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5
Attorneys HOl\lE LOANS,
Attornevs for Non-Party COUNTRYWIDE HOME LOANS, INC.
INC.
6
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CALIFORNIA
9
FOR THE COUNTY OF LOS ANGELES, WEST
WEST DISTRICT
DISTRICT
10
11
11
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N/VIF
N IVIl<: S;\i\L\,\N, ct a!.,
aI., Case No. SCUR74()(l
SCU87400
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'" Plaintiffs, EX PARTE APPLlCATION
APPLICATION FOR
FOR AN
AN
o '! ORDER SHORTENING
SHORTENING TIME
TIME TO
TO
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HEAR NON-PARTY
NON-PARTY COUNTRYWIDE
COUNTRYWIDE
~ ~ ~ 14
\·s.
\"s. HOME LOANS,
LOANS, INC.'S
INC.'S MOTION
MOTION FOR
FOR
~ >- ~ MONETARY SANCTIONS'
SANCTIONS' AGAINST
AGAINST
U ~ :i DEFENDANT JOSEPH
JOSEPH ZERNIK
ZERNIK FOR
FOR
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• 15 jOS/':PI J I.I':RNIK,
JOSI,:PII et a!.
/'I':RNIK, ct al. VIOLATIONS OF
OF THEJLJLY
THE JULY 23, Z007
23,2007
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16
PROTECTIVE ORDER
ORDER AND
AND FOR
FOR
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Defendants. OTHER RELIEF
RELIEF ON
ON THE
THE EARLIEST
EARLIEST
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POSSIBLE HEARING
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DATE;
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MEMORANDUM
MEMORANDUM OF OF POINTS
POINTS AND
AND
(/)
(/)
18 AUTHORITIES
Wiled concurrently
concurrently wit
withh Dec!a:-ations
Dec!a:-ations of
of
19
JJenlla i\Ioldawsky
I\Ioldawsky and
and Todd.
Todd.\\ Boock
Boock
20
IProposed I Order
OrderI
21
E"
E,o Parte
Parte Hearing
Hearing
Date: December 15,
December 15, :2lHlf)
:21)Of)
Time: 8:30 a.m.
:1.m.
22
Dept: WE]
23
27
27 r:~5 S;111ta ~.lonica,
P~5 :'\Iain Street, S;111t:1 ~.1onica, California 90401,
9U401, l'\on-Parll'
. Counrnwidc
i'\on-Parry Countrywide
. If lome
lome Loans,
Loans, lnc.
Inc.
28 CCountr;'\yide")
CCountr;O\\ide") will, and hereby does, apply ev\'p,Jrfe
Cv\;:p,Jrfe for an order
order shortening
shortening tlme
tJme to
to hear
hear
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AI'['LllilTION
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Countrywide's Motion (1) for monetary sanctions against Defendant Joseph Zernik
2 ("Zernik") for his repeated violations of the July 23, 2007 Protective Order directing Zernik to
3 communicate solely with Countrywide's designated counsel regarding the present action and
44 no other Countrywide officers or employees ("Court Order"); (2) for an order to shO\v cause
6 his continued violations of the Court Order; and (3) for a modification of the Court
Court Order to
77 include officers and employees of all Countrywide affiliates, including Bank Of ,\merica
;\merica
9 Despite already being sanctioned by the Court for repeated violations of the Court
Court
]0
10 Order and being found
found guilty of contempt
contempt for those violations, :l.ernik continues to flagrantly
]11
1 \"iolate the July 2.), 20CJ7
2007 Court Order, which this Court deemed to be in full force and effect,
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12 and therefore Countrywide applies e.\:jJUl1e
e.\:pUl1e for the earliest possible hearing
hearing date to resolve this
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8, 20U9,
2009, which would provide the
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COOlI exist:,; to grant this E\: PUl1e
PUl1e A.pplication because Countrywide's senior
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haraSSfnent by !'ernik,
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proteeri\'e order directing /ernik
I'.ernik to communicatt
communicate soleh· with
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18 C:ountrnvide's
C:ounttvwide's designated counsel, despite the Court issuing
issuing $1 (l, 170 1n sanctions against
$1(l,17() against
19 /enllk
/.enllk for his \io]ations
violations of the Court Order,
Ordn and despite
,
desl)ite the Court finding
ttndinu /ernik
/.crnik guilty
()
guiltv of l .
l':xhibits J':.c;
22 Countrnvide. (Sec }':xhibits 1'>(; to J\loldawsky Dec!.)
Ded) Further, Zernik has expanded his
1" harassment to include officers and
1"
L.)
L.) and emplm'ees
emploYees of Bank of ;\merica Corpor:ltion,
Corpor:trion, which merged
24 \\ith
with Countrywide earlier this ,year.
-,
.
25 !'ernik has repeatedly and willfully \~iolatcd
I.l'rnik \~iolated the Court Order, and hJS indicated no
26 intention of comphing with the terms of the Court Order, despite Counttnvi.Je's
Coumrnvi.Je's repeated
28 certaIn to continue unabated , and the harassment will imariabh-. escalate a~;
a~; itit nas in the past.
2
f:\ I'ARTI'\I'PLICA
f"\ 1101\;
I'ARTI'·\PPLICATION
-2-
Thus, Countrywide requests that the Court set the earliest possible hearing date or specially
2 set a hearing date ofJanuary 8, 2009, which would provide the parties with sixteen court-days'
3 notice.
5 ,\pplication was provided to the parties, via facsimile and email, on December 11, 2008, well
Application
6 before the 24-hour deadline. (Moldawsky Dec!. ~ 10, Ex. K.) The notice set forth the date,
(}"'Ioldawsky Ded.
8 requested. (Id.)
9 This Ex J>arle
/larle ;\ppLication is made pursuant to Rules 3.12UO
3.121.10 ct .req. of the California
c! Jeq.
IO
10 Rules of Court, and is based on this Notice, the attached lvlemorandum
lviemorandum of Points and
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othel' and further e\,idcncc presented at the hearing on this E.\;
C\·idencc as may be prescnted l:x
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!Jill"fe .\ pplication.
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BRY.\:\i C\ VI': LLP
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John w. r'~sll'
,\mbcrg, f'~sel'
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i\lo1dawsky, r'~seJ'
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1 MEMORANDUM OF
MEMORANDUM OF POINTS
POINTS AND
AND AUTHORITIES
AUTHORITIES
2 I. INTRODUCTION
INTRODUCTION
3 Non-Party Countrywide
Countrywide Home
Home Loans,
Loans, Inc.
Inc. ("Countrywide") applies ex
("Countrywide") applies ex parte
parte for
for an
an
8 Court Set
set the earliest possible hearing
hearing date
date for
for Countrywide's
Countrywide's Motion,
Motion, or
or in
in the
the alternative,
alternative, to
to
]0 nouce.
notIce.
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]2 Countrywide was simply a third-party document subpoena
subpoena recipient
recipient which
which has
has been
been subjected
subjected
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I'.ernik because Countrywide's
Countrywide's production
production of
of documents
documents did
did
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nor support /.crnik's
/.ernik's skC\ved view of his case. .\
.\ protectivc
protective order
order directing
directing /.ernik
/.ernik to
to
.. >- Ie
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and no
no other
other officers
officers or
or
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2007 (the
(the "Court
"Court Order").
Order"). !"ell'
!"elf
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f 17 the next sn'eral
st:'\'eral months, !.ernik
I'.ernik repeatedly and wilJfully
willfully \'iolated the
the Court
Court Order.
Order. On
On
.z..
tfI
18 l<ebruary 15, 20()8, the Court held that the Court Order remained
remained in
in full
full force
force and
and effect
effect and
and
19 issued S1(l,
S 1(l, 17()
I7() in sanctions against !.ernik
/.ernik for his violations thereof.
thereof l'urther, on
on i\larch
i\larch 11,
11,
~1
21 of a lawful court order and sanctioned him accordingly.
22 !.ernik
I'.ernik is still engaged in the all too familiar campaign of harassment
harassment directed
directed at
at
)"
~-)
~-) Countly"\vide's officers and employees, one in which he continues to
to repeatedk,
repeatedk, willfully
willfully and
and
24 f1agrantl\" violate the terms of the Court Order. 7ernik has recently escalated ,md
flagranth" ,md expanded
expanded
27 claiming ignorance
claiming ignurance of
of the
the Court
Court Order,
Order, and,
and, in
in one
one email,
email, asking
asking "How
"How long
long do
do \"OLl
VOL! think
think
Sr-.,W II DOCS
Sr-.,W UOl.'> 71 cc~o I
71 cc80.1 4
EX
EX PARTE
PARTE AI'PLICATIO,\
AI'PLICATI01\
-4-
of America's merger with Country\\ride,
Countrywide, Zernik has also made attempts to communicate with
2 Bank of America officers and employees, defaming Countrywide officers and employees, and
3 claiming that he has uncovered the "fraud at Countrywide" relating to the present action, and
4 has shown no indication of ceasing his harassing behavior. Bank of .''\merica Corporation is a
6 under the Court Order. Countrywide has repeatedly requested that Zernik communicate solely
8 onl\' continue
\'Vithout timely court intervention, this outrageous behavior will onlv
10
]0 Motion for the earliest possible hearing date,
and specially set a hearing date on Countrywide's J\lotion
]]
11 or in the alternative, to specially set a hearing date of January 8, 2009, which
whlCh would provide
III
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FACTUAL BACKGROUND
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The underlying facts of Zernik's pervasive ha\c been addressed in detail in
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prior pleadings. j\s Coun is aware, as a result of Zernik's unrelenting harassment and
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16 Countrywide's officers and employees, Countrywide \vas
abuse of Countrywide'S was forced to mllve
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17 narrowly-tailored "so 1c Iv with
19
19 the present action." ofJcnna
Action." (Declaration of J\loldawsky ("~loldawsk)
Jenna ?\lo1dawsky Ded',), '12.) On
('\\Ioldawsk) Ded"), ()n .July
,1uly 23,
20 20m,
21 j()7, the Honorable.J
Honorable Jacqueline
acquelinc Connor granted Countrywide's protective
protecti\T order, effective
21 (ill at
immediately. (hL '1
2,) Zernik
at'l 2.) I:ernik receiYCd
received actual notice of the Court (hder because he
II
1/ hearing and submitted on the Court's tenratiYl'
represented himself at the hearing tema1ln' order granting
23 (:ountrnvide's (11J
(:ountrnvlde's motion. (hL)
25
25 contacting among
contacting,~
amon\J0 others,
others .\ngelo ;vlozilo,
~,
;vlozilo the former Chairman of Country\vide's
Countrnvide's
"' ])arent
parent
compam, Countrywide
26 compam,
26 (ounrrywide Financial Corp., and Sandor Samuels, Countn'wide's
Countn'\vide's Chief I,egal
l,egal
27
27 ( )fficer, on
()fficer, on seycra] OCC1SJons. (l.do at
senral OCC1SJO!1S. '1 3.) .\~
\s a result,
result, on Februaryl5,
Fcbruaryl5, 2U08, Countrywide
2U()i), (:ountrywide
28
28 m.o\cd for
m.oYCd for sanctions
sanctiuns against Zernik for his repeated \'iolations
\'iolauons of the Court Order. 'rhe
'The Court
5MOJDOC57122S0 J 5
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a\varded Countrywide $16,170 in sanctions and held that the Court Order remained in full
2 ad. at ~ 3, Ex. A.) On March 11,2008, the Court also found Zernik
force and effect. Gd. Zewik guilty
3 (Id. at ~ 4,
of thirteen separate acts of contempt for his violations of the lawful Court Order. (ld.
4 Ex. B.)
5 Despite the Coun's order awarding sanctions against Zernik and its issuance of a
6 contempt judgment against Zernik, he continues to violate the Court Order. On November
7 12, 20()~, email to Mr. Samuels in direct violation of the Court Order. (ld.at ~1
200B, /'ernik sent an email
8 5,1 /x. C) On November 24,2008, Zernik copied Mr. Samuels on an email to Bryan Cave
5, he
9 attorneys regarding the present action. (ld. at ~1 5, Ex. D.) Moreover, on December 9, 2()0~,
200R,
10 Zernik sent three emails to Mr. Samuels and another Countrywide employee, Maria
11 (hi at ~16,
i\1cLaurin. (11 ~I 6, l':x.
1,:::-:. E-G.)
III
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l;urther, /'ernik
Zernik has begun harassing employees and officers of Bank of i\merica,
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13 which merged with Countrywide in July 2008. On December 3, 2008, /'ernik
lernik sent a leaer
[eHer to
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~ ~ ~ 14 Kenneth D. Lewis, Chairman, Chief Executive Officer and President of Bank of .\merica
,\merica
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Corporation, and Teresa 1\1. Brenner, .\ssociate Ceneral
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o 0z 16 cnclosing
enclosing a "press release" allegcdly
allegedly outlining "Countrywide's involvement in a dubious Los
~ ~
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IS (lJ.i at ~I 7, Ex.
[~x. rII.)
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20 Department claiming
c1aimingr that he had "uncm'ered
,, LL
"uncovered fraud" at Countrywide in connection with the
,01
25 with fraudulent records, and which tried to entirely fabricate ~amaan's fraudulent loan
(Id. at ~I 8, [~x.
26 applications." (ld. Ex. 1.) Zernik also demands a response form ~1r. 1\layopou]os
1\layopoulos by
27 \\eclnesJay,
\\cdncsday, December 11), 2IH)~.
2()()~. (IJ.i)
-6-
"immediate intervention and curbing of Sandor Samuels." (ld. at ~~ 9, Ex. J.) He
He claims
claims that
that
3 III. ARGUMENT
5 Good cause exists for the Court to order Countrywide's 1\10tion to be heard
heard on
on the
the
8 despite being penalized f(-)r his outrageous behavior in the past, 7ernik is under
under the
the
9 Impression that he may continue his harassment without reproach and has no intention
intention of
of
19 since JJuly
date. !'ernik has been on notice of the Court Order for a year and a half ~~ since uJ> 2J,
2J,
20 2007. /'ernik has been fully aware of Countrywide's attempts to enforce the protective
protective order,
order,
21 and of the Court's rulings affIrming the Court Order and penalizing Lernik for his
his violauons
violations
thereof /ernik will suffer no prejudice by an earlier hearing date - itit is only Countrywide
thereof. Countrywide that
that
will suffer if it is forced to endure Zernik's repeated harassment, and is not able
able to
to ,"indicate
,"indicate
24 its rights in short order. "\ earlier hearing date is in the best interest~;
interest~; of justice.
justice.
26 January 8. 2009
2 court-davs' notice.
3 IV. CONCLUSION.
CONCLUSION.
4 For
b'or the reasons set forth above, Countrywide respectfully requests that that the Court
Court
5 grant Countrywide's request to issue an order specially set its Motion to be heard on the
6 earliest possible hearing date, or in the alternative to specially set a hearing date of january 8,
8,
7 2009.
John W. j-\mberg,
f\mberg, Esq.
Esq.
9 sq.
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//
BRYAN CAVE
BRYAN CAVE LLP
LLP
John W.
John W. <c\mberg
<c\mberg (Cc\
(Cc\ State
State Bar
Bar No.
No. 108166)
108166)
22 ]enna
Jenna Molda\\lsky
Molda\vsky (C\(C\ State
State Bar
Bar No.
No. 246109)
246109)
120 Broadway,
120 Broadway, Suite 300
Suite 300
33 Santa
Santa Monica,
Monica, California
California 90401-2386
90401-2386
310-576-2100
Telephone: 310-576-2100
Telephone:
44 Facsimile:
Facsimile: 310-576-2200
310-576-2200
55
.\ttorncys
.\ttorncys
"
for Non-Party
for (OUNTR'{\VIDE HOt\m
Non-Party. (OUNTR'{\VIDE HOt\m LOA.NS,
LO,c\NS, lNC.
INC.
66
77
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
10
11
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Case No. SC0874(JO
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Plainti ffs, DECLARATION OF TODD A. BOOCK
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17 ORDERANDFOROTHERREUEF
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f~x Pm}!' !\pphcation;
Pmle J\pphcation;
1R [Filed concurrently with f:x
Memorandum of
i\Jemorandum of Points
Points and"
and" \urhoriries;
\urhorities;
19
19 Declaration
Declara ofJJenna
rion of :\lo1dawskv
e11na ;\lolda and
\Vskv and
IProposedl er I
Order]
\proposed lOrd ~~
20
20
J:'.\.' Parle
J:'.\.' Hearing
Parte Hearing
21
21 Date:
Date: December 15, 2t
December 15, j()k
]t lUX
Time:
Time: 8:3U a.m.
8:3U a.m.
22
22 Dept:
Dept: \'CEJ
\'CEJ
24
24
25
25
26
26
27
27
28
28
DECLAR.\
DEC OFJF'iNA
TII)\OF
LAR.\ TI()\ JFCiNA \jOiJlA
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Sf-.: yY/:'J/N"I"IPPORl
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LLP
BRYAN CAVE LLP
John \'\1.
\V i\mberg (CA State Bar No. 108166)
108166)
22 Jenna Moldawsky 246109)
i\Ioldawsky (CA State Bar No. 246109)
300
120 Broadway, Suite 300
3 Santa ~fonica,
i\Ionica, California 90401-2386
90401-2386
Telephone: 310-576-2100
310-576-2100
4 FFacsim.ile:
aoimile: 310-576-2200
310-576-2200
5
5
Attorneys Inc.
6
6
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
10
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~ ;e
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VIOLATIONS OF THE JULY
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PROTECTIVE ORDER AND FOR
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Wiled concurrently \vith l:x J>"f1c .\pplication;
fl,lflc .\ pplication;
J\lemorandllm ()f Points and \uthoritie::;;
Memorandum \llthorities;
19 \lolda\V~k\ and Todd
!cnru \Ioldaw~k\
Declaration of !cnf11
,\. Boockl' .
20
Iix j)ar!e
l:x j)ark Hearing
21 Date: December 1 1'), 20()~
"i, 200R
~:3() a.m.
Time: 8:30
')"1
'1'1
Dept: WEj\VEJ
23
C:')ll1ltr~'\\'idc Home
Countrywide f-lome Loan::;,
Loans, Jnc.'s CCountf)',vide")
("Countrywide") E\."
E\.' j)tlrk ,\pplicltion mdn
.\pplicltion for ;In meier
24
shortclllng time to specially ::;et
shortening set an earlier hearing date on Countrywide's motion (1) for
25
monctary sanctions again::;t
monetary against Defendant Joseph
joseph Zernik ("l,ernik") for his repeated violations of
26
.1 uh 23, 20()7
the .Iuh 20()'7 Protective
Protecti\'e Order
Urder directing
directjng I:ernik to communicate solch
solely wit
withh Countrywide's
27
designated counsc1legarding the prcscnt
dc::;ignated present action and
Jnd no other Coumrywide officers 01'
or
28
r'R(
PRC lPOSI D (lRDFR
lPOSI·D ORDFR
"'Wlll(
S\W! Ie "()()~(Nl I
[)UCS{J{J~{Jq.j
-10-
show cause
employees ("Court Order"); (2) for an order to show cause why
why Defendant
Defendant Joseph
Joseph Zernik
Zernik
l'l
N 12 1. Countrywide's I\pplication is Gl~\NTFD;
GR,\NTED;
00
00
o <l
l'l 0 13 ') Country\vide's
Country,vide's Motion
i\lotion will be heard
heard on
on _ at
at __ ~__
_ _~ __
ll.. w Ol
...J ~ «
~ ~ ~ 14
~ ;; ~
U ; :::;
:::;
Z 0 '" 15
IS Dated:
Dated:
''""
l/l
l/l
IX
ImY.\N
BRY.\N C\ VI,:\'F LLPLLP
20 12()
12ll Broadwav,
Broadway, Suite 3tH)
3tH)
21 Telephone: (.',]0)
(.) 10) 5 7 6-.2100
6-.2100
hlcsimilc:
l"acsimilc: (3 Ill) S76-2200
(310) 576-22()()
22
22
.\ ttorney~ fur
for Countrywide Hume
Home Loans, 1nCo
Inc.
23
23
24
24
25
25
26
26
27
27
28
28
22
-11-
BRYAN CAVE LLP
\'\'..~\mberg
Juhn \'\'. \mbcrg (C\ ~J:ate
~Jatc Bar No. 1(8160)
W8160)
2 Jenna ~lo1Ja\,;sky
Jcnna ~lo]Ja\,;sky (C\ :-;tatc Bar ~o.
:-;tate No. 2-l-(J1()9)
12() Broach-a\', ~uite
~uitc )()()
3 :-;~lt1ta i\lunici, California 9U-l-O 1-2386
Telephone: 31O-576-210U
3IU-576-210U
4 l'acsinlilc:
l'acsinlile: 31()-S76-~::200
31 ()-S76-~::200
5
.\ttOrt1C'fS
o
o
for Non-Partv COUNTRY\,\'IDF
'
'
COUNTRY\VIDF H01\IE
.
.
L().\l"~ Il\,'C
HOME ['O.\l"S I(\,'C -- ,,
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
10
11
1\
lO
lO Nl\'l],:
N ~.\j\1.\.\N,
I \' II ': S. ct a1,
\ ;\1. \ .\ N, eta1, Case No. SOJ87400
<Xl
<Xl
l'l
l'l
C\I
C\I 12
o ;; Plainti ffs, DECLARATION OF JENNA
o 'f'f MOLDAWSKY IN SUPPORT OF
l'l 00
l'l 13
\3
lL w
lL w 0\
-.J ~
-.J
0\
~ .-(
.-(
COUNTRYWIDE'S EX PARTE
~ ~ ~ 14 APPLICATION FOR AN ORDER
~ ; ~ SHORTENING TIME TO HEAR
U ~ ::; NON-PARTY COUNTRYWIDE HOME
ZZ 00 ""
">>- "00 U-- LOANS, INC.'S MOTION FOR
0: 0:
0: 0: ""
III ~~
III III
III
16 SANCTIONS AGAINST DEFENDANT
o Z
C\I 00
-~
C\I Defendants. JOSEPH ZERNIK FOR VIOLATIONS
17 OF THE JULY 2~i, 2007 PROTECTIVE
"........
ZZ
ORDER AND FOR OTHER RELIEF
"
III
III
18
Wiled ~'\. IlL/lie
[hlcd concurrently \vith I :'\' IlL/lie .\pplication;
,\pplication;
19 f\1cmorandum
Memorandum of Points and Authurities;
Authorities;
Declaration of Todd .\. Boock and
20 /proposed] Orderl
Order]
21 Ex Parte Hearing
Date: December 15, 2U08
2008
22
Time: 8:30 a.m.
Dept: WEJ
23
24
25
26
27
28
DECLARATION
DECLARAnON OF JENNA MOLDAWSKY
MOLDAWSKY ININ SUPPORT
SUPPORT OF
OF
SMO I DOCS712293.1
COUNTRYWIDE'S
COUNTRYWIDE'S EX
EX PARTE
PARTE APPLICATION
APPLICATION
-12-
i\loldawsh, declare as [ollmvs:
I,Jenna i\lolda\vsh, follmvs:
7 continued harassment of Count!J'\vide officers and employees, the Honorable Jacqueline ,\.
8 Connor granted Countrywide's Motion for a Protective Order and entered an order directing
9 I':ernik
/ernik to communicate solely with Country\vide's designated counsel regarding the present
11
II the hearing, as was /,ernik, who represented himself and submitted on the Court's tentative
<D
<D
<Xl
<Xl
(')
N 12 C:ountf)\vide's motion.
order granting C:ountlJ\vide's
o
o
0'<l
0-
(') 0
w 0\
13 3. Since July 2),2007, Zernik has repeatedly \"iolated the term:.; of the Court
..J !::: <:
~ ~ ~ 14 Order, contacting, among others, ,\ngclo Mozilo, the former Chairman of CountrYWide's
.\ngclo J\1ozilo, CountrYWIde's
~ )-- ~
U ~ ::;
Z <) «
« « U 15 parent company, Countrywide i"inancial Countrywide's Chief
hnancial Corp., and Sandor Samuels, Countrnvide's
>- 0 .
a: a: «
mm ~
o Z 16 occasions. ,\s a result, on February 15,2008,
Legal Officer, on several occasions..\s 15, 200H, Countrywide moved
-
N 0
~
«
I
I-
Z
17 for sanctions against Zernik for his repeated violations of the Court Order. 'j 'he Court
««
f/l
f/l
18 awarded (:ountrywide $16,170 in sanctions and held that the Court Order remained in full
19 force and effect. ,\ true and correct copy of the Court Order granting the motion and
21 4. On I\larch 11, 2008, the Court also found Zernik guilty of thirteen separate acts
22 of contempt for his \"iolations of the lawful Court Order. A true and correct copy of the
24 5. Despite the Court's order awarding sanctions againsl: Zernik and its issuance of
25 a contempt judgment against Zernik, he continues to violate the Court Order. On November
26 12,2008, Zernik sent an email to Mr. Samuels, in direct violation of the Court Order..A true
27 and correct copy of the email is attached hereto as Exhibit C. On November 24,2008, Zenuk
28 copied Mr. Samuels on an email to Bryan Cave attorneys regarding the present action. A true
SMOIDOCS7/2293.1
SMOIDOCS7I2293.1 2
DECLARAnON OF JENNA MOLDAWSKY IN SUPPORT OF
COUNTRYWIDE'S EX PARTE APPLICATION
-13-
and currect (()jW
COjW of the email i~
is attached hereto as Exhibit D.
10 .\ngeks
,\ngeles action to mitigate Ihisl
~uperior Court case" and demanding "immediate acUon his I damages." i\
II
11 true and
amI correct copy of the letter Exhibit I L
Ictter is attached hereto as ]':xhibit
<lJ
<lJ
OJ
OJ
C'1
[IJ
18
18 attached hereto as I':xhibit I.l.
19 9. The
'l'he same day, !'ernik
/'ernik sent a letter to several Bank of i\merica
America employees
21
21 \\Titing to "inform" Bank of i\merica of "my abuse at the hands of Countrywide." ,\ true and
26 facsimile and email. The notice set forth the date, time and place of the e.Y parte hearing, and
27 the nature of the relief to be requested. 1I sent notice via fax at 4:30 p.m.
p.m, and sent an email
28 notice to all parties at approximately 6:00 p.m., giving the parties notice well before the
28
SMOIDOCS712293.! 3
DECLARATfON OF JENNA MOLDAWSKY IN SUPPORT OF
COUNTRYWfOFS
COUNTRYWIDE'S EX PARTE APPLICATfON
APPLICATION
-14-
statutorily prescribed deadline.
deadline. True
True and
and correct
correct copies
copies of
of the
the letter
letter and
and fax
fax confirmation
confirmation
2 sheets arc
are attached
attached herno I ':xhibit K,
herem as Fxhibit K.
3 renalt~· of perjury
r declare under penalty perjury under
under the
the la\vs
laws of
of the
the ::;tatc
State ofof California
California that
that the
the
4 foregoing
forcg01l1g IS true and cu:~rect.
coaect.
5 Executed
Fxecured on December 12, 2008, at Santa
12,2008, Santa i\lonica,
i\Ionica, Cali forni~l.
California.
66
,-~llld{ (( , ;7/
7
Jen , i\loldawsKY J
8
9
10
II
<D
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C'l
C'l
~
12
o0 0
oo '1
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0>
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...I «
~ ~ ~ 14
> . 0
> . 0
-et:
0( ...
>- l.L
U ";;: .-:::;J
zzoo(
a "
0( 0( U
15
">- 0"
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0: 0:
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OJ OJ ~
OJ OJ "
o z 16
N 0
- ~
~
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l- 17
17
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0(
(/)
18
19
20
21
22
23
23
24
24
25
26
26
27
27
28
28
DOC5712293.
SMOI1DOC57
SMO 12293. 11 4
DECLARATION OF
DECLARATION OF JENNA
JENNA MOLDAWSKY
MOLDAWSKY ININ SUPPORT
SUPPORT OF
OF
COUNTRYWIDE'S EX
EX PARTE
PARTE APPLICATION
APPLICATION
-15-
COUNTRYWIDE'S
EXHIBIT A
-16-
RECEIVED
RECEIVED
2
MAR 1 22008
3
SUPERIOR COURT
Co.~~~R.MEJ)
Co.~~~RMEJ) COpy
L RIGlNAL EiLED
WeST DISTRICT os Angeles Supe nor
.
