1 Colbern C. Stuart III Email: Cole.Stuart@Lexevia.com 2 4891 Pacific Highway Ste.

102 San Diego, CA 92110 3 Telephone: 858-504-0171 Facsimile: 619-231-9143 4 In Pro Se 5 Dean Browning Webb (pro hac vice pending) Email: ricoman1968@aol.com 6 Law Offices of Dean Browning Webb 515 E 39th St. 7 Vancouver, WA 98663-2240 Telephone: 503-629-2176 8 Attorney for Plaintiffs California Coalition for Families and Children, PBC, and 9 Lexevia, PC 10 11 12 13 CALIFORNIA COALITION FOR 14 FAMILIES AND CHILDREN, et al. 15 16 v. Plaintiffs, Case No. 13cv1944-CAB-BLM Judge Cathy Ann Bencivengo DECLARATION OF COLBERN C. STUART IN SUPPORT OF REPLY IN SUPPORT OF MOTION TO STRIKE MATTER IN MOTION TO DISMISS Date: December 19, 2013 Time: 3:30 p.m. Courtroom:4C ORAL ARGUMENT REQUESTED SUBJECT TO COURT APPROVAL Complaint Filed: August 20, 2013 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

17 SAN DIEGO COUNTY BAR ASSOCIATION, et al, 18 Defendants. 19 20 21 22 23 24 25 26 27 28

-1STUART DEC ISO REPLY ISO MTN TO STRIKE MTN TO DISMISS 3:13cv1944 CAB (BLM)

1 I, Colbern Stuart, declare and state: 2 I am a Plaintiff in this action, President and founder of Plaintiff California

3 Coalition for Families and Children, PBC, and Chief Executive Officer of Lexevia, 4 PC. I have personal knowledge of the facts stated herein and if called to testify would 5 competently testify as follows: 6 7 8 I. Discovery Requested Pursuant to Fed.R.Civ.P 56(d): If granted leave as requested in the Motion to Strike, I intend to conduct

9 discovery on the following issues and exhibits presented in Defendants Motion to 10 Dismiss: 11 12 13 A. Request for Judicial Notice (Dkt#16-2) 1. RJN Exhibit A: The foundation, facts, and circumstances relating to the

14 Declaration in Support of Arrest Warrant made by San Diego City Attorneys Office 15 Deputy City Attorney Ms. Emily Garson attesting under oath to facts as follows: 16 17 18 19 20 21 22 23 24 25 26 27 28 b. The foundation, facts, and circumstances relating to the claim that based upon the 26 obscene and threatening emails between Stuart threatening messages via email despite criminal pending criminal action against him. In the Declaration Ms. Garson requested issuance of a warrant for Plaintiffs arrest based upon her sworn representations as to the criminal nature of the obscene and threatening emails contained in the official reports of the San Diego City Police Department. Ms. Garsons execution of the same. -2STUART DEC ISO REPLY ISO MTN TO STRIKE MTN TO DISMISS 3:13cv1944 CAB (BLM)

a. That Deputy City Attorney Garson read and reviewed the contents of San Diego City Police Department official reports containing 26 obscene and threatening emails between Plaintiff Stuart and his ex-wife, Lynn Stuart, apparently gathered in a misdemeanor criminal investigation;

1 2 3 4 5 6 2. RJN Exhibit B: The foundation, facts, and circumstances relating to the c. The foundation, facts, and circumstances relating to the April 6, 2010 signature of San Diego County Superior Court Judge Krauel, and the language Declaration read; probable cause to arrest found; warrant to issue.

