FILE ON DEMAND - Scanned Retina – A Resource for the ... · Web viewand Secured Party Creditor. c/o U.S.P.O. Postmaster, c/o temporary mailing location PO Box Nine-Zero-Four-Five-Two,

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Empress Aubreé Regina Dei Gratia©, the natural living womanand Secured Party Creditor.c/o U.S.P.O. Postmaster, c/o temporary mailing location PO Box Nine-Zero-Four-Five-Two, near San Jose, at Santa Clara County, on California, [zip code exempt] DMM Reg., Sec 122.32, Public Law 91-375, Sec. 403Tel: 408-830-6266

SUPERIOR COURT OF CALIFORNIASUPERIOR COURT OF CALIFORNIA

COUNTY OF SANTA CLARATraffic Division, Admiralty Law Form

Mailing address: 191 N. First St., SAN JOSE, CA 95113Physical Address: 1095 Homestead Road, Santa Clara, CA 95050

PEOPLE OF THE STATE OF CALIFORNIA,Plaintiff,

vs.

ROSALIE GUANCIONE©Defendant

________________________________/

Note: Misconstrued Defendant Empress Aubreé Regina Dei Gratia©, the natural living woman, though not a BAR member, has an explicit copyright release from WestLaw for both caselaw and the use of the California Codes.

Note: Misconstrued Defendant Empress Aubreé Regina Dei Gratia©, the natural living woman, was determined to be a Secured Party, with immunity to all state incorporated courts pursuant an official act of the STATE OF NEW YORK in 2009 under Federal Rules of Civil Procedure, rule 9(d), which must be recognized by this California court pursuant to

))))))))))))))))))))))))

State Ct. Case No. 7-09-TR-562668PEOPLE v. GUANCIONE©

Misconstrued Defendant Empress Aubreé Dei Gratia©, the natural living woman and Secured Party to Defendant ROSALIE GUANCIONE©, Gives JUDICIALLY NOTICED EVIDENCE OF PUBLIC PUBLIC NOTICE AND AN OFFICIAL ACT OF NOTICE AND AN OFFICIAL ACT OF ACKNOWLEDGEMENT BY STATE ACKNOWLEDGEMENT BY STATE OF NEW YORK OF OF NEW YORK OF MISCONSTRUED DEFENDANT’MISCONSTRUED DEFENDANT’ SS STANDINGSTANDING:Exhibit W:Exhibit W: ACKNOWLEDGEMENT FROM THE STATE OF NEW YORK of Secured Party Creditor Status of Misconstrued Defendant, Aubreé Regina Dei Gratia©, and;Exhibit X:Exhibit X: Correspondence from STATE OF NEW YORK To Misconstrued Defendant, and;Exhibit Y:Exhibit Y: Security Issued to

Page 1 of 17 State Court Case No. 7-09-TR-562668, PEOPLE v. GUANCIONE© – Misconstrued

Defendant Empress Aubreé Regina Dei Gratia©, the natural living woman’s, JUDICIALLY NOTICED EVIDENCE OF PUBLIC NOTICE and RECOGNIATION

BY OFFICIAL ACT, FRCP Rule 9(d), OF MISCONSTRUED DEFENDANT’S SECURED PARTY CREDITOR STATUS AND IMMUNITY TO STATE COURT

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Art. IV § 1, the Full Faith and Credit clause and Art. VI § 2, the Supremacy Clause of federal Constitution of 1787.

) Misconstrued Defendant “Aubreé Regina Dei Gratia©, …A SOV[EREIGN]”, and;Exhibit Z:Exhibit Z: Envelope To “Aubreé Regina Dei Gratia©, … A SOV[EREIGN]”.

NNOTEOTE TOTO C COURTOURT C CLERKLERK: 18 U.S. C: 18 U.S. CODEODE § 2071 – § 2071 – CCONCEALMENTONCEALMENT, , REMOVALREMOVAL, , OROR MUTILATIONMUTILATION GENERALLYGENERALLY

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys,

or attempts to do so, or, with intent to do so takes and carries away any record, proceeding,

map, book, paper, document, or other thing, filed or deposited with any clerk or officer of

any court of the United States, or in any public office, or with any judicial or public officer

of the United States, shall be fined under this title or imprisoned not more than three years,

or both.

