Preview
ELECTRONICALLY FILED
Superior Court of California,
County of Placer
10/26/2020
Steven Palos By: LaurelSanders, Deputy Clerk
8020 Walerga Road #1210
Antelope, CA. 95843
Tel: 916-792-9678
In Pro Per
SUPERIOR COURT OF CALIFORNIA
COUNTY OF PLACER
Anthony Palos ) Case No.: SCV-0020322
)
Orange Capital Solutions (Assignee) ) Defendant’s opposition AMENDED to
) Plaintiff's (assignee’s) notice of motion
Plaintiff, ) and motion to set aside default and
) default judgment orders.
vs. )
)
Steven Palos, ) Date: October 29, 2020
)
Defendant Time: 8:00 a.m.
Dept: 30
14
15
Defendant Steve Palos submits the following opposition to Plaintiff’s notice of
16
motion and motion to set aside default and default judgment orders.
LF:
A. This case was set aside and quashed with prejudice (Attachment A). This case
18
was “dismissed with prejudice" and forbids a party to refile the case. Anthony Palos
19
cannot refile this claim or collude with his collection agency try and make the same
20
case that has already been proven fraudulent in a court of law. This conclusion was
21
reached because of fraudulent misconduct on the part of the Plaintiff Anthony Paios.
22
As a result, the default was set aside and voided (Attachment B) and the service of
23
the summons was quashed (Attachment C).
24
B. Anthony Palos signed a contract with Orange Capital Solutions, a collection
25
agency, giving them the sole right to collect the judgment money and interest only.
26
The contract signed prohibited Anthony Palos from assigning any other collection
27
agency the right to collect the judgment money. The contract also prohibited Anthony
28
Palos from negotiating a settlement directly with the Defendant Steven Palos. That was
the extent and only interest that Orange Capital Solutions had in this case between
the Plaintiff Anthony Palos and the Defendant Steven Palos. Orange Capital Solutions
only had the authority to collect debt as all collection agencies do.
c. There was no monetary settlement in this case as Orange Capital Solutions
believes and states in the declaration of support (Attachment D - declaration of
Steven Shumway previous attorney of Anthony Palos). There would be no need for a
monetary settlement in a case in which the Plaintiff Anthony Palos committed fraud and
abuse of process.
D. This case was set aside and quashed with prejudice due to proof that a
fraudulent proof of service was filed against the Defendant Steven Palos. Anthony
Palos had filed a proof of service claiming that Aaron Campbell served the Defendant
Steven Palos when Aaron Campbell was in prison serving a 70-month term (Attachment E
pages 1-7).
E. Plaintiff Anthony Palos then claimed it was Aaron Campbell senior that
served the Defendant Steven Palos. Defendant Steven Palos’ attorney, Sean Gavin, was
16 able to find Aaron Campbell’s father and his name is not even Aaron Campbell.
17 Therefore, there is no Aaron Campbell senior. His name is Kenneth Jaye Campbell.
18 Kenneth Jaye Campbell provided a declaration (Attachment F pages 1-2) to the court
19: stating he did not serve the Defendant Steven Palos and he also appeared in person.
20 Upon meeting Kenneth Jaye Campbell Steven Shumway, Plaintiff Anthony Palos’ attorney,
1. spoke with Anthony Palos and a stipulation was made to dismiss the case with
ae. prejudice.
a. F. David McCarthy dba Orange Capital Solutions was made aware of all of the
24 court dates by Defendant Steve Palos’ attorney at the time, Sean Gavin, and he chose
25 not to take part in the court procedures.
26 G. David McCarthy dba Orange Capital Solutions not only was aware of the court
27 dates but he was aware that the case against Defendant Steven Palos was fraudulent and
28 agreed to pay the money he garnished back. Had he not been aware of the case going on
and the fact that Anthony Palos had sold him a fraudulent judgment he would not have
agreed to pay Defendant Steven Palos back (Attachment G).
H. This was a case between Defendant Steven Palos and Plaintiff Anthony Palos.
The defendant Steven Palos had the legal right to defend oneself against a fraudulent
Judgement filed against him by the Plaintiff Anthony Palos. David McCarthy dba Orange
Capital Solutions had no interest in this matter other than the right to collect the
monetary portion of the judgement for the Plaintiff Anthony Palos. David McCarthy dba
Orange Capital Solution’s authorization was not needed by Defendant Steven Palos to
protect oneself from a fraudulent lawsuit. However, Plaintiff Anthony Palos may have
10 been required to contact David McCarthy dba Orange Capital Solutions if there was a
ii monetary settlement according to the contract terms but there was no monetary
ae settlement in this case (see again declaration Steven Shumway). This case was
a3 dismissed and voided with prejudice due to fraud and abuse of process. Anthony Palos
14 knowingly and willingly contracted with Orange Capital Solutions and gave them a
fraudulent and illegal judgment.
16 t. David McCarthy dba Orange Capital Solutions makes an untruthful statement in
17 his motion that states Aaron Campbell and his father share the same name. They do not.
18 Aaron Campbell's father is Kenneth Jay Campbell and David McCarthy is fully aware of
3 this fact. Kenneth Jaye Campbell is not Aaron Campbell and this has already been
20 proven in court and to David McCarthy of Orange Capital Solutions.
21
22
23
Dated this 26th day of October, 2020]
24
25.
26
=i
28
*) Attcennente A
a
SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER
Date; February 7,2019 Time: 1:29 PM
Judge: Todd Irby Dept: Department32
Reporter: No Court Reporter Clerk: Ashley McMahon
a
we 4
Palos,Anthony et al.vs.Palos, Steven Keown Always Zi Present aap
| a
| As J
Sean
i
Coat oprresom gla
(1 And related Cross Action(s) = |Case # S-CV-0020322
Law and Motion Minutes
Proceedings RE: Motion: Reconsiderationé @uAs 4
(J Dropped. C] continued to. [] by Plaintiff[5] by Defendant
[by Stipulation [1] by Court
(2 Matter argued and submitted.