4 SANTA MONICA COUrt
5 MAt(
MAl-( 1 J Z0l18
john A. Clarke Fx .
ecU(lve Officer/Clerk
6
•• 00
Plaintiffs,
12
13 vs.
14
15 JOSEPH ZERNIK, et al.
Defendants. Date: February 15, 2008
16 Time: 8:45 a.m.
17
WEJ
Dept: WEJ
18
19
20
21 Countrywide Home Loans, 1nc.'s ("Countrywide") motlon (1) to enfmce the July 23,
22 2007 protective order against Defendant Joseph Zernik ("Zernik"); (2) for monetary sanctions
23 against Zernik in the amount of $16,170; (3) for a declaration that Countrywide has no
24 obligation to respond further to Zernik's harassing communications; ~Lnd (4) for an order to
25 show cause why Zernik should not be held in contempt and sanctioned accordingly (the
26 "Motion'') came on for hearing before the Honorable Terry B. Friedman in Department WEJ
. 27 of the Los Angeles Superior Court, West District, on February 15, 2008. John W. Amberg of
28
PROPOSED ORDER
SMOIDOCS672389.1
-17-
movant Countrywide.
Bryan Cave LLP appeared on behalf on non-party and movant Countrywide. Defendant
Defendant
attendance were
2 Joseph Zernik appeared on his own behalf. Also in attendance were Receiver David J.
Receiver David
5 Having read and considered the Motion and all papers submitted in
papers submitted in support
support thereof
thereof
11
11 Protective Order pursuant to California Code of Civil
Civil Procedure
Procedure Sections
Sections 2031.060
2031.060
12
12 and pursuant to California Code of Civil Procedure Section
Section 128(a)(5).
128(a)(5). Both
Both code
code
13
13 sections serve as legitimate bases for the issuance of the
the Protective
Protective Order;
Order;
14 2.
2. The Protective Order is affJm1ed and remains in full force
force and
and effect;
effect; and
and
19
19 record) the amount of $16,170 as sanctions within 20 days
days of
of the
the hearing
hearing In
In the
the event
event
21
21 David J. Pasternak, is authorized to pay the sanctions to Countrywide
sanctions to Countrywide from
from the
the
23 Countrywide; and
24 III
25 III
I
26 III
27 III
28 III
SMOlDOCS672389.I
SMOlDOCS672389.I 2
PROPOSED
PROPOSED ORDER
ORDER
-18-
appear on
2. Defendant Joseph Zernik is ordered to appear on Match
Match 7,
7, 2008
2008 at
at 9:30
9:30 a.m.
a.m. to
to show
show
3 Protective Order.
5 IT IS SO ORDERED.
7 Dated:
Hon. T
Han. Eo. Friedman
crry Eo.
Terry Friedman
8 Judge, Superior
Judge, Superior Court
Court of
of California
California
18
19
20
21
22
23
24
25
26
27
28
SMOIDOCS672389.1
SMOIIXXS672389.1 3
PROPOSED
PROPOSED ORDER
ORDER
-19-
Page
Page 11 of
of 11
filE COpy
COpy
Chiri, Judith
Chiri, Judith C.
C.
From:
From: Amberg, John
Amberg, John W
W
Sent:
Sent: Thursday,
Thursday, March
March 13,2008418
13,2008418 PM
PM
To:
To: Chlri,
Chlri, Judith
Judith C
C
Subject:
Subject: FW: Zernik
Zernik Signed/Conformecl
Signed/Conformecl Order
Order re
re motion
motion for
for sanctions
sanctions
Attachments: 021179
Attachments: 021179 Order
Order PDF
PDF
Please print.
-
----
----
- --------~--------------------------------
--------~--------------------------------
From:
From: Moldawsky,
Moldawsky, Jenna
Jenna L.
L.
Sent: Thursday,
Thursday, March
March 13,20084:06
13,20084:06 PM
PM
To:
To: Todd_Boock@Countrywide.Com'
Todd_Boock@Countrywide.Com'
Todd:
Attached is a signed and conformed copy of the Judge hiedman's order granting our motion for sanctions. We will serve a
copy on all parties.
Jenna
renna L. Moldawsky,
Moldawsk y, !':sq.
BRYAN CAVE LLP
120 Broadway, Suite 300
California 9040
MOllica, Califorl1la
Santa Monica, 90401I
Phone: (310) 5762377
l"ax: (310) 570-2200
576-2200
ll~Il.lla~mol<J~\V~sky@I2'}'aIlea \'<:.~()nl
ll~Il.l1a~mold~\V>kY@fb.':yallca\,<:._~(.>.m
3/13/2008
3/13/2008
-20-
EXHIBIT B
-21-
r.
r· C'
" ,---,
,---,
F LLL.......
,
'=,- :I
-
i
LLL.......
I'~'"
2
RECEIVED
RECEIVED
CONFORMED COpy
3 MAR 1 1 zooa OF ORlOrNAL RLED
SUpt:rior Court
Los Anlleles Supt:rior
4 SUPERIOR COURT
WEST DISTRICT LOOtj
MAR 1 1 ZOOtj
SANTA MONICA
5 John A. Clarke. Exccllti ve Officcr/Cledl.
17
On March 7, 2008 at 9:}0 a.m.
a,m. in Department
DepartmentJJ of the Los Angeks
Angeles Superior Court,
18
West District, located at 1725 Main Street, Santa Monica, Cahfotlua,
Cahfornia, 904()1, proceedmgs were
19
February 15,2008 order that DefcndanrJo~;eph !:ernjk
held pursuant to the Court's J;ebruary Zernjk
20
("/'crnik") appear and show cause why he should not be held in contempt of court. During
21
the proceedings, Countrywi.de Home Loans, Inc. ("Countrywide") presented eVidence that
22
Zernik should be held in contempt of court for disobeying the Court's Protective Order,
23
dated'I uly 23, 2007, dirccnng
dated dircctlng Zcrnjk to commun.icate solely with CountrywIde's
Countrywide's designated
24
COl I f1<;C I
cOIII1<;cl and no other ofticcrs or employees regarding
rcgarillng the present aclloll.
acllOlL John \XI. J\mbcrg
j\rnbcrg
2S
and Jerma Moldawsky of Bryan Cave LLP appeared on heh;llf of COl In trywic1t>
trywic1t' Moe
26
Keshavarzi of Sheppard Mullin Richter & Hampton LLP appeared on behalf·
behalf of Plaintiff
27
Nivie Samaan. Robert J. Shulkin appeared telephonically on behalf of Cross-Defendant
28
PROPOSED JUDGMENl
SMOIDOCS672017 I
-22-
(:oldwell
Coldwell Banker. Defendant Joseph Zemik
Zernik telephoned the clerk of
of the
the Court
Court prior
prior to
to the
the
10 23,2007,
23, 2007, as /emik
Zernik was present at the July 23, 2007 hearing
hearing granting
granting the
the
OCI
OCI
12 the Protective Order. Zernik was also repeatedly reminded
reminded of the terms
tenl1S anJ
and
'"
';'
';'
o~
o ~
",,,
00
0 0
.......J
.......J
U)
CD U)
CD E 14 with a Notice of Ruling and a copy of the Court's July
July 23, 2007 Minute
Minute Order
Order
~ >-~
~ >-~
o~~
o~~
c:-uo
c:-uo 15
IS granting the Protective Order;
'"<:,0'"
'" uu
<:,0'" ~
~
ro
ro (Xl
(Xl "2
"2
00
0 0
~:2
~:2
16 4. Defendant! oseph Zernik was able to comply with the Protective Order,
DefendantJ Order, which
which
ro
c:'"
C
ro
'"
(f)
(f)
17 was prohibitory, narrowly tailored, and limited in scope. This is eVidenced
eVidenced by
by
21 record;
28
28 Protective Order
Protective Order were
were not
not accidental.
accidental. Further,
Further, in
in several
several of
of Zernik's
Zernik's
SMOIDOCS672017 J
SMOIDOCS672017J 2
2
PROPOSED
PROPOSED JUDGMlcNT
JUDGMlcNT
-23-
officers and
communications with represented Countrywide officers and employees,
employees, Zernik
Zernik
3 7. guilty of
The Court finds that Defendant Joseph Zernik is guilty of contempt
contempt pursuant
pursuant
4 pay aa fine
to Code of Civil Procedure Section 1209(a) and is to pay fine in
in the
the amount
amount of
of
5 pursuant to
$7,500 for thirteen (13) separate acts of contempt, pursuant to Code
Code (Joff Civil
Civil
8 thereafter, he
his second violation. For each subsequent violation thereafter, he isis fined
fined an
an
11
I1 R. The collection of the $7,500 fine is suspended subject to
to the
the following
following
ill
<0
<0
M
M
12 condiuons.
conditIons. The Protective Order remains in full force and
and effece
effecc during
during the
the
~
0-
0
<")'<1
0
13 pendency of this lawsuit. I f Defendant Joseph Zerruk further
further violates
violates the
the
':J~g
-.J .:J
::J ~
Q) U) E 14 Protective Order, upon five (5) days' written notice from
from CountJywide
Countlywide to
to
> >. 0
(3~~
c-oU
m ro
m 15 Zernik, the Receiver shall pay $7,500 from the Receiver's
Receiver's Fund
Fund to
to Countrywide
Countrywide
cocO
(]) OJ ~
00
~~
16 in care of its attorneys, Bryan Cave LLP, unless Zernik
Zernik obtains
obtains aa Court
Court Order
Order in
in
ro
ro
C
<U
<U
(f)
17 the intenm Glocking
blocking payment; and
18 9. Countrywide shall pay its own attorneys' fees and costs associated
associated with
with the
the
19 contempt proceeding.
proceecling.
20
21 Dated:
II [on. Terry B. Friedman
Friedman
22 Judge, Superior Court
Court of
of California
California
23
Prepared and submitted by:
by:
27
28
28
SMOIDOCS672017 I 33
PROPOSED
PROPOSED JUDGMENT
JUDGMENT
-24-
PROOF
PROOF OF
OF SERVICE
SERVICE
2 II am employed in
am employed in the
the County
County of
of Los
Los Angeles,
Angeles, State of California.
State of California. II am over the
am over the age
age of
of 18
18 and
and
not a party to the within
witlun action. My business address is 120 Broadway, Suite 300, Santa Monica,
3
CaliforIllil
Califorrua 90401-2305.
4
On March 11 2008, I1 served the foregoing document(s), described as JUDGMENT RE:
55 CONTEMPT, on the interested party(s) in this action, as follows:
00 0
<,>V
n'"
'" 13
25
26
27
28
JUDGMENT
PROPOSED JUDGMENT
SMOll)OCS672017.1
-25-
EXHIBIT C
-26-
----- Original
Origmal Messagc--
Message
r rom: Joseph zenuk <JzI2345@earthlink.net>
< angelo_ffiOZllo@collntrywldc.com>;
sandor _samuels@countrywide.com <.sandor_samuels@countrywide.com>
< sandor_samuels@countrywide.c(Jn1>
Sent: Wed Nov 1202:59:142008
1202:59:142008
Subject: RE: Not.ice of Ex Parte
Part.e Appearance, and racketeering under guise of litigation in LA Superior Court
Court
concern:
A.
A. Au Mohammad Keshavarzi & Au Malingagio
Counsel for Samaan
Sheppard Mullin, LA
Au Ted Max
Managing
Managing Partner,
Partner, Sheppard Mullin,
MuLlin, NY
-- engaging
cngagJng in
in conduct that must be deemed racketeering in litigation of Samaan v 7.ernik
7.emik (SC087400)
in
in LA
LA Superior Court
B.
B. "nle
-n1e Honorable St.ephen
Stephen CZuleger,
Czuleger, Presiding Judge & John Clarke, Clerk, LA Superior Court
Au
Au D DB B Bianco, Counsel to the court
Att
Att SS Overton,
Overton, Counsel to
to the court
-27-
leadership of the LA Superior Court, which abdicated any notion of furtherance of justice, and
refuses to answer basIc
baslc questlOns:
records~
~- who is the Judge assigned to the case?
case?
~. was Judgment
judgment entered inm trus case, or wasn't It~
It~
C.
C. Mr Martin Berg, Editor, Daily Journal,
In Sustain~
Controlhng Party in Sustain- LA
LP\ Superior Court's fraudulent case management system
D.
I) Alt
All Davld Pasternak
Former President, "I louse of Justice" ~. Bet Tzcdek
Tzedek
[1e!11Ctrator of frauds under pretence of Receiver
pe!1xtrator Receiver
F.
F.. MoziJo ~- Officers of Countrywidc
Att Sandor Samuels, Mr Angelo Mozilo Countrywide
Mr Samuels ~- also as former President,"Housc
President,"House of Justice" .. Bet 'I'zedek
Bet'l'zedek
r:.
F. Att Alejandro Mayorkas and Att i\tt Mark Kamins
Kanuns
ustice" ~- Bet Tzedek
Officers of" House of JJustice"
Art Mayorkas ~- also as co~signer
Att co-signer of the
t11e Consent Decree re: Civil Rights jn
in LA (2:2000cv 117(9)
~- would they finally answer~
answer)
~. arc there any dispute tesolution
resolution bylaws in the "House of JustlCC"?
J ustlCe"?
G.
G. The Honorable Ronald George,
Ccorgc, ChlcfJustice,
Chief JusUce, California Supreme Court
As member of tlle leadership of LA Superior Court ~ 1985, at the timctime Sustain was Installed.
Installed,
was he or wasn't he tnvolved
Il1volvcd in
Il1 Installation of Sustain?
Sustall1?
- and what docs he know about it~
it~
-. would he act pursuant to the code of juwcla[
judIctal ethics?
et11ics?
H.
H. The Honorable Gary hess, Judge, U.S. DistrICt Court, LA
Also Overseer of Civil Rights in LA per (2:2000cv11769)
Also as former Judge of LA Superior Court
~- as former user of Sustain, what docs
does he know?
know?
dubes per Code of Ethics~
. as Overseer of Civil Rights, and a judge, would he act upon his dunes Ethics)
Copies were emailed to vanous others in the legal community and otherwise relevant to the case
22
-28-
face page.
face page.
A.
A. Counsel for
Counsel for Samaan,
Samaan, Att
Att Keshavarzi,
Keshavarzi, Sheppard
Sheppard Mullin
Mullin
11, 200~
November 11,2008
November
Att Mohammad
Att Mohammad Keshavarzi
Keshavarzi
Au Paul
Att Paul Malingaglo,
Mahngaglo, Managing
Managing Partner, LA Att
Partner, LA Att Ted
Ted Max:,
Max, Managillg
Managmg Partner,
Partner, New
New York
York
Mr Keshavarzl,
Mr Au Malingagio:
Keshavarzl, Att Malingagio:
As noted
As noted before,
hefore, there
there isis no
no response
response InIn your
your email
email notlce
notlce to
to my
my demands:
demands:
a.a. For
For refund
refund ofof sanctions
sanctions 111 the sum
In the sum ofof $2,570
$2,570 fraudulently
fraudulently extracted
extracted from
from me
me by
by aa j01l1t
jomt fraud
fraud of
of Keshavarzi
Kcshavarzl and.
and
Connor, and
Connor, and enabled
enabled through
through frauds
frauds in Sustam and
lfl Sustam and denial
derua! of
of access
access to
to records.
records.
b. For pay
b For pay for
for unlawful
unlawful occupancy
occupancy of of my
my property
property at
at 320
320 South
South Peck
Peck Dnve,
Dnve, Beverly
Beverly Hills,
Hills, 90212,
90212, c.c That
That Samaan
Samaan
i.nuncdiately vacate
inunediately vacate that
that property.
property.
Regarding your
Regarding your notICe,
notlCc, copied
copied below,
below, dated II I II
dated 11/ 108:
11 /08:
1) There
I) There isis no
no eVidence
eVidence that
that Samaan v !,erruk ISIS aa legitimate (~ourt
Samaan V!,erruk (:ourt Track action. ['he
['he preponderance
prq)onclerancc of the
cVldence indicates
eVIdence that thIS
indicates that IS an
tillS IS an Enterprise
Enterprise Track
Track case,case, and that
that it was designated tJlat
tllat way since before
before the
complalrlt was
complalrlt was fued.
fucd.
2) You
2) You arc
arc referring
refcrring to
to aa Post-judgment
Post-judgment order, where
whcre there
thcre isIS no Judgment. Ther.~ is no e\·idence
ludgment. There e\'idence that there
thcre is a
valid judgment entered thiS
valid judgment entered 111 this
In case. On the
tl1e contrary, the evidence is all clear that the court starting with Judge
Connor was engaged
cngaged in a Judgment fraud 111 In this case. In fact, you yourself stated ill open court on Nov 9, 2007
Ul opeCl
Crranscripts, Exhibit page 571 et seq), that you have never been served with the judgmcnt,
(rranscripts, judgment, and that you do not
recognizc repeatcd requests that you notice the judgment or noUce
rccognize any judgement in this case. You refused repeated notIcc the
tJle
entry of judgment, as purportedly you were ordered to
entry Lo do.
http://Ul[1roperinla.com/ OO~OO-OO-Ia-sup-ct-transcripts-samaan-v -zemik-doc-58-s.
http://mproperinla.com/OO·OO-OO-Ia -zcmik-doc-53-s. pd f
-29-
<http://inproperinla.com/04-1 0-25-countrywide-adulterated-branch-input-exception-request -so pdf>
http://inproperinla.com/06-11-09-doc-38-1-countrywide-mclaurin-false-declarations.pd f
<http://mproperinla.com/06-1109-doc-38-1-countrywide-mclaurin-false-declarations.pdf>
<http://mproperinla.com/06-1109-doc-38-1-countrywide-mclaunn-false-declarations.pdf>
http://inpropennla.com/06-11-09-doc-38-2-countrywide-mclaurin
http://inpropcnnla.com/06-11-09-doc-38-2-countrywide-mclaurin falsedeclaracions.pdf
<http://mproperinla.com/06-II-09-doc-38-2-countlywide-mclaurin-falsededarations.pdf>
<http://mpropcrinla.com/06-11-09-doc-38-2-countiywide-mclaurin-falsedeclarations.pdf> 2) There IS no
evidence and no notice that Terry Fnedman has ever been assigned to such purported court acnon.
action. He was
requested on a number of times to notice his Assignment Order. He refused to do so' Therefore he has no
authority at all relative to either matter or persons.
3) Even had he been assigned, and had tlus been a legitimate court action, Judge rnedrnan was disqualified a
number of times. In the most recent case, disqualification/ notice to cease and deSIst, filed March 12, 2008, Judge
F nedman, 111 hls response on March 19, 2008, engaged in fraudulent conduct, where he entered 1ll in paper court file a
response (invalid on ltS
lts face, as a Swke and Answer . an un-alJowed
un-allowed comblOatioll
comblOation per the California Bench Glude of
the JudiCial CouncIl), and then he proceeded to secretly void/dispose ills own response in lfl Susta1l1 (Exhibit page
194, date nunutes entered -00/00/00)
-00/00/(0) .
http://inpropennla.com/OO-OO OO-la-sup-ct-nunute-orders-clectronic
OO-la-sup-et-nunute-orders-clectronic ·court
-court .fJlc·s.pdf
-fue.s.pdf
<http://inproperinla.com/OO-OO-OO-la-sup-ct-minute-orders-elecuonic-court-file-s.pdf>
<'http://inproperinla.com/OO-OO-OO-la-sup-ct-minute-orders-electIonic-court-file-s.pdf> Judge Friedman did the
Ian 30, 2008 . not to release any funds to Defendant - he fr:mclulently vOlded/
same regarding hIS ruling on Jan vOided I disposed
of his own minute order with flO notice
nouce or servICe to parties' (Exhibit page 183, date minutes entered·
entered 00/00/(0).
Art
Att Keshavarzl, for all the reasons above, you are conunulng to engage in conduct that upon reVIew IS likely to be
deemed of crinunal
crlllunal nature.
Joseph /.ernik
B. Presld1l1g
PresldmglJudge
udge Stephen Czuleger & Clerk John A Clarke, LA Supenor Court
Nov 11,2008
11, 200H
Presldmg Judge Czulcger, and Clerk Clarke, Att Bianco, Att Overton, Att DiCarlo:
notice of COII11I1UlucatiO[[s
Please take noUce COII11I1Ulucations with Att Keshavarzi and others in this
thIS email message.
The Presiding Judge and the Clerk of the Court are negligent in allowing Judge Friedman to proceed with his
wrongful conduct as a presidtng judge 111 Samaan v Zernik.
Presiding
Presidll1g Judge Czuleger and Assistant Presiding Judge McCoy also fail to abide by the Califonua Code of Judicial
Ethics Canon 30(1) (- exhibit page 14) after being reliably infonned of conduct of judges and attorneys that Vlolates
the Code of Ethics, they fail to take any corrective action so far.
http://inproperinla.com/OO-OO-OO-Iaw-ca_codejudicial_eth1cs-08-09-08-s.pdf
http://inproperinla.com/OO-OO-OO-law-ca_codejudiciaLethics-08-09-08-s.pdf
<http://inproperinla.com/OO-OO-OO-Iaw-ca_codejudicial_ethics-08-09-08-s.pdf>
<http://inproperinla.com/OO-OO-OO-law-ca_codejudicial_ethics-08-09-08-s.pdf>
-30-
Notice is again demanded by the offices of the Presiding Judge and the Clerk to all involved by 5:00pm on Wed Wed
Nov 12,2008:
12,2008:
1) Either that there IS, alternatively, that there Isn't
therc IS, isn't any valid due Assignment Order in this case for Judge Fnedman.
Fnedman.
http://tnpropennla.com/08 -08-14-cal-ct
http://ll1properwla.com/ 0808-14-c;J -app-2-motion -to-suspend
oct -arr-2-motion -to-suspend-appeal-w-exh -s.pdf
-appeal-w-exh -s.pdf
< http://inproperinla.com/08-08 -14-cal-ct-app
<http://inproperinla.com/08-08 -2-motion-to-suspend-appeal-w-exh-s.pdf>
14-cal-ct-app-2-motion-to-suspend-appeal-w-exh-s.pdf>
http://tnproperinla.com/
http://wproperinla.com/O .0 Heacltng-152-conclusions-us-cons titution-non-compliance.pdf
< http://inpropcnflla.com/07
http://inpropcnnla.com/07 -12-17-opiruon-Ietter-fraud-ill-grant-deeds-s.pdf>
·12-17-opiruon-letter-fraud-m-grant-deeds-s.pdf> 4) EIther that the case as a whole ISIS
a valid
valtd State of Californta
California lItigation,
lttlgation, alternatively - thaI
that it isn't.
isn't.
http://
http/ / lllpropenniacom/OO-OO-OO-la -sup-ct-la-frauds-medieval-s.pdf
lnpropennlacom/OO-OO-OO-la -sup-ct-la-frauds-medleval-spdf
< http://lllproperinla.com/
http://lilpropcrinla.com/ OO-OO-OO-la-sup-ct-la-frauds-medieval-s.pdf>
OO-OO-OO-Ia -sup-ct-Ia-frauds-medieval- s. pdf> Notice IS is also demanded by 5:00pm on
on
JJudlCla\
udICla\ F~thics and notice parties of actions he is taking.
taking.
Joseph
J oscph Zermk
LcrOlk
C.
C. Martin
MarLin Lkrp"
Ucrf'" Edam,
Ldltm, Daily Journal
COlltrolllIlg
CuntroUlIlg Party in Sustall1
Sustain
Martin
Maron Berg, EdItor
Edttor
Daily
Dally Journal
Mr Berg:
Uerg:
Please take notice of other communications in this email message, and references to record:;
records that arc posted onlme.
onllOe.
Pursuant to
co your role as Editor of the Daily Journal, which in turn has control of Sustain, I again demand your
action to mitigate damages: Confirmation
ConfIrmation or derual
denial of the various features of Sus
Sustarn, Li\ Supenor Court
tam, the U\
fraudulent case management system, which is an instrument of fraud on the 9.5 million people that t1us this court claims
to serve.
servc.
http://inproperinla.com //00
OO-OO-OO-compu
-OO-OO-compu ters-sustarn-subsidiaryof-daily-Journal-s. pdff
ters-sllstam -subsidiary 0 f-daily-Journal-s. pd
<http://tnproperinla.com/OO-OO
<http://tnpropcrinla.com/OO-OO 00 computers-sustalll-subsidiary-of-daily-joumal-s.pdf> Some, but not aU
Sustain's fraudulent features are described
descnbeu 111 the attached record - unpublished mles of court and advanced
applications of Sustalll.
Sustall1. Please confu:m or deny the features of Sustain listed there.
Joseph Zernik
-31-
D.
D. Art David Pasternak
President, "House of J
Former Presldent, Justice"
usuce" -. Bet Tzedek
Nov 11,2008
Att David
Davld Pasternak
Pasternak, Pasternak, Patton
Att Pasternak:
rmmeQlately withdraw the fraudulent Grant Deed that you flied with the office of
This is a repeat demand that you lffimeciJately
http://inproperinla.com/07-12-17 opinion-letter-fraud-ll1grant-deeds-s.pdf
Registrar/Recorder, http://inpropelinla.com/07-12-170pinion-letter-fraud-lll-grant-deeds-s.pdf
<http/lillproperinla.com/07-12 17 -oprlUon-letter-fraud-in-grant-deeds-s.pdf> that you notice the partles
<http://illproperinla.com/07-12-17-opIIlJon-letter-fraud-in-grant-deeds-s.pdf> parnes once
Jane so, and that you facilitate vacating the property that you forcibly entered :md
you have done and fraudulently transferred
to
f() Samaan_
Samaan.
Joseph Zernlk
E.
E. A tt Sandor Samuels, Mr Angelo Mozilo - Officers of Countrywide
Att
fonner President,"House
Mr Samuels - also as fanner Prcsident,"House of Justice" Bet Tzedek
11,2008
Nov 11,2008
Art M r Mozilo:
l)Underwntmg
1) Letter:
UnderwntlOg Letter:
http://inproperinla.com/04-1
http://inproperinla.com 0-2(,-doc-44-countrywide--fraud-underwriting-Ietter.pdf
/04-10-2(,-doc-44-countrywide·· fraud -underwriting-letter-pdf
-doc-44-counrrywide-fraud-underwriting-Ietter.pdf>
http://inpropennla.com 104-1
http://inpropennla.com/ 04 10-26 -opinion.letter-countrywlde-underwriting-letter-oct-2() %5 Bs%5D. pdf
0- 26 -opinion.letter-countrywide-underwriting-letter-oct-26 pdf
<http://inpropennlacom/04 -1 026
<http://inrropennlacom/04 02(, -opinion-letter-countrywide-underwriting-let
-opinion-letter-countrywide-underwriting-Iel ter-oct-26'lfo5Bs%5
ter-oct-26%5Bs%5 D.pdf> a) Was
Was
the underwriting letter that IS lS posted online
onlllle as indicated above, dated Oct 14,2004 or Oct (Jet 26, 2004?
2004?
b) Was itit a valld
valId Countrywide
Coulltrywide underwriting
underwritrng letter as part of Samaan's loan application filefrlc in 2004)
2004)
2) Real
2) Real Property
Property Contract"
Contract·
http://111properinla.com/04-10-25-doc-45-countrywide-fraud-contract.record.pel
http://inproperinla.com/04 f
·1 0-25-doc-45-countrywide-fraud-contract ·record.pel f
<http://rnpropennla.com/04-1O-25 -doc-45-countrywide-fraud-contract-record.pdf>
<http://mrroperinla.com/04-1O-25 .doc-45-countrywide-fraud-contract-record.pdf> a) Was it ever received
recelved by
by
Countrywide San
Countrywide San Rafael at 5:03pm on claimed)
on Oct 25, 2004, as claimed?
b) If so,
b) so, who
who was
was itit sent
sent to Countrywide by at that date and that tlrne?
Wne?
3) Was
3) Was CountrYWide
Countrywlde engaged
engaged in fraud in Samaan v Zernik?
Zernik?
Your response
Your response ISIS demanded
demanded by
by 5:00pm
5:00pm on Wednesday, Nov 12, 2008.
Joseph Zernik
Joseph Zernik
- - --- - - - - - - --- - ------ ---------- - ---- - ---- - ------ ------ -------------- --------- -- - - - - - - --- - ------- - --- -- - - -- ---- ------ ---
F.