7 Ex Parte Minutes form (CRM-177) relating to a misdemeanor criminal case. The 8 form references issuance of a misdemeanor warrant and bears a stamp Roger 9 Krauel, is dated April 14, 2010, but bears no reference to the Garson Declaration, 10 does not identify for whom the warrant was issued, the scope of the warrant, and does 11 not identify any agency receiving a warrant. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Related Allegations in the MTD: 27 28 a. The foundation, facts, and circumstances relating to Defendants -3STUART DEC ISO REPLY ISO MTN TO STRIKE MTN TO DISMISS 3:13cv1944 CAB (BLM)

a. The foundation, facts, and circumstances relating to the materiality or pertinence of this exhibit to any issue in this litigation.

b. The foundation, facts, and circumstances relating to the claim in Defendants MTD based on this exhibit that after March 24, 2010, I continued to send obscene and threatening messages.

c. The foundation, facts, and circumstances relating to the file referenced in the Garson Declaration, which appears itself to contain allegations or evidence relating to a San Diego City Police Department investigation or officer relating to emails, further hearsay, containing obscene and threatening language, also potentially hearsay.

1 2 3 4 5 6

representations that Contrary to his allegations, at the time of the seminar, there was an outstanding warrant for Stuarts arrest in connection with a criminal action (MTD 3:22), and that Stuart was arrested pursuant to the outstanding warrant (MTD 4:3).

3. RJN Exhibits D, F, and G: Printouts of Internet Pages at

7 http://members.calbar.org, http://www.azbar.org, and www.nvbar.org: 8 9 10 11 12 13 14 15 16 4. RJN Exhibit E: Unsigned Decision and Order of Inactive Enrollment: b. The foundation, facts, and circumstances relating to Exhibit D insofar as they contain the same misrepresentations contained in the Garson Declaration. a. The foundation, facts, and circumstances relating to these printouts of pages from internet websites purporting to reflect proceedings and matters within the State Bars of California, Arizona, and Nevada.

17 The foundation, facts, and circumstances relating to this document, which purports to 18 be evidence of state bar proceedings within the State Bar of Nevada, including all 19 testimony or evidence contained therein. 20 21 22 23 a. The foundation, facts, and circumstances relating to this document. 24 25 26 27 a. The foundation of these documents. 28 -4STUART DEC ISO REPLY ISO MTN TO STRIKE MTN TO DISMISS 3:13cv1944 CAB (BLM)

5. RJN Exhibit H: Order Of Temporary Suspension:

6. RJN Exhibits C and I:

1 2

B. Nesthus Declaration (Dkt#16-3) For many of the same reasons, Plaintiff requests discovery relating to the

3 foundation, facts, and circumstances relating to Nesthus Declaration insofar as it 4 proffers evidence, testimony, foundation, or other matter, including but not limited to 5 the following: 6 1. The events by Ms. Nesthus after she became aware of the Complaint

7 calling around to parties and counsel requesting withdrawal of the Complaint, 8 demands to remove home addresses from the on-file Complaint, hearsay 9 representations regarding Ms. Nesthus conversations with Mr. Webb about details of 10 his representation of Plaintiffs. 11 2. Her knowledge of any partys involvement in the pattern of HARASSMENT

12 AND ABUSE identified in the Complaint and the Motion for Harassment Temporary 13 Restraining order (Compl. 188, 202, 203, 228, 276, 279-80, 294, 386-391; Dkt#4). 14 3. Her knowledge of the foundation, facts, and circumstances relating to All

15 Immunity Affirmative Defenses 16 4. The knowledge, or the knowledge of any Superior Court Defendant, of the

17 foundation, facts, and circumstances relating to MTD sections C, D, and E the 18 substantive affirmative defenses of absolute judicial and sovereign immunities. Such 19 defenses are evidentiary, and the foundations for them are the proper subjects for 20 discovery. 21 5. The foundation, facts, and circumstances relating to the letter dated August

22 23, 2013 from Ms. Kristine Nesthus, Court Counsel for Defendant Superior Court of 23 the County of San Diego (SCSDC), including Ms. Nesthus representation to write on 24 behalf of Defendants TRENTACOSTA, ALKSNE, WOHLFEIL, and SCHALL; that 25 she and/or one or more of the defendants she writes on behalf of have received the 26 Summons and VERIFIED COMPLAINT, and/or became aware of its existence in 27 this Courts PACER electronic filing system and on the Internet. Ms. Nesthus 28 objection to the VERIFIED COMPLAINT existing in such locations; Ms. Nesthus -5STUART DEC ISO REPLY ISO MTN TO STRIKE MTN TO DISMISS 3:13cv1944 CAB (BLM)

