Thomas Murrell Thornhill III
c/o Box 1755, U.S.P.S.
Nevada City, California, United States of America
In my own person, without the assistance of counsel
No telephone service maintained
[Date]

Notice of Request for Informal Discovery (West's Ann.Cal.Penal Code (2002), §§ 1054 et seq.).

Official Notice Requested (West's Ann.Cal.Gov. Code (2002), § 11515)
JUDICIAL NOTICE REQUIRED (West's Ann.Cal.Evid. Code (2002), §§ 451, 453, 459).

1. I am not a trained or licensed Attorney. Of necessity, I am acting at all times within my right to defend my life, liberty, property,and privacy as set out in The California Constitution (2001), Art. 1, Sec. 1 [from http://www.leginfo.ca.gov./.const/.article_1 (as of May 9, 2001)]:

All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
NOTICE IS HEREBY GIVEN AND DEMAND IS MADE TO ALL INTERESTED PARTY(S) AND his/her/its Attorneys that:

2. West's Ann.Cal.C.C.P. (2002), § 367 reads:

Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.
3. I request the full, complete, open, and honest disclosure of all documents which show:

(1) the full true legal name; complete, accurate, and current business address; and name and mailing address of the agent for service of process of the real party in interest.

(2) the true legal nature and character (i.e., corporation, association, individual, etc.) of the real party in interest.

(3) the full legal name; complete, accurate, and current business address; and name and mailing address of the agent for service of process of the immediate opposing party(s).

(4) the true legal nature and character (i.e., corporation, association, individual, etc.) of the immediate opposing party(s).

(5) the true legal relationship (if any) which exists between the immediate opposing party(s) and the real party in interest.

(6) the true legal relationship (if any) which exists between the immediate opposing party(s) and his/her/its respective attorney(s).

4. I request one full, complete, and legible photocopy(s) of the full text, together with all signatures, of each and every:

(a) international treaty within, or under which, the immediate opposing party(s) purports to be claiming.

(b) inter-state or multi-state compact/contract/agreement/arrangement/memorandum-of-understanding/etc. within, or under which, the immediate opposing party(s) purports to be claiming.

(c) Executive Order, Presidential Proclamation, Presidential Policy Decision, or similar document within, or under which, the immediate opposing party(s) purports to be claiming.

(d) statute(s) within, or under which, the immediate opposing party(s) is claiming.

(e) properly adopted regulation(s) within, or under which, the immediate opposing party(s) purports to be claiming.

(f) public policy within, or under which, the immediate opposing party(s) purports to be claiming.

(g) private policy within, or under which, the immediate opposing party(s) purports to be claiming.

(h) public contract/agreement/arrangement/memorandum-of-understanding/etc. within, or under which, the immediate opposing party(s) purports to be claiming.

(i) private contract/agreement/arrangement/memorandum-of-understanding/etc. within, or under which, the immediate opposing party(s) purports to be claiming.

(j) trust within, or under which, the immediate opposing party(s) purports to be claiming.

(k) any valid Creditor's claim within, or under which, the immediate opposing party(s) purports to be claiming.

5. I request full disclosure of all document(s) which explain how I am, or am deemed to be, a party to each relationship(s) under which the immediate opposing party(s) purports to be claiming.

6. I request the full and complete disclosure of all the following materials and information, if such are in the possession of the immediate opposing party(s) or if he/she/it knows such to be in the possession of the investigating agencies, pursuant to West's Ann.Cal.Penal Code (2001), § 1054.1:

a. The names and addresses of all persons the prosecution intends to call as witnesses at trial (Pen.C. 1054.1(a)).
b. Relevant written or recorded statements or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial (Pen.C. 1054.1(f)).
c. The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial (Pen.C. 1054.1(d)).
d. All relevant real evidence seized or obtained as part of an investigation of the offenses charged (1054.1(c) Pen.C.).
e. Any exculpatory [Brady] evidence (Pen.C. 1054.1(e)).
f. Statements of all accused. (Pen.C. 1054.1(b)).
7. I am aware that, since I must act on my own behalf, the court shall endeavor to protect the address and telephone number of victims/witnesses by providing contact with them only through a licensed private investigator. I understand that it is the duty of the court to appoint said investigator (Pen.C. 1054.2(b)).

