Melody and Courtney Gillespie

c/o P.O. Box 8323

Porterville, California

TULARE COUNTY SUPERIOR COURT

VISALIA DIVISION
) Case No. 10-238961
)
) AFFIDAVIT of Melody Gillespie
Plaintiffs,
) IN RESPONSE TO ORDER TO
vs.
) SHOW CAUSE FOR SANCTIONS
)
Nicklas Hoffman, et al.,
)
)
Defendants.
)
Melody and Courtney Gillespie

The County of Tulare

The State of California

)
)SS
)

I, Melody Gillespie, do hereby declare under penalty of perjury pursuant to The Law of
The State of California, that the following is true and correct:
1. At a past hearing when the Court brought up the fact that there was an envelope of
subpoenaed material from the evidence file, in the Judges hands. Plaintiff Melody
Gillespie, myself, responded that I had subpoenaed the Law Enforcement Reports.
2. I let the Court know that the reports have been subpoenaed for the injunction and I needed
the reports to prepare for trial in this case.
3. I, then, requested that the court release them to me so I could use them to prepare for trial;
that I needed the names of the witnesses, and events which were in the reports, and details
of prior complaints filed against us, the Plaintiffs, by Nicklas Hoffman, the complaints
made by the Plaintiffs, us, about Nicklas Hoffman, and to prepare questions for testimony.
4. The Courts response to the request for release of the subpoenas was to Brief it.
Melody and Courtney
Gillespie
P.O. Box 8323
Porterville, California

5. No time limit was given and no details were given on how the judge wanted it briefed. I
believed he left it to my discretion.
6. When Judge Hicks said to Brief it, I believed he wanted it brief, but enough to know
what our intentions were.
7. The affidavit regarding the necessity and relevancy of the subpoenas were filed later. The
affidavit was my attempt to Brief it as previously directed by this court, though perhaps
not in the form of a formal brief. I believe the necessity for release of the subpoenas was
sufficiently stated to the court and I fully expected a positive response, including an order
releasing the subpoenas to me for use in preparing for the upcoming trial. I had no reason
to believe that requesting evidence that should have never been withheld from us in the
first place, would have been considered frivolous filing to have to ask for, again. No
attorney would have had to pay $90.00 (ninety dollars) to motion the court to release them,
to be denied without just cause, other than the attorney from the other side did not want
them released. This is invidious discrimination against us!
8. If the court does not recollect telling us to brief the matter of the release of the subpoenas, I
will try to refresh the courts memory. I have been searching for the transcript and/or
minute order of the proceeding when it occurred, but have yet to locate it. When I do, I
will file it with the court immediately. To the best of my recollection, it was at the trial
readiness hearing.
9. My actions in filing the Affidavit were under a good faith belief that I was previously
authorized by this Court to do so, and under these circumstances and facts I do not believe
that it is Just or Lawful for this Court to punish me with any sanctions whatsoever, and I
hereby request that this Court take the Order to show cause hearing off calendar, and
cancel the hearing & withdraw its previous Order for said hearing;
Dated: 9/16/14

/s/______________________
Melody Gillespie, Plaintiff

PROOF OF SERVICE
I the undersigned hereby declare under penalty of perjury under the laws of

Melody and Courtney

Gillespie
P.O. Box 8323
Porterville, California

the state of California that I served the here attached document described as:

AFFIDAVIT of Melody Gillespie IN RESPONSE TO ORDER TO SHOW CAUSE FOR

SANCTIONS AGAINST THE PLAINTIFFS
On the day of

9 /16/2014 on the parties named below at the addresses to follow:

DEFENDANTS NICKLAS HOFFMAN NICKOL GERRITSMA, ET AL,

C/O: ATTORNEY OF RECORD ROBERT J. FLETCHER
P.O. BOX 824, Tulare, Ca. 93274.
Said Service was done by me, by first Class U.S. Mail with the document enclosed in a
sealed Envelope and the postage therefore fully paid. I am not a party
to the within Cause of Action. I am over the age of Eighteen Years . My
business address is: [934 W. Henderson, Porterville California, 93257] P.M.B.
#: 132. Executed by my hand on this day, the day of 9/16/2014, in the
Republic of California, Tulare County,
_______________________
Alan David.

Melody and Courtney

Gillespie
P.O. Box 8323
Porterville, California