(b) Whoever, having the custody of any such record, proceeding, map, book, document,

paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates,

falsifies, or destroys the same, shall be fined under this title or imprisoned not more than

three years, or both; and shall forfeit his office and be disqualified from holding any office

under the United States. As used in this subsection, the term “office” does not include the

office held by any person as a retired officer of the Armed Forces of the United States.

HI&RH Empress Aubreé Dei Gratia©, the natural livingHI&RH Empress Aubreé Dei Gratia©, the natural living woman’swoman’s , ,

REQUEST FOR JUDICIALLY NOTICED EVIDENCE OF: REQUEST FOR JUDICIALLY NOTICED EVIDENCE OF:

EXHIBITS DESIGNATED AS W, X, Y, Z EXHIBITS DESIGNATED AS W, X, Y, Z

[Fed. R. of Evid., RULES 201, 102, 104, 106][Fed. R. of Evid., RULES 201, 102, 104, 106]

PLEASE BE ADVISED AND TAKE NOTICE that in accordance with Federal

Rules of Evidence, which this court uses and is noticed of, Federal Rules of Evidence, Rule

201 Judicial Notice, that the Misconstrued Defendant Empress Aubreé Regina Dei Gratia©,




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the natural living woman, who is also known as Rosalie Guancione, and who is the Secured

Party to ROSALIE GUANCIONE©, hereby respectfully submits the following evidentiary

documents for this Honorable Court's review.

Pursuant to Federal Rules of Evidence, Rule 201, for adjudicative facts,

Exhibit W, X, Y, Z, are facts and contain facts, that under Federal Rules of

Evidence, Rule 201(b)(2) can be accurately and readily determined from

sources whose accuracy cannot be reasonably questioned, in this case the

STATE OF NEW YORK, SECRETARY OF STATE UNIFORM COMMERCIAL

CODE DIVISION and the COMPTROLLER STATE OF NEW YORK, and which

were filed in the public record of the UNITED STATES BANKRUPTCY COURT,

NORTHERN DISTRICT OF CALIFORNIA, in In Re: Rosalie Aubree Guancione,

Case 11-57656, on May 20, 2013. The validity of these documents has never

been questioned. The time to challenge these documents has past. Further, the

court pursuant to Federal Rules of Evidence, Rule 201(c)(2) must take Judicial

Notice if a party requests it and the court is supplied with the necessary

information.

EXHIBIT WExhibit W is a true copy of a UNIFORM COMMERCIAL CODE UCC

FINANCING STATEMENT (FORM UCC-1), assigned STATE OF NEW YORK

Filing Number: 200910190598322, with filing date 10/19/2009, STATE OF NEW

YORK DEPARTMENT OF STATE, Uniform Commercial Code Division.

SIGNIFICANCE

The judicial significance of Exhibit W to this case is:

1. The Exhibit W is document and a public notice filed into the public




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record in the STATE OF NEW YORK.

2. The Exhibit W is an abbreviated filing, called an informational filing,

which is a document that refers to another UNIFORM COMMERCIAL

CODE UCC FINANCING STATEMENT (FORM UCC-1) filing with more

information in it and attached to it.

3. The Exhibit W gives the following information on how to find the

document with more detailed information, identified as a UCC-1 Filing

in STATE OF WASHINGTON, ON 09/15/09, with UCC-1 #2009-258-

6469-9.

4. The Exhibit W identifies a DEBTOR’s exact full legal name in block 1a,

as ROSALIE ELAINE AUBREE CANNELLA-GUANCIONE©™ - a Trust

Entity.

5. The name of the DEBTOR in block 1a of Exhibit W, is commonly

abbreviated as ROSALIE AUBREÉ GUANCIONE©™.


abbreviated as ROSALIE A. GUANCIONE©™.


abbreviated as ROSALIE GUANCIONE©™.

8. The DEBTOR in Exhibit W is the Defendant in the instant case.

9. The Exhibit W identifies the DEBTOR’s type of organization in block 1e

as an ENS LEGIS/TRUST.

