5
6 7 8 9
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Albert
M.
Sterwerf;
SBN:
175454
Law Offices of Albert M. Sterwerf The Atrium Building
19200
Von Karman
Avenue;
6th Floor
Irvine,
Califomia
92612
Tel:
(949)
622-5464
Cell:
30-271-1246
Fax: (949)
622-5553
Attomey for Plaintiffs: Ricky Ritch and
Donna
Ritch
UNITED STATES
DISTRICT
FOR THE CENTRAL
DISTRICT
OF
COURT
CALIFORN
RICKY RITCH,
DONNA
RITCH,
Plaintiffs
an Individual, an Individual,
and
AVIVA
BOBB,
an
Individual,
WIL
LIAM
MACLAUGHLIN,
an
Individual,
MITCHELL BECKLOFF, an In
dividual,
BRENDA PENNY,
an In
dividual,
RONALD BERMAN,
an In
dividual,
JAMES
SCHNIEDERS, an
Individual,
LISA
MACCARLEY,
an
Individual,
CHRISTOPHER
JOHN
SON, an
Individual,
DAVID COLEMAN, an
Individual,
ANDREA
STERN-HODGES,
an
Individual,
HERMAN
STERN, an
Individual,
HOW R
STERN, an
Individual,
BERMAN
&
BERMAN,
A
Professional
Law
Corporation,
OLDMAN,
COO
LEY,
SALLUS,
GOLD,
BRINBERG, &
COLEMAN,
A
Limited
liability
Partnership,
RUSSAKOW,
RYAN,
&
JOHNSON,
A
Professional
Law
Corporation,
CLAUDIA L.
KREI
GENHOFER,
an
Individual,
RETIREMENT ADVISORS OF AMERICA, a
Corporation,
MAGNOLIA GARDENS,
a Private
Company, ENCINO-
TARZANA
REGIONAL MEDICAL CEN
TER,
a TENET
Subsidiary,
OFFI-
CASE NO.: CV06-
IV 9Si^
AS~-(JW
x f=
PROPOSED
AMENDED
CC^PLAINT
FOp
DAMAGES,
/ o (42
U.S.C.
§ 1983 S 1*^
U.S.C. §§
1960-1964
& California Penal
Code
§ 9)
CAUSES
OF
ACTION:
1.
FIRST CAUSE
OF
ACTION
-
PERJURY
(18 U.S.C. §§ 1621 & 1622 & California
Penal Code
§§ 118 - 127)
2.
SECOND CAUSE
OF
ACTION
-
ATTORNEY MISCONDUCT (California B. & P. C. §
6068)
3.
THIRD CAUSE
OF
ACTION
-
JUDICIAL
MISCONDUCT (California Constitution Article VI,
Section
18
C.C.P.
§§
170-170.6)
4.
FOURTH CAUSE
OF
ACTION
-
DEFAMATION,
LIBEL,
SLANDER,
AND
INVASION
OF
PRIVACY
5.
FIFTH
CAUSE
OF
ACTION
-
CIVIL
ACTION
FOR
DEPRIVATION
OF
RIGHTS
AND
CONSPIRACY AGAINST RIGHTS
(42 U.S.C. § 1983 & 18 U.S.C. § 241)
6,
SIXTH
CAUSE OF ACTION -
EXTORTION
(Penal Code
§§ 518 - 524) SEVENTH CAUSE OF ACTION -FALSE IMPRISONMENT/KIDNAPPING (18 U.S.C. § 1201 fi California
Penal Code
§§ 182 and 236)
COMPLAINT
FOR
Case 2:06-cv-04795-CAS-JWJ Document 37 Filed 09/11/06 Page 1 of 245 Page ID #:146
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CER
G.
YANG,
an Individual, OF
FICER
ASTORGA,
an Individual,
LEE
BACA,
an Individual, LOS
ANGELES
COUNTY,
a
Government
Entity, LOS
ANGELES COUNTY
SU
PERIOR
COURT,
a
Government
En
tity,
LOS
ANGELES COUNTY SHER
IFF'S
DEPARTMENT,
a
Government
Entity, and
DOES
1 to 10 8.
EIGHTH
CAUSE
OF
ACTION
-
BATTERY
(Penal Code
§§ 182, 242 & 243)
9.
NINTH CAUSE
OF
ACTION
-
ASSAULT
(Penal Code
§§ 240 & 245)
10.
TENTH CAUSE
OF
ACTION
-
CONVERSION
(Penal Code § 484)
11.
ELEVENTH
CAUSE
OF
ACTION
-
FRAUD
AND
DECEIT
(Civil
Code §§
1709-1710
and Penal Code
§
484)
12.
TWELFTH
CAUSE
OF
ACTION
-
FALSE
STATEMENT
TO A
BANK
(18 U.S.C. § 1014 and
Penal Code
§ 484)
13. THIRTEENTH CAUSE OF ACTION -STATE
CIVIL
RIGHTS
VIOLATION
(Civil
Code
§ 52.1 -Tom
Bane
Civil
Rights Act)
14.
FOURTEENTH CAUSE OF ACTION -
CONSPIRACY
(Penal
Code § 182 -
Civil
Conspiracy)
15.
