08-12-15 Samaan v Zernik (SC087400) at the Superior Court of California, County of Los Angeles: Countrywide Ex Parte Application for a Short Notice Hearing on Motion for OSC Contempt and Sanctions

Published on May 2016 | Categories: Types, Business/Law, Court Filings | Downloads: 154 | Comments: 0 | Views: 492
of 96
Download PDF   Embed   Report

December 15, 2008 Ex parte application by “Non Party” Countrywide for short notice hearing on contempt and sanctions against Dr Zernik. Such court actions were alleged retaliation/intimidation/harassment against witness/victim/informant and also obstruction/perversion of justice. The application was deemed as an act of flaunting criminality, since it was based on a claim of contempt related to Dr Zernik contacting the office of BAC General Counsel and obtaining information that Bryan Cave,LLP was NOT authorized to appear in court under Samaan v Zernik (SC087400). Most significantly - the ex parte application demonstrated the resumption of conduct alleged as racketeering within 24 hours from ouster of Timothy MAYOPOULOS as General Counsel and appointment of Brian MOYNIHAN as his replacement. (December 10, 2008). US Congress, US District Court, and NY State Attorney General attempted to investigate the background for the ouster of MAYOPOULOS. The case at hand provides clear answers. MAYOPOULOS was determined to oppose the racketeering conduct at Countrywide - then newly acquired subsidiary. Brian MOYNIHAN was willing to adopt the new business model.

Comments

Content


5
10
15
20
25
BRYAN CAVE LLP
John W. Amberg (CA State Bar No. 108166)
2 Jenna Moldawsky (C\ State Bar No. 246109)
120 Broadwav, Suite 300
3 Santa lvloniGl, California 90401-2386
Telephone: 310-576-2lO0
4 Facsimile: 310-576-2200
Attornevs for Non-Party COUNTRYWIDE HOl\lE LOANS, INC.
6
7
8
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
11
<0
N IVIl<: S;\i\L\,\N, ct aI., Case No. SCU87400
00
C')
'"
12
Plaintiffs, EXPARTEAPPLICATION FOR AN
o ;;
o '!
13
C') 0
ORDER SHORTENING TIME TO
0. hi Ol
HEAR NON-PARTY COUNTRYWIDE
--J 0(
\"s. HOME LOANS, INC.'S MOTION FOR

14
>- MONETARY SANCTIONS' AGAINST
U :i
DEFENDANT JOSEPH ZERNIK FOR
Z 0 <:
<: <: U
>- 0
JOSI,:PII /'I':RNIK, et al. VIOLATIONS OF THE JULY 23,2007 •
0: 0: <:
mm
PROTECTIVE ORDER AND FOR
o Z
16
'" 0
Defendants. OTHER RELIEF ON THE EARLIEST
- ::;:
<: POSSIBLE HEARING DATE;
17
Z

<:
MEMORANDUM OF POINTS AND
(/)
AUTHORITIES
18
Wiled concurrently with Dec!a:-ations of
19
Jenlla I\Ioldawsky and Todd. \ Boock
IProposed I Order I
E,o Parte Hearing
21
Date: December 15, :21)Of)
Time: 8:30 :1.m.
22
Dept: WE]
23
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
24
PI ,L"\SE T\KE ]\.i<JTICL that, on December 15, 200S, at 8:30 a.m., or as soon
26 thereafter as they may be heard in Department \\lEJ of the abmoe-captioned COllrt, located at
27 :'\Iain Street, S;111ta California 9U401, i'\on-Parry Countrywide f lome Loans, Inc.
28 CCountr;O\\ide") will, and hereby does, apply Cv\;:p,Jrfe for an order shortening tJme to hear
rx P,\RI r: AI'['LllilTION
" \trJ I[)OlS7122XU ]
BRYAN CAVE LLP
John W. Amberg (CA State Bar No.1 08166)
2 Jenna Moldawsky (C\ State Bar No. 246109)
120 Broadway, Suite 300
3 Santa i\IoniGl, California 90401-2386
Telephone: 310-576-2lO0
4 Facsimile: 310-576-2200
5
Attorneys for Non-Party COUNTRYWIDE HOME LOANS, INC.
6
7
8
9
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
15 jOS/':PI J I.I':RNIK, ct a!.
<0
00
C')
'"
o ;;
o '!
C') 0
0. hi Ol
--J 0(

>-
U :i
Z 0 <:
<: <: U
>- 0 •
0: 0: <:
m m
o Z
'" 0
- ::;:
<:
I-
Z
<:
(/)
11
12
13
14
16
17
18
19
20
21
22
23
N/VIF S;\i\L\,\N, ct a!.,
Plaintiffs,
\·s.
Defendants.
Case No. SCUR74()(l
EXPARTEAPPLlCATION FOR AN
ORDER SHORTENING TIME TO
HEAR NON-PARTY COUNTRYWIDE
HOME LOANS, INC.'S MOTION FOR
MONETARY SANCTIONS' AGAINST
DEFENDANT JOSEPH ZERNIK FOR
VIOLATIONS OF THEJLJLY 23, Z007
PROTECTIVE ORDER AND FOR
OTHER RELIEF ON THE EARLIEST
POSSIBLE HEARING DATE;
MEMORANDUM OF POINTS AND
AUTHORITIES
Wiled concurrently wit h Dec!a:-ations of
Jenlla i\Ioldawsky and Todd. \ Boock
IProposed I Order I
E" Parte Hearing
Date: December 15, :2lHlf)
Time: 8:30 a.m.
Dept: WE]
24
25
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PI J T\KE ]\J<JTICl': that, on December 15, 20(IS, at 8:30 a.m., or as soon
26 thereafter as they may be heard in Department \\lE.1 of the abm'e-captioned COllrt, located at
27
:'\Iain Street, S;111t:1 California 90401, l'\on-Parll' Counrnwidc I lome Loans, lnc.
. .
28 CCountr;'\yide") will, and hereby does, apply ev\'p,Jrfe for an order shortening tlme to hear
" \trJ I DOCS
7
122XIJ ]
rx P,\RI I: AI'f'LllilTION
-1-
5
10
15
20
25
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
4 no other Countrywide officers or employees ("Court Order"); (2) for an order to shO\v cause
why Defendant Joseph 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 Order to
7 include officers and employees of all Countrywide affiliates, including Bank Of ;\merica
8 Corporation, which merged with Count1):\vide in July 2008 (the" Motion").
9 Despite already being sanctioned by the Court for repeated violations of the Court
Order and being found guilty of contempt for those violations, :l.ernik continues to flagrantly
11 \"iolate the July 2.), 2007 Court Order, which this Court deemed to be in full force and effect,
lD
<Xl
M
')I
12 and therefore Countrywide applies e.\:pUl1e for the earliest possible hearing date to resolve this
o 0
o <:
M 0
13 matter, or, in the alternative, a hearing date of January 8, 2009, which would provide the
!L w 01
....J «
14 parties with the statutorily prescribed sixteen court-days' notice.
> • 0
'" >- Ie
U '" ­
;'; .J
Z 0 '" COOl! cause exist:,; to grant this E\: PUl1e A.pplication because Countrywide's senior
'"
>-
'"
0
u
[t 0:: <!f..­
ID ID
o Z
16 officers and employees continue to be the targets of a campaign of haraSSfnent by !'ernik,
N 0

>- '" 17 despite the issuance of a proteeri\'e order directing I'.ernik to communicate soleh· with
Z
lJ) '"
18 C:ounttvwide's designated counsel, despite the Court issuing $1(l,17() 1n sanctions against
19 /.enllk for his violations of the Court Ordn and desl)ite the Court ttndinu /.crnik guiltv of
, () l.
thirteen separate acts of contempt for violations of a lawful court order. .\s recently as
21 December <), 2008, I:ernik sent three emails direerly to officers and of
22 Countrnvide. (Sec l':xhibits 1'>(; to J\loldawsky Ded) Further, Zernik has expanded his
1"
harassment to include officers and emploYees of Bank of ;\merica Corpor:trion, which merged L.)
24 with Countrywide earlier this year.
- .
!'ernik has repeatedly and willfully the Court Order, and hJS indicated no
26 intention of comphing with the terms of the Court Order, despite Coumrnvi.Je's repeated
27 demands That he do so. \X!ithout timelv court intervention, Zernik\ tlagrant \iolations arc
.i '­
28 certaIn to continue unabated
,
and the harassment will imariabh-
.
escalate it nas in the past.
2
f:\ I'ARTI'·\PPLICATION
2
3
4
5
6
7
8
9
]0
] 1
lD
<Xl
M
]2
')I
o 0
o <:
13
M 0
!L w 01
....J «
14
> • 0
'" >- Ie
U '" -
;'; .J
15 Z 0 '"
'" '" u
>- 0
[t 0:: <!f..-
ID ID
16
o Z
N 0

'" 17 >-
Z
'" lJ)
18
19
20
21
22
1"
L.)
24
25
26
27
28
Countrywide's Motion (1) for monetary sanctions against Defendant Joseph Zernik
("Zernik") for his repeated violations of the July 23, 2007 Protective Order directing Zernik to
communicate solely with Countrywide's designated counsel regarding the present action and
no other Countrywide officers or employees ("Court Order"); (2) for an order to shO\v cause
why Defendant Joseph should not be held in contempt and :;anctioned accordingly for
his continued violations of the Court Order; and (3) for a modification of the Court Order to
include officers and employees of all Countrywide affiliates, including Bank Of ,\merica
Corporation, which merged with Count1)\vide in July 2008 (the" J\ lotion").
Despite already being sanctioned by the Court for repeated violations of the Court
Order and being found guilty of contempt for those violations, :l.ernik continues to flagrantly
\"iolate the July 2.), 20CJ7 Court Order, which this Court deemed to be in full force and effect,
and therefore Countrywide applies e.\:jJUl1e for the earliest possible hearing date to resolve this
matter, or, in the alternative, a hearing date of January R, 20U9, which would provide the
parties with the statutorily prescribed sixteen court-days' notice.
COOlI cause exist::; to grant this E\: PUl1e A.pplication because Countrywide's senior
officers and employees continue to be the targets of a campaign of haraSSfrlent by !'ernik,
despite the issuance of a protecriw' order directing /ernik to communicatt soleh· with
C:ountrnvide's designated counsel, despite the Court issuing $1 (l, 170 1n sanctions against
/enllk for his \io]ations of the Court Order, and despite the Court finding /ernik guilty of
thirteen separate acts of contempt for violations of a lawful court order. .\s recently as
December <J, 2008, lernik sent three emails directly to officers and of
Countrnvide. (Sec }':xhibits J':.c; to J\loldawsky Dec!.) Further, Zernik has expanded his
harassment to include officers and emplm'ees of Bank of ;\merica Corpor:ltion, which merged
\\ith Countrywide earlier this year.
, ,
I.l'rnik has repeatedly and willfully the Court Order, and hJS indicated no
intention of comphing with the terms of the Court Order, despite Counttnvi.Je's repeated
demands That he do so. \X!ithout timely court intervention, Zernik\ tlagrant \ lOlations are
.i '-
certaIn to continue unabated and the harassment will imariabh- escalate it nas in the past.
, .
2
f"\ I'ARTI'\I'PLICA 1101\;
-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 set forth in the Declaration ofJ enna Moldawsky, timely notice of this E" Parte
5 Application was provided to the parties, via facsimile and email, on December 11, 2008, well
6 before the 24-hour deadline. (Moldawsky Ded. 10, Ex. K.) The notice set forth the date,
7 time and place for the presentment of this f\pplication, and the nature of the relief to be
8 requested. (Id.)
9 This Ex J>arle ;\ppLication is made pursuant to Rules 3.12UO ct Jeq. of the California
IO Rules of Court, and is based on this Notice, the attached lvlemorandum of Points and
11 ,\uthorities, the Declaratlons of.lenna T\loldawsky and Todd J\' Boock and [proposed] Order
III
<Xl
l'1
12 submitted concurrently herewith, on all pleadings, records and papers already on file in this N
o ;;
l'1 0
o 't
13 action, and on such othel" and further e\,idcncc as may be prescnted at the hearing on this E.\;
n. w Ol

14 !Jill"fe ,\pplication.
,:
U ::i
z " <{ 15
<{ <{ U
>- 0 .
'" '" <{
lD lD
o Z
16 Darcel: December 12, 201 li) BRYX\l C\VI,: LLP
N 0
_ ::E
John w. ,\mbcrg,
<{
17 I­
Jenna 1'\101dawsky,
Z
<{
Ul
18
19 By: '--:.' \. l'( J-lJ l'LCr
J
ql na J\loldawsh " /
, I
20
l\ttorneys for Non-Pany ..
COUNTRY\X1IDI,: 1-101\[1': lNC.
21
22
23
24
25
26
27
28
" 1\ 1( 111 )( )("7122 XU I
r\ P\I{ IF M'I'IIC".TlON
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 [\s set forth in the Declaration ofJenna Molda\vsky, timely notice of this E" Parte
5 ,\pplication was provided to the parties, via facsimile and email, on December 11, 2008, well
6 before the 24-hour deadline. (}"'Ioldawsky Dec!. 10, Ex. K.) The notice set forth the date,
7 time and place for the presentment of this i\pplication, and the nature of the relief to be
8 requested. (Id.)
9 This Ex /larle ;\ppLication is made pursuant to Rules 3.121.10 c! .req. of the California
10 Rules of Court, and is based on this Notice, the attached lviemorandum of Points and
11 ,\uthorities, the Declaratlons of.lenna T\loldawsky and Todd J\. Boock and IProposedl Order
13 action, and on such othel' and further C\·idencc as may be presented at the hearing on this l:x
12 submitted concurrently herewith, on all pleadings, records and papers already on file in this
<ll
<Xl
l'l
N
o ;;
o '1
l'l 0
n. w '"
0(

,:
iJ ::i
z " <{
<{ <{ iJ
>- 0 .
'" '" <{
lD lD
o Z
N 0
_ ::E
<{
I-
Z
<{
Ul
14 !Jrll"le .\ pplication.
15
16 Datell: December 12, 2()1 l:-)
17
18
19
20
21
22
23
24
25
26
27
28
\\11111)()( \ 7111kl) I
BRY.\:\i c.\ VI': LLP
John W..\mherg,
Jenna i\lo1dawsky,
Bv: \. l'( J-lJ l'LCr
1(/ na J\loJdawsh " /
for !.
COUNTR\'WIDf·: H01\[l·: lNC.
f-\ P\Rlf ,\PI'11C-\T!ON
-3-
1
MEMORANDUM OF POINTS AND AUTHORITIES
2 I. INTRODUCTION
3 Non-Party Countrywide Home Loans, Inc. ("Countrywide") applies ex parte for an
4 order shortening time to hear Countrywide's Motion for sanctions f,Jr violations of the July
5 23, 2007 protective order and for other relief (the "Motion") because Defendant Joseph
6 Zernik ("Zernik") continues to violate the July 23, 2007 protective order (the "Court Order"),
7 and Countrywide wishes to resolve this matter. Specifically, Countrywide requests that the
8 Court set the earliest possible hearing date for Countrywide's Motion, or in the alternative, to
9 set a hearing date ofJal11Jary 8, 2009, which would provide all partie:, with sixteen court-days'
] 0 notIce.
1I ,\s the Court is a\vare, Countrywide is not and has never been a parry to this action.
<0
«)
l')
Countrywide was simply a third-party document subpoena recipient which has been subjected
':"
]2
o 0
l') 0
o <t
13 to a campaign of harassrnent by I'.ernik because Countrywide's production of documents did
a. '" Ol
-J ~ -<
~ ~ ~ 14 nor support /.ernik's skC\ved view of his case. .\ protective order directing /.ernik to
> . 0
.. >- Ie
U ~ ::;
Z 0 ..
15 communicate solely with Countrywide's designated counsel and no other officers or
.. .. u
>- 0
ex: a:: <
mm ':!
o Z
16 employees regarding the present action was issued onJuly 23, 2007 (the "Court Order"). !"elf
N 0
- ::;:
..
f­ 17 the next st:'\'eral months, I'.ernik repeatedly and willfully \'iolated the Court Order. On
z
..
tfI
18 l<ebruary 15, 20()8, the Court held that the Court Order remained in full force and effect and
19 issued S1(l, I7() in sanctions against /.ernik for his violations thereof l'urther, on i\larch 11,
20 2008, the Court found /.crnik to be guilty of thirteen separate acts of contempt for violation
21 of a lawful court order and sanctioned him accordingly.
22 I'.ernik is still engaged in the all too familiar campaign of harassment directed at
)"
~ - ) Countly"\vide's officers and employees, one in which he continues to repeatedk, willfully and
24 flagranth" violate the terms of the Court Order. 7ernik has recently escalated ,md expanded
25 his efforrs: on December 9, 2008, !'ernik sent three emails to Countrnvide officers and
26 employees regarding the present action, demanding responses to his communications,
27 claiming ignorance of the Court Order, and, in one email, asking "How long do VOL! think
28 , \'Ou can go 011 with this fraud?" (Sec Exhibit G to ,\loJdawsh Oed) Further, following Bank
Sr-.,W I DOCS 71 cc80.1 4
EX PARTE AI'PLICATI01\
1
2 I.
MEMORANDUM OF POINTS AND AUTHORITIES
INTRODUCTION
3 Non-Party Countrywide Home Loans, Inc. ("Countrywide") applies ex parte for an
4 order shortening time to hear Countrywide's Motion for sanctions f,Jr violations of the July
5 23, 2007 protective order and for other relief (the "Motion") because Defendant Joseph
6 Zernik ("Zernik") continues to violate the July 23, 2007 protective order (the "Court Order"),
7 and Countrywide wishes to resolve this matter. Specifically, Countrywide requests that the
8 Court Set the earliest possible hearing date for Countrywide's Motion, or in the alternative, to
9 set a hearing date ofJa01Jary 8, 2009, which would provide all partie:, with sixteen court-days'
] 0 nouce.
1I ,\s the Court is a\vare, Countrywide is not and has ne\'er been a parry to this aclion.
<0
«)
l')
]2
':"
o 0
o <t
13
l') 0
a. '" Ol
-J ~ -<
~ ~ ~ 14
> . 0
.. >- Ie
U ~ ::;
15
Z 0 ..
.. .. u
>- 0
ex: a:: <
m m ':!
16
o Z
N 0
- ::;:
..
17 f-
z
..
tfI
18
19
20
~ 1
22
)"
~ - )
24
25
26
27
28
Countrywide was simply a third-party document subpoena recipient which has been subjected
to a campaign of harassrnent by !.ernik because Countrywide's production of documents did
not support /.crnik's skC\ved view of his case. .\ protectivc order directing /.ernik to
communicate solely with Countrywide's designated counsel and no other officers or
employees regarding the present action was issued onJuly 23, 2007 (the "Court Order"). !"ell'
the next sn'eral months, !.ernik repeatedly and wilJfully \'iolated the Court Order. On
l<ebruary 15, 20()8, the Court held that the Court Order remained in full force and effect and
issued S1(l, 17() in sanctions against !.ernik for his violations thereof. l'urther, on i\larch 11,
2()(J8, the Court found /.ernik to be guilty of thirteen separate acts of contempt for violation
of a lawful court order and sanctioned him accordingly.
!.ernik is still engaged in the all too familiar campaign of harassment directed at
Countly"\vide's officers and employees, one in which he continues to repeatedk, willfully and
f1agrantl\" violate the terms of the Court Order. 7ernik has recently escalated ,md expanded
his efforts: on December 9, 2008, Zernik sent three emails to Countrnvide officers aml
employees regarding the present action, demanding responses to his communications,
claiming ignurance of the Court Order, and, in one email, asking "How long do \"OLl think
\'Ou can go on with this fraud?" (See Exhibit (3 to ,\loJdawsh Oed) Further, following Bank
Sr-.,W I UOl.'>71 c c ~ o I 4
EX PARTE AI'PLICATIO,\
-4-
5
10
15
20
25
of America's merger with Country\\ride, 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
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 \'Vithout timely court intervention, this outrageous behavior will onlv continue
9 unabated. \ccordingly, Countrywide respectfully requests that the Court gram its j\ppl1cation
and specially set a hearing date on Countrywide's J\lotion for the earliest possible hearing date,
11 or in the alternative, to specially set a hearing date ofJanuary 8, 2009, which would provide
III
ll)
<'l
12 the panics with the statuwrily prescribed sixteen court-days' notice. N
0
0
o <:1
<'l 0
13 II. FACTUAL BACKGROUND
tL W OJ
..J «
14 The underlying facts of Zernik's pervasive harassment h:1\e been addressed in detail in
,:
U :J
Z 0 " prior pleadings. j\s the Court is aware, as a result of Zernik's unrelenting harassment and
" >- "0 U.
a: a: "
[ll [ll ':!
o Z
16 abuse of Countrywide'S officers and employees, Countrywide \vas forced to mllve for a
N 0
- ::;:
"
17 narrowly-tailored protective order directing Zernik to communicate "so!clv with I­
Z
Ul
"
18 Countrywide's designated counsel and no other Countrywide officers or employees regarding
19 the present action." (Declaration of Jenna ?\lo1dawsky Ded"), '12.) On .July 23,
20m, the Honorable.J acquelinc Connor granted Countrywide's protective order, effective
21 immediately. (hL at '1 2.) Zernik receiYCd actual notice of the Court (hder because he
1/ represented himself at the hearing and submitted on the Court's tenratiYl' order granting
23 (:ountrnvide's motion. (hL)
24 Since .1 uk 23, 2( )07, Zernik has repeatedly violated the terms of the Court Urder,
contacting, among others, .\ngelo ;vlozilo, the former Chairman of Country\vide's parent
26 compam, Countrywide Financial Corp., and Sandor Samuels, Countn'wide's Chief I,egal
27 ()fficer, on seycra] OCC1SJO!1S. (l.do at '1 3.) . a result, on Februaryl5, 2U08, (:ountrywide
28 m.oYCd for sanctions against Zernik for his repeated \'iolations of the Court Order. 'rhe Court
5MOJDOC57122S0 J 5
E\ P\RTI ..\I)PIIC:\TI01\
of America's merger with 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 \'Vithout timely court intervention, this outrageous behavior will onl\' continue
9 unabated. \ccordingly, Countrywide respectfully requests that the Court granr its ,\ppl1cation
] 0 and specially set a hearing date on Countrywide's Motion for the earliest possible hearing date,
]] or in the alternative, to specially set a hearing date of January 8, 2009, whlCh would provide
III
ll)
<'l
N
0
0
o <:1
<'l 0
(l '" OJ
-.J ~ 0«
-.J :J Z
'" (/) a:
~ ; ~
U ~ :J
Z 0 '"
'" '" U
>- 0 .
a: a: '"
III III ':!
o Z
N 0
- ::;:
'" ...
Z
'" Ul
12
13
14
15
]6
17
18
19
20
21
II
24
25
26
27
28
the panics with the statuwrily prescribed sixteen court-days' notice.
II. FACTUAL BACKGROUND
The underlying facts of Zernik's pcn'asive harassment ha\c been addressed in detail in
prior pleadings. ,\s the Coun is aware, as a result of Zernik's unrelenting harassment and
abuse of Countrywide's officers and employees, Countrywide was forced to 111' I\"(' for a
narrowl v- tailored protective order directing Zernik to communicate "so1cIv with
Countrywide's designated counsel and no other Countrywide officers or emplovees regarding
the present Action." (Declaration ofJcnna J\loldawsky ('\\Ioldawsk) Ded',), '12.) ()n ,1uly 23,
21 j()7, the Honorable Jacqueline Connor granted Countrywide's protecti\T order, effective
immediately. (ill at'l 2,) I:ernik received actual notice of the Court (hder because he
represented himself at the hearing and submitted on the Court's tema1ln' order granting
(:ountrnvlde's motion. (11J
Since .1 uk 23, 21 j()7. Zernik has repeatedly violated the terms of the Court Urder,
contacting amon\J others .\ngelo ;vlozilo the former Chairman of Countrnvide's ])arent
~ 0 ~ , "'
compam, (ounrrywide Financial Corp., and Sandor Samuels, Countn'\vide's Chief l,egal
( )fficer, on senral OCC1SJons. (l.do at '1 3.) .\s a result, on Fcbruaryl5, 2U()i), Countrywide
m.o\cd for sanctiuns against Zernik for his repeated \'iolauons of the Court Order. 'The Court
5
f:.\ f' \RTI .\I)F'L leATIO]';
-5-
5
10
15
20
25
a\varded Countrywide $16,170 in sanctions and held that the Court Order remained in full
2 force and effect. ad. at 3, Ex. A.) On March 11,2008, the Court also found Zewik guilty
3 of thirteen separate acts of contempt for his violations of the lawful Court Order. (Id. at 4,
4 Ex. B.)
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, 200B, /'ernik sent an email to Mr. Samuels in direct violation of the Court Order. (ld.at
8 5, he C) On November 24,2008, Zernik copied Mr. Samuels on an email to Bryan Cave
9 attorneys regarding the present action. (ld. at 5, Ex. D.) Moreover, on December 9, 200R,
Zernik sent three emails to Mr. Samuels and another Countrywide employee, Maria
11 i\1cLaurin. (hi at 6, 1,:::-:. E-G.)
III
ro
C')
12 l;urther, Zernik has begun harassing employees and officers of Bank of i\merica,

o 0
o '<l
C') 0
13 which merged with Countrywide in July 2008. On December 3, 2008, lernik sent a leaer to
n. w 0\
...J !: <
14 Kenneth D. Lewis, Chairman, Chief Executive Officer and President of Bank of ,\merica
> . 0
'" ,. Ie
U ::;
Z 0 '" Corporation, and Teresa 1\1. Brenner, .\ssociate General Counsel for Bank of ,\merica,
,. '" 0 '" u
lk: 0: .(
III III
z 16 enclosing a "press release" allegedly outlining "Countrywide's involvement in a dubious Los
o 0

'" >- 17 \ngeles Superior Court case" and demanding "immediate action to mitigate Ihisl damages."
z
Ul '"
IS (lJ.i at 7, Ex. II.)
19 (1) December 8, :ZUOS, Zernik called Phillip Wert?: of Bank of .\merica's I,egal
Department c1aiming
r
that he had "uncovered fraud" at Countrywide in connection with the
, L 01
21 presentactiun. (Declaration of Todd i\. Boock ("Boock Decl.") at 2.) On December 9,
22 2UU8, /'ernik faxed a lcttlf to Timothy !\layopoulos, 1':xecutive Vice President and Ceneral
23 Counsel of Bank of ;\merica, requesting that Countrywide withdraw "fraudulent records
24 produced bv Countrywide Home Loans as part of subpoena that \vere replete
with fraudulent records, and which tried to entirely fabricate fraudulent loan
26 applications." (Id. at 8, Ex. 1.) Zernik also demands a response form 1\layopoulos by
27 \\cdncsday, December 11), (IJ.i)
28 TIle same day, Zcrnik sent a letter to se\"eral Bank of emplorees requesting
,,"- 1111 DUl "7122S0.1 6
a\varded Countrywide $16,170 in sanctions and held that the Court Order remained in full
2 force and effect. Gd. at 3, Ex. A.) On March 11,2008, the Court also found Zernik guilty
3 of thirteen separate acts of contempt for his violations of the lawful Court Order. (ld. at 4,
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, /'ernik sent an email to Mr. Samuels in direct violation of the Court Order. (ld.at
8 5,1 /x. C) On November 24,2008, Zernik copied Mr. Samuels on an email to Bryan Cave
9 attorneys regarding the present action. (ld. at 5, Ex. D.) Moreover, on December 9,
10 Zernik sent three emails to Mr. Samuels and another Countrywide employee, Maria
11 i\1cLaurin. (11 at l':x. E-G.)
III
ro
C')
12

o 0
o '<l
13
C') 0
n. w 0\
...J !: <
14
> . 0
'" ,. Ie
U ::;
15 Z 0 '"
'" '" u ,. 0
lk: 0: .(
III III
16 z
o 0

'" 17 >-
z
'" Ul
1R
19
20
21
22
24
25
26
27
28
l/urther, /'ernik has begun harassing employees and officers of Bank of i\merica,
which merged with Countrywide in July 2008. On December 3, 2008, /'ernik sent a [eHer to
Kenneth D. Lewis, Chairman, Chief Executive Officer and President of Bank of .\merica
Corporation, and Teresa 1\1. Brenner, .\ssociate Ceneral Counsel for Bank of ,\merica,
cnclosing a "press release" allegcdly outlining "Countrywide's involvement in a dubious Los
\ngeles Superior Court case" and demanding "immediate action to mitigate Ihisl damages."
(lJ.i at 7, r L)
(1) December 8, 2U08, Zernik called Phillip Wert?: of Bank of .\merica's Legal
Department claiming that he had "uncm'ered fraud" at Countrywide in connection with the
, L ,
presentactiun. (Declaration of Todd i\. Boock ("Boock Decl.") at 2.) On December 9,
2UU8, /'ernik faxed a lcttlf to Timothy i\layopoulos, 1':xecu6"c Vice President and Ceneral
Counsel of Bank of :\merica, requesting that Countrywide withdraw "fraudulent records
produced bv Countrywide Home Loans as part of subpoena productions that \vere replete
with fraudulent records, and which tried to entirely fabricate fraudulent loan
applications." (ld. at 8, 1.) Zernik also demands a response form 1\layopou]os by
\\eclnesJay, December 11), (IJ.i)
TIle same day, Zcrnik sent a letter to se\"eral Bank of :\merica emplorees requesting
\"-1111/)(ll \7122S0.1 6
-6-
5
10
15
20
25
"immediate intervention and curbing of Sandor Samuels." (ld. at 9, Ex. J.) He claims that
2 he is writing to "inform" Bank of America of "my abuse at the hands of Countrywide." (ld.)
3 III. ARGUMENT
4 A. Good Cause Exists to Grant The Requested Relid
Good cause exists for the Court to order Countrywide's 1\10tion to be heard on the
6 earliest possible hearing date. A hearing date at a later juncture would force Countrywide to
7 continue to be subjected to Zernik's harassment with no official recourse. It is clear that,
8 despite being penalized f(-)r his outrageous behavior in the past, 7ernik is under the
9 Impression that he may continue his harassment without reproach and has no intention of
ceasing his actions an\, time soon.
,
II l"urther, /'ernik's harassment has expanded beyond Countrywide onlcers and
<Jl
(l)
N
<'l
12 emplovees and he is nmv also targeting Bank of America officers and employees. these
o ;;
<'l 0
D.- w Ol
....J 0(
o 't
13 0 f-flcers and employees arc arguably not covered under the scope of the Court Order, it is
14 clear that /ernik is rneling in his consequence-free behavior. Once Counrrywide's 1\10110n is

U :::i
Z 0 '" heard and the requested relief is granted, it is Countrywide's hope that it will no longer be
'" '" U
>- 0 .
Il: Il: '"
rn rn
o Z
16 subjected to !'ernik's harassment and will have the Court's approval to refrain from engaging
-
N
::;;
0
'" f- 17 !'ernik in a continued debate.
Z
l/l '"
18 ,\dditionally, no party will suffer any prejudice as a result of a shortened notlce hearing
19 date. !'ernik has been on notice of the Court Order for a year and a half since July 2J,
2007. /'ernik has been fully aware of Countrywide's attempts to enforce the protective order,
21 and of the Court's rulings affIrming the Court Order and penalizing Lernik for his violations
thereof. /ernik will suffer no prejudice by an earlier hearing date - it is only Countrywide that
will suffer if it is forced to endure Zernik's repeated harassment, and is not able to ,"indicate
24 its rights in short order. "\ earlier hearing date is in the best of justice.
B. In The Alternative, The Court Should Order A Hearing Date of
26 January 8. 2009
27 rf the Court is not inclined to schedule a hearing on Countrnvide's ;\lotlon for the
28 earliest possible date, COUI1t0'\\1de requests that the Court schedule the >\lotion to be heard
S\1U ID()CS7!2280.! 7
PARTI .\1'1'[ leATION
"immediate intervention and curbing of Sandor Samuels." (ld. at 9, Ex. J.) He claims that
2 he is writing to "inform" Bank of America of "my abuse at the hands of Countrywide." (ld.)
3 III. ARGUMENT
A. 4 Good Cause Exists to Grant The Requested Relid
5 Good cause exists for the Court to order Countrywide's 1\10tion to be heard on the
6 earliest possible hearing date. A hearing date at a later juncture would force Countrywide to
7 continue to be subjected to Zernik's harassment with no official recourse. It is clear that,
8 despite being penalized f(-)r his outrageous behavior in the past, 7ernik is under the
9 Impression that he may continue his harassment without reproach and has no intention of
10 ceasing his actions any time soon.
,
17 !'ernik in a continued debate.
13 0 f-flcers and employees arc arguably not covered under the scope of the Court Order, it is
15 heard and the requested relief is granted, it is Countrywide's hope that it will no longer be
II ]<'urthcr, /'ernik's harassment has expanded beyond Countrywide oftlcers and
,\dditionally, no party will suffer any prejudice as a result of a shortened notice hearing
date. !'ernik has been on notice of the Court Order for a year and a half since JuJ> 2J,
2007. /'ernik has been fully aware of Countrywide's attempts to enforce the protective order,
and of the Court's rulings affIrming the Court Order and penalizing Lernik for his violauons
thereof /ernik will suffer no prejudice by an earlier hearing date - it is only Countrywide that
16 subjected to !'ernik's harassment and will have the Court's approval to refrain from engaging
12 employees and he is nmv also targeting Bank of America officers and employees. these
14 clear that /ernik is rneling in his consequence-free behavior. Once Counrrywide's i\lotion is
18
19
21
20
<Jl
(l)
<'l
N
o ;;
o 't
<'l 0
D.- w Ol
....J 0(


U :::i
Z 0 '"
'" '" U >- 0 .
Il: Il: '"
rn rn
o Z
N 0
- ::;;
'"
f-
Z
'" l/l
will suffer if it is forced to endure Zernik's repeated harassment, and is not able to ,"indicate
24 its rights in short order. "\ earlier hearing date is in the best of justice.
25 B. In The Alternative, The Court Should Order A Hearing Date of
26 January 8. 2009
27 rr the Court is not inclined to schedule a hearing on Countrnvide's ;\lotion for the
28 earliest possible date, Countrywide requests that the Court schedule the ,\lotion to be heard
<; \10 IJ)()CS7!2280.! 7
PARTI \PI'I 1('/\TION
-7-
on January 8,2009, which would provide all parties with the statutorily prescribed sixteen
2 court-davs' notice.
3 IV. CONCLUSION.
4 For the reasons set forth above, Countrywide respectfully requests that that the 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,
7 2009.
8 Dated: December 12, 2008 BRY"\N CAVE LLP
John W. f\mberg, Esq.
9
Jenna Moldawsky, 1-<: sq.
10
By: _y {I., t\.£1, 2fleJcl( t/-lI<-'4-- _
11
f ~ ' 1 f'..Ioldawsky U
<0
'"
M
12 ,\ ttorneys for N on- Pany
o
~
0 COUNTRYWIDE HOME] DANS, INC
o <t
13
M 0
IL W ())
..J t: <:
~ ~ ~ 14
> . 0
« ,. LL
U « ­
~ -'
Z 0 «
IS
« « U
,. 0
0: lr .i.
III III ':!
o Z
16
N 0
- ;;:
«
... 17
Z
«
(/)
18
19
20
21
22
23
24
25
26
27
28
\MOIUO(\71228(1 I 8
_ . ~ . _ - - - - - - - --­
1,\ P\RTI· AF'f)LlCA no:,)
on January 8,2009, which would provide all parties with the statutorily prescribed sixteen
2 court-davs' notice.
3 IV. CONCLUSION.
4 b'or the reasons set forth above, Countrywide respectfully requests that that the 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,
7 2009.
8 Dated: December 12, 2008
9
10
11
'"
<0
M
12
~
o 0
o <t
13
M 0
IL W ())
..J t: <:
~ ~ ~ 14
> . 0
« ,. LL
U « -
~ -'
15
Z 0 «
« « U
,. 0
0: lr .i.
III III ':!
1()
o Z
N 0
- ;;:
«
17 ...
Z
«
(/)
18
19
20
21
22
23
24
25
26
27
28
\MflIU()(\ 71228(1 I
BRY"\N CAVE LLP
John W. j-\mberg, Esq.
Jenna Moldawsky, 1-<: sq.
By: _y {I., t\.£1, 2AeJC
f
L/-l/c'4-- _
f ~ ' 1 f'..Ioldawsky U
.\ttotneys for Non-Pany
COUNTRYWIDE HOME] DANS, INC
8
- , ~ . _ - - - - - - - ---
1- \ P\RTI' ,\Pf)LlC'" no:.!
-8-
/
2
3
4
BRYAN CAVE LLP
John W. <c\mberg (Cc\ State Bar No. 108166)
]enna Molda\\lsky (C\ State Bar No. 246109)
120 Broadway, Suite 300
Santa Monica, California 90401-2386
Telephone: 310-576-2100
Facsimile: 310-576-2200
5
6
.\ttorncys for Non-Party (OUNTR'{\VIDE HOt\m LOA.NS, lNC.
7
8
9
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
lD
00
(')
~
00
0'1
"'0
lL W (J)
..J !: <:
~ ~ ~
~ ; ~
U ~ ::;
Z 0 ""
"" "" U >­ 0 .
It It ""
CD CD ~
o Z
N 0
- ~
""
....
Z
"
(j)
11
12
13
14
16
17
1R
19
20
21
22
NIVIL S"\\L\,\N, ct al.,
Plainti ffs,
Defendants.
Case No. SC0874(JO
DECLARATION OF TODD A. BOOCK
IN SUPPORT OF COUNTRYWIDE
HOME LOANS, INC.'S EXPARTE
APPLICATION FOR AN ORDER
SHORTENING TIME TO HEAR
COUNTRYWIDE'S MOTION FOR
SANCTIONS AGAINST DEFENDANT
JOSEPH ZERNIK FOR VIOLATIONS
OF THE JULY 23, 2007 PROTECTIVE
ORDERANDFOROTHERREUEF
[Filed concurrently with f ~ x Pmle !\pphcation;
Memorandum of Points and" \urhorities;
Declaration of Jenna :\lo1dawskv and
\proposed lOrder I ~
J:'.\.' Parte Hearing
Date: December 15, ]t j()k
Time: 8:3U a.m.
Dept: \'CEJ
24
25
26
27
28
DECLAR.\ TII)\ OF JFCiNA \j()/JlA \\Sf..: Y /N "I PPORT OF
C()[;!'\TRn\ IDE ~ I \ /'\Inl ,\PPlllA I I ( ) ~
/
BRYAN CAVE LLP
John W. <c\mberg (Cc\ State Bar No. 108166)
2 Jenna Molda\vsky (C\ State Bar No. 246109)
120 Broadway, Suite 300
3 Santa Monica, California 90401-2386
Telephone: 310-576-2100
4 Facsimile: 310-576-2200
5
.\ttorncys for Non-Party (OUNTR'{\VIDE HOt\m LO,c\NS, INC.
" .
6
7
8
9
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
lD
00
(')
~
00
0'1
"'0
lL W (J)
..J !: <:
~ ~ ~
~ ; ~
U ~ ::;
Z 0 ""
"" "" U >- 0 .
It It ""
CD CD ~
o Z
N 0
- ~
""
....
Z
"
(j)
11
12
13
14
16
17
1R
19
20
21
22
24
25
26
27
28
NIVIL S"\\L\,\N, ct aI.,
Plaintiffs,
\'s.
Defendants.
Case No. SC0874(J()
DECLARATION OF TODD A. BOOCK
IN SUPPORT OF COUNTRYWIDE
HOME LOANS, INC.'S EXPARTE
APPLICATION FOR AN ORDER
SHORTENING TIME TO HEAR
COUNTRYWIDE'S MOTION FOR
SANCTIONS AGAINST DEFENDANT
JOSEPH ZERNIK FOR VIOLATIONS
OF THE JULY 23, 2007 PROTECTIVE
ORDERANDFOROTHERREUEF
[Filed concurrently with f:x Pm}!' J\pphcation;
i\Jemorandum of Points and" \urhoriries;
Declara rion of Je11na ;\lolda \Vskv and
IProposedl Order] ~
J:'.\.' Parle Hearing
Date: December 15, 2t lUX
Time: 8:3U a.m.
Dept: \'CEJ
DEC LAR.\ TI()\ OF JF'iNA \jOiJlA \\ Sf-.: y /:'J "I PPORl OF
CU/;!\TRn\ J DC 'i I \ /'\Inl ,\1'1'1 IlA I IOhi
-9-
BRYAN CAVE LLP
John \'\1. i\mberg (CA State Bar No. 108166)
2 Jenna Moldawsky (CA State Bar No. 246109)
120 Broadway, Suite 300
3 Santa California 90401-2386
Telephone: 310-576-2100
4 Faoimile: 310-576-2200
5
Attorneys tor Countrywide Home Loans, Inc.
6
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
10
Ca::;e No. SCOR7400
to
00
<'l
':l
12
Plaintiffs, [PROPOSED] ORDER GRANTING
o ;;
o <t
COUNTRYWIDE'S EXPARTE
<'l 0
13
lL W Ol
APPLICATION FOR AN ORDER
-I 0(
vs. SHORTENING TIME TO HEAR
14
NON-PARTY COUNTRYWIDE HOME
; e
u ::;
LOANS, INC.'S MOTION FOR
Z 0 "'
MONETARY SANCTIONS AGAINST
"' "' U
>- 0 .
0: 0: "' DEFENDANT JOSEPH ZERNIK FOR
!D !D
o Z
16
l)efendants. VIOLATIONS OF THE JULY 23,2007
_ :f:
N 0
PROTECTIVE ORDER AND FOR
I­ "' 17
Z
OTHER RELIEF
1fI "'
18
Wiled concurrently \vith Lx J>"f1c .\ pplication;
Memorandum ()f Points and \uthoritie::;;
19
Declaration of !cnf11 and Todd
,\. Boockl' .
20
Iix j)ar!e Hearing
21
Date: December 1"i, 200R
Time: 8:30 a.m.
'1'1
Dept: WEj
23
Countrywide Home Loan::;, Jnc.'s CCountf)',vide") E\." j)tlrk ,\pplicltion for ;In meier
24
shortening time to specially ::;et an earlier hearing date on Countrywide's motion (1) for
25
monetary sanctions again::;t Defendant joseph Zernik ("l,ernik") for his repeated violations of
26
the .Iuh 23, 20()7 Protective Order directing I:ernik to communicate solely with Countrywide's
27
dc::;ignated counsc1legarding the prcscnt action and no other Coumrywide officers or
28
PRC lPOSI·D ORDFR
S\W! I
BRYAN CAVE LLP
John \V i\mberg (CA State Bar No. 108166)
2 Jenna i\Ioldawsky (CA State Bar No. 246109)
120 Broadway, Suite 300
3 Santa i\Ionica, California 90401-2386
Telephone: 310-576-2100
4 Facsim.ile: 310-576-2200
5
Attorneys tor Countrywide Home Loans, Inc.
6
7
8
9
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
to
co
C'l
N
o ;;
o
C'l 0
lL W Ol
-I 0(

; e
u ::;
Z 0 "'
"' "' U
>- 0 .
0: 0: "'
!D !D
o Z
N 0
_ :f:
"' I-
Z
"' 1fI
11 NIVIL Si\J\L\"\N, et a!.,
12 Plaintiffs,
13
\" s.
14
J 6 Defendants.
17
18
19
20
21
')"1
Case No. 4(j(J
[PROPOSED] ORDER GRANTING
COUNTRYWIDE'S EX PARTE
APPLICATION FOR AN ORDER
SHORTENING TIME TO HEAR
NON-PARTY COUNTRYWIDE HOME
LOANS, INC.'S MOTION FOR
MONETARY SANCTIONS AGAINST
DEFENDANT JOSEPH ZERNIK FOR
VIOLATIONS OF THE JlJLY 23,2007
PROTECTIVE ORDER AND FOR
OTHER RELIEF
Wiled concurrently with l:x fl,lflc .\pplication;
J\lemorandllm ()f Points and \llthorities;
Declaration of !cnru and Todd
,\. Boockl' .
l:x j)ark Hearing
Date: December 1'),
Time: a.m.
Dept: \VEJ
f-lome Loans, Jnc.'s ("Countrywide") E\.' j)tlrk .\pplicltion for ;In mdn
24
shortclllng time to specially set an earlier hearing date on Countrywide's motion (1) for
25
monctary sanctions against Defendant Joseph Zernik ("l,ernik") for his repeated violations of
26
the .1 uh 23, 20()'7 Protecti\'e Urder directjng I:ernik to communicate solch wit h Countrywide's
designated counsc1legarding the present action Jnd no other Coumrywide officers 01'
28
"'Wlll( Ie I
r'R( lPOSI D (lRDFR
-10-
employees ("Court Order"); (2) for an order to show cause why Defendant Joseph Zernik
2 should not be held in contempt and sanctioned accordingly for his continued violations of the
3 Court Order; and (3) for a modification of the Court Order to include officers and employees
4 of all Countrywide affiliates, including Bank Of America Corporation, which acquired
5 Countrywide in July 2008 (the ""\pplication") came before the Honorable Terry B. Friedman
6 in Department WEJ of the Los Angeles Superior Court, West District, on December 15,
7 2()08.
8 Having read and considered the ,\pplication and all papers submitted in support
9 thereof and in opposition thereto, and having heard and considered the argument of counsel,
10 and good cause appearing,
11 THE COURT THAT:
\0
co
l'l
12 1. Countrywide's I\pplication is GR,\NTED; N
00
l'l
o
0
<l
13 ')
Country,vide's i\lotion will be heard on _ at __ __
ll.. w Ol
...J «
14
;;
U ; :::;
Z 0 '" IS Dated:
>-
'" '"
0
U
.
to '" to '" '" ':!
J-lon. Terry B. h-icdman
o Z
16
N 0 Judge, Superior Court of California
-

'" 17
Z Prepared and by:
l/l '"
IX
BRY.\N C\ \'F LLP
J,) John \V_ \mberg (C \ State Bar No. 1081(6)
Jenna (C\ State Bar No. 2461ll9)
12ll Broadway, Suite 3tH)
20
Santa ;\lonica, California ')0401-238C)
Telephone: (.) 10) 5
7
6-.2100
21
l"acsimilc: (310) 576-22()()
22
.\ for Countrywide Home Loans, Inc.
23
24
25
26
27
28
2
employees ("Court Order"); (2) for an order to show cause why Defendant Joseph Zernik
2 should not be held in contempt and sanctioned accordingly for his continued violations of the
3 Court Order; and (3) for a modification of the Court Order to include officers and employees
4 of all Countrywide affiliates, including Bank Of America Corporation, which acquired
5 Countrywide in July 20118 (the ", \pplication") came before the Honorable Terry B. Friedman
6 in Department WEJ of the Los Angeles Superior Court, West District, on December 15,
7 2()08.
8 Having read and considered the ,\pplication and all papers submitted in support
9 thereof and in opposition thereto, and ha\'ing heard and considered the argument of counsel,
10 and good cause appearing,
11 '1'111,: COURT THAT:
13 ')
J-lon. Terrv B. h-icdman
Judge, Superior Court of California
\0
co
l'l
N
00
o <l
l'l 0
ll.. w Ol
...J «

;;
U ; :::;
Z 0 '"
'" '" U
>- 0 .
'" '" '"
to to ':!
o Z
N 0
-
12
14
15 Dated:
16
1. Countrywide's I\pplication is
Country\vide's Motion will be heard on _ at __ __
Prepared and submitted by:
ImY.\N C\VI,: LLP
J,) John \V_ \mbcrg (C\ State Bar No. 1(8166)
Jenna ;\loldawsh (C\ State Bar No. 24(J1()9)
12() Broadwav, Suite 3tH)
Santa ;\lonica, California ')0401-2.)8()
Telephone: (.',]0) 5
7
6-.2100
hlcsimilc: (3 Ill) S76-2200
IX
17
21
20
'" f-
Z
'" l/l
22
23
.\ fur Countrywide Hume Loans, 1nCo
24
25
26
27
28
2
-11-
BRYAN CAVE LLP
Juhn \'\'. (C\ Bar No. 1(8160)
2 Jenna (C\ :-;tate Bar No. 2-l-(J1()9)
12() Broach-a\', )()()
3 i\lunici, California 9U-l-O 1-2386
Telephone: 31O-576-210U
4 l'acsinlilc:
5
.\ttOrt1C'fS for Non-Partv COUNTRY\VIDF HOME I(\,'C
o'. - ,
6
7
8
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
lO
11
N I \' II ': S. \ ;\1. \ .\ N, eta1, Case No. SOJ87400
<Xl
lL
-.J


l'l
C\I
o ;;
o 'f
l'l 0
w 0\
.-(

;
12
13
14
Plainti ffs, DECLARATION OF JENNA
MOLDAWSKY IN SUPPORT OF
COUNTRYWIDE'S EXPARTE
APPLICATION FOR AN ORDER
SHORTENING TIME TO HEAR
U ::;
NON-PARTY COUNTRYWIDE HOME
Z
" >­
0
" 0
"
U- LOANS, INC.'S MOTION FOR
0:
III
0: "
III
o Z
C\I 0
-
"
....
Z
"
16
17
Defendants.
SANCTIONS AGAINST DEFENDANT
JOSEPH ZERNIK FOR VIOLATIONS
OF THE JULY 2007 PROTECTIVE
ORDER AND FOR OTHER RELIEF
III
18
[hlcd concurrently \vith I IlL/lie ,\pplication;
19
Memorandum of Points and Authorities;
Declaration of Todd .\. Boock and
20
/proposed] Order]
21
Ex Parte Hearing
Date: December 15, 2008
22
Time:
Dept:
8:30 a.m.
WEJ
23
24
25
26
27
28
SMO I DOCS712293.1
DECLARAnON OF JENNA MOLDAWSKY IN SUPPORT OF
COUNTRYWIDE'S EX PARTE APPLICATION
BRYAN CAVE LLP
Juhn \'\' .. \mbcrg (C\ Bar No. W8160)
2 Jcnna (C\ :-;tatc Bar 2-l-(J1()9)
12() Broach-a\', )()()
3 i\lunici, California 9U-l-O 1-2386
Telephone: 3IU-576-210U
4 l'acsinlile: 31
5
.\ttOrt1C'fS for Non-Partv COUNTRY\,\'IDF H01\IE ['O.\l"S Il\,'C
o'. - ,
6
7
8
9
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
16
17
18
19
20
21
22
23
24
25
26
27
28
SMOI DOCS712293.1
lO
<Xl
l'l
C\I
o ;;
o 'f
l'l 0
lL w 0\
-.J .-(

