CIV 180118 CIV DS 1801387 PETENT 150802 Scanned Document Coversheet System Code CIV Case Number DS1801387 CaseType CIV Action Code PETENT Action Date 01 18 18 ActionTime Action Printed Seq by 3 08 THIS COVERSHEET IS FOR COURT PURPOSES ONLY AND THIS IS NOT A PART OF THE OFFICIAL RECORD YOU WILL NOT BE CHARGED FOR 0002 TH I S PAG E MAMAR Petition Filed Civil NEW FILE 1 Claudia Ackley 3 P O Box 176 Crestline CA 92325 Telephone 951 254 0369 Email sasquatchclaudia a mail 4 Fetitioner Pro Per 2 f SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT com JA N 18 201 5 BY MAYE 6 MARTINEZ PUTY 7 g SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN BERNARDINO 10 11 CLAUDIA ACKLEY 12 CASE N aF Petitioner 13 v 14 STATE OF CALIFORNIA CALIFORNIA NATURAL RESOURCES AGENCY VERIFT D PE TITION FOR TRADITIONAL WRIT OF MANDATE 15 JOHN LAIRD in his official capacity as Secretary of the ali ornia Natural 1 17 IZ u ces gency and STAT E OF CALIFORIVIA DEPARTMENT OF FISH WILDLIFE 18 Respondents CCP 1085 19 Comes now Claudia Ackley Petitioner Pro Per and pursuant to California Code of Civil 20 Procedwe 1085 files this Verified Petition for Traditional Writ of Mandate as follows 21 1NTRODUCTION 22 1 For over a hundred years thousands of inen and woman across the State of California 23 claim to have witnessed a bipedal hominoid creature that received its common name Bigfoot 60 24 years ago in a 1958 article in the California newspaper Humboldt Times At the time the article 25 was considered to be groundbreaking and was published across the United States as well as 26 internationally triggering a groundswell of interest in the topic Indeed this species was even 27 alluded to by President Theodore Roosevelt in his book The Wilderness Hunter published in 28 VERIFIED PETITION FOR TRADITIONAL WRIT OF MANIDATE 25521430 1 1 1892 Since then Ph D s wildlife biologists police forensic officers and wilderness experts have 2 been gathering physical evidence film evidence and eyewitness testimony from doctors judges 3 engineers substantiating the existence ofthis species 4 2 In spite of these overwhelming facts Respondents have refused to acknowledge the 5 existence of this indigenous wildlife species and are therefore derelict in their duty which by their 6 own 7 follows 8 fish wildlife and plant resources and the habitats upon which they depend for their ecological 9 values and for their use and enjoyment by the public Mission statement is defined by the California Department ofFish and Wildlife as The Mission of the Department of Fish and Wildlife is to manage California s diverse 10 3 In this petition Petitioner leads a team of inen and women who have dedicated their 11 lives to the discovery and development of information regarding the Sasquatch Like her they 12 know this man like primate species currently resides in the forests of California Together they 13 bring to this Court overwhelming evidence that proves what will be considered one of the greatest 14 discoveries of our time and pray that Respondents will be ordered by this Court to accept and 15 duly administer their legal responsibility to manage this wildlife species as it is the duty of 16 Respondents to 17 ecological values 18 ensure this species habitat upon which they depend remains intact for their as is expressed in the before mentioned mission statement 4 By Respondents denial of the existence of Sasquatch Claudia and her colleagues 19 legitimate research of this real species is portrayed as illegitimate thereby condemning it to the 20 realm of the paranormal which by Respondents official mission statement destroys the right to 21 enjoyment by the public by her and all the citizens of the State of California 22 5 In addition Respondents denial of this species puts the public s safety at serious risk 23 Small groups of these giant primates exist in within the borders ofthe State of California Since 24 zero official research by Respondents has ever been conducted citizens of the State of California 25 are put at serious risk when confronted by a species that according to Respondents does not 26 exist 27 Department of Fish 28 and is These giant primates are potentially capable of inflicting great harm The California mandated by and Wildlife Investigation California Fish and s Laboratory Wildlife Code the Lab was established in 1941 1008 to conduct wildlife disease 2 VERIFIED PETITION FOR TRADI I IONAL WRIT OF MANDATE 1 investigations No such investigation has ever been conducted by Respondents regarding this 2 species Over the years the Lab s responsibilities have increased to include the statewide 3 investigation of