Kyc Company Litigation (2023-12-29)
Summary
Lance Delon Alvarado filed this complaint on 12/29/23 in the Eastern District of California (Case 2:23-cv-03041-TLN-CSK, Document 1, 366 pages) against the California Unemployment Insurance Appeals Board (CUIAB), EDD and all unknown parties. It seeks Pandemic Unemployment Assistance under the CARES Act and puts the amount in controversy at $14637.00 in California PUA benefits, plus court costs and attorney fees. The complaint says Alvarado learned of PUA at an IRS interview in late July 2021, applied to EDD on August 22, 2021 and asked for benefits back to March 2020. It says Alvarado won a CUIAB appeal finding Alvarado 'eligible for benefits payable', and asks only for the added $600 weeks, later cut to $300. The jurisdiction section cites laws from the False Claims Act to the Securities Act of 1933 and the Universal Declaration of Human Rights.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
- Date
- 2023-12-29
Cite this document
“Kyc Company Litigation (2023-12-29).”
Original at storage.courtlistener.com, dated 2023-12-29. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-12-29-kyc-company-litigation/
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 1 of 366
UNITED STATES OF AMERICA .
Lance Delon Alvarad
ance tecton varace Complaint for Restatement (third)
In proper person Civil Case
(Write the full name of each plaintiff who is filing (to be filled in by the Clerk's Office)
this complaint. If the names of all the plaintiffs
cannot fit in the space above, please write “see Jury Trial: x Yes [J No
attached” in the space and attach an additional page (check one)
with the full list of names.)
-against-
California Unemployment Appeals Board_ F i L Ee D :
Employment Development Division
All Unknown Intra State Parties DEC 29 2023
’
\ pistRICT COURT
EASTERN sake OF CALIFORNIA
BY
DEPUTY CLERK
(Write the full name of each defendant who is being
sued. If the names of all the defendants cannot fit
in the space above, please write “see attached” in
the space and attach an additional page with the
full list of names.)
1. The Parties to This Complaint A. The Plaintiff(s)
Provide the information below for each plaintiff named in the complaint. Attach
additional pages if needed.
Name 1. UNITED STATES OF AMERICA
2. Lance Delon Alvarado
Mailing Address is
803 Evergreen # A
City of Wheatland
In the County of Yuba
California 95692
___(775) 899-2632
Street Address
City and County
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 2 of 366
State and Zip Code
Telephone Number
B. The Defendant(s)
Provide the information below for each defendant named in the complaint,
whether the defendant is an individual, a government agency, an organization, or
a corporation. For an individual defendant, include the person’s job or title (if
known). Attach additional pages if needed.
Defendant No. |
Name California Unemployment Insurance Appeals Board
and Contracted Intra State Cooperation Agreements
Factually Caused And In Issue And In The Scope Of
Liability (CUIAB)
2400 Venture Oaks Way Suite #300
City of Sacramento
County of Sacramento
Sacramento 944275
(916) 263-6783
Job or Title (if
known)
Street Address
City and County
State and Zip Code
Telephone Number
Defendant No. 2
Name California Unemployment Development Department.
and Contracted Intra State Cooperation Agreements
Factually Caused And In Issue And In The Scope Of
Liability (EDD)
722 Capitol Mall #5098
City of Sacramento
County of Sacramento
Sacramento 95814
1 (800) 560-3616
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 3 of 366
Job or Title (if
known)
Street Address
City and County
State and Zip Code
Telephone Number
Defendant No. 3
Name
Job or Title (if All Unknown Parties and Contracted Intra State
known) Cooperation Agreements Factually Caused And In
Issue And In The Scope of Liability (A.U-P)
Street Address
City and County Whereabouts
Unknown
To
Plaintiff
Bringing
Cause
In
Action
State and Zip Code
Telephone Number
Defendant No. 4
Name
Job or Title Gf
known)
Street Address
City and County
State and Zip Code
Telephone Number
il.
il.
iil.
IV.
Vil.
IX.
XI.
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 4 of 366
Basis for Jurisdiction
Federal Courts are courts of limited jurisdiction (limited power). Generally, only two
types of cases can be heard in Federal Court: cases involving a federal question and cases
involving diversity of citizenship of the parties Under 28 U.S.C. § 1331, a case arising
under the United States Constitution or federal laws or treaties is a federal question case.
Under 28 U.S.C. § 1332, a case in which a citizen of one state sues a citizen of another
state or nation and the amount at stake is more than $75,000 is a diversity of citizenship
case. In a diversity of citizenship case, no defendant may be a citizen of the same State
as any Plaintiff
What is the basis for Federal Court jurisdiction? (check all that apply)
X Federal question X Diversity of citizenship
Fill out the paragraphs in this section that apply to this case.
A. If the Basis for Jurisdiction Is a Federal Question
List the specific federal statutes, federal treaties, and/or provisions of the United
States Constitution that are at issue in this case. Including but not limited to:
i. Universal Declaration of Human Rights Bill (1948)
ii. Title II] of the Superfund Amendments and Reauthorization Act of
1986, 8 USC 1154
The Securities Act of 1933
Article VI paragraph 2 of the US Constitution,
Articles of Confederation and Bill of Rights,
Pandemic Unemployment Assistance under the Coronavirus Aid, Relief and
Economic Security Act, Public Law 116-136, section 2110, 2102(a)(3)(A)(ii) (March
27, 2020)
Code of Federal Regulations, title 22, section 625.5(c) (TRA),
18 USC 211, 232, 350, 346(b)(2), 1341, 1589, 1590, 1591, 3731
Rehabilitation Act 1973 29 U.S.C section 701 et seq., 502, 504, 508, 510
Article iV, Section | of the Constitution, 31 U.S.C. §§ 3729-33 with anti-
fraud requirements in 3729 and qui tam provisions in 3730,
False Claims Act (FCA), 31 U.S.C. §§ 3729 — 3733,
22 CFR 93.2,
29 CFR 22
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 5 of 366
Section 5003 BBA (2018) Public Law 115-123
35 CFR 111 patent writing regarding intra state privileged party intrusion.
Insurance Frauds Prevention Act (“IFPA’), located under Section 1871.7 of the California
XIU.
XIV. Due Process
XV.
“Wharton’s Rule”
XVI. —-: 14th Amendments US Constitution
XVII.
Insurance Code
B.
If the Basis for Jurisdiction Is Diversity of Citizenship
1. The Plamntifi(s)
a.
If the plaintiff is an individual
The plaintiff, (name) Lance Delon Alvarado is a citizen of the
United States of America
If the plaintiff is a corporation
The plaintiff, (name) Lance Delon Alvarado is not a Corporation,
yet is under all US laws and Reserved Rights including freedoms
and protections granted there in by way of Special Appearance
in and for actions including but not limited for the Recovery of
Federal Interests and for recovery of in person damages
factually caused in issue and in the scope of liability involving
issues brought forth including but not limited in this complaint, is
incorporated under the laws of the State of (name) California and
has its principal place of business located within the State of
(name) California
(If more than one plaintiff is named in the complaint, attach an additional
page providing the same information for each additional plaintiff.)
2. The Defendant(s)
a.
If the defendant ts an individual
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 6 of 366
The defendant's, Using employees that are Public Servants and
are/is a citizen/s of the State of (name) A.U.P by the Plaintiff Or
is a citizen of (foreign nation) A.U.P by the Plaintiff.
b. If the defendant is a corporation
The defendants named CUIAB within proper jurisdiction of issues
in complaint and incorporated under the laws of the CA UI Code
Ca Government Code 8567 8627 and 8665 and orders in
regards to Factually Caused In Issue Or In The Scope Of
Liability and has its principal place of business in the state of
California Or is incorporated under the laws of the state of
California, UI Ca code 410 (37 Ops.Cal. Atty. Gen. 133) (precedent
decisions B-10 and P-T-13), Pandemic Unemployment Assistance
under Coronavirus Aid, Relief, and Economic Security Act,
Public Law 116-136, section 2102(a)(3)(A)(ii)(March 27, 2020)
Code of Federal Regulations title 22 section 625.5(c) and has its
principal place of business in The United States Of America
The defendants EDD within proper jurisdiction of issues in
complaint and incorporated under the laws of the state of
California, Ca UI Code section 410, (37
Ops.Cal.ATTY.Gen.133), Pandemic Unemployment Assistance
under the Coronavirus Aid Relief, and Economic Security Act,
Public Law 116-136, section 2102(a)(3)(A)(ii)(March 27, 2020),
Code of Federal Regulations, title 22, section 625.5(c)
Contracted Intra State Cooperation Agreements Factually
Caused In Issue And In The Scope Of Liability limited fo
California and has its principal place of business in the United
States of America. Or is incorporated under the laws of The
United States of America, and has its principal place of business
in The United States of America.
The defendants named AN Unknown Parties (AUP) and Intra
State Parties Contracted Intra State Cooperation Agreements
Factually Caused and In Issue and In The Scope Of Liability
including but not limited to Unemployment Claims Factually
Caused and In Issue and In The Scope Of Liability within
proper jurisdiction of issues in complaint and incorporated under
the laws of the AUP Contracted State Intra State Cooperation
Agreements Factually Caused including but not limited to
California In Issue And In The Scope Of Liability and has its
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 7 of 366
principal place of business in the United States of America. Or is
incorporated under the laws of The United States of America,
and has its principal place of business in The United States of
America.
(If more than one defendant is named in the complaint, attach an
additional page providing the same information for each additional
defendant.)
(A) The Amount in Controversy: including but not limited to
(B) California Unemployment Insurance PUA amounting to $14637.00
(C) Other Considerations including but not limited to overall relief of
Court costs and attorney fees associated during and following Summary
Judgment in favor of Plaintiff and Plaintiff’s Bi Furcation of Actions
request with Jury Trial for culpability factually caused amounts to be
awarded on presumption the Court orders Mediation of Parties and such
mediation fails for an agreed settlement amount for early resolution
purposes Plaintiff having Judicial Economy in mind.
e Section 3805 of title 31 U.S.C., authorizes judicial review by an
appropriate United States District Court of a final decision of the
authority head imposing penalties or assessments under this part and
specifies the procedures for such review.
(1) Initial decision means the written decision of the ALJ required by §
22.10 or § 22.37, and includes a revised initial decision issued
following a remand or a motion for reconsideration and incompliance
with the laws set forth including but not limited to laws mentioned
above:
(s) Statement means any representation, certification, affirmation,
document, record, or accounting or bookkeeping entry made—(1)
With respect to a claim or to obtain the approval or payment of a claim
(including relating to eligibility to make a claim against the
Defendant(s) or (2) With respect to (including relating to eligibility
for)— (i) A contract with, or a bid or proposal for a contract with; or
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 8 of 366
(1i) A grant, loan, or benefit from, the authority, or any State, political
subdivision of a State, or other party, if the United States Government
provides any portion of the money or property under such contractor
*for such grant, loan, or benefit, or if the Government will reimburse
such State, political subdivision, or party for any portion of the money
or property under such contract or for such grant, loan, or benefit. [52
FR 48492, Dec. 22, 1987, as amended at 61 FR 19985, May 3, 1996;
72 FR 37098, July 9, 2007; 86 FR 1781, Jan. 11, 2021]
The Attorney General has exclusive authority to compromise or settle
a case under this part during the pendency of any review under § 22.42
or of any action to recover penalties and assessments under 3] U.S.C.
3806.
(t) “Intendment” has the meaning as used and can be found within
Black’s Law Dictionary 3 Pocket edition. (note: persons continuing
to question intellectual property of the Plaintiff probably need a lesson
as to their own?)
(u) “GOD” has the meaning as all living person’s individual belief in
“GOD” and in being free from any discrimination and not be
oppressed for “believing in” either “intelligent design” based “maker”
or “Theory of Creatism” in reference to “Big Bang” and All other
individual persons “GOD Given” right to believe in “IS”.
Plaintiff Hereby “Pledges Allegiance to the Flag of the United States
of America and to the Republic for which It Stands One Nation under
GOD Indivisible with Liberty and Justice For All!”
Ill. Statement of Claim
Write a short and plain statement of the claim. Do not make legal arguments. State as
briefly as possible the facts showing that each plaintiff is entitled to the damages or other
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 9 of 366
relief sought. State how each defendant was involved and what each defendant did that
caused the plaintiff harm or violated the plaintiff’s rights, including the dates and places
of that involvement or conduct. If more than one claim is asserted, number each claim
and write a short and plain statement of each claim in a separate paragraph. Attach
additional pages if needed.
1.
Any argument based on and in adverse to this Complaint having deadline breeches:
In Reply the Plaintiff believes he has to file this complaint and is based on the 4 years
deadline to bring a complaint against the USA Government. Date being from the time
Plaintiff first became aware of and time to seek those benefits offered and applied to
the first date when plaintiff filed for relief under the Pandemic Unemployment
Assistance claim seeking benefits being 4yrs from the date of an appointment
Plaintiff attended at the IRS Federal Building located in Reno Nevada when Plaintiff
first became aware of the PUA benefits being offered and no other time limits are to
be in considered even the 4 year end of PUA comes near. That time of 4 years is being
July 2024. And is nowhere even close to being or having lapsed.
Plaintiff became aware of the PUA Assistance while attending an IRS interview to
verify his identity in late July 2021.
Plaintiff sent in an application for PUA Assistance to the Defendant EDD. AUGUST
22, 2021.
Plaintiff requested a retro effective date to be applied to the in issue claim March
2020 when his unemployment began and allowed under the title 22 FCR
Plaintiff has not applied for extended benefits. Plaintiff only asking for the added
$600 weeks directed that number reduced to $300 weeks that was allowed by the
President.
Damages exceeding and shown within record are reasonable and logical and caused in
the course of actions “locus standi”
Plaintiff went through ALJ hearing that was Appealed by Defendant CUIAB
Plaintiff won Appeal in decision dated Sep 23" 2022 from CUIAB “ eligible for
benefits payable”
Thus evidenced in Exhibits Index accordingly and attached as Exhibit “A” page 4
10
. Case 2:23-cv-03041-TLN-CSK Documenti1 Filed 12/29/23. Page 10 of 366
10. Exhibit “B” is admitted for review of the CUIAB having reversed its own prior
11.
12.
13.
14.
15.
16.
17.
decision and is in violation of rules set within page 4 of Exhibit “B” and is also within
Exhibit “A” page 5 titled “Further Appeal Information”
The Plaintiff is fully aware of the contemptuous nature of the following statements if
its interpretation are misunderstood and begs for excused neglect from the Court if the
Court feels the Plaintiff is being in contempt.
The Plaintiff assuring the Court that the Plaintiff has the highest and deepest respect
and in no way 1s the Plaintiff mocking or disrespecting the Court or the Parties in any
way.
While those having interest in The Court’s decision and wish to adjourn to intercourse
while debating the correct decisions in its findings on what awards regarding
Plaintiff’s claim and how easily this complaint is decided upon.
Extending over the course of time and how those discussions will roll over into panel
discussions having great weight and influence
During which time and for all Branches of Government where that question of
intelligence, actions taken of those being accused, judgment in satisfactory monetary
amounts of the total awards “in issue damages” and who ts liable for causing the
delay, and who is to be found “liable for culpable negligence factually caused” and
held accountable for the remaining amounts of any awarded damages arising and
continuing until a satisfactory amount is offered and accepted for early resolution
during negotiations where mediation may be ordered.
Amongst these determining factors Plaintiff is fully aware of the Court’s entire scope
of this action bemg “am, is, are, was, were, be, being, been, have, has, had, do,
does, did, may, might, must, can, could, will, would, shall, and should the Court
find and determining the Plaintiff's request and seeking an appropriate amount for a
just judgment within the Plaintiff’s Complaint(s) when, not tf, due process according
to the rules of evidence are admitted.
An amount that is incontestable and justified! Not for any form of pressuring those
making their determination nor is any attempt made to cause a public outrage by the
Plaintiff who seeks only a fair and just accounting and will determine its satisfaction
to resolve any attempts by any of the Parties who may seek an appeal by either sides
in interest. And those who might be held to repay those amounts.
1]
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 11 of 366
18.
19.
20.
21.
22.
Plaintiff wishes those reviewing to consider an adage Plaintiff’s Grandmother had
relayed amongst the many stories shared before her passing and thus questioning the
Plaintiffs intelligence and if researched properly would find Plaintiff’s lineage is
quite vast!
Extending through out many Published Articles and Books as fiction and non fiction
stories located on uncountable shelves within the archives of literature including those
of Law, and genealogy
A fact after any investigation. Thus when final analysis is performed the Court will
make their determination with a fair amount while basing that amount by today’s
standards of economic finalizing.
After a short tale shall be comprehended from the highest of those in society to the
vast outnumbering and common form of status which I personally am induced to
reside in this most unfortunate moment in history.
One who is trying to stay warm yet by far not illiterate to say the least, nor do I wish
to pass judgment to those as to how one perceives their own knowledge in any social
setting and the language and vocabulary being thus used. So All the world may
“understand”!
Plaintiff’s Intendment:
There are 3 forms of branches that make up a government and always at debate. Where
each branch currently sits in form of this debate 1s who 1s, and always be in charge of
running the entire body and are always seeking praise and recognition:
1.
The 1* is the Brain, the 2 the Heart, and 3“ is the Stomach. Always arguing who
pray tell is running the body?
Where those readers may place one another within this tale is not up to the Plaintiff
nor does the Plaintiff wish any reader be contemptuous upon his person in making
their determination.
Only that the one reader put themselves as one of the three forming a single body in
perspective. As an individual in whole. So that any reader may immerse themselves
while reading.
The brain argues: “If not for me one could not think and therefore how would the
heart know to pump blood or to even eat? Therefore I should be in charge!”
12
_. Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 12 of 366
10.
12.
13.
The heart then replies “If not for my pumping blood through out the body the brain
would not receive oxygen nor the sustaining nutrients to survive and how would the
stomach be even able to digest food? So I should be in charge!
The stomach laughs and says gentlemen please if I may? If I did not break up the
food and distribute it through the body how could the blood even carry what both of
you need to survive! Therefore it is I the stomach who is the true leader and that is
why I should be running the Body!
Now as these 3 continue for days on end one day the brain says I cannot think it is to
hot I cannot regulate the temperature properly I don’t know what to do? The heart
Says it’s not my fault I cannot beat steadily and cannot slow my pace? The stomach
somebody do something I’m going to vomit and if something is not done quick the
Body is going to perish help!!
That 1s when the three above hear a trumpet sounding while breaking the wind and In
comes a foul smell the 3 have been ignoring! All earlier cries to enter the debate have
been silenced!
The Colon loudly and directly stopping all! Now in demand of the attention thus
received!
“You see” the colon gently barks out as the gust of wind glides effortless through the
doors and fills the air! Deafening the halls being used and now breeched the doors
kept closed for reasons of debate!
“While you three continue arguing I the Colon have shut down! Where I will no
longer listen to the three of you until all three of your worthless mouths stop arguing
and finally work together! Being the only incontestable fact that if not for me the
Colon all three of you and this entire body would whither away and die!
Base this tale while you still ponder your discussions as to the intelligence of the
Plaintiff’ and the evidence that is contained and indexed properly in review. While
deciding an award that is fair and just.
Index of Exhibits are attached and categorized for review
13
», Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 13 of 366
IV. Certification and Closing
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my
knowledge, information, and belief that this complaint: (1) is not being presented for an
improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the
cost of litigation; (2) is supported by existing law or by a nonfrivolous argument for
extending, modifying, or reversing existing law; (3) the factual contentions have
evidentiary support or, if specifically so identified, will likely have evidentiary support
after a reasonable opportunity for further investigation or discovery; and (4) the
complaint otherwise complies with the requirements of Rule 11.
I agree to provide the Clerk’s Office with any changes to my address where case
related papers may be served. I understand that my failure to keep a current
address on file with the Cleys Office may result in the dismissal of my case.
Date of signing: / 2/ FF , 20. 2
Signature of Incorporated Issuer and the Plaintiff above named: Lance Delon Alvarado while in
Special Appearance and acting in Proper Person: a Oe
Printed Name of Plaintiff: Lance Delon Alvarado
14
_ Case 2:23-cv-03041-TLN-CSK Documenti Filed 12/29/23 Page 14 of 366
IN PROPER PERSON
Lance D Alvarado
Mailing Address:
803 Evergreen # A
City of Wheatland
County of Yuba
California 95692
(775) 899-2632
delonlalvarado@gmail.com
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF
CALIFORNIA
Gasd 2:24
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-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 15 of 366
Lance Alvarado
803 Evergreen
Wheatland
County Yuba
Ca 95692
(775) 899-2632
delonlalvarado@ gmail.com
EXHIBITS INDEX
A. California Unemployment Insurance Appeals Board Decision case# 460751 dated the
day of September 2022 in total pages numbering 12.
B. California Unemployment Appeals Board Decision case# 471295 dated the 27" day 0
June 2023 in total pages numbering 12
C. Any and all Unknown affiliated reports arising out of the list below and are adverse ar
Unknown to Plaintiff and are being used or associated with the continued delay of the
PUA Unemployment Insurance the Plaintiff was found eligible.. Plaintiff hereby
complains of all Culpable Negligence In Issue In damages for Defamation of Characte
Including but not limited to the examples below:
1. NEVADA STATE BAR ASSOCIATION
2. State of Nevada
3. Washoe County
4. Washoe County School District
5. UNIVERSITY OF NEVADA RENO OR UNR
6. UNR Athletic Camera Crews
7. ESPN/Disney
8. City of Sparks
9. Community Organizations formed from branches of State Governments including
deemed “domestic violence” and “elderly caregiving” and conducting operations arisir
Nevada Courts and Judgements and State of Nevada Statutes in direct conflict wit)
Constitutional Common Law Bill of Citizen Rights and are funded using Federal Trust
are obviously being used in racketeering of Federal Securities by the Judicial Bran
Departments associated within defining “Corporate Insider Trading” Verbatim in defir
a Federal Crime under Human Trafficking and Sales of Slaves for personal and Corpc
and gains
10. Sparks Police Department
11. Sparks Justice Court
12. Sparks Municipal Court
13. Supreme Court of Nevada
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ASe 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 16 of 366
14. Liberty Mutual Insurance
15. Farmers Insurance
Agencies total of 4 agencies may be specific
16. Second Judicial District Court In and For The County of Washoe
17. Burning Man corporate coordination committee planners agents attendees including insurance}
providers
18. Nevada Rodeo
19. Nevada Gaming Commission
20. Nevada Insurance Commissions
21. State of Nevada Retirement Advisory Committee
22 .Possible Christian Religious organizations unknown to plaintiff
23. Robert Bell Nevada State Bar licensed attorney
24. District Attorneys of Nevada
25. Religious Organizations, Corporate or Otherwise not held harmless by Plaintiff
26. All Corporations Seeking Advertisements For Profit using communications via air, televised,
radio, satellite, or further based individual profiteering for corporate gain and to kill the Fascist
Party Hate Belief once and for ALL!
27. THE SUPREME COURT OF THE UNITED STATES OF AMERICA IN ITS OWN
RULING THAT EVERY AMERICAN IS TO PURCHASE INSURANCE! INDIVIDUAL
AUTO INDIVIDUAL MEDICAL, INDIVIDUAL HOMEOWNER!
UNEMPLOYMENT INSURANCE!
The Plaintiff hereby admits into evidence For the Courts review as
EXHIBIT C
Case
10
12
13
14
15
16
1?
18
19
20
21
22
23
24
25
26
27
28
4
2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 17 of 366
EXHIBIT
CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS
BOARD DECISION
CASE# 460751
Dated
September 21% 2022
Numbering
12
pages
. Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 18 of 366
=, == CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD
— VDA SS P O Box 944275
>= ee SACRAMENTO CA 94244-2750
LANCE D ALVARADO Case No.: AO-460751 (PUA)
Claimant-Appellant
OA Decision No.: 7172770
EDD: 0250
DECISION
Attached is the Appeals Board decision in the above-captioned case issued by Board
Pane! members:
LAURA KENT-MONNING
MICHAEL ALLEN
This is the final decision by the Appeals Board. The Appeals Board has no authority to
reconsider this decision. If you disagree with the decision, please refer to the information
attachment which outlines your rights.
LANCE D ALVARADO
5719 MAYO CT
SUN VALLEY, NV 89433-7036 Date Mailed: 9/21/2022
“Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 19 of 366
Case No.: AQ-460751
Claimant: LANCE D ALVARADO
The claimant appealed from the decision of the administrative law judge that held
the claimant was not eligible for Pandemic Unemployment Assistance under the
Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136, section
2102(a)(3)(A)(ii) (March 27, 2020) and Code of Federal Regulations, title 22,
section 625.5(c).
ISSUE STATEMENT
We adopt the administrative law judge's issue statement.
FINDINGS OF FACT
We adopt the administrative law judge's findings of fact, with the exception of the
words “but no compensation.” We add the following.
In addition to room and board, the claimant’s employer agreed to pay for tuition
for the claimant to attend paralegal courses.
When the claimant returned to his place of work after the stay-at-home order was
lifted in California, he was locked out of his place of work, which was also the
place where he lived. The claimant’s possessions were outside the door, and
there was a notice on the door stating that there was no entry due to Covid-19.
The person for whom the claimant provided caregiving services was high risk for
Covid-19.
The person for whom the claimant provided caregiving services had paid part,
but not all of the claimant's tuition for paralegal courses.
REASONS FOR DECISION
We adopt the paragraphs one, two, five, and six of the administrative law judge's
reasons for decision and add the following in reversing the appealed decision.
Section 1336 of the Unemployment Insurance Code provides, in part, that the
Appeals Board may affirm, reverse, modify, or set aside the decision of the
administrative law judge.
AO-460751 2
* “Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 20 of 366
For purposes of sections 1252 and 1279, “wages” includes any and all
compensation for personal services, including work as an independent
contractor. (Unemployment Insurance Code, section 1252(c) and 1279(c).)
In this case, the claimant received compensation for personal services in the
form of room and board, as well as paymeni of tuition. This constitutes wages.
Assuming the claimant was an employee, his place of employment closed as the
direct result of Covid-19 in that he was locked out due to the Covid-19 public
health emergency. (Section 2102 (a)(3)(A)(ii)(I)(ij).) Assuming the claimant was
an independent contractor, the claimant also stopped working due to the
pandemic. (Section 2102 (a)(3)(A)(ii)(!)(kk).) Accordingly, the claimant is eligible
for benefits under sections 2102(a)(3)(A)(ii)(1)(jj) and Section 2102
On appeal, the claimant argues that his claim should be backdated. This issue is
not before us and must be addressed by the Employment Development
Department (EDD). The California Unemployment Insurance Appeals Board is
separate from the EDD. Should the claimant wish to backdate his claim, he must
contact the EDD. The EDD may be reached by telephone at 1-800-300-5616,
online at www.edd.ca.gov/unemployment, or by mail at EDD, P.O. Box 826880-
UIPCD MIC40, Sacramento, CA, 94280-0001.
The claimant also argues on appeal that the record is incomplete and requests
additional documents. We decline the claimant's request in that there are
sufficient documents on which to base this decision on the record as it stands.
The claimant also asserts argumenis based on various contractual theories
(unjust enrichment, color of law, impossibility, unconscionability, excuse of
performance, error in judgement, anticipatory repudiation or breach, detrimental
reliance), and also on res ipsa loquitur. We do not find these arguments to be
applicable to the issue before us.
The claimant also argues on appeal that he was not paid all the monies due to
him by the person for whom the claimant provided caregiving services. The
claimant's work was performed in Nevada. For information on collecting unpaid
wages, the claimant can look at the Nevada Labor Commissioner website
located at httos://labor.nv.gov/About/Forms/FORMS FOR EMPLOYEES/ or call
(775) 684-1890.
The claimant makes substantially the same contentions as those made during
the hearing. These arguments were considered by the administrative law judge
and treated adequately. After carefully studying the record, we cannot say that
the administrative law judge’s findings are against the weight of the evidence.
AQ-460751 3
*” “Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 21 of 366
Therefore, the findings will not be disturbed on appeal. (Precedent Decisions P-
B-10 and P-T-13.)
The claimant has submitted additional evidence and requests that we consider it.
The additional evidence is the claimant’s June 23, 2022 Social Security
Statement, a Stratford Career Institute bill dated January 20, 2020, an August 21,
2021 letter from the EDD regarding the claimant’s online account, and an
undated notice from the EDD to the claimant regarding the end of the Federal
Pandemic Unemployment Assistance and Pandemic Additional Compensation
Programs. In these adjudicative proceedings, any relevant evidence may be
admitted if it is the sort of evidence on which responsible persons are
accustomed to relying on in the conduct of serious affairs, regardless of the
existence of any common law or statutory rule which might make improper the
admission of such evidence over objection in civil actions. (Cal. Code Regs., tit.
22, § 5062(e).) We decline to admit the additional evidence as the documents
are not relevant to the issue before us.
DECISION
The decision of the administrative law judge is reversed. The claimant is eligible
for Pandemic Unemployment Assistance under the Coronavirus Aid, Relief, and
Economic Security Act, Public Law 116-136, section 2102(a)(3)(A)(ii) (March 27,
2020) and Code of Federal Regulations, title 22, section 625.5(c). Benefits are
payable provided the claimant is otherwise eligible.
AOQ-460751 4
‘” “Case 2:23-cv-03041-TLN-CSK Document1_ Filed 12/29/23 Page 22 of 366
FURTHER APPEAL INFORMATION
The Appeals Board’s decision is final and can be changed only by action of a judicial
court. (Unemployment Insurance Code section 410.) The Appeals Board cannot
reconsider or set aside the enclosed decision. (37 Ops.Cal.Atty.Gen.133.)
If you wish to appeal the enclosed decision, you may seek review in Superior Court by
filing a Petition for Writ of Mandate against the California Unemployment Insurance
Appeals Board (Appeals Board) pursuant to section 1094.5 of the Code of Civil
Procedure.
The Appeals Board does not process petitions for court review. You must file such
petitions directly with the Superior Court not later than six (6) months after the
date of the decision of the Appeals Board. You must also serve a copy of the
Petition for Writ of Mandate on the Appeals Board at its headquarters, 2400 Venture
Oaks Way, Suite 100, Sacramento, California 95833. Service of the Petition must
comply with legal requirements set forth in the Code of Civil Procedure, sections 414 to
415.95.
The Appeals Board does not pay benefits, handle claims or claim forms, or collect
overpayments. If you have questions about these matters, you must contact the
Employment Development Department (EDD), not the Appeals Board. It is important
that you notify the appropriate EDD office of any change in your address. You may
contact EDD at (800) 300-5616 for further information.
If you are a claimant, you are reminded to continue to file weekly claim forms with the
EDD while seeking a Petition for Writ of Mandate. !f you prevail in court, you will only
be paid for those weeks in which you file weekly claim forms and meet other eligibility
requirements.
199 (REV 2/18)
7 Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 23 of 366
INFORMACION ADICIONAL PARA LA APELACION
La decisién de la Junta de Apelaciones es definitiva y sélo puede ser modificada por
accion de la corte judicial. (Cédigo del Seguro de Desempleo articulo 410). La Junta de
Apelaciones no puede reconsiderar ni anular la decisién adjunta. (37
Ops.Cal.Atty.Gen.133.)
Si usted desea apelar la decisién aqui adjunta, usted puede solicitar una revision en el
Tribunal Superior mediante una Peticién de Reviso de Mandato contra la Junta de
Apelaciones De! Seguro del Desempleo de California (Junta de Apelaciones) conforme
al articulo 1094.5 del Codigo de Procedimiento Civil.
La Junta de Apelaciones no procesa las peticiones para revision del tribunal. Usted
debe presentar dicha peticién directamente con el! Tribunal Superior no mas tarde
de seis (6) meses después de Ia fecha de la decision de la Junta de Apelaciones.
Usted también debe enviar una copia de la Peticion de Reviso de Mandato ala
Junta de Apelaciones a su oficina central al domicilio 2400 Venture Oaks Way, Suite
100 Sacramento, California 95833. El servicio de la Peticion debe cumplir con los
requisitos legales establecidos en el Cédigo de Procedimiento Civil, articulos 414 a
415.95
La Junta de Apelaciones no paga beneficios, no maneja solicitud de beneficios o
formularios de solicitud de beneficios, ni cobra pagos de beneficios hechos en exceso.
Si tiene preguntas sobre estos asuntos, usted debe comunicarse con el Departamento
del Desarrollo del Empleo (EDD), no con la Junta de Apelaciones. Es importante que
usted se comunique con la oficina apropiada del EDD para informarle de cualquier
cambio en su direccién. Comunicandose al (800) 300-5616 para obtener mas
informaci6n.
Si usted es el solicitante de beneficios, se le recuerda que debe continuar presentando
formularios de solicitud de beneficios semanales con el EDD mientras solicita la
Peticién para revisar el Mandato. Si usted prevalece o gana en el tribunal, sdlo se le
pagara por las semanas en las que presenté los formularios de solicitud de beneficios
semanal y que retine otros requisitos de elegibilidad.
199S (NEW 2/18)
.Case’No . -TLN-CSK D t1 Filed 12/29/23 Page 24 of 366
SACRAMENTO, CA 94244-2750
Telephone: (916) 263-6619
Fax: (916) 263-6836
DECISIONS SENT TO
LANCE D ALVARADO
5719 MAYO CT
SUN VALLEY, NV 89433-7036
i EMPLOY. ENT INSU C me
LN-CSK Beet 1 Bin PoflojzftS.BOA BD ot 366
‘LOS ANGELES OFFICE OF APPEALS (24 3) 897-5267
300 S. Spring Street, Rm 1502 Ground Floor
“LOS ANGELES GA 90013-1204
Case No. 7172770 (PUA)
LANCE D ALVARADO
imant-Appell
Claimant-Appellant Issue(s): 2102(a)(3)(A)(ii)
Date Appeal Filed: 01/20/2022
20
<
a
2
iy
i |
i
EDD: 0250
Date and Place of Hearing(s): Parties Appearing:
(1) 06/23/2022 Claimant
DECISION
The decision in the above-captioned case appears on the following page(s)
The decision is final unless appealed within 30 calendar days from the date of mailing shown
below. See the attached "Notice to Parties" for further information on how to file an appeal. If
you are entitled to benefits and have a question regarding the payment of benefits, call EDD
at 1-800-300-5616.
Faith |. Mitchell, Administrative Law Judge
FILE COPY
Date Mailed:
RC JUN 30 2022
- Case No. Gar2776-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 26 of 366
LOS +.«GELES OFFICE OF APPEALS
300 S. Spring Street, Rm 1502 Ground Floor
LOS ANGELES CA 80013-1204
Telephone: (213) 897-5267
Fax: (213) 897-6972
DECISIONS SENT TO
LANCE D ALVARADO
5719 MAYO CT
SUN VALLEY, NV 89433-7036
025 - RANCHO CORDOVA PAC
PO BOX 419132
RANCHO CORDOVA, CA 95741-9132
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 27 of 366
EXHIBIT
CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS
BOARD DECISION
Case# 471295
DATED
June 27", 2023
Numbering
12
pages
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 28 of 366
CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD
P O Box 944275
SACRAMENTO CA 94244-2750
LANCE D ALVARADO Case No.: AO-471295 (PUA)
Claimant-Appeliant
OA Decision No.: 7471886
EDD: 0250
DECISION
Attached is the Appeals Board decision in the above-captioned case issued by Board
Panel members:
MIKE ENG
MICHAEL ALLEN
This is the final decision by the Appeals Board. The Appeals Board has no authority to
reconsider this decision. {f you disagree with the decision, please refer to the information
attachment which outlines your rights.
LANCE D ALVARADO
5719 MAYO CT ,
SUN VALLEY, NV 89433-7036 _Date Mailed: 6/27/2023
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 29 of 366
Case No.: AQ-471295
Claimant: LANCE D ALVARADO
The claimant appealed from the decision of the administrative law judge that held
the claimant not eligible for unemployment insurance benefits under section 602
of the Unemployment Insurance Code beginning August 22, 2021.
We have carefully and independently reviewed the record in this case, and have
considered the contentions raised on appeal. We find no material errors in the
issue statement or in the findings of fact. As modified, the reasons for decision
properly apply the law to the facts. Therefore, we adopt the issue statement, the
findings of fact and the modified reasons for decision as our own.
We modify the reasons for decision by changing the word “ranges” to “wages” at
page five, paragraph 4, line one.
On appeal, the claimant makes general due process objections. Under section
1334(a) of the Unemployment Insurance Code, the parties shall be afforded “a
reasonable opportunity for a fair hearing.” A fundamental requisite of due process
of law is the opportunity to be heard. At a minimum this requires that a party have
timely and adequate notice of the proposed action and the issues to be
discussed at the hearing, as well as an effective opportunity to present one's own
evidence, confront or cross-examine adverse witnesses and make final
arguments. (Goldberg v. Kelly (1970) 397 U.S. 254.) After a careful review of the
record, we have found no due process violations which would necessitate a new
hearing.
On appeal, the claimant contends that the administrative law judge did not apply
the law correctly. The claimant asserts that we should adopt his interpretation of
the law that because he was present in California from March to May of 2020, he
should be eligible for benefits in California. Based on our review of the record,
we find that the administrative law judge correctly applied the law to the facts in
this matter. We concur with the conclusions reached.
On appeal, the claimant argues that the administrative law judge incorrectly
interpreted the facts. In reviewing appeals from decisions of administrative law
judges, this Board follows the principle that the findings of the trier of fact who
heard the testimony and observed the witnesses in the proceedings below will
not be disturbed unless they are against the weight of the evidence. Since we
find no material error in this case, we will not substitute our judgment for that of
the administrative law judge. (Precedent Decision P-B-10.)
AQ-AO-471295 1
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 30 of 366
The claimant makes substantially the same contentions as those made during
the hearing. These arguments were considered by the administrative law judge
and treated adequately. After carefully studying the record, we cannot say that
the administrative law judge’s findings are against the weight of the evidence.
Therefore, the findings will not be disturbed on appeal. (Precedent Decisions
P-B-10 and P-T-13.)
It is unclear why the claimant has not opened a claim for unemployment
insurance benefits or pandemic unemployment assistance in Nevada. A claim
for benefits in Nevada may be opened through the on-line portal at
https://ui.nv.gov/css.html or via telephone at (775) 684-0350 or via facsimile at
(775) 684-0338 or in person at Nevada Department of Employment, Training and
Rehabilitation (DETR) 500 East Third Street, Carson City, NV 89713.
We acknowledge that the claimant's circumstances have caused significant
hardship. However, eligibility for benefits is not based on need but rather upon
specific requirements set forth in the law. As we are bound to follow the law, the
decision of the administrative law judge will be affirmed.
The claimant testified that he was homeless for a time. In that the claimant is
currently located in Nevada, he may access social services through
rget=https%3A%2F%2Faccessnevada.dwss.nv.gov%2FACNVServices%2Fapi%
2Faccount%2Fauthenticate%3FtargetURL%3D%2Faccess%2Fdashboard%2Fd
ashboard-launch or by dialing 311 or by dialing (775) 684-7200.
Any further questions should be directed to the Employment Development
Department (EDD). The claimant can contact EDD by phone, Monday through
Friday 8 a.m. to 5 p.m., at 1-800-300-5616 (English), or 1-800-326-8937
(Spanish), or by addressing mail to EDD, P.O. Box 826880 - UIPCD, MIC 40,
Sacramento, CA 94280-0001. Information and further guidance may also be
found through EDD’s website www.edd.ca.gov/unemployment.
The decision of the administrative law judge is affirmed. The claimant is not
eligible for benefits under code section 602. Benefits are denied as provided in
the appealed decision.
AO-AQ-471295 2
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 31 of 366
FURTHER APPEAL INFORMATION
The Appeals Board’s decision is final and can be changed only by action of a judicial
court. (Unemployment Insurance Code section 410.) The Appeals Board cannot
reconsider or set aside the enclosed decision. (37 Ops.Cal.Atty.Gen.133.)
If you wish to appeal the enclosed decision, you may seek review in Superior Court by
filing a Petition for Writ of Mandate against the California Unemployment Insurance
Appeals Board (Appeals Board) pursuant to section 1094.5 of the Code of Civil
Procedure.
The Appeals Board does not process petitions for court review. You must file such
petitions directly with the Superior Court not later than six (6) months after the
date of the decision of the Appeals Board. You must also serve a copy of the
Petition for Writ of Mandate on the Appeals Board at its headquarters, 2400 Venture
Oaks Way, Suite 100, Sacramento, California 95833. Service of the Petition must
comply with legal requirements set forth in the Code of Civil Procedure, sections 414 to
415.95.
The Appeals Board does not pay benefits, handle claims or claim forms, or collect
overpayments. If you have questions about these matters, you must contact the
Employment Development Department (EDD), not the Appeals Board. It is important
that you notify the appropriate EDD office of any change in your address. You may
contact EDD at (800) 300-5616 for further information.
If you are a claimant, you are reminded to continue to file weekly claim forms with the
EDD while seeking a Petition for Writ of Mandate. If you prevail in court, you will only
be paid for those weeks in which you file weekly claim forms and meet other eligibility
requirements.
199 (REV 2/18)
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 32 of 366
INFORMACION ADICIONAL PARA LA APELACION
La decisién de la Junta de Apelaciones es definitiva y s6lo puede ser modificada por
accion de fa corte judicial. (Codigo de! Seguro de Desempleo articulo 410). La Junta de
Apelaciones no puede reconsiderar ni anular la decision adjunta. (37
Ops.Cal.Atty.Gen.133.)
Si usted desea apelar la decision aqui adjunta, usted puede solicitar una revision en el
Tribunal Superior mediante una Peticion de Reviso de Mandato contra la Junta de
Apelaciones Del Seguro del Desempleo de California (Junta de Apelaciones) conforme
al articulo 1094.5 del Codigo de Procedimiento Civil.
La Junta de Apelaciones no procesa las peticiones para revisién del tribunal. Usted
debe presentar dicha peticion directamente con el Tribunal Superior no mas tarde
de seis (6) meses después de la fecha de la decisi6n de la Junta de Apelaciones.
Usted también debe enviar una copia de la Peticion de Reviso de Mandato ala
Junta de Apelaciones a su oficina central al domicilio 2400 Venture Oaks Way, Suite
100 Sacramento, California 95833. El servicio de la Peticién debe cumplir con los
requisitos legales establecidos en el Cédigo de Procedimiento Civil, articulos 414 a
415.95
La Junta de Apelaciones no paga beneficios, no maneja solicitud de beneficios o
formularios de solicitud de beneficios, ni cobra pagos de beneficios hechos en exceso.
Si tiene preguntas sobre estos asuntos, usted debe comunicarse con ej] Departamento
del Desarrollo del Empleo (EDD), no con la Junta de Apelaciones. Es importante que
usted se comunique con la oficina apropiada del EDD para informarie de cualquier
cambio en su direcci6n. Comunicandose al (800) 300-5616 para obtener mas
informacion.
Si usted es el solicitante de beneficios, se le recuerda que debe continuar presentando
formularios de solicitud de beneficios semanales con el EDD mientras solicita la
Peticién para revisar el Mandato. Si usted prevalece o gana en el tribunal, sdlo se le
pagara por las semanas en las que presento los formularios de solicitud de beneficios
semanal y que retne otros requisitos de elegibilidad.
199S (NEW 2/18)
7 ‘Casé No. A@e471295/(PMA)-TLN-CSK Document1 Filed 12/29/23 Page 33 of 366
P O Box 944275
SACRAMENTO, CA 94244-2750
Telephone: (916) 263-6619
Fax: (916) 263-6836
DECISIONS SENT TO
LANCE D ALVARADO
5719 MAYO CT
SUN VALLEY, NV 89433-7036
Case 2:23@AldB PLOGYEINEINSURANGE ARBCALS BRARD of 366
=> i LOS ANGELES OFFICE OF APPEALS (213) 897-5267
————7 = 300 S. Spring Street, Rm 1502 Ground Floor
—i_— LOS ANGELES CA 90013-1204
LANCE D ALVARADO Case No. 7471886 (PUA)
i - |
Claimant-Appellant Issue(s): 602
Date Appeal Filed: 12/05/2022
Date and Place of Hearing(s): Parties Appearing:
(1) 02/02/2023 Claimant
DECISION
The decision in the above-captioned case appears on the following page(s).
The decision is final unless appealed within 30 calendar days from the date of mailing shown
below. See the attached "Notice to Parties" for further information on how to file an appeal. If
you are entitled to benefits and have a question regarding the payment of benefits, call EDD
at 1-800-300-5616.
S. Cruz-Moreno, Administrative Law Judge
FILE COPY
Date Mailed:
Fee 14 i023
Case 2:23-cv-03041-T@-CSK Document1 Filed 12/3 Page 35 of 366
: -Case No.: 7471886 - + -Los Angeles Office of Appeals
CLT/PET: Lance D Alvarado ALJ: S. Cruz-Moreno
Parties Appearing: Claimant
Parties Appearing by Written Statement: None
ISSUE STATEMENT
The claimant appealed from a determination that held the claimant not eligible for
benefits under Unemployment Insurance Code section 602. The issue in this
case is whether the claimant performed services in California covered
employment and whether the claimant’s employment was localized in California.
FINDINGS OF FACT
The claimant filed a PUA claim with the EDD in California effective 8-22-21. The
claim information states that the EDD found base period wages in Nevada.
Before the claimant filed his claim he lived in California in March 2020 and left in
‘May 2020. He was living with his mother in California. He left to go back to
Nevada where he had been living and working since 1997.
He had been a live in caretaker for a veteran named George Paine in Nevada for
2 years from 2018 through 2020. He last worked 3-15-20. He went to go see his
mother in Wheatland, California near Marysville and Yuba City to take time off.
work. He got paid room and board at George Paine’s home and George Paine
paid his tuition for the Stratford Online University. George Paine gave him
funding once or twice a month to help Mr. Paine gamble at the Casino. He
applied to get paid wages but the annual budget was not finalized in 2018 and
2019 which was pending and does not know if they were approved.
The EDD found wages in the base period of his claim from his Nevada
employment. He did not file a claim in Nevada because he helped his friend
move in Oklahoma in June 2020 and flew back to Nevada in July 2020. The last
time he filed a claim in Nevada was in 2008.
He filed a PUA claim in California because his interpretation was that he could
file in the state he was affected by covid, and he was affected with the travel ban
in California when he was at his mothers’ home from March 2020 until May 2020.
While he was in California he applied to be a Google guide on the internet, to
show where he traveled and to rate businesses where he traveled in 2021 in
Northern California. He is not a Google employee; he is an independent
contractor.
7471886-000000 2
Case 2:23-cv-03041-T@-Csk Document1_ Filed 12/3 Page 36 of 366
. -He asked his Cecilia Bredesen is his mother’s caretaker to do repairs at her - ..
home for payment but as an independent contractor work but he has not done
any work and has not been paid because she has financial problems.
In 2021 he worked in Nevada for Sani-Hut for one week in September. He could
not work more because he had a gallbladder surgery. He received a 1099 from
that work for about $200.
He has not filed a PUA claim in Nevada because he was hoping the California
EDD approve his claim because he read that the EDD has to pay PUA claims.
The claimant’s mother was a witness atthe hearing and confirmed that the
claimant was living with her in 2020. She confirmed he had documents that
researched to do a business and tried to find out the start up costs and food
products prices. He has a tablet of about 20 pages with this information. He
applied with Smart Foods but did not finish the application for credit for the
proposal he was going to pitch. He left her residence because he had been
there for more than 3 months from the end of April through the beginning of May
2022 and the landlord notified her that she was only allowed guests for 2 weeks.
He stayed with her because he lost his employment in Nevada and there was a
travel ban during the onset of the covid pandemic.
The claimant's mother’s care giver Cecilia testified that she has been her
caregiver for about 3 or 4 years through present, paid through the IHSS platform.
She confirmed that when the claimant was in California in May 2020 off and on at
his mother's she saw him working on the computer on his appeal. She confirmed
that he told her he had worked in the past as a restoration specialist and he
asked if he could work for her. He came to her home to see the work to be
performed but she could not hire him due to financial problems. She still needs
the work done. She is still waiting for him to perform the work.
The claimant contends that section 602 applies to his case on the basis that the
California governor had control over his location in California when the governor
ordered a travel ban in 2020 during the covid pandemic which kept the claimant
in California when he was affected by the covid pandemic.
REASONS FOR DECISION
California Unemployment Insurance Code Section 602 provides:
“Employment” includes an individual's entire service performed within, or both
within and without, this State if:
(a) The service is localized in this State; or
7471886-000000 3:
Case 2:23-cv-03041-@-CSk Document1_ Filed 12/3 Page 37 of 366
.. (b).The service is not localized.in any state but some of the service is -
performed i in this State and (1) the base of operations, or, if there is no base of
operations, then the place from which such service is directed or controlled, is in
this State; or-(2) the base of operations or place from which such service is
directed or controlled is not in any state in which some part of the service is
performed, but the individual's residence is in this State.
Except as otherwise provided by law, the burden of proof requires proof by a
preponderance of the evidence. (Evidence Code, section 115.) Preponderance
of the evidence simply requires proof that a matter in question is more likely to be
true than not true. (Precedent Decision P-T-493.)
Unemployment insurance benefits are based on wages paid in the base period of
a claim. The standard base period of a claim with a benefit year beginning in
July, August, or September is the four consecutive quarters which ended the
preceding March. (Unemployment Insurance Code, section 1275(a).)
Board, lodging, or any other payment in kind, received by an employee in
addition or in fieu of cash wages, is wages on the basis of a reasonably
estimated cash value to the employee which shall not be less than the bona fide
value stipulated in a union agreement or employment contract, or, the value
established as the basis of the employer's compliance with minimum wage law.
(California Code of Regulations, title 22, section 926-3(a)(1).)
To be eligible for Pandemic Unemployment Assistance, an individual must not be
eligible for regular unemployment compensation or extended benefits under
State or Federal law or for Pandemic Emergency Unemployment Compensation
(PEUC) under section 2107 of the CARES Act, including an individual who has
exhausted all rights to regular unemployment compensation or extended benefits
under State or Federal law and for PEUC under section 2107 of the CARES Act.
(Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136,
section 2102(a)(3)(A)(i) (March 27, 2020) 15 United States Code section
In the present matter, there is no dispute that the claimant was temporarily
residing in California in 2020 from about March or April 2020 through about May
2020. Also, the evidence shows that the claimant was researching how to start a
business when he was in California but did not finish the application. The
evidence shows that he became an internet travel host on the Google platform _
while he was in California however he has not been paid and is not an employee.
The claimant offers the legal argument that since he was living in California when
he was affected by the pandemic, he meets the “service” elements in section
602. These facts and arguments were considered.
7471886-000000 4
” - Case 2:23-Cv-03041-1@-CSK Document1 Filed logy Page 38 of 366
However, since the.claimant did not work.as.a W2 employee in California during...
the four consecutive quarters which ended the preceding March, he does not
have California wages in the base period of his claim. (Unemployment Insurance
Code, section 1275(a).) .
Therefore, the claimant does not meet the “service” element in the state of
California under section 602, therefore, section 602 does not apply. Google does
have locations in most states including California, which meet the “base of
operation” element of section 602, however, since he did not perform
employment “services” for Google, he does not meet the “service” element in
section 602 and section 602 does not apply.
However, although the evidence shows that he was residing and searching for
work in California when the pandemic began in 2020, and although this would
usually be sufficient to establish a California footprint and attachment to its labor
market, since the evidence shows that he performed services and had registered
wages in the state of Nevada from his employment with George Paine during the
four consecutive quarters which ended the preceding March, he meets eligibility
to file a claim in Nevada and therefore does not meet the eligibility criteria for a
PUA claim in California. (Coronavirus Aid, Relief, and Economic Security Act,
Public Law 116-136, section 2102(a)(3)(A)(i) (March 27, 2020) 15 United States
Code section 9021{a)(3){A){f).)
Finally, the EDD did find registered ranges in the Nevada system; the claimant
was compensated by room and board, and board, lodging, or any other payment
in kind, received by an employee in addition or in lieu of cash wages, is wages on
the basis of a reasonably estimated cash value to the employee which shalt not
be less than the bona fide value stipulated in a union agreement or employment
contract, or, the value established as the basis of the employer’s compliance with
minimum wage law. (California Code of Regulations, title 22, section 926-
Therefore, unfortunately the PUA claim is not covered by the EDD in California
under section 602.
DECISION
The notice of determination is affirmed. The claimant is not eligible for PUA
benefits under California Unemployment Insurance code section 602. PUA
benefits are denied.
The claimant is referred to file a claim in Nevada. He can present his filing
documents for a PUA claim in California to see if he can use it to establish a
retroactive claim filing date in Nevada. LOA:scm2/6
7471886-000000 5
Case 2:23-cv-03041-TLN-CSK Documenti1 Filed 12/29/23 Page 49 of 366
IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
* ok ok
J4eg we re (Dawe Al Veyradl Q FAMILY COURT
o 7 MOTION/OPPOSITION NOTICE
(REQUIRED)
_ VS.
NOTICE: THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
a - LAST PAGE to every motion or other paper filed pursuant to chapter 125, 125B
or 125G€ of NRS and to any answer or response to such a motion or other paper. . |
A. | Mark the CORRECT ANSWER with an X. - YES. : | -.NO,.} |
1. Has a fina] decree or custody order been entered in this
case? If yes, then continue to Question 2. If no, you do not x
© need to answer any other questions.
