You are on page 1of 8
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO SAN BERNARDINO JUSTICE CENTER 247 W. 3RD ST SAN BERNARDINO, CA 92415-0210 CASE NO: CIVDS1801387 CLAUDIA ACKLEY P.O. BOX 176 CRESTLINE CA 92325 Notice of Status Hearing on Petition and Notice of Case Assignment for All Purposes IN RE: CLAUDIA ACKLEY-V-STATE OF CALIFORNIA Please take notice that the above-entitled case has been set for a Status Hearing on Petition at the above entitled court on 03/19/18 at 8:30 in Dept. S26 This hearing is set for the Court's monitoring purposes only and not for the determination of your petition. If a Notice of Hearing is filed, this status hearing date will be vacated. If no Notice of Hear- ing is filed and there is no appearance at the status hearing, your case may be set for an Order to Show Cause re:Dismissal THIS CASE HAS BEEN ASSIGNED TO DAVID COHN IN DEPARTMENT S26 FOR ALL PURPOSES. DATE: 01/18/18 Nancy Eberhardt, Interim Court Executive Officer By: MAYELA MARTINEZ CERTIFICATE OF SERVICE I am a Deputy Clerk of the Superior Court for the County of San Bernardino at the above listed address.I am not a party to this action and on the date and place shown below,I served a copy of the above listed notice by: () Enclosed in an envelope mailed to the interested party addressed above, for the collection and mailing this date, following ordinary business practice. () Enclosed in a sealed envelope, first class postage prepaid in the U.S. mail at the location shown above,mailed to the interested party d addressed as shown above, or as shown on the attached listing. Bea copy of this notice was given to the filing party at the counter () a copy of this notice was placed in the bin located at this office and identified as the location for the above law firm's collection of file stamped documents. DATE OF MAILING: 01/18/18 I declare under penalty of perjury that the foregoing is true and cor rect. Executed on 01/18/18 at San Bernardino, CA BY: MAYELA MARTINEZ 1 || Claudia Ackley P.O. Box 176 Crestline, CA 92325 Telephone: (951) 254-0369 Email: sasquatchclaudia@gmail.com FLL GCuror Petitioner Pro Per CORN BERNARON SUPERIOR COURT OF THE STATE OF CALIFORNIA Q g nm B00 ik au Bi FOR THE COUNTY OF SAN BERNARDINO 10 11 | CLAUDIA ACKLEY, CASENO. CIVDS1801387 12 Petitioner, 1B Iv. VERIFIED PETITION FOR TRADITIONAL WRIT OF MANDATE 14 | STATE OF CALIFORNIA; CALIFORNIA NATURAL RESOURCES AGENCY; [CCP §1085] 15 | JOHIN LAIRD, in his official capacity as Secretary of the California Natural 16 || Resources Agency, and STATE OF | CALIFORNIA DEPARTMENT OF FISH 17 | & WILDLIFE, 18 Respondents. ‘Comes now Claudia Ackley, Petitioner Pro Per, and, pursuant to California Code of Civil 20 Procedure $1085, files this Verified Petition for Traditional Writ of Mandate, as follows: INTRODUCTION 1. For over a hundred years, thousands of men and woman across the State of California 2 22 claim to have witnessed a bipedal hominoid creature that received its common name Bigfoot 60 24 25 26 years ago in a 1958 article in the California newspaper Humboldt Times. At the time, the article was considered to be groundbreaking and was published across the United States as well as. internationally, triggering a groundswell of interest in the topic. Indeed, this species was even 27 28 alluded to by President Theodore Roosevelt in his book The Wilderness Hunter, published in ‘VERIFIED PETITION FOR TRADITIONAL WRIT OF MANDATE 2ss214004 Cor Au awn 1892. Since thén Ph.D.s, wildlife biologists, police forensic officers and wilderness experts have been gathering physical evidence, film evidence and eyewitness testimony from doctors, judges, engineers, substantiating the existence of this species. 2. In spite of these overwhelming facts, Respondents have refused to acknowledge the existence of this indigenous wildlife species and are therefore derelict in their duty which by their ‘own “ Mission statement” is defined by the California Department of Fish and Wildlife as follows: “The Mission of the Department of Fish and Wildlife is to manage California's diverse fish, wildlife, and plant resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment by the public.” 3. In this petition, Petitioner leads a team of men and women who have dedicated their lives to the discovery and development of information regarding the Sasquatch. Like her, they know this man-like primate species currently resides in the forests of California, Together they bring to this Court overwhelming evidence that proves what will be considered one of the greatest discoveries of our time, and pray that Respondents will be ordered by this Court to accept and duly administer their legal responsibility to “manage” this wildlife species as itis the duty of ‘Respondents to ensure this species’ “habitat upon which they depend” remains intact “for their ecological values” as is expressed in the before-mentioned mission statement. 