all wildlife mortality events studies and surveillance of diseases enzootic and 4 epizootic 5 rehabilitation injured and nuisance wildlife and safety training all of which are Respondents 6 mandated responsibility to the public Respondents conduct thorough investigations of public 7 safety pertaining to indigenous wildlife species throughout the State of California on such animals 8 as mountain lions black bears coyotes large exotic carnivores and deer 9 widespread public outcry the Sasquatch has been ignored wildlife health and condition monitoring prevention of zoonotic diseases wildlife 10 JURISDICTION AND VENUE 11 12 6 Procedure 13 14 This court has jurisdiction over this action pursuant to California Code of Civil 1085 7 Venue for this action properly lies in the San Bernardino Superior Court because Petitioner resides in San Bernardino County 15 THE PARTIES 16 17 8 Petitioner Claudia Ackley Claudia is a citizen of the State of California who has been damaged by Respondents actions as outlined in this Petition 18 19 But despite enormous 9 Respondent State of California is an American state under which the California Natural Resources Agency is administered 20 10 Respondent California Natural Resources Agency CNRA is a state governmental 21 agency and political subdivision of the State of California charged with the authority and duty to 22 regulate and administer wildlife activities within its borders Respondent also has the authority to 23 legislate changes and policy within its jurisdiction It is the lead agency responsible for public 24 safety 25 California Natural Resources Agency collectively with all other Respondents is sometimes 26 referred to herein as education and awareness of all wildlife species residing within its borders Respondent Respondents 27 11 Respondent John Laird is the Secretary of the California Natural Resources Agency 28 12 Respondent State of Califomia Department of Fish Wildlife CDFW 3 VERIFIED PETITION FOR T RAUITI NAL WRIT OF MANDATE is a 1 division of the California Natural Resources Agency 2 3 STATEMENT OF FACTS 13 Respondents are or ought to be aware that the State of California is home to a large 4 wild indigenous mammal considered to be a giant hairy vertebrate hominoid or primate 5 commonly known as Sasquatch 6 14 The Sasquatch hominoid or primate Giganto Horridus Hominoid and or 7 Gigantopithecus type of species is also commonly known as Bigfoot 8 15 There are knowledge gaps in respect of Sasquatch 9 16 Sasquatch is likely a species at risk a threatened species and or an endangered species 10 that very well may pose a threat to the health and wellbeing of the citizens ofthe State of 11 California 12 13 14 15 17 Petitioner who has years of knowledge and access to reputable scientists has invested substantial financial resources devoted to Sasquatch study and research 18 By contrast Respondents who have access to the same community of scientists have done nothing to substantiate acknowledge or even investigate the existence of Sasquatch 16 19 Petitioner asserts that Respondents committed an abuse of process by not treating her 17 fairly which includes Respondents not putting any decision or otherwise concerning Sasquatch 18 in writing to her 19 20 21 22 23 24 25 26 27 28 20 CDFW and CNRA have never acknowledged the existence of Sasquatch and consequently have treated Petitioner with an indignity to her fundamental human rights 21 Petitioner alleges that Respondents infringed her fundamental human rights including civil and political rights on the basis ofpolitical or other opinion 22 Respondent breached its wildlife stewardship responsibility by not recognizing and or protecting Sasquatch in its legislation regulations or other wildlife management plans 23 It is alleged that the Respondents committed a dereliction of duty pertaining to Sasquatch management and in effect was a restraint on individua l conduct 24 As a result of this dereliction of duty and or outright denial of the existence of Sasquatch Petitioner s livelihood has been damaged including her public image and credibility 4 VERIFIED PE I ITIOIV FOR TRADITIDNAL WRIT OF MANDATE i 1 and her work has fallen into the realm of pseudoscience and or paranormal thus rejected by 2 mainstream broadcast and communications networks 3 25 In addition Petitioner is unable to take people out on wildlife viewing expeditions as a 4 commercial recreational operator to view and interact with Sasquatch in the same way that paid 5 guides take people out to see other wildlife in guided adventure tourism activities in defined 6 operating areas because the public and or government