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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