Petition to Release Juvenile Court Records
I've copied the California health and Welfare code directly online from the page located at the url below. I highlight the text describing the specific duties of the juvenile court in determining if the record should be released by law. The petition is below.
http://www.courtinfo.ca.gov/rules/2000/titlefive/14009826.htm#p1195_81909
Rule 1423. Confidentiality of records (§§ 827, 828)
(a) [Definitions] For the purposes of this rule, "juvenile court records" include:
(1) All documents filed in a juvenile court case;
(2) Reports to the court by probation officers, social workers of child welfare services programs, and court-appointed special advocates;
(3) Documents made available to probation officers, social workers of child welfare services programs, and court-appointed special advocates in preparation of reports to the court;
(4) Documents relating to a child concerning whom a petition has been filed in juvenile court, which are maintained in the office files of probation officers, social workers of child welfare services programs, and court-appointed special advocates;
(5) Transcripts, records, or reports relating to matters prepared or released by the court, probation department, or child welfare services program; and
(6) Documents, video or audio tapes, photographs, and exhibits admitted into evidence at juvenile court hearings.
(b) [Inspection] Only those persons specified in sections 827 and 828 may inspect juvenile court records without authorization from the court. Juvenile court records may not be obtained or inspected by civil or criminal subpoena. Authorization for any other person to inspect, obtain, or copy juvenile court records must be ordered by the juvenile court presiding judge or a judicial officer designated by the juvenile court presiding judge.
In determining whether to authorize inspection or release of juvenile court records, in whole or in part, the court shall balance the interests of the child and other parties to the juvenile court proceedings, the interests of the petitioner, and the interests of the public. The court shall permit disclosure of, discovery of, or access to juvenile court records or proceedings only insofar as is necessary, and only if there is a reasonable likelihood that the records in question will disclose information or evidence of substantial relevance to the pending litigation, investigation, or prosecution. The court may issue protective orders to accompany authorized disclosure, discovery, or access.
(c) [Petition] With the exception of those persons permitted to inspect juvenile court records without court authorization under sections 827 and 828, every person or agency seeking to inspect or obtain juvenile court records must petition the court for authorization using Judicial Council form JV-570, Petition for Disclosure of Juvenile Court Records. The specific records sought shall be identified based on knowledge, information, and belief that such records exist and are relevant to the purpose for which they are being sought. Petitioner shall describe in detail the reasons the records are being sought and their relevancy to the proceeding or purpose for which petitioner wishes to inspect or obtain the records.
At the bottom of this next scan judge Frank Ochoa denies the petition.
The Judge knows what I allege in my other legal actions. He was the judge supervising the Grand Jury when I requested an investigation into the missing court case files and he was the judge who granted the first demurrer of the County in case 220298. Can it be in my sons best interest for his mother to remain ignorant of the threat and intrusion into our lives? Can it be in the publics best interest?
In determining whether to authorize inspection or release of juvenile court records, in whole or in part, the court shall balance the interests of the child and other parties to the juvenile court proceedings, the interests of the petitioner, and the interests of the public.
Here is ATTACHMENT 5
The trial court shall take judicial notice of any matter specified in section 452 if a party requests it and:
(a) Gives each adverse party sufficient notice of the request, through the
pleadings or otherwise, to enable such adverse party to prepare to meet the request; and
(b) Furnishes the court with sufficient information to enable it to take judicial notice of the matter.
And pursuant to;
California Evidence Code section 454. Information that may be used in taking judicial notice.
(a) In determining the propriety of taking judicial notice of a matter, or the tenor thereof:
(1) Any source of pertinent information.............
2. Petitioner/Respondent in this legal action, pursuant to;
California Evidence Code section 452;
(d) Records of (1) any court of this State...........
452(h) and 453(a)(b) and 454(a)(1)
requests judicial notice of; of EXHIBIT SIX ; Two pages of opening Statement at trial September 8, 1998 filed by attorney to the defendant in Santa Barbara County Superior Court case 220298, filed August 12, 1997.
12. Respondent requests judicial notice of a SPECIFIC PROPOSITION OF INFERENCE demonstrated in the integration of EXHIBIT SIX with petitioner/respondents declarations, that the Medicine man intends to extend the conspiracy that Christopher A. Brown alleges in case 220298, into the life of respondents son Harry Potter Brown and continue to "inflict harmful hypnotic telepathy" on Harry Potter Brown, or upon others who will be influenced to present a threat to him, physically or emotionally, as described by the defendants attorneys words of EXHIBIT SIX quoting complaint 220298. The potential of threat is derived by inference with the respondents declaration below.
California Evidence Code section 452
(h) Facts and propositions that are not reasonably subject to dispute.........
The second page of EXHIBIT SIX at lines 1-4,
"This tort action arises out of a claim by plaintiff Christopher Brown that Defendant Medicine man inflicted "harmful hypnotic telepathy" on him from 1959 to "present."
DECLARATION OF CHRISTOPHER A. BROWN
I Christopher A. Brown Declare that in 1966 while a student at Santa Barbara Junior high school an incident was triggered by my teenage friend, a Chumash native, involving perhaps fifteen other students in front of the vice principals office to chant, fight, fight, fight, fight and their was no fight although I was suspended, and that there were two other incidents caused by post hypnotic instruction that led to permanent expulsion from the Santa Barbara high school system.
Date;
Christopher A. Brown
DECLARATION OF CHRIS BROWN
13. I Christopher Brown declare under the penalty of perjury under the laws of the State of California that I did not and have never used the word telepathy prior to September 8, 1998 and that the word is introduced by the defendant as derived by inference from the plaintiffs answers to form interrogatories and requests for admissions.
Date;
Christopher A. Brown
14. Respondent requests judicial notice of a SPECIFIC PROPOSITION OF INFERENCE pursuant to California Evidence Code section 452(h). The text of the second page of EXHIBIT SIX does not contain a denial of the plaintiffs assertions or allegations in case 220298 and that the absence of the denial, with consideration of the seriousness of the allegations, infers that the plaintiffs allegations of 220298 are the facts. The opening statement does contain a compiled description of the hypnotic activities derived from plaintiffs answers to interrogatories and requests for admissions, facts totally unnecessary to the defense although their presence in the opening statement supports the defense attorney quotation of plaintiffs assertions of lines 7-11 and it states that the descriptions;
"would not constitute a cause of action".
DECLARATION OF CHRIS BROWN
I Declare under penalty of the laws of perjury under the laws of the State of California that the foregoing is true and correct.
Date;
Chris Brown
Christopher A. Brown