buza v yahoo complaint

8/4/2019 buza v yahoo complaint

http://slidepdf.com/reader/full/buza-v-yahoo-complaint 1/50

Michele Floyd (S BN 16303 1)[email protected] Sturtevant Eaton (SBN 240761)[email protected] LEVIN COHN FERRIS GLOVSKY AND

5 Palo Alto Square, 4th Floor3000 El Camino RealPalo Alto, CA 94306-2155

0

POPEO, P.C.

~ e l ep h o n e :650) 25 1-7700Facsimile: (650 ) 25 1-7739 ,

Attorneys for Defendant,YAHOO! Inc.

UNITED STATES DISTRICT COURT

9

10

l 5 ll TO THE CLERK OF THE ABOVE-REFERENCED COURT:

NORTHE RN DISTRICT F LIFORNIA

M ARK s . B u z A ,I & r

-.- 11 4 4 2 2Plaintiff,

VS.

YAHOO! Inc,

Defendant.

PLEA SE TA KE NOT ICE that defendant Y ahoo! Inc. ("Yahoo!"), hereby removes to this I

NOTICE OF REMOVAL OF ACTION

UNDER 28 U.S.C. 5 1331 AND 28 U.S.C. 51441 et seq. [Federal Question]

i 7 11 Court the state court action described below:

1. On July 8,2 01 0, an action was filed in the S uperior Court of California, San IFrancisco County, entitled: MARK S. BUZA v. YAHOO, INC., Case No.

2o 11 A true and correct copy of the sum mons and com plaint as Yahoo! received them is attached hereto

21 11 as Exhibit A.

22 11 2. Defendant Yahoo! first received a copy of the com plaint on August 8, 20 1 1 when it

23 I1was personally served with a copy of the summon s and complaint.

24 I/3. Jurisdiction: Removal to this Court is proper because this action is a civil action of

25 I1which this Court has original jurisdiction under 28 U.S.C. 5 133 1 and is on e which may be removed

26I ( to this Court by defendants pursuant to 28 U.S.C. 5 1441, subdivisions (b) and (c) because it arises I

27 I under the laws of the United S tates and contains related state law causes of action as follows:

2 8Notice of Removal of Action Case No:

Case4:11-cv-04422-DMR Document1 Filed09/06/11 Page1 of 50



a. The Second Cause of Action of the C omplaint asserts a cause of action against

Yahoo! arising under the First Amendmen t of the United States Constitution. Thus, this Court has

original jurisdiction founded on a claim or right arising under the United S tates Constitution. 28

U.S.C. 5 1331.

b. The Fifth Cause of Action of the Com plaint appears to assert a cause of action

against Yahoo! for violation of the S tored Comm unications Act, 18 U.S.C. $5 2701 to 27 12. The

Fifth Cause of Action also references 42 U.S.C . 5 1985, subdivision (3) an d therefore appears to

arise under the law s of the United S tates. Therefore, this Court has original jurisdiction founded on

a claim or right arising under the laws of the United States. 28 U.S.C . 5 1331.

c. The First and Third Causes of Action allege violations of Article I, Section 2 of

California's C onstitution and Trespass to Chattels, respectively. Both state law claims arise from a

common nucleus of operative fact and thus jurisdiction over both causes o f action is proper pursuant

to 28 U.S.C. 5 1441(c).

d. The F ourth Cause of Action in the Complaint is entitled "Intellectual Property" and

alleges Yahoo! "deleted" P lai nt iffs "intellectual property." Due to the lack of specificity in the

allegations of the Com plaint, the exact nature of this claim cannot be determined at this time.

How ever, federal jurisdiction is appropriate in any event under either 28 US .C. 5 1331 or, in the

event this am ounts to a state law cause of action, 28 U.S.C . 5 1441(c).

5. This notice is timely under 28 U.S.C. 5 1446(b) in that it is filed with this C ourt

within thirty days after receipt by Y ahoo! through service or otherwise of Pl ain tiff s Complaint.

6. True and correct copies of all pleadings, process and orders that have been served

upon Y ahoo! are attached hereto as Exhibits A. A copy of the state court's en tire file on this matter

is attached hereto as E xhibit B.

7. Pursuant to 28 U.S.C . 4 1446(d), promptly after the filing of this Notice of R emoval,

written notice will be given to all parties and a copy of this No tice of R emoval will be filed with the

Clerk of the California Superior Court, County of San Francisco.

Notice of Removal of Action Case No:




e e

8. Intradistrict Assignm ent: Pursuant to Local Rule 3-2(C), assignmen t of this action to

either the Santa Clara or San Francisco Division is appropriate as yahoo!'^ principle place of

business is located in Sunnyvale, California, County of Santa Clara, and pursuant to the cap tion of

the complaint, plaintiff is a resident of the City and C ounty of S an Francisco.

WH EREFO RE, Defendants request that this case proceed as an action properly removed

hereto.

Dated: September 6 , 2 0 1 1 Respectfully submitted,

OVSKY AND POPEO, P.C.

By: Michele FloydRobert S. Eaton

Attorneys for Defendant

5496992~.

Notice of Removal of Action Case No:3




EXHIBIT A




SLIM~~~ONS(CITACION JUDICIAL)

NOTICE TO DEFENDANT:

( A m 0 AL DEMANDADO):

Yahoo! Inc.

YOU ARE BEING SUED BY PLAINTIFF:

(LO ESTA DEMANDANDO EL DEMANDANTE):

Mark S.Buza

I

NOTICE1 You have been sued. The court may decide against you without your being heard unless you respond within30 days. Read the informationbelow.

You have30CALENDAR DAYS after this summonsand legal papers are served on you to file a wriiten response at this court and have a copyserved on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear yourcase. There ma y be a court fonn that you can use for your response. You can find these court forms and more information at the California Cour tOnline SeKHelp Center (w.cowl lnfo .ce.gov/sel lhe~) ,our county law library, or the courthouse nearest you. If you cannot pay the filing fee, askthe court clerk for a fee waived form. If you do not file your response on time, you may lose the case by default, and your wages, money, and propertymaybe taken without further warning from the court.

There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to-callan attorneyreferral service. If you cannot affordan atlorney, you may be eligible for free legal sewices from a nonproffl egalservices program. You can locatethese nonprofd groups at the California LegalServices Web site (w.lewhelpcelifomia.oq),he California Courts Online SeCHelp Center( w .c our t in~ ,c ~ .gov /s e l f he lp ) ,r by contacting your local court or county bar associaiion. NOTE: The court hasa stalutory llen for waived fees andcosts on any senlement or arbitratlon award of 510,000or more in a civil case. The court's lien mustbepaid before the court will dismiss the case.jAMSO! Lo hen demandecb. Si no responde dentrode 30dlas, la M e uede deddlr en su contra sin escudiar su versibn. Lea la infomacidn ewntinuacibo.

Tiem 30D~ASECALENDAR10 despu8s de quele entmguen esta citacidny papeles egales parapresentar una respuesta porescrito en estamitey hawf que se enbwgue una cope a1 demandante. Una c a d o una llamada bleh5nica no lo pmtegen. Su respueda por em it 0 tiene que edarenLbnneb legalwmto si desea que pnwasen su caso en la corte. Es posi'ble que haya un hu l s r i c que ustedpueda usarpara su respuesta.Poede encontrar estos formularies de a corte y mas inkumacih en el Cenlro de Ayuda de /as Codes de Celifomia &ww.suwrte.ca.gov), en abiblioka de eyesdesu condadoo en a code que k, quede m4sc e m . Sinopuede pager a cuofa depmsentecikr, pida a1secn9kO tieIs c o dque le d6 un formulado de exencibn de pago de cmtas. Sino presenta su respuesla a tiempo, puede peider el caso po i inwmplimientoy la carte kt

podre quitar su sueldo, dinem y bienessinm4s advertencia.Hay obvs requisites legales. Es recomendeble qua Ikme a un abogado inmediatamente. Si no c o r n a un ebogacb, puede Ikmar a un serviciode

remisidn a abogados. Sinopuede pagara unebogedo.espdsible que cumple con los mquisitos para obtener servicios legales gmtuitosde unpfttgramade dcios legales sin flnes de lum. Puede enwntrar esbs grupos sin fines de ocn,en elsitb web de Califomia Lagal Service$(wviw.tawhdpcalifomia.org),en elCenbP de Ayuda de as Cortes de California. (www.suwrte.ca.gov) o ponsndose encontaclr, con la corte o el

wlegb de abogados locales. AVISO: Par ey, la cotte fiene derecho a redamar 18s cuotasyhmstos exentasPIX imponar un gravamen sobmwalquhr recupereddnde i O , W O 6 s e valor mcibida mediante un acuerdo o urn concesidndearbitraje en un casode derechouvr%77ene quepager el grevamende la corte antes de que lacode puede desechar el caso.

