09-01-14 Samaan v Zernik (SC087400) - Attorney David Pasternak's false fourteenth interim report s

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January 14, 2009 Report by David Pasternak, listing payment on December 2, 2008 of $7,500 to Countrywide Home Loans. Neither BAC nor Bryan Cave, LLP would answer regarding the identity of the party that collected such funds and their designation.

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PASTERNAK.
PASTERNAK
&PATION
1 David J. Pasternak, Bar
Receiver
2 1875 Century Park East,
Los Angeles, California
No. 72201
Suite 2200
90067-2523
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Telephone:
Facsimile:
E-·Mail:
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310.553.1500
310.553.:540
[email protected] .. com
SUPERIOR COURT OF THE STATE OE' CALI FORNIJI.
o:r LOS ANG',ELES, WEST DISTRICT
11 NIVIE SAMAAN, an individual
r
CASE NO. SC 087 400
12 Plaintiff
r
HON. FRIEDMAN
13 vs. FOURTEENTH INTERIM
REPORT FOR THE MONTH OF
14 JOSEPH ZERNIK, an individual 2008
and DOES 1 through 10,
15 inclusive, DEPT. J
16 Defendants.
17
18 Receiver David J. Pasternak hereby submits his Fourteenth
19 Interim Report for the month of December
r
2008:
20 David J. Pasternak was appointed Receiver in thls matter on
21 November 9
r
2007 by Los Angeles Superior Court Judge John A..
22 Segal. The Receivership Order directed the Receiver to take
23 possession of the real property located at 320 South Peck Driver
24 Beverly Hills, California 90212 (the "Receivership Property")
2
t"
[Paragraph 3.b. of t.he Receivership Order], "to take all
26 necessary steps to sell the [Receivership] Property t.o
27 [Plaintiff] through the reactivated Escrow No. 1-34500-GH (the
20 "Escrow") at Mara Escrow Co." [Paragraph 3.g. of the Receivership
W:\7323S\OOOl\Receiver's Repo=ts\Recelver's
1
Incerim Report 114.doc
RECEIVER'S FOURTEENTH INTERIM REPORT FOR TH2 MONTH Ot 2008
Digitally signed by
Joseph H Zernik
DN: cn=Joseph H Zernik,
o, ou,
[email protected]
.net, c=US
Location: La Verne,
California
Date: 2009.12.22 02:07:29
-08'00'
1 Order], and to sign escrow documents for Defendant Joseph Zernik
2 if he fails to do so within three business days after the escrow
3 holder submits them to Zernik for signature [Paragraph 3.h. of
4 the Receivership Order] .
5 The Receiver posted his bond and filed his oath on November
6 13, 2007, and immediately thereafter began serving as the
7 Hecei ver in this matter. On November 21, 2007, the Receiver took
8 possession of the Re=eivership Property after having learned
9 earlier that day that had vacated the property.
10 After the was informed that Zernik had not
11 submitted various signed documents to escrow, the Receiver waited
12 for the three business days specified in the receivership order
13 to pass and thereafter signed and submitted all appropriate
14 documentation to escrow.
15 In early December 2007, Judge Patricia Collins heard and
16 granted the Receiver's ex parte application, issuing an order
1'7 approving escrow documentation by the Receiver,
18 authorizing the Receiver to sign certain tax documentation in
19 connection with the escrow to avoid tax withholding, authorizing
20 the Receiver to enter into an indemnity agreement with Mara
21 Escrow, and restraining Zernik from direct communications with
2
')
.t. the escrow company, the title company, and a lender.
Escrow thereafter closed on December 17, 2007.
During March, the Receiver was served with a federal court
2
1"
.) complaint filed by Zernik against the Receiver, a number of Los
26 Angeles Superior Court Judges, and others alleging various civil
27 rights violations (United States District Court Case No. CV08-
28 1550 GAF(man)). Zernik sought a temporary restraining order
W:\7J2J5\OOOl\Recelver's Reports\Pecelver's 2
Interim Report #14.doc
RECEIVER'S INTERIM REPORT FOR THE MONTH OF DECEMBER, 2008
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1 restraining the Receiver from disbursing receivership funds in
2 accordance with this orders, which was denied after the
3 Receiver filed opposition to Zernik' s TRO application and filed a
4 motion to dismiss his federal court lawsuit. At the end of
December, the Receiver was still waiting for a ruling from the
6 federal court regarding the Receiver's motion to dismiss that
7 action. During December, the Receiver's office confirmed that
8 motion was still pending with the District Court.
9 During December, the Receiver received the Court's Order
awarding Plaintiff's post-judgment attorneys fees, and paid those
11 fee pursuant to the Court's Order.
12 As previously r€ported, this receivership now can terminate
13 after the federal court litigation ends.
14 A financial report detailing the funds collected and the
expenditures of this receivership estate for the month of
16 December, 2008 is attached as Exhibit 1. As detailed in that
17 financial report, during December the receivership estate earned
18 interest totaling $232.92, disbursed $64,047.86, and on December
19 31, 2008, the Receiver held $399,106.02 in this receivership
estate (which was almost $64,000 less than the receivership held
21. at the end of the preceding month) .
22 As previously reported, the receivership funds are held in a
23 market money account at The Private Bank, which is a bank located
near the Receiver's off ice. The Receiver is a shareholder in
that publicly traded bank, and believes that he holds less than
26 0.1% of its outstanding stock. The Receiver has never served as
27 an attorney, officer, employee, or director of the bank.
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W:\73235\OOOl\Recelver's 3
Interlm Report #14.doc
RECEIVER'S FOURTEENTH INTERIM REPORT FOR THE MONTH OF DECEMBER, 2008
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10
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The Receiver's billing statement for the month of December,
2 2008 is attached as Exhibit 2. That billing statement totals
3 $1,362.78, and pursuant to the Receivership Orders issued in
4 this matter, the Receiver is paying that bill from the
receivership estate subject to future Court confirmation.
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6

