SANTA BARBARA COUNTY SUPERIOR COURT
321-M EAST COOK STREET BUILDING E SANTA MARIA CA 93454 5165 Under God's Highest Court, under God's Highest Government Court Case # ______________________ Thomas Demeter COUNTERCLAIM
Comes now alleged Defendant, Thomas Demeter and presents this Counter Complaint as per General district Court Rule Title 16.1, Chapter 6, section 88.01 fro the following reasons; 1 Governments in America have no authority over the use and enjoyment of Private Property. See The General Principles of Constitutional Law in the United States of America by Thomas M. Cooley, LL.D 2 The Fourteenth Amendment's Due Process Clause ìPrivileges and Immunities Clauseì extended the limitation of the Federal Bill of Rights to the State Governments. Including but not limited to the Due Process Clause of the Fifth Amendment of the United States Constitution ìPrivate Property shall not be taken without just compensation.î 3 the traffic citation which is the subject matter of this case constitutes a takeing of Private Property without just compensation in violation of the Due Process Clause of the Fourteenth and Fifth Amendments, by interfering with the use and enjoyment of Private Property. 4 All State Courts have jurisdiction to her a claim for remedy under Title 42, Section 1983 of the United States Code. 5 The Santa Maria Police Department acting as an agent of the State of California did not have standing to raise any type of an action against Private Property.a. When Challenged, standing, venue and all elements of subject matter jurisdiction, including compliance with substantive and procedural due process requirements, must be established in record. b. Facts of the case must be established in record. c. Unless stipulated by agreement, facts must be verified by competent witnesses via testimony (affidavit, deposition or direct oral examination.) d. The LAW of the case must affirmatively appear in record, which in the instance of a tax Controversy necessarily includes taxing and liability statutes with attending regulations (see United Staes of America V. Menk 260 F. Supp. 784 at 787 and United States of America v.Community TV. Incl. 327 F.2d 79 (10th Cir., 1964) e. The advocate of a position must prove application of law to stipulated or otherwise provable facts. f. The court, whether administrative or judicial, must render a written decision that includes findings of fact and conclusions of law. g. ìAll that Government does and provides legitimately is in pursuit of this duty to provide protection for private rights (Wynhammer V. People, 13 NY 378), which duty is a debt owed to its creator, WE THE PEOPLE AND The private unenfranchised individual; which debt is never extinguished nor discharged, and is perpetual. No matter what the Government/State provides for us in manner of convenience and safety, the unenfranchised individual owes nothing to the Government.î Hale v. Henke, 201 U.S. 43. CONCLUSION
Alleged Defendant demands a remedy in the form of a motion for judgment in the amount of $ 25,000.00 (twenty five thousand) dollars for the interference in the alleged defendant's use and enjoyment of the Private Property automobile, or in the alternative, the amount within the jurisdiction of this Court. The relief in equity in the nature of damages, which grew out of the transaction between the Alleged Defendant and a Government Official acting as an agent of the State in the above, noted traffic citation. Further, that this ticket be dismissed from the records and the Alleged Defendant's request of damages granted and any other relief of this Court deems fit. ___________________________ Tom Demeter C/o 120 N. Broadway #409 Santa Maria, California near 93454 Date____________________________ Back |