Form Adopt& laf MeMatq UseJ d W a I C m . 1 d Cdilomh

SUM.rW [REV. JIJY I. MOB]

I

SUMMONS

'The name and address of the cwrt is:(Elnombrey direw'on de la wr te es): Sari Francisco Superior Court

CASE NUMBER

$00 McCallister S t" ~ ~ = ) ' . 7 - 5 1 2 3 0 7

San Francisco, Ca 94102The name, address, and telephone number of plaintiffs attorney, or plaintiffwithout an attorney, is:(Elnornbre, l a direccibny e lnumem de tel6fono del abogado del demandante, o d el demarldante que n o tiene abogado, esJ:

Mark S. Buza Pro Se 1060 Howard St. San Farncisco, Ca 94103

DATE: July 8th 20 1 1 Clerk, byCLERK OFTHE COURT fsecreta"o) 9 , Deputy(Fecha) (Adjunto)

(Forproof o f service of his summons, use Proof of Service of Summons (f om POS-OIO).)

(Para prueba de entrega de esta citatidn use el ormulario Pr mf o f Sewiceof Summons, (POS-010)).NOllCE TO THE PERSON SERVED: You are served1.0 s an indtvidual defendant.2.0 s the person sued under the fctitious name of (specify):

3.0 n nha Hof (specifyl:

under:0 CP 416.10 (corporation) 1 CP 416.60 (minor)

CCP 416.20 (defunct corporation) 0 CP 416 70 (consenratee)

0 CP 416.40 (association or partnership)a CP 416.90 (authorized person)

other (specify):

4.0 y personal delivery on (date):P I pe l Of l




WITHOUT AlTORNEY (Name,Sf r number,and&real:

1060 Howard St.I San Francisco, Ca 94103

TELEPHONE NO.: N/A FAX NO.:

A ~ ~ R N E YOR p-i: Pro SeSUPERIOR COURT OF CAUFORNI~COUNTY OF San Francisco

STREETADDRESS: 400 McAllister StreetMAILINGADDRESS:

c m m p cooc: SanFrancisco, CA 94102

BRAHCH ME: San Francisco Superior CourtCASENAME:

F -I& E ~jmF . c o ountvSumriorCou

- .AutoTort Conttact Provisionally Complex Clvll LWgation

0 uto (22) Breach of mntramarranty (06) (Gal. Rules of Court, rIJFS3.400-3.403)

0 ninsured motorist (46) Rule 3.740colledlons (09) 0 ntitrusVTrade regulalim (03)

Othw PVPDWD (Pemonal InjurylProperty 0 ther collections (09) 0 onstruction defect (10)

DamageMlrongful Death) Tort 0 nsurance coverage(18) 0 ass tort (40)

0 sbestos ( 04 ) 0 ther contract (37) 0 ecurities Migation (28)C] roduct liability (24) Real Property 0 nvimnmentaUToxic ort (30)

Medical malpradice 45) 0 minent domaln/lnvene Insurance coverage clains arising from the0 ther PllPDMlO (23) condemnation (14) above listed provisionally complex case

Nan-PVPDIWD (Other) Tort n rongful eviction (33) WP M (41)

0 usiness torVunfair business pradice (07) n ther real property (26) Enforcement of Judgment

0 ivil rights (08) Unlawful Detalner Enforcement of judgment (20)

a efamation (13) Commercial (31) Mfscellaneous Civil Complaint1 raud (16) Residential (32) n ICO (27)

lntelledual properly (19) 0 rugs (38)

Other complaint(not specif& above) (42)

Pmfessional negligence (25) Judi la l Review Miscellaneous Civil Petition

0 ther non-PIPDMID ort (35) Asset forfeiture (05) ( artnershi and corporete governance(21)Employment Petition re: arKMtlon award(1 ) petUion specme, (43)

Wngful termination(36) 0 lit of mandate (02)

Other employment (15) CI] Other judicial review (39)

2. This case Is LL] is not complex under rule 3.400 of the California Rules of Court. If the case is complex,mark the

CIVIL CASE COVER SHEET Complex Case Designation(JI Unlimited 0 imited

(Amount (Amount Counter 0 oinder

. .fadors requiring excep60nal judicial management:

a.0 arge number of separately represented parties d.) arge number of witnesses

b.0 e n s i v e motion practice raising difficult or novel e.( oordination with related actions pending in one or more courts

issues that will be time-consuming to resolve in other counties, states, or countries, or ina federal court

c.0 ubstantial amount of documentary evidence f.0 ubstantial postjudgment udicial supervision

demanded demanded isexceeds $25,000) $25,000 or less)

3. Remedies sought (checkall hat apply): a . l onetary b.0 onnmonetary; declaratory or injunctive relief c. punitive

4. Number of causes of action (speciw): Five Constitutional, Tresspass to Chattels, Intellectual Property, USC 27015. This case 0s is not a class action suit.6. If there are any known related cases, file and serve a notice of related case.

Date: Julm-2: Y5 &rc b

mPE OR PRINT HAME) (SIGNATURE OF P A R ~ R ~ R N N OR PARW

NOTICE

Items 1-6 belowmust becompleted (see instnrctions on page 2).

(1. Check one box below for the case type that best describes his case: 1

Filed with first appearance by defendant(Cal. Rules of Court, rule 3.402)

Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filedunder the Probate Code, Family Code, or Welfare and [nstnutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may resunin sanctions.File this cover sheet in addition to any cover sheet required by local court rule.If this case is complex under rule 3.400 et seq. of the Califomla Rules of Court, you must serve a copy of this cwer sheet on allother parties o the action or proceeding.Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will beused for statistical purposes onk.,

JUm

DEPT-

I- .- . .-omwedfa a y se CIVIL CASE COVER SHE ET C S ~?u!ssof co . ~~ .*u233 3.2243 40~4.403.3 44~ u d u landdCfdbrnm COL StamarchdM ~ Imatrmm.am 3.10

c ~ o i aRev. ~ u ) y .zm7] * * r . c ~ u n i ~ . ~ n . g o v




M a r k S. RuzaI060 Howard St.San Francisco, Ca 94103

Emai l : markb~za@~mai l . comPlaintiff Pro S e JUL - 8 2011 1

S U P ER I O R C O U R T FOR THE S T A T E OF CALIFORNTA

COUNTY OF SAN F R A N C I S C O

Mark S. Buza,

Plaintiff,

vs .Yahoo! nc.,

Defendant.

) GIN^: C G C - 1 1 - 5 1 2 3 0 71

1 CIVIL ACTION AGAINST YAHOO1 INC.

1

1 (1) CALIFORNIA CONSTITUTIONALARTICLE I1 (2) US. CONSlTTUnONAL AMENDMENT I1 (3) TRESSPASSTO CHATTELS

(4) INnLI-ECTUAL PKOPER'N

1 (5) 1auscg2701

1

Plaintiff Mark S.Bum appearing pro se files this original complaint against di e defendant Yahoo! Inc. for

various casuses o f action , and rh erefore alleges.

PART~/HISTORY

Th is action is brought by plaintiff M ark S.Buza w ho is a citizen of che Un ited States, and the State of

California. Mark S. Buza is also die founder, and leader of the National Psychoanalytic Socialist

Mo vane nt a poli t ica l group.

Against defendant Yahoo! Inc. which is a Am erican internet corporation. T h e company is perhaps best

kno wn for its web por tal, search engine, direaory , email service, advenising , video sharing, and social

Civil Action AgairucYahoo Inc.




websites such as the now dehnct geocities, and Yahoo groups service. Yahoo! Inc. is considered one of the

largest websites in the United States, The address of Yahoo! Inc. is 701 First Avenue Sunnyvale,CA

94089.

STATEMENTOF FACTS II. At the time, in the year of two-thousand and eight the main National PsychoanaIytic Socialist

Movement (NPSM) website, and a secondaryNPSM ite were located on Yahoo servers. 'The main

National Psychoanalytic SociaIisc Movement site was located on Yahoo groups a t the URL of

http://proups.vahoo.com/proup/NPSM/,. and the second National Psychoanalytic Socialist Movement

site was located on Yahoo geocities at the URL of h~://www.p.eocicies.com/freudian~ladiatorI966.

Th e main NPS M sice included relevant world news stories, and the persona1 writings of Mark S. Buza's for

the National Psychoandytic Socialist Movement. At the time o f this event both sites mentioned here were

the plaintiffs properties. For some unknown reason both sites were terminated by direct infringement by

being taken off Yahoo servers between the dates of October seventeenth of the year of two-thousand and

eight, and October wenty-fifth of the year of wo-chousand and eight. Th e majority (99%) of the

informarion contained on both sites is no longer in the possession nor known to still be in

existence.

2. Afcer finding the NPSM sites off Yahoo! Inc. servers, and no longer on Yahoo groups, nor geocities

Yahoo war immediately contac~edsee exhibit A-I). A investigative service was also immediarely

contacted. Th e main National Psychoanalytic Socialist Movement site wa s removed from Yahoo! Inc.

servers between 9 prn on October twenty-fourth of the year of two-thousand and eight, and I:30 pm on

October twenty-fikh of the year twethousand and eight. N o reason has been given by Yahoo! Inc. for

the NPSM removal (see exhibits A-2 and A-3). National Psychoanalytic Socialist Movement was founde

on May fouah of the year two-thousand and five, and subsequently established on Yahoo servers on

Yahoo groups that same day.

Civil Accion Against Yahoo Inc.

- 2 -




Inc. Wh ile using Yahoo! Inc's produ cts nlany o f the ernail addresses prior t o the removal of the NPSM

sites used by the plaintiff fo r the NationaI Psychoanalytic Socialist Mov ement were tetminated including

one a t the same time as the two NPSM sites were terminated, except for the latte r reasons given were that

the passwords being used went against Yahoo! Inc. policies.

