY OF DEFAULT I. ~~toc~ @ 1 15 V. II. NOTICE OF APPLICATION FOR ENTRY OF DEFAULT...pg 1 16 III. APPLICATION FOR ENTRY OF DEFAULT...@ 2 1.7 THE EZRALOW COMPANY LLC, IV. DECLARATIONS ...@ 5 V. ^xS...@ 10 18 19 20   25 26 FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. II. NOTICE OF APPLICATION FOR ENTRY OF DEFAULT To the Clerk of the ~2 ~dc for the ~ed: As provided by Rule 55 of the Federal Rules of Civil Procedure, ^ps ^c and ^a; requests that the Clerk enter the default of the following ^df(s) for failure to plead or otherwise defend against this action in a timely manner: TO ALL NAMED ^dfS (Continue to @ 2) 27 28 DOUGLAS V. THE EZRALOW COMPANY LLC * APPLICATION FOR ENTRY OF DEFAULT @ 1    Case ^c2 Document-11 Filed 08/28/24 @ 12 of 23 III. APPLICATION FOR ENTRY OF DEFAULT 4 To the Clerk of the ~2 ~dc for the EASTERN DISTRICT of 5 California: As provided by Rule 55 of the Federal Rules of Civil Procedure, ^ps Cheryl Lynn 6 7 8 Douglas and ^a; requests that the Clerk enter the default of the following ^df(s) for failure to plead or otherwise defend against this action in a timely manner: THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW. 9 10   ΤΟ ALL NAMED ^dfS; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW;   1) As evidenced by the proof of service [see ^x A] on file with this Court, the above named ^dfs were served pursuant to Rule 4 of the Federal Rules of Civil Procedure on June 25th 2024. ALEXIS ARMSTRONG, AUTHORIZED AGENT AND EMPLOYEE OF FIRST POINT MANAGEMENT GROUP LLC, ACCEPTED SERVICE ON BEHALF OF ALL NAMED ^dfS, AND DID NOT REFUSE SERVICE ON BEHALF OF ANY OF THE NAMED ^dfS.   2) The applicable time limit for the above-named ^df to appear or otherwise respond to this action expired on Tuesday, July 16, 2024. 3) The above-named ^dfs have failed to plead or otherwise respond to the 25 26 complaint. This request is based on the attached Declaration of ^ps. 27 28 (Continued on next @) * DOUGLAS V. THE EZRALOW COMPANY LLC APPLICATION FOR ENTRY OF DEFAULT @ 2  Case222240000331KKNMERIDD DDocument& Filed 08/28/24 @ 33061123 1 2 Individual ^dfs Served on June 25th, 2024, according to FRCP Rule 4(e)(2)(c); STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN   FRCP Rule 4(e)(2)(c); (e) "Serving an Individual Within a Judicial District of the ~2. Unless federal law provides otherwise, an individual...may be served in a judicial district of the ~2 by: (C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process." [see ^x A] 8 9 Companies or LLCs Served on June 25th, 2024, according to FRCP Rule 4(h)(1)(b); 10 THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC       25 26 FRCP Rule 4(h)(1)(b); (B) "by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment." [see ^x A] Service of Summons was executed on June 25th, 2024, upon all named ^dfs, directly to the agent authorized by appointment, and agreement. On January 25th, 2024, ^df Stacy White appointed the employees of First Pointe Management Group LLC, of Montebello Homes Leasing Office, as agents authorized for service of summons. Stacy White confirmed "anyone [employee at the office" could accept service of process on behalf of all parties. Stacy White was also representing The Ezralow Company LLC, Mark Ezralow and Brian Ezralow. Originally ^ps had contacted The Ezralow Company directly on January 25th, 2024, notifying them of pending legal action. Stacy White was dispatched on behalf of The Ezralow Company LLC, and First Pointe Management Group LLC, functioning as "legal liaison" as she was authorized to return this call regarding a legal dispute, on behalf of The Ezralow Company LLC (Real Property owners or managers), and First Pointe Management Group LLC (Montebello Homes property 27 management group). 28 (Continued on next @) * DOUGLAS V. THE EZRALOW COMPANY LLC APPLICATION FOR ENTRY OF DEFAULT @ 3  1. 2   Casse22224c0v003331KKIMMERKOD Daeameant & Filed 08/26/24 @ 406113 As sworn in the original verified complaint, Stacy White appointed the employees of Montebello Homes leasing office to receive service of the summons. "21. ^p ^a, asked Stacy White where he can serve the lawsuit or upon whom. Stacy White told ^p that he can serve the lawsuit directly to the Montebello Apartments Office." See complaint 121. On this date, August 15th, 2024; 51 days have passed since the summons was served. We have received no legal response in the ~dc's forum, regarding service of summons, or an answer to our complaint. First Pointe Management Group LLC and The Ezralow Company LLC was notified via 8 email of pending legal action, verbally and in person of pending legal action, and over the phone of 9 10     pending legal action. Additionally, all parties and ^dfs were properly served in the method agreed upon. First Pointe Management Group LLC, The Ezralow company LLC and their employees; in fine ALL NAMED ^dfS have received more than sufficient warning beforehand of pending legal action (in person, via email, by phone), and proper execution of summons in the manner the parties had agreed upon. This request is based on the attached Declaration of ^ps. ^ps hereby declare, certify, verify, and state, under penalty of perjury, under the laws of the Unites States of America that the foregoing is true and correct. Respectfully submitted, 21 8.75.2024 Ch 22 23 DATE 24 25 8-15-2024 26 27 DATE 28 ^c ^p IN PRO PER ^a ^p IN PRO PER * DOUGLAS V. THE EZRALOW COMPANY LLC APPLICATION FOR ENTRY OF DEFAULT @ 4    5 Casse222240-000331KKNMMERDD DDourmeetnt18 Filed 08/28/24 @ 55061123 IV. SWORN DECLARATIONS AND AFFIDAVITS OF PROPER DECLARATION OF ^p CHERYL DOUGLAS I, ^c, declare as follows: 6 7 1. I am a ^p in this action. If called as a witness, I could and would competently testify 8 thereto. 9 10     21 22 2. All named ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, were served pursuant to Rule 4 of the Federal Rules of Civil Procedure, and in the manner agreed upon with STACY WHITE on January 25th 2024. STACY WHITE acting as "legal counsel or liaison" in behalf of The Ezralow Company LLC, and First Pointe Management LLC, and their employees. 3. Under Rule 12 of the FRCP, all name ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, were required to plead or otherwise respond to the complaint by Tuesday, July 16, 2024. The time to plead or otherwise respond to the complaint has not been extended by any agreement of the parties or any order of the court. 23   4. All name ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, have failed to serve or file a pleading or otherwise respond to the complaint. The applicable time limit for responding to the complaint has expired. DOUGLAS V. THE EZRALOW COMPANY LLC APPLICATION FOR ENTRY OF DEFAULT @ 5        Caasste 22 2244 cox-0000333311-KUNA CKKID Document181 Frilledd 088/1208/2244 @ @ofol 23 5. All name ^dfs; THE EZRALOW COMPANY LLC, FIRST POΙΝΤΕ MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, are not minors or incompetent persons. 6. All name ^dfs; THE EZRALOW COMPANY LLC, FIRST PΟΙΝΤΕ MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, are not currently in the military service, and therefore the Servicemembers Civil Relief Act does not apply. 7. We have attached to this declaration a true and correct copy of the proofs of service on file with this Court for the above-named ^dfs. I hereby declare, certify, verify, and state, under penalty of perjury, under the laws of the Unites States of America that the foregoing is true and correct. 8-15-2004 Спище DATE ^c ^p IN PRO PER 28 (continue to next @) * DOUGLAS V. THE EZRALOW COMPANY LLC APPLICATION FOR ENTRY OF DEFAULT @ 6    7 Cassie 22:244-cox-00033311-KIM-CKD Document 181 File001008812682244 Praage 710folk 123 DECLARATION OF ^p ^a I, ^a, declare as follows: 1. I am a ^p in this action. If called as a witness, I could and would competently testify thereto.   18 19 20 2. All named ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, were served pursuant to Rule 4 of the Federal Rules of Civil Procedure, and in the manner agreed upon with STACY WHITE on January 25th 2024. STACY WHITE acting as "legal counsel or liaison" in behalf of The Ezralow Company LLC, and First Pointe Management LLC, and their employees. 3. Under Rule 12 of the FRCP, all name ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, were required to plead or otherwise respond to the complaint by Tuesday, July 16, 2024. The time to plead or otherwise respond to the complaint has not been extended by any agreement of the parties or any order of the court.   25 26 4. All name ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, have failed to serve or file a pleading or otherwise respond to the complaint. The applicable time limit for responding to the complaint has expired. 27 28 DOUGLAS V. THE EZRALOW COMPANY LLC * APPLICATION FOR ENTRY OF DEFAULT @ 7    Case 222244000033311KKINA CKD DDDocument18 Filled 08/28/24 @ 28fo123 5. All name ^dfs; THE EZRALOW COMPANY LLC, FIRST POΙΝΤΕ MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, are not minors or incompetent 4 persons.   12 6. All name ^dfs; THE EZRALOW COMPANY LLC, FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, are not currently in the military service, and therefore the Servicemembers Civil Relief Act does not apply. 7. We have attached to this declaration a true and correct copy of the proofs of service on file with this Court for the above-named ^dfs. I hereby declare, certify, verify, and state, under penalty of perjury, under the laws of the Unites States of America that the foregoing is true and correct. 13 14   19 8-15-2024 20 DATE 21 ^a ^p IN PRO PER 22 23   * DOUGLAS V. THE EZRALOW COMPANY LLC APPLICATION FOR ENTRY OF DEFAULT @ 8  1 2 Сънсе 22 2244 сол-000033311KKUMAECKED Doecument 18 Filled 08/20/2244 @ 19 fol 23 DECLARATION OF ^l SERVER OF SUMMONS AND COMPLAINT   I, ^l, declare as follows: 1. I am not a party in this action. I am the individual who served the summons and complaint, to Alexis Armstrong, on behalf of all ^dfs on June 25th, 2024. If called as a witness, I could and would competently testify thereto.   11 12 1.3 14 2. I served 7 copies of the summons and the complaint to Alexis Armstrong, employee of First Pointe Management Group LLC, at the Montebello Homes Leasing Office, located at 4001 South Watt Avenue, Sacramento California, 95826. ALEXIS ARMSTRONG, AUTHORIZED AGENT AND EMPLOYEE OF FIRST POINT MANAGEMENT GROUP LLC, ACCEPTED SERVICE ON BEHALF OF ALL NAMED ^dfS, AND DID NOT REFUSE SERVICE ON BEHALF OF ANY OF THE 15 NAMED ^dfS. 16 17 18 19 I hereby declare, certify, verify, and state, under penalty of perjury, under the laws of the Unites States of America, that the foregoing is true and correct. 20 21 8-15-24 22 23 DATE J ^l INDIVIDUAL OF SERVICE   DOUGLAS V. THE EZRALOW COMPANY LLC * APPLICATION FOR ENTRY OF DEFAULT @ 9        Case ^c2 Document 81 Fitedc088408244 Plagge12006123 ^xS / ^x A DOUGLAS V. THE EZRALOW COMPANY LLC * APPLICATION FOR ENTRY OF DEFAULT @ 10  Casse 2.2440-0000388311+KUNMOKED Document 1811 FFHG08/8/2/24 @ 21 of 23 1 PROOF OF SERVICE – NOTICE / APPLICATION FOR ENTRY OF DEFAULT FILED -3 4 AUG 16 2024 Douglas et al v. The Ezralow Company LLC et al CASE NO. ^c2 ~2 ~dc 5 CLERK, ~d By 7   1.1 DEPUTY CLERK ~ed I, the undersigned, certify and declare that I am over the age of 18 years, I am a resident of the State of California, and not a party to the above-entitled cause, ON AUGUST 16TH 2024 I served a true copy of APPLICATION FOR ENTRY OF DEFAULT by personally delivering it to the person (s) indicated below in the manner as provided in FRCP 5(b); by depositing it in the ~2 Mail in a sealed envelope with the postage thereon fully prepaid to the following: via Cortified wail 12 13 Place of Mailing 9500 Kiefer blvel 14 Executed on 8-16.24 AT Sacramento CALIFORNIA 95827 15 Time 127 plu 16 17 18 19 20   PARTY OR PARTIES SERVED - FIRST POINTE MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MAILED TO: FIRST POINTE MANAGEMENT GROUP LLC ATTN (ABOVE NAMED PARTIES) 2215 Plaza Dr. Suite 100,. Rocklin, CA 95765 I hereby certify under the penalty of perjury that the foregoing is true and correct, 8-16-24 DATE ^l 25 INDIVIDUAL OF SERVICE 26 27 ^c AND ^a, IN PRO PER P.O. BOX 278004 CUSTOM CV-40 (01/00) SACRAMENTO CA, 95827 28 (916)-365-5434 ^e DOUGLAS V. THE EZRALOW COMPANY LLC * PROOF OF SERVICE - APPLICATION FOR ENTRY OF DEFAULT  Case 2:24-cv-00331-KJM-GKD Document.11 – Filed 08/28/24 @, 22. of. 23 1 PROOF OF SERVICE – NOTICE / APPLICATION FOR ENTRY OF DEFAULT Douglas et al v. The Ezralow Company LLC et al 3 4 FILED AUG 16 2024 CLERK, ~d BY 6 7 8 9 CV DEPUTY CLERK CASE NO. ^c2 ^c6 I, the undersigned, certify and declare that I am over the age of 18 years, I am a resident of the State of California, and not a party to the above-entitled cause, ON AUGUST 16TH 2024 I served a true copy of APPLICATION FOR ENTRY OF DEFAULT by personally delivering it 10 to the person (s) indicated below in the manner as provided in FRCP 5(b); by depositing it in the 11 ~2 Mail in a sealed envelope with the postage thereon fully prepaid to the following: 12 13   21 22 23   (list names and addresses for person(s) served. Attach additional @s if necessary.) Via Cortified mail Place of Mailing 9500 Kiefer Blvd. 95827 Executed on 8-14.24 Time 1:27 pur AT Sacramento CALIFORNIA PARTY OR PARTIES SERVED - MARC EZRALOW, BRYAN EZRALOW, THE EZRALOW COMPANY LLC MAILED TO: CRISTINA AGRA-HUGHES (AGENT OF PROCESS) 23622 CALABASAS RD STE 200 CALABASAS, CA 91302 I hereby certify under the penalty of perjury that the foregoing is true and correct, 811-24 ure  DATE pare ^l INDIVIDUAL OF SERVICE CUSTOM CV-40 (01/00) ^c AND ^a, IN PRO PER ~pa, 95827 28 (916)-365-5434 ^e DOUGLAS V. THE EZRALOW COMPANY LLC * PROOF OF SERVICE - APPLICATION FOR ENTRY OF DEFAULT  Chasse 222244 0x0003331 KIMMCKKD Document118-3 Filele@8/2/8/2/44 PRgg23 of 23 1 PROOF OF SERVICE – NOTICE / APPLICATION FOR ENTRY OF DEFAULT Douglas et al v. The Ezralow Company LLC et al 2 4 5 FILED AUG 16 2024 CLERK, U.S. ~dc EASTERN DISTRICT OF CALA 7   11 12 CASE NO. ^c2 ^c6 I, the undersigned, certify and declare that I am over the age of 18 years, I am a resident of the State of California, and not a party to the above-entitled cause, ON AUGUST 16TH 2024 I served a true copy of APPLICATION FOR ENTRY OF DEFAULT, COPY OF SUMMONS AND COMPLAINT by personally delivering it to the person (s) indicated below in the manner as provided in FRCP 5(b); by depositing it in the ~2 Mail in a sealed envelope with the postage thereon fully prepaid to the following: Via Certified mail 13 14 Place of Mailing 9500 Kiefer blvd 15 Executed on 8.16.24 AT Sacraluen to CALIFORNIA 95887 16 Time 1:27 pun 17 18 19 20   25 26 PARTY OR PARTIES SERVED – CHRIS REBELLO MAILED TO: CHRIS REBELLO 8435 CEDAR HILL CT. ANTELOPE CA 95843 I hereby certify under the penalty of perjury that the foregoing is true and correct, 8-16-24 DATE H ^l INDIVIDUAL OF SERVICE CUSTOM CV-40 (01/00) ^c AND ^a, IN PRO PER P.O. BOX 278004 27 SACRAMENTO CA, 95827 (916)-365-5434 ^e 28 DOUGLAS V. THE EZRALOW COMPANY LLC * PROOF OF SERVICE - APPLICATION FOR ENTRY OF DEFAULT  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text for document 11: ~m For RELIEF From JUDGMENT by ^a. ~m Hearing set for 10/10/2024 at 10:00 AM in Courtroom 24 (CKD) before ^mj Carolyn K. Delaney. (Kyono, V) 11/19/2024, 3:28 AM  Firefox 1 of 1  ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [12] Minute Order served on ^c and ^a. (Kennison, L) 11/19/2024, 3:28 AM  Firefox 1 of 1   ### MINUTE ORDER ### Full docket text for document 12: MINUTE ORDER issued by Courtroom Deputy L. Kennison for Chief ^mj Carolyn K. Delaney on 8/29/2024. The court is in receipt of [11] ^ps' ~m for Relief from Judgment or Order which is noticed for an unavailable date. On the court's own ~m, the hearing is RESET for 10/9/2024 at 10:00 AM via Zoom before ^mj Carolyn K. Delaney. (Text Only Entry) (Kennison, L) 11/19/2024, 3:18 AM  Case ^c2 Document 13 Filed 09/24/24 @ 1 of 12 Tiffany D. Truong (SBN: 292463) 1 John Barbar (SBN: 334027) KIMBALL, TIREY & ST. JOHN LLP 2 915 Wilshire Blvd., Suite 1650 Los Angeles, CA 90017 3 Telephone: (213) 337-0050 Email: Tiffany.Truong@kts-law.com 4 Email: John.Barbar@kts-law.com 5 THE EZRALOW COMPANY, LLC; 6 FIRST POINTE MANAGEMENT GROUP 7 Attorneys for Specially Appearing ^dfs, (erroneously sued as First Pointe Management Group LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); 8 LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW 9 ~2 ~dc 10 FOR THE ~ed 11 12 Case No.: ^c2 13 ^dfS' NOTICE OF ~m ^c, et al., 14 ^ps, 15 AND ~m TO QUASH SERVICE OF SUMMONS AND ~m TO VACATE DEFAULT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT VS. 16 THEREOF 17 THE EZRALOW COMPANY, LLC, et al., [Filed concurrently with: 18 ^dfs. 19 20 Date: 21 Place: Time: Declaration of Stacey White; Request for Judicial Notice; [Proposed] Order] October 31,2024 1:30 pm Courtroom 3, 15th Floor Judge: Honorable Kimberly Mueller 22 23   TO THIS HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEY(S) OF RECORD: YOU ARE HEREBY NOTICED THAT on October 31,2024 at 1:30 p.m., in Courtroom 3 on the 15th Floor of this Court located at 501 I Street, Sacramento, CA 95814, Specially appearing ^dfs THE EZRALOW COMPANY, LLC; FIRST POINTE MANAGEMENT GROUP 1 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT KIMBALL, TIREY & St. John Attorneys At Law Los Angeles      14 15 16 Case ^c2 Document 13 Filed 09/24/24 @ 2 of 12 (erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW (“^dfs") shall and hereby do move this Court for and hereby does seek an Order to quash service of ^p's Complaint and Summons for defective service under Federal Rule of Civil Procedure (“FRCP”) 4. This ~m is made because ^ps have failed to effectuate proper service on ^dfs, this Court should quash ^ps' defective service of process on ^dfs. Furthermore, ^dfs move this Court and hereby does seek an Order to set aside and vacate the Court's entry of default of FIRST POINTE MANAGEMENT GROUP, LLC and STACEY WHITE (erroneously sued as STACY WHITE) issued on August 20, 2024, pursuant to FRCP 55(c). This ~m is made because good cause exists to set aside this default on three independent grounds: (1) setting aside the default will not prejudice ^ps; (2) the Defaulted ^dfs have a meritorious defense; and (3) the Defaulted ^dfs have not engaged in any culpable conduct to lead to their default. More importantly, default must be set aside because it was entered based on defective service. 17 18 Although ^ps are not represented, pursuant to this Court's Civil Standing Order, prior 19 20 21 22 to the filing of these ~ms, ^dfs sent ^ps a letter regarding their improper service on July 8, 2024. To date, ^ps have not responded back to ^dfs. (See, Civil Standing Order, § 4A(a).) Further, the parties have not had any settlement discussions pertaining to ^ps' claims. (See, Id., § 4A(d).) 23 These ~ms will further be based upon this Notice of ~m and ~m, the attached 24 the Memorandum of Points and Authorities, the Declaration of Stacey White and upon all of the 25 papers and pleadings on file herein and upon such other oral and documentary evidence as may be 26 properly received by the Court at the time of the hearing. 27 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 2 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 13 Filed 09/24/24 @ 3 of 12 1 DATED: September 24, 2024 KIMBALL, TIREY & ST. JOHN, LLP 2 3 4 /s/ Tiffany Truong By: 5 Tiffany Truong, Attorneys for Specially Appearing ^dfs, THE EZRALOW COMPANY, LLC, et al. 6     KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 3 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  Case ^c2 Document 13 Filed 09/24/24 @ 4 of 12   11 12 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION AND FACTS ^ps ^c and ^a ("^ps"), both of which are California residents, filed a complaint against THE EZRALOW COMPANY, LLC; FIRST POINTE MANAGEMENT GROUP (erroneously sued as First Pointe Management Group LLC); STACEY WHITE (erroneously sued as STACY WHITE); CHRIS REBELLO (erroneously sued as CHRIS ROBELLO); LESLIE HUFFMAN; MARC EZRALOW; and BRYAN EZRALOW (“^dfs”) for alleged housing discrimination, gross negligence, violation of California's Unfair Competition Law under Business and Professions Code § 17200, and intentional infliction of e~mal distress. (See generally, ECF No. 1.) ^ps are not lawyers and are proceeding pro se in this matter. (ECF No. 2.) 13 ^ps allegedly served all ^dfs on June 25, 2024, via an “agent or employee of 14 15 First Pointe Management group 7 copies of lawsuit and summons. At leasing office . . .” (See, ECF No. 7.) 16 17 18 19 On July 8, 2024, ^dfs sent a letter to ^ps regarding their alleged service on all seven ^dfs, notifying ^ps that ^dfs have not been properly served. (Decl. of Stacey White (“White Decl.”), ¶¶ 6; Ex. 1.) Despite ^ps having confirmed receipt of this letter, ^dfs did not hear back from ^ps. (White Decl., ¶¶ 7.) 20 Despite improper service on ^dfs, ^ps filed their Request for Entry of Default   as to all ^dfs on August 16, 2024. (ECF No. 8.) ^dfs only learned of ^ps' attempts to enter default on or about August 19, 2024, when a former employee received a copy of ^ps' Request for Entry of Default in the mail and reported it. (White Decl., ¶¶ 8.) 25 26 On August 20, 2024, this Court entered default as to FIRST POINTE MANAGEMENT GROUP and STACEY WHITE while also declining ^ps' Request because it was “unable to determine if summons was appropriately served based on the documents filed.” (ECF Nos. 9, 10.) 27 28 KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 4 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT    Case ^c2 Document 13 Filed 09/24/24 @ 5 of 12 On August 28, 2024, ^ps filed their ~m for Relief from Judgment ex parte with hearing set on October 10, 2024. It appears the basis of ^ps' argument is that the Court's orders in Dockets 9 and 10 “were made in error.” (ECF No. 11, at 2:9-12.)   ^ps' proof of service does not accurately indicate how service was completed and upon whom ^ps' Complaint and Summons was served. Despite ^dfs' good faith efforts to notify ^ps that they have not effected proper service on them, ^ps continue to press forward and attempt to hide this from the Court while seeking to obtain defaults on all ^dfs. 8 This Court should quash ^ps' improper service of its Summons on ^dfs. Additionally, 9 10 because service was improper, this court should set aside and vacate its default on ^dfs FIRST POINTE MANAGEMENT GROUP and STACEY WHITE.   14     II. SERVICE OF THE SUMMONS ON ALL ^dfS MUST BE QUASHED BECAUSE IT FAILS TO COMPLY WITH THE LAW Every ^df in a federal action must be timely and validly served by the ^p(s) with a summons and a copy of the complaint. (Fed. R. Civ. P. (“FRCP”) 4(c)(1).) If a ^df is not served within 90 days after the complaint is filed, the ~dc (on ~m or on its own after notice to the ^p) must dismiss the action without prejudice against that ^df or order that service be made within a specified time. (FRCP 4(m) (emphasis added).) FRCP 4 codifies a basic element of litigation: service of process is a prerequisite for personal jurisdiction over a ^df. (Jackson v. Hayakawa, 682 F.2d 1344, 1347 (9th Cir. 1982) ("^dfs must be served in accordance with Rule 4. or there is no personal jurisdiction."); Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350 (1999) (holding that service of process is "fundamental to any procedural imposition on a named ^df"). A court may not assert personal jurisdiction on a ^df unless proper service of process is effectuated. (S.E.C. v. Ross, 504 F.3d 1130, 1138 (9th Cir. 2007).) Absent proper service, a court may not assert jurisdiction over a ^df unless the ^df consents to jurisdiction or waives service. (Id. at 1138-39.) KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 5 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT    Case ^c2 Document 13 Filed 09/24/24 @ 6 of 12 Where, as here, sufficiency of process and/or service is challenged prior to filing an answer, such a challenge is properly made by ~m to dismiss or quash pursuant to Rule 12. (Chilicky v. Schweiker, 796 F.2d 1131, 1136 (9th Cir. 1986), rev'd on other grounds, Schweiker v. Chilicky, 487 U.S. 412 (1988).) "Courts generally treat Rule 12(b)(4) and (5) as more or less interchangeable, but when a ^df shows improper service of process, the ~m to quash will be granted." (2 Moore's Federal Practice § 12.33 (2024) (emphasis added).) 5 6 7 8 In this action, despite being against seven separate ^dfs, there is only one proof of service filed for this Court to consider. (See, ECF No. 7.) The individual that allegedly effectuated 9 service on behalf of ^ps was ^l, who is not a registered process server. While 10 the FRCP does not affirmatively state what the server's affidavit must contain, for a generally valid   proof of service, the date of service, the place of service, the person/entity served, the documents served, and the manner of service are essential. (Stevenson & Fizgerald, Rutter Practice Guide Federal Civil Procedure Before Trial § 5:315 (2024).) 14 15 16 Here, ^ps' proof of service does not state the manner of service nor the person(s) served. (See, ECF No. 7.) Instead, it makes a blanket statement that it was purportedly “served upon an agent or employee of First Pointe Management Group" and that “all ^dfs [have been] 17   served" on June 25, 2024. (Id.) There is not even a description of the individual(s) served; there is patently no way for this Court to determine which individual has been served with ^ps' Summons and Complaint and whether such individual was authorized to accept service on behalf of a business entity. (FRCP 4(h)(1)(b) (a business entity can be served by delivering a copy of the 22 23   KIMBALL, TIREY & St. John Attorneys At Law Los Angeles summons and complaint to: (1) an officer, (2) a managing or general agent, or (3) any other agent authorized by appointment or by law to receive service of process).) Neither ^dfs nor this Court can even engage in such analysis because of the dearth of information in ^ps' proof of service. There is also zero explanation why each of the individually named ^dfs were not personally served, that the server made any due diligence attempts to personally serve each ^df, and why the person served apparently could accept service on behalf of each of them. 6 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT      14   Case ^c2 Document 13 Filed 09/24/24 @ 7 of 12 The reason is quite clear and simple the person served had no legal authority to accept service on behalf of any ^df and ^ps attempt to hide this fact. (White Decl., ¶ 4.) Further, ^ps identified the wrong ^df in their filings. FIRST POINTE MANAGEMENT GROUP is a registered fictitious business name in the County of Sacramento which ^ps erroneously sued as FIRST POINTE MANAGEMENT GROUP, LLC. (Request for Judicial Not., Ex. 3.) FIRST POINTE MANAGEMENT GROUP, LLC is a terminated Delaware company and does not have its principal address nor its agent for service of process located at the 4001 S. Watt Ave., Sacramento, CA 95826 – the address where Ms. ~h allegedly served ^ps' Summons and Complaint. ^ps cannot demonstrate that any registered agent of FIRST POINTE MANAGEMENT GROUP or even the erroneously named FIRST POINTE MANAGEMENT GROUP, LLC were properly served. It is similar for ^df THE EZRALOW COMPANY, LLC. The remaining individual ^dfs were not located at 4001 S. Watt Ave. at the time Ms. ~h was there so as to be effectively served with ^p's Summons and Complaint. (See generally, Request for Jud. Notice) Once service by ^df is challenged, ^ps bear the burden of establishing that service was valid. (Brockmeyer v. May, 383 F.3d 798, 801 (9th Cir. 2004).) "[T]o do so, [they] must demonstrate that the procedure employed to deliver the papers satisfied the requirements of 19 20 the relevant portions of Rule 4 and any other applicable provision of law." (Wright & Miller, Federal Practice and Procedure: Civil 3d § 1083 (4th ed.).) If ^ps fail to meet their 21 22 burden, "the ~dc has discretion to dismiss an action." (S.J. v. Issaquah Sch. Dist. No. 411, 470 F.3d 1288, 1293 (9th Cir. 2006).) 23 24 Therefore, ^dfs request this Court quash ^ps' defective service of process on ^dfs. 25 // 26 // 27 // 28 // KIMBALL, TIREY & St. John Attorneys At Law Los Angeles 7 ^dfS' ~m TO DISMISS OR QUASH SERVICE OF SUMMONS AND ~m ΤΟ VACATE DEFAULT  ."
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     "text": "LIVE 1.8.3 NEXTGEN CM/ECF - ^c5 https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?137981333096755... 1 of 2 Query Reports Utilities Help Log Out ^c3 (PS) ~h v. USA Daniel J. Calabretta, presiding Allison Claire, referral Date ^f: 10/30/2024 Date ^t: 01/21/2025 Date of last filing: 01/21/2025 Doc. No. Dates History Description 1 ^f: 10/30/2024 Complaint ^e: 10/31/2024 2 ^f: 10/30/2024 ~p ^e: 10/31/2024 ^t: 01/21/2025 ^fe: 10/31/2024 IFP Application 3 ^f: 11/01/2024 Declaration ^e: 11/04/2024 ^fe: 11/04/2024 Service by Mail 4 ^fe: 11/04/2024 Findings and Recommendations (~m) ^t: 01/21/2025 5 ^fe: 11/12/2024 ~m for Temporary Restraining Order ^t: 11/14/2024 6 ^fe: 11/13/2024 ^t: ~m for Temporary Restraining Order 11/14/2024 ^fe: 11/14/2024 7 ^fe: 11/14/2024 8 ^f: 9 ^e: 11/22/2024 11/25/2024 ^fe: 01/21/2025 ^fe: 01/21/2025 10 ^fe: 01/21/2025 Service by Mail Minute Order Consent/Decline of ^mj Jurisdiction Service by Mail Order Adopting Findings and Recommendations Judgment PACER Service Center Transaction Receipt 03/15/2025 18:40:57 PACER Andrew.Grant.~h Client Code: Login: Description: History/Documents Search Criteria: 2:24-cv-02988- DJC-AC 3/15/2025, 6:41 PM  LIVE 1.8.3 NEXTGEN CM/ECF - ^c5 https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?137981333096755... 2 of 2 Billable @s: 1 Cost: 0.10 3/15/2025, 6:41 PM  ### MINUTE ORDER ### Full docket text: APPLICATION TO PROCEED IFP filed - Court Action Required. (Lopez, K)    Case ^c3 Document 1 Filed 10/30/24 @ 1 of 31 ^a SACRAMENTO CA, 95827 P.O. BOX 278004 (916)-365-5434 ^e 4 ^a, IN PRO PER 5 FILED OCT 30 2024 CLERK, U.S. DISTRICT COUR ~ed BY DEPUTY CLERK 6 7 8 9 ^c6 10 11 Case No.: 2:24-CV-2988 DJC- 12 ^a, AC (PS) 13 14 ^p, V. COMPLAINT SEEKING DAMAGES AND DEMAND FOR JURY TRIAL I. 15 ~1 ~toc & VENUE II. FEDERAL TORTS ACT & GROUNDS 16 ^dfs. III. 17 18 IV. V. VI. 19 20   CROSS-CLAIM Case No.: ^c1 ~h V. ^am CROSS-CLAIM Case No.: 2:24-CV-00331 KJM-CKD Douglas V. The Ezralow Company LLC, et. al "GOVERNMENTS ARE INSTITUTED 25 AMONG MEN, DERIVING THEIR JUST 26 27 28 POWERS, FROM THE CONSENT OF THE GOVERNED" Declaration of Independence VII. FOR CROSS-CLAIM --PREFACE – DECLARATION OF INDEPENDENCE, AMERICA'S FIRST COMPLAINT CAUSES OF ACTION DEMAND FOR JURY TRIAL BLOOD UPON THE ROCK [SEALED TO THE PUBLIC] COMPENSATORY AND ---PUNTIVE DAMAGES THIS LAWSUIT IS BASED ON THE FEDERAL TORTS CLAIMS ACT The FTCA is found in 28 U.S.C. §§ 1346, 2671-2680 OF THE US CODE THIS LAWSUIT WILL BE AMENDED ON OCTOBER 31RST 2024 ~h V. THE ~1 – COMPLAINT @ 1    Case ^c3 Document 1 Filed 10/30/24 @ 2 of 31 I. VENUE 4 5 6   I, ^a declare civil rights violations; and declare that the Federal Court, ~ed is actively involved with the obstruction of Justice, having a detrimental effect on the outcome of two other Lawsuits. Negligence, violation of due process, discrimination Against Pro Se - or Self-Represented litigants within the ~dc, aka the Federal Court System The Judicial Branch of the ~1, has been corrupted, and the Legal system has been purposefully made excessively complicated, with ends to sustain the greed of Corporations. Catering to the dollar and, instilling fear and intimidation to deter Citizens from utilizing The law. I declare that the Government of ~1, is complicit in upholding a complex system of "debt slavery” and “prosperity suffocation". And the near total destruction of our rights among many other things which will be presented in this complaint. This Federal Court, ~2 ~dc, ~ed, has the proper authority and Jurisdiction to hear this case. The FTCA is found in 28 U.S.C. §§ 1346, 2671-2680. This lawsuit is beginning to document the violations of constitutional law, and the negligence of the courts and the damages that I am suffering and will continue to suffer due to the neglect and oppression of the Judicial Branch of the ~2 Government. I am also at this time, documenting and bringing forth cause of action for violation of my Fifth Amendment Rights, the rights of due process. "No person shall be deprived of life, liberty, or property, without due process of law;" - The Fifth amendment of the Constitution, Bill of Rights.   Continue to next @. ~h V. THE ~1 - COMPLAINT @ 2  1 Case ^c3 Document 1 Filed 10/30/24 @ 3 of 31 II. FEDERAL TORTS ACT AND GROUNDS FOR CROSS CLAIM 2 3 A government claim form 95 is attached to this complaint as ^x A. 4 5 The Federal Tort Claims Act (FTCA) is found in the ~2 Code (USC) at 28 6 7   U.S.C. §§ 1346, 2671-2680, and 2401(b). The FTCA is a law that allows individuals to file claims against the federal government for damages caused by the negligent or wrongful actions of federal employees. FRCP Rule 13. Counterclaim and Crossclaim (a) COMPULSORY COUNTERCLAIM. (1) In General. A pleading must state as a counterclaim any claim that at the time of its service-the pleader has against an opposing party if the claim: (A) arises out of the transaction or occurrence that is the subject matter of the opposing party's claim; (g) CROSSCLAIM AGAINST A COPARTY. A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the 18 subject matter of the original action. The crossclaim may include a claim that the coparty is or may be 19 liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant. 20 21 22 23   The ~2 is now a “coparty" (co-party ?) to these cases; CROSS-CLAIM Case No.: ^c1 ~h V. ^am And CROSS-CLAIM Case No.: 2:24-CV-00331 KJM-CKD Douglas V. The Ezralow Company LLC, et. al 28 ~h V. THE ~1 - COMPLAINT - @ 3  Case ^c3 Document 1 Filed 10/30/24 @ 4 of 31   FRCP RULE 13 (d) states; (d) COUNTERCLAIM AGAINST THE ~2. These rules do not expand the right to assert a counterclaim or to claim a credit-against the ~2 or a ~2 officer or agency. Foremost this is not a the ~2 attempting to claim any “Sovereign Immunity", is not constitutional. The Declaration of Independence makes it clear that the Government only has "just powers" and they are derived from the Citizens. The same Declaration of Independence also states that 7 8 when any form of government becomes destructive to these ends (upholding my inalienable rights and 9 deriving just powers from my consent); it is the right of the people to alter or abolish that form of Government. 10   14   Second The federal government did this when it passed the Federal Tort Claims Act, which waived federal immunity for numerous types of torts claims. Third simple reason would dictate that if the Government can be Abolished, for not securing "just powers" or becoming destructive to our rights; simple reason would dictate if any form of Government can be destroyed, it can most certainly be help accountable. Lastly anyone attempting to construe the law in such a way, as to prevent the flow of justice, or to irritate, molest, bother or impede me, or that flow; you will be amended into this complaint and bound together in the same punishment, and heap upon yourself 18 19 Even though this is not a counter-claim, there is persuasive authority in that Certain other circuits 20 21 recognize the right of counterclaim against the ~2 in the federal courts, if there is a 22 23 24 25 specific statutory jurisdictional basis for suit against the ~2 for the same cause of action. See ~2 v. Silverton, supra; ~2 v. 40.60 Acres of Land, 483 F.2d 927, 928 (9th Cir. 1973) Again logic and reason dictates if a government may be destroyed or altered as the ultimate accountability, than simply being accountable in code and in record, for the pursuit of Justice, what is 26 27 fair and what is right; logic would dictate that bringing any just claim against the ~2 should 28 not only be permitted, but encouraged, so as to prevent furthers abuses, and to encourage citizens to ~h V. THE ~1 - COMPLAINT @ 4  Case ^c3 Document 1 Filed 10/30/24 @ 5 of 31 1 engage in the same practice to hold the Government accountable for wrongs committed by its employees under the capacity of their employment, or the system itself. For ultimately it is indeed better for it to be altered, and rights to be exercised, than for the whole system to be Abolished. 2     However when Tyranny prevails, and the system is engaged in creating ETERNAL DEBT, and ETERNAL INTREST, and making the average citizen a borrower, when the Government itself, or employees have undertaken to function under the capacity of the ~2 Government, or call themselves of the Government while they behave tyrannically, upholding secret and murderous combinations, looting the sacred burial sites of the ancients and the natives. Making Capitalism a God we are forced to worship, who scrapes off the top of our prosperity-taking away our prosperity, and making us debt slaves--- Indeed, agents of the ~2 GOVERNMENT have engaged in all these things, and some actively are aligning to destroy the Constitution and create a monarchy or pseudo-monarchy. The Judicial and Legislative branches function by their own design and the average, the Executive Branch is a Distracting, absurd, and Painful drama. The constitution hangs, as if it were, by a thread, yet it hangs. This paragraph will be elaborated on in the section "Blood Upon The Rock" 16 17 18 19 III. PREFACE THE DECLARATION OF INDEPENDENCE, AMERICA'S FIRST LAWSUIT AND COMPLAINT 20 21 22 America was born, running from the crown, it seems man's everlasting fate while in the flesh, to run and flee from his oppressors. America was designed by our forefathers or the government of the United 23 24 25 states more specifically, our government was designed to mitigate the usurpation of complete authority, or two avoid the distribution of excessive power to anyone or any number of people. It's my burden, to inform you that is wonderful as this system is in comparison to what we know of civilization, or what 26 we've seen in history and for those who simply enjoy this freedom or the residue of freedom that we are 27 now grasping to nourish and to save; is my burden to inform you that there is another order even a secret 28 order or a dark order that has always been successful in thwarting the greatest nations and the greatest ~h V. THE ~1 - COMPLAINT @ 5  Case ^c3 Document 1 Filed 10/30/24 @ 6 of 31   7 8 people, this is that serpent who beguiled our first parents. This is that devil even Lucifer who rebelled from the beginning who is an enemy to our father and who is a liar from the beginning. The first murder was committed for covet means, so that one man Cain, might inherit everything that his brother had, who was Abel. The beginning of humanity the birth of all human life and the first family was pricked by an unfathomable grief for all including he who perpetrated this act. We all have a consciousness we all know right from wrong but unfortunately we're driven not by our consciousness but by our desires of our heart and sometimes those desires are polluted. I stand before you a Sinner and the one who has borne shame since I was a child I've never had a home though I was born in America I've been fatherless even though I have a father, I am childless and I 9 10 am a widower because of sin and because of shame. I don't want to win this lawsuit I don't certainly ask 11 12 for a reward that is not rewarded by justice. I will win this lawsuit I already have won, because I know right from wrong and it is a simple and a straight and narrow path. 13 The pursuit of justice is likewise a straight and narrow path. Justice only becomes complicated when our law becomes complicated the path to justice only becomes a path to destruction when we forsake the     25 simple and the plain for the complex and the extravagant. So many things in our law say a person of normal intelligence a person of normal intelligence a person of normal intelligence, yet no citizen of normal intelligence engages in this system let alone against a corporation or the government. I'm a citizen and a person of normal intelligence, although I have some physical and some mental disabilities, and i as i said carry some shame and I struggle with my sin, I still have a simple consciousness and understanding of right and wrong. The Declaration of Independence reads when in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the laws of nature and nature's God entitle them a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. 26 Here in these wards we are introduced to nature's God that is the most important of all our legal 27 system that nature follows the law and nature is therefore created and nature has a God. So in this 28 ~h V. THE ~1 - COMPLAINT @ 6  Case ^c3 Document 1 Filed 10/30/24 @ 7 of 31       lawsuit I'm not asking you to consider my worthiness or the worthiness of my words, I'm exhorting you to consider my separate and my equal station which I am entitled by my God and our God. We hold these truths to be self-evident that all men are created equal and they're endowed by their creator with certain inalienable rights that among these are life liberty and the pursuit of happiness- creator with a capital C. The capital C denoting respect. And that creator is Christ even Jesus of Nazareth. So if you were to consider my inalienable rights and your inalienable rights and you are to consider that equal and separate station as I am a separate consciousness as you are a separate consciousness you must also understand that these things come because of Christ. And if you do not know or you dispute that the creator is Christ then you don't need to touch this case and you need to recuse yourself and Oregon read the book of John the beloved, also known as John the divine. The declaration continues to say to state to secure these rights governments are instituted among men deriving their just powers from the consent of the governed that when any form of government becomes destructive of these ends is it right it is the right of the people to alter or abolish it and to institute new government laying its foundations on such principles and organizing its powers in such form as to them shall seem most likely to affect their safety and happiness. This is clear and simple the government and all its systems can only wheeled just powers, and it only has its power by our consent it does not rule over us yet it is granted its authority by us. It has no inherent authority it has no authority it is only granted authority. So I will explain explain this again and more detailed words that are in tune with the same spirit. WE THE PEOPLE, OF THE ~1, HOLD ALL KEYS OF AUTHORITY AND POWER OVER OUR GOVERNMENT. --THE GOVERNMENT CAN HAVE NO POWER, OR AUTHORITY, EXCEPT IT IS GRANTED. AND IT CAN ONLY BE GRANTED, BY THE WILL OF THE PEOPLE, AND BY OUR CONSENT. --THE GOVERNMENT BY ITSELF, HAS NO POWER OR AUTHORITY- ~h V. THE ~1 - COMPLAINT @ 7  Case ^c3 Document 1 Filed 10/30/24 @ 8 of 31   7 Bearing those things in mind those three things particularly one there is a God and he is Christ the Messiah Jesus of Nazareth he who died and was crucified for our sins and rose again on the third day, the government only has just powers and those powers are granted by the people and #3 Justice, and right and wrong is a simple thing. straight and narrow is the path that leads to justice or in other words right and wrong is a simple road, Right and wrong never vary, it's only the human heart that varies. With the heart that becomes polluted and wind we veer from that straight and that narrow path which leads to salvation we must acknowledge it and we must turn around or that very oftentimes 8 inconvenient to our desires, we must repent. 9 10   14 15 I could list examples line by line of how the American government has not only behaved like the king of England whose crown we escaped and we ran from. Not only has our government and its officials engaged in every act or worse as stated in the Declaration of Independence or complained of against the king of England; it has done those things and worse two people that are not citizens of our country. That doesn't mean with this lawsuit we're going to change the world but it is necessary that we begin to repent that we begin 2 recognize who our God is and not forget because without God there is no 16 justice without God there is no right or wrong without God there is no thing neither can be a thing 17 18 19 20   neither can anything exist without God yet we assume 2 judge ourselves our people and other nations without God. IV. CAUSES OF ACTION FIRST AND SECOND CAUSE OF ACTION (NEGLIGENCE AND VIOLATION OF THE FIFTH AMMENDMENT) 25 26 In this lawsuit CROSS-CLAIM Case No.: 2:24-CV-00331 KJM-CKD, Douglas V. The Ezralow Company LLC, et. al, me and my mother are ^ps. On June 25th, 2024 the ^dfs 27 were all served according to an agreement we had made with Stacy White, in that Lawsuit. We filed the 28 summons return, proof of service on June 26th, 2024. ~h V. THE ~1 - COMPLAINT @ 8  Case ^c3 Document 1 Filed 10/30/24 @ 9 of 31 1 2 See the following docket receipt. 3 4 (note the transaction receipt is just the cost for viewing this docket item) 5 6 7 8 ### MINUTE ORDER ### Full docket text for document 7: SUMMONS RETURNED EXECUTED: Bryan Ezralow; Marc Ezralow; First Pointe Management Group LLC; Leslie Huffman; Chris Robello; and The Ezralow Company LLC served on 6/25/2024. (Murphy, J) 9 10   PACER Service Center Transaction Receipt 10/29/2024 07:55:13 14 PACER 15 Login: Andrew.Grant.~h Client Code: 16 17 Description: History/Documents Search Criteria: 2:24-cv-00331- KJM-CKD 18 Billable 1 Cost: 0.10 19 @s: 20   25 26 We waited for a response until AUGUST 16TH 2024. We waited 50 days before we took the next step in action to file Request for Entry of Default. We properly filed and ~med for entry of Default. 27 28 (next @) ~h V. THE ~1 - COMPLAINT @ 9  Case ^c3 Document 1 Filed 10/30/24 @ 10 of 31 1 2 On that same date the Clerk left two notes first "### MINUTE ORDER ### Full docket text for document 9: 3 4 CLERK'S ENTRY OF DEFAULT as to *First Pointe Management Group LLC, Stacy White* (Murphy, J)" 5 6 And 7 8 "### MINUTE ORDER ### Full docket text for document 10: 9 REQUEST FOR ENTRY OF DEFAULT DECLINED as to Bryan Ezralow, Marc Ezralow, Leslie 10 Huffman, Chris Robello, The Ezralow Company LLC. The clerk hereby declines to enter due to Unable 11 12 to determine if summons was appropriately served based on the documents filed. (TEXT ONLY) (Murphy, J)" 13 14 15 16 The Clerk entered Default on two ^dfs (as noted above) and then Declined on the rest of the ^dfs. However all ^dfs were served the same day, in the same manner. All ^dfs were nearly 30 days passed their response time according to summons which stated 21 days. 17   It's counterintuitive for the Clerk to Decline, because we provided not only the proof of service, but affidavits of the manner in which the service was executed and all of the details relevant. No where in the FRCP does it say that "Clerk will interpret the events" when entering default. The FRCP states, in Rule 55. Default; Default Judgment (a) ENTERING A DEFAULT. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default. The Clerk took it upon themselves to interpret the FRCP, ignored the Sworn Affidavits and Proof of Service, consequently shielding the defense and putting us in a severe disadvantage. The court literally shielded a defense that had been served and had been noticed of action, twice. First by service of summons, and second upon application for Entry of Default, all named ^dfs were served. Consequently on august 8th 2024, we filed a ~m for relief of judgement or order – based on clerical mistakes. The ~m was scheduled for October 10th 2024. ~h V. THE ~1 – COMPLAINT - @ 10  1 Case ^c3 Document 1 Filed 10/30/24 @ 11 of 3  5 We stated that The Ninth Circuit has ruled "[A] signed return of service constitutes prima facie evidence of valid service which can be overcome only by strong and convincing evidence." SEC v, Internet Solutions for Bus., Inc., 509 F.3d 1161, 1163 (9th Cir.2007). Our ~m was without any defect and properly scheduled to be heard on October 10th 2024. 6 7 On 09/24/2024 ^dfs made a "special appearance" and ~med for Quash of service and entry of Default. 70 days after the 21 days allotted. 8 9   24 25 The next relevant docket item states "### MINUTE ORDER ### Full docket text for document 16: AMENDED [13] ~m to QUASH by The Ezralow Company LLC. ~m Hearing set for 11/13/2024 at 10:00 AM in Courtroom 24 (CKD) before ^mj Carolyn K. Delaney. (Attachments: # (1) Declaration of Stacey White, # (2) Supplement Request for Judicial Notice, # (3) Proposed Order) (Truong, Tiffany) Modified on 9/26/2024 (Kyono, V). So, the ^mj Carolyn K. Delaney (hereafter as CKD, instead of hearing us on October 10th, rushes in to shield the Defense who are "specially appearing", 70 days after summons was executed. Essentially 70 days in Default. Judge CKD, knowing that the 9th Circuit ruling is binding, upends due process first by rescheduling us to be heard on the same day, even though the subject matter was between us and the Court we were scheduled to ask the court why they didn't enter Default, after defense has two opportunities to utilize the system, and essentially a 3rd misc. opportunity in the time provided and passed. CKD uproots our schedules ~m which subject matter was directly about the actions of the Clerk/Court in regards to their interpreting the FRCP, and declining to enter Default. Which is of dire consequence to the progress and the projection of the case, period. Their default status needed to be fully litigated before ANYTHING ELSE. Judge CKD instead moves our ~m to the same day. "### MINUTE ORDER ### Full docket text for document 19: MINUTE ORDER issued by Courtroom Deputy, L. Kennison for Chief ^mj Carolyn K. 26 Delaney on 10/1/2024: On the court's own ~m and for judicial economy, the ~m hearing set for 2.7 28 10/9/2024, as to, ^ps' [11] ~m for Relief from Judgment is RESET for 11/13/2024 at 10:00 AM via Zoom before Chief ^mj Carolyn K. Delaney. (Text Only Entry) (Kennison, L)" ~h V. THE ~1 - COMPLAINT @ 11  Case ^c3 Document 1 Filed 10/30/24 @ 12 of 31 1 /next @ 2 Then randomly cancels it all together. "### MINUTE ORDER ### Full docket text for document 20: 3 ORDER signed by ^mj Carolyn K. Delaney on 10/16/2024 VACATING the ~m 4 hearing set for 11/13/2024; DIRECTING ^ps to file an opposition or a statement of non-opposition 5 within 14 days; ^df may file reply within 10 days of ^p's filing. (Becknal, R.) 6 7 Judge CKD writes in Document 20; 8 "^ps proceed without counsel on a fee-paid complaint seeking damages and 9 10 11 injunctive relief. (ECF No. 1.) On August 28, 2024, ^ps filed an ex parte ~m styled as a ~m for relief from an order based on clerical mistakes. (ECF No. 11.) ^df The Ezralow Company LLC has opposed the ~m. (ECF No. 18.) 12 13 14 15 On September 25, 2024, ^df The Ezralow Company LLC filed an amended ~m to quash service of summons. (ECF No. 16.) ^ps did not file a timely opposition to the ~m to quash service of summons. See Local Rule 230(c). 16 17 ^ps' failure to timely file an opposition or statement of non-opposition to the ~m to quash service of summons violates Local Rule 230(c). 18 19 However, the court will provide 20 21 22 ^ps with a further opportunity to respond to the pending ~m within 14 days after service of this order. ^ps are cautioned that any further failure to respond will be construed as their non-opposition to the ~m which could also constitute grounds for dismissal of this case. 23   Local Rule 230(c) states "[n]o party will be entitled to be heard in opposition to a ~m at oral arguments if opposition to the ~m has not been timely filed by that party...." Accordingly, the hearing set for November 13, 2024, on ^df's ~m to quash is vacated. After the conclusion of briefing, the ~m will be submitted for decision on the record and written briefing. Separately, the court finds ^ps' ~m for relief from an order based on ~h V. THE ~1 - COMPLAINT @ 12  Case ^c3 Document 1 Filed 10/30/24 @ 13 of 31   clerical mistakes is suitable for decision without oral argument under Local Rule 230(g). If the court subsequently determines that oral argument would be beneficial for either ~m, the parties will be notified accordingly. 4 5 In accordance with the above, IT IS ORDERED as follows: 6 7   18 19 20 1. The hearing on ^ps' ~m for relief from an order reset to take place on November 13, 2024, and the hearing on ^df's ~m to quash set to take place on November 13, 2024, are both VACATED. 2. ^ps shall file a written opposition (or a statement of non-opposition) to the ~m to quash within 14 days after service of this order. Failure to do so will be deemed a statement of non-opposition and consent to the granting of the ~m and may also constitute a ground for the imposition of appropriate sanctions, including a recommendation that ^ps' case be involuntarily dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 3. ^df may file a written reply to any opposition filed by ^p within 10 days of ^p's filing. The court will take the pending ~ms under submission upon conclusion of this briefing schedule. Dated: October 16, 2024," (also signed by CKD)   So long story short, before the ^dfs had made their “special appearance", we had rightfully initiated a court procedure according to due diligence and due process. When we challenged the Court Decision and noticed them that it changes the outcome of or legal strategy, and we need to have them all entered into Default. We cannot properly proceed, without this transaction being resolved. The default of status of All ^dfs, needed to be properly litigated, as it determines the route of action that we, as ^ps seeking judicial relief; the route we deem necessary for our advantage and success. This literally changed the fate and entire direction of our Lawsuit. ~h V. THE ~1 - COMPLAINT @ 13  Case ^c3 Document 1 Filed 10/30/24 @ 14 of 31     24 Not only does it buy the defense more time, but forces us into an adversarial situation with the Court. It also eats away at the statute of limitations. Forces me to Recuse Judge CKD, File this Lawsuit, among other actions. I am filing 15 separate legal papers in regards now to this Complaint, and the other two complaints I am involved with in the court because of the Negligence of the Court Clerks, and the Negligence of Judge CKD. This system, will chase a man to the ends of the earth to recover a penny owed. This system will ruin his credit will harass him at his job or home, will chase him to all ends of the earth to hold him accountable. Now if the system makes a mistake it has the advantage of the house, it feigns immunity even sovereign immunity, it is backed by not only the greatest corruption in human history the American legal system but an infinite amount of firepower behind it. This is not only a disgrace to justice it's essentially an obstruction of justice not essentially it is the obstruction of justice come so judge CKD needs to be terminated and we need immediate oversight in this case in my other two lawsuits so that we can proceed with justice without any further complications on negligence of the court. The days of having a separate Judicial Branch of the government that has no connection with the travails and turmoil of the "average American Citizen"; those days are coming to an end. This branch is so out of touch with the "person of normal intelligence" it operates as if it needs a whole separate class distinction, one far retreated from the "average American citizen". The full extend of the damage that the court has caused to my cases has yet to be determined, but I can say thus, that my freedoms and my rights are not only inalienable, but they are also invaluable. And the attempts of CKD to completely destroy an entire lawsuit because she wants to cover up lies, and negligence, and completely destroy due process, because of lies and negligence. So not only does The ~1 have duty to care for the Citizens, ^mj CKD of the Eastern District, Federal Court of California, or the ~2 ~dc 25 ~ed, its employees or officers acting on behalf of the United 26 States Government or the Government of the ~1-Judge CKD and any 27 officer, agent or employee of the Federal Government, has a duty to uphold the constitution and the 28 Citizens rights. ~h V. THE ~1 - COMPLAINT @ 14  Case ^c3 Document 1 Filed 10/30/24 @ 15 of 31     14 15 16 In these causes of action, I'm not going to name these employees as ^dfs, but according to the doctrine of Respondeat Superior, we will let the master answer and take responsibility, which master is, The government of THE ~1 OR THE US GOVERNMENT OR THE GOVERNMENT, ANY VARIATION OF SUCH A TITLE AS LOGIC MAY BE YOUR GUIDE, WILL BE USED HEREAFTER TO DESCRIBE THE MAIN ^df, THE ~1-ITS GOVERNMENT AND OR ITS OFFICERS ACTING IN THEIR OFFICIAL CAPACITY. Because of the Abuse of Power of CKD I will be spending the night of October 29th, 2024, staying up all night with congestive heart failure to finish 15 documents that need to be filed to not only preserve my rights and protect me from unjust stewards like her, but to preserve my rights and protect me from The ~2 Government. As stated earlier my life, liberty and my pursuit of happiness is invaluable. Not only now do I dredge through torment of soul and spirits, and through doubt and darkness, but I suffer spiritually, physically, and e~mally because of the neglect of the Court. I will finish this paperwork albeit will require a great miracle and much further suffering, but as stated it is the only way I can preserve myself against this dragon, this beast and this destroyer, who has become our Government. 