Star: Hills & Alan Gjurovich, rn temporary mailing location, srcion OM care of: [ P.O. box 72537, Bakersfield, California (93387) ] non domestic, without the US 9.201 ENDL ey TERRY — SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF KERN Star: Hills, Alan Gjurovich CASE #: S-1500-CV-271292-SPC; related case: S-1500-CL-237061-KTC; plaintiffs, related case: $-1500-CL-237061-KTC; NOTICE OF & MOTION FOR RULING, -Vs- DECLARATION & ORDER IN COURTS EQUITY JURISDICTION THAT ORDERS GMAC MORTGAGE LLC, & JUDGMENTS IN CASE #: S-1500-CL- 237061- President NICK CANALE Jr; KTC; & SUBSEQUENT WRITS OF POSSESSION ERIC A. FELDSTEIN, (CEO OF =| _ARE VOID AS A MATTER OF LAW GMAC MORT. LLO) OF Alan Gjurovich & Star: Hills; KERN COUNTY SHERIFF DONNY) EtAl, HEARING DATE: 3/18/2011; defendants. DEPT.: 7; TIME: 8:30 A.M. 1. TO: THE ABOVE NAMED COURT, CLERK OF THE COURT & ALL INTERESTED PARTIES & THEIR COUNSEL OF RECORD IN THE ABOVE NAMED ACTION, PLEASE TAKE NOTICE OF THE FOLLOWING: 2. On the day of March 18, 2011, in Department 7 of the above named Court Plaintiffs Star: Hills & Alan Gjurovich will Move the Above named Court & Presiding Judge thereof in the Court's Equity Jurisdiction (non statutory) for a Ruling, Declaration, & Order THAT THE ALLEGED JUDGEMENT IN UNLAWFUL DETAINER CASE #: S- 1500-CL-237061-KTC OF KENNETH C. TWISSELMAN II ON THE DAY OF: 11/ 19/2009 & THE SUBSEQUENT WRITS OF POSSESSION TO TAKE PLAINTIFFS HOME ISSUED BY THE SAME COURT ARE VOID ON THEIR FACE OR VOID PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS ¢ JUDGMENTS VOID Page 1 ofear anewnn 10 12 13 14 15 16 17 18 19 20 a 2 23 24 25 26 27 28 ON THE FACE OF THE COURTS RECORD, UNENFORCEABLE & OF NO EFFECT UNDER LAW, UPON THE FOLLOWING GROUNDS: (1) AT THE TIME OF THE FILING OF THE UNLAWFUL DETAINER BY GMAC MORTGAGE LLC, A DEFENDANT IN THIS CASE, WHICH THEY FILED ON THI L g \TIFF” INCASE #: S-1500-CL-237061-KTC, GMAC MORTGAGE LL “STAR ” (MISNOMER ALL CAPS ENS LEGIS_ FICTION), THERE WAS EVIDENCE ON THE FACE OF THE COURTS. RECORD SHOWING THE FACT THAT THE PURPORTED UNLAWFUL DETAINER JUDGMENT IN CASE #: S-1500-CL-237061-KCT , ENTERED ON 11/ 19/2009 WAS VOID ON ITS FACE OR ON THE FACE OF THE COURTS RECORD, WHICH EVIDENCE WAS IN THE PAPERS FILED IN SUPPORT OF THE DEFENDANTS DEMURRER IN THIS CASE IN THEIR SUPPORTING REQUEST FOR JUDICIAL NOTICE, INCLUDED IN E: 5 THE COPY OF THE REMOVAL TO FEDERAL DISTRICT COURT, WHEREIN IS_A COPY OF THE SAID UNLAWFUL DETAINER COMPLAINT ATTACHED THERETO AS EXHIBIT 1, SHOWING IT WAS FILED ON 3 /26/2009 AFTER THE LAW SUIT OF Star: fills ON QUIET TITLE & ENFORCEMENT OF RESCISSION, ETC, WAS FILED ON NOVEMBER 10, 2008 BY Star: Hills IN CIVIL UNLIMITED CASE #: S-1500-CV-265552-WDP, SHOWING THE FACT THAT THERE WAS ALREADY LITIGATION ON THE TITLE OF THE HOME IN UESTIC iT a NI J DETAINER, WHICH ESTABLISHES ON THE FACE OF THE COURT RECORD THAT THERE WAS NO PERFECTED TITLE ACCORDING TO THE RULINGS PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID Page 2 ofcar anewne 10 12 13 14 16 17 18 19 20 a 22 23 24 25 26 27 28 OF THE CALIFORNIA SUPREME COURT IN SEVERAL CASES & SUBSEQUENT APPELLATE COURT RULINGS: (2) THE SAID UNLAWFUL DETAINER ACTION W. GMAC. MORTGAGE LLC, PURSUANT TO THE EXPRESS PROVISIONS OF CAIFORNIA CODE OF CIVIL