Petition for Writ of Certiorari — Linda Shao, Petitioner v. McManis Faulkner, LLP

Supreme Court briefDec 11, 2018

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No.

IN THE SUPREME COURT OF THE UNITED

STATES

Linda Shao

Petitioner - Appellant,

VS.

McManis Faulkner, LLP, James McManis,

Michael Reedy, Catherine Bechtel

Respondents App ellees.

-

—000—

On Petition For A Writ Of Certiorari To the

California 6th District Court of Appeal re its Order

Dismissing Appeal on July 10, 2018 (an appeal from

Santa Clara County Court's Vexatious litigant

orders, H042531) California Supreme Court denied

review on September 12, 2018 [S250729]; related

Petitions 11-11119, 17-82 (closed), 18-344, 18-569

PETITION FOR WRITOFCERTIORARI

(STAY REQUESTED; RECUSAL REQUESTED)

Yl TAI SHAO, ESQ. In proper

SHAO LAW FIRM, PC

4900 Hopyard Road, Ste. 100

Pleasanton, CA 94588-7101

Telephone: (408) 873-3888

FAX: (408) 418-4070

Email: attorneyshao@aol.com

QUESTIONS PRESENTED

The questions presented in this case are:

1. Does due process require reversal of the

dismissal of appealbased on the fact that the

California 6th District Court of Appeal

fraudulently dismissed the appeal by

concealing from Petitioner's notice its short

notice of the July 9, 2018's new due date of

Opening Brief, directing Petitioner to wait for

the Court's ruling on her objection for

insufficient records on appeal and motions

rather than to file an Opening Brief before

the ruling, and thereby setting a trap for a

secret and prompt dismissal of this appeal

with the excuse that Petitioner did not file

her Opening Brief, in disregard of the facts

that Petitioner had filed part of her appellate

brief--- Motion for Judicial Noticein support of

her Opening Brief, that the Court was aware

that Petitioner would have filed her Opening

Brief but for the insufficiency of the records

on appeal (All of the papers filed by

Petitionerwith the trial court in response to

Respondents' motions on vexatious litigant

orders were not included in the records on

appeal),when, in fact, 13 minutes before the

Court's issuance of the notice of acceptance

for filing of her Objections and Motions, the

Court had already secretly ordered a new

short due date for the Opening Brief to be

July 9, 2018 without waiting for 15 days as

required byRule 8.54(b)(1) of California Rules

of Court with clear anticipation that

Petitioner would miss the unnoticed due date

when the secret order of July 3, 2018 and the

11

dismissal order of July 10, 2018 were not

entered into the docket until after July 11,

2018?

Does due process require reversal of the

dismissal of appeal and disqualification of the

Court of Appeal based on the fact

thatRespondent James McManis has an

unidentified Justice client at the 6th District

Court of Appeal who he had given gifts of his

free legal services regarding the Justice's

private affairs in violation of Canon 40(5) of

California Code of Judicial Ethics and Rule 5300 of California Rules of Professional

Conduct?

Does due process require reversal of the

dismissal of appeal and change venue based

on the fact that the Presiding Justice Mary J.

Greenwood failed to disclose her conflicts of

interest in that she is the spouse of Judge

Edward Davila who started the illegal

parental deprival orders 8 years ago,

conspired to cause the parental deprival of

August 4, 2010 to become "permanent"

(Petition No. 11-11119), conspired to dismiss

all appeals in order to constrain the judiciary

corruptions directed by Respondent James

McManis within his clients courts' control, to

ensure Judge Patricia Lucas's parental

deprival order to be a permanent firm order

(Petition No. 18-569), to achieve the common

goal of the conspiracy to allow

theRespondents to have an excuse to apply

collateral estoppel of Judge Patricia Lucas's

November 4, 2013's decision at the trial court,

the client of Respondent James McManis

111

which being Respondents' sole defense

against Petitioner in this underlying legal

malpractice lawsuit (see App, Declaration of

Meera Fox), where actual prejudice has been

shown by Justice Greenwood's proactive

dismissal of Petitioner's 4 appeals deriving

from the family court case and this legal

malpractice case within 2 months of her

swearing-in to the seat of Presiding Justice at

the 6th District Court of Appeal, directly (e.g.,

Petition No. 18-569) or indirectly (through

Justice Franklin Elia and Justice Adrianne

Grover who acted on behalf of her), in

violation of Canon 2(B)(2),(7) and (8) of

California Code of Judicial Ethics?

4. Is there severe obstruction of justice that a

Justice with prior history of bias and

prejudice against Petitioner and is currently

sued by Petitioner, silently dismissed the

appeal on July 10, 2018 without giving notice

to Petitioner, after the Justice actively

blocking Petitioner from filing her Opening

Brief, by double deceiving measures where

the Court defrauded Petitioner with an

anticipation that the Court had accepted

Petitioner's motions for filing on July 3, 2018

and would rule on that 15 days later pursuant

to Rule 8.54(b)(1), but in fact already ruled on

that secretly by sending to the extinct email

13 minutes prior and further delayed

docketing the July 3's orders until dismissal,

and did not give proper notice of dismissal to

Petitioner, to ensure that Petitioner would be

deceived into not filing her Opening Brief by

iv

the July 9's due date hided in the July 3,

20 18'sorders?

Does a court have the jurisdiction to

sanction dismissal underRule 8.122 when

there is no indication that Petitioner

abandons appeal and there were already two

motions ordered to be considered along with

the Opening Brief?

Has Justice Elias violated due process by

denying Petitioner's motion to augment

records for the six significant papers in

violation of Rule 8.155 where the trial court's

clerk is mandated to provide records in

conformity with the designation ofrecord?

Does due process require reversal of

California Supreme Court's order of

September 12, 2018 denying review as the

Chief Justice of California Supreme Court

failed to decide on Petitioner's request for

recusal where James McManis swore that a

Justice at California Supreme Court was his

client regarding the private affairs without

charging any legal fees in violation of Canon

4(B)(5) of California Code of Judicial Ethics

and Rule 5-300 of Rules of Professional

Conduct where according to California Code

of Civil Procedure §170.3 that the Chief

Justice must be disqualified in failing to

answer to the request for recusal nor

conducting an investigation as to the direct

conflicts of interest?

Does due process require reversal of the

dismissal of the appeal as both the trial court

and appellate court conspired to deter the

records on appeal to be prepared for more

than two years, and when eventually

prepared (after Petitioner's filing of Petition

17-82), they jointly caused the records on

appeal to exclude all significant filings made

by Petitioner in defending the vexatious

litigant motions filed by the law firm of their

attorney James McManis, but instead caused

a fraudulent certificate of completion to be

filed in violation of California Penal Code

Sections 132, 134, 470, 182 and 96.5 and

Canon 2(B)(2),(7) and (8) of California Code of

Judicial Ethics?

Does due process require reversal of the

vexatious litigant orders and change venue of

the trial court where Santa Clara County

Court has been a representative client of

Respondent McManis Faulkner, LLP and

Respondent James McManis admitted that he

was the trial court's attorney and both

Respondents are appearing as defendants in

the underlying legal malpractice lawsuit in

front of Santa Clara County Court which

persisted on repeatedly denying Petitioner's

requests to change venue in disregard of this

direct conflicts of interest?

Does due process require reversal of the

vexatious litigant orders, disqualification of

the Santa Clara County Court and change

venue based on undisclosed quasiemployment relationship where Respondent

James McManis has been appointed by the

trial court as its Special Master for many

years and is appearing in front of his

employer court as a defendant for this legal

malpractice case?

vi

Does due process require reversal, and change

venue from Santa Clara County Court, based

on the fact that the court failed to disclose

their long term regular social relationship

with Respondent James McManis and

Respondent Michael Reedy through two

chapters of the American Inns of Court in

California where Respondent McManis

Faulkner, LLP has been a major donor and

financial sponsor of the American Inns of

Court, where Petitioner has suffered actual

prejudice by these vexatious litigant orders

that were deterred from appeal for more than

2 years but were ordered despite the Court

made a finding that Respondent McManis

Faulkner's "arguments and evidence to be

incomplete"?

Should judges who are members of the

American Inns of Court be required as a

matter of due process to disclose their social

relationship with lawyers who are members

of the Inns of Court and who are appearing

before the judge-members?

Should all appellate writs and appeals that

are derived from the same underlying family

court case be counted as "one litigation", for

the purposes of calculating what should

constitute 5 litigations within the preceding 7

years?

Does due process require invalidating the

prefiing order which was not granted in the

June 16, 2015's Order, not supported by a

statement of decision, not entered into the

docket until about July of 2017 with a forged

backdating entry on the case docket as having

vii

been entered on June 16, 2015 in violation of

California Penal Code Sections 132, 134, 470,

182 and 96.5?

Does due process require invalidating the

vexatious litigant order for the reason that

Judge Folanacted as Respondents' attorney in

suasponte adding 10 adverse decisions as the

basis to declare Petitioner as a vexatious

litigant when Respondents raised their

arguments based on only 5 adverse decisions

out of 7 year and actually there were no

qualified 5 adverse decisions despite Judge

Folan tried hard to interpret the decision in

favor of Respondents and had found

Respondents' "arguments and evidence to be

incomplete", and disallowed Appellant to

provide evidence or make argument to rebut

this new issue raised by the Court shown in

its tentative decision at the June 16, 2015's

hearing where such act violated Canon

3.E(5)(a) of California Code of Judicial Ethics?

Is the Prefiling vexatious litigant order void

for being lack of a statement of decision?

Does the courts' joint deterrence of records on

appeal to be prepared for two years constitute

violation of Petitioner's fundamental right to

appeal and access the court as a matter of law?

Should the vexatious litigant orders be

reversed when the trial court has lost Volume

5 and failed to provide the material records

that are designated by Appellant for appeal?

viii

PARTIES TO THE PROCEEDING

Petitioner is Yi Tai Shao, aka Linda Shao ["Shao"],

an attorney licensed to practice law in the State of

California since 1996, who is the mother in the

underlying appeal now pending with the Supreme

Court in Petition No. 18-569.

Respondents are McManis Faulkner, LLP, James

McManis, Michael Reedy and Catherine Bechtel.

They are represented by Janet Everson Pearson,

Bradley & Feeney; 88 Kearny Street, 10th Floor;

San Francisco, CA 94108-5530.

INTERESTED THIRD PARTIES; REQUEST FOR

RECUSAL OF 8 JUSTICES ROBERTS, THOMAS,

BEYER, ALITO, GINSBURG, SOTOMAYER,

KAGAN AND GORSUCH

Interested third parties: Chief Justice John G.

Roberts, retired Justice Anthony M. Kennedy,

Justice Clarence Thomas, Justice Ruth Bader

Ginsburg, Justice Thomas Alito, Justice Stephen

Beyer, Justice Elena Kagan, Justice Sonia

Sotomayerat the US Supreme Court.

I, Yi Tai Shao, declare

1. Chief Justice John G. Roberts, retired Justice

Anthony M. Kennedy, Justice Clarence

Thomas, Justice Stephen Beyer, Justice

Samuel Alito, Justice Ruth Bader Ginsburg,

Justice Elena Kagan, Justice Sonia

Sotomayer, the US Supreme Court, Jeff

Atkins who is in charge of filing of Request for

Recusal, Jordan Bickel who is in charge of the

proceeding after Writs are issued, are in

default in the lawsuit of 1:18-cv-01233-RC

since August 23, 2018 that is pending with

the U.S.D.C. for the District of Columbia.

Thisdirect conflicts of interest is well beyond

their being sued, as the relief requested was

to impeach them. Petitioner filed Affidavits

requesting entry of default on October 16,

2018 when the due date for their responses to

the First Amended Complaint was August 23,

2018. (App.179-189)

On November 19, 2018, the same date when

this Court denied Petitioner's Petition for

Writ of Certiorari in 18-344, the US Attorney

for the District of Columbia filed a frivolous

Responses of the U.S. regarding the affidavit

of default. It is frivolous as the US Attorney

failed to comply with the rules of procedure to

seek the order of the U.S.D.C. for the District

of Columbia for intervention and provided

false fact via an incompetent declaration to

allege that US Attorney was never served

with the Summons and Complaint of the

lawsuit with the case number of 1:18-cv0 1233. See ECF#140 and 142 (motion to

strike the Responses of the US); see also

App.188.

The US Attorney for District of Columbia

apparently was filing the Response with

malice in abusing 28 USC §517 as the

Responses mentioned ECF#20 on its Page 2

(ECF#140) but ECF#20 is a proof of service

made by a professional process server

attesting proper service of the Summons and

Complaint upon the US Attorney and her

office on June 25, 2018, more than 5 months

ago when no one ever challenged the proof of

service and it has passed the time for a

motion to strike ECF#20.

KI

The eight Justices were sued as they have

conspired together not to rule on Petitioner's

three requests for recusal in the conferences

of January 8, 2018 (17- 256 and 17-613) and

February 26, 2018 (17- 613), in abandoning

their Constitutional duty to decide and their

decline to decide the three requests for

recusal constituted a discriminative practice

as they have never refused to decide on a

request for recusal. The practice of this Court

is based on the decision of the Wisconsin

Supreme Court in State v. Allen (2010) 322

Wis.2d 372, 395.

Petitioner's requests for recusal were based

on the Justices'extrajudicial regular social

and financial relationship with the American

Inns of Court including sponsoring their

clerks' solicitation of the Temple Bar

Scholarship from the American Inns of Court

(App.16169) without disclosing the amount of

the gifts, where Respondent McManis

Faulkner law firm is a major sponsor and

James McManis is a leading attorney of the

American Inns of Court, Respondent James

McManis is socially closely related with Chief

Justice John G. Roberts (App.173) and there

are two chapters of the American Inns of

Court established in the names of Justice

Anthony M. Kennedy and Justice Ruth Bader

Ginsburg.