F. Att Alepndro
Att Alepndro Mayorkas
Mayorkas and
and Att
Att Mark
Mark Kamins
Kamins
Officers of
Officers of "House
"House ofof Justice"
Justice" -- Bet
Bet Tzedek
Tzedek
Art Mayorkas
Att Mayorkas -- also
also as
as co-signer
co-signer ofof the
the Consent
Consent Decree
Decree re: Civil Rights in LA (2:2000cv11769)
(2:2000cv11769)
66
-32-
Nov 11,2008
Justice"?
.- are there any mspute resolutlon bylaws in the "House of Justice")
12, 2008.
Your response IS demanded by 5:00pm on Wednesday, Nov 12,2008.
Joseph Zemik
C.
C. CluefJustice, California Supreme Court
The Honorable Ronald George, OuefJustice,
Superior Court ~
As member of the leadership of LA Supenor -1985,
1985, at the time Sus
Sustarn installed.
tarn was lllstalled.
George
Califorrua Court
Justlce Ceorge:
I{evlew
l{evlew of your otliCial
ofTiCial biography shows you were in leadership positions
posiuons in the civil courts of 1..1\ Court
http://lJlpnlpcrlnla.com !/OO-OO-OO-Judgcs-bio-misc-lIlfo
http://lflpropcnnla.com OO-OO-OO-Judges-bio-misc-rnfo -s.pdf
-sopdf <http://inproperinla.com/OO-OO-OO-judges-bio ·nlisc-
< http://inproperinla.com/OO-OO-OO-judges-bio-mise
splif> IJ~xhibll
info speif> ~xhibJI page 23
23
2) Would you please respond with a statement on the record regarding the notion that Sustain is a fraudulent
fraudulent
system!
computer system!
any?
If any?
5:00pm
Response requested by Fnday, Nov 114,2008, 5:00pm
Zemik
Joseph Zernik
The f Ionorable LA
Also - as Overseer of Civil Rights in LA per Consent Decree (2:2000cvlIH9)
(2:2000cvl1H9)
Also as former Judge of LA Superior Court
Court
beess
The Honorable Gary beess
LA
Judge, U.S. District Court, LA
ReView of your official biography shows you were in judge in the LA Superior Court during years that Sustain was
Review
in use as the case management system. . .
<http://inproperinla.com/OO-OO-OO-judges-blO-nusc-
http://inproperinla.com/OO-OO-OO-judges-bio-misc-info-s.pdf <http://inproperinla.com/OO-OO-OO-judges-blO-ousc
info-s.pdf> - Exhibit page 19
-33-
of the frauds ill
in Sus tam, dunng your service as judge in the LA Superior Court? Court?
2) Would you please respond with a ~;tatement on the record regarding the notion that Sm,tain is a fraudulent fraudulent
computer system?
system?
3) If so, would you please respond wIth a statement on the record regarding corrective action that that you may ininare,
initiare,
If an)')
any)
Upon revIew
review of such records, please lIlitiate
lllitiate corrective action, such as:
as:
"Litigation where no valid summons was issued by the clerk, neither was any valid swnmons served served on defendants,
defendants,
nor entered in court, and where plaintiff was barred from filing papers 111 1ll court, is null and VOid,
void, It never was
was
litigation 10 begin with. No need to dismiss such litigation, since there was no litigation to be drsmissed."
litigatIon 10 ..lismissed."
c) Notice
Notlu.' to partles
pawes regarding your actions in this regard.
regard.
Joseph /,ernik
-----------------------------------
----------------------------------- --
-- -- -----
----- -
----
----
----
----
- --
-- ------
------ -
----
--- ---------~---
---------~--- ----
---
-34-
333 South Hope Street, 48th Floor
Los Angeles, CA 90071 1448
Direct Line: 213-6175544
Fax: 213-620-1398
Email: mkeshavarzi@sheppardmullin.com
www.sheppardmullin.com
\Vww.sheppardmullin.com <http://www.sheppardmullin.com/>
<http://www.sheppardmullin.com/>
Moe Keshavarzi
Keshavarzi
Circular 230 Notice: In accordance with Treasury Regulations we notify you that any tax advice given herein
(or in any attachments) is not intended or written to be used, and cannot be used by any taxpayer, for the purpose
of (i) avoIding
aVOIding tax penalties or (u)
(11) promoting, marketillg
marketing or recommending to another parly
party allY transaction or
matter addressed hnelll (or in any attachments).
Attention: This message is sent by a law firm and may contam information
information that is privileged or confidentiaL
I1ff you received this transmission in error, please notify the sender by reply e-mail and delete the message and any
attachments.
-35-
-36-
DigitallYSigned
DigitallY by
signed by
Joseph Zernlk
Joseph Zernd.,
!l!l IJN cn=)oseph
IJN cn=)osephlernlk,
LernJk,
Z~lJo'\/L ernall
)) ..Z~vJL emall-=Jz12301S(5)earthl
jzl231S@earthl
c
nk.net,c::U5
,nk.net, c=U5
Jate: 200811.24
Jate: 20081 124
~8'OO
Joseph Zernik OlViO P'hD
06A63J ~8'OO'
06A633
ii : ~:.
:' " 1~, ";:'~, '
"Judge shall
"Judge shall' bE!
bE! faithful
faithful to
to the
the law
law...
...",-
Cal Code
Cal CodeJud
JudEthIcs
EthIcs 38(2)
38(2)
"The rule
"The rule of
of law
law must
must never
never be
be confused wh~h tyranny
confused wh~h tyranny of
ofthe
the courts"
courts"
ArJonymous
Afronymous
Nov 24, 2008
Amberg
All John Ambcrg
Jenna Moldawsky
Att Jcnna Moldawsky
Rryan Cave,
8ryan Cave. LLP
Ilyemail
By cmail
the essence,
Time is of the essence, please
please respond
respond by
by Monday,
Monday, Nov
Nov 24,
24, 2008,
2008, 5.;Q!)pm.
5.:Q!)pm.
Amberg:
Att Moldawsky, Att Ambcrg:
I am writing to infonn you of my Icttcr
letter to Bank
Bank of
of America
America corporation
corporation with
with the
the two
two following
tiJllowing requests:
requests:
A.
A. Request for confirmation of Bank of America
America Corporation
Corporation knowledge
knowledge and
and a:J pproval
pproval of
of the
the
continued fraudulent conduct of Attorneys
Attorneys John
John Amberg
Amberg and
and Jenna
Jenn;! Moldawsky
Moldawsky (Bryan
(Bryan Cave,
Cave,
LLP) as well as the continued fraudulent
fraudulent conduct
conduct ofof Countrywide
Countrywide Legal
Legal Division
Division and
and Sandor
Sandor
Samuels in purported State of California
California litigation
litigation Samaan
Samaan vv Zernik
Zernik (SC087400)
(SC087400)
8ank
l1ank of America Corporation is asked to indicate
indicate its
its knowledge
knowledge andand approval
approval of
ofyour
your conduct.
conduct. II need
need to
to bc
be rcre-
assurcd
assured exactly which cntities
entities you rcpresent,
represent, and
and that
that such
such entitics
entities arc
arc fully
fully awarc
aware and aprrove of
and approve ofyour
your continued
continued
fraudulent conduct.
fraudulcnt
J)
J) flease notice
nuticc me ofthe exact
exact date ofchange
ofchange olcontrol,
olcontrol, ifany,
ilany, to Bank of
to Bank America Co/poration.
ofAmerica Curpuration. in
in what
what isis
nominallv known as Samaan
Sall/aan\'v Zemik
Zernik (SC087400)
(SC087400J
2)
2) !Joes
Does Counsc!
Cuunsel ofthe Bank ofAmerica
o(America COIporation
Corporation know and approve
approve eJyour
eJyour participation,
participation, jor
Jar aa year
year
and a half, in abusive proceedings that
Ihat arc
are not
nut part
part ofany
o/any recognizable
recognizable State
State ofCalijomia
ufCalijornia litigalion
litigation or
or
process:'7
any other legitimate legal process
3) Docs ( 'ounsel
3) 'oumel ofthe Bank ofAmerica Corporation
Corporation know
know and
and approve
appruve c{yourfraudulent
ofyourfraudulelll conduct
c<induel in
in the
the
recent taking olmonies in relationship to my
my email
email note
note?7
Such monies were purportedly held held by Pasternak
Pasternak as
as my
my funds.
funds, which
which they
they never
never were.
were. Pasternak
I'asternak never
never
had a valid appointment order, and he nevernever executed
executed any
any judgment,
judgment, since
since there
there never
never was
was any
any cntered,
entered,
effectual judgment to execute in thethe first
first place.
place. Nevertheless,
Nevertheless, he
he engaged
engaged in in conduct
conduct that
that must
must be
be deemed
deemed
of criminal nature - committing first forcible entry into my my property,
property, and
and then
then fraudulent
fraudulent conveyance
conveyance ofof
l
title by tiling
filing blatantly fraudulent grant deed, as certified by
by decorated
decorated FBI
FBI agent
agent James
James Wedick'.
Wedick .
4)
4) Docs
Does Counsel ofthe Bank ofAmerica Corporation know and approve
approve ofyour
ofyourfraudulent
fraudulent conduct
conduct in
in your
your
recent actions, again oUlside any nonn
nann ofdue process?
-37-
• Page 2/9
2/9 November 24. :2008
-38-
• Page 3/9
3/9 November 24, <'008
10) Does Counsel oJthe Bank a/America Corporation kno\\' and approve o/\'our
o/vour .luI\' 23, 2007 offthe
.lull' 23. offthe
and where Judge
records proceeding, where you provided moving papers a/ier opposition deadline, Lind Judge
Connor
('annal' recorded your proposed orders "Denied", yet you claimed later onthat.\IIch order was issuectJ
issuectJ
I I ) Does ('ounsel
('ounsd o/Ihe Bank a/America Corporation know and Llpprove approve ojojthe wrongful afJI1carance
the wrongjul appearance of oj
Jenna
Jemw Aloldawsky in Summary Judgment hearing Aug 9, 2007, a proceedingjidly proceeding/idly based onji'audulent
on/i'audulent
('ollntrvwide record~, Faud ji'aud on the court and one me by Judge (Connor, Keslwvarzi, ('ollntr)·wide,
'onnor, Att Keshavarzi, ('ollntr)·wide,
,'jalllilels,
,')"111 lie 1.1', Il!ozi/o,
Il{ozilo, dnd
and Blyan Cave.
Cave, LLp?
~) Does
11::) Docs Counsel o(the Bank o/America COIporation kllow and approve Judge ( '0111'101",1'
'Olll'lor's fraudulelll
jraudulelll ,.,<';cpt II,
. . ept II,
l007 lIIinute order, lata ihan cuu~e, back-dated to Sept ii 0, 2007.
lhan her second disqualification/hI' a cau~e, 2007,
recording a jictitiou, hearing that had never been heard in reality, and a jictitiou, ruling that hadhad Ih')'anever
ruled in reality - that there was no Ji'aud
/t'aud in Countrywide's subpoena recordl')
recordl'/
-39-
•• Page
Page 4/9
4/9 November 24 2008
November
a.
a. Double
Double "dale
"du/e received" s/ml/ps: Samaan's
IT('eil'ed" slamps: Samaan's LoanLoan Applications
Applications bear double "Date
"[)ate Received"
stamps5,
stamps5, and fraudulent claims were made by by Keshavarzi
Keshavarzi and Countrywide that the loan
applications
applications were first received only
on
on Oct
Oct 12,2004. while fai ling to provide any explanation whatsoever for the second,
\2.2004. while second. earlier.
delaced Date
defaced [)ate Received stamps. The data shows that by Ocl Oct 6, 2004 Diane Frazier already
detected and
and recorded
recorded the fraud in Samaan's loan applications employment data. That of course
would
would bebe impossible,
imposoible, unless she used some ofSamaan's psychic devises in the rracticc practice of
underwriting.
underwriting.
Diane
Diane Frazier
Frazier also confinned that fact to me in a phone call in March 2007 - that the loan
abo confinned
applications wen~
aPrlications wen~ received
received first
first in recordl~d the fraud
ill the first week of October. and only after she recorded
(and
(and failure
failure to
to list
list closing
closing costs,
costs, and
and failure to file a copy of the contract)., and demanded new loan
applications,
applications, McLaurin,
McLaurin, to to spite Fr~ier. defaced the old Date Received sl<unps.
spite Frazier, st<lInps. and ran the old
applications
applications a second time through Countrywide's imaging system, system. ,LS iflhey were new loan
applications. McLaurin then had the second, later stamps "received October 12, .2004". added to
Octo her 12.2004".
these fraudulent records.
h.
b. Fwjll'in: li'uwl Samaan's loan application file, as produced by Countrywidc's
Fw:/ll'ire li'awl Countrywide'..; legal
leg:!1 Division,
Division.
included Illultipl,~
multipl,~ records that bear
bear anonymous fax
fax header
header imprints, with false date notations,
notations.
misrepresented as if they were the dates such records were received in Countrywide from Parks.
In ract of the f~lx/wire
fact they are all fax transmissions between Samaan and Lloyd, as part ortlle l~lx/wire fraud.
In
In fact,
fact. there is no data in the loan application files that allows dating the an'ival
alTival of such records at
('ountrywide
Countrywide at all, and for that matter - the route of arrival, which most Iltkely
IlJkely was as PDF
PDI·
attachments
attachments to emai Is correspondence from
cl1lails from Lloyd
Lloyd to McLaurin.
c.
c. Omission o(email
o/email correspondence
corres(Jondence ji-om
fi-om suhpoena nrodlldio!L\·. Countrywide fraudulently refuscd
subpoena produc'tiofL\·. rdused
to produce the email correspondence pertaining to these loan applications,
applications. and inserted instead a
blank paper forms titled "Con'espondence Log, San Rafael Branch". Maria McLaurin in a phone
call in December
December 2006 explained
exrlained to me that it was done since the Legal Division, headed by
Sandor Samuels. detennined
detennincd that email correspondence was not subject to subpoena
subpol'na productions.
Di,lI1e
Di,lI1e Frazier
Frazier stated that such
such f(lrms
forms "Correspondence Log, San Rafael Branch" had never been
used in San Rafael at least as rarfar back as 1989, her first year or
of employment ill
in ('ountrywide,
('ountrywidc, or 17
years
years prior
prior to the date of the subpoenas. Therefore,
Theretore, the producti'Jn
production of such records was a
deliberate false
false and misleading production of legallbanking records.
The reason the Legal Department exempted such emails rrom from tile
the production,
product ion, was
W,\:, of course that
t~lct arrived by email from Lloyd to Mel.aurin
the records represented as arriving by fax, in fact Mcl.aurin at a
much later date than shown in the fi Ie. For example, the real property contract record, blscly blsely
represented as coming from Parks to Countrywide by t~LX l~lX on OCT 25, W,lS never part of the
25. 2004, W,LS
loan file
tile at least as late as Nov 3, 2004, as can be clearly detennined
determined from the official underwriting
underwritinf!
letters in the same loan file.
16) Does Counsel ojlhe
16) oj/he Bank ojA.merica
cjA.merica Corporalion
Corpora/ion know and approve ofIhe
of/he fraudulent
fralldulen/ Samoan
Sall1uan loan
!O<lll
undern'ritilJg hiSlOry
applications lIIIdeDvriting his/or),' mjabricaled
mjabrica/ed by Counlrywide
Coun/rywide Legal Division, Sandor
SUI/dol' Samuels.
,"'ullll/ds. A/anu
jlvlorio
l{es!luvarzi, John Amberg, and Jenna Moldawsky?
McLaurin, Mohammad Keshavarzi,
COli tract record was never part orthe
While the fraudulent contract of the loan file as laire
la1[e as Nov 3, 2004, Countrywide,
Coulltrywide,
through McLaurin's fraudulent declarations, supported Samaan's fraudulent claims, fabricated in the 33-
6
way correspondence of November 3-6, 2006 between Keshavarzi, McLaurin, and Uoyd L1oyd"- Such
fabrications were the foundation of this whole farce of litigation in the State of Cal ifomia justice system.
filets and fraudulent c1aims
Here are some of the facts claims -
-40-
• Page 5/9
5/9 NOVE'mber 24, 2008
a.
a. The real property contract was fully executed by Joseph Zemik on Sept 15, 2004, and its full
15,2004,
execution \vas
was acknowledged by Nivie Salnaan on Sept 16,2004 - true <:Ia,im.
da,im.
b.
b. Samaan's loan applications arrived for the first
tlrst time in Countrywide San Rafael between October
1 and October 6,2004- true claim.
c. Samaan's loan applications arrived for the first time in Countrywide San Ra~ael
c. Ralael only on Oct 12.
2004 - fraudulent claim.
d. Such loan applications included a copy of the real property contract - fraudulent claim.
d.
e. The reason Samaan refused to submit a copy of the contract for Frazier's review was that Samaan
e.
included in the contract provision for counting the commission as part of the down
downpaymenl. Such
payment. Suell
provision would have caused denial of Samaan's loan applications in and of itself - true claim.
rr Samaan's loan applications were suspended on Oct 14.2004
14,2004 - true claim,
g. Samaan's loan applications were suspended merely two days ancr
g. aller their tlrst
tirst arrival in
Countrywide - fraudulent claim.
h. The reason fill' such summary suspension was that the underwriter.
h. underwriter, Diane /·ra£.icr
Fra£.ier deemed the real
property contract not "fully executed" - fraudulent claim.
I.
I. The real property contract was deemed not "fully executed", as
ii' a result or
of miYiing
missing veritlcation
veritication by
Joseph Zernik
/'ernik on the initial oflcr- fraudulent claim.
.J. The meaning of the condition set by Diane Frazier in the October 14, 2004 Underwriting Letter
.J.
demanding tiJlIy
dell1<Ulding fully executed real property contract, and reliJsing
refusing to accept escrow letter as a
real property
substitute was that she asked tor additional verification by Zemik of the l'I:al propcrty contract
fraudulent claim.
k,
1-:. mcaning of
The mC<Jning oftlllC
the condition set by Diane Frazier in the October 14, Undenvriting Letter
2004 lJndenvriting
14,2004
demanding fully aecuted
defll<mding executed real property contract, and reti.lsing to accept escrow letter ,LS a
substitute was that Samaan refused to submit a copy of the contract, and submitted instead invalid
substilute
lellers - true claim.
escrow letters
Monday,
I.I. That condition, demanding fully executed real property contract, was satisfied on Monday.
October 25, 2004, when the "fully executed" contract arrived by fax at 5:03 pm
pill from
Irom Parks to
Countrywide San Rafael - fraudulent claim.
COllntrywide
m. [mmediately
nL Immediately upon arrival of that tax from
trom Parks on October 25,2004, Samaan's loan applications
25, 2004, Sama;m's appl ications
were approved by Countrywide underwriter- fraudulent claim.
n. On October 25.
n. Frazier,
25, 2004, Maria McLaurin displaced the duly assigned underwriter, Diane Frazier.
and took over underwriting ofSamaan's loan applications, out of compliance and in violation of
the law- truc
true claim.
o. On October 25, 2004, Maria McLaurin had appraisal review ordered - true
o. trut· claim.
p. On October 25,2004, Maria McLaurin completed Branch Input, [xception
p. [xccption (equest
request and tiJr\varded
tllr\vardcd
it to Demetrio Gadi, Corporate Underwriting Support - true claim.
q. In her Branch Input, Maria McLaurin fraudulently listed Samaans incoll\l:'
q. income at $4,00(1,000 per year
$4,000,000 pCI'
- true claim.
claim,
In her Branch Input, Maria McLaurin failed to include Clues analysis report- true claim.
r.r. [n
s. Maria McLaurin was not authorized to file such a Branch Input, il should have been filed by an
s.
authorized underwriter - true claim.
-41-
• Page 6/9
6/9 November 24, 2008
t.t. Dcmetrio
Demetrio Qadi'
Gadi' response arrived only on October 29,2004 - true claim,
u.
u. In
In his response Qadi
Gadi explicitly stated it did not constitute approval-
approval - true claim.
v. In his response Gadi demanded that Samaan's loan a[1plication
v. application be approved only alkr a valid
Clues analysis report was generated - true claim.
w.
w. In
In his response Gadi demanded that Samaan's loan a[1plications
applications he
be approved only aftcr
after
underwriting review by an authorized Branch Underwriter.
Underwriter, not by McLuarin - true
truc claim,
claim.
x. Closing in the real propcrty
x. property contract was stipulated for November
Novcmber 1,2004 - true
truc claim,
y.
y. Appraisal review results arrived only on November 3, 2004 - true claim.
claim,
1.
7. In underwriting letter issued by McLaurin on November 3,2004, the real estate contract. as well
as other conditions, were stililistecl
still listed as unsatisfied - true
truc claim.
aa.
aa. In the under\\riting
underwriting lettcr
letter issued
isslled by McLaurin on NovembL'r
November 3, 2004, llroker
Broker Certilication
Certitication of
Records was sti
stillII listed as unsatisfied - true claim.
bb.
bb. The Nov 3, 2004 Underwriting Letter was issued by McLaurin, not by a lIranch
llranch I Jnderwriter, in
deflilnce
defiance ofCiadi's
of Gadi's instructions - true claim.
ce.
cc. There is no indication in the loan tile thilt
that Broker Certification of Records WiLS ever
ever obtained -
true claim
dcl.
dd. True Broker Certillcation
Certitlcation of Records could never be obtained, sincc
since Parb., listed as the Broker on
these loan applications.
applications, had nothing to do with this loan, as admitled by Samaan in her July 2006
lie had never signed the loan applications, and never approved the records Il)f'wardell
deposition. lIe t(lrwarded
Samaan to Countrywide via the wircli~lx
by Salnaan wire/i~lx fraud scheme in his name - true claim.
ee.
ee. In January 200il
200/) McLaurin lurwardcd
forwarded Samaan's Loan Application I()r funding by Counllywide
lkmk - true claim.
BiUlk
ff
ff In January 2006 Countrywide Bank summarily denied funding of Samaan's loan applications
applications-
true
truc claim.
7) noes Cowm.:1 ojtht' Bank
J17) Balik ofAmaica
ofAmerica ('orporation
('orporatioll know and approve olfl1<'frawlulent
olrht'frawlulellt claims
c:!aims by
b)'
(('ountl:vwiJe
'ountl:vwide ill 200()/7 - that there were no imaging,
imuging, security. internal (lIldit.
111ldit. extemal
external audit. regulatllr)'.
regulatory,
or any
an)' uther reports relative to Samaan'sfraudu{ent
Samaan'sfraudulent loan applications?
I~)
18) noes Counsel oftht' Rank
Rank ofAmerica Corporation know and approve ojfhe ojrhe death threat against IIU' me in
A/arch 2007, by a person who represented himsell a~ doing it on ('OUlllf1,wide's
('ountrHI'ide's hehell}.
hehcllj. to intilllulate
intill/ulate me
from further communicatIOns with Diane Fr02ier?
Fr(J2ier?
19) Does
Docs ('()Unsel
('ounsel of/he Bank ofAmericu
ofAmerica ('orpora/ion
('orporation know und
and upprovr.:
approve ole
of( 'oun/rywide 's hundling
'ountrywide's handlillg ojDiane
ojDianc
F'r02ier',\
Fi'(J2ier's disappearance ill !v[arch
A·[arch 2007, to avoid heing
heing served suhpoenali)r
suhpoenafor depositll)II'
depositioll'
By phone Diane Frazier was willtully cooperative and helpful, albeit intimidated.
intimidated, repeatedly warning me
that I had no clue who 1 was dealing with. A lew
tew days later, a person representing himselfas Mr Levine
answered the door, and he claimed that she had moved. But when I called her las1la51 week, she W,LS
W,LS at the
same number and it was registered to the very same address.
Countrywide's actions relative to Diane Frazier, a key witness, cannot be jeerned anything but a series of
predicated acts per RICO.
20) Does Counsel ofthe Bank ofAmerica Corporation know and approve of Countrywide '.I''s handling of
Zemik's
Zernik's complaints 10to banking
hanking regulalors.
regulators. and are Ihey jamiliar with the handlin,,,,~
theyfamiliar handlin:,,~ ofsuch complaints,
which is likely to be
he seen as dishonest?
-42-
• Page 7/9
7/9 November 24
November 24. 2008
2008
-43-
• Page 8/9 November 24, 2008
claimed in open court that she would sign an order for sanctions.
sanctions, which she never did. The case relative to
Countrywide's gag order on July 23, 2007 was simply a repetition of the same fraud routine.
Judge Connor's ulterior motive in perpetrating the fraud in Countrywide's records is best evidenced in her
fictitious.
fictitious, fraudulent minute order of Sept 10.2007.
10,2007.
B. Request for assistance in freeing those who are falsely imprisoned in Los Angeles County, after being
confirmed as innocent but framed in the Rampart scandal investigations, and in restoring public records of
the LA Superior Court in compliance with the law.
law,
.fudge Connor's corrupt conduct as described above should not come as surprise to anybody. Similar conduct has has
bccn courts, relative to the conviction and long prison knns of Irlnocent people in
been described in the criminal courts. in
Judge Jacqueline Connor is one of the judges notorious for participating in the framing or-estimated thousands 01'
01'
people in what came to be known as the Rampan scandal. It is now I() years after the scandal was lirst exposed.
exposed.
and some t'our or five commissions investigated the matter. And yet.
yet, nobody has a good estimate of the number ot'
ot'
people that were sentenced by suchjudges to long prison terms based on lalse testimonies by corrupt police.
police.
out of 4 corrupt police. Iler conduct was the clear sign that the judiciary would not allow true investigation and
and
Even the prisoners that were conlirmed as innocent but framed in these investigation have never been /i'eed,
/i'eed,
except for a small group, of less than 200. The latest report -- Blue Ribbon Review Panel 2006 rep0l1 estimates
estimates
Moreover, careful analysis of Samaan v Zernik, of the failure to free those who were innocent but framed.
framed, and the
the
dysfunctional office of Overseer per the Consent Decree (2:2000cv I 1769) has once central key leature -- the
the
key feature of the corruption of the justice system in LA County, and it has been going on for over a quar1er
quar1er
century.
century.
In the past year I have made requests regarding the opening of the public records or
of LA County Superior Court.
Court,
which arc likely to lead to the immediate release of those falsely imprisoned. With assistance from U.S.
U.S.
Congress, I received responses, which I deem inadequate from Mr Kenneth Melson, Director, U.S. Dep~u1ment of of
Any U.S. citizen should assume it hislher duty to stop the abuse of the Bill of Rights 01'9.5
of9.5 million people who
who
Joseph Zemik
CC: By email -
"Van Cleve, Peter D." <pdvancleve@BryanCave.com>, sandor_samuels@countrywide.com,
angelo_mozi lo@countrywide.com, samuels_sandor@Countrywide.com, mozi 10 _angelo(~Ycountrywide.com
angelo(~Yc:ountrywide.com
-44-
• Page 9/9 November 24, 2008
Kenneth D.
D Lewis
Chairman, Chief
Chid Executive Otlicer and President
President. Bank of America Corporation
Keith Banks
President, Glohal Wealth & Investment
President. Global Inve:itment Management, Bank of America Corporation
Ris~ & Capital Committee and tvlanagement
Risk Management Operating Committee
Joe L. I'ricc
I'rice
Chief Financial OfliceL Bank of America Corporation
Risk & Capital and M,magcment
M~U\agement Operating Committees
On SEC
SEe report, recent
TERESA M. BIZENNER
I~IZENNER
Associate (jeneral
(jcncral Counsel
On 10-k
IO-k 11107
Neil A Cotty
('otty
Chief Accounting Officer
SEC Headquarters
Headquarler,
lao
100 F Street
Street. NL
NL
Washington.
Washington, DC 20549
20549
(202) 942-8088
942-8088
help(a)sec.gov
help(a)sec.gov
Division of 8anking
13anking Supervision and Regulation
Regulation
Federal Reserve Bank of San Francisco
Francisco
101 Market Street
Street
San Francisco, Califomia 94105
94105
Mailstop 920
920
Toll free: (866) 838-9247
838-9247
FAX: (415)393-1962
(415)393-1962
-45-
• Page 10/9 November 24, 2008
And by email
-46-
-47-
Digitally s'gned
,'gned by
Joseph Zernlk
!l DN. cn=Joseph Zernik.
) ,. ~~v~~
~-v~~ (;>rTL_:.iJ-JZ12311<:;\"~,;Hth'in
(;>rTL_:.iJ-JZ12311<:;~,"~,;Hth'in
kneL c=US
Oat"
DatI' 200H12 09
10:25214)800'
10:2S214)800'
December 9,
9. 2008
America?
