August 10 DEMAND LETTER
FOR MONITARY SETTLEMENT
City of Cathedral City
Council Chambers in City Hall
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
On January 29 I was attended a meeting in the Cathedral City Police Department with Captain Kevin Connor and Sgt. Charles Robinson to discuss a false arrest, abuse of process and abuse while in the custody by Sgt. Hatfield. I explained I was also was going to a pre-arraigned meeting down the hall that morning with Mary Brhel, (her husband Martin Brhel, an ex-deputy district attorney) an aide to Assemblywoman Bonnie Garcia, and therefore could only spend a short amount of time on the Hatfield matter. I did not explain my business regarding Garcia.
I met with Mary Brhel to talk about the ongoing problems with homeowner associations in the Coachella Valley. (On December 7 we had held a press conference in my home with Pat Cooper, aide to Senator Duchency to discuss these problems.) Mary Brhel and I had a good talk and she promised to call me back the following day. She didn’t.
On February 2 I called Mary Brhel who told me two Cathedral City Police Officers had come into the Garcia office as soon as I left and had told her I had “made all kinds of problems for the Cathedral City police and other government agencies, and was a ‘threat.’ “ She said she was putting me on a threat list in Sacramento, and then hung up on me. She refused to tell me the names of these two men, however it is not hard to guess… I complained to Chief Henry, and asked for an investigation. It never happened and not one person in the police department, nor the City Manager or the mayor, or City Council would talk with me.
And so on February 3 bean a provable conspiracy between the Garcia Office, the Cathedral City Police Department, Shadow Crest Homeowner Association, and stretched all the way to the Riverside County District Attorney. Cindy Uken of the Desert Sun was convinced to write a article filled with lies.
The well documented facts of this are in Kendall Berkey’s 65 page Memo of Costs in Case No, 0424575 Robinson v. Stephens, Riverside County Superior Court, Indio – a void on the face restraining order:
Government agencies may not have a TRO or Retraining Order against a citizen: Under Civil Code of Procedure 527.6, “ government agencies are not individuals, and cannot bring a TRO against a citizen, and police officers in particular cannot object to a person wanting them to do their job.” Diamond View, Ltd v. Herz (1986) 180, Cal App 3d 612,618 – 619,225 Cal. Rptr. 651,655/; (Civil Code of Procedure 533) Civil Code of Procedure 537.6 “ …was enacted to supplement the tort of Invasion of privacy and intentional infliction of emotional distress, therefore a person must prove these two elements.” Grant v. Clampett (1997) 2nd District) 56 Cal App 4th 586,65 Cal Rptr 2d 727. “There must be clear and convincing evidence of suffering great medical or psychological distress.” Sheild v. Rubin (1991,2nd Dis) 232 Cal App 3d 755,283 Cal Rptr 533
The court had no jurisdiction to issue an order under CCP527,6 and under all stated law and facts the Robinson case is void.
Under Federal Law, which is applicable in all states, the U.S. Supreme Court stated “…if a court is without authority, its judgment sand orders are regarded as nullities They are not voidable, but simply void … They constitute no justification and all persons concerned in executing such judgments or sentences are considered, in law, as trespassers.” Elliot v. Piersol, 1 Pet. 328,340, 26 U.S. 328,340 (1828)
Void on the face judgments “never die” in the State of California and CCP
473, and 473 (a) has not direct reference to void orders, i.E., the time limitation is not applicable. Reid v. Balter (1993) 14 Cal App 4th 1186,1194
An Appeal will not prevent the court from at any time lopping off what has been termed a dead limb on the judicial tree – a void order. Svistunoff v. Svistunoff (1952) 108 Cal App. 2d 638,641-642 [239 P2d 650], and see: 6 Witken, Cal Procedure (2d ed. 1971) Appeal Sec. 7, pp. 4024-4025
On February 3 Chief Stan Henry, Judy Williams, Captain Kevin Connor, and Sgt. Charles Robinson, with the help of Assistant City Manager, Kendall Berkey began a totally unmerited “investigation” against me that never produced anything but “legal expenses” which were added and added to the point of $68,000 which were awarded to them by the court in this case — that was brought only to protect Captain Kevin Connor and Sgt. Charles Robinson, and other officers in the department from an investigation for abuse and slander, and to keep me from making valid complaints.
Judy Williams would appear in court for the police department and claim I violated the restraining order, and I would be sentenced to over a year in the County Jail - in solitary confinement. ($100.00 a day compensation is not fair to me, but lawful.)
I never violated anything in asking the police to protect me from provable crimes in Shadowcrest Homeowners Association.
Void on the face judgments lack jurisdiction and can legally be ignored as they neither bind nor bar anyone. “Obviously a judgment, though final and on the merits, has no binding force and is subject to collateral attack if it is wholly void for lack of jurisdiction or the subject matter or person, and perhaps for excess of jurisdiction, or where it is obtained by extrinsic fraud. [Citations}” 7 Witkin, Cal. Procedure, supra, Judgment, Section 286, p. 828.
While I was unlawfully incarcerated, City Attorney, Charles Green approached my daughter to sell my home to Cathedral City to pay for the legal expenses awarded after the case. She gave in to their demands, and I could do nothing in jail but agree to the sale. There was approximately $380,000 in equity in the home. Not only did this go to Cathedral City, but they never paid their agreed upon expenses of approximately $5,000.
The sale of the home was based on fraud, and therefore void. This is a case in-itself.
City Attorney, Charles Green and his assistant, Kendall Berkey did no due diligence to discover and abide by the law as mentioned above, and in this did they commit fraud on the court. I shall take this to the Cal State Bar as a formal complaint against both.
As a direct result of the void on the face restraining order, the conspiracy. Fraud, elder abuse, and more than one unlawful arrests and unlawful incarcerations I lost not only my home, but about $500.000. I will settle for $450,000
Kindly send me a check or money order for the amount of $450.000 on or before August 23 or I shall promptly file in Superior Court. With the passage of SB 509 I will not have any trouble finding an attorney.
You may reach me at any time at, (Personal Information Removed)
Most sincerely,
Sharon Stephens
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