[7]submitted on points and authorities without [_]argument [C]appearance.
(1 Motion/Petition granted. [7]Motion/Petition denied,
(] Demurrer [J sustained [1] overruled (] without [] with teave to [J amend [Janswer.
(1)counsel appointed for:
(7)Taken under submission.
(2)Debtor is sworn and retired with counsel for examination.
(1 Stipulation to(Judge Pro Tem []commissioner executed inopen court.
C1]counsel for to prepare the written order and submit itto opposing counsel for approval as
to content and form.
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Attadament Gel
W. STEVEN SHUMWAY, ESQ. CSB #119351
3400 Douglas Blvd., Suite 250
Roseville, California 95661
(916) 789-8821 FILED
WH
Superior Court of California
FAX (916) 789-2083 Coun of ty
Placer
sshumway@shumwaylaw.com
MAR 13 2019
Bb
Attorney for Plaintiff . dake
ANTHONY PALOS Chatters
Executive Officer & Clerk
By: O. Lucatuorto, Deputy
an
4a
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER”
10
11 ANTHONY PALOS, CASE NO. SCV0020322
12 Plaintiff, ORDER GRANTING MOTION TO SET
13 vs.
ASIDE
DEFAULT
DEFAULT
JUDGMENT
AND VOID
PURSUANT TO
14, STEVEN PALOS,
STIPULATION
15 Defendant.
DATE:
TIME:
2/7719
1:30 p.m.
16 The hearing on Defendant's
L DEPT.
motion to
32
set aside default and
47 void default judgment came on regularly for hearing. Sean Gavin
18 appeared on behalf of Defendant Steven Palos, W. Steven Shumway
19 appeared on behalf of Plaintiff, Anthony Palos.
20 The parties having stipulated in open court that Defendant's
21 motion to set aside default and void default judgment issued in
22 this case should be granted:
23 IT IS HEREBY ORDERED that Defendant’s default is set aside
24 and the default judgment is declared void.
25 IT IS FURTHER ORDERED that all moneys taken from Defendant
26 Steven Palos though a writ of execution served on his employer by
27 the Sacramento County Sheriff's office, Levy No. 2018-017198 are
28 to be returned to him within 30 days of the filing of this order
Palos/Falos
Okder Granting Motion to Set Aside Default
and the Levy is terminated.
IT IS ORDERED that BHC-Heritage Oaks Hospital, Inc. shall
won
release and return to Defendant Steven Palos, all moneys still
held in its possession pursuant to the Levy (estimated to be
B
$865.09).
w
IT IS ORDERED that Sacramento County Sheriff shall release
Dn
and return to Defendant Steven Palos, all moneys still held
YI
in
| its possession pursuant to the Levy (estimated to be $807.92).
IT IS ORDERED that Orange Capital Solutions shall return to
10 Defendant Steven Palos the balance of the funds withheld from
Td Defendant which total $3,119.58. Orange Capital Solutions shall
12 send its check payable to Steven Palos to the law office of W.
as} Steven Shumway, 3400 Douglas Blvd., Suite 250, Roseville,
14 California 95661.
1S IT IS ORDERED that Plaintiff, Anthony Palos shall file a
16 dismissal of this lawsuit within 10 days of receipt by Steven
17 Palos of all funds listed above.
Approved as to form and content:
a>
—— i
Ss Sart; ACCOLNe YF
teven Palos
4
Dated: ‘Todd D ry
Todd D. Irby, Judge of the
Z\A1\4 Placer County Superior Court
Palos/Palos O%der Granting Motion to Set Aside Default
W. STEVEN SHUMWAY, ESQ. CSB #119351
3400 Douglas Blvd., Suite 250
Roseville, California 95661 FILED
(916) 789-8821 Superior Court
WN
FAX (916) 789-2083 9f,Callfornta
Connyms
sshumway@shumwaylaw.com
MAR 13 2019
b
Attorney for Plaintiff
ANTHONY PALOS Jake Chatters
Executive Officer & C terk
y: :
4a
O. Lucatuor to, Deputy
an
ory
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
10
11 ANTHONY PALOS, CASE NO. SCV0020322
12 Plaintiff, ORDER GRANTING MOTION TO
QUASH SERVICE OF SUMMONS
3: vs. PURSUANT TO STIPULATION
14 STEVEN PALOS, DATE: 277/19
TIME: 1:30 p.m.
15 Defendant. DEPT. 32
16 The hearing on Defendant’s motion to quash service of
17 summons came on regularly for hearing. Sean Gavin appeared on
18 behalf of Defendant Steven Palos. W. Steven Shumway appeared on
19 behalf of Plaintiff, Anthony Palos.
20 The parties having stipulated in open court that Defendant’s
21 MOCLONIES qoash service of the summons issued in this case should
22 be granted:
23 If IS HEREBY ORDERED that service of the summons is quashed.
24 IT IS FURTHER ORDERED that all moneys taken from Defendant
25 Steven Palos though a writ of execution served on his employer by
26 the Sacramento County Sheriff's office, Levy No. 2018-017198 are
21 to be returned to him within 30 days of the filing of this order
28 and the Levy is terminated.
Palos/Palos 1 Order Granting Motion to Quash Summons
If IS ORDERED that BHC-Heritage Oaks Hospital, Inc. shall
release and return to Defendant Steven Palos, all moneys still
won
held in its possession pursuant to the Levy (estimated to be
$865.09).
IT IS ORDERED that Sacramento County Sheriff shall release
and return to Defendant Steven Palos, all moneys still held in
its possession pursuant to the Levy (estimated to be $807.92).