DATED: January 14, 2009
David J.
8
Receiver
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21.
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W: \ 73235\0001 \Recelver' 5 Repo::c;\Receiver' 5
4
Report #14.doc
Pasternak
RECEIVER'S fOURTEENTH REPORT fOR THE MONTH OF DECEMBER, 2008
Exhibit 1
DAVID J. PASTERNAK, RECEIVER
RECEIVERSHIP ESTATE FOR 320 S. PECK DRIVE
BUSINESS MONEY MARKET ACCOUNT
December 1, 200B through December 31, 2008
Date Num Name Memo Debit Credit Balance
- -.-
BUSINESS MONEY MARKET ACCOUNT· THE PRIVATE BANK 462,920.96
12/02/08 107 Countrywide Home Loans Court Ordered Sanctions 7,500.00 455,420.96
12/08/08 108 Pasternak, Pasternak & Patton October Receivership Fees/Costs 701.25 454,719.71
12/16/08 017 The Private Bank Wire Transfer Court Order Award N Samaan 55,821.61 398,89810
12/16/06 018 The Private Bank Wire Transfer Fee 25.00 398.87310
12131/08 019 The Private Bank Interest Income 232.92 399,10602
Total MONEY MARKET ACCOUNT - The Private Bank a/c#·t 200L 2004040 at DeCE!mber 31, 2008 232.92 64,047.86 399,106.02
-
,...... - /
j
, ,
LSK 1/14/2009
47600/0001
Exhibit 2
PASTERNAK, PASTER.NAK & PATTON
A LAW CORPORAliON
CYNTHIA F PASTERNAK 1875 PARK EAST, SUITE 2200 TELEPHONE
DAVID J. PASTERNAK
JOHN W PATION, JR.
LOS ANGEll,ES
t
CALn'OH.NIA B0067-:U')2:l
3105531500
FACSIMILE
Email: [email protected]
3105531540
January 08, 2009
Court Appointed Receivership
Invoice No. 14354
Re: Nivie Samaan v. Joseph Zernik, et al.
Los Angeles County Superior Court Case No. SC087 400
Our File: 73235/0001
Professional Services Rendered Through: December 31, 2008
Professional Services
12/1/2008 Review/analysis of Zernik correspondence; telephone conference with
attorney M. Keshavarzi; review/analysis of and exchange miscellaneous
email
David J. Pasternak
12/3/2008 Review/analysis of Zernik corre:5pondence
David J. Pasternak
0.10
12/4/2008 Prepare monthly financial report.
Lisa Kalaydjian
0.40
ReView/analysis of October, 2008 financial report; preparation of Receiver's
October, 2008 interim report
David J. Pasternak
0.50
12/5/2008 Prepare/file/serve Receiver's Twelfth Interim Report.
Carolyn German
O.bO
12/9/2008 Review/analysis of Zernik email re payment to Countrywide
David J. Pasternak
0.10
12/11/2008 Review/analysis of attorney J. Moldawsky correspondence re ex parte app;
exchange email re same
David J. Pasternak
0.10
12/12/2008 Review/analysis of Countrywide motion for order shortening time
David J. Pasternak
O. 'I 0
12/15/2008 Review/analysis of Order Plaintiffs motion for post judgment
attorney's fees; exchange email n3 same
David J Pasternak
O. 'I 0
PAs'rEHNAK, PAS'rERNAIC & pA':r'rON
A LAW CORPORATION
Court Appointed Receivership January 08, 2009 Page 2
Our File: 73235/0001 Professional Rendered Through: December 31, 2008 Invoice No.: 14354
12/16/2008 Prepare wire transfer and send; Telephone conference with J. Lloyd.
Lisa Kalaydjian
Review/analysis of Zernik emailed documents
David J. Pasternak
0.20
12/20/2008 Review/analysis of Countrywide sanctions/contempt motion
David J. Pasternak
0.20
12/22/2008 Zernik v. Connor - Letter to Judge Woelrhle re status of Receiver's motion
to dismiss filed March 2008.
John W. Patton
0,20
Preparation of correspondence to U.S. Magistrate Phillips re pending
motion to dismiss Zernik complaint; conferences with JP re same
David J. Pasternak
0.20
12/31/2008 Record rent deposit and print supporting documentation; print tenant
statements; setup 1/09 rent roll.
0,70
Marcie Roman
Total Legal Services
Name
David J. Pasternak
John W. Patton
Carolyn German
Lisa Kalaydjian
Marcie Roman
Costs Advanced:
Facsimile
Mileage
ParkinglToll Charges
Photocopies
Postage
Total Costs Advanced
Total Amount of this Bill
Previous Balance
Balance due
4.00
Amount
$1,255.00
Summary
l::iours
1.80
0.20
0.50
0.80
0.70
Rate
475.00
395.00
150.00
185.00
140.00
Amount
$855.00
$79.00
$75.00
$148.00
$98.00
3.00
38.61
800
44.75
13.42
$107.78
$1,362.78
$2,106.59
$3,469.37
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1 IIROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
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I am employed in the County of Los Ang,eles, State of California. I am over the age of
eighteen years and not a party to the within action; my business address is 1875 Century Park
East, Suite 2200, Los Angeles, California 90067·-2523.
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On January 15,2009, ][ served the foregoing document described as RECEIVER'S
FOURTEENTH INTERIM FOR THE MONTH OF DECEMBER, 2008. all
interested parties in this action by plaeing true copies thereof enclosed in sealed e:nvelopes
addressed as follows:
SEE A1'1'ACHED LIST
BY MAIL: I caused such envelope to be deposited in the mail at Los Angeles, California.
The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with
this firm's practice of collection and processing correspondence for mailing. It is
deposited with the U.S. Postal Service on that same day in the ordinary course of business.
I am aware that on motion of the party served, service is presumed invalid if postal
cancellation date or postage meter date is more than I day after date of de:posit for mailing
in affidavit.
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o BY FACSIMILE: At or before 5:00 p.m., I caused said document(s) to be transmitted by
facsimile. The telephone number of the sending facsimile machine was (310) 553-1540.
The name(s) and facsimile machine telephone number(s) of the person(s) served are set
forth in the service list. The document was transmitted by facsimile transmission, ,md the
sending facsimile machinle properly issue:d a transmission report confirming that the
transmission was complete and without error.
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[J BY OVERNIGHT DELJlVERY: I deposited such document(s) in a box or other facility
regularly maintained by the overnight service carrier, or delivered such document(s) to a
courier or driver authorized by the overnight service carrier to receive documents, in an
envelope or package designated by the overnight service carrier with delivery fees paid or
provided for, addressed to the person(s) being served.
19 0 BY PERSONAL SERVICE::
person(s) being served.
I delivered such envelope(s) by hand to the office of the
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o BY PERSONAL SERVICE:: I personally delivered such envelope(s) directly to the
person(s) being served.
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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed ou Jauuary 15,2009, at Los Augeles, .

