Full opinion text
ORDER JONES, District Judge. On November 5, 1997, Thomas Rieotta (“Plaintiff’) filed an Amended Complaint (“Am.Compl.”) alleging the following four causes of action: 1) violations of his civil rights under 42 U.S.C. § 1983, 2) violations of the Racketeer Influenced and Corrupt Organizations Act, (“RICO”) 18 U.S.C. § 1962(c), 3) conspiracy to interfere with his civil rights pursuant to 18 U.S.C. §§ 1985 and 1986, and 4) a cause of action for equitable, injunctive, declaratory relief and restitution. In his Amended Complaint Plaintiff names eighteen Defendants who allegedly harmed him during dissolution proceedings initiated by his former wife on April 30,1991, and culminated in September of 1996. For the purpose of this Order the Court has categorized the eighteen Defendants into four separate groups identified as: 1) the “County,” 2) the “State,” 3) the “Bar” and, 4) the “Individuals.” This matter comes before the Court on all Defendants’ (except Fred Weedon) motions to dismiss the Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1) & 12(b)(6). The Defendants have all filed various notices of motions, memorandums of points and authorities, and notices of joinder in each others motions and memorandums. Subsequent to the filing of the motions to dismiss, Fred Weedon (“Weedon”) filed a motion to set aside the entry of default. Weedon’s motion is also addressed in this Order. Additionally, the Individuals filed an ex parte application for an order to show cause why Plaintiff and his alleged ghost-writing attorney, Lois Brown Kelly, should not be held in contempt of court. On February 2, 1998, this Court issued an Order to Show Cause and has received memorandums of points and authorities, and declarations from defense counsel, Plaintiff, and the claimed ghost-writing attorney Lois Brown Kelly. The request for a finding of contempt is also analyzed in this Order. On Tuesday, February 16, 1998, the Court heard oral argument from all parties on all of the above mentioned motions, except for Weedon’s request to set aside the entry of default. Subsequently, this Court took the matters under submission, and on February 20, 1998, issued an order requesting supplemental briefing from the County and Plaintiff to explain what Judgment Plaintiff claimed Commissioner Etta C. Gillivan allegedly signed which resulted in her inclusion in his Amended Complaint. For the reasons set forth.below this Court: 1) DISMISSES with PREJUDICE Plaintiffs first and third causes of action as to all Defendants for lack of subject matter jurisdiction. 2) DISMISSES with PREJUDICE Plaintiffs second cause of action for RICO violations as to all Defendants for failure to state a claim. 3) DISMISSES with PREJUDICE Plaintiffs fourth cause of action for equitable relief as to all Defendants because the requested relief is beyond the Court’s' subject matter jurisdiction'. 4) GRANTS Defendant Weedon’s request to set aside the entry of default. 5) DENIES the Individual Defendants’ request for finding Plaintiff and Lois Brown Kelly in contempt of court, and 6) DIRECTS the Clerk of the Court to close this case file in its entirety. I. Introduction The facts and circumstances of this case arise from marriage dissolution proceedings between Plaintiff and his former wife Ellen Ricotta. On April 30, 1991, Ellen Ricotta filed a petition for dissolution against Plaintiff in San Diego County Superior Court. (Am.Compl.1l 2). The dissolution trial commenced on January 24, 1992, at which time Plaintiff was represented by counsel. (Am. Compl.1110). On March 19,1992, Judge William Howatt, Jr., issued a Statement of Decision. (Am.Compl.1I 16). Plaintiff requested several clarification hearings which resulted in a second trial in February of 1993. (County’s Mem. at 4). Since that time, there have been numerous motions and hearings, four separate appeals brought by Plaintiff, and several complaints filed by Plaintiff to the Commission on Judicial Performance and the California State Bar. (Am.Compl.1l 5). As a result of the trials, hearings, and rehearings, Ellen Ricotta was awarded certain amounts of money and property from the marital estate. (Individuals’ Mem. at 2). In addition, Plaintiff was assessed portions of Ellen Ricotta’s attorneys’ fees. (Individuals’ Mem. at 2). On September 15, 1997, Plaintiff filed his original complaint. On October 15, 1997, Plaintiff filed a RICO case statement. On November 5,1997, Plaintiff filed an Amended Complaint naming Commissioner Etta C. Gil-livan as a Defendant. The essence of Plaintiff’s lawsuit is his contention that the Judges, Commissioner, attorneys, and individuals involved in the marriage dissolution proceedings conspired to deprive him of his rights under the First, Fourth, Ninth, Tenth, Thirteenth, and Fourteenth Amendments of the United States Constitution. Accordingly, 'Plaintiff wants this Court to award damages in the amount of the judgments plus interest on all monies, “he wrongfully was compelled to pay in satisfaction of judgments.” (Am. Compl.l 113). Plaintiff also wants damages for the loss of his business reputation and credit status that prevented him from earning a livelihood. Plaintiff requests compensatory and punitive damages. (Am. Comply 115). II. Overview Of The Amended Complaint The Court spent considerable time reading and re-reading Plaintiffs Amended Complaint. At the outset the Court must note that it found the Amended Complaint very difficult to follow. More importantly, the Amended Complaint is filled with conclusory allegations. Plaintiff alleges that “the State Law upon which the Superior Court has (sic) seized and relinquished and will relinquish in the future is invalid, in that the law was used by a CRIMINAL ENTERPRISE, Racketeer influenced and corrupt organization act (CIVIL RICO) and a violation of plaintiffs' Constitutional Rights.” (Am. Compl. at 2). In support of this argument, Plaintiff summarizes a trilogy of events from the dissolution proceedings that allegedly substantiate the causes of action. For instance, Plaintiff asserts that on January 24, 1992, the first day of trial, Ellen Ricotta’s attorney, Defendant Paul E. Gavin (“Gavin”), “came up to [Plaintiff! and his attorney William Pabarcus and stated ‘No (curse word) San Diego attorney is going to come into my court and get any (curse word) thing.’ In seven years of litigation his words have rung true. This attempt of intimidation amounts to extortion of a criminal act by á criminal enterprise.” (Am. Comply 10). Plaintiff continues to accuse Defendant Gavin of wrongdoing by stating that: [Gavin] has a history of milking a ease like this one which he has called, “Cash Cow.” When there is an estate of $1,000,000 he feels he has a right to 10%, and he has a history of getting $100,000 dollars in fees out of case. Then he runs just as he did in this ease. Attorney Gavin also bragged how he never will compromise, unless, his client makes him. This is a statement he has made to other attorneys. He uses this symbiotic relationship with the judges to get his ill goten gains to wine and dine judges to get personal favors to in rich his criminal enterprise. (Am.Compl^ 93). Plaintiff makes a series of allegations against various judges that presided over his dissolution proceedings. For instance, Plaintiff proclaims that: [w]hen [Plaintiff] first entered Judge How-att’s courtroom on January 24, 1992, his clerk Karen Knard stated that the Judge hates family law and she hates family law and neither wanted any part of this case. [Plaintiff] could hear Judge Howatt’s speaking to someone in his chambers. [Plaintiff] heard Judge Howatt mention his name and talking about the case. From the judge’s opening statement [Plaintiff] could tell he was already prejudiced. (Am.Compl^ 11). Plaintiff then accuses Judge Thomas R. Murphy of bribery by stating that “Judge Murphy refused to rule and then offered [Old Republic Title Company] a bribe ... of $10,-000 to close the escrow.” (Am.Compl.l 56). Next, Plaintiff submits a request to the Court to take judicial notice that: the San Diego County Superior Court is corrupt by the Federal Convictions of Presiding Judge Greer, and Superior Court Judge Malkus and Superior Court Judge Adams. This Federal Case # 96-698 et. al. is the same kind Modis Aperandi of Attorneys bribing judges to get exorbitant legal fees, and gain advantage by this illegal act, but just different players .... (90) The history of corruption in the San Diego County Courts, and chain of bias all the way to the Appeals court is the same kind of corruption as in this case, [Plaintiff] request a judge from outside San Diego County hear this case. [Plaintiff] request that the same rights afforded to Judges Greer, Malkus, and Adams be afforded him, to have unbiased judge. (91) The plaintiff requests the court to take Judicial Notice of United States Supreme Court Justice Brandies statement in Olmstead v. United States, 277 U.S. 438, 48 S.Ct. 564, 72 L.Ed. 944 (1928), “[c]rime is contagious. If the government become a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.'’ (Am. Compl. at ¶ ! 89-91). A. First Cause Of Action - In his first cause of action Plaintiff alleges a violation of civil rights pursuant to 42 U.S.C. § 1983. Plaintiff states that from the period of April 1991, to the present, the named Defendants through their conduct and under color of state law conspired together to deprive him of a fair and impartial trial and violated his rights under the First, Fourth, Ninth, Tenth, Thirteenth, and Fourteenth Amendments of the United States Constitution. (Am.Compl.! 97). Plaintiff further claims that the state proceedings involving the dissolution of his marriage were motivated by greed, bad faith, harassment, intimidation, and willful criminal violations under State and Federal law. (Am.Compl.! 97). Plaintiff believes federal intervention is proper because of the sale of marital property conducted within Washington' State. (Am. Compl.! 98). B. Second Cause Of Action Plaintiffs "second cause of action alleges civil RICO violations pursuant to 18 U.S.C. §§ 1961(1) & (5), and 18 U.S.C. §§ 1962 et al Plaintiff asserts that the requisite acts of racketeering include, but are not limited to, conduct by Defendant Gavin in his capacity as both an attorney and Judge Pro Tern. (Am.Compl. 11100). Plaintiff states that all Defendants associated with the conduct of Defendant Gavin, and with knowledge either directly or indirectly engaged in activities that affected both interstate and intrastate commerce. Such activity resulted in the conversion, undue influence, and bribery of California Superior Court Judges. (Am.Compl. ¶ 100). Plaintiff'then claims that this “criminal' enterprise caused [Defendants] to fail in their duty to enforce the Oath of Office and Judicial Canons of Ethics and the laws of the State of California, obstruction of a fair administration of justice, conversion, bribery, grand theft, perjury, and conspiracy.” (Am. Compl.! 100). Plaintiff contends that this criminal enterprise violated: (1) criminal statutes of the California Penal Code regarding Grand Theft P.C. 487, Conspiracy P.C. 182, Conspiracy to Falsify Public Records P.C. 134, Falsifying a Public Document P.C. 116, False Affidavit P.C. 127, Perjury P.C. 127, Subornation of Perjury P.C. 118(a); (2) Government Code violations of False Filing of Public Record § 6200 and 620; and (3) Federal violations of civil and constitutional rights under the Fifth and Fourteenth Amendments, right to due process, right to fair and impartial tribunal, right, to attorney, right to cross-examine witnesses, right to be heard in court of law, Mail Fraud 18 U.S.C. § 1341, and Wire Fraud. (Am.Compl.! 102). C.Third Cause Of Action In his third cause of action Plaintiff alleges civil rights violations pursuant to 42 U.S.C. §§ 1985 and 1986-. Plaintiff asserts that, “[a] person or Class of persons should not be discriminated against because they can not afford an attorney or as in the plaintiffs case not allowed to have an attorney by the court and must act in propria persona against an attorney that is a friend of the court and before the judge every day.” (Am. Compl.! 103). Plaintiff states that he was not provided equal access or equal protection of the. court and that, “this bias resulted in invidiously discriminatory conduct in violation of the Constitution.” (Am.Compl.! 103). Plaintiff further claims that there is an “unwritten policy in the San Diego Superior Court of discrimination against any person filing a court action in propria persona.” (Am.Compl.! 104). In support of this assertion, Plaintiff claims to have witnessed judges berate unrepresented persons in open court with statements like,“’who do [unrepresented persons] think they are to think they can represent themselves when I went to seven years of schooling and they think they are an equal.’ ” (Am.Compl.! 105). Identified by name is Judge- William Howatt Jr., who Plaintiff alleges chided him after he supposedly did a “lousy” job representing himself. Also named is Judge Gerald L. Barry Jr., whom Plaintiff claims threatened him with arrest while he represented himself in a pro se capacity. (Am.CompU 105). Plaintiff further alleged that Judge Thomas R. Murphy did not allow him to represent himself at a hearing. (Am.Compl.i 109). Plaintiff claims that Judge Murphy had him removed from the courtroom when he asked, “Why am I held to standards of an attorney and the attorneys are not held to any standards in the North County Court?” (Am. Compl-¶ 109). D. Fourth Cause Of Action Plaintiffs fourth cause of action alleges that had the Defendants not engaged in the wrongful acts Plaintiff would have likely prevailed in the dissolution proceedings and would have received one half of his estate worth $925,000. Plaintiff, demands a “declaration that all judgments are void, receive full restitution of the amounts paid to satisfy the judgments, and recover attorneys fees and other litigation expenses incurred in the corrupt trials.” (Am.Compl^ 110). E. Remedies Plaintiff seeks damages, “in the amount of judgments, together with interest thereon, to compensate plaintiff for; all monies he wrongfully has compelled to pay in satisfaction of judgments, and lose,(sic) of property, and defendant’s conduct which has severely damages (sic) plaintiffs business reputation, and credit status and prevented him from earning a livelihood. Including his ability to earn future livelihood.” (Am.Compl^ 113). Additionally, Plaintiff wants a declaration that all proceedings in the State Courts of California and the State Courts of Washington are “null, void and of no effect.” (Am. Comply 115(B)). Plaintiff also requests an award of compensatory and punitive damages. Plaintiff asks that the Court establish an independent investigative agency to “prosecute government corruption and corruption in our courts.” (Am.Compl^ 115(M)). Plaintiff also wants that the Court to order the State of California to fund an investigative body that will oversee the Commission on Judicial Performance and the State Bar of California. (Am.Comply 115(N)). III. Legal Standards For Dismissal Defendants argue that pursuant to Fed. R. Crv. P. 12(b)(6), this Court should dismiss Plaintiffs second cause of action for violations of RICO. Under Fed. R. Civ. P. 12(b)(6), a defendant may bring a motion to dismiss a plaintiffs complaint for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). This motion tests whether the allegations of the. Complaint satisfy the requirement of Fed. R. Crv. P. 8(a), which requires a “short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ.P. 8(a). Although there need not be an elaborate recitation of every fact a plaintiff may rely upon at trial, in order to withstand a motion to dismiss, there must be a finding that the Complaint gives the defendant “fair notice of what the plaintiffs claim is and the grounds upon which it rests.” Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). A dismissal is warranted where “it appears beyond doubt that the Plaintiff can prove no set of facts which would entitle him[her] to relief.” Id. at 45-46, 78 S.Ct. 99. The Complaint should be liberally construed in favor of the Plaintiff, and its factual allegations taken as true. Oscar v. University Students Co-operative Ass’n, 965 F.2d 783, 785 (9th Cir.1992), cert. denied, 506 U.S. 1020, 113 S.Ct. 655, 121 L.Ed.2d 581 (1992). Where a plaintiff appears in pro-pria persona in a civil rights ease, the court must construe the pleadings liberally and afford plaintiff any benefit of the doubt. Karim-Panahi v. Los Angeles Police Dep’t., 839 F.2d 621, 623 (9th Cir.1988). In giving liberal interpretation to a pro se civil rights complaint, the Court may not, however, supply essential elements of a claim that were not initially pled. “Vague and eonclusory allegations of official participation in civil rights violations are not sufficient to withstand a motion to dismiss.” Ivey v. Board of Regents of the University of Alaska, 673 F.2d 266, 268 (9th Cir.1982). Nevertheless, the Court must give a pro se litigant leave to amend the Complaint unless it is “absolutely clear that the deficiencies of the complaint could not be cured by amendment.” Noll v. Carlson, 809 F.2d 1446, 1447 (9th Cir.1987). Defendants also argue that this Court should dismiss Plaintiffs complaint for lack of subject matter jurisdiction. Specifically, the Defendants assert that the first and third causes of action are barred by the statute of limitations. Additionally, Defendants believe that the Court does not have subject matter jurisdiction to afford Plaintiffs requested relief in his fourth cause of action. Under Rule 12(b)(1), a defendant may seek to dismiss a complaint for “lack of jurisdiction over the subject matter.” Fed. R. Civ. P. 12(b)(1). When considering a 12(b)(1) motion to dismiss, the district court “is free to hear evidence regarding jurisdiction and to rule on that issue prior to trial, resolving factual disputes when necessary.” Augustine v. United States, 704 F.2d 1074, 1077 (9th Cir.1983). “In such circumstances, ‘[n]o presumptive truthfulness attaches to plaintiff’s allegations, and the existence of disputed facts will not preclude the trial court from evaluating for itself the merits of jurisdictional claims.’ ” Id. (quoting Thornhill Publishing Co. v. General Telephone & Electronics Corp., 594 F.2d 730, 733 (9th Cir.1979)). IV. Parties For Whom The Entire Complaint Must Be Dismissed With Prejudice There are several Defendants who are entitled to immunity from suit in federal court. Accordingly, as discussed bel.ow the Amended Complaint must be dismissed with prejudice as to Defendants: 1) Howatt, ■ 2) Murphy, ,3) Wagner, 4) Barry, 5) Maino, 6) Meyer, 7) Gillivan, 8) the State of California, 9) the Commission on Judicial Performance, and 10) the California State Bar. A. The Judges: Howatt, Murphy, Wagner, Barry, Maino Judges and those performing judge-like functions are absolutely free from liability for damages for acts performed in their official capacities. Ashelman v. Pope, 793 F.2d 1072 (9th Cir.1986) (en banc). Judicial immunity applies no matter how “erroneous the act may have been, and however injurious in its consequences it may have proved to the plaintiff.” Ashelman, 793 F.2d at 1074 (citing Cleavinger v. Saxner, 474 U.S. 193, 106 S.Ct. 496, 88 L.Ed.2d 507 (1985) (quotations omitted)). Judicial immunity is not affected “by the motives with which their [Judges] judicial acts are performed.” Id. at 1077. Thus, intent does not play a role in the immunity analysis.' Id. “A judge will not be deprived of immunity because the action he [she] took was in error, was done maliciously, or was in excess of his [her] authority; rather he [she] will be subject to liability only when he [she] has acted in the clear absence of all jurisdiction.” Stump v. Sparkman, 435 U.S. 349, 356-57, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978) (quotations omitted). Further, “allegations that a conspiracy produced a certain decision should no more pierce the actor’s immunity than allegations of bad faith, personal interest or outright malevolence.” Id. at 1078 (citing Holloway v. Walker, 765 F.2d 517, 523 (5th Cir.1985)). The public policy that underlies judicial immunity is the furtherance of independent and disinterested judicial decision making. Ashelman, 793 F.2d at 1078. To effectuate this policy the Ninth Circuit broadly construes the scope of judicial immunity, which applies even if there are allegations that a judicial decision resulted from a bribe or a conspiracy. Id. The immunity, however, is hot absolute. A Judge is not immune if a plaintiff seeks prospective-injunctive relief. Pulliam v. Allen, 466 U.S. 522, 541—41, 104 S.Ct. 1970, 80 L.Ed.2d 565 (1984). Nor is a Judge immune if he or she acts in clear absence of all jurisdiction or performs an act that is not judicial in nature. Ashelman, 793 F.2d at 1075. An act is judicial in nature if it is a function normally performed by a judge. Id. To determine if the judge acted with jurisdiction, courts analyze whether the judge acted clearly beyond the scope of subject matter jurisdiction in contrast to personal jurisdiction. Id. In the instant case Plaintiff is suing five Judges due to alleged misconduct that occurred during his dissolution proceedings. For example, Plaintiff states that the Judges conspired “to deprive the plaintiff of a fair and impartial trial.” (Am.Compl^ 97). For all causes of action Plaintiff requests an award of damages to compensate him for the divorce judgments he had to pay, his loss of business reputation, and other benefits. Additionally, Plaintiff requests punitive damages. Accordingly, given that neither exception to judicial immunity is applicable, and because Plaintiff seeks damages for alleged violations of his civil rights, the five judges are all immune from suit and must be dismissed from this action with prejudice. B. The Pro Tem Judges Gavin And Meyer Judges and those performing judge-like functions are absolutely free from liability for damages incurred resulting from acts performed in an official capacity. Ashelman, 793 F.2d at 1072. Thus, the general rules of judicial immunity also apply to Pro Tem Judges. 