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42 U.S,C. 1983, Civil Rights Cause Of Action Against Orange County, State Of California, Sheriff Sandra S. Hutchens, Clerk Of The Court Alan Carlson, Kimball Tirey & St. John, Illegal Seizure, And Deprivation Of Property Without Due Process Of Law.
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Timothy L. Hirou
3021 Ravoli
Newport Beach, CA 92660
(949) 444-1723
In pro per
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
SANTA ANA DIVISION
IN RE TIMOTHY L. HIROU ) Case No.: ) ) ) ___________________________________) TIMOTHY L. HIROU ) Adversary Case No.: )
Plaintiff, ) COMPLAINT ) Vs. ) (Damages for Deprivation ) of Civil Rights) IRVINE COMPANY, A CALIFORNIA CORP.;) NEWPORT BLUFFS, L.L.C., A ) DEMAND FOR JURY CALIFORNIA L.L.C.; SANDRA S. ) HUTCHENS, ALSO KNOWN AS, SANDRA S. ) ANDERSON, DEBORAH BRAUN, ALAN ) CARLSON, COUNTY OF ORANGE, SUSAN E.) GREEK, KIMBALL, TIREY & ST.JOHN; ) AND DOES 1-100 ) )
Defendants. ) ___________________________________)
COMES NOW Plaintiff, TIMOTHY HIROU, In pro per, and for the
Complaint against Defendants, states as follows:
JURISDICTION AND VENUE
1. Petitioner filed a voluntary Chapter 13 petition on
, , commencing a reorganization case under Chapter 13, which is
pending and before the United States Bankruptcy Court for the Central
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District of California, Santa Ana Division.
2. The Civil Action is a civil proceeding related to the
Chapter 13 case. The Bankruptcy Court presiding over the Chapter 13
case, pursuant to the general reference with respect to Title 11
cases in the Central Disrict of California, Santa Ana Division and 28
United States Code Section 157, has jurisdiction of each and every
cause of action asserted in the Civil Action under 28 United States
Code Section 1334. All such claims and causes of actions have a clear
and direct impact on property of the estate under 11 U.S.C. § 541.
Resolution of the claims asserted in the Civil Action will
significantly effect the administration of the estate and would
involve the allowance or disallowance of the claims against the
estate, counterclaims by the estate, attempts to obtain the property
of the estate. All such proceedings are core proceeding under
Title 28 United States Code Section 157(A), (B), (C), (E), and (O).
3. Jurisdiction of this court arises under 42 U.S.C. 1983 in
sequence and seeking damages and redress be declaratory and injunctive
relief as well as the award of fees, if any, for the deprivation,
under color of state law, or rights guaranteed by the United States
Constitution and the First, Fifth and Fourteenth Amendments to the
United States Constitution and for related common law and statutory
claims under the laws of the Commonwealth of California. The Court
has jurisdiction over the Plaintiff’s state law claims under U.S.C. §
1367(a).
4. Venue is proper in the District pursuant to 28 U.S.C.
1391(b), because all of the Defendants reside or conduct business and
litigation within this judicial district and all of the claims
asserted by Plaintiffs arose within this District.
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THE PARTIES
5. Plaintiff, TIMOTHY HIROU is a natural person and the lessor
of the real property located at 3021 Rivoli, Newport Beach,
California.
6. Defendant IRVINE COMPANY, is a California corporation.
7. Defendant NEWPORT BLUFFS, L.L.C. Inc. is a California
L.L.C.
6. Defendant SANDRA S. HUTCHENS, ALSO KNOWN AS SANDRA SUE
ANDERSON, is the public officeholder Orange County Sheriff, and is
sued both in individual and official capacity.
7. Defendant DEBORAH BRAUN, is the officeholder of the
Supervisor, of the civil process division of the Orange County
Sheriff, and is sued both in individual and official capacity.
8. ALAN CARLSON is the public officeholder of the Clerk of the
Superior Court of the State of California County of Orange, and is
sued both in individual and official capacity.
9. Defendant KIMBALL, TIREY & ST. JOHN is a law firm
10. Defendant SUSAN E. GREEK is a natural person, an employee
of the law firm of, KIMBALL, TIREY, & ST. JOHN, and an lawyer in the
State of California.