Timely crime notification per SECTION 307 OF SARBANES-OXLEY,
SARBANES-OXLEY,
Please respond by 5:00pm on Sept 9, 2007
2007
Mr Amberg
1) Are you and Bryan Cave registered as outSide counsel by the Legal Departmenl
1) Departmem of Bank of America
Amenca at present?
Please let me know what your Legal Matter Number ("LMN'7 IS. is, which was prOVided to y'ou
y'OLJ by the 80/\ Legal
Iljenbficatlon number, or any official record by the entity
Department? Absent such Iljenltfioatlon ent'ty you claim to represent, I must
assume your note, COPied below, is fraud, as surely would any counsel, reading suoh
such a deliberately ambiguous note
FYI
CASe:, OUTSIDE OOUNSEL
IN ALI CASe,. DEPAR1M~Nl AI roRNEY
COUNSEL MUST OBTAIN PRIOR A1PPROVAL FROM A DEPARTMENT fORNEY HI+URI INCURRING
ICAINT FEES OR EXPENSES ON A MATTER
SIGNlf ICANT MATTER. INITIATING ACTION SEEKING EX IRAORDINPHY
TRAORDINPHY RFMEDIES I~ELlEF SOUGHI
REMEDIES OR I~EL1EF
ON BANK BEHALf, UNDERTAKING REPRESENTATION INVOLVlNC,
8AlNK Of AMERICA'S I3EHAU. INTFRrST Of,
INVOLVlN(, ANY POSSIHLI CONFLICT Of INTFRrsT or,
PROCEEDING IMTH
PROCE~DING1M lH AlNY MATTER ENTAILING
ANY MAHER ENTAIliNG A SIGNIFICANT
SIGNIFICAINT LEGAL. REGULATORi.
REGULATORY. PREcrD,
PRECFD( NTIIIL
NTIAL OR RIPUTArtONAl
RfPUTA 1I0NAL RISK 10
BAINK m
BANK Of AME RI CA
AMERICA
2) Is the Legal Department of Bank of Amertca
2) Aillenoa at all aware of the fraudulent litigation you are conducting here under
their name?
3) If not
3) Coul1tr:vwide Home Loans,
not. by whose authority are you at present engaged as "outside legal counsel of Countr.vwide
Inc"7
Inc"?
4) What IS the legal foundation for your daims below?
5) What IS "the Court's order'? please be explicit
6) Could you please notice me of the purported "Court's order" you are refemng
refernng to? Absent such notloe,
notice, 'lour
vour email
below IS null but yet another fraud in thiS chain
7) Who Issued such court order, when, and under what authority?
authonty?
8) How come the purported court order refers to "Counsel for Countrywide"? What entity IS tt",at supposed to be?
I:;
-48-
• Page 2/2 December 9, 2008
In C<3se you refer to Samaan v Zemik, please be explicIt, the La Supenor Court 1V0uid not confirm "Samaan v Zernik"
as California Supenor Court C<3se and all indications are that this IS an "Enterpnse Track" case, engineered by
Jacqueline Connor and Sandor Samuels for fun and profitprofit. In such case your note below IS another pwdlC<3ted
C<3se of Intimidation/harassment of a victlm/informerlwhisUe-blower
12) How long do you think you could go on with this fraud?
fraud?
Samuels?
14) Please on behalf of Sandor Samuels, authenticate or repudiate as fraud the Underwnt1nr11etter dated October 2.§.
2004, which has been repeatedly filed In court fraudulently misrepresented by Mana McLaul-in Samaar,
Keshavarzl, and Parks, as an Under%ltlng Letter of October 14, 2004, or mid-October 2004?
KeshavafZl
Purcha~~.Contrag, wnich has
15) Please on behalf of Sandor Samuels authentlC<3te or repudiate the Real Property Purcha~~Contrag,
~(eshavarzl, and Parks as
been repeatedly filed In COLIrt fraudulently misrepresented by Mana McLaurin, Samaan, r(eshavarzl,
faxed on October 25, 2004, 5 503pm
03pm from Parks to Countl)'Wlde?
16) ThiS IS almost the end of the quarter, and for many corporations also the end of the fisC<31 year, In C<3se you are
retained as outSide counsel to any other corporate entity, please confirm your compliance With lLCFR 205
(otherwise known as Section 307 of Sarbanes-Oxley), relative to the frauds perpetrated tlY you, Jenna Moldawsky,
MOliio and oUhers, under the guise of litigation, and cclluslon
Sandor Samuels, Angelo Mozllo wlluslon With Terry Fnedrnan, John
Segal, Jacqueline Connor and others In abuse of civil nghts under color of law 18 USC §:~~~, as well as vanous
predlC<3ted acts per RICO 1B USC §1961-1968
1\:'.( 1 \\ I 1"11 SH
( 0\11'1 1\:'.(" ~Ol'
SH '110\ JlJ S\HB\
01- S "''''',-0.\11.\
\HU \ ",L<.,..()\1 1.\
BELIEVE THAT MATERIAL VIOLATION or LAIN MAY HAVI, OCCURRU)
If OlfTSIDE COUNSEL REASONABLY BELllcVE OCCURRU). IS O';CUI<I<ING OR is
IS
OCCUR. p.s
AllOUT ro OCCUR, P-S SET FORTH IN SEC
SECTION
nON 307 Of flHE SARBANESOXLEY ACT Of 20021\ND HIE SeC I~ULE PROMULGATW
SFC I~ULE
205). OlfTSIDE
THERE UNDER (17 CFR 205), OlfTSIDE COUNSEL MUST NOTIFY THE GENERI\l COUNSE.L PoNO THE APPROPRIATf
APPROPRIATr LEGAL
DEPARTMENT ATIORNEY THIS NOTICE MAY BE IN ANY FORM,
DEPARTMENT FORM. BUT SHOULD CONSPICUOUSLY SIATF
SIATF THAT
rHAT I-'S BEING MAOf
UNOER SECTION 307 OF THE SARBANES-OXLEY ACT ACT
Joseph Zernlk
lemlk,
Dr lemlk
Please be a,jvlsed that the status of our law firm as outSide legal counsel for Countrywlde Home Loans, Inc ren13lflS
unchanged fly the merger WIth Bank of Amenca, and that we contmue to repre~.ent Counlrywloe In connection With your
IrtlgatlOn
order. you are to communICate exdusl'lely With deSignated counsel f,x Countrywide
You are reminded that under the court's order,
or Its employees
and nol with any of
John W Amberg
John W Amoerg
Amoerg
LLP
(310) 576-2280
This eleclrorllc message IS from a law firm It may contain confldentral or pnVlleqed Information If you recelveoJ thiS
Iransmsslorr In error, please reply to the sender to advise of the error and delete thiS transmiSSIOn and any atachments
transmsslorr
IRS CIfOJlar 230 Disclosure To ensure compliance WIth requirements imposed by the IRS, we Inform you thelt any US, US.
this communlcatron
federal tax adVice contained In thiS communlcalron (induding any attachments) IS not Intended or written to be used, and
penaltJes under the Intemal Rev~nue Code or (II) promoting, mar1<.etlng,
cannot be used, for the purpose of (I) aVOiding penaltres marXetlng. or
lransactJon or matter addressed herein
recommend Ing to another party any transaction
-49-
-50-
Page 1I of
Page of II
Dec 9, :2 OOR
David J. Pasternak
Jcrma Moldawsky
Mr Pasll:rnak, Ms Moldawsky:
Moldawsky:
I recently received a letter describing transaction where some $7,000 were transferred
transkrred hy
hy Mr
Mr Pasternak
Pasternak
I) What was the exact identity or of the entity who was providing the funds'.'
funds'.'
2) What was the exact identity of the entity receiving the funds?
funds'?
Zernik
Joseph Zernik
12/10/2008
12/1 0/2008
-51-
-52-
Page 1I 01
Page 01 j j
December 9. 2()m~
2()m~
Mohammad Kcshavarzi
Sheppard Mullin, LLP
Mr Keshavar1.i:
Keshavar7.i:
12/10/2008
I2/I 0/2008
-53-
Paue
o 20f3
Page
5) You have never provided adequate authentication of that record when you introduced it as evidenc,~.
afthat evidence.
7) This court refuses to even continn that Samaan v Zernik was ever a case of the Superior Court of of
California. Regardless, you were fully aware that such records were, are,
arc. and always will be fraud,
fraud. and
and
8) [n
g) In the most recent papers you omitted the fraudulent transmittal cover sheet. Regardless. this record
record
9) Therefore, I request that you immediately remove this record from your most reccnt
recent rending
pending parers.
papas.
fraud.
b) to vacate al \ orders.
orders, decrees, judgments that were based on such fraudLient
frauddent real cstale
cstate contract rcconl.
record.
10) Please consider this notice per CCP § 128.7 for start of Safe Ilarbor
Harbor period.
ARZi ~MR
KL':SIIAV ARZi
MR KL':SIII\V &_MR MALIJ\lGAGID:
MAUNGAGIO: RESPONSE REQUESTED BY WED, DEC 10,2008,
5:00PM.
12) This notice is also forwarded to !\.tt lodd~loock, Countrywide Home I lome Loans, Inc, who was part of
the team under Mr Samuels, who devised the subpoena fraud in 2006, and repeatedly provided
Confer in 2007, then claimed religious observance to void
fraudulent responses to questions in Meet and ConCer
appearance in motion to compel. Mr Boock is requested to authenticate the real estate contract record,
frol11 the record, and with it the entire countrywide fraudulent subpoena,
otherwise, to withdraw it from subroena, and to
notice the parties and the court accordingly. Mr Book is according to Bank of America OffIce of
th~ only _OJ~ authorized to represent Bank of America Corporation. That ollice
General Counsel tl1~ olTicl' had no
record of Bryan Cave LLP as authorized to represent Bank of America in this matter.
M~BOOK: RESPONSE REQUESTED BY WED, DEC 10,2008, 5:00PM.
MlLBOQK:
to:
TimothyJ, Mayopoulo~ Executive Vice President and General Counsel
Mr TimothyJ Counsel
America)
Bank of America Corporation (Bank of America)
St
100 N Tryon St
NCI-007-56-ll
NCI-007-56-II
28255
Charlotte, NC 28255
386-7484
Phone: (704) 386-7484
370-3515
Fax: (704) 370-3515
12/1 0/2008
12/10/2008
-54-
Page
Page 33 of
01'33
With
With the
the demands:
demands:
a) that
a) that Bank
Bank of
of America
America corporation
corporation put
put an
an end
end to
to this
this fraudulent
fraudulent litigation
litigation and
and farce
farce of
of aa court,
court,
progressing in
progressing in its
its name
name in in the
the past
past six
six months.
months.
b) that itit withdraw
b) that withdraw the the fraudulent
fraudulent subpoenas
subpoet1lls produced
produced byby Sandor
Sandor Samuels,
Samuels, Todd
Todd Boock
Boock and
and their
their
colleagues in
colleagues in the
the corrupt
corrupt Legal
Legal Division
Division of of Countrywide,
Countrywide,
c)
c) that
that they
they take action to
take action to mitigatc
mitigate damages,
damages,
d) that they report
d) that they report in the quarterly report for
in the quarterly report for Q-IV of 2008 such
Q-IV 0[2008 such material
material deficiency
deficiency -- the
the compromise
compromise of
of
the team 01'
the legal team 01' Bank of America Corporation resulting from incorporation of the Legal Division of
legal Bank of America Corporation resulting from incorporation of the Legal Division of
Countrywide
Countrywide FinancialFinancial Corporation
Corporation to to its
its ranks
ranks pursuant
pursuant to
to
Section 307
Section 307 of
of Sarbanes-Oxley
Sarbanes-Oxley
Since
Since material
material violation
violation ofof law
law has
has occurred,
occurred, isis occul-ring
occul-ring and and isis about
about to
to
occur
occur again,
again, as
as set
set fOI-th
fOI·th in
in Section
Section 307
307 of
of the Sar~Jl~~-j)xll'y~~1JLf20Q2
theSar~Jl~~-j)xl~Y~~LQf 2002
and
and the
the SEC
SEC Rule
Rule promulgated
promulgated therethere under
under OLCFR2!lS),
OLCFR10S), the the :general
gcneral
counsel
counsel must
must inform
inform his
his superiors
superiors and
and the
the authorities_
authorities. This This notice
notict.' may
may he
hc
in
in any
any form,
form, but
but should
should conspicuously
conspicuously state
state that
that itit isis bdng
bdng made
made under
under
S ection.307o[Jhc--,"ial'b<!nes-QXley_Act.
Section.307 Q[Jhe--,"lal"-b'!nes-Oxley.Act.
MR MAYOP_QULC1'):
MR MAYOPDULC1'): RESPONSE
RESPONSE REQUESTED
REQUESTED BY
MY WED,
WED, DEC
DEC 10,2008,
10,2008, 5:00PM_
5:00PM.
Joseph
Joseph I,emik
l,crnik
Fax: SO
Fax: XO II 998
99X 0917
0917
Tel: 3104359107
Tel: 3104359107
Additional
Additional documentation,
documentation, including
including fraud
fraud experts
experts opinion
opinion letters
letters re:
re: fraud
fraud in in this litigation can
be
be viewed
viewed at:at:
http://inQIQperinIQ.com/Q4-:-10-26-dJK=41=-c:ountrywide~trc!l,!d=-undel\~itiDg-lett~r.pdf
http://inQ[Qperinl(1, com/Q4-1 0-26-dj)i:=41=-c:ountrywi de~ ITclJ!d=-undervvJWng -I ett~r. pdf
tillQjIiIinproperin
tillQj la. cornjQ~t- 1Q-
nproperinla.comjQ<t-l 26-QPln ion-let:t:t=r=mJJntty';Yide=.under~it:ing
0-26-QPln ~ letter=o_d-26-s.pdf
ion-let:t~r~mjJnt~ide:-_underwrit:ing-letter-=-o_d- 26-s.pdf
com/04-09-07 -sa maa n5=PJ"egl,LaliJic:qtiOfl-=L~ttgr .pdf
http://inproperinla.com/04-09-07-samaan5~PJ'egl,LaJiJiC:Cltion:::l~tt~r.pdf
http://inproperinla.
co m/04=09-0 7-opinion-~tter
http://inproperinla.com/04-09-07
http://inproperinla. -opinion-I~tter-friH.Jd=i
-frg!.Jd~io::Rregl.JqlifLcaion
o::Rreq LJCllificaion-letter-so
-letter-5.pdf
pdf
http://inproperinla.com/04-09-27-doc-40-samaan-frqudulent-IQqH=-appILcations-s.pdf
http://inproperinla.com/04-09-27-doc-40-samaan-frCludulent-loan=-C1pplications-s.pdf
http://LOQroperinICl.~om/O±Q9-ZZ-samaCln-c.QLJntrywide-f[audulent-IQClD.-_cwpILC(jtion.p.cJf
http://Lonroperinlg.r:om/Q1::Q9-ZZ-samacw-c.mmtrywide-fraudulent-IQCiO.-_ClPQlLcqtion.p_dJ
hJ1P:jJinproperinla--"c:omIQ4::09-27-opiniQo-let.ter~frqud-in-loan-qQQlicatiQDs-signature::s.pdf
ht1R:Jjinproperin la <::omj04-09- 27-opi ni1)O -lettgr~frCl ud-in -loa n-ClQPJicati_QDs-sig nature-so pdf
httR:jjinRrQP~(inla~c:Qm/04-1 0-18-wi r~=fraud=p 1.pdf
ht1:R:jjinPJ'QJ:>~rinla.mm/04-10-18-wir~=fraud=p i.pdf
http://inprop~rinla.com/04-10~
http://inpropeJinla.com/04-1Q= 18=9-email~-in-re-wi[e-faxJraud.pdf
18-9-email~-in-re-wire-fax~fraud.pdf
http://inproperinla.com/()4:~ lO~ 2~=cou ntry'IfVide=-aQ!JI!:~raJeQ-branch=;,Dput-exceptiQn-reCjuest
http://inproperinla.com/()-4::10::2~::countrywide::aQ!.!I!:~(aJ:ert -branch-=-i,nput-exception-reCjuest-
s.pdf
s.pdf
ht1:QJlif1PLQpgrinla.com104-1O-=2S-dQc:=4S-cQuntry\fl.lkl~-frClud_j::ontract-reSQ[~1.PJ:lf
http.:JLIDRLQP.erinla.com/04-10-=25-gQc::=45-cQuntryl,/l,iiQ~-frClud.j::ontract-JemD1J:>df
bttR~i/inp[()P~rin103.
bttp.:/lLnpmperin com/04-10-26-col,J
103.com/04-1 0-26-col,Jn1:J}twide-fra
ntn'!Yide-fraudulent-u
udulent-uoderwrjti ng-Jet:t~~!-s.
oderwdti ng-LE:Jt~~J -5. p.df
pcjf
httpjlinQroperinla.com/06-07-10-samaan-deposition.pdf
htlP:lllnproperinla.com/06-07-10-samaan-deposition.pdf
http:)linproperinla.com/07-02-08-countryWide-frClUdlJlent-suQpoe.njl-PrQQLJ~tiQn-c-~.pdf
http://inproperinla.com/07-02-08-countryWide-frq u~JlJIeDt-su QPOeJl<l- PrQQLJ~tion -C-~. pdf
http:// inproperinla.cQmjQ6-1
http://Lnproperinla. comJQ6-11-Q9-doc- 38-1-cQlJJllryy..ti~te~mc: lau[i~fal
t-Q9-doc- 38-1-cQllolryy..tiQe~rm:la u[in:Jalse=dJ~cIClIa tiQD~~p.df
se=dJ~cligIatiQn~~p.df
http://inproperinla,com/06-1i-09-doc-311-2-cou ntrywide-mclaurin-false-d~gI9ratlons.Qdf
http://inproperinla,com/06-11-09-doc-38-2::countrywide-mclaurin-fa Ise-dec:lI9ratlons.j2df
http://inproperinla.com/07-06-20-bet-tzedek-web-page-with-samuels-befoie-letter.lrNf -
http://inproperinla.com/07-06-20-bet-tzedek-web-page-with-samuels-befole-letter.lrNf
Samuels -- the
Samuels the fraudster
fraudster asas "fraud
"fraud buster"
buster"
12/1 0/2008
121l0/2008
-55-
-56-
l>tJI1dil, ~I :rH
l>tJI1dll, -, jtH4J h")"~jl,
.. J 1,'1 h")"~jl,
/cr'llk
/('r'llk
t);'\j ':n. lc)qih
I.n. lc)~~'ph (['f'\ 1\
fef'\
NIl ~d "1"
"I: 1 ~11J. <:"'~"Jrthhn~
r;:o~IS
nr?L r;:o~ IS
O . l ft
O. If)Of: ':01'.
ff l!)()f, 1,'0'):;' \·;',1)0:"
\·;':90:"
DL\lAI'I<f) TO\IITI(;;\,n:
RE: DL\lANf) TO\lITI(;A'n: O.-\1\ll\(;ES :\i\D FOR (ORIU:CTI\T ACIIO:'li-i
ACIIO:-"..,
;\lsu i~ a ktter
cllc'losed i,
Alsll cnclosed kllcl to various p311ics,
fXll1ics. pleasc "co;crt it as
rlc,be acccrt addrcssed personally to you \I'iih
a.s addressed ,lema ld 1<1I
\\'iih the dC1l1a I,ll
immediale action
imlllcdiJIC tC' mili~alc
actil'll III mili"alc damages. sati:~llard my civil
damagc~. to sati:guard ci\il righh, homc to my possc",iol1
III rerum my home
rights. to posse""iol1 In stop
l11y harassmcnt hy
111: by Countrywide. t'lr compensation tilr
Cuuntrywidc, and !<-)r me by Counlr),widc*.
te' Ille
I(lr hann tc' Countrywidc*,
I'lca'ic 1Il\II1cdi:ltcl\.
Plea:.;c Ilnnle:dl<ltcl\. hu:
bu: nn
no Ialer
lalcr than
thall Friday,
Friday. Den'mhl'"
(kn'mlll'r 12.2008. illl(ll'I1l1l1C
12,20011. S:00[lm illl(lfI11 ollir decisIl111
pI':Y(lur
1l1C PI' dcc:iolllil in
ill lhi·,
Ihi·.
r~gard
• Count,,:'wide
Countrywide here11l'1'l: dcnotes
dcnotcs Count,,:wiJe linall(;i~\1 Corr1<.1I'ation
Countrywide linancial Corl',,)r~llioll (eTC)
((TCI and all ib subsidi;:Irics
subsidi;:Iries and aftillates,
aftiliates.
jointly ancillr sevcrally
joint!) anl10r sncrally
-57-
Cl'l\.!!I'j c,qn,-d rro',
!:l' l\.i!l,! c,qn,-d o',
Ir'wrh
Ir'wrh ll'rl\!:"
11'rl\!:':
.,.-._
..._ j)j) li~-.
li~-. ;!~
\:!~ ;'Y'('pt
!t)',('pt d;.
)"In~!;.
)"In
) . &Vv-v"1...
~) . 7j,v'v""'/1... t~')I'lll
{'f)I'll! 111,' L1'l ,."·,JfHlltl'
l!lj:4'l,'''<·.lfHlllll
--
-- -. w'r. ~~
-. kk '1'f, ),~
)';
!fL11f'
),111' .',",n,'"
)(,n~ I}Ill))
II'
Oi
Ol l' .,/ -(;.,
11 ."J: -0' ell
ell
PRESS
PRESS RELEASE
RELEASE
llti,,_
Tlti<:
Who's
Who's inin Control?
Control? Countrywide's
Countrywide's Involvement
Involvement in in aa Dubious
Dubious Los
Los Angeles
Angeles
Superior
Superior Court
Court Case
Case Continues
Continues even
even after
after Takeover
Takeover by by Bank
Bank of
of America;
America;
U.S.
U.S. Department
Department of of Justice
Justice has
has tolerated
tolerated the runaway I-A
the runaway I-A court
court ,in
;in the
the
past 88 years,
past years, and
and thousands
thousands (?)(?) are
are falsely
falsely imprisoned
imprisoned by by the
the same
same
court
court for
for over
over aa decade..
decade...,
SUb!Jtl~
SUb!Jtl~
Defendant
Defendant calls
calls for
for the
the highest
highest priority action by
priority action by the
the Obama
Obama administration
administration
regarding
regarding the
the coflapsed justice system
coflapsedjustice system of ofLos Angeles county..
Los Angeles county..,,
BOd..\'-
Badl
vv Zurllll<
SiJll1iJiJlJ
SiJll1iJiJlJ Zurllll< stems
stems from
from aa dispute
dispute over
over aa real
real estate
estate transactiOf'.,
transactio".. enterEd
enterEd !Y/ !Y/ the
the
parties In 2004
parties In 2004 forfor purchase
purchase of of ZerM;'s
Zernlk's Beverly
Beverly H,lls
Hills reSidence
reSidence by by Samaan
Samaan .."She She was was ilil
stmw
stmw buyer,
buyer, and
and everything
everything starting With her
starting willi her Pre-qualiflciJtion
Pre-qualiflciJtion Lel/ef Letle" and
and tIel
tIer Loan
Loan
APf1(ic31101lS 3m!
APf1(ic31lOns 3m! continuing
continuing I/J III tile /cWo/SUit Ihat
tile laWSUit that was filed aa year
was filed year laler was pal,'
lalcr was pan' ofof £In
£In
etaborate
eta borate sarlGs
sarlOs of frauds,' states
of frauds,' states Zernik
Zernik. Indeed,
Indeed. an an opinion
opinion letter
letter I)y
I)y nationally
nationally
acclaimed
acclaimed fraud
fraud expert
expert Robert
Robert Meister
Meister shows
shows that
that the signatures on
the signatures on both
both the
the
prequalification
prequalification letter
letter and
and the
the loan
loan applications
applications were were forged
forged. Clarml:
Claiml: of of such
such fraud
fraud and and
other
other instances
instances of of fraud
fraud by
by Samaan.
Samaan. by by Countrywide,
Countrywide, and and by
by the
the LALA Supenor
Supenor Court,Court,
were
were made
made by by Zernlk
Zernlk in in court
court papers
papers throughout
throughout the the Iihgatlon
Iihgatlon Reg;:;lrdless.
Reg;:;;rdless. on on August
August 9, 9,
2007
2007 Judge
Judge Jacqueline
Jacqueline Connor
Connor -- best best known
known forfor derailing
derailing the the Rampart
Rampart trialtrial in
in 2000
2000 -
held
held aa summary
summary Judgment
Judgment heaflng,
hearing, and and rendered
rendered summary
summary Judgment
JUdgment in in favor
favor of of
Samaan
Samaan Zernik Zernik waswas required
required to to sell
sell the
the property
property to to Samaan
Samann for for over
over $1.8
$1.8 nul lion
Illlilion
However,
However. to to this
this date,
date, that
that judgment
judgment has has never
never been
been entered
entered •Judge
•Judge Conno,"
Connol' and and
Samaans
Samaans counsel
counsel (Sheppard
(Sheppard MUllin)
MUllin) engaged
engaged in in aa convoluted
convoluted fraud fraud regarding
regarding the the entry
entry
of
of the
the Judgment
Judgment Therefore,
Therefore. therethere waswas never
never aa valid
valid effectual judgment In
effectual judgment In this
this case"
case" A A
case
case with
with no
no Judgment
Judgment leaves
leaves Zernik
Zernik exposed
exposed to to unending
unending litigation
litigation
"f1ad
"f1ad there fJeon aa vatid
tflere /Jeen valid entered Judgment" claims
enteredJudgment" claims Zemik
Zernlk -It
"It would
would have been th~
have been the
foundation
foundation ofof Pasternak's appointment" Instead,
Pasternak's appointment" Instead, court
court transcnpts
transcnpts show
show that
that while
while
claiming
claiming to
to appoint
appoint Pasternak
Pasternak Receiver
Receiver for for execution
execution of of the
the judgmenl.
judgment, neither
neither Judge
Judge
Segal
Segal nor
nor counsel
counsel for
for Samaan
Samaan recognized
recognized the the judgment
judgment as as vaIJd Accordingl~{, the
vahd. Accordingly, the
Judgment
Judgment was was never
never referenced
referenced as as the
the legal
legal baSIS
baSIS for
for the
the appointment.
appointment neither
neither was
was any
any
section
section of
of the
the code
code "Ju(ige
"Ju(ige Segat
Segal and
and Samaan's
Samaan's counsc!,
counsel. in in collUSion
coliUSlon with
with Pasternak.
Pasternak.
Issued. but
Issued. but never entered, aa fraudulent
never entered, fraudulent 3ppo,ntmf}nl order, says
appolntmenl order", says Zcrnik
Zernik "flad thue !Jeun
"had ','HJC beun
aa valid
valid jUrJgmcnt all,! <Jil valid
ju,Jgment an(! valJd appointment
appointment. Pasternak
Pasternak would
would Ilave Issued aa Wnlof
Ilave Issued Wnt of
Execulion,
Execution. andand willI
Wiltl ttlal.
If/at, he1m could
could have filed aa genuine
have filed genuine grant
gran! deecJ,
deecJ. IInc!
IInc! had
!lad NilS been ail
NilS IJocn
legilimate
legitimate franslof
transfer of
of title
II/Ie by
by the
the court.
court. Pasternak
Pasternak wouldwould have
have given
given me
me the
tile money
money no no
later
later than
than 30
30 days
days from the the date
date ofof the
the sale,
sale, as roqurred by
as roqurred by taw'
law'.
Zernlk tlad moved oullnOUI In November
November 2007.
2007. asas was
was hiS
his plan
plan ever
ever since
since 2004,
2004, but
but also
also
under threat of use of of force by
by Judge
Judge Segal
Segal and
and David
David Pasternak
Pasternak Samaan
Samaan be9anbe9an
occupying the Zernlk's residence
residence tnin December
December 20072007 later.
later. Zernik
Zernik fO'Jnd
fO'Jnd out
out that
that
Pasternak filed
filed a fraudulent
fraudulent grant
grant deed
deed transfernng
transfernng the
the ownership
ownership ofof property
property to to
Samaan James Wedlck, Wedick, aa veteran
veteran FBI
FBI agent
agent and
and acciaimed
acciaimed fraud
fraud elCpert
elCpert (best
(best known
known
for hiS role In
in the
the probe
probe where SIX members
where SIX members of of Congress
Congress were
were found
found gUilty
gUilty of
of taking
takIng
bribes in 1981),
bnbes 1981), confirmed
confirmed thethe fraud
fraud inin the
the execution
execution of
of the
the grant
grant deed
deed byby DaYI::!
