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."
***********************
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.
The Notice of Claim must be sent to the State Agency.
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