;
U ::;
Z 0 "
" " U >- 0 -
0: 0: "
III III
o Z
C\I 0
-
"
....
Z
"
III
1\
12
\3
14
Nl\'l],: ct a1,
Plainti ffs,
Defendants.
Case No. SOJ87400
DECLARATION OF JENNA
MOLDAWSKY IN SUPPORT OF
COUNTRYWIDE'S EXPARTE
APPLICATION FOR AN ORDER
SHORTENING TIME TO HEAR
NON-PARTY COUNTRYWIDE HOME
LOANS, INC.'S MOTION FOR
SANCTIONS AGAINST DEFENDANT
JOSEPH ZERNIK FOR VIOLATIONS
OF THE JULY 2007 PROTECTIVE
ORDER AND FOR OTHER RELIEF
Wiled concurrently \vith I :'\' IlL/lie .\pplication;
f\1cmorandum of Points and Authurities;
Declaration of Todd .\. Boock and
/proposed] Orderl
Ex Parte Hearing
Date: December 15, 2U08
Time: 8:30 a.m.
Dept: WEJ
DECLARATION OF JENNA MOLDAWSKY IN SUPPORT OF
COUNTRYWIDE'S EX PARTE APPLICATION
-12-
I,Jenna i\loldawsh, declare as follmvs:
2 1. I am an attorney licensed to practice law in California. I am an associate in the
3 law firm of Bryan en"e I J ,P, counsel of record for non-party Countrywide Home Loans, Inc.
4 ("Countrywide"). L h a n ~ personal knowledge of the facts set forth 1n this Declaration, and if
5 called to testify, 1 could testify competently to such facts.
6 On\ uh' :2\ :2007, in response to Defendant Joseph I: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 to communicate solely with Country\vide's designated counsel regarding the present
10 action and no other C:ountry'\vide officers or employees (the "Coun Order"). I was present at
11 the hearing, as was /,ernik, who represented himself and submitted on the Court's tentative
<D
<Xl
(')
12 order granting C:ountf)\vide's motion. N
o 0
o '<l
(') 0
13 3. Since July 2),2007, Zernik has repeatedly \"iolated the term:.; of the Court
0- w 0\
..J !::: <:
~ ~ ~ 14 Order, contacting, among others, ,\ngclo Mozilo, the former Chairman of CountrYWIde's
~ )-- ~
U ~ ::;
Z <) «
15 parent company, Countrywide i"inancial Corp., and Sandor Samuels, Countrywide's Chief
« « U
>- 0 .
a: a: «
m m ~
o Z
16 Legal Officer, on several occasions. ,\s a result, on February 15,2008, Countrywide moved
N 0
- ~
«
I­ 17 for sanctions against Zernik for his repeated violations of the Court Order. 'j 'he Court
Z
«
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 2
DECLARAnON OF JENNA MOLDAWSKY IN SUPPORT OF
COUNTRYWIDE'S EX PARTE APPLICATION
I,Jenna i\lolda\vsh, declare as [ollmvs:
2 1. I am an attorney licensed to practice law in California. I am an associate in the
3 law firm of Bryan en"e I J ,P, counse! of record for non-party Countrywide Home Loans, Inc.
4 ("Countrywide"). 1 h a n ~ personal knowledge of the facts set forth lt1 this Declaration, and if
5 called to testify, I could testify comretently to such facts.
6 Onl uh' :2\ :2007, in response to 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 /ernik to communicate solely with Country\vide's designated counsel regarding the present
10 action and no other C:ount!J'\vide officers or employees (the "COUrT Order"). I was present at
II the hearing, as was /,ernik, who represented himself and submitted on the Court's tentative
18 awarded (:ountrywide $16,170 in sanctions and held that the Court Order remained in full
<D
<Xl
(')
N
o 0
o '<l
(') 0
0- w 0\
..J !::: <:
~ ~ ~
~ )-- ~
U ~ ::;
Z <) «
« « U
>- 0 .
a: a: «
m m ~
o Z
N 0
- ~
«
I-
Z
«
f/l
12
13
14
15
16
17
order granting C:ountlJ\vide's motion.
3. Since July 2),2007, Zernik has repeatedly \"iolated the term:.; of the Court
Order, contacting, among others, .\ngclo J\1ozilo, the former Chairman of CountrYWide's
parent company, Countrywide hnancial Corp., and Sandor Samuels, Countrnvide's Chief
Legal Officer, on several occasions..\s a result, on February 15, 200H, Countrywide moved
for sanctions against Zernik for his repeated violations of the Court Order. 'j 'he Court
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
SMOIDOCS7I2293.1 2
DECLARAnON OF JENNA MOLDAWSKY IN SUPPORT OF
COUNTRYWIDE'S EX PARTE APPLICATION
-13-
and currect COjW of the email is attached hereto as Exhibit D.
2 (l. On December 9,2008, Zernik sent three emails to i\lr. Samueb and another
3 Countr\\\'ide employee, i\[aria i'-1cLaurin, regarding the present action..\ true and correct
4
COP\' of these email are attached hereto as Exhibits E, F & C.
5
7. Zernik has also begun harassing employees and of Bank of .\merica,
6 whIch merged with Countr\\vide in July 20Uk. On December'), 20015, Zernik sent a letter to
7 Kenneth D. I,ewis, Chairman, Chief Executiyc Officer and President of Bank of. \merica
8 Corporation, and Teresa ,\1. Brenner, [\ssociate General Counsel for Bank of, \merica,
9 enclosing a "press allegedly outlining "Countrywide's in a dubious I,os
10 ,\ngeles Court case" and demanding "immediate action to mitigate Ihis I damages." i\
11 true amI correct copy of the Ictter is attached hereto as Exhibit I L
<lJ
OJ
C'1
':I
12 k. On December 9,20015, Zernik faxed a letter to Timothy i\I:1yopou]os,
o ;;
C'1 0
o <t
13 J':xecutiH' Vice President and General Counsel of Bank of ,\merica, reguesting that
Q. w m
-.J 0{
14 Countrywide withdraw "fraudulent records produced by Countr)\vlde I rome I,oans as part of
> '0
<: r IL
U <: ­
Z 0 <:
.J
15 subpoena productions that were replete with fraudulcnt records, and which tried to entirely
<: <: U
r 0
0:: 0:: ..{
III III
o Z
16 fabricate fraudulent loan applications." Zernik also demands a response forrn Mr.
C\I 0
_ ::1:

<:
<:
Z
17 i'vIayopoulos by Wednesday, December 10,2008. i\ true and correct copy of the email
[IJ
18 attached hereto as I':xhibit I.
19 9. 'l'he same day, !'ernik sent a letter to several Bank of America employees
20 re<.Juesting "immediate intervention and curbing of Sandor Samuels." He claims that he is
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 Application to Defendant
24 Joseph Zernik, 1\loe Keshavarzi, attorney for Plaintiff Nivie Samaan, Robert J. Shulkin,
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. I sent notice via fax at 4:30 p.m, and sent an email
28 notice to all parties at approximately 6:00 p.m., giving the parties notice well before the
SMOIDOCS712293.! 3
DECLARATfON OF JENNA MOLDAWSKY IN SUPPORT OF
COUNTRYWIDE'S EX PARTE APPLICATION
2
3
4
5
6
7
8
9
10
II
<lJ
OJ
C'1
12
':I
o ;;
o <t
13
C'1 0
Q. w m
-.J 0{
14
> '0
<: r IL
U <: -
.J
15
Z 0 <:
<: <: U
r 0
0:: 0:: ..{
III III
16
o Z
C\I 0
_ ::1:
<:
17 f-
Z
<:
[IJ
18
19
20
21
22
23
24
25
26
27
28
and currect (()jW of the email attached hereto as Exhibit D.
(l. On December 9,2008, Zernik sent three emails to i\lr. Samuels and another
Countr\\\'ide employee, i\[aria i\1cLaurin, regarding the present action..\ true and corren
COP\' of these email are attached hereto as Exhibits E, F & C.
7. /'ernik has also begun harassing employees and of Ban k of. \merica,
whIch merged with Countr\\vide in July 200k. On December'), 200k, J:ernik sent a letter to
Kenneth D. I,ewis, Chairman, Chief Executiyc Officer and PreSIdent of Bank of \merica
Corporation, and Teresa ,\1. Brenner, !\ssociate General Counsel [nr Rank of .\merica,
enclosing a "press allegedly outlining "Countrywide's in a dubious I,os
.\ngeks Court case" and demanding "immediate acUon to mitigate Ihisl damages." i\
true and correct copy of the letter is attached hereto as ]':xhibit I L
k. On December 9, 200k, Zernik faxed a letter to Timothy i\1:lyopou]os,
J ':xecutiH' Vice President and General of Bank of ,\merica, reguesting that
Countrywide withdraw "fraudulent records produced by Countr)\vlde ] rome I.oans as part of
subpoena productions that were replete with fraudulent records, and which tried to entirely
fabricate Samaan's fraudulcnt loan applications." /'ernik also demands a response fortn Mr.
i'vlayopou]os by Wednesday, December 10,2008. ,\ true and correct copy of the email
attached hereto as I':xhibit l.
9. The same day, /'ernik sent a letter to several Bank of i\merica employees
re<.juesting "immediate intervention and curbing of Sandor Samuels." He claims that he is
\\Titing to "inform" Bank of i\merica of "my abuse at the hands of Countrywide." ,\ true and
correct copy of the letter is attached hereto as Exhibit J.
10. On December 11,2008, I gave notice of this Ex Parte Appucation to Defendant
Joseph Zernik, 1\loe Keshavarzi, attorney for Plaintiff 0Jivie Samaan, Robert J. Shulkin,
attorney for Cross-Defendant Coldwell Banker, and appointed receiver David J. Pasternak via
facsimile and email. The notice set forth the date, time and place of the e.Y parte hearing, and
the nature of the relief to be requested. 1 sent notice via fax at 4:30 p.m. and sent an email
notice to all parties at approximately 6:00 p.m., giving the parties notice well before the
SMOIDOCS712293.! 3
DECLARATfON OF JENNA MOLDAWSKY IN SUPPORT OF
COUNTRYWfOFS EX PARTE APPLICATfON
-14-
5
10
15
20
25
statutorily prescribed deadline. True and correct copies of the letter and fax confirmation
2 sheets are attached herem as I ':xhibit K.
3 r declare under r e n a l t ~ · of perjury under the laws of the State of California that the
4 foregoing IS true and coaect.
Fxecured on December 12,2008, at Santa i\Ionica, California.
6
7
8
9
II
<D
<Xl
C'l
~
12
0
0
o "
C'l 0
13
n. w 0>
-I ~ «
~ ~ ~
14
> . 0
-et: >- l.L
U ";: - .J
z a "
" 0" . ,. U
0: 0: "
OJ OJ ~
o z
16
N 0
- ~
"
17 l-
z
(/)
"
18
19
21
22
23
24
26
27
28
SMOIDOC57 12293. 1 4
DECLARATION OF JENNA MOLDAWSKY IN SUPPORT OF
COUNTRYWIDE'S EX PARTE APPLICATION
statutorily prescribed deadline. True and correct copies of the letter and fax confirmation
2 sheets arc attached herno as Fxhibit K,
3 r declare under penalty of perjury under the la\vs of the ::;tatc of California that the
4 forcg01l1g IS true and
5
6
7
8
9
10
II
<D
<Xl
C'l
12

o 0
o '1
13
C'l 0
n. W (Jl
...I <
14
> . 0
0( >- ...
U ; :::;
15
zoo(
0( 0( U
>- 0 .
0: 0: 0(
OJ OJ "
16
o z
N 0
-
0(
17 l-
z
0(
(/)
18
19
20
21
22
23
24
25
26
27
28
Executed on December 12, 2008, at Santa i\lonica, Cali
(( , ;7/
Jen , i\loldawsKY J
SMO1DOC57 12293. 1 4
DECLARATION OF JENNA MOLDAWSKY IN SUPPORT OF
COUNTRYWIDE'S EX PARTE APPLICATION
-15-
-16-
EXHIBIT A
5
10
15
20
25
RECEIVED
2
MAR 1 22008
3
SUPERIOR COURT
WeST DISTRICT
4
SANTA MONICA
6
7
COpy
L RIGlNAL EiLED
os Angeles Supe .
nor COUrt
MAl-( 1 J Z0l18
john A. Clarke Fx .
• 0 ecU(lve Officer/Clerk
Byl C-
o llron, Deputy
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
11 NIVIE SAMAAN, et al., Case No. SC087400
12
Plaintiffs,
13
vs.
14
JOSEPH ZERNIK, et al.
16
Defendants. Date:
Time:
February 15, 2008
8:45 a.m.
17
Dept: WEJ
18
19
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; (4) for an order to
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
SMOIDOCS672389.1
PROPOSED ORDER
COpy
L RIGlNAL EiLED
os Angeles Supe .
nor COUrt
MAt( 1 J Z0l18
john A. Clarke Fx .
• 0 ecU(lve Officer/Clerk
Byl C-
o llron, Deputy
RECEIVED
MAR 1 22008
SUPERIOR COURT
WeST DISTRICT
SANTA MONICA
3
2
4
5
6
7
8
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
10
11 NIVIE SAMAAN, et al., Case No. SC087400
14
15 JOSEPH ZERNIK, et al.
12
13
16
17
vs.
Plaintiffs,
Defendants. Date: February 15, 2008
Time: 8:45 a.m.
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; (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
SMOIDOCS672389.1
PROPOSED ORDER
-17-
5
10
15
20
25
Bryan Cave LLP appeared on behalf on non-party and movant Countrywide. Defendant
2 Joseph Zernik appeared on his own behalf. Also in attendance were Receiver David J.
3 Pasternak and Moe Keshavarzi of Sheppard Mullin Richter & Hampton LLP, counsel for
4 Plaintiff Nivie Samaan.
Having read and considered the Motion and all papers submitted in support thereof
6 and in opposition thereto, and having heard and considered the argument of counsel and
7 DefendantJoseph Zernik, and good cause appearing therefor,
8 THE COURT FINDS THAT:
9 1. lbe Protective Order issued by the Honorable Jacqueline Connor on July 23,2007 (the
"Protective Order') is a valid order and the Coun was authorized to gram the
11 Protective Order pursuant to California Code of Civil Procedure Sections 2031.060
12 and pursuant to California Code of Civil Procedure Section 128(a)(5). Both code
13 sections serve as legitimate bases for the issuance of the Protective Order;
14 2. The Protective Order is affJm1ed and remains in full force and effect; and
3. Countrywide presented sufficient evidence that Defendant Joseph Zernik violated the
16 Protective Order and should be sanctioned.
17 IT IS SPECIFICALLY ORDERED THAT:
18 1. Defendant Joseph Zernik is to pay Countrywide (through Countrywide's attorneys of
19 record) the amount of $16,170 as sanctions within 20 days of the hearing In the event
that Zernik fails to pay these sanctions to Countrywide, the Receiver in this matter,
21 David J. Pasternak, is authorized to pay the sanctions to Countrywide from the
22 Receiver's fund upon notice to the Receiver and DefendantJoseph Zemik by
23 Countrywide; and
24 III
III
26 III
27 III
28 III
SMOlDOCS672389.I 2
PROPOSED ORDER
Bryan Cave LLP appeared on behalf on non-party and movant Countrywide. Defendant
2 Joseph Zernik appeared on his own behalf. Also in attendance were Receiver David J.
3 Pasternak and Moe Keshavarzi of Sheppard Mullin Richter & Hampton LLP, counsel for
4 Plaintiff Nivie Samaan.
5 Having read and considered the Motion and all papers submitted in support thereof
6 and in opposition thereto, and having heard and considered the argument of counsel and
7 DefendantJoseph Zernik, and good cause appearing therefor,
8 THE COURT FINDS THAT:
9 1. lbe Protective Order issued by the Honorable Jacqueline Connor on July 23,2007 (the
10 "Protective Order') is a valid order and the Coun was authorized to gram the
11 Protective Order pursuant to California Code of Civil Procedure Sections 2031.060
12 and pursuant to California Code of Civil Procedure Section 128(a)(5). Both code
13 sections serve as legitimate bases for the issuance of the Protective Order;
14 2. The Protective Order is affJm1ed and remains in full force and effect; and
15 3. Countrywide presented sufficient evidence that Defendant Joseph Zernik violated the
16 Protective Order and should be sanctioned.
17 IT IS SPECIFICALLY ORDERED THAT:
18 1.
19
20
21
22
23
24 III
25 III
I
26 III
27 III
28 III
Defendant Joseph Zernik is to pay Countrywide (through Countrywide's attorneys of
record) the amount of $16,170 as sanctions within 20 days of the hearing In the event
that Zernik fails to pay these sanctions to Countrywide, the Receiver in this matter,
David J. Pasternak, is authorized to pay the sanctions to Countrywide from the
Receiver's fund upon notice to the Receiver and DefendantJoseph Zemik by
Countrywide; and
SMOlDOCS672389.I 2
PROPOSED ORDER
-18-
5
10
15
20
25
2. Defendant Joseph Zernik is ordered to appear on Match 7, 2008 at 9:30 a.m. to show
2 cause why he should not be held in contempt of court and sanctioned for violating the
3 Protective Order.
4
IT IS SO ORDERED.
6
7
8
Dated:
Hon. Terry Eo. Friedman
Judge, Superior Court of California
9 Prepared and submitted by:
:g
~
80
S ~ g
~ ~ ~
~ ~ g
~ ?; l3
'" '" .
~ E l ' l
alal
c
~ ~
'" c
~
I I
12
13
14
16
17
BRYAN CAVE LLP
John W. Amberg (CA State Bar No. 1081(6)
Jenna Moldawsky (CA Stare Bar No. 24(109)
120 Broadway, Suite 300
Santa Monica, California 90401-2386
Telephone: (310) 576-21100
Facsimile: (310) 576-2200
Attorneys for Countrywide 1lome Loans, Inc.
18
19
21
22
23
24
26
27
28
SMOIIXXS672389.1 3
PROPOSED ORDER
2. Defendant Joseph Zernik is ordered to appear on Match 7, 2008 at 9:30 a.m. to show
2 cause why he should not be held in contempt of court and sanctioned for violating the
3 Protective Order.
4
5 IT IS SO ORDERED.
6
7 Dated:
8
9 Prepared and submitted by:
10 BRYAN CAVE LLP
II John W. Amberg (CA State Bar No. 1081(6)
Jenna Moldawsky (CA Stare Bar No. 24(109)
12 120 Broadway, Suite 300
Santa Monica, California 90401-2386
13 Telephone: (310) 576-21100
Facsimile: (310) 576-2200
14
15 Attorneys for Countrywide I lome Loans, Inc.
16
17
18
19
20
21
22
23
24
25
26
27
28
Han. Tcrry Eo. Friedman
Judge, Superior Court of California
SMOIDOCS672389.1 3
PROPOSED ORDER
-19-
Page 1of 1
filE COpy
Chiri, Judith C.
From: Amberg, John W
Sent: Thursday, March 13,2008418 PM
To: Chlri, Judith C
Subject: FW: Zernik Signed/Conformecl Order re motion for sanctions
Attachments: 021179 Order PDF
Please print.
-----
From: Moldawsky, Jenna L.
Sent: Thursday, March 13,20084:06 PM
To: [email protected]'
Cc: Amberg, John W.
Subject: Zernik: Signed/Conformed Order re: motion for 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, !':sq.
BRYAN CAVE LLP
120 Broadway, Suite 300
Santa MOllica, California 90401
Phone: (310) 5762377
l"ax: (310) 576-2200
Ilea
3/13/2008
Page 1of 1
filE COpy
Chiri, Judith C.
From:
Sent:
To:
Amberg, John W
Thursday, March 13,2008418 PM
Chlri, Judith C
Subject: FW: Zernik Signed/Conformecl Order re motion for sanctions
Attachments: 021179 Order PDF
Please print.
-----
From: Moldawsky, Jenna L.
Sent: Thursday, March 13,20084:06 PM
To: [email protected]'
Cc: Amberg, John W.
Subject: Zernik: Signed/Conformed Order re: motion for 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, !':sq.
BRYAN CAVE LLP
120 Broadway, Suite 300
Santa Monica, Califorl1la 9040 I
Phone: (310) 5762377
l"ax: (310) 570-2200

3/13/2008
-20-
-21-
EXHIBIT B
r· " ,---,
F
:
'=,-
I i
, -
LLL.......
RECEIVED
2
CONFORMED COpy
MAR 1 1 zooa OF ORlOrNAL RLED
3
Los Anlleles SUpt:rior Court
SUPERIOR COURT
4
WEST DISTRICT
MAR 1 1LOOtj
SANTA MONICA
5 John A. Clarke. Exccllti ve Officcr/Cledl.
6
By J. Citron, Deputy ;/'
7
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
15
JOSEI'll ZERNIK, TIME:
DEPT:
9:30 a,m.
.I
16 ---­
Defendant.
17
On March 7, 2008 at 9:}0 a,m. in DepartmentJ of the Los Angeles Superior Court,
18
West District, located at 1725 Main Street, Santa Monica, Cahfornia, 904()1, proceedmgs were
19
held pursuant to the Court's February 15,2008 order that !:ernjk
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' uly 23, 2007, dircctlng Zcrnjk to commun.icate solely with Countrywide's designated
24
COl I f1<;C I and no other ofticcrs or employees rcgarillng the present acllOlL John \XI. j\rnbcrg
2S
and Jerma Moldawsky of Bryan Cave LLP appeared on heh;llf of COl In trywic1t' Moe
26
Keshavarzi of Sheppard Mullin Richter & Hampton LLP appeared on behalf of Plaintiff
27
Nivie Samaan. Robert J. Shulkin appeared telephonically on behalf of Cross-Defendant
28
PROPOSED JUDGMENl
SMOIDOCS672017 I
r. C' ,---,
:
I i
LLL.......
By J. Citron, Deputy ;/'
MAR 1 1ZOOtj
John A. Clarke. Exccllti ve Officcr/Cledl.
SUPERIOR COURT
WEST DISTRICT
SANTA MONICA
RECEIVED
CONFORMED COpy
MAR 1 1 zooa OF ORlOrNAL RLED
Los Anlleles Supt:rior Court
2
3
5
6
7
4
8
9
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
II
NIVIE SAMAAN Case No. SC087400
JUDGMENT RE:
CONTEMPT
12
13
14
JOSEI'll ZERNIK,
15
16 ----
17
Phintiff,
Defendant.
I DATE:
TIME:
DEPT:
March 7, 2008
9:30 a.m.
J
18
On March 7, 2008 at 9:}0 a.m. in Department J of the Los Angeks Superior Court,
West District, located at 1725 Main Street, Santa Monica, Cahfotlua, 904()1, proceedmgs were
19
held pursuant to the Court's J;ebruary 15,2008 order that Zernjk
20
21
("/'crnik") appear and show cause why he should not be held in contempt of court. During
the proceedings, Countrywi.de Home Loans, Inc. ("Countrywide") presented eVidence that
22
23
Zernik should be held in contempt of court for disobeying the Court's Protective Order,
dated I uly 23, 2007, dirccnng Zcrnjk to commun.icate solely with CountrywIde's designated
24
cOIII1<;cl and no other ofticcrs or employees regarding the present aclloll. John \XI. J\mbcrg
2S
and Jerma Moldawsky of Bryan Cave LLP appeared on heh;llf of COl In trywic1t> Moe
26
Keshavarzi of Sheppard Mullin Richter & Hampton LLP appeared on behalf· of Plaintiff
27
Nivie Samaan. Robert J. Shulkin appeared telephonically on behalf of Cross-Defendant
28
SMOIDOCS672017 I
PROPOSED JUDGMENl
-22-
(:oldwell Banker. Defendant Joseph Zernik telephoned the clerk of the Court prior to the
2 proceedings and informed the Court that he would not appear.
3 IT IS HEREBY ORDERED, DECREED AND ADJUDGED THAT:
4
I. Defendant Joseph Zernik had actual knowledge of the contempt proceedings,
5
and was properly served with the Order to Show Cause re: Contempt, and
6
chose not to appear or present evidence in his defense;
7
2. The Protective Order entered on July 23, 2007 by the Honorable Jacqueline
8 Connor is valid and enforceable;
9 ). Defendant Joseph Zernik had actual notice of the Protective Order as of July
10 23, 2007, as Zernik was present at the July 23, 2007 hearing granting the
II
Protective Order and submitted on the record to the Tentative Ruling granung
1D
OCI 12
the Protective Order. Zernik was also repeatedly reminded of the tenl1S and
'"
';'
00
",,,
o ~
13 conditions of the Protective Order by Countrywide's counsel and was served
~ ~ ~
.......J : : J . ~
CD U) E 14 with a Notice of Ruling and a copy of the Court's July 23, 2007 Minute Order
~ > - ~
o ~ ~
c:-uo
IS granting the Protective Order;
'" '"
<:,0'"
~ u
ro (Xl "2
00
~ : 2
16 4. DefendantJoseph Zernik was able to comply with the Protective Order, which
ro
C
ro
17 was prohibitory, narrowly tailored, and limited in scope. This is eVidenced by
18 Zernik's numerous communications that were made to Countrywide's counsel
19 of record. Zernik, however, chose to repeatedly communicate with
20 Countrywide officers and employees that were not designated counsels of
21 record;
22 S. The Court finds that Defendant Joseph Zemik committed thirteen (13) separate
23 acts of contempt by willfully VIOlating the Court's July n, 2007 Protective
24 Order directing Zernik to communicate solely with CountryWIde's designated
25 counsel and no other officers or employees regarding the present action;
(f)
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 Protective Order were not accidental. Further, in several of Zernik's
SMOIDOCS672017J 2
PROPOSED JUDGMlcNT
2
3
4
5
6
7
8
9
10
II
1D
12 OCI
'" ';'
o ~
13
00
",,,
~ ~ ~
.......J J . ~
14 CD U) E
~ > - ~
o ~ ~
15
c:-uo
'" '" <:,0'"
~ u
ro (Xl "2
16
00
~ : 2
'"
c:
17
'" (f)
18
19
20
21
22
23
24
25
26
27
Coldwell Banker. Defendant Joseph Zemik telephoned the clerk of the Court prior to the
proceedings and informed the Court that he would not appear.
IT IS HEREBY ORDERED, DECREED AND ADJUDGED THAT:
1. Defendant Joseph Zernik had actual knowledge of the contempt proceedings,
and was properly served with the Order to Show Cause re: Contempt, and
chose not to appear or present evidence in his defense;
2. The Protective Order entered on July 23, 2007 by the Honorable J acguelinc
Connor is valid and enforceable;
). Defendant Joseph Zernik had actual nOUce of the Protective Order as uf July
23,2007, as /emik was present at the July 23, 2007 hearing granting the
Protective Order and submitted on the record to the Tentative Ruling granung
the Protective Order. Zernik was also repeatedly reminded of the terms anJ
conditions of the Protective Order by Countrywide's counsel and was served
with a Notice of Ruling and a copy of the Court's July 23, 2007 Minute Order
granting the Protective Order;
4. Defendant! oseph Zernik was able to comply with the Protective Order, which
was prohibitory, narrowly tailored, and limited in scope. This is eVidenced by
ZerOlk's numerous communications that were made to Countrywide's counsel
of record. Zernik, however, chose to repeatedly communicate with
Countrywide officers and employces that wcre not designated counsels of
record;
S. The Court finds that Defendant Joseph Zernik committed thirteen (13) separate
acts of contempt by willfully VIOlating the Court's July 2}, 2007 Protective
Order directing Zernik to communicate solely with CountryWide's designated
counsel and no other officers or employees regarding the present action;
6. The repetition of Defendant Joseph Zernik's violations of the Protective Order
is evidence of the willfulness of his violations; Zernik's violations of the
28 Protective Order were not accidental. Further, in several of Zernik's
SMOIDOCS672017 J 2
PROPOSED JUDGMlcNT
-23-
5
10
15
20
25
communications with represented Countrywide officers and employees, Zernik
2 admitted the existence of the Protective Order;
3 7. The Court finds that Defendant Joseph Zernik is guilty of contempt pursuant
4 to Code of Civil Procedure Section 1209(a) and is to pay a fine in the amount of
$7,500 for thirteen (13) separate acts of contempt, pursuant to Code of Civil
6 Procedure Section 1218(a). The fine is imposed on a graduated scale - 7emik
7 is not fined for his initial violation of the Protective Order, but is fined $100 for
8 his second violation. For each subsequent violation thereafter, he is fined an
9 adclitional $100. Zernik is fined $1,000 for the 11 th, 12th, and 13th violation,
for a total of $7,500;
I 1 R. The collection of the $7,500 fine is suspended subject to the following
ill
12 conditIons. The Protective Order remains in full force and effecc during the <0
M
~
0
0-
0
13 pendency of this lawsuit. I f Defendant Joseph Zerruk further violates the <")'<1
' : J ~ g
-.J ::J ~
Q) U) E 14 Protective Order, upon five (5) days' written notice from Countlywide to
> >. 0
( 3 ~ ~
c-oU
Zernik, the Receiver shall pay $7,500 from the Receiver's Fund to Countrywide
m ro
cocO
(]) OJ ~
00
~ ~
16 in care of its attorneys, Bryan Cave LLP, unless Zernik obtains a Court Order in
ro
C
<U
(f)
17 the intenm blocking payment; and
18 9. Countrywide shall pay its own attorneys' fees and costs associated with the
19 contempt proceecling.
21 Dated:
I [on. Terry B. Friedman
22
Judge, Superior Court of California
23
Prepared and submitted by:
24 BRYAN CAVE LLP
John W. Amberg (C\ State Bar No. 108166)
J enna Moldawky (C1\ State Bar No. 246109)
120 Broadway, Suite 300
26 Santa Monica, California 90401-2386
Telephone: (310) 576-2100
Facsunile: (310) 576-2200
27
Attorneys for Countrywide Home Loans, Inc.
28
SMOIDOCS672017 I 3
PROPOSED JUDGMENT
communications with represented Countrywide officers and employees, Zernik
2
3
4
5
6
7
8
9
10
11
ill
12 <0
M
~
0-
13
0 0
<")'<1
' : J ~ g
-.J .:J ~
14 Q) U) E
> >. 0
( 3 ~ ~
15
c-oU
m ro
cocO
(]) OJ ~
16
00
~ ~
ro
C
17
<U
(f)
18
19
20
21 Dated:
admitted the existence of the Protective Order;
7. The Court finds that Defendant Joseph Zernik is guilty of contempt pursuant
to Code of Civil Procedure Section 1209(a) and is to pay a fine in the amount of
$7,500 for thirteen (13) separate acts of contempt, pursuant to Code (J f Civil
Procedure Secuon 1218(a). The fine is unposed on a graduated scale - 7emik
is not fined for his initial Violation of the Protective Order, but is fined $100 for
his second violation. For each subsequent violation thereafter, he is fined an
addiuonal $100. Zernik is fined $1,000 for the 11 th, 12th, and 13th violation,
for a total of $7,500;
R. The collection of the $7,500 fine is suspended subject to the following
condiuons. The Protective Order remains in full force and effece during the
pendency of this lawsuit. I f Defendant Joseph Zerruk further violates the
Protective Order, upon five (5) days' written notice from CountJywide to
Zernik, the Receiver shall pay $7,500 from the Receiver's Fund to Countrywide
in care of its attorneys, Bryan Cave LLP, unless Zernik obtains a Court Order in
the intenm Glocking payment; and
9. Countrywide shall pay its own attorneys' fees and costs associated with the
contempt proceeding.
23
27
22
Prepared and submitted by:
24 BRYAN CAVE LLP
John W. Amberg (C\ State Bar No. 108166)
25 J cnna Moldawky (C1\ State Bar No. 246109)
120 Broadway, Suite 300
26 Santa Monica, California 90401-2386
Telephone: (310) 576-2100
Facsunile: (310) 576-2200
I [on. Terry B. Friedman
Judge, Superior Court of California
28
Attorneys for Countrywide Home Loans, Inc.
SMOIDOCS672017 I 3
PROPOSED JUDGMENT
-24-
5
10
15
20
25
PROOF OF SERVICE
2
3
I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
not a party to the within action. My business address is 120 Broadway, Suite 300, Santa Monica,
CaliforIllil 90401-2305.
4
On March 11 2008, I served the foregoing document(s), described as JUDGMENT RE:
CONTEMPT, on the interested party(s) in this action, as follows:
Moe Keshavarzl, Esq.
Sheppard Mullin RlChter & Hampton, LLP
7
333 South Hope Street, 48th Floor
Los Angeles, CA 90071-'1448
6
8
Facsimile: 213-620- 1398
mkeshavarziCa),sheppardmullin.com
9
David J. Pasternak
11
Pasternak, Pasternak & Patton, Ll ,p
<D
1875 Century Park East, Suite 2200
12 <0
<'>
Los Angeles, California 90067-2523

13
0
<,>V
'" Telephone: 310-553-1500 0
Facsimile: 310-5531540
14
[email protected]]a\\,.com

U;;ro
c-oU
<1l <1l

Joseph Zemik
2415 Saint George Street
Los Feliz, California 90027
Telephone: (310) 435-9107
Facsimile: (801) 998-0917
[email protected]
Robert J. Shulkin, Esq.
Legal Department
Coldwell Banker Residential Brokerage Company
11611 San Vicente Boulevard, 9
th
floor
Los Angeles, CA 90049
Facsimile: 310-447-1902
robert._slLulianCw,camoves.con1

00
[8J (BY OVERNITE EXPRESS) I deposited ill a box or other facility maintained by
16

<1l
Overnite Express, an express carner service, or delivered to a courier or driver authorized by said
C
17
express carrier service to receive documents, a true copy (or original) of the foregoing document, lfl <1l
VJ
an envelope designated by sald express service carrier, with delivery fees paid or provided for.
18
Executed on March 11, 2008, at Santa Monica, California.
19
I declare under penalty of perjury under the laws of the United States of America
and the State of California that the foregoing is true and correct.
21
22
23
24
7
---cr-:....-'=---+--------­ --­
26
27
28
SMOll)OCS672017.1
PROPOSED JUDGMENT
PROOF OF SERVICE
Execllted on Match 11, 2008, at Santa Monica, California.
On March 11 2008, 1served the foregoing document(s), described as JUDGMENT RE:
CONTEMPT, on the interested party(s) in this action, as follows:
I declare under penalty of perjury under the laws of the United States of America
and the State of California that the foregoing is true and correct.
Robert J. Shulkin, Esq.
Legal Department
Coldwell Banker Residential Brokerage Company
11611 San Vicente Boulevard, 9
th
floor
Los Angeles, CA 90049
Facsimile: 310-447-1902
robert._slLul!w}@camoves.conl
Joseph Zemik
2415 Saint George Street
Los FelIZ, California 90027
Telephone: (310) 435-9107
Facsimile: (801) 998-0917
jz [email protected]
7

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
not a party to the witlun action. My business address is 120 Broadway, Suite 300, Santa Monica,
Califorrua 90401-2305.
[8J (BY OVERNITE EXPRESS) I deposited ill a box or other facility mawtarned by
Overnite Express, an express carner service, or delivered to a courier or driver authorized by saId
express carrier servIce to receIve documents, a true copy (or original) of the foregoing document, 111
an envelope designated by sald express service carrier, with delivery fees paid or provided for.
Moe Keshavarzl, Esq.
Sheppard Mullin Richter & Hampton, LI.1'
333 South Hope Street, 48th Floor
Los Angeles, CA 90071 "1448
FaCSImIle: 213-620- U98
mkesl1a va rziCa),sheppardn1l1l1in.com
David J. Pasternak
Pasternak, Pasternak & Patton, Ll .1'
1875 Century Park East, Suite 2200
Los Angeles, California 90067-2523
Telephone: 310-553-1500
Facsimile: 310-553 1540
[email protected]
2
3
4
5
6
7
8
9
10
I I
<D
12 <0
n
'"

13
00
n'"

14
:>',2

15
c-aU
co co


16
00

co
C
17
co
Vl
18
19
20
21
22
23
24
25
26
27
28
SMOll)OCS672017.1
PROPOSED JUDGMENT
-25-
-26-
EXHIBIT C
----- Original Messagc--­
from: Joseph zenuk <[email protected]>
To: Moe [(eshavarzi <[email protected]>; D. Brett Bianco
sarah overton <[email protected]>; [email protected]·[aw.com -law.com>;
[email protected] <[email protected]>; Paul
<PMabngagio(@,sheppardmullin.com>; Amherg, John W; amayorkas(a)omm.com <amavorkasCr!:ommcom>; Van
Cleve, Peter D; David J Pastem:l.k <·[email protected]>;
< [email protected],>; [email protected] <[email protected]>;
sandor [email protected] <[email protected]>
Sent: Wed Nov 1202:59:142008
Subject: RE: Not.ice of Ex Parte Appearance, and racketeering under guise of litigation in LA Superior Court
To whom it may concern:
RE: Notice of Ex Parte Appearance, and racket.eering under guise of litigation in LA Superior Court
Please t.ake notice of cotnnlurucatiOl1s below, forwarded by email, by fax, or by certified overnight mail to the
following:
A. Au Mohammad Keshavarzi & Au Malingagio
Counsel for Samaan
Sheppard Mullin, LA
Au Ted Max
Managing Partner, Sheppard Mullin, NY
- engaging in conduct that must be deemed racketeering in litigation of Samaan v 7.ernik (SC087400)
in LA Superior Court
B. "nle Honorable St.ephen CZuleger, Presiding Judge & John Clarke, Clerk, LA Superior Court
Au D B Bianco, Counsel to the court
Att S Overton, Counsel to the court
----- Origmal Message
r rom: Joseph zenuk < \Z [email protected]>
To: Moe [(eshavarzi <[email protected]>; D. Brett Bianco
sarah overton <" [email protected]>; [email protected]
[email protected] <[email protected]>; Paul
<PMaltngagio(@,sheppardmullin.com>; Amherg, John W; amayorkas(a)omm.com <amavorkasCr!:ommcom>; Van
Cleve, Peter D; David J Pasterm.k <·[email protected]>;
< [email protected],>; [email protected] <[email protected]>;
sandor [email protected] <[email protected](Jn1>
Sent: Wed Nov 1202:59:142008
Subject: RE: Not.ice of Ex Part.e Appearance, and racketeering under guise of litigation in LA Superior Court
To whom it may concern:
RE: Notice of Ex Part.e Appearance, and racketeering under guise of litigation in LA Superior Court
Please t.ake notice of COtTInlurucation:; below, forwarded by email, by fax, or by certified overnight mail to the
following:
A. Au Mohammad Keshavarzi & Au Malingagio
Counsel for Samaan
Sheppard Mullin, LA
Au Ted Max
Managing Partner, Sheppard MuLlin, NY
- cngagJng in conduct that must be deemed racketeering in litigation of Samaan v 7.emik (SC087400)
in LA Superior Court
B. -n1e Honorable Stephen Czuleger, Presiding Judge & John Clarke, Clerk, LA Superior Court
Au D B Bianco, Counsel to the court
Att S Overton, Counsel to the court
-27-
leadership of the LA Superior Court, which abdicated any notion of furtherance of justice, and
refuses to answer basIc questlOns:
- would they finally allow me access to my own litigation
who is the Judge assigned to the case?
was judgment entered in trus case, or wasn't
C. Mr Martin Berg, Editor, Daily Journal,
Controlhng Party in LA Superior Court's fraudulent case management system
do the readers know of the duplicitous role of thiS newspaper?
. would he confinn or deny some of the fraudulent features of Sustain 111 the attached
document>
D. Alt Davld Pasternak
Former President, "I louse of Justice" Bet Tzcdek
pe!1xtrator of frauds under pretence of Receiver
F. Att Sandor Samuels, Mr Angelo Mozilo Officers of Countrywidc
Mr Samuels also as former President,"Housc of Justice" .. Bet 'I'zedek
perpetrators of frauds in the millions of dollars agalIlst Inwviduats, in trilJiom of dollars against ,he
I J.S. government..
F. Att Alejandro Mayorkas and Att Mark Kamins
Officers of" House ofJ ustice" Bet Tzedek
Att Mayorkas also as of the Consent Decree re: Civil Rights jn LA (2:2000cv 117(9)
would they finally
arc there any dispute tesolution bylaws in the "House of JustlCC"?
G. The Honorable Ronald George, ChlcfJustice, California Supreme Court
As member of tlle leadership of LA Superior Court 1985, at the timc Sustain was Installed.
was he or wasn't he tnvolved in Installation of Sustain?
- and what docs he know about
- would he act pursuant to the code of juwcla[ ethics?
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 he know?
. as Overseer of Civil Rights, and a judge, would he act upon his dunes per Code of
Copies were emailed to vanous others in the legal community and otherwise relevant to the case
Attached is a record titled: Unpublished Rules of Court - LA County, describmg some of the frauds related to the
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 1attached it for expediency sake. It can also be found at:
http://inproperinla.com/.OHeading-076-la-sup-ct-civil-unpublished-rules-of-court-sopel f i.
'The onlme verSIOn f
would be completed in the next few days. Ibe date of the version appears in digital signature at upper nght of
2
leadership of the LA Superior Court, which abdicated any notion of furtherance of justice, and
refuses to answer baslc questlOns:
- would they finally allow me access to my own litigation
- who is the Judge assigned to the case?
. was Judgment entered m trus case, or wasn't
C. Mr Martin Berg, Editor, Daily Journal,
Controlhng Party In Sustain- LP\ Superior Court's fraudulent case management system
. do the readers know of the duplicitous role of thlS newspaper?
would he confinn or deny some of the fraudulent features of Sustain 111 the attached
document>
I) All Davld Pasternak
Former President, "I louse of Justice" . Bet Tzedek
[1e!11Ctrator of frauds under pretence of Receiver
F.. Att Sandor Samuels, Mr Angelo MoziJo - Officers of Countrywide
Mr Samuels - also as former President,"House of Justice" . Bet'l'zedek
perpetrators of frauds in the millions of dollars agalIlst Individuals, 1Il tnJJiom of dollars against the
I J.S. government..
r:. Att Alejandro Mayorkas and i\tt Mark Kanuns
Officers of" House ofJustice" - Bet Tzedek
Art Mayorkas - also as co-signer of t11e Consent Decree re: Civil Rights in LA (2:2000cv 117(9)
- would they finally answer)
. arc there any dispute resolution bylaws in the "House of JustlCe"?
G. The Honorable Ronald Ccorgc, Chief JusUce, California Supreme Court
As member of tlle leadership of LA Superior Court 1985, at the time Sustain was Installed,
was he or wasn't he Il1volvcd Il1 Installation of Sustall1?
- and what docs he know about
. would he act pursuant to the code of judIctal et11ics?
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 does he know?
as Overseer of Civil Rights, and a judge, would he act upon his dubes per Code of Ethics)
Copies were emailed to vanous others in the legal community and otherwise relevant to the case
Attached is a record titled: Unpublished Rules of Court· LA County, dcscribmg some of the frauds related to 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 I attached it for expediency sake. It can also be found at:
http://inproperinla.com/.OHeading-076-la-sup-ct-civil-unpublished-rules-of-court-s.pdf . i'
<http://inproperinla.com/.OHeading-076-la-sup-et-civilunpublished-rules-of-CDurt-s.pdf> "The onlme verSIOn f
would be completed in the next few days. The date of the version appears in digital signature at upper nght of
2
-28-
face page.
A. Counsel for Samaan, Att Keshavarzi, Sheppard Mullin
November 11,2008
Att Mohammad Keshavarzi
Att Paul Malingaglo, Managing Partner, LA Att Ted Max:, Managillg Partner, New York
Mr Keshavarzl, Att Malingagio:
As noted before, there is no response In your email notlce to my demands:
a. For refund of sanctions 111 the sum of $2,570 fraudulently extracted from me by a j01l1t fraud of Keshavarzi and.
Connor, and enabled through frauds in Sustam and denial of access to records.
b. For pay for unlawful occupancy of my property at 320 South Peck Dnve, Beverly Hills, 90212, c. That Samaan
inunediately vacate that property.
Regarding your notICe, copied below, dated 11/ II /08:
I) There is no eVidence that Samaan V!,erruk IS a legitimate Track action. ['he preponderance of the
eVIdence indicates that thIS IS an Enterprise Track case, and that it was designated tJlat way since before the
complalrlt was fued.
2) You arc referring to a Post-judgment order, where there is no Judgment. There is no e\·idence that there is a
valid judgment entered 111 this case. On tl1e contrary, the evidence is all clear that the court starting with Judge
Connor was engaged in a Judgment fraud 111 this case. In fact, you yourself stated ill opeCl court on Nov 9, 2007
(rranscripts, Exhibit page 571 et seq), that you have never been served with the judgmcnt, and that you do not
recognizc any judgement in this case. You refused repeated requests that you notice the judgment or noUce the
entry of judgment, as purportedly you were ordered to do.
http://mproperinla.com/OO·OO-OO-Ia -sup-ct-transcripts-samaan-v-zemik-doc-58-s. pdf
<http://inproperinla.com/OO-OO-OO.!a-sup-ct-transcripts-samaan-v-zernik-doc-58-s.pdf> 3) Even had there been
an entered Judgment in this case, it would have been VOId, not voidable, based on various autl10nties communicated
to you in tl1e past, pnmarily based on frauds by you, by Samaan, by Countrywide, and by severalludges, that were
the foundation for such purported Judgment. Some of these frauds were by now certIfied by fraud experts, and
other arc clear on their face:
http://inproperinla.com/04-09-07· samaan-s-prequalification-letter. pd f
<http:// inrroperinla.com/04-09 -07· samaan-s·prequalification-letter.pdf> http:/ I nnla.com/0409-07­
opimon-letter-fraud-lll-prequalificaion-letter%5Bs%5D.pdf
< http://inproperinla.com/04-09-07·opiruon-letter-fraud-m-prequalificalon-Ietter%5Hs% 'i [). pdf>
http://inproperinla.com/04-1 025 doc-45-countrywide- fraud-contract·record.pdf
<http://l11properinla.com/04-1 0 .2S·doc-45-countrywide-fraud-contract ·record.pdf>
http://inproperinla.com/04-09-27-doc-40-samaan-fraudulent-loan-appllCations-s. pdf
< http://inproperinla.com/04-09-27·doc-40·samaan-fraudulent -loan·applications-s. pdf>
http://inpropennla.com/04-09-27-opinion-letter-fraud-in-loan-applicarions-signature%S E>s'%5 D.pdf
< http://inproperinla.com/04-09-27·opinion-letter-fraud-LD-loan-applications-sigoature%5Bs%5D. pd f>
http://inproperinla.com/04-10-26-doc-44-countrywide-fraud-underwriting-letter. pdf
< http://inproperinla.com/04-1 0-26.doc-44-countrywide-fraud-underwriting-Ietter. pdf>
http://inproperinla.com/ 04-1 0-26-opinion-Iettercountrywide-underwriting-Iette r-oct-26%5Bs%5D. pdf
< http://inproperinla.com/ 04-10-26.opinion-letter-countrywide-underwriting-lenet-oct-26%5Bs%5D. pdf>
http://inproperinla.com/04-10- 25-countrywide-adulterated-branch-input-exception-request-s. pdf
3
face page.
A. Counsel for Samaan, Att Keshavarzi, Sheppard Mullin
November 11,
Att Mohammad Keshavarzi
Au Paul Mahngaglo, Managing Partner, LA Att Ted Max, Managmg Partner, New York
Mr Keshavarzl, Au Malingagio:
As noted hefore, there is no response In your email notlce to my demands:
a. For refund of sanctions In the sum of $2,570 fraudulently extracted from me by a jomt fraud of Kcshavarzl and
Connor, and enabled through frauds lfl Sustam and derua! of access to records.
b For pay for unlawful occupancy of my property at 320 South Peck Dnve, Beverly Hills, 90212, c That Samaan
i.nuncdiately vacate that property.
Regarding your notlCc, copied below, dated II I 11 108:
1) There is no eVidence that Samaan v !,erruk IS a legitimate (:ourt Track action. ['he prq)onclerancc of the
cVldence indicates that tillS IS an Enterprise Track case, and that it was designated tllat way since before the
complalrlt was fucd.
2) You arc refcrring to a Post-judgment order, whcre thcre IS no ludgment. is no e\'idence that thcre is a
valid judgment entered In thiS case. On the contrary, the evidence is all clear that the court starting with Judge
Connor was cngaged in a Judgment fraud In this case. In fact, you yourself stated Ul open court on Nov 9, 2007
Crranscripts, Exhibit page 571 et seq), that you have never been served with the judgment, and that you do not
rccognize any judgement in this case. You refused repeatcd requests that you notice the judgment or notIcc tJle
entry of judgment, as purportedly you were ordered Lo do.
http://Ul[1roperinla.com/ -sup-ct-transcripts-samaan-v-zcmik-doc-53-s. pdf
3) Even had there been
an entered Judgment in this case, it would have been VOId, not voidable, based on various allthomies conununicatcd
to you \l1 the past, prunaruy based on frauds by you, by Samaan, by Countrywide, and by severalludges, that wcre
the foundation for such purported Judgment. Some of these frauds were by now certified by fraud experts, and
other arc clear on their face:
http://inproperinla.com/04-09-07.samaan-s-prcqual1fication-letter.pdf
<http://in[Jropcrinla.com/04-09 samaan-s http:/ ! nnla.com/0409-07
opiruon-Ie ttcr-fraud-m-prequalificaion-lett er%5 Bs%5D.pdf
< gs%'i U. [Jdf>
http://inpropcnnla.com/04-1 025 doc-45-countrywide- fraud-contract -record. pd f
<http://lIlproperinla.com/04-10 -record. pdf>
http://inpropennla.com/04-09-27-doc-40-samaan-fraudulent -loan-appl1canons-s. pdf
< http://inproperinla.com/04-09-27 doc-40-samaan-fraudulent -loan -applications-sopdf>
http://inpropennla.com/04-09-27-opinion-letter-fraud-in-loan-applications -signature%S E>s'%5 D. pdf
< http://inproperinla. coml 04-09-27-opinion-letter-fraud-10-loan-applications-sigoature%5Bs%SD. pd f>
http://inproperinla.com/04-1 0 26-doc-44-countrywide- fraud-underwriting-letter. pdf

