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Timothy L. Hirou 3021 Ravoli Newport Beach, CA 92660 (949) 444-1723 In pro per

UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA SANTA ANA DIVISION IN RE TIMOTHY L. HIROU ) ) ) ) ___________________________________) TIMOTHY L. HIROU ) ) Plaintiff, ) ) Vs. ) ) IRVINE COMPANY, A CALIFORNIA CORP.;) NEWPORT BLUFFS, L.L.C., A ) CALIFORNIA L.L.C.; SANDRA S. ) HUTCHENS, ALSO KNOWN AS, SANDRA S. ) ANDERSON, DEBORAH BRAUN, ALAN ) CARLSON, COUNTY OF ORANGE, SUSAN E.) GREEK, KIMBALL, TIREY & ST.JOHN; ) AND DOES 1-100 ) ) Defendants. ) ___________________________________) Case No.:

Adversary Case No.: COMPLAINT (Damages for Deprivation of Civil Rights) DEMAND FOR JURY

COMES NOW Plaintiff, TIMOTHY HIROU, In pro per, and for the Complaint against Defendants, states as follows: JURISDICTION AND VENUE 1. Petitioner filed a voluntary Chapter 13 petition on , , commencing a reorganization case under Chapter 13, which is

pending and before the United States Bankruptcy Court for the Central
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District of California, Santa Ana Division. 2. The Civil Action is a civil proceeding related to the Chapter 13 case. The Bankruptcy Court presiding over the Chapter 13 case, pursuant to the general reference with respect to Title 11 cases in the Central Disrict of California, Santa Ana Division and 28 United States Code Section 157, has jurisdiction of each and every cause of action asserted in the Civil Action under 28 United States Code Section 1334. All such claims and causes of actions have a clear and direct impact on property of the estate under 11 U.S.C. 541. Resolution of the claims asserted in the Civil Action will significantly effect the administration of the estate and would involve the allowance or disallowance of the claims against the estate, counterclaims by the estate, attempts to obtain the property of the estate. All such proceedings are core proceeding under

Title 28 United States Code Section 157(A), (B), (C), (E), and (O). 3. Jurisdiction of this court arises under 42 U.S.C. 1983 in sequence and seeking damages and redress be declaratory and injunctive relief as well as the award of fees, if any, for the deprivation, under color of state law, or rights guaranteed by the United States Constitution and the First, Fifth and Fourteenth Amendments to the United States Constitution and for related common law and statutory claims under the laws of the Commonwealth of California. The Court

has jurisdiction over the Plaintiffs state law claims under U.S.C. 1367(a). 4. Venue is proper in the District pursuant to 28 U.S.C. 1391(b), because all of the Defendants reside or conduct business and litigation within this judicial district and all of the claims asserted by Plaintiffs arose within this District.
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THE PARTIES 5. Plaintiff, TIMOTHY HIROU is a natural person and the lessor