11. COUNTY OF ORANGE, is a public county government of the
State of California.
11. The party or parties who make this Complaint were within
the jurisdiction of the United States of America and at all times
alleged herein. The Defendants are sued individually and officially.
FACTS COMMON TO ALL COUNTS
11. Each and every allegation set forth in each and every
averment of this Complaint is hereby incorporated by this reference in
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each and every other averment and allegation of this Complaint.
12. Each plaintiff was deprived of an interest protected by the
Constitution or laws of the United States, and defendants caused any
such deprivation while acting under color of state law.
13. All acts or omissions alleged to have been engaged in by
any defendant are alleged to have been engaged in with evil motive and
intent, and in callous, reckless, and wanton disregard to the rights
of any plaintiff.
14. Defendants SANDRA S. HUTCHENS, ALAN CARLSON, DEBORAH BRAUN,
and the COUNTY OF ORANGE knowingly, or grossly negligently, or
deliberately indifferently to the constitutional rights of persons
within the jurisdiction of United States of America, maintained or
permitted an official policy or custom of permitting the occurrence of
the types of wrongs set forth herein below, and, based on the
principles set forth in Monell v. New York City Department of
Social Services 436 U.S. 658 (1978), is liable for all injuries
sustained by any plaintiff as set forth hereinbelow
THE FACTS
15. I Timothy Lee Hirou declare under penalty of perjury that
the forgoing is true and correct regarding the factual statement of
events that have lead up to this imminent irreparable harm situation
that is looming before me and my entire family.
On August 6th, 2013 I filed my Chapter 13 Bankruptcy to afford me
the protection from the constant bombardment of creditors as a result
of the events that resulted in wrongful foreclosure and illegal from
me and my wife’s primary residence as well as preventing us from
receiving rental income fromm other properties that were also caught
up in possibly the biggest fraud in history that has been perpetrated
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against the citizens of the United States of America, namely the
“Securitized Trust Mortgage Backed Security Fraud” which almost
brought the entire financial world crumbling down in the 2008 and 2009
time frame. This issue is the subject of many documentaries and media
coverage. The two most well know are the movie titled “The Inside Job”
and the 60 Minutes Documentary titled “The Next Housing Shock” that
aired on 4/3/11.
The fraud perpetrated against my wife, my children myself is
effectively the worst form of a mugging that I can think of. Not only
was over a million dollars of cash taken from us (our down payments
and all the 100’s of thousands of dollars that were invested to
present these new construction properties as a “turn key product” to
buyers that interlopers are attempting to steal from us through
illegal activities), we have been prevented from obtaining rental
income from properties as a result of what has been proven to be
completely fabricated documentation that has every signature proven to
be a forgery as well as the alleged notary dates proving it could not
have possibly occurred the way it is documented to have occurred. I
respectfully direct the court to my wife’s old Bankruptcy Case 8:10-
bk-22617 docket item number 139(e.g. Testimony by Forensic Document
Examiner Eva Salzer). For the record, my wife bankruptcy case was
wrongfully dismissed due to Procedural Due Process Rights violations.
On 10/21/13 I filed a Notice of Stay of Procedings using Form CM-
180 with the Superior Court of California, Orange County Division in
case number 30-201300680758-CL-UD-HNB because I was served with a
notice that this Unlawful Detainer Case had been started by the law
Firm representing Newport Bluffs, LLC (e.g. Kimball, Tirey & St. John
LLP) the subdivision firm owned by the Irvine Company where I
currently am domiciled. Specifically, my current apartment residence
is 3021 Rivoli, Newport Beach, CA 92660 which is part of the Newport
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Bluffs Apartment Village Property controlled by Newport Bluffs, LLC
entity owned by the Irvine Company.
This shocked me because I had informed the on site property
manager Renee Doll that Kimball, Tirey & St. John LLP has made a
motion before the Honorable Judge Mark Wallace in my current
Bankruptcy Case 8:13-bk-16732-MW and they were denied with prejudice.