2: Is this a motion or an opposition to a motion filed to
change a final order? If yes, then continue to Question 3. If . <
no, you do not need to answer any other questions. ,
3.. 4s this a motion or an opposition to a motion filed only to ><
change the amount of child support?
4. Js this a motion or an opposition to a motion for
reconsideration or a new trial and the motion was filed
within 10 days of the Judge’s Order?
IF the answer to Question 4 is YES, write in the filing
date | found on the front page of the Judge’s Order.
B. | lf yan answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt
| from the $25.00 filing fee. However, if the Court later determines you should have paid the
filing feé, your motion will not be decided until the $25.00 fee is paid.
Date
] affirm that the answers provided on this Notice are true.
| Print Name: 4; > fu
@ ; 14a Shady og ke Ar
Print Address:
Hl.
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 52 of 366
b. If the defendant is a corporation
The defendant, (name) _ State of California Unemployment
Insurance Appeals Board , is incorporated
under the laws of the State of (name)
____ California , and has its principal place
of business in the State of (name)
__California . Oris
incorporated under the laws of (foreign nation)
____ The United States of America , and has
its principal place of business in (name) __ United States of
America
(If more than one defendant is named in the complaint, attach an
additional page providing the same information for each additional
defendant.)
3. The Amount in Controversy
The amount in controversy—the amount the plaintiff claims the defendant
owes or the amount at stake—is more than $75,000, not counting interest
and costs of court, because (explain):
__Contracts to dispurse Disaster Unemployment Assistance thru Intra
State Cooperation Agreement
Statement of Claim
Write a short and plain statement of the claim. Do not make legal arguments. State as
briefly as possible the facts showing that each plaintiff is entitled to the damages or other
relief sought. State how each defendant was involved and what each defendant did that
caused the plaintiff harm or violated the plaintiff’s rights, including the dates and places
of that involvement or conduct. If more than one claim is asserted, number each claim
and write a short and plain statement of each claim in a separate paragraph. Attach
additional pages if needed.
__ Plaintiff filed for benefits Aug 2021 within the granted time limits for disaster
Federally funded DUA unemployment aid relief in California after temporarily residing
within California at the time Plaintiff was directly affected over pandemic related public
. Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 56 of 366
August 11, 2012
Text Messages from Lance Alvarado to Jacqueline Alvarado Case No.: DV12-01286
. Case 2:23-cv- 03041- TLN- CSK Document 1 Filed 12/29/23 Page 58 of 366
Text Messages from Lance Alvarado to Jacqueline Alvarado Case No.: DV12-01286
_ Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 59 of 366
August 12, 2012
Text Messages from Lance Alvarado to Jacqueline Alvarado Case No.: DV12-01286
10
Assigned PSO’
PRETRIAL SERVICES O/R RELEASE CONTRACT
SPONSIBILITIES TO MAINTAIN YOUR O/R PRIVILEGE
1. Report to Pretrial Services the next working dav after your release, between the hours of 8:30 a.m. until 12:00 p.m;
and 1:30 p.m.until 4:00 p.m. Failure to report may result in revocation of your O/R release.
[ey Report in person on | ~ A a i ot ((] Report by phone on
630 Greenbrae Dr. Sparks (775) 353-7633 Main Number
Sparks Justice Court (775) 352-3019 Fax Number
On Pyramid and Greenbrae
C] SPARKS MUNICIPAL COURT Court Date/Time:
1450 C Street, Sparks
(775) 353-2373 Court Phone
[2 SPARKS JUSTICE COURT Court DateTime. 3) Se
630 Greenbrae Dr., Sparks
(775) 353-7600 Court Phone
OTHER JUSTICE COURTS:
[J Incline / [7] Verdi / 1] Wadsworth / [Jj Gerlach Court Date/Time:
Qi any changes in residence, phone number, or employment immediately.
4. Check in as assigned, UNTIL told by a Pretrial Services Officer that it is no longer necessary. Rearrests will be viewed
as grounds for O/R Release revocation. You are required to appear: for all court appearances drug and acohol free or be
subject to arrest for contempt of court. es ot Sha ey a,
5. Special Conditions:
* ( No Drinking/No use of Controlled Substance
* {J Attend AA or Alcohol Counseling sessions per week with proof.
* [[] Attend NA or Drug Counseling sessions per week with proof.
* ( Nocontact with alleged victim.
I agree to appear at all scheduled court appearances. I agree to comply with the standard O/R conditions as well as all special
conditions contained in this contract. IfI fail to appear at a scheduled court hearing, and J am taken into custody outside this
state, I hereby do waive extradition to the State of Nevada from any jurisdiction in or outside the United States where Imay
be found and also agree that I will not contest any effort by any jurisdiction to return me to the State of Nevada. I will also be -
responsible for paying restitution for all extradition costs incurred in returning me to Washoe County. I understand any court
of competent jurisdiction can revoke the order of release without bail, and may order that I return to custodial status or be
ie to post bail to ensure my court appearance. —
Pretrial Services Officer/Witness wet Exh bed ~
CS-5
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 63 of 366
Complaint for a Civil Case
(Write the full name of each plaintiff who is filing _ {Case No.
this complaint. If the names of all the plaintiffs i(to be filled in by the Clerk's Office)
cannot fit in the space above, please write “see
attached” in the space and attach an additional page \Jury Trial: XOX Yes 0 No
with the full list of names.) (check one)
-against-
California Unemployment Appeals Board _
Employment Development Division
All Unknown Parties Intra State Contracted
(Write the full name of each defendant who is being
sued. If the names of all the defendants cannot fit
in the space above, please write “see attached” in
the space and attach an additional page with the
full list of names.)
I. The Parties to This Complaint A. The Plaintiff(s)
Provide the information below for each plaintiff named in the complaint. Attach
additional pages if needed.
Name Lance Delon Alvarado
Mailing Address 803 Evergreen # A
City of Wheatland in the County of Yuba
California 95692
Street Address
City and County
State and Zip Code
Telephone Number
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 64 of 366
B. The Defendant(s)
Provide the information below for each defendant named in the complaint,
whether the defendant is an individual, a government agency, an organization, or
a corporation. For an individual defendant, include the person’s job or title (if
known). Attach additional pages if needed.
Defendant No. 1
Name
Job or
Title (if
known)
Street Address
City and
County
State and Zip
Code
Telephone
Number
Defendant No. 2
Name
Job or
Title (if
known)
Street Address
City and
County
State and Zip
Code
Telephone
Number
Defendant No. 3
Name
_California Unemployment Insurance Appeals Board or
CUIAB
__ Panel Commity
Members
__2400 Venture Oaks
Way
City of Sacramento County of Sacramento
California
California Unemployment Development Department or EDD
_722 Capitol Mall _#
5098
__ Sacramento County of
Sacramento
_ California
95814
_1 800 560 3616
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 65 of 366
Job or Title (if All Unknown Parties Contracted with Intra State
known) Agreements to Distribute Unemployment Pandemic
Aid Relief
Street Address
City and County
State and Zip Code
Telephone Number
Defendant No. 4
Name
Job or Title (if
known)
Street Address
City and County
State and Zip Code
Telephone Number
Basis for Jurisdiction
Federal Courts are courts of limited jurisdiction (limited power). Generally, only two
types of cases can be heard in Federal Court: cases involving a federal question and cases
involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising
under the United States Constitution or federal laws or treaties is a federal question case.
Under 28 U.S.C. § 1332, a case in which a citizen of one state sues a citizen of another
state or nation and the amount at stake is more than $75,000 is a diversity of citizenship
case. In a diversity of citizenship case, no defendant may be a citizen of the same state as
any plaintiff.
What is the basis for Federal Court jurisdiction? (check all that apply)
XOX Federal question XOX Diversity of citizenship
Fill out the paragraphs in this section that apply to this case.
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 66 of 366
Name Lance D Alvarado
Street Address
Mailing address 803 Evergreen # A
Wheatland_ City
and County
Of Yuba State and
Zip Code California
95692
Telephone Number (775) 899-2632
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
Lance Delon Alvarado
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 67 of 366
Printed Name of Plaintiff Lance Delon
Alvarado
Shoe@eunb6dail03041-TLN-CSK Document1 Filed 12/29/23 Page 68 of 366
ate Release Information Form
Charge Lieral ~
{}VIOL OF TEMPORARY: PR” SPPD0026569C
PSPARKS MUNICIPAL COURT, 1450 C ST, SPARKS, NV 89431
“Bail Amount Reis Condaion
Court Date Court Time Disp Type
JUDGE O/R
Disposition Date Disp Time
03/29/2012 18:07
Remarks
01/30/12 SEE CHG #1 FOR CTDT, 3/29/12-O0/R PER JUDGE SPOO ($1137),
SEE CHG #1 FOR CTDT
Charge 6
Authority G
ARREST {09
Court
SPARKS MUNICIPAL COURT, 1450 C ST, SPARKS, NV 89431
Bail Amount Rets Condition
=
478 | SPPD0026569C
Court Date Court Time Disp Type
JUDGE O/R
Disposition Date Disp Time
03/29/2012 18:08
Remarks
01/30/12 SEE CHG #1 FOR CTDT, 3/29/12-0/R PER JUDGE SPOO ($1137),
SEE CHG #1 FOR CTDT
Charge Literal
VEOL OF TEMPORARY PR
PPARKS MUNICIPAL COURT, 1450 C ST, SPARKS, NV 89431
PCN
SPPD0026569C
[ Bail Amount Rels Condition
Court Date Court Time Disp Type
JUDGE O/R
Disposition Date Disp Time
03/29/2012 18:08
Remarks
01/30/12 SEE CHG #1 FOR CTDT, 3/29/12-0/R PER JUDGE SPOO ($1137),
_| SEE CHG #1 FOR CTDT
ARREST | 09478 SPPD0026569C
SPARKS MUNICIPAL COURT, 1450 C ST, SPARKS, NV 89431
Bail Amount Reds Condition
Court Date Court Time Disp Type
; JUDGE O/R.
Disposition Date Disp Time .
03/29/2012 18:08
Remarks
01/30/12 SEE CHG #1 FOR CTIDT, 3/29/12-0/R PER JUDGE SPOO ($1137),
SEE CHG #1 FOR CTDT
03/29/2012 18:09:29 EylibT 7]
Page 2 of 5
“oo j
“mate Release Information Form
e== 09478 VIOL OF TEMPORARY PR § | SPPD0026569C
SPARKS MUNICIPAL COURT, 1450 C ST, SPARKS, NV 89431
Bail Amount Rels Condition
Court Date Cour Time Disp Type
JUDGE O/R
Disposition Date Disp Tame
03/29/2012 18:08
Remarks
01/30/12 SEE CHG #1 FOR CTDT, 3/29/12-0/R PER JUDGE SPOO ($1137) ,
SEE CHG #1 FOR CIDT
Charge 10
Authority
ARREST 09478
Court
SPARKS MUNICIPAL COURT, 1450 C ST, SPARKS, NV 89431
Bal Amount Rels Condition
PCN
SPPD0026569C
Court Date Court Time Disp Type
JUDGE O/R
Disposition Date Disp Time
03/29/2012 18:08
| Remarks
01/30/12 SEE CHG #1 FOR CTDT, 3/29/12-0/R PER JUDGE SPOO ($1137),
SEE CHG #1 FOR cCTDT
PCN
SPPD0026569C
PPARKS MUNICIPAL COURT, 1450 C ST, SPARKS, NV 89431
| Ball Amount Rets Condition
Court Date Court Time Disp Type
JUDGE O/R
Disposition Date Disp Time
03/29/2012 18:08
Remarks
01/30/12 SEE CHG #1 FOR CTDT, 3/29/12-0/R PER JUDGE SPOO ($1137),
SEE CHG es FOR CToT
PCN
SPPD0026569C
ARREST | 09478
Cout
SPARKS MUNICIPAL COURT, 1450 C ST, SPARKS, NV 89431
Baii Amount Rels Condition
Court Date Court Time Disp Type
JUDGE O/R.-
Disposition Date Disp Time
03/29/2012 18:08
Remarks
01/30/12 SEE CHG #1 FOR CTDT, 3/29/12-0/R PER JUDGE SPOO ($1137),
SEE CHG #1 FOR CTDT
Page 3 of
Page 3 of
—> j= oo
No - Oo
13
14
15
17
18
19
20
21
23
24
25
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28
ase 2:23-Gu0 Syd rel Git led 12/29/23 Page 71 of 366
Dept. No. Two
IN THE MUNICIPAL COURT OF THE CITY a
COUNTY OF WASHOE, STATE OF NEVADA
CITY OF SPARKS,
Plaintiff,
NO CONTACT ORDER
Vs. AS A CONDITION OF
LANCE DELON ALVARADO PRE-TRIAL RELEASE
DOB 12/6/1972
Defendant.
AS A CONDITION OF YOUR RELEASE FROM CUSTODY ON BAIL, BOND OR ON
YOUR OWN RECOGNIZANCE PENDING TRIAL ON April:26; 2012:AT-2:00:P.M.:
You, directly or through an agent acting on your behalf, are: prohibited from contacting
DO in any:manner whatsoever, including but not limited to, in person, by
telephone, by U.S. Mail or by e-mail.
You, directly or through an ageni acting on your behalf, are prohibited from coming within
100 yards of the above-named person’s or persons’ residence(s), place(s) of employment, or
school(s) attended, wherever these places may be located.
Accompanied by a law-enforcement officer, you may obtain personal property at said
residence(s) on one occasion only. Any items in dispute shall remain at the residence.
OFFICER BADGE# DATE:
Notwithstanding the above provisions, this Order does NOT prohibit your attorney from
contacting the above individuals in the preparation of your defense.
fl
tl
Mit
it
18
19
20
21
23
24
25
26
28
‘Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 72 of 366
| NOTICE
VIOLATION OF THIS ORDER MAY RESULT IN ARREST, CONTEMPT PROCEEDINGS,
REVOCATION OF YOUR RELEASE FROM CUSTODY, AND/OR ADDITIONAL CRIMINAL
CHARGES. SPARKS MUNICIPAL CODE SECTION 1.12.040 MAKES IT A MISDEMEANOR TO
WILLFULLY VIOLATE THE TERMS OF ANY ORDER ISSUED BY THIS COURT.
IT iS SO ORDERED.
DATED this 2%, ¢_AVLED- 2012.
Jémes Shoo, Municipal Judgé
Department Two
| HAVE READ AND AGREE TO THE ABOVE CONDITIONS FOR MY PRE-TRIAL
RELEASE. | UNDERSTAND THAT A VIOLATION OF THIS ORDER MAY RESULT IN AN
OCCURRENCE OF ANY OF THE CONDITIONS DESCRIBED IN THE NOTICE ABOVE.
DATE DEFENDANT'S SIGNATURE
Served by: G
if Applicable: Interpreted by:
LANCE
Case #:23-cv-03041-TLN-CSK ya
Code: 23057 24/4
Daniel L. McCormick
ie JA [" 12/29/23 Page 73 of 366
456-015 |
2315
wacr
FILED
2 Pages
04 25 PM’
Nevada State Bar No. 332 2812 JUL 31 PM y: 23
36 Stewart Street ee hot dee
0d YS CITY
07/31/2012
Reno, Nevada 89501 Lunas
(775) 322-4838 aXe
Attorney for Mr. Alvarado
DELON ALVARA
County
ctl Coureé
ner
Distri
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
JN AND FOR THE COUNTY OF WASHOE
00000
ooh —
LANCE DELON ALVARADO,
Appellant,
vs. CaseNo. CR12-1121
CITY OF SPARKS, Dept.No. 10
Respondent.
/
MOTION TO DISMISS APPEAL
COMES NOW, Appellant, LANCE DELON ALVARADO, through his counsel
appointed by the Sparks Municipa) Court, to represent him in the appeal filed in this
Court, to move this Court for its Order dismissing said appeal. This motion is made at
the request of Appellant, after further consideration of the outcome of his tral.
AFFIRMATION PURSUANT TO NRS 239B.030
The undersigned does hereby affirm that the preceding document does not
an & WwW Ph
myo NY NO NM NM |] = =
contain the social security number of any person.
DATED this 3? day of _/ , 2012.
LDA MCL
DANIEL L. MCCORMICK, ESQ.
Nm N ND
28
Daniel L. McComick
Attomey at Law
36 Stewart Street
Reno, Nevada 89501
(775) 322-4838 1
a
1
NH N WY NH WH
, | Case 2:23-cv-03041-TLN-CSK Document 1 cred t2/P9/23 Page 74 of 366
Code: 1670 .
anzocT 2 Fh 3 26
Name:_ Lance Delon Alvarado ces
Address: 155 *Staci Way
Telephone Number: (775) 830-9417
Appearing in Proper Person
IN THE FAMILY DIVISION
OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF Washoe County
Jacqueline Dawn Alvarado
Plaintiff/Petitioner, - Case No. FV11-04096
Dept. No. DM 1
VS.
Lance Delon Alvarado
/
EX PARTE EMERGENCY MOTION
MOTION TO EMERGENCY MOTION UNDER NRAP 27(e)
(Fill in the name of this motion)
appearing in Proper Person, hereby move this
LANCE DELON ALVARADO _
(Your name)
Court to issue an emergency order, without notice to_JACQUELINE DAWN ALVARADO
(The Other Party’s name)
granting the following:
State what you want the Court to order. At this point do not explain why the order should
issue_or why the other should not be contacted . Those explanations will come later in
the form.
Above named ADVERSE PARTY LANCE DELON ALVARADO prays: (1)NEW VENUE TRIAL BY JURY
{DV12-01286] (2)BENBSFIT OF COUNSEL (3) INTERLOCUTORY , INJUNTIVE and/or AFFIRMATIVE
RELIEF, (4) EXEMPTION of PROPERTY and EARNED INCOME (5) STAY of EXECUTIONS and all
PROCEEDINGS, MODIFICATIONS, and ORDERS and EXPUNGMENT OF RECORD resulting from
APPLICANT'S APPLICATION FILED NOVEMBER 8 2011,HEARINGS held DECEMBER 8 2011,July
23 2012,August 28 2012, and October 17 2012, heard before Master § Edmonson and
Honorable Bridgett Robb Peck regarding adjoined cases FV11-04096 AND DV12-01286
REV 8-2010 AA d £2-EX PARTE MIN ©
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 75 of 366
I believe this Order should issue because:
Explain why you believe the order should be granted.
(1) ADVERSE PARTY in PROPER PERSON asks and prays for EXCUSED NEGLECT within motion filed SEPTEMBER 4
2012 OBJECTION TO ORDER AFTER HEARING DENYING OBJECTION TO MASTERS RECOMMEND, and to review filed
motion regarding hearings held AUGUST 28 2012.( NRS 34.020[3]) (NRS 41.670) HONORABLE BRIDGETTE ROBB PECK
informing ADVERSE PARTY during hearing held OCTOBER 17 2012, (NRS 34.120) that said OBJECTION was not the
PROPER PROCEDURE. ADVERSE PARTY APOLOGIZES to the court for ANY and ALL ERRORS within ADVERSE PARTY'S
filings. PRAYING FOR AB INITIO CERTIORARI (NRS 13.050[2b}) (NRS 34.220) (NRS 36.010) (NRS 41.637) (NRS 41.650)
(2) ADVERSE PARTY is INFORMA PAUPRIS acting in PROPER PERSON with GOOD CAUSE SHOWING prays for BENEFIT
OF COUNSEL for representation during ANY AND ALL FURTHER PROCEEDINGS IN CASES (FV11-04096) and INCHOAT|
DIVORCE (DV12-01286). ADVERSE PARTY'S RIGHTS to CUSTODY OF CHILDREN IN COMMON IN BIAS FORUM are in
JEAPARDY. (NRS 34.050) (NRS 34.070) (NRS 34.220) (NRS 36.010) (NRS 41.637 ) (NRS 41.670)
(3) ADVERSE PARTY has complied to orders regarding CASE #FV11-04096 including the LIMITED COMMUNICATION
with APPLICANT by way of TEXT MESSAGING. ADVERSE PARTY SURRENDERING HIMSELF OCTOBER 20 2012 as
ordered OCTOBER 17 2012 by Honorable Bridgette Robb Peck. ADVERSE PARTY COMPLIED to a NO CONTACT ORDER
issued as a CONDITION FOR EARLY RELEASE PENDING TRIAL, issued by Judge Spoo in case #12 C 000143 within
SPARKS MUNICIPAL COURT. ADVERSE PARTY showing good cause in support of AFFIRMATIVE DEFENSE.
(NRS 13.050[2b]) (NRS 36.010) (NRS 41.637 “Good faith communication in furtherance of the right to petition”)
(NRS 41.650)
(4) ADVERSE PARTY bringing SUPPORTING EVIDENCE CRUTIAL to AFFIRMATIVE DEFENSE to HEARING HELD
OCTOBER 17 2012 (NRS 52.205[3}) (NRS 52.235). ADVERSE PARTY filed a RESPONSE to APPLICANT'S INITIAL
NOVEMBER 8 2011 COMPLAINT on NOVEMBER 28 2011. COURT ORDERED HEARING DECEMBER 13 2011. RESETTING
said HEARING DECEMBER 8 2011. COURT FAILING to provide PRIOR NOTICE of the CHANGE to ADVERSE PARTY.
ADVERSE PARTY RESPONDED to ORDERS TO SHOW CAUSE and SUPPLIMENT TO ORDER TO SHOW CAUSE JULY 26
2012, AUGUST 6 2012, OCTOBER 1 2012 giving NOTICE to the COURT and APPLICANT of FRAUD, OMISSION,
REV 8-2010 AA 2 E2-EX PARTE MIN
ree
—
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 76 of 366
ALTERATION, and LACHES of ORIGINALTEXT MESSAGES were within APPLICANTS EXHIBITS in motions ORDER TO
SHOW CAUSE FILED July 23 2012, APPLICANT'S SUPPLEMENT ORDER TO SHOW CAUSE filed JULY 24 2012,
I believe this Motion should be granted without contacting the other party because:
Explain why you believe this motion should be granted without allowing notice to the
other party so the other party has a chance to respond or object to the motion.
ADVERSE PARTY LANCE DELON ALVARADO continues being subject to DOMESTIC VIOLENCE for the
USE of his INELIABLE RIGHTS in SUPPORT of his AFFIRMATIVE DEFENSE for DIVORCE under CONSTA
THREAT of INCARSERATION through WRONGFUL PROSECUTION and EXCESSIVE PUNISHMENTS
UNDER COLOR OF LAW by APPLICANT and AFFILIATES. ADVERSE PARTY giving APPLICANT and
AFFILIATES plenty of NOTICE of ADVERSE PARTY'S true INTEREST of a FAIR AND IMPARTIAL
DIVORCE with an EQUAL DIVISION OF CUSTODY and PROPERTY, CONTINUALLY IGNORED within
FORUM and has CAUSED ADVERSE PARTY SEVERE DAMAGES CONTINUING TO ACCUMULATE.
ADVERSE PARTY misses his CHILDREN and PRAYS for VISITATION AWAY from any THREAT or FEAR
of REPRISAL by APPLICANT AND AFFILIATE INTERVENTION.
(If you need more space, you may attach additional sheets of paper. Be sure to write only on one
side of the paper and clearly identify it as a continuation of this explanation.)
This document does not contain the Social Security Number of any person.
I declare, under penalty of perjury under the law of the State of Nevada, that the foregoing is
true and correct.
DATED this 24 dayof__ OCTOBER 20 12
(Signature)
LANCE DELON ALVARADO
(Printed Name)
E2-EX PARTE MTN
REV 8-2010 AA 3
10
11
12
13
14
i5
16
17
18
19
20
21
22
23
24
25
26
27
28
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 77 of 366
ORDER TO SHOW CAUSE filed September 20 2012. COURT IGNORING ADVERSE PARTY"S
AFFIRMATIVE DEFENSE and ORIGINAL EVIDENCE during HEARING HELD OCTOBER 17
2012. (NRS 47.030)
(5) ADVERSE PARTY SUFFERS from CONSTANT DURESS now FOUND IN CONTEMPT OF COURT
OCTOBER 17 2012 for TEXTING APPLICANT regarding the CHILDREN IN COMMON and
THEIR NEEDS in COMPLIANCE with EPO SECTION 12[d,e], issued DECEMBER 8 2011
case #FV11-04096 (NRS 41.637), and ABUSE OF DISCRETION during joined CASE
MANAGEMENT CONFERENCE #DV12~01286. ADVERSE PARTY PRAYS for a STAY of
PROCEEDINGS, FINDINGS, MODIFICATIONS, ORDERS, and JUDGMENTS seeking a CHANGE
OF VENUE, JURY TRIAL AB INITIO.
(NRS.13.050[2b) (NRS 34.070) (NRS 41.637)
(6) Honorable Bridgette Robb Peck ORDERED ADVERSE PARTY to serve 8 DAYS IN
CUSTODY for CONTEMPT OF COURT for COMPLYING and LIMITING CONTACT with
APPLICANT thru TEXT MESSAGE COMMUNICATION. (NRS 13.050[2b) (NRS 34.070) (NRS
41.637) to be served STARTING OCTOBER 20 2012, and EVERY SATURDAY thereafter.
In COMPLIANCE ADVERSE PARTY SURRENDERED to WASHOE COUNTY SHERRIFFS at their
Parr Boulevard facility where ADVERSE PARTY was INFORMED that the 8 DAY
SENTENCE IMPOSED OCTOBER 17 2012 had GROWN to 9 1/2 DAYS OCTOBER 20 2012,
ADVERSE PARTY also being LIABLE for a $25.00 A DAY FEE, ADVERSE PARTY being
INFORMA PAUPRIS is UNABLE to AFFORD FEE and prays for an IMMEDIATE STAY of
CONTEMPT OF COURT SENTENCE AND WAIVER OF FEES.
(7) ADVERSE PARTY WILL COMPLY WITH MODIFIED ORDER FOR PROTECTION ISSUED
OCTOBER 17 2012 EXCLUDING CONTACT OF BOTH PARTIES. ADVERSE PARTY SHOWING GOOD
CAUSE AND COMPLIANCE WITH NO CONTACT ORDER ISSUED AS CONDITION OF RELEASE
PENDING TRIAL SMC CASE#12 C 000143, (NRS 13.050[2b) (NRS 34.070) (NRS 36.010)
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 78 of 366
(8) ADVERSE PARTY’S OTHER MOTIONS DENIED INCLUDE MUTUAL RESTRAINT JUNE 11
2012BENRFIT OF COUNSEL JULY 2 2012, ORDER TO SHOW CAUSE JULY 2 2012,
PRODUCTION OF DOCUMENTS AUGUST 31 2012, OBJECTION TO ORDER AFTER HEARING
DENYING OBJECTION TO MASTERS RECOMMENDATIONS FILED SEPTEMBER 4 2012
(9) THAT APPLICANT’S PLACE OF EMPLOYMENT GRANTING ITS AFFILIATES DISCOUNTS FOR
SERVICES PROVIDED AND POSSIBLE PRIVATE CONTRIBUTIONS, AND AFFILIATES
APPLYING FOR FEDERAL GRANTS SOUGHT TO FUND PROGRAMS REQUIRING PROGRESS
REPORTS FOR ACTIONS TAKEN TO RECEIVE SAID GRANTS, 112 CONGESS 125 STAT. 370
PUBLIC LAW 112-34-SEPT. 30, 2011 IS SUFFICIANT EVIDENCE TO SUSTAIN
OBJECTION TO MASTERS RECOMMENDATION AND ACKNOWLEDGE RESPONSE TO APPLICANTS
SUPPLIMENT FOR ORDER TO SHOW CAUSE FILED AUGUST 6 2012 GRANTING CERTIORARI
CAPERTON et al. v. A. T. MASSEY COAL CO., INC., et al.
certiorari. to the supreme court of appeals of west virginia
No. 08-22. Argued March 3, 2009--Decided June 8, 2009
(a) The Due Process Clause incorporated the common-law rule requiring
recusal when a judge has "a direct, personal, substantial, pecuniary interest" in a
case, Tumey v. Ohio, , but this Court has also identified additional
instances which, as an objective matter, require recusal where "the probability of
actual bias on the part of the judge or decisionmaker is too high to be
constitutionally tolerable," Withrow v. Larkin, - Two such instances
place the present case in proper context. Pp. 6-11.
(1) The first involved local tribunals in which a judge had a financial
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af Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 79 of 366
interest in a case's outcome that was less than what would have been considered
personal or direct at common law. In Tumey, a village mayor with authority to try
those accused of violating a law prohibiting the possession of alcoholic beverages
faced two potential conflicts: Because he received a salary supplement for performing
judicial duties that was funded from the fines assessed, he received a supplement only
upon a conviction; and sums from the fines were deposited to the village's general
treasury fund for village improvements and repairs. Disqualification was required
under the principle that "[e]very procedure which would offer a possible temptation to
the average man as a judge to forget the burden of proof required to convict the
defendant, or which might lead him not to hold the balance nice, clear and true
between the State and the accused, denies the latter due process of law." 273 U. S.,
at 532. In Ward v. Monroeville, y a conviction in another mayor's court
was invalidated even though the fines assessed went only to the town's general fisc,
because the mayor faced a" ' possible temptation' " created by his "executive
responsibilities for village finances." Id., at 60. Recusal was also required where an
Alabama Supreme Court justice cast the deciding vote upholding a punitive damages
award while he was the lead plaintiff in a nearly identical suit pending in Alabama's
lower courts. Aetna Life Ins. Co. v. Lavoie, - The proper constitutional
inquiry was not "whether in fact [the justice] wes influenced," id., at 825, but
"whether sitting on [that] case ... ' "would offer a possible temptation to the
average ... judge to ... lead him not to hold the balance nice, clear and true," ‘' "
ibid. While the "degree or kind of interest ... sufficient to disqualify a judge ...
'[could not] be defined with precision, ' " id., at 822, the test did have an
cbjective component. Pp. 7~39.
ADVERSE PARTY ASKS READER TO SUBSTITUTE THE WORD “DEFENDANT” WITH
YAPPLICANT” IN REGARDS TO THIS CASE IN CONTEXT TO POINTS ARGUED
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 80 of 366
(2) The second instance emerged in the criminal contempt context, where a judge had
no pecuniary interest in the case but had determined in an earlier proceeding whether
criminal charges should be brought and then proceeded to try and convict the
petitioners. In re Murchison, . Finding that "no man can be a judge in
his own case," and "no man is permitted to try cases where he has an interest in the
outcome," id., at 136, the Court noted that the circumstances of the case and the
prior relationship required recusal. The judge's prior relationship with the
defendant, as well as the information acquired from the prior proceeding, was
critical. In reiterating that the rule that "a defendant in criminal contempt
proceedings should be [tried] before a judge other than the one reviled by the
contemnor," Mayberry v. Pennsylvania, , rests on the relationship
between the ‘judge and the defendant, id., at 465, the Court noted that the objective
inquiry is not whether the judge is actually biased, but whether the average judge in
his position is likely to be neutral or there is an unconstitutional " "potential for
bias,’ " id., at 466. Pp. 9-11
(b) Because the objective standards implementing the Due Process Clause do not require
proof of actual bias, this Court does not question Justice Benjamin's subjective
findings of impartiality and propriety and need not determine whether there was actual
bias. Rather, the question is whether, "under a realistic appraisal of psychological
tendencies and human weakness," the interest "poses such a risk of actual bias or
prejudgment that the practice must be forbidden if the guarantee of due process is to
be adequately implemented." Withrow, .
~- Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 81 of 366
IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
: EE
CN JACQUELINE DAWN ALVARADO )
- } FAMILY COURT
) MOTION/OPPOSITION NOTICE
vs. } (REQUIRED)
LANCE DELON ALVARADO } CASE NO. FV11-04096
) DEPT.NO. DM1
NOTICE: THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed pursuant to chapter 125, 125B
or 125C of NRS and to any answer or response to such a motion or other paper.
A. | Mark the CORRECT ANSWER with an X. YES NO
1. Has a final decree or custody order been entered in this
case? If yes, then continue to Question 2. If no, you do not x
need to answer any other questions.
2. Is this a motion or an opposition to a motion filed to
change a final order? If yes, then continue to Question 3. If
ng, you do not need to answer any other questions.
3. Is this a motion or an opposition to a motion filed only to
change the amount of child support?
4. Is this a motion or an opposition to a motion for
reconsideration or a new trial and the motion was filed
within 10 days of the Judge’s Order?
IF the answer to Question 4 is YES, write in the filing Date
date found on the front page of the Judge’s Order.
p. | Ifyou answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt
from the $25.00 filing fee. However, if the Court later determines you should have paid the
filing fee, your motion will not be decided until the $25.00 fee is paid.
1 affirm that the answers provided on this Notice are true.
Print Name: LANCE DELON ALVARADO
Print Address: 155 STACI WAY SUN VALLEY NV 89433
Telephone Number: _ (775) 830-9417
Rev. 10/24/2002
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ase 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 - Page 82 of 366
FILED
Code: 3860 coe
Name: LANCE DELON ALVARADO 2 OCT 24 PH 3: 26
Address: 155 STACI WAY JOEY O8ML A ae BT! NG
CLERK © OF THE COURT
SUN VALLEY NV 89433 ay_t H. Sheek
Appearing in Proper Person
IN THE FAMILY DIVISION
OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
JACQUELINE DAWN ALVARADO
Plaintiff/Petitioner, Case No. _ FV11-04096
vs.
Dept. No. DM1
LANCE DELON ALVARADO
Defendant/Respondent.
REQUEST FOR SUBMISSION OF EX PARTE MOTION
J, _ LANCE DELON ALVARADO , request that the Ex Parte Motion
(print your name here)
EMERGENCY MOTION UNDER NRAP 27(e) filedon OCTOBER 24 2012
(Print the name of the Ex Parte Motion) (Date the Ex Parte Motion was filed)|
be submitted to the Court for it’s consideration and Order.
This document does not contain the Social Security number of any person.
DATED this _ 24 day of _ OCTOBER , 20 12
° >
Signature: aie
Print Your Name: | LANCE DELON ALVARADO
REVISED 11/2010 AA EX PARTE MTN REQ. FOR SUBMISSION
MN YN YN WN
| ss 2:23-cv-03041-TLN-CSK Documenti1 Filed 12/29/23. Page 83 of 366
Code: 3880 F | i E a
Name: Lance Delon Alvarado 2812 JUL 26 PM & |
Sun Valley Nv 89433 CLERK GF Gee hetiRe
Appearing in Proper Person
IN THE FAMILY DIVISION
OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
Jacqueline Dawn Alvarado
Plaintiff
vs. Case No. _FV11-04096
Lance Delon Alvarado Dept. No. __DM1
Defendant
/
RESPONSE TO MOTION
I,___ Lance Delon Alvarado appearing in Proper Person, respond to
(Your Name)
the Motion filed by Jacqueline Dawn Alvarado on July 23 2012
(Other Party’s Name) (Date Motion was filed)
as follows:
Explain specifically why you oppose or why you agree with the Motion or Request. If you
agree with one part but disagree with another part of the Motion or Request,
explain that also.
Adverse Party named above Lance Delon Alvarado opposes the Motion
to Show Cause Filed by Applicants Attorney of record Caryn R
Sternlicht Esq, of Washoe Legal Services, filed July 23 2012 as
follows, Order for Protection issued December 8 2012 allows Adverse
Party to text Applicant regarding children stated in Section 12
paragraph D Line 16, Adverse Part's text clearly regarding Applicant
REV 12/21/2010 AA 1 A3 RESPONSE TO MOTION
Case’ 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 84 of 366
attempt to revoke visitation of CHILDREN IN COMMON and stating
ACTION THAT HAS BEEN TAKEN, objection to Masters recommendation
regarding visitation of CHILDREN IN COMMON, Adverse Party filing
said objection July 23 2012, Master's modified Order For Protection
CLEARLY STATING on Lines 18 thru 20, all prior orders remain in
effect, Adverse Party also opposing fees to be granted to Washoe
Legal Services after Masters comment that Attorneys are not
required for civil matters during hearing July 17, 2012, after
Adverse Party asking for same relief not granted. Award of funding
from court would be bias, unless same relief was to be granted to
Adverse Party for benefit of council for representation. Adverse
Party moving for dismissal of Applicants Order to Show Cause.
(If you need more room you may attach additional sheets of paper. Be sure you write only on one
side of the paper.)
I DO request a hearing on this matter.
(Do or Do Not)
If a hearing is requested, please state why you believe a hearing is necessary.
Adverse Party requesting hearing to be set in regards to Order To
Show Cause filed July 23 2012 on behalf of Applicant who clearly
disregards exceptions written within Order for Protection issued.
This document does not contain the Social Security Number of any person.
I declare; under penalty of perjury under the law of the State of Nevada, that the foregoing is
true and correct.
DATED this 25 _ day of July 20 12
(Your Signature)
Lance Delon Alvarado
(Your Printed Name)
REV 12/21/2010 AA 2 A3 RESPONSE TO MOTION
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 85 of 366
IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
Jacqueline Dawn Alvarado
FAMILY COURT
MOTION/OPPOSITION NOTICE
(REQUIRED)
“VS.
Lance Delon Alvarado
CASENO. FV11-04096
DEPT.NO. DM 1
NOTICE: THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed pursuant to chapter 125, 125B
or 125C of NRS and to any answer or response to such a motion or other paper.
A. | Mark the CORRECT ANSWER with an X. YES NO
1. Has a final decree or custody order been entered in this
case? If yes, then continue to Question 2. If no, you do not xX
need to answer any other questions.
2. Is this a motion or an opposition to a motion filed to
change a final order? If yes, then continue to Question 3. If
no, you do not need to answer any other questions.
3. Is this a motion or an opposition to a motion filed only to
change the amount of child support?
4. Is this a motion or an opposition to a motion for
reconsideration or a new trial and the motion was filed
within 10 days of the Judge’s Order?
IF the answer to Question 4 is YES, write in the filing
date found on the front page of the Judge’s Order.
B. | If you answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt
from the $25.00 filing fee. However, if the Court later determines you should have paid the
filing fee, your motion will not be decided until the $25.00 fee is paid.
Date
I affirm that the answers provided on this Notice are true.
Lance Delon Alvarado
Print Name:
Print Address: 155 Staci Way Sun Valley Nv 89433
Telephone Number: (775) 830-9417
Rev. 10/24/2002
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 87 of 366
(Name of Master who signed the Recommendation)
Review of the Master’s Recommendations is requested for the following reasons:
NOTICE TO SET HEARING ON OBJECTION TO MASTER’S RECOMMENDATIONS
Notice is hereby given that lan ee Delon 4 Vase, a Pa)
(your name)
the Nedverse pPurt/ in the above-entitled action, will appear before Department
(Plaintiff, Defendant, Obligee, z Obligor)
of the above-entitled Court on ree hous 7 Zs eu at the hour of
(Date you are going to appear to set the hearing on your objections)
/OE;:e5 a.m. to set this matter for hearing.
(Time you will appear to set the hearing on your objections)
If you cannot appear at the setting in person and want to appear by telephone for the
setting, (for instance, if you are out of State or cannot travel ) please initial the following
statement and fill in the reason you will be appearing by telephone. If you are going to
appear in person to set, just print “Not Applicable” in the spaces.
IF YOU ARE GOING TO APPEAR BY TELEPHONE TO _SET, IT IS YOUR
RESPONSIBILITY TO CALL THE CLERK OF THE COURT ON THE APPOINTED
DATE AND TIME.
Updated 9/2009 2 Al
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 88 of 366
Ny NY NY NY NY NY NY NY NO | | =
I will appear by telephone to set the hearing on my Objection to the Master’s
Initials Recommendation.
I will appear by telephone to set the hearing because:
This document does not contain the Social Security number of any person.
I declare, under penalty of perjury under the law of the State of Nevada, that the
foregoing is true and correct.
DATED this_ 23 dayof_ Tuty ,20772 .
(Signature)
Updated 9/2009 3 Al
q{— s Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 90 of 366
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CODE: 2630
Name: LANCE DELON ALVARADO 212 SEP -i AK Il: 57
Address: 155 STACI WAY
SUN VALLEY NV 89433 GORY onl JS, aa TINGS
Telephone: (775)830-9417 CLERe RE COURT:
Appearing in Proper Person BY Groghafi
IN THE FAMILY DIVISION
OF THE SECOND JUDICIAL COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
JACQUELINE DAWN ALVARADO ;
Case No. FV11-04096
Vs.
LANCE DELON ALVARADO ; Dept. No. DM 1
‘Defendant/Respondent,
ACTING PROPER /
OBJECTION TO ORDER AFTER HEARING DENYING OBJECTION
TO MASTERS RECOMMENDATIONS
ADVERSE PARTY ABOVE NAMED LANCE DELON ALVARADO OBJECTS TO THE ORDER DENYING
OBJECTION FILED AUGUST 29 2012.
THAT THE ABUSE OF DISCRETION BY HONERABLE BRIDGETT ROBB PECK PERTAINING TO
ANY BIAS THE COURT HAS PREVIOUSLY SHOWN ALONG WITH HER DEFANITION REGARDING
CSN ARTICLE 1 SEC 9 FREEDOM OF SPEECH IS IN ERROR.
THAT THE COURTS CONTINUES TO AIDE AND ABED APPLICANT BY AWARDING MOTIONS ,
ALIENATING CHIDREN, ABATEMENT OF ADVERSE PARTY, MALICIOUS PROCECUTION WITH
CONVICTION, WHILE DENYING ALL MOTIONS SUBMITTED BY ADVERSE PARTY AND
ALLOWING LOWER COURTS TO PROSECUTE AND CONVICT ADVERSE PARTY FOR USING NOT
ABUSING THE EXCEPTIONS WITHIN THE EXTENDED ORDER FOR PROTECTION ISSUED DEC 8
2011
ADVERSE PARTY MOVES TO STRIKE THE ORDER FOR SUPERVISED VISITATION
ADVERSE PARTY MOVES TO STRIKE THE EXTENDED ORDER FOR PROTECTION ENTIRELY FOR
THE FAILURE TO PROVIDE DEFINATIVE PROOF THAT AN ACT OF DOMESTIC VIOLENCE IN
THE PAST HAS EVEN OR EVER OCCURRED, FOR THE FACT THAT IT HAS NOT.
ADVERSE PARTY AFFIRMS THAT THERE ARE MANY FORMS OF ABUSE AND: WISHES TO
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e
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 91 of 366
CONVEY TO THE COURT THE ONLY ACTS OF DOMESTC VIOLENCE OCCURING ARE THOSE
THAT THIS COURPCONTINUES TO COMMIT AGAINST THE ADVERSE PARTY NAMED ABOVE
LANCE DELON ALVARADO
CSN ARTICLE 1 SEC 9 CLEARLY STATES THE RIGHT OF FREEDOM OF SPEECH IS GRANTED
ON ALL SUBJECTS BEING REASONABLE FOR THE ABUSE OF THAT RIGHT AND NO LAW
SHALL BE PASSED TO ABRIDGE THAT RIGHT.
ADVERSE PARTY ARGUES THAT THE EXTENDED ORDER FOR PROTECTION VIOLATES HIS
INELIABLE RIGHTS GRANTED UNDER CSN ARTICLE 1 SECTION 9 PREVENTING THE
DISCUSSION OF ADULT ISSUES WITH HIS CHILDREN VIOLATING ANOTHER INELIABLE
RIGHT UNDER CSN ARTICLE 1 SECTION 4 AND ADVERSE PARTIES RELIGIOUS BELIEF
AND OBLIGATION TO TEACH HIS CHILDREN THAT AUDULTRY, THEFT, SLANDER, AND
LYING ARE WRONGFUL ACTS
TO CONVEY TO HIS CHILDREN HIS BELIEF THAT THE ABUSE OF LAW THAT IS MEANT FOR
VICTIMS OF DOMESTIC VIOLENCE. AN ACT THAT THIS COURT HAS FAILED TO PROVE
DEFINATIVLY REGARDING APPLICANT'S INITIAL COMPLAINT FILED NOVEMBER 8 2011,
IGNORING THE MULTIPAL FALSE STATEMENTS WITHIN AND ALLOWING PERJURY TO BE
COMMITED WHILE FAILING TO RECOGNIZE ADVERSE PARTIES RESPONSE FILE NOVEMBER
28 2011 AND THE ACTS OF DOMESTIC VIOLENCE COMMITED AGAINST ADVERSE PARTY
DENYING ADVERSE PARTY DUE PROCESS AND CONDEMMING HIS USE OF CSN ARTICLE 1
SECTION 9 IN HIS DEFENCE OF CSN ARTICLE 1 SECTION 1, THAT EVERY PERSON HAS
INELIABLE RIGHTS UNDER THE CONSTITUTION AND HOLDS THE RIGHT TO DEFEND ALL
RIGHTS HELD WITHIN.
THAT CHILDREN ARE OLD ENOUPH TO REPORT ANY ABUSE TO AUTHORITIES, USING
NUMEROUS MEANS AT ANY TIME THEY SEE FIT. NOT THRU COORESION OF AUTHORITY.
IF APPLICANT WISHES TO FILE A TORT IN ANOTHER FORUM FOR SLANDER OR
DEFAMATION OF CHARACTER IT IS WELL WITHIN HER RIGHTS TO DO SO FOR ISSUES
ADVERSE PARTY DISCUSSES WITH CHILDREN PRIVATLY.
THE COURT HAS NO AUTHORITY TO DENY ADVERSE PARTY’S USE OF HIS INELIABLE
RIGHTS UNDER CSN ARTICLE 1 SECTION 9 OR ORDER SUPERVISED VISITATIONS, WHEN
NO THREATS OF VIOLENCE ARE CONVEYED.
THAT APPLICANT’S PLACE OF EMPLOYMENT GRANTING ITS AFFILIATES DISCOUNTS FOR
SERVICES PROVIDED AND POSSIBLE PRIVATE CONTRIBUTIONS, AND AFFILIATES
APPLYING FOR FEDERAL GRANTS SOUGHT TO FUND PROGRAMS REQUIRING PROGRESS
REPORTS FOR ACTIONS TAKEN TO RECEIVE SAID GRANTS, 112 CONGESS 125 STAT. 370
PUBLIC LAW 112-34-SEPT. 30, 2011 IS SUFFICIANT EVIDENCE TO SUSTAIN
OBJECTION TO MASTERS RECOMMENDATION AND ACKNOWLEDGE RESPONSE TO APPLICANTS
SUPPLIMENT FOR ORDER TO SHOW CAUSE FILED AUGUST 6 2012 GRANTING CERTIORARI
CAPERTON et al. v. A. T. MASSEY COAL CO., INC., et al.
certiorari to the supreme court of appeals of west virginia
No. 08-22. Argued March 3, 2009-~Decided June 8, 2009
(a) The Due Process Clause incorporated the common-law rule requiring
recusal when a judge has "a direct, personal, substantial, pecuniary
interest" in a case, Tumey v. Ohio, 273 U. S. 510, 523, but this Court
has also identified additional instances which, as an objective matter,
require recusal where "the probability of actual bias on the part of the
judge or decisionmaker is too high to be constitutionally tolerable,"
Withrow v. Larkin, 421 U. S. 35, 47. Two such instances place the
present case in proper context. Pp. 6-11.
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a
Case 2:23-cv-03041-TLN-CSK Document1_ Filed 12/29/23 Page 92 of 366
(1) The first involved local tribunals in which a judge had a financial
interest in a case's outcome that was less than what would have been
considered personal or direct at common law. In Tumey, a village mayor with
authority to try those accused of violating a law prohibiting the possession
of alcoholic beverages faced two potential conflicts: Because he received a
salary supplement for performing judicial duties that was funded from the
fines assessed, he received a supplement only upon a conviction; and sums
from the fines were deposited to the village's general treasury fund for
village improvements and repairs. Disqualification was required under the
principle that "[e]very procedure which would offer a possible temptation to
the average man as a judge to forget the burden of proof required to convict
the defendant, or which might lead him not to hold the balance nice, clear
and true between the State and the accused, denies the latter due process of
law." 273 U. S., at 532. In Ward v. Monroeville, 409 U. S. 57, a conviction
in another mayor's court was invalidated even though the fines assessed went
only to the town's general fisc, because the mayor faced a " ' possible
temptation' " created by his "executive responsibilities for village
finances." Id., at 60. Recusal was also required where an Alabama Supreme
Court justice cast the deciding vote upholding a punitive damages award while
he was the lead plaintiff in a nearly identical suit pending in Alabama's
lower courts. Aetna Life Ins: Co. v. Lavoie, 475 U. S. 813. The proper
constitutional inquiry was not "whether in fact [the justice] was
influenced,“ id., at 825, but "whether sitting on [that] case ... ' "would
offer a possible temptation to the average ... judge to ... lead him not to
hold the balance nice, clear and true," ' " ibid. While the "degree or kind
of interest ... sufficient to disqualify a judge ... '[could not] be defined
with precision, ' " id., at 822, the test did have an objective component.
Pp. 7-9.
ADVERSE PARTY ASKS READER TO SUBSTITUTE THE WORD “DEFENDANT” WITH
*YAPPLICANT” IN REGARDS TO THIS CASE IN CONTEXT TO POINTS ARGUED
(2) The second instance emerged in the criminal contempt context, where a
judge had no pecuniary interest in the case but had determined in an earlier
proceeding whether criminal charges should be brought and then proceeded to
try and convict the petitioners. In re Murchison, 349 U. S. 133. Finding that
"no man can be a judge in his own case," and "no man is permitted to try
cases where he has an interest in the outcome," id., at 136, the Court noted
that the circumstances of the case and the prior relationship required
recusal. The judge's prior relationship with the defendant, as well as the
information acquired from the prior proceeding, was critical. In reiterating
that the rule that "a defendant in criminal contempt proceedings should be
[tried] before a judge other than the one reviled by the contemnor," Mayberry
v. Pennsylvania, 400 U. S. 455, 466, rests on the relationship between the
judge and the defendant, id., at 465, the Court noted that the objective
inquiry is not whether the judge is actually biased, but whether the average
judge in his position is likely to be neutral or there is an unconstitutional
" 'potential for bias,' " id., at 466. Pp. 9-11
(b) Because the objective standards implementing the Due Process Clause do
not require proof of actual bias, this Court does not question Justice
Benjamin's subjective findings of impartiality and propriety and need not
determine whether there was actual bias. Rather, the question is whether,
"under a realistic appraisal of psychological tendencies and human weakness,"
the interest "poses such a risk of actual bias or prejudgment that the
practice must be forbidden if the guarantee of due process is to be
adequately implemented." Withrow, 421 U. S., at 47.
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‘Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 93 of 366
ADVERSE PARTY RESPECTS AND IS THANKFUL FOR THE HARD WORK AND COMMITMENT
THIS COURT STRIVES TO PROVIDE THE CITIZENS OF THE STATE OF NEVADA REGARDING
PROTECTIONS AGAINST DOMESTIC VIOLENCE. ITS NEGLECT OF CSN ARTICLE 1 SECTION
20 IN IMPLEMENTING AND UNBALANCING THE SCALES OF JUSTICE IS OF GREAT
CONCERN. THIS DEBATE MUST BE RECOGNISED AND DEALT WITH FAIRLY, EQUALLY,
IMPARTIALLY AND WITHOUT PREJEDUCE NO MATTER IF YOU ARE THE APPLICANT OR THE
ADVERSE PARTY. WITHIN THE JURISTICTION ANY COURT OF LAW.
DUE TO THE ACTIONS, NEGLECT, PURSUIT, MALICIOUS PROSECUTION WITH
CONVICTION OF ALL INVOLVED WHO CONTINUE TO SLANDER, POSTPONE, COMPILE, AND
PROMOTE SAID ACTIONS LEADING TO THE DEFACATION OF CHARACTER OF THE ADVERSE
PARTY HAS CAUSED NUMEROUS DAMAGES.
ADVERSE PARTY PRAYING FOR THE RELIEF REQUESTED, INCLUDING BUT NOT
LIMITED TO SAID RELIEF AND EXAMPLES STATED ABOVE.
AFFIRMATION PURSUANT TO NRS 239B.030
THE UNDERSIGNED DOES HEREBY AFFIRM THAT THE PRECEDING DOCUMENT DOES NOT
CONTAIN THE SOCIAL SECURITY NUMBER OF ANY PERSON.
DATED THIS 31°7 DAY OF AUGUST 2012 FU
LANCE DELON ALVARADO
ACTING PROPER
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- Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 94 of 366
UNDER PENALTY OF PERJURY DEFENDANT LANCE DELON ALVARADO DOES HEREBY SWEAR
THE FOREGOING ASSERSIONS TO BE TRUE
THAT THE DEFENDANT ACTING IN PROPER PERSON LANCE DELON ALVARADO HAS PREPARED
AND REQUESTS THE FOLLOWING DOCUMENT
OBJECTION TO ORDER AFTER HEARING DENYING OBJECTION
TO MASTERS RECOMMENDATIONS
BE SUBMITTED TO THE COURT FOR REVIEW
DATED 3157 DAY OF AUGUST 2012
LANCE DELON ALVARADO
155 STACI WAY
SUN VALLEY NV 89433
(775) 830-9417
ACTING PROPER
-.” Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 95 of 366
IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
JACQUELINE DAWN ALVARADO
FAMILY COURT
MOTION/OPPOSITION NOTICE
(REQUIRED)
LANCE DELON ALVARADO
DEPT. NO. DM1
NOTICE: THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed pursuant to chapter 125, 125B
or 125C of NRS and to any answer or response to such a motion or other paper.