8. I request that the immediate opposing party(s) and/or its attorney(s) provide me the requested information via mail delivered to the address shown above within fifteen (15) days following his/her/its receipt of this Request.

9. SPECIFIC NOTICE IS HEREBY GIVEN that, should I be required to seek a court order to obtain the requested information (Pen.C. 1054.5(b)), I will seek, in addition ot my costs, at minimum, monetary sanctions against the immediate opposing party(s) and his/her/its attorney(s) in the amount of $500.00 for each and every omission or unresponsive disclosure.

10.a. I am aware that I am required to make disclosure to the immediate opposing party(s).

10.b. West's Ann.Cal.Penal Code (2001) § 1054.3 reads:

a. The names and addresses of persons, other than the accused, who he or she intends to call as witnesses at trial, together with any relevant written or recorded statements of those persons, or reports of the statements of those persons, including any reports or statements of experts made in connection with the case, and including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the defendant intends to offer in evidence at the trial.
b. Any real evidence which the accused intends to offer in evidence at the trial.
10.c. I [do][do not] intend to call witnesses other than myself; at this time, they are:
1. Name: __________________________________

Address: ____________________________________________________________

2. Name: _____________________________________________

Address: ____________________________________________________________

3. Name: _____________________________________________

Address: _____________________________________________________________________

10.d. I [do][do not] know what 'real evidence' is in legal contemplation.
I [do][do not] intend to offer in evidence any real evidence; said evidence is:
1.
2.
3.
11.a. I am aware that neither the accused nor the immediate opposing party(s) is required to disclose any material or information which is work product as defined in subdivision (c) of Section 2018 of the Code of Civil Procedure, or which are privileged pursuant to an express statutory provision, or is privileged as provided by the Constitution of the United States.

11.b. West's Ann.Cal.Penal Code (2002), § 1054.6 reads:

1054.6. Neither the defendant nor the prosecuting attorney is required to disclose any materials or information which are work product as defined in subdivision (c) of Section 2018 of the Code of Civil Procedure, or which are privileged pursuant to an express statutory provision, or are privileged as provided by the Constitution of the United States.
11.c. West's Ann.Cal.C.C.P. (2002), § 2018 reads:
2018. (a) It is the policy of the state to: (1) preserve the rights of attorneys to prepare cases for trial with that degree of privacy necessary to encourage them to prepare their cases thoroughly and to investigate not only the favorable but the unfavorable aspects of those cases; and (2) to prevent attorneys from taking undue advantage of their adversary's industry and efforts.
(b) Subject to subdivision (c), the work product of an attorney is not discoverable unless the court determines that denial of discovery will unfairly prejudice the party seeking discovery in preparing that party's claim or defense or will result in an injustice.
(c) Any writing that reflects an attorney's impressions, conclusions, opinions, or legal research or theories shall not be discoverable under any circumstances.
(d) This section is intended to be a restatement of existing law relating to protection of work product. It is not intended to expand or reduce the extent to which work product is discoverable under existing law in any action.
(e) The State Bar may discover the work product of an attorney against whom disciplinary charges are pending when it is relevant to issues of breach of duty by the lawyer, subject to applicable client approval and to a protective order, where requested and for good cause, to ensure the confidentiality of work product except for its use by the State Bar in disciplinary investigations and its consideration under seal in State Bar Court proceedings. For purposes of this section, whenever a client has initiated a complaint against an attorney, the requisite client approval shall be deemed to have been granted.
(f) In an action between an attorney and his or her client or former client, no work product privilege under this section exists if the work product is relevant to an issue of breach by the attorney of a duty to the attorney's client arising out of the attorney-client relationship.
For purposes of this section, "client" means a client as defined in Section 951 of the Evidence Code.
11.d. All my necessary preparation for proceeding in my own defense is my own work product and it is privileged by Amendment V to the Consititution for the United States of America as well as by C.C.P. § 2018.