PROCEDUR, (3) THE COURT IN THE SAID UNLAWFUL DETAINER CASE S-1500-CL-237061-KCT WAS A COURT OF LIMITED JURISDICTION FOR WHICH THERE IS NO CONCURRENT JURISDICTION IN ANY OTHER COURT, AS UNLAWFUL DETAINERS ARE A SPECIAL REMEDY CREATED BY THE CALIFORNIA LEGISLATURE BY STATUTE, AN UNLAWFUL DETAINER ACTION IS DEFINED AS “A SPECIAL PROCEEDING” UNDER THE CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 85, AS EXPRESSLY STATED IN CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 86 (a)(4), & IS A CUMULATIVE REMEDY IN ADDITION TO THE JUDICIAL FORECLOSURE REMEDY WHICH STILL EXISTS IN CALIFORNIA; (4) THE SAID COURT & DEPT. 8 JUDGE KENNETH C. TWISSELMAN IL, WAS WAS STRICTLY RESTRICTED IN ITS JURISDICTION & POWER TO GRANT A JUDGMENT IN THE SAID CASE TO ONLY THE EXPRESS CONDITIONS & REQUIREME) ‘S OF THE APLLICABBLE STATUTE, CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1161a (b)(3) WHICH EXPRESSLY PROVIDES THE FOLLOWING: “CODE OF CIVIL PROCEDURE SECTION 1161a” (b) In any of the following cases, a person who holds over and continues in possession of a manufactured home, mobilehome, floating home, or real property after a three- day written notice to quit the property has been served upon the person, or if there is PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID Page 3 of 9HSaAsooseay 10 u 12 13, 14 16 17 18 19 20 2 2 23 24 25 26 27 28 a subtenant in actual occupation of the premises, also upon such subtenant, as prescribed in Section 1162, may be removed therefrom as prescribed in this chapter:”....” (3) Where the property has been sold in accordance with Section 2924 of the Civil Code, under a power of sale contained in a deed of trust executed by such person, or a person under whom such person claims, and the tit rr duly perfected.” (8) ACCORDING TO THE BINDING LAW UNDER WHICH THE SAID UNLAWFUL DETAINER ACTION WAS FILED, IT WAS AN EXPRESS MANDATORY PRE REQUISITE & PRE-CONDITION OF BRINGING AN ACTION FOR UNLAWFUL DETAINER UNDER CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1161a(b)3) BEFORE THE COURT, THAT SAID PLAINTIFF, A DEFENDANT HEREIN, GMAC MORTGAGE LLC, HAD PERFECTED THEIR TITLE TO SAID PROPERTY, PRIOR TO THE FILING OF THEIR UNLAWFUL DETAINER ACTION, & FAILURE TO DO SO PRECLUDED THE TRIAL COURT IN THAT CASE FROM GRANTING ANY JUDGMENT OR RELIEF TO SAID PLAINTIFF, DEFENDANT. HEREIN, UNDER THE SAID APPLICABLE CODE SECTION C.C.P. SECTION 161 |; AS THE LIMITED & RESTRICTED JURISDICTION OF THE. COURT COULD NOT BE INVOKED BY THE ALLEGED PLAINTIFF IN ABSENCE OF THE REQUIRED PERFECTION OF TITLE PRIOR TO THE FILING OF THE SAID ACTION BY SAID PLAINTIFF. (6) THE SAID “PLAINTIFF” DEFENDANT HEREIN, GMAC MORTGAGE LLC, KNEW THAT THEY HAD NOT EVER PERFECTED THE TITLE TO THE. SAID PROPERTY PRIOR TO THE FILING OF THE UNLAWFUL DETAINER ACTION, AS THEY HAD BEEN SERVED WITH A COPY OF THE LAW SUIT OVER THE TITLE IN CASE S-1500-CV-265552-WDP PRIOR TO THE FILING PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS ¢ JUDGMENTS VOID Page 4 of 9Cenrana ene 10 12 13 14 15 16 7) 18 19 20 a 2 23 24 26 27 28 OF THEIR SAID UNLAWFUL DETAINER ACTION, & PRIOR TO THE DATE OF 11/13/2008 THE ALLEGED PUBLIC SALE OF THE HOME & PROPERTY OF PLAINTIFFS HEREIN, WHICH SERVICE WAS DONE BY FAX ON THE DAY OF 