1. Meyer Plaintiffs claim against Judge Meyer is that he was biased and refused to recuse himself even though he was good friends with Ellen Ricotta’s appellate attorney Roy Garrett. Meyer supposedly had adjoining offices with Garrett and shared a secretary. (Am.Compl^ 44). Plaintiff further explains that there was a recusal hearing and the presiding Chief Judge concluded that recusal was unnecessary. (Am. Comply 47). Plaintiff goes on to allege that Meyer applied the law incorrectly. (Am. Comply 48). In light of such allegations, Plaintiff cannot show that Meyer acted in clear absence of all jurisdiction or performed an act that is not judicial in nature. Id. at 1075. Thus, Meyer cannot be sued given the doctrine of judicial immunity. Additionally, the Court notes that while Plaintiff sued Meyer in his individual capacity, there are no allegations in Plaintiffs Amended Complaint concerning Meyer other than his actions while acting as Pro Tem Judge. Thus, this Amended Complaint is dismissed- as to Defendant Meyer with prejudice. 2. Gavin Plaintiff also sues Gavin in an official capacity as a Pro Tem Judge. His allegations against Gavin in an official role amount to one sentence: “At the next hearing, on November 22, 1991, Thomas was astonished to see the judge was Paul E. Gavin acted as Judge Pro Tem as well as attorney of record for Ellen. In an attempt to intimidate Thomas, he slammed the gavel, glared at Thomas and continued the hearing.”- (Am. Compl.1I7). There.are no allegations that Gavin’s assignment as a Judge Pro Tem caused Plaintiff .any harm. The Court surmises that Gavin was erroneously assigned to the case and recused himself accordingly. Thus, the Court does not see how Plaintiff could state a cause of action against Gavin for acts performed as a Judge Pro Tem. Assuming arguendo that Plaintiff could plead some facts to show that Gavin acted clearly outside the scope of his jurisdiction and caused him harm, for the reasons explained, infra at 977-985, all of Plaintiffs causes of action against Gavin must nonetheless be dismissed with prejudice. C. The Court Commissioner, Etta C. Gil-livan Judicial immunity extends to municipal court commissioners. O’Neil v. City of Lake Oswego, 642 F.2d 367, 368 n. 2 (9th Cir.1981). Specifically, under the California Government Code § 72190 the Judicial Commissioner is a judicial officer. As such, judicial immunity extends to commissioners when they perform judicial functions, even if their acts are in excess of jurisdiction or are alleged to have been malicious or corrupt. Franceschi v. Schwartz, 57 F.3d 828, 829 (9th Cir.1995). Moreover, “[Jurisdiction is construed broadly where the issue is the immunity of a judge. [Crooks v. Maynard, 913 F.2d 699,] 701 [(9th Cir.1990)].” Acts performed in excess of jurisdictional authority do not deprive the judge of immunity. Schucker v. Rockwood, 846 F.2d 1202, 1204 (9th Cir.), cert. denied, 488 U.S. 995, 109 S.Ct. 561, 102 L.Ed.2d 587 (1988). This immunity “serves to protect judges not only against monetary damages, but further from vexatious litigation, which can be equally chilling of judicial independence regardless of its outcome.” O’Neil, 642 F.2d at 370. Plaintiff alleges that Commissioner Gillivan perfected an illegal judgment against him contrary to Judge Howatt’s Order. Plaintiff asserts in relevant part that: Attorney Gavin then took this illegal judgment to his friendly commissioner Etta Gillivan, on the one day she was acting as presiding judge. Thomas had already refused to allow her to hear this case, because of her close relationship with attorney Gavin. She signed the Judgment even though there had never been hearing [sic], we were not in her Court and she had no jurisdiction. He then filed it with the San Diego County Recorders Office and Mailed it in the U.S. Mail to Thomas committing mail fraud. (Am.CompU 54). In his opposition Plaintiff further asserts that Ms. Gillivan acted outside her capacity in signing the judgment because: Pursuant to the Code of Civil Procedure 635 and Special Matter Order No. 0191994, designated backup judges may sign routine orders conforming to the minutes made by the assigned independent calendar judge when the assigned judge is unavailable. This delegation of authority does not apply to judgments or orders which are either dispositive of the case or pertain to complex procedural or substantive issues. (PL’s Opp. to County’s Mem. at 3-4).. After hearing oral argument this Court issued an order requesting supplemental briefing. The Court directed the parties to provide a copy of the judgment Plaintiff referred to in the Amended Complaint which he alleged the Commissioner signed. (Order, Feb. 19, 1998, at 3). The attorney for the County responded that they could not find a judgment signed by Commissioner Gil-livan. Plaintiff, however, pointed the Court to exhibit 10 in his RICO case statement. This is a signed order entitled “Judgment Re Attorney’s Fees.” The Judgment reads in its entirety: On July 14, 1993 Judge William Howatt ruled on the matter of unresolved attorney’s fees as follows: Attorney’s Fees and Costs: Attorney’s fees and costs are awarded to the petitioner from the respondent in the sum of $72,766.85. Respondent is entitled to and shall receive credit for such payment as has been previously received and/or paid over toward this obligation. The calculation accepted' by the Court at this time is $72,766.85 minus $21,873.93, which leaves a balance due in the sum of $50,892.00. . ■ ■ It is so ordered. (Pl'.’s RICO case statement, Ex. 1Ó). [31,32] The date of the Judgment is June 2, 1995. The Judgment is signed by Gillivan and underneath her signature is stamped, “signed pursuant to § 635 C.C.P. by the supervising judge, North County Branch, as acting presiding judge.” (Pl.’s RICO Case Statement, Ex. 10). County Counsel did provide a copy of the Order by Judge Howatt of July 14, 1993, to which the June 2, 1995, order refers. The Court can review and consider this Order of July 14, 1993, pursuant to the doctrine of Judicial Notice. Federal Rule of Evidence 201 allows a court to consider official records and reports without converting a 12(b)(6) motion into a Rule 56 motion for summary judgment. MGIC Indent. Corp. v. Weisman, 803 F.2d 500, 504 (9th Cir.1986); Henson v. CSC Credit Servs., 29 F.3d 280, 284 (7th Cir.1994). This Order is entitled “Order after Hearing,” and was •signed by Judge Howatt on July ■ 14, 1993. In this Order on page 3, in a section entitled, “C. Attorney Fees and Costs” is the paragraph Ms. Gillivan’s Judgment copied verbatim regarding the calculation and amount of attorneys fees. After reviewing these orders this Court finds that Commissioner Gillivan did not act in clear absence of all jurisdiction nor did she perform an act that was not judicial in nature. Ashelman, 793 F.2d at 1075. Rather, pursuant to Cal. Code Civ. P. § 635, she signed a judgment for an order previously issued by Judge Howatt. Under § 635, “[i]n all cases where the decision of the court has been entered in its minutes, and when the judge who heard or tried the case is unavailable, the formal judgment or order conforming to the minutes may be signed by the presiding judge of the court or by a judge designated by the presiding judge.” (Cal. Code Civ. P. § 635). In the instant case Gillivan signed a formal judgment confirming an order previously given by Judge Howatt. At this time Judge Howatt was unavailable because he was no longer assigned