From Our Friends at Living Lies Weblog


URGENT REQUEST! California Court attempting to Bury Decision!!! Don’t allow Guliex v. PennyMac to go unpublished! Act Today!
7h ago

California Fifth Court of AppealsGuilexguilex v pennymac

Unfortunately it is not uncommon for courts to skirt the rules in order to protect the banks if they can get away with it. It is up to California attorneys and homeowners nationwide to contact California’s Fifth District Appellate court and request that the Guliex case be published. YOU almost didn’t have this opportunity because it appears the court attempted to end the submission window six-days early !

We need all HOMEOWNERS and FORECLOSURE ATTORNEYS NATIONWIDE to HELP get this case published!

Homeowners, PLEASE write the Court at the address below TODAY (or use the template) and request that Guliex v. PennyMac be published. Attorneys and registered pro se litigants can file electronically through the court’s TrueFiling.com system.

Letters should be mailed TODAY or possibly MONDAY if you live in California to be received by the Tuesday, August 1st deadline.

Electronic filings are accepted up until Tuesday.

Originally the court had issued an order stating that no more letters requesting publication of Guliex would be accepted. Apparently after public outcry, the court clerk stated they would now accept requests to publish until Tuesday, August 1st, 2017.

On July 12th, 2017 the California Fifth Appellate Court issued an unpublished opinion in Guliex v. Pennymac Holdings, a case that may potentially benefit homeowners nationwide who are litigating illegal trustee sales and Chain of Title issues.

The Rules of the Fifth Appellate Court permit 20 days for attorneys and citizens to request publication of the case by submitting letters to the court. The court originally incorrectly listed the deadline as July 27th when the deadline should have been August 1st, 2017. Thus, the court clerk shut down requests for publication SIX days prematurely.

The Appellate court also issued the opinion that the Guliex decision, “does not establish a new rule of law, nor does it meet any of the criteria set forth in California Rules of Court, rule 8.1105(c).”

WHAT? REALLY? The decision likely doesn’t meet the court’s publication criteria because it actually benefits the Homeowner, not the Bank for a change!! Apparently Homeowners fighting foreclosure and hostile courts must also fight judicial CENSORSHIP if they prevail, in addition to the other abuses and injustices they confront at every judicial juncture.

Unfortunately, this is one more attempt to silence victims of fraudulent foreclosure and the attorneys who defend them. The Guliex case is important because the court actually complies with the rule of law it established in its own jurisdiction.

Common sense decisions regarding wrongful foreclosure are infrequent and typically eroded or overturned. Yvanova, one of the finest decisions on the importance of standing, was decimated by the Saterbak ruling. A favorable precedent that adheres to the rule of law must be allowed to stand. We must be vigilant and our voices united.

Please write a simple letter, or copy the template below and mail it TODAY requesting that the court publish the Guliex decision. The request for publication should not exceed 2 pages.

(Hat tip to Charles Cox for composing the content of this letter). Please edit as desired.

Fifth District Court of Appeal
Request for Publication, Case No. F073142
Attn: Honorable Brad Hill, Presiding Justice
2424 Ventura Street
Fresno, CA 93721

Subject: Request for Publication

Guliex v PennyMac Holdings LLC

Court of Appeal No F073142 filed July 12, 2017

Opinion cited as 2017 Cal App Unpub Lexis 4742

REQUEST FOR PUBLICATION OF OPINION

Dear Justices of the Fifth Appellate District of the California Court of Appeal,

Pursuant to California Rules of Court (“CRC”), Rule 8.1120(a) et seq., I am writing to respectfully and timely request certification for publication of the Court’s entire Opinion, or in the alternative, partial publication of Parts I. et seq. and II.B., for the case captioned above.

My interest in this request relates to the engineered attacks upon home ownership by unauthorized intermediaries engaged in self-help that is California’s non-judicial foreclosure process; and the application, interpretation, clarification and addressing of the facts in this instant case by the Appellate Court and its distinguishing other holdings involving legal issues of continuing public interest as well as clarification of certain specifics related to this field of litigation as the Opinion(s) may apply to other cases more readily once published.

The Opinion meets the standard for publication as authorized by CRC, Rule 8.1105(c) which provides that an opinion of a Court of Appeal or a superior court appellate division-whether it affirms or reverses a trial court order or judgment-should be certified for publication in the Official Reports if the opinion:

(1) Establishes a new rule of law;

(2) Applies an existing rule of law to a set of facts significantly different from those stated in published opinions;

(3) Modifies, explains, or criticizes with reasons given, an existing rule of law;

(4) Advances a new interpretation, clarification, criticism, or construction of a provision of a constitution, statute, ordinance, or court rule;

(5) Addresses or creates an apparent conflict in the law;

(6) Involves a legal issue of continuing public interest;

(7) Makes a significant contribution to legal literature by reviewing either the development of a common law rule or the legislative or judicial history of a provision of a constitution, statute, or other written law;

(8) Invokes a previously overlooked rule of law, or reaffirms a principle of law not applied in a recently reported decision; or

(9) Is accompanied by a separate opinion concurring or dissenting on a legal issue, and publication of the majority and separate opinions would make a significant contribution to the development of the law.