A. | Mark the CORRECT ANSWER with an X. YES NO
1. Has a final decree or custody order been entered in this
case? If yes, then continue to Question 2. If no, you do not xX
need to answer any other questions.
2. Is this a motion or an opposition to a motion filed to
change a final order? If yes, then continue to Question 3. If
no, you do not need to answer any other questions.
3. Is this a motion or an opposition to a motion filed only to
change the amount of child support?
4. Is this a motion or an opposition to a motion for
reconsideration or a new trial and the motion was filed
within 10 days of the Judge’s Order?
IF the answer to Question 4 is YES, write in the filing
date found on the front page of the Judge’s Order.
B. | If you answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt
from the $25.00 filing fee. However, if the Court later determines you should have paid the
filing fee, your motion will not be decided until the $25.00 fee is paid.
Date
I affirm that the answers provided on this Notice are true.
Date: AUGUST 31 2012 Signature: | ee
Print Name: LANCE DELON ALVARADO
Print Address: 155 STACI WAY SUN VALLEY NV 89433
Telephone Number: (775) 830 - 9417
Rev. 10/24/2002
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 96 of 366
riLed
CODE: 2630
Name: LANCE DELON ALVARADO 17 SEP -& AHI: 57
Address: 155 STACI WAY
SUN VALLEY NV 89433 QUE Y Gal 2, -asTinGs
Telephone: (775)830-9417 CLERK SF THE COURT.
Appearing in Proper Person By Groghat
IN THE FAMILY DIVISION
OF THE SECOND JUDICIAL COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
JACQUELINE DAWN ALVARADO ,
Plaintiff/petitioner,
Case No. FV11-04096
Vs.
LANCE DELON ALVARADO , Dept. No. DM 1
ACTING PROPER /
OBJECTION TO ORDER AFTER HEARING DENYING OBJECTION
TO MASTERS RECOMMENDATIONS
ADVERSE PARTY ABOVE NAMED LANCE DELON ALVARADO OBJECTS TO THE ORDER DENYING
OBJECTION FILED AUGUST 29 2012.
THAT THE ABUSE OF DISCRETION BY HONERABLE BRIDGETT ROBB PECK PERTAINING TO
ANY BIAS THE COURT HAS PREVIOUSLY SHOWN ALONG WITH HER DEFANITION REGARDING
CSN ARTICLE 1 SEC 9 FREEDOM OF SPEECH IS IN ERROR.
{THAT THE COURTS CONTINUES TO AIDE AND ARED APPLICANT BY AWARDING MOTIONS,
ALIENATING CHIDREN, ABATEMENT OF ADVERSE PARTY, MALICIOUS PROCECUTION WITH
CONVICTION, WHILE DENYING ALL MOTIONS SUBMITTED BY ADVERSE PARTY AND
ALLOWING LOWER COURTS TO PROSECUTE AND CONVICT ADVERSE PARTY FOR USING NOT
ABUSING THE EXCEPTIONS WITHIN THE EXTENDED ORDER FOR PROTECTION ISSUED DEC 8
2011
ADVERSE PARTY MOVES TO STRIKE THE ORDER FOR SUPERVISED VISITATION
ADVERSE PARTY MOVES TO STRIKE THE EXTENDED ORDER FOR PROTECTION ENTIRELY FOR
THE FAILURE TO PROVIDE DEFINATIVE PROOF THAT AN ACT OF DOMESTIC VIOLENCE IN
THE PAST HAS EVEN OR EVER OCCURRED, FOR THE FACT THAT IT HAS NOT.
ADVERSE PARTY AFFIRMS THAT. THERE ARE MANY FORMS OF ABUSE AND: WISHES TO
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 97 of 366
CONVEY TO THE COURT THE ONLY ACTS OF DOMESTC VIOLENCE OCCURING ARE THOSE
THAT THIS COURPCONTINUES TO COMMIT AGAINST THE ADVERSE PARTY NAMED ABOVE
LANCE DELON ALVARADO
CSN ARTICLE 1 SEC 9 CLEARLY STATES THE RIGHT OF FREEDOM OF SPEECH IS GRANTED
ON ALL SUBJECTS BEING REASONABLE FOR THE ABUSE OF THAT RIGHT AND NO LAW
SHALL BE PASSED TO ABRIDGE THAT RIGHT.
ADVERSE PARTY ARGUES THAT THE EXTENDED ORDER FOR PROTECTION VIOLATES HIS
INELIABLE RIGHTS GRANTED UNDER CSN ARTICLE 1 SECTION 9 PREVENTING THE
DISCUSSION OF ADULT ISSUES WITH HIS CHILDREN VIOLATING ANOTHER INELIABLE
RIGHT UNDER CSN ARTICLE 1 SECTION 4 AND ADVERSE PARTIES RELIGIOUS BELIEF
AND OBLIGATION TO TEACH HIS CHILDREN THAT AUDULTRY, THEFT, SLANDER, AND
LYING ARE WRONGFUL ACTS
TO CONVEY TO HIS CHILDREN HIS BELIEF THAT THE ABUSE OF LAW THAT IS MEANT FOR
VICTIMS OF DOMESTIC VIOLENCE. AN ACT THAT THIS COURT HAS FAILED TO PROVE
DEFINATIVLY REGARDING APPLICANT'S INITIAL COMPLAINT FILED NOVEMBER 8 2011,
IGNORING THE MULTIPAL FALSE STATEMENTS WITHIN AND ALLOWING PERJURY TO BE
COMMI'TED WHILE FAILING TO RECOGNIZE ADVERSE PARTIES RESPONSE FILE NOVEMBER
28 2011 AND THE ACTS OF DOMESTIC VIOLENCE COMMITED AGAINST ADVERSE PARTY
DENYING ADVERSE PARTY DUE PROCESS AND CONDEMMING HIS USE OF CSN ARTICLE 1
SECTION 9 IN HIS DEFENCE OF CSN ARTICLE 1 SECTION 1, THAT EVERY PERSON HAS
TNELIABLE RIGHTS UNDER THE CONSTITUTION AND HOLDS THE RIGHT TO DEFEND ALL
RIGHTS HELD WITHIN.
THAT CHILDREN ARE OLD ENOUPH TO REPORT ANY ABUSE TO AUTHORITIES, USING
NUMEROUS MEANS AT ANY TIME THEY SEE FIT. NOT THRU COORESION OF AUTHORITY.
IF APPLICANT WISHES TO FILE A TORT IN ANOTHER FORUM FOR SLANDER OR
DEFAMATION OF CHARACTER IT IS WELL WITHIN HER RIGHTS TO DO SO FOR ISSUES
ADVERSE PARTY DISCUSSES WITH CHILDREN DRIVATLY.
THE COURT HAS NO AUTHORITY TO DENY ADVERSE PARTY’S USE OF HIS INELIABLE
RIGHTS UNDER CSN ARTICLE 1 SECTION 9 OR ORDER SUPERVISED VISITATIONS, WHEN
NO THREATS OF VIOLENCE ARE CONVEYED.
wee nmeermasmnr ce DLACK OF EMPLOYMENT GRANTING ITS AFFILIATES DISCOUNTS FOR
APPLYING FOR FEDERAT. GRANTS soUGHT TO FUND DROGRAMS REQUIRING PROGRESS
REPORTS FOR ACTIONS TAKEN TO RECEIVE SAID GRANTS, 112 CONCESS 125 STAT. 370
PUBLIC LAW 112-34-SEPT. 30, 2011 IS SUFFICIANT EVIDENCE TO SUSTAIN
OBJECTION To MASTERS RECOMMENDATION AND ACKNOWLEDGE RESPONSE TO APPLICANTS
SUPPLIMENT FOR ORDER TO SHOW CAUSE FILED AUGUST 6 2012 GRANTING CERTIORARI
CAPERTON et al. v. A. T.- MASSEY COAL CO., INC., et al. _
certiorari to the supreme court of appeals of west virginia
No. 08-22. Argued March 3, 2009--Decided June 8, 2009 _
(a) The Due Process Clause incorporated the common-law rule requiring
recusal when a judge has "a direct, personal, substantial, pecuniary
interest" in a case, Tumey v. Ohio, 273 U. S. 510, 523, but this Court
has also identified additional instances which, as an objective matter,
require recusal where "the probability of actual bias on the part of the
judge or decisionmaker is too high to be constitutionally tolerable,"
Withrow v. Larkin, 421 U. 5. 35, 47. Two such instances place the
present case in proper context. Pp. 6-11.
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 98 of 366
(1) The first involved local tribunals in which a judge had a financial
interest in a case's outcome that was less than what would have been
considered personal or direct at common law. In Tumey, a village mayor with
authority to try those accused of violating a law prohibiting the possession
of alcoholic beverages faced two potential conflicts: Because he received a
salary supplement for performing judicial duties that was funded from the
fines assessed, he received a supplement only upon a conviction; and sums
from the fines were deposited to the village's general treasury fund for
village improvements and repairs. Disqualification was required under the
principle that "[e]very procedure which would offer a possible temptation to
the average man as a judge to forget the burden of proof required to convict
the defendant, or which might lead him not to hold the balance nice, clear
and true between the State and the accused, denies the latter due process of
law." 273 U. S., at 532. In Ward v. Monroeville, 409 U. S. 57, a conviction
im another mayor's court was invalidated even though the fines assessed went
only to the town's general fisc, because the mayor. faced a " ' possible
temptation' " created by his “executive responsibilities for village
finances." Id., at 60. Recusal was also required where an Alabama Supreme
Court justice cast the deciding vote upholding a punitive damages award while
he was the lead plaintiff in a nearly identical suit pending in Alabama's
lower courts. Aetna Life Ins: Co. v. Lavoie, 475 U. S. 813. The proper
constitutional inquiry was not "whether in fact [the justice] was
influenced," id., at 825, but "whether sitting on [that] case ... ' "would
offer a possible temptation to the average ... judge to ... lead him not to
hold the balance nice, clear and true," ' " ibid. While the "degree or kind
of interest ... sufficient to disqualify a judge ... '[{could not] be defined
with precision, ' " id., at 822, the test did have an objective component.
Pp. 7-9.
ADVERSE PARTY ASKS READER TO SUBSTITUTE THE WORD “DEFENDANT” WITH
YAPPLICANT” IN REGARDS TO THIS CASE IN CONTEXT TO POINTS ARGUED
(2) The second instance emerged in the criminal contempt context, where a
judge had no pecuniary interest in the case but had determined in an earlier
proceeding whether criminal charges should be brought and then proceeded to
try and convict the petitioners. In re Murchison, 349 U. S. 133. Finding that
™.o man can be a judge in his own case," and "no man is permitted to try
cases where he has an interest in the outcome," id., at 136, the Court noted
that the circumstances of the case and the prior relationship required
nee mal abd meohin etth tha defandant. ac wall age the
information acquired from the prior proceeding, was critical. In reiterating
that the rule that "a defendant in criminal contempt proceedings should be
[tried] before a judge other than the one reviled by the contemnor," Mayberry
v. Pennsylvania, 400 U. 8. 455, 466, rests on the relationship between the
judge and the defendant, id., at 465, the Court noted that the objective
inquiry is not whether the judge is actually biased, but whether the average
judge in his position is likely to be neutral or there is an unconstitutional
" "potential for bias," " id., at 466. Pp. 9-11
(b) Because the objective standards implementing the Due Process Clause do
not require proof of actual bias, this Court does not question Justice
Benjamin's subjective findings of impartiality and propriety and need not
determine whether there was actual bias. Rather, the question is whether,
"under a realistic appraisal of psychological tendencies and human weakness,"
the interest “poses such a risk of actual bias or prejudgment that the
practice must be forbidden if the guarantee of due process is to be
adequately implemented." Withrow, 421 U. S., at 47.
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 99 of 366
ADVERSE PARTY RESPECTS AND IS THANKFUL FOR THE HARD WORK AND COMMITMENT
THIS COURT STRIVES TO PROVIDE THE CITIZENS OF THE STATE OF NEVADA REGARDING
PROTECTIONS AGAINST DOMESTIC VIOLENCE. ITS NEGLECT OF CSN ARTICLE 1 SECTION
20 IN IMPLEMENTING AND UNBALANCING THE SCALES OF JUSTICE IS OF GREAT
CONCERN. THIS DEBATE MUST BE RECOGNISED AND DEALT WITH FAIRLY, EQUALLY,
IMPARTIALLY AND WITHOUT PREJEDUCE NO MATTER IF YOU ARE THE APPLICANT OR THE
ADVERSE PARTY. WITHIN THE JURISTICTION ANY COURT OF LAW.
DUE TO THE ACTIONS, NEGLECT, PURSUIT, MALICIOUS PROSECUTION WITH
CONVICTION OF ALI, INVOLVED WHO CONTINUE TO SLANDER, POSTPONE, COMPILE, AND
PROMOTE SAID ACTIONS LEADING TO THE DEFACATION OF CHARACTER OF THE ADVERSE
PARTY HAS CAUSED NUMEROUS DAMAGES.
ADVERSE PARTY PRAYING FOR THE RELIEF REQUESTED, INCLUDING BUT NOT
LIMITED TO SAID RELIEF AND EXAMPLES STATED ABOVE.
AFFIRMATION PURSUANT TO NRS 239B.030
THE UNDERSIGNED DOES HEREBY AFFIRM THAT THE PRECEDING DOCUMENT DOES NOT
CONTAIN THE SOCIAL SECURITY NOMBER OF ANY PERSON.
DATED THIS 3157 DAY OF AUGUST 2012 _———_ oe —
LANCE DELON ALVARADO
ACTING PROPER
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 100 of 366
UNDER PENALTY OF PERJURY DEFENDANT LANCE DELON ALVARADO DOES HEREBY SWEAR
THE FOREGOING ASSERSIONS TO BE TRUE
THAT THE DEFENDANT ACTING IN PROPER PERSON LANCE DELON ALVARADO HAS PREPARED
AND REQUESTS THE FOLLOWING DOCUMENT
OBJECTION TO ORDER AFTER HEARING DENYING OBJECTION
TO MASTERS RECOMMENDATIONS
BE SUBMITTED TO THE COURT FOR REVIEW
DATED 31°57 pay OF AUGUST 2012
LANCE DELON ALVARADO
155 STACI WAY
SUN VALLEY NV 89433
(775) 830-9417
ACTING PROPER
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 101 of 366
IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
JACQUELINE DAWN ALVARADO
FAMILY COURT
MOTION/OPPOSITION NOTICE
(REQUIRED)
LANCE DELON ALVARADO
CASE NO. FV11-04096
DEPT. NO. DM1
NOTICE: THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed pursuant to chapter 125, 125B
or 125C of NRS and to any answer or response to such a motion or other paper.
A. | Mark the CORRECT ANSWER with an X. YES NO
1. Has a final decree or custody order been entered in this
case? If yes, then continue to Question 2. If no, you do not xX
need to answer any other questions.
| 2. Is this a motion or an opposition to a motion filed to
change a final order? If yes, then continue to Question 3. If
no, you do not need to answer any other questions.
3. Is this a motion or an opposition to a motion filed only to
change the amount of child support?
4. Is this a motion or an opposition to a motion for
reconsideration or a new trial and the motion was filed
within 10 days of the Judge’s Order?
IF the answer to Question 4 is YES, write in the filing
date found on the front page of the Judge’s Order.
Date
g. | Ifyou answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt
from the $25.00 filing fee. However, if the Court later determines you should have paid the
filing fee, your motion will not be decided until the $25.00 fee is paid.
1 affirm that the answers provided on this Notice are true.
Date: AUGUST 31 2012 Signature: er ae
Print Name: LANCE DELON ALVARADO
Print Address: 155 STACI WAY SUN VALLEY NV 89433
Telephone Number: (775) 830 - 9417
Rev. 10/24/2002
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‘ase 2-23-cv-03041-TLN-CSK Document 1
Code: 3880
Name: Lance Delon Alvarado
Address: 155 Staci Way
Sun Valley Nv 89433
Telephone: __ (775) 830-9417
Appearing in Proper Person
Filed 12/29/23
IN THE FAMILY DIVISION -
OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
Jacqueline Dawn Alvarado
Plaintiff
vs.
Lance Delon Alvarado
Defendant
Page 102 of 366
2812 AUG -5
std
Case No. FV1L1-04096
Dept. No.
DM1
/
RESPONSE TO SUPPLEMENT TO APPLICANT'S ORDER TO SHOW CAUSE
I,___ Lance Delon Alvarado
(Your Name)
the Motion filed by_ Jacqueline Dawn Alvarado on
appearing in Proper Person, respond te.
July 24 2012
(Other Party’s Name)
as follows:
(Date Motion was filed)
Explain specifically why you oppose or why you agree with the Motion or Request. If you
agree with one part but disagree with another part of the Motion or Request,
explain that also. .
ADVERSE PARTY AFFIRMS sending texts as entered as exhibits 1 and 2 of APPLICANT'S SUPPLEMENT,
ADVERSE PARTY AGREES to Points and Authorities IN PART within APPLICANT'S MOTION Order To Show Cause,
ADVERSE PARTY ASKS IMMEDIATE DISMISSAL of APPLICANT'S MOTION Order To Show Cause
OFFICIAL MISCONDUCT UTILIZING SUPPLEMENT TO MOTION AND OMMISSION OF POINTS AND AUTHORITIES
ADVERSE PARTY OPOSSES FEES TO WASHOE LEGAL SERVICES FOR FILING MOTION
ADVERSE PARTY NOT IN VIOLATION OF (NRS22.040) OR (EPO) ISSUED DEC 8 2011
ADVERSE PARTY ASKING (ADV EXHIBITS) ATTACHED BE CONSIDERED
REV 12/21/2010 AA
A3 RESPONSE TO MOTION
Soy = 6 Se 2 QRAAEBH AS
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Case-?:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 103 of 366
ADVERSE PARTY MOVES TO STRIKE EXHIBIT 1. TEXT CLEARLY IN REGARDS TO CHILDREN.IN COMMON
Acknowledgment of APPLICANTS ARGUMENT within a LEGAL HEARING over VISITATION with CHILDREN IN
COMMON in a "WORRIE FREE ENVIRONMENT", Family Peace Center IS WELCOMED BY ADVERSE PARTY WHILE
AWAITING OBJECTION to MASTERS RECOMMENDATION of SUPERVISED VISITATION AND NOTICE TO SET
to be heard cn 3RD FLOOR OF COURTHOUSE PER INSTRUCTIONS WITHIN PACKET A-7 ATTAINED AT SELF HELP
CENTER. (ADV EXHIBIT 1) ( EPO 12 D LINE 16, NSC 1.1,9,20)
ADVERSE PARTY'S RIGHTS REGARDING TEXT MESSAGING BI LATTERAL AGREEMENT BETWEEN PARTIES IN
REGARDS TO PERSONAL BELONGINGS AND REMOVAL FROM SHARED RESIDENCE OMMITTED FROM POINTS
AND AUTHORITIES AND MAKER'S CONTINUED NEGLECT DURING SUPPLEMENT MOTION AND EXHIBIT 2
ABATES ADVERSE PARTY'S RIGHT OVER TEXT MESSAGES REGARDING SUBJECT MATTER, EXCLUSION OF
ADV EXHIBIT 2 (EPO 12, E) WOULD WITHOUT A DOUBT MERIT A VIOLATION OF EPO ISSUED DEC 8, 2011,
(if you need more room you may attach additional sheets of paper. Be sure you write only on one
side of the paper.)
I DO request a hearing on this matter.
(Do or Do Not)
If a hearing is requested, please state why you believe a hearing is necessary.
"First Amendment Petition"
CSN Section 9 of Article 1
This document does not contain the Social Security Number of any person.
I declare, under penalty of perjury under the law of the State of Nevada, that the foregoing is
true and correct.
DATED this __6 dayof_- August ,20 12 .
Lance Delon Alvarado
(Your Printed Name)
REV 12/21/2010 AA 2 A3 RESPONSE TO MOTION
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 104 of 366
APPLICANTS CONTINUED USE OF SUCH DEMONSTRATED EVIDENCE HAS CAUSED DAMAGES.
APPLICANTS USE OF HER PLACE OF EMPLOYMENT AND AFFILIATES AS WELL AS TOWNSHIPS AND
DEPARTMENTS WITHIN CONTINUE TO AID AND ABED SAID ACTIONS, BY PERSECUTION, WRONGFUL
PROSECUTION WITH CONVICTION. PROLONGING RETENTION AND ALLOWING EVASION OF OBLIGATIONS
TO DIVIDE PARTIES ACCRUED INTERESTS ACUMULATED, OVER A 14 YEAR MARRIAGE.INCLUDING BUT
NOT LIMITED TO CUSTODY, EQUITABLE INTEREST, BENEFITS AND SECURITIES PRIVATE AND
COMMUNITY PROPERTY LEAVING ADVERSE PARTY IN FORMA PAUPERIS
ADVERSE PARTY MOVES TO VACATE APPLICANTS ORDER TO SHOW CAUSE
ADVERSE PARTY RESPONDS TO APPLICANTS ORDER TO SHOW CAUSE AND SUPPLEMENT FILED JULY 24
2012
ADVERSE PARTY REPLYS TO APPLICANTS RESPONSE TO EX PARTE ORDER SHOWING CAUSE FILED
JULY 2 2012
ADVERSE PARTY WISHES A HEARING BE SET
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 105 of 366
IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
— Jacqueline Dawn Alvarado )
; FAMILY COURT
) MOTION/OPPOSITION NOTICE
vs. ) (REQUIRED)
Lance Delon Alvarado )
} CASENO. FV11-04096
3 DEPT.NO. DM 1-
NOTICE: THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed pursuant to chapter 125, 125B
or 125C of NRS and to any answer or response to such a motion or other paper.
A. | Mark the CORRECT ANSWER with an X. YES NO
1. Has a final decree or custody order been entered in this
case? If yes, then continue to Question 2. Ifne, you do not | x
need to answer any other questions.
2. Is this a motion or an opposition to a motion filed to
change a final order? If yes, then continue to Question 3. If
Bo, you do not need to answer any other questions.
— 3. Is this a motion or an opposition to a motion filed only to
change the amount of child support?
4. Is this a motion or an opposition to a motion for
reconsideration or a new trial and the motion was filed
within 10 days of the Judge’s Order?
IF the answer to Question 4 is YES, write in the filing Date
date found on the front page of the Judge’s Order.
g. | If you answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt
“| from the $25.00 filing fee. However, if the Court later determines you should have paid the
filing fee, your motion will not be decided until the $25.00 fee is paid.
1 affirm that the answers provided on this Notice are true.
Date: _Aug 6 , 2012 Signature: _— a2
Print Name: Lance Delon Alvarado
Print Address: 155 Staci Way Sun Valley Nv 89433
Rev. 10/24/2002
Case 2:23-cv-03041-TLN-CSK Document1i —_— Filed 12/29/23
~ Exhibit Index
Exhibit # Description
1 PAGE 4 OF PACKET A-7
OBJ MASTER RECOMMEND.
SECTION 12 OF EXTENDED ORDER FOR
2 PROTECTION ISSUED DECEMBER 8 2011
PARARAPH E LINES 17, 18, 19
SPARKS MUNICIPAL MOTION
‘ORDER TO SHOW CAUSE” CLERK DENYING
3 TO FILE ACTING PRO PER AFTER COUNCEL
FOR APPEAL WAS AWARD
Page 106 of 366
Pages
’ Case .2:23-cv-03041-TLN-CSK Documenti1 Filed 12/29/23 Page 107 of 366
STEP 4
FILLING IN AND FILING THE FIRST PROOF OF SERVICE
The importance of filling out and filing the Proof of Service cannot be emphasized
strongly enough! Without the proper filing of the Proof of Service, the matter cannot
be set for hearing.
The Proof of Service is to be filled in and signed by the person who either mails the copy
of the Objection to the other party or personally serves the Objection on the other party.
Print your name, address and telephone number in the upper left comer and fill in the
heading just as it appears on all your other documents, including the Case Number and
the Department Number.
The rest of the Proof of Service must be completed by the person who serves the
documents on. the other party.
After the Proof of Service has been completed and signed, make one copy of the
document. Take the original and the copy of the Proof of Service to the filing clerk’s
office and file itin. The Filmg Clerk will keep the original and return a file stamped
copy to you for your records.
STEP 5
APPEARING TO SET THE MATTER FOR HEARING
APPEARING IN PERSON TO SET THE MATTER
On the day and time stated im your Notice To Set, take the following documents with
The Application for Setting B55 fa Yon fo 4 oA Canc f
Your copy of the Objection and Notice To Set gee fe ne a. on
Your copy of the Proof of Service am
snteronthetlind Have ofthe Courthouse at One South Sierra Street and tell
the ‘clerk at tthe counter ‘that you are there to set a hearing on your Objection.
On the APPLICATION FOR SETTING form, fill in the heading just as it appears on
your other documents.
REV 9/2009 AA
‘Case 2: 23- «AUN teak + rourgent 1 ile 12/29/23 Page 110 of 366
IN THE MUNICIPAL COURT OF THE CITY OF SPARKS
COUNTY OF WASHOE, STATE OF NEVADA
(PLEASE PRINT OR TYPE)
CITY OF SPARKS, Plaintiff CASE NO:__12 c 000143
vs | ATTY BAR NO:
NAME: Lance Delon Alvarado ATTORNEY:
ADDRESS: _155 Staci Way ADDRESS:
CITY / ZIP: __Sun Valley Nv 89433 CITY / ZIP:
_ PHONE: (775) 830-9417 PHONE / FAX:
HOME WORK
Pursuant to NRCP 5(b) | certify that | deposited for mailing a true copy of the attached document addressed to:
Q@city Attomey O)Defendant's Attomey OdDefendant
Has-the-opposing pariy been verbally notified. of. this mation? @yYes ONo
Comes now the undersigned affiant and moves the court to: O interpreter required (Language: )
Q Enter a Not Guilty Plea Q Waive Time for Trial O Continue Arraignment Date
Q Continue Sentence Date OQ Continue Tria! Date O Forfeit Bail
J Dismiss Charge © Amend Charge OQ Change of Plea
®@ Other_ order to Show Cause
This relief is sought for the following reasons:__ Judge Mcarthy granting motion filed for Production Of
Documents by Lance Delon Alvarado in order to file taxes
for 2011, Mr. Alvarado again attempting to take leave of court, sending Jacqueline Alvarado text
requesting said documents be sent by mail, has continued to ignore motion granting production to Defendant, Mr. Alvarado text
Jacqueline Alvarado of intent fo file this Order received istier
regarding complaint filed by Jacqueline Alvarado in regards to a violation of protection order issued by Master Edmonson Dec 8
2011, allowing text comunication in regards to children and personal belongings. Said documents being persone! belongings of
of Mr Alvarado, who offered to pay mailing costs, yet is in fear of Sparks Police to request an officer fo keep the peace for personal
retrieval of documents needed. Requesting ORDER TO SHOW CAUSE be granted having said documents released to Defendant —
An Authorization to Represent QHas ONas not been filed. (Authorization fo Represent must be filed within 10 days.)
, .Not Applicable , in accordance with NRS 178.388, hereby designate my attomey, Not Applicable
) represent me in all proceedings in the Sparks Municipal Court in the above captioned matter.
ATED: SIGNED : Not Applicable
{Defendant}
(Attomey)
| ppasterds-AL6GAYLN-CSK Document1 Filed 12/29/23 Page 112 of 366
IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
Jacqueline Dawn Alvarado
— )
; FAMILY COURT
) MOTION/OPPOSITION NOTICE
vs. ) (REQUIRED)
Lance Delon Alvarado )
} DEPT.NO. DM 1
NOTICE: THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed pursuant to chapter 125, 125B
or 125C of NRS and to any answer or response to such a motion or other paper.
A. | Mark the CORRECT ANSWER with an X. YES NO
1. Has a final decree or custody order been entered in this
case? If yes, then continue to Question 2. If no, you do not x
need to answer any other questions.
2. Is this a motion or an opposition to a motion filed to
change a final order? If yes, then continue to Question 3. If
no, you do not need to answer any other questions.
3. Is this a motion or an opposition to a motion filed only to
change the amount of child support?
4. Is this a motion or an opposition to a motion for
reconsideration or a new trial and the motion was filed
within 10 days of the Judge’s Order?
IF the answer to Question 4 is YES, write in the filing
date found on the front page of the Judge’s Order.
p. | If you answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt
from the $25.00 filing fee. However, if the Court later determines you should have paid the
filing fee, your motion will not be decided until the $25.00 fee is paid.
Date
I Wiel that the answers provided on this Notice are true.
Cheb. he {- hd | Print Name: Lance Delon Alvarado
fst, OF thy “5 day Print Address: 155 Staci ‘Way Sun Valley Nv 89433
des ol yet ‘ i ide /t2s re ed Rev. 10/24/2002
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 113 of 3664
Code: 3880
Name: Lance Delon Alvarado ZUI20CT-1 AM 1: 39
Address: 155 Staci Way
SURT
Sun Valley Nv 89433 WN thie Gt
Telephone: (775) 830-9417 BY. ee ghan
Appearing in Proper Person Co
IN THE FAMILY DIVISION
OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
Jacqueline Dawn Alvarado
Plaintiff
Vs. Case No. _FV11-04096
Lance Delon Alvarado Dept. No. _ DM1.
Defendant
/
RESPONSE FO-SUPPREMENT TO APPLICANT'S ORDER TO SHOW CAUSE
I,___ Lance Delon Alvarado appearing in Proper Person, respond to
(Your Name)
the Motion filed by_Jacqueline Dawn Alvarado on SEPTEMBER 20 2012
(Other Party’s Name) (Date Motion was filed).
as follows:
Explain specifically why you oppose or why you agree with the Motion or Request. If you
agree with one part but disagree with another part of the Motion or Request,
explain that also.
ADVERSE PARTY LANCE DELON ALVARADO HEREBY RESPONDS WITH COUNTERCLAIM TO A MOTION FOR AN ORDER TO
SHOW CAUSE FILED SEPTEMBER 20 2012 BY CAROLYN STERNICHT OF WASHOE LEGAL SERVICES ON BEHALF OF
APPLICANT NAMED ABOVE JACQUELINE DAWN ALVARADO
AFFIRMATIVE DEFENSE OF POINTS AND AUTHORITIES
_SEC1 ADVERSE PARTY AFFIRMS PROCEDURAL HISTORY IN PART
REV 12/21/2010 AA j A3 RESPONSE TO MOTION
oO f@©8 N A WH Fe WY HN we
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 114 of 366
SEC ADVERSE PARTY AFFIRMS SENDING TEXT MESSAGES TO APPLICANT REGARDING CHILDREN AND PERSONAL
BELONGINGS IN PART.
(a) APPLICANTS EXHIBITS CONFIRM SUBJECT MATTER REGARDING EPO SEC 12 (d,e) AND COMPLY TO NRCP 9(d)
(b) NOTICE (NRS 104.1202 Notice) UNAUTHORIZED SIGNATURES OF DATES AND TIMES WITHIN APPLICANTS EXHIBITS
ENTERED. (EXAMPLE EXHIBIT + SENT JUNE 29, 7:19PM) ALTERATION OF TEXT MESSAGES SENT CONSTITUTES FURTHER
PURGERY AND FRAUD
(c) APPLICANT USING TEXT MANIPULATION (EXAMPLE "SNAPSHOT") OR OTHER FRAUDULENT MEANS IN RETALIATION,
GAIN ADVANTAGE, FURTHER SANCTION AND/OR DELAY UPCOMING CASE MANAGEMENT CONFERENCE.
(d) ADVERSE PARTY SHOWING GOOD CAUSE AND IN TRUE INTEREST OF JUDICIAL ECONOMY AND IN THE BEST
INTEREST OF APPLICANT, ADVERSE PARTY GIVING APPLICANT GPPGRTUNITY TO WITHDRAWL MOTION TO SHOW CAUSE
Fi 20 201 10R TO HEARI OBER 17 2012 INGING EVIDENCE IN SUPPORT NRS 719. NRS 719.330 J3(2¢
(If you need more room you may attach additional sheets of paper. Be sure you write only on one
side of the paper.)
. I DO request a hearing on this matter.
(Do or Do Not)
If a hearing is requested, please state why you believe a hearing is necessary.
APPLICANT'S ATTORNEY NOT ACTING IN GOOD FAITH OR FOR JUDICIAL ECONOMY BY BRINGING MOTION INTENDING
MAYHEM AND IS AD LITEM MALUM IN SE TO ATTAIN FEES FOR PRO BONO REPRESENTATION AND GAIN ADVANTAGE OVER
ADVERSE PARTY IN UPCOMING CASE MANAGEMENT CONFERENCE
APPLICANT INCLUDING AFFILIATES NAMED THRU OUT CONTINUE TO CAUSE ADVERSE PARTY'S DAMAGES TO ACCUMULATE
AND EXCEED WELL OVER $10,000. IN EFFORTS TO ATTAIN APPLICANT A DEFAULT JUDGEMENT FOR DIVORCE.
This document does not contain the Social Security Number of any person.
I declare, under penalty of perjury under the law of the State of Nevada, that the foregoing is
true and correct.
DATED this_ 2-7 day of Stprek ae 52012.
” (Your Signature)
Lance Delon Alvarado
(Your Printed Name)
REV 12/21/2010 AA 2 A3 RESPONSE TO MOTION
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 115 of $
ADVERSE PARTY DENIES BEING IN CONTEMPT OF COURT ORDER ISSUED DECEMBER 8 2011 OR ITS
MODIFICATION JULY 23 2012, GRANTING MOTION IN PART AFFECTING VISITATION, EPO SEC
12(a,b) CLEARLY STATING, IT IS FURTHER ORDERED THAT ALL PRIOR ORDERS NOT MODIFIED BY
THIS ORDER REMAIN IN EFFECT. ALLOWING TEXT COMMUNICATION BETWEEN PARTIES WITHIN
SUBJECT MATTER TO REMAIN
EPO SEC 12(d,e). NRS 123.080 NRS 123.110 NRS 189.007(3) NRS 194.010(4)
SEC IV APPLICANT HAS DENIED GRANDMOTHER VIRGINIA MAY BLACK ANY CONTACT WITH
CHILDREN IN COMMON IN ADDITION TO ADVERSE PARTY. INQUIRING AS TO THE CHILDREN’S
INTEREST IN ATTENDING RELIGIOUS SERVICES, AND/ORHER PRESENCE REQUESTED FOR HAIRCUTS,
NO RESPONSE WAS RECIEVED. MS. BLACK AGREES TO TESTIFY BY PHONE (775)830~-9417 (DAYS
OFF ARE WED AND THURS), BY LETTER, OR APPEAR AND TESTIFY IF REQUIRED BY COURT.
SEC V ADVERSE PARTY SHOWING COMPLIANCE TO EPO ISSUED DECEMBER 8 2011, MODIFIED JULY
23 2012, APPLICANTS EXHIBITS SUBMITTED WITH MOTION FOR ORDER TO SHOW CAUSE FILED
SEPTEMBER 20 2012. ADVERSE PARTY DENIES IN PART DATES AND TIMES TEXT BEING SENT WITHIN
APPLICANTS NEXHIBITS SUBMITTED.
(a) ADVERSE PARTY MOVES TO STRIKE COMPLAINT AND CONTEMPT PROCEEDINGS AGAINST ADVERSE
PARTY IN UPCOMING CASE MANAGEMENT CONFERENCE FOR DIVORCE SET FOR OCT 17 2012 CASE¢
DV12-01286.
(b) ADVERSE PARTY CONTESTS GRANTING FEES TO WASHOE LEGAL SERVICES FOR COSTS
RESULTING FROM MOTION FOR ORDER TO SHOW CAUSE FILED SEPTEMBER 20 2012.
(c) ADVERSE PARTY MOVES TO DISMISS APPLICANTS MOTION FILED SEPTEMBER 20 2012 AND
SANCTION APPLICANT FROM FUTURE MISCONDUCT. WRS 169,007{3) NRCP 11(c)
COUNTER CLAIM
I ADVERSE PARTY SUFFERS FROM INCLUDING BUT NOT LIMITED TO, CONTINUED DURESS, FEAR,
LOSS, BIAS, DEFAMATION OF CHARACTOR AND SLANDER BY NUMEROUS FALSE ACCUSATIONS AND
566
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 116 of 36
FRIVILOUS COMPLAINTS BY APPLICANT AND AFFILIATES ALLEDGING EPO VIOLATIONS COMMITTED,
BEING COERCED TO CONTINUALLY DEFEND HIS RIGHTS IN NUMEROUS COURTS, DETAINED BY
INCARSERATION, PREPERATION AND DRAFTING RESPONCES, COUNTER MOTIONS, AND PLEAS BEING
DENIED, ADVERSE PARTY CONTINUALLY RESTRAINED FROM SEEKING VISITATION, EMPLOYMENT,
SECURITY, HAPPINESS, AND FREEDOM, TO PURSUE TRUE SUBJECT MATTER BEING OBVIOUSLY
AVOIDED, THE PARTIES DIVORCE.
If ADVERSE PARTY ENDURING POVERTY, ABATEMENT AND OPPRESSION THRU WRONGFUL
IMPRISONMENT, MALICIOUS PROSECUTION USING THREATS AND INTIMIDATION BY WAY OF EXCESSIVE
PUNISHMENTS GIVEN IF CONTESTATION OF CONVICTION CONTINUED, SANCTIONS IMPLIMENTED BY
APPLICANT AND/OR EMPLOYER USING AFFILIATES, TOWNSHIPS AND DEPARTMENTS WITHIN, WASHOE
COUNTY AND THE STATE OF NEVADA RENDERING AIDE AND ABEDDING APPLICANT USING FRIVILOUS
AND PURGED STATEMENTS IN COMPLAINTS, ALLOWING UNDER PRETENCE, APPLICANT A DISOLUTION
OF MARRIAGE, CUSTODY, ALL ASSETS, COMMUNITY AND REAL PROPERTY WITHIN SINCE DECEMBER 8
2011 TO DATE, BY THE AWARD OF AN EXTENDED ORDER FOR PROTECTION WITHOUT CAUSE OR MERIT.
THE ABUSE OF DESCRETION AND NEGLECT OF EXCEPTIONS, INCLUDING BUT NOT LIMITED TO THE
STATEMENTS ABOVE AND REFFERRAL TO MRS. JACQUELINE DAWN ALVARADO AS MS. ALVARADO,
WITHIN REPORTS FILED AND HEARINGS HELD IN A DOMESTIC VIOLENCE FORUM. ADMITTED BY
APPLICANT WITHIN APPLICATION FILED NOVEMBER 8, 2011, THAT NO THREATS OF VIOLENCE EVER
OCCURRED. WHEN DIVORCE COURT AND DIVISION OF PROPERTY REAL AND COMMUNITY BEING THE
THREATS OF LIFE CHANGING EVENTS APPLICANT REFFERRED TO, AND ALWAYS HAS BEEN THE PROPER
SUBJECT JURASTICTION OF BOTH PARTIES. YET CONTINUE USING FUNDING FOR VICTIMS OF
DOMESTIC VIOLENCE IN A MISAPROPRIATED AND FRAUDULENT MANNER, IN EFFORT TO AWARD
APPLICANT A DEFAULT JUDGEMENT FOR DIVORCE. NRS 123.080(4) NRS 189.007 (3)
Tir ADVERSE PARTY INCLUDING BUT NOT LIMITED TO PRAYS FOR SANCTIONS ON APPLICANT AND
AFFILIATES FROM FURTHER FRIVILOUS COMPLAINTS AND FRAUDULENT CLAIMS OF DOMESTIC
VIOLENCE OR CONTEMPT OF COURT ON ANY PERSONS TO CONTINUE, THAT LACK MERIT.
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 117 of ade
Iv TO ACCOUNT FOR ANY PURGED STATMENTS RECORDED AND IGNORED, PURPOSEFUL ADMISSION
OF DOCUMENTARY, DEMONSTRATIVE, AND FRAUDULENT EVIDENCE, OMITTING ADVERSE PARTY’S
DEFENSE, RULING SOLEY IN SUPPORT OF APPLICANTS CLAIMS, WITH CONTINUED GROSS
NEGLIGENCE, ABUSE OF DISCRETION, INTRINSIC AND EXTRINSIC FRAUD BEING ALLOWED,
CONSTANTLY NEGLECTING ADVERSE PARTY'S INALEABLE RIGHTS RESULTING IN FORMA PAUPERIS
STATUS AND SUBSTANTIAL LOSS INCLUDING BUT NOT LIMITED TO A PERSONS HOME, CHILD CUSTODY
AND VISITATION, RETENTION OF EQUITABLE INTEREST, DIVISION OF COMMUNITY PROPERTY BY
JUDICIAL FRAUD AND COLLATERAL ESTOPPEL.
Vv ADVERSE PARTY ACTING PRO PER PRAYS FOR TREBLE DAMAGES AWARDED FOR THE COSTS IN
INCURRED, MEANT FOR RETALIATION AND/OR TO FRAUDULENTLY APPROPRIATE FEES AND COSTS, BY
HINDERING, DELAYING, DEFFERING, CRIMINALIZING, ABATING, PROLONGING, HARRASSING,
DEFACATION OF ADVERSE PARTY'S CHARACTOR, TO GAIN ADVANTAGE AND/OR ESTOPPEL OF PENDING
AND/OR FUTURE ACTIONS FOR RELIEF BY ADVERSE PARTY, INCLUDING BUT NOT LIMITED TO THE
TRUE SUBJECT MATTER, PARTIES DIVORCE AND CASE MANAGEMENT CONFERENCE TO BE HEARD
OCTOBER 17 2012.
CONCLUSION
ADVERSE PARTY HAS CONTINUALLY BEEN COOERSED TO DEFEND ACTIONS TAKEN SINCE HEARING
HELD DECEMBER 8 2011 ISSUING EXTENDED ORDER FOR PROTECTION, REMINDING THE COURT
REGARDING ADVERSE PARTY’S RESPONSE FILED NOVEMBER 23 2011. SAID ABUSE AND NEGLECT OF
PERSONAL AND FINANCIAL ISSUES AFFECTING CHILDREN BY APPLICANT’S CONTINUED COMPLAINTS
AND IGNORANCE OF COMMUNICATION FOR RESOLUTION CONTINUE.
ADVERSE PARTY CAN DOCUMENT SUBSTANTIAL NUMBERS OF RULES UNDER NRCP, NRS, CASE LOGS
AND TREATIES, TO ARGUE, PLEA, COUNTER AND COMPLAIN, WITH GOOD CAUSE, IN SUPPORT OF
AFFIRMATIVE DEFENSE ON ALL ISSUES ARGUED. ACTING IN PROPER PERSON ADVERSE PARTY LANCE
DELON ALVARADO CONTINUES BEING VICTIM OF ABUSE OF PROCESS WITH JUDICIAL BIAS AND
DISREGARD TO JUSTICE BEING EQUALLY ADMINISTERED.
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 118 of 36
ADVERSE PARTY PLEAS TO ALL INVOLVED TO STOP CRIMINALIZING INNOCENT PERSONS FOR
JUSTIFICATION OF ACTIONS TAKEN, WASTING THE VALUABLE RESOURCES ALLOTED FOR THE TRUE
VICTIMS OF DOMESTIC VIOLENCE. THESE FUNDS ARE NOT INTENDED FOR THOSE SEEKING TO LINE
THEIR POCKETS WITH CORPRATE DISCOUNTS FOR SERVICES RENDERRED AND FEDERAL FUNDING
GRANTED.
INCLUDING BUT NOT LIMITED TO
CSN ARTICLE 1 SEC 1[8(4,5), 9 ,14, 15, 20, 21], NRS 12.010 NRS 12.015 NRS 12.110 NRS
12.105 NRS 22.010(7) NRS 18.010(2(b) NRS 123.080 NRS 179.245(4) NRS 179.255 NRS
189.007(3) NRS 194.010(4) NRS 719.320 NRS 719.330[3(c)] NRS 197.160 NRS 197.180 NRS
197.200 NRS 197.210, NRCP RULE 11 (c)
INCLUDING BUT NOT LIMITED TO
United States v. Throckmorton, 98 U.S. 61, 66, 25 L.Ed. 93 (1878). See Savage v.
Salzmann, 88 Nev. 193, 195, 495 P.2d 367, 368 (1972) (citing Throckmorton and noting
that fraud on the court involves situations where, as a result of the fraud, a “party
is kept away from the court by . such conduct as prevents a real trial upon the issues
involved”).
“Libe NRS 200.460 NRS 200.510 NRS 12.110 Libel v. Libel, 5 Kan.App.2d 367, 616 P.2d
306 (1980) UFTA 3439.04, subd. (a).)
IN RE: Complaint as to the CONDUCT OF Bruce E. HUFFMAN
IN RE: Complaint as to the CONDUCT OF Bruce E. HUFEMAN, Accused.
(OSB 94-187; SC $43743)
Argued and Submitted Jan. 5, 1998. -- May 27, 1999
Od
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 119 of 36¢
The Bar alleged that the accused's conduct, described in the first cause of
complaint, violated Code of Professional Responsibility Disciplinary Rule (DR) 1~
102(A) (4) (prohibiting conduct prejudicial to the administration of justice), DR 7-
102(A) (1) (prohibiting a lawyer from taking legal action if the lawyer knows or when
it is obvious that such action merely would serve to harass or maliciously injure
another), and DR 7~-102(A) (2) (prohibiting a lawyer from knowingly advancing an
unwarranted claim or defense).
Fair v. Tampa Electric Co., 158 Fla. 15, 18, 27 So.2d 514, 515 (1946). See Black's
Law Dictionary 595 (rev. 5th ed.1979). In other words, extrinsic fraud occurs where
a defendant has somehow been prevented from participating in a cause.
Intrinsic fraud, on the other hand, applies to fraudulent conduct that arises
within a proceeding and pertains to the issues in the case that have been tried or
could have been tried. This Court . has expressly held that false testimony given in
a proceeding is intrinsic fraud.
We have stated that {iJf a judgment was obtained upon false testimony or a fraudulent
instrument and the parties were heard, the evidence submitted to and received
consideration by the court, then it may he said that the matter has been actually
tried, or was so in issue that it might have been tried and the parties are estopped
to set up an intrinsic or direct fraud to vitiate the judgment, because the judgment
is the highest evidence and cannot be contradicted by the parties to it.
Johnson v. Wells, 72 Fla. 290, 299, 73 So. 188, 191 (1916) (citation omitted).
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 120 of 366
SECOND JUDICIAL DISTRICT COURT
COUNTY OF WASHOE, STATE OF NEVADA
AFFIRMATION
Pursuant to NRS 239B.030
The undersigned does hereby affirm that the preceding document,
RESPONSE TO MOTION ORDER TO SHOW CAUSE
FILED SEPTEMBER 20 2012
(Title of Document)
FV11-04096
filed in case number:
"A Document does not contain the social security number of any person
-OR-
Document contains the social security number of a person as required by:
{| Aspecific state or federal law, to wit:
(State specific state or federal law)
-or-
L] For the administration of a public program
L] For an application for a federal or state grant
-or-
a Confidential Family Court Information Sheet
(NRS 125.130, NRS 125.230 and NRS 125B.055)
Date: SEPTEMBER 29 2012 _ 2-2
(Signature)
LANCE DELON ALVARADO
(Print Name)
ACTING PRO PER
(Attorney for)
Affirmation
Revised December 15, 2006
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 121 of 366
IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
Jacqueline Dawn Alvarado
)
) MOTION/OPPOSITION NOTICE
vs. ) (REQUIRED)
Lance Delon Alvarado )
} DEPT.NO. DM 1
NOTICE: THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed pursuant to chapter 125, 125B
or 125C of NRS and to any answer or response to such a motion or other paper.
A. | Mark the CORRECT ANSWER with an X. YES NO
1. Has a final decree or custody order been entered in this
case? If yes, then continue to Question 2. If ne, you do not xX
need to answer any other questions.
2. Is this a motion or an opposition to a motion filed to
change a final order? If yes, then continue to Question 3. If
no, you do not need to answer any other questions.
— 3. Is this a motion or an opposition to a motion filed only to
change the amount of child support?
4. Is this a motion or an opposition to a motion for
reconsideration or a new trial and the motion was filed
within 10 days of the Judge’s Order?
IF the answer to Question 4 is YES, write in the filing Date
date found on the front page of the Judge’s Order.
B. | Ifyou answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt
from the $25.00 filing fee. However, if the Court later determines you should have paid the
filing fee, your motion will not be decided until the $25.00 fee is paid.
1 affirm that the answers provided on this Notice are true.
Date: & ai Z7_ gv? _ Signature: aa ee
Print Name: Lance Delon Alvarado
Print Address: 155 Staci Way Sun Valley Nv 89433
Telephone Number: (775) 830-9417
Rev. 10/24/2002
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Filed 12/29/23 Page 122 of 366
* Casten2:23-cv-03041-TLN-CSK © Document 1
Code: 3880 bo
Name: Lance Delon Alvarado oS
Address:__155 Staci Way og AUG -S Pa S42
Telephone: __ (775) 830-9417 a yy ‘ale
Appearing in Proper Person ha
IN THE FAMILY DIVISION ~
OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
Jacqueline Dawn Alvarado
Plaintiff
vs. Case No. FV11-04096
DM1
Lance Delon Alvarado Dept. No.
Defendant
/
RESPONSE TO SUPPLEMENT TO APPLICANT'S ORDER TO SHOW CAUSE
I,___ lance Delon Alvarado appearing in Proper Person, respond to
(Your Name)
the Motion filed by_ Jacqueline Dawn Alvarado ___on July 24 2012
(Other Party’s Name) (Date Motion was filed)
as follows:
Explain specifically why you oppose or why you agree with the Motion or Request. Ifyou
agree with one part but disagree with another part of the Motion or Request,
explain that also.
ADVERSE PARTY AFFIRMS sending texts as entered as exhibits 1 and 2 of APPLICANT'S SUPPLEMENT,
ADVERSE PARTY AGREES te Points and Authorities IN PART within APPLICANT'S MOTION Order To Show Cause,
ADVERSE PARTY ASKS IMMEDIATE DISMISSAL of APPLICANT'S MOTION Order To Show Cause
OFFICIAL MISCONDUCT UTILIZING SUPPLEMENT TO MOTION AND OMMISSION OF POINTS AND AUTHORITIES
ADVERSE PARTY OPOSSES FEES TO WASHOE LEGAL SERVICES FOR FILING MOTION
ADVERSE PARTY NOT IN VIOLATION OF (NRS22.040) OR (EPO) [SSUED DEC 8 2011
ADVERSE PARTY ASKING (ADV EXHIBITS) ATTACHED BE CONSIDERED
REV 12/21/2010 AA 1 A3 RESPONSE TO MOTION
a Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 123 of 366
ADVERSE PARTY MOVES TO STRIKE EXHIBIT 1. TEXT CLEARLY IN REGARDS TO CHILDREN.IN COMMON
Acknowledgment of APPLICANTS ARGUMENT within a LEGAL HEARING over VISITATION with CHILDREN IN
COMMON in a "WORRIE FREE ENVIRONMENT’, Family Peace Center IS WELCOMED BY ADVERSE PARTY WHILE
AWAITING OBJECTION to MASTERS RECOMMENDATION of SUPERVISED VISITATION AND NOTICE TO SET
jj to be heard on 3RD FLOOR OF COURTHOUSE PER INSTRUCTIONS WITHIN PACKET A-?7 ATTAINED AT SELF HELP
CENTER. (ADV EXHIBIT 1) ( EPO 12 D LINE 16, NSC 1.1,9,20)
ADVERSE PARTY'S RIGHTS REGARDING TEXT MESSAGING BI LATTERAL AGREEMENT BETWEEN PARTIES IN
REGARDS TO PERSONAL BELONGINGS AND REMOVAL FROM SHARED RESIDENCE OMMITTED FROM POINTS
AND AUTHORITIES AND MAKER'S CONTINUED NEGLECT DURING SUPPLEMENT MOTION AND EXHIBIT 2
ABATES ADVERSE PARTY'S RIGHT OVER TEXT MESSAGES REGARDING SUBJECT MATTER, EXCLUSION OF
ADV EXHIBIT 2 (EPO 12, E) WOULD WITHOUT A DOUBT MERIT A VIOLATION OF EPO ISSUED DEC 8, 2011,
(if you need more room you may attach additional sheets of paper. Be sure you write only on one
side of the paper.)
I DO request a hearing on this matter.
(Do or Do Not)
If a hearing is requested, please state why you believe a hearing is necessary.
"First Amendment Petition"
CSN Section 9 of Article 1
This document does not contain the Social Security Number of any person.
I declare, under penalty of perjury under the law of the State of Nevada, that the foregoing is
true and correct.
DATED this 6 day of _- August ,20 12.
(Your Signature)
Lance Delon Alvarado
(Your Printed Name)
REV 12/21/2010 AA 2 A3 RESPONSE TO MOTION
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1)" *Case2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 124 of 364
APPLICANTS CONTINUED USE OF SUCH DEMONSTRATED EVIDENCE HAS CAUSED DAMAGES.