The Temple Bar Scholarship is targeted at

the Clerks of this Supreme Court based on

their judicial function. The qualification of

such gifts explicitly stated so in

http://home.innsofcourt.org/AIC/A`wards—and—

xi

Scholarships/Temple_Bar_Scholarships/MCI

Awards _and_Scholarships/Temple_Bar_Schol

arships/Temple_Bar.aspx?hkey=1df4d433

b273-4c76-a96b-357ecb5921e9. (App.170-72)

American Inns of Court published on its website for

Temple Bar Scholarship as below:

"How are Temple Bar Scholars selected?

The three principal selection criteria for Temple

Bar Scholars® are:

High academic achievement in law school

Experience as a law clerk for a judge or

justice of a leading appellate court, including

the Supreme Court of the United States

Demonstrated interest in international law

issues"

Therefore, the Temple Bar Scholarship should be

governed by "Judicial Conference Regulations on

Gifts" and Honoraria, Guide to Judiciary Policy

Vol.2C. See Guide to Judiciary Policy §620.25. (See

Petition for Rehearing, App. 14) As this is based on

the recipient's judicial status, subdivision (g) does

not apply and the scholarship is qualified as a gift.

The Temple Bar Scholarship applications by

7.

the 38 clerks violatedGuide to Judiciary Policy

§620.30 (Petition for Rehearing, App. 14; "A judicial

officer or employee shall not solicit a gift from any

person who is seeking official action from or doing

business with the court or other entity served by

the judicial officer or employee, or from any other

person whose interests may be substantially

affected by the performance or nonperformance of

the judicial officer's or employee's official duties.")

and Guide to Judiciary Policy §1020.30 (Petition for

xii

Rehearing, App.17 no receipt of payment made

because of the Clerk's status in the government.) as

the American Inns of Court have been doing

business with the US Supreme Court by holding its

annual conferences at the US Supreme Court for

years and at least its leading sponsoring attorneys'

interests of their cases at the Supreme Court may

be affected by these clerks. The most recent

business conference of the American Inns of Court

at the this Court was October 21, 2017 when

Michael Reedy, a Respondent in 17-256 and 17-82,

a partner to James McManis, was invited to attend.

(App. 175)

Such scholarships violate §620.35 (a) and

§620.45 of Guide to Judiciary Policy (Petition for

Rehearing, App.15, io) as (1) the American Inns of

Court is not a bar due to the secrecy of its

membership and restriction of its membership and

(2) the American Inns of Court is financially

supported by many rich attorneys who used this to

obtain their favors in the court, such as James

McManis.

This Court's Clerk's Office has committed the

same pattern of breaching the clerk's duties to file

and to maintain the docket as California 6th

District Court of Appeal. The irregularities in the

proceedings of the three Petitions, 17-82, 17-256,

17-613, 18-344 (refused to file Request for Recusal

on 11/20/2018) and 18-569 (refused to docket filing

of the Request for Recusal) suggest a public

appearance that this court and judiciary

administration were influenced substantially by

James McManis, the well-recognized leading

attorney of the American Inns of Court. These

irregularities constitute actual prejudice suffered

XII'

by Petitioner. Jordan Bickel acted beyond his

authority to bring in a nonamicus curiae clerk

named Donald Baker to deter filing the Amicus

Curiae motion of Mothers of Lost Children in No.

17-82 (not even returning the 41 copies mailed for

filing), delayfiling, de-file 2 weeks after filing of the

Amicus Curiae motion in 17-613, and re-file it later,

with many incidents of alteration of dockets in

Petition No. 17-613 (to reverse the child custody

order of Judge Patricia Lucas and to change courts),

and, concealing court's records by refusing to enter

into the docket the Appendixes for three Requests

for Recusal (one in 17-256, two in 17-613),

concealing the filing of the Requests recently in 18344 and 18-569.

10. On November 20, 2018, the US Supreme Court

rejected filing of Request for Recusal in 18-344

with an excuse that the court denied Petition for

Writ of Certiorari in 18-344 on November 17,

2018. (App.190) The Clerk's Office failed to

docket its receipt of the Request for Recusal in

18-344.

11.The Request for Recusal in Petition No. 18-569

that was filed with the US Supreme Court

simultaneously with that in 18-344 was not

returned but it was not entered into the docket

of 18-569.

12.After U.S.D.C. for the District of Columbia

delayed by a month in knowingly refusing to

enter default, PRWeb published a news which

was picked up by 164 media within 2 hours.

(See a copy of the news release in A.01-03

attached to the Request for Recusal filed in 18

569.)Yet, Google suppressed such news

xiv

whichapparently was directeds by the Chief

Justice John G. Roberts.

The hacker who appeared to be associated with

Google, Youtube, McManis Faulkner, LLP and

Judge Theodore Zayner, has been hacking over

Petitioner since March 2018. The hacker's name

is Kevin L. Warnock whose name was found to

became the author for thousands of files

authored by Petitioner and has deleted more

than 44,024 files from Petitioner's back up discs

which could only be done by burglarizing

Petitioner's residence.A sensor sensing the

garage door opening and closing was discovered

recently which was illegally placed on the

garage door of Petitioner's residence. Mr.

Warnock got assistance from Esther Chung

whose names showed in some of the complaint

type documentary files as the author in place of

Petitioner.

Kevin L. Warnock is an expert on networking

for Intel Corp. whose attorney is Respondents

James McManis, Michael Reedy and McManis

Faulkner, LLP.

Google, Inc. was shown to have obtained special

favor from Chief Justice John G. Roberts in

Petition No.17 357 (obtained 2 months'

extension to file Petition for Writ of Certiorari, a

unique conference date of 1/5/2018, and was

able to file Supplemental Petition without

seeking leave of the court's order.) even though

Justice Kennedy was in charge of the 9th Circuit

area. Google and YouTube suspended

Petitioner's gmail accounts without any notice

alleging violations of their policies because

Petitioner published her YouTube radio show on

xv

this Court's Justices' sponsoring the Temple Bar

Scholarship. Kevin L. Warnock appeared to be

working with Google as well.Evidence of such

hacking has been very intensive up to present.

16. The hacker has deleted all soft copies of

depositions transcripts and entire files of this

civil case from all computers (6-7 computers) for

this trial court proceeding of Shao v. McManis

Faulkner, James McManis, Michael Reedy, et al.

at the residence of Petitioner. Likewise, Judge

Theodore Zayner illegally took the case files of

this case on or about July 20, 2016 and was

confirmed by Santa Clara County Court on July

11, 2017 that he "lost" Volume 5 of the court

files (App.202). Judge Zayner who maintained

parental deprival of Petitioner by 4 years also

illegally took from the Santa Clara County

Court the original deposition transcripts of

James McManis and Michael Reedy that were

lodged with the trial court for the jury trial set

to begin on 12/9/2015. (James McManis caused

his client court to stay the trial pending

disposition of the custody trial, which was

feloniously dismissed in May 2018 and now in

Petition 18-569.) Such large file deletion and

hacking including burglarizing into Petitioner's

residence were apparently related to Google,

James McManis, and Judge Zayner. There is a

reasonable appearance that the hacking by

Google was directed by Chief Justice John

Roberts, based on the appearance of special

favor that Chief Justice gave Google in Petition

17-357 (obtained from Chief Justice lengthy

extension to prepare Petition for Writ of

xv'

Certiorari and special conference date of

11512018 that was not on the court's calendar.)

The US Attorney for the District of Columbia,

Jessie K. Liu, who failed to disclose her conflicts

of interest that she is a proactive member of

Defendant the American Inns of Court, failed to

follow the rules of procedure and filed a

"Responses of the United States" on November

19, 2018 without filing a motion for intervention,

and presented an unqualified affidavit not from

the custodian of records to declare falsely that

the US Attorney for the District of Columbia

and her office were not served with the

Summons and Complaint. In fact, ECF#20 that

was filed 5 months prior, has proved that they

were truly properly served and no one ever

contested to this fact or file a motion to strike

ECF#20.

As how Respondent James McManis could have

such enormous influential power is by way of

being a major donor of the American Inns of

Court, and the judges/justices involved to

unreasonably withhold child custody return to

Petitioner are buddies to Respondents James

McManis and Michael Reedy through two

chapters of the American Inns of Court, and

none of the judicial officers or courts ever

disclosed such regular social relationship, the

American Inns of Court's function providing ex

parte communication platforms has been the

key question for each of the Petitions filed with

this Court since 2017, including 1782, 17236,

17-613, 17344, 17-569 and also this Petition.

Therefore there is an appearance of conflicts of

interest that requires recusal of the Justices

xvii

who have solicited gifts on behalf of their clerks

from the American Inns of Court and failed to

make a disclosure in violation of §620.30,

§620.35, §620.45 and §620.50 of the US Guide to

Judiciary Policy.

While this Court's Clerk's Office persisted on

refusing to e-post/e- file the appendix for the

three requests for recusal filed with this court in

Petitions 17-82, 17-256 and 17-613, two

material documents as evidence of conflicts of

interest were purged from the internet about

the same time. They are Pages 12 and 22 of the

suppressed appendix for the 3 Requests for

Recusal at issue in 1:18-c-01233-RC.

One is the snapshot regarding American Inns of

Court's video spoken by Attorney Emanuel

Sanches who stated "This is the only

organization that I know that the lawyers and

judges belong to the trial bar have a chance to

meet outside of the courtroom in a social setting

and really able to establish the rapport." Such

statement directly violates Rule 5-300 of

California Rules of Professional Conduct and

Canon 3 to disallow ex parte communications

and gifts with judges. (See, also, A.20 attached

to Request for Recusal filed in 17-569)

21.American Inns of Court put this video clip back

after Petitioner made the criticism in her

Renewed Request for Recusal filed in early

February along with her Petition for Rehearing

at Petition No. 17613 on or about Feb. 2, 2018.

22. The other was James McManis's news release

dated 08/13/2012 publishing his relationship

with Chief Justice John G. Roberts that he was

the third after Justice Roberts to receive the

xviii

highest honor of the Inns of Court--- Honorary

Bencher of the Kings' Inn. (See, also, A.19

attached to Request for Recusal filed in 17-569)

Petitioner declare under the penalty of perjury

under the laws of the U.S. that her statement

above and all documents provided in the Appendix

is true and made in good faith pursuant to 28 USC

§455.

Petitioner declares that any reasonable person

will believe that Petitioner cannot have a fair

decision on this Petition based on direct conflicts

of interest with the 7 Justices when there are

pending requests for entry of default.

With this statement under the section of

"Parties to the Proceeding", in view of the US

Supreme Court's felonious refusal to file the

Requests for Recusal nor entering into the

docket of Petitions No. 18-344 and No. 18-569,

Petitioner respectfully requests 7 of the

originally named 8 Justices to be recused from

deciding this Petition. Petitioner respectfully

requests staying this Petition until resolution of

1:18-cv -01233 which is expected not more than 7

months.

I swear under the penalty of perjury under the laws

of the US that the foregoing facts and laws are true

and accurate to the best of my knowledge.

Dated: December 11, 2018

By Is! Yi Tai Shao

Yi Tai Shao, Petitioner in pro per

xix

Table of Contents

QUESTIONS PRESENTED

.1

PARTIES TO THE PROCEEDING .......................... 1

interested third parties; request for recusal of 8

Justices Roberts, Thomas, Beyer, Alito, Ginsburg,

Sotomayer, Kagan AND GORSUCH........................1

Petition for writ of certiorari....................................1

OPINIONBELOW...................................................4

JURISDICTION ....................................................... 8

STATUTES INVOLVED (App.1-18) ........................8

STATEMENT OF THE CASE................................10

II. THE DISMISSAL STYMIED EXPOSURE OF

RESPONDENT Jame McManis'S ILLEGALGIFTS

TO THE JUDGES AND COURT STAFFS ............25

THIS CASE NAME HAS BEEN ALTERED

BY ALL APPELLATE LEVELS TO

CONCEALTHE NAME OF JAMES MCMANIS

27

EX PARTE CONTACTS THROUGH THE

AMERICAN INNS OF COURT.......................28

Special Master quasi- employment

relationship.......................................................32

Both experts perceived the public view of

conflicts of interest...........................................32

REASONS FOR GRANTING CERTIORARI: RULE

10(b) and (c)............................................................33

I. writ should be issued for the repeated egregious

court crimes that severely prejudiced significant

civil rights of liberty, human dignity, fundamental

right to appeal and have reasonable access to the

court........................................................................33

xx

A. Admission of court's crimes of concealing notice

of due date of appeal by the deputy clerk's failure to

deny or explain .......................................................34

The Sixth District lacks jurisdiction to issue the

Rule 8. 122dismissa1 sanction when the dismissal

was fraudulently played by the courtitseif ............ 37

orders violating Rule 8.54(b)(1) should be held

tobe void.................................................................38

To file an appeal without sufficient records on

appeal violates due process ....................................38

Prejudice to Petitioner for stalling appeal is

significant because both vexatious litigant orders

should have been invalidated if there were a fair

and impartial tribunal as a matter of law . ............ 39

LACK OF QUALIFIED JUSTICE AND

IMPARTIAL COURT..............................................40

A.Santa Clara County Court must be changed

VENUE................................................................40

1. Disqualify the Sixth District.....................42

CONCLUSION .......................................................42

verification..............................................................42

Cases

Borough ofDuryea v. Guarnien 564 US 379, 387,

131 S.Ct. 2488, 2494 (2011)..................................36

Cohen v. Huges Markets, Inc. (1995) 36 Cal.App.4th

1693 .......................................................................39

Curie v. Superior Court (2001) 24 Cal.4th 1057, 1070.

