HI&RH Empress Aubreé Dei Gratia©, Sui Juris

the natural living woman

c/o U.S.P.O. Postmaster, c/o temporary mailing location

PO Box Nine-Zero-Four-Five-Two, near San Jose,

at Santa ClaraCounty, on California, [zip code exempt]

DMM Reg., Sec 122.32, Public Law 91-375, Sec. 403

Tel: 408-830-6266

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SANTA CLARA

Appellate Division, Limited Jurisdiction

191 N. First St., SAN JOSE, CA95113

Aubreé Regina Dei Gratia©
Appellant and Plaintiff
vs.
WACHOVIA MORTGAGE FSB (dissolved corpora ficta)
Respondent/Defendant
Plaintiff/Appellant Aubreé Regina Dei Gratia© has an express copyright release from WestLaw, which is available for review upon request, and which authorizes her to use and make copies of case law and California code. / )
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)))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))) / Appeal Case No.: 1-14-AP-001825
Trial Court Case No.: 1-10-CV-179733
Dei Gratia© vs WACHOVIA
1)Appellant Aubreé Regina Dei Gratia©, the natural living woman takes a: Nihil Dicit Default, (A No Recourse Default in Admiralty, also called a Default With Prejudice in Admiralty), Against Judge Vincent J. Chiarello, For Failure To Specifically and Explicitly Answer Each Numbered Paragraph of the Objection to Judge Vincent J. Chiarello for Disqualification for Cause, As A Material Fact, With Either Admit, Deny, or Deny for Want of Knowledge In Accordance With C.C.P. 431.30, To Be Filed Instantor
Admitted Count 1: C.C.P. §§170.1(a), 170.1(a)(3)(A), 170.3(b)(2)(A), 170.3(a)(1), 170.3(c)(1): financial conflict of interest of Judge Vincent J. Chiarello with subject matter of proceeding (see j.n.e. Ex. 53 thru 56, investment in WELLS FARGO & COMPANY)
AdmittedCount 2: C.C.P. §§170.1(a), 170.1(a)(3)(A), 170.3(b)(2)(A), 170.3(a)(1), 170.3(c)(1): financial conflict of interest of Judge Vincent J. Chiarello with subject matter of proceeding (see j.n.e. Ex 53 thur 56)
AdmittedCount 3: 4th, 5th and 14th Amendments of the federal Constitution of 1787 As Perviewed by the States, Title 42 U.S.C. § 1983; C.C.P. §170.3(a)(1), 170.3(c)(1); Denial of Due Process; See Ex 50, 51, 52
AdmittedCount 4: Title 28 U.S.C. §455(a); C.C.P. §170.3(b)(2)(A), C.C.P. §170.3(a)(1), 170.3(c)(1); Affidavits of Truth Ex. 5 thru 11, Bias or Prejudice; See Ex 50 thru 56
AdmittedCount 5: Title 28 U.S.C. §455(b)(1); C.C.P. §170.3(a)(1), 170.3(c)(1); Affidavits of Truth Ex. 5 thru 11, Bias or Prejudice; See Ex 50, 51, 52
AdmittedCount 6: 14th Amendment to the federal Constitution of 1787 As Perviewed by the States, Title 42 U.S.C. § 1983; C.C.P. §170.3(a)(1), 170.3(c)(1); Denial of Equal Protection Under the Law; See Ex 50, 51, 52
AdmittedCount 7: Calif. Const. Art. 1 §§1, 7; C.C.P. §170.3(a)(1), 170.3(c)(1); Denial of Due Process and Equal Protection Under the Law; See Ex 50, 51, 52
AdmittedCount 8: Unreported and Undisclosed Acceptance of Bribes in Violation of PC §93; C.C.P. §170.3(a)(1), 170.3(c)(1); See attached email from county auditor, payment of bribes in exchange for quid pro quo pursuant to US Supreme Court case law herein, and Ex. 50
AdmittedCount 9: Bribery in Violation of Title 18 U.S.C. §201; C.C.P. §170.3(a)(1), 170.3(c)(1); See attached email from county auditor, payment of bribes in exchange for quid pro quo pursuant to US Supreme Court case law herein, and Ex. 50
AdmittedCount 10: Scheme to Defraud, Title 18 U.S.C. §1346; C.C.P. §170.3(a)(1), 170.3(c)(1); Ex. 51, 52, 53 thru 56
Note: See supporting judicially noticed supporting Affidavits and Auditor’s email
2)Memorandum
3) Incorporated by Reference as if fully incorporated herein: Case #1-07-CV-189409, SFPCU v. STEWART and cross complaint; j.n.e. Ex. 51, 52
4) Exhibit Email from Auditor on CountyBribes
5) Exhibit Affidavits of Truth regarding Bias
6)Exhibit Letter from the Comptroller of the Currency: Golden West deregistered as Trustee for mortgages prior to WORLD SAVINGS FSB mortgage origination, such that purported WORLD SAVINGS FSB mortgage of ANTHONY GUANCIONE III© was voidab initio, and lawfully and legally dissolved by Anthony V. Guancione III© prior to transfer of the land patent of the real property res to Plaintiff and Appellant Aubreé Regina Dei Gratia©.