11/11/2008 VIA NOTICE OF OF A PENDING EMERGENCY EX PARTE HEARING FOR A TEMPORARY RESTRAINNG ORDE} ND THEY WERE SERVED WITH SUMMONS IN SAID CASE -1500-CV-265552-WDP, ON DECEMBER 2, 2008, LONG BEFORE THEY FILED THEIR SAID UNLAWFUL. DETAINER ACTION IN EARLY 2009, WHICH ESTABLISHES A FRAUD BY SAID DEFENDANTS GMAC MORTGAGE LLC,ON THE FACE OF THE COURTS RECORD, & SAID FRAUD WAS KNOWING & WILLING ON THEIR PART, WITH ‘ENT TO CAUSE HARM DAMAGE & INJURY TO PLAINTIFFS HEREIN, WHICH IS MALICE AND FORETHOUGHT SUBJECTING THEM TO PUNITIVE & EXEMPLARY DAMAGES IN THIS ACTION. THE FACT THAT THE ALLEGED PLAINTIFF IN THE ALLEGED UNLAWFUL DETAINER ACTION, GMAC MORTGAGE LLC, WENT AHEAD & ATTEMPTED TO PROSECUTE AN UNLAWFUL DETAINER WITHOUT CONFORMING TO THE MANDATORY PRE-REQUISITE OF PERFECTING THEIR ALLEGED TITLE PRIOR TO FILING THEIR COMPLAINT, & THEREBY, THEREAFTER SUFFERS FINANCIAL LOSS, COSTS,OR EXPENSES BECAUSE OF IT, PROVIDES NO BASIS OF RELIEF FOR SAID PARTY. Plaintiffs herein have given Notice to said Defendants at the earliest possible opportunity & to their various REAL ESTATE AGENTS, Attorneys & Law firms in writing by mail, in writing by fax, & by email, prior to the alleged public sale, & in their earliest Pleadings in both prior PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID Page 5 of 8ew ane ene art 12 13, 14 16 17 18 19 20 BT 22 24 25 26 27 28 Unlawful Detainer Actions filed in Kern County Superior Court, (the first said alleged Unlawful Detainer Case was willingly Dismissed by the Endres Law Firm after receiving a copy of the Law suit of Star: Hills over Title in Case #: S-1500-CV- 265552-WDP, AFTER WHICH GMAC MORTGAGE LLC, CONTINUED ON BY HIRING ANOTHER LAW FIRM RUZICKA & WALLACE LLP, TO FILE YET ANOTHER UNLAWFUL DETAINER ACTION IN S-1500-CL-237061-KTC, WHEREIN THEY OBTAINED THEIR FRAUDULENT & VOID ALLEGED JUDGMENT). PLAINTIFFS CLEARLY STATED IN NUMEROUS PAPERS FILED. WITH THE UNLAWFUL DETAINER COURT & SERVED ON SAID DEFENDANT GMAC MORTGAGE LLC, INCLUDING IN THEIR ORIGINAL ANSWER TO THE ALLEGED CO! We (MITTING A J VI IN ‘Star: Hills & A FRAUD UPON THE PUBLIC AT A PURPORTED PUBLIC SALE, AND CLEARLY STATED THAT THE ALLEGED MORTGAGE & SALE WERE VOID AB INITIO DUE TO PRIOR RESCISISON, & THAT THEY NEVER PERFECTED THEIR ALLEGED TITLE PRIOR TO FILING THE ALLEGED UNLAWFUL DETAINER ACTION AS REQUIRED BY THE CONTROLLING STATUTE C.CP, 1161a (b)(3), DUE TO THE FACT IN THE COURTS RECORD THAT AN ACTION WAS ALREADY PENDING IN THE COURT OVER THE TITLE TO THE PROPERTY IN QUESTION IN THE UNLIMITED JURISDICITON OF THE COURT, PRIOR TO THE FILING OF THEIR ALLEGED UNLAWFUL DETAINER ACTION. THESE NOTICES & WARNINGS WERE ALL IGNORED BY GMAC MORTGAGE LLC, THEIR AGENTS, ATTORNEYS, & BY THE PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID Page 6 of 9Cerrar een e 10 ul 12 13 14 15 16 17 18 19 20 2 2 24 25 26 27 28 UNLAWFUL DETAINER COURT, TO PERIL OF THE SAID GMAC MORTGAGE LLC, & THEY TOOK THE FRAUDULENT ACTIONS AT THEIR OWN PERIL, Page dling in the Case of Lapham v. Campbell, 61 Cal. 96 at page 300. (7) FAILURE OF THE COURT TO GRANT THIS MOTION WILL RESULT IN A GROSS MISCARRIAGE OF JUSTICE & IRREPARABLE HARM & INJURY TO PLAINTIFFS HEREIN INCLUDING THE CONTINUED UNCONSTITUTIONAL, UNLAWFUL LOSS OF PLAINTIFFS HOME & DAMAGES INCIDENTAL TO SAID UNAUTHORIZED TAKING DUE TO THE SAID VOID ORDERS, JUDGMENTS, & WRITS OF POSSESSION, FOR WHICH THERE IS NO SPEEDY ADAQUATE REMEDY IN THE ORDINARY COURSE OF LAW REQUIRING EXTRAORDINARY RELIEF FROM THE APPELLATE COURT; 3. This Motion is based upon this Notice, the Plaintiffs Complaint herein, the Demurrer of Defendants FILED IN THIS COURT SET FOR HEARING ON 1/20/2011, the Request for Judicial Notice of Defendants in support of their Demurrer, THE PRIOR Ruling of this Court denying Plaintiffs Ex Parte Emergency Motion for a Temporary Restraining Order against Defendants on 12/20/2010, The Courts Record in this Case & in Case #'s: S-1500-CL-237061-KTC; $-1500-CV-265552-KCT; & THE ACCOMPANYING REQUEST FOR MANDATORY JUDICIAL TICE, AS WELL AS THE SUPPORTING MEMORANDUM OF POINTS & AUTHORITIES OF Star: Hills & Alan Gjurovich SERVED & FILED HEREWITH THIS MOTION. 4, PLAINTIFFS HEREBY MOVE THE COURT FOR SAID RULING, DECLARATION, & ORDER. 5. Wherefore Movants herein Pray to the Creator of the Universe for the following Relief: PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID Page 7 of 9I. THIS COURT TAKES JUDICIAL NOTICE AS REQUESTED IN THIS MOTION, & AS REQUIRED BY LAW, &; Il. THIS COURT GRANTS THIS MOTION, &; II. THIS COURT ISSUES FINDINGS UPON THE FACE OF THE COURTS: RECORD REQUESTED HEREIN & IN THE SUPPORTING PAPERS &; IV. THIS COURT ISSUES A FINAL DECLARATION & ORDER THAT THE SAID PURPORTED ORDERS & JUDGMENT, & WRITS OF POSSESSION IN eer anreone UNLAWFUL DETAINER CASE # : S-1500-CL-237061-KTC ARE VOID UPON 10 u 12 13| V. THE COURT GRANTS WHATEVER OTHER RELIEF IT DEEMS RIGHT & THEIR FACE OR UPON THE FACE OF THE COURT RECORD & UNENFORCEABLE UNDER THE LAW, &; 14 PROPER UNDER THE FACTS, EQUITY & LAW OF THIS CAS! 15 On this day, the-twenty-second-day-of-the-Second-month-Two-thousand-eleven, 16 hated £ va 7 4 18 19 all Rights reserved 2 2 23 24 25 26 27 28 PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID oatPROOF OF SERVICE I the undersigned hereby declare under penalty of perjury under the laws of the state of California that I served the here attached Documents deseribed as: NOTICE OF & MOTION FOR RULING,DECLARATION & ORDER IN COURTS EQUITY JURISDICTION THAT ORDERS & JUDGMENTS IN CASE #: S-1500-CL- 237061-KTC; ARE VOID AS A MATTER OF LAW; SUPPORTING MEMORANDUM OF POINTS & AUTHORITIES OF Alan Gjurovich & Star: Hills; ON THE PERSONS & PARTIES NAMED BELOW AT THE ADDRESSES TO FOLLOW ON THE DAY OF FEBRUARY 22, 2011 BY FIRST CLASS US MAIL WITH COPIES ENCLOSED IN A SEALED ENVELOPE WITH THE POSTAGE THEREFOR FULLY PREPAID BY ME.I AM OVER THE AGE OF EIGHTEEN YEARS.I AM NOT A PARTY TO THE WITHIN ACTION MY BUSINESS ADDRESS IS: [P.0. BOX 71537, BAKERSFIELD CALIFORNIA 93387] DEFENDANTS GMAC MORTGAGE LLC, RELATED CASE: ET AL, CARE OF COUNSEL OF RECORD: — PLAINTIFF GMAC MORTGAGE LLC; ROBERT GANDY, CARE OF: RUZICKA & WALLACE LLP, ‘THE ATRIUM, 19100 VON KARMAN AVE., 16520 BAKE PARKWAY, SUITE 280, SUITE 700, IRVINE CA. 92612. IRVINE, CALIFORNIA, 92618 EXECUTED BY MY HAND ON THIS DAY, FEBRUARY 22,2011, IN THE COUNTY OF KERN, REPUBLIC STATE OF CALIFORNIA, CITY OF BAKERSFIELD, = OE ‘ope. ch all Rights reserved. PLAINTIFFS NOTICE & MOTION FOR ORDER DECLARING ORDERS & JUDGMENTS VOID Page 9 of