..................42

E.g., People v. Seumanu (2015) 61 Cal.4t 1293....38

In Inquiry Concerning Harris (2005) 49 CalAth CJP

Supp.61..................................................................41

In re Marriage of Straczynski (2010) 189 Cal.App 4th

531 .........................................................................39

In State v. Putnam (1996) 164 Vt. 558 ...................41

xxi

Knouse v. Nimocks(1937) 8 C.2d 482, 66 P.2d 43842

Locada v. Deeds (1991) 498 US 430, overruled on

other grounds by Roe v. Flores Ortega (2000) 528

US470...................................................................36

Morton v. Wagner (2007) 156 Cal.App.4th 963, 96839

People v. Waidla (2000) 22 Ca1.4th 690, 703, fn.1... 38

People v. Zarazua, 179 Cal.App.4th 1054, 1064

(2009)....................................................................38

Powell v. Anderson (Mm. 2003) 660 N.W.2d 107,

116-119 ................................ ... ................................ 40

Robinson v. Robinson, 2017- Ohio- 450 (Coiurt of

Appeals of Ohio, Fourth Appellate District, Meigs

County, released on 1/31/2017)............................36

Scott v. Kenyon (1940) 16 C.2d 197........................42

Smith v. SikorskyAircraft(C.D. Cal. 1976) 420 F.

Supp.661, 662 .......................................................40

U.S. v. Jordan (1985) 49 D.3d 152, Ft. 18..............41

United States v. Lilley, 581 F.2d 182 .....................34

United States v. Moore, 522 F.2d 1068 (9th Cir.),

Cert. denied, 423 U.S. 1049, 96 S. Ct. 775, 46 L.

Ed. 2d 637 (1976)..................................................34

United States v. Ojala, 544 F.2d 940, 946 (8th Cir.

1976).......................................................................34

Williams v. Pennsylvania, 136 S.Ct. 1899, 1903 &

1905 (2016) ...........................................................40

Winthrow v. Larkin, 421 U.S. 35, 47, 95 S.Ct. 1456,

1464 (1975) ...........................................................40

Statutes

§115,§132,§134,§470 ............................................. 10

§182..........................................................................35

§182, §96.5 ...............................................................10

§278.5. ...................................................................... 35

§96.5.........................................................................35

18 USC §371 ......................................................32, 36

18USC1001...........................................................32

xii

.32

18 USC2071(b)

182 ..............................................................................5

28 U.S.C. §2101(c)......................................................8

28USC1257............................................................. 8

28USC455............................................................. 11

965.............................................................................5

California Code of Civil Procedure 170.3(c)..............6

California Penal Code §278.5 ..................................10

California Penal Code Sections 132, 134, 470 ..........5

California Penal Code Sections 132, 134, 470, 182

and96.5...................................................................7

California Penal Code115, §132, §134, §470.........35

Government Code §6200..........................................35

US Const.Amend I ...................................................36

Rules

"Judicial Conference Regulations on Gifts ................ 4

§620.25(g) of the Guide to Judiciary Policy Vol.2C.32

§620.30, §620.35, §620.45 and §620.50 of the US

Guide to Judiciary Policy......................................10

§620.35 (a) and §620.45 of Guide to Judiciary Policy

.....................5

Canon 2(B)(2),(7) and (8) of California Code of

JudicialEthics ........................................................5

Guide to Judiciary Policy §1020.30...........................4

Guide to Judiciary Policy §620.25.............................4

Guide to Judiciary Policy §620.30.............................4

Guide to Judiciary Policy Vol.2C...............................4

Rule 5300 of California Rules of Professional

Conduct. ................................................................ 41

Rule8.122 ................................................................37

Rule 8.54(b)(1)..........................................................38

US Sup. Ct. Rule 13.1 and 13.3.................................8

Treatises

13 WitkinCal.Proc. Appeal §917 .............................42

xli'

Regulations

Judicial Conference of the U.S., Committee on Code

of Conduct for United States Judges, Compendium

of Selected Opinions §3.6-6[1] (April 2013).........42

Table of Contents for the Appendix is after the last

page of the Petition, at the beginning of the

Appendix.

1

PARTIES TO THE PROCEEDING

Petitioner is Yi Tai Shao, aka Linda Shao ["Shao"],

an attorney licensed to practice law in the State of

California since 1996, who is the mother in the

underlying appeal now pending with the Supreme

Court in Petition No. 18-569.

Respondents are McManis Faulkner, LLP, James

McManis, Michael Reedy and Catherine Bechtel.

They are represented by Janet Everson Pearson,

Bradley & Feeney; 88 Kearny Street, 10th Floor;

San Francisco, CA 94108-5530.

INTERESTED THIRD PARTIES; REQUEST FOR

RECUSAL OF 8 JUSTICES ROBERTS, THOMAS,

BEYER, AUTO, GINSBURG, SOTOMAYER,

KAGAN AND GORSUCH

Interested third parties: Chief Justice John G.

Roberts, retired Justice Anthony M. Kennedy,

Justice Clarence Thomas, Justice Ruth Bader

Ginsburg, Justice Thomas Alito, Justice Stephen

Beyer, Justice Elena Kagan, Justice Sonia

Sotomayerat the US Supreme Court.

I, Yi Tai Shao, declare

1. Chief Justice John G. Roberts, retired Justice

Anthony M. Kennedy, Justice Clarence

Thomas, Justice Stephen Beyer, Justice

Samuel Auto, Justice Ruth Bader Ginsburg,

Justice Elena Kagan, Justice Sonia

Sotomayer, the US Supreme Court, Jeff

Atkins who is in charge of filing of Request for

Recusal, Jordan Bickel who is in charge of the

proceeding after Writs are issued, are in

default in the lawsuit of 1:18-cv-01233-RC

since August 23, 2018 that is pending with

the U.S.D.C. for the District of Columbia.

Thisdirect conflicts of interest is well beyond

2

their being sued, as the relief requested was

to impeach them. Petitioner filed Affidavits

requesting entry of default on October 16,

2018 when the due date for their responses to

the First Amended Complaint was August 23,

2018. (App.179-189)

On November 19, 2018, the same date when

this Court denied Petitioner's Petition for

Writ of Certiorari in 18-344, the US Attorney

for the District of Columbia filed a frivolous

Responses of the U.S. regarding the affidavit

of default. It is frivolous as the US Attorney

failed to comply with the rules of procedure to

seek the order of the U.S.D.C. for the District

of Columbia for intervention and provided

false fact via an incompetent declaration to

allege that US Attorney was never served

with the Summons and Complaint of the

lawsuit with the case number of 1:18-cv01233. See ECF#140 and 142 (motion to

strike the Responses of the US); see also

App. 188.

The US Attorney for District of Columbia

apparently was filing the Response with

malice in abusing 28 USC §517 as the

Responses mentioned ECF#20 on its Page 2

(ECF#140) but ECF#20 is a proof of service

made by a professional process server

attesting proper service of the Summons and

Complaint upon the US Attorney and her

office on June 25, 2018, more than 5 months

ago when no one ever challenged the proof of

service and it has passed the time for a

motion to strike ECF#20.

3

The eight Justices were sued as they have

conspired together not to rule on Petitioner's

three requests for recusal in the conferences

of January 8, 2018 (17-256 and 17-613) and

February 26, 2018 (17-613), in abandoning

their Constitutional duty to decide and their

decline to decide the three requests for

recusal constituted a discriminative practice

as they have never refused to decide on a

request for recusal. The practice of this Court

is based on the decision of the Wisconsin

Supreme Court in State v. Allen (2010) 322

Wis.2d 372, 395.

Petitioner's requests for recusal were based

on the Justice s'extraj udicial regular social

and financial relationship with the American

Inns of Court including sponsoring their

clerks' solicitation of the Temple Bar

Scholarship from the American Inns of Court

(App.161-69) without disclosing the amount of

the gifts, where Respondent McManis

Faulkner law firm is a major sponsor and

James McManis is a leading attorney of the

American Inns of Court, Respondent James

McManis is socially closely related with Chief

Justice John G. Roberts (App.173) and there

are two chapters of the American Inns of

Court established in the names of Justice

Anthony M. Kennedy and Justice Ruth Bader

Ginsburg.

The Temple Bar Scholarship is targeted at

the Clerks of this Supreme Court based on

their judicial function. The qualification of

such gifts explicitly stated so in

http://home.innsofcourt.org/AIC/Awards—and—

Scholarship s/Temple_ Bar _Scholarship s/AIC/

Awards_and_Scholarships/Temple_Bar_Schol

arships/Te mple_Bar. aspx?hkey= 1 df4d43 3b273-4c76-a96b-357ecb5921e9. (App. 170-72)

American Inns of Court published on its website for

Temple Bar Scholarship as below:

"How are Temple Bar Scholars selected?

The three principal selection criteria for Temple

Bar Scholars® are:

High academic achievement in law school

Experience as a law clerk for a judge or

justice of a leading appellate court, including

the Supreme Court of the United States

Demonstrated interest in international law

issues"

Therefore, the Temple Bar Scholarship should be

governed by "Judicial Conference Regulations on

Gifts" and Honoraria, Guide to Judiciary Policy

Vol.2C. See Guide to Judiciary Policy §620.25. (See

Petition for Rehearing, App.14) As this is based on

the recipient's judicial status, subdivision (g) does

not apply and the scholarship is qualified as a gift.

7.

The Temple Bar Scholarship applications by

the 38 clerks violatedGuide to Judiciary Policy

§620.30 (Petition for Rehearing, App. 14; "A judicial

officer or employee shall not solicit a gift from any

person who is seeking official action from or doing

business with the court or other entity served by

the judicial officer or employee, or from any other

person whose interests may be substantially

affected by the performance or nonperformance of

the judicial officer's or employee's official duties.")

and Guide to Judiciary Policy §1020.30 (Petition for

5

Rehearing, App.17; no receipt of payment made

because of the Clerk's status in the government.) as

the American Inns of Court have been doing

business with the US Supreme Court by holding its

annual conferences at the US Supreme Court for

years and at least its leading sponsoring attorneys'

interests of their cases at the Supreme Court may

be affected by these clerks. The most recent

business conference of the American Inns of Court

at the this Court was October 21, 2017 when

Michael Reedy, a Respondent in 17-256 and 17-82,

a partner to James McManis, was invited to attend.

(App. 175)

Such scholarships violate §620.35 (a) and

§620.45 of Guide to Judiciary Policy (Petition for

Rehearing, App. 15, 16) as (1) the American Inns of

Court is not a bar due to the secrecy of its

membership and restriction of its membership and

(2) the American Inns of Court is financially

supported by many rich attorneys who used this to

obtain their favors in the courts, such as James

McManis.

This Court's Clerk's Office has committed the

same pattern of breaching the clerk's duties to file

and to maintain the docket as California 6th

District Court of Appeal. The irregularities in the

proceedings of the three Petitions, 17-82, 17-256,

17-613, 18-344 (refused to file Request for Recusal

on 11/20/2018) and 18-569 (refused to docket filing

of the Request for Recusal) suggest a public

appearance that this court and judiciary

administration were influenced substantially by

James McManis, the well-recognized leading

attorney of the American Inns of Court. These

irregularities constitute actual prejudice suffered

by Petitioner. Jordan Bickel acted beyond his

authority to bring in a non-amicus curiae clerk

named Donald Baker to deter filing the Amicus

Curiae motion of Mothers of Lost Children in No.

17-82 (not even returning the 41 copies mailed for

filing), delayfihing, de-file 2 weeks after filing of the

Amicus Curiae motion in 17-613, and re-file it later,

with many incidents of alteration of dockets in

Petition No. 17-613 (to reverse the child custody

order of Judge Patricia Lucas and to change courts),

and, concealing court's records by refusing to enter

into the docket the Appendixes for three Requests

for Recusal (one in 17-256, two in 17-613),

concealing the filing of the Requests recently in 18344 and 18-569.

On November 20, 2018, the US Supreme Court

rejected filing of Request for Recusal in 18-344

with an excuse that the court denied Petition for

Writ of Certiorari in 18-344 on November 17,

2018. (App.190) The Clerk's Office failed to

docket its receipt of the Request for Recusal in

18-344.

The Request for Recusal in Petition No. 18-569

that was filed with the US Supreme Court

simultaneously with that in 18-344 was not

returned but it was not entered into the docket

of 18-569.

12.After U.S.D.C. for the District of Columbia

delayed by a month in knowingly refusing to

enter default, PRWeb published a news which

was picked up by 164 media within 2 hours.

(See a copy of the news release in A.0103

attached to the Request for Recusal filed in 18569.)Yet, Google suppressed such news

7

whichapparently was directeds by the Chief

Justice John G. Roberts.

The hacker who appeared to be associated with

Google, Youtube, McManis Faulkner, LLP and

Judge Theodore Zayner, has been hacking over

Petitioner since March 2018. The hacker's name

is Kevin L. Warnock whose name was found to

became the author for thousands of files

authored by Petitioner and has deleted more

than 44,024 files from Petitioner's back up discs

which could only be done by burglarizing

Petitioner's residence.A sensor sensing the

garage door opening and closing was discovered

recently which was illegally placed on the

garage door of Petitioner's residence. Mr.

Warnock got assistance from Esther Chung

whose names showed in some of the complaint

type documentary files as the author in place of

Petitioner.

Kevin L. Warnock is an expert on networking

for Intel Corp. whose attorney is Respondents

James McManis, Michael Reedy and McManis

Faulkner, LLP.

Google, Inc. was shown to have obtained special

favor from Chief Justice John G. Roberts in

Petition No.17-357 (obtained 2 months'

extension to file Petition for Writ of Certiorari, a

unique conference date of 1/5/2018, and was

able to file Supplemental Petition without

seeking leave of the court's order.) even though

Justice Kennedy was in charge of the 9th Circuit

area. Google and YouTube suspended

Petitioner's gmail accounts without any notice

alleging violations of their policies because

Petitioner published her YouTube radio show on

this Court's Justices' sponsoring the Temple Bar

Scholarship. Kevin L. Warnock appeared to be

working with Google as well.Evidence of such

hacking has been very intensive up to present.

