Professional Documents
Culture Documents
1 A. PREVIOUS LAWSUITS
2 1. Responding to paragraph one, defendants do not have information
3 sufficient to admit or deny these allegations and on that basis deny the allegations
4 contained in this paragraph.
5 2. Responding to paragraph two, defendants admit that Michael
6 Smith was a party in the two federal cases numbered 03-00746 and 09-00901.
7 As for the balance of this paragraph, these answering defendants do not have
8 information sufficient to admit or deny and on that basis deny the allegations
9 contained in the paragraph.
10 B. EXHAUSTION OF ADMINISTRATIVE REMEDIES
11 1. Responding to paragraph one, defendants admit that plaintiff had
12 grievance procedures to which he could have availed himself.
13 2. Responding to paragraph two, defendants deny that plaintiff filed a
14 timely grievance. As for the balance of this paragraph, defendants do not have
15 information sufficient to admit or deny these allegations and on that basis deny
16 the allegations contained in the paragraph.
17 3. Responding to paragraph three, defendants deny that plaintiff filed a
18 timely grievance. As for the balance of this paragraph, defendants do not have
19 information sufficient to admit or deny these allegations and on that basis deny
20 the allegations contained in the paragraph.
21 4. Responding to paragraph four, defendants are unable to respond to
22 this paragraph because it fails to set forth any allegations.
23 C. JURISDICTION
24 Responding to the unnumbered section of C. Jurisdiction, defendants do
25 not have information sufficient to admit or deny the present address of plaintiff.
26 Defendants deny the balance of this paragraph.
27
28
Cummings, McClorey,
Davis, Acho
& Associates, P.C.
3801 University Avenue,
Suite 560
Riverside, CA 92501
-2-
__________________________________________________________________________________________________________________
Telephone (951) 276-4420 ANSWER TO PLAINTIFFS FOURTH AMENDED COMPLAINT
Facsimile (951) 276-4405
Case 5:14-cv-01413-VBF-DTB Document 97 Filed 11/23/16 Page 3 of 11 Page ID #:3376
1 plaintiffs understanding or belief as set forth in this paragraph and on that basis
2 deny the remaining allegations contained in the paragraph.
3 3. Responding to paragraph three as follows:
4 a. As to subparagraph 01, defendants admit that the court issued an
5 order on July 13, 2015. Defendants affirmatively state that the order
6 speaks for itself. Defendants admit that the fourth amended
7 complaint does not seek damages. Defendants do not have
8 information sufficient to admit or deny plaintiffs intentions in
9 seeking damages and on that basis deny the remaining allegations
10 contained in the paragraph.
11 b. As to subparagraph 02, defendants admit that the Eleventh
12 Amendment bars actions against the courts. Defendants admit that
13 the Superior Court is not a current party to this action.
14 c. As to subparagraph 03, defendants admit that the Eleventh
15 Amendment bars actions against courts, judges and some public
16 employees. Defendants do not have information sufficient to admit
17 or deny plaintiffs stated arguments and opinions and on that basis
18 deny the remaining allegations contained in the paragraph.
19 d. As do subparagraph 04, defendants are unable to determine the
20 meaning of plaintiffs term Family Law Court Defendants and their
21 attorneys. On that basis defendants do not have information
22 sufficient to admit or deny plaintiffs allegations and on that basis
23 deny the allegations contained in the paragraph.
24 e. As to subparagraph 05, defendants admit that the vexatious
25 litigant statute does not violate the Fourteenth Amendment in 1983
26 actions. Defendants deny the remaining allegations contained in the
27 paragraph.
28 4. Responding to paragraph four as follows:
Cummings, McClorey,
Davis, Acho
& Associates, P.C.
3801 University Avenue,
Suite 560
Riverside, CA 92501
-5-
__________________________________________________________________________________________________________________
Telephone (951) 276-4420 ANSWER TO PLAINTIFFS FOURTH AMENDED COMPLAINT
Facsimile (951) 276-4405
Case 5:14-cv-01413-VBF-DTB Document 97 Filed 11/23/16 Page 6 of 11 Page ID #:3379
1 PROOF OF SERVICE
2 Smith v. Superior Court, et al
CASE: EDCV14-01413 VBF (DTB)
3
4 I, the undersigned, declare as follows:
5
I am employed in the County of Riverside, State of California. I am
6 over the age of 18 years, and not a party to the within action. I am an
7
employee of or agent for Cummings, McClorey, Davis, Acho & Associates,
P.C., 3801 University Avenue, Suite 560, Riverside, California 92501.
8
9 On November 23, 2016, I served the foregoing document(s): ANSWER
OF DEFENDANTS, THE HONORABLE TANI G. CANTIL-SAKAUYE,
10 CHIEF JUSTICE OF CALIFORNIA AND MARTIN N. HOSHINO,
ADMINISTRATIVE DIRECTOR OF THE JUDICIAL COUNCIL OF
11 CALIFORNIA TO PLAINTIFFS FOURTH AMENDED COMPLAINT AS
MODIFIED BY THE COURTS ORDER OF OCTOBER 17, 2016
12 on the following party(ies) in this action addressed as follows:
13 MICHAEL WALDEN SMITH
14 74-801 HOVLEY LANE EAST, UNIT # 10776
PALM DESERT, CA 92255
15
16 [XX] (BY MAIL) I caused a true copy of each document, placed in a sealed
envelope with postage fully paid, to be placed in the United States mail
17
at Riverside, California. I am readily familiar with this firms
18 business practice for collection and processing of mail, that in the
19
ordinary course of business said document(s) would be deposited with
the U.S. Postal Service on that same day. I understand that the service
20 shall be presumed invalid if the postal cancellation date or postage
21 meter date on the envelope is more than one day after the date of
deposit for mailing contained in this affidavit.
22
23 [ ] (BY PERSONAL SERVICE) Each such document listed was delivered
by hand to each addressee listed by messenger service.
24
25 [ ] (BY OVERNIGHT DELIVERY) I caused a true copy of each document,
26 placed in a sealed envelope with delivery fees provided for, to be
deposited in a box regularly maintained by United Parcel Service
27 (UPS). I am readily familiar with this firms practice for collection
28 and processing of documents for overnight delivery and know that in
Cummings, McClorey,
Davis, Acho
& Associates, P.C.
3801 University Avenue,
Suite 560
Riverside, CA 92501
-10-
__________________________________________________________________________________________________________________
Telephone (951) 276-4420 ANSWER TO PLAINTIFFS FOURTH AMENDED COMPLAINT
Facsimile (951) 276-4405
Case 5:14-cv-01413-VBF-DTB Document 97 Filed 11/23/16 Page 11 of 11 Page ID #:3384