I COUNTY OF LOS ANGELES

Transcription

1 GRAHAM E. BERRY, Bar No.203 Attorney at Law 334 McLaughlin Avenue 2 Los Angeles, California Telephone: ( Facsimile: ( grahamberry@.ca.n.com SUPEROR COURT OF THE STATE OF CALFORNA COUNTY OF LOS ANGELES CENTRAL DSTRCT KENDRCK MOXON 2 Plaintiff, 3 v. 4 GRAHAM BERRY, Defendants. GRAHAM E. BERRY, an individual; Cross-Complainant, v. KENDRCK L. MOXON, an individual; 20 Cross-Defendant. 2 Case No. BC4 NOTCE TO DEPARTMENTS & LST OF DOCUMENTS ETHER FLED OR LODGED N RELATON TO DEFENDANT'S REQUST TO FLE NEW LTGATON-JUDCAL COUNCL FORMMC0. Action filed: January,

2 WHEREAS, this proceeding has been assigned to Department ; and 2 WHEREAS, Defendant has filed a Judicial Council Fol MC-0 and supporting exhibits; and 3 4 WHEREAS, Plaintiff has opposed the filing of Defendant' s proposed compulsory cross- complaint; and WHEREAS, the Presiding Judge of the Los Angeles County Superior Court, sitting in Deparment, must first consider and rule upon the requ+ to file new litigation; and WHEREAS, some of the papers submitted to the court in relation to the pending request have been "filed," others "lodged," and some perhaps are not in Department where it is understood 2 they should be at this time; and 3 4 WHEREAS, for ruling; the Request to File New Litigation would now appear to be fully briefed and ready NOW THEREFORE the Defendant and proposed cross-defendant provides Departments and with this list of documents either filed or lodged herein and in the order they should be assembled: 20. Complaint to enforce judgment filed January, 20; 2 2. Request and Order to File New Litigation by Vexatious Litigant lodged February,20; 3. Unverified Answer and Verified Compulsory Cross-Complaint filed February,20; 2 4. Defendant and Cross-Complainant's Appendix No. of Exhibits and R.F.J.N. filed 2//; 2 2. Defendant and Cross-Complainant's Appendix No. of Exhibits and R.F.J.N. filed 2 2//; List of documents filed or lodged in connection wit Judicial Council Form MC-0

3 Defendant and Cross-Complainant's Appendix No. of Exhibits and R.F.J.N. filed 2//;. Defendant and Cross-Complainant's Appendix No. V of Exhibits and R.F.J.N. filed 2//;. Defendant and Cross-Complainants Reply in support of request re Moxon opposition received late Saturday 2/20/ but not filed by Plaintiff and superseded by Plaintiff's. Opposition to Vexatious Litigant's Request to File New Litigation filed February, 20;. Defendant and Cross-Complainant's Revised Reply in Support of Request to File New 2 Litigation and Rebuttal Exhibits. 3 4 Copies of the conformed caption pages of each of the above documents are attached hereto as Exhibit A. f any of the above-listed documents are not with epartment, as the Request to File New Litigation requires, Defendant and proposed cross-complainant Graham E. Berry will gladly deliver a conformed copy at the court's request Dated: February 2, GiE.BERRY Defendant and [proposed] Cross-complainant 2 2 List of documents filed or lodged in connection witll Judicial Council Form MC-0

4 EXHBT A 2 2 List of documents filed or lodged in connection with Judicial Council Form MC-0

5 -: 2.,. 4 Kendrick L. Moxon, State Bar No. 20 MOXON & KOBRN kmoxoniiiearthlink.net 30 Wilshire Boulevard, Suite 00 Los Angeles, California 00 Telephone: ( Facsimile: ( Attorney for Plaintiff Pro se CONFORMED COpy OF ORG~NAL F~LEO Los Angeles Superior Court JAN 0 20 SUPEROR COURT OF THE STATf OF CALFORNA COUNTY OF LOS AN ELES KENDRCK MOXON Plaintiff, vs. GRAHAM BERRY, Defendant. Case No COMPLANT TO ENFORCE JUDGMENT NTRODUCl ON This is an action to enforce a judgment ag inst defendant Graham Berry, issued and assessed against him for acts of bad faith litigation. This action is brought pursuant to California Code of Civil Procedure et seq. PARTES 2. Plaintiff, Kendrick Moxon ("Moxon", is an attorney, licensed to practice law in all state and federal courts of the State of California, and the District of Columbia He is a resident of Los Angeles County. COMPLA"''T