to Family Court in North County. Thus, Gillivan performed an act judicial in nature and within her jurisdiction. Even assuming arguendo, the. truth of Plaintiffs assertion that under § 635 Judges may not sign judgments or orders that are either dispositive of the case or pertaining to complex procedural or substantive issues, the Court’s analysis remains the same. The Commissioner signed a judgment for an order regarding attorneys’ fees previously given by Judge Howatt. An award of attorneys’ fees is not dispositive of the case, nor is it a complex substantive or procedural issue. The Court recognizes that this Judgment was signed two years after the original order by Judge Howatt, and a year after a subsequent judgment by Judge Wagner on attorneys’ fees. However, jurisdiction is broadly construed when the issue is the immunity of a judge. Judicial immunity applies no matter how “erroneous the act may have been, and however injurious in its consequences it may have proved to the plaintiff.” Ashelman, 793 F.2d at 1074 (citing Cleavinger v. Saxner, 474 U.S. 193, 106 S.Ct. 496, 88 L.Ed.2d 507 (1985) (quotations omitted)). Plus, “[a] judge will not be deprived of immunity because the action he [she] took was in error, was done maliciously, or was in excess of his [her] authority; rather he [she] will be subject to liability only when he [she] has acted in the clear absence of all jurisdiction.” Stump v. Sparkman, 435 U.S. 349, 356-57, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978) (quotations omitted). Thus, even if this judgment was no longer necessary and was signed in error, Plaintiff cannot show that the Commissioner, who acted in accordance to § 635, did so in clear absence of all jurisdiction. Therefore, the Commissioner must be dismissed from this ease with prejudice, Even if the Court could not dismiss Gillivan on the above grounds, Plaintiffs claim against the Commissioner is barred by the Eleventh Amendment. Plaintiff sued the Commissioner in her official capacity for a judgment she signed while on judicial duty. As a result, Plaintiff seeks damages from the Commissioner and a ruling that all judgments entered against him are void. As discussed below this Court does not have jurisdiction to hold that all previous judgments are void. See discussion infra at 979-980. Additionally, to the extent his claim is for damages, an action for money damages against a state official is considered to be a suit against the state and is barred by the Eleventh Amendment if “the state is the real, substantial party in interest, or if judgment is sought against the public treasury.” Shaw v. State of California Dept. of Alcoholic Beverage Control, 788 F.2d 600, 603 (9th Cir.1986). Therefore, Plaintiffs claim against the Commissioner is barred by the Eleventh Amendment, and she must be dismissed from the complaint with prejudice. D. The State Of California And The Commission On Judicial Performance Pursuant to the Eleventh Amendment of the United States Constitution the State of California and the Commission on Judicial Performance must be dismissed from this case with prejudice. First, as to the Commission on Judicial Performance, Plaintiff alleges that he filed complaints with the Commission “on every judge who had violated his rights, as well as the pro tem judges. They stated they had no jurisdiction on the pro tem judges. And after two years of stone walling they did nothing, just as they did on Presiding Judge Greer, and Judges Malkus and Adams case.” (Am. CompU 86). With respect to the State of California Plaintiff alleges that it failed to regulate the state agency of the Commission on Judicial Performance and the State Bar of California. Plaintiff argues that the State of California should fund an investigative body annually, “that will prosecute and correct this kind violations [sic] of the law, Thomas will release them from any liability. It has cost the taxpayer enough!” (Am. Compl. at 38, request for relief) (emphasis in original). With.respect to the RICO claims Plaintiff alleges that the State of California has failed to protect its citizen’s constitutional rights by not enforcing the state law on its own enforcement agencies. Plaintiff argues that the Commission on Judicial Performance has “failed by their own statistics.” (RICO Case Statement at 2). . The Eleventh Amendment provides that the power of the federal judiciary “shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” U.S. Const.Amend. XI. The Eleventh Amendment bars suits against a state brought by its own citizens, whether the relief sought is money damages or an injunction. Shaw, 788 F.2d at 600; Will v. Michigan Dept. of State Police, 491 U.S. 58, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989); Kentucky v. Graham, 473 U.S. 159, 165-67, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985). Plus, a suit against a state agency, in this case the Commission on Judicial Performance is considered to be a suit against the state and is also barred by the Eleventh Amendment. Id. (citing Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 98-99, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984)). Plaintiff argues that the Eleventh Amendment is inapplicable because “he asked the State of California to fund an investigative body as a watchdog to prosecute and correct violations against the citizens of the State of California. Plaintiff seeks no monetary relief for himself.” (Pl.’s Mem. in Opp. to State’s Mem. at 4). Plaintiff also requests an opportunity to amend his complaint because he admits that he erroneously sued the state instead of the chairperson of the commission. Plaintiffs argument regarding monetary relief is not persuasive. First, in his Amended Complaint Plaintiff requests a monetary award, including punitive damages, against all defendants for all causes -of action. Even if the Court construed his request for damages against the State as one strictly for funding an investigative body, the Eleventh Amendment would still bar the suit. The Eleventh Amendment prohibits suits by private individuals against the State if the request for relief requires expenditures of public funds from the State treasury. Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974); Shaw, 788 F.2d at 603 (9th Cir.1986). Because Plaintiff requests that the State of California and/or the Commission allocate funds to establish an agency to serve as a watch dog his suit is barred by the Eleventh Amendment. Therefore, the State and the State Commission on Judicial Performance must be dismissed from the Complaint with prejudice. Finally, this Court need not grant Plaintiff leave to file a Second Amended Complaint to name the actual Commissioner or other employees, because such an amendment would clearly be futile. Noll v. Carlson, 809 F.2d 1446, 1447 (9th Cir.1987); see also Reddy v. Litton Indus., Inc., 912 F.2d 291, 296 (9th Cir.1990), cert. denied, 502 U.S. 921, 112 S.Ct. 332, 116 L.Ed.2d 272 (1991) (holding that a court may deny leave to amend a complaint and dismiss a case with prejudice if any amendment would be futile). As mentioned previously, because Plaintiffs proposed request for relief against the Commissioner would require the expenditure of state funds, it would be barred by the Eleventh Amendment. Edelman, 415 U.S. at 663, 94 S.Ct. 1347. Therefore, the State Bar and Commission on Judicial Performance are dismissed from the case with prejudice, and