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Tro Motion For A New Trial

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0% found this document useful (0 votes)
154 views38 pages

Tro Motion For A New Trial

Uploaded by

matt bakes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 38

1 Matthew Bakes

2031 Becktt dr.


2
El dorado hills, Ca 95762
3 Telephone: (916)337-6741

5 IN THE SUPERIOR COURT OF THE STATE OF


CALIFORNIA IN AND FOR THE COUNTY OF EL DORADO
6

7
MATTHEW BAKES,
8 ) Case No: 23FL0829
)
9
) MOTION FOR NEW
Petitioner, ) TRIAL PURSUANT
10
) TO PC 1181 (8), DUE
11 ) PROCESS
)
12 ANNE BAKES-RODMAN, )
)
13 )
Respondent )
14 )
)
15 _____________________________________ )
16
TO THE SUPERIOR COURT OF EL DORADO COUNTY, AND CLERK OF THE SUPERIOR
17 COURT:
18
PLEASE TAKE NOTICE that Petitioner does hereby move for a new trial.
19
This motion will be made pursuant to Cal Code Civ. Proc. 659. This motion will be based on this
20
notice of motion, declaration of counsel, on the testimony and exhibits presented in the hearing in this
21
matter, memorandum of points and authorities served and filed herewith, on such supplemental
22
memoranda of points and authorities as may after be filed with the court or stated orally at the
23
conclusion of this hearing on the motion, on all the papers and records on file in this action, on such
24
oral and documentary evidence as may be presented at the hearing of the motion or all other hearings
25
brought in this case and on this court taking judicial notice of Matthew Bakes vs Anne Bakes-
26
Rodman including the file, motion, transcripts, court order, and findings made in that case.
OAO 72
(Rev. 8/82)
1
1 Dated: October 20, 2023
Respectfully submitted,
2

3
________________________
4
Matthew Bakes
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Add Page 2
1 I. STATEMENT OF FACT:
2 Matthew Bakes filed a restraining order on August 23rd, 2023 after 3 years of being
3 harrassed by respondent Anne Bakes-Rodman. The hearing was heard by Pro Tern Attorney
4 Lauren Bowers. The Honorable Lauren Bowers denied the petitioner the order on grounds he didn't
5 have enough evidence to meet the burden of proof, even though petitioner presented a property bill

6 which was tom open and kept for several days before respondent put the envelope with the bill
7 back into his postal receptacle. The honorable Lauren Bowers stated that the piece of evidence
8 wasn't enough to prove the burden of proof. Even though this piece of evidence was a felony
9 commmitted by the respondent, who is petitioner's mail carrier.
10 At the hearing the respondent put on an amazing show for the court as she cried on cue and made
11 some of the most horrofic accusations petitioner has ever heard. Pertitioner was indeed completley
12 suiprised by the respondent's prevarications. Respondent has 3 years of harrassment documented by
13 petitioner through multiple emails which weren't available to him at the time of the hearing.
14 The hearing was more about the emotions of the respondent than about the real reason Pertitioner filed
15 the restraining order in the first place. The actions of the respondent was the only reason for the hearing
16 not for the emotions shown by respondent and her prevarications. Thats why there is such an urgent
17 need for a new trial. New evidence has been discovered which was not available at the hearing
18 along with declarations and important exhibits, which will result in the Honorable Lauren Bowers
19 granting petitioner a much needed restraining order against the respondent. Since the September 20,
20 2023 hearing there has been new nefarious actions committed by the respondent. She continues to
21 deliver petitioner's mail and as noted in petitioner's Notice of Motion to move for a new trial,
22 she has tampered with petitioner's sprinklers which caused flooding in his front yard and his
23
back yard. Neighbors have seen her on petitioners front lawn acting suspicious. This always happens
24
after respondent has delivered petitioners mail. Petitioner contacted his Serrano HOA and
25
Alene(Mgr) commenced an investigation and found out that a pvc pipe was deliberately damaged by
26
someone. Also, Respondent held petitioners mail without his consent for 3 days. Once again another
27
incident after the September 20, 2023 hearing.
28
3
MOTION FOR A NEW TRIAL
1 1e prior false testimony of Anne Bakes-Rodman is evidence that would impeach her credibility
2 regarding the property tax bill which was torn open and kept for several days. This is the modus
3 perandi of introducing false testimony to the court , such evidence of prior conduct is cmcial to
4 roving that she testified falsely in this case and opening the missing piece of mail. Had the
5
petitioner been aware of the false testimony by respondent, the honorable Lauren Bowers would have
6 impeached her testimony regarding the "stolen envelope." Moreover, petitioner would have argued that
7 respondent tampered with petitioners mail causing the petitioner to ask the court for the restraining
8 order. Please see Exhibit A for the email exchanges between petitioner and USPS supervisors.
9 The piece of evidence would have been the most crucial piece of evidence in the case.
10 Moreover, the respondents entire case would have been devastated given that is was tainted with false
11 testimony, fabrication and mishandling of the evidence because respondent was the center of all aspects
12 of the investigation including the incomplete investigation into the mail theft committed by the her.
13 Petitioner not only asks for attorneys fees but for sanctions in the amount of $10,000. As the
14 respondent failed to comply with the court by lying under oath on multiple occasions. Respondent, more
15 specifically, had no proof her allegations were factual, she showed the court no police reports, she had
16 no witnesses, no declarations of her character, and used sentiment as a defense by crying on cue.
17 Petitioner investigated respondents allegations and El dorado county sheriffs department had no sheriff
18 officer dispatched to respondents post office, and so they had no police report or'this.lie perpetrated by
19 the respondent. Respondent violated Penal Code 118 and should be held responsible for her actions by
20 paying sanctions to the petitioner. In California, perjury is considered a felony. A person who is
21 convicted of perjury can e·arn up to 4 years in jail. If the court takes into consideration the new

22 evidence including over 30 emails, exhibits, and declarations then sanctions should be levied on

23 respondent for $10,000. The elements of perjury are(l) that the declarant took an oath to testify

24 truthfully, (2) that she willfully made a false statement contrary to that oath(3) that the declarant

25 believed the statement to be untrue, and (4) that the statement related to a material fact. It is easy to

26 prove a declarant took an oath. Since this case will not be heard in criminal court it is even more

27 important to levy these sanctions in this family law court, as this is a suitable remedy.