Points and Authorities

I. Supporting item 1 above:

Self-supporting.

II. Supporting item 2 above:

a. California appellate courts have held:

(1) Mr. Bliss says: "Under the new system the rule is adopted which prevails in equity, and which requires, with certain exceptions, that actions be prosecuted in the name of the real party of interest." The exceptions relate to persons suing in a representative capacity. In a note to the text the author says: "This raises the question, 'Who is the real party in interest?' The 'real party in interest' is the party who is to benefitted or injured by the judgment in the case. ... Bliss on Code Pleading, sec. 45.) Speaking of the statutory provision, already noted, Mr. Pomeroy says: "The defense that the plaintiff is not such real party in interest is, in general, a bar to the suit. This," he says, "is certainly so when the plaintiff is the assignee of anything in action not negotiable, and the issue raised by an answer setting up such defense would be simply whether the plaintiff was, upon the proof, the real party in interest." (Pomeroy's Code Remedies, 3d ed., sec. 66, p. 91.)
Simpson v. Miller (1907), 7 Cal.App. 248, 255, 94 P. 252>

(2) The rule that every action must be prosecuted in the name of the real party in interest (sec. 367 Code Civ. Proc.) is subject to the further rule that a person with whom or in whose name a contract is made for the benefit of another, is a trustee of an express trust which permits him to sue with like effect as though he were the principle in fact. (Sec. 369, Code Civ. Proc.)
Earl Fruit Co. v. Herman (1928), 90 Cal.App. 640, 645, 266 P. 592.

(3) Whoever holds the legal title to a demand is the real party in interest and may sue thereon in his own name (Iowa etc. Land Co. v. Hoag 132 Cal. 627 [64 Pac. 1073]; Courtelyou v. Jones, 132 Cal. 131 [64 Pac. 119]), ...
Tilden Lumber etc. Co. v. Bacon Land Co. (1931), 116 Cal.App. 689, 693, 3 P.2d 350

III. Supporting item 3 above:

a. The California Supreme Court has held:

...Whatever the reason for failing to discharge that obligation, the prosecution remains accountable for the consequence. (Id. at pp. 437-438 [115 S.Ct. at pp. 1567-1568].
Pursuant to Brady, supra, 373 U.S. 83, the prosecution must disclose material exculpatory evidence whether the defendant makes a specific request, (id at p. 87 [83 S.Ct. at pp. 1196-1197]), a general request, or none at all (United States v. Agurs (1976) 427 U.S. 97, 107 [96 S.Ct. 2392, 2399, 49 L.Ed.2d 342](Agurs)). The scope of this disclosure obligation extends beyond the contents of the prosecutor's case file and encompasses the duty to ascertain as well as divulge "any favorable evidence known to the others acting on the government's behalf . . . ." (Kyles, supra, 514 U.S. at p. 437 [115 S.Ct. at p. 1567].) ... Thus, "whether the nondisclosure was a result of negligence or design, it is the responsibility of the prosecutor. The prosecutor's office is an entity and as such it is the spokesman for the Government." (Giglio v. United States (1972) 405 U.S. 150, 154, [92 S.Ct. 763, 766, 31 L.Ed.2d 104]; Kyles, supra, 514 U.S. at p. 439 [115 S.Ct. at p. 1568].)
In re Brown (1998), 17 Cal.4th 873, 878-879, 72 Cal.Rptr.2d 698, 952 P.2d 715.
b. California appellate courts have held:
(1) ...The six enumerated mandatory disclosure provisions of section 1054.1 are intended to operate with minimal judicial supervision. While it is true the prosecution "has no general duty to seek out, obtain, and disclose all evidence that might be beneficial to the defense[,]" it does have the duty to satisfy the specific discovery provisions of section 1054 et seq. (In re Littlefield, supra, 5 Cal.4th at p. 135, original italics.)
...Section 1054.1 concisely lists six specific items that the prosecution must disclose to the defendant or his or her attorney, and, consistent with the stated purposes of discovery provisions of Proposition 115, the prosecution has a duty to inquire in order to satisfy these requirements.
"The prosecution's constitutional duty to disclose all substantial material evidence favorable to an accused 'extends to evidence which may reflect on the credibility of a material witness . . . . "[S]uppression of substantial material evidence bearing on the credibility of a key prosecution witness is a denial of due process . . . ." [Citation.]' (People v. Morris (1988) 46 Cal.3d 1, 30 [249 Cal.Rptr. 119, 756 P.2d 843].)
People v. Little (1997), 59 Cal.App.4th, 426, 432-434, 68 Cal.Rptr.2d 907.

