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BRYAN CAVE LLP

John W. Amberg (CA State Bar No.1No. 108166)


08166)
2 Jenna Moldawsky (C\ State Bar No. 246109)
Broadwav, Suite 300
120 Broadway,
3 lvloniGl, California 90401-2386
Santa i\IoniGl,
Telephone: 310-576-2lO0
4 Facsimile: 310-576-2200

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
<0
N/VIF
N IVIl<: S;\i\L\,\N, ct a!.,
aI., Case No. SCUR74()(l
SCU87400
00
00

C')
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12
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'" Plaintiffs, EX PARTE APPLlCATION
APPLICATION FOR
FOR AN
AN
o '! ORDER SHORTENING
SHORTENING TIME
TIME TO
TO
C') 0
C') 0 13
0. hi Ol
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0(
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
Z 0 <:
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>- 0
U
• 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
0: 0: <:
mm ~
16
PROTECTIVE ORDER
ORDER AND
AND FOR
FOR
o Z
Defendants. OTHER RELIEF
RELIEF ON
ON THE
THE EARLIEST
EARLIEST
-'" ::;:<:0
'" 0
POSSIBLE HEARING
<:
I-
I­ 17 HEARING DATE;
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

24 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:


RECORD:

25 '~"\SE T\KE ]\J<JTICl':


PI J,L"\SE ]\.i<JTICL that, on December 15, 20(IS,
200S, at
at 8:30
8:30 a.m.,
a.m., or
or as
as soon
soon
25
26 thereafter as they may be heard in Department \\lE.1
\\lEJ of the abm'e-captioned COllrt, located
abmoe-captioned COllrt, located at
at

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

DOCS 7 122XIJ ]]
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rx P,\RI
P,\RI I:r: AI'f'LllilTION
AI'['LllilTION
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-1-
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

55 why Defendant Joseph /~ernik


/~ernik should not be held in contempt and :;anctioned accordingly for

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

8 Count1):\vide in July 2008 (the" J\Motion").


Corpora tion, which merged with Count1)\vide lotion").

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
oo 0
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8, 20U9,
2009, which would provide the
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ZZ 00 '"'" 15 COOl! cause exist::;
COOlI exist:,; to grant this E\: PUl1e
PUl1e A.pplication because Countrywide's senior
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oo ZZ 16 officers and employees continue to be the targets of a campaign of haraSSfrlent
haraSSfnent by !'ernik,
NN 00
~
~ ~
~

'Z"Z
>->- 17 despite the issuance of a protecriw'
proteeri\'e order directing /ernik
I'.ernik to communicatt
communicate soleh· with
'"
lJ)
lJ)

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 .

20 thirteen separate acts of contempt


contempt for violations of a lawful
lawful court order. .\s recently as

21 <), 2008, lernik


December <J, direerly to officers and emplovee~
I:ernik sent three emails directly emplovee~ of

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

27 demands That he do so. \X!ithout timely


timelv court intervention, Zernik\ tlagrant
.i.i
tlagrant \\iolations
'-'­
lOlations are
arc

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.

4 f\S of Jenna Moldawsky,


[\s set forth in the Declaration ofJ Molda\vsky, timely notice of this E" Parte

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.

7 time and place for the presentment of this f\pplication,


i\pplication, and the nature of the relief to be

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

11 ,\uthorities, the Declaratlons of.lenna T\loldawsky and Todd J\'


J\. Boock and [proposed]
IProposedl Order
III

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N 12 submitted concurrently herewith, on all pleadings, records and papers already on file in this
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13 action, and on such othel"
othel' and further e\,idcncc presented at the hearing on this E.\;
C\·idencc as may be prescnted l:x
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~ ~ ~ 14 !Jrll"le ,\pplication.

!Jill"fe .\ pplication.
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l:-) BRYX\l c.\ VI,:
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John w. r'~sll'
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17 Jenna 1'\101dawsky, r'~SlJ'
i\lo1dawsky, r'~seJ'
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18

19 By:
Bv: '-..:~ \.J\loJdawsh
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ql na J\loldawsh
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20 ,\ttor~1cys for Non-Pany


l\ttorneys Non-Pa~ly !..
COUNTR\'WIDf·: 1-101\[1':
COUNTRY\X1IDI,: H01\[l·: L().\N~,
L().\N~, lNC.
21
22

23
24
25
26
27

28
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1\ 1( 111 )( )("7122 XU II

f-\ P\I{
r\ P\Rlf ,\PI'11C-\T!ON
IF M'I'IIC".TlON
-3-
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

4 order shortening time to hear Countrywide's


Countrywide's Motion
Motion for
for sanctions
sanctions f,Jr
f,Jr violations
violations of
of the
the July
July

5 23, 2007 protective order and for other


other relief
relief (the
(the "Motion")
"Motion") because
because Defendant
Defendant Joseph
Joseph

6 Zernik ("Zernik") continues to violate


violate the
the July 23, 2007
July 23, 2007 protective
protective order
order (the
(the "Court
"Court Order"),
Order"),

7 and Countrywide wishes to


to resolve
resolve this
this matter.
matter. Specifically,
Specifically, Countrywide
Countrywide requests
requests that
that the
the

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

9 ofJal11Jary 8, 2009, which would


set a hearing date ofJa01Jary would provide
provide all
all partie:,
partie:, with
with sixteen
sixteen court-days'
court-days'

]0 nouce.
notIce.

1I ,\s the Court is a\vare, Countrywide is not and


and has
has ne\'er
never been
been aa parry to this
parry to this aclion.
action.

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l')

':"
]2 Countrywide was simply a third-party document subpoena
subpoena recipient
recipient which
which has
has been
been subjected
subjected
o
o
0<t
l') 0 13 to a campaign of harassrnent by !.ernik
I'.ernik because Countrywide's
Countrywide's production
production of
of documents
documents did
did
a. '" Ol
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~> ~. ~0 14 not
nor support /.crnik's
/.ernik's skC\ved view of his case. .\
.\ protectivc
protective order
order directing
directing /.ernik
/.ernik to
to
.. >- Ie
U ~ ::;
Z 0 ..
.. .. u 15 communicate solely with Countrywide's designated counsel and
and no
no other
other officers
officers or
or
>- 0
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ex: a::
m m ':!':!
o Z 16 employees regarding the present action was issued onJuly 23, 2007
2007 (the
(the "Court
"Court Order").
Order"). !"ell'
!"elf
- ::;:...
N 0

f-
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,

2()(J8, the Court found /.ernik


20 2008, /.crnik to be guilty of thirteen separate acts of contempt
contempt for
for violation
violation

~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

25 his efforrs: Zernik sent three emails to Countrnvide officers aml


efforts: on December 9, 2008, !'ernik and

26 employees regarding the present action, demanding responses to his communications,

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

28 , \'Ou can go 011 (Sec Exhibit (3


on with this fraud?" (See G to ,\loJdawsh Oed) Further, following Bank
Bank

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

5 an affiliate of Countrywide and should be entitled to the same protections as Countrywide

6 under the Court Order. Countrywide has repeatedly requested that Zernik communicate solely

7 with counsel but to no avail.

8 onl\' continue
\'Vithout timely court intervention, this outrageous behavior will onlv

9 unabated. \ccordingly, Countrywide respectfully requests that the Court gram


granr its ,\ppl1cation
j\ppl1cation

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

III
ll)

ll)
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N

N 12 the panics with the statuwrily prescribed sixteen court-days' notice.


0

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<'l 13 II. BACKGROUND
FACTUAL BACKGROUND

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14 pcn'asive harassment h:1\e
The underlying facts of Zernik's pervasive ha\c been addressed in detail in
~~ ,:
; ~~
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ZZ 00 "'" 15 ,\s the Court
prior pleadings. j\s Coun is aware, as a result of Zernik's unrelenting harassment and
">-'">- "0'"0 U
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a:a: [lla:a: "'"
III III ':!
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16 Countrywide's officers and employees, Countrywide \vas
abuse of Countrywide'S was forced to mllve
111' I\"(' for a
N
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::;:

".'"..

ZZ
17 narrowly-tailored "so 1c Iv with

narrowl v- tailored protective order directing Zernik to communicate "so!clv with


"'"
Ul
Ul
18 emplovees regarding
Countrywide's designated counsel and no other Countrywide officers or employees

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)

24 Since ..11 uk 23, 2(


21 )07,
j()7. Zernik has repeatedly violated the terms of the Court Urder,

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
f:.\ P
E\ \RTI ..\I)PIIC:\TI01\
f' \RTI .\I)F'L leA TIO]';
-5-
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
ro
C')
~ 12 l/urther,
l;urther, /'ernik
Zernik has begun harassing employees and officers of Bank of i\merica,
o
o
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n. w
C') 0
0\
13 which merged with Countrywide in July 2008. On December 3, 2008, /'ernik
lernik sent a leaer
[eHer to
...J !: <
~ ~ ~ 14 Kenneth D. Lewis, Chairman, Chief Executive Officer and President of Bank of .\merica
,\merica
> . 0
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Corporation, and Teresa 1\1. Brenner, .\ssociate Ceneral
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III III ~
o 0z 16 cnclosing
enclosing a "press release" allegcdly
allegedly outlining "Countrywide's involvement in a dubious Los
~ ~
'>-z>"- 17 \ngeles Superior Court case" and demanding "immediate action to mitigate Ihisl damages."
'"
Ul

1R
IS (lJ.i at ~I 7, Ex.
[~x. rII.)
L)

19 (1) December 8, 2U08, .\merica 's Legal


:ZUOS, Zernik called Phillip Wert?: of Bank of .\merica's I,egal

20 Department claiming
c1aimingr that he had "uncm'ered
,, LL
"uncovered fraud" at Countrywide in connection with the
,01

21 presentactiun. (Declaration of Todd i\. Boock ("Boock Decl.") at ~I 2.) On December 9,

22 2UU8, /'ernik faxed a lcttlf to Timothy !\layopoulos,


i\layopoulos, 1':xecu6"c
1':xecutive Vice President and Ceneral

23 Counsel of Bank of :\merica,


;\merica, requesting that Countrywide withdraw "fraudulent records

24 production~ that \vere replete


produced bv Countrywide Home Loans as part of subpoena productions

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)

28 ~1.merica emplorees requesting


TIle same day, Zcrnik sent a letter to se\"eral Bank of :\merica
\"-1111/)(ll
,,"-1111 DUl \7122S0.1
"7122S0.1 6

-6-
"immediate intervention and curbing of Sandor Samuels." (ld. at ~~ 9, Ex. J.) He
He claims
claims that
that

2 he is writing to "inform" Bank of America of "my abuse at the hands of Countrywide."


Countrywide." (ld.)
(ld.)

3 III. ARGUMENT

4 A. Good Cause Exists to Grant The Requested Relid

5 Good cause exists for the Court to order Countrywide's 1\10tion to be heard
heard on
on the
the

6 earliest possible hearing date. A Countrywide to


A hearing date at a later juncture would force Countrywide to

7 continue to be subjected to Zernik's harassment with no official


official recourse. I t is
is clear
clear that,
that,

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

10 , his actions any


ceasing an\, time soon.
~

II ]<'urthcr, /'ernik's harassment has expanded beyond Countrywide oftlcers


l"urther, onlcers and
and
<Jl
(l)
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N 12 employees and he is nmv also targeting Bank of America officers and
emplovees employees. ~ince
and employees. ~ince these
these
o ;;
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13 00 f-flcers and employees arc arguably not covered under the scope of the Court
Court Order,
Order, itit isis
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~ ~ ~ 14 clear that /ernik is rneling in his consequence-free behavior. Once Counrrywide's


Counrrywide's i\lotion
1\10110n is
is
~ ~ ~
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Z 0 '" 15 heard and the requested relief is granted, it is Countrywide's hope that
that itit will no
no longer
longer be
be
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o Z 16 subjected to !'ernik's harassment and will have the Court's approval to refrain
refrain from
from engaging
engaging
N 0
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f- 17 !'ernik in a continued debate.
'"
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18 ,\dditionally, no party will suffer any prejudice as a result of a shortened


shortened notice
notlce hearing
hearing

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.

25 B. In The Alternative, The Court Should Order A Hearing Date


Date of
of

26 January 8. 2009

27 rfr the Court is not inclined to schedule a hearing on Countrnvide's ;\lotion


;\lotlon for
for the
the

28 earliest possible date, Countrywide


COUI1t0'\\1de requests that the Court schedule the ,\lotion to be
>\lotion to be heard
heard

<; \10 ID()CS7!2280.!


S\1U IJ)()CS7!2280.! 7
-~~~-I'\
-~~~-I'\ PARTI
PARTI \PI'I
.\1'1'[ 1('/\TION
leATION
-7-
on January 8,2009, which would provide all parties with the statutorily prescribed sixteen

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.

8 Dated: December 12, 2008 BRY"\N CAVE LLP LLP

John W. j-\mberg,
f\mberg, Esq.
Esq.

9 sq.

Jenna Moldawsky, 1-<: sq.


10
10

11 By: _y {I., t\.£1,


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-8-
//

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
lD
lD
aI.,
NIVIL S"\\L\,\N, ct al., SC0874(J()
Case No. SC0874(JO
00
00
(')
(')
~ 12
00
~ Plaintiffs,
Plainti ffs, DECLARATION OF TODD A. BOOCK
00
0'1
0'1
"'0
"'0 13 IN SUPPORT OF COUNTRYWIDE
lL
lL
..J
..J
W
W (J)
!:
!:
(J)
<:
<:
HOME LOANS, INC.'S EX PARTE
~~ ~~ ~~ 14 \'s. APPLICATION FOR AN ORDER
~~ ;; ~~ SHORTENING TIME TO HEAR
U ~~ ::;::;
U
COUNTRYWIDE'S MOTION FOR
Z
Z 00 ""
""
""
>-"" "" U
>­ 0""
It
0 U..
It ""
SANCTIONS AGAINST DEFENDANT
It It ~
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CD
CD CD
CD ~
oo Z
Z
16 JOSEPH ZERNIK FOR VIOLATIONS
-~
N
N 00
~
Defendants. OF THE JULY 23, 2007 PROTECTIVE
....""....""
ZZ
17 ORDERANDFOROTHERREUEF
"
( j)
(j)
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
\j()/JlA\\\\Sf..:
Sf-.: yY/:'J/N"I"IPPORl
PPORTOF OF
CU/;!\TR n\J IDE
C()[;!'\TRn\ DC 'i~II\ \ /'\Inl
/'\Inl ,\1'1'1,\PPlllA I()~
IlA I IIOhi
-9-
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 tor Countrywide Home Loans, Inc.

Attorneys Inc.
6
6

8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
10

11 NIVIL Si\J\L\"\N, et a!., SC:O~7 4(j(J


N o. SCOR7400
Case No.
Ca::;e
to
to

co
00

C'l
<'l
N
':l 12 Plaintiffs, [PROPOSED] ORDER GRANTING
o ;; COUNTRYWIDE'S EX PARTE
o <t~
C'l 0
<'l
lL W
lL W Ol
Ol
13 APPLICATION FOR AN ORDER
-I ~~ 0(
\" s.
vs. SHORTENING TIME TO HEAR
~ ~ ~ 14 NON-PARTY COUNTRYWIDE HOME
~ ;e
u ~ ::; LOANS, INC.'S MOTION FOR
Z
"'
>- "'
0
0 U.
"'
MONETARY SANCTIONS AGAINST
0: 0:
!D !D ~
"' DEFENDANT JOSEPH ZERNIK FOR
oZ 16
J6 Defendants.
l)efendants. JlJLY 23,2007
VIOLATIONS OF THE JULY
N
N
_ 0
:f:
PROTECTIVE ORDER AND FOR
"'Z
I-
I­ 17 OTHER RELIEF
"'
1fI
18 with Lx
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

2 should not be held in contempt and sanctioned accordingly


accordingly for
for his
his continued
continued violations
violations of
of the
the

3 Court Order; and (3) for a modification of the Court


Court Order
Order to
to include
include officers
officers and
and employees
employees

4 of all Countrywide affiliates, including Bank Of America


America Corporation,
Corporation, which
which acquired
acquired

5 Countrywide in July 20118


2008 (the ",\pplication")
""\pplication") came
came before
before the
the Honorable Terry B.
Honorable Terry B. Friedman
Friedman

6 in Department WEJ of the Los Angeles Superior


Superior Court,
Court, West
West District,
District, on December 15,
on December 15,
7 2()08.

8 Having read and considered the ,\pplication


,\pplication and
and all
all papers
papers submitted
submitted in
in support
support

9 thereof and in opposition thereto, and


and ha\'ing
having heard
heard and
and considered
considered the
the argument
argument of
of counsel,
counsel,

10 and good cause appearing,

11 THE COURT ORDJ<:R~


'1'111,: ORDLR~ THAT:
\0
co
co

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:

'" '"00 U..


>-
'" ''"" '"
'" toto ':!':!
to
to
16
J-lon. Terry B.
J-lon. Terrv B. h-icdman
h-icdman
o Z
-
N
N 0
0
~
Judge,
Judge, Superior Court of
Superior Court of California
California
'f'""-
f­ 17
Z
Z ~ubmitted by:
Prepared and submitted by:

''""

l/l
l/l
IX
ImY.\N
BRY.\N C\ VI,:\'F LLPLLP

J,) John \V_ \mbcrg


\mberg (C \ State Bar No. 1(8166)1081(6)

;\loldaw~h (C\ State Bar No. 24(J1()9)


Jenna ;\loldawsh 2461ll9)

20 12()
12ll Broadwav,
Broadway, Suite 3tH)
3tH)

Santa ;\lonica, California ')0401-2.)8()


')0401-238C)

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:

2 1. I am an attorney licensed to practice law in California. I am an associate in the

3 counsel of record for non-party Countrywide Home Loans, Inc.


law firm of Bryan en"e I J ,P, counse!