28
4
M0110N FOR A NEW TRIAL
11
II
1 II. POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR NEW TRIAL
2 ISSUE PRESENTED:
3 The court should grant Mattheew Bakes a new trial based on newly discovered evidence and the
4 false testimony presented by the respondent?
5 Newly Discovered Evidence
6 Penal Code section 1181 (8) states that the court may grant a new trial in the following situation:
7
When new evidence is discovered material to the plaintiff,
8 and which he could not, with reasonable diligence, have
discovered and produced at trial.
9
When newly discovered evidence is discovered a new trial is warranted when the new evidence renders
10
it possible that a different result would be obtained at retrial People v. Howard, (2010) 51 Cal.4th 15,
11
43.
12
The false testimony by respondent at the hearing was unknown to petitioner until he heard
13
these horrific lies made about him. The Honorable Lauren Bowers would have been aware of the
14
misconduct by Anne Bakes-Rodman at least by the filing of the notice of motion for a new trial filed
15
on October 11, 2016. There was no way for petitioner, through reasonable diligence, to have
16
�iscovered the prior false testimony and fabrication of evidence by respondent prior to the court
17
rendering a verdict. Had the United States Postal Service promptly informed Matthew Bakes of the
18
misconduct by_ Anne Bakes-Rodman when the defense pleadings in the respondents case was
19
investigated by USPS respndent would have had the evidence suppressed before the hearing began.
20
The evidence would have then been available to petitioner to investigate prior to the conclusion of
21
the hearing. The failure of USPS to promptly notify Matthew Bakes of this crucial evidence of
22
Anne Bakes-Rodman's credibility and willingness to fabricate evidence denied petitioner his rights
23
to a fair hearing and to confront and cross examine respondent against him as well as to present
24
evidence supporting his defense. Please see Exhibit B for the call logs from the El dorado county
25
Sheriff's department. They show that they were dispatched to petitioner's residence.
26
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.28
5
1 he following facFs are sufficient to raise a reasonable doubt in this case, the tom envelope being kept
2
by respondent for several days then deposited back into his postal receptacle, the flooding of
3
petitioner's front and backyard by respondent, the damaged sprinkler line committed by respondent, 3
4
years of email exchanges between respondent's supervisors and petitioner, declarations from
5
6 Petitioner's neighbor and his friends, and Respondent's prior false testimony. Had the petitioner been
7 notified by USPS of their investigation the court would have viewed the petitioners case
8
differently in Matthew Bakes's favor.
9
10 This court sl;lould grant a new trial.under section 1181 (8) because the newly discovered

11 evidence is material to petitioner and could not have been discovered by the petitioner with reasonable

12 diligence. At a retrial, the petitioner will present the prior misconduct of respondent to prove a pattern
13
14 of testifying falsely. Therefore, with that new evidence it is possible that a different result would be
15 btained in the retrial.
16
Denial of the petitioners restraining order Was a Result of False Testimony
17
Matthew Bakes's due process rights require a new trial, as he was not able to obtain his new
18
evidence before the September 20, 2023 hearing. The ability of the respondent to cry on cue in order to
19
capture the sentiment of the court was reprehensible to petitioner and petiotioner was surprised
20
sentiment swayed a mling. Respondent's false testimony is modus operandi and is why she was
21
terminated from CDCR as a correctional guard Petitioner has introduced a letter from CDCR as
22
evidence. Fraud on the court will, most often be found when the fraud scheme defrauds the "judicial
23
24 machinery" such that the court can't perform its function as a neutral arbiter of justice. Fraud directed

25 • at the "judicial machinery" can mean conduct that fraudulently coerces or influences the court itself or
26 a member of the court, such that the impartial nature of the court has been compromised.

27
28
6
MOTION FOR A NEW TR1AL
II

1 The evidence suppressed is the prior misconduct ofrespondent in testifying falsely.


2 e testimony proves a pattern of misconduct and modus operandi to seek a denial of an order
3 with false testimony and fabricated evidence. It also serves to impeach respondent's credibility
4
regardi!'.lg the absence of a police report for the actions of petitioner's alleged threat to USPS post
5 office. Collectively, the prior misconduct by respondent would have tipped the scales of justice in
6 favor of finding that there was indeed a burden of proof met by petitioner.
7
The suppressed evidence was willfully withheld by USPS because USPS were aware of the
8
9 allegations being made by the petitioner for 3 years. The motion filed by petitioner on September 20,

10 2023, put the respondent on notice that petitioner uncovered false testimony and new exhibits as well