http://inproperinla.com/ 04-10-26-opinion-lettercountrywide-underwriting-Iette r-oct-26%5Bs%5D. pdf
< http://inproperinla.com/ 04-1 0-26-opinion-letter-countrywide-underwriting-lener-oct-L:6%5£Is %50. pdf>
http:// inproperinlacom/04-10- 2S-coUIltrywide-adulterated-branch-input-exception-request-s. pdf
3
-29-
<http://inproperinla.com/04-10-25-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://inpropennla.com/06-11-09-doc-38-2-countrywide-mclaurin falsedeclaracions.pdf
<http://mproperinla.com/06-II-09-doc-38-2-countlywide-mclaurin-falsededarations.pdf> 2) There IS no
evidence and no notice that Terry Fnedman has ever been assigned to such purported court acnon. 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
Fnedman, 111 hls response on March 19, 2008, engaged in fraudulent conduct, where he entered in paper court file a
response (invalid on ltS face, as a Swke and Answer .. an un-alJowed comblOatioll per the California Bench Glude of
the JudiCial CouncIl), and then he proceeded to secretly void/dispose ills own response in Susta1l1 (Exhibit page
194, date nunutes entered -00/00/00) .
http://inpropennla.com/OO-OO OO-la-sup-ct-nunute-orders-clectronic ·court .fJlc·s.pdf
<http://inproperinla.com/OO-OO-OO-la-sup-ct-minute-orders-elecuonic-court-file-s.pdf> Judge Friedman did the
same regarding hIS ruling on Jan 30, 2008 . not to release any funds to Defendant - he fr:mclulently vOlded/ disposed
of his own minute order with flO notice or servICe to parties' (Exhibit page 183, date minutes entered· 00/00/(0).
Art Keshavarzl, for all the reasons above, you are conunulng to engage in conduct that upon reVIew IS likely to be
deemed of crinunal nature.
Withdrawal is demanded of any furd1er acUon in Samaan v Zernik, as well as response to previous demands for
rnitigaung damages by payment for unlawful occupancy and immediate vacating of the property by 5:00pm on '}led,
Nov 12, 2008.
Joseph /.ernik
B. Presld1l1g Judge Stephen Czuleger & Clerk John A Clarke, LA Supenor Court
Nov 11,2008
Presldmg Judge Czulcger, and Clerk Clarke, Att Bianco, Att Overton, Att DiCarlo:
Please take noUce of COII11I1UlucatiO[[s with Att Keshavarzi and others in 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 Judge C:zuleger and Clerk Clarke also abdicate any notion uf furtherance of justice in their
contillued refusal to respond to very basic questions underlying the frauds in Samaan v Zemik, and also in their
ongolOg dental of access to my own litigatlon records, per Nixon v Warner Communications, California Rules of
Court, Rule 2.400 et seq, etc, where the full and direct evidence of the frauds resides.
Presiding Judge Czuleger and Assistant Presiding Judge McCoy also fail to abide by the Califonua Code ofJudicial
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-Iaw-ca_codejudicial_ethics-08-09-08-s.pdf>
4
<http://inproperinla.com/04-10-25-countrywide-adulterated-branch-input-exception-request -so pdf>
http://inproperinla.com/06-11-09-doc-38-1-countrywide-mclaurin-false-declarations.pdf
<http://mproperinla.com/06-1109-doc-38-1-countrywide-mclaunn-false-declarations. pdf>
http://inpropcnnla.com/06-11-09-doc-38-2-countrywide-mclaurin falsedeclaracions.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 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
Fnedman, 111 hls response on March 19, 2008, engaged in fraudulent conduct, where he entered 1ll paper court file a
response (invalid on lts face, as a Swke and Answer an un-allowed comblOation per the California Bench Glude of
the JudiCial CouncIl), and then he proceeded to secretly void/dispose ills own response lfl Susta1l1 (Exhibit page
194, date nunutes entered -00/00/(0) .
http://inpropennla.com/OO-OO OO-la-sup-et-nunute-orders-clectronic -court -fue.s.pdf
<'http://inproperinla.com/OO-OO-OO-la-sup-ct-minute-orders-electIonic-court-file-s.pdf> Judge Friedman did the
same regarding hIS ruling on Ian 30, 2008 not to release any funds to Defendant - he fr:mclulently vOidedI disposed
of his own minute order with flO nouce or servICe to parties' (Exhibit page 183, date minutes entered 00/00/(0).
Att Keshavarzl, for all the reasons above, you are conunulng to engage in conduct that upon reVIew IS likely to be
deemed of crlllunal nature.
Withdrawal is demanded of any furd1er action in Samaan VZernik, 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 '}lcd,
Nov 12, 200R
Joseph /.ernik
B. Presldmgl udge Stephen Czuleger & Clerk John A Clarke, LA Supenor Court
Nov 11, 200H
Presldmg Judge Czulcger, and Clerk Clarke, Att Bianco, Att Overton, Att DiCarlo:
Please take notice of COII11I1Ulucations with Att Keshavarzi and others in 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, Presldll1g Judge C:zuleger and Clerk Clarke also abdicate any notion uf furtherance of justice in their
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 \' Warner Communications, California Rules of
Court, Rule 2.400 et seq, etc, where the full and direct evidence of the frauds resides.
Presidll1g Judge Czuleger and Assistant Presiding Judge McCoy also fail to abide by the Califonua Code ofJudicial
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-law-ca_codejudiciaLethics-08-09-08-s.pdf
<http://inproperinla.com/OO-OO-OO-law-ca_codejudicial_ethics-08-09-08-s.pdf>
4
-30-
---- - -- --- - - --- -------- - --
---------------- ----- --- ----
----- - -- - - - --- - - - - - - -- - - - - ---- -------- --------------- ----- ----- ----- - - ------ -- ---------
Notice is again demanded by the offices of the Presiding Judge and the Clerk to all involved by 5:00pm on Wed
Nov 12,2008:
1) Either that there IS, alternatively, that there isn't any valid due Assignment Order in this case for Judge Fnedman.
2) Either that there IS, alternatively, that there isn't any valid, effectual, entered Judgment of l\Ug 9, 2007 in this case.
http://tnpropennla.com/08 -08-14-cal-ct -app-2-motion-to-suspend-appeal-w-exh-s.pdf
<http://inproperinla.com/08-08-14-cal-ct-app -2-motion-to-suspend-appeal-w-exh-s.pdf>
http://tnproperinla.com/ .0Heacltng-152-conclusions-us-constitution-non-compliance. pdf
< http://inproperinla.com/ .OHeading-152-conclusions-us-constitution-non-compliance. pdf> 3) Either that the
Grant Deed issued by David Pasternak IS, alternatively - isn't valid a grant deed stenuning from this case.
http://lOpropcnnla.com/07-12-17-opiruon-letterfraud-m-grant-decds s.pdf
< http://inpropcnflla.com/07 -12-17-opiruon-Ietter-fraud-ill-grant-deeds-s.pdf> 4) EIther that the case as a whole IS
a valid State of Californta lItigation, alternatively - that it isn't.
http:// lllpropenniacom/OO-OO-OO-la -sup-ct-la-frauds-medieval-s.pdf
< http://lllproperinla.com/ OO-OO-OO-la-sup-ct-la-frauds-medieval-s.pdf> Notice is also demanded by 5:00pm on
Wed, Nov 12, 2008, that access IS allowed to electro!l1c court records ill Sustatn.
It IS also expected that the PresIding Judge Immediately uUtiate corrective actions pursuant to the California Code of
J udlCla\ F ~ t h i c s and notice parties of actions he is taking.
Joseph Zermk
C. Martin Lkrp" Edam, Daily Journal
COlltrolllIlg Party in Sustall1
Nov 11, 200K
Martin Berg, EdItor
Daily Journal
Mr Berg:
Please take notice of other communications in this email message, and references to records that arc posted onllOe.
Pursuant to your role as Editor of the Daily Journal, which in turn has control of Sustain, I again demand your
action to mitigate damages: Confirmation or denial of the various features of Sustarn, the Li\ Supenor Court
fraudulent case management system, which is an instrument of fraud on the 9.5 million people that this court claims
to serve.
http://inproperinla.com/ OO-OO-OO-computers-sustarn-subsidiaryof-daily-Journal-s. pdf
<http://tnproperinla.com/OO-OO 00 computers-sustalll-subsidiary-of-daily-joumal-s.pdf> Some, but not aU
Sustain's fraudulent features are described 111 the attached record - unpublished mles of court and advanced
applications of Sustalll. Please confu:m or deny the features of Sustain listed there.
It IS only reasonable to expect some notICe to your readers as weU.
Response demanded by Wed, Nov 12, 2008, 5:00pm.
Joseph Zernik
5
Notice is again demanded by the offices of the Presiding Judge and the Clerk to all involved by 5:00pm on Wed
Nov 12,2008:
1) Either that therc IS, alternatively, that there Isn't any valid due Assignment Order in this case for Judge Fnedman.
2) Either that there IS, alternatively, that there Isn't any valid, effectual, entered Judgment of l\Ug 9,2007 w this casc.
http://ll1properwla.com/ 0808-14-c;Joct -arr-2-motion-to-suspend-appeal-w-exh-s.pdf
<http://inproperinla.com/ 08-08 14-cal-ct-app-2-motion-to-suspend-appeal-w-exh-s.pdf>
http://wproperinla.com/OHeadll1g-152-conclusions-us-constitution-non-compliance. pdf
< http://inpropennla.com/ .0 Headlng-152-conclusions-us-constitution-non-compliance. pdf> 3) Either that the
Grant Deed issued by DavId Pasternak IS, alternatively - isn't valid a grant deed stemming from this casco
http://tnpropcnnla.com/07-12-17-opiruon-letterftaud-Hl-grant-dccds s.pdf
< http://inpropcnnla.com/07 ·12-17-opiruon-letter-fraud-m-grant-deeds-s.pdf> 4) EIther that the case as a whole IS
a valtd State of California lttlgation, alternatively thaI it isn't.
http/ / lnpropennlacom/OO-OO-OO-la-sup-ct-la-frauds-medleval-spdf
< http://lilpropcrinla.com/ OO-OO-OO-Ia-sup-ct-Ia-frauds-medieval- s. pdf> Notice IS also demanded by 5:00pm on
Wed, Nov 12,2008, that access IS allowed to electroruc court records U1 SustaU1.
Jt IS also expected that the PreSIding Judge Immediately irutiate corrective actions pursuant to thc California Code 01
JudICla\ F ~ t h i c s and notice parties of actions he is taking.
Joscph LcrOlk
C. MarLin Ucrf'" Ldltm, Daily Journal
CuntroUlIlg Party in Sustain
Nov 11, 200K
Maron Berg, Edttor
Dally Journal
Mr Uerg:
Please take notice of other communications in this email message, and references to record:; that arc posted onlme.
Pursuant 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 or derual of the various features of Sus tam, the U\ Supenor Court
fraudulent case management system, which is an instrument of fraud on the 9.5 million people that t1us court claims
to servc.
http://inproperinla.com/00-OO-OO-computers-sllstam-subsidiary 0 f-daily-Journal-s. pdf
<http://tnpropcrinla.com/OO-OO 00 computers-sustalll-subsidiary-of-daily-joumal-s.pdf> Some, but not aU
Sustain's fraudulent features are descnbeu 111 the attached record - unpublished mles of court and advanced
applications of Sustall1. Please confu:m or deny the features of Sustain listed there.
It IS only reasonable to expect some notICe to your rcaders as well.
Response demanded by Wed, Nov 12, 2008, 5:00pm.
Joseph Zernik
- ------- ----- ----- ---------- -
---- - - ------ -- -------------------- ---- - ----- -
------ -- - - ------- ---- - - - - - - - -------------------------------------
5
-31-
- - -- ---- ------ --- --------- -- - -- - - - --- - ------- - --- -- - - --- - - - - - - --- - ------ ---------- - ---- - ---- - ------ ------ --------------
D. Art David Pasternak
Former President, "House of Justice" - Bet Tzedek
Nov 11,2008
Att David Pasternak
Pasternak, Pasternak, Patton
Att Pasternak:
This is a repeat demand that you lffimeciJately withdraw the fraudulent Grant Deed that you flied with the office of
Registrar/Recorder, http://inpropelinla.com/07-12-170pinion-letter-fraud-lll-grant-deeds-s.pdf
<http://illproperinla.com/07-12-17-opIIlJon-letter-fraud-in-grant-deeds-s.pdf> that you notice the parnes once
you have done so, and that you facilitate vacating the property that you forcibly entered and fraudulently transferred
to Samaan_
Response demanded by Wed, Nov 12,2008, 5:00pm.
Joseph Zernlk
E. Att Sandor Samuels, Mr Angelo Mozilo - Officers of Countrywide
Mr Samuels - also as fanner President,"House ofJustice" Bet Tzedek
Nov 11,2008
Art Samuels and Mr Mozilo:
Please finally answer the questions asked numerous times in the past:
1) UnderwntlOg Letter:
http://inproperinla.com/04-10-2(,-doc-44-countrywide·· fraud-underwriting-letter-pdf
< http://mpropennla.com/04 10-26-doc-44-countrywide-fraud-underwriting-letter.pdf>
http://inpropennla.com/ 04-1 0- 26-opinion. letter-countrywide-underwriting-letter-oct-26%5Bs%5D. pdf
<http://inrropennlacom/04-1 026-opinion-letter-countrywide-underwriting-let ter-oct-26'lfo5Bs%5 D.pdf> a) Was
the underwriting letter that IS posted online as indicated above, dated Oct 14,2004 or Oct 26, 2004?
b) Was it a valld Countrywide underwriting letter as part of Samaan's loan application file in 2004)
2) Real Property Contract"
http://inproperinla.com/04·1 0-25-doc-45-countrywide-fraud-contract ·record.pel f
<http://mrroperinla.com/04-1O-25 -doc-45-countrywide-fraud-contract-record.pdf> a) Was it ever received by
Countrywide San Rafael at 5:03pm on Oct 25, 2004, as claimed?
b) If so, who was it sent to Countrywide by at that date and that tlrne?
3) Was CountrYWide engaged in fraud in Samaan v Zernik?
Your response IS demanded by 5:00pm on Wednesday, Nov 12, 2008.
Joseph Zernik
F. Att Alepndro Mayorkas and Att Mark Kamins
Officers of "House of Justice" - Bet Tzedek
Att Mayorkas - also as co-signer of the Consent Decree re: Civil Rights in LA (2:2000cv11769)
6
D. Art David Pasternak
Former Presldent, "House of Jusuce" . Bet Tzedek
Nov 11,2008
Att Davld Pasternak
Pasternak, Pasternak, Patton
Att Pasternak:
This is a repeat demand that you rmmeQlately withdraw the fraudulent Grant Deed that you flied with the office of
Registrar/Recorder, http://inproperinla.com/07-12-17 opinion-letter-fraud-ll1grant-deeds-s.pdf
<http/lillproperinla.com/07-12 17-oprlUon-letter-fraud-in-grant-deeds-s.pdf> that you notice the partles once
you have Jane so, and that you facilitate vacating the property that you forcibly entered :md fraudulently transferred
f() Samaan.
Respollse demanded by Wed, Nov 12,2008, 5:00pm.
Joseph Zernlk
E. Att Sandor Samuels, Mr Angelo Mozilo - Officers of Countrywide
Mr Samuels - also as fonner Prcsident,"House ofJustice" Bet Tzedek
Nov 11,2008
1\ tt Samuels and Mr Mozilo:
Please finally amwcr the tluestions asked numerous times rn the past:
l)Underwntmg Letter:
http://inproperinla.com/04-1 0-2(,-doc-44-countrywide--fraud-underwriting-Ietter.pdf
< http://mpropennla.col11 104 10-2(, -doc-44-counrrywide-fraud-underwriting-Ietter.pdf>
http://inpropennla.com104 10-26-opinion. letter-countrywlde-underwriting-letter-oct-2() %5Bs%5D. pdf
<http://inpropennlacom/04-1 02(, -opinion-letter-countrywide-underwriting-Iel ter-oct-26%5Bs%5 D.pdf> a) Was
the underwriting letter that lS posted onlllle as indicated above, dated Oct 14,2004 or (Jet 26, 2004?
b) Was it a valId Coulltrywide underwritrng letter as part of Samaan's loan application frlc in 2004)
2) Real Property Contract·
http://111properinla.com/04-10-25-doc-45-countrywide-fraud-contract.record.pel f
<http://rnpropennla.com/04-1O-25 .doc-45-countrywide-fraud-contract-record.pdf> a) Was it ever recelved by
Countrywide San Rafael at 5:03pm on Oct 25, 2004, as claimed)
b) If so, who was it sent to Countrywide by at that date and that Wne?
3) Was Countrywlde engaged in fraud in Samaan v Zernik?
Your response IS demanded by 5:00pm on Wednesday, Nov 12, 2008.
Joseph Zernik
F. Att Alepndro Mayorkas and Att Mark Kamins
Officers of "House of Justice" - Bet Tzedek
Art Mayorkas - also as co-signer of the Consent Decree re: Civil Rights in LA (2:2000cv11769)
6
-32-
Nov 11,2008
Att Kanuns and AtL Mayorkas:
- are there any mspute resolutlon bylaws in the "House of Justice"?
Your response IS demanded by 5:00pm on Wednesday, Nov 12, 2008.
Joseph Zemik
C. The Honorable Ronald George, CluefJustice, California Supreme Court
As member of the leadership of LA Superior Court -1985, at the time Sustarn was installed.
The Honorabk Ronald George
Chief JusLice -
Califorrua Supreme Court
Honorable Justice George:
I{evlew of your ofTiCial biography shows you were in leadership posiuons in the civil courts of L1\ Superior Court
during or around the time when Sustain was installed as the case management system, ancl the public records that
arc the Books of Court were eliminated.
http://lflpropcnnla.com! OO-OO-OO-Judges-bio-misc-rnfo -sopdf <http://inproperinla.com/OO-OO-OO-judges-bio-mise­
info speif> I~ x h i b l l page 23
1) Would you please respond with a "tatement on the record regarding your role, if any, in this matter!
2) Would you please respond with a statement on the record regarding the notion that Sustain is a fraudulent
computer system!
3) If so, would you please respond with a statement on the record regarding corrective action that you may llliUate,
If any?
Response requested by Fnday, Nov 114,2008, 5:00pm
Joseph Zernik
f I. The f Ionorable Gary Feess, Judge, U.S. District Court, LA
Also - as Overseer of Civil Rights in LA per Consent Decree (2:2000cvlIH9)
Also as former Judge of LA Superior Court
The Honorable Gary beess
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
in use as the case management system. . .
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 the record regarding your use and knowledge, prior to this notice
7
Nov 11,2008
Att Kanuns and Atl Mayorkas:
. are there any mspute resolutlon bylaws in the "House of Justice")
Your response IS demanded by 5:00pm on Wednesday, Nov 12,2008.
Joseph Zemik
C. The Honorable Ronald George, OuefJustice, California Supreme Court
As member of the leadership of LA Supenor Court 1985, at the time Sustarn was lllstalled.
The Honorabk Ronald George
Chief JuSlice .
Callfonua Supreme Court
Honorable Justlce Ceorge:
l{evlew of your otliCial biography shows you were in leadership positions in the civil courts of 1..1\ Superior Court
during or around the time when Sustain was installed as the case management system, and the public records that
arc the Books of COUlt were elinunateJ.
http://lJlpnlpcrlnla.com/OO-OO-OO-Judgcs-bio-misc-lIlfo -s.pdf <http://inproperinla.com/OO-OO-OO-judges-bio ·nlisc-
info splif> J page 23
1) WouJd you please respond with a :itatement on the record regarding your role, if any, in this matter!
2) Would you please respond with a statement on the record regarding the notion that Sustain is a fraudulent
computer system!
3) I f would you respond With a statement on the record regarding corrective action that you may lilltIate,
If any?
Response requested by Fnday, Nov 114,2008, 5:00pm
Joseph Zemik
f I. The f lonorable Gary Feess, Judge, U.S. District Court, LA
Also - as Overseer of Civil Rights in LA per Consent Decree (2:2000cvl1H9)
Also as former Judge of LA Superior Court
The Honorable Gary beess
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
in use as the case management system. . .
http://inproperinla.com/OO-OO-OO-judges-bio-misc-info-s.pdf <http://inproperinla.com/OO-OO-OO-judges-blO-nusc-
info-s.pdf> - Exhibit page 19
1) Would you please respond with a statement 011 the record regarding your use and knowledge, prior to this notice
7
-33-
----------------------------------- -- - ----- --------- -
of the frauds in Sustam, dunng your service as judge in the LA Superior Court?
2) Would you please respond with a ~ ; t a t e m e n t on the record regarding the notion that Sm,tain is a fraudulent
computer system?
3) If so, would you please respond wIth a statement on the record regarding corrective action that you may initiare,
If any)
4) Would you please reVIew the 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):
a) 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://inproperinla.com/ .0Heacling-l OO-us-distoct -la-void-licigation-w -no-summons-s. pdf
< http://inproperinla.com/ .OHeading-l OO-us-clist-ct-la-void-litigation-w·no-sumrnons-s.pdf> b) Annotated docket
of purported lttigation In Zernik v Connor et al.
http://inproperinla.com/ .0Heading-l 02-us-clist-ct-la-docket-annotated-s.pdf
<http) /inproperinla.com/.OHeading-l02.us-dist-ct-la-docket-annotated-s.pdf> c) List of records barred by
Magistrate Woehrle from filing through deceitful use of Discrepancy Notices.
http://inproperinla.com/ .OHeading-l 03-us-dist-ct-\a-perverted-use-of-cltscrapancy-noticcS-Lllcomplele. pdf
< http://inproperinla.com/ .0Heading-l 03-us-distoct -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 of such records, please lllitiate corrective action, such as:
a) A declaration on the record of to effect such as:
"Litigation where no valid summons was issued by the clerk, neither was any valid swnmons served on defendants,
nor entered in court, and where plaintiff was barred from filing papers 1ll court, is null and void, It never was
litigatIon 10 begin with. No need to dismiss such litigation, since there was no litigation to be ..lismissed."
b) Notice to the authorities, as you feel necessary.
c) Notlu.' to pawes regarding your actions in this regard.
Response reguested by hlday, Nov 14,2008, 5:00pm.
- ------ ---- - - - - - - - - - ~ - - - ---­
At 09:47 AM 11/11/2008, you wrote:
Dear Mr. Zernlk:
Please take notice that tomorrow, November 12,2008, at 8:30 a.m. in Department" J of the Los Angeles
Supenor Court m Santa Monica, plaintiff Nivie Samaan's counsel will appear ex parte to request an order shortening
tnne for the hearing on Plaintiffs motion for award of post judgment attorney's fees. Th.Is application is based on
the fact that the earliest date available through the clerk for the hearing is U1 December and due to her financial
condition, the plaintiff needs the Court's ruling on this application as soon as pos,ible. Pilease let me know If you
intend to oppose our application.
Thank you for your attention.
Moe Keshavarzi, Esq.
Sheppard Mullin Richter & Hampton, LLP
8
of the frauds ill Sustam, dunng your service as judge in the LA Superior Court?
2) Would you please respond with a ~ ; t a t e m e n t on the record regarding the notion that Sm,tain is a fraudulent
computer system?
3) If so, would you please respond wIth a statement on the record regarding corrective action that you may ininare,
If an)')
4) Would you please revIew the foUowmg records related to the conduct of your colleagues, Judge Virginia A
Phrllips and Carla Woehrle IN RE Zernik v Connor et a1. (2:2008cv01550):
a) Lltrgation 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.coml .OHeading-l OO-us-dist-et-la-void-litigation-w·no-surnmons-s.pdf> b) Annotated docket
of purported Irtigation In Zernik v Connor et al.
http://inproperinla.com/.OHeading-l 02-us-dist-ct-la-docket-annotated-s.pdf
<http) linproperinla.com/.OHeading-l02.us-dist-ct-la-docket-annotated-s.pdf> c) List of records barred by
Magistrate Woehrle from filing through deceitful use of Discrepancy Notices.
http:// inproperinla.cot1l1.OHeading-l 03-lis-dist-ct-Ja-perverted-use-of-discrapancy-notices-lI1cornplele. pdf
<http://inproperinla.com/ .0Heading-l 03-us-dist oct -la-perverted-use-of-discrapaflcy-notJces-incomplcIe. pdf>
The discrepancy noted in aU such records is: May 15,2008 Minute Order by Judge Woehrle.
Upon revIew of such records, please lIlitiate corrective action, such as:
a) A declaration on the record of to effect such as:
"Litigation where no valid summons was issued by the clerk, neither was any valid swnmons served on defendants,
nor entered in court, and where plaintiff was barred from filing papers 111 court, is null and VOid, It never was
litigation 10 begin with. No need to dismiss such litigation, since there was no litigation to be drsmissed."
b) Notice to the authorities, as you feel necessary.
c) Notice to partles regarding your actions in this regard.
Response regucsted by hlday, Nov 14,2008, 5:00pm.
Joseph /,ernik
- ------ ---- - - - - - - - - - ~ - - - ----
----------------------------------- -- - ----- --------- -
At 09:47 AM 11/11/2008, you wrote:
Dear Mr. Zerlllk:
Please take llouce that tomorrow, November 12,2008, at 8:30 a.m. in Departmenf J of the Los Angeles
Supenor Court In Santa Monica, plaintiff Nivie Samaan's counsel will appear ex parte to request an order shortening
tnne for the hearing on Plaintiffs motion for award of post Judgment attorney's fees. ThIS application is based on
the fact that the earliest date available through the clerk for the hearing is U1 December and due to her financral
condiuon, the plaintiff needs the Court's ruling on this application as soon as pos,ible. Pilease let me know rf you
intend to oppose our application.
Thank you for your attention.
Moe Keshavarzi, Esq.
Sheppard Mullin Richter & Hampton, LLP
8
-34-
333 South Hope Street, 48th Floor
Los Angeles, CA 90071 1448
Direct Line: 213-6175544
Fax: 213-620-1398
Email: [email protected]
Sheppard Mullin < 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
\Vww.sheppardmullin.com <http://www.sheppardmullin.com/>
Moe Keshavarzi
213.617.5544 direct I 213.4432910 cLrect fax
[email protected] I Bio <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 tax penalties or (11) promoting, marketing or recommending to another party allY transaction or
matter addressed hnelll (or in any attachments).
Attention: This message is sent by a law firm and may contam information that is privileged or confidentiaL
1f you received this transmission in error, please notify the sender by reply e-mail and delete the message and any
attachments.
9
333 South Hope Street, 48th Floor
Los Angeles, CA 90071 1448
Direct Line: 213-6175544
Fax: 213-620-1398
Email: [email protected]
Sheppard Mullin <http://w\Jfw.sheppardmullin.com/images/ smrhlogo-mini.jpg>
.133 South Hope Street
48th Floor
Los J\ngeles, CA 90071-144S
213.620.1780 office
213.620.1398 fax
www.sheppardmullin.com <http://www.sheppardmullin.com/>
Moe Keshavarzi
213.617.5544 direct I 213.4432910 cLrect fax
[email protected] I Bio <http://w\V\v.shcppardmullin.com/attorneys-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 tax penalties or (u) promoting, marketillg or recommending to another parly allY transaction or
matter addressed hnelll (or in any attachments).
Attention: This message is sent by a law firm and may contam information that is privileged or confidentiaL
I f you received this transmission in error, please notify the sender by reply e-mail and delete the message and any
attachments.
9
-35-
-36-
DigitallY Signed by
!l
Joseph Zernlk
IJN cn=)oseph lernlk,
) . ernall
c
[email protected]
,nk.net, c::U5
Jate: 200811.24
Joseph Zernik OlViO P'hD
06A633
i '
"Judge shall bE! faithful to the law... "
Cal Code Jud EthIcs 38(2)
"The rule of law must never be confused tyranny of the courts"
Afronymous
Nov 24, 2008
All John Ambcrg
Att Jcnna Moldawsky
8ryan Cave, LLP
By cmail
Time is of the essence, please respond by Monday, Nov 24, 2008, 5.;Q!)pm.
RE: I ,etter to Bank of Corporation in RE: Jacqueline Connor and the corrupt justice system of
LA County.
A. Request for confirmation of Bank of America Corporation knowledge and approval of your continued
fraudulent conduct and the fraudulent conduct of Countrywide Legal Division in Samaan v Zernik
(SC087400)
B. Request for Bank of assistance in freeing those who were conlirmed innocent but framed in
the Rampart scandal.
Att Moldawsky, Att Ambcrg:
I am writing to infonn you of my Icttcr to Bank of America corporation with the two following requests:
A. Request for confirmation of Bank of America Corporation knowledge and a pproval of the
continued fraudulent conduct of Attorneys John Amberg and Jenna Moldawsky (Bryan Cave,
LLP) as well as the continued fraudulent conduct of Countrywide Legal Division and Sandor
Samuels in purported State of California litigation Samaan v Zernik (SC087400)
8ank of America Corporation is asked to indicate its knowledge and approval of your conduct. I need to bc rc­
assurcd exactly which cntities you rcpresent, and that such entitics arc fully awarc and approve of your continued
fraudulcnt conduct.
J) flease notice me ofthe exact date ofchange olcontrol, ifany, to Bank ofAmerica Co/poration. in what is
nominallv known as Samaan v Zemik (SC087400)
2) !Joes Counsc! ofthe Bank ofAmerica COIporation know and approve eJyour participation, jor a year
and a half, in abusive proceedings that arc not part ofany recognizable State ofCalijomia litigalion or
any other legitimate legal process
7
3) Docs ( 'ounsel ofthe Bank ofAmerica Corporation know and approve c{yourfraudulent conduct in the
recent taking olmonies in relationship to my email note 7
Such monies were purportedly held by Pasternak as my funds. which they never were. Pasternak never
had a valid appointment order, and he never executed any judgment, since there never was any cntered,
effectual judgment to execute in the first place. Nevertheless, he engaged in conduct that must be deemed
of criminal nature - committing first forcible entry into my property, and then fraudulent conveyance of
title by tiling blatantly fraudulent grant deed, as certified by decorated FBI agent James Wedick'.
4) Docs Counsel ofthe Bank ofAmerica Corporation know and approve ofyourfraudulent conduct in your
recent actions, again oUlside any nonn ofdue process?
DigitallY signed by
Joseph Zernd.,
!l IJN cn=)oseph LernJk,
) . emall-=Jz12301S(5)earthl
nk.net, c=U5
Jate: 20081 124
06A63J
i::' "
Nov 24, 2008
All John Amberg
Att Jenna Moldawsky
Rryan Cave. LLP
Ilyemail
"Judge shall' bE! faithful to the law... ,-
Cal Code Jud EthIcs 38(2)
"The rule of law must never be confused tyranny of the courts"
ArJonymous
Time is of the essence, please respond by Monday, Nov 24, 2008, 5.:Q!)pm.
RE: I ,etter to Bank of Americ:a Corporation in RE: Jacqueline Connor and the corrupt justice system of
LA County.
A. Request for confirmation of lJank of America Corporation knowledge and approval of your continued
fraudulent conduct and the fraudulent conduct of Countrywide Legal Division in Samaan v Zernik
(SC087400)
B. Request for Bank of assistance in freeing those who were conlirmed innocent but framed in
the Rampart scandal.
Att Moldawsky, Att Amberg:
I am writing to infonn you of my letter to Bank of America corporation with the two tiJllowing requests:
A. Request for confirmation of Bank of America Corporation knowledge and :J pproval of the
continued fraudulent conduct of Attorneys John Amberg and Jenn;! Moldawsky (Bryan Cave,
LLP) as well as the continued fraudulent conduct of Countrywide Legal Division and Sandor
Samuels in purported State of California litigation Samaan v Zernik (SC087400)
l1ank of America Corporation is asked to indicate its knowledge and approval of your conduct. I need to be re-
assured exactly which entities you represent, and that such entities arc fully aware and aprrove of your continued
fraudulent conduct.
J) flease nuticc me ofthe exact date ofchange olcontrol, ilany, to Bank ofAmerica Curpuration. in what is
nominallv known as Sall/aan\' Zernik (SC087400J
2) Does Cuunsel ofthe Bank o(America Corporation know and approve eJyour participation, Jar a year
and a half, in abusive proceedings Ihat are nut part o/any recognizable State ufCalijornia litigation or
any other legitimate legal process:'
3) Docs ( 'oumel ofthe Bank ofAmerica Corporation know and appruve ofyourfraudulelll c<induel in the
recent taking olmonies in relationship to my email note?
Such monies were purportedly held by Pasternak as my funds, which they never were. I'asternak never
had a valid appointment order, and he never executed any judgment, since there never was any entered,
effectual judgment to execute in the first place. Nevertheless, he engaged in conduct that must be deemed
of criminal nature - committing first forcible entry into my property, and then fraudulent conveyance of
title by filing blatantly fraudulent grant deed, as certified by decorated FBI agent James Wedick
l
.
4) Does Counsel ofthe Bank ofAmerica Corporation know and approve ofyourfraudulent conduct in your
recent actions, again oUlside any nann ofdue process?
-37-
• Page 2/9 November 24. :2008
NOlle of your records were ever 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 fi
For the record - I again listed Angelo Mozilo and Sandor Samuels in the CC list of instant message, twic:e
each' Please provide verified statement from each that they received instant email note. or for that maller
any email note from me- eve!.. ..
5) f)oes ('ounse! ofthe Bank ofAmerica Corporation know and approve o/your continuedjrcludulent
standardl' relative 10 evidence routine/v/iled in court with 110 authentication, and clixCfiled as valid
evidence by the colludingjudges ofthe L1 Superior Court'
This category of course includes most ifnot all the records in Countrywide's subpoena productions in
what is nominally Samaan v Zernik (SC087400), where the representations as to who received which
record from whom, and when. are almost universally fraudulent. in violation of any "sound banking
principle" - mcl'isive Iraud on the U.S. government. on this court. and on me, on the people of California
and the liS
Obviously, such were standards of legal practice of Sandor Samuels and Countrywide. and they were
coordinated with and welcomed by Judge Connor. as part ofcoITuption of the LA courts by Countrywide.
Elsewhere around the country they were more critically received, as in Pennsylvania. January 2008. and
()allils Texas. March 2008 U.S. Judge Jeff 130hm opinion, previously served upon you.
Again. please contiml that Bank of American Corporation and its counsel know and approve of your
continues actions in Sarnaan v Zernik (SC087400) based entirely on traudulent subpoena productions.
produced by Sandor Samuels and the Legal Division he headed, five (5) times ill a row between summer
2006 and spring 2007. and including what must be deemed hundreds of predicated acts per RICO 18 USC
196 1-1968 . i I' each of these fraudulent records is to be counted separate ly.
6) [)oes ('oumel ofthe Bank ofAmerica Corporation know and approve o(yuur continued appearance in
court as "Non-Party" in the "non-litigation" ofSwnaan v Lernik . while court re,:ordl' give you Oile ora
dozen changing designations (Plaintifl De/endant, whatever is designaiion
I generously suggested in the past that you be designated "Judge" in farce, please Idllle know what
designation Bank of America Corporation and its Counsel consider to be your truthful designation here.
7) Docs Counsel ofthe Balik ofAmerica Corporation know and approve (faction:, conducted in court 011
their hehalfas a whole, or in part, in 1'1': sanctions wui OS(' re: Contempt and sandiof/S exceeding
$22,000, staring January 200,''{)
Ten')' Friedman, withoul any assignment order, and with no authority as a judge, alter disqualification.
dropped off his sleeve. at your request. a ruling that Connor's non-existent order was in full t(lrCe and
effect. ex post facto. Friedman also failed to register that ruling, yet he u,ed it later in February and March,
2008 in absurd rulings, for further abuse.
8) Does Counsel ofthe Bank ofAmerica Corporation know and approve ({your actions ill this non­
litigation on July 6, 2007 - the dark court gag order proceedings, recorded as "proceeding not
recorded"?
9) Does COWlSel ofthe Bank ofAmerica Corporation know and approve ofyour con/inued appearance
before Judge Connor ajier shefraudulently r.efused to accept disqualification for a on July 12,
2007?
• Page 2/9 November 24. :2008
NOlle of your records were ever 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)
For the record - I again listed Angelo Mozilo and Sandor Samuels in the CC list of instant message, twice
each' Please provide verified statement from each that they received instant emailnole. or for thalmatter
any email note from me- eveL..
5) f)oes ('uunsel ofthe Bank ofAmerica Corporation know a/ld approve o/your continued !rcludulent
standard\' relative 10 evidence routinelv/iled in court with /l() authentication, and c/ixL'/ucd as valid
evidence by the colllldingjudgcs ofthe L1 Sllpcrior Cour('
This category of course includes most ifnot all the records in ('ountl)'wide's subpoena productions in
what is nominally Samaan v Zernik (SC087400), where the representations as to who received which
record from whom, and \vhen, are almost universally fraudulent. in violation oLmy "sound banking
principle" - ll1Clssive Iraud on the U.S. government. on this coun. and 011 me. on the reorlc of California
and the tiS
Obviously, such were standards of legal practice of Sandor Samuels and Countrywide. and they
coordinated with and welcomed by Judge Connor. as pan of corruption of the LA courts hy Countt)'wide.
Elsewhere around the country they were more critically received, as in Pennsylvania. January 2008. and
()alliLs Texas, March 2008 U.s Judge Jeff l30hm opinion, previously served upon you.
Again. please confinll that Bank of American Corporation and its counsel know and approve of your
continues actions in Samaan v Zernik (SC087400) based entirely on traudulent subpoena productions.
produced by Sandor Samuels and the Legal Division he headed, five (5) times ill a row netween summer
2006 and spring 2007, and including what must be deemed hundreds of predicated acts per RICO 18 USC
. if each of these Iraudulent records is to be counted separate ly.
6) [)ocs ('oumel ofthe Bilnk ujAmerica Corporation know and approve o(yuur continued "P/JCilIW/c'C in
court as "Non-Party" in the "non-litigation" o/Swnaan v 'Lernik . while court re,:ord\' givc you onc uja
dozen dwngin[; d<!siglliltions (Plaintifl D<!jendant, whatever is designa/ion
I generously suggested in the past that you be designated "Judge" in farce, please Iclme know what
designation Bank of America Corporation and its Counsel consider to be your truthful designation here.
/) Does Counsel ofthe Bank ofAmerica Corporation know and approve (faction:, conducted in emil'! (III
their hehalfas a whole, or in part, in 1'1'. sanctions mui OS( , re: Contempt anJ sandio/lS cxceeding
$22,000, staring January 200'<';:>
Ten) I:riedman, withoul any assignment order, and with no authority a'; ajudge, aller disqualification.
dropped off his sleeve, at your request. a ruling that Connor's non-e:-<istent order was in full t(.lrce and
enect. ex post facto. Friedman also failed to register that ruling, yet he u'ied it later in February and March,
2008 in absurd rulings, for further abuse.
8) Does Counsel ofthe Bank ofAmerica Corporation know and approve ({vour actions in this non-
litigation on July 6, 2007 - the dark court gag order proceedings, recorded as "proceeding not
recorded"?
9) Does COWlSel ofthe Bank ofAmerica Corporation know and approve ofyour continued appearance
befure Judge Connur ajier shefraudulently r.efused to accept disqualification for a on July 12,
2007?
-38-
• Page 3/9 November 24, <'008
10) Does Counsel oJthe Bank a/America Corporation kno\\' and approve o/vour .lull' 23, 2007 offthe
records proceeding, where you provided moving papers a/ier opposition deadline, and where Judge
Connor recorded your proposed orders "Denied", yet you claimed later onthat.\IIch order was issuectJ
I I ) Does ('ounsel o/Ihe Bank a/America Corporation know and approve ojthe wrongful appearance oj
Jenna Aloldawsky in Summary Judgment hearing Aug 9, 2007, a proceeding/idly based on/i'audulent
('ollntrvwide ji'aud on the court and one me by Judge Connor, Att Keslwvarzi, ('ollntr)·wide,
,'jalllilels, Il!ozi/o, dnd Blyan Cave, LLp?
1 Does Counsel o(the Bank o/America COIporation kllow and approve Judge ( 'Olll'lor's jraudulelll ,<';cpt II,
l007 lIIinute order, lata ihan her second disqualification/hI' a back-dated to Sept i 0, 2007,
recording a jictitiou, hearing that had never been heard in reality, and a jictitiou, ruling that had never
ruled in reality - that there was no/t'aud in Countrywide's subpoena recordl'/
13) f)oes ( 'ounsel 0/the Bank o/America ( 'orporation know and approve oj the/act that Sheppard kfullin
and Keshavarzi go on submitting again and again the two key fraudulent record'liml/ Countlywide's
/t'audulent subpoena productions, which wert' the only purportedjiJUndation oj'this /i.lbricated liligation')
a, The invalid fraudulent 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 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 tt)r
explanation. And in that subpoena too, it never appeared as an under\vriting letter li'om 2004. per
se. It only appeared as part of the Nov 3-6, 2006 Keshavar;:i/L1oyd/McLaurin correspondcnce.
which I dcem procurement of perjury.
Yet Keshavar/i repeatedly filed it in court, deliberately misrepresenting it as an authentic Oct 14,
2004 underwriting letter, without any authentication (like all other records), even at1er the change
of control ol'Couliltrywide to 8ank of America Corporation. Nationally acclaimcd fraud expert
Robert Meister conllrmed the fraud in that misrepresentation
3
b. The fraudulent real property contract document
4
In open court Keshavarn admitted by now a
couple of times that this record, was not what he had previously deliberately misrepresented it to
be. Countrywide deliberately misrepresented it in McLaurin's fraudulent declarations as well.
That record was never faxed from Parks to Countrywide on Oct 25, 2004, at 5:03pm - a central
claim in the fraudulent fabrication that was the whole basis for th,: summary judgment. Instead,
on October 25, 5:03pm, it was faxed from Samaan, in Los Angeles, to Lloyd, in Los Angeles, as
part ol'the massive Countrywide fax/wire l'raLld scheme. This l'raudulent was tiled again
for a "hearing" on November 21, 2008, and you were noticed of it too.
14) Docs ('ol/nsel ojthe Bank ofAmerica Corporation know and approve 0/ the j'axJ\\irc jral/d and agree to
your cOl/tinued participation in this purported legal action based on such frau(f:J
Practically all records in the Samaan's Countrywide loan file that appear as fax transmissions from Parks
are part of this faxJwire fraud. In and of themselves federal offenses, and predicated acts per RICO as
well.
15) Does Counsel ofthe Bank ojAmerica Corporation know and approve 0/ the fraudulent Samaal/ IU<.l1/
appliCalions and undenvriting records and undefWriting history as produced by Countrywide Legal
Division, led by Sandor Samuels, and as fraudulently misrepresented by Maria McLaurin in her
declarations?
Specifically:
• Page 3/9 November 24, <'008
10) Does Counsel oJthe Bank a/America Corporation kno\\' and approve o/\'our .luI\' 23. 2007 offthe
records proceeding, where you provided moving papers a/ier opposition deadline, Lind where Judge
('annal' recorded your proposed orders "Denied", yet you claimed later onthat.\IIch order was issuectJ
I I ) Does ('ounsd o/Ihe Bank a/America Corporation know and Llpprove oj the wrongjul afJI1carance of
Jemw Aloldawsky in Summary Judgment hearing Aug 9, 2007, a proceedingjidly based onji'audulent
('ollntrvwide Faud on the court and one me by Judge ( 'onnor, Att Keshavarzi, ('ollntr)·wide,
,')"111 lie1.1', Il{ozilo, and Blyan Cave. LLp?
1::) Docs Counsel o(the Bank o/America COIporation kllow and approve Judge ( '0111'101",1' fraudulelll ,.....ept II,
l007 lIIinute order, lata lhan her second disqualification/hI' a back-dated to Sept i 0, 2007.
recording a jictitiou, hearing that had never been heard in reality, and a jictitiou, ruling that had Ih')'a
ruled in reality - that there was noJi'aud in Countrywide's subpoena recordl')
11) f)oes ( 'ounsel 0/the Bank o/Amaica ( 'orp'iration know and approve of the/act that Sheppard kfullin
and Keshavarzi go on submitting again and again the t1l'0 keyjraudulent record'liml/ Countlywide's
Ji'audulent subpoena productions, which wert' the only purportedfiJUndation olthis /ilbricatec! !zligatiOlI')
a. The invalid 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 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
explanation. And in that subpoena too, it never appeared as an uIH.ier\vriting letter from 200,l. per
se. It only appeared as part of the Nov 3-6, 2006 Keshavar;:i/L1oyd/McL<lurin correspondcnce.
which I deem procuremcnt of perjury.
Yet Keshavar/i repeatedly filed it in court, deliberately misrepresenting it as an authentic Oct 14,
2004 underwriting letter, without any authentication (like all other records), even at1er the change
of control ol'Couliltrywidc to 8ank of America Corporation. Nati'Jnally acclaimcd fraud expert
Robert Meister contlrmed the fraud in that misrepresentation
3
b. The fraudulent real property contract document
4
In open court Keshavarn admitted by now a
couple of times that this record, was not what he had previously deliberately misrepresented it to
be. Countrywide deliberately misrepresented it in McLaurin's fraudulent declarations as well.
That record was never faxed from Parks to Countrywide on Oct 2004, at 5:03pm - a central
claim in the fraudulent fabrication that was the whole basis for th,: summary judgment. Instead,
on October 25, 5:03pm, it was faxed from Samaan, in Los Angeles, to Lloyd, in Los Angeles, as
part of the massive Countrywide fax/wire Irmld scheme. This lraudulent was tiled again
for a "hearing" on November 21,2008, and you were noticed of it too.
14) Docs ('ollnsel ofthe Bank o/America Corporation know and approve of the faxJ\\irc ;rallc! and agree to
your cO/ltinued partieiput/on in this purported legal action based on sueh frau(f:J
Practically all records in the Samaan's Countrywide loan file that appear as fax transmissions from Parb
are part of this faxJwire fraud. In and of themselves federal offenses, and predicated acts per RICO as
well.
15) Does Counsel 0/the Bank ofAmerica Corporation know and approve 0/ the fraudulent Samaan loall
appliCalions and undenvriting records and undefWriting history as produced by Countrywide Legal
Division, led by Sandor Samuels, and as fraudulently misrepresented by Maria McLaurin in ha
declarations?
Specifically:
-39-
• Page 4/9 November 24 2008
a. Double "dale received" slamps: Samaan's Loan Applications bear double "Date Received"
stamps5, and fraudulent claims were made by Keshavarzi and Countrywide that the loan
applications were first received only
on Oct 12,2004. while fai ling to provide any explanation whatsoever for the second, earlier.
defaced Date Received stamps. The data shows that by Ocl 6, 2004 Diane Frazier already
detected and recorded the fraud in Samaan's loan applications employment data. That of course
would be impossible, unless she used some ofSamaan's psychic devises in the rracticc of
underwriting.
Diane Frazier also confinned that fact to me in a phone call in March 2007 - that the loan
aPrlications received first in the first week of October. and only after she recorded the fraud
(and failure to list closing costs, and failure to file a copy of the contract)., and demanded new loan
applications, McLaurin, to spite Frazier, defaced the old Date Received sl<unps. and ran the old
applications a second time through Countrywide's imaging system, ,LS iflhey were new loan
applications. McLaurin then had the second, later stamps "received October 12.2004". added to
these fraudulent records.
h. Fwjll'in: li'awl Samaan's loan application file, as produced by Countrywidc's legal Division,
included records that bear anonymous fax header imprints, with false date notations,
misrepresented as if they were the dates such records were received in Countrywide from Parks.
In ract they are all fax transmissions between Samaan and Lloyd, as part ortlle fraud.
In fact, there is no data in the loan application files that allows dating the an'ival of such records at
('ountrywide at all, and for that matter - the route of arrival, which most Iltkely was as PDF
attachments to emai Is correspondence from Lloyd to McLaurin.
c. Omission o(email correspondence ji-om suhpoena produc'tiofL\·. Countrywide fraudulently refuscd
to produce the email correspondence pertaining to these loan applications, and inserted instead a
blank paper forms titled "Con'espondence Log, San Rafael Branch". Maria McLaurin in a phone
call in December 2006 explained to me that it was done since the Legal Division, headed by
Sandor Samuels. detennined that email correspondence was not subject to subpoena productions.
Di,lI1e Frazier stated that such f(lrms "Correspondence Log, San Rafael Branch" had never been
used in San Rafael at least as rar back as 1989, her first year or employment ill ('ountrywide, or 17
years prior to the date of the subpoenas. Therefore, the producti'Jn of such records was a
deliberate false and misleading production of legallbanking records.
The reason the Legal Department exempted such emails rrom tile production, was of course that
the records represented as arriving by fax, in fact arrived by email from Lloyd to Mel.aurin at a
much later date than shown in the fi Ie. For example, the real property contract record, blscly
represented as coming from Parks to Countrywide by on OCT 25, 2004, W,LS never part of the
loan file at least as late as Nov 3, 2004, as can be clearly detennined from the official underwriting
letters in the same loan file.
16) Does Counsel ojlhe Bank ojA.merica Corporalion know and approve ofIhe fraudulent Samoan loan
applications lIIIdeDvriting hiSlOry mjabricaled by Counlrywide Legal Division, Sandor Samuels. jlvlorio
McLaurin, Mohammad Keshavarzi, John Amberg, and Jenna Moldawsky?
While the fraudulent contract record was never part orthe loan file as laire as Nov 3, 2004, Countrywide,
through McLaurin's fraudulent declarations, supported Samaan's fraudulent claims, fabricated in the 3­
way correspondence of November 3-6, 2006 between Keshavarzi, McLaurin, and Uoyd
6
Such
fabrications were the foundation of this whole farce of litigation in the State of Cal ifomia justice system.
Here are some of the facts and fraudulent c1aims­
• Page 4/9 November 24 2008
a. Double "du/e IT('eil'ed" s/ml/ps: Samaan's Loan Applications bear double "[)ate Received"
stamps5, and fraudulent claims were made by Keshavarzi and Countrywide that the loan
applications were first received only
on Oct \2.2004. while fai ling to provide any explanation whatsoever for the second. earlier.
delaced [)ate Received stamps. The data shows that by Oct 6, 2004 Diane Frazier already
detected and recorded the fraud in Samaan's loan applications employment data. That of course
would be imposoible, unless she used some ofSamaan's psychic devises in the practice of
underwriting.
Diane Frazier abo confinned that fact to me in a phone call in March 2007 - that the loan
applications received first ill the first week of October. and only after she the fraud
(and failure to list closing costs, and failure to file a copy of the contract)., and demanded new loan
applications, McLaurin, to spite defaced the old Date Received st<lInps. and ran the old
applications a second time through Countrywide's imaging system. ,LS iflhey were new loan
applications. McLaurin then had the second, later stamps "received Octoher 12, .2004". added to
these fraudulent records.
b. Fw:/ll'ire li'uwl Samaan's loan application file, as produced by Countrywide'..; leg:!1 Division.
included records that bear anonymous fax header imprints, with false date notations.
misrepresented as if they were the dates such records were received in Countrywide from Parks.
In fact they are all fax transmissions between Samaan and Lloyd, as part of the fraud.
In fact. there is no data in the loan application files that allows dating the alTival of such records at
Countrywide at all, and for that matter - the route of arrival, which most IlJkely was as PDI·
attachments to cl1lails correspondence from Lloyd to McLaurin.
c. Omission o/email corres(Jondence fi-om subpoena nrodlldio!L\·. Countrywide fraudulently rdused
to produce the email correspondence pertaining to these loan applications. and inserted instead a
blank paper forms titled "Con'espondence Log, San Rafael Branch". Maria McLaurin in a phone
call in December 2006 exrlained to me that it was done since the Legal Division, headed by
Sandor Samuels. detennincd that email correspondence was not subject to subpol'na productions.
Di,lI1e Frazier stated that such forms "Correspondence Log, San Rafael Branch" had never been
used in San Rafael at least as far back as 1989, her first year of employment in ('ountrywidc, or 17
years prior to the date of the subpoenas. Theretore, the production of such records was a
deliberate false and misleading production of legallbanking records.
The reason the Legal Department exempted such emails from the product ion, W,\:, of course that
the records represented as arriving by fax, in arrived by email from Lloyd to Mcl.aurin at a
much later date than shown in the fi Ie. For example, the real property contract record, blsely
represented as coming from Parks to Countrywide by on OCT 25. 2004, W,lS never part of the
loan tile at least as late as Nov 3, 2004, as can be clearly determined from the official underwritinf!
letters in the same loan file.
16) Does Counsel oj/he Bank cjA.merica Corpora/ion know and approve of/he fralldulen/ Sall1uan !O<lll
applications undern'ritilJg his/or),' mjabrica/ed by Coun/rywide Legal Division, SUI/dol' ,"'ullll/ds. A/anu
McLaurin, Mohammad l{es!luvarzi, John Amberg, andJenna Moldawsky?
While the fraudulent COli tract record was never part of the loan file as la1[e as Nov 3, 2004, Coulltrywide,
through McLaurin's fraudulent declarations, supported Samaan's fraudulent claims, fabricated in the 3-
way correspondence of November 3-6, 2006 between Keshavarzi, McLaurin, and L1oyd"- Such
fabrications were the foundation of this whole farce of litigation in the State of Cal ifomia justice system.
Here are some of the filets and fraudulent claims -
-40-
• Page 5/9 NOVE'mber 24, 2008
a. The real property contract was fully executed by Joseph Zemik on Sept 15,2004, and its full
execution was acknowledged by Nivie Salnaan on Sept 16,2004 - true da,im.
b. Samaan's loan applications arrived for the first 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 Ralael only on Oct 12.
2004 - fraudulent claim.
d. Such loan applications included a copy of the real property contract - fraudulent claim.
e. The reason Samaan refused to submit a copy of the contract for Frazier's review was that Samaan
included in the contract provision for counting the commission as part of the downpaymenl. Such
provision would have caused denial of Samaan's loan applications in and of itself - true claim.
r Samaan's loan applications were suspended on Oct 14,2004 - true claim,
g. Samaan's loan applications were suspended merely two days aller their tirst arrival in
Countrywide - fraudulent claim.
h. The reason fill' such summary suspension was that the underwriter, Diane Fra£.ier deemed the real
property contract not "fully executed" - fraudulent claim.
I. The real property contract was deemed not "fully executed", ii' a result of missing veritication by
Joseph Zernik on the initial oflcr- fraudulent claim.
.J. The meaning of the condition set by Diane Frazier in the October 14, 2004 Underwriting Letter
demanding fully executed real property contract, and refusing to accept escrow letter as a
substitute was that she asked tor additional verification by Zemik of the real propcrty contract ­
fraudulent claim.
k, The mcaning oftlllC condition set by Diane Frazier in the October 14,2004 Undenvriting Letter
demanding fully 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
escrow lellers - true claim.
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 pill Irom Parks to
Countrywide San Rafael - fraudulent claim.
m. Immediately upon arrival of that tax trom Parks on October 25, 2004, Samaan's loan appl ications
were approved by Countrywide underwriter- fraudulent claim.
n. On October 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- true claim.
o. On October 25, 2004, Maria McLaurin had appraisal review ordered - trut· claim.
p. On October 25,2004, Maria McLaurin completed Branch Input, [xccption request and tllr\vardcd
it to Demetrio Gadi, Corporate Underwriting Support - true claim.
q. In her Branch Input, Maria McLaurin fraudulently listed Samaans income at $4,000,000 per year
- true claim,
r. In her Branch Input, Maria McLaurin failed to include Clues analysis report- true claim.
s. Maria McLaurin was not authorized to file such a Branch Input, il should have been filed by an
authorized underwriter - true claim.
• Page 5/9 NOVE'mber 24, 2008
a. The real property contract was fully executed by Joseph Zemik on Sept 15, 2004, and its full
execution \vas acknowledged by Nivie Salnaan on Sept 16,2004 - true <:Ia,im.
b. Samaan's loan applications arrived for the 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 R a ~ a e l only on Oct 12.
2004 - fraudulent claim.
d. Such loan applications included a copy of the real property contract - fraudulent claim.
e. The reason Samaan refused to submit a copy of the contract for Frazier's review was that Samaan
included in the contract provision for counting the commission as part of the down payment. Suell
provision would have caused denial of Samaan's loan applications in and of itself - true claim.
r Samaan's loan applications were suspended on Oct 14.2004 - true claim,
g. Samaan's loan applications were suspended merely two days ancr their tlrst arrival in
Countrywide - fraudulent claim.
h. The reason fill' such summary suspension was that the underwriter. Diane /·ra£.icr deemed the real
property contract not "fully executed" - fraudulent claim.
I. The real property contract was deemed not "fully executed", as a result or miYiing veritlcation by
Joseph /'ernik on the initial oflcr- fraudulent claim.
.J. The meaning of the condition set by Diane Frazier in the October 14, 2004 Underwriting Letter
dell1<Ulding tiJlIy executed real property contract, and reliJsing to accept escrow letter as a
substitute was that she asked tor additional verification by Zemik of the l'I:al property contract
fraudulent claim.
1-:. The mC<Jning of the condition set by Diane Frazier in the October 14, 2004 lJndenvriting Letter
defll<mding fully aecuted real property contract, and reti.lsing to accept escrow letter ,LS a
substilute was that Samaan refused to submit a copy of the contract, and submitted instead invalid
escrow letters - true claim.
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 from Parks to
COllntrywide San Rafael - fraudulent claim.
nL [mmediately upon arrival of that tax from Parks on October 25,2004, Sama;m's loan applications
were approved by Countrywide underwriter- fraudulent claim.
n. On October 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 claim.
o. On October 25, 2004, Maria McLaurin had appraisal review ordered - true claim.
p. On October 25,2004, Maria McLaurin completed Branch Input, [xception (equest and tiJr\varded
it to Demetrio Gadi, Corporate Underwriting Support - true claim.
q. In her Branch Input, Maria McLaurin fraudulently listed Samaans incoll\l:' at $4,00(1,000 pCI' year
- true claim.
r. [n her Branch Input, Maria McLaurin failed to include Clues analysis report- true claim.
s. Maria McLaurin was not authorized to file such a Branch Input, il should have been filed by an
authorized underwriter - true claim.
-41-
• Page 6/9 November 24, 2008
t. Demetrio Gadi' response arrived only on October 29,2004 - true claim,
u. In his response Gadi explicitly stated it did not constitute approval - true claim.
v. In his response Gadi demanded that Samaan's loan application be approved only alkr a valid
Clues analysis report was generated - true claim.
w. In his response Gadi demanded that Samaan's loan applications be approved only after
underwriting review by an authorized Branch Underwriter, not by McLuarin - truc claim.
x. Closing in the real property contract was stipulated for Novcmber 1,2004 - truc claim,
y. Appraisal review results arrived only on November 3, 2004 - true claim,
7. In underwriting letter issued by McLaurin on November 3,2004, the real estate contract. as well
as other conditions, were still listed as unsatisfied - truc claim.
aa. In the underwriting letter isslled by McLaurin on November 3, 2004, Broker Certitication of
Records was still listed as unsatisfied - true claim.
bb. The Nov 3, 2004 Underwriting Letter was issued by McLaurin, not by a llranch I Jnderwriter, in
defiance of Gadi's instructions - true claim.
cc. There is no indication in the loan tile that Broker Certification of Records WiLS ever obtained ­
true claim
dd. True Broker Certitlcation of Records could never be obtained, since Parb., listed as the Broker on
these loan applications, had nothing to do with this loan, as admitled by Samaan in her July 2006
deposition. lie had never signed the loan applications, and never approved the records t(lrwarded
by Samaan to Countrywide via the fraud scheme in his name - true claim.
ee. In January 200/) McLaurin forwarded Samaan's Loan Application I()r funding by Counllywide
lkmk - true claim.
ff In January 2006 Countrywide Bank summarily denied funding of Samaan's loan applications­
truc claim.
17) noes Cowm.:1 ojtht' Balik ofAmerica ('orporatioll know and approve olrht'frawlulellt c:!aims b)'
('ountl:vwiJe ill 200()/7 - that there were no imuging, security. internal 111ldit. external audit. regulatory,
or an)' uther reports relative to Samaan'sfraudulent loan applications?
18) noes Counsel oftht' Rank ofAmerica Corporation know and approve ojrhe death threat against me in
A/arch 2007, by a person who represented himsell doing it on ('ountrHI'ide's hehcllj. to intill/ulate me
from further communicatIOns with Diane Fr(J2ier?
19) Docs ('ounsel of/he Bank ofAmerica ('orporation know and approve of( 'ountrywide's handlillg ojDianc
Fi'(J2ier's disappearance ill A·[arch 2007, to avoid heing served suhpoenafor depositioll'
By phone Diane Frazier was willtully cooperative and helpful, albeit intimidated, repeatedly warning me
that I had no clue who 1was dealing with. A tew days later, a person representing himselfas Mr Levine
answered the door, and he claimed that she had moved. But when I called her la51 week, she 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 ofCountrywide 's handling of
Zernik's complaints to hanking regulators. and are theyjamiliar with the ofsuch complaints,
which is likely to he seen as dishonest?
• Page 6/9 November 24, 2008
t. Dcmetrio Qadi' response arrived only on October 29,2004 - true claim,
u. In his response Qadi explicitly stated it did not constitute approval- true claim.
v. In his response Gadi demanded that Samaan's loan a[1plication be approved only alkr a valid
Clues analysis report was generated - true claim.
w. In his response Gadi demanded that Samaan's loan a[1plications he approved only aftcr
underwriting review by an authorized Branch Underwriter. not by McLuarin - true claim,
x. Closing in the real propcrty contract was stipulated for November 1,2004 - true claim,
y. Appraisal review results arrived only on November 3, 2004 - true claim.
1. In underwriting letter issued by McLaurin on November 3,2004, the real estate contract. as well
as other conditions, were stililistecl as unsatisfied - true claim.
aa. In the under\\riting lettcr issued by McLaurin on NovembL'r 3, 2004, llroker Certilication of
Records was sti II listed as unsatisfied - true claim.
bb. The Nov 3, 2004 Underwriting Letter was issued by McLaurin, not by a lIranch I Jnderwriter, in
deflilnce ofCiadi's instructions - true claim.
ce. There is no indication in the loan tile thilt Broker Certification of Records WiLS ever obtained -
true claim
dcl. True Broker Certillcation of Records could never be obtained, sincc Parb., listed as the Broker on
these loan applications. had nothing to do with this loan, as admitled by Samaan in her July 2006
deposition. lIe had never signed the loan applications, and never approved the records Il)f'wardell
by Salnaan to Countrywide via the fraud scheme in his name - true claim.
ee. In January 200il McLaurin lurwardcd Samaan's Loan Application I()r funding by Counllywide
BiUlk - true claim.
ff In January 2006 Countrywide Bank summarily denied funding of Samaan's loan applications -
true claim.
J7) noes Cowm.:1 ojtht' Bank ofAmaica ('orporation know and approve olfl1<'frawlulent claims by
( 'ountl:vwide ill 200()/7 - that there were no imaging, security. internal (lIldit. extemal audit. regulatllr)'.
or any uther reports relative to Samaan'sfraudu{ent loan applications?
noes Counsel oftht' Rank ofAmerica Corporation know and approve ojfhe death threat against IIU' in
A/arch 2007, by a person who represented himsell doing it on ('OUlllf1,wide's hehell}. to intilllulate me
from further communicatIOns with Diane Fr02ier?
19) Does ('()Unsel of/he Bank ofAmericu ('orpora/ion know und upprovr.: ole 'oun/rywide 's hundling ojDiane
F'r02ier',\ disappearance ill !v[arch 2007, to avoid heing served suhpoenali)r depositll)II'
By phone Diane Frazier was willtully cooperative and helpful, albeit intimidated. repeatedly warning me
that I had no clue who 1was dealing with. A lew days later, a person representing himselfas Mr Levine
answered the door, and he claimed that she had moved. But when I called her las1 week, she 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 ofCountrywide '.I' handling of
Zemik's complaints 10 banking regulalors. and are Iheyfamiliar with the ofsuch complaints,
which is likely to be seen as dishonest?
-42-
• Page 7/9 November 24. 2008
a In January, and later in March 2007 Zemik filed complaints against Countrywide Hank with
Oftiee ofThritt Supervision, case #0507312007.
b. By April 16,2007 thc invcstigation of Countrywide Bank was complete.
c. Countrywide Hank was cleared of wrongdoing since it claimed that it would never have funded
Samaan's loan applications.
d. Findings of Oftice of Thrift Supervision prompted that otTice to :iubmit its own complaint against
Countrywide Ilome Loans relative to Samaan's loan application·) to Office of Trade Commission.
e. The initial letter sent to Zernik by Thritt Supervision on 4/16/07 reflected the true outcome of the
investigation - that Countrywide Bank was cleared of wrongdoing by claiming that it would never
have funded the Samaan's loans. Due to either true or deliberate error Zernik was listed instead of
Samaall as the loan appl icant.
f When Zcmik requested that the lettcr be corrected. a fraudulent letter wa:, issued by Olliee of
Thrift Supervision. purporting to report the results of "further inquiry".
g. The true fact of the matter is that Countrywide cOllsolidated regulation undcT ()ffic'C of Federal
Trade Commission by March 2007, therefore there was no further in ()fjicc ofThrif1
Supervision.
h. In June/July 2007 the Office of Federal Trade Commission provided 7ernik with talse and
misleading responses to requests for information regarding the outcome of the investigation of his
complaint against Countrywide Home Loans.
I. Belinda Carter, (>nice of Federal Trade Commission first provid,:d Zemik misleading information
that the complaint was f()I'\varded to the Federal Reserve for the investigation of Countrywide
Ilol11e Loans. Inc.
J. l·'ederal Reserve never had any supervisory/regulatory authority relative to Coulltrywide Ilome
Loans, such authority with Ottice of Federal Trade Commission.
k. In response to FIOI\, Ot1ice ofl"rade Commission generated records that were especially edited
(not redacted) and were not true copies of the records.
\. Office of the Inspector General of the OfTice of Federal Trade Commission was supposedly
running an investigation into the adulterated records provided as FfOA response. But a year later,
no resulLs of the investigation into the adulterated records provided as respollse to FIOI\ was
received.
Samaan v Lernik and Judge Jacqueline Connur
None of what took place in this purported State of Cali fomi a Superior Court litigation could have transpired, had
it non been for Judge Jacqueline Connor's corrupt conduct in this case. The fraudulent claims tahricated by
McLaurin, Keshavarzi, and !.loyd, could never fly by any reasonable person. They simply defied logic, they
contradicted the records in this C;Lse. The fraudulent claims had no support in any records fi'om 2004 and werc
entirely based on the fraudulent declarations by McLaurin, Parks, Keshavarzi, and Samaan, and misrepresentation
offraudulent Countrywide records. But the misrepresented Countrywide records were never authenticated. A
judge did not need to be a rocket scientist to avoid the fraud in the court room se,:n in this case. A judge simply
had to reasonably follow the evidence code.
That Judge Connor was deliberately engaged in fraud against Zemik in this case, in collusion with Keshavarzi and
Counrtywide, is evident in numerous ways. The easiest way to demonstrate the collusion in fraud with
Keshavarzi is to review the fraud in extracting sanctions monies from Zemik in April-July 2007, when Connor
• Page 7/9 November 24 2008
a In January, and later in March 2007 Zemik filed complaints against Countrywide Hank with
Oftiee ofThritt Supervision, case #0507312007.
b. By April 16,2007 thc invcstigation of Countrywide Bank was complete.
c. Countrywide Uank was cleared of wrongdoing since it claimed that it would never have funded
Samaan's loan applications.
d. Findings of Oftice of Thrift Supervision prompted that otTice to :;ubmit its own comrlaint against
Countrywide Ilome Loans relative to Sarnaan's loan arplication'; to Office of Trade Commission.
e. The initial letter sent to Zernik by Thrit1 Supervision on 4/16/07 rellected the true outcome 01' the
investigation - that Countrywide Bank was cleared of wrongdoing by claiming that it would never
have funded the Samaan's loans. Due to either true or deliberate error Zernik was listed instead of
Samaall as the loan applicant.
f When Zcmik requested that the lettcr be corrected. a fraudulenlletler wa:, issued by Ollice of
Thrift Supervision, purporting to report the results of "further inquiry",
g. The true fact of the matter is that Countrywide consolidated regulation undcT (lffic'C of Federal
Trade Commission by March 2007, thereforc there was no further in Onicc ofThrif1
Supervision.
h. In Junc/July 2007 the Oflice of Federal Trade Commission provided 7ernik with talse and
misleading responses to requests for information regarding the outcome oCthe investigation of his
complaint against Countrywide Home Loans.
I. Belinda Carter. (>nice of Federal Trade Commission first provid,:d Zemik misleading information
that the complaint was f()I'\varded to the Federal Reserve for the investigation of Countrywide
Ilol11e Loans, Inc.
I. l:ederal Reserve never had any supervisory/regulatory authority "clative to Countrywide Ilollle
Loans, such authority with Office of Federal Trade Commission.
k. In response to FIOA, Ot1ice of Trade Commission generated records that were especially edited
(not redacted) and were not true copies of the records.
I. Office of the Inspector General orthe Office of Federal Trade Commission was supposedly
running an investigation into the adulterated records provided as FfOA response But a year later,
no resulLs of the investigation into the adulterated records provided as respollse to FIOA was
received.
Samaan v Ll'rnik and Judge JanlJll!-lil1l' Connur
None of what took place in this purported State of Cali fomi a Superior Court litigation could have transpired, had
it non been for Judge Jacqueline Connor's corrupt conduct in this case. The fraudulent claims tahricated by
McLaurin, Keshavarzi, and I,loyd, could never fly by any reasonable person. They simply delied logic, they
contradicted the records in this C<Lse. The fraudulent claims had no support in any records fi'om 2004 and werc
entirely based on the fraudulent declarations by McLaurin. Parks, Keshavarl.i, and Samaan, and misrepresentation
offraudulent Countrywide records. But the misrepresented Countrywide records were never authenticated. A
judge did not need to be a rocket scientist to avoid the fraud in the court room in this case. Ajudge simply
had to reasonably follow the evidence code.
That Judge Connor was deliberately engaged in fraud against Zemik in this case, in collusion with Keshavarzi and
Counrtywide, is evident in numerous ways. The easiest way to demonstrate the collusion in fraud with
Keshavarzi is to review the fraud in extracting sanctions monies from Zemik in April-July 2007, when Connor
-43-
• Page 8/9 November 24, 2008
claimed in open court that she would sign an order for 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, fraudulent minute order of Sept 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,
.fudge Connor's corrupt conduct as described above should not come as surprise to anybody. Similar conduct has
been described in the criminal courts, relative to the conviction and long prison knns of Irlnocent people in
collusion with corrupt police who frame such people.
Judge Jacqueline Connor is one of the judges notorious for participating in the framing or-estimated thousands 01'
people in what came to be known as the Rampan scandal. It is now I() years after the scandal was lirst exposed.
and some t'our or five commissions investigated the matter. And yet, nobody has a good estimate of the number ot'
people that were sentenced by suchjudges to long prison terms based on lalse testimonies by corrupt police.
.fudge Connor is probably best known for derailing the Rampart Trial of 2000, by reversing .fury conviction ot' 3
out of 4 corrupt police. Iler conduct was the clear sign that the judiciary would not allow true investigation and
resolution of the causes of the Rampart scandal.
Even the prisoners that were conlirmed as innocent but framed in these investigation have never been /i'eed,
except for a small group, of less than 200. The latest report -- Blue Ribbon Review Panel 2006 rep0l1 estimates
that thousands of innocent people are still falsely imprisoned, and it provides eVidence that police, prosecutors,
and judges, prevent their release from prison.
Moreover, careful analysis of Samaan v Zernik, of the failure to free those who were innocent but framed, and the
dysfunctional office of Overseer per the Consent Decree (2:2000cv I 1769) has once central key leature -- the
denial or access to public records that arc the books of court by the LA Superior Court. That denial or access is
key feature of the corruption of the justice system in LA County, and it has been going on for over a quar1er
century.
In the past year I have made requests regarding the opening of the public records of LA County Superior Court,
which arc likely to lead to the immediate release of those falsely imprisoned. With assistance from U.S.
Congress, I received responses, which I deem inadequate from Mr Kenneth Melson, Director, U.S. of
Justice, and Mr Kenneth Kaiser, Assistant Director, FBI.
Any U.S. citizen should assume it hislher duty to stop the abuse of the Bill of Rights of9.5 million people who
live in LA County, the most populous in the U.S, by the Superior Court.
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." <[email protected]>, [email protected],
angelo_mozi [email protected], [email protected], mozi 10 _
• Page 8/9 November 24, 2008
claimed in open court that she would sign an order for 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. fraudulent minute order of Sept 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.
.fudge Connor's corrupt conduct as described above should not come as surprise to anybody. Similar conduct has
bccn described in the criminal courts. relative to the conviction and long prison knns of Irlnocent people in
collusion with corrupt police who frame such people.
Judge Jacqueline Connor is one of the judges notorious for participating in the framing or-estimated thousands 01'
people in what came to be known as the Rampan scandal. It is now I() years after the scandal was lirst exposed.
and some t'our or five commissions investigated the matter. And yet. nobody has a good estimate of the number ot'
people that were sentenced by suchjudges to long prison terms based on lalse testimonies by corrupt police.
.fudge Connor is probably best known lor derailing the Rampart Trial of 2000, by reversing .fury conviction ot' 3
out of 4 corrupt police. Iler conduct was the clear sign that the judiciary would not allow true investigation and
resolution of the causes of the Rampart scandal.
Even the prisoners that were conlirmed as innocent but framed in these investigation have never been /i'eed,
except for a small group, of less than 200. The latest report -- Blue Ribbon Review Panel 2006 rep0l1 estimates
that thousands of innocent people are still falsely imprisoned. and it provides eVidence that police. prosecutors,
and judges, prevent their release from prison.
Moreover, careful analysis of Samaan v Zernik, of the failure to free those who were innocent but framed. and the
dysfunctional office of Overseer per the Consent Decree (2:2000cv I 1769) has once central key leature -- the
denial or access to public records that are the books of court by the LA Superior Court. That denial or access is
key feature of the corruption of the justice system in LA County, and it has been going on for over a quar1er
century.
In the past year I have made requests regarding the opening of the public records or LA County Superior Court.
which arc likely to lead to the immediate release of those falsely imprisoned. With assistance from U.S.
Congress, I received responses, which I deem inadequate from Mr Kenneth Melson, Director, U.S. of
Justice, and Mr Kenneth Kaiser. Assistant Director. FBI.
Any U.S. citizen should assume it hislher duty to stop the abuse of the Bill of Rights 01'9.5 million people who
live in LA County. the most populous in the U.S. by the Superior Court.
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." <[email protected]>, [email protected],
angelo_mozi [email protected], [email protected], mozi 10 _
-44-
• Page 9/9 November 24, 2008
CC: By certilled mail with receipt
BANK OF AMERICA CORPORA liON
100 North Tryon 5t
Bank of America Corporate Center
Charlotte, North Carolina 28255
Kenneth D. Lewis
Chairman, Chief Executive Otlicer and President Bank of America Corporation
Keith Banks
President, Global Wealth & Investment Management, Bank of America Corporation
Risk & Capital Committee and tvlanagement Operating Committee
Amy Woods Brinkley
Global Risk Executive, Bank of I\merica Corporation
Risk & Capital Committee and Management Operating Committee
Joe L. I'ricc
Chief Financial OfliceL Bank of America Corporation
Risk & Capital and M,magcment Operating Committees
On SEC report, recent
TERESA M. BIZENNER
Associate (jeneral Counsel
On annual share holder meeting announcements
William J. Mostyn [II
Deputy General Counsel
and Corporate Secretary
On 10-k 11107
Neil A Cotty
Chief Accounting Officer
SEC Headquarters
lao F Street NL
Washington. DC 20549
(202) 942-8088
help(a)sec.gov
Division of 8anking Supervision and Regulation
Federal Reserve Bank of San Francisco
101 Market Street
San Francisco, Califomia 94105
Mailstop 920
Toll free: (866) 838-9247
FAX: (415)393-1962
• Page 9/9
CC: By certilled mail with receipt
BANK OF AMERICA CORPORAliON
100 North Tryon St
Bank of America Corporate Center
Charlotte, North Carolina 28255
November 24, 2008
Kenneth D Lewis
Chairman, Chid Executive Otlicer and President. Bank of America Corporation
Keith Banks
President. Glohal Wealth & Inve:itment Management, Bank of America Corporation
& Capital Committee and Management Operating Committee
Amy Woods Brinkley
(jlobal Risk Executive, Bank of I\merica Corporation
Risk & Capital Committee and Management Operating Committee
Joe L. I'rice
Chief Financial OfliceL Bank of America Corporation
Risk & Capital and Operating Committees
On SEe report, recent
TERESA M.
Associate (jcncral Counsel
On annual share holder meeting announcements
William J. Mostyn [II
Deputy General Counsel
and Corporate Secretary
On IO-k 11107
Neil A ('otty
Chief Accounting Officer
SEC Headquarler,
100 F Street. NL
Washington, DC 20549
(202) 942-8088
help(a)sec.gov
Division of 13anking Supervision and Regulation
Federal Reserve Bank of San Francisco
101 Market Street
San Francisco, Califomia 94105
Mailstop 920
Toll free: (866) 838-9247
FAX: (415)393-1962
-45-
• Page 10/9 November 24, 2008
And by email
Office ofThritt Supervision
San Francisco Regional Office
Paci fic Plaza
2001 Junipcro Serra Roulevard, Suitc 650
Daly City, California 94014-1976
Tel: (650) 746-7000 x7098
Office Fcderal Trade Commission
Consumer Reports Center,CRC-240
600 Pcnsylvania Ave
NW Washington DC 20580
Tel: 1 877 382 4357
A nd by cll1ai I
1 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
J Robert Meister's opinion letter In re Countrywide's fraudulent Oct 26, 2004 Underwriting Letter misrepresented as being
faxed Oct 14, 2004
4 Fraudulent real property contract from Countrywide subpoena productions, misrepresented as a fax transmiSSion from
Parks to Countrywide on Oct 25, 2004, 5:03pm
S Samaan's Loan Applications (100:1) WIth double date received stamps, from Countrywide's subpoena production
6 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
• Page 10/9
And by email
Office ofThritt Supervision
San Francisco Regional Office
!'aci fic Plaza
2001 Junipero Serra Roulevard, Suite 650
Daly City, California 94014-1976
Tel: (650) 746-7000 x7098
Office Federal Trade Commission
Consumer Reports Center,CRC-240
(,00 f'cnsylvania Ave
NW Washington DC 20580
Tel: 1 877 382 4357
A nd by ell1ai I
November 24, 2008
1 James Wedlck's opinion letter [n re Pasternak's fraudulent grant deeds
/ Fraudulent Countrywide Oct 26, 2004 Underwriting Letter, misrepresented as a valid Oct 14, 2004 Underwritinn Letter
J Robert Meister's opinion letter In re Countrywide's fraudulent Oct 26, 2004 Underwriting Letter misrepresented as being
faxed Oct 14, 2004
4 Fraudulent real property contract from Countrywide subpoena productions, misrepresented as a fax transmiSSion from
Parks to Countrywide on Oct 25, 2004, 5:03pm
S Samaan's Loan Applications (100:1) WIth double date received stamps, from Countrywide's subpoena production
6 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 by
Joseph Zernlk
!l DN. cn=Joseph Zernik.
) ,
kneL c=US
Oat" 200H12 09
10:25214)800'
" Jucfge shall € faithful to the law, .. "
eat Code J 1d EUucs 3B(2)
"The rule of law must never be confused wif/1 tyranny of the courts"
Anonymous
December 9, 2008
Att John Amberg
Bryan Cave. LLP
By Emil
"Amberg, John W"
[email protected] com
Lenna [email protected] com
sandor [email protected] com
samuels [email protected],
angelo [email protected] com,
mozllo [email protected] com
rl1c' rl cl [email protected][y'i'.lLde com