17 18 19 For the sake of time, and the necessity to move on, I will not break these actions committed by the court 20 and CKD; I will not break them down as I do not have time to do this, but there are several if not dozens 21 of causes of action that will need to be fully articulated in future amendments of this Complaint. 22 23 THIRD AND FORTH CAUSES OF ACTION (NEGLIGENCE AND VIOLATION OF THE 5TH AMMENDMENT)   In the case and CROSS-CLAIM Case No.: ^c1 ~h V. ^am this court has made many clerical errors and neglected my rights and due processes which afford me, the pursuit of justice and to seek Judicial Relief. Foremost beginning at the point of Removal, this case was filed in the State of California County of Sacramento, on 01/09/2024, which also ~h V. THE ~1 – COMPLAINT - @ 15  Case ^c3 Document 1 Filed 10/30/24 @ 16 of 31     14   had a pending ~m for injunctive relief scheduled for hearing in the Sacramento County Superior Court on 05/21/2024. ^am, (Amazon) waited till the last day they had to respond, and then removed it to Federal Court via their Attorney MARK C. BURNSIDE (State Bar No. 323824). This process upended an assortment of rights afforded to me as a citizen of California. Foremost the schedules ~3, which would have resolved itself had this Court taken any action, and given me opportunity to be heard, for the ~4 which I immediately filed. ### MINUTE ORDER ### Full docket text for document 7: Case No.: ^c1 ~4 by ^a. (Attachments: # (1) Points and Authorities, # (2) Proof of Service) (Woodson, A) I asked the clerks do I need to schedule a ~m hearing they told me that no, just as the guide I was reading that Ex Parte, or Emergency Ex Parte ~ms, will be scheduled for the Next Available Calendar Day, on the ~m Calendar. This ~m was an emergency for many reasons, not only was it imperative that I would have this case remanded so I could seek the due process relief, or injunctive relief. But due to clerks incessant errors, none of my ~ms were put on the calendar, and were even acknowledged to have existed at all!!! When I scheduled my ~3 within the Federal Court it was basically cancelled-   The first error we noticed was, we went on Pro Se Day in April, and we had brought a copy of the docket. It didn't have a date under the ~m, even though there was no defects in the filing. Once again we see negligence of the court, and clerk errors with this filing. ~h V. THE ~1 - COMPLAINT - @ 16    7 Case ^c3 Document 1 Filed 10/30/24 @ 17 of 31 ### MINUTE ORDER ### Full docket text for document 15: ~m for ~3 by ^a. ~m Hearing set for 5/3/2024 at 10:00 AM in Courtroom 27 (DB) before ^mj Deborah Barnes. (Murphy, J) Modified on 4/5/2024 (Nair, C). PACER Service Center Transaction Receipt 10/30/2024 01:33:55 8 9 Se PACER 10 and Login: Andrew.Grant.~h Client Code: 11 Description: History/Documents Search Criteria: 2:24-cv-00729- TLN-SCR 12 and On Pro day me my mother the 13 Billable @s: 1 Cost: 0.10 volunteer 14 attorney 15 down stairs in the court noticed that there was no date on the docket for my ~3. So 16 we went upstairs to talk to the clerk about this issue. The clerk said "ohh no if you didn't come and tell 17 18 us about this your ~m never would have been heard because it wouldn't have been sent to the judge or ^mj. That the ~m itself even though it had been filed correctly and had the date 19 20   correctly on there for the hearing date it was never entered into the calendar so therefore the judge would have not been notified electronically that this was in the judges itinerary" (something to that effect not verbatim) With my case against Amazon they told me well a associate or agent of Amazon had called me on November 17th of 2023 three days before I went to the hospital and was diagnosed with congestive heart failure due to the stress that I was going through because of these Amazon employees that in results of their behavioral investigation which was an investigation launched after dozens of phone calls 25 26 that I had made complaining about the employees and harassment that I was receiving in their game but 27 this wasn't just a game it was my career in streaming video games online also via Amazon's live 28 streaming service known as twitch.tv. ~h V. THE ~1 - COMPLAINT @ 17  ### MINUTE ORDER ### Full docket text for document 2: ~p by ^a. (Lopez, K)    7 8 9 case 2:248452298,2C-AC/Documen Elled 1/01/24 @ 1 of 24 Case No 2:24-01-02988-DJC-AC Declaration Emergency file   24 25 26 AO 72 (Rev 8/82) FILED NOV 01 2024 EL CLERK, ~d BY DEPUTY CLERK  Case 2:24- Document 3 Filed 11/01/24 @ 2 of 24 AO 72     24 25 26 (Rev. 8/82) I declare - this is Emergency Affidavit for Submission of Evidence for thes Docent and Investigation as ist Der taisns to this lage And a log of - travels and sufferings I am forced to endure - Beccome the ~dcs Ngkat Aired the guilygs CFD welaton of my rights Ang HD  Case ^c3 Document 3 Filed 11/01/24 @ 3 of 24 1 ^c AND ^a P.O. BOX 278004 2 3 SACRAMENTO CA, 95827 (916)-365-5434 ^e 4 ^c AND ^a, IN PRO PER   ^c6 11 ^c AND Case No. 2:24-CV-00331 KJM-CKD 12 ^a, ➤ EX PARTE ~m FOR ➤ ~3- 13 ^ps, 14     V. THE EZRALOW COMPANY LLC, FIRST POΙΝΤΕ MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. ACTIVE CROSS-CLAIM ON THIS CASE This Case is claimed in another action; ^avu Case No. ^c3 I. ΙΙ. III. IV. V. VI. VII. VIII. ~~toc~ NOTICE OF ~m THE CHARADE ENDS CROSS-CLAIM AFFIDAVIT RE: DESTRUCTION OF INALIENABLE RIGHTS, EMERGENCY GROUNDS ~m FOR PREL INJUNCTION MEMORANDUM OF POINTS AND AUTHORITIES... DECLARATIONS PROPOSED ORDER II. NOTICE OF EX PARTE ~m FOR RELIEF FROM JUDGEMENT OR ORDER FRCP Rule 60(a) Relief From Judgment or Order DATE: NOVEMBER 13TH, 2024 TIME: 10:00 AM LOCATION: Courtroom 24 / Zoom JUDGE: Carolyn K. Delaney or Whichever Judge (Circuit/Appelate/Special) assigned after her Recusal and Termination DOUGLAS V. EZRALOW ~m FOR ~3 @ 1      14   Case ^c3 Document 3 Filed 11/01/24 @ 4 of 24 III. THE CHARADE ENDS FPMG'S LITIGATIVE STRATEGY NOT TO RESPOND TO THE SERVICE OF SUMMONS IS IMPLODING IN THEIR FACE. WARNING TO THOSE WHO MIGHT ATTEMPT TO LABEL ME A 'VEXATIOUS LITIGANT' – IF THE TRUTH VEXES YOU, GET A NEW JOВ. THIS IS A PLACE HOLDER TO THE FULL INJUNCTION TO BE FILED 11-2- 2024, BECAUSE OF THIS EMERGENCY SITUATION WHICH AS BEEN FORCED UPON US BY THE ACTIONS OF THE COURT -- WE ARE FORCED TO BREAK THIS UP INTO A PLACER HOLDER FILING TO PRESERVE AND PRESENT EVIDENCES TO THIS CLAIM AND CROSS CLAIMS--- BUT FURTHERMORE – BECAUSE OF THE EMERGENCY SITUATION CUASED BY THIS COURT THIS FILING WILL STILL BE CROSS FILED AND ATTACHED TO THE CLAIM, AS WELL AS PRELIMINARY SERVICES OF THIS TO THE WITNESSES OF THIS ACTION HAS ALREADY BEEN FILED AND ATTACHED AS ^x X   [TO THE ~dc IF YOU HAVE SOME CORRESPONDENCE WITH SOME ATTORNEY REPRESENTING THE DEFENSE YOU CAN RELAY THIS MESSAGE TO THEM] When we filed the complaint, we swore under penalty of perjury, which to this date has not been contested by anyone, that Stacy White, a managing agent [and by her own word “the highest up"] for First Pointe Management Group LLC [named ^df past-hence and hereafter FPMG] told us where 22 to serve the complaint. We had an agreement, where and how, with Stacy White a managing agent 23 24 25 26 we were to serve the complaint. It was received by the corporate office in Rocklin for FPMG. What they chose to do with it, and any legal obligations and repercussions that they have, is upon them. All of the ^dfs, including the Ezralow Brothers, are employees of FPMG, with apparently, Mark Ezralow and Brian Ezralow, and Stacy White, being "the highest up". 27 They have received actual notice, of this action, so many times, and yet still we [^pS] 28 have not been served OR NOTICED OF any response, by CERTIFIED U.S. MAIL, so you can tell DOUGLAS V. EZRALOW ~m FOR ~3 @ 2  Case ^c3 Document 3 Filed 11/01/24 @ 5 of 24   the court all you EZRALOW [all ^dfs hereafter as EZRALOW] the court all you want; But we brought the action to the court, and you know where and how to find us when you want to give us an actual legal response, with notice and proof of service/notice executed to us and the court in one legal transaction. We will be waiting. 5 6 7 As we have not been noticed, as ^ps in this action, or served any actual documents from an Attorney representing these proceedings on behalf of the ^dfs, [although there are documents on the docket, these have only been served to the court via ECF – AND NOT TO US, the ^ps. We 8 have never been served any documentation from any attorney representing the ^dfs, and 9 10   have never at any time consented to electronic notice or electronic service, and therefore, Testify that there is no Attorney representing the Defense, none has appeared to us. And we have no attorney to serve this injunction upon. Therefore, this ~3 will be Served upon the Attorney General for the ~1, and in correspondence to the active Cross-Claim in this Action. Lastly, we are boldly stating WE DO NOT ACCEPT ELECTRONIC NOTICE OR SERVICE, AND WE ARE NOT TO 14 15 16 BE, NEITHER DOES ANY ATTEMPT TO DO SO, CONSTITUTE SERVICE OF PROCESS, OR NOTICE OF LEGAL DOCUMENTS. 17 18 19 WE ONLY ACCEPT SERVICE OF PROCESS OR ACTUAL LEGAL NOTICE, VIA CERTIFIED U.S. MAIL. ANY BAR ATTORNEY KNOWS OR SHOULD KNOW 20 21 THIS IS THE LEGAL STANDARD. AND IF YOU DON'T KNOW, THAT'S NOT OUR FAULT. 22 23 24 25 26 WE HAVE NOT RESPONDED TO AND WILL NOT RESPOND TO ANY INFORMATION THAT IS NOT SERVED UPON US VIA U.S. MAIL. WE HAVE NEVER AT ANY TIME CONSENTED OR GIVEN AUTHORIZATION, NIETHER EXPRESS AUTHORIZATION, NOR IMPLIED AUTHORIZATION, TO RECEIVE ANY FORM OF 27 ELECTRONIC NOTICE-NEITHER OF THIS COURT, NOR ANY ATTORNEYS! 28 DOUGLAS V. EZRALOW ~m FOR ~3 @ 3  Case ^c3 Document 3 Filed 11/01/24 @ 6 of 24   AGAIN, WE ONLY ACCEPT NOTICE OF LEGAL DOCUMENTS VIA US.MAIL AND WILL ONLY REPLY TO DOCUMENTS WHICH ARE CERTIFIED VIA U.S. MAIL, WITH EXECUTION OF SERVICE BEING FILED IN THE ~dc. IF THERE IS NO RETURN OF SERVICE, OR PROOF OF SERVICE FOR PHYSICAL U.S. MAIL TO OURSELVES, AS WELL AS SERVICE TO THE COURT [IF ITS ELECTRONIC BY DEFAULT THEN THAT CONSITUTES THE AGREEMENT BETWEEN THE COURT AND ATTORNEY, NOT ANY AGREEMENT WITH OURSELVES]—IF THERE IS NO SERVICE UPON US THE ^pS WE WILL NOT RESPOND, LASTLY THE DOCKET, AND THE DOCUMENTS FILED WILL NOT BE ALTERED BY ANYONE, AS THEY ARE CROSS- CLAIMED AND EVIDENCE IN ANOTHER PROCEEDING)   14 15 16 IV. CROSS-CLAIM AFFIDAVIT RE: DESTRUCTION OF INALIENABLE RIGHTS We are moving in Ex Parte, and by emergency, requesting November 13th, 2024 or the NEXT CALENDAR DATE AVAILABLE. [SEE DIGITAL ^x A USB DRIVE] 17 18 19 20 On behold the solemn gravity of the situation, explicit and direction violation of constitutional law, and a direct and explicit violation of oath of office perpetrated by ^mj Carolyn K. Delaney [hereinafter as CKD], this ~m which was duly and properly and rightfully scheduled was not an ordinary ~m."
   },
   {
     "id": 2,
     "text": "It was an appeal, to the ~dc, part of a process of due 21 diligence, proceeding appeals to the Circuit Court, the Ninth Circuit. In subverting, upending, 22 uprooting, and the altogether destruction of our inalienable rights, committed brazenly in the 23 'temples' of America's highest and most Sacred Institution, she attempted, conspired, and   willfully, intentionally, with malice, fraud, and oppression, EXPLICITLY AND DIRECTLY DESTROYED OUR CONSTITUTIONAL RIGHTS. This isn't an allegation, this is a call to attention to details that are kept in these records, within the ~dc, which are presently being examined by many, and will be examined by many. The only thing that separates the an allegation from knowledge, is not having that knowledge, so all you have to do is look at the documents in the docket, and now you DOUGLAS V. EZRALOW ~m FOR ~3 @ 4  Case ^c3 Document 3 Filed 11/01/24 @ 7 of 24   7 8 have knowledge [DOCUMENTS 11 AND 20]. More importantly I (^a) have foundational knowledge, and therefore it is my Testimony of events as they have transpired, and as I affirmatively swear under penalty of perjury, to be true and faithful to the information I am disclosing to the Court. So as a warning, any attempts to unravel, subvert, or tamper with this information, and or archival integrations, that host, store and ultimately house this information; any attempts to thwart or pervert justice will be documented. Because of this information, the destruction of our Constitutional Rights, the actions of the 9 Attorney representing the Defense, in attempting to thwart the standard method of SERVICE OF 10 PROCESS, WHICH IS BY US-MAIL, AS A BAR LISCENSED ATTORNEY SHE NOT ONLY 11 KNOWS THIS BUT IS OATHBOUND, TO THE CONSTITUTION, AS A LISCENSED BAR 12 HOLDER. SHE NEEDS TO BE IMMIDIATELY DISMISSED AS REPRESENTATION AND 13 14 LEGAL COUNCIL FOR ALL NAMED ^dfS, AS WE PROCEED WITH THE LEGAL PROCESS, AND SEAL THEIR DEFAULT STATUS ACCORDING TO THE FACTS IN THIS   19 20 DOCKET. AND THEY WILL NO LONGER HAVE ANY OPPORTUNITY TO OBTAIN OR SECURE LEGAL COUNCIL AS THEY HAVE WAIVED THIS RIGHT. Carolyn K. Delany, and each of the ^dfs, the attorney, will all now subsequently be investigated for conspiracy. CROSS-CLAIM NOTICE AND RELATED DETAILS; to ensure the integrity of the 21 proceedings and to prevent future violations of our Constitutional Rights, and to prevent further Tort 22 23 24 Claims, and for the overall administration of Justice and Due process, this proceeding is being Claimed by this case; ^avu Case No. ^c3 25 26 We are moving in Ex Parte, because of the emergencies caused by ^mj Carolyn K. 27 28 amendment rights to due process, derailing our attempt to appeal to the court in a diligent and orderly Delaney (hereinafter as CKD], in issuing an illegal court order, after she has undermined our fifth DOUGLAS V. EZRALOW ~m FOR ~3 @ 5  Case ^c3 Document 3 Filed 11/01/24 @ 8 of 24   7 B 9   fashion, when she illegally vacated an appeal, or the only way for us to appeal before being forced into the Ninth Circuit. We followed the due process to address an unacceptable and illegal order issued by this court [see Document 11 and 20 of the Docket]. We will not respond to the adverse party's pleadings while they are in default, and much less when we have never spoken to this Attorney, and we have never at any time given express consent, neither implied consent, nor any manner of consent, nor insinuation, or hint, or idea of consent or that it is acceptable for us to receive Electronic Notice. We will respond to a properly served pleading-AFTER our appeal has been resolved and this court or a higher court determines that all ^dfs are properly placed in default as per FRCP 55. It is absolutely unacceptable, and illegal for the court to shield an adverse party that had [essentially] three opportunities to respond via the judicial process. Instead, we receive an order by mail from ^mj CKD-ordering us to respond to some unknown pleadings that we haven't been served. Imagine our astonishment when the ^mj is essentially responding for the Defense; whilst they are 120(?)+ days in Default, and have had luxurious opportunities to utilize the system, and haven't even managed to hurdle basic procedural processes. Imagine our astonishment when Judge CKD is essentially responding for them and immediately displaying bias, to cover up the question of our appeal [docket item 11], and create a smoke screen, a red herring distraction, the complete destruction of or right to due process; meanswhilst we have not received any formal and legal judicial communication from anyone on the defense, neither them, nor their attorney. We will not however, respond to the default party, nor be intimidated to respond, nor coerced, nor deceived, neither forced to respond to the default party; we have no voicemails, or text messages or any known or documented attempt of the adverse party, manifesting any attempt or desire to schedule a meet and confer; neither have we been contacted to participate or schedule any initial conference. 24 WE HAVE NOT SPOΚΕΝ ΤΟ THEIR ATTORNEY NEITHER HAVE WE HAD ANY 26 27 25 EXTRAJUDICIAL COMMUNICATION WITH ANY OF THE DEFENDENTS SINCE COMMENCEMENT OF THIS ACTION. WE DO NOT RESPECT OR RECOGNIZE ANY FORM OF NOTICE OR SERVICE OF PROCESS BESIDES DIRECTLY TO OUR P.O. BOX 28 AS CAPTIONED—THERE HAS NOT AT ANY TIME BEEN GIVEN AN INSINUATION OR DOUGLAS V. EZRALOW ~m FOR ~3 @ 6  Case ^c3 Document 3 Filed 11/01/24 @ 9 of 24 1 EVEN A FAINT ALLUSION THAT WE WILL ACCEPT ANY OFFICIAL RESPONSE OR 2 3 LEGAL CORRESPONDENCE ASIDE FROM DOCUMENTS SENT TO OUR P.O. BOX. 4   Rule 5. Serving and Filing Pleadings and Other Papers Primary tabs (a) Service: When Required. (1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party: "Subparagraph (D) of Rule 5(b)(2) is new. It authorizes service by electronic means or any other means, but only if consent is obtained from the person served. The consent must be express, and 12 cannot be implied from conduct. Early experience with electronic filing as authorized by Rule 5(d) is 13 positive, supporting service by electronic means as well. Consent is required, however, because it is not 14 yet possible to assume universal entry into the world of electronic communication." 15 16 Rule 5 (b)(2)(E) states; (E) “sending it to a registered user by filing it with the court's electronic-filing system or sending it by other electronic means that the person consented to in writing" 17 18 19 NEXT @ 20   We are not Registered users with ECF system, nor have we ~med as of yet to utilize ECF. Neither myself ^a, nor my mother, ^c have at any point scheduled or been invited to any meet and confer with ^dfs or their attorney, and we have had no knowledge of this besides the Court order issued by ^mj CKD, which we received in our P.O. Box. 25 26 27 WE ARE SEEKING RELIEF FROM THIS ORDER; ### MINUTE ORDER ### Full docket text for document 20: 28 "ORDER signed by ^mj Carolyn K. Delaney on 10/16/2024 VACATING the ~m DOUGLAS V. EZRALOW ~m FOR ~3 @ 7  Case ^c3 Document 3 Filed 11/01/24 @ 10 of 24 1 hearing set for 11/13/2024; DIRECTING ^ps to file an opposition or a statement of non-opposition 2 within 14 days; ^df may file reply within 10 days of ^p's filing. (Becknal, R.)" 3 4 5 V. DECLARATION IN SUPPORT OF EX PARTE APPLICATION AND ~m 6 7 We, the ^ps, must swiftly write this declaration as the time is closing, for the window that 8 9 we have to provide this application to the court. We simply affirm that we have acted with due diligence in respect to researching, and executing, court procedures thus far. We affirm that all the statements in 10 this document are sufficient to reflect the need, and purpose for this ~m, without pre-emptively 11 forecasting any arguments, or minimally, so as to not complicate procedure moving forward. 12 13 DECLARATION OF CHERYL DOUGLAS 14 15 Dear Honorable Judge, 16 17 I Cheryl Douglas pen this statement of facts for the court to understand the extent of the effects of 18 having a long-term exposure to Domestic Violence of the people above me in apartment 180 at the 19 20 21 Monte Bello Apartments at 4001 South Watt Ave, Sacramento California. I have been a Social Worker for twenty-seven years and fifteen of those year were spent on Indian Reservations. I know the extent of PTSD that I have suffered from secondary trauma that I experienced with the violence I experienced with my clients, including suffering the retaliation of a perpetrator of violence against a client. who tried 22 23 to run me down on my crutches as a Social Worker and a Domestic Violence Advocate.   Then to experience these acts of violence above me in my apartment where I should experience the quiet enjoyment from the stresses and evils of the world. In my own apartment I had to endure this again and again. I made attempts to move away from these tenants and I asked for reduced rent, and was told I 28 would need to move entirely out of my apartment into another unit at Monte Bello. I then asked Chris DOUGLAS V. EZRALOW ~m FOR ~3 @ 8  Case ^c3 Document 3 Filed 11/01/24 @ 11 of 24 1 2 Robello if I must move to another apartment. If I could move to a three-bedroom unit and was denied access to a three bedroom. To somehow relieve the financial, e~mal and mental pressure I was 3 experiencing during the few short months at Monte Bello. 4 5 The rent payment system was flawed, and it had the mountain standard time when I paid my rent. I 6 7 8 pointed this flaw out to Chris Robello as this would affect many tenants paying rent on the 5th of the month at the close of business. I never imagined the helplessness I felt of feeling trapped in a lease and experiencing the level of violence above me. It was like living in a war zone and I chose to stay with my 9 10 son in Antelope, CA to somehow relieve the high anxiety and panic I was feeling for fourteen straight months. 11 My son Andrew suffered more because he would have to experience the constant acts of violence 12 13 several days a month. I could not fathom a property management that would delay taking action for such 14 insidious and unwelcome behavior. I have suffered PTSD, anxiety and depression from the helplessness 15 I felt that there was never going to be a resolve to this ongoing battle on my home front. 16 17 I also experienced a work case with my current position with the Tribe where a child was murdered by 18 19 their mother. This magnified the fear of the unknown at home. That I had to seek out relief through grief and loss at work. I cried every day for three months. To hear from my son Andrew that First Point Management callously said you can just quit your lease. How does anyone just do that in this recession 20   and housing crisis? Like my household had a steep savings plan. When I have only a single income and providing housing for my disabled son. Is this how you problem solve landlord /tenant issues? It costs on an average to move $5000 to $10000 to relocate. I know I did this from Reno, Nevada. I only earned $65,000 a year at the time I moved in. When that was not even enough to be approved for an apartment. But the resolve is just quit your lease? I am also documenting the time I spent away from my home during those fourteen months. But I was still paying rent for days I was not in my apartment. DOUGLAS V. EZRALOW ~m FOR ~3 @ 9  Case ^c3 Document 3 Filed 11/01/24 @ 12 of 24 1 Domestic Violence Incidents from 11/22/22-2/15/2024 2 11/22/22 stayed in Antelope. 3 12/26/22 stayed in Antelope. 4 1/27/23 stayed in Antelope. 5 3/15/23 stayed in Antelope. 6 3/19/23 stayed in Antelope. 7 4/25/23 stayed in Antelope. 8 7/6/23 Stayed. in Antelope 9 7/12/23. stayed in Antelope. 10 7/24/24 stayed in Antelope. 11 8/7/23. Stayed in Antelope 12 8/24/23 stated in Antelope. 13 9/1/23 stayed in Antelope. 14 9/7/23 stayed in Antelope. 15 9/13/23 stayed in Antelope. 16 9/21/23 stayed in Antelope. 17 10/2/23 stayed in Antelope. 18 11/3/23 stayed in Antelope. 19 11/23/23 stayed in Antelope. 20 12/18/23 stayed in Antelope. 21 12/30/23 stayed in Antelope returned home and there was a big fight with neighbors. I wanted to go 22 back to Antelope. 23 24 Correspondence with Chris Robello when the Domestic Incidents. 25 11/28/22 report to Chris - Andrew 26 1/15/23 called SAC sheriff report to Chris- Cheryl 27 7/1/23 report to Chris 1:30 AM-Cheryl 28 7/6/23 report and call to patrol 1:00 AM-Chris -Cheryl. DOUGLAS V. EZRALOW ~m FOR ~3 @ 10  Case ^c3 Document 3 Filed 11/01/24 @ 13 of 24 1 10/14/23 report to Chris - Cheryl video 2 10/23 report to Chris 11:30 AM-Cheryl 3 12/30/23 12:00 Pm reported to Chris -Cheryl 4 1/8/24 report to Chris -Cheryl 5 2/15/24 report to Chris -Cheryl 6 7 8 How does the court put a price on someone's well-being and quiet enjoyment in their own apartment? What is fair and equitable in this situation? As I write this statement of facts I am exhausted e~mally and have found myself being more irritable and depressed. Because of the casualties this 9 10 11 has been caused for myself and my son Andrew. The thought of quitting the lease and being penalized for wanting to leave this resident, being trapped in this residence. While the slow-moving wheels of justice play out. Meanwhile, our Property Management gets assaulted for trying to take control of unruly 12 13 tenants at the pool. Does First Point Management even care about their employees? I have experienced how they reach out with a lack of compassion for tenants who just wanted to live in peace and quiet in their own home. 14 15 I testify under the penalty of perjury, these are a true statement of facts. 16 17 Sincerely, 18 19 Cheryl Douglas 20 21 We have, with diligence exercised all care and precision in our execution of court procedures, 22 23 24 25 26 with regards to our best interests and with regards to our interactions, and contracts and verbal contracts, that we have made with the ^df(s). We have suffered and are now suffering more because of the actions of this court, the negligence, and the subversion of our rights, we are admonishing the court and asking that it exercises greater care and diligence in the seeing that justice is preserved, and prevails, and that relief can be 27 granted and the proper and due process be executed with care. 28 DOUGLAS V. EZRALOW ~m FOR ~3 @ 11    5 Case ^c3 Document 3 Filed 11/01/24 @ 14 of 24 We hereby declare, certify, verify, and state, under penalty of perjury, under the laws of the Unites States of America that the foregoing is true and correct. 6 DATE ^c 7 ^p IN PRO PER   DATE ^a 11 ^p IN PRO PER 12 ^c AND ^a P.O. BOX 278004 13 SACRAMENTO CA, 95827 (916)-365-5434 14 ^e 15 ^c AND ^a, IN PRO PER 16 17   ^c6 DOUGLAS V. EZRALOW ~m FOR ~3 @ 12      14 Case ^c3 Document 3 Filed 11/01/24 @ 15 of 24 ^c AND ^a, ^ps, V. THE EZRALOW COMPANY LLC, FIRST POΙΝΤΕ MANAGEMENT GROUP LLC, STACY WHITE, CHRIS ROBELLO, LESLIE HUFFMAN, MARC EZRALOW, BRYAN EZRALOW, ^dfs. 15 16 ACTIVE CROSS-CLAIM ON THIS CASE 17 18 This case has been claimed in another action; ^avu 19 Case No. ^c3 20   Case No. 2:24-CV-00331 KJM-CKD [PROPOSED ORDER] EX PARTE ~m FOR ~3 IT IS ORDERED THAT; SHOWING GOOD CAUSE AND AFTER BALANCE OF EQUITIES – ^pS LIVING IN BLACK MOLD, AFTER VIEWING A SHOOTING, AND ATTEMPTING TO NEGOTIATE RENT 3 TIMES BEFORE COMING TO COURT, AND LIVING FOR 14 MONTHS UNDER A DOMESTIC VIOLENCE SITUATION-WHICH FIRST POINTE MANAGEMENT GROUP EVICTED THE TENANTS RESPONSIBLE FOR THE VIOLENCE ABOVE ^pS APARTMENT- DOUGLAS V. EZRALOW ~m FOR ~3 @ 13  Case ^c3 Document 3 Filed 11/01/24 @ 16 of 24 1 BECAUSE OF THIS 14 MONTHS OF VIOLENCE WHICH WAS COMPLAINED OF FOR 2 MANY MONTHS, MANY TIMES BEFORE THE TENANTS CULPABLE OF THE DOMESTIC 3 VIOLENCE – 4 5 BECAUSE OF THAT 14 MONTHS WHEN THE ^pS TRIED TO NEGOTIATE RENT 6 AND DILIGENTLY COMPLAINED OF THE BREACH OF QUIET ENJOYΜΕΝΤ 7   THE ^dfS DENIED THEM 3 TIMES ANY RELIEF, AND DENIED NEGOTIATIONS TO HAVE 14 MONTHS CREDITED TO THEIR RENT BEFORE ENGAGING ACTION IN THE COURT-   14 15 THE ACTIONS OF ^dfS IN EVICTING THE PERPETRATORS OF THE DOMESTIC VIOLENCE IS PRIMA FACIE PROOF, NOT ONLY, BUT BEYOND A REASONABLE DOUBT AND A SURETY THAT THE ^pS QUIET ENJOYMENT WAS INDEED BREACHED. 16 17 18 19 20 THREFORE IT IS ORDERED THAT FIRST POINTE MANAGEMENT GROUP LLC, AND ALL NAMED ^dfS WILL NOT MOLEST, RETALIATE AGAINST, ISSUE ORDERS ON THEIR DOORWAY IN FRONT OF THEIR NEIGHBORS, THREATED TO DESTROY CREDIT, AND WILL ALTOGETHER OBEY THIS COURT ORDER; WITHOUT FURTHER MOLESTATION OF TENANTS RIGHTS--- 21 22 23 IN FINE IT IS SO ORDERED, THAT TENANTS ^a AND ^c, CAN WITHHOLD PAYMENTS TO FIRST POINTE   MANAGEMENT GROUP LLC, WITHOUT ANY CONTENTION FROM ^dfS AND WITHOUT ACRUING ANY DEBT, AND WITHOUT ANY RETALIATION FROM ^dfS. DOUGLAS V. EZRALOW ~m FOR ~3 @ 14  1 2 Case ^c3 Document 3 Filed 11/01/24 @ 17 of 24 THIS IS MINIMALLY WHAT THE COURT CAN DO AT THIS TIME TO BEGIN TO REPAIR THE DAMAGES DONE. 3 4 THEY ARE GRANTED 14 MONTHS AS TENANTS, ELIGIBLE FOR ALL MAINTENANCE 5 6 AND ALL RESPECT AS ANY OTHER TENANT PAYING FOR THEIR DWELLING, AND WILL NOT BE TREATED SEPERATELY. 7   Lastly, ^ps are granted leave by the court, or allowed to waive service and notice of this ~m upon the ^dfs, pursuant to FRCP Rule 5(a)(2) which reads; (2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4. 16 17 18 IT IS SO ORDERED. 19 20   DATED: HONORABLE Carolyn K. Delaney ^xS LIST DOUGLAS V. EZRALOW ~m FOR ~3 @ 15  1 Case ^c3 Document 3 Filed 11/01/24 @ 18 of 24 2       DIGITAL ^x A THIS IS A VIDEO TIME LINE OF EVENTS FROM DOCKET ITEM 8 REQUEST FOR ENTRY OF DEFAULT TO DECLINE DOCKET ITEM 11 APPEAL "APPEARANCE OF X ATTORNEY TO COURT NOT TO US BECAUSE WE WERE NEVER NOTICED OR SERVED THEY DID NOT APPEAR TO US DOCKET 16 ~m DATE CREATED FOR X APPEARANCE (EVEN THO THEY ARE DEFAULTED) AFTER X APPEARS THEN THE JUDGE TURNS OUR APPEAL INTO AN ADVERSERIAL CONTEST, WITH AN ADVERSARY THAT HAS NOT NOTICED US OF ANY ACTION, PLEADING, WE RECEIVED NO SERVICE BY MAIL, AND NEVER HAVE CONSENTED ΤΟ ELECTRONIC SERVICE 28 DOUGLAS V. EZRALOW ~m FOR ~3 @ 16  1 Case ^c3 Document 3 Filed 11/01/24 @ 19 of 24 2     24 25 OUR APPEAL IS UNDERMINED BY SLEIGHT OF HAND, WE WERE NEVER GIVEN ANY NOTICE, NEVER CONESNTED ΤΟ ELECTRONIC NOTICE, HOW ARE WE SUPPOSED TO ACCEPT THAT OUR ~m DATE WHICH SUBJECT MATTER IS between us and A DECISION OF THE COURT? IF WE HAD OURS BEFORE – THIS (ADVERSERIAL CONTSEST) WOULD HAVE BEEN OKAY – IF WE WERE NOTICED (BY X ATTORNEY OF RESPONSIVE PLEADING. BUT NEITHER HAPPENED. JUDGE CKD Carolyn K. Delaney. ORDERS OUR APPEAL HEARING TO BE MERGED INTO AN ADVERSERIAL CONTEST TO SUBVERT AND DESTROY OUR RIGHT TO APPEAL TRYING TO RED HERRING THE ISSUE BETWEEN US AND THE COURTS JUDGEMENT THIS ALL HAPPENED BEFORE ANY X ATTORNEY APPEARS TO --- COURT. 26 27 28 DOUGLAS V. EZRALOW ~m FOR ~3 @ 17        Case ^c3 Document 3 Filed 11/01/24 @ 20 of 24 OUR APPEAL WAS FILED BEFORE ANY PRESUMPTIVE ANSWER. THEREFORE OUR APPEAL SHOULD NOT ONLY HOLD BY VIRTUE OF IT BEING AN APPEAL BUT BECAUSE WE ~mED BEFORE. --- INSTEAD – HAVING KNOWLEDGE OF THE BINDING AUTHORITY WHICH Carolyn K. Delaney. IS BOUND TO, SHE SHIELDS THE COURT FROM LIABILITY, RED HERRINGS OUR APPEAL INΤΟ ΑΝ ADVERSERIAL CONTEST, AND THEN DESTROYS THE APPEAL, BETRAYING US WITH A KISS MAKING IT LOOK LIKE SHE IS EXTENDING TO US A GIFT BY LETTING US HAVE 14 MORE DAYS TO RESPOND TO PLEADINGS WE WERE NEVER NOTICED OF DOCKET ITEM 19 SUBVERSION OF RIGHTS OF APPEAL MERGING OUR APPEAL [SUBJECT MATTER APPEAL – ^p BEGINS ACTION ΤΟ COURT ORDER RE DOCKET ITEM 10 CLERK OVERCOMES PROOF OF SERVICE, WHICH 9TH CIRCUIT RULES -- 28 DOUGLAS V. EZRALOW ~m FOR ~3 @ 18  Case ^c3 Document 3 Filed 11/01/24 @ 21 of 24     24 THAT PROOF OF SERVICE CANNOT BE OVERCOME EXCEPT BY MUCH EVIDENCE DOCKET ITEM – THINGS HAVE MOVED AROUND IN DOCKET SOMETHING IS MISSING, THIS ALSO HAPPENED IN AMAZON CASE TO DOCKET ITEM 20 – DESTRUCTION OF RIGHTS OUR APPEAL WAS SUBVERTED – THE ONLY TIME THIS COURT HAS EVER LET ME HAVE A CHANCE TO HAVE A HEARING—OR A ~m IN BOTH MY CASES IF IT WERE A “SURPRISE" --- HEARING – SHE NOT ONLY DID NOT HAVE THE RIGHT TO SUBVERT OUR APPEAL ~m BUT COMPLETELY DESTROYS IT. BECAUSE WE RIGHTFULLY DID NOT --- RESPOND TO DOCUMENTS WE WERE NEVER SERVED.   DOUGLAS V. EZRALOW ~m FOR ~3 @ 19  1 2 Case ^c3 Document 3 Filed 11/01/24 @ 22 of 24       ADDITIONALLY – SHE CREATED AN ILLEGAL COURT ORDER TO COVER THIS UP TO RED HERRING DISTRACT US FROM OUR RIGHTS BEING DESTROYED AND FORCED US TO RESPOND, IF WE SOULD HAVE RESPOND, ΤΟ THE SUBJECT MATTER THAT THE DEFENSE OR X ATTORNEY SENT ELECTRONICALLY TO THE court – THEN IT WOULD BE AN ACCEPTANCE TO ELECTRONIC NOTICE. CONSENT – AND WE WOULD BE BOUND INTO THAT CONTEST INSTEAD OF FIRST RESOLVING OUR APPEAL.--- --- AT ANY RATE OUR APPEAL WAS SCHEDULED TO BE RESOLVED BEFORE THEY APPEARED AND JUDGE Carolyn K. Delaney. MANIUPLATING ALL THIS FOR A PARTY IN DEFAULT – TO SHIELD THE COURT IS DISGUSTING AND WRONG. THEY WERE IN DEFAULT – HOW IS IT WE DID EVERYTHING RIGHT, THEY DID EVERYTHING WRONG – AND Carolyn K. Delaney. TRIES TO BURY US – AND 28 DOUGLAS V. EZRALOW ~m FOR ~3 @ 20    7 B 9 10   Case ^c3 Document 3 Filed 11/01/24 @ 23 of 24 DESTROY OUR RIGHTS BY BEING AN --- AUTHOR OF CONFUSION. THIS SHOWS CIRCUMSTANTIAL EVIDENCE OF CONSPIRACY BETWEEN THE ATTORNEY FOR THE ^dfS – - AND THE ACTIONS OF THE JUDGE – BECAUSE A REAL JUDGE WOULD NOT BE INCLINED TO ADD SO MANY FAVORS TO A defaulted party – AND 14     DOUGLAS V. EZRALOW ~m FOR ~3 @ 21        Case ^c3 Document 3 Filed 11/01/24 @ 24 of 24 ^x X – FULL FILING COMPLETED NOV 2 2024 DOUGLAS V. EZRALOW ~m FOR ~3 @ 22  ### MINUTE ORDER ### Full docket text for document 3: DECLARATION of ^a re Emergency Submission of Evidence. (Licea Chavez, V)  Case ^c3 Document 4 Filed 11/04/24 @ 1 of 6   7 8 9 ~2 ~dc FOR THE ~ed 10 11 ^a, No. 2:24-cv-2988 DJC AC PS 12 ^p, 13 V. FINDINGS AND RECOMMENDATIONS 14 ~1, 15 ^df. 16 17 18 19 20 ^p is proceeding in this action pro se. This matter was accordingly referred to the undersigned by E.D. Cal. 302(c)(21). ^p has filed a request for leave to proceed in forma pauperis (“IFP”), and has submitted the affidavit required by that statute. See 28 U.S.C. § 1915(a)(1). The ~m to proceed IFP (ECF No. 2) will therefore be granted. 21 I. Screening 22 A. Standards 23 The federal IFP statute requires federal courts to dismiss a case if the action is legally 24 "frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 25 monetary relief from a ^df who is immune from such relief. 28 U.S.C. § 1915(e)(2). A 26 27 claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989). In reviewing a complaint under this standard, the court will 28 (1) accept as true all of the factual allegations contained in the complaint, unless they are clearly 1      Case ^c3 Document 4 Filed 11/04/24 @ 2 of 6 baseless or fanciful, (2) construe those allegations in the light most favorable to the ^p, and (3) resolve all doubts in the ^p's favor. See Neitzke, 490 U.S. at 327; Von Saher v. Norton Simon Museum of Art at Pasadena, 592 F.3d 954, 960 (9th Cir. 2010), cert. denied, 564 U.S. 1037 (2011). The court applies the same rules of construction in determining whether the complaint states a claim on which relief can be granted. Erickson v. Pardus, 551 U.S. 89, 94 (2007) (court must accept the allegations as true); Scheuer v. Rhodes, 416 U.S. 232, 236 (1974) (court must construe the complaint in the light most favorable to the ^p). Pro se pleadings are held to a less stringent standard than those drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972). However, the court need not accept as true conclusory allegations, unreasonable inferences, or unwarranted deductions of fact. Western Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir. 1981). A formulaic recitation of the elements of a cause of action does not suffice to state a claim. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (2007); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). 14 15 To state a claim on which relief may be granted, the ^p must allege enough facts “to 16 17 18 state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570. “A claim has facial plausibility when the ^p pleads factual content that allows the court to draw the reasonable inference that the ^df is liable for the misconduct alleged." Iqbal, 556 U.S. at 19 20 678. A pro se litigant is entitled to notice of the deficiencies in the complaint and an opportunity to amend, unless the complaint's deficiencies could not be cured by amendment. See Noll v.   Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987), superseded on other grounds by statute as stated in Lopez v. Smith, 203 F.3d 1122 (9th Cir.2000)) (en banc). B. The Complaint ^p brings suit against ~1, stating the complaint is brought pursuant to the Federal Tort Claims Act. ECF No. 1 at 1. ^p declares that “the Government of the ~1, is complicit in upholding a complex system of ‘debt slavery' and 'prosperity suffocation." Id. at 2. ^p asserts that several of his Constitutional Rights have been violated by the ~2 Government and, specifically, the Judicial Branch. Id. 2  Case ^c3 Document 4 Filed 11/04/24 @ 3 of 6   ^p includes a preface to the complaint that contains language about the beginning of the ~2 and references to God and the Bible. For example, ^p writes: “I stand before you a Sinner and the one who has borne shame since I was a child I've never had a home though I   was born in America I've been fatherless even though I have a father, I am childless and I am a widower because of sin and because of shame. I don't want to win this lawsuit I don't certainly ask for a reward that is not rewarded by justice. I will win this lawsuit I already have won, because I know right from wrong and it is a simple and a straight and narrow path.” Id. at 6.   The complaint goes on for several more paragraphs referencing the ~2 Government, the Bible, and portions of American history dating back to the Revolutionary War. ECF No. 1 at 6-8. ^p goes on to state, “if you do not know or you dispute that the creator is 11 12 Christ then you don't need to touch this case and you need to recuse yourself and Oregon read the book of John the beloved, also known as John the divine." Id. at 7. He concludes, “That doesn't 13 14 15 mean with this lawsuit we're going to change the world but it is necessary that we begin to repent that we begin 2 recognize who our God is and not forget because without God there is no justice without God there is no right or wrong without God there is no thing neither can be a thing 16 17 neither can anything exist without God yet we assume 2 judge ourselves our people and other nations without God." Id. at 8. 18 19 20 Under "Causes of Action,” ^p states that his first cause of action is for Negligence and Violation of the Fifth Amendment, and states that this case is brought as a crossclaim to Douglas v. The Ezralow Company LLC, et. al., Case No. 2:24-cv-0331 KJM CKD, in which he and his mother are the ^ps. ECF No. 1 at 8-9. ^p goes on to detail the problems with   25 26 the adjudication of that case, stating that he is forced to recuse Judge CKD and file this lawsuit, among others. ^p states his third and fourth cases of action are also for negligence and violation of the Fifth Amendment in relation to another case, ~h v. ^am, Case No. 2:24-cv-0729 TLN SCR, in which he alleges that court made many errors. ECF No. 1 at 15-16. ^p writes, “The average American would never come to any court to receive 27 justice or to hope for justice because of the relationship between the judicial branch and the 28 citizens not only that the legislative branch and the executive branch are all corrupt. We are 3  Case ^c3 Document 4 Filed 11/04/24 @ 4 of 6   subjects to this government and we are slaves and this government holds powers and exercises powers over citizens as if it were a God. The judicial system is filled with Vipers and the fact that the only way to pursue justice is to come through this convoluted and frankly archaic system 4 5 6 where nobody wants to help you and also treats you like garbage when they can't even do their job evidently as expressed in this complaint I am recusing a judge... I have come here so that my rights will be magnified-but instead my rights are diminished by the actions of these 7 8 employees and the entire pseudo loftiness of this establishment.” Id. at 20. ^p demands a jury trial and seeks $33 billion dollars in compensatory damages and $70 billion dollars in 9 exemplary damages. Id. at 28. 10   14 15 16 C. Analysis This complaint must be dismissed because it is factually frivolous. A complaint is "frivolous" within the meaning of § 1915(e)(2)(B)(i) only if it lacks an arguable basis in law or fact. Neitzke, 490 U.S. at 325. “To this end, the statute accords judges not only the authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint's factual allegations and dismiss those claims whose factual contentions are clearly baseless.” Id. at 328. “Examples of the latter class are claims describing fantastic or delusional scenarios, claims with which federal district judges are all too familiar.” Id. As explained by the ~2 Supreme Court, [A] court may dismiss a claim as factually frivolous only if the facts alleged are "clearly baseless,” 490 U.S., at 327, 109 S.Ct., at 1833, a category encompassing allegations that are “fanciful,” id., at 325, 109 S.Ct., at 1831, “fantastic,” id., at 328, 109 S.Ct., at 1833, and "delusional," ibid. As those words suggest, a finding of factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible, whether or not there are judicially noticeable facts available to contradict them. An in forma pauperis complaint may not be dismissed, however, simply because the court finds the ^p's allegations unlikely. 17 18 19 20   25 26 Denton v. Hernandez, 504 U.S. 25, 32–33(1992). Factually frivolous claims are defined as "clearly baseless,” which includes “fanciful,” “fantastic,” and “delusional." Id. 27 Having thoroughly reviewed the complaint, the undersigned concludes that the allegation 28 are irrational with no basis in law or fact. The complaint is a generalized rebuke of the United 4  Case ^c3 Document 4 Filed 11/04/24 @ 5 of 6   States Government and the judicial system for their failure to follow Biblical mandates. The references to constitutional violations and negligence with respect to other cases not before the undersigned are incoherent. The complaint lacks a basis in law or fact, and the court accordingly finds the complaint frivolous. For this reason, the complaint must be dismissed. 5 6 II. Leave to Amend is Not Appropriate Leave to amend is not appropriate in this case. Ordinarily, pro se litigants are granted 7 8 liberal leave to amend. “Valid reasons for denying leave to amend include undue delay, bad faith, prejudice, and futility.” California Architectural Bldg. Prod. v. Franciscan Ceramics, 818 F.2d 9 10 1466, 1472 (9th Cir. 1988). Here, given the defects described above, the undersigned finds that leave to amend would be futile and should therefore not be granted. 11 12 III. Pro Se ^p's Summary The ^mj is recommending that your case be dismissed, because the facts in 13 your complaint do not state a claim under the Federal Tort Claims Act or any other law. You 14 may object to this recommendation within 21 days if you wish to do so. The District Judge will 15 make the final decision as to whether this case can proceed. 16 17 18 19 IV. Conclusion Accordingly, the undersigned recommends that ^p's request to proceed in forma pauperis (ECF No. 2) be GRANTED but that the complaint (ECF No. 1) be DISMISSED because it is frivolous, and that this case be closed. 20 21 22 These findings and recommendations are submitted to the ~2 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty one days after being served with these findings and recommendations, ^p may file written objections 23 24 with the court and serve a copy on all parties. Id.; see also Local Rule 304(b). Such a document should be captioned “Objections to ^mj's Findings and Recommendations.” Failure 25 to file objections within the specified time may waive the right to appeal the ~dc's 26 //// 27 //// 28 //// 5  Case ^c3 Document 4 Filed 11/04/24 @ 6 of 6 order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, allison Clane ALLISON CLAIRE ~2 ^mj 1 2 1156-57 (9th Cir. 1991). 3 DATED: November 1, 2024 4 5 6     6  ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [4] Findings and Recommendations, served on ^a. (Mena-Sanchez, L)    Case ^c3 Document 5 Filed 11/12/24 @ 1 of 39 ^a ~pa, 95827 (916)-365-5434 ^e FILED NOV 12 2024 4 ^a, IN PRO PER CLERK, ~d 5 BY DEPUTY CLERK 6 7 ^c6 Case No.: ^c3   11 ^a, 12 ^p, 13 V. 14 ~1 15 ^dfs. 16 17   ~m FOR EMERGENCY TRO OR RESTRAINING ORDER DUE TO CLERKS AGGRESSIVE HARASSMENT -- CAUSING HYPERTENSIVE CRISIS, UNDUE STRESS, AND CROSS-CLAIM Case No.: ^c1 I. II. III. IV. ~h V. ^am CROSS-CLAIM V. VI. VII. VIII. IX. Χ. Case No.: 2:24-CV-00331 KJM-CKD Douglas V. The Ezralow Company LLC, et. al "GOVERNMENTS ARE INSTITUTED AMONG MEN, DERIVING THEIR JUST POWERS [AND ONLY JUST POWERS, NO OTHER POWER] FROM THE CONSENT OF THE GOVERNED" Declaration of Independence EXACERBATING HEART FAILURE ~toc & NOTICE FOR TRO DIAGNOSES OF CHF, PTSD, VET STATUS TABLE OF AUTHORITIES INCIDENT REPORT & DECLARATION OF EMERGENCY STATEMENT OF IRREPRABLE HARM DECLARATION OF FAMILY ~m FOR TRO DENIAL OF NOTICE 11/8/24 NOTICE OF CERTIORARI PROPOSED ORDER I. NOTICE OF TRO TO THE TWO CLERKS IN THE INCIDENT Rule 65: Injunctions and Restraining Orders (b) Temporary Restraining Order. Government Liability for Failure to Perform Mandatory Duty. Government Code section 815.6. California Code of Civil Procedure § 527.6: This statute allows individuals to seek restraining orders against harassment. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 1    Case ^c3 Document 5 Filed 11/12/24 @ 2 of 39 II. CHF & PTSD ^xS Below are some snapshots of medical records and different Diagnoses, relevant to my PTSD, and Congestive Heart Failure. Which upon warning the Clerk 'Shelly, Kelly or' [The main instigator of the 4 5 two clerks working there Friday November 1rst, 2024 3:50 pm approximately]     14 Snapshot from last November 21, 2023, Coincidentally, after suffering from stress related heart attacks [id Amazon Docket Dr. Giving Echo Cardiogram informed me of the possibility of 'Broken Heart Syndrome, Tasksobo Cardiomyopathy' KAISER PERMANENTE Problem List (continued) as of 11/8/2024 ~h, Andrew G MRN: 110013574002 Sex: M SSN: xxx-xx-8165 Patient (continued) 15 Acute exacerbation of CHF 11/21/2023 Yes Acti (congestive heart failure) 16 Hypertensive urgency 11/21/2023 Acti Acute pulmonary embolism 11/21/2023 Yes Acti Received from Renown Health on 11/20/2023 0708 17   Next @ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 2  Case ^c3 Document 5 Filed 11/12/24 @ 3 of 39 1 Sutter Roseville CHF diagnosis 8/21/24 for which I am still actively being treated for. 2 Active Hospital Problems 3 Diagnosis Date Noted 4 Acute exacerbation of CHF (congestive heart failure) (CMS/HCC) [150.9] 11/21/2023 Hypertensive urgency [116.0] 11/21/2023 Acute pulmonary embolism (CMS/HCC) [126.99] 11/21/2023 5 Resolved Hospital Problems 6 No resolved problems to display. 7 PROCEDURES: None 8 9 IMAGING PERFORMED: 10 Please see results in epic 11 PENDING STUDIES: 12 None 13 REASON FOR ADMISSION: 14 Patient presents with: Breathing problem: Dx with CHF at AMA from Kaiser yesterday and wants an echo 15 16 HOSPITAL COURSE: 17 18 Andrew ~h is a 41 year old male with history of PTSD and anxiety presented with dyspnea. waking up in the middle of the night with shortness of breath symptoms. He attributes this to PT palpitation. He has intermittent chest pain, which reports his dullness without radiation. He does extromitodoma. No foyer Minimal.cough No coutum production No pleuricy No paucos.erve 19 20 21 22 Next @ 23   ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 3  Case ^c3 Document 5 Filed 11/12/24 @ 4 of 39 Benjamin Campbell, DO - 11/23/2023 4:06 PM PST 1 2 Formatting of this note is different from the original. Images from the original note were not included. Sutter Medical Group Hospitalists 3 PCP: No PCP 4 FINAL DIAGNOSES: 5 6 7 8 Active Hospital Problems Diagnosis Date Noted Acute exacerbation of CHF (congestive heart failure) (CMS/HCC) [150.9] 11/21/2023 Hypertensive urgency [116.0] 11/21/2023 Acute pulmonary embolism (CMS/HCC) [126.99] 11/21/2023 Resolved Hospital Problems 9 No resolved problems to display. 10     21 Normal BNP range is less than 300, mine was 7,040, which can indicate failure of both the heart and the kidneys to some degree. But this was accompanied with Sepsis as well.↓ 22 eGFR 69 \u003E60 See Cmnt 23 B-TYPE NATRIURETIC PEPTIDE (BNP) 24 Result Value Ref Range 25 26 NT Pro BNP 7,040 (H) \u003C300 pg/mL CBC WITH AUTOMATED DIFFERENTIAL Result Value Ref Range 27 28 ~m FOR EMERGENCY TRO RESTRAINING ORDER- ^avu * @ 4  Case ^c3 Document 5 Filed 11/12/24 @ 5 of 39   I missed this cardiology appointment because I was forced to choose to protect my liberties by preparing the lawsuit ~h V. The ~2, and I was responding to Illegal Court Orders, after our appeal was wrongfully removed basically all of section IV. Incident report, and @s 15- 21 detail the active battle we have had against Court Orders that deprive us of our Rights, and furthermore to have to be locked in the clerks office with a rogue employee threatening, harassing me and intimidating me by every means necessary is unacceptable and violates me, my health, my privacy, my rights to their very core. 7 8 Patient Registration - Andrew ~h (294816) 9 Eile Edit View Options Help 10 11 ezAccess Portal Access (Famity): Active (No Log-in Attempt) 12 Additional haurance Contacts Appointments Payment Plan Historical Data Appointment Recal Document Management 13 Patient Guarantor Patient Appointmani Notes 14 01/25/24 Received referral per Guo PAfor Consut-DL. 2/6/2024 called and scheduled and maled cut paperwork/cv 15 3/14/24 #nct in service. ALR 3/14/24 Confirmed appts. EH 16 No patient recall history 17 18 Appointment History 19 Data Time Doctor 20 10/25/2024 10:20 AM 04/26/2024 11:00 AM 03/15/2024 11:40 AM Fugt MD FACC, Michael D Fugt MD FACC, Michael D Fugt MD FACC, Michael D Resource Fugit MD FACC, Michael D Fugt MD FACC, Michael D Fugit MD FACC. Michael D Facity Sacramento Heart Main Offica Sacramento Heart Man Offica Sacramento Heart Main Office Appont Status Flecheck No Show Recheck Checked in flacheck Checked in   25 26 Next @ 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 5  1 2 Case ^c3 Document 5 Filed 11/12/24 @ 6 of 39 I was diagnosed with PTSD at age 7 – and joined the USARMY afterwards, which caused a great deal of challenges for me in my adult life after. I do not like having to expose my privacy like this, but there are clerks actively fighting against my civil liberties, and due process and my rights 3 4 to utilize the judicial system for redress of grievances. 5 6 7 8 Case ^cc1 Document 7 Filed 03/13/24 @ 5 of 17 CLIENT: Andy ~h 9 DATE OF BIRTH: AGE: 7 February 18, 1990 10 REVIEWED: 4/5/90 TREATMENT PLAN AP&P OFFICER: DFS CASEWORKER: Ralph Jaggi REFERRAL DATE: 1/18/90 REFERRAL SOURCE: DFS   1. 14 2. 15 DSM III-R DIAGNOSTIC IMPRESSIONS: Axis I: 309.89 Post traumatic distress disorder Axis II: V71.09 No diagnosis REASON FOR REFERRAL Andy was sexually abused by TREATMENT GOALS: To fully disclose the abuse describing what happened and the negative and positive feelings involved. To realize the responsibility for the abuse belongs to the perpetrator. 16 3. To work through feelings such fear, guilt, helplessness and their symptoms such as nightmares, problems at school and regressive benavior. 17 4. 18 ASSESSMENT OF GOAL ACCOMPLISHMENT: 1. 19 Goal #1 will be accomplished when Andy fully discloses the abuse, particularly his feelings about it. 2. 20 Goal #2 will be accomplished when Andy can place the responsibility for the abuse on 3. 21 on 22 Goal #3 will be accomplished when Andy is no longer fearful of he has learned self-protection skills; when Andy places the responsibility for the abuse longer feels guilty; and when Andy feels empowered because he has learned effective ways to deal with his problems and feelings. 23 4. Goal #4 will be accomplished when Andy can define   Janet A Cinderson Janet Anderson, M.S. THERAPIST qy C.Y. ROB Ph.D. CLINICE OSVAJALOCIET ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 6  Case ^c3 Document 5 Filed 11/12/24 @ 7 of 39 1 Copy of my graduation certificate from Basic Combat Training, I'm not going to put my DD-214s 2 into the court records currently, due to their sensitive nature, but suffice it to say that this 3 4 manifests my service in the military, after I was diagnosed, and one can draw reasonable inference as to the stress that impacted my life.↓ 5 6 7   18 19 DEPARTMENT OF THE ARMY CERTIFICATE OF TRAINING Is Awarded to Andrew S. Havmore For Successfully Completing Baste (Southbat Framing ÉLLIA COMPAN 20 21 Given at Fort Benning, Georgla On 22 23   Commanding ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 7        Case ^c3 Document 5 Filed 11/12/24 @ 8 of 39 III. TABLE OF AUTHORITIES Federal Statutes- THIS TRO IS BASED ON THE FOLLOWING LEGAL AUTHORITIES WHICH WILL ALSO BE USED IN THE SUBESQUENT LEGAL ACTIONS AMENDED INTO COMPLAINT: 1. Title VII of the Civil Rights Act of 1964: This title prohibits harassment based on race, color, religion, sex, or national origin and provides a basis for seeking a TRO in cases of severe harassment. 2. Federal Rules of Civil Procedure (FRCP) Rule 65(b): This rule allows the court to issue a TRO without notice to the adverse party only if specific facts in an affidavit or verified complaint clearly show that immediate and irreparable injury, loss, or damage will result before the adverse party can be heard in opposition. 3. 18 U.S. Code § 1514: This statute allows a U.S. ~dc to issue a Temporary Restraining Order (TRO) prohibiting harassment of a victim or witness in a federal civil case if the court finds reasonable grounds to believe that harassment exists or that the order is necessary to prevent and restrain an offense under section 1512 or 1513. 4. 5 CFR § 2635.101: This statute outlines the basic obligations of public service, emphasizing that employees must place loyalty to the Constitution, laws, and ethical principles above private gain. It also states that employees must act impartially and not give preferential treatment to any private organization or individual. ~h V."