APPLICANTS USE OF HER PLACE OF EMPLOYMENT AND AFFILIATES AS WELL AS TOWNSHIPS AND
DEPARTMENTS WITHIN CONTINUE TO AID AND ABED SAID ACTIONS, BY PERSECUTION, WRONGFUL
PROSECUTION WITH CONVICTION. PROLONGING RETENTION AND ALLOWING EVASION OF OBLIGATIONS
TO DIVIDE PARTIES ACCRUED INTERESTS ACUMULATED, OVER A 14 YEAR MARRIAGE-.INCLUDING BUT
NOT LIMITED TO CUSTODY, EQUITABLE INTEREST, BENEFITS AND SECURITIES PRIVATE AND
COMMUNITY PROPERTY LEAVING ADVERSE PARTY IN FORMA PAUPERIS
ADVERSE PARTY MOVES TO VACATE APPLICANTS ORDER TO SHOW CAUSE
ADVERSE PARTY RESPONDS TO APPLICANTS ORDER TO SHOW CAUSE AND SUPPLEMENT FILED JULY 24
2012
ADVERSE PARTY REPLYS TO APPLICANTS RESPONSE TO EX PARTE ORDER SHOWING CAUSE FILED
JULY 2 2012
ADVERSE PARTY WISHES A HEARING BE SET
Case 223-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 125 of 366
IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
“ @ Jacqueline Dawn Alvarado )
) FAMILY COURT
) MOTION/OPPOSITION NOTICE
Lance Delon Alvarado )
; CASENO. FV11-04096
} DEPT.NO. DM 1
NOTICE: THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed pursuant to chapter 125, 125B
or 125C of NRS and to any answer or response to such a motion or other paper.
A. | Mark the CORRECT ANSWER with an X. YES NO
1. Has a final decree or custody order been entered in this
case? If yes, then continue to Question 2. If ne, you do not xX
need to answer any other questions.
2. Is this a motion or an opposition to a motion filed to
change a final order? If yes, then continue to Question 3. If
© no, you do not need to answer any other questions.
3. Is this a motion or an opposition to a motion filed only to
change the amount of child support?
4. Is this a motion or an opposition to a motion for
reconsideration or a new trial and the motion was filed
within 10 days of the Judge’s Order?
IF the answer to Question 4 is YES, write in the filing
date found on the front page of the Judge’s Order.
If you answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt
Date
B.
from the $25.00 filing fee. However, if the Court later determines you should have paid the
filing fee, your motion will not be decided until the $25.00 fee is paid.
1 affirm that the answers provided on this Notice are true.
Date: _ Aug 6 , 2012 Signature: a eZ
Print Name: Lance Delon Alvarado
Print Address: 155 Staci Way Sun Valley Nv 89433
Telephone Number: (775) 830-9417
Rev. 10/24/2002
‘Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 126 of 366
Exhibit Index
Exhibit # Description Pages
1 PAGE 4 OF PACKET A-7 1
OBJ MASTER RECOMMEND.
SECTION 12 OF EXTENDED ORDER FOR
2 PROTECTION ISSUED DECEMBER 8 2011
PARARAPH E LINES 17, 18, 19
SPARKS MUNICIPAL MOTION
‘ORDER TO SHOW CAUSE” CLERK DENYING
3 TO FILE ACTING PRO PER AFTER COUNCEL 2
. FOR APPEAL WAS AWARD
Case 2:27-EPB 304 7ENCSK* Ddcument1 Fifed412/29/23 * Page 128 of 366
STEP 4
FILLING IN AND FILING THE FIRST PROOF OF SERVICE
The importance of filling out and filing the Proof of Service cannot be emphasized
strongly enough! Without the proper filing of the Proof of Service, the matter cannot
be set for hearing.
The Proof of Service is to be filled in and signed by the person who either mails the copy
of the Objection to the other party or personally serves the Objection on the other party.
Print your name, address and telephone number in the upper left comer and fill in the
heading just as it appears on all your other documents, including the Case Number and
the Department Number.
The rest of the Proof of Service must be completed by the person who serves the
documents on the other party.
After the Proof of Service has been completed and signed, make one copy of the
_document. Take the original and the copy of the Proof of Service to the filing clerk’s
office and file itin. The Filmg Clerk will keep the original and return a file stamped
copy to you for your records.
STEP 5
APPEARING TO SET THE MATTER FOR HEARING
APPEARING IN PERSON TO SET THE MATTER
On the day and time stated in your Notice To Set, take the following documents with
The Application for Setting Bag Fa fer wow fo 4 HS Aa Cerne t
Your copy of the Objection and Notice To Set eee a) ote.
Your copy of the Proof of Service .
Go-to-the-counter-om thetltind floor ofthe Courthouse at One South Sierra Street and tell
the clerk at the counter that you 2 are there to set a hearing on your Objection.
On the APPLICATION FOR SETTING form, fill in the heading just as it appears on
your other documents.
REV 9/2009 AA
AM BE shthit | Pane. | of \
‘ Case 2:23-c¥ B04 LrKae xe 7Doc&ment AS 1A S753 "page 131 of 366
IN THE MUNICIPAL COURT OF THE CITY OF SPARKS
COUNTY OF WASHOK, STATE OF NEVADA
(PLEASE PRINT OR TYPE)
CITY OF SPARKS, Piainiiff CASE NO:_ 12 c 000143
VS ATTY BAR NO:
NAME: Lance Delon Alvarado ATTORNEY:
ADDRESS: 155 Staci Wav ADDRESS:
CITY / ZIP: Sun Valley Nv _ 89433 CITY / ZIP:
PHONE: (775) 830-9417 PHONE / FAX:
HOME WORK
Pursuant to NRCP 5(b) | certify that | deposited for mailing a true copy of the attached document addressed to:
@city Attorney OdDefendant's Attorney ODefendant
Has:the-opposing party been verbally notified of.this motion? @yes ONo
Comes now the undersigned affiant and moves the court to: O interpreter required (Language. )
O sEnter a Not Guilty Plea OQ Waive Time for Trial Q Continue Araignment Date
OQ Continue Sentence DateQ Continue Trial Date OQ Forfeit Bail
» Dismiss Charge © Amend Charge OQ Change of Piea
@ Other order to Show Canse
is relief Is sought for the following reasons:__Judge Mcarthy granting motion filed for Production Of
Documents by Lance Delon Alvarado in order to file taxes
g 2011, Mr. Alvarado again attempting to take leave of court, sending Jacqueline Alvarado text
questing said documents be sent by mail, has continued to ignore motion granting production to Defendant, Mr. Alvarado text
cqueline Alvarado of intent to file this Order Showing Cause if said Neglect continued, in response Mr Alvarado received letter
jarding complaint filed by Jacqueline Alvarado in regards to a violation of protection order issued by Master Edmonson Dec 8
11, allowing text comunication in regards to children and personal belongings. Said documents being personal belongings of
Ar Alvarado, who offered to pay mailing costs, yet is in fear of Sparks Police to request an officer to keep the peace for personal
leval of documents needed. Requesting ORDER TO SHOW CAUSE be granted having said documents released to Defendant
uthorization to Represent Quas Quas not been filed. (Authorization to Represent must be filed within 10 days.)
AUTHORIZATION TO REPRESENT
t licable _, in accordance with NRS 178.388, hereby designate my attomey, _ Not. Applicable
‘sent me in all proceedings in the Sparks Municipal Court in the above captioned matter.
SIGNED : Not Applicable
(Defendant)
{Attiomey)
Page 132 of 366
IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
Jacqueline Dawn Alvarado
Lance Delon Alvarado
vs,
FAMILY COURT
MOTION/OPPOSITION NOTICE
(REQUIRED)
CASE NO.
FV11-04096
DEPT. NO.
DM 1
NOTICE:
THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed pursuant to chapter 125, 125B
or 125C of NRS and to any answer or response to such a motion or other paper.
- | Mark the CORRECT ANSWER with an X.
YES
NO
1. Has a final decree or custody order been entered in this
case? If yes, then continue to Question 2. If no, you do not
need to answer any other questions.
Xx
2. Is this a motion or an opposition to a motion filed to
change a final order? If yes, then continue to Question 3. If
no, you do not need to answer any other questions.
3. Is this a motion or an opposition to a motion filed only to
change the amount of child support?
4. Is this a motion or an opposition to a motion for
reconsideration or a new trial and the motion was filed
within 10 days of the Judge’s Order?
IF the answer to Question 4 is YES, write in the filing
date found on the front page of the Judge’s Order.
Date
If you answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt
from the $25.00 filing fee. However, if the Court later determines you should have paid the
filing fee, your motion will not be decided until the $25.00 fee is paid.
Date: _ Aug @, 2012 Signature:
I aftinn that the answers provided on this Notice are true.
Verte ph. £ hd ~ Print Name: Lance Delon Alvarado
Motion fA
S day Print Address: 155 Staci Way Sun Valley Nv 89433
- Fa
| This fg 2 Telephone Number: (775) 830-9417
led
Rev. 10/24/2002
YN NNW
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 134 of 366
Code: 3880
Name: Lance Delon Alvarado
Address:__155 Staci Way
Sun Valley Nv 89433 CLES
Appearing in Proper Person ee
IN THE FAMILY DIVISION
OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
i Jacqueline Dawn Alvarado
Plaintiff
vs. Case No. _FV11-04096
Lance Delon Alvarado Dept. No. __DM1
Defendant
/
RESPONSE ‘FO-SURPREMENT TO APPLICANT'S ORDER TO SHOW CAUSE
I,___ Lance Delon Alvarado appearing in Proper Person, respond to
(Your Name)
the Motion filed by_ Jacqueline Dawn Alvarado on SEPTEMBER 20 2012
(Other Party’s Name) (Date Motion was filed).
as follows:
Explain specifically why you oppose or why you agree with the Motion or Request. If you
agree with one part but disagree with another part of the Motion or Request, —
explain that also.
ADVERSE PARTY LANCE DELON ALVARADO HEREBY RESPONDS WITH COUNTERCLAIM TO A MOTION FOR AN ORDER TO
SHOW CAUSE FILED SEPTEMBER 20 2012 BY CAROLYN STERNICHT OF WASHOE LEGAL SERVICES ON BEHALF OF
APPLICANT NAMED ABOVE JACQUELINE DAWN ALVARADO
AFFIRMATIVE DEFENSE OF POINTS AND AUTHORITIES
SEC! ADVERSE PARTY AFFIRMS PROCEDURAL HISTORY IN PART
REV 12/21/2010 AA 1 A3 RESPONSE TO MOTION
i
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 135 of 366
SEC li ADVERSE PARTY AFFIRMS SENDING TEXT MESSAGES TO APPLICANT REGARDING CHILDREN AND PERSONAL
BELONGINGS IN PART.
(a) APPLICANTS EXHIBITS CONFIRM SUBJECT MATTER REGARDING EPO SEC 12 (d,e) AND COMPLY TO NRCP 9(d)
(b) NOTICE (NRS 104.1202 Notice) UNAUTHORIZED SIGNATURES OF DATES AND TIMES WITHIN APPLICANTS EXHIBITS
ENTERED. (EXAMPLE EXHIBIT 41 SENT JUNE 29, 7:19PM) ALTERATION OF TEXT MESSAGES SENT CONSTITUTES FURTHER
PURGERY AND FRAUD
(c) APPLICANT USING TEXT MANIPULATION (EXAMPLE “SNAPSHOT") OR OTHER FRAUDULENT MEANS IN RETALIATION,
GAIN ADVANTAGE, FURTHER SANCTION AND/OR DELAY UPCOMING CASE MANAGEMENT CONFERENCE.
(d}_ _ADVERSE PARTY SHOWING GOOD CAUSE AND IN TRUE INTEREST OF JUDICIAL ECONOMY AND IN THE BEST
INTEREST OF APPLICANT, ADVERSE PARTY GIVING APPLICANT OPPORTUNITY TO WITHDRAWL MOTION TO SHOW CAUSE
FILED SEP 20 2012 PRIOR TO HEARING OCTOBER 17 2012 , BRINGING EVIDENCE IN SUPPORT NRS 719.320. NRS 719.330 [3(2q)}
(If you need more room you may attach additional sheets of paper. Be sure you write only on one
side of the paper.)
; I DO request a hearing on this matter.
(Do or Do Not)
If a hearing is requested, please state why you believe a hearing is necessary.
APPLICANT'S ATTORNEY NOT ACTING IN GOOD FAITH OR FOR JUDICIAL ECONOMY BY BRINGING MOTION INTENDING
MAYHEM AND ISAD LITEM MALUMIN SE TO ATTAIN FEES FOR PRO BONO REPRESENTATION AND GAIN ADVANTAGE OVER
ADVERSE PARTY IN UPCOMING CASE MANAGEMENT CONFERENCE
APPLICANT INCLUDING AFFILIATES NAMED THRU OUT CONTINUE TO CAUSE ADVERSE PARTY'S DAMAGES TO ACCUMULATE
AND EXCEED WELL OVER $10,000. iN EFFORTS TO ATTAIN APPLICANT A DEFAULT JUDGEMENT FOR DIVORCE.
This document does not contain the Social Security Number of any person.
I declare, under penalty of perjury under the law of the State of Nevada, that the foregoing is
true and correct.
DATED this 2-7 day of St prerb <e— ,2012..
(Your Signature)
Lance Delon Alvarado
(Your Printed Name)
REV 12/21/2010 AA 2 ; A3 RESPONSE TO MOTION
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, Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 136 of 3
ADVERSE PARTY DENIES BEING IN CONTEMPT OF COURT ORDER ISSUED DECEMBER 8 2011 OR ITS
MODIFICATION JULY 23 2012, GRANTING MOTION IN PART AFFECTING VISITATION, EPO SEC
12(a,b) CLEARLY STATING, IT IS FURTHER ORDERED THAT ALI, PRIOR ORDERS NOT MODIFIED BY
THIS ORDER REMAIN IN EFFECT. ALLOWING TEXT COMMUNICATION BETWEEN PARTIES WITHIN
SUBJECT MATTER TO REMAIN
EPO SEC 12({d,e). NRS 123.080 NRS 123.110 NRS 189.007(3) NRS 194.010(4}
SEC IV APPLICANT HAS DENIED GRANDMOTHER VIRGINIA MAY BLACK ANY CONTACT WITH
CHILDREN IN COMMON IN ADDITION TO ADVERSE PARTY. INQUIRING AS TO THE CHILDREN’S
INTEREST IN ATTENDING RELIGIOUS SERVICES, AND/ORHER PRESENCE REQUESTED FOR HAIRCUTS,
NO RESPONSE WAS RECIEVED. MS. BLACK AGREES TO TESTIFY BY PHONE (775)830~9417 (DAYS
OFF ARE WED AND THURS), BY LETTER, OR APPEAR AND TESTIFY IF REQUIRED BY COURT.
SEC V ADVERSE PARTY SHOWING COMPLIANCE TO EPO ISSUED DECEMBER 8 2011, MODIFIED JULY
23 2012, APPLICANTS EXHIBITS SUBMITTED WITH MOTION FOR ORDER TO SHOW CAUSE FILED
SEPTEMBER 20 2012. ADVERSE PARTY DENIES IN PART DATES AND TIMES TEXT BEING SENT WITHIN
APPLICANTS NEXHIBITS SUBMITTED.
(a) ADVERSE PARTY MOVES TO STRIKE COMPLAINT AND CONTEMPT PROCEEDINGS AGAINST ADVERSE
PARTY IN UPCOMING CASE MANAGEMENT CONFERENCE FOR DIVORCE SET FOR OCT 17 2012 CASE#
DV12-01286.
(b) ADVERSE PARTY CONTESTS GRANTING FEES TO WASHOE LEGAL SERVICES FOR COSTS
RESULTING FROM MOTION FOR ORDER TO SHOW CAUSE FILED SEPTEMBER 20 2012.
(c) ADVERSE PARTY MOVES TO DISMISS APPLICANTS MOTION FILED SEPTEMBER 20 2012 AND
SANCTION APPLICANT FROM FUTURE MISCONDUCT. NRS 189.007(3) NRCP 11(c¢c)
COUNTER CLAIM
I ADVERSE PARTY SUFFERS FROM INCLUDING BUT NOT LIMITED TO, CONTINUED DURESS, FEAR,
LOSS, BIAS, DEFAMATION OF CHARACTOR AND SLANDER BY NUMEROUS FALSE ACCUSATIONS AND
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‘ — Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 137 of 36
FRIVILOUS COMPLAINTS BY APPLICANT AND AFFILIATES ALLEDGING EPO VIOLATIONS COMMITTED,
BEING COERCED TO CONTINUALLY DEFEND HIS RIGHTS IN NUMEROUS COURTS, DETAINED BY
INCARSERATION, PREPERATION AND DRAFTING RESPONCES, COUNTER MOTIONS, AND PLEAS BEING
DENIED, ADVERSE PARTY CONTINUALLY RESTRAINED FROM SEEKING VISITATION, EMPLOYMENT,
SECURITY, HAPPINESS, AND FREEDOM, TO PURSUE TRUE SUBJECT MATTER BEING OBVIOUSLY
AVOIDED, THE PARTIES DIVORCE.
at ADVERSE PARTY ENDURING POVERTY, ABATEMENT AND OPPRESSION THRU WRONGFUL
IMPRISONMENT, MALICIOUS PROSECUTION USING THREATS AND INTIMIDATION BY WAY OF EXCESSIVE
PUNISHMENTS GIVEN IF CONTESTATION OF CONVICTION CONTINUED, SANCTIONS IMPLIMENTED BY
APPLICANT AND/OR EMPLOYER USING AFFILIATES, TOWNSHIPS AND DEPARTMENTS WITHIN, WASHOE
COUNTY AND THE STATE OF NEVADA RENDERING AIDE AND ABEDDING APPLICANT USING FRIVILOUS
AND PURGED STATEMENTS IN COMPLAINTS, ALLOWING UNDER PRETENCE, APPLICANT A DISOLUTION
OF MARRIAGE, CUSTODY, ALL ASSETS, COMMUNITY AND REAL PROPERTY WITHIN SINCE DECEMBER 8
2011 TO DATE, BY THE AWARD OF AN EXTENDED ORDER FOR PROTECTION WITHOUT CAUSE OR MERIT.
THE ABUSE OF DESCRETION AND NEGLEC?P OF EXCEPTIONS, INCLUDING BUT NOT LIMITED TO THE
STATEMENTS ABOVE AND REFFERRAL TO MRS. JACQUELINE DAWN ALVARADO AS MS. ALVARADO,
WITHIN REPORTS FILED AND HEARINGS HELD IN A DOMESTIC VIOLENCE FORUM. ADMITTED BY
APPLICANT WITHIN APPLICATION FILED NOVEMBER 8, 2011, THAT NO THREATS OF VIOLENCE EVER
OCCURRED. WHEN DIVORCE COURT AND DIVISION OF PROPERTY REAL AND COMMUNITY BEING THE
THREATS OF LIFE CHANGING EVENTS APPLICANT REFFERRED TO, AND ALWAYS HAS BEEN THE PROPER
SUBJECT JURASTICTION OF BOTH PARTIES. YET CONTINUE USING FUNDING FOR VICTIMS OF
DOMESTIC VIOLENCE IN A MISAPROPRIATED AND FRAUDULENT MANNER, IN EFFORT TO AWARD
APPLICANT A DEFAULT JUDGEMENT FOR DIVORCE. NRS 123.080(4} NRS 189.007 (3)
IIT ADVERSE PARTY INCLUDING BUT NOT LIMITED TO PRAYS FOR SANCTIONS ON APPLICANT AND
AFFILIATES FROM FURTHER FRIVILOUS COMPLAINTS AND FRAUDULENT CLAIMS OF DOMESTIC
VIOLENCE OR CONTEMPT OF COURT ON ANY PERSONS TO CONTINUE, THAT LACK MERIT.
Od
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' Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 138 of 36
iv TO ACCOUNT FOR ANY PURGED STATMENTS RECORDED AND IGNORED, PURPOSEFUL ADMISSION
OF DOCUMENTARY, DEMONSTRATIVE, AND FRAUDULENT EVIDENCE, OMITTING ADVERSE PARTY'S
DEFENSE, RULING SOLEY IN SUPPORT OF APPLICANTS CLAIMS, WITH CONTINUED GROSS
NEGLIGENCE, ABUSE OF DISCRETION, INTRINSIC AND EXTRINSIC FRAUD BEING ALLOWED,
CONSTANTLY NEGLECTING ADVERSE PARTY'S INALEABLE RIGHTS RESULTING IN FORMA PAUPERIS
STATUS AND SUBSTANTIAL LOSS INCLUDING BUT NOT LIMITED TO A PERSONS HOME, CHILD CUSTODY
AND VISITATION, RETENTION OF EQUITABLE INTEREST, DIVISION OF COMMUNITY PROPERTY BY
JUDICIAL FRAUD AND COLLATERAL ESTOPPEL.
Vv ADVERSE PARTY ACTING PRO PER PRAYS FOR TREBLE DAMAGES AWARDED FOR THE COSTS IN
INCURRED, MEANT FOR RETALIATION AND/OR TO FRAUDULENTLY APPROPRIATE FEES AND COSTS, BY
HINDERING, DELAYING, DEFFERING, CRIMINALIZING, ABATING, PROLONGING, HARRASSING,
DEFACATION OF ADVERSE PARTY’S CHARACTOR, TO GAIN ADVANTAGE AND/OR ESTOPPEL OF PENDING
AND/OR FUTURE ACTIONS FOR RELIEF BY ADVERSE PARTY, INCLUDING BUT NOT LIMITED TO THE
TRUE SUBJECT MATTER, PARTIES DIVORCE AND CASE MANAGEMENT CONFERENCE TO BE HEARD
OCTOBER 17 2012.
CONCLUSION
ADVERSE PARTY HAS CONTINUALLY BEEN COOERSED TO DEFEND ACTIONS TAKEN SINCE HEARING
HELD DECEMBER 8 2011 ISSUING EXTENDED ORDER FOR PROTECTION, REMINDING THE COURT
REGARDING ADVERSE PARTY’S RESPONSE FILED NOVEMBER 23 2011. SAID ABUSE AND NEGLECT OF
PERSONAL AND FINANCIAL ISSUES AFFECTING CHILDREN BY APPLICANT'S CONTINUED COMPLAINTS
AND {GNORANCE OF COMMUNICATION FOR RESOLUTION CONTINUE.
ADVERSE PARTY CAN DOCUMENT SUBSTANTIAL NUMBERS OF RULES UNDER NRCP, NRS, CASE LOGS
AND TREATIES, TO ARGUE, PLEA, COUNTER AND COMPLAIN, WITH GOOD CAUSE, IN SUPPORT OF
AFFIRMATIVE DEFENSE ON ALL ISSUES ARGUED. ACTING IN PROPER PERSON ADVERSE PARTY LANCE
DELON ALVARADO CONTINUES BEING VICTIM OF ABUSE OF PROCESS WITH JUDICIAL BIAS AND
DISREGARD TO JUSTICE BEING EQUALLY ADMINISTERED.
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23 Page 139 of 36
ADVERSE PARTY PLEAS TO ALL INVOLVED TO STOP CRIMINALIZING INNOCENT PERSONS FOR
JUSTIFICATION OF ACTIONS TAKEN, WASTING THE VALUABLE RESOURCES ALLOTED FOR THE TRUE
VICTIMS OF DOMESTIC VIOLENCE. THESE FUNDS ARE NOT INTENDED FOR THOSE SEEKING TO LINE
THEIR POCKETS WITH CORPRATE DISCOUNTS FOR SERVICES RENDERRED AND FEDERAL FUNDING
GRANTED.
INCLUDING BUT NOT LIMITED TO
CSN ARTICLE 1 SEC 1[8(4,5), 9 ,14, 15, 20, 21], NRS 12.010 NRS 12.015 NRS 12.110 NRS
12.105 NRS 22.010(7) NRS 18.010(2(b) NRS 123.080 NRS 179.245(4) NRS 179.255 NRS
189.007(3) NRS 194.010(4) NRS 719.320 NRS 719.330[3(c)] NRS 197.160 NRS 197.180 NRS
197.200 NRS 197.210, NRCP RULE 11(c)
INCLUDING BUT NOT LIMITED TO
United States v. Throckmorton, 98 U.S. 61, 66, 25 L.Ed. 93 (1878). See Savage v.
Salzmann, 88 Nev. 193, 195, 495 P.2d 367, 368 (1972) (citing Throckmorton and noting
that fraud on the court involves situations where, as a result of the fraud, a “party
such conduct as prevents a real trial upon the issues
is kept away from the court by .
involved”).
Libe NRS 200.460 NRS 200.510 NRS 12.110 Libel v. Libel, 5 Kan.App.2d 367, 616 P.2d
306 (1980) UFTA 3439.04, subd. {a).)
IN RE: Complaint as to the CONDUCT OF Bruce E. HUFFMAN
IN RE: Complaint as to the CONDUCT OF Bruce E. HUFFMAN, Accused.
(OSB 94-187; SC 843743)
Argued and Submitted Jan. 5, 1998. -- May 27, 1999
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' Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 140 of 3d
The Bar alleged that the accused's conduct, described in the first cause of
complaint, violated Code of Professional Responsibility Disciplinary Rule (DR) 1-
102 (A) (4) (prohibiting conduct prejudicial to the administration of justice), DR 7-
102(A) (1) (prohibiting a lawyer from taking legal action if the lawyer knows or when
it is obvious that such action merely would serve to harass or maliciously injure
another), and DR 7-102(A}(2} {prohibiting a lawyer from knowingly advancing an
unwarranted claim or defense).
Fair v. Tampa Electric Co., 158 Fla. 15, 18, 27 So.2d 514, 515 (1946). See Black's
Law Dictionary 595 (rev. 5th ed.1979). In other words, extrinsic fraud occurs where
a defendant has somehow been prevented from participating in a cause.
Intrinsic fraud, on the other hand, applies to fraudulent conduct that arises
within a proceeding and pertains to the issues in the case that have been tried or
could have been tried. This Court . has expressly held that false testimony given in
a proceeding is intrinsic fraud.
We have stated that {i]f a judgment was obtained upon false testimony or a fraudulent
instrument and the parties were heard, the evidence submitted to and received
consideration by the court, then it may be said that the matter has been actually
tried, or was so in issue that it might have been tried and the parties are estopped
to set up an intrinsic or direct fraud to vitiate the judgment, because the judgment
is the highest evidence and cannot be contradicted by the parties to it.
Johnson v. Wells, 72 Fla. 290, 299, 73 So. 188, 191 (1916) (citation omitted).
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 141 of 366
SECOND JUDICIAL DISTRICT COURT
COUNTY OF WASHOE, STATE OF NEVADA
AFFIRMATION
Pursuant to NRS 239B.030
The undersigned does hereby affirm that the preceding document,
RESPONSE TO MOTION ORDER TO SHOW CAUSE
FILED SEPTEMBER 20 2012
(Title of Document)
FV11-04096
filed in case number:
¥ Document does not contain the social security number of any person
~OR-
Document contains the social security number of a person as required by:
[| A specific state or federal law, to wit:
(State specific state or federal law)
-or-
[| For the administration of a public program
-or-
L] For an application for a federal or state grant
-or-
CI Confidential Family Court Information Sheet
(NRS 125.130, NRS 125.230 and NRS 125B.055)
Date: SEPTEMBER 29 2012 2 ea
| (Signature)
LANCE DELON ALVARADO
(Print Name)
ACTING PRO PER
(Attorney for)
Affirmation
Revised December 15, 2006
vo Case 2:23-cv-03041-TLN-CSK Document1- Filed 12/29/23 Page 142 of 366
IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
© Jacqueline Dawn Alvarado )
FAMILY COURT |
) MOTION/OPPOSITION NOTICE
vs. ) (REQUIRED)
Lance Delon Alvarado )
CASENO. FV11-04096
} DEPT.NO. DM 1
NOTICE: THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed pursuant to chapter 125, 125B
or 125C of NRS and to any answer or response to such a motion or other paper.
A. | Mark the CORRECT ANSWER with an X. YES NO
1. Has a final decree or custody order been entered in this
case? If yes, then continue to Question 2. Ife, you do not xX
need to answer any other questions.
2. Is this a motion or an opposition to a motion filed to
change a final order? If yes, then continue to Question 3. If
@ no, you do not need to answer any other questions.
3. Is this a motion or an opposition to a motion filed only to
change the amount of child support?
4. Is this a motion or an opposition to a motion for
reconsideration or a new trial and the motion was filed
within 10 days of the Judge’s Order?
IF the answer to Question 4 is YES, write in the filing
date found on the front page of the Judge’s Order.
p. | If you answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt
from the $25.00 filing fee. However, if the Court later determines you should have paid the
filing fee, your motion will not be decided until the $25.00 fee is paid.
Date
1 affirm that the answers provided on this Notice are true.
Lance Delon Alvarado
Print Name:
Print Address: 155 Staci Way Sun Valley Nv 89433
Telephone Number: (775) 830-9417
Rev, 10/24/2002
Case 2:23-cv-03041-TLN-CSK
Document 1. _ Filed 12/29/23
Page 143 of 366
Washoe County Jail
inmate Booking Information Form
Jai b# Booking No
Soc
P-112182 12-17292 7941
MNI B
1054166
joking Date
10/20/2012
Booking Time
09:14
ame
VARADO , LANCE
Booking Name
ALVARADO , LANCE
Address
155 STACI WY
_SUN VALLEY
2P Code
89433
Race
WHITE
, Sex Height
M 6'01"
Weight
240#
Hair Color
BRO
Eye Color
BRO
Total Charges
1
Unsentenced Sentenced
. Holds State Hold
Federal Hold
DOB
12/16/1972
Place Of Birth City
SACRAMENTO
Place Of Bath State
CALIFORNIA
Occupation
CONSTRUCTION
Employer
UNEMPLOYED
Arrest Agency
SECOND JUDICIAL DISTRICT COURT FAMILY
Arrest Date
10/20/2012
Arrest Tine
08:12
Vehicle Stored At
OF COURT
SECOND JUDICIAL DISTRICT COURT FAMILY
Warrant No Warrant Agency
PCN Bail Amount Bail Type Court Case No
FV11-04096
Remarks
TO SERVE 10 C/S SAT FROM 0800-2000HRS,&
FINAL..SAT FROM 0800-1200.
0/27 (WKH#2) INCOMPLETE-1 HOUR CTS TO BE APPLIED TO FINAL (11TH), ADDED
WKND**IN 12/15/12 @0800 HRS**oOUT 12/15/12 @2000HR**2 WKNDS REMAIN**
2/15/2012 08:58:01 |
Page 1 of 1
. Case 2:23-cv-03041-TLN-CSK Document 1___ Filed 12/29/23 _ Page 144 of 366
hoe County Jail
mate Release Information Form
Booking Name Jail IDF Booking No Booking Date Booking Time
P-112182 12-17292 10/20/2012 09:14
{ Ris Reason Release Date Reis Tirne
DEFAULT RELEASE REASON AT BOOK IN |
i
Authority
UNDSEN
Court
SECOND JUDICIAL DISTRICT COURT FAMILY, ONE SOUTH SIERRA ST, RENO, NV 89520
Bail Amount Reis Condition
Charge Literal
NOC/Charg | PCN
52909 CONTEMPT OF COURT
i
Court Date Court Time Disp Type
WEEKENDER RELEASE
Disposition Date Disp Time
10/20/2012 20:34
| Remarks
9.5 DYS WCJ-TO SERVE 10 C/S SATURDAYS FROM 0800 TO 2000HRS,AND FINAL
SAT FROM 0800 TO 1200 STARTING ON 10/20/12. WKND#3 - IN:11/03/12 @
O800HRS, OUT 11/03/12 @ 2000HRS. NOTE TO COURTS-SEE FILE LJB1910.
If I am released on my Own Recognizance, or by bail posted, I hereby
promise to appear in the Court, and on the date and time, that are shown
on the charges indicated above with the court name, address, appearance
date, and appearance time printed with each. I am fully aware that my
| Failure to Appear to any of the above mentioned dates will result in my
‘arrest, and an additional charge being placed against me. If I should
leave the Court's Jurisdiction, I hereby waive all rights and any formal
| requirements that relate to extradition proceedings; and further, I will
Boe responsible for any and all expenses relating to my return to this
i I further acknowledge that I understand that any Court of competent
| jurisdiction may revoke this order of release without bail, without
notice, and may order me into custody or require me to furnish bail, or
otherwise, in order to ensure my appearance.
Release Prepared By
Defendant's Signature
Sergeant's Signature
11/03/2012 20:06:16 Page 1 of 1
Case 2:23-cv-03041-TLN-CSK Document 1
Filed 12/29/23. Page 145 of 366
ashoe County Jail
nmate Release Information Form
jaoking Name Jail De Booking No Booking Date Booking Time
VARADO , LANCE P-112182 12~17292 10/20/2012 09:14
i Release Date Rels Time
MN}
1054166
| CONTEMPT OF COURT
Court
SECOND JUDICIAL DISTRICT COURT FAMILY, ONE SOUTH SIERRA ST, RENO, NV 89520
Bail Amount Reis Condition
Court Date Court Time Disp Type
ou WEEKENDER RELEASE
10/20/2012 20:34
9.5 DYS WCJ-TO SERVE 10 C/S SATURDAYS FROM 0800 TO 2000HRS,AND FINAL
SAT FROM. 0800 TO 1200 STARTING ON 10/20/12. WKND#3 - IN:11/11/12 @
“9750uRS, OUF 33/11/12 @ 1950HRs, NOTE tO COURTS~SEE FILE LJB1910.
If I am released on my Own Recognizance, or by 1 bail posted, I hereby
| promise to appear in the Court, and on the date and time, that are shown
on the charges | indicated above with the court name, address, appearance
print 2a I am fully aware that my
Ak é jioned dates will result in my
arrest, and an additional charge being placed against me. If I should
Leave the Court's Jurisdiction, I hereby’ waive all rights and any formal
irements that relate to extradition proceedings;.and further, I will
responsibie for any and all expenses relating to my return to this
jurisdiction. :
I further acknowledge that I understand that any Court of competent
jurisdiction may revoke this order of release without bail, without
notice, and ‘may ordée, ustody-o7 quire me to furnish bail, ox
otherwise, in order to my appearanc ; ; “peewee
Release Prepared By
Defendant's Signature
Sergeant's Signature
1/10/2012 16: 19:28 oe | page 1 of 1
oe Céarty Paicv-03041-TLN-CSK Document1 Filed 12/29/23 Page 146 of 366
mate Booking Information Form
“Yall 1D# Booking No Soc MNI Booking Date Booking Time
P~112182 12-17292 7941 1054166 10/20/2012 09:14
Name
‘VARADO , LANCE
looking Name
ALVARADO , LANCE
Address City State ZIP Code
155 STACI WY SUN VALLEY NV 89433
Race Sex Height Weight Hair Color Eye Color
WHITE M 6'01" |240# | BRO BRO
Total Charges Unsentenced Sentenced Holds State Hold Federal Hold
1
00B
Place Of Birth City Place Of Birth State
SACRAMENTO CALIFORNIA
1 Occupation Employer
' CONSTRUCTION UNEMPLOYED
| Arrest Agency Arrest Date { Arrest Time
SECOND JUDICIAL DISTRICT COURT FAMILY 10/20/2012 (08:12
Vehicle Stored At
NA
.Charge 1
NOC/Charge Charge Literal |
52909 CONTEMPT OF COURT 5005NV iM
Court OCA#
SECOND JUDICIAL DISTRICT COURT FAMILY
Warrant No Warrant Agency
PCN Bait Amount Bail Type Court Case No
FV11-04096
» Remarks
(9,5 DYS WCJ-TO SERVE 10 C/S SATURDAYS FROM 0800 TO 2000HRS,AND FINAL
Pa FROM 0800 TO 1200 STARTING ON 10/20/12. WKND#3 - IN:11/17/12 @
MOSOOHRS, OUT 11/17/12 @ 2000HRS. NOTE TO COURTS-SEE FILE LJB1910.
| Bai Fees Tota! Fees for All Current Charges
$0.00 $0.00
‘inted At
1/17/2012 08:37:24
Page 1 of 1
Case 2:23-cv-03041-TLN-CSK
Document 1
Filed 12/29/23
Page 147 of 366
&shoe County Jail
“inmate Booking Information Form
Jail ID#
P-112182
Booking No
12-17292
Soc
7941
MNI
1054166
Booking Date
10/20/2012
Booking Time
09:
14
Name
ALVARADO , LANCE
Booking Name
ALVARADO , LANCE
Address
155 STACI wy
City
SUN VALLEY
State
ZIP Code
89433
Race
WHITE
Sex Height
M 6'01"
Weight
240#
Hair Color
BRO
Eye Color
BRO
Total Charges
1
Unsentenced
Sentenced
Holds
State Hold
Federal Hold
DOB
12/16/1972
Place Of Birth City
SACRAMENTO
Place Of Birth State
CALIFORNIA
Occupation
CONSTRUCTION
Employer
UNEMPLOYED
Arrest Agency
SECOND JUDICIAL DISTRICT COURT FAMILY
Arrest Date
10/20/2012
Vehicte Stored At:
NA
NOCiCharge Charge Literal
52909 CONTEMPT OF COURT 5O005NV iM
Court OCA#
SECOND JUDICIAL DISTRICT COURT FAMILY
Warrant No Warrant Agency
PCN Bail Amount Bail Type Court Case No
FV11~04096
Remarks
9.5 DYS WCJ-TO SERVE 10 C/S SATURDAYS FROM-.0800 TO 2000HRS,AND FINAL
@:« FROM 0800 TO 1200 STARTING ON 10/20/12. WKND#6 - IN:11/24/12 @
OSOOHRS, OUT 11/24/12 @ 2000HRS. NOTE TO COURTS-SEE FILE LJB1910.
)
"Printed At
11/24/2012 08:22:29
Page 1 of 1
Case 2:23-cv-03041-TLN-CSK
Document 1
Filed 12/29/23
Page 148 of 366
shoe County Jail
nmate Booking Information Form
Jail IDB Booking No Soc
P-112182 12-17292 7941
MNI
1054166
Booking Date
10/20/2012
Booking Time
09;
14
Name
ALVARADO, LANCE
Booking Name
ALVARADO, LANCE
Address
155 STACI WY
City
SUN VALLEY
State
| ZiP Code
89433
Race
WHITE
Sex
M
Height
Weight
240#
Hair Color
BRO
Eye Color
BRO
Total Charges
1
Unsentenced
Sentenced
Holds
State Hold
Federal Hold
DOB
12/16/1972
Place Of Birth City
SACRAMENTO
Piace Of Birth State
CALIFORNIA
Occupation
CONSTRUCTION
Employer
UNEMPLOYED
Arrest Agency
SECOND JUDICIAL DISTRICT COURT FAMILY
Arrest Date
10/20/2012
| Arrest Time
08:12
Vehicle Stored At
NA
Charge Literal
52909 CONTEMPT OF COURT 5005NV LM
Court OCA #
SECOND JUDICIAL DISTRICT COURT FAMILY
Warrant No | Warrant Agency
|
PCN Bail Amount Bail Type | Courl Gase No
FV11-04096
Remarks
9.5 DYS WCJ-TO SERVE 10 C/S SATURDAYS FROM 0800 TO 2000HRS,AND FINAL
AT FROM 0800 TO 1200 STARTING ON 10/20/12. WKND#6 - IN:12/1/12 @
_0757HRS, OUT 12/1/12 @ 1957HRS. NOTE TO COURTS-SEE FILE LJB1910.
12/01/2012 08:47:59
Page 1 of 1
~ Case 2:23-cv-03041-TLN-CSK
Document 1
Filed 12/29/23
Page 149 of 366
hoe County Jail
mate Booking Information Form
Booking No
12-17292
1054166
Booking Date
10/20/2012
Booking Time
09:14
Name
; Booking Name
ALVARADO , LANCE
_ Address
155 STACI WY
City
SUN VALLEY
State
ZIP Code
89433
_ WHITE
Sex Height
M 6'01"
Weight
240#
Hair Color
BRO
Eye Color
BRO
| Total Charges
1
Unsentenced
Sentenced
Holds
Siate Hold
Federal Hold
Place Of Birth City
Place Of Birth State
CALIFORNIA
_ Occupation
‘ CONSTRUCTION
Employer
UNEMPLOYED
SECOND JUDICIAL DISTRICT COURT FAMILY
Arrest Date
10/20/2012
Arrest Time
08:12
Yeracia Stored At:
NA
52909
Charge Literal
| CONTEMPT
OF COURT
5005NV iM
SECOND JUDICIAL DISTRICT COURT FAMILY
OCA #
Warrant No
Warrant Agency
PCN
Bail Amount
Bai Type
Court Case No
FV11-04096
a 10 C/S SAT FROM 0800-2000HRS, &
FINAL SAT FROM 0800-1200.
10/27 (WK#2) INCOMPLETE-1 HOUR CTS TO BE APPLIED TO FINAL(1i1TH) , ADDED
WEND. IN 12/08/12 @ 0800 HRS, OUT 12/08/12 @ 2000HRS. 3 WKNDS REMAIN
12/08/2012 09:23:58
i
| Page 1 of 1
Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 150 of 366
ashoe County Jail
nmate Release Information Form
Jail IDE Booking No Booking Date Booking Time
P-112182 12-17292 10/20/2012 09:14
Ris Reason Release Date Rels Time
DEFAULT RELEASE REASON AT BOOK IN
Charge Literal
UNDSEN | 52909 CONTEMPT OF COURT
Court
SECOND JUDICIAL DISTRICT COURT FAMILY, ONE SOUTH SIERRA ST, RENO, NV 89520
Bait Amount Rels Condition
Court Date Court Time Disp Type
WEEKENDER RELEASE
Disposition Date Disp Time
10/20/2012 20:34
Remarks
TO SERVE 10 C/S SAT FROM 0800-2000HRS,& FINAL SAT FROM 0800-1200.
10/27 (WK#2) INCOMPLETE~1 HOUR CTS TO BE APPLIED TO FINAL(11TH), ADDED
WKND**IN 12/15/12 @0800 HRS**OUT 12/15/12 @2000HR**2 WKNDS REMAIN**
If I am released on my Own Recognizance, or by bail posted, I hereby
promise to appear in the Court, and on the date and time, that are shown
on the charges indicated above with the court name, address, appearance
date, and appearance time printed with each. I am fully aware that my
Failure to Appear to any of the above mentioned dates will result in my
arrest, and an additional charge being placed against me. If I should
leave the Court's Jurisdiction, I hereby waive all rights and any formal
requirements that relate to extradition proceedings; and further, I will
e responsible for any and all expenses relating to my return to this
I further acknowledge that I understand that any Court of competent
jurisdiction may revoke this order of release without bail, without
notice, and may order me into custody or require me to furnish bail, or
otherwise, in order to ensure my appearance.
Release Prepared By
Defendant's Signature
Sergeant's Signature
12/15/2012 16:19:27 Page 1 of 1
shoe Cotiity Jair O804T TLN-CSK Document I Filed 12729723 Page T5T of 366
nmate Booking Information Form
Jail (DF Booking No Soc MNT Booking Date Booking Time
P-112182 12-17292 7941 1054166 10/20/2012 09:14
Name
Address City State ZIP Code
155 STACI WY SUN VALLEY NV 89433
Race Sex Height Weight Hair Color Eye Color
WHITE M 6'01" 240# BRO BRO
Total Charges Unsentenced Sentenced Holds State Hold Federal Hold
1
008
12/16/1872
Piace Of Birth City Piace Of Birth State
SACRAMENTO CALIFORNIA
Occupation Employer
CONSTRUCTION UNEMPLOYED
Arrest Agency Arrest Date Arrest Time
SECOND JUDICIAL DISTRICT COURT FAMILY 10/20/2012 08:12
Vehicle Stored At:
Charge Literal
52909 CONTEMPT OF COURT 5005NV M
SECOND JUDICIAL DISTRICT COURT FAMILY
Warrant No Warrant Agency
PCN Bait Amount Bail Type Court Case No
Remarks
TO SERVE 10 C/S SAT FROM 0800-2000HRS,& FINAL SAT FROM 0800-1200.
0/27 (WK#2) INCOMPLETE-1 HOUR CTS TO BE APPLIED TO FINAL(11TH), ADDED
Printed At
12/22/2012 08:43:58 Page 1 of 1
Case 2:23-cv-03041-TLN-CSK
Page 152 of 366
ashoe County Jail
Inmate Booking Information Form
it (DH Booking No
Jai
Name
Soc
7941
1054166
MNI Booking Date
10/20/2012
Booking Time
09:14
ALVARADO , LANCE
Booking Name
ALVARADO , LANCE
Address
155 STACI WY
City
SUN VALLEY
State ZIP Code
89433
Race
WHITE
M 6'01"
Hair Color
BRO
Weight
240#
Eye Color
BRO
Total Charges
1
Unsentenced Sentenced
Holds State Hold
Federal Hold
DOB
12/16/1972
| Place Of Bitth City
SACRAMENTO
Place Of Birth State
CALIFORNIA
Occupation
CONSTRUCTION
Employer
UNEMPLOYED
Arrest Agency
SECOND JUDICIAL DISTRICT COURT FAMILY
Arrest Date
10/20/2012
Arrest Time
08:12
Vehicle Stored Af.
NA
52909
Charge Literal
CONTEMPT OF COURT
Level
5005NV M
Court
SECOND JUDICIAL DISTRICT COURT FAMILY
!
Warrant No
Warrant Agency
PCN
Bail Amount Bail Type
Court Case No
FV11-04096
SERVE 10 C/S SAT FROM 0800-2000HRS,& FINAL SAT FROM 0800-1200.
10/27 (WK#2) INCOMPLETE-1 HOUR CTS TO BE APPLIED TO FINAL(11TH) , ADDED
WEND**IN 12/29/12 @0800 HRS**OUT 12/29/12 @1100HR** TIME SERVED
12/29/2012 08:50:38
|
Page 1 of 1
Case 2:23-cv-030 LN-CSK Document1 Filed 1 /23 ‘Page 153 of 366
Claim Notes - BYB 08-22-41
WORK ITEM ID: 156690944 RESOLVED
10-26-2021 056798713
ASKEDD #01931399 RCVD: 09/08/21 SUBJ: BACKDATE EFF DATE DUE’ TO Cov19
RE: NO ACTION TAKEN, BACKDATE IN A PROCESS
10-07-2021 02436727
WORK ITEM ID-WHERE IS MY PAYMENT-155175785 COMPLETED.
DE 1326C RETURNED BY P.O. DUE TO NO SUCH NUMBER’
ROUTED TO FILE CABINET IN INFOIMAGE
09-06-2021 602UCLMT
FO CH, FR 8530 TO 9010
09-03-2021 85737730 ;
TCEC RE ID NOT CONFIRMED. CUBS DOES NOT MATCH THE ADDRESS 8 Cunt GIVES.
HE IS IN NV. SAYS HE HAS NOT LIVED IN CA FOR 20 YRS. ID ME NOT ACCEPTI
NG HIS NV LICENSE. ADVISED TO SEE OUR WEBSITE FOR INSTRUCTIONS OR USE
DE1326C MAIL FORM.
09-02-2021 05695053
IRR DISO RD MI 5 D1--PROVIDED AN UNACCEPTABLE PHOTO ID
09-02-2021 05675053 (CONT)
IRR DISQ RD MI 5 E1--FAILURE TO PROVIDE A SECONDARY DOCUMENT
09/03/21 (08-22-21) D IRR #0 DISQ, IRR #0 DISQ, 13:07, 1DD:082221, L
ANG 0, SAM.
08-24-2021 37997122
ID ALERT PROCESS INITIATED - DE1326C & DE1326CD MLD TO CLMT, DE1326ER
MLD TO: N/A
08-22-2021 85353296
CLAIMANT IMMEDIATE SUPERVISOR'S NAME GEORGE PAINE
08-22-2021 85393296
ER PHH¥ (775) 674-2820 ; ’
WORK SITE ADDRESS WORK SITE ADDRESS IS THE SAME AS THE MAILING ADDRESS
08-22-2021 85303296
RESIDENCE ADDRESS SAME AS MAILING ADDRESS
C/S USUAL OCCUPATION IS CAREGIVER
08-22-2021 85373296
CLAIMANT STATES NO OTHER NAME OR SSNS USED
CLAIMANT OUTSIDE CA ID IS NV: 3200140928
08-22-2021 85333296
CLAIM FILED VIA DE 11011
CLAIMANT STATES SOCIAL SECURITY CARD HAS SAME NAME AS UI CLAIM
08-22-2021 85393296
DL FROM NV
08-22-2021 85333296
ID ALERT ACTION REQUEST DE 1101I TO 056
08-22-2021 85373296
1173 ISS EFTV DT 082221 ISSUES: VQ
I WENT TO VISIT MY MOTHER AND COULD NOT RETURN DUE TO COVED.
08-22-2021 85373296
ISSUES:
DE429PUA MAILED TO CLMT ON 08-25-2021, WBA: $167.00 MBA: /$14, 362.00,
REDUCED 0 UI WEEKS, REDUCED 0 FED-ED WEEKS, PUA WEEKS 4 86
Appeal Documents for LANCE-XXX-XX:-
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Case 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 154 of 366
IN PROPER PERSON
Lance Delon Alvarado
Mailing address
803 Evergreen #A
City of Wheatland
County of Yuba
California 95692
(775) 899-26389
delonlavlarado @ gmail.com
United States District Court For The Eastern District of California
Case #
Plaintiff's Ex-Parte Declaration
4 pages
This Declaration is meant for every single person, citizen, soldier, or worker worldwide who are
currently performing and or judging others. To remember All!
Who either gave their life voluntarily or were forced into service for their individual part now being
used for or against any individual who is under no obligation or contract seeking no approval or
wealth for their own personal gain In Stature
Who are Under duress and pressured by Peers for Approval and in saying that then are Played, Used,
or Given While In Performance for themselves performing and acting out of commitment to their
family and neighbors no matter the Government, Corporation, and or Religion while in that Service
and doing their individual Duty in their everyday life for the good of their Country, and Family
whether or not they believed in the cause they volunteered for or were forced in argument or fighting,
or the individual who gave all While Alive and sacrificed the only thing left being their own end
To know that they are Not and Never Will Be Forgotten!
Only the End Seeking That Very Knowledge that Benefits All Life while leaders seek
answers while in service within their own trials. Answers of Origin in this known Universe,
extending and encompassing All Universes numbering in Infinity seemingly now awaiting
and on the verge of Collapse
Thus The End of Time and Existence as GOD KNOWS it is Forever coming near and will be
over just as fast as another life is started!
The Plaintiff is very aware and very knowledgeable voicing a feeling of concern as why to merit a
coerced filing of complaint out of the very need of the promised financial freedom and cause
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Ase 2:23-cv-03041-TLN-CSK Documenti Filed 12/29/23 Page 155 of 366
by those whom obviously fumbled distribution and being tardy in its accounting nor apologetic to
those affected by their mishandling and appropriating out of greed and now being easily usurped
and taken away after the Plaintiff's legal leap frog over the Superior Court of California whom
eagerly joined in the illegal “insider corporate trading” of “trust funds” and now again being
taken by corrupt greedy lawyers! Who advertise their help to assist and hurry aid efforts of
Disaster relief funding to those wronged and still await! Is there no conscious left amongst State
Employed Servants while they continue robbing and Intercepting Federal Funds while raising
taxes on those they lie to while in service?
Wondering if the Plaintiff's sacrifices have closed any chance of his enjoyment of the fruits of
his labor only in seeking peace and harmony moving forward or will it give rise to his ability;
and clear the path? Opening new experiences including a comfortable retirement that was
usurped and lost long ago?
Through and by way of the Plaintiff's own actions when eyes remained shut and bodies
openly continue to deceive the American people and the cultures it welcomes with open arms
and then enslaved every day while in service!
By the Plaintiff's own hands and without worry and doubt now questions honesty of his
Government in its offer to compensate for its intrusion and honor his claim only to once
again be handcuffed and fearing further jail and the slavery within after crying out for help
that was ignored and used in the past to limit the Plaintiff's own ability to create wealth and
the pride generated from a justly earned income that provides for his family and again landing
in another now unfamiliar Courtroom
Where Plaintiff has lost all faith of giving any such credibility to any Court after the Plaintiff's
abrogation in former relations within the state judicial courtroom walls and their version of
justice being only to inflict cruelty to those whom are aware of Judicial abuses of discretion
and made known to All within those past Records of Cases when or if ever reviewed leaving no
question of their deceitful attempts to hide their true intent to grab power! When in reality the
Judicial Branch’s only purpose is to balance power given to the Executive and Legislative
branches of Government not over throw them
The Plaintiff's own pursuit of happiness again stopped after securing and protecting his own
interests while being goaded into yet another fight in a Courtroom where Plaintiff's own
financial freedom was promised and is yet again dangled in front of him like meat to a
starving dog while others around laugh and cheer!
Plaintiff Demanding the intent of this Court be given or its prejudice made known to the
Plaintiff while awaiting the responses of unknown Parties after being served notice of the
Plaintiff's Complaint?
Plaintiff's honesty, in a venue full of legal fictions, barricading any chance in his moving
forward in that Pursuit of happiness, proving that such relief is only a fairy tale written to
deceive and not promised in truth!
