Professional Documents
Culture Documents
Freeman,
1234 Nowere Ave.
2 City, CA 99999
3 In Propia Persona
15
I
16 DEMURRER
17
1. To the District Attorney: Please take note of the venue listed
18 above. I
will ask the court to sustain my Demurrer as more fully set forth
19 below.
20 This is a preliminary Memorandum of Authorities. I reserve the right
to
21 upgrade it consistent with the rules regarding time for service.
Defendant demurs to the citation under to California Penal Code
22 (CPC) §1004.2; to wit:
23
That it does not substantially conform to the provisions
24 of Sections §950 and §952, and also Section §951 in case of
25
3
2. Nowhere on the notice to appear does the following appear:
4
a. Whether this is a criminal or civil action.
5
b. The name of the plaintiff in this action.
6 c. The nature of the proceeding.
d. The signature of the District Attorney, if it is a criminal action.
7
d
8 Therefore without those items on the notice to appear, the notice to
appear (citation) is vague on its face, this court must sustain this
9
demurrer and the action against accused must be dismissed.
10
11
II
12 POINTS AND AUTHORITIES
13
4.The following points and authorities are submitted in support of
14 this
demurrer.
15
20
"Notice to appear. Shorthand expression for the form of
summons
21 or order of notice in which the defendant is ordered to appear and
show
22
cause why judgement should not be entered against him. Fed R.
Civil P.
23
4 (b).
24
25
6
(a) The sovereignty of the state resides in the
7 people thereof, and all writs and processes shall
issue in their name.
8
(b) The style of all process shall be; The People of
9 the State of California," and all prosecutions shall be
conducted
10
in their name and by their authority"(Emphasis added)
11
12
Further, Amendment VI of the United States Constitution states:
13
"In all criminal prosecutions, the accused shall enjoy the
14 right....,
15
to be informed of the nature and cause of the accusation..."
18
The wording of Vehicle Code §40513 (b) states:
19
"If the notice to appear is not verified, the defendant may at
20 the
21
time of arraignment, request that a verified complaint be filed."
25
18
a. Whether this is a criminal or civil action.
22
d. The signature of the District Attorney (if it is a criminal
action).
23
The court may not enter a plea on defendant’s behalf if he refuses
24
to
25
6
CGC §26500 reads:
7
"The district attorney is the public prosecutor, except as
8
otherwise
9 provided by law. The public prosecutor shall attend the courts, and
within his or her discretion initiate and conduct on behalf of the
10 people
all prosecutions for public offenses." (Emphasis added)
11
12
Additionally, in People v. Municipal Court 27 Cal.App.3d 193 Rptr
13
645 (1972), the court wrote:
14
25
4
oaths.
4. That the defendant is named, or if his name is unknown, that he
5
is described by a fictitious name, with a statement that his true
6 name is to the grand jury, district attorney, or complainant, as the
7
case may be, unknown.
5. That the offense charged therein is triable in the court in which it
8
is filed, except in case of a complaint filed with a magistrate for
9 the purposes of a preliminary examination.
10
6. That the offense was committed at some time prior to the filing of
the accusatory pleading.
11
12
13
Only when an accusatory pleading, meeting the requirements of
Penal Code §950 and §952, for a criminal matter is presented to the
14
accused must he plead to it. The court may not enter a plea on the
15 Defendant’s
16
behalf under Penal Code §1024 unless the accused has been
presented
17
with an accusatory pleading meeting the requirements of Penal
18 Code
19
§950 and §952. The notice to appear does not meet those
requirements,
20
thus the notice to appear is vague on its face and this court must
21 sustain this demurrer and must dismiss the action against accused.
22
III
23 CONCLUSION
24
25
5
c. Nature of the proceeding.
6
d. Signature of the District Attorney (if it is a criminal action).
7
10
9. For the reasons stated in this demurrer, the accused respectfully
requests this court to sustain this demurrer and dismiss the action
11 against the accused.
12
13 Signed:_________________________ Date:________________
Mr.Freeman, Accused, In
14
Propria Persona
15
16
17
18
19
20
21
22
23
24
25