   },
   {
     "id": 3,
     "text": "~1 * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 8        21 22 Case ^c3 Document 5 Filed 11/12/24 @ 9 of 39 5. 5 U.S.C. Chapter 75: This chapter covers adverse actions against federal employees, including removal, suspension, reduction in grade or pay, and furloughs. It provides a framework for addressing misconduct and performance issues 6. 13 U.S.C. Chapter 7: This chapter outlines offenses and penalties for federal employees, including fines for neglecting or refusing to perform their duties without justifiable cause. 7. 8 U.S.C. § 1915 (a)(1) Subject to subsection (f), any court of the ~2 may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such person possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense or appeal and affiant's belief that the person is entitled to redress. 8. Federal Rule: 28 U.S. Code § 1915 - Proceedings In Forma Pauperis (IFP) Text of the statute: (a) (1) Subject to subsection (b), any court of the ~2 may authorize the commencement, prosecution, or defense of any suit, action, or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such person possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense, or appeal and affiant's belief that the person is entitled to redress. CALIFORNIA STATE STATUTES: 23 24 1. Government Code section 815.6 Government Liability for Failure to Perform Mandatory Duty. 25 26 27 2. California Code of Civil Procedure § 527.6: This statute allows individuals to seek restraining orders against harassment. 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 9    11 12 Case ^c3 Document 5 Filed 11/12/24 @ 10 of 39 3. California Government Code § 820.2: This statute provides immunity to public employees for discretionary acts but not for acts of gross negligence or willful misconduct. 4. Civil Code – CIV 1927. Implied Covenant of Quiet Enjoyment 'An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same.' In simpler terms, this means that every rental agreement in California includes an implied covenant of quiet enjoyment. This covenant ensures that tenants have the right to use and enjoy their rented property without substantial interference from the landlord or other parties. 13 14     Applicable Case Law: Haines v. Kerner, 404 U.S. 519 (1972): The Supreme Court held that the allegations of a pro se complaint are to be held to less stringent standards than formal pleadings drafted by lawyers. The Court emphasized that pro se litigants' complaints should be liberally construed. Erickson v. Pardus, 551 U.S. 89 (2007), the Supreme Court emphasized that a pro se complaint should be held to less stringent standards than formal pleadings drafted by lawyers. The Court stated that a pro se complaint, "however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers"1. This means that courts should draw all reasonable inferences in favor of the ^p when reviewing a pro se complaint. The case involved William Erickson, who filed a lawsuit against prison officials, alleging that they violated his Eighth Amendment rights by demonstrating deliberate indifference to his serious medical needs. The Court vacated the lower court's dismissal of Erickson's complaint and remanded the case for further consideration, highlighting the importance of giving pro se litigants the benefit of the doubt when it comes to their pleadings. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 10        Case ^c3 Document 5 Filed 11/12/24 @ 11 of 39 Streit v. Covington & Crowe (2000). In this case, the California Court of Appeal held that an attorney who makes a special appearance to dispute jurisdiction but then obeys a court order favorable to them can be bound by the jurisdiction of the court1. The court found that by participating in the proceedings, even through a special appearance, the attorney associated themselves with the case and thus submitted to the court's jurisdiction ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 11  1 Case ^c3 Document 5 Filed 11/12/24 @ 12 of 39 IV. EMERGENCY DECLARATION AND INCIDENT REPORT 2 3 INCIDENT LOCATION: Clerks Office, 4th floor, at 501 I St # 4200, Sacramento, CA 95814 4 5 6 Incident Dates- Wednesday Oct 30th, 2024, Thursday Oct 31rst, 2024, Friday Nov 1rst, 2024 Each of these days between 3:45-4PM PST 7     INCIDENT SYNOPSIS – I Suffered for 3 days, being harassed and her, intimidated by the Clerk "Shelly, Kelly, or" the one with the tattoos on her knuckles, blond and was working Wednesday Oct 30th, 2024, Thursday Oct 31rst, 2024 Friday Nov 1rst, 2024-this clerk not only targeted me for harassment, aggressively instigating a contention after I warned her I had Congestive Heart Failure and to stop harassing me. The continual fear of my rights being molested or me being intimidated by this clerk, in her combination with the other clerk that was present during these dates, causes me undue stress, burdens, and hardships, as I pursue redress of grievances, and to pursue my constitutional rights of due process, through seeking judicial relief, at the ~dc, Easter District of California. [@ 17 of this document, and all of those associated case details, reflect the emergency situation put upon me, by the court to file these things, that's why I was arriving late, staying up late at night, and struggling to keep up with the actions that needed to be taken to preserve my safety, security, and liberty. This document will lead into that, and the implications it had in putting me in that time and space, where the clerks decided it was important to lock me into the office, badger and harass me, intimidate, threaten me and have the security used as bulldogs to stop me from having to come before closing time to file.] 22 23 24 25 INCIDENT REPORT— THREE DAYS of constant harassment and intimidation while trying to file paperwork at the clerks office, at the ~dc in caption @ 1. Willful acts of discrimination, items listed in [1.] above, causing me to have lapses in memory, blood in my sputum, headaches, fatigue, nightmares, chest pains, and a wide range of other anxieties and injuries, because of 26 27 this Clerk's actions and Her Boss. 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 12  Case ^c3 Document 5 Filed 11/12/24 @ 13 of 39       This hypertensive Crisis has been caused by three main factors 1) Judge CKD vacating my right to due process and destroying our appeal 2) the incessant legal errors of the clerks of this court 3) the clerk 'shelly' or 'kelly' who had me surrounded by the U.S. Marshal or Deputies, or the Federal Agents, had me surrounded by the Security Guards, because my filing to respond to 1 and 2, and having to 3) file a lawsuit against the Government of the ~2; I have been up late night every night, losing sleep, when I barely made it to the clerks window with filings from Wednesday Oct 30th, 2024, Thursday Oct 31rst, 2024 and Finally on Friday Nov 1rst, 2024, While preparing emergency filings from Wednesday Oct 30th, 2024, Thursday Oct 31rst, 2024 and Finally on Friday Nov 1rst, 2024 all precisely last week-I was arriving 10 minutes till 4pm. The court was always open when I arrived, albeit, just before closing. 'Shelly' or 'Kelly' along with another unknown clerk, were profusely angry for having to stay after 5-10 minutes after the clerk's office closed. 'Clerk Shelly or Kelly' berated, harassed and badgered me at least 5 times on Wednesday Oct 30th, 2024 and again Thursday Oct 31rst, 2024, and finally in combination with an unknown clerk who was present but made great efforts to conceal herself from being seen (I'm assuming it's the Spanish Lady clerk, it's all on video for sure, and perhaps audio if the court preserves that); Friday Nov 1rst, 2024, clerk 'Shelly' or 'Kelly' resumed her typical behavior, except this time more aggressively. Telling me in a loud and intimidating, rude and berating voice, that, to the effect of [these lines] “you have to leave now!” – “hurry and finish that you shouldn't be here!" - "were closed you have to leave now!"—"you're wasting our time!"-"we're 5 minutes over!", "You have to come earlier!", "you can't keep on doing this!", "we're not getting paid for this!" Clerk 'Shelly or Kelly' was Intentionally antagonizing, frustrating, and harassing me, in the process of trying to file, sign, and organize the papers. Except this time on Friday, Nov 1rst, 2024 at approximately 3:55pm, Clerk 'Shelly' or 'Kelly' began to interrupt me more aggressively in approximately 30 second to 1 minute intervals, Antagonizing me, belittling me, berating me, harassing me, and I told her "Look I've been staying up every night to finish these filings, and these filings are for my rights, I have to do this to protect myself. I have Congestive Heart Failure, and I could have a ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 13  Case ^c3 Document 5 Filed 11/12/24 @ 14 of 39 1 Hypertensive Crisis if you keep provoking me into a contention" to which she exclaimed “OH GOD, PLEASE," [scoffingly] while gyrating her neck and flailing her hands. 2     11 12 This time when I warned her, not yelling, but assertively told her and warned her I had CHF, she looks around the corner to [unknown clerk] and says, "should I press the button?" This I assumed meant a button to notify security. She repeated the same behavior again, harassing me, interrupting me trying to stimulate me to move faster, and I told her again the same things or to the same Effect, again she looked at the other clerk and said “should I Press the button?", as well as when I told her again that the stress was literally bad for my heart she she exclaimed “OH GOD, PLEASE, WHATEVER” [scoffingly] while gyrating her neck and flailing her hands AGAIN, I told her “this is the 3rd day you've done this, So, I said, "I need to sign this, and redact a few things", and then she would agree mockingly, and then wait approximately 30-45 seconds to berate, harass, and abuse me with the same lines as stated 13 above see [these lines]. So after about the 6th or 7th time I warned her again, “look lady stop trying to     25 26 have a contention with me, I'm trying to finish this like I've told you, and you keep interrupting me and I can't concentrate with you harassing me!" The Security Team [4 of which she rang to the office after instigating a scene while her boss [WHO I AM ASSUMING TO BE THE SPANISH LADY] watched her and egged her on, both of them scheming to cause me this stress and anxiety-because I have been arriving before closing house of the Court, to file paperwork, in response to the Negligence of the Court Clerks, and the Discrimination and Depravity of my constitutional rights in regards to both cases captioned. As the Security Team of the ~dc said to me “Yes she made a mistake." Somewhat indicating that they can hear the audio from the clerk's office and monitor the building? I'm assuming that this may be a functionality of this federal building, if so they are also witnesses. [speaking of the blonde clerk who was harassing me] I'm not sure if they have audio footage or just video footage, but eventually we will need all of it as this TRO is being filed alongside the Captioned Complaint @ I have been suffering from two week long hypertensive Crisis, I have begun to cough up blood, I have blood in my sputum, and I am experiencing vertigo, dizziness, ringing in my ears, unable 27 28 to remember things, because of the behavior and actions of this court in the last 14 days plus. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 14  Case ^c3 Document 5 Filed 11/12/24 @ 15 of 39   5 I will put this emergency in the science of numbers, I am suffering from blood pressure readings of 200-220 consistently throughout the day. I am suffering from headaches, dizziness, chest pains, and retaining water, even under the use of diuretics; I am experiencing a Hypertensive Crisis, much like the one described in Docket item X -- where my cardiologist told me I can't live like this" and I was at "risk for heart attack and stroke". 6 7 I AM SEEKING A RESTRAINING ORDER AGAINST THE TWO CLERKS WHO WERE 8 WORKING BETWEEN 3:30 AND 4PM ON THE FOLLOWING DATES: 9 Wednesday Oct 30th 2024, Thursday Oct 31rst 2024, Friday Nov 1rst 2024- 10 That is (shelly, or Kelly, and her Supervisor or whoever was with her on Friday)   TIMELINE OF NEGLECT OF CLERKS 14 15 MUST READ THIS TIMELINE TO SEE THE PERPETUAL NEGLECT, AND EXTENUATING 16 CIRCUMSTANCES WHICH LEAD TO MY APPEARANCES AND FILINGS 17 Wednesday Oct 30th 2024, Thursday Oct 31rst 2024, Friday Nov 1rst 2024- 18 19 I arrived at the jurisdiction of the ~dc, after my lawsuit against ^am, was 20   removed from the state Venue Jurisdiction, and placed into the Eastern ~dc. On 3/8/24 ^c1 (PS) ~h v. ^am ^n1, presiding ^n2, referral Date ^f: 03/08/2024 Date of last filing: 11/01/2024 History 25 26 Doc. Dates Description No. 27 1 ^fe: 03/08/2024 Notice of Removal 2 ^fe: 03/08/2024 Civil New Case Documents for TLN 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 15      Case ^c3 Document 5 Filed 11/12/24 @ 16 of 39 I immediately ~med for remand, which was an emergency ~m, with supplemental filings, in the which NOTHING happened, no statement of defects, no denial of ~m, no date assigned, simply nothing happened, and venue determines everything and needs to be litigated, all the way to the Supreme Court. Period. 3/12/24 ### MINUTE ORDER ### Full docket text for document 3: ~4 by ^a. (Woodson, A) Upon providing the context of emergency and supplemental documents, still, nothing happened. ### MINUTE ORDER ### Full docket text for document 7: ~4 by ^a. (Attachments: # (1) Points and Authorities, # (2) Proof of Service) (Woodson, A) 14   Submitted more documentation, which was actual doctors' visit in which my blood pressure had skyrocketed to 200 after ^am's attorney decided to freak out on the phone and 18 threaten me because I contacted him to meet and confer and inform him of the remand. 19 20 12 ^f: 03/18/2024 Declaration ^e: 03/19/2024 21 LIVE 1.7.1.1 NEXTGEN CM/ECF - U.S. Distri... 22 23 https://ect.caed.uscourts.gov/cgi-bin/Hist X DECLARATION of ^a In Support of 24 ### MINUTE ORDER ### Full docket text for document 12: 25 26 [9] ~4. (Murphy, J) Despite being 12 docket items deep in total, and my submissions, there were no minute orders 27 28 created, no calendar assignments, no hearing date, and no notification of any defects in filing. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 16  Case ^c3 Document 5 Filed 11/12/24 @ 17 of 39 1 These are the extenuating circumstances that caused me to arrive late, While those who are 2 3 corrupt and scheming, might revel at the fact that these sorts of abuses are happening, causing me more pressure, and more paperwork, and chewing away at my statute of limitations by being altogether 4 and nearly completely useless in administrating affairs and filing paperwork, and setting emergency 5 hearings, [which they whimsically deny emergency ex parte filings or altogether don't even put them on 6 the calendar or assign them, as I have complained or will be amended into the complaint but easily 7 8 referenced by the 3 ex parte ~ms to remand, docket items in ~h V. Amazon] ^xed below; Case No.: ^c1 ~h V. ^am 9 ^f: 03/12/2024 ~4 ^e: 03/13/2024 4 ^f: 10 03/12/2024 ~p ^e: 03/13/2024 1 ^f: 03/13/2024 ~4 11 ^e: 03/14/2024 ^f: 03/14/2024 ~5 12 ^e: 03/18/2024 13 5 ^fe: 03/14/2024 6 ^fe: 03/14/20243 Stipulation and Proposed Order Consent/Decline of ^mj Jurisdiction 8 ^fe: 03/14/2024 ~m for Extension of Time 14 9 ^f: 03/14/2024 ~4 ^e: 03/15/2024   No calendar date, no consideration, no response citing defects, NOTHING. HAPPENED. And this determines why I was even here in the first place!!! 19 20 Being pressed for time, in this very filing, I don't have time to list and cite all the whimsical, negligent, unprofessional and altogether unacceptable acts of both willful and intentional gross negligence, malice, 21 22 and oppression and discrimination. There are several examples, and these are procedural, that change the entire course of the case and affect the statute of limitations. 23   However, I will try to list all that I can remember, presently CONTINUE TO NEXT @ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 17  Case ^c3 Document 5 Filed 11/12/24 @ 18 of 39   This request for an emergency ex parte to stay, so I could request and prepare a remand hearing, is kicked out after bringing the attention to the judge that there was an action commencing, and cross-claim, and that I hadn't had any information or feedback, about the initial remand hearings that were filed. 5 6 28 ^f: ^e: 10/31/2024 ~m to Stay 11/01/2024 7 ^fe: 11/01/2024 8 29 ^fe: 11/01/2024 Service by Mail Minute Order 9 10 11 Instead, I received this (below) 12 13   21 22 23 ### MINUTE ORDER ### Full docket text for document 29: MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for ^mj ^n2 on 11/1/2024: ^ps [28] ~m to Stay is noticed for hearing on a date not designated for the Court's civil ~m hearing calendar. While ^p has filed this as an "emergency" ~m, the ~m does not indicate that ^p is at risk of irreparable harm, and so this ~m shall be treated as a conventional ~m. Accordingly, the hearing date of 11/13/2024 is vacated. ^p is directed to re-notice the ~m at least 35 days from now pursuant to Local Rule 230(b). Available dates to notice the ~m can be found on the Court's website under ~m Schedule for Civil ~m Hearings at https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states- magistrate-judge-sean-c-riordan-scr/ (Her, S) Citing legal jargon, "not indicate that ^p is at risk or irreparable harm" without a citation, on considering the document itself stating I have had no acknowledgement from the court about a remand ~m, that was never given a calendar date. If this is issued by a judge, and it contains a legal argument, then it needs to be signed and mailed 24 to me, and cited precisely, what parts of my document indicate there is no risk of irreparable harm. And 25 how, drawing from reasonable inferences, that I am not in a position of irreparable harm. 26 27 28 Next @ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 18  Case ^c3 Document 5 Filed 11/12/24 @ 19 of 39 1 No reasonable inferences are being drawn here, [### MINUTE ORDER ### Full docket text item 29, last @] or consideration meanwhile the (emergency injunctive relief) hearing has also been swallowed into oblivion, 2 3 4/4/24 4   12 13 ### MINUTE ORDER ### Full docket text for document 20: MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge ^n1 on 4/4/2024: Pursuant to Local Rule 302(c)(21) ^df's ~m to Dismiss (ECF No. [18]) shall be noticed before the assigned ^mj. Counsel for ^df shall contact the Clerk for ^mj Deborah Barnes for available law and ~m dates and re-notice the ~m before the ^mj with the proper time and date. Accordingly, the 5/23/2024 hearing before District Judge ^n1 is VACATED. (TEXT ONLY ENTRY) (Krueger, M) 8/6/24 we have an order of reassignment ↓     ### MINUTE ORDER ### Full docket text for document 27: ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of ^mj ^n2 to the bench of the Easternm District of California, the court hereby reassigns this case from ^mj Deborah Barnes to ^mj ^n2 for all further proceedings. (Mendez Licea, O) When the statute of limitations is ticked away by the willful intention of the court! You can't say that all these acts of having no hearing, hearings being vacated indefinitely, orders without legal citations or signatures from a judge are simply mistakes. This case has been resting for 9 months with nothing but statute of limitations being abused, and a smoke screen charade of "process" without any actual hearings or discussions about legal standing or the fact that, Amazon Employees called me on the phone, as a result of a Behavioral Investigation into the actions of their employees, and told me that Amazon Staff was responsible for what I complained about!!! AND BOTH ME AND AMAZON HAVE THE RECORDING OF THIS CONVERSATION! A literal confession. And I can't have a hearing about an emergency room visit 28 ^am, employees caused me, and subsequent disability since. 25 26 27 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 19  Case ^c3 Document 5 Filed 11/12/24 @ 20 of 39 1 That's one case, but it doesn't end there, it gets worse, In the case of 2 Douglas V. Ezralow [see @ 1 caption] Case No.: 2:24-CV-00331 KJM-CKD ↓ 3 4 10 ^f: ^e: 08/16/2024 Clerk's Decline of Entry of Default 08/20/2024   12 13 14 15 ### MINUTE ORDER ### Full docket text for document 10: REQUEST FOR ENTRY OF DEFAULT DECLINED as to Bryan Ezralow, Marc Ezralow, Leslie Huffman, Chris Robello, The Ezralow Company LLC. The clerk hereby declines to enter due to Unable to determine if summons was appropriately served based on the documents filed. (TEXT ONLY) (Murphy, J) Clerk makes a legal interpretation, doesn't have authority to decline, See FRCP 77 (c) CLERK'S OFFICE HOURS; CLERK'S ORDERS. (1) Hours. The clerk's office with a clerk or deputy on duty-must be open during business hours every day except Saturdays, Sundays, and legal holidays. But a court may, by local rule or order, require that the office be open for specified hours on Saturday or a particular legal holiday other than one listed in Rule 6(a)(6)(A). (2) Orders. Subject to the court's power to suspend, alter, ог rescind the clerk's action for good cause, the clerk may: (A) issue process; (B) enter a default: (C) enter a default judgment under Rule 55(b)(1); and (D) act on any other matter that does not require the court's action. 16 17 We appeal, through a ~m for relief from judgement or order—see docket item 11 18 19 1 ^f: 06/26/2024 Summons Returned Executed ^e: 06/27/2024 20 8 ^f: 08/16/2024 Request for Entry of Default ^e: 08/19/2024 21 9 ^f: 08/16/2024 Clerk's Entry of Default 22 ^e: 08/20/2024 23 10 ^f: 08/16/2024 Clerk's Decline of Entry of Default ^e: 08/20/2024 24 ^fe: 08/20/2024 Service by Mail 25 11 ^f: 08/28/2024 ~m for Miscellaneous Relief ^e: 08/29/2024 26 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 20    Case ^c3 Document 5 Filed 11/12/24 @ 21 of 39 Citing the binding authority of the 9th Circuit, that our return of service, [and our agreement with a managing agent on how we should execute service earlier in docket item 11], citing the 9th "...return of service ...can be overcome only by strong and convincing evidence." (see below} 10 6 11 7 12 8 13 14 8 "### MINUTE ORDER ### Full docket text for document 10: REQUEST FOR ENTRY OF DEFAULT DECLINED as to Bryan 5 9 Ezralow, Mare Ezralow, Leslie Huffman, Chris Robello, The Ezralow Company LLC. The clerk hereby declines to enter due to Unable to determine if summons was appropriately served based on the documents filed. (TEXT ONLY) (Murphy, J). We the ^ps believe that these orders are ambiguous and problematic, for all parties, including the Court. We believe that these orders need to be swiftly corrected, to reflect uniformity and conformity with FRCP Rule 55(a); which reads-- "(a) Entering a Default. When a party against whom a 9 15 judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is 10 16 shown by affidavit or otherwise, the clerk must enter the party's default." 17 11 18 12 19 13 20 The Ninth Circuit has ruled "[A] signed return of service constitutes prima facie evidence of valid service which can be overcome only by strong and convincing evidence." SEC v, Internet Solutions for Bus., Inc., 509 F.3d 1161, 1163 (9th Cir.2007). Additionally, the following ruling can be interpreted to hold Persuasive Authority, as per the general pleadings of Pro Se Litigants, or the ^ps; and not only the complaint; "The Court must 21 14 22 accept as true all factual allegations in the complaint and must draw all reasonable inferences from those 15 23 allegations, construing the complaint in the light most favorable to the ^p. Westlands Water Dist. 24 v. Firebaugh Canal, 10 F.3d 667, 670 (9 th Cir. 1993). - Considering this logic, and the sworn 16 17 18 19 20   25 26 Which appeal, in the form of ~m for relief from judgement or order and are assigned a hearing date-defense has had two notices, with returns of service produced to court, two opportunities to respond using the judicial process; we secure hearing date for our appeal- For 10/9/24 ### MINUTE ORDER ### Full docket text for document 12: MINUTE ORDER issued by Courtroom Deputy L. Kennison for Chief ^mj Carolyn K. Delaney on 8/29/2024. The court is in receipt of [11] ^ps' ~m for Relief from Judgment or Order which is noticed for an unavailable date. On the court's own ~m, the hearing is RESET for 10/9/2024 at 10:00 AM via Zoom before ^mj Carolyn K. Delaney. (Text Only Entry) (Kennison, L) 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 21  Case ^c3 Document 5 Filed 11/12/24 @ 22 of 39   Defense "attempts to appear" gets a ~m date scheduled AFTER OUR APPEAL HEARING DATE while two of their ^dfs are in default, they are scheduled for 11/13/24. (Note they never served us any notice, or any paperwork, and we never consented to electronic notice, so obviously we don't respond) 5 6     ### MINUTE ORDER ### Full docket text for document 9: CLERK'S ENTRY OF DEFAULT as to *First Pointe Management Group LLC, Stacy White* (Murphy, J) ### MINUTE ORDER ### Full docket text for document 16: AMENDED [13] ~m to QUASH by The Ezralow Company LLC. ~m Hearing set for 11/13/2024 at 10:00 AM in Courtroom 24 (CKD) before ^mj Carolyn K. Delaney. (Attachments: # (1) Declaration of Stacey White, # (2) Supplement Request for Judicial Notice, # (3) Proposed Order) (Truong, Tiffany) Modified on 9/26/2024 (Kyono, V). ^mj Carolyn K. Delany caters to the default part, uproots our appeal hearing, merges it into a hearing with a defense that hasn't noticed us of any hearing, or even contacted us to acknowledge they exist. 19 ^fe: 10/01/2024 Minute Order ### MINUTE ORDER ### Full docket text for document 19: MINUTE ORDER issued by Courtroom Deputy, L. Kennison for Chief ^mj Carolyn K. Delaney on 10/1/2024: On the court's own ~m and for judicial economy, the ~m hearing set for 10/9/2024, as to, ^ps' [11] ~m for Relief from Judgment is RESET for 11/13/2024 at 10:00 AM via Zoom before Chief ^mj Carolyn K. Delaney. (Text Only Entry) (Kennison, L) Next @ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 22  Case ^c3 Document 5 Filed 11/12/24 @ 23 of 39 1 So, to catch the reader up to speed- 2 1. Two ^dfs placed into default 8/16/24 (see @ 13 for recap) 3 2. Clerk extra-judicially declines to enter 5 of them even though ~m for entry of default 4 5 6 includes served and sworn affidavits detailing our agreement with a managing agent on how we should serve them, returns of service on both, two opportunities for defense to respond within and according to the judicial process. 8/16/24 (see @ 13 for recap) 7 3. We appeal 8/28/24 (see @ 13 for recap, docket item 11) 8 4. 9 Defense "attempts appearance" doesn't notice us, of anything doesn't serve us anything. (see @ 14, document 16) around 9/26/24 10   5. ^mj CKD uproots our appeal date and merges it into their date EIGHT DAYS BEFORE OUR APPEAL HEARING TO FIX CLERK “MISTAKE" OR "EXTRA- JUDICIAL ABUSE OF AUTHORITY" 10/1/24   21 22 23   We had an A. (^p) and B. (court) appeal hearing, i.e., before the attempted appearance of defense. Destroys our appeal in this act—and ever so subtle sleight of hand. 10/1/24 (see above) 6. Judge CKD then totally vacates hearing, issues order for us to respond to a party which response would- a.) Constitute consent to be served electronically b.) Consent to forget about default party and implications it holds moving forward. c.) Consent to the destruction of our appeal hearing, and to just sweep it all under the rug. When according to the 9th circuit binding authority they should all be in Default. Changing the implications, and the entire direction of our legal strategy moving forward and any response we issue, and everything about the case. (see below) 10/16/24 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 23    Case ^c3 Document 5 Filed 11/12/24 @ 24 of 39 ### MINUTE ORDER ### Full docket text for document 20: ORDER signed by ^mj Carolyn K. Delaney on 10/16/2024 VACATING the ~m hearing set for 11/13/2024; DIRECTING ^ps to file an opposition or a statement of non-opposition within 14 days; ^df may file reply within 10 days of ^p's filing. (Becknal, R.) 5 6 7 7. We ~m to for relief from the above order, informing the court that we haven't consented to electronic notice, [docket item 24 Douglas V. Ezralow]↓ 8 20 ^fe: 10/16/2024 Order 9 21 ^f: 10/30/2024 ~m to Stay 10 ^e: 10/31/2024 11 22 ^f: 10/30/2024 ~m for Judgment ^e: 10/31/2024 12 23 ^f: 10/31/2024 ~m to Stay 13 ^e: 11/01/2024 24 ^f: 10/31/2024 ~m for Miscellaneous Relief 14 ^e: 11/01/2024 15 ^fe: 11/01/2024 Service by Mail 16 25 ^fe: 11/01/2024 Minute Order 17 18 19 20   25 26 IRREPRABLE HARM SUFFERED PAST AND FUTURE- As a result of this harassment and discrimination, it has caused me to have a hypertensive crisis, as my blood pressure has risen above the normal 130-140 to 200+. As a result of the high stress and anxiety it caused the day of these incidents, and particularly that Friday, I was having extreme chest pains and labored breathing, I had more excessive swelling and edema in my legs and ankles, this same edema, is 27 what also causes trouble breathing, when laying down. 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 24  Case ^c3 Document 5 Filed 11/12/24 @ 25 of 39     24 25 26 It is an irreparable injury any time you try to intimidate someone, threaten or harass them, or cause them to feel fear when executing their Civil Liberties, and these Clerks are responsible for all of that, and the continual threat and fear of this happening in the future, while I have an extreme amount of paper work to file still and pending, and I cannot have this undue stress, this undue burden, or any fear that she might have me locked up in the clerks officer, antagonizing me and harassing me, provoking me or even in the least bit causing me fear. I have no criminal history whatsoever. There is no reason to treat me like this or to deny me any civil liberties or use the security of the building as your person bull dogs, to threaten or harass me or to intimidate me from executing my rights to file and use the court services. This sort of action is border lining conspiracy to entrap me and cause me to have some sort of criminal record, when you bring security officers who resemble marshals or I don't know their specific station, but I'm not going to be intimidated that she's going to, or they are going to [the Spanish lady and the blond lady with tattoos Shelly or Kelly]- I'm not going to live in fear of how I move and use my rights, I have been utilizing these rights for a nearly a year, without any contention directly with the clerks, except when I came late those days stated in the incident, and encountered the pompous and disrespectful unjust stewards, trying to provoke me into a contention, a terrible situation and intimidating me. This is not acceptable in any way shape or form in any world, and I demand a hearing if it's necessary, I can provide any other documents that the court may require, or in other words I am fully ready to try and provide any additional details, or disclosures, that the court may require. I do need the emergency TRO, and I would also like my family to testify against these abuses, and how they affect me. I want a hearing so my family can testify of how we were locked in a cold storage as children by my step father, and of how this affects me daily, in my performance and execution of my rights. This is in every way unacceptable, and I will not cease to document, complain, and do everything in my power to secure justice, and my civil liberties from being molested or compromised by evil-disposed and conspiring, clerks. The whole agitating me until she feels she has enough "executive power" to press a button, while literally harassing me every 30-45 seconds while I fill out paperwork; and giggling, 27 scoffing at me when I tell her to stop harassing me, and giggling to the other clerk about when she gets to 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 25  Case ^c3 Document 5 Filed 11/12/24 @ 26 of 39   press the button, this is all so sick, disgusting and unacceptable, that yes even if it's a 5 minute conspiracy they still combined, to intimidate, threaten and harass me. I need this to feel safe, and secure about filing and preparing documents. They, both clerks, need to be put on administrative leave, rebuked and retrained, and swear an oath to uphold the constitution- And possibly be completely relieved of their duties and terminated. These incidents are going into the complaint as a cause of action in ~h V. The ~1, not a matter of if, but when. 14 15 1    V. STATEMENT OF IRREPRABLE HARM Recap of my experience in ~dc since ^am, Attorney dissolved my ~m for ~3 and removed my case to ~dc; these injuries and irreparable harms have been suffered, QUICK RECAP OF MY EXPERIENCE IN ~dc SINCE ~4 HEARING WAS COMPLETELY IGNORE, DISREGAURDED, ETC, I've been- 1. Locked in the clerk office with security guards surrounding the area and threatened, badgered, bullied and harassed by the clerk. 17 18 2. Denied every opportunity for a hearing in 9 months, nearly a year. 3. Lost 9 months-year statute of limitations because court does nothing. 19 20 21 22 4. Rights, abridged, molested, beaten and destroyed, and appeal hearings completely dissolved. 5. Missed cariology appointment because I'm forced to choose between my inalienable rights and, actions I need to take to preserve my rights, and forced to choose between that or my health. 23 6. Suffered two hypertensive crises, see 1. In this list, see @ 10 of this document. 24 7. among many things I do not presently have time to list.   8. Compelled to reveal in now 3 cases, that I suffer from ACES (Adverse Childhood Experiences), that I was sexually abused as a child, beaten and locked in a cold-storage, and produce documents of the PTSD suffered from that because my sword word in affidavit, and complaint isn't enough for the Court to draw reasonable inference, or allow me any hearings. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 26  1 2 Case ^c3 Document 5 Filed 11/12/24 @ 27 of 39       1. Ongoing e~mal, and physical stress, due to undue burdens placed upon me, and the adversarial position the court has taken when I am the injured party and I am applying for Judicial Relief. But it appears nobody has ready anything on the docket, and we've just been beaten to death procedurally by the Clerks and Judges. Court must accept the allegations as true); Scheuer v. Rhodes, 416 U.S. 232, 236 (1974) (court must construe the complaint in the light most favorable to the ^p). Pro se pleadings are held to a less stringent standard than those drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972). 2. Each day I feel intimidated, or anxious to enter that building to pursue my 5th amendment right to due process and application to judicial relief, each day that I feel intimidated and fearful to enter that building is another day of irreparable harm, which I have felt everyday and I will feel everyday, until I know that I have taken all the appropriate action to prevent this from ever happening again, to prevent myself from ever being locked into the clerks office with a wild and unhinged employee who thinks she can badger, harass, and ultimately threaten and intimidate the public, in the execution of their civil liberties; from the moment it happened to each day that I am filing (which I have now a massive amount of filings pending) each day experiencing this is irreparable harm. 3. This harm is irreparable because it not only threatens my civil liberties but it also threatens my health, due to the clerks threats, and harassment. Having me locked into the clerks office surrounded by security guards, because she provoked me from a urgent tone of voice, to an assertive tone of voice- which provocation was purposeful as she badgered and harassed me almost every 30-45 seconds in the midst of filing paperwork- and kept joking and laughing about pressing the button with the other clerk [assuming the Spanish lady]. This is a serious and irreparable harm already, irreparable harm has already occurred due to the now two ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 27  Case ^c3 Document 5 Filed 11/12/24 @ 28 of 39   weeks almost three weeks of ongoing stress, initially created by these clerks, but now my health concerns are exacerbated by this stress, and I have already missed a cardiology appointment because of the stress related to why I was last minute filing in the first place. 4 5 6     Again it should be noted, I HAVE BEEN WORKING EVERY DAY, STAYING UP LATE, LOSING SLEEP, PUSHING THROUGH MY DISABILITIES, TRYING TO COMPLETE NECESSARY PAPERWORK AND TASKS TO SECURE MY RIGHTS, MUCH OF THIS PAPERWORK AND TASKS INCLUDING THIS NEW COMPLAINT AND CASE IN WHICH I AM FILING THIS TRO—THIS IS ALL AN UNDUE BURDEN AND A STRESS AND IRREPRABLE HARM IN MY LIFE, BUT A NECESSARY ACTION ΤΟ TAKE WHEN WE HAVE CLERKS BEHAVING LIKE THIS AND JUDGES CREATING ILLEGAL ORDERS. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 28    Case ^c3 Document 5 Filed 11/12/24 @ 29 of 39 VI. DECLARATION OF FAMILY MEMBERS IN SUPPORT OF TRO DECLARATION OF ^l ^p'S SISTER 8 9 5 6 7 I, ^l, am writing this written statement on behalf of my brother Andrew G ~h. Growing up I ^l along with my brother Andrew ~h and sister Tara ~h experienced extreme child abuse neglect and trauma. Some of these punishments included being whipped with a belt, wooden spoon or extension cord. Being hogtied with duct tape with our hands and feet bound together while being whipped and told now try and get away. And last but not the 10 least being locked inside the cold storage under the house. Due to this abuse my brother 11 12 and I as well as my sister developed C-PTSD, anxiety and depression. This has made life extremely hard for my brother Andrew to function and live a normal daily life. Now to express my deep 13 14 concern. Your clerk who has a duty to serve the public with respect and patience and not come to a bias about a persons disability. She failed to do her job to the best of her ability. My brother has 15 the right to be served with dignity and respect regardless of the clerk own personal opinions and bias. 16 She decided to abuse her power and exploit the court to execute her own agenda at the time. 17 18 She was being bias argumentative and refusing to deescalate the situation even when told that he has C- PTSD and CHF. She then brings in security to back him into a corner and locking the door 19 leaving him with no room to escape the situation. This caused him extreme e~mal distress and 20 pressure on his already weak heart. She could have caused a heart attack or stroke due to her 21 behavior. I would like the court to take all this into consideration that a clerk who thinks and moves like 22 her. Has no business working with the public if they cannot control or contain their own 23 personal opinions and biases. Also she should not have any interaction or discussion with him moving 24 forward.   Sincerely, ^l ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 29    Case ^c3 Document 5 Filed 11/12/24 @ 30 of 39 DECLARATION OF ^l ^p'S SISTER ORIGINAL EMAIL 4 5 6 I ^l am writing this written stalement on behalf of my brother Andrew G ~h. Growing up I ^l along with my brother Andrew ~h and sister Tara ~h expierenced extreme child abuse neglect and trauma. Some of these punishments included being whipped with a belt, wooden spoon or extension cord. Being hogtied with duct tape with our hands and feet bound together while being whipped and told now try and get away. And last but not the least being locked inside the cold storage under the house. Due to this abuse my brother and i as well as my sister developed C-PTSD, anxiety and depression. This has made life extremely hard for my brother Andrew to function and live a normal daily life. Now to express my deep concern. Your clerk who has a duty to serve the public with respect and patience and not come to a bias about a persons disability. She failed to do her job to the best of her ability. My brother has the right to be served with dignity and respect regardless of the clerk own personal opinions and bias. She decided to abuse her power and exploit the court to execute her own agenda at the time. She was being bias argumentative and refusing to deescalate the situation even when told that he has C-PTSD and CHF. She then brings in security to back him into a corner and locking the door leaving him with no room to escape the situation. This caused him extreme e~mal distress and pressure on his already weak heart. She could have caused a heart attack or stroke due to her behavior."
