IN THE DISTRICT COURT OF MESA COUNTY

STATE OF COLORADO

Case No.: 22CV30297

Division 10, Courtroom 10

PLAINTIFF:

Diana Seehase and the Horses of the Sea Irrevocable Trust

DEFENDANT:

Wedding Canyon Estates II

RESPONSE AND COMPLAINT TO JUDGE’S ORDER OF JANUARY 3, 2025, REQUEST FOR RECUSAL, AND MOTION TO DISMISS

COMES NOW, Plaintiff, Diana Seehase, Pro Se, and respectfully submits this Complaint and Response to the Court’s Order issued January 3, 2025. In support thereof, Plaintiff states as follows:

1. Introduction

This lawsuit, initiated by Wedding Canyon Estates II (WCE II) and its legal counsel, including Andrew H. Teske, John T. Pryzgoda, Stephanie Rubinstein, and other attorneys associated with their offices, is a frivolous and abusive use of the legal system. The lawsuit demonstrates clear conflicts of interest, abuse of power, and exploitation of a disabled individual. Judge JenniLynn Everett Lawrence’s involvement in this case has further perpetuated these unlawful actions, depriving me of due process and my right to a fair jury trial.

The preparation for trial in this matter requires sufficient time and opportunity to submit all necessary discoveries, depositions, evidence, and subpoenas. These actions are essential to fulfilling my legal obligation to present evidence and meet my burden of proof. Further, Judge Lawrence’s rulings and statements demonstrate bias, as the Court has failed to respect my legal rights, including my protections under the ADA, federal law, and Colorado law.

Additionally, I am not a member of Wedding Canyon Estates II (WCE II), an HOA that was created on August 3, 2022, after I was already a resident in the subdivision. Membership in this HOA cannot be forced under Section 7-126-102 of Colorado law. Despite these legal protections, the judge’s actions appear to facilitate an illegal foreclosure against me, a disabled individual, in violation of state and federal laws.

2. Misrepresentation of Filings

a. False Statement Regarding “54 Filings”:

Judge JenniLynn Everett Lawrence falsely stated in public rulings that I have submitted “54 filings” in this case. This statement is entirely untrue and misrepresents my efforts in this case. I have submitted only three filings, which are:

• Motion to Strike

• Motion for Sanctions

• Motion for Recusal of the Judge

These filings are based on federal and state laws and are necessary to address significant procedural and substantive issues in this case. By mischaracterizing my filings as excessive, Judge Lawrence seeks to justify her actions in stripping me of my rights and delegitimizing my efforts to seek justice.

b. Impact of False Statements:

This false narrative has been used to unfairly characterize me as overly litigious and justify unlawful rulings against me. Such actions undermine my right to due process and create an appearance of judicial bias that compromises the fairness of these proceedings.

3. Frivolous Nature of the Lawsuit

a. Lack of Legal Basis:

The lawsuit by WCE II and its counsel is baseless, as I am not a member of WCE II under Section 7-126-102 of Colorado law. WCE II was created after I became a resident, and membership cannot be forced upon me.

b. False Accusations of Criminal Behavior:

The opposing parties have falsely accused me of committing crimes on my own legal property. These unfounded allegations have been used to restrain me from my property for three years, despite my continued payment of property taxes and insurance as the legal owner.

c. Exploitation of Disability:

This lawsuit represents an attempt to exploit my status as a disabled individual, targeting me through a scheme designed to force foreclosure and render me homeless. This conduct violates federal protections under the Hobbs Act and the ADA.

4. Conflicts of Interest and Abuse of Power

a. Conflict of Interest with Andrew H. Teske:

Andrew H. Teske, a Grand Junction Planning Commissioner and HOA attorney, has a clear conflict of interest in this case. His position as a public servant creates an appearance of impropriety, as he seeks to use his influence to benefit WCE II at my expense.

b. Conflict of Interest with Stephanie Rubinstein:

Stephanie Rubinstein, an attorney involved in this case, is the wife of the District Attorney and a past judge of the Mesa County Courts. Her involvement raises significant concerns about impartiality and fairness in these proceedings.

c. Abuse of Connections and Power:

The opposing parties and their counsel have leveraged their professional connections to perpetuate an unlawful and biased legal campaign against me. Their actions amount to extortion, abuse of power, and exploitation of my vulnerable status as a disabled individual.

5. Judicial Complicity

a. Unlawful Rulings:

Judge JenniLynn Everett Lawrence has made numerous unlawful rulings since this case began in 2022, consistently favoring the opposing parties and disregarding my rights under state and federal law.

b. Denial of Due Process:

Despite my numerous attempts to assert my legal rights, the Court has failed to provide due process, depriving me of the opportunity to defend myself adequately.

c. Denial of Jury Trial:

The judge has denied me my constitutional right to a jury trial, further violating my rights and undermining the fairness of these proceedings.

6. Relief Requested

WHEREFORE, Plaintiff respectfully requests that the Court:

1. Acknowledge the Misrepresentation of Filings: Correct the record to reflect that I have filed only three motions, as outlined above, and publicly address the false statement that I have submitted “54 filings.”

2. Acknowledge Trial Preparation Needs: Recognize that filing documents, subpoenas, and evidence is a fundamental right under civil procedure and is essential to ensuring a fair trial.

3. Correct the Record Regarding Legal Representation: Publicly acknowledge that State Farm insurance attorneys do not represent me for offense in this case and that I am entitled to exercise my pro se rights.

4. Reassess the January 3, 2025, Order: Modify or withdraw any characterizations of my trial preparation filings as “excessive.”

5. Ensure Judicial Impartiality: Grant my request for the recusal of Judge JenniLynn Everett Lawrence due to demonstrated bias and constitutional violations.

6. Acknowledge Non-Membership in WCE II: Recognize that I am not a member of WCE II and that any actions attempting to impose membership or obligations are unlawful.

7. Address Conflicts of Interest: Investigate and address the clear conflicts of interest involving Andrew H. Teske and Stephanie Rubinstein.

8. Enforce ADA Protections: Provide reasonable accommodations and ensure compliance with the ADA to prevent further discrimination against me.

9. Grant a Jury Trial: Respect my constitutional right to a jury trial and ensure that my case is heard and decided fairly.

10. Investigate Violations of the Hobbs Act: Investigate the opposing parties and their counsel for potential violations of the Hobbs Act and other federal laws.

11. Dismiss This Case: Dismiss this case in its entirety based on the facts and violations stated above, as this lawsuit is frivolous, unlawful, and violates my constitutional rights.

7. Conclusion

The frivolous lawsuit brought by WCE II and its counsel, combined with judicial bias and unlawful rulings, has deprived me of my constitutional rights and targeted me as a disabled individual. This case is a clear example of abuse of power, conflicts of interest, and extortion. I respectfully request that this Court take immediate action to ensure my rights are protected, that the false statements made in rulings are corrected, and that this case is dismissed in its entirety.

Respectfully submitted this 7th day of January, 2025.

By:

Diana Seehase

802 Wedding Canyon Court

Grand Junction, CO 81507

(720) 851-5900

Plaintiff, Pro

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