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Tuesday, May 31, 2016

SUEING THE GOVERNMENT

The cool thing about suing the State of California, is that you first file a CLAIM. And if that claim is approved, then you WON and it cost you NOTHING! Only when they disproved your claim, it's up to you to file an actual suit. 
What I'm specifically thinking about, is to make the claim, when you're being charged with some traffic violation AFTER you bought your car with LAWFUL MONEY, such as gold or silver coins, or regular US coins, or even after you made demand for LM on your paychecks.
You see, the State's STATUTES apply ONLY to commerce, and when you buy a car with FRNs you ARE in commerce because you didn't pay for it with something of substance, like silver or gold. Which puts the car under the State regulation, as a MOTOR VEHICLE. BUT when you buy it with substance, then it's NOT in commerce, and if it's not in commerce it's NOT motor vehicle. It's PRIVATE PROPERTY.
So while the State will still have personal jurisdiction over you if you're a State resident, they can't nail you for Vehicle Code violation, because you haven't been driving a MOTOR VEHICLE. That's how things worked before 1933, when everyone was buying cars with REAL gold and silver money. Which is why back then, only those who used public roads for profit, were considered drivers and needed driver's licenses, because they were engaged in commerce.
I.e. using public property for profit is COMMERCE, subject to State regulation.
So if you bought your car with lawful money, or paid off the State's lien against it with gold coins, then you should have the RIGHT to use that car on public roads WITHOUT any license, because you're not engaged in commerce and so are subject to State's PUBLIC POLICY, but instead are exercising your right to property and to liberty, and are protected by PUBLIC LAW.
And even if you lose the legal (traffic) case, you can assert a claim for damages. Remember OJ Simpson? He won the legal case against him, but he lost the CIVIL case for damages. And that's because Equity can give you a REMEDY, even where you're convicted under the LAW. You just have to have an EQUITABLE CLAIM, such as paying for your car with lawful money, instead of FRN debt notes.
Here's how it works:
"In California, suing the government is not like suing another person. There are special rules, known as the California Government Claims Act, that apply when suing the government. The rules are extremely complex, and your ability to recover money for your injury can be diminished if the rules are not followed correctly. 
The California Government Claims Act sets forth the requirements for suing a “public entity” or government employee. A “public entity” is the state of California, a county, or a California local government. Some of the reasons why you might be able to recover against the government are physical harm, damage to your property, rights violation, or the death of a loved one. The California Government Claims Act sets specific procedures and timelines that must be followed for recovery.
Before you bring a case to court, you must file a claim with State Board of Control. The timelines for filing a claim are very strict. If a claim is not completed quickly, you will lose your right to sue. There are also special rules for the content of your claim. It is extremely important that the claim is completed correctly. If mistakes are made, the claim you file with the State Board can limit your lawsuit in court. Speak with a California Government Claims Act lawyer right away to ensure the rules are followed and to protect your rights.
The State Board of Control will either approve or reject your claim. Approval means that the government has decided to settle your claim without going to court. Rejection does not mean that the public entity or government employee is not responsible for your harm, or that you are not owed money for your injury. If the State Board rejects your claim, then you can file suit in a California court. There are time limits for when you need to file a lawsuit with the court, and the time limits vary based upon how the State Board rejects your claim. A California lawyer will help you bring your case to court and will argue your case before the judge."
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BTW, other States have similar rules about suing the State. Here's how it works in Illinois: 
According to Illinois Law, if you sue the State or a State Agency, you must first file a "Notice of Claim" with that specific State Agency. Then after 30 days if you do not hear anything, you can then file a lawsuit against the State Agency and you must file it with the Illinois Court of Claims. You cannot just file it with any court. Illinois established a State Court of Claims to hear any cases against the State or a State Agency.
The Notice of Claim must be sent to the State Agency.

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