the Court denies Plaintiffs request to file an amended complaint to name the Chairperson of the Commission as a defendant. E. The State Bar Plaintiff also sues the State Bar. The allegations against the Bar are delineated in paragraph eighty-three in which Plaintiff asserts that he filed.complaints with the State Bar about attorneys Gavin and Meyer, but the State Bar refused to investigate his case. Plaintiff asserts that he appealed the Bar’s inaction within the organization and to the California Supreme Court, who denied his appeal. (Am.Compl-¶ 83). Similar to the analysis above, Plaintiffs Amended Complaint is barred by the Eleventh Amendment. In his opposition Plaintiff asserts that “[t]he relief Plaintiff asks against the State Bar of California is for the State of California to fund an investigative body as a watch dog on the State Bar and to prosecute violations of Citizens rights. He is not, in essence, seeking monetary damages from the State Bar or its officials for himself.” (PL’s Opp. to State Bar’s Mem. at 3). This request for relief requires expenditures of public funds from the state treasury and is therefore prohibited by the Eleventh Amendment. Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974); Shaw v. State of California Department of Alcoholic Beverage Control, 788 F.2d 600, 603 (9th Cir.1986). Even if the Court construed the claim as one for monetary relief solely from the State Bar, the Ninth Circuit has held that “[t]he Eleventh Amendment’s grant of sovereign immunity bars monetary relief from state agencies such as California’s Bar Association and Bar Court.” Hirsh v. Justices of the Supreme Court of the State of California, 67 F.3d 708, 714-15 (9th Cir.1995). V. Defenses That Apply To All Remaining Defendants A. Plaintiff Cannot Establish A Pattern Of Racketeering As Required By RICO Plaintiffs second cause of action is for alleged violations of RICO. Plaintiff asserts that Paul Gavin, as a professional corporation under the law of the State of California, constitutes an enterprise and that all other defendants: associated with the enterprise described above, did knowingly conduct and participate, directly and indirectly, the affairs of that enterprise which was engaged in, and the activities of which affected interstate and intrastate commerce via U.S. Mail (§ 1341) with illegal documents, wire fraud, through a pattern of racketeering activity, as defined in 18 U.S.C. §§ 1961(1) and (5), consisting of multiple acts of conversion, undue influence and bribery of California Superior Court judges. This criminal enterprise caused them to fail in their duty to enforce the Oath of Office and Judicial Cannons of Ethic and the laws of the State of California, obstruction of a fair administration of justice, conversion, bribery, grand theft, perjury and conspiracy- (Am.Compl^ 100). Plaintiff states that this alleged violation has caused him “to lose a life time of work to accrue an estate of $925,000 that was free and clear of any debt and the American Dream. This damage entitles plaintiff to compensatory damages, treble damages and other civil remedies provided by the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962 et. seq.” (Am. Compl-¶ 32). Plaintiff also filed a RICO case statement. The Court reviewed the Case statement and the Amended Complaint simultaneously and found them virtually identical. Plaintiff did not use the RICO case statement to provide the Defendants and this Court with additional facts that were not asserted in his Amended Complaint. To state a claim under RICO Plaintiff must demonstrate: (1) the conduct, (2) of an enterprise, (3) through a pattern, (4) of racketeering activity. Sun Sav. and Loan Ass’n v. Dierdorff, 825 F.2d 187, 191 (9th Cir.1987). Because Plaintiff cannot establish a pattern of racketeering activity this cause of action must be dismissed with prejudice as to all defendants. The identification of a pattern of racketeering activity “has proven a challenging task for courts.” Sever v. Alaska Pulp Corp., 978 F.2d 1529, 1535 (9th Cir.1992). At minimum, to show a pattern of racketeering activity Plaintiff must illustrate that “the racketeering predicates are related, and that they amount to or pose a threat of continued criminal activity.” H.J. Inc. v. Northwestern Bell Telephone Co., 492 U.S. 229, 239, 109 S.Ct. 2893, 106 L.Ed.2d 195 (1989) (emphasis in original). Racketeering predicates are related if they have “similar purposes, results, participants, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated.” Sever, 978 F.2d at 1535 (quoting 18 U.S.C. § 3575(e)). ■ A Plaintiff establishes continuity by showing that the illegal conduct poses a threat of continued criminal activity. Id. In Sever, a former employee of a timber company alleged that the defendant took retaliatory actions after he was critical of the company. Specifically, the Plaintiff alleged that he was fired and subsequently unable to find other work because the employer engaged in various acts to blacklist him from the industry. Id. at 1532. The Ninth Circuit held that the Plaintiff failed to allege a pattern of racketeering activity. Id. at 1535. The Ninth Circuit reasoned that the collective conduct of the employer had the single purpose of impoverishing the employee. The Ninth Circuit also explained that it was persuaded by the fact that there was but a single victim involved. Moreover, there was no suggestion that the defendants would continue their behavior after they 'successfully blacklisted the Plaintiff, nor was their any proof that the Defendants intended harm on anyone other than the Plaintiff. Thus the Ninth Circuit concluded that the predicate acts designed to bring about a single event, to a single person, did not pose a threat of continuity as required by RICO'. Id. at 1535. Similar to Sever, ip this ease Plaintiff alleges that the Defendants engaged in various activities, all with the single purpose of depriving him of a fair dissolution proceeding which caused an unfavorable result. Like Sever, the collective acts of the Defendants alleged in Plaintiffs RICO case statement and the Amended Complaint were for the single purpose of impoverishing Plaintiff, i.e., causing him to lose his estate. As in Sever, there is only one single victim involved, the Plaintiff. Additionally, just like Sever, once the Defendants successfully “took” Plaintiffs estate there was no need for any continued tampering. Plus there is no claim that the Defendants intended to harm anyone but Plaintiff. Accordingly, like the Ninth Circuit in Sever this Court concludes that Plaintiff cannot establish a pattern of racketeering activity. See also Medallion Television Enterprises v. SelecTV of California, Inc., 833 F.2d 1360 (9th Cir.1987), cert. denied, 492 U.S. 917, 109 S.Ct. 3241, 106 L.Ed.2d 588 (1989) (holding that a broadcaster’s misrepresentations that induced a Plaintiff to enter a joint venture did not constitute a pattern of racketeering activity, because the case involved a single victim and a single fraud which was complete once the joint venture acquired the broadcasting rights); Jarvis v. Regan, 833 F.2d 149, 152-53 (9th Cir.1987) (holding that the Plaintiff could not establish a pattern of racketeering by allegations that legal organizations committed three predicate acts of mail and wire fraud in obtaining a single federal grant to defray costs of opposing a ballet initiative). Hence, because