FIRST C A U S E OFA C T I O N

V I O L A T I O N FO C A L IF O R N IA C O N S T I T U T I O N A R T I C L E I Sec. 2

4. PlaintifT redeg es, and incorporates by reference herein the allegation con tained in paragraphs 1-3.

5. Yahoo! Inc. is in violation of California Constitutional Article I Sec. 2 by proximate cause in deleting

the found er o f the National Psychoanalytic Socialist Move men t Mark S.Buza's main NPSM site locate d a

the URL of hm://proups.vahoo.com/proup/~PSM/,and secondary NP S M site located at the URL of

ht~://www.~eocities,com/freudian~ladiatorI966herefore limiting th e power of NPSM , and its founder

and leader Mark S.Burs by suppressing NPSM's essence fr om public view.

S E C O N D C A U SE OFA C T I O N

U.S. C O N s r m m O N A L A M E N D M E N T I

6. Plaintiff realleges, and incorporates by reference herein the allegation contained in paragraphs 1-3.

7. M a r k S. Buza claims that Yahoo! Inc, by its proxy's, and by proximate cause wrongLlly suppressed the

pl ai nt i6 and the N ational Psychoanalytic Socialist Movementin

violation o f the United Scates

Constitutional Am endment I by deleting the founder of the Nanonal Psychoanalytic Socialist Movement

Mark S. Buza's main NPSM site Iocated at the U R L of httv://proups.vahoo.com/prou~/~~SM/,nd

secondaryNPSM site locared at the U R L o f http://www.aeociries.com/freudian~ladiato1966 herefore

Civ i l Action Against Yahoo Inc.




0I I

@

3

4

5

6

7

8

9

10

11

12

1 3

14

1 5

16

1 7

1 8

19

20

21

2 2

23

24

25

2 6

27

28

l imi ting the power of NPSM , and ~ t sounder, and leader Mark S. Bwa by suppressing NPSM 's essence

fro m pu blic view.

THlRD CAUSEOFACTION

TRESSPAS TO CHAl'TELS

8. Plaintiff realleges, and incorp orates by reference herein the allegauon contain ed in paragraphs 1-3.

9. M a r k S. Buza claims tha t Yahoo! Inc. by its proxy's, an d by pro xim a~ e ause wrongf;Uy trespassed on

plaintiffs M ark S. Buza's personal property, and thereby interfered with the h nctio ning of NPSM by

deleting rhe founder, and leader of che National Psychoanalytic Socialist Movement sites located on

Yahoo! Inc . servers that were located at the URL's of http://qroups.vahoo.com/et~~p/NPSM/,nd

htt~://www.~eocities,com/freudianpladiatorI966.

FORTHCAUSE OFACTION

INTELLECTUALPROPERTY

10. Plainttff realleges, and incorporates by reference herein the allegation contained in ~ a r a g r a ~ h s-3.

I I. Yahoo! Inc. by ~ c s roxy's, and by proxunate cause deleted the found er of h e Nation al Psychoanalytic

Socialist Movem ent Mark S.Buza's main, and secondary sites which contamed intellectual propetty which

is no longer in the p[aintiffs possession in which the intellectual property mentioned in this co m pla ~n t as

previously located at the URL's of herp://prouws.vahoo.com/urou~/NPSM/, nd

h~://www.peocities.corn/freudianpladiatorI966.

Clvll Action AganstYahoo Inc.

- 4 -




mFTH CAUSE OF ACTION

UNLAWFUL ACCESS TO S T O R E D C O M M U N I C A T IO N S

12. Plainc~ ff ede ges , an d incorporates by reference herein the allegati.on contained in paragtaphs 1-3.

13. Yahoo! Inc . by its proxy's, and by proximate cause did not have a uthorizati.on to access the plaintiffs

stored com munications i.e. property; and thereby obtained, altered, and prevented the plainriffs Mark S.

Buza's authorized access to his electronic communications while the plaintiffs electronic information was

on Yahoo! lnc. servers in which all content mentioned was previously located at the URL's of

htt~://uroups.vahoo.com/eroup/NPSM/,and hctp://w~w.peocities.com/freudianeladiatorI966.

W her eup on limiting the power of NPSM , and its founder, and leader Mark S. Buza by suppressing

NPS M's essence from pu blic view, and erasing all copies of the plai ntiffs property.

14. Th e plaintiff has an interest in the following legal doc nine 42USC 1985(3) since the censorship o f

the Na tional Psychoanalytic Socialist Movement site from the Yaho o servers mo st U el y did not involve

only one individual w orking at Yahoo! Inc therefore at: this time be referenced a s "doe" defendants I- m.

The re an interest in pursuing a c on ta ct o f adhesion claim if Yahoo! Inc. states that any Nacional

PsychoanaIytic Socialist Move me nt sire material violated any Yahoo Inc's terms of service (See exhibit one,

and paragraph three). I would also like the court to keep in mind C alifornia civil code section 51.

Civil .kction Against Yahoo Inc

- 5 -




DAMAGES

The defendant(s) conductas

alleged above was the only factor in actually, an d proximately causing the

plaintiffs harm, and was malicious, oppressive, and in total disregard of the plaintiffs rights therefore

entitling plaintiff t o damages. WHEREFORE, the plaintiff respectfully requests this court to entitle

too:

Exemplary damages for the de fen dan qs) ya ho o! Inc.'s willfill acts o f malicious, oppressive, fraudulent

wanton, and grossly reckless conduct towards the plaintiff Mark S. Buza.

Actual damages for real damages incurred to compensate for the loss rhat has a c tu dy occurr ed

Statutory damages for intellectual property infringement by the defendant Yahoo! Inc.

Compensatory damages for rhe injury suffered as a result of th e un la w ll conduct of the defendant Yahoo!

Inc.

Inciden tal damages compensation for com mercially reasonable expenses incurred as a result o f the

defend ant Yahoo! Inc.'s breach.

Consequential damages as a consequence of the initid ac t by the defendant Yahoo! Inc.

Treble damages

Pr o Se legal fees

Alldamage% n the amo unt o f twenty-million dollars.

CIVII ction Against Yalloo lnc.

- 6 -




J

"I declare under pend ty ofperjury chat the foregoing is true and correct"

Dated chis 8t h day of July ,2011

San Francisco, Ca

777~~Mark S.Buza Plaintiff, Pro Se Advocate

C I V I ~ctjon Agalnsr Yahoo Inc.

- 7 -




EXHIBITS

Exhibit A-1

On Sat, 10/25/08, Yahoo! Customer Care [email protected], wrote:

From: Yaho:,! Customer Care <mail-no-replylcc.yahoo-inc.com>

Subject: Transcript of your chat

To: "Mark Buza" <buzamark@yahoo. orn>

Date: Saturday, October 25, 2008, 1:56 PM

General Info

Chat start time Oct 25, 2 008 4:40:11 PM EST

Chat end time Oct 25, 2008 4:54:24 PM ZST

Duration (actual chatting time) 00:14:12

Operator Sean

Chat Transcript

info: Please wait for a Yahoo! agent to respond.

info: You are now chatting with Sean

Mark Buza: http://groups.yahoo.com/group/NPSM/

Sean: Hi! Welcome to our Yahoo! Mail Live Chat service. I'm glad you've joined us.

Sean: Thank you for providing us the details of your issue.

Mark Buza: ok

Sean: As I understand, the Psychoanalytic Socialist Movement Yahoo! Group has been

removed and you want it restored. Am I right?

Mark Buza: yes the sooner the better

EXHIBITS

- A- 1 -




w i l l t r y my b e s t t o h e l p y ou .

Mark Buza: I w ou ld l i k e t o know t h e r e a so n t h i s i s t h e s e co n d g ro u p t h a t h a s been

deleted by Yahoo

S ea n: To be a b l e t o he l p you , I w i l l ne e d t o r e d i r e c t you t o ou r Y ahoo! G r oups t ea m

! s i n c e t h ey h av e t h e r i g h t t o o l s t o h e l p you w i t h y ou r i s s u e .

Sean: Le t me provide you th e l i n k where you can con tac t them di re c t ly .

Sean: P le ase c l i c k here t o conta c t ou r Yahoo! Groups team.

Mark a uz a : ok bu t t he y d id n t do a ny th ing t h e l a s t t ime

Sean: I u n d er s ta n d . B ut , t h e y a r e t h e r i g h t de p a rt m e nt t o a s s i s t you w i t h yo ur i s s u e .

Mark Buza: I: a l r e a dy s e n t t he m a e ma i l t oda y

Sean: This avenue of su ppo r t i s f o r Yahoo! Ma i l i s su e s a nd i nq u i r i e s on ly .

Mark Buza: ch at would be be t t e r

Sean: That i s o u t o f o u r e x p e r t i s e .

Mark Buza: i s there a phone number

I Sean: Un for tun a te ly , you can cn ly reach them throug h the ] .ink t h a t I have provided

Mark Buza: ok

Sean: I n th e meantime, i s t h e r e a n y t h in g e l s e I c a n he lp you w i th r e g a r d ing your

I Yahoo! Mail account?