1 representation that she writes on behalf of other, unnamed parties which she variously 2 identifies as other judicial officers of the Court and all defendants. 3 6. The foundation, facts, and circumstances relating to Ms. Nesthus assertion

4 that publication of the VERIFIED COMPLAINT containing Defendants places of 5 residence is a violation of Cal. Govt C. 6254.21(c)(A) and (E) (the California 6 Public Records Act or CPRA), 7 7. The foundation, facts, and circumstances relating to Ms. Nesthus demands

8 that I IMMEDIATELY 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8. The foundation, facts, and circumstances relating to Ms. Nesthus statement D. That you are hereby advised that you are prohibited from further transmitting this information to any other person, business, or association, through any other medium. C. Remove the same from PACER because the complaint is available on PACER, Government Code section 6254.21 requires you to take immediate steps to remove this information from PACER. and B. Remove the same for any other judicial officers of the Court; A. Remove from the above websites, and the internet generally, any and all information concerning the residential addresses and telephone numbers of the aforementioned judges

25 that I Be assured that the Court will take all necessary legal actions to remedy this 26 situation and ensure the safety of its judicial officers. 27 28 9. The legal foundations for Ms. Nesthuss demands above. -6STUART DEC ISO REPLY ISO MTN TO STRIKE MTN TO DISMISS 3:13cv1944 CAB (BLM)

10. The foundation, facts, and circumstances relating to Ms. Nesthus

2 understanding and interpretation of The California Government Code section cited 3 above and in Ms. Nesthus letter, Cal. Govt C. 6254.21 purports to prohibit speech 4 based on content (the address and phone number of public officials), including its 5 constitutionality. 6 11. The factual and legal foundations and circumstances relating to Ms.

7 Nesthus assertion that her clients personal privacy interests as expressed in the 8 CPRA are superior to First Amendment rights regarding public officials. 9 12. The foundation, facts, and circumstances relating to Ms. Nesthus assertion

10 that the act of filing the COMPLAINT including the addresses of judges Trentacosta, 11 Wohlfeil, Alksne, and Schall constitutes a serious threat to their safety as well as 12 their family members. 13 13. The foundation, facts, and circumstances relating to any Defendants

14 understanding of the validity, scope, and enforceability of the CPRA. 15 14. The legal foundation relating whether the CPRA proscription against

16 disclosure on the internet is the least restrictive means for protecting the privacy 17 interest asserted. 18 15. The foundation, facts, and circumstances relating to any assertion that the

19 address, telephone, and even email contact information for Judges Trentacosta, 20 Schall, Wohlfeil, and Alksne are not available from numerous sources, including the 21 county registrar of voters, online election campaign financing forms, online and hard22 copy phone books, public address databases, credit records, public campaign funding 23 filings, tax records, and a wide variety of other publically-available sources. 24 16. Ms. Nesthus knowledge, awareness, or participation in any events or

25 allegations in the Complaint, including but not limited to the STUART ASSAULT, 26 the HARASSEMENT AND ABUSE, the DUE COURSE OF JUSTICE. 27 17. All communications by Ms. Nethus with any party, counsel for any party,

28 any San Diego County Sheriffs Department officer or employee, or any other person -7STUART DEC ISO REPLY ISO MTN TO STRIKE MTN TO DISMISS 3:13cv1944 CAB (BLM)

1 relating to the events described in the Ex Parte Application for Emergency 2 Harassment Restraining Order. 3 18. The legal foundation, facts, and circumstances relating any Defendants

4 understanding, awareness, enforcement, or communication relating to the Courts 5 General Order 550. 6 19. Any alleged burdens on any defendant in the granting a HARASSMENT

7 TRO under 18 U.S.C. 1514 on all parties are insignificant as Defendants have no 8 legitimate interest to further HARRASSMENT AND ABUSE and obstruction of the 9 DUE COURSE OF JUSTICE. 10 20. The entirety of Ms. Nesthus and any Defendants communications with