11 as declarations. In dealing with prejudice to Matthew Bakes the courts should examine whether there
12 is a reasonable probability tpat the new evidence would have changed the result. The courts have
13 further defined "Reasonable probability" as a probability sufficient to undermine confidence in the
14 verdict. The prejudice to Matthew Bakes that he could not present evidence to the court that
15
respondent has a pattern and modus operandi to testify falsely. Moreover the court could not have
16
had confidence in respondents case because of the manner in which it was presented.
17
Petitioner filed this original restraining order because of the malicious and terrifying acts committed
18
by the respondent over a period of 3 years. The perjury committed by the respondent overshadowed
19
the court hearing in that respondent's emotions were enough to deny petitioner of his restraining
20
21 order. According to Jeffrey Perwin, this has more to do with the lack of will to enforce existing law,

22 however 1 would include( 1) where there is clear and convincing evidence the court shall ensure

23 prosecution(2) where the court can impose sanctions short of prosecution the court shall do so(Jeffrey
24 Perwin, President of the coalition of San Diego, children •s coalition). The latest act respondent
25 committed was she sent a demand letter to "shake down" petitioner for $10,000(Exhibit C). Petitioner
26 has also attached text message exchanges between his wife and the Landscaper(Exhibit D).
27
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7
MOTION FOR A NEW TRIAL
1 IV. CONCLUSION
2

3 This court should grant a new trial under section 1181(8), as

4 required by state and federal due process including Matthew Bakes's

5 right to a fair trial. The newly discovered evidence is material to

6 petitioner and could not have been discovered buy the petitioner

7 with reasonable diligence, for the many reasons stated, a new trial

8 should be granted. Also petitioner asks the court to levy sanctions


9 on respondent for the perjury she committed at the September 20,
10 2023 hearing, along with attorney fees.
11

12

13
Dated: October 20, 2023
14 _______________________
Matthew Bakes
15

16

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8

Add Page
EXHIBIT A
(EMAIL EXCHANGES)
9/27/23, 5:29 PM Gmail - TRO against Anne Bakes-Rodman

M Gmail Matthew Bakes <[email protected]>

TRO against Anne Bakes-Rodman


2 messages

Matthew Bakes <[email protected]> Tue, Sep 12, 2023 at 11 :28 AM


To: [email protected]

Thank you Chris, Matthew Bakes

� TRO Order from Judge Bowers DV-110.pdf


,� 4865K

Broce, Christopher S - Sacramento, CA <[email protected]> Tue, Sep 12, 2023 at 11 :33 AM


To: Matthew Bakes <[email protected]>

Received - Thank you.

Chris Broce

Postal Inspector I Federal Agent

US Postal Inspection Service I Sacramento North Valley External Crimes Team

P.O. Box 13130, Sacramento, CA 95813

From: Matthew Bakes <[email protected]>


Sent: Tuesday, September 12, 2023 11:29AM
To: Broce, Christopher S - Sacramento, CA <[email protected]>
Subject: [EXTERNAL] TRO against Anne Bakes-Rodman

CAUTION: This email originated from outside USPS. STOP and CONSIDER before responding, clicking on
links, or opening attachments.
Thank you Chris, Matthew Bakes

nups:lfmail.google.com/mail/u/0/?ik=70d9191979&view=pt&search=all&permthid=thread-a:r5232558128715628163&simpl=msg-a:r-73462154612732... 111

------ � -- --
9/21/23, 11 :39 AM Gmail - Restraining order

M Gmail Matthew Bakes <[email protected]>

Restraining order
2 messages

Matthew Bakes <[email protected]> Mon, Sep 11, 2023 at 1:13 PM


To: [email protected]

Hi Toni, it was a pleasure speaking with you, I am going to pray for your son. I will be asking the Judge to restrain Anne
Bakes-Rodman from the postal office she works at too. It would be best if she get a fresh start somewhere else. Even her
driving on Serrano parkway violates the order. Thank you so much for your time Toni, Matthew Bakes

� TRO Order from Judge Bowers DV-110.pdf


4865K

Higgins, Toni L - West Sacramento, CA <[email protected]> Mon, Sep 11, 2023 at 6:30 PM
To: Matthew Bakes <[email protected]>

I have received your email and attachment and forwarded your concern to Manager Customer
Relations Cheri Valdivia.
Thank you for the opportunity to assist you today.

Sincerely,

Toni Higgins
Manager, Consumer Affairs
California 2 District
(916) 373-8630

From: Matthew Bakes <[email protected]>


Sent: Monday, September 11, 2023 1: 13 PM
To: Higgins, Toni L - West Sacramento, CA <[email protected]>
Subject: [EXTERNAL] Restraining order

https://mail.google.com/maiVu/0/?ik=70d9191979&view=pt&search=all&permthid=thread-a:r-1957422377891062656&simpl=msg-a:r90639334481011... 1 /2
9/21/23, 11:35AM Gmail - Restraining order granted

Gmail Matthew Bakes <[email protected]>

Restraining order granted


4 messages

Matthew Bakes <[email protected]> Mon, Aug 28. 2023 at 3:30 PM


To: "Hildebrand, Patrick - El Dorado Hills, CA" <[email protected]>

Hi Patrick, the restraining order against Anne Bakes-Rodman was granted by Judge Lauren Bowers. I have attached the
court order of Judge Bowers. It covers 200 yards, that means it indudes my postal receptacle near 2031 Beckett dr. At
the hearing I will ask for the order to include the post office where Anne works. Anne will be served shortly, If I see her or
my neighbors see her delivering mail at any postal receptacle within 200 yards(page 4) of my house this violates the
Restraining Order. If she even drives in front of my house to intimidate me or my family this also violates the Restraining
Order. I do not consent to have this email forwarded or shown or read to Anne Bakes-Rodman, Thanks Patrick,
Matthew Bakes

tli,""I TRO Orderfrom Judge Bowers DV-110.pdf


Id 4865K

Mon, Aug 28, 2023 at 3:41


Hildebrand, Patrick - West Sacramento, CA <[email protected]>
PM
To: Matthew Bakes <[email protected]>

Good day sir.

