IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

[DIVISION 1]

JOSE CASTANEDA,
Defendant and Appellant,

vs.

CHRISTINA RAMIREZ et al,

Plaintiffs and Respondents.

CASE NO. B 222718

(Superior Court No. GC 042105)

Appeal from the Superior Court of the County of Los Angeles, No. GC 042105
The Honorable ________________, Judge.

APPELLANT'S OPENING BRIEF

Jose Castaneda
1377 Rutan Way
Pasdena, CA 91104
(626)296-9136

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1. INTRODUCTION

The question before this court is a simple and basic one: Did Judge Joseph DeVanon
obstruct, interfere, or refuse to allow representation to the defendant, at his court trial on the
Defendant’s case of Jose Castaneda? And then engineer the violation of his rights to
representation , to engineer a guilty or Predictive Verdict against him. The answer is “YES”!
The fact is that the office of COUNTS LAW FIRM was hired to represent me, but instead,
Attorney Counts, was “NOT” allowed to represent me, and later as time passed, he started to
work for the opposing party. This is not right. In fact, in a LACBA Arbitration Brief filed by
Mr. Counts in his own words, he admits or gives an omission on his own March 4, 2010
response, Counts stated, on PAGE 4, LINE 18, that: “HOWEVER, IN WHAT WE
BELIEVE WAS A JUDICIAL ERROR, THE JUDGE REFUSED TO ALLOW
COUNTS LAW FIRM TO SUBSTITUTE IN AS JOSE CASTANEDA’S ATTORNEY
AND REPRESENT HIM AT THE HEARING” So I lost my case on a “Judicial Error” as
stated by my Attorney, Mr. Counts?

OBSTRUCTION OF RIGHTS, VIOLATION OF RIGHTS, AND REFUSAL TO

ALLOW PLAINTIFF TO EXERCISE HIS RIGHTS IN HIS OWN DEFENSE.
PLAINTIFF WAS PRESENT AT HIS OWN LYNCHING!!!

Your Honor, the court lower improperly allowed the “trial” to continue and move

forward without “any” representation, and then “not” to even allow an extension when

the court denied his Attorney to represent him? This act or action of depriving the

defendant of proper representation violated his rights; but also created an engineered

and Predictive Verdict when my Attorney was not allowed to defend me! How is this

the defendant’s fault? I had legally retained Emahn Counts on February 11, 2010, to

represent me properly in Court. I have a contract, and monies were exchanged. Why

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 should I pay for representation in “OUR” Courts, if the Judge DeVanon would not

allow me to have proper representation before him? Why pay for an Attorney or ANY

Representation in a court of law, if the Justice will not let your own Attorney represent

me. This makes no sense! The Defendant wants to know if this is legal and proper.

Did the Judge with his order, set me up not to have a fair and just representation at his court
trial? On February 22, I was order to proceed without proper representation and had no
Opening Statements, any relevant Exhibits, no Closing Statements, no Witnesses, which will
prove that my rights, were violated, when my Attorney was not allowed to represent me.
When the court would not let my own Attorney represent me, I was told and explained that the
court designed this process to release the Attorney of any civil and vicarious liability, I would
lose my case, and my Attorney that was not allowed to represent me, would pay a “Kick-back
to the justice on the bench for releasing him. So I paid for an Attorney to represent me in a
court of law, where the Justice would “NOT” let the Attorney represent me. Not my Attorney
gets to keep my monies! Why come to court if you are going to be found guilty or lose your
case; before it even starts !? This act violted my rights, and a rights to affair hearing. This act
or actions is legal grounds for an Appeal.

Next, the Court website shows and displays that Attorney Counts submitted, and then
filed a Substitution of Attorney ON February 22, 2010. This is a lie. Is this the defendant’s
fault too, if Attorney Counts did not do this too ? How can the trial judge denied me proper
“Due Process” & then violate my inalienable rights as guaranteed and protected by the
Constitution of the United States by denying proper representation? How can Judge DeVanon
prevent me from hiring my own Attorney to represent at trial, and then refuse to let him do his
job to represent me! This is illegal and un-constitutional under The following Amendments of
the Constitution of the United States of America! To the Appellate Court, can a Justice in any
court kick out your Attorney that you have paid for representation, and kick your Attorney out

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of court so you can lose your case? I believe that the list of violations were violated against
Defendant by Judge DeVanon from exercising my rights, are as follows:

1) Under the 1st Amendment……. “and to petition the Government for a redress of
grievances”. When the Justice kicked- out my Attorney for a bribe, I lost my case. Is this legal?