4 ("Countrywide"). 1L han~ personal knowledge of the facts set forth 1n


lt1 this Declaration, and if

5 called to testify, 1 competently to such facts.


I could testify comretently

6 On\ uh' :2\ :2007, in response


Onl to I:ernik \;
Defendant Joseph ;:ernik \ ("h.:rnik")

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

10 C:ountry'\vide officers or employees (the "Coun


action and no other C:ount!J'\vide "COUrT Order"). I was present at

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-
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

20 awarding sanctions is attached hereto as Exhibit A..

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

23 contempt judgment is attached hereto as Exhibit B.

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.

2 (l. On December 9,2008, Zernik sent three emails to i\lr. Samuels


Samueb and another

3 Countr\\\'ide employee, i\[aria i\1cLaurin,


i'-1cLaurin, regarding the present action ..\ true and corren
correct

4 COP\' of these email are attached hereto as Exhibits E, F & C.

5 7. Zernik has also begun harassing employees and offi(l~rs of Ban


/'ernik Bankk of.\merica,
of .\merica,

6 whIch merged with Countr\\vide in July 200k.


20Uk. On December'), 200k,
20015, J:ernik
Zernik sent a letter to

7 Kenneth D. I,ewis, Chairman, Chief Executiyc Officer and PreSIdent


President of Bank of
of. \merica

8 Corporation, and Teresa ,\1. Brenner, !\ssociate


[\ssociate General Counsel [nr
for Rank
Bank of
of,.\merica,
\merica,
9 enclosing a "press relcl~,e"
relea~:e" allegedly outlining "Countrywide's invol\'(~menr
invol\'(~ment in a dubious I,os

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

':I 12 k. On December 9, 200k, Zernik faxed a letter to Timothy i\1:lyopou]os,


9,20015, i\I:1yopou]os,
o ;;
o <t
Q.
C'1 0
w m
13 JJ ':xecutiH' Vice President and General Coun~cl
Counsel of Bank of ,\merica, reguesting that
-.J ~ 0{

~ ~ ~ 14 Countrywide withdraw "fraudulent records produced


produced by Countr)\vlde ]I rome I.oans
I,oans as part of
> '0
<: r IL
U <: -­
~ .J
Z 0 <:
<: <: U
15 subpoena productions that were replete with fraudulent
fraudulcnt records, and which tried to entirely
r 0
0:: 0:: ..{
III III ~
o Z 16 ~amaan's fraudulcnt
fabricate Samaan's fraudulent loan applications." /'ernik
Zernik also demands a response fortn
forrn Mr.
C\I 0
_ ::1:
<:
f-

Z
17 i'vlayopou]os i\ true and correct copy of the email i~;
i'vIayopoulos by Wednesday, December 10,2008. ,\ i~:
<:
<:

[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

20 re<.Juesting "immediate intervention and curbing of Sandor Samuels." He claims that he is


re<.juesting

21
21 \\Titing to "inform" Bank of i\merica of "my abuse at the hands of Countrywide." ,\ true and

22 correct copy of the letter is attached hereto as Exhibit J.

23 10. On December 11,2008, I gave notice of this Ex Parte Appucation


Application to Defendant

Nivie Samaan, Robert J. Shulkin,


24 Joseph Zernik, 1\loe Keshavarzi, attorney for Plaintiff 0Jivie
25 attorney for Cross-Defendant Coldwell Banker, and appointed receiver David J. Pasternak via

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

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17
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19

20

21

22

23
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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

Byl C-llron, Deputy


oo

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA


9 FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
10
11 NIVIE SAMAAN, et al., Case No. SC087400

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

3 Pasternak and Moe Keshavarzi of Sheppard Mullin Richter & Hampton


Hampton LLP,
LLP, counsel
counsel for
for

4 Plaintiff Nivie Samaan.

5 Having read and considered the Motion and all papers submitted in
papers submitted in support
support thereof
thereof

6 and in opposition thereto, and having heard and considered


considered the
the argument
argument of
of counsel
counsel and
and

7 DefendantJoseph Zernik, and good cause appearing therefor,


therefor,

8 THE COURT FINDS THAT:


99 1. lbe Protective Order issued by the Honorable Jacqueline
Jacqueline Connor
Connor on
on July
July 23,2007
23,2007 (the
(the

10 "Protective Order') is a valid order and the Coun was


was authorized
authorized to
to gram
gram the
the

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

15 3. Countrywide presented sufficient evidence that Defendant


Defendant Joseph
Joseph Zernik
Zernik violated
violated the
the

16 Protective Order and should be sanctioned.

17 IT IS SPECIFICALLY ORDERED THAT:


18 1.
1. Defendant Joseph Zernik is to pay Countrywide (through
(through Countrywide's
Countrywide's attorneys
attorneys of
of

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

20 that Zernik fails to pay these sanctions to Countrywide,


Countrywide, the
the Receiver
Receiver in
in this
this matter,
matter,

21
21 David J. Pasternak, is authorized to pay the sanctions to Countrywide
sanctions to Countrywide from
from the
the

22 Receiver's fund upon notice to the Receiver and DefendantJoseph


DefendantJoseph Zemik
Zemik by
by

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

2 cause why he should not be held in contempt


contempt of
of court
court and
and sanctioned
sanctioned for
for violating
violating the
the

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

9 Prepared and submitted by:

10 BRYAN CAVE LLP


IIII John W. Amberg (CA State Bar No. 1081(6)
Jenna Moldawsky (CA
(CA Stare Bar No. 24(109)
:g 12 120 Broadway, Suite 300
~ Santa Monica, California 90401-2386
80 13 Telephone: (310) 576-21100
S~g Facsimile: (310) 576-2200
~~~ 14
~ ~g
~ ?; l3 15 Attorneys for Countrywide I1lome Loans, Inc.
'"~El'l
'" .
alal c
~~ 16
16
c'"
~ 17

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'

Cc: Amberg, John W.


W.

Subject: Zernik: Signed/Conformed Order re: motion for sanctions


sanctions

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.

6 By J. Citron, Deputy ;/'

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA


9 FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
10
NIVIE SAMAAN Case No. SC087400
II
Phintiff,
12
. ~ JUDGMENT RE:
CONTEMPT
13

14 I DATE: March 7, 2008


JOSEI'll ZERNIK, TIME: a,m.
9:30 a.m.
15
DEPT: J.I
16 ----
­ Defendant.

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

2 proceedings and informed the Court that he would not appear.


3 IT IS HEREBY ORDERED, DECREED AND ADJUDGED THAT:
4 I.
1. Defendant Joseph Zernik had actual knowledge of the
the contempt
contempt proceedings,
proceedings,

5 and was properly served with the Order to Show Cause


Cause re:
re: Contempt,
Contempt, and
and

6 chose not to appear or present evidence in his defense;


defense;

7 2. The Protective Order entered on July 23, 2007 by the


the Honorable
Honorable JJacqueline
acguelinc

8 Connor is valid and enforceable;

9 ). Defendant Joseph Zernik had actual


actual nOUce
notice of the Protective
Protective Order
Order as
as uf
ofJuly
July

10 23,2007,
23, 2007, as /emik
Zernik was present at the July 23, 2007 hearing
hearing granting
granting the
the

II Protective Order and submitted on the record to the Tentative Ruling


Ruling granung
granung
1D
1D

OCI
OCI
12 the Protective Order. Zernik was also repeatedly reminded
reminded of the terms
tenl1S anJ
and
'"
';'
';'

o~
o ~

",,,
00
0 0

13 conditions of the Protective Order by Countrywide's counsel and was


was served
served
~~~
J.~
::J.~

.......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

18 ZerOlk's numerous communications that were made to Countrywide's


Zernik's Countrywide's counsel
counsel

19 of record. Zernik, however, chose to repeatedly communicate with

20 Countrywide officers and employces


employees that wcre
were not designated counsels
counsels of
of

21 record;

22 S. The Court finds that Defendant Joseph Zernik


Zemik committed thirteen (13) separate
separate

23 acts of contempt by willfully VIOlating the Court's July n, 2007 Protective


2}, Protective

24 Order directing Zernik to communicate solely with CountryWide's


CountryWIde's designated
25 counsel and no other officers or employees regarding the present action;

26 6. The repetition of Defendant Joseph Zernik's violations of the Protective Order

27 is evidence of the willfulness of his violations; Zernik's violations of the

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

2 admitted the existence of the Protective Order;

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

6 Procedure Secuon imposed on aa graduated


Section 1218(a). The fine is unposed graduated scale
scale -- 7emik
7emik

7 violation of the Protective Order,


is not fined for his initial Violation Order, but
but is
is fined
fined $100
$100 for
for

8 thereafter, he
his second violation. For each subsequent violation thereafter, he isis fined
fined an
an

9 addiuonal 12th, and


adclitional $100. Zernik is fined $1,000 for the 11 th, 12th, and 13th
13th violation,
violation,

10 for a total of $7,500;

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:

24 BRYAN CAVE LLP LLP

John W. Amberg (C\ State Bar No. 108166)


108166)

25 cnna Moldawky (C1\ State Bar No. 246109)


J enna 246109)

120 Broadway, Suite 300


300

26 Santa Monica, California 90401-2386


90401-2386

Telephone: (310) 576-2100


576-2100

27 Facsunile: (310) 576-2200


576-2200

27

Attorneys for Countrywide Home Loans, Inc.


Inc.

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:

66 Moe Keshavarzl, Esq. Joseph


Joseph Zemik
Zemik
Sheppard Mullin RlChter
Richter & Hampton, LLP
LI.1' 2415 Saint George Street
Street
7 333 South Hope Street, 48th Floor Los FelIZ,
Feliz, California 90027
Los Angeles, CA 90071-'1448
90071 "1448 Telephone: (310) 435-9107
8 Facsimile:
FaCSImIle: 213-620- 1398
U98 Facsimile: (801) 998-0917
9 mkeshavarziCa),sheppardmullin.com
mkes l1a va rziCa),sheppardn1l1l1in .com jjzz 12345@earrhltnk.net
12345@canhltnk.nct

10 Robert J. Shulkin, Esq.


David J. Pasternak Legal Department
11
I I Pasternak, Pasternak & Patton, Ll ,p
.1' Coldwell Banker Residential Brokerage Company
th
<D
<D
<0 12
1875 Century Park East, Suite 2200 11611 San Vicente Boulevard, 99th floor
<0
n
<'> Los Angeles, California 90067 -2523

