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DECLARATION AND REQUEST FOR RELIEF

RE: 56-2016-00490518-CU-CO-VTA
NOTICE OF EXIGENT CIRCUMSTANCES AND HARM BY MISFEASANCE AND
NONFEASANCE BY A PUBLIC OFFICIAL
PATRICIA M. MURPHY, in her official capacity as Presiding Judge of the Ventura County
Superior Court,
I write to you today for the reason that I have been injured by Hon. Kent Kellegrew as a result
of his negligence, and willful failure to perform the acts and duties as required of a public
official.
I filed a civil action on December 27, 2916, case no. 56-2016-00490518-CU-CO-VTA, by
cause of my BMW being stolen on the night of December 6, 2016. My account with BMW was
not in default, and BMW did not order the repossession of the vehicle. I have this in writing
from BMW.
Please see attached Declaration and Claim.
As you will see I provided everything needed for relief, including exhibits with certified mailing
receipts, fax confirmations, letters etc..
I came to the Superior Court of California for the County of Ventura with clean hands seeking
protection from irreparable harm and damage to my rights to title, and interest in my private
property and personal effects that were stolen by applying for an application for Ex Parte Writ
of Possession and TRO.
On the day of my first Ex Parte hearing, Hon. Kent Kellegrew stated that I provided everything
he needed except notice to the other party. I stated that I did not have time to do so because I
had just discovered where my property was located, and that it was scheduled to be auctioned
at 11:00am that day and urged him for the W/P and TRO, but to no avail.
So I returned home, gave AIMES notice via telephone and fax with Notice of Ex Parte W/P and
TRO, called the Judge's Assistant, received a reservation no., came back to the courthouse
and filed for another Ex Parte W/P and TRO hearing for the next day at 8:30am.
On the day of my second hearing Hon. Kent Kellegrew proceeded to tell me that he could not
issue me a Ex Parte W/P and TRO for the reason that a vehicle is not special.
I explained to him that I had read all the codes and that nowhere did it state that a W/P or TRO
only pertained to real property, and that a credit card (a peice of plastic that could be cancelled
by a phone call to the bank) is listed as an item eligible for an Ex Parte W/P.

He continued with an interesting theory that an Officer could be shot if he issued a writ for my
vehicle, and I stated that the Sheriffs sole purpose was to enforce orders of the court and
protect the property of we the people but to no avail.
My vehicle/private property was stolen without due process and I have the right to feel secure
in my person, houses, papers, and effects, against unreasonable searches and seizures.
I work in Los Angeles 3 days a week, and have lost 2 accounts due to this hardship.
I have a niece with special needs that I help my sister take to doctors visits, and I have an
elderly grandmother that I help by doing her housekeeping and running errands.
I had been denied access to my personal effects including a brand new stroller with car seat
that belongs to my cousin in the vehicle who was visiting me on the night my car was stolen,
my daughter's brand new Macbook Pro that I had just purchased for her for college, four brand
new run flat tires for $2700 that were just installed in November, along with custom racing
wheels that were nearly $6000 and many other valuables were in my vehicle.
I called the Ventura County Sheriffs Department and they told me they serve W/Ps on a
regular basis.
If this is true, why was I denied my rights to due process of law?
Sincerely,

Dated: January 3, 2016

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