From: Rik Wayne Munson

218 Landana Street

American Canyon, CA 94503

To: Director, California Department of Motor Vehicles

Cc: Taber, Jacqueline – AJ Alameda County Superior Court
Cc: Risk Management, State of California

Subject: Demand for Due Process Hearing and for Answers

Certified Mail #7003 1010 0003 5137 8582

NOTICE TO PRINCIPAL IS NOTICE TO AGENT

NOTICE TO AGENT IS NOTICE TO PRINCIPAL

Dear Director,
Please be advised that I am in receipt of a letter from Department of Motor
Vehicles dated April 26th 2006 stating that due to the departments’ receipt of an abstract
of judgment from Superior Court of Alameda County claiming a “Willful Failure to
appear” that my privilege to operate a motor vehicle is being suspended as of may 26,
2006. YOU ARE HEREBY NOTICED THAT THE COURTS JUDGEMENT IS ISSUED
WITHOUT OR IN EXCESS OF JURISDICTION AND THAT YOUR BOND IS AT
ISSUE!
In response to this most recent communication from your department please be
advised of the following facts:
Absent competent evidence to the contrary the court, as a matter of law, must
accept an affidavit as true. Contained in the courts record on December 20, 2005, the date
of “appearance” is an endorsed “notice of special appearance “ along with a copy of my
second unanswered discovery request to the Alameda County District Attorney and the
California Highway Patrol dated also December 20, 2005. Contained in the courts record
and endorsed by the clerk on March 10, 2006 is an affidavit delineating the manner in
which the courts clerk had obstructed justice in denying me access to the court by
refusing to provide the requested forms and refusal to place the matter on the courts
calendar for any future date for any purpose.
Contained in the stated affidavit is the statement that my signature was given
under duress of impending kidnap and carjack by an armed paramilitary and that my
signature on the instrument called a ticket was given under protest as “without prejudice
UCC 1-207, 1-103” thus preserving constitutional safeguards.
Stated affidavit also declares that I was engaged in the private affairs of life and
exercising my constitutionally protected right of private travel. Implicit in such a
declaration is the affirmation that I was not a driver nor driving, nor the operator of a
motor vehicle nor engaged in any manner of traffic or transportation as law defines those
terms.
The stated affidavit also declares that on November 1, 2005 I caused an informal
request for discovery to be mailed both to the District Attorney for Alameda County and
to the California Highway Patrol.
As noted above I made a second request for discovery to both the District
Attorney for Alameda County and to the California Highway Patrol. To date I have
received no indication of lawful authority, no declaration as to the nature of the action, no
indication of the identity of the principal(s) of interest, no indication of the identity of the
moving party, no evidence of plaintiff’s standing to re-present the unidentified
principal(s) of interest and no indication of the type of activity, governed by the license to
exercise the driving privilege, that I am alleged to have been engaged in.
Please be further advised that on Thursday September 23, 2004 I mailed
certified letter number 70003 1010 0003 5137 8612 addressed to the Director of the
California Department of Motor Vehicles requesting answers to specific questions
regarding my legal obligations as a licensee with your agency. Answers to the questions
presented may have rendered the present questions nugatory but to date I have received
no reply from your office. You are therefore herein noticed of the general legal definition
of fraud.
Fraud: Deceit, deception, artifice, or trickery operating prejudicially on the rights of

another, and so intended, by inducing him to part with property or surrender some

legal right. 23 Am J2d Fraud § 2. Anything calculated to deceive another to his

prejudice and accomplishing the purpose, whether it be an act, a word, silence, the

suppression of the truth, or other device contrary to the plain rules of common

honesty. 23 Am J2d Fraud § 2. An affirmation of a fact rather than a promise or

 statement of intent to do something in the future. Miller v Sutliff, 241 111 521, 89 NE

651.

