Courtney & Melody Gillespie

c/o P.O. Box 8323

Porterville, California

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF TULARE

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#: 10-237521

Courtney Gillespie,
Melody Gillespie,

Case

Plaintiffs.

AFFIDAVIT / DECLARATION OF PLAINTIFFS

Courtney & Melody Gillespie IN OPPOSITION
TO EX PARTE MOTION OF NICKLAS HOFFMAN
FOR AN ORDER TO SHOW CAUSE. ETC.

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-VS-

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Nicklas Hoffman,
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Et Al,
Defendants.

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l. Courtney & Melody Gillespie say & Declare as follows:

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We are called the ooPlaintiffs" in the above entitled Action.

3. We were witness to

&

have direct personal Knowledge of the following mattersl

we are competent to testify to the truth of the same if we are called upon to do
so;
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upon to testify.

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4.
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& we will so testify the following matters are true, if we are called

This Affidavit / Declaration is made in Support of our Opposition to the Ex Parte

Application of Nicklas Hoffman set for hearing on March 5, 2012.

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5. Affiants herein only received notice of the Ex Parte Hearing on the morning of March
AFFIDAVIT OF Courtney & Melody

Gillespie in Opposition to Ex Parte Motion of Niklas Hoffman -

4, when they discovered 2 pages attached to the front fence when Melody Gillespie
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arrived home from work in the Morning.

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6. Previous to this matter Affiants received the Notice by this Court that the next
hearing scheduled is a status conference on the pending Bankruptcy filed by
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Melody Gillespie in Eastern District Court Case #: 12-10986-B-7, which is scheduled

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for AprillT

2012, which

is next month.

7. STATUS REPORT ON BANKRUPTbY CASE:

As of the filing of today March 5,2012 the Stay is still in effect as far as Affiants
are aware and the Case is still active therefore

it is illegal &

unlawful for the

Court to entertain any proceedings on the merits of any Claims in this Case by
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either of the Parties,

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&

based upon that information

& the State of the Case

& Courtney Gillespie hereby Object to the Court hearing or considering

the Ex Parte Motion whatsoever, and move for an order removing it from the

Melody

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Courts Calendar.
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8. The only Notice served by Nicklas Hoffman & his Attorney Robert Fletcher
was 2 pages posted on the fence outside the property near the front gate on the

& it was

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morning of Sunday March 4, less than 24 hours prior to the hearing,

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only a copy of page

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Thereafter receiving said 2 pages , Courtney Gillespie went to his P.O. Box &

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received the Motion which was less than the required Notice, less than 24 hours

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before the hearing. There was no time to prepare a proper opposition to the said

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Motion, which is a Denial of State

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requires the Court to deny the Motion.

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of the motion, and a proof of service attached thereto.

&

Federal Due Process of Law, which

9. Nicklas Hoffman has committed numerous Counts of Perjury

in itself

in his Supporting

& other

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Affidavit filed with the motion which can be proven by witness testimony

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available Documentary evidence which there is no time to prepare on less than

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24 hour notice, for which this Court should continue the hearing to an

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evidentiary hearing

if

the Court intends to hear this Motion on the merits

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AFFIDAVIT oF Courtney & Melody

Gillespie in Opposition to Ex Parte Mobion of Niklas Hoffman -

at all, regarding which Melody & Courtney herein move for at

continuance so they can get Witness Affidavits together

least a 14 d,ay

to Rebut & Disprove the

Willing & Knowing False Statements & Perjury of Nicklas Arthur Hoffman.
IO. FALSE STATEMENTS

IN HOFFMANS AFFIDAVITz

The following Statements of Nicklas Hoffman in the Supporting Affidavit are

Demonstrably false & Perjury for which Hoffman should be Sanctioned with
Dismissal

of his

Cross Complaint, & iiined, if not Jailed by this Court for Contempt

of Court, & for Violation of the Courts prior Orders & the Purported Settlement
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Agreement

in this Case:

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The Statement by Hoffman at page 2,lines 17-19 under paragraph 2 of his

ooDeclaration"

is patently

false & Absurd on

its

face,

& is willing, knowing perjury

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on the part of Nicklas Hoffman

as

Hoffman knows Courtney has no power to

make the Edison Company do anything, just as he has no power to force

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Nicklas to pay

for his fair share of the electric bill. There was never any Notice

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or Warning mailed to Courtney Gillespie prior to the termination of the power,

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which again is not the fault

of Courtney

Gillespie

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& not within his power to

prevent, avoid, or change. Furthermore Nicklas has presented no proof or

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evidence

that Courtney Gillespie, or anyone else for that matter is legally

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required under the Laws of the State of California or the United States of
America to pay for the Electricity of Nicklas Hoffman, his family, & the two guests
/ employees he has living with him on his property, as well as

for his radio show,

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business, which he illegally operates

from his home, makes profits from

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State or Federal Income

&

pays no

Tax on by hiding the Proceeds in a bogus Trust which

is

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a serious State & Federal Crime, which is being addressed in the pending Rico
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LawSuitrecentlyfiledinEasternDistrictCourtofCalifornia,Case#:among other Serious Crimes Committed by Mr. Hoffman in the last several

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years, which Affiants herein Request the Court

to take Judicial Notice of

Pursuant to California Evidence Code Section 450-459. which establishes

as a

AfFfDAVfT OF Courtney & Melody Gillespie in Oppoeition to Ex Parte Motion of Niklas Hoffman -

matter

of Law that Courtney Gillespie had no Duty or obligation to pay for the

electric

bill of Nicklas Hoffman. It is very clear &

Hoffman would have paid his own electric

undeniable that

if

Nicklas

bill his power would still be on, & thu

he has no one to blame but himself for the situation he is now complaining
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about, which renders this Ex Parte Motion Frivolous

& without

any merit.