I informed her of this fact after the 14 day appeal period, knowing
that the order which the Honorable Judge Mark Wallace entered on the
docket on 9/23/13, docket item #8 had become Res Judicata. I explained
this to Renee Doll. She told me that she would communicate what I had
told her to “their lawyers”.
Early last week, November 13 at 2 AM in the morning, upon
returning from a business trip where I had to drive up to San
Francisco, due to monetary constraints preventing me from buying a
plane ticket, I found a “Notice to Vacate” affixed to my door, place
there by the Orange County Sheriff. After obtaining some much needed
sleep and conducting research, I went to the Orange County Sheriff
Department’s office at the Superior Court of California, Orange County
Division’s Harbor Justice Center located at 4601 Jamboree Road,
Newport Beach, CA 92660. I met with the acting Supervisor, Debbie
Braun and informed her that their actions were in vilolation of
Federal Bankruptcy Judge the Honorable Mark Wallace’s Res Judicata
Order to for Stay. I also informed her that the Superior Court case
had been effectively removed to Federal Bankruptcy Court Jurisdiction
on 10/21/13 when I personally filed CM-180 (e.g. “Notice of Stay of
Procedings”) along with a copy of the docket from my bankruptcy case
number 8:13-bk-16732-MW that showed the Honorable Mark Wallace had
denied the motion by Kimball, Tirey & St. John LLP with prejudice and
they did not appeal so therefore there is no way the Stay Order could
not be in full force and effect because it was Res Judicata at this
point. Please see my submitted Declaration about my Conversation with
Debbie Braun of the Orange County Sheriff.
After I met with Debbie Braun, I went to obtain a copy of the
“docket” (e.g. The California Superior Court Register of Actions) from
the clerk. Note: I had to pay for a copy because I could not obtain a
digital copy of the Register of Actions even using the computers
located in the Superior Court Clerk’s office. Upon studying the
Register of Actions, I also obtained a copy of the CM-181 Form
submitted by Susan E. Greek of Kimball, Tirey & St. John on 10/25/13
that stated the Stay of Honorable Mark Wallace had been lifted, thus
constituting perjury upon the California Superior Court, Orange County
Division, lying under oath. Note: This action had no force and effect
anyway because the California Superior Court case had been effectively
removed to Federal Bankruptcy Jurisdiction when I filed the Notice of
Stay of Proceedings in this California Superior Court case 30-
201300680578-CL-UD-HNB on 10/21/13 using CM-180. All of the pertinent
documentation substantiating this narrative is attached as Exhibit A. As a result of these recent illegal activities my family and I
are in imminent danger of suffering further irreparable harm by
literally being thrown out on the street.
I Timothy Lee Hirou declare under penalty of perjury that the
forgoing is true and correct regarding imminent irreparable harm based
on the conversation that I documented in my Declaration about my
conversation with Renee Doll, the on site property manager at Newport
Bluffs Apartment Village located in Newport Beach, California which
occurred this last Saturday, November 16th, 2013. In short, she told me
that I needed to be ready to be somewhere else because my family and I
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are going to be locked out tomorrow, Tuesday November 19, 2013,
despite my showing her that doing this would be in violation of
existing Federal Bankruptcy Court Stay Order signed by the Honorable
Mark Wallace in my Bankruptcy Case 8:13-bk-16732-MW.
If this happens, my family and I will suffer further irreparable
harm due to the disruption of my U.S. Constitutional 14th Amendment
Right to Procedural Due Process in this bankruptcy proceeding, and my
U.S. Constitutional 4th Right of illegal seizure of property, causing
further damage to my wife already failing health as a result of
increased stressed by being thrown out unto the street. My wife
suffers from an autoimmune disorder that caused bleeding of her lower
intestine when undue stress is inflicted up her person. The disruption
of Gastrointestinal Tract (GI Tract) necessitates that she remain
close to an accessible restroom that is clean and not potentially
contaminated with germs as in the case of public restrooms because in
addition to constant need to defecate, her overall immune system is
comprised. In fact, having to going to the hospital is a potential
very dangerous situation due to the common germs (staff and MRSA flesh
eating bacteria) that can infect her open sores (Dermatitis
Herpetiformis)which are also caused by her autoimmune disorder that
furthered by increased stress levels. In addition, our children’s
schooling will be disrupted as a result of having no stable living
environment. Lastly, my ability to earn a living to provide for my
family’s needs will be severely impacted as a result of my inability
to properly communicate with co-workers and colleagues in addition to
the amount of time that will be required for me to try and assuage the
emotional trauma that would be inflicted by 4 people living out of a 4
person car.