4, By Respondents’ denial of the existence of Sasquatch, Claudia and her colleagues” legitimate research of this real species is portrayed as illegitimate, thereby condemning it to the realm of the paranormal which, by Respondents’ official mission statement, destroys the right “to enjoyment by the public” by her and all the citizens of the State of California, 5. In addition, Respondents’ denial of this species puts the public's safety at serious risk. ‘Small groups of these giant primates exist in within the borders of the State of California. Since zero official research by Respondents has ever been conducted, citizens of the State of California are put at serious risk when confronted by a species that according to Respondents “does not exist”, These giant primates are potentially capable of inflicting great harm. The California Department of Fish and Wildlife Investigation’s Laboratory (the “Lab”) was established in 1941, and is mandated by California Fish and Wildlife Code §1008 to conduct wildlife disease ie ‘VERIFIED PETITION FOR TRADITIONAL WRIT OF MANDATE ween Cou 10 ML 12 13 14 15 16 7 18 19 20 21 22 23 4 25 26 27 28 investigations. No such investigation has ever been conducted by Respondents regarding this species. Over the years, the Lab’s responsibilities have increased to include the statewide investigation of all wildlife mortality events, studies and surveillance of diseases (enzootic and epizootic), wildlife health and condition monitoring, prevention of zoonotic diseases, wildlife rehabilitation, injured and nuisance wildlife, and safety training, all of which are Respondents? ‘mandated responsibility to the public. Respondents conduct thorough investigations of public safety pertaining to indigenous wildlife species throughout the State of California on such animals as mountain lions, black bears, coyotes, large exotic carnivores, and deer. But despite enormous widespread public outery, the Sasquatch has been ignored. JURISDICTION AND VENUE 6. This court has jurisdiction over this action pursuant to California Code of Civil Procedure §1085 7. Venue for this action properly lies in the San Bernardino Superior Court because Petitioner resides in San Bernardino County. THE PARTI 8. Petitioner Claudia Ackley (“Claudia”) is a citizen of the State of California who has been damaged by Respondents’ actions as outlined in this Petition. 9. Respondent State of California is an American state under which the California Natural Resources Agency is administered 10. Respondent California Natural Resources Agency (“CNRA”) is a state governmental agency and political subdivision of the State of California charged with the authority and duty to regulate and administer wildlife activities within its borders. Respondent also has the authority to legislate changes and policy within its jurisdiction, It is the lead agency responsible for public safety, education and awareness of all wildlife species residing within its borders. (Respondent California Natural Resources Agency, collectively with all other Respondents, is sometimes referred to herein as “Respondents”, 11, Respondent John Laird is the Secretary of the California Natural Resources Agency, 12. Respondent State of California Department of Fish & Wildlife (“CDFW”) is a mae VERIFIED PETITION FOR TRADITIONAL WRIT OF MANDATE Seow rane il 12 1B 4 15 16 7 18 19 20 21 22 23 4 25 26 27 28 division of the California Natural Resources Agency. STATEMENT OF FACTS 13. Respondents are, or ought to be, aware that the State of California is home to a large wild indigenous mammal, considered to be a giant hairy vertebrate, hominoid or primate, commonly known as Sasquatch, 14, The Sasquatch, hominoid or primate (Giganto Horridus Hominoid and/or Gigantopitheous) type of species is also commonly known as Bigfoot 15, There are knowledge gaps in respect of Sasquatch 16, Sasquatch is likely a species at risk, a threatened species, and/or an endangered species that very well may pose a threat to the health and wellbeing of the citizens of the State of California 17. Petitioner, who has years of knowledge and access to reputable scientists, has invested substantial financial resources devoted to Sasquatch study and research. 18. By contrast, Respondents, who have access to the same community of scientists, have done nothing to substantiate, acknowledge, or even investigate the existence of Sasquatch. 19, Petitioner asserts that Respondents committed an abuse of process by not treating her fairly, which includes Respondents’ not putting any decision or otherwise concerning Sasquatch in writing to her. 20, CDEW and CNRA have never acknowledged the existence of Sasquatch and consequently have treated Petitioner with an indignity to her fundamental human rights. 21. Petitioner alleges that Respondents infringed her fundamental human rights, including civil and political rights, on the basis of political or other opinion, 22. Respondent breached its wildlife stewardship responsibility by not recognizing and/or protecting Sasquatch in its legislation, regulations, or other wildlife management plans. 23. It is alleged that the Respondents committed a dereliction of duty pertaining to Sasquatch management and in effect was a restraint on individual conduct. 