I will forward this to the acting manager of the El Dorado Hills Post Office and her manager, the Folsom Postmaster.

I no longer operate in a managerial capacity in delivery operations.

Thank you.

Patrick Hildebrand
Labor Relations Specialist
CA-2/Labor Relations
Oakland Post Office, Oakland P&DC, Stockton Post Office

3775 Industrial Boulevard


West Sacramento, CA 95799

916.298.9412

PRIVILEGED AND CONFIDENTIAL: This communication, including attachments, is for the exclusive use of addressee
and may contain proprietary, confidential and/or privileged information. If you are not the intended recipient, any use,
copying, disdosure, dissemination or distribution is strictly prohibited. If you are not the intended recipient, please
notify the sender immediately by return e-mail, delete this communication and destroy all copies.

Get Outlook for iOS

From: Matthew Bakes <[email protected]>


Sent: Monday, August 28, 2023 3:30:58 PM

https://mail.google.com/mail/u/0/?ik=70d9191979&view=pt&search=all&permthid=thread--a:r5403813334018176578&simpl=msg-a:r-5466291
8583000 _.. 1/2
9/21/23, 11 :35 AM Gmail - Restraining order granted

To: Hildebrand, Patrick - West Sacramento, CA <[email protected]>


Subject: [EXTERNAL] Restraining order granted

CAUTION: This email originated from outside USPS. STOP and CONSIDER before responding, clicking on links, or
opening attachments.

[Quoted text hidden]

Matthew Bakes <[email protected]> Mon, Aug 28, 2023 at 4:32 PM


To: "Hildebrand, Patrick -West Sacramento, CA" <[email protected]>

Thank you for letting me know.


(Quoted text hidden]

Mon, Aug 28, 2023 at 7:25


Hildebrand, Patrick - West Sacramento, CA <[email protected]> PM
To: Matthew Bakes <[email protected]>

Good evening.

Your message and attachment have been sent to the El Dorado Hills Manager (A), El Dorado Hills supervisors, and to
the Folsom Postmaster.

Thank you.

Patrick Hildebrand

Labor Relations Specialist


CA-2/Labor Relations

Oakland Post Office, Oakland P&DC. Stockton Post Office

3775 Industrial Boulevard

West Sacramento, CA 95799

916.298.9412

PRIVILEGED AND CONFIDENTIAL: This communication, including attachments, is for the exclusive use of addressee
and may contain propriet ary, confidential and/or privileged information. If you are not the intended recipient. any use,
copying, disclosure, dissemination or distribution is strictly prohibited. If you are not the intended recipient, please
notify the sender immediately by return e-mail, delete this communication and destroy all copies.

(Quoted text hidden]

https://mail.google.comlmaiVu/0nik=70d9191979&view=pt&searcti=all&permthid=thread-a:r5403813334018176578&simpl=msg-a:r-54662918583000... 2/2
9/21/23, 11:34AM Gmail - Harrassment

Gmail Matthew Bakes <[email protected]>

Harrassment
4 messages

Matthew Bakes <[email protected]> Sat, Apr 22, 2023 at 1 :01 PM


To: "Hildebrand, Patrick - El Dorado Hills, CA" <[email protected]>

Hi Patrick, we were harrassed again this afternoon by Anne Bakes Rodman while she was delivering our mail. She drove
by in her USPS vehicle and stopped in front of my home and stared at us and flipped us off. April 22,2023 12:30 pm,
Matthew Bakes

Sat, Apr 22, 2023 at 2:47


Hildebrand, Patrick• West Sacramento, CA <[email protected]> PM
To: Matthew Bakes <[email protected]>

Sir good day.

It is unfortunate to hear this has happened.

I will forward this to the management staff on site at the El Dorado Hills Post Office, as well as the Postmaster of the
installation at Folsom.

Thanks

Patrick Hildebrand

Labor Relations Specialist (A)


CA-2/Labor Relations

3775 Industrial Boulevard

West Sacramento, CA 95799

916.298.9412

PRIVILEGED AND CONFIDENTIAL: This communication, including attachments, is for the exclusive use of addressee
and may contain proprietary, confidential and/or privileged information. If you are not the intended recipient, any use,
copying, disclosure, dissemination or distribution is strictly prohibited. If you are not the intended recipient, please
notify the sender immediately by return e-mail, delete this communication and destroy all copies.

From: Matthew Bakes <[email protected]>


Sent: Saturday, April 22, 2023 1 :01 PM
To: Hildebrand, Patrick - West Sacramento, CA <[email protected]>
Subject: (EXTERNAL] Harrassment

CAUTION: This email originated from outside USPS. STOP and CONSIDER before responding, clicking on
links, or opening attachments.
9
https:f/mail.google.com/maiVu/0/?il--70d9191979&view==pt&search=all&permthid=thread-a:r-1748637281983221325&simpl=msg-a:r-422361743384... 112

--- -------- ------ - - -


9/21/23, 11:34AM Gmail - Harrassment

[Quoted text hidden)

Matthew Bakes <[email protected]> Sat, Apr 22. 2023 at 9:22 PM


To: "Hildebrand, Patrick - West Sacramento, CN <[email protected]>

Thank you very much Patrick, we can't live like this anymore, my wife has a heart condition and I have a young son to
protect, Matthew Bakes
[Quoted text hidden)

