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MARY CUMMINS Defendant 645 W. 9th St. #110-140 Los Angeles, CA 90015 In Pro Per Telephone: (310) 877-4770 Email: mmmaryinla@aol.com SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES BAT WORLD SANCTUARY, AMANDA LOLLAR Plaintiffs v. MARY CUMMINS Defendant
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Case No. BS140207 DEFENDANTS EMERGENCY EX PARTE MOTION TO VACATE SISTER STATE JUDGMENT, VOID/ REVERSE BANK LEVY; DECLARATION BY DEFENDANT PRO SE IN SUPPORT THEREOF; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; AND DECLARATION OF EX PARTE NOTICE [PROPOSED] ORDER LODGED HEREWITH Date: December 13, 2013 Time: 8:30 Dept.: 24 Judge: Robert Hess

TO THE ABOVE-ENTITLED COURT AND ALL INTERESTED PARTIES HEREIN: Appearing ex parte, Defendant Pro Se Mary Cummins (hereinafter Defendant) hereby moves to set aside the ruling made by the Court on December 12, 2013 authorizing Plaintiffs to take a $4,390 bank levy from Defendants OneWest bank account. This ex parte motion is based upon the grounds that Defendant filed a Motion
DEFENDANTS EMERGENCY EX PARTE MOTION TO VACATE SISTER STATE JUDGMENT, VOID/REVERSE BANK LEVY; DECLARATION BY DEFENDANT PRO SE IN SUPPORT THEREOF; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; AND DECLARATION OF EX PARTE NOTICE 1

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to Vacate Sister State Judgment and Opposition to Plaintiffs Objection to Exemptions December 11, 2013 which the Judge did not receive or review for some reason. Defendant offered to give the Judge her stamped certified copies of the motions at the hearing but Judge Hess refused. This motion is made ex parte because the Judge approved releasing Defendants money to Plaintiffs. If the Courts ruling is allowed to stand, Defendant will suffer irreparable har. This motion is made pursuant to Code of Civil Procedure (hereinafter CCP) 473(d), and is based upon the accompanying Declaration by Defendant Pro Se, the accompanying Memorandum of Points and Authorities, the accompanying Declaration of Ex Parte Notice, all pleadings and papers on file in the above-captioned action, and other evidence that may be presented by Defendant at the hearing on this motion. Dated: December 12, 2013 __________________________________ Mary Cummins Defendant Pro Se

DEFENDANTS EMERGENCY EX PARTE MOTION TO VACATE SISTER STATE JUDGMENT, VOID/REVERSE BANK LEVY; DECLARATION BY DEFENDANT PRO SE IN SUPPORT THEREOF; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; AND DECLARATION OF EX PARTE NOTICE 2

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DECLARATION BY DEFENDANT PRO SE I, Mary Cummins, declare as follows: 1. I am a resident of the State of California and over the age of 18 years. I have personal knowledge of the facts set forth in this declaration, and, if called to testify as a witness, I could competently testify to said facts. 2. 3. I am Defendant pro se in the above-captioned matter (Case Number: BS140207). December 6, 2013 I emailed Plaintiffs attorney David Watts that I would be filing a reply to his Notice of Opposition to Claim of Exemptions which he filed September 26, 2013 and mailed to me in November. I would also file a motion to vacate. 4. December 9, 2013 I sent a request to meet and confer with Plaintiffs Texas attorney Randy Turner stating that I will be filing a Motion for Stay of Final Judgment Pending Appeal. He did not reply. 5. December 10, 2013 I filed my Motion for Stay of Final Judgment Pending Appeal in the 352nd District court which is the court where the sister state judgment originated. This is the first and only time I have filed a motion to stay the judgment in the 352nd court pending appeal. 6. I appealed the 352nd District court ruling to the Second Court of Appeals in Texas. Briefs were submitted September 10, 2013 along with amicus briefs on my behalf from Public Citizen and attorney David Casselman. 7. December 11, 2013 I emailed a Motion to Vacate the Sister State Judgment based on the motion now pending in 352nd District Court to Plaintiffs California attorney David Watts. I attached the Motion for Stay of Final Judgment Pending Appeal along with all exhibits. I also emailed a Motion Objecting to Plaintiffs Opposition to Exemptions to David Watts.
DEFENDANTS EMERGENCY EX PARTE MOTION TO VACATE SISTER STATE JUDGMENT, VOID/REVERSE BANK LEVY; DECLARATION BY DEFENDANT PRO SE IN SUPPORT THEREOF; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; AND DECLARATION OF EX PARTE NOTICE 3

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8. 9.

December 11, 2013 David Watts in email stated he received the motions. David Watts has stated that service by email is acceptable. Opposition to Exemptions was filed with the court with court date December 12, 2013. I received an official stamped copy of these motions. I asked the clerk if I should walk them up to Dept 24 and she stated there was no need. Judge Hess would receive them in time.