RE: Representation of Countrywide? CountryWide Home Loans, Inc.? Bank of America?
Timely crime notification per SECTION 307 OF SARBANES-OXLEY,
Please respond by 5:00pm on Sept 9, 2007
Mr Amberg
Regarding your email note, dated December 8, 2008, copied below, please be expliCit and proVide the folloVilng detalls­
1) Are you and Bryan Cave registered as outSide counsel by the Legal Departmem of Bank of Amenca at present?
Please let me know what your Legal Matter Number ("LMN'7 is, which was prOVided to y'OLJ by the 80/\ Legal
Department? Absent such Iljenbficatlon number, or any official record by the entity you claim to represent, I must
assume your note, COPied below, is fraud, as surely would any counsel, reading such a deliberately ambiguous note
FYI
IN ALI CASe:, OUTSIDE COUNSEL MUST OBTAIN PRIOR A1PPROVAL FROM A DEPARTMENT AI roRNEY HI+URI INCURRING
SIGNlf ICAINT FEES OR EXPENSES ON A MATTER INITIATING ACTION SEEKING EX IRAORDINPHY RFMEDIES OR SOUGHI
ON 8AlNK Of AMERICA'S BEHALf, UNDERTAKING REPRESENTATION INVOLVlNC, ANY POSSIHLI CONFLICT Of INTFRrsT Of,
PROCEEDING IMTH AlNY MATTER ENTAIliNG A SIGNIFICAINT LEGAL. REGULATORY. PRECFD( NTIAL OR RIPUTArtONAl RISK 10
BAINK Of AMERI CA
2) Is the Legal Department of Bank of Amertca at all aware of the fraudulent litigation you are conducting here under
their name?
3) If not by whose authority are you at present engaged as "outside legal counsel of Coul1tr:vwide Home Loans,
Inc"7
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 refernng to? Absent such notice, vour email
below IS null but yet another fraud in thiS chain
7) Who Issued such court order, when, and under what authority?
8) How come the purported court order refers to "Counsel for Countrywide"? What entity IS tt",at supposed to be?
9) Who are the employees of tilat undefined entity?
10) Could you please prOVIde a list so that I know who I purportedly am prohibited from commurllcatlng VIlth I
a Is Sandor Samuel ,m Employee of Bank of America at present?
b Is Angelo MOliio employee of Bank of America at present?
c Is Diane Frazier employee of Bank of America at present?
d. Is Maria McLaunn employee of Bank of America at present?
11) \l\lhat is "your litigation"?
Digitally ,'gned by
Joseph Zernlk
!l DN. cn=Joseph Zernik.
) .
kneL c=US
DatI' 200H12 09
10:2S214)800'
" Jucfge shall be faithful to the law... ,.
Cal Code J EU1Ics 3B(2)
"The rule of law must never be confused wil/1 tyranny of tfJe courts"

December 9. 2008
Att John Amberg
Bryan Cave. LLP
By Emil
"Amberg. John W"
Iwamberg(wBryanCave com
Lenna [email protected] com
sandor [email protected]'N1de com
samuels [email protected]
iJ.I.lQelo [email protected] com.
mozilo [email protected] com
[email protected][y'i'.lLde com

RE: Representation of Countrywide? Countrywide Home Loans, Inc.? Bank of America?
Timely crime notification per SECTION 307 OF SARBANES-OXLEY,
Please respond by 5:00pm on Sept 9, 2007
Mr Amberg
Regarding your email note. dated December 8. 2008. copied below. please be explicit and prOVide the folloVilng detalls-
1) Are you and Bryan Cave registered as outSide counsel by the Legal Departmenl of Bank of America at present?
Please let me know what your Legal Matter Number ("LMN'7 IS. which was prOVided to y'ou by the 80/\ Legal
Department? Absent such Iljenltfioatlon number, or any official record by the ent'ty you claim to represent, I must
assume your note, COPied below, is fraud, as surely would any counsel, reading suoh a deliberately ambiguous note
FYI
IN ALI CASe,. OUTSIDE OOUNSEL MUST OBTAIN PRIOR A1PPROVAL FROM A AI fORNEY HI+URI INCURRING
SIGNlf ICANT FEES OR EXPENSES ON A MATTER. INITIATING ACTION SEEKING EX TRAORDINPHY REMEDIES OR SOUGHI
ON BANK Of AMERICA'S I3EHAU. UNDERTAKING REPRESENTATION INVOLVlN(, ANY POSSIHLI CONFLICT Of INTFRrST or,
1MlH ANY MAHER ENTAILING A SIGNIFICANT LEGAL. REGULATORi. PREcrD, NTIIIL OR RfPUTA1I0NAL RISK 10
BANK m AMERICA
2) Is the Legal Department of Bank of Aillenoa at all aware of the fraudulent litigation you are conducting here under
their name?
3) If not. by whose authority are you at present engaged as "outside legal counsel of Countr.vwide Home Loans,
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 to? Absent such notloe, 'lour email
below IS null but yet another fraud in thiS chain
7) Who Issued such court order, when, and under what authonty?
8) How come the purported court order refers to "Counsel for Countrywide"? What entity I:; tt",at supposed to be?
9) Who are the employees of tilat undefined entity?
10) Could you please prOVide a liSt. so that I know who I purportedly am prohibited from commurlloatlng VIlth I
a Is Sandor Samuel ,m Employee of Bank of Amenca at present?
b Is Angelo Mozllo employee of Bank of Amenoa at present?
c Is Diane Frazier employee of Bank of Amenoa at present?
d Is Maria McLaunn employee of Bank of America at present?
11) VVhat is "your litigation"?
-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 profit. 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?
13) Do you represent Sandor Samuels?
14) Please on behalf of Sandor Samuels, authenticate or repudiate as fraud the Underwnt1nr11etter dated October 2Q.
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?
15) Please on behalf of Sandor Samuels authentlC<3te or repudiate the Real Property wnich has
been repeatedly filed In COLIrt fraudulently misrepresented by Mana McLaurin, Samaan, and Parks as
faxed on October 25, 2004, 503pm 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,
Sandor Samuels, Angelo MOliio and oUhers, under the guise of litigation, and 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
( 0\11'1 1\:'.( 1 \\ I 1"11 SH '110\ S\HB\ "''''',-0.\11.\
If OlfTSIDE COUNSEL REASONABLY BELIEVE THAT MATERIAL VIOLATION or LAIN MAY HAVI, OCCURRU). IS O';CUI<I<ING OR IS
AllOUT ro OCCUR. P-S SET FORTH IN SECTION 307 Of flHE SARBANESOXLEY ACT Of 20021\ND HIE SFC PROMULGATW
THERE UNDER (17 CFR 205). OlfTSIDE COUNSEL MUST NOTIFY THE GENERI\l COUNSE.L PoNO THE APPROPRIATr LEGAL
DEPARTMENT ATIORNEY THIS NOTICE MAY BE IN ANY FORM. BUT SHOULD CONSPICUOUSLY SIATF rHAT I-'S BEING MAOf
UNOER SECTION 307 OF THE SARBANES-OXLEY ACT
17) In case thiS communication is received by email by any of the purported employees. coulij you please a JthentlC<3te
such communlC<3tion, including the email address at which such communlcatlon(s) were received, so that I may stop
making them up?
Joseph Zernlk
[email protected], "Ted Max"<[email protected]>, 'Van Cleve, Peter 0"
<[email protected]>, [email protected], kdiC<[email protected],
[email protected] [email protected], [email protected],
[email protected], [email protected], [email protected]
At 03'21 PM 12/8/2008. you wrote
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 Counlrywloe In connection With your
IrtlgatlOn
You are reminded that under the court's order. you are to communICate exdusl'lely With deSignated counsel f,x Countrywide
and nol with any or Its employees
John W Amberg
John W Amoerg
Bryan Cave LLP
120 Broadway, Surte 300
Santa MonICa, CA 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
IRS CIfOJlar 230 Disclosure To ensure compliance WIth requirements imposed by the IRS, we Inform you thelt any US.
federal tax adVice contained In this communlcalron (induding any attachments) IS not Intended or written to be used, and
cannot be used, for the purpose of (I) aVOiding penaltJes under the Intemal Code or (II) promoting, marXetlng. or
recommend Ing to another party any lransactJon or matter addressed herein
• 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 profit 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?
13) Do you represent Sandor Samuels?
14) Please on behalf of Sandor Samuels, authenticate or repudiate as fraud the Underwnt1nr11etter dated October 2.§.
2004, which has been repeatedly filed In court fraudulently misrepresented by Mana McLaul-in Samaar,
KeshavafZl and Parks, as an Under%ltlng Letter of October 14, 2004, or mid-October 2004?
15) Please on behalf of Sandor Samuels authentlC<3te or repudiate the Real Property wnich has
been repeatedly filed In COLIrt fraudulently misrepresented by Mana McLaurin, Samaan, r(eshavarzl, and Parks as
faxed on October 25, 2004, 5 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,
Sandor Samuels, Angelo Mozllo and oUhers, under the guise of litigation, and cclluslon With Terry Fnedrnan, John
Segal, Jacqueline Connor and others In abuse of civil nghts under color of law18 USC as well as vanous
predlC<3ted acts per RICO 1B USC §1961-1968
( 0\11'1 1\:'.(" \\ I 1"11 SH '110\ JlJ 01- S \HU \ ",L<.,..()\1 1.\
If OlfTSIDE COUNSEL REASONABLY BELllcVE THAT MATERIAL VIOLATION or LAIN MAY HAVI, OCCURRU) IS O';CUI<I<ING OR is
AllOUT ro OCCUR, p.s SET FORTH IN SEC nON 307 Of flHE SARBANESOXLEY ACT Of 20021\ND HIE SeC PROMULGATW
THERE UNDER (17 CFR 205), OlfTSIDE COUNSEL MUST NOTIFY THE GENERI\l COUNSE.L PoNO THE APPROPRIATf LEGAL
DEPARTMENT ATIORNEY THIS NOTICE MAY BE IN ANY FORM, BUT SHOULD CONSPICUOUSLY SIATF THAT I-'S BEING MAOf
UNOER SECTION 307 OF THE SARBANES-OXLEY ACT
17) In case thiS communication is received by email by any of the purported employees, coulij you please aJthentlC<3te
such communlC<3tion, including the email address at which such communlcatlon(s) were received, so that I may stop
making them up?
Joseph Zernlk
[email protected],org, "Ted Max"<[email protected],com>, 'Van Cleve, Peter 0"
<[email protected],com>, [email protected], kdiC<[email protected],
[email protected],org, [email protected], [email protected],
[email protected],org, [email protected], [email protected]
At 03'21 PM 12/8/2008, you wrote
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 Counlrywloe In connection With your
IrtlgatlOn
You are reminded that under the court's order, you are to communICate exdusl'lely With deSignated counsel f,x Countrywide
and nol with any of Its employees
John W Amberg
John W Amoerg
Bryan Cave LLP
120 Broadway, Surte 300
Santa MonICa, CA 90401
(310) 576-2280
This eleclrorllc message IS from a law firm It may contain confldentral or pnVlleqed Information If you recelveoJ thiS
transmsslorr In error, please reply to the sender to advise of the error and delete thiS transmiSSIOn and any atachments
IRS CIfOJlar 230 Disclosure To ensure compliance WIth requirements imposed by the IRS, we Inform you thelt any US,
federal tax adVice contained In thiS communlcatron (induding any attachments) IS not Intended or written to be used, and
cannot be used, for the purpose of (I) aVOiding penaltres under the Intemal Code or (II) promoting, mar1<.etlng, or
recommend Ing to another party any transaction or matter addressed herein
-49-
-50-
Page I of I
From: joseph zernik [email protected] net]
Sent: Tuesday, December 09, 2008 1136 AM
To: David J Pasternak; Moldawsky, Jenna L
Cc: [email protected]; [email protected];
[email protected], [email protected];
[email protected]; [email protected],
Ted Max, Van Cleve, Peter D, [email protected],
[email protected], [email protected], [email protected];
[email protected]; [email protected]: [email protected]:
[email protected]; [email protected]
Subject: Transaction for - $7,000 transferred by Pasternak to Moldawsky, Response requested by 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:
I recently received a letter describing transaction where some $7,000 were transkrred hy Mr Pasternak
to Ms Moldawsky. For clarification for me and for others:
I) What was the exact identity of the entity who was providing the funds'.'
2) What was the exact identity of the entity receiving the funds'?
3) What was the exact reason for the translCr of funds?
4) Why was I copied on this transaction? was it related to me in any way?
5) Was it related in any way to Mr Sandor Samuels'?
6) Was it related in any way to Judge Terry Friedman?
7) Was it related in any way to Judge John Segal?
8) Was it related in any way to Judge Jacqueline Connor?
Joseph Zernik
12/1 0/2008
Page 1 of I
From: joseph zernik [email protected] net]
Sent: Tuesday, December 09, 2008 1136 AM
To: David J Pasternak; Moldawsky, Jenna L
Cc: [email protected] com; [email protected];
[email protected], [email protected];
[email protected]; [email protected],
org; Ted Max, Van Cleve, Peter D, [email protected],
[email protected], [email protected], [email protected] org,
[email protected] org; [email protected]: [email protected]
[email protected]; [email protected]
Subject: Transaction for - $7,000 transferred by Pasternak to Moldawsky, Response requested ()y 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:
I recently received a letter describing transaction where some $7,000 were transferred hy Mr Pasternak
to Ms Moldawsky. For clarification for me and for others:
I) What was the exact identity or the entity who was providing the funds'.'
2) What was the exact identity of the entity receiving the funds?
3) What was the exact reason for the transfer of funds?
4) Why was I copied on this transaction? was it related to me in any way?
5) Was il related in any way to Mr Sandor Samuels?
6) Was it related in any way to Judge Terry Friedman?
7) Was it related in any way to Judge John Segal?
8) Was il related in any way to Judge Jacqueline Connor?
Joseph Zernik
12/10/2008
-51-
-52-
Page I 01 j
From: Joseph zernik [email protected]"\knet]
Sent: Tuesday. December 09.2008327 PM
To: Mohammad Keshavarzt, Pnul Malingagio; Ted Max
Cc: [email protected], [email protected],
[email protected]; [email protected];
[email protected]; [email protected], Ted Max; Van Cleve, Peter D,
[email protected]; [email protected]: [email protected],
[email protected]; [email protected]; [email protected],
[email protected]; [email protected]; David J Pasternak; John Patton.
Amberg. John W. Moldawsky, Jenna L; [email protected] attention Mayo,
attentlUI I MdYu. attention Mayo; [email protected]
Subject: REPEAT FILING OF OFFENDING FRAUDULENT RECORDS IN COURT YOUR RESPONSE
REQUESTED BY WED, DEC 10,2008, 500PM Notice of start of Safe harbor period per CCP
1287
December 9. 2 ( ) m ~
Mohammad Kcshavarzi
Sheppard Mullin, LLP
RE: REPEAT FILING OF OFFENDING FRAUDULENT RECORDS IN COURT.
RESPONSE REQUESTED BY WED, nEC 10,2008, 5:00PM.
Notice of start of Safe Harbor period pCI' eel' §128.7.
Mr Keshavar7.i:
You reccntly sent mc copy of papers you fi led in cOUli under the name of Sheppard Mull in. LLP. for
motion to estahlish recovery. scheduled for Nov 21. 2008.
I) No signatures vvere visihle on my copy. I request that you forward to me copy hearing your visiblc
original signatures. In case the copy you filed in court docs not bear your signatures, and you choose to
keep that paper filed, I requcst that you correct that situation expediently, otherwise please withdraw
such papers, and notice me accordingly.
2) Your must reu:nt papers again included records produced in subpoena by Country wide. whieh were
the core of this ligation. I complained in the past that such papers constituted fraud on numerous
accounts. Such records were repeatedly fraudulently misrepresented by you as the product of fax
transmission from Victor Parks. loan broker, to Countrywide San Rafael, Dn Monda), October 25,2004,
5:03 pm.
3) In tact, as made clear by Ms Samaan in her deposition, Mr Perks had nothing to do with any of it.
Among other umpteen frauds, throughout the transaction in 2004, Ms Samaan impersonated Mr Parks in
fax communications. This record was no exception.
4) This record also was never received by Countrywide on the date and time indicated above, as you
misrepresented in court. In fact the transmission that generated that fax header imprint was from
Samaan in Los Angeles to her husband in I,os Angeles. [went through that issm: in depth among other
opportunities, on august 9, 2007, in open court.
I2/I 0/2008
Page 1 01 j
From: Joseph zernik [email protected]"\knet]
Sent: Tuesday. December 09.2008327 PM
To: Mohammad Keshavarzt, Pnul Malingagio; Ted Max
Cc: [email protected], [email protected],
[email protected]; [email protected];
[email protected]; [email protected], Ted Max; Van Cleve, Peter D.
[email protected] law.com; [email protected]: [email protected],
[email protected] org; [email protected]; [email protected],
[email protected] org; [email protected]; David J Pasternak; John Patton.
Amberg. John W. Moldawsky, Jenna L, [email protected] attention Mayo,
attentlUI I MdYU. attention Mayo; [email protected]
Subject: REPEAT FILING OF OFFENDING FRAUDULENT RECORDS IN COURT YOUR RESPONSE
REQUESTED BY WED, DEC 10,2008, 500PM Notice of start of Safe harbor period per CCP
1287
December 9. 2 ( ) m ~
Mohammad Kcshavarzi
Sheppard Mullin, LLP
RE: REPEAT FILING OF OFFENDING FRAUDULENT RECORDS IN COURT.
RESPONSE REQUESTED BV WED, nEC 10,2008, 5:00PM.
Notice of start of Safe Harbor period pCI' eel' §128.7.
Mr Keshavar1.i:
You reccntly sent me copy of papers you filed in cOUli under the name of Sheppard Mull in. LLP. for
motion to estahlish recovery. scheduled for Nov 21. 2008.
I) No signatures vvere visihle on my copy. [request that you forward to me copy hearing your visiblc
original signatures. I n case the copy you filed in court does not bear your signatures, and you choose to
keep that paper filed, I requcst that you correclthat situation expediently, otherwise please withdraw
such papers, and notice me accordingly.
2) Your must recent papers again included records produced in subpoena by Countrywidc. whieh were
the core of this ligation. I complained in the past that such papers constituted fraud on numerous
accounts. Such records were repeatedly fraudulently misrepresented by you as the product of fax
transmission from Victor Parks. loan broker, to Countrywide San Rafael, Dn Monda), October 25,2004,
5:03 pm.
3) In tact, as made clear by Ms Samaan in her deposition, Mr Perks had nothing to do with <tny of it.
Among other umpteen frauds, throughout the transaction in 2004, Ms Samaan impersonated Mr Parks in
fax communications. This record was no exception.
4) This record also was never received by Countrywide on the date and time indicated above. as you
misrepresented in court. In fact the transmission that generated that fax header imprint was from
Samaan in Los Angeles to her husband in l,os Angeles. [went through that issw,: in depth among other
opportunities, on august 9, 2007, in open court.
12/10/2008
-53-
Page 20f3
5) You have never provided adequate authentication afthat record when you introduced it as evidence.
and I filed for sanctions against you per CCP §128.7 for filing of records in cour:.
6) To avoid that hearing. you scheduled in connict another "hearing" as you fraudulently called it, wlch
retired Judge O'Brien. who had no authority at all to hold any "hearing" of any kind.
7) This court refuses to even continn that Samaan v Zernik was ever a case of the Superior Court of
California. Regardless, you were fully aware that such records were, arc. and always will be fraud. and
therefore any purported order. decree, judgment. or any other outcome of such litigation was is, and
always will be null and void.
8) In the most recent papers you omitted the fraudulent transmittal cover sheet. Regardless. this record
is the product of fraud. and it was introduced by you as part of fraudulent evidence.
9) Therefore, I request that you immediately remove this record from your most recent pending papas.
10) Therefore. I also request that you submit a request for a illlt1<:_Pro tlIne order:
a) to mark all instances where such paper appears in the court file as instances of fraud.
b) to vacate al \ orders. decrees, judgments that were based on such frauddent real cstate contract record.
10) Please consider this notice per CCP §128.7 for start of Safe Harbor period.
MR KL':SIII\VARZi MALIJ\lGAGID: RESPONSE REQUESTED BY WED, DEC 10,2008,
5:00PM.
11) This message is copied and NU§nna who claims to be authorizc
to represent Countrywide Home Loans, Inc, a subsidiary of Bank of America. Countrywide Home
Loans, Inc too is requested to file request in court for the withdrawal of such fraudulent records
produced by Countrywide Home Loans. Inc as part of subpoena productions that were replete with
fraudulent records, and which tried to entirely fabricate Samaan's fraudulent loan applications
underwriting history.
MZ AMBERG ANDiyI-,'iMQJ J)AWSKY: RESPONSE BY WED, DEC 10,2008,
5:00PM.
12) This notice is also forwarded to !\.tt Countrywide Home Loans, Inc, who was part of
the team under Mr Samuels, who devised the subpoena fraud in 2006, and repeatedly provided
fraudulent responses to questions in Meet and ConCer in 2007, then claimed religious observance to void
appearance in motion to compel. Mr Boock is requested to authenticate the real estate contract record,
otherwise, to withdraw it from the record, and with it the entire countrywide fraudulent subpoena, and to
notice the parties and the court accordingly. Mr Book is according to Bank of America OffIce of
General Counsel only authorized to represent Bank of America Corporation. That ollice had no
record of Bryan Cave LLP as authorized to represent Bank of America in this matter.
MlLBOQK: RESPONSE REQUESTED BY WED, DEC 10,2008, 5:00PM.
13) This notice is also forwarded to:
Mr TimothyJ Executive Vice President and General Counsel
Bank of America Corporation (Bank of America)
100 N Tryon St
NCI-007-56-II
Charlotte, NC 28255
Phone: (704) 386-7484
Fax: (704) 370-3515
12/1 0/2008
Paue 20f3
o
5) You have never provided adequate authentication of that record when you introduced it as
and J filed for sanctions against you per CCP §128.7 for filing of fraudulent records in cour:.
6) To avoid that hearing, you scheduled in connict another "hearing" as you fraudulently called it, wlch
retired Judge O'13rien, who had no authority at all to hold any "hearing" of any kind.
7) This court refuses to even continn that Samaan v Zernik was ever a case of the Superior Court of
California. Regardless, you were fully aware that such records were, are, and always will be fraud, and
therefore any purported order, decree, judgment. or any other outcome oJ" such litigation was is, and
always will be null and void.
g) [n the most recent papers you omitted the fraudulent transmittal cover sheet. Regardless. this record
is the product of fraud, and it was introduced by you as rart of fraudulent evidence.
9) Therefore, I request that you immediately remove this record from your most reccnt rending parers.
10) Therefore, I also request that you submit a request for a lllill<:_Pro tlIne order:
a) to mark all instances where such parer arrears in the court file as instances of fraud.
b) to vacate al \ orders, decrees, judgments that were based on such fraudLient real cstale contract rcconl.
10) Please consider this notice per CCP §128.7 for start of Safe Ilarbor period.
MR KL':SIIAVARZi &_MR MAUNGAGIO: RESPONSE REQUESTED BY WED, DEC 10,2008,
5:00PM.
11) This message is copied to AlUohn_&mberg and {\tt)§l1lla who claims to be authorize
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
produced by Countrywidc Home Loans, Inc as part of suhpocna productions thal were rep Ide with
fraudulent records, and which tried to entirely fabricate Samaan's fraudulent loan applications
underwriting history.
MIZ AMliFRG ANDiyI-,'iMQJ J)AWSKY: RESPONSE REQUESTED BY WEll), rH:C 10,2008,
5:00PM.
12) This notice is also forwarded to !\.tt Countrywide I lome Loans, Inc, who was part of
the team under Mr Samuels, who devised the subpoena fraud in 2006, and repeatedly provided
fraudulent responses to questions in Meet and Confer in 2007, then claimed religious observance to void
appearance in motion to compel. Mr Boock is requested to authenticate the real estate contract record,
otherwise, to withdraw it frol11 the record, and with it the entire countrywide fraudulent subroena, and to
notice the parties and the court accordingly. Mr Book is according to Bank of America OffIce of
General Counsel only authorized to represent Bank of America Corporation. That olTicl' had no
record of Bryan Cave LLP as authorized to represent Bank of America in this matter.
RESPONSE REQUESTED BY WED, DEC 10,2008, 5:00PM.
13) This notice is also forwarded to:
Mr TimothyJ, Executive Vice President and General Counsel
Bank of America Corporation (Bank of America)
100 N Tryon St
NCI-007-56-ll
Charlotte, NC 28255
Phone: (704) 386-7484
Fax: (704) 370-3515
12/10/2008
-54-
Page 3 of 3
With the demands:
a) that Bank of America corporation put an end to this fraudulent litigation and farce of a court,
progressing in its name in the past six months.
b) that it withdraw the fraudulent subpoenas produced by Sandor Samuels, Todd Boock and their
colleagues in the corrupt Legal Division of Countrywide,
c) that they take action to mitigatc damages,
d) that they report in the quarterly report for Q-IV 0[2008 such material deficiency - the compromise of
the legal team 01' Bank of America Corporation resulting from incorporation of the Legal Division of
Countrywide Financial Corporation to its ranks pursuant to
Section 307 of Sarbanes-Oxley
Since material violation of law has occurred, is occul-ring and is about to
occur again, as set fOI-th in Section 307 of the 20Q2
and the SEC Rule promulgated there under OLCFR2!lS), the :general
counsel must inform his superiors and the authorities_ This notice may he
in any form, but should conspicuously state that it is bdng made under
Section.307 Q[Jhe--,"lal"-b'!nes-Oxley.Act.
MR MAYOP_QULC1'): RESPONSE REQUESTED BY WED, DEC 10,2008, 5:00PM_
Joseph I,emik
Fax: SO I 998 0917
Tel: 3104359107
Additional documentation, including fraud experts opinion letters re: fraud in this litigation can
be viewed at:

tillQjIi nproperinla. 1Q- 26-QPln letter=o_d-26-s.pdf
http://inproperinla.com/04-09-07-sa maa .pdf
http://inproperinla. co m/04=09-07 -friH.Jd=i o::Rregl.Jql ifLcaion-letter-sopdf
http://inproperinla.com/04-09-27-doc-40-samaan-frqudulent-IQqH=-appILcations-s.pdf
http://Lonroperinlg.r:om/Q1::Q9-ZZ-samacw-c.mmtrywide-fraudulent-IQCiO.-_ClPQlLcqtion.p_dJ