16. The hacker has deleted all soft copies of

depositions transcripts and entire files of this

civil case from all computers (6-7 computers) for

this trial court proceeding of Shao v. McManis

Faulkner, James McManis, Michael Reedy, et al.

at the residence of Petitioner. Likewise, Judge

Theodore Zayner illegally took the case files of

this case on or about July 20, 2016 and was

confirmed by Santa Clara County Court on July

11, 2017 that he "lost" Volume 5 of the court

files (App.202). Judge Zayner who maintained

parental deprival of Petitioner by 4 years also

illegally took from the Santa Clara County

Court the original deposition transcripts of

James McManis and Michael Reedy that were

lodged with the trial court for the jury trial set

to begin on 12/9/2015. (James McManis caused

his client court to stay the trial pending

disposition of the custody trial, which was

feloniously dismissed in May 2018 and now in

Petition 18-569.) Such large file deletion and

hacking including burglarizing into Petitioner's

residence were apparently related to Google,

James McManis, and Judge Zayner. There is a

reasonable appearance that the hacking by

Google was directed by Chief Justice John

Roberts, based on the appearance of special

favor that Chief Justice gave Google in Petition

17-357 (obtained from Chief Justice lengthy

extension to prepare Petition for Writ of

F

IE

Certiorari and special conference date of

1/5/2018 that was not on the court's calendar.)

The US Attorney for the District of Columbia,

Jessie K. Liu, who failed to disclose her conflicts

of interest that she is a proactive member of

Defendant the American Inns of Court, failed to

follow the rules of procedure and filed a

"Responses of the United States" on November

19, 2018 without filing a motion for intervention,

and presented an unqualified affidavit not from

the custodian of records to declare falsely that

the US Attorney for the District of Columbia

and her office were not served with the

Summons and Complaint. In fact, ECF#20 that

was filed 5 months prior, has proved that they

were truly properly served and no one ever

contested to this fact or file a motion to strike

ECF#20.

As how Respondent James McManis could have

such enormous influential power is by way of

being a major donor of the American Inns of

Court, and the judges/justices involved to

unreasonably withhold child custody return to

Petitioner are buddies to Respondents James

McManis and Michael Reedy through two

chapters of the American Inns of Court, and

none of the judicial officers or courts ever

disclosed such regular social relationship, the

American Inns of Court's function providing ex

parte communication platforms has been the

key question for each of the Petitions filed with

this Court since 2017, including 17-82, 17-236,

17-613, 17-344, 17-569 and also this Petition.

Therefore there is an appearance of conflicts of

interest that requires recusal of the Justices

10

who have solicited gifts on behalf of their clerks

from the American Inns of Court and failed to

make a disclosure in violation of §620.30,

§620.35, §620.45 and §620.50 of the US Guide to

Judiciary Policy.

While this Court's Clerk's Office persisted on

refusing to e-post/e -file the appendix for the

three requests for recusal filed with this court in

Petitions 17-82, 17-256 and 17-613, two

material documents as evidence of conflicts of

interest were purged from the internet about

the same time. They are Pages 12 and 22 of the

suppressed appendix for the 3 Requests for

Recusal at issue in 1J8c-01233-RC.

One is the snapshot regarding American Inns of

Court's video spoken by Attorney Emanuel

Sanches who stated "This is the only

organization that I know that the lawyers and

judges belong to the trial bar have a chance to

meet outside of the courtroom in a social setting

and really able to establish the rapport." Such

statement directly violates Rule 5-300 of

California Rules of Professional Conduct and

Canon 3 to disallow ex parte communications

and gifts with judges. (See, also, A.20 attached

to Request for Recusal filed in 17-569)

21.American Inns of Court put this video clip back

after Petitioner made the criticism in her

Renewed Request for Recusal filed in early

February along with her Petition for Rehearing

at Petition No. 17-613 on or about Feb. 2, 2018.

22. The other was James McManis's news release

dated 08/13/2012 publishing his relationship

with Chief Justice John G. Roberts that he was

the third after Justice Roberts to receive the

11

highest honor of the Inns of Court - -- Honorary

Bencher of the Kings' Inn. (See, also, A. 19

attached to Request for Recusal filed in 17-569)

Petitioner declare under the penalty of perjury

under the laws of the U.S. that her statement

above and all documents provided in the Appendix

is true and made in good faith pursuant to 28 USC

§455.

Petitioner declares that any reasonable person

will believe that Petitioner cannot have a fair

decision on this Petition based on direct conflicts

of interest with the 7 Justices when there are

pending requests for entry of default.

With this statement under the section of

"Parties to the Proceeding", in view of the US

Supreme Court's felonious refusal to file the

Requests for Recusal nor entering into the

docket of Petitions No. 18-344 and No. 18-569,

Petitioner respectfully requests 7 of the

originally named 8 Justices to be recused from

deciding this Petition. Petitioner respectfully

requests staying this Petition until resolution of

1:18-cv-0 1233 which is expected not more than 7

months.

I swear under the penalty of perjury under the laws

of the US that the foregoing facts and laws are true

and accurate to the best of my knowledge.

Dated: December 11, 2018

By 1st Yi Tai Shao

Yi Tai Shao, Petitioner in pro per

1

Table of Contents

QUESTIONS PRESENTED

1

PARTIES TO THE PROCEEDING..........................1

interested third parties; request for recusal of 8

Justices Roberts, Thomas, Beyer, Alito, Ginsburg,

Sotomayer, Kagan AND GORSUCH........................1

Petition for writ of certiorari....................................1

OPINION BELOW...................................................4

JURISDICTION.......................................................8

STATUTES INVOLVED (App.1-18) ........................8

STATEMENT OF THE CASE................................10

II. THE DISMISSAL STYMIED EXPOSURE OF

RESPONDENT Jame McMams'S ILLEGALGIF1'S

TO THE JUDGES AND COURT STAFFS ............25

THIS CASE NAME HAS BEEN ALTERED

BY ALL APPELLATE LEVELS TO

CONCEALTHE NAME OF JAMES MCMANIS

27

EX PARTE CONTACTS THROUGH THE

AMERICAN INNS OF COURT.......................28

Special Master quasi- employment

relationship.......................................................32

Both experts perceived the public view of

conflicts of interest...........................................32

.

REASONS FOR GRANTING CERTIORARI: RULE

10(b) and (c)............................................................33

I. writ should be issued for the repeated egregious

court crimes that severely prejudiced significant

civil rights of liberty, human dignity, fundamental

right to appeal and have reasonable access to the

court........................................................................33

2

A. Admission of court's crimes of concealing notice

of due date of appeal by the deputy clerk's failure to

deny or explain .......................................................34

IL The Sixth District lacks jurisdiction to issue the

Rule 8. 122dismissa1 sanction when the dismissal

was fraudulently played by the courtitseif ............ 37

orders violating Rule 8.54(b)(1) should be held

tobe void.................................................................38

To file an appeal without sufficient records on

appeal violates due process .....................................38

Prejudice to Petitioner for stalling appeal is

significant because both vexatious litigant orders

should have been invalidated if there were a fair

and impartial tribunal as a matter of law . ............ 39

LACK OF QUALIFIED JUSTICE AND

IMPARTIAL COURT..............................................40

A.Santa Clara County Court must be changed

VENUE................................................................40

1. Disqualify the Sixth District.....................42

CONCLUSION.......................................................42

verification..............................................................42

Cases

Borough of Duryea v. Guarnier.i 564 US 379, 387,

131 S.Ct. 2488, 2494 (2011)..................................36

Cohen v. Huges Markets, Inc. (1995) 36 Cal.App.4th

1693 .......................................................................39

Curie v. Superior Court (2001) 24 Ca1.4th 1057, 1070.

.........................................42

E.g., People v. Seumanu (2015) 61 Ca1.4th 1293; 38

In Inquiry Concerning Harris (2005) 49 Cal.4th C J P

Supp.61..................................................................41

In re Marriage of Straczynski (2010) 189 Cal.App.4th

531 .........................................................................39

In State v. Putnam (1996) 164 Vt. 558 ...................41

....

3

Knouse v. Nimocks (1937) 8 C.2d 482, 66 P.2d 43842

Locada v. Deeds (1991) 498 Us 430, overruled on

other grounds by Roe v. Flores Ortega (2000) 528

US470...................................................................36

Morton v. Wagner (2007) 156 Cal.App.4th 963, 96839

People v. Waidla (2000) 22 Cal.4th 690, 703, fn.1... 38

People v. Zarazua, 179 Cal.App.4th 1054, 1064

(2009)....................................................................38

Powell v. Anderson (Mm. 2003) 660 N.W.2d 107,

116- 119..................................................................40

Robinson v. Robinson, 2017-Ohio-450 (Coiurt of

Appeals of Ohio, Fourth Appellate District, Meigs

County, released on 1/31/2017)............................36

Scott v. Kenyon (1940) 16 C.2d 197........................42

Smith v. SikorskyAircraft(C.D. Cal.1976) 420 F.

Supp.661, 662 .......................................................40

US. v. Jordan (1985) 49 D.3d 152, Ft. 18..............41

United States v. Lffley, 581 F.2d 182 .....................34

United States v. Moore, 522 F.2d 1068 (9th Cir.),

Cert. denied, 423 U.S. 1049, 96 S. Ct. 775, 46 L.

Ed. 2d 637 (1976)..................................................34

United States v. Ojala, 544 F.2d 940, 946 (8th Cir.

1976)...................................................................... 34

Williams V. Pennsylvania, 136 S.Ct. 1899, 1903 &

1905 (2016) ........................................................... 40

Winthrow v. Larkin, 421 U.S. 35, 47, 95 S.Ct. 1456,

1464 (1975) ...........................................................40

Statutes

§115,§132,§134,§470 ............................................. 10

§182..........................................................................35

§182, §96.5 ...............................................................10

§278.5. ...................................................................... 35

§96.5.........................................................................35

18 USC §371 ......................................................32, 36

18USC1001 ...........................................................32

.32

18 USC2071(b)

182 ..............................................................................5

28 U.S.C. §2101(c)......................................................8

28USC1257 ............................................................. 8

28USC455............................................................. 11

96.5 .............................................................................5

California Code of Civil Procedure 170.3(c)..............6

California Penal Code §278.5..................................10

California Penal Code Sections 132, 134, 470 ..........5

California Penal Code Sections 132, 134, 470, 182

and96.5...................................................................7

California Penal Code115, §132, §134, §470.........35

Government Code §6200..........................................35

US Const.Amend I ...................................................36

Rules

"Judicial Conference Regulations on Gifts ................ 4

§620.25(g) of the Guide to Judiciary Policy Vol.2C.32

§620.30, §620.35, §620.45 and §620.50 of the US

Guide to Judiciary Policy......................................10

§620.35 (a) and §620.45 of Guide to Judiciary Policy

...........................................5

Canon 2(B)(2),(7) and (8) of California Code of

Judicial Ethics ........................................................5

Guide to Judiciary Policy §1020.30...........................4

Guide to Judiciary Policy §620.25.............................4

Guide to Judiciary Policy §620.30 ............................. 4

Guide to Judiciary Policy Vol.2C...............................4

Rule 5-300 of California Rules of Professional

Conduct. ................................................................ 41

Rule8.122 ................................................................37

Rule 8.54(b)(1)..........................................................38

US Sup. Ct. Rule 13.1 and 13.3.................................8

Treatises

13 WitkinCal.Proc. Appeal §917 .............................42

5

Regulations

Judicial Conference of the U.S., Committee on Code

of Conduct for United States Judges, Compendium

of Selected Opinions §3.66[1] (April 2013).........42

Table of Contents for the Appendix is after the last

page of the Petition, at the beginning of the

Appendix.

1

PETITION FOR WRIT OF CERTIORARI

Petitioner respectfully prays that a Writ of

Certiorari issue to review the California Sixth

District Court of Appeal ["the Sixth District"]'s

order of July 10, 2018 that fraudulently dismissed

Petitioner's appeal without notice according to the

failure to deny or admission of the court's Deputy

Clerk Beth Miller (App.29 and App.30), with direct

conflicts of interest, with false entry of docket a

notice of 6/15/2018 and a perjured certificate of

completion when after 2 years' delay in preparing

records, California courts knowingly excluded from

the records on appeal all critical filings of

Petitioner in severe violation of due process.

California courts' repeated deterrence of appeal is

part of the conspiracy to stymie all power of

Petitioner to change the permanent parental

deprival plan in order to help their attorney and

friend, Respondent James McManis, and his firm,

Respondent McManis Faulkner, LLP to suppress

evidence of their judiciary corruptions, and to apply

collateral estoppel of Judge Patricia Lucas's

custody order of November 4, 2013 (Petition No.

569) to establish their only defense against this

legal malpractice lawsuit.

As declared by Attorney Meera Fox,

"Since being Since being sued by Ms. Shao for his

malpractice, it has become important to Mr. Reedy

and the law firm of McManis Faulkner, for whom

Mr. Reedy works, to ensure that Ms. Shao not

regain custody of her child, since as long as she

does not get her child back, they can argue that

their failure to advocate for her did not cause the

damage that she suffered.Not coincidentally, the

2

judges who have denied Ms. Shao the return of her

child ever since have been very close bedfellows

with Michael Reedy and are two top executive

members of his social "club," the William A. Ingram

American Inn of Court." (App. 102; emphasis added)

The fraudulent dismissal of this appeal is in the

same pattern as the dismissal of child custody

appeal from Judge Patricia Lucas's November 4,

2013's order (pending with this Supreme Court in

Petition No. 18-569), in that both dismissal was

made by concealing notices and orders by sending

to an email of attorneylindashao@gmail.com which

had been ceased being the registered email for e

filing since March 22, 2018 and the Sixth Appellate

District's deputy clerk Beth Miller who has been in

charge of Petitioner's appeals, was made known on

March 27, 2018 that the reason of changing the

registered email was because Petitioner was unable

to have access to. (App.88).