90067-2523 Los Angeles, CA 90049


o~
o~
0

00 0
<,>V

n'"
'" 13

13 Telephone: 310-553-1500 Facsimile: 310-447-1902


~~~ Facsimile: 310-5531540
310-553 1540 robert._slLulianCw,camoves.con1
robert._slLul!w}@camoves.conl
~ oo·~ 14 dIP@pas]a\\,.com
dIP@paslaw.colll
~ ~g:>',2
U~ro
U;;ro
c-oU
c-aU
co co
<1l <1l 15
~oni
~oro
QJcC~
0
000 16 [8J (BY OVERNITE EXPRESS) I deposited ill ill a box or other facility mawtarned
maintained by
~2
co
<1l
Overnite Express, an express carner service, or delivered to a courier or driver authorized by saId
said
C
co
<1l 17 express carrier service to receive
servIce receIve documents, a true copy (or original) of the foregoing document, lfl
111
VJ
Vl
an envelope designated by sald express service carrier, with delivery fees paid or provided for.
18
Executed
Execllted on March
Match 11, 2008, at Santa Monica, California.
19
I declare under penalty of perjury under the laws of the United States of America
20 and
the State of California that the foregoing is true and correct.
21
22 7-------~~
---cr-:....-'=---+--------­ --­
23
24

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>

from: < \Z 12345@earthlink.net>


<MKeshavarzl@sheppardmullin.com>; D. Brett Bianco <BBiancol~-YLASuperiorCourt.org>;

To: Moe [(eshavarzi <MKeshavarzi@sheppardmullin.com>; <BBlancol~'YLASuperi()rCourt.org>;


sarah overton <soverton@cmda-law.com>;
<" soverton@cmda-law.com>; kdicarlo@cmda ·[aw.com <kdicarlo(~cmda
kdicarlo@cmda-law.com <kdicarlo(~cmda-bw.col1l>;
-law.com>;

martin_berg@dailYloumal.com <martin_berg@datlyjoumal.com>; Paul Malm~glo

martin_berg@datlYJournaLcom <martin_berg@dailyjoumal.com>; Malm~glo


<PMabngagio(@,sheppardmullin.com>;
<PMaltngagio(@,sheppardmullin.com>; Amherg, John W; amayorkas(a)omm.com <amavorkasCr!:ommcom>; Van
Van
Cleve, Peter D; David JJ Pastem:l.k <·jwP@P3.slaw.com>; tm(lx@~heppardmullin.com

Pasterm.k <·jwP@p3.slaw.com>; tm(lx@~heppardffiullin.coffi


< ullax@shcppardmullin.com,>;
ullax@sherpardmullin.com,>; angelo_mozilo@countrywlde.com
angc10_ffiozilo@countrywldc.com <angelo_mozllo@collntrywlde.com>;

< 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

To whom it may concern:

concern:

RE: Notice of Ex Parte racketeering under guise of litigation in LA Superior Court


Part.e Appearance, and racket.eering

COtTInlurucation:; below, forwarded by email, by fax, or by certified overnight mail to the


Please t.ake notice of cotnnlurucatiOl1s
following:

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:

- would they finally allow me access to my own litigation records~

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

~. do the readers know of the duplicitous role of thiS


thlS newspaper?
. would he con finn or deny some of the fraudulent features of Sustain list,~d 111 the attached
document>

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

perpetrators of frauds in the millions of dollars agalIlst Inwviduats,


Individuals, in
1Il trilJiom
tnJJiom of dollars against ,he
the
I J.S. government..

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

Court·- LA County, describmg


Attached is a record titled: Unpublished Rules of Court dcscribmg some of the frauds related to the
tile
operation of Sustain as the case management system in the court. The core of the evidence is a table at the end of
the document, comparing the "Date Minutes Entered" in the paper court file ve::sion of the Minutes and the
electronic court file version of the minute (which is off limits to the public).
The document is incomplete, but 1I attached it for expediency sake. It can also be found at:
http://inproperinla.com/.OHeading-076-la-sup-ct-civil-unpublished-rules-of-court-sopel
http://inproperinla.com/.OHeading-076-la-sup-ct-civil-unpublished-rules-of-court-s.pdff . i.i'
<http://inproperinla.com/.OHeading-076-la-sup-ct-civil-unpublished-rules-of~CDurt-s.pdf>
<http://inproperinla.com/.OHeading-076-la-sup-et-civilunpublished-rules-of-CDurt-s.pdf> 'The "The onlme verSIOn f
would be completed in the next few days. Ibe The date of the version appears in th~ digital signature at upper nght of

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

<http://inproperinJa.com/OO-OO-OO~la-sup-ct-transcripts-samaan-v-zernik-doc-58-s.pdf> 3) Even had there been


<http://inproperinla.com/OO-OO-OO.!a-sup-ct-transcripts-samaan-v-zernik-doc-58-s.pdf>
an entered Judgment in this case, it would have been VOId, not voidable, based on various autl10nties allthomies communicated
conununicatcd
to you in the past, pnmarily
\l1 tl1e prunaruy based on frauds by you, by Samaan, by Countrywide, and by severalludges, that wcre were
the foundation for such purported Judgment. Some of these frauds were by now certIfied certified by fraud experts, and
other arc clear on their face:
http://inproperinla.com/04-09-07 .samaan-s-prcqual1fication-letter.pd
http://inproperinla.com/04-09-07· samaan-s-prequalification-letter. pd f
http://in[Jropcrinla.com/04-09
< http:// in rroperinla.com/04-09 -07· samaan-s ~prequalification-Ietter.pdf> http:/ I! inprop'~
~07 ~ samaan-s·prequalification-letter.pdf> Inpro[J~ nnla.com/0409-07
nnla.com/0409-07­~
opimon -Ie ttcr-fraud -lll-prequalificaion-letter%5
opiruon -letter-fraud -m-prequalificaion-lett er%5 Bs%5D.pd f
http://inpropcrinla.com/04-09-07~opiruon-letter-fraud-lIl-prequalificalon-letter%5
< http://inproperinla.com/04-09 -07·opiruon-letter-fraud-m-prequalificalon-Ietter%5 gs% U. [Jdf>
Hs% 'i [). pdf>
http://inpropcnnla.com/04-1 025 doc-4
http://inproperinla.com/04-1 doc -4 5-countrywide- fraud-contract -record. pd f
fraud-contract·record.pdf
<http://l11properinla.com/04-1 ~25·doc-45-collntrywide-£raud-contract -record.
<http://lIlproperinla.com/04-1 0 .2S·doc-45-countrywide-fraud-contract pdf>
·record.pdf>
http://inpropennla.com/04-09 -27 -doc-40-samaan-fraudulent-loan -appl1canons-s.
http://inproperinla.com/04-09 -appllCations-s. pdf
< http://inproperinla.com/04-09-27·doc-40·samaan-fraudulent
http://inproperinla.com/04-09 -27 doc-40-samaan-fraudulent -loan -applications-so pdf>
-loan·applications-s.
http://inpropennla.com/04-09 -27 -opinion-letter-fraud-in-loan-applications -signature%S E>s'%5 D.
-opinion-letter-fraud-in-loan-applicarions-signature%S pdf
D .pdf
http://inproperinla. coml 04-09 -27 -opinion -letter-fraud -10
< http://inproperinla.com/04-09-27·opinion-letter-fraud -LD -loan-applications-sigoature%5Bs%5 D. pd f>
-loan-applications-sigoature%5Bs%SD.
http://inproperinla.com/04 -1 0 26-doc-44-countrywide- fraud -underwriting-letter.pdf
http://inproperinla.com/04-10-26-doc-44-countrywide-fraud-underwriting-letter.pdf
<http://inproperinla.com/04-10-26-doc-44-countrywide-fraud-underwriting-Iett,~r.pdf>
< http://inproperinla.com/04-1 0-26.doc-44-countrywide-fraud-underwriting-Ietter.pdf>
http://inproperinla.com/ 04-10-26-opinion-lettercountrywide-underwriting-Iette
04-1 0-26-opinion-Iettercountrywide-underwriting-Iette r-oct-26 %5 Bs%5D.pdf
r-oct-26%5Bs%5D.pdf
< http://inproperinla.com/ 04-1 04-100-26-opinion-letter-countrywide-underwriting-lener-oct-L:6
-26.opinion-letter-countrywide-underwriting-lenet-oct-26% % 5£Is %50.pdf>
5Bs%5D.pdf>
http:// inproperinlacom/04-10- 2S-coUIltrywide-adulterated-branch-input-exception-request-s.
http://inproperinla.com/04-10- 25-countrywide-adulterated-branch-input-exception-request-s. pdf

-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.

Withdrawal is demanded of any furd1er acUon


action in Samaan vV Zernik, as well as response to previous demands for
mitigating damages by payment for unlawful occupancy and immediate vacating of the property by 5:00pm on '}led,
rnitigaung '}lcd,
Nov 12, 2008.
200R

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.

The Court, Presldtng


Presldll1g Judge C:zuleger and Clerk Clarke also abdicate any notion uf furtherance of justice in their
contillued
contmued refusal to respond to very basic questions underlying the frauds in Samaan v Zemik, and also in their
ongol11g dental of access to my own litigatlon records, per Nixon v\' Warner Communications, California Rules of
ongolOg
Court, Rule 2.400 et seq, etc, where the full and direct evidence of the frauds resides.

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.

2) Either that there IS, alternatively, that there Isn't


isn't any valid, effectual, entered Judgment of l\Ug 9,2007
9, 2007 w in this casc.
case.

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

Headll1g-15 2-conclusions-us-cons titution-non -compliance.pdf


< http://inproperinla.com/.OHeading-152-conclusions-us-constitution-non
http://inpropennla.com/.0 Headlng-152-conclusions-us-constitution -non -compliance. pdf> 3) Either that the the

Grant Deed issued by DavId


David Pasternak IS, stenuning from this casco
IS, alternatively - isn't valid a grant deed stemming case.

http://lOpropcnnla.com/07 -opiruon-letterfraud-m-grant-decds s.pdf


http://tnpropcnnla.com/07 -12-17 -opiruon-letterftaud-Hl-grant-dccds s.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

Wed, Nov 12, 2008, that access IS allowed to electroruc


12,2008, electro!l1c court records U1
ill SustaU1.
Sustatn.

Jt IS also expected that the PreSIding


It PresIding Judge Immediately irutiate
uUtiate corrective actions pursuant to thc
the California Code 01
of

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

Nov 11, 200K

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.

It IS only reasonable to expect some notICe to your readers


rcaders as weU.
well.

Response demanded by Wed, Nov 12, 2008, 5:00pm.

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.

Respollse demanded by Wed, Nov 12,2008, 5:00pm.


Response

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:

1\ tt Samuels and Mr Mozilo:

Please finally answer tluestions asked numerous times in


amwcr the questions past:
rn the past:

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

http://mpropennla.col11 104 10-26


< http://mpropennla.com/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

Att Kanuns and Atl


AtL Mayorkas:

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

The Honorabk Ronald George


Chief JuSlice
usLice .-

Califorrua Court

Callfonua Supreme Court

Honorable Justice George:

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

L1\ Superior Court


during or around the time when Sustain was installed as the case management system, ancl and the public records that
that

COUlt were elinunateJ.


arc the Books of Court eliminated.

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

WouJd you please respond with a :itatement


1) Would "tatement on the record regarding your role, if any, in this matter!
matter!

2) Would you please respond with a statement on the record regarding the notion that Sustain is a fraudulent
fraudulent

system!
computer system!

~O, would you please


3) IIff so, rlca~e respond with
With a statement on the record regarding corrective action that you may lilltIate,
llliUate,

any?
If any?

5:00pm
Response requested by Fnday, Nov 114,2008, 5:00pm

Zemik
Joseph Zernik

f I. lonorable Gary Feess, Judge, U.S. District Court, LA

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

Honorable Justice Fees:

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

1) Would you please respond with a statement on


011 the record regarding your use and knowledge, prior to this notice

-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)

4) Would you please revIew reVIew the foUowmg


foUowing records related to the conduct of your colleagues, Judge Virginia A
Phl1lips and Carla Woehrle IN RE Zernik v Connor et a1. (2:2008cv01550):
Phrllips
a) Lltrgation
Lltlgation with no summons, where summons were fraudulently issued by the clerk of U.S. District Court, LA,
who refused to sign valid summons presented by Plaintiff, in violation of the rules of court:
http:// inpropennla.eom/.0HeadJng-l OO-us-distoct -la-void-licigation-w -no-summons-s.pdf
http://inproperinla.com/.0Heacling-l
< http://inproperin la.coml
la.com/ .OHeading-l OO-us-dist-et-la-void-litigation-w
OO-us-clist-ct-la-void-litigation-w ·no-surnmons-s.pdf>
·no-sumrnons-s.pdf> b) Annotated docket
of purported Irtigation In Zernik
lttigation In Zernik v Connor et al.
http://inproperinla.com/.OHeading-l
http://inproperinla.com/ .0Heading-l 02-us-dist-ct-la-docket-annotated-s.pdf
02-us-clist-ct-la-docket-annotated-s.pdf
<http) linproperinla.com/.OHeading-l02.us-dist-ct-la-docket-annotated-s.pdf>
/inproperinla.com/.OHeading-l02.us-dist-ct-la-docket-annotated-s.pdf> c) List List of records barred by
Magistrate Woehrle from from filing through deceitful use of Discrepancy Notices.
http:// inproperinla.cot1l1 .OHeading-l 03-lis-dist-ct-Ja-perverted-use-of-discrapancy-notices-lI1cornplele.
http://inproperinla.com/ 03-us-dist-ct-\a-perverted-use-of-cltscrapancy-noticcS-Lllcomplele. pdf
< http://inproperinla.com/ .0Heading-l 03-us-dist oct -la
03-us-distoct -perverted-use-of-discrapaflcy-notJces-incomplcIe.pdf>
-la-perverted-use-of-cltscrapaflcy-notJces-incomplde.pdf>
The discrepancy noted in aU such records is: May 15,2008 Minute Order by Judge Woehrle.

Upon revIew
review of such records, please lIlitiate
lllitiate corrective action, such as:
as:

a) A declaration on the record of to effect


effect 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."

b) Notice to the authorities, as you feel necessary.


necessary.

c) Notice
Notlu.' to partles
pawes regarding your actions in this regard.
regard.

reguested by hlday, Nov 14,2008, 5:00pm.


Response regucsted

Joseph /,ernik

-----------------------------------
----------------------------------- --
-- -- -----
----- -
----
----
----
----
- --
-- ------
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At 09:47 AM 11/11/2008, you wrote:


At

Dear Mr. Zerlllk:


Zernlk:

notice that tomorrow, November 12,2008, at 8:30 a.m. in Departmenf


Please take llouce Department" J of the Los Angeles
Supenor Court In m Santa Monica, plaintiff Nivie Samaan's counsel will will appear ex parte to request an order shortening
tnne for the hearing on Plaintiffs motion for award of post Judgment
judgment attorney's fees. ThIS
Th.Is application is based on
the fact that the earliest
earliest date available through the clerk for the hearing is U1
U1 December and due to her financral
financial
condiuon,
condition, the plaintiff needs the Court's ruling
ruling on this application as soon as pos,ible. Pilease let me know rfIf you
intend to oppose our application.

Thank you for your attention.

Moe Keshavarzi, Esq.


Esq.

Sheppard Mullin Richter & Hampton, LLP


LLP

-34-
333 South Hope Street, 48th Floor
Los Angeles, CA 90071 1448
Direct Line: 213-6175544
Fax: 213-620-1398
Email: mkeshavarzi@sheppardmullin.com

Sheppard Mullin < http://w\Jfw.sheppardmullin.com/images/smrhlogo-mini.jpg>


http://w\l{w.sheppardmullin.com/images/smrhlogo-mini.jpg>
.133 South Hope Street
48th Floor
Los J\ngeles, CA 90071-144S
213.620.1780 office
213.620.1.398 fax
213.620.1398 fax

www.sheppardmullin.com
\Vww.sheppardmullin.com <http://www.sheppardmullin.com/>
<http://www.sheppardmullin.com/>

Moe Keshavarzi
Keshavarzi

213.617.5544 direct I 213.4432910 cLrect fax


fax

MKeshavarzi@sheppardmullin.com I Bio < http://w\V\v.shcppardmullin.com/attorneys-nO.htm.!>


<http://www.shcppardmullin.com/attomeys-nO.htm.!>

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.

RE: I ,etter to Bank of Americ;~


Americ:a Corporation in RE:
RE: Jacqueline
Jacqueline Connor
Connor and
and the
the corrupt
corrupt justice
justice system
system of
of
LA County.
A. Request for
for confirmation of Bank
lJank of America
America Corporation
Corporation knowledge
knowledge and
and approval
approval of
ofyour
your continued
continued
fraudulent conduct and the fraudulent conduct
conduct of
of Countrywide
Countrywide Legal
Legal Division
Division in
in Samaan
Samaan vv Zernik
Zernik
(SC087400)
B. Request for Bank of Ameri,~an
