A Letter to the California
DEPARTMENT OF PERSONNEL ADMINISTRATION.

From: Thomas Murrell Thornhill III
c/o Box 1755, U.S.P.S.
Nevada City, California, U.S.A.
No telephone service maintained.
July 24, 2000.

To: STATE OF CALIFORNIA
SAVINGS PLUS PROGRAM
DEPARTMENT OF PERSONNEL ADMINISTRATION
1800 15th STREET
SACRAMENTO CA 95814-6614

Gentlemen:

Declarant, ________________________________________, does Declare and Affirm the following:

On July 11, 2000, I was delivered a sealed envelope from the SAVINGS PLUS PROGRAM. Since the envelope bears a "NOTICE OF ACCOUNT CLOSURE" notation in red ink on its face, I must inquire as to what you folks think you are doing this time.

The unsigned letter within, purporting to be from the Savings Plus Program, dated June 29, 2000, advises me that the PST Retirement Plan Account has had "no activity for two years or more. Your account balance as of January 31, 2000 was $72.39."
Have you and/or your agent/contractor/subcontractor(s) not been making interest deposits into said Account?
Are you and/or your agent/contractor/subcontractor(s) really over six months behind in posting your Account Records?

The stated Account Balance seems odd to me. The last Statement I remember being delivered from "State of California Savings Plus Program", postmarked "MAILED FROM ZIP CODE 0670[illegible] SEP 3 '99", covered the period "JULY 01, 1998 THROUGH JUNE 30, 1999", and showed a "ENDING BALANCE AS OF JUNE 30, 1999" of "$70.46". At that time, the Account Statement showed monthly credits of interest into the Account. Are you telling me that said Account earned the magnificent sum of $1.93 in interest in the seven months after June 30, 1999?
Boy, that sure is a real winner of a Retirement fund, now isn't it!
How much money have you and/or your agent/contractor/subcontractor(s) taken from the PST Plan Fund since August, 1992?

Has the DEPARTMENT OF PERSONNEL ADMINISTRATION properly adopted, pursuant to the California Administrative Procedure Act, the PST Plan Document presented here: http://www.dpa.ca.gov/spp/pst/pstplndc.shtm [as of July 12, 2000] since December, 1998?

Since the OFFICE OF ADMINISTRATIVE LAW determined in December, 1998, that you acquired and hold my property (specifically, my due and payable unpaid compensation from August, 1992) under invalid "underground regulations" and, to my knowledge, DPA never Appealed that Determination; I believe that, under the force of the statutes cited below, you and/or your agent/contractor/subcontractor(s) became involuntary Trustee of my money in August, 1992, with myself as owner.

"One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it." THE CIVIL CODE (2000), 2224.

"One who wrongfully detains a thing is an involuntary trustee thereof, for the benefit of the owner." THE CIVIL CODE (2000), 2223.

"An involuntary trustee, who becomes such through his own fault, has none of the rights mentioned in this Article." THE CIVIL CODE (2000, maybe repealed, "omitted" from WEST'S CALIFORNIA CODES, ANNOTATED), 2275.

"(a) Nothing in this division affects the substantive law relating to constructive or resulting trusts.
"(b) The repeal of Title 8 (commencing with Section 2215 of Part 4 of Division 3 of the Civil Code by Chapter 820 of the Statutes of 1986 was not intended to alter the rules applied by the courts to fiduciary and confidential relationships, except as to express trusts governed by this division.
"(c) Nothing in this division or in Section 82 is intended to prevent the application of all or part of the principles or procedures of this division to an entity or relationship that is excluded from the definition of "trust" provided by Section 82 where these principles or procedures are applied pursuant to statutory or common law principles, by court order or rule, or by contract." THE PROBATE CODE (2000), Section 15003.

As the involuntary Trustee (THE CIVIL CODE (2000), Sections 2224, 2223, and 2275 and THE PROBATE CODE, (2000), Section 15003) of my property you have ten (10) days to submit to me a sworn and Notarized detailed Statement of Account covering each and every month-by-month Account activities for the entire Period August, 1992, through today's date. Show the Principal (my money) deposited into the PST Plan fund, the True amounts of interest (my money) said Principal (my money) earned, and any and all 'management' costs (my money), whether pro-rated or not, charged against said Principal and/or Principal & interest taken together.

As involuntary Trustee, between the time of your receipt of this letter and the time you Deliver said sworn Statement of Account, you WILL retain my property (my money) and hold it safe and intact from harm and loss against all parties. Said property is still payable to me promptly upon my written Demand, which I Reserve at this time.

I Certify, under the penalty for Perjury in the Law of the State of California, that I have read the foregoing and that it is True and Accurate.

Signature: __________________________________________

Thomas Murrell Thornhill III