Matthew Bakes <[email protected]> Sat, Apr 22, 2023 at 9:48 PM


To: "Hildebrand, Patrick - West Sacramento, CA" <[email protected]>

Patrick can you please give my phone number to the postal inspector you notified? We live in fear of this person,
(916)337-6741, Matthew Bakes
[Quoted text hidden]

https://mail.google.com/maiVu/0r?ik=70d9191979&view=pt&search=all&permthid"1.hread-a:r-1748637281983221325&simpl=msg-a:r-4223617943384... 212
9/21/23, 11:37 AM Gmail - Hijacked/opening of mail

Gmail Matthew Bakes <[email protected]>

Hijacked/opening of mail
1 message

Matthew Bakes <[email protected]> Thu, Nov 17, 2022 at 2:04 PM


To: "Hildebrand, Patrick - El Dorado Hills, CN <[email protected]>

Patrick, very disappointed with your email! You need evidence of a restraining order to stop this criminal from delivering
my mail? What is your policy code on this? Your criminal USPS mail carrier opened my mail, withheld it for 11 days she
threatened my wife with a domestic terrorist threat and she is not even transferred? She threatened my wife from a
federal USPS truck!! On e again I want lo see your policy and procedure for a carrier opening a residents mail and then
returning it This is outrageous that you cannot atleast transfer her!! Matthew Bakes

0
https://mail.google.com/maiVu/0/?ik=70d9191979&view=pt&search=all&permthid=thread-a:r207024783261460049&simpl=msg-a:r505739130250743... 1/1
9/21/23, 11:31 AM Gmail - Anne Bakes still delivering mail

Gmail Matthew Bakes <[email protected]>

Anne Bakes still delivering mail


2 messages

Matthew Bakes <[email protected]> Thu, Nov 17, 2022 at 12:38 PM


To: "Hildebrand, Patrick - El Dorado Hills, CA" <[email protected]>

Hi Patrick, are you aware Anne Bakes- Rodman held back another piece of mail? Will you please consider terminating
her employment? Place her on administrative leave pending the investigation and in the midst of the investigation transfer
her to your royal oaks or metro main office, this is very necessary, Thank you, Matthew Bakes

Hildebrand, Patrick - El Dorado Hills, CA <[email protected]> Thu, Nov 17, 2022 at 1:15 PM
To: Matthew Bakes <[email protected]>
Cc: ''Valdivia, Cheri L - West Sacramento, CA· <[email protected]>

Sir, good day.

Yes, I am aware El Dorado Hills Rural Carrier Annie Rodman is delivering to the delivery point at 2031 Beckett Drive.

Very soon after our conversation and the messaging I'd received from you I was in contact with USPS Postal Inspectors
concerning this issue. The reason I'd reached out to you for any documentation related to the support in distancing her
from your residence-as in, a restraining order or other documentation-is because USPIS notified me that if that
documentation existed it would, as law, supersede USPS contractual provision.

Documentation sent to me does not keep this carrier from delivering to the delivery point.

If you do maintain a restraining order or some other legal document that keeps Rodman away from your property or you,
at any distance or for any time, please reply to this email with it. As law I must accommodate it, and will.

I want to ensure the safety of all involved and to ensure that efficient customer service is provided.

For mail held without approval or authorization, please follow this mail with any supporting documentation you have that
would support that a carrier "held back another piece of mail". I would gladly investigate the unauthorized delay or
curtailing of mail.

Thanks

Patrick Hildebrand

MCS

https:l/mail.google.com/rnaiVu/0/?ik=70d9191979&view=pl&search=all&permthid=thread-a:r-5469496164117137877&simpl=msg-a:r35305757887057... 1/2
9/21/23, 11:31 AM Gmail -Anne Bakes still delivering mail

El Dorado Hills Post Office

4641 Post Street

El Dorado Hills, CA 95762

916.358.7800 (work)

From: Matthew Bakes <[email protected]>


Sent: Thursday, November 17, 2022 12:39 PM
To: Hildebrand, Patrick - El Dorado Hills, CA <[email protected]>
Subject: [EXTERNAL) Anne Bakes still delivering mail

CAUTION: This email originated from outside USPS. STOP and CONSIDER before responding, clicking on
links, or opening attachments.
[Quoted text hidden]

https://mail.google.com/maiVu/0/?ik=70d9191979&view=pt&search=all&permthid=thread-a:r-5469496164117137877&simpl=msg-a:r35305757887057.. . 2/2
9/21 /23, 11 :29 AM Gmail - El Dorado Hills Post Office Delivery to 2031 Beckett Drive
MCS

El Dorado Hills Post Office

4641 Post Street

El Dorado Hills, CA 95762

916.358.7800 (work)

=:::::•:•::•:::•::::�:

�-- -·-·· ·--.. -•·-----·-• -· ·-- --·~- --..- --�---·-----·-- ---


Matthew Bakes <[email protected]> Thu, Nov 3, 2022 at 11 :24 AM
To: "Hildebrand, Patrick - El Dorado Hills, CA" <[email protected]>

Patrick, I have documentation for the probate case that Anne Bakes-Rodman is embroiled with me and it shows strong motive on her part. Like I told Cheri Valdivia
Anne Bakes-Rodman ripped open a letter and put it back in our box 11 days later and should be ford for that alone. She is monitoring my mail to see if she can find
any information about the probate case, a criminal no doubt. She was fired by the Corrections department for dating an inmate and surveilled by the Citrus Heights
Police dept. She has a meth problem and only saw my dad to mooch money off of him for her addiction. As you can see in the documentation she was "specifically
disinherited'(Section 2 Family info) by my father. She is a desperate, dangerous individual with criminal intent. I inherited my fathers house as seen in Section 6 of
the trust, Thank you Patrick, please get her off my route and transfer her to metro main or west sacr amento
[Quoted text hioden]

