On October 24, 2018 a
Complaint,Petition
was filed
involving a dispute between
Layman, Zeke,
and
Butte County Superior Court,
for (43) Unlimited Other Petition (Not Spec)
in the District Court of Butte County.
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Zeke Layman
P.O. Box 3662
Chico, Ca. 95927
Ph, (530) 566-1909 Superiof Court of California
Pro Se
F F
County of Butte
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SUPERIOR COURT OF CALIFORNIA
COUNTY OF BUTTE
ZEKELAYMAN
Petitioner,
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) PETITION FOR DECLARATORY
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BUTTE COUNTY SUPERIOR COURT ) DQILK, i (961'. Q
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Petitoner alleges;
1.
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Petitioner, Zeke Layman, is a citizen of California who filed a civil action
18cv02893 on September 5, 2018 in the above entitled case.
2. Respondent, Butte County Superior Court, vacated Petitioner’s civil case based
upon an Order dated September 6, 2018. See attached Exhibit A.
3. An actual and substantial controversy exists as to the validity of the Order entered
to vacate the civil case. No adequate remedy other than declaratory relief is available to settle
the controversy regarding the rights of Petitioner and duties of the Respondent:
(a) Petitioner contends the Court was negligent in following the Order entered and
denied petitioner his 1st, 4th and 5th amendment rights.
(b) Respondent contends the Order is valid.
Petitioner seeks a final declaration to settle the controversy as to whether Petitioner’s
Constitutional Rights are violated by the Order entered as follows;
4. Declare: Respondent was negligent in following the Order and caused irreparable
harm to Petitioner.
\OOO\IO\UIJ>DJI\JI--
Petitioner is beneficially interested in the issuance of this writ because his rights are being
infringed upon and he has been harmed by the Order.
5. Petitioner has no plain, speedy or adequate remedy in the ordinary course of law
other that the relief sought in this petition, in that he has no appeal right.
6. Petitioner is suffering irreparable harm for which monetary compensation would
not afford adequate relief.
7. Respondent’s action has damaged petitioner in the amount of $250,000.00 in that
petitioner has suffered great emotional distress, mental anguish and infringement upon his
constitutional rights.
WHEREFORE, Petitioner prays:
l. That the court declare Respondent was negligent in following the Order and
caused irreparable harm to Petitioner. .
2. Petitioner be awarded $250,000.00
3. For costs of the proceeding and for each other and further relief as the court
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deems just and proper.
Dated: 1'01'23
’ / /§/
OO\IO\LII-J>~DJI\J'—'O\OOO\IO\kll-I>WI\JHO
Zeke
ZJA
Layman,
$5M'
P'etitioyfei/
VERIFICATION
I, Zeke Layman, am the Petitioner in this matter. Ihave read the foregoing Petition and
know the contents thereof. The same is true of my own knowledge, except as to those matters
which are therein represented 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.
7
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Dated: Z
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Zeke Layman, Petitiongf
\\ §Sgagrior Court of Califomlafi‘
Carri! 01' Butte l
1‘
s.
E SEP 052018
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gantriggeézri Zlerk E)
SUPERIOR COURT OF CALIFORNIA
COUNTY OF BUTTE
Zeke Layman, Case No: 18CV02892
Petitioner,
‘
ORDER
vs
Butte County Superior Court,
Respondent.
The matter is taken off calendar today, as the need for an emergency hearing on the
l999 judgment has not been demonstrated, and the Appellate Division has not issued an OSCt
The matter will be submitted to the Appellate-Panel assigned teday and the Panel will
render a ruling, or set it for hearing, within 60 days.