24, Asa result of this dereliction of duty and/or outright denial of the existence of Sasquatch, Petitioner's livelihood has been damaged, including her public image and credibility, ae VERIFIED PETITION FOR TRADITIONAL WRIT OF MANDATE 10 u 12 B 14 15 16 7 18 19 20 21 22 23 4 25 26 27 28 and her work has fallen into the realm of pseudoscience and/or paranormal; thus, rejected by mainstream broadcast and communications networks. 25. In addition, Petitioner is unable to take people out on wildlife viewing expeditions as a commercial recreational operator to view and interact with Sasquatch in the same way that paid guides take people out to see other wildlife in guided adventure tourism activities in defined operating areas because the public and/or government would conceivably perceive Petitioner's activities to be fraudulent due to Respondents’ denial of the existence of Sasquatch, which is an infringement of Petitioner's right to operate such a commercial recreational wildlife viewing enterprise 26. Petitioner is unable to fully impart information and ideas as to specific locations where Sasquatch sightings have been known to occur on the basis that there are no safeguards in place to protect the species, or indeed the public, from being injured or killed 27. By Respondents’ denial of the existence of Sasquatch, Petitioner's credibility has been diminished, her dignity has been damaged, she is ostracized, subjected to embarrassment and ridicule, and her right to establish a legitimate Sasquatch-based business, has been infringed upon. 28. Petitioner alleges that Respondents’ denial of the existence of Sasquatch is tantamount to an infringement of Petitioner's fundamental human rights, including freedom of expression, the right to freely impart information and ideas of all kinds, regardless of frontiers, and the right to be free of cruel and unusual treatment. 29, Sasquatch populations are put at risk due to Respondents’ dereliction of their legal duty. (CAUSES OF ACTION FIRST CAUSE OF ACTION (Against CDFW for Violation of Fish & Wildlife Code Section 1008) 30. Petitioner hereby incorporates by reference each and every allegation set forth above. 31. According to Fish & Wildlife Code Section 1008, the CDFW “shall investigate all diseases of, and problems relating to, birds, mammals, or fish, and establish and maintain E52 ‘VERIFIED PETITION FOR TRADITIONAL WRIT OF MANDATE Soar. itt 12 B 14 15 16 7 18 19 20 21 22 24 25 26 27 28 laboratories to assist in such investigation.” Respondent CDFW has dismally and willfully failed to uphold this duty, resulting in the damages set forth above ‘SECOND CAUSE OF ACTION (Against CDFW for Failure to Fulfill its Mandated Mission Statement) 32. Petitioner hereby incorporates by reference each and every allegation set forth above ‘The mandated mission of the California Department of Fish & Wildlife, as delineated on its website, is “to manage California's diverse fish, wildlife, and plant resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment by the public.” Respondent CDFW has dismally and willfully failed to uphold this mission, resulting in the damages set forth above. THIRD CAUSE OF ACTION (Against CNRA for Failure to Fulfill its Mandated Mission Statement) 33. Petitioner hereby incorporates by reference each and every allegation set forth above 34. ‘The mandated mission of the CNRA, as delineated on its website, is “to restore, protect and manage the state's natural, historical and cultural resources for current and future generations using creative approaches and solutions based on science, collaboration and respect, for all the communities and interests involved.” Respondent CNRA has dismally and willfully failed to uphold this mission, resulting in the damages set forth above, PRAYER FOR RELIEF WHEREFORE, Petitioner prays for relief as follows: 35. A writ of mandate commanding Respondents to recognize Sasquatch as a hominoid or primate (Giganto Horridus Hominoid and/or Gigantopithecus) type of species, also known as Bigfoot, and as an indigenous mammal living within the State of California. 36. A Declaration that Respondents infringed the constitutional rights of Petitioner as it relates to her concerns regarding Sasquatch, 37. A Declaration that Respondents committed a dereliction of duty, in regard to recognizing and protecting the Sasquatch species, a hominoid or primate, also known as Bigfoot. 38. For such other and further relief as the Court deems just and proper. “6 VERIFIED PETITION FOR TRADITIONAL WRIT OF MANDATE 10 it 12 B 4 16 17 18 19 20 21 22 24 25 26 27 28 DATED: January 18, 2018 Claudia Ackley By: Claudia Ackley, Petitioner Pro Per | VERIFICATION Thave read the foregoing Verified Petition for Traditional Writ of Mandate and know its contents. Tam a party to this action and I make this verification for this reason, I have read the foregoing document and know its contents. ‘The matters stated in it are true to my own. knowledge except as to those matters that are stated on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January18, 2018 at San Bernardino, California. Ciaidia Ackley Petitioner Pro Per age VERIFIED PETITION FOR TRADITIONAL WRIT OF MANDATE

You might also like