Ameri,~an assistance
assistance in
in freeing
freeing those
those who
who were
were conlirmed
conlirmed innocent
innocent but
but framed
framed in
in
the Rampart scandal.

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

NOlle of your records were ever authenticated.


authenticated, During this whole harassment campaign, you have never
produced a single declaration by either Mozilo or Samuels to the eflect that they have ever received any
communication from me Therefore, your actions, all based on false attorney statements. lack any legal
foundation, including the most recent ones.
Docs Counsel of the Bank of America Corporation know and approve ol'such litigation practices as
performed on its behal f)
fi
For the record - I again listed Angelo Mozilo and Sandor Samuels in the CC list of instant message, twice
twic:e
each' Please provide verified statement from each that they received instant emailnole.
email note. or for thalmatter
that maller
any email note from me- eveL
eve!.. ..
5)
5) f)oes ('uunsel
('ounse! ofthe Bank ofAmerica Corporation know a/ld and approve o/your continued !rcludulent
continuedjrcludulent
standard\'
standardl' relative 10 evidence routinelv/iled
routine/v/iled in court with /l()
110 authentication, and c/ixL'/ucd
clixCfiled as valid
evidence by the colllldingjudgcs
colluding judges ofthe L1 Sllpcrior
Superior Cour('
Court'
This category of course includes most ifnot all the records in ('ountl)'wide's
Countrywide's subpoena productions in
what is nominally Samaan v Zernik (SC087400), where the representations as to who received which
record from whom, and \vhen,
when. are almost universally fraudulent. in violation oLmy
of any "sound banking
principle" - ll1Clssive
mcl'isive Iraud on the U.S. government. on this coun.
court. and 011
on me.
me, on the reorlc
people of California
and the tiS
liS
Obviously, such were th,~
th,~ standards of legal practice of Sandor Samuels and Countrywide. and they wen~were
coordinated with and welcomed by Judge Connor. as pan part of corruption of the LA courts hy
ofcoITuption by Countt)'wide.
Countrywide.
Elsewhere around the country they were more critically received, as in Pennsylvania. January 2008. and
()alliLs
()allils Texas,
Texas. March 2008 U.s U.S. Judge Jeff l30hm
130hm opinion, previously served upon you.
contiml that Bank of American Corporation and its counsel know and approve of your
Again. please confinll
continues actions in Samaan
Sarnaan v Zernik (SC087400) based entirely on traudulent subpoena productions.
produced by Sandor Samuels and the Legal Division he headed, five (5) times ill ill a row netween
between summer
2007. and including what must be deemed
2006 and spring 2007, deemed hundreds of predicated acts per RICO 18 USC
1961-196l~
196 1-1968 . if fraudulent records is to be counted separate ly.
iI' each of these Iraudulent
6)
6) [)ocs
[)oes ('oumel ofthe Bilnk
Bank ujAmerica
ofAmerica Corporation know and approve o(yuur continued "P/JCilIW/c'C
appearance in
court as "Non-Party" in the "non-litigation" o/Swnaan
ofSwnaan vv 'Lernik
Lernik . while court re,:ord\'
re,:ordl' givc
give you
you onc
Oile uja
ora
dozen dwngin[;
changing d<!siglliltions
designations (Plaintifl D<!jendant,
De/endant, whatever is designaiion duiour)~
is designa/ion duiour)~

designated "Judge" in thi~,


I generously suggested in the past that you be designated thi~, farce, please Iclme
Idllle know
know what
what
designation Bank of America Corporation and its Counsel consider to be your truthful
truthful designation here.
here.
/)
7) Does
Docs Counsel ofthe Bank
Balik ofAmerica Corporation know and approve (faction:, conducted in emil'! court (III
011
their hehalfas a whole, or in part, in 1'1'.
1'1': sanctions mui OS(', re: Contempt anJ
wui OS( and sandio/lS
sandiof/S cxceeding
exceeding
$22,000,
$22,000, staring January 200'<';:>
200,''{)
Ten)
Ten')' I:riedman,
Friedman, withoul any assignment order, and with no authority a'; as ajudge,
a judge, aller
alter disqualification.
disqualification.
dropped off his sleeve,
sleeve. at your request. a ruling that
that Connor's non-e:-<istent
non-existent order
order was
was inin full
full t(.lrce
t(lrCe and
and
enect.
effect. ex post facto. Friedman also failed to register that ruling, yet
yet he
he u'ied
u,ed itit later
later in
in February
February and and March,
March,
2008 in absurd rulings, for further abuse.
8) Does Counsel ofthe Bank
8) Bank ofAmerica Corporation know and
and approve
approve ({vour
({your actions
actions in
ill this
this non-
non­
litigation on July 6, 2007
2007 - the dark
dark court
court gag
gag order proceedings,
proceedings, recorded
recorded as
as "proceeding
"proceeding not
not
recorded"?
9) Does COWlSel ofthe Bank ofAmerica Corporation
9) Corporation know
know and
and approve
approve ofyour
ofyour continued
con/inued appearance
appearance
befure
before Judge Connur
Connor ajier she fraudulently
fraudulently r.efused
r.efused to
to accept
accept disqualification for aa cau~e
disqualification for cau~e on
on July
July 12,
12,
2007?
2007?

-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'/

11) f)oes ( 'ounsel 0/ the Bank o/Amaica


13) o/America ( 'orp'iration
'orporation know and approve ofoj the/act that Sheppard kfullin
kfullin
and Keshavarzi go on submitting again and again the t1l'0
two keyjraudulent
key fraudulent record'liml/ Countlywide's
Countlywide's
/t'audulent
Ji'audulent subpoena productions, which wert' the only purportedfiJUndation
purportedjiJUndation olthis
oj'this /ilbricatec!
/i.lbricated !zligatiOlI')
liligation')
a,
a. The invalid fraudulent Countrywidc. Shatz
fraudLllent Underwriting letter of Oct 26,2004' - Attomeys for Countrywidc. Shatz
and Booke, in Meet and Confer in March 2007, in response to my questions. stated that that such
such
letter was never part of the loan file in 2004. The first and only time it was produced by
Countrywide was in April 2007, after that Meet and Confer, in response to my dcmand t()r tt)r
explanation. And in that subpoena too, it never appeared as an uIH.ier\vriting
under\vriting letter from
li'om 200,l. per
2004. per
se. It only appeared as part of the Nov 3-6, 2006 Keshavar;:i/L1oyd/McL<lurin
Keshavar;:i/L1oyd/McLaurin correspondcnce.
correspondcnce.
which I dcem procuremcnt of perjury.
deem procurement
Yet Keshavar/i repeatedly filed it in court, deliberately misrepresenting it as an authentic
authentic Oct
Oct 14,
14,
2004 underwriting letter, without any authentication (like all other records), even at1er the change
change
ol'Couliltrywidc to 8ank of America Corporation. Nati'Jnally
of control ol'Couliltrywide Nationally acclaimcd fraud
fraud expert
expert
3
contlrmed the fraud in that misrepresentation
Robert Meister conllrmed
4
b. The fraudulent real property contract document 4 In open court Keshavarn admitted by now
b. now aa
couple of times that this record, was not what he had previously deliberately misrepresented
misrepresented itit to
to
be. Countrywide deliberately misrepresented it in McLaurin's fraudulent declarations as as well.
well.
That record was never faxed from Parks to Countrywide on Oct =~5, 25, 2004, at 5:03pm - a central
central
claim in the fraudulent fabrication that was the whole basis for th,: summary judgment. Instead,
Instead,
on October 25, 5:03pm, it was faxed from Samaan, in Los Angeles, to Lloyd, in Los Angeles,
Angeles, as as
of the massive Countrywide fax/wire Irmld
part ol'the l'raudulent n~cord was tiled
l'raLld scheme. This lraudulent tiled again
again
for a "hearing" on November 21,2008,
21, 2008, and you were noticed of it too.
('ollnsel ojthe
14) Docs ('ol/nsel ofthe Bank ofAmerica
o/America Corporation know and approve of 0/ the faxJ\\irc
j'axJ\\irc ;rallc!
jral/d and agree
agree to
to
cO/ltinued participation
your cOl/tinued partieiput/on in this purported legal action based on sueh
such frau(f:J
Practically all records in the Samaan's Countrywide loan file that appear as fax transmissions from
from Parb
Parks
are part of this faxJwire fraud. In and of themselves federal offenses, and predicated acts per RICO
RICO as
as
well.
0/ the Bank ofAmerica
15) Does Counsel ofthe ojAmerica Corporation know and approve 0/ the fraudulent Samaan
Samaal/ loall
IU<.l1/
appliCalions and undenvriting records and undefWriting history as produced by Countrywide Legal
Legal
Division, led by Sandor Samuels, and as fraudulently misrepresented by Maria McLaurin in ha
her
declarations?
Specifically:

-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

aa In January, and later in March 2007 Zemik filed


filed complaints
complaints against
against Countrywide
Countrywide Hank
Hank with
with
Oftiee ofThritt Supervision, case #0507312007.
#0507312007.
b.
b. By April 16,2007 thc invcstigation of Countrywide
Countrywide Bank
Bank was
was complete.
complete.
c.
c. Countrywide Uank
Hank was cleared of wrongdoing
wrongdoing since
since itit claimed
claimed that
that itit would
would never
never have
have funded
funded
Samaan's loan applications.
d.
d. Findings of Oftice of Thrift Supervision prompted
prompted that
that otTice
otTice to
to :;ubmit
:iubmit its
its own
own comrlaint
complaint against
against
Countrywide Ilome Loans relative to Sarnaan's
Samaan's loan
loan arplication';
application·) to to Office
Office of
ofTrade
Trade Commission.
Commission.
e.
e. The initial letter sent to Zernik by Thrit1
Thritt Supervision
Supervision on 4/16/07 rellected
on 4/16/07 reflected the
the true
true outcome
outcome 01' ofthe
the
investigation - that Countrywide Bank was cleared
cleared of
of wrongdoing
wrongdoing by by claiming
claiming that
that itit would
would never
never
have funded the Samaan's loans. Due to either truetrue or
or deliberate
deliberate error
error Zernik
Zernik was
was listed
listed instead
instead of
of
Samaall as the loan applicant.
appl icant.
ff When Zcmik requested that the lettcr be corrected.
corrected. aa fraudulenlletler
fraudulent letter wa:,
wa:, issued
issued by
by Ollice
Olliee of
of
Thrift Supervision,
Supervision. purporting to report the results
results of
of"further
"further inquiry",
inquiry".
g.
g. The true fact of the matter is that Countrywide
Countrywide consolidated
cOllsolidated regulation
regulation undcT ()ffic'C of
undcT (lffic'C of Federal
Federal
Trade Commission by March 2007, thereforc
therefore there
there was
was no further inquil~y
no further inquil~y in
in Onicc
()fjicc ofThrif1
ofThrif1
Supervision.
h.
h. In Junc/July
June/July 2007 the Oflice
Office of Federal Trade Commission
Commission provided
provided 7ernik
7ernik with
with talse
talse and
and
misleading responses to requests for information
information regarding
regarding the
the outcome
outcome oCthe
of the investigation
investigation of
ofhis
his
complaint against Countrywide Home Loans.
I.
I. Belinda Carter.
Carter, (>nice of Federal Trade Commission
Commission first
first provid,:d
provid,:d Zemik
Zemik misleading
misleading information
information
that the complaint was f()I'\varded
f()I'\varded to the Federal
Federal Reserve
Reserve for
for the
the investigation
investigation of
of Countrywide
Countrywide
Ilol11e Loans,
Loans. Inc.
I.
J. l:ederal
l·'ederal Reserve never had any supervisory/regulatory
supervisory/regulatory authority
authority "clative
relative to
to Countrywide
Coulltrywide Ilollle
Ilome
Loans, such authority wa~
wa~ with Office
Ottice of Federal
Federal Trade
Trade Commission.
Commission.
k.
k. In response to FIOA,
FIOI\, Ot1ice of Trade Commission
ofl"rade Commission generated
generated records
records that
that were
were especially
especially edited
edited
(not redacted) and were not true copies of the records.
records.
I.\. Office of the Inspector General
General orthe
of the Office
OfTice of
of Federal
Federal Trade
Trade Commission
Commission waswas supposedly
supposedly
running an investigation into the adulterated records
records provided
provided as
as FfOA
FfOA response
response. But
But aa year
year later,
later,
no resulLs of the investigation into the adulterated
adulterated records
records provided
provided as
as respollse
respollse to
to FIOA
FIOI\ was
was
received.
Samaan v Ll'rnik
Lernik and Judge JanlJll!-lil1l'
Jacqueline Connur
None of what took place in this purported State of Cali fomia Superior
Superior Court
Court litigation
litigation could
could have
have transpired,
transpired, had
had
it non been for Judge Jacqueline Connor's corrupt conduct in thisthis case.
case. The
The fraudulent
fraudulent claims
claims tahricated
tahricated by by
McLaurin, Keshavarzi, and I,loyd,
!.loyd, could never fly by any reasonable
reasonable person.
person. They
They simply
simply delied
defied logic,
logic, they
they
contradicted the records in this C<Lse.
C;Lse. The fraudulent claims had
had no
no support
support in
in any
any records
records fi'om 2004 and
fi'om 2004 and werc
werc
entirely based on the fraudulent declarations by McLaurin.
McLaurin, Parks,
Parks, Keshavarl.i,
Keshavarzi, andand Samaan,
Samaan, and and misrepresentation
misrepresentation
offraudulent Countrywide records. But the misrepresented Countrywide
Countrywide records
records were
were never
never authenticated.
authenticated. A A
judge did not need to be a rocket scientist to avoid the fraud in the court room se,~n
in the court room se,:n in this case. A
in this case. Ajudge
judge simply
simply
had to reasonably follow the evidence code.
That
That Judge
Judge Connor
Connor waswas deliberately
deliberately engaged
engaged inin fraud
fraud against
against Zemik
Zemik in
in this
this case,
case, in
in collusion
collusion with
with Keshavarzi
Keshavarzi and
and
Counrtywide, is evident in numerous ways. The easiest way to demonstrate the collusion
Counrtywide, is evident in numerous ways. The easiest way to demonstrate the collusion in fraud within fraud with
Keshavarzi is
Keshavarzi is to
to review
review the
the fraud
fraud in
in extracting
extracting sanctions
sanctions monies
monies from
from Zemik
Zemik inin April-July 2007, when
April-July 2007, when Connor
Connor

-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

collusion with corrupt police who frame such people.


people.

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.

.fudge Connor is probably best known lor


for derailing the Rampart Trial of 2000, by reversing .fury conviction ot' 33

out of 4 corrupt police. Iler conduct was the clear sign that the judiciary would not allow true investigation and
and

resolution of the causes of the Rampart scandal.


scandal.

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

that thousands of innocent people are still falsely imprisoned.


imprisoned, and it provides eVidence that police.
police, prosecutors,
prosecutors,

and judges, prevent their release from prison.


prison.

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

denial or access to public records that are


arc the books of court by the LA Superior Court. That denial or access is
is

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

Justice, and Mr Kenneth Kaiser.


Kaiser, Assistant Director.
Director, FBI.
FBI.

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

live in LA County. U.S, by the I~A Superior Court.


County, the most populous in the U.S.
I intend to renew my demands that Mr Kaiser and Mr Melson take action to stop such abuse before the end of the
current administration. I request that as part of review of the position of Bank of America Corporation in Samaan
v Zernik, the bank will also suppon the demands to open the public records of the LA Superior Court, before the
inauguration of the new administration. The impact or such simple act on the qmlity of the justice system in LA
County, on freeing those falsely imprisoned, and the feeling of trust in government in this county cannot be
overestimated.

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

CC: By certilled mail with receipt

