JOHN DOW HENERY
54321 Victim Rd
Emerald City, California

Plaintiff

SUPERIOR COURT OF CALIFORNIA

COUNTY OF RIVERSIDE

CIVIL DIVISION CIRCUIT COURT

John Dow Henery,                 ) CASE NO. 	_________
                                 ) 		
          Plaintiff,             ) 
                                 ) PETITION FOR VERIFICATION OF
              Vs.                ) DEBT ELSE RELEASE OF CLAIM
                                 ) 
Bank of loan, 5400 n St,         ) Judge: TRIBUNAL
TX1-098-09,                      ) 
 City, California, 92590         ) Dept:   X33
(CEO, man, Mortgage dep Bank)    ) 
          Defendants.            ) 
                                 ) 
---------------------------------)------------------------------

CAUSE OF ACTION PETITION FOR VERIFICATION OF DEBT
Reference: Loan number: 99880011
Deed of Trust number: 666333111
1. John Dow Henery (hereinafter "Plaintiff") is one of the people of California, and in this court of record complains of Bank of loan (representative/ or legal counsel), promissory note verification (hereinafter "Defendant"), to answer the said Plaintiff in a plea of trespass by way of deprivation of rights, TITLE 18 U.S.C. SECTION 242 “deprivation of any rights, privileges” and trespass by way of fraud; Deceit; deception; trick; artifice by which the right or interest of another is injured; and trespass by way of robbery; TITLE 27 C.F.R. § 72.11 - Meaning of terms; Commercial crimes; larceny; robbery; illegal sale; on the case, to wit:
2. The plaintiff requests verification of debt from defendant, (loan and bank) in order to establish weather defendant has standing to bring froth remedies entitled to defendant, plaintiff requests the defendant to produce the following as proof of claim within 30 days of this notice under Habeas Corpus.
1) The ORIGINAL WET INK SIGNATURE Promissory Note signed by defendant in association to the loan pursuant of USC Title 18, Part 1, Chapter 101 sec 2071. 
2) Proof that the defendant is in fact the Note Holder in due Course and have standing as a party of interest in this Promissory note as Plaintiff has reason to believe the defendant has sold the note under “mortgage backed securities instrument” to investors under a pooling of interest. 
3) Defendant to stipulate via affidavit that they are in fact a creditor in this loan/security instrument. A creditor needs to show true double entry accounting debits of the loss as a result of the issuance of the loan to plaintiff according to Generally Accepted Accounting Principles (GAAP).
If the defendant cannot produce proof of claim, they have no standing in any future controversy. If the defendant is unable to produce proof of claim, to Plaintiff, it is the wish of the court that defendant release all claims against plaintiff and grant rightful remedies for damages due the plaintiff. 
Law of the case
	The law of the case decreed as follows:
1. All items mentioned in California Evidence Code Sections 451 and 452, [among which is included the Federal Rules of Civil Procedure].
2."It is the public policy of this state that public agencies exist to aid in the conduct of the people's business....The people of this state do not yield their sovereignty to the agencies which serve them."  California Government Code, Section 11120.
3."In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business....The people of this State do not yield their sovereignty to the agencies which serve them."  California Government Code Section 54950.
4. The Administrative Procedure Act (APA) is a federal act that governs the procedures of administrative law. The APA is codified in 5 U.S.C. §§ 551–559.
5. "...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects...with none to govern but themselves....”  CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL (1793) pp471-472.
6. "The people of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative."  Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829), 21 Am.Dec. 89 10C Const. Law Sec. 298; 18 C Em.Dom. Sec. 3, 228; 37 C Nav.Wat. Sec. 219; Nuls Sec. 167; 48 C Wharves Sec. 3, 7.
7. "...This declaration of rights may not be construed to impair or deny others retained by the people."  California Constitution, Article 1, Declaration of Rights Sec. 24.
8."The state cannot diminish rights of the people."  Hurtado v. People of the State of California, 110 U.S. 516.
 9."The assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice."  Davis v. Wechsler, 263 US 22, 24.
10."Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."  Miranda v. Arizona, 384 US 436, 491.
11."There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights."  Sherer v. Cullen, 481 F 946.
12."Whereas, the people of California have presented a constitution....and which, on due examination, is found to be republican in its form of government...."  Act [of Congress] for the Admission of California into the Union, Volume 9, Statutes at Large, Page 452.
13."Republican government.  One in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated.  In re Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor v. Happersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627." Black's Law Dictionary, Fifth Edition, p. 626.
14."The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land."  California Constitution, Article 3, Sec. 1.
15."This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby; any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."  Constitution for the United States of America, Article VI, Clause 2.
16."A 'court of record' is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it..."  Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex Parte Gladhill, 8 Metc., Mass., 171, per Shaw, C. J.
17."The following persons are magistrates: ...The judges of the superior courts...."  California Penal Code, Sec. 808.
18."'...our justices, sheriffs, mayors, and other ministers, which under us have the laws of our land to guide, shall allow the said charters pleaded before them in judgement in all their points, that is to wit, the Great Charter as the common law....' Confirmatio Cartarum, November 5, 1297" "Sources of Our Liberties" Edited by Richard L. Perry, American Bar Foundation.
19."Henceforth the writ which is called Praecipe shall not be served on any one for any holding so as to cause a free man to lose his court."  Magna Carta, Article 34.
20."We cannot say with assurance that under the allegations of the pro se complaint, which we hold to less stringent standards than formal pleadings drafted by lawyers, it appears 'beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.'  Conley v. Gibson, 355 U.S. 41, 45-46 (1957).  See Dioguardi v. Durning, 139 F.2D 774 (CA2 1944)."  Haines v. Kerner, 404 U.S. 519.
21. An act of the court shall prejudice no man. Jenkins' Eight Centuries of Reports, 118; Brooms Legal Maxims, Lond. ed. 115; 1 Strange's Reports, 126; 1 Smith's Leading Cases, 245-255; 12
22. The word "court" is often employed in statutes otherwise than in its strict technical sense, and is applied to various tribunals not judicial in their character, State vs. Howat, 107 kan. 423, 191 P 585, 589;
