blank pleading template with line numbering -- word · web view2015/08/06 · stewart and cross...
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![Page 1: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/1.jpg)
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Rosalie A. Guancione© Sui Juris, the natural living womanand Secured Party (aka HI&RH Empress Aubreé Regina Dei Gratia©) HI&RH Prince Anthony-Victor III: Guancione©, Sui Juristhe natural living man and Secured Party c/o U.S.P.O. Postmaster, c/o temporary mailing location PO Box Nine-Zero-Four-Five-Two, near San Jose, at Santa Clara County, on California, [zip code exempt] DMM Reg., Sec 122.32, Public Law 91-375, Sec. 403Tel: 408-830-6266
SUPERIOR COURT OF CALIFORNIASUPERIOR COURT OF CALIFORNIACOUNTY OF SANTA CLARACOUNTY OF SANTA CLARA
Unlimited Civil Jurisdiction in Admiralty191 N. First St., SAN JOSE, CA 95113
Empress Aubreé Regina Dei Gratia©, the natural living woman, Secured Party,HI&RH Prince Anthony-Victor III: Guancione©, the natural living man, Secured Party
Cross Complainants/Libellants, v.
Richard K. Davis (private capacity),Richard C. Hartnack (private capacity),Jay Brian Ledford (private capacity)Neil Patel (private capacity) Leslie Nichols (private capacity)Carol Overton (private capacity)Patricia M. Lucas (private capacity) Deborah A Ryan (private capacity)Griffin Bonini (private capacity)Edward J. Davila (private capacity)
Cross Defendants/LibelleesRIVERWALK HOLDINGS LTD
PLAINTIFF V.ANTHONY GUANCIONE
DEFENDANT_____________________________
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Case: 1-12-CV-217973 Guancione© et al vs. Davis et al
Cross Complainant Empress Aubreé Regina Dei Gratia©, aka Rosalie A Guancione©, the natural living woman and Secured Party takes a Nihil Dicit Default; A No Recourse DefaultNihil Dicit Default; A No Recourse Default in Admiralty With Prejudice, in Admiralty With Prejudice, against against Judge William J. Elfving for Judge William J. Elfving for failurefailure to specifically and explicitly to specifically and explicitly answer each numbered paragraph, as a answer each numbered paragraph, as a material fact, with either Admit, Deny, or material fact, with either Admit, Deny, or Deny for Want of Knowledge in accordance Deny for Want of Knowledge in accordance with C.C.P. 431.30 and for passing on the with C.C.P. 431.30 and for passing on the sufficiency of his own recusal in violation of sufficiency of his own recusal in violation of C.C.P. §C.C.P. § 170.3(c)(5) in bad faith as a scheme170.3(c)(5) in bad faith as a scheme to bypass a hearing review by a neutral to bypass a hearing review by a neutral judge of the motion for disqualification judge of the motion for disqualification pursuant to C.C.P. §§pursuant to C.C.P. §§ 170.3(c)(4), 170.3(c)170.3(c)(4), 170.3(c)(5).(5).To be filed Instantor Admitted Count 1: C.C.P. §§ 170.1(a), 170.1(a)(3)(A), 170.3(b)(2)(A), 170.3(c)(1): financial conflict of interest of Judge William J. Elfving with subject matter of proceedingAdmitted Count 2: C.C.P. §§ 170.1(a),
– Page 1 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
![Page 2: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/2.jpg)
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170.1(a)(3)(A), 170.1(a)(3)(B), 170.1(a)(3)(B)(i), 170.3(b)(2)(A), 170.3(c)(1): financial conflict of interest of Judge William J. Elfving’s wife Barbara Elfving with subject matter of proceedingAdmitted Count 3: C.C.P. §§ 170.1(a)(6)(A), 170.1(a)(6)(A)(i), or 170.1(a)(6)(A)(ii), or 170.1(a)(6)(A)(iii); 170.3(a)(1) Interests of Justice, or BiasAdmitted Count 4: C.C.P. §§ 170.1(a)(6)(A), 170.1(a)(6)(A)(iii); 170.3(b)(2)(A) Admitted Count 5: 4th, 5th and 14th Amendments of the federal Constitution of 1787 As Perviewed by the States, Title 42 U.S.C. § 1983; Title 11 U.S.C. § 362; C.C.P. § 170.3(b)(2)(A), Denial of Due Process and Equal Protection Under the Law [Title 28 §§ 455, Marshall v Jerrico Inc., 446 US 238, 242, 100 S.Ct. 1610, 64 L. Ed. 2d 182 (1980), Article VI of the United States Constitution and Stone v Powell, 428 US 465, 483 n. 35, 96 S. Ct. 3037, 49 L. Ed. 2d 1067 (1976), RI Supreme Court Article VI and Canons 1, 2, and 3.B.6, FRCP Rule 7(b), Fed. R. of Evid., Rule 201 ]2) Memorandum3) By Reference: JNE 56 Form 700 2014; Affidavits in Case #1-07-CV-089409, SFPCU v. STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT OF CALIFORNIA, In Re: Rosalie Aubreé Guancione©, Case No. 11-57656 ASW, docket documents 214, 214-1, 214-2, 214-3, 214-4
PLEASE TAKE NOTICE that Cross Complainant HI&RH Empress Aubreé
Regina Dei Gratia©, also known as Rosalie A. Guancione©, the natural living
woman takes a Nihil Dicit Default; A No Recourse Default in Admiralty With Prejudice,
against Judge William J. Elfving for failure to specifically and explicitly answer each
numbered paragraph, as a material fact, with either Admit, Deny, or Deny for Want of
– Page 2 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
![Page 3: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/3.jpg)
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Knowledge in accordance with C.C.P. 431.30 and passing on the sufficiency of his own
recusal in violation of C.C.P. § 170.3(c)(5) in bad faith in a scheme to bypass a hearing
review of the motion for disqualification by a neutral pursuant to C.C.P. §§ 170.3(c)(4),
170.3(c)(5), intended to deny Cross Complainants their due process right and their equal
protection under the law.
PLEASE TAKE NOTICE that HI&RH Empress Aubreé Regina Dei Gratia©,
takes a Nihil Dicit default in the objection, by Affidavit, to Judge William J. Elfving,
due to Judge William J. Elfving’s failure to answer the Affidavit of Objection to Judge
William J Elfving, due to disqualification for cause. An answer to an Affidavit that is in
any other form than Affidavit, is considered ‘non-responsive’ and is NOT considered an
answer. An answer in fraud or an answer with matters remaining in controversy requires
a hearing by a neutral judge for determination of recusal outcome. A Nihil Dicit Default
is a no recourse default in Admiralty, also known as a default with prejudice in
Admiralty. A default is considered a statutory consent. A default is an admission that all
material facts are established as truth and fact. An unrebutted Affidavit, an Affidavit not
answered timely, or an Affidavit that is not answered properly with either Admit, Deny,
or Deny for want of Knowledge, to each numbered paragraph, as required by statute, is a
statutory consent and admission of all material facts stated in the Affidavit as truth under
the evidence code. An unrebutted email, such as the one submitted with the Affidavit,
from the SANTA CLARA COUNTY Auditor, is also established as truth under the
evidence code. An unrebutted judicially noticed evidence, such as the supporting
evidence for recusal, Form 700 in Exhibit 56, which shows a $100,000.00 investment of
stock in US BANCORP by Judge William J. Elfving, is established as truth. US
BANCORP is involved in the instant case. The corporation is involved in the cross
complaint thru Cross Defendants who are two executive board members of US
BANCORP, and thru a matter in controversy of a purported credit card debt of a
subsidiary or interlocking daughter corporation of US BANCORP called US BANK.
