10-01-07 Samaan v Zernik (SC087400) at the Superior Court of California, County of Los Angeles: Register of Actions (California civil docket) with a preface s

Dr Z Dr Z Dr Z Dr Z
Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750;
Fax: 323.488.9697; Email: [email protected]
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Human_Rights_Alert

10-01-07 Samaan v Zernik (SC087400) Register of Actions (California civil docket)

The January 7, 2010 Register of Actions (California civil docket) in and of itself provides abundant evidence
of the multiple levels of alleged fraud and perversion in the purported litigation of Samaan v Zernik
(SC087400). It is simply impossible to explain the record that is the Register of Actions in Samaan v Zernik
within the framework of California Law or the Law of the United States. It is alleged that the Register of
Actions in Samaan v Zernik (SC087400), which is only a minute fraction of the evidence in this case, should
be sufficient to indict Judge Jacqueline Connor, Sandor Samuels, and Brian Moynihan for racketeering.
However, since mid 2007 FBI and US Department of Justice refused to accept complaints alleging criminality
by Judge Connor and others who colluded with her.

One must recall in this regard Judge Jacqueline Connor’s unique role in the Rampart scandal (1998-2000) and
the First Rampart Trial (2000), where she reversed jury verdicts.

It is alleged that upon review of the evidence as a whole, in Samaan v Zernik (SC087400), the Rampart
Scandal, and the First Rampart Trial, a reasonable person would conclude that Judge Jacqueline Connor
perverted the First Rampart Trial as well, to scuttle any effort to “fix the Rampart”.

Following are only three examples:

1) October 25, 2005 – The opening page of the Register of Actions
Plaintiff never paid Filing Fees, and all payments in this case were listed as “Journal Entry”.

2) July 6-23, 2007 – Initiation of the alleged racketeering at the court by Countrywide and Bryan
Cave, LLP in collusion with Judge Jacqueline Connor.
Key features of the racketeering included, but were not limited to:
a) Permitting Countrywide and Bank of America to this date (April 2010) to appear under false Party
Designation of “Non Party”.
b) Permitting appearances by Bryan Cave, LLP, counsel who was not counsel of record in the
caption at hand.
c) Fabrication of the existence of a “Protective/Restraining Order” which never existed in reality.
d) Holding of proceedings “off the record”
e) Eliminating Countrywide/Bryan Cave, LLP papers – the July 6, 2007 application for “Protective
Order” from the Court file.
f) Denying Defendant any Service and Notice under false “waiver of notice”.
g) Denying Defendant Access to Court Records – to inspect and to copy.
h) Creating false records, including false record for July 12, 2007 Disqualification for a Cause of
Judge Jacqueline Connor.

3) September 10, 2007 – a) False record of Disqualification for a Cause, and b) False minutes of
proceedings that never took place in reality, c) False ruling that there was no fraud in
Countrywide records.
Preface 1/13
Digitally signed
by Joseph H
Zernik
DN: cn=Joseph H
Zernik, o, ou,
email=jz12345@e
arthlink.net, c=US
Location: La
Verne, California
Date: 2010.04.10
12:05:10 -07'00'
Page 2/13 April 10, 2010


As her final act in this case, after disqualification for a cause, Judge Jacqueline Connor entered false
records of proceedings that never took place in reality, and ruling that was never ruled – that there was
no fraud in Countrywide records. Fraud expert opined to the contrary.

Such conduct is alleged as obstruction and perversion of justice, as well as intimidation, retaliation,
harassment of a victim, witness, informant, which is Dr Joseph Zernik, who in early 2007 exposed the fraud in
the highest level of management of Countrywide Financial Corporation.

1) Page 1 – Face Page of the Register of Actions – Failure of Plaintiff to Pay Filing Fees, Failing to
Enter Judgment in the Case, where Dr Zernik’s property was taken in November 2007 for private
use with no compensation under the ruse of enforcement of Court Judgment.

a) The case was purported to be litigation under the cause of Specific Performance or Damages for
Breach of Contract. US Department of Justice falsely claimed in response to US Congress inquiry
that it was a case of foreclosure. The case did not involve any foreclosure, bankruptcy, or
mortgage default of any kind.
b) The case was filed on October 25, 2005, and is inexplicably purported to continue to this date -
age on January 7, 2010 – 1535 days.
c) The case is marked as such where no judgment or dispositive action was ever entered –
“Disposition Type”, and “Disposition Manner” were left blank. However, Dr Zernik was forced
to leave his home, his property in November 2007 under the ruse of enforcement of court
judgment that was never entered. His property was taken for private use with no compensation at
all.
d) Judge listed on the case is “Richard A Stone”. However, to the best of Dr Zernik’s knowledge the
case was never in the court of Judge Richard A Stone. Some dozen judges purported to preside in
the case. None of them had a valid Assignment Order as required by law.
e) Plaintiff Counsel contact information is listed on, whereas no contact information is listed for
Defendant. Indeed, the facts in the matter showed that the court denied Defendant the Due
Process right for notice and service throughout the purported litigation.
f) Under October 25, 2005 the Register of Actions documented that Plaintiff Nivie Samaan never
paid her filing fees.

