NORTH CAROLINA LINCOLN COUNTY

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

Civil Case No. 12CVS 669

Neil Allran, Terry Spoerle and

) ) Leslie Dale, et. al. ) ) Plaintiffs ) ) v. ) ) ) Robinson, Bradshaw & Hinson, P.A. ) Martin L. Brackett, Jr. and ) Richard D. Boner, ) ) Defendants )

MOTION TO STRIKE ILLEGAL MOTION TO DISMISS FILED BY THE ATTORNEY GENERAL

NOW COME THE PLAINTIFFS in this action, through their attorney, Hugh W. Johnston, in opposing the motion to dismiss filed by the Attorney General, and respectfully sets forth provisions of the Constitution of NC and indisputable documentary court records that will support a jury finding that the three branches of the government of NC have become so corrupt the people can no longer restrict its government to the power granted to it in the Constitution of North Carolina; That high profile legal defense firms and attorneys, conspiring with the Executive, Legislative and Judicial branches of our government, have allowed a law enacted in 1967 and effective in 1970, , NCGS 1A-1, RULES OF CIVIL PROCEDURE, that gives judges the power to dismiss civil cases with prejudice. That said void law for the past 41 years has been used by the Courts to do what is expressly forbidden by Article 1, section 25 of the Constitution of NC which states: In all controversies at law respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and shall remain sacred and inviolable. ARTICLE IV-JUDICIAL, Sec. 13 Forms of action; rules of procedure. (1) States: There shall be in this State but one form of action for the enforcement or protection for private rights or the redress of private wrongs, which shall be denominated a civil action, and in which there shall be a right to have issues of fact tried before a jury section (2) Rules of procedure..No rule of procedure or

practice shall abridge substantive rights, abrogate, or limit the right of trial by jury. That since 1970, hundreds of civil cases have been illegally dismissed under Rule of procedure 12(b)(6) in the Superior Courts and their dismissals have been approved in the NC Court of Appeals and the Supreme Court in published and unpublished per curiam decisions. The Attorney General of NC is the states top law enforcement officer and top lawyer. He represents the state, legally defined as the people in a state or nation, in all civil and criminal actions in which the state has an interest. His duties are clearly set forth in the constitution and statutory laws of NC such as NCGS 114 sections 2 and 9. His oath of office requires that he will maintain, support and defend the Constitution of NC to the best of his ability. The Attorney General and lawyers on his staff are officers of the Court and shall conform their activities to comply with the rules of professional conduct. In support of the relief requested in this Motion, the plaintiffs respectfully show unto the Court the unlawful and improper acts by the Attorney General of NC and Attorneys on his staff as follows: 1. Roy Cooper, The Attorney General of NC knows that a law enacted by the government of NC repugnant to the Constitution of NC is void on its face. That the constitution provides the only two methods of amending the constitution. He knows that some of the most important duties of his office is to protect the people from illegal laws passed by the government that violate the Constitution of NC and by assisting the governor in having the constitution and other laws of North Carolina be faithfully executed. 2. The Attorney General of NC knows that the Complaint and summons served upon Richard D Boner in no way seeks relief from the state of NC but seeks relief from a person who violated his oath of Office to maintain, support and defend the Constitution of NC; violated the plaintiffs unequivocal right to a trial by jury; Conspired with defense Attorneys to obstruct the administration of justice in violation of NCGS 14-221.2 by allowing an illegal motion to dismiss be filed and by entering an unauthorized Order Dismissing plaintiffs action and ordering plaintiffs and their counsel to pay Officers of the Courts Attorney fees in the sum of $15,000. for their Unlawful conduct. The summons was served upon Richard D. Boner at His office rather than having a deputy sheriff serve it upon him at his home Which could be upsetting to his family and attract attention from his neighbors

3. The Attorney General of NC knows that employees of NC, elected, hired or appointed do not have immunity from prosecution for committing acts that are both civil and criminal actions as fully described in the Complaint in this