10. December 11, 2013 the Motion to Vacate and Motion Objecting to Plaintiffs

11. December 12, 2013 was the hearing for Plaintiffs Opposition to Exemptions and Motion to Vacate. 12. I heard Plaintiffs attorney David Watts tell Judge Hess that my motion to vacate had already been heard and I lost. This motion for vacate was never heard or lost. Watts committed fraud upon the court by lying. 13. I heard Plaintiffs attorney David Watts tell Judge Hess that he did not receive notice of my motions. Watts admitted in writing he received them. Watts committed fraud upon the court by lying. 14. Judge Robert Leslie Hess only heard and read the Plaintiffs Opposition to Exemptions. Judge Hess did not read my reply and exemptions. Judge Hess stated he did not receive my Motion Objecting to Plaintiffs Opposition to Exemptions or my Motion to Vacate. 15. I offered to give Judge Hess my official stamped copies of the motions but he refused. 16. I stated in court that 645 W. 9th #110-140, Los Angeles CA 90015 is my mailbox at a UPS store in the Ralphs market. 110 is the address for the UPS store. 140 is my box number. It is not an office. I do not work there. 17. I stated in court that I am a pro se and do not know the proper way to file the appropriate motions and response.
DEFENDANTS EMERGENCY EX PARTE MOTION TO VACATE SISTER STATE JUDGMENT, VOID/REVERSE BANK LEVY; DECLARATION BY DEFENDANT PRO SE IN SUPPORT THEREOF; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; AND DECLARATION OF EX PARTE NOTICE 4

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18. Judge Hess told me I must file an ex parte motion which I have just done. 19. As I left the court room I left certified stamped copies of my filed motions at the clerks desk. 20. When I got home I called the court clerk to find out proper procedure to file an ex parte motion and set a hearing. 21. I was told to just bring the motion to the court 8:30 am and it would be heard that day. 22. I told the court I would be there the next morning at 8:30 am. 23. December 12, 2013 I emailed David Watts my Application for Ex Parte Motion which he admitted receiving. 24. December 12, 2013 David Watts sent me a notice of court call. I told him I do not agree because I will be submitting my documents in court because I hadnt finished writing them yet. He wont be able to see them on the phone. 25. This emergency ex parte application was made because Judge Hess ruled that Plaintiffs could take my bank account. If this happens, I will suffer great harm. 26. I do not have a copy of the December 12, 2013 ruling. 27. Attached as Exhibit 1 is a true and correct copy of the case summary in LASC. 28. Attached as Exhibit 2 is a true and correct copy of the application for ex parte motion noticed to David Watts. I declare under penalty of perjury that the foregoing is true and correct. Signed at Los Angeles, California on December 12, 2013. Dated: December 12, 2013 ________________________________ Mary Cummins
DEFENDANTS EMERGENCY EX PARTE MOTION TO VACATE SISTER STATE JUDGMENT, VOID/REVERSE BANK LEVY; DECLARATION BY DEFENDANT PRO SE IN SUPPORT THEREOF; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; AND DECLARATION OF EX PARTE NOTICE 5

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Exhibit 1

DEFENDANTS EMERGENCY EX PARTE MOTION TO VACATE SISTER STATE JUDGMENT, VOID/REVERSE BANK LEVY; DECLARATION BY DEFENDANT PRO SE IN SUPPORT THEREOF; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; AND DECLARATION OF EX PARTE NOTICE 6

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MEMORANDUM OF POINTS AND AUTHORITIES 1. Introduction The ruling made in the above-captioned matter by this Court on December 12, 2013, (hereinafter the Ruling), granting the taking of Defendants only bank account and all money by Plaintiffs, was made without viewing the written Opposition of Defendant, Motion to Vacate and Exhibits. As supported by the Declaration of Defendant Pro Se, Defendant is a pro se who did not, does not know the proper procedure to object to the opposition and file a motion to vacate. If Defendant had known to file an ex parte application, Defendant would have done so, and vigorously opposed the Opposition to Exemptions. As it stands as soon as Judge Hess notified Defendant she must file an ex parte motion, Defendant did so immediately. Defendants right to due process compels this Court to set aside and to revoke the ruling. Hereinafter, CCP refers to the Code of Civil Procedure, and CRC refers to the California Rules of Court. 2. Defendant had the right to file a motion to vacate judgment and objection to Plaintiffs Opposition to Exemptions The U.S. Supreme Court has made it clear that parties have the right to due process. Judge Hess knew that Defendant was a pro se and not an attorney. While a Judge cannot give legal advice the Judge must advice pro se of their rights. The Judge also has leeway in dealing with pro se parties as they relate to proper legal procedures. Defendant requested leave to file the proper documents properly but was denied. 3. The Court Should Set the Ruling Aside as Void Pursuant to CCP 473(d). The Court May Set Aside a Void Order at Any Time. The Court may, at any time, set aside a ruling that it determines to be void.
DEFENDANTS EMERGENCY EX PARTE MOTION TO VACATE SISTER STATE JUDGMENT, VOID/REVERSE BANK LEVY; DECLARATION BY DEFENDANT PRO SE IN SUPPORT THEREOF; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; AND DECLARATION OF EX PARTE NOTICE 7