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fase 2:23-cv-03041-TLN-CSK Document1 Filed 12/29/23. Page 156 of 366
Promises again at risk of their deceitful nature being unveiled. What will the scholars keep
or cast aside to hide the truths written in this Declaration?
Plaintiff does not seek an open blank check
nor will any such
satisfaction be obtained with the mere insignificant amount promised within the Plaintiffs
PUA Unemployment Insurance Complaint in record now before the Court after so long a wait
with not even a penny given by the Unemployment Insurance or EDD to date!
Insurance Corporate Power that was used to rip apart the Plaintiff's family after Plaintiff gave
notice in an effort of protection and was indeed recorded. Plaintiff's intent to take legal
action if the abuses to his wife continued in Nevada many years ago. Where Insurance began
to shower his wife and the Judicial Branch with riches and private investigations were hired and
reigned upon the Plaintiff within State of Nevada and abroad!
Nevada State Government and employees throughout cities, townships, departments,
including affiliates only growing stronger in their absolutism over their citizens now
extending through out every state in the Union!
Why should the Plaintiff “accredit” this Court with this knowledge of Plaintiff's in issue
complaint over culpable negligence factually caused?
Plaintiff is fully aware of this Complaints full value to All and does hereby pledge his
unwavering support for his Country yet will voice his concerns without hesitation.
Plaintiff will not be played a fool any longer nor will The Plaintiff sit and stand aside
while awaiting the Courts decision and arrival of much needed disaster relief
How is Plaintiff going to continue without funds and pay for his intrusion into the place
the Plaintiff is located, while this Complaint can conform to the proper standards this
Court expects. Plaintiff is only studying and not in practice and is merely a guest!
Praying for the needed disaster relief be released while debates over liability and the
costs in issue or “guilt of crime or sin” go on and continue to be argued while so many
still suffer financially and while Plaintiff awaits a just offer be made for early resolution
having Judicial Economy in mind
For every individual reader including the Court while in review and reality that if
indeed “SIN” did smell like smoke!
Every individual, every building block, element, natural or produced, artificial or giving
birth to its culture and living and believing in themselves during their own free
individual life and currently living
WOULD INDEED STINK!
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Case 2:23-cv-03041-TLN-CSK Document 1
Lance
Filed 12/29/23. Page 157 of 366
Sincerely
Delon Alvarado
Deked 17- 24-28
Case 2:23-cv-030
LN-CSK Document1 _ Filed
Page 158 of 366
LANCE DELON
5719 MAYO CT
SUN VALLEY NV 89433
@ (775) 399-0045
BOARD APPEAL APPLICATION AND BRIEF
CUIAB
LANCE DELON ALVARADO
{N PROPER PERSON
VS.
Case No. 7471886
BOARD APPEAL
CAIFORNIA UNEMOY MENT INSURANCE
BOARD (EDD)
0
This appeal is filed March |4" 2023, prior to the 30 day deadline to file. Mar 16th 2023.
Appellant above named LANCE DELON ALVARADO Objects to the indefinite failure of
issue and in performance appeals the decision dated Feb 14th 2023 in case # 7471886 affirming the notice of
deiermination dated Nov 16th 2022.
The determination found the Appellant ineligible for Federal PUA benefits under
California unemployment insurance code (CUIC) section 602.
The Appellant petitions the Board to award a_Bilt of Exception Pro Interresse Suo Ab Initio
with regard to all records relied upon cither public and private, while affecting all incumbrancer for the
benefit of both parties in anticipation of all future actions arising in rem including the record held CUIAB
Appeal # AQ-460751 as relied upon CUIC section 410, (37 Ops. Cal, Attny. Gen. 133)
Appellant objecting to the findings of facts within the decision rendered by the ALJ and
mailed Feb 14, 2023. Appellant was unaware that the ALJ conducting the hearing held February 3rd 2023
was unable to reference Appellant’s entire PUA CLAIM ab initio including the Appellant's prior filings and
Board Appeal. Decisions
PLEADING TITLE - J
us
x
Case 2:23-cv-030499.N-CSK Document1_ Filed @” Page 159 of 366
Terms underlined have the writer's meaning given them for reference in the Revised Fourth Edition Black's Law Dictionary
The ALJ's February 14" 2023 deciston which Infer Informal Information that creates
SPEAKINFG DEMURRERS as evidenced on numerous occasions within the ALJ Finding of fact coutd be
misinterpreted. Appellant needs the ALJ to clarify within the decision's Reason For Decision section page 5
paragraph 4 line one “ranges”? Appellant asking the ALJ if an honest clerical mistake having occurred and
to edit the word to “wages” or is the Appellant to prepare an actual legal argument in defense of the
definition reflecting a right to a row or tier of townships in a division of a state?
Appellant requests that the Board run the ABC and Borello tests to determine Appellants
status employee or an Independent Contractor for the purpose of wages to be determined. (reliance on AO-
460751 CA 410, (37 Ops. Cal. Attny, Gen. 133)
The Appellant is open to new ideas and remedies as to the ALJ’s offer and referral
however, according to 20 CFR section 625.12 defining applicable state as well as consequences of 20CFR
625.14(i) overpayments and fraud. Appellant wishes legal review before any such action would be
considered or pursued by the Appellant and 410, (37 Ops. Cal. Attny. Gen. 133)
The ALJ referral is interpreted as an induced obreption for the Appellant fo commit fraud
where the Appellant DENOUNCES within his NEW WORK. Where INFERENTIAL FACTS decreed by the
ALJ may be mistaken and interpreted as an acquisition of escheats under 20 CFR 625.14(i) for causing a
fictitious DUA claim for retroactive benefits in Nevada. A state where Appellants unemployment was not the
direct result of a disaster?
Unemployment Insurance places undue hardship upon claimants by finding claims
ineligible of federal allotted funding for disaster relief using California unemployment insurance codes meant
to estop and not open the doors of impediment resulting in second deliverance action after the
misappropriation of PUA funding began in 2020 and still boiling over into 2023 while displaced claiments
under duress continue to suffer.
PLEADING TITLE - 2
Case 2:23-c0-0204 Gf N-CSK Document1_ Filed Q Page 160 of 366
Terms undertined have the writer's meaning given them for reference in the Revised Fourth Edition Black's Law Dictionary
Appellant moves to remand back to the ALJ for editing or
reverse the decision from the hearing held February 3°
2023, and dated March 14 2023. Finding the Appellant eligible for
PUA benefits payable.
of pleading here.
Dated this 14th day of March, 2023.
Attorney Name
PLEADING TITLE - 3
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Case 2:23-cv-0304(@4LN-CSK Document1_ Filed OQ Page 162 of 34
LANCE DELON ALVARADO
In proper person |
5719 Mavoct
Sun valley NV 89433
{775) 399-0045
CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD
BOARD APPEAL
LANCE DELON ALVARADO Case No.: 7471886
CALIFORNIA UNEMPLOYMENT INSURANCE PETITION FOR EXTENDED TIME TO FILE BOARD
(EDD) APPEAL WITH RESPONSE
In the Matter above titled:
“PETITION FOR EXTENDED TIME TO FILE BOARD APPEAL WITH RESPONSE” tha
Above named appellant, Lance Delon Alvarado. hereby petitions the CHIEF ADMINISTRATIVE LAW
JUDGE and all those in concem and with knowiedge in the above maticr for an extension of time to file Board
Appeal.
An extension NOT TO EXCEED PAST THE 147™ DAY OF APRIL 2023.
That the Appellant acting in proper person prays that this petition is granted duc to illness and IN
FIERI
Appellant believes that to deny this petition would duc great harm and he a miscarriage of justice
That the Chief Administrative Law Judge at their own discretion may grant or deny this petitio:
and is well within the power and duties granted them by the Califomia Legislation to oversee and review prior
decisions of unemployment insurance cases for cenification or for further hearing under article 3 of the
unemployment insurance code (UIC) 406.
An extension whereby the Appellant is acting in response (o a decision of an ALJ having
jurisdiction and rendering a decision in case # 7471886. FEBRUARY 14™ 2023
The Appellant having read the ALJ decision disputes and/or disagrees with the findings of fact
within said decision and wishes to submit new evidence and respond. Yet is worried that the time fo file said
response nay expire prior to it’s completion.
PETITION FOR EXTENDED TIME TO FILE BOARD APPEAL WITH RESPONSE - 1
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Case 2:23-cv-0304MLN-CSK Document 1 Filed iO Page 163 of 3¢
That this petition is filed prior to the 14" day of March 2023 and Sent via e-mail to the CUIAB via
email for this petitions determmation.
DATED THIS THE 974 DAY of MARCH 2023 and prepared by LANCE DELON ALVARADO
the APPELLANT im the above stated matter.
Attamey Name
PETITION FOR EXTENDED TIME TO FILE BOARD APPEAL WITH RESPONSE - 2
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Case 2:23-cv-0304@@l N-CSK Document1_ Filed 1@ Page 164 of 366
LANCE DELON ALVARANO
In proper person (SSI#
5719 Mayo et
Sun valley NV 89433
(775) 399-0045
CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD
BOARD APPEAL
LANCE DELON ALVARADO Case No.: 7471886
CALIFORNIA UNEMPLOYMENT INSURANCE PETITION FOR EXTENDED TIME TO FILE BOARD
{EDD) APPEAL WITH RESPONSE
In the Matter above titled:
“PETITION FOR EXTENDED TIME TO FILE BOARD APPEAL WITH RESPONSE™ the
Above named appellant, Lance Delon Alvarado, hereby petitions the CHIEF ADMINISTRATIVE LAW
JUDGE and all those in concern and with knowledge in the above matter for an extension of time to file Board
An extension NOT TO EXCEED PAST THE 14™ DAY OF APRIL 2023.
That the Appellant acting in proper person prays that this petition is granted due to illness and IN
FIERI
Appellant believes that to deny this petition would due great harm and be a miscarriage of justice.
That the Chief Administrative Law Judge at their own discretion may grant or deny this petition
and is well within the power and duties granted them by the California Legislation to oversee and review prior
decisions of unemployment insurance cases for certification or for further hearing under article 3 of the
unemployment insurance code (UIC) 406.
An extension whereby the Appellant is acting in response to a decision of an ALJ having
jurisdiction and rendecing a decision in case # 7471886. FEBRUARY 147 2023
The Appellant having read the ALJ decision disputes and/or disagrees with the findings of fact
within said decision and wishes to submit new evidence and respond. Yet is worried that the time to file said
response may expire prior to it's completion.
PETITION FOR EXTENDED TIME TO FILE BOARD APPEAL WITH RESPONSE - I
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Case 2:23-cv-00414N-CSK Document1_ Filed Ge Page 165 of 366
That this petition is filed prior to the 14"" day of March. 2023 and Sent via e-mail to the CUIAB “9
email for this petitions determination.
DATED THIS THE 974 DAY of MARCH 2023 and prepared by LANCE DELON ALVARADO
the APPELLANT in the above stated matter.
Attorney Name
PETITION FOR EXTENDED TIME TO FILE BOARD APPEAL WITH RESPONSE - 2
LOS ANGELES OFFICE OF APPEALS (213) 897-5267
300 S. Spring Street, Rm 1502 Ground Floor
LOS ANGELES CA 90013-1204
il
LANCE D ALVARADO Case No. 7471886 (PUA)
Claimant-Appellant issue(s): 602
Date Appeal Filed: 12/05/2022
{EDD: 0250
Date and Place of Hearing(s): Parties Appearing:
(1) 02/02/2023 Claimant
DECISION
The decision in the above-captioned case appears on the following page(s).
The decision is final unless appealed within 30 calendar days from the date of mailing shown
below. See the attached “Notice to Parties" for further information on how to file an appeal. If
you are entitled to benefits and have a question regarding the payment of benefits, call EDD
at 1-800-300-5616.
S. Cruz-Moreno, Administrative Law Judge
FILE COPY
Date Mailed:
Fee 14 i023
Case 2:28-cv-0304 MK N-CSK Document1_ Filed 7 Te Page 167 of 366
_-.-Case No.: 7471886 - -Los Angeles Office of Appeals
CLT/PET: Lance D Alvarado ALJ: S. Cruz-Moreno
Parties Appearing: Claimant
Parties Appearing by Written Statement: None
ISSUE STATEMENT
The claimant appealed from a determination that held the claimant not eligible for
benefits under Unemployment !nsurance Code section 602. The issue in this
case is whether the claimant performed services in California covered
employment and whether the claimant's employment was localized in California.
FINDINGS OF FACT
The claimant filed a PUA claim with the EDD in California effective 8-22-21. The
claim information states that the EDD found base period wages in Nevada.
Before the claimant filed his claim he lived in California in March 2020 and left in
‘May 2020. He was living with his mother in California. He left to go back to
Nevada where he had been living and working since 1997.
He had been a live in caretaker for a veteran named George Paine in Nevada for
2 years from 2018 through 2020. He last worked 3-15-20. He went to go see his
mother in Wheatland, California near Marysville and Yuba City to take time off.
work. He got paid room and board at George Paine’s home and George Paine
paid his tuition for the Stratford Online University. George Paine gave him
funding once or twice a month to help Mr. Paine gamble at the Casino. He
applied to get paid wages but the annua! budget was not finalized in 2018 and
2019 which was pending and does not know if they were approved.
The EDD found wages in the base period of his claim from his Nevada
employment. He did not file a claim in Nevada because he helped his friend
move in Oklahoma in June 2020 and flew back to Nevada in July 2020. The last
time he filed a claim in Nevada was in 2008.
He filed a PUA claim in California because his interpretation was that he could
file in the state he was affected by covid, and he was affected with the travel ban
in California when he was at his mothers’ home from March 2020 until! May 2020.
While he was in California he applied to be a Google guide on the internet, to
show where he traveled and to rate businesses where he traveled in 2021 in
Northern California. He is not a Google employee; he is an independent
contractor.
7471886-000000 2
Case 2:23-cv-03041M9N-CSK Document1 Filed fe: Page 168 of 366
.. -He asked his Cecilia Bredesen is his mother’s caretaker todo repairs at her - ..
home for payment but as an independent contractor work but he has not done
any work and has not been paid because she has financial problems.
In 2021 he worked in Nevada for Sani-Hut for one week in September. He could
not work more because he had a gallbladder surgery. He received a 1099 from
that work for about $200.
He has not filed a PUA claim in Nevada because he was hoping the California
EDD approve his claim because he read that the EDD has to pay PUA claims.
The claimant's mother was a witness at the hearing and confirmed that the
claimant was living with her in 2020. She confirmed he had documents that
researched to do a business and tried to find out the start up costs and food
products prices. He has a tablet of about 20 pages with this information. He
applied with Smart Foods but did not finish the application for credit for the
proposal he was going to pitch. He left her residence because he had been
there for more than 3 months from the end of April through the beginning of May
2022 and the landlord notified her that she was only allowed guests for 2 weeks.
He stayed with her because he lost his employment in Nevada and there was a
travel ban during the onset of the covid pandemic.
The claimant’s mother’s care giver Cecilia testified that she has been her
caregiver for about 3 or 4 years through present, paid through the !HSS platform.
She confirmed that when the claimant was in California in May 2020 off and on at
his mother’s she saw him working on the computer on his appeal. She confirmed
that he told her he had worked in the past as a restoration specialist and he
asked if he could work for her. He came to her home to see the work to be
performed but she could not hire him due to.financial problems. She still needs
the work done. She is still waiting for him to perform the work.
The claimant contends that section 602 applies to his case on the basis that the
California governor had control over his location in California when the governor
ordered a travel ban in 2020 during the covid pandemic which kept the claimant
in California when he was affected by the covid pandemic.
REASONS FOR DECISION
California Unemployment Insurance Code Section 602 provides:
"Employment" includes an individual's entire service performed within, or both
within and without, this State if:
(a) The service is localized in this State; or
7471886-000000 3:
Case 2:23-0v-03041@v-Csk Document1 Filed 2s Page 169 of 366
. (b).The service is not localized.in any state but some of the service is -
performed in this State and (1) the base of operations, or, if there is no base of
operations, then the place from which such service is directed or controlled, is in
this State; or (2) the base of operations or place from which such service is
directed or controlled is not in any state in which some part of the service is
performed, but the individual's residence is in this State.
Except as otherwise provided by law, the burden of proof requires proof by a
preponderance of the evidence. (Evidence Code, section 115.) Preponderance
of the evidence simply requires proof that a matter in question is more likely to be
true than not true. (Precedent Decision P-T-493.)
Unemployment insurance benefits are based on wages paid in the base period of
aclaim. The standard base period of a claim with a benefit year beginning in
July, August, or September is the four consecutive quarters which ended the
preceding March. (Unemployment Insurance Code, section 1275(a).)
Board, lodging, or any other payment in kind, received by an employee in
addition or in lieu of cash wages, is wages on the basis of a reasonably
estimated cash value to the employee which shall not be fess than the bona fide
value stipulated in a union agreement or employment contract, or, the value
established as the basis of the employer’s compliance with minimum wage law.
(California Code of Regulations, title 22, section 926-3(a)(1).)
To be eligible for Pandemic Unemployment Assistance, an individual must not be
eligible for regular unemployment compensation or extended benefits under
State or Federal law or for Pandemic Emergency Unemployment Compensation
(PEUC) under section 2107 of the CARES Act, including an individual who has
exhausted all rights to regular unemployment compensation or extended benefits
under State or Federal law and for PEUC under section 2107 of the CARES Act.
(Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136,
section 2102(a)(3)(A)(i) (March 27, 2020) 15 United States Code section
In the present matter, there is no dispute that the claimant was temporarily
residing in California in 2020 from about March or April 2020 through about May
2020. Also, the evidence shows that the claimant was researching how to start a
business when he was in California but did not finish the application. The
evidence shows that he became an internet travel host on the Google platform |
while he was in California however he has not been paid and is not an employee.
The claimant offers the legal argument that since he was living in California when
he was affected by the pandemic, he meets the “service” elements in section
602. These facts and arguments were considered.
7471886-000000 4
Case 2:28-ev-03041 JMIN-CSK Document1_ Filed i Page 170 of 366
However, since the.claimant did not work.as.a W2 employee in California during... .-
the four consecutive quarters which ended the preceding March, he does not
have California wages in the base period of his claim. (Unemployment Insurance
Code, section 1275(a).) .
Therefore, the claimant does not meet the “service” element in the state of
California under section 602, therefore, section 602 does not apply. Google does
have locations in most states including California, which meet the “base of
operation” element of section 602, however, since he did not perform
employment “services” for Google, he does not meet the “service” element in
section 602 and section 602 does not apply.
However, although the evidence shows that he was residing and searching for
work in California when the pandemic began in 2020, and although this would
usually be sufficient to establish a California footprint and attachment to its labor
market, since the evidence shows that he performed services and had registered
wages in the state of Nevada from his employment with George Paine during the
four consecutive quarters which ended the preceding March, he meets eligibility
to file a claim in Nevada and therefore does not meet the eligibility criteria for a
PUA claim in California. (Coronavirus Aid, Relief, and Economic Security Act,
Public Law 116-136, section 2102(a)(3)(A)(i) (March 27, 2020) 15 United States
Code section 9021{a)(3}(A)(i).)
Finally, the EDD did find registered ranges in the Nevada system; the claimant
was compensated by room and board, and board, lodging, or any other payment
in kind, received by an employee in addition or in lieu of cash wages, is wages on
the basis of a reasonably estimated cash value to the employee which shall not
be less than the bona fide value stipulated in a union agreement or employment
contract, or, the value established as the basis of the employer's compliance with
minimum wage law. (California Code of Regulations, title 22, section 926-
3(a)(1).)
Therefore, unfortunately the PUA claim is not covered by the EDD in California
under section 602.
DECISION
The notice of determination is affirmed. The claimant is not eligible for PUA
benefits under California Unemployment Insurance code section 602. PUA
benefits are denied.
The claimant is referred to file a claim in Nevada. He can present his filing
documents for a PUA claim in California to see if he can use it to establish a
retroactive claim filing date in Nevada. LOA:scm2/6
7471886-000000 5
Case No. TAREBEB23-cv-0304.N-CSK Document 1. Filed 1 3 Page 171 of 366
LOS WAGELES OFFICE OF APPEALS
300 S. Spring Street, Rm 1502 Ground Floor
LOS ANGELES.CA 90013-1204 - .
Telephone: (213) 897-5267
Fax: (213) 897-6972
DECISIONS SENT TO
LANCE D ALVARADO
5719 MAYO CT
SUN VALLEY, NV 89433-7036
025 - RANCHO CORDOVA PAC
PO BOX 419132 -
RANCHO CORDOVA, CA 95741-9132
Case 2:23-cv-0304i9N-CSK Document1_ Filed Ws Page 172 of 366
From: Lance Alvarado <delonlalvarado@gmail.com>
Sent: Tuesday, January 24, 2023 8:40 AM
To: CUIAB Los Angeles Info
Subject: Case# 7471886
Attn: S Cruez - Moreno
Attached is page 88 of the record in case #'s
7172770, 7172771. A medical bill from the Marysville/ Yuba City ER following Appellants visit March 31st 2020 for an ear
infection
That show Appellant's physical location within California just after the stay at home order and travel ban or quarantine.
Originally Submitted with PUA application Aug 2021 as proof 1st photo is provided by EDD for that record. 2nd photo is
same document above yet readable.
ase 2:23-cv-03041 -CSK_. Document1_ ‘Filed 12/ 3 Page 175 of 366
CALIFORNIA UN LOYMENT S. Cruz-Moreno
INSURANCE APPSALS BOARD Administrative Law Judge _
NOTICE OF HEARING
Case No. 7471886 (PUA} HEARING TIME and PLACE
, DATE: Thursday, February 2, 2023
LANCE D ALVARADO TIME: 11:30 AM (California Time)
Claimant-Appellant
INSTRUCTIONS
Claimant: Appear by Phone - Call Toll Free
1-(866) 549-7022
EDD: Appear by Phone - Call Toll Free
1-(866) 549-7022
EDD: 0250
PLACE: TELEPHONE HEARING
CA
CALL THE NUMBER ABOVE 15 MINUTES
BEFORE THE TIME SPECIFIED.
* — Any additional documents must be received by the Office of Appeals at the address shown on
the attached page by 01/24/2023. If you miss this deadline, the judge may exclude your
documents.
* if an interpreter or reasonable accommodation for a disability is needed, cali the phone number
below immediately. Si necesita un intérprete [lame ei numero de telefono abajo
inmediatamente.
* — {f you are appearing in person, bring all witnesses necessary to support your case. Arrive 15
minutes early to review the appeal file.
* If you are appearing by phone and have witnesses, contact the Office of Appeals for instructions.
* — The hearing room is in a secured facility. You may be screened.
* JMPORTANT: Read the enclosed ‘Hearing Information’ pamphlet.
THE FOLLOWING ISSUES WILL BE CONSIDERED AT THE HEARING (Section references are to the
Unemployment Insurance Code unless otherwise noted):
602 Did the worker perform services in California covered employment.
Direct questions to:
Telephone: (213) 897-5267
Fax: (213) 897-6972
LOS ANGELES OFFICE OF APPEALS
Us Date Mailed: 01/17/2023
* - Case 2:23-v-03041--csk bc Document 1 Filed i A Page 178 of 366
DEC 1° 2022
E BD Development (0 SPANISH "1-800-326-8937
Department Voay CANTONESE 1-800-547-3506
| 2b ‘APPEAL FORM “Ded Chee Ma
if you disagree with the Notice of Determination(s) and/or Determination(s/Rulings by the EDD, you may appeal
the decision(s) to the California Unemployment Insurance Appeals Board (CUIAB) by completing this form and
explaining why you disagree. You must sign the form and return it to the EDD at the office address listed on the
notice that you are appealing. YOU HAVE 30 DAYS FROM THE MAIL DATE OF THE NOTICE TO FILE A TIMELY
APPEAL. if you appeal after the 30 day period, you must include the reason for the delay. The administrative law
judge (AL}) will determine whether you had good cause for the delay. If the ALJ determines you did not have good
Cause to submit your appeal late, your appeal will be dismissed.
CLAIMANTS: While your appeal is pending, you must continue to certify for benefits. If you are found eligible, you
can be paid only for periods for which you have certified and have met all other eligibility requirements.
NOTE: Claimants for Disaster Unemployment Assistance (DUA) have 60 days te file an appeal. Employers appealing
the Notice of Determination or Assessment (DE 3807), have 30 days to file an appeal.
INSTRUCTIONS: The following information must be pravided by the Appellant {the claimant or employer who i is SES O5GG
appealing a notice), or by the authorized agent or representative of the Appellant. The signature of the Appellant:ar’t 39241 rate
| agent is required. Please use BLACK INK when filling out this form.
Claimant Name: Lance Delon Alvarado Social Security Number:
Do you need a translator? ~=f¥Yes [No if yes, what language/dialect? English to English please
Street No., Apt. No., of PO Box
Sun Valley NV 89433 Fax No.:
City State 2P Code
| authorize the CUIAB to send confidential information regarding my appeal to the e-mail address listed above.
| authorize the CUIAB to send confidential information regarding my appeal by text message or voice mail to
the cell phone number listed above.
Complete this section for employer appeals only
Employer Account Number: Agent Name (if applicable):
Agent Address:
‘Sureet NO.. Apt. No., or PO Box Cay State ZIP Code
INSTRUCTIONS: Explain the reason for your appeal and why you disagree with the decision(s). i required, attach
additional pages to this form and write your name and Social Security number on each page.
1 disagree with the determination in the notice dated 11/16/22 because
I would of requested an english to EDD translator however the EDD doea not
speak reason and they live in a dream world.
see attached documents for reasons the Appellant disagrees with the notice
dated 11/16/22 that over rules and sets aside an Appeals Board decision Case#
AO-460751 and basically tells the Board where the true power resides!
Signa
A annals Date: December Sth 2022
OE 1000M Rev. & (5-19) (NFERNET) - Versidn en espafiol en el dorso - cu
Page 1 of 2
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» Case 2:23-0v-08041@\N-CSK Document1 Filed Se Page 181 of 366
2
Lance Delon Alvarado
In proper person
5719 Mayo Ct
Sun Valley
NV 89433
(775)399-0045 | Fax
delonlalvarado@gmai).com
LANCE DELON ALVARADO Case No.:
Appellant,
Vs. APPEAL REGARDING LETTER OF
DETERMINATION DATED 11/16/2022
CALIFORNIA UNEMPLOYMENT INSURANCE {
DD)
Respondent
Appellant above named Lance Delon Alvarado hereby objects to having to file this appeal
regarding a Notice Of Determination For Pandemic Unemployment Assistance dated 11/16/22 where all but
one issue is res judicata regarding eligibility. Appellant has not filed for PUA relief in any other state or under any
other form other than the PUA program the Board found Appellant eligible in case # AO-460751.
Page 5 of the Appeals Board decision caseHAO-460751. titled FORTHER APPEAL
INFORMATION. Clearly states ‘The Appeals Board decision is final and can be changed only by.action of a
judicial court (California Unemployment Insurance Code section 410) 1 The Appeals Board cannot reconsider or
set aside the enclosed decision (37.Cal.Attny.Gen.133). Appellant applied and was found eligible for PUA benefits
the EDD is still refusing to acknowledge the Boards decision and has not properly adjusted the Appellants claim
regarding wages accordingly. ‘The Board’s decision AO460751 page 3 paragraph 1.
EDD’s poor judgment and obvious abuse of discretion by finding the Appellant ineligible for
pandemic assistance under the same issues the Board found the Appellantetigible.
Appellant has not received any pandemic assistance ab initio to date following an Appeals Board
decision case #A0460751 finding Appellant eligible and Benefits Payable.
Is the EDD making Appellant an offer within the Notice Of Determination For Pandemic
i
Unemployment Assistance dated 11/16/22? i
j
APPEAL REGARDING LETTER OF DETERMINATION DATED 11/16/2022 - 1
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whereabouts within California.
Case 2:28-cv-08041-@\-csk Document1_ Fildd 12> Page 182 of 366
Appellant’s filing of this response would show performance even under California
unemployment insurance code 602
Appellant asking the Board to not only expedite this appeal but this appeal also raises an issue of
a possible discrimination matter regarding California Unemployment Insurance Code Sec. 602 within a federal
disaster relief contract (PUA)
Mr. Alvarado ‘has interpreted this determination letter dated 11/16/22 mailed to the Appellant
t
as discriminating in nature regarding Ca UI Code 602 and it’s issue on residency within a federally funded
disaster assistance program.
Appellant’s. legal argument as follows:. !
j
34-CFR section 77,1 defines State: State means any of;the 50 States, the Commonweaith of
Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the Northern Mariana
Islands, or the Trust Territory of the Pacific Islands, |
Appellant was found eligible for benefits by the Appeals Board in case # AO-460751 on every
issue the Notice Of Pandemic Unemployment Assistance dated 11/1622 found the Appellant ineligible for.
All but one issue.is res judicata CUIAB decision# AO-460751 except Citifornia Unemployment Insurance
Code 602 (or CUIC 602). A cade that is discriminating as to it’s restrittion to claimant’s and every other
American citizen not residing within California including immigrants:and foreign nationals who would not
qualify for any federal funding or assistance in any way including instrance claims regarding accidents and
at fault claims. CUIC 602 has no authority to render Appellant ineligibte for federally funded disaster
assistance. Appellant holds California liable for Appellants damages afer being directed to stay within the State
of California per Executive order N-33-20 put into effect by Ca Governor Gavin Newsom 03/19/20.
Page 88 of the record in this claim stemming from Case # 40460751 clearly shows Appellants
Appeltant’s claim is for Federa? PUA relief not regular unemployment insurance nor
extended benefits.simply because no benefits have ever been sent! So how can the Appellant be ineligible when
found eligible by the Board with no assistance ever received? Has the EDD gone mad??? This Appeal is a waste of
time and money!
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APPEAL REGARDING LETTER OF DETERMINATION DATED 11/16/2022 -2
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Case 2:23-0v-03041 @y-csk Document 1 Fildd 121: Page 183 of 266
The Appeals Board found Appellant eligible for benefits CUIAB #A0-460751 where this Notice
of Pandemic Unemployment Assistance dated 11/16/22 interpretation is as follows:
That the Executive process is a complete waste of time meant to delay claimants in order for
EDD’s unjust enrichment! That the EDD has power above the CUIAB by reversing the Board’s decision
regarding eligibility utilizing issues of eligibility has already been determined by the Board. By adding a
single insignificant issue under the CUIC regarding a residency issue within a federally funded program for
PUA against an American citizen born in Sacramento the Appellant of. Latino decent is discriminating to say
the least!
Appellant hereby changes the Board decision case AO-470751 as Appellant does not adopt the
Findings of Fact where it adopts the administrative law judges findings of fact And Appellant adds the following
Appellant certified for Benefits with an effective date March 19® 2020, Appellant now has the power over the Board
and over the EDD since Appellant says so!!! i
Are the above statements erroneous? If EDD can change the Appeals Board decision why not
Appellant? to deny any claimant to ignore the Board would be discrimination if the EDD can?
“NO” assistance has ever been issued! After the Board decision AO-460751 all the issues
regarding eligibility amount of wages and residency should have been decided
e Angstman* v. Dep't of Labor See, e.g., in re Burlington Bagel Bakery, Inc., 150 Vt.
20,21 (1988) ("To be final and appealable an order must end litigation on the merits
or conclusively determine the rights of the parties, leaving nothing forthe court to
do but execute the judgment.
e ~ CUIC 602.-Employment? includes an individual's entire service, performed within,
or both within and without, this State if: |
e (a)?The ‘service is localized in this State; 0r
e (b)?The service is not localized in any state but some of the service is performed
in this State and (1) the base of operations or, if there is no base of operations,
then the place from which such service is directed or controlled, is‘in this State
Appellant’s legal argument regarding California Unemployment Insurance Code Sec 602
APPEAL REGARDING LETTER OF DETERMINATION DATED 11/16/2022 - 3
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Mr Alvarado was found ineligible for a Federal PUA claim in a Notice Of Pandemic
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Unemployment Assistance dated 11/16/22 finding appellant ineligible for PUA assistance where the record in an
Appeals Board decision case# AO-460751 all these issues have already betn decided.
Yet NO payments of any kind to date have been sent to: Appellant.
An issue the Board surely considered prior to it’s decision in case AO-460751.
Appellant’s testimony of being physically tocated in Cajifornia during a state of emergency and
executive order quarantine or travel ban that inadvertently stranded Appellant within the State lines of
I
Califomia BY ACCIDENT is found on page 88 of the record on this claim.
Page 88 is a California hospital bill where the service'date is March 31 2020 and is proof
beyond a reasonable doubt of Appellants physical location within the state of California..A location that gives
California control over this issue. This means one single place which was the source
{
from which there emanated a basic and general direction
and control which was exercised over all of the |
individual's service. Claim of Mallia (1949), supra, 299 N.Y. 232 at pages 240 and 241, 86 N.E.
2d 577
t
(Governor of California Gavin Newsom executive order N-33-20 exorcised control over
j
Appellants ability to return to Nevada and is the direct cause of Appellants unemployment and Appellant being
homeless! Appellant now charging a fee for each time Appellant has to remind EDD or any other entity
besides the Board who clearly gets it, regarding this issue!
257 Vgl. § 2 Uniform Motor Vebicle Accident Reparations Act (1972): (a) If the accident
causing injury occurs in this State, every person suffering loss from injury arising out of maintenance or use
of a motor vehicle has a right to basic reparation benefits.”
California did have absolute direct control after issuing a state of emergency and ordering a
quarantine and stay at home order affecting roadways and interstatejtravel across the state.
1
APPEAL REGARDING LETTER OF DETERMINATION DATED 11/16/2022 - 4
a
>
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‘Case 2:23-cv-03041.@M\-CSk Document1__ Filéd 2 Page 185 of 366
Appellant resided at 803 Evergreen apt.A Wheatland CA! 95692 his mother’s address ‘where he
arrived just prior to the March 19 2020’s N-33-20 executive order.
The Board clearly recognized this and rightfully reversed the ALJ decision finding Appellant
eligible for PUA benefits. The Board making no changes to the record nor disturbing the findings other than
wages to be determined.
(Which the Appellant changes as well how. does $1000000.00 sound? Erroneous doesn’t it!
Sarcasm as to EDD and notice dated 11/16/2022 and every one able to decide whatever they wish)
Wages that have never been addressed by the EDD. Nor Appellants inability to continue his
education.
Appellant whose ethnicity is Latino is appalled that EDD within the notice dated 11/16/22 and
w/o authority to reverse a Board decision using California Unem ployment Insurance Code Sec 602. Which
implies In relevant part that Mr Alvarado is not a “resident” is interpreted by the Appellant as discriminatory
in nature alongside the threats EDD keeps sending Appellant within evely letter or notice regarding federal
assistance and in EDD finding Appellant ineligible The EDD attempted to intimidate Appellant using issues like
CFR 625.14 and it’s reference to overpayments and fraud questioning ‘Appellants Character! Being over a year
and 4 months and almost 3 years-since the disaster.
Appéllant seeks an investigation into the EDD and it's decisions regarding other claims
where travel] was restricted due to the pandemic (ie passengers in airport and train departures or travel by
sea were stranded) to determine if other claimants have been payed and if Appellants claim has been treated
any differently.
The Board decision is res judicata in Case AO-460751. and can. be changed only by action of a
judicial court. California Unemployment Insurance Code section 410. ;
i a
The appeals board cannot reconsider or set aside the enclosed decision (37
{
Ops.Cal.Atty.Gen.133.} (See decision Appeals Board case AO-460751- FURTHER APPEAL
INFORMATION)
The EDD has acted negligently and irresponsibly using poor j udgm ent in this matter even as far as abusing
it’s discretion by actually reversing a Board decision while sighting the same issues the Board found the
APPEAL REGARDING LETTER OF DETERMINATION DATED 11/16/2022 - 5
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1} APPEAL REGARDING LETTER OF DETERMINATION DATED 11/
(Case 2:23-cv-08041 Gy. csk Document 1 Filed 2h: Page 186 of 36
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Appellant eligible under after the fact without rendering any assistance in the first place?? If the EDD wishes to
appeal the Boards decision they may do so by seeking a review in Supefior Court by filing a petition for WRIT
OF MANDATE against the CUIAB pursuant to section 1094.5 of the Code of Civil Procedure.
But cannot deny PUA eligibility of benefits by breaking the CUIC rules wd reversing a Board decision in any
matter other than judicial review where this Notice dated 11/16/22. clearly tries to do? Appellant seeks damages-
The Federal Government may find that Califomia has breeched it’s contract by failing to disperse federal
funds to those affected by way of pocketing those funds for unjust enrichment and funding un-needed and
definantly poorly trained additional staff with little or no care for judicia) economy by finding eligible claims
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ineligible, Forcing excessive claimants to file appeals and overworking the Board. Where the Board’s need to hire
new judges to handle.it's new burden of appeals that flood the CUIAB. Where the Board should have power to
assess EDD and it’s abuse of process tactics render some sort of punishment upon EDD where that
punishment would then bestow a benefit to the affected claimants and not to any department and let EDD
seek superior court review if-it disagrees with the board holding the claiment harmless and not a party to the
superior court review if one was filed for excessive abuse of process on claims and causing undue hardship on
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California Avoiding needless reviews in future Appeals Board appeals and superior court filings. Where
these negative actions by EDD are obvious within aa board appeal.
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Appellant has “NOT” received one payment after filing his PUA claim over a year and 4 months ago. It is almost
3 years since the pandemic began.
Appellant is literally using hand sanitizer as a fuel to keep warm where he remains legally homeless since
losing his live in caregiving position!
Appellant will send any undefinable pages of the record that Appellant submitted to the EDD if requested.
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The EDD’s microfiche Copies of the record bring many doubts of the true intentions for further review of
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any evidence in support of claimants claims. Are the unreadable copies purposely printed in an unlegable manner
to sway the opinions for fusther review by the CUIAB?
20 CFR Section 625.7 disaster unemployment assistance Shali be payable to an eligible unemployed worker}
or eligible self employed individual for al} weeks of unemployment which began during a disaster assistance
period.
6/2022 - 6
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|| Res Ipsa loquitur!
amount of PUA benefits claiming that: Appellant may have received enough education to have applied for and
Case 2:28-cv-03041- (B-csk Document 1 Filed 2 Page 187 of 3
|
Section 3304({a)(8), of the Federal Unemployment Tax Act (FUTA), provides that a claimant
in an approved training course be allowed to receive UI benefits and not be denied UI based
on the claimant’s availability for work, active search for work, or refusal of work. The intent of
the federal statute is to enable claimants to participate in training programs while
unemployed so that they may gain new job skills or upgrade existing job skills to beable to
return to work quickly following training.
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Federat law provides that each state is generally free to determine what training is
appropriate and what criteria are established for the approval of training. However, states are
required to apply “reasonable criteria” which have been established for the approval of
training. Examples of such “reasonable criteria” include:
e The claimant's skills must be either obsolete or employment opportunities for the claimant in that
labor market are minimal and not likely to improve.
¢ The claimant possesses aptitudes or skills which can be usefully supplemented within a short time by
retraining.
e The training must be for an occupation fof which there is a substantial and recurring demand.
« Theclaimant must produce evidence of continued attendance and satisfactory progress.
|
Furthermore, federal law provides that states maynotrstese to approve training solely
because the training is conducted in another state. To do so would inhibit a claimant’s
mobility because claimants cannot reasonably be expected: ‘to commute to training in a state
in which they do not reside. To do so would also be inconsistent with the expressed intent
of Congress which was to “remove the impediments to training which remain in our
unemployment insurance system.”
California Unemployment Insurance Code 602 therefore would also be deemed an
impediment as well.as discriminating in nature when Federal PUA claims are filed with the
EDD over issues of eligibility when claimants for PUA assistance reside outside of California.
Has Appellant demonstrated he is capable of continued training within a legal forum
demonstrated by his continued defense within this PUA claim?
Appellant reserves any and all rights to issues and remedies in any and all civil action for damages beyond the
passed.the Bar Exam to date ifnot for the pandemic disaster. A direct cause of Appellant’s expulsion from a
paralegal course of study due to tuition requirements not being fulfilled ater Appcliant became unemployed. In
conjunction with any further education and experience working within a fiew profession in which Appellant would
have aquired after completion of the curriculum being studied prior to executive order N-33-20. Including but not
APPEAL REGARDING LETTER OF DETERMINATION DATED 11/ 162022 -7
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limited to attorneys fees and costs in any and all civil actious for remedies including any and.all Federal Issues and
remedies in Federal Court. Seeking damages and remuneration of losses sistained post March 19 2020.
Reference regarding problemis facing states and federal disaster assistance:
|
AMANDA SHARUM v. DIRECTOR, ARKANSAS DEPARTMENT OF COMMERCE, DIVISION OF
WORKFORCE SERVICES ;
!
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LANCE DELON ALVARADO
Tn proper person
-Dated this 5“ day of December 2022.
APPEAL REGARDING LETTER OF DETERMINATION DATED 11/16/2022 - 8
6
LOS ANGELES OFFICE OF APPEALS
Case #; 7172770 _— Status: Board Appea Program Code: 50 -
AO Case: AOQ-460751
AO Case State: Closed
AO Decision Mai Date: 09/21/2022!
Multi Case Name:
Appellant: Claimant Appeal Date: | 1/20/2022
i
Claimant: LANCE D ALVARADO Cimt Rep:
5719 MAYO CT
SUN VALLEY NV 89433 7036
Phone: (775).399-0045 Call collect Phone:
SSN:
Employer: Emp Rep:
i
Phone: Phone:
Account No: CHO: 0250
AAO/ACO:
Subpoenas: oO
Suspense Date: Board Appeal! 8/8/2022
Decision Mailed: 6/30/2022
Issue(s): 2102(a)(3)(A)(ii)
Split Cases: 7172770, 7172771
Calendar Notes:
2/7 SUPP | 3/8 supp | 5/12-SUPP | EDD DECL | edd deci.
Hearing - Date
Location
Robm ALS Outcome
06/23/2022 1:00 PM
378 - Las Angeles Phones MITCH Mitchell, Faith I. None
Report Run Date - 12/5/2022 2:37:32 PM, Server: RC-SQLOS Database: eCATS
Case 2:22-0.030414 csk Document1 Filed 121s Page 190 of 366
* SACRAMENTO ADJUDICAPION CENTER
PO BOX 419132 ; Emol '
RANCHO CORDOVA, CA 95741 EDD Fmployment
wala Depariment
State of California
EDD TELEPHONE NUMBERS
ENGLISH 1-800-300-5616
RADO SPANISH 1-800-326-8937
LANGE D ALVA CANTONESE 1-800-547-3506
SUN VALLEY. NV 89433-7036 MANDARIN 1-866-303-0706
‘ VIETNAMESE 1-800-547-2058
TTY (NON-voice) 4-800-815-9387
EDD INTERNET SITE: edd.ca.gov
Mail Date: 11/16/2022
Social Security No.:
Notice of Determination for Pandemic Unemployment Assistance
You are receiving this notice because you applied for Pandemic Unemployment Assistance (PUA). This program
is available under the federal CARES Act of 2020 due to the COVID-19 public health emergency.
You do not qualify for federal PUA benefits for the reason(s) listed below.
You Do Not Live or Work in California
You applied for PUA benefits in Califomia, but it was determined based on available information that you do not live in
Califomia, nor have you recently performed work as an employee or self-employed individual in California. Therefore,
you do not meet the legal requirements for payment of PUA benefits. (Public Law 116-136 § 2102; 20 Code of Federal
Regulations § 625.11 and § 625.14; California Unemployment Insurance Code Sec. 602)
\
DE 8$98PUA-D Rev, 4 (3-22) (MACRO}
Case 2:28-ev-08041.fM\-CSk Document1_ Filed i Page 191 of 366
Federal Law Authorizing the PUA Program
Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 [Public Law (PL) 116-136 Section 2102, as
amended by the Continued Assistance for Unemployed Workers Act of 2020 (PL 116-260) and the American Rescue
Plan Act of 2021 (PL 117-2)], and Title 20 Code of Federal Regulations Part 625.
Appeal Rights
If you disagree with this determination, you must appeal by 12/16/2022.
This determination is final unless appealed to an administrative law judge of the California Unemployment Insurance
Appeals Board within 30 days of the date this notice was mailed to you. (Unemployment Insurance Program Letter No.
16-20 Attachment | and Catifornia Unemployment Insurance Code §1328). Appeals should be sent fo the address listed
on this notice. Appeal forms are available on our website at edd.ca.gov/pdf_pub_ctride1000m.pdf.
In your appeal, you must state the reasons why you do not agree with this determination. While an appeal is pending,
continue to certify for benefits each week. If the California Unemployment Insurance Appeals Board decides you are
eligible, you will only be paid for the weeks you certified for and met all eligibility requirements.
DE 8598PUA-D Rev. 4 (3-22) (MACRO)
Case 2:23-cv-03041- -csk Document 1 Filed 12g Page 193 of 366
Claim Information - BYB 082221
SSA FIRST M LAST NAME CHO EFF DATE END DATE LANG
LANCE D ALVARADO 09010 08-22-21 09-04-21 0
STREET ADDRESS TELEPHONE REQUESTOR REQ DATE LOCATION
5719 MAYO CT 775 399 0045 HANNON 12-12-22 00250
cITyY ST ZIP CNTRY PROGRAM CODE FIPS ST OFF PETITION #
SUN VALLEY NV 894337036 DUA-U~SE 32 031
BIRTH SW PER UNION DOT SIC ER WP CIT SEX SPECIAL COMMENTS
12-16-72 A 399 201 73 S REQ i 1
AWARD INFORMATION OTHER AWARDS BP P
86 WEEKS AT 167 WBA 14362 MBA BAL 14362.00 SBP U
FLAGS FEI~(U/)/T-~IND~DUA, MC~05/31/92-00545, APPL-12/12/22, DUA-08/22/21-999999
-2001,
TAKEN- EFF OR W/E DT- AMT PAID~ FO INTER/ TIME SERIAL CK PAY
AUTH DT ISS DT ACTION ERN REASON AUTHOR NUMBER STS IND COMMENTS
112122 000000 090421 BISQ 0060 1358 1027 0
112122 000000 042821 DISQ C060 1358 1027 9)
050422 08222) RC 0250 3413 1429
Appeal Documents for LANCE-XXX-XX- | O ‘ (
Case 2:23-v-03041-4-CSk Document1_ Filed 124 Page 194 of 366
Claim Information - BYB 082221
SSN NAME LANCE D ALVARADO REASON
CURRENT CLAIM: 08/22/21 U DUA
STREET 3719 MAYO CT
city SON VALLEY STATE NV ZIP CODE 89433 7036 08/22/21 U DUA
PHONE 775 399 0045 FIPS 32 031 CHO $010
OPERID 602UCLMT REASON NO REASN
EFFECTIVE 01/30/22 TIME 15:29:07
PRIOR ADDRESSES AND RELATED CLAIMS
NEXT: UIS?PO5M PAY INPUT 12-12-22 17:43:10
SSA; CLM EFF DATE: 08-22-21 PROG CODE: OU
CLMT NAME: LANCE D ALVARADO WBA: 167 BAL: 14362
ER NAME: STREET ADDRESS: CITY:
DUA 5672 LUPIN SUN VALLEY
ST: NV 2IP: 89433 LDW: 030520 SEP REASON: D I WENT TO VISIT MY MOTHER AND
COULD NOT RETURN DUE TO COVID.
Appeal Documents for LANCE-XXX-XX- L
Case 2:23-cv-03041 v-csk Document1_ Filed “D: Page 195 of 366
Claim Notes - BYB 082221
12-12-2022 02576994
APPRAL FILED ON THE FOLLOWING ISSUES: MONETARY
12=12-2022 02576994
12/05/22 DE 713 #3 TO CLMNT CHA
12/05/22 CLMNT TIMELY APPEAL LA ~OAF JHA
12-07-2022 18639680
CUBS BURNDOWN W1I:167972223 WC-APPL-I WON MY APPEAL RESOLVED
CUBS BURNDOWN WI:167962125 WC-APPL-I WON MY APPEAL RESOLVED
11-21-2022 00631358
PER CUBS BURNDOWN LIST~ CLMT HAS UN BISQ.
11-17-2022 00638348
WORK ITEM I1D#2167784911 CUBS BURNDOWN LIST Wi RESOLVED
11-14-2022 02573068
TCTC, CLMT HAS BEEN ADVISED THAT AN APPEAL NEEDS TO BE FILED REGARDING
UN DISQ ~- NO CA FOOTPRINT (TR15}.
11-14-2022 02536994
TCFC RE STATUS OF PYMT;TOLD CLMT ALTHOUGH THERE WAS A REVERSED PUA OFC
ISION, THE CLAIM HAS A NEWER CURRENT DISQ BASED ON CA FOOTPRINT OR WORK
11-14-2022 02576994 (CONT)
AND MUST FILE AN APPEAL RE THIS SPECIFIC ISSUE.CLMT DISAGREED AS HE
STS PER LAW, WE ARE TO RELEASE HIS PYMTS AND MAY FILE A BO;CLMT WAS
EXPLAINED TKAT IS NOT CORRECT AND TO REFER TO LAST PARAGRAH OF ALJ DEC
CLMT REQUESTED TO SPEAK WITH SUPV. AND HUNG UP.
14-14-2022 01979935
TCFC IS FOLLOWING UP ON A DECISION FROM THE OFFICE OF APPEALS
RECEIVED A NOTICE DATED 091922 WILL CONTACT CHO 0901
11-40-2022 04971881
WIH167685597PER REVIEW OF CLAIM THE CLMT HAS NO LABOR ATTACEMENT TO C
A. PER BOARD OF APPEAL DECISION THE CLMT WAS FOUND TO HAVE RECEIVED CO
MPENSATION FOR PERSONAL SERVICES IN THE FORM OF ROCM AND BOARD AND PYM
T OF TUITION IN THE STATE OF NEVADA. CLMT PROVIDED CAREGIVING SERVICES
ONLY IN THE STATE OF NEVADA. CLMT HAS NOT WORKED IN CA. CLMT WAS ONLY
11-10-2022 049731881 (CONT)
LIVING WITH HIS MOTHER IN CA.
11-10-2022 04971681
DE S598PUA-D MAILED TO CLMT ON 11/16/22. ITEM K: NO RECENT ATTACHMENT
TO CA LABOR MARKET. CLAIMANT DOES NOT MEST POA ELIGIBILITY
REQUIREMENTS DUE TO CURRENTLY OUT OF STATE AND NO CA FOOTPRINT (TR15).
14-01-2022 95332355
ASKED CLMT WHAT ASSOCIATION HE BAS WITH CA, WHO DID HE WORK FOR?, CLMT
GOT ANGRY AND STATED "HE DID NOT WANT TO GO OVER THIS AGAIN WITH
ANOTHER “EF PERSON REP STATED TO HAVE A NICE DAY.
10-25-2022 85391530
TCFC RECVD NOTICE ON HIS EDD ONLINE ACCOUNT TO CONTACT THE DEPARTMENT
TO CONFIRM HIS ADDRESS, THERE IS A RETURN MAIL IN CUBS THAT STATES DO
NOT REMOVE, OUT OF STATE ADDRESS, MUST CONFIRM CLAIMANTS ASSOCIATION WI
10-25-2022 95331530 (CONT)
TH CALIFORNIA, EMAIL SENT TO SUPERVISOR FOR ASSISTANCE
10-25-2022 85371530
C/S IS CALLING FROM NV, AT THE TIME OF THE PANDEMIC HE WAS IN CA IN WH
EATLANO AT THIS MOTHER'S EOUSE, AND WAS UNABLE TO RETURN HOME AT THE T
IME
10-25-2022 00655464
COBS BURN LIST- WI:167384998; PREVIOUSLY RESOLVED, NO ACTION TAKEN.
10-19-2022 04997844
CUBS BURNDOWN LIST: MISSING WAGES FROM CLAIM
Appeal Documents for LANCE-XXX-XX-
La
Case 2:28-cv-08041,BV-CSK Document1_ Filed i Page 196 of 366
Claim Notes - BYB 082221
RESOLVED WITH NO REPLY
10-17-2022 02539086
D VQ #0 ELIG, 15:49, RLL.
10-12-2022 85773860
CUBS BURNDOWN LIST W1#167147050 PREV RESOLVED NO ACTION NEEDED
10-11-2022 02439268
WI# 167147050 RESOLVED.
09-29-2022 04079168
CUBS BURN DOWN LIST, WC# 167041099 RE: APPEAL AND BACKDATING AND PAYME
NT. CLMT ADV TO CALL IN AS APPEAL DOCS NEED TO BE REVIEWED TO SEE IF J
ODE DETERMINED BACKDATING
09-27-2022 USSB140
DE4800 MAILED 09/27/22 - VO .
DET APPT SCHEDULED FOR 10/14/2022 - 08:00am TO 10:0CAM DE4800STD.
09-26-2022 85792239
TCEC RE: CLMT INQ ABOUT STATUS OF PAYMENT AND INFORMED ME THAT UN bDISO
HAS BEEN LIFTED. INFORMEO CLMT ABOUT PENDING VO ISSUE. CLMT UPSET WIT
09-26-2022 857322398 {CONT)
H NEWS. REQUESTED DET.