IT IS ORDERED that Orange Capital Solutions shall return to
Defendant Steven Palos the balance of the funds withheld from
Defendant which total $3,119.58. Orange Capital Solutions shall
send its check payable to Steven Palos to the law office of W.
1 Steven Shumway, 3400 Douglas Blvd., Suite 250, Roseville,
1) California 95661.
14 IT IS ORDERED that Plaintiff, Anthony Palos shall file a
15 dismissal of this lawsuit within 10 days of receipt by Steven
16 Palos of all funds listed above.
Approved as to form and content:
Z Vi go |
_Se3
Sean. Gavin,.Atkernéy for
&
Todd D. Irby
Dated: . =
a 3° 12-17 Todd D. Irby, Judge of the
Placer County Superior Court
25
26
27
28
2 Order Granting Motion to Quash Summons
Ditichenent D- |
W. STEVEN SHUMWAY, ESQ. CSB #119351
3400 Douglas Blvd., Suite 250
Roseville, California 95661
(916) 789-8821
FAX (916) 789-2083
sshumway@shumwaylaw rn
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
ANTHONY PALOS, CASE NO. SCV0020322
Plaintiff, DECLARATION OF W. STEVEN
SHUMWAY IN SUPPORT OF
vs. DEFENDANT’S OPPOSITION TO
MOTIO TO SET ASIDE DEFAULT
STEVEN PALOS, AND DEFAULT JUDGMENT ORDERS
Defendant. DATE: 10/29/2020
/ TIME: 8:00 a.m.
DEPT. 30
I, W. Steven Shumway declare:
I am an attorney licensed to practice before this court. I
was the attorney of record for Anthony Palos from October 2017
through January 2019.
I have personal knowledge of the statements contained in
this declaration and if called to testify, I would affirm the
truthfulness of the statements.
L. The court entered an order in February 2019, quashing
the summons against Steven Palos thereby rendering the judgment
void.
2 The settlement of the dispute between Anthony Palos and
Steven Palos did not contain any provisions for the payment of
L Declaration
money by either party. To my knowledge, neither party paid any
money to the other party in connection with the settlement of
won
this case.
I declare under penalty of perjury under the laws of the
State of California.
Dated: /p- gf-2020
10
il
12
13
14
15
16
18
19)
20
24,
22
23
24
25
26
27
28
Case: 4:04-cr-00382-JCH Doc. #: 44-6 Filed: 07/08/04 Page: 1 of 1 PagelD #: 83
USDC-EDMO ; — 2
CRIMINAL CASE COVER SHEET Attacinent EB \T
INDICTMENT
Division of Filing: County of Offense: Matter to be Sealed: Type of Charge:
Eastem EDMO No Felony
Defendant Information:
Defendant’s Name AARON CAMPBELL _ as 04CR00 382
Alias Name
Birthdate 12/30/79 _
1c,
Social Security No. Se 3998
Related Case Information:
Superseding Indictment/Information? __ Yes _X No If yes, original case number:
Is this a New Defendant in the Superseding Indictment/Information? __ Yes ~&_ No
Prior Complaint? _— Yes X_ No If yes, Complaint No.
Complaint: __ Pending __ Dismissed
Defendant has had an appearance before a Magistrate? __ Yes _X__No Ifyes, Magistrate name:
Victim-Witness Act applies: _No
Name of AUSA: James C, Delworth
Ageney/Agent: _DEA S/A Brad Byerley _
Recommended Bond/Detention: $10,000 secured bond
Interpreter Needed:
_ Yes Language and/or dialect
-X_No
___ Not known at this time
Location Status:
Arrest Date
__ Currently in Federal Custody
___ Currently in State Custody Wnit required __ Yes No
__. Currently on bond setby Court
_X_ Defendant not in custody
U.S.C, Citations and Total # of Counts against this Defendan'
ease Charged
fiiey iis
Conspiracy to possess with mtent to distribute i I nlt 10 yrs. and nmt life;F omt
methamphetamine and marijuana $4,000,000 of
both: SR nlt 5 yrs.;
SA $100/count/defendant
21:841a1.F Possession with intenttodistributemarijuana Ww I nlt 10 yrs. and nmt life;F omt
$4,000,000 or both; SR nlt 5 ys.;
SA $100/count/defendant
Return Date 07/08/2004_ Signature of AUSA races C Dale th _
Case: 4:04-cr-00382-JCH Doc. #: 160 Filed: 10/28/05 Page: 1 of 7 PagelD #: 302
AG 2458(Rev.
06/05)
‘Sheet
}~JudgmentinaCriminalCase EL
United States District Court
Eastern District of Missouri
UNITED STATES OF AMERICA
y. JUDGMENT IN A CRIMINAL CASE
AARON CAMPBELL CASE NUMBER: 4:04CR382 JCH
USM Number: 12325-0273
THE DEFENDANT: Brian Witherspoon
Defendant's
Attorney
ha) pleaded guiltyto count(s) 3
oO pleaded nolo contendere to count(s)
which was accepted by the court.
1)
The
sae eyideeiasen
fi il
sqm
t
-
defendant is adjudicated guilty of these offenses:
Date Offense Count
Title & Section Nature of Offense Concluded Numbey(s)}
21 USC 841(a)(1) Possession With IntenttoDistribute Marijuana 2/24/04 3
The defendant is sentenced as provided in pages 2 through _6__of thisjudgment. The sentence isimposed pursuant
to the Sentencing Reform Act of 1984. ——
oO The defendant has been found not guilty on count(s)
& Count(s) 1 is dismissed on the motion of the United States.
IT IS FURTHER ORDERED thetthedefendant shallnoti! ify
the United StatesAttomey forthisdistrictwithin30 daysof any change of
name, residence,or mailing address untilallfines,restituti ion,
costs,and specialassessments imposed by thisjudgment sre fullypaid. IF
ordered to pay restitution,
thedefendant must notifythe court and United Statesattorney of materialchanges ineconomic circumstances.