(2) The duty to provide discovery is not limited to the time before trial; discovery is an ongoing responsibility, which extends throughout the duration of the trial and even after conviction. (See People v. Garcia (1993) 17 Cal.App.4th 1169, 1179 [22 Cal.Rptr.2d 545]; Thomas v. Goldsmith (9th Cir. 1992) 979 F.2d 746, 749-750.)
...The prosecutor's constitutional duty to correct false testimony is based on principles similar to those underlying the duty to disclose exculpatory evidence.
" 'It is of no consequence that the falsehood bore upon the witness' credibility rather than upon defendant's guilt. A lie is a lie, no matter what its subject, and, if it is in any way relevant to the case, the district attorney has the responsibility and duty to correct what he knows to be false and elicit the truth. . . . That the district attorney's silence was not the result of guile or a desire to prejudice matters little, for its impact was the same, preventing, as it did, a trial that could in any real sense be termed fair.' " (Napue v.Illinois, supra 360 U.S. at pp. 269-270 [79 S.Ct. at p. 1177], quoting People v. Savvides (1956) 1 N.Y.2d 554, 557 [154 N.Y.S.2d 885, 887, 136 N.E.2d 853, 854-855].)
People v. Kasim (1997), 56 Cal.App.4th 1360, 1384-1385, 66 Cal.Rptr.2d 494.

IIII. Supporting item 4 above:

a. A California appellate court has held:

However, a defendant does have a right to the names and addresses of prosecution witnesses and a right to have an opportunity to interview those witnesses if they are willing to be interviewed. (See, e.g.,. Clark v. Superior Court (1961) 190 Cal.App.2d 739, 742-743 [12 Cal.Rptr. 191]; People v. Lopez (1963) 60 Cal.App.2d 223, 246-247 [32 Cal.Rptr. 424, 384 P.2d 16].) "A criminal trial, like its civil counterpoint, is a quest for truth. That quest will more often be successful if both sides have an equal opportunity to interview the persons who have the information from which the truth may be determined." (Gregory v. United States (D.C.Cir. 1966) 369 F.2d 185, 188 [125 App.D.C. 140].)
Reid v. Superior Court (1997), 55 Cal.App.4th 1326, 1332, 64 Cal.Rptr.2d 714.
V. Supporting item 5 above:

a. A California appellate court has held:

"The court may prohibit the testimony of a witness pursuant to subdivision (b) only if all other sanctions have been exhausted." (§ 1054.5, subd. (c).) Although alternative sanctions are available, in some instances they would perpetuate "prejudice to the State and. . .harm to the advisary process." (Taylor v. Illinois (1988) 484 U.S. 400, 413 [98 L.Ed.2d.798, 813, 108 S.Ct. 646].) If an omission is willful in hope of obtaining a tactical advantage, the court may exclude the witness's testimony. (Id. at p. 415 [98 L.Ed.2d at pp. 814-815].) ...Immediate disclosure or contempt of counsel would have been insufficient, because the People would not have had a meaningful opportunity to rebut or impeach the statement. ... The People would have been unduly prejudiced by admitting the testimony without an oportunity for cross-examination, and the integrity of the adversary process would have been compromised as parties with little to lose would be encouraged to not comply with pretrial discovery rules.
People v. Jackson (1993), 15 Cal.App. 4th 1197, 1203, 19 Cal.Rptr.2d 80.
VI. Supporting item 6 above:

VII. Supporting item 7 above:

I certify within the laws of the State of California, that the foregoing is true, correct, and complete.

Dated: _________________________________

At: ___________________________________________________

Signed: _______________________________________________

END

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