BANK OF AMERICA CORPORA liON


100 North Tryon 5t
St
Bank of America Corporate Center
Charlotte, North Carolina 28255

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

Amy Woods Brinkley


Global
(jlobal Risk Executive, Bank of I\merica Corporation
Risk & Capital Committee and 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 annual share holder meeting announcements


William J. Mostyn [II
Deputy General Counsel
and Corporate Secretary

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

Office ofThritt Supervision


San Francisco Regional Office
!'aci
Paci fic Plaza
2001 Junipero
Junipcro Serra Roulevard, Suite
Suitc 650
Daly City, California 94014-1976
Tel: (650) 746-7000 x7098
Office Federal
Fcderal Trade Commission
Consumer Reports Center,CRC-240
(,00
600 f'cnsylvania
Pcnsylvania Ave
NW Washington DC 20580
Tel: 1 877 382 4357
A nd cll1ai I
nd by ell1ai

11 James Wedlck's opinion letter [n re Pasternak's fraudulent grant deeds


/2 Fraudulent Countrywide Oct 26, 2004 Underwriting Letter, misrepresented as a valid Oct 14, 2004 Underwritinn Letter
26,2004
JJ Robert Meister's opinion letter In re Countrywide's fraudulent Oct 26, 2004 Underwriting Letter misrepresented as being
faxed
faxed Oct 14, 2004
44 Fraudulent real property contract from Countrywide subpoena productions, misrepresented as a fax transmiSSion from

Parks to Countrywide on Oct 25, 2004, 5:03pm


SS Samaan's Loan Applications (100:1) WIth double date received stamps, from Countrywide's subpoena production
66 Nov 3-6, 2006 3-way correspondence between Keshavarzl, McLaUrin, and Lloyd, whel'e the fraudulent underwriting history
of Samaan's Loan Applications of 2004 was fabncated

-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'

" Jucfge shall b€~


be faithful to the law, .. ",.
law ...
eat
Cal Code J 1d
~d EUucs
EU1Ics 3B(2)
"The rule of law must never be confused wif/1
wil/1 tyranny of the
tfJe courts"
Anonymous
Anonymo(J~

December 9,
9. 2008

Att John Amberg


Bryan Cave. LLP
By Emil
"Amberg,
"Amberg. John W"
Iwamberg(wBryanCave com
Iwamberq@BryanCave
Lenna moldawsky@bryancave com
sandor samuels@countryNide
samuels@countfY'N1de com
samuels sandor@CountryvlldecorTl.
sandor@CountryvlldecorTl,
angelo 1ll0zilo@countrywJde
iJ.I.lQelo mozilo@countfVWIde com. com,
mozilo
mozllo angelo@countrywtde com
rl1c' rl cl Illclaurll1@Count[y'i'.lLde
r~lrlcl Illclaurll1@counl[y'i'.lLde com
nlcIQlJrliLfl'@Jl~~Ifl.~cgQl
nlcIQlJrliLfl'@Jl~~Ifl.~cgQl

RE: Representation of Countrywide? CountryWide


Countrywide Home Loans, Inc.? Bank of America?

America?
Timely crime notification per SECTION 307 OF SARBANES-OXLEY,

SARBANES-OXLEY,
Please respond by 5:00pm on Sept 9, 2007

2007

Mr Amberg

note, dated December 8.


Regarding your email note. 8, 2008.
2008, copied below.
below, please be explicit
expliCit and prOVide
proVide the folloVilng detalls­
detalls-

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:;

9) Who are the employees of tilat undefined entity?


10) Could you please prOVide liSt. so that I know who I purportedly am prohibited from commurllcatlng
prOVIde a list commurlloatlng VIlth I
a Is Sandor Samuel ,m Employee of Bank of Amenca America at present?
b Is Angelo Mozllo
MOliio employee of Bank of America
Amenoa at present?
c Is Diane Frazier employee of Bank of America
Amenoa at present?
d
d. Is Maria McLaunn employee of Bank of America at present?
\l\lhat is "your litigation"?
11) VVhat

-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?

13) Do you represent Sandor Samuels?


2Q.

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

employees. coulij you please a JthentlC<3te


17) In case thiS communication is received by email by any of the purported employees,
such communlC<3tion, including the email address at which such communlcatlon(s) were received, so that I may stop
making them up?

Joseph Zernlk

bblanco@lasuperiorcourt.org, "Ted Max"<tmax@sheppardmullin,com>,


bblanco@lasuperiorcourt,org, Max"<tmax@sheppardmullin.com>, 'Van Cleve, Peter 0"
~'nedman@lasupenorcourt.org.
<pdvancleve@BryanCave.com>, soverton@cmda-Iawcom, kdiC<3rlo@cmda-law.com, ~'nedman@lasupenorcourt,org,
<pdvancleve@BryanCave,com>,
jsczueleger@lasuperJorcourtorg. jaciarke@lasupenorcourtorg, Jclarke@lasupenorcourtorg,
jsczueleger@lasupenorcourt,org, jclarke@lasupenorcourtorg,
sczueleger@lasupenorcourt.org, Jconnor@lasupenorcourtorg, jsegal@lasupenorcourtJrg
sczueleger@lasupenorcourt,org,

12/8/2008. you wrote


At 03'21 PM 12/8/2008,

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

Bryan Cave LLP


300

120 Broadway, Surte 300


Santa MonICa, CA 90401
90401

(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

From: joseph zernik Uz12345@earthlink net]


Sent: Tuesday, December 09, 2008 1136 AM
To: David J Pasternak; Moldawsky, Jenna L
Cc: sandor_samuels@countrywide.com; samuels_sandor@Countrywlde.com;
sandor_samuels@countrywide com; samuels_sandor@Countrywlde.com;
angelo_mozilo@countrywide.com, mozilo_angelo@countrywide.corl;
mozilo_angelo@countrywide.com;
mana_McLaunn@countrywide.com; McLaurin _maria@countrywidecom,
_maria@countrywidecom,
bblanco~lasupenorcourtorg;
bblanco~lasupenorcourt org; Ted Max, Van Cleve, Peter D, soverton@cmda-Iaw.com,
soverton@cmda-Iaw.com,
kdicarlo@cmda-Iawcom, tfriedman@lasupenorcourtorg, Jsczuleger@lasupenorcourt
Jsczuleger@lasupenorcourtorg;
org,
Jclarke@lasuperiorcourtorg; sczuleger@lasuperiorcourtorq:
Jclarke@lasuperiorcourt org; jclarke@lasuperiorcourtorg: sczuleger@lasuperiorcourtorq.
Jconnor@lasuperiorcourtorg; jsegal@lasuperiorcourt.org
Subject: Transaction for - $7,000 transferred by Pasternak to Moldawsky, Response
Subject: Response requested
requested ()y
by 500pm
500pm
December 9. 2008

Dec 9, :2 OOR

David J. Pasternak
Jcrma Moldawsky

RE: Transaction for ~ $7,000 transferred by Pasternak to Moldawsky,


Response requested by 5:00pm December 9,2008

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

to Ms Moldawsky. For clarification for me and for others:


others:

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'?

3) What was the exact reason for the transfer


translCr of funds?
funds?

4) Why was I copied on this transaction? was it related to me in any way?


way?

5) Was ilit related in any way to Mr Sandor Samuels?


Samuels'?

6) Was it related in any way to Judge Terry Friedman?


Friedman?

7) Was it related in any way to Judge John Segal?


Segal?

8) il related in any way to Judge Jacqueline Connor?


Was it Connor?

Zernik
Joseph Zernik

12/10/2008
12/1 0/2008

-51-
-52-
Page 1I 01
Page 01 j j

From: Joseph zernik Uz12345@earthIH"\knet]


Sent: Tuesday. December 09.2008327 PM
To: Mohammad Keshavarzt, Pnul Malingagio;
Malingagio; Ted
Ted Max
Max
Cc: sanoor_sClmuels@countrywlde.com,
sanctor_sClmuels@countrywlde.com, samuels
samuels_sandor@Countrywide.com,
_sandor@Countrywidecom,
angelo_mozllo@countrywide.com; mozilo_angelo@countrywide.com;
mozilo_angelo@countrywide.com;
maria_McLaurin@countrywldecom; bbianco@lasuperiorcourtorg,
bbianco@lasuperiorcourtorg, Ted
Ted Max;
Max; Van
Van Cleve,
Cleve, Peter
Peter D.
D,
soverton@cmda law.com; kdicarlo@clIlda-law.com:
soverton@cmdalaw.com; kdicarlo@clIlda-law.com: tfriedman@lasupeliulcuurLurg,
tfriedman@lasupeliulcuurLurg,
Jsczuleger@lasuperiorcourt
Jsczuleger@lasuperiorcourtorg;org; Jclarke@lasuperiorcourtorg;
Jclarke@lasuperiorcourtorg; jclarke@lasuperiorcourtorg,
jclarke@lasuperiorcourtorg,
Jconnor@lasuperiorcourt
Jconnor@lasuperiorcourtorg; org; Jsegal@lasuperiorcourtorg;
Jsegal@lasuperiorcourtorg; David
David JJ Pasternak;
Pasternak; John
John Patton.
Patton.
Amberg. John W. Moldawsky, Jenna L, L; todd_Boock@CountrywldeComa
todd_Boock@CountrywldeComa attention
attention Mayo,
Mayo,
attentlUI I MdYU.
MdYu. attention Mayo; amayorkaS@OIllIi1COIll
amayorkas@olllli1colll
Subject: REPEAT
REPEAT FILING OF OFFENDING FRAUDULENT
FRAUDULENT RECORDS
RECORDS IN IN COURT
COURT YOUR
YOUR RESPONSE
RESPONSE
REQUESTED BY WED, DEC 10,2008,
10,2008, 500PM
500PM Notice
Notice of
of start
start of
of Safe
Safe harbor
harbor period
period per
per CCP
CCP
1287

December 9. 2()m~
2()m~

Mohammad Kcshavarzi
Sheppard Mullin, LLP

RE: REPEAT FILING OF OFFENDING FRAUDULENT FRAUDULENT RECORDSRECORDS IN


IN COURT.
COURT.

RESPONSE REQUESTED BV BY WED, nEC 10,2008,


10,2008, 5:00PM.
5:00PM.

Notice of start of Safe Harbor period pCI' eel' § 128.7.


128.7.

Mr Keshavar1.i:
Keshavar7.i:

You reccntly sent me


mc copy of papers you filed
fi led in cOUli
cOUli under
under the
the name
name of
of Sheppard
Sheppard Mull in. LLP.
Mullin. LLP. for
for
motion to estahlish recovery. scheduled for Nov 21. 2008.
2008.

I) No signatures vvere visihle on my copy. [request


I request that
that you
you forward
forward toto me
me copy
copy hearing
hearing your
your visiblc
visiblc
original signatures. IIn
n case the copy you filed in court
court does
docs not
not bear
bear your
your signatures,
signatures, and
and you
you choose
choose to
to
keep that paper filed, I requcst that you correclthat
correct that situation
situation expediently,
expediently, otherwise
otherwise please
please withdraw
withdraw
such papers, and notice me accordingly.

2) Your must recent


reu:nt papers again included
included records produced
produced in subpoena by
in subpoena by Countrywidc.
Country wide. whieh
whieh were
were
the core of this ligation. I complained in the past that such papers constituted fraud on numerous
that such papers constituted fraud on numerous
accounts. Such records were repeatedly fraudulently misrepresented by
fraudulently misrepresented by you
you as
as the
the product of fax
product of fax
transmission from Victor Parks. loan broker, to Countrywide
Countrywide San
San Rafael,
Rafael, Dn
Dn Monda),
Monda), October
October 25,2004,
25,2004,
5:03 pm.

3) In tact, as made clear by Ms Samaan in her deposition,


deposition, Mr
Mr Perks
Perks had
had nothing
nothing to
to do
do with
with <tny
any of
of it.
it.
Among other umpteen frauds, throughout the transaction
transaction in
in 2004,
2004, Ms
Ms Samaan
Samaan impersonated
impersonated Mr
Mr Parks
Parks in
in
fax communications. This record was no exception.
exception.

4) This record also was never received by Countrywide


Countrywide onon the
the date
date and
and time
time indicated
indicated above.
above, as
as you
you
misrepresented in court. In fact the transmission that generated that fax header imprint was
generated that fax header imprint was from from
Samaan in Los Angeles to her husband in l,osI,os Angeles.
Angeles. [went
[went through
through that
that issw,:
issm: in
in depth
depth among
among other
other
opportunities,
opportunities, on
on august
august 9,
9, 2007,
2007, in
in open
open court.
court.

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.

fraudul~nt records in cour:.


and JI filed for sanctions against you per CCP § 128.7 for filing of fraudulent cour:.

6) To avoid that hearing.


hearing, you scheduled in connict another "hearing" as you fraudulently called it, wlch
wlch

retired Judge O'13rien,


O'Brien. who had no authority at all to hold any "hearing" of any kind.
kind.

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

therefore any purported order,


order. decree, judgment. or any other outcome oJ"
of such litigation was is, and
and

always will be null and void.


void.

8) [n
g) In the most recent papers you omitted the fraudulent transmittal cover sheet. Regardless. this record
record

fraud. and it was introduced by you as part


is the product of fraud, rart of fraudulent evidence.
evidence.

9) Therefore, I request that you immediately remove this record from your most reccnt
recent rending
pending parers.
papas.

Therefore, I also request that you submit a request for a lllill<:_Pro


10) Therefore. illlt1<:_Pro tlIne order:
order:

a) to mark all instances where such paper


parer arrears
appears in the court file as instances of fraud.

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.

11) This message is copied toA1t)ohnj~mber£, NU§nna ~Loldawsk)r,


to AlUohn_&mberg and {\tt)§l1lla ~Loldawsk)r, who claims to be authorize
authorizc
to represent Countrywide Home Loans, Inc, a subsidiary of Bank of America. Countrywide Home
Loans, Inc too is requested to Ii Ie request in court for the withdrawal of such fraudulent records
file
Countrywidc Home Loans.
produced by Countrywide Loans, Inc as part of subpoena
suhpocna productions thal
that were rep Ide with
replete
fraudulent records, and which tried to entirely fabricate Samaan's fraudulent loan applications
underwriting history.
MIZ AMBERG
MZ AMliFRG ANDiyI-,'iMQJ J)A WSKY: RESPONSE REQUESTED RF~QUESTI~D BY WEll),
WED, rH:C
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:

13) This notice is also forwarded to:

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-
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NIl ~d "1"
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nr?L r;:o~ IS
O . l ft
O. If)Of: ':01'.
ff l!)()f, 1,'0'):;' \·;',1)0:"
\·;':90:"

Joseph Zemik DMD PhD ·O~


,O~ rr:>
f'ax
'dX 1801)
1[;1)1\ 9'J6·091f bmail JZI2:14'J@ear1hlini<n,,1
9'J6,09,{ I:mail jZI2:i4S@earihlinKnf'1

U Judge shall be faithful to t/le law... "


Cd/
Cdl C_ l(KJ EltlK.
Cod<! JCKJ EtlYcs J8(2J Jam
lilW mu~t nllVQr b9 conl'w;cd
"ThR 1111.. of law confuGcd with 1}'/iJllflV
(yl L111"y of th" r:ollrts"
!I.nonylll(l(I·.
J1.nonyfl!(Jtl"

11\11-: 1<'; OF TilE ESSF:'\C1:


ES<.;F:\C1:

KFN0;L III I) II.WIS


Chaillllan, ChiclT:\ccullvc
Ch iclT:\C:ClIll vc Officer. and Prc,i,knl
BanI-- o(Amcrica
Bank 01' America CorporatHJll
('orpora! HJll

ITRES;\ \·1 BRLl'NLR


Assot'iatc (iclleral
Cic:m.:ral Counscl
Counsel
BanI-- of ;\mcri~'a C(lrporation
Ballk C(lrjl(lratiol1
lOll NClrthl
100 NClrthllyon[yon SI
Ban" 01' America
Bank r\ll1I:rica Corporal<:
Corporate (enkr
( cnkr
(h:1I'lolle, N,'rth Carnlill:l
Ch:J[·lntlc. 2lC:i:i
('an'dina :;S:;:i:i

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:-"..,

1..,1:, rec,)rd~ ,he


rV1y rcce)rd, ,h,\\\ Illal in carl:
l\\ Ihal early Fcbrual)
Februal) 200i( ,oon
'oon aftcr
aftcr your initial dcci:-;ioll
dcci:-;ion to ukco\cr
Llkeo\ cr COUIlt":\1
Country II ide. I ",,'Ild
)<.·nd you
l\flltcr, Je,cnbing thl: conduct
l\lltter, notice:, Je:scribing cOllduct o(Countrywide:
ol"Coulltrywide: In court herc Angeles, relaLvc
here in Los !\ngeles. rclaLvc to
til litlgalio[
litlgaliol In
SUIIUWI7 !crnik S({),\'~·f()!J,
SUIWWI7 \. !crnik. S({),\'~,f()!J, \\l1ICh started in Cklohcr 200:i.
200:'. and IS still going on today.
today,
I-:IlCIIl"-'d I' a pr~',>s rclca"l~ dakd [)cccmkr
I-:nclo".'d '. 2()1)8.
[)cce:lllkr ), 20/J8. tilled:
Who's in Control? Countrywrde s Involvement III a DubiOUS Los Angeles Superior Court Case Continues even
after 1 akeover by Bank of America: U.S. Department of Justice has tolerated the runawa~1 LA court In the past 8
Takeover
n
years. and thousands (I) are falsely impnsoned by the same court for over a decade

;\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-
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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

Lcwis, Chairman, CEO, and


Kenneth U, Lenis, Pn·sident.
lind President,
Teresa Bn'lIner.
Bn'lIl1er, Associate General Gencral Counsel
Counsc!
For Bunk
Fol' Ihmk o!'--1lflcricu
o(-1r/lt'f'icu (('(lrl"i/'lIl/(1/I
'url'0l'uliol1
Martin Ikrg, Editor'
F{l/' The f)aill'
Fill' jOl/rI7,t!
f)ui!\' )0111'17,';
Honorable ROllald
The I{ollonlhlc Ronald (;corge, Chicf.Justire
Georgt\ Chief .Justicc
('alliorllia
('(/liiurllia SlIrr,.m['
SuprclTli' (( '(lUI'!
'''Uri

Kaisl·r. Assishmt Director


Kennelh Kai:i(·r.
Kenneth
For II It' FIJI
FI)I' (he
Kllnnelh 1\1c1~OIl. Director
K(~nlll,th Melson.
'lich:ll'
\lichae 'lukasc).
\'lukascy. Attorncy
Attorney Gene!'al
r'll {h,' C SS', D"!!(Ii'lJlJe'1I1
r'il' Ihl' f)ej!w'(JII,'II{ "f.ll/slic,
"{.ll/stic,

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