October 28, 2005
Date of Imposition of Judgment
eyature ofIudge
Honorable Jean C. Hamilton
United States District
Judge
Name & Titleof Judge
October 28, 2005
Date signed
Record No.: 17
Case: 4:04-cr-00382-JCH Doc. #: 160 Filed: 10/28/05 Page: 2 of 7PagelD #: 303
AQ 24SB(Rev..06/05} __Judgmentin
CriminalCase___Sheet 2~ Imprisonment
Judgment-Page __2 or 6
DEFENDANT: AARON CAMPBELL
CASE NUMBER: 4:04CR382 JCH £-?
District: Eastern Districtof Missouri
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for
a totalterm of 79 months
& ‘The court makes the following recommendations tothe Bureau of Prisons:
To the extent thedefendant is qualifiedand space isavailable,it isrecommended he be allowed toserve his termof incarcerationatthe
Bureau ofPrisons facilityasnear to Sacramento, CA as possible.Itisalso recommended the defendant be screened forthe 500 hour
Intensi¥e Drug Treatment Program.
Ki The defendant isremanded to the custody of the United States Marshal.
a The defendant shallsurrender to the United StatesMarshal forthis district:
oO at a.m./pm on
O as notified by the United States Marshal.
Oo The defendant shall surrender for service of sentence at the institutiondesignated by the Bureau of Prisons:
Oo before 2 p.m. on
4 as notified by the United States Marshal
O as notified by the Probation or PretrialServices Office
MARSHALS RETURN MADE ON SEPARATE PAGE
Case: 4:04-cr-00382-JCH Doc. #: 160 Filed: 10/28/05 Page: 3 of 7 PagelD #: 304
AO 245B(Rev.
96/05)_ Judgment
inCriminalCase Sheet
3 « Supervised
Reletse
Sudgment-Page 3 or §
DEFENDANT; AARON CAMPBELL i
CASE NUMBER: 4:04CR382 ICH E- |
District: Eastern Districtof Missouri
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shal! be on supervised release for aterm of 4 years
The defendant shall report to the probation office in the districtto which the defendant is released within 72 hours of
release from the custody ofthe Bureau of Prisons.
The defendant shallnot commit another federal, state,or local crime.
The defendant shallnot illegallypossess a controlled substance.
The defendant shallrefrainfrom any unlawful use of. controlledsubstance. The defendant shallsubmit toone drug testwithin
15 days of releasefrom imprisonment and atleasttwo periodic drug teststhereafter,
as directedby the probation officer.
Ol The above drug testingcondition is suspended based on thecourt'sdetermination that thedefendant poses a low risk
of futuresubstance abuse. (Check, if applicable.)
BX) The defendant shall notpossess a firearm asdefined in 18 U.S.C. § 921. (Check, ifapplicable.)
[The defendant shall cooperate inthe collectionof DNA as directedby theprobation officer.(Check, ifapplicable)
The defendant shall registerwith thestatesex offender registrationagency inthe statewhere thedefendant resides,works, or isa
student,as directedby the probation officer.
(Check, if applicable.)
O The Defendant shallparticipatein anapproved program fordomestic violence.(Check, if applicable.)
Tfthisjudgment imposes afine ora restitution
obligation, it shal]
be acondition of supervised releasethatthe defendant pay in
accordance withthe Schedule ofPayments sheet of this
judgment
The defendant shallcomply with thestandard conditions thathave been adopted by thiscourtas well as withany additional
conditions on theattached page.
STANDARD CONDITIONS OF SUPERVISION
1)the defendant shallnot leave the judicial districtwithout thepermission of the court or probation officer;
2) the defendant shallreport to the probation officerand shallsubmit a truthfuland complete written report within the first
five days of each month;
3) thedefendant shall answer truthfullyallinquiriesby the probation officerand follow theinstructionsof theprobation officer;
4) the defendant shall support his or her dependents and meet other family responsibilities;
5) thedefendant shallwork regulerlyat a lawful occupation,unless exeused by theprobation officerfor schooling,training,orother
acceptable reasons;
6) thedefendant shallnotify theprobation officertendays prior toany change inresidence or employment;
7) thedefendant shallrefrain from excessive use ofalcohol and shallnot purchase, possess,use, distribute,
or administer any controlled
substance or paraphemalia related toany controlled substances,except as prescribed by aphysician:
8) the defendant shall not frequent places where controlled substances are illegallysold, used, distributed, or administered:
9) thedefendant shallnot assogiate with any persons engaged in criminal activity,
and shallnot associate withany person convicted
of afelony unless grantedpermission todo so by the probation officer,
10) the defendant shal}permit aprobation officer to visithim orher at any time athome or elsewhere and shallpermit
confiscation ofany contraband observed in plain view of the probation officer;
11) thedefendant shallnotify theprobation officer withinseventy-two hours of beingarrested orquestioned by alaw enforcement officer;
12) the defendant shall not enter into any agreement to act as an informer or aspecial agent of a law enforcement agency
without thepermission of the court;
{3} as directed by the probation officer,the defendant shall notifythird parties of risksthat may be occasioned by the
defendant's criminal record or personal history or characteristics,and shall permit the probation officerto make such
notifications and to confirm thedefendant's compliance with such notificationrequirement.
Case: 4:04-cr-00382-JCH Doc. #: 160 Filed: 10/28/05 Page: 4 of 7 PagelD #: 305
AQ 2448(Rev.