10/25/05 Case Filed
New Filing MEMO
Other Real Property Rights Case
NIVIE SAMAAN 2 NSF chk recd/retd
1 $36.50 1 &97.50

As confirmed by several Deputy Clerks, such notation indicated that two No Sufficient Funds
Checks were received and returned- one for $36.50, and the other for $97.50.
Such fact was concealed for a long time from Defendant. However, even after he discovered the
fact, and informed the Clerk of the Court and demanded that the case be dismissed, as required
by law, the Clerk refused to take action.
g) Under October 25, 2005, payment is listed as “Journal Entry”.



10/25/05 Journal Entry
Received - Civil Filing Fee
$299.50

Preface 2/13
Page 3/13 April 10, 2010




All other payment of court fees in the case are likewise listed as “Journal Entry”, whereas in
other cases of the court such fees are listed as “Filing Fees”, “Motion Fees”, “Stipulations Fees”,
etc. Accountancy textbooks list improper use of “Journal Entry” as a hallmark of high-level
financial management fraud. Charles McCoy, Presiding Judge of the Los Angeles Superior
Court, and John A Clarke, Clerk of the Court, refused to respond to repeated requests to disclose
the true designation of funds collected in this case. It should also be noted that to this date, the
Los Angeles Superior Court has never published a single audited financial statement.
h) No mention is made of parties which are corporate entities:
i. Coldwell Banker Residential Brokerage should have been listed as Cross Defendant.
ii. Countrywide Financial Corporation and later Bank of America Corporation have appeared
in the case numerous times since July 2007 under the false party designation of “Non
Party”, filed motions, papers, purported judgments, under false counsel, who is not
counsel of record – Bryan Cave, LLP.

2) Page 57-58: July 6, 2007 – First false and deliberately misleading appearance by Countrywide and
Bryan Cave, LLP, for a “Protective Order”, in proceedings “off the record”.

a) Top entry of the page:

07/06/07 Document Filed
ExParte Application
Attorney for Moving Party
FOR PROTECTIVE ORDER
M/P COUNTRYWIDE

Such entry is a false clerk’s entry, for reasons including, but not limited to:
i. The entry failed to list an honest, valid, and effectual party name, which purportedly was
“Countrywide Home Loans, Inc”.
ii. The entry failed to list an honest, valid, and effectual party designation for Countrywide,
naming it instead “Moving Party”.
iii. The entry failed to list Countrywide’s Counsel’s name – first false appearance by Bryan
Cave, LLP, Counsel who was not counsel of record under the caption at hand.
iv. The court eliminated the record that was the Countrywide application for Protective Order
from the court file, in disregard of court rules and Due Process. However, Defendant’s
Zernik’s copy is posted online.

b) Second from top entry in the page:

07/06/07 ,Journal Entry
$40.00 Other Pmnt

Such entry is a false clerk’s entry, and is alleged as financial fraud – false use of “Journal Entry”,
where in true court cases the payment is listed as “Motion Fees”.

c) Third from top entry in the page: [underlines added –jz]


07/06/07 Event
Exparte proceeding
Jacqueline A. Connor
Preface 3/13
Page 4/13 April 10, 2010

9:00 am
NON-PARTY, COUNTRYWIDE HOME LOANS, INC, 'S EXPARTE
APPLICATION FOR PROTECTIVCE ORDER:
The matter is called for hearing.
The Court has read and considered the exparte
application in chambers. Non,-party Countrywide Home
Loans, inc.'s exparte application for a Protective
Order is Denied. Moving party to proceed by a Notice
Motion on July 23, 2007 at 8:30 am in Department WE-I.
Any opposition is to be filed in Department We-I, and
served by July 12, 2007. Any reply is to be filed in
Department WE-I, and served by July 7/16/07.
Notice is deemed waived.
FOR PROTECTIVE ORDER - Denied.
Moving party to proceed by Notice
Motion on 7/23/07 at 8:30 am in
Dept WE-I. Opposition by 7/12/07
and Reply by 7/16/07.
Proceedings not recorded.