6 ATTORNEY OR PARTY WTHOUT ATTORNEY (Name. Slate Bar number, and address: Graham E. Berry SB No McLaugWin Avenue Los Angeles, CA FOR COURT USE ONL Y MC-0 TELEPHONE NO.: (3 4-3 FAX NO (optional}:(3 4-3 E MALADDRESS (Optional: graharnberryeaca.rr.com ATTORNEY FOR (Name: Defendant and cross-complainant pro se SUPEROR COURT OF CALFORNA, COUNTY OFLos Angeles STREET ADDRESS: N. Hill Street MALNG ADDRESS: CTY AND ZlP CODE: Los Angeles, CA 002 BRANCH NAME: Central ~t PLANTFF!PETTONER:Kendrick Moxon DEFENDANT!RESPONDENT:Graham Berry OTHER:And related compulsory cross-complaint ~ REQUEST AND ORDER TO FLE NEW'LTGATON BY VEXATOUS LTGANT FEB.... REC'O Type of case: 0 Limited Civil D Unlimited Civil D Small Claims D Family Law D Probate 0 Other e lolo U V\JUL W CASE NUMBER: BC4. have been determined to be a vexatious litigant and must obtain prior court approval to file any new litigation in which am not represented by an attorney. Filing new litigation means ( commencing any civilaction or proceeding, or (2 filing any petition, application, or motion (except a discovery motion under the Family or Probate Code, 2. have attached to this request a copy of the document to be filed and request approval from the presiding judge of the above court to file this document (name of document: Unverified answer and verified compulsory cross-complaint; Appen 'x No. - of documents filed to demonstrate the merits thereof & filed in connection with the responsive pleading & the pre-filing order. 3. The new filing has merit because (give reasons: Hurtado (Ex.A and Cipriano (Ex. E evidence unavailable at time of elevant underlying matters; Exs A-J show that absent criminal conduct by officer of court Moxon in underlying cases plaintiffs would have prevailed. Vexatious litigant order is erroneous upon face of Cts reco d. Matters in verified cross-complaint. 4. The new filing is not being filed to harass or to cause a delay because (give reasons: New filing is an answer and verified compulsory cross-complaint file defensively and to vacate "unjust judgments" obtained through "extrinsic fraud and/or mistake" by an a ficer ofthe court. declare under penalty of perjury under the laws of the State of California that the foreg,. Date: February,20 Graham E. Berry, SB # 203 (TYPE OR PRNT NAME OF DECLARANT Approval to file the attached document is: a. 0 Granted b. 0 Denied c. 0 Other: ORDER o Attachment to order. Number of pages. Date: (PRESONG JUDGE Form Approved for Optional Use Judicial Council of California MC 0 [New January. 200] REQUEST AND ORDER TO FLE NEW LTGATON BY VEXATOUS LGANT Page of Code of Civil Procedure. 3.

7 GRAHAM E. BERRY, Bar No.203 Attorney at Law 334 McLaughlin Avenue 2 Los Angeles, California Telephone: ( Facsimile: ( grahamben-v@ca.rr.com SUPEROR COURT OF CALFORNA COUNTY OF LOS ANGELES CENTRAL DSTRfT KENDRCK MOXON 2 Plaintiff, 3 4 v. GRAHAM BERRY, Defendants ~.20 Cross-Defendant ~ GRAHAM E. BERRY, an individual; v. Cross-Complainant, KENDRCK L. MOXON, an individual; Action filed: January,20 Case. BC 4 Filed concurrently with: ( Ju! icial Council Form MC-0; (2 Appendix No. of Exhibits (Ex. A; (3 Appendix No. of Exhibits (Ex. B-D; (4 Appendix No. of Exhibits [Ex. E-J]. ANSWER & CROSS-COMPLANT

