SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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1 MARY CUMMINS Defendant W. 9th St. # Los Angeles, CA 9001 In Pro Per Telephone: ( SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES BAT WORLD SANCTUARY, AMANDA LOLLAR Plaintiff v. MARY CUMMINS Defendant Case No. BS100 AMENDED MOTION TO QUASH, MODIFY SUBPOENA, PROTECTIVE ORDER CCP 19.1 Date: May 10, 01 Time: :0 a.m. Room: Dept Judge: Honorable Robert Hess RELIEF REQUESTED Defendant Mary Cummins, (hereinafter Defendant respectfully moves the Court for an order quashing subpoenas made by Plaintiffs requesting all bank records of Defendant Mary Cummins and parties not part of the underlying complaint from First Bank and One West banks. Plaintiff already has all of Defendant s bank records from First Bank and One West banks! Plaintiffs also have unclean hands as they committed forgery, fraud and perjury in this case. Defendant received proof that Plaintiff Lollar and her Texas attorney forged s from the head of USDA. They also forged almost all exhibits and a court order. Motion is pending in the MOTION TO QUASH, MODIFY SUBPOENA, PROTECTIVE ORDER CCP

2 underlying case in Tarrant County, Texas. Defendant will show the court the following based on documents already filed with this court, attached declaration and exhibits. INTRODUCTION Defendant never defamed Plaintiffs. Plaintiffs did not show any element of defamation, damages or malice. The breach of contract claim, attorney fees, liquidated damages were all reversed in appeal. Plaintiff Bat World Sanctuary was denied any claim. In the underlying case # Plaintiff requested that Defendant sign a bank authorization allowing Plaintiff to obtain bank statements of any bank account held in any bank in the name of Mary Cummins, Mary Cobb combined with the social security number of defendant. Judge John Chupp signed a court order stating Plaintiffs are allowed to have the bank records of Defendant from August, 010 to the then present December 1, 01. Defendant signed the bank record authorization (Exhibit 1. Judge Chupp also signed a protective order over any bank records of Defendant (Exhibit. The bank records can never be shared publicly, posted on the internet or shared with any person other than Plaintiff and their attorney Randy Turner. The bank records can only be used for legal discovery purposes. They cannot be used for any other purpose. Plaintiff s Texas attorney Randy Turner then forged the court order changing the dates from August, 010 to the date of the signing of the order December, 01 to January, 010 to January, 01. Plaintiff s Texas attorney Randy Turner then sent the forged bank authorization to First Bank and One West banks January 01. Plaintiff received all bank records from First Bank and One West bank February 01. Plaintiffs already have the records they are requesting in the subpoenas! (Exhibit. MOTION TO QUASH, MODIFY SUBPOENA, PROTECTIVE ORDER CCP 19.1

3 Plaintiff s Texas attorney also demanded the bank records of non-party Animal Advocates from First Bank. The Animal Advocates bank account at First Bank is not in the name of Defendant. It is not in the SSN of Defendant. The account was merely opened 1 years ago by Defendant on behalf of Animal Advocates. Defendant resigned from Animal Advocates October 01. Public 990 s of Animal Advocates show that Animal Advocates has no assets and receives barely any donations which don t cover expenses. Texas attorney Randy Turner told the judge he received Animal Advocates bank records by accident. Judge John Chupp in the underlying case stated on the record that Plaintiff was not allowed to have the bank records of Animal Advocates as they were and have never been a party in the case (Exhibit. Judge Chupp stated First Bank should have never given those records to Plaintiff. First Bank demanded the records be returned but Plaintiff s Texas attorney Randy Turner refused to return the records. Plaintiffs served two subpoenas for bank records in this case to One West and First Bank banks (Plaintiff s Exh J. Plaintiffs already have all the records from those banks via the bank authorization. The subpoenas are not needed. Plaintiffs also still have a signed bank authorization for any records from any other banks. Plaintiffs filed the subpoenas merely to harass Defendant and rack up a bill for Plaintiff. They should be sanctioned for wasting the Court and Defendant s time and costs. STATEMENT OF THE CASE AND GROUNDS TO QUASH OR MODIFY SUBPOENA, PROTECTIVE ORDER The subpoena should be quashed or modified for the following reasons: 1. Plaintiffs already have all bank statements of Mary Cummins, Mary Cobb with SSN (redacted from January 010 to January 01. The banks in question only keep records for five years. There are no other bank statements. In the Texas case Defendant signed a bank authorization for all bank records in the name of Mary Cummins Mary Cobb with SSN redacted. Plaintiff received statements of four bank MOTION TO QUASH, MODIFY SUBPOENA, PROTECTIVE ORDER CCP 19.1

