IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
KURT F. JOHNSON,
No. 08-02325 JSW
ORDER DENYING MOTION TO
QUASH - DEMUR - BILL OF
Now before the Court is the motion entitled “motion to quash - demur - and/or bill of
particulars” filed by defendant Kurt F. Johnson. Mr. Johnson argues that he is not a party to
this lawsuit because the caption spells his name in all capital letters. This type of “name game” has been uniformly rejected by courts as frivolous. See, e.g. American Silver LLC v. Emanuel Covenant Communities, 2007 WL 1468600, *3 (D. Utah May 17, 2007) (characterizing the defendants’ argument – that using all capital letters in a name is different than using all lower case letters or capitalizing the first letter – as absurd); see also United States v. Bradley, 2001 WL 997428 *1 (6th Cir. 2001) (rejecting “frivolous tax-protestor arguments” including the argument that “ ‘Edgar Francis; Bradley’ is a natural born man of the State of Ohio, while ‘Edgar F. Bradley’ is merely a corporate fiction”); United States v. Gonzalez, 2007 WL 805992 *3 (4th Cir. 2007) (per curiam) (concluding the defendants arguments alleging that because the indictment spelled their names using all capital letters that the government failed to properly identify them as “real, live flesh and blood M[en]” were completely frivolous); United States v.Lindsay, 184 F.3d 1138, 1144 (10th Cir. 1999) (concluding that the defendants refusal to review court correspondence on which his name appeared in all capital letters was an obstruction of justice and provided a basis for a harsher penalty). This Court also rejects Mr. Johnson’s “name game” as frivolous and, thus, denies his motion.
IT IS SO ORDERED.
Dated: September 26, 2008
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE
The order was in response to a filing in which Johnson tries, again, the all-caps name gibberish, i.e.:
It is believed that the service of the summons and complaint should be quashed and a demur should be granted because the party to the suit is not the party served.
The caption list a KURT F. JOHNSON in all capitals in spelling which is not my given name. I'm certain that under the doctrine of idem sonans they are pronounced the same, but outside this similarity the caption is a misnomer as to myself and a confusion in commerce. In the text my given name received its proper spelling but associates it with right and actions I am not a party to. The main ascertion [sic] in the complaint is to challenge the interest of a Secured Party listed in a UCC financing statement numbered 07-7123956565 filed in California.
I am not that party. A clear reading of the instrument in question list a KURT JOHNSON which is an organization - a fiction. I am neither of these things.
No, Kurt, you're just a convicted felon serving time and about to face more charges of filing another bogus instrument.