0-18-wi 1.pdf
http://inpropeJinla.com/04-1Q=
-branch=;,Dput-exceptiQn-reCj uest­
s.pdf

bttp.:/lLnpmperi n103. com/04-1 0-26-col,J n1:J}twide-fraudulent-uoderwdti -5. p.df
httpjlinQroperinla.com/06-07-10-samaan-deposition.pdf
http://inproperinla.com/07-02-08-countryWide-frq QPOeJl<l- pdf
http://Lnproperi nla. cQmjQ6-1 t-Q9-doc-
http://inproperinla,com/06-11-09-doc-38-2::countrywide-mclaurin-faIse-dec:lI9ratlons.j2df
http://inproperinla.com/07-06-20-bet-tzedek-web-page-with-samuels-befole-letter.lrNf ­
Samuels - the fraudster as "fraud buster"
121l0/2008
Page 3 01'3
With the demands:
a) that Bank of America corporation put an end to this fraudulent litigation and farce of a court,
progressing in its name in the past six months.
b) that it withdraw the fraudulent subpoet1lls produced by Sandor Samuels, Todd Boock and their
colleagues in the corrupt Legal Division of Countrywide,
c) that they take action to mitigate damages,
d) that they report in the quarterly report for Q-IV of 2008 such material deficiency - the compromise of
the legal team 01' Bank of America Corporation resulting from incorporation of the Legal Division of
Countrywide Financial Corporation to its ranks pursuant to
Section 307 of Sarbanes-Oxley
Since material violation of law has occurred, is occul-ring and is about to
occur again, as set fOI·th in Section 307 of 2002
and the SEC Rule promulgated there under OLCFR10S), the gcneral
counsel must inform his superiors and the authorities. This notict.' may hc
in any form, but should conspicuously state that it is bdng made under
Section.307o[Jhc--,"ial'b<!nes-QXley_Act.
MR MAYOPDULC1'): RESPONSE REQUESTED MY WED, DEC 10,2008, 5:00PM.
Joseph l,crnik
Fax: XO I 99X 0917
Tel: 3104359107
Additional documentation, including fraud experts opinion letters re: fraud in this litigation can
be viewed at:
http://inQ[Qperinl(1, com/Q4-10-26-dj)i:=41=-c:ountrywi ITclJ!d=-undervvJWng-I pdf
tillQjIi nproperinla. comjQ<t-l 0-26-QPln 26-s.pdf

http://inproperinla.com/04-09-07 - o::RreqLJCllificaion-letter-5. pdf
http://inproperinla.com/04-09-27-doc-40-samaan-frCludulent-loan=-C1pplications-s.pdf

ht1R:Jjinproperinla <::omj04-09- 27-opi ni1)O ud-in-loan-ClQPJicati_QDs-signature-sopdf
i.pdf

http://inproperinla. -branch-=-i,nput-exception-reCjuest-
s.pdf

103. com/04-10-26-col,Jntn'!Yide-fraudulent-uoderwrjti pcjf
htlP:lllnproperinla.com/06-07-10-samaan-deposition.pdf
http:)
http://inproperi nla. comJQ6-11-Q9-doc- la
http://inproperinla,com/06-1i-09-doc-311-2-cou
http://inproperinla.com/07-06-20-bet-tzedek-web-page-with-samuels-befoie-letter.lrNf -
Samuels - the fraudster as "fraud buster"
12/10/2008
-55-
-56-
l>tJI1dll, jtH4J
/cr'llk
t);'\j ':n. (['f'\ 1\
NIl "I: 1
nr?L
O..lff If)Of: 1,'0'):;' \·;':90:"
Joseph Zemik DMD PhD
rr:>
f'ax 1801) 9'J6·091f I:mail JZI2:14'[email protected]<n,,1
U Judge shall be faithful to t/le law... "
Cdl Cod<! l(KJ EtlYcs Jam
"ThR 1111.. of law nllVQr b9 confuGcd with 1}'/iJllflV of th" r:ollrts"
J1.nonyfl!(Jtl"
11\11-: 1<'; OF TilE ESSF:'\C1:
KFN0;L III I) II.WIS
Chaillllan, ChiclT:\ccullvc Officer. and Prc,i,knl
Bank o(Amcrica CorporatHJll
ITRES;\ \·1 BRLl'NLR
Assot'iatc (iclleral Counscl
Ballk of C(lrporation
100 NClrthl [yon SI
Bank 01' America Corporal<: (enkr
Ch:J[·lntlc. N,'rth Carnlill:l :;S:;:i:i
RE: DL\lANf) TO\IITI(;;\,n: O.-\1\ll\(;ES :\i\D FOR (ORIU:CTI\T ACIIO:'li-i
1..,1:, rcce)rd, ,hel\\ Ihal in carl: Fcbrual) 200i( ,oon aftcr your initial dcci:-;ioll to ukco\cr COUIlt":\1 ide. I ",,'Ild you
l\flltcr, notice:, Je:scribing thl: conduct o(Countrywide: In court herc in Los Angeles, relaLvc to litlgalio[ In
SUIIUWI7 \. !crnik. \\l1ICh started in Cklohcr 200:i. and IS still going on today.
I-:nclo".'d I' a dakd [)cccmkr ), 2()1)8. tilled:
Who's in Control? Countrywrde s Involvement III a DubiOUS Los Angeles Superior Court Case Continues even
after Takeover by Bank of America: U.S. Department of Justice has tolerated the LA court In the past 8
years. and thousands n are falsely impnsoned by the same court for over a decade
;\lsu cnclosed i, a ktter to various p311ics, pleasc acccrt it as addressed personally to you \I'iih the dC1l1a ld 1<1I
imlllcdiJIC action tC' damages. to my civil righh, to rerum my home to my possc",iol1 In stop
111: harassmcnt hy Countrywide. and !<-)r compensation tilr hann tc' Ille by Counlr),widc*.
Plea:.;c 1Il\II1cdi:ltcl\. hu: nn Ialer than Friday, Den'mhl'" 12.2008. S:00[lm illl(lfI11 1l1C PI' Y(lur decisIl111 in lhi·,

• Count,,:'wide here dcnotes Count,,:wiJe linancial Corr1<.1I'ation (eTC) and all ib subsidi;:Irics and aftillates,
jointly anl10r sevcrally
Joseph Zemik DMDPhD
'dX 1[;1)1\ 9'J6,09,{ bmail jZI2:[email protected]'1
l>tJI1dil, -, :rH..J 1,'1
/('r'llk
t);'\j I.n. lc)qih fef'\ 1\
NIl "1" 1
nr?L IS
O..lft l!)()f, ':01'. \·;',1)0:"
rr:>
U Judge shall be faithful to t/le law... "
Cd/ C_ JCKJ EltlK. J8(2J
"ThR 1111.. of lilW nllVQr b9 conl'w;cd with (yl L111"y of th" r:ollrts"
!I.nonylll(l(I·.
11\11-: 1<'; OF TilE ES<.;F:\C1:
KFN0;L III I) II.WIS
Chaillllan, Ch iclT:\C:ClIll vc Officer. and Prc,i,knl
BanI-- 01' America ('orpora! HJll
ITRES;\ \·1 BRLl'NLR
Assot'iatc Cic:m.:ral Counsel
BanI-- of C(lrjl(lratiol1
lOll NClrthllyon SI
Ban" 01' r\ll1I:rica Corporate ( cnkr
(h:1I'lolle, N,'rth ('an'dina 2lC:i:i
RE: DL\lAI'I<f) TO\lITI(;A'n: O.-\1\ll\(;ES :\i\D FOR (ORIU:CTI\T ACIIO:-"..,
rV1y ,h,\\\ Illal in early Februal) 200i( 'oon aftcr your initial dcci:-;ion to Llkeo\ cr Country II ide. I )<.·nd you
l\lltter, notice:, Je,cnbing thl: cOllduct ol"Coulltrywide: In court here in Los !\ngeles. rclaLvc til litlgaliol In
SUIWWI7 \. !crnik \\l1ICh started in Cklohcr 200:'. and IS still going on today,
I-:IlCIIl"-'d I' a dakd [)cce:lllkr '. 20/J8. tilled:
Who's in Control? Countrywrde s Involvement III a DubiOUS Los Angeles Superior Court Case Continues even
after 1akeover by Bank of America: U.S. Department of Justice has tolerated the LA court In the past 8
years. and thousands (I) are falsely impnsoned by the same court for over a decade
Alsll cllc'losed a kllcl to various fXll1ics. rlc,be "co;crt it a.s addrcssed personally to you \\'iih the ,lema ld I,ll
immediale actil'll III mili"alc to sati:guard my ci\il rights. III rerum my homc to my posse""iol1 In stop
l11y harassmcnt by Cuuntrywidc, and t'lr compensation I(lr hann te' me by Countrywidc*,
I'lca'ic Ilnnle:dl<ltcl\. bu: no lalcr thall Friday. (kn'mlll'r 12,20011. S:00[lm illl(ll'I1l1l1C pI': ollir dcc:iolllil ill Ihi·.

• Countrywide 11l'1'l: dcnotcs Countrywide ((TCI and all ib subsidi;:Iries and aftiliates.
joint!) ancillr sncrally
-57-
!:l' l\.i!l,! c,qn,-d ro',
Ir'wrh 11'rl\!:':
)
..._ j)
. &Vv-v"1...
!t)',('pt
{'f)I'll! l!lj:4'l,'''<·.lfHlllll
--­ -. k w'r. )';
fL11f' Ill))
PRESS RELEASE
Ol 11 ."J: -0' ell
Tlti<:
Who's in Control? Countrywide's Involvement in a Dubious Los Angeles
Superior Court Case Continues even after Takeover by Bank of America;
U.S. Department of Justice has tolerated the runaway I-A court ;in the
past 8 years, and thousands (?) are falsely imprisoned by the same
court for over a decade...

Defendant calls for the highest priority action by the Obama administration
regarding the coflapsedjustice system of Los Angeles county.. ,
Badl
SiJll1iJiJlJ v Zurllll< stems from a dispute over a real estate transactio".. enterEd !Y/ the
parties In 2004 for purchase of Zernlk's Beverly Hills reSidence by Samaan "She was il
stmw buyer, and everything starting With her Pre-qualiflciJtion Letle" and tIer Loan
APf1(ic31101lS 3m! continuing III tile /cWo/SUit that was filed a year lalcr was pan' of £In
etaborate sarlOs of frauds,' states Zernik. Indeed. an opinion letter I)y nationally
acclaimed fraud expert Robert Meister shows that the signatures on both the
prequalification letter and the loan applications were forged. Claiml: of such fraud and
other instances of fraud by Samaan. by Countrywide, and by the LA Supenor Court,
were made by Zernlk in court papers throughout the Iihgatlon Reg;:;;rdless. on August 9,
2007 Judge Jacqueline Connor - best known for derailing the Rampart trial in 2000 ­
held a summary Judgment hearing, and rendered summary JUdgment in favor of
Samaan Zernik was required to sell the property to Samann for over $1.8 Illlilion
However. to this date, that judgment has never been entered •Judge Connol' and
Samaans counsel (Sheppard MUllin) engaged in a convoluted fraud regarding the entry
of the Judgment Therefore. there was never a valid effectual judgment In this case" A
case with no Judgment leaves Zernik exposed to unending litigation
"f1ad tflere fJeon a valid enteredJudgment" claims Zernlk "It would have been the
foundation of Pasternak's appointment" Instead, court transcnpts show that while
claiming to appoint Pasternak Receiver for execution of the judgment, neither Judge
Segal nor counsel for Samaan recognized the judgment as vahd. the
Judgment was never referenced as the legal baSIS for the appointment neither was any
section of the code "Ju(ige Segal and Samaan's counsel. in coliUSlon with Pasternak.
Issued. but never entered, a fraudulent appolntmenl order, says Zernik "had thue beun
a valid ju,Jgment all,! il valJd appointment. Pasternak would Ilave Issued a Wnt of
Execution. and Wiltl If/at, 1m could have filed a genuine gran! deecJ. IInc! !lad NilS been il
legitimate transfer of II/Ie by the court. Pasternak would have given me tile money no
later than 30 days from the date of the sale, as roqurred by law'.
Zernlk tlad moved OUI In November 2007. as was his plan ever since 2004, but also
under threat of use of force by Judge Segal and David Pasternak Samaan be9an
occupying the Zernlk's residence in December 2007 later. Zernik fO'Jnd out that
Pasternak filed a fraudulent grant deed transfernng the ownership of property to
Samaan James Wedick, a veteran FBI agent and acciaimed fraud elCpert (best known
for hiS role in the probe where SIX members of Congress were found gUilty of takIng
bribes in 1981), confirmed the fraud in the execution of the grant deed by David
Pasternak. purportedly on behalf of the LA Superior Court.
In late January 2008, since he had not received any proceeds from tho purported
escrow, Zernik brought a motion for the court to distribute to him his equity which
purportedly was held by Pasternak following the sale of the property to Samaan. Judge
PRESS RELEASE
Cl'l\.!!I'j c,qn,-d ro',
Ir'wrh ll'rl\!:"
.,.-._ j) ;'Y'('pt )"In
d
;.
. 7j,v'v""'/1... 111,' L1'l ,."·,JfHlltl'
-- -. k '1'f,
! ),111' .',",n,'" I} II'
Oi l' .,/ -(;., ell
llti,,_
Who's in Control? Countrywide's Involvement in a Dubious Los Angeles
Superior Court Case Continues even after Takeover by Bank of America;
U.S. Department of Justice has tolerated the runaway I-A court ,in the
past 8 years, and thousands (?) are falsely imprisoned by the same
court for over a decade.. ,