11 Mark Bura: oh i f o r g o t t h e y d e l e t e d my e m a il a c co u n t

Mark Buza: [email protected]

S ea n: P l e a se g ive me tw o t o t h r e e minu t es t o c hec k on t h a t a nd se e what I c a n do t o

he lp you .

Mark Buza: ok

Mark Buza: t h a t was today a ls o

Sean: I ' m s o r r y f o r t h e d e l a y. I ' l l be wi th you a s soon a s I c a n .

EXH IB I T S

- A -1 -




I I Sean: Are you receiving any error message when you tried to access that account?I Mark Buza: no error message

Sean: Thank you for the confirmation.

Mark Buza: ok

Sean: Since you are unable to login to that account, I will need you to contact our

Abuse team since they have the right tools to assist you further with your issue.

Sean: Let me provide you the link where you can contact them.

Kark Buza: ok

Sean: Please click here to contact our Abuse team.

I IMark Buza: okSean: I would suggest that you contact our Yahoo! Groups and Abuse team so that they

can help you resolve your issue as soon as possible.

Sean: Would there be anything else I may assist you with?

Mark Buza: right now

I IMark Buza: that. should do itI Sean: If you won't mind, it would be much appreciated if you can complete a short

survey to give us your comments/srggestion on how we did today.

Sean: All you need to do is click on the word "Close" at the top right of the chat

window.

Sean: Thank you for using Yahoo! Mail. If you have any other questions, please feel

free to come back and chat with us at any time.

Sean: Thanks so much for visiting. Please be j.n touch any time. We're always here!

Sean: Take care.

Sean: Goodbye.

EXHIBITS

- A-1 -




I TRAt49~iISSIDNVER I F I C 4 T I D i REPORT I1

2

3

EXnlarS IM E : 10/2112818 1 4 :

NAME : SWORDS

FAX : 4152524790TEL : 4152524788SER. ff : C83632783

Ex h i b i t A -2

IDATE, T IMEFAX NO. /NME

WRAT IWPAGE(S)R E W TMODE

1060: MowacdStreet

San Fmncisco, CA '94103

Tel: (415) 2524788 ,

Fax: (415)E2-4790

Re:

. .

CC: I




Yahoo! Inc.

2 a L S i i ~ 6 t % nueSunnyvale, CA 94089

3 el: (408) 349-3300

4 Fax: (408) 349-3301I EXHIBITS

5 I l ~ r e e t i n ~ sahoo!: I

.larrar v. Hurris et al. On Aug. 12,2 006 , Transportation Security Adm inistration olficials andJetBlue Airways personnel prevented Raed Jarrar from boarding a flight at John F. Kennedy

Airport until he agreed to cover hjs T-shirt, which read " W e Will Not Be Silent" in Englisli and

Arabic. Jarrar that day was w aiting to board a JetBlue flight from the east coast to his home in

Oakland, Calif., when he w as suddenly approached by two TSA officials. One of the officials

told Jarrar that he needed to remov e his shirt because other passen gers w ere not comfortable wit

th e Arabic script, telling him that wearing a shirt with Arabic writing on it to an airporl was like

"wearing a T-shirt at a ban k stating, 'I am a robber." On Aug. 9, 2007, the American CivilEXHIBITS

This is a letter concerning that your company Yahoo! inc. is in violation of the civil rights of

7Mark B uza and his medium the po litical jyoup the National Psycho analytic SocialistMovem ent. This matter encompasses violations in which your com pan y Yahoo! inc. participate

B in by deleting two NPS M sites from your servers at Yahoo! One NPS M site

10

11

l2

13

14

l5

,,

1 7

l8

,9

20

21

22

23

http://www.~eocities.com/frcudian~ladiatorl966& termina ted near the d ate of 1011 7/08 and

the main NPSM site http://~roups.yahoo.com/~roupMPSM/as deleted on 10/25/2008. Thisaction violates Mark Buza's well-established rights of free speech, equa l protection, and freedonof discrimination under the United States and California Constitutions. [ I ]

Some of the same issues have previously has been addressed by the courts o f the Un ited States,

which the courts have decided that a ban on protest of speech violates First Am endment rights.See Tinker v. DesMoines Independent Co mmu nity School District, 393 U.S. 503 (1969) In that

case, the U.S. Supreme Co urt ruled 7-2 against the school and in favor of the students wearing

armbands seeing that their actions andlor speech did not interfere with school w ork or the rights

of others in the schools classrooms. A prohibition against expression of opiniori, without any'evidence that the rule is necessary to avo id substantial interference with school discipline or the

rjghts of others, is not permissible und er the First and Fourteenth Am endm ents of the UnitedStates

Constitution. Pp. 507-5 14.

See also Texas v. Johnson, 491 U .S. 397 (1989), Johnso n participated in a political protest

outside the 1984 Republican National Convention in DaIlas, Texas. At the end of the protest

Johnso n poured kerosene on an American flag and set it on fue. Se veral witnesses notparticipating in the protest were offended at Johnson's actions. At the tim e Texas had a statute

which made it a crime to desecrate a state or national flag. Johnson was charged and conv ictedunder this Texas state law. After the finding he appealed, arguing that the law was aunconstitutional infringement on his First Amend ment rights. Th e U.S. S upreme C ourt ruled in

favor of Johnson in this case. The Court in a 5-4 ruling said that the Te xas law did violate the

First Amendment as applied to Johnson's act since it determined that the prosecution of Johnsonwas directly related to expressio n.




Liberties Union and the New Y ork Civil -on filed a civil rights lawsuit on Jarrar's&&&iaae .S. District Court for the Eastern District of New Y ork. Th e com plaint chargedthat TSA and JetBlue officials violated Jarrar's c ivil rights under the F irst and Fifth

and federal, state and c ity anti-discrimination laws. -TSA and JetBlue agreed into give a monetary reward to Jarrar to settle the lawsuit out of court.

5

6

7

s

9

This letter is not intende d to set forth all of the fact s relating to this matter or all of the rights or

remedies available to Mark B uza under the present circumstances, or the bases thereof, all ofwhich are expressly reserved.

I am requesting Yahoo! inc. only to reconsider, renounc e it's wrongdo ingwill be defined by Mark Buza payable to Mark Buza for numerous civil

and other legal violations. This application of settlement applying to

guidelines that Yahoo's! course changed after being inform ed thatI urge you to take this step above and resolve this matterlarger business financial liability, given the well-established nature of the law

governing individual rights in these circumstances. See 28u.1983.

10

11

l2

13

Because legal action is approaching rapidly, please respond to this letter as soon as possibleindicating that Yahoo! inc. will change it's course and do what is right in this matter correctingthe wrong that was put upon Mark Buza and his political group. If I do not h ear from you soorwill have to assume that you are standing by you r previous position and ac tions, notwithstandiour having called your attention to the law set forth in this letter, and we w ill proceedaccordingly.

Mark Buza1060 Howard st.

S ~ I Irancisco, Ca 94 10 3

16

1 7

Email address: markbuza@ gmail.com

Thank you for your attention to this matter. All correspondence should be mailed or emailed 1

the following addresses.

1 With anticipation; I

1 US. onsL .m en d. I (protecting "freedomo f speech' as well as exprcsvive associariun);U.S. onst., amend. XI V (guaruntecing rilJI11s i'rqunl

protection of the Isws.' "\iberty' and inlirnalc association); CALIFORNJA CONSTITUTION ARTICLB 1 DECLAICA-TIONOF ItIGH'IS states

SECTION I. All pw pl e arc by nature free and independent and have inalienable r i~ ll b .Among thcsc ar e cnjoying 'and derending lire nnd l ibmy,

ucquiring. p ossw sin g und protectingproperty,and pursuing and obtainingsaw,hsppimss, and privucy. SSC. 2. (a) B ve y person may rrwly spcuk.

wi tc and publish his or herscntiments on all subjecrs,being rcsponsible for the abuse of rhis righl A law may not ratruin or ubri dp libcn y of

p r w . SEC. 3. (a) The people have the riglit lo instruct h i r represcntatives. petition govcmmcnt for r e d m o f yrievanccs, a id ussemblr: freely

EXHIBITS I




ibit A-5

I IEXHIBITS TIIYE : 1 2 / 2 9 / 2 0 0 9 16:

NAME : SWORDS-~FAX . 61 5753,

1060.Howard Street

San Fra.wisco,CA 94103,

I T I : (415) 252-4788

Fax: (915) 252-4790

4

5I6

7

I .

' / t , L - G ( i . ,,I[ , q # + d , : & ' $ b l F a : f q b g )

Re: pages: 3

CC:

8

1i

. ..--- - - . -EXHIBITS

;

!

DAT E, TIIv1E 12/29 1 6 : 4 9FA X NU. .i't4&fv1E 1 4 8 8 3 4 9 3 3 0 1DURAT1OI.I 08: 08: 49PAGE ( 5 ) ' 04E S L L TFlUDE

CKSTAPIDAPZECbl




Yahoo! Inc.

