Amended request to file new litigation

REQUEST TO FILE NEW LITIGATION BY KENNY J SHILOH (amended request from June 22, 2019)

REQUEST MADE TO: CALIFORNIA COURT OF APPEALS-5TH DISTRICT 2424 VENTURA STREET FRESNO, CA 93721 APPEALS CASE #F078301/F078812 TRIAL COURT KERN COUNTY SUPERIOR COURT JUDGE STEPHEN SCHUETT 1415 TRUXTUN AVE BAKERSFIELD, CA 93301 TRIAL COURT CASE #BCV-16-101157

VL-110 ATTORNEY OR PARTY WITHOUT ATTORNEY NAME:

STATE BAR NUMBER:

FOR COURT USE ONLY

Kenny J Shiloh

FIRM NAME: STREET ADDRESS: CITY:

1067 East D Street

Ontario

STATE:

909-745-8167 E-MAIL ADDRESS: kennyshiloh@yahoo.com ATTORNEY FOR (name): sekf TELEPHONE NO.:

✖

CA

ZIP CODE:

91764

FAX NO.:

COURT OF APPEAL, 5th APPELLATE DISTRICT, DIVISION SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

2424 Ventura Street

MAILING ADDRESS: CITY AND ZIP CODE:

Fresno, CA 93721

BRANCH NAME:

PLAINTIFF/PETITIONER: Kenny J Shiloh DEFENDANT/RESPONDENT: Kennard Shiloh, et al OTHER:

REQUEST TO FILE NEW LITIGATION BY VEXATIOUS LITIGANT Type of case:

Limited Civil Family Law

✖

Unlimited Civil Probate

CASE NUMBER:

Small Claims Other

BCV-16-101157

1. I have been determined to be a vexatious litigant and must obtain prior court approval to file any new litigation in which I am not represented by an attorney. Filing new litigation means (1) commencing any civil action or proceeding, or (2) filing any petition, application, or motion (except a discovery motion) under the Family or Probate Code.

2. I have attached to this request a copy of the document to be filed and I request approval from the presiding justice or presiding judge of the above court to file this document (name of document):

Appeal of May 24, 2019 judgment

3. The new filing has merit because (Provide a brief summary of the facts on which your claim is based; the harm you believe you have suffered or will suffer; and the remedy or resolution you are seeking): Please see next page #3

4. The new filing is not being filed to harass or to cause a delay because (give reasons): Please see next page #4

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: 6-23-19

Kenny J Shiloh (SIGNATURE)

(TYPE OR PRINT NAME)

Page 1 of 1 Form Approved for Optional Use Judicial Council of California VL-110 [Rev. September 1, 2018]

REQUEST TO FILE NEW LITIGATION BY VEXATIOUS LITIGANT

For your protection and privacy, please press the Clear This Form button after you have printed the form.

Print this form

Save this form

Code of Civil Procedure, § 391.7 www.courts.ca.gov

Clear this form

#3 The judgment is vague. The court also never made a ruling on 5 listed defendants and failed to issue rulings on first, third, causes of action on third amended complaint in which County of Los Angeles answered second and fourth causes of action. The "amended" minute order created on July 5, 2018 is not a clerical error The Plaintiff was ordered by the court to file third amended complaint on April 6, 2018. The court never ruled upon the 9th cause of action on 3rd amended complaint. Due to no determination made on the merits, Plaintiff is allowed to re-file all causes of action so that the merits can be determined. (Wilson v Frakes (1960) 178 Cal.App.2d 580, 585, 3 Cal.Rptr) #4 The court deleted 5 litigants from the court docket. The Plaintiff is allowed to re-file first and third causes of action against all Defendants due to merits not being determined per Cal CCP 582. Second and fourth cause of action determinations are vague and does not address the more specific requirements of Cal. Rules of Court 1.100(c)(4), the Americans With Disabilities Act of 1990 and Cal CCP 56.36.A doctrine of res judicata cannot be invoked. A judgment on the merits is a mandatory prerequisite to applicability of that doctrine (Bernhard v. Bank of America (1942) 19 Cal.2d 807, 810, 813, 122 P.2d 892) TABLE OF CONTENTS PAGE 4: EXHIBIT A: The second amended complaint contained the list of Kennard, Michael and Patricia Shiloh, County of Los Angeles. Causes of action were violation of Cal CCP 56.36(c)(5) and the Americans With Disabilities Act of 1990. It also contains the original April 6, 2018 minute order requiring Kenny J Shiloh to make a third amended complaint.