Defendant calls for the highest priority action by the Obama administration
regarding the coflapsedjustice system of Los Angeles county.. ,
BOd..\'-
SiJll1iJiJlJ v Zurllll< stems from a dispute over a real estate transactiOf'., enterEd !Y/ the
parties In 2004 for purchase of ZerM;'s Beverly H,lls reSidence by Samaan .. She was il
stmw buyer, and everything starting willi her Pre-qualiflciJtion Lel/ef and tIel Loan
APf1(ic31lOns 3m! continuing I/J tile laWSUit Ihat was filed a year laler was pal,' of £In
etaborate sarlGs of frauds,' states Zernik Indeed, an opinion letter I)y nationally
acclaimed fraud expert Robert Meister shows that the signatures on both the
prequalification letter and the loan applications were forged Clarml: of such fraud and
other instances of fraud by Samaan. by Countrywide, and by the LA Supenor Court,
were made by Zernlk in court papers throughout the Iihgatlon Reg;:;lrdless. on August 9,
2007 Judge Jacqueline Connor - best known for derailing the Rampart trial in 2000 -
held a summary Judgment heaflng, and rendered summary Judgment in favor of
Samaan Zernik was required to sell the property to Samaan for over $1.8 nul lion
However, to this date, that judgment has never been entered •Judge Conno," and
Samaans counsel (Sheppard MUllin) engaged in a convoluted fraud regarding the entry
of the Judgment Therefore, there was never a valid effectual judgment In this case" A
case with no Judgment leaves Zernik exposed to unending litigation
"f1ad there /Jeen a vatid enteredJudgment" claims Zemik -It would have been
foundation of Pasternak's appointment" Instead, court transcnpts show that while
claiming to appoint Pasternak Receiver for execution of the judgmenl. neither Judge
Segal nor counsel for Samaan recognized the judgment as vaIJd Accordingly, the
Judgment was never referenced as the legal baSIS for the appointment. neither was any
section of the code "Ju(ige Segat and Samaan's counsc!, in collUSion with Pasternak.
Issued. but never entered, a fraudulent 3ppo,ntmf}nl order", says Zcrnik "flad ','HJC !Jeun
a valid jUrJgmcnt an(! <J valid appointment Pasternak would Ilave Issued a Wnlof
Execulion, and willI ttlal. he could have filed a genuine grant deecJ, IInc! had NilS IJocn a
legilimate franslof of title by the court. Pasternak would have given me the money no
later than 30 days from the date of the sale, as roqurred by taw'
Zernlk tlad moved oulln November 2007. as was hiS plan ever since 2004, but also
under threat of use of force by Judge Segal and David Pasternak Samaan be9an
occupying the Zernlk's residence tn December 2007 later. Zernik fO'Jnd out that
Pasternak filed a fraudulent grant deed transfernng the ownership of property to
Samaan James Wedlck, a veteran FBI agent and acciaimed fraud elCpert (best known
for hiS role In the probe where SIX members of Congress were found gUilty of taking
bnbes in 1981), confirmed the fraud in the execution of the grant deed by DaYI::!
Pasternak. purportedly on behalf of the LA Superior Court,
In late January 2008. since he had not received any proceeds from tho purported
escrow, Zernik brought a motion for the court to distribute to hIm his equity which
purportedly was held by Pasternak following the sale of the property to Samaan, Judge
-58-
Friedman denied the motion and instructed Zernik never to brtng such motlOI" again or
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
Cave, LLP In papers filed in court, Countrywide routinely referred to rtself as -Non-Partv' bUI
the court Interchangeably designated Countrywide as "Plaintiff, 'Defendant 'Interveno(
'Cross-Defendant and more. "Frauel in court by Countlywide is not unusual at alt claims
Zermk "It was theirroutme all over Ihe US The only unique feature here was the collusioll
by tfle court Judge Friedtrl3nthleatcned toJail me if I ask hiS fdend Sandy [SanciaI' Samuels
- fOlTT/erly Chiof LeUal Officer of Countl'YWlde and President of Bel TzerlaA] ilnylll1ng about
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 entlt;. Control of
Countrywide IS now by Bank of Arnenca, 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 Pennsylvanra court is il child's play If) compadson' says Zemik, 'And
it IS not clear at all flwt Bank of Amencil even knov/s what Countlywide is dOlilg in Los
Angeles, even toelay" At present, Bryan Cave, LLP refuses to disclose whom they represent.
"Judgo Terry Fn'odmanlssued a fraudulent notice for a November 21, 2008 proceedmg
where he concealed Counllywldes palilc/palion This is no exception" says Zernlk
Connor and Judge Segal d/(I jusl the same Ihere IS no way to explail; tfJis as a Inlo COliit
caso' says Zermk "000$ Terry Friedman, have an assIgnment order? Docs he have any
DUlhonty in the case Dt al!') And for /flat malter, did Judge Segal have al1 assIgnment Older?
Did Judge Connor have one? Was tile November 21, 2008 notice, ISS, led In the name of
Clerk Clarke an authentic Supenor Court notice? Is tile case as a whole, a true case or the
California SuperIor Courl system? How is the court allowed to deny roo for the fourth yoar ill
a row acee:;,., to my own litigation recorrls? How could 5amaan file popers for tile
November 21 hearing, be designated "PaS/-Judgment Mution", wl1elll1either she nor the
court have ever acknowledged the August 9, 2007judgment') The Presiding judge of
the Court, Ihe Clerk of the LA Superior Court, their in-house altomeys and the outside
counsel they relained arc refusing to answer any questions regarding this case for Ilalf a
year /lOW. The court is taking the Fifth, "Indeed, both the Register of Actions, and also
the online Case Summary indicate that judgrnent in this case IS sllli pending
"In fact. it IS all Enterprise-Irack case" says Zernik •It reneets conupt,oil ofttlO cloIiI dIVision of
LA Supedor Court that is tile mirror image of convptlOI1 of the cnminal (!lViSIGII clocuroonled /f
great detail In file I'{ampart scandalllJvesligatlOns. How could anytxx1v expect anytlung else';
It is tile same jUdges after ail. "Indeed, !h3 protagonist - Jacqueline Connor ._. is and
the same in both cases The Blue Ribbon Report of the Rampart sca"dal (July 20(6)
showed that those who were confimled innocent in the Initial 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, Most likely th9Y number In the
thousands, and some of them also had confeSSions extracted througil torture Such crimE's
were called "helllous', and -clJaractenstic oft/Ie most repressive dletMars and pollee
states"'" But the 2006 report described in great details thal LAPD. DA prosecutors, and LA
Superior Court Judges were blocking the release of the victims of such cnmes fOI" almost a
decade
"The LA County Supen'or Court is still holdJlJg thousands of people falsely I/npnsoned
concludes Zernik "Most of them are likely to be btack and minonties It undelmflles any
claim of legitimacy by government in fllis country. Tho new admlrlistration must not tet
this stand
r
Friedman denied the motion and instructed Zernik never to brtng such motlo" again or
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
Cave, LLP In papers filed in court, Countrywide routinely referred to rtself as -NonParty' bUI
the court Interchangeably designated Countrywide as "Plaintiff, 'Defendant 'Interveno(
'Cross-Defendant and more, "Frauel in court by Countlywide is not unusual at aIr claims
Zermk "It was theirrautme all over Ihe US The only unique feature here was the collusioll
by tfle court Judge Friedtrl3nthleatcned toJail me if I ask hiS fnend SiJ'ldy [Sanclor Samuels
- fOlmerly Chiof LeUi'll Officer of Countl'YWlde and President of Bel TzerlaAl ilnylll1ng about
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 Control of
Countrywide IS now by Bank of Arnenca, 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 court is il child's plilY If) companson' says Zemik, 'And
1/ IS not clear at all flwt Bank of Amencil even knov/s what Countrywide is dOlilg in Los
Angeles, even toelay" At present, Bryan Cave, LLP refuses to disclose whom they represent.
'Judgo Terry Fn'odmallisslied a fraudulent notice for a November 21. 2008 proceedmg
where he concealed COllntrywldes paltlc/pation ThiS is 110 exception" says Zernlk
COil nor and Judge Segal d/(I just tile same Ihere IS no way to ex.plail; tfJis as a tnrc COliit
caso' says Zermk "000$ Terry Friedman, Ilave an asslgnnJCllt older? Docs he have any
Duthonty in the case Dt al!';' And for /flat malter, did Judge Segal have an assIgnment Older?
Did Judge Connor have one? Was tile November 21, 2008 notice. ISS, led In tlie name of
Clerk Clarke an authentic Supenor Court notice? Is tile case as a wllole, a true case or the
California SuperIor COUll system? How is tile court allowed to deny roo for the fOll/1h yoar ill
a row acee:;,., to my own litigation recorrls? How could 5amaan file popers fOI tile
November 21 hearing. be designated "PaS/-Judgment Mution", whellneither she nor the
court have ever acknowledged the August 9, 2007judgment·) The Presiding judge of
tile Court, the Clerk of the LA Superior Court, their in-house attomeys and the outside
counseltlley retained arc refusing to answer any questions regarding this case for Ilalf a
year flOW. The court is taking the Fifth, "Indeed, both the Register of Actions, and also
the online Case Summary indicate that judgrnent in this case IS stili pending
"In fact. it /5 all Enterprise-lrack case' says Zernik •If reflects conuptloll ofilia CIVr! dIVISion of
LA Supenor Court that is tile mi/Tor image of convpllon of the cnminal C!fViSIOIl rloGlI/oonled /f
great detail In tile scandalllJvesligatlOns. How coule! anytxxlv expecl anytlung else';
It is tile samejUdges after ail " Indeed, !h3 protagonist - Jacqueline Connor ._. is and
the same in both cases The Blue Ribbon Report of the Rampart sca'ldal (July 20(6)
showed that those who were confimled innocent in the InItial 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. Most likely th9Y number In the
thousands, and some of them also had confeSSions extracted througll torture Such crimE's
were called -hefllous', and ·clJaraclenstic ofUle most repressive dletMars and pollee
states"'" But the 2006 report described in great details that LAPD. DA prosecutors, and LA
Superior Court Judges were blocking the release of the victims of such cnmes fOI" almost a
decade
"The LA Counly Supenor Court is still holdJlJg thousands of people falsely J/npnsoned
concludes Zernik "Most of them are likely to be btack and minonties II undermfl1es any
claim of legitimacy by government in fllis country. Tho new admmistration must not leI
this stand
r
-59-
>'CO] NOTFS
CountrywIde here denotes CountrywIde Financial Corporation. Inc. and any and all lIS SUOSldl3flCS <lela
affiliates. 100ntly and/or severally
All rderenced malenals, mcluding CQurt records and correspondence "nth FBI and US 00.1 can tJe
four,d <I, hlll'illrlprcp.-:nnlacOID! Llsled Below are some of the speerfic key references
[(\'11(1 Cherl1Cw1sr.'y loday Dean. lTYlfj(' L':'l\N 3cho<)1, In 5/ Gwld Pract 121. 2000
f{H·U,TNCFS
QjtR Novemt)l:f 30 2U02
L0tter by defendanl ZPrrllr, tc Prcsldtnq .Judge Cluleger and CIeri<. Clarke of LA Superior COlli t
iI ·12·17 0pUllon-letter \VedIO(s uplnlon 1(:1{c fC'
?aslemak's Grant Deed
3) cornl04 ·0907·oprrllon·letter Melst"r's OpIl'IOf!
!eller in re Salllaan's pre·qualificationlelter
4! hHp lirnproperinla wrnl04·09·27,op'(lIon-leller· fraud,tn·loan ·appllcations,slgna M,,"k r s
opinion leller in re signatures on Sarnaan's loan applications with Countrywide
t)i tillD PQJ Uetalli:d Ie II(;\'.
of frauos in Samaan's loan applications with Countrywide in records filed In U.S D,slncl COlin
6) pdt
Meister's opinion leIter in re fraud It1 Countrywide's underwriting leller
7) t1ap./fmpropennla comI04.. LJ S O,,;tr,C( Cow:
filing aescnbing the fraud In Countrywide's rcal estate contract record.
8'1 U S Dlstnci
Court filing describmg the fraud In Countrywldes underwriting le«er
9) tillQ)f1nproperinJacomI07 ·Oa-D9'ludgmenl&order·granltngsumm;lfy·/udgrnenl·5 pdf Augusl 'u
2007 Judgment by Juoge Connol. rendered but never entered. and a correspondln9 orlel thJ:
served as the basis for the fraud by the couri
10\ b1!p sodl CorreSPOMeno:: w,(h fBI and
U S Dept of Justice.
11) € Q(fi
PreSiding Judge's refusal to answer regarding eXistence of JUdgment In (Sanman v leln''!.
12) hltp·/I,QQl:Ql1,?Dnla.<;QrnJOO certl(!fl;l:s•.0<:!f
November 14, 2008 Register of (",.:lIons In Samaan v Zem,k (SC081400)
13) corn/OB·l lcJQ.c'!s.""slIf"(fl§"'Y:>.ill1f November 30.2008 CasE: SUlnrndlj Itl
Samaan v Zemlk (SC087400)
14) tillQ!fu:rprQQerinld.com/OO·OO·OO·rampan·b(\'f:@QQn·review·panel'?.QP.§ r<:>po'1l'.<11 BllJe f<rbbon
Reporl of 200G. describing tt", failure til release Ihose falsely Impl;son"rj in L.A, County part uf
the Rampari scarxfal
CONT/I,CT
Dr Joseph lernlK
Tel 310435-9107
Fmarl [email protected]
FO)1N01TS
CountrywIde denotes (ountryv/10t' Financial Corporallon. Inc. and any and all!iS svosldtapC's (inti
affiliates, JOIntly and/or severally
1\11 leferenced maJenals, mcludlng court records and correspondence FBI and US OOJ tJc
<It hUll /!lnprcI:>t:nnla COlD! Listed Belo\N are some of the speCIfic key references
[,,\"/((1 Chen1cnr1sr.'y loday Dean. lrvlfK L':'l\N 3cho<)1, In 5/ Gwld Prac! 12 r. 2000
1',H·\,r,TNCES
tlHR Novemt)l:f 3CJ 2U02
L0tter by rj(;fendanl lernlh te FrCSldtnq .Judge Cluleger and CIeri<. Clarke of LA Superior COlli t
iI Ifmpfopeflllia.C2rni07 ·12·1 7' P.QJ \VedlO\ S uplnlon 1(:1{c re'
?aslemak's Grilnt Deed
3) com104·09 07 MClst"r's OpIl'IOf'
!eiler in re Samaan's pre·qual,f1caliol1lelter
4) hHp M""il'r s
opinion letter III re s'gnatures on Sarnaan's loan appllcalions WIth Countrywide
C)i tillD DQJ Uetalk-d Ie 11(;\',
of frauos in Samaan's loan applications with Countrywide in records filed In U,S Dlslnct
6J . ennl a. -tounliY''1idecurv:1f)JWflliDg:!ejt".r.:Q9,;'I'; pdt
Meister's opinion leller In re fraud rn Countrywide's undcfWflling leller
7J Il:tpJfmpropennla comI04.. au<1s.ontr aCH"'i0J<iJ&f LJ S O,,;lr,:J (:0\11'
[,lIng aescnbing the fraud In Countrywide's real estate contract record.
B\ U S (),stnci
Court filing desmbmg the fraud In Countrywide S underwritrng leMer
9) tillQ,iflnpropeflfJJa.comI07·Oa.Q9-ludgmenl&order-qranhng summ;lfy-tu<lgrnenl'5 pdf llllYllsl 'J
2007 Judgment by Judge Connor, rendered bul never entered, and a correspondm9 or:b IhJ:
served as the basis for the fraud by the court
10\ b1'P sodf CorreSPoMeno:: w,th Ffll ond
US. Dept of Justice.
11) £<if
Presiding Judge's refusal to answer regarding eXistence of JUdgment tn (Sanman v lerr",;
12) hllp'I!,QQI:Ql1,?Dnla<;Ql}]!OD OOQQ.,la·';lIpsl-r"!l,ster certl(!f';1:5_.0<:!f
November 14,2008 Reg,ster of ",Gt,ons In Sarnaan v Zem,k (SC081400)
13) com/OB-l ..lli!f November 30.2008 Case S",nmdry "'
Sarnaan v Zemlk (SC087400i
j 4) !illl2.!fu:lprQQerinld.GOrn/OO-OO·OOr;Jlllil3r1J>l\if:@QQf1.feview-pantL.?.Qp,f:; r!:'pQ'.U.><!l 81lJC f<lboon
Report of 200G, describillg tt", Idolure III release 11103e fal>ely ,mprisonprj in LA COLI Illy part (If
the Rampan scal1dal
CONT/\CT
Dr Joseph lelf1lK
Tel 310435-9107
emali [email protected]
-60-
Joseph Zem'ik DMD PhD
fa, 1(01) 9980917 F,rn,,:1 [email protected]< nr.:
" Judge shall be faithful to the law", "
Gill Code JlId EI1vc. 38{2}
"The rule of law must never be confused with tyranny ofth.1 courts"
Aoonymous
Alejandro Mayorkas - 0' I\-Iclvcn) &
Former II.S. lind BOllnl Memher of Bet Tzedek
All Mitchell Kamin, Prcsid('nt
[-or lJt:i /Ie-Jek II< 'liS,' <4.111,\liec
.John Fishel
J)uuu! u!)irc(·(ur\. )t...'H;.,!J f'edcr...tlitjl1
BI') an Ca\'(', IJ ,I'
I-r!l' SUlldol' Sol/I/IL'!.\, ..II/g,'!" Ato:;i!!), ( 'OUIlIITII'i,!c II, Jl/it' 1,0UI/.\, ( '0III/In'H'iJ, Fillollda/ ( 'u/fI' irO! iOIl
Buchalter :\emer
[-01' A/artl I'"s,.,!!"" " \IIh.\ij/(fn of (J!d f(''I'/lMIC lille
Cummings, Mc('!orc)', Davis. Acho and AsslJciatc..s. D, Bret Bianco
Ful'!.o\ :lngc'!c's S'lIlle'''illl' ('!)wI, I'residing .lIIJr,l' Stc'{'Iil'1/ (':;I/!cga, ('l,'I'k .lohn ('!c/!'k,', .!wit:"s, ./oc"/{,"'/in,'
CUllIliI!', .John .'leg,,!. lon hlcdllJan (Jerald Roxcnh"rg, ,\,: A f)f(
Dall Loritz, Okurn-Lol'it7, LLI'
!'i)I' IIS( ('I"'dll (nlon, GWT /'er.::::, /'residelll'( 'fXJ
Pasternak. I';lsternah.. I'atton
For I)u\'id l'wlt'I'I/U!:.
Barry Bl'ucker, Mayor, and City Council oflkverly IIHb
Fol' llit' ('ill' o{He'vall' , Ii/II
Kenneth U, Lenis, Chairman, CEO, and President,
Teresa Bn'lIner. Associate General Counsel
Fol' Bunk o!'--1lflcricu ( 'url'0l'uliol1
Martin Ikrg, Editor'
F{l/' The f)ui!\' )0111'17,';
The Honorable Ronald Georgt\ Chief .Justicc
('(/liiurllia SuprclTli' ( '''Uri
Kenneth Kaisl·r. Assishmt Director
FI)I' (he FIJI
Director
\lichae \'lukascy. Attorney Gene!'al
r'il' {h,' C S', f)ej!w'(JII,'II{ "{.ll/stic,
IHH: IS OF THE F:SSf.!'ICf.!
RESPONSE REQU ESTED BY 5:00PM FRIDAY, DECEM BER 5, 2008!
RE: I) Fraudulent conveyttllc(' oUitle and real estate fraud on real property commonly known 320
South Peck Drive, Beverly Hills, California, 90212, 2) Samaull vZemik (.'.,·C()8940i?) fraudulent
litigation at the Los Angeles Superior Court of the State of California, 3) Racketeering in till: Los
Joseph Zem'ik DMDPhD
fa, 1(01) 9980917 F,rn,,:1 [email protected]< nr.:
" Judge shall be faithful to the law", "
Gill Code JlId EI1vc. 38{2}
"The rUle of law must never be confused with tyranny ofth.1 courts"
AflOnymous
Alejandro Mayorkas - 0' I\-Iclvcn) & Mycn,
Former II,S. lind Board MClllhcr of Bl.'t Tzcdck
AlIl\1ilchcli Kamin, Prcsid('nl
r1)1' lhi J'c:"Jd, II< 'liS,' <,/.II/,\liel'
.John Fishel
Filr J)u:..ud u! j)irC('fu!'\. J/...'H;.,h f'edcr...tlitjl1 (j(rU\
Br) all Ca\'(', LLI'
h!l' .\'IIIJo/' SOI//IId\, .. ,lln:/I", ('UI/IlIITlli,/c nJlIl,' [,OUI/.\. ('O/li/I':I'It'IJ, fillalldal ( 'Ut/II/I'UJ/OII
Buchalter ,",cnwr
!-o/' .I luI''' {-'s''I'!'''. " \IIh.\/'//(/':I uf (J!d N''1'/{hlic liile
Cummings, Mc('!orc), Davis, Acho and Associalc.s, D. Bret Bianco
F,,/' I.u\ "lngl'/l's SIII"'I';u/' ('"wi, Presidill,\; ,hdF.I' Stephcl/ ('::/{!I'ga, ('l,'I'k John ( '/d."k,', .!/Lit:"s. ./uC'[!I!l'/in,'
('1J1l1I""', ./,,1711 Scg!ll, Jon /-i'[t.'dIlJClII. (Jerald R"X,'llhl·rg. Af)f(
Dan Lorill, O!;,urn-Lol'it7, LLI'
FIJI' I.'S( ('r."lil ( Ilioll. (iWT Per.::=. PI'esidelll '( 'FO
Pastcrnak. ('llsterna", I'atton
Fol' IJu\'id J'Wh'I'IIO/:.
Barry Ikuckn, !\layor, and City Council of Ik\wly
For Ihl' ('il\' o{Hl'verll' / fills
Kenneth U, Lcwis, Chairman, CEO, lind Pn·sident.
Teresa Bn'lIl1er, Associate Gencral Counsc!
For Ihmk o(-1r/lt'f'icu ('(lrl"i/'lIl/(1/I
Martin Ikrg, Editor'
Fill' The f)aill' jOl/rI7,t!
The I{ollonlhlc ROllald (;corge, Chicf.Justire
('alliorllia SlIrr,.m[' ( '(lUI'!
Kennelh Kai:i(·r. Assishmt Director
For IIIt' FIJI
Kllnnelh Melson. Director
'lich:ll' 'lukasc). Attorncy Gene!'al
r'll Ihl' CS D"!!(Ii'lJlJe'1I1 "f.ll/slic,
TIME IS OF THE F:SSf.!'ICf.!
RESPONSE RE()tJESTED BY 5:00PM FRIDAY, DECEMBER 5, 2008!
({E: 1) Fraudulent con\,cyallc{' oflitle and real estate fraud on real property commonly known 320
South Peck Drive, Beverly Hills, California, 90212, 2) Samaull vZemik (SC0894()1'J) fraudulent
litigation at thc Los Angeles Superior Court ortlle State of California, 3) Racketeering in till:
-61-
• Page 217
November 28,2008
Angeles Superior Courl, 4) Thollsands of innocent people falsely imprisoned in Los Angdcs County,
California.
( 'pulb.:1 and ullr.:prcscntcl! l',u1ic's:
I am an lInreprcsc!H(xi ind!v idllal, cill/cn orthc'ljl1itcd n:-;idcnl or the County 01'1,\\ C:ilit()lllia.
DlIIlIlt' tile' pcri,)d relevant to C\Tnh dcscrib<.X1 bel"" I was abo a resident of the city or Bever!>L II;,lb.
A. Brief chronology of organized crime actions under the guise of LA Suverior Court actions,
SIl1CC Cklober 2005 I have h<:cn se\erdy and har;lSscd under thc guise of litigation in tile l alliurilla
Superior C01111 ill S,I/I/l/Ull" /cl'llik I.W 'fJS-.j{J(Jj in Santa Monic<llalil()rlli:t. I have becn rqX:iltcd\) calic'd tn
appcar in C,Hlft: III) nunmllik \\Cfe (:l1tirely unden11llled: I have' lorcClllo large ,UI11> of
money on Icf:al e:--penscs: and I !la\c been forced to srend most of lTly day, studying the law and \'arious other
lields I'll' my o\,\n dctCnsc,
In 20!.!.7 I lI'a." drivcn (\lIt ()f my hOlllt'. the prnpcrt: listed ahm'e, in Ikl'crly flilb. 1I1ldl'l' thc Ihreat of
violence hy John Segal, rrelending to act as a judge oflhc Court. and All f'ilsternak (101I1l'r
rresident of Jllstice· Bet 'I ledck) pretending tn act a, il coul1 0tticer. while both klIC\\' all that
\\crcacting with no authority at all. out o(cornpliance and in violation of til,: /a\\.
SOllletillle in I"tc '\li ctHl1llli{1cd Ic)rced entry inlu the ilild ..tonk [1,);"s;ion"
(,fit. with no lcf:al foundation at all.
In [)eceml1."I'](1Q2 1\ It l'iLstCnlilk subjecttxllll) pro[1crty to lraudulcnt coll\'Cyancc of and proceeded III
collect some monics in e:--chan!!e '(H' the rwpel't: Ir(lrn Nivie Samaan. and keeping the flln(1.; to him'>'.."'; with no
legal l(lundatiDn at all.
\\'helll tried to 'Iilnd I'm m> rights, j was puqx)rtcdl) le)lInd in wnlcmpt Offill' court: I purportcdl: had sanctiOlh
inlhc len::; ,,(thousands of dollars mc: I hali gag pU'1)l)r1t:dly imposcd upon flle forth,: benc:lit nl'
lar!lc' c(\rpuratiOib Countf\widc. Old Republic Title. and United 'I itle, through 0: parte proceeding,.
On I \lib subjected t[l the of such I'rOl:cdures -. il1itiated by Counl!) wide. and held in a dark
courtroom in thc Los Angeles Superior Court by Judge ,Jacqueline Connor (Best kno\l'n for dcr;liling the First
fblllpart Trialm ::'OOO).llflth.;: c'l!cndar and oflillc record.
In t{Qyt:mQ.er 2007. I had a fi'audulcnt Receiver Atl. l>avid Pasternak appointed upon flle by Judge John
Segal. through another sham legal proceeding. with 4-da) notice. Att Pasternak was purportedly VC:'itc-d by Johll
VI ith unlilTlilcd pcmers to ahuse and deriving. his autlloril) li'om neither ajuJgmerH nor any seuiul1
of the Califomia cllde. n'cyond the tl,ell ofm) property I'urpurtedly on bch;I!f(lfthe (·ourt. /\tt Pasternak
ti-.llldu!cnlly incurred me \\ ,th hundreds o( dollar.; inla\ liahilitles. since hl' colketcd the full
proceed" O!'tlll' ,ale, and dekrred till' !1aYl1lCm o(I:1\c"
()n I2c:c:<:Il.. was subjected tn anot;ler c\ p;H1e pru<.:edurl' I()r gag order.-.. lhb tilllc' irlltialed b) At!
Pasternak. le)r tllo; bc:nc!it of \1ara FSCf<l\\ and I :nitcd Titlt:..
In ij;bru<!0:£(108, I 'sas fraudulently threillened with jail time by .Imlg(' Terry Friedman, tryi11t' to rrevent Ilk'
from exposing the fraud in Countrywide involvcilll'nt in this case.
I receivd death thn:ats <t l'ouple oftirne. the tirst in fvlareh 2007 .. when I loeated a !()rmu senior underwriter of
l'oluHrywide ill 1\'1arch 2007, which Countrywide did not wan! me to CV"Cf' locate...
Why'.'
By Novcmher-Ikccmbcr 2006 I ligured out the nature of the conduct ofSheppard Mullin, representing Nivlc
Samaan. suHieiently well. to understand thaI they were fabricating fmuJulcnt claims again:;l inC. In co:lusion with
.Judge Jacqueline Connor <md Countrywide they were tirelessly toi ling to defraud ITI<:' out of my home under
the guisc of legal action in the Los Ang<:les Supel10r Court.
• Page 217
November 28,2008
Angeles Superior Courl, 4) Thollsands of innocent people falsely imprisoned in Angeles County,
California.
( 'pulb.:1 and ullr.:prc\cntcl! l',u1ic'\:
I am an lInreprc\c!H(xi indiv idual, cill/cn orthc'ljl1itcd re,idcnl or the County 01'1 lh C.ilitcJlllia.
DlIIlIl)' til(' pcri,)d relcvant to C\Tnh dcscrib<.X1 bel"" I wa, al,o a resident of the cit) or 13cverl>C Ij;,lb.
A. Brief chronology of organized crime actions under the guise of LA Superior Court actions,
SIl1CC Cklober 2005 I have h<:cn sel crdy and har;lSscd under thc guise of litigation in tile l aillurilla
Surerior Cnlll1 ill S,I/I/,/Ull ,'/crnik I,W 'flS-.jljfJj in Santa Monic<llalil(Jrlli:t. I have been rq)ciltcd\) calic'd tll
appear in Cl)urt: III) nunmllik ))ere 1:l1tirely llndcn11lllcd: I havL' !orcClllo large ,Lin» of
moncy on Iq:al c:-.penses: and I !la\c becn forced to sl'end most or 1Tl) da), studying thc lal) and \'arious other
I'll' my o\,\n de tense,
In 20!.!.7 I lI'a." driven ,Iut 1)1' my hOlllt'. the prnpcrt> listed ahm'c, in Ikl'crly f lill:,. 1I1lcln the Ihreat of
violeilce hy John Segal, rrelcndinic' to act as aludge oflhe Court. and All f'ibternak ilo1Tll'r
rre,ident of Jll\tire' Bct'I ledck) pretcnding tll act a, il wUl1 0ttiCCr. while both klIC\\' all that
\\ercaL'ting with no authority at all. out p(cornpliance and in violation ofth,: Ia))
SOlllctilllc ill lette '\li ctHl1llliocd Ic)rced entry inlu the ilild "tOCI\.: P,);s,,,,';ion"
(If it. with no foundatiol\ at ill I.
In 1\ It l'iLstCnlilk suhjecttxllll) prorcrty to lraudulen( coll\'l'yanee of and proceeocd III
collect somc monics in c\c'hal\!!c t()r the I'fllpel't) 1i'(Irn Nivie Samaan. and keeping the I'll ncb to him'>l'I'; with no
legal loundatiml at all.
\\'hclll tried 10 ,Iilne! I'm m> rights, j pllqxH1edl) le)lInd in Cllnkillpt of tile court: I r·urportedl) had sanctiOlh
inlhe len::; ,,(thousands of dol lars me: I hali gag orders pU'1,ortedly imposcd upon flle rorth\: henc:lit 01'
largL' cnrpuratiOib Old Rcpublic Tille. and United 'I itle, through 0: parte
On I \lib subjected In lhe t\r:;[ orsllch prOl:Cdllfl:' -, initiakd by Counl!) wide. and held in a dark
courtroom in the l.os Angeles Superior Cnurt by Judge ,Jacquelinc Connor lBest known for dcr;liling thc First
fblllpart Trial In ::'OOO),llflth.;: c<llcndar and olllhc record.
In t{Q.vcmQ.er 2007, I had a fi'auduknt Receiver Atl. l>avid Pasternak appointed upon flle by Judge John
Segal. through anothcr sham legal procceding. with 4-da) notice. Att l'a,tcrnak was purportedly ve:slt.'d by Jolm
VI ith unlimiled pcmers to abuse and deriving. his :lulhoril) li'om neither aju,lgmentnor any sectiun
of the Califomia cllde. n'eyond the tllell orm:- property purpurtedly on bch;I!f(lfthc ('ourt. Att Pasternak
ti-.ll1Jl1lenl[y incurred me \v ,tb hundreds ol'thousands 01' dollar.; in la\ liabilitll'\;. since he colkclcd the full
proceed" O!'tlll' ...ale, and dekrred till' !,aYl1lCm O(I:1;\C"
()n I2c:c<:Il.. was subjected tll anot C\ p;H1e pru<.:edurl' I('r gag order.-.. lhb tilllL' irlltialed b) At!
l'astlTna!i.. lelr tile bc:nditof \1ara FSCf<l\) and I :njkd Title..
In !j;bru<l0:£fl08. I '"as fraudulcntly threillened with jail time by .Imlg(· Terry Friedman, trying to rreventllk'
from exposing the fraud in Countrywide invo!vclllL'nt inlilis Cllse.
I receiv.:d death tlm:ats <t l'ouple (,ftime. the tirst in I\'lareh 2007 .. whell I located <I !()rllllT senior underwriter of
l'oluHrywide ill 1\'1arch 2007. which Countrywide did not want me 10 CV'Cf' !ocate".
Why'.'
By Novcmber-lkcemhcr 2006 I tigured out the nature of the conduct ofSheppard Mullin, rcrrcscntiog Nivle
Samaan. sutticicll!ly well, to understand thaI they wen: fabricating fmuJulcm claims again:'l me. In co:lusion with
.Judge Jacqueline Connor <mJ Countrywide they were tin:lcssly toi ling to defraud ITI<:' out of my home under
the guise of legal action in the Los Ant:eles Supel10r Couri.
-62-
• Page 3[7 :'0, 2008
I had no hackground and no I(.llmal tr<unin,; in the law, cconomic", banking or mortgage lending, and verby
JanllaQ1illl], I i1gured out the business model ofCountrywidc and the nature Mozilo aCId Sandor
Samucb' tl'aucluknt conduct sufticiently well that I filed complain!> with t!k; FBI. mid then db" Il'ith
Rcgu!alLlr, such as Office ofThril1 Supervision and Officc or!'cckral Tr<lr!c Conllnls:,ion, I c1aimcd that
COllDtrY\\IJc in\nlved fraud agaill'.t the Ii,S. Govcrnment and the
By Marcll 20011 was ,It'k 10 comc lip with initial mugll cstilll:llCS. Ilhicil imJicall:d pot"nlialliahili:,y to thc I :,S
t ;OVL'fnmcnt in the hundred, of 01 dollars (ill rctro,pect - a conservativc estimat,c l. I ,tlso II rotc a series of
open kIter, to 11K: Board of Dircctor;; of the IltJUSC ufJlbtice - Bet Tzcdck, I wam..:d them that an ,xganiratio[1
thai purport', to hc thc "I lome l,(Justice" lllust never allow Sandor Samuels to he the I'residclll ufilS Board of
Director" I \Iamcd litem that he I\'as pcrsunally jll\'olved in fraud against me, and that lens ut uf
\\01i1c1loose thclr homcs iL, a result business activities (in retrospect a conservative estimate). [kt
Hoard of Directors ncver respont!.:d to my alarming messages. But Countrywide, Sandor Samuels. zlI,d
Angelo Mozilo did. They retained Bryan Cavc, LLP, to harass me, to retaliate again;;tllle, to intimidate m<:, and
In supervi,e the rervt:r,ion ol'justiee under the guise of litigation in tllC [.OS ;\ ngeles Superior ('OUII.
()n Julv (). 2007 such c:Hnp:lign was initiated with an parte arpearaneL' , Il)r a gag order againstlllc in the
courtroom of Judge Jaequelinc Connor, II ho remallleJ in chambers - llllwherc to be scell - \\ ilh no rc<.:ognii'llblr:
c1crh. of the coun III attendancc.
By mid- 2007 and more so by the ol2(lOQ lligllred out the businc:,:, model nlthe' Lo, Angeles
Superior COUl1 sutlicielltly well thaI I understood that Suml/e/ll \' Zcmik f.'iCOS7.JOO). in fact never vIas it truc
elSe of the Superior (:oUr! of tile State of ('alifl)mia. bUI instead, a cas<: of the "Entc/'prisc Tnlck" of thc l.ns
Angcle, County judiciary. designated a, SUdl by Judge Jacqueline Connor even hct(I[C till' ClJl1lplaint was filed,
1gr..l\lually learned morc aoolll Sustain. the I.os .'\ngeles Superior Coun' s computer system, realizing that such
sJstem was quintcssenlial1\Jr the operations of the Entcrrrise in the 1\lrm it is manill'stcd toJay.111is system was
procured alld installed around 1985. out ol'col11pliance and in violation of the law, b) a company by the ,alllC or
similar name (Sustain or Sust.'lined), which is solely controlled by Ihe Ihily ,Journal. the largest legal newsraf'cr
ill Los Angles. a fact that is apparently unrecognizeJ illlhe legal community. Around tilt: same tirnc. the
Honorable ROllllld George, today Chief ltLstiee 01 the Calif\1mia SuprcJllL' ('our!, hl'ld leadership
in the Los Angeles Superior C01ll1.
B, Beyond Real Estate FnllJds - the ICim[lart Scandal
In recent months, I tried to better understand the scope of operations of tile Enterprise beyond rca, cslatc and
other litigation !i'auds, and the unique position of Judge Jacquelinc Connor relative to organized crime in Los
:\ngek", I studied the history lIt the Rampart scandal (1998-2000), euphemistically named the Rampart-Area
Corruption Incident. The Bluc Ribbon Rcvie\\ Panel repon (July 200(j). makes it ahunda11lly clear that the
,ICII\'llies charaCleristic oftllat scandal were never lil11ih.'d 10 the Rarnparl area. and and probably still arc
endemic, not ;m i,olalL'd incident at all.
['lIrlhennorc, [s(IOn r<:ali/cd Ilhat tile main goalll'il.'. of the authors l)f that repOr1: FiN· tll docuHlent what thc:,
called the ",mlJw/t o( (o/eratcd i/1 (he remlis" offhe t A County justice system and second, to
documenl hOlI slli:hjustic<' system is preventing the Irom long tenl! false imprisonment ufthe 11l0llsands
of people. \1 ho were rcpeatedly confimled by "ever,11 successive investigation cOlTIlTlitt,:cs as innocent hUl fr:UT1\:d,
1-:1'<:11 today, len )1:3rS after the scandalll'as e,\.posed, nobody knows the exact scope of it.
Erwin Chemerinsky, today FOlU1ding Dean, Irvine Law School, described it already in :}(){)() as flJ!lO\\S:
'Any analysis of the Rampart scandal must begin with an apprectiJ(lon of the tlelnous
of what the officers did This is conduct associated with the most repressive dictators and
poilce states "
And (}avid Burcham, Dean of the Lovala Law School, with Catherine Fisk wrotc ill 2000:
" .,judges tried a;d sentenced a staggering number of people for crunes they did not commit.
How could so many partiCipants In the CfImmal justice system [lave failed to recognize
• Page :J!7
:'0, 2008
I hJU no hJckground ,md no !llll11:11 lI·alllin>; in the IJw, cconomico, banking or mortgage knJing, and \c'l bv
JatlllaQ1illll. I i1gured out the busi ness model of Countrywide and thc nature of Muzikl alll! Sandor
Samueb' tl'auduknt conduct sufticiently well that I Ii led complaint, with tIK: FBI. mlei then aI" I ,,·ith Bill1k
Rcgu!alLlr, such as ()f1ice of rhril1 Supcrvi,iol1 and Ofllcc Tr(l<k ConllnJs:,i"n I cl.iimcd that
COllDtrY\\IJc in\olvcd in Iraud agaill<,( the Ciovcrnmenl and tlK !\tIIeIlC,tI1 tilx-pa,cr.
By Marcll 20011 was ill'k 10 comc lip \,itl' initial mugll cSlilllill,'S, "hidl imJicUl<:d r.ot"'ltialliahil,.y t,) the I: S
t ;ovanmcnt in thc hundred, of 01 dollars (in rctro,!XYI . a cllnservativc l. I ,lIso \\ rotc a ,erics of
opcnlctter, to 11K: Boaru of Direcloh oflhe IltJlN; UfJlbticc - Bet Tlede!':. I wamed thel1l that an ,xgani/ation
thai purporh In hc' lhe "flume l'fJusticc" must never allo\> Sandor Samuels to be the I'residcnt (If its Board of
Director,. I I\amcd IIlclll that he ,\"iJS personally jll\'olvcd in frauu against me, and thaI lellS (II (If
lilfllilie, W0111c\ loose Ihclr !Jomcs iL'> a result of business aeti\ ities (ill n:trospn'! a conscnat i\e estimate). [leI
Hoard or- Directors IIcvcr responckd to my alanning messages, Bill Count,: wide, Sandor Samuels,
Angelo Mozilo did, The)' retained Bryan Cave, LLP, to harass me, t(l retaliate againslll1e, 10 imimidate n1<.', and
to supcrvi,e Ihe rcrvcr,ion ofjustice under the guise of litigation in Ille Los:\ ngdes Superior (·(Hill.
()11 Ju" (J, 2007 such carnp:lign was initiated wilh an parte arpearam:c , tl)r ,1 gag ordn ilgalllSt mc III the dMk
courtroom of Judge Jacqueline Connor, remained in chambers - nuwhere to be seCil - \\ ith no rccol,!ni,jJble
cierI.. of the coun IIJ attendance,
By mid- 2007 and more S0 by the ol2(lOQ lligured out Ihc model ol'thl' Los Angell"
Superior COUl1 slltlicielltly well thaI I understood tllat Suml/e/lll' Zcrnik fSCOSc.jl)()j. in never '\ilS a true
ClSe of the Superior Court of tile State of Calitl1mia, but inslead, a 1:;1:>l: of Ihe "Enterprise Tnll'k" of the Los
Angele, County judiciary. dcsignated a, Slidl by Judge Jacqueline Connor even bdlJrc till' Cl)ll)plaint was filed.
1gr..lt1l1ally learned morc aboll! Sustain, the I,os .'\ngelcs Superior COUll'S computer system, realizing tilat such
s)stcrn was quintcssenlial1\Jr the opcrJtions of tile Enterrrise in the t\lrm it is manill'sted toJay.111is system was
procured and installcd around 1985. oul or'compliance and in violation afllte law, by a company by tlte ,al1lC or
similar name (Sustllin or Sust.'lined), which is solely controlled by the Ihily .Journal, the largest Icgalncwsrilpcr
III Los Angles, a fact that is arpar.:ntly umecognizeJ ill the legal community, Around tile same tirlle. the
Honorable HOIlllld (;('orge, today Chief lllslic..: of tile Callt<1nlia SuprelllL' ('ourt, hl'ld leadership
posilions in the Superior ("ulili.
B, BC\ond Real Estate Frauds - the lumnar1 SClindal
In rl'cl'1l1 months.l tried to better understand the scope of operations ortbe Enterprise beyond rca estate and
other litigatilln jj'auds, and the unique position ofJlldge Jacqucline Connor relative to organized crime in Los
:\ngelc, I studied lite history <'t thc H.amJl:lr1 scandal (1998-2000), euphemistically named the Rampart-Area
Corruption Incident. The B1uc Ribbon Rcvic\\ Panel report (July 200(j), makes it ahllndill1lly clear that the
ilctl\'ltics dliiTaClcri.,lic or llml ,cilrlual were nc\'er limilL'tJ to Ihe Rampart area, and and probably slill arc
endemic, IlPI ;In i,olatl'd in.::idclll ai all.
r'urtllcnnorc, (,,'on reali/cd ,\hatlhe main goal lVii', ofth.: authors 1)1' that repor1: First - tll document what the:,
called lite ".I"lilnult (olera/cd il//lte of the I A County justice system and second. to
doeumcll! 11m, such justiCe' system is Pf\?\ t'J1!ing the rclea.>c from long tenn false imprisonmcnt urthe rhOllsanJs
or rcoplc-, \\ ho \\ere rcpeatedly confimled hy sevcr,11 succL'Ssivc investigation as innocent hut IrillTh:d.
Evcll today, tL'n years after the ,candal WilS e'.\posed. nobody h.nows tile exact scope of it.
Erwin Chelllerinsky, today FOtUlding Dean, Irvinc l.aw School, described it already in :}(){)() as IlJllo\\s:
.Any analySIS of the Rampart scandal must begin with an appreCiation of the [lelnOUs
of what the officers did This is conduct assoaated with the most repressive dictators and
police states "
And (}avid Burcham, Dean of the Lovola l.aw School, with Catherine Fisk \\'TOlC in 2000:
" ,.judges tried a;d sentenced a staggering number of people for cnmes they did not commit
How could so many partiCipants In the cnmmal justice system have failed to recognize
-63-
• Page 4fT November 28, 2D08
or to Instigate any meaningful scrutH1Y of such appalling and repeateej perverSions (,f
Justice?"
C The case management system as the enabling tool of the Enter[lrise.
tvl\ n:aJlll;: (l!the Hille Ribbon Ee\ic\\ Palle! i" that th.: iik\: C\"'lIllitrc,'\ hll'l)rl' if.
and like the public':H large III LA County, were denied access to l1Ubiic records that arl' thl' Boob ofCourh
oflA C'\1UI11) Superior Courl. SUt:h pubiic Rct:ords, critit:al f(1r thc safq:,uJld of the intc:grit) <'rthe
courts, llowevcr, such Book of Court are since 1985 implemented in Sustain :lIld off lilllib 10 pubic· a
rnas,,-scak routine ami continuous abuse of civil righ!'> oral I who live in LA Cnunty, by the [,,\ Co Lint)
Court itself. SUch abu,\: is lolemted by tllC U,S, Department ot'Justice. who fails 10 pcrl<lrln ih dU·.ic\,
I also belit:ve 111al til': lack. UrdCCCSS to such pulJlic records is a l11<1in handicap in thc operations llfthe ollicc of the'
(hers..:cr nf civil right, in I /\, U,S Judge Gary Fees", appoIl1[e,1 pursuant tll tile Conscnt Deere..: o['2110 I, (\1y
reading oftl1<.' rcport' \va::- that b) 20().j he \\;l'i try ing. lm"ucet:"sfull) to t:stahllsh access to SlIch data hases. and
his dcl1I<Ulds iglHJI'ed by tht: 1/\ Count} justice ;;)Sl<:m, to sa). I hclit:vl.: thJlthc O,cGel.:r, in his
\'ears in oflilT, IlC\l'1 flc,:c1 e\ c:n one single of the thousanlb who an: falsel: impri',0ned.
the tai lurl' orthe l i,S, Departmcnt of justice to enlorce the basic civil right fi.lr Books 01 COllrt that an:
Public Ikcord,. free 1\11 the public tn inspcct <Uld to copy, also paints LJ ,S, law enforcement agencies as il111xltent
in 1 ;\ ('olint) ,illl'C they canllot enforce the Consent Decree thaI \Ias the outcome of the yielding orlle Citv of
L,,\ ,1I the l i.S, Govcrnment in 2(JO I
Thl' ,lclion take-over ofcontrol oflhe I j\ County Superior Court's computeG by r'cdcl:{1 Agencies, i, a
relatively simple' t:.l'ik, It ml'i practiced repe<ltcdly in recenll1lontlt'i ,lilYtime the U,S, Govcnllnentlook over any major
'ililing institution, Surely t1.:re are unit; filii) prepan'xi in Department orthe Tre.:1.sury. [t is an or::ration that
can be accomplished o\cmighl., ,at minimal risk and cost. and with major posilive impact on the lili.' ofindi\idual anJ
the nile (11' 1,,\\ in 1,:\ COllilt:
D. Unanswered Ouestion,
I) L4 Superior ('ourt
I have lx:en denied to fIly own litigation records in SustainthrLlllghollt this purported litigation, and I hold
that had [ been allowed access to Sustain. or it could evcr havc happened,
SinC\: )ullc}008. the oilice of Judge of the Los Angeles Superior Court Stephen Czuleger ha; been
rc!llsing to anSIR'r the simplest qucstions:
• Is Samaan ,Zernik (SC087400) a true case of the California SUllerior Cuurt?
the .\ill/r1esl answer wn/l/d hu\'(' bi!Clllo U/lllll' me (lCc!,!ss Ihl'uligh SILI'tJill!O Ih,: HO'lks (jl
(', Ill/I, du; Index uJ A/I Cw'es ( 'u/endi/r J '1Ih,' (', /Uris, Lie Jhu II .HilI ,kni",,"
Is thlTt: or there an entered, effectual Aug 9, 2007 Judgment in Samaan \' Zernik'!
! \I iLl I'u/>!>",I u,llll.\' hum,; !!lIfJ)urletih'llllr,l /Iii/II !' J .\I!chjudgment [Jur il is "0\ 'iO/lS that lin
si/th \'{Jlid ,'(!ctlllili ,'xis!s
h theft' or isn'l thne a jUdge duly assigned to Sam<lolll " Zernik
.f1l,1:>:<, Tcrry !"ricdmoll sid/ hol<!l rht' file, (1IId ,:olllinws his mck"I/:CI'illg./t'ol!! /Ji,' i'e'lId!
}! A1arlin Nerg Joumal. Iilld ROllald George - ChiefJustice oftlce CaJijfJTIlia Supreme Court
Mr Martin IIerg, l:ditor of the Daily Journal. and the Honorable Ronald George, Chid justice. Cali'\mli:l
Supreme Court have failed to as well The questioilS addressed to them was and is:
• \Vhat waslis your role in the design, insbillation, maintenance of Sustain in LA Superior Court'!
• Do you hold the operation of Sustain. as seen today, in compliance with the law?
• Do you consider Ihat II public disclosure on )'our part in this matter i'i required?
• Page 4fT November 28, 2D08
or to Instigate any meaningful scrutH1Y of such appalling and repeateej perverSions (,f
Justice?"
C The case management system as the enabling tool of the Enter[lrise.
tvl\ n:aJlll;: llithe Hille Ribhon Ee\ic\\ Palle! i" that th.: iikl: C(l!I11l\itre,'\ hll'l)rl' if.
and the: public':H large III LA County, we:re denied (lece,s to l1Ubiic recor<h that arl' thl' Boob ofCourh
ofl A C'\1UI11) Superior Courl. Such public Rc(ords, critical r(1r thc safq:,uJld of the intc:grit) (,rthe:
courts, llowevcr, such Book of Court are since 1985 implemented in Sustain. :lIld off lilllib to pubic a
rnas,,-scak routine ami continuous abuse of civil righ!'> of all who live in LA County. by the [.,\ CoLint)
Court itself SUch abu,\: is lolemted by tile U,S, Department ofJustice. who fails 10 pl:rl<lrll1 ih dU.i"",
I als,) believe tllal tile lack. UrclCCCSS to such pulJlic records i, a l11<1il1 handicap in the operation, llfthe ollice of the'
(),crseer nf civil ngIH:' in I /\, U.S Judge Gary Fees", appoll1le,j pursuant to the Consent Decre\' ol':2110 I, (\1y
of til<.' report' \va:=- that b) 2()(),\ he '\;l'i try ing. un"ucce"sfull) to estahllsh aeees" 10 SlIch data hase", and
his dCl1Iallds iglmred by the 1/\ County justice system, tu sa), I helieve thJtthc (heGet:r, in his ,<'vcn
Veal'S in oflil'C, IlCwr frceel CI c:n one sinl;lc of the thousanlb IIIHl an; falsely impri"oned,
I'herdllrc, the tai lurl' uf the l j .S, Departmcnt or justice to cnlol'ce the basic civil right fiJI' Boob ul COllrt that arl'
I'ubllc Ikcords. free 1\11' the: public to inspcct <Uld to copy, also paints U.S. law enforcement agencics as il111xltent
in I ;\ ('olint) ,iIlL'C they cannot enforce the Consent Decree thaI \Ias the outcome of the yielding GfllC Citv uf
L,,\ III thL I ;.S, Government in 2(JO I
Thl' ,lclion take-over ofcontrol oflhe I j\ County SU[1Cr1or Court's computeG by r'cdcl:{1 Agencies, i, a
relatively .,il11pk· t:.l'ik, It ml, prdcticed repe<llcdly in rcccnll1lonllt'i 111lytirnc the U.S. Govenllnenltook O,er any major
institution, Surely there are unit; [illl) prepun'xi in Department of the Tre.:1.sury. [t is an or::ration that
can Ix; accompli:=-llcJ o\emigill. "at minimal ris" and cost. and with major posilivc impact on th..: Iill' of'individual anJ
the Illlt: (11' 1,,\\ in 1.:\ COllil!:
D. Unanswered Ouestion,
I) L4 Superior ('ourt
I havc lx:en denied to fIly own litigation rccords in Sustain throughout this purported litigation, and I hold
that had [ been allowed to Sustain. or it could evcr hal'<.' happened,
SinC\: )ullc}008. the otTice of Presiding Judge ofthc Los Angeles Superior Court Stephen Czuleger ha, becn
to anSIR'r the simplest qucstions:
• Is Samaan ,Zernik (SC087400) a true case o[ the California SUllcrior Cuurt?
Ihe .\ill/r1esl answer lI'nll/d !Iu\'(' bi!Clllo U/lllll' me (lCc!,!ss Ihruugh SILI'luill 10 Ih,: HO'lks ,).1
(', Ill/I, 1111; flldn uJ All CW'!!S ( '<1lcnJor, I/'}h' (', JUris, Lie lhu II .HilI deni",,"
Is thut: or there an entered, effectual Aug 9, 2007 .Judgment in Samaan \' Zernik'!
! 1\ <LI r{)/>!>",I u,llll.\' hum!' !!lIrf!urletih'lIW',' Ih//1I I, J .li!chjudg/}/(,l/1. [Jur il is 001'iOlls Ihat 110
.I;h'l1 \'{did "fle"lIIal ,-xi.lIS
h then' or isn'l thlTe a jUdge duly assigned to Sam<lolll " Zernik
.f1l,1:>:(' Tcrry f"l'icdmoll sid/ holdl rhe file, ,1IId .:oll/inllt!s hi,\ rack,'lecrillg./t'o/J! Ih,' i','I!c'!!
?! iHartill Nag Joumal, Iilld ROllald George - Chief Justice ofthe CaJijfJTIlia Supreme Court
Mr Martin IIerg, l:ditor of the Daily Journal. and the Honorable Ronald George, ClJidJuslice, Cali'\mli:l
Supreme Court have failed to as well The questiol\s addn.:ssed to them was and is:
• What waslis your role in the design, insbillation, maintenance of Sustain in LA Superior Courf!
• Do you hold the operation of Sustain. as seen today, in compliance with the law?
• Do you consider Ihat II public disclosure on )'our part in this matter i'i required?
-64-
• Page 517
November 28 200<',
3) CoufIlrvwit!c lind /Jail" ofAmericu
Aller change of control in wide. I e;;peeted that Bank of America Corporation would PU! :In end to
this ,kllneful slory, oCwhich I havc infixmed the board of Bank of America COf1xmltion in advance,
f 100v,'\(;r. cn:n after the change of conlrpl. Cave, LLP has continued the ham'Slllcnt. jllsl it' llSlIIl, And
\ ci. in reccnt da>s it !lao, rdirscd to answCf a vcry simple question:
What is the identity of the pany represent by me in court in recent
('ol/llll11<'it/e', [I(IrA Jniglluli(jll hm all illong ht't'n (jilt' (.,flhe eardi!w! ,\igiLI dUll fhis
[uigulim! 11'1/.1 /r'liIJ ( '''1I1/111'1! ide chos,' 10 he (,<,!led ":Von-I'urll" 1I1Ii/,' I!I" JdI'I /lsed
fillrll' d,',I'iglTiitiOl!s d/l jOllr 'Plaitllitt. I JL'/cl/dal1l, ftlItTl'etw/" (Jh;,xlor, Clc.
Rt'gll·dlcss: Hrvall <' 'ave fIll/sl klllm who l'iplI'd Ihe I'n!<ugt'fllcnt, "nt/H:I/{) is !,IH'illg Ihe
hil/I
I Iherelint.: also ask the following (rom Itll1k of Americd Corporation:
Would Bank of America Corporation that no funher ahus(' is perpctnllcd in the nallle of
Country" ide'!
\"ould Bank of Americ<l Corporation review the and provide compensation for damage", I
suffered thrnugh Countl'y" ide's :Idiom?
4) USC Credit Utlion
The final steps in the the It of III > home in 1)<:1,:(:111hcr_2tH17. coulL! never have !lappent.:L! without heir Ii,,) 11 withlfl
I iSC Credit Union. ll)r no reason at all. and in violation ofth... LSC eli tiduciary dutie, to thei! dep'lSito!
member,
• What "as the justification if any, for the conduct of liSC Cl.i. ill colluding in the Iheft of home
by the Enlerpris(")
i,'i the USC CL refusing to implel1l('nl basic procedure consistent \vilh "sound
hllnking principles"'.'
5) of lIi/l.\' aflll iIY /'olicc Departmef/t
During Ihe ham'i'iOlCIll that p!L'Ceded the theft of my house, I approached the Beverly Hills Policc Depanm<.:nt tiJr
protection. on several OCC<blons, At all times. the Beverly Hills Police Department absolutely refused to provide:
protection. or to invcstigak. no matter how strong the eVidence produced in support of In> complain!
mOllth I pmvjckd the ivla> Dr and Cil) Council a short overvie\\ of the situation, "nlC foll()\\ing qucstions are
addrcs'icci to the Mayor <lnd the City Council (11' lkverly Ilills:
of the conduct of the District Allorney. WliS there ;lny justilication for the refusal
of the BenTly Hills Policc Ocpartment to protect me in this case?
Would the Mayor and City Council takf immediak action to compel the polin to pnforlll its
and pro' ide report of its imestigation as soon as possible'!
6) Bet Tzede/; HUllse 11 Juslice
Three of the individuals who played central roles inlhis stOI') of real eS\;.ltc fraud. held th,: highest positions in Bel
TI-cdck: Sandor Samuels ,. 1<')[1ner prt'Sidcl1l, David Pasternak f(Jnllcr president. Ten'y Friedman ,. fonner
executivc dircctor. Together they can be seen iL, a representation of the type oC<vide-sprcad corruption thai
undennines the justice system in I.ns Angcies County collusion of corrupt ClIrp0rdlc legal wrrupl
<lttomcys in private practice, and C(IITupt jlldges,
Would Bet Tzedek respond and inform me regarding any internal procedure for dispute
resolution?
November 28 200<',
3) COUlIlf)'Wil!C lind /Jail" a/America
i\t1ef the c11ange of control in Coulltr-:,widL'.1 ('>..peeted that Bank of America Corporation would put :In end to
this uCwhich I have ill [l)nnc:J the board of Bank of America Corporation IIlOlllh,) in ad\ancc,
f l(l\\,,'\(;r. C\'l:ll after the change uf cOillre!. Cave, LLP has (Ulltinucd lil<: ham'-;Illcnt. jll,t d' U'lIJ!, And
\ ci. in rCccllt da\ s 11 If,L' rdirsed to answer:l simple- question:
What is the identit) of the pany represent by me in court in rl'cent
('lilll/lI11<,itk', [I(IrA designulillli hm all afung net'!! Olle (flhe ('ardii/u! ,\igib iI/illlilis
ftligulim/ 11'1/.1 Ir'lilJ ( '"ul/ln" idl' cho,I,'lo hI' ('(/!ll'd ",Vnn,l'urll" 1I1Ii/,' Ihl' 1I.\,d
/'Urll' d,',I'lglTutiolls dll jOllr ['!aitllilll JL'/cIIl!al1l, !nItTI'ello/" (Jh;,;(/or, Cle,
RCf.:l/'d!css: Hrvul'/ <' 'aI''' "111011 knOll who 1'lgllI'd Ihe ,m'; H:lln is !,IH'illg ,!I"
hil/I
Ilhcrelilll.: also ask the follrll\ing Irom ibnk of Americd Corporation:
Would Bank of America Corporation that no funher ahus(' is (lerpdfllted ill the name of
ide'!
\\'ould Bank of Alllcric<l Corporation review the and provide compensation for damage", I
suffered through Counll'Y\\ :Idiom?
4) USC Credit (lllion
The final steps in the thcn oen!':- home eoulJ Ilever have ktppC'l1cd witlhl11t help Ii", 11 withlf1
\ iSC Credit Union. f(x IlO n:ason at all. and ill violation ofth... LSC eli lidllciary dUlie, to their dcp,):;itor
I11clllh:r,
• What the justilication if any, for the conduct of liSC CU. in colluding in thl' theft of horne
by the
i... the USC CL refusing to implelJu,'nt hasic procedure \\ilh "sound
hllnking principles"'.'
5) Ufl' oj lIill.\' afll! ilY I'olicc Department
During Ihe ham"mcllt that prL'Ccded the theft of my house, I arproachcd the BClcrly Hill> I'olice l)cpanmcnt tlJI'
prolL'Ction. on several OlT,btOlb, At ail times, the Beverly Hi!ls Police I:kpartl11ent absolutely refused to providt:
protection. or to investigate, no matter how strong the ",vldence prodlJCcd in support of my complaint
month I pmvickd the ivlayor and Cit) Council a short ovcrvic\\ of the situation, -nle fol 101\ ing quc,tiol1s are
addressed to the l\la)or <HId the City ('ouneilllflk'crly Iii)/:;:
Rcgardh.'ss of the conduct oflhe District Altorney. was there ;lny justilication for the refusal
of the Bl'wrly Hills Policc Ocpartment tn protect me in this case?
Would the Mayor and City Council takr irnmedialt' action to compel the poliet to pt'l'form its dutiL'"
and pro\ide report of its imestigation as soon as possible'!
6) Bet T::edek JlUllJ>c! t1Juslicc
Three of the individuals who playcJ central roks inlhis stOl) of real C5(;,lte fraud. held th,: highest positions in Lkt
Tl.cdek: Sandor Samuels ,. 1<')[1ner prl'Sidcnt, David Pa.sternak !(1ffller pn:sidcnt. Teny Friedman- fonner
excclIli\c director, Together they can be seen iL, a reprcscnlatior: of the type ot'\... corruption thai
umJcnnines thejustice system in [.os Angeles County collusiol111t'corrupt wrpomte legal Cl
1
Ullsc!S,l'Orrupt
<lltomcys in private practice, and WITlIl'l jUdge"
Would Bet Tzedck respond and inform me regarding internal procedure for dispute
resolution?
-65-
• Page 6f7 November 28. 2008
E. The SHIJIC lind cost of the prohlem _. organil.cd crime in 2\ <l ccntun
Abu,c 01' ,ivii in 1.0" i\ngde, County is on a scale that is beyond cOll1pn:hL:n,ioll. jIll' 11111.\ \\a\ 10
rationalize the :;itualloll. is thaI Los !\ngeles County wa, ahandoned b: the (j.S. (,p\lTllmClll lc:dna!
agencies lost cOlltrol to the
Such cOIlJitiollS Imbt not be allowed to persist. The cost orthb F.nterprlsc W sOl'lel) il Soull".erll
and the eCOIlOllly or the l;niled Slates is prohibitive. The emcrgenCL: or Countrywide ;1' .1 Ulrrupt
organinltion and the suh·prime crisis that f(lllll\\cJ. could 1I0t have taken place had il Illlt been I(Jr tllc'
gcnerali.o:d. fi·aud·l'ril'lldly. c'rime,plTnli,,;ivc condition, e,tahlished in I.A Count) by till' I:nt:rpriic. And
the cost to the ljS eClJ!lt\lTl) ol'the ,uh-prime ni,;is alone is in the trilliolls
1'I1I' casc sholy, ,hlcquclinl' Connor, rqlll:,enting corrupt governJl1l:IiI, <1, thl' in a
ioint clIort of Sandor Samurls and Counlrywidr . "corrupt mega corporation, ,mall time pL\ctitioners or
white collar crime such a, Ni\ie Samaan. .lac Anc Lloyd. and Victor I'arks. facilitated by large la\\ firms
,uch ;IS Shellpanll\1ullin and Bry'lll Ca\'(" 1.1.1'. And in the of such onslaught ofa fraud nl.lchinery.
<lll others yield al1djoin the Winners in a frenzl oflIaucls: I,myers, l',erOI\. regi,tmr-'reLurcler, realtors, and
consUlllcr banks.
This i, the truc face or (lrganilcd crimc in the 2!" century in LA County, Caliltlrnia.1 he collaboration ol
.... iclor rarks. Jar Anr Lloyd anel Countrywide in their f'raud again'a the liS. (jovCflllllcnt in submissinll
(01 loan applicatil\Jl", I'a" cllonlinated thruugh thc I'Ull1flukr networks of Pacil1c Mortgage Consultants,
I\I1J the mega fraud ofCountfywidc itself ill 1I11lkJ'\\llting of unworthy loan applicatillllo. WI";
maslermimh.'d b-, Edgr COlfiltrywiJe's unlknvriting monitoring which inlhis GL'ic' was
operating a,; the camouflage s-,stem for \ iolation or banking regulalions. I\nd the overall coordimttioll of
this consortium of crime \\as exerted througllminutc orders produced in Sustain the Superior Court's caSl'
l11ilnagem,.'nt system, provided by the free press .. ,the Daily .Journal.
And such massive power, United Tille, Mara Escl(}\\, Coldwell Banker 'Illd Michac1l.ibu\\, and
LSC Union. and the office of Registrar'Recorder, All Charles Cummings, At! Zaehaf] SChOrL arK' l\lt
Thomas Brown, all gave in, hoping to get some of the crumhs.
Jacquelillc Connor derailed the First Rampal1 Trial in iOOO, in public defiance of the ruk of law and the
power or the U.S. Governmcnt. Response of the U,S. Government \las inadequate anJ simply nOll-cxistcnt.
The Cc)nscnt Dccree formulated under the \latch of Alejandro Mayorlias, lhen U.S .'\l1ornc: for Central
Di,lrict uf Califomia, falsely put the blame entirely Oil the L\ll[), and len lhe L/\ Supnior C'lUI1 free to
elllllinlle the wrongs. Therefore, indketual artiee of the Overseer was made certain. /\s" resulL local
uf U,S. ag.encies arc powcrles, in L.'\ today against the Enterprise
F. I'ro(loscd Solutions:
SCtllition must come by \Yay of the L.S. Government.
\-\'jth help from the courageous Honorable Dianc Feinstein, and the llonorabk Dianc Watson,
Congrc,s\\ oman. I flrcssed the FBI and US Dcpartmcnt of ./ustice {(\ take action. I argued that the
minimal, 111<\,;t erfective \Vay [0 approach this situation is to enltlree Common La\\ 'First Amendment rights
in l.lb :\ngclcs ('tlUnly, pur,ualll to \i'OIl \' Warner ('O/llf//llI1i<·ulioll.l. f/le'. -1-'5 C..'.' .i8<) (lCJ/h'! where the
Supreme Court aftirmed "lite crmllllull'/Oll' right f!J inspecl and c0l'yjlldiciul n:,.o,.,1\ ". 1.05 Angeles
County is uniquc. I hopc, in the Unitcd Stale, in concealing the Book,; ol"Courl -the lode.' of All Cases, the
Calend:1f of the Couns. the Regislers of Actions. and the Boo" of Judgments, I that such ,1 simple
step a.s seizing the: compllter system of the court and opening: it for puhlic access, as required by la\\, Itlr the
first time in over a quarter of century. would be suflicient to effect a major change in the administration of
justice in LA COUllt), first and foremost· to the freeing orthose falsely imprisoned.
I also filed a proposal wjth the Judiciary Committees of the House and Senate, and with the L.S.
Department of Justice pertaining to computers ofthc courts in the United States, meant to ensure that slich
prohlems are not seen in any court in this country again.
• Page 517 November 28. 21)08
E. The Sl"OPC lind cost o[the prohlem _. crime in 21" ccntun
,\bu\c ol'ci.,.ii in 1,0" !\[lgde, County is on a scale that is heyond cOll1prchm\IPI1. 111,' Pill.' I\'a\' to
rettionalilc the is that r.os !\ngeles County wa, ahandoned b: the I j.S. (;L'WrlinlClil I <:dn;t!
agencies lost cOlllrol to the i'.rlterrrise
Suell LOlldttiollS Ill\h! 1H1t be allowed to persist. The cost ol'thl:> Lnterprlse: \(\ il SUlIll.erll ( ,tll!<Jlllt;\
and the CCUIIOIll) Mthe lillited StCltes is prohibitive. The emergence oITolllllr,\\'ide ;1- ,11:orrllpt
organinltion allll the sul1-prime crisis that f(lllll\\eJ. could nol have taken r1aec had il n"i bct:r1 lor til"
gcnerali,o.:d. li·aud-l'ri,'lldly. 'Time-plTlilissivc conditions c-;tahlished in I i\ Count) bl illl' r:nt.'r;lIl,c ..\[ld
tile cost to the eCOf!pmy ol'the "lIb-primc ni,;is alonc is in the trillion> 01' d,lllar>
casc ,hOI" ,hlcquclil\(' Connor, r!.:J11c,ellling corrupt governmcnl, till' p;tr!\ ill a
i<.>int ctlur1. of Sandor Samuels and Countrywide .t corrupt mega corpnration. ,malltllllc prc\ctitio::cr, of
white collar crime such Ni\ic Samaan. .lac :\rrc Lloyd. ilnd Victor I'arks. fac:ilitatcd by large I:\\\' linns
,uch ;IS Shellpanl Mullin and Bryml C;1\ r, 1.1.1'. And in the of such onslaught 01 a li'<lud m.lChiIKTY.
,liluthers yield alldjuin thl' \Vllll1ers in a Ilell/l \lftr,llIds: la\'.yc;rs, l'serOI\'. rcgiolmr.'recorcler. rcaltor", and
C'1I1SUmer banks.
This thc true face of LlrganllcJ crimI: in the 21" cenlllry ill LA Cuunty. Caliltlrnia. '1 lie collaboration 01
.... ictor rarks. Jae Anr Lloyd and Countrywide In their l'ratld agilin';( the liS. (jovcrlllllcnt ill
,of loan applicalil\Jl", I'a" n,ordina!c'd IIi III ug It thl' cOlllputer lIet\\'orks of Padl1c Mortgage Consultants.
and the mega fraud ofCountrYI\IJe il:.cll ill of unworthy loan
masterll1indcd b: Edge ('olllllrywiJc's un,kn\riting ITloniroring whieh in this GL,e' was
o pcrat ing as the eall1011 tlage S1 stem I(lf \' i•.llati,'n 0 r banking reg.ula! ions. i\ nd the overall coordimLtiol1 PI'
this consortiulll of crime \Ias exerted through minutl' orders produced in Sustain the Superior Court's Cibl'
1l1,lIla:;enlt'nt system. provided by the fret: press ... the Daily ,Journal.
:\IHI such massivc power, United Tillc, Mara her(m. Coldwcll Ban"cr <llId Michael Libu\\', and
lS(' Unioll, and the office of Registrar'Recorder, All Charles Cummings. At! Zachaf) Schorr. aile' -\ tt
ThllIU<lS Brown, all gave in. hoping to get somc of the erum!>s.
Jacquelille Connor derailed the First Rampal1 Trial in iODO. in public defiance ofth.: of la\\ and the
powcr or the U.S. Government. Rcsponse orthe U.S. Go,crnlllcnt "as inadcquate and Simply nOIl-cxistent.
'f hc Decrce formulated under thc 1\ ateh of Alejandro Mayorkas. then I.'.S .'\ tt, ,me) for Central
Di,trict or California. falsely put the blame entirely Oil the L\I'[). ,mil len the L,\ Slipnior CI1Ul1 free to
(lllltinlle the wrongs. Thercfore, indkctual artice of the (hcrsl'er \1<iS made eert<tin.. result. local
01' U.S. agencies arc in L'\ today agair:st the Fllle:rprisl'
F. I'ro[loscd Solutions:
S(lllllion must come by \Yay of the L.S. Government.
\\'ith help from the courageous Honorable Diallr Feinstein, Jnd till' i 10n0r,lbk Diane Watson,
COfl);ressY\olllan. I pressed the FBI and US Department o('/usticl.'!l' take' aetilln, I «rsued tllat the
minimal, must crfcl'livl' 1\,;1> tt' approach this situation is ll\ Cnltl[Ce Common La" 'First Amendment rights
inl.lb .. \ngcle' C'llln!,. pur,u3nt to \">:<)11 \. ('O/Ilf/llll1i<'ulioll.l. Ill,'. -/351...\' ,i8<) (lCJ7h'! where thc
l'.S. Supremc ('"url ;tflirml'd "Ihc C()nlll/(Hl-/O\l' right f!J inspecl und c0l'yjlldiciu! !'<xorJ.1 ". 1.05 Angeles
Counly is uniquc, I hope, in the Unitl'd Slales in concealing the Books ot'Court -the lnde.\ of A II Cases. the
ofthe Couns, Ihl' Registers of Aetiuns, and the Boo" of Judgll1cnts. I tllat such ,1 simple
step a.s seizing the COI1l[llller syslcll1 01 the cour[ and opening: it for [luhlic access. as required by lall, !tlr the
first time in over a quarter of eelltury. would be sufficient to effect a major changc ill the administration of
justice in LA Count). first and foremost· to the freeing ol'those falsely imprisoned,
I also filed a proposal with the Judiciary Committees of the House and Senate, and with the LS.
Department oflu:iticc pertaining to computers of the eourts in the Unitcd States, meant to ensure that stICh
prohlems are not seen in any court ill this country again,
-66-
• Page 7([ November 28 2008
(;, Res[)onsc hv U.S. Officers to Proposed Solutions:
rv11' Kenneth :\'lc1son, Director. U,S. Department of Justice. linally respol1lkd and rcltlSl:d to take
claiming concern aholll interference with ongoing investigation hy the 1·'131. rvlr Kelllleth Kais('r. ,\ssislalll
Dir"dur, Clicnillallll\cstigation. 1'f31. linally res!)()ndeel and n.:fu\cd t(l inslitute an in'vC'.lii!<lti"n.
thaI I have nevcr dcmonstrated ''/''dcra! illVl'SJigul/ul/dl /urisdidiul/"
It. !tell lIest fur" Uti r illl IJlrdiatr response:
l'ka.. ".: let me h.1111\V ho\\' you would help damages, lot,ding ll\er 'S2.o millions todil}. i, .',till
lawtlilly listcd inl11y name. but wlOngti.llly occupied by hi\il' S,mWLln and .lac J\rn: Lloyd.
Public polio eonsiderati(.lls, underlying the pcrsllnalmaucr Jiscw.,scd llt.'rc. Illlbt ensure lila: thl.' is.':ue·, ar,' placd
at the hi!:,hcst rriority with thc incoming administratioJl
Beyond the property of all individuaL this matter n.:rrcscnts the <lbuse 01'9.5 millions who live in 1:\ (, 'lIl1l) ami
have been <lbandoncd by thc t I.S. gOl'cn1mcnt in the rast tlcl,atk, allowing the 1./1. Superi( 'I' Cuurt ,mel ib judges
to engagc in abuse of loA Count) citizells. under color of 1all It is l'\act Iy tlli, I) pe of ahlbl' tllat is the ,"lIt) of the
l i.S. (jO,Cl'llilICllt and Its ollicL:I' to pnJ!l'l'! .... itir:cI15
We who live i 11 1.1\ County arc derrived lJf due procc,s, depi ivcd Ill' to thi.: Ulurt." ,1I1d depri .... ed of filiI' t"iill
for ,.vcr a quarter of a cemur)
nle COl1tillucd irllprisonl1li.:llt oft!losc \\h<1 \\eTC sh(\I\n to have O<:CIl framed l1lu<;t Jlut h: allUlwd!ll
continue. It i, a disgrace 10 all U.S. citi/ell". aml all pellpl" or good lilith.
Sisned un Thanksgi,ing Day. the nih of;\o\cmo<:r, 200R, ill L.llS ,\ng<:k's COllnt).
Joseph Zernik
TIME IS OF TilE ESSENCEl
RESI'ONSE REQUIRED BY 5:00PM, FRIDA Y, DECEMBER 5., 2U08
, Copies of the grant deeds produced by Att David Pasternak. former preSident of House of Jusbce - Bet TZedek.
purportedly approved by the LA Superior Court. and then filed in tile office of Reglstrar/Recoraer. can bll Viewed at
b!1l211w'ww Inproperinl<.J -fraud-in-qrant-deeds-s QQ.!
The fraud In such actions was confirmed by an opinion letter of Ve:er<.Jr. FBI agent James Wedid< by the Us
Congress. the U S Attorney General. and the Director of the FBI. for hiS cOlltnbutlon to sternmlnq pU£Jlic ':A)n1.Jp\lOn on
California govemrnent
ce.
James Wcdick
Judiciary Committee of the U.S. llouse of Rerrcscntativcs
Judic-iary Committee of the U.S. Senatc
Office of President Elect
Ortice of Vic.:: President El,XI
• PagE- 7([ November 28 2008
(;, Rcs[)onsc hv U.S. Officers (0 Proposed Solutions:
Kenneth :\'lc1son, Dircctor. U,S. Department of Justice. linally respol1(bJ and rctusl:J to take
claiming conccrn ahoul interlcrcncc with ongoint: inve:;tigrttioll hy the 1·'131. Kenlleth Kais('r. ,\ssistalll
Dir,'dur, Clienillallll\cstigatioli. 1'f31. linally rCSI)Plldcd and r..:fu\cd Ii' institute an claimiil!:
that I have nevcr demonstrated ''/i'dt'l'u! illl'l.'sJiguI/rJI/,t! Jurisdidiul/"
It. Relillest for" Uti r illl IJlrdiatr response:
l'ka.. ".: lei me h.I1U\V hO\I' you \\ould help damages. lot,dillg el\cr 'S2.0 millions tOdil\·. i1r"l't'rl> "",till
lawIllll) listed in m} name. but wrongti.llly occupied by hi\i(' S,mWLln and .lac I\m: Lloyd.
f'ublk polin (:(lnsiJcratil..ns. underlying tile pc[Sunalm,nter II<:rc. 111lbt ensure lila: [hl' ;ll,' pl,H:<:-I
at the 11igllCSt rrinrity with tile incoming administratiull
Beyond the property of an individuaL this matter n:rrescnts the <lbusc ofY.5 millions Ilhn live in 1:\ C, '\JIlly ,tnl!
have <lbandoned b) tilc tiS govcmll1cnt 1!1 the rasl dCI.'au::, allowing the I /\ Superi( II' Cuurt ,md ib
tu engagc in aousc Ill' LA COUl1t) Cili/cIIS. color of1a\\ It is c\actly Illi, I) pc of ahlbl' that i, Ihc ,·.uty (If the
liS. (jO\Crrllncllt lis UI't"ICL:I" tu pmlL'l't ,ilio'erl"
We who live ill 1./\ County arc dqlrived Llf due Pl'()C(>s. depi ivcd or ilCCCSS to tllC Ulurl>. ,1I1d depri ....ed uf !ilir t"ial
for Ilvcr a quarter of a cel1lury
I'Ile cl1l11illlK,d 1;llsc irnpri:,ul1lllL:llt oft!l(hc' \1110 \lcTC sh(\I\1l to ha\c 0<:<:11 framt:d ITlu<;t nut h.' allUlwd!ll
CtlI11inut:. II j, ,I c!isgrat:e to all US. (iti/cll:,. and all PC,)p!c' or good lilith.
Signed un Thanksgi\ ing Day. the :27,1> It!' :\olcllll>L:r, 200R. in L.os ,\ngck" COllnt)
Joseph
TIME IS OF TilE ESSENCEl
RESI'ONSE REQUIRED BY 5:00PM, FRIDAY, I>ECEMBEH 5, 200H
: Copies of the grant deeds produced by Att David Pasternak. former preSident of House of Justice - Bet Tzedek
purportedly approved by the LA Superior Court. and then filed in tile office of ReglstJarJRecorCler. can bll Viewed at
t!.\:!Q11www rnproperinl<J -fraud-in-qrant-deeds-s QQ.!
Tne fraud In such actions was confirmed by an opinion letter of Ve:er<Jr FBI agent James Wedid< :ornmendcd by the Us
Congress. the U S Attorney General. and the Director of the FBI, for hiS contrrbullon to sternmlnq public ,:>.,rr1.Jpt
l
on 'n
California gov€fTlment
cc
Jamcs \\cdick
Judiciary Committee of the U.S. llouse of Reprcsental ive,
Judiciary Committee of the U.S. Senate:
Ortlce of Presidenl Elect
onice e,f Vic.:: President I'b:1
-67-
-68-
I
TO_ MFdOPOULOS BOa Page 1 of 6
2008-12-10001745 (GrvoTl 18019980917 Frcm- Josepl' Lermk
F
I - - - ~ ~ - - - - - - ------------------
i To: ~ ~ ~ O P O U L O S
I Company:
I Fax: 17043703515
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.COM
lEe 07 2008 1C): 20 10019980917
PAGE.01
TO_ MFdOPOULOS BOa Page 1 of 6
F
I - - - ~ ~ - - - - -
i To: ~ ~ ~ O P O U L O S
I Company:
I Fax: 17043703515
2008-12-10001745 (GrvoTl 18019980917 Frcm- Josepl' Lermk
I
------------------
m
From:
Company:
Joseph Zernik
DrZ
Total Pages:
Date-Time:
6
12/09/013 415 F'M
Fax l\umber: 801 998 0917
PLEASE SEE ATTCHED
WWW.EFAX.COl\l
lEe 07 2008 1C): 20 10019980917
PAGE.01
-69-
To Pagc7Qf6
2008-17-10 or; 1-/45 (GMT I 180' 99H0917 From Jcseph
DigiI31'; ,Ig""d by
le-rni(
IJ ON: cc=)o>eph Zerr,,1e
) .