701 First Avenueh l b l tiSunnyvZP CA 94089

Tel: (408) 349-3300

Fax: (408) 349-3301

Greetings Yahoo!:

Mark S. BUZ~Ihe owner of the National Psy choanalytic Socialist Movement has previously

requested for your co mpa ny Yahoo! Inc. to reconsider, renounce its wrong doin g, reinstate

both N ationa l Psychoanalytic Socialist Mo vem en t sites, and pay a fine after being informed

tha t your companies conduct is in violation of the law, and the Unite d States Co nstitutio n

for Yahoo's deletion of two NP SM sites. O n e N PS M site

l~~tp://www.~eocities.com/freu~iian~laciiatosr~~&as terminated near the date of 10/r7/08,

and the main NPSM site hl~ ~ : / / ~ ~ C ~ ~ ~ S . ~ R ~ O O . C - ~ I ~ / ~ ~ O U ~ / N ~ 'as deleted o n

10/25/2008 fro m the Yahoo! servers. .

With At . 'pation;

Accordingly since there has not beena response by Yahoo! from the prior demand letter sen.

bn t2/2g/zoog via fax to (408) 349-3301. I shall start the final process of drafting an action

against Yahoo! for the purpose of imposing th roug h legal means w hat will be ust in this

circumstance. The se two political sites were not for children to tamper w ith, and seeing that

Yahoo! is a large company well defined in the internet industry o ne could a ssume tha t a

company of this magnitude would not do sometKing so blatant, and irresponsible upon th e

United States Constitution, and to a figure of stqture such as the own er, founder a nd soon tc

be plaintiff in this matter against Yahoo!. Yahoo! has sho wn throug h its actions against the

National Psychoanalytic Socialist Moveme nt, and its founder, and leader M ark S. Buza of

tampering, and erasing th e history of a entity of NPSM's large magnitude is no more than

censorship, and Look burnin g and thus you r comp any Y ahoo! should pay a very s teep price

for it's illegal intrusio n on to history.

Mark S . Buza.

EXHIBITS




EXH IBIT B




(Cl TACION JUDICIAL)

NOTICE TO DEFENDANT:(A VISO AL DEMA NDA DO):

Yahoo! Inc.

YOU ARE BEING SUED BY PLAINTIFF:

(LO ESTA DEMANDANDO EL DEMANDANTE):

Mark S. Buza

FOR COURTUSEONLY(SOLOPARA US0DE LA CORE )

INOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the informationbelow.

You have 30CALENDAR DAYS afler this summons and legal papers are served on you to file a written response at this court and have a copyserved on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear yourcase. There may be a court form that you can use for your response. You can find these court forms and more information at the California CourtsOnline Self-Help Center (www.courtinfo.ca.gov/seHhelp). our county law library, or the courthouse nearest you. If you cannot pay the filing fee, askthe court clerk for a fee waiver form. If you do not fi le your response on time, you may lose the case by default, and your wages, money, and propertymay be taken without further warning from the court.

There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorneyreferral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate

these nonproffl groups at the California Legal Services Web site (www.lawhelpcalifornia.org), he California Courts Online Self-Help Center(www.murtinfo.ca.gov/selfhelp),r by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees andcosts on any settlement or arbitration award of $10,000 r more in a civil case. The court's lien must be paid before the court will dismiss the case.jAVlSOl Lo han demandado. Si no responde dentro de 30 dlas, la corte puede decidir en su contra sin escuchar su versi6n. Lea la informacibn acontinuacibn.

Tiene 30 D/AS DE CALENDAR10 despubs de que le entreguen esta citacidny papeles legales para presentar una respuesta por escrito en estacorte y hacer que se enhgue una copia a1demandante. Una carta o una llamada telefbnica no lo protegen. Su respuesta por escrito tiene que estaren formato legal conecto si desea que procesen su caso en la corte. Es posible que haya un formulario que ustedpueda usar para so respuesta.Puede encontrar estos formulanos de la code y m8s infonnaci6n en el Centro de Ayuda de /as Cortes de California W.sucor te.ca.gov) , en labiblioteca de leyes de su condado o en la corte que le quede mas cerca. Si no puede pagar la cuota de presentaci6n, pida a1secretario de la codeque le d6 on forrnulario de exenci6n de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimienfu y la wrte lepodd quitar su sueldo, dinero y bienes sin mas advertencia.

Hay otros requisifus legales. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio deremisibn a abogados. Si no puede pagar a un abogado, es posible que cumpla con 10s requisitos para obtener se ~ c i o segales gratuitos de onprograma de servicios egales sin fines de lucro. Puede encontrar estos gnrpos sin fines de lucro en el sitio web de California Legal Services,&nw.lawhelpcalifomia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov)o ponidndose en contact0 con la corte o elcolegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar /as cuotas y 10s costos exentos por imponer un gravamen sobrecualquierrecuperacidn de $10,000 6 mas de valorrecibida mediante on acuerdo o una concesi6n de arbitraje en un caso de derecho civil. Tiene quepagar el gravamen de la code antes de que la corte pueda desechar el caso.

3. 0 n behalf of (specify):

The name and address of the court is:(Elnombre y direction de la corte es): San Francisco Superior Court

under:0 CP 416.10 (corporation) ) CP 416.60 (minor)

0 CP 416 .20 (defunct corporation) 0 CP 416.70 (conservatee)

( CP 416 .40 (association or partnership)( CP 416.90 (authorized person)

(ooter (specify):

4.( y personal delivery on (date):Page 1of 1

CASE NUMBER:

f t x ' d ~ g J 1 l- 5 1 2 3 0 7

Form Adopted for Mardatwy Use

Judicial Co unul of CaliforniaSUM-1W [Rev. July 1 , 20091

$00 McCallister St

San Francisco, Ca 94 102The nam e, address, and telephone number of plain tiffs attorney, or plaintiff without an attorney, is:(Elnombre, la direccibn y e l ndmero de telefono del abogado de l demandante, o del dem andante que no tiene abogado, es):

Mark S. Buza Pro Se 1060 Howard St. San Farncisco, Ca 94103

DATE:Fecha) July 8th 201 1CLERK OF THE COURT

Clerk, by 9 , Deputy(Adjunto)

(Forproof of senlice of this summons, use Proof of Service of Summons (foml POS-010).)(Para prueba de entrega de esta citation use el formulano Proof of Service of Sum mons, (POS-010)).

NO'I'ICE TO TH E PERS ON SERVE D: You are served

1.0 s an individual defendant.2.1 s the person sued under the fictitious nam e of (specify):

I M A G E D

SUMMONS Code of Civil Procedure55 412.20. 465wwwmurtinfo.cagov




e-mail, and State Bar number):Fill in court name and street address:

Superior C ourt of California, Coun ty of

Order on Court Fee W aiver Clerk stamps dale hem when form S frled

(Superior Court)

@ Person who asked the co to waive court fees:

m a 5. ZvrGame:

Street or mailing address: / D CO hlodwd .54.

c i t y : S r . ~ Grdc SCO State: Cc. zip:@ Lawyer, if person in@ has one (name, address, phone number,

on (date):I 1

Fill in case numberand case name:

~ e a dhfsfo'rh arefully. A A checked bbx es a ar e court orders.' p @ e ~ ~ ~ 7- 5 1 2 3 0 7

CaseName:

JUL - 8 2011

CLERK OF THE COUBY: n F W OYAMA

@ A request to waive court fees was filedon (date):

The court made a previous fee waiver order in this case

. - --

Notice:.ne cdurt may order you to answer questions about your finances and later order you to pay back the waivedfees.! 1f ~ i s ,b a ip c n s nd you do not pay, the court can make you pay the fees and also charge you collection fees. If there

is a chonge,in +our financial circumstances during this case that increases yo ur ability to pay fees and costs, you must ,notify the trial court within five-days; Use form FW-010;) Ifyo u win your case, the trial court may orde r the other sideto pay the fees. If you settle your civil case for $10,000 or more, the trial court will have lien on the settlement in theamount of the waived fees. The trial court may not dism iss the case until the lien is paid.

SUPERIOfl COURT

400 MCALLISTER STREET RM 109SAN FRANCISCO, CA 84102

4 After reviewing your (check one): to Waive Court Fees Request to Waive Additional Court Fees

O he cgurt makes the following orders:

Th ourt grants your request, as follows:

(1) Fee W aiver. The court grants your request and waives your court fees and costs listed below. (Cal. Rules of."'zCourt, rule 3.55.) You do not have to pay the court fees for the following:

Filing papers in Superior Court Giving notice and certificatesMaking copies and certifying copies Sending papers to another court department

sheri ff's fee to give notice Court-appointed interp reter in small claims courtReporter's daily fee for up to 60 days ollowing the ee waiver order at the court-approved daily rate)

Preparing and certifying the clerk's transcript on appeal Court fees for phone hearings

(2) Additional Fee Waiver. The co urt gran ts your request and w aives your additional superior court fees andcosts that are checked below. (Cal. Rules of Court, rule 3.56.) You do not have to pay for the checked items.

[7 Jury fees and expenses Fees for a peace officer to testify in court

Fees for court-appointed expe rts Court-appointed interpreter fees for a witness

Reporter's daily fees (beyond the 60-day periodfollowing thefee waiver order)

Other (specifL):

(3 )0 Fee W aiver for Appeal. The co urt grants your request and waives the fees and costs checked below, for your

appeal. (Cal. Rules of Court, rules 3.55, 3.56, 8.26, and 8.818.) You do not have to pay for the checked items.

[7 Preparing and certifying clerk's transcript for appeal

[7 Other (specifL): .