2) Under the 5th Amendment “…..Nor be deprived of life, liberty, or PROPERTY,

without due process of law; nor shall private property be taken for public use without
compensation.

3) Under the 7th Amendment “….. to have compulsory process for obtaining witnesses in
his favor , and to have the assistance of counsel in his defense. This was not done or allowed,
so the Justice can come to a Predictive Verdict as purchased from opposing party. For proof
and to verify my complaint and charges… What court would not let your own Attorney in
court to represent you? This act or action makes no sense?

4) Under the 8th Amendment “…..nor cruel and unusual punishments inflicted”. My
Attorney was hired by Defendant, I paid for his services, but the Justice would not let him
defend me? It was a set-up to receive a Kick-back from the Attorney who was not allow to
represent me. Justice is “For Sale” in this courthouse!

5) Under the 9th Amendment “…..in the Constitution of certain rights shall not be
construed to deny or disparage others retained by the people”. Yet, this happen to defendant,
and now gives him “Grounds” for this Appeal!

6) Under the 14th Amendment “…..No state shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United States; nor shall any State
deprive any person of life, liberty, “OR PROPERTY”, without due process of law; nor deny
to any person within its jurisdiction the “EQUAL PROTECTION” of the laws. I did not have
“Equal Protection”, which violated my rights.

As a matter of law, the Court erred by not allowing Defendant’s counsel to represent
him which violated his rights and sabotaged his case for an Engineered Predictive Verdict that
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was purchased by opposing party. Appellant respectfully requests that this Court reverse the
errorneous decision made by the court, and to correct the trial’s court judgment that was
designed to release my Attorney, and deprive me from having representation. Also, while the
court is reviewing this complaint,

the defendant request the court to deem what the courts deems as necessary and proper.
Appellant further requests that further proceedings be transferred to the Probate Court as
required and prescribed by law, in Case GP 013952, Estate of Felicitas Castaneda. This case is
pending in the Probate Court. Until this Court of Appeals has properly adjudicated this
Appeals Case, and a final judgment has been made in the Court of Appeals, all other cases
pending should be mooted, because the Probate Court takes jurisdictional authority which
supersedes all other courts and their authority.

2. STATEMENT OF THE CASE

A. Nature of the Action and Relief Sought in the Court Of Appeals:

The Respondent and the Appellant are related to Felicitas Castaneda, an 85 year-old
mother, a United States Citizen that did not speak, write, or read English, who was slowly
dying of cancer, under heavy medication and was allowed to signed a DEED OF TRUST AND
A POWER OF ATTORNEY, on January 14, 2006? And then giving away her property, her
house, and over $70K without a translator as required and prescribed by law under Title VI of
the Civil Rights Act of 1964. Appellant seeks both legal and equitable relief from the Court of
Appeals. Be advised, Appellant has suffered great pain and suffering which has also
contributed to my mother’s quick death because of this unnecessary stress from counsel to
receive “Unjust Rewards”.

B. Summary of material facts.

Be advised that the case filed On August 14, 2007 by Attorney Chad T-W Pratt at
Pasadena Superior Court Case No. GC 039459, against Plaintiff in this case Ramirez for Quiet
Title, Conversion and Fraud; this case is “Related,” “Attached”, and “Bounded” together and
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“Connect” to case GC 042105, that is appealed before this Court of appeals, which makes this
a possible “Complex Case”. The case GC 039459 was Dismissed “With Prejudice”, and
according to Jack K. Conway due to yet, another “Judicial Error”, which Conway promised to
correct but never did or did it correctly.

Attorney Conway was responsible for this mess, which includes a series of error and mistakes
which I found out later that were intentional, so he can make more monies in the filing my case
for an Appeal, when he designed my case to lose! Just like Attorney Emahn Counts, did the
same judicial tactic, but instead of accepting or acknowledging the responsibility, they chose to
blame the court, and made it sound like it was the court’s fault, instead of his fault. Lisa
MacCarley prematurely took monies from my mother’s estate, which was illegal. When I
discovered this theft, she and her clients agreed to return the property and any additional
monies taken by her clients … Christina Evely Ramirez, Alonso Castaneda, Susana
Castaneda .