10. An ENS LEGIS is a latin legal expression for a legal fiction.

11. A TRUST is a legal fiction.

12. A legal fiction is not a natural man or a natural woman.

13. The Defendant in the instant case is not a natural man or a natural




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woman.

14. Legal fictions have names that are in all upper case format.

15. The DEBTOR, ROSALIE GUANCIONE©™, is a legal fiction that is a

trust.

16. The Exhibit W identifies the DEBTOR’s jurisdiction in block 1f as

private. Note: this jurisdiction is a private venue and not public.

17. The Exhibit W identifies the SECURED PARTY, with name in block 3b,

the location for a natural man or a natural woman, whereas block 3a is

used for the name of a legal fiction.

18. The Exhibit W block 3b entry is a mixed upper and lower case name.

19. A mixed upper and lower case name is the name for a natural man or a

natural woman.

20. A mixed upper and lower case name is not the name of a legal fiction.

21. A mixed upper and lower case name is not the name of an ens legis.

22. The Exhibit W block 3b entry identifies the SECURED PARTY as

HI&RH Empress Aubreé Dei Gratia©, Regina of the Western Holy

Roman Empire.

23. The SECURED PARTY name is commonly abbreviated as HI&RH

Empress Aubreé Regina Dei Gratia©.

24. The SECURED PARTY name is commonly abbreviated as HI&RH

Empress Aubreé Dei Gratia©.

25. Each of the three above names for the SECURED PARTY are known

as her style.

26. The proper formal introduction for the above SECURED PARTY is to

state her style: Her Imperial and Royal Highness, styled Aubreé Dei




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Gratia©, Regina of the Western Holy Roman Empire

27. The Misconstrued Defendant in the instant case is the same as the

SECURED PARTY in Exhibit W block 3b.

28. The Misconstrued Defendant is a SECURED PARTY CREDITOR.

29. The term SECURED PARTY CREDITOR is abbreviated SPC, or

SECURED PARTY, or S/P. See label on Exhibit W block 3.

30. The Misconstrued Defendant has all the authority and standing of a

Secured Party Creditor.

31. The Misconstrued Defendant established her standing as a SECURED

PARTY originally thru a private Commercial Security Agreement

entered into between the SECURED PARTY and a DEBTOR.

32. The SECURED PARTY then filed a UNIFORM COMMERCIAL CODE

UCC FINANCING STATEMENT (FORM UCC-1) Notice of Lien into the

public record based upon the private Commercial Security Agreement

entered into between the SECURED PARTY and a DEBTOR.

33. The SECURED PARTY operates and works in Commerce.

34. When working in Commerce, HI&RH Empress Aubree Dei Gratia©,

often uses the mixed upper and lower case name Rosalie Aubreé

Guancione©.

35. The mixed upper and lower case name Rosalie Aubreé Guancione© is

similar to, but distinct from, the name of the debtor trust ROSALIE

AUBREÉ GUANCIONE©.

36. Judge Arthur S. Weissbrodt recognized the distinct difference between

the bankruptcy petitioner Rosalie Aubreé Guancione© and the debtor

maritime trust ROSALIE AUBREÉ GUANCIONE©, in an ORDER,




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issued in the UNITED STATES BANKRUPTCY COURT, NORTHERN

DISTRICT OF CALIFORNIA, San Jose Division, dated 05/11/2012, in

¶11:28 thru ¶12:10.

37. In order to do business in Commerce, HI&RH Empress Aubreé Dei

Gratia, must use her trust to interact with corporations, because

corporations can only interact with other corporations.

38. The cestui que trust name appears in all upper case letters on both the

Driver’s License and on the Social Security Card.

39. The petitioner in the instant case, gave public notice through a UCC

FINANCING STATEMENT (FORM UCC-1) filing in the state of her

birth, and the state of her residence and the state of her sojourn, that

she has claimed her cestui que trust, and liened all assets of her trust

with a first position commercial lien.

40. The petitioner in the instant case, also gave public notice through a

UCC FINANCING STATEMENT (FORM UCC-1) filing in KING

COUNTY, STATE OF WASHINGTON, and the COUNTY OF SANTA

CLARA, STATE OF CALIFORNIA, that she has claimed her cestui que

trust, and liened all assets of her trust with a first position commercial

lien.