David
Pasternak.
Pasternak. purportedly
purportedly on on behalf
behalf of
of the
the LA
LA Superior
Superior Court,
Court.
In late January 2008.
2008, since he had not received
received any proceeds from tho purported
purported
escrow, Zernik brought a motion for the court to distribute to hIm
him his equity which
purportedly was held by Pasternak following the sale of the property to Samaan,
Samaan. Judge
Judge
-58-
motlOI" again or
Friedman denied the motion and instructed Zernik never to brtng such motlo"
sanctions.
face sanctions
In court papers Zernlk claims that the elaborate court fraud In this case was based on
fraudulent records produced by Countrywide, where Samaan's husbanj was a "loan
originator" Indeed Countrywide has regularly appeared In thiS case - represented by Bryan
-Non-Partv' bUI
Cave, LLP In papers filed in court, Countrywide routinely referred to rtself as -NonParty'
the court Interchangeably designated Countrywide as "Plaintiff, 'Defendant 'Interveno(
'Cross-Defendant and more, more. "Frauel in court by Countlywide is not unusual at aIr
alt claims
Zermk "It was theirrautme
theirroutme all over Ihe US The only unique feature here was the collusioll
fdend SiJ'ldy
by tfle court Judge Friedtrl3nthleatcned to Jail me if I ask hiS fnend Sandy [Sanclor
[SanciaI' Samuels
fOlTT/erly Chiof LeUi'll
- fOlmerly TzerlaA] ilnylll1ng about
LeUal Officer of Countl'YWlde and President of Bel TzerlaAl
this fraud" Indeed a 72 page March 2008 opinion by US District Court in Texas Judge
Bohme rebuked Countrywide's legal practices In his court. and In court3 around :he U S
Since July 2008, Countf'/Wide no longer exists as an Independent entltl entlt;. Control of
Countrywide IS now by Bank of Arnenca, following
follOWing a January 2008 stock market crash of the
Countrywide share. prompted by exposure of Its legal practices in a Pennsylvania court
"VVliat took place in tllc PennsylvamB
Pennsylvanra court is il child's plilY
play If) companson'
compadson' says Zemik, 'And
it1/ IS not clear at all flwt Bank of Amencil even knov/s what Countrywide
Countlywide is dOlilg in Los
Angeles, even toelay" At present, Bryan Cave, LLP refuses to disclose whom they represent.
'Judgo Fn'odmanlssued a fraudulent notice for a November 21.
"Judgo Terry Fn'odmallisslied 21, 2008 proceedmg
Counllywldes paltlc/pation
where he concealed COllntrywldes palilc/palion This no exception" says Zernlk ",JucJ~K'
ThiS is 110 ",JucJ~f{?
Connor jusl tile
COil nor and Judge Segal d/(I just the same Ihere IS IS no way to ex.plail;
explail; tfJis as a tnrc
Inlo COliit
have an asslgnnJCllt
"000$ Terry Friedman, Ilave
caso' says Zermk "000$ assIgnment older?
order? Docs he have any
DUlhonty in the case Dt al!';'
Duthonty al!') And for /flat malter, did Judge Segal have an al1 assIgnment Older?
Did Judge Connor have one? Was tile November 21, 2008 notice. notice, ISS,
ISS, led In tlie
the name of
Clerk Clarke an authentic Supenor Court notice? Is tile case as a wllole, whole, a true case or the
Courl system? How is tile
California SuperIor COUll the court allowed to deny roo for the fOll/1h fourth yoar ill
a row acee:;,., to my own litigation recorrls? How could 5amaan file popers fOI for tile
hearing, be designated "PaS/-Judgment Mution", whellneither
November 21 hearing. wl1elll1either she nor the
court have ever acknowledged the August 9, 2007 judgment·) judgment') The Presiding judge of
the Court, the
tile Ihe Clerk of the LA Superior Court, their in-house attomeysaltomeys and the outside
relained arc refusing to answer any questions regarding this case for Ilalf a
counsel they retained
counseltlley
/lOW. The court is taking the Fifth, "Indeed, both the Register of Actions, and also
year flOW.
the online Case Summary indicate that judgrnent in this case IS stili sllli pending
/5 all Enterprise-lrack
"In fact. it IS Enterprise-Irack case' It reflects
case" says Zernik • If reneets conuptloll
conupt,oil ofilia
ofttlO cloIiI dIVision of
CIVr! dIVISion
Supedor Court that is
LA Supenor mirror image of convpllon
is tile mi/Tor convptlOI1 of the cnminal (!lViSIGII
C!fViSIOIl clocuroonled
rloGlI/oonled /f
great detail In tile I~ampart scandalllJvesligatlOns. How coule!
file I'{ampart could anytxxlv
anytxx1v expecl
expect anytlung else';
It is tile same jUdges after ail. Indeed, !h3 protagonist - Jacqueline Connor ._. is o~e and
ail ""Indeed,
the same in both cases The Blue Ribbon Report of the Rampart sca'ldal sca"dal (July 20(6)
showed that those who were confimled innocent in the InItial Initial Rampar~ scandal Investigation
by the Board of Inquiry (1998-2000) but had been falsely convicted and impnsoned by the
LA Superior Court, were still falsely Imprisoned in 2006. 2006, Most likely th9Y number In the
thousands, and some of them also had confeSSions extracted througll througil torture Such crimE's
were called "helllous', -clJaractenstic ofUle
-hefllous', and ·clJaraclenstic oft/Ie most repressive dletMars and pollee
states"'" But the 2006 report described in great details that thal LAPD. DA prosecutors, and LA
Superior Court Judges were blocking the release of the victims of such cnmes fOI" almost a
decade
County Supenor
"The LA Counly Supen'or Court is still holdJlJg thousands of people falsely I/npnsoned
J/npnsoned
concludes Zernik "Most of them are likely to be btack and minonties II It undermfl1es
undelmflles any
claim of legitimacy by government in fllis country. Tho new admmistration
admlrlistration must not tet
leI
this stand r
-59-
>'CO] NOTFS
FO)1N01TS
CountrywIde
CountrywIde here ~:(C denotes
denotes CountrywIde
(ountryv/10t' Financial
Financial Corporation.
Corporallon. Inc.
Inc. and any and all
and any lIS SUOSldl3flCS
all!iS (inti
svosldtapC's <lela
affiliates.
affiliates, 100ntly
JOIntly and/or
and/or severally
severally
All
1\11 rderenced
leferenced malenals,
maJenals, mcluding
mcludlng CQurt
court records
records andand correspondence
correspondence "nth
~nth FBI and US 00.1
FBI and C~n tJe
OOJ can tJc
(':IU~I(j <I,
four,d <It hlll'illrlprcp.-:nnlacOID!
hUll /!lnprcI:>t:nnla COlD! Llsled
Listed Below
Belo\N are some of
are some of the
the speerfic
speCIfic key
key references
references
[,,\"/((1 Cherl1Cw1sr.'y
[(\'11(1 Chen1cnr1sr.'y loday
loday Dean.
Dean. lTYlfj(' L':'l\N 3cho<)1,
lrvlfK L':'l\N 5/ Gwld
In 5/
3cho<)1, In Gwld Pract
Prac! 121.
12 r. 2000
2000
f{H·U,TNCFS
1',H·\,r,TNCES
tlHR {02}PlQf!~I!~!b:Ly9rn/'p~
QjtR {0_i:}p.!Q1-:'~[I~!bLY_?l!2fPJ} J..L]q-qt!~~~_!i~f.~~:19_--prg:~lQ!.rJ:9-jLld~
-lL)q·qt!~~~_!i~f.~~-19_--prg:~l(hrJ:g-jLld~ Y!QLr;'.~l!Q;
y!~k·.!iJ-!~:t Novemt)l:f
Novemt)l:f 30 3CJ 2U02
L0tter
L0tter by by defendanl lernlh tc
rj(;fendanl ZPrrllr, te Prcsldtnq
FrCSldtnq .Judge.Judge Cluleger
Cluleger and
and CIeri<.
CIeri<. Clarke
Clarke of of LA
LA Superior COlli t
iI t~_itR
iI t~_itR Ifmp1opellllla.co~l!!!:07
Ifmpfopeflllia.C2rni07·12·17 ·12·1 7' 0pUllon-letter -tra~&!!lilran\-deeds,s_R1J
0pH1lon-lette(-tra~&!!lilral1\-deeas·s P.QJ \VedIO(s
\VedlO\ S uplnlon 1(:1{c fC' re'
?aslemak's
?aslemak's Grant Grilnt Deed
Deed
3)3) ~ltD)linpropefinla
~ltD)linpropennla cornl04 com104·09 ·09007 7·oprrllon·letter ·fraud·ln·pregualjf§'i'm·let(~.l'ill Melst"r's
-oLillllon·letter·lrau(Hn·pregual,r.!i;_a,orl-lett(~_l'ill MClst"r's OpIl'IOf!
OpIl'IOf'
!eiler inin re
!eller re Salllaan's
Samaan's pre·qualificationlelter
pre·qual,f1caliol1lelter
4!
4) hHp limproperinl~ wrnl04·09
hHp lirnproperinla ·27,op'(lIon-leller· fraud,tn·loan ·appllcations ,slgna l",e·5.1~ M,,"k
coml04-09·27,opl(1I0n-lelter-!raud·tn-loan·appltcations-sIQnallJfe'5_1~ M""il'rr s
opinion leller
opinion letter in
III re
re signatures
s'gnatures on on Sarnaan's
Sarnaan's loan loan applications
appllcalions with
WIth Countrywide
t)i tillD l/lnDrOI?ennla.com/04~09-2;-di)c-4U·samaan-~ffiudule~1~-loa.Hlvj)licaillJns-s
C)i tillD l/lnDrorennla.com/04~09-2;-di)c-4U·samaa;1-~niudule:'1:·loa:r·apiJlicaillJns-s PQJ
DQJ Uetalli:d
Uetalk-d Ie II(;\'.
11(;\',
of
of frauos
frauos in in Samaan's
Samaan's loan loan applications
applications with with Countrywide
Countrywide in in records filed In U.S Dlslnct COlin
U,S D,slncl C~lIr1
6 J ~'ltl>../Lil!pl2llennla.com{~.J,Q.l§:9P!!,iOldg!1.er,colJnt!,/wide.uf)(j'''.~:IeJl''i:Q9:;'I'j.~
6) ~'JJll...0.'!P~ ennl a. com{~.J_Q..1§.-9P!.niorl,jg!l..er -tounliY''1idecurv:1f)JWflliDg:!ejt".r.:Q9 ,;'I'; .~ pdt pd t
Meister's
Meister's opinionopinion leIter
leller in
In re
re fraud
fraud It1rn Countrywide's
Countrywide's underwriting
undcfWflling leller
leller
7)
7 J t1ap./fmpropennla
Il:tpJfmpropennla comI04.. comI04.. 1O-25-<1oc-<\~·CfJ~l/de·fraud.cont!ad·rQ£.QI<iQQ.f
1O-25-<1oc-<\5-C9~J1deJr au<1s.ontr aCH"'i0J<iJ&f LJ S O,,;tr,C( O,,;lr,:J Cow:
(:0\11'
filing
[,lIng aescnbing
aescnbing the the fraud
fraud In In Countrywide's
Countrywide's rcal real estate
estate contract
contract record.
record.
B\ htlp:l/lt1propennla,wml04·l0-26-<1oc·44counltyWlde·tr~!!9·underwritlng·lel!!,.fQS1J
8'1 lillP~rOClennla,wml04, lO-26-<1oc-44counltyWlde·tr~u<l·underwritlng·let!!,.rQS1J U S S Dlstnci
(),stnci
Court
Court filing
filing describmg
desmbmg the the fraud
fraud In In Countrywldes
Countrywide S underwriting
underwritrng le«er
leMer
9) tillQ)f1nproperinJacomI07
9) tillQ,iflnpropeflfJJa.comI07·Oa-D9'ludgmenl&order·granltngsumm;lfy·/udgrnenl·5
·Oa.Q9-ludgmenl&order-qranhng summ;lfy-tu<lgrnenl'5 pdf Augusl llllYllsl 'u'J
2007
2007 Judgment
Judgment by by Juoge
Judge Connol.
Connor, rendered
rendered but bul never
never entered.
entered, andand aa correspondln9
correspondm9 orlel or:b thJ:IhJ:
served
served as as the
the basis
basis forfor the fraud by
the fraud by the
the couri
court
10\ b1!p
10\ b1'P l"nproperinla\Xl'I)/08·0908·congressional.asslslanc~
",nproperinlaWII1/080908-c0l1gressional.asslstanc~ sodl sodf CorreSPOMeno::
CorreSPoMeno:: w,(h w,th fBIFfll and
ond
UUS. Dept of
S Dept of Justice.
Justice.
htlpllinpropellnla.comI08,05..:Q.:J.:95'Il"l.t_'9!.:¥sess,book·o[:Jl!Qgrnen!:Rrncc:~ll~rs.:"Q(fi
11) hllp·llinpropellnla.cQmi08·®·03·d§nlaL",!·acC'.€ss·book·o.l:Jl!i!grnen!:Jl:rncc:~I~rs.~
11) £<if
Presiding Judge's
PreSiding Judge's refusal
refusal to to answer
answer regarding
regarding eXistence
eXistence of JUdgment In tn (Sanman v leln''!.lerr",;
12) hltp·/I,QQl:Ql1,?Dnla.<;QrnJOO
12) OOQQ.,la·';lIpsl-r"!l,ster ·01:.aclI9J}'L~uslaJnQ1LLLL4..certl(!fl;l:s•.0<:!f
hllp 'I!,QQI:Ql1,?Dnla<;Ql}]!OD OO·OQ.,la:§op~l·register,01:.actI9J}§:Siuslaln·Q1LLLL4.. certl(!f';1:5_.0<:!f
November
November 14, 2008 Register
14,2008 Reg,ster of of (",.:lIons
",Gt,ons In Sarnaan v Zem,k (SC081400)
In Samaan
13) till.l?:Jilnp~nnla
13) till.l?:Jilnp~nnlacorn/OB·l t}Q";ils_e_·s"nlln~ry~..lli!f November 30.2008 CasE:
com/OB-l lcJQ.c'!s.""slIf"(fl§"'Y:>.ill1f Case SUlnrndlj
S",nmdry Itl "'
Samaan
Sarnaan vv Zemlk Zemlk (SC087400)
(SC087400i
!illl2.!fu:lprQQerinld.GOrn/OO-OO·OOr;Jlllil3r1J>l\if:@QQf1.feview-pantL.?.Qp,f:; r<:>po'1l'.<11
j 4) tillQ!fu:rprQQerinld.com/OO·OO·OO·rampan·b(\'f:@QQn·review·panel'?.QP.§
14) r!:'pQ'.U.><!l BllJe f<lboon
81lJC f<rbbon
Report of
Reporl of 200G.
200G, describing
describillg tt", Idolure til
tt", failure release Ihose
III release 11103e falsely
fal>ely Impl;son"rj
,mprisonprj in L.A, COLI Illy a~,
LA County ~" part uf (If
the Rampari
the Rampan scarxfalscal1dal
CONT/\CT
CONT/I,CT
Dr Joseph
Dr Joseph lernlK
lelf1lK
Tel 310435-9107
Tel 310435-9107
emali jL12345@ea1IillOknet
Fmarl jL12345@ea1idll1knet
-60-
Joseph Zem'ik
Joseph Zem'ik DMD
DMDPhD
PhD
1(01)9980917
fa, 1(01)
fa, 9980917 F,rn,,:1
F,rn,,:1 jl12345@carthlinl<
jZ12345@carthlinl< nr.:
nr.:
"" Judge
Judge shall
shallbe
be faithful
faithful to
to the
the law",
law", ""
GillCode
Gill JlIdEI1vc.
CodeJlId EI1vc.38{2}
38{2}
"The
"The rule
rUle of
oflaw
law must
must never
never be
be confused
confused with
with tyranny
tyranny ofth.1
ofth.1 courts"
courts"
Aoonymous
AflOnymous
Alejandro Mayorkas
Alejandro Mayorkas -- 0' 0' I\-Iclvcn) Mycn,
I\-Iclvcn) && Mycr~,
Former II.S.
Former Attllrnc~.lind
II,S. Attorne~. lind BOllnl
Board Memher
MClllhcr of
of Bet
Bl.'t Tzedek
Tzcdck
AlIl\1ilchcli
All Kamin, Prcsid('nt
Mitchell Kamin, Prcsid('nl
r lhi /Ie-Jek
1)1' lJt:i
[-or II< 'liS,'
J'c:"Jd, II< < ,/.II/,\liel'
'liS,' <4.111,\liec
.John Fishel
.John Fishel
r~·w
Filr J)uuu!
J)u:..ud u!)irc(·(ur\.
u! j)irC('fu!'\. )t...'H;.,!J f'edcr...tlitjl1 (~(/O\
J/...'H;.,h f'edcr...tlitjl1 /'n,~:t'/l'~'
(j(rU\ /In,~:t'/l'~'
Br) an
BI') Ca\'(', IJ
all Ca\'(', LLI'
,I'
h!l'SUlldol'
I-r!l' .\'IIIJo/' Sol/I/IL'!.\, .. 11(~,'i(, A
SOI//IId\, ..II/g,'!" ,lln:/I", 'OUIlIITII'i,!c II,
to:;i!!), (('UI/IlIITlli,/c nJlIl,' [,OUI/.\.
Jl/it' 1,0UI/.\, fillalldal (( 'u/fI'
'0 III/In 'H'iJ, Fillollda/
(('O/li/I':I'It'IJ, irO! iOIl
'Ut/II/I'UJ/OII
Buchalter :\emer
Buchalter ,",cnwr
[-01' .I luI''' I'"s,.,!!""
!-o/' A/artl {-'s''I'!'''. "" \IIh.\ij/(fn uf (J!d
\IIh.\/'//(/':I of N''1'/{hlic lille
(J!d f(''I'/lMIC liile
Cummings, Mc('!orc)',
Cummings, Mc('!orc), Davis. Davis, Acho Acho and and AsslJciatc..s.
Associalc.s, D, D. Bret Bianco
F,,/' I.u\ :lngc'!c's
Ful'!.o\ "lngl'/l's S'lIlle'''illl' ('"wi, I'residing
SIII"'I';u/' ('!)wI, ,hdF.I' Stc'{'Iil'1/
Presidill,\; .lIIJr,l' ('::/{!I'ga, ('l,'I'k .lohn
Stephcl/ (':;I/!cga, ( '/d."k,', .!wit:"s,
John ('!c/!'k,', .!/Lit:"s . ./oc"/{,"'/in,'
./uC'[!I!l'/in,'
./,,1711 .'leg,,!.
('1J1l1I""', .John
CUllIliI!', Jon hlcdllJan
Scg!ll, lon (Jerald Roxcnh"rg,
/-i'[t.'dIlJClII. (Jerald ,~, A
R"X,'llhl·rg. ,\,: Af)f(
f)f(
Dan Loritz,
Dall Lorill, Okurn-Lol'it7,
O!;,urn-Lol'it7, LLI'
LLI'
!'i)I' I.'S( ('I"'dll
FIJI' IIS( ( Ilioll.
('r."lil (nlon, Per.::=. /'residelll'(
(iWT /'er.::::,
GWT 'FO
PI'esidelll '( 'fXJ
Pastcrnak. I';lsternah..
Pasternak. ('llsterna", I'atton
Fol' I)u\'id
For IJu\'id l'wlt'I'I/U!:.
J'Wh'I'IIO/:.
Ikuckn, Mayor,
Barry Bl'ucker, !\layor, and City Council oflkverly llill~
of Ik\wly IIHb
For llit'
Fol' Ihl' ('ill'
('il\' o{He'vall' fills
o{Hl'verll' ,/ Ii/II
TIME
IHH: IS
IS OF
OF THE
THE F:SSf.!'ICf.!
F:SSf.!'ICf.!
RESPONSE
RESPONSE RE()tJESTED
REQU ESTED BYBY 5:00PM
5:00PM FRIDAY,
FRIDAY, DECEMBER
DECEM BER 5,
5, 2008!
2008!
RE: 1)
({E: I) Fraudulent
Fraudulent con\,cyallc{'
conveyttllc(' oflitle
oUitle and
and real estate fraud
real estate fraud on
on real commonly known
property commonly
real property known a~; a~; 320
320
South Peck
South Peck Drive,
Drive, Beverly
Beverly Hills,
Hills, California, 90212, 2)
California, 90212, Samaull vvZemik
2) Samaull Zemik (SC0894()1'J)
(.'.,·C()8940i?) fraudulent
fraudulent
litigation
litigation at the Los
at thc Los Angeles
Angeles Superior
Superior Court
Court ortlle
of the State
State of California, 3)
of California, 3) Racketeering
Racketeering in till: L()~
in till: Los
-61-
• Page 217 November 28,2008
I receiv.:d
receivd death tlm:ats
thn:ats <t l'ouple (,ftime. fvlareh 2007 .. whell
oftirne. the tirst in I\'lareh when I located
loeated <Ia !()rllllT
!()rmu senior underwriter of
of
l'oluHrywide ill
ill 1\'1arch 2007.
2007, which Countrywide did not want wan! me 10 CV"Cf' !ocate".
to CV'Cf' locate...
Why'.'
By Novcmber-lkcemhcr
Novcmher-Ikccmbcr 2006 I tiguredligured out the nature of the conduct ofSheppard Mullin, rcrrcscntiog
representing Nivle
Nivlc
Samaan. sutticicll!ly well. to understand thaI they wen:
suHieiently well, were fabricating fmuJulcm
fmuJulcnt claims again:'l
again:;l me.
inC. In co:lusion with
.Judge Jacqueline Connor <mJ tirelessly toi ling to defraud ITI<:' out of my home under
<md Countrywide they were tin:lcssly
guisc of legal action in the Los Ant:eles
the guise Ang<:les Supel10r Couri.
Court.
-62-
•• Page
Page 3[7
:J!7 Novemtx~[ :'0, 2008
I had
hJU no hackground
hJckground and ,md no I(.llmal
!llll11:11 tr<unin,;
lI·alllin>; in the IJw,
law, cconomic",
cconomico, banking or mortgage lending, knJing, and verby \c'l bv
JatlllaQ1illll. I i1gured out the business
JanllaQ1illl], busi ness model ofCountrywidc
of Countrywide and the thc nature orAn~do
of An~l'lo Mozilo
Muzikl aCIdalll! Sandor
Samucb'
Samueb' tl'aucluknt
tl'auduknt conduct sufticiently well that II filed Ii led complain!>
complaint, with t!k;
tIK: FBI. mlei then db"
FB I. mid ,,·ith B'lIlkin~,
aI" I Il'ith Bill1k in~,
Rcgu!alLlr, such as Office of rhril1 Supervision
()f1ice ofThril1 Supcrvi,iol1 and Officc ofh~(kr;11 Tr<lr!c
Ofllcc or!'cckral Tr(l<k Conllnls:,ion,
ConllnJs:,i"n II c1aimcd
cl.iimcd that
COllDtrY\\IJc Ila~ in\olvcd inmiJs~ive
\,a~ in\nlved in ll1iJ,~ive fraud
Iraud agaill'.t l:.~. Govcrnment
agaill<,( the Ii,S. Ciovcrnmenl and the AnJcIKclntax-pa~er.
tlK !\tIIeIlC,tI1 tilx-pa,cr.
By Marcll 20011 was ,It'k
ill'k 10 comc lip with
\,itl' initial mugll cstilll:llCS.
cSlilllill,'S, Ilhicil
"hidl imJicall:d
imJicUl<:d pot"nlialliahili:,y
r.ot"'ltialliahil,.y to t,) thc
the I: S
I :,S
t ;OVL'fnmcnt
;ovanmcnt in thethc hundred, of billi()n~ 01 dollars (ill
(in rctro,pect
rctro,!XYI -. a conservativc <.:,lilllak~ l. II ,tlso
cllnservativc estimat,c ,lIso II
\\ rotc a series
,erics of
open kIter, to 11K: Board
opcnlctter, Boaru of Dircctor;;
Direcloh of the IltJUSC
oflhe IltJlN; ufJlbtice Tlede!':. II wam..:d
UfJlbticc - Bet Tzcdck, wamed themthel1l that an ,xganiratio[1
,xgani/ation
thai purport',
purporh to In hc
hc' thc
lhe "I lome l,(Justice"
"flume l'fJusticc" lllust
must never allow
allo\> Sandor Samuels to he be the I'residclll ufilS
I'residcnt (If its Board of
Director"
Director,. II \Iamcd IIlclll that he I\'as
I\amcd litem ,\"iJS pcrsunally
personally jll\'olved
jll\'olvcd in fraud
frauu against me, and that thaI lens (II thOll~,lfld~
lellS ut th(l(J~and~ uf
(If
fill11ilic~
lilfllilie, \\01i1c1loose
W0111c\ loose thclr
Ihclr homcs iL'> a result ofhi~
!Jomcs iL, of hi~ business activities
aeti\ ities (in
(ill retrospect
n:trospn'! a conservative
conscnat i\e estimate). [kt [leI
r/ede~
r/elk~ Hoard of or- Directors ncver
IIcvcr respont!.:d
responckd to my alarming
alanning messages.
messages, But Bill Countrywide,
Count,: wide, Sandor Samuels. Samuels, zlI,d~lfld
Angelo Mozilo did. did, They
The)' retained Bryan Cavc, Cave, LLP, to harass me, to t(l retaliate again;;tllle,
againslll1e, to 10 intimidate
imimidate m<:,
n1<.', and
In
to supervi,e
supcrvi,e the Ihe rervt:r,ion
rcrvcr,ion ol'justiee
of justice under the guise of litigation in tllC Ille [.OS
Los:\;\ ngeles
ngdes Superior ('OUII.
(·(Hill.
()n
()11 Julv
Ju" ().
(J, 2007 such c:Hnp:lign wilh an e~ parte arpearaneL'
carnp:lign was initiated with arpearam:c , Il)r
tl)r a,1 gag order
ordn againstlllc III the dar~
ilgalllSt mc in dMk
courtroom of Judge Jaequelinc
Jacqueline Connor, II ho remallleJ
,~ho remained in chambers - llllwherc
nuwhere to be scell
seCil - \\ ilh
ith no rc<.:ognii'llblr:
rccol,!ni,jJble
cierI.. of the coun III
c1crh. IIJ attendancc.
attendance,
By mid- 2007 and more so S0 by the 1K:~illJ1jtlg
1K:~illnjtlg ol2(lOQ lligllred
lligured out the Ihc businc:,:,
businc,~ model nlthe' Los Angeles
ol'thl' Lo, Angell"
Superior COUl1 sutlicielltly
slltlicielltly well thaI II understood that Suml/e/lll'\' Zcmik
tllat Suml/e/ll fSCOSc.jl)()j. in fact
Zcrnik f.'iCOS7.JOO). 1~1Ct never vIas
'\ilS ita truc
true
elSe
ClSe of the Superior (:oUr!
Court of tile State of ('alifl)mia.
Calitl1mia, bUI
but instead,
ins lead, a cas<:
1:;1:>l: of the
Ihe "Entc/'prisc
"Enterprise Tnlck"
Tnll'k" of thcthe l.ns
Los
Angcle,
Angele, County judiciary. designated
dcsignated a, SUdl
Slidl by Judge Jacqueline Connor even hct(I[C bdlJrc till' ClJl1lplaint
Cl)ll)plaint was filed,
filed.
1gr..l\lually
1 gr..lt1l1ally learned morc aoolll
aboll! Sustain.
Sustain, the I.os
I,os .'\ngeles
.'\ngelcs Superior Coun'
COUll'Ss computer system, realizing that tilat such
s)stcrn was quintcssenlial1\Jr the operations
sJstem opcrJtions of thetile Entcrrrise
Enterrrise in the 1\lrm
t\lrm it is manill'stcd
manill'sted toJay.111is system was
procured alld and installed
installcd around 1985. out
oul ol'col11pliance
or'compliance and in violation of the law, b)
afllte by a company by the tlte ,alllC
,al1lC or
similar name (Sustain
(Sustllin or Sust.'lined), which is solely controlled by Ihe the Ihily ,Journal.