Judge William J. Elfving has admitted to the truthfulness of the material fact
that this default is taken timely in that the judge is still in office and the clock does not
– Page 3 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
![Page 4: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/4.jpg)
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start to run until the public servant leaves office. Judge William J. Elfving has admitted
to the truthfulness of the material facts contained in the Affidavit of Objection
pursuant to C.C.P. §§ 431.10, 431.30, that civil rights federal law Title 42 U.S.C. §§
1983, 1985, 1988, C.C.P. §§ 170.1, 170.3; Title 28 U.S.C. §§ 455, 455(a), 455(b)(1),
455(b)(3), 455(b)(5)(i), 455(b)(5)(iv), Canons 1, 2, 3.B.6, and 6; FRCP Rule 7(b), Fed. R.
of Evid., Rule 201, CALIFORNIA PC §§ 92, 93, Constitution of the California Republic,
the authorities cited in the memorandum herein, and Affidavits filed into Case #107-CV-
189409, SFPCU v. STEWART and cross complaint, (which are established as evidence
under the evidence code, and as truth and fact when unrebutted under the evidence code,
and the time to object to those Affidavits has past and been defaulted), apply to this
recusal.
Judge William J. Elfving has admitted to the truthfulness of the material fact
that the motion of objection to Judge William J. Elfving was made timely, and is
effective to the date of notice of assignment of Judge William J. Elfving to the case by
the clerk of the court, nunc pro tunc, pursuant to CCP 170.1, 170.3; Title 28 §§ 455,
455(a), 455(b)(1), 455(b)(3), 455(b)(5)(i), 455(b)(5)(iv), Marshall v Jerrico Inc., 446 US
238, 242, 100 S.Ct. 1610, 64 L. Ed. 2d 182 (1980), Article VI of the United States
Constitution and Stone v Powell, 428 US 465, 483 n. 35, 96 S. Ct. 3037, 49 L. Ed. 2d
1067 (1976), RI Supreme Court Article VI and Canons 1, 2, and 3.B.6, FRCP Rule
7(b), Fed. R. of Evid., Rule 201, CALIFORNIA PC 92, 93, Constitution of the
California Republic, the authorities cited in the memorandum herein, and Affidavits
filed into Case #1-07-CV-089409, SFPCU v. STEWART and cross complaint, and as
judicially noticed evidence in U.S. BANKRUPTCY COURT, NORTHERN
DISTRICT OF CALIFORNIA, In Re: Rosalie A. Guancione©, Case No. 11-57656
ASW, docket documents 214, 214-1, 214-2, 214-3, 214-4 (previously served on Judge
William J. Elfving); to recuse Judge William J. Elfving.
– Page 4 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
![Page 5: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/5.jpg)
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Nihil Dicit in Objection to Judge William J Elfving for Disqualification for Cause
AFFIDAVIT OF HI&RH Empress Aubreé Regina Dei Gratia©STATE OF CALIFORNIA )
)ss AFFIDAVIT OF TRUTHAFFIDAVIT OF TRUTHCOUNTY OF SANTA CLARA )
Comes now your Affiant, HI&RH Empress Aubreé Regina Dei Gratia©, the natural
living woman, over the age of 18, who makes these statements under oath and after first
being duly sworn according to law, states that she is your Affiant, and Judge William J.
Elfving has admitted to the truthfulness of the material fact that she believes these
facts to be true to the best of her belief and first hand knowledge.
1) Your Affiant makes this affidavit in the CITY OF SAN JOSE, COUNTY OF
SANTA CLARA, on August 04, 2015.
2) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the facts described herein are true, complete and not misleading.
3) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of all the material facts stated herein.
4) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the undersigned has first hand knowledge of all the
facts stated herein.
5) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the facts described herein describe events that have
occurred within the COUNTY OF SANTA CLARA.
6) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that HI&RH Empress Aubreé Regina Dei Gratia©, is also known as
Rosalie Aubreé Guancione©, the natural living woman.
7) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that HI&RH Empress Aubreé Regina Dei Gratia©, is a non-corporate, a
non-combatant, private citizen and a real, mortal, sentient, flesh and blood, natural born
– Page 5 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
![Page 6: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/6.jpg)
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living woman, who is living, breathing, and a being, on the soil, with clean hands, rectus
curia.
8) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the undersigned makes these statements freely, without reservation.
9) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that if the undersigned is compelled to testify regarding the facts stated
herein that the undersigned is competent to do so.
10) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that Empress Aubreé Regina Dei Gratia©, has met with and been
examined by Dr. Marshall Williams.
11) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that Dr. Marshall Williams has an unrestricted licensed to practice
medicine and surgery in the STATE OF CALIFORNIA.
12) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that Dr. Marshall Williams is recognized as a competent medical
authority by the STATE OF CALIFORNIA.
13) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that Dr. Marshall Williams performed a physical examination on
Empress Aubreé Regina Dei Gratia©, the natural living woman, on January 21, 2013.
14) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that Dr. Marshall Williams determined that on January 21, 2013,
Empress Aubreé Regina Dei Gratia©, is living, and NOT deceased.
15) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that Dr. Marshall Williams memorialized the results of his examination
of the undersigned, as a living natural woman in a separate Affidavit fully incorporated
by reference as if fully incorporated therein.
16) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the physical examinations and Affidavits of Dr. Marshall Williams
– Page 6 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
![Page 7: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/7.jpg)
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dated January 21, 2013, are unrebutted fact and truth that the undersigned is a natural [sic
individual] woman, and a sentient living mortal human being.
17) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that an all upper case formatted name applies only to vessels at sea, or;
a deceased individual, and/or a deceased individual’s name on a tombstone, or; a
corporation.
18) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the aforementioned medical examination proved that an all upper
case formatted name was misapplied to the undersigned, by the court.
Judge William J Elfving admitted to the Truthfulness of the following Judge William J Elfving admitted to the Truthfulness of the following
Material facts regarding Pro Se/pro per StandardsMaterial facts regarding Pro Se/pro per Standards
19) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that your Affiant repeats, re-alleges, and incorporates
by reference the foregoing paragraphs as if those paragraphs were fully set forth herein.
20) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that Pursuant to the UNITED STATES SUPREME COURT, Re:
Haines v. Kerner 404 U.S. 519 at 521 (1972), pro se/pro per pleadings MAY NOT be
held to the same standard as a lawyer’s and/or attorney’s.
21) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that Pursuant to the UNITED STATES SUPREME COURT, Re:
Haines v. Kerner 404 U.S. 519 at 521 (1972), pro se/pro per motions, pleadings and all
papers may ONLY be judged by their function and never their form.
22) Your Affiant Judge William J. Elfving has admitted to the truthfulness of the
material fact that Pursuant to the UNITED STATES SUPREME COURT, Re: Haines v.
Kerner 404 U.S. 519 at 521 (1972), the undersigned is considered in pro per, also known
as in proper persona.
23) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that Pursuant to the UNITED STATES SUPREME COURT, Re:
– Page 7 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
![Page 8: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/8.jpg)
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Haines v. Kerner 404 U.S. 519 at 521 (1972), pro se litigants complaints, pleadings and
other papers are exempt from dismissal for form not function.
24) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that Pursuant to the UNITED STATES SUPREME COURT, Re:
Haines v. Kerner 404 U.S. 519 at 521 (1972), pro se Petitions cannot be dismissed
without the court allowing the opportunity for the pro se litigant to correct the Petition.
25) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that Pursuant to the UNITED STATES SUPREME COURT, Re:
Haines v. Kerner 404 U.S. 519 at 521 (1972), the court MUST inform the pro se litigant
of the Petition’s deficiency.
26) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that Pursuant to the UNITED STATES SUPREME COURT, Re:
Haines v. Kerner 404 U.S. 519 at 521 (1972), the court must instruct the pro se litigant
on the necessary instructions.
27) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that Pursuant to the UNITED STATES SUPREME COURT, Re:
Haines v. Kerner 404 U.S. 519 at 521 (1972), the pro se litigant may introduce any
evidence in support of his Petition.
28) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the Court errs if the court dismisses the pro se litigants complaint
without instruction as to how the pleadings are deficient and how to repair the pleadings.
See Platsky v. C.I.A., 953 f.2d. 25.
29) Your Affiant states Judge William J. Elfving has admitted to the
truthfulness of the material fact that Litigants' constitutional (inalienable and
guaranteed) rights (given by God) are violated when courts depart from precedent,
where parties are similarly situated. See Anastasoff v. United States , 223 F.3d 898
(8th Cir. 2000)
– Page 8 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
![Page 9: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/9.jpg)
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Judge William J. Elfving has admitted to the truthfulness of the material fact that thethe following are Governing Rules of this Case following are Governing Rules of this Case
30) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that your Affiant repeats, re-alleges, and incorporates
by reference the foregoing paragraphs as if those paragraphs were fully set forth herein.
31) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that in the name of God, with the gaze of Our Lord, that Empress
Aubreé Regina Dei Gratia© is appearing specially and not generally, vi et armis, in
defense of her rights.
32) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that your Affiant is claiming, exercising and invoking ALL RIGHTS,
including but not limited to God granted Rights, inalienable rights, human Rights, and all
Rights guaranteed and protected by the united States Constitution, the California
Constitution, the Universal Postal Union Treaty and other unspecified International
Treaties.
33) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that your Affiant is the Cross Complainant and Appellant in the case
sub judice.
34) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the undersigned adapts and incorporates herein by reference as if
fully set forth herein, the entire SUPERIOR COURT OF CALIFORNIA, COUNTY OF
SANTA CLARA, Civil Unlimited Jurisdiction, Case 1-07-CV-189409, SFPCU v.
STEWART and cross complaint.
35) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the incorporation by reference is not limited to, all
Minute Entries, Rulings, Calendared hearings, Transfers/Referrals by court and/or clerk,
removals, and Orders, the entire docket.
– Page 9 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
![Page 10: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/10.jpg)
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36) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the undersigned submits the following facts, law
and authority as basis for and in support of this pleading.
37) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the instant case is governed by, inter alia, the
Federal Rules of Civil Procedure and, inter alia, the Federal Rules of Evidence and, inter
alia, the United States Code and, inter alia, the united States Constitution of 1787 and,
inter alia, the amendments thereto including the original 13th Amendment and, inter alia,
the California Constitution and, inter alia, the Treaty of Paris of 1781 and, inter alia, the
Hague Convention and, inter alia, the Universal Postal Union Treaty and, inter alia, ALL
other human rights treaties and, inter alia, the Affidavit Memorializing Conversations
Regarding Self Disqualification of Judges in COUNTY OF SANTA CLARA, and inter
alia, the Affidavit of Nihil Dicit and of Tacit Agreement filed on or about 35 days later,
all estoppels on government agencies and/or agents, and others and, inter alia. These
Rules and Laws have not been abrogated.
Judge William J Elfving admitted to the Truthfulness of each of the followingJudge William J Elfving admitted to the Truthfulness of each of the following
Material Facts as STATEMENTS OF FACTMaterial Facts as STATEMENTS OF FACT
38) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that your Affiant repeats, re-alleges, and incorporates
by reference the foregoing paragraphs as if those paragraphs were fully set forth herein.
39) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that he reported on his Annual Form 700 for 2014 that he owns
$100,000.00 in US BANCORP stock.
40) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that he reported on his Annual Form 700 for 2014 that his wife Barbara
Elfving owns $100,000.00 in US BANCORP stock.
– Page 10 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
![Page 11: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/11.jpg)
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41) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the subject matter of the instant case involves US BANK (US
BANCORP).
42) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the subject matter of the instant case involves a US BANK issued
credit card by US BANCORP.
43) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the credit card application says US BANCORP.
44) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that when the credit card comes in the mail it says that it is issued by
US BANK.
45) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that US BANK and US BANCORP are inter-locking corporations
doing banking business.
46) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the parties in this case include two Cross Defendants who are
members of the Board of Directors of US BANCORP.
47) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that he has a financial conflict of interest in the subject matter of the
instant case.
48) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that he has a financial conflict of interest in the subject matter of the
instant case via his wife Barbara Elfving.
49) Your Affiant states that Judge William J. Elfving has admitted to the truthfulness
of the material fact that his wife Barbara Elfving has a $100,000.00 financial investment
in US BANCORP.
50) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he had a FIDUCIARY DUTY AND STATUTORY
– Page 11 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
![Page 12: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/12.jpg)
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DUTY to disclose financial conflicts of interest to the parties who appear before him.
51) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he has a STATUTORY DUTY to tract his conflicts of
interest.
52) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he has a MANDATORY DUTY to self recuse due to
his $100,000.00 financial conflict of interest in the US BANCORP stock, which is
subject matter of the instant case.
Judge William J Elfving has admitted to the Truthfulness of the Unrebutted Affidavits of Self Disqualification
53) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that your Affiant repeats, re-alleges, and incorporates
by reference the foregoing paragraphs as if those paragraphs were fully set forth herein.
54) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that all judges in the SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SANTA CLARA, and the OFFICE OF THE STATE ATTORNEY
GENERAL, the COUNTY OF SANTA CLARA OFFICE OF THE DISTRICT
ATTORNEY, the COUNTY OF SANTA CLARA COUNTY ATTORNEY and three
SUPERIOR COURT Clerks, were served with an “Affidavit of CROSS-
COMPLAINANTS William B. Stewart III©, Aubreé Dei Gratia© (aka Rosalie
Guancione©), and Anthony Victor Guancione III©, MEMORIALIZING William B.
Stewart III©, Aubreé Dei Gratia© (aka Rosalie Guancione©), and Anthony Victor
Guancione III©’s CONVERSATIONS WITH BRIAN FARAONE, LAN-FANG
WANG, AND JOSH ZENZEN, AND CONFIRMING THE NAMES OF ALL JUDGES
RECUSED IN THIS CASE ON OR ABOUT NOVEMBER 2008” stating that all judges
in the COUNTY OF SANTA CLARA, SUPERIOR COURT OF CALIFORNIA, self
disqualified in Nov. 2008, in a case involving Your Affiants.