8 r. GRAHAM E. BERRY, Bar No.203 Attorney at Law 334 McLaughlin Avenue 2 Los Angeles, California Telephone: ( Facsimile: ( Tahamberrv@ca.rr.com SUPEROR COURT OF THE STATE OF CALFORNA COUNTY OF LOS ANGELES CENTRAL DSTRCT 2 3 KENDRCK MOXON Case No. BC4 Plaintiff, v. 4 GRAHAM BERRY, DEFENiUANT AND CROSS- COMPLANANT'S APPENDX NO. Defendants. OF E$BTS AND REQUEST FOR JUDCAL NOTCE FLED AS PART OF THE ~RFED ANSWER AND GRAHAM E. BERRY, an individual; Cross-Complainant, v. VERFED COMPULSARY CROSS- COMPLANT HEREN.. Action filed: January, 20 l [Filed loncurrently KENDRCK L. MOXON, an individual; with: ( Judicial Council 20 Cross-Defendant. ofcalifomiafonn MC-0 (C.C.P. 3.; (2 Appendix No. of Exhibits [Exhibits B- 2 D]; (4 Appendix No. of Exhibits [Exhibits E-J] ; Unverified answer and verifid d cross-complaint] APPEND XOF EXHBTS

9 . F\ GRAHAM E. BERRY, Bar No.203 Attorney at Law. 334 McLaughlin Avenue 2 Los Angeles, California00(j-200 Telephone: ( Facsimile: (3 4-3 Emai: grahamberrv@ca.rr.com.. COUNTY OF LOS AN,ELES SUPEROR COURT OF THE STATE OF CALFORNA CENTRAL DSTR T. KENDRCK MOXON 2 Plaintiff, 3 v. 4 GRAHAM BERRY, Defendants. GRAHAM E. BERRY, an individual; Cross-Complainant, v. KENDRCK L. MOXON, an individual; 20 Cross-Defendant. 2 Case No. BC4 DEFE~ANT AND CROSSg~mt:fsN~f:~~~ ;R ll JUDCAL NOTCE FLED ASP ART OF THE UNVERFED ANSWER AND VERFED COMPULSARY CROSS-. COMPlANT HEREN. Action filed: January,20 [Filed concurrently with: ( Judicial Council of California Form MC-0 (C.C.P. 3.; (2 Appendix No. of Exhibits [Exhibit A];/ (4 Appendix No. of Exhibits [Exhibits. E-J] ;[Unverified answer and verified crosscomplaint]

10 GRAHAM E. BERRY, Bar No.203 Attorney at Law 334 McLaughlin Avenue 2 Los Angeles, California Telephone: ( Facsimile: ( grahamberrv@ca.rr.com CONFORMED copy (l~gnal ALED SUlLenor Coun of California t:ounty of Los Angeles FEB 20 John A C,~..'j.. ~Y'-e:-. scunve Offl!>"'/G/erk By ~.; "'" " GLOR/ETTA ROBNSON Deputy SUPERlOR COURT OF THE STATE\OF CALFORNA COUNTY OF LOS ANGELES CENTRAL DSTRCT 2 KENDRCK MOXON Plaintiff, 3 v. 4 GRAHAM BERRY, Case TO. BC4 DEFENDANT AND CROSS- COMPLANANT'S APPENDX NO. ill Defendants. OF EXHBTS AND REQUEST FOR fljdcal NOTCE FLED AS PART OF. THE UNVERFED ANSWER AND 20 Cross-Defendant GRAHAM E. BERRY, an individual; v. Cross-Complainant, KENDRCK L. MOXON, an individual; 2 VERFED COMPULSARY CROSS- COMP~ANT leren. Action filed: January, 20 [Filed concurrently with: ( Judicial Council of California Form MC-0 (C.c.P. 3.; (2 Appendix No. of Exhibits [Exhibit A]; (4 Appendix No. of Exhibits [Exhibits B- D] ; Unverified answer and verified crosscomplaint] RE

11 GRAHAM E. BERRY, Bar No.203 Attorney at Law 334 McLaughlin Avenue 2 Los Angeles, California Telephone: ( Facsimile: ( m-ahamberrv(cij.ca.rr.com SUPEROR COURT OF THE STATE OF CALFORNA COUNTY OF LOS AN(!;ELES CENTRAL DSTRCT RE