06/05) Judgmentin Criminal
Case ‘Sheet
JA- Supervised
Release
Judgment-Page 4 or
Preview
ELECTRONICALLY FILED Superior Court of California, County of Placer 10/26/2020 Steven Palos By: LaurelSanders, Deputy Clerk 8020 Walerga Road #1210 Antelope, CA. 95843 Tel: 916-792-9678 In Pro Per SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER Anthony Palos ) Case No.: SCV-0020322 ) Orange Capital Solutions (Assignee) ) Defendant’s opposition AMENDED to ) Plaintiff's (assignee’s) notice of motion Plaintiff, ) and motion to set aside default and ) default judgment orders. vs. ) ) Steven Palos, ) Date: October 29, 2020 ) Defendant Time: 8:00 a.m. Dept: 30 14 15 Defendant Steve Palos submits the following opposition to Plaintiff’s notice of 16 motion and motion to set aside default and default judgment orders. LF: A. This case was set aside and quashed with prejudice (Attachment A). This case 18 was “dismissed with prejudice" and forbids a party to refile the case. Anthony Palos 19 cannot refile this claim or collude with his collection agency try and make the same 20 case that has already been proven fraudulent in a court of law. This conclusion was 21 reached because of fraudulent misconduct on the part of the Plaintiff Anthony Paios. 22 As a result, the default was set aside and voided (Attachment B) and the service of 23 the summons was quashed (Attachment C). 24 B. Anthony Palos signed a contract with Orange Capital Solutions, a collection 25 agency, giving them the sole right to collect the judgment money and interest only. 26 The contract signed prohibited Anthony Palos from assigning any other collection 27 agency the right to collect the judgment money. The contract also prohibited Anthony 28 Palos from negotiating a settlement directly with the Defendant Steven Palos. That was the extent and only interest that Orange Capital Solutions had in this case between the Plaintiff Anthony Palos and the Defendant Steven Palos. Orange Capital Solutions only had the authority to collect debt as all collection agencies do. c. There was no monetary settlement in this case as Orange Capital Solutions believes and states in the declaration of support (Attachment D - declaration of Steven Shumway previous attorney of Anthony Palos). There would be no need for a monetary settlement in a case in which the Plaintiff Anthony Palos committed fraud and abuse of process. D. This case was set aside and quashed with prejudice due to proof that a fraudulent proof of service was filed against the Defendant Steven Palos. Anthony Palos had filed a proof of service claiming that Aaron Campbell served the Defendant Steven Palos when Aaron Campbell was in prison serving a 70-month term (Attachment E pages 1-7). E. Plaintiff Anthony Palos then claimed it was Aaron Campbell senior that served the Defendant Steven Palos. Defendant Steven Palos’ attorney, Sean Gavin, was 16 able to find Aaron Campbell’s father and his name is not even Aaron Campbell. 17 Therefore, there is no Aaron Campbell senior. His name is Kenneth Jaye Campbell. 18 Kenneth Jaye Campbell provided a declaration (Attachment F pages 1-2) to the court 19: stating he did not serve the Defendant Steven Palos and he also appeared in person. 20 Upon meeting Kenneth Jaye Campbell Steven Shumway, Plaintiff Anthony Palos’ attorney, 1. spoke with Anthony Palos and a stipulation was made to dismiss the case with ae. prejudice. a. F. David McCarthy dba Orange Capital Solutions was made aware of all of the 24 court dates by Defendant Steve Palos’ attorney at the time, Sean Gavin, and he chose 25 not to take part in the court procedures. 26 G. David McCarthy dba Orange Capital Solutions not only was aware of the court 27 dates but he was aware that the case against Defendant Steven Palos was fraudulent and 28 agreed to pay the money he garnished back. Had he not been aware of the case going on and the fact that Anthony Palos had sold him a fraudulent judgment he would not have agreed to pay Defendant Steven Palos back (Attachment G). H. This was a case between Defendant Steven Palos and Plaintiff Anthony Palos. The defendant Steven Palos had the legal right to defend oneself against a fraudulent Judgement filed against him by the Plaintiff Anthony Palos. David McCarthy dba Orange Capital Solutions had no interest in this matter other than the right to collect the monetary portion of the judgement for the Plaintiff Anthony Palos. David McCarthy dba Orange Capital Solution’s authorization was not needed by Defendant Steven Palos to protect oneself from a fraudulent lawsuit. However, Plaintiff Anthony Palos may have 10 been required to contact David McCarthy dba Orange Capital Solutions if there was a ii monetary settlement according to the contract terms but there was no monetary ae settlement in this case (see again declaration Steven Shumway). This case was a3 dismissed and voided with prejudice due to fraud and abuse of process. Anthony Palos 14 knowingly and willingly contracted with Orange Capital Solutions and gave them a fraudulent and illegal judgment. 16 t. David McCarthy dba Orange Capital Solutions makes an untruthful statement in 17 his motion that states Aaron Campbell and his father share the same name. They do not. 18 Aaron Campbell's father is Kenneth Jay Campbell and David McCarthy is fully aware of 3 this fact. Kenneth Jaye Campbell is not Aaron Campbell and this has already been 20 proven in court and to David McCarthy of Orange Capital Solutions. 21 22 23 Dated this 26th day of October, 2020] 24 25. 