Such entry is a false clerk’s entry on numerous accounts, including, but not limited to the
following:
i. The notations in the Register of Actions, which was purported to be the minutes, were
never verified by the clerk, were never authenticated, were never served, and therefore,
could not possibly be deemed a valid court record.
ii. “Exparte proceeding” – in not a legitimate, valid Event in Sustain’s dictionary. Therefore,
it was not a valid registry of an action in the case management system.
iii. “Countrywide Home Loan, Inc” is listed under a fraudulent party designation “Non
Party”.
iv. “Moving party to proceed by a Notice Motion on July 23, 2007… Any opposition is to be
filed …and served by July 12, 2007” – such minutes failed to state a date for filing the
notice and motion. Countrywide, through false conduct by Bryan Cave, LLP, false
Counsel, who was not counsel of record, failed to serve the notice and motion prior to July
12, 2007.
v. “Notice is deemed waived” – even after protests, the court in this case denied Defendant
the Due Process right for notice of service of court minutes, rulings, orders, judgments.
vi. “Proceedings not recorded” – such notation reflected the fact that the proceedings were
“off the calendar” and “off the record” proceedings, a fact that was concealed from
Defendant.

Notice:
Even such false and deliberately misleading court records stated that the July 6, 2007
Countrywide’s application for “Protective Order” was Denied. The fabrication of existence of a
“Restraining/Protective Order” was central to the alleged racketeering by Countrywide/Bank
of America/ Bryan Cave, LLP, since July 2007 and to this date.





Preface 4/13
Page 5/13 April 10, 2010












3) Page 59-60: July 9, 2007 - False and deliberately misleading record of a “telephonically held”
hearing for “Reconsideration”, which never took place in reality, and which was simultaneously
“Denied” and “Granted”. [underlines added – jz]

07/09/07 Event
Motion for Reconsideration
Judge A. Connor
8:30 am
DEFENDANT'S (JOSEPH ZERNICK) MOTION FOR
RECONSIDERATION;
…
The motion for reconsideration and extension of time
to pay sanctions is DENIED.
Counsel for plaintiff is to give notice of this
ruling.




07/09/07 Event Complete
Motion for Reconsideration
Motion Granted



Such false records, which like other records, were never noticed to Dr Zernik, recorded proceedings,
which never took place in reality:
a) The notations in the Register of Actions, which was purported to be the minutes, were never
verified by the clerk, were never authenticated, were never served, and therefore, could not
possibly be deemed a valid court record.
b) No moving papers by Defendant Dr Zernik exist in the court file for such purported hearing.
c) Dr Zernik never spoke on the phone in his life with Judge Connor.
d) The record shows that Dr Zernik never had arrangement with the courts party line, which could
have enabled such phone call to take place on July 9, 2007.
e) Records in Dr Zernik’s possession show that the court reporter, which was listed as taking the
transcript of the purported proceedings denied that she had any such proceedings on her records
from July 9, 2007.
f) Counsel for Plaintiff never gave notice of such ruling.

4) Page 62: July 11, 2007 - Countrywide False Notice Motion for “Protective Order”

07/11/07 Document Filed
Motion for an Order
Attorney for Moving Party
Preface 5/13
Page 6/13 April 10, 2010

FOR PROTECTIVE ORDER
M/P - COUNTRYWIDE


Such entry is deemed false and deliberately misleading for reasons listed in (2) (a) above.
Furthermore, such filing was listed at the court on July 11, 2007, while Defendant was purported to
provide opposition by July 12, 2007 on such “Notice Motion”. In fact, Defendant was never served the
Motion prior to July 12, 2007.




5) Page 62-69: July 12, 2007 - Failure to list Disqualification for a Cause. False listing of Motion to
Compel. [underlines added –jz]
On July 12, 2007, at the opening of the proceedings, at the first practicable opportunity, Dr Zernik filed in
open court affidavit for Disqualification for a Cause of Judge Jacqueline Connor – based on her conduct
since July 6, 2007 in relationship to appearances by Countrywide Financial Corporation.

Judge Connor created false records for the disqualification for a cause. She buried the mention of such
action in the middle of a particularly lengthy minutes on an unrelated matter. As in practically all cases,
Such notation in the Register of Actions, which was purported to be the minutes, were never verified by
the clerk, were never authenticated, were never served, and therefore, could not possibly be deemed a
valid court record.

Moreover, as she stated herself – the affidavit was for Disqualification for a Cause – section 170.3.
However, as she stated in the minutes, she falsely announced in open court that it was an affidavit for
Preemptory Challenge per section 170.6, then proceeded and “Denied” it as untimely.

Such records are false and deliberately misleading on numerous accounts.


