This is an example of a common law "notice and demand" for payment with property instead of money.



Please take notice of the following:


On February 1, 1998 I.B. INJURED and U.R. OBLIGATED entered into an agreement, a copy of which is attached as Exhibit A, and incorporated as though fully stated herein. U.R. OBLIGATED presented himself as a leasing agent duly authorized to act in this matter for the owners. U.R. OBLIGATED also represented that HEYOU SIGN DIT, the signatory to the agreement, was one of the owners of the property.

At all times during the term of the agreement PRINCE IPAL WUN and PRINCE IPAL TU were the true principals, and U.R. OBLIGATED and HEYOU SIGN DIT were in fact unlicensed agents acting for PRINCE IPAL WUN and PRINCE IPAL TU. Both principals, PRINCE IPAL WUN and PRINCE IPAL TU, are the true owners of record of the improvements (sometimes called My Royal Palace) and real property commonly known as 12345 Calle Real, Regal City, California; the legal description of which is:

    Lot 1. Of Tract No. 1, in the City of Regal, County of Los Angeles, State of California, as per map recorded in Book 1, Page(s) 1 and 2 of Maps, in the office of the County Recorder of said County.

    EXCEPTING THEREFROM, all precious metals and ores thereof, as excepted from the partition between John Doe and Mary Roe in the partition deed recorded in Book 1, Page 1 of Deeds.

The above property is vested as follows: PRINCE IPAL TU, a married man as a sole and separate property as to an undivided 25% interest since August 3, 1993; and PRINCE IPAL WUN, a married man as a sole and separate property as to an undivided 75% interest since June 1, 1990. Any Ol' Bank (1000 E. Bank Blvd., Any Ol' City, CA 90000), a corporation registered in the State of California, and acting through George Bosso, is a lender and beneficiary of record whose interests in this matter are managed by trustee of record Another Escrow, Inc., 1000 W. Escrow Blvd., Grovel, CA 90000.

During the term of the agreement U.R. OBLIGATED

    1. Communicated to I.B. INJURED and approved the owners' choice of colors,

    2. Regularly inspected, approved, and praised the work as it progressed,

    3. Delivered progressive payments to I.B. INJURED,

    4. Executed final inspection and approval, and acknowledged that final payment would be forthcoming.

As required by the agreement, the work was timely and properly completed on February 22, 1998 (15 working days, 21 calendar days). On February 25, 1998, the city inspector inspected the sign and determined that the sign exceeded all requirements of the city--the sign was better than required.

Since the completion of the agreement no factual evidence has been presented that would show any breach of agreement on the part of I.B. INJURED. Instead, since February 25, 1998, U.R. OBLIGATED has repeatedly informed I.B. INJURED that the $750 balance of the bill of charges plus $88 reimbursable expenses (cost of city permit) will arbitrarily never be paid.

On March 11, 1998, U.R. OBLIGATED (who claimed he was speaking in behalf of and under the direction of the owners) by threatening no payment at all and promising future payment of the balance, extorted or attempted to extort additional labor and finishing materials, all gratis, from I.B. INJURED.


You are in breach of our agreement as follows:

    1. You have not timely paid the $750 balance of the bill of charges.

    2. You have not repaid the $88 in Federal funds advanced in your behalf.

    3. You have extorted additional labor and materials which were never part of the agreement.

    4. With full knowledge of the correct facts you have lied about your status, as a duly authorized agent or owner or trustor, so as to induce me to enter into an agreement with you which, if all the facts had been then known, I.B. INJURED would never have joined with you.

    5. You have taken unjust enrichment by fraudulent means, i.e. by taking the benefits of labor and materiel by making promises which you never intended to keep.


Because of your breaches, I.B. INJURED has suffered the following injuries:

    1. Loss of labor which you received to unjustly enrich yourselves,

    2. Loss of property which you received to unjustly enrich yourselves,

    3. Loss of opportunity because time spent beyond the terms of the agreement is time spent not servicing other business opportunities,

    4. Anguish.


You have a moral, legal, and lawful duty to not cause injury. In accordance with the Universal Imperatives, you must not, engage in any activity such as extortion, lying, or breach of contract, which would cause an unwanted injury to another. Those Universal Imperatives are codified in the Codes of the State of California, i.e. Penal Code, Civil Code, Business and Professions Code.


You are breaching that duty by

    1. Refusing to pay the balance of the bill of charges,

    2. Lying about your ownership status,

    3. Lying about your agency status,

    4. Extorting involuntary labor without compensation,

    5. Extorting materials without compensation,

    6. Refusing to reimburse for expenses,

    7. Making false promises about your intent to complete your part of the contract,

    8. Lying about your obligations to other parties, and

    9. Taking by fraudulent means.


Because you have said and demonstrated that you have no intent to pay the balance of the bill of charges; because you have no apparent source of funds with which to satisfy your obligation; because you were and are prohibited by your trustor status from incurring this obligation to I.B. INJURED; because you defrauded and lied when you should have not so done; and because you have extorted, now therefor your immediate visible property aforementioned shall be the restitution and penance by which I.B. INJURED shall be restored to his rightful status and you justly punished for your moral and legal offenses.


NOW THEREFORE, I.B. INJURED demands that you, and each of you execute and deliver to I.B. INJURED within thirty calendar days of service of this notice and demand, a quitclaim deed to remise, release and forever quitclaim to I.B. INJURED the aforementioned property for the valuable consideration of the injuries I.B. INJURED suffered at your hands, and as a penance for your transgressions; or show cause why said demand should not be enforced in a court of record in California.


If you fail to satisfy the demand within the allotted time after having been duly served with this notice and demand, then by tacit procuration I.B. INJURED or his nominee or his assigns will determine for you the following:

    1. That the aforesaid demand is just,

    2. That a court of record in California may enforce the demand either ex parte or con parte,

    3. That you, and each of you, concur and are satisfied with the justness of the demand, and the process by which the demand shall be enforced.

Further, if you fail to satisfy the demand within the allotted time after having been duly served with this notice and demand, then I.B. INJURED will take lawful action in a court of record (in personam and in rem),

    1. To defend against any of you or persons acting in concert with you who have caused any injuries to I.B. INJURED;

    2. To secure his substantive rights, and

    3. To redeem the aforementioned restitution and penance owed to him.

Please do not contact I.B. INJURED by telephone. In order to avoid any misunderstanding, all communications shall henceforth be on the record, i.e. in writing and duly served. Please serve all communications and process directly to:

54321 Victim Rd
Costa Mesa, California
March 13, 1998