Not only am I demanding answers but also I am demanding a due process hearing
prior to any action being taken against my rights or privileges. It would be inconceivable
in this Republic to make these kinds of determinations without affording the object of
these discriminatory measures the requisite Due Process of “Notice and Opportunity To
Be Heard”. Included in the notion of “Notice” is a declaration as to the particular type of
law serving as the basis for the action in its onset and such disclosure has been sought
from complainant since this actions inception. Implicit in the notion of “Opportunity To
Be Heard” is access to the courts and the use of process, procedure and the protection of
law.
I have yet to receive an answer to these inquiries and without a court date or
access to the courts I am able to utilize neither process nor procedure in my defense and
may be compelled to counter action in order to access said court. Title 42 USC § 1986 (in
Conjunction with 42 USC 1983, et seq.) implementing constitutional safeguards
mandates that State officials who are aware of violations of constitutionally protected
liberties have an extraordinary duty to prevent or protect any further injury or damages
within the scope of their authority.
In order that I myself not be guilty of misprision of felony under 18 USC Sec. 4, it
is incumbent upon me to inform each of you to whom this letter is addressed of the series
of crimes and public offenses, which it appears are being committed or have been
committed under the auspice of code enforcement. Please be advised that operating under
color of law it appears that obstruction of justice, dereliction of duty, abuse of process,
unlawful detention, kidnappings, carjacking intimidating witnesses and extortion appear
to be systematically committed by traffic courts and armed paramilitary contractors to the
entity conducting business as the state of California, in a manner that would bring these
crimes under the treble damages of RICO and based upon my fruitless attempt to access
the Alameda County Traffic Court I am confronted with questions of collusion. If
however the court is one of integrity is should, having notice of it’s error, vacate its
judgment on its’ own 473 motion and place the matter properly on calendar for further
proceedings not to mention providing adequate notice to all parties.
The very essence of civil liberty certainly consists in the right of every individual to claim the
protection of the laws, whenever he receives an injury. One of the first duties of government is
to afford that protection. MARBURY v. MADISON, 5 U.S. 137 (1803)
Please take cognizance that the questions presented herein are to be construed as
interrogatories as well as requests for disclosure, discovery, and production of documents
and/or admissions, as applicable.
I am herein demanding an administrative determination of the complainants’
claimed facts and specifically an adjudication of the question of whether or not the
activity complained of make me a proper subject of the code sections which I am accused
of having violated.
Please provide me with a copy of the abstract of judgment to which your letter
refers and upon which your departments threatened action relies. Also please assist me in
answering and compelling the complainant to answer my inquiry as follows:
DEFINITIONS
For purposes of these Requests, including the sections marked "Definitions: and General
Procedures," the following terms shall have the meaning set forth below:
1. The terms "Defendant, respondent or accused" means only Rik Wayne Munson.
2. "Sessions Laws" means statute laws, those laws which are written and enacted by
the California Legislature, and shall not be deemed to be the writings of any other
body, branch, or agency of government.
3. "And" or "or" means “and/or", with the singular form deemed to include plural
and vice versa.
4. "Document" or "documents" or "documentary evidence" means writings of every
kind and character pertaining to the designated subject matter, including, without
limitation, the original and a copy, regardless of origin or location, of any book;
pamphlet, periodical, letter, memorandum, file, note, diary, calendar, newspaper;
magazine, statement, bill, invoice, order, policy, telegram, correspondence,
summary, receipt, opinion, investigation statement or report, schedule, manual,
financial statement, audit, tax return, articles of incorporation, bylaws, stock book,
minute book, agreement, contract, deed, security agreement, mortgage, deed of
trust, title or other insurance policy, report record, study, hand written note, map,
drawing, working paper, chart, paper, draft, index, tape microfilm, data sheet, data
processing card, computer printout, computer program, check, bank statement,
passbook or other written, typed, printed, photocopied, dittoed, mimeographed,
recorded, transcribed, punched, taped, filmed, photographic, or graphic matter,
however produced, to which you have or have not had access.
5. "He" or any other masculine, feminine, or neutral pronoun means any individual,
regardless of sex or entity to whom the Request otherwise would apply.
6. "Identify" or "Identity" means:
(a) When used with reference to a natural person, his or her full name, present
home address, present business address, present home and business telephone number,
present or last known position and business affiliatiol1 at the time in question.
(b) When used with reference to an entity, such as a-partnership (either general or
limited), joint venture, trust or corporation, to state the full legal name of such entity,
each name under which such entity. does business, the entity's telephone number and the
identity of the chief operating officer, manager, trustee, or other principal representative.
(c) When used with reference to documents, to state specifically:
(i) The type, of document involved (e.g., letter, interoffice
memorandum, etc.), together with information sufficient to
enable the location of the document such as its date, the name
and addressee and the name of any signor, the title of the
heading of the document and its approximate number of pages;
and
(ii) The identity of the custodian or other person last known to
have possession of the document, together with the present or
last known location of the document.
7. "Relating to" means pertinent, relevant or material to, evidencing, having a
bearing on, or concerning, affecting, discussing, dealing with, considering or
otherwise relating in any manner whatsoever to the subject matter of the inquiry.
8. "You" or "your office" means each of the agencies' or departments and each of
your directors, officers, agents, employees, partners, attorneys and
representatives.
9. "CA" shall be deemed to mean and include only California, state, the area within
its boundaries, and its governmental units
10. "Municipality" or "municipal" shall be deemed to mean political subdivisions of
California state and the agencies thereof.

Defendant makes the following demand for discovery. Please provide:

1. Please supply a certified copy of the Sessions Laws relied upon by your Office in
the prosecution of individuals for civil infractions and criminal violations under
California Vehicle Code section 21655.5B when such individuals are not engaged in
"transportation" as that term is found in California Sessions Laws and as that term is
defined in federal law.

2. Please site the California Code provision(s) your office is relying upon to conclude that
California Vehicle Code 21655.5B applies to the Defendant's private travel upon the
highways.

3. Please supply a copy of any and all documents possessed and/or generated by your
office regarding definitions found in Sessions Laws and in California Vehicle Codes
pertaining to California Vehicle Code section 21655.5B and how such definitions are to
be applied, how they are not to be applied and the name(s) of the author(s) of such.