PAGE 53: EXHIBIT B: County of Los Angeles responded to the Third Amended Complaint by stating that Plaintiff could not file due to being a “vexatious litigant.” County of Los Angeles claimed that Cal CCP 56.36(c)(5) and the Americans With Disabilities Act of 1990 claims were a “radical” change to the pleadings despite the courts oral April 6, 2018 ruling that those causes of action would be going to trial.

PAGE 65: EXHIBIT C: Shows the minute orders from 7-5-18 and 7-9-18 with the vague dismissals. The word “dismissed” is not determinative. (Moch v. Superior Court (1919) 39 Cal. App. 471 at pages 475-476 [179 P. 440]) PAGE 70 EXHIBIT D: Shows how the court allowed County of Los Angeles to reply to the “stricken” third amended complaint while the Defendants Kennard, Patricia and Michael Shiloh moved for dismissal of Plaintiff’s complaint for failure to make a third amended complaint which would have forced the Plaintiff to issue a meritless complaint.

PAGE 81 EXHIBIT E: Shows the judgment that is being appealed due to judicial fraud.

EXHIBIT A The second amended complaint contained the list of Kennard, Michael and Patricia Shiloh, County of Los Angeles. Causes of action were violation of Cal CCP 56.36(c)(5) and the Americans With Disabilities Act of 1990. It also contains the original April 6, 2018 minute order requiring Kenny J Shiloh to make a third amended complaint.

ELECTRONICALLY FILED 4/25/2018 3:45 PM Kern County Superior Court Terry McNally

By Maribel Villalon, Deputy

EXHIBIT B County of Los Angeles responded to the Third Amended Complaint by stating that Plaintiff could not file due to being a “vexatious litigant.” County of Los Angeles claimed that Cal CCP 56.36(c)(5) and the Americans With Disabilities Act of 1990 claims were a “radical” change to the pleadings despite the courts oral April 6, 2018 ruling that those causes of action would be going to trial.

EXHIBIT C Shows the minute orders from 7-5-18 and 7-9-18 with the vague dismissals. The word “dismissed� is not determinative. (Moch v. Superior Court (1919) 39 Cal. App. 471 at pages 475-476 [179 P. 440])

Superior Court of California County of Kern Bakersfield Department 10 Hearing Date:

07/05/2018 SHILOH VS SHILOH ET AL

BCV-16-101157 Honorable:

Stephen D. Schuett

Clerk:

Betsy Cardona

Court Reporter: Tara Cunha Bailiff: Deputy Sheriff Interpreter: Language Of: PARTIES: COUNTY OF LOS ANGELES, Defendant, not JOHN COLEMAN, Attorney, not present present COURT CALL, LLC, Lien Claimant, not present KENNARD SHILOH, Defendant, not present CRAIG BRAUN, Attorney, present KENNY SHILOH, Plaintiff, present Pro Se LIZA PEREZ, Defendant, not present MELVIN PENNY: DEPUTY WITH THE LOS ANGELES COUNTY SHERIFFS DEPARTMENT, Defendant, not present MICHAEL SHILOH, Defendant, not present CRAIG BRAUN, Attorney, present PATRICIA SHILOH, Defendant, not present CRAIG BRAUN, Attorney, present Plaintiff, KENNY J SHILOW appears telephonically via CourtCall.