I contend the Court’s well-reasoned Opinion contained therein accordingly satisfy sub-sections 1, 2, 3, 4, 5, 6, and 8 as referenced above more specifically related to Sections I. sub-sections B, C, and D.

Section I.B. The Opinion clarifies that a homeowner “…has standing to challenge a foreclosure by an unauthorized entity.” Further, the Opinion clarifies that although a superior court may take judicial notice of documents that have been publicly recorded at a county recorder’s office, the “disputed or disputable” factual content of recorded documents is inadmissible hearsay. This meets the standard for publication per CRC, Rules 8.1105(c)(2, 3, 5, 6 and 8).

Section I.C. The Opinion establishes a new rule on the analysis of a chain-of-title as reflected documents publicly recorded at a county recorder’s office; as well as the analysis of each link in the chain-of-title as to whether a document can establish an unbroken or perfect link in the chain. The Opinion further clarifies that a plaintiff must allege facts that show the defendant who invoked the power of sale was not the true beneficiary. This meets the standard for publication per CRC, Rules 8.1105(c)(1, 2, 4, 6 and 8).

Section I. D. The Opinion establishes a new rule by distinguishing the two illegal types of wrongful foreclosures: procedural irregularities v. unauthorized foreclosure. This is an important opinion for these cases not previously popularized by other opinions clarifying the question of whether and/or when a homeowner must allege tender and/or prejudice. This meets the standard for publication per CRC, Rules 8.1105(c)(1, 2, 4, 5, 6 and 8).

Based on the foregoing, I respectfully request this Honorable Court publish the above referenced Opinion.

Respectfully submitted,

We encourage readers to post copies of the letters mailed to the court in the comments section of this post. Just to keep the courts honest!

Thank you to California Attorney Charles Marshall, Eva Sutton and Celia Salazar for their efforts to publish this important opinion.

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We were all damaged or were killed by this on purpose Rad dosing of the population by these Psychopaths

TOTAL GAMMA AND BETA RADIATION 2008 HIGHS No 14X
By Bob Nichols on April 22, 2017

Facing a Dying Nation
A big reason Americans know they suffered through such high Rads in 2008 is because the government counted the Beta particles radiation “excursions” from the killer reactors and nuclear weapons.

http://www.veteranstoday.com/2017/04/22/total-gamma-and-beta-radiation-2008-highs-no-14x/

High Gamma Count in 2008: 506,026 CPM in New York City.

High Beta Count in 2008: 4,601,174 CPM in Nashville, Tennessee.

Later the Beta Radiation Count was quietly dropped by the government just when we needed to know. We were all damaged or were killed by this on purpose Rad dosing of the population by these Psychopaths. The Rad is still going on, too.

This was premeditated murder. It is a simple murder charge under State laws. Rein in and execute these morons. This VT article is Evidence.

The Rad will continue to increase because that is what Rad does.The simple reason is some of the Uranium continues to decay to Plutonium. When that happens the Rad Count increases. Once set free, the change cannot be altered or stopped by anyone or anything.

There is nothing we can do to stop it. The Rad will take us all out. Yea, that includes all of us; plus the bugs and the fish driving around in the our air, lakes, rivers and oceans. The Rad also Nails the long lived remnants of the Dinosaurs; y’know … the birds. They don’t have a prayer.

All of us are included; none are left out. That is reality, anything else is just wishful thinking or a purposeful lie.

The possible number of readings in 2008 was 8,784. [24X366 = 8,784 Hourly Readings possible. 2008 was a Leap year.]

Bob Nichols, Veterans Today Columnist

Black Star shows tracks of Alpha particles in an Apes lung much like yours
Black Star shows tracks of Alpha particles in an Apes lung much like yours

Good Day! This is “Your Radiation This Week ” for the Radiation High readings for the year 2008. These are the recorded Total Gamma Radiation and Beta Radiation Highs that affected people around the States.

YRTW ELE is published every two weeks on Saturday. ELE is an acronym for “Extinction Level Event.” The amount of Rad in the air Now Dooms Humanity to a quick Extinction. I can’t say it any plainer than that. The next publication dates are May 6 and May 20, 2017.

