VIDEO OF THE DEPOSITION OF BRUCE KELMAN RE: HIS MATERIAL PERJURY IN DECLARATIONS TO MANUFACTURE A NEEDED REASON FOR MALICE WHILE STRATEGICALLY LITIGATING.

     Justice McConnell, you and many others have this video including the California Commission on Judicial Performance and the Chief Trial Intake Division of the California State Bar. Judge Enright was made aware of where to view it on the net in 2010.  The Appellate Panel of you, Irion and Benke have the transcript of the depositions specifically called out for you in Briefs and Appellate Appendix.

     In September of 2010, the Appellate Panel of you, Patricia Benke and Joan Irion rendered an Appellate Opinion.  Fully evidenced that in 2006, your peers framed a defendant for libel over a matter of public health; rewarded a plaintiff’s use of perjury to establish needed reason for malice; and ignored the evidenced that a retired Deputy Director from NIOSH & author of “health policy” for the US Chamber/ACOEM was an undisclosed party to the litigation; the trio of justices had the audacity to write the following in the unpublished Appellate Opinion:

     ’In a prior opinion, a previous panel of this court affirmed an order denying Kramer’s motion to strike under the anti-SLAPP statute.  In doing so, we largely resolved the issues Kramer now raises on appeal. In our prior opinion, we found sufficient evidence Kramer’s Internet post was false and defamatory as well as sufficient evidence the post was published with constitutional malice.” 

READ LETTER TO JUSTICE HUFFMAN HERE…

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TO: Judicial Council Member Judge Enright, Supervising Judge for the San Diego Superior Court & Clerk of the Court, Michael Roddy:

    “There are false entries made in the ROA stating a date of judgment that is not supported by the Case File.  There is an ROA entry after the Remittitur issued, falsely stating who were the Prevailing Parties. There are documents of judgment of which I was noticed that are not in the Case File. There are documents of judgments of which I was not properly noticed under CCP 664.5(b) that are in the Case File.

     There is an Abstract of Judgment in the Case File, based on a not valid and not properly noticed entry of judgment. There is a judgment lien on my home based on this void Abstract of Judgment.

      As you are aware, this has been a very ugly case over a matter of public health, that has cost me everything I own to defend the truth of my words for the public good. It just keeps getting uglier. Attached is a rather lengthy and direct letter to the Clerk of the Appellate Court, Stephen Kelly and the Clerk of the Superior Court, Michael Roddy.

     As the Presiding Judge of the San Diego Superior Court, please take measure to remove the Government Code 6200 Clerk of the Court violations from the San Diego Superior Court Case Record, CCMS ROA & Case History, and Case File. Please evidence for me when these corrections are made in accordance with Government Code 62150(d).

     I am also requesting of you and Clerk of the Court, Michael Roddy, that I be provided access and a copy of the complete CCMS Case History – not just those items that print when I request a copy of the ROA. This is not a sealed case.  I am aware that there are incorrect entries in the Case History that do not print on the ROA. The Case History is the CCMS Court Record that is shared among the judiciaries and court personnel.

     It is a violation of my First Amendment Rights and prejudicial to me as a litigant, that judges are seeing inaccurate information of which I am not even permitted to see – or know what all they are seeing in the CCMS to be able to challenge the CCMS entries as incorrect.

READ LETTER TO JUDGE ENRIGHT HERE……

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TO: Judicial Council Members Stephen Kelly & Michael Roddy, Clerks of the San Diego Appellate & Superior Courts:

September 11, 2011

Re: Correct Government Code 6200 Violations in Court Records of (“Kramer v. Kelman”) /Defendant/Appellant v. Plaintiff/Respondent, Case No. D054496 Fourth District Division One Appellate Court & (“Kelman & GlobalTox v. Kramer”), Case No. GIN044539,North San Diego Superior Court

     Appellate Court: Erred December 20, 2010 Remittuter; Altered & erred entries in Appellate CCMS Case History, Awarded costs to undisclosed parties on Appeal, States false judgment date in Case History. Issued a Remittitur based on a back dated Superior Court Proof of Service that was certified signed and mailed by a San Diego Superior Court Deputy Clerk of the Court.