11 Mr. Webb, court personnel, as well as her other post-filing activities described in the 12 Nesthus Declaration and elsewhere, including her or any other entitys involvement 13 or coordination of San Diego Sheriffs Department Deputies and perhaps other 14 authorities to communicate with any entity to request that they alter the availability of 15 Plaintiffs Complaint from any location. 16 17 18 D. Other Discovery 1. All facts and circumstances relating to any claim that The STUART

19 ASSAULT was pursuant to warrant or otherwise authorized under law. 20 2. All facts, documents, witnesses relating to allegations in the Complaint

21 relating to THE STUART ASSAULT, the STUART ASSAULT COORDINATORS, 22 SDCBA ENGAGEMENT, CHILLING, DDIJO Complaints I, II, the DOYNE INC 23 Complaints I-IV, the DUE COURSE OF JUSTICE, and each related Count or Claim 24 for Relief in the Complaint. 25 26 27 II. Lexevias Revival A. I am the founder and Chief Executive Officer of Lexevia, PC. Due

28 substantially to the events described in the Complaint, Lexevia has been hobbled -8STUART DEC ISO REPLY ISO MTN TO STRIKE MTN TO DISMISS 3:13cv1944 CAB (BLM)

1 from operating as a going concern. 2 B. As a result of my failure to file a Statement of Information with the

3 Secretary of State in 2011, Lexevias corporate status was placed in suspension. 4 C. I am in process of curing that suspension. On November 28, 2013, I filed

5 the required Statement of Information. Ex. A hereto is a true and correct copy of 6 that document. On December 6, 2013, I filed a Petition to Revive with the Secretary 7 of State and Franchise Tax Board. Ex. B hereto is a true and correct copy of that 8 document. I believe that those documents are all that are required to revive Lexevias 9 status to good standing. 10 D. I am informed and believe that the process of revival takes the Secretary of

11 State and Franchise Tax Board some time to process. I am optimistic that I can 12 achieve revival of Lexevia by February 28, 2014. I continue to work diligently to 13 achieve this result. 14 15 16 III. Corporate Plaintiffs Counsel Mr. Dean Browning Webb A. Dean Browning Webb is counsel for Lexevia, PC and California Coalition

17 for Families and Children, PBC (Corporate Plaintiffs). I retained his services in 18 connection with Corporate Plaintiffs in this litigation on or about August 1, 2013. He 19 agreed to represent both Corporate Plaintiffs, but advised he is not admitted to 20 practice in this District Court. We agreed that I would proceed to identify local 21 counsel admitted to this Court to sponsor Mr. Webb, whereupon Mr. Webb would 22 formally appear as litigation counsel. 23 B. Since hiring Mr. Webb, I have continued to work diligently to retain local

24 counsel in order to achieve Mr. Webbs pro hac vice admission. However, because 25 of the conflict profile of this case and complex legal issues involved, there are a 26 limited number of firms capable of accepting representation as local counsel. 27 Further, CCFCs litigation budget in this matter limits the pool of counsel who would 28 otherwise be willing to accept a local counsel engagement. -9STUART DEC ISO REPLY ISO MTN TO STRIKE MTN TO DISMISS 3:13cv1944 CAB (BLM)

C. I have personally contacted dozens of counsel, none of whom could

2 overcome the many challenges to reaching an agreement toward representation as 3 local counsel to sponsor Mr. Webb. 4 D. Mr. Webbs ability to participate in this litigation has also been hindered by

5 Defendants actions. As detailed in the Ex Parte Application for a Temporary 6 Harassment Restraining Order (Dkt#4), Ms. Kristine Nesthus contacted Mr. Webb 7 shortly after she became aware of the filing of this action. Ms. Nesthus made certain 8 statements to Mr. Webb which Mr. Webb took to be accusations of wrongdoing 9 based upon his representation. 10 E. As a result, Mr. Webbs ability to zealously advocate for the Corporate

11 Plaintiffs has been chilled, making the process of proceeding on behalf of the 12 Corporate Plaintiffs even more difficult. 13 F. I continue to pursue retention of local counsel on behalf of the Corporate

14 Plaintiffs, and am hopeful to achieve the same as expeditiously as possible. 15 G. Though I cannot appear as counsel or on behalf of any Corporate Plainitff,