Prior to the death of my mother, and the filing of the Probate Case GP 013952 Estate of
Felicitas Castaneda; Attorney Lisa MacCarley had sent a letter to Chad T-W Pratt on
December 11, 2007, agreeing to settle the taking of funds from the estate in Case GC 030459,
and that MacCarely’s clients Evelyn Ramirez, Alonso Castaneda took prematurely, and that
they would sign over the transfer of property back to the Estate of Felicitas Castaneda.

In addition to this, Attorney MacCarley would discuss with her clients the illegal
“withdrawals” taken from my mother’s bank account of over $70,000.00 from Felicitas
Castaneda’s checking account. Your Honor, my mother is dying and her body is not even
“Cold” yet, and the Attorney and her clients are stealing monies from my mother’s checking
account! This is what the Appealant has to deal with. Anyway, they agreed to return the
monies back to my mother’s checking account that they took Prematurly. But then, this
agreement changed after my mother dies on February 26, 2008. This action for “Partition” was
filed on January 17, 2009, and still to this day, the monies was never returned as agreed!

C. Judgment/Ruling of Superior Court and Statement of Appealability.

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 The record of the court and according to Emahn Counts, in his brief filed in a Los
Angeles County Bar Arbitration Case No, M-068-10-DT. Mr. Counts states: “HOWEVER, IN
WHAT WE BELIEVE WAS A JUDICIAL ERROR,

THE JUDGE REFUSED TO ALLOW EMANHN COUNTS TO REPRESENT HIM IN

CASE”. How can this be allow, or even take place if I paid for his services? How can there be
a confusion regarding Defendant’s having proper representation, if I paid for his services? Was
it a Judicial Error, or was it a Judicial Manufactured, Engineered Predictive Verdict so that the
client for Lisa MacCarley could win, after payment was made when the court sold it’s decision
to the highest bidder?

Eleven days prior to this hearing, I, Jose Castaneda entered into an agreement with the
Law Firm of Emahn Counts to be represent him in Superior Court Case Ramirez v. Castaneda.
Instead of Attorney Counts representing me, Mr. Counts, Lisa MacCarley, Sonia Mercado, and
Jack K. Conway had other plans for my representation to be sabotaged to commit theft from
the defendant, and engineer the outcome of trial by setting me up for failure. My own
Attorney sabotage my case, to receive unjust rewards.

On February 22, 2010, the judge caugh on to the judicial scam and justice DeVanon
Stipulated the following: that “IF” the trial were to go forward, it would give Defendant”
GOOD GROUNDS FOR APPEAL”. Thereafter, LISA MACCARELY STIPULATED on
record of: “HAVING NO KNOWLEDGE OF MR. COUNTS REPRESETING DEFENDANT,
AND THAT MRS. MACCALEY WAS AVAILABLE THROUGH EMAIL, PHONE, FAX
AND CELL”. I, personally, send an email to Lisa MacCarley on February to inform her of Mr.
Counts representing me in this case. Clearly, Lisa MacCarley was lying to Judge DeVanon to
win her case. Why do Attorneys get to lie, to win their their case? Why? This is why I am
Appealing!

IN ADDITION, I was informed by Emahn Counts’ staff, Cory Counts, a relative of

counsel, through an email, that a fax had been sent to LISA MACCARLEY ON FEBRUARY
19TH 2010. So MacCarley did have knowledge, but chose to lie to win her case, and caused me
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to lose my case, that was based on her lie! Also, the billing statement of Mr. Counts confirms
the following:

“2/19/09, DRAFT AND PREPARE LETTER TO COURT. RECEIVED SIGNED SUB

OF ATTORNEY. AND SERVED OPPOSING COUNSEL AND FILED WITH
COURT.” If this statement is TRUE, Lisa MacCarley is a liar and perjurer. She states
anything to win her case, as allowed by the court, due to kick-backs to the justice on the bench!
Proof can be provided upon request, and by the justices violating Procedureal Law & Rules of
The Court.