– Page 12 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
![Page 13: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/13.jpg)
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55) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that all judges in the SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SANTA CLARA, and the OFFICE OF THE STATE ATTORNEY
GENERAL, the COUNTY OF SANTA CLARA OFFICE OF THE DISTRICT
ATTORNEY, the COUNTY OF SANTA CLARA COUNTY ATTORNEY and three
SUPERIOR COURT Clerks, were served with an “Affidavit of CROSS-
COMPLAINANTS William B. Stewart III©, Aubreé Dei Gratia© (aka Rosalie
Guancione©), and Anthony Victor Guancione III©, MEMORIALIZING William B.
Stewart III©, Aubreé Dei Gratia© (aka Rosalie Guancione©), and Anthony Victor
Guancione III©’s CONVERSATIONS WITH BRIAN FARAONE, LAN-FANG
WANG, AND JOSH ZENZEN, AND CONFIRMING THE NAMES OF ALL JUDGES
RECUSED IN THIS CASE ON OR ABOUT NOVEMBER 2008” stating that all judges
in the COUNTY OF SANTA CLARA, SUPERIOR COURT OF CALIFORNIA, have a
lifetime bar to hearing any cases involving Your Affiants.
56) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that all judges in the SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SANTA CLARA, and the OFFICE OF THE STATE ATTORNEY
GENERAL, the COUNTY OF SANTA CLARA OFFICE OF THE DISTRICT
ATTORNEY, the COUNTY OF SANTA CLARA COUNTY ATTORNEY and three
SUPERIOR COURT Clerks, were served with an “Affidavit of CROSS-
COMPLAINANTS William B. Stewart III©, Aubreé Dei Gratia© (aka Rosalie
Guancione©), and Anthony Victor Guancione III©, MEMORIALIZING William B.
Stewart III©, Aubreé Dei Gratia© (aka Rosalie Guancione©), and Anthony Victor
Guancione III©’s CONVERSATIONS WITH BRIAN FARAONE, LAN-FANG
WANG, AND JOSH ZENZEN, AND CONFIRMING THE NAMES OF ALL JUDGES
RECUSED IN THIS CASE ON OR ABOUT NOVEMBER 2008” stating that your
Affiants have immunity to all state court jurisdiction.
– Page 13 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
![Page 14: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/14.jpg)
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57) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the “Affidavit of CROSS-COMPLAINANTS William B. Stewart
III©, Aubreé Dei Gratia© (aka Rosalie Guancione©), and Anthony Victor Guancione
III©, MEMORIALIZING William B. Stewart III©, Aubreé Dei Gratia© (aka Rosalie
Guancione©), and Anthony Victor Guancione III©’s CONVERSATIONS WITH
BRIAN FARAONE, LAN-FANG WANG, AND JOSH ZENZEN, AND CONFIRMING
THE NAMES OF ALL JUDGES RECUSED IN THIS CASE ON OR ABOUT
NOVEMBER 2008” stated that your Affiants are NOT U.S. citizens.
58) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the “Affidavit of CROSS-COMPLAINANTS William B. Stewart
III©, Aubreé Dei Gratia© (aka Rosalie Guancione©), and Anthony Victor Guancione
III©, MEMORIALIZING William B. Stewart III©, Aubreé Dei Gratia© (aka Rosalie
Guancione©), and Anthony Victor Guancione III©’s CONVERSATIONS WITH
BRIAN FARAONE, LAN-FANG WANG, AND JOSH ZENZEN, AND CONFIRMING
THE NAMES OF ALL JUDGES RECUSED IN THIS CASE ON OR ABOUT
NOVEMBER 2008” stated that your Affiants are sovereign American Nationals under
Federal Law USC § 1101(a)(21).
59) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that as a state court Judge he recused himself in November 2008, in
state court case 1-07-CV-089409, a case involving both of Your Affiants as parties, in
SAN JOSE, CALIFORNIA.
60) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that if he rules, holds court or performs any judicial process’ in the
instant case, he will do so WITHOUT JURISDICTION AND IN VIOLATION OF AN AUTOMATIC STAY IN BANKRUPTCY.61) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the SUPERIOR COURT OF CALIFORNIA is an Ens legis,
corpora ficta and corporate court.
– Page 14 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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62) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the CALIFORNIA JUDICIAL COUNCIL is an Ens legis, corpora
ficta and corporate court.
63) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the CALIFORNIA JUDICIAL COUNCIL is a political subdivision
of the UNITED STATES.
64) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the undersigned, as officially recognized a secured party creditor,
had a reasonable expectation of immunity from all state court jurisdiction.
65) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that agreed in March 2013 that in November 2008, that he had a
lifetime bar from ruling in any case that involved either of your Affiants.
66) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that he is violating your Affiant’s civil rights to due process and equal
protection under the law by conducting hearings and issuing orders in this instant case
entirely without jurisdiction, in corum non judice.
67) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the de facto corpora ficta CALIFORNIA JUDICIAL COUNCIL
has no jurisdiction over either of your Affiants, who are natural living individuals and
sovereign American Nationals, not corporations or of the kind.
68) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that he was not a member of the BAR (British Accreditation Registry
franchise) while sitting in judgment in this case, in violation of the STATE OF
CALIFORNIA Business and Professions Code.
69) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that he received payments from the COUNTY OF SANTA CLARA
who was not his employer of record since 1997, in violation of the Constitution of the
STATE OF CALIFORNIA. The Supremacy Clause states that SBX 211 cannot supersede
– Page 15 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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the state constitution, which precludes acceptance of such payments, which constitute
unreported bribes within the meaning of the law.
70) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that absolutely none of the entities or individuals who were served with
your Affiant’s previous Affidavit, ever filed or served, an opposition or rebuttal of the
aforementioned Affidavit Memorializing the self disqualification of 104 judges of the
SUPERIOR COURT, COUNTY OF SANTA CLARA, within 30 days.
71) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that absolutely none of the entities who were served with your Affiant’s
previous Affidavit, ever filed or served, an opposition or rebuttal of the aforementioned
Affidavit within 35 days.
72) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that all judges in the SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SANTA CLARA, and the OFFICE OF THE STATE ATTORNEY
GENERAL, the COUNTY OF SANTA CLARA OFFICE OF THE DISTRICT
ATTORNEY, the COUNTY OF SANTA CLARA COUNTY ATTORNEY and three
SUPERIOR COURT Clerks, were served with a subsequent “Affidavit of Nihil Dicit (no
recourse default) against, and Tacit admissions of, all members of the SUPERIOR
COURT OF CALIFORNIA, COUNTY OF SANTA CLARA, who failed to answer
within 30 days, with an opposing Affidavit to the original Affidavit filed March 27, 2013
by CROSS-COMPLAINANTS William B. Stewart III©, Aubreé Dei Gratia© (aka
Rosalie Guancione©), and Anthony Victor Guancione©’s (aka Anthony-Victor III:
Guancione©, Anthony Victor Guancione III©) CONFIRMING THE NAMES OF ALL
JUDGES SELF DISQUALIFIED / RECUSED IN THIS CASE ON OR ABOUT
NOVEMBER 2008” in Case #1-07-CV-089409, SFPCU v. STEWART and cross
complaint.
73) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that through Nihil Dicit, all judges in the SUPERIOR COURT OF
– Page 16 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
![Page 17: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/17.jpg)
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CALIFORNIA, COUNTY OF SANTA CLARA, and the OFFICE OF THE STATE
ATTORNEY GENERAL, the COUNTY OF SANTA CLARA OFFICE OF THE
DISTRICT ATTORNEY, the COUNTY OF SANTA CLARA COUNTY ATTORNEY
and three SUPERIOR COURT Clerks were defaulted through a no recourse default in
Admiralty law form approximately 35 days after service on each and every judge, state,
county, or other court official, filed in Case #1-07-CV-089409, SFPCU v. STEWART
and cross complaint.
74) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that through Tacit agreement, all judges in the SUPERIOR COURT OF
CALIFORNIA, COUNTY OF SANTA CLARA, and the OFFICE OF THE STATE
ATTORNEY GENERAL, the COUNTY OF SANTA CLARA OFFICE OF THE
DISTRICT ATTORNEY, the COUNTY OF SANTA CLARA COUNTY ATTORNEY
and three SUPERIOR COURT Clerks agreed to the truth of the facts in the original
Affidavit, which was then memorialized in an Affidavit of Tacit Agreement.
75) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that a Legal Maxim is “An unrebutted Affidavit stands as truth in
commerce”.
76) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that that Claims made in an affidavit, if not rebutted, emerge as the truth
of the matter. Legal Maxim: "He who doesn't deny, admits."
77) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that AN UNREBUTTED AFFIDAVIT BECOMES THE JUDGMENT
IN COMMERCE. There is nothing left to resolve. Any proceeding in a court, tribunal,
or arbitration forum consists of a contest, or duel, of commercial affidavits wherein the
points remaining unrebutted in the end stand as truth and matters to which the judgment
of the law is applied.
78) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the unrebutted Affidavit served upon all the judges of the
– Page 17 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA, are the
judgment that your Affiants herein are immune to all state court jurisdiction, and that in
this instant case, the complaint RIVERWALK HOLDINGS v. GUANCIONE©, must be
dismissed with prejudice because it was brought in a court without any jurisdiction ab
initio, the truthfulness of the facts as proven by unrebutted Affidavit and subsequent Nihil
Dicit Affidavit.
79) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the INCORPORATED COURTS HAVE NO JURISDICTION OVER CROSS-COMPLAINANTS AND MISCONSTRUED DEFENDANT, BECAUSE THEY ARE ‘A NATURAL MAN AND A NATURAL WOMAN’.80) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the explanation of the SUPREME COURT OF THE UNITED
STATES:
"Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a government can interface only with other artificial persons. The imaginary, having neither actuality nor substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation of this is that no government, as well as any law, agency, aspect, court, etc. can concern itself with anything other than corporate, artificial persons and the contracts between them." S.C.R. 1795, Penhallow v. Doane's Administraters (3 U.S. 54; 1 L.Ed. 57; 3 Dall. 54),
81) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that an unrebutted Affidavit stands as a bar by estoppel to any future
answer.
82) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that Black’s Law Dictionary, 6th Edition, page 48, defines Admissions
by silence, in relevant part … “his failure to speak has traditionally been receivable
against him as an admission”. Your Affiants state that this definition indicates that the
state court judges and THE OFFICE OF THE DISTRICT ATTORNEY - SANTA
CLARA COUNTY, and the OFFICE OF THE COUNTY COUNSEL - SANTA CLARA
– Page 18 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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COUNTY, THE OFFICE OF THE DISTRICT ATTORNEY – SAN MATEO COUNTY,
and the OFFICE OF THE COUNTY COUNSEL - SAN MATEO COUNTY, and the
OFFICE OF THE STATE ATTORNEY GENERAL, have each admitted to the immunity
of your Affiants to all state court jurisdiction.
83) Your Affiant states Judge William J. Elfving has admitted to the
truthfulness of the material fact that A Maxim of Law states, “An affidavit must
be rebutted point- for-point.” And any rebuttal must have evidence provided to the
Affiant to demonstrate why the Affiant’s point isn’t true, and the Respondent needs
to provide his/her rebuttal in sworn affidavit form.
84) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that he agrees to recuse himself from the above entitled matter under
CCP 170.1, 170.3, 28 USCS Sec. 455, and Marshall v Jerrico Inc . , 446 US 238, 242,
100 S.Ct. 1610, 64 L. Ed. 2d 182 (1980).
85) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that "The neutrality requirement helps to guarantee that life, liberty,
or property will not be taken on the basis of an erroneous or distorted conception of
the facts or the law."
86) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the above is applicable to this court by application of Article VI
of the United States Constitution and Stone v Powell, 428 US 465, 483 n. 35, 96 S. Ct.
3037, 49 L. Ed. 2d 1067 (1976).
87) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that "State courts, like federal courts, have a constitutional
obligation to safeguard personal liberties and to uphold Federal law."
88) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that RI Supreme Court Article VI and Canons 1, 2, and 3.B.6 are also
applicable to recusal.
89) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
– Page 19 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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the material fact that in the past he deliberately violated other litigant's personal
liberties, and/or, has wantonly refused to provide due process and equal protection to
all litigants before the court or has behaved in a manner inconsistent with that which
is needed for full, fair, impartial hearings.
90) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the United States Constitution guarantees an unbiased Judge who
will always provide litigants with full protection of ALL RIGHTS.
91) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that he must recuse himself in light of the judicially noticed evidence,
U.S. BANKRUPTCY COURT, NORTHERN DISTRICT OF CALIFORNIA, In Re:
Rosalie A. Guancione©, Case No. 11-57656 ASW, docket documents 214, 214-1,
214-2, 214-3, 214-4; from state court case 107-CV-089409, SFPCU v. STEWART and
cross complaint; incorporated herein by reference, as if fully incorporated herein,
detailing prior unethical and/or illegal conduct or conduct which gives your Affiants
good reason to believe the above Judge William J. Elfving cannot hear the above case
in a fair and impartial manner. See Affidavit and Affidavit of Nihil Dicit from state
court case 107-CV-089409, SFPCU v. STEWART and cross complaint attached to:
CROSS COMPLAINANT Rosalie Guancione©, aka, HI&RH Empress Aubreé
Regina Dei Gratia©, the natural woman’s, AFFIDAVIT OF NOTICE TO CLERK OF
STATUTORY CONSENT TO DISQUALIFICATION FOR CAUSE OF JUDGE
WILLIAM J ELFVING FOR RECUSAL, and Requirement to Notify Presiding Judge
to Assign a New Civil Division Judge to Hear Civil Court Case, filed March 14, 2014.
92) Your Affiant states that because Judge William J. Elfving was presented with
true and correct copies of the previously defaulted Affidavit (of self recusal) from
March 2013, of which he was described to have self recused in a previous unrelated
case and he did not file and serve an answer in objection in a timely manner, and an
Affidavit of Nihil Dicit from April 2013, from state court case 107-CV-089409,
SFPCU v. STEWART and cross complaint, again on March 14, 2014, each as
– Page 20 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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attachments to an AFFIDAVIT OF NOTICE TO CLERK OF STATUTORY
CONSENT TO DISQUALIFICATION FOR CAUSE OF JUDGE WILLIAM J
ELFVING FOR RECUSAL, a reasonable man or woman is not likely to believe
Judge William J. Elfving’s denials of knowledge of his own self recusal in case
107-CV-089409 involving parties in the instant case.
93) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that he was previously self recused in another case, 107-CV-089409,
SFPCU v. STEWART and cross complaint, in which the undersigned were parties.
94) Your Affiant states Judge William J. Elfving has admitted to the truthfulness of
the material fact that the grounds to recuse him are CCP 170.1, 170.3, Title 28 U.S.C.