23. RESERVATION OF SOVEREIGNTY: "Even if the Tribe's power to tax were derived solely from its power to exclude non-Indians from the reservation, the Tribe has the authority to impose the severance tax. Non-Indians who lawfully enter tribal lands remain subject to a tribe's power to exclude them, which power includes the lesser power to tax or place other conditions on the non-Indian's conduct or continued presence on the reservation. The Tribe's role as commercial partner with petitioners should not be confused with its role as sovereign. It is one thing to find that the Tribe has agreed to sell the right to use the land and take valuable minerals from it, and quite another to find that the Tribe has abandoned its sovereign powers simply because it has not expressly reserved them through a contract. To presume that a sovereign forever waives the right to exercise one of its powers unless it expressly reserves the right to exercise that power in a commercial agreement turns the concept of sovereignty on its head. Merrion v. Jicarilla Apache Tribe; Amoco Production Company v. Jicarilla Apache Indian Tribe, 455 U.S. 130, 131, 102 S.Ct. 894, 71 L.Ed.2d 21 (1981)
24. TITLE 18, U.S.C. SECTION 242 • Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both;
25. FRAUD, contracts, torts. Any trick or artifice employed by one person to induce another to fall into an error, or to detain him in it, so that he may make an agreement contrary to his interest. The fraud may consist either, first, in the misrepresentation, or, secondly, in the concealment of a material fact. Fraud, force and vexation, are odious in law. Booth, Real Actions, 250. Fraud gives no action, however, without damage; 3 T. R. 56; and in matters of contract it is merely a defence; it cannot in any case constitute a new contract. 7 Vez. 211; 2 Miles' Rep. 229. It is essentially ad hominem. 4 T. R. 337-8.
26. STATE, government. This word is used in various senses. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defense of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; (q. v.) and the state, and the people of the state, are equivalent expressions.
27. “There can be no limitation on the power of the people of the United States (of America). By their authority the State Constitutions were made and by their authority the Constitution for the United States (of America) was established…” Hauenstein vs. Lynham (100 US 483)
28. 28 USC 1361: Action to compel an officer of the United States to perform his duty §1361. Action to compel an officer of the United States to perform his duty. The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.
29. MANDAMUS, practice. The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command. It is a command issuing in the name of the sovereign authority from a superior court having jurisdiction, and is directed to some person, corporation, or, inferior court, within the jurisdiction of such superior court, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the superior court has previously determined, or at least supposes to be consonant to right and justice. 20 Pick. 484; 21 Pick. 258; Dudley, 37; 4 Humph. 437.
30. Absolute Judicial immunity is a myth. A Judge does not have absolute immunity. Judicial immunity does not apply when the following conditions exist: 1. when he is performing a non-judicial act, or 2. when he acts in the complete absence of all jurisdiction. Hirschfeld v. Rogers Is a state court judge, who has been individually divested of all jurisdiction over a case by virtue of being affirmatively disqualified, who refuses to acknowledge his own divestment, and thereafter commits unconstitutional torts solely under color of the case in which he knows, or should know, that he has lost all jurisdiction, subject to 42 U.S.C. 1981-88 liability.
31. TITLE 18 U.S.C.  §2076 - Clerk is to file: Whoever, being a clerk willfully refuses or neglects to make or forward any report, certificate, statement, or document as required by law, shall be fined under this title or imprisoned not more than one year, or both.
32. TITLE 18 U.S.C. §2071 - Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, documents filed or deposited with any clerk or officer of any court, shall be fined or imprisoned not more than three years, or both.
33. The attempt of a State Officer to enforce an unconstitutional statute is a proceeding without authority... is an illegal act, and the officer is stripped of his official charter and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to its officer immunity from responsibility to the supreme authority of the United States." Ex Parte Young, 209 U. S. 123, (1908). [Supreme Authority = Private men and women "we the people".]
34. Under USC Title 42 § 1986. Action for neglect to prevent states: "Every person who, having knowledge that any wrongs conspired or to be done . . . and having power to prevent or aid in preventing . . . Neglects or refuses so to do . . . shall be liable to the party injured. . . " "...an officer may be held liable in damages to any person injured in consequence of a breach of any of the duties connected with his office...the liability for nonfeasance, misfeasance, and for malfeasance in office is in his 'individual', not his official capacity." 70 Am. Jur. 2nd Sec. 50, VII Civil Liability.
35. TITLE 27 C.F.R. § 72.11 - Meaning of terms; Commercial crimes. Any of the following types of crimes (Federal or State): Offenses against the revenue laws; burglary; counterfeiting; forgery; kidnapping; larceny; robbery; illegal sale; or possession of deadly weapons; prostitution (including soliciting, procuring, pandering, white slaving, keeping house of ill fame, and like offenses); extortion; swindling and confidence games; and attempting to commit, conspiring to commit, or compounding any of the foregoing crimes. Addiction to narcotic drugs and use of marijuana will be treated as if such were commercial crime.;
36. UCC PART 6 SECTION 3-604 DISCHARGE BY CANCELLATION OR RENUNCIATION(a) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument (i) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party's signature, or the addition of words to the instrument indicating discharge, or (ii) by agreeing not to sue or otherwise renouncing rights against the party by a signed record.
37. UCC PART 3 SECTION 3-302 HOLDER IN DUE COURSE (1) the instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; (2) the holder took the instrument (i) for value, (ii) in good faith, (iii) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series, (iv) without notice that the instrument contains an unauthorized signature or has been altered, (v) without notice of any claim to the instrument described in Section 3-306, and (vi) without notice that any party has a defense or claim in recoupment described in Section 3-305(a).
38. GENERALLY ACCEPTED ACCOUNTING PRINCIPLES; GAAP stands for Generally Accepted Accounting Principles and refers to the standard accounting rules regarding the preparation, presentation, and reporting of financial statements in the United States. Unlike the international standard, IFRS, GAAP authorizes the use of both first in first out (FIFO) accounting and last in first out (LIFO) accounting. 
36. AN UNREBUTTED AFFIDAVIT STANDS AS TRUTH IN COMMERCE. (12 Pet. 1:25; Heb. 6:13-15;) Claims made in your affidavit, if not rebutted, emerge as the truth of the matter. Legal Maxim: "He who does deny, admit.
37. The Federal Rules of Civil Procedure are the rules of the above entitled court. The rules shall be construed and administered to secure the just, speedy, and inexpensive determination of this action.
38. FEDERAL RULES OF CIVIL PROCEDURE, 28 USCA: "every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings." U.S. V. WHITE COUNTY BRIDGE COMMISSION (1960), 2 Fr Serv 2d 107, 275 F2d 529, 535

