Digitally signed by

Joseph H Zernik
DN: cn=Joseph H Zernik,
o, ou,
email=jz12345@earthlink
.net, c=US
Location: La Verne,
California
1 David J. Pasternak, Bar No. 72201 Date: 2009.12.22 02:07:29
-08'00'

Receiver
2 1875 Century Park East, Suite 2200
Los Angeles, California 90067-2523
3 Telephone: 310.553.1500
Facsimile: 310.553.:540
4 E-·Mail: djp@paslaw . com

8 SUPERIOR COURT OF THE STATE OE' CAL I FORNIJI.

9 COUN'l'~lr o:r LOS ANG',ELES, WEST DISTRICT

10

11 NIVIE SAMAAN, an individual r CASE NO. SC 087 400

12 Plaintiff r HON. Tl~RRY FRIEDMAN

13 vs. RECEI~~R'S FOURTEENTH INTERIM

REPORT FOR THE MONTH OF
14 JOSEPH ZERNIK, an individual DECEMB]~R, 2008
and DOES 1 through 10,
15 inclusive, DEPT. J

16 Defendants.

17

18 Receiver David J. Pasternak hereby submits his Fourteenth

19 Interim Report for the month of December r 2008:

20 David J. Pasternak was appointed Receiver in thls matter on

21 November 9 r 2007 by Los Angeles Superior Court Judge John A .

22 Segal. The Receivership Order directed the Receiver to take

23 possession of the real property located at 320 South Peck Driver

24 Beverly Hills, California 90212 (the "Receivership Property")

2 ~)t" [Paragraph 3.b. of t.he Receivership Order], "to take all

26 necessary steps to sell the [Receivership] Property t.o

27 [Plaintiff] through the reactivated Escrow No. 1-34500-GH (the

20 "Escrow") at Mara Escrow Co." [Paragraph 3.g. of the Receivership

PASTERNAK. W:\7323S\OOOl\Receiver's Repo=ts\Recelver's 1
PASTERNAK
&PATION
Incerim Report 114.doc
RECEIVER'S FOURTEENTH INTERIM REPORT FOR TH2 MONTH Ot DECLM3E~, 2008
 1 Order], and to sign escrow documents for Defendant Joseph Zernik

2 if he fails to do so within three business days after the escrow

3 holder submits them to Zernik for signature [Paragraph 3.h. of

4 the Receivership Order] .

5 The Receiver posted his bond and filed his oath on November

6 13, 2007, and immediately thereafter began serving as the

7 Hecei ver in this matter. On November 21, 2007, the Receiver took

8 possession of the Re=eivership Property after having learned

9 earlier that day that Ze~nik had vacated the property.

10 After the Heceive~ was informed that Zernik had not

11 submitted various signed documents to escrow, the Receiver waited

12 for the three business days specified in the receivership order

13 to pass and thereafter signed and submitted all appropriate

14 documentation to escrow.

15 In early December 2007, Judge Patricia Collins heard and

16 granted the Receiver's ex parte application, issuing an order

1'7 approving escrow documentation ~3igned by the Receiver,

18 authorizing the Receiver to sign certain tax documentation in

19 connection with the escrow to avoid tax withholding, authorizing

20 the Receiver to enter into an indemnity agreement with Mara

21 Escrow, and restraining Zernik from direct communications with

')
2 .t. the escrow company, the title company, and a lender.

Escrow thereafter closed on December 17, 2007.

During March, the Receiver was served with a federal court

2 .)1" complaint filed by Zernik against the Receiver, a number of Los

26 Angeles Superior Court Judges, and others alleging various civil

27 rights violations (United States District Court Case No. CV08-

28 1550 GAF(man)). Zernik sought a temporary restraining order

W:\7J2J5\OOOl\Recelver's Reports\Pecelver's 2
Interim Report #14.doc
RECEIVER'S FOURTEEN~H INTERIM REPORT FOR THE MONTH OF DECEMBER, 2008
 1 restraining the Receiver from disbursing receivership funds in

2 accordance with this Co~rt's orders, which was denied after the

3 Receiver filed opposition to Zernik' s TRO application and filed a

4 motion to dismiss his federal court lawsuit. At the end of

5 December, the Receiver was still waiting for a ruling from the

6 federal court regarding the Receiver's motion to dismiss that

7 action. During December, the Receiver's office confirmed that

8 motion was still pending with the District Court.

9 During December, the Receiver received the Court's Order

10 awarding Plaintiff's post-judgment attorneys fees, and paid those

11 fee pursuant to the Court's Order.

12 As previously r€ported, this receivership now can terminate

13 after the federal court litigation ends.

14 A financial report detailing the funds collected and the

15 expenditures of this receivership estate for the month of

16 December, 2008 is attached as Exhibit 1. As detailed in that

17 financial report, during December the receivership estate earned

18 interest totaling $232.92, disbursed $64,047.86, and on December

19 31, 2008, the Receiver held $399,106.02 in this receivership

20 estate (which was almost $64,000 less than the receivership held

21. at the end of the preceding month) .