.Journal, the largest legal newsraf'cr
Icgalncwsrilpcr
ill
III Los Angles.
Angles, a fact that is apparently
arpar.:ntly unrecognizeJ
umecognizeJ illlhe ill the legal community.
community, Around tilt: tile same tirnc.
tirlle. the
Honorable ROllllld
HOIlllld George,
(;('orge, today Chief ltLstiee
lllslic..: 01
of the
tile Calif\1mia
Callt<1nlia SuprcJllL' ('ourt, hl'ld \'ari()u~
SuprelllL' ('our!, \'iHi()u~ leadership
P(J~lli(lns
posilions in the Los LIl~ Angeles
i\llgde~ Superior C01ll1.
("ulili.
B, Beyond
BC\ond Real Estate FnllJds
Frauds - the ICim[lart
lumnar1 Scandal
SClindal
In recent months.lI tried to better understand the scope of operations of
rl'cl'1l1 months, tile Enterprise beyond rca,
ortbe rca cslatc
estate and
other litigation
litigatilln !i'auds,
jj'auds, and the unique position of Judge Jacquelinc
ofJlldge Jacqucline Connor relative to organized crime in Los
:\ngek",
:\ngelc, I studied the lite history lIt
<'t the
thc Rampart
H.amJl:lr1 scandal (1998-2000), euphemistically named the Rampart-Area
Corruption Incident. The Bluc B1uc Ribbon Rcvie\\
Rcvic\\ Panel repon report (July 200(j).
200(j), makes it ahunda11lly
ahllndill1lly clear that the
,ICII\'llies
ilctl\'ltics charaCleristic
dliiTaClcri.,lic oftllat
or llml scandal
,cilrlual were never
nc\'er lil11ih.'d
limilL'tJ 10to the
Ihe Rarnparl area, and Iler,~
Rampart area. \\el'~ and probably still
slill arc
endemic, not ;In i,olalL'd
IlPI ;m i,olatl'd incident
in.::idclll at
ai all.
r'urtllcnnorc, [s(IOn
['lIrlhennorc, (,,'on r<:ali/cd
reali/cd Ilhat tile main goalll'il.'.
,\hatlhe goal lVii', of the authors l)f
ofth.: 1)1' that repOr1: First - tll docuHlent
repor1: FiN· document what thc:,
the:,
called thelite ",mlJw/t
".I"lilnult o( cri/l1inali~1' (o/eratcd
o(cri/llinali~r (olera/cd i/1 il//lte rallk~"
(he rem lis" offhe
of the tI A County justice system and second, second. to
doeumcll! hOlI
documenl 11m, slli:hjustic<' Pf\?\ t'J1!ing the rcl<~,lse
such justiCe' system is preventing rclea.>c Irom
from long tenl!tenn false imprisonment
imprisonmcnt ufthe rhOllsanJs
urthe 11l0llsands
or people.
of rcoplc-, \1\\ ho were
\\ere rcpeatedly confimled by hy "ever,11
sevcr,11 successive comlTlitt,~cs as innocent hUl
succL'Ssivc investigation cOlTIlTlitt,:cs hut fr:UT1\:d,
IrillTh:d.
Evcll today, len
1-:1'<:11 tL'n )1:3rS
years after the scandalll'as
,candal WilS e,\.posed,
e'.\posed. nobody knowsh.nows the
tile exact scope of it.
Erwin Chemerinsky,
Chelllerinsky, today FOlU1ding
FOtUlding Dean, Irvine l.aw School, described it already in :}(){)() as flJ!lO\\S:
Irvinc Law IlJllo\\s:
'Any
.Any analysis
analySIS of the Rampart scandal must begin with an apprectiJ(lon [lelnOUs l1atu[l~
appreCiation of the tlelnous natu[l~
assoaated with the most repressive dictators and
of what the officers did This is conduct associated
police states ""
poilce
-63-
• Page 4fT November
November 28,
28, 2D08
2D08
or
or to
to Instigate
Instigate any
any meaningful
meaningful scrutH1Y
scrutH1Y of
of such
such appalling
appalling and
and repeateej
repeateej perverSions
perverSions (,f
(,f
Justice?"
Justice?"
C The court'~
court'~ case management
management system
system as
as the
the enabling tool of
enabling tool of the
the Enter[lrise.
Enter[lrise.
tvl\ n:aJlll;: llithe
(l!the Hille Ribhon
Ribbon Ee\ic\\ Palle! i"i" that
Ee\ic\\ Palle! th.: ran~1.
that th.: iik\: alllll\\:~tigation
ran~1. iikl: alllll\\:~tigation C(l!I11l\itre,'\
C\"'lIllitrc,'\ hll'l)rl'
hll'l)rl' if.if.
and li~e
like the: III LA
the public':H large III LA County,
County, we:re
were denied
denied (lece,s
access to to l1Ubiic
l1Ubiic recor<h
records that
that arl'
arl' thl'
thl' Boob
Boob ofCourh
ofCourh
ofl
oflA A C'\1UI11) Superior Courl. Such
SUt:h public Rct:ords, ar~
pubiic Rc(ords, ar~ critical
critit:al r(1r
f(1r thc
thc safq:,uJld
safq:,uJld ofof the
the intc:grit)
intc:grit) (,rthe:
<'rthe
courts, llowevcr, such Book of CourtCourt are since 1985
are since 1985 implemented
implemented in Sustain :lIld
in Sustain. :lIld off
off lilllib 10 th~
lilllib to th~ pubic
pubic· aa
rnas,,-scak routine ami continuous
continuous abuse
abuse ofof civil
civil righ!'>
righ!'> of
oralallI who
who live
live inin LA
LA County.
Cnunty, by by the [,,\ Co
the [.,\ CoLint)
Lint)
Court itself
itself. SUch abu,\: is lolemted
lolemted by
by tile
tllC U,S,
U,S, Department
Department ofJustice.
ot'Justice. who who fails 10 pl:rl<lrll1
fails 10 pcrl<lrln ih ih dU.i"",
dU·.ic\,
I als,)
also believe
belit:ve tllal
111al tile
til': lack.
lack. UrclCCCSS
UrdCCCSS to to such
such pulJlic records i,is aa l11<1il1
pulJlic records l11<1in handicap
handicap in in the
thc operation,
operations llfthe
llfthe ollice
ollicc of ofthe'
the'
(),crseer
(hers..:cr nf civil right, in I /\,
civil ngIH:' U,S Judge
/\, U.S Gary Fees",
Judge Gary Fees", appoll1le,j
appoIl1[e,1 pursuant
pursuant to tll the
tile Consent
Conscnt Decre\'
Deere..: ol':2110
o['2110 I,I, (\1y
(\1y
readin~
reading of til<.' report'
oftl1<.' rcport' \va:=-
\va::- that b) 20().j he
b) 2()(),\ \\;l'i try
he '\;l'i try ing.
ing. un"ucce"sfull)
lm"ucet:"sfull) to to estahllsh
t:stahllsh aeees" to SlIch
access 10 SlIch data
data hase",
hases. andand
his dCl1Iallds
dcl1I<Ulds iglmred
iglHJI'ed by the 1/\ County
tht: 1/\ Count} justice ;;)Sl<:m, t\ecdks~
justice system, t\ccdks~ tu to sa),
sa). II helieve
hclit:vl.: thJtthc
thJlthc (heGet:r,
O,cGel.:r, inin his
his ,<'vcn
~<,v~n
Veal'S
\'ears in oflil'C,
oflilT, IlCwr
IlC\l'1 frceel
flc,:c1 CI
e\ c:n one single per~on
one sinl;lc per~on of ofthe
the thousanlb
thousanlb IIIHl an: falsely
who an; falsel: impri"oned,
impri',0ned.
I'herdl)r~, the tai lurl' uf
I'herdllrc, the ll ji,S,
orthe .S, Departmcnt
Departmcnt or of justice
justice to
to cnlol'ce
enlorce the
the basic
basic civil
civil right Books ul
fi.lr Boob
right fiJI' COllrt that
01COllrt that arl'
an:
I'ubllc Ikcord,. free 1\11'
Public Ikcords. 1\11 the:
the public
public to tn inspcct
inspcct <Uld
<Uld to
to copy,
copy, also
also paints
paints U.S.
LJ ,S, law
law enforcement
enforcement agencics
agencies as
as il111xltent
il111xltent
in I1 ;\ ('olint) ,iIlL'C
,illl'C they cannot
canllot enforce
enforce the
the Consent
Consent Decree
Decree thaI
thaI \Ias
\Ias the outcome of
the outcome ofthethe yielding
yielding GfllC
orlle Citv
Citv uf
of
,1I thL
L,,\ III i.S, Government
the Il ;.S, Govcrnment in 2(JO 2(JO II
Thl' Pl\)IX1~;ed
Pl\)[xl~;ed ,lclion take-over ofcontrol oflhe IIj\
ofcontrol oflhe j\ County
County SU[1Cr1or
Superior Court's computeG by
Court's computeG by r'cdcl:{1 Agencies, i,i, aa
r'cdcl:{1 Agencies,
simple' t:.l'ik, It ml,
relatively .,il11pk· ml'i prdcticed repe<ltcdly in
practiced repe<llcdly recenll1lontlt'i 111lytirnc
in rcccnll1lonllt'i the U.S.
,lilY time the U,S, Govenllnenltook
Govcnllnentlook O,er over any
any major
major
1;lilin~
'ililing linilnci~1
finilnci~1 institution, Surely there
t1.:re are unit; [illl)
are unit; filii) prepun'xi
prepan'xi inin Department
Department of the Tre.:1.sury.
orthe Tre.:1.sury. [t[t isis an
an or::ration
or::ration that
that
can Ix;be accompli:=-llcJ
accomplished o\emigill. ,at minimal
o\cmighl.,"at minimal ris"
risk and cost. and
and cost. and with
with major
major posilivc
posilive impact
impact on the Iill'
on th..: lili.' of'individual
ofindi\idual anJanJ
nile (11' 1,,\\ in 1.:\
the Illlt: COllilt:
1,:\ COllil!:
D. Unanswered Ouestion,
I) L4 Superior ('ourt
have lx:en denied accc~s
II havc acce~s to fIly
fIly own
own litigation
litigation rccords
records in in Sustain throughout this
SustainthrLlllghollt this purported
purported litigation,
litigation, and
and IIhold
hold
re!i.l~ing
rc!llsing to anSIR'r the simplest qucstions:
qucstions:
hh then'
theft' or
or isn'l
isn'l thlTe
thne aa jUdge jUdge duly
duly assigned
assigned to Sam<lolll "" Zernik
to Sam<lolll Zernik '~'~
.f1l,1:>:<, Tcrry
.f1l,1:>:(' Tcrry f"l'icdmoll
!"ricdmoll sid/ sid/ holdl
hol<!l rherht' file,
file, ,1IId ,:olllinws hi,\
(1IId .:oll/inllt!s his rack,'lecrillg./t'o/J!
mck"I/:CI'illg./t'ol!! Ih,' /Ji,' i','I!c'!!
i'e'lId!
}! iHartill
?! Nerg ~~ Dai/~'
A1arlin Nag Dai/~' Joumal,
Joumal. Iilld
Iilld ROllald
ROllald George
George -- Chief
ChiefJustice
Justice ofthe CaJijfJTIlia Supreme
oftlce CaJijfJTIlia Supreme Court
Court
Mr
Mr Martin
Martin IIerg,
IIerg, l:ditor
l:ditor of the Daily
of the Daily Journal.
Journal. and
and the
the Honorable
Honorable Ronald
Ronald George,
George, ClJidJuslice,
Chid justice. Cali'\mli:l
Cali'\mli:l
Supreme Court have failed to r~spond as well The questiol\s addn.:ssed
Supreme Court have failed to r~spond as well The questioilS addressed to them was and
to them was and is:
is:
•• What waslis your
\Vhat waslis your role
role inin the
the design,
design, insbillation,
insbillation, maintenance
maintenance of ofSustain
Sustain in LA Superior
in LA Superior Courf!
Court'!
•• Do you hold the operation of Sustain. as seen today, in compliance
Do you hold the operation of Sustain. as seen today, in compliance with the law? with the law?
•• Do
Do you
you consider
consider Ihat
Ihat IIII public
public disclosure
disclosure on
on )'our
)'our part
part in
in this
this matter
matter i'ii'i required?
required?
-64-
• Page 517 November 28 200<',
3)
3) CoufIlrvwit!c
COUlIlf)'Wil!C lind /Jail" ofAmericu a/America
i\t1ef th~
Aller c11ange of control in Count~,
the change wide. I e;;peeted
Coulltr-:,widL'.1 ('>..peeted that Bank of America Corporation would put PU! :In end to
~kllnCrul slory,
this ,kllneful ~t()ry, oCwhich
uCwhich I havc have infixmed
ill [l)nnc:J the board of Bank of America Corporation Inonlh~ in ad\ancc,
COf1xmltion IIlOlllh,) advance,
f 100v,'\(;r.
l(l\\,,'\(;r. cn:n
C\'l:ll after the change of cOillre!. Br~an Cave, LLP has (Ulltinucd
uf conlrpl. continued lil<:the ham'-;Illcnt.
ham'Slllcnt. jll,t
jllsl d' llSlIIl, And
it' U'lIJ!,
\ ci. in reccnt
rCccllt da>s
da\ s it11 !lao,
If,L' rdirscd answCf a vcry
rdirsed to answer:l \~ry simple-
simple question:
What is the identity
identit) of the pany represent by me in court in rl'cent recent month~?
('ol/llll11<'it/e', [I(IrA
('lilll/lI11<,itk', [I(IrA designulillli
Jniglluli(jll hm all afung illong net'!!
ht't'n Olle
(jilt' (flhe
(.,flhe ('ardii/u! ,\igiLI iI/illlilis
eardi!w! ,\igib dUll fhis
[uigulim! /r'liIJ ( '"ul/ln"
ftligulim/ 11'1/.1 Ir'lilJ ide cho,I,'lo
'''1I1/111'1! idl' he ('(/!ll'd
chos,' 10 hI' (,<,!led ",Vnn,l'urll"
":Von-I'urll" 1I1Ii/,' Ihl' ~'( JdI'I 1I.\,d
I!I" ~'('<lrr /lsed
fillrll' d,',I'iglTiitiOl!s dll
/'Urll' d,',I'lglTutiolls d/l jOllr 'Plaitllitt. JL'/cl/dal1l, !nItTI'ello/"
['!aitllilllI JL'/cIIl!al1l, (Jh;,xlor, Cle,
ftlItTl'etw/" (Jh;,;(/or, Clc.
RCf.:l/'d!css: Hrvall <'<' 'ave
Rt'gll·dlcss: Hrvul'/ fIll/sl knOll
'aI''' "111011 l'iplI'd Ihe I'n~(!ge!llCnl,
klllm who 1'lgllI'd I'n!<ugt'fllcnt, ,m'; ,!I"
H:lln is !,IH'illg Ihe
"nt/H:I/{)
hil/I
Iherelint.: also ask the following
IIlhcrelilll.: (rom Itll1k
follrll\ing Irom ibnk ofof Americd Corporation:
Would Bank of America Corporation en~ure that no funher ahus(' is (lerpdfllted
perpctnllcd ill
in the name
nallle of
Count'!'\~ide'!
Country"
\"ould Bank of Alllcric<l
\\'ould Americ<l Corporation review the record~ and
rccord~ provide compensation for damage", I
suffered through Countl'y" id("~
thrnugh Counll'Y\\ ide's :Idiom?
4) USC Credit (lllion
4) Utlion
the It oen!':-
The final steps in the thcn ITlI)L"I,'i:Lllb~r,2tHI7.
of III > home in 1)<:1,:(:111hcr_2tH17. eoulJ
coulL! Ilever
never have ktppC'l1cd
!lappent.:L! witlhl11t
without help
heir Ii",
Ii,,) 11 withlf1
withlfl
\I iSC Credit Union. f(x
ll)r IlO reason at all. and ill
no n:ason in violation ofth... LSC eli lidllciary
tiduciary dUlie,
dutie, to their
thei! dcp,):;itor
dep'lSito!
member,
I11clllh:r,
•• What \~as
"as the justilication
justification if any, for the conduct of liSC CU.
Cl.i. in the theft
ill colluding in thl' m~ horne
Iheft of III~ home
Enlerpris(")
by the Elltl'rpri.~~")
of the individuals
Three of individuals who
who playcJ
played central
central roks
roles inlhis
inlhis stOl)
stOI') of
of real
real C5(;,lte
eS\;.ltc fraud.
fraud. held
held th,:
th,: highest
highest positions
positions inin Lkt
Bel
Tl.cdek:
TI-cdck: Sandor
Sandor Samuels
Samuels ,.,. 1<')[1ner
1<')[1ner prl'Sidcnt,
prt'Sidcl1l, David Pasternak !(1ffller
David Pa.sternak f(Jnllcr pn:sidcnt.
president. Teny
Ten'y Friedman-
Friedman ,. fonner
fonner
executivc director,
excclIli\c dircctor. Together
Together they
they can
can be
be seen
seen iL, a reprcscnlatior:
iL, a representation ofofthe
the type
type ot'\... ide'~rread corruption
oC<vide-sprcad corruption thai
thai
undennines thejustice
umJcnnines the justice system
system in in [.os Angcies County
I.ns Angeles County collusiol111t'corrupt
collusion of corrupt wrpomte
ClIrp0rdlc legal cllun~ds,
legal Cl1Ullsc!S,l'Orrupt
wrrupl
<lttomcys in
<lltomcys in private
private practice,
practice, and
and WITlIl'l
C(IITupt jUdge"
jlldges,
Would Bet
Would Bet Tzedck
Tzedek respond
respond and
and inform
inform me regarding an~
me regarding any internal
internal procedure
procedure for
for dispute
dispute
resolution?
resolution?
-65-
6f7
• Page 517 2008
November 28. 21)08
-66-
• PagE-
Page 7([ November 28
November 28 2008
2008
(;, Rcs[)onsc
Res[)onsc hv U.S. Officers (0
to Proposed Solutions:
~\!lr Kenneth :\'lc1son, Dircctor.
rv11' Director. UU,S.
,S. Department of of Justice. linally
linally respol1(bJ
respol1lkd and and rctusl:J
rcltlSl:d toto take a~linn.
take a~tinn.
claiming conccrn
concern ahoul
aholll interlcrcncc
interference with ongoint:
ongoing inve:;tigrttioll
investigation hyhy the 1·'131. ~\"r
the 1·'131. rvlr Kenlleth Kais('r. ,\ssistalll
Kelllleth Kais('r. ,\ssislalll
Dir"dur, Clicnillallll\cstigation. 1'f31. linally rCSI)Plldcd
Dir,'dur, Clienillallll\cstigatioli. res!)()ndeel and
and r..:fu\cd
n.:fu\cd Ii' inslitute an
t(l institute an in·vcqi~ali,)". claimint~
in'vC'.lii!<lti"n. claimiil!:
thaI ''/''dcra! illl'l.'sJiguI/rJI/,t!
dcmonstrated ''/i'dt'l'u!
that I have nevcr demonstrated illVl'SJigul/ul/dl Jurisdidiul/"
/urisdidiul/"
Joseph ZCrlli~
Joseph Zernik
,: Copies
Copies of
of the
the grant
grant deeds
deeds produced
produced byby Att
Att David
David Pasternak.
Pasternak. former
former preSident
preSident of
of House
House ofof Justice
Jusbce -- Bet
Bet Tzedek
TZedek.
purportedly approved by the LA Superior
Superior Court. and
and then filed in tile office of ReglstJarJRecorCler.
Reglstrar/Recoraer. can bll Viewed
can bll Viewed at at
t!.\:!Q11www
b!1l211w' rnproperinl<J con1~97-12-11-{)pinion-1etter -fraud-in-qrant-deeds-s QQ.!
ww Inproperinl<.J
Tne fraud In
The In such actions was confirmed by an opinion letter of Ve:er<Jr FBI agent
Ve:er<.Jr. FBI agent James
James Wedid< ~ornmendod by
Wedid< :ornmendcd by thethe Us Us
Congress. the U S Attorney General. and the Director of the FBI, FBI. for
for hiS contrrbullon
cOlltnbutlon to
to sternmlnq pU£Jlic ,:>.,rr1.Jpt
sternmlnq public l
':A)n1.Jp\lOn on 'non
California govemrnent
gov€fTlment
cc
ce.
Jamcs Wcdick
James \\cdick
Judiciary Committee of the U.S. llouse of Reprcsental
the U.S. ive,
Rerrcscntativcs
Judiciary Committee of the
Judic-iary the U.S. Senate:
Senatc
Ortlce of President
Office Presidenl Elect
onice of
Ortice e,f Vic.::
Vic.:: President I'b:1
President El,XI
-67-
-68-
TO_ MFdOPOULOS
MFdOPOULOS BOa
BOa Page
Page 1 of
of 6 18019980917 Frcm-
Frcm- Josepl'
Josepl' Lermk
Lermk
2008-12-10001745 (GrvoTl 18019980917
I
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i To: ~~~OPOULOS
I Company:
II Fax: 17043703515
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-69-
To ~JAYOPOJLOS80a
~JAYOPOJLOS ao. Pagc7Qf6
Page 7 016 2008-17-10 or; 1-/45 (GMT I
2008-17-100G 180' 99H0917 From Jcseph Z~rn!K
DigiI31'; )Jgned
DIgitally ,Ig""d by
.Jl)s~ph l~ni(
.Jl)'i~pb le-rni(
IJ cc=)o>eph lerr"k.
ON: cc:Jv>oph Zerr,,1e
) ~L
) .. ~'-. ,~md!l~;l1,3~5J¢CJr~hJ'f1
,~m.II~;JlIl~5 ..rJr:hi,e
~c~t..-C""\..JS
~cnc-r.... ~uS
O.t,': 2008
DatI': 200812.09
'L09
Joseph Zemik DMO PhD ..11 -mre.:r
1Ed 1..11
1&.11 -08'00'
(501 ~J&091:
Fa>:' (601,
F;;n" ~J&-J~17 E,-n3 !!1:;:54:'@?'ir!hl,n~ rp,t
E'-f13 1! !!1~.!-4:'IT:o?rml,nl. rp,t
law .. ""
"Judge shall be faithful to the law"
<:11 Cod.
1:.1 ft1>h:3 38(1)
C<><f. Jud fthl= JI3(l)
"The Ilk of law must never be C{){1fu~ with t}.faImj/
tyrnllflj/ of the courts"
A/)ony"rous
A.nat7)'"~
"THE JUDGMENT WAS SET AND THE BOOKS WERE OPENED" Daniel 7:10
December 9,2008
Mohammad Keshavarzi
Sheppard Mullin,
MUllin, lLP
Kesmvarzi:
Mr Keshavarzi:
-70-
fo MAYOPOULOSBO.
MAYOPOLJLOSBO. Page30f6 (GM'I
2008-12 100017 45 (GM'I 180139a0911
180139a0911 ~com
~-om Joseph Zernlk
Joseph Zernlk
original signatures. In case the copy you filed in court does not bear your signatures,
signatures, and
and you
you choose
choose to
to
keep that paper filed, 1 rt.'quest that you correct that situation expediently, othenvise
othenvise please \\~thdraw
please \\~thdraw
such p;:1 pcrs, and notice me accordingly.
p;:1pcrs,
2) Your most recent papers again included remrds produced in subpoena byO:mntryvvide,
byO:mntryv"ide, which
which were
were
the core of this litigation. I complained in the past that such papers constituted frdud
frdud on
on numerous
numerous
repeatedly fraudulently misrepresented by you as the pI1:xiuct
accounts. Such records \",ere repeatedJy pI1:xiuct of
of fax
fax
tmnsmissioI1 from Victor Parks, loan broker, to Cou ntrywide San Rafael, on Monday,
Monday, October
October 25,25,
20°4,5:°3 pm.
5) You have neyer pro'vided adequate authentication ofthat remrd when you introduc1x1
introduc1x1 itit as
as evidence.
evidence.
and I flied for sanctions against you per CCP 128.7 for filing of fraudulent rt.'COrds in
in coUlt
coUlt
6) To avoid that hearing, you scheduled in conflict another "hearing" as you fraudulently
fraudulently called
called it,
it, with
with
reLirc'd Judge O'Brien, who had no authority at all to hold any "hearing" of any kind.
reLin.'d kind.
7) This court refuses to even confirm that Samaan v Zernik was ever aa (ASC
(ASC of the Superior Court of
Superior Court of
(~lifornia. Regardless, .you were fully aware that such records were, are, and always
always wlll be fraud,
wlll be fraud, 22 nd
nd
therefore any purported order, decree,judgment, or any other outcome ofsuch litigation
litigation was
was is,
is, and
and
always "ill be null and voieL
8) In thc ma;t recent papers you omitted the fraudulent transmittal coyer
the ITla;t coycr sheet Regal'dless,
Regal'dless, this
this
record is the product of fraud, and it was introduced by you a<; part of fraudulent evidence.
evidence.
9) Therefore, I request that you immediately remove this record from your most recent
recent pending
pending
p;:1pers.
10) Theretore, I also request that you submita request for a nunc pIQ..1..lJ.lli; order:
a) to mark all instances where such paper appears in the court fIle as instances of fraud
markall fraud
b) to vacate all orders, decrees,judgments that were based on such fraudulent real estate estate (X)J1trdct
(X)J1trdct
record.
11) This message is copied to AttJohn Amberg and AttJenna Moldav.skv, who claims claims to
to be
be authori:r,c
authori:r,c to
to
reprcsentCountry.....i.de Home Loans, Inc, a subsidiary of Bank ofAmerica. Countl)'"'i.de
Countl)'"';de Home
Home Loans,
Loans,
Inc too is requested to file request in court for the ."i.thd.rnwal
.,,;thdrnwal of such fraudulent records produced by
records produced by
Countrywide Home Loans, Inc a" part ofsu bpocna productions that ....-ere replete with with fraudulent
fraudulent
remrds, and which tried to entirely fabricate Sa maan's fraudulent loan applications
applications underwriting
underwriting
-71-
To Uft,YOPOUlOS
UJl,YQPOUlOS BOa
8020 Page 4 of 6 2008
200B <2-1DOD
~:l-1QO:J 1745(GMT)
'745(GMTj 180'1';l9:~09'" From Joseph Ze"nik
history.
MR!u\1B!:':RG At\'D MS
MR!u\1l.)j:,:RG M':'; MOLDAWSKY: RESPONSE REQUESTED BY WED, DEC 10,2008,
5: 00 PM.
MKMAYOPOUl,Q;): RESPONSE
MKMAYOPOUl,Q;): RESPONSE REQUESTED BY WIm,
REQUESTED BY DEC 10,
WIm, DEC 2008, 5:
10, 2008, 00P:\01.
5:00P :\01.
Joseph Zcrnik
Joseph Zcrnik
Fax:
Fax: 8019980<)17
8019980<)17
Tel: J10
Tel: 4359107
J104J59107
18019'380917
10019'380917 PAGE. 24
PAGE. 24
-72-
To :-I>AYOPO.JLOS
To BOa
:-I>AYOPOuLOS BOa p;'J.lJe 5
P~lJe 5 Of
of 6
6 2008-'2-10001745
2008-'2-100C (GMT)
17 <5 (GMT) 1801998,0917
1801998,0917 ~rom
~rom .,iascph Zernlk
.,ioscph Zernlk
•• Page
Page 415
415 December9,2008
Mr Mayopoula;:
MayopoulC6:
I believe that you re n honest man. Your help is very much needed in setting the thejustice
justice system in L\
Iju~1: came back from Washington DC, where I met senior legal stlff
straight. Iju~1: senato~and
staff to senato~
congressmen, requesting that lheyinitiate s~iem of LA County. Mr
they initiate hearings on the corrupt justice s}"!>1:em
Cuuntr}'VVide had more than bit to do with
Samuels and CDuntry'A;;de ....i.th il You're in a unique position, where you CGuld
improve the safegu3rJ
safeguard of the civil rights ofthe
ofthe9.5
9.5 millions who live here, where even an OvefSL~r,
\\'110 Jive Overst.>er, U.S.
parlof the Consent Decree (2:2000cvl1769-GAF-RC)
,Judge, appointed in 2001 a<; parto[ (2: 2000cv 11769-GAF-RC) could not rmke any
difference.
fR.f\YER
PR.f\YEM
problem is that reports indicate that there are
The most outrageous part of the prublem ctre
csti mated thousands of people, mostly pl'Obably blacks and minorities, who were
confirmed innocent already 10 years ago, but had been framed by corrupt police_ Sueh
findings
fi ndings were confirmed agai n and again by 3 or 4 investigative commissions after that.
