Albert L. Peia, Pro Se

P.O. Box 862156

Los Angeles, CA 90086






Albert L. Peia,Plaintiff )     Case No. 02E07192   

            -vs-         )

  Bernal P. Ojeda, et als)        Plaintiff’s

  and John Does 1 – 10,  ) Declaration and Exhibits In   

              Defendants ) Opposition to Defendant ojeda’s      

-------------------------  Motion to Set Aside Default and    

                           Order Striking Answer;

                         REQUEST FOR CRIMINAL REFERRAL OF  


                                  AND DEFENDANT OJEDA’S CONSPIRACY TO COMMIT

                                                      AND AIDING AND ABETTING SAID PERJURY .   



   I, Albert L. Peia, hereby certify and declare under


penalty of perjury as follows: 



1.     I am the pro se plaintiff in the present matter and if


called upon to testify I could and would competently


testify (truthfully) to the following facts of my own


personal knowledge.


2. It should be noted at the outset that in accordance


with the order of the Honorable GREGORY KEOSIAN, JUDGE,


Exhibit “A”, plaintiff proceeded with the default judgment


which by way of scheduled prove-up hearing was entered in


plaintiff’s favor on December   , 2004, Exhibit “B”.


3. As set forth hereinafter, the facts underpinning the


entry of said judgment evince a brazened disregard of the


both the law, civil and criminal, as well as canons of


ethics governing attorneys as purported officers of the


court on the part of defendant ojeda, and a lack of good


faith, militating against defendant ojeda’s requested


relief herein.


4. It appears from the letter of dearenosa dated 2-21-04,


Exhibit “C”, that ojeda had discussed the question of


service in the federal case (mailed with acknowledgement


of service) with dearenosa and was aware of perjuriously


false nature of dearenosa’s declaration, Exhibit “D”.


5. Moreover, said perjuriously false declaration was


(probably prepared,) witnessed at and mailed in an


envelope from the office defendant ojeda which they


apparently shared, Exhibit “E”.


6. The outrageous and culpable wrongful conduct has


previously been sanctioned by this court. Indeed, this


“good liar”/”bad liar” scenario foisted off upon this


court once again defies credulity and represents another


sham/fraud upon this court.


7. CCP §473 under which defendant ojeda yet again moves


this court does not dispense with the requirement of


diligence. Indeed, reasonable diligence might be said to


have warranted defendant ojeda to seek new counsel or pro-


ceed in pro per after the first similar purported


defalcation of duty, and as well in light of other


inappropriate behavior previously sanctioned by this




8. At the hearing on the scheduled trial date,9-8-04,


before Judge Keosian, defendant ojeda was specifically


asked by the Court if he wanted to proceed in pro per,


which he declined. It should be noted that defendant ojeda


had no difficulty reaching the office of dearenosa.


9. Defendant ojeda was aware of the OSC returnable on 10-


13-04 but neither he nor dearenosa appeared nor did ojeda


attempt to secure counsel nor proceed in pro per. Again,


reasonable diligence would reasonably have required at


least defendant ojeda picking up a phone, especially under


all of the circumstances, before wasting the court’s


resources and time.


10. No response was filed by either dearenosa or ojeda. As


a purported “attorney/officer of the court”, defendant


ojeda was well aware of the potential for sanctions,


particularly given the history of this case. This case


itself involves outrageous, wrongfully culpable conduct


evidencing ojeda’s unfitness to practice law. Both ojeda


and dearenosa should be disbarred.


11. This is the third sanction upon dearenosa for brazenly


and flagrantly disregarding orders of court in this case,


as well as sanctions in a separate matter involving both


defendant ojeda and dearenosa.


12. The date set forth in the subpoena referenced in


dearenosa’s declaration is September 15, 2004, a week


after the scheduled trial date. DeArenosa is a known


perjurer to this court and apparently continues to act as


a “shill” for defendant ojeda.


13. Dearenosa is a known perjurer to this Court.


14. Defendant ojeda, apparently sharing an office with


dearenosa aided and abetted and conspired to perpetrate


the perjury of dearenosa and fraud upon this court,


Exhibit “E“, by way of the perjuriously false declaration


which was (probably prepared,) witnessed at and mailed in


an envelope from the office defendant ojeda.


15. Defendant ojeda is clearly within the ambit of aiding


and abetting culpability inasmuch as (1) he was associated


with the wrongful conduct (the perjury of which he was


aware, sending the perjurious declaration from his office


and having consulted with defendant dearenosa regarding


plaintiff’s declaration in support of motion to enter


default judgment) (2) participated in it with intent to


bring it about and (3) sought by his actions to make it


succeed, which efforts continue to this day and are a sham


and fraud upon the court causing plaintiff damage thereby.


    For all of the foregoing reasons it is respectfully


submitted that:


Defendant ojeda’s Motion         

                         to Set Aside Default and

                         Order Striking Answer be DENIED;



                                  AND DEFENDANT OJEDA’S CONSPIRACY TO COMMIT



  I declare under penalty of perjury pursuant to the


laws of the state of California and the United States of


America that the foregoing is true and correct. 


Dated: December    , 2004    


                Respectfully Submitted by and



                     Signed: _____________________________

                                 Albert L. Peia, Pro Se



     I, Albert L. Peia, hereby certify that a copy of          Plaintiff’s Declaration and Exhibits In Opposition to Defendant ojeda’s Motion to Set Aside Default ;

REQUEST FOR CRIMINAL REFERRAL OF  DEFENDANT DE ARENOSA’S CLEAR CRIME OF PERJURY AND DEFENDANT OJEDA’S CONSPIRACY TO COMMIT AND AIDING AND ABETTING SAID PERJURY and exhibits, have been served by regular first class U.S. mail, postage prepaid, on this _____ day of December,  2004, upon the following: 

             bernal p. ojeda

             13655 Victory Blvd., Suite 204

             Van Nuys, CA 91401


Dated: 12-  -04        Signed:_____________________________

                                  Albert L. Peia, Pro Se