§§ 455, 455(a), 455(b)(1), 45(b)(3), 455(b)(5)(i), 455(b)(5)(iv), FRCP Rule 7(b), Fed.
R. of Evid., Rule 201, the case law and common law and maxims of law set forth in
the memorandum herein, and Judge William J. Elfving admissions, as set forth in the
judicially noticed evidence sets previously filed into the instant case, and incorporated
herein by reference as if fully set forth herein.
Judge William J. Elfving admitted to the truthfulness of RECUSAL COUNT #1RECUSAL COUNT #1 C.C.P. §§ 170.1(a), 170.1 (a) (3) (A), 170.3(a)(1):
Financial conflict of interest of Judge William J. Elfving with Subject Matter of Proceeding
95) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that your Affiant repeats, re-alleges, and incorporates
by reference the foregoing paragraphs as if those paragraphs were fully set forth herein.
96) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that your Affiant repeats, re-alleges, and incorporates
by reference the foregoing paragraphs of the Demand Mandatory Judicial Demand Mandatory Judicial Notice of Exhibit 56: Notice of Exhibit 56: California Form 700, STATEMENT OF ECONOMIC California Form 700, STATEMENT OF ECONOMIC
INTERESTS, FOR 2O14, INTERESTS, FOR 2O14, Judge William Johnson Elfving, filed Judge William Johnson Elfving, filed
– Page 21 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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01/29/2015, 01/29/2015, pagespages 1, 19: Schedule A-1 Investments page: US 1, 19: Schedule A-1 Investments page: US BANCORPBANCORP as if fully set forth herein.
97) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that Judge William J. Elfving owns $100,000.00 in
stock of US BANCORP.
98) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that two Cross-Defendants in the instant case are
sitting or former members of the Board of Directors for US BANCORP.
99) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the subject matter of the instant case involves an
alleged debt for a credit card issued by, and sold by, US BANK, a subsidiary or
division of US BANCORP.
100) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that all of the elements of this count have been
satisfied.
Judge William J. Elfving admitted to the truthfulness of RECUSAL COUNT #2RECUSAL COUNT #2 C.C.P. §§ 170.1(a), 170.1 (a) (3) (A), 170.1 (a) (3) (B), 170.1 (a) (3) (B) (i), 170.3(a)(1)
Financial conflict of interest of Judge William J. Elfving’s wife Barbara Elfving with Subject Matter of Proceeding
101) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that your Affiant repeats, re-alleges, and incorporates
by reference the foregoing paragraphs as if those paragraphs were fully set forth herein.
102) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that your Affiant repeats, re-alleges, and incorporates
by reference the foregoing paragraphs of the Demand Mandatory Judicial Demand Mandatory Judicial Notice of Exhibit 56: Notice of Exhibit 56: California Form 700, STATEMENT OF ECONOMIC California Form 700, STATEMENT OF ECONOMIC
INTERESTS, FOR 2O14, INTERESTS, FOR 2O14, Judge William Johnson Elfving, filed Judge William Johnson Elfving, filed
– Page 22 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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01/29/2015, 01/29/2015, pagespages 1, 19: Schedule A-1 Investments page: US 1, 19: Schedule A-1 Investments page: US BANCORPBANCORP as if fully set forth herein.
103) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the WILLIAM & BARBARA ELFVING TRUST
is jointly owned by Judge William Johnson Elfving and Barbara Elfving, as an asset
of the marital estate.
104) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the subject matter of the instant case involves an
alleged debt for a credit card issued by, and sold by, US BANK, a subsidiary or
division of US BANCORP.
105) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that all of the elements of this count have been
satisfied.
Judge William J. Elfving admitted to the truthfulness of RECUSAL COUNT #3RECUSAL COUNT #3 C.C.P. §§ 170.1(a)(6)(A), 170.1(a)(6)(A)(i), or 170.1(a)(6)(A)(ii), or 170.1(a)(6)(A)
(iii); 170.3(a)(1)Recuse in the Interests of Justice, Judicial bias, partiality,
or public perception of bias
106) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that your Affiant repeats, re-alleges, and incorporates
by reference the foregoing paragraphs as if those paragraphs were fully set forth herein.
107) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that CCP 170.3 states in relevant part “(a)(1) If a
judge determines himself or herself to be disqualified, the judge shall notify the
presiding judge of the court of his or her recusal and shall not further participate in
the proceeding, except as provided in Section 170.4, unless his or her disqualification
is waived by the parties as provided in subdivision (b).” Emphasis added.
– Page 23 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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108) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he came into the case and signed an order,
without 10 days notice of assignment to the undersigned parties.
109) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the undersigned cross complaintant/appellant did
not find out that Judge William J. Elfving was assigned to the instant case and signed
an order, until after Judge William J. Elfving signed the order.
110) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that his previous self recusal in case #1-07-CV-
089409, SFPCU v. STEWART and cross complaint was not put into writing at the time
by the clerks of the court nor put in writing at the time by Judge William J. Elfving
after his self recusal in that case.
111) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that 104 other judges of the SUPERIOR COURT OF
CALIFORNIA, COUNTY OF SANTA CLARA also performed self recusals in case
#1-07-CV-089409, SFPCU v. STEWART and cross complaint, although that was not
put into writing at the time by the clerks of the court nor put in writing at the time by
any of the judges.
112) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the failure of the judges and the clerks in case #1-
07-CV-089409, SFPCU v. STEWART and cross complaint, to put the self recusals in
writing delayed this recusal.
113) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he has admitted that he is disqualified.
114) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he admitted this disqualification and his lifetime
bar to hearing any cases in which the undersigned are parties through his failure to
– Page 24 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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rebut an Affidavit Memorializing his self recusal from Case #1-07-CV-089409,
SFPCU v. STEWART and cross complaint involving the undersigned.
115) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that this admission was made under the Doctrine of
Silence is Agreement (see later authorities).
116) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that this admission of prior recusal was performed by
Tacit Agreement.
117) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that his admission as to the truthfulness of all facts
stated in the Affidavit Memorializing … proves under the Doctrine of Res Ipsa
Loquitur (the thing speaks for itself) the bias, partiality, or other conflict of interest of
Judge William J. Elfving.
118) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he admitted after issuance of his orders in the
instant case and pursuant to the doctrine of Silence is Agreement that the judge had a
lifetime bar to jurisdiction in all cases involving either of the two parties: Rosalie
Guancione©, aka HI&RH Empress Aubreé Dei Gratia©; and HI&RH Prince
Anthony-Victor III: Guancione©, aka Anthony Guancione, III©.
119) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the Affidavit Memorializing … the self recusal of
Judge William J. Elfving, and the Nihil Dicit (no recourse default) in Admiralty, are
filed into both Case #1-07-CV-089409, SFPCU v. STEWART and cross complaint,
and separately as judicially noticed evidence, U.S. BANKRUPTCY COURT,
NORTHERN DISTRICT OF CALIFORNIA, In Re: Rosalie A. Guancione©, Case
No. 11-57656 ASW, docket documents 214, 214-1, 214-2, 214-3, 214-4.
– Page 25 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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120) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that each of the aforementioned documents are
incorporated by reference herein as if fully incorporated herein.
121) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that a failure to sustain this recusal action is a
discrimination against petitioner / movant’s civil rights and said discrimination is a
violation that has both civil and criminal liability under Title 42 US Code §§ 1983,
1988, and U.S. SUPREME COURT case law Owens v. City of Independence.