As for the custody appeal in 18-569, the then

Presiding Justice at the Sixth Appellate District

Court, Rebecca Delgado at Santa Clara County

Court and Respondent McManis Faulkner law firm

conspired (App.114) to dismiss the appeal many

times to no avail, with the notorious fraudulent

dismissal being on March 14, 2016 where Ms.

Delgado, as instructed by her supervisor Susan

Walker, somehow entered into the courthouse of

Santa Clara County Court on Saturday, March 12,

2016to issue a false Notice of Non-compliance

against Petitioner for the purpose of dismissing the

custody appeal (App.131), within 24 hours following

the hearing in front of Judge Woodhouse regarding

staying the jury trial pending disposition, i.e.,

dismissal, of the child custody appeal (App.83)

3

when Respondents' attorney had predicted

dismissal of the custody appeal being the ground of

stay jury trial (App.110). Then, within 25 minutes

of the opening of the Sixth Appellate District court

of appeal on Monday, March 14, 2016, Beth Miller

processed the filing and service of the dismissal

order signed by Justice Conrad Rushing (App.129).

With the continued "shenanigans", including many

false notices, false docket entries (App.115-118), the

common scheme of dismissing the custody appeal

was eventually implemented by Justice Adrianne

Grover on May 10, 2018 without complying with

Rule 8.57 (required a noticed motion), in acting on

behalf of the new Presiding Justice Mary J.

Greenwood.

Justice Greenwood dismissed 4 appeals within 2

months of her swearing-in, without disclosing her

being the wife of Judge Edward Davila and failed to

obey Canon 2 and Canon 3 of California Code of

Judicial Ethics in making disclosure of such

conflicts of interest. Petition 18-344 was done by

her in person to disallow this trial court case to be

moved away from the control of Respondent James

McManis's client—Santa Clara County Court.

When the custody appeal after the appeal lasted for

more than 4 years and fraudulently dismissed,

there were no records on appeal to afford Petitioner

an opportunity to file her Opening Brief. The

custody trial hearing transcripts have been sitting

at the home of the court reporter for 5 years which

were blocked by the trial court from filing with the

Sixth Appellate Court. (18- 569)

Similar to that custody appeal, the common

scheme of the conspiracy was also to deter this

appeal as the trial court conspired with

4

Respondents to misuse the prefihing order to block

Petitioner's access to the court such as to ensure

their plot of permanent parental deprival when

they know Petitioner had been entitled to

immediate child custody change back to her

because she had obtained evidence 4 years ago

(Petition No. 14-1912; 14A677) that her ex-husband

has had dangerous mental illness. (See 18-569 in

its App. 178)

Santa Clara Court, the Sixth Appellate Court

and California Supreme Court have misused their

judicial power to advance their personal or

financial interest in violation of Canon 2 and 3 of

California Code of Judicial Ethics (see also, 28 USC

§455(c)). Such misuse of judicial power shocks the

conscience of the public and has caused numerous

counts of felonies. With the same scheme of

deterring filing, concealing filing, and alteration of

docket also took place in the US Supreme Court

where James McManis has grave influence via

American Inns of Court, Petitioner respectfully

requests the interested Justices at this Court to be

recused pursuant to 28 USC §455and Canon 3 so

that she may get a fair and impartial hearing.

OPINION BELOW

Petitionerwas entirely blocked from appealand was

not given a day at the court after California Courts

deterred appeal by refusing to file records on

appeal in compliance with Rule 8.130 (within 30

days) for more than 2 years. The appeal was

dismissed on 7/10/2018 for failure to file an

Opening Brief by the 7/9/2018's new due date

(App.25) but the due date was willfully concealed

from Petitioner, and her Motion for Judicial Notice

in support of her opening brief which is part of her

5

opening brief had been accepted for filing on

7/3/2018.

Please see discussion on the fraud and

admission or failure to deny or explain the

accusation of fraud by the deputy clerk Beth Miller,

in Section III of the Statement of the Case. Ms.

Miller followed instruction of some Justice to

conceal the 7/9/2018's due date by sending to

Petitioner's extinct email that was removed from

the e-filing Truefiling.com since 3/22/2018.

The reason why Petitioner did not file her

Opening Brief together with the Motion for Judicial

Notice was because all material filings opposing

vexatious litigant were not included in the records

on appeal; she discovered the certificate of

completion made by R. Delgado, the same clerk who

forged the Saturday Notice of Non-compliance in

child custody appeal (18-569) on 3/12/2016 did the

perjury. Ms. Miller instructed Petitioner to wait for

the court's ruling before filing Opening Brief, but

willfully concealed the ruling from Petitioner.

Justice Frank Elia as acting Presiding Justice

denied Petitioner's motion to vacate dismissal on

July 30, 2018. (App.32)There was no disclosure of

conflicts of interest made by either Justice Elia

["Elia"] (App.177-78) nor by Presiding Justice Mary

J. Greenwood ["Greenwood"] as required by Canon

3 of California Code of Judicial Conduct. The

incomplete records may be contributed by Judge

Theodore Zayner's illegal removal of the files as at

least he removed the original deposition transcripts

of his undisclosed buddies, James McManis and

Michael Reedy, that took place sometime after July

20, 2016 and confirmed Volume 5 of the court files

being missing by Record Unit's supervisor on July

17, 2017 (App.202).

California Supreme Court's Chief Justice failed to

rule on Petitioner's request for recusal, which,

according to California Code of Civil Procedure

170.3(c)(App.3), Chief Justice should have been

"deemed to have consented to he r disqualification",

but she denied review on 9/12/2018. California

Supreme Court took judicial notice of the conflicts

of interests and irregularities of the lower courts

through its decision in S242475 on 7/19/2017, but

never granted review on the same issues of conflicts

of interests and fraudulent irregularities

repeatedly brought up to the Supreme Court,

resulting in gross miscarriage of justice in violation

of California Penal Code §96.5:

S243350 (H040395/FL126882) on 7/24/2017

S248267 (H043851/FL126882) on 5/25/2018

S248449 (H045502/CV22057 1) on 6/13/2018

[Petition No. 18-344]

S248477 (H045501/FL126882) on 6/13/2018

S249444 (H040395/FL126882) on 7/25/2018

[Petition No.18-5691, and now

S250729 (CV220571) on 9/12/2018

Based on California Supreme Court Chief

Justice's apparent conspiracy in repeatedly willful

covering up the material issue of conflicts of

interest such as having caused miscarriage of

justice, in breach of her duty to "provide a forum for

the fair and expeditious resolution of disputes"

codified in Rule 10.603(a) of California Rules of

Court for many years, and now is a defendant in

Shao v. Roberts, et al. in 118-cv-01233 pending

with the U.S.D.C. in the District of Columbia,

Petitioner respectfully requests Chief Justice to

recuse herself from handling this Petition.

The trial Court's opinion is in App. 37-56,

which did not mention prefiling order. The trial

court's order ruled against Respondents' raising 5

proceedings in 7 years (App.44-45), then the court

suasponteraised a new issue acting as the attorney

for Respondents, to create 10 adversed decision

based on the appeals and petitions for writs made

by Petitioner with all derived from the same family

case, when such issue was beyond the scope of

Respondent's motion to declare Petitioner as a

vexatious litigant. The court explicitly made a

finding that Respondents provide d"incomp lete

arguments and evidence." (App.55) Despite

Respondents' motion was defective, the court still

granted declaration of vexatious litigant based on

its suasponte new argument and disallowed

Petitioner to present arguments or evidence in

response to the new issue at the hearing that the

court restricted to 10 minutes.

The Court failed to disclose its attorney-client

relationship with Respondent James McManis

["McManis"], falsely denied knowledge of such

attorney-client relationship, failed to disclose their

quasi-employment relationship with McManis, the

gifts received by many of its employees from

McManis, and their long term social relationship

through two chapters of the American Inns of Court,

the William A. Ingram American Inn of Court

["Ingram Inn"] and the San Francisco Bay Area

Intellectual Property Rights American Inn of Court

["S.F. Bay IP Inn"].

This order was immediately used by

Petitioner's ex-husband Tsan- Kuen Wang ["Wang"]

in the family court as an excuse to block Petitioner

from taking his deposition and to cancel all motions

and hearings [See Petition 18-5691 on June 24,

2015. There was no Prefiling Order attached to the

6/24/2016's filing by Wang as the Prefiling Order

was not issued yet.

The court back dated its filing stamp on the

Prefiling Order to be 6/16/2018 3:03 p.m. (App.58)

with proof of service stamped as at 3:20 p.m.

(App.59), when the true order was filed on

6/16/2018 at 10:56 a.m. (App.37) with proof of

service filed at 11:00 a.m. (App.57). The Prefiling

Order was not entered into the docket until about

August 2017, after Judge Zayer illegally grabbed

the court files into his chamber, with a backdating

entry of 6/16/2015.

JURISDICTION

California Supreme Court's order was entered

9/12/2018(App.19). Petitioner invokes this Court's

jurisdiction under 28 USC § 1257 as the decisions of

the California courts rejected Petitioner's claims

under the First and Fourteenth Amendments to the

Constitution of the United States. The Petition is

timely under 28 U.S.C. §2101(c) and US Sup. Ct.

Rule 13.1 and 13.3.

STATUTES INVOLVED (APP.1-18)

U.S. Constitution, First Amendment

U.S. Constitution, Fourteenth Amendment

28 U.S.C.S. §455(b)

The Guide to Judiciary Policy prepared by the

Judicial Conference of the United States Judicial

Conference of the United States, Committee on

Code of Conduct for United States Judges,

Compendium of Selected Opinions §3.6-6[1] (Apr.

2013) (emphasis added)

California Code of Civil Procedure §397(b)

California Code of Civil Procedure §170.3(c)(4)

California Rules of Professional Conduct Rule

5-300

Guide to Judiciary Policy Vol.2 C, §620

California Code of Judicial Ethics, Canons 1-4

California Rules of Court Rule 8.54

California Rules of Court Rule 8.130

California Code of Civil Procedure §391

California Government Code §68150

California Government Code §68151(a)(3)

California Government Code §68152(g)(16)

California Government Code §6200 (willful

destroy, falsify and alter records-felony)

California Penal Code §115 (forged

instrument-felony)

California Penal Code §132 (offer false

document in any court proceeding)

California Penal Code §134 (offer false

writing)

California Penal Code §470 (forgery;

corruption of records)

California Penal Code §182 (conspiracy to

obstruct justice)

California Penal Code §278.5 (malicious

parental deprival)

California Penal Code §96.5 (Judicial officer

knowing perverts or obstructs justice)

18 USC §2071(b) (custodian of a record

willfully conceals, removes, mutilates, obliterates,

falsifies or destroys the record)

18 USC §1001 (judicial branch's false entries

to falsify, conceal or covers up a material fact)

18 USC §371 (conspiracy to commit offense or

to defraud U.S.)

10

STATEMENT OF THE CASE

This is a typical judiciary corruption case where

California judges and justices at Santa Clara

County Court, California Sixth District Court of

Appeal and California Supreme Court participated,

or tolerated to conceal their corruptions with the

leading attorney of the American Inns of Court,

James McManis, involved with countless violations

of due process in the past 8 years, numerous

incidents of violations of California Penal Code

§278.5 (malicious parental deprival), § 115, § 132,

§134, §470 (falsifying notices, records and dockets,

concealing filings), § 182, §96.5 (conspiracy for these

crimes, obstruction of justice, and unlawful acts)

and Government Code §6200. The fraudulent

dismissal of this appeal from vexatious litigant

orders reached to the climax.

On August 4, 2010, at a Case Management

Conference, without knowing the conspiracy,

Petitioner was shocked at suddenly lost her child

custody completely, against the expressed child

wishes (See, 18-569, App.65). The minor was also

shocked at losing her mother, as having been

threatened by the colluded social worker Misook Oh

4 days prior (See, 18-569) forcibly placed under the

sole custody of her identified abuser, her father and

suffered abuses to a cruel extent to almost die.

On 8/5/2010, without a hearing, Judge Davila

filed a supervised visitation order declaring

Petitioner to have "emotional abuse" and a sibling

separation order to separate the 5-year-old's

protective 16 year old brother from the minor.

These orders made without a hearing were

admitted to be products of ex parte communications

among Sussman, Judge Davila and Jill Sardeson as

11

admitted by Jill Sardeson (App.74) and David

Sussman (App.75)

On 8/20/2010, Petitioner retained McManis

Faulkner law firm to protect her and try to get her

child custody back. On the first day of hearing,

8/23/2010, however, Judge Edward Davila held an

in-chamber meeting with David Sussman, exhusband Wang's attorney and Michael Reedy,

directed Reedy to betray Petitioner and not to file a

motion to set aside child custody, that there would

be no review on the 8/4/2010's temporary parental

deprival with the intent to cause permanent

parental deprival, and not to defend Petitioner on

Sussman's motion for vexatious litigant. Reedy

chose to harbor the conspiracy and took no effort to

get Petitioner's child custody back during the entire

7 months' representation when McManis Faulkner

terminated the retaining relationship as Petitioner

could not afford the extra high evergreen retainer

of $50,000.

Petitioner invites the Court to read the

summary of the case declared by Ms. Fox in App.

101 through 119.

After Respondents terminated the contract,

Petitioner filed a motion to set aside the orders of

August 4 and 5 of 2010. It was granted on

7/22/2011 but delayed until 10/31/2011 then based

one ex parte communications, Judge Mary Ann

Grilli signed David Sussman's proposed order,

concealing the cause of granting set aside. The

motion was brought based on violation of

Constitution due process for lack of an evidentiary

hearing before parental deprival, and extrinsic

fraud—evidence of conspiracy among Judge Davila,

Sussman and Sara Scofield, supervisor of Jill

12

Sardeson. The Order granted set aside but

maintained the original parental deprival orders to

be in place pending an evidentiary hearing (App.72,

73), which constituted another violation of due

process--- parental deprival without a preceding

evidentiary hearing.