07/12/07 Event
Motion to Compel MEMO
Jacqueline A. Connor
8:30 am
PLAINTIFF (NIVIE S~) MOTION TO COMEPL DEPOSITION;
…
Defendant files an affidavit pursuant to Code of
Civil Procedures Section 170.3 in open Court.
OFF THE RECORD IN CHAMBERS:
The Court reads and considers the affidavit filed
this date.
ON THE RECORD:
The Court finds the affidavit pursuant to 170.3 of
the Code of Civil Procedures filed · this date, is
incorrect and announces it will be ruled upon as an
Affidavit pursuant to 170.6 of the Code of Civil
Procedures and is DENIED as untimely.





Preface 6/13
Page 7/13 April 10, 2010

Pursuant to California Code, Judge Connor lost any jurisdiction that she might have possibly had in the
matter, when she refused to answer on Disqualification for a Cause, and instead proceeded with business
as usual.

On July 23, 2007, later than 10 days permitted by law, Judge Connor proceeded to create false records,
backdated to July 12, 2007, purporting to be an answer on the Disqualification for a cause. However,
given her record from July 12, 2007, quoted above, and the Reporters Transcript from that date, it is
obvious that she never answered on the Disqualification for a Cause on July 12, 2007, but instead
proceeded as if it never happened.


6) Page 72-74: July 23, 2007 – Second “off the record” appearance by Countrywide for a “Protective
Order” [underlines added –jz]
On July 23, 2007 Bryan Cave, LLP, again falsely appeared in court on behalf of “Non Party” Countrywide. On
July 23, 2007 Judge Connor again created false and deliberately misleading records. Given the central place of
the fraud on the Protective Order, the record was copied in its entirety.
a) She failed to list the proceeding in the register of actions as an independent action, which required
adjudication. Instead, she listed it as part of and unrelated Motion to Expunge Lis Pendens.
b) The notations in the Register of Actions, which were purported to be the minutes, were never
verified by the clerk, were never authenticated, were never served, and therefore, could not
possibly be deemed a valid court record.
c) Similar to her practice regarding the July 12, 2007 Disqualification for a Cause, she again buried
her invalid discussion of the Countrywide appearance in the middle of a lengthy discussion of
unrelated matter. Here – in two separate segments.
d) “All parties acknowledge receipt of the Court's tentative ruling and submit on the tentative ruling.”
The opening statement was false and deliberately misleading. Dr Zernik never received the
tentative ruling, and never submitted on it. Court reporter’s Transcript also provides evidence that
such statement was false and deliberately misleading.
e) In the “Event Complete”, which is the formal adjudication in the Register of Actions, she simply
never entered any adjudication at all.
f) The minutes, which were never served, and never authenticated by a clerk, and therefore, were
invalid, stated in pertinent part:

The motion of non-party Countrywide Home Loans for a
protective order is GRANTED. Defendant Joseph
Zernik is directed to communicate solely with
Countrywide's designated counsel, Todd A. Boock, and
no other officers or employees regarding the recent
action. The proposed order is signed and effective
as of this date. Counsel for Countrywide is ordered
to give notice of this ruling.

g) No written order was ever issued, signed, entered, or served, as falsely stated in the invalid
minutes.
h) Dr Zernik was again denied the Due Process right of Notice and Service, and also denied access to
the court file – to inspect and to copy.
i) Instead, Bryan Cave, LLP later sent a notice to Dr Zernik, which purported that the order was a
verbal order in open court.
j) Judge Connor also inserted in these invalid, never served, never authenticated minutes, a false
statement regarding John Amberg – Counsel of Record – with no statement of the case caption it
Preface 7/13
Page 8/13 April 10, 2010

referred to. In contrast, to this date, both Bank of America Corporation and Bryan Cave, LLP,
refuse to answer on the question whether Bryan Cave, LLP was Counsel of Record for
Countrywide Home Loans, Inc, and/or Bank of America Corporation, and the date of such
engagement. Moreover, statement to the contrary were made by office of the General Counsel of
Bank of America – Timothy Mayopoulos.


