COURT OF APPEAL OF THE STATE OF CALIFORNIA

IN AND FOR THE FIFTH APPELLATE DISTRICT

Courtney Gillespie; Related 5th D.C.A. Case #: F073250;

Related Trial Court Case # 10-
238961;
Petitioner,
Affidavit Of A.D.A. Assistant
Alan David In Support Of
Verified
-vs- Petition To Presiding Justice Of
The 5th DCA For Writ Of
Error
Nicklas Hoffman, in his personal Coram Vobis Of Courtney
Gillespie
capacity & as Trustee for The H.M.
Wysocki Irrevocable Trust by and [Non Statutory Common
Law]
Through Its Co-Trustees, Nickol D.
Gerritsma And Nicklas Hoffman,

Respondents.

_________________________________

AFFIDAVIT IN SUPPORT OF
VERIFIED PETITION
OF Courtney Gillespie
FOR WRIT OF ERROR
CORAM VOBIS

1
 Courtney Gillespie ,
Petitioner,
P.O. Box 8323,
Porterville, California,
83257.

COURT OF APPEAL OF THE STATE OF CALIFORNIA

IN AND FOR THE FIFTH APPELLATE DISTRICT

Courtney Gillespie; Related 5th D.C.A. Case #: F073250;

Related Trial Court Case # 10-
238961;
Petitioner,
Affidavit Of A.D.A. Assistant
Alan David In Support Of
Verified
-vs- Petition To Presiding Justice Of
The 5th DCA For Writ Of
Error
Nicklas Hoffman, in his personal Coram Vobis Of Courtney
Gillespie
capacity & as Trustee for The H.M.
Wysocki Irrevocable Trust by and [Non Statutory Common
Law]
Through Its Co-Trustees, Nickol D.
Gerritsma And Nicklas Hoffman,

Respondents.

_________________________________

1. Alan David says and Declares:

2. I am the ADA assistant for Courtney & Melody Gillespie pursuant

to the Americans

with disabilities Act to assist them with tasks which are difficult
for them due to

2
 their physical disabilities including debilitating Migraine
headaches, past physical

injuries, which have slowed them down in their retirement, as

they have to care for

and feed a number of animals, and take care of a five acre parcel
of land which they

live on.

3. I have researched the trial Court Case file in Tulare County

Superior Court Case 10-

238961, examined all 6 volumes in the Courts physical Case file in the
last 60 days and I

discovered that the Written Settlement Conference Statement

referred to by Dept. 7 Judge

Paul Vortman in the partial transcript in Exhibit #

is not in any of the said 6 Volumes that compose the Case file in case
10-238961.

4. I have researched the 5th DCA electronic case file in Case # F073250;
all 6 Volumes of the

Record on Appeal & found that the Minute order of Dept. 2 Judge
Lloyd Hicks is not in any

of the Volumes in the Courts said electronic file in F073250.

5. I was present with Plaintiff Courtney Gillespie in the Clerks office on

the 2nd floor of the

Tulare County Superior Court, shortly after the issuance of the

“Decision On Submitted

Matter” of 10/15/13 by Dept. 7 Judge Paul Vortman on the Quiet Title

Action in Case 10-

238961, a few days after the issuance of that “Decision”, and I

witnessed a hand written note

3
 in the Case file stating that Judge Vortman was gone on a Medical
leave. When Courtney

Gillespie pointed it out to me, verbally referring to it a Court Clerk

who heard what he said,

reached under the glass window and removed the note from the Case
file, saying “that is

confidential”. When I asked to see it and get copies of it she said “no,
you can not have that, it

is confidential”.

6. Since that time all our several efforts to obtain any information
regarding Judge Vortmans

medical condition were ignored by Court personnel, who always said it

is confidential, they

could not help us, because Vortman was an employee of the Court.

7. It was only the next year in the fall of 2014 that I came across an
Article in the Visalia

Times Delta news paper that stated Vortman had retired from the
bench after having been

diagnosed with cancer. Recently while doing more research online for
the Gillespies I came

across an article about his death from Cancer and his obituary, which
stated that Vortman

died of Cancer that had spread rapidly throughout his body including
his glandular cancer in

his face-head region, and his liver.

8. I have attached a Medical Abstract I found on line from “US National

Library of Medicine

Institute of Health” which “An overview of the rare parotid gland

cancer” and I noted that

4
 one of the causes or risk factors for this form of cancer is stated under
the HEADING:

“Etiology” on page 3 , to be:

“Medical radiation or ultraviolate light theraputic treatments to the

head or neck” which I found out in further research can be caused by
cancer radiation therapy for brain cancer.

9. I attended many court proceedings including many law and Motion

hearings, in Tulare County

Superior Court case 10-238961, including other those in Civil Cases

other than 10-238961, as

well as 10-238961 for at least a year or more prior to the quiet title
trial of the case, and I

attended all the Quiet Title trial hearings and I closely observed the
actions and behavior of

Dept. 7 Judge Paul Vortman, in all these proceedings, & I noticed that
he often had to ask

Counsel in the Case before him about details of the case and why
they were there for the

hearing, and often had to corrected by council, when he became

confused with the facts and

issues before the court. I also saw him on numerous occasions lower
his head or prop it up

with one of his hands as if he was tired, fatigued, and struggling to

carry on with the hearing.