Also, at the Hearing, an attorney that I had never met, appeared and told me that Emahn
Counts had hired him to show up in his place. This attorney then told me that the Judge did not
allow the Substitution because there was nothing in the Court website indicating of any SOA
being on file. The attorney whose name I was not provided then stated: “YOU ARE SHIT
OUT OF LUCK”, and that I would have to conduct the trial myself, in Pro Per. Your Honor, is
this fair? I was, without a doubt, set up to fail and lose this case. I had no opening statements,
had no exhibits, Mr. Counts had them all. I had a few that were presented at trial, and tried my
best to enter my evidence or exhibit, but the court refused and shut me down. Therefore, I had
no closing statements in a case. A case where an 85 year-old woman, that speaks Spanish only,
then all of a sudden, signs away her property , and then gives over $70,000.00 in cash, of her
monies?! Monies and property that are taken from my mother’s bank account? This is Theft
under Penal Code 484 & Grand Theft under Penal Code 487. This is the “SAME” case, where
LISA MACCARLEY AGREESS to transfer the property that was taken, “back” to Felicitas
Castaneda that MacCarley and Susana took illegally by lying and trick, and then only return
$5,000.00 dollars ONLY and not the full amount that was taken ? And In also Case GC
039459, Felicitas Castaneda v Susana Castaneda. These cases are joined or connected. These
cases stated above are clearly before this case being a PARTITION ACTION; was a case of
ELDER ABUSE, QUIET TITLE, CONVERSION, AND FRAUD. This was a plan to steal
from my mother ,that grew out greed, and out of a court case in 2005, where my brother’s
sued me based on a statement by Sonia Mercado, after taking monies from my mother’s
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account, tried to frame me because she was caught, and then tried to hide her theft of my
mother’s monies when she stated:

“IN FACT, DID JOSE TELLYOU THAT FOR AN ENTIRE YEAR MRS. CASTANEDA
WAS HOMELESS BECAUSE JOSE HAD “DEPLEATED” ALL THE FUNDS”. If my
brother had over 8.2 million dollars, how is it possible that I, Jose Castaneda can walk out with
the amount from the bank with SIX MILLION DOLLARS? To prove it was a lie, was the
amount in cash? In other words, 6 millions dollars would leave a trail! This is crazy, my life
has been destroyed , ruined, and the last years of my mother’s life was taken because she
worried about the monies that was being taken from her personal bank account, while she was
in the hospital and sick. With her children absent from her life, was a living hell of cruel pain
that quicken my mother’s death… and then the Attorney that took the money from my mother,
blamed me! To prove I am telling the truth, the party that claimed I stole the six million dollars
from my mother’s bank account to put the suspicion on me, never called the Police! Why? If
someone stole six million dollars, and made this accusation, why didn’t they call the Police;
instead of just blaming me. This makes no sense, and the court did not see this or put it
together?

D. Standard of Review.

The Court has a Code of Civil Procedure that w as not followed by Lisa MacCarley and
Rosanne DeRosa. The Court of Record had been informed and had knowledge of these cases,
being related or joined together. But the court ruled against having these cases bound, joined,
or tried together for purpose of clearing their calendar for lunch after accepting a bribe, and
were to lazy to question opposing counsel on how they knew six million dollars were taken
from my mother’s account. To show how dirty this court was, the court never asked the
opposing counsel on how they knew the petitioner took the six million dollars? Because the
court was paid to look the other way, nothing was ever questioned or clarified. The Police or a
District Attorney referral was never made by this dirty court, because the court knew it was a
lie too! How was I supposed to get a fair hearing from this courthouse that allows the theft of

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six million dollars, and never asks anyone for clarification? Of where the money went, or how
they knew it was stolen? Instead, it was just entered in court records that it was stolen, and
without a District Referral by the court!

3. ARGUMENT

The United States Constitution provides that all Citizens of the United States have a
right to DUE PROCESS under the 14th Amendent, and ‘the rule of law”. But this was not
done, or even allowed in this “dirty” courthouse due to bribes that influence the bench. The
justice on the bench should have given my former attorney Jack K. Conway in cases in BC
402096 and BS 118244 in the Court of Appeals, which is now case B223549, the Hon. Samuel
Paz and his wife, Sonia Mercado. If they were married, by law I was supposed to be notified)
Why come to court if the justice on the bench has made up his mind due to undue influences.
The Judge has a Fiduciary Duty to be an impartial arbiter in all proceedings; but Judge
Devanon was not. Why was the trial conducted without Defendant having proper
representation, which is the issue. Lisa MacCarley KNOWS and has knowledge, that the
GRANT DEED and POWER OF ATTORNEY, was illegal, because both documents were in
English, signed by Felicitas Castaneda. Thes legal documents are void, not legal, and were
done in English, where the party that signed these legal documents do not understand English.
The legal documents are invalided because TITLE VI of the Civil Rights Act of 1964 provides
that a Translator be provided to the non-English speaker as required and prescribed by law.