NATURE OF PROCEEDINGS: DEMURRER TO THIRD AMENDED COMPLAINT; FILED BY DEFENDANTS, MICHAEL SHILOH AND PATRICIA SHILOH Hearing Start Time: 8:30 AM

The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above.

Tentative announced in open court.

Matter argued and submitted.

The Court makes the following findings and orders: Defendants' Demurrer to Third Amended Complaint is granted in part / denied in part. Demurrer is sustained without leave to amend as to the First Cause of Action. Demurer is sustained with leave to amend as to the Fourth, Fifth and Eighth Causes of Action. Plaintiff has Twenty (20) days from this date to file and serve amended complaint.

MINUTE ORDER Page 1 of 2 SHILOH VS SHILOH ET AL

BCV-16-101157

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EXHIBIT D Shows how the court allowed County of Los Angeles to reply to the â&#x20AC;&#x153;strickenâ&#x20AC;? third amended complaint while the Defendants Kennard, Patricia and Michael Shiloh moved for dismissal of Plaintiffâ&#x20AC;&#x2122;s complaint for failure to make a third amended complaint which would have forced the Plaintiff to issue a meritless complaint.

SUPERIOR COURT

Tamarah Harber-Pickens

Telephone 661-868-5393 1415 Truxtun Avenue

Clerk of the Superior Court

Bakersfield

CA

93301

JOHN COLEMAN

5/22/19

Case No.:

BCV-16-101 157

Case Name:

SHILOH vs SHILOH ET AL PROPOSED JUDGMENT

VIA E-FILE

Document:

The attached papers are being returned

D D D D

for the following reason(s):

D Check

#

Returned

This pleading does not appear to be for Superior Court, Kern County.

The attached document

is

an improper ex-parte communication and has not been considered by the Court.

Waive Court Fees must be submitted.

required or a Request to

Fee of $

Application for Waiver of Fees missing attachment(s):

D D D

Last three (3) paystubs, if employed.

months certified by Dept. of Corrections form 193) completed by the Dept. of Corrections indicating $3.00 fee to Dept. of Corrections has been paid or insufficient funds in the account to cover.

Does not conform to Rule 2.100-2.1 19, California Rules of Court, as to form and format.

EDD

Certified

Copy of Statement of Account

Trust Account Withdrawal Order form

for previous six (6)

(CDC

Superior Court case number is wrong, incomplete, or missing.

Consolidated matter: All consolidated case numbers must be listed in the heading with the lead case listed first.

Consolidated matter: Title

is

incorrect or missing parties.

Summons does Not an

original.

not conform to compIaint/cross-complaint/petition.

Copies are not acceptable.

Copies must be provided

if

endorsed copies are requested. Submit one original plus

copy(ies).

Does not conform to Kern County Local Rule/Code: Must use Mandatory Judicial Council form. is

not eligible for filing. Reason:

incomplete.

Item(s) # Missing required forms/attachment: Original Will DDDDDDDDDDDDDDDDDDDDDD

must be presented

Signature missing:

at the

time of filing petition.

‘

Date and place of execution not completed.

Document(s) must be verified.

Show date, time, and location of hearing pursuant to California Rules of Court.

The date you have noticed this matter is a Court holiday/weekend.

Acknowledgement of Receipt/Citation must be attached to the completed proof of service.

Attach Proof of Service on opposing party.

Correct Proof of Service:

Not appraised by

the Probate Referee.

Order/Judgment does not conform to the Court minutes.

Order page does not contain enough information regarding case; need at least three identifying information for order and case (short title case and case number).

ED

lines

of text with

Dismissal cannot be entered for the following reasons: Other: Please

remove Minute Order ruling from Proposed Judgment.

Tamarah Harber-Pickens

CLERK OF THE SUPERIOR COURT By:

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Deputy Clerk

ANY CORRESPONDENCE REQUIRING AN ANSWER FROM THE COURT MUST BE ACCOMPANIED BY A SELF—ADDRESSED STAMPED ENVELOPE LARGE ENOUGH TO RETURN DOCUMENTS Rev. l2/2017

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SUPERIOR COURT OF THE STATE 0F CALIFORNIA

FOR THE COUNTY 0F KERN

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KENNY J.