REDRESS, FOR DAMAGES DUE REMEDIES

1. Law note: (if applicable in remedy) Release all claims on said promissory note, and no longer have any claim over said property and on any future claims, defendant is to cease and desist. Also due to the egregious level of damages by the defendant through trespass by way of deprivations of rights; and trespass by way of fraud; the court seeks damages full refund of all payment made to defendant with punitive damages included.
Estimate of damages; 1,000 a month; 12 months = 12,000; 20 years = $240,000.00 thousand dollars U.S. 
2. all claims are stated in us dollars which means that a us dollar will be defined, for this purpose as a one ounce silver coin of .999 pure silver or the equivalent par value as established by law or the exchange rate, as set by the us mint, whichever is the higher amount, for a certified one ounce silver coin (us silver dollar) at the time of the first day of default as set forth herein; if the claim is to be paid in Federal Reserve Notes, Federal Reserve Notes will only be assessed at Par Value as indicated above. 
 3. after total damages will be assessed as the total principal  amount of the damages as set forth herein times five (5) for a total of all damages as set forth in action for trespass notice in law # 5 added for egregious level of damages to five (5) times the damages for punitive or other additional damages. 
4. The wish of the court; we seek total monetary damages in this case of $1,200,000.00 million dollars;       
5. I am John Dow Henery.  I am the plaintiff in this case.  I have personal knowledge of the foregoing facts and am competent to testify as to the truth of these facts if called as a witness.  I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed in Tustin, California, on January 20, 2009.

Respectfully submitted

___________________________
John Dow Henery

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by Certified U.S. Mail: Bank of your Loan, 5467 Beach Street, Txr-998-01-90, Fort worth TX 76890-2233 this ________day of_______2023. 

                                 ____________________________________John Dow Henery

                                _____________________________________Witness

                               AFFIX MAILING CERTIFICATE HERE