     Superior Court: Altered and erred Register of Action entries &; “stealth” Case History in CCMS. Issued an Abstract of Judgment in violation of CCP 664.5(b). Back dated a Proof of Service of a Minute Order that was certified, signed and mailed by a San Diego Superior Court Deputy Clerk of the Court.

Dear Mr. Kelly and Mr. Roddy,

     This is going to be a very direct letter.  Errors, deletions, additions and false entries in your respective Court Records have caused me extreme financial damage and much distress. They have aided and abetted a malicious, strategic litigation carried out by criminal means; and over a matter of public health. 

     They have aided to conceal the judiciaries for whom you clerk or oversee their Deputy Clerks have been participants in the malicious, strategic litigation; and have been playing fast and lose with the law. Their actions and your actions have aided to defraud the California taxpayers by aiding with the continuance of an Insurer Cost Shifting Scheme, written into California Workers’ Compensation policy by ex-Governor Schwarzenegger in October of 2005. 

      While certain judiciaries in California appear to enjoy the privilege of being above the law; the same privilege is not afforded to Clerks of the Court or their Deputies.  Under Government Code 6200, it is a criminal offense to alter, falsify, remove and/or secrete Court Records. These are not actions in accordance with Government Code 68150(d)…. 

     There are incorrect Court Clerk entries in the (“Court Record”), (“Case File”), Register of Action (“ROA”), (“Case History”) and Court Case Management System (“CCMS”) of the San Diego Superior Court libel case of Bruce J. (“Kelman”) & (“GlobalTox”), Inc., v. Sharon (“Kramer”). There are incorrect Court Clerk entries in the Court Record, CCMS, Case File, (“Case Summary”) and (“Docket”) when on appeal in the Fourth District Division One Appellate Court, (“Kramer v. Kelman”) Defendant/Appellant v.  Plaintiff/Respondent….

     Which is it?  A judgment was entered on December 12, 2008 and Presiding Justice McConnell accepted my intent to appeal on January 14, 2009 in violation of Rules of the Court 8.751? Or a judgment was not entered on December 12, 2008, and the Appellate Case Records are violations of Government Code 6200 stating a judgment that was not entered –with the lower court records made to match after the Remittitur issued in December of 2010?

      The Minute Order was mailed from the court on December 16, 2008, which I would not be able to prove had I not sent the post marked envelop back to the court on December 18, 2008, for the Case File because the Proof of Service was dated December 12, 2008, four days before it was mailed. The Minute Order states Kelman prevailed over Kramer and Kramer prevailed over GlobalTox.  Yet, the Superior Court ROA was falsely edited on December 23, 2010 to match the “errors” in the Appellate CCMS to state:

“ROA #264 12/23/2010 Remittitur (Judgment of 12-12-08 is affirmed) filed by The Superior Court of San Diego.

[sic, ROA entries 265-267 are missing or are concealed only to be visable on the stealth Case History]

ROA #268 12/23/2010 Judgment was entered as follows: Judgment enter for GLOBALTOX INC:KELMAN, BRUCE J and against KRAMER, SHARON...”

     The case is still pending.  The presiding judge has not signed off.  Prior to the false editions and additions on December 23, 2010, in the Superior Court CCMS (after the Remittitur – stating undisclosed  “Respondents”, isssued back with an Appellate Opinion stating date of entry of judgment of 12/12/08) there was no entry in the lower court ROA showing any judgment was entered on 12/12/08…because there was not. Odd how both CCMS histories of this case are consistent in their incorrectness with neither matching the Case File.

      Rather than attach and mail a mountain of evidence to an already lengthy letter, I am going to put this letter to you, the Clerk of the Fourth District Division One Appellate Court, Mr. Kelly; and Clerk of the San Diego Superior Court, Mr. Roddy; online. I will link to the evidence of errors, alterations and false documents in your Case Records that need to be corrected under Government Codes 6200 and 68150(d).    