16 as President and Chief Executive Officer of Lexevia, PC and California Coalition for 17 Families and Children, I respectfully request the Courts permission to continue to 18 pursue local counsel to sponsor Mr. Webb, and permission to continue my efforts to 19 revive Lexevias corporate status as indicated above, without being dismissed from 20 the case while I do. Up achievement of these goals, Lexeiva and CCFC intend to 21 continue this litigation to pursue remedies for past injury and to protect and promote 22 the interests parents and children nationwide. 23 I declare under the penalty of perjury of the laws of the United States that the By: /s/ Colbern C. Stuart, III Colbern C. Stuart, III, President, California Coalition for Families and Children, PBC in Pro Se -10STUART DEC ISO REPLY ISO MTN TO STRIKE MTN TO DISMISS 3:13cv1944 CAB (BLM)

24 foregoing is true and correct. 25 DATED: December 12, 2013 26 27 28

1 2
CERTIFICATE OF SERVICE

3 The undersigned hereby certifies that all counsel of record who are deemed to have 4 5 6 court's CM-ECF system per Federal Rule of Civil Procedure 5(b )(2)(E). Any other 7 counsel of record will be served by facsimile transmission and/or first class mail this 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -11STUART DEC ISO REPLY ISO MTN TO STRIKE MTN TO DISMISS 3:13cv1944 CAB (BLM)

consented to electronic service are being served with a copy of this document via the

12th day of December, 2013.

By: /s/

Colbern C. Stuart, III

Colbern C. Stuart, III, President, California Coalition for Families and Children, PBC in Pro Se

California Coalition for Families and Children, et al v. San Diego County Bar Association, USDC SDCA Case No. Case No. 13cv1944-CAB-BLM
Declaration of Colbern C. Stuart

Exhibit A

State of California
Secretary of State
Statement of Information
(Domestic Stock and Agricultural Cooperative Corporations)

S
EV34288

FEES (Filing and Disclosure): $25.00. If this is an amendment, see instructions.

IMPORTANT READ INSTRUCTIONS BEFORE COMPLETING THIS FORM
1. CORPORATE NAME

FILED
In the office of the Secretary of State of the State of California

LEXEVIA, PC

NOV-28 2013

2. CALIFORNIA CORPORATE NUMBER

C3195397
No Change Statement (Not applicable if agent address of record is a P.O. Box address. See instructions.)
3.

This Space for Filing Use Only

If there have been any changes to the information contained in the last Statement of Information filed with the California Secretary of State, or no statement of information has been previously filed, this form must be completed in its entirety. If there has been no change in any of the information contained in the last Statement of Information filed with the California Secretary of State, check the box and proceed to Item 17.

Complete Addresses for the Following (Do not abbreviate the name of the city. Items 4 and 5 cannot be P.O. Boxes.)
4. 5. 6. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY MAILING ADDRESS OF CORPORATION, IF DIFFERENT THAN ITEM 4 CITY CITY CITY STATE STATE STATE ZIP CODE ZIP CODE ZIP CODE

4891 PACIFIC HWY STE 102, SAN DIEGO, CA 92110

4891 PACIFIC HWY STE 102, SAN DIEGO, CA 92110

7.

EMAIL ADDRESS FOR RECEIVING STATUTORY NOTIFICATIONS

Names and Complete Addresses of the Following Officers (The corporation must list these three officers. A comparable title for the specific officer may be added; however, the preprinted titles on this form must not be altered.)
7. 8. 9. CHIEF EXECUTIVE OFFICER/ SECRETARY CHIEF FINANCIAL OFFICER/ ADDRESS ADDRESS CITY CITY CITY STATE STATE STATE ZIP CODE ZIP CODE ZIP CODE

COLBERN C STUART

4891 PACIFIC HWY STE 102, SAN DIEGO, CA 92110

COLBERN C STUART
COLBERN STUART

4891 PACIFIC HWY STE 102, SAN DIEGO, CA 92110

ADDRESS

4891 PACIFIC HWY STE 102, SAN DIEGO, CA 92110

Names and Complete Addresses of All Directors, Including Directors Who are Also Officers (The corporation must have at least one
director. Attach additional pages, if necessary.)
10. NAME ADDRESS CITY CITY CITY STATE STATE STATE ZIP CODE ZIP CODE ZIP CODE