07/23/07 Event
Motion - Expunge Lis Pendens MEMO
Jacqueline A. Connor
B:30 am
DEFENDANT (JOSEPH ZERNIK) MOTION TO EXPUNGE LIS
PENDENS;
MOVING PARTY (COUNTRYWIDE) MOTION FOR PROTECTIVE
ORDER;
Matter is called for hearing.
All parties acknowledge receipt of the Court's
tentative ruling and submit on the tentative ruling.
The motion. of defendant Joseph Zernik to expunge lis
pendens is DENIED. Defendant has failed to
establish that the Court's previous ruling on
November 9, 2006 was based on fraudulent or false
evidence presented by plaintiff. Defendant has also
failed to show that the lis pendens was not properly
served. Counsel for plaintiff is ordered to give
notice of this ruling.
The motion of non-party Countrywide Home Loans for a
protective order is GRANTED. Defendant Joseph
Zernik is directed to communicate solely with
Countrywide's designated counsel, Todd A. Boock, and
no other officers or employees regarding the recent
action. The proposed order is signed and effective
as of this date. Counsel for Countrywide is ordered
to give notice of this ruling.
In this case, defendant moves to expunge the :].is
pendens arguing that plaintiff cannot establish the
probable validity of her claims. ZEPBIK asserts
that plaintiff failed to timely remove the appraisal
contingency which gave him the right to cancel the
escrow. He further argues that plaintiff's
opposition to the prior motion to expunge was based
on fraudulent arguments and documents. However, the
declarations and evidence provided by plaintiff
continue to raise a question as to whether ZEI\NIK
had submitted a fully executed copy of the Purchase
Agreement to Mara Escrow as of October 22, 20d4.
The documents submitted by defendant simply do not
establish that plaintiff has engaged in any fraud or
failed to properly serve the lis pendens on him.
Again, there are too many factual issues that cannot
be decided here, including whether SAMAAN was
ready, willing and able to proceed with the
purchase of the property. Therefore, the motion to
expunge lis pendens is DENIED.
COUNTRYWIDE seeks a narrowly tailored protective
order requiring that ZERNIK direct all future
communications to COUNTRYWIDE’S designated counsel
and. precluding him from directly phoning, e-mailing
or otherwise contacting its represented officers and
employees. First, the motion is properly supported
by the declarations of in-house counsel Todd A.
Preface 8/13
Page 9/13 April 10, 2010


Boock and attorney of record John W. Amberg, which
set forth first-hand experiences with and actions
taken in response to ZERNIK's conduct towards
COUNTRYWIDE. Second, the Court finds that
COUNTRYWIDE has shown "good cause" for the
protective order sought. ZERNIK has failed to
establish the validity of his communications with
Countrywide's officers and employees. If
Countrywide has failed to comply with a discovery
obligation, ZERNIK's recourse is to file a discovery
motion with the Court. Any assertion that
COUNTRYWIDE is somehow involved in wrongdoing is not
supported by anything other than hearsay and
conjecture. Moreover, since ZERNIK is representing
himself in this action, his assertion that
COUNTRYWIDE is improperly applying attorney
standards to him is not well taken. A litigant
appearing in propria persona is generally held to
the same restrictive rules and procedures as an
attorney. the rules of civil procedure must apply
equally to parties represented by counsel and those
~m forgo attorney representation; such a party is
to be treated like any other party and is entitled
to the same, but no greater consideration than other
litigants and attorneys. (Rappleyea v. Campbell
(1994) 8 Cal.4th 975, 984-985; see Barton v. New
United Motor Mfg. (1996) 43 Cal.App.4th 1200, 1210.)
COUNTRYWIDE has a right to be protected from
unwarranted annoyance, embarrassment or oppression.
Since the protective order sought simply directs
ZERNIK to communicate with COUNTRYWIDE's designated
counsel, there is nothing to show any infringement
on ZERNIK's free speech or other rights.
Defendant requests for ruling
Objections.
on Evidentry
The Court declines to rule on the Evidentry
Objections. The Court finds the Evidentry
Objections are not properly filed pursuant to Rules
of Court 3.13.54.
Counsel for Plaintiff is ordered to 9ive notice.
2) M/P COUNTRYWIDE/MOTION
PROTECTIVE ORDER


07/23/07 Event Complete
Motion – Expunge Lis Pendens
Motion Denied
2) M/P COUNTRYWIDE/MOTION
PROTECTIVE ORDER

Preface 9/13
Page 10/13 April 10, 2010



7) Page 106-111 – September 10, 2007 – a) False record of Disqualification for a Cause, and b) False
minutes of proceedings that never took place in reality, c) False ruling that there was no fraud in
Countrywide records.

On September 10, 2007 Defendant Dr Zernik again served Judge Jacqueline Connor affidavit of
disqualification in open court, at the very onset of the proceedings on that day. This time, Judge Connor
took off for over an hour, and when she returned to court she made an outraged statement denying the
claims in the affidavit, but recused nevertheless.

Regardless, she proceeded to insert in court file the next day a paper, purported to be minutes of
proceedings that never took place in reality, as clearly documented in the Court Reporter’s transcript.
Moreover, there is no way to read such paper as a logical, honest, valid and effectual statement, since it
did not make sense at all regarding the time frame of the fabricated proceeding versus the
disqualifications.