09-22~2022 02531464
BD AO-460751 MLD 092122 RCV 092222: REV TO UN ELIG UNDER SECTION
2102 (A) 13) (A) (IT)
08-19-2022 02578140
REC'D 4012 FROM CUIAB MAIL DATE 08/08/2022 BD APPL AQ-460751 (ALT 71727
70}
07-19-2022 04032955
WI 165804685; PUA SEES SUB 21 DAY; UPLOADED DOCS DO NOT SUBSTANTIATE
LABOR FORCE ATTACHMENT. UN DISQ ALREADY COMP.
07-06-2022 01772933
TCFC RE:BACKDATE,C/S HE ROST BACKDATE TO 03/20 XFER TO CLMS
07-06-2022 02136647
TCEC RE ID: CLAIM IS IDC. ADVS CLMT UN DISQ X2 AFFIRMED BY ALJ
TRANSFER TO QICSC
07-06-2022 85332355
TCFC RE: APPEAL STATUS, JUOGE RETORNED TO BE PROCESSED. COULD NCT
HEAR ANYTHING ELSE, STATIC-CLMT HUNG-UP OR WAS DISCONNECTED.
TCFC RE ID, CLMT IS IDC 7/1/2022 TRANSF TO CLM DSPT FOR OTHER CLM ISSU
ES ON ACCT.
07-04-2022 PUASUNST
DE 6331EN~PUA MLD TO CLMT 07/07/2022
07-03-2022 UIPL5R1
PUA RE-ATTESTATION REQUEST WITH EXPANDED COVID-19 REASONS SENT TO CLMT
VIA UIO.
07-03-2022 PUASUNST
DE 6331EN-PUA MLD TO CLMT 07/07/2022
07-02-2022 PUASUNST
DE 6331EN-PUA MLD TO CLM? 07/07/2022
PUA SEES SUBSTANTIATION REQUEST TO CLMT VIA EMAIL 07/01/2022
ADVISING PROOF OF EMPLOYMENT/SELF-EMPLOYMENT OR SCHED COMMENCEMENT
THEREOF IS REQUIRED.
IP NO RESPONSE BEFORE SUSP ENDS, DISQ WILL BE ISSUED PER CONTINUED
ASSISTANCE ACT OF 2020 [PL 116-260].
21 DAY SUSP TO 07/23/2022.
07-01-2022 PUASUNST
DE 6331EN-PUA MLD TO CLMT 07/07/2022
Appeal Documents for LANCE-XXX-XX (C
Case 2:28-ev-03041,(@V-CSK Document1 Filed ee Page 197 of 366
Claim Notes - BYB 082221
07-01-2022 02578254
ALJ LA 7172770 MLD 063022 REC 070122. AFF 2102 (A} (3) (A} (Ii} DISQ.
07-01-2022 05633499
ID IRR DISQ REVERSED TO ID IRR ELIG PER ALG TAD/TDV
07-01-2022 05653499
ID IRR DISQ REVERSED TO ID IRR ELIG PER ALJ IAD/IDV
07-01-2022 02531007
EMAIL SENT TO CHO 056 TO MODIFY ELIGIAILITY DECISION TO ELIGIBLE. PER
ALJ DECISION 7172771, CLAIMANT IS ELIGIBLE UNDER SECTION CODE 1253A
FOR ID ISSUE.
APPL~-02/02/22 INACTIVATED
07-01-2022 02571007
ALJ BA-7172771 MLD 063022 RCVD 070122 REVERSED TO IRR ELIG
06-07-2022 05631137
APPEAL DECLARATION LETTER SENT WITH CODE 11, 12 AND 3 TO LOS ANGELES O
FFICE OF APPEAR REGARDING TO CUIAB CASE 7172771
05-04-2022 02573413
SUPPL DE2403~IRR TO LOS ANGELES OAP
02-21-2022 04170055
WI 162509654 CLMNT IS WAITING FOR COPIES. PER PREVIOUS NOTE. WAITING
FOR A RESPONSE FROM A MANAGER FROM 041] OFFICE.
WI 162390640 RE COPIES OF MESSAGES SENT IN AUG AND SEPT 2021. UNABLE T
O PRINT THE MESSAGES. CONTACT MANAGER FOR ADVISE AND WAITING ON RESPON
SE. ADV CLMT TO RESUSMIT TKE REQUEST IN WRITTING TO THE CHO 041.
02-16-2022 05679143
APPEAL DECLARATION LETTER SENT WITH CODE 3,8 TO LA-OAP
02-11-2022 01974392
Wi 162227705 RESOLVED ADVSD CLMT DET CANNOT BE SCHEDULED UNTIL APPEAL
IS COMPLETED AND IDENTITY CONFIRMS
02~07-2022 04103205
{CFC RE: CLAIM STATUS
VCC CALL CLMT NEEDS CHANGE ADDDRESS CLAIM ON FILE
02-64-2022 05659143
DE2403 AND DE1OSO SENT TO LA~OAP
02-04-2022 05679143
DE2403 SENT TO CHO #901
02-04-2022 05639143
ID PRE-APPEAL REVIEW WAS COMPLETED. DET IRR DISO IS AFFIRMEO DUE TO
THE FOLLOWING REASON({S): PROVIDED AN UNACCEPTABLE PHOTO ID, PROVIDED
AN UNACCEPTABLE SECONDARY DOCUMENT
02-02-2022 04109711
DISREGARD 2ND DESS9SPUA~D ENTRY, ENTERED IN ERROR WHEN TRYING TO RECRE
ATE BPOCUMENT FOR APPEAL
02-02-2022 04199711
DE S8598PUA-D MAILED TO CLMT ON 62/07/22. ITEM 82: UNEMPLOYMENT NOT
CAUSED BY ONE OF THE ACCEPTABLE COVID-19 REASONS. INDEFINITE DISO
EFFECTIVE 08/22/2021. 4
02-02-2022 04159711
APPEAL FILED ON THE FOLLOWING ISSUES: IRR NOT A QUALIFYING COVID-1i9 LT
STED REASON PUA NOT ALLOWED.
02-02-2022 04109711
01/20/22 DE 713 #3 TO CLMNT MLO
01/20/22 CLMNT UNTIMELY APPEAL IRR LA -OAP MLO
02-02+2022 04179711
DE S8598PUA-D MAILED TO CLMT ON 02/07/22. ITEM B2: UNEMPLOYMENT NOT
Appeal Documents for LANCE-XXX-XX-
a
Case 2:23-cv-03041 GRN-CSK Document1_ Filed ip Page 198 of 366
Claim Notes - BYB 082221
CAUSED BY ONE Of THE ACCEPTABLE COVID-19 REASONS. INDEFINITE UISQ
EFFECTIVE 08/22/2021,
02-02-2022 180J434A
TCEC RE: CLMNT ANGRY ABOUT IDNC AND WANTS TO KNOW WHY HE KEEPS GETTING
ID DI5Q. CLMNT OOS AND HAS PUA FUTHER INVESTIGATION
01-25-2022 85379768
WI 161561370 RESOLVED ~ RESPONSE TO FILED A CLAIM NO RESPONSE.
01-19-2022 05671952
THE ADDITIONAL DOCUMENTS WERE REVIEWED AND THE REASON FOR THE OISQ
IS STILL IN EFFECT FOR THE FOLLOWING REASON: DISQ DUE TO UNACCEPTABLE
DOCS. COPY OF DEIO80CZ DATED 09/13/21 OE1000M AND DE713 #7 TO CLMT:
UNABLE TO USE THE DOCUMENTS CLMT PROVIDED TO VERIFY THE IDENTITY.
ID pocs TO BATCH FILE
01-13-2022 18005812
W1I161134410 RSLVD
01-08-2022 85304737
ADD TO NOTE: MESS SENT TO CLMT TO ADV DE1080 MLD.
01-08-2022 85304737
WBCR NEVER RECVD DENIAL LETTER: DE1080 PRINTED AND MLD.
12-24-2021 G4033547
WORK ITEM ID: 160324586 CLMT WAS SENT DETERMINATION LETTER 8/3/21 ABO
UT IDENTITY. SAYS HE DIDNT GET AND DENIAL LETTER. SENT EMAIL
PPEAL RIGHTS & ONCE IDC, VQ DET WILL BE SCHEDULED.
11-29-2021 85359543
ASKED CLMT ABOUT BIRTH CERTIFICATE: SAID CERTIFICATE NUMBER IS
. KAISER FOUNDATION HOSPITAL, ADDRESS 2025 MORSE AVE., SACRAMENT
O, CA. CA DL#:
41-23-2021 USSBi40
DE4800 MAILED 11/23/21 - vO.
DET APPT SCHEDULED FOR 11/29/2021 ~- 08:COAM TO 10:00AM DE4800STD.
11-22-2021 02537393
HAS ES IN NV/ADDRESS FROM ICON IS PO BOX 7455 RENO NV 89510
11-22-2021 02597333
BIRTH CERTIFICATE IS FAKE/KAISER ON MORSE AVENUE WASN'T EVEN BUILT UNT
IL 1975
11-22-2021 02597393
WI 158883469 RESOLVED
11-12-2021 05651952
THE ADDITIONAL DOCUMENTS WERE REVIEWEO AND THE REASON FOR THE DISQ
IS STILL IN EFFECT FOR THE FOLLOWING REASON: DISQ DUE TO UNACCEPTABLE
bpocs. COPY OF DE1080CZ DATED 09/03/21 BE1000M AND DE713 #47 TO CLMT:
UNABLE TO USE THE DOCUMENTS CLMT PROVIDED TO VERIFY THE IDENTITY.
ID Docs TO BATCH FILE
DES617 RTRND BY USPS. NO ACTION TAKEN. ID NOT CONFIRMED
11-01-2021 85370893
WORK ITEM ID: 156890944 RESOLVED
10-26-2021 05678713
ASKEDD 4 RCVD: 09/08/21 SUBJ: BACKDATE EFF DATE DUE TO COVv19
RE: NO ACTION TAKEN, BACKDATE IN A PROCESS
16-07-2021 024736727
WORK ITEM IO-WKERE IS MY PAYMENT~155175785 COMPLETED,
09-23-2021 OS6S717K
DE 1326C RETURNED BY P.O. DUE TO NO SUCH NUMBER‘
11-29-2021 853039543
VQ CLAIRIFICATION- TCTC INFORMED CLMT NO VQ DET DUE TO IDNC. ADVD OF A vA
Appeal Documents for LANCE-XXX-XX-
(> *
Case 2:28-ev-03041,(M\-CSk Document1_ Filed 2 Page 199 of 366
Claim Notes - BYB 082221
ROUTED TO FILE CABINET IN INFOIMAGE
09-06-2021 602UCLMT
FO CH FR 8530 TO 9010
09-03-2021 85737730
TCFC Re ID NOT CONFIRMED. CUBS DOES NOT MATCH THE ADDRESS CLMT GIVES.
HE TS IN NV. SAYS HE HAS NOT LIVED IN CA FOR 20 YRS. ID ME NOT ACCEPTI
NG HIS NV LICENSE. ADVISED TO SEE OUR WEBSITE FOR INSTRUCTIONS OR USE
DE1326C MAIL FORM.
09-02-2621 05635053
IRR DISQ RD MI 5 DI-~PROVIDED AN UNACCEPTABLE PHOTO ID
09-02-2021 05675053 (CONT)
IRR DISQ RD MI 5S E1~~FAILURE TO PROVIDE A SECONDARY DOCUMENT
09/03/21 (08-22-21) O IRR #0 DISQ, IRR #0 DISQ, 13:07, 100:082221, L
ANG 0, SAM.
08-24-2021 37937122
If ALERT PROCESS INITIATED ~ DE1326C & DE1326CD MLD TO CLMT, DR1326ER
MLD TO: N/A
08-22-2021 85373296
CLAIMANT IMMEDIATE SUPERVISOR'S NAME GEORGE PAINE
08-22-2021 85333296
ER PH# (775) 674-2820
WORK SITE ADDRESS WORK SITE ADDRESS IS THE SAME AS THE MAILING ADDRESS
08-22-2021 85333296
RESIDENCE ADDRESS SAME AS MAILING ADDRESS
C/S USUAL OCCUPATION IS CAREGIVER
08-22-2021 85353296
CLAIMANT STATES NO OTHER NAME OR SSNS USED
CLAIMANT OUTSIDE CA IO IS NV: 3200140928
08-22-2021 85393296
CLAIM FILED VIA DE 11011
CLAIMANT STATES SOCIAL SECURITY CARD HAS SAME NAME AS OI CLAIM
08-22-2021 85333296
DL FROM NV
08-22-2021 85333296
ID ALERT ACTION REQUEST DE 1101I TO 056
08-22-2021 85393296
1173 ISS EFTV DT 082221 ISSUES: VQ
I WENT TO VISIT MY MOTHER AND COULD NOT RETURN DUE TO COVID.
08-22-2021 85333296
ISSUES:
DE429PUA MAILED TO CLMT ON 08-25-2021, WBA: $167.00 MBA: $14,362.00,
REDUCED O QI WEEKS, REDUCED 0 FED-ED WEEKS, PUA WEEKS = 8
Appeal Documents for LANCE-XXX-XX-
12/12/22, 5:43 P
Case 2:23-cv-03041
-CSK Document 4. sty “iled 12
mmary
3 Page 201 of 366
Payment Queue Francisco
156599622 Phone interview Eligibility and Payment Status Low Resolved None WC-DET-Interview/Payment UIC San
Status Queue Francisco
156764941 Fited a Claim, No Response Low Resolved None WC-CO-Filed a Claim No UIC Riverside
Response Queue
156890944 Filed a Claim, No Response Low Resolved None WC-CG-Filed a Claim No UIC Oakland
Response Queue
4156962014 Filed a Claim, No Response Low Resolved None WC-CQ-Filed a Claim No —_—UIC Riverside
Response Queue
158125147 Process ID Redetermination Low Resolved None {D Redetermination Unemployment
insurance
integrity &
Accounting
158126416 Where is my Payment? Low Resolved ~ None WC-Payments-Where is my UIC Redlands
Payment Queue
158883469 Filed a Claim, No Response Low Resolved None WC-CQ-Filed aClaim No UIC Rancho
: Response Queue Cordova
159092609 Phone Interview Eligibility and Payment Status Low Resolved None WC-DET-Interview/Payment UIC Pacific
Status Queue Center
159966067 Filed a Claim, No Response Low Resolved None WC-CQ-Filed a Claim No UIC Sar
. Response Queue Francisco
160106635 Filed a Claim, No Response Low Resolved None WC-CO-Filed a Claim No —- UIC San
Response Queue Francisco
160324586 Filed a Claim, No Response Low Resolved None WC-CO-Filed a Claim No ——-UIC Riverside
Response Queue
460391338 Filed a Claim, No Response Low Resolved None WC-COQ-Filed a Claim No ——- UIC San
Response Queue Francisco
160396050 Filed a Claim. No Response Low Resolved None WC-CQ-FiledaClaimNo UIC San
Response Queue Francisco
160643647 Fifed a Claim, No Response Low Resolved None WC-CQ-Filed a Claim Ne UIC San
Response Queue Francisco
160816737 Filed a Claim, No Response Low Resolved None WC-CQ-Filed a Claim No UIC San
Response Queue Francisco
160818996 Fited a Claim, No Response Low Resolved None WC-CO-Filed a Claim No UIC San
Response Queue Francisco
Revision History
Undated Date Update Updated By
12/09/2022 Claimant successfully logs into the system.Comment: Claimant has logged into the system 602CLMT
12/08/2022 Claimant has read the The EOD has Received Your Question dated 12/08/2022 22:45:42 602CLMT
1 2/08/2022 Claimant has read the Re: | Won my Appeal dated 12/07/2022 16:58:00 602CLMT
12/08/2022 Claimant successfully logs into the systam.Comment: Claimant has logged into the system 602CLMT
12/07/2022 Claimant has read the The EDD has Received Your Question dated 12/07/2022 16:35:06 602CLMT
12/07/2022 Claimant successfully Jogs into the system.Comment: Claimant has logged into the system 602CLMT
12/07/2022 Claimant has read the Re: | Won my Appeal dated 12/07/2022 13:39:06 602CLMT
12/07/2022 Claimant successfully logs into the system.Comment: Claimant has logged into the system 602CLMT
41/30/2022 Claimant successfully logs into the system.Comment: Claimant has logged Into the system 602CLMT
11/29/2022 Claimant successfully logs into the sysiem.Comment: Claimant has fogged into the system S02CLMT
11/29/2022 Claimant successfully logs into the system,Comment: Claimant has logged into the system 602CLMT
41/29/2022 Claimani successfully logs into the system.Comment: Claimant has legged inte the system 602CLMT
41/28/2022 Claimant has read the Messages for Week Ending Date(s) : 08/28/2021, 09/04/2021 dated 11/22/2022 21:16:50 602CLMT
41/28/2022 Claimant successfully logs into the system.Comment: Claimant has logged into the system 602CLMT
14/22/2022 Stub messages for week ending date(s) 9/4/2021 8/28/2021 have been posted 602T001
11/21/2022 Reprocess - GENERIC DECISION FOR REPROCESSING entered..Comment: reprocess weeks 00631358
111421/2022 Stop Pay Alert defeted: Return Mail - Other - 8/22/2021.Comment: **** DO NOT REMOVE OUT OF STATE ADDRESS, M 00631358
UST CONFIRM CLAIMANTS ASSOCIATION WITH CALIFORNIA
14/19/2022 Claimant successfully logs into the system.Comment: Ciaimant has logged into the system 602CLMT
14/17/2022 Claimant has read the The EDD has Received Your Question dated 11/17/2022 18:06:27 602CLMT
1141772022 Claimant successfully lags into the system.Comment: Claimant has fogged inta the system 6O2CLMT
Copyright © 2018 State of California
Case 2:23-cv-03041- CSK Document1 = Filed ize Page 202 of 366
~~ Employment : EDD TELEPHONE NUMBERS:
EDD Development . ENGLISH 1-800-300-5616
Department SPANISH 1-800-326-8937
State — California CANTONESE 1-800-547-3506
MANDARIN 1-866-303-0706
VIETNAMESE 4-800-547-2058
TTY (NON VOICE) 1-800-815-9387
ACKNOWLEDGMENT OF LETTER
. Mail Date: 12-12-2022
Name: LANCE D ALVARADO
LANCE D ALVARADO
5719 MAYO CT
SUN VALLEY NV 89433 Office Address:
° Employment Development Department
UI CENTER RANCHO CORDOVA
PO BOX 419132
Rancho Cordova, CA 95741
Your correspondence regarding a recent decision by the EDD about your Unemployment Insurance (UI) claim
has been received.
Your appeal has been processed and forwarded to the Los Angeles Office of Appeals. You will receive a hearing
notice from that office giving you the day, time and place of your hearing. . If you have any questions regarding
your appeal hearing or want to withdraw your appeal, you must contact the Office of Appeals at (213) 897-
5267_. The EDD cannot legally withdraw your appeal on your behalf. If you have other questions concerning your
Ul claim, please send an online message through the “Contact EDD” website at www.edd.ca.gov or cail one of
the toll-free numbers listed above.
DE 713 Rev. 30 (3-18) (INTRANET) | cu
MAILING RECORD CLAIMANT CLT REP EMPLOYER ER REP EDD OTHER-SPECIFY
RR JUN 0.6 2042.
HEARING NOTICE &
APPEAL PAMPHLET
PHONE HEARING B v]
HEARING NOTICE
REMAILED
POSTPONEMENT/
AMENDED
HEARING NOTICES
SUBPOENA
SOT - NTA- NTP
DE 6401 &
OE 1430
DECISION REMAILED
AMENDED DECISION
DIGITAL HEARING COPY
OTHER
MAIL. ADDITIONAL: TO:
INTERPRETER: DATE NOTIFIED:
{EF DISMISSAL for HRS | YES | NO
UNTIMELY APPEAL, or DENIAL 1
OF REOPENING, was all evidence 2
on these issues taken at the
START of the hearing? 3
DATE FROM INFORMATION
DE 6328 Rev..12 (3-18) State of Califomia - Employment Development Department ’ cu a)
Case 2:23-cv-03041§N-csk Document1_ Filed 124s Page 204 of 366
mCUIAB-BOARD APPEAL
Case# 7172770
Decided: 06/30/22
LANCE DELON ALVARADO
Appellant in proper Person
5719 Mayo
Sun Valley Nv 89433
(775) 399-0045
CUIAB - BOARD APPEAL
Appeliant Lance Delon ALvarado Hereby Files a timely Appeal Contesting
the decision dated 06/30/22 case# 7172770 Affirming denial of PUA claim Finding
the Appellant ineligible as determined under code section 2102 (a)(3)(A)(ii) Public
Law 116-136
Appellant moves to STRIKE DECISION in entire. Informing the Board that
the decision made 06/30/22 having been made from Findings of Fact that are in
error
Whereas the effective date on record being August 22, 2021 is in question
That the true effective date for Appellant's PUA claim for relief is March
19th, 2020 and qualifies Appellant under code section 2102(a)(3)(A)9ii) public law
116-136
That the record before the BOARD is incomplete and Appellant request
that New evidence to be admitted into the record for review in support of
Appellants accusations of EDD’s constant estoppel of Appeilant’s PUA relief
including but not limited to fraud, evidence and document tampering, perjury,
just naming a few.
EDD's testimony was not only deceptive and misleading in nature but was
in fact successful in its manipulation and directly influenced the Executive
Magistrates decision dated 08/30/22 after hearing held 08/23/22.
A decision that adversely affected Appellant’s legal and just claim in equity
. for the purpose of EDD’s unjust enrichment under color of law..
Case 2:23-cv-0304@.N-CSK Document 1 Filed 12@/23_ Page 205 of 366
Kannavos v. Annino, 247 N.E. 2d 708 (Mass 1969)
EDD misrepresentation due to non disclosure of documents, and
withholding of Appeliant’s true effective retroactive date for PUA assistance and
qualifying under code 2102(a)(3)(A)(ii)
Subjective Impossibility scionable clause
Restatement (first) §454; UCC2-615
That Appellant’s performance of retroactive date MARCH 19, 2020 could not
be done within the EDD website certification page although retroactive timeframe
allowed in performance from February 2020 thru SEPTEMBER 2021 for
retroactive effective dates claiming PUA relief. Dates presumed and reflected in
the writings within the COVID 19 Economic Relief Act and Pandemic Assistance
Programs. Unavailable dates using EDD certification for weekly benefits and
employment status update webpage
UNCONSCIONABILITY INCORPORATED BY REFERENCE
. UCC 2-302(1b) Effective date gained by a required certification date not
allowing retroaction may enforce remainder of contract without unconscionable
clause
UCC 2-302 Substantive Procedural unconscionability of
certification effective date using certification of weekly benefits on a PUA
retroactive claim for PUA relief where retroactive dating was not an option. The
Board's discretion in application of award.
Appellant seeking enforcement in total with damages.
Performance excused
Waldinger Corp v. CRS GROUP ENGINEERS, INC., 775 F.2d 781
(7th Cir. 1985)
In relevant part where performance is excused due to inability to meet
contract specifications that are applied in a restrictive manner. Appellant unable
to and restricted from applying retroactive March 19, 2020 as effective date for
claimed PUA relief
Case 2:23-cv-03041@N-CSK Document 1 Filed 12423 Page 206 of 366
Crenshaw County Hospital Board v. St. Paul Fire and Marine
Insurance Co 412 F.2d 213 (5th Cir. 1969)
EDD error in judgment was fully aware of Appellant’s requested retroactive
effective date and instead applied Appellant's required 08/22/2021 date of
certification for weekly benefits and employment status update as effective date
on record
EDD ignoring Appellant’s request to backdate claim submitted and took no
action to correct or admit request into record before the Board, another EDD error
in judgment
DUICK v. TOYOTA MOTORS SALES. USA INC
198 Cal. App. 4th 1316.131 Cal.Rptr. 3d 514 (2011)
Relevant in terms of electronic agreements where all the terms and
conditions are not made available and understood by both parties and why Fraud
in the Inception is a proper application over fraud in inducement.
Hochster v. De la Tour, 2 Ellis & BI. (Q.B. 1853)
UCC 2-609
Anticipatory Repudiation of performance and Breach
Appellant requesting assurance of performance
Appellant seeking immediate damages.
Appellant reserving issues Including any and all provisional remedies not listed
Appellant reserves any and all issues in action including but not limited to federal
issues and actions including but not limited to federal court
That the true effective date of Appellant’s claim is retroactive March 19,
2020 and is within the Federal dates allowing for retroaction being February 2020
thru September 2021 for PUA RELIEF.
Appellant having directly been affected on March 19th, 2020 and qualifies
under section 2102(a)(3)(A){ii) public law 316-136 becoming unemployed after
complying with Executive Order N-33-20 put into effect by California Governor
Gavin Newsom in response to the State of Emergency arising from COVID-19 and
Case 2:23-cv-03041@)N-CsKk Document1_ Filed 1222 Page 207 of 366
not being able to reach his place of employment. And upon returning was locked
out from his place of employment due to the employer being at a higher risk.
Appellant applied for PUA relief prior to the deadline to file for PUA relief
and is well within PUA regulations allowing a backdated or retroactive effective
date to be applied.
Appeilant only becoming aware of the existence of PUA relief just prior
to, and possible qualification for PUA relief while attending an in person
interview to
verify Appellant’s identity at the IRS in July 2021.
Appellant filed for PUA relief Aug 2021. Seeking relief for having been
directly affected on a retroactive date of March 19, 2020 as his effective date of
claim.
NOT AUGUST 22, 2021 the date of Appellant’s required certification for
weekly notification of employment status and update.
UCC1-203
Legal value, detriment apparent
Appellant consent and in compliance to imposed weekly certification was
in full belief of certification made was to notify EDD that APPELLANT was still
unemployed as of August 22, 2021..
By failing to redirect Appellant to a retroactive PUA relief date webpage or
enabling Appellant to enter a retroactive date to be applied to Appellant’s claim
and not making all the terms and conditions available on the certification
webpage resulted in a fraudulent effective date applied.
Fraud in the inception.
Nowhere on EDD certification website informed Appellant that the dates
Appellant submitted for certification were to be used as the dates under code
section 2102 on record as having been directly affected and date unemployment
began?
Appellant's answer of "NO" to a direct question during the hearing held
06/23/22 may have been in error.
_ Case 2:23-cv-0304 @ N-CSKk Document1_ Filed 1423 Page 208 of 366
Appellant requests a copy of the record including all recordings and
transcripts be sent.
Appellant requests the following 3 documents be admitted as new
evidence
1. NOTICE OF ONLINE ACCOUNT REGISTRATION
2. REQUEST TO BACKDATE CLAIM
3. END OF THE FEDERAL PANDEMIC UNEMPLOYMENT
ASSISTANCE AND PANDEMIC ADDITIONAL
COMPENSATION
1. Titled: Notice of Online Account Registration
Appellant finding this notice FOLLOWING HEARING HELD 06/23/22 where
Appellant’s answer of “NO” to a direct question during hearing held WAS IN
Notice in relevance as to EDD having true address 08/21/22 on file in
preclusion to any notices of determination as having been mailed and returned by
USPS to EDD.
2. Request to Backdate claim
Appellant DEMANDS that Appellant’s REQUEST TO BACKDATE CLAIM be .
produced by EDD and admitted into the RECORD before THE BOARD.
That the above request was submitted following Appellant certification of
benefits. 08/22/2021 and has not been made part of the record before The Board
During the Appellant’s Eligibility interview, held 11/29/22 the Appellant
questioned the Interviewer conducting the interview regarding the request
Where the Interviewer affirmed the request as having been submitted.
Case 2:23-cv-03041@)N-CSK Document1_ Filed 124Q23 Page 209 of 366
Appellant taking immediate action to remind EDD that Appellant was not
only informing EDD that he was still unemployed as of the date of certification but
also that the effective date of March 19th 2020 was to be applied as being the date
Appeilant was directly affected and qualified under code section 2102 (a)(3)(A)(ii)
public law 116-136.
3. End of the Federal Pandemic Unemployment Assistance
and Pandemic Additional Compensation Programs
Appellant submitting 1 of 4 letters above titled. 1 alongside Decision made
after hearing held dated 8/30/2022. A week after Appellant received the decision 3
duplicate letters arrived on same day a week after arrival of decision
The relevance to the number of duplicated letters Appeliant received being
4 total letters after decision made 08/30/22 and to its final sentence located on
bottom line of letter reading “This notice cannot be appealed and there is no
need to contact us.”
Letter misleading Appellant as to legal remedies within Appeilant’s rights in
claim for PUA relief still being made and evidenced making this APPEAL BEFORE
THE BOARD
RES IPSA LOQUITUR.
ESTIMATED DAMAGES INCURRED BY APPELLANT AFTER BEING DIRECTLY
AFFECTED BY THE PANDEMIC
1. Room and Board 2020 CAL STATE STUDENT average costs $36000.00
Appellant Application for PUA relief under salary while employed being room and
board and a paralegal student enrolled in an online paralegal course to be
determined by The Board
2. EDD claim amount for PUA benefits allotted in claim above 16000.00
Pandemic additional Compensation amounts added to weekly benefit amounts
$600.00 a week with any and all other adjustments made and total to be
determined by The Board
3. Average Attorney Fees and costs awarded and determined by The Board
Case 2:23-cv-03041@N-CSK Document 1 Filed 12423 Page 210 of 366
4. Award of One full year and one half of year added for Average Paralegal annual
salary working in California being anywhere between $65000.00 and $100,000.00
and determined by The Board.
5. Any other relief The Board feels an award would be used to set an example of
deceitful actions that shed a negative opinion on the executive process will not
be tolerated.
EXHIBIT INDEX
1. Notice of online Account Registration
Draft date reads 08/21/2021
Edd having Appellants true address on file claiming numerous
letters of determination were returned. EDD having no envelopes to
substantiate the post date of letters even being sent.
A 2
“4, oS
LANCE 0. ALVARADO
Retirement Benefits
You have earned enough credits to qualify for retirement
benefits. To qualify for benefits, you earn credits through
your work - up to four each year.
Your full retirement age is 67, based on your date of
birth: December 16, 1972. As shown in the chart; you
can start your benefits at any time between ages 62 and
70. For each month you wait to start your benefits,
your monthly benefit will be higher—for the rest of
your life.
These personalized estimates are based on your
earnings to date and assume you continue to earn
$1,569 per year until you start your benefits. Learn more
at ssa.gov/benefits/retirement/iearn.htm! :
Disability Benefits
To get benefits if you become disabled right now, you
need 28 credits of work, and 20 of these credits had
to be earned in the last 10 years. Your record shows
you do not have enough credits at this time to receive
disability benefits. Learn more at ssa.gov/disability.
Survivors Benefits
You have earned enough credits for your eligible family
members to receive survivors benefits. If you die this
year, members of your family who may qualify for
monthly benefits include:
Minor child: $995
Spouse, if caring for a disabled child or child
younger than age 16: $995
Spouse, if benefits start at full retirement age: $1,327
Total family benefits cannot be more than: $2,013
Your spouse or minor child may be eligible for an’
additional one-time death benefit of $255. Learn more at
ssa.gov/survivors.
5 Case 2:23-cv-03041QN-CSK —Document1 Filed 12/923 _ Page 211 of 366
Your Social Security Statement
June 23, 2022
Personalized Monthly Retirement Benefit Estimates
(Depending on the Age You Start)
re $767
Age Retirement Benefits Start
Monthly Benefit Amount
Medicare
you have enough credits to qualify for Medicare at age
65.
Medicare is the federal health insurance program for
peopie:
« age 65 and older,
¢ under 65 with certain disabilities, and
* — of any age with End-Stage Renal Disease (ESRD)
(permanent kidney failure requiring dialysis or a
kidney transplant).
Even if you do not retire at age 65, you may need
to sign up for Medicare within 3 months of your 65th
birthday to avoid a lifetime late enroliment penalty.
Special rules may apply if you are covered by certain
group health plans through work.
For more information about Medicare, visit
medicare.gov or ssa.gov/medicare or call 1-800-
MEDICARE (1-800-633-4227) (TTY 1-877-486-2048).
We base benefit estimates on current law, which Congress has revised before and may revise again to address needed changes. Learn
more about Social Security's future at ssa.gov/ThereForMe.
‘Earnings Record
Review your earnings history below to ensure it is
accurate because we base your future benefits on our
record of your earnings. There's a limit to the amount
of earnings you pay Social Security taxes on each
year. Earnings above the limit do not appear on your
earnings record. We have combined your earlier years
of earnings below, but you can view your complete
earnings record online with my Social Security. tf you
find an error, view your full earnings record online and
call 1-800-772-1213.
Earnings Earnings Taxed
Taxed for for Medicare
Work Year | Social Security (began 1966)
1981-1990 $6,659) $6,659
4991-2000 $109,614 $109,614
2001-2005 $142,948 $142,948
2006 $24,790 $24,790
2007 $31,377 $31,377
2008 $27,949 $27,949
2009 $14,643 $14,643
2010 $5,715 $5,715
2011 $0 ; $0
2012 $0 $0
2013 $0 $0
2014 $0) $0
2015 $0 $0
2016 $0 . $0
2017 $13,525 $13,525)
2018 $0 $0
2019 $0 $0
2020 $0 $0
2021 $1,569 $1,569)
Taxes Paid
Total estimated Social Security and Medicare taxes
paid over your working career based on your Earnings
Record:
Social Security taxes
You paid: $23,567
Employer(s): $23,373
Medicare taxes
You paid: $5,504
Employer(s): $5,459
> Case 2:23-cv-03044§PN-CSK Document 1 Filed 12423. Page 212 of 366
Earnings Not Covered by Social Security
You may also have earnings from work not covered by
Social Security, where you did not pay Social Security
taxes. This work might have been for federal, state,
or local government or in a foreign country. !f you
participate in a retirement plan or receive a pension
based on work for which you did not pay Social Security
tax, it could lower your benefits. To find out more, visit
$sa,gov/gpo-wep .
Important Things to Know about Your Social
Security Benefits
« Social Security benefits are not intended to be your
only source of retirement income. You may need
other savings, investments, pensions, or retirement
accounts to make sure you have enough money
when you retire.
« You need at least 10 years of work (40 credits)
to qualify for retirement benefits. The amount of
your benefit is based on your highest 35 years
of earnings. If you have fewer than 35 years of
earnings, years without work count as 0 and may
reduce your benefit amount.
* To keep up with inflation, benefits are adjusted
through "cost of living adjustments."
* — If you get retirement or disability benefits, your
spouse and children may qualify for benefits.
« When you apply for either retirement or spousal
benefits, you may be required to apply for both
benefits ai the same time.
« The age you claim benefits will affect your
surviving spouse's benefit amount. For example,
claiming benefits after your full retirement age
may increase the Spouse, if benefits start at full
retirement age amount on page 1; claiming early
may reduce it.
e — If you and your spouse both work, use the
my Social Security Retirement Calculator to
estimate spousal benefits.
¢ ff you are divorced and were married for 10 years,
you may be able to claim benefits on your ex-
spouse's record. If your ex-spouse receives
benefits on your record, that does not affect your
or your current spouse's benefit amounts.
¢ Learn more about benefits for you and your
family at ssa.gov/benefits/retirement/planner/
applying7.htm .
e When you are ready to apply,
visit ssa.gov/benefits/retirement/apply.htm! .
« The Statement is updated annually. It is available
online, or by mail upon request.
SSA. gov | Follow us on social media ssa.gov/socialmedia
Form SSA-7005-SM-OL (06/22) | Enclosures: Publication No. 05-10707, Publication No. 05-10702
Case 2:23-cv-03044)N-CSK Document1 Filed 12423 Page 215 of 366
2. Demand for EDD Production of
Document:
Titled: Request to Back Date Claim
Document verifies immediate redaction of certification for
weekly benefits and employment status update made 08/22, 2021
and misapplied as effective date of Appellant's retroactive PUA
claim for relief.
During Appellant's November 29, 2021 recorded eligibility
interview the interviewer confirmed the request to backdate the
claim as having been received.
EDD error in judgment has excluded request from record
3. End of the Federal Pandemic
Unemployment Assistance and Pandemic
Compensation Programs
Bottom line of the final sentence reads “ This notice cannot
be appealed and there is no reason to contact us.”
Misleading as to Appellant’s legal remedies.
LOS ANGELES OFFICE OF APPEALS (213) 897-5267
300 S. Spring Street, Rm 1502 Ground Fioor
LOS ANGELES CA 90013-1204
=
i
LANCE D ALVARADO Case No. 7172770 (PUA)
Claimant-Appellant Issue(s): 2102(a)(3)(A)(ii)
Date Appeal Filed: 01/20/2022
EDD: 0250
Date and Place of Hearing(s): Parties Appearing:
(1) 06/23/2022 Claimant
DECISION
The decision in the above-captioned case appears on the following page(s).
The decision is final unless appealed within 30 calendar days from the date of mailing shown
below. See the attached "Notice to Parties" for further information on how to file an appeal. !f
you are entitled to benefits and have a question regarding the payment of benefits, call EDD
at 1-800-300-5616. ,
Faith I. Mitchell, Administrative Law Judge
FILE COPY
Date Mailed:
RC JUN 39 2022
Case 2:23-cv-03041@N-CSK Document1 Filed 12/@~P3 Page 218 of 366
Case No.: 7172770 Los Angeles Office of Appeals
CLT/PET: Lance D. Alvarado ALJ: Faith |. Mitchell
Parties Appearing: Claimant
Parties Appearing by Written Statement: None
ISSUE STATEMENT
The claimant appealed from a determination that held the claimant was not
eligible for Pandemic Unemployment Assistance under the Coronavirus Aid,
Relief, and Economic Security Act, Public Law 116-136, section 2102(a)(3)(A)(ii)
(March 27, 2020), 15 United States Code section 9021(a)(3)(A)(ii). The issue in
this case is whether the claimant is unemployed, partially unemployed, or unable
to or unavailable for work as a direct result of at least one of the Covid-19 criteria
specified in federal law.
FINDINGS OF EACT
The claimant certified for benefits on this claim with an effective date of August
22, 2021, and a weekly benefit of $167.
The claimant was staying with an elderly vet in Sun Valley, Nevada and providing
caregiving in exchange for room and board, but no compensation. He went to
visit his mother in California the first week that stay-at-home orders were in
effect, and. when he returned to Sun Valley at some unknown time later, he was
unable to continue his previous arrangement with the gentleman and became
homeless.
REASONS FOR DECISION
The term Covid-19 means the 2019 Novel Coronavirus or 2019-nCov.
(Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136,
section 2102(a)(1) (March 27, 2020), 15 United States Code section 9021(a)(1).)
The term Covid-19 public health emergency means the public health emergency
declared by the Secretary of Health and Human Services on January 27, 2020,
with respect to the 2019 Novel Coronavirus. (Coronavirus Aid, Relief, and
Economic Security Act, Public Law 116-136, section 2102(a)(2) (March 27,
2020), 15 United States Code section 9021(a)(2).)
To be eligible for Pandemic Unemployment Assistance, an individual must not be
eligible for regular unemployment compensation or extended benefits under
State or Federal law or for Pandemic Emergency Unemployment Compensation
(PEUC) under section 2107 of the CARES Act, including an individual who has
7172770-2-000000 2
Case 2:23-cv-03041@N-CSK Document1 Filed 12/@P3 Page 219 of 366
exhausted all rights to regular unemployment compensation or extended benefits
under State or Federal law and for PEUC under section 2107 of the CARES Act.
(Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136,
section 2102(a)(3)(A)(i) (March 27, 2020) 15 United States Code section
Section 2102(a)(3)(A)(ii) of the Coronavirus Aid, Relief, and Economic Security
_ Act, Public Law 116-136 (March 27, 2020), 15 United States Code section
9021(a)(3)(A){ii), provides that an individual shall provide a self-certification that
either: (1) he or she is otherwise able to work and available for work, except that
the individual is unemployed, partially unemployed, or unable to or unavailable
for work because of the Covid-19 public health emergency, or that (2) he or she
is self-employed, is seeking part-time employment, does not have sufficient work
history, or otherwise would not qualify for regular unemployment or extended
benefits under State or Federal law and meets the criteria specified under the
CARES Act. .
Section 2102(a)(3)(A)(ii) of the Coronavirus Aid, Relief, and Economic Security Act
(March 27, 2020), Public Law 116-136, 15 United States Code section
9021(a)(3)(A)(ii), provides that to be eligible for PUA, an individual must be
unemployed, partially unemployed, or unable to or unavailable for work as a direct
result of one of the following:
aa. the individual has been diagnosed with Covid-19 or is experiencing
symptoms of Covid-19 and seeking a medical diagnosis;
bb. a member of the individual's household has been diagnosed with Covid-19;
cc. the individual is providing care for a family member or a member of the
individual’s household who has been diagnosed with Covid-19;
dd. a child or other person in the household for which the claimant has primary
caregiving responsibility is unable to attend school or another facility that is
closed as a direct result of the Covid-19 public health emergency and such
school or facility is required for the individual to work;
ee. the individual is unable to reach the place of employment because of a
quarantine imposed as a direct result of the Covid-19 public health emergency;
ff. the individual is unable to reach the place of employment because the
individual has been advised by a health care provider to self-quarantine due to
concerns related to Covid-19;
7172770-2-000000 3
Case 2:23-cv-03041 @N-csk Document1 Filed 12/3 Page 220 of 366
gg. the individual was scheduled to commence employment and does not have
a job or is unable to reach the job as a direct result of the Covid-19 public
health emergency;
hh. the individual has become the breadwinner or major support for a
household because the head of household has died as a direct result of Covid-
19;
ii. the individual has to quit his or her job as a direct result of Covid-19;
jj. the individual's place of employment is closed as a direct result of the Covid-
19 public health emergency; or
kk. the individual meets any additional criteria established by the Secretary
of the Department of Labor for unemployment assistance under this
section.
Individuals who are self-employed (including independent contractors and gig
workers) with reportable income may qualify for benefits under section
2102(a)(3)(A)(ii)(I)(kk) of the Coronavirus Aid, Relief, and Economic Security Act
(March 27, 2020), Public Law 116-136, 15 United States Code section
9021(a)(3)(A)(ii)(I)(kk), if they are unemployed, partially employed, or unable to
or unavailable for work because the Covid-19 public health emergency severely
limited their ability to continue performing their customary work activities and they
were either forced to suspend such activities or they experienced a significant
diminution in their customary or usual services, even absent a suspension of
services. (Unemployment Insurance Program Letter 16-20 (April 5, 2020);
Unemployment Insurance Program Letter 16-20, Change 2 (July 21, 2020);
Unemployment Insurance Program Letter 16-20, Change 4 (January 8, 2021).)
In this instance, the claimant's unemployment is not due to any of criteria
specified in federal law for payment of benefits. The claimant is ineligible as
determined under code section 2102(a)(3)(A)(ii), Public Law 116-136, and
benefits are denied.
DECISION
The department's determination is affirmed. The claimant is ineligible as
determined under code section 2102(a)(3)(A)(ii), Public Law 116-136, and
benefits are denied.
FIM 2,6
7172770-2-000000 4
Case No. 295977703-cv-0304@LN-csk Document1_ Filed 1223 Page 221 of 366
LOS +..«GELES OFFICE OF APPEALS
300 S. Spring Street, Rm 1502 Ground Floor
LOS ANGELES CA 90013-1204
Telephone: (213) 897-5267
Fax: (213) 897-6972
DECISIONS SENT TO
LANCE D ALVARADO
5719 MAYO CT
SUN VALLEY, NV 89433-7036
025 - RANCHO CORDOVA PAC
PO BOX 419132
RANCHO CORDOVA, CA 95741-9132
Case 2:23 87224 NERKLOPOENTOINGURANCELAEDHAT s REARB22 of 366
== /\ i ——— LOS ANGELES OFFICE OF APPEALS (213) 897-5267
ee or 300 S. Spring Street, Rm 1502 Ground Floor
onl LOS ANGELES CA 90013-1204
LANCE D ALVARADO Case No. 7172771 (PUA)
i - ant
Claimant-Appellan | | Issue(s): 1253(a), LATE 1
| Date Appeal Fited: 01/20/2022
EDD: 0250
Date and-Place of Hearing(s): Parties Appearing:
Claimant
(1) 06/23/2022
DECISION
The decision in the above-captioned case appears on the following page(s).
The decision is final unless appealed within 30 calendar days from the date of mailing shown
below. See the attached "Notice to Parties" for further information on how to file an appeal. If
you are entitled to benefits and have a question regarding the payment of benefits, call EDD
at 1-800-300-5616.
Faith |. Mitchell, Administrative Law Judge
FILE COPY
, Date Mailed:
RC JUN 30 2022
Case 2:23-cv-0304@.N-CSK Document1_ Filed 12@23 Page 223 of 366
Case No.: 7172771 Los Angeles Office of Appeals
CLT/PET: Lance D. Alvarado ALJ: Faith |. Mitchell
Parties Appearing: Claimant
Parties Appearing by Written Statement: None
ISSUE STATEMENT
The claimant appealed from a department determination holding the claimant
ineligible for benefits under California Unemployment Insurance Code section
1253(a) beginning August 22, 2021. The issue in this case is whether the
claimant has provided sufficient documentation to verify the claimant’s identity.
An additional issue is whether the appeal was timely filed, and, if not, whether
there is good cause to extend the filing deadline.
FINDINGS OF FACT
The claimant certified for benefits on this claim with an effective date of August
22, 2021, and a weekly benefit of $167.
The department requested that the claimant provide documentation sufficient to
establish the claimant’s identity as the individual who filed the claim and earned
the wage credits on which it was based. The claimant failed to comply with that
request within a reasonable period, and the department issued the adverse
determination.
The claimant has submitted to the office of appeals a valid photo identification
document consisting of a Nevada Identification Card, and at least one other
supporting document, consisting of a birth certificate. Each of these meets the
identity verification requirements of the California Code of Regulations.
The department mailed the claimant an adverse notice of determination to his
address of record on September 3, 2021. The address was incorrect, and the
claimant did not receive the notice as it was returned by the U.S. Postal Service
as indicated in the claim note date November 3, 2021. On November 29, 2021, a
call was made to the claimant about the determination and the claimant gave
information about his birth certificate and a California Driver License number.
stated that he did not get the letter. On December 24, 2021, a work item shows
that the claimant had sent an email and said he did not receive the determination
on his identity. A letter was printed and mailed on January 8, 2020. On January
19, 2022, the claim notes indicate that the identification document were review
and a copy of the determination and appeal form were sent to the claimant. He
7172771-2-000000 2
Case 2:23-cv-03049.N-CSK Document1 Filed 12@23 Page 224 of 366
sent a letter to the department dated January 20, 2022 which was treated as his
appeal.
REASONS FOR DECISION
The issue of timeliness of appeal is jurisdictional. Unless an appeal is filed
timely, or unless it is found that there is “good cause” under the statute for a late
filing, an administrative law judge has no jurisdiction to decide the case on the
merits and must dismiss the appeal. (Precedent Decision P-B-348.)
An appeal from a. determination must be filed within 30 days of mailing or
personal service of the notice. The time to appeal may be extended for good
cause, which includes, but is not limited to, mistake, inadvertence, surprise, or
excusable neglect. (Unemployment Insurance Code, section 1328.)
An appeal is deemed filed on the date it is sent in writing to the applicable office
of the appeals board or department branch office. It may be mailed, shipped by
express service common carrier, electronically transmitted or physically
delivered. (California Code of Regulations, title 22, sections 5000(gg) and (zz).)
In Precedent Decision P-T-35 the appeals board held that the postmark date,
rather than an earlier postal meter date, was.the date of filing of the petitioner's
petition as there was not substantial evidence to support the postal meter date as
the filing date.
In determining whether good cause exists for the late.appeal, all factors should
be considered, including: (1) the length of delay; (2) the reason for the delay; (3)
the diligence of the appellant in acting to protect his: or her rights; and (4) what
prejudice, if any, may result for the other parties or the / department if relief is
granted. (Precedent Decision P-B-348.)
The more substantial the delay, the more substantial must be the reason
demonstrated for the delay. (Precedent Decision P-B-348.)
In this instance, the claimant has good cause for his untimely appeal due to
excusable neglect as he never received the letter that was sent to an incorrect
address and returned by the Post Office. The time for filing the appeal is
extended.
The department may require a claimant to submit information to establish the
identity of the claimant and to verify the wages reported under the social security
number provided by the claimant. (California Code of Regulations, title 22,
section 1326-3(a).)
Case 2:23-cv-03041QN-CSK Document1 Filed 12/493 Page 225 of 366
The claimant shall have a reasonable opportunity to provide the information
requested pursuant to section 1326-3(b)(1). The claimant shall have the right to
request additional time to provide the requested information to the department.
(California Code of Regulations, title 22, section 1326-3(d).)
lf, within ten days from the mailing date of the request, the claimant has not
supplied the requested information, and has not contacted the department to
request additional time to provide the requested information, the department shall
grant or deny benefits based on the information available to the department
pursuant to section 1253(a) of the code. (California Code of Regulations, title 22,
section 1326-3(e).)
California Code of Regulations, title 22, section 1326-3(b)(1) provides that if the
information provided to the department by the claimant does not sufficiently
establish the identity of the claimant, or if the department cannot verify that the
wages reported under the Social Security number provided belong to the
claimant, the department shall require the claimant to verify his or her identity by
presenting a photo identification and one of the following documents:.
(A) Social Security number verification.
(B) Date of birth verification.
(C) Address verification.
(D) Employment data.
“Photo identification” means an official document issued by a local, state, or
federal agency, or a foreign government, which contains the individual’s
photograph, first and last name, and date of birth. (California Code of
Regulations, title 22, section 1251-1(l).)
“Social Security Number Verification” means verification of the social security
number, received by the department from the claimant, by either submission of a
copy of the claimant’s annual statement issued to him or her by the Social
Security Administration, or by verification of that individual's social security
number submitted to the department directly from the Social Security
Administration. (California Code of Regulations, title 22, section 1251-1(k).)
“Date of Birth Verification” means a birth certificate issued by a local, state, or
federal agency, or a foreign government, or other official certification of that
individual's birth. (California Code of Regulations, title 22, section 1251-1(m).)
Case 2:23-cv-03041-@\-csk Document1 Filed 121 QB: Page 226 of 366
“Address Verification” means an original utility bill, bill for cable TV, telephone bill,
insurance document or other correspondence from a bank or similar institution, a
current statement, provided the document shows the individual’s name and
residence. If the individual does not have a residential address but does have a
Post Office Box or a Personal Mailbox, address verification will be satisfied by
providing proof he or she is the renter or authorized user of the box. (California
Code of Regulations, title 22, section 1251-1(n))
“Employment Data” means a copy of that individual’s Wage and Tax Statement,
issued with the last 12 months, or a check stub or pay statement issued by that
individual’s employer within one year prior to the date that individual first filed a
claim for unemployment compensation. The check stub or pay statement must
contain the individual’s first name or initial, last name, social security number, the
name of the employer, and the date issued or the pay period for which the check
stub or pay statement was issued. (California Code of Regulations, title 22,
section 1251-1(0))
In this instance, the documents submitted sufficiently establish that the claimant
is the individual who filed the claim at issue and earned the wage credits on
which the claim is based. The claimant is not ineligible as determined under
code section 1253(a) and benefits are payable, provided the claimant is
otherwise eligible.
DECISION
The time for filing the appeal is extended.
The department's determination is reversed. The claimant is not ineligible as
determined under code section 1253(a) and benefits are payable, provided the
claimant is otherwise eligible.
FIM 1,6
7172771-2-000000 5
Case No. 4%2726-cv-03041@N-CSK Document1 Filed 12/3 Page 227 of 366
LOS, ...GELES OFFICE OF APPEALS
300 S. Spring Street, Rm 1502 Ground Floor
LOS ANGELES CA 90013-1204
Telephone: (213) 897-5267
Fax: (213) 897-6972
DECISIONS SENT TO
LANCE D ALVARADO
5719 MAYO CT
SUN VALLEY, NV 89433-7036
025 - RANCHO CORDOVA PAC
PO BOX 419132
RANCHO CORDOVA, CA 95741-9132
Case 2:23-cv-030414@)N-CSK Document1_ Filed 12423 Page 228 of 366
From: Lance Alvarado <delonlalvarado@gmai!l.com>
Sent: Monday, June 13, 2022 4:53 PM
To: CUIAB Los Angeles Info
Subject: Revised response to upcoming hearing to be held June 23rd @ 1.pm where dates of
hearing to be held were in error and revised.
On Mon, Jun 13, 2022, 3:46 PM Lance Alvarado <delonlalvarado@gmail.com> wrote:
To Faith Mitchell. Regarding cases 7172770, 7172771.
Upon reviewing the record of Appeal sent to Appellant. The Appellant wishes to review the following issues written
within this response at the hearing to be held on the 23rd day of June 2022 @ 1pm.
1. the benefit amount on record sent to Appellant notifying him of the upcoming hearing seems to be in error and
conflicts the amount given within the Appellant's UJ online account.
1, That U!'s intentional malum in se actiions toward the Appellant can be shown within the record and its obvious delay
in reviewing his claim has caused Appellant to suffer and Appellant ask the Court to consider awarding the following.
2 Appellant argues his termination being a caregiver and the ammount Appellant submitted with his Benefit
Application ( room and board) should equal to or around $36,000 annually.