Judtasl Counal of Csl~forma,MW wurtmlo ca govRensed July 1. 2009. Mandatorv Form Order on Court Fee Waiver ( ~ u ~ e r i o r * C o ~ ~FPIao3vpage or

- - - - - - - - - . -GovemmeniCode.S 68634(e). - - - . .- - .California Rules of Court, rule 3.52




ATTORNEY OR PARTY WlTHOUT AlTORNEY (Name,CM-010

r number, anda d d ~ s s )Mark S. Buza

FORCOURTUSEONLY

1060 Howard St.San Francisco,Ca 94103

TELEPHONE NO.: N/A FAX NO.:

A T T O RN~ Y OR (Name): Pro SeSUPERIOR COURT OF CALIFORNIA, COUNTY OF San F rancisco JUL - 8 2011

STREETADDRESS: 400 M cAllister StreetMAILINGADDRESS:

CITY AND ZIP CODE: San Francisco, CA 94102 BY:

BRANCHNAME: San F rancisco Superior Court-

3. Remedies sought (check all that apply): a . m monetary b. nonmonetary; declaratory or injunctive relief c. [punitive

4. Number of causes of action (specify): Five Constitutional, Tresspass to Chattels, Intellectual Property, USC 27015. This caseIs is not a class action suit.

6. If here are any known related cases, file and serve a notice of related case.

(PIPE OR PRINT NAME)-

(SIGNATUREOF P A R m R AlTORNEY FOR PARTY)

NOTICE

rrur:ll-512307

JUDGE:

DEPT:

CASE NAME:

Civil Action Against Yahoo! Inc.

Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filedI under the Probate Code. Family Code. or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result I

CIVIL CASE CO VER SHEET

Unlimited ) imited(Amount (Amountdemanded demanded isexceeds $25,000) $25,000 or less)

in sanctions.File this cover sheet in addition to any cover sheet required by local court rule.If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all

Complex Case DesignationIounter Ioinder

Filed with first appearance by defendant(Cal. Rules of Court, rule 3.402)

Items 1-6 below must be completed (see instructions onpage 2).

1. Check one box below for the case type that best d e s c r i b e s 5 -

Auto Tort Contact Provisionally Complex Civil Litigation L0 uto (22) 0 reach of contracVwarranty (06) (01- Rules of Cou% rules 3-4ob3-403) r) ninsured motorist (46) 0 ule 3.740 collections (09) Intitrustrrrade regulation (03) AOther PllPDMTD (Personal InjurylProperty n ther collections (09) [ onstruction defect (10) -b

other parties to the action or proceeding.I Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for.statistical purposes only. . I

DamageMTrongful Death) Tort 0 nsurance coverage (18) 0 ass tort (40)0 sbestos (04) 0 ther contract (37) 0 ecurities litigation (28) 52

0 roduct liability (24) Real Property InvironmentalKoxic tort (30) AMedical malpractice (45) 0 minent domainllnverse Insurance coverage claims arising from theOther PllPDMID (23) condemnation (14) above listed provisionally complex case

Non-PUPDWD (Other) Tort Irongful eviction (33) tYPes (41

0 usiness tortlunfair business practice (07) 0 ther real property (26) Enforcement of Judgment

0 ivil rights (08) Unlawful Detainer Inforcement of judgment (20)1 efamation (13) Commercial (31) Miscellaneous Civil Complaint

'0 raud (16) Residential (32) RICO (27)

( ntellectual property (19) Drugs (38) [ ther complaint (not specified above) (42)

Professional negligence (25) Judicial Review Miscellaneous Civi l Petition0 ther non-PIIPDMID tort (35) 0 sset forfeiture (05) Iartnership and corporate governance (21)Employment 0 etition re: arbitration award (11) Otherpetniinnot specfiedabwe! (43)( rongful termination (36) [ rit of mandate (02)

( ther employment (15)

I page 1 ot 21

F m dopted for MandatoryUse ClVlL CASE COVER SHEETCal. Rules of Court. rules2 30.3.220. 3.40&3.403. 3~740;

JudicialCouncilof California C a l Standards of Judicial Adrnmistration. std. 3 10

CMOlO [Rev. Jub1.2W71 wwwnwrt;n~b.cagov

r

2. This case is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark thefactors requiring exceptional judicial management:

a.0 arge number of separately represented parties d.0 arge number of witnesses

b.0 xtensive motion practice raising difficult or novel 6.0 oordination with related actions pending in one or more courts

issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court

c.0 ubstantial amount of documentary evidence f.( ubstantial postjudgment judicial supervision




,MarkS. Buza

I060 Howard St.

San Francisco, Ca 94103Email: markbuza@,mail.com

Plaintiff Pro Se - -

SUMMONS ISSU DF I L E D

San Francisco County Supe r CourtC

BY:

SUPERIOR COUR T FOR T H E STA TE OF CALIFORNIA

C O U i F SAN FRANCISCO

Mark S. Buza,

Plaintiff,

CascNa.: C G C - I I - 5 2 3 0 7 .)

) CIVIL ACTION AGAINST YAHOO! INC.

)

VS . ) ( I ) CALIFORNIA CONSTITUTIONAL ARTICLE I

) (2) US. CO NS nr Un ON AL AMENDMENT I

Yahoo! Inc., ) (3) TRESSPASS TO CH AT EL S

) (4) INTELLECTUAL PROPERTY

Defendant ) (5) I8 USC 5 2701)

Plaintiff Mark S. Buza appearing pro se files this original complaint against the defendant Yahoo! Inc. for

various casuses of action, and therefore alleges.

PARTIES/HISTORY

This action is brought by plaintiff Mark S.Buza who is a citizen of the United States, and the State of

California. Mark S. Buza is also the founder, and leader of the National Psychoanalytic Socialist

Movement a political group.

Against defendant Yahoo! Inc. which is a American internet corporation. The company is perhaps best

known for its web portal, search engine, directory, email service, advertising, video sharing, and social medi

Civil Action Against Yahoo Inc.

- 1 -




websites such as the now deh nc t geocities, and Yahoo groups service. Yahoo! Inc. is considered one of the

largest websites in the United States. The address of Yahoo! Inc. is 701 First Avenue Sunnyvale,CA

94-089.

STATEMENT OF FACTS

I. At the time, in the year of two-thousand and eight the main National Psychoana lpc Socialist

Movement (NPSM) website, and a secondary NP SM site were located on Yahoo servers. The main

National Psychoanalytic Socialist Movement site was located on Yahoo groups at the URL of

http://~rou~s.vahoo.com/~roup/NPSM/,nd the second National Psychoanalytic Socialist Movement

site was located on Yahoo geocities at the URL of htt~://www.~eocities.com/freudian~ladiatorI966.

The main NPSM site included relevant world news stories, and the personal writings of Mark S. Buza's fol

h e National Psychoanalpc Socialist Movement. At the time of this event both sites mentioned here were

h e plaintif fs properties. For some unknown reason both sites were terminated by direct infringement by

being taken off Yahoo servers between the dates of October seventeenth of the year of two-thousand and

:ight, and October twenty-fifth of the year of two-thousand and eight. The majority (99%) of the

information contained on both sites is no longer in the plaintiffs possession nor known to still be in

:xistence.

2. After &ding the NPSM sites off Yahoo! Inc. servers, and no longer on Yahoo groups, nor geocities

Yahoo was immediately contacted (see exhibit A-I). A investigative service was also immediately

rontacted. The main National Psychoanalytic Socialist Movement site was removed from Yahoo! Inc.

servers between 9 pm on October twenty-fourth of the year of two-thousand and eight, and I:30 pm on

3ctober twenty-fifth of the year two-thousand and eight. N o reason has been given by Yahoo! Inc. for

h e NPSM removal (see exhibits A-2 and A-3). National Psychoanalytic Socialist Movement was founded

3n May fourth of the year two-thousand and five, and subsequently established on Yahoo servers on

Yahoo groups that same day.

Civil Action Against Yahoo lnc.

- 2 -




.3 . There is some evidence to the mental h e w o r k , and contractual policies of the employees at Yahoo!

Inc. While using Yahoo! Inc's products many of the email addresses prior to the removal of the NPSM

sites used by the plaintiff for the National Psychoanalytic Socialist Movement were terminated including

one at the same time as the two NPS M sites were terminated, except for the latter reasons given were that

the passwords being used went against Yahoo! Inc. policies.

FIRST CAUSE OF ACTION

VIOLATION FO CALIFORNIA CONS TITU TION ARTICLE I Sec. 2


5. Yahoo! Inc. is in violation of California Constitutional Article I Sec. 2 by proximate cause in deleting

the founder of the National Psychoanalytic Socialist Movement Mark S. Buza's main NP SM site located a

the UR L of http://proups.yahoo.com/proup/NPSM/, and secondary NPS M site located at the U RL of

ht~://www.eeocities.com/fieudian~ladiatorI966herefore limiting the power of NPSM, and its founder

and leader Mark S. Buza by suppressing NPSM's essence from public view.