2 attachments

� LT Article 2 Family informatlon.pdf


762K
� LT Article 6.pdf
497K

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9/21/23, 11 :44 AM Gmail - Sheriff was called

� Gmail Matthew Bakes <[email protected]>

Sheriff was called


1 message

Matthew Bakes <[email protected]> Wed, Oct 26, 2022 at 11 :03 AM


To: [email protected]

Cheri, I know you are busy but this is an emergency, Anne Bakes-Rodman is still delivering our mail. She harassed my
wife when we tried to retrieve our mail, the sheriff was called, Please call me as soon as you can, this is horrible, Matthew
Bakes

Anne delivering mail.jpg


514K

https://mail.google.com/maiL'u/0/?ik=70d9191979&view=pt&search=all&permthid=thread-a:r-534494{)73n72880555&simpl=msg-a:r-5335025834177... 1 /1
9/21 /23, 11 :43 AM Gmail-Anne Bakes-Rodman complaint

Gmail Matthew Bakes <[email protected]>

Anne Bakes-Rodman complaint


1 message

Matthew Bakes <[email protected]> Wed, Oct 19, 2022 at 10:05AM


To: [email protected]

Hi Cheri, still trying to get a hold of you, Matthew Bakes

https://mail.google.com/maiVu/0ni�70d9191979&view=pt&search=all&permthid=thread--a:r6412125993805515147&simpl=msg--a:r652779987051301... 1/1
9/21/23, 11:43AM Gmail - Questions for complaint

Gmail Matthew Bakes <[email protected]>

Questions for complaint


1 message

Matthew Bakes <[email protected]> Tue, Oct 18, 2022 at 9:59 AM


To: [email protected]

Hi Cheri, I have been trying to reach you, is email easier? Thx Cheri, Matthew Bakes

https://mail.google.com/maiVu/0nik=70d9191979&view=pt&search=all&permthid=thread-a:r5956638871762142822&simpl=msg--a:r121568352936368... 1 /1
9/21/23, 11:42AM Gmail - Status of case against Anne Bakes-Rodman

Gmail Matthew Bakes <[email protected]>

Status of case against Anne Bakes-Rodman


1 message

Matthew Bakes <[email protected]> Fri, Oct 14, 2022 at 10:44 AM


To: [email protected]

Hi Cheri, I haven't been able to get a hold of you, you mentioned you have more questions? I am available by phone or
email? Thanks Cheri, Matthew Bakes

https://mail.google.com/maiVu/0nik=70d9191979&view=pt&search=all&permthid=thread-a:r�076688613190574177&simpl=msg-a:r33059376516360... 1 /1
9/21/23, 11 :41 AM Gmail - Tampered mail

Gmail Matthew Bakes <[email protected]>

Tampered mail
1 message

Matthew Bakes <[email protected]> Tue, Sep 20, 2022 at 12:38 PM


To: "[email protected]'' <[email protected]>

Hi Cheri, I am trying to ask 1 last neighbor for his video surveillance, is there anything else you need? How is the
investigation going? Thank you very much, Matthew Bakes

https:ffmail.google.com/rnail/u/0/?ik=70d9191979&view=pt&search=all&permthid=thread-f:1744518744037102953&simpl=msg-t1744518744037102953 1/1
EXHIBITB
(Police reports/call logs)
Print Date Time CFS Analysis Report Page 1 of 1
10/3/2023
(Grouped and Sorted By Location and Date)
Date of Call CFS Number Time Taken Nature of Call Activity Agency
08/24/2020 0180 15:45:42 CIVIL INCIDENT CIVI E
Location Address Apt. City Cross Street
2031 BECKETT DR EL DORADO HILLS PENNIMAN DR
Reporting Party Name (Last Name, First Name) Reporting Party Phone
BAKES MATTHEW (916) 337-6741
Press Board Daily Log
2031 BECKETT DR EL DORADO HILLS Y Y
Misc Information Case Number Disposition
ADV
Recvd. Disp. 1st to Arrive last to Clear Rec/Disp. Rec/Arrive Disp./Arrive Disp./Clear Unit 1 Unit 2 Unit 3 Unit 4
15:45:42 18:18:45 18:19:05 18:19:08 02:33:03 02:33:23 00:00:20 00:00:23 21E

Date of Call CFS Number Time Taken Nature of Call Activity Agency
11/18/2020 0122 13:38:42 IN JUNE 415V E
Location Address Apt. City Cross Street
2031 BECKETT DR EL DORADO HILLS PENNIMAN DR
Reporting Party Name (Last Name, First Name) Reporting Party Phone
BAKES 05 04 61 MATTHEW (916) 337-6741
Press Board Daily Log
SAME Y Y
Misc Information Case Number Disposition
ADV
Recvd. Disp. 1st to Arrive last to Clear Rec/Disp. Rec/Arrive Disp./Arrive Disp./Clear Unit 1 Unit 2 Unit 3 Unit 4
13:38:42 13:50:17 13:50:17 13:50:23 00:11:35 00:11:35 00:00:00 00:00:06 21B

BAKES, MATTHEW

EK893 10/3/2023
Date and Time Report Submitted: 9/20/2023 4:30:35 PM

Report Type: Suspicious Circumstances

Date(s) Occurred: SEPTEMBER 9, 2023

Time Occurred: 2:30 PM

Address Occurred: 2031 BECKETT DR.

City Occurred: EL DORADO HILLS

Where Occurred: IN FRONT OF MY HOUSE.