Angeles Superior Courl, 4) Thollsands of innocent people falsely imprisoned in Lo~


Los Angeles
Angdcs County,
California.

( 'pulb.:1 and ullr.:prc\cntcl!


ullr.:prcscntcl! l',u1ic'\:
l',u1ic's:
I am an lInreprc\c!H(xi
lInreprcsc!H(xi indiv idllal, cill/cn orthc'ljl1itcd Stdle~, re,idcnl
ind!v idual, n:-;idcnl or the County 01'1 lh I\nl~ck~,
01'1,\\ I\nl~cks. C.ilitcJlllia.
C:ilit()lllia.
DlIIlIl)'
DlIIlIlt' til('
tile' pcri,)d relcvant
relevant to C\Tnh dcscrib<.X1 bel"" I wa, was al,o
abo a resident of the cit)
city or 13cverl>
Bever!> Ij;,lb.
II;,lb. CL

A. Brief chronology of organized crime actions under the guise of LA Superior


Suverior Court actions,
Cklober 2005 II have h<:cn sel
SIl1CC Cklober crdy abll~,~d
se\erdy ablls,~d and har;lSscd under thc guise of litigation in tile ll aillurilla
alliurilla
Surerior C01111 ill S,I/I/,/Ull
Superior Cnlll1 /cl'llik I,W
S,I/I/l/Ull",'/crnik Monic<llalil()rlli:t. I have been
'fJS-.j{J(Jj in Santa Monic<llalil(Jrlli:t.
I.W 'flS-.jljfJj becn rq)ciltcd\)
rqX:iltcd\) calic'd tll
tn
appear
appcar in Cl)urt: III) nunmllik routille~
C,Hlft: III) routillc~ ))ere
\\Cfe 1:l1tirely
(:l1tirely llndcn11lllcd: have' b~'Cn !orcClllo
unden11llled: I havL' lorcClllo ~,pclld large ,Lin»
,UI11> of
monc
moneyy on Iq:al e:--penscs: and I !la\c becn
Icf:al c:-.penses: been forced to sl'end
srend most or lTly da),
of 1Tl) day, studying thc law and \'arious other
the lal)
jicld~
lields I'll' my o\,\n de tense,
dctCnsc,
In 1'-iOVCIll~1'
1'-iovelll~r 20!.!.7 I lI'a." driven
drivcn ,Iut
(\lIt 1)1'
()f my hOlllt'. the prnpcrt> ahm'e, in Ikl'crly fflilb.
prnpcrt: listed ahm'c, lill:,. 1I1lcln
1I1ldl'l' the
thc Ihreat of
violence hy John Segal, rrelcndinic'
violeilce rrelending to act as aludge oflhc Supl~rior
a judge oflhe Sllpl~rior Court. and All D~l\id
D~1Vid f'ibternak
f'ilsternak ilo1Tll'r
(101I1l'r
rresident Ilou~e of Jll\tire'
rre,ident Jllstice· Bct'I
Bet 'I ledck) pretcnding
pretending tlltn act a, il wUl1 0tticer. while both klIC\\' all al()n~:
coul1 0ttiCCr. al()n~~ that th·~y
\\ercaL'ting
\\crcacting with no authority at all. out p(cornpliance
o(cornpliance and in violation ofth,:
of til,: Ia))
/a\\.
SOlllctilllc
SOllletillle ill I"tc ~Y~11ltJ<:.L2iJ07
in lette ~Y~1l!.tJ";E2iJ07 '\li l'aSll'lll~tk ctHl1llli{1cd Ic)rced entry inlu the pn'peI1~ ilild "tOCI\.:
l'aSlell1~tk ctHl1llliocd ..tonk P,);s,,,,';ion"
[1,);"s;ion"
(If it. with no Ic~al
(,fit. foundation at ill
lcf:al foundatiol\ all.I.
In [)ecellllJ.l'I'](~E
[)eceml1."I'](1Q2 1\ It l'iLstCnlilk suhjecttxllll)
subjecttxllll) prorcrty
pro[1crty to lraudulen( coll\'Cyancc of titlt~l, and proceeocd
lraudulcnt coll\'l'yanee proceeded III
collect somc
some monics in c\c'hal\!!c
e:--chan!!e t()r
'(H' the I'fllpel't) Ir(lrn Nivie Samaan. and keeping the I'll
rwpel't: 1i'(Irn ncb to him'>l'I';
flln(1.; him'>'.."'; with no
l(lundatiDn at all.
legal loundatiml
\\'hclll
\\'helll tried 10 'Iilnd I'm m> rights, j \\'a~
to ,Iilne! was pllqxH1edl)
puqx)rtcdl) le)lInd in Cllnkillpt
wnlcmpt of tile court: I r·urportedl)
Offill' purportcdl: had sanctiOlh
inlhc len::; ,,(thousands of dol
inlhe lars Sl:lU~X)f\
dollars Sl:lU~X)n me: ()rder~ pU'1,ortedly
mc: I hali gag orders pU'1)l)r1t:dly imposcd upon flle rorth\:
forth,: henc:lit
benc:lit 01'
nl'
largL' c(\rpuratiOib COllntf\wid~.
lar!lc' cnrpuratiOib Countf\widc. Old Rcpublic Title. and United 'I itle, through 0: parte proc~eding"
Republic Tille. proceeding,.
On llil2i)~2_0.QZ. I \lib
\lib subjected Int[l lhe lir~;[ orsllch
the t\r:;[ of such prOl:Cdllfl:' il1itiated by Counl!) wide. and held in aa dark
I'rOl:cdures -,-. initiakd
courtroom in the Los Angeles Superior Cnurt
thc l.os Court by Judge ,Jacquelinc
,Jacqueline Connor lBest (Best known
kno\l'n for dcr;liling thc
the First
fblllpart Trial
TrialmIn ::'OOO),llflth.;:
::'OOO).llflth.;: c<llcndar
c'l!cndar and olllhc
oflillc record.
In t{Q.vcmQ.er
t{Qyt:mQ.er 2007,
2007. I had a fi'auduknt
fi'audulcnt Receiver Atl. l>avid Pasternak appointed upon flle by Judge John
Segal. through anothcr
another sham legal procceding.
proceeding. with 4-da) notice. Att l'a,tcrnakPasternak was purportedly ve:slt.'d
VC:'itc-d by Jolm
Johll
~et'al
~egal VI ith unlimiled ahuse and hal~l~s,
unlilTlilcd pcmers to abuse hal~lSs, deriving. his :lulhoril)
autlloril) li'om neither aju,lgmentnor
ajuJgmerH nor any sectiunseuiul1
of the Califomia cllde. n'eyondn'cyond the tllell
tl,ell orm:-
ofm) property purpurtedly
I'urpurtedly on bch;I!f(lfthc
bch;I!f(lfthe ('ourt. /\tt Pasternak
(·ourt. Att
ti-.ll1Jl1lenl[y
ti-.llldu!cnlly incurred me \v \\ ,tb orthoLisand~ 01'
,th hundreds ol'thousands o( dollar.; in la\ liabilitll'\;.
inla\ liahilitles. since he
hl' colkclcd
colketcd the full
proceed" O!'tlll' ...ale,
,ale, and dekrred till' !,aYl1lCm
!1aYl1lCm O(I:1;\C"
o(I:1\c"
I2c:c:<:Il..'J~LL~~)QlI was subjected tll
()n I2c:c<:Il.. tn anot 'l~r C\
anot;ler c\ p;H1e pru<.:edurl' I('r tilllc' irlltialed b) At!
I()r gag order.-.. lhb tilllL'
l'astlTna!i..
Pasternak. lelr le)r tile
tllo; bc:nditof FSCf<l\\ and I :njkd
bc:nc!it of \1ara FSCf<l\) :nitcd Title
Titlt:....
In !j;bru<l0:£fl08.
ij;bru<!0:£(108, I '"as
'sas fraudulcntly
fraudulently threillened with jail time by .Imlg(·
.Imlg(' Terry Friedman, trying
tryi11t' to rreventllk'
rrevent Ilk'
from exposing the fraud in Countrywide invo!vclllL'nt
involvcilll'nt inlilis
in this Cllse.
case.

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

And (}avid Burcham, Dean of the Lovala


Lovola Law
l.aw School, with Catherine Fisk wrotc
\\'TOlC ill
in 2000:
" .,judges
,.judges tried a;d sentenced a staggering number of people for crunes
cnmes they did not commit.
commit
How could so many partiCipants In the CfImmal have failed eith,~r
cnmmal justice system [lave eith,~r to recognize

-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

that had allowed acc<:~s


had [[ been allowed access to Sustain. non~'
to Sustain. non~' itit could or
could evcr
evcr hal'<.'
havc happened,
happened,

SinC\: )ullc}008. the otTice Pr~sidingJudge


oilice of Presiding Judge ofthc
of the LosLos Angeles Superior Court
Angeles Superior Stephen Czuleger
Court Stephen Czuleger ha, ha; becn
been

re!i.l~ing
rc!llsing to anSIR'r the simplest qucstions:
qucstions:

•• Is Is Samaan ,Zernik (SC087400)


(SC087400) aa truetrue case
case o[ of the
the California
California SUllcrior
SUllerior Cuurt?
Cuurt?
Ihe
the .\ill/r1esl
.\ill/r1esl answer wn/l/d !Iu\'('
answer lI'nll/d hu\'(' bi!Clllo U/lllll' me
bi!Clllo U/lllll' (lCc!,!ss Ihruugh
me (lCc!,!ss Ihl'uligh SILI'luill 10 Ih,:
SILI'tJill!O Ih,: HO'lks
HO'lks ,).1
(jl
(', Ill/I, 1111;
(', Ill/I, du; flldn uJ All
Index uJ Cw'es (( '<1lcnJor,
A/I CW'!!S 'u/endi/r JI/'}h' (',JUris,
'1Ih,' (', Lie lhu
/Uris, Lie .HilIdeni",,"
Jhu IIII .HilI ,kni",,"
Is
Is thut: or i~n't
thlTt: or i~n't there an an entered,
entered, effectual
effectual Aug Aug 9, 9, 2007
2007 .Judgment
Judgment in Samaan \'\' Zernik'!
in Samaan Zernik'!
iLl r{)/>!>",I
!! 1\\I <LI u,llll.\' hum!'
I'u/>!>",I u,llll.\' hum,; !!lIrf!urletih
!!lIfJ)urletih'lIW',' /Iii/II I,!' JJ .li!chjudg/}/(,l/1.
'llllr,l Ih//1I .\I!ch judgment [Jur[Jur ilil isis 001'iOlls
"0\ 'iO/lS Ihatthat 110
lin
.I;h'l1 \'{did "fle"lIIal ill'~'!Jlh'll1 ,-xi.lIS
si/th \'{Jlid ,'(!ctlllili i/l'~'!.I/I,'1l1 ,'xis!s

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.~~")

i,'i the USC CL refusing to implelJu,'nt


Wh~' i... implel1l('nl hasic ~tandard procedure con~istent
basic ~tandard consistent \\ilh
\vilh "sound
"sound
hllnking principles"'.'
5) Ufl'
5) of Ikl'('r~1'
Ci~l' oj /kl'('r~1' lIill.\' aflll ilY
lIi/l.\' afll! Departmef/t
/'olicc Department
iIY I'olicc
ham'i'iOlCIll that prL'Ccded
During Ihe ham"mcllt p!L'Ceded the theft of my house, I arproachcd
approached the BClcrly
Beverly Hill>
Hills I'olice
Policc l)cpanmcnt
Depanm<.:nt tlJI'
tiJr
protection. on several OlT,btOlb,
prolL'Ction. OCC<blons, At ail
all times,
times. the Beverly Hi!ls
Hills Police
Police I:kpartl11ent
Department absolutely
absolutely refused
refused to
to providt:
provide:
protection. or to investigate,
invcstigak. no matter how strong the ",vldence
eVidence prodlJCcd
produced in in support
support of
of my
In> complaint \\'a~ Thi~
complain! \\'a~ Thi~
pmvjckd the ivlayor
mOllth I pmvickd
month ivla> Dr and Cit)
Cil) Council
Council a short ovcrvic\\
overvie\\ ofof the
the situation,
situation, -nle foll()\\ing
"nlC fol qucstions are
101\ ing quc,tiol1s are
addrcs'icci to the l\la)or
addressed Mayor <HId Council (11' lkverly Iii)/:;:
<lnd the City ('ouneilllflk'crly Ilills:
Rcgardl~s of the conduct oflhe
Rcgardh.'ss of the District
District Altorney.
Allorney. was thl~re!is there
WliS thl~re!is there ;lny
;lny justilication
justilication for
for the
the refusal
refusal
BenTly Hills Policc Ocpartment
of the Bl'wrly Ocpartment tn to protect
protect me
me in
in this
this case?
case?
Council takr
Would the Mayor and City Council takf irnmedialt'
immediak action
action to
to compel
compel the
the poliet
polin to
to pt'l'form
pnforlll its dutiL~
its dutiL'"
pro' ide report of its imestigation
and pro\ide imestigation as
as soon
soon as
as possible'!
possible'!
Tzede/; ~/hc
6) Bet T::edek ~/hc JlUllJ>c! 11 Juslice
HUllse t1Juslicc

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

E. The Sl"OPC of the prohlem _. orgaJ1i11.~d


SHIJIC lind cost o[the organil.cd crime in 21"
2\ <l ccntun
Abu,c ol'ci.,.ii
,\bu\c ri~hts in 1,0"
01' ,ivii ri~hts 1.0" !\[lgde,
i\ngde, County is on a scale that is heyond
beyond cOll1prchm\IPI1.
cOll1pn:hL:n,ioll. 111,'
jIll' Pill.' \\a\ to
11111.\ I\'a\' 10
rationalize the ~,ituatloll.
rettionalilc :;itualloll. is that
thaI r.os
Los !\ngeles County wa, ahandoned b: the I(j.S. (,p\lTllmClll Ilc:dna!
j.S. (;L'WrlinlClil <:dn;t!
agencies lost cOlllrol I~nterrrise
cOlltrol to the i'.rlterrrise
Such LOlldttiollS
Suell cOIlJitiollS Ill\h!
Imbt 1H1t
not be allowed to persist. The cost ol'thl:>
orthb Lnterprlse: W ~()"ICI:
F.nterprlsc \(\ Soull".erll ((~llit(lT"Ilia
sOl'lel) il SUlIll.erll ,tll!<Jlllt;\
eCOIlOllly Mthe
and the CCUIIOIll) or the lillited
l;niled StCltes
Slates is prohibitive. The emergence
emcrgenCL: oITolllllr,\\'ide
or Countrywide ;1- .1 Ulrrupt
;1' ,11:orrllpt
and the sul1-prime
organinltion allll suh·prime crisis that f(lllll\\eJ.
f(lllll\\cJ. could nol
1I0t have taken r1aec
place had il n"iIlllt bct:r1
been lor
I(Jr til"
tllc'
gcnerali.o:d. li·aud-l'ri,'lldly.
gcnerali,o.:d. fi·aud·l'ril'lldly. 'Time-plTlilissivc
c'rime,plTnli,,;ivc conditions
condition, c-;tahlished
e,tahlished in II.A
i\ Count) bl by illl'
till' r:nt.'r;lIl,c
I:nt:rpriic. .And \[ld
the cost to the lj.~.
tile eClJ!lt\lTl) ol'the "lIb-primc
ljS eCOf!pmy ,uh-prime ni,;is alonc
alone is in the trillion> ordullal~,
trilliolls 01' d,lllar>
I'Il1~ casc ,hOI"
1'I1I' JlId~l' ,hlcquclil\('
sholy, Jud~l' ,hlcquclinl' Connor, r!.:J11c,ellling governJl1l:IiI, ;1~
rqlll:,enting corrupt governmcnl, c()nll"(lll:n~ p;tr!\
thl' (()I1lti,III1~:
<1, till' P~lrt: ill
in a
ioint ctlur1.
i<.>int Samurls and Countrywide
clIort of Sandor Samuels Counlrywidr . .t"corrupt corporation, ,malltllllc
corrupt mega corpnration. ,mall time prc\ctitio::cr,
pL\ctitioners of or
white collar crime such a~ a, Ni\ic
Ni\ie Samaan . .lac :\rrcAnc Lloyd. ilndand Victor I'arks. fac:ilitatcd
facilitated by large I:\\\'la\\ linns
firms
Shellpanll\1ullin
,uch ;IS Shellpanl Bry'lll C;1\
Mullin and Bryml l~lCe of such onslaught 01
Ca\'("r, 1.1.1'. And in the t~lce ofaa li'<lud
fraud m.lChiIKTY.
nl.lchinery.
<lll others yield alldjuin
,liluthers al1djoin thl'
the \Vllll1ers
Winners in a Ilell/l
frenzl \lftr,llIds:
oflIaucls: la\'.yc;rs,
I,myers, l'serOI\'.
l',erOI\. rcgiolmr.'recorcler.
regi,tmr-'reLurcler, rcaltor",
realtors, and
consUlllcr banks.
C'1I1SUmer
This i~ i, thc
the true
truc face ofor LlrganllcJ
(lrganilcd crimI:
crimc in the 21" 2!" cenlllry
century ill
in LA Cuunty.
County, Caliltlrnia.
Caliltlrnia.1'1 lie
he collaboration 01 ol
iclor rarks. Jae
.... ictor Jar Anr Lloyd and anel Countrywide In in their l'ratld
f'raud agilin';(
again'a the liS. (jovcrlllllcnt
(jovCflllllcnt illin subnli~si()11
submissinll
(01 loan applicalil\Jl",
,of applicatil\Jl", I'a" n,ordina!c'd
cllonlinated Ithruugh thc cOlllputer
Ii III ug It thl' I'Ull1flukr lIet\\'orks
networks of Padl1c
Pacil1c Mortgage Consultants.
Consultants,
and ofCountfywidc il:.cll
I\I1J the mega fraud ofCountrYI\IJe itself ill 1I11lkJ'\\llting applicatillllo. w~,s
tlnlkl'\\lltill~ of unworthy loan applicati(<ll~. WI";
maslermimh.'d b:
masterll1indcd b-, Edge
Edgr ('olllllrywiJc's
COlfiltrywiJe's un,kn\riting monitoring ~ystcll1.
unlknvriting ITloniroring ~ystem, whieh
which ininlhis GL'ic' was ~;een
this GL,e' ~~eef1
ooperating a,; the eall1011
pcrat ing as camouflage s-,stem
tlage S1 for \'\ i•.llati,'n
stem I(lf iolation or 0 r banking reg.ula!
regulalions. I\nd
ions. i\ coordimttioll PI'
nd the overall coordimLtiol1 of
consortium of crime \Ias
this consortiulll \\as exerted through
througllminutc minutl' orders produced in Sustain the Superior Court's Cibl' caSl'
l11ilnagem,.'nt system.
1l1,lIla:;enlt'nt system, provided by the fret: free press ... .. ,the .Journal.
the Daily ,Journal.
:\IHI I~ll'ing such massivc
And racin~ massive power, United Tillc,
Tille, Mara her(m.
Escl(}\\, Coldwcll
Coldwell Ban"cr
Banker <llId
'Illd Michael
Michac1l.ibu\\,
Libu\\', and
LSC Unioll,
lS(' Union. and the office of Registrar'Recorder, All Charles Cummings.
Cummings, At! Zachaf)
Zaehaf] Schorr.
SChOrL aile'
arK' l\lt
-\ tt
Thomas Brown, all gave in.
ThllIU<lS in, hoping to get somc
some of the erum!>s.
crumhs.
Jacquelillc Connor derailed the First Rampal1 Trial in iODO.
Jacquelille of the r~lc
iOOO, in public defiance ofth.: ruk of la\\
law and the
power or the U.S. Government.
powcr Governmcnt. Rcsponse
Response orthe
of the U.S.
U,S. Go,crnlllcnt
Government "as\las inadcquate
inadequate and anJ Simply
simply nOIl-cxistent.
nOll-cxistcnt.
hc (','n~t:nt
'fThe Cc)nscnt Decrce
Dccree formulated under thc the 1\
\latch Mayorlias, then
ateh of Alejandro Mayorkas. lhen I.'.S
U.S .'\.'\l1ornc:
tt, ,me) for Central
Di,lrict or
Di,trict uf California.
Califomia, falsely put the blame entirely Oil Oil the L\I'[). and len the
L\ll[), ,mil lhe L,\ Supnior CI1Ul1
L/\ Slipnior C'lUI1 free to
elllllinlle the wrongs. Thercfore,
(lllltinlle Therefore, indkctual
indketual artice
artiee of the (hcrsl'er
Overseer \1<iS
was made eert<tin '\~" result.
certain.../\s" resulL local
bran~~hed 01'
branl~hed uf U.S.
U,S. agencies powcrles, in L.'\
ag.encies arc po\\'crles~ against the Enterprise
L'\ today agair:st Fllle:rprisl'
I'ro(loscd Solutions:
F. I'ro[loscd
SCtllition must come by \Yay of the L.S. Government.
S(lllllion
\-\'jth help from the courageous Honorable Diallr
\\'ith Dianc Feinstein, S,~nator, and the illonorabk
Jnd till' 10n0r,lbk Diane Dianc Watson,
Congrc,s\\ oman. I flrcssed
COfl);ressY\olllan. pressed the FBI and US Department Dcpartmcnt o('/usticl.'!l'
of ./ustice {(\ take'take aetilln,
action. II «rsued
argued tllat
that the
minimal, 111<\,;t erfective 1\,;1>
must crfcl'livl' \Vay [0
tt' approach this situation is ll\ to Cnltl[Ce
enltlree Common La" La\\ 'First Amendment rights
in l.lb :\ngclcs
inl.lb ('tlUnly, pur,u3nt
. \ngcle' C'llln!,. pur,ualll to \i'OIl 1I'~lI'ner ('O/Ilf/llll1i<'ulioll.l.
\' Warner
\">:<)11 \. ('O/llf//llI1i<·ulioll.l. Ill,'. .i8<) (lCJ7h'!
-1-'5 C..'.' ,i8<)
f/le'. -/351...\' (lCJ/h'! where thc the
l'.~. Supremc
l'.S. Supreme ('"url
Court ;tflirml'd
aftirmed "Ihc crmllllull'/Oll' right f!J inspecl und
"lite C()nlll/(Hl-/O\l' and c0l'yjlldiciu!
c0l'yjlldiciul !'<xorJ.1 ". 1.05 Angeles
n:,.o,.,1\ ".
County is uniquc,
Counly uniquc. II hope,
hopc, in the Unitl'd
Unitcd Slales
Stale, in concealing the Books Book,; ot'Court
ol"Courl -the lnde.\ lode.' of A AllII Cases.
Cases, the
Calend~H of
Calend:1f ofthe
the Couns,
Couns. Ihl'
the Registers
Regislers of Aetiuns, Judgments, I lxli(~vc
