Professional Land & Construction Surveying in Southern California
Out of business because I will not cooperate with a corrupt trade union.
Out of business because I will not surrender right under union might.
Out of business because a federal court judge will not allow my civil defense case, LACV03-6605 CBM RZx, to appear before a jury which is contrary to FRCP Rule 38.
Out of business because that federal court judge will not grant me my seventh amendment right (U.S. Constitution):
“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any other court of the United States than according to the rules of common law.”
Out of business because my representative in Congress will not perform her oath of office:
“I, Linda Sanchez, solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
Out of business because no federal agency wishes to get involved with this constitutional violation.
Out of business because I believe, and will hold to my belief, that not everything can be traded out for money.

Out of business.


John Ruff, PLS - 19914 Elaine Avenue - Cerritos, CA 90703
Affirmative Defense Online at: www.ruffservices.com/court
E mail: john@ruffservices.com


STATEMENT AND ACCUSATION OF FEDERAL COURT WRONGDOING:

My name is John Ruff. My complaint and accusation is that a Federal Court Judge, Consuelo Marshall, violated my right to a jury trial as preserved in the Seventh Amendment of our U.S. Constitution and ordered a civil judgment against me in the amount of $55,584.07 without a jury and without me even being present. I have concluded that she is working on behalf of the Construction Union Trusts and that all the preliminaries of the justice process were pressures into having me settle prior to my scheduled jury trial. In a Pre-Trial Conference, I watched as Judge Marshall denied that a jury trial was ever scheduled and have her clerk, Joseph Levario, confirm the same.

CHRONOLOGY FROM LAWSUIT TO PRESENT:

09-15-2003 Union Trustees Civil Suit against Ruff in Federal Court claiming Breach of Contract opening Case LACV 03-6605 CBM (RZx)
10-02-2003 I submit my 4-page answer to the Court claiming and providing proof to Affirmative Defenses (see Federal Rules of Civil Procedures (FRCP) Rule 8c). That defense is online at: www.ruffservices.com/court
10-03-2003 I personally hand-deliver my 4-page answer to Plaintiff Attorney’s Office, “Laquer, Urban, Clifford, & Hodge LLP” in Pasadena. Their Attorney, Brian Ray Hodge, came out to meet me and my co-worker, Filip Bayan.
11-11-2003 Plaintiff Lawyer, Jason Grinnell, requests the Court for entry of Default against me claiming no response by defendant. (I received served papers on 11-12-2003)
11-14-2003 Again, I return to the Courthouse in Los Angeles. I talk with the Courtroom Clerk, Joseph Levario, on a Court Phone and I am told to submit any paperwork over a public counter in Room 526.
12-03-2003 Court files Default against me by Clerk citing FRCP 55a (Clerk violates FRCP Rule 5e which states, “The clerk shall not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or any local rules or practices”).
12-08-2003 I fax my 4-page answer to the Courtroom Clerk, Joseph Levario, at telephone number 1-213-894-0045.
12-15-2003 Feeling that the Court is being unjust, I request my Right for a Jury Trial in accordance to Constitution. I submit my defense yet again.
12-17-2003 Court sets aside Default and lays out scheduling conference.
01-08-2004 I substitute myself with a hired lawyer, Kambiz Tom Kohan.
03-12-2004 Court Trial scheduled for 12-7-2004 (estimated at 4 days).
03-16-2004 Lawyer Kohan amends my complaint and once again demands the same Jury Trial per my request.
03-16-2004 I thank and excuse my lawyer from further representing me. I cite my further inability to afford his services. (I have thus paid $8,500.00)
04-05-2004 Court rejects substitution of attorney in Status Conference. Lawyer Kohan is expected to represent Ruff with or without pay. (At this point, I feel that Lawyer Kohan could no longer properly represent me. Lawyer Kohan insisted on terms of settlement continually from that point forward.)
04-28-2004 I open business records to Union Auditor for copying per Court Discovery Process. (Union Audit reports $15,232.20 as owed)
05-24-2004 My letter to Judge Marshall to again have the Court dismiss Lawyer Kohan from further representing me.
06-16-2004My motion to the Court to again dismiss Lawyer Kohan; my request to participate in the Discovery Process to review Union records. (This legal right was not exercised by my own lawyer. Court rejects requests)
06-21-2004I send $3000.00 check to Lawyer Kohan to have him work to defend me. ($16,500.00 total amount paid through August 30, 2004)
11-08-2004Federal Court Pre-Trial Conference: Certain of my affirmative defenses have been removed as a defense for my case by Judge Marshall. (I am allowed to answer for myself) My answer is that a jury will decide the outcome and that I still have no intentions on a settlement. Judge Marshall then denies that a Jury Trial has even been scheduled and has her clerk declare the same.
11-27-2004Lawyer Kohan requests that I read, sign, and send back to him a declaration letter of myself admitting to eighteen statements that he has prepared for me. In reviewing this declaration, it becomes apparent that they will somehow attempt to try me based upon these statements. Becoming furious to certain of these incriminating statements, I fax back to him that he will no longer represent me and that a Jury Trial was demanded by me on 12-15-2003 and also by himself on 3-16-2004.
11-28-2004He pleads with me by fax to sign (I will not answer his phone calls. He has, in the past, talked me into opening my business records, making offers to settle, and cooperating to procedures while the plaintiffs have done nothing of the same. It has been one-sided throughout this ordeal). I fax back that I will testify wholly to only my first answer of 9-30-2003. (That same answer is posted at http://www.ruffservices.com/court ).
12-07-2004Date that was set for my Jury Trial estimated to last four days. No Jury Trial. Lawyer Kohan’s answer to me is that it is postponed.
01-22-2005I report to Lawyer Kohan that I will be unavailable from 1-24-2005 through 2-17-2005 and that he should postpone any and all hearings, calls to appear, or decisions until my return.
03-21-2005Received letter from Lawyer Kohan of Amended Judgment made by Judge Marshall filed on 2-28-2005 and entered on 3-2-2005 that I am to pay a total of $55,584.07 to plaintiffs.
03-30-2005Closed “Ruff Services” land surveying & construction business. Once you fight the bad guys, they become vindictive to the fight. No, I ain’t paying! And I think a crime has just been committed.
04-15-2005(Don’t really know on exactly the date, but some time after the numbness wore off) Hey! - A Federal Judge just violated the U.S. Constitution that she was appointed to protect and enforce. Hey! - The Declaration of Independence cited “For depriving us, in many cases, of the benefits of trial by jury.” The Seventh Amendment of our Constitution only refers to suits in civil matters and preserves the right to trial by jury. The Court’s own Federal Rules of Civil Procedures (FRCP) Rule 38 “Jury Trial of Right” (a) Right Preserved (b) Demand (c) Same: Specification of Issues and (d) Waiver which reads, “A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.” I DID NOT CONSENT; I DO NOT CONSENT; I HAVE NOT CONSENTED!
05-12-2005E-mailed Lawyer Kohan announcing that I am still waiting for my jury trial as preserved in the Constitution. He e-mails back saying that I do not get a jury trial and cites FRCP Rule 56. (That rule only applies if a jury trial was never requested. This Constitution stuff gets taught to eighth grade kids. Maybe I should have my son explain it.)
06-22-2005Notice of Levy to my business account acquiring $4,215.95
06-27-2005Order by Court for my appearance and examination of judgment debtor. I appear but the plaintiff lawyer never shows up. Judge Ralph Zarefsky sends me out without having me speak.
07-04-2005Meet with Congresswoman Linda T. Sanchez at an Independence Day Park Celebration (how fitting). She accepts my complaint package and says that they will get back with me.
07-07-2005Dennis calls from Congresswoman Linda T. Sanchez’s Office with word that they cannot help me. In communications that followed, Dennis tells me that I do not get a jury trial. I asked for that in writing. He says that he is unable to do that. Later, I did get other things in writing like, “I can not, and I will not, try to interfere with Judge Marshall on your behalf on this or any other matter.” Okay, so maybe that means no. They actually recommended that I move. “No.” I demanded that she uphold her oath of office. She demanded that I threatened her. What is an honest law-biding citizen to do?
07-19-2005Involuntary Lien on my house. (Ain’t moving.)
Remainder
of 2005		Levied other bank accounts. My fault for leaving it in there. Levied joint accounts. Woman, why didn’t you move out that money. Hey, politicians and federal agencies, “Help!” Sought work with friend businesses. Hey, politicians and federal agencies, “Help!” Garnishments ordered. … Run. Hey, politicians and federal agencies, “Help!”
03-02-2006Returned to Caltrans. A place that I have worked before for twelve years and have accomplishments that boast on my behalf. Rank and file? Shelved? Wow. I better stop pestering the Congresswoman and stop communicating with her district constituents. Did her office make a call? I’ll wait until I pass my one-year probation to again take up this fight.
02-26-2007Order by Court for appearance and examination of judgment debtor. Turned over to plaintiff lawyer two-years of earnings records, bank statements, etc.
03-01-2007Conclusion of my one-year employee probationary period. I have once again acquired permanent employment status with Caltrans - California Department of Transportation as a licensed Land Surveyor. Begin again to contact Federal Agencies regarding the crime as committed by Federal Judge Consuelo Marshall.
05-30-2007Received via mail Earnings Withholding Order notifying me of the Garnishment to my Wages as employed with Caltrans - Department of Transportation.