The notations in the Register of Actions, which were purported to be the minutes, were never verified by
the clerk, were never authenticated, were never served, and therefore, could not possibly be deemed a
valid court record.

09/10/07 Document Filed
Miscellaneous-Other MEMO
Defendant, & Defendant in Pro Per
filing for the purpose of
immediate disqualification of the
honorable judge Connor pursuant: to
170.3



The entry on September 10, 2007, copied above, for the filing of the paper, which was the affidavit for
Disqualification for a Cause was falsely listed as “Miscellaneous-Other MEMO”

The notes in the Register of Actions, which were purported to be minutes of the court for September 10,
2007, were copied in full below. The claim is that there is no way that a reasonable person would read
such minutes and find them honest conduct by Judge Jacqueline Connor.

09/10/07 Event
Recusal MEMO
Jacqueline A. Connor
8:30 am
DEFENDANT (~JOSEPH ZERNIK) MOTION FOR SANCTIONS;
Matter is called for hearing. Both parties
acknowledge receipt of the Court's tentative ruling
as follows:
The motion of defendant Joseph Zernik for sanctions
pursuant to Code of Civil Procedures §128. 7 is .
DENIED. Plaintiff is ordered to give notice.
A party seeking sanctions under CCP §128.7 must
follow a two-step procedure. First, the moving party
must serve on the offending party a motion for
sanctions. Service of the motion on the offending
party be9ins a 30-day safe harbor period during
which the sanctions motion may not be filed with the
Preface 10/13
Page 11/13 April 10, 2010

court. During the safe harbor period, the offending
party may withdraw the improper pleading and thereby
avoid sanctions. If the pleadin9 is withdrawn, the
motion for sanctions may not be filed with the
court. If the pleading is not withdrawn during the
safe harbor period, the motion for sanctions may
then be filed.
The purpose of the safe harbor provisions is to
permit an offending party to avoid sanctions by
withdrawing the improper pleading during the safe
harbor period. In order to effectuate the safe
harbor provisions, a party may not bring a motion
for sanctions unless there is some action the
offending party may take to withdraw the improper
pleading. A sanctions motion may not be brought
after the conclusion of the case or a dispositive~
ruling on the improper pleading. By definition, he
safe harbor provision cannot have any effect if the
court has already rendered its judgment in the case;
it is too late for the offending party to withdraw
the challenged pleading. (Malovec v. Hamrell (19~9)
70 Cal.App.4th 434, 440-441.)
SAl.\1AAN first argues that this motion must be denied
because the Court granted her summary judgment: I
motion. However, the correct principle to be
distilled from Malovec is that an order sustaining a
demurrer without leave to amend or granting summary
judgment does not bar a motion for §128.7 sanctions
unless the order is reduced to a judgment before the
sanctions motion is served and filed. (Banks v,
Hathaway, Perrett, Webster, Powers & Chrisman P(02)
97 Cal.App.4th 949, 953.) Since this motion was
served in April 2007 and filed on August 9, 2007, it
is not precluded under the principles of Malovec
SAMAAN next argues that the motion ZERNIK served in
April 2007 is not the same as the motion filed i*
August 2007 and, therefore, the safe harbor pe+i~d
runs from the filing date of the new and different
motion. (Hart v. Avetoom (2002) 95 Cal.App.4th 4~O,
413.) However, SAMAAN has failed to attach the
motion that was served in April 2007 or provide
independent evidence to establish how the motions
are different. Page 32 of ZERNIK's motion was signed
on April 20, 2007 and again on August 9, 2007. There
is nothing to show that the pagination of the motion
is awry or that anything was added or changed.
However, this motion does fail for two reasons: (1)
it was served five months after the alleged
offending documents were submitted to the Court ~n
conjunction with defendant's motion to expunge lis
pendens heard and denied on November 9, 2006; and
(2) there is absolutely nothing to show that the!
documents submitted by plaintiff were false,
improper, fraudulent or lacking in evidentiary
support. Permitting a motion for sanctions to be
brought following judicial disposition of the ~
improper pleading would undermine the purpose of he
safe harbor provision. (Cromwell v. Cummings (1998)
65 Cal.App.4th Supp. 10, 14.) Second, this Court I
already considered and rejected the substantive
arguments made by ZERNIK, which were repeated in 'his
opposition to plaintiff's summary judgment motion.
Preface 11/13
Page 12/13 April 10, 2010