of the real property located at 3021 Rivoli, Newport Beach, California. 6. Defendant IRVINE COMPANY, is a California corporation. 7. Defendant NEWPORT BLUFFS, L.L.C. Inc. is a California L.L.C. 6. Defendant SANDRA S. HUTCHENS, ALSO KNOWN AS SANDRA SUE ANDERSON, is the public officeholder Orange County Sheriff, and is sued both in individual and official capacity. 7. Defendant DEBORAH BRAUN, is the officeholder of the Supervisor, of the civil process division of the Orange County Sheriff, and is sued both in individual and official capacity. 8. ALAN CARLSON is the public officeholder of the Clerk of the Superior Court of the State of California County of Orange, and is sued both in individual and official capacity. 9. Defendant KIMBALL, TIREY & ST. JOHN is a law firm 10. Defendant SUSAN E. GREEK is a natural person, an employee of the law firm of, KIMBALL, TIREY, & ST. JOHN, and an lawyer in the State of California. 11. COUNTY OF ORANGE, is a public county government of the State of California. 11. The party or parties who make this Complaint were within the jurisdiction of the United States of America and at all times alleged herein. The Defendants are sued individually and officially. FACTS COMMON TO ALL COUNTS 11. Each and every allegation set forth in each and every averment of this Complaint is hereby incorporated by this reference in
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each and every other averment and allegation of this Complaint. 12. Each plaintiff was deprived of an interest protected by the Constitution or laws of the United States, and defendants caused any such deprivation while acting under color of state law. 13. All acts or omissions alleged to have been engaged in by any defendant are alleged to have been engaged in with evil motive and intent, and in callous, reckless, and wanton disregard to the rights of any plaintiff. 14. Defendants SANDRA S. HUTCHENS, ALAN CARLSON, DEBORAH BRAUN, and the COUNTY OF ORANGE knowingly, or grossly negligently, or deliberately indifferently to the constitutional rights of persons within the jurisdiction of United States of America, maintained or permitted an official policy or custom of permitting the occurrence of the types of wrongs set forth herein below, and, based on the principles set forth in Monell v. New York City Department of Social Services 436 U.S. 658 (1978), is liable for all injuries sustained by any plaintiff as set forth hereinbelow THE FACTS 15. I Timothy Lee Hirou declare under penalty of perjury that the forgoing is true and correct regarding the factual statement of events that have lead up to this imminent irreparable harm situation that is looming before me and my entire family. On August 6th, 2013 I filed my Chapter 13 Bankruptcy to afford me the protection from the constant bombardment of creditors as a result