O.t,': 200812.09
1Ed 1..11 -08'00'
Joseph Zemik DMO PhD
Fa>:' (601, E'-f13 1! rp,t
"Judge shall be faithful to the law .. "
<:11 C<><f. Jud ft1>h:3 JI3(l)
"The Ilk of law must never be with tyrnllflj/ of the courts"
A/)ony"rous
"THE JUDGMENT WAS SET AND THE BOOKS WERE OPENED" Daniel 7:10
MrTimothyJ. MayolX'ullli, Exemtive Vice Fmidentand GeneraJ ('OUfLo.;e!
13a.nk ofAmerica CoIJX.>rcttion (Bank ofAmerica)
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
To: "Mohammad Kcshavarzi" <[email protected]>, "Paul Malingagio"
<[email protected]>, "Ted Max"<[email protected]>
From: Joseph zemik <[email protected]>
Suqject: REPEAT !·1LL.\JG OF OFFENDING FRAUDULENT RECDRDS IN lXJURT. YOUR
RESPONSE P-.EQUESTED BY WED, DEC 10, :.wo8, 5:00PM. Notice of start of Safe ha rbor period per
CCP 128.7-
Cc: sandor_samue][email protected],samuels [email protected],
mozilo_angel;@countrywide.oom,
[email protected]",i.de.com, [email protected], "'ed
Max"<[email protected]>, "Van aeve, Peter D." <[email protected]>,
[email protected]'-\'.com, [email protected], [email protected],
[email protected]<iUperiorcourt..org, [email protected]@lasuperiorcourLorg,
[email protected],[email protected], "David J. Pasternak" <j""'[email protected]\v.com>,
'''John Patton" <[email protected]>, "Amberg, ,John W." <[email protected]>,
[email protected], todd_l:[email protected]:>untl)'\\i.dc.Coma, "attention
Mayo"<[email protected]>, "attention Mayo"<[email protected]>,
"attention Mayo" <JojQC.schilling(cilbankofamerica.com>, <i.lmayurkas(a>omm.com>
December 9,2008
Mohammad Keshavarzi
Sheppard MUllin, lLP
RE: REPEAT FlUNG OF OFFEl\/l)ING FRAUDULE...,\l RECORDS IN COURT.
RESPONSE REQUFBTED BY WED, DEC 10, 2008, 5:00PM.
Notice ofstart ofSafc Harbor period perCCP 128.7.
Mr Kesmvarzi:
You recently sent mempyo[ papers you filed in court under the name ofSheppanl Mullin, l.J.,P, for
motion to csb:1blish recovery, scheduled for NO\l21, 2008.
1) No signatures were visible on my copy. I requcstthat you forward to me copy bearing your visible
PAGE. 0.2
DEC 07 2008 19:21
To ao. Page 7 016
Joseph Zemik DMOPhD
F;;n" (501 E,-n3 1! rp,t
2008-17-100G 1-/45 (GMT I 180' 99H0917 From Jcseph
DIgitally )Jgned by

IJ ON: cc:Jv>oph lerr"k.
) . ..rJr:hi,e

DatI': 2008 'L09
1&.11..11 -mre.:r
"Judge shall be faithful to the law" "
1:.1 Cod. Jud fthl= 38(1)
"The Ilk of lawmust never be with t}.faImj/ of the courts"

"THE JUDGMENT WAS SET AND THE BOOKS WERE OPENED" Daniel 7:10
MrTimothyJ, MayolX'ullli, Exemtive Vice Pre-idcntand General
13a.nk ofAmerica Co[JX!rcttion (Bank ofAmerica)
100 NTryon St
NCl-007-S6-1I
Charlotte, NC28255
Phone: (704) 3867484
Fax: (704) 370-3515
Date: Tue, 09 Dec :w08 15::q:28 -0800
To: "Mohammad Kcshav3rzi" <[email protected]>, "Paul Malingagio"
<[email protected]>, "Ted Max"<[email protected]>
From: Joseph zemik <[email protected]>
Subject: REPEAT HLL\J'G OFOFFENDING FRAUDULENT RECDRDS INlXJURT. YOUR
BY WED, DEC10, :.wo8, 5:00PM. Notice of start of Safe harbor period per
CCP1281
Cc: sandor_samuc]s(fcou ntn"vide.oom, samuels [email protected],

[email protected]",i.de.oorn, [email protected], 'Ted
Max"<[email protected]>, "Van aeve, Peter D." <[email protected]>,
[email protected]·\'.com, [email protected], [email protected],
[email protected], [email protected]@lasuperiorcourLorg.
[email protected],jseg<[email protected], "David J. Pasternak" <j",.;[email protected]>,
'''John Patton" <j"[email protected],com>, "Amberg, ,John W." <[email protected]>,
[email protected], todd_l:[email protected]:>untI)'\\i.dc.Coma, "attention
Mayo" <patrick.c. [email protected]>, "attcntion Mayo" <[email protected]'.orn>,
"attention Mayo" <JojQ:;[email protected]>, <[email protected]>omm.com>
December 9,2008
Mohammad Keshavarzi
Sheppard Mullin, lLP
RE: REPEAT FlUNG OF .FRAUDULR,\l RECORDS IN COURT.
RESPONSE REQUPBTED BY WED, DEC 10, 2008, 5:00PM.
Notice ofstart ofSafe Harbor period perCCP 128.7.
Mr Keshavarzi:
You recently sent me copyor paper.; you filed in court under the name or Sheppanl Mullin, I..LP, for
motion to csb:1blish recovcry, scheduled for Nov 21, 2008.
1) No signaturc.<; were visible on my copy. I request that you forward to me copy bearing your visible
DEC 07 2008 19:21
PAGE. 02
-70-
fo MAYOPOULOSBO. Page30f6 2008-12 100017 45 (GM'I
180139a0911 Joseph Zernlk
e Page 2iS
December 9,2008
original signatures. In case the copy you filed in court does not bear your signatures, and you choose to
keep that paper filed, 1 rt.'quest that you correct that situation expediently, othenvise please
such p;:1 pcrs, and notice me accordingly.
2) Your most recent papers again included remrds produced in subpoena byO:mntryv"ide, which were
the core of this litigation. I complained in the past that such papers constituted frdud on numerous
accounts. Such records \",ere repeatedly fraudulently misrepresented byyou as the pI1:xiuct of fax
tmnsmissioI1 from Victor Parks, loan broker, to Cou ntrywide San Rafael, on Monday, October 25,
20°4,5:°3 pm.
3) In fact, as made clear by Ms Samaan in her deposition, Mr Perks had nothing to do with anyofiL
Among other umpteen fraud':>, throughout the transaction in 2004, Ms Samaan impersonated ::VIr Parks
in fax communications. This Tlccord was no exception.
4) This record also was never recei\'(.'d by (.'.ountrywide on the date and time indicated above, as you
rnisreprL.">Cntcu in cou rt. In fael thc transmission that generated that fax header imprint was from
Samaan in Los Angeles to her husband in Los Angeles. I Wl.:nt through that i.s.'>lle in depth among other
opportunities, on august 9, 2007, in open court.
5) You have neyer pro'vided adequate authentication ofthat remrd when you introduc1x1 it as evidence.
and I flied for sanctions against you per CCP 128.7 for filing of fraudulent rt.'COrds in coUlt
6) To avoid that hearing, you scheduled in conflict another "hearing" as you fraudulently called it, with
reLin.'d Judge O'Brien, who had no authority at all to hold any "hearing" of any kind.
7) This court refuses to even confirm that Samaan v Zernik was ever a (ASC of the Superior Court of
Regardless, .you were fully aware that such records were, are, and always wlll be fraud, 2 nd
therefore any purported order, decree,judgment, or any other outcome ofsuch litigation was is, and
always "ill be null and voieL
8) In thc ITla;t recent papers you omitted the fraudulent transmittal coycr sheet Regal'dless, this
record is the product of fraud, and it was introduced byyou a<; part of fraudulent evidence.
9) Therefore, I request that you immediately remove this record from your most recent 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
b) to vacate all orders, decrees,judgments that were based on such fraudulent real estate (X)J1trdct
record.
10) Plea.se consider tllis notice per CCP 128.7 for start ofSafe I [arbor period.
MR KF..SHAVARZi &MR MAI.JNGAGIO: RESPONSE REQUESTED BY WED, DEC 10, 2008,
5:00PM.
11) This message is copied to AttJohn Amberg andAttJenna Moldav.skv, who claims to be authori:r,c to
reprcsentCountry.....i.de Home Loans, Inc, a subsidiaryof Bank ofAmerica. Countl)'"';de Home Loans,
Inc too is requested to file request in court for the .,,;thdrnwal ofsuch fraudulent records produced by
Countrywide Home Loans, Inc a" part ofsubpocna productions that ....-ere replete with fraudulent
remrds, and which tried to entirely fabricate Samaan's fraudulent loan applications underwriting
PRGE.03
DEC 0? 2008 19:22 18019'380'317
fo MAYOPOLJLOSBO. Page30f6
e Page 2iS
2008-12 100017 45 (GM'I
180139a0911 Joseph Zernlk
December 9,2008
original signatures. In case the copyyou filed in court does not bear your signatures, and you choose to
keep that paper filed, 1 rt.'quest that you correct that situation expediently, othenvise please
such p;:1pcrs, and notice me accordingly.
2) Your most recent papers again included remrds produced in subpoena byO:mntryvvide, which were
the core of this litigation. I complained in the past that such papers constituted frdud on numerous
accounts. Such records \",ere repeatedJy fraudulently misrepresented byyou as the pI1:xiuct of fax
tmnsmissioI1 from Victor Parks, loan broker, to Countrywide San Rafael, on Monday, October 25,
20°4,5:°3 pm.
3) In fact, as made clear by Ms Samaan in her deposition, Mr Perks had nothing to do with anyofiL
Among other umpteen fraud,:>, throughout the transaction in 2004, Ms Samaan impersonated :'vIr Parks
in fax communications. This Tlccord was no exception.
4) This record also was never recei\'(.'d by C.'.ountrywide on the date and time indicated above, as you
rnisreprL.">Cntcu in cou rt. In fael thc transmission that generated that fax header imprint was from
Samaan in Los Angeles to her husband in Los Angeles. I Wl.:nt through that i.s.'>lle in depth among other
opportunities, on august 9, 2007, in open court.
5) You have neyer pro'vided adequate authentication ofthat remrd when you introduc1x1 it as evidence.
and I flied for sanctions against you per CCP 128.7 for filing of fraudulent rt.'COrds in coUlt
6) To avoid that hearing, you scheduled in conflict another "hearing" as you fraudulently called it, with
reLirc'd Judge O'Brien, who had no authority at all to hold any "hearing" of any kind.
7) This court refuses to even confirm that Samaan v Zernik was ever a (ASC of the Superior Court of
Regardless, .you were fully aware that such records were, are, and always wlll be fraud, 2 nd
therefore any purported order, decree,judgment, or any other outcome ofsuch litigation was is, and
always "ill be null and voieL
8) In the ma;t recent papers you omitted the fraudulent transmittal coyer sheet Regal'dless, this
record is the product of fraud, and it was introduced byyou a<; part of fraudulent evidence.
9) Therefore, I request that you immediately remove this record from your most recent pending
p;:1pers.
10) Theretore, I also request that you submita request for a nunc pIQ..1..lJ.lli; order:
a) to markall instances where such paper appears in the court fIle as instances of fraud
b) to vacate all orders, decrees,judgments that were based on such fraudulent real estate (X)J1trdct
record.
10) Plea.se consider tllts notice per CCP 128.7 for start ofSafe I [arbor period.
MRKF..SHAVARZi & MRMAI.JNGAGIO: RESPONSE REQUESTED BYWED, DEC 10, 2008,
5:00PM.
11) This message is copied to AttJohn Amberg andAttJenna Moldav.skv, who claims to be authori:r,c to
reprcsentCountry.....i.de Home Loans, Inc, a subsidiaryof Bank ofAmerica. Countl)'"'i.de Home Loans,
Inc too is requested to file request in court for the ."i.thd.rnwal ofsuch fraudulent records produced by
Countrywide Home Loans, Inc a" part ofsubpocna productions that ....-ere replete with fraudulent
remrds, and which tried to entirely fabricate Samaan's fraudulent loan applications underwriting
DEC 0? 2008 19:22 18019'380'317
PRGE.03
-71-
To Uft,YOPOUlOS BOa Page 4 of 6 2008 <2-1DOD 1745(GMT) From Joseph Ze"nik
• ;:>age:Y.l
December 9,2008
history.
MR!u\1l.)j:,:RG At\'D MS MOLDAWSKY: RESPONSE REQUESTED BY WED, DEC 10,2008,
5: 00PM.
12) This notice is als..'".l forwarded to AttTodd Boock. Countrywide Home Wans, Inc, who was part of
the learn under Mr Samuels, who devised the subpoena frdud in 2006, and repeatedly provided
fmudulent response; to questions in Meet and ('--Onfer in 2007, then claimed religious obscrva nec to
void appeamnce in motion to compel. M r Boock is requested to authenticate the real estate contract
fL'Wrtl, other"wise, to withdravv' it from the recorcL and with it the entire country,,:ide fraudulent
subpoena, and to notice the parties and the court accordingly. Mr Book is according to Bank of
America Office of General Counsel tbe only one authorilro to represent Bank of Ametica Corporaton.
That OmIT had no record of Bryan (',ave LLP as authorized. to represent funk ofAmcric.a in this mai:ter.
lU-:BPONSE REQUFSTFJ) BY WED, DEC 10,2008, 5:00PM.
I]) This notice is also forwarded to:
MrTimothyJ. Executive Vice President and General Counsel
Bank ofAmerica Corporation (Bank ofAmerica)
100 NTryon St
NCJ. -o07-S6--1l
Charlotte, NC 282S5
Phonc: (704) 386-7484
Fax: (704) 370-3515
With the demands:
a) that Bank of America corporation put an end to this frdudulent liligation and farce of<J court,
progressing in its name in past six month..<>,
b) that it \\<ithdraw the fraudulent subpoenas produCtxl by Sandor Samuel<>, Tcxld Boock and their
colleagues in the corrupt Legal Division of\nuntryvvlde ,
c) that they take action to mitigate damages,
d) that they report in the quarterly report for Q- N of 2008 such material deficiency - the comprom ise
afthe legal t{',am of Hank ofAmcrica ('.D!1lOration remlting from incorporation ofthe Legal Division of
CnuntT}'\vide Financial ('{Jf-poration to its ranks pursuant to
Section 307 fl" Sarbarn.'S-Oxle)'
sinee material violation oflaw has occurred, is occurring and is about to oceur again, as
set forth in section 'W7 oftbe Sarbanes-Oxley Act of 2002 and the SEC Rule
promulgated there under (17 CfR 205), the geneml counsel must inform his superiors
and the authorities. This notice may be in any form, but should conspicuously that
it is being made umlerSectlon 307 Qfthe Sarbanes-OxleyAct.
MKMAYOPOUl,Q;): RESPONSE REQUESTED BY WIm, DEC 10, 2008, 5:
00P
:\01.
Joseph Zcrnik
Fax: 8019980<)17
Tel: J10 4359107
PAGE. 24
10019'380917
To UJl,YQPOUlOS 8020 Page 4 of 6
• ;:>age:Y.l
200B '745(GMTj
December 9,2008
history.
MR!u\1B!:':RGAt\'D M':'; MOLDAWSKY: RESPONSE REQUESTED BYWED, DEC 10,2008,
5: 00PM.
12) This notice is als..'l forwarded to AttTodd Boock, Countrywide Home lDans, Inc, who was part of
the tedm under Mr Samuels, who devised the subpoena frdud in 2006, and repeatedly provided
fmudulent responses to questiofL<; in Meet and ('...onfer in 2007, then claimed religious obscrva nee to
void appe.ardnce in motion to compel. Mr Boock is requested toaulhenticatc the estate contract
R'Wrd., lo withclravv' it from the recorcL and with it the entire fraudulent
subpoena, and to the parties and the court accordingly. Mr Book is according to Bank of
America Office of General Counsel the authorilro to represent Bank of America Corporaton.
That OmIT had no record of Rryan C..ave LLP as authorized to represent Bank of Americ.a in this ma,:ter.
lU"BPONSE REQUFSTFJ) BY WED, DEC10,2008, 5:00PM.
I]) This notice is also forwarded to:
MrTimothyJ. Exccuti'v'c Vice President and General Counsel
Bank ofAmerica Corporation (Bank ofAmerica)
100 NTryon St
NCJ -007-S6-11
Charlotte, NC282S5
Phonc: (704) )86-7484
Fax: (704) 37(}-3515
With the demands:
a) that Bank of America eurporation put an end to this frdudulent liligation and farce of a court,
progressing in its name in past six month..<;,
b) that it the fraudulent subpoenas produaxl by Sandor Samuel<;, Tcxld Boock and their
colleagues in the corrupt Legal Division ofC.ountryvvide ,
c) that they take action to mitigate damages.
d) that they report in the quarterly report for Q- N of 2008 such material deficiency - the compromise
of the legal tf'..am of Hank ofAmerica C..orlloration re>Ulting from incorporation ofthe Legal Division of
C:Ountf}"\vide Flnanc:ial C{Jrporation to its ranks pursuant to
&x:1icn 307 ot' Sarbarn.'s-Oxle)'
Sinel' material violation oflaw has occurred, is occurring and is about to occur again, as
set forth in section 'SO? oftbe Sarbanes-Ox1L:y Act of 2002 and SEC Rule
promulgated there under (17 CFR 205), the geneml counsel must inform his superiors
and the authorities. This notice may be in any form, but should conspicuously that
it is being made umlerSection 307Qfthe Sarbanes-OxleyAct.
MKMAYOPOUl,Q;): RESPONSE REQUESTED BY WIm, DEC10, 2008, 5:
00P
:\01.
Joseph Zcrnik
Fax: 8019980<)17
Tel: J104J59107
18019'380917
PAGE. 24
-72-
To :-I>AYOPOuLOS BOa p;'J.lJe 5 of 6 2008-'2-10001745 (GMT) 1801998,0917 .,iascph Zernlk
• Page 415 December9,2008
Mr MayopoulC6:
I believe that you re n honest man. Your help is very much needed in setting thejustice system in L\
straight. came back from Washington DC, where I met senior legal staff to and
congressmen, requesting that they initiate hearings on the corrupt justice of LA County. Mr
Samuels and Cuuntr}'VVide had more than bit to do ....i.th il You're in a unique position, where you CGuld
improve the safeguard of the civil rights ofthe9.5 millions \\'110 live here, where even an Overst.>er, U.S.
,Judge, appointed in 2001 a<; parlof the Consent Decree (2:2000cvl1769-GAF-RC) could not rmke any
difference.
fR.f\YER
The most outrageous part of the problem is that reports indicate that there 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 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, referenced below. These pcoph:
arc sti 11 falscly i mprisonccl in LACounty, under the Rill ofRights, arid One Nation Undcr
God.
Mr Mayopoulos, let me assure you, if you affcct the release ofthese 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 blight from
the name of the United States ofAmerica.
Joseph JI'..ernik

EXCERPT (P48):
While the criminal jus1ice system aluld sustoin overturning scores
of criminal prosecution.. tainted by Rampart CRASH corruption,
thousands could h...... meant tbe CQUapu of lbe entire LA CCJ'IIntJ
criminal justice appaT3tus. As one fonner federal p",,,,cuwr who
assessed tbe ID2gt1itude of such a threat put it. Rampart was
"Chinamwu--potentially too big for the truth" (referrinj( to the
scand..ls of the Los Angeles water wan), Similar .vicknc<: of
containm.nt also .merged during iute",i.,... exploring tbe Roan! of
Inquiry investigations. Members of the Board of luquiry's work
product working group reported tbat when they punned lbe
nrord, of Rampart CRASH alumni who bad gruduated into Metro.
they found 'ergeanb' logs missing. When they asked to launch a
broader inquiry into Metro, they wel"l! told it would not happen
beea.... M.tro WAS unmuchable.
Facing a cboice between ront2inment or catastrophic failun, the
operators of any S)'Stem- law enforcement prosecuturs and
judg.,.·ine:<o....bIJ <:boose containment. [t j, nol tlml intfu-idWlb
or entili... ronspi."d to cover up cormption; il is that when a
"indow on its true eumt opened, they simply dosed it
REJ:<'ERENCE:
hltp:/linproperinla.com/oo oo-oo-rampart-blue-ribbon-review-panel-200&-repo
rL
rg[
18019'380017
PAGE. 0':>
DEC 07 2008 1'3: 24
To :-I>AYOPO.JLOS BOa 5 Of 6
• Page 415
2008-'2-100C 17 <5 (GMT) 1801998,0917 .,ioscph Zernlk
December9,2008
Mr Mayopoula;:
I believe that you re n honest man. Your help is very much needed in settingthejustice system in L\
straight. came back from Washington DC, where I met senior legal stlff to and
congressmen, requesting that lheyinitiate hearings on the corrupt justice s}"!>1:em of LA County. Mr
Samuels and CDuntry'A;;de had more than bit to do with il You're in a unique position, where you CGuld
improve the safegu3rJ of the civil rights ofthe 9.5 millions who Jive here, where even an U.S.
,Judge, appointed in 2001 a<; parto[ the Consent Decree (2: 2000cv11769-GAF-RC) could not rmke any
difference.
PR.f\YEM
The most outrageous part of the prublem is that reports indicate that there are
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
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, referenced below. These pcoph:
arc still falsely imprisoned in LACounty, under the Rill ofRights, and One Nation Under
God.
Mr Mayopoulos, let me assure you, if you affect the release ofthese people:, 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 blight from
the name of the United States ofAmerica.
Joseph JI'..ernik
EXCERPT (P48):

While the criminal jllS1ice system aluld sustain overturning score';
of criminal p"""cution.. tainted by Rampart CRASH corruption.
thousands could h....·e meant the roUapse of lbe entire LA Cwnt)"
criminal justice appaT3tus. As one fonner federal p",,,"culur who
a,sessed tbe "",gnitude of such a lflreal put it. Rampart was
"Cbinaluwn---potentially too big for the truth" (.. to the
scandals of tm Los Angeles waler wan), Similar eviden« of
containment also emerged during iute!""iewo explorillg the Board of
Inquiry investigations. Members of the Board of luquiry's work
product working group repQf1ed th3t wben they punned lbe
...curtls of Rampart CRASH alumni wbo bad graduated into Metro.
they found sergeanb' logs missing. When they asked to launch a
broader inquiry into Metro, they wel"l! told it wQUld not happen
be<:a .... Metro WAS untoucbable.
Facing a choice brtwem containment or catastrophic failun, the
operators of "11)' system- law enforcement prosccutun and
judg.,.·ine:<ofllbly choose containment. [t is not tlmt iotfu.idWlb
or entili... ronspirrd to cov.,.. up corruption; it is iliat when a
"indow on its trne euent opened, simply dosed it
REJ:<'ERENCE:
http://inproperinla.com/oo oo-oo-rampart-blue-ribbon-review-panel-200&-repo
rL
rg[
18019'380017
PAGE. 0':;
-73-
To MAYOPOJlOSBOa Page6of6 2QOB-12-10 00 1745 (GMT) 1801998.0917 From Joseph Lernlk
• ?age:Ji5
December 9, 2006
ADDITIONAL REFERENCE
Additional documentation, including fraud experts opinion letters n;,;. fraud in this litigation in
Samaan v Zernik can be viewed at:
1. http://inproperinlamm/01: 10- -cou
2. hllp:"Iinpro.rerinhcom/Q4-1O-26-opinion-leUer-counlQ'wide-underwriting-!elter-ocl-26-s.pd(
:3 http


6. http://inprQpt:;rinla·mmJ ntrywide-fraudu1ffitdooD-appliglliQIL.Pdf
7.
8.
9· http://inpropcrinlacom/04-1o-18-g-emails-in-re-\:YJrc-fax-fraJJd-J)df
10.
11. http://inproperinla.com/o4-10-2'j-doc-4r;-countm'v'ide-fraud-contract-recordQ.if'
12. hm.tiLinPJ:QperinlammJiM 10 26=cou nt!:ywide- fraudulent- -s.r&;
13- http://inproperinla.com106-07-1o-samaan-deposition_pdf
14- h!1p: lIinproperinJa.com I 07-Q2-08-countl}'Wide-fraudulent-subpoena-production-e-SJ2df
1.5- htw: l-CQuDt!:yYtjde:mclaurin-
16. ntrvwide- melaurin- falsc-q,;c]a
17. Samuels
- the fraudster as "fraud
18019'380'317
PAGE. 06
To MAYOPOJlOSBOa Page6of6
• ?age
2QOB-'?-10 OD 17 45 (GMT) 1801998.0917 From Joscoh Lernlk
December 9, 2006
ADDITIONALREFERENCE
Additional documentation, including fraud experts opinion letters n;,;. fraud in this litigation in
Samoan v Zernik can be viewed at:
1. htill:,I
2. hlip:,' linproperinla.com/Q4-1O-26-opinion-leUer-counlQ'wide-underwriting-letter-ocl-26-s. wf
:3 hUp /
4· h11pJLinproperinla.comLQ4:m-oz-opinion-leJ1.er-fraud-in-prequ<Jlificaion-letter-s.J)(JI

6.
7.
8.
9· http://inpropcrinlacom/04-]O-18-Q-ernails-in-re-wirc-fax·fra.!ill..J)df
10.
11. http://inproperinJa.com/04-10-:!'j-doc- 4'j-countm'vide-fraud-contract-recordQ-if'
12. -10 26;=cou ntryv,1de- fraudulent
13. http://inproperinla.com/o6-07-1o-samaandewsition.pdf
14- h!!;p: /Ii nproperinJa.com107'Q2-Q8countIyWjde fraudulent-Sll bpoena-production-c-SJ2df
1,5- htU>: /linproperinla.\mIlLQQ-1109-cloc-'\8-1country",ide-mclaurin-
16. ntn'wide- melaurin- falsc-q;;cja
17. ...... Samuels
- the fraudster as "fraud
18019'380'317
PAGE. 06
-74-
-75-
DEC 09 2008 22:51 FR
elF At'1ER I CA 704::W54579 9 l8CJ42542082 F.01
Digitally ><Jned
by Z'ernlk
DN:cn=kseph
Zeln'k.
) efll
ail
"[email protected]
ealtl,1_lJjUlt"l,
60S
Oat<:; 11.04
17;J5;5B
Joseph Zemik OW) PhD
Fax (801) 998-0917 Email; ][email protected]
/I Judge ahalf b9 fai(hful to the I.M'... "
COOO Jud fJhb 3Bro
"The fIIfe of I8w must never be confUsed wffJI tyranny of the CG1urt¥"
Ano1')1TJOU8
KENNETH D, LEWIS
Chairman, Chief Executive Officer and President, Bank of Amedca Corporation
KEITIIBANKS
President, Global Wealth & Investment Bank of America Corporation
Risk & Capital Committee and Management Operating Conunittee
AMY WOODS BRINKLEY
Global Risk Executive, Bank of'Arnerica Corporation
Risk & Capital Committee and Management Operating Committee
JOE L. PRICE
Chief Financial Officer, Bank of America Corporation
Risk & Capital and Management Operating Committees
TERESA M, BRENNER
Associate General Counsel
WILLIAM J.
Deputy Genetal Counsel
and Corporate Secreta!)'
NEIL A. COTTY
Chief Accounting Officer
BANK OF AMERICA CORPORA'nON
100 North Tryon St
Bank of America Corporate vJlter
Charlotte, North Clll'olina 28255
RE: Re<Juest for immediate intervention and curbing of Sandor Samuels. Time is oHbe essence!
Sir, Madam.
My records show that in early February 2008, I sent each ofyou Ii certified letter, informing you ofmy abuse at
the hands ofCountywide, prior to your takeover. , expected that following the take over my abuse would be
stopped. This is the fourth year that I am the subject ofabuse by C01111trywide. It started on
when Nivie S1III1ilaI1 presented me with a fraudulent prequalificatj:on letter, then filed fraudulent loan applications
with CoWltrywide, while engaging throughout the transaction in ,Njre/Jax fraud against me an against
Countrywide (but in colll.lSioo with Branch Manager Maria McLaurin) by impersonating a loan broker - Victor
Parks in fax conunuoicatiollS:

http://inproperinla.com/04-09-07-opinion-letter-fraud-in-prequalificaion-letter-s.pdf
http://mproper;nla.com/04-09-27-d0c-4O-SlUlUI8.Il-fraudu( eO!-IDan;:mmlieations-s.pdf
DEC 09 2008 22:51 FR
elF AI'1ER I CA 704::3854579 9 l8CJ42542082 F.01
Joseph Zemik DfmPhD
Fax (801) 998-0917 EmaiL [email protected]
Digitally ><;lned
by Z'ernlk
DN: rnakleph
Zein'k.
) ef\1ail"jL12345i1>
ealtl,1_lJjUlt"1.
60S
Dat<:; 11.04
17;JS:SB
/I Judge shalf b9 fai(hfut to the t.M'". "
coo. JlJd fJhb 3Bro
"The fIIfe o( I8wmust never be confused wfth tyranny of the CG1urt¥'·
Ano1')1TJOU6
KENNETI1 D, LEWIS
Chairman, Chief Executive Officer and President, Bank of Amedca Corporation
KElTHBANKS
President, Global Wealth & Investment Bank of America Corporation
Risk &Capital Committee and Management Operating Conunittee
AMY WOODS BRINKLEY
Global Risk Executive, Bank ofArnerica Corporation
Risk & Capital Committee and Management Operating Committee
JOE L. PRICE
Chief Financial Officer, Bank of America Corporation
Risk & Capital and Management Operatmg Committees
TERESA M. BRENNER
Associate General Counsel
WILLIAM J. MOSTYN III
Deputy Genetal Counsel
and Corporate Secreta!)'
NEIL A. COTTY
Chief Accounting Offic-er
BANK OF AMERICA CORPORkTION
100 North Tryon 5t
Bank of America Corporate vJlter
Charlotte, North Clll'olina 28255
RE: Re<Juest for immediate intervention and curbing of Sandor Time is oftbe essence!
Sir,Madam.
My records show that in early February 2008, I sent each ofyou Ii certified letter, informing you ofmy abuse at
the hands ofCountywide, prior to your takeover. , expected that following the take over my abuse would be
stopped. This is the fourth year that I am the subject ofabuse by C01111trywide. It started on 2004
when Nivie S1III1MIl presented me with a fraudulent prcqualificatj:on letter, then filed fraudulent loan applications
with CoWltrywide, while engaging throughout the transaction in 'Mre/Jax fraud against me an against
Countrywide (but in collusion with Branch Manager Maria McLaurin) by impersonating a loan broker - Victor
Parks in fax corrunuoicatioos:

http://inproperinla.COm/04-09-07-o
P
iniOn-letter-fraUd-in-
Preq
UalificaiOn-letter-S.pdf
lilly:!/inProperinla.com/04-09_27-d0c-4O-SlUlliIa1l-fraudul eot-IDan:mmlications-sopdf
-76-
DEC 09 2008 22:51 FR
11< OF Rf1ER I CR 71:J4386457( 518(j4264208 :: P.02
• Page 2J9 December 4, 2CiO$

http://inproperinla.comlO4-09-27-samaan-countrywide-fraudulent-loan-applieation.pdf
http;/jinprooerinla.coml04-IO-14-counttywide-underwritiog;letter-s.pdf
http://[email protected]
The transaction never materialized as a result ofsuch frauds, But Samaan, McLaurin, arld (,tlK'l'S had a bad<-up
plan - to obtain the property through a court fraud...
A totally new history was invented for the loan applications, in a process that involved _\1aria McLaurin - Branch
Manager, Nivie Sarnaan - Borrower, Vietor Parks - Loan Broker, Mohammad Keshavllrzi (Sheppard Mullin) -
counsel, and Jae Arre Lloyd - the brains behind the scheme. Nlaria McLaurin provided fraudulent declara:ions,
end the Legal Division provided fhmdulent subpoenas ofdocuments:
hun://inproperinla.com/. OHead ing-t)2-doc-3
.Qr!..Q£!Qber 25 2005, Nivie Samaa.n, a straw buyer, who failed to get her fraudulent loan applications approvecL
sued me for Specific Performance, or damages. The fraudulent -claims in the complaint were entirely up.
But nobody in his or her right mind would have filed such complaint, unless she knew fully well, how to connect
with the right judge and that that Countrywide, at all levels would support such an endeavor. In short, review of
the case is likely to lead to the C'Qnclusion that Samaan h3d consulted with Judge Qlnnor even before filing lne
complaint.
Similarly, the conduct ofBryan cave, LLP, and Sheppard Mullin indicates that they too knew exactly what they
were 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 corrupt Moreover, [ hold that such a system was part of the
infrastructure that allowed COUJ1trywide, and the sulrprime crisis to fully develop in Southem Califomia
1) In Decemhl!1' 1006-I discover the {rUJUI in Countrywide subpOena prodpction. and SOOn after that
if was acorrupt organi1,f1tion coordinate aetivitJ;, not incifk:nJmWQrk Qfan imJil!itmal
I was not supposed to know any of it In fuet, I never had any business with Countrywide, and did not eve1
recognize the name. But in November 2006 [ got suspicious that my counsel for a year and a half, Charles
Cummings, was dishonest, and in December 2006 I went to his office, and asked to the discovery f les
(since [ had no knowledge ofthe law, [ did not find any use for reading the legal pleadings). Within 15-30
minutes [ realized tlurt Countrywide, a mortgage lender was colluding ,with Samaan in producing fraudulent
records, and that my C'Qunsel did not tell me any of it. Eventually he offered me a $25,000 fees waiver to leave his
office.
Asample ofCountrywide subpoena (one of 5, almoST Identical, all including numerous fraudl11ent records), can be
seen at:
h!m://inproperinla.coml07-02-08-eountrywide-frauduJent-subR;Q:ma-production-c.s.pdf.
[n December 2006 I started by calling the Legal Division, the Custodian of Reeords, the Attorneys - Todd Boock
and later Sanford Shatz, and the San Rafael Brnnch Manager - Maria Mclaurin, Pretty fast it became obvious
that it was not a case ofone person, e.g., the Branch Manager, who mislead the attorneys. the that
emerged was that half a year or a year earlier, before I even knew the name Countrywide, I was targeted for real
estate fraud, and they all worked as a well rehearsed team in producing the fraudulent subp<X:na records to wpport
Samaan's fraudulent claims. The connection was that her husband, lae Arre Lloyd, apparently a career white
collar crime expert, was a "loan originator" for San Rafael Branch.
DEC 09 2008 22:51 FR
11< OF Hf1ER I CR 5 P.02
• Page 2J9 December 4, 2CiQ$

http://inprOgerinla.com/04-09-27-samaan-countrywide-fraudulem-loan-aPPlieation.Rdf
hnp;//iPprooerinla.COml04_1 O-14-counttywide-underwriting;letter-s.pdf
h!ID.://[email protected]
The transaction never materialized as a result ofsuch frauds, But SanliWl, McLaurin, arld (,tlK'l'S had a bad<-up
plan - to obtain the property through a court fraud...
Atotally new history was invented for the loan applications, in a process that involved .\1aria McLaurin - Branch
Manager, Nivie Sarnaan - Borrower, Vietor Parks - Loan Broker, Mohammad Keshavllrzi (Sheppard Mullin) -
counsel, and Jae Arre Lloyd - the brains behind the scheme. Nlaria McLaurin provided fraudulent declaralons,
end the Legal Division provided fhmdulent subpoenas ofdocuments:
llim:!/inproperinla.coml. OHeading-t)2-doc-3
Qrr..Q£!gber 25 Z005. Nivie Saroaan, a 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 up.
But nobody in his or her right mind would have filed such complaint, unless she knew fully well, how 10 connect
with the right judge :md that that Countrywide, at all levels would support such an endeavor. In short, reVil;W of
the case is likely to lead to the mncJusion that Samaan h3d consulted with Judge o.mnor even before filing Ine
complaint.
Similarly, the conduct ofBryan cave, LLP, and Sheppard Mullin indicates that they too knew exactly whllt they
were 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 Morenver, [ hold that such a system was part of the
infrastructure that allowed COU11(rywide, and the sul>-prime cri:;is to fully develop in Southcm Califolll.ia
1) In Dece1tlher 2006 - / discover the (rUJUl in Countrywide subpdena prodwtion. and SOOn after that
it was acorrupt organi1,fl!ion coordimc(e ae:tivitJ;, not incidf:nJmWQrk gran indiVidual
I was not supposed to know any of it In fact, I never had any business with Countrywide, and did not evel
recognize the name. But in November 2006 I got suspicious that my counsel for a year <:Ind a half, C.harlcs
Cummings, was dishonest, and in December 2006 I went to his office, and asked to the discovery f les
(since I had no knowledge ofthe law, [ did not find any use for reading the legal pleadings). Within 15-30
minutes [ realized that Countrywide, a mortgage lender was colluding.with Samaan in producing fraudulent
records, and that my counsel did not tell me any of it. Eventually he offered me a $25,000 fees waiver to leave his
office.
Asample of Countrywide subpoena (one of5, almoST Identical, aU including numerous fraudl1lent records), can be
seen at:
h!m://inproperinla.com/07-DZ-08-eounlrywide-frauduJent-subpo:m8-production-c.s,pdf.
(n December 20061 started by calling the Legal Division, the Custodian of Reeords, the Attorneys - Todd Boock
and later Sanford Shatz, and the San Rafael Brnnch Manager - Maria Mclaurin, Pretty fast it became obvious
that it was not a case ofone person, e.g" the Branch Manager, who mislead the attorneys. the that
emerged was that half a year or a year earlier, before I even knew the name Countrywide, I was targeted for real
estate fraud, and they all worked as a well rehearsed team in producing the fraudulent subpoena records to upport
Samaan's fraudulent claims. The connection was that her husband, lae Arre Lloyd, apparently a career white
collar crime expert, was a "loan originator" for San Rafael Branch.
-77-
DEC 09 2008 22:51 FR
'-< OF AMERICA
9 181214254;:::08:: P.03
• 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 Supervision 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 conduct.
By March 2007, I also managed to locate the original Underwriter ofSamaan's loans, Diane Frazier,. who was
laid off in early 2005. I figured out from the underwriting reconts, the struggle between Maria Mclaurin, Branch
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 I but not last death threat
Diane Frazier, in a lengthy phone call on March II, 2OQ7 in the afternoon, confinned what [have figured out
from the unde:writing records, and added much more to my understanding of the corrupt 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).
!lut when I called again, on March 14,2007, a man answered phone for Frazier, aOO claimed that IDe was no
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 andgunyou 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 tor Moz!!:o's andSClltIUefs' help in stooping the fraud were left llnaJi!.w,,'ered, and
Countrywide's fraud records became the (oundaJifJn ofSaJttJlqn's fraudufent lI!jgation.
Some ofthe 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 ofthe true loan
application file. That record with some explanatory mattTial can be viewed at
DEC 09 2008 22:51 FR
'-< OF AMERICA
9 181214254;:::08:: P.03
• 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 Supervision FederaJ 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 conduct.
By March 2007, I also managed to locate the original Underwriter ofSamaan's loans, Diane Frazier,. whc, was
laid off in early 2005. Tfigured out from the underwriting reconls, the struggle between Maria Mclaurin, Branch
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 I but not last death threat
Diane Frazier, in a lengthy phone call on March II, 2OQ7 in the afternoon, confinned what J have figured out
from the unde:writing records, and added much more to my understanding of the corrupt 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).
!lut when 1called again, on March 14,2007, a man answered phone for Frazier, aOO claimed that IDe was no
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 andgunyou 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 Moz!!:o's andSClltIUefs' help in stooping the fraud were left llnaJi!.w,,'ered, and
Countrywide's fraud records became the (oundaJifJn ofSaJttJlqn's fraudufent lI!jgation.
Some ofthe 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 ofthe true loan
application file. That record with some explanatory mattTial can be viewed at
-78-
DEC 03 2008 22:52 FR
OF I
7043864575 31804264208(= P.04
• Page4/9
December 4.2008
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 the opinion ktter of
nationally acclaimed fraud spedalist:

b) Copy of a real estate contract that was the product (If fax traosmlsskm markod as of Oct 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 fax/wire fraud scheme against a
financial institution, but in collusion with the Branch Manager - Maria Mclaurin. [n fact, most of the
records in Samaan's loan file that bear an unidentified til)( header imprint belong to that scheme..TIley are
made to appear as if they arrived at Countrywide at that time from Parks. But in fact, 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 ofthis was of
course in violation of "sound banking principles" and Regulation B of the F.x1eral Resen e For
example, judging by the Underwriting Letters, the record in 2) above, was not part of th€ Loan
Application file even by November 3,2004.
The real estate contract: rewrd can be viewed at:
http://inproperinht,com/()4.10-25-d0c-45-conntrywide-fraud-contrnct-record.pdf
By March 2007, I also sent the first letters, directly to Sandor Samuels and Angelo Mozilo, a.s the two individuals
in whom the integrity of the operations was most clearly vested. and demanded that they authenticate or re{ludiate
some of the most clearly fraudulent records. They never responded, and the Legal Division was engaged in
manipulation to avoid an honest an complete production. For example - the Legal Division dcdded that email
were exempt.., and Judge Jacqueline 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 of
Justice", and that he was advertising on the web a campaign against frauds.
That arlvertisement can be viewed at:
http://inproperinla.coml07-06-2Q-bet.tzedek-we!:tPages--w-samuc;!§.pdf
Therefore, by late JW1I1, 2007 (followed up on the suggestion in the advertisement: I left a.s<lal brown eve!ope in
the offices of Bet Tzedek addressed to:
Sandor Samuels
President of the Board
Bet Tzedek
Personal and Confidential.
In the envelope I left a letter, with copies of a rouple ofthe fraud records listed above, and asked that he he! pstem
the frnud against me by either authenticating or repudiating the records as falsely represented in court.
The response was swift. The web site of Set Tzedek disappeared within 48 hours, and a wee,k or so later, ",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://mprmriola.c:oml07-06-2Q.-countrywide-bet-lzedek-&jlbuse-s.pdf
DEC 03 2008 22:52 FR
OF I
7043864575 31804264208(= P.04
• Page4l9 December 4.2008
http://inproperinla.comJ04-1()'·26-<1oc-44-rountrywide-fl'llUiI-underwriting-letter.pdf
By now, my assertion of fraud relative to the dating of tltis record is also supported the opinion ktter of
nationally acclaimed fraud

b) Copy of a real estate contract that was the product (If fax traosmlsskm markod as of Oct 2:0 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 fraud scheme against a
financial institution, but in collusion with the Branch Manager - Maria Mclaurin. In fact, mosl of the
records in Samaan's loan file that bear an unidentified til)( header imprint belong to that scheme..TIley are
made to appear as if they arrived at Countrywide at that time from Parks. But in fact, 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
course in violation of "sound banking principles" and Regulation 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 Lo1l11
Application file even by November 3.2004.
The real eslate contract rewrd can be viewed at:
http://inproperinht,com/Q4.10-25-d0c-45-conntrywide-fraud-contrnct-record.pdf
By March 2007. I also sent the first letters, directly to Sandor Samuels and Angelo MoziIo, a.s the two individuaJs
in whom the integrity of the operations was most clearly vested. and demanded that they authenticate or repudiate
some of the most clearly fraudulent records. They never responded, and the Legal Division was engaged in
manipulatJon to avoid an honest an complete production. For example - the Legal Division dcdded that email
were exempt. .. and Judge Jacqueline Connor (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 of
Justice", and that he was advertising on the web a campaign against frauds.
That advertisement can be viewed at:
http://inproperinla.coml07-06-2Q-bet.tzedek-we!:tPages--w-samuc;!§.pdf
Therefore, by late Jty1I1, 2007 (followed up on the suggestion in the advertisement: I left a s<18l brown eveJope in
the offices of Bet Tzedek addressed to:
Sandor Samuels
President of1he Board
Bet Tzedek
Personal and Confidential.
In the envelope [ left a letter, with copies ora couple ofthe fraud records listed above, and asked that he hel pstem
the /'mud against me by either authenticating or repudiating the records as falsely represented in court.
The response was swift. The web site of Set Tzedek disappeared within 48 holm, and a we<::k or so later, 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
-79-
DEC 09 2088 22:52 FR
: OF I CR

'318[34254288;' P.05
• Page 519 December 4, 2(X)8
At the same time, Angelo Mozi\o also had a web site in which 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· Mozilo, etc. 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. 1did not know their email address. but I constructed
it in accordance with the syntax of other email addresses in Countrywide
5) July 2007 - strut o(retall().tlon, harassmeNt and severe abuse o(mv civil rights hy counsd for CounJrJ'.lJl.kk.
- Bryan. C(lve. LLP
The response was swift:
On July 3, 2007, I received the first letter of many, from Jerma Moldawsky and JOhD Amberg, (Bryan Cave,
LLP) and I was told to appear on July 6, 2QQ7 for an ex parte applieatkJn by Countrywide t1)[ II Protective Order,
which was a) Not allOWed at 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 that the procedure was conducted when the Court ofJudge Connor was "dark",
both fIguratively and literally, there was no clerk present, an there was no other person there for court business but
us, In short - it was a 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,: to be
seen. A person I have never S<X.'t1 before or after came out to tel Ius the outcome. No 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".
Months later, when I demanded that Bryan cave, LLP, explain how 5uch procedure was scheduled, out of
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'K9f:!.
in criminal conduct with the blessing ofthe Court iJselt
Judge Connor ofher own volition scheduled another hearing, for July 23, 2007 to continued that request, and she
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,
while she did set a deadline on me fur July 12,2007. At the end I realized that the new moving papers were sent
by on the evening of July 11, 2007. I noticed a messag(: on my email that a package could 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 that she never issued .such an order, on the
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
papers for almost 2 years. I was allowed to see some ofthe court file for the first time only in August 2007, almost
two years since the start of 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
violation ofthe California Court Rules, and the law of Califomia and the United States.
TIle basic idea was that I was not allowed to ask Countrywide 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 court. In
fact to this very date, it is not clear what CoWltrywide status was in that court.
DEC 09 2008 22:52 FR
/ OF I CR

'318[34264208;' P.05
• Page 519
December 4, 200S
At the same time, Angelo Mozilo also had a web site in which 11<: 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, etc. 13ut 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. I 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 civil rights hy counsd for COUnI[J:JJLk!£
- Bryan. C(lve. LLP
The response was swift:
On July 3. 2007, I received the first letter of many, from Jellna Moldawsky and John Amberg, (Bryan Cave,
LLP) and J was told to appear on July 6, 2Q07 for an ex parte applieatkJn by Countrywide fix II Protective Order,
which was a) Not allowed at th3t 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::! that the procedure was conducted when the Court ofJudge Connor was "dark",
both fIguratively and 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 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: to be
seen. A person I have never before or after came out to tel Ius the outcome. No minu'[e 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",
Months later. when J demanded that Bryan cave, LLP, explain how such procedure was scheduled, out of
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 wsAngeles Superior Court witJlpermisswn to t7l'K9/:!.
in criminal conduct with the blessing ofthe Court iJselt
Judge Connor of her own volition scheduled another hearing, for July 23, 2007 to continued that request, and she
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,
while she did set. a deadline on me fur July 12,2007. At the end I realized that the newmoving were sent
by email, on the evening of July II, 2007. I noticed a m6ssagt: on my email that a package could 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, I realized that she never issued .such an order, on the
contrary, she deliberately recorded denial of the Proposed Orders ofCOlmtrywide.
In Los Angeles Superior Court- neither I nor my counsel were allowed any access or any notice of any court file
papers for almost 2 years. I was allowed to see some ofthe court file for the first time only in August 7.007, almost
two years since the start oflitigation, 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
violation ofthe California Court Rules, and the law of California and the United States.
TIle basic idea was that I was not allowed to ask COWltJyWide 11llything about the fraud they were perpetraljng
against me. I was also denied the right to file compulsory fraud claims against Countrywide in CoMor's court. In
fact to this very date, it is not clear what CotUltrywide status was in that court.
-80-
P.05
DEC 09 2008 22:52 FR
OF AMERICA
n143864579
• Page 619
Derernber 4, 2009
Coootrywide claimed to be "Non-Party", but the court interchar;geably designated it Plaintiff: Defendant,
Jntervenor, Objector, Cross.-<lefendant, with no reason or legal fi)undation at all. Court record, were written in a
manner that was clearly meant to hide the presence of Countrywide in the court room.
7) In a series olfrauds by the Samaan. CmUltrywJde. and the C()ur:t, I was dispossf'$$!!d o(my komi'-
a) Statute ofFrauds Fraud
Samaan filed her complaint in October 2005 with no contract in il On JanillID'.-30, 20Q2. Judge Connor overruled
my demurrer on stiltute 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 corrtract thaI. was
the subject of the litigation, in Reply brief to swnrnary judgment motion by Sarnaan.
b) FraudJ4lent Sununary Judgment Hearing
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 displiUlble material/acts". At the time of the
hearing, I had on the court calendar for Sept 10,2007, a hearing on sanctions against Sheppard Mullin
for knowingly filing in court the fraudulent records from Countrywide, such as the letter ofO(t 26,
2004, misrepresented as of OCt 14, 2004, and the contract misrepresented as arriving '11 Coun1trywide on 0c1. 25,
2004. Obviously the very core tHcts in this case were disputable.
i
c) EIltJy ofJudgment Fr(lUd I
On August;?, 2007 Judge Connor rendered ajudgment for specific perfonnance to me to sell the property
to Sarnaan, fOf a price tlm.t exceeded market value. and with no attorney fees to be paid!. The Judgment can be:
viewed at·
http;//inproperinla.coml07-08-09-judgrnent&order-granting-summary-judgment-s.ooi
I
But it was clear to me for months by that time, that the litigation was entirely fraud, fr
to me, based on feading I that the target was my equity money, and that the method
a couple of reasons;
A to Z, It wa5 alsc, dear
specific: perfonnan,:e for
i, Derived from equity courts, it does not require ajury trial, making fraud
u, Given its unique nature, the exocution exposes the escrow process to ab by the court.
In the month that followed, Judge ConnOr engaged in fraud relative to the entry ofthe ·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 is easy when litig are never allowe.d to :;ee
the court records, as is the case in the LA Superior Court.
d) Appointment of/raudPlent "Escrow Referee" - Judge O'Brien
On August 30, 2007, in open court, Judge COMOI' stated that she: was going to issue order appointing an
escrow referee. In open court, by then knowing her /Taud routines, [ asked Judge Co or to "diligen(' and
issue an order that was in compliance with the law, On the transcript she stated that s had nl) intention to do so.
Therefore, when the referee contacted me, I demanded that the referee present his apfintmertt papers. As usual,
Sheppard Mullin and Samaan were noticed by the court, but I was never allowed to s the paper.>. What fte
referee, a retiredjudge presented for the foundation of his authority can be seen at:
http://ioproperinlacorn/07-Q9-D7·<Jbrien-s-paper.>-s.pdf I
I
DEC 09 2008 22:52 FR
OF AMERICA
n143864579
P.05
• Page 619
Derember 4, 2009
Coootrywide claimed to be "Non-Party", but the court interchar;geably designated it Plaintiff: Defendant,
Jntervenor, Objector, Cross.-<lefendant, with no reason or legal fi)undatioll at all. Court record, were written in a
manner that was clearly meant to hide the presence of Countrywide in the court room.
7) In a series o((rauds by the Samaan, CoUll1rywi4e, and the Court, I was dispossqsed o(mv komi'-
a) Statute of Fr(Ulds Fraud
Samaan filed her complaint in October 2005 with no contract in il On [email protected], 20Q2. Judge Connor OVerTuled
my demurrer on 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 thar. was
the subject of the litigation, in Reply brief to swnmary judgment motion by Sarnaan.
b) Fraudulent Summary Judgment Hearing
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 maieriaJfacts". At the tune of the
hearing, I had on the court calendar for Sept 10,2007, a hearing on sanctions against Sheppard Mullin
for knowingly fi Iing in court the fraudulent records from Countrywide, such as the ng letter of Oct 26,
2004, misrepresented as of OCt 14, 2004, and the contract misrepresented as arriving 1t Coumrywide on 0c1. 25,
2004. Obviously the very core tHcts in this case were disputable.
i
c) Entry ofJudgment Fr(lUd I
On August]. 2007 Judge Connor rendered ajudgment for specific petfonnance to me to sell the property
to Sarnaan, for a price thtit exceeded market value. and with no attorney fees to be The Judgment can be:
viewed <1(' • I