There is simply nothing to show that SAMAAN or her
counsel of record, Moe Keshavarzi, engaged in
sanctionable conduct.
The motion for §128.7 sanctions is DENIED. j
The Court orders the Defendant's Motion pursuant to
Code of civil Procedures Section 128.7 Stayed \.1-n il
further ruling by the newly assigned Court. I
The Court announces Defendant/Cross--Complainant Joseph
Zernik, has filed a 170.3 request to disqualify the
Court this date. The Court despite the allegations
made in Mr Zernik’s declaration, without conceding
the disqualification statement, the Court believes
I
that in the interest of justice, the Court should
recuse Itself on Its own Motion Pursuant to Code of
Civil Procedures Section 170.3(c)2.
Pursuant to the Order of the Presiding Judge,
Honorable Gerald Rosenberg., the case is ordered
reassigned to the West Los Angeles Superior Court,
Department WE"H", Honorable Allan J. Goodman,
Judge presiding for all purposes.
Any and all future dates set in Department WE"I" are
advanced to this date and ordered placed off
calendar.
Counsel for Plaintiff is ordered to give notice.
OFF THE RECORD:
Status Conference is set for October 10, 2007 at
8:30 a.m. in Department WE"H" at the West Los
Angeles Courthouse (Pursuant to the clerk in
Department WE"H")
Counsel for Plaintiff is ordered to give notice.
of the

CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of the
above-entitled court, do hereby certify that I a~ not
a party to the cause herein, and that this date I
served Notice of Entry of the above minute order of
9-10-07 upon each party or counsel named below by
depositing in the United States mail at the courthouse
in SANTA MONICA, California, one copy of the I
original entered herein in a separate sealed envelope
for each, addressed as shown below with the postage
thereon fully prepaid.

MOE KESHAVARZI
333 SOUTH HOPE STREET, 48TH FLOOR
LOS ANGELES, CALIFORNIA 90071-1448
Date: SEPTEMBER 10, 2007
John A. Clarke, Executive Officer/Clerk
By:
v. JAIME
MOTION FOR SANCTIONS


The notes above in the Register of Actions, which were purported to be the minutes, were never verified by
the clerk, were never authenticated, were never adequately served on all parties. Therefore, such notes could
not possibly be deemed a valid court record. Moreover, in this particular case, the Clerk Deputy recorded a
blatantly invalid service list – to Plaintiff Counsel only.

Preface 12/13
Page 13/13 April 10, 2010

The fact that Judge Jacqueline Connor inserted such false and blatantly fraudulent records into the court file
on September 10, 2010, was seen as reflecting the following realities:
a. Judge Connor was fully committed to perverting justice in Samaan v Zernik (SC087400) on
behalf of Countrywide Financial Corporation.
b. Judge Connor was fully confident that she would never be prosecuted for her alleged racketeering
conduct from the bench.
c. Judge Connor was fully confident that none of her conduct, founded in alleged criminality would
ever be overturned by either her peers at the Superior Court, or any other court in the United
States, in disregard of California Code regarding disqualifications for a cause.



09/10/07 Event Complete
Recusal
Motion Granted
MOTION FOR SANCTIONS



The formal adjudication as noted in the Register of Actions clearly documented that neither the
Disqualification for a Cause, nor the Motion for Sanctions were ever entered in a valid manner in the Register
of Actions:
a. Disqualification for a Cause is not a Motion, and “Granted” is not a valid adjudication on such
action.
b. Motion for Sanctions was listed with no adjudication at all.

Dated: April 10, 2010
La Verne, County of Los Angeles, California Joseph H Zernik, PhD

By: ______________
JOSEPH H ZERNIK
PO Box 526, La Verne, CA 91750
Phone: 323.515.4583
Fax: 323.488.9697
Email <[email protected]>
Blog: http://inproperinla.blogspot.com/
Scribd: http://www.scribd.com/Human_Rights_Alert

Preface 13/13


Declaration of Joseph H Zernik
in re:
Samaan v Zernik (SC087400) –
Register of Actions Record, dated January 7, 2010