22 As previously reported, the receivership funds are held in a

23 market money account at The Private Bank, which is a bank located

2~! near the Receiver's off ice. The Receiver is a shareholder in

25 that publicly traded bank, and believes that he holds less than

26 0.1% of its outstanding stock. The Receiver has never served as

27 an attorney, officer, employee, or director of the bank.

28
W:\73235\OOOl\Recelver's Repo~t5\Receiver's 3
Interlm Report #14.doc
RECEIVER'S FOURTEENTH INTERIM REPORT FOR THE MONTH OF DECEMBER, 2008
 1 The Receiver's billing statement for the month of December,

2 2008 is attached as Exhibit 2. That billing statement totals

3 $1,362.78, and pursuant to the Receivership Orders issued in

4 this matter, the Receiver is paying that bill from the

5 receivership estate subject to future Court confirmation.

~LeGw\
6

7
DATED: January 14, 2009
8 David J. Pasternak
Receiver
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4
I~teri~ Report #14.doc
RECEIVER'S fOURTEENTH I~TERIM REPORT fOR THE MONTH OF DECEMBER, 2008
Exhibit 1
 DAVID J. PASTERNAK, RECEIVER
RECEIVERSHIP ESTATE FOR 320 S. PECK DRIVE
BUSINESS MONEY MARKET ACCOUNT
December 1, 200B through December 31, 2008

Date
-Num Name
BUSINESS MONEY MARKET ACCOUNT· THE PRIVATE BANK
12/02/08 107 Countrywide Home Loans
-.- alc~!12004040
Memo

Court Ordered Sanctions

Debit Credit

7,500.00
Balance
462,920.96
455,420.96
12/08/08 108 Pasternak, Pasternak & Patton October Receivership Fees/Costs 701.25 454,719.71
12/16/08 017 The Private Bank Wire Transfer Court Order Award N Samaan 55,821.61 398,89810
12/16/06 018 The Private Bank Wire Transfer Fee 25.00 398.87310
12131/08 019 The Private Bank Interest Income 232.92 399,10602
Total MONEY MARKET ACCOUNT - The Private Bank a/c#·t 200L 2004040 at DeCE!mber 31, 2008 232.92 64,047.86 399,106.02

/ , ,-
,...... .~ ,.~.
j -
LSK 1/14/2009
47600/0001
Exhibit 2
 PASTERNAK, PASTER.NAK & PATTON
A LAW CORPORAliON

CYNTHIA F PASTERNAK 1875 CEt~TUF:Y PARK EAST, SUITE 2200 TELEPHONE

DAVID J. PASTERNAK 3105531500
LOS ANGEll,ES CALn'OH.NIA B0067-:U')2:l
t
JOHN W PATION, JR. FACSIMILE
Email: PASFIRM@PASIAWCOM 3105531540

January 08, 2009

Court Appointed Receivership

Invoice No. 14354

Re: Nivie Samaan v. Joseph Zernik, et al.

Los Angeles County Superior Court Case No. SC087 400
Our File: 73235/0001
Professional Services Rendered Through: December 31, 2008
Professional Services

12/1/2008 Review/analysis of Zernik correspondence; telephone conference with

attorney M. Keshavarzi; review/analysis of and exchange miscellaneous
email
David J. Pasternak

12/3/2008 Review/analysis of Zernik corre:5pondence 0.10

David J. Pasternak

12/4/2008 Prepare monthly financial report. 0.40

Lisa Kalaydjian

ReView/analysis of October, 2008 financial report; preparation of Receiver's 0.50

October, 2008 interim report
David J. Pasternak

12/5/2008 Prepare/file/serve Receiver's Twelfth Interim Report. O.bO

Carolyn German

12/9/2008 Review/analysis of Zernik email re payment to Countrywide 0.10

David J. Pasternak

12/11/2008 Review/analysis of attorney J. Moldawsky correspondence re ex parte app; 0.10

exchange email re same
David J. Pasternak

12/12/2008 Review/analysis of Countrywide motion for order shortening time O. 'I 0

David J. Pasternak

12/15/2008 Review/analysis of Order grant'n~, Plaintiffs motion for post judgment O. 'I 0
attorney's fees; exchange email n3 same
David J Pasternak
PAs'rEHNAK, PAS'rERNAIC & pA':r'rON
A LAW CORPORATION

Court Appointed Receivership January 08, 2009 Page 2

Our File: 73235/0001 Professional SE~rvicl~s Rendered Through: December 31, 2008 Invoice No.: 14354

12/16/2008 Prepare wire transfer and send; Telephone conference with J. Lloyd.
Lisa Kalaydjian

Review/analysis of Zernik emailed documents 0.20

David J. Pasternak

12/20/2008 Review/analysis of Countrywide sanctions/contempt motion 0.20

David J. Pasternak

12/22/2008 Zernik v. Connor - Letter to Judge Woelrhle re status of Receiver's motion 0,20
to dismiss filed March 2008.
John W. Patton

Preparation of correspondence to U.S. Magistrate Phillips re pending 0.20

motion to dismiss Zernik complaint; conferences with JP re same
David J. Pasternak

12/31/2008 Record rent deposit and print supporting documentation; print tenant 0,70
statements; setup 1/09 rent roll.
Marcie Roman