26 =i 28 *) Attcennente A a SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER Date; February 7,2019 Time: 1:29 PM Judge: Todd Irby Dept: Department32 Reporter: No Court Reporter Clerk: Ashley McMahon a we 4 Palos,Anthony et al.vs.Palos, Steven Keown Always Zi Present aap | a | As J Sean i Coat oprresom gla (1 And related Cross Action(s) = |Case # S-CV-0020322 Law and Motion Minutes Proceedings RE: Motion: Reconsiderationé @uAs 4 (J Dropped. C] continued to. [] by Plaintiff[5] by Defendant [by Stipulation [1] by Court (2 Matter argued and submitted. [7]submitted on points and authorities without [_]argument [C]appearance. (1 Motion/Petition granted. [7]Motion/Petition denied, (] Demurrer [J sustained [1] overruled (] without [] with teave to [J amend [Janswer. (1)counsel appointed for: (7)Taken under submission. (2)Debtor is sworn and retired with counsel for examination. (1 Stipulation to(Judge Pro Tem []commissioner executed inopen court. C1]counsel for to prepare the written order and submit itto opposing counsel for approval as to content and form. Bonewort] ferhiga aa pac. si ale on to ele al sues alee d AAG ae wt Pej udict- (1 The tentative ri ‘uling iswife sthe rallngof thé court, 6 He, Slumawary Hy Bee, other |7 nreishy Soa, he g 4 LA CCEMeth and ae Parkes 4p 40 gUasl fer Ce OF Susimons, garhes ty Ack ghide- he besFault 4 bee \ oe a talon Vid WAAL Bar Ral wets rdw Atouton Pato Nedurned 40 lum. Alt \ehatinade- Oates Woaen pu oe eee Alors 0 hodurm MOREL 4p Wt eur bs diveAl, Orange Ca pro! Lolidions 40 equ MoHer 49 Ww Abuain an oh pill turn Pelucn Ae Woreryia Sbven Patos pate ar , gy Ae 0 0 0 0 | p. UCLA ISM Matter will eae Seue yin Ceei v1 VINA Ay al funds back » u Attadament Gel W. STEVEN SHUMWAY, ESQ. CSB #119351 3400 Douglas Blvd., Suite 250 Roseville, California 95661 (916) 789-8821 FILED WH Superior Court of California FAX (916) 789-2083 Coun of ty Placer sshumway@shumwaylaw.com MAR 13 2019 Bb Attorney for Plaintiff . dake ANTHONY PALOS Chatters Executive Officer & Clerk By: O. Lucatuorto, Deputy an 4a IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER” 10 11 ANTHONY PALOS, CASE NO. SCV0020322 12 Plaintiff, ORDER GRANTING MOTION TO SET 13 vs. ASIDE DEFAULT DEFAULT JUDGMENT AND VOID PURSUANT TO 14, STEVEN PALOS, STIPULATION 15 Defendant. DATE: TIME: 2/7719 1:30 p.m. 16 The hearing on Defendant's L DEPT. motion to 32 set aside default and 47 void default judgment came on regularly for hearing. Sean Gavin 18 appeared on behalf of Defendant Steven Palos, W. Steven Shumway 19 appeared on behalf of Plaintiff, Anthony Palos. 20 The parties having stipulated in open court that Defendant's 21 motion to set aside default and void default judgment issued in 22 this case should be granted: 23 IT IS HEREBY ORDERED that Defendant’s default is set aside 24 and the default judgment is declared void. 25 IT IS FURTHER ORDERED that all moneys taken from Defendant 26 Steven Palos though a writ of execution served on his employer by 27 the Sacramento County Sheriff's office, Levy No. 2018-017198 are 28 to be returned to him within 30 days of the filing of this order Palos/Falos Okder Granting Motion to Set Aside Default and the Levy is terminated. IT IS ORDERED that BHC-Heritage Oaks Hospital, Inc. shall won release and return to Defendant Steven Palos, all moneys still held in its possession pursuant to the Levy (estimated to be B $865.09). w IT IS ORDERED that Sacramento County Sheriff shall release Dn and return to Defendant Steven Palos, all moneys still held YI in | its possession pursuant to the Levy (estimated to be $807.92). IT IS ORDERED that Orange Capital Solutions shall return to 10 Defendant Steven Palos the balance of the funds withheld from Td Defendant which total $3,119.58. Orange Capital Solutions shall 12 send its check payable to Steven Palos to the law office of W. as} Steven Shumway, 3400 Douglas Blvd., Suite 250, Roseville, 14 California 95661. 1S IT IS ORDERED that Plaintiff, Anthony Palos shall file a 16 dismissal of this lawsuit within 10 days of receipt by Steven 17 Palos of all funds listed above. Approved as to form and content: a> —— i Ss Sart; ACCOLNe YF teven Palos 4 Dated: ‘Todd D ry Todd D. Irby, Judge of the Z\A1\4 Placer County Superior Court Palos/Palos O%der Granting Motion to Set Aside Default W. STEVEN SHUMWAY, ESQ. CSB #119351 3400 Douglas Blvd., Suite 250 Roseville, California 95661 FILED (916) 789-8821 Superior Court WN FAX (916) 789-2083 9f,Callfornta Connyms sshumway@shumwaylaw.com MAR 13 2019 b Attorney for Plaintiff ANTHONY PALOS Jake Chatters Executive Officer & C terk y: : 4a O. Lucatuor to, Deputy an ory IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER 10 11 ANTHONY PALOS, CASE NO. SCV0020322 12 Plaintiff, ORDER GRANTING MOTION TO QUASH SERVICE OF SUMMONS 3: vs. PURSUANT TO STIPULATION 14 STEVEN PALOS, DATE: 277/19 TIME: 1:30 p.m. 15 Defendant. DEPT. 32 16 The hearing on Defendant’s motion to quash service of 17 summons came on regularly for hearing. Sean Gavin appeared on 18 behalf of Defendant Steven Palos. W. Steven Shumway appeared on 19 behalf of Plaintiff, Anthony Palos. 20 The parties having stipulated in open court that Defendant’s 21 MOCLONIES qoash service of the summons issued in this case should 22 be granted: 23 If IS HEREBY ORDERED that service of the summons is quashed. 