Actions. and the Boo" of Judgll1cnts. bdi(~ve tllat
that such ,1 simple
step a.s seizing thethe: COI1l[llller
compllter syslcll1
system 01 of the cour[
court and opening: it for [luhlic puhlic access.
access, as required by lall, la\\, !tlr
Itlr the
first time in over a quarter of eelltury.
century. would be sufficient
suflicient to effect a major changc change illin the administration of
justice in LA Count).
COUllt), first and foremost· to the freeing ol'those orthose falsely imprisoned,
imprisoned.
I also filed a proposal wjth
with the Judiciary Committees of the House and Senate, and with the LS. L.S.
Department oflu:iticc
of Justice pertaining to computers of
ofthc courts in the Unitcd
the eourts United States, meant to ensure that stICh
slich
prohlems are not seen in any court illin this country again,
again.

-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/"

It. !tell lIest for"


Relillest fur" Uti r illl IJlrdiatr response:
l'ka..".: lei
let me h.I1U\V
h.1111\V hO\I' would help ll1itigi~tc
ho\\' you \\ould ll1itigi~te damages.
damages, lot,dillg
lot,ding el\cr 'S2.o millions
ll\er 'S2.0 millions tOdil\·.
todil}. Ih,~
Ih,~ i1r"l't'rl>
i1P)Pl'[l~ "",till
i, .',till
lawIllll) listcd in
lawtlilly listed m} name. but wrongti.llly
inl11y wlOngti.llly occupied by hi\i('
hi\il' S,mWLln and .lac
S,mWLln and J\rn: Lloyd.
.lac I\m: Lloyd.
Public polin (:(lnsiJcratil..ns.
f'ublk polio eonsiderati(.lls, underlying tile pcrsllnalmaucr di~cw-,scd
the pc[Sunalm,nter llt.'rc. 111lbt
Jiscw.,scd II<:rc. Illlbt ensure
ensure lila: thl.' j~';lie"
lila: [hl' ar,' pl,H:<:-I
is.':ue·, ;ll,' placd
at the hi!:,hcst rriority with tile
11igllCSt rrinrity thc incoming administratiull
administratioJl
property of an
Beyond the property all individuaL this matter n:rrescntsn.:rrcscnts thethe <lbusc 01'9.5 millions
<lbuse ofY.5 millions Ilhnwho live
live in in 1:\
1:\ C, (, '\JIlly
'lIl1l) ,tnl!
ami
l~cn <lbandoncd
have been <lbandoned b) by tilc t I.S. govcmll1cnt
thc tiS gOl'cn1mcnt 1!1 in the rasl tlcl,atk, allowing the
rast dCI.'au::, the I1./1.
/\ Superi(
Superi(II''I' Cuurt
Cuurt ,md ib judgc~
,mel ib judges
to aousc Ill'
tu engagc in abuse loA COUl1t)
of LA citizells. und,~r
Count) Cili/cIIS. color of1a\\
under color of 1all ItIt is c\actly tlli, I)I) pc
l'\act Iy Illi, pe of ahlbl' that
of ahlbl' tllat i,is Ihc
the ,·.uty
,"lIt) (If
of the
the
i.S. (jO,Cl'llilICllt
lliS. ~\Ild lis
(jO\Crrllncllt and UI't"ICL:I" tu
Its ollicL:I' pnJ!l'l'! l'.~
to pmlL'l't L).~ .... itir:cI15 a~:a1l1,r
,ilio'erl" a~:a1l1,r

1./\ County arc dqlrived


We who live iill11 1.1\ lJf due Pl'()C(>s.
derrived Llf procc,s, depi ivcd or ilcce~s to
Ill' ilCCCSS Ulurt." ,1I1d
thi.: Ulurl>.
to tllC depri..... .ed
,1I1d depri of !ilir
ed uf filiI' t"ial
t"iill
Ilvcr a quarter of a cel1lury
for ,.vcr cemur)
I'Ile COl1tillucd
nle lal~c irllprisonl1li.:llt
cl1l11illlK,d 1;llsc irnpri:,ul1lllL:llt oft!l(hc' \\h<1 \lcTC
oft!losc \1110 sh(\I\n to
\\eTC sh(\I\1l to ha\c O<:CIl framt:d
have 0<:<:11 framed ITlu<;t Jlut h.'
l1lu<;t nut h: allUlwd!ll
allUlwd!ll
continue. II i,
CtlI11inut:. It ,I disgrace
j, a to all US.
c!isgrat:e 10 citi/ell". and
U.S. (iti/cll:,. aml all PC,)p!c' or good lilith.
pellpl" or lilith.
Signed un Thanksgi,ing
Sisned Thanksgi\ ing Day. the :27,1>
nih It!' :\olcllll>L:r, 200R.
of;\o\cmo<:r, ill L.os
200R, in L.llS ,\ngck"
,\ng<:k's COllnt)
COllnt).

Joseph ZCrlli~
Joseph Zernik

TIME IS OF TilE ESSENCEl


RESI'ONSE REQUIRED BY 5:00PM, FRIDA Y, I>ECEMBEH
DECEMBER 5,
5., 200H
2U08

,: 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
F
I---~~------
I---~~----- ------------------

i To: ~~~OPOULOS
I Company:
II Fax: 17043703515
m
m

From: Joseph Zernik Total Pages: 6


Company: DrZ Date-Time: 12/09/013 415 F'M

Fax l\umber: 801 998 0917

PLEASE SEE ATTCHED

WWW.EFAX.COl\l
WWW.EFAX.COM

lEe 07 2008 1C):


C): 20 10019980917 PAGE.01

-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

MrTimothyJ. MayolX'ullli, Exemtive Vice Pre-idcntand


MrTimothyJ, General Ct1\lfL~1
Fmidentand GeneraJ ('OUfLo.;e!
CoIJX.>rcttion (Bank ofAmerica)
13a.nk ofAmerica Co[JX!rcttion
100 NTryon St
NCl-007-S6- 1I
Charlotte, NC 28255
Phone: (704) 3867484
Fax: (704) 370-3515

Date: Tue, 09 Dec :w08 15::q:28 -0800


Kcshavarzi" <MKcshaval7.i@shcppardmullin.oom>,
To: "Mohammad Kcshav3rzi" <MKeshaval7.i@shcppanimullin.com>, "Paul Malingagio"
<PMalingagio@sheppardrnullin.com>, "Ted Max"<tmax@sheppardmullin.com>
<PMalingagio@sheppardmullin.oom>, Max" <tmax@sheppardmullin.com>
From: Joseph zemik <jz1234s@earthlink.net>
Suqject: REPEAT !·1LL.\JG
Subject: HLL\J'G OF OFFENDING FRAUDULENT RECDRDS IN lXJURT. YOUR
RESPON~E
RESPONSE P-.EC)Ur~';TE1)
P-.EQUESTED BY WED, DEC 10, :.wo8, 5:00PM. Notice of start of Safe harbor ha rbor period per
CCP1281
CCP 128.7-
sandor_samue]s@countn....vide.com,samuels
Cc: sandor_samuc]s(fcou sandor@CountJywide.com,
ntn"vide.oom, samuels sandor@Countrvwide.com,
angelo_mozilo@country'Nid~.com,mozilo_angel~@countrywide.eOm,
angelo_mozilo@:country'Nid~.com, mozilo_angel;@countrywide.oom,
mana_McLaunn@munlry",i.de.com, bbianco@lasuperiorcourt.org,
maria_McLaurin@oountry",i.de.oorn, "'ed
bbianco@lasuperiorcourt..org, 'Ted
Max"<tmax@sheppardmullin.iXJm>, "Van aeve, Peter D." <pdvandeve@BryanOlve.com>,
Max"<tmax@sheppardmullin.JXJm>, <pdvandeve@BryanOtve.mm>,
soverton@cmda-lm·\'.com,
soverlon@cmda-Ia'-\'.com, kdicarlo@cmda-law.oom,
kdicarlo@cmda-law.com, tfriedman@lasuperiorcourt.org,
jsczuleger@la<iUperiorcourt..org,
jsczuleger@lw-.-u jclarke@lasuperiorcourt.org.jclarkc@lasuperiorcourLorg,
periUfCOUrt.Org, jclarke@lasuperiorcourt.org.jclarke@lasuperiorcou rLorg.
Jconnor@lasuperiorcourt.org,jsegal@lasuperiorcourt.org, "David J. Pasternak" <j",.;p@paslaw.cum>,
Jeannor@lasuperiorcourt.org,jseg<J1@lasuperiorcourt.org, <j""'p@pasla\v.com>,
<jwp@paslaw.com>, "Amberg, ,John W." <jwamberg@Bryaneave.com>,
'''John Patton" <j"vp@paslaw,com>, <jwamberg@BryanCave.com>,
jenna.moldawsky@bryancavc.c.om, todd_l:3oock@O:>untI)'\\i.dc.Coma,
jenna.moldawsky@hryancavc.com, todd_l:3oock@O:>untl)'\\i.dc.Coma, "attention
Mayo"<patrick.c.ryall@ballkotimerica.mm>,
Mayo" "attention Mayo"
<patrick.c. ryan@bankotimerica.com>, "attcntion Mayo"<ocratcs@bankkofamerica.mID>,
<ocratcs@bankkofamericcLC'.orn>,
<JojQC.schilling(cilbankofamerica.com>, <i.lmayurkas@>omm.com>
"attention Mayo" <JojQ:;.schilling@bankofamerica.com>, <i.lmayurkas(a>omm.com>

December 9,2008

Mohammad Keshavarzi
Sheppard Mullin,
MUllin, lLP

RE: REPEAT FlUNG OF OFFEl'I~ING


OFFEl\/l)ING .FRAUDULR,\l
FRAUDULE...,\l RECORDS IN COURT.
RESPONSE REQUPBTED
REQUFBTED BY WED, DEC 10, 2008, 5:00PM.
Notice ofstart ofSafe
ofSafc Harbor period perCCP 128.7.

Kesmvarzi:
Mr Keshavarzi:

You recently sent me


mempyo[ papers you filed in court under the name or
copy or paper.; Sheppanl Mullin, I..LP,
ofSheppanl l.J.,P, for
motion to csb:1blish recovcry,
recovery, scheduled for Nov 21, 2008.
NO\l21,

1) No signatu rc.<; were visible on my copy. I request


signatures requcstthat
that you forward to me copy bearing you
yourr visible

DEC 07 2008 19:21 PAGE. 02


PAGE. 0.2

-70-
fo MAYOPOULOSBO.
MAYOPOLJLOSBO. Page30f6 (GM'I
2008-12 100017 45 (GM'I 180139a0911
180139a0911 ~com
~-om Joseph Zernlk
Joseph Zernlk

e Page 2iS December 9,2008


December 9,2008

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.

3) In fact, as made clear by Ms Samaan in her deposition, Mr Perks had nothing to do


do with
with anyofiL
anyofiL
Among other umpteen fraud,:>,
fraud':>, throughout the transaction in 2004, Ms Samaan impersonated
impersonated :'vIr
::VIr Parks
Parks
in fax communications. This Tlccord was no exception.

4) This record also was never recei\'(.'d by C.'.ountrywide


(.'.ountrywide on the date and time indicated
indicated above, as you
above, as you
rnisreprL.">Cntcu in cou rt. In fael thc transmission that generated that fax header imprint was from
imprint was from
Samaan in Los Angeles to her husband in Los Angeles. I Wl.:nt through that i.s.'>lle in depth
depth among
among other
other
opportunities, on august 9, 2007, in open court.

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.

10) Plea.se consider tllts


tllis notice per CCP 128.7 for start of Safe I [arbor period.
MR KF..SHAVARZi & & MR MAI.JNGAGIO: RESPONSE REQUESTED BY WED, WED, DEC
DEC 10,
10, 2008,
2008,
5:00PM.
5:00PM.

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

DEC 0? 2008 19:22 18019'380'317


18019'380'317 PRGE.03
PRGE.03

-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

• ;:>age:Y.l December 9,2008

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.

12) This notice is als..'".l forwarded to AttTodd Boock.


als..'l Boock, Countrywide Home Wans,
lDans, Inc, who was part of
the learn
tedm under Mr Samuels, who devised the subpoena frdud in 2006, and repeatedly provided
fmudulent response; questiofL<; in Meet and ('--Onfer
responses to questions ('...onfer in 2007, then claimed religious obscrva nec
nee to
void appeamnce
appe.ardnce in motion to compel. M Mrr Boock is requested to toaulhenticatc ~l estate contract
authenticate the real
olhf~['.vise. to
R'Wrd., other"wise,
fL'Wrtl, withclravv' it from the recorcL
lo withdravv' countly~idefraudulent
recorcL and with it the entire country,,:ide
noti~ the parties and the court accordingly. M r Book is according to Bank of
subpoena, and to notice
America Office of General Counsel tbe onlyo~
the only one authorilro to represent Bank of Ametica
America Corporaton.
OmIT had no record of Bryan
That OmIT C..ave LLP as authorized.
Rryan (',ave authorized to represent funk of Americ.a in this mai:ter.
Bank ofAmcric.a ma,:ter.
MRli(X)K~
MRB(X)K~ lU-:BPONSE
lU"BPONSE REQUFSTFJ) BY WED, DEC 10,2008, 5:00PM.

I]) This notice is also forwarded to:


I])
MrTimothyJ. Mayopou~ Executive
MrTimothyJ. Exccuti'v'c Vice President and General Counsel
of America Corporation (Bank ofAmerica)
Bank ofAmerica
100 N
100 Tryon St
NTryon
NCJ.
NCJ -o07-S6--1l
-007-S6-11
Charlotte, NC 282S5
Charlotte,
Phonc:
Phonc: (704)
(704) 386-7484
)86-7484
Fax: (704) 370-3515
Fax: (704) 37(}-3515
With the
With the demands:
demands:
a) that
a) that Bank
Bank of ofAmerica
America corporation
eurporation put an end to this frdudulent liligation and farce of<Jof a court,
progressing
progressing in in its
its name
name in in th~
th~ past month..<;,
six month..<>,
past six
b) that
b) ~ithdrawthe
that itit \\<ithdraw fraudulent subpoenas
the fraudulent subpoenas produCtxl
produaxl by Samuel<;, Tcxld Boock and their
by Sandor Samuel<>,
colleagues
colleagues in the corrupt
in the corrupt Legal
Legal Division
Division of \nuntryvvlde ,
ofC.ountryvvide
c) that
c) that they
they taketake action
action toto mitigate
mitigate damages,
damages.
d) that
d) they report in the
that they the quarterly
quarterly report
report for Q-N
for Q- N of 2008 such
of 2008 such material deficiency - the comprom ise
afthe
of the legal
legal t{',am of Hank ofAmcrica
tf'..am of C..orlloration remlting
ofAmerica ('.D!1lOration re>Ulting from
from incorporation ofthe Legal Division of
C:Ountf}"\vide Financial
CnuntT}'\vide C{Jrporation to
Flnanc:ial ('{Jf-poration its ranks
to its pursuant to
ranks pursuant to

Section 307 fl"


&x:1icn 307 ot' Sarbarn.'S-Oxle)'
Sarbarn.'s-Oxle)'
Sinel' material
sinee material violation
violation oflaw
oflaw has
has occurred,
occurred, is
is occurring
occurring and
and is
is about
about to oceur
occur again, as
set
set forth
forth in section 'W7
in section oftbe Sarbanes-Oxley
'SO? oftbe Sarbanes-Ox1L:y Act of
of 2002 tllt~SEC
and the
2002 and Rule
SEC Rule
promulgated there
promulgated there under
under (17 CFR 205),
(17 CfR the geneml
205), the geneml counsel
counsel must
must inform
inform his
his superiors
superiors
and the
and the authorities.
authorities. This
This notice
notice may ~1.atc that
may be in any form, but should conspicuously ~1:atc
it is
it is being
being made
made umlerSectlon
umlerSection 307 Sarbanes-Oxley Act.
Qfthe Sarbanes-Oxley
307Qfthe Act.

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):

While the criminal jus1ice sustoin overturning score';


jllS1ice system aluld sustain scores
of criminal prosecution..
p"""cution.. tainted by Rampart CRASH corruption, corruption.
thousands could hh.... ·e meant tbe
...... the CQUapu
roUapse of lbe entire LA Cwnt)"CCJ'IIntJ
criminal justice appaT3tus. As one fonner federal p",,,"culur p",,,,cuwr who
a,sessed tbe ID2gt1itude
assessed "",gnitude of such a threat lflreal put it. Rampart was
"Cbinaluwn---potentially too big for the truth" (..
"Chinamwu--potentially rerriD~ to the
(referrinj(
scand..ls tm
scandals of the Los Angeles water waler wan), Similar .vicknc<:
eviden« of
containment also .merged
containm.nt emerged during iute",i.,...
iute!""iewo exploring
explorillg tbe
the Roan!
Board of
Inquiry investigations. Members of the Board of luquiry's work
product working group reported repQf1ed tbat when they punned lbe
th3t wben
nrord,
...curtls of Rampart CRASH alumni wbo who bad graduated
gruduated into Metro.
sergeanb' logs missing. When they asked to launch a
they found 'ergeanb'
broader inquiry into Metro, they wel"l! told it would wQUld not happen
beea....
be<:a .... M.tro
Metro WAS unmuchable.
untoucbable.
Facing a cboice
choice between
brtwem ront2inment
containment or catastrophic failun, the
operators of any system- law enforcement prosecuturs
"11)' S)'Stem- prosccutun and
judg.,.·ine:<o....bIJ
judg.,.·ine:<ofllbly <:boose
choose containment. [t j, is nol
not tlml
tlmt intfu-idWlb
iotfu.idWlb
or entili... ronspi."d
ronspirrd to covercov.,.. up cormption;
corruption; il it is that
iliat when a
"indow on its truetrne eumt
euent opened, they th~ simply dosed it

REJ:<'ERENCE:
http://inproperinla.com/oo oo-oo-rampart-blue-ribbon-review-panel-200&-repo rL rg[
hltp:/linproperinla.com/oo

DEC 07 2008 1'3: 24 18019'380017 PAGE. 0':>


0':;

-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.

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• Page 319 December 4, 2008

2) Earlv 2007- complaints to FBI are rebu.ffed.


I had no background in law, in banking in mortgages or in real c;,tate, but I had to learn it all. By January ::007, I
filed the first complaint with the FBI, against Countrywide and Samaan. Among other claims I made was the
claim that the wholesale branch was involved in massive ftaudagainst the U.S. Government. The scope of it I was
not sure of.
By March 2007, r made first estimates that the liability to the U.S. government was in the hLmdreds ofbilliolls.
and that was when the FBI told me to stop filing papers at all. I also figured out some specifilG fraud methods used
in such wholesale branches relative to the operation of Edge, an relative to the operation ofttle fax servers.
By ~ and again by Marcl!1QQ1. I filed complaints with Office ofThrift
of Thrift Supervision ~111 FederaJ
Federal Trade
Commission. Both agencies handled the complaints dishonestly, trying to cover up Countrywide's unlawful
conduct, but the Office of Federal Trade Commission was unabashed mthis
m this conduct.
Samaan 's loans, Diane Frazier,. whc,
By March 2007, I also managed to locate the original Underwriter of Samaan's who was
laid off in early 2005. T reconts, the struggle between Maria Mclaurin, Branch
I figured out from the underwriting reconls,
Manager, and the Branch Senior UnderwritCf - Diane Frazier and Corporate Underwriting OffIcer - Demetrio
Gadi, in a situation where Mclaurin was blatantly pushing them around in her determination to perpetrate fraud
on the U.S. Goverrnnent an on Countrywide share holders as well (Samaan was offered no fees on a loan tul1
required 0.75% fees).

3) March 2007 - [UYt but not last death threat


I

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

4) Attempts to asked fOr


tor Moz!!:o's and SClltIUefs' help in stooping the fraud were left llnaJi!.w,,'ered, and
Countrywide's fraud records became the (oundaJifJn ofSaJttJlqn's fraudufent lI!jgation.