But it was clear to me fOf months by that time, that the litigation was entirely fraud, fr Ato Z It wa5 alsc, dear
to me, based 00 feading •that the target was my equity money, and that the method specific perfOlman,:e for
a couple of reasons:
i, Derived from equity courts, it does not require ajury trial, making fraud
u. Given its unique nature, the execution exposes the escrow process to ab by the court.
In the month tl1at followed, Judge Connor engaged in fraud relative to the entry ofthe ·udgmt: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? £t is easy when litig are never allowe.d to :iee
the court records, as is the C<.1.Se in the LA Superior Court,
d) Appointment offraudlLJent "Escrow Referee" - Judge O'Brien
On August 30, 2007. in open court, Judge COlUlOr stated that she: was going to issue order appointing an
escrow referee. In open court, by then knowing her mud routines, [ asked Judge Co or to be "diligen(' and
issue an order that was in compliance with the law. On the transcript she stated that s had M intention to do so.
Therefore, when the referee contacted me, I demanded that the referee present his apfintment papers. As usual,
Sheppard Mullin and Samaan were noticed by the court, but I was never allowed to s the What tl' e
referee., a retiredjudge presented for the foundation of his authority C3n be seen at:
http://inproperinla.coml07-Q9-D7-{)brien-s-papers-s.pdf I
I
I
-81-
DEC 09 2008 22:52 FR
K OF FH1ER I CH
7(143864sr
918(34264208;:' P.07
I
I
• Page 719 ., .., Oecambej4' 2008
I at the of reured Judge O'Snen m such a fraud.. But he deterred, and continue
hIS obstIUctlon conduct until early October, when he resigned.
e) Appointment of afraudulent"Receiver" - Sandor Sanuuls' friend - D . pQ.J:temak
By now. the file moved to Judge Segal, \'lith no assignment order, after Judge Allan G man, almost a month
after taking the case with no assignment order, recalled his "long term close personal rimdship with the l:hief
legal OffICer{ofCountrywider and recused.
Art Keshavarzi (Sheppard Mullin) and the court then routinely blamed me for my obj jng to their frauds
relatieve to the purported execution ofthejudgment that was not acknowledged lIS a v lid jUdgment by the ,;ourt-
e.g, - Judge O'Brien was never presented with the judgment [clr execution.
Judge Segal and Att Keshavarzi then gave a four day notice for a hearing on appo' t of receiver on
November 9,2007. When I saw the movmg papers I sent all notice that I considered t yet another fraud. 'Hle
order appointing receiver never referenced any section ofthe code as the basis for his orily, he was not
required to execute the which was not referenced either. And Keshavarzi ain fi'fiudulently
the Judgment with the Order GrdIlting Summary Judgment in is moving papers.
The moving papers and the order can be seen at:
http://inproperinla.com/O&-06-24-e
1) Further abuse by Pasternak, threoJ ofuse offorce to dispossess me, and raudldent conveyclJiIce of
tiJJ.e
The order appointing receiver never included the judgment. Had the execution been p the cour: 'liaS
obligated by law to distribute to me my equity within 30 days. Since there was no reI ance on the judgmern, the
court could not issue a Writ of Execution, neither did it ISSue an Abstract ofJudgmen Instead, the court relied on
straight forward fraud.
On November 21, 2007 - David Pasternak and Judge John Segal threatened me with e ofj()['(;e if I did nnt
vacate the property. But they could not issue an Unlawful Detainer, since they woul not rely on the Judgment.
I was exhausted, and I had a place that was renovated for me for several months final ready. I finally did what I
wanted to do since 2004 - and moved closer to my office.
In late November 2007 David Pasternak forcibly entered the property.
On December 7,2007, I was subjected to two additional abusive ex part procedures d gag orders. This tlln\l by
Escrow and Title companies, 1be court was in the process ofpt."Ipetrating real estate ud against me, and [
explained that well enough to escrow, that the escrow officer refused to cooperate wi the cowt. The soludon,
devised by Att David Pasternak, also a close friend ofMr Samuels was several-fold:
a) Gag ordelS on me, to prevent protected speech I defense ofself. b) an indemnity ment to compensate
escrow, at my expense, of any liability from collusion in crime with the court, c) vari us retallatory
against me.
In the first ofthese procedures Attorney from Buchalter Nemer, Richard Onnond, ap incognito. Neither he,
nor the judge (Lisa Hart-Cole) would agree to disclose his name or the name of his cI ent- Milra Escrow.
After December 7, 2007, the court file was moved to Judge Friedman, a personal fii d ofMr Samuels, who
refused to produce a statement on the record regarding his relationship with Coun 'de, or tinancial bene51s to
him and/or family membelS living with him, as required by California law, and also r fused to recuse.
Legal records and further description ofwhat took place on December 7,2007 I can found at:
http://inproperinla.convOS-06-24-exhibits-vol.y-receiversrntrill'!!:oductiono/oSB %5D f
DEC 09 2008 22:52 FR
v: OF Rt1ER I CR
7(1438645?C 918042642081:'
I
I
P.07
e off<m:e if I did n,)t
not rely on the Judgment.
ready. Uinally did what!
d gag ordetS. This tiIn\l by
ud against me, and [
the cow't. The soludoT1,
lhe order appointing receiver never included the judgment. Had the execution been p the caul': \.vas
obligated by law to distribute to me my equity within 30 days. Smce there was no reI ance on the judgmern, the
court could not issue a Writ of Execution, neither did it ISSue an AbstraCt ofJudgmen Instead. the court relied on
straight forward fraud.
On November 21, 2007 - David Pasternak and Judge John Segal threatened me with
vacate the property. But they could not issue an Unlawful DeUiiner, since they woul
I was exhausted, and I had a place that was renovated for me for several months final
wanted to do since 2004 - and moved closer to my office.
In late November 2007 David Pasternak forcibly entered the property.
On December 7,2007, I was subjected to two additional abusive ex part procedures
Escrow and Title companies, 1be court was in the process of pl-"Ipetrating real esl3te
explained that well enough to escrow. that the escrow officer refused to cooperate wi
devised by Att David Pasternak, also a close friend ofMr Samuels was several-fold:
a) Gag orders on me, to prevent protected speech I defenSe ofself. b) an indemnity ment to compensate
escrow, at my expense, of any liability from collusion in crime with the court, c) vari us retaliatory
against me.
In the first ofthese procedures Attorney from Buchalter Nemer, Richard Onnond, ap incognito. Neither he,
nor the judge (Lisa Hart-Cole) would agree to disclose his name or the name of his cl ent- Mi3ra Escrow.
After December 7, 2007, the court file was moved to Judge Friedman, a personal fii d ofMr Samuels, who
refused to produce a statement on the record regarding his relationship with COUll 'de, or tlnancial bene51s to
him and/or family members living with him, as required by California law, and also r fused to recuse.
Legal records and further description ofwhat took place on December 7,2007, can found at:
http://inproperinla.comfOS-06-2<kxhibits-vol-v-receivershitrintroductiono/oSB %5D f
• Page 719 , Oecambej4' 200S
I :ras at the of retired Judge O'Brien in such a fraud. But he deterred, and continue
hIS obstIUctlon conduct until early October, when he resigned.
e) Appointment of afraudulent"Receiver" - Sandor Sanuuls' friend - D . pQ.J:temak
By now.. the file to Judge Segal, \Vith no assignment order, after Judge Allan G
r
'man,almost a month
after taking the case With no ssslgilll1ent order, recalled his "long term close personal rimdship with the l:hief
legal OffICer{ofCountrywide/" and
Art Keshavarzi (Sheppard Mullin) and the court then routinely blamed me for my obj ing ro their frauds
relatieve to the purported execution ofthejudgment that was not acknowledged as a v lidjUdgment by the ,;clurt-
e.g, -- Judge O'Brien was never presented with the judgment felr execution.
Judge Segal and At! Keshavarzi then gave a four day notice for a hearing on appo' Iof receiver on
November 9,2007. When I saw the movmg papers I sent all notice that I considered t yet another fraud. 'Hle
order appointing receiver never referenced any section ofthe code as the basis for his ority, he was not
required to execute the which was not referenced either. And Keshavarzi iain /Tfiudulently repla·;ed
the Judgment with the Order GrdIlting Summary Judgment in is moving papers.
The moving papers and the order can be seen at: I
bttp://inproperinla.comlQ&-06-24-e
1) Furt/ler abuse by Pastemak, threat o/use offorce to dispossess me. and raudldent COllveyClJiIce of
tiJ1e
-82-
DEC 09 2008 22:52 FR
< OF RMERICR
918042542082 P.08
I
I
I
• Page819
Decembe 4.2008
By December 17, 20ll7, Attorney Pasternak. filed fraudulent grant deed on my ptope in the office ofthe
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
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.CQmJ07-12-17-opinion-letter.fraud-in-grant-deeds-wQf
8) Iud Friedman - a close . nd 0 SaNlor Samuels continues he abuse to t Mr:
On January 11. 2008, Judge Friedman, in an unrecorded adjudication, with no judici authority in thIs case at all
(he never had any assignment order, - like all other judges in this case), iSStItd an a .rt!ac'i.() order, that Judge
Connor's gag order (which she had never issued) from July 23, 2007, was "in!uU!o and effect".
He then proceeded in 2008, at the urging ofCountrywide, to sancti n me for $22,500, for
violations in 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
Abuse continues to this very day.
9) Who is IJryan Cave UP r f
The latest was a motion by Keshavarzi for Samaan to establish 11 "ReclWery". In fact, e abuse could continue for
ever, since there is no judgment in this 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 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 pmbably
being funded by Sandor Samuels, who - I have no indication is authorized by Bank f to do so.
Not surprising - the Court ofJudge 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 COml
Countrywide.
I request that you inform me as soon as possible, but no later than F '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 Satnailll ... Zernik?
In recent months I have been writing to the Presiding Judge of LA Superior Court St hen Zculeger, and asking to
explain to me;
a) What is Samaan vZemik?
The evidence as a whole indicates that it is not a case ofthe california S . r COUlt.
b) Why is no judge appointed as required by law through an assignment order?
DEC 09 2008 22:52 FP
• Page819
< OF RMERICR
918842542082
I
I
I
I
Deo3mbe 4.2008
P.08
By December 17, 2..QQ1, Attorney Pasternak. filed fraudulent grant deed on my ptope
RegistrarIRecorder of LA County. To this very day I have not received a penny fro
purported sale of my home. The fraud by Pasternak on behalf of the court was co
James Wedick, decorated by the U.S. Congress, by the U.S. Attorney General, and b
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
in the office ofthe
the proceeds ofthe
cd by veteran FBI
the FBI Director. His
8) Iud Friedman - a cLose . nd 0 SaNlor Samuels continues he abuse to t dilr:
On January 11.2008, Judge Friedman, in an unrecorded adjudication, with no judici authority in thIs case at all
(he never had any assignment order, - like all other judges in this case), iSStItd an a st/aci,o order, that Judge
Connor's gag order (which she had never issued) from July 23, 2007, was "in/tiU/o andeffect".
He then proceeded in 2008, at the urging ofCountrywide, to sancti n me for $22,500, for
violations in 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
Abuse continues to this very day.
9) Who is IJryan CaveUPr f too i'ls it Bank 0 Amuil:a Co orati(m
The latest was a motion by Keshavarzi for Samaan to establish 11 "ReclWery". In fact, e abuse could continue for
ever. since there is no judgment in this C<lSe.
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 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
being funded by Sandor Samuels, who - I have no indication is authorized by Bank f to do so.
Not surprising - the Court ofJudge 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
Countrywide.
I request that you inform me as soon as possible, but no later than F '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 ... Zernik?
In recent months I have been writing to the Presiding Judge of LA Superior Court St hen Zculeger, and asking to
explain to me:
a) What isSamaan. ... Zemik?
The evidence as a whole Indicates that it is not a case ofthe california S . r COUlt.
b) Why is no judge appointed as required by law through an assignment order?
-83-
DEC 09 2008 22:53 FR
: OF Ar1ER I CA
7043864579 :3180426421382 P.09
I
I
• Page 919 4, 2000
c) Absent such assigmnent what is the authority of Judge Friedman in till, case, ifany?
d) Is there or isn't there ajudgment that is entered, valid, and effectual in this casf
The office ofthe Presiding Judge is refusing to answer! II
The answer that l have reached is simple: Sarr/Qan v Zernik is an Enterprise Tru.ck casf Los Angeles Court.
r believe that there are many cases like this one, but nobody maIlaged to document it aj; carefully as I did.
I know it is sounds as an absurd, but I have tried almost anything elsl by now, tbis is
almost last resort: r
I am pleading with the Boud of of a corporation to protec my ClIVi! rights
pursuaot to the Anlendment to the Unite States Constitution, for Fre Sp«:ch, for-Due
Process, and for Possession, and for the Common Law right to acces judkial records, to
inspect and to copy, affirmed by the U.S. Supreme Court in Nix()n v.
Communications.
12-4-08
Date Joseph Zemik
** TO TAl PAGF. i/lCl **
DEC 09 2008 22:53 FR
OF HI1ER I CH
7043864579 :3180426421382
I
P.09
I
• Page 919 4, 2000
c) Absent such assigmnent what is the authority of Judge Friedman in thi, case, ifany?
d) Is there or isn't there ajudgment that is entered, valid, and effectual in this casf
The office ofthe Presiding Judge is refusing to answer! II
The answer that l have reached is simple: Sarr/Qan v Zernik is an Enterprise TtllCk ca.5f ofthe: Los Angeles CQurt.
r believe that there are many cases like this one, but nobody mallaged to document it aj; CMefull)' as I did.
I know it is sounds as an absurd, but I have tried almost anything els
1
by now, tbis is
almost last resort: r
I am pleading with the Boud of of a corporation to my CIIvil rights
pursuaot to the Anlendment to the Unite States Constitution, for FI'e¥Pefi:Ch, for Due
Process, and for Possession, and for the Common Law right to acces judicial records, to
inspect and to copy, affirmed by the U.S. Supreme Court in Nixon v. arMf
Communications.

12-4-08 !
Date Joseph Zemik
** TO TAl PAGF. i/lCl **
-84-
-85-
16:29 FAX 310 576 2200
BRYAN CAVE LLP
[4]001
****************.************.
MULTI TXlRX REPORT ***
**********************•• ******
TXlln NO
4710
PGS.
3
TXIRX INCOMPLETE
TRANSACTION OK
(1) #217918019980917
(2) #217912136201398
(3) #217913104471902
ERROR INFORMATION
(4) #217913105531540
---
BrY·311 Cave UP
Bl'yan Cavil LLP
Facsinlile Cover
121) Bl'oadway. SUite 300
S!lnla Monica. CA 90401-2386
Tel (3101576-2100
This facsimile CQntains mfonnalian that (a) is DC may be LEGALLY PRIVILEGED, PROPRIETARY
Fe,x (3101576·2200
IN NATURE, OR OTHERWISE PROTECTED BY LAW PROM DISCLOSURE and (b) is immdcd
for tbe of the Addressee(s) named herein. If you are not me intended recipienl, au address/ee, WINW,bryaOCJve,com
or the person responsible for delivering iliis to an addressee, you are hereby notified that reading/
or distributing this facsimile is prohibired. If you have received this facsimile iu error
telephone us immediately lind rnail the back to Il$ at the address [0 the 0/;111. Thllnk you.
Dare:
Froll>:
Sent by;
December 11, 2008
Jenna Moldawsky
Secretary
Telephone:
Sender's DlIect Fax Number:
(310) 576-2377
(310) 576-2200
To: Joseph Zemik DMD
PhD
Fax Number: 801-998-0917
To:
Company;
Moe Kashavatzi, Esq.
Sheppard Mullin RIchtn
& Harnpwn, LLP
Fax Number: 213-,620-1398
Company:
Robert J. Shullcin,
Esq.
Coldwell Banker
Residential Brokerage
Company
Fax Number. 310--447-1902
To:
Company:
David J. Pasternak,
Esq.
Pastcruak, Pa;;temak &
Pa(wn,ILP
Fax Number: 310·553-1540
Matter 0211679 Timekeepe.r ID: 9076 Number of Pages IncludJJlg C<wer: 3
Message:
16:29 FAX 310 576 2200
BRYAN CAVE LLP
****************.************.
MULTI TXlRX REPORT ***
**********************•• ******
[4]001
TXlIU NO
PGS.
TX/RX INCOMPLETE
TRANSACTION OK
ERROR INFORMATION
4710
3
(1) #217918019980917
(2) #217912136201398
(3) #217913104471902
(4) #217913105531540
---
BrY·311 Cave UP
Facsinlile Cover
This facsimile C()ntains mfonnalian that (a) is DC may be LEGALLY PRIVILEGED, PROPRIETARY
IN NATURE, OR OTHERWISE PROTECTED BY LAW PROM DISCLOSURE and (b) is immdcd
for tbe of the Addressee(s) named herein. If you are not me intended recipienl, au address/ee,
or the person responsible for delivering iliis to an addressee, you are hereby notified that reading/
or distributing this facsimile is prohibired. If you have received this facsimile iu error
telephone us immediately lind rnail the back to Il$ at the address [0 the 0/;111_ Thllnk you.
Bl'yan Cavil LLP
121) Bl'oadway. SUite 300
S!lnla Monica. CA 90401-2386
Tel (3101576-2100
Fe,x (3101576·2200
WINW,bryaOCJve,com
Dare:
Froll>:
Sent by:
To:
To:
Company:
Company:
To:
Company:
December 11, 2008
Jenna Moldawsky
Secretary
Joseph Zemik DMD
PhD
Moe Kashavatzi, Esq.
Sheppard Mullin RIchtt:r
& Harnpwn, LLP
Robert J. Shullcin,
Esq.
Coldwell Banker
Residential Brokerage
Company
David J. Pasternak,
Esq.
Pastcruak, Pa;;temak &
Pa(wn,ILP
Telephone:
Sender's DlIect Fax Number:
Fax Number:
Fax Number:
Fax Number.
Fax Number:
(310) 576-2377
(310) 576-22(10
801-998-0917
213-,620-1398
310--447-1902
310·553-1540
Matter
Message:
0211679 Timekeepe.r ID: 9076 Number of Pages IncludJJlg ewer: 3
-86-
Bryan Ca'ie LLP
Bryan Cave llP
Facsimile Cover
1;'0 Broadway, Suite 300
Santa Monica, CA 90401-2386
hi (310) 576-2100
This facsimile C(JIltainS infonnation that (a) is or may be LEGALLY PRIVILEGED, PROPRIETARY
Fi x (310) 576-2200
IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE and (b) is intended
for the use of the Addressee(s) named herein. If you are not the intended recipient, an
wNw.bryancavecom
or the person responsible for delivering this to an addrcssee, you are hereby notified that reading,
copying or distributing this facsimile is prohibited. If you have received this facsimile in error, please
tclephone us immediately and mail the facsimile back to us at the address to thc right. Thank you.
Date: I)ecember 11, 200H
From: ICtlna Moldawsky Telephone: Ci to) 57(l2:r'7
Sent by: Secretary Sender's Direct 1"ax Number: p to) 57(l22(}(J
To: Joseph Zernik DMD Fax Number: 801-998-0917
PhD
To: Moe Kashavarzi, Esq. Fax Number:
( :olllpany: Sheppard Mullin RIChter
& Hampton, LLP
To: Robert J. Shulkin, Fax Number: 310-447-1902
Esq.
Company: ColdweU Banker
Resldentlal Brokerage
Company
David J. Pasternak, Fax Number: 310-553-1540
Esq.
Company: Pasternak, Pasternak &
Patton, IJ ,P
Matter 0211679 Timekeeper [D: 9076 Number of Pages lncluding (,1 lvcr: 3
]Vlcssage:
'1'0 Sender:
Do you wish to be contacted when fax is sent?
DYes [8] No
Do you wish to be contacted at your home/ office if fax
DYes [8] No
cannot be sent within one hour? Tel:
If all pages are not received, please cal1 (310) 576-2374 or (310) 576-2354.
Facsimile Cover
This facsimile c\Jntalns infonnation that (a) is or may be LEGALLY PRIVILEGED,
IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE and (b) is intended
for the usc of the Addressee(s) named herein. If you are not the intended recipient, an
or the person responsible for delivering this to an addressee, you are hereby nOllfted that reading.
copymg or distributing thi, facsimile is prohibited. If you have received this facSimile In error, please
telephone us immediately and mail the facsimile back to us at the address to the right. Thank you
Bryan Ca'ie LLP
Bryan Cave LLP
1;'0 Broadway, Suite 300
Santa Monica, CA 90401-2386
TIl ;310) 5762100
F, x (31015762200
"" Nwbryancave corn
Dale:
From:
Sent by:
To:
To:
Company:
To:
Company:
To:
Company:
December 11, 200H
letwa Moldawsky
Secretary
Joseph Zcrnik DMD
PhD
Moe Kashavarzi, Esq.
Sheppard Mullin RIchter
& Hamptun, LLP
Robert J. Shulkin,
Esq.
ColdweU Banker
Resldent131 Brokerage
Company
David J. Pasternak,
Esq.
Pasternak, Pasternak &
Patton, IJ ,P
Telephone:
Sender's Direct hlX Numbe r:
Fax Number:
Fax Number:
Fax Number:
Fax Number:
('itO) 57(l2:r'7
PIO) S7(l221}(J
801·998-0917
21.3·620-
310-447-1902
310-553-1540
Matter
IVlcssagc:
0211679 Timekeeper [I): 90
7
(j Number of Pages lncluding (,1 )'o'cr: 3
'1'0 Sender:
Do you wish to be contacted when fax is sent?
Do you wish to be contacted at your home/office if fax
cannot be sent within one hour? Tel:
If all pages are nor received, please caB (310) 576-2374 or (310) 576-2354.
DYes
DYes
[8] No
[8] No
-87-
Jennl MoldJ.\\isky
[)lftCL ,W-S7(,-2Y'7
lcnna C.CI.llTl
December 11, 2008
;'-:(,/.1 11 C;lve LlP
VIA FACSIMILE AND EMAIL
Joseph Zernik DMD PhD
2415 Saint C;eorge Street
Los j;eliz, California 90027
m rth1111 k.lle[
Moe Keshavarzl, I':sg.
Sheppard I\lullin IZlChter & [lampton, I LP
333 South 1lope Street, 4Hth I;loor
Los Angeles, CA 90071144t\
I'acsllnilc: 7. n (l20 -I 39H

Robert]. Shulkl11, EsLj.
I ,egaI Departmmt
Coldwell Hanker ReSldefltial Brokerage Company
11 (ll 1 San Vicente Boulevard, 9
th
floor
Los Angeles, Ci\ 90049
Facsimile:) 10447-1902

DaVid I. Pasternak
Pasternak, Pasternak & Patton, LLP
1875 Century Park East, Suite 2200
Los Angeles, California 90067-2523
Facsuni1c: 310-553-1540

Re: Nivie Samaan v. Joseph Zernik
Los Angeles County Superior Court, Case No. SC8087400
Notice of Ex Parte Application
Gentlemen:
Please be advised that Non-Party Countrywide Home Loans, Inc. ("Countrywide")
will apply exparte for an order shortening time for the Court to hear Countrywide's
motion (1) for monetary sanctions against Defendant Joseph Zernik ("Zernik") for
r;I)[l'
5(-.101 DOCS665715.1
December 11, 2008
VIA FACSIMILE AND EMAIL
Joseph Zernik DMD PhD
2415 Sault C;eorge Street
Los j;eliz, California 90027
m rth1111 k.lle I
Moe Keshavarzl, I':sg.
Sheppard Mullin H.lChter & [lampron, I LP
333 South 1lope Street, 48th 1;lom
Los Angeles, CA 900711448
l'acslmi1c: 7.]) ()20-1398

Robert]. Shulkl11, EsLJ.
I ,egaI Departmmt
Coldwdl Hanker Reslderltial Brokerage Company
11 (li 1 San Vicente Boulevard, 9
th
floor
Los Angeles, Ci\ 9()049
J;acsimile:110447 1902

DaVid J. Pasternak
Pasternak, Pasternak & Patton, LLP
1875 Century Park East, Suite 2200
Los Angeles, California 90067-2523
Facsunilc: 310-553-1540

Jennl MoldJ.\v.:;ky
DlftCL ,!il-S7(,-2Y'7
Re: Nivie Samaan v. Joseph Zernik
Los Angeles County Superior Court, Case No. SC8087400
Notice of Ex Parte Application
Gentlemen:
Please be advised that Non-Party Countrywide Home Loans, Inc. ("Countrywide")
will apply exparte 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 UP
Robert J. Shulkin, Esq.
David J. Pasternak, Esg.
December 11, 2008
Page 2
his repeated vlOlaoons of the July 23, 2007 Protective Order directing Zernik to communicate solely
with Countrywide's desit,'11ated counsel regarding the present actlon and no other Countrywlcle
officers or employees ("Court Order"); (2) for an order to show cause why Defendant Joseph I.ernik
should not be held in contempl and sanctioned accordingly for his contll1ued violations of t he Court
Ordn; and (3) for a modification of the Court Order to include officers and employees of all
Countrywide affiliates, including Bank Of America Corporation, which acqUired Countrywide Ill) ul)
20(1) (the "Motion"). Countrywide requests that the Court set the eartiest possible heanng date on
thiS Motion. In the alternative, CountryWide asks the Court to set a hearing date 0 f) anuary H, 200(),
whICh would provide the partIes with sixteen court-days' notice.
Countrywide's eX parle application seeks relief on the grounds that Defendant Joseph Zernik conl1nu('s
to violate the terms of the July 2\ 2007 protective ordn by contactUlg CountrYWide's scniol' officers
and employees, and CountryWide will suffer Irreparable harm If It IS forced to continue to endure
I.ernik's harassment Without timely court intervention to resolve tlus matter.
Countrywide's ex parte application will be heard at 8:30 a.m. on Monday, December 15, 20illi, in
Department WE) of the Los Angeles Superior Court, located at 1725 Main Strelet, Santa f'vl(,nica,
Cali forllla, 90401.
Please adVise as to whether you intend to appear and/or oppose Countrywide'S 1'.,' pariI' applicatioll.
Very truly y o u r ~ ,
9'/iVI<iL'yrLbl,:U4¥r
Jcnna Moldawsky
SMUlDOCSGG57 I 5 \
Joseph Zernik DMD PhD
Moe KeshavarZl, Esq.
Robw J. Shulkin, Esq.
David J. Pasternak, Esg.
December 11, 2008
Page 2
Bry,jfl Cave UP
his repeated Vlolaoons of the July 2:1, 2007 Protective Order directing Zernik to communicate solely
with Countrywide's deslt.,'1latcd counsel regarding the present actlon and no othCl" Counlrywlde
officers (II' employees ("Court Order"); (2) for an order to show cause why Defendant Josel'h l.erlllK
sh( >ltld not be held in contempl and sanctioned accordingly for his contmued violatlons of the (:ourt
Order; and (3) for a modification of the Court Order to include officers and employees of all
Countrywide affiliates, lllcluding Bank Of America Corporation, wluch acqUired Countrywllk 111 Jull
200i) (the "J'vlotHm"). Countrywide requests that the Court set the earlIest possible heanng (\;Ite 011
thiS i\\ot!on In the alternative, CountryWide asks the Court to set a hearing date of January H, 200(),
whIch would provide the parnes with sixteen court-days' notice.
CountrywIde's eX purle application seeks relief on the grounds that Defendant .Joseph Zernik contlnul'S
to VlO!atc the terms of the July 2\ 2007 protective order by contactmg CounrrywIl1c's sel11OI' ofllcers
and employees, and CountryWIde will suffer Irreparable harm If It IS forced to continue to elldure
Zernik's harassment Without timely court llltervcntlOn to resolve tlus matter.
Countrywide's ex pllrte application will be heard at 8:30 a.m. on Monday, December 15, 20illi, in
Departlllellt WE) of the Los Angeles Superior Court, located at 1725 tvlalIl SrtTlet, S:lllra f'vl(,nica,
Cali forllla, 90401.
Please adVise as to whether you intend to appear and/or oppose Countrywide's I'\. purie application.
Vcry truly yours,
Cif/iVI<iL'yrLblc.U
4
¥r
Jenna Moldawsky
\
-89-
5
10
15
20
25
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
Atturneys fur Non-Party COUNTRYWIDE HOME LOANS, H\C.
6
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
11
NIVIE Sl\NL\AN, et aI., Case No. SC0874CiO
W
<Xl
<'l
12 N
Plaintiffs, PROOF OF SERVJCE
00
o ~
<'l 0
13
0.. OJ 01
(Filed concurrently with Ex Parte Application;
..J !::: «
vs. \1emorandum of Points and '\llthorities;
~ ~ ~ 14
~ ,.: ~ Declarations ofJenna Moldawsky and Todd
U ~ ::J
'\. Boock and [Proposed] Orderl
Z 0 .:
.: .: U
>- 0 . JOSEP] I ZERNIK, et ai.
ll: ll: .:
mm ~
J
Fx Parte Hearing
o Z
16
N 0
Defendants. P.ate: December 15, 2008
- ~
.: I une: 8:.10 a.m.
I- 17
.:
Z
"_____ Dept: WEJ
(f)
18
19
21
22
23
24
26
27
28
SMOI DOCS712696.1
PROOF OF SERVICE
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
6
Atturneys fur Non-Party COUNTRYWIDE HOME LOANS, U\c.
7
8
9
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
18
15
JOSEFII ZERNIK, et ai.
Case No. SC087400
PROOF OF SERVJCE
(Filed concurrently with Ex Parte Application;
:\1emorandum of Points and ,\llthorities;
Declarations ofJenna Moldawsky and Todd
'\. Boock and [Proposed] Orderl
J
Fx Parte Hearing
P.ate: December 15, 2008
I une: 8:.10 a.m.
"_____ Dept: WE.!
Plaintiffs,
Defendants.
vs.
NIVIE Sl\NL\AN, et aI.,
]2
]4
13
17
16
1]
W
<Xl
<'l
N
00
o ~
<'l 0
0.. OJ 01
..J ~ «
~ ~ ~
~ ,.: ~
U ~ ::J
Z 0 .:
.: .: U
>- 0 .
ll: ll: .:
mm ~
o Z
N 0
- ~
.:
I-
Z
.:
(f)
19
20
21
22
23
24
25
26
27
28
SMU} DOCS712696.1
PROOF OF SERVICE
-90-
5
10
15
20
25
PROOF' OF SERVICE
2
I am employed in the County of Los Angeles, State of California. I am over the age of 18
,.,
and not a party to the within action. My business address is 120 Broadway, Suite 300, Santa
-'
Monica, California 90401-2305.
4
On December 12, 2008, I served the foregoing document(s), described as on the interested
party(s) in this action, as follows:
EXPARTEAPPLICATION FOR AN ORDER SHORTENING TIME TO HEAR NON-
6
PARTY COUNTRYWIDE HOME LOANS, INC.'S MOTION FOR MONETARY
SANCTIONS AGAINST DEFENDANT JOSEPH ZERNIK FOR VIOLATIONS OF THE
7
JULY 23,2007 PROTECTIVE ORDER AND FOR OTHER RELIEF ON THE EARLIEST
POSSIBLE HEARING DATE; MEMORANDUM OF POINTS AND AUTHORITIES
8
[PROPOSED] ORDER GRANTING COUNTRYWIDE'S EXPARTEAPPLICATION
9
FOR AN ORDER SHORTENING TIME TO HEAR NON-PARTY COUNTRYWIDE
HOME LOANS, INC.'S MOTION FOR MONETARY SANCTIONS AGAINST
DEFENDANT JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2H07
PROTECTIVE ORDER AND FOR OTHER RELIEF
] ]
(0
to
DECLARATION OF JENNA MOLDAWSKY IN SUPPORT OF COUNTRYWIDE HOME
<'l
]2
t:J
LOANS, INC.'S EXPARTEAPPLICATION FOR AN ORDER SHORTENING TIME TO
o
00
<f
]3
HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST
<'l 0
n. "' 0\ JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007 PROTECTIVE ORDER
.J t «
AND FOR OTHER RELIEF
]4
> '0
« >- ..
U J
DECLARATION OF TODD A. BOOCK IN SUPPORT OF COUNTRYWIDE HOME
Z 0 «
«
>-
«
0
U
LOANS, INC.'S EXPARTEAPPLICATION FOR AN ORDER SI-IORTENING TIME TO
D: D: .{
rn rn HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST DEFENDANT
o Z
16
JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007 PROTECTIVE ORDER N 0
- ::;:
AND FOR OTHER RELIEF
«
>- 17
Z
«
(J)
18
DaviJ J. Pasternak Moe Keshavarzi, :Esq.
Pstcrnak, Pastcrnak & Patton, LLP Sheppard Mullin Richter & Hampton, LLP
19
1875 Ccntury Park East, Suite 2200 333 South Hopc Streer, 48th Floor
Los j\ngcles, California 90067-2523 Los Angeles, C\ 90071-1448
dJP(21.pasla\V .com Facsimile: 213-620- 1398
2]
mkcshavarzi(fvS11 C\2Pl!XU l11ulli 11. CC!.m
Robert .J. Shulkin, Esq.
22
Legal Department
23
Co1dwcll Banker Residential Brokerage Company
11 () II San Vicente Boulevard, 9
th
floor
24
J_os Angeles, C\ 90049
J,'acsimilc: 310447·1902
robert.shulk111(i1'clmo\'cs.com
26
(VIA ELECTRONIC SERVICE - CRe 2060©) The document was served via
27
electronic transfer upon the parties listed using their e-mail addresses as shown above. Each
transmission was reported as complete and without error.
28
SMOIDOCS\712696 I 2
._------- -----
PROOF OF SERVICE
PROOF' OF SERVICE
On December 12, 2008, I served the foregoing document(s), described as on the interested
party(s) in this action, as follows:
I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address is 120 Broadway, Suite 300, Santa
Monica, California 90401-2305.
cg] (VIA ELECTRONIC SERVICE - CRe 2060©) The document served via
electronic transfer upon the parties listed using their e-mail addresses as shown above. Each
transmission was reported as complete and without error.
DECLARATION OF TODD A. BOOCK IN SUPPORT OF COUNTRYWIDE HOME
LOANS, INC.'S EXPARTEAPPLICATION FOR AN ORDER SI-IORTENING TIME TO
HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST DEFENDANT
JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007 PROTECTIVE ORDER
AND FOR OTHER RELIEF
Moe Keshavarzi, £.:sq.
Sheppard Mullin Richter & Hampton, ] J.P
333 South Hopc Street, 48th Floor
Los Angeles, C\ 90071-1448
Facsimile: 213-620- 1398
mkcsl1avarzi(ivsllC)2Pl!Xu l11uLhn.c<!.Ql
DaVIU.1. Pasternak
Pstcrnak, Pastcrnak & Patton, LLP
1875 Ccntury Park East, Suite 2200
Los i\ngcles, California 90067-2523
dJP(cl.pasla\v.co!11
Robert .J. Shulkm, Esq.
Legal Department
Coldwcll Banker Residential Brokerage Company
11 () I 1 San Vicente Boule\'ard, 9
th
floor
I_os Angeles, C\ 90049
Facsimile: 31\14471902
robert.shulk111(ciclmo\"es.cum
EXPARTEAPPLICATION FOR AN ORDER SHORTENING TIME TO HEAR NON-
PARTY COUNTRYWIDE HOME LOANS, INC.'S MOTION FOR MONETARY
SANCTIONS AGAINST DEFENDANT JOSEPH ZERNIK FOR VIOLATIONS OF THE
JULY 23,2007 PROTECTIVE ORDER AND FOR OTHER RELIEF ON THE EARLIEST
POSSIBLE HEARING DATE; MEMORANDUM OF POINTS AND AUTHORITIES
[PROPOSED] ORDER GRANTING COUNTRYWIDE'S EXPARTEAPPLICATION
FOR AN ORDER SHORTENING TIME TO HEAR NON-PARTY COUNTRYWIDE
HOME LOANS, INC.'S MOTION FOR MONETARY SANCTIONS AGAINST
DEFENDANT JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2H07
PROTECTIVE ORDER AND FOR OTHER RELIEF
DECLARATION OF JENNA MOLDAWSKY IN SUPPORT OF COUNTRYWIDE HOME
LOANS, INC.'S EXPARTEAPPLICATION FOR AN ORDER SHORTENING TIME TO
HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST
JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007 PROTECTIVE ORDER
AND FOR OTHER RELIEF
2
,.,
-'
4
5
6
7
8
9
10
] ]
(0
to
<'l
]2
t:J
00
o <f
]3 <'l 0
n. "' 0\
.J t «
]4
> '0
« >- ..
U J
15
Z 0 «
« « U
>- 0
D: D: .{
rn rn
16
o Z
N 0
- ::;:
«
17 >-
Z
«
(J)
18
19
20
2]
22
23
24
25
26
27
28
SMOIDOCS\712696 I 2
._------- -----
PROOF OF SERVICE
-91-
5
10
15
20
25
Executed on December 12,2008, at Santa Monica, California.
I declare under penalty of perjury under the laws of the United States of America and the
2
State of California that the foregoing is true and correct.
3
4
~ ' & = ~ ~
Deborah Swisher
6
7
8
9
11
lO
00
M
~
12
o 0
o '<I
M 0
13
ll.. .. Ol
-J t 0(
~ ~ ~ 14
> • 0
.: >- lL
U -< -
;l: J
2 a -<
-< .: U
>- 0 •
0: 0: -<
lD lD ~
o
16
2
N 0
~ ::E
.:
17 I-
2
-<
(/)
18
19
21
22
23
24
26
27
28
SMOI DOCS\712696.1 3
PROOF OF SERVICE
Executed on December 12,2008, at Santa Monica, California.
I declare under penalty of perjury under the laws of the United States of America and the
State of California that the foregoing is true and correct.
2
3
4
5
6
7
8
9
10
1I
lO
00
M
12
~
o 0
o '<I
13
M 0
a. '" Ol
..J t 0(
~ ~ ~ 14
> • 0
" >- LL
U " -
~ ..J
15 z a "
" " U >- 0 •
0: 0: "
lD lD ~
16 o z
N 0
~ ::E
"
17 I-
z
" (/)
18
19
20
21
')')
"--
23
24
25
26
27
28
SMOI DOCS\712696. J
~ ' J ? = I J t J ~
Deborah Swisher
.,
.J
PROOF OF SERVICE
-92-
5
10
15
20
25
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,
described as:
6
EXPARTEAPPLICATION 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
[PROPOSED] ORDER GRANTING COUNTRYWIDE'S EXPARTEAPPLICATION
FOR AN ORDER SHORTENING TIME TO HEAR NON-PARTY COUNTRYWIDE
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
C')
12
':I
DECLARATION OF JENNA MOLDAWSKY IN SUPPORT OF COUNTRYWIDE HOME
o (;
o <l
13
LOANS, INC.'S EXPARTEAPPLICATION FOR AN ORDER SHORTENING TIME TO
C') 0
Ol n. Ul HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST DEFENDANT
..J !: 0(
JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007 PROTECTIVE ORDER
~ ~ ~ 14
> • 0
AND FOR OTHER RELIEF
.: >- ..
U .: -
:: .J
Z 0 .:
.: .: U
>- 0 •
DECLARATION OF TODD A. BOOCK IN SUPPORT OF COUNTRYWIDE HOME
Il: '" .:
ID ID ~ LOANS, INC.'S EXPARTEAPPLICATION FOR AN ORDER SHORTENING TIME TO
o Z
16
HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST DEFEl"JDANT
.:
JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007 PROTECTIVE ORDER
_
N
::E
0
17 I-
Z AND FOR OTHER RELIEF
.:
III
18
personally by hand delivery, on each interested party in this action as follows:
19
Joseph Zernik D1\ID PhD
2415 Saint George Street
Los I'eliz, 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
Jerma Moldawsky
26
27
28
SMOl DOCS712696.1 4 PROOF OF SERVICED
2
,.,
.J
4
5
6
7
8
9
10
11
III
00
C')
12
':I
o (;
o <l
13
C') 0
n. Ul Ol
..J !: 0(
~ ~ ~ 14
> • 0
.: >- ..
U .: -
:: .J
15
Z 0 .:
.: .: U
>- 0 •
Il: '" .:
ID ID ~
16
o Z
N 0
_ ::E
.:
17 I-
Z
.:
III
18
19
20
21
22
23
24
25
26
27
28
PROOF OF SERVICE BY HAND DELIVERY
I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address is 1511 Beverly Blvd., Los Angeles,
California.
On December 15,2008, I served the within document and the following documents,
described as:
EXPARTEAPPLICATION FOR AN ORDER SHORTENING TIME TO HEAR NON-
PARTY COUNTRYWIDE HOME LOANS, INC.'S MOTION FOn MONETARY
SANCTIONS AGAINST DEFENDANT JOSEPH ZERNIK FOR VIOLATIONS OF THE
JULY 23, 2007 PROTECTIVE ORDER AND FOR OTHER RELIEF ON THE EARLIEST
POSSIBLE HEARING DATE; MEMORANDUM OF POINTS MID AUTHORITIES
[PROPOSED] ORDER GRANTING COUNTRYWIDE'S EXPARTEAPPLlCATION
FOR AN ORDER SHORTENING TIME TO HEAR NON-PARTY COUNTRYWIDE
HOME LOANS, INC.'S MOTION FOR MONETARY SANCTIONS AGAINST
DEFENDANT JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007
PROTECTIVE ORDER AND FOR OTHER RELIEF
DECLARATION OF JENNA MOLDAWSKY IN SUPPORT OF COUNTRYWIDE HOME
LOANS, INC.'S EXPARTEAPPLICATION FOR AN ORDER SHORTENING TIME TO
HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST DEFENDANT
JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007 PROTECTIVE ORDER
AND FOR OTHER RELIEF
DECLARATION OF TODD A. BOOCK IN SUPPORT OF COUNTRYWIDE HOME
LOANS, INC.'S EXPARTEAPPLICATION FOR AN ORDER SHORTENING TIME TO
HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST DEFEl"JDANT
JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007 PROTECTIVE ORDER
AND FOR OTHER RELIEF
personally by hand delivery, on each interested party in this action as follows:
Joseph Zernik DI\ID PhD
2415 Saint George Street
Los I'eliz, Califorma 90027
Executed on December 15,2008, at Santa Monica, California.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
.J erma Moldawsky
SMOl DOCS712696.1 4 PROOF OF SERVICED
-93-
5
15
10
20
25
BRYAN CAVE LLP
John W. (C\ State Bar No. 108166)
2 Jenna Moldawsky (CA State Bar No. 246109)
120 Broadway, Suite 300
3 Santa 1Ionica, California 90401-2386
Telephone: 310-576-2100
4 Facsimile: 310-576-2200
Attorneys for Non-Partv COUNTR1"WIDE HOME LOANS, INC.
- -
6
7
8
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
11
13
14
12
Ys.
Plaintiffs,
JOSEPH ZERNIK, et al.
16
17

18
19
21
22
)'l
_.J
24
26
27
28
SMOlDOCS712696.2
Defendants.
Case No. SC087400
PROOF OF SERVICE
[Filed concurrently with E.\: Parte Application;
Memorandum of Points and \uthoritics;
Declarations of lenna Moldawskv and Todd
A. Boock and [proposedI Ordcr(
Ex Parte
, o.ate: December 15, 2008
Time: 8:30 a.m.
I
Dept: WEJ
1 PROOF OF SERVICE
BRYAN CAVE LLP
John W. ~ \ m b e r g (C\ State Bar No. 108166)
2 Jenna Moldawskv (C-\ State Bar No. 246109)
120 Broad\vav, Swte 300
3 Santa Monica, California 90401-2386
Telephone: 310-576-2100
4 Facsimile: 310-576-2200
5
6
Attorneys for Non-Party COUNTR1"WIDE HOME LOANS, INC.
7
8
15
JOSEPH ZERNIK, et aI.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
PROOF OF SERVICE
Case No. SC0874UO
[Filed concurrently with E.\: Parte Application;
Memorandum of Points and \uthoritics;
Declarations of lenna Moldawsh and Todd
A. Boock and [proposedI Ordcr(
PROOF OF SERVICE
1
Plaintiffs,
Defendants.
Ys.
Ex Parte Hearing
I
, .o.ate: December 15, 2008
Time: 8:30 a.m.
_____________ Dept: WEJ
Nl\'IE S"\ T\L\.\N, et aI.,
9
10
11
12
13
14
16
17
18
19
20
21
22
)"
_.J
24
25
26
27
28
SMOlDOCS712696.2
-94-
5
10
15
20
25
PROOF OF SERVICE
2 I am employed in the County of Los Angeles, State of California. I am over the age of 18
" and not a party to the within action. My business address is 120 Broadway, Suite 300, Santa
,) Monica, California 90401-2305.
4
On December 15, 2008, I served the document(s) described as,
EXPARTEAPPLICATION FOR AN ORDER SHORTENING TIME TO HEAR NON-
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 EXPARTEAPPLICATION
FOR AN ORDER SHORTENING TIME TO HEAR NON-PARTY COUNTRYWIDE
9 HOME LOANS, INC.'S MOTION FOR MONETARY SANCTIONS AGAINST
DEFENDANT JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 2007
PROTECTIVE ORDER AND FOR OTHER RELIEF
w
11 DECLARATION OF JENNA MOLDAWSKY IN SUPPORT OF COUNTRYWIDE HOME
co
12 LOANS, INC.'S EXPARTEAPPLICATION FOR AN ORDER SHORTEN'ING TIME TO (Y)

HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST DEFENDANT
o 0
o '<t 13 JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23,2007 PROTECTIVE ORDER
(Y) 0
ll. OJ m AND FOR OTHER RELIEF
.J !: <:
.J :l Z
OJ (f) ll:
14 DECLARATION OF TODD A. BOOCK IN SUPPORT OF COUNTRYWIDE HOME
,:
u i ::i
LOANS, INC.'S EXPARTEAPPLICATION FOR AN ORDER SHORTKN1NG TIME TO
Z 0 <:
<: <: U
>- 0 .
HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST
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
I-
Z
<:
17 on the interested party in this action as follows:
<:
(f)
18
Joseph Zernik DMD PhD
19 2415 Saint George Street
Los f<'eliz, California 90027
Email: [email protected]
21
IZI (BY ELECTRONIC SERVICE) The document was served via electronic transfer
22 upon each party listed using their e-mail address as shown above.
?" C8:J (BY MAIL) By placing a true copy (or original) of the foregoing document(s) in a
_J
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
mailing with the United States Postal Service. Under that practice, correspondence would be
26 deposited in the United States Postal Service on that same day in the ordinary course of business.
Executed on December 15,2008, at Santa Monica, California.
27
28
SMO IDOCS'712696.2 2
PROOF OF SERVICE
PROOF OF SERVICE
2 I am employed in the County of Los Angeles, State of California. I am over the age of 18
.., and not a party to the within action. My business address is 120 Broadway, Suite 300. Santa
,) Monica, California 90401-2305.
4
On December 15, 2008, I served the document(s) described a:s,
21
w
co
(Y)

o 0
o '<t
(Y) 0
ll. OJ m
.J !: <:
.J :l Z
OJ (f) ll:
,:
u i ::i
Z 0 <:
<: <: U
>- 0 .
ll: ll: <:
lD lD l:!
o Z
N 0
_ ::E
<:
I-
Z
<:
(f)
5 EXPARTEAPPLICATION FOR AN ORDER SHORTENING TIME TO HEAR NON-
6 PARTY COUNTRYWIDE HOME LOANS, INC.'S MOTION FOR MONETARY
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 PARTEAPPLICATION
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 2007
PROTECTIVE ORDER AND FOR OTHER RELIEF
11 DECLARATION OF JENNA MOLDAWSKY IN SUPPORT OF COUNTRYWIDE HOME
12 LOANS, INC.'S EXPARTEAPPLICATION FOR AN ORDER SHORTEN'ING TIME TO
HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST DEFENDANT
13 JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23,2007 PROTECTIVE ORDER
AND FOR OTHER RELIEF
14 DECLARATION OF TODD A. BOOCK IN SUPPORT OF COUNTRYWIDE HOME
15 LOANS, INC.'S EXPARTEAPPLICATION FOR AN ORDER SHORTKN1NG TIME TO
HEAR COUNTRYWIDE'S MOTION FOR SANCTIONS AGAINST
16 JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007 PROTECTIVE ORDER
AND FOR OTHER RELIEF
17 on the interested party in this action as follows:
18
Joseph 7.ernik DI\ID PhD
19 2415 Saint George Street
Los [<'eliz, California 90027
20 Email: [email protected]
[8J (BY ELECTRONIC SERVICE) The document was served via electronic transfer
22 upon each party listed using their e-mail address as shown above.
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 mailing with the United States Postal Service. Under that practice. correspondence would be
deposited in the United States Postal Service on that same day in the ordinary course of business.
26
27
28
Executed on December 15,2008, at Santa Monica, California.
SMOI DOCS'712696.2 2
PROOF OF SERVICE
-95-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I declare under penalty of perjury under the laws of the United States of America and the
State of California that the foregoing is true and correct.
Alexa Kim
w
OJ
(Y)
C)I
0;;
o <:
(Y) 0
a. OJ 01
..J !:: «
..J ::J z
OJ (/) 0:
> . 0
« >- ..
U ~ :::;
z c «
« « U
>- 0 •
0: 0: «
lD lD ~
o z
-
N
~
0
«
I-
Z
«
(/)
SMO I DOCS\ 712696.2 3
PROOF OF SERVICE
1
2
3
4
5
6
7
8
9
10
I 1
III
0)
(Y)
12
C)I
o ;;
o <:
13
(Y) 0
0.. OJ 01
..J !:: «
..J ::J z
14
OJ (/) 0:
> . 0
« >- ..
U ~ :::;
15
z c «
« « u
>- 0 •
0: 0: «
lD lD ~
16
o z
N 0
- ~
«
17 I-
Z
«
(/)
18
19
20
21
22
23
24
25
26
27
28
1declare under penalty of perjury under the laws of the United States of America and the
State of California that the foregoing is true and correct.
-------,,----::-::-:------._---
Alexa Kim
SMOI DOCS\ 7J2696.2
3
PROOF OF SERVICE
-96-

Sponsor Documents

Recommended


View All
Or use your account on DocShare.tips

Hide

Forgot your password?

Or register your new account on DocShare.tips

Hide

Lost your password? Please enter your email address. You will receive a link to create a new password.

Back to log-in

Close