DORIS M. RICH

Plaintiff

-against-

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

Defendants.

_____________________________________________________

MOTION FOR AN ORDER TO SHOW CAUSE, A TEMPORARY RESTRAINING ORDER AND A PRELIMINARY AND PERMANENT INJUNCTION

______________________________________________________

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

1. I am presently being pursued by one James A. Moore, a man whom I have never met or spoken to, but who is seeking to physically restrain and confine me. Mr. Moore claims to be acting under a directive entered by Judge R. Michael Smith of the Solano County Superior Court. However, I have never been afforded an opportunity to testify or to put on evidence before Judge R. Michael Smith. I believe that Judge Smith has been paid bribes and other inducements to have all my financial assets confiscated. I have a net worth of approximately one and a half million dollars. I am 89 years old, but am fully competent mentally. I am prepared to appear before any competent medical examiner or psychiatrist to prove my competency. I am presently undergoing evaluation by the UCSF Medical Center so that I can produce evidence to prove my competency. I have appointments scheduled for Monday, January 9 and Tuesday, January 10 at the UCSF Medical Center. Mr. Moore intends to prevent me from attending my medical appointments. He knows that the results of the test will prove that I am fully fit mentally and physically. Mr. Moore has a financial interest in preventing me from keeping my appointments, because he is being paid on an hourly basis from my money and my bank accounts to chase me around the streets of San Francisco, as he has been doing for the past several days.

2. On December 2, 1994, Judge R. Michael Smith, corruptly and without jurisdiction, appointed Mr. Moore as the conservator of my estate. I was present in court when this happened. There was no hearing or taking of evidence. I was not called to testify. No doctors or other expects offered any testimony that I was not mentally competent. Accordingly, there was no jurisdiction and no factual basis for Judge Smith to take away my civil rights. Nevertheless, he did so anyway.

3. After the court session, I was instructed to be taken home by my son, Neel Rich, who had brought the conservatorship proceeding. My son was very pleased with himself that he was finally, he believed, going to have unrestricted access to my money, which has been denied to him for so long. My other daughter, Myrna, who has never had a job since she was a teenager and who has been sponging off of me for her entire life, was also pleased with this development. Thereafter, an altercation developed between myself, Myrna and Neel. As a result, late that evening, after Myrna had left me alone, I called my other daughter, Arden Rich, told her that I could not bear to live in my house for any longer, and asked her to come and pick me up. I called at least ten times that evening with this request.

4. The next morning Arden finally did, in fact, pick me up. This infuriated Myrna and Neel, who felt that they were thereby being robbed of their glorious court victory. It is clear that what Neel and Myrna really want is to write one of their siblings out of my will, so that they will inherit all of my money. For this reason, they immediately went back to court and demanded my arrest and incarceration.

5. Previously, in October, 1994, I was assaulted by my daughter, Myrna Rich. Myrna hit me on the head with her fist and also twisted my thumbs, to such an extent that my thumbs are still partially black and blue. My head was hurting for two days after this incident.

6. This is not the first time that I have been assaulted by Myrna. On one occasion, I was dragged across the lawn by Myrna and my feet were injured. On another occasion, Myrna threw the telephone at me.

7. I have complained to the Vallejo Police about this and the police have taken a report. The case number is 94-25587. The police officer is badge number 504. I subsequently made a similar complaint to the San Francisco Police Department.

8. On January 6, 1995, I applied for and obtained a temporary restraining order and order to show cause restraining Myrna from further acts of physical violence. This order was signed by Judge Thomas J. Mellon, Jr. Nevertheless, this in no way supersedes the order for my civil arrant. more than that, Mr. Moore states that it is his intention forcibly to return me to the house at 733 York street in Vallejo from which I fled. This will put me back in the same house with Myrna, who will have free license to abuse me some more.

9. Unless this temporary restraining order is granted, I will be prevented from keeping my medical appointments at UCSF and I will be forced back into the same abusive situation from which I am trying to escape. The other possibility is that I will be confined to a nursing home or similar facility, which I do not want either.

WHEREFORE, it is respectfully prayed that this motion for a temporary restraining order and a preliminary injunction against any of the defendants or their attorneys or agents from picking me up or transporting me against my will or otherwise interfering with my civil rights be granted.

Subscribed and sworn this 9th day of January, 1995

________________________
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 Petition for Rehearing by Doris M. Rich, see: Petition for Rehearing . 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 .