Plaintiff cannot establish a pattern of racketeering activity his RICO claim must be dismissed with prejudice for all Defendants. The dismissal is with prejudice because it is clear that the deficiencies in this cause of action cannot be cured by amendment. Noll v. Carlson, 809 F.2d 1446, 1447 (9th Cir.1987); Reddy v. Litton Indus., Inc., 912 F.2d 291, 296 (9th Cir.1990), cert. denied, 502 U.S. 921, 112 S.Ct. 332, 116 L.Ed.2d 272 (1991). Under no set of facts can Plaintiff establish that the various acts designed to deprive him of his marital estate constitutes a pattern of racketeering activity. This Court may dismiss this cause of action with prejudice as to Defendant Wee-don even though he has not yet answered the complaint. Yahya M.A. Omar v. Sea-Land Service, Inc., 813 F.2d 986 (9th Cir.1987); Silverton v. Department of Treasury Etc., 644 F.2d 1341, 1345 (9th Cir.), cert. denied, 454 U.S. 895, 102 S.Ct. 393, 70 L.Ed.2d 210 (1981). In Silverton, the Ninth Circuit held that “[a] District Court may properly on its own motion dismiss an action as to defendants who have not moved to dismiss where such defendants are in a position similar to that of moving defendants or where claims against such defendants are integrally related.” 644 F.2d at 1345. In the instant case Defendant Weedon is in an identical position to all other moving defendants who claimed that Plaintiff cannot establish a pattern of racketeering activity. The claims against Fred Weedon are also integrally related because Plaintiff alleges that he and the other Defendants were involved in a conspiracy. Thus, as the Court has dismissed the RICO cause of action as to all Defendants with prejudice, a sua sponte dismissal of the cause of action as to Defendant Weedon is appropriate. As further explained by the Ninth Circuit in Omar, a trial court may dismiss a claim sua sponte under Fed. R. Civ. P. 12(b)(6) without notice when the claimant cannot possibly win relief. The Ninth Circuit suggested that a sua sponte dismissal is even more appropriate if the Plaintiff had an opportunity to litigate the issue. 813 F.2d at 991. In the instant case under no circumstances can Plaintiff state a RICO claim based on the alleged acts of the Defendants to deprive him of his marital estate. Moreover, in opposing the motions to dismiss brought by the seventeen other Defendants, Plaintiff had adequate notice and an opportunity to litigate the issue of whether he could state a claim under RICO. Therefore, this Court sua sponte dismisses Plaintiffs second cause of action as to Defendant Weedon. B. This Court Does Not Have Subject Matter Jurisdiction Over Plaintiff’s Fourth Cause Of Action In Plaintiffs fourth cause of action he claims that as a result of the “unlawful and corrupt conduct of above [sic] mentioned enterprise, plaintiff was deprived of an impartial and fair trail, [sic] deprived of due process rights, and was a victim of discrimination.” (Am.Compl.f 110). Plaintiff believes that but for the wrongful enterprise he would have prevailed and received one half of his estate of $925,000. He asserts that “[u]n-der the principles of equity and California Common Law, plaintiff is entitled to declaration that all judgments are void, receive full restitution of amounts paid to satisfy judgments, recovery of attorneys’ fees and other litigation expenses incurred in the corrupt trials.” (Am.Compl.fl 111). Because Plaintiffs requested relief requires the Court to assess the validity of state court judgments, the claim is outside the Court’s jurisdiction. As the individual Defendants assert, federal courts are courts of limited subject matter jurisdiction. For example, “ ‘lower federal courts possess no power whatever to sit in direct review of state court decisions.’ ” Dist. of Columbia Ct. of Appeals v. Feldman, 460 U.S. 462, 483 n. 16, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983) (quoting Atlantic Coast Line R. Co. v. Brotherhood of Locomotive Engineers, 398 U.S. 281, 296, 90 S.Ct. 1739, 26 L.Ed.2d 234 (1970)). See also, Rooker v. Fidelity Trust Co., 263 U.S. 413, 415, 44 S.Ct. 149, 68 L.Ed. 362 (1923) (holding that no court of the United States other than the Supreme Court can entertain a proceeding to reverse or modify a state judgment for errors.); Worldwide Church of God v. McNair, 805 F.2d 888, 890 (9th Cir.1986) (stating that district courts have no authority to review the final decisions of state courts). Only the Supreme Court of the United States has subject matter jurisdiction to review a final judgment of a state court. Feldman, 460 U.S. at 474, 103 S.Ct. 1303. Under what has come to be known as the Rooker-Feldman doctrine, “[i]f the constitutional Claims presented to a United States District Court are inextricably intertwined with the state court [decision], then the District Court is in essence being called upon to review the state court decision. This the District Court may not do.” Feldman, 460 U.S. at 483 n. 16, 103 S.Ct. 1303. The Rooker-Feldman bar is jurisdictional. Worldwide Church of God, 805 F.2d at 890-93. The doctrine prohibits federal court review of state judgments even when the challenge to the state court decision involves federal constitutional issues. Feldman, 460 U.S. at 484-86, 103 S.Ct. 1303; Worldwide Church of God, 805 F.2d at 891; Robinson v. Ariyoshi, 753 F.2d 1468, 1472 (9th Cir.1985), vacated on other grounds, 477 U.S. 902, 106 S.Ct. 3269, 91 L.Ed.2d 560 (1986). Additionally, the Rooker-Feldman doctrine applies even when the state court judgment at issue is not final. Worldwide Church of God, 805 F.2d at 893 n. 3. In short, the Rooker-Feldman doctrine bars federal litigation if, “there has already been actual consideration of and a decision on the issue presented ... ■. If consideration .and decision have been accomplished action in federal court is an impermissible “appeal” from the state court judgment.” Robinson, 753 F.2d at 1472 (citations omitted). See also Worldwide Church of God, 805 F.2d at 892 (quoting Robinson, 753 F.2d at 1472). Hence, because Plaintiffs fourth cause of action asks the Court to review and revise a state court judgment,, the claim is outside this Court’s jurisdiction. While not binding precedent, the Fifth Circuit’s holding in Hale v. Harney, 786 F.2d 688 (5th Cir.1986), also informs and supports the Court’s conclusion. In Hale, the Plaintiff sought to challenge- a divorce decree through an action in federal court in which he claimed that his former wife, her lawyer, and the state judge who rendered the decree conspired to violate his constitutional rights in the underlying state litigation. Id. at 689. The Fifth Circuit found that the Plaintiffs claims in the federal action were “inextricably intertwined” with the state court decree because much of the relief sought by the Plaintiff amounted to a modification of the decree. Id. at 690-91. The Fifth Circuit held that the Plaintiffs claims were barred by Feldman and explained that “litigants may not obtain review of the state court’s actions by filing complaints about those actions in lower federal courts in the form of civil rights suits.” Id. at 691. The facts in the instant case are strikingly similar. As the Fifth Circuit concluded in Hale, this Court finds that it does not have jurisdiction to declare all state judgments void and may not award restitution, attorneys’ fees, and costs. Thus, Plaintiffs fourth cause of action must be dismissed as to all Defendants