Event Description: We have been terrorized by Anne Bakes-Rodman for 3 years now. She drove her truck in front of our house
and stopped and laughed at my son then she threatened him with profanity. Anne Bakes-Rodman is a meth
addict and is erratic and dangerous.
Victim Name: LANDON BAKES

Victim Email [email protected]


Address:

Victim DOB: 09/15/2007

Business Name:

Victim Mailing 2031 BECKETT DR


Address:

Victim Physical 2031 BECKETT DR


Address:

Victim City, State, EL DORADO HILLS


Zip:

Victim Home Phone: 19163376741

Victim Work Phone:

Property Taken:

(For LEO Reports,


these fields are
"Property")

Description Make Model Serial # Value

Vehicle Involvement: Suspect

Vehicle License:

Vehicle Make: COMPANY VAN

Vehicle Model:

Vehicle Year:

Vehicle Type: VAN

Vehicle Color: WHITE

CRIME SPECIFIC FIELDS:


ANNOYING CALLS
# of Calls Received:

IDENTITY THEFT
Bank Notified?:

Bank Name:
In Possession of CC?

Last 4 of CC:

INTERNET FRAUD
Suspect Info:

VEHICLE BURGLARY
Vehicle Locked?:

Forced Entry:

Description of Forced
Entry:

LAW ENFORCEMENT ONLY REPORTS


Suspect Name

Suspect DOB

Suspect Mailing Address

Suspect Physical
Address

Suspect City, State, Zip

Suspect Phone Number

Officer ID/ Name/


Agency

EDSO Case #
STATE OF CALIFORNIA — DEPARTMENT OF CORRECTIONS AND REHABILITATION GAVIN NEWSOM, GOVERNOR

PO Box 942883
Sacramento, CA 94283-0001

October 13, 2023

Matthew Bakes
Via PRP: [email protected]

RE: PUBLIC RECORDS ACT REQUEST, Reference # C012963-100623

Dear Matthew Bakes,

This letter is in response to your Public Records Act request dated 10/6/23 in which you
requested the following records:

“I need the records on Anne Bakes-Rodman, she was a CDCR Guard. Thanks”

The California Department of Corrections and Rehabilitation (CDCR) SB1421 PRA Request Team
has identified non-exempt and partially exempt disciplinary records from one case responsive
to your request, which is being uploaded to your CDCR Public Records Portal (PRP) account.

• N-SOL-178-12-A

For your convenience and reference, CDCR is providing a list of exemptions that it uses in
California Penal Code §832.7(b) cases. If you would like to know if any of them were used in any
particular case, please let us know and we will provide you with the specific exemptions for the
particular case.

CDCR reserves the right to assert additional exemptions.

If you have any questions or need additional information, please contact us via the CDCR
PUBLIC RECORDS PORTAL or via mail at:

CA Department of Corrections and Rehabilitation


ATTN: CDCR OLA SB1421 PRA Request Team
10111 Old Placerville Road, Suite, 100
Sacramento, California 95827

Sincerely,

CDCR OLA SB1421 PRA Request Team


CA Department of Corrections and Rehabilitation
PUBLIC RECORDS ACT REQUEST, Reference # C012963-100623
Page 2

California Penal Code §832.7(b) List of Exemptions

• Personal Data and Identifying Information: Constitution, Art. 1, § 1 (right to privacy).


Cal. Gov. Code § 7927.700 and 7927.705, and § 7928.300. Cal. Pen. Code
§832.7(b)(6)(A) – (C).
• Records and Assessments Pertaining to a Separate Investigation, Prior Investigation, or
Separate Incident not otherwise disclosable pursuant SB1421: Cal. Gov. Code §
7927.700 and 7927.705. Cal. Penal Code § 832.7(b)(4).
• Medical and Psychiatric Record Information: Cal. Gov. Code § 7927.700 and 7927.705.
HIPPA Privacy Rule 45 CFR 164 et al., including but not limited to § 164.502. CA
Confidentiality of Medical Information Act, Cal. Civ. Code §§ 56 et al., including but not
limited to § 56.10. Cal. Pen. Code §832.7(b)(6)(A) and (C).
• Financial Record Information: Cal. Gov. Code § 7927.700 and 7927.705. Cal. Pen. Code
§832.7(b)(6)(A) and (C).
• Allegations that are Not Disclosable Pursuant to SB1421: Cal. Gov. Code § 7927.700 and
7927.705. Cal. Penal Code §§ 832.7(a), 832.7(b)(1)(A)(iii), 832.7(b)(1)(A)(iv),
832.7(b)(1)(C), 832.7(b)(1)(D), 832.7(b)(1)(D), 832.7(b)(1)(E), and 832.7(b)(5).
• Personal and Identifying Information for the Victim of a Crime: Constitution, Art. 1, § 1
(right to privacy). Cal. Gov. Code § 7927.700 and 7927.705. Marsy’s Law, Cal. Const.,
Art. I, § 28(b)(4). Cal. Pen. Code § 832.7(b)(6)(A) – (C).
• Third Party Information: Constitution, Art. 1, § 1 (right to privacy). Cal. Gov. Code §
7927.700 and 7927.705. Cal. Pen. Code § 832.7(b)(6)(A) – (C).
• Anonymous Complainants/Witness Information: Constitution, Art. 1, § 1 (right to
privacy). Cal. Gov. Code § 7927.700 and 7927.705. Cal. Pen. Code § 832.7(b)(6)(A) – (C).
Cal. Evid. Code §1040(b).
• Confidential Informant Information: Constitution, Art. 1, § 1 (right to privacy). Cal. Gov.
Code § 7927.700, 7923.600, and 7927.705. Cal Pen. Code §832.7(b)(6)(A) – (C). Cal.
Evid. Code §1040(b).
• Inmate Personal Information and Criminal History: Constitution, Art. 1, § 1 (right to
privacy). Cal. Gov. Code § 7927.700 and 7927.705. 15 CCR § 3261.2(e). Cal. Pen. Code
§§ 832.7(b)(6)(A) – (C), 11075, 11076, and 13102.
• Juvenile Ward Information: Constitution, Art. 1, § 1 (right to privacy). Cal. Gov. Code §§
7927.700 and 7927.705., 7930.005. 15 CCR §§ 3261.2(e) and 3261.7(c)(3). Cal. Pen.
Code § 832.7(b)(6)(A) – (C). Cal. WIC §§ 602, 827 – 828.
• Safety and Security:
o Records of which the public interest served by non-disclosure clearly outweighs
the public interest served by disclosure. Gov. Code §§ 7927.705 and 7922.000.
Cal. Pen. Code § 832.7(b)(7).
o Specific, articulable, and particularized reason to believe disclosure of the record
would pose a significant danger or security issue to the peace officer or custodial
officer or another person. Gov. Code § 7927.705, Cal. Pen. Code §
832.7(b)(6)(D).
PUBLIC RECORDS ACT REQUEST, Reference # C012963-100623
Page 3