   },
   {
     "id": 4,
     "text": "I would like the court to take all this into consideration that a clerk who thinks and moves like her. Has no business working with the public if they cannot control or contain their own personal opinions and biases. Also she should not have any interaction or discussion with him moving forward. 7 Sincerely, ^l   11 DECLARATION OF CHERYL DOUGLAS, MOTHER TO ^p 12 Honorable Judge, 13 14 15 Andrew has been bright, inquisive, and quickly caught things onto things as a child. But at around age 16 six years old he would experience the hardest years as a child. I married my second husband, and we had 17 a blended family with his oldest child, [REDACTED] 18 19 His stepfather had been sober for about six to nine months and then relapsed. I had a three-year- 20 21 22 old and a six-month-old child. I quickly found out that the [REDACTED] things to my children that were cruel and physically abusive, and Andrew received the worst of this behavior. [REDACTED [REDACTED] I don't know all the grotesque details, but I also found out Scott would put the kids into a cold storage. 23 24 25 I later found out that my kids would be put in this under the cold storage when they were being punished 26 by their stepfather. They would be locked in there for hours. My oldest daughter came up with the idea 27 28 to bring a butter knife for them to escape this storage. Needless to say, my son suffers from PTSD from [REDACTED] under my husband's care. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 30  Case ^c3 Document 5 Filed 11/12/24 @ 31 of 39 1 2 While I was out of the home working. My son described to me an incident a couple of weeks ago, in which the doors were locked behind him at the Federal Building Court Clerk's Office. Instead       of being helpful to my son. Who suffers from Congested Heart Failure. The Clerks added more pain and suffering in already delicate matters. He arrives late at the Federal Court Clerk's Office because he is suffering from heart failure. But instead of service, that is an entitlement to every citizen. Your clerks try to rush him through this paperwork. I currently work in the field of service. I have to exercise the utmost patience with the high-risk people that I serve. I have to not show my face of frustration and impatience because this could make the difference between the person being served becoming elevated or agitated. They come from all walks of life. I have to exercise a lot of restraint to be able to help the person with what they need, what they want, and what I may not be able to help with that day. I would hope the Federal Court Clerks would have 14 15 some type of de-escalation training or have some sense a person is in crisis and they may be causing undue hardship to someone facing these types of diagnoses. Instead of trapping him in your quarters and 16 causing his heart to be elevated and cause him to panic. I hope that future action from the Federal 17 18 19 Court Clerk's office exercises more professionalism and due care to my son and others who may have to approach them to file their specific case at the Federal Court house. 20 21 Sincerely, 22 Cheryl Douglas 23   ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 31    7 Case ^c3 Document 5 Filed 11/12/24 @ 32 of 39 VII. ~m FOR TRO Federal Rules of Civil Procedure Rule 65(b) - Temporary Restraining Orders Your Honor, I am requesting an immediate issuance of a Temporary Restraining Order (TRO) due to the continuous and egregious harassment, intimidation, and discriminatory actions by court clerks, which have directly impacted my health and ability to exercise my legal rights. 8 9 BASED ON ALL THE DOCUMENTS IN THE DOCKETS, AND THIS AND ANY WRITTEN OR ORAL ARGUMENTS THAT CAN BE PROVIDED, I AM ~mING 10 FOR THIS TRO AGAINST CLERK 'SHELLY OR KELLY' 11 AND WHICHEVER CLERK WAS PRESENT ON- 12 13 Friday November 1rst, 2024 3:50 pm approximately, Who the clerk was combining with to exercise undue, and unrighteous dominion over me, resulting in life threatening elevations 14 15 of my blood pressure, and causing me much e~mal distress, and anguish on top of the deadlines and actions I am currently trying to effectuate and fulfill. 16 17   Background: [see entire document, especially I.V. incident report] I have faced ongoing harassment by court clerks "Shelly" or "Kelly," which has exacerbated my Congestive Heart Failure (CHF) and PTSD, causing severe health complications. Despite informing them of my conditions, their actions persisted, resulting in a hypertensive crisis and other serious health issues. Additionally, there have been significant procedural abuses in my cases, which further highlight the need for immediate judicial intervention. NEXT @ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 32  Case ^c3 Document 5 Filed 11/12/24 @ 33 of 39 1 Elements of TRO under FRCP 65(b): 2 1. Immediate and Irreparable Injury: 3 • 4 5 6 • 7 8 • 9 The clerks' harassment has led to my hypertensive crisis, with blood pressure readings consistently above 200, chest pains, and labored breathing. Past medical attention confirms that the stress caused by these incidents is life-threatening. Case Law: Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008) supports the necessity of demonstrating that irreparable harm is likely in the absence of an injunction. This ongoing threat to my health constitutes immediate and irreparable injury, justifying the need for this TRO. 10 11 2. Likelihood of Success on the Merits: 12 13 • My claims are supported by concrete evidence, including documented medical records, affidavits, and recorded admissions by Amazon in ~h v. Amazon - Case No.: 2:24-CV- 14 00729-TLN-SCR. 15 • Case Law: Glossip v. Gross, 135 S. Ct. 2726 (2015), emphasizes the need for a showing of 16 17 •   • 22 likelihood of success on the merits. The documented harassment, procedural abuses, and medical consequences establish a strong likelihood of success on the merits of my claims. 3. Balance of Harms: The harm I face from continued harassment and intimidation significantly outweighs any potential inconvenience to the clerks if the TRO is granted. The clerks' actions have caused 23 severe health issues and disrupted my ability to pursue legal remedies. 24 • Case Law: Amoco Production Co. v. Gambell, 480 U.S. 531 (1987), highlights the importance of balancing harms between the parties. 25 26 • 27 28 Granting the TRO will prevent further harm to my health and ensure the fair administration of justice. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 33  Case ^c3 Document 5 Filed 11/12/24 @ 34 of 39 1 2 4. Public Interest: 3 •   • 8 • 9 10 11 12 • 13 Issuing the TRO serves the public interest by upholding the rights of individuals to access the courts without fear of harassment or discrimination. It also reinforces the integrity and accountability of judicial processes. Case Law: Sierra Club v. U.S. Army Corps of Engineers, 990 F. Supp. 2d 9 (D.D.C. 2013), supports the consideration of public interest in granting injunctive relief. Ensuring that court procedures are fair and just for all litigants, especially those who are pro se, disabled, or in forma pauperis (IFP), serves the public interest. 5. Security: Given my financial status and the nature of the harm involved, I request a waiver of the security requirement. Courts often waive security for individuals proceeding IFP. 14 • 15 Case Law: Molina v. Romero, No. 19-50617 (5th Cir. 2020), recognizes the court's discretion to waive security for IFP litigants. 16 • Federal Rule: 28 U.S. Code § 1915 - Proceedings In Forma Pauperis (IFP) 17   Text of the statute: (a) (1) Subject to subsection (b), any court of the ~2 may authorize the commencement, prosecution, or defense of any suit, action, or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such person possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense, or appeal and affiant's belief that the person is entitled to redress. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 34    11 Case ^c3 Document 5 Filed 11/12/24 @ 35 of 39 BRIEF CASE SYNOPSIS FOR EACH CASE IM INVOLED IN WHICH THE TWO CROSS- CLAIMED HAVE NOT RECEIVED EVEN ONE SINGLE HEARING AND WORSE THE DISOLUTION OF ~3 WHICH HEARING WAS VACATED IN ~dc AND SWALLOWED INTO AN ABYSS, DISSOLVED IN STATE BY REMOVAL ALSO. 12 13     25 26 1. ~h V. AMAZON - Case No.: ^c1 I was harassed and stalked by Amazon Employees for 7 months. On a recorded line Amazon confessed, [I have the recording documented, as does Amazon], as a result of a behavioral investigation, they had found employees responsible for this conduct. November 17th. After 14 days of intense chest pains and shortness of breath because of these events, I was hospitalized on Nov 20th 2023, and diagnosed with Congestive Heart Failure, Broken Heart Syndrome, Takotsubo Cardiomyopathy. 5% experience permanent heart failure. I am currently in that category.' My disputes began on November 8th with Amazon, when employees that had already been harassing me for 7 months [documented and complained of] maliciously targeted me to interrupt certain Amazon Services, as well as the overall struggle of trying to tell Amazon over and over what was happening, while retail employees from all around the world would hang up the phone because they didn't know how to handle or escalate my needs, causing me to repeat the story of the abuse over and over and over again, until they finally launched the behavioral investigation. 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 35  Case ^c3 Document 5 Filed 11/12/24 @ 36 of 39 1 2 I was hospitalized Nov 20th 2023, after 12 days of intense e~mal distress due to the threats and the loss of business, and intellectual properties. 3 4 ~h, Andrew G KAISER PERMANENTE. MRN: 110013574001 5 Sex: M SSN: xxx-xx-8165 6 Patient (continued) 7 Problem List (continued) as of 11/8/2024 8 Acute exacerbation of CHF 11/21/2023 Yes Acti (congestive heart failure) 9 Hypertensive urgency 11/21/2023 Acute pulmonary embolism 11/21/2023 Yes Acti Acti Received from Renown Health on 11/20/2023 0708 10     21 22 2. DOUGLAS/~h V. EZRALOW - Case No.: 2:24-CV-00331 KJM-CKD In June 2022, me and my mother moved to Sacramento CA, into Montebello Apartments. I witnessed a [documented]shooting on the property, after a few months after we moved in. I was first to report this shooting to the office. Additionally, shortly after we moved in, a family moved in above us; and for 14 months our quiet enjoyment was destroyed. We were trapped in a situation of being exposed to domestic violence, while EZRALOW [all ^dfs] denied us 3 times to negotiate our rent, and denied us from moving into a 3 bedroom to escape the violence and stress. EZRALOW confessed and conceded by evicting the family who committed the domestic violence. We were trapped in that situation for 14 months, because they denied negotiations, 4 times [documented]. 23 24 25 Minimally we succeed on the merits of 14 months of quiet enjoyment being breached, because Civil Code - CIV 1927. Implied Covenant of Quiet Enjoyment 26 27 'An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same.' 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 36        Case ^c3 Document 5 Filed 11/12/24 @ 37 of 39 In simpler terms, this means that every rental agreement in California includes an implied covenant of quiet enjoyment. This covenant ensures that tenants have the right to use and enjoy their rented property without substantial interference from the landlord or other parties. In evicting the nuisance party, our whole building, our small neighborhood was relieved from this constant terrorism, but the eviction itself acknowledges guild and admission from the property management, we had all been subjected to this breach of our quiet enjoyment. 3. ~h V. THE ~2; Case No. ^c3 Judge CKD in Douglas V. Ezralow has engaged in terrible behavior, it is most cruel, sickening and disgusting; the docket is filled with examples of discrimination against Pro Se litigants, and the overall uprooting and destruction of our rights, when she removed our appeal hearing completely (it was scheduled before any defense had appeared) docket actions themselves confess of guilt, this TRO, the breakdown of the partiality, bias and discrimination against disabled, pro se, IFP litigants is manifest in both cases, and likely to manifest itself in ~h V. The ~1 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 37    Case ^c3 Document 5 Filed 11/12/24 @ 38 of 39 VIII. DENIAL OF NOTICE – FRIDAY NOVEMBER 8TH, 2024 AND ATTEMPT TO NOTICE 11/12/2024     Attempt was made to notice the Clerks and File but due to the difficulties imposed upon myself, in now having to actually be in an adversarial position with the Court, Clerks, and Judges, I am compelled to have to appeal 4-5 orders from the Case Douglas V. Ezralow, as well as ~m to Recuse ^mj Carolyn K. Delaney Among other documents that are pending and MUST BE FILED- Due to this we were arriving late and made a call to the clerks office to tell them to wait to be noticed of the TRO, I spoke first with someone identifying themselves as "Valerie" [November 8th 2024 at 3:55 PM] which in attempting to explain to her that we needed to notice the clerks of the TRO she hung up the phone. I called again and spoke with the Spanish lady, and told her we needed her to stay open, so we could notice the TRO-she was combative and didn't listen and they closed and locked the doors even though My Sister ^l, arrived at basically 4pm to 4:03pm to find the clerks office closed. We are filing and Noticing today, at approximately 330PM PST 11/12/2024   ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 38  1 2 Case ^c3 Document 5 Filed 11/12/24 @ 39 of 39 IX. NOTICE OF PREPARATION OF WRIT OF CERTIORARI   In conjunction with the my pending amendment of the complaint, and the filing of my opposition to the recommendations an findings [see docket item document 4: FINDINGS and RECOMMENDATIONS signed by ^mj Allison Claire on 11/1/2024] (Note: the Writ of Certiorari is NOT being initiated because of docket item 4, quite the opposite as I am very pleased to respond to the recommendations and findings, and provide amended punctuation, and clarification to things stated in the complaint, as this complaint was filed in haste and under much stress, mostly dictated by the speech to text function within Microsoft Word)   The Writ of Certiorari is being initiated as a consequence to the actions that caused the 11 need for this TRO, as a consequence, to perpetual abuses, perpetual discrimination, (against in pauper, 12 pro se, disabled, litigants) perpetual intimidation, perpetual violations of civil liberties, personal injury to 13 14 my e~mal and mental state, for the causing of much undue stress, illness, physical and e~mal harm, to myself and my family-   19 20   25 26 I am therefore obligated and compelled to appeal to The Supreme Court of the ~2, circumventing appeals through the Ninth District, as a result of the constant barrage of abuse from this court, the ~dc, ~ed. This will be filed and served, ideally and tentatively by Friday November 15th, 2024. In more simple or rudimentary terms, I am suffocating right now trying to find one single speck of a right that I have in this court, the ~dc, ~ed. The clerks expressing this attitude that I don't have any rights to file, or schedule a hearing, judges vacating and disintegrating properly initiated hearings by sleight of hand, among many other things that are abundantly documented, and witnessed upon and by review— of the associated dockets, referenced in the Complaint, and Cross-Claims associated with this case. 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 39  1 2 Case ^c3 Document 5-1 Filed 11/12/24 @ 1 of 3 ^a ~pa, 95827 (916)-365-5434 ^e 3 ^a, IN PRO PER   ^c6 Case No.: ^c3   ^a, 11 ^p, 12 V. 13 14     ~1 ^dfs. PROPOSED ORDER: ~m FOR EMERGENCY TRO OR RESTRAINING ORDER DUE TO CLERKS AGGRESSIVE HARASSMENT - CAUSING HYPERTENSIVE CRISIS, UNDUE STRESS, AND EXACERBATING HEART FAILURESTATUS CROSS-CLAIM Case No.: ^c1 ~h V. ^am CROSS-CLAIM Case No.: 2:24-CV-00331 KJM-CKD Douglas V. The Ezralow Company LLC, et. al ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 40  Case ^c3 Document 5-1 Filed 11/12/24 @ 2 of 3 1 ^c6 2 ^a, ^p, 3 V. 4 ~1, ^df. 5 Case No.: ^c3 6 [Case Numbers for Cross-Claims] 7 PROPOSED ORDER FOR TEMPORARY RESTRAINING ORDER 8 THIS MATTER came before the Court on ^p ^a's ~m for a 9 Temporary Restraining Order (TRO). Upon consideration of the ~m, supporting documents, affidavits, and ^xs, and for good cause shown, the Court FINDS as follows:     1. Immediate and Irreparable Injury: ^p has demonstrated that he will suffer immediate and irreparable injury, loss, or damage in the absence of a TRO, due to the ongoing harassment and intimidation by court clerks, which have exacerbated his serious medical conditions. 2. Likelihood of Success on the Merits: ^p has provided sufficient evidence to establish a likelihood of success on the merits of his claims. 3. Balance of Harms: The harm to ^p if the TRO is not granted outweighs any potential harm to the ^dfs. 4. Public Interest: The issuance of the TRO serves the public interest by ensuring that individuals can access the courts without fear of harassment, intimidation, or discrimination. THEREFORE, ~o THAT: 1. The ^dfs and their agents, employees, and representatives, including but not limited to court clerks “Shelly” or “Kelly” and any involved supervisors, are immediately restrained and enjoined from engaging in any form of harassment, intimidation, or discriminatory behavior towards ^p. 2. The ^dfs are to take immediate steps to ensure that ^p can access the court and file documents without fear of harassment or intimidation. This includes ensuring that no 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 41  Case ^c3 Document 5-1 Filed 11/12/24 @ 3 of 3   5 4. A hearing on this matter is scheduled for 6 unnecessary security measures are taken against him unless there is a legitimate and documented security concern. 3. The clerks "Shelly” or “Kelly” involved in the incidents are to be placed on administrative leave pending further investigation into their conduct. at which time the Court will consider whether to extend this TRO and address any additional relief requested by ^p. 7 8 5. ^p is not required to provide security for the issuance of this TRO due to his in forma pauperis status and the nature of the harm involved. 9 SO ORDERED this DATE 10 ~2 District Judge OR ^mj   14     ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 42  NOTE: ~2 ~dc Case 2:24-cv-0298~ed 12/24 @ 1 of 2 TEMPORARY RESTRAINING ORDER (TRO) CHECKLIST When filing a ~m for a TRO with the court, you must choose ~m for TRO. You must complete this document and attach it to your ~m as an attachment in CM/ECF. If you have questions, please call the CM/ECF Help Desk at 1-866-884-5525 (Sacramento) or 1-866-884-5444 (Fresno). (A) Check one. Filing party is represented by counsel (B) Filing party is acting in pro se Has there been actual notice, or a sufficient showing of efforts to provide notice to the affected party? See Local Rule 231 and FRCP 65(b). notice of ~m served and filed 11/8/2024 Did applicant discuss alternatives to a TRO hearing? there are no alternatives, this affects my health and safety and the due process of my rights being enforced and effectuated by the ~dc, ~ed Did applicant ask opponent to stipulate to a TRO? she doesn't have a choice, unknown name of clerk and the one she conspired with, had me locked into the clerks office, surrounded by the security, to intimidate me and have caused me to have a hypertensive crisis, and i am at risk for heart attack and stroke because she wanted to badge, berate, harrass and ultimately instill fear, because she was mad she had to stay 5 minutes over. Opposing Party: unknown name but this packet delivered 11/8/2024 Telephone No.: (916) 930-4000 choose clerk option (C) Has there been undue delay in bringing a TRO? i dont understand the question; but-- the actions of the court, and the stress it has caused me, and the actions of the clerk have had me having chest pains, fear for my safety and my family, nausea, headaches, lightheaded, diziness, i missed one cardiology appointment, all of this because the clerks want to harass and intimidate me from excercising my rights. Could this have been brought earlier? Yes: No:  TRO Checklis Pa@:24-cv-02988-DJC-AC Document 5-2 Filed 11/12/24 @ 2 of 2 (D) What is the irreparable injury? the ~m and complaint, show that I have a disability, (CHF) and that the undue stress caused by the clerk has caused me to have a hypertensive crisis, it is excacerbating my CHF, and I am frightened and in fear that because they had me trapped in the clerks office surrounded by the security that they are attempting to intimidate me not use the services, I AM AT RISK FOR HEART ATTACK AND STROKE Why the need for an expedited hearing? I am at risk for heart attack of stroke, I desperately need relief from the stress that this has caused, i am literally sick and my rights my family and all the stress that this has caused, is risking putting me in the hospital and worse I could literally stroke out as I've been having temprorary black outs (dizziness), losing hearing in my ear, ringing, headaches, nausea, chest pains, labored breathing. (E) Documents to be filed and (unless impossible) served on affected parties/counsel: (1) Complaint (2) ~m for TRO (3) Brief on all legal issued presented by the ~m (4) Affidavit detailing notice, or efforts to effect notice, or showing why it should not be given (5) Affidavit in support of existence of irreparable harm (6) Proposed order with provision for bond (7) (8) Proposed order with blanks for fixing: Time and date of hearing for ~m for ~3 Date for filing responsive papers Amount of bond, if any Date and hour of issuance For TROs requested ex parte, proposed order shall notify affected parties they can apply to the court for modification/dissolution on 2 days notice or such shorter notice as the court may allow. See Local Rule 231 and FRCP 65(b)  ### MINUTE ORDER ### Full docket text for document 5: [STRICKEN pursuant to [7] Minute Order] ~m for TEMPORARY RESTRAINING ORDER by ^a. (Attachments: # (1) Proposed Order, # (2) TRO checklist) (Mena-Sanchez, L) Modified on 11/14/2024 (Court, JD).  Case ^c3 Document 6 Filed 11/13/24 @ 1 of 55 1 ^a P.O. BOX 278004 2 SACRAMENTO CA, 95827 (916)-365-5434 3 ^e 4 ^a, IN PRO PER   12 13 14 FILED NOV 13 2024 CLERK, ~d ISTRICAF 3 BY ~2 ~dc DEPUTY CLERK ~ed ^a, ^p, V. ~1 Case No.: ^c3 ~m FOR EMERGENCY TRO OR RESTRAINING ORDER DUE TO CLERKS AGGRESSIVE HARASSMENT CAUSING HYPERTENSIVE CRISIS, UNDUE STRESS, AND EXACERBATING HEART FAILURE I. ~toc & TRO NOTICE 15 ^dfs. II. DIAGNOSES OF CHF, PTSD, VET STATUS III. TABLE OF AUTHORITIES 16 17 18 19 20 CROSS-CLAIM Case No.: ^c1 ~h V. ^am CROSS-CLAIM Case No.: 2:24-CV-00331 KJM-CKD IV. MEMORANDUM - INCIDENT REPORT & DECLARATION OF EMERGENCY V. STATEMENT OF IRREPRABLE HARM VI. DECLARATIONS OF FAMILY VII. ~m FOR TRO VIII. CLERKS OBSTRUCT SERVICE OF NOTICE AND FILING OF TRO 11/8/24 IX. CLERKS OBSTRUCT SERVICE OF NOTICE AND FILING OF TRO 11/12/24 Χ. 21 Douglas V. The Ezralow Company LLC, et. al XI. XII. NOTICE OF CERTIORARI PROPOSED ORDER DISABILITY ACCOMODATION REQUEST 22 23   "GOVERNMENTS ARE INSTITUTED AMONG MEN, DERIVING THEIR JUST POWERS [AND ONLY JUST POWERS, NO OTHER POWER] FROM THE CONSENT OF THE GOVERNED" I. NOTICE OF TRO TO THE TWO CLERKS IN THE INCIDENT Rule 65: Injunctions and Restraining Orders (b) Temporary Restraining Order. Government Liability for Failure to Perform Mandatory Duty. Government Code section 815.6. California Code of Civil Procedure § 527.6: This statute allows individuals to seek restraining orders against harassment. Declaration of Independence ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 1  1 2 Case ^c3 Document 6 Filed 11/13/24 @ 2 of 55 II. CHF & PTSD, DISABILITY ^xS   Below are some snapshots of medical records and different Diagnoses, relevant to my PTSD, and Congestive Heart Failure. Which upon warning the Clerk 'Shelly, Kelly or' [The main instigator of the two clerks working there Friday November 1rst, 2024 3:50 pm approximately] Snapshot from last November 21, 2023, Coincidentally, after suffering from stress related heart attacks, [id Amazon Docket] Dr. Performing Echo Cardiogram informed me of the possibility of 'Broken Heart Syndrome, Takotsubo Cardiomyopathy' [id amazon docket decl 11-12]   11 12 KAISER PERMANENTE. Problem List (continued) as of 11/8/2024 ~h, Andrew G MRN: Sex: M SSN: xxx-xx- Patient (continued) Acute exacerbation of CHF 11/21/2023 Yes Acti 13 (congestive heart failure) Hypertensive urgency 11/21/2023 14 Acute pulmonary embolism 11/21/2023 Yes Acti Acti Received from Renown Health on 11/20/2023 0708   There is not one treatment used for everyone with takotsubo syndrome, but in most cases it does improve and get better. In rarer cases your heart might permanently change shape and symptoms might not completely go away. About 1 in 10 people who've had takotsubo syndrome develop it again after they've recovered. 18 19 Broken heart syndrome may cause permanent damage Jun 19, 2017-As reported in the Journal of the American Society of Echocardiography, Dawson and colleagues found. N News-Medical 20 21 22 British Heart Foundation https://www.bhf.org.uk information and support Takotsubo Cardiomyopathy - Broken Heart Syndrome - BHF Irrefutably, less stress, and undue burden of stress and anxiety, will directly result in lower blood pressure and allow the heart a greater ability to heal. [id] Under a lot of stress, especially 23 when provoked into contention, frustrations, anger or fear, I experience significant chest pains,   and labored breathing, edema in my legs, and ankles. As a result of the contentious and malicious behavior of the Clerks [see IV. Incident report], and the fear of being in an adversarial situation with the government, this last 2-3 weeks has cause me incredible difficulties; combined with long and arduous hours of writing and research, and trying to 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 2  Case ^c3 Document 6 Filed 11/13/24 @ 3 of 55 1 produce acceptable documents, and diligent records to file, as I have been completely alone in a battle versus these beasts [see all ^dfs @ 1]. 2 3 Sutter Roseville CHF diagnosis, 8/21/24, for which I am still actively being treated for. 4 Diagnosis Date Noted 5 Active Hospital Problems 6 7 Acute exacerbation of CHF (congestive heart failure) (CMS/HCC) [150.9] 11/21/2023 Hypertensive urgency [116.0] 11/21/2023 Acute pulmonary embolism (CMS/HCC) [126.99] 11/21/2023 8 Resolved Hospital Problems 9 No resolved problems to display. 10 PROCEDURES: 11 None 12 IMAGING PERFORMED: 13 Please see results in epic 14 PENDING STUDIES: 15 None 16 REASON FOR ADMISSION: 17 Patient presents with: 18 19 20   25 26 Breathing problem: Dx with CHF at AMA from Kaiser yesterday and wants an echo HOSPITAL COURSE: Andrew ~h is a 41 year old male with history of PTSD and anxiety presented with dyspnea. waking up in the middle of the night with shortness of breath symptoms. He attributes this to PT palpitation. He has intermittent chest pain, which reports his dullness without radiation. He does Lovtromity odoma. No foyer Minimal.cough No sputum production, No plouricy. No paucoz.orvel 27 Next @ 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 3    5 Case ^c3 Document 6 Filed 11/13/24 @ 4 of 55 Sutter Roseville Continued Benjamin Campbell, DO - 11/23/2023 4:06 PM PST Formatting of this note is different from the original. Images from the original note were not included. Sutter Medical Group Hospitalists PCP: No PCP 6 FINAL DIAGNOSES:     Active Hospital Problems Diagnosis Date Noted Acute exacerbation of CHF (congestive heart failure) (CMS/HCC) [150.9] 11/21/2023 Hypertensive urgency [116.0] 11/21/2023 Acute pulmonary embolism (CMS/HCC) [126.99] 11/21/2023 Resolved Hospital Problems No resolved problems to display. Normal BNP range is less than 300, mine was 7,040, which can indicate failure of both the heart and the kidneys to some degree. But this was accompanied with Sepsis as well.↓ eGFR 69 \u003E60 See Cmnt B-TYPE NATRIURETIC PEPTIDE (BNP) Result Value Ref Range NT Pro BNP 7,040 (H) \u003C300 pg/mL CBC WITH AUTOMATED DIFFERENTIAL Result Value Ref Range ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 4  Case ^c3 Document 6 Filed 11/13/24 @ 5 of 55   7 8 I missed this cardiology appointment because I was forced to choose to protect my liberties by preparing the lawsuit ~h V. The ~2, and I was responding to Illegal Court Orders, after our appeal was wrongfully removed basically all of section IV. Incident report, and @s 15-21 detail the active battle we have had against Court Orders that deprive us of our Rights, and furthermore to have to be locked in the clerk's office with a rogue employee threatening, harassing me and intimidating me by every means necessary is unacceptable and violates me, my health, my privacy my rights to their very core. Patient Registration - Andrew ~h (294816) 9 Elle Edit View Options help 10 11 szAccess Portal Access (Family): Active (No Log-in Attempt) 12 Document Management 13 Patient Guarantor Patient Appointment Notes 14 01/25/24 Received referral per Guo PA for Consut-DL. 2/6/2024 caled and scheduled and mailed out paperwork/cv 15 3/14/24 # not in service. ALR 3/14/24 Confimad appts. EH 16 17 Additional Insurance Contacta Appointments Paynent Plan Historical Datas Appointment Recal No patient recall history 18 Appointment History 19 Date Tane Doctor Resource 10/25/2024 10:20 AM Fugt MD FACC, Micheel D 20 04/26/2024 11:00 AM 03/15/2024 11:40 AM Fugit MD FACC, Michael D Fugk MD FACC, Michael D Fugit MD FACC, Michael D Fugit MD FACC, Michael D Fugit MD FACC, Michael D Facility Sacramento Heart Main Offica Sacramento Heart Main Office Sacramento Heart Main Office Appoint... Status Pecheck No Show Recheck Checked in Recheck Checked in   25 26 Next @ 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 5  1 2 Case ^c3 Document 6 Filed 11/13/24 @ 6 of 55 I was diagnosed with PTSD at age 7 – and joined the USARMY afterwards, which caused a great deal of challenges for me in my adult life after. I do not like having to expose my privacy like this, but there are clerks actively fighting against my civil liberties, and due process and my rights 3 4 to utilize the judicial system for redress of grievances. 5 6 7 Case ^cc1 Document 7 Filed 03/13/24 @ 5 of 17 8 CLIENT: Andy ~h 9 DATE OF BIRTH: AGE: 7 February 18, 1990 TREATMENT PLAN AP&P OFFICER: DFS CASEWORKER: Ralph Jaggi REFERRAL DATE: 1/18/90 REFERRAL SOURCE: OFS 10 REVIEWED: 4/5/90 11 DSM III-R DIAGNOSTIC IMPRESSIONS: Axis I: 309.89 Post traumatic distress disorder Axis II: V71.09 No diagnosis 12 REASON FOR REFERRAL: Andy was sexually abused by 13 14 2. 15 16 3. To work TREATMENT GOALS: To fully disclose the abuse describing what happened and the negative and positive feelings involved. To realize the responsibility for the abuse belongs to the perpetrator. through feelings such as fear, ar, guilt, helplessness and their symptoms such as nightmares, problema at school and regressive behavior. 17 4. 18 ASSESSMENT OF GOAL ACCOMPLISHMENT: 19 Goal #1 will be accomplished when Andy fully discloses the abuse, particularly his feelings about it. 2. 20 Goal #2 will be accomplished when Andy can place the responsibility for the abuse on 3. 21 on 22 he has learned self-protection skills; when Andy places the responsibility for the abuse longer feels guilty; and when Andy foeis empowered because he has learned effective ways to deal with his problems and feelings. Goal $3 will be accomplished when Andy is no longer fearful of 23 4. Goal #4 will be accomplished when Andy can define   Janet A Cinderson Janet Anderson, M.S. THERAPIST C.Y. ROB Ph.D. CLINICAL DEYOUALDAIET ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 6  Case ^c3 Document 6 Filed 11/13/24 @ 7 of 55 1 2 Copy of my graduation certificate from Basic Combat Training, I'm not going to put my DD-214s into the court records currently, due to their sensitive nature, but suffice it to say that this       manifests my service in the military, after I was diagnosed, and one can draw reasonable inference as to the stress that impacted my life.↓ DEPARTMENT OF THE ARMY CERTIFICATE OF TRAINING Is Awarded to Andrew G.~h For Sucnessfolly Completing Basic Combat Training DELTA COMPA Given at Fort Benning, Georgla ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 7    11 Case ^c3 Document 6 Filed 11/13/24 @ 8 of 55 III. TABLE OF AUTHORITIES Reasonable inferences should be drawn from these references to support and uphold arguments in this document. Federal Statutes- THIS TRO IS BASED ON THE FOLLOWING LEGAL AUTHORITIES WHICH WILL ALSO BE USED IN THE SUBESQUENT LEGAL ACTIONS AMENDED INTO COMPLAINT [~h V. The ~1]: 1. Title VII of the Civil Rights Act of 1964: This title prohibits harassment based on race, color, religion, sex, or national origin and provides a basis for seeking a TRO in cases of severe harassment. 12 13     25 26 2. Federal Rules of Civil Procedure (FRCP) Rule 65(b): This rule allows the court to issue a TRO without notice to the adverse party only if specific facts in an affidavit or verified complaint clearly show that immediate and irreparable injury, loss, or damage will result before the adverse party can be heard in opposition. 3. 18 U.S. Code § 1514: This statute allows a U.S. ~dc to issue a Temporary Restraining Order (TRO) prohibiting harassment of a victim or witness in a federal civil case if the court finds reasonable grounds to believe that harassment exists or that the order is necessary to prevent and restrain an offense under section 1512 or 1513. 4. 5 CFR § 2635.101: This statute outlines the basic obligations of public service, emphasizing that employees must place loyalty to the Constitution, laws, and ethical principles above private gain. It also states that employees must act impartially and not give preferential treatment to any private organization or individual. 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 8    11 12 Case ^c3 Document 6 Filed 11/13/24 @ 9 of 55 5. 5 U.S.C. Chapter 75: This chapter covers adverse actions against federal employees, including removal, suspension, reduction in grade or pay, and furloughs. It provides a framework for addressing misconduct and performance issues 6. 13 U.S.C. Chapter 7: This chapter outlines offenses and penalties for federal employees, including fines for neglecting or refusing to perform their duties without justifiable cause. 7. 8 U.S.C. § 1915 (a)(1) Subject to subsection (f), any court of the ~2 may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such person possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense or appeal and affiant's belief that the person is entitled to redress. 13 14 8. Federal Rule: 28 U.S. Code § 1915 - Proceedings In Forma Pauperis (IFP)   19 20 Text of the statute: (a) (1) Subject to subsection (b), any court of the ~2 may authorize the commencement, prosecution, or defense of any suit, action, or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such person possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense, or appeal and affiant's belief that the person is entitled to redress. 21 22 CALIFORNIA STATE STATUTES: 23 24 1. Government Code section 815.6 Government Liability for Failure to Perform Mandatory Duty. 25 26 27 2. California Code of Civil Procedure § 527.6: This statute allows individuals to seek restraining orders against harassment. 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 9  Case ^c3 Document 6 Filed 11/13/24 @ 10 of 55       3. California Government Code § 820.2: This statute provides immunity to public employees for discretionary acts but not for acts of gross negligence or willful misconduct. 4. Civil Code – CIV 1927. Implied Covenant of Quiet Enjoyment 'An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same.' In simpler terms, this means that every rental agreement in California includes an implied covenant of quiet enjoyment. This covenant ensures that tenants have the right to use and enjoy their rented property without substantial interference from the landlord or other parties. Applicable Case Law: Haines v. Kerner, 404 U.S. 519 (1972): The Supreme Court held that the allegations of a pro se complaint are to be held to less stringent standards than formal pleadings drafted by lawyers. The Court emphasized that pro se litigants' complaints should be liberally construed. Erickson v. Pardus, 551 U.S. 89 (2007), the Supreme Court emphasized that a pro se complaint should be held to less stringent standards than formal pleadings drafted by lawyers. The Court stated that a pro se complaint, "however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers"1. This means that courts should draw all reasonable inferences in favor of the ^p when reviewing a pro se complaint. The case involved William Erickson, who filed a lawsuit against prison officials, alleging that they violated his Eighth Amendment rights by demonstrating deliberate indifference to his serious medical needs. The Court vacated the lower court's dismissal of Erickson's complaint and remanded the case for further consideration, highlighting the importance of giving pro se litigants the benefit of the doubt when it comes to their pleadings. 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 10        Case ^c3 Document 6 Filed 11/13/24 @ 11 of 55 Streit v. Covington & Crowe (2000). In this case, the California Court of Appeal held that an attorney who makes a special appearance to dispute jurisdiction but then obeys a court order favorable to them can be bound by the jurisdiction of the court1. The court found that by participating in the proceedings, even though a special appearance, the attorney associated themselves with the case and thus submitted to the court's jurisdiction ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 11  Case ^c3 Document 6 Filed 11/13/24 @ 12 of 55 1 IV. MEMORANDUM & EMERGENCY DECLARATION - INCIDENT REPORT 2 3 4 5 INCIDENT LOCATION: Clerks Office, 4th floor, at 501 I St # 4200, Sacramento, CA 95814 Incident Dates--- Wednesday Oct 30th, 2024, Thursday Oct 31rst, 2024, Friday Nov 1rst, 2024 Each of these days between 3:45-4PM PST 6 7 8 9 INCIDENT SYNOPSIS – I Suffered for 3 days, being harassed and her, intimidated by the Clerk "Shelly, Kelly, or" the one with the tattoos on her knuckles, blond and was working Wednesday Oct 30th, 2024, Thursday Oct 31rst, 2024 Friday Nov 1rst, 2024-this clerk not only targeted me for harassment, aggressively instigating a contention after I warned her I had Congestive Heart Failure and 10   14 15 16 to stop harassing me. The continual fear of my rights being molested or me being intimidated by this clerk, in her combination with the other clerk that was present during these dates, causes me undue stress, burdens, and hardships, as I pursue redress of grievances, and to pursue my constitutional rights of due process, through seeking judicial relief, at the ~dc, Easter District of California. [@ 17 of this document, and all of those associated case details, reflect the emergency situation put upon me, by the court to file these things, that's why I was arriving late, staying up late at 17 night, and struggling to keep up with the actions that needed to be taken to preserve my safety, 18 security, and liberty. This document will lead into that, and the implications it had in putting me 19 20 21 in that time and space, where the clerks decided it was important to lock me into the office, badger and harass me, intimidate, threaten me and have the security used as bulldogs to stop me from having to come before closing time to file.] 22 23   INCIDENT REPORT— THREE DAYS of constant harassment and intimidation while trying to file paperwork at the clerk's office, at the ~dc in caption @ 1. Willful acts of discrimination, items listed in [1.] above, causing me to have lapses in memory, blood in my sputum, headaches, fatigue, nightmares, chest pains, and a wide range of other anxieties and injuries, because of this Clerk's actions and Her Boss. 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 12  Case ^c3 Document 6 Filed 11/13/24 @ 13 of 55 1 This hypertensive Crisis has been caused by three main factors 2 3 1) ^mj Carolyn K. Delaney [CKD or Judge CKD] vacating OUR APPEAL HEARING BY SLEIGHT OF HAND, undermining our right to due process and destroying our appeal 4 2) the incessant legal errors of the clerks of this court 3) the clerk 'shelly' or 'kelly' who had me 5 surrounded by the U.S. Marshal or Deputies, or the Federal Agents, had me surrounded by the Security 6     Guards, because my filing to respond to 1 and 2, and having to 3) file a lawsuit against the Government of the ~2; I have been up late night every night, losing sleep, when I barely made it to the clerks window with filings from Wednesday Oct 30th, 2024, Thursday Oct 31rst, 2024 and Finally on Friday Nov 1rst, 2024, While preparing emergency filings from Wednesday Oct 30th, 2024, Thursday Oct 31rst, 2024 and Finally on Friday Nov 1rst, 2024 all precisely last week-I was arriving 10 minutes till 4pm. The court was always open when I arrived, albeit, just before closing. 'Shelly' or 'Kelly' along with another unknown clerk, were profusely angry for having to stay after 5-10 minutes after the clerk's office closed. ‘Clerk Shelly or Kelly' berated, harassed and badgered me at least 5 times on Wednesday Oct 30th, 2024 and again Thursday Oct 31rst, 2024, and finally in combination with an unknown clerk who was present but made great efforts to conceal herself from being seen (I'm assuming it's the Spanish Lady clerk, it's all on video for sure, and perhaps audio if the court preserves that); Friday Nov 1rst, 2024, clerk 'Shelly' or 'Kelly' resumed her typical behavior, except this time more aggressively. Telling me in a loud and intimidating, rude and berating voice, that, to the effect of [these lines] "you have to leave now!” – “hurry and finish that you shouldn't be here!” – “were closed you have to leave now!"-"you're wasting our time!"-"we're 5 minutes over!", "You have to come earlier!", "you can't keep on doing this!", "we're not getting paid for this!" Clerk 'Shelly or Kelly' was Intentionally antagonizing, frustrating, and harassing me, in the process of trying to file, sign, and organize the papers."