More than once after a hearing, I told Courtney & Melody Gillespie
that I was sure that Judge

Vortman was on some kind of Medication, and had some kind of brain
impairment, and even

said maybe he had brain cancer. Ne clear instance in the record that
proved he was impaired

5
 to me was that he was not aware that the Gillespies had filed two
Demurrers in the Case, one

to the answer to their complaint and one to the cross complaint filed
by Defendant Nicklas

Hoffman, Et Al, and when this point was brought to his attention he
had a blank expression on

his face as if he had no idea what was being said to him. He only
issued a Ruling on one of the

Demurrers which caused a procedural problem for the Gillespies in

the Case. Many times

there was the clear impression that he had not read the papers that
were filed with the Court

by the Gillespies, as he was unfamiliar with what they were talking

about, and would appear to

come up with some procedural excuse to sweep the point or issue

aside so he would not have to
address the issue, because he was unprepared to do so.

10. I am very experienced with Court procedure and have attended

hundreds of court hearings

in several different Counties in the State of California. I am a

procedural expert, and I am

an expert on substantive Law of the State of California having been

researching it since

around June of 1991, more than 26 years, though I am not a

licensed Bar Attorney and

I do not “Practice” “Law”.

11. I have not received any payment for any of the research mentioned
in this Affidavit or for

preparing this Affidavit, & I will not receive any benefit or payment
for doing so, nor have I

6
 asked for any such compensation or payment for doing so.

12. I am not personally prejudiced or biased towards Dept. 7 Judge Paul

Vortman, or any other

Judge.

13. At the web site : https://www.webmd.com/cancer/brain-cancer/brain-

cancer-symptoms

they state that the symptoms of primary and metastatic brain cancers are similar.
And that following symptoms are most common:

headaches, weakness, Clumsiness Difficulty walking Seizures

and that other nonspecific symptoms and signs include:

Altered mental status, changes in concentration, memory, attention, or alertness

Nausea, Vomiting, Abnormalities in vision, Difficulty with speech, gradual changes
in intellectual capacity or emotional response.

14. I witnessed several of the forgoing listed symptoms in observing Judge Vortman in

the Dept. 7 Court room, over more than a year of observation, prior to the trial on the

Quiet title Cross Action in Case # 10-238961, including: changes in concentration,

memory, attention, or alertness; gradual changes in intellectual capacity or emotional

response. As time wore on he was quicker to anger, and I also noticed a loss of

attention span, or ability to stay focused or to concentrate for very long on any issue,

including a tendency to cut things short and rush to another item or issue, and lack of

patience with litigants, giving the Gillespies short shrift in a number of Cases.

15. According to:

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 https://www.webmd.com/cancer/tc/cancer-pain-medications#1

common cancer pain medications are the following:

Prescription medicines include:

Opiate pain relievers, such

 as fentanyl, hydromorphone, methadone, morphine, oxycodone, and tramadol.

Other medicines that may be used with opiate pain relievers. These medicines may
be given to help your pain medicine work better or to treat your symptoms. Or they
may be given for certain types of pain. These include:

Anticonvulsants, to help control nerve pain like burning and tingling.

Antidepressants, to relieve pain and help you sleep.
Anti-inflammatory drugs and corticosteroids (for example, prednisone or
dexamethasone).
Bisphosphonates, such as pamidronate and zoledronic acid, to treat bone
pain.
Local anesthetics, such as skin creams with capsaicin or lidocaine, to help
relieve pain in the skin and surrounding tissues.
Medical marijuana also may help relieve cancer pain. It is available as marijuana
cigarettes or as dronabinol, which is made from an active ingredient of marijuana.
Dronabinol is available as a capsule.

According further research I did about the effects of these drugs a number of them

make you drowsy and can be toxic to the brain. Combined with others commonly

prescribed by doctors the negative effects are increased. See:

https://betterhealthwhileaging.net/medications-to-avoid-if-worried-about-

15. I have attached a document hereto as Exhibit # 1 which is titled:

8
 “ An overview of the rare parotid gland cancer”, referred to earlier in
this Affidavit.

16. Based on my experience over the last 26 plus years in various Court
Cases across the State of

California, I have concluded that due to some kind of mental

impairment of Dept. 7 judge Paul

Vortman, which according to the facts that have been uncovered to

date may very well have been

a metastasized brain cancer, causing the Gillespies to not receive a

fair impartial trial at the

Quiet Title Trial in Case # 10-238961.

on this day, the 29th day of March, 2018, in the County of Tulare,
Republic of California,

______________________________
Alan David.

Declaration
I the undersigned hereby Declare under penalty of perjury under
the laws of the State of California that the foregoing is true and
correct, Executed by my hand on this 29th day of March, 2018,
Anno Domini,

___________________________
Alan David.