24 IT IS FURTHER ORDERED that all moneys taken from Defendant 25 Steven Palos though a writ of execution served on his employer by 26 the Sacramento County Sheriff's office, Levy No. 2018-017198 are 21 to be returned to him within 30 days of the filing of this order 28 and the Levy is terminated. Palos/Palos 1 Order Granting Motion to Quash Summons If IS ORDERED that BHC-Heritage Oaks Hospital, Inc. shall release and return to Defendant Steven Palos, all moneys still won held in its possession pursuant to the Levy (estimated to be $865.09). IT IS ORDERED that Sacramento County Sheriff shall release and return to Defendant Steven Palos, all moneys still held in its possession pursuant to the Levy (estimated to be $807.92). IT IS ORDERED that Orange Capital Solutions shall return to Defendant Steven Palos the balance of the funds withheld from Defendant which total $3,119.58. Orange Capital Solutions shall send its check payable to Steven Palos to the law office of W. 1 Steven Shumway, 3400 Douglas Blvd., Suite 250, Roseville, 1) California 95661. 14 IT IS ORDERED that Plaintiff, Anthony Palos shall file a 15 dismissal of this lawsuit within 10 days of receipt by Steven 16 Palos of all funds listed above. Approved as to form and content: Z Vi go | _Se3 Sean. Gavin,.Atkernéy for & Todd D. Irby Dated: . = a 3° 12-17 Todd D. Irby, Judge of the Placer County Superior Court 25 26 27 28 2 Order Granting Motion to Quash Summons Ditichenent D- | W. STEVEN SHUMWAY, ESQ. CSB #119351 3400 Douglas Blvd., Suite 250 Roseville, California 95661 (916) 789-8821 FAX (916) 789-2083 sshumway@shumwaylaw rn IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER ANTHONY PALOS, CASE NO. SCV0020322 Plaintiff, DECLARATION OF W. STEVEN SHUMWAY IN SUPPORT OF vs. DEFENDANT’S OPPOSITION TO MOTIO TO SET ASIDE DEFAULT STEVEN PALOS, AND DEFAULT JUDGMENT ORDERS Defendant. DATE: 10/29/2020 / TIME: 8:00 a.m. DEPT. 30 I, W. Steven Shumway declare: I am an attorney licensed to practice before this court. I was the attorney of record for Anthony Palos from October 2017 through January 2019. I have personal knowledge of the statements contained in this declaration and if called to testify, I would affirm the truthfulness of the statements. L. The court entered an order in February 2019, quashing the summons against Steven Palos thereby rendering the judgment void. 2 The settlement of the dispute between Anthony Palos and Steven Palos did not contain any provisions for the payment of L Declaration money by either party. To my knowledge, neither party paid any money to the other party in connection with the settlement of won this case. I declare under penalty of perjury under the laws of the State of California. Dated: /p- gf-2020 10 il 12 13 14 15 16 18 19) 20 24, 22 23 24 25 26 27 28 Case: 4:04-cr-00382-JCH Doc. #: 44-6 Filed: 07/08/04 Page: 1 of 1 PagelD #: 83 USDC-EDMO ; — 2 CRIMINAL CASE COVER SHEET Attacinent EB \T INDICTMENT Division of Filing: County of Offense: Matter to be Sealed: Type of Charge: Eastem EDMO No Felony Defendant Information: Defendant’s Name AARON CAMPBELL _ as 04CR00 382 Alias Name Birthdate 12/30/79 _ 1c, Social Security No. Se 3998 Related Case Information: Superseding Indictment/Information? __ Yes _X No If yes, original case number: Is this a New Defendant in the Superseding Indictment/Information? __ Yes ~&_ No Prior Complaint? _— Yes X_ No If yes, Complaint No. Complaint: __ Pending __ Dismissed Defendant has had an appearance before a Magistrate? __ Yes _X__No Ifyes, Magistrate name: Victim-Witness Act applies: _No Name of AUSA: James C, Delworth Ageney/Agent: _DEA S/A Brad Byerley _ Recommended Bond/Detention: $10,000 secured bond Interpreter Needed: _ Yes Language and/or dialect -X_No ___ Not known at this time Location Status: Arrest Date __ Currently in Federal Custody ___ Currently in State Custody Wnit required __ Yes No __. Currently on bond setby Court _X_ Defendant not in custody U.S.C, Citations and Total # of Counts against this Defendan' ease Charged fiiey iis Conspiracy to possess with mtent to distribute i I nlt 10 yrs. and nmt life;F omt methamphetamine and marijuana $4,000,000 of both: SR nlt 5 yrs.; SA $100/count/defendant 21:841a1.F Possession with intenttodistributemarijuana Ww I nlt 10 yrs. and nmt life;F omt $4,000,000 or both; SR nlt 5 ys.; SA $100/count/defendant Return Date 07/08/2004_ Signature of AUSA races C Dale th _ Case: 4:04-cr-00382-JCH Doc. #: 160 Filed: 10/28/05 Page: 1 of 7 PagelD #: 302 AG 2458(Rev. 06/05) ‘Sheet }~JudgmentinaCriminalCase EL United States District Court Eastern District of Missouri UNITED STATES OF AMERICA y. JUDGMENT IN A CRIMINAL CASE AARON CAMPBELL CASE NUMBER: 4:04CR382 JCH USM Number: 12325-0273 THE DEFENDANT: Brian Witherspoon Defendant's Attorney ha) pleaded guiltyto count(s) 3 oO pleaded nolo contendere to count(s) which was accepted by the court. 1) The sae eyideeiasen fi il sqm t - defendant is adjudicated guilty of these offenses: Date Offense Count Title & Section Nature of Offense Concluded Numbey(s)} 21 USC 841(a)(1) Possession With IntenttoDistribute Marijuana 2/24/04 3 The defendant is sentenced as provided in pages 2 through _6__of thisjudgment. The sentence isimposed pursuant to the Sentencing Reform Act of 1984. —— oO The defendant has been found not guilty on count(s) & Count(s) 1 is dismissed on the motion of the United States. IT IS FURTHER ORDERED thetthedefendant shallnoti! ify the United StatesAttomey forthisdistrictwithin30 daysof any change of name, residence,or mailing address untilallfines,restituti ion, costs,and specialassessments imposed by thisjudgment sre fullypaid. IF ordered to pay restitution, thedefendant must notifythe court and United Statesattorney of materialchanges ineconomic circumstances. October 28, 2005 Date of Imposition of