41. The petitioner then gave direct notification to various offices of state

and federal government directly regarding her claim to both her cestui

que trust and her cestui que trust’s bond, which the Petitioner has

liened with a commercial lien agreement and a UCC-1 Notice of Lien.

42. The Petitioner first claimed the cestui que trust by claiming all assets of

the cestui que trust through a security agreement, a commercial lien




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agreement, a common law copyright agreement, and a hold harmless

and indemnity agreement.

43. Later petitioner made a more detailed documentation set.

44. Rosalie Cannella© is the birth name of the SECURED PARTY herein.

45. ROSALIE CANNELLA© is the result when the birth name of the

SECURED PARTY herein is converted to all upper case format.

46. The cestui que trust name has evolved to ROSALIE ELAINE AUBREE

CANNELLA-GUANCIONE©™ thru out the years.

EXHIBIT XExhibit X is a true copy of a FILING ACKNOWLEDGMENT letter, dated

October 21, 2009, for the Notice of Commercial Lien, UCC-1 Form, assigned

STATE OF NEW YORK Filing Number: 200910190598322, with filing date

10/19/2009, STATE OF NEW YORK DEPARTMENT OF STATE, Uniform

Commercial Code Division.

SIGNIFICANCE

The judicial significance of Exhibit X to this case is:

47. The Exhibit X is addressed to HI&RH EMPRESS AUBREE REGINA

DEI GRATIA HOLY WESTERN ROMAN EMPIRE, A SOVEREIGN

WITHOUT THE UNITED STATES.

48. The Exhibit X is a letter issued by the Office of the STATE

SECRETARY OF STATE, STATE OF NEW YORK.

49. The Exhibit X has an official reference #: 034106.

50. The Exhibit X was written and sent as an official act pursuant to

Federal Rules of Civil Procedure rule 9(d).

51. The Exhibit X uses the term “without the United States” in the address




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for the Addressee.

52. The term “without the United States” is an IRS term, from the tax code,

and it means immune or exempt from IRS taxes.

53. The STATE OF NEW YORK is acknowledging, in the letter address for

the Addressess, the SECURED PARTY, that the SECURED PARTY is

immune to IRS taxes.

54. The address for the Addressee, the SECURED PARTY, states that the

SECURED PARTY is “a sovereign”.

55. The STATE OF NEW YORK is acknowledging that the SECURED

PARTY is a sovereign in an official act pursuant to Federal Rules of

Civil Procedure, rule 9(d).

56. The Exhibit X was issued as an official act by the STATE OF NEW

YORK.

57. The Exhibit X was an official act by the STATE OF NEW YORK

pursuant to Federal Rules of Civil Procedure, rule 9(d).

58. This Court is required to recognize the official acts of all other states of

the UNITED STATES pursuant to Article IV, Section 1, the Full Faith

and Credit clause of the federal Constitution of 1787, and Article VI,

Clause 2, the Supremacy Clause of the federal Constitution of 1787.

59. The Exhibit X shows that STATE OF NEW YORK recognizes in a letter

that it issued, that Aubreé Regina Dei Gratia is a Sovereign.

60. The Exhibit X letter is prima facie evidence that Aubreé Regina Dei

Gratia© is a Sovereign.

61. The Exhibit X shows that Misconstrued Defendant Aubreé Regina Dei

Gratia in the instant case, has been recognized by another state, the




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STATE OF NEW YORK, in an official act pursuant to Federal Rules of

Civil Procedure rule 9(d), as a Sovereign.

62. The recognition of the birth certificate of Obama in an official act by the

STATE OF HAWAII, pursuant to Federal Rules of Civil Procedure rule

9(d) and the Full Faith and Credit Clause of the federal Constitution of

1787, required all other states to recognize Obama’s birth certificate

issued in the STATE OF HAWAII, and his eligibility to hold the offices of

U.S. SENATOR, and U.S. PRESIDENT.