o Information which would cause an unwarranted invasion of personal privacy that


clearly outweighs the strong public interest in records about misconduct and
serious use of force by peace officers and custodial officers. Constitution, Art. 1,
§ 1 (right to privacy). Gov. Code § 7927.705. Cal. Pen. Code § 832.7(b)(6)(C).
• Records, the disclosure of which is exempted or prohibited pursuant to federal or state
law, including but not limited to the Evidence Code relating to privilege. Gov. Code §
7927.705, CLETS: Title 18, USC, §§ 641 and 1030. Cal. Constitution, Art. 1, § 1 (right to
privacy). Cal. Pen. Code §§ 502, 11105, 13300, 11140 – 11144, and 13301 – 13305. Cal.
Gov. Code § 6200. Cal. Civ. Code §1798.53.
EXHIBIT C
(DEMAND LETTER FROM RESPONDENT)
ijJJtJte P-oDivfFJN
(sender name) . A �
L/-O I 5 � 11a,, fl e- o rJ I rn/{., �, 1,-z,,
(s�der address)
..)(-Je..,.ijlf h <;,rJTO I C4
(city, state, zip) •
q5'l ')J
(phone)
t:71 (, - a1 b a
�, - Dl- 4 i>'/

a,2()-23
Date: 1

(name)
20 3\ - Bf c 1(€1' Di2-
(street)
(l[)0fHC\DO t-tills <!..f.l qS-f<e,i-
(City, State, Zip)

Please consider this letter as a demand. You owe me$ tO,ooo


following:
. for the

Loss of w A �8S
(> V-1 l N A-rH) � \J ff� 9.-l µC,
SL'At'10�R,
of c.,, H A rlA c..:r e ;i.,
b (;, v' o 1'1,M Ai'� o�
l+A'2-l'LASSM.,tJT

If you do not pay me the above amount by (date) 'f, 2!>· 2-3 , I will pursue
any and all legal remedies available to me.

Sincerely,

�cfg�
EXHIBITD
(TEXT MESAGES FROM
LANDSCAPER TO
PETITIONER'S WIFE)
Text messages from Jose, our landscaper, to my wife Jill Bakes

September 27, 2023 Hello, the sprinklers are not working…can you
please check on this?
Jose we are having problems with the valves and sprinklers. I need it
looked at. Can you please give me a date and time when you are free?
September 28, 2023 From Jose Good Morning, I can pass by Tuesday
afternoon to take a look at the system.
Are you available after 4pm?
Thank you
Jose
September 28, 2023 From Jill, we will not be home but if you can go by
then that would be ok..the gate will be unlocked on that side of the valves.
There is water in the hole of the valves, but we can’t run the system
manually and it appears it may not be running at all..?
Thank you. I can be reached by phone then if you have questions.
From Jose Ok
I will pass by tomorrow to check it out.
Thank you,
Jose
September 29, 2023 from Jill Bakes Hi,How did it go?
What was the problem?
From Jose, Good afternoon.
My crew was not able to pass by.
I will have them stop by tomorrow around mid morning.
If not I can definitely stop by in the early afternoon on my way home.
Thank you
October 2, 2023 From Jill, were you able to go by and check the
sprinklers?
From Jose, Yes. we found that the water valve water supply was turned
off. I am not sure who turned it off or for what reason
We ran the system and found no leaks both at the water valves or down
strem in the drip system
We also ran the timer with the water valves to see if we had a miss
communicating water Valve or wire but we also found that it was all working properly.
October 2, 2023, from Jill, I am sorry for the inconvenience..all is very odd
as we have not had any work done. Nor, do we know where the valve shut off is..
From Jose, There are 2 shut off
One directly in front of the right side yard gate and another within a
concrete box labeled with reclaimed water.
Both shutoffs where turned off.
From Jill, Recently the front water near the Morales home the valve was
on and water ran all night.
Very strange.
We don’t have access to the front yard controller
The HOA has keys for that.
This was recent. The valves are separate and water supply on each side?
From Jose, Yes.
Every home had a separate time and zones water valves.
Would HOA have keys for valve in back too?
From Jose, October 3, 2023, They have the authority but no not the keys.
It is unlocked for the backyard for homeowners and landscapers to access
From Jill, October 3, 2023, When the Security came out for the front he
turned it off with a wrench, no keys? He just lifted the box. So they would have to come
into the back to turn this off, for the backyard?

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