\ Hon. Clare Kelthley, Presiding Judge
Appellate Division
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Butte County Superior Court
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Document Filed Date
October 24, 2018
Case Filing Date
October 24, 2018
Category
(43) Unlimited Other Petition (Not Spec)
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Zeke Layman P.O. Box 3662 Chico, Ca. 95927 Ph, (530) 566-1909 Superiof Court of California Pro Se F F County of Butte l l L 0C1 24 2"018 L E \OOO\IO\KJI-J>UJI\)>—I E D SUPERIOR COURT OF CALIFORNIA COUNTY OF BUTTE ZEKELAYMAN Petitioner, ) ) (fag-e: 5301/0 v 35 i2 ) PETITION FOR DECLARATORY vs ) RELEIF AND DAMAGES g 71M: yxooflm. BUTTE COUNTY SUPERIOR COURT ) DQILK, i (961'. Q 7/ 2 0/2 TB fl Respon d en t. 3%.} . 1 NNNNNNNNNr-lbdfifir-‘r-‘b-lr-lr-lb-fl g Petitoner alleges; 1. WQQM-hwwb-‘owooflaLII-wio Petitioner, Zeke Layman, is a citizen of California who filed a civil action 18cv02893 on September 5, 2018 in the above entitled case. 2. Respondent, Butte County Superior Court, vacated Petitioner’s civil case based upon an Order dated September 6, 2018. See attached Exhibit A. 3. An actual and substantial controversy exists as to the validity of the Order entered to vacate the civil case. No adequate remedy other than declaratory relief is available to settle the controversy regarding the rights of Petitioner and duties of the Respondent: (a) Petitioner contends the Court was negligent in following the Order entered and denied petitioner his 1st, 4th and 5th amendment rights. (b) Respondent contends the Order is valid. Petitioner seeks a final declaration to settle the controversy as to whether Petitioner’s Constitutional Rights are violated by the Order entered as follows; 4. Declare: Respondent was negligent in following the Order and caused irreparable harm to Petitioner. \OOO\IO\UIJ>DJI\JI-- Petitioner is beneficially interested in the issuance of this writ because his rights are being infringed upon and he has been harmed by the Order. 5. Petitioner has no plain, speedy or adequate remedy in the ordinary course of law other that the relief sought in this petition, in that he has no appeal right. 6. Petitioner is suffering irreparable harm for which monetary compensation would not afford adequate relief. 7. Respondent’s action has damaged petitioner in the amount of $250,000.00 in that petitioner has suffered great emotional distress, mental anguish and infringement upon his constitutional rights. WHEREFORE, Petitioner prays: l. That the court declare Respondent was negligent in following the Order and caused irreparable harm to Petitioner. . 2. Petitioner be awarded $250,000.00 3. For costs of the proceeding and for each other and further relief as the court [\QNNNMNNNNHir-A-l-dflwwwv-r deems just and proper. Dated: 1'01'23 ’ / /§/ OO\IO\LII-J>~DJI\J'—'O\OOO\IO\kll-I>WI\JHO Zeke ZJA Layman, $5M' P'etitioyfei/ VERIFICATION I, Zeke Layman, am the Petitioner in this matter. Ihave read the foregoing Petition and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein represented 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. 7 / Q/iQéjz 4 Dated: Z f/ Z-ebéa, il'b/IAM’W_/ ' Zeke Layman, Petitiongf \\ §Sgagrior Court of Califomlafi‘ Carri! 01' Butte l 1‘ s. E SEP 052018 é gantriggeézri Zlerk E) SUPERIOR COURT OF CALIFORNIA COUNTY OF BUTTE Zeke Layman, Case No: 18CV02892 Petitioner, ‘ ORDER vs Butte County Superior Court, Respondent. The matter is taken off calendar today, as the need for an emergency hearing on the l999 judgment has not been demonstrated, and the Appellate Division has not issued an OSCt The matter will be submitted to the Appellate-Panel assigned teday and the Panel will render a ruling, or set it for hearing, within 60 days. \ Hon. Clare Kelthley, Presiding Judge Appellate Division 20 Butte County Superior Court 21 22 23 24 25 26 27 28 '29 12w A