     This letter and the linked Court Records referenced as follows, may be read online at the reputable and Federal Occupational Safety and Health Administration source reference, health advisory blog, “Katy’s Exposure – Exposing Environmental Health Threats and Those Responsible”.. This letter may be found on the Internet by searching the blog title of this letter:

“Is The California Court Case Management System (CCMS) Being Misused For Politics In Policy & Litigation….And The Fleecing Of The California Taxpayer?”

      As Clerks of the Court and members of the California Judicial Council; how you choose to address the needed corrections of errors, falsifications, additions, deletions, and secret & false entries in the CCMS Case History in your Court Records will answer the questions raised in the blog title regarding your intended usage of CCMS.

     If I have any errors or misstatements of fact in this letter, please let me know so we (the owner of the blog and I) may then correct the online version. My apologies for typos in this letter. I do not type well and can no longer afford to hire a typist directly because of the mishandling by the courts of this case.     

     I currently have an interest accruing judgment lien on my home for costs incurred by a party I prevailed over in trial (with one being an undisclosed party), based on a false judgment never properly entered or noticed; false abstract of judgment; false Remittitur awarding costs to undisclosed parties on appeal.  I am gagged by the court from writing a sentence for which I was never sued – which, coincidentally, would gag me from writing of what the judiciaries and their clerks in this case have done that aids abets insurer fraud and the fleecing of the public….

       I am not going to shut up.  I am not going to go away until someone acknowledges that every single judge and justice to oversee the case of Kelman & GlobalTox v. Kramer ignored the evidence that Bruce J. Kelman, author of medico-legal policy over the mold issue for the US Chamber of Commerce and ACOEM, committed criminal perjury to establish needed reason for malice while strategically litigating against public participation against the first person, Sharon Kramer, to publicly write of how these papers were connected to mass market a scientific fraud in US health and California workers’ comp policies. This, as the courts FRAMED ME for libel.

     False Clerk of the Court CCMS entries of judgments never entered, parties never disclosed as the judiciaries practiced politics, not law, are aiding and abetting insurer fraud in violation of Government Code 6200.  That is criminal.

     When this is acknowledged, the fraudulent concept in public health policy that it has been scientifically proven all claims of illness from the toxins of mold found in water damaged buildings are only being made because of “trial lawyers, media and Junk Science” will immediately cease. Lives will instantly be saved…. 

     Appellate Court Record To Be Corrected By Clerk of the Appellate Court, Stephen Kelly:

     1. Either provide evidence from the Case File on Appeal that GlobalTox and the owners of the corporation where disclosed as parties on appeal on the Certificate of Interested Parties stamped received on September 14, 2009 by the Clerk of the Court or Remove the word “Respondents” and “et. al” from the December 20, 2010 Remittitur, evidence and date its removal; and send me proof when removed.

     2. Either provide evidence from the Case File on Appeal that GlobalTox and the owners of the corporation where disclosed as parties on appeal on the Certificate of Interested Parties stamped received on September 14, 2009 by the Clerk of the Court or Remove from the CCMS Docket that GlobalTox’s name was on the Certificate of Interested Parties, September 14, 2009; evidence and date its removal; and send me proof when it is removed.

    3. Either provide evidence from the Case File on Appeal that a judgment was entered on December 12, 2008 or Remove from the CCMS Docket that a judgment was entered on 12/12/08, evidence and date its removal; and send me proof when it is removed..

    4. Provide the dated, file stamped, signed, and noticed legal judgment document that gave the Appellate Court jurisdiction to hear the appeal.

    5. The Appellate Court was provided evidence that Kelman committed criminal perjury in his declarations, three times, to establish needed reason for malice. Quote, “I testified the types and amounts of mold in the Kramer house could not have caused the life threatening illnesses she claimed”  The Appellate Court was evidenced that Scheuer suborned Kelman’s perjury, even in his Appellate Brief of September 2009. His theme in his briefs: “Apparently furious that the science conflicted with her dreams of a remodeled home, Kramer launched into an obsessive campaign to destroy the reputation of Dr. Kelman and GlobalTox”. Either provide evidence from the Case File on Appeal that corroborates the stated reason for malice or cease and desist with using the CCMS in violation of GC6200 to conceal that all judges and justices overseeing this case rewarded a plaintiff’s criminal perjury to establish needed reason for malice while strategically litigating.