4. THE COURT ERRED IN NOT ALLOWING EMAHN COUNTS TO PRESENT THE

EVIDENCE OF RELATED CASE OF FINANCIAL ELDER ABUSE OF FELICITAS
CASTANEDA.
1) Why was case GC 039459 filed on August 14, 2007, it precedes this “Partition Action”,
“Dismissed with Prejudice” after Felicitas Castaneda dies? Why, if there was an offer to return
the property, monies ($5,000.00) to Mrs. Castaneda, why Did Lisa MacCarley offer to give

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back my mother’s property, and then refuse the offer when my mother dies. Also, be advised,
nothing was never in my mother’s own words, and my mother does not speak like this.

LETTERS FOR PROOF:

XXXXXX1) A letter from Lisa McCartley to former Attorney Chad T-W Pratt in a December
11, 2007 letter, to return the property that was taken, and to settle the case. If monies or
property was not taken illegal, why try and settle a case by trying to return the property that
was taken?

2) When was Lisa MacCarley retained to represent Plaintiff in this action, Defendant in
case above? Was MacCarley hired prior to November 15, 2007?
3) Why would Lisa MacCarley insert the GRANT DEED and POWER OF ATTORNEY
in a REQUEST FOR JUDICIAL NOTICE in Case GC 044745 Estate of Felicitas Castaneda v
Castaneda, in the last page of case filed in August 14, 2007, when these documents were
signed on January 14, 2006, a month after $70,000.00 are withdrawn from Felicitas Castaneda
bank account.
4) Why would Lisa MacCarley send Jim Schneiders and office worker, Yolanda Rivero to
translate for nurse, Felicitas Castaned does not Speak English; to the hospital bed of Felicitas
Castaenda on November 15, 2007, when Mrs. Castaneda had legal counsel, Mr. Pratt?
5) Why is there no response to lawsuit GC 039459 by Lisa MacCarley? Because Lisa
MacCarley was occupied in labeling Mrs. Castaneda unstable, insane, and in need of a
conservatorship instead of filing response.
5) Why submit a declaration of Gonzalo Castaneda and Susana Castaneda with FALSE
and misleading statements intended to mislead the justice on the bench. Specifically, the “visit”
that Susana Castaneda makes to hospital to see Felicitas Castaneda and Felicitas Castaneda
“confesses” that SONIA MERCADO is a wonderful attorney. BULL SHIT!

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5. EVEN THE RESPONDENTS ADMITTED THE RETURN OF THE PROPERTY IN
CASE GC 039459, BUT NOT OF THE $70,000.00.

6. THE PARTITION WAS FRAUDULENT ACTION WAS FILED AFTER QUIET

TITLE, FRAUD CONVERSION

CONCLUSION:

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 Because the Lower Court erred in not allowing Counts Law Firm to represent
Defendant at trial, it violated my rights to due process. Furthermore, the Lower Court failed to
rule by providing a continuance in this matter, by instead allowing Defendant additional time
for his newly hired counsel, February 11, 2010 to file the appropriate form and to notify
opposing counsel of Counts representation on this matter.

It was best for the Lower Court to have erred in the just case that Justice be allowed
than an injustice, as it occurred in this case. How can an 85 year-old woman, under heavy
medication, slowly dying of cancer, a non-English speaker, be allowed to sign the title of her
home and over $70,000.00 prior to her death? Why was the Case GC 03949 Castaneda v.
Ramirez, filed on August 14, 2007 “dismissed with prejudice” by former attorney Jack K.
Conway, instead of amending case? Mr. Conway claimed an “error” in the Court. How many
more manufacture Judicial Errors? All attorneys “game” the system. MacCarley, Conway,
Counts and Mercado “game” the system to receive unjust riches.

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