DORIS M. RICH

Plaintiff

-against-

JOHN D. O'HARA, R. MICHAEL SMITH, NEEL S. RICH, MYRNA RICH, BETH RHEA and JAMES A. MOORE

Defendants.
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C95 0088 CW

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PETITION FOR A REHEARING FROM THE ORDER OF THIS COURT DENYING AN ORDER TO SHOW CAUSE, A TEMPORARY RESTRAINING ORDER AND A PRELIMINARY AND PERMANENT INJUNCTION AND DISMISSING THIS CASE

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DORIS M. RICH, being duly sworn, deposes and says:

1. On January 9, 1995, I filed this case. This court dismissed it immediately. This court stated that I should apply to the appellate courts of this state. However, I believe that this court has misunderstood the gravity of the situation.

2. The appellate court docket is such that an appeal can be expected to take one and a half years. By that time, I may be dead, as I am now 89 years old. More than that, the ex-party orders appointing, without due process of law, James A. Moore as the temporary conservator of both my estate and my person are non-appealable, and thus there is no appellate remedy available at all.

3. Furthermore, I have been forced to go into hiding because the temporary conservator has been actively trying to kidnap me. On the morning of January 9, 1995, just as I was leaving my home and on my way to the federal courthouse to file this case, Mr. Moore accosted me and tried to take me by force. I told him that I would slap his face if he did not get out of my way. I then got into a waiting taxi. There followed a high speed auto chase with Mr. Moore following closely behind. My driver finally lost him in San Francisco traffic. My taxi driver then took me to the federal courthouse through the security entrance in the basement of the building at 450 Golden Gate Avenue, so I was able to get into the clerk's office without being detected. This is the only reason that I was able to file this case.

4. Under these circumstances, it is unsafe for me to return to my home in San Francisco. I own about a dozen houses and buildings in Vallejo and Benicia, but obviously I cannot go there either. I cannot even return to my previous home at 733 York Street in Vallejo, because my daughter, Myrna, and her beloved schizophrenic boyfriend, Ralph, have, without permission, changed the locks on my doors and have placed a big German Shepard guard dog in my living room, to attack me in the event that should I try to re-enter. Thus, I have no place to go and have become a "fugitive" from "justice", even though I have never been charged, much less convicted, of any crime.

5. Under these circumstances, I clearly have the right to federal habeas corpus, which is guaranteed by the Constitution of the United States.

6. The decision of this court not only fails to help me but makes my predicament considerably worse. Now, the defendants are secure in the knowledge that they are immune from any sort of federal lawsuit arising from their illegal actions. This will make them bolder and more inclined to violate my civil rights.

7. At a minimum, this court should allow me to replead my case. It is outrageous for my complaint to be dismissed and forever barred without further inquiry by this court into its own jurisdiction.

WHEREFORE, for all of these reasons, this petition for a rehearing should be granted and, upon rehearing, the decision of this court should be reversed.

Subscribed and sworn this 11th day of January, 1995

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Doris M. Rich

For the Story of Doris M. Rich, see: Under House Arrest at Age 90 . For the federal complaint by Doris M. Rich, see: Suit by Doris M. Rich . For the Motion by Doris M. Rich for a Temporary Restraining Order, see: Doris TRO. For the complaint by Doris M. Rich to the California State Bar, see: Complaint to the State Bar . For the complaint to the San Francisco Grand Jury, see: Complaint to the Grand Jury . For the refutation to the report of the Court investigator, see: Answer to Report of Beth Rhea . For the opening brief of Doris M. Rich, see: Opening Brief .