No. 21-5150

John B. Freitas v. Bank of America

Lower Court: Ninth Circuit
Docketed: 2021-07-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights collateral-estoppel constitutional-violation court-officer-accountability due-process equal-protection judicial-misconduct racketeering real-estate-dispute res-judicata void-altered-defective-deeds
Key Terms:
SocialSecurity DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether local-state-federal-court-officers should be held accountable for criminal-conduct-through-racketeering

Question Presented (OCR Extract)

Questions Presented for Review 1. Whether local, state and federal court officers, among which are judges, attorneys, sheriffs, clerks, county recorders and notaries public, should be held accountable for their ongoing continuous criminal conduct of an enterprise through a pattern of racketeering activity (“predicate acts”) plus numerous felonies they regularly commit in complete and total violation of: a. the U. S. Constitution, 14% Amendment, §1 & § 3; and ; b. the legal, judicial and ethical codes which the officers of the court(s) swore to uphold. , 2. Whether homeowners’ rights of due process and of equal protection under the law are preempted by the doctrines of res judicata and collateral estoppel, thereby denying owners of residential real estate the right to be heard in a timely manner and in a meaningful way by allowing the parties to use regular litigation proceedings for such complicated legal issues, as contrasted with summary litigation proceedings as originally designed for landlord-tenant cases where the tenant’s ownership of the apartment is not an issue. , , 3. Whether Petitioner/Freitas is entitled to offer evidence to support the claims advanced in his First Amended Complaint (“FAC”), especially in light of the void, altered, defective: (a) “Deeds of Trust” and (b)“Trustee’s Deed Upon Sale”. (| . Parties to Proceeding EE Petitioner John B. Freitas is the Petitioner and was the Plaintiff/Appellant below. Petitioner is a U.S. citizen and a resident of the State of California. Freitas and his family owned and resided in the home located on the subject property for over forty (40)-years, until evicted on September 17, 2019. Bank of America, N.A. (“B of A”) is the Respondent here and was the~ appellee below. Oe , Respondent/B of A is a Delaware corporation that operates as a national banking association, headquartered in Charlotte, North Carolina. . On or about April 23", 2009, Bank of America, N.A., acquired, by merger, the assets and liabilities of Countrywide Bank, FSB (“Countrywide”) and thereafter Countrywide ceased to exist. B of A became the successor in interest to Countrywide.

Docket Entries

2021-10-04
Petition DENIED.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-07-27
Waiver of right of respondent Bank of America to respond filed.
2021-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2021)

Attorneys

Bank of America
Jan T. ChiltonSeverson & Werson, APC, Respondent
John B. Freitas
John B. Freitas — Petitioner