CASE NO. BCV16101157

SHILOH,

Judge Stephen D. Schuett/Department 10 Unlimited Jurisdiction County is Fee Exempt (Gov't Code §6103) Complaint filed 5/23/2016; First Amended filed 9/26/2016; Second Amended filed 1/25/2017; Third Amended filed 4/25/2018

'

Plaintiff,

v.

'

COUNTY OF LOS ANGELES, LOS

ANGELES COUNTY SHERIFF’S DEPARTMENT, AND DOE DEFENDANTS 1 TO 3,

[PROPOSED]

D efendams'

JUDGMENT 0N DISMISSAL

TO ALL PARTIES AND TO THEIR ATTORNEYS 0F RECORD: PLEASE TAKE NOTICE THAT on December 21,2018,

mqamauuacwmqaaxasrn;

aboye-entitled Court, the

LOS ANGELES, as to

Motion

for

Department "10" of the

Judgment oh the Pleadings filed by Defendant,

Amended Complaint, came on for Hearing before

Honorable Stephen D. Schuett, Judge Presiding. Pro Per Plaintifi‘, Kenny CourtCall. Kenneth Tanji,

moving party,

Jr.

of Coleman

J.

the

Shiloh, appeared via

& Associates appeared on behalf of Defendant and

COUNTY 0F LOS ANGELES.

Afier a review ofthe Moving, Opposing, and Reply Papers Argument from all

Parties, the

filed, and after taking Oral

Court Ruled and Ordered that theMotion‘for Judgment on the

Pleadings brought by Defendant,

COUNTY OF LOS ANGELES, is gxanted.

/// 1

[PROPOSED] JUDGMENT 4827-6614-3859,

COUNTY OF

the Second Cause of Action for Promissory Fraud; and Fourth Cause of

Action for Negligence of the Third NN'NNNNNNNHH‘HH

in

v. 1

0N DISMISSAL

A copy ofthe Court’s December 21 It

,

2018 Order/Ruling

is

attached as Exhibit A.

appearing by reason of said Ruling and Order of this Court dated December 21, 2018,

that the Defendant,

COUNTY OF LOS ANGELES, is therefor entitled to Judgment as against Pro

Per Plaintiff Kenny

J.

Shiloh in this Civil Action.

NOW THERFORE, 1T IS ORDERED, ADJUDGED AND DECREED that said Pro Per \oooq'cxu-AMNH

Plaintiff,

Kenny

IT IS

J.

Shiloh, shall take nothing

fiom Defendant, COUNTY OF LOS ANGELES.

FURTHER ORDERED, ADJUDGED AND DECREED THAT Defendant,

COUNTY 0F Los ANGELES, is entitled to an recoverable costs in the amount of $ with interest thereon

at the rate

of (10%) per

,

annum fiom the date of entry of this Judgment until

paid.

IT Is

so ORDERED.

Dated:

May

,

20 1.9 Honorable Stephen D. Schuett (Dept. 10) Judge of‘the Kern County Superior Court .

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2 [PROPOSED] JUDGMENT 4827—661 4—3859.

v. 1

.

ON DISMISSAL

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EXHIBIT A

Superior Court of Callfornla

County of Kern Bakersfield Departm'ent 10

Hearlng Date:

r

12/21/2018

Time: 8:30

' ~

SHILQH VS SHILOH ETAL

AM

-

12:00

PM

‘

BCV-16-101157 ~

Stephen

Honorable:

D. Schuett

Tara’

Caurt Reporter:

Cunha

Clerk:

Jessica Garcia

Bailiff:

Deputy Sheriff

PARfiES:

COUNTY OF L05 ANGELES,

Defendant, not

JOHN COLEMAN,

Attorney, not present '

present

COURT CALL, Fifth District

LLC, Llen Claimant, not present

Court of Appeal, Non-Party, not

present

KENNY SHILOH,

Plaintiff,

not present

Pro Se

Appearance telephonlcally by CourtCall by Kenneth Tanji on behalf of Defendant, County of Los Angeles Appearance telephoni_cally by CourtCalI by Kenneth Shiloh in ProPer J-IIII‘

NATURE OF PROCEEDINGS: MOTION FOR JUDGMENT ON PLEADINGS Hearing Start Time: 8:30

The above

entitled

AM

cause came on regularly on

this

date and tIme with parties and/or counsel appearing

as.

reflected above.