In 2011, Judge Theodore Zayner succeeded the

seat of Judge Edward Davila, who was nominated

to be a USDC judge in San Jose. On 10/31/2011,

Zayner cancelled the evidentiary hearing, let Judge

Grilli signed Sussman's order and continued

parental deprival with an excuse of requiring

custody evaluation, when at that time Petitioner

just got her court-ordered one-sided psychological

evaluation with very positive report released in

June 2011. Zayner disregarded Petitioner's

constant asking child custody return after setting

aside the original parental deprival orders of Judge

Davila, for each hearing in the ensuing 2 years and

eventually set for trial in front of Judge Patricia

Lucas.

Judge Lucas, after hearing expert testimonies,

apologized to Petitioner about 3 times for the

parental deprival and promised on the record that

the order would never be the same, yet changed

attitude drastically the ensuing date, blocking

witness examination, dispose trial evidence

containing photos and medical records for child

injuries before her orders were issued. Judge

Lucas's 11/4/2013's Order appeared to be written by

McManis Faulkner law firm as it contained 5 pages

of recital of facts not presented at trial and

protected Edward Davila based on facts not shown

in the trial. Petitioner immediately appealed. Yet,

the court reporter delayed 6 months in generating

13

July 11, 2013's transcript and failed not deny

Petitioner's accusation the reporter was coerced

and threatened. 7/11/2013 was the date when

Judge Lucas apologized three times on the record.

The reporter was coerced in deletion such apologies

from the transcripts and the court instructed the

reporter not to file her trial transcripts with the

Sixth District. The transcripts have been still

sitting at the reporter's home for already 4 years.

The court fraudulently dismissed the child custody

appeal on 5/10/2018 when no records on appeal

were filed yet.

As mentioned above, Judge Carol Overton

dismissed the case based on her own motion in

February 2014 without disclosing her conflicts of

interest. In investigating this irregularity,

Petitioner discovered that Santa Clara County

court was a client of McManis Faulkner. She filed

another lawsuit at the USDC in San Jose and was

again dismissed by Judge Lucy H. Koh without

disclosing her conflicts of interest which was

appealed to this court in Petition 17-256.

Thus, Petitioner could not but return to the

State court seeking relief. Overton granted

Petitioner's motion to vacate her dismissal order

based on violation of due process.

At that time, Petitioner had pending Petition 141912 with this Court and asked for emergency

relief when the state courts knowingly disregarded

the very endangering mental disease of Wang that

Petitioner obtain subpoenaed discovery from

CIGNA Health Insurance Company and sought to

get her child custody back to immediate protect the

safety of the minor.

14

Then, for each Case Management Conference,

Petitioner asked to change court as there was direct

conflicts of interest of attorney-client relationship

as was posted by Respondent McManis Faulkner's

website that Santa Clara County Court was its

representative client. Yet Judge Folan disregarded.

Then, Respondents aggressively proceeded with a

motion (1) declare Petitioner as a vexatious litigant,

(2) seek prefihing order, (3) seek security order. Yet

there was no evidence submitted to the court other

than docket sheets and their speculation about

adverse judgments on at least two settled cases.

They alleged 5 adverse judgments out of the 7 years

when 2 of the alleged adverse litigations were

derived from the child custody appeal

Judge Maureen Folan made a finding that

Respondents' motion has insufficient arguments

and evidence (App.55), that Petitioner successfully

argued that Respondents proffered 5 adverse

litigations in the preceding 7 years, were not

satisfied (App.44-48). Yet, Judge Folan still

declared Petitioner as a vexatious litigant by

creating a new argument beyond the scope of the

motion, that all appeals/writs denials arising from

the family case were considered to be separate

"proceedings" and added them up to 10 adverse

litigations. The other requests were denied. No

where in the court's order mentioned a prefiling

order. The court filed the order at 10:58 a.m. on

6/16/2015.

On 6/24/2015, this order was attached to

Wang's response to Petitioner's motion to reopen

discovery (which actually is presumed reopened by

Family Code §216, yet the court has blocked

Petitioner from deposing Wang after 2010.) The

15

vexatious litigant order was immediately used for

the court to cancel family court hearings, requiring

Petitioner to seek permission from the Presiding

Judge who is Patricia Lucas, to file a motion at her

family court proceeding, and thus effectively

blocked Petitioner from vacating the parental

deprival orders and child support orders where

frauds of Wang was alleged.

On or about 6/25/2015, Petitioner received a

prefiling order which bore an envelop showing

6/18/2015. It was not entered into the civil case

docket until 2 years later, in or about August 2017,

which was likely being done by Judge Zayner as he

grabbed the trial court's files into his chamber

about this civil case and took away the original

deposition transcripts of James McManis and

Michael Reedy and had not returned to the court.

On 7/17/2017, the Record Unit Supervisor Eric

Rivas confirmed Volume 5 was lost (App.202),

which is a volume about court files related to the

vexatious litigant motion.

It is a logical inference that the prefiling

order was not in existence when Wang attached the

order on decision of Respondents' motion for

vexatious litigant, to his declaration and thus the

prefiling order was generated after Wang signed

his declaration. He signed on 6/23/2015 and filed it

on 6/24/2015.

Petitioner filed a motion to clarify the

veracity of the prefiling order and reconsider the

6/16/2015's order as it was beyond the scope of the

motion, a new issue not raised by Respondents, but

by the court suasponte which violated due process,

including a request to change court based on the

16

court's being a client of McManis Faulkner. Judge

Folan again denied.

Petitioner filed appeal on 6/25/2015. Less

than a month later, evidence of judiciary

corruptions surfaced by admission of James

McManis and Michael Reedy, as discussed below.

Just like in 11040395/18-569, the trial court delayed

preparing the records on appeal for 2 years, until

after they received Petitioner's Petition No. 17-82

that was filed with this Court, exposing the gross

miscarriage of justice that Respondent McManis

obtained from his own client court the vexatious

litigant orderto illegally block Petitioner from filing

any motion at her divorce case existing since 2005,

to ensure "permanent" parental deprival extending

from the August 4, 2010's Order of Judge Edward

Davila, Justice Mary J. Greenwood's husband. To

reverse the fraudulently obtained prefihing order

will cause Petitioner to be able to overturn the

permanent parental deprival, especially when her

ex-husband was discovered in September 15, 2014

that he had concealed his dangerous mental illness

which should have caused immediate child custody

change..

17-613 was based on the Sixth District's denial of

reversal of the vexatious litigant order, failed to

disclose conflicts of interest, and failed to change

venues of both trial and appellate court, based on

the notorious March 14, 2016's fraudulent

dismissal of the custody appeal and the

"shenanigans" developed since February 2017. The

3/14/2016's illegal dismissal of the custody appeal

was declared by Ms. Fox as sufficient to cause the

public view of existence of conspiracy among the

1V1

Presiding Judge of the Sixth District, James

McManis's law firm, and R. Delgado at the Santa

Clara County Court. (App. 114)

Mary J. Greenwood succeeded Judge Rushing as

the new Presiding Judge who dismissed 4 appeals

within 2 months. Petitioner later investigated and

discovered that Greenwood's husband is Judge

Edward Davila, but she failed to disclose the

conflicts of interest.

I.

FRAUDULENT DISMISSAL OF THIS

APPEAL

After more than 2 years' delay, on 12/21/2017, the

records of appeal were prepared with false

certification about completion of the records. The

certification of completion was false as the

Appellate Unit was fully aware of the fact exposed

on 7/17/2017 that the records were impossible to be

complete as Judge Theodore Zayner illegally

grabbed the case files into his chamber and "lost"

Volume 5 (App.202), the volume that includes

Plaintiffs motions challenging the vexatious

litigant orders.

6 essential pleadings were not in the Records on

Appeal. Notably, including even the Notice of

Appeal which was not among the lost Vol.5. They

are:

SHAO's Date of

Document

Significance

Design

Filing

name

to this

ation

appeal

Records

No.

23

7/1/2015

"Declaration

of Yi Tai

Shao for the

Motion to

This

contains all

material

evidence for

Reconsider

or Clarify

Order re

Motion to

Declare

Linda Shao

Vexatious

Litigant

Filed on

June 16,

2015 at 3:04

p.m., filed by

Plaintiff

24

7/1/2015

"Memorandu

m of Points

and

Authorities

for the

Motion to

Reconsider

or Clarify

Order re

Motion to

Declare

Linda Shao

Vexatious

Litigant

Filed on

June 16,

2015 at 3:04

p.m., filed by

Plaintiff'

this appeal

to support

SHAO's

argument

that the

prefihing

order was

fraudulently

made in

violation of

due process.

Thus, this is

one of the

core

documents

for appeal.

This

contains the

main

arguments

of the issues

that the

prefiling

order was

fraudulently

made in

violation of

due process.

Thus, this is

one of the

core

documents

for appeal.

WE

25

7/1/2015

45

9/2/2015

47

12/2/201

5

"Notice of

Motion to

Reconsider

or Clarify

Order re

Motion to

Declare

Linda Shao

Vexatious

Litigant

Filed on

June 16,

2015 at 3:04

p.m., filed by

Plaintiff'

Tentative

Decision for

Defendants'

Renewed

Motion to

Require

Plaintifff to

Furnish a

Security"

and the

entire

motion

Judge

Socrates

Manoukian's

Order to

strike and

recusal

This

provides

summary of

the contents

of why the

prefiling

vexatious

litigant

order was

irregularly

made.

This may

show the

difference of

the

tentative

decision and

the order.

This is very

significant

to prove

SHAO's

argument of

fraud and

conflicts of

interest that

20

48

6/25/201

5

Notice of

Appeal

have been

involved in

Santa Clara

County

Court's

proceeding.

It is

significant

to prove

existence of

conflicts of

interest and

to prove the

fraud of

Santa Clara

County

Court in

alteration of

docket in

violation of

Government

Code

Sections

68050 et

seq.

There is no

more

significant

for an

appeal than

to have this

Notice of

Appeal to be

included. It

contains the

21

subjects for

this appeal.

L

On July 2, 2018, SHAO filed the "OBJECTION TO

FALSE DOCKET ENTRY OF JUNE 15, 2018 and

INSUFFICIENT RECORDS ON APPEAL AND

REQUEST INVESTIGATION ON THE FRAUD

AND TO STRIKE BOTH THE FALSE DOCKET

ENTRY OF JUNE 15, 2018 AS WELL AS TO

STRIKE THE FALSE CERTIFICATE OF

COMPLETION; MOTION TO BE RELIEVED

FROM DEFAULT; MOTION TO AUGMENT

RECORDS; MOTION TO STAY THIS

APPELLATE PROCEEDING" [hereinafter

"Objections/motions"] as well as a "MOTION FOR

JUDICIAL NOTICE IN SUPPORT OF OPENING

BRIEF AND "OBJECTION TO FALSE DOCKET

ENTRY ON JUNE 15, 2018 and GROSSLY

INSUFFICIENT RECORDS ON APPEAL AND

REQUEST INVESTIGATION ON THE FRAUD

AND TO STRIKE BOTH THE FALSE DOCKET

ENTRY OF JUNE 15, 2018 AS WELL AS TO

STRIKE THE FALSE CERTIFICATE OF

COMPLETION; MOTION TO BE RELIEVED

FROM DEFAULT; MOTION TO AUGMENT

RECORDS;MOTION TO STAY THIS APPELLATE

PROCEEDING".

On July 2, 2018, after filing, SHAO checked with

deputy clerk Beth Miller whether SHAO should

hold filing Opening Brief until resolution of her

motions, even though she had filed the motion for

judicial notice in support of the Opening Brief. Ms.

Miller instructed SHAO to hold filing the Opening

Brief until after decision on the

"Objections/Motions." SHAO asked to give her a

few days' notice to allow her to file the Opening

22

Brief if the Objections/motions were denied. Ms.

Miller responded "absolutely."

On July 3, 2018 at 3:34 p.m., SHAO received email

notice from truefiling.com that this court accepted

SHAO's two pleadings for filing. (App.20)SHAO

reasonably believes that email at 334 p.m. of

7/3/2018 being the confirmation of Ms. Miller's

promise and instruction made on 7/2/2018.

According to Rule 8.54, Respondents have 15 days

to file opposition. If they did not oppose, the court

may issue an order after 15 days. The Respondents'

counsel had filed an opposition to SHAO's motion

on October 3, 2016. (App.64)

SHAO checked on the docket on or about July 5 or

July 6, 2018 and did not see any additional new

entries. On July 13, 2018, SHAO saw on the

docket that the appeal was dismissed on July 10,

2018 (App.25) and there were two July 3, 2018's

Orders (App.22,23)

SHAO called the Clerk's Office, Scott informed

SHAO that the court always keep the record of

which clerk makes any entry on a docket. SHAO

called Beth Miller asking for evidence that she

made the entry on the docket on July 3, 2018 for

the two orders, especially on the order that

contains a new due date for the Opening

Brief SHAO also asked Ms. Miller to forward to

SHAO the emails Miller said she sent to

aomey1indashaogmai1.com regarding notices of

the court's orders of July 3, 2018.

On July 17, 2018, instead of sending SHAO the

proof of entering into the docket of the July 3,

2018's orders, Ms. Miller sent SHAO a proof of eservice of July 3, 2018. (App.26, 27, 31) The proof

of service proved that 13 minutes before Ms. Miller

23

sent SHAO the notice of acceptance of filing of the

objections/motions via the registered email on

efiling, i.e., attorneyshao@aol.com, Justice Ella had

already issued an order and that order was emailed

to SHAO's extinct email,

aUomey1indashao(gmai1.com, which was an email

that Ms. Miller was informed as early as on

3/27/2018 that SHAO could not have access to and

must open a new account with the Truefihing.com.