(Figure procured from average CA student room and board costs in 2020 from Cal State website)
That his expulsion from his paralegal studies caused by the pandemic and travel ban issued by Govoner Newsom
regarding health concerns would be w/o a doubt working in that profession under an Attorney or firm todayi“And
prays for the court to award a further review before the final benéfit amount if awarded.
That since.his termination Mar 2020 the Appellant has in fact suffered undue
hardship in the following area's
medical bills, past due rent as well as small loans granted by friends and family need to be paid and Appellants
education furthered to re enter the workforce in the profession the Appellant was studying pre pandemic.
That the Appellant can prove beyond a reasonable doubt that the UI intentionally has caused this delay. That record
received by the Appellant notifying him of the above.mentioned hearing has acted with malicious behavior and has
acted in such a manner as to warrant his request.
That the claim again be- backdated to Mar 2020.when the Appellant was unable to return home. through and/or
exceeding the date UI received the Appella nt's claim for benefits. Not the date beginning Aug 2021 as the claim
continues to reflect.
That the Court remind the U! that they are here to serve the public not there to rob the public. That the public trusts
.their public servants the U! Deparrment. Yet actions such as these bring that public trust to question in a negative
way. The funds that UI distribute are not their own to make decisions based on speculation and feelings and then have
the audacity to call it factual when their findings contradicts the facts all together! (Fraud called fact)
Not to put claims on low priority and delaying the claimant but to address in the order they are received.
(Discrimination and bias)
That when a possible fraud investigation is started that it is expedited to save the public funds.not drag it out it out
until the last possible date!
(Purposeful delay in claim being processed causing undue hardship)
1
Case 2:23-cv-03049.N-CSK Document1 Filed 12@23 Page 230 of 366
ED. Developaeat &
State of Califorjda
Did the claimant provide an acceptable form of DOB verification? ( Yes (1 No—-DE 4365RID Suspense Date:
8. DE 1326ER/DE 1326E INFORMATION
A. DE 1326ER mailed to employer on .
Did the employer provide a current address for the individual/employee that is different from the claimant's address ‘in
Department records? [Yes CINo
B. DE 1326E sent based on a telephone call or correspondence from another individual claiming ta own the identity 0 Yes (}
9. ADDITIONAL FACTS:
10. SUMMARY OF MATERIAL FACTS AND REASONING:
The Department received information that the identity used to file this claim may not belong to the claimant filing the claim. The
claimant was mailed written notices, the DE 1326C and DE 1326CD on 08/24/21, requesting identity verification.information.
The claimant's last employer and base period employer(s) were also mailed a written notice, the DE 1326ER on ,
requesting identity verification information regarding the claimant.
Evidence indicates:
D. KR! Requested Identity Documents Not Provided
; The claimant did not provide some or all of the requested documents to verify his/her identity as required by CCR, Title
22, Section 1326-3. The Department was uriable to verify that the claimant owns the identity under which the claim was
filed.
11. LEGAL RESULTS
IRR Disquatification Reason for Decisions
C. & Available information indicates the claimant failed to provide the requested documents required to verify his/her identity
as required under CCR, Title 22, Section 1326-3. The Department is unable to verify the claimant's identity, therefore,
the claimant is determined to be ineligible for UI benefits under Section 1253a of the UI Code effective 08/22/21.
Under Section 1253A of the U! Code claimant is IRR Eligible IRR Disqualified; RD MI5D1, G1
Decision made on date: 02/04/22 attime: 14:32. LNG
; Department Representative
DE 2403!RR-ID Rev. 4 (06-20) Page 2 of 2
Case 2:23-cv-0304 @LN-csk Document1 Filed 123 Page 232 of 366
7 _____. @CUIAB
From: Lance Alvarado <delonialvarado@gmail.com>
Sent: Monday, March 7, 2022 3:13 PM
To: CUIAB Los Angeles Info
Subject: Appeal Regarding Notification of Determination Letter Sent 02/07/2022
Attachments: 20220307_145804,jpg; ALVARADO VS THE STATE OF CALIFORNIA UNEMPLOYMENT
INSURANCE (1).pdf
Attached is appeal! form and 5 page brief regarding Mr. Lance Alvarado’s claim for backdated relief.
Appellant will also be mailing true copies via certified letter.
Employmen. EDD Telephone Numbers:
PANISH 1-800-326-8937
— en Depariment CANTONESE 1-800-547-3506
State of California VIPTNAMESE 17888-20)-07 08
IETNAME 1-800-547-2053
TTY {non-voice) 1-800-815-9387
website: edd.ca.gov
APPEAL FORM
If you disagree with the Notice of Determination(s) and/or Determination(s/Rutings by the EDD, you may a |
the ecision(s) to the California Unemployment Insurance Appeals Board (CUIABY by completing this form and
explaining why you disagree. You must sign the form and return it to the EDD at the office address listed on the
natice that you are appealing. YOU HAVE 30 DAYS FROM THE MAIL DATE OF THE NOTICE TO FILE A TIMELY
AP PEAL. If you appeal after the 30 day period, you must include the reason for the delay. The administrative law
judge (AL) will determine whether you had good cause for the delay. If the ALJ determines you did nat have good
cause to submit your appeal late, your appeal will be dismissed.
CLAIMANTS: wie your appeal is pending, you must continue to cerlify far benefits. If you are found eligible, you
can be paid only for periods for which you have certified and have met all other eligibility requirements.
NOTE: Claimants for Disaster Unemployment Assistance (QUA) have 60 days to file an appeal. Emp! li
; engi . Employers appealing
the Notice of Determination or Assessment (DE 3807}, have 30 days to file an appeal, pre ”
SECTION ! APPELLANT INFORMATION
INSTRUCTIONS: The following information must be provided by the Appellant (the claimant or employer who is
appealing a notice), or by the authorized agent or representative of the Appellant. The signature of the Appellant or
| agent is required. Please use BLACK INK when filling out this form.
Claimant Name: Lance Alvarado Social Security Number:
Do you need a tignslator? ~(Y¥es [No If yes, what language/dialect?
(775) 399-0045
Appellant Address: 719 Mayo Court Telephone No.:
Sirmet No.. Apt. Na., or PO Box
Sun Valley Nv 89433 Fax No.:
City State. «ZIP Code
dcJonialvarado@gmnail.com Cell Phone No.. €775) 399-0045
E-mall Address:
| authorize the CUIAB to send confidential information regarding my appeal to the e-mail address listed above.
| authorize the CUIAB to send confidential information regarding my appeat by text message or voice mail to
the cell phone number listed above.
Agent Name (if applicable):
Employer Account Number:
Agent Address: Sica Nos Apa Noor PO Box City Site ZIP Code
SECTION tf! APPELLANT STATEMENT
INSTRUCTIONS: Explain the reason for your appeal and why you disagree with the decision(s). If required, attach
additional pages to this form and write your name and Social Security number on each page.
| disagree with the determination in the notice dated 02/02/2022 __ because
/ "SBE ATTACHED* Including but not Timiled to any other rcemidics.
Cluim should be backdated to March 2020 not August 2022
FFCRA - Coverage over paid sick loave section 2629 of the Code
ULCA Code 1259 A-F Olvicr vs The Satc of California Unemployment
CIV 66215 May 23. 1983 Sec 621 of Lhe code independent contractor post cmployment
California Welfare and instructions code WIC 14454 VA Health Plan
Signature of
Appellant or Agents — pate: (~ #- CL
cu
DE 1000M Rev, 8 (5-19) (INTERNET) - Versi6n en espafiol en el dorso -
i
|
Case 2:23-cv-03041-@i-csk Document1 Filed 12/2@s - Page 235 of 366
ALVARADO VS THE STATE OF CALIFORNIA UNEMPLOYMENT INSURANCE
* Appeal to the California Unemployment Appeals Board arising from a Notice of
Determination received by Appellant via US postal service February 2022 denying
benefits for BACKDATED PUA CLAIM filed August 2021 Requesting
_unemployment benefits and tuition costs beginning Mar 2020
1, HISTORY
2017 Appellant accepted employment as a full-time live-in caregiver to George Paine, a
disabled United States Veteran.
Mr Paine had recently terminated a caregiver who worked for a licensed provider and
came to Mr. Paine’s home twice a week. Mr. Paine, in charge of his own finances, had
never discussed how his previous caregiver was compensated to Appellant.
In 2017 Mr. Paine scheduled an appointment to attend a meeting with the Appellant at
the Veterans Regional Office located at 5460 Reno Corporate Drive in Reno Nevada. The
purpose of this meeting was to secure compensation for the Appellants’ services.
During the meeting the VA Representative informed Mr. Paine and Appellant the
following information:
The VA had approved all disabled veterans who qualified for in-home care to be able to
choose their own caregivers. Mr. Paine currently is qualified for in-home care. The policy
currently funded post-gulf war veteran caregivers while pre-gulf war veteran funding was
approved and in the process of being drafted within the VA’s annual budget. The VA
advised they would notify Mr. Paine once the funding became available. The Appellant,
believing compensation was due to arrive and now being the approved caregiver for Mr.
Paine, continued to provide services for Mr. Paine. Which included but not limited to,
accompanying him to and from all VA appointments, doctor appointments, basic
checkups, and nutrition appointments.
As time passed the Appellant and Mr. Paine had numerous discussions regarding the
continued delay in receiving back compensation for the Appellants completed services.
These discussions brought no resolution, and would at times become negative and
adversely affect Mr Paine's health, so Appellent would discontinue the subject matter
until a later date.
The Appellant then proposed taking an online paralegal course whose curriculum would
not interfere with Appellants daily duties and Appellant would prepare to reenter the
workforce in a new career once Appellants service was no longer needed.
Page 1
Case 2:23-cv-03041-QN-CSK Document 1 Filed 12/3 Page 236 of 366
Mr. Paine accepted the Appellants proposal and paid $200 out of the
$500 total cost of tuition. Promising the remainder of the cost when the Appellant
showed progress in the course. Appellant enrolled and became an online student
(distanced learning) at Stratford University. .
Appellant requested time off by giving proper notice and arranged for Mr. Paine’s
cousin, who visited Mr. Paine’s home frequently, to fill in for Appellant while away. Time
off is required through the VA caregiver program and is highly recommended for the
mental health of both veterans and live-in caregivers who had to be available 24/7.
Appellant had to reschedule this time off twice to accommodate Mr Paine. The Appellant
was finally able to arrange time off in March 2020 to travel to visit Appellant’s elderly
mother who resides in Wheatland California. The California State Governor, Gavin
Newsom, issued a stay-at-home order March 19, 2020.
Due to the coronavirus pandemic starting just after the Appellant arrived at his mother’s
residence, the pandemic’s quarantine or stay at home order and travel ban placed by
California’s governor on recommendations issued by the CDC for public health concerns
to help slow the spread of the disease and is the direct cause of Appellants delayed return
to care for Mr. Paine who maintains that the Appellant had abandoned him and quit.
The Appellant was unable to return to Nevada until May 2020.
Upon return to Nevada the Appellant found his belongings outside of Mr. Paine’s
residence along with a posted notice of no entry (lock out) over concerns of the
coronavirus. Mr. Paine is at higher risk due to having medical issues.. Appellant, now
homeless and unemployed, resided in his vehicle and volunteered at Hands for Hope
Food Bank to be able to feed himself as well as serve his impacted community.
In June, Appellant had an opportunity to make a new start in Oklahoma, while helping a
friend move. Due to the COVID-19 restrictions, lightened yet still in place, Appellants
work opportunities were still limited. Appellant returned to Nevada July 2020.
Appellant completing first phase of circulume, grew concerned by not obtaining second
phase of circulume from Stratford University via United States Postal Service.
Appellant telephoned Stratford University regarding the second phase of circulume and
was advised that tuition payments were not being paid. Appellant pleaded that his
current inability to pay was due to the pandemic. The University offered no deferred
payments.T he Appellant was then expelled from the program.
The Appellant continued to donate time to the Food Bank until the doors closed due to
restrictions concerning Covid 19 still being in effect.
Page 2
Case 2:23-cv-0304 9 N-CSK Document 1 Filed 12@23 Page 237 of 366
Appellant, having to prove his identity to receive his 2020 tax return, attended a July
2021 appointment at the IRS Federal building in Reno Nevada, at which point he learned
that he could qualify for the PUA relief having been directly affected by the pandemic.
The Appellant therefore applied for PUA relief through the California EDD August 2021
and requested the benefit be backdated to March 2020 due to the Appellant being
physically.located in California at the time his unemployment began and due to the
quarantine the pandemic restrictions put in place.
November 29, 2021 Appellant had an eligibility interview and mentioned his
backdated benefits request and interviewer confirmed the request as having been
submitted.
bn November 30, 2021 Appellant received a letter of an interview to be held on
November 29, 2021 between 8 AM and 10 AM one day after Appellant attended the
above stated eligibility interview.
EDD sent notice of determination February 2, 2022, denying benefits beginning
August 22, 2021, finding that none of the federally approved covid 19 reasons apply
undet The Cares Act.
Appellant now appeals that finding and has no doubt that he would have graduated and
been employed and working as a paralegal for an attorney or firm by now if not for the
pandemic restrictions being put in place.
2. APPELLANT'S ADVERSE ARGUMENT
The Appellant argues he IS partially unemployed or WAS unavailable to work due to
more than one of the reasons related to Covid 19 as stated on the Notice of
Determination. Therefore Appellant DOES MEET the legal requirements for
payments beginning March 22, 2020 NOT August 22, 2021 as the notice of
determination states. The notice of determination is an error regarding dates of |
benefits requested. The EDD failed to apply the backdated request submitted by the
Appellant and was confirmed during the eligibility interview held November 29, 2021
by the interviewer.
If the EDD correctly applied the backdated request for benefits March 2020, the
Appellant meets numerus legal requirements to receive PUA benefits and this issue
would not be pleaded before you.
Appellant argues who “wasn’t affected by the pandemic?” that the Corona and Covid 19
viruses kept the entire nation in a state of emergency since the outbreak. Many
businesses in California, including all government buildings i in and surrounding
Wheatland were closed. Restrictions regarding wearing masks just recently have been
lifted. To claim that none of the federal reasons applied to the appellant is as
Page 3
Case 2:23-cv-0304@LN-CSK Document1 Filed 14/23 Page 238 of 366
preposterous as claiming the “Ebola” virus is harmless to humans.
3, LEGAL RATIONALE
Rule: Families First CoronaVirus Response Act or
FFCRA, an employee-based states “where a provider of healthcare, (appellant) who has a
direct result of a quarantine (stay at home order/travel ban) was not allowed to care for
someone (Mr. Paine) who expects care to be provided and whose relationship creates
that expectation and who resides at the place of care is covered under the act for POAD
family leave. The appellant's legal address listed on his current state of Nevada issued
Identification Card is Mr. Paine’s address in Nevada.
Appellant accepted employment under Mr. Paine until his termination appellant was an
“employee” unable to fulfill Mr. Paine’s expectation of having his caregiver present even
through the coronavirus pandemic restrictions and concerns of Mr. Paine being at a
higher risk.
Whom after termination would be considered an out of work self-employed or sub
contractor under The Cares Act and focused on employer-based relief where the
appellant whom was seeking other professional remedies prior to the pandemic while | -
employed under Mr. Paine was enrolled as a paralegal student looking to change his __
profession and could not maintain the cost of tuition post-employment is also granted
relief under the cares act due to his inability financially to pay for cost of tuition at any
university and the collective bargaining agreement held between the two parties.
Why is the Appellant not receiving benefits on his PUA claim?
Appellant argues that The Cares Act is meant to help all citizens affected by the pandemic,
not just a few.
The Appellant being obviously affected by the pandemic is well within his rights to receive
the PUA benefits being physically located in California at the time of the quarantine and
is established in the timeline and that can be proven beyond reasonable doubt.
EDD needs to correct the benefit dates on Appellants claim and their failure to do so, has
caused this delay and is the issue before the appeal board that under UICA code 1259 no
work or employment shall be deemed suitable and benefits “shall not be denied" for
refusing new work under the following conditions:
a. lockout
b. pre-available wages and no license
c. no workers compensation paid
d. no trust or contributions nor transmission of disability as required
Page 4
1%
Case 2:23-cv-03041@N-CSK Document1 Filed 12/@pP3 Page 239 of 366
Appellant is questioning why benefits have not been received under UICA code 1259
while this issue is being resolved.
Appellant prays for an immediate writ of mandate for benefits to be paid retroactive to
March 2020. Appellant is in hardship and is fully in need of money to enroll back
into a legal program to further his education and get back into the workforce as soon
as possible.
Appellant cites including but not limited to the following, as reasons that he qualifies and
the reason why the Appeal board should issue an immediate writ of mandate that
remands his claim back to unemployment. The Appeal board reverse and remand the
unemployment denial benefits from August 22, 2021 immediately and retroactively
reinstate benefits beginning March 2020.
Appellant sites including but not limited to the following:
« Sections 2629 and 621 of the Code
* Citing Oliver v California unemployment civ 66215 May 23, 1983, and its resulting
appeal .
* FFRCA AND THE CARES ACT
* UICA 1259
¢ CA WIC CODE 14454
Oliver vs The State of California Unemployment Appeals Board CIV 66215 May 23,
1983 Judgment denied for a writ of mandate Court of Appeal, Second District, Division
4, California.
Gwendolyn Oliver, plaintiff and appellant, vs California Unemployment Insurance
Appeals Board, defendant, and respondent.
CIV 66215 decided: May 23, 1983
The judgment is reversed. Kingsley, Associate Justice.
Woods, P.J., and McClosky, J., concur.
Page 5
Case 2:23-cv-0304@LN-CSK Document1 Filed 123 Page 241 of 366
STATE OF CALIFORNIA
EMPLOYMENT DEVELOPMENT DEPARTMENT
800 Capitol Malt
Sacramento, CA 95814
BEFORE THE CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD
LOS ANGELES OFFICE OF APPEALS
In the Matter of: DECLARATION
Lance D Alvarado, APPEARANCE OF
Petitioner EMPLOYMENT
CUIAB Case No(s). N/A DEPARTMENT
1, Lan N, declare.as follows:
1. lam-authorized to submit this declaration on behalf of Employment Development
Department (EDD) in lieu of appearance of the above appeal! pursuant to section
5061 of Title 22 of the California Code of Regulations (CCR).
2. lam employed.by the EDD as an Appéals Representative within the
Unemployment Insurance Branch. My duties include reviewing, processing, and
transmitting appeals. | am competent in the administration and application of the
Unemployment Insurance (Ul) program.
3. | make this declaration based on my own personal knowledge, having reviewed
the records, to the best of my knowledge, prepared or compiled by staff at EDD,
in the ordinary course of business, at or near the time of the acts, conditions or
events recorded, except where stated on information and belief, and if called to
testify on these matters, | could do so competently.
Case 2:23-cv-03044LN-CSK ‘Document 1 Filed 1A 23 Page 242 of 366
4. On, September 3, 2021, EDD issued a determination of eligibility finding the
Petitioner disqualified from receiving benefits under California Unemployment ..
Insurance Code section 1253(a) for failing to provide sufficient information to
establish their identity.
5. Upon information included in EDD’s records, the following issue(s) prevented the
EDD from being able to verify the petitioner's identity and process their claim. in
accordance with authorized regulations:
Evidence indicates that the address on this claim is not associated with the true
owner.
The evidence indicates the claimant submitted altered or fraudulent documents.
Based on this, | believe the determination disqualifying the Petitioner from
unemployment insurance benefits should be affirmed.
6. Attached as Exhibit A is a true and correct copy of Potential fraud: Birth
certificate appears altered; addresses in claim’s records not match with CLEAR
source for true SSN's owner.
| declare under penalty of perjury under the laws of California that the foregoing is true
’ and correct. Executed this 16th day of February, 2022, at Sacramento, California.
Lan N
Appeals Representative
Unemployment Insurance Branch
(7
¢@ _ ‘Case 2:23-cv-0304@N-CSK * Document1 Filed 12@23 Page 243 of 366
oa California © amployment Insurance Appe =; Board
FO Case Report
LOS ANGELES OFFICE OF APPEALS
Case #: 7172770 Status:
Multi Case Name:
Unverified Program Code: 50
Appellant: Claimant Appeal Date: 1/20/2022
Claimant: LANCE D ALVARADO Cimt Rep:
5719 MAYO CT
SUN VALLEY NV 89433 7036
Phone: (775) 399-0045 Call collect Phone:
SSN:
Employer: Emp Rep:
Phone: Phone:
Account No: CHO: 0250
AAO/ACO:
Subpoenas: 0 .
Suspense Date: Board Appeal:
Decision Mailed:
Issue(s): 2102(a)(3)(A)(ii), LATE 1
Split Cases: 7172770, 7172771
Calendar Notes:
2/7 SUPP
Hearing - Date Location Room ALJ Outcome
Report Run Date - 2/7/2022 8:42:03 AM, Server: RC-SQLOS Database: eCATS
Case 2:23-cv-0304 HH. N-CSk Document1 Filed 12923 Page 244 of 366
The UI had two physical addresses given by the Appellant a mailing and a physical.address. the Appellent asks for
&xcuséd neglect of the misprinted mailing address. Appellant being under duress at that time after losing his job and
residence and had filled out his application in his vehicle typing on his phone. And forgive this error for it did not cause
this delay. But that UI had failed to notify the Appellant of this error and in fact had a second address to Mail any
paperwork that had been returned. As well as a phone number to call the Appellant and finally The Appellant's
attempts at contacting the Ui were ignored. The UI having the options and yet doing nothing to resolve their
speculation are the real cause of this claim.
Ul showing no envelopes with any postage stamped dates to verify their returned letters only alleged contents. where
letters containing dates may of been altered! One letter of determination not even having a header or footer with the
Ul letter head not being present at all and anybody not working for the Ut could have typed up and submitted?
The Appellant can and will bring up further issues in his defense at the upcoming hearing to be held on the 23rd day of
June 2022 at 1pm if required. And reserves the.right to be heard concerning possible illegal activity being practiced by
the UA department if needs be.
The above response to the record received on the 10th day of June 2022
Submitted to the LA appeals office e-mail address this 13th day of March 2022
By Lance Delon Alvarado
Pro Se
lee
Case 2:23-cv-03041@N-CSK Document 1 Filed 12/@3_ Page 245 of 366
Blanco, Rebecca@CUIAB
From: Lance Alvarado <delonlalvarado@gmail.com>
Sent: ; Monday, June 13, 2022 3:47 PM
To: CUIAB Los Angeles Info
Subject: Contested Benefit Amounts in record received by Appellant
To Faith Mitchell. Regarding cases 7172770, 7172771.
Upon reviewing the record of Appeal sent to Appellant. The Appellant wishes to review the following issues written
within this response at the hearing to be held on the 23rd day of March 2022 @ 1pm.
1. the benefit amount on record sent to Appellant notifying him of the upcoming hearing seems to be in error and
conflicts the amount given within the Appellant's UI online account.
1. That Ul's intentional malum in se actiions toward the Appellant can be shown within the record and its obvious delay
in reviewing his claim has caused Appellant to suffer and Appellant ask the Court to consider awarding the following.
2 Appellant argues his termination being a caregiver and the ammount Appellant submitted with his Benefit Application
( room and board) should equal to or around $36,000 annually.
(Figure procured from average CA student room and board costs in 2020 from Cal State website)
That his expulsion from his paralegal studies caused by the pandemic and travel ban issued by Govoner Newsom
regarding health concerns would be w/o a doubt working in that profession under an Attorney or firm todayi. And prays
for the court to award a further review before the final benefit amount if awarded.
That since.his termination Mar 2020 the Appellant has in fact suffered undue
hardship in the following area's
medical bills, past due rent as well as small loans granted by friends and family need to be paid and Appellants education
furthered to re enter the workforce in the profession the Appellant was studying pre pandemic.
That the Appellant can prove beyond a reasonable doubt that the UI intentionally has caused this delay. That record
received by the Appellant notifying him of the above.mentioned hearing has acted with malicious behavior and has
acted in such a manner as to warrant his request.
That the claim again be backdated to Mar 2020 when the Appellant was unable to return home. through and/or
exceeding the date UI received the Appellant's claim for benefits. Not the date beginning Aug 2021 as the claim
continues to reflect.
That the Court remind the Ut! that they are here to serve the public not there to rob the public. That the public trusts
.their public servants the Ul Deparrment. Yet actions such as these bring that public trust to question in a negative way.
The funds that U! distribute are not their own to make decisions based on speculation and feelings and then have the
audacity to call it factual when their findings contradicts the facts all together! (Fraud called fact)
Not to put claims on tow priority and delaying the claimant but to address in the order they are received. (Discrimination
and bias)
That when a possible fraud investigation is started that it is expedited to save the public funds.not drag it out it out until
the last possible date!
(Purposeful delay in claim being processed causing undue hardship)
The U! had two physical addresses given by the Appellant a mailing and a physical.address. the Appellent asks for
excused neglect of the misprinted mailing address. Appellant being under duress at that time after losing his job and
residence and had filled out his application in his vehicle typing on his phone. And forgive this error for it did not cause
1
we
Case 2:23-cv-0304@N-cSk Document1_ Filed 12923 Page 246 of 366
this delay. But that UI had failed to noury the Appellant of this error and in fact hau a second address to Mail any
paperwork that had been returned. As well as a phone number to call the Appellant and finally The Appellant's attempts
at contacting the Ui were ignored. The U! having the options and yet doing nothing to resolve their speculation are the
real cause of this claim.
Ui showing no envelopes with any postage stamped dates to verify their returned letters only alleged contents. where
letters containing dates may of been altered! One letter of determination not even having a header or footer with the
Ul letter head not being present at all and anybody not working for the UI could have typed up and submitted?
The Appellant can and will bring up further issues in his defense at the upcoming hearing to be held on the 23rd day of
March 2022 at ipm if required. And reserves the. right to be heard concerning possible illegal activity being practiced by
the UA department if needs be.
The above response to the record received on the 10th day of March 2022
Submitted to the LA appeals office e-mail address this 13th day of March 2022
By Lance Delon Alvarado
Pro Se
Case 2:23-cv-0304} N-CSK Document1_ Filed 12/23 Page 247 of 366
2
From:
Sent:
To:
Subject:
Aug 30th 2021
R20210830U001050
Nov 10th 2021
R20211110U004517
Jan 13th 2022
R202201 17005425
Lance Alvarado <delonlalvarado@gmail.com>
Monday, June 13, 2022 12:56 PM
CUIAB Los Angeles Info
To Faith Mitchell for upcoming hearing to be held 06/23/22 @ ipm case numbers
7172770, 7172771. Confirmation numbers of ID documents sent by Appellant prior to
Ul deadlines
. _ FO Case Report
LOS ANGELES OFFICE OF APPEALS
Case #:, + | 7172770 Status: Opened Program Code: 50
Multi Case Name:
Appellant: Claimant Appeal Date: 1/20/2022
Claimant: LANCE D ALVARADO Cimt Rep:
5719 MAYO CT
SUN VALLEY NV 89433 7036
Phone: (775) 399-0045 Call collect Phone:
SSN:
Employer: Emp Rep:
Phone: Phone:
Account No: CHO: 0250
AAO/ACO:
Subpoenas: 0
Suspense Date: Board Appeal:
Decision Mailed:
Issue(s): 2102(a)(3)(A)Cii)
Split Cases: 7172770, 7172771
Calendar Notes: :
2/7 SUPP | 3/8 supp | 5/12 SUPP | EDD DECL | edd dect.
Hearing - Date Location Room = ALI Outcome
06/23/2022 1:00 PM 378 - Los Angeles Phones MITCH Mitchell, FaithI. None
Report Run Date - 6/13/2022 2:49:49 PM, Server: RC-SQLO5 Database: eCATS
Case 2:23-cv-03041@.N-CSK Document1 Filed 12423 Page 249 of 36]
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-33-20
WHEREAS on March 4, 2020, | proclaimed a State of Emergency to exist in
California as a result of the threat of COVID-19; and
WHEREAS in a short period of time, COVID-19 has rapidly spread
throughout California, necessitating updated and more stringent guidance from
federal, state, and locai public health officials; and
WHEREAS for ihe preservation of public health and safety throughout the
entire State of California, | find it necessary for all Californians to heed the Siate
public health directives from the Department of Public Health.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes of the State of California, and in particular, Government Code sections
8567, 8627, and 8645 do hereby issue the following Order to become effective
immediately:
ITS HEREBY ORDERED THAT:
1) To preserve the public health and safety, and to ensure the healthcare
delivery system is capable of serving all, and prioritizing those at the
highest risk and vulnerability, all residents are directed to immediately
heed the current State public heatth directives, which | ordered the
Department of Public Health to develop for the current statewide
status of COVID-19. Those directives are consistent with the March 19,
2020, Memorandum on Identification of Essential Critical Infrastructure
Workers During COVID-19 Response, found at: https://covidi?.ca.gov/.
Those directives follow:
ORDER OF THE STATE PUBLIC HEALTH OFFICER
March 19, 2020
To protect public health, | as State Public Health Officer and Director
of the California Department of Public Health order all individuals living
in the State of California to stay home or at their place of residence
except as needed to maintain continuity of operations of the federal
critical infrastructure sectors, as outlined at
lg. in addition, and in consultation with the Director of the Governor's
Office of Emergency Services, | may designate additional sectors as
critical in order to protect the health and well-being of all Californians.
Pursuant to the authority under the Health and Safety Code 120125,
120140, 131080, 120130(c), 120135, 120145, 120175 and 120150, this
order is to go into effect immediately and shall stay in effect until
further notice.
The federal government has identified 16 critical infrastructure sectors
whose asses, systems, and networks, whether physical or virtual, are
considered so vital to the United States that their incapacitation or
Case 2:23-cv-0304N-CSK Document Filed 12/23 Page 250 of 3
destruction would have a debilitating effeci on security, economic
security, public health or safety, or any combination thereof, | order
that Californians working in these 16 critical infrastructure sectors may
continue their work because of the importance of these sectors to
Californians’ health and well-being.
This Order is being issued to protect the public health of Californians.
The California Department of Public Health looks to establish
consistency across the state in order to ensure that we mitigate the
impact of COVID-19. Our goal is simple, we wani to bend the curve,
and disrupi the spread of the virus.
The supply chain must continue, and Californians must have access fo
such necessities as food, prescriptions, and health care. When people
need to leave their homes or places of residence, whether to obtain
or perform the functions above, or to otherwise facilitate authorized
necessary activities, they should at all times practice social distancing.
2) The healthcare delivery system shall prioritize services to serving those
who are the sickest and shall prioritize resources, including personal
protective equipment, for the providers providing direct care to them.
3} The Office of Emergency Services is directed fo take necessary steps to
ensure compliance with this Order.
4) This Order shall be enforceable pursuant to California law, including,
but not limited to, Government Code section 8665.
IT 1S FURTHER ORDERED that as soon as hereafter possible, this Order be
fied in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
subsiantive or procedural, enforceable at law or in equity, against the State of
_ California, its agencies, departments, entities, officers, employees. or any other
person.
IN WITNESS WHEREOF | have
hereynto set my hand and caused
Mareh 2020.
Me NEWSOM
© governor of California
ALEX PADILLA
Secretary of State
56
destruction would have a debilitating effeci on security, economic
security, public healtih or safety, or any combination thereof. | order
that Californians working in these 16 crifical infrastructure sectors may
continue their work because of the importance of these sectors to
Californians’ health and well-being.
This Order is being issued to proiect the public health of Califomians.
The California Department of Public Heaith looks to establish
consistency across the siate in order to ensure that we mitigate the
impact of COVID-19. Our goal is simple, we want to bend the curve,
and disrupt the spread of the virus.
The supply chain must continue, and Californians must have access to
such necessities as food, prescriptions, and health care. When people
need fo leave their homes or places of residence, whether to obtain
or perform the functions above, or to otherwise facilitate authorized
necessary activities, they should af all times practice social distancing.
2) The healthcare delivery system shall prioritize services to serving those
who are the sickest and shall prioritize resources, including personal
protective equipment, for the providers providing direct care to them.
3) The Office of Emergency Services is directed fo take necessary sieps to
ensure compliance with this Order.
4) This Order shall be enforceable pursuant to California law, including,
but not limited to, Government Code section 8645.
IT (S FURTHER ORDERED that as soon as hereafter passible, this Order be
filled in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
subsiantive or procedural, enforceable at law or in equity, against the State of
_ California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESS WHEREOF | have
hereynto set my hand and caused
/
aa of California
ATTEST:
ALEX PADILLA
Secretary of State .
STATE OF CALIFORNIA
EMPLOYMENT DEVELOPMENT DEPARTMENT
800 Capitol Mall
Sacramento, CA 95814
BEFORE THE CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD
LOS ANGELES OFFICE OF APPEALS
In the Matter of: DECLARATION
IN LIEU OF
Lance D Alvarado, APPEARANCE OF
RESPONDENT,
Petitioner EMPLOYMENT
DEVELOPMENT
CUIAB Case No(s). 7172771 DEPARTMENT
1, ThanhV Huynh, declare as follows:
1.
! am authorized to submit this declaration on behalf of Employment Development
Department (EDD) in lieu of appearance of the above appeal pursuant to section
5061 of Title 22 of the Califomia Code of Regulations (CCR).
| am employed by the EDD as an Appeals Representative within the
Unemployment Insurance Branch. My duties include reviewing, processing, and
transmitting appeals. | am competent in the administration and application of the
Unemployment Insurance (UI) program.
1 make this declaration based on my own personal knowledge, having reviewed
the records, to the best of my knowledge, prepared or compiled by staff at EDD,
in the ordinary course of business, at or near the time of the acts, conditions or
events recorded, except where stated on information and belief, and if called to
testify on these matters, | could do so competently.
Case 2:23-cv-03041@N-CSK Document1 Filed 12/43 Page 253 of 366
4, On, September 3, 2021, EDD issued a determination of eligibility finding the
Petitioner disqualified from receiving benefits under California Unemployment
Insurance Code section 1253(a) for failing to provide sufficient information to
establish their identity.
5. Upon information included in EDD’s records, the following issue(s) prevented the
EDD from being able to verify the petitioner's identity and process their claim in
accordance with authorized regulations: |
The evidence indicates the claimant submitted altered or fraudulent documents.
The evidence indicates information provided at claim filing does not match
information provided to verify the claimant is the true owner.
The evidence indicates information provided at claim filing is suspicious and an
indicator of potential fraud.
Based on this, | believe the determination disqualifying the Petitioner from
unemployment insurance benefits should be affirmed.
6. Attached as Exhibit A is a true and correct copy of ID status remains [D not
_ confirmed ( Unacceptable birth certificate).
! declare under penalty of perjury under the laws of California that the foregoing is true
and correct. Executed this 7th day of June, 2022, at Sacramento, California.
ThanhV Huynh —
Appeals Representative
esGase 2:23-cv-0304149N-CSK —Document1 Filed 12/3 Page 255 of 366
NOTICE OF HEARING
. Case No. 7172770 (PUA) | HEARING TIME and PLACE _ :
me, ' DATE: Thursday, June 23, 2022
LANCE D ALVARADO TIME: 1:00 PM (California Time)
Claimant-Appellant
Claimant: Appear by Phone - Call Toll Free :
1-(866) 549-7022
EDD: Appear by Phone - Call Toll Free
1-(866) 549-7022
EDD: 0250
‘PLACE: TELEPHONE HEARING
CALL THE NUMBER ABOVE 15 MINUTES !
BEFORE THE TIME SPECIFIED.
* — Any additional documents must be received by the Office of Appeals at the address shown on
the attached page by 06/13/2022. If you miss this deadline, the judge may exclude your
documents.
* If an interpreter or reasonable accommodation for a disability is needed, call the phone number
below immediately. Si necesita un intérprete lame el numero de telefono abajo
inmediatamente.
* If you are appearing in person, bring all witnesses necessary to support your case. Arrive 15
minutes early to review the appeal file.
* — if you are appearing by phone and have witnesses, contact the Office of Appeals for instructions.
* — The hearing room is in a secured facility. You may be screened.
‘ * IMPORTANT: Read the enclosed ‘Hearing Information’ pamphlet.
THE FOLLOWING ISSUES WILL BE CONSIDERED AT THE HEARING (Section references are to the
Unemployment Insurance Code unless otherwise noted):
2102(a)(3)(ANiN) CARES Act (Public Law 116-136) Is the claimant unemployed, partially unemployed,
or unable to or unavailable for work as a direct result of at least one of the Covid-19
criteria specified in federal law.
irec ti
LOS ANGELES OFFICE OF APPEALS
Telephone: (213) 897-5267
Fax: (213) 897-6972 5° Date Mailed: 06/06/2022
/
=e peSase 2:23-cv- 03041-@\-csk - Document1 Filed 12/3 © Page 257 of 366
. - INSURANCE APPrtaLS BOARD __ Administrative Law Judge _
NOTICE OF HEARING
‘Case No. 7172771 (PUA) HEARING TIME and PLACE
: _ DATE: Thursday, June 23, 2022
LANCE D ALVARADO - TIME: — 1:00 PM (California Time)
Claimant-Appellant
- Claimant: Appear by Phone - Call Toll Free
. EDD: Appear by Phone - Cail Toll Free
EDD: 0250 ~— ‘
’ PLACE: TELEPHONE HEARING
' CA
CALL THE NUMBER ABOVE 15 MINUTES
; BEFORE THE TIME SPECIFIED.
* Any additional documents must be received by the Office of Appeals at the address shown on
the attached page by 06/13/2022. If you miss this deadline, the judge may exclude your
documents.
* If an interpreter or reasonable accommodation for a disability is needed, call the phone number
below immediately. Si necesita un intérprete ilame el numero de telefono abajo
inmediatamente.
* _ If you are appearing in person, bring all witnesses necessary to support your case. Arrive 15
minutes early to review the appeal file.
* If you are appearing by phone and have witnesses, contact the Office of Appeals for instructions.
* The hearing room is in a secured facility. You may be screened.
* IMPORTANT: Read the enclosed ‘Hearing Information’ pamphlet.
THE FOLLOWING ISSUES WILL BE CONSIDERED AT THE HEARING (Section references are to the
Unemployment Insurance Code unless otherwise noted):
1253(a) Does the claim for benefits comply with regulations.
LATE 1 Was the appeal timely filed. If not, is there good cause for any delay (UI sections
1030(c), 1328, 1377, 2707.2, 2737, 2707.4)
Dir ions to:
LOS ANGELES OFFICE OF APPEALS
Telephone: (213) 897-5267
Fax: -. (213) 897-6972 Date Mailed: 06/06/2022
4
» + Case 2:23-cv-0304@§9LN-CSK Document1 Filed 1@P/23 Page 260 of 366
wa". Employment
ED Development
Department
State of California
Did the claimant provide an acceptable form of DOB verification? [7 Yes (1 No--DE 4365RID Suspense Date:
8. DE 1326ER/DE 1326E INFORMATION
A. DE 1326ER mailed to employer on
Did the employer provide a current address for the individual/employee that is different from the claimant's address in
Department records? [Yes (CINo
8B. DE 1326E sent based on a telephone call or correspondence from another individual claiming to own the identity 1 Yes 0
No
9. ADDITIONAL FACTS:
10. SUMMARY OF MATERIAL FACTS AND REASONING:
The Department received information that the identity used to file this claim may not belong to the claimant filing the claim. The
claimant was mailed written notices, the DE 1326C and DE 1326CD on 08/24/21, requesting identity verification information.
The claimant's last employer and base period employer(s) were also mailed a written notice, the DE 1326ER on '
requesting identity verification information regarding the claimant.
Evidence indicates:
D. & Requested Identity Documents Not Provided
The claimant did not provide some or all of the requested documents to verify his/her identity as required by CCR, Title
22, Section 1326-3. The Department was unable to verify that the claimant owns the identity under which the claim was
filed.
x 14, LEGAL RESULTS
IRR Disqualification Reason for Decisions
C. BJ Available information indicates the claimant failed to provide the requested documents required to verify his/her identity
as required under CCR, Title 22, Section 1326-3. The Department is unable to verify the claimant's identity, therefore,
the claimant is determined to be ineligible for UI benefits under Section 1253a of the Ul Code effective 08/22/21.
Under Section 1253A of the U! Code claimant is DJIRR Eligible (IRR Disqualified; RD MI5D1, Gl
Decision made on date: 02/04/22 attime: 14:32. LNG
; : Department Representative
DE 2403/RR-ID Rev. 4 (06-20) : Page 2 of 2 wp
PAGE 1 OF 5
EMPLOYMENT DEVELOPMENT DEPT
UI CENTER OAKLAND
PO BOX 2044
OAKLAND CA 94604-2044
NOTICE OF DETERMINATION
DATE MAILED 09/03/21
BENEFIT YEAR BEGAN 08/22/21
L D ALVARADO 8530 EDD TELEPHONE NUMBERS:
541 MAYO ENGLISH 1-800-300-5616
SUN VALLEY NV 89433- SPANISH 1-800-326-8937
CANTONESE 1-800-547-3506
MANDARIN 1-866-303-0706
VIETNAMESE 1-800-547-2058
TTY 1-800-815-9387
FOR OFFICE USE ONLY 003329985376
‘ Case 2:23-cv-03041@N-CSK Document1 Filed 1213 Page 262 of 366
PAGE 2 OF 5
YOU ARE NOT ELIGIBLE TO RECEIVE BENEFITS UNDER CALIFORNIA UNEMPLOYMENT
INSURANCE CODE SECTION 1253A BEGINNING 08/22/21 AND ENDING WHEN THE
DISQUALIFYING CONDITIONS NO LONGER EXIST, AND YOU CONTACT THE ABOVE OFFICE
TO REOPEN YOUR CLAIM.
THE PHOTO IDENTIFICATION YOU SUBMITTED IS NOT ONE OF THE ACCEPTABLE
IDENTITY VERIFICATION DOCUMENTS REQUESTED BY THE DEPARTMENT TO CONFIRM YOUR
IDENTITY AS REQUIRED BY REGULATIONS. UNTIL A COPY OF A GOVERNMENT ISSUED
PHOTO IDENTIFICATION WHICH CONTAINS YOUR PHOTOGRAPH, FIRST AND LAST NAME,
AND DATE OF BIRTH IS RECEIVED, THE DEPARTMENT FINDS THAT YOU DO NOT MEET
THE LEGAL REQUIREMENTS FOR PAYMENT OF BENEFITS. SECTION 1253A PROVIDES -
AN INDIVIDUAL IS ELIGIBLE FOR BENEFITS IN A WEEK ONLY IF THE DEPARTMENT
FINDS HE FILED A CLAIM ACCORDING TO REGULATIONS.
YOU ARE NOT ELIGIBLE TO RECEIVE BENEFITS UNDER CALIFORNIA UNEMPLOYMENT
INSURANCE CODE SECTION 1253A BEGINNING 08/22/21 AND ENDING WHEN THE
DISQUALIFYING CONDITIONS NO LONGER EXIST, AND YOU CONTACT THE ABOVE OFFICE
TO REOPEN YOUR CLAIM.
YOU FAILED TO SUBMIT AN ADDITIONAL IDENTITY VERIFICATION DOCUMENT TO
CONFIRM YOUR IDENTITY AS REQUIRED BY REGULATIONS. UNTIL A COPY OF ONE
ADDITIONAL IDENTITY VERIFICATION DOCUMENT WHICH CONTAINS EITHER YOUR
EMPLOYMENT DATA VERIFICATION, ADDRESS VERIFICATION, SOCIAL SECURITY NUMBER
-. «Case 2:23-cv-0304@.N-CSK Document1_ Filed 12@23 Page 263 of 366
PAGE 3 OF 5
VERIFICATION, OR DATE OF BIRTH VERIFICATION IS RECEIVED, THE DEPARTMENT
FINDS THAT YOU DO NOT MEET THE LEGAL REQUIREMENTS FOR PAYMENT OF BENEFITS.
SECTION 1253A PROVIDES - AN INDIVIDUAL IS ELIGIBLE FOR BENEFITS IN A WEEK
ONLY IF THE DEPARTMENT FINDS HE FILED A CLAIM ACCORDING TO REGULATIONS.
APPEAL:
YOU HAVE THE RIGHT TO FILE AN APPEAL IF YOU DO NOT AGREE WITH ALL OR PART
OF THIS DECISION.
TO APPEAL, YOU MUST DO ALL OF THE FOLLOWING:
A. COMPLETE THE ENCLOSED APPEAL FORM (DE 1000M) OR WRITE A LETTER STATING
THAT YOU WANT TO APPEAL THIS DECISION. IF YOU WRITE A LETTER TO APPEAL,
EXPLAIN THE REASON WHY YOU DO NOT AGREE WITH THE DEPARTMENT'S DECISION.
WRITE YOUR SOCIAL SECURITY NUMBER ON EACH DOCUMENT YOU SUBMIT TO THE
DEPARTMENT. (TITLE 22, CALIFORNIA CODE OF REGULATIONS (CCR), SECTION
5008).
B. MAIL THE DE 1000M OR YOUR LETTER TO THE ADDRESS OF THE OFFICE LISTED ON
THE FIRST PAGE OF THIS DECISION.
C. FILE YOUR APPEAL WITHIN SIXTY (60) DAYS OF THE MAIL DATE OF THIS
‘+ Case 2:23-cv-0304@p N-csK Document1_ Filed Te Page 264 of 366
PAGE 4 OF 5
NOTICE OR NO LATER THAN 11/02/21.
YOUR HANDBOOK, "A GUIDE TO BENEFITS AND EMPLOYMENT SERVICES," GIVES MORE
INFORMATION ABOUT APPEALS. IF YOU DO NOT HAVE A HANDBOOK, YOU CAN READ OR
ORDER THE HANDBOOK ONLINE BY VISITING THE DEPARTMENT'S WEBSITE AT
WWW.EDD.CA.GOV. TO ORDER A HANDBOOK, VISIT WWW.EDD.CA.GOV/FORMS, ENTER
PUBLICATION NUMBER "DE 1275A" IN THE FORM LOCATOR, AND FOLLOW THE ONLINE
INSTRUCTIONS.
APPEAL INFORMATION:
WHEN YOUR APPEAL IS RECEIVED, YOUR CASE WILL BE REVIEWED. IF THE DECISION
REMAINS THE SAME, WE WILL SEND YOUR APPEAL TO THE OFFICE OF APPEALS. IF YOU
APPEAL AFTER THE 60 DAYS, YOU MUST INCLUDE THE REASON FOR THE DELAY. THE
ADMINISTRATIVE LAW JUDGE WILL DETERMINE WHETHER YOU HAD GOOD CAUSE FOR THE
DELAY. IF THE ADMINISTRATIVE LAW JUDGE DETERMINES YOU DID NOT HAVE GOOD
CAUSE FOR SUBMITTING YOUR APPEAL LATE, YOUR APPEAL WILL BE DISMISSED.
THE OFFICE OF APPEALS WILL SEND YOU A LETTER WITH THE DATE, PLACE, AND TIME
OF YOUR HEARING AND A PAMPHLET EXPLAINING APPEAL HEARING PROCEDURES. AT
THE HEARING, THE ADMINISTRATIVE LAW JUDGE WILL LISTEN TO YOU, EXAMINE THE
FACTS, AND ISSUE A DECISION. YOU MAY HAVE A REPRESENTATIVE OR SOMEONE ELSE
HELP YOU DURING THE HEARING.
CH
++ = *Case 2:23-cv-03041@)N-CSK Document1 Filed 12423 Page 265 of 366
PAGE 5 OF 5
CONTINUING CERTIFICATION:
IF YOU ARE ELIGIBLE TO CONTINUE TO CERTIFY FOR BENEFITS WHILE YOU WAIT FOR
THE ADMINISTRATIVE LAW JUDGE'S DECISION, THE DEPARTMENT WILL ISSUE
CONTINUED CLAIM FORMS AND YOU MUST CONTINUE TO CERTIFY FOR BENEFITS ON
TIME. IN SOME CASES, YOU WILL NOT BE ABLE TO CERTIFY FOR BENEFITS UNTIL THE
ADMINISTRATIVE LAW JUDGE ISSUES A DECISION. IF THE ADMINISTRATIVE LAW JUDGE
DECIDES YOU ARE ELIGIBLE FOR BENEFITS, THE DEPARTMENT WILL ISSUE CONTINUED
CLAIM FORMS. BENEFITS CAN ONLY BE PAID FOR WEEKS THAT YOU HAVE CERTIFIED
FOR BENEFITS AND ARE OTHERWISE ELIGIBLE TO RECEIVE BENEFIT PAYMENTS.
OTHER SERVICES:
VISIT WWW.EDD.CA.GOV FOR INFORMATION ABOUT (1) JOB REFERRALS,
(2) DISABILITY INSURANCE, (3) OTHER EDD SERVICES (4) SERVICES OFFERED BY
OTHER AGENCIES.
DE1080 CZ REV. 2 (08-21) (SAM)
Case 2:23-cv-03044@N-CSK Document1 Filed 12@23 Page 275 of 366
Social Security Administration
Important Information .
SOCIAL SECURITY
1170 HARVARD WAY
- RENO NV 89502
3167 4 MG 0.447
“igi: LANCE DELON ALVARADO
6672 LUPUN
N/A
SUN VALLEY NV 89433-7419
hank you for using Social Security's online services. On August 13, 2021, you
successfully started the process of creating an online account with the Social
Security Administration. Please follow the steps below to finish setting up
your online account.
\
1. Visit our site at www.socialsecurity.gov/setup --
2. Review and accept the Terms of Service by selecting the check box at
' .. °+.the bottom of the page. my
3..- Enter the following information to confirm your identity:
@ Your 9-digit Social Security Number,
| Your.date of birth, and
e Your one-time Account Activation Code: This
Activation Code expires on October 12, 2041.
4. Choose either text message or email as the way you want to receive
-".° your security code. a
5. Retrieve the 8-digit security code that we sent to your selection in
step 4. Enter your security code on the Internet screen. This
. security code expires after 10 minutes and is good for only one use.
6. Follow the directions to create your username, password and
- oot ~Tpassword-ruset questions: If yuu chose’ email lo receive your secusity
code in step 4, we will not ask for it again.
7. Select Next.
You have successfully created an online account.
Each time you sign in to your online Social Security account at
www.socialsecurity.gov/myaccount we will send an 8-digit security code to
you. You will enter that 8-digit security code as part of your. sign in
process. This 8-digit security code is only valid for 10 minutes. If you do not
use it within 10 minutes, you must request another security code from the
website. If applicable, text messaging charges may apply depending on your
plan.
Please keep your information safe. Do not share your password with anyone.
See Next Page
| * Notary Cert Attached
Case 2:23-cv-03041@N-CSK Document 1 Filed 12/3 Page 276 of 366
ALVARADO - - | Page 2 of 3
Important Information
Your Activation code will expire on October 12, 2021. If the code expires or is
lost, the registration process will need to be completed again at ,
www.socialsecurity.gov/myaccount
If you did not request an online account with Social Security, please contact
us immediately at 1-800-772-1213 or visit your local Social Security office. If
you are deaf or hard of hearing, our toll-free TTY number is 1-800-325-0778.
Social Security may use an Identity Services Provider to help verify your
identity and protect your privacy when you register to do business with us
online. When we verify your account, our Identity Services Provider may use -
information from. your credit report to help confirm your identity. As a
result, you may see a "soft inquiry” entry with the Identity Services Provider
on your credit report. This entry shows that we made an inquiry at your
request, and the date of that request. This soft inquiry will not appear on a
credit report from any other provider.
Soft inquiries are not reported to lenders and do not. affect your credit score.
You do not incur any charges related to them. Soft.inquiries appear only on.
a credit. report issued to you and are generally removed from your credit ‘-
report within 12 months. St
Once you have registered for an online account, you will not create new soft
inquiries when you sign in to access our services. .
For more information about our Identity Services Provider, please visit
www.socialsecurity.gov/myaccount/verifyandprotectid.html online.
If You Have Questions
If you have questions, please:
e Visit our website at www.ssa.gov to find genera! information about
Socia] Security.
@ Call us toll-free at 800-772-1213. We can answer specific questions from
8 a.m. to 7 p.m., Monday through Friday. Generally, you will have a
._. shorter wait time if you call during the week after Tuesday. If you are
deaf or hard of hearing, you may call our TTY number, 800-325-0778.
You also may call your local office at 1-888-808-5481.
_@ Write or visit any Social Security office. If you plan to visit an office,
you may call ahead to make an appointment. The office that serves
your area is located at:
SOCIAL SECURITY
1170 HARVARD WAY
RENO NV 89502
¥Notang Cert Attached sp
Case 2:23-cv-030414@)N-CSK Document 1 Filed 12423 Page 277 of 366
ALVARADO Page 3 of 3
If you live outside the United States, please contact your nearest Federal
Benefits Unit (FBU). Visit www.ssa.gov/foreign/foreign.htm for a list of
FBUs. If you are in Canada, visit www.ssa.gov/foreign/canada.htm to find the
office that services your area. You may also write the Social Security
Administration at:
P.O. Box 17775
Baltimore, Maryland, 21235-7775 USA.
Please have this letter with you if you call or visit an office. If you write,
please include a copy of this letter. It will help us answer your questions.
