1 JUSTIN J.

HARJO
19251 CAPITOL CIRCLE
2 HUNTINGTON BEACH, CA 92646
Cell- (714)262-0884
3 Email- Jharjo93@gmail.com

4 Plaintiff, IN PRO-PER

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Superior Court of the State of California
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For the County of Orange
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JUSTIN J HARJO ) Case No. 30-2019-01073055-CU-PO-CJC
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Plaintiff, ) NOTICE OF EX-PARTE APPLICATION AND EX-
12 ) PARTE APPLICATION FOR TEMPORARY
vs. ) RESTRAINING ORDER AND REQUEST FOR
13 ) ORDER TO SHOW CAUSE WHY A PRELIMINARY
TIMOTHY DAVID MACKLEY ) INJUNCTION SHOULD NOT ISSUE PROHIBITING
14 ) DEFENDANTS FROM SELLING REAL PROPERTY
CHERI LYNN MACKLEY ) PENDING TRIAL, MEMORANDUM OF POINTS
15 ) AND AUTHORITIES, DECLARATION OF JUSTIN J
MICHAEL GREGORY NUTTER ) HARJO, EXHIBITS ATTACHED HERETO
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and DOES 1-100 ) DATE:
17 ) TIME:
Defendants. ) DEPT:
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)
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)
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TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE THAT on 6/19/19 at 1:30 PM., or as soon thereafter as
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23 the matter can be heard, in Dept. ____ of the above-entitled Court located at 700 CIVIC CENTER

24 DRIVE W SANTA ANA CA 92701, Plaintiff JUSTIN J HARJO, will and does move the Court by
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ex-parte application for a Temporary Restraining Order and a request for an order to show cause
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why a preliminary injunction should not issue prohibiting Defendant(s) and or their agents,
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attorneys, and representatives, and all persons acting in concert or participating with them, from
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 1 selling, attempting to sell, or causing to be sold the parcel of real property identified in Plaintiff’s

2 complaint, as well as any other property owned by the descendant FRANKLIN H MACKLEY
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and/or the Elder abuse victim MARGARET C MACKLEY which is legally described in the
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complaint parcel numbers for the county of San Bernardino
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3068-101-06
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7 3068-101-07

8 3068-101-08
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3068-101-09
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Orange County properties not listed in the complaint pending amendment
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13 19251 CAPITOL CIRCLE, HUNTINGTON BEACH CA 92646

14 19262 CONGRESS CIRCLE, HUNTINGTON BEACH CA 92646

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19272 CONGRESS CIRCLE, HUNTINGTON BEACH,CA 92646
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AND PROPERTY LOCATED OUT OF STATE IN KINGMAN ARIZONA MOJAVE COUNTY
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19 2 PARCELS OF LAND

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Plaintiff Justin J Harjo makes this application pursuant to California Rules of Court 3.1150
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and 3.1200 et. seq., and Code of Civil Procedure § 527 on the ground that Defendants defrauded
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Plaintiff out of a vested interest in the Subject Property by fraudulently acting and filing false
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25 documents with the county recorder regarding the Subject Property to TIMOTHY DAVID

26 MACKLEY by undue influencing an elder and continues to have properties set to be sold and has
27 sold other vacant land
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 1 This ex-parte application will be based upon this Notice, the Memorandum of Points and

2 Authorities in support thereof, the files and records of this case, the declaration of Justin J Harjo and
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Exhibits attached thereto, and such other and further oral and documentary evidence as may be
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presented at the hearing.
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06/19/2019
Dated: ________________ __________________________________________
_____________________
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JUSTIN J HARJO
10 PLAINTIFF IN PRO-PER

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 1 MEMORANDUM OF POINTS AND AUTHORITIES

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STATEMENT OF FACTS
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This case involves a matter of elder abuse by undue influence with fraud, deceit, abuse of
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7 authority and misrepresentation. The Plaintiff has filed this complaint against three individuals with

8 those unknown as does 1-100. The Defendants TIMOTHY and CHERI are both related to the
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Plaintiff TIMOTHY by blood and CHERI through marriage. The third defendant Michael Gregory
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Nutter was and/or still is the corporate counsel for the elderly MARGARET C MACKLEY.
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The Plaintiff having good cause to show the commission of financial elder abuse against the
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13 elderly and descendant filed on 4/8/2019 for an Elder abuse restraining order which was filed against

14 TIMOTHY and later taken off calendar but is set for motion to reconsider on the 26th of June 2019.
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The Plaintiff was not given the opportunity to be heard or present his facts and exhibits to the court
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on May 20th 2019 in Dept. C-8 where the defendant TIMOTHY had arrived a few minutes late.
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The Plaintiff has since acquired a copy of a grant deed that was executed on the 20th of May
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19 2019 transferring real property into a trust MARGARET C MACKLEY TRUST 2019 .

20 the plaintiff alleges that the defendant TIMOTHY had taken the elderly to file those
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documents before the court hearing in case an order was obtained he would still have something in
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the trust thus making his arrival to court late.
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While the case was taken off calendar the Plaintiff believes with great reasonable cause that
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25 counsel NUTTER knowingly assisted in the commission of elder abuse and preparation of the real

26 estate documents or trust that is alleged to be in place.

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 1 Let it be known that a trust was already established in 2014 by MARGARET MACKLEY

2 Plaintiff is requesting ex-parte relief as they will suffer great and irreparable injury if the Court does
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not act immediately in that the interest of the deceased as well as the elderly and the Plaintiff. The
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rights or interest are being affected by the current missuses of one’s role and power and through a
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Power of Attorney and attorney client privilege.
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II
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CASE LAWS AND STATUTES
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W&I Code: 15657.03 “This section does not preclude petitioners right to use other civil
remedies”
14 W&I Code: 15657.03(b)(4)(c) “The Court retains broad authority to enjoin any specified
Behavior if the court determines it is necessary”
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W&I Code: 15610.30(a) “Expresses the basic broad definition of financial abuse that occurs When a
person or entity does any of the following
17 x Takes, secrets, appropriates, obtains or retains, any interest in real or
personal property for wrongful use or with the intent to defraud or both.
18 x Assist in doing any of the above described acts
19 W&I Code: 15610.30(b) “Provides that a person or entity ‘shall be deemed to have taken Secreted,
appropriated, obtained or retained property for wrongful Use if among other things the person or
20 entity knew or should have Known that the conduct was likely to harm the elder or dependent”
21 2. California code of Civil Procedure
22 x 377.32
x 383439.07(a)(2) Fraudulent transfers
23 x 527
x 527.9
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x 368
25 x 368.5
26 3. United States of America Codes:
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x 42 U.S. Code 3058
28 x 42 U.S. Code 3002(16)

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 1 x 34 U.S. Code 21701
x 34 U.S. Code 21711
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Table of cases
3 4. Ross v. Conway (1892) 92 Cal 2d 573, 581
5. Est. of Hobart (1940) 16 Cal 2d 573, 581
4 6. Est. of Mann (1986) 184 Cal App 3d 593
7. Odorizzi v. Bloomfield school distict (1966) 246 Cal App 2d 125
5 8. Cerra v. Blackstone (1985) 172 Cal App 3d 604,609 218 Cal Rptr.15
6 9. In Re: Estate of Lowrie (2004) 118 Cal App 4th 220,230

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