(App .89)

The only email that was registered with the

Truefiling.com by SHAO has been

attorneyshao@aol.com since 3/22/2018. (App .86&9 1)

There were many communications with Ms. Miller

via attomeyshao(aol.com. E.g., see an email of

4/25/2018 in App.90.

SHAO then sent an email in response to Ms. Miller

at 5:14 p.m. of 7/17/2018 (App.30):

"Dear Ms. Miller

Are you sure your proof of service under penalty of

perjury is accurate? 13 minutes after you said you

sent Justice Elia's orders to my old email of

attorneylindashao@gmail.com, you sent out a notice

of acceptance of filing of the same motions that

Justice Elia denied to attorneyshao@aol.com.

What made you to change mind to switch emails

within 13 mintues? To sendout Justice Elia's orders

to attorneylindashao@gmail.com at 3:21 p.m. of

July3, 2018 but send out acceptance of the motions

at 3:34 p.m. to this email--attorneyshao@aol.com?

Is there anyone directing you to conceal Justice

Elia's orders away frommy notice? As you may see

the First Amended Complaints you accepted

service on behalf of the court and the Justices, such

false notice sconstitute felonies. If you could inform

me who instructed you toconceal notice away from

me, I will not sue you."

Not hearing a response, SHAO sent a second

email on Jul 18, 2018 at 12:06 pm (App.29):

"Dear Ms. Miller:

I have not heard any response from you regarding

the forwarded email. If by 1 p.m. I have notheard

any explanation from you on what made you to sent

to two different email addresses in13 minutes on

July 3, 2018, I will presume that someone from the

court instructed you toconceal the orders of July 3,

2018 and July 10, 2018 from my knowledge by

sending to adifferent email address of

attorneylindashao@gmail.com (which I informed

you that I had noaccess to).

Do you have any proof that you entered the docket

on July 3, 2018?"

Ms. Miller failed to explain or deny.

On 7/19/2018, SHAO filed a motion to vacate

dismissal, reciting this extrinsic fraud.

On 7/30/2018, at 10:31 a.m., SHAO received a

notice that her motion to vacate dismissal was

accepted for filing. (App.33) 5 minutes later, SHAO

received a notice Justice Ella's order to deny, again,

in violation of Rule 8.54(b)(1). (App.34)

SHAO filed a Petition for Review along with a

conspicuous request to recuse Chief Justice Cantil

Sakauye. On 9/12/2018, the Petition for Review

was denied, but there was no decision on SHAO's

Request for Recusal.

The court's issuing notice of acceptance of filing,

without informing the 7/3/2018 orders, with an

instruction to hold filing of Opening Brief awaiting

the Court's ruling on the issues of insufficient

records misled SHAO into believing the court would

25

be issuing an order 15 days later, if no opposition

pursuant to Rule 8.54(b)(1).

Throughout history of this appeal, no motion was

decided by this court within a day, as this July 3,

2018's Order, before the opposing counsel

responded and before the court accepted for filing.

July 3, 2018 was the day that, 4 Justices and

the Sixth District were served with Summons in

the case of Shao v. Roberts, et al. pending with

USDC in D.C. with the case number of 1:18-cv01233.

There is no reason for Ms.Millerto suddenly use the

old email address of attomey1indashao(gmai1.com to

issue the orders to rule on the two pleadings on the

same date before it notified acceptance of the same

pleadings with the registered email of

attorneyshao@aol.com.

The same scheme of concealing notice from SHAO

by sending to the extinct email of

attomevlindashao(ZIgmail.com also took place in the

court's dismissing H040395's child custody appeal

on 5/10/2018. The child custody appeal was thus

silently dismissed in violation of Rule 8.57

(required a motion and a notice before records on

appeal is prepared) where for about 4 years, Santa

Clara County Court did not even prepare a record

on appeal. See 18-569.

II.

THE DISMISSAL STYMIED EXPOSURE

OF RESPONDENT JAME MCMANIS'S

ILLEGALGIFTS TO THE JUDGES AND

COURT STAFFS

Respondent James McManisadmitted in his

deposition on July 20, 2015, one month after

issuance of the vexatious litigant orders, that he

26

provided free (App.192) legal services to about 25

judges, courtroom clerks, court reporters and

bailiffs at Santa Clara County Court(App.194), an

unidentified Justice at the Sixth

District(App.195)an unidentified Justice at the

Supreme Court (App.194) on their "personal affairs"

(App.192).

In the transcript in Page 46, Lines311 (App.192)

read:

Q. Did you represent these judges on their personal

affairs?

MS. EVERSON: Objection. Vague and ambiguous.

THE WITNESS: I think that's a good description.

MS. SHAO: Q: So you agree.

A. Yes.

He readmitted on P. 110, Lines 2-7 (App.192):

It

Q. was pro bono?

A. Yes.

Q: How many pro bono works you did for the

judges?

A. Idon't know.

Q. Those were all about personal affairs?

A. Yes.

From Page 119, Lines 10 through Page 120, Line 25

(App.193), Mr. McManis admitted:

Q. For the clerks and the judges that you were

representing in the past years in Santa Clara

County, did you communicate with them by way of

fax or email?

A. No.

Q. Letters?

A. No.

Q. Everybody verbal?

A. Yes.

27

Q. How many people were associated with the court

that hired you or had been your clients?

A. I don't know.

Q. Can I get a best estimate; more than 25, more

than 50 or something like that?

A. I would be very surprised if more than 50.

Might have been 25, more or less. I just don't know.

Most importantly, McManisadmitted having

represented Santa Clara County Court for an

unidentified matter. From Page 42, Line 15-24

(App. 192), the transcript reads:

Q. How many judges that your firm represented the

Santa Clara County Superior Court?

A. I don't recall.

Q. What kind of matter that you represented these

judges?

A. I don't recall.

Q. Were you personally involved with the

representation of Santa Clara County Superior

Court?

MS. EVERSON: Objection. Lacks foundation.

THE WITNESS: I can recalling one instance in

which I was.

As shown in the transcript at P.118, Lines 2-8

(App. 193), McManis's admission of "strict verbal"

communications with the judges suggests the

knowledge of impropriety involved in giving and

accepting free gifts of legal services:

"But conversations with the judges, it would be

strictly verbal. I can't think of anything in writing

that was ever exchanged with people. I might have

looked at some papers."

A.

THIS CASE NAME HAS BEEN ALTERED

BY ALL APPELLATE LEVELS TO

CONCEALTHE NAME OF JAMES MCMAMS

The Sixth District and California Supreme Court

concealed the name of Jams McManis by altering

the case name to be only Linda Shao v. McManis

Faulkner, LLP, the same happened to this Court on

10/25/2018, shortly following the docketing of 17613, Jeff Atkins walked to the deputy clerk

directing him not to include the names of James

McManis and Michael Reedy in docketing the

petition regarding Petitions derived from Shao v.

McManis Faulkner, LLP, James McManis, Michael

Reedy. This proved existence of ex parte

communications between James McManis's law

firm and the courts.

B. EX PARTE CONTACTS THROUGH THE

AMERICAN INNS OF COURT

On 7/22/2015, Michael Reedy admitted to his

regular social relationship with about 30

judges/justice through the Ingram Inn and

admitted that the key judges who blocked

Petitioner's child custody return were the members,

including Judge Patricia Lucas, Judge Theodore

Zayner, Justice Patricia Bamattre-Manoukian for

10+ years. There were totally 100-110 members

including about 30 judges/justices and 60-70

attorneys. The attorneys sponsored all

expenses.They have email address of these judge

members, who lead the pupilage groups playing

privately with the attorneys and enjoy free meals

and awards. The membership is confidential and

the contacts are ex parte and private, in violation of

Rule 5-300.

Judge Carol Overton who dismissed the civil case

in February 2014 on her own motion is also a

member of this Ingram Inn for 10+ year.

29

After Judge Overton's dismissal, Petitioner

discovered that the website of McManis Faulkner,

LLP enlisted Santa Clara County Court as a

"representative client" of the law firm and thus file

a complaint with the federal court, which was,

however dismissed by Judge Lucy H. Kohwithout

disclosing her close relationship with James

McManis and Michael Reedy through being

Executive Committee membership at the Ingram

Inn and being a Master atS.F. Bay IP Inn. (Petition

No. 17256).

James McManis further influenced the federal

court. Judge J. Clifford Wallace,is the founder of

the American Inns of Court and a prior Presiding

Judge at the Ninth Circuit. When Petitioner filed a

28 USC §455 motion to disqualify the Ninth Circuit,

Judge Wallace promptly appeared as the panel

leader and denied the appeal without mentioning

the name of James McManis, with only 4 pages'

opinion omitting all issues for appeal. Petitioner

filed the Petition for Writ of Certiorai with this

Court but was returned.

The irregularities also boarded this Court,

including:

1. Irregular intervention of Jordan Bickel

beyond his authority to bring Donald

Baker to deny and conceal the filing of

Amicus Curiae motion of Mothers of Lost

Children in September 2017 in 1782,

delayed filing and delayed docketing the

same motion in 17-613. The docket of 1782 never showed the filing of the amicus

curiae motion, neither were the unfiled 40

copies of the motion being returned.

30

Clearly to cover up this irregularity,

Bickel made a "whirlwind" change of

personnel to replace a normal clerk

working on Amicus Curiae with Donald

Baker.

Unlawful alterations of the docket entries

of 17-613, including but not limited to

trying to defile the amicus curiae motion

on 12/9/2018, about 2 weeks after receipt.

Refused to e-file any exhibits that were

attached to Petitioner's three Requests for

Recusal filed in 17-256 and 17-613, while

such irregularity appeared to allow both

McManis Faulkner and American Inns of

Court to purge material evidence

contained therein. In or about late

January 2018, McManis Faulknerdeleted

from its website the news release about

McManis's leading role at the American

Inns of Court and his close relationship

with Chief Judge John G. Roberts.

(App. 173).

In November 2018, this Court refused to

file the 4thRequest for Recusal in 18-344

and returned it. (App.190) This Court did

not return the 5thRequest for Recusal for

18-569, but concealed it from entering into

the docket. See a copy of both notarized

Request for Recusal at ECF#142 in 1:18cv-01233-RC, for a copy of both Requests

for Recusal.

The American Inns of Courthas lost its professional

bar status about 12 years ago since the

membership for all chapters except 1 became

confidential and not available to the public.

31

Being a private club with confidential membership

for all chapters except one but misused the judicial

site of the US Supreme Court and the Justices to

conduct its annual conferences, American Inns of

Court has formed a large gang throughout the U.S.

by rich attorney-members who hold special favors

of the member judges by donating gifts, directly or

indirectly, to the judge-members and their clerks

who have the power to make recommendations of

the court's orders and appear in front of them. The

function in essence is to provide ex parte

communication platforms throughout the U.S. The

AIC publicized the video soliciting membership

called "American Inns of Court Member Services"

by using Attorney Emmanuel Sanchez stating:

"This is the only organization that I know that the

lawyers and judges belong to the trial bar have a

chance to meet outside of the courtroom in a social

setting and really able to establish the rapport."

Simultaneously with McManis Faulkner's

purging evidence of his relationship with Chief

Justice John G. Roberts from the internet, the

American Inns of Court also deleted Attorney

Sanchez's video from the YouTube. This video was

put back within days after Petitioner criticized this

spoliation of evidence in her Renewed Request for

Recusal in 17-613.

James McManis's social status was lifted by

being a major donor of the AIC, including becoming

the attorney representing Santa Clara County

Court and Santa Clara County Bar Association.

Judge Edward Davila was a prior President of the

bar association. This organization sponsored many

judicial seats. The influence of James McManisis

pervasive including up to this Court with the

32

irregularities mentioned above. This court clerks'

repeated alteration of docket and refusing to docket

receipt of motions actually violated the felonies of

18 USC2071(b), 18 USC1001 and 18 USC

§371(App.17-18).

Almost all Justices of the US Supreme Court have

sponsored their clerks to solicit huge amount of

gifts without disclosing their value from the

American Inns of Court annually since 1996

through its Temple Bar Scholarship. As the

scholarship is based on factors of judicial status, it

is not qualified to be exempted from being a gift

under §620.25(g) of the Guide to Judiciary Policy

Vol.2C. Thus, the maximum value of the gift

should be under $50 or not more than $100 a year,

yet the gifts involved are estimated to be $7,000 a

person, without knowing how much the "stipend" is

as no one recipient ever disclosed the dollar amount

of the gift. Besides, Chief Justice Roberts was

given two honors that his name is attached to this

Inns of Court. Retired Justice Kennedy and Justice

Ginsburg had two chapters established under their

names. These Inns were all supported by attorneys

who would have the chance to appear or have

appeared in front of the sponsoring Justices.

Special Master quasi-employment

relationship

James McManis further served as a Special Master

at the Santa Clara County Court and US District

Court in California. It is a logical inference that

the courts is unlikely to accuse its perennial Special

Master be able to committed legal malpractice.

Both experts perceived the public view of

conflicts of interest

33

Attorney Meera Fox reviewed the evidence and

wrote a declaration to support change venues of

child support appeal away from California Sixth

Appellate District Court of Appeal which was filed

with the Sixth Appellate Court in H039823 on April

27, 2017. Her declaration (App.101-34) as well as

the admission of James McManis (App.191-96)

contained in his deposition transcripts were taken

judicial notice twice of by California Supreme Court

twice in S242575 on 7/25/2017 (17-613) and

S249444 on 7/25/2018 (18-569).

Respondents' expert, Carrol Collins, III also

admitted to the public view of attorney-client

relationship between McManis Faulkner law firm

and Santa Clara County Court. (App.197-200)

REASONS FOR GRANTING CERTIORARI: RULE

10(B) AND (C)

I. WRIT SHOULD BE ISSUED FOR THE

REPEATED EGREGIOUS COURT CRIMES

THAT SEVERELY PREJUDICED

SIGNIFICANT CIVIL RIGHTS OF LIBERTY,

HUMAN DIGNITY, FUNDAMENTAL

RIGHT TO APPEAL AND HAVE

REASONABLE ACCESS TO THE COURT.