C. German
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PASTERNAK.
PASTERNAK
&PAITON
WI73235lPleadingslProof of Service LKS J 1-28-07.doc
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1
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Nivie Samaan v. Joseph Zernik, etc., et al.
Los COU/lty Superior Court Case No. SC 087400
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Service List
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Moe Keshavarzi, Esq.
Sheppard, Mullin, Richter & Hmnpton LLP
333 South Hope Street, 48th Floor
Los Angeles, CA 90071-1448
Telephone: 213.620.1780
Facsimile: 213.620.1398
Counsel for Plaintif!, Nivie Samaan
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John W. Amberg, Esq.
Jenna Moldawsky, Esq.
Bryan Cave LLP
120 Broadway, Suite 300
Santa Monica, CA 90401-2386
Telephone: 310.576.2100
Facsimile: 310.576.2200
Counseljor Non-Party,
Countrywide Home Loans, Inc.
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Sanford Shatz, Esq.
Todd A. Boock, Esq.
Countrywide Home Loans, Inc.
5220 Las Virgenes Road, MS: AC-ll
Calabasas, CA 91302
Telephone: 818.871.6045
Facsimile: 818.871.4669
Counsel for Non-Party,
Countrywide Home Loans, Inc.
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Joseph Zernik
In Pro Per
2415 Saint George Street
Los Feliz, CA 90027
Telephone: 310.435.9107
Facsimile: 801.998.0917
Defendant in Pro Per
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E-Mail: [email protected]
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Michael Wachtell, Esq.
Buchalter Nemer
1000 Wilshire Boulevard, Suite 1500
Los Angeles, California 90017-2457
Telephone: (213) 891-0700
Facsimile: 213.630.5760
Counselfor Mara Escrow
E-Mail: [email protected]
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Kathryn E. DiCarlo, Esq.
Cummings, McClorey, Davis, Acho & Associates, P.e.
3801 University Avenue, 560
Riverside, CA 9250 I
Telephone: 951.276.4420
Attorneyfor ADR Services, Inc.
PASTERNAK
PASTERNAK
&PATION W:\73235\Pleadings\Proofof Service LKS 11-28-07.doc 2

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