Alert: The Table has changed: It is a VT Table and more capable, all columns are Sortable. Click on the triangle symbols to Sort. The entire article is protected by VT against CyberArmies and amateur hackers that might try to destroy or alter this article.

Table of Poisoned American Cities
Total Gamma and Beta Radiation
Per Hour High for 2008 CPM * City State
Show entries
Search:
GAMMA COUNT CPM CITY STATE BETA COUNT CPM
6,806 CPM, Charleston, WV. 292 CPM
9,852 CPM, Tucson, AZ. 249 CPM
7,507 CPM, Salt Lake City, UT. 248 CPM
33,834 CPM, Madison, WI. 219 CPM
8,284 CPM, Concord, NH. 215 CPM
7,557 CPM, Riverside, CA. 209 CPM
53,294 CPM, Providence, RI. 183 CPM
6,980 CPM, Los Angeles, CA. 169 CPM
14,826 CPM, Atlanta, GA. 166 CPM
6,591 CPM, Houston, TX. 141 CPMShowing 51 to 60 of 64

Coincidence, Right?
The massive real estate collapse started in 2008, too. Makes one think. Radiation poisoning of the movers and shakers is as good an explanation as any as to why it happened. Rad poisoning makes you stupid.

Have a wonderful radioactive weekend and remember to Dodge the Rads, it’s dangerous out there.

Resources
Eco Health Alliance interactive map of killer viruses
Your Radiation This Week channel on YouTube.com
Follow Bob Nichols on Blog, Twitter and Nichols on Nuclear playlist on YouTube now
Copyright by Bob Nichols @ 2017: Reproduce and distribute. Give full attribution to Bob Nichols at duweapons@gmail.com

Sources and Notes
The Radiation charts and graphs of the EPA. Individual queries can be built at the EPA RadNet Query Builder.
The EPA based reporting of NETC, an LLC.
These stations’ Radiation equals Total Gamma Radiation. Gamma Radiation Monitors are reporting publicly at all these locations.
CPM. “Although we can’t see it, taste it, smell it or hear it we can measure radiation and observe its effects. One way to measure radiation which the United States Environmental Protection Agency [EPA] has chosen to use on its radiation websites is in Counts Per Minute or CPM. Each Count is One Radioactive Decay.” Quote from the ‘Your Radiation This Week’ Apr 3, 2015.
Ape’s Lung showing Alpha particle tracks. Robert Del Tredici, At Work in the Fields of the Bomb [1987], plate 39.
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Two Million People Evacuate Due to Hurricane Matthew – Trump’s Response is INCREDIBLE!

trump hurricane matthew

Two Million People Evacuate Due to Hurricane Matthew – Trump’s Response is INCREDIBLE!

Two Million People Evacuate Due to Hurricane Matthew – Trump’s Response is INCREDIBLE!

Now officially a category 4 storm, Hurricane Matthew is about to be very bad.

Florida just called for the evacuation of millions of people from their homes, trying to keep them alive and safe.

Amid warnings from the National Weather Service that Hurricane Matthew could render Florida “uninhabitable for weeks,” thousands of coastal residents boarded up, packed up and hit the road for what could be a historic Category 4 or 5 blow to the state.

Thursday afternoon President Barack Obama declared a state of emergency in Florida, just hours after Florida Gov. Rick Scott said warrned that “this will kill you.”.

Amid warnings from the National Weather Service that Hurricane Matthew could render Florida “uninhabitable for weeks,” thousands of coastal residents boarded up, packed up and hit the road for what could be a historic Category 4 or 5 blow to the state.

Thursday afternoon President Barack Obama declared a state of emergency in Florida, just hours after Florida Gov. Rick Scott said warrned that “this will kill you.”

Donald Trump has issued an important response:

“Our thoughts and prayers go out to everyone in the path of Hurricane Matthew, namely in Florida, Georgia and the Carolinas, and we encourage everyone to listen to their governors and local emergency officials urging the evacuations of at-risk coastal communities.

These warnings are very, very serious — if your home is in the path of the hurricane and you are being advised to leave, you need to do so right now. Nothing is more important than the safety of your family.

“I would also like to offer my thanks to the law enforcement, first responders and power crews making the necessary preparations for the storm and carrying out their plans to help our communities survive and recover in the aftermath.

“I also want to extend my personal condolences to those families in Haiti who lost loved ones as this storm tore through their island. The news reports that over a hundred people are feared dead saddens us all, and the United States should offer our assistance to help our island neighbors.

“Please stay safe.” — Donald J. Trump

While Hillary Clinton is busy buying ads on the Weather Channel, Donald Trump is sounding like a real leader. This is 100% classy.