Matter argued by counsel and submitted.

The Court makes the following findings and orders: As to

Plaintiff's

Motion to Quash Service of Motion

for

Judgment on Pleadings

O

Court finds the Motion was not timely

filed.

The Court deems the Motion as a Response tp the Motion forJudgment on the Pleadings.

**t*#*¢*#*¥¥*#***#**!#******t*¥*fifi**t#l#*tt¥**t*t**it As to Motion on Judgment on the Pleadings Defendant's Motion for Judgment on the Pleadings

is

granted.

MINUTE ORDER Page 1 of 2 SHILOH VS SHILOH ET AL

8CV-16-101157

Vacate Jury

Trlal set

on 01/28/2019

Vacate Final Case Management set on 01/25/2019 Vacate Mandatory Settlement Conference set on 01/11/2019.

Counsel for Defendant to prepare Order/Judgment after hearing.

MINUTE ORDER FINALIE BY.

JESSICA

GARCIA

0N:

12/21/1018

MINUTE ORDER ‘

SHILOH VS SHILOH ETAL

Page 2 of2 ’

BCV-16-101 157

EXHIBIT E Shows the judgment that is being appealed due to judicial fraud. There is also an change of address that was issued to the court, and defendants on or about April 27, 2019. This exhibit also shows County of Los Angelesâ&#x20AC;&#x2122; mailing proposed judgment going to a different address other than what was filed with the court on or about May 21, 2019 which was never received by the Plaintiff. Therefore, the Fifth District Court of Appeals must vacate the judgment per Cal CCP 473(b)

uc.nan ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, 5[ate Ha,• rnrmbes; and addfess):

FOR COURTUSE ONLY

Kenny J Shiloh 825 N Euclid Ave Ontario, CA 91762 TELEPHONE NO.:

909-437-4578

FAX NO. (OpBone!):

E-MAIL ADDRESS (Optionel): ATTORNEY FOR (Nama):

SiJPERIOR COtIRT OF CALIFORNIA, COUNTY OF Kem

1415 Truxtun Ave

sTREETADDREss: MNLING ADDRESs:

Bakersfield, CA 93301 MetropOlitan

ciTYANoziPcoDE: eRANCH NAeeE:

CASE NUMBER:

PLAINTIFFlPETITIONER: Kenny J Shiloh

F078301/F078812 JUDicwL OFRCER:

DEFENDANTIRESPONDENT: Kennard Shiloh, et al

Schuett DEPi.:

NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

10

1. Please take notice that, as of (dafe): 4127/19

0 ✓ 0

the following se[f-represented party or the attomey for: a.

piaintiff (name): Kenny J Shiioh

b. 0 c. 0 d. 0

defendant (name):

respondent (name):

e.

other (descrrbe):

petitioner (name):

has changed his or her address for service of notices and documents or other cantact information in the above-captioned action.

0 A list of additional parties represented is pmvided in Attaehment 1.

2. The new addness or other oontact infonnation for (name): Kenny J Shiloh is as follows: a. Street: 1121 S Campus Ave b. City: Ontafio c. Mailing address

('1f dffferenf

from above):

d. State and zip cwde: CA 91761 e. Telephone number: f.

Fax number (if avaiiabie):

g. E-mail address (if avaiiabie): 3. AII notices and documents regarding the action should be sent to the above address.