4 accounts all of which have been closed for at least two years. The banks closed all of the accounts due to the bank levy and negative balances. Defendant does not have a bank account and receives Medi-cal medical insurance from the government. If Defendant were to ever have a bank account in the future, that account would be exempt from levy up to a certain limited amount as Defendant receives government aid. Defendant also claimed every exemption in response to the bank levy. Plaintiff did not contest any other exemption except that one One West bank account. This court only allowed Plaintiff to have $,00 from the only remaining bank account in 01.. Plaintiff Bat World Sanctuary is no longer a party in this case. All causes and claims of Bat World Sanctuary were dismissed. The subpoena is in the name of Bat World Sanctuary and Amanda Lollar. The subpoena is therefore defective on its face. Plaintiffs did not change the judgment to reflect current legal parties as requested by Judge Robert Hess.. The subpoena is overly broad requesting Any and all statements for accounts held on behalf of any and every Mary Cummins, Mary Cobb or SSN ***-**- ****. (Exhibit *. The subpoena should only be for bank statements in the name of Mary Cummins, Mary Cobb combined with Defendant s SSN (redacted for a limited time related to the underlying lawsuit which was filed in September 010. Plaintiffs have a very long history of abusing discovery for harassment purposes only. They have violated every single authorization for records and protective order in the underlying case. Plaintiffs could merely state they feel an account is being held on behalf of Defendant with absolutely no proof. They could access any bank account of any person with such an open subpoena. Plaintiff requested all accounts associated with SSN (redacted. Defendant was the founder of non-profit Animal Advocates in 00 1 years ago. Defendant opened up a bank account in the name of only Animal Advocates with only EIN -109 in 00. Defendant was a signatory on that account years ago. Defendant made sure MOTION TO QUASH, MODIFY SUBPOENA, PROTECTIVE ORDER CCP 19.1

5 Defendant s name was no longer on that account in any way. The bank confirmed this. Defendant s SSN was never on that account. The Judge in the underlying case ruled that Plaintiffs are not allowed to have the records of Animal Advocates.. If the court signs an order stating Plaintiff can obtain the bank records via subpoena to FirstBank or OneWest for bank records, the order must be very specific for only the records of Defendant, in Defendant s name and SSN. Defendant must get a copy of all documents directly from the bank and not Plaintiffs. The documents must be under a protective order. They cannot be filed in a lawsuit, shared with anyone other than Plaintiff and her lawyers in the case, posted online or shared with the public. PRAYER Defendant respectfully requests that this Court quash this subpoenas for bank records. In the alternative Defendant requests that the subpoenas be limited to only Defendant s bank records with Defendant s SSN and name together. Plaintiff should not be allowed to ask for bank records of unrelated third party Animal Advocates. Defendant requests a protective order over any financial documents stating the contents of the records and the records themselves must never be shared with anyone other than Plaintiff and her lawyers in this case. They may never be given to anyone else. They may never be posted online, shared publicly or attached to a legal filing. Defendant also requests sanctions against Plaintiff and their two new lawyers. The subpoenas were not necessary. It was filed to waste the Court and Defendant s time. It was maliciously filed to try to illegally get the court records of Animal Advocates which the Judge in the underlying case did not authorize. Defendant also requests that Plaintiffs a copy of all filings in this case to mmmaryinla@aol.com Defendant is permanently, legally disabled, has no car, cannot get to the p.o. box, cannot pay for a ride and cannot afford to buy the documents online. Defendant requested Plaintiffs to their documents but they refused. Defendant just received the documents today and is replying as soon as possible. MOTION TO QUASH, MODIFY SUBPOENA, PROTECTIVE ORDER CCP 19.1

6 1 Such other relief as the Court may deem just and proper. Respectfully submitted, Mary Cummins, Defendant Dated: May, MOTION TO QUASH, MODIFY SUBPOENA, PROTECTIVE ORDER CCP 19.1

7 PROOF OF SERVICE (FRCivP (b or (CCP 101a, 01. or (FRAP (d I am Plaintiff in pro per whose address is W. 9th St. #110-10, Los Angeles, California I am over the age of eighteen years. I further declare that on the date hereof I served a copy of: MOTION TO QUASH, MODIFY SUBPOENA, PROTECTIVE ORDER on the following interested parties by ing this document to the following. Christian Molner Ashley Hunt 100 Wilshire #110 Los Angeles, CA 900 Gallagher Group 1 Howe Ave #10 Sacramento, CA 9 Witness FirstBank Research-Subpoena Dept Mailcode MI P.O. Box 10 Hazelwood, MO 0 I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed this day, May, 01, at Los Angeles, California. Respectfully submitted, Mary Cummins, Plaintiff Dated: May, 01 MOTION TO QUASH, MODIFY SUBPOENA, PROTECTIVE ORDER CCP 19.1

8 DECLARATION OF DEFENDANT MARY CUMMINS I, MARY CUMMINS, declare as follows: 1. I am Mary Cummins Defendant in pro per. I make this declaration on my personal knowledge of the facts set forth herein.. Attached to DEFENDANT S MOTION TO QUASH SUBPOENA, MODIFY SUBPOENA, PROTECTIVE ORDER as exhibits are true and correct copies of the original documents.. Everything in DEFENDANT S MOTION TO QUASH SUBPOENA, MODIFY SUBPOENA, PROTECTIVE ORDER was written by me and is the truth to the best of my knowledge.. I m positive Plaintiff would use any data in any financial records to harass, stalk or harm me, my family, friends and clients.. What Plaintiff and her lawyers wrote in their reply to my motion is false and should be stricken. I, declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May, 01 at Los Angeles, California. By: MARY CUMMINS MOTION TO QUASH, MODIFY SUBPOENA, PROTECTIVE ORDER CCP 19.1

