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James Alan Bush 471 East Julian Street San Jose, California 95112 (408) 791-4866 theoknock@yahoo.com Defendant in pro per

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA CIVIL DIVISION

Khoa Nguyen, Plaintiff, v. James Alan Bush, Defendant.

Case No. 1-12-CV-219272 NOTICE OF MOTION FOR RECONSIDERATION OF ORDER DENYING MOTION TO QUASH Hearing: April 4th, 2012 9:15 AM Department: 19 Judge: Hon. Socrates Manoukian Action filed: February 24th, 2012 Trial Date: Not set

NOTICE OF HEARING ON DEFENDANTS MOTION FOR RECONSIDERATION NOTICE IS HEREBY GIVEN that, on April 4th, 2012, at 9:15 a.m., or as soon thereafter as the matter may be heard, in Department 19 of the above-stated court, located 191 North First Street, in San Jose, Defendant, James Alan Bush, will, and hereby does, move the court for an order to reconsider the motion to quash service of summons This motion is made on the grounds that new circumstances exist that otherwise did not at the time the prior motion to quash service of summons was denied by this court. NOTICE PAGE 1 OF 2 1-12-CV-219272

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This motion is based on this notice of motion, on the declaration of plaintiff, on the attached exhibits, and the supporting memorandum served and filed herewith, on the records and file herein, and on such evidence as may be presented at the hearing of the motion.. Dated: April 4th, 2012 By: X James Alan Bush Defendant in pro per // // // // // // // // // // // // // // // // // // // // NOTICE PAGE 2 OF 2 1-12-CV-219272

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James Alan Bush 471 East Julian Street San Jose, California 95112 (408) 791-4866 theoknock@yahoo.com Defendant in pro per

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA CIVIL DIVISION

Khoa Nguyen, Plaintiff, v. James Alan Bush, Defendant.

Case No. 1-12-CV-219272 DECLARATION OF DEFENDANT IN SUPPORT OF RECONSIDERATION OF MOTION TO QUASH [Code Civ. Proc. 1008(b); Cal. Rules of Ct., Rule 3.1115] Judge Socrates Manoukian

I, James Alan Bush, hereby declare: 1. I am the defendant in the above-captioned matter. I have personal knowledge of the facts stated in this declaration, and if called to testify, I could and would testify competently to the truth of the facts as stated herein. 2. On February 5th, 2012, I filed in this court a notice of motion to quash service of summons. The motion was heard on March 9th, 2012, by the Honorable Socrates Manoukian. By order made and entered on that same day, the motion was denied. The court is requested to take judicial DECLARATION PAGE 1 OF 2 1-12-CV-219272

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notice of the aforedescribed order. 3. On March 15th, 2012, this court disqualified the presiding judge, namely, the Honorable Socrates Manoukian [see Exhibit B]. 4. Consequently, a new state of circumstances is now presented than was presented at the time the prior motion was heard and ruled on, in that it has subsequently been determined that bias existed on the part of the aforementioned judge in his decision-making at that time that could have prejudiced the case against the defendant. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on April 4th, 2012, at San Jose, California. Dated: April 4th, 2012 X James Alan Bush Defendant in pro per // // // // // // // // // // // // // DECLARATION PAGE 2 OF 2 1-12-CV-219272

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James Alan Bush 471 East Julian Street San Jose, California 95112 (408) 791-4866 theoknock@yahoo.com Defendant in pro per

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA CIVIL DIVISION

Khoa Nguyen, Plaintiff, v. James Alan Bush, Defendant.

Case No. 1-12-CV-219272 EXHIBIT A ORDER DISQUALIFYING THE HONORABLE SOCRATES MANOUKIAN, JUDGE OF THE SUPERIOR COURT

EXHIBIT A In support of the attached Motion for Reconsideration of Order Denying Defendants Motion to Quash Service of Summons, the defendant hereby incorporates as Exhibit A a copy of the disqualification order issued on March 15th, 2012, which disqualifies the Honorable Socrates Manoukian from presiding in this case. In his statement of disqualification, the defendant cited bias on the part of the aforementioned judge, which may have prejudiced his decision-making in his consideration of the prior motion. EXHIBIT A PAGE 1 OF 2 1-12-CV-219272

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT A PAGE 2 OF 2 1-12-CV-219272

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James Alan Bush 471 East Julian Street San Jose, California 95112 (408) 791-4866 theoknock@yahoo.com Defendant in pro per

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA CIVIL DIVISION

Khoa Nguyen, Plaintiff, v. James Alan Bush, Defendant.

Case No. 1-12-CV-219272 MEMORANDA IN SUPPORT OF DEFENDANTS MOTION FOR RECONSIDERATION Hearing: April 4th, 2012 9:15 a.m. Department: 19 Judge: Hon. Socrates Manoukian Action filed: February 24th, 2012 Trial Date: not set

SUPPORTING MEMORANDUM OF POINTS AND AUTHORITIES I. THE MOTION FOR RECONSIDERATION OF THE ORDER MADE HEREIN ON [DATE] BY THE HONORABLE SOCRATES MANOUKIAN DENYING THE DEFENDANTS MOTION TO QUASH SERVICE OF SUMMONS SHOULD BE GRANTED ON THE GROUND THAT, SINCE THE TIME THE ORDER IN QUESTION WAS ISSUED, THE FORMERLY PRESIDING JUDGE, NAMELY, THE HONORABLE SOCRATES MANOUKIAN, WAS DISQUALIFIED DUE TO THE LIKELIHOOD OF BIAS AND/OR PREJUDICE AGAINST THE DEFENDANT. A. Jurisdiction of Trial Court. A decision on a motion is not res judicata, and a trial court has jurisdiction to reconsider a prior MEMORANDA PAGE 1 OF 2 1-12-CV-219272

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MEMORANDA B.

rulgin or to entertain a renewal of a previous motion [Curtin v. Koskey (1991) 231 Cal. App. 3d 873, 876, 282 Cal. Rptr. 706]. Statutory Authority for Motion to Reconsider. Any party affected by an order made on application and refused in whole or in part, or granted, or granted unconditionally, or on terms, may, within 10 days after service upon the party of written notice of entry of the order and based on new or different facts, circumstances, or law, make application to the same judge who made the order to reconsider the matter and modify, amend, or revoke the prior order [Code Civ. Proc. 1008(a); see also Graham v. Hansen (1982) 128 Cal. App. 3d 965, 970, 180 Cal. Rptr. 604]. Dated: April 4th, 2012 By: X James Alan Bush Defendant in pro per // // // // // // // // // // // // // PAGE 2 OF 2 1-12-CV-219272