Date: 4/27/19

Kenny J Shiloh (TYPE OR PRINT NAME) Form ApPrcwed for optanal Use wfbmia MC-040 DRev. Janary 11 20131

( IGNATURE OF PARTY OR ATl'ORNEY)

NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

page 1 oi2

Gal. Rules of Court, rules 2.200 and 8.916 ww.cotu7s.ca.gov

PROOF 0F SERVICE STATE OF CALIFORNIA ss

COUNTY OF LOS ANGELES

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I am employed at Coleman Associates, Lawyers, 210 South De Lacey Avenue, Suite 91 105, County of Los Angeles, State of California. I am over age 18 100, City of Pasadena, and not a party to the Within action.

CA

On May

£1

,

2019

[PROPOSED]

served the foregoing documents, described as:

I

JUDGMENT 0N DISMISSAL on all interested parties in this action.

X

By placing true copies thereof enclosed in sealed envelopes addressed attached mailing

g H

at

on the

Pasadena, CA.

am "readily familiar" with the firm' s practice of collection and processing correspondence for mailing. It ls the deposited with the U. S. Postal Service on that same day 1n the ordinary course of business. I am aware that on motion of party served, service is

r-l

presumed invalid if postal cancellation date or postage meter date after the date of dc os't for mailing an affidavit.

Executed on May 2019 at Pasadena, California.

H OJ

(BY PERSONAL SERVICE) on the SERVICE LIST

HA

Executed on

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May

,

2019

(VIA EMAIL SERVICE)

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addresses/offices on the

Executed on

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May

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delivered such envelope

Executed on

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May

.

,

is

more than one day

by hand to the addresses/offices

Pasadena, California”

Itransmitted this document electronically to the

SERVICE LIST 2019

at

Pasadena, California.

(VIA FACSIMILE SERVICE) I tranémitted this document addresses/offices on the SERVICE LIST

w

2019

electronically to the

a1 Pasadena, California"

FEDERAL

EXPRESS) Ithen deposited such envplope[s] 1n a box or other facility (VIA regularly maintained by Federal Express, an express service carrier, for overnight delivery with all delivery fees paid or otherwise provided for, for delivery t0 the addressees/offices

NG N id

on the

SERVICE LIST 2019 at Pasadena, Ca1ifornia..

May

Executed on

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as stated

caused such envelope to be deposited in the mail

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list, I

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(STATE) I declafe under penalty ofperjury the above is true and correct.

er the laws of the State

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4827-6614-3859. v.1

[PROPOSED]

JUDGMENT 0N DISMISSAL ‘

.

of California that

SERVICE LIST

KENNY J. SHILOH v. COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF’S DEPARTMENT, AND DOE DEFENDANTS 1 TO 3 Plaintiff in

Pro Per:

LATEST CONTACT INFO (AS 0F NOV. WMQQUIAMNH

l9, 2018)

Mr. Kenny J. Shiloh 825 N. Euclid Avenue

CA 91762 909 437-0578 kennyshiloh@yahoo.com

Ontario, Tel:

Plaintiff in

Kenny

J.

Pro Per:

Shiloh

14063 La Salle Ct.

Fontana,

CA 92336

909-734-8934 Email: kennyshiloh@yahoo.com Tel:

Kenny J. Shiloh

.

7216 Yates Street San Bemardino, CA 92404 Phone(909) 734-8934 Email: kennyshiloh@yahoo.com

Kenny J. Shiloh 1900W. Valley Blvd.

CA 92324

Colton,

A Mews

For

Defendants.

KENNARD SHILOH and PATRICIA SHILOH

V[A EM A] L: cbraun@dbmllp.com Craig N. Braun

DAKE, BRAUN

NNNNNNNNNHI—IHHa—nI—A

& MONJE, LLP

19TH Street, Second Floor Bakersfield, CA 93301 Tel: 661-322-0991 Fax: 661-322-0650

1626

-

[PROPOSED] 482766143859,

v. 1

4

JUDGMENT 0N DISMISSAL