Note to Court Clerk: 18 U.S. Code § 2071 –

Concealment, removal, or mutilation generally

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.

PLEASE TAKE NOTICE that HI&RH Empress Aubreé Regina Dei Gratia©,the natural living woman, takes a default to the objection, by Affidavit, to Judge Vincent J. Chiarello, due to disqualification for cause, based upon numerous reasons cited in the Affidavit below; and the caption above and takes a Nihil Dicit Default -- a no recourse default in Admiralty, also known as a default ‘with prejudice’ in Admiralty, on the Affidavit of Objection to Judge Vincent J. Chiarello due to disqualification for cause and the supporting judicially noticed evidence Exhibit #56 and additional exhibits submitted with or prior to and in support of the recusal, which are evidence under the evidence code, and which are established as truth and fact when unrebutted under the evidence code, and the email from the SANTA CLARA COUNTY Auditor (which is established as evidence under the evidence code and fact when unrebutted under the evidence code) attached to the Affidavit of Objection to Judge. This default is taken timely in that the judge is still in office and the clock does not start to run until the public servant leaves office. Judge Vincent J. Chiarello admitted to the truthfulness of each material fact stated in the Affidavit of Objection to Judge Vincent J. Chiarello for Disqualification for Cause pursuant to C.C.P. §§ 431.10, 431.30, that civil rights federal law Title 42 U.S.C. §§ 1983, 1985, 1988, C.C.P. §§ 170.1, 170.3; Title28U.S.C. §§455, 455(a), 455(b)(1), 455(b)(3), 455(b)(5)(i), 455(b)(5)(iv), Canons 1, 2, 3.B.6, and 6; FRCP Rule 7(b), Fed. R. of Evid., Rule 201, CALIFORNIA Penal Code §§ 92, 93, Constitution of the California Republic, the authorities cited in the memorandum herein, and Affidavits filed into Case #107-CV-189409, SFPCU v. STEWART and cross complaint, refiled as judicially noticed evidence into the instant case as Exhibits 51, 52; and as Judicially Noticed Evidence in UNITED STATES BANKRUPTCY COURT, NORTHERN DISTRICT OF CALIFORNIA, In Re: Rosalie Aubreé Guancione, Case 11-57656 ASW (previously served on Judge Vincent J. Chiarello); to recuse Judge Vincent J. Chiarello.

Appellant takes a Nihil Dicit Default toObjection to Judge Vincent J Chiarello for Disqualification for Cause

AFFIDAVIT OF HI&RH Empress Aubreé Regina Dei Gratia©

STATE OF CALIFORNIA)

)ss AFFIDAVIT OF TRUTH

COUNTY OF SANTA CLARA)

Comes now your Affiant, HI&RH Empress Aubreé Regina Dei Gratia©, the natural living woman, over the age of 18, who makes these statements under oath and after first being duly sworn according to law, states that she is your Affiant, and she believes these facts to be true to the best of her belief and first hand knowledge.