COLBERN C STUART
11. NAME 12. NAME

4891 PACIFIC HWY STE 102, SAN DIEGO, CA 92110

ADDRESS ADDRESS

13. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY:

Agent for Service of Process If the agent is an individual, the agent must reside in California and Item 15 must be completed with a California street
address, a P.O. Box address is not acceptable. If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to California Corporations Code section 1505 and Item 15 must be left blank.
14. NAME OF AGENT FOR SERVICE OF PROCESS [Note: The person designated as the corporation's agent MUST have agreed to act in that capacity prior to the designation.]

COLBERN C STUART
15. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE

4891 PACIFIC HWY STE 102, SAN DIEGO, CA 92110

Type of Business
16. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION

CALIFORNIA COALITION FOR FAMIL

17. BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT.

11/28/2013
DATE SI-200 (REV 01/2013)

COLBERN C STUART
TYPE/PRINT NAME OF PERSON COMPLETING FORM

CEO
TITLE SIGNATURE APPROVED BY SECRETARY OF STATE

Page 1 of 1

California Coalition for Families and Children, et al v. San Diego County Bar Association, USDC SDCA Case No. Case No. 13cv1944-CAB-BLM
Declaration of Colbern C. Stuart

Exhibit B

STATE OF CALIFORNIA FRANCHISE TAX BOARD PO BOX 942857 SACRAMENTO CA 94257-2021

Notice Date:

Application for Certicate of Revivor Corporation Lexevia PC 4891 Pacific Hwy Ste 102 San Diego, CA 92110

Entity Number: FEIN: SOS Number:

C3195397

Before the California Franchise Tax Board In the matter of the application for certicate of revivor of: Entity Name: Address:
Lexevia, PC 4891 Pacific Hwy Ste 102 San Diego CA 92110

I request relief from suspension or forfeiture for this entity. I previously submitted or I am enclosing all required payments, returns, or documents.
Colbern Stuart Print Name _____________________________________ President Title ________________________________ 12/3/13 Date ________________________________

Signature ______________________________________ Daytime Phone Number 858.504.0171 ___________________________

Those who can sign this application on behalf of an entity (domestic or foreign) include: Any stockholder, creditor, member, general partner, or ofcer. Any person having an interest in relief from suspension or forfeiture. Domestic entities can also have a majority of the surviving trustees or directors sign on their behalf.

FTB 3557 BC (REV 07-2013)

355747071371

STATE OF CALIFORNIA FRANCHISE TAX BOARD PO BOX 942857 SACRAMENTO CA 94257-0540

Entity Status Letter

Date:

12/9/2013

ESL ID: 6887862313

According to our records, the following entity information is true and accurate as of the date of this letter. Entity ID: Entity Name: LEXEVIA PC

1. The entity is in good standing with the Franchise Tax Board. 2. The entity is not in good standing with the Franchise Tax Board. 3. The entity is currently exempt from tax under Revenue and Taxation Code (R&TC) Section 23701 . 4. We do not have current information about the entity. The above information does not necessarily reflect: The entitys status with any other agency of the State of California, or other government agency. If the entitys powers, rights, and privileges were suspended or forfeited at any time in the past, or the entity did business in California at a time when it was not qualified or not registered to do business in California: o The status or voidability of any contracts made in California by the entity at a time when the entity was suspended or forfeited (R&TC Sections 23304.1, 23304.5, 23305a, 23305.1). o For entities revived under R&TC Section 23305b, any time limitations on the revivor or limitation of the functions that can be performed by the entity.

Internet and Telephone Assistance Website: ftb.ca.gov Telephone: 800.852.5711 from within the United States 916.845.6500 from outside the United States TTY/TDD: 800.822.6268 for persons with hearing or speech impairments

FTB 4263A WEB (NEW 02-2012)