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ALTER EGO
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ALTER EGO motion for a judgement to add a debtor calif civil procedure 187. there is no statue of limitations...Jun 18, 2014 - HN2 CA(2) (2) In the interests of justice, the “'“greatest liberality is to be encouraged”'” in the allowance of amendments brought pursuant to Code of Civil Procedure section 187. ... A Code of Civil Procedure section 187 motion to add a third party to a judgment offers the means to satisfy the original judgment. the alter ego clause... normally I would do it for me and then my business shawn c barry llc....or esqxxx but this time add the debtor of edd to case......where overpayment is the claim by court or<b> united states </font></b>and when it was reheard they didn't even eneed the department..... this would be to satisfy the original judgement as to the fees for processing the case and its administration...plus it then would allow fault as well fraud...since judgement is for the<b> united states... </font></b>then file for the later case as esqxxx or shawncbarry as alter ego.. to me this way I cant be subject to repayment while still under control of my employeer.... judgement creditor wonder if I could alter ego the state auditors audit as being me too? also edd benefits are income The law generally recognizes that disability payments replace income. ... The plain language of the CCPA's definition of earnings includes disability payments from a tax-qualified pension plan because they are "periodic payments pursuant to a pension or retirement program"periodic payments pursuant to a pension or retirement program." (6)“Earnings” means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program 5)“Disposable earnings” means that part of earnings remaining after all deductions required by law have been withheld § 3-302. HOLDER IN DUE COURSE. (a) Subject to subsection (c) and Section 3-106(d),"holder in due course" means the holder of an instrument if: (1) the instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and (2) the holder took the instrument (i) for value, (ii) in good faith, (iii) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series, (iv) without notice that the instrument contains an unauthorized signature or has been altered, (v) without notice of any claim to the instrument described in Section 3-306, and (vi) without notice that any party has a defense or claim in recoupment described in Section 3-305(a). (b) Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under subsection (a), but discharge is effective against a person who became a holder in due coursewith notice of the discharge. Public filing or recording of a document does not of itself constitute notice of a defense, claim in recoupment, or claim to the instrument. b) Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under subsection (a), but discharge is effective against a person who became a holder in due coursewith notice of the discharge. Public filing or recording of a document does not of itself constitute notice of a defense, claim in recoupment, or claim to the instrument. (c) Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken (i) by legal process or by purchase in an execution, bankruptcy, or creditor's sale or similar proceeding, (ii) by purchase as part of a bulk transaction not in ordinary course of business of the transferor, or (iii) as the successor in interest to an estate or other organization. (d) If, under Section 3-303(a)(1), the promise of performance that is the consideration for an instrument has been partially performed, the holder may assert rights as a holder in due course of the instrument only to the fraction of the amount payable under the instrument equal to the value of the partial performance divided by the value of the promised performance. (e) If (i) the person entitled to enforce an instrument has only a security interest in the instrument and (ii) the person obliged to pay the instrument has a defense, claim in recoupment, or claim to the instrument that may be asserted against the person who granted the security interest, the person entitled to enforce the instrument may assert rights as a holder in due course only to an amount payable under the instrument which, at the time of enforcement of the instrument, does not exceed the amount of the unpaid obligation secured. (f) To be effective, notice must be received at a time and in a manner that gives a reasonable opportunity to act on it. (g) This section is subject to any law limiting status as a holder in due course in particular classes of transactions. "Person entitled to enforce" an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 3-309 or 3-418(d). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument. § 3-306. CLAIMS TO AN INSTRUMENT. A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument. § 3-304. OVERDUE INSTRUMENT. (a) An instrument payable on demand becomes overdue at the earliest of the following times: (1) on the day after the day demand for payment is duly made; (2) if the instrument is a check, 90 days after its date; or (3) if the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade. (b) With respect to an instrument payable at a definite time the following rules apply: (1) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured. (2) If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date. (3) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date. (c) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal. (1)"Acceptor" means a drawee who has accepted a draft. (2)"Consumer account" means an account established by an individual primarily for personal, family, or household purposes. (3)"Consumer transaction" means a transaction in which an individual incurs an obligation primarily for personal, family, or household purposes. (4)"Drawee" means a person ordered in a draft to make payment. (5)"Drawer" means a person who signs or is identified in a draft as a person ordering payment. (6) [reserved] (7)"Maker" means a person who signs or is identified in a note as a person undertaking to pay. (  "Order" means a written instruction to pay money signed by the person giving the instruction. The instruction may be addressed to any person, including the person giving the instruction, or to one or more persons jointly or in the alternative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay.(9)"Ordinary care" in the case of a person engaged in business means observance of reasonable commercial standards, prevailing in the area in which the person is located, with respect to the business in which the person is engaged. In the case of a bank that takes an instrument for processing for collection or payment by automated means, reasonable commercial standards do not require the bank to examine the instrument if the failure to examine does not violate the bank's prescribed procedures and the bank's procedures do not vary unreasonably from general banking usage not disapproved by this Article or Article 4. (10)"Party" means a party to an instrument. (11) "Principal obligor," with respect to an instrument, means the accommodated party or any other party to the instrument against whom a secondary obligor has recourse under this article. (12)"Promise" means a written undertaking to pay money signed by the person undertaking to pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation. (13)"Prove" with respect to a fact means to meet the burden of establishing the fact (Section 1-201(b)( ).(14) [reserved] (15)"Remitter" means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser. (16) "Remotely-created consumer item" means an item drawn on a consumer account, which is not created by the payor bank and does not bear a handwritten signature purporting to be the signature of the drawer. (17) "Secondary obligor," with respect to an instrument, means (a) an indorser or an accommodation party, (b) a drawer having the obligation described in Section 3-414(d), or (c) any other party to the instrument that has recourse against another party to the instrument pursuant to Section 3-116(b). (b) Other definitions applying to this Article and the sections in which they appear are: "Acceptance" Section 3-409 "Accommodated party" Section 3-419 "Accommodation party" Section 3-419 "Account" Section 4-104 "Alteration" Section 3-407 "Anomalous indorsement" Section 3-205 "Blank indorsement" Section 3-205 "Cashier's check" Section 3-104 "Certificate of deposit" Section 3-104 "Certified check" Section 3-409 "Check" Section 3-104 "Consideration" Section 3-303 "Draft" Section 3-104 "Holder in due course" Section 3-302 "Incomplete instrument" Section 3-115 "Indorsement" Section 3-204 "Indorser" Section 3-204 "Instrument" Section 3-104 "Issue" Section 3-105 "Issuer" Section 3-105 "Negotiable instrument" Section 3-104 "Negotiation" Section 3-201 "Note" Section 3-104 "Payable at a definite time" Section 3-108 "Payable on demand" Section 3-108 "Payable to bearer" Section 3-109 "Payable to order" Section 3-109 "Payment" Section 3-602 "Person entitled to enforce" Section 3-301 "Presentment" Section 3-501 "Reacquisition" Section 3-207 "Special indorsement" Section 3-205 "Teller's check" Section 3-104 "Transfer of instrument" Section 3-203 "Traveler's check" Section 3-104 "Value" Section 3-303 (c) The following definitions in other Articles apply to this Article: "Banking day" Section 4-104 "Clearing house" Section 4-104 "Collecting bank" Section 4-105 "Depositary bank" Section 4-105 "Documentary draft" Section 4-104 "Intermediary bank" Section 4-105 "Item" Section 4-104 "Payor bank" Section 4-105 "Suspends payments" Section 4-104 3-308. PROOF OF SIGNATURES AND STATUS AS HOLDER IN DUE COURSE. (a) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under Section 3-402(a). (b) If the validity of signatures is admitted or proved and there is compliance with subsection (a), a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under Section 3-301, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim. IN OTHER WORDS IN THE COURT HEARING FOR OVERPAYMENT THEY SHOULD HAVE ACTUALLY PRODUCED THE ORIGINAL CHECKS. JUST AS A CONSUMER SHOULD REQUEST THAT ALL CHECKS WRITTEN BE RETURNED TO THE WRITER OF THE CHECKS IF NOT THEN AFTER 6 MONTHS THE ACCOUNT HOLDER SHOULD PLACE A STOP PAYMENT ON THE UNRETURNED CHECKS. NOW THE ORIGINAL CHECKS NON FAULT NON FRAUD WERE DEFINITLY DEFECTIVE. BECAUSE 1. THEY WERE SIGNED, 2. WERE THEY ISSUED AS ACCELERATED OR AS iii) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series...MEANING THE BANK BECAME THE HOLDER IN DUE CORSE.... AGAIN HOW COULD I BE A LITTLE AT FAULT IF I TOOK THE CHECKS THAT WERE SIGNED....IF THERE WAS ANOTHER INSTRUMENT ISSUED AS PART OF THE SAME SERIES....THEN PAYMENT OF THE FIRST COULD BE THE REST OF THE BALANCE IN THAT PARTICULAR CHECKING ACCOUNT.. recoupment - Legal Definition. n. A recovery of expenses; a reduction or withholding for legitimate reasons, of part or all of an owed amount; a defendant's right to have part of the plaintiff's claim reduced as the result of a breach of contract by same in the course of the same deal. Recoupment Law and Legal Definition. Recoupment is the setting forth of a demand arising from the same transaction as the plaintiff's claim, to abate or reduce thatclaim. It is the means used to determine the proper liability on the amounts owed. THE PAYEE ON AN INSTURMENT OWES A DEBT TO THE NAMED PAYOR. (SHAWN OWES EDD DEBT OF BENEFIT AWARD) IF A SUBSEQUENT HOLDER PRESENTS THE INSTRUMENT FOR PAYMENT, THE PAYOR MAY OFFSET THAT CLaim AGAINST PAYMENT TO THE HOLDER. (SO IF THE BANK ASK FOR PAYMENT OF THE CHECK THEN EDD COULD STOP PAYMENT ON IT AND THEN SHAWN WOULD NOT BE RESPONSIBLE FOR IT....THE PAYOR MAY OFFSET THAT CLaim AGAINAST THE PAYMENT TO THE HOLDER.. NOW IF I WAS A HOLDER IN DUE COURSE THEN THE INSTURMENT COULD NOT BE OFFSET FOR PAYMENT....IT HAS TO BE PAID........MEANING THAT IF THEY KNEW THEY WERE ISSUEING ANOTHER INSTURMENT IN THE SAME SERIES OR THAT THE CHECKS WERE OVERDUE OR DISHONNERED...THEN I WOULD NOT BE THE HOLDER IN DUE CORSE.ALSO MEANING THAT THEY AS THE DEPARTMENT COULD HAVE PRACTICED CHECK AND BALANCE BOOKKEEPING AND SIMPLY STOP PAYMENT ON THE BAD CHECKS BEING REPLACED BY THE GOOD ONES...THERE BY CREATING NO OVERPAYMENT ALSO BY CANCILING THEM THEY KEEP ANY OF THE WRITTEN CHECKS AS BEING EXAMPLE TO THE CONTRACT THAT WAS ESTABLISHED FOR THE PERIODIOC DISTRIBUTION OF FUNDS ....ONE CHECK WAS GOOD FOR ALL OF THEM... Reply, Reply All or Forward Send https://www.youtube.com/watch?v=f8aT9oRp95A 2 @4&20 |
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