An independent and honorable judiciary is

indispensable to justice in our society. This appeal

touches the issue of disruption of integrity and

independence of the judiciary system and the

fundamental fairness embedded in this civilized

judicial system that the US Supreme Court should

issue a writ.

The loathsome and dishonorable court crimes

jointly tolerated and harbored by California

Supreme Court, all for one objective—to suppress

their receiving gifts from James McManisdirectly

34

or indirectly and to help their financial supporters

out of mud, in sacrifice of the tremendous prejudice

that SHAD has suffered for eight years:

lost of reputation by the nature of the

vexatious litigant orders as a famous Chinese

American Attorney who was voted as top one

attorney in the U.S. by the Chinese21.com in 2009,

unfair oppression of her Constitutional

'substantive due process right of liberty in being

robbed away her child custody for already more

than 8 years by judiciary corruption, where her

then 5 years old and now 13 years old's daughter

has been placed in the sole custody of a dangerous

mental illness father who had record of attempting

to kill her for more than 8 years.

severe infringing SHAO's fundamental right to

appeal and to have reasonable access to the court.

A.

ADMISSION OF COURTS CRIMES OF

CONCEALING NOTICE OF DUE DATE OF

APPEAL BY THE DEPUTY CLERK'S FAILURE

TO DENY OR EXPLAIN

A. IN UNITED STATES V. LILLEY, 581 F.2D

182

(8th Cir. 1978), the Court held that "It is well

established that, as a general rule, when an

accusatory statement is made in the defendant's

presence and hearing, and he understands it and

has an opportunity to deny it, the statement and

his failure to deny it are admissible against him.

SeeUnited States v. Ojala, 544 F.2d 940, 946 (8th

Cir. 1976); United States v. Moore, 522 F.2d

1068 (9th Cir.), Cert. denied, 423 U.S. 1049, 96 S.

Ct. 775, 46 L. Ed. 2d 637 (1976). The context of

SHAO's statement to Ms.Miller is qualified as an

35

accusatory statement and Ms. Miller was unable to

explain nor deny why she was switching emails

within 13 minutes, other than that the court

instructed her to conceal from SHAO's notice by

inducing SHAO to reasonably anticipate an Order

may be made regarding the issues of insufficient

records on appeal when Ms. Miller instructed

SHAO to wait for the court's ruling before filing

Opening Brief, when Rule 8.54(b)(1) requires

minimum 15 days for the court to issue an order,

and when the opposing party might file an

opposition; where Ms. Miller concealed the 7/3/3018

from showing on the docket until dismissal and

further delay posting dismissal until after

7111/2018—SHAO saw the entry only on 7/13/2018.

Thus, according to the well-settled rule of adverse

inference, Ms. Miller has admitted existence of

malice, existence of conspiracy to dismiss this

appeal, which is consistent with the pattern of

dismissal by the new Presiding Justice Mary J.

Greenwood, apparently to suppress all judiciary

corruptions developed from her husband, Edward

Davila.

This malice and forgery (includes concealment) of

notices constitutes malicious violation of California

crimes for concealing notices in California

Government Code §6200, California Penal

Code115, §132, §134, §470 (App.15), conspiracy in

§182, knowing perverting or obstructing justice in

§96.5, and conspiracy to permanent parental

deprival of lawful child custody in §278.5.

B. B. SIGNIFICANT CONSTITUTIONA

GUARANTEED RIGHTS ARE INFRINGED

WITH HISTORICAL CONSPIRACY OF CHILD

36

ABDUCTION BY THE JUDGES IN

HARBORING THEIR CORRUPTIONS

The U.S. Constitution protects an individual's right

"to petition the government for a redress of

grievances." US Const.Amend I. The Fist

Amendment right to petition includes the right to

have access to the court. Borough of Duryea v.

Guarn1eri 564 US 379, 387, 131 S.Ct. 2488, 2494

(2011). Structural error includes deterrence of

right to appeal. See, Locada v. Deeds (1991) 498

US 430, overruled on other grounds by Roe v.

Flores Ortega (2000) 528 US 470.

In Robinson v. Robinson, 2017-Ohio-450 (Coiurt

of Appeals of Ohio, Fourth Appellate District,

Meigs County, released on 1/31/2017), the court

held that the right to access the court for divorce

proceedings was a substantive right that the

United States Constitution entitled a person to

enforce or protect.

What are affected here are not mere right to

appeal, right to access the court, but also

substantive due process right to liberty and the

systematic plan to harm Petitioner's reputation. It

is a rare judiciary child abduction case that has

unlawfully deprived Petitioner of child custody for

more than 8 years!

The admission constitutes a court crime of

violation of California Penal Code § 96.5, which is

the same as 18 USC §371. This is a case where

Justice Elia, under the direction of Judge Edward

Davila's wife, directing the deputy clerk Ms. Miller

to fraudulently induce Petitioner not to file her

Opening Brief and to effect a silent dismissal,

knowing the Chief Justice of California Supreme

37

Court would harbor this crime. Evidence of lost of

public's confidence is in App. 177- 178.

II.

THE SIXTH DISTRICT LACKS

JURISDICTION TO ISSUE THE RULE

8.122DISMISSAL SANCTION WHEN THE

DISMISSAL WAS FRAUDULENTLY PLAYED BY

THE COURTITSELF

Rule 8.122 is to sanction for failure to

prosecute appeal. There is no indication of

SHAO's abandoning this appeal that could cause

such a drastic sanction. In fact, as shown in one of

the July 3, 2018's Order, the court has accepted for

filing of SHAO's motion for judicial notice in

support of the Opening Brief, which is part of the

Opening Brief. (App.22) The order states:

"Appellant's request for judicial notice in support of

opening brief is deferred for consideration with

the appeal." The second order of July 3, 2018 did

not mention the "request for judicial notice in

support of opening brief."

SHAO would have filed her Opening Brief but

for Ms. Miller's instruction to wait and promise to

give time.

In secretly granting continuance of filing Opening

Brief until July 9, 2018, Justice Ella acknowledged

SHAO had good cause to delay filing SHAO's

Opening Brief, i.e., 6 material court documents

were not included in the records on appeal. The

records were all about the argument that the

prefiling vexatious litigant was fraudulently

antedated as the filing date of 6/16/2015 when it

was impossible to be in existence at that time, as (1)

the prefihing order was not referenced in Judge

Maureen Folan's statement of decision, (2) not

shown in Tsan-Kuen Wang's declaration filed with

..

the family case on 6/24/2015, (3) the prefiling order

was not entered into the court's docket until August

2017, and (4) it was received with post mark date of

6/18/2015. These arguments were contained in the

missing records for appeal. The Notice of Appeal

which is not in Volume 5 includes a copy of the

envelop showing it was not 6/16/2015.

ORDERS VIOLATING RULE 8.54(B)(1)

SHOULD BE HELD TO BE VOID

For this case alone, Justice Elia issued three

orders in violation of Rule 8.54(b)(1). A writ should

be issued to invalidate any orders issued in

violation of Rule 8.54(b)(1). There is no decision on

this. In People v. Zarazua, 179 Ca1.App.4th 1054,

1064 (2009), the court distinguished an application

from a motion and specifically considers requests

filed to dismiss an appeal (Rule 8.57), to augment

or correct an appellate record (Rue 8.155), to obtain

calendar preference (Rule 8.240) and for judicial

notice (Rule 8.252) to be classified as motions and

stated that "we should have waited until 15 days

after the motion was filed" but denied the appeal

because of lack of prejudice.

Here, the prejudice is significant as it was the

court's crime to pervert the justice to obstruct and

defraud Petitioner from filing her Opening Brief.

TO FILE AN APPEAL WITHOUT

SUFFICIENT RECORDS ON APPEAL VIOLATES

DUE PROCESS

Petitioner was hesitate to file her Opening

Brief due to lack of sufficient records. California

Supreme Court limits appellate arguments of facts

and laws to be the records on appeal. E.g., People v.

Seumanu (2015) 61 Cal.4th 1293; People v. Waidla

(2000) 22 Cal.4th 690, 703, fn.1. California

39

Supreme Court has held that the due process and

equal protection clause of the Fourteenth

Amendment of the Constitution requires the states

to provide sufficient records for adequate and

efficient review and points to be argued. E.g.,

People v. Rogers (2006) 39 Ca1.4th 826, 857-58.

Here, all records that contain evidence of the

fraud of the prefiling vexatious litigant order are

omitted from the records on appeal including

Designation of Records #23, 24, 25, and 48. Thus,

Judge Elia's July 3, 2018's order should be void for

violation of due process.

V.

PREJUDICE TO PETITIONER FOR

STALLING APPEAL IS SIGNIFICANT BECAUSE

BOTH VEXATIOUS LITIGANT ORDERS SHOULD

HAVE BEEN INVALIDATED IF THERE WERE A

FAIR AND IMPARTIAL TRIBUNAL AS A

MATTER OF LAW.

The 6/16/2015's order should be void as

Judge Maureen Folan'ssuasponte adding up losing

writs and appeals from the family case to be 10

when Petitioner was not allowed to present

evidence and time to offer argument on that issue,

constitutes a violation of due process, according to

Cohen v. Huges Markets, Inc. (1995) 36 Cal.App.4th

1693 and In re Marriage of Straczynski (2010) 189

Ca1.App.4t11 531.

In addition, Morton v. Wagner (2007) 156

Cal.AppAth 963, 968 held that the vexatious

litigant prefiling is void as a matter of law for lack

of a statement of decision. No where in the

6/16/2015's statement for order mention the

prefiling order. Thus, the prefiling order is void

pursuant to Morton.

VI.

LACK OF QUALIFIED JUSTICE AND

IMPARTIAL COURT

This Court has held that appearance of bias

and prejudice or constitutional potential for bias is

the standard without requiring actual prejudice to

disqualify a judge. E.g., Williams v. Pennsylvania,

136 S.Ct. 1899, 1903 & 1905 (2016) A bias

decisionmaker is constitutionally unacceptable and

"our system of law has always endeavored to

prevent even the probability of unfairness."

Winthrow v. Larkin, 421 U.S. 35, 47, 95 S.Ct. 1456,

1464 (1975)

A. SANTA CLARA COUNTY COURT MUST BE

CHANGED VENUE

McManis Faulkner's association with the

judges on this case create an appearance of bias

that is unusual.

First, McManis Faulkner has acted as

attorneys for the judges of the Santa Clara County

Court, a justice at the Sixth District and a justice

at the Supreme Court.

James McManis has admitted in his deposition that

he personally represented Santa Clara County

Court (App.191). Meera Fox attested to it.

Respondents' expert witness Carrol Collins III

admitted to the public appearance that Santa Clara

County Court itself is the client of Respondent

McManis Faulkner. (App.199)

The courts have held that where a judge has been

represented by attorneys or law firms appearing

before the judge, there is an appearance of bias

unless other facts dispel that appearance. Smith v.

SikorskyAircraft(C.D. Cal. 1976) 420 F. Supp.661,

662; Powell v. Anderson (Mm. 2003) 660 N.W.2d

107, 116-119.

41

Second, James McManis directly provided

gifts to the judges by his free legal service and

McManis Faulkner indirectly provided gifts to the

court by way of financially support of the Ingram

Inn and S.F.Bay IP Inn. The Ingram Inn sponsors

dinners and other events that are primarily paid

for by the participating attorneys. This gives the

member attorneys unique access to judges under

circumstances that the judges are receiving a

monetary benefit from their association with the

Inn. Such gifts provision violates Rule 5-300 of

California Rules of Professional Conduct.

Social association presents potential conflicts

of interest. In Inquiry Concerning Harris (2005) 49

Ca1.4th CJP Supp.61, the court considered the

failure to disclose a social relationship he had with

an attorney appearing before him as a "prejudicial

conduct." In State v. Putnam (1996) 164 Vt. 558,

the Vermont Supreme Court required

disqualification of an Administrative Judge for

failure to disclose "social relationship with a party"

and reversed the judge's decision. See also,

Richard v. Richard, 146 Vt. 286, 288 (1985).

Third, the appointment of Respondent's

attorneys as special masters in the Santa Clara

County Court appears as an endorsement of

McManis Faulkner lawyers that would be

inconsistent with Petitioner's allegation of

malpractice. In US. v. Jordan (1985) 49 D.3d 152,

Ft. 18, the 5th Cir.'s majority stated in Footnote 18

that:

"The public may not look favorably upon a

system that allows one colleague to pass on the

impartiality of another colleague who works closely

with the questioned judge. As discussed supra,

42

judges sitting in review of other judges do not like

to cast aspersions, especially upon colleagues in the

same district with whom they work so initimately

and confer so frequently."

There is an important policy to "ensure public

confidence in the judiciary." Curie v. Superior

Court (2001) 24 Cal.4th 1057, 1070.

1. Disqualify the Sixth District

Judicial Conference of the U.S., Committee on Code

of Conduct for United States Judges, Compendium

of Selected Opinions §3.6-6[1] (April 2013), requires

disqualification of the entire district when there is

a judge in the district being sued as a defendant.

California has a law for transfer a case from

the appellate court to the US Supreme Court. See

13 WitkinCal.Proc. Appeal §917; Knouse v.

Nimocks (1937) 8 C.2d 482, 66 P.2d 438; Scott v.

Kenyon (1940) 16 C.2d 197.

CONCLUSION

Petitioner respectfully requests the Court to

consider the 18 questions for certiorari.

VERIFICATION

I swear under penalty of perjury under the laws of

the US that the foregoing is true and accurate to

the best of my knowledge and made in good faith.

Dated: December 11, 2018

Respectfully submitted,

By Is! Yi Tai Shao

Yi Tai Shao

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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