Judge William J. Elfving admitted to the truthfulness of RECUSAL COUNT #4RECUSAL COUNT #4 C.C.P. §§ 170.1(a)(6)(A), 170.1(a)(6)(A)(iii); 170.3(b)(2)(A)
Person Aware of the Facts might reasonably entertain a doubt that the judge would be able to be impartial
122) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that your Affiant repeats, re-alleges, and incorporates
by reference the foregoing paragraphs as if those paragraphs were fully set forth herein.
123) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that CCP 170.3(b) states in relevant part (2) There
shall be no waiver of disqualification if the basis therefore is either of the following:
(A)The judge has a personal bias or prejudice concerning a party. ” Emphasis added.
124) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he has a personal bias or prejudice against the
undersigned parties.
125) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the previous self recusal of himself in case #1-07-
CV-089409, SFPCU v. STEWART and cross complaint was not put into writing at the
time by the clerks of the court.
126) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the previous self recusal of himself in case #1-07-
– Page 26 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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CV-089409, SFPCU v. STEWART and cross complaint was not put into writing at the
time by Judge William J. Elfving, after his self recusal in that case.
127) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that Litigants' constitutional (inalienable and
guaranteed) rights (given by God) are violated when courts depart from precedent,
where parties are similarly situated. See Anastasoff v. United States, 223 F.3d 898 (8th
Cir. 2000);
128) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that pursuant to the doctrine of Silence is Agreement
that Judge William J Elfving had a lifetime bar to jurisdiction over all cases involving
either of the two parties: Rosalie A. Guancione©, aka HI&RH Empress Aubreé Dei
Gratia©, the natural living woman and secured party; and HI&RH Prince Anthony-
Victor III: Guancione©, aka Anthony Guancione©, the natural living man and
secured party.
129) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the Affidavit Memorializing … the self recusal of
himself, and the Nihil Dicit (no recourse default) in Admiralty, are both filed as
judicially noticed evidence into U.S. BANKRUPTCY COURT, NORTHERN
DISTRICT OF CALIFORNIA, In Re: Rosalie A. Guancione©, Case No. 11-57656
ASW, docket documents 214, 214-1, 214-2, 214-3, 214-4; from state court case 107-
CV-089409, SFPCU v. STEWART and cross complaint.
130) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that each of the aforementioned documents are
incorporated by reference herein as if fully incorporated herein.
131) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that a failure to sustain this recusal action is a
discrimination against petitioner / movant’s civil rights and said discrimination is a
– Page 27 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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violation that has both civil and criminal liability under Title 42 US Code §§ 1983,
1988, and U.S. SUPREME COURT case law Owens v. City of Independence.
Judge William J. Elfving admitted to the truthfulness of RECUSAL COUNT #5RECUSAL COUNT #5 4th, 5th and 14th Amendments of the federal Constitution of 1787 As Perviewed by the
States, Title 42 U.S.C. § 1983, Title 11 U.S.C. § 362; C.C.P. § 170.3(b)(2)(A)Denial of Due Process and Equal Protection Under the Law
132) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that your Affiant repeats, re-alleges, and incorporates
by reference the foregoing paragraphs as if those paragraphs were fully set forth
herein.
133) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the undersigned had a reasonable expectation of
the enforcement of the guaranteed rights of the federal Constitution of 1787.
134) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he has previously admitted to the truthfulness of
the fact that he has no jurisdiction over either of the undersigned parties.
135) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he has admitted to the truthfulness of the facts
that the undersigned parties are immune to all state court jurisdiction.
136) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he knowingly, as shown by his tacit agreement to
the judicially noticed Affidavits, has willfully, wantonly, ignored a duty to recuse
himself in state court cases involving the undersigned as parties, in violation of the
undersigned civil rights, and in corum non judice.
137) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he continues to rule in cases in which the
undersigned are parties, after his lifetime bar to presiding over any case involving
– Page 28 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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either of the undersigned parties, which is a violation of the undersigned’s civil rights
to due process and equal protection under the law.
138) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that when he conducted court in the instant case and
when he signed an order in the instant case, that Judge William J. Elfving, violated
Title 42 U.S.C. §§ 1983, 1988.
139) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that when he conducts court in the instant case and
when he signs an order in the instant case, that Judge William J. Elfving, is doing so
in conspiracy with other judicial officers, in violation of Title 42 U.S.C. §§ 1985 and
the undersigned civil rights, and in corum non judice.
140) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he was insufficiently supervised by both the
current and previous presiding judges, Judge Brian Walsh, Judge Richard Loftus Jr.,
and the Court CEO, David H. Yamasaki, and the Court CEO’s clerk designees,
including Alicia Vojnik, Brian Faraone, Lan-Fang Wang, when Judge William J.
Elfving was assigned to cases involving the undersigned as parties, and in corum non
judice, in violation of Title 42 U.S.C. §§ 1986 and the undersigned civil rights, and in
corum non judice.
Judge William J Elfving admitted to the Truthfulness of allJudge William J Elfving admitted to the Truthfulness of all FactsFacts
Stated in the BackgroundStated in the Background
141) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that your Affiant repeats, re-alleges, and incorporates
by reference the foregoing paragraphs as if those paragraphs were fully set forth
herein.
142) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he was previously recused in a different and
– Page 29 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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unrelated state court case, and the judge admitted by tacit agreement that Judge
William J. Elfving had a lifetime bar to jurisdiction over all cases involving either of
the two parties: Rosalie A. Guancione©, aka HI&RH Empress Aubreé Dei Gratia©,
the natural living woman and secured party; and HI&RH Prince Anthony-Victor III:
Guancione©, aka Anthony Guancione, III©, the natural living man and secured party.
143) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that the Affidavits memorializing the self recusal of
himself, and the Nihil Dicit (no recourse default) in Admiralty are filed into both Case
#1-07-CV-089409, SFPCU v. STEWART and cross complaint, and separately as
judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT
OF CALIFORNIA, In Re: Rosalie Aubreé Guancione©, Case No. 11-57656 ASW,
docket documents 214, 214-1, 214-2, 214-3, 214-4; from state court case 107-CV-
089409, SFPCU v. STEWART and cross complaint.
144) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that each of the aforementioned documents are
incorporated by reference herein as if fully incorporated herein.
145) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that all judicial officers who deny this motion are in
violation of the movant’s civil rights, which is an action that has both civil and
criminal liability under Owens v. City of Independence.
146) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that a judge who advocates for either party is
recusable for bias, partiality, prejudice, against the other party.
147) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that this is the third time that he, as a state court
Judge, has ruled in a case involving the undersigned after his lifetime bar due to self
recusal was in case 112-CV-217973.
VERIFICATIONVERIFICATION– Page 30 of 37 –
Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with prejudice, no recourse default in Admiralty) taken against Judge William J Elfving
in Objection to Judge William J Elfving for Disqualification for Cause
![Page 31: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/31.jpg)
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145) The signer certifies regarding this filing that:
(1) it is not being presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing
law or by a nonfrivolous argument for extending, modifying, or reversing existing law or
for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so
identified, will likely have evidentiary support after a reasonable opportunity for further
investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if
specifically so identified, are reasonably based on belief or a lack of information.
WHEREFORE, your Affiant prays that this nihil dicit taken in the objection to
judge for disqualification for cause to recuse Judge William J. Elfving be sustained.