   },
   {
     "id": 5,
     "text": "Except this time on Friday, Nov 1rst, 2024 at approximately 3:55pm, Clerk 'Shelly' or 'Kelly' began to interrupt me more aggressively in approximately 30 second to 1 minute intervals, Antagonizing me, belittling me, berating me, harassing me, and I told her "Look I've been staying up every night to finish these filings, and these filings are for ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 13  Case ^c3 Document 6 Filed 11/13/24 @ 14 of 55     my rights, I have to do this to protect myself. I have Congestive Heart Failure, and I could have a Hypertensive Crisis if you keep provoking me into a contention" to which she exclaimed "OH GOD, PLEASE," [scoffingly] while gyrating her neck and flailing her hands. This time when I warned her, not yelling, but assertively told her and warned her I had CHF, she looks around the corner to [unknown clerk] and says, "should I press the button?" This I assumed meant a button to notify security. She repeated the same behavior again, harassing me, interrupting me trying to stimulate me to move faster, and I told her again the same things or to the same Effect, again she looked at the other clerk and said "should I Press the button?", as well as when I told her again that the stress was literally bad for my heart she she exclaimed "OH GOD, PLEASE, WHATEVER” [scoffingly] while gyrating her neck and flailing her hands AGAIN, I told her "this is the 3rd day you've done this, So, I said, "I need to sign this, and redact a few things", and then she would agree mockingly, and then wait approximately 30-45 seconds to berate, harass, and abuse me with the same lines as stated 14 above see [these lines]. So after about the 6th or 7th time I warned her again, “look lady stop trying to   19 20   25 have a contention with me, I'm trying to finish this like I've told you, and you keep interrupting me and I can't concentrate with you harassing me!" The Security Team [4 of which she rang to the office after instigating a scene while her boss [WHO I AM ASSUMING TO BE THE SPANISH LADY] watched her and egged her on, both of them scheming to cause me this stress and anxiety-because I have been arriving before closing house of the Court, to file paperwork, in response to the Negligence of the Court Clerks, and the Discrimination and Depravity of my constitutional rights in regards to both cases captioned. As the Security Team of the ~dc said to me “Yes she made a mistake." Somewhat indicating that they can hear the audio from the clerk's office and monitor the building? I'm assuming that this may be a functionality of this federal building, if so they are also witnesses. [speaking of the blonde clerk who was harassing me] I'm not sure if they have audio footage or just video footage, but eventually we will need all or any audio / video footage, as TRO and associated incidents will be 26 27 amended into the complaint [~h v. USA] as different causes of action. 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 14  Case ^c3 Document 6 Filed 11/13/24 @ 15 of 55   I have been suffering from two week long hypertensive Crisis, I have begun to cough up blood, I have blood in my sputum, and I am experiencing vertigo, dizziness, ringing in my ears, unable to remember things, because of the behavior and actions of this court in the last 14 days plus. I will put this emergency in the science of numbers, I am suffering from blood pressure readings of 200-220 consistently throughout the day. I am suffering from headaches, dizziness, chest 5 6 7 8 pains, and retaining water, even under the use of diuretics; I am experiencing a Hypertensive Crisis, much like the one described in Docket item X - where my cardiologist told me I "can't live like this" and I was at "risk for heart attack and stroke". 9 I AM SEEKING A RESTRAINING ORDER AGAINST THE TWO CLERKS WHO WERE WORKING BETWEEN 3:30 AND 4PM ON THE FOLLOWING DATES: Wednesday Oct 30th 2024, Thursday Oct 31rst 2024, Friday Nov 1rst 2024- 10 11 12 That is (shelly, or Kelly, and her supervisor or whoever was with her on Friday) 13 14     I declare (or certify, verify, or state) under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. ^a ^p 11/12/24 DATE ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 15    5 Case ^c3 Document 6 Filed 11/13/24 @ 16 of 55 TIMELINE OF NEGLECT OF CLERKS Memorandum continued, with important contextual so that reader understands the burden that I have been under, and my need for so many filings, and arriving just before closing of the clerk's office. MUST READ THIS TIMELINE TO SEE THE PERPETUAL NEGLECT, AND EXTENUATING 6 CIRCUMSTANCES WHICH LEAD TO MY APPEARANCES AND FILINGS 7 Wednesday Oct 30th, 2024, Thursday Oct 31rst 2024, Friday Nov 1rst 2024— 8 9 I arrived at the jurisdiction of the ~dc, after my lawsuit against ^am, was 10   removed from the state Venue Jurisdiction, and placed into the Eastern ~dc. On 3/8/24 ^c1 (PS) ~h v. ^am ^n1, presiding ^n2, referral Date ^f: 03/08/2024 Date of last filing: 11/01/2024 History 14 15 16 Doc. Dates Description No. 17 1 ^fe: 03/08/2024 Notice of Removal 2 ^fe: 03/08/2024 Civil New Case Documents for TLN 18 19 I immediately ~med for remand, which was an emergency ~m, with supplemental filings, 20 21 22 to the Supreme Court. Period. 3/12/24↓↓ in the which NOTHING happened, no statement of defects, no denial of ~m, no date assigned, simply nothing happened, and venue determines everything and needs to be litigated, all the way 23   ### MINUTE ORDER ### Full docket text for document 3: ~4 by ^a. (Woodson, A) ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 16  Case ^c3 Document 6 Filed 11/13/24 @ 17 of 55 1 Upon providing the context of emergency and supplemental documents, still, nothing happened.  ### MINUTE ORDER ### Full docket text for document 7: ~4 by ^a. (Attachments: # (1) Points and Authorities, # (2) Proof of Service) (Woodson, A) 6 7 Submitted more documentation, which was actual doctors' visit in which my blood pressure had 8 skyrocketed to 200 after ^am's attorney decided to freak out on the phone and 9 threaten me because I contacted him to meet and confer and inform him of the remand. 10 11 Declaration 12 ^f: ^e: 03/18/2024 03/19/2024  ### MINUTE ORDER ### Full docket text for document 12: X 16 17 18 DECLARATION of ^a In Support of [9] ~4. (Murphy, J) Despite being 12 docket items deep in total, and my submissions, there were no minute orders 19 created, no calendar assignments, no hearing date, and no notification of any defects in filing. 20 These are the extenuating circumstances that caused me to arrive late, While those who are 21 corrupt and scheming, might revel at the fact that these sorts of abuses are happening, causing me 22 23 more pressure, and more paperwork, and chewing away at my statute of limitations by being altogether and nearly completely useless in administrating affairs and filing paperwork, and setting emergency 24 hearings, [which they whimsically deny emergency ex parte filings or altogether don't even put them on 25 the calendar or assign them, as I have complained or will be amended into the complaint but easily 26 referenced by the 3 ex parte ~ms to remand, docket items in ~h V. Amazon] ^xed below; 27 Case No.: ^c1 ~h V. ^am 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 17    Case ^c3 Document 6 Filed 11/13/24 @ 18 of 55 ~4-has never been acknowledged by the court, in any form. Neither to schedule a hearing, or to cite defects. The ~4, was basically dead in the water once it was given to the clerks. 4 3 ^f: 03/12/2024 ~4 ^e: 03/13/2024 4 ^f: 5 03/12/2024 ~p ^e: 03/13/2024 7 ^f: 03/13/2024 ~4 6 ^e: 03/14/2024 ^f: 7 ^e: 03/14/2024 ~5 03/18/2024 5 ^fe: 03/14/2024 Stipulation and Proposed Order 8 6 ^fe: 03/14/2024 Consent/Decline of ^mj Jurisdiction 8 ^fe: 03/14/2024 ~m for Extension of Time 9 9 ^f: ^e: 03/14/2024 03/15/2024 ~4 10   14   No calendar date, no consideration, no response citing defects, NOTHING. HAPPENED. And this determines why I was even here in the first place!!! Being pressed for time, in this very filing, I don't have time to list and cite all the whimsical, negligent, unprofessional and altogether unacceptable acts of both willful and intentional gross negligence, malice, and oppression and discrimination. There are several examples, and these are procedural, that change the entire course of the case and affect the statute of limitations. However, I will try to list all that I can remember, presently 18 19 In April of 2024 we attended pro se day, and the volunteer lawyers had a printout of our docket, and we all wondered why ever other items on the docket had dates, but the ~3 didn't 20 have any dates listed in the itemized report that was printed out for these volunteers. We decided to ask 21 the clerks. Clerk Nair, C stated that it was a clerical issue, but it was critical that we noticed it, because 22 23 24 the ~m was never added to the judge's calendar, despite the entire filing being sound both procedurally and statutorily. He said it was there fault, and in other words the hearing never would have happened, or even been acknowledged by the judge. 25 ### MINUTE ORDER ### Full docket text for document 15: 26 27 28 ~m for ~3 by ^a. ~m Hearing set for 5/3/2024 at 10:00 AM in Courtroom 27 (DB) before ^mj Deborah Barnes. (Murphy, J) Modified on 4/5/2024 (Nair, C). ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 18  Case ^c3 Document 6 Filed 11/13/24 @ 19 of 55   This request for an emergency ex parte to stay, so I could request and prepare a remand hearing, is kicked out-after bringing the attention to the judge that there was an action commencing, and cross-claim, and that I hadn't had any information or feedback, about the initial remand hearings that were filed. 5 6 28 ^f: ^e: 7 10/31/2024 ~m to Stay 11/01/2024 ^fe: 11/01/2024 8 29 ^fe: 11/01/2024 Service by Mail Minute Order 9 10 11 On top of all the other neglect and mistakes and discriminations, this week being one of particular 12 difficultly, in trying to 1) File a complaint against the USA 2) Defend ourseves against a barrage of 13 corrupt orders, I had to create an emergency filing off of very rudimentary documents, hopging to 14 15 at least have some person actually look at what has been going on with my case ~h v. ^am, 16 17 Instead, I received this—(below) 18 19 20   25 26 ### MINUTE ORDER ### Full docket text for document 29: MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for ^mj ^n2 on 11/1/2024: ^ps [28] ~m to Stay is noticed for hearing on a date not designated for the Court's civil ~m hearing calendar. While ^p has filed this as an "emergency" ~m, the ~m does not indicate that ^p is at risk of irreparable harm, and so this ~m shall be treated as a conventional ~m. Accordingly, the hearing date of 11/13/2024 is vacated. ^p is directed to re-notice the ~m at least 35 days from now pursuant to Local Rule 230(b). Available dates to notice the ~m can be found on the Court's website under ~m Schedule for Civil ~m Hearings at https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states- magistrate-judge-sean-c-riordan-scr/ (Her, S) Citing legal jargon, "not indicate that ^p is at risk or irreparable harm" without a citation, on considering the document itself stating I have had no acknowledgement from the court about a 27 remand ~m, that was never given a calendar date. 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 19  1 Case ^c3 Document 6 Filed 11/13/24 @ 20 of 55 If this is issued by a judge, and it contains a legal argument, then it needs to be signed and mailed 2 to me, and cited precisely, what parts of my document indicate there is no risk of irreparable harm. And 3 how, drawing from reasonable inferences, can any half-literate mind, determine that I am not in a 4 position of irreparable harm. [see @ 21]. 5 6 7   18 19 ### MINUTE ORDER ### Full docket text for document 29: MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for ^mj ^n2 on 11/1/2024: ^ps [28] ~m to Stay is noticed for hearing on a date not designated for the Court's civil ~m hearing calendar. While ^p has filed this as an "emergency" ~m, the ~m does not indicate that ^p is at risk of irreparable harm, and so this ~m shall be treated as a conventional ~m. Accordingly, the hearing date of 11/13/2024 is vacated. ^p is directed to re-notice the ~m at least 35 days from now pursuant to Local Rule 230(b). Available dates to notice the ~m can be found on the Court's website under ~m Schedule for Civil ~m Hearings at https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states- magistrate-judge-sean-c-riordan-scr/ (Her, S) No reasonable inferences are being drawn here, [### MINUTE ORDER ### Full docket text item 29, last @] or consideration meanwhile the (emergency injunctive relief) hearing has also been swallowed into oblivion, 4/4/24 ### MINUTE ORDER ### Full docket text for document 20: MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge ^n1 on 4/4/2024: Pursuant to Local Rule 302(c)(21) ^df's ~m to Dismiss (ECF No. [18]) shall be noticed before the assigned ^mj. Counsel for ^df shall contact the Clerk for ^mj Deborah Barnes for available law and ~m dates and re-notice the ~m before the ^mj with the proper time and date. Accordingly, the 5/23/2024 hearing before District Judge ^n1 is VACATED. (TEXT ONLY ENTRY) (Krueger, M) 20 8/6/24 we have an order of reassignment ↓ nobody reads the docket, no consideration for the 21 Remand Hearings, or the ~3 now, seemingly dissolved twice, [dissolved once in 22 23 24 25 26 State Court, which was filed properly, dissolved upon remand]- ~3 dissolved again [~h v. Amazon] in the ~dc vacated with no consideration to the emergency stated, and the irreparable harms I suffer every day as I live a new life and have had to cope through terrible bouts with depression, as my entire 7-year investment across Live 27 Streaming platforms [Twitch.tv/^d ] which I occupied myself with, as a content creator alongside 28 [Several YouTube Channels] This for me was MY LIFE, MY BABY, and a source of joy- ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 20  Case ^c3 Document 6 Filed 11/13/24 @ 21 of 55   My YouTube partnership had expired, or changed, and due to the lack of an injunction, I can't even work on any content, as Amazon still presents itself as a looming threat over the associated Game [service] accounts, i.e, these rogue community managers could permanently ban my accounts, or even my Twitch.TV account as it is an Amazon owned platform. Additionally due to the complications of CHF I was unable to spend time to restore the YouTube partnership, or address issues with this contract that I had previously. 7   Hi ^d, At some point in the past, you signed the YouTube Partner Program (YPP) terms with us but are no longer part of the YouTube Partner Program. In January, we updated YouTube monetization terms, so your existing YPP contract is no longer up to date. As a result, we will be terminating your contract. This email serves as 30 days' legal notice that your YouTube Partner Program terms will be terminated on July 11, 2023.   14 I have been so engrossed in rehabilitation of CHF, and Court proceedings, that I could also not address the issues expiration of my YouTube Partnership, and Facebook Gaming Partnership; 15 literal sponsorships, and contracts I had signed onto as a Content Creator, that were all torn from me after 16 17 18 19 my hospitalization. 7-years of work, because some Amazon Games employees want to threaten my services and manipulate my paid services. Update on your YouTube Partner Program appeal Inbox YouTube \u003Cno-reply@youtube.com\u003E 20   to me ✔YouTube your contract. This email serves as 30 days' legal notice that your YouTube Partner Program terms will be terminated on July 11, 2023. 25 26 27 To get back into the YPP, you'll need to meet the eligibility criteria and reapply. 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 21  Case ^c3 Document 6 Filed 11/13/24 @ 22 of 55   My Facebook Gaming Partnership also expired, and I was unable to work on restoring that due to complications with CHF, and having no ~3, to keep Amazon Games employees, from destroying not only the content that I was creating for Amazon, but the residual destruction that CHF, the [confirmed] harassment from Amazon Employees essentially destroyed my live streaming, and content creation channels; which has been further solidified by the negligence of this court. [id dates] Facebook Gaming x BavaMedia | Partner Welcome Ambor x Scott Anderson Scott@bavamedia.com\u003E to William, Jash, Lore, Rob Hellol Welcome to Partnership! BavaMedia is super ECSTATIC to be your representation and help grow your channel on Facebook Gaming. [Next Steps]   14 15 16 With no ~3 placed, how can I protect myself against the Amazon Games Community Moderators, who can whimsically dismantle my Twitch.Tv [also owned and operated by ^am,] Account with nearly 1,000,000 LIVE HOURS viewed, and over 12,000+ hours live, [I have over 25,000 hours live if factoring in Dlive, Facebook Gaming, YouTube, Twitter, all of which I used to create content multi-streaming.] [see metrics below provided by https://twitchtracker.com/^d/statistics] My investment, my creation, my intellectual property spanning some 15,000 hours' worth of content 17 18 I created across all live streaming platforms [id], 19 20 21 22 ^d Overview Streams Games Subs Statistics Clips 16/Nov/2016 12/Nov/2024 23 Selectstats.ter the chartrag these or gireno 24 Total Followers Hours Streamed 7.4K 25 12,288 Average Viewers 58 Peak Viewers Hours Watched Active Days 1,317 717K 1,527 26 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 22  Case ^c3 Document 1 Filed 10/30/24 @ 18 of 31   7 8 The basic synopsis of this case is that some managers or community management among the community management or moderation team for Amazon game studios or Amazon games—they were also playing on the same server as I was on the West Coast we had a high concentration of Amazon employees because we were on the West Coast server node which also had some of the main Amazon developers employees moderators game testers developers all connecting to the El Dorado West Coast server. Some of these employees didn't like me they didn't like my content that I streamed to twitch and they didn't like my character or my representation my virtual representation or the way that I present 9 myself online generally in Amazon's game new world. But I had finished a partnership with Facebook gaming and came back to twitch.tv to play new world and make content for new world in which I invested over $1700 and accrued over 10,000 hours in my 4 accounts for new world. 10   14     Because certain employees didn't like me or didn't like my content or my presence online and they felt like they wanted to be bullies and manipulate things because they're in a position of power but they're also like 20 years old and I'm twice their age and have twice their experience online so I knew that they were harassing me and that I was being subject to what is called online trolling and griefing but not on a casual level but an extreme level which lasted for seven months and came to a head when I approached Amazon and I wanted accountability because I knew there was what I was experiencing was not normal. So as I said after dozens of phone calls a an associate from Amazon called me back giving me details of their investigation their behavioral investigation they called it in which they determined that "staff was found manipulating my in game experience". It was a full on confession to what I complained about in this lawsuit that I was being harassed by Amazon employees I have a literal recording of this conversation but I've never been able to present this information to pursue injunctive relief because of the neglect of this court and the overpowering of my Fifth Amendment right to due process because people want to just cancel ~ms and never hear the substance of those ~ms because I'm a pro say litigant or because they're getting paid off or bribed or have prejudice against the subject matter of my lawsuit--for whatever reason it doesn't matter I was wronged I suffered injuries due to the stress I was diagnosed with acute congestive heart failure meaning that it's not permanent but it was more than likely ~h V. THE ~1 - COMPLAINT @ 18  Case ^c3 Document 1 Filed 10/30/24 @ 19 of 31   11 12 1:3 14 the results of broken heart syndrome which is stress related when somebody goes through a traumatic event and this traumatic event for me was having my entire investment of 10,000 hours and over $1700 invested and some 10,000 hours worth of content that I had already created across YouTube Facebook gaming and twitch for Amazon's game. All of this was threatened my entire career or my aspiring career or whatever you want to label it or call it my hobby my pastime it was literally my baby my child this is everything I did since COVID and beyond this was seven years of my life invested into this platform on Amazon so I could have an outlet for my PTSD and for my depression my major depressive disorder and it brought me the greatest of joy to have something I could wake up every day and do something I cared about passionately and something I felt I could grow in and did grow as I said I had a partnership with Facebook gaming I had partnerships through wild card studio the creators of ark survival evolved I had a great streaming career it wasn't until that I started playing Amazon's game and becoming blacklisted by Amazon on their platform twitch.tv because they disagreed with or didn't like the subject matter of my content or my presentation regardless I made Amazon some $10,000 at least in revenue 4 subscriptions and transactions that viewers donate 2 my live stream or my platform. 15 Now when this case was brought into the federal court seven months ago my ~4 16 17 18 19 20   was not entered into the docket or calendar rather it was entered into the docket three times in three separate filings because of the emergency situation caused by mark Burnside who felt like it was appropriate during a meet and confer which I was calling him to meet and confer and tell him that I was going to file a ~4-Marc Burnside decided to have a meltdown and act like a 2 year old and scream over the phone because I told him I was exercising my rights and to be frankly honest at that point I still had some shred of respect for him but at this time I'm ~ming to for to have him dismissed because I cannot work with him and he has not only disrespected me and made me feel uncomfortable but the events afterwards and the stress that he put me in because I didn't know the system and he wanted to threaten me and manipulate me and deter me from doing anything to defend myself or to 25 make the case progress as a lawyer a new lawyer he did the shadiest things he could ever do to a prose 26 litigant that had no idea what was going on so this might be a tangent but it's also one of the following filings that I have to do because of this is now my life working with the broken judicial system the 27 28 neglected judicial system the judicial branch of the ~2 government that holds itself high up in ~h V. THE ~1 - COMPLAINT @ 19  Case ^c3 Document 1 Filed 10/30/24 @ 20 of 31     14 15 marble and alabaster buildings and pays the employee is the best of salaries while it casts a looming shadow of fear over the American citizens meaning that we do not trust we do not believe and we do not hope that justice can be achieved through these systems. The average American would never come to any court to receive justice or to hope for justice because of the relationship between the judicial branch and the citizens not only that the legislative branch and the executive branch are all corrupt. We are subjects to this government and we are slaves and this government holds powers and exercises powers over citizens as if it were a God. The judicial system is filled with Vipers and the fact that the only way to pursue justice is to come through this convoluted and frankly archaic system where nobody wants to help you and also treats you like garbage when they can't even do their job evidently as expressed in this complaint I am recusing a judge I am a technical nobody but I am smart enough or rather I am of average intelligence to know when I am getting abused but I do not come to this system of government to be abused I do not come here to have my rights neglected I have come here so that my rights will be magnified-but instead my rights are diminished by the actions of these employees and the entire pseudo loftiness of this establishment. Whether or not my opinion or my feelings about my experience thus far is what one may consider relevant it is still plain and simple feedback nonetheless because this is the experience I've had 16 17 18 in this system and it's not because I have not done the right things, no rather I have done the right things my ~m for ~3 was cancelled; 19 20 HERE IT THE DOCKET ENTRY FOR WHEN THE ~m WAS SUBMITTED 21 22 ### MINUTE ORDER ### Full docket text for document 15: 23 24 25 ~m for ~3 by ^a. ~m Hearing set for 5/3/2024 at 10:00 AM in Courtroom 27 (DB) before ^mj Deborah Barnes. (Murphy, J) Modified on 4/5/2024 (Nair, C). 26 HERE IS THE DOCKET ENTRY FOR WHEN IT WAS CANCELLED 27 28 ### MINUTE ORDER ### Full docket text for document 26: ~h V. THE ~1 - COMPLAINT @ 20  Case ^c3 Document 1 Filed 10/30/24 @ 21 of 31 1 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for ^mj Deborah 2 3 4 5 Barnes on 4/23/2024: On the Court's own ~m and pursuant to Local Rule 230(g), ^p's [15] ~m for ~3 and ^df's [21] ~m to Dismiss are SUBMITTED without oral argument. Accordingly, both of the hearings set for 5/3/2024 and 5/10/2024 are VACATED. If the court determines that oral argument is needed, it will be scheduled at a later date. (Her, S) 6 7 Now ^mj Deborah Barnes seemed like a sweet lady even though I never met her but   18 19 for whatever reason it seems that she had also declined even though the document isn't available to me or that this was reassigned for some frankly strange reason perhaps judge Riordan is more capable of hearing this and overseeing these things but the fact that my regularly scheduled ~m according to due process was in order five months ago to be heard and nothing has happened, is not only neglect but it is also obstruction of justice and obstruction of due process because apparently this system doesn't even function half as efficiently as McDonald's where they remember your order and if they messed it up they get it right or we'll do something to make it right rather here when something goes wrong I have to recuse a judge now I have to file 15 different papers and I have to state the obvious 75 times when it gets read by nobody or considered by nobody and then everybody walks around and acts like everything's fine and America's great and all is well. I'm not complaining just for myself I'm complaining because this what I'm experiencing right now is bleeding over into our society in that the disconnect between the citizen and the government in that the 20 government is the oppressor and we are the oppressed when we try to rightfully utilize the system the   system combines against us to destroy us and our rights and that is plainly manifest in this complaint no I don't need to have my ~m heard the day after I file it. But if anybody with a brain or normal intelligence opens up the docket and reads the ~m and asks for the information first they will see the proof that I went to the hospital three days after the behavioral investigation told me that Amazon did exactly what I complained about, but it wasn't only vacated it has been forgotten just like my ~4 has spoken of earlier was never even considered to exist and I have to file and ~m to stay to stop the ~m to dismiss and to get back to the basics of where's my remand and where is my ~m for ~3 because I don't care if my lawsuit is written like Shakespeare of law I ~h V. THE ~1 – COMPLAINT @ 21  Case ^c3 Document 1 Filed 10/30/24 @ 22 of 31   7 8 documented the most important parts of my suffering in plain English I went to the hospital I was on death's door Amazon told me their employees were responsible the ~3 should have been active five months ago at least the relief could be there I don't need a jury to Morrow but the injunctive relief should be in place I can bring the recording of Amazon's confession to the court but how interesting that when Amazon has confessed after I warned them that I would come and bring a lawsuit against them if they did not fix the behavior of their employees and the harassment that was happening to me their streaming platform- it's interesting that when I have 8 ball and a corner pocket, against the world's most powerful 9 corporation this mighty dragon has been brought to its knees yet my ~ms are being conveniently deleted and judges are being moved around quietly and nothing happens at all except for I continue to suffer and continue to be injured and continue to live with a disability without injunctive relief. 10 11 12 I'm not here to rejoice or or boast and I don't see dollar signs even though I know I've already won I'm here purely upon principle yeah I'm going to be compensated that's fine but that doesn't give me 13 14 my health back it doesn't give me my career back and it doesn't give me my happiness back-     22 23   in the words of captain moroni from the Book of Mormon he says I seek not for power but to tear it down I seek not for the honour of the world but for the glory of my God and the freedom and welfare of my country. I'm here to put the American back into America. I'm here to remind you that our rights are inalienable that this system has its power only by our consent and it only has just powers no other power and the moment that it exercises any power that is unjust it is ripe for destruction or it and its officers are ripe to be hewn down and for that order to be replaced with something better or that wrong to be corrected and made right that is justice that is what you swear an oath to uphold the constitution for. We are not here to worship America we are not here to worship the government of America and I'm not here purporting myself to be anyone's savior or in the least bit a righteous man rather I am a Sinner; nevertheless if we do not exercise our rights if we do not hold the system accountable then we do not grow and all we are is subjects, to the chaotic whims of the pride and the arbitrary feelings of unjust stewards. 28 ~h V. THE ~1 - COMPLAINT - @ 22  Case ^c3 Document 1 Filed 10/30/24 @ 23 of 31   7 8 9 So yeah I'm going to be Amazon in this court or rather I'll be remanded back to the state court when I finally get to bring my argument before this court and if this court does not hear it then it will go to the Circuit Court and if the Circuit Court does not hear it then it will go to the Supreme Court but I will testify why Amazon is not a citizen and how it has become a symbiote and relies completely on the economy of California to do business here so it not only is not diverse from this economy it is empowered by this economy where it makes the most money regardless of where it's incorporated and regardless of where it has its base this is its base this is its throne this is its footstool it uses the harbors from China 2 sell their goods and it uses the structure and the economy of California to propel its product from West to east. 10 11 Doctrine and Covenants Section 101 12 13 14 "81 Now, unto what shall I liken the children of Zion? I will liken them unto the parable of the woman and the unjust judge, for men ought always to pray and not to faint, which saith- 15 82 There was in a city a judge which feared not God, neither regarded man. 16 83 And there was a widow in that city, and she came unto him, saying: Avenge me of mine adversary. 17 18 84 And he would not for a while, but afterward he said within himself: Though I fear not God, nor regard man, yet because this widow troubleth me I will avenge her, lest by her continual coming she 19 weary me. 20 85 Thus will I liken the children of Zion. 21 86 Let them importune at the feet of the judge; 22 87 And if he heed them not, let them importune at the feet of the governor; 23 88 And if the governor heed them not, let them importune at the feet of the president; 24 25 89 And if the president heed them not, then will the Lord arise and come forth out of his hiding place, and in his fury vex the nation; 26 90 And in his hot displeasure, and in his fierce anger, in his time, will cut off those wicked, unfaithful, 27 and unjust stewards, and appoint them their portion among hypocrites, and unbelievers; 28 91 Even in outer darkness, where there is weeping, and wailing, and gnashing of teeth." ~h V. THE ~1 - COMPLAINT - @ 23    Case ^c3 Document 1 Filed 10/30/24 @ 24 of 31 These other words of our creator prepared for this branch of the ~2 government, no I am not or do not profess to be sent or to speak for God rather I am simply a voice of warning much like a voice crying in the wilderness prepare you the way of the Lord make his path straight. 4 Now because this court has placed me in this situation to fail and to be destroyed and to neglect and to 5 abuse my rights and to think that I will be swept under a rug and forgotten wow my enemies rejoice over 6 7 8 my defeat because they lost but had money to influence or power to influence this court 2 utterly abuse me and my mother after we have suffered through what we have suffered this isn't any glory of mine own but it is the glory and the wisdom of God that ye shall be judged- 9 10 even you shall be judged in the eyes of the nation and what's done in the dark will be brought to the light this lawsuit will not only go to the feet of the judge but it will go to the feto governor newsom and it will   14   go to the White House and two president-elect or the future president Donald Trump it's going to Elon Musk it's going to the Church of Jesus Christ of latter day Saints it's going to doja cat Jim Carrey and it's going to the Department of Defense veteran affairs, it's going to the FBI the CIA the NSA the FCC the Israeli Mossad the Sayaret Metkal, it's going to the Knesset and to Benjamin Ben-BenZion Netanyahu, and two other places that I can't frankly recall at this moment but these eyes will be cast even if just casually in this direction and then we will see if this court is capable of rendering justice or meteing and measuring out judgment because it's a simple thing straight and narrow is the path that leads to justice and wide and rickety is the path that leads to destruction.   V. DEMAND FOR JURY TRIAL I AM DEMANDING A JURY TRIAL AND FOR THE FEDERAL GOVERNMENT TO RESPECT MY PRIVACY, AND TO DILIGENTLY ENTREAT ΜΕ ΤΟ OBTAIN ANY INFORMATION THEY NEED. CONSEQUENTLY ANY RULINGS ON THESE OR ORDERS MUST BE STAYED UNTIL NOVEMBER 1RST 2024 THAT THE FILINGS MAY BE PROPERLY AJOINED. ~h V. THE ~1 - COMPLAINT @ 24      Case ^c3 Document 1 Filed 10/30/24 @ 25 of 31 VI. BLOOD UPON THE ROCK 14 15 "Wherefore, the Lord commandeth you, when ye shall see these things come among you that ye shall awake to a sense of your awful situation, because of this Secret Combination which shall be among you; or wo be unto it, because of the blood of them who have been slain; for they 16 17 cry from the dust for vengeance upon it, and also upon those who built it up.” – ETHER 8:24 18 19 The straight and narrow road of law, and the pursuit of Justice, has ever long since been 20 confounded by the subtle changes and implications and integration of more complex law. The   25 perversion of our most fundamental rights, The integration of more complex law, makes it difficult for the people of normal intelligence and the citizens to gain prosperity above the power of their government and whichever monarchy theocracy or whichever form of government it may be the more complex the system is the more likely the people will fail and lose their power and have no concept of their rights. And that's the situation that we're in right now. The state of California is facing a state of emergency greater than that of a war, the analytics 26 27 which are frankly disturbing to latest details revealed are disturbing but they're not correct they are 28 ~h V. THE ~1 - COMPLAINT @ 25  Case ^c3 Document 1 Filed 10/30/24 @ 26 of 31       suppressed. But we have a report of there being 14,000 unidentified bodies in the morgues and facilities of the government and investigative departments and counties across the state of California. We have evidence from this report of over 20,000 missing persons, that have been missing since 1997 approximately. These are people that are no longer ever going to see their family. And these are people who their family will always mourn. But these numbers are only the tip of an iceberg. Because statistically that which goes unreported and within the realm of and law of mathematics, to be brief, what is unreported is just as great if not greater, and that which is reported is suppressed or there is a decree upon which it is suppressed. Due to emergency circumstances this lawsuit must be filed in haste, so i will attempt to be brief yet thorough and explaining the details revolving around the current predicaments that we are facing in the ~2. Attached to this lawsuit will be a thumb drive which should be used with utmost caution and care because of the contents therein contain information and evidence about a secret society secret combinations which have been set up to destroy their freedom of this country. This secret combination has infiltrated the court system and every other aspect of our government. The Book of Mormon, another testament of jesus christ, the founding cornerstone document of the quote un-quote "Mormon religion", contains the history of the ancient inhabitants of the ~1. Particularly those from Central America yucatan the northernmost parts of South America and all the way up into the Aztec empire into the city of Mexico and this area. The ancient inhabitants of America, were destroyed when their governments were infiltrated by the secret combinations, due to the dangerous and the dark and complex nature of this secret society and any others that are built under it, the casual reader, should not delve too deeply into the mysteries of its darkness. For this darkness has enslaved and captivated the souls of men since the dawn of civilization. Therefore going forward with administrative, legal, logistical, Actions, we must take particular care in shielding ourselves, against the seduction of this evil power. I would like to warn but also comfort anyone who should look upon this information and tell them that this power thrives upon mystery, this power thrives upon wonder, and this secret combination thrives upon darkness. So do not make it an effort or a goal to understand its depths. Its depths lie in its ~h V. THE ~1 - COMPLAINT @ 26  Case ^c3 Document 1 Filed 10/30/24 @ 27 of 31 1 ability to entertain and occupy your wonder, your astonishment. It can best be likened to the labyrinth or 2       14 the maze outside of the ancient city of Babylon whereas people that were going to gain access to Babylon at some point there was a maze to just get into the city. The straight and narrow road of law has ever long since been confounded by the subtle changes and implications and integration of more complex law. The integration of more complex law, makes it difficult for the people of normal intelligence and the citizens to gain prosperity above the power of their government and whichever monarchy theocracy or whichever form of government it may be the more complex the system is the more likely the people will fail and lose their power and have no concept of their rights. And that's the situation that we're in right now. That's why "Wherefore, the Lord commandeth you, when ye shall see these things come among you that ye shall awake to a sense of your awful situation, because of this Secret Combination which shall be among you; or wo be unto it, because of the blood of them who have been slain; for they cry from the dust for vengeance upon it, and also upon those who built it up. WITH PROPER CARE AND OVERSITE FROM MULTIPLE DEPARTMENTS SEE DIGITAL 15 16 ^x A [THE REST OF THIS DOCUMENT WILL BE SEALED AND PROVIDED 17 OCTOBER 31, 2024 WITH THE AMENDED AND COMPLETE COMPLAINT]   ~h V. THE ~1 - COMPLAINT - @ 27  1 Case ^c3 Document 6 Filed 11/13/24 @ 23 of 55 Without a ~3 in [~h v. ^am,] I cannot invest in my 2     former life, my intellectual property, my artwork, my hobby, my outlet, my community- all of which were part of a therapeutic, and creative outlet which I used to keep myself busy, productive, and have my own goals and aspirations, and projects coping with PTSD and being disabled, living on minimal, meagers and the most basest income; yet it brought me so much joy to have these projects, and the ~3 could have afforded me, and still could afford me the ability to re-engage in another lifestyle and hobby other than fighting discrimination and shade thrown at me in the ~dc!! Without a ~3 in ~h v. ^am, I have no protections to secure me, and enable me to invest in my former life, my intellectual property, my artwork, my hobby, my outlet, my community, [@ 20-24 this doc] or the life I had before I had to witness a shooting at my apartments, I reported this shooting to the office, I witnessed it from the pool, this is all in the docket that ^mj Carolyn K. Delaney, is a steward of [see Douglas V."
   },
   {
     "id": 6,
     "text": "Ezralow captioned @ 1], Man shot South Watt Avenue apartment complex CBS News Sacramento Subscribe 16 17   180K subscibers 662 views Feb 6, 2023 An investigation is underway after a shooting at an apartment complex in the Rosemont area Monday aftermoon. Transcript CBS News https://www.cbsnews.com/sacramento/news/1-hurt-in...▾ 1 hurt in shooting at Sacramento County apartment complex Feb 6, 2023 ROSEMONT - An investigation is underway after a shooting at an apartment complex in the Rosemont area Monday afternoon. The Sacramento County Sheriff's Office says... Tags: Sacramento County Sheriff Rosemont Shooting Rosemont Area https://youtu.be/67Wdj_aB1mE?si=WBhCChCGqMnUBpBE ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 23  Case ^c3 Document 6 Filed 11/13/24 @ 24 of 55   Case reassignment occurs [~h v. Amazon] and then as per status quo, nothing happens, except I live day by day, in the ashes and shadow of a life I used to have before I lived at Montebello Apartments, where gun violence, and domestic violence, black mold are normal "apartment living", according to Stacy White. ### MINUTE ORDER ### Full docket text for document 27: ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of ^mj ^n2 to the bench of the ~ed, the court hereby reassigns this case from ^mj Deborah Barnes to ^mj ^n2 for all further proceedings. (Mendez Licea, O) I'm living in the ashes and shadow of a life I used to have before Amazon.com, Inc's, Behavioral 11 Investigation revealed that literal Amazon Staff was found "manipulating your In-Game [PAID   Amazon Service and] Experience” that it could be a "really big problem", and that there was evidence "you're not the only and many customers could be affected", as Amazon Games [Studio], staff "tried to control the game itself". [17-minute confession by Amazon staff, in a recording which has never been able to be heard in any hearing] Case re-assignment occurs, nothing happens, no remand hearing, no ~3 hearing, no ~m to stay even available because that's kicked out, because I'm not suffering enough 18 "irreparable harm", stated in a whimsical minute order served in snapchat-style instant message, while 19 taking no consideration for anything in the docket.↓↓↓ 20   ### MINUTE ORDER ### Full docket text for document 29: MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for ^mj ^n2 on 11/1/2024: ^ps [28] ~m to Stay is noticed for hearing on a date not designated for the Court's civil ~m hearing calendar. While ^p has filed this as an "emergency" ~m, the ~m does not indicate that ^p is at risk of irreparable harm, and so this ~m shall be treated as a conventional ~m. Accordingly, the hearing date of 11/13/2024 is vacated. ^p is directed to re-notice the ~m at least 35 days from now pursuant to Local Rule 230(b). Available dates to notice the ~m can be found on the Court's website under ~m Schedule for Civil ~m Hearings at https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states- magistrate-judge-sean-c-riordan-scr/ (Her, S) ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 24  Case ^c3 Document 6 Filed 11/13/24 @ 25 of 55   11 12 When the statute of limitations is ticked away by the willful intention of the court! You can't say that all these acts of having no hearing, hearings being vacated indefinitely, orders without legal citations or signatures from a judge are simply mistakes. This case has been resting for 9 months with nothing but statute of limitations being abused, and a smoke screen charade of “process” without any actual hearings or discussions about legal standing or the fact that, Amazon Employees called me on the phone, as a result of a Behavioral Investigation into the actions of their employees, and told me that Amazon Staff was responsible for what I complained about!!! AND BOTH ME AND AMAZON HAVE THE RECORDING OF THIS CONVERSATION! A literal confession. And I can't have a hearing about an emergency room visit ^am, employees caused me, and subsequent disability since. That's one case, but it doesn't end there, it gets worse, In the case of Douglas V. Ezralow [see @ 1 caption] Case No.: 2:24-CV-00331 KJM-CKD ↓ 13     25 26 10 ^f: ^e: 08/16/2024 Clerk's Decline of Entry of Default 08/20/2024 ### MINUTE ORDER ### Full docket text for document 10: REQUEST FOR ENTRY OF DEFAULT DECLINED as to Bryan Ezralow, Marc Ezralow, Leslie Huffman, Chris Robello, The Ezralow Company LLC. The clerk hereby declines to enter due to Unable to determine if summons was appropriately served based on the documents filed. (TEXT ONLY) (Murphy, J) Clerk makes a legal interpretation, doesn't have authority to decline, See FRCP 77 (c) CLERK'S OFFICE HOURS; CLERK'S ORDERS. (1) Hours. The clerk's office with a clerk or deputy on duty-must be open during business hours every day except Saturdays, Sundays, and legal holidays. But a court may, by local rule or order, require that the office be open for specified hours on Saturday or a particular legal holiday other than one listed in Rule 6(a)(6)(A). (2) Orders. Subject to the court's power to suspend, alter, or rescind the clerk's action for good cause, the clerk may: (A) issue process: (B) enter a default: (C) enter a default judgment under Rule 55(b)(1); and (D) act on any other matter that does not require the court's action. 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 25  1 Case ^c3 Document 6 Filed 11/13/24 @ 26 of 55 WE FILE AN APPEAL, ~m for relief from judgement or order-see docket item 1  1 ^f: 06/26/2024 Summons Returned Executed ^e: 06/27/2024 4 8 ^f: ^e: 08/16/2024 Request for Entry of Default 08/19/2024 5 9 ^f: 08/16/2024 Clerk's Entry of Default 6 ^e: 08/20/2024 7 10 ^f: 08/16/2024 Clerk's Decline of Entry of Default ^e: 08/20/2024 8 ^fe: 08/20/2024 Service by Mail 9 11 ^f: 08/28/2024 ~m for Miscellaneous Relief ^e: 08/29/2024  Citing the binding authority of the 9th Circuit, that our return of service, [and our agreement with 13 a managing agent on how we should execute service earlier in docket item 11], citing the 9th 14 "...return of service ...can be overcome only by strong and convincing evidence." (see below} 15 8 "### MINUTE ORDER ### Full docket text for document 10: REQUEST FOR ENTRY OF DEFAULT DECLINED as to Bryan Ezralow, Marc Ezralow, Leslie Huffman, Chris Robello, The Ezralow Company LLC. The clerk hereby 17 10 declines to enter due to Unable to determine if summons was appropriately served based on the 11 documents filed. (TEXT ONLY) (Murphy, J). 18 12 We the ^ps believe that these orders are ambiguous and problematic, for all parties,  including the Court. We believe that these orders need to be swiftly corrected, to reflect uniformity and 14 conformity with FRCP Rule 55(a); which reads-- "(a) Entering a Default. When a party against whom a  judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default."  The Ninth Circuit has ruled "[A] signed return of service constitutes prima facie evidence of valid service which can be overcome only by strong and convincing evidence." SEC v, Internet Solutions for Bus., Inc., 509 F.3d 1161, 1163 (9th Cir.2007). Additionally, the following ruling can be interpreted to hold Persuasive Authority, as per the general pleadings of Pro Se Litigants, or the ^ps; and not only the complaint; "The Court must accept as true all factual allegations in the complaint and must draw all reasonable inferences from those allegations, construing the complaint in the light most favorable to the ^p. Westlands Water Dist. v. Firebaugh Canal, 10 F.3d 667, 670 (9 th Cir. 1993). Considering this logic, and the sworn 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 26  Case ^c3 Document 6 Filed 11/13/24 @ 27 of 55 1 Which appeal, in the form of ~m for relief from judgement or order and are assigned a 2 3 4 hearing date-defense has had two notices, with returns of service produced to court, two opportunities to respond using the judicial process; we secure hearing date for our appeal— For 10/9/24   ### MINUTE ORDER ### Full docket text for document 12: MINUTE ORDER issued by Courtroom Deputy L. Kennison for Chief ^mj Carolyn K. Delaney on 8/29/2024. The court is in receipt of [11] ^ps' ~m for Relief from Judgment or Order which is noticed for an unavailable date. On the court's own ~m, the hearing is RESET for 10/9/2024 at 10:00 AM via Zoom before ^mj Carolyn K. Delaney. (Text Only Entry) (Kennison, L) 12 13 14 Defense "attempts to appear" gets a ~m date scheduled AFTER OUR APPEAL HEARING DATE while two of their ^dfs are in default, they are scheduled for 11/13/24. (Note they never served us any notice, or any paperwork, and we never consented to electronic notice, so obviously we don't respond)   19 20   25 ### MINUTE ORDER ### Full docket text for document 9: CLERK'S ENTRY OF DEFAULT as to *First Pointe Management Group LLC, Stacy White* (Murphy, J) ### MINUTE ORDER ### Full docket text for document 16: AMENDED [13] ~m to QUASH by The Ezralow Company LLC. ~m Hearing set for 11/13/2024 at 10:00 AM in Courtroom 24 (CKD) before ^mj Carolyn K. Delaney. (Attachments: # (1) Declaration of Stacey White, # (2) Supplement Request for Judicial Notice, # (3) Proposed Order) (Truong, Tiffany) Modified on 9/26/2024 (Kyono, V). 26 27 Next @ 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 27    7 Case ^c3 Document 6 Filed 11/13/24 @ 28 of 55 ^mj Carolyn K. Delany caters to the default part, uproots our appeal hearing, merges it into a hearing with a defense that hasn't noticed us of any hearing, or even contacted us to acknowledge they exist. 19 ^fe: 10/01/2024 Minute Order ### MINUTE ORDER ### Full docket text for document 19: MINUTE ORDER issued by Courtroom Deputy, L. Kennison for Chief ^mj Carolyn K. Delaney on 10/1/2024: On the court's own ~m and for judicial economy, the ~m hearing set for 10/9/2024, as to, ^ps' [11] ~m for Relief from Judgment is RESET for 11/13/2024 at 10:00 AM via Zoom before Chief ^mj Carolyn K. Delaney. (Text Only Entry) (Kennison, L)   11 So, to catch the reader up to speed- 12 1. Two ^dfs placed into default 8/16/24 (see @ 13 for recap) 13 2. Clerk extra-judicially declines to enter 5 of them even though ~m for entry of default 14 includes served and sworn affidavits detailing our agreement with a managing agent on 15 how we should serve them, returns of service on both, two opportunities for defense to 16 respond within and according to the judicial process. 8/16/24 (see @ 13 for recap) 17 3. We appeal 8/28/24 (see @ 13 for recap, docket item 11) 18 4. 19 Defense "attempts appearance" doesn't notice us, of anything doesn't serve us anything. (see @ 14, document 16) around 9/26/24 20 21 22 5. ^mj CKD uproots our appeal date and merges it into their date EIGHT DAYS BEFORE OUR APPEAL HEARING TO FIX CLERK “MISTAKE” OR “EXTRA- JUDICIAL ABUSE OF AUTHORITY" 10/1/24 23 24 25 We had an A. (^p) and B. (court) appeal hearing, i.e., before the attempted appearance of defense. 26 27 28 ^mj CKD Destroys our appeal in this act and ever so subtle sleight of hand. 10/1/24 (see above) ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 28    11 Case ^c3 Document 6 Filed 11/13/24 @ 29 of 55 6. Judge CKD then totally vacates hearing, issues order for us to respond to a party which response would---- a.) Constitute consent to be served electronically b.) Consent to forget about default party and implications it holds moving forward. c.) Consent to the destruction of our appeal hearing, and to just sweep it all under the rug. When according to the 9th circuit binding authority they should all be in Default. Changing the implications, and the entire direction of our legal strategy moving forward and any response we issue, and everything about the case. (see below) 10/16/24 12 13 14 15 ### MINUTE ORDER ### Full docket text for document 20: ORDER signed by ^mj Carolyn K. Delaney on 10/16/2024 VACATING the ~m hearing set for 11/13/2024; DIRECTING ^ps to file an opposition or a statement of non-opposition within 14 days; ^df may file reply within 10 days of ^p's filing. (Becknal, R.) 16 17 7. We ~m to for relief from the above order, informing the court that we haven't 18 consented to electronic notice, [docket item 24 Douglas V. Ezralow]↓ 19 20 ^fe: 10/16/2024 Order 20 21 ^f: 10/30/2024 ~m to Stay 21 ^e: 10/31/2024 22 22 ^f: 10/30/2024 ~m for Judgment ^e: 10/31/2024 23 23 ^f: 10/31/2024 ~m to Stay 24 ^e: 24 ^f: 25 ^e: 11/01/2024 10/31/2024 ~m for Miscellaneous Relief 11/01/2024 26 ^fe: 11/01/2024 Service by Mail 27 25 ^fe: 11/01/2024 Minute Order 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 29    Case ^c3 Document 6 Filed 11/13/24 @ 30 of 55 More unlawful, negligent, and willful acts of malice, oppression, have occurred but at this present time I do not have the ability to continue to list them all, as some of them begin to have, or reveal arguments which will be prepared for future litigations, on certain subjects; or in other words, I have cast enough legal arguments, and stated the harmful and irreparable actions of this court, and 5 testify that this in itself constitutes an emergency, upon which we are owed relief. 6     I declare (or certify, verify, or state) under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Сав ^a ^p 11/12/24 DATE ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 30  1 Case ^c3 Document 6 Filed 11/13/24 @ 31 of 55 V. STATEMENT OF IRREPRABLE HARM 2 3 Recap of my experience in ~dc since ^am, Attorney dissolved my ~m 4 5 for ~3 and removed my case to ~dc; these injuries and irreparable harms have been suffered, 6 7 QUICK RECAP OF MY EXPERIENCE IN ~dc SINCE ~4 HEARING WAS COMPLETELY IGNORE, DISREGAURDED, ETC, I've been-   1. Locked in the clerk office with security guards surrounding the area and threatened, badgered, bullied and harassed by the clerk. 11 12 2. Denied every opportunity for a hearing in 9 months, nearly a year. 3. Lost 9 months-year statute of limitations because court does nothing. 13 14 15 16 4. Rights, abridged, molested, beaten and destroyed, and appeal hearings completely dissolved. 5. Missed cariology appointment because I'm forced to choose between my inalienable rights and, actions I need to take to preserve my rights, and forced to choose between that or my health. 17 18 19 20   25 26 6. Suffered two hypertensive crises, see 1. In this list, see @ 10 of this document. among many things I do not presently have time to list. 7. Compelled to reveal in now 3 cases, that I suffer from ACES (Adverse Childhood Experiences), that I was sexually abused as a child, beaten and locked in a cold-storage, and produce documents of the PTSD suffered from that because my sword word in affidavit, and complaint isn't enough for the Court to draw reasonable inference, or allow me any hearings. 8. Ongoing e~mal, and physical stress, due to undue burdens placed upon me, and the adversarial position the court has taken when I am the injured party and I am applying for Judicial Relief. But it appears nobody has ready anything on the docket, and we've just been beaten to death procedurally by the Clerks and Judges. 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 31  Case ^c3 Document 6 Filed 11/13/24 @ 32 of 55     24 25 Court must accept the allegations as true); Scheuer v. Rhodes, 416 U.S. 232, 236 (1974) (court must construe the complaint in the light most favorable to the ^p). Pro se pleadings are held to a less stringent standard than those drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972). 9. Each day I feel intimidated, or anxious to enter that building to pursue my 5th amendment right to due process and application to judicial relief, each day that I feel intimidated and fearful to enter that building is another day of irreparable harm, which I have felt everyday and I will feel everyday, until I know that I have taken all the appropriate action to prevent this from ever happening again, to prevent myself from ever being locked into the clerks office with a wild and unhinged employee who thinks she can badger, harass, and ultimately threaten and intimidate the public, in the execution of their civil liberties; from the moment it happened to each day that I am filing (which I have now a massive amount of filings pending)each day experiencing this is irreparable harm. 10. This harm is irreparable because it not only threatens my civil liberties but it also threatens my health, due to the clerks threats, and harassment. Having me locked into the clerks office surrounded by security guards, because she provoked me from a urgent tone of voice, to an assertive tone of voice- which provocation was purposeful as she badgered and harassed me almost every 30-45 seconds in the midst of filing paperwork- and kept joking and laughing about pressing the button with the other clerk [assuming the Spanish lady]. This is a serious and irreparable harm already, irreparable harm has already occurred due to the now two weeks almost three weeks of ongoing stress, initially created by these clerks, but now my health concerns are exacerbated by this stress, and I have already missed a cardiology appointment because of the stress related to why I was last minute filing in the first place. 26 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 32    7 Case ^c3 Document 6 Filed 11/13/24 @ 33 of 55 11. Again it should be noted, I HAVE BEEN WORKING EVERY DAY, STAYING UP LATE, LOSING SLEEP, PUSHING THROUGH MY DISABILITIES, TRYING TO COMPLETE NECESSARY PAPERWORK AND TASKS TO SECURE MY RIGHTS, MUCH OF THIS PAPERWORK AND TASKS INCLUDING THIS NEW COMPLAINT AND CASE IN WHICH I AM FILING THIS TRO-THIS IS ALL AN UNDUE BURDEN AND A STRESS AND IRREPRABLE HARM IN MY LIFE, BUT A NECESSARY ACTION ΤΟ TAKE WHEN WE HAVE CLERKS BEHAVING LIKE THIS AND JUDGES CREATING ILLEGAL ORDERS.   11 OTHER IRREPRABLE HARM SUFFERED PAST AND FUTURE- 12 13     25 As a result of this harassment and discrimination, it has caused me to have a hypertensive crisis, as my blood pressure has risen above the normal 130-140 to 200+. As a result of the high stress and anxiety it caused the day of these incidents, and particularly that Friday, I was having extreme chest pains and labored breathing, I had more excessive swelling and edema in my legs and ankles, this same edema, is what also causes trouble breathing, when laying down. It is an irreparable injury any time you try to intimidate someone, threaten or harass them, or cause them to feel fear when executing their Civil Liberties, and these Clerks are responsible for all of that, and the continual threat and fear of this happening in the future, while I have an extreme amount of paper work to file still and pending, and I cannot have this undue stress, this undue burden, or any fear that she might have me locked up in the clerks officer, antagonizing me and harassing me, provoking me or even in the least bit causing me fear. I have no criminal history whatsoever. There is no reason to treat me like this or to deny me any civil liberties or use the security of the building as your person bull dogs, to threaten or harass me or to 26 intimidate me from executing my rights to file and use the court services. This sort of action is border 27 28 lining conspiracy to entrap me and cause me to have some sort of criminal record, when you threaten to bring security officers, whenever we even raise an assertive voice, or state our rights; these clerks are ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 33  Case ^c3 Document 6 Filed 11/13/24 @ 34 of 55       pulling out walkie talkies, pressing buttons, and slamming closed the filing stations, as if to punish us and intimidate us. We will not be intimidated that she's going to, or they are going to [the Spanish lady and the blond lady with tattoos Shelly or Kelly]- I'm not going to live in fear of how I move and use my rights, I have been utilizing these rights for a nearly a year, without any contention directly with the clerks, except when I came late those days stated in the incident, and encountered the pompous and disrespectful unjust stewards, trying to provoke me into a contention, a terrible situation and intimidating me. This is not acceptable, and I demand a hearing to provide oral testimony and argument. I can provide any other documents that the court may require, or in other words I am fully ready to try and provide anything the court needs to issue an emergency TRO, and I would also like my family to testify against these abuses, and how they affect me. If there is a hearing, we demand for an in-person hearing, so my family can testify of how we were locked in a cold storage as children by my stepfather, and of how this affects me daily now as I prepare to file, in my performance and execution of my rights. This is in every way unacceptable, and I will not cease to document, complain, and do everything in my power to secure justice, and my civil liberties from being molested or compromised by evil-disposed and conspiring, clerks. The whole agitating me until she feels she has enough "executive power" to press a button, while literally harassing me every 30-45 seconds while I fill out paperwork; and giggling, scoffing at me when I tell her to stop harassing me, and giggling to the other clerk about when she gets to 21 press the button, this is all so sick, disgusting and unacceptable, that yes even if it's a 5 minute conspiracy 22 they still combined, to intimidate, threaten and harass me. 23   ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 34  Case ^c3 Document 6 Filed 11/13/24 @ 35 of 55   I need this TRO, AND ALL THE FACTS CONTAINED HEREIN TO BE PROPERLY ACKNOWLEDGE so I can feel safe, and secure about filing and preparing documents. They, both clerks, need to be put on administrative leave, rebuked and retrained, and swear an oath to uphold the constitution-And possibly be completely relieved of their duties and terminated. These incidents are going into the complaint as a cause of action in ~h V. The ~1, not a matter of if, but when.     I declare (or certify, verify, or state) under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. ^a ^p 11/12/24 DATE ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 35  Case ^c3 Document 6 Filed 11/13/24 @ 36 of 55   7 8 VI. DECLARATION OF FAMILY MEMBERS IN SUPPORT OF TRO DECLARATION OF ^l ^p'S SISTER I, ^l, am writing this written statement on behalf of my brother Andrew G ~h. Growing up I ^l along with my brother Andrew ~h and sister Tara ~h experienced extreme child abuse neglect and trauma. Some of these punishments included being whipped with a belt, wooden spoon or extension cord. Being hogtied with duct tape with our hands and feet bound together while being whipped and told now try and get away. And last but not the least being locked inside the cold storage under the house. Due to this abuse my brother 9 10 and I as well as my sister developed C-PTSD, anxiety and depression. This has made life extremely hard for my brother Andrew to function and live a normal daily life. Now to express my deep 11 12 concern. Your clerk who has a duty to serve the public with respect and patience and not come to a bias about a persons disability. She failed to do her job to the best of her ability. My brother has 13 14 the right to be served with dignity and respect regardless of the clerk own personal opinions and bias. She decided to abuse her power and exploit the court to execute her own agenda at the time. 15 16 She was being bias argumentative and refusing to deescalate the situation even when told that he has C- PTSD and CHF. She then brings in security to back him into a corner and locking the door 17 18 19 20   25 leaving him with no room to escape the situation. This caused him extreme e~mal distress and pressure on his already weak heart. She could have caused a heart attack or stroke due to her behavior. I would like the court to take all this into consideration that a clerk who thinks and moves like her. Has no business working with the public if they cannot control or contain their own personal opinions and biases. Also, she should not have any interaction or discussion with him moving forward. I declare (or certify, verify, or state) under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. 11/12/24 26 27 ^l 28 DATE ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 36    Case ^c3 Document 6 Filed 11/13/24 @ 37 of 55 DECLARATION OF ^l ^p'S SISTER ORIGINAL EMAIL 4 5 6 I ^l am writing this written stalement on behalf of my brother Andrew G ~h. Growing up I ^l along with my brother Andrew ~h and sister Tara ~h expierenced extreme child abuse neglect and trauma. Some of these punishments included being whipped with a belt, wooden spoon or extension cord. Being hogtied with duct tape with our hands and feet bound together while being whipped and told now try and get away. And last but not the least being locked inside the cold storage under the house. Due to this abuse my brother and I as well as my sister developed C-PTSD, anxiety and depression. This has made life extremely hard for my brother Andrew to function and live a normal daily life. Now to express my deep concern. Your clerk who has a duty to serve the public with respect and patience and not come to a bias about a persons disability. She failed to do her job to the best of her ability. My brother has the right to be served with dignity and respect regardless of the clerk own personal opinions and bias. She decided to abuse her power and exploit the court to execute her own agenda at the time. She was being bias argumentative and refusing to deescalate the situation even when told that he has C-PTSD and CHF. She then brings in security to back him into a corner and locking the door leaving him with no room to escape the situation. This caused him extreme e~mal distress and pressure on his already weak heart. She could have caused a heart attack or stroke due to her behavior. I would like the court to take all this into consideration that a clerk who thinks and moves like her. Has no business working with the public if they cannot control or contain their own personal opinions and biases. Also she should not have any interaction or discussion with him moving forward. 7 Sincerely, ^l     DECLARATION OF CHERYL DOUGLAS, MOTHER TO ^p Honorable Judge, 14 15 Andrew has been bright, inquisive, and quickly caught things onto things as a child. But at around age 16 six years old he would experience the hardest years as a child. I married my second husband, and we had a blended family with his oldest child, [REDACTED] 17 18 19 His stepfather had been sober for about six to nine months and then relapsed. I had a three-year- 20 21 22 old and a six-month-old child. I quickly found out that the [REDACTED] things to my children that were cruel and physically abusive, and Andrew received the worst of this behavior. [REDACTED [REDACTED] I don't know all the grotesque details, but I also found out Scott would put the kids into a cold storage. 23 24 25 I later found out that my kids would be put in this under the cold storage when they were being punished 26 by their stepfather. They would be locked in there for hours. My oldest daughter came up with the idea 27 28 to bring a butter knife for them to escape this storage. Needless to say, my son suffers from PTSD from [REDACTED] under my husband's care. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 37  Case ^c3 Document 6 Filed 11/13/24 @ 38 of 55     14 15 While I was out of the home working. My son described to me an incident a couple of weeks ago, in which the doors were locked behind him at the Federal Building Court Clerk's Office. Instead of being helpful to my son. Who suffers from Congested Heart Failure. The Clerks added more pain and suffering in already delicate matters. He arrives late at the Federal Court Clerk's Office because he is suffering from heart failure. But instead of service, that is an entitlement to every citizen. Your clerks try to rush him through this paperwork. I currently work in the field of service. I have to exercise the utmost patience with the high-risk people that I serve. I have to not show my face of frustration and impatience because this could make the difference between the person being served becoming elevated or agitated. They come from all walks of life. I have to exercise a lot of restraint to be able to help the person with what they need, what they want, and what I may not be able to help with that day. I would hope the Federal Court Clerks would have some type of de-escalation training or have some sense a person is in crisis and they may be causing undue hardship to someone facing these types of diagnoses. Instead of trapping him in your quarters and causing his heart to be elevated and cause him to panic. I hope that future action from the Federal 16 17 Court Clerk's office exercises more professionalism and due care to my son and others who may have to 18 approach them to file their specific case at the Federal Court house. 19 20   25 Sincerely, Cheryl Douglas I declare (or certify, verify, or state) under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. 11/12/24 26 27 28 CHERYL DOUGLAS DATE ^avu ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 38  1 2 Case ^c3 Document 6 Filed 11/13/24 @ 39 of 55 VII. ~m FOR TRO Federal Rules of Civil Procedure Rule 65(b) - Temporary Restraining Orders   Your Honor, I am requesting an immediate issuance of a Temporary Restraining Order (TRO) due to the continuous and egregious harassment, intimidation, and discriminatory actions by court clerks, which have directly impacted my health and ability to exercise my legal rights. 8 BASED ON ALL THE DOCUMENTS IN THE DOCKETS, AND THIS AND ANY 9 WRITTEN OR ORAL ARGUMENTS THAT CAN BE PROVIDED, I AM ~mING 10 FOR THIS TRO AGAINST CLERK 'SHELLY OR KELLY' 11 AND WHICHEVER CLERK WAS PRESENT ON- 12 13 14 15 Friday November 1rst, 2024 3:50 pm approximately, Who the clerk was combining with to exercise undue, and unrighteous dominion over me, resulting in life threatening elevations of my blood pressure, and causing me much e~mal distress, and anguish on top of the deadlines and actions I am currently trying to effectuate and fulfill. 16 17   Background: [see entire document, especially I.V. incident report] I have faced ongoing harassment by court clerks "Shelly" or "Kelly," which has exacerbated my Congestive Heart Failure (CHF) and PTSD, causing severe health complications. Despite informing them of my conditions, their actions persisted, resulting in a hypertensive crisis and other serious health issues. Additionally, there have been significant procedural abuses in my cases, which further highlight the need for immediate judicial intervention. NEXT @ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 39  Case ^c3 Document 6 Filed 11/13/24 @ 40 of 55 1 Elements of TRO under FRCP 65(b): 2 1. Immediate and Irreparable Injury: 3 •   8 • 9 The clerks' harassment has led to my hypertensive crisis, with blood pressure readings consistently above 200, chest pains, and labored breathing. Past medical attention confirms that the stress caused by these incidents is life-threatening. Case Law: Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008) supports the necessity of demonstrating that irreparable harm is likely in the absence of an injunction. This ongoing threat to my health constitutes immediate and irreparable injury, justifying the need for this TRO. 10 11 2. Likelihood of Success on the Merits: 12 • 13   • • 21 • 22 My claims are supported by concrete evidence, including documented medical records, affidavits, and recorded admissions by Amazon in ~h v. Amazon - Case No.: 2:24-CV- 00729-TLN-SCR. Case Law: Glossip v. Gross, 135 S. Ct. 2726 (2015), emphasizes the need for a showing of likelihood of success on the merits. The documented harassment, procedural abuses, and medical consequences establish a strong likelihood of success on the merits of my claims. 3. Balance of Harms: The harm I face from continued harassment and intimidation significantly outweighs any potential inconvenience to the clerks if the TRO is granted. The clerks' actions have caused 23 severe health issues and disrupted my ability to pursue legal remedies. 24 • Case Law: Amoco Production Co. v. Gambell, 480 U.S. 531 (1987), highlights the importance of 25 26 27 balancing harms between the parties. Granting the TRO will prevent further harm to my health and ensure the fair administration of justice. 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 40  Case ^c3 Document 6 Filed 11/13/24 @ 41 of 55 1 2 4. Public Interest: 3 •   • 8 • 9 10 11 12 • 13 Issuing the TRO serves the public interest by upholding the rights of individuals to access the courts without fear of harassment or discrimination. It also reinforces the integrity and accountability of judicial processes. Case Law: Sierra Club v. U.S. Army Corps of Engineers, 990 F. Supp. 2d 9 (D.D.C. 2013), supports the consideration of public interest in granting injunctive relief. Ensuring that court procedures are fair and just for all litigants, especially those who are pro se, disabled, or in forma pauperis (IFP), serves the public interest. 5. Security: Given my financial status and the nature of the harm involved, I request a waiver of the security requirement. Courts often waive security for individuals proceeding IFP. 14 • Case Law: Molina v. Romero, No. 19-50617 (5th Cir. 2020), recognizes the court's discretion to 15 waive security for IFP litigants. 16 • Federal Rule: 28 U.S. Code § 1915 - Proceedings In Forma Pauperis (IFP) 17 18 Text of the statute: (a) (1) Subject to subsection (b), any court of the ~2 may authorize the commencement, prosecution, or defense of any suit, action, or proceeding, civil or criminal, 19 20   or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such person possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense, or appeal and affiant's belief that the person is entitled to redress. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 41  1 2 Case ^c3 Document 6 Filed 11/13/24 @ 42 of 55 Brief synopsis of each case, and the outstanding merits       14 1. ~h V. AMAZON - Case No.: ^c1 I was harassed and stalked by Amazon Employees for 7 months. On a recorded line Amazon confessed, [I have the recording documented, as does Amazon], as a result of a behavioral investigation, they had found employees responsible for this conduct. November 17th, 2023. After 14 days of intense chest pains and shortness of breath because of these events, I was hospitalized on Nov 20th 2023, and diagnosed with Congestive Heart Failure, Broken Heart Syndrome, Takotsubo Cardiomyopathy. 5% experience permanent heart failure. I am currently in that category. This "confessional" video, is backed up to my YouTube Channel, Set to Private, and backup across multiple other means, to preserve the integrity, of this audio document. 15 ← Channel content Video details 16 Title (required) 17 November 17th 2023-Amazon "Behavioral Team' has been investigating the actions of Employees 18 16:33 Description 19 Your video He said that Amazon Employees (agents) were found "manipulating my in game experience". November 17th 2023-Amazon "Beh... 20 Details They were found using "Bots" or alternative characters. That they would take action against all those who have been found" with "that on their hands." 21 Analytics "It could be a very big problem 22 Editor 23   ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 42  Case ^c3 Document 6 Filed 11/13/24 @ 43 of 55     14   19 Amazon Games Employees, and the responses of this court, the negligence of this court compounded with my CHF, negligence in not even allowing me a hearing for ~3, has resulted essentially in the entire destruction, of that which brought me the some of the greatest joy and happiness in my life. My ability to engage in content creation and my channels will remain dead until a protective order is created, so that I can continue my artwork, my joy, interact with my community, and attempt to salvage what has been lost; the negligence of the Court, in allowing the clear and obvious irreparable harm, to continue each day-[see @ 20-24], [see vacation of hearing, reassignment, refusal to schedule hearing for ~m to stay, etc. in ~h V. Amazon Docket, and this document] My disputes began on November 8th with Amazon, when employees that had already been harassing me for 7 months [documented and complained of] maliciously targeted me to interrupt certain Amazon Services, as well as the overall struggle of trying to tell Amazon over and over what was happening, while retail employees from all around the world would hang up the phone because they didn't know how to handle or escalate my needs, causing me to repeat the story of the abuse over and over and over again, until they finally launched the behavioral investigation. I was hospitalized Nov 20th 2023, after 12 days of intense e~mal distress due to the threats and the loss of business, and intellectual properties. 20 21 22 KAISER PERMANENTE. 23 24 Problem List (continued) as of 11/8/2024 ~h, Andrew G MRN: 110013574001 Sex: M SSN: xxx-xx-8165 Patient (continued) 25 Acute exacerbation of CHF 11/21/2023 Yes Acti (congestive heart failure) 26 Hypertensive urgency 11/21/2023 Acute pulmonary embolism 11/21/2023 Yes Acti Acti Received from Renown Health on 11/20/2023 0708 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 43      Case ^c3 Document 6 Filed 11/13/24 @ 44 of 55 2. DOUGLAS/~h V. EZRALOW - Case No.: 2:24-CV-00331 KJM-CKD In June 2022, me and my mother moved to Sacramento CA, into Montebello Apartments. I witnessed a [documented]shooting on the property, after a few months after we moved in. I was first to report this shooting to the office. Additionally, shortly after we moved in, a family moved in above us; and for 14 months our quiet enjoyment was destroyed. We were trapped in a situation of being exposed to domestic violence, while EZRALOW [all ^dfs] denied us 3 times to negotiate our rent, and denied us from moving into a 3 bedroom to escape the violence and stress. EZRALOW confessed and conceded by evicting the family who committed the domestic violence. We were trapped in that situation for 14 months, because they denied negotiations, 4 times [documented]. Minimally we succeed on the merits of 14 months of quiet enjoyment being breached, because Civil Code – CIV 1927. Implied Covenant of Quiet Enjoyment 14 15 'An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same.' 16 17 18 19 In simpler terms, this means that every rental agreement in California includes an implied covenant of quiet enjoyment. This covenant ensures that tenants have the right to use and enjoy their rented property without substantial interference from the landlord or other parties. 20 21 22 23   In evicting the nuisance party, our whole building, our small neighborhood was relieved from this constant terrorism, but the eviction itself acknowledges guild and admission from the property management, we had all been subjected to this breach of our quiet enjoyment. 28 Next @ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 44  Case ^c3 Document 6 Filed 11/13/24 @ 45 of 55     3. ~h V. THE ~2; Case No. ^c3 Judge CKD in Douglas V. Ezralow has engaged in terrible behavior, it is most cruel, sickening and disgusting; the docket is filled with examples of discrimination against Pro Se litigants, and the overall uprooting and destruction of our rights, when she removed our appeal hearing completely (it was scheduled before any defense had appeared) docket actions themselves confess of guilt, this TRO, the breakdown of the partiality, bias and discrimination against disabled, pro se, IFP litigants is manifest in both cases, and likely to manifest itself in ~h V. The ~1 Not just on one, but two occasions, have obstructed us from serving them a notice of TRO and filing the TRO explained in the next sections. They won't give 5 minutes to finish a filing, before going nuclear on the Constitution. 14     Next @ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 45  Case ^c3 Document 6 Filed 11/13/24 @ 46 of 55       21 22 VIII. CLERKS OBSTRUCT SERVICE OF NOTICE AND FILING OF TRO– FRIDAY NOVEMBER 8TH, 2024 Attempt was made to notice the clerks of TRO and file, on November 8th, 2024, but due to the difficulties imposed upon myself-being in an adversarial position against the Court, and the Government of the ~1, forced upon myself, and my mother, by the actions of the Clerks of this Court, and by the actions of ^mj Carolyn K. Delaney, we are compelled, by necessity to have to appeal 4-5 orders from the Case Douglas V. Ezralow. Due to this preparation of files, and the difficult task; I myself was compelled to arrive just later but we decided to make a call to the clerk's office to tell them to wait to be noticed of the TRO. I spoke first with someone identifying themselves as “Valerie” [November 8th, 2024, at 3:55 PM] which in attempted to explain to her that we needed to notice the clerks, of the TRO, and immediately she hung up the phone. [see call log at the bottom] I called again and spoke with the Spanish lady, and told her we needed her to stay open, so we could notice the TRO-she was extremely combative, but yet again I tried to tell her that we needed to serve her a TRO Notice and to stay open, My sister arrived at 4:03pm, and found the clerk's office closed. The Clerks, in spite of being told that we needed to do an emergency TRO filing—| Well as stated, one of the Clerks [Valerie?] just hung up the phone. The other clerk [The Spanish Lady]is a bit more subtle, meaning she stops to calculate, and then with her typical pompous obstinance, in which she will try by any means not to do anything, or claim the clerk can do nothing, outside the scope of stamping a paper."