I, JOSEPH ZERNIK, hereby declare as follows:
This declaration was written as a memorandum of my January 7, 2010 visit to the Superior Court of
California, County of Los Angeles, West District, Santa Monica Courthouse. I have personal knowledge
of the facts set forth herein, which I know to be true and correct, except as to those matters therein stated
as based upon information and belief, and as to those matters, I believe them to be true and correct as
well. If called as a witness, I could and would competently testify with respect thereto.
1. On January 7, 2009 in the afternoon I appeared in the public department of the Clerk’s Office in
the Santa Monica Courthouse.
2. The Deputy Clerk who assisted me was Bryan. We knew each other for some two years, from
my previous attempts to gain access to my court file.
3. My request to access to paper court file was denied. I was told that the court file would be under
submission until January 19, 2010.
4. In response to my request for a copy of the Register of Actions of Samaan v Zernik (SC087400)
I received the enclosed 275 page record titled: Case History Report.
5. My request to certify the record, which I received in response to my request for the Register of
Actions was denied. Bryan stated that the Deputy Clerks were instructed not to certify any of the
Registers of Actions.
6. I also requested printouts from Sustain of all minute orders from January 1, 2008 to that date –
January 7, 2010. In response I received printouts enclosed with a separate declaration.
7. Attached to this declaration is:
Exhibit 1: January 7, 2010 Case History Report, a 275 page record, dated and timed in footers
“01/07/10 14:59:05” - the true and correct record, which I received in response to my request for
the Register of Actions in Samaan v Zernik (SC087400).
I declare under penalty of perjury under the laws of the State of California and the United States that the
foregoing is true and correct.
Executed this 9
th
day in January, 2010, in Los Angeles county, California.
Joseph H Zernik

By_________________
JOSEPH H ZERNIK
PO Box 526, La Verne, California 91750
Tel: (323) 515-4583
Fax:(801) 998-0917
Email: [email protected]
Page 2/2 January 9, 2010
































EXHIBIT 1
,/
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
civil Division
Case Number: SC087400 NIVIE VS. JOSEPH ZERNIK
Filing Type: New Filing # Children
Case Type Other Real Property Rights Case Filed 10/25/05
Judge Richard A. Stone Age 1535
Disp Type Disposed 00/00/00
Disp Manr
jl 1
SAMAAN, NIVIE
I
PASTERNAK, PASTERNAK & PATTON
II
I II
I II
I II
I I
I
Plaintiff(s) Defendant(s)
I
V S
I
II Attorneys of Record: of Record:
I
II I
II Sheppard, Mullin, Richter & Hampton
I
II 333 South Hope Street, 48th Floor
I I
II I II
II Los Angeles CA 90071-1448
I II
II 213 620 1780
I II
I'
I
- JI
CAS E HIS TOR Y
Date Activity
10/25/05 Case Filed
New Filing MEMO
Other Real Property Rights Case
NIVIE SAMAAN 2 NSF chk iecd/retd
VS 1 $36.50 1 &97.50
JOSEPH ZERNIK
RECUSAL - JUDGES ALAN GOODMAN;
J.BIDERMAN; J.CONNOR; &
170.6-JUDGE R.NEIDORF;JUDGE L.COLE
10/25/05 Journal Entry
Received - Civil Filing Fee
$299.50
Other Pmnt
10/25/05 Document Filed
Complaint Filed
PAGE: 1 01/07/10 14:59:05
II
CAS E HIS TOR Y REP 0 R T
Santa - West District
Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
I'
CAS E HIS TOR Y
Date Activity
10/27/05 Document Filed
Notice of Pendency
Attorney for Plaintiff
Filed By Stein, Jay R. Former Attorney for Plain
On Behalf of SAMAAN, NIVIE Plaintiff
11/01/05 Document Filed
Affidavit of Prejudice - Premptory MEMO
Attorney for Plaintiff
AGAINST JUDGE NEIDORF
Filed By Stein, Jay R. Former Attorney for Plain
On Behalf of SAMAAN, NIVIE Plaintiff
11/01/05 Event
Affidavit of Prejudice
Richard Neidorf
9:00 am
PEREMPTORY CHALLENGE PURSUANT TO SECTION 170.6 OF
THE CODE OF CIVIL PROCEDURES;
Counsel for plaintiff files a declaration in support
of peremptory challenge of Judg'e Richard :Neidorf
pursuant to Section 170.6 pf the Code of Civil
Procedures on November 1,
The Court finds that the challenqe is timely, and
accordingly, the case is transferred forthwith to
the Supervising Judge of the West District, the
Honorable Linda K. Lefkowitz, for reassignment.
All future hearing dates in this action in
Department WEO are advancea to this date and
vacated.
Counsel for plaintiff is tb give notice to all
parties.
01/07/10 14:59:05
PAGE: 2
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
civil Division
Case Number: SC087400 NIVIE SAMA.!IJ\f VS. JOSEPH ZERNIK
CAS E HIS TOR Y
Date Activity
CLERK'S CERTIFIqATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of the
above-entitled court, do hereby certify that I am not
a party to the cause herein, and that this date I
served Notice of Entry of the above minute order of
11/1/05 upon each party or. counsel named below by
depositing in the United State,s mail at the courthouse
in Santa Monica , Calif,ornia, one copy of the
original entered herein in a separate sealed envelope
for each, addressed as shown below with the postage
thereon fully prepaid.
Date: November 1, 2005
John A. Clarke, Executive Officer/Clerk