of the events that resulted in wrongful foreclosure and illegal from me and my wifes primary residence as well as preventing us from receiving rental income fromm other properties that were also caught up in possibly the biggest fraud in history that has been perpetrated
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against the citizens of the United States of America, namely the Securitized Trust Mortgage Backed Security Fraud which almost brought the entire financial world crumbling down in the 2008 and 2009 time frame. This issue is the subject of many documentaries and media coverage. The two most well know are the movie titled The Inside Job and the 60 Minutes Documentary titled The Next Housing Shock that aired on 4/3/11. The fraud perpetrated against my wife, my children myself is effectively the worst form of a mugging that I can think of. Not only was over a million dollars of cash taken from us (our down payments and all the 100s of thousands of dollars that were invested to present these new construction properties as a turn key product to buyers that interlopers are attempting to steal from us through illegal activities), we have been prevented from obtaining rental income from properties as a result of what has been proven to be completely fabricated documentation that has every signature proven to be a forgery as well as the alleged notary dates proving it could not have possibly occurred the way it is documented to have occurred. I respectfully direct the court to my wifes old Bankruptcy Case 8:10bk-22617 docket item number 139(e.g. Testimony by Forensic Document Examiner Eva Salzer). For the record, my wife bankruptcy case was wrongfully dismissed due to Procedural Due Process Rights violations. On 10/21/13 I filed a Notice of Stay of Procedings using Form CM180 with the Superior Court of California, Orange County Division in case number 30-201300680758-CL-UD-HNB because I was served with a notice that this Unlawful Detainer Case had been started by the law Firm representing Newport Bluffs, LLC (e.g. Kimball, Tirey & St. John LLP) the subdivision firm owned by the Irvine Company where I currently am domiciled. Specifically, my current apartment residence is 3021 Rivoli, Newport Beach, CA 92660 which is part of the Newport
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Bluffs Apartment Village Property controlled by Newport Bluffs, LLC entity owned by the Irvine Company. This shocked me because I had informed the on site property manager Renee Doll that Kimball, Tirey & St. John LLP has made a motion before the Honorable Judge Mark Wallace in my current Bankruptcy Case 8:13-bk-16732-MW and they were denied with prejudice. I informed her of this fact after the 14 day appeal period, knowing that the order which the Honorable Judge Mark Wallace entered on the docket on 9/23/13, docket item #8 had become Res Judicata. I explained this to Renee Doll. She told me that she would communicate what I had told her to their lawyers. Early last week, November 13 at 2 AM in the morning, upon returning from a business trip where I had to drive up to San Francisco, due to monetary constraints preventing me from buying a plane ticket, I found a Notice to Vacate affixed to my door, place there by the Orange County Sheriff. After obtaining some much needed sleep and conducting research, I went to the Orange County Sheriff Departments office at the Superior Court of California, Orange County Divisions Harbor Justice Center located at 4601 Jamboree Road, Newport Beach, CA 92660. I met with the acting Supervisor, Debbie Braun and informed her that their actions were in vilolation of Federal Bankruptcy Judge the Honorable Mark Wallaces Res Judicata Order to for Stay. I also informed her that the Superior Court case had been effectively removed to Federal Bankruptcy Court Jurisdiction on 10/21/13 when I personally filed CM-180 (e.g. Notice of Stay of Procedings) along with a copy of the docket from my bankruptcy case number 8:13-bk-16732-MW that showed the Honorable Mark Wallace had denied the motion by Kimball, Tirey & St. John LLP with prejudice and they did not appeal so therefore there is no way the Stay Order could not be in full force and effect because it was Res Judicata at this point. Please see my submitted Declaration about my Conversation with Debbie Braun of the Orange County Sheriff. After I met with Debbie Braun, I went to obtain a copy of the docket (e.g. The California Superior Court Register of Actions) from the clerk. Note: I had to pay for a copy because I could not obtain a digital copy of the Register of Actions even using the computers located in the Superior Court Clerks office. Upon studying the Register of Actions, I also obtained a copy of the CM-181 Form submitted by Susan E. Greek of Kimball, Tirey & St. John on 10/25/13 that stated the Stay of Honorable Mark Wallace had been lifted, thus constituting perjury upon the California Superior Court, Orange County Division, lying under oath. Note: This action had no force and effect anyway because the California Superior Court case had been effectively removed to Federal Bankruptcy Jurisdiction when I filed the Notice of Stay of Proceedings in this California Superior Court case 30201300680578-CL-UD-HNB on 10/21/13 using CM-180. All of the pertinent documentation substantiating this narrative is attached as Exhibit A. As a result of these recent illegal activities my family and I are in imminent danger of suffering further irreparable harm by literally being thrown out on the street. I Timothy Lee Hirou declare under penalty of perjury that the forgoing is true and correct regarding imminent irreparable harm based on the conversation that I documented in my Declaration about my conversation with Renee Doll, the on site property manager at Newport Bluffs Apartment Village located in Newport Beach, California which occurred this last Saturday, November 16th, 2013. In short, she told me that I needed to be ready to be somewhere else because my family and I
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are going to be locked out tomorrow, Tuesday November 19, 2013, despite my showing her that doing this would be in violation of existing Federal Bankruptcy Court Stay Order signed by the Honorable Mark Wallace in my Bankruptcy Case 8:13-bk-16732-MW. If this happens, my family and I will suffer further irreparable harm due to the disruption of my U.S. Constitutional 14th Amendment Right to Procedural Due Process in this bankruptcy proceeding, and my U.S. Constitutional 4th Right of illegal seizure of property, causing further damage to my wife already failing health as a result of increased stressed by being thrown out unto the street. My wife suffers from an autoimmune disorder that caused bleeding of her lower intestine when undue stress is inflicted up her person. The disruption of Gastrointestinal Tract (GI Tract) necessitates that she remain close to an accessible restroom that is clean and not potentially contaminated with germs as in the case of public restrooms because in addition to constant need to defecate, her overall immune system is comprised. In fact, having to going to the hospital is a potential very dangerous situation due to the common germs (staff and MRSA flesh eating bacteria) that can infect her open sores (Dermatitis Herpetiformis)which are also caused by her autoimmune disorder that furthered by increased stress levels. In addition, our childrens schooling will be disrupted as a result of having no stable living environment. Lastly, my ability to earn a living to provide for my familys needs will be severely impacted as a result of my inability to properly communicate with co-workers and colleagues in addition to the amount of time that will be required for me to try and assuage the emotional trauma that would be inflicted by 4 people living out of a 4 person car. COUNT ONE 21. At all times the rights of persons within the

