The Remittitur, signed under seal of the State of California by a Judicial Council member, awarded costs to undisclosed “Respondents” on appeal. The Court Case Management System was altered and falsified to match to conceal who was unlawfully not disclosed to be a party on appeal on the Certificate of Interested Persons, a.k.a. a retired United States Assistant Surgeon General, Bryan Hardin, and the additional four owners of Veritox, Inc., formerly knowns as GlobalTox, Inc. In reality, only Bruce J. Kelman was disclosed to be the party on the Ceritificate submitted under penalty of perjury with the Appellate Opinion falsified to state a judgement that was known by the officers of the Appellate Court, including Justice Richard Huffman, to have never been entered. It doesn’t get much dirtier than this when colluding to fleece the taxpayer and trying to force silence of the court aided conspiracy to defraud with US Chamber affiliates & US government over causation of environmental illnesses!
DEMAND in pdf format.
This DECLARATION SUBMITTED UNDER DURESS and DEMAND to a court with no established subject matter jurisdiction may be read online at ContemptOfCourtFor.Me under the blog title of “Kelman v. Kramer ~ New Judge, Same Game, No Jurisdiction, They proceed anyway!” in lawful accordance with the First Amendment of the Constitution when publicly exposing harassment for blowing a whistle on science fraud in public health policy aided to continue by fraud on the court by officers of the court; and in lawful accordance with California Code of Civil Procedure 1209(b) which states,
“A speech or publication reflecting upon or concerning a court or an officer thereof shall not be treated or punished as a contempt of the court unless made in the immediate presence of the court while in session and in such a manner as to actually interfere with its proceedings.”
On November 2, 2012, at 1:30 PM there is a LACK OF COURT JURISDICTION HEARING  scheduled to take place in this Court, Department 29. (Attached hereto is the file stamped first page, scheduling the hearing.) As such, this court has not established it holds subject matter jurisdiction to entertain the PLAINTIFF[S]’S EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE: CONTEMPT BY DEFENDANT SHARON KRAMER FOR VIOLATING PERMANENT INJUNCTION  scheduled for October 31, 2012.
“Once challenged, jurisdiction cannot be ‘assumed’, it must be proved to exist. [Stuck v. Medical Examiners, 94 Ca2d 751.211 P2s 389] “There is no discretion to ignore that lack of jurisdiction.” Joyce v. US, 474 F 2d 215 “the burden shifts to the court to prove jurisdiction.” Rosemond v. Lambert, 469 F 2d 416 “jurisdiction is fundamental and a judgment rendered by a court that does not have jurisdiction to hear is void ab initio.” In re Application of Wyatt, 300 P. 132m Re Cavitt, 118 P2d 846 “Thus, where a judicial tribunal has no jurisdiction of the subject matter on which it assumes to act, its proceedings are absolutely void in the fullest sense of the term.” Dillon v. Dillon 187 p27
Until this court can prove that the judgment from the foundational case to this one, Kelman & GlobalTox, Inc. v. Kramer, Case No. GIN044539, and the remittitur from the same case are valid legal documents that are not fraudulent and thus void to be used for any purpose such as giving this court subject matter jurisdiction; this court can not lawfully render any rulings, orders or hear any motions sans proven subject matter jurisdiction.
This court will never be able to lawfully establish it holds lawful subject matter jurisdiction because it is known to officers of the court and plaintiffs that the judgment from the prior case, which is the sole foundational document to this case, is void and thus cannot be used for any purpose under Code of Civil Procedure 664.
The appellate remittitur from the prior case is also provably fraudulent. It awards costs on appeal to undisclosed “Respondents” when there is only one “Respondent”, Bruce Kelman, disclosed to be a party on appeal and conceals the judgment on record is fraudulent and void; with the officers of the Fourth District Division One Appellate Court refusing to recall and rescind the known fraudulent remittitur to set aside the erroneous judgment, in direct violation to the rule of law.
The Court Case Management System was also altered and falsified to conceal who was unlawfully not disclosed to be a party on appeal on the Certificate of Interested Persons, a.k.a a retired United States Assistant Surgeon General, Bryan Hardin, and the additional four owners of Veritox, Inc. “If the remittitur issues by inadvertence or mistake or as a result of fraud or imposition practiced on the appellate court, the court has inherent power to recall it and thereby reassert its jurisdiction over the cause. This remedy, though described in procedural terms, is actually an exercise of an extraordinary substantive power. Correction of the clerk’s clerical or other mistakes in the remittitur is a very minor aspect of the proceeding; its significant function is to permit the court to set aside an erroneous judgment on appeal obtained by improper means.” (9 Witkin, Cal. Procedure (4th ed.) Appeal, § 736, p. 765)
“Courts are constituted by authority, and they cannot [act] beyond the power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities. They are not voidable, but simply void, and this even prior to reversal.” Elliott v. Lessee ofPiersol, 26 U.S. (1 Pet.)328, 340; Old Wayne Life Assn. v. McDonough, 204U.S. 8, 27 S.Ct. 236
As such, this court must cancel the EX PARTE hearing it has allowed plaintiff counsel to unlawfully schedule for October 31, 2012, in a court with no established subject matter jurisdiction. To allow it to continue would be a collusive fraud upon the court by officers of the court, with the implied intent to conceal prior frauds on prior courts by additional officers of the court; and to unlawfully hold a U.S. citizen in civil contempt of an uncivil court.
Fraud upon the court “has been defined by the 7th Circuit Court of Appeals to “embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court [Judges are officers of the court] so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.” Kennerv. C.I.R., 387 F.3d 689 (1968); 7 Moore’sFederal Practice, 2d ed.,p. 512, 60.23. The 7th Circuit further stated “a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final.” “Obviously a judgment, though final and on the merits, has no binding force and is subject to collateral attack if it is wholly void for lack of jurisdiction of the subject matter or person, and perhaps for excess of jurisdiction, or where it is obtained by extrinsic fraud. [Citations.]” 7 Witkin, Cal. Procedure, supra,Judgment, § 286, p. 828.).
Any actions taken by the court would be unlawful and any decisions made would be void, by a court acting without law. As a natural born United States woman, I am not obligated to adhere to any action taken by a United States court with no established subject matter jurisdiction. This is a right guaranteed to me and all United States citizens under the Constitution of the United States. As such, I respectfully DEMAND of this court to cancel the plaintiff(s)’s EXPARTE hearing it has unlawfully scheduled for October 31, 2012.
I caused copy of this DECLARATION UNDER DURESS & DEMAND to be emailed to plaintiff counsel, Keith Scheuer at KScheuer@aol.com before noon on October 30, 2012.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct to the best of my knowledge and executed by me this 30th day of October, 2012.
Sharon Kramer, a natural born United States woman.
If you want to understand why you can’t get medical treatment from U.S. physicians for illnesses caused by poor IAQ and how corruption in the California courts over these cases have played an intrical role in aiding in the defrauding of the public, watch this VIDEO!!!