HI&RH Empress Aubre Dei Gratia, Estate Executrix

Sui Juris, the natural living woman

c/o U.S.P.O. Postmaster, c/o temporary mailing location
PO Box Nine-Zero-Four-Five-Two, near San Jose,
at Santa Clara County, on California, [zip code exempt]
DMM Reg., Sec 122.32, Public Law 91-375, Sec. 403
Tel: 408-830-6266

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SANTA CLARA

Appellate Division, Admiralty Law Form, Limited Civil Jurisdiction
191 N. First St., SAN JOSE, CA 95113
ROSALIE GUANCIONE
Appellant

vs.
PEOPLE OF THE STATE OF
CALIFORNIA, (corpora ficta)
Appellee
PEOPLE OF THE STATE OF
CALIFORNIA, (corpora ficta)
Plaintiff
vs.
ROSALIE GUANCIONE
Defendant

) Appeal Case No.: 1-14-AP-001829

) Trial Court Case No.: 7-09-TR-562668
)
)
GUANCIONE vs PEOPLE
)
)
) Appellant Rosalie Aubre Guancione, the
) natural living woman: Gives Notice to
) Clerk in Accordance with C.C.P.
) 170.3(c)(4) that Judge Mary E.
) Arand failed to file a consent or
) answer to Objection to Judge for
)
Disqualification for Cause, SUCH
)
) THAT THE CLERK NOW HAS A
) STATUTORY DUTY SUCH THAT
) the clerk shall notify the presiding
) judge or person authorized to appoint
)
a replacement of the recusal
)
[C.C.P. 170.3(c)(4), 170.3(c)(5), 431.10
)

thru 431.70]

Note to Court Clerk: 18 U.S. Code 2071

Concealment, removal, or mutilation generally
(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or
destroys, or attempts to do so, or, with intent to do so takes and carries away any record,
proceeding, map, book, paper, document, or other thing, filed or deposited with any
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clerk or officer of any court of the United States, or in any public office, or with any
judicial or public officer of the United States, shall be fined under this title or imprisoned
not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document,
paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates,
falsifies, or destroys the same, shall be fined under this title or imprisoned not more than
three years, or both; and shall forfeit his office and be disqualified from holding any
office under the United States. As used in this subsection, the term office does not
include the office held by any person as a retired officer of the Armed Forces of the
United States.

Notice to Clerk C.C.P. 170.3(c)(4)

PLEASE TAKE NOTICE that HI&RH Empress Aubre Regina Dei Gratia, also
known as Rosalie Aubre Guancione, the natural living woman, and Estate Executrix
for ROSALIE GUANCIONE, as the Appellant Rosalie Aubre Guancione, the
natural living woman Gives Notice to Clerk in Accordance with C.C.P. 170.3(c)(4) that
Judge Mary E. Arand failed to file a consent or answer to the Objection to Judge for
Disqualification for Cause that was personally served upon Judge Mary E. Arand in
courtroom 9, and the time to plead has past.
(4) A judge who fails to file a consent or answer within the time allowed shall be
deemed to have consented to his or her disqualification and the clerk shall notify
the presiding judge or person authorized to appoint a replacement of the recusal
as provided in subdivision (a).
Judge Mary E. Arand had a duty to answer the Affidavit by either a consent, or a
general denial, or an answer to each numbered paragraph, as a material fact, with either
Admit, Deny, or Deny for Want of Knowledge in accordance with C.C.P. 431.30.
(b) The answer to a complaint shall contain:
(1) The general or specific denial of the material allegations of the complaint
controverted by the defendant.
(2) A statement of any new matter constituting a defense.
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(c) Affirmative relief may not be claimed in the answer.