12 232 2:40: p.m / Kendrick. Moxon, State Bar No. 20 MOXON & KOBRN kmoxo"n(ci,earthlinlc. net 30 Wushire Boulevard, Suite 00 Los Angeles, California 00 Telephone: ( Facsimile: ( CONFORMED copy OF ORGNAL FLED rt LoS Angeles superior Col Attorney for Plaintiff Pro se SUPEROR COURT OF THE STATE OF CALFORNA COUNTY OF LOS ANGE~ES 2 3 KENDRCK MOXON Plaintiff, 4 vs. GRAHAM BERRY, Defendant. 20 Case No. BC4 OPPOSTON TO VEXATOUS LTGANT S REQUEST TO FLE NEW LTGATON; REQUEST FOR FNDNG OF CONTEMPT AGANST GRAHAM BERRY; NOTCE OF FLNG OF DENTFOATON OF VEXATOUS LTGANTPURSUANT TO C~C.P. 3.(C AND AUTOMATC STAY Dept: Date: N/A 2 NTRODUCTON n, Graham Berry, was found to have violate~rule, F.R.Civ.P., and 2 D_S.C. 2, through the filing of a frivolous and bad faith action against attorney, 2 plaintiff Kendrick Moxon, and was appropriated monetariy sanctioned. Thereafter, in 2 light of this and other bad faith litigation Mr. Berry pursued and lost, he was found to 2 be a "vexatious litigant" pursuant to C.C.P. 3, et seq. ~. Berry never paid the 2 ppostnon To Vexatious Litigant's Request For leave 0 ile Action FEE 20 2: PAGE. 02

13 GRAHAM E. BERRY, Bar No.203 Attorney at Law 334 Mcl.aughlin Avenue 2 Los Angeles, California Telephone: ( Facsimile: ( grahamberry@ca.rr.com SUPEROR COURT OF THE STAT OF CALFORNA COUNTY OF LOS ANGELES 2 3 Defendants GRAHAM E. BERRY, an individual; Cross-Complainant, v. KENDRCK L. MOXON, an individual; 20 Cross-Defendant KENDRCK v. MOXON Plaintiff, 4 GRAHAM BERRY,?h CENTRAL DSTRCT l Case ' BC4 DEFENDANT AND CROSS- COMJ»LANANT'S REPLY N SUPPORT OF REQUEST TO FLE NEW LTGATON AND REBUTTAL EilTS. Action filed: January, 20 [Filed concurrently with Appendix No. V of Exhibits (K-Z and Request for Judicial Notife.l

14 '. ~", - #.: GRAHAM E. BERRY, Bar No. 203 Attorney at Law 334 McLaughlin Avenue 2 Los Angeles, California Telephone: ( Facsimile: ( grahambcn.(cil.ca.n-.com. _...j._,...~.,_co.:: _._ ":-. '..... ~ -:.-~' i ::-~f~: ',' -,~"~.... '- :.~-.;.i :#::'l'.;~2. SUPEROR COURT OF THE STATE OF CALFORNA COUNTY OF LOS ANGELES CENTRAL DSTRCT KENDRCK MOXON 2 Plaintiff, 3 v. 4 GRAHAM BERRY, Defendants. GRAHAM E. BERRY, an individual; Cross-Complainant, v. KENDRCK L. MOXON, an individual; 20 Cross-Defendant. 2 Case No. BC4 DEFENDANT AND CROSS- COMPLANANT'S REVSED REPLY N SUPPORT OF REQUEST TO FLE NEW LTGATON AND REBUTTAL EXHBTS. Action filed: January,

15 PROOF OF SERVCE BY MAL 2 3 STATE OF CALFORNA ss.: 4 COUNTY OF LOS ANGELES MOXON V BERRY BC42 am employed in the County of Los Angeles, State of California. am over the age of and not a party to the within action. My business address is 334 McLaughlin Avenue, Los Angeles, CA 00 On February 2,20, served on interested parties in said action the within: NOTCE TO DEPARTMENTS & 2 By , fax and 3 4 by placing a true copy thereof in sealed envelope(s addressed as stated below. Kendrick L. Moxon, Esq, Moxon & Kobrin 30 Wilshire Boulevard, Suite 00 Los Angeles, CA 00 Telephone: ( Facsimile: ( kmoxon@earthlink.net 20 am readily familiar with this firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited witth. the U.S. postal service on that same 2 day with postage thereon fully prepaid at Los Angeles, California, in the ordinary course of business. am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than day fter date of deposit for mailing in affidavit, Executed on February 2,20, at Los Angeles, Califo ia. declare under penalty of perjury under the laws 2 foregoing is true and correct. 2 Graham E. Berry (Type or print name 2 2 List of documents filed or lodged in conn~tion with Judicial Council Form MC-0 _