INDIANA COMMISSION ON JUDICIAL QUALIFICATIONS

30th South Meridian Street, Suite 500 Indianapolis, IN 46204

Tel#(317) 232-4706/Fax#(317) 233-6586

COMPLAINT AGAINST JUDGE

FROM: Complainants Name: Complainants Address: Complaints Telephone: Judges Name: Name of Court: Cause Number: Kay Kim 4250 Village pkwy unit 2 Indianapolis, IN 46254 #(317)-641-5977

ROBERT S. SPEAR Marion County Perry Township Small Claims Court 49K04-1108-SC-2739

Names and telephone numbers of all attorneys who represented you at any time in this case: Kay Kim, Pro Se-Plaintiff. Tel# (317) 641-5977 Nature of complaint: 1. I am Kay Kim, the Plaintiff, Pro Se in the following four cases in the Perry Township Small Claims Court under the Honorable Judge Robert Spear: Cause No: 49K05-0904-SC-2680 Cause No: 49K04-1009-SC-3527 Cause No: 49K04-1108-SC-2739 Cause No: 49K05-1107-SC-2611 2. I am living in the bottom unit at the Village at Eagle Creek HOA since 1999. In 2009, there was a toilet overflow from the unit directly above my unit. The Owner Insurance Company refused to pay for the damage to my 2nd bathroom. I filed a claim in the Pike Township Small Claims Court, and later transferred to the Perry Township Small Claims Court under Cause No: 49K05-0904-SC-2680. The Honorable Judge Robert Spear entered judgment of $1042.86 in my favor. 3. In 2010, I saw many patches of yellow stain on the ceiling of my master bedroom bathroom. There are two separate bathrooms in every unit at the Village at Eagle Creek HOA. When the owner refused to fix the leak I filed claim in the Perry Township Small Claims Court under Cause No: 49K04-1009-SC-3527. Attorney Robert F. Ahlgrim from State Farm Insurance lied and claimed that the new damage is the same damage as the claim filed in 2009. There were three other attorneys Lori A. Coates, Casey R. Stafford, Michael E. Brown, and Richard A. Rocap representing the other Defendant, Village at Eagle Creek HOA. The three Attorneys did not show up on the date set for the trial. I asked for default judgment but the Judge refused and continued the case two other times on their behalf. I then asked for the Judge to dismiss all defendants so that I can file my claims in the Superior Civil Court under Cause No: 49D14-1011-CT-048790.

4. On August 5, 2011 I noticed water leaking from the upstairs into my master bathroom. I wrote to the owner and Property Manager of the condominium to inform them of the leak. Both the owner and the Property Manager ignored my complaint and I filed a compliant in the Perry Township Small Claims Court under Cause No: 49K04-1108-SC2739. The Owner was represented by Attorney Robert F. Ahlgrim from State Farm Insurance who again lied and claimed that the new damage is the same one as the 2009 damage settled under Cause No: 49K05-0904-SC-2680. 5. In the Superior Civil Court under Cause No: 49D14-1011-CT-048790 Attorney Michael Brown lied to the Court and asked for Summary Judgment because the Case was already settled in the Perry Township Small Claims Court under Cause No: 49K05-0904-SC2680. The Judge Reed then corrupted granted summary judgment under false pretense to the Defendant without a trial. The case is in the Indiana Court of Appeals under 49-A02-1106CT-00479. Attorney Michael Brown produced an Order of the Summary Judgment from the Superior Civil Court #14 and asked for case to be dismissed. 6. Judge Spears concluded that the Defendants are not liable for the damage and closed the case. Although I have photos and videos for each of the three damages that occurred in 2009, 2010 and August 2011, Judge Spears refused to accept any evidence. Judge has already prejudged the case and is prejudice to the Plaintiff.