The latest of them is the Blue Ri bbon report of 2006,
2006, referenced below. These pcoph:
arc sti
still falsely iimprisoned
11 falscly mprisonccl in LA County, under the Rill of Rights, and
arid One Nation Under
Undcr
God.
Mr Mayopoulos, let me assure you, if you affect
affcct the release ofthese people:,
pcop(:, which I
believe is within your powers, you would buy your place in U.S. History.
Please, I pray, let this be your personal pro bono project, please remove this bligh t from
the name of the United States ofAmerica.
Joseph JI'..ernik
).~L
EXCERPT (P48):
REJ:<'ERENCE:
http://inproperinla.com/oo oo-oo-rampart-blue-ribbon-review-panel-200&-repo rL rg[
hltp:/linproperinla.com/oo
-73-
To MAYOPOJlOSBOa
To MAYOPOJlOSBOa Page6of6
Page6of6 2QOB-12-10 OD
2QOB-'?-10 00 17
1745 (GMT)
45 (GMT) 1801998.0917 From
1801998.0917 From Joscoh
Joseph Lernlk
Lernlk
•• ?age ~5
?age:Ji5 December 9,
December 9, 2006
2006
ADDITIONAL REFERENCE
in this litigation in
Additional documentation, including fraud experts opinion letters n;,;. fraud in in
Samaan v Zernik can be viewed at:
Samoan
1. http://inproperinlamm/01:
htill:,I 10- 26-~OC-44 -cou ntrywide-fraud-underwriting-letteq~;lf
!inproperinlacom/Otl:lo-2&-do(>44-countrywide-fraud-undel"\~ting-lctteq~;!f
2. hllp:" linproperinla.com/Q4-1O-26-opinion-leUer-counlQ'wide-underwriting-letter-ocl-26-s.
hlip:,' Iinpro.rerinhcom/Q4-1O-26-opinion-leUer-counlQ'wide-underwriting-!elter-ocl-26-s.pd( wf
:3 hUphttp /Ilinp~rinla-com/o4-09-07-samaan-s-prequalification-lett~
Imp~rinla.com/o4-o9-o7-samaan-s-prequalificalion-lett~
h11P~LLinproperinla.cvm/o4:QQ-07-opinion-leJ1.er-fraud-in-prequqlificaion-letter-~_pdI
4· h11pJLinproperinla.comLQ4:m-oz-opinion-leJ1.er-fraud-in-prequ<Jlificaion-letter-s.J)(JI
~). ht1JtifjnPI9~rinla.(:QmLQA-Q9-2'J-g~-;a!D1!-an-fraudulent-loan-aJWlicatio~ji,pdf
5· hl!J:UfjI1P-!1l~rinla.Q2mLQ4-Q9-2'J-d~-;a!D1!.qn-fraudulent-loan-aJW]jcations:;i,pdf
http://inprQpt:;rinla·mmJ ~4::Q9:-27~n-countrywide-fraudu1ffitdooD-appl iglliQIL.Pdf
6. http://inprQpt:;rinla·mmJQ.4::Q9:-27~JJ-countrywide-fraudul~Dl:lQgIl:iW~li<:illi9.lUJdf
!1lli>JLinproperinliiJX>mLQ4-og--27-opinion-letter-fraud-in-Joan-applications-sigDi!illre~
7. ht!l>JLinproperin]iiJX>mLQ4-og--2z-opinion-letter-fraud-in-loan-applications-sigrF!rnIT~
h!!:r://inpro~rinla.comLllii-l0-18-wire-frau~
8. h!!:r://inpro~rinla.com&4-1O-18-wire-frau~
9· http://inpropcrinlacom/04-]O-18-Q-ernails-in-re-wirc-fax·fra.!ill..J)df
http://inpropcrinlacom/04-1o-18-g-emails-in-re-\:YJrc-fax-fraJJd-J)df
http://inp~rinla.com/04-10-25-countmvidc-adulteratcd-branch-input-exa::pti@=IL.:gtLcst~~.~
10. http://inp~rinla.com/04:1Q::2scountm,,idc-adultITdtcd-branch-jnput-exa::pti~mJL:illLest-~Wf
/04 -10-:!'j-doc- 4 'j-countm'vide-fraud-contract-recordQ-if'
http://inproperinla.com/o4-10-2'j-doc-4r;-countm'v'ide-fraud-contract-recordQ.if'
11. http://inproperinJa.com
12. hm.tiLinP~rinlammJi2A
hm.tiLinPJ:QperinlammJiM-10 ~ 10 26;=cou und_l~[wrilingktter-s. r&;
len t--und_~rrilingkttcr-:>·r&;
nt!:ywide- fraudu lent
26=cou ntryv,1de-
13- http://inproperinla.com/o6-07-1o-samaandewsition.pdf
13. http://inproperinla.com 106-07-1 o-samaan-deposition_ pdf
h!1p: /Ii
14- h!!;p: I 07-Q2-08
nproperinJa.com 107
lIinproperinJa.com -countl}'Wide-fraudulent
'Q2-Q8countIyWjde -subpoena-production
fraudulent -Sll -e-SJ2df
bpoena-production -c-SJ2df
1.5- htU>:
1,5- l/jnproperinla,~-11 -09-doc-')8~ l-CQuDt!:yYtjde:mclaurin- fuJse-dccl<millQ.l1~pdf
htw: /linproperinla.\mIlLQQ-1109-cloc-'\8-1country",ide-mclaurin- fu]se-dccl<millQ.l1~pdf
http://inp~rinla.com.L<26-11-09-d()()-38-2-COU ntn'wide-
16. http://inp~rinla.com.fu~:ll::Q9-dOC-38-2-cou ntrvwide- mel
melau rati~l!J±P9f
falsc-q,;c]a rati~l!J~
au rin- falsc-q;;cja
ht!.p4Linproperinla.92.ID1Q:z~o62Q~t-tzedek-\Neb::pagc-with-samuels-~fore~~!~p91-
17. ht1p4Linproperinla,92.ID1Q1-06:£Q~t -tzed~. . . ili::pagc-with-samuels-~fore-=~!~p91- Samuels
bu~"ter"
- the fraudster as "fraud bu~"'ter"
18019'380'317 PAGE. 06
-74-
-75-
DEC 09
DEC 09 2008
2008 22:51 FR
22:51 FR elF AI'1ER
elF At'1ER II CA
CA 704::W54579
704::3854579 99 l8CJ42542082
l8CJ42542082 F.01
F.01
Digitally ><;lne
Digitally ><Jned d
by Jo~eph Z'ernlk
by Jo~eph Z'ernlk
DN:cn=kseph
DN: rna kleph
Zeln'k.
Zein'k.
) 1~
1~ efll ail "jL12345@
ef\1ail"jL12345i1>
ealtl,1_lJjUlt"l,
ealtl,1_lJjUlt"1.
60S
60S
~OQ,j, 11.04
Oat<:; ~OQ,j,
Dat<:; 11.04
·~e'oo·
17;J5;5B ·~e'oo'
Joseph Zemik Dfm PhD
OW) PhD 17;JS:SB
Fax (801) 998-0917 Email; ]Z12345@earthlinlLnet
Fax (801) 998-0917 EmaiL 1Z12345@earthlink-net
Judge shalf
Judge
/I
/I
b9 fai(hfut
ahalf b9 fai(hful to the t.M'".
to the I.M'... ""
C~ COOO Jud fJhb 3Bro
C~ coo. JlJd fJhb 3Bro
"The fIIfe
"The fIIfe o(
of I8w
I8w must
must never be confused
never be wffJI tyranny
confUsed wfth tyranny ofof the
the CG1urt¥'·
CG1urt¥"
Ano1')1TJOU8
Ano1')1TJOU6
KENNETH D,
KENNETI1 D, LEWIS
LEWIS
Chairman, Chief Executive
Chairman, Chief Officer and
Executive Officer and President, Bank of
President, Bank of Amedca
Amedca Corporation
Corporation
KEITIIBANKS
KElTHBANKS
President, Global Wealth
President, Global Wealth &
& Investment Managemen~ Bank
Investment MBnagemen~ Bank of
of America Corporation
America Corporation
Risk & Capital
Risk & Capital Committee
Committee and
and Management
Management Operating
Operating Conunittee
Conunittee
AMY WOODS
AMY WOODS BRINKLEY
BRINKLEY
Global Risk
Global Executive, Bank
Risk Executive, Bank ofArnerica
of'Arnerica Corporation
Corporation
Risk & Capital Committee and Management Operating Committee
Risk & Capital Committee and Management Operating Committee
JOE L.
JOE PRICE
L. PRICE
Chief Financial Officer, Bank
Chief Financial Officer, Bank of
of America
America Corporation
Corporation
Risk & Capital
Risk & Capital and Management Operatmg
and Management Committees
Operating Committees
TERESA M.
TERESA M, BRENNER
BRENNER
Associate General Counsel
MOS~IlI
WILLIAM J.J. MOSTYN III
Genetal Counsel
Deputy Genetal
Deputy Counsel
Corporate Secreta!)'
and Corporate Secreta!)'
NEIL A.
NEIL A. COTTY
COTTY
Chief Accounting Offic-er
Chief Officer
BANK OF
BANK OF AMERICA
AMERICA CORPORkTION
CORPORA'nON
100 North
100 North Tryon
Tryon 5t
St
Bank of America Corporate vJlter
Charlotte, Clll'olina 28255
North Clll'olina
Charlotte, North 28255
RE: Re<Juest
RE: Re<Juest for
for immediate
immediate intervention
intervention and
and curbing
curbing of
of Sandor Samuels. Time
Sandor Sam~ls. is oftbe
Time is oHbe essence!
essence!
Sir, Madam.
Sir,Madam.
My records
My records show
show that in in early
early February
February 2008,
2008, II sent each ofyou certified letter,
ofyou IiIi certified letter, informing
informing you
you of
ofmy abuse at
my abuse at
the hands of Countywide, prior to your takeover. , expected that following the take over my
ofCountywide, my abuse would be
stopped. This
stopped. This is
is the fourth
fourth year
year that II am
am the
the subject
subject ofabuse
ofabuse by
by C01111trywide. ItIt started 1~swnber 2004
started on !~~mber 2()(J~
when Nivie
when Nivie S1III1MIl
S1III1ilaI1 presented
presented me with aa fraudulent prequalificatj:on letter, then
fraudulent prcqualificatj:on then filed fraudulent loan
loan applications
with CoWltrywide, while engaging
with engaging throughout the the transaction
transaction in ,Njre/Jax fraud
in 'Mre/Jax against me
fraud against an against
me an against
with Branch
colll.lSioo with
(but in collusion
Countrywide (but Branch Manager Maria Maria McLaurin) by impersonating aa loan loan broker
broker -- Victor
Parks in fax
Parks fax corrunuoicatioos:
conunuoicatiollS:
http:/rmproperinla.comlO4-09-o7-samaan-s-prequa1ification-lett~:&4[
http:/rmproperiolacomlO4-09~7-samaan-s-prequaJification-lett~::J24f
http://inproperinla.com/04-09-07-opinion-letter-fraud-in-prequalificaion-letter-s.pdf
http://in properinla.COm/04-09-07-o PiniOn-letter-fraUd-in- Preq UalificaiOn-letter-S.pdf
http://mproper;nla.com/04-09-27-d0c-4O-SlUlUI8.Il-fraudu(eO!-IDan ;:mmlieations-s.pdf
lilly:!/inProperinla.com/04-09_27-d0c-4O-SlUlliIa1l- frauduleot-IDan:mmli cations-so pd f
-76-
DEC
DEC 09
09 2008
2008 22:51
22:51 FR
FR 11<
11< OF Rf1ER II CR
OF Hf1ER CR ~'IJ43864S7(
71:J4386457( 18[~4264Z08::::
5518(j4264208 P.02
P.02
Page 2J9
•• Page 2J9 December 4,4, 2CiQ$
December 2CiO$
http://inproperinlaC(IITI/()4.09-27·0piniQn-let1er-fraud~in-IQaIl=~pplications-Signature-S.pgf
http://inproperinla.comJ()4.09-27-0piniQn-letter-fraud~io-loan-',!pplications-Signature.S.pgf
http://inprOgerinla.com/04-09-27-samaan-countrywide-fraudulem-loan-aPPlieation.Rdf
http://inproperinla.comlO4-09-27-samaan-countrywide-fraudulent-loan-applieation.pdf
hnp;//iPprooerinla.COml04_1 O-14-counttywide-underwriting;letter-s.pdf
http;/jinprooerinla.coml04-IO-14-counttywide-underwritiog;letter-s.pdf
h!ID.://inproperinla.comJ04-1 O-18-9-emails-in-re-wiro- fax-trn.ud.@
http://inproperinla.comJ04-10-18-9=emails-in-re-wiro-fax-trn.ud.@
The
The transaction
transaction never
never materialized
materialized as
as aa result
result ofsuch
ofsuch frauds,
frauds, But Samaan, McLaurin,
But SanliWl, McLaurin, arld (,tlK'l'S had
arld (,tlK'l'S had aa bad<-up
bad<-up
plan
plan -- to
to obtain
obtain the
the property
property through
through aa court
court fraud...
fraud...
A totally
totally new history was
new history was invented
invented for the loan
for the applications, in
loan applications, process that
in aa process _\1aria McLaurin
involved .\1aria
that involved McLaurin -- Branch
Branch
Manager,
Manager, Nivie
Nivie Sarnaan
Sarnaan -- Borrower,
Borrower, Vietor
Vietor Parks Loan Broker,
Parks -- Loan Broker, Mohammad
Mohammad Keshavllrzi
Keshavllrzi (Sheppard
(Sheppard Mullin)
Mullin) --
counsel, and
counsel, and Jae
Jae Arre
Arre Lloyd
Lloyd -- the
the brains
brains behind
behind the
the scheme.
scheme. Nlaria
Nlaria McLaurin
McLaurin provided
provided fraudulent
fraudulent declaralons,
declara:ions,
end the Legal Division provided fhmdulent subpoenas ofdocuments:
hun://inproperinla.com/.OHead ing-t) 2-doc-
llim:!/inproperinla.coml. 2-doc-3 8-countrywide-mclaurin-false-declaratlOn~~f
3 8-countrywide-mclaurin-false-d~laratlon~~f
.Qr!..Q£!Qber 25 Z005.
Qrr..Q£!gber 2005, Nivie Saroaan,
Samaa.n, aa straw buyer, who failed to get her fraudulent loan applications approvecL
sued me for Specific Performance, or damages. The fraudulent daims in the complaint were entirely mad,~
-claims in mad,~ up.
But nobody in his or her right mind would have filed such complaint, unless she knew fully fully well, how to connect
how 10
with the right judge :md that that Countrywide, at all levels would support such an
and that an endeavor. In short, reVil;W
review of
the case is likely to lead to the mncJusion
C'Qnclusion that Samaan h3d consulted with Judge o.mnor even before filing Ine
Qlnnor even lne
complaint.
the conduct ofBryan cave, LLP, and
Similarly, the and Sheppard Mullin indicates that they too knew exactly whllt
they too what they
they
were doing.,
doing, and were fully coordinated with the judges. [n short - a civil court system, which just like its sister the
criminal court system in Los Angeles, is entirely mrrupt Moreover, [ hold that such a system was part of the
corrupt Morenver,
infrastructure that allowed COU11(rywide,
COUJ1trywide, and the sul>-prime crisis to fully develop in Southcm
sulrprime cri:;is Southem Califolll.ia
Califomia
1) In Dece1tlher
Decemhl!1' 2006 {rUJUI in Countrywide subpdena
1006 --I/ discover the (rUJUl subpOena prodwtion. after that·~
prodpction. and SOOn after that·~that
was a corrupt organi1,fl!ion
itif was organi1,f1tion coordimc(e
coordinate ae:tivitJ;,
aetivitJ;, not incidf:nJm
incifk:nJm WQrk Qfan indiVidual
WQrk gran imJil!itmal
I was not supposed to know any of it In fact,fuet, I never had any business with Countrywide, and did not evel
eve1
recognize the name. But in November 2006 I[ got suspicious that my counsel for a year <:Ind and a half, C.harlcs
Charles
Cummings, was dishonest, and in December 2006 I went to his office, and and asked to revi.~w
revi.~w the discovery ff les
(since I[ had no knowledge ofthe law, [ did not find any use for reading the legal pleadings). Within 15-30
tlurt Countrywide, a mortgage lender was colluding .with
minutes [ realized that ,with Samaan in producing fraudulent
records, and that my counsel
C'Qunsel did not tell me any of it. Eventually he offered me a $25,000 fees waiver to leave his
office.
A sample of Countrywide subpoena (one of5,
ofCountrywide of 5, almoST Identical, aU fraudl11ent records), can be
all including numerous fraudl1lent
seen at:
h!m://inproperinla.com/07-DZ-08-eounlrywide-frauduJent-subpo:m8-production-c.s,pdf.
h!m://inproperinla.coml07-02-08-eountrywide-frauduJent-subR;Q:ma-production-c.s.pdf.
2006 I started by calling the Legal Division, the Custodian of Reeords, the Attorneys - Todd Boock
[n December 20061
(n
and later Sanford Shatz, and the San Rafael Brnnch Manager - Maria Mclaurin, Pretty fast it became obvious
e.g., the Branch Manager, who mislead the attorneys. [n~1ead,
that it was not a case ofone person, e.g" [n~'tea.d. the picnlf'~
picnU1~ that
emerged was that half a year or a year earlier, before I even knew the name Countrywide, I was targeted for real
subp<X:na records to ~wpport
estate fraud, and they all worked as a well rehearsed team in producing the fraudulent subpoena upport
Samaan's fraudulent claims. The connection was that her husband, lae Arre Lloyd, apparently a career white
collar crime expert, was a "loan originator" for San Rafael Branch.
-77-
DEC 09 2008 22:51 FR '-< OF AMERICA 7~l43:35457': 9 181214254;:::08:: P.03
Diane Frazier, in a lengthy phone call on March II, 2OQ7 in the afternoon, confinned what J[have
have figured out
from the unde:writing records, and added much more to my understanding of the corrupt op~rnlion5
op~rnlions in San Rafael
and the Legal Division, headed by Sandor Samuels. But then:: was no way that the Internal Audit Committ,;:e,
headed by Angelo Mozilo Was functional, ifSamaan's loan applications were presented in JanuaIy 2005 101'
funding to Countrywide Bank (and immediately denied).
I called again, on March 14,2007, a man answered \J1(~ phone for Frazier, aOO claimed that IDe was no
!lut when 1called
longer there. Moreover, he explained to me that Frazier was ne:'<'er supposed to talk with me about CountrY'Nide.
She was prohibited from talking about the subject. He then told me matter of fact - "I you call her ever again - J
will come (/QHln to LA and gun you daHI!I." When I tried to serve subpoena for deposition, my seTYice people
staked the hoIXSe for days, Frazier, who was very happy to cooperate with me by phone disappeared, and tile)'
were told that she nO IOI1ger lived there. I recently called the number again, and Frazier answec<.'.d the phone! 8lgain.
Obviously somebody was hiding a material witness in this case of corporate fraud on a grand scale.
Frazier's conlHct information was and still is:
4329 Gloria Ct
Rohnert Park, CA 94928
(707) 586-1479
-78-
DEC 03 2008 22:52 FR OF ~r'lER
~r'lER I C~
C~ 7043864575 31804264208(= P.04
• Page4l9
Page4/9 December 4.2008
http://inproperinla.comJ04-1()'·26-<1oc-44-rountrywide-fl'llUiI-underwriting-letter.pdf
http://inproperinla.comJ04-1()'·26-<1oc-44-ffiuntrywide-fl'llUiI-underwriting-letter.pdf
By now, my assertion of fraud relative to the dating of tltis record is also supported b~' the opinion ktter of
nationally acclaimed fraud g~ialist:
spedalist:
http://lnproPCrinla.oomJ04-1~·26-1Jpinion-le~r-countrywide-underwriting-ietter-()ct-2(i-s.pdf
http://lnproPCrinla.oomJ04-1~·26-<lpinion-le~r-countrywide-undelWriting-tetter-()ct-26-s.pdf
b) Copy of a real estate contract that was the product (If fax traosmlsskm markod as of Oct 2:0
250 2004,
5:03pm.
None of the records was ever authenticated, and in this case, the record was fr'duduJently represented as
faxed from Loan Broker Parks to Countrywide at the time indicated above. In faet, at that time it was
faxed from Samaan to her husband Lloyd, as part of a convoluted faxlwire fax/wire fraud scheme against a
financial institution, but in collusion with the Branch Manager - Maria Mclaurin. In [n fact, mosl
most of the
records in Samaan's loan file that bear an unidentified til)( header imprint belong to that scheme.. TIley are
scheme..TIley
made to appear as if they arrived at Countrywide at that time from Parks. But in fact, San~l1l SamaLLIl was
impersonating Parks in fax communications during that whole period, and the tirlie that these 1C';ords
arrived in Countrywide (by email, not by tax) was much later (weeks later at times). All of this was of
ofthis
course in violation of "sound banking principles" and Regulation B B of the F.x1eral Resen e For
example, judging by the Underwriting Letters, the record in 2) above, was not part of tl"K Loan
th€ Lo1l11
Application file even by November 3.2004.
3,2004.
The real eslate contract: rewrd can be viewed at:
estate contract
http://inproperinht,com/Q4.10-25-d0c-45-conntrywide-fraud-contrnct-record.pdf
http://inproperinht,com/()4.10-25-d0c-45-conntrywide-fraud-contrnct-record.pdf
By March 2007.
2007, I also sent the first letters, directly to Sandor Samuels and Angelo MoziIo,
Mozilo, a.s the two individuaJs
individuals
in whom the integrity of the operations was most clearly vested. and demanded that they authenticate or repudiate
re{ludiate
some of the most clearly fraudulent records. They never responded, and the Legal Division was engaged in
manipulatJon
manipulation to avoid an honest an complete production. For example - the Legal Division dcdded that email
were exempt. .. and Judge Jacqueline Connor
exempt.., Olnnor (best known for derailing the Rampart trial in 2000, which led to the
appointment of a civil rights Overseer for Los Angeles), cut my discovery time short.
By June 2007, I found out that Mr Samuels was the President ofa charity that goes by the name "Hou~e of
Justice", and that he was advertising on the web a campaign against frauds.
That advertisement
arlvertisement can be viewed at:
http://inproperinla.coml07-06-2Q-bet.tzedek-we!:tPages--w-samuc;!§.pdf
JW1I1, 2007 (followed up on the suggestion in the advertisement: I left a
Therefore, by late Jty1I1, eve!ope in
s<18l brown eveJope
a.s<lal
the offices of Bet Tzedek addressed to:
Sandor Samuels
of the Board
President of1he
Bet Tzedek
Personal and Confidential.
-79-
DEC 09 2088
2008 22:52 FR /: OF A~1ER
A~1ER I CR (1214:::J86457~
(12I4385457~ '318[34254288;'
'318[34264208;' P.05
6) Countrywide assumed a statU5 above the law in the ws Angeles Superior Court witJlpermisswn to t7l'K9/:!.
t7l'K9f:!.
of the Court iJselt
in criminal conduct with the blessing ofthe
of her own volition scheduled another hearing, for July 23, 2007 to continued that request, and she
Judge Connor ofher
allowed Countrywide to re-file a new request, since the first one was so outrageously abusive that she probably
felt uncomfortilile with it at all. But she never set a deadline for Countrywide to file the new moving papers,
set. a deadline on me fur July 12,2007. At the end I realized that the new moving ~
while she did set papers were sent
by emai~
email, on the evening of July 11, m6ssagt: on my email that a l~e package could n01
II, 2007. I noticed a messag(: n01 be
delivered
In court Judge Connor stated that she would sign a protective order for Countrywide, but in fact, months later,
when for the first time I was allowed to access the Court file, 1realized
I realized that she never issued .such an order, on the
ofCOlmtrywide.
contrary, she deliberately recorded denial of the Proposed Orders ofCOlmtrywlde.
In Los Angeles Superior Court- neither I nor my counsel were allowed any access or any notice of any court file
7.007, almost
papers for almost 2 years. I was allowed to see some ofthe court file for the first time only in August 2007,
two years since the start of
oflitigation,
Iitigation, and day prior to summary judgment hearing, based on fraudulent
Countrywide records. To this very day I am not allowed to inspect the computet court file in this case, in
California and the United States.
violation ofthe California Court Rules, and the law of Califomia
TIle basic idea was that I was not allowed to ask Countrywide
COWltJyWide 11llything about the fraud they were perpetraljng
against me. I was also denied the right to file compulsory fraud claims against Countrywide in Coruw's
CoMor's court. In
CotUltrywide status was in that court.
fact to this very date, it is not clear what CoWltrywide
-80-
DEC 09 2008 22:52 FR
OF AMERICA n143864579
n143864579 P.05
P.05
Coootrywide claimed to be "Non-Party", but the court interchar;geably designated it Plaintiff: Defendant,
fi)undation at all. Court record, were written in a
Jntervenor, Objector, Cross.-<lefendant, with no reason or legal fi)undatioll
manner that was clearly meant toto hide the presence of Countrywide in the court room.
7) In a series o((rauds
olfrauds by the Samaan,
Samaan. CoUll1rywi4e,
CmUltrywJde. and the Court,
C()ur:t, I was dispossqsed
dispossf'$$!!d o(mv
o(my komi'-
a) Statute of Frauds
Fr(Ulds Fraud
Samaan filed her complaint in October 2005 with no contract in il On Jan!@Y30,
JanillID'.-30, 20Q2. Judge Connor OVerTuled
overruled
my
my demurrer on stiltute
statute of frauds.
In late July 2007. over a year and a half later she allowed Samaan to enter as evidence, for the first time, the
contract described above, which was only produced by Countrywide, and no other party, as the contract
corrtract thar.
thaI. was
in
the subject of the litigation, in Reply brief to swnmary
swnrnary judgment motion by Sarnaan.
Sarnaan.
b) FraudJ4lent Sununary Judgment Hearing
Fraudulent Summary
On August 9, 2007 Judge Connor pUflJOrtedly heard a motion fi)r summary judgment. The standard of
adjudication in such motion is that the finding is required of "no disputable time of
material/acts". At the tune
displiUlble maieriaJfacts". of the
courlsc~I,
hearing, I had on the court calendar for Sept 10,2007, a hearing on sanctions against Sheppard Mullin courlsc~l,
un~erwriting
fi Iing in court the fraudulent records from Countrywide, such as the un~erwriti
for knowingly filing ofO(t
ng letter of Oct 26,
1t
2004, misrepresented as of OCt 14, 2004, and the contract misrepresented as arriving '11 Coumrywide
Coun1trywide on 0c1. 25,
2004. Obviously the very core tHcts in this case were disputable.
i
c) EIltJy
Entry ofJudgment Fr(lUd I
On August;?,
August]. 2007 Judge Connor rendered ajudgment for specific petfonnance
perfonnance to co~pel me to sell the property
to Sarnaan, fOf thtit exceeded market value. and with no attorney fees to be pai~.
for a price tlm.t paid!. The Judgment can be:
viewed at·
<1(' • I
http://inDfoperinla.comJ07-08-09-iudgment&order-granting-summary-iudgm~
http;//inproperinla.coml07-08-09-judgrnent&order-granting-summary-judgment -s.ooi
But it was clear to me for
fOf months by that time, that the litigation was entirely fraud, fr A Z, It wa5 alsc, dear
A to Z
to me, based on that the target was my equity money, and that the method
00 feading •that
I specific: perfOlman,:e
specific perfonnan,:e for
a couple of reasons;
reasons:
i, Derived from equity courts, it does not require ajury trial, making fraud
u,
u. Given its unique nature, the exocution
execution exposes the escrow process to ab by the court.
In the month that Connor engaged in fraud relative to the entry ofthe
tl1at followed, Judge ConnOr of the ·udgmt:rIt.
·udgl'nt:rIt. She never
entered the judgment, but tried to make the record as convoluted as possible on that Why she never entered
the judgment? I have some good ideas. How could she do it? It £t is easy when litig are never allowe.d to :iee
:;ee
the court records, as is the case
C<.1.Se in the LA Superior Court.