SECOND CAUSE OF ACTION

U.S. C ONSTIT UTIONA L AMEN DMEN T I


7. Mark S. Buza claims that Yahoo! Inc. by its proxy's, and by proximate cause wrongf;lly suppressed the

plaintiff, and the National Psychoanalytic Socialist Movement in violation of the United States

Constitutional Amendment I by deleting the founder of the National Psychoanalytic Socialist Movement

Mark S. Buza's main NPSM site located at the URL of http://proups.yahoo.com/proup/NPSM/, and

secondary NPS M site located at the URL of http://www.eeocities.com/freudianpladiatorI966 therefore

C~v i lAction Against Yahoo Inc.




,limiting the power of NPSM, and its founder, and leader Mark S.Buza by suppressing NPSM's essence

from public view.

THIRD CAUSE OF ACTION

TRESSPASS TO CHATTELS

8. Plaintiff realleges, and incorporates by reference herein the allegation contained in paragraphs1-3.

9. Mark S. Buza claims that Yahoo! Inc. by its proxy's, and by proximate cause wrongfully trespassed on

plaintiffs Mark S. Buza's personal property, and thereby interfered with the functioning ofNPSM by

deleting the founder, and leader of the National Psychoanalytic Socialist Movement sites located on

Yahoo! Inc. servers that were located at the URL's ofhttp://groups.yahoo.com/_erouP/NPSM/, nd

http://www.geocities.com/fieudian~ladiatorI 66.

FORTH CAUSE OF ACTION

INTELLECTUAL PROP ERTY

10. Plaintiff realleges, and incorporates by reference herein the allegation contained in paragraphs 1-3. 1I I. Yahoo! Inc. by its proxy's, and by proximate cause deleted the founder of the National Psychoanalytic

Socialist Movement Mark S. Buza's main, and secondary sites which contained intellectual property which Iis no longer in the plaintiffs possession in which the intellectual property mentioned in this complaint was

previously located at the URL's of ht~://~roups.vahoo.com/erouv/NPSM/,nd

http://www.~eocities.com/fieudianpladiatorI966.


- 4 -




FIFTH CAUSE OF ACTION

UNL AW FUL ACCESS TO STO RED COMMUNICATIONS


13. Yahoo! Inc. by its proxy's, and by proximate cause did not have authorization to access the plaintiffs

stored communications i.e. property; and thereby obtained, altered, and prevented the plaintiffs Mark S.

Buza's authorized access to his electronic communications while the plain tiffs electronic information was

on Yahoo! Inc. servers in which all content mentioned was previously located at the URL's of

http://eroups.vahoo.com/~roup/NPSM/, and http://www.eeocities.com/freudian~ladiatorI966.

Whereupon limiting the power of NPSM, and its founder, and leader Mark S. Buza by suppressing

NPSM's essence from public view, and erasing all copies of the plain tiffs property.

14. Th e plaintiff has an interest in the following legal doctrine 42 USC I985(3) since the censorship of

the National Psychoanalpic Socialist Movement site from the Yahoo servers most likely did not involve

only one individual working at Yahoo! Inc therefore at this time be referenced as "doe" defendants I- m.

There an interest in pursuing a contract of adhesion claim if Yahoo! Inc. states that any National

Psychoanalytic Socialist Movement site material violated any Yahoo Inc's terms of service (See exhibit one,

and paragraph three). I would also like the court to keep in mind California civil code section 51.


- 5 -




DAMAGES

The defendant(s) conduct as alleged above was the only factor in actually, and proximately causing the

plaintiffs harm, and was malicious, oppressive, and in total disregard of the plaintiffs rights therefore

entitling plaintiff to damages. WHEREFORE, the plaintiff respectfully requests this court to entitle

plaintiff too:

Exemplary damages for the defendant(s) Yahoo! Inc.'s willful acts of malicious, oppressive, fraudulen

wanton, and grossly reckless conduct towards the plaintiff Mark S. Buza.

Actual damages for real damages incurred to compensate for the loss that has actually occurred.

Statutory damages for intellectual property infringement by the defendant Yahoo! Inc.

Zompensatory damages for the injury suffered as a result o f the unlawful conduct of the defendant Yahoo

[nc.

[ncidental damages compensation for commercially reasonable expenses incurred as a result o f the

defendant Yahoo! Inc.'s breach.

Zonsequential damages as a consequence of the initial act by the defendant Yahoo! Inc.

Treble damages

Pro Se legal fees

A ll damages in the amount of twenty-million dollars.


- 6 -




"I declare under penalty o f perjury that the foregoing is true and correct"

Dated this 8th day o f Tulv ,201I

San Francisco, Ca

Mark S. Buza Plaintiff, Pro Se Advocate

Civil Action Against Yahoo Inc.

- 7 -




Exhibit A-1

EXHIBITS

On Sat, 10/25/08, Yahoo! Customer Care <[email protected]> wrote:

From: Yahoo! Customer Care <[email protected]>

Subject: Transcript of your chat

To: "Mark Buza" <buzamark@yahoo. om>

Date: Saturday, October 25, 2008, 1:56 PM

General Info

Chat start time Oct 25, 2008 4:40:11 PM EST

Chat end time Oct 25, 2008 4:54:24 PM EST

Duration (actual chatting time) 00:14:12

Operator Sean

Chat Transcript

info: Please wait for a Yahoo! agent to respond.

info: You are now chatting with Sean

Mark Buza: http://groups.yahoo.com/group/NPSM/

Sean: Hi! Welcome to our Yahoo! Mail Live Chat service. I'm glad you've joined us.

Sean: Thank you for providing us the details of your issue.

Mark Buza: ok

Sean: As I understand, the Psychoanalytic Socialist Movement Yahoo! Group has been

removed and you want it restored. Am I right?

Mark Buza: yes the sooner the better

EXHIBITS

- A-1 -




' ,

1

2

EXHIBITS

- A-1 -

.

Sean: I a p o l o g i z e f o r t h e i n c o n v e n ie n c e t h i s may h av e c a us e d yo u . R e s t a s s u r e d t h a t I

w i l l t r y my b e s t t o h e l p y ou .

3

4

5

6

7

8

9

1 0

11

12

13

14

1 5

16

17

18

1 9

20

2 1

22

23

24

25

26

27

28

Mark Buza: I w ou ld l i k e t o know t h e r e a s o n t h i s i s t h e s e c o nd g r ou p t h a t h a s b e en

d e l e t e d b y Ya ho o

S ea n: TO b e a b l e t o h e l p y ou , I w i l l n e e d t o r e d i r e c t y ou t o o u r Y ah oo! G ro up s t ea m

s i n c e t h e y h av e t h e r i g h t t o o l s t o h e l p you w i t h y ou r i s s u e .

S e an : L e t me p r o v i d e y ou t h e l i n k wh e re y ou c a n c o n t a c t t h em d i r e c t l y .

S ea n: P l e a s e c l i c k h e r e t o c o n t a c t o u r Yahoo! G ro up s t ea m.

Mark B uza: o k b u t t h e y d i d n t d o a n y t h i n g t h e l a s t t i m e

Sean : I u n d er s ta n d . B ut , t h e y a r e t h e r i g h t d e p a rt m e nt t o a s s i s t you w i t h y ou r i s s u e .

Mark Buza: I a l r e a d y s e n t t he m a e m a i l t o d a y

S e an : T h i s a v e n ue o f s u p p o r t i s f o r Yahoo! M a il i s s u e s an d i n q u i r i e s o n l y .

M ark Bu za : c h a t w o u ld b e b e t t e r

Sean : Tha t i s o u t o f o u r e x p e r t i s e .

Mark Buza: i s t h e r e a p h o ne n um be r

S ea n: U n f o r t un a t e l y , you c a n o n l y r e a c h th em t h r o u g h t h e l i n k t h a t I h a v e p r o v i d e d

You-

Mark Buza: ok

S e a n: I n t h e m e a n ti m e , i s t h e r e a n y t hi n g e l s e I c a n h e l p y ou w i t h r e g a r d i n g y o u r

Yahoo! Mai l accoun t?

Mark Buza: oh i f o r g o t t h e y d e l e t e d my e m a i l a c c o u n t

Mark Buza: [email protected]

S ea n: P l e a s e g i v e me t wo t o t h r e e m i n ut e s t o c h e ck o n t h a t a n d s e e wh at I c a n do t o

h e l p y o u .

Mark Buza: ok

Mark B uz a: t h a t w as t o d a y a l s o

S ean : I ' m s o r r y f o r t h e d e l a y . I ' l l b e w i t h y ou a s s o o n a s I c a n .

Mark Buza: ok




EXHIBITS

- A-1 -

Sean: Sorry to keep you waiting. Are you able to login using that account?

Mark Buza: no

Sean: Are you receiving any error message when you tried to access that account?

Mark Buza: no error message

Sean: Thank you for the confirmation.

Mark Buza: ok

Sean: Since you are unable to login to that account, I will need you to contact our

Abuse team since they have the right tools to assist you further with your issue.

Sean: Let me provide you the link where you can contact them.

Mark Buza: ok

Sean: Please click here to contact our Abuse team.

Mark Buza: ok

Sean: I would suggest that you contact our Yahoo! Groups and Abuse team so that they

can help you resolve your issue as soon as possible.

Sean: Would there be anything else I may assist you with?

Mark Buza: right now

Mark Buza: that should do it

Sean: If you won't mind, it would be much appreciated if you can complete a short

survey to give us your comments/suggestion on how we did today.

