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InfoTelesys Lawsuit: I. CLAIMS UPON WHICH RELIEF CAN BE GRANTED / CONSTITUTIONAL RIGHTS VIOLATED

Fortieth Claim For Relief    Violation of U.S. Const. 7th Amendment [Trial by Jury, Common Law]

7th Amendment: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

PLAINTIFFS:

All Plaintiffs

DEFENDANTS:  

IRWIN JOSEPH, Irwin Joseph

JEREMY FOGEL, Jeremy Fogel,

JAMES WARE, James Ware

SAMUEL S. STEVENS, Samuel S. Stevens

MICHAEL E. BARTON, Michael E. Barton

ART DANNER, Art Danner (deceased)

TRILLA E. BAHRKE, Trilla E. Bahrke

PHYLLIS J. HAMILTON, Phyllis J. Hamilton

COUNTY OF SANTA CRUZ, County of Santa Cruz

STATE OF CALIFORNIA, State of California

UNITED STATES OF AMERICA, United States of America

Jon Doe’s, 1 to n.

VIOLATION OF CIVIL RIGHTS & ULTIMATE FACTS

Starting from March 10, 2003 to present, in the above named Judicial District, DEFENDANTS listed above repeatedly violated PETITIONERS 7th Amendment Right to a Trial By Jury, DEFENDANTS listed above, who did willfully and unlawfully under the color of law commit said crime / action.  Of the two cases the government took to trial, FL 06858 and CT 72-002045, both trials were such extraordinarily and outrageous shams that they failed to be Trials By Jury, but were instead trials by a judge and commissioner respectively where said judge and commissioner acted criminally and prevented all the substantial evidence proving Clive Boustred’s innocence from getting before the jury and where they specifically prevented and even struck Clive Boustred’s testimony and any important argument in his defense that proved his innocence.  The Courts have flat out refused to give PETITIONERS any Trial By Jury which is Petitioners right under the 6th and 7th Amendment to the Constitution of the United States of America.

See Opening Briefs for Santa Cruz Superior Court Case FL 16028, F 06858, and CV 148542, Placer County Superior Court case Ct 72-002045 and UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case Numbers C 05-00996 and C07 00391 included in the Exhibits CD and incorporated herein by reference.

DAMAGES

As a proximate consequence of the willful and malicious actions of DEFENDANTS, PLAINTIFF’S have sustained extraordinary damage in a sum to be determined per proof, including severe and extreme emotional stress and anguish, parental alienation, lost time, lost business investments, lost business and prosperity, damaged reputation including both slander and libel, interference with the pursuit of happiness, loss of domestic tranquility, loss of general welfare, and the loss of basic liberties such as enjoying life with one’s own children!

Damages incurred by Plaintiffs as a direct or indirect consequence to the above mentioned and referenced actions by DEFENDANTS are also incorporated herein as listed in the “K DAMAGES” section of this Complaint.

Said damages include the sum certain amounts of $66,016,803,250.00 and $3,001,000.00 from the prior lawsuits filed by PLAINTIFFS.

AUTHORITIES

AUTHORITIES in section “K. COMMON AUTHORITIES” are incorporated herein by reference in addition to the following AUTHORITIES:

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