   },
   {
     "id": 7,
     "text": "If you ask her to do anything else, she basically turns into a cold and intimidating person. 23 24 +1916-930-4000   Outgoing call Imin 48sec Nov 8, 3:55 PM Outgoing call Nov 8, 3:57 PM Imin 38sec Cal Video call Message ~m FOR EMERGENCY TRO RESTRAINING ORDER- ^avu * @ 46  Case ^c3 Document 6 Filed 11/13/24 @ 47 of 55 1 Albeit, we were arriving late, but once again if she would have just taken 5 minutes to help correct 2 things her department has done. Or in other words, these filings are because of mistakes that have 3 dreadful consequences on our action, 4 5 Instead if you point out the mistakes or errors of the choices of the clerk, they turning 6     I declare (or certify, verify, or state) under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Rest ^l ^a 11-12-24 DATE ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 47    Case ^c3 Document 6 Filed 11/13/24 @ 48 of 55 IX. CLERK OBSTRUCTS SERVICE O NOTICE AND OF TRO AGAIN – TUESDAY NOVEMBER 12TH 2024 4   On Tuesday, 11/12/24 after struggling much to revise and prepare this document to be given as notice to the Clerk's office of the ~dc, ~ed, me and my sister Lauren aimed to arrive at 3:20PM. As one can attest, by the size, the scope and the complexity of this situation in which I am fighting tooth and nail- for every last shred of my civil liberties-I unfortunately was unable to leave the house earlier due to certain aspects, and pieces of ^xs, or citations that I felt needed to truly be a part of this document. Nevertheless, I still made an asserted effort to arrive 20 minutes before the closing of the Clerk's Office. SNAPSHOT OF OUR [Andrew and ^l] CONVERSATION VIA TEXT SMS 11/12/24 12 13 14 ← Laureny I'm on the way are you there   19 Just got parked 3:30 PM Eta 3:40 PM I let clerk know we are filing the paperwork 3:41 PM I believe its the supervisor 20 21 22 3.45 PM 3:30 PM SMS like this traffic just like before the exit it's like super dumb But it says I'm driving in like 8 minutes 23 Perfect i parked near train station 3:46 PM 24 There was still a open spot 3:46 PM 25 26 27 NEXT @ 28 3:46 PM SMS ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 48  Case ^c3 Document 6 Filed 11/13/24 @ 49 of 55   7 My sister Lauren Arrives fairly early around 330pm and makes it into the Clerk's Office informs the Clerks of our filing. She is there literally 27 minutes before it closes. At 20 minutes until it closes the Spanish clerk, informs my sister ^l that they close at 4pm.   11 As an act of God, or just plain bad luck, as I am approaching the Exit to I-5 north at this junction [pictured below]. I say act of God because the stalled car, caused me to arrive yet again, 7-8 minutes before closing; and any pressure of time I had planned against, to allow the ease of filing without contention-but alas this is not what happened. Stalled car approximately at red circle [pictured below]. 3rd St V.St 4th St V St 12 13 14 15 Victorian Alley W St Southside Park Cominunity Garden Stream 16 17 18 19 20   25 26 50 Capital City F I arrived approximately 6-7 minutes before the clerk's office closes. Now again I say it was an act of God because instead of having a smooth exchange, we were given a sword. There was once again cast a sword between us, and a choice presented itself. Or rather the Clerks were given the choice to either choose the angels of their better nature and behave as just stewards or choose the angel of their more evil nature and trample us and abuse their authority. Immediately the Spanish clerk starts harassing us, you need to hurry we are closing in 5 minutes, and we just agree, then the Spanish clerk again says something like, you're always doing and literally starts railing and accusing me and fires up the contention, again. So, my sister being present this time, and having arrived nearly a whole half-hour earlier, was 27 28 there to attempt to diffuse the situation, and advocate for me. I was shuffling papers, and secured my ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 49  Case ^c3 Document 6 Filed 11/13/24 @ 50 of 55 1 phone, and leaned it by itself against the glass but didn't have the record going unfortunately. The 2   8 Spanish lady was railing us again about something, I can't remember, it all escalated to quickly, and then in the middle of our transaction, after she told us 4-5 times and literally wouldn't stop harassing us and instigating a contention, and it didn't have to go down like this. She could have just let us exercise our rights, and she could have been a just steward of the law, and filed the paperwork. Instead in the last minute or so someone gets a wild hair behind the clerk counter, the Spanish lady is just itching to have a reason to reject us and cancel our filing. Some unknown mail clerk that I've never met before walks up, waves his hands like Michael Jackson saying something about how we have to leave, and the Spanish lady pushes our paper work off the desk, and 9 10 slams the windows closed and tells us to leave, as they both start using intimidating, threatening, and 11 harassing behavior, so as to appear to be signaling or calling the security again, simply because we as     citizens went from a friendly to assertive voice, when she wouldn't stop harassing us and instigating a contention. I say again, act of God because, they had a choice. This last three weeks has been literal hell for me. This court has tried everything its power, including having me locked in the clerk's office, surrounded by glaring security guards, and the gnashing, gnawing threats of these clerks simply because we asked them to accommodate us and finish the filing. My sister literally asked the Spanish clerk to accommodate my disability because I had been revising, editing, and preparing this document, so that its quality and integrity would be of a greater quality to be acceptable, as it is terribly important, at this point as I have been suffering from extreme exhaustion and Hypertensive Crisis, I've had my 5th amendment trampled as my appeal hearing was gutted and dissolved by Judge CKD, I've suffered every manner of discrimination, harassment and intimidation, even the girl with the glasses, the clerk with the glasses was mocking us and laughing at us while the Spanish clerk and the boy clerk were huffing and puffing and slamming the windows closed, cancelling our filing, and ordering us to leave while threatening to call security. I was compelled to then begin to film them with my cell phone, and I told them, that according to FEMA we have the right to film federal employees in their capacity of their duties, in publicly accessible areas. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 50  1 2 Case ^c3 Document 6 Filed 11/13/24 @ 51 of 55 https://www.fema.gov/fact-sheet/first-amendment-rights-federal-facilities   First Amendment Rights in Federal Facilities English 7   18 Release Date: September 22, 2023 Visitors may enter federal facilities, including Disaster Recovery Centers, the Joint Field Office, Branch offices and other locations that are open to the public. When federal employees interact with visitors, be aware of the following. ■ Visitors may not be disruptive or threatening. ■ They may not intrude on others' privacy, photograph or take video of disaster survivors without consent, film or record in non-public spaces. In these circumstances, the visitor may be asked to leave. ■ Everyone has a right to photograph, film or record government facilities and employees in publicly accessible locations. ■ Visitors may ask employees who they are or who is their supervisor. Employees do not have to respond. • Federal employees are reminded not to touch, demand ID, restrain or detain or seize equipment or personal items. Be professional and considerate in interactions with the public. If you have a question about appropriate behavior, consult your supervisor. 19 20   I'm not going to provide an exhaustive argument, about the rules, as it is now 3:30 am. Previous to this I checked local rules and FRCP. The Eastern ~dc is also lacking a Marshal, or it has been vacated, and consequently may not have the latest rules, policies and procedures enforced. However convenient to these Clerks and their pompous and abusive behavior and abuse of authority, they told us "We can't film them", we stated the above rule, and regardless, we have a right to film any public employee engaged in harassment and intimidation of citizens. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 51  Case ^c3 Document 6 Filed 11/13/24 @ 52 of 55     14 15 16 This wanton, reckless, rude, abusive, ugly and arrogant behavior after they have been explicitly informed of our disabilities, and asked to reasonably accommodate and file the paperwork-their refusal compelling us to have to drop the packet of papers over the clerk window, because they were altogether refusing to accept the service of notice, and the girl with glasses was mocking and laughing at us, standing by the printer. This behavior is no longer a shade of any mistake. No one of them can be excused because of these actions and this is a CRIME and an obstruction of justice, and willful negligence and abuses of the ADA American's with disabilities act. I might have a voice, and thank God I have a voice, and I have enough willpower to muster this together, and family that has helped me come this far, because all other American's without any sort of advocacy or support circle, will be utterly trampled, abused, and destroyed and left to decay by the wayside, to these pompous and arrogant, unjust stewards of the law. I want to be there earlier, trust me, but I also want to protect my rights and create documents that are sound and represent everything true to the facts with as much research and integrity as possible. I accept my weakness, my downfall, but it wouldn't be like this if this Court actually lifted a finger to shine even the tiniest shred, or the smallest ray of justice in my direction- what I have experienced here is disgusting. This is unacceptable. All of this could be solved by just closing their mouth for 4 minutes and upholding the sacred exercise of 17 18 Whatever scoffing or cynical justification these employees are using to justify this sort of 19 behavior, or perhaps backbiting, or just plain altogether simply being inconsiderate and arrogant. 20   NEXT @ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 52  Case ^c3 Document 6 Filed 11/13/24 @ 53 of 55   Maybe they are offended if I asked for some unfathomable amount of money as damages to any action, it doesn't matter- as stewards who have sworn and oath to the Constitution, I would hope they are obligated to swear an oath, because they need to read it every day when they open those windows for business. I have been through literal and utter hell this last year, and I deserve relief, and injunctive 4 5 relief; that I might have the liberty to try and piece back together my former life. 6     I declare (or certify, verify, or state) under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. ^l ^a 11/12/24 DATE ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 53    Case ^c3 Document 6 Filed 11/13/24 @ 54 of 55 X. NOTICE OF PREPARATION OF WRIT OF CERTIORARI "GOVERNMENTS ARE INSTITUTED AMONG MEN, DERIVING THEIR JUST POWERS, FROM THE CONSENT OF THE GOVERNED" The Government and all its branches and services are the footstool of American Citizens THE DECLARATION OF INDEPENDENCE 7   18 19 This document is to be mailed, via Certified mail directly to, or to the administration of- The Supreme Court of the ~1, The Ninth Circuit Appellate Court, Governor Gavin Newsom, The White House c/o President Elect, The Israeli Mossad [2.], and The Church of Jesus Christ of Latter-Day Saints [3], and the Attorney General for the ~2. Noticed to the House of Judah *[2], and to the House of Ephraim *[3.], that Israel may be as a witness against you [The Eastern ~dc, Government of the USA], and that you might have understanding, of the word "Judge" or "Judgement" - whence derived, according to its etymology. ETYMOLOGY OR ROOT DERIVATIVES FOR THE WORD JUDGE, JUDGEMENT Wiktionary states "From Middle English juge, jugge, from Old French juge, from Latin iūdex, [4.] I will add guided precision, Latin Iudaea, or as in Rex Iudaeorum [5.] and to narrow it down even further. Greek: Ἰουδαία, and finally from the Hebrew, יהודה - the Hebrew Given Name, Judah. ]6.[ 20 21 22 23 *[1.] ~h V. The ~1, pg. 1 of this document, Case No. ^c3 Eastern ~dc of California [2.] Remnant of the Tribe of Judah [3.] Scattered and gathered remnants of the Tribe of Ephraim and many other tribes, gathered in according to their faith in the God of Israel, and the Messiah, which concepts are of [2.] related to [2.) and altogether 24 have its function and existence due to the House of Judah and covenants between God and Israel. [4]. https://en.wiktionary.org/wiki/judge [5]. This Document* "the scepter shall not 25 depart from Judah" is a prophecy from Jacob's blessing of Judah in Genesis 49:10, name of Judea in Latin, and 'King of the Jews' in Latin. [6]. Name Judah Wikipedia 26 27 28 Next @ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 54  Case ^c3 Document 6 Filed 11/13/24 @ 55 of 55 1 In conjunction with the my pending amendment of the complaint, and the filing of my 2 3 4 opposition to the recommendations an findings [see docket item document 4: FINDINGS and RECOMMENDATIONS signed by ^mj Allison Claire on 11/1/2024] (Note: the Writ of Certiorari is NOT being initiated because of docket item 4, quite the opposite as I am very pleased to 5 respond to the recommendations and findings, and provide amended punctuation, and clarification to 6 7 things stated in the complaint, as this complaint was filed in haste and under much stress, mostly dictated by the speech to text function within Microsoft Word) 8 The Writ of Certiorari is being initiated as a consequence to the actions that caused the need for this TRO, as a consequence, to perpetual abuses, perpetual discrimination, (against in pauper, 9 10 11 12 pro se, disabled, litigants) perpetual intimidation, perpetual violations of civil liberties, personal injury to my e~mal and mental state, for the causing of much undue stress, illness, physical and e~mal harm, to myself and my family- 13   21 22 23 I am therefore obligated and compelled to appeal to The Supreme Court of the ~2, circumventing appeals through the Ninth District, as a result of the constant barrage of abuse from this court, the ~dc, ~ed. This will be filed and served, ideally and tentatively by Friday November 15th, 2024. In more simple or rudimentary terms, I am suffocating right now trying to find one single speck of a right that I have in this court, the ~dc, ~ed. The clerks expressing this attitude that I don't have any rights to file, or schedule a hearing, judges vacating and disintegrating properly initiated hearings by sleight of hand, among many other things that are abundantly documented, and witnessed upon and by review— of the associated dockets, referenced in the Complaint, and Cross-Claims associated with this case.   ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 55    Case ^c3 Document 6-1 Filed 11/13/24 @ 1 of 7 ^a ~pa, 95827 (916)-365-5434 ^e 4 ^a, IN PRO PER   ^c6 Case No.: ^c3 11 ^a, 12 ^p, 13 V. 14 ~1 15 ^dfs. 16 CROSS-CLAIM 17 Case No.: ^c1 18 ~h V. ^am 19 20   CROSS-CLAIM Case No.: 2:24-CV-00331 KJM-CKD Douglas V. The Ezralow Company LLC, et. al PROPOSED ORDER: ~m FOR EMERGENCY TRO OR RESTRAINING ORDER DUE TO CLERKS AGGRESSIVE HARASSMENT - CAUSING HYPERTENSIVE CRISIS, UNDUE STRESS, AND EXACERBATING HEART FAILURESTATUS ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 56  Case ^c3 Document 6-1 Filed 11/13/24 @ 2 of 7 1 ^c6 2 ^a, ^p, 3 V. 4 ~1, ^df. 5 Case No.: ^c3 6 [Case Numbers for Cross-Claims]     PROPOSED ORDER FOR TEMPORARY RESTRAINING ORDER THIS MATTER came before the Court on ^p ^a's ~m for a Temporary Restraining Order (TRO). Upon consideration of the ~m, supporting documents, affidavits, and ^xs, and for good cause shown, the Court FINDS as follows: 1. Immediate and Irreparable Injury: ^p has demonstrated that he will suffer immediate and irreparable injury, loss, or damage in the absence of a TRO, due to the ongoing harassment and intimidation by court clerks, which have exacerbated his serious medical conditions. 2. Likelihood of Success on the Merits: ^p has provided sufficient evidence to establish a likelihood of success on the merits of his claims. 3. Balance of Harms: The harm to ^p if the TRO is not granted outweighs any potential harm to the ^dfs. 4. Public Interest: The issuance of the TRO serves the public interest by ensuring that individuals can access the courts without fear of harassment, intimidation, or discrimination. THEREFORE, ~o THAT: 1. The ^dfs and their agents, employees, and representatives, including but not limited to court clerks “Shelly” or “Kelly” and any involved supervisors, are immediately restrained and enjoined from engaging in any form of harassment, intimidation, or discriminatory behavior towards ^p. 2. The ^dfs are to take immediate steps to ensure that ^p can access the court and file documents without fear of harassment or intimidation. This includes ensuring that no 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 57  Case ^c3 Document 6-1 Filed 11/13/24 @ 3 of 7   unnecessary security measures are taken against him unless there is a legitimate and documented security concern. 3. The clerks “Shelly” or “Kelly” involved in the incidents are to be placed on administrative leave pending further investigation into their conduct. 4 5 4. A hearing on this matter is scheduled for 6 at which time the Court will consider whether to extend this TRO and address any additional relief requested by ^p. 5. ^p is not required to provide security for the issuance of this TRO due to his in forma pauperis status and the nature of the harm involved.     SO ORDERED this DATE ~2 District Judge OR ^mj_ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 58    Case ^c3 Document 6-1 Filed 11/13/24 @ 4 of 7 ^a ~pa, 95827 (916)-365-5434 ^e 4 ^a, IN PRO PER   ^c6 Case No.: ^c3 11 ^a, 12 ^p, 13 V. 14 ~1 15 ^dfs. 16 CROSS-CLAIM 17 Case No.: ^c1 18 ~h V. ^am 19 20 21 CROSS-CLAIM Case No.: 2:24-CV-00331 KJM-CKD Douglas V. The Ezralow Company LLC, et. al 22 23   PROPOSED ORDER: DISABLITY ACCOMIDATION REQUEST REQUEST TO FINISH TRANSACTIONS ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 59    7 8 Case ^c3 Document 6-1 Filed 11/13/24 @ 5 of 7 DISABILITY ACCOMODATION - REQUEST FOR CLERK TO FINISH PENDING TRANSACTIONS ^c6 ^a, V. 9 ~1, 10 Case No.: ^c3 11 12 ^c6 13 ^a, ^p, 14 V. 15 ~1, ^df. 16 Case No.: ^c3 17 18 19 PROPOSED ORDER FOR COMPLETION OF TRANSACTION THIS MATTER came before the Court on ^p ^a's ~m for 20   25 the completion of a legal transaction initiated before the court clerks. Upon consideration of the ~m, supporting documents, and applicable law, the Court FINDS as follows: 1. ADA Compliance: Under Title II of the ADA and Section 504 of the Rehabilitation Act, ^p has the right to reasonable accommodations to ensure equal access to court services. 2. Due Process and Equal Protection: Denial of service and refusal to complete the transaction violated ^p's constitutional rights to due process and equal protection. 26 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 60      14 Case ^c3 Document 6-1 Filed 11/13/24 @ 6 of 7 Legal Protections and Rights for Disabled Persons 1. Americans with Disabilities Act (ADA) 。 Title II: This title prohibits discrimination on the basis of disability by public entities, which include state and local courts. Requirement: Public entities must make reasonable modifications to their policies, practices, or procedures to avoid discrimination unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity. 2. Section 504 of the Rehabilitation Act of 1973 。 Overview: This statute prohibits discrimination on the basis of disability in programs and activities that receive federal financial assistance, including public services provided by courts. Requirement: Reasonable accommodations must be provided to ensure equal access to services. Case Law Supporting Access to Courts 1. Tennessee v. Lane, 541 U.S. 509 (2004) 15 16 Overview: The Supreme Court held that Title II of the ADA applies to state 17 courthouses and mandates that people with disabilities have access to the judicial 18 process. 19 Relevance: This case supports your right to reasonable accommodations in 20   25 accessing court services. 2. Boddie v. Connecticut, 401 U.S. 371 (1971) Overview: The Supreme Court held that the state cannot deny access to its courts to individuals seeking to file for divorce due to inability to pay filing fees. Relevance: Establishes the broader principle that individuals have a right to access the courts. 26 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 61  Case ^c3 Document 6-1 Filed 11/13/24 @ 7 of 7 1 Relevant Constitutional Protections 2 1. Due Process Clause of the Fifth and Fourteenth Amendments     11 Overview: Guarantees that no person shall be deprived of life, liberty, or property without due process of law. Relevance: Ensures that you have the right to a fair legal process, which includes the ability to file documents and access court services without undue hindrance. 2. Equal Protection Clause of the Fourteenth Amendment Overview: Prohibits states from denying any person within their jurisdiction the equal protection of the laws. Relevance: Ensures that you are treated equally and not discriminated against based on disability. 12 13     25 THEREFORE, ~o THAT: 1. The court clerks shall do their job, and exercise just powers to secure the flow of rights and access to filing services, and complete the transaction of the ^p if he has arrived before closing hours. 2. The clerks shall provide reasonable accommodations to ^p to ensure his access to court services without harassment or intimidation. 3. The clerks involved shall undergo review and potential disciplinary action to prevent future occurrences. 26 27 SO ORDERED this DATE 28 ~2 District Judge OR ^mj ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 62  ### MINUTE ORDER ### Full docket text for document 6: [STRICKEN pursuant to [7] Minute Order] ~m for TEMPORARY RESTRAINING ORDER by ^a. (Attachments: # (1) Proposed Order) (Mena-Sanchez, L) Modified on 11/14/2024 (Court, JD).  Firefox 1 of 1 ### MINUTE ORDER ### Full docket text for document 7: https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?385230771860605... MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy J. Anderson for ^mj Allison Claire on 11/14/2024. The documents captioned "~m for Emergency TRO or Restraining Order" (ECF Nos. [5], [6]) are HEREBY STRICKEN as frivolous. The putative ~ms do not clearly specify the relief sought, appear to seek orders addressing the actions of court staff who are not potential parties to the underlying action, and have no plausible basis in fact or cognizable basis in law. No further ~ms will be considered while the Findings and Recommendations at ECF No. [4] are pending before the District Judge. (Anderson, J) 11/14/2024, 1:20 PM  ### MINUTE ORDER ### Full docket text: SERVICE BY MAIL: [7] Minute Order served on ^a. (Anderson, J)  ### MINUTE ORDER ### Full docket text for document 7: MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy J. Anderson for ^mj Allison Claire on 11/14/2024. The documents captioned "~m for Emergency TRO or Restraining Order" (ECF Nos. [5], [6]) are HEREBY STRICKEN as frivolous. The putative ~ms do not clearly specify the relief sought, appear to seek orders addressing the actions of court staff who are not potential parties to the underlying action, and have no plausible basis in fact or cognizable basis in law. No further ~ms will be considered while the Findings and Recommendations at ECF No. [4] are pending before the District Judge. (Anderson, J)  LIVE 1.8.3 NEXTGEN CM/ECF - ^c5 https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?197483497922622... 1 of 1 ### MINUTE ORDER ### Full docket text for document 7: MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy J. Anderson for ^mj Allison Claire on 11/14/2024. The documents captioned "~m for Emergency TRO or Restraining Order" (ECF Nos. [5], [6]) are HEREBY STRICKEN as frivolous. The putative ~ms do not clearly specify the relief sought, appear to seek orders addressing the actions of court staff who are not potential parties to the underlying action, and have no plausible basis in fact or cognizable basis in law. No further ~ms will be considered while the Findings and Recommendations at ECF No. [4] are pending before the District Judge. (Anderson, J) 1/30/2025, 9:14 AM  Firefox 1 of 1 https://ecf.caed.uscourts.gov/cgi-bin/HistDocQry.pl?137801103741486... ### MINUTE ORDER ### Full docket text for document 8: CONSENT/DECLINE of U.S. ^mj Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Benson, A.) 11/29/2024, 2:36 AM  Case ^c3 Document 9 Filed 01/21/25 @ 1 of 2   7 8 9 ~2 ~dc FOR THE ~ed 10 11 ^a, No. 2:24-cv-2988 DJC AC PS 12 ^p, 13 V. ORDER 14 ~1, 15 ^df. 16 17   22 23 ^p, proceeding pro se, filed the above-entitled action. The matter was referred to a ~2 ^mj pursuant to Local Rule 302(c)(21). On November 4, 2024 the ^mj filed findings and recommendations, which were served on ^p and which contained notice to ^p that any objections to the findings and recommendations were to be filed within 21 days. ECF No. 4. ^p has not filed objections to the findings and recommendations. The Court has reviewed the file and finds the findings and recommendations to 24 25 26 be supported by the record and by the ^mj's analysis. Accordingly, ~o that: 27 1. The findings and recommendations filed November 4, 2024, are adopted in 28 full; and 1  Case ^c3 Document 9 Filed 01/21/25 @ 2 of 2 1 2. ^p's request to proceed in forma pauperis (ECF No. 2) is GRANTED but 2 the complaint (ECF No. 1) is DISMISSED because it is frivolous; and 3 3. The Clerk of the Court is directed to close this case. 4 IT IS SO ORDERED. 5 6 Dated: January 17, 2025 7 Daniel J. Calabretta Hon. Daniel alabretta ~2 DISTRICT JUDGE     2  Case ^c3 Document 10 Filed 01/21/25 ^c6 @ 1 of 1 ^a, JUDGMENT IN A CIVIL CASE CASE NO: ^c3 V. ~1, Decision by the Court. This action came before the Court. The issues have been tried, heard or decided by the judge as follows: IT IS ORDERED AND ADJUDGED THAT JUDGMENT IS HEREBY ENTERED IN ACCORDANCE WITH THE COURT'S ORDER FILED ΟΝ 1/21/2025. ^e: January 21, 2025 /s/ Keith Holland Clerk of Court    Case ^c3 Document 1 Filed 10/30/24 @ 28 of 31 VII. COMPENSATORY AND PUNITIVE DAMAGES 4 WHEREFORE, ^p prays for a Jury trial and judgement against the ^dfs, and 5 for each of the following items, DUE TO ALL CAUSES OF ACTION 6 7 8 1. For past, present and future general damages; with interests and consideration of economic inflations, and Demand for a Jury Trial; 9     2. For past, present and future special damages, including but not limited to past, present and future lost earnings, economic damages and others, damage to intellectual properties; with interests and consideration of economic inflations; 3. For past, present, and future suffering, as ^p is also witnessing the suffering of his family members in mourning his life cut significantly shorter; with interests and consideration of economic inflations; 4. For past, present, and future medical expenses, statutory damages, cost of suit, for interest and inflation as permitted by law; medical expenses to secure future heart, lung, and kidney transplants or surgeries as these organs begin to deteriorate along with the heart in cases of CHF. 5. For emergency funeral expenses if ^p passes away at any time due to complications of CHF; For items 1-5 ^p is pursuing $33 Billion Dollars USD in compensatory damages, for any and or all of these appropriate damages; 6. For appropriate treble damages, and finally for causing a permanent lifelong chronic disability to the ^p due to THE ~1'S terrible acts of Malice, Fraud and Oppression, ^p is pursuing the amount of $70 Billion Dollars USD in punitive and exemplary damages; 7. For injunctive relief and for any further relief as the court may deem proper. 10-30.24 28 DATE ^p IN PRO PER ~h V. THE ~1 - COMPLAINT - @ 28  CLAIM FOR Agancy Copy DAMAGE02988-DJINSTRUSIONSiergage read eagerly instucting grethe 9 off INJURY, OR DEATH 1. Submit to Appropriate Federal Agency: AGency reverse side and supply information requested on both sides of this form. Use additional sheet(s) if necessary. See reverse side for additional instructions. y Copy ~2 DI DISTRICT T COURT ~ed 3. TYPE OF EMPLOYMENT MILITARY X CIVILIAN 4. DATE OF BIRTH APRIL 4, 1982 5. MARITAL STATUS SINGLE FORM APPROVED OMB NO. 1105-0008 2. Name, address of claimant, and claimant's personal representative if any. (See instructions on reverse). Number, Street, City, State and Zip code. ^a ~pa, 95827 (916)-365-5434 ^e ^a, IN PRO PER 6. DATE AND DAY OF ACCIDENT INCIDENTS BEGAN APPROX MARCH 30, 2024 AND CONTINUE TO PRESENT DAY, 7. ΤΙΜΕ (Α.Μ. OR P.M.) AM 8. BASIS OF CLAIM (State in detail the known facts and circumstances attending the damage, injury, or death, identifying persons and property involved, the place of occurrence and the cause thereof. Use additional @s if necessary). DECLARATIONS AND CLAIMS MAY BE SEEN IN THE ATTACHED LAWSUIT/COMPLAINT. CAUSES OF ACTION ARE LISTED WITHIN THE COMPLAINT; WHICH ARE SEVERAL FOLD. PRIMARILY NEGLIGENCE OF THE COURT, ^c6, There have been several instances of neglect, which have altered the course of litigation, and have obstructed the path toward justice. In the Case of ~h V. ^am, -- Case No.: ^c1 Docket items 4, 7, 9, and 12 were items relevent for my ~4, which wasn't given an Ex Parte date, or even an opportunity to litigate why my case was removed to Federal Court. There have been 7 months passed, in which still nothing has been acknowledged or spoke of concerning this ~m, which drastically changes the structure and alters the fate of the litigation all together. Clerks failed to add docket item 15, and we found the error. We spoke to the clerk and he modified it (as reflected 4/5/2024) and stated the judge would have never known the ~m even existed, for ~3 since the clerk never had entered it into the court calendar, despite it having no defects. In case No. 2:24-CV-00331 KJM-CKD -- Judge CKD Shielded the clerk, court, and the defense, and gave the defense several advantages, see docket and complaint, then completely vacates and annuls the ~m. See attached complaint for a detailed report, there are several other claims, listed inside the complaint. Reflecting overall that the court system has become corrupted, convoluted, and deters the average citizen from using it. PROPERTY DAMAGE 9. NAME AND ADDRESS OF OWNER, IF OTHER THAN CLAIMANT (Number, Street, City, State, and Zip Code). LAWSUIT WILL BE FILED UNDER THE FEDERAL TORTS CLAIM ACT AND DOES NOT PERTAIN TO ANY PROPERTY DAMAGE PRESENTLY. BRIEFLY DESCRIBE THE PROPERTY, NATURE AND EXTENT OF THE DAMAGE AND THE LOCATION OF WHERE THE PROPERTY MAY BE INSPECTED. (See instructions on reverse side). If describing my mental health, as my property, and my liberty, as my property which verily, they are mine. As Inalienable rights, these are, and among them is the right to due process, and I am here to declare that this right has been robbed, and the process has become altogether Itogether corrupted and alienates the person of normal intelligence, and instills fear into their being, being, and and t the common citizen has develop such mistrust and disenchantment of the legal system that most injustice upon which one may desire to pursue, they statistically most likely to a) fear the system or b) have zero confidence in the system our most sacred insititution has eaptured liberty and she is prostituded, and justice is not pursued it is purchased. These barriers I have tread through, and after a solid year of attempting to pursue justice, one of my cases is in utter limbo and I am without injunetive Relief because of the negligence and a system that is functionally dead to the common citizen or Pro Se litigant. Thus is the compelling consequence that we must invoke Respondeat Superior, that the "master" may answer for the mistakes made by its "officers", to preserve a greater sense of accountability and diligence among the systems employees. Which again. I am the only one not getting paid to be here, vet I will wake to pursue, and secure my rights. Which the jaws of an unseen hell. gape open aghast to consume and destroy.... 10. PERSONAL INJURY/WRONGFUL DEATH STATE THE NATURE AND EXTENT OF EACH INJURY OR CAUSE OF DEATH, WHICH FORMS THE BASIS OF THE CLAIM. IF OTHER THAN CLAIMANT, STATE THE NAME OF THE INJURED PERSON OR DECEDENT. The damage is incalcuable, especially when factoring in that the Average American doesn't even look at the court system as a possible solution for an injustice. The course of my litigations are forever affected, I am compelled to file a lawsuit because of seemingly incessant mistakes of the clerk. I have to consume my time, of my life to ensure that justice will be meted out correctly. I am compelled to file a lawsuit against the USA so that these officers in the court system who are getting paid and employed to be just stewards of the law-- I have to use my time and my life not getting paid, to make sure these officers and stewards do their job, or in otherwords to have justice meted out, accountability, and due diligence applied in a place where you would expect it to be quite natural. Not that I am complaining as if I should be compensated for my time in this respect, I am simply describing the nature of my life being torn, and molested, by the corruption and the negligence of the stewards of our most sacred institutions, where Law and Justice are expected to flow together; but they are a labyrinth to entreat, they are ominous and fear invoking cruel monster to the average citizen of Normal intellect. The nature and extent of the damage at this time in INCALCUABLE. The nature and the damage upon the Citizenry is unforgivable. 11. THESE PLAIN FACTS ARE WITNESSED WITNESSES THE COMPLAINT AND SIMPLE FACTS ARE BEING MAILED TO ALL NAMED PARTIES BELOW. THESE DRAGONS (AMAZON, USA, &CO.) WILL BE JUDGED IN THE LIGHT. NAME ADDRESS (Number, Street, City, State, and Zip Code) Elohim, God The Father Yehuvah, God the Son Ruakh Ha'Kodesh God The Holy Ghost Elon Musk Donald Trump The ~h Family The CIA The FBI Microsoft The Church of Jesus Christ of Latter-Day Saints The Israeli Mossad The Knesset Sayaret Metkal 12. (See instructions on reverse). The Supreme Court WikiLeaks Gavin Newsom Jim Carrey Claudia Sheinbaum Amala Ratna Zandile Dlamini The White House Google Amazon THE PARTIES ON THE LEFT ARE WITNESSES IN THAT THEY WILL BE INFORMED AND GIVEN THE SAME DOCUMENTS REVEALING THE ABUSES, NEGLIGENCE AND CORRUPTION AND VIOLATION OF THE 5TH AMMENDMENT. ADDRESSES ARE TOO MANY TO LIST BUT TILL PROVIDED IN FORM OF RETURNS AND PROOFS OF SERVICE. 12a. PROPERTY DAMAGE AMOUNT OF CLAIM (in dollars) 1776 12b. PERSONAL INJURY 12c. WRONGFUL DEATH 3 Million Dollars - Which will be used to create a Meta Search Engine and Database of all Legal text and rulings, from every Court, and all the experience and Legal intelligence, born under the Constitution. Available to all as a search engine. 12d. TOTAL (Failure to specify may cause forfeiture of your rights). 33 Million Dollars Tex I CERTIFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE INCIDENT ABOVE AND AGREE TO ACCEPT SAID AMOUNT IN FULL SATISFACTION AND FINAL SETTLEMENT OF THIS CLAIM. 13a. SIGNATURE OF CLAIMANT (See instructions on reverse side). CIVIL PENALTY FOR PRESENTING FRAUDULENT CLAIM The claimant is liable to the ~2 Government for a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages sustained by the Government. (See 31 U.S.C. 3729). 13b. PHONE NUMBER OF PERSON SIGNING FORM 14. DATE OF SIGNATURE (916)-365-5434 10/24/2024 CRIMINAL PENALTY FOR PRESENTING FRAUDULENT CLAIM OR MAKING FALSE STATEMENTS Fine, imprisonment, or both. (See 18 U.S.C. 287, 1001.) Authorized for Local Reproduction Previous Edition is not Usable 95-109 NSN 7540-00-634-4046 STANDARD FORM 95 (REV. 2/2007) PRESCRIBED BY DEPT. OF JUSTICE 28 CFR 14.2  CLAIM FOR DAMAGE02988-DJINSTRUSTUONSerage ready gage instructions nathgo ument reverse side and supply information requested on both sides of this age 30  OTOMB NO. 1105-0008 ath PRO INJURY, OR DEATH form. Use additional sheet(s) if necessary. See reverse side for additional instructions. 1. Submit to Appropriate Federal Agency: ^c6 3. TYPE OF EMPLOYMENT 4. DATE OF BIRTH 5. MARITAL STATUS MILITARY   CIVILIAN APRIL 4, 1982 SINGLE 2. Name, address of claimant, and claimant's personal representative if any. (See instructions on reverse). Number, Street, City, State and Zip code. ^a ~pa, 95827 (916)-365-5434 ^e ^a, IN PRO PER 6. DATE AND DAY OF ACCIDENT INCIDENTS BEGAN APPROX MARCH 30, 2024 AND CONTINUE TO PRESENT DAY, 7. TIME (A.M. OR P.M.) AM 8. BASIS OF CLAIM (State in detail the known facts and circumstances attending the damage, injury, or death, identifying persons and property involved, the place of occurrence and the cause thereof. Use additional @s if necessary). DECLARATIONS AND CLAIMS MAY BE SEEN IN THE ATTACHED LAWSUIT/COMPLAINT. CAUSES OF ACTION ARE LISTED WITHIN THE COMPLAINT; WHICH ARE SEVERAL FOLD. PRIMARILY NEGLIGENCE OF THE COURT, ^c6, There have been several instances of neglect, which have altered the course of litigation, and have obstructed the path toward justice. In the Case of ~h V. ^am, -- Case No.: ^c1 Docket items 4, 7, 9, and 12 were items relevent for my ~4, which wasn't given an Ex Parte date, or even an opportunity to litigate why my case was removed to Federal Court. There have been 7 months passed, in which still nothing has been acknowledged or spoke of concerning this ~m, which drastically changes the structure and alters the fate of the litigation all together. Clerks failed to add docket item 15, and we found the error. We spoke to the clerk and he modified it (as reflected 4/5/2024) and stated the judge would have never known the ~m even existed, for ~3 since the clerk never had entered it into the court calendar, despite it having no defects. In case No. 2:24-CV-00331 KJM-CKD -- Judge CKD Shielded the clerk, court, and the defense, and gave the defense several advantages, see docket and complaint, then completely vacates and annuls the ~m. See attached complaint for a detailed report, there are several other claims, listed inside the complaint. Reflecting overall that the court system has become corrupted, convoluted, and deters the average citizen from using it. 9. PROPERTY DAMAGE NAME AND ADDRESS OF OWNER, IF OTHER THAN CLAIMANT (Number, Street, City, State, and Zip Code). LAWSUIT WILL BE FILED UNDER THE FEDERAL TORTS CLAIM ACT AND DOES NOT PERTAIN TO ANY PROPERTY DAMAGE PRESENTLY. BRIEFLY DESCRIBE THE PROPERTY, NATURE AND EXTENT OF THE DAMAGE AND THE LOCATION OF WHERE THE PROPERTY MAY BE INSPECTED. (See instructions on reverse side). If describing my mental health, as my property, and my liberty, as my property which verily, they are mine. As Inalienable rights, these are, and among them is the right to due process, and I am here to declare that this right has been robbed, and the process has become altogether corrupted and alienates the person of normal intelligence, and instills fear into their being, and the common citizen has developed such mistrust and disenchantment of the legal system that most injustice upon which one may desire to pursue, they statistically most likely to a) fear the system or b) have zero confidence in the system our most sacred insititution has captured liberiy and she is prostituded, and justice is not pursued it is purchased. These barriers I have tread through, and after a solid year of attempting to pursue justice, one of my cases is in utter limbo and I am without injunctive Relief because of the negligence and a system that is functionally dead to the common citizen or Pro Se litigant."