9 CONFIDENTIAL th UNDER SEAL See date below December NOT PUBLIC DOC This is page one of a two page document. Not valid without page two. EXHIBIT 1

10 Mary Cummins is to get a copy of all communications to/from banks. Mary Cummins W 9th St. # Los Angeles, CA 9001 (10 0 Mary@MaryCummins.com

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12 EXHIBIT

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14 EX1 1 9 REPORTER'S RECORD VOLUME 1 OF 1 Cause No BAT WORLD SANCTUARY X IN THE DISTRICT COURT and AMANDA LOLLAR, X X Plaintiffs, X X VS. X 11ST JUDICIAL DISTRICT X MARY CUMMINS, X X Defendant. X TARRANT COUNTY, TEXAS *-*-*-*-*-*-*-*-*-*-*-*-*-* HEARING *-*-*-*-*-*-*-*-*-*-*-*-*-* BE IT REMEMBERED that on the 1st day of April, 01, the following proceedings came on to be heard in the above-entitled and -numbered cause before the Honorable John P. Chupp, judge presiding, held in Fort Worth, Tarrant County, Texas. The proceedings were reported by machine shorthand. Tina Fett, CSR Official Court Reporter 11st District Court EXHIBIT

15 1 APPEARING FOR PLAINTIFFS: Mr. Randall E. Turner State Bar No. 010 BAILEY & GALYEN 100 Summit Avenue Suite 0 Fort Worth, Texas 10 Telephone: ( Facsimile: (1 - rturner@galyen.com A P P E A R A N C E S APPEARING PRO SE (TELEPHONICALLY: Ms. Mary Cummins W. 9th Street # Los Angeles, CA Telephone: (10-0 mmmarycummins@gmail.com Tina Fett, CSR Official Court Reporter 11st District Court

16 MS. CUMMINS: My name is not on the Animal Advocates' account. My social security number is not on the Animal Advocates' account. I resigned -- I thought I resigned last October, but I actually resigned in October of 01 when I was trying to take another job, and I was forced to resign. My name is not there, and there is no way Mr. Turner could have gotten that information without specifically demanding Animal Advocates' records. And in court you said he's not allowed to have those records. THE COURT: I signed a court order saying -- listen, I signed a court order saying what he could have, right? MS. CUMMINS: Yes. THE COURT: Okay. And the bank should only give him what I signed in the order. He can't make them give it to him by calling. MS. CUMMINS: You don't know Mr. Turner. In the last -- (inaudible my doctor. And Mr. Turner doesn't care what order that you write or send. He's going to send something else to them behind my back and behind the Court's back -- THE COURT: Do you have a copy of the forged document he sent to the bank? Tina Fett, CSR Official Court Reporter 11st District Court

17 MS. CUMMINS: Yes. THE COURT: Where is that? MS. CUMMINS: Well, he filed a document stating I signed something for January 010 to January of 01, and I never signed that. THE COURT: Okay. Where is it? MS. CUMMINS: What? THE COURT: Where is that document? MS. CUMMINS: Mr. Turner filed it in his reply. THE COURT: Okay. MS. CUMMINS: If he did -- if they would have given him the documents accidentally, which they did not, he still could never use them, because they are the records of Animal Advocates. THE COURT: Right. No, I don't disagree with you. I think that the order that we sent, wasn't that marked out in there? There was a sentence in that order that was marked out so that he couldn't get those records, right? MS. CUMMINS: He was only allowed my records with my name and social security number. THE COURT: Right. Okay. MS. CUMMINS: Well, specifically he told you we sent it, called them up and demand Animal Tina Fett, CSR Official Court Reporter 11st District Court

18 1 C E R T I F I C A T E THE STATE OF TEXAS COUNTY OF TARRANT X X I, Christina Fett, Official Court Reporter in and for the 11st District Court, State of Texas, County of Tarrant, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the reporter's record in the aforementioned cause, all of which occurred in open court or in chambers and were reported by me. I FURTHER CERTIFY that this reporter's record of the proceedings truly and correctly reflects the exhibits, if any, admitted by the respective parties. I FURTHER CERTIFY that I have no financial interest in the matters shown herein, and that I am not related to any of the parties or their counsel. I FURTHER CERTIFY that the total cost for the preparation of this reporter's record of the proceedings is $.00, and was paid by Plaintiff. WITNESS MY OFFICIAL HAND this the 1th day of April, /s/christina Fett Christina Fett, Texas CSR 90 CSR Expires Official Court Reporter, 11st District Court Tom Vandergriff Civil Courts Building 100 N. Calhoun, rd Floor Fort Worth, Texas Telephone 1--1 Facsimile Tina Fett, CSR Official Court Reporter 11st District Court