Judgment eyature ofIudge Honorable Jean C. Hamilton United States District Judge Name & Titleof Judge October 28, 2005 Date signed Record No.: 17 Case: 4:04-cr-00382-JCH Doc. #: 160 Filed: 10/28/05 Page: 2 of 7PagelD #: 303 AQ 24SB(Rev..06/05} __Judgmentin CriminalCase___Sheet 2~ Imprisonment Judgment-Page __2 or 6 DEFENDANT: AARON CAMPBELL CASE NUMBER: 4:04CR382 JCH £-? District: Eastern Districtof Missouri IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a totalterm of 79 months & ‘The court makes the following recommendations tothe Bureau of Prisons: To the extent thedefendant is qualifiedand space isavailable,it isrecommended he be allowed toserve his termof incarcerationatthe Bureau ofPrisons facilityasnear to Sacramento, CA as possible.Itisalso recommended the defendant be screened forthe 500 hour Intensi¥e Drug Treatment Program. Ki The defendant isremanded to the custody of the United States Marshal. a The defendant shallsurrender to the United StatesMarshal forthis district: oO at a.m./pm on O as notified by the United States Marshal. Oo The defendant shall surrender for service of sentence at the institutiondesignated by the Bureau of Prisons: Oo before 2 p.m. on 4 as notified by the United States Marshal O as notified by the Probation or PretrialServices Office MARSHALS RETURN MADE ON SEPARATE PAGE Case: 4:04-cr-00382-JCH Doc. #: 160 Filed: 10/28/05 Page: 3 of 7 PagelD #: 304 AO 245B(Rev. 96/05)_ Judgment inCriminalCase Sheet 3 « Supervised Reletse Sudgment-Page 3 or § DEFENDANT; AARON CAMPBELL i CASE NUMBER: 4:04CR382 ICH E- | District: Eastern Districtof Missouri SUPERVISED RELEASE Upon release from imprisonment, the defendant shal! be on supervised release for aterm of 4 years The defendant shall report to the probation office in the districtto which the defendant is released within 72 hours of release from the custody ofthe Bureau of Prisons. The defendant shallnot commit another federal, state,or local crime. The defendant shallnot illegallypossess a controlled substance. The defendant shallrefrainfrom any unlawful use of. controlledsubstance. The defendant shallsubmit toone drug testwithin 15 days of releasefrom imprisonment and atleasttwo periodic drug teststhereafter, as directedby the probation officer. Ol The above drug testingcondition is suspended based on thecourt'sdetermination that thedefendant poses a low risk of futuresubstance abuse. (Check, if applicable.) BX) The defendant shall notpossess a firearm asdefined in 18 U.S.C. § 921. (Check, ifapplicable.) [The defendant shall cooperate inthe collectionof DNA as directedby theprobation officer.(Check, ifapplicable) The defendant shall registerwith thestatesex offender registrationagency inthe statewhere thedefendant resides,works, or isa student,as directedby the probation officer. (Check, if applicable.) O The Defendant shallparticipatein anapproved program fordomestic violence.(Check, if applicable.) Tfthisjudgment imposes afine ora restitution obligation, it shal] be acondition of supervised releasethatthe defendant pay in accordance withthe Schedule ofPayments sheet of this judgment The defendant shallcomply with thestandard conditions thathave been adopted by thiscourtas well as withany additional conditions on theattached page. STANDARD CONDITIONS OF SUPERVISION 1)the defendant shallnot leave the judicial districtwithout thepermission of the court or probation officer; 2) the defendant shallreport to the probation officerand shallsubmit a truthfuland complete written report within the first five days of each month; 3) thedefendant shall answer truthfullyallinquiriesby the probation officerand follow theinstructionsof theprobation officer; 4) the defendant shall support his or her dependents and meet other family responsibilities; 5) thedefendant shallwork regulerlyat a lawful occupation,unless exeused by theprobation officerfor schooling,training,orother acceptable reasons; 6) thedefendant shallnotify theprobation officertendays prior toany change inresidence or employment; 7) thedefendant shallrefrain from excessive use ofalcohol and shallnot purchase, possess,use, distribute, or administer any controlled substance or paraphemalia related toany controlled substances,except as prescribed by aphysician: 8) the defendant shall not frequent places where controlled substances are illegallysold, used, distributed, or administered: 9) thedefendant shallnot assogiate with any persons engaged in criminal activity, and shallnot associate withany person convicted of afelony unless grantedpermission todo so by the probation officer, 10) the defendant shal}permit aprobation officer to visithim orher at any time athome or elsewhere and shallpermit confiscation ofany contraband observed in plain view of the probation officer; 11) thedefendant shallnotify theprobation officer withinseventy-two hours of beingarrested orquestioned by alaw enforcement officer; 12) the defendant shall not enter into any agreement to act as an informer or aspecial agent of a law enforcement agency without thepermission of the court; {3} as directed by the probation officer,the defendant shall notifythird parties of risksthat may be occasioned by the defendant's criminal record or personal history or characteristics,and shall permit the probation officerto make such notifications and to confirm thedefendant's compliance with such notificationrequirement. Case: 4:04-cr-00382-JCH Doc. #: 160 Filed: 10/28/05 Page: 4 of 7 PagelD #: 305 AQ 2448(Rev. 06/05) Judgmentin Criminal Case ‘Sheet JA- Supervised Release Judgment-Page 4 or