would conceivably perceive Petitioner s 7 activities to be fraudulent due to Respondents denial ofthe existence of Sasquatch which is an 8 infringement ofPetitioner s right to operate such a commercial recreational wildlife viewing 9 enterprise 10 26 Petitioner is unable to fully impart information and ideas as to specific locations where 11 Sasquatch sightings have been known to occur on the basis that there are no safeguards in place to 12 protect the species or indeed the public from being injured or killed 13 27 By Respondents denial of the existence of Sasquatch Petitioner s credibility has been 14 diminished her dignity has been damaged she is ostracized subjected to embarrassment and 15 ridicule and her right to establish a legitimate Sasquatch based business has been infringed 16 upon 17 28 Petitioner alleges that Respondents denial of the existence of Sasquatch is tantamount 18 to an infringement of Petitioner s fundamental human rights including freedom ofexpression the 19 right to freely impart information and ideas of all kinds regardless of frontiers and the right to be 20 free ofcruel and unusual treatment 21 22 29 Sasquatch populations are put at risk due to Respondents dereliction oftheir legal duty 23 CAUSES OF ACTION 24 FIRST CAUSE OF ACTION 25 Against CDFW for Violation of Fish Wildlife Code Section 1008 26 30 Petitioner hereby incorporates by reference each and every allegation set forth above 27 31 28 According to Fish Wildlife Code Section 1008 the CDFW shall investigate all diseases of and problems relating to birds mammals or fish and establish and maintain 5 VERIFIED PE TIT ON FOR I RADITIONAL WKIT O MANDAT E 1 laboratories to 2 to uphold this duty resulting in the damages set forth above assist in such investigation Respondent CDFW has dismally and willfully failed 3 SECOND CAUSE OF ACTION 4 Against CDFW for Failure to Fulfill its Mandated Mission Statement 5 32 Petitioner hereby incorporates by reference each and every allegation set forth above 6 The mandated mission of the California Department of Fish Wildlife as delineated on 7 its website is 8 upon which they depend for their ecological values and for their use and enjoyment by the 9 public 10 to manage California s diverse fish wildlife and plant resources and the habitats Respondent CDFW has dismally and willfully failed to uphold this mission resulting in the damages set forth above 11 THIRD CAUSE OF ACTION 12 Against CNRA for Failure to Fulfill its Mandated Mission Statement 13 33 Petitioner hereby incorporates by reference each and every allegation set forth above 14 34 The mandated mission ofthe CNRA as delineated on its website is to restore 15 protect and manage the state s natural historical and cultural resources for current and future 16 generations using creative approaches and solutions based on science collaboration and respect 17 for 18 failed to uphold this mission resulting in the damages set forth above all the communities and 19 interests involved Respondent CNRA has dismally and willfully PRAYER FOR RELIEF 20 WHEREFORE Petitioner prays for relief as follows 21 35 A writ of mandate commanding Respondents to recognize Sasquatch as a hominoid or 22 primate Giganto Honidus Hominoid and or Gigantopithecus type of species also known as 23 Bigfoot and as an indigenous mammal living within the State of California 24 25 36 A Declaration that Respondents infringed the constitutional rights ofPetitioner as it relates to her concerns regarding Sasquatch 26 37 A Declaration that Respondents committed a dereliction of duty in regard to 27 recognizing and protecting the Sasquatch species a hominoid or primate also known as Bigfoot 28 38 For such other and further relief as the Court deems just and proper 6 VERIFIED PETITIDN F R TRAI7I TIONAL WRIT OF MANllATE s 1 DATED January 18 2018 Claudia Ackley 2 By 3 Claudia Ackley Petitioner Pro Per 4 5 VERIFICATION 6 I have read the foregoing Verified Petition for Traditional Writ of Mandate and know its 7 contents 8 I am a party to this action and I make this verification for this reason I have read the 9 foregoing document and know its contents The matters stated in it are true to my own 10 knowledge except as to those matters that are stated on information and belief and as to those 11 matters I believe them to be true 12 I declare under penalty of perjury under the laws of the State of California that the 13 foregoing is true and correct 14 Executed on 3anuaryl8 2018 a San Bernardino California 15 16 Claudia Ackley l Petitioner Pro Per 18 19 20 21 22 23 24 25 26 27 28 7 VERIFIED P TITI N OR TRADI TIONAL WRIT O MANDATE