Court,
d) Appointment of/raudPlent
offraudlLJent "Escrow Referee" - Judge O'Brien
On August 30, 2007, COlUlOr stated that she: was going to issue order appointing an
2007. in open court, Judge COMOI'
escrow referee. In open court, by then knowing her /Taud
mud routines, [ asked Judge Co or to be be~ "diligen(' and
issue an order that was in compliance with the law,
law. On the transcript she stated that s had M
nl) intention to do so.
apfintmertt
Therefore, when the referee contacted me, I demanded that the referee present his apfintment papers. As usual,
pap<~. What tl'
Sheppard Mullin and Samaan were noticed by the court, but I was never allowed to s the paper.>. ftee
referee, C3n be seen at:
referee., a retired judge presented for the foundation of his authority can
http://ioproperinlacorn/07-Q9-D7·<Jbrien-s-paper.>-s.pdf
http://inproperinla.coml07-Q9-D7-{)brien-s-papers-s.pdf I
-81-
DEC 09
DEC 09 2008
2008 22:52
22:52 FR
FR v:K OF Rt1ER
OF FH1ER IICR
CH 7(143864sr
7(1438645?C 918(34264208;:'
918042642081:' P.07
P.07
I
II
I
•• Page
Page 719
719 . , . . ,, Oecambej4'
Oecambej4' 200S
2008
:ras
II ~ am~d
am~d at coope~on of
the coope~on
at the ofretired
reured Judge
Judge O'Brien
O'Snen inmsuch
such aa fraud.
fraud.. But
But he was~tdeterred,
he was~t deterred, and continue
continue
'r
hIS obstIUctlon conduct
hIS obstIUctlon conduct until
until early
early October,
October, when
when he
he resigned.
resigned.
e) Appointment
e) Appointmentof of afraudulent"Receiver"
afraudulent"Receiver" -- Sandor
Sandor Sanuuls'
Sanuuls'friend
friend - D . pQ.J:temak
By now..
By now. the file mov~
the file moved toto Judge
Judge Segal,
Segal, \Vith no assignment
\'lith no assignment order,
order, after Judge Allan G man,almost
man, almost a month
after taking the
after taking the case
case With
with no
no ssslgilll1ent
assignment order,
order, recalled
recalled his "long
"long term close personal rimdship with with the l:hief
legalOffICer
legal OffICer{of Countrywider and
{ofCountrywide/" and recu~ed.
recused.
Art Keshavarzi
Art Keshavarzi (Sheppard Mullin) and
(Sheppard Mullin) and the court then routinely blamed me for my obj ing jng ro
to their frauds
relatieve to
relatieve to the
the purported
purported execution ofthe judgment that was was not
not acknowledged as ,;ourt-
lIS a v lid jUdgment by the ,;clurt-
e.g, --- Judge
e.g, Judge O'Brien
O'Brien was
was never presented with with the judgment felr
[clr execution.
Judge Segal
Judge Segal and At! gave a four day notice for a hearing on appo'
Att Keshavarzi then gave It of receiver on
November 9,2007.
November 9,2007. When
When II saw the movmg papers I sent all notice that I considered tt yet another fraud. 'Hle
order appointing
order appointing receiver
receiver never referenced any section ofthe code as the basis for his orily, he was not
ority,
required to
required
the
to execute
Judgment with the
judgmen~ which was not referenced either. And Keshavarzi ain /Tfiudulently
execute the judgmen~
Order GrdIlting Summary Judgment in is moving
the Judgment with the Order GrdIlting Summary Judgment in is moving papers. papers.
iain repla'~
fi'fiudulently repla·;ed
The moving
The moving papers
papers and
and the order can
the order can be seen at:
be seen at: I
ibits-vol~v-
http://inproperinla.com/O&-06-24-e ibitg..vol~v-
bttp://inproperinla.comlQ&-06-24-e
Further abuse
1) Furt/ler
1) abuse by Pasternak, threat
by Pastemak, ofuse offorce
threoJ o/use offorce to
to dispossess me. and
dispossess me, raudldent conveyclJiIce
and raudldent COllveyClJiIce of
of
tiJJ.e
tiJ1e
The order
lhe order appointing
appointing receiver
receiver never included the
never included the judgment.
judgment. Had Had the
the execution been pp judgrnen~
execution been judgmen~ thethe cour:
caul': 'liaS
\.vas
obligated by law to distribute to me my equity within 30 days. Smce there was no reI ance on the judgmern, the
obligated by law to distribute to me my equity within 30 days. Since there was no reI ance on the judgmern, the
court could
court not issue
could not issue aa Writ
Writ of
of Execution,
Execution, neither
neither did
did itit ISSue an Abstract
ISSue an AbstraCt ofJudgmen Instead. the
ofJudgmen Instead, the court
court relied
relied on
on
straight forward
straight fraud.
forward fraud.
On November
On November 21, 21, 2007
2007 -- David
David Pasternak
Pasternak and
and Judge
Judge John
John Segal
Segal threatened
threatened me
me with f<m:e if I did nnt
with e of j()['(;e n,)t
vacate the property.
vacate the property. But
But they
they could
could not issue an
not issue an Unlawful DeUiiner, since
Unlawful Detainer, since they woul not rely on the Judgment.
they woul
II was
was exhausted,
exhausted, and
and II had that was
place that
had aa place was renovated
renovated for for me
me for
for several
several months
months final finally did what
final ready. IUinally what!I
wanted to do since 2004 - and moved closer to
wanted to do since 2004 - and moved closer to my office. my office.
In
In late November 2007
late November 2007 David
David Pasternak
Pasternak forcibly entered the
forcibly entered the property.
property.
On December
On 7,2007, II was
December 7,2007, was subjected
subjected toto two
two additional abusive ex
additional abusive part procedures
ex part procedures d gag ordetS. This
gag orders. tiIn\l by
This tlln\l by
Escrow and
Escrow and Title
Title companies, court was
1be court
companies, 1be was in
in the
the process
process ofpt."Ipetrating
of pl-"Ipetrating real
real estate
esl3te ud against
against me,
me, and
and [[
explained that
explained that well
well enough
enough toto escrow, that the
escrow. that the escrow
escrow officer
officer refused to cooperate
refused to cooperate wi
wi the cowt.
the The soludon,
cow't. The soludoT1,
devised
devised by
by Att David Pasternak,
Att David also aa close
Pasternak, also close friend
friend ofMr Samuels was
ofMr Samuels was several-fold:
several-fold:
a)
a) Gag
Gag ordelS
orders on
on me,
me, to prevent protected
to prevent protected speech
speech II defense
defenSe of
ofself.
self. b)
b) an
an indemnity
indemnity ment
ment toto compensate
compensate
escrow, at
escrow, at my
my expense,
expense, of any liability
of any liability from
from collusion
collusion in
in crime
crime with the court,
with the court, c)
c) vari
vari us retaliatory measurl:~
us retallatory measur.,~
against
against me.
me.
In the first
In the first ofthese
ofthese procedures
procedures Attorney
Attorney from
from Buchalter
Buchalter Nemer,
Nemer, Richard Onnond, ap
Richard Onnond, ap incognito.
incognito. Neither
Neither he,
he,
nor the judge (Lisa Hart-Cole) would agree to disclose his name or the name of his cI ent- Milra Escrow.
nor the judge (Lisa Hart-Cole) would agree to disclose his name or the name of his cl ent- Mi3ra Escrow.
After
After December
December 7, 7, 2007,
2007, the
the court
court file
file was
was moved
moved to to Judge
Judge Friedman, personal fii
Friedman, aa personal fii dd ofMr
ofMrSamuels,
Samuels, who
who
refused
refused to
to produce
produce aa statement
statement on
on the
the record
record regarding
regarding hishis relationship
relationship with
with Coun
COUll 'de,
'de, or
or tinancial
tlnancial bene51s
bene51s to
to
him
him and/or
and/or family
family membelS living with
members living with him,
him, as
as required by California
required by California law,
law, and
and also
also rr fused
fused toto recuse.
recuse.
Legal
Legal records
records and
and further
further description
description ofwhat
of what took
took place
place on
on December
December 7,2007
7,2007,I can
can foundfound at:at:
http://inproperinla.convOS-06-24-exhibits-vol.y-receiversrntrill'!!:oductiono/oSB
http://inproperinla.comfOS-06-2<kxhibits-vol-v-receivershitrintroductiono/oSB %5D %5D ff
-82-
DEC 09 2008 22:52 FP
FR < OF RMERICR 704386457~ 918042542082
918842542082 P.08
I
• Page819 I
Decembe
Deo3mbe 4.2008
10 W1ul1 is Sammm
Satnailll ... Zernik?
In recent months I have been writing to the Presiding Judge of LA Superior Court St hen Zculeger, and
and asking to
explain to me:
me;
a) What isSamaan.
is Samaan ...vZemik?
indicates that it is not a case ofthe california S
The evidence as aa whole Indicates . r COUlt.
COUlt.
-83-
DEC 09 2008 22:53 FR : OF HI1ER
Ar1ER I CH
CA 7043864579 :3180426421382 P.09
II
till,
c) Absent such assigmnent ord~. what is the authority of Judge Friedman in thi, case, if any?
d) Is there or isn't there ajudgment that is entered, valid, and effectual in this casf
The office of the Presiding Judge is refusing to answer! I
II
Tru.ck ca.5f
The answer that l have reached is simple: Sarr/Qan v Zernik is an Enterprise TtllCk ofth~:
casf of the: Los Angeles CQurt.
Court.
r believe that there are many cases like this one, but nobody mallaged
maIlaged to document it aj; CMefull)'
carefully as I did.
elsl1by now, tbis is
I know it is sounds as an absurd, but I have tried almost anything els
almost last resort: rr
Directo~
I am pleading with the Boud of Directo~ of a corporation to protec my CIIvil protec~
ClIVi! rights
pursuaot to the Anlendment to the Unite States Constitution, for FI'e¥Pefi:Ch,
Fre Sp«:ch, for for-Due
Due
Process, and for Possession, and for the Common Law right to acces judicial
judkial records, to
inspect and to copy, affirmed by the U.S. Supreme Court in Nixon ar".~r
Nix()n v. arMf
Communications.
),~i
12-4-08 !
-84-
-85-
,~/!!/2008
,~/!1/2008 16:29 FAX 310 576 2200
BRYAN CAVE LLP [4]001
[4]001
****************.************.
*~:* MULTI TXlRX REPORT ***
***
********************** •• ******
TXlln
TXlIU NO 4710
PGS. 3
TXIRX
TX/RX INCOMPLETE
TRANSACTION OK (1) #217918019980917
(2) #217912136201398
(3) #217913104471902
(4) #217913105531540
ERROR INFORMATION
._
. _-
----
----
-__.
.__~
~~~-
--- --
- --
-
BrY·311 Cave UP
BrY·311 Cave UP
Bl'yan
Bl'yan Cavil
Cavil LLP
LLP
Facsinlile Cover 121) Bl'oadway.
121) Bl'oadway. SUite
SUite 300
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CA 90401-2386
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Dale:
Date: I )ecember 11, 200H
December
From: letwa
ICtlna Moldawsky Telephone: Ci to) 57(l2:r'7
('itO)
Sent by: Secretary 1"ax N
Sender's Direct hlX umbe r:
Number: p to) S7(l221}(J
PIO) 57(l22(}(J
To: Joseph Zcrnik
Zernik DMD Fax Number: 801-998-0917
801·998-0917
PhD
To: Moe Kashavarzi, Esq. Fax Number: L39~:
213-620-139~:
21.3·620-
Company:
( :olllpany: Sheppard Mullin RIchter
RIChter
Hamptun,
& Hampton,
& LLP
To: Robert J.J. Shulkin, Fax Number: 310-447-1902
Esq.
Company: ColdweU Banker
Resldent131
Resldentlal Brokerage
Company
To: David J. Pasternak, Fax Number: 310-553-1540
310-553-1540
Esq.
Company: Pasternak, Pasternak
Pasternak &
Patton, I J ,P
'1'0
'1'0 Sender:
Do you
you wish be contacted
to be
wish to contacted when
when fax
fax is
is sent?
sent? DYes
DYes [8] No
No
Do you wish to
to be
be contacted
contacted at
at your
your home/office
home/ office if
if fax
fax
cannot
cannot be
be sent
sent within
within one
one hour?
hour? Tel:
Tel: DYes
DYes [8] No
No
If all
If all pages
pages are
are nor
not received,
received, please
please caB
cal1 (310)
(310) 576-2374
576-2374 or
or (310)
(310) 576-2354.
576-2354.
-87-
MoldJ.\\isky
Jennl MoldJ.\v.:;ky
[)lftCL
DlftCL ,W-S7(,-2Y'7
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lcnna rnolda\vsky~~b')'J.flcJ\C .CI.llTl
EsLJ.
Robert]. Shulkl11, EsLj.
I ,ega I Departmmt
Coldwdl Hanker ReSldefltial
Coldwell Reslderltial Brokerage Company
th
(li 1 San Vicente Boulevard, 9 floor
11 (ll
9()049
Los Angeles, Ci\ 90049
J;acsimile:1 1
Facsimile:) 10447 1902
0447 -1902
r()b\:n.jh1Jh.m(a)clmL~~t;S_Com
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Gentlemen:
')"iJrl'~J\l':stratf;ql'~" r;I)[l'
Please be advised that Non-Party Countrywide Home Loans, Inc. ("Countrywide")
will apply ex parte for an order shortening time for the Court to hear Countrywide's
motion (1) for monetary sanctions against Defendant Joseph Zernik ("Zernik") for
5(-.101 DOCS665715.1
-88-
Joseph Zernik DMD PhD
Moe KeshavarZl, Esq.
Bry,jfl Cave
Bry,jfl Cave UP
UP
Robert J. Shulkin, Esq.
Robw
David J. Pasternak, Esg.
December 11, 2008
Page 2
CountrywIde's eX purle
Countrywide's parle application seeks relief on the grounds that
that Defendant
Defendant .Joseph
Joseph Zernik
Zernik contlnul'S
conl1nu('s
VlO!atc the terms of the July 2\ 2007 protective order
to violate ordn by contactmg
contactUlg CounrrywIl1c's
CountrYWide's sel11OI'
scniol' ofllcers
officers
and employees, and CountryWIde
CountryWide will suffer Irreparable harm If ItIt ISIS forced
forced to
to continue
continue to
to elldure
endure
Zernik's harassment Without timely court llltervcntlOn
I.ernik's intervention to resolve tlus
tlus matter.
matter.
Monday, December
pllrte application will be heard at 8:30 a.m. on Monday,
Countrywide's ex parte December 15, 15, 20illi,
20illi, in
in
Departlllellt WE) of the Los Angeles Superior Court, located at
Department at 1725
1725 tvlalIl
Main SrtTlet,
Strelet, S:lllra
Santa f'vl(,nica,
f'vl(,nica,
Cali forllla, 90401.
Please adVise as to whether you intend to appear and/or oppose Countrywide's pariI' application.
1'.,' purie
Countrywide'S I'\. applicatioll.
9'/iV
yours,
Cif/iVI<iL'yrLbl
I<iL'yrLblc,.U
Jenna Moldawsky
Jcnna
:U4¥r
4
¥r
SMUIOOCSGG571~
SMUlDOCSGG57 I 5 \\
-89-
BRYAN CAVE LLP
John W. Amberg (CA State Bar No. 108166)
2 Jenna Moldawsky (CA State Bar No. 246109)
120 Broadway, Suite 300
3 Santa Monica, California 90401-2386
Telephone: 310-576-2100
4 Facsunile: 310-576-2200
5
H\C.
Atturneys fur Non-Party COUNTRYWIDE HOME LOANS, U\c.
6
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
10
1]
11
W
W NIVIE Sl\NL\AN, et aI., SC0874CiO
Case No. SC087400
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!:::~ « (Filed concurrently with Ex Parte
Parte Application;
Application;
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14 vs. :\1emorandum
\1emorandum of Points and ,\llthorities;
'\llthorities;
~ ,.: ~ Declarations ofJenna Moldawsky and Todd Todd
U ~ ::J '\. Boock and [Proposed] Orderl
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JOSEP]
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N 0 Defendants. P.ate: December 15, 2008
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19
20
21
22
23
24
25
26
27
28
SMU} DOCS712696.1
SMOI PROOF OF
OF SERVICE
SERVICE
-90-
PROOF'
PROOF' OF
OF SERVICE
SERVICE
22 Los Angeles,
I am employed in the County of Los Angeles, State
State of
ofCalifornia.
California. II am
am over
over the
the age
age of 18
of 18
,., business address
and not a party to the within action. My business address is
is 120
120 Broadway,
Broadway, Suite
Suite 300,
300, Santa
Santa
-' Monica, California 90401-2305.
44
On December 12, 2008, I served
served the
the foregoing
foregoing document(s),
document(s), described
described as
as on
on the
the interested
interested
party(s) in this action, as follows:
55
EX PARTE APPLICATION FOR AN ORDER
ORDER SHORTENING
SHORTENING TIME
TIME TO
TO HEAR
HEAR NON-
NON-
6
PARTY COUNTRYWIDE HOME LOANS,
LOANS, INC.'S
INC.'S MOTION
MOTION FOR
FOR MONETARY
MONETARY
SANCTIONS AGAINST DEFENDANT JOSEPH
JOSEPH ZERNIK
ZERNIK FOR
FOR VIOLATIONS
VIOLATIONS OF
OF THE
THE
7 JULY 23,2007 PROTECTIVE ORDER AND
AND FOR
FOR OTHER
OTHER RELIEF
RELIEF ON
ON THE
THE EARLIEST
EARLIEST
POSSIBLE HEARING DATE; MEMORANDUM
MEMORANDUM OF OF POINTS
POINTS AND
AND AUTHORITIES
AUTHORITIES
8
8
[PROPOSED] ORDER GRANTING COUNTRYWIDE'S
COUNTRYWIDE'S EX PARTEAPPLICATION
EXPARTE APPLICATION
99
FOR AN ORDER SHORTENING TIME
TIME TO
TO HEAR
HEAR NON-PARTY
NON-PARTY COUNTRYWIDE
COUNTRYWIDE
HOME LOANS, INC.'S MOTION FOR MONETARY
MONETARY SANCTIONS
SANCTIONS AGAINST
AGAINST
10
DEFENDANT JOSEPH ZERNIK FOR VIOLATIONS
VIOLATIONS OF
OF THE
THE JULY
JULY 23,
23, 2H07
2H07
] ]
PROTECTIVE ORDER AND FOR OTHER
OTHER RELIEF
RELIEF
(0
(0
to
<'l
]2 DECLARATION OF JENNA MOLDAWSKY
MOLDAWSKY ININ SUPPORT
SUPPORT OF OF COUNTRYWIDE
COUNTRYWIDE HOME
HOME
t:J LOANS, INC.'S EX PARTE APPLICATION
APPLICATION FOR
FOR AN
AN ORDER
ORDER SHORTENING
SHORTENING TIME
TIME TO
TO
00
o0 0
<f HEAR COUNTRYWIDE'S MOTION FOR
FOR SANCTIONS
SANCTIONS AGAINST
AGAINST DEFE~:'lJDANT
DEFE~:'lJDANT
<'l 0 ]3
n. "'
.J t «
0\
0\ JOSEPH ZERNIK FOR VIOLATIONS OFOF THE
THE JULY
JULY 23, 2007 PROTECTIVE
23, 2007 PROTECTIVE ORDER
ORDER
~ ~ ~ ]4 AND FOR OTHER RELIEF
> '0
> >-' 0
« ..
U ~ J DECLARATION OF TODD A. BOOCK IN IN SUPPORT
SUPPORT OF
OF COUNTRYWIDE
COUNTRYWIDE HOME
HOME
Z
«
0 «
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>-
>- 0
0
LOANS, INC.'S EX PARTE APPLICATION
APPLICATION FOR
FOR AN
AN ORDER
ORDER SI-IORTENING
SI-IORTENING TIME
TIME TO
TO
D:
D: D:
D: .{
.{
rn rn ~
~ HEAR COUNTRYWIDE'S MOTION FOR FOR SANCTIONS
SANCTIONS AGAINST
AGAINST DEFENDANT
DEFENDANT
o Z 16
Z
JOSEPH ZERNIK FOR VIOLATIONS OFOF THE
THE JULY
JULY 23, 2007 PROTECTIVE
23, 2007 PROTECTIVE ORDER
ORDER
- ::;:«
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0
18
DaviJ J. Pasternak
DaVIU.1. Moe
Moe Keshavarzi,
Keshavarzi, £.:sq.
:Esq.
19 Pstcrnak, Pastcrnak & Patton, LLP Sheppard
Sheppard Mullin Richter && Hampton,
Mullin Richter Hampton, ]LLPJ.P
1875 Ccntury Park East, Suite 2200 333
333 South
South Hopc
Hopc Street,
Streer, 48th
48th Floor
Floor
20 Los i\ngcles,
j\ngcles, California 90067-2523 Los Angeles, C\
Los Angeles, C\ 90071-1448
90071-1448
dJP(cl.pasla\v.co!11
dJP(21.pasla \V .com Facsimile:
Facsimile: 213-620-
213-620- 1398
1398
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2] mkcsl1avarzi(ivsllC)2Pl!Xu
mkcshavarzi(fv S 11 C\2Pl!XUl11uLhn.c< !.Ql
l11ulli 11. CC!.m
22 Robert .J. Shulkm,
Robert Shulkin, Esq.
Legal Department
23
23 Coldwcll
Co1dwcll Banker Residential Brokerage
Brokerage Company
Company
th
th
11 () III1 San Vicente Boule\'ard,
Boulevard, 9 floor
floor
24
24 I_os Angeles, C\ 90049
J_os
Facsimile:
J,'acsimilc: 31\14471902
310447·1902
25
25 robert.shulk111(ciclmo\"es.cum
robert.shulk111(i1'clmo\'cs.com
26
26
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~ (VIA ELECTRONIC
ELECTRONIC SERVICESERVICE -- CRe
CRe 2060©)
2060©) The document wa~';
The document was served
served via
via
27
27 electronic transfer upon the parties listed using their e-mail addresses as shown above.
electronic transfer upon the parties listed using their e-mail addresses as shown above. EachEach
transmission
transmission was
was reported
reported as
as complete
complete and
and without
without error.
error.
28
28
SMOIDOCS\712696
SMOIDOCS\712696 II 22
.
.__-
----
----
----
- -
----
----
-
PROOF
PROOF OF
OF SERVICE
SERVICE
-91-
Executed on
Executed December 12,2008,
on December 12,2008, at
at Santa
Santa Monica,
Monica, California.
California.
II declare
declare under
under penalty
penalty ofofperjury
perjury under
under the
the laws
laws of
ofthe
the United
United States
States of
ofAmerica
America and
and the
the
22
State ofCalifornia
State of California that
that the
the foregoing
foregoing isis true
true and
and correct.
correct.
33
44
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Deborah Swisher
Deborah Swisher
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SMOI
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DOCS\712696. J
.,
3.J
PROOF
PROOF OF
OF SERVICE
SERVICE
-92-
PROOF OF SERVICE BY HAND DELIVERY
2
,., I am employed in the County of Los Angeles, State of California. I am over the age of 18
.J
and not a party to the within action. My business address is 1511 Beverly Blvd., Los Angeles,
California.
4
On December 15,2008, I served the within document and the following documents,
5 described as:
6 EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR NON-
PARTY COUNTRYWIDE HOME LOANS, INC.'S MOTION FOn MONETARY
7
SANCTIONS AGAINST DEFENDANT JOSEPH ZERNIK FOR VIOLATIONS OF THE
JULY 23, 2007 PROTECTIVE ORDER AND FOR OTHER RELIEF ON THE EARLIEST
8 POSSIBLE HEARING DATE; MEMORANDUM OF POINTS MID AUTHORITIES
9
PARTEAPPLICATION
[PROPOSED] ORDER GRANTING COUNTRYWIDE'S EX PARTEAPPLlCATION
FOR AN ORDER SHORTENING TIME TO HEAR NON-PARTY COUNTRYWIDE
10
HOME LOANS, INC.'S MOTION FOR MONETARY SANCTIONS AGAINST
DEFENDANT JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007
11
III
PROTECTIVE ORDER AND FOR OTHER RELIEF
00
':I
C')
12
DECLARATION OF JENNA MOLDAWSKY IN SUPPORT OF COUNTRYWIDE HOME
o (;
o <l LOANS, INC.'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO
n.
C')
Ul Ol
0 13 HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST DEFENDANT
..J !: 0(
~> ~• ~0
JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007 PROTECTIVE ORDER
14
>
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.: .J-
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>- 0 • DECLARATION OF TODD A. BOOCK IN SUPPORT OF COUNTRYWIDE HOME
Il: '"
ID ID ~
.:
LOANS, INC.'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO
o Z 16 HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST DEFEl"JDANT
N ::E
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.: JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007 PROTECTIVE ORDER
I-
Z
17 AND FOR OTHER RELIEF
.:
III
18 personally by hand delivery, on each interested party in this action as follows:
19
Joseph Zernik D1\ID
DI\ID PhD
20 2415 Saint George Street
Los I'eliz, Califorma
California 90027
21
Executed on December 15,2008, at Santa Monica, California.
22
I declare under penalty of perjury under the laws of the State of California that the
23 foregoing is true and correct.
24
25 .JJerma Moldawsky
26
27
28
-93-
BRYAN CAVE LLP
John W. ~\mberg (C\ State Bar No. 108166)
2 Jenna Moldawsky (C-\ State Bar No. 246109)
Moldawskv (CA
120
120 Broadway,
Broad\vav, Suite
Swte 300
3 Santa 1Ionica,
Monica, California 90401-2386
Telephone: 310-576-2100
4 Facsimile: 310-576-2200
5
Attorneys for Non-Partv
Non-Party COUNTR1"WIDE HOME LOANS, INC.
6 - -
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
10
11
11
Nl\'IE S"\ T\L\.\N, et aI., Case No. SC087400
SC0874UO
12
Plaintiffs, PROOF OF SERVICE
13
[Filed concurrently with E.\: Parte Application;
14 Ys. Memorandum of Points and \uthoritics;
Moldawskv and Todd
Declarations of lenna Moldawsh
15 A. Boock and [proposed I Ordcr(
JOSEPH ZERNIK, et aI.
al.
16 Hearin~;
Ex Parte Hearing
Defendants. , o.ate:
.o.ate:
December 15, 2008
17 Time: 8:30 a.m.
~ _ _ _ _ _ _ _ _ _ _ _ _ _I Dept: WEJ
18
19
20
21
22
)'l
)"
_.J
24
25
26
27
28
2 I am employed in the County of Los Angeles, State of California. I am over the age of 18
".., 300. Santa
and not a party to the within action. My business address is 120 Broadway, Suite 300,
,) Monica, California 90401-2305.
4
On December 15, 2008, I served the document(s) described as,
a:s,
18
Joseph Zernik
7.ernik DMD
DI\ID PhD
19 2415 Saint George Street
Los f<'eliz,
[<'eliz, California 90027
20 Email: jz12345@earthlink.net
lz12345@earthlink.net
21 IZI
[8J (BY ELECTRONIC SERVICE) The document was served via electronic transfer
22 upon each party listed using their e-mail address as shown above.
?"
_J C8:J (BY MAIL) By placing a true copy (or original) of the foregoing document(s) in a
sealed envelope addressed to each interested party as set forth above, with postage thereon fully
24 prepaid. for collection and mailing at Bryan Cave LLP, Santa Monica, California. I am readily
familiar with Bryan Cave LLP's practice for collection and processing of correspondence for
25 practice. correspondence would be
mailing with the United States Postal Service. Under that practice,
26 deposited in the United States Postal Service on that same day in the ordinary course of business.
26
Executed on December 15,2008, at Santa Monica, California.
27
28
SMOIIDOCS'712696.2
SMO DOCS'712696.2 2
-95-
PROOF OF SERVICE
I1 declare under penalty of perjury
perjury under
under the
the laws
laws of
of the
the United
United States
States of
of America
America and
and the
the
1 State of California that the
the foregoing
foregoing is
is true
true and
and correct.
correct.
2
3 -------,,----::-::-:------._---
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Alexa Kim
Kim
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SMOIIDOCS\
DOCS\712696.2
7 J 2696.2 33
PROOF
PROOF OF
OF SERVICE
SERVICE
-96-