Read more: http://www.thepoliticalinsider.com/two-million-people-evacuate-due-hurricane-matthew-trumps-response-incredible/#ixzz4MM2NAvfM

Top Official: “Really concerned” over radiation release at US nuclear site

Top Official: “Really concerned” over radiation release at US nuclear site; Feds “have put a noose around scientific personnel”… they refuse to reveal crucial information about WIPP disaster — Investigators becoming suspicious — Nuclear Expert: “It sure seems like there’s a cover-up” (AUDIO)

 
Published: September 6th, 2014 at 5:16 pm ET
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http://enenews.com/top-official-really-concerned-nuclear-leak-investigation-feds-put-noose-around-scientific-personnel-refusing-reveal-crucial-information-about-radioactive-release-nuclear-expert-sure-like-cover-a?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ENENews+%28Energy+News%29 
 

The Santa Fe New Mexican, Sept 6, 2014: Flynn accuses feds of blocking WIPP probe — New Mexico’s top environmental regulator lashed out at the U.S. Department of Energy this week, accusing it of impeding the state’s investigation into [the WIPP] radiation leak… Secretary Ryan Flynn warned [about] Energy Department roadblocks that have protracted the probe… Increasingly in recent weeks, the federal Energy Department has thwarted attempts by the state… Flynn accused the Energy Department of muzzling scientists with crucial information about the waste…. [They] asked for documentnuclearation supporting the scientists’ observations [but] the Energy Department has repeatedly refused… his frustration with the Energy Department grew as its denials… became more frequent… The Energy Department’s refusal to provide information raised suspicions among Flynn’s investigators…

New Mexico Environment Department Secretary Ryan Flynn, Sept 6, 2014: “The problem is that Department of Energy headquarters back in Washington, D.C., is looking at this situation through a political or (public relations) lens, so they’ve put a noose around the scientific personnel who can answer our questions… there’s a willingness (by LANL personnel) to provide information [but] someone back at headquarters decides that no, they’re not going to provide that information to the state… it happens repeatedly, that’s when you start to get really concerned… they don’t provide certain information [or] make staff available… The more we investigate, the more we’re discovering at Los Alamos… the Department of Energy headquarters refuses to provide certain information.”

Greg Mello, Los Alamos Study Group, Sept 6, 2014: “[Not sharing this information] could be a danger signal for workers and the public. Mislabeling drums and withholding information can be criminal.”

The Santa Fe New Mexican, Sept 3, 2014: Review, relabeling of LANL waste raises questions about scope of problem… [Los Alamos National Laboratory’s] review of the incident has led to uncertainty over the volatility of hundreds of other drums… The lab notified state environment officials late last month that it was re-evaluating and relabeling as “ignitable” or “corrosive” the contents of 86 drums at LANL… The Department of Energy also is reviewing and relabeling more than 300… stored in WIPP’s underground… [This] raises questions about the scope of the problem that led to the leak at WIPP.

Chris Harris, former licensed Senior Reactor Operator & engineer, Aug 28, 2014 (at 22:15 in): “It sure seems like that there’s a combination of a cover-up, and a combination of slip-shot record keeping. Now there’s talk of whether they ditched those records after the fact or before the fact, but those records are nonexistent. One would expect really good records as to what is being stored, where it’s being stored, when it was put away, when it was stored, all that – every bit of information that one would expect to have in a nuclear storage facility and these are missing, there’s a lot of information.

Full interview with Harris here

 
Published: September 6th, 2014 at 5:16 pm ET
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  1. Officials: Leakage seen on “many” nuclear waste drums in WIPP underground — We think the seals have degraded — Public “should be concerned” about another explosion — 1,000s of radioactive drums now seen as too risky to move (VIDEO) June 13, 2014
  2. Expert: No one in world has ever dealt with something like WIPP disaster — Continuous release of radioactive material ’24/7′ to environment — Nobody knows when leaking will end — It’s a ‘major failure’ for so many people to be exposed — Gov’t yet to say if dump will open again (AUDIO) April 6, 2014
  3. Video: WIPP nuclear site may close for several years — Explosion in multiple drums suspected — “Very much a cause for concern” — Top official gives ‘fiery speech’ calling for public to be told what has happened — DOE refuses to name source of nuclear wasteMay 9, 2014
  4. WIPP Expert: Nuclear waste is getting out above ground — Plutonium / Americium found in “every single worker” on site when leak began — New Mexico officials ‘totally unsatisfied’ with lack of info from Feds — “We don’t know how far away it’s gone” — Continuing threat for long time to come (AUDIO) March 5, 2014
  5. Officials now admit over 500 barrels of nuclear waste at risk of bursting open — AP: 368 already at WIPP dump — “New Mexico sees ‘imminent’ danger” — State orders WIPP to prevent “health or environmental threat”; Must ‘permanently seal’ underground storage areas May 21, 2014