Sean: All you need to do is click on the word "Close" at the top right of the chat

window.

Sean: Thank you for using Yahoo! Mail. If you have any other questions, please feel

free to come back and chat with us at any time.

Sean: Thanks so much for visiting. Please be in touch any time. We're always here!

Sean: Take care.

Sean: Goodbye.




Exhibit A-2

TRANSMISSION VERIFICATION REPORT

I I

TIME : 118/28/2610 14NAME : SWORDSFAX : 4152524790TEL : 4152524788SER. # : C85632789

DATE, T IMEFAX NO. /NAMEDURATIONPAGE (S)RESULTMODE

16/20 14 :511408349330100: 00: 2002OKSTANDARDECM

1060 oward Street

San Francisco, CA '94103

Te1: (415) 252-4788

Fax: (415) 252-4790

TO: ' FU: G Q ~ )4($-3301D*: L ~ r a o 7 / 0

Re: .cc:




Yahoo! Inc.

&karstAvjenueSunnyvale, CA 94089

Tel: (408 ) 349-3300

Fax: (408) 349-3301

EXHIBITS

3reetings Yahoo! :

rhis is a letter concerning that your company Yahoo ! inc. is in violation of the civil rights ofMark Buza and his medium the political group th e National Psycho analytic S ocialistMovement. This matter encompasses violations in which your co mpan y Yahoo! inc. participatein by deleting two NPSM sites from your servers at Yahoo! One NP SM sitehttp:/~www.rzeocities.com/freudiangladiatorl966as terminated n ear the date of 10/17/08 and

the main NPS M site http://groups.yahoo.com/gro-up/NPSM/as deleted on 10/25/2008. Thisaction violates Mark B uza's well-established righ ts of free speech, equ al protection, and fieedon

~f discrimination under the United States and California Constitutions. [I.]

Some of the same issues have previously has been addressed by the courts o f the United States,which the courts have decided that a ban on protest of speech violates First Am endm ent rights.See Tinker v. De s M oinei Independent Comm unity School District, 393 U.S. 503 (1969) In that

Ease, the U.S. S upreme Court ruled 7-2 against the school and in favor o f the stud ents wearingarmbands seeing that their actions andlor speech did n ot interfere with school w ork or the rights

~f others in the sch ools classrooms. A prohibition against expression of opinion , without anyzvidence that the rule is necessary to avo id subs tantial interference with s choo l discipline or the

rights of others, is not permissible under the F irst and Fourteenth Am endm ents of the UnitedStates Constitution. Pp. 507-5 14.

See also Texas v. Johnson, 491 U.S. 397 (1989), Johnson participated in a political protest~ u t s i d ehe 1984 Republican National Conv ention in Dallas, Texas. At the en d o f the protest

Johnson poured kerosene on a n Am erican flag and set it on fire. S everal witnesses not

participating in the protest were offended at Johnson's actions. At the tim e Texa s had a statutewhich made it a crime to desec rate a state or national flag. Johnson w as charged a nd conv icted

under this Texas state law. After the findin g he appealed, arguing that the law wa s aunconstitutional infringement on h is First A mend ment rights. Th e U.S. Suprem e Court ruled infavor of Johnson in this case. The Cou rt in a 5-4 ruling said that the Texas law did violate the

First Amendm ent as applied to Johnson's act since it determined that the prosecution of Johnsonwas directly related to expression.

Jarrar v. Ha rris et al. On Aug. 12, 2006, Transportation Security Administration officials andJetBlue Airways personnel prevented R aed Jarrar from boarding a flight at Joh n I?. Icemedy

Airport until he agreed to cover his T-shirt, which read "We Will Not Be Silent" in English andArabic. Jarrar that day was waiting to board a JetBlue flight from the east coast to h is hom e in

Oakland, Calif., when h e w as suddenly ap proached by two T SA officials. One of the officials

told Jarrar that he needed to remo ve his sh irt beca use other passengers w ere not comfortable wit

the Arabic script, telling him tha t wearing a shirt with A rabic writing on it to an airport was like"wearing a T-shirt at a bank stating, 'I am a robber." On Aug. 9, 2007, the Am erican Civil

EXHIBITS




I am requesting Yahoo! inc. only to reconsider, renounce it's wrongdoing and pay a fine whichwill be defined by Mark Buza payable to Mark Buza for numerous civil rights, power, time 10s

and other legal violations. This application of settlement applying to the previously stated

guidelines that Yahoo's! course changed after being informed that such conduct violatesI urge you to take this step above and resolve this matter amicably. If you do not, you may incu

larger business financial liability, given the well-established nature of the law

governing individual rights in these circumstances. See 28 U.SC. $ 1983.

1

2

3

4

Because legal action is approaching rapidly, please respond to this letter as soon as possibleindicating that Yahoo! inc. will change it's course and do what is right in this matter correctingthe wrong that was put upon Mark Buza and his political group. If I do not hear from you soorwill have to assume that you are standing by your previous position and actions, notwithstandir

our having called your attention to the law set forth in this letter, and we will proceedaccordingly.

* Liberties Union and the New York Civil -on filed a civil rights lawsuit on Jarrar's

&&atir&e U.S. District Court for the Eastern District of New York. The complaint charged

that TSA and JetBlue officials violated Jarrar's civil rights under the First and Fifth Amendme ts

and federal, state and city anti-discrimination laws. -TSA and JetBlue agreed in December 200

to give a monetary reward to Jarrar to settle the lawsuit out of court. :This letter is not intended to set forth all of the facts relating to this matter or all of the rights or

remedies available to Mark Buza under the present circumstances, or the bases thereof, all ofwhich are expressly reserved.

Mark Buza1060 Howard st.

San Francisco, Ca 94 103

1 6

17

Email address: [email protected]

Thank you for your attention to this matter. All correspondence should be mailed or emailed tc

the following addresses.

2 I I With anticipation; I

I U.S. onst. ,amend. 1 (protecting "freedom of speech" as well as expressive association); U.S.Const., amend. XJV (guaranteeing rights of "equal

protection of the laws," "liberty" and intimate association); CALIFORNIA CONSTSTUTION ARTICLE 1 DECLAlL4I'ION 01: RIGKI'S states

SECTION I . All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending lire and liberty,

ncquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy, SEC. 2. (a) Every person may rreely speak,

write and publish his or her sentiments on all subjects, being responsible for the abuse orthis right. A law may not restraln or abridge liberty of speech

press. SEC. 3. (a)l 'he people have the right to instruct their representatives, petition government for redress of grievances, and assemblc lieely to COW

I I EXHIBITS I




Exhibit A-5

TRANSMISSIOPJ VERIFICATION REPORT

I

EXHIBITS TIIvlE : 12/'29/26EI13 16:NAME : SWORDSFA X : 4152524790TEL : 4152524788

DATE, TIf4EF&X NU. /I.4At~,lE

DLIR&TIbIFAGE(S)EESLLTNODE

12/29 1 6 : 4 91408349330100: B: 4 9

' 84OKSTANDARDECM

1060.Haward Street -

San Francisco, CA 94103.

I Tel: (415) 252-4780

Fax; (415) 252-4790

~ e : pages: 3.-. -

CC:

D Urgent CI FixR w K w P C . JPk, Reply D Please R.K

.-. - .--. - ."-.EXHIBITS




Yahoo! Inc.

01First Avenue$ h i b i t y6

unnyva e, CA 94089

Tel: (408) 349-3300

Fax: (408) 349-3301

Gre etings Yahoo!:

EXHIBITS

Mark S. Buza the ow ner of the National P sychoanalytic Socialist Movem ent h as previously

requested for your com pany Yah oo! inc. to reconsider, renoun ce its wro ngdo ing, reinstate

both National Psychoanalytic Socialist Mo vem ent sites, and pay a fine after being inform ed

that your companies conduct is in violation of the law, and the U nited States Constitu tion

for Yahoo's deletion of two NP SM sites. O n e N P S M site

~~ttp://www.~eocities.con~/freu~-iin~~~1ndiator1~~as terminated near t he date of 10/1~/08,

and the main NPSM site ht t p://Kroups.yxhoo.cc!~n/Rroup/NPSM/was deleted on

1o/zy/zoo8 fro m th e Yahoo! servers.

Accordingly since the re has not been a response by Yahoo! from the prior dem and letter sen

a n 12/29/2009 via fax to (408) 349'3301. I shall start the final process of drafting an action

against Yahoo! for the purpose of imp osing thr ou gh legal me ans w hat w ill be just in this

circumstance. Thes e two political sites were not for children to tamper wi th, and seeing th

Yahoo! is a large company w ell defined in the internet in dustry one could assume that a

company of this magnitude would not do sometliing so blatant, and irresponsible upon the

United States Con stitutio n, and to a figure of statur e such as the ow ner, founder and soon tl

be plaintiff i n this ma tter against Yahoo!. Yahoo! has show n throu gh its actions against the

National Psychoanalytic Socialist Mo vem ent , and its found er, and leader Ma rk S. Buza of

tampering, and erasing the history of a entity of NP SM 's large magnitude is no more t han

censorship, and Look burning and thu s you r com pany Yahoo! sh ould pay a very steep price

for it's illegal intrus ion on to history.

Marlc S. Buza /


buza v yahoo complaint

Documents