63. The STATE OF CALIFORNIA, and the California Republic, and the

CALIFORNIA JUDICIAL COUNCIL, each are legally required to

recognize the standing of the Misconstrued Defendant Aubreé Regina

Dei Gratia as a Sovereign, because the STATE OF NEW YORK has

recognized the standing of the Misconstrued Defendant Aubreé Regina

Dei Gratia as a Sovereign.

64. A Sovereign has standing above all U.S. citizens, and above all state

and federal corporations.

65. The UNITED STATES POSTAL SERVICE also recognized that the

SECURED PARTY is a Sovereign, by delivering the document

addressed to the Sovereign thru the UNITED STATES mail.

66. A Sovereign is immune to all state law, codes and statutes, and all

federal law, codes and statutes other than the federal Constitution of

1787 and all the amendments (articles) thereto and the laws contained

in the book The Law of Nations and of Sovereigns (referred to in the

federal Constitution of 1787).

67. Inside the body of the letter of acknowledgment, the DEBTOR’s Name




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is identified as: ROSALIE ELAINE AUBREE CANNELLA-

GUANCIONE©™ - A TRUST ENTITY.

68. The Exhibit X contains in the body of the letter, recognition of the

SECURED PARTY’s Name, identified as: HI&RH Empress Aubreé Dei

Gratia, Regina of the Western Holy Roman Empire.

69. The Misconstrued Defendant in the instant case has the name HI&RH

Empress Aubreé Dei Gratia, Regina of the Western Holy Roman

Empire, and is the SECURED PARTY, and has all the standing and

immunity to jurisdiction possessed by a SECURED PARTY.

70. The Misconstrued Defendant in the instant case has standing above all

U.S. citizens, and above all state and federal corporations.

71. The Misconstrued Defendant Aubreé Regina Dei Gratia in the instant

case is a sovereign and has immunity to all state law, codes and

statutes, and all federal law, codes and statutes with the exception of

the federal Constitution of 1787 and all the amendments (articles)

thereto and the laws contained in the book The Law of Nations and of

Sovereigns (referred to in the federal Constitution of 1787).

EXHIBIT YExhibit Y is a true copy of a security, also described as an order to pay, a

printed check from the STATE OF NEW YORK OFFICE OF THE

CONTROLLER.

SIGNIFICANCE

The judicial significance of Exhibit Y to this case is:

72. The Exhibit Y is a security that is made out to AUBREE REGINA DEI

GRATIA HOLY WSTRN ROMAN EMPIRE, A SOV.




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73. The Exhibit Y uses the abbreviation “A SOV.” for “a Sovereign”.

74. The Exhibit Y is a security that is treated as an order to pay on

demand.

75. The Exhibit Y is a type of security that is also known as a check.

76. A check is a financial security.

77. A financial security has a date, an amount, and a signature on one side

of it, as defined by the UNIFORM COMMERCIAL CODE.

78. The Exhibit Y was a financial security issued as an official act by the

STATE OF NEW YORK.

79. The Exhibit Y was issued as an official act by the STATE OF NEW

YORK pursuant to Federal Rules of Civil Procedure, rule 9(d).





81. The STATE OF NEW YORK recognizes in a financial security that it

issued, that Aubree Regina Dei Gratia is a Sovereign.

82. The check is prima facie evidence that Aubree Regina Dei Gratia is a

Sovereign.


case, has been recognized as a Sovereign by another state, the


Civil Procedure rule 9(d), as a sovereign.






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CALIFORNIA JUDICIAL COUNCIL, each must recognize the standing

of the Misconstrued Defendant Aubreé Regina Dei Gratia as a

Sovereign, because the STATE OF NEW YORK has recognized the

standing of the Misconstrued Defendant Aubreé Regina Dei Gratia as a

Sovereign.







EXHIBIT ZExhibit Z is a true copy of a printed envelope from the STATE OF NEW

YORK OFFICE OF THE CONTROLLER.

SIGNIFICANCE

The judicial significance of Exhibit Z to this case is:

87. The Exhibit Z is an envelope from the STATE OF NEW YORK, OFFICE

OF THE STATE COMPTROLLER.

88. The Exhibit Z is addressed to AUBREE REGINA DEI GRATIA HOLY

WSTRN ROMAN EMPIRE, A SOV.