jurisidiction of the United States of America under Amendment IV, to the United States Constitution to be secure in home, person, and effects against unreasonable searches and seizures, as stated in

Soldal v. Cook County, Ill., 506 U.S. 56, 113 S.Ct. 538, 121 L.Ed.2d 450, (U.S.Ill. Dec 08, 1992)and any defendant engaged in conduct, as set forth in averment 15, which violated those Fourth Amendment rights thereby violated the Fourteenth Amendment to the United States Constitution, and entitles any plaintiff to recover damages under the authorization of 42 U.S.C. 1983. COUNT TWO 21. At all times the rights of persons within the

jurisidiction of the United States of America under Amendment V, to


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the United States Constitution to the right to procedural and substantive due process of law was in force and effect, including the right to notice and opportunity to be heard. The

opportunity to present evidence, before an impartial tribunal having jurisdiction of the cause, fundamental fairness, access to the courts, The right to be free from arbitrary and capricious acts, (Williams v. Tooke, 108 F.2d 758 (C.C.A.5 (Tex.),Jan 09, 1940)) And any defendant who violated those Fifth Amendment rights, thereby violated the Fourteenth Amendment to the United States Constitution, and entitles plaintiff to recover damages pursuant to 42 U.S.C. 1983. Defendants conduct proximately caused harm to plaintiff.

DEFENDANTS SANDRA S. HUTCHENS, ALAN CARLSON, DEBORAH BRAUN, COUNTY OF ORANGE has and fosters a policy in violating the Fourteenth Amendment right to due process and took no action to correct it. 22. That as a direct proximate result of the acts and

ommissions of the DEFENDANTS, and each of them, PLAINTIFF has been damaged in the amount of at least $20,000,000, according to proof at trial. PRAYER FOR RELIEF WHEREFORE, Plaintiffs Timothy L. Hirou demand and pray for judgment to be entered in their favor and against Defendants as follows: 1. On Count I, a finding that the acts and omissions of DEFENDANTS, and each of them, was in violation of 42. U.S.C. 1983 and is therefore contrary to law. 2. An Entry directing DEFENDANTS, and each of them to A. Pay $20,000,000 to Plaintiff B. Pay interest at the statutory rate from January 31, the date of filing of this Complaint.
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3. An injunction on the continuing activities of DEFENDANTS and each of them in the underlying matter. 4. Provide Plaintiffs any and all other relief that the Court deems just and proper.

Dated: November 18, 2013 ________________________________ TIMOTHY L. HIROU PLAINTIFF, In pro per

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EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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EXHIBIT D

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EXHIBIT E

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EXHIBIT F

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EXHIBIT G

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EXHIBIT H

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EXHIBIT I

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PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE: I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my address is 210 White Cape Lane, Newport Beach, CA 92656.

On November 15, 2011, I served the foregoing document described as: COMPLAINT DAMAGES FOR DEPRIVATION OF CIVIL RIGHTS

on the interested parties in this action by placing true copies thereof enclosed in (a) sealed envelope(s) addressed as follows: Office of the United States Trustee 411 West Fourth Street, Suite 9041 Santa Ana, California 92701-8000 Chapter 13 Trustee, Amrane Cohen 770 The City Drive South, Suite 3300 Orange, California 92868

I deposited this envelope in the United States Postal Service Mail at Newport Beach, California. The envelope was mailed with first class postage thereon fully prepaid. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

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___________________________ Signature

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