Amount
Total Legal Services 4.00 $1,255.00

Tim:~keeper Summary
Name l::iours Rate Amount
David J. Pasternak 1.80 475.00 $855.00
John W. Patton 0.20 395.00 $79.00
Carolyn German 0.50 150.00 $75.00
Lisa Kalaydjian 0.80 185.00 $148.00
Marcie Roman 0.70 140.00 $98.00

Costs Advanced:

Facsimile 3.00
Mileage 38.61
ParkinglToll Charges 800
Photocopies 44.75
Postage 13.42
Total Costs Advanced $107.78

Total Amount of this Bill $1,362.78

Previous Balance $2,106.59

Balance due $3,469.37

 1 IIROOF OF SERVICE

2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

3 I am employed in the County of Los Ang,eles, State of California. I am over the age of
eighteen years and not a party to the within action; my business address is 1875 Century Park
4 East, Suite 2200, Los Angeles, California 90067·-2523.

5 On January 15,2009, ][ served the foregoing document described as RECEIVER'S

FOURTEENTH INTERIM RE~PORT FOR THE MONTH OF DECEMBER, 2008. all
6 interested parties in this action by plaeing true copies thereof enclosed in sealed e:nvelopes
addressed as follows:
7
SEE A1'1'ACHED LIST
8
~) BY MAIL: I caused such envelope to be deposited in the mail at Los Angeles, California.
9 The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with
this firm's practice of collection and processing correspondence for mailing. It is
10 deposited with the U.S. Postal Service on that same day in the ordinary course of business.
I am aware that on motion of the party served, service is presumed invalid if postal
11 cancellation date or postage meter date is more than I day after date of de:posit for mailing
in affidavit.
12
o BY FACSIMILE: At or before 5:00 p.m., I caused said document(s) to be transmitted by
13 facsimile. The telephone number of the sending facsimile machine was (310) 553-1540.
The name(s) and facsimile machine telephone number(s) of the person(s) served are set
14 forth in the service list. The document was transmitted by facsimile transmission, ,md the
sending facsimile machinle properly issue:d a transmission report confirming that the
15 transmission was complete and without error.

16 [J BY OVERNIGHT DELJlVERY: I deposited such document(s) in a box or other facility

regularly maintained by the overnight service carrier, or delivered such document(s) to a
17 courier or driver authorized by the overnight service carrier to receive documents, in an
envelope or package designated by the overnight service carrier with delivery fees paid or
18 provided for, addressed to the person(s) being served.

19 0 BY PERSONAL SERVICE:: I delivered such envelope(s) by hand to the office of the

person(s) being served.
20
o BY PERSONAL SERVICE:: I personally delivered such envelope(s) directly to the
21 person(s) being served.

22 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
23
Executed ou Jauuary 15,2009, at Los Augeles, califor~ .
24
25
26
C!~
C. German

27
28
PASTERNAK.
PASTERNAK
&PAITON
WI73235lPleadingslProof of Service LKS J 1-28-07.doc
 1 Nivie Samaan v. Joseph Zernik, etc., et al.
Los Angele~, COU/lty Superior Court Case No. SC 087400
2
Service List
3
4 Moe Keshavarzi, Esq. Counsel for Plaintif!, Nivie Samaan
Sheppard, Mullin, Richter & Hmnpton LLP
5 333 South Hope Street, 48th Floor
Los Angeles, CA 90071-1448
6 Telephone: 213.620.1780
Facsimile: 213.620.1398
7
8 John W. Amberg, Esq. Counseljor Non-Party,
Jenna Moldawsky, Esq. Countrywide Home Loans, Inc.
9 Bryan Cave LLP
120 Broadway, Suite 300
10 Santa Monica, CA 90401-2386
Telephone: 310.576.2100
11
Facsimile: 310.576.2200
12
Sanford Shatz, Esq. Counsel for Non-Party,
13 Todd A. Boock, Esq. Countrywide Home Loans, Inc.
Countrywide Home Loans, Inc.
14 5220 Las Virgenes Road, MS: AC-ll
15 Calabasas, CA 91302
Telephone: 818.871.6045
16 Facsimile: 818.871.4669
17 Joseph Zernik Defendant in Pro Per
In Pro Per
18 2415 Saint George Street
19 Los Feliz, CA 90027
Telephone: 310.435.9107
20 Facsimile: 801.998.0917
E-Mail: jzI2345@earthlink.net
21
Michael Wachtell, Esq. Counselfor Mara Escrow
22 Buchalter Nemer
1000 Wilshire Boulevard, Suite 1500
23 Los Angeles, California 90017-2457
Telephone: (213) 891-0700
24 Facsimile: 213.630.5760
25 E-Mail: mwachtell@buchalter.com
26 Kathryn E. DiCarlo, Esq. Attorney for ADR Services, Inc.
Cummings, McClorey, Davis, Acho & Associates, P.e.
27 3801 University Avenue, Suit(~ 560
Riverside, CA 9250 I
28 Telephone: 951.276.4420

PASTERNAK
PASTERNAK
&PATION W:\73235\Pleadings\Proofof Service LKS 11-28-07.doc 2