Some of the records that were obviously fraudulent, and served as the foundation for the fraudulent claims by
Samaan were:
a) Underwriting Letter dated October 26, 2004, which Countrywide and Samaan fraudulently reprt::s.mted
in court as a valid undetWriting letter dated October 14,2004. In filet, it was never part of the true loan
application file. That record with some explanatory mattTial can be viewed at

-78-
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~r'lER I C~
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• 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.

In the envelope [I left a letter, with copies or


of a couple of the fraud records listed above, and asked that he hel
rouple ofthe he! ppstem
stem
frnud against me by either authenticating or repudiating the records as falsely represented in court.
the /'mud
The response was swift. The web site of Set Tzedek disappeared within 48 holm, wee,k or so later, ~rhen
hours, and a we<::k ",hen it
re-appeared there was no trare of Samuels and his campaign against fraud in it anymore. The web site was
actually an older version from 2005:
http://mproperinla.c.oml07-06-2Q.-countrywide-bet-lzedek-&:!lbuse-s.pdf
http://mprmriola.c:oml07-06-2Q.-countrywide-bet-lzedek-&jlbuse-s.pdf

-79-
DEC 09 2088
2008 22:52 FR /: OF A~1ER
A~1ER I CR (1214:::J86457~
(12I4385457~ '318[34254288;'
'318[34264208;' P.05

• Page 519 December 4, 200S


2(X)8

Mozi\o also had a web site in which 11<:


At the same time, Angelo Mozilo he announced his commitment to fraud prevention,
and that he operate a 24(7 Fraud Hot Line. I tried to call that line numerous times, to fax to· Momo,
Mozilo, etc. 13ut
But the
never got any response, and when I tried to follow up, it turned out that my letters, faxes always disappeared.
J then decided to email directly to both Mozilo and Samuels. I1 did not know their email address. but I constructed
it in accordance with the syntax of other email addresses in Countrywide

5) July 2007 - strut ofretaliawn. harassmeNt and severe abuse Q(mv


o(retall().tlon, harassment, o(mv civil rights hy counsd for COUnI[J:JJLk!£
CounJrJ'.lJl.kk.
- Bryan. C(lve. LLP
The response was swift:
On July 3.
3, 2007, I received the first letter of many, from Jellna
Jerma Moldawsky and John JOhD Amberg, (Bryan Cave,
2QQ7 for an ex parte applieatkJn by Countrywide fix
LLP) and JI was told to appear on July 6, 2Q07 t1)[ II Protective Order,
allOWed at th3t
which was a) Not allowed that time, since diSC<lvery had already been terminated, and b) Was a not sO veiled
cover for a gag order against me.
But only much later, I realim::l
realim::! that the procedure was conducted when the Court ofJudge
of Judge Connor was "dark",
both fIguratively and literally.
literally, there was no clerk present, an there was no other person there for court business but
us, In short - it was a proce<lure
procedure off the record and off the calendar,
Judge Connor did not award the requested gag order on that day, or so I was told, Judge Connor was neve:
neve,: to be
~'l1 before or after came out to tel Ius the outcome. No minu'[e
seen. A person I have never S<X.'t1 minu'te order was is';ued
for that procedure in the paper court file, and in the secretive LA Superior Court computers systems it is written
with the comment "Procedure not recorded",
recorded".
5uch procedure was scheduled, out of
later. when IJ demanded that Bryan cave, LLP, explain how such
Months later,
compliance an in violation of the law, and in severe abuse of my civil rights, the only response I got was that
nothing improper was done.

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

• Page 619 Derernber 4,


4, 2009
2009
Derember

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-
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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

20ll7, Attorney Pasternak. filed fraudulent grant deed on my ptope


By December 17, 2..QQ1, in the office of the
RegistrarIRecorder of LA County. To this very day I have not received a penny fro the proceeds ofthe
purported sale of my home. The fraud by Pasternak on behalf of the court was co cd by veteran FBI ai~t~nt,
James Wedick, decorated by the U.S. Congress, by the U.S. Attorney General, and b the FBI Director. His
opinion letter of the transaction by Pasternak for the court can be viewed at
http://inproperinla.CQmJ07-l2-l7-opinion-letter.fraud-in-grant-deeds-wQf
http://inproperinla.CQmJ07-12-17-opinion-letter.fraud-in-grant-deeds-wQf

8) Iud close . nd 0 SaNlor Samuels continues he abuse to t


Friedman - a cLose dilr:
Mr:
11. 2008, Judge Friedman, in an unrecorded adjudication, with no judici authority in thIs case at all
On January 11.2008,
(he never had any assignment order, - like all other judges in this case), iSStItd an a st/aci,o
.rt!ac'i.() order, that Judge
Connor's gag order (which she had never issued) from July 23, 2007, was "in/tiU/o
"in!uU!o and effect".
He then proceeded in Eebru~Marcb, 2008, at the urging ofCountrywide, to sancti n me for $22,500, for
violations in 2007.
2007, of an order that he fabricated in January 2008. He also purportedl found me in contempt of
the court, an tltreaiened me with jail
jail
Abuse continues to this very day.

9) Who is IJryan Cave UP rr f too i'ls it Bank 0 Amuil:a Co orati(m


The latest was a motion by Keshavarzi for Samaan to establish 1111 "ReclWery". In fact, e abuse could continue for
ever.
ever, since there is no judgment in this C<lSe.
case.
Ofnote, in recent months, J have sent Bryan Cave, LLP, notes demanding to know identity of their client
They refused to answer. Given my experience with !lny
lUly possible fraud on me in this urt, I :'lsswne that they
never disclosed to Bank of America Corporation of what they were doing in the Los les Court, and pnlbably
pmbably
being funded by Sandor Samuels, who - I have no indication is authorized by Bank f Ameri~l to do so.
Not surprising - the Court ofJudge
of Judge Friedman is in collusion in this fntud. On October 1,2008, he issued a notice
for a hearing on Nov 21, 2008, To hide Countrywide's participation, he issued a biz3fr"e and invalid notice, and I
refused to acknowledge it as a valid court notice.
I find it hard to believe that Bank of America Corporation would participate in such
believe that Bank of America Corporation would like to distance itself from the corro
COml
Countrywide.
I request that you inform me as soon as possible, but no later than FF 'da December Ul
2008, 5:00pm who is aUowed to represent Bank of America Corpo tion ill negotiatiolll for
resolution of the current travesty.

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.

b) Why is no judge appointed as required by law through an assignment order?

-83-
DEC 09 2008 22:53 FR : OF HI1ER
Ar1ER I CH
CA 7043864579 :3180426421382 P.09

II

• Page 919 Decen1be~ 4, 2000

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 !

Date Joseph Zemik

** TO TAl PAGF. i/lCl **

-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
300

S!lnla Monica.
S!lnla Monica.CA
CA 90401-2386
90401-2386
Tel
Tel (3101576-2100
(3101576-2100
This facsimile C()ntains
CQntains mfonnalian that (a) is DCDC may be LEGALLY
LEGALLY PRIVILEGED,
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(3101576·2200
IN NATURE, OR OTHERWISE PROTECTED BY LAW PROM DISCLOSURE DISCLOSURE and and (b)
(b) isis immdcd
immdcd
for tbe u~e of the Addressee(s) named herein. If you are not me me intended
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recipienl, auau address/ee,
address/ee, WINW,bryaOCJve,com
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or the person responsible for delivering iliis to an addressee, youyou are
are hereby
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notified that
that reading/
reading/
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received this
this facsimile
facsimile iu error ple;~sc
iu error ple;~sc
telephone us immediately lind rnail the fac~imile back to Il$
Il$ at the address [0 the
address [0 the 0/;111_
0/;111. Thllnk
Thllnk you.
you.

Dare: December 11, 2008


Froll>: Jenna Moldawsky Telephone: (310)
(310) 576-2377
576-2377
Sent by:
by; Secretary Sender's DlIect Fax Number:
Number: (310)
(310) 576-22(10
576-2200
To: Joseph Zemik DMD Fax Number: 801-998-0917
801-998-0917
PhD
To: Moe Kashavatzi, Esq. Fax Number: 213-,620-1398
213-,620-1398
Company:
Company; Sheppard Mullin RIchtt:r
RIchtn
& Harnpwn, LLP
&

Robert J. Shullcin, Fax Number. 310--447-1902


310--447-1902
Esq.
Company: Coldwell Banker
Residential Brokerage
Company
To: David J. Pasternak, Fax Number: 310·553-1540
310·553-1540
Esq.
Company: Pastcruak, Pa;;temak &
Pa(wn,ILP

Matter 0211679 Timekeepe.r ID: 9076 Number


Number of
of Pages IncludJJlg ewer:
Pages IncludJJlg C<wer: 33
Message:

-86-
Bryan Ca'ie LLP

Facsimile Cover Bryan


B llP
ryan Cave LLP

Suite 300
1;'0 Broadway, Suite
Santa Monica, CA 90401-2386
90401-2386
TIl
hi ;310)
(310) 5762100
576-2100
C(JIltainS infonnation that (a) is or may be LEGALLY PRIVILEGED, PROPRIFTAI~~Y
This facsimile c\Jntalns PROPRIETARY
IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE DISCLOSURE and (b) is intended F,
Fi x (31015762200
(310) 576-2200
use of the Addressee(s) named herein. If you are not the intended recipient, an addres~ee.
for the usc wNw.bryancavecom
"" Nwbryancave corn
the person responsible for delivering this to an addressee,
or the addrcssee, you are hereby nOllfted
notified that reading.
reading,
copymg
copying or distributing thi,
this facsimile is prohibited. If you have received this facSimile
facsimile In
in error, please
telephone
tclephone us immediately and mail the facsimile back to us at the address to the thc right. Thank
Thank you
you.

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

Matter 0211679 Timekeeper [I):


[D: 90 7 (j
9076 Number of
Number of Pages
Pages lncluding
lncluding (,1 lvcr: 33
(,1 )'o'cr:
IVlcssagc:
]Vlcssage:

'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
,!il-S7(,-2Y'7
lcnna rnolda\vsky~~b')'J.flcJ\C .CI.llTl

December 11, 2008

;'-:(,/.1 11 C;lve LlP

VIA FACSIMILE AND EMAIL

Joseph Zernik DMD PhD


2415 Saint
Sault C;eorge Street
Los j;eliz, California 90027
m ~-3"-l'llilka rth 1111 k.lle [I

Moe Keshavarzl, I':sg.


Mullin IZlChter
Sheppard I\lullin [lampron, I LP
H.lChter & [lampton,
333 South 1 lope Street, 4Hth I;loor
48th 1;lom
Los Angeles, CA 90071144t\
900711448
I'acsllnilc: n (l20
l'acslmi1c: 7.7.]) ()20-1398
-I 39H
tnJ,~'sha-'Jlr/l(a'sbeppardrnulllILQ)m
tnJ,~'sha-'Jlr/1(a'sbeppardrnulllILQ)m

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
r()b\:n.jh1Jklr}(a)clm5}~t;S_com

DaVid I.J. Pasternak


Pasternak, Pasternak & Patton, LLP
1875 Century Park East, Suite 2200
Los Angeles, California 90067 -2523
Facsunilc: 310-553-1540
Facsuni1c:
dwCqlpacsl~~s()m
dwCqlpacsl~.\~s()m

Re: Nivie Samaan v. Joseph Zernik


Los Angeles County Superior Court, Case No. SC8087400
Notice of Ex Parte Application

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

Vlolaoons of the July 2:1,


his repeated vlOlaoons 23, 2007 Protective Order directing
directing Zernik
Zernik to
to communicate
communicate solelysolely
with Countrywide's deslt.,'1latcd
desit,'11ated counsel regarding the present actlon
actlon and
and no
no othCl"
other Counlrywlde
Countrywlcle
or employees ("Court Order"); (2) for an order to show cause
officers (II' cause why
why Defendant
Defendant Josel'h
Joseph l.erlllK
I.ernik
sh( >ltld not be held in contempl and sanctioned accordingly for his
should his contmued
contll1ued violatlons
violations of
of the
t he (:ourt
Court
Order; and (3) for a modification of the Court
Ordn; Court Order to include officers
officers and
and employees
employees of of all
all
Countrywide affiliates, lllcluding
including Bank Of America Corporation, wluch which acqUired
acqUired Countrywllk
Countrywide 111 Ill)Jull
ul)
200i) (the "Motion").
20(1) "J'vlotHm"). Countrywide requests that the Court set the the earlIest
eartiest possible
possible heanng
heanng (\;Ite
date 011
on
i\\ot!on In the alternative, CountryWide asks the Court to set
thiS Motion. set aa hearing
hearing date
date of
0 f)January
anuary H,H, 200(),
200(),
whIch
whICh would provide the parnes
partIes with sixteen court-days' notice.

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.

V cry truly your~,


Very

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
<Xl
<'l
<'l
N
N ]2
12
00 Plaintiffs, PROOF OF SERVJCE
o ~~
<'l 0
<'l 13
0.. OJ
0..
..J
..J
OJ 0101
!:::~ « (Filed concurrently with Ex Parte
Parte Application;
Application;
~ ~ ~ ]4
14 vs. :\1emorandum
\1emorandum of Points and ,\llthorities;
'\llthorities;
~ ,.: ~ Declarations ofJenna Moldawsky and Todd Todd
U ~ ::J '\. Boock and [Proposed] Orderl
ZZ
.: .: U
00 .:
.: 15
>- 00 . JOSEFIII ZERNIK, et ai.
JOSEP]

J
ll: ll:
ll: ll: .:
.:
m m ~~
o Z 16 Fx Parte Hearing
N 0 Defendants. P.ate: December 15, 2008
- ~.:
N

I une: 8:.10 a.m.


I-
I-
ZZ
17
.:
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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 «
« U 15
>-
>- 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
- ::;:«
N
N 0
0

AND FOR OTHER RELIEF


>->-
Z
17
17
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«
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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
2]
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
cg]
~ (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
55
~'J?=IJtJ~
~'&=~~
Deborah Swisher
Deborah Swisher

66
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SMOI
SMOI DOCS\712696.1
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
>
.: >- ..
• 0 AND FOR OTHER RELIEF
.: .J-
U ::
:: .J
Z 0 .:
.: .: U 15
>- 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
_ 0

.: 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

SMOl DOCS712696.1 4 PROOF OF SERVICED

-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

SMOlDOCS712696.2 1 PROOF OF SERVICE


PROOF
-94-
PROOF OF SERVICE

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,

5 EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR NON-


6 PARTY COUNTRYWIDE HOME LOANS, INC.'S MOTION FOR MONETARY
6 SANCTIONS AGAINST DEFENDANT JOSEPH ZERNIK FOR VIOLATIONS OF THE
7 JULY 23, 2007 PROTECTIVE ORDER AND FOR OTHER RELIEF ON 'I['HE EARLIEST
POSSIBLE HEARING DATE; MEMORANDUM OF POINTS AND AUTHORITIES

8 [PROPOSED] ORDER GRANTING COUNTRYWIDE'S EX PARTE APPLICATION


FOR AN ORDER SHORTENING TIME TO HEAR NON-PARTY COUNTRYWIDE
9 HOME LOANS, INC.'S MOTION FOR MONETARY SANCTIONS AGAINST
10 DEFENDANT JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23~, 2007
PROTECTIVE ORDER AND FOR OTHER RELIEF

w 11 DECLARATION OF JENNA MOLDAWSKY IN SUPPORT OF COUNTRYWIDE HOME


co 12 LOANS, INC.'S EX PARTE APPLICATION FOR AN ORDER SHORTEN'ING TIME TO
(Y)
~ HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST DEFENDANT
o
o
0
'<t 13 JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23,2007 PROTECTIVE ORDER
(Y) 0
ll.
.J
OJ
!: <:
m AND FOR OTHER RELIEF
.J :l Z
OJ (f) ll:
~ ,: ~

~ 14 DECLARATION OF TODD A. BOOCK IN SUPPORT OF COUNTRYWIDE HOME


u i
Z 0
::i
<:
15 LOANS, INC.'S EX PARTE APPLICATION FOR AN ORDER SHORTKN1NG TIME TO
<: <:
>- 0
U
.. HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST DEFI~NDANT
ll: ll: <:
lD lD l:! 16 JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007 PROTECTIVE ORDER
o Z
AND FOR OTHER RELIEF
N 0
_
_ ::E
<:
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<:
17 on the interested party in this action as follows:
(f)

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 -------,,----::-::-:------._---
Alexa
Alexa Kim
Kim
4
5
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SMO
SMOIIDOCS\
DOCS\712696.2
7 J 2696.2 33

PROOF
PROOF OF
OF SERVICE
SERVICE
-96-

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