7. The Plaintiff asked the Court to issue an emergency injunction to stop the Tenants from using the leaking bathroom and an Order the owner to produce the name of the Tenant. The Court totally ignored the Plaintiffs requests. The Plaintiff gave notice to the Court to add the Tenant as an additional defendant. The Judge refused to accept the new Defendant without a full name. The Plaintiff tried to get information from the tenant, the Owner, the Property Manager and their counsels but they conspired to hide the name. 8. The Plaintiff filed with the Court the following evidences, affidavits and motions: i. Plaintiffs response to Defendants Shannon Love and Kyle Loves Motion to dismiss. Filed with the Court On August 18, 2011. ii. Plaintiffs Petition for punitive damage. Filed with the Court On August 23, 2011. iii. Estimate of the Damages. Filed with the Court On August 23, 2011. iv. Plaintiff 2nd response to Defendants Oral Motion to dismiss the Case. Filed with the Court On August 23, 2011. v. Plaintiff 3rd response to Defendants Oral Motion to dismiss the Case. Filed with the Court On August 25, 2011. vi. Notice of supplement complaint and claims against Village at Eagle Homeowners Association for housing discrimination, embezzlement and negligent discrimination against Plaintiff Kay Kim. Filed with the Court On August 25, 2011. vii. Notice of Supplement Defendant- Tenant of Shannon & Kyle Love. Filed with the Court On August 25, 2011.

viii. ix. x. xi. xii. xiii.

xiv.

xv.

Affidavit of Charles Chuang. Filed with the Court on August 26, 2011. Affidavit of Kay Kim. Filed with the Court on August 26, 2011. Interrogatory for Tenants Full Name. Filed with the Court on August 26, 2011. Discovery for Owner to produce rental agreement. Filed with the Court on August 26, 2011. Plaintiffs Motion to file Defendants Name as The Tenant. File with the Court on August 26, 2011. Plaintiffs Motion to dismiss Defendants Motion to dismiss Plaintiff 3rd Cause of Action against Defendants Shannon Love and Kyle Love and Defendant-VECHOAs Oral Motion to dismiss Plaintiffs 2nd Cause of Action against Defendant Village at Eagle Creek Homeowners Association. Filed with the Court On August 29, 2011. Plaintiffs Motion for Court Injunction to Stop Defendants Shannon Love and Kyle Love and their Tenant from using leaking bathroom in the master bedroom at 4250 Village Parkway, Unit #6, Indianapolis, IN 46254. Filed with the Court On August 29, 2011. Plaintiff 4th response to Defendants Oral Motion to dismiss the Case. Filed with the Court On August 29, 2011.

9. The Judge ignored all the foregoing filings which were delivered in person to the Court. Affidavit from Charles Chuang (Item viii.) is attached for your reference. The Court refused to enter all my filings in the Case Chorological. I have requested to no avail for the Court to update the CCS with all the above filings. The CCS from the Small Clams Court is attached. I wanted to appeal against the corrupt verdict in the Civil Superior Court, the Small Claims Court Clerk told me to put the reasons for the Appeal. When I asked him for the Court Rule that requires reasons for an Appeal? He just said the Judge like it that way. 10. As a result of the Judge Corrupt judgment, the owners refused to fix the leak in their units. Water leaked from their unit on August 28, 2011, September 3 and 4, 2011. I have to call the Police and Health Department. The Health Department has issued a citation on September 8, 2011 for the owner of the above unit to fix the leak. See Attachment. 11. Judge Spears has been very hostile and unfair to me. Judge Spears is bias and prejudged my case. Judge Spears refused to accept my evidence and exhibits. Judge Spears ignored my filings and did not consider or review my pleadings. 12. Judge Spears is often intimidated and overwhelmed by the many Attorneys representing the Defendants. 13. Judge Spears seem to have a personal conflict of interest when he is ruling on cases represented by Attorneys. 14. Judge Spears behave in a very unprofessional manner, one unbecoming of an honest judge.

15. For the foregoing reasons I have requested for a change of Judge and/or Venue for my Cause No: 49K05-1107-SC-2611. The Judge refused to recuse himself from my case and insisted on holding an administrative hearing on September 13, 2011. 16. Due to Judge Spears corrupt judgment on August 29, 2011, Plaintiff, Kay Kim, Pro Se, continue to suffer from the damages. (See Attached Marion County Health Departments Citation for my upper units violation.)

I swear and affirm, under the penalties for perjury, that the foregoing statements are true.

Respectfully submitted,

September 9, 2011

_________________________ Kay Kim, Pro Se-Plainitiff 4250 Village Parkway Cir, #2 Indianapolis, In 46254 Tel: (317) 641-5977 Email: chang2597@gmail.com