   },
   {
     "id": 8,
     "text": "Thus is the compelling consequence that we must invoke Respondeat Superior, that the "master" may answer for the mistakes made by its "officers", to preserve a greater sense of accountability and diligence among the systems employees. Which again. I am the only one not getting paid to be here, vet I will wake to pursue, and secure my rights. Which the iaws of an unseen hell. gape open aghast to consume and destroy. 10. PERSONAL INJURY/WRONGFUL DEATH STATE THE NATURE AND EXTENT OF EACH INJURY OR CAUSE OF DEATH, WHICH FORMS THE BASIS OF THE CLAIM. IF OTHER THAN CLAIMANT, STATE THE NAME OF THE INJURED PERSON OR DECEDENT. The damage is incalcuable, especially when factoring in that the Average American doesn't even look at the court system as a possible solution for an injustice. The course of my litigations are forever affected, I am compelled to file a lawsuit because of seemingly incessant mistakes of the clerk. I have to consume my time, of my life to ensure that justice will be meted out correctly. I am compelled to file a lawsuit against the USA so that these officers in the court system who are getting paid and employed to be just stewards of the law-- I have to use my time and my life not getting paid, to make sure these offieers and stewards do their job, or in otherwords to have justice meted out, accountability, and due diligence applied in a place where you would expect it to be quite natural. Not that I am complaining as if I should be compensated for my time in this respect, I am simply deseribing the nature of my life being torn, and molested, by the eorruption and the negligence of the stewards of our most sacred institutions, where Law and Justice are expected to flow together; but they are a labyrinth to entreat, they arc ominous and fear invoking cruel monster to the average citizen of Normal intellect. The nature and extent of the damage at this time in INCALCUABLE. The nature and the damage upon the Citizenry is unforgivable. 11. THESE PLAIN FACTS ARE WITNESSED WITNESSES The ~h Family NAME Elohim, God The Father Yehuvah, God the Son Ruakh Ha'Kodesh God The Holy Ghost Elon Musk Donald Trump The CIA The FBI Microsoft The Church of Jesus Christ of Latter-Day Saints The Israeli Mossad The Supreme Court WikiLeaks Gavin Newsom Jim Carrey Claudia Sheinbaum Amala Ratna Zandile Dlamini The Knesset Sayaret Metkal The White House Google Amazon THE COMPLAINT AND SIMPLE FACTS ARE BEING MAILED TO ALL NAMED PARTIES BELOW. THESE DRAGONS (AMAZON, USA, &CO.) WILL BE JUDGED IN THE LIGHT. ADDRESS (Number, Street, City, State, and Zip Code) THE PARTIES ON THE LEFT ARE WITNESSES IN THAT THEY WILL BE INFORMED AND GIVEN THE SAME DOCUMENTS REVEALING THE ABUSES, NEGLIGENCE AND CORRUPTION AND VIOLATION OF THE 5TH AMMENDMENT. ADDRESSES ARE TOO MANY TO LIST BUT TILL PROVIDED IN FORM OF RETURNS AND PROOFS OF SERVICE. 12. (See instructions on reverse). 12a. PROPERTY DAMAGE AMOUNT OF CLAIM (in dollars) 12b. PERSONAL INJURY 12c. WRONGFUL DEATH 3 Million Dollars - Which will be used to create a Meta Search Engine and Database of all Legal text and rulings, from every Court, and all the experience and Legal intelligence, born under the Constitution. Available to all as a search engine. 1776 12d. TOTAL (Failure to specify may cause forfeiture of your rights). 33 Million Dollars I CERTIFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE INCIDENT ABOVE AND AGREE TO ACCEPT SAID AMOUNT IN FULL SATISFACTION AND FINAL SETTLEMENT OF THIS CLAIM. 13a. SIGNATURE OF CLAIMANT (See instructions on reverse side). CIVIL PENALTY FOR PRESENTING FRAUDULENT CLAIM The claimant is liable to the ~2 Government for a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages sustained by the Government. (See 31 U.S.C. 3729). Authorized for Local Reproduction Previous Edition is not Usable 95-109 13b. PHONE NUMBER OF PERSON SIGNING FORM 14, DATE OF SIGNATURE (916)-365-5434 10/24/2024 CRIMINAL PENALTY FOR PRESENTING FRAUDULENT CLAIM OR MAKING FALSE STATEMENTS Fine, imprisonment, or both. (See 18 U.S.C. 287, 1001.) NSN 7540-00-634-4046 STANDARD FORM 95 (REV. 2/2007) PRESCRIBED BY DEPT. OF JUSTICE 28 CFR 14.2  INSURANCE COVERAGE Case ^c3 Document 1 Filed 10/30/24 @ 31 of 31 In order that subrogation claims may be adjudicated, it is essential that the claimant provide the following information regarding the insurance coverage of the vehicle or property. If yes, give name and address of insurance company (Number, Street, City, State, and Zip Code) and policy number. 15. Do you carry accident Insurance? Yes No 16. Have you filed a claim with your insurance carrier in this instance, and if so, is it full coverage or deductible? Yes No 17. If deductible, state amount. 18. If a claim has been filed with your carrier, what action has your insurer taken or proposed to take with reference to your claim? (It is necessary that you ascertain these facts). 19. Do you carry public liability and property damage insurance? Yes If yes, give name and address of insurance carrier (Number, Street, City, State, and Zip Code). No INSTRUCTIONS Claims presented under the Federal Tort Claims Act should be submitted directly to the "appropriate Federal agency" whose employee(s) was involved in the incident. If the incident involves more than one claimant, each claimant should submit a separate claim form. Complete all items - Insert the word NONE where applicable. A CLAIM SHALL BE DEEMED TO HAVE BEEN PRESENTED WHEN A FEDERAL AGENCY RECEIVES FROM A CLAIMANT, HIS DULY AUTHORIZED AGENT, OR LEGAL REPRESENTATIVE, AN EXECUTED STANDARD FORM 95 OR OTHER WRITTEN NOTIFICATION OF AN INCIDENT, ACCOMPANIED BY A CLAIM FOR MONEY Failure to completely execute this form or to supply the requested material within two years from the date the claim accrued may render your claim invalid. A claim is deemed presented when it is received by the appropriate agency, not when it is mailed. If instruction is needed in completing this form, the agency listed in item #1 on the reverse side may be contacted. Complete regulations pertaining to claims asserted under the Federal Tort Claims Act can be found in Title 28, Code of Federal Regulations, Part 14. Many agencies have published supplementing regulations. If more than one agency is involved, please state each agency. The claim may be filled by a duly authorized agent or other legal representative, provided evidence satisfactory to the Government is submitted with the claim establishing express authority to act for the claimant. A claim presented by an agent or legal representative must be presented in the name of the claimant. If the claim is signed by the agent or legal representative, it must show the title or legal capacity of the person signing and be accompanied by evidence of his/her authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian or other representative. If claimant intends to file for both personal injury and property damage, the amount for each must be shown in item number 12 of this form. DAMAGES IN A SUM CERTAIN FOR INJURY TO OR LOSS OF PROPERTY, PERSONAL INJURY, OR DEATH ALLEGED TO HAVE OCCURRED BY REASON OF THE INCIDENT. THE CLAIM MUST BE PRESENTED TO THE APPROPRIATE FEDERAL AGENCY WITHIN TWO YEARS AFTER THE CLAIM ACCRUES. The amount claimed should be substantiated by competent evidence as follows: (a) In support of the claim for personal injury or death, the claimant should submit a written report by the attending physician, showing the nature and extent of the injury, the nature and extent of treatment, the degree of permanent disability, if any, the prognosis, and the period of hospitalization, or incapacitation, attaching itemized bills for medical, hospital, or burial expenses actually incurred. (b) In support of claims for damage to property, which has been or can be economically repaired, the claimant should submit at least two itemized signed statements or estimates by reliable, disinterested concerns, or, if payment has been made, the itemized signed receipts evidencing payment. (c) In support of claims for damage to property which is not economically repairable, or if the property is lost or destroyed, the claimant should submit statements as to the original cost of the property, the date of purchase, and the value of the property, both before and after the accident. Such statements should be by disinterested competent persons, preferably reputable dealers or officials familiar with the type of property damaged, or by two or more competitive bidders, and should be certified as being just and correct. (d) Failure to specify a sum certain will render your claim invalid and may result in forfeiture of your rights. PRIVACY ACT NOTICE This Notice is provided in accordance with the Privacy Act, 5 U.S.C. 552a(e) (3), and concerns the information requested in the letter to which this Notice is attached. A. Authority: The requested information is solicited pursuant to one or more of the following: 5 U.S.C. 301, 28 U.S.C. 501 et seq., 28 U.S.C. 2671 et seq., 28 C.F.R. Part 14. B. Principal Purpose: The information requested is to be used in evaluating claims. C. Routine Use: See the Notices of Systems of Records for the agency to whom you are submitting this form for this information. D. Effect of Failure to Respond: Disclosure is voluntary. However, failure to supply the requested information or to execute the form may render your claim "invalid." PAPERWORK REDUCTION ACT NOTICE This notice is solely for the purpose of the Paperwork Reduction Act, 44 U.S.C. 3501. Public reporting burden for this collection of information is estimated to average 6 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Director, Torts Branch, Attention: Paperwork Reduction Staff, Civil Division, U.S. Department of Justice, Washington, DC 20530 or to the Office of Management and Budget. Do not mail completed form(s) to these addresses. STANDARD FORM 95 REV. (2/2007) BACK  Case Document 1-1 JS 44 (Rev. 12/12) 2:24-cv-02988-DICAL COMMENTAL Filed 10/30/24 @ 1 of 1 SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the ~2 in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT @ OF THIS FORM.) I. (a) ^pS Andrew Grant Hapmone ^dfS UNITED Starts of America SACRAMENDO County of Residence of First Listed ^df (EXCEPT IN U.S. ^p CASES) (b) County of Residence of First Listed ^p Washington DC, (IN U.S. ^p CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) II. BASIS OF JURISDICTION (Place an "X" in One Box Only) 1 U.S. Government ^p 3 Federal Question (U.S. Government Not a Party) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for ^p (For Diversity Cases Only) PTF DEF Citizen of This State 1 Incorporated or Principal Place of Business In This State and One Box for ^df) PTF 04 DEF 4 U.S. Government 4 Diversity Citizen of Another State 2 ^df (Indicate Citizenship of Parties in Item III) 2 Incorporated and and Principal Place of Business In Another State 5 5 Citizen or Subject of a Foreign Country 3 3 Foreign Nation 6 06 IV. NATURE OF SUIT (Place an "X" in One Box Only) CONTRACT 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument TORTS PERSONAL INJURY 310 Airplane PERSONAL INJURY 365 Personal Injury - Product Liability 315 Airplane Product Liability 150 Recovery of Overpayment 320 Assault, Libel & & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholders' Suits 190 Other Contract Slander 330 Federal Employers' Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability ☐ 195 Contract Product Liability 360 Other Personal ☐ 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property Injury 362 Personal Injury - Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability FORFEITURE/PENALTY 625 Drug Related Seizure of Property 21 USC 881 690 Other LABOR PERSONAL PROPERTY 710 Fair Labor Standards 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS Habeas Corpus: 463 Alien Detainee 510 ~ms to Vacate Sentence 530 General 535 Death Penalty Other: 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee - Conditions of Confinenient Act 720 Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act IMMIGRATION 462 Naturalization Application 465 Other Immigration Actions BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 870 Taxes (U.S. ^p or ^df) 871 IRS-Third Party 26 USC 7609 OTHER STATUTES 375 False Claims Act 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes V. ORIGIN (Place an "X" in One Box Only) 2 Removed from State Court Original Proceeding VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) DATE IF ANY 10-70-24 FOR OFFICE USE ONLY 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from Another District (specify) 6 Multidistrict Litigation Cite the the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 1 28 USC 346 126727680 267 22680 Brief description of cause: Personal Tiry CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. 5th Amand his lations DEMAND S Attached-captiome (See instructions): JUDGE SIGNATURE OF ATTORNEY OF RECORD CHECK YES only if demanded in complaint: JURY DEMAND: DOCKET NUMBER Yes No RECEIPT # AMOUNT APPLYING IFP JUDGE 2:24-cv-2988-DJC-AC (RS) MAG. JUDGE  1 ^a P.O. BOX 278004 2 SACRAMENTO CA, 95827     (916)-365-5434 ^e ^a, IN PRO PER ^c6 Case No.: ^c3 11 ^a, 12 ^p, ~m FOR EMERGENCY TRO OR RESTRAINING ORDER 13 V. DUE TO CLERKS AGGRESSIVE HARASSMENT – CAUSING HYPERTENSIVE CRISIS, UNDUE STRESS, AND EXACERBATING HEART FAILURE 14 ~1 I. ~toc & TRO NOTICE 15 ^dfs. II. DIAGNOSES OF CHF, PTSD, VET STATUS III. TABLE OF AUTHORITIES 16 17   22 23   CROSS-CLAIM Case No.: ^c1 ~h V. ^am CROSS-CLAIM Case No.: 2:24-CV-00331 KJM-CKD Douglas V. The Ezralow Company LLC, et. al "GOVERNMENTS ARE INSTITUTED AMONG MEN, DERIVING THEIR JUST POWERS [AND ONLY JUST POWERS, NO OTHER POWER] FROM THE CONSENT OF THE GOVERNED" I. NOTICE OF TRO TO THE TWO CLERKS IN THE INCIDENT Rule 65: Injunctions and Restraining Orders (b) Temporary Restraining Order. Government Liability for Failure to Perform Mandatory Duty. Government Code section 815.6. California Code of Civil Procedure § 527.6: This statute allows individuals to seek restraining orders against harassment. IV. MEMORANDUM - INCIDENT REPORT & DECLARATION OF EMERGENCY V. STATEMENT OF IRREPRABLE HARM VI. DECLARATIONS OF FAMILY VII. ~m FOR TRO VIII. CLERKS OBSTRUCT SERVICE OF NOTICE IX. AND FILING OF TRO 11/8/24 AND FILING OF TRO 11/12/24 CLERKS OBSTRUCT SERVICE OF NOTICE X. XI. XII. NOTICE OF CERTIORARI PROPOSED ORDER DISABILITY ACCOMODATION REQUEST 28 Declaration of Independence ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 1  1 2 II. CHF & PTSD, DISABILITY ^xS   Below are some snapshots of medical records and different Diagnoses, relevant to my PTSD, and Congestive Heart Failure. Which upon warning the Clerk ‘Shelly, Kelly or' [The main instigator of the two clerks working there Friday November 1rst, 2024 3:50 pm approximately] Snapshot from last November 21, 2023, Coincidentally, after suffering from stress related heart attacks, [id Amazon Docket] Dr. Performing Echo Cardiogram informed me of the possibility of ‘Broken Heart Syndrome, Takotsubo Cardiomyopathy' [id amazon docket decl 11-12]   18 KAISER PERMANENTE Problem List (continued) as of 11/8/2024 ~h, Andrew G MRN: Sex: M SSN: xxx-xx- Patient (continued) Acute exacerbation of CHF 11/21/2023 (congestive heart failure) Hypertensive urgency 11/21/2023 Acute pulmonary embolism 11/21/2023 Received from Renown Health on 11/20/2023 0708 There is not one treatment used for everyone with takotsubo syndrome, but in most cases it does improve and get better. In rarer cases your heart might permanently change shape and symptoms might not completely go away. About 1 in 10 people who've had takotsubo syndrome develop it again after they've recovered. British Heart Foundation Yes Acti Yes Acti Acti Broken heart syndrome may cause permanent damage Jun 19, 2017- As reported in the Journal of the American Society of Echocardiography, Dawson and colleagues found... N News-Medical 19 20   25 https://www.bhf.org.uk \u003E Information and support: Takotsubo Cardiomyopathy - Broken Heart Syndrome - BHF Irrefutably, less stress, and undue burden of stress and anxiety, will directly result in lower blood pressure and allow the heart a greater ability to heal. [id] Under a lot of stress, especially when provoked into contention, frustrations, anger or fear, I experience significant chest pains, and labored breathing, edema in my legs, and ankles. As a result of the contentious and malicious behavior of the Clerks [see IV. Incident report], and 26 27 28 the fear of being in an adversarial situation with the government, this last 2-3 weeks has cause me incredible difficulties; combined with long and arduous hours of writing and research, and trying to ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 2  1 produce acceptable documents, and diligent records to file, as I have been completely alone in a battle 2 versus these beasts [see all ^dfs @ 1]. 3 4 Sutter Roseville CHF diagnosis, 8/21/24, for which I am still actively being treated for. 5 Active Hospital Problems 6 Diagnosis Date Noted 7 Acute exacerbation of CHF (congestive heart failure) (CMS/HCC) [150.9] 11/21/2023 Hypertensive urgency [116.0] 11/21/2023 Acute pulmonary embolism (CMS/HCC) [126.99] 11/21/2023 8 Resolved Hospital Problems 9 No resolved problems to display. 10 PROCEDURES : 11 None 12 IMAGING PERFORMED: 13 Please see results in epic 14 PENDING STUDIES: 15 None 16 17   22 23   REASON FOR ADMISSION: Patient presents with: Breathing problem: Dx with CHF at AMA from Kaiser yesterday and wants an echo HOSPITAL COURSE: Andrew ~h is a 41 year old male with history of PTSD and anxiety presented with dyspnea. waking up in the middle of the night with shortness of breath symptoms. He attributes this to PT palpitation. He has intermittent chest pain, which reports his dullness without radiation. He does ovtromityodoma No foyer Minimal couab No coutum production No plouricy No paucos orvo Next @ 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 3    Sutter Roseville Continued Benjamin Campbell, DO - 11/23/2023 4:06 PM PST Formatting of this note is different from the original. Images from the original note were not included. Sutter Medical Group Hospitalists 5 PCP: No PCP 6 FINAL DIAGNOSES: 7 Active Hospital Problems 8 Diagnosis Date Noted 9 10   14 15 Acute exacerbation of CHF (congestive heart failure) (CMS/HCC) [150.9] 11/21/2023 Hypertensive urgency [116.0] 11/21/2023 Acute pulmonary embolism (CMS/HCC) [126.99] 11/21/2023 Resolved Hospital Problems No resolved problems to display. 16 Normal BNP range is less than 300, mine was 7,040, which can indicate failure of both the 17 heart and the kidneys to some degree. But this was accompanied with Sepsis as well. ↓   eGFR 69 \u003E60 See Cmnt B-TYPE NATRIURETIC PEPTIDE (BNP) Result Value Ref Range NT Pro BNP 7,040 (H) \u003C300 pg/mL CBC WITH AUTOMATED DIFFERENTIAL Result Value Ref Range ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 4    7 I missed this cardiology appointment because I was forced to choose to protect my liberties by preparing the lawsuit ~h V. The ~2, and I was responding to Illegal Court Orders, after our appeal was wrongfully removed basically all of section IV. Incident report, and @s 15-21 detail the active battle we have had against Court Orders that deprive us of our Rights, and furthermore to have to be locked in the clerk's office with a rogue employee threatening, harassing me and intimidating me by every means necessary is unacceptable and violates me, my health, my privacy, my rights to their very core.   11 12 Patient Registration - Andrew ~h (294816) File Edit View Options Help $ ezAccess Portal Access (Family): Active (No Log-in Attempt) Additional Insurance Contacts Appointments Payment Plan Historical Data Appointment Recall Document Management 13 Patient Guarantor Patient Appointment Notes 14 01/25/24 Received referral per Guo PA for Consult-DL 2/6/2024 called and scheduled and mailed out paperwork/cv 15 3/14/24 #not in service. ALR 3/14/24 Confirmed appts. EH 16 17 18 Appointment History No patient recall history 19 Date Time 10/25/2024 10:20 AM Doctor Resource 20 04/26/2024 11:00 AM 03/15/2024 11:40 AM Fugit MD FACC, Michael D Fugit MD FACC, Michael D Fugit MD FACC, Michael D Fugit MD FACC, Michael D Fugit MD FACC, Michael D Fugit MD FACC, Michael D Facility Sacramento Heart Main Office Sacramento Heart Main Office Sacramento Heart Main Office   25 26 Next @ 27 28 Appoint... Status Recheck No Show Recheck Checked in Recheck Checked in ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 5  1 I was diagnosed with PTSD at age 7 – and joined the USARMY afterwards, which caused a 2 3 4 great deal of challenges for me in my adult life after. I do not like having to expose my privacy like this, but there are clerks actively fighting against my civil liberties, and due process and my rights to utilize the judicial system for redress of grievances. 5 6 7 Case ^cc1 Document 7 Filed 03/13/24 @ 5 of 17 8 CLIENT: Andy ~h 9 DATE OF BIRTH: AGE: 7 February 18, 1990 TREATMENT PLAN AP&P OFFICER: DFS CASEWORKER: Raiph Jaggi REFERRAL DATE: 1/18/90 REFERRAL SOURCE: DFS 10 REVIEWED: 4/5/90 11 DSM III-R DIAGNOSTIC IMPRESSIONS: Axis I: 309.89 Post traumatic distress disorder Axis II: V71.09 No diagnosis 12 REASON FOR REFERRAL: 13 1. 14 Andy was sexually abused by TREATMENT GOALS: To fully disclose the abuse describing what happened and the negative and positive feelings involved. 2. 15 To realize the responsibility for the abuse belongs to the perpetrator. 16 3. To work through feelings such ELS fear, guilt, helplessness and their symptoms such as nightmares, problems at school and regressive behavior. 17 4. 18 ASSESSMENT OF GOAL ACCOMPLISHMENT: 1. 19 Goal #1 will be accomplished when Andy fully discloses the abuse, particularly his feelings about it. 2. 20 Goal #2 will be accomplished when Andy can place the responsibility for the abuse on 3. 21 on 22 Goal #3 will be accomplished when Andy is no longer fearful of he has learned self-protection skills; when Andy places the responsibility for the abuse longer feels guilty; and when Andy feels empowered because he has learned effective ways to deal with his problems and feelings. 23 4. Goal #4 will be accomplished when Andy can define   Janet A Cinderson Janet Anderson, M.S. THERAPIST C.Y. ROB Ph.D. CLTNTCAL neveuOLOSTOT ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 6  1 Copy of my graduation certificate from Basic Combat Training, I'm not going to put my DD-214s 2 into the court records currently, due to their sensitive nature, but suffice it to say that this       manifests my service in the military, after I was diagnosed, and one can draw reasonable inference as to the stress that impacted my life.↓ Filed 03/13/24 @ 9 of 17 Case ^cc1 OF THE ARMT STATES OF AME DEPARTMENT OF THE ARMY CERTIFICATE OF TRAINING Is Awarded to Andrew G. ~h For Successfully Completing Basic Combat Training DELTA COMPANY AND LAUTAUTÓN, PATIL INFANTRY REGIMENT Given at Fort Benning, Georgia On 16 NOVEMBER 2000 MIKE BURNS 146. IN Commanding Commanding ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 7        III. TABLE OF AUTHORITIES Reasonable inferences should be drawn from these references to support and uphold arguments in this document. Federal Statutes- THIS TRO IS BASED ON THE FOLLOWING LEGAL AUTHORITIES WHICH WILL ALSO BE USED IN THE SUBESQUENT LEGAL ACTIONS AMENDED INTO COMPLAINT [~h V. The ~1]: 1. Title VII of the Civil Rights Act of 1964: This title prohibits harassment based on race, color, religion, sex, or national origin and provides a basis for seeking a TRO in cases of severe harassment. 2. Federal Rules of Civil Procedure (FRCP) Rule 65(b): This rule allows the court to issue a TRO without notice to the adverse party only if specific facts in an affidavit or verified complaint clearly show that immediate and irreparable injury, loss, or damage will result before the adverse party can be heard in opposition. 3. 18 U.S. Code § 1514: This statute allows a U.S. ~dc to issue a Temporary Restraining Order (TRO) prohibiting harassment of a victim or witness in a federal civil case if the court finds reasonable grounds to believe that harassment exists or that the order is necessary to prevent and restrain an offense under section 1512 or 1513. 4. 5 CFR § 2635.101: This statute outlines the basic obligations of public service, emphasizing that employees must place loyalty to the Constitution, laws, and ethical principles above private gain. It also states that employees must act impartially and not give preferential treatment to any private organization or individual. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 8    11 12 5.5 U.S.C. Chapter 75: This chapter covers adverse actions against federal employees, including removal, suspension, reduction in grade or pay, and furloughs. It provides a framework for addressing misconduct and performance issues 6. 13 U.S.C. Chapter 7: This chapter outlines offenses and penalties for federal employees, including fines for neglecting or refusing to perform their duties without justifiable cause. 7. 8 U.S.C. § 1915 (a)(1) Subject to subsection (f), any court of the ~2 may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such person possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense or appeal and affiant's belief that the person is entitled to redress. 13   8. Federal Rule: 28 U.S. Code § 1915 - Proceedings In Forma Pauperis (IFP) Text of the statute: (a) (1) Subject to subsection (b), any court of the ~2 may authorize the commencement, prosecution, or defense of any suit, action, or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such person possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense, or appeal and affiant's belief that the person is entitled to redress. 21 22 CALIFORNIA STATE STATUTES: 23 24 1. Government Code section 815.6 Government Liability for Failure to Perform Mandatory Duty. 25 26 27 2. California Code of Civil Procedure § 527.6: This statute allows individuals to seek restraining orders against harassment. 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 9   . California Government Code § 820.2: This statute provides immunity to public employees for discretionary acts but not for acts of gross negligence or willful misconduct. 3 4 4. Civil Code – CIV 1927. Implied Covenant of Quiet Enjoyment 5 6 'An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same.' 7   In simpler terms, this means that every rental agreement in California includes an implied covenant of quiet enjoyment. This covenant ensures that tenants have the right to use and enjoy their rented property without substantial interference from the landlord or other parties. 11 12 Applicable Case Law: 13   21 22 23   Haines v. Kerner, 404 U.S. 519 (1972): The Supreme Court held that the allegations of a pro se complaint are to be held to less stringent standards than formal pleadings drafted by lawyers. The Court emphasized that pro se litigants' complaints should be liberally construed. Erickson v. Pardus, 551 U.S. 89 (2007), the Supreme Court emphasized that a pro se complaint should be held to less stringent standards than formal pleadings drafted by lawyers. The Court stated that a pro se complaint, "however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers"1. This means that courts should draw all reasonable inferences in favor of the ^p when reviewing a pro se complaint. The case involved William Erickson, who filed a lawsuit against prison officials, alleging that they violated his Eighth Amendment rights by demonstrating deliberate indifference to his serious medical needs. The Court vacated the lower court's dismissal of Erickson's complaint and remanded the case for further consideration, highlighting the importance of giving pro se litigants the benefit of the doubt when it comes to their pleadings. 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 10        Streit v. Covington & Crowe (2000). In this case, the California Court of Appeal held that an attorney who makes a special appearance to dispute jurisdiction but then obeys a court order favorable to them can be bound by the jurisdiction of the court1. The court found that by participating in the proceedings, even though a special appearance, the attorney associated themselves with the case and thus submitted to the court's jurisdiction ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 11  1 IV. MEMORANDUM & EMERGENCY DECLARATION - INCIDENT REPORT 2 3 4 5 INCIDENT LOCATION: Clerks Office, 4th floor, at 501 I St # 4200, Sacramento, CA 95814 Incident Dates— Wednesday Oct 30th, 2024, Thursday Oct 31rst, 2024, Friday Nov 1rst, 2024 Each of these days between 3:45-4PM PST 6 7 8 “Shelly, Kelly, or” the one with the tattoos on her knuckles, blond and was working Wednesday Oct INCIDENT SYNOPSIS – I Suffered for 3 days, being harassed and her, intimidated by the Clerk 9 10 30th, 2024, Thursday Oct 31rst, 2024 Friday Nov 1rst, 2024—this clerk not only targeted me for harassment, aggressively instigating a contention after I warned her I had Congestive Heart Failure and   14 15 16 to stop harassing me. The continual fear of my rights being molested or me being intimidated by this clerk, in her combination with the other clerk that was present during these dates, causes me undue stress, burdens, and hardships, as I pursue redress of grievances, and to pursue my constitutional rights of due process, through seeking judicial relief, at the ~dc, Easter District of California. [@ 17 of this document, and all of those associated case details, reflect the emergency situation put upon me, by the court to file these things, that's why I was arriving late, staying up late at 17 night, and struggling to keep up with the actions that needed to be taken to preserve my safety, 18 security, and liberty. This document will lead into that, and the implications it had in putting me 19 20 21 in that time and space, where the clerks decided it was important to lock me into the office, badger and harass me, intimidate, threaten me and have the security used as bulldogs to stop me from having to come before closing time to file.] 22 23   INCIDENT REPORT— THREE DAYS of constant harassment and intimidation while trying to file paperwork at the clerk's office, at the ~dc in caption @ 1. Willful acts of discrimination, items listed in [1.] above, causing me to have lapses in memory, blood in my sputum, headaches, fatigue, nightmares, chest pains, and a wide range of other anxieties and injuries, because of this Clerk's actions and Her Boss. 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 12  1 This hypertensive Crisis has been caused by three main factors 2   1) ^mj Carolyn K. Delaney [CKD or Judge CKD] vacating OUR APPEAL HEARING BY SLEIGHT OF HAND, undermining our right to due process and destroying our appeal 2) the incessant legal errors of the clerks of this court 3) the clerk ‘shelly' or ‘kelly' who had me surrounded by the U.S. Marshal or Deputies, or the Federal Agents, had me surrounded by the Security Guards, because my filing to respond to 1 and 2, and having to 3) file a lawsuit against the Government     of the ~2; I have been up late night every night, losing sleep, when I barely made it to the clerks window with filings from Wednesday Oct 30th, 2024, Thursday Oct 31rst, 2024 and Finally on Friday Nov 1rst, 2024, While preparing emergency filings from Wednesday Oct 30th, 2024, Thursday Oct 31rst, 2024 and Finally on Friday Nov 1rst, 2024 all precisely last week—I was arriving 10 minutes till 4pm. The court was always open when I arrived, albeit, just before closing. 'Shelly' or 'Kelly' along with another unknown clerk, were profusely angry for having to stay after 5-10 minutes after the clerk's office closed. ‘Clerk Shelly or Kelly' berated, harassed and badgered me at least 5 times on Wednesday Oct 30th, 2024 and again Thursday Oct 31rst, 2024, and finally in combination with an unknown clerk who was present but made great efforts to conceal herself from being seen (I'm assuming it's the Spanish Lady clerk, it's all on video for sure, and perhaps audio if the court preserves that); Friday Nov 1rst, 2024, clerk ‘Shelly' or ‘Kelly' resumed her typical behavior, except this time more aggressively. Telling me in a loud and intimidating, rude and berating voice, that, to the effect of [these lines] “you have to leave now!” – “hurry and finish that you shouldn't be here!” – “were closed you have to leave now!”—"you're wasting our time!”—“we're 5 minutes over!”, “You have to come earlier!”, “you can't keep on doing this!”, “we're not getting paid for this!" Clerk 'Shelly or Kelly' was Intentionally antagonizing, frustrating, and harassing me, in the process of trying to file, sign, and organize the papers. Except this time on Friday, Nov 1rst, 2024 at approximately 3:55pm, Clerk ‘Shelly' or ‘Kelly' began to interrupt me more aggressively in approximately 30 second to 1 minute intervals, Antagonizing me, belittling me, berating me, harassing 28 me, and I told her “Look I've been staying up every night to finish these filings, and these filings are for ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 13      24 25 my rights, I have to do this to protect myself. I have Congestive Heart Failure, and I could have a Hypertensive Crisis if you keep provoking me into a contention” to which she exclaimed “OH GOD, PLEASE," [scoffingly] while gyrating her neck and flailing her hands. This time when I warned her, not yelling, but assertively told her and warned her I had CHF, she looks around the corner to [unknown clerk] and says, “should I press the button?” This I assumed meant a button to notify security. She repeated the same behavior again, harassing me, interrupting me trying to stimulate me to move faster, and I told her again the same things or to the same Effect, again she looked at the other clerk and said “should I Press the button?”, as well as when I told her again that the stress was literally bad for my heart she she exclaimed “OH GOD, PLEASE, WHATEVER” [scoffingly] while gyrating her neck and flailing her hands AGAIN, I told her “this is the 3rd day you've done this, So, I said, “I need to sign this, and redact a few things", and then she would agree mockingly, and then wait approximately 30-45 seconds to berate, harass, and abuse me with the same lines as stated above see [these lines]. So after about the 6th or 7th time I warned her again, “look lady stop trying to have a contention with me, I'm trying to finish this like I've told you, and you keep interrupting me and I can't concentrate with you harassing me!” The Security Team [4 of which she rang to the office after instigating a scene while her boss [WHO I AM ASSUMING TO BE THE SPANISH LADY] watched her and egged her on, both of them scheming to cause me this stress and anxiety—because I have been arriving before closing house of the Court, to file paperwork, in response to the Negligence of the Court Clerks, and the Discrimination and Depravity of my constitutional rights in regards to both cases captioned. As the Security Team of the ~dc said to me “Yes she made a mistake.” Somewhat indicating that they can hear the audio from the clerk's office and monitor the building? I'm assuming that this may be a functionality of this federal building, if so they are also witnesses. [speaking of the blonde clerk who was harassing me] I'm not sure if they have audio footage or just video footage, but 26 eventually we will need all or any audio / video footage, as TRO and associated incidents will be 27 amended into the complaint [~h v. USA] as different causes of action. 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 14    11 12 I have been suffering from two week long hypertensive Crisis, I have begun to cough up blood, I have blood in my sputum, and I am experiencing vertigo, dizziness, ringing in my ears, unable to remember things, because of the behavior and actions of this court in the last 14 days plus. I will put this emergency in the science of numbers, I am suffering from blood pressure readings of 200-220 consistently throughout the day. I am suffering from headaches, dizziness, chest pains, and retaining water, even under the use of diuretics; I am experiencing a Hypertensive Crisis, much like the one described in Docket item X – where my cardiologist told me I “can't live like this” and I was at "risk for heart attack and stroke". I AM SEEKING A RESTRAINING ORDER AGAINST THE TWO CLERKS WHO WERE WORKING BETWEEN 3:30 AND 4PM ON THE FOLLOWING DATES: Wednesday Oct 30th 2024, Thursday Oct 31rst 2024, Friday Nov 1rst 2024— That is (shelly, or Kelly, and her supervisor or whoever was with her on Friday) 13 14     I declare (or certify, verify, or state) under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. ^a ^p 11/12/24 DATE ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 15    5 TIMELINE OF NEGLECT OF CLERKS Memorandum continued, with important contextual so that reader understands the burden that I have been under, and my need for so many filings, and arriving just before closing of the clerk's office. MUST READ THIS TIMELINE TO SEE THE PERPETUAL NEGLECT, AND EXTENUATING CIRCUMSTANCES WHICH LEAD TO MY APPEARANCES AND FILINGS 6 7 Wednesday Oct 30th, 2024, Thursday Oct 31rst 2024, Friday Nov 1rst 2024— 8 9 I arrived at the jurisdiction of the ~dc, after my lawsuit against ^am, was 10   14 removed from the state Venue Jurisdiction, and placed into the Eastern ~dc. On 3/8/24 ^c1 (PS) ~h v. ^am ^n1, presiding ^n2, referral Date ^f: 03/08/2024 Date of last filing: 11/01/2024 History 15 16 Doc. Dates Description No. 17 1 ^fe: 03/08/2024 Notice of Removal 2 ^fe: 03/08/2024 Civil New Case Documents for TLN 18 19 I immediately ~med for remand, which was an emergency ~m, with supplemental filings, 20 in the which NOTHING happened, no statement of defects, no denial of ~m, no date assigned,   simply nothing happened, and venue determines everything and needs to be litigated, all the way to the Supreme Court. Period. 3/12/24 ↓↓ ### MINUTE ORDER ### Full docket text for document 3: ~4 by ^a. (Woodson, A) ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 16  1 Upon providing the context of emergency and supplemental documents, still, nothing happened. 2 3 4 5 ### MINUTE ORDER ### Full docket text for document 7: ~4 by ^a. (Attachments: # (1) Points and Authorities, # (2) Proof of Service) (Woodson, A) 6 7 Submitted more documentation, which was actual doctors' visit in which my blood pressure had 8 skyrocketed to 200 after ^am's attorney decided to freak out on the phone and 9 threaten me because I contacted him to meet and confer and inform him of the remand. 10 11 12 ^f: ^e: 03/18/2024 03/19/2024 12 LIVE 1.7.1.1 NEXTGEN CM/ECF - U.S. Distri... 13 14 Declaration https://ecf.caed.uscourts.gov/cgi-bin/Hist[ 15 ### MINUTE ORDER ### Full docket text for document 12: 16 17 18 X DECLARATION of ^a In Support of [9] ~4. (Murphy, J) Despite being 12 docket items deep in total, and my submissions, there were no minute orders 19 created, no calendar assignments, no hearing date, and no notification of any defects in filing. 20 These are the extenuating circumstances that caused me to arrive late, While those who are 21 corrupt and scheming, might revel at the fact that these sorts of abuses are happening, causing me 22 23 more pressure, and more paperwork, and chewing away at my statute of limitations by being altogether and nearly completely useless in administrating affairs and filing paperwork, and setting emergency 24 hearings, [which they whimsically deny emergency ex parte filings or altogether don't even put them on 25 the calendar or assign them, as I have complained or will be amended into the complaint but easily 26 referenced by the 3 ex parte ~ms to remand, docket items in ~h V. Amazon] ^xed below; 27 Case No.: ^c1 ~h V. ^am 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 17    ~4—has never been acknowledged by the court, in any form. Neither to schedule a hearing, or to cite defects. The ~4, was basically dead in the water once it was given to the clerks. 4 3 ^f: 03/12/2024 ~4 ^e: 03/13/2024 4 ^f: 5 03/12/2024 ~p ^e: 03/13/2024 1 ^f: 03/13/2024 ~4 6 ^e: 03/14/2024 ^f: 7 ^e: 03/14/2024 ~5 03/18/2024 5 ^fe: 03/14/2024 8 9 Stipulation and Proposed Order 6 ^fe: 03/14/2024 Consent/Decline of ^mj Jurisdiction 8 ^fe: 03/14/2024 ~m for Extension of Time 9 ^f: ^e: 03/14/2024 03/15/2024 ~4 10 11 No calendar date, no consideration, no response citing defects, NOTHING. HAPPENED. And this 12 determines why I was even here in the first place!!! 13 Being pressed for time, in this very filing, I don't have time to list and cite all the whimsical, negligent, unprofessional and altogether unacceptable acts of both willful and intentional gross negligence, malice, 14   19 and oppression and discrimination. There are several examples, and these are procedural, that change the entire course of the case and affect the statute of limitations. However, I will try to list all that I can remember, presently In April of 2024 we attended pro se day, and the volunteer lawyers had a printout of our docket, and we all wondered why ever other items on the docket had dates, but the ~3 didn't have any dates listed in the itemized report that was printed out for these volunteers."