Hoffman had previously been given written Notice to start paying for his electricity,
after Courtney Gillespie has been paying his own electric bill and the Bill of

Nicklas Hoffman

for the last

several years

&

Nicklas has never paid his own

bill during all that time. The

Edison Company cut

Courtney could not pay the

Bill in time, which was an accumulated bill in the

off the power because

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amount of: $2000. Most ofthe

bill

was owed bvNicklas Hoffman,&so

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tlte Cause of the Power being cut wus due to Nicklas Hoffmans intentionsl
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failure to psv ltis fair share of the bill, as he has been intentionallv doing for
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manv vears now. while erytecting Courtnev to continue paving for Hoffmans
escalated Power
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bills to his iniurv & harm.

It is obviously not within the

parameters of either California or Federal Law for Nicklas Hoffman to expect

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someone else

to pay what

he, Hoffman, owes the Edison Company, then when

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Hoffmans
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bill is not paid by a third party Hoffman is able to place the blame

for ramifications of failure to pay the bill, on the third party, & skirt his

own

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responsibility for failure to pay the bill that he owed. There is a Maxim of Luw which
unplies to this matter,

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& this

& it is known ss the Clean Hands

Doctrine, which is found at Californiu Civil Code Section 3517, which states: "3577.

No one csn tuke advqntsge of ltis own wrong." a Plaintiff

into Court, which includes

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move
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precise situation.

&

can not c

Cross Complainant which Hoffman purports to be, &

request the court for Equitv or qn equitable remedy when the same

complainant has not done equity to the purtv thev are seeking remedv aguinst. In
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committing the numerous frauds, & criminal acts against Courtnev & Melodv Gillespie
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AFFIDAVIT OF Courtney & Melody

Gillespie in Opposition to Ex Parte Motion of Niklas Hoffman -

concerning the ssme tronsuctionas istheobiect of,both

of the oartiesActions in

this Cuse , Nicklas Hoffman is barred bv the Clean Hands Doctrine set out in Californis
Civil Code Section 3517 which expresslv states thut no one can take advsntage of their

own wrong, which is what Nicklas Hoffman is doing

bv

filing his cross complaint after

committing numerous frauds & crimes ogainst both Courtnev & Melodv Gillespie
concerning the land contract he purnorted to enter into with them, luring them bv

making fulse promises and representations which he never intended to fulfill, to the
detriment of the Gillespiets, as set froth in tlte Federal Rico Lsw Suit recentlv filed in

Federal District Court . in Fresno, Cttlifornia, from obtaining unv Remedv from this
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Court

& this Court

should so find

&

denv him snv Relief whatever.

2. fhe statement of Nicklas at page 3, lines 15-17 of his Declaration, wherein Nickla
states:

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" On

Thursdav

, March l,

2012

,I

wss informed for tlte lirst time that

the electric meter box had been sabotoged and rendered incapable

of having

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service restored
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testimonv

until repuired", is a blatant lie & knowing fabricution , as

will prove that it

in the morning.

& friend or

witness

was Nicklas Arthur Hoffman who, with his daushter

emnlovee, later

in the afternoon, which ever is the

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of

Werlnesdav the 29tt'

of

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first time esrlv in

the mornins around 10:30 u.m. & when he was tinped

off

bv

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his doughter that someone next door was watching him, Nicklas & his Daughter
Mattie took off back to their house. Thereafter uround 2:45-2:55 P.M.. being

seen

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three

rate witnesses . & wlten he thousht no one was lookin

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busted into the front fence of the Gillespiets nropertv, und then busted into tlte
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electric power panels and cut the wires, then when Melodv Gillespie cume home

Nicklss & His accomplice wltose nume is unknown at this time. ran awav from the
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propertv , whiclt was witnesses bv Melodv ss she came driving w) to tlte front gate
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& then called 911 for help. Nicklas was witnessed bv another
witness standing inside the fence qrea close to the nower pole & electric punels
of the

propertv,

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tolkine to someone on a cell pltone. It

wss later that dav when Courtnev

atived

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AFFIDAVIT OF Courtney & Melody Gillespie

in Oppoeition

to Ex Parte Motion of Niklas

Hoffman

home from work, that it was discovered after looking i+tto the nanels that Nicklas & his
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co-hort ltad cut ull the wires inside the panels. Now he sttempts to convince this
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Court that Courtney Gillesoie "sabotaged" the electric panels, on the next dsy, March
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l,

2012, committing Fruud upon the Court & upon Courtnev & Melodv. which can not

be allowed to stand. There are more false statements,

but there is not enoueh time to

complete this opnosition & therefore the Coart is herebv Requested for s continuance
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tu
14 davs to allow for prenaration of affidsvits

of all

witnesses to be filed

in Court for

Due Process of Law to take place ,& a fair importial determination bv this Court.
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-DECLARATIONWe, THE UNDERSIGNED do declare under penalty

of perjury under the Laws of

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THE STATE OF California that the foregoing is true and correct. Executed by our hands

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on this day, the-fifth-day-of the third-month-Two-thousand-twelve,

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/""^' /,
"rh-{e"----

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AFFIDAVIT OF Courtney & Melody GiJ-lespie

in Opposition to Ex Part,e Motion of Niklas Hoffman