Case. The Attorney General knows, or should know, that the doctrine of res judicata is not a defense in this case because 2 additional parties are named in this action. 4. The Attorney General of NC knows that his action of seeking to represent Defendant Richard D. Boner in this case in an action alleging said Defendant has committed civil and criminal offenses against the people and the State of NC is an obstruction of justice in the plaintiffs action to have the constitution and laws of NC enforced in the Courts to restrict its government from exceeding the power granted to it by the people. This is one of the most important duties of the Attorney General. One of the duties of the Attorney General is to represent the state in cases where defendant is convicted of a crime and appealed the case for review by the NC Court of Appeals. The Attorney General most certainly can not represent a state employee charged with civil and criminal activities, 5. The Attorney General of NC, Roy Cooper and his Assistant Attorney, Kathryn H. Shields know that filing the motion to dismiss the action of the plaintiffs using a rule of procedure is an express violation of the Oath they must take before assuming the position they hold. They know they know it is forbidden by the Constitution of NC. They know their duty is to promote the administration of justice in compliance with The Rules of Professional Conduct. 6. It is incomprehensible that the Attorney General of NC, an Officer of The Court, would engage in unlawful civil and criminal activities in the Superior Court of Lincoln County and request its Judge to exceed his authority by using a rule of procedure to dismiss the plaintiffs action with prejudice and obstruct the administration of justice instead of administering justice fairly to all the people. 7. Any Superior Court Judge in NC who would dismiss a civil cause of Action under rule of procedure 12(b)(6) and enter Judgments or orders in violation of NCGS 14-221.2 dismissing civil cases with prejudice would be committing the same civil and criminal acts and violating many of the provisions of the Code of Judicial Conduct..

8. In the previous case filed by the plaintiffs against Wells Fargo, Robinson, Bradshaw & Hinson, P.A., Louis A Bledsoe, III and Adam Karl Doer unlawful motions filed by defense counsel and unlawful orders and Judgments filed by the Superior Court Judge, unlawfully upheld by Judges in the Court of Appeals and the Supreme Court, constitute sufficient evidence to be considered by juries in civil and criminal proceedings against the parties committing them..

9. The primary purposes of this case is to recover damages sustained by some of the plaintiffs by reason of the unlawful acts of the Defendants and to regain the sacred and inviolable right to a jury Trial that is essential for the people to restrict its government to The power granted to it in the peoples Constitution. The only way America can survive as a free nation is for 38 of the 50 states to join together and amend the Constitution of the United States so that all people in America are born with equal unalienable rights, that among these are life, liberty and the pursuit of happiness. That in the future the people must be properly educated and informed by a free press of the activities of its government in order for the people to restrict its government from exceeding the power granted to it. WHEREFORE, based upon the facts set out in this motion, the Plaintiffs respectfully request the Court to enter an order denying the Defendants motion to dismiss the plaintiffs action with prejudice; remove the attorney general as the defendant Richard D. Boners Attorney and give him 30 days to obtain counsel and respond to this action filed against him.

This 23 day of July, 2012.

HUGH W JOHNSTON, ATTORNEY NC BAR NUMBER 2407 PO BOX 550185 GASTONIA, NC, 28055 PHONE: 704-813-0681 FAX: 704-869-8977 hwolfej@yahoo.com

CERTIFICATE OF SERVICE I hereby certify that on the 23 day of July, 2012 the foregoing Motion to Strike the Motion filed by the Attorney General of NC in behalf of the Defendant Richard D. Boner was served upon the Defendant by mailing a copy thereof, postage prepaid and properly addressed to Defendants Counsel as follows:

KATHRYN H. SHIELDS Associate Attorney of Roy Cooper, Attorney General Of North Carolina NC State Bar Number 43200 North Carolina Department of Justice PO Box 629 Raleigh, NC 27602-0629 Counsel for Defendant Richard D. Boner