  1. Your Affiant makes this affidavit in the City of San Jose, county of Santa Clara, on August 17, 2015.
  2. Your Affiant statesand Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the facts described herein are true, complete and not misleading
  3. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the undersigned has first hand knowledge of all the facts stated herein.
  4. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the facts described herein describe events that have occurred within the COUNTYOF Santa Clara.
  5. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that HI&RH Empress Aubreé Regina Dei Gratia©, the natural living woman is a Secured Party, as recognized by the STATE OF NEW YORK in an official act pursuant to Federal Rules of Civil Procedure, rule 9(d), see judicially noticed evidence Exhibits 1, 2, 3, and 4 previously filed into this case and served upon all interested parties.
  6. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that HI&RH Empress Aubreé Regina Dei Gratia©, is a non-corporate, a non-combatant, private citizen and a real, mortal, sentient, flesh and blood, natural born living woman, who is living, breathing, and a being, on the soil, with clean hands, rectus curia.
  7. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the undersigned makes these statements freely, without reservation.
  8. Your Affiant statesand Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that if the undersigned is compelled to testify regarding the facts stated herein that the undersigned is competent to do so.
  9. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that Empress Aubreé Regina Dei Gratia©, has met with and been examined by Dr. Marshall Williams.
  10. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that Dr. Marshall Williams has an unrestricted licensed to practice medicine and surgery in the STATE OF CALIFORNIA.
  11. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that Dr. Marshall Williams is recognized as a competent medical authority by the STATE OF CALIFORNIA.
  12. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that Dr. Marshall Williams performed a physical examination on Empress Aubreé Regina Dei Gratia©, the natural living woman, on January 21, 2013.
  13. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that Dr. Marshall Williams determined that on January 21, 2013, Empress Aubreé Regina Dei Gratia, is living, and not deceased.
  14. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that Dr. Marshall Williams memorialized the results of his examination of the undersigned, as a living natural woman in a separate Affidavit incorporated by reference as if fully incorporated herein.
  15. Your Affiant statesand Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the physical examinations and Affidavits of Dr. Marshall Williams dated January 21, 2013, are unrebutted fact and truth that the undersigned is a natural individual, and a sentient living mortal human being.
  16. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that an all upper case formatted name applies only to vessels at sea, or; a deceased individual, and/or a deceased individual’s name on a tombstone, or; a corporation.
  17. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the aforementioned medical examination proved that an all upper case formatted name was misapplied to the undersigned, by the court.

Judge Vincent J. Chiarello admitted to the Truthfulness of the following Material Facts Regarding Pro Se/pro per Standards

  1. Your Affiant repeats, re-alleges, and incorporates by reference the foregoing paragraphs as if those paragraphs were fully set forth herein.
  2. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that Pursuant to the United States Supreme Court, Re: Haines v. Kerner 404 U.S. 519 at 521 (1972), pro se/pro per pleadings MAY NOT be held to the same standard as a lawyer’s and/or attorney’s.
  3. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that pursuant to the United States Supreme Court, Re: Haines v. Kerner 404 U.S. 519 at 521 (1972), pro se/pro per motions, pleadings and all papers may ONLY be judged by their function and never their form.
  4. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that pursuant to the United States Supreme Court, Re: Haines v. Kerner 404 U.S. 519 at 521 (1972), the undersigned is considered in pro per, also known as in proper persona.
  5. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that pursuant to the United States Supreme Court, Re: Haines v. Kerner 404 U.S. 519 at 521 (1972), pro se litigants complaints, pleadings and other papers are exempt from dismissal for form not function.
  6. Your Affiant statesand Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that pursuant to the United States Supreme Court, Re: Haines v. Kerner 404 U.S. 519 at 521 (1972), pro se Petitions cannot be dismissed without the court allowing the opportunity for the pro se litigant to correct the Petition.
  7. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that pursuant to the United States Supreme Court, Re: Haines v. Kerner 404 U.S. 519 at 521 (1972), the court MUST inform the pro se litigant of the Petition’s deficiency.
  8. Your Affiant statesand Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that pursuant to the United States Supreme Court, Re: Haines v. Kerner 404 U.S. 519 at 521 (1972), the court must instruct the pro se litigant on the necessary instructions.
  9. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that pursuant to the United States Supreme Court, Re: Haines v. Kerner 404 U.S. 519 at 521 (1972), the pro se litigant may introduce any evidence in support of his Petition.
  10. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the Court errs if the court dismisses the pro se litigants complaint without instruction as to how the pleadings are deficient and how to repair the pleadings. See Platsky v. C.I.A., 953 f.2d. 25.
  11. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the factthat Litigants' constitutional (inalienable and guaranteed) rights (given by God) are violated when courts depart from precedent, where parties are similarly situated. See Anastasoff v. United States, 223 F.3d 898 (8th Cir. 2000)