I declare under penalty of perjury by the laws of the UNITED STATES, and by
the laws of the STATE OF CALIFORNIA, that the foregoing is true and correct.
Further your Affiant sayeth naught.
Date: August 06, 2015 By: _/s/____ Rosalie Aubreé Guancione© _____ Rosalie Aubreé Guancione©
(aka HI&RH Empress Aubreé Regina Dei Gratia©) Secured Party Creditor
Common Law Notarization to follow on next page.
– Page 31 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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Common Law Notarization:The undersigned are witnesses to the signatures of the real man, and/or, real woman above.
Dated: August 06, 2015 By: _/s/___ Prince William-Bullock III: Stewart©___HI&RH Prince William-Bullock III: Stewart©Witness #1, Common Law Notarization
Dated: August 06, 2015 By: _/s/____ K. Romano RA Pharol Beaujayam©____King Romano RA Pharol Beaujayam©Witness #2, Common Law Notarization
– Page 32 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
![Page 33: Blank Pleading Template With Line Numbering -- Word · Web view2015/08/06 · STEWART and cross complaint, as judicially noticed evidence, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT](https://reader034.vdocuments.mx/reader034/viewer/2022042403/5f15b4346395d766551a61d2/html5/thumbnails/33.jpg)
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Judge William J Elfving admitted to the truthfulness of allJudge William J Elfving admitted to the truthfulness of all facts in thefacts in the
MEMORANDUM OF POINTS AND AUTHORITIESMEMORANDUM OF POINTS AND AUTHORITIES
148) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that your Affiant repeats, re-alleges, and incorporates
by reference the foregoing paragraphs as if those paragraphs were fully set forth
herein.
149) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he has failed to file or plead any objection to the
Affidavit Memorializing the self recusal of Judge William J. Elfving in a state court
case.
150) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that based upon the doctrine of ‘Silence is
Agreement’, that he has agreed to the truthfulness of all facts stated in the
undersigned’s Affidavit Memorializing the self recusal of Judge William J. Elfving in
a state court Case #1-07-CV-089409, SFPCU v. STEWART.
151) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that a Nihil Dicit was taken against him for failure to
reply or rebut the Affidavit Memorializing Judge William J. Elfving’s self recusal, in
Case #1-07-CV-089409, SFPCU v. STEWART.
152) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that a Nihil Dicit is a NO RECOURSE DEFAULT-WITH
PREJUDICE in Admiralty.
153) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he is Defaulted and has admitted to having a
lifetime bar to any further jurisdiction over Anthony Guancione© or Rosalie A.
Guancione© in any case involving either of the aforementioned individuals as parties.
– Page 33 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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154) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that an Affidavit must be answered or replied to with
an opposing or replying Affidavit.
155) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that he failed to serve or file an Affidavit in reply to
the Affidavit Memorializing Judge William J. Elfving’s self recusal.
156) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact of the following federal case law: “Indeed, no more
than affidavits is necessary to make the prima facie case.” United States v. Kis, 658
F.2nd, 526, 536 (7th Cir. 1981); Cert. Denied, 50 US LW 2169; S. Ct. March 22,
1982.
157) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that “Silence can only be equated with fraud where
there is a legal or moral duty to speak or where an inquiry left unanswered would be
intentionally misleading.” U.S. vs. Tweel, 550 F. 2d 297, 299-300 (1997)
158) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that “The failure to file any required document, or the
failure to file it within the deadline, may be deemed consent to the granting or denial
of the motion.” United States District Court, Central District of California, L.R. 7-12.”
159) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that “Court of Appeals may not assume the truth of
allegations in a pleading which are contradicted by affidavit.”
160) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that “Where affidavits are directly conflicting on
material points. It is not possible for the district judge to ‘weight’ the affidavits in
order to resolve disputed issues; accept in those rare cases where the facts alleged in
an affidavit are inherently incredible, and can be so characterized solely by a reading
– Page 34 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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of the affidavit, the district judge has not basis for determination of credibility.’ Data
Disc, Inc v Systems Tech. Assocs., Inc. 557 F. 2d 1280 (9th Cir. 1977)”
161) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that “AN UNREBUTTED AFFIDAVIT STANDS AS
TRUTH IN COMMERCE. Claims made in your affidavit, if not rebutted, emerge as
the truth of the matter. Legal Maxim: "He who doesn't deny, admits." ”
162) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that “AN UNREBUTTED AFFIDAVIT BECOMES
THE JUDGMENT IN COMMERCE. There is nothing left to resolve. Any
proceeding in a court, tribunal, or arbitration forum consists of a contest, or duel, of
commercial affidavits wherein the points remaining unrebutted in the end stand as
truth and matters to which the judgment of the law is applied.”
163) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that “A Maxim of Law states, “An affidavit must be
rebutted point-for-point.” And any rebuttal must have evidence provided to the
Affiant to demonstrate why the Affiant’s point isn’t true, and the Respondent needs to
provide his/her rebuttal in sworn affidavit form. Now as long as you have your
believed truth on the affidavit, they are NOT going to rebut your facts with their
fiction, guaranteed!”
164) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that “Morris v National Cash Register, 44 S.W. 2d
433, clearly states at point #4 “uncontested allegations in affidavit must be accepted as
true.” ”
165) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that “Group v Finletter, 108 F. Supp. 327
“Allegations in affidavit in support of motion must be considered as true in absence of
counter-affidavit.” ”
– Page 35 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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166) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that “Orion Construction Group, LLC v. Berkshire
Wind Power, LLC, No. 07-C-10 (E.D.Wis. 04/13/2007) (defendant's affidavit
presumed true, because plaintiff presented no affirmative evidence supporting
personal jurisdiction).”
167) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that “Glass v. Pfeffer, 849 F.2d 1261, 1267 (10th Cir.
1988) (affidavit in 28 USC 144 recusal proceeding presumed true)”
168) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that an unrebutted Affidavit stands as a bar by
estoppel to any future answer.
169) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that Black’s Law Dictionary, 6th Edition, page 48,
defines Admissions by silence, in relevant part … “his failure to speak has
traditionally been receivable against him as an admission”.
170) Your Affiant states that Judge William J. Elfving has admitted to the
truthfulness of the material fact that each of the previous case laws cited indicates that
an unrebutted Affidavit is an admission of the truth of the facts stated in the Affidavit.
Date: August 06, 2015 By: _/s/____ Rosalie Aubreé Guancione© _____ Rosalie Aubreé Guancione©
(aka HI&RH Empress Aubreé Regina Dei Gratia©) Secured Party Creditor
Common Law Notarization to follow on next page.
– Page 36 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause
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Common Law Notarization:The undersigned are witnesses to the signatures of the real man, and/or, real woman above.
Dated: August 06, 2015 By: _/s/___ Prince William-Bullock III: Stewart©___HI&RH Prince William-Bullock III: Stewart©Witness #1, Common Law Notarization
Dated: August 06, 2015 By: _/s/____ K. Romano RA Pharol Beaujayam©____King Romano RA Pharol Beaujayam©Witness #2, Common Law Notarization
– Page 37 of 37 –Guancione© et al v. Davis et al, Case Case No.: 1-12-CV-217973, HI&RH Empress Aubreé Dei Gratia©’s Nihil Dicit, (with
prejudice, no recourse default in Admiralty) taken against Judge William J Elfving in Objection to Judge William J Elfving for Disqualification for Cause