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The court may, .... on motion of either party after notice to the other party, set aside any void judgment or order. CCP 473(d), emphasis added. 4. The Facts of the Case Support Ex Parte Issuance of the Requested Order. The Court may issue an order ex parte based on affirmative evidence that the party applying for the relief will suffer irreparable harm if the matter is delayed until it can be heard on notice. An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte. CRC rule 379(b). Judge Hess approved the taking of Defendants bank account December 12, 2013. This order must be reversed immediately or Defendant will suffer irreparable harm. There is not enough time to file a proper motion with notice before the money will be taken. Therefore, the requirement of CRC rule 379(b) is satisfied, and ex parte issuance of the requested order is appropriate. 5. In the Alternative the Court Should Issue an Order Staying the bank levy, Shortening Time, or Postponing the hearing Date, for the Motion to Be Heard at a Noticed Hearing. In the event that Defendants attorney, or the Court, needs additional time for consideration of this motion, as an alternative to ex parte issuance of the requested order, the above-described irreparable harm can also be avoided by a noticed hearing at least seven days prior to a hearing. Such can be accomplished by either (a) the Court issuing an order shortening time for a noticed hearing to be held no later than seven days, or (b) the Court issuing an order postponing the bank levy until after a properly noticed hearing. As to a noticed hearing, for which the notice must normally be served at least 16 days before the hearing, the Court has the authority to shorten such time:
DEFENDANTS EMERGENCY EX PARTE MOTION TO VACATE SISTER STATE JUDGMENT, VOID/REVERSE BANK LEVY; DECLARATION BY DEFENDANT PRO SE IN SUPPORT THEREOF; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; AND DECLARATION OF EX PARTE NOTICE 8

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Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. ... The court, or a judge thereof, may prescribe a shorter time. CCP 1005(b). (a) [In general] Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed in accordance with Code of Civil Procedure section 1005. CRC, rule 317(a). 6. Conclusion For the foregoing reasons, Defendants motion to set aside December 12, 2013, Ruling [CCP 473(d); CCP 1005(b) should be GRANTED. Dated: December 12, 2013 _______________________________ Mary Cummins Defendant Pro Se

DEFENDANTS EMERGENCY EX PARTE MOTION TO VACATE SISTER STATE JUDGMENT, VOID/REVERSE BANK LEVY; DECLARATION BY DEFENDANT PRO SE IN SUPPORT THEREOF; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; AND DECLARATION OF EX PARTE NOTICE 9

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DECLARATION OF EX PARTE NOTICE I, the undersigned, declare: I am a citizen of the United States of America and am over the age of eighteen (18) years. My business mailing address is 645 W 9th St #110-140, Los Angeles, CA 90015. At 2:00 p.m. I emailed my application for ex parte motion to the office of attorney David Watts at davidw@dwatts.net. I informed him that I will be appearing ex parte in the above-captioned matter on December 13, 2013, at 8:30 a.m. in Department 24 of the above-entitled court. He stated he would appear by court call. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 12, 2013, at Los Angeles, California, 90077. __________________________ Mary Cummins

DEFENDANTS EMERGENCY EX PARTE MOTION TO VACATE SISTER STATE JUDGMENT, VOID/REVERSE BANK LEVY; DECLARATION BY DEFENDANT PRO SE IN SUPPORT THEREOF; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; AND DECLARATION OF EX PARTE NOTICE 10

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MARY CUMMINS Defendant 645 W. 9th St. #110-140 Los Angeles, CA 90015 In Pro Per Telephone: (310) 877-4770 Email: mmmaryinla@aol.com SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES BAT WORLD SANCTUARY, AMANDA LOLLAR Plaintiffs v. MARY CUMMINS Defendant
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Case No. BS140207

[PROPOSED] ORDER Date: December 13, 2013 Time: 8:30 Dept.: 24 Judge: Robert Hess

GOOD CAUSE HAVING BEEN SHOWN, IT IS ORDERED THAT: The ruling made on December 12, 2013, in the above-entitled matter, which allowed Plaintiffs to take the bank levy of $4,390 from Defendants OneWest bank account, is set aside as VOID. If the money has already been removed from the account, Plaintiffs must give Defendant $4,390 within five days. IT IS SO ORDERED. Dated: _________________ ________________________________ Judge Robert L. Hess
DEFENDANTS EMERGENCY EX PARTE MOTION TO VACATE SISTER STATE JUDGMENT, VOID/REVERSE BANK LEVY; DECLARATION BY DEFENDANT PRO SE IN SUPPORT THEREOF; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; AND DECLARATION OF EX PARTE NOTICE 11

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