4. Please supply a copy of any document relating to correspondence or communication

with the California State Attorney general regarding the interpretation of definitions
and/or other statutes and provisions found in California Vehicle Code section 21655.5B,
or which address the role Sessions Laws and California Vehicle Codes play in the proper
enforcement of statute.

5. Please provide the date upon which your office completes or completed its research
into Sessions Laws upon which California Vehicle Code section 21655.5B is based, and
a. What conclusions were drawn regarding application
of California Vehicle Code section 21655.5B and
the Sessions Laws from which such provision
arises?
b. Please supply a copy of any document related to
such research and findings.

6. Please supply-a description of your office's policy regarding the adherence to, or the
parting from, those standards outlined by the CA Supreme Court in its prescription for
statutory interpretation that the law as adopted by the legislature, prevails over any
restatement thereof in the code and whether your office agrees or disagrees with this
interpretation.

7. Please supply a copy of every document you have pertaining or relating, directly or
otherwise, to #6 above.

8. Please supply a copy of every case decided in any court of this state which is deemed
by your office' to supersede or overturn the prescription for statutory interpretation stated
in #6 above.

9. Please supply all documents relating to your office’s discovery and/or interpretation of
Session laws §12 Ch. 1295, Stats. 1970, §191, Ch. 545, Stats. 1974, §5 Ch. 773 Stats.
1994, §114 Ch. 466 Stats. 1982, §1 Ch. 826 Stats 1984, §1 Ch. 143 Stats. 1991
(AB340), §1 Ch. 133 Stats. 1993 (SB948), & §1 Ch. 579 Stats. 1997 (SB236) regarding
application of California Vehicle code 21655.5B to use of the public highways for private
travel and please include the name and address of any individual contributing to the
drafting, generation or compilation of such.

10. Please supply a synopsis of the testimony officer S. Nichols intends to give at the
time of trial including all objective facts specifically addressing each element of the
offense complained of in the above titled action.

11. Please identify the lawful principal(s) of interest in the above named action

12. Please identify the moving party, in the event that these are not the same.

13. Please identify the lawful delegation of authority through which plaintiff has acquired
standing to act on behalf of the above requested principal(s) of interest.
14. Please identify the nature of the proceedings, the jurisdiction and the type of law
serving as the basis for the above action. Specifically whether the action is civil or
criminal. If civil whether it is contract, tort, maritime, admiralty etc.
a. If the action is in contract law please provide a certified copy of the contract
signed by defendant/respondent authorizing the application of commercial
codes to defendant/respondents act of private travel.
b. If the action is in tort please identify the injured principal, the nature and
extent of principals injury and the actions of Defendant/respondent, which are
claimed to be the proximate cause of plaintiff’s injury.
c. If in maritime (law merchant), admiralty or other, please identify the
underlying theory upon which jurisdiction of the person and the subject matter
relies along with any and all treatises, cases or statutory laws, known by you
to exist, that prohibits or authorizes application of said theory to
defendant/respondents right of private travel.

15. Please provide certified copies of all documents in your possession or known by you
to exist that relate to the items requested above and/or reach to any or all of the elements
of the claimed offense.

16. Please provide all internal documents, which indicate the manner in which the armed
paramilitary called police or highway patrol, are instructed so as to distinguish between
private acts of travel and the public act of driving.

17. The following is disclosed to you pursuant to Penal Code §1054.3:

a. NAMES AND ADDRESSES OF WITNESSES (OTHER THAN

ACCUSED) WHO WILL TESTIFY AT TRIAL.
(x) NONE AT THIS TIME

NOTICE: You are hereby advised that no rights are herein being waived, including the
right to a fair hearing, should a lawful cause of action be stated.

NOTICE: Respondent/defendant hereby expressly reserves all rights including those

prescribed under UCC 1-207, 1-103, all rights under the California Constitution and all
rights under the Constitution for the United States of America of 1789 which the
California State Constitution (De jure 1850) cites as the supreme law of the land.

NOTICE: Respondent herein demands the above discovery from the complaining
party(s).

NOTE:Please be advised that any officer or judge who acts in the absence of subject
matter jurisdiction may be held liable for their conduct. (Stump v. Sparkman, 435 U.S.
349, 98 S. Ct. 1099, 55 L. Ed. 2d 331 (1978) and Bradley v. Fisher, 80 U.S. (13 Wall.)
335, 20 L. Ed. 646
 YOU ARE HEREBY NOTIFIED that failure to comply with the demands
contained herein under the terms and within the time constraints stated herein or provided
by law will result in accused moving for appropriate relief at time of hearing or trial.
YOU ARE HEREBY NOTIFIED that failure to comply with the demands
contained herein under the terms stated herein will result in my bringing a cause of action
of my own.

Dated: Saturday, May 06, 2006

Respectfully submitted:

Rik Wayne Munson, respondent Sui Juris.