[your name]
[your mailing address]
[your city, state fully spelled]
[optional phone number]
[optional e-mail]
In Propria Persona
Counterplaintiff

                                           
SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES, 

THE PEOPLE OF THE STATE OF          ) CASE NO.  __________
CALIFORNIA,                         ) 
                    Plaintiff       ) COUNTERCLAIM
                                    ) FOR TRESPASS, AND
             v.                     ) TRESPASS ON THE CASE
                                    )
[your name],                        ) VERIFIED
                    Defendant.      )
________________________________    )
                                    )
[your name],                        )
                                    )
              Counterplaintiff,     )
                                    )
             v.                     )
                                    )
THE PEOPLE OF THE STATE OF          )
CALIFORNIA, John Doe, Mary Roe      )
                                    )
              Counterdefendants.    )
------------------------------------)--------------------------

NOTE:  THE FOLLOWING TEXT SHOULD BE 12 POINT TYPE, 
BUT IS ENLARGED HERE FOR DISPLAY BY THE PROJECTOR
FIRST CAUSE OF ACTION
TRESPASS

1.  [Your name], (hereinafter "Plaintiff") is one of the people of [your state, or the United States], and in this court of record complains of each of the following: 

Superior Court of California, People vs. [your name], Case # _________ (hereinafter “Inferior Court”); and
John Doe (hereinafter “Kidnapper”);
(all hereinafter collectively “Kidnappers”); 

who are each summoned to answer the said counterplaintiff in a plea of trespass and trespass on the case, to wit: 

BACKGROUND

2.  Each of the Kidnappers exceeded his jurisdiction by either directly, through an agent, or in concert with another did cause counterplaintiff [your name] to be unlawfully and forcibly carried away and imprisoned against his will, without jurisdiction.  Preceding the imprisonment counterplaintiff [your name] was duly engaged in good faith in a negotiation and purchase of a chose, and exercising his substantive right to contract with another at arms length.  Said Kidnappers interrupted the negotiations, then imprisoned counterplaintiff [your name].  During imprisonment Kidnappers subjected counterplaintiff [your name] to threat of three years further imprisonment without trial or due process.

3.  From the moment he was taken away till the present, [your name], under color of law, was kept in actual or constructive imprisonment.  Although he objected to the assumed jurisdiction, those who kept him imprisoned under color of law did not respond to any of his demands and requests for proof of jurisdiction or for reinstatement of his liberty.  They continued to assume the jurisdiction without proof of jurisdiction or any attempt at proof of jurisdiction.  He was denied counsel of his choice.  He was forced to accept counsel not of his choice, and against his wishes.  Counterplaintiff [your name] continues to be subject, under color of law, to the assumed jurisdiction of the Kidnappers.  

4.  Under color of law [your name] was twice subjected to pseudo-psychological evaluation.  The first pseudo-psychological evaluation failed to satisfy the Kidnappers.  The second pseudo-psychological evaluation resulted in a star-chamber Inferior Court-ordered indefinite open-ended incarceration of up to three years without trial, without due process, and without opportunity for counterplaintiff to object, with the concurrence of the uninvited court-imposed attorney.

JURISDICTION

5.  On examination of all available information, counterplaintiff is unable to ascertain that counterdefendants have any jurisdiction to commit their acts.  

6.  Therefore, on information and belief, counterplaintiff [your name] alleges that Kidnappers do not have any jurisdiction and may not extra judicially proceed.

7.  Counterplaintiff demands that Kidnappers submit to the court proof of jurisdiction, if any they have.

8.  If no proof of jurisdiction is submitted to the court, counterplaintiff demands that the above-entitled court of record find that Kidnappers are without jurisdiction, that the counterplaintiff be released from incarceration without delay, and that the Inferior Court may not proceed.

SECOND CAUSE OF ACTION
TRESPASS

JURISDICTION

9.  Paragaphs 1 through 4 are incorporated by reference as though fully stated herein.

10.  Each counterdefendant acted in such a way, or failed to act in such a way, that counterplaintiff [your name] is deprived of his liberty.  Each counterdefendant acted to deprive counterplaintiff [your name] of his liberty; or each counterdefendant failed to act to prevent the loss by counterplaintiff [your name] of his liberty.  Further, each counterdefendant is a willing participant in concert with each of the remaining counterdefendants.

11.  At all times mentioned in this action each counterdefendant is the agent of the other, and in doing the acts alleged in this action, each is acting within the course and scope of said agency.  

12.  On or about June 29, 2004, John Doe offered to sell two automobiles to counterplaintiff [your name].  [your name] agreed to buy the automobiles but informed John Doe that he would not take actual possession of the automobiles until the paper transactions were completed.  All paperwork and funding of the transaction would be completed before he would accept the automobiles from John Doe.  The reason for not taking possession of the property is that full payment would be in accordance with special procedures proscribed in the Uniform Commercial Code and require special private banking procedures.  No actual transfer of possession would take place until said procedures were completed.  Failure to follow the procedures voids the transaction in its entirety.)

13.  John Doe and [your name] commenced to fill out the paperwork.  Before completing all the paperwork and the contract negotiation, the Redondo Beach Police Department officers appeared.  On information and belief, counterplaintiff [your name] alleges that John Doe summoned the Redondo Beach Police Department police officers.  

14.  Because of the actions committed with actual and implied force counterplaintiff was immediately and directly injured and suffered loss of liberty, and imprisoned under color of law.  

15.  Counterdefendants have a duty to not cause counterplaintiff [your name] to be imprisoned under color of law, to not cause loss of liberty.  Further, counterdefendants have a duty to prove jurisdiction when objection to jurisdiction is asserted.  

16.  Counterdefendants have breached that duty.

17.  The damages for the injury caused by counterdefendants’ actions are $50,000 for each day of unlawful imprisonment.

LAW OF THE CASE

18.  Exhibit “A” is incorporated by reference as though fully stated herein.

REQUEST FOR RELIEF

19.  For that cause of action therefore Plaintiff brings his suit. 

20.  WHEREFORE, Counterplaintiff requests relief and judgment against Counterdefendants as follows: 

On all causes of action: 

21.  For general damages in the sum of $50,000 multiplied by the number of days in constructive and actual imprisonment;

22.  For loss of earnings according to proof; 

23.  That the court enter a declaratory judgment that counterdefendants have acted arbitrarily and capriciously, have abused their discretion and have acted not in accordance with law, but under color of law;

24.  That the court enter a declaratory judgment that counterdefendants have acted contrary to constitutional right, power or privilege.

25.  That the court enter a declaratory judgment that counterdefendants' actions were in excess of statutory jurisdiction, authority and short of statutory right.

26.  That the court permanently enjoin counterdefendants from interfering in any way with counterplaintiff’s lawful right to negotiate and enter into contracts;

27.  That the court enter a declaratory judgment that the records of the court not of record are impeached for want of jurisdiction in the Court or judicial officers, for collusion between the parties, and/or for fraud in the parties offering the record, in respect to the proceedings;

28.  That the court grant counterplaintiff his attorneys fees;

29.  That the court grant counterplaintiff such other and further relief as the court deems proper;

30.  For interest as allowed by law; and

31.  For costs of suit incurred.

32.  I have read and am aware of the foregoing writing.  I have personal knowledge of the foregoing facts and am competent to testify as to the truth of those facts if called as a witness.  I declare under penalty of perjury that the foregoing facts are true and correct, and that this affidavit was executed in _____[city]____, _[state]_ on _[date]_.

__________[signature]__________
[your name]