COUNT ONE
21. At all times the rights of persons within the
jurisidiction of the United States of America under Amendment IV, to
the United States Constitution to be secure in home, person, and
effects against unreasonable searches and seizures, as stated in
Soldal v. Cook County, Ill., 506 U.S. 56, 113 S.Ct. 538, 121 L.Ed.2d
450, (U.S.Ill. Dec 08, 1992)and any defendant engaged in conduct, as
set forth in averment 15, which violated those Fourth Amendment rights
thereby violated the Fourteenth Amendment to the United States
Constitution, and entitles any plaintiff to recover damages under the
authorization of 42 U.S.C. 1983.
COUNT TWO
21. At all times the rights of persons within the
jurisidiction of the United States of America under Amendment V, to
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the United States Constitution to the right to procedural and
substantive due process of law was in force and effect,
including the right to notice and opportunity to be heard. The
opportunity to present evidence, before an impartial tribunal having
jurisdiction of the cause, fundamental fairness, access to the courts,
The right to be free from arbitrary and capricious acts, (Williams v.
Tooke, 108 F.2d 758 (C.C.A.5 (Tex.),Jan 09, 1940))
And any defendant who violated those Fifth Amendment rights, thereby
violated the Fourteenth Amendment to the United States Constitution,
and entitles plaintiff to recover damages pursuant to 42 U.S.C. 1983.
Defendants conduct proximately caused harm to plaintiff.
DEFENDANTS SANDRA S. HUTCHENS, ALAN CARLSON, DEBORAH BRAUN, COUNTY OF
ORANGE has and fosters a policy in violating the Fourteenth Amendment
right to due process and took no action to correct it.
22. That as a direct proximate result of the acts and
ommissions of the DEFENDANTS, and each of them, PLAINTIFF has been
damaged in the amount of at least $20,000,000, according to proof at
trial.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs Timothy L. Hirou demand and pray for judgment to
be entered in their favor and against Defendants as follows:
1. On Count I, a finding that the acts and omissions of
DEFENDANTS, and each of them, was in violation of 42. U.S.C. 1983 and
is therefore contrary to law.
2. An Entry directing DEFENDANTS, and each of them to
A. Pay $20,000,000 to Plaintiff
B. Pay interest at the statutory rate from January 31, the date
of filing of this Complaint.
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3. An injunction on the continuing activities of DEFENDANTS
and each of them in the underlying matter.
4. Provide Plaintiffs any and all other relief that the Court
deems just and proper.
Dated: November 18, 2013
________________________________
TIMOTHY L. HIROU
PLAINTIFF, In pro per
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EXHIBIT “A”
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EXHIBIT “B”
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EXHIBIT “C”
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EXHIBIT “D”
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EXHIBIT “E”
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EXHIBIT “F”
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EXHIBIT “G”
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EXHIBIT “H”
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EXHIBIT “I”
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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF ORANGE:
I am employed in the County of Orange, State of California.
I am over the age of 18 and not a party to the within action;
my address is 210 White Cape Lane, Newport Beach, CA 92656.
On November 15, 2011, I served the foregoing document
described as:
COMPLAINT DAMAGES FOR DEPRIVATION OF CIVIL RIGHTS
on the interested parties in this action by placing true
copies thereof enclosed in (a) sealed envelope(s) addressed
as follows:
Office of the United States Trustee
411 West Fourth Street, Suite 9041
Santa Ana, California 92701-8000
Chapter 13 Trustee, Amrane Cohen
770 The City Drive South, Suite 3300
Orange, California 92868
I deposited this envelope in the United States Postal Service
Mail at Newport Beach, California. The envelope was mailed
with first class postage thereon fully prepaid.
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.
___ ______ ___________________________
Signature
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