with prejudice. - C. The Statute Of Limitations Bars Plaintiffs First And Third Causes Of Action In Pláintiff s first cause of action he claims that the Defendants violated his rights under the First, Fourth, Ninth, Tenth, Thirteenth, and Fourteenth Amendments of the United States Constitution. Plaintiffs third cause of action is brought under 18 U.S.C. §§ 1985 & 1986. All of these claims are barred by the statute of limitations. ■ Because §§ 1983 & 1985 do not contain their own limitations period, federal courts look to the forum state’s statute of limitations for personal injury torts. Wilson v. Garcia, 471 U.S. 261, 269, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985). In California, the applicable statute provides for a limitations period of one year from the date the cause of action accrues. Cal. Civ. P. Code § 340(3). Therefore, the one year statute of limitations governs claims brought under §§ 1983 & 1985. McDougal v. County of Imperial, 942 F.2d 668, 672-74 (9th Cir.1991). The statute of limitations for § 1986 is also one year. Burnett v. Grattan, 468 U.S. 42, 48, 104 S.Ct. 2924, 82 L.Ed.2d 36 (1984). Federal law determines when a cause of action accrues. Compton v. Ide, 732 F.2d 1429, 1432 (9th Cir.1984). A cause of action generally accrues when a Plaintiff “knows or has reason to know of the injury which is the basis of his action.” McCoy v. San Francisco, City & County, 14 F.3d 28, 29 (9th Cir.1994) (internal citations and quotations omitted). The County’s argument, in which all other Defendants join, is that Plaintiffs initial Complaint was filed on October 15,1997, and that even with the most generous determination as to when his claims accrued the action is untimely. The County asserts that the last act of misconduct allegedly occurred on September 13, 1996. The Court has carefully reviewed the docket and the Amended Complaint. The County is incorrect in several respects. First, Plaintiff filed this Complaint on September 15, 1997, and not October 15, 1997. While Plaintiff filed a RICO case statement on October 15, 1997, this is considered ari amendment to the original pleadings. Looal Rule 11.1. This amendment relates back to the date of the original because the information in the RICO case statement arose out of the same conduct, transaction and occurrence as set forth in the original pleading. Fed. R. Civ. P. 15(c). Plaintiff then filed a first Amended Complaint on November 5, 1997, to add Etta C. Gillivan as a defendant. Assuming arguendo that the Amended Complaint would relate back to the original for all defendants, even newly added Etta C. Gillivan, the most favorable date for Plaintiff in the statute of limitations analysis is September 15, 1996. This is the date Plaintiff filed his original complaint. After reviewing the Amended Complaint the Court concludes that the only act that supposedly occurred after September 15, 1996, happened on September 30, 1996. On September, 30, 1996, Judge Murphy signed an order that he explained and gave orally on September 13, 1996. But, at this hearing on September 13, 1996, Plaintiff objected to the Order that Judge Murphy instructed attorney Garrett to submit confirming his verbal instructions. In fact, Plaintiff contends that at the September 13, 1996, hearing Judge Murphy admitted both his bias and that the Order was wrong and illegal. (Am.CompLI 78). As of September 13, 1996, Plaintiff was aware of all the alleged acts that he claims violated his constitutional rights and his causes of action began to accrue. Therefore, Plaintiffs first and third causes of action brought pursuant to §§ 1983, 1985, and 1986 are barred by the statute of limitations and must be dismissed with prejudice as to all defendants. This Court is comfortable dismissing these claims with prejudice because it cannot conceive of any circumstance under which Plaintiff would be entitled to toll the statute of limitations, or request equitable tolling. The doctrine of equitable tolling only applies “occasionally and in special circumstances.” Addison v. State of California, 21 Cal.3d 313, 316, 146 Cal.Rptr. 224, 578 P.2d 941 (1978). In general the application of the doctrine requires timely notice, lack of prejudice to the defendant, and reasonable and good faith conduct on the part of the plaintiff. Addison, 21 Cal.3d at 316, 146 Cal.Rptr. 224, 578 P.2d 941. While Plaintiff fails to plead any grounds for tolling or equitable tolling the Court suspects that he would raise two arguments to support such a claim. First, as to tolling, Plaintiff asserts in his Amended Complaint that he exhausted his state court remedies. The Court interprets this to mean that Plaintiff filed various complaints, appeals, and other actions in state court relating to the matter. In his Amended. Complaint Plaintiff describes how he filed four appeals, wrote the presiding judge of San Diégo Court, filed complaints with the California State Bar and went, “finally to the California Supreme Court with a verification of accusation about attorney Gavin. After two years he got a letter stating his request was denied.” (Am.Compl.l 27). Plaintiff filed an action with the Supreme Court of California who refused to hear the case. He then filed for writ of certiorari to the United States Supreme Court which the Court denied on March 26, 1997. (Am. Compl.lffl 82-84). There is no exhaustion requirement for § 1983 complaints brought by non-prisoners thus tolling on such grounds would not be appropriate. Moreover, affording Plaintiff leave to file a Second Amended Complaint to assert such facts as a basis for equitable tolling would be futile. First, Plaintiff has filed appeal after appeal, he has approached various agencies, administrative bodies, and courts to argue for relief. He obviously has an understanding of the legal system, and appreciates that . various courts and agencies may be able to afford him relief. However, Plaintiff failed to file a claim in federal court in the midst of all the claims made to the United States Supreme Court, State Appellate Court, Supreme Court of California, the presiding judge of the San Diego Court, the Commission on Judicial performance, and the California State Bar. Plaintiffs own actions show he was capable of pursuing simultaneous remedies for alleged wrongs in various legal arenas. His failure to bring such claims at an earlier date in federal court is unreasonable and in bad faith. The Plaintiff is dangerously close if not an- actual vexatious litigant, at least with respect to his dissolution of marriage. The Court does not understand what good x-eason he could have for failing to file his complaint in federal court in a timely fashion. The. various individuals named in Plaintiffs Amended Complaint have been forced to defend themselves over and over again in various forums, to require them to do so yet again in federal court at this late hour would be highly prejudicial. Second, Plaintiff could argue he is entitled to tolling with a claim that he did hot discover his x’ights were violated- until after September 15, 1996. The Court would not find this position persuasive. Distilled to its essence, Plaintiffs complaint is that he was mistreated and discriminated against during his divorce proceedings. In his Amended Complaint Plaintiff alleges the acts that violated his rights were open and obvious. For example, Plaintiff makes references to “the obvious conspiracies,” (Am.Compl.f 7