    6. The Appellate Court was provided evidence that I found Kelman’s testimony when retained as an expert witness in Oregon of flipping back and forth to describe the relationship of the ACOEM & US Chamber mold statements from “lay translation” to “two separate papers, two separate works” and back to “translations” to be “altered under oath statement”.  Either provide evidence from the Case File I was ever impeached as to the subjective belief in the validity of my words or cease and desist with using CCMS in violation of GC 6200 to conceal that all judges and justices overseeing this case deemed a never impeached US citizen to be guilty of being a malicious liar.

     Trial Court Record To Be Corrected By Clerk of the Court, Michael Roddy

     1. Either provide evidence from the Case File that a judgment was entered on December 12, 2008 or Remove from the stealth Case History that a judgment was entered on 12/12/08, evidence and date its removal and send me proof it is removed.

     2. Either provide evidence from the Case File that a judgment was entered on September 24, 2008, was filed stamped, signed and noticed under CCP 664.5(b) to both prevailing parties or Remove from the CCMS ROA and Case History, Abstract of Judgment that there was a legal judgment entered on September 24, 2008, evidence and date its removal and send me proof it is removed.

    3. The courts were provided that Kelman submitted and was awarded costs that were incurred by GlobalTox in the amount of $3,626,33. Either provide evidence from the Case File to refute that the courts awarded costs to a party, not incurred by the party, or Remove from the CCMS stealth Case History that an amended judgment was properly entered awarding Kelman $7,252.65 on 12/18/08, evidence and date its removal; and send me proof it is removed.

    4. On the Minute Order dated December 12, 2008, it states, “The Record in this case reflects that Plaintiff Bruce J. Kelman is the prevailing party solely as against Defendant Sharon Kramer. Defendant Sharon Kramer is the prevailing party solely as against Defendant Globaltox, Inc.”. Provide evidence from the Case File that the Amended Entry of Judgment dated 12/18/08 (after the Minute Order was finalized) states both Kelman and Kramer are prevailing parties) was entered.

     5. Either provide evidence from the Case File that Kelman and GlobalTox were the prevailing parties or Remove from the CCMS ROA and Case History that Kelman & GlobalTox were the prevailing parties as falsely entered in the ROA and Case History on December 23, 2010, evidence and date its removal; and send me proof it is removed.

     6. Either provide evidence from the Case File that Judge Maas, now presiding judge over this case affirmed on December 23, 2008, that a judgment was entered on December 12, 2008 deeming Kelman and GlobalTox to be the prevailing parties or Remove from the CCMS ROA and Case History that on December 23, 2010, the lower court presiding judge quote:“the Remittitur (Judgment of 12-12-08 is affirmed) filed by The Superior Court of San Diego”.  Evidence and date the removal; and send me proof it is removed.

.    7. If is evidenced by the Case File as legitimate CCMS entries, Add back the deleted entry #183 thru #187 made between October 23 & October 28, 2008, to the ROA and Case History; evidence and date their addition; and send me proof if and when they are added back..

      8. Either provide evidence from the Case File that a Judgment was entered on September 24, 2008; or Rescind the Clerk of the Court issued Abstract of Judgment that was entered on December 31, 2008, stating a date of entry of judgment of September 24, 2008.  This is a further abuse and violation of Code of Civil Procedure 664, 664.5(b) and Government Code 6200. Send me proof when the Abstract is withdrawn. 

      9. Provide from the Case File, the dated, file stamped, signed, and noticed legal judgment document upon which the December 31, 2008, Abstract of Judgment is based awarding Kelman $7,252.65 in costs (plus one dollar).

      10. Provide from the Case File, the dated, file stamped, signed, and noticed legal judgment document as it appeared prior to the Entry of Amended Judgment dated 12/18/08, after Kelman’s costs were submitted in October 2008.

READ LETTER TO COURT CLERKS KELLY & RODDY HERE. (long one. takes a bit to open pdf)

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