Judge Vincent J. Chiarello admitted to the Truthfulness of the Fact that the following are Governing Rules of this Case

  1. Your Affiant repeats, re-alleges, and incorporates by reference the foregoing paragraphs as if those paragraphs were fully set forth herein.
  2. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact, In the name of God, with the gaze of Our Lord, that Empress Aubreé Regina Dei Gratia© is appearing specially and not generally, vi et armis.
  3. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that your Affiant is claiming, exercising and invoking ALL RIGHTS, including but not limited to God granted Rights, inalienable rights, human Rights, and all Rights guaranteed and protected by the united States Constitution, the California Constitution, the Universal Postal Union Treaty and other unspecified International Treaties.
  4. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the undersigned is the Appellant in the case sub judice.
  5. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the undersigned is the Plaintiff in the trial court case that this appeal derives from.
  6. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the undersigned adapts and incorporates herein by reference as if fully set forth herein, the entire SUPERIOR COURT OF CALIFORNIA, County OF Santa Clara, Civil Unlimited Jurisdiction, Case 1-07-CV-189409, SFPCU v. STEWART and cross complaint.
  7. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the incorporation by reference is not limited to, all Minute Entries, Rulings, Calendared hearings, Transfers/Referrals by court and/or clerk, removals, and Orders, the entire docket.
  8. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the undersigned submits the following facts, law and authority as basis for and in support of this pleading.
  9. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the instant case is governed by, inter alia, the Federal Rules of Civil Procedure and, inter alia, the Federal Rules of Evidence and, inter alia, the United States Code and, inter alia, the united States Constitution of 1787 and, inter alia, the amendments thereto including the original 13th Amendment and, inter alia, the California Constitution and, inter alia, the Treaty of Paris of 1781 and, inter alia, the Hague Convention and, inter alia, the Universal Postal Union Treaty and, inter alia, ALL other human rights treaties and, inter alia, the Affidavit Memorializing Conversations Regarding Self Disqualification of Judges in County of Santa Clara, and inter alia, the Affidavit of Nihil Dicit and of Tacit Agreement filed on or about 35 days later. all estoppels on government agencies and/or agents, and others and, inter alia. These Rules and Laws have not been abrogated.

Judge Vincent J. Chiarello admitted to the Truthfulness of each of the following Material Facts as STATEMENTS OF FACT

  1. Your Affiant repeats, re-alleges, and incorporates by reference the foregoing paragraphs as if those paragraphs were fully set forth herein.
  2. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the aforementioned medical examinations prove that an all upper case formatted name was misapplied and misattributed to the undersigned, a natural living woman, and not a deceased person, legal fiction, or a vessel at sea, by Judge Vincent J. Chiarello.
  3. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the all upper case name was applied to fraudulently capture jurisdiction over the undersigned, by a corporate court, that deliberately misconstrued the undersigned as other than a natural living woman.
  4. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the all capitalized format of the undersigned’s name in all the court correspondence, in the instant case, indicates that the undersigned is no longer among the living.
  5. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that the undersigned is NOT deceased.
  6. Your Affiant states and Judge Vincent J. Chiarello admitted to the truthfulnessof the fact that he used the all capitalized format for the undersigned’s names.
  7. Your Affiant states and Judge Vincent J.