FIFTEENTH
CAUSE OF ACTION -
OBSTRUCTION
OF JUSTICE
(18
U.S.C.
§§
1503,
1512, & 1513)
16.
SIXTEENTH
CAUSE
OF ACTION -
CIVIL
RICO
(18
U.S.C.
§
1961-1964)
17.
SEVENTEENTH CAUSE OF ACTION
-
HOBBS
ACT
(18
U.S.C. § 1951)
18.
EIGHTEENTH CAUSE OF ACTION
INTENTIONAL
AND NEGLIGENT
INFLIC
TION
OF
EMOTIONAL
HARM
This
is an
unlimited case.
The
Prayer
for
relief
is
$100,000,000.00
THE
PLAINTIFF
ALLEGES:
1.
This
is an
action
brought
under
42
U.S.C.
§ 1983 to
recover
damages
against defendants
for
violation
of
plaintiffs
Ricky
Ritch
and Donna
Ritch's
rights,
i.e. Federal
and
State Consti
tutional
rights
to be
secure
in
their
person,
right
to
lib
erty,
right
to due
process,
right
to a
jury, right
to due
2
COMPLAINT
FOR DAMAGES
Case 2:06-cv-04795-CAS-JWJ Document 37 Filed 09/11/06 Page 2 of 245 Page ID #:147
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2
3
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process
prior
to the taking of property,
right
to the pursuit of
happiness
(denied
access
to Marshall Stern, the
plaintiff's
father
(Donna
Ritch)
and
father-in-law (Ricky
Ritch)).
2.
The
jurisdiction
of
this
Court
is predicated
on 28 U.S.C. §§
1331, 1332, 1337,
and
1343 and
18 U.S.C. §§
1964(a)
and
1964(c)
and
pendant
jurisdiction
principles.
The
amount
in controversy
exceeds
$75,000.00
exclusive
of
interest
and
costs. a. In the
case
of
justice, this
Court
is appropriate ju
risdiction
in that
one of
the primary
defendants
in
this
case.
Judge
Aviva
Bobb,
has
been
appointed the Chief Justice
of
the
California
Supreme
Court
to
be on
a
panel
created
by
the Chief Justice to investigate the
corruption
in the
California
conservatorship
system.
b.
However,
as
will
be
shown
in
this
case.
Judge
Bobb
is
a
participant
in the corruption of the
California
Conser
vatorship
system.
The
plaintiffs
believe that the
po
tential
cover-up
of the corruption in the
California
Court
system
regarding conservatorship
proceedings
may
go all the
way up
to the
California
Supreme
Court. c. Therefore,
an
appeal
within
the State
Court
System
may
not
be
free
of
the corruption
complained
of in
this
ac
tion
and
an
action
within
the Federal
system
could
be
the only path to
justice
for the
plaintiffs.
3.
Venue
is
proper
in
this
Court.
18 U.S.C. §
1965 and
28 U.S.C.
§ 1391. All
defendants
reside in, can
be
found
in,
have
agent(s) in
and/or
transact
or
have
transacted
their affairs
in
this
District.
3
COMPLAINT
FOR
DAMAGES
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2 3 4 5 6 7 8 9 10
11
12 13 14 15 16 17 18 19 20
21
22 23 24 25 26 27 28 4.
This Court
is an
appropriate
Jurisdiction
since
this
matter
does
not
involve
either
the
probate
of a
will
or an
estate
of a decedent or the annulment of a
will.
Marshall
v.
Marshall,
126 S.Ct. 1735
(2006).
All
probate issues
are
ancillary
to the
primary
causes of
action
in
this
case. 5.
Plaintiff,
Ricky Ritch,
is and at
all times
mentioned in
this
complaint
was a
citizen
of the
United States,
and was a
resi
dent
of
Alabama
or
Louisiana.
(Alabama
prior
to June
2005
and
after
January 2006, and
Louisiana from
June
2005
to January 2006) 6.
Plaintiff,
Donna
Ritch,
is and at
all times
mentioned in
this
complaint
was a
citizen
of the
United States,
and was a
resi
dent
of
Alabama
or
Louisiana.
(Alabama
prior
to June
2005
and
after
January 2006, and
Louisiana from
June
2005
to January 2006) 7. Defendants, Los Angeles County, Los Angeles County
Superior Court
and Los Angeles County
Sheriff
s Department, are, and at
all
times
mentioned in
this
complaint
are agencies of the County of Los Angeles in the
State
of
California,
with
the ca
pacity
to be sued. a.
Plaintiffs
name
the
individual
defendants
below and in
corporate
them
into this
action
as
parties
to the ac
tions
of
this
complaint.
8. A
substantial
part
of the
events
giving
rise
to
this
action
occurred
in Los Angeles County,
California.
Venue
is
therefore proper
under 28
U.S.C.
§
1391(b).
9. Defendants, Los Angeles County, Los Angeles County
Superior Court
and Los Angeles County
Sheriff's
Department, were at
all
4
COMPLAINT
FOR
DAMAGES
Case 2:06-cv-04795-CAS-JWJ Document 37 Filed 09/11/06 Page 4 of 245 Page ID #:149