(d) If the ... If verified, , the denial of the allegations shall be made positively
or according to the information and belief of the defendant. ...
(e) If the defendant has no information or belief upon the subject sufficient to
enable him or her to answer an allegation of the complaint, he or she may so state
in his or her answer and place his or her denial on that ground.
(f) The denials of the allegations controverted may be stated by reference to
specific paragraphs or parts of the complaint; or by express admission of certain
allegations of the complaint with a general denial of all of the allegations not so
admitted; or by denial of certain allegations upon information and belief, or for
lack of sufficient information or belief, with a general denial of all allegations
not so denied or expressly admitted.
(g) The defenses shall be separately stated, and the several defenses shall refer
to the causes of action which they are intended to answer, in a manner by which
they may be intelligibly distinguished.
Additionally, the exhibits served in support of the Objection to Judge for
Disqualification for Cause: Exhibits A (attached to recusal motion), B, C, D, E, F,
(separately judicially noticed but filed with recusal motion,) and which were Affidavits
requiring mandatory recognition as judicially noticed Evidence exhibits pursuant to
Federal Rules of Evidence, rule 201, which documented both bribery of Judge Mary E.
Arand, previous self recusal of Judge Mary E. Arand in a specific case and case number,
and bias and prejudice of Judge Mary E. Arand under the evidence code, were never
rebutted and were defaulted by Judge Mary E. Arand. The public perception of bias
and prejudice of Judge Mary E. Arand for the Plaintiff, and separately against the
Defendant/Appellant Estate ROSALIE GUANCIONE, is a mandatory recusal pursuant
to Title 28 U.S.C. 455(a). Judge Mary E. Arand failed to rebut that all of the UNITED
STATES CODE (U.S.C.), including Title 28 U.S.C. 455 applied to the motion to
disqualify for cause.
455. Disqualification of justice, judge, or magistrate judge
(a) Any justice, judge, or magistrate judge of the United States shall disqualify
himself in any proceeding in which his impartiality might reasonably be
questioned.

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An order to strike is not an answer to the Affidavit of recusal pursuant to C.C.P.

431.30.
When any judge, including Judge Mary E. Arand, passes on the sufficiency of her
own recusal, that is a violation of C.C.P. 170.3(c)(5), and the evil intent of passing on
her own recusal is presumed to be in bad faith, and subvert and to bypass a local hearing
by a neutral assigned judge to hear the motion for disqualification pursuant to C.C.P.
170.3(c)(5).
The Clerk now has a statutory duty such that the clerk shall notify the presiding
judge or person authorized to appoint a replacement of the recusal Judge Mary E. Arand.
Failure to perform the clerks statutory duty may result in civil and/or criminal claims
against each and every responsible individual.
Appellant requests to be sent a certified copy of the clerks notification to the
presiding judge, at the following address: POB 90542, San Jose, CA 95109; such
that the liability for failure to comply with the requirements of C.C.P. 170.3, are
established and determinable. If the clerk performs their statutory duty to notice
the presiding judge then the liability rests with the presiding judge to appoint a
replacement for the recusal.
VERIFICATION
The signer certifies that to the best of his/her knowledge, information, and belief, formed
after an inquiry reasonable under the circumstances:
(1)

it is not being presented for any improper purpose, such as to harass, cause

unnecessary delay, or needlessly increase the cost of litigation;

(2)

the claims, defenses, and other legal contentions are warranted by existing law or

by a nonfrivolous argument for extending, modifying, or reversing existing law or for

establishing new law;
(3)

the factual contentions have evidentiary support or, if specifically so identified,

will likely have evidentiary support after a reasonable opportunity for further
investigation or discovery; and
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(4)

the denials of factual contentions are warranted on the evidence or, if specifically

so identified, are reasonably based on belief or a lack of information.

I declare under penalty of perjury by the laws of the UNITED STATES, and by the
laws of the STATE OF CALIFORNIA, that the foregoing is true and correct.
Further your Affiant, sayeth naught.
ROSALIE GUANCIONE
Date: June 16, 2015

By: _/s/______ Empress Aubre Dei Gratia_______

HI&RH Empress Aubre Regina Dei Gratia,
Attorney in Fact, UCC 3-418 Authorized Signer,
Executrix and Secured Party Creditor

Date: June 16, 2015

By: _/s/______ Empress Aubre Dei Gratia_______

HI&RH Empress Aubre Regina Dei Gratia
Also known as: Rosalie Aubre Guancione, the
natural living woman and Secured Party Creditor

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