Sacial Security Administration
Case 2:23-cv-03041@N-CSK Document1 Filed'12423_ Page 279 of 366
EMPLOYMENT DEVELOPMENT DEPT
UI CENTER OAKLAND
PO BOX 2044
OAKLAND CA 94604-2044
NOTICE OF DETERMINATION
DATE MAILED 09/03/21
BENEFIT YEAR BEGAN 08/22/21
LD ALVARADO 8530 ; EDD TELEPHONE NUMBERS:
541 MAYO ENGLISH 1-800-300-5616
SUN VALLEY _ NV 89433- SPANISH 1-800-326-8937
CANTONESE 1-800-547-3506
MANDARIN 1-866-303-0706
VIETNAMESE 1-800-547-2058
TTY 1-800-815-9387
POR OFFICE USE ONLY 024821649035
YOU ARE NOT ELIGIBLE TO RECEIVE BENEFITS UNDER CALIFORNIA UNEMPLOYMENT
INSURANCE CODE SECTION 1253A BEGINNING 08/22/21 AND ENDING WHEN THE
DISQUALIFYING CONDITIONS NO LONGER EXIST, AND YOU CONTACT THE ABOVE OFFICE
TO REOPEN YOUR CLAIM. . a
THE PHOTO IDENTIFICATION YOU SUBMITTED IS NOT ONE OF THE ACCEPTABLE
IDENTITY VERIFICATION DOCUMENTS REQUESTED BY THE DEPARTMENT TO CONFIRM YOUR
IDENTITY AS REQUIRED BY REGULATIONS.. UNTIL A COPY OF A GOVERNMENT ISSUED
PHOTO IDENTIFICATION WHICH CONTAINS YOUR PHOTOGRAPH, FIRST AND LAST NAME,
AND DATE OF BIRTH IS RECEIVED, THE DEPARTMENT FINDS THAT YOU DO NOT MEET
THE LEGAL REQUIREMENTS FOR PAYMENT OF BENEFITS. SECTION 1253A PROVIDES -
AN INDIVIDUAL IS ELIGIBLE FOR BENEFITS IN A WEEK ONLY IF THE DEPARTMENT
PINDS HE FILED. A CLAIM ACCORDING TO REGULATIONS.
YOU ARE NOT ELIGIBLE TO RECEIVE BENEFITS UNDER CALIFORNIA UNEMPLOYMENT
INSURANCE CODE SECTION 1253A BEGINNING 08/22/21 AND ENDING WHEN THE
DISQUALIFYING CONDITIONS NO LONGER EXIST, AND YOU CONTACT THE ABOVE OFFICE
TO REOPEN YOUR CLAIM.
YOU FAILED TO SUBMIT AN ADDITIONAL IDENTITY VERIFICATION DOCUMENT TO
CONFIRM YOUR IDENTITY AS REQUIRED BY REGULATIONS. UNTIL A COPY OF ONE
ADDITIONAL IDENTITY VERIFICATION DOCUMENT WHICH CONTAINS EITHER YOUR
EMPLOYMENT DATA VERIFICATION, ADDRESS VERIFICATION, SOCIAL SECURITY NUMBER
VERIFICATION, OR DATE OF BIRTH VERIFICATION IS RECEIVED, THE DEPARTMENT
FINDS THAT YOU DO NOT MEET THE LEGAL REQUIREMENTS FOR PAYMENT OF BENEFITS.
SECTION 1253A PROVIDES - AN INDIVIDUAL IS ELIGIBLE FOR BENEFITS IN A WEEK
ONLY IF THE DEPARTMENT FINDS HE. FILED A CLAIM ACCORDING TO REGULATIONS.
APPEAL:
YOU HAVE THE RIGHT TO FILE AN APPEAL IF YOU DO NOT AGREE WITH ALL OR PART
OF THIS DECISION.
TO APPEAL, YOU MUST DO ALL OF THE FOLLOWING:
Appeal Documents for LANCE-XXX-XX-
Case 2:23-cv-0304@LN-CSK Document1 Filed 12/23 Page 280 of 366
A. COMPLETE THE ENCLOSED APPEAL FORM (DE 1000M) OR WRITE A LETTER STATING
THAT YOU WANT TO APPEAL THIS DECISION. IF YOU WRITE A LETTER TO APPEAL,
EXPLAIN THE REASON WHY YOU DO NOT AGREE WITH THE DEPARTMENT'S DECISION.
WRITE YOUR SOCIAL SECURITY NUMBER ON EACH DOCUMENT YOU SUBMIT TO THE
DEPARTMENT. (TITLE 22, CALIFORNIA CODE OF REGULATIONS (CCR), SECTION
5008).
B. MAIL THE: DE 1000M OR YOUR LETTER TO THE ADDRESS OF THE: OFFICE LISTED ON
THE FIRST PAGE OF THIS DECISION.
C,. FILE YOUR APPEAL WITHIN SIXTY (60) DAYS OF THE MAIL DATE OF THIS
NOTICE OR NO LATER THAN 11/02/21. .
YOUR HANDBOOK, “A GUIDE TO BENEFITS AND EMPLOYMENT SERVICES," GIVES MORE
INFORMATION ABOUT APPEALS. IF YOU DO NOT HAVE A HANDBOOK, YOU CAN READ OR
ORDER THE HANDBOOK ONLINE BY VISITING THE DEPARTMENT'S WEBSITE AT
WWW.EDD.CA.GOV. TO ORDER A HANDBOOK, VISIT WWW.EDD.CA.GOV/FORMS, ENTER
PUBLICATION NUMBER "DE 1275A" IN THE FORM LOCATOR, AND FOLLOW THE ONLINE
INSTRUCTIONS .
APPEAL INFORMATION:
WHEN YOUR APPEAL IS RECEIVED, YOUR CASE WILL BE REVIEWED. IF THE DECISION
.REMAINS THE SAME, WE WILL SEND YOUR APPEAL TO THE OFFICE OF APPEALS. IF YOU
APPEAL AFTER THE 60 DAYS, YOU MUST INCLUDE THE REASON FOR THE DELAY. THE
‘ADMINISTRATIVE LAW JUDGE WILL DETERMINE WHETHER YOU HAD GOOD CAUSE FOR THE
DELAY.. IF THE ADMINISTRATIVE LAW JUDGE DETERMINES YOU DID NOT HAVE GOOD
CAUSE FOR SUBMITTING YOUR APPEAL LATE, YOUR APPEAL WILL BE DISMISSED.
THE OFFICE OF APPEALS WILL SEND YOU A LETTER WITH THE DATE, PLACE, AND TIME
“OF YOUR HEARING AND A PAMPHLET EXPLAINING APPEAL HEARING PROCEDURES. AT
THE HEARING, THE ADMINISTRATIVE LAW JUDGE WILL LISTEN TO YOU, EXAMINE THE
FACTS, AND ISSUE A DECISION. YOU MAY HAVE A REPRESENTATIVE OR SOMEONE ELSE
HELP YOU DURING THE HEARING.
CONTINUING CERTIFICATION:
IF YOU ARE ELIGIBLE TO CONTINUE TO CERTIFY FOR BENEFITS WHILE YOU WAIT FOR
JHE ADMINISTRATIVE LAW JUDGE'S DECISION, THE DEPARTMENT WILL ISSUE
CONTINUED CLAIM FORMS AND YOU MUST CONTINUE TO CERTIFY FOR BENEFITS ON
TIME. IN SOME CASES, YOU WILL NOT BE ABLE TO CERTIFY FOR BENEFITS UNTIL THE
ADMINISTRATIVE LAW JUDGE ISSUES A DECISION. IF THE ADMINISTRATIVE LAW JUDGE
DECIDES YOU ARE ELIGIBLE FOR BENEFITS, THE DEPARTMENT WILL ISSUE CONTINUED
CLAIM FORMS. BENEFITS CAN ONLY BE PAID FOR WEEKS THAT YOU HAVE CERTIFIED
FOR BENEFITS AND ARE OTHERWISE ELIGIBLE TO RECEIVE BENEFIT PAYMENTS.
OTHER SERVICES:
VISIT WWW.EDD.CA.GOV FOR INFORMATION ABOUT (1) JOB REFERRALS,
(2) DISABILITY INSURANCE, (3) OTHER EDD SERVICES (4) SERVICES OFFERED BY
OTHER AGENCIES.
DE1O80 CZ REV. 2 (08-21) (SAM)
Appeal Documents for LANCE-XXX-XX-
‘ Cape aiaaennd 204Q. n6SKenrBacument 1 Filed 123 pe 281 of 366
PO BOX 419132 {
RANCHO CORDOVA, CA 95741 EDD EDD Detelonment
Stateor of California
. - ENGLISH 1-800-300-5616
SPANISH 1-800-326-8937
A
pa Noet RADO CANTONESE 1-800-547-3506
an 7 MANDARIN 7 1-868-303-0706
ee TTY (NON-Voice) 1-800-815-9387
EDD INTERNET SITE: edd.ca.gov
Mail Date: 02/07/2022
Social Security No.: XXX-XX-
Notice of Determination for Pandemic Unemployment Assistance
You are receiving this notice because you applied for Pandemic Unemployment Assistance (PUA). This program
is available under the federal CARES Act of 2020 due to the COVID-19 public health emergency. °
You do not qualify for federal PUA benefits for the reason(s) listed below.
None of the Federally Approved COVID-19 Reasons Apply to You
You are not unemployed, partially unemployed, or unable of unavailable to work due to at least one of these COVID-19
reasons. Therefore, you do not meet the legal requirements for payment of PUA benefits beginning 08/22/2021 until
one of the COVID-19 reasons apply to you, and you contact us to reopen your claim. (Public Law 116-136 §
« You have been diagnosed with COVID-19 or are experiencing symptoms of COVID-19 and are seeking a
medical diagnosis.
+ Amember of your household has been diagnosed with ‘COVID-19.
* You are providing care for a family member of a member of your household who has been diagnosed with
COVID-19.
« A child or other person in the household for whom you have primary caregiving responsibility is unable to attend
school or another facility that is closed as a direct result of the COVID-19 public health emergency and the
school or facility care is required for you to work. ;
* You are unabie to reach the place of employment because of a quarantine imposed as a direct result of the
COVID~19 public health emergency.
* You are unable to reach your place of employment because you have been advised by a health care provider to
self-quarantine due to concems related to COVID-19.
* You were scheduled to start employment and do not have a job or are unable to reach the job as a direct result
of the COVID-18 public health emergency.
* You have become the breadwinner or major financial support for your household because the head of your
household has passed away as a direct result of COVID-19.
You had to quil your job as a direct result of COVID-19.
Your place of employment is closed as a direct result of COVID.19.
You-are self-employed and experienced a significant reduction of services because of COVID-19.
You were denied continued unemployment benefits because you refused to return to work or accept an offer of -
work at a worksite that, in. either instance, is not in compliance with local, state, or national health and safety
standards directly related to COVID-19. This includes but is not limited to, those related to facial mask wearing,
physical distancing measures, or the provision of personal protective equipment consistent with public health
guidelines.
* You provided services to an educational institution or educational service agency and are unemployed or partially
unemployed because of volatility in the work schedule that is directly caused by the COVID-19 public health
emergency, This includes, but is not limited to, changes in schedules and partial closures.
* You are an employee and your hours have been reduced or you were laid off as a direct result of the COVID-19 “
_ public health emergency..
DE 6598PUA-D Rev. 3 (9-21) (MACRO)
Case 2:23-cv-0304@.N-CSk Document1 Filed 12@/23 Page 282 of 366
+ cderal Law Authorizing the PUA Prugram
Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 [Public Law (PL) 116-136 Section 2102, as
amended by the Continued Assistance for Unemployed Workers Act of 2020 (PL 116-260) and the American Rescue
Plan Act of 2021 (PL 117-2)}, and Title 20 Code of Federal Regulations Part 625.
‘ Appeal Rights
If you disagree with this determination, you must appeal by 03/09/2022.
This determination is final unless appealed to an administrative law judge of the California Unemployment Insurance
Appeals Board within 30 days of the date this notice was mailed to you. (Unemployment Insurance Program Letter No.
16-20 Attachment | and California Unemployment Insurance Code §1328). Appeals should be sent to the address listed
on this notice. Appeal forms are available on our website at edd.ca.gov/pdf_pub_ctr/de1000m.pdf.
in your appeal, you must state the reasons why you do not agree with this determination. While an appeal is pending,
continue to certify for benefits each week. If the California Unemployment Insurance Appeals Board decides you are
eligible, you will only be paid for the weeks you certified for and met all eligibility requirements.
DE 8598PUA-D Rev. 3 (9-21) (MACRO)
o/
Case 2:23-cv-03041@N-cSK Document1_ Filed 1223 Page 284 of 366
LANCE D ALVARADO SSN:
429 RECALL SELECTION SCREEN
09:36:45
SSN: NAME LANCE D ALVARADO FO: 853
FOR BENEFIT YEAR BEGAN DATE: 08/22/21 : PROGRAM: U DUA
SEND RECOMP RECOMP REAS PRIOR PRIOR
HNBK DATE TIME OPR ID CODE LANG WBA MBA BYB. DATE PGM CD
N 08/22/21, 10:36:58 8533296 00 0 $167 $14362 08/22/21 U
SELECT AN AWARD BY PLACING A NON~BLANK CHARACTER IN COLUMN 1 OR BY
CHANGING LANG CODE IN THE LANG FIELD. SEND HANDBOOK Y=YES N=NO
429 RECALL
DATE: 08/22/21 FOR CLAIM EFFECTIVE DATE 08 22 21 FEMA #: 999999
SSN: _ NAME LANCE D ALVARADO FO:. 6853
XREF SSN: BP: SBP © MAX AWARD $14362 WEEKLY AWARD $167
EARNINGS/WAGES FOR THE QUARTER ENDING ACCT
NAME MAR 19~°*°. JUNE 19 SEPT 19 DEC 19 NUM
0.00 © °0.00 0.00 0.00 ADD ENTRY
TOTALS: 0.00. °.. 0.00 0.00 0.00 QUAL WAGE= 0.00
A .. an
MC-05/31/92-00545,
Macro version 8.0 Page 2 of 3
Case 2:23-cv-0304N-csk Document1_ Filed 1223 Page 285 of 366
LANCE D ALVARADO SSN:
ORIGINAL PRINT WAS ENGLISH - PFi1l TO CHANGE PRINT TO A DIFFERENT LANGUAGE
\
~
Macro version 8.0 Page 3 of 3
Case 2:23-cv-0304@LN-csk Document 1 . Filed 1222 Page 287 of 366
EDD
Employment
Development -
Department
State of California
Request for Identity Verification Documents
LANCE D ALVARADO ;
541 mAyYO
SUN VALLEY, NV, 89433
“ Required Field
‘Step 1: Confirm You Applied
* Did you apply for unemployment insurance benefits?
x Yes, | did apply for unemployment with the EDD. (Go to Step 2.)
No, | did not apply for unemployment with the EDD. (Go to Step 5.)
Step 2: Upload a Photo Identification Document
* Select photo identification document to upload.
State identification (ID) card
. Step 3: Upload Another Identity Document
* Select an identity document to upload.
tmportant: A Social Security card is not a valid document for meeting this requirement.
Birth certificate (with translation, if any)
G
Step 4: Upload Additional Identity Documents
Optional: Select up to three additional identity documents to upload.
utility bill or financial statement
G
Case 2:23-cv-03041 @N-cSk Document1 Filed 1271 Page 298 of 366
Certificate Of Completion
Envelope Id: ED6F65160802426A966848B510F 55464
Subject: Electronic DE 1326C for LANCE D ALVARADO
DocumentUploadRequestiD: 4891315
ClaimantiD: 16022839
Source Envelope:
Document Pages: 6
Certificate Pages:'4 °
AutoNav: Enabled
Envelopeild Stamping: Disabled .
Signatures: 1
Initials: 0
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
8/29/2021 2:30:26 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
LANCE D ALVARADO
Security Level:
EDD.CA.GOV.Password
1D: 8¢337e94-29f7~4/6c-a2b7-8f08f3a9908d
8/30/2021 10:04:16 AM’
Electronic Record and Signature Disclosure:
Accepted: 8/30/2021 10:05:11 AM
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Witness Events
Notary Events
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Payment Events
Holder: State of California, EOD
Pool: StateLocal
Pool: Employment Development Department
Signature
DocuSigned by:
Signature Adoption: Drawn on Device
Using IP Address: 172.58.35.94
Signed using mobile
Steps 2-4: Uptoad Documents (5f573a91)
Signature
Status ;
Status
Status
Status
Status
Signature
Signature
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Status
DocuSign
Status; Completed
Envelope Originator:
State of California, EDD
800 Capital Mall
Sacramento, CA 95814
UlODocuSign@edd.ca.gov
IP Address: 67.157.227.98 .
Location: DocuSign
Location: DocuSign
Timestamp
Sent: 8/29/2021 2:30:29 AM
Viewed: 8/30/2021 10:05:11 AM
Signed: 8/30/2021 10:16:06 AM
Expanded: 8/30/2021 10:05:40 AM
Timestamp. ;
Timestamp
Timestamp
Timestamp
Timestamp
; Timestamp
Timestamps
8/29/2021 2:30:29 AM
8/30/2021 10:05:11 AM
8/30/2021 10:16:06 AM
8/30/2021 10:16:06 AM
. Timestamps
Electronic Record and Signature Disclosure ted on: 8/27/2020 10:37:17 AM
Parties agredé BSEANGE- DB ALVARAGUH N-CSK Document1_ Filed 12423 Page 299 of 366
e-Consent Agreement
The Employment Development Department (EDD) requires your consent to receive certain
documents in an electronic format. With your consent, you will also be able to electronically sign
and authorize documents related to your application for Unemployment Insurance (UJ) benefits.
It is important that you understand your rights and responsibilities. Please review the following,
and if you agree with the e-Consent Agreement (agreement), follow the directions at the bottom
of this page to certify your consent.
Your Consent
If you consent to this agreement, you agree to receive and sign documents and other disclosures
electronically with the EDD and DocuSign, Inc. (DocuSign). If a document related to your claim
is not available in electronic format, a paper copy will be mailed to you. It is your responsibility
to ensure any items you sign or submit electronically are accurate and complete. Any incomplete
submissions may cause processing delays or a denial of benefits.
If you do not consent to this agreement, you will not be able to submit electronically signed
documents to the EDD and must use the provided paper copies related to your UI benefits claim.
Withdrawal of Your Consent
You have the right to withdraw your consent at any time.
To withdraw your consent:
1. Select Personal Profile from the main menu.
2. In the Personal Preferences section, select the Personal Preferences link.
3. Change your Correspondence Method to “Paper.”
You will not be required to pay a fee to receive paper copies of your UI benefits claim
documents.
System Requirements
In order to receive documents and other disclosures electronically, you must have a computer
with internet access. Additionally, it is your responsibility to ensure your computer meets the
minimum system requirements for DocuSign . These requirements may change over time, and it
is your responsibility to maintain the hardware and software requirements while your UI benefits
claim remains active or until you withdraw your consent to this agreement.
Obtaining Paper Copies
Case 2:23-cv-03041@N-CSK Document1 Filed 124923 Page 300 of 366
You can obtain a paper copy of any communication or document by printing it yourself or by
contacting the EDD . There is no fee for requesting paper copies of items, but processing times
may vary before paper copies are mailed to you. The EDD also maintains discretion to provide
you with paper copies of any documents related to your claim at any time.
Acknowledgement
By consenting to this agreement, you acknowledge that:
e You have read and understood the terms and conditions previously described.
e You intend to transact electronically with the EDD.
e You will maintain current contact information with the EDD while your UI benefits
claim remains active.
You should save or print a copy of this agreement for your records.
To consent to this agreement, go to the previous screen and select I agree to use electronic
records and signatures, then select Continue.
Case 2:23-cv-03044@.N-CSK Document1 Filed 12@23 Page 301 of 366
~~. Employment .
ED Development
Department
State of California
Request for Identity Verification Documents
LANCE D ALVARADO
$719 MAYO N/A
Sun Valley, NV, 89433
* Required Field
Step 1: Confirm You Applied
* Did you apply for unemployment insurance benefits?
x ‘Yes, I did apply for unemployment with the EDD. (Go to Step 2:)
No, | did not apply for unemployment with the EDD. (Go to Step S.)
Step 2: Upload a Photo Identification Document
* Select photo identification document to upload.
State identification (ID) card
P|
Step 3: Upload Another Identity Document
* Select an identity document to upload.
Important: A Social Security card is not a valid document for meeting this requirement.
Birth.certificate (with translation, if any)
Step 4: Upload Additional Identity Documents
Optional: Select up to three additional identity documents to upload.
Social Security statement (all pages)
Utility bill or financial statement
Case 2:23-cv-03041@N-CSK Document 1
Certificate Of Completion
Envelope id: 67E3B7E319F7453480AD22E2A5799283
Subject: Electronic DE 1326C for LANCE D ALVARADO
DocumentUploadRequestID: 5117320
ClaimantiO: 16022839
Source Envelope:
Document Pages: 8:
Certificate Pages: 4
AutoNav: Enabled
Envelopeid Stamping: Disabled
Signatures: 1
Initials: 0
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
11/1/2021 1:45:26 PM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
LANCE D ALVARADO
Security Level:
EDD.CA.GOV.Password
10: 217d5ae3-a891 -4e62-8f12-1104caa74826
11/10/2021 4:27:06 PM
Electronic Record and Signature Disclosure:
Accepted: 8/30/2021 10:05:11 AM
Sections:
in Person Signer Events
Editor Delivery Events
Agent Delivery Events
intermediary Delivery Events
. Certified Delivery Events _
Carbon Copy Events
Witness Events
Notary Events
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Payment Events
Holder: State of California, EDD
UlODocuSign@edd.ca.gov
Pool: StateLocal
Pool: Employment Development Department
Signature
DocuSigned dy:
Signature Adoption: Drawn on Device
Using IP Address: 71.94.24.79
Signed using mobile
Steps 2-4: Upload Documents (0d084db1)
Signature
Status
Status
Status
Status
Status
Signature
Signature
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Status
Filed 12423 Page 314 of 366
DocuSign
Status: Completed
Envelope Originator:
State of California, EDD
800 Capital Mall
Sacramento, CA 95814
UlODocuSign@edd.ca.gov
IP Address: 67.157.227.98
Location: DocuSign
Location: DocuSign
Timestamp
Sent: 11/1/2021 1:45:36 PM
Viewed: 11/10/2021 4:27:51 PM
Signed: 11/10/2021 4:43:03 PM
Expanded: 11/10/2021 4:29:45 PM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamps
11/1/2021 1:45:36 PM
11/10/2021 4:27:51 PM
11/10/2021 4:43:03 PM
14/10/2021 4:43:03 PM
Timestamps
Electronic Record and Signature Disclosure ted on: 8/27/2020 10: 37: 17 AM
Parles agree SANEAAOMOBO4EEPLN-CSK Document1 Filed 120@/23 Page 316 of 366
e-Consent Agreement
The Employment Development Department (EDD) requires your consent to receive certain
documents in an electronic format. With your consent, you will also be able to electronically sign
and authorize documents related to your application for Unemployment Insurance (UI) benefits.
It is important that you understand your rights and responsibilities. Please review the following,
and if you agree with the e-Consent Agreement (agreement), follow the directions at the bottom
of this page to certify your consent.
Your Consent
If you consent to this agreement, you agree to receive and sign documents and other disclosures
electronically with the EDD and DocuSign, Inc. (DocuSign). If a document related to your claim
is not available in electronic format, a paper copy will be mailed to you. It is your responsibility
to ensure any items you sign or submit electronically are accurate and complete. Any incomplete
submissions may cause processing delays or a denial of benefits.
If you do not consent to this agreement, you will not be able to submit electronically signed
documents to the EDD and must use the provided paper copies related to your UI benefits claim.
Withdrawal of Your Consent.
You have the right to withdraw your consent at any time.
To withdraw your consent:
1. Select Personal Profile from the main menu.
2. Inthe Personal Preferences section, select the Personal Preferences link.
3. Change your Correspondence Method to “Paper.”
You will not be required to pay a fee to receive paper copies of your UI benefits claim
documents.
System Requirements
In order to receive documents and other disclosures electronically, you must have a computer
with internet access. Additionally, it is your responsibility to ensure your computer meets the
minimum system requirements for DocuSign . These requirements may change over time, and it
is your responsibility to maintain the hardware and software requitements while your UI benefits
claim remains active or until you withdraw your consent to this agreement.
Obtaining Paper Copies
Y?
Case 2:23-cv-03041@N-CSK Document1 Filed 12423 Page 317 of 366
You can obtain a paper copy of any communication or document by printing it yourself or by
contacting the EDD . There is no fee for requesting paper copies of items, but processing times
may vary before paper copies are mailed to you. The EDD also maintains discretion to provide
you with paper copies of any documents related to your claim at any time.
Acknowledgement
By consenting to this agreement, you acknowledge that:
e You have read and understood the terms and conditions previously described.
e You intend to transact electronically with the EDD.
¢ You will maintain current contact information with the EDD while your UI benefits
claim remains active.
You should save or print a copy of this agreement for your records.
To consent to this agreement, go to the previous screen and select I agree to use electronic
records and signatures, then select Continue.
Case 2:23-cv-03041@N-csk Document1_ Filed 12/2 Page 318 of 366
Employment
D, Development
Department
State of California
Request for Identity Verification Documents
LANCE D ALVARADO
5719 Mayo Ct
Sun valley, NV, 89433 7036
* Required Field
Step 1: Confirm You Applied
* Did you apply for unemployment insurance benefits?
x Yes, ! did-apply for unemployment with the EDD. (Go to Step 2.)
No, | did not apply for unemployment with the EDD. (Go to Step 5.)
Step 2: Upload a Photo Identification Document
* Select photo identification document to upload.
State identification (ID) card
Step 3: Upload Another Identity Document
* Select an identity document to upload.
important: A Social Security card is not a valid document for meeting this requirement.
Birth certificate (with translation, if any)
G
Step 4: Upload Additional Identity Documents
Optional: Select up to three additional identity documents to upload.
Social Security statement (all pages)
Certificate Of Completion
Envelope Id: 07124786010F4636B40408C 7AD698CD3
Subject: Electronic DE 1326C for LANCE D ALVARADO
DocumentUploadRequestiD: 6788855
ClaimantiD: 16022839
Source Envelope:
Document Pages: 6
Certificate Pages: 4
AutoNav: Enabled
Envelopeld Stamping: Disabled
Signatures: 1
Initials: 0
Time Zone: (UTC-08:00) Pacific Time (US & Canada) ‘
Record Tracking
Status: Original
1/13/2022 11:30:25 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
LANCE D ALVARADO
Security Level:
EDD.CA.GOV.Password
ID: f8B0605fd-3025-4¢ 10-a437-51 0414186443
1117/2022 1:29:49 AM
Electronic Record and Signature Disclosure:
Accepted: 8/30/2021 10:05:11 AM
ID: 21222d06-f734-4c4f-b4 13-86be0452b85d
Sections:
in Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Witness Events _
Notary Events
Envelope Summary Events
Envelope Sent ._
Certified Delivered
Signing Complete
Completed
Payment Events
Holder: State of California, EDD
UlODocuSign@edd.ca.gov
Pool: StateLocal
Pool: Employment Development Department
Signature
DocuSigned by:
(2--—
Signature Adoption: Drawn on Device
Using IP Address: 71.94.24.79
Signed using mobile
Steps 2 — 4: Upload Documents (370e61d0)
. Signature
Status
Status
Status
Status
Status
Signature
: Signature
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Status
Page 328 of 366
DocuSign
Envelope Originator:
State of Calfornia, EDD
800 Capital Mall
Sacramento, CA 95814
UlODocuSign@edd.ca.gov
IP Address: 67.157.227.98
|
t
Location: DocuSign
Location: DocuSign
Timestamp
Sent: 1/13/2022 11:30:28 AM
Viewed: 1/1 7/2022 1:30:12 AM
Signed: 1/17/2022 8:48:22 PM
Expanded: 1/17/2022 1:30:47 AM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
t .
Timestamps
11312022 11:30:28 AM
11 712022 1:30:12 AM
111 712022 8:48:22 PM
1/17/2022 8:48:22 PM
Timestamps
4
Electronic Record and Signature Disclosure gagated on: 8/27/2020 10:37:17 AM
Parties agreeLia SENZEARIOMAABO4 N-CSK Document1 Filed 1A 23 Page 330 of 366
e-Consent Agreement
The Employment Development Department (EDD) requires your consentjto receive certain
documents in an electronic format. With your consent, you will also be able to electronically sign
and authorize documents related to your application for Unemployment Insurance (UI) benefits.
It is important that you understand your rights and responsibilities. Please|review the following,
and if you agree with the e-Consent Agreement (agreement), follow the directions at the bottom
of this page to certify your consent. |
Your Consent
If you consent to this agreement, you agree to receive and sign documentsjand other disclosures
electronically with the EDD and DocuSign, Inc. (DocuSign). If a document related to your claim
is not available in electronic format, a paper copy will be mailed to you. It-is your responsibility
to ensure any items you sign or submit electronically are accurate and complete. Any incomplete
submissions may cause processing delays or a denial of benefits. - a
If you do not consent to this agreement, you will not be able to submit electronically signed
documents to the EDD and must use the provided paper copies related to your UI benefits claim.
Withdrawal of Your Consent
You have the right to withdraw your consent at any time. .
To withdraw your consent:
1. Select Personal Profile from the main menu.
‘2. In the Personal Preferences section, select the Personal Preferences|link.
3. Change your Correspondence Method to “Paper.”
You will not be required to pay a fee to receive paper copies of your UI benefits claim
documents.
System Requirements
In order to receive documents and other disclosures electronically, you must have a computer
with internet access. Additionally, it is your responsibility to ensure your computer meets the
minimum system requirements for DocuSign . These requirements may change over time, and it
is your responsibility to maintain the hardware and software requirements While your UI benefits
claim remains active or until you withdraw your consent to this agreement.
Obtaining Paper Copies
Case 2:23-cv-03041@N-CSK Document1_ Filed 12423 ; Page 331 of 366
You can obtain a paper copy of any communication or document by printing it yourself or by
contacting the EDD . There is no fee for requesting paper copies of i items, but processing times
may vary before paper copies are mailed to you. The EDD also maintains discretion to provide
you with paper copies of any documents related to your claim at any time,
Acknowledgement
By consenting to this agreement, you acknowledge that:
{
e You have read and understood the terms and conditions previously described.
¢ You intend to transact electronically with the EDD.
e You will maintain current contact information with the EDD while your UI benefits
claim remains active.
You should save or print a copy of this agreement for your records.
To consent to this agreement, go to the previous screen and select I agree to use electronic
records and signatures, then select Continue. ‘
4
EDD
State of California
Case 2: -23- -cv-0304
Employ
Department
21230U1010004011
additional information and/or documentation.
APPLICATION QUESTIONS
The answers you give to the questions on this application must be true and correct. You may t
false statement or withhold information.
L101T01
UNEMPLOYMENT INSURANCE APPLICATION
FILING INSTRUCTIONS
Complete this application including any applicable attachment(s). Print or type the information. Use blue or black ink only.
Answer all questions on each page. Review your application thoroughly for completeness. An incomplete application may delay
or prevent the filing of your claim, or cause benefits to be denied. if the Employment Develop
verify any of the Information you provide while filing a claim, you will receive additional forms by rail and will be asked to provide
rhent Department (EDD) needs to
e subject to penalties if you make a
1.
Did you work in a state other than California during the
fast 18 months?
AND /OR
Did you work i in Canada duting the last 18 months?
1. Fie [EXINo - If yes, check the ap
[_]state(s) Outside California, speci
plicable box(es) below:
fy state(s):
What is your Social Security number as given to you
by the Social Security Administration?
if the EDD assigned you an EDD Client Number
(ECN), please provide the ECN here. (An ECN is a
9-digit number beginning with 999 or 990.)
a)
2.
2A. List any other Social Security numbers you have used.
a
What is your full name?
3. Last Alvarado
3. ;
First Lance
4. Is this the name that appears on your Social Security | 4. [X]Yes [_]No
card?
a) If no, provide the name that appears on your a) Last
Social Security card. First
Middle initial
§. List any other names you have used. 5, N/A
6. What is your birth date? 6. 32/16/1972 (mmiddiyyyy) ~
7. What is your gender? 7 [imate [JFemate
8. Would you prefer your written material In Englishor [8 Bxlengiish ~ E]spanish
Spanish?
a) Whats your preferred spoken language? _2)
9. Have you filed a California Unemployment Insurance {9. [_]Yes [XJNo.
or a Disability Insurance claim tn the last two years?
a) If yes, list each type of claim and the most recent a) Unemployment Claim Date(s) (mmidd/yyyy)
date(s) of when the claim(s) was filed. . .
a) Disability Claim Date(s) (mmidd/yyyy)
@ cu
DE 1101) Rev. 42 (5-21) (INTERNET) 94.990191940004011 Page 1 of 11
21230U1010004011
Case 2:23-ev-0304@LN-CSK Document1 Filed 12
NEMPLOYMENT INSURANCE APPLICATION
oacial Security number:
9 ¢
23 iil 336 of 366
| i
1101105
Reminder: To file a claim, individuals must be out of work or working less than full time. You
_ last employer you worked for as an employee. Do not include self-employment u
Please provide information about your very fast employer. This Is the employer you last warked for regardless of the langth of
time you worked at that job, the type of work you did for that employer, or whether or not you have been paid.
if you worked for a temporary agency, a labor contractor, an agent for actors or actresses, of an employer where wages are
reported under a corporate name, your wages may have been reported under that employer name. If you worked for In-Home
Supportive Services (IMSS), the welfare recipient for whom you provided the in-home supportive service is your employer, not
the county, You may want to refer to your check stub(s) or W-2(s) fo obtain ihe name of your. employer,
must provide information about the
inless you have elective coverage.
25. What is the last date you actually worked for your very
last employer?
a) What are your gross wages for your last week of
work? For Unemployment Insurance purposes, a
week begins on Sunday and ends the following
Saturday.
b)
employer?
What Is the mailing address of your very last
employer?
c)
d) Is the physical address of your very last employer
the same as their mailing address? (A physical
address cannot be'a P.O. Box. Please provide a
street address.)
If no, what is the physical address of your very
last employer?
What is the telephone number of your very last
employer at their physical address?
f) What is the name of your immediate supervisor?
25. 03/05/20
What is the complete name of your vary last f
b) Name: George Paine
Mailing address:
Streat: 5672 Lupin
City: Sun_ Valley |
State: Nv
Physical address:
Street: .a8 above . -
ZIP Code: 89433
e) 2
f) George Paine
employer (last employer or any employer in the last
18 months) due to a trade dispute, such as a strike or
& lockout? -
g) Briefly explain in your own words the reason g) Reason: 4 went to visit my mother in Wheatland Ca
you are no longer working for your very last where i couldnt return due to a travel ban caused by
ao tnlido am atachrente Please do covid 19. return to Nv i was replaced and homeless
26. Are you (directly or indirectly) out of work with any 26. [hes [Xho
If yes and a union wasiis involved, answer
if yes and a union was notis not invol
ved, answer questions c-e:
DE 1101! Rev. 12 (6-21) (INTERNET)
21230U1010004011
questions a-b:
a) Whats the name and telephone number of the ¢c) How many employees left work?,
union? d) Was there a spokesperson for the employees? (ves [No
Name: na e) Ifyes, what is his/her name and telephone number?
Phone: = = Name:
b) Aer “Ee to receive strike benefits? - Phone: = =
Page 5 of 11
2/2/22, 10:00 AM
CSk pocument ERE os -p Page 360 of 366
156599622 ase Kt Status -Interview/Payment VIC San
. Statue Queue Francisco
156764941 Filed a Claim, No Response Low Resolved None WC-CQ-Filed a Claim No UIC Riverside
. Response Queue
156890944 Filed a Claim, No Response Low Resolved None WC-CQ-Filed a Claim No UIC Oakland
: ; Response Queue
156962014 Filed a Claim, No Response Low Resolved None WC-CQ\-Filed a Claim No UIC Riverside
Response Queue
158125147 Process ID Redetermination Low Resolved None ID Redetermination Unemployment
Integrity &
Accounting
Division (UIIAD)
158126416 Where is my Payment? Low Resolved None WC-Payments-Where is my UIC Redlands
Payment Queue
4158883469 Filed a Claim, No Response Low Resolved None WC-CQ-Filed a Claim No. ‘UIC Rancho
Response Queue Cordova
159092609 Phone interview Eligibility and Payment Status Low Resolved ~ None WC-DET-Interview/Payment UIC Pacific
: , Status Queue Center
159966067 Filed a Claim, No Response Low Resolved - None WC-CQ-Filed a Claim No UIC San
. : Response Queue ‘ Francisco
160105635 Filed a Claim, No Response Low Resolved None WC-CQ-Filed a Claim No UIC San
: : Response Queue Francisco
160324586 Filed a Claim, No Response Low Resolved None WC-CQ-Filed a Claim No UIC Riverside
, Response Queue
160391338 Filed a Claim, No Response Low Resolved None WC-CQ-Filed a Claim No UIC San
: . Response Queue Francisco
160396050 Filed a Claim, No Response Low Resolved. None WC-CQ-Filed a Claim No UIC San
Response Queue Francisco
160643647 Filed a Claim, No Response Low Resolved None WC-CQ-Filed a Claim No UIC San
. Response Queue Francisco
160816737 Filed a Claim, No Response Low Resolved None WC-CQ-Filed a Claim No UIC San
. Response Queue ‘Francisco
160816996 Filed a Claim, No Response Low Resolved None WC-CQ-Filed a Claim No UIC San
, Response Queue Francisco
Revision History
Updated Date Update Updated By
(02/02/2022 UN - UNEMPLOYED DUE TO DISASTER modified..Comment: 02022022 filed CLMT Timely Appeal dated 02/02/22 for U 041j9711
N Disq DE 8598PUA-D MAILED TO CLMT ON 02/07/22. ITEM B2: UNEMPLOYMENT NOT CAUSED-8Y ONE OF THE
ACCEPTABLE COVID-19 REASONS. INDEFINITE DISQ EFFECTIVE 08/22/2021.
(02/02/2022 Claimant Appeal modified.Comment: 02022022 filed CLMT Timely Appeal dated 02/02/22 for UN Disq DE 8598PUA-D M 041j9711
AILED TO CLMT ON 02/07/22. ITEM B2: UNEMPLOYMENT NOT CAUSED BY ONE OF THE ACCEPTABLE COVID-19
: REASONS, INDEFINITE DISQ EFFECTIVE 08/22/2021.
(02/02/2022 UN - UNEMPLOYED DUE TO DISASTER modified..Comment: 02022022 filed CLMT Timely Appeal dated 02/02/22 for U 041j9711
N Disq 02022022 filed CLMT Untimely Appeal dated 01/20/22 for UN Disq DE 8598PUA-D MAILED TO CLMT ON 02/07/
22. ITEM 82: UNEMPLOYMENT NOT CAUSED BY ONE OF THE ACCEPTABLE COVID-19 REASONS.
(02/02/2022 Claimant Appeal! modified. Comment: 02022022 filed CLMT Timely Appeat dated 02/02/22 for UN Disq 02022022 filed CL 041j9711
MT Untimely Appeal dated 01/20/22 for UN Disq DE 8598PUA-D MAILED TO CLMT ON 02/07/22, ITEM 82: UNEMPLOY
. MENT NOT CAUSED BY ONE OF THE ACCEPTABLE COVID-19 REASONS.
(02/02/2022 UN - UNEMPLOYED DUE TO DISASTER modified..Comment: 02022022 filed CLMT Untimely Appeal dated 01/20/22 for 041j9711
UN Disq DE 8598PUA-D MAILED TO CLMT ON 02/07/22. ITEM B2: UNEMPLOYMENT NOT CAUSED BY ONE OF THE
ACCEPTABLE COVID-19 REASONS.
(02/02/2022 Claimant Appeal modified.Comment: 02022022 filed CLMT Untimely Appeal dated 01/20/22 for UN Disq DE 8598PUA-D 041j9711
. MAILED TO CLMT ON 02/07/22. ITEM B2: UNEMPLOYMENT NOT CAUSED BY ONE OF THE ACCEPTABLE COVID-1
9 REASONS.
02/02/2022 IDNC - ID NOT CONFIRMED modified..Comment: 02022022 filed CLMT Untimely Appeal dated 01/20/22 for IDNC Disq | 041j9711
RR DISQ RD MI 5 D1--Provided an Unacceptable Photo ID IRR DISQ RD MI 5 E1--Failure to Provide a Secondary Docu
ment 111221 Mailed DE713#7 to clmt, Disg still in effect for unacceptable documents provided J1952 011922 Mailed DE7
13 to clmt, Disg still in effect for unacceptable documents provided J1952
(02/02/2022 Claimant Appeal modified.Comment: 02022022 filed CLMT Untimely Appeal dated 01/20/22 for IDNC Disq IRR DISQ RD 041j9711
MI 5 D1--Provided an Unacceptable Photo ID IRR DISQ RD MI 5 E1--Failure to Provide a Secondary Document 111221
Mailed DE713#7 to clmt, Disq still in effect for unacceptable documents provided J1952 011922 Mailed DE713 to cimt, Dis
q still in effect for unacceptable documents provided J1952
02/02/2022 UN - UNEMPLOYED DUE TO DISASTER entered to resolve UN issue(s).Comment: DE 8598PUA-D MAILED TO CLMT 041j9711
ON 02/07/22. ITEM B2: UNEMPLOYMENT NOT CAUSED BY ONE OF THE ACCEPTABLE COVID-19 REASONS.
(02/02/2022 UN - UNEMPLOYED DUE TO DISASTER entered..Comment: DE 8598PUA-D MAILED TO CLMT ON 02/07/22. ITEMB 041j9711
2: UNEMPLOYMENT NOT CAUSED BY ONE OF THE ACCEPTABLE COVID-19 REASONS. INDEFINITE DISQ EFFEC
TIVE 08/22/2021.
02/02/2022 UN: Unemployed Due to Disaster (DUA) issue created..Comment: ****DO NOT REMOVE/RESOLVE ***** DNR UN PEND 041)4672
. ING ISSUE (TR15) - UNDER REVIEW
02/02/2022 Claimant has read the Notification of Ul Account Preferences Change dated 01/30/2022 15:28:43 602CLMT
02/02/2022 Claimant successfully logs into the system.Comment: Claimant has logged into the system 602CLMT
(01/31/2022 Claimant successfully logs into the system.Comment: Claimant has logged into the system 602CLMT
(01/30/2022 Claimant successfully logs into the system.Comment: Claimant has logged into the system 602CLMT
(01/30/2022 Claimant has read the The EDD has Received Your Question dated 01/29/2022 21:16:48 602CLMT
(01/30/2022 Claimant successfully logs into the system.Comment: Claimant has logged into the system 602CLMT
(01/29/2022 Claimant has read the Re: Filed a Claim, No Response dated 01/29/2022 09:13:37 602CLMT
(01/29/2022 Claimant successfully logs into the system.Comment: Claimant has logged into the system 602CLMT
01/28/2022 Claimant successfully logs into the system.Comment: Claimant has logged into the system 602CLMT
https://cerpd.network1 .corp.edd.ca gov/CCR/Pages/internalUser/ClaimMaintenance/EligibilitySummary.aspx?__NodelD=64
2/3
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Update
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item
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_ Process
Claimant Appeal modified
IDNG - ID NOT CONFIRMED modified.
UN - UNEMPLOYED DUE TO DISASTER entered to resolve
UN issue(s)
UN - UNEMPLOYED DUE TO DISASTER entered.
UN: Unemployed Due to Disaster (DUA) issue created.
Claimant has read the Notification of Ul Account Preferences
Change dated 01/30/2022 15:28:43
Claimant successfully logs into the system
Work Item resolved on 1/31/2022 1:31:41 PM - Resolved
without reply
Claimant successfully fogs into the system
Claimant successfully logs into the system
Claimant has updated their phone number(s)
Claimant has read the The EDD has Received Your Question
dated 01/29/2022 21:16:48
Claimant successfully logs into the system
Claimant has read the Re: Filed a Claim, No Response dated
01/29/2022 09:13:37 .
/23
8598PUA-| LED To |
CLMT ON 02,4 /22. ITEM.
B2: UNEMPLOYMENT |
NOT CAUSED BY ONE
OF THE ACCEPTABLE
COVID-19 REASONS, |
02022022 filed CLMT
Untimely Appeal dated |
01/20/22 for IDNC Disq
IRR DISQ RD MI § D1--
Provided an Unacceptable
Photo ID IRR OISQ RD MI
5 E1--Failure to Provide a
Secondary Document |
111221 Mailed : |
02022022 filed CLMT . 02-02-2022 09:54:00
Untimely Appeal dated |
01/20/22 for IDNC Disq
IRR DISQ RD MI 5 D1-- |
Provided an Unacceptable
Photo ID IRR DISQ RD Mi
5&1 --Failure to Provide a
Secondary Document | :
111221 Mailed ;
DE 8598PUA-D MAILED 02-02-2022 09:41:30
TO CLMT ON 02/07/22. '
ITEM B2: ;
UNEMPLOYMENT NOT}
CAUSED BY ONE OF '
THE ACCEPTABLE
COVID-19 REASONS. |
DE 8598PUA-D MAILED
TO CLMT ON 02/07/22.
ITEM B2: |
UNEMPLOYMENT NOT
CAUSED BY ONE OF |
THE ACCEPTABLE |
COVID-19 REASONS.
02-02-2022 09:54:00
02-02-2022 09:38:55
INDEFINITE DISQ |
EFFECTIVE 08/22/2027:
REMOVE/RESOLVE ***/*
02-02-2022 09:03:28
- DNR UN PENDING ISSUE
(TR15) - UNDER REVIEW
| 02-02-2022 08:04:14
Claimant has fogged inte 02-02-2022 08:04:06
the system
Work item was resolved by 01-31-2022 13:30:49
the EPR without any |:
correspondence with the
claimant
Claimant has togged into
the system
Claimant has logged into
the system
01-31-2022 12:36:11
01-30-2022 15:28:43
| 01-30-2022 15:25:08
Claimant has logged into 01-30-2022 15:24:57
the system
01-29-2022 21:13:46
01-30-2022 15:31:10 .
; Page 363 of 366
041j9711
0419711
041j9711
041j4672
602CLMT
602CLMT
021J2637
602CLMT
602CLMT
602CLMT
602CLMT
602CLMT
602CLMT
Copyright © 2018 State of California
2/2
.
Case 2:23-cv-030QJTLN-CSK Document1 Filed M9123 | Page 364 of 366
Claim Information - BYB 08-22-21 |:
SSA FIRST M LAST NAME CHO EFF ote END DATE LANG
LANCE D ALVARADO 09010 08-22-21 09-04-21 0
STREET ADDRESS TELEPHONE REQUESTOR EQ DATE LOCATION
5719 MAYO CT 975 399 0045 LOVEMAN 02-02-22 00410
CITY ST ZIP CNTRY PROGRAM CODE FIPS ST OFF PETITION #
SUN VALLEY NV 894337036 DUA-U-SE 32 031 i
BIRTH SW PER UNION DOT SIC ER WP CIT SEX SPECIAL, COMMENTS
12-16-72 A 99 201 73 5 REQ 1 1
AWARD INFORMATION OTHER AWARDS BP P
; SBP U
86 WEEKS AT 167 WBA 14362 MBA BAL 14362.00
FLAGS FEI- (U/)/T-IND-DUA, MC~05/31/92-00545, APPL-02/02/22, DUA-08/22/21-999999
~2001,
TAKEN- EFF OR W/E DT- AMT PAID- FO INTER/ TIME SERIAL ck PAY
AUTH DT ISS DT ACTION ERN REASON AUTHOR NUMBER STS IND COMMENTS
|
Appeal Documents for LANCE-XXX-XX- . i: yl
|
Case 2:23-cv-030@JTLN-CSK Document1_ Filed @ 23 Page 365 of 366
Claim Information - BYB 08-22-21
SSN NAME LANCE D ALVARADO { REASON
CURRENT CLAIM: 08/22/21 U DUA
STREET 5719 MAYO CT
CITY SUN VALLEY STATE NV ZIP CODE 89433 7036
PHONE 775 399 0045 FIPS 32 031 CHO 9010
OPERID 602UCLMT REASON NO REASN
EFFECTIVE 01/30/22 TIME 15:29:07 .
PRIOR ADDRESSES AND RELATED CLAIMS |
NEXT: UISPOSM PAY INPUT 02-02-22 09:46:09
SSA: CLM EFF DATE: 08-22-21 proc cope:! u
CLMT NAME: LANCE D ALVARADO WBA: 167 BAL: 14362
ER NAME: STREET ADDRESS: (CITY:
DUA 5672 LUPIN SUN VALLEY
ST: NV ZIP: 89433 LDW: 030520 SEP REASON: D I WENT TO VISIT MY MOTHER AND
COULD NOT RETURN DUE TO COVID. |
|
|
|
|
Appeal Documents for LANCE-XXX-XX-
1H
Claim Notes - BYB 08-22-24
02-02-2022 04139711
APPEAL FILED ON THE FOLLOWING ISSUES: IRR NOT A QUALIFYING
STED REASON PUA NOT ALLOWED.
02-02-2022 04199711
01/20/22 DE 713 #3 TO CLMNT MLO
01/20/22 CLMNT UNTIMELY APPEAL TRR LA -OAP NLO
02-02-2022 04199711
. DE 8598PUA-D MAILED TO CLMT ON 02/07/22. ITEM B2: UNEMPLOY
CAUSED BY ONE OF THE ACCEPTABLE COVID-19 REASONS.: INDEFINI
EFFECTIVE 08/22/2021.
02-02-2022 1803434A
TCFC RE: CLMNT ANGRY ABOUT IDNC’ AND WANTS TO KNOW WHY HE K
ID DIsQ. CLMNT OOS AND HAS PUA FUTHER INVESTIGATION
01-25-2022 85379768
WI. 161561370 RESOLVED - RESPONSE TO FILED A CLAIM NO RESPO
01-19-2022 05631952
THE ADDITIONAL DOCUMENTS WERE REVIEWED AND THE REASON FOR
IS STILL IN EFFECT FOR THE FOLLOWING REASON: DISQ DUE TO U
DOCS. COPY OF DE£1080CZ DATED 09/13/21 DE1000M AND DE713 #7
UNABLE TO USE THE DOCUMENTS CLMT PROVIDED TO VERIFY THE ID
01-19-2022 05631952 {CONT}
ID DOCS .TO BATCH: FILE.
01-13-2022 18075812
W1I161134410 RSLVD
01-08-2022 85304737
ADD TO NOTE: MESS SENT TO CLMT TO ADV DE1080 MLD.
01-08-2022 85304737
WBCR NEVER RECVD DENIAL LETTER: DE1080 PRINTED AND MLD.
12-24-2021 04033547
_ WORK ITEM ID: 160324586 CLMT WAS SENT DETERMINATION LETTE
UT IDENTITY. SAYS KE DIDNT GET AND DENIAL LETTER. SENT EM
11-29-2021 85399543
4
Page 366 of 366
COVID-19 LI
MENT NOT
TE DISQ
EEPS GETTING
NSE.
THE DISQ
NACCEPTABLE
TO CLMT:
ENTITY.
sR 9/3/21 ABO
Th
VQ CLAIRIFICATION- TCTC INFORMED CLMT NO VQ DET DUE TO TNC. ADVD OF A
PPEAL RIGHTS & ONCE IDC, VQ DET WILL BE SCHEDULED.
11-29-2021 85379543
ASKED CLMT ABOUT BIRTH CERTIFICATE: SAID CERTIFICATE NUMBE
285605. KAISER FOUNDATION HOSPITAL, ADDRESS 2025 MORSE AVE.
O, CA. CA DL#:
11-23-2021 USSB140
PR IS 104-72-
+ SACRAMENT
DE4600 MAILED 11/23/21 - vQ
DET APPT SCHEDULED FOR 11/29/2021 - -08:00AM TO 10:00AM DE
11-22-2021 02577393
HAS WAGES IN NV/ADDRESS FROM ICON IS PO BOX 7455 RENO NV |
11-22-2021 02537393
4
800STD.
9510
BIRTH CERTIFICATE IS FAKE/KAISER ON MORSE AVENUE WASN'T EVEN BUILT UNT
IL 1975
11-22-2021 02577393
“WI 158883469 RESOLVED
11-12-2021 05671952
THE ADDITIONAL DOCUMENTS WERE REVIEWED AND THE REASON FOR
THE DISQ
IS STILL IN EFFECT FOR THE FOLLOWING REASON: DISQ DUE TO [UNACCEPTABLE
7
D
DOCS. COPY OF DE1080CZ DATED 09/03/21 DE1000M AND DE713
UNABLE TO USE THE DOCUMENTS CLMT PROVIDED TO VERIFY THE
ID DOCS TO BATCH FILE
11-03-2021 00679459
DES617 RTRND BY USPS. NO ACTION TAKEN. ID NOT CONFIRMED
11-01-2021 85300893
Appeal Documents for LANCE-XXX-XX-
TO CLMT:
ENTITY.
Sh
File and source
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- gov.uscourts.caed.439404.1.0.pdf
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- 11,794,889 bytes
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- cfae969cf00dea48e2af1ed2b57ef022bb896f16acb4917e4b0b0440a4771a35
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- Original
- storage.courtlistener.com