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89. The STATE OF NEW YORK abbreviated a portion of the Addressee

address “a Sovereign” with “A SOV”.

90. The mail fraud statutes and U.S. postal codes preclude any individual

or entity fraudulently addressing an envelope.

91. The STATE OF NEW YORK recognizes via the envelop address that

the Misconstrued Defendant herein is a Sovereign.

92. The address on the envelope is prima facie evidence that the

Misconstrued Defendant herein is a Sovereign.

93. The Exhibit Z is an official correspondence envelope mailed thru the

UNITED STATES mail as an official act by the STATE OF NEW YORK.

94. The Exhibit Z was issued as an official act by the STATE OF NEW

YORK pursuant to Federal Rules of Civil Procedure, rule 9(d).





96. The STATE OF NEW YORK recognizes in official correspondence

send thru the UNITED STATES mail, that Aubreé Regina Dei Gratia is

a Sovereign.

97. The official envelope contains an Addressee address that is prima facie

evidence that Aubreé Regina Dei Gratia is a Sovereign.


case, has been recognized as a Sovereign by another state, the


Civil Procedure rule 9(d), as a Sovereign.




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CALIFORNIA JUDICIAL COUNCIL, each must recognize the standing

of the Misconstrued Defendant Aubreé Regina Dei Gratia as a

Sovereign, because the STATE OF NEW YORK has recognized the

standing of the Misconstrued Defendant Aubreé Regina Dei Gratia as a

Sovereign.







Pursuant to Federal Rules of Evidence Rule 201 Judicial Notice of Adjudicative

Facts, the foregoing documents are submitted as Exhibits designated W, X, Y, Z, which

were made public notice and filed in the public record of the UNITED STATES

BANKRUPTCY COURT, NORTHERN DISTRICT OF CALIFORNIA, in In Re: Rosalie

Aubree Guancione, Case 11-57656, on May 20, 2013. These exhibits prove, by official acts




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of the STATE OF NEW YORK, pursuant to Federal Rules of Civil Procedure, rule 9(d),

recognition of the Secured Party status, the Sovereign standing, and the tax exempt

(“without the UNITED STATES”) status, publicly established on October 19, 2009, of

Plaintiff Empress Aubreé Regina Dei Gratia©, the natural living woman. This judicially

noticed evidence is material to the instant case because a Secured Party status is always

above that of an incorporated state court. Therefore, the undersigned is immune to claims

made against her by municipal corporations, including that of the CALIFORNIA

HIGHWAY PATROL, or it’s agents, contractors, aiders and abettors, in any court or

political subdivision, of the incorporated CALIFORNIA JUDICIAL COUNCIL.

VERIFICATIONVERIFICATION

We/I, the undersigned make this declaration under penalty of perjury, that the

pleading is true. Each of the signer(s) of this document is a person having first hand

knowledge of the facts stated herein.

The undersigned has made a reasonable inquiry into fact and law and affirms to the

court that this claim:

1. is not frivolous or intended solely to harass.

2. is not made in Bad Faith - Nor for any improper purpose, i.e. harass or delay.

3. may advocate changes in the law - arguments justified by existing law or non-

frivolous argument to change law.

4. has Foundations for factual allegations - alleged facts have evidentiary support.

5. and has Foundation for denials - denials of factual allegations must be warranted by evidence.

All rights Reserved, UCC § 1-308

Dated: 08/30/2015 _/s/____ Empress Aubreé Regina Dei Gratia©_____ Empress Aubreé Regina Dei Gratia©, the




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natural living woman, Secured Party Creditor

ROSALIE GUANCIONE©

Dated: 08/30/2015 _/s/____ Empress Aubreé Regina Dei Gratia©_____ Empress Aubreé Regina Dei Gratia©, the natural living woman, Secured Party Creditor

UCC 3-419, AUTHORIZED SIGNER,Attorney in Fact




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Documents

FILE ON DEMAND - Scanned Retina – A Resource for the ... · Web viewand Secured Party Creditor. c/o U.S.P.O. Postmaster, c/o temporary mailing location PO Box Nine-Zero-Four-Five-Two,