   },
   {
     "id": 9,
     "text": "We decided to ask 20 21 the clerks. Clerk Nair, C stated that it was a clerical issue, but it was critical that we noticed it, because 22 the ~m was never added to the judge's calendar, despite the entire filing being sound both procedurally 23 and statutorily. He said it was there fault, and in other words the hearing never would have happened, or 24 even been acknowledged by the judge. 25 ### MINUTE ORDER ### Full docket text for document 15: 26 27 28 ~m for ~3 by ^a. ~m Hearing set for 5/3/2024 at 10:00 AM in Courtroom 27 (DB) before ^mj Deborah Barnes. (Murphy, J) Modified on 4/5/2024 (Nair, C). ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 18  1 This request for an emergency ex parte to stay, so I could request and prepare a remand 2 3 4 hearing, is kicked out after bringing the attention to the judge that there was an action commencing, and cross-claim, and that I hadn't had any information or feedback, about the initial remand hearings that were filed. 5 6 28 ^f: ^e: 7 10/31/2024 ~m to Stay 11/01/2024 ^fe: 11/01/2024 Service by Mail 8 29 ^fe: 11/01/2024 Minute Order 9 10 11 On top of all the other neglect and mistakes and discriminations, this week being one of particular 12 difficultly, in trying to 1) File a complaint against the USA 2) Defend ourseves against a barrage of 13 14 15 corrupt orders, I had to create an emergency filing off of very rudimentary documents, hopging to at least have some person actually look at what has been going on with my case ~h v. ^am, 16 17 Instead, I received this—(below) 18 19 20   25 26 ### MINUTE ORDER ### Full docket text for document 29: MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for ^mj ^n2 on 11/1/2024: ^ps [28] ~m to Stay is noticed for hearing on a date not designated for the Court's civil ~m hearing calendar. While ^p has filed this as an "emergency" ~m, the ~m does not indicate that ^p is at risk of irreparable harm, and so this ~m shall be treated as a conventional ~m. Accordingly, the hearing date of 11/13/2024 is vacated. ^p is directed to re-notice the ~m at least 35 days from now pursuant to Local Rule 230(b). Available dates to notice the ~m can be found on the Court's website under ~m Schedule for Civil ~m Hearings at https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states- magistrate-judge-sean-c-riordan-scr/ (Her, S) Citing legal jargon, “not indicate that ^p is at risk or irreparable harm" without a citation, or considering the document itself stating I have had no acknowledgement from the court about a 27 remand ~m, that was never given a calendar date. 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 19    7 If this is issued by a judge, and it contains a legal argument, then it needs to be signed and mailed to me, and cited precisely, what parts of my document indicate there is no risk of irreparable harm. And how, drawing from reasonable inferences, can any half-literate mind, determine that I am not in a position of irreparable harm. [see @ 21]. ### MINUTE ORDER ### Full docket text for document 29: MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for ^mj ^n2 on 11/1/2024: ^ps [28] ~m to Stay is noticed for hearing on a date not designated for the Court's civil ~m hearing calendar. While ^p has filed this as an "emergency" ~m, the ~m does not indicate that ^p is at risk of irreparable harm, and so this ~m shall be treated as a conventional ~m. Accordingly, the hearing date of 11/13/2024 is vacated. ^p is directed to re-notice the ~m at least 35 days from now pursuant to Local Rule 230(b). Available dates to notice the ~m can be found on the Court's website under ~m Schedule for Civil ~m Hearings at https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states- magistrate-judge-sean-c-riordan-scr/ (Her, S)   11 12 No reasonable inferences are being drawn here, [### MINUTE ORDER ### Full docket text item 29, last @] or consideration meanwhile the (emergency injunctive relief) hearing has also been swallowed into oblivion, 13 4/4/24 14   ### MINUTE ORDER ### Full docket text for document 20: MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge ^n1 on 4/4/2024: Pursuant to Local Rule 302(c)(21) ^df's ~m to Dismiss (ECF No. [18]) shall be noticed before the assigned ^mj. Counsel for ^df shall contact the Clerk for ^mj Deborah Barnes for available law and ~m dates and re-notice the ~m before the ^mj with the proper time and date. Accordingly, the 5/23/2024 hearing before District Judge ^n1 is VACATED. (TEXT ONLY ENTRY) (Krueger, M) 19 20 21 Remand Hearings, or the ~3 now, seemingly dissolved twice, [dissolved once in 8/6/24 we have an order of reassignment ↓ nobody reads the docket, no consideration for the 22 State Court, which was filed properly, dissolved upon remand]— 23 24 25 26 ~3 dissolved again [~h v. Amazon] in the ~dc vacated with no consideration to the emergency stated, and the irreparable harms I suffer every day as I live a new life and have had to cope through terrible bouts with depression, as my entire 7-year investment across Live 27 Streaming platforms [ Twitch.tv/^d ] which I occupied myself with, as a content creator alongside 28 [Several YouTube Channels] This for me was MY LIFE, MY BABY, and a source of joy— ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 20    My YouTube partnership had expired, or changed, and due to the lack of an injunction, I can't even work on any content, as Amazon still presents itself as a looming threat over the associated Game [service] accounts, i.e, these rogue community managers could permanently ban my accounts, or even my Twitch.TV account as it is an Amazon owned platform. Additionally due to the complications of CHF I was unable to spend time to restore the YouTube partnership, or address issues with this contract that I had previously. 7   11 Hi ^d, At some point in the past, you signed the YouTube Partner Program (YPP) terms with us but are no longer part of the YouTube Partner Program. In January, we updated YouTube monetization terms, so your existing YPP contract is no longer up to date. As a result, we will be terminating your contract. This email serves as 30 days' legal notice that your YouTube Partner Program terms will be terminated on July 11, 2023. 12 13 I have been so engrossed in rehabilitation of CHF, and Court proceedings, that I could also not 14 address the issues expiration of my YouTube Partnership, and Facebook Gaming Partnership;   literal sponsorships, and contracts I had signed onto as a Content Creator, that were all torn from me after my hospitalization. 7-years of work, because some Amazon Games employees want to threaten my services and manipulate my paid services. 18 19 Update on your YouTube Partner Program appeal Inbox x 20 YouTube \u003Cno-reply@youtube.com\u003E to me▾   ► YouTube your contract. This email serves as 30 days' legal notice that your YouTube Partner Program terms will be terminated on July 11, 2023. To get back into the YPP, you'll need to meet the eligibility criteria and reapply. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 21    11 12 My Facebook Gaming Partnership also expired, and I was unable to work on restoring that due to complications with CHF, and having no ~3, to keep Amazon Games employees, from destroying not only the content that I was creating for Amazon, but the residual destruction that CHF, the [confirmed] harassment from Amazon Employees essentially destroyed my live streaming, and content creation channels; which has been further solidified by the negligence of this court. [id dates] Facebook Gaming x BavaMedia | Partner Welcome Inbox x Scott Anderson \u003CScott@bavamedia.com\u003E to William, Josh, Lore, Rob Hello! Welcome to Partnership! BavaMedia is super ECSTATIC to be your representation and help grow your channel on Facebook Gaming. [Next Steps] 13 14   With no ~3 placed, how can I protect myself against the Amazon Games Community Moderators, who can whimsically dismantle my Twitch.Tv [also owned and operated by ^am,] Account with nearly 1,000,000 LIVE HOURS viewed, and over 12,000+ hours live, [I have over 25,000 hours live if factoring in Dlive, Facebook Gaming, YouTube, Twitter, all of which I used to create content multi-streaming.] [see metrics below provided by https://twitchtracker.com/^d/statistics] My investment, my creation, my intellectual property spanning some 15,000 hours' worth of content I created across all live streaming platforms [id], 19 20 21 22 ^d Overview Streams Games Subs Statistics Clips 16/Nov/2016 12/Nov/2024 23 Select stats to draw them on the chart. Drag the mouse or pinch in to zoom in. 24 Total Followers Hours Streamed 25 7.4K 12,288 Average Viewers 58 Peak Viewers Hours Watched Active Days 1,317 717K 1,527 26 27 28 TwitchTracker.com ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 22    11 Without a ~3 in [~h v. ^am,] I cannot invest in my former life, my intellectual property, my artwork, my hobby, my outlet, my community- all of which were part of a therapeutic, and creative outlet which I used to keep myself busy, productive, and have my own goals and aspirations, and projects coping with PTSD and being disabled, living on minimal, meagers and the most basest income; yet it brought me so much joy to have these projects, and the ~3 could have afforded me, and still could afford me the ability to re-engage in another lifestyle and hobby other than fighting discrimination and shade thrown at me in the ~dc!! Without a ~3 in ~h v. ^am, I have no protections to secure me, and enable me to invest in my former life, my intellectual property, my artwork, my hobby, my outlet, my community, [@ 20-24 this doc] or the life I had before I had to witness a shooting at my apartments, I reported this shooting to the office, I witnessed it from the pool, this is all in 12 13 the docket that ^mj Carolyn K. Delaney, is a steward of [see Douglas V. Ezralow 14 captioned @ 1], 15 Man shot South Watt Avenue apartment complex CBS News Sacramento ВАСТАНСПО 180K subscribers Subscribe 16 17 18 19 662 views Feb 6, 2023 An investigation is underway after a shooting at an apartment complex in the Rosemont area Monday afternoon. Transcript 20 21 22 23 CBS News https://www.cbsnews.com/sacramento/news/1-hurt-in...▾ 1 hurt in shooting at Sacramento County apartment complex Feb 6, 2023 ROSEMONT - An investigation is underway after a shooting at an apartment complex in the Rosemont area Monday afternoon. The Sacramento County Sheriff's Office says 24 Tags: Sacramento County Sheriff 25 Rosemont Shooting Rosemont Area https://youtu.be/67Wdj_aB1mE?si=WBhCChCGqMnUBpBE 26 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 23  1 Case reassignment occurs [~h v. Amazon] and then as per status quo, nothing 2     happens, except I live day by day, in the ashes and shadow of a life I used to have before I lived at Montebello Apartments, where gun violence, and domestic violence, black mold are normal “apartment living", according to Stacy White. ### MINUTE ORDER ### Full docket text for document 27: ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of ^mj ^n2 to the bench of the ~ed, the court hereby reassigns this case from ^mj Deborah Barnes to ^mj ^n2 for all further proceedings. (Mendez Licea, O) I'm living in the ashes and shadow of a life I used to have before Amazon.com, Inc's, Behavioral Investigation revealed that literal Amazon Staff was found “manipulating your In-Game [PAID Amazon Service and] Experience” that it could be a “really big problem”, and that there was evidence "you're not the only and many customers could be affected”, as Amazon Games [Studio], staff “tried to control the game itself”. [17-minute confession by Amazon staff, in a recording which has never been able to be heard in any hearing] Case re-assignment occurs, nothing happens, no remand hearing, no ~3 hearing, no ~m to stay even available because that's kicked out, because I'm not suffering enough 18 "irreparable harm”, stated in a whimsical minute order served in snapchat-style instant message, while 19 taking no consideration for anything in the docket.↓↓↓ 20   ### MINUTE ORDER ### Full docket text for document 29: MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for ^mj ^n2 on 11/1/2024: ^ps [28] ~m to Stay is noticed for hearing on a date not designated for the Court's civil ~m hearing calendar. While ^p has filed this as an "emergency" ~m, the ~m does not indicate that ^p is at risk of irreparable harm, and so this ~m shall be treated as a conventional ~m. Accordingly, the hearing date of 11/13/2024 is vacated. ^p is directed to re-notice the ~m at least 35 days from now pursuant to Local Rule 230(b). Available dates to notice the ~m can be found on the Court's website under ~m Schedule for Civil ~m Hearings at https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states- magistrate-judge-sean-c-riordan-scr/ (Her, S) ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 24    11 12 When the statute of limitations is ticked away by the willful intention of the court! You can't say that all these acts of having no hearing, hearings being vacated indefinitely, orders without legal citations or signatures from a judge are simply mistakes. This case has been resting for 9 months with nothing but statute of limitations being abused, and a smoke screen charade of “process” without any actual hearings or discussions about legal standing or the fact that, Amazon Employees called me on the phone, as a result of a Behavioral Investigation into the actions of their employees, and told me that Amazon Staff was responsible for what I complained about!!! AND BOTH ME AND AMAZON HAVE THE RECORDING OF THIS CONVERSATION! A literal confession. And I can't have a hearing about an emergency room visit ^am, employees caused me, and subsequent disability since. That's one case, but it doesn't end there, it gets worse, In the case of Douglas V. Ezralow [see @ 1 caption] Case No.: 2:24-CV-00331 KJM-CKD ↓ 13 14 10 ^f: ^e: 08/16/2024 Clerk's Decline of Entry of Default 08/20/2024 15 ### MINUTE ORDER ### Full docket text for document 10: 16 17   REQUEST FOR ENTRY OF DEFAULT DECLINED as to Bryan Ezralow, Marc Ezralow, Leslie Huffman, Chris Robello, The Ezralow Company LLC. The clerk hereby declines to enter due to Unable to determine if summons was appropriately served based on the documents filed. (TEXT ONLY) (Murphy, J) Clerk makes a legal interpretation, doesn't have authority to decline, See FRCP 77 (c) CLERK'S OFFICE HOURS; CLERK'S ORDERS. (1) Hours. The clerk's office with a clerk or deputy on duty-must be open during business hours every day except Saturdays, Sundays, and legal holidays. But a court may, by local rule or order, require that the office be open for specified hours on Saturday or a particular legal holiday other than one listed in Rule 6(a)(6)(A). (2) Orders. Subject to the court's power to suspend, alter, or rescind the clerk's action for good cause, the clerk may: (A) issue process; (B) enter a default; (C) enter a default judgment under Rule 55(b)(1); and (D) act on any other matter that does not require the court's action. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 25  1 WE FILE AN APPEAL, ~m for relief from judgement or order—see docket item 1  1 ^f: 06/26/2024 Summons Returned Executed ^e: 06/27/2024 4 8 ^f: 08/16/2024 Request for Entry of Default ^e: 08/19/2024 5 9 ^f: 08/16/2024 Clerk's Entry of Default 6 ^e: 08/20/2024 7 10 ^f: 08/16/2024 Clerk's Decline of Entry of Default ^e: 08/20/2024 8 ^fe: 08/20/2024 Service by Mail 9 11 ^f: 08/28/2024 ~m for Miscellaneous Relief ^e: 08/29/2024 10 11 12 Citing the binding authority of the 9th Circuit, that our return of service, [and our agreement with 13 a managing agent on how we should execute service earlier in docket item 11], citing the 9th 14 “...return of service ...can be overcome only by strong and convincing evidence.” (see below} 15 8 "### MINUTE ORDER ### Full docket text for document 10: REQUEST FOR ENTRY OF DEFAULT DECLINED as to Bryan  Ezralow, Marc Ezralow, Leslie Huffman, Chris Robello, The Ezralow Company LLC. The clerk hereby declines to enter due to Unable to determine if summons was appropriately served based on the documents filed. (TEXT ONLY) (Murphy, J). We the ^ps believe that these orders are ambiguous and problematic, for all parties, including the Court. We believe that these orders need to be swiftly corrected, to reflect uniformity and conformity with FRCP Rule 55(a); which reads-- "(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default." The Ninth Circuit has ruled "[A] signed return of service constitutes prima facie evidence of valid service which can be overcome only by strong and convincing evidence." SEC v, Internet Solutions for Bus., Inc., 509 F.3d 1161, 1163 (9th Cir.2007). Additionally, the following ruling can be interpreted to hold Persuasive Authority, as per the general pleadings of Pro Se Litigants, or the ^ps; and not only the complaint; "The Court must accept as true all factual allegations in the complaint and must draw all reasonable inferences from those allegations, construing the complaint in the light most favorable to the ^p. Westlands Water Dist. v. Firebaugh Canal, 10 F.3d 667, 670 (9 th Cir. 1993). - Considering this logic, and the sworn 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 26    11 Which appeal, in the form of ~m for relief from judgement or order and are assigned a hearing date—defense has had two notices, with returns of service produced to court, two opportunities to respond using the judicial process; we secure hearing date for our appeal— For 10/9/24 ### MINUTE ORDER ### Full docket text for document 12: MINUTE ORDER issued by Courtroom Deputy L. Kennison for Chief ^mj Carolyn K. Delaney on 8/29/2024. The court is in receipt of [11] ^ps' ~m for Relief from Judgment or Order which is noticed for an unavailable date. On the court's own ~m, the hearing is RESET for 10/9/2024 at 10:00 AM via Zoom before ^mj Carolyn K. Delaney. (Text Only Entry) (Kennison, L) Defense “attempts to appear” gets a ~m date scheduled AFTER OUR APPEAL 12 HEARING DATE while two of their ^dfs are in default, they are scheduled for 11/13/24. 13 (Note they never served us any notice, or any paperwork, and we never consented to electronic 14 notice, so obviously we don't respond)   19 20   25 ### MINUTE ORDER ### Full docket text for document 9: CLERK'S ENTRY OF DEFAULT as to *First Pointe Management Group LLC, Stacy White* (Murphy, J) ### MINUTE ORDER ### Full docket text for document 16: AMENDED [13] ~m to QUASH by The Ezralow Company LLC. ~m Hearing set for 11/13/2024 at 10:00 AM in Courtroom 24 (CKD) before ^mj Carolyn K. Delaney. (Attachments: # (1) Declaration of Stacey White, # (2) Supplement Request for Judicial Notice, # (3) Proposed Order) (Truong, Tiffany) Modified on 9/26/2024 (Kyono, V). 26 27 Next @ 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 27    ^mj Carolyn K. Delany caters to the default part, uproots our appeal hearing, merges it into a hearing with a defense that hasn't noticed us of any hearing, or even contacted us to acknowledge they exist.   19 ^fe: 10/01/2024 Minute Order ### MINUTE ORDER ### Full docket text for document 19: MINUTE ORDER issued by Courtroom Deputy, L. Kennison for Chief ^mj Carolyn K. Delaney on 10/1/2024: On the court's own ~m and for judicial economy, the ~m hearing set for 10/9/2024, as to, ^ps' [11] ~m for Relief from Judgment is RESET for 11/13/2024 at 10:00 AM via Zoom before Chief ^mj Carolyn K. Delaney. (Text Only Entry) (Kennison, L) 11 So, to catch the reader up to speed- 12 1. Two ^dfs placed into default 8/16/24 (see @ 13 for recap) 13 2. Clerk extra-judicially declines to enter 5 of them even though ~m for entry of default 14 15 16 includes served and sworn affidavits detailing our agreement with a managing agent on how we should serve them, returns of service on both, two opportunities for defense to respond within and according to the judicial process. 8/16/24 (see @ 13 for recap) 17 3. We appeal 8/28/24 (see @ 13 for recap, docket item 11) 18 4. 19 Defense "attempts appearance” doesn't notice us, of anything doesn't serve us anything. (see @ 14, document 16) around 9/26/24 20   5. ^mj CKD uproots our appeal date and merges it into their date EIGHT DAYS BEFORE OUR APPEAL HEARING TO FIX CLERK "MISTAKE" OR "EXTRA- JUDICIAL ABUSE OF AUTHORITY” 10/1/24 We had an A. (^p) and B. (court) appeal hearing, i.e., before the attempted appearance of defense. ^mj CKD Destroys our appeal in this act—and ever so subtle sleight of hand. 10/1/24 (see above) ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 28    6. Judge CKD then totally vacates hearing, issues order for us to respond to a party which response would— a.) Constitute consent to be served electronically b.) Consent to forget about default party and implications it holds moving forward. c.) Consent to the destruction of our appeal hearing, and to just sweep it all under the rug. When according to the 9th circuit binding authority they should all be in Default. Changing the implications, and the entire direction of our legal strategy moving forward and any response we issue, and everything about the case. (see below) 10/16/24   14 15 ### MINUTE ORDER ### Full docket text for document 20: ORDER signed by ^mj Carolyn K. Delaney on 10/16/2024 VACATING the ~m hearing set for 11/13/2024; DIRECTING ^ps to file an opposition or a statement of non-opposition within 14 days; ^df may file reply within 10 days of ^p's filing. (Becknal, R.) 16 17 18 7. We ~m to for relief from the above order, informing the court that we haven't consented to electronic notice, [docket item 24 Douglas V. Ezralow] ↓ 19 20 20 ^fe: 10/16/2024 Order 21 ^f: 10/30/2024 ~m to Stay 21 ^e: 10/31/2024 22 22 ^f: 10/30/2024 ~m for Judgment ^e: 10/31/2024 23 23 ^f: 10/31/2024 ~m to Stay 24 ^e: 11/01/2024 24 ^f: 25 ^e: 26 Service by Mail 27 25 ^fe: 11/01/2024 Minute Order 10/31/2024 ~m for Miscellaneous Relief 11/01/2024 ^fe: 11/01/2024 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 29  1 More unlawful, negligent, and willful acts of malice, oppression, have occurred but at this 2 3 4 present time I do not have the ability to continue to list them all, as some of them begin to have, or reveal arguments which will be prepared for future litigations, on certain subjects; or in other words, I have cast enough legal arguments, and stated the harmful and irreparable actions of this court, and 5 testify that this in itself constitutes an emergency, upon which we are owed relief. 6     I declare (or certify, verify, or state) under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Cab ^a ^p 11/12/24 DATE ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 30  1 2 V. STATEMENT OF IRREPRABLE HARM 3 Recap of my experience in ~dc since ^am, Attorney dissolved my ~m 4 5 6 for ~3 and removed my case to ~dc; these injuries and irreparable harms have been suffered, QUICK RECAP OF MY EXPERIENCE IN ~dc SINCE ~4 7 HEARING WAS COMPLETELY IGNORE, DISREGAURDED, ETC, I've been-   1. Locked in the clerk office with security guards surrounding the area and threatened, badgered, bullied and harassed by the clerk. 11 2. Denied every opportunity for a hearing in 9 months, nearly a year. 12 3. Lost 9 months-year statute of limitations because court does nothing. 13 4. Rights, abridged, molested, beaten and destroyed, and appeal hearings completely dissolved. 14 5. Missed cariology appointment because I'm forced to choose between my inalienable rights 15 16 and, actions I need to take to preserve my rights, and forced to choose between that or my health. 17 18 6. Suffered two hypertensive crises, see 1. In this list, see @ 10 of this document. among many things I do not presently have time to list. 19 20   25 26 7. Compelled to reveal in now 3 cases, that I suffer from ACES (Adverse Childhood Experiences), that I was sexually abused as a child, beaten and locked in a cold-storage, and produce documents of the PTSD suffered from that because my sword word in affidavit, and complaint isn't enough for the Court to draw reasonable inference, or allow me any hearings. 8. Ongoing e~mal, and physical stress, due to undue burdens placed upon me, and the adversarial position the court has taken when I am the injured party and I am applying for Judicial Relief. But it appears nobody has ready anything on the docket, and we've just been beaten to death procedurally by the Clerks and Judges. 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 31        Court must accept the allegations as true); Scheuer v. Rhodes, 416 U.S. 232, 236 (1974) (court must construe the complaint in the light most favorable to the ^p). Pro se pleadings are held to a less stringent standard than those drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972). 9. Each day I feel intimidated, or anxious to enter that building to pursue my 5th amendment right to due process and application to judicial relief, each day that I feel intimidated and fearful to enter that building is another day of irreparable harm, which I have felt everyday and I will feel everyday, until I know that I have taken all the appropriate action to prevent this from ever happening again, to prevent myself from ever being locked into the clerks office with a wild and unhinged employee who thinks she can badger, harass, and ultimately threaten and intimidate the public, in the execution of their civil liberties; from the moment it happened to each day that I am filing (which I have now a massive amount of filings pending) each day experiencing this is irreparable harm. 10. This harm is irreparable because it not only threatens my civil liberties but it also threatens my health, due to the clerks threats, and harassment. Having me locked into the clerks office surrounded by security guards, because she provoked me from a urgent tone of voice, to an assertive tone of voice- which provocation was purposeful as she badgered and harassed me almost every 30-45 seconds in the midst of filing paperwork— and kept joking and laughing about pressing the button with the other clerk [assuming the Spanish lady]. This is a serious and irreparable harm already, irreparable harm has already occurred due to the now two weeks almost three weeks of ongoing stress, initially created by these clerks, but now my health concerns are exacerbated by this stress, and I have already missed a cardiology appointment because of the stress related to why I was last minute filing in the first place. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 32  1 11. Again it should be noted, I HAVE BEEN WORKING EVERY DAY, STAYING UP LATE, 2   8 LOSING SLEEP, PUSHING THROUGH MY DISABILITIES, TRYING TO COMPLETE NECESSARY PAPERWORK AND TASKS TO SECURE MY RIGHTS, MUCH OF THIS PAPERWORK AND TASKS INCLUDING THIS NEW COMPLAINT AND CASE IN WHICH I AM FILING THIS TRO-THIS IS ALL AN UNDUE BURDEN AND A STRESS AND IRREPRABLE HARM IN MY LIFE, BUT A NECESSARY ACTION TO TAKE WHEN WE HAVE CLERKS BEHAVING LIKE THIS AND JUDGES CREATING ILLEGAL ORDERS. 9 10 11 OTHER IRREPRABLE HARM SUFFERED PAST AND FUTURE- 12 13     As a result of this harassment and discrimination, it has caused me to have a hypertensive crisis, as my blood pressure has risen above the normal 130-140 to 200+. As a result of the high stress and anxiety it caused the day of these incidents, and particularly that Friday, I was having extreme chest pains and labored breathing, I had more excessive swelling and edema in my legs and ankles, this same edema, is what also causes trouble breathing, when laying down. It is an irreparable injury any time you try to intimidate someone, threaten or harass them, or cause them to feel fear when executing their Civil Liberties, and these Clerks are responsible for all of that, and the continual threat and fear of this happening in the future, while I have an extreme amount of paper work to file still and pending, and I cannot have this undue stress, this undue burden, or any fear that she might have me locked up in the clerks officer, antagonizing me and harassing me, provoking me or even in the least bit causing me fear. I have no criminal history whatsoever. There is no reason to treat me like this or to deny me any civil liberties or use the security of the building as your person bull dogs, to threaten or harass me or to 26 intimidate me from executing my rights to file and use the court services. This sort of action is border 25 27 lining conspiracy to entrap me and cause me to have some sort of criminal record, when you threaten to 28 bring security officers, whenever we even raise an assertive voice, or state our rights; these clerks are ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 33  1 pulling out walkie talkies, pressing buttons, and slamming closed the filing stations, as if to punish us and 2   intimidate us. We will not be intimidated that she's going to, or they are going to [the Spanish lady and the blond lady with tattoos Shelly or Kelly] I'm not going to live in fear of how I move and use my rights, I have been utilizing these rights for a nearly a year, without any contention directly with the clerks, except when I came late those days stated in the incident, and encountered the pompous and disrespectful unjust stewards, trying to provoke me into a contention, a terrible situation and intimidating me.     14 This is not acceptable, and I demand a hearing to provide oral testimony and argument. I can provide any other documents that the court may require, or in other words I am fully ready to try and provide anything the court needs to issue an emergency TRO, and I would also like my family to testify against these abuses, and how they affect me. If there is a hearing, we demand for an in-person hearing, so my family can testify of how we were locked in a cold storage as children by my stepfather, and of how this affects me daily now as I prepare to file, in my performance and execution of my rights.   This is in every way unacceptable, and I will not cease to document, complain, and do everything in my power to secure justice, and my civil liberties from being molested or compromised by evil-disposed and conspiring, clerks. The whole agitating me until she feels she has enough “executive power” to press 18 19 a button, while literally harassing me every 30-45 seconds while I fill out paperwork; and giggling, 20 scoffing at me when I tell her to stop harassing me, and giggling to the other clerk about when she gets to 21 22 press the button, this is all so sick, disgusting and unacceptable, that yes even if it's a 5 minute conspiracy they still combined, to intimidate, threaten and harass me. 23   ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 34    I need this TRO, AND ALL THE FACTS CONTAINED HEREIN TO BE PROPERLY ACKNOWLEDGE so I can feel safe, and secure about filing and preparing documents. They, both clerks, need to be put on administrative leave, rebuked and retrained, and swear an oath to uphold the constitution-And possibly be completely relieved of their duties and terminated. These incidents are going into the complaint as a cause of action in ~h V. The ~1, not a matter of if, but when.     I declare (or certify, verify, or state) under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. ^a ^p 11/12/24 DATE ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 35  1 2 VI. DECLARATION OF FAMILY MEMBERS IN SUPPORT OF TRO DECLARATION OF ^l ^p'S SISTER   8 I, ^l, am writing this written statement on behalf of my brother Andrew G ~h. Growing up I ^l along with my brother Andrew ~h and sister Tara ~h experienced extreme child abuse neglect and trauma. Some of these punishments included being whipped with a belt, wooden spoon or extension cord. Being hogtied with duct tape with our hands and feet bound together while being whipped and told now try and get away. And last but not the least being locked inside the cold storage under the house. Due to this abuse my brother 9 and I as well as my sister developed C-PTSD, anxiety and depression. This has made life extremely hard 10 for my brother Andrew to function and live a normal daily life. Now to express my deep 11 12 concern. Your clerk who has a duty to serve the public with respect and patience and not come to a bias about a persons disability. She failed to do her job to the best of her ability. My brother has 13 14 the right to be served with dignity and respect regardless of the clerk own personal opinions and bias. She decided to abuse her power and exploit the court to execute her own agenda at the time. 15 She was being bias argumentative and refusing to deescalate the situation even when told that he has C- 16 PTSD and CHF. She then brings in security to back him into a corner and locking the door 17 18 leaving him with no room to escape the situation. This caused him extreme e~mal distress and pressure on his already weak heart. She could have caused a heart attack or stroke due to her 19 20 behavior. I would like the court to take all this into consideration that a clerk who thinks and moves like her. Has no business working with the public if they cannot control or contain their own personal 21 opinions and biases. Also, she should not have any interaction or discussion with him moving forward. 22 23 24 25 I declare (or certify, verify, or state) under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. 11/12/24 26 27 ^l 28 DATE ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 36    DECLARATION OF ^l ^p'S SISTER ORIGINAL EMAIL 4 5 6 I ^l am writing this written statement on behalf of my brother Andrew G ~h. Growing up I ^l along with my brother Andrew ~h and sister Tara ~h expierenced extreme child abuse neglect and trauma. Some of these punishments included being whipped with a belt, wooden spoon or extension cord. Being hogtied with duct tape with our hands and feet bound together while being whipped and told now try and get away. And last but not the least being locked inside the cold storage under the house. Due to this abuse my brother and I as well as my sister developed C-PTSD, anxiety and depression. This has made life extremely hard for my brother Andrew to function and live a normal daily life. Now to express my deep concern. Your clerk who has a duty to serve the public with respect and patience and not come to a bias about a persons disability. She failed to do her job to the best of her ability. My brother has the right to be served with dignity and respect regardless of the clerk own personal opinions and bias. She decided to abuse her power and exploit the court to execute her own agenda at the time. She was being bias argumentative and refusing to deescalate the situation even when told that he has C-PTSD and CHF. She then brings in security to back him into a corner and locking the door leaving him with no room to escape the situation. This caused him extreme e~mal distress and pressure on his already weak heart. She could have caused a heart attack or stroke due to her behavior. I would like the court to take all this into consideration that a clerk who thinks and moves like her. Has no business working with the public if they cannot control or contain their own personal opinions and biases. Also she should not have any interaction or discussion with him moving forward. 7 Sincerely, ^l     DECLARATION OF CHERYL DOUGLAS, MOTHER TO ^p Honorable Judge, 14 15 Andrew has been bright, inquisive, and quickly caught things onto things as a child. But at around age 16 six years old he would experience the hardest years as a child. I married my second husband, and we had a blended family with his oldest child, [REDACTED] 17 18 His stepfather had been sober for about six to nine months and then relapsed. I had a three-year- 19 20 21 22 old and a six-month-old child. I quickly found out that the [REDACTED] things to my children that were cruel and physically abusive, and Andrew received the worst of this behavior. [REDACTED [REDACTED] I don't know all the grotesque details, but I also found out Scott would put the kids into a cold storage. 23 24 I later found out that my kids would be put in this under the cold storage when they were being punished 25 26 by their stepfather. They would be locked in there for hours. My oldest daughter came up with the idea 27 28 to bring a butter knife for them to escape this storage. Needless to say, my son suffers from PTSD from [REDACTED] under my husband's care. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 37  1 While I was out of the home working. My son described to me an incident a couple of weeks ago, 2 in which the doors were locked behind him at the Federal Building Court Clerk's Office. Instead     of being helpful to my son. Who suffers from Congested Heart Failure. The Clerks added more pain and suffering in already delicate matters. He arrives late at the Federal Court Clerk's Office because he is suffering from heart failure. But instead of service, that is an entitlement to every citizen. Your clerks try to rush him through this paperwork. I currently work in the field of service. I have to exercise the utmost patience with the high-risk people that I serve. I have to not show my face of frustration and impatience because this could make the difference between the person being served becoming elevated or agitated. They come from all walks of life. I have to exercise a lot of restraint to be able to help the person with what they need, what they want, and what I may not be able to help with that day. I would hope the Federal Court Clerks would have some type of de-escalation training or have some sense a person is in crisis and they may be causing undue hardship to someone facing these types of diagnoses. Instead of trapping him in your quarters and 16 causing his heart to be elevated and cause him to panic. I hope that future action from the Federal 17 Court Clerk's office exercises more professionalism and due care to my son and others who may have to 18 approach them to file their specific case at the Federal Court house. 19 20 Sincerely, Cheryl Douglas   I declare (or certify, verify, or state) under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. 25 26 CHERYL DOUGLAS 11/12/24 DATE 27 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 38    7 VII. ~m FOR TRO Federal Rules of Civil Procedure Rule 65(b) - Temporary Restraining Orders Your Honor, I am requesting an immediate issuance of a Temporary Restraining Order (TRO) due to the continuous and egregious harassment, intimidation, and discriminatory actions by court clerks, which have directly impacted my health and ability to exercise my legal rights.   BASED ON ALL THE DOCUMENTS IN THE DOCKETS, AND THIS AND ANY WRITTEN OR ORAL ARGUMENTS THAT CAN BE PROVIDED, I AM ~mING FOR THIS TRO AGAINST CLERK ‘SHELLY OR KELLY' 11 AND WHICHEVER CLERK WAS PRESENT ON- 12 13 Friday November 1rst, 2024 3:50 pm approximately, Who the clerk was combining with to exercise undue, and unrighteous dominion over me, resulting in life threatening elevations 14 15 of my blood pressure, and causing me much e~mal distress, and anguish on top of the deadlines and actions I am currently trying to effectuate and fulfill. 16 17   Background: [see entire document, especially I.V. incident report] I have faced ongoing harassment by court clerks "Shelly" or "Kelly," which has exacerbated my Congestive Heart Failure (CHF) and PTSD, causing severe health complications. Despite informing them of my conditions, their actions persisted, resulting in a hypertensive crisis and other serious health issues. Additionally, there have been significant procedural abuses in my cases, which further highlight the need for immediate judicial intervention. NEXT @ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 39  1 Elements of TRO under FRCP 65(b): 2 1. Immediate and Irreparable Injury: 3 • 4 5 6 • 7 The clerks' harassment has led to my hypertensive crisis, with blood pressure readings consistently above 200, chest pains, and labored breathing. Past medical attention confirms that the stress caused by these incidents is life-threatening. Case Law: Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008) supports the necessity of demonstrating that irreparable harm is likely in the absence of an injunction. This ongoing threat to my health constitutes immediate and irreparable injury, justifying the need for this TRO. 8 • 9 10 11 2. Likelihood of Success on the Merits: 12 • 13 My claims are supported by concrete evidence, including documented medical records, affidavits, and recorded admissions by Amazon in ~h v. Amazon - Case No.: 2:24-CV- 14 00729-TLN-SCR. 15 • Case Law: Glossip v. Gross, 135 S. Ct. 2726 (2015), emphasizes the need for a showing of 16 likelihood of success on the merits. 17 • The documented harassment, procedural abuses, and medical consequences establish a strong 18 19 20 likelihood of success on the merits of my claims. 3. Balance of Harms: 21 • 22 The harm I face from continued harassment and intimidation significantly outweighs any potential inconvenience to the clerks if the TRO is granted. The clerks' actions have caused 23 severe health issues and disrupted my ability to pursue legal remedies. 24 • Case Law: Amoco Production Co. v. Gambell, 480 U.S. 531 (1987), highlights the importance of 25 balancing harms between the parties. 26 • 27 28 Granting the TRO will prevent further harm to my health and ensure the fair administration of justice. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 40  1 2 4. Public Interest: 3 • 4 Issuing the TRO serves the public interest by upholding the rights of individuals to access the courts without fear of harassment or discrimination. It also reinforces the integrity and 5 accountability of judicial processes. 6 • 7 Case Law: Sierra Club v. U.S. Army Corps of Engineers, 990 F. Supp. 2d 9 (D.D.C. 2013), supports the consideration of public interest in granting injunctive relief. 8 • 9 Ensuring that court procedures are fair and just for all litigants, especially those who are pro se, disabled, or in forma pauperis (IFP), serves the public interest. 10 11 5. Security: 12 • 13 Given my financial status and the nature of the harm involved, I request a waiver of the security requirement. Courts often waive security for individuals proceeding IFP. 14 • 15 Case Law: Molina v. Romero, No. 19-50617 (5th Cir. 2020), recognizes the court's discretion to waive security for IFP litigants. 16 • Federal Rule: 28 U.S. Code § 1915 - Proceedings In Forma Pauperis (IFP) 17 18 Text of the statute: (a) (1) Subject to subsection (b), any court of the ~2 may authorize the commencement, prosecution, or defense of any suit, action, or proceeding, civil or criminal, 19 20   or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such person possesses that the person is unable to pay such fees or give security therefor."
   },
   {
     "id": 10,
     "text": "Such affidavit shall state the nature of the action, defense, or appeal and affiant's belief that the person is entitled to redress. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 41    Brief synopsis of each case, and the outstanding merits 4   12 1. ~h V. AMAZON - Case No.: ^c1 I was harassed and stalked by Amazon Employees for 7 months. On a recorded line Amazon confessed, [I have the recording documented, as does Amazon], as a result of a behavioral investigation, they had found employees responsible for this conduct. November 17th, 2023. After 14 days of intense chest pains and shortness of breath because of these events, I was hospitalized on Nov 20th 2023, and diagnosed with Congestive Heart Failure, Broken Heart Syndrome, Takotsubo Cardiomyopathy. 5% experience permanent heart failure. I am currently in that category. 13 14   This “confessional” video, is backed up to my YouTube Channel, Set to Private, and backup across multiple other means, to preserve the integrity, of this audio document. Channel content Video details Title (required) November 17th 2023 - Amazon "Behavioral Team" has been investigating the actions of Employees 16:33 Description? 19 Your video He said that Amazon Employees (agents) were found "manipulating my in game experience". November 17th 2023 - Amazon "Beh... 20 Details They were found using "Bots" or alternative characters. That "they would take action against all those who have been found" with "that on their hands." 21 Analytics "It could be a very big problem" 22 Editor 23   ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 42  1 Amazon Games Employees, and the responses of this court, the negligence of this court 2     18 19 compounded with my CHF, negligence in not even allowing me a hearing for ~3, has resulted essentially in the entire destruction, of that which brought me the some of the greatest joy and happiness in my life. My ability to engage in content creation and my channels will remain dead until a protective order is created, so that I can continue my artwork, my joy, interact with my community, and attempt to salvage what has been lost; the negligence of the Court, in allowing the clear and obvious irreparable harm, to continue each day—[see @ 20-24], [see vacation of hearing, reassignment, refusal to schedule hearing for ~m to stay, etc. in ~h V. Amazon Docket, and this document] My disputes began on November 8th with Amazon, when employees that had already been harassing me for 7 months [documented and complained of] maliciously targeted me to interrupt certain Amazon Services, as well as the overall struggle of trying to tell Amazon over and over what was happening, while retail employees from all around the world would hang up the phone because they didn't know how to handle or escalate my needs, causing me to repeat the story of the abuse over and over and over again, until they finally launched the behavioral investigation. I was hospitalized Nov 20th 2023, after 12 days of intense e~mal distress due to the threats and the loss of business, and intellectual properties. 20 21 22 KAISER PERMANENTE® 23 24 Problem List (continued) as of 11/8/2024 25 Acute exacerbation of CHF (congestive heart failure) 26 Hypertensive urgency Acute pulmonary embolism Received from Renown Health on 11/20/2023 0708 27 28 ~h, Andrew G MRN: 110013574002 Sex: M SSN: xxx-xx-8165 Patient (continued) 11/21/2023 Yes Acti 11/21/2023 11/21/2023 Yes Acti Acti ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 43  1 2. DOUGLAS/~h V. EZRALOW - Case No.: 2:24-CV-00331 KJM-CKD 2     In June 2022, me and my mother moved to Sacramento CA, into Montebello Apartments. I witnessed a [documented]shooting on the property, after a few months after we moved in. I was first to report this shooting to the office. Additionally, shortly after we moved in, a family moved in above us; and for 14 months our quiet enjoyment was destroyed. We were trapped in a situation of being exposed to domestic violence, while EZRALOW [all ^dfs] denied us 3 times to negotiate our rent, and denied us from moving into a 3 bedroom to escape the violence and stress. EZRALOW confessed and conceded by evicting the family who committed the domestic violence. We were trapped in that situation for 14 months, because they denied negotiations, 4 times [documented].   Minimally we succeed on the merits of 14 months of quiet enjoyment being breached, because Civil Code – CIV 1927. Implied Covenant of Quiet Enjoyment 14 15 ‘An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same.' 16 17 18 19 In simpler terms, this means that every rental agreement in California includes an implied covenant of quiet enjoyment. This covenant ensures that tenants have the right to use and enjoy their rented property without substantial interference from the landlord or other parties. 20 21 22 23   In evicting the nuisance party, our whole building, our small neighborhood was relieved from this constant terrorism, but the eviction itself acknowledges guild and admission from the property management, we had all been subjected to this breach of our quiet enjoyment. 28 Next @ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 44      14 3. ~h V. THE ~2; Case No. ^c3 Judge CKD in Douglas V. Ezralow has engaged in terrible behavior, it is most cruel, sickening and disgusting; the docket is filled with examples of discrimination against Pro Se litigants, and the overall uprooting and destruction of our rights, when she removed our appeal hearing completely (it was scheduled before any defense had appeared) docket actions themselves confess of guilt, this TRO, the breakdown of the partiality, bias and discrimination against disabled, pro se, IFP litigants is manifest in both cases, and likely to manifest itself in ~h V. The ~1 Not just on one, but two occasions, have obstructed us from serving them a notice of TRO and filing the TRO explained in the next sections. They won't give 5 minutes to finish a filing, before going nuclear on the Constitution.     Next @ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 45    VIII. CLERKS OBSTRUCT SERVICE OF NOTICE AND FILING OF TRO- FRIDAY NOVEMBER 8TH, 2024   8 9 Attempt was made to notice the clerks of TRO and file, on November 8th, 2024, but due to the difficulties imposed upon myself being in an adversarial position against the Court, and the Government of the ~1, forced upon myself, and my mother, by the actions of the Clerks of this Court, and by the actions of ^mj Carolyn K. Delaney, we are compelled, by necessity to have to appeal 4-5 orders from the Case Douglas V. Ezralow. Due to this preparation of files, and the difficult task; I myself was compelled to arrive just later 10   14   but we decided to make a call to the clerk's office to tell them to wait to be noticed of the TRO. I spoke first with someone identifying themselves as “Valerie” [November 8th, 2024, at 3:55 PM] which in attempted to explain to her that we needed to notice the clerks, of the TRO, and immediately she hung up the phone. [see call log at the bottom] I called again and spoke with the Spanish lady, and told her we needed her to stay open, so we could notice the TRO—she was extremely combative, but yet again I tried to tell her that we needed to serve her a TRO Notice and to stay open, My sister arrived at 4:03pm, and found the clerk's office closed. The Clerks, in spite of being told that we needed to do an emergency TRO filing—| Well as stated, one of the Clerks [Valerie?] just hung up the phone. The other clerk [The 19 Spanish Lady]is a bit more subtle, meaning she stops to calculate, and then with her typical pompous 20 obstinance, in which she will try by any means not to do anything, or claim the clerk can do nothing, 21 22 outside the scope of stamping a paper. If you ask her to do anything else, she basically turns into a cold and intimidating person. 23 24 +1916-930-4000   ✓ Outgoing call 1min 48sec Nov 8, 3:55 PM Outgoing call Nov 8, 3:57 PM 1min 38sec Call Video call Message ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 46  1 Albeit, we were arriving late, but once again if she would have just taken 5 minutes to help correct 2 3 things her department has done. Or in other words, these filings are because of mistakes that have dreadful consequences on our action, 4 5 Instead if you point out the mistakes or errors of the choices of the clerk, they turning   12 I declare (or certify, verify, or state) under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. Rest 13 14 ^l   ^a 11-12-24 DATE   ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 47    IX. CLERK OBSTRUCTS SERVICE O NOTICE AND OF TRO AGAIN – TUESDAY NOVEMBER 12TH 2024 On Tuesday, 11/12/24 after struggling much to revise and prepare this document to be given as 5 6 7 notice to the Clerk's office of the ~dc, ~ed, me and my sister Lauren aimed to arrive at 3:20PM. As one can attest, by the size, the scope and the complexity of this situation in which I am fighting tooth and nail— for every last shred of my civil liberties—I unfortunately 8 9 was unable to leave the house earlier due to certain aspects, and pieces of ^xs, or citations that I felt needed to truly be a part of this document. Nevertheless, I still made an asserted effort to arrive 20 10 minutes before the closing of the Clerk's Office. 11 SNAPSHOT OF OUR [Andrew and ^l] CONVERSATION VIA TEXT SMS 11/12/24 12 13 14 15 ← L Laureny : I'm on the way are you there 3:30 PM SMS Just got parked 3:30 PM 16 17 Eta 3:40 PM 18 I let clerk know we are filing the paperwork 3:41 PM 19 20   NEXT @ I believe its the supervisor 3:45 PM like this traffic just like before the exit it's like super dumb But it says I'm driving in like 8 minutes Perfect I parked near train station 3:46 PM There was still a open spot 3:46 PM 3:46 PM SMS ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 48    11 My sister Lauren Arrives fairly early around 330pm and makes it into the Clerk's Office informs the Clerks of our filing. She is there literally 27 minutes before it closes. At 20 minutes until it closes the Spanish clerk, informs my sister ^l that they close at 4pm. As an act of God, or just plain bad luck, as I am approaching the Exit to I-5 north at this junction [pictured below]. I say act of God because the stalled car, caused me to arrive yet again, 7-8 minutes before closing; and any pressure of time I had planned against, to allow the ease of filing without contention but alas this is not what happened. Stalled car approximately at red circle [pictured below]. 3rd St V St 4th St V St   18 Capital City F 50 Victorian Alley W St Southside Park Community Garden Stream 19 I arrived approximately 6-7 minutes before the clerk's office closes. Now again I say it was an 20 act of God because instead of having a smooth exchange, we were given a sword. There was once again   cast a sword between us, and a choice presented itself. Or rather the Clerks were given the choice to either choose the angels of their better nature and behave as just stewards or choose the angel of their more evil nature and trample us and abuse their authority. Immediately the Spanish clerk starts harassing us, you need to hurry we are closing in 5 25 minutes, and we just agree, then the Spanish clerk again says something like, you're always doing So, my sister being present this time, and having arrived nearly a whole half-hour earlier, was 26 and literally starts railing and accusing me and fires up the contention, again. 28 there to attempt to diffuse the situation, and advocate for me. I was shuffling papers, and secured my 27 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 49  1 phone, and leaned it by itself against the glass but didn't have the record going unfortunately. The 2   8 Spanish lady was railing us again about something, I can't remember, it all escalated to quickly, and then in the middle of our transaction, after she told us 4-5 times and literally wouldn't stop harassing us and instigating a contention, and it didn't have to go down like this. She could have just let us exercise our rights, and she could have been a just steward of the law, and filed the paperwork. Instead in the last minute or so someone gets a wild hair behind the clerk counter, the Spanish lady is just itching to have a reason to reject us and cancel our filing. Some unknown mail clerk that I've never met before walks up, waves his hands like Michael Jackson saying 9 something about how we have to leave, and the Spanish lady pushes our paper work off the desk, and 10 slams the windows closed and tells us to leave, as they both start using intimidating, threatening, and 11 harassing behavior, so as to appear to be signaling or calling the security again, simply because we as     citizens went from a friendly to assertive voice, when she wouldn't stop harassing us and instigating a contention. I say again, act of God because, they had a choice. This last three weeks has been literal hell for me. This court has tried everything its power, including having me locked in the clerk's office, surrounded by glaring security guards, and the gnashing, gnawing threats of these clerks simply because we asked them to accommodate us and finish the filing. My sister literally asked the Spanish clerk to accommodate my disability because I had been revising, editing, and preparing this document, so that its quality and integrity would be of a greater quality to be acceptable, as it is terribly important, at this point as I have been suffering from extreme exhaustion and Hypertensive Crisis, I've had my 5th amendment trampled as my appeal hearing was gutted and dissolved by Judge CKD, I've suffered every manner of discrimination, harassment and intimidation, even the girl with the glasses, the clerk with the glasses was mocking us and laughing at us while the Spanish clerk and the boy clerk were huffing and puffing and slamming the windows closed, cancelling our filing, and ordering us to leave while threatening to call security. I was compelled to then begin to film them with my cell phone, and I told them, that according to FEMA we have the right to film federal employees in their capacity of their duties, in publicly accessible areas. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 50  1 2 https://www.fema.gov/fact-sheet/first-amendment-rights-federal-facilities 3 4 First Amendment Rights in Federal Facilities 5 6 7 English   18 Release Date: September 22, 2023 Visitors may enter federal facilities, including Disaster Recovery Centers, the Joint Field Office, Branch offices and other locations that are open to the public. When federal employees interact with visitors, be aware of the following. ■ Visitors may not be disruptive or threatening. ■ They may not intrude on others' privacy, photograph or take video of disaster survivors without consent, film or record in non-public spaces. In these circumstances, the visitor may be asked to leave. ■ Everyone has a right to photograph, film or record government facilities and employees in publicly accessible locations. ■ Visitors may ask employees who they are or who is their supervisor. Employees do not have to respond. ■ Federal employees are reminded not to touch, demand ID, restrain or detain or seize equipment or personal items. Be professional and considerate in interactions with the public. If you have a question about appropriate behavior, consult your supervisor. 19 20 21 22 23 I'm not going to provide an exhaustive argument, about the rules, as it is now 3:30 am. Previous 24 to this I checked local rules and FRCP. The Eastern ~dc is also lacking a Marshal, or it has 25 been vacated, and consequently may not have the latest rules, policies and procedures enforced. 26 However convenient to these Clerks and their pompous and abusive behavior and abuse of authority, 27 28 they told us "We can't film them”, we stated the above rule, and regardless, we have a right to film any public employee engaged in harassment and intimidation of citizens. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 51    7 8 9 This wanton, reckless, rude, abusive, ugly and arrogant behavior after they have been explicitly informed of our disabilities, and asked to reasonably accommodate and file the paperwork—their refusal compelling us to have to drop the packet of papers over the clerk window, because they were altogether refusing to accept the service of notice, and the girl with glasses was mocking and laughing at us, standing by the printer. This behavior is no longer a shade of any mistake. No one of them can be excused because of these actions and this is a CRIME and an obstruction of justice, and willful negligence and abuses of the ADA American's with disabilities act. I might have a voice, and thank God I have a voice, and I have enough willpower to muster this together, and family that has helped me come this far, because all other 10 American's without any sort of advocacy or support circle, will be utterly trampled, abused, and 11 destroyed and left to decay by the wayside, to these pompous and arrogant, unjust stewards of the law.   18 I want to be there earlier, trust me, but I also want to protect my rights and create documents that are sound and represent everything true to the facts with as much research and integrity as possible. I accept my weakness, my downfall, but it wouldn't be like this if this Court actually lifted a finger to shine even the tiniest shred, or the smallest ray of justice in my direction— what I have experienced here is disgusting. This is unacceptable. All of this could be solved by just closing their mouth for 4 minutes and upholding the sacred exercise of Whatever scoffing or cynical justification these employees are using to justify this sort of 19 behavior, or perhaps backbiting, or just plain altogether simply being inconsiderate and arrogant. 20   NEXT @ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 52  1 Maybe they are offended if I asked for some unfathomable amount of money as damages to any 2 3 4 action, it doesn't matter— as stewards who have sworn and oath to the Constitution, I would hope they are obligated to swear an oath, because they need to read it every day when they open those windows for business. I have been through literal and utter hell this last year, and I deserve relief, and injunctive 5 relief; that I might have the liberty to try and piece back together my former life. 6     I declare (or certify, verify, or state) under penalty of perjury under the laws of the ~1 that the foregoing is true and correct. ^l ^a 11/12/24 DATE ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 53        21 X. NOTICE OF PREPARATION OF WRIT OF CERTIORARI “GOVERNMENTS ARE INSTITUTED AMONG MEN, DERIVING THEIR JUST POWERS, FROM THE CONSENT OF THE GOVERNED" The Government and all its branches and services are the footstool of American Citizens THE DECLARATION OF INDEPENDENCE This document is to be mailed, via Certified mail directly to, or to the administration of— The Supreme Court of the ~1, The Ninth Circuit Appellate Court—, Governor Gavin Newsom, The White House c/o President Elect, The Israeli Mossad [2.], and The Church of Jesus Christ of Latter-Day Saints [3], and the Attorney General for the ~2. Noticed to the House of Judah *[2], and to the House of Ephraim *[3.], that Israel may be as a witness against you [The Eastern ~dc, Government of the USA], and that you might have understanding, of the word “Judge” or “Judgement”— whence derived, according to its etymology. ETYMOLOGY OR ROOT DERIVATIVES FOR THE WORD JUDGE, JUDGEMENT Wiktionary states “From Middle English juge, jugge, from Old French juge, from Latin iūdex, [4.] I will add guided precision, Latin Iudaea, or as in Rex Iudaeorum [5.] and to narrow it down even further, Greek: Ἰουδαία, and finally from the Hebrew, יהודה – the Hebrew Given Name, Judah. ]6.[ 22 *[1.] ~h V. The ~1, pg. 1 of this document, Case No. ^c3 Eastern ~dc of California [2.] Remnant of the Tribe of Judah [3.] Scattered 23 and gathered remnants of the Tribe of Ephraim and many other tribes, gathered in according to their faith in the God of Israel, and the Messiah, which concepts are of [2.] related to [2.] and altogether 24 have its function and existence due to the House of Judah and covenants between God and Israel. [4]. https://en.wiktionary.org/wiki/judge [5]. This Document* "the scepter shall not 25 depart from Judah" is a prophecy from Jacob's blessing of Judah in Genesis 49:10, name of Judea in Latin, and 'King of the Jews' in Latin. [6]. Name Judah Wikipedia 26 27 28 Next @ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 54      In conjunction with the my pending amendment of the complaint, and the filing of my opposition to the recommendations an findings [see docket item document 4: FINDINGS and RECOMMENDATIONS signed by ^mj Allison Claire on 11/1/2024] (Note: the Writ of Certiorari is NOT being initiated because of docket item 4, quite the opposite as I am very pleased to respond to the recommendations and findings, and provide amended punctuation, and clarification to things stated in the complaint, as this complaint was filed in haste and under much stress, mostly dictated by the speech to text function within Microsoft Word) The Writ of Certiorari is being initiated as a consequence to the actions that caused the need for this TRO, as a consequence, to perpetual abuses, perpetual discrimination, (against in pauper, pro se, disabled, litigants) perpetual intimidation, perpetual violations of civil liberties, personal injury to my e~mal and mental state, for the causing of much undue stress, illness, physical and e~mal harm, to myself and my family— I am therefore obligated and compelled to appeal to The Supreme Court of the ~2, circumventing appeals through the Ninth District, as a result of the constant barrage of abuse from this court, the ~dc, ~ed. This will be filed and served, ideally and tentatively by Friday November 15th, 2024. In more simple or rudimentary terms, I am suffocating right now trying to find one single speck of a right that I have in this court, the ~dc, ~ed. The clerks expressing this attitude that I don't have any rights to file, or schedule a hearing, judges vacating and disintegrating properly initiated hearings by sleight of hand, among many other things that are abundantly documented, and witnessed upon and by review— of the associated dockets, referenced in the Complaint, and Cross-Claims associated with this case.   ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 55  1 ^a P.O. BOX 278004 2 SACRAMENTO CA, 95827     (916)-365-5434 ^e ^a, IN PRO PER ^c6 11 ^a, 12 ^p, 13 V. 14     Case No.: ^c3 ~1 ^dfs. PROPOSED ORDER: ~m FOR EMERGENCY TRO OR RESTRAINING ORDER DUE TO CLERKS AGGRESSIVE HARASSMENT – CAUSING HYPERTENSIVE CRISIS, UNDUE STRESS, AND EXACERBATING HEART FAILURESTATUS CROSS-CLAIM Case No.: ^c1 ~h V. ^am CROSS-CLAIM Case No.: 2:24-CV-00331 KJM-CKD Douglas V. The Ezralow Company LLC, et. al ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 56  1 ^c6 2 ^a, ^p, 3 V. 4 ~1, ^df. 5 Case No.: ^c3 6 [Case Numbers for Cross-Claims] 7 PROPOSED ORDER FOR TEMPORARY RESTRAINING ORDER 8 9     THIS MATTER came before the Court on ^p ^a's ~m for a Temporary Restraining Order (TRO). Upon consideration of the ~m, supporting documents, affidavits, and ^xs, and for good cause shown, the Court FINDS as follows: 1. Immediate and Irreparable Injury: ^p has demonstrated that he will suffer immediate and irreparable injury, loss, or damage in the absence of a TRO, due to the ongoing harassment and intimidation by court clerks, which have exacerbated his serious medical conditions. 2. Likelihood of Success on the Merits: ^p has provided sufficient evidence to establish a likelihood of success on the merits of his claims. 3. Balance of Harms: The harm to ^p if the TRO is not granted outweighs any potential harm to the ^dfs. 4. Public Interest: The issuance of the TRO serves the public interest by ensuring that individuals can access the courts without fear of harassment, intimidation, or discrimination. THEREFORE, ~o THAT: 1. The ^dfs and their agents, employees, and representatives, including but not limited to court clerks “Shelly” or “Kelly” and any involved supervisors, are immediately restrained and enjoined from engaging in any form of harassment, intimidation, or discriminatory behavior towards ^p. 2. The ^dfs are to take immediate steps to ensure that ^p can access the court and file documents without fear of harassment or intimidation. This includes ensuring that no 28 ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 57    unnecessary security measures are taken against him unless there is a legitimate and documented security concern. 3. The clerks “Shelly” or “Kelly” involved in the incidents are to be placed on administrative leave pending further investigation into their conduct. 4 5 4. A hearing on this matter is scheduled for 6     at which time the Court will consider whether to extend this TRO and address any additional relief requested by ^p. 5. ^p is not required to provide security for the issuance of this TRO due to his in forma pauperis status and the nature of the harm involved. SO ORDERED this DATE ~2 District Judge OR ^mj_ ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 58  1 ^a P.O. BOX 278004 2 SACRAMENTO CA, 95827 3 (916)-365-5434 ^e 4 ^a, IN PRO PER   ^c6 11 ^a, 12 ^p, 13 V. 14     Case No.: ^c3 PROPOSED ORDER: ~1 DISABLITY ACCOMIDATION REQUEST REQUEST TO FINISH TRANSACTIONS ^dfs. CROSS-CLAIM Case No.: ^c1 ~h V. ^am CROSS-CLAIM Case No.: 2:24-CV-00331 KJM-CKD Douglas V. The Ezralow Company LLC, et. al ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 59    11 12 DISABILITY ACCOMODATION - REQUEST FOR CLERK ΤΟ FINISH PENDING TRANSACTIONS ^c6 ^a, V. ~1, Case No.: ^c3 ^c6 13 ^a, ^p, 14 V. 15 ~1, ^df. 16 Case No.: ^c3 17 PROPOSED ORDER FOR COMPLETION OF TRANSACTION 18 THIS MATTER came before the Court on ^p ^a's ~m for 19 20 the completion of a legal transaction initiated before the court clerks. Upon consideration of the ~m, supporting documents, and applicable law, the Court FINDS as follows: 21 22 23 1. ADA Compliance: Under Title II of the ADA and Section 504 of the Rehabilitation Act, ^p has the right to reasonable accommodations to ensure equal access to court services.   2. Due Process and Equal Protection: Denial of service and refusal to complete the transaction violated ^ps constitutional rights to due process and equal protection. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 60  1 Legal Protections and Rights for Disabled Persons 2 1. Americans with Disabilities Act (ADA) 3 4 5 Ο Ο Title II: This title prohibits discrimination on the basis of disability by public entities, which include state and local courts. 6 7   18 19 Requirement: Public entities must make reasonable modifications to their policies, practices, or procedures to avoid discrimination unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity. 2. Section 504 of the Rehabilitation Act of 1973 Ο Overview: This statute prohibits discrimination on the basis of disability in programs and activities that receive federal financial assistance, including public services provided by courts. Requirement: Reasonable accommodations must be provided to ensure equal access to services. Case Law Supporting Access to Courts 1. Tennessee v. Lane, 541 U.S. 509 (2004) Ο Ο Overview: The Supreme Court held that Title II of the ADA applies to state courthouses and mandates that people with disabilities have access to the judicial process. Relevance: This case supports your right to reasonable accommodations in accessing court services. 20 21 2. Boddie v. Connecticut, 401 U.S. 371 (1971) 22 Overview: The Supreme Court held that the state cannot deny access to its courts to 23   Ο Ο individuals seeking to file for divorce due to inability to pay filing fees. Relevance: Establishes the broader principle that individuals have a right to access the courts. ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 61  1 Relevant Constitutional Protections 2 1. Due Process Clause of the Fifth and Fourteenth Amendments     Ο Ο Overview: Guarantees that no person shall be deprived of life, liberty, or property without due process of law. Relevance: Ensures that you have the right to a fair legal process, which includes the ability to file documents and access court services without undue hindrance. 2. Equal Protection Clause of the Fourteenth Amendment Ο Ο Overview: Prohibits states from denying any person within their jurisdiction the equal protection of the laws. Relevance: Ensures that you are treated equally and not discriminated against based on disability. THEREFORE, ~o THAT: 1. The court clerks shall do their job, and exercise just powers to secure the flow of rights and access to filing services, and complete the transaction of the ^p if he has arrived before closing hours. 16 17 18 2. The clerks shall provide reasonable accommodations to ^p to ensure his access to court services without harassment or intimidation. 19 20 3. The clerks involved shall undergo review and potential disciplinary action to prevent future occurrences. 21 22 23   SO ORDERED this DATE 28 ~2 District Judge OR ^mj ^avu * ~m FOR EMERGENCY TRO RESTRAINING ORDER- @ 62  ### MINUTE ORDER ### Full docket text for document 1: COMPLAINT against ~1 by ^a. (Attachments: # (1) Civil Cover Sheet) (Lopez, K)  Case ^c3 Document 2 Filed 10/30/24 @ 1 of 2 @ 1 of 2 AO 240 (Rev. 07/10) Application to Proceed in ~dc Without Prepaying Fees or Costs (Short Form) FILED ~2 ~dc ^a ^p/Petitioner V. for the ) ) ) Civil Action No. OCT 30 2024 CLERK, ~d BY DEPUTY CLERK THE ~1 ^df/Respondent 2:24-CV-2988-DJC-AC (ps) APPLICATION TO PROCEED IN ~dc WITHOUT PREPAYING FEES OR COSTS (Short Form) I am a ^p or petitioner in this case and declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief requested. In support of this application, I answer the following questions under penalty of perjury: 1. If incarcerated. I am being held at: If employed there, or have an account in the institution, I have attached to this document a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months for any institutional account in my name. I am also submitting a similar statement from any other institution where I was incarcerated during the last six months. 2. If not incarcerated. If I am employed, my employer's name and address are: My gross pay or wages are: $ (specify pay period) 1,190.00, and my take-home pay or wages are: $ 1,190.00 per PER MONTH SSDI 3. Other Income. In the past 12 months, I have received income from the following sources (check all that apply): (a) Business, profession, or other self-employment Yes No (b) Rent payments, interest, or dividends Yes No (c) Pension, annuity, or life insurance payments Yes ✔No (d) Disability, or worker's compensation payments Yes No (e) Gifts, or inheritances Yes No (f) Any other sources Yes ✔No If you answered "Yes" to any question above, describe below or on separate @s each source of money and staff the amount that you received and what you expect to receive in the future.  Case ^c3 Document 2 Filed 10/30/24 @ 2 of 2 AO 240 (Rev. 07/10) Application to Proceed in ~dc Without Prepaying Fees or Costs (Short Form) 4. Amount of money that I have in cash or in a checking or savings account: $ 0.00. 5. Any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value that I own, including any item of value held in someone else's name (describe the property and its approximate value): NOTHING 6. Any housing, transportation, utilities, or loan payments, or other regular monthly expenses (describe and provide the amount of the monthly expense): $700 RENT $100 INTERNET $200 CAT FOOD / MEDICINE THIS INCOME IS SOCIAL SECURITY DISABILITY INSURANCE 7. Names (or, if under 18, initials only) of all persons who are dependent on me for support, my relationship with each person, and how much I contribute to their support: NONE NONE 8. Any debts or financial obligations (describe the amounts owed and to whom they are payable): Declaration: I declare under penalty of perjury that the above information is true and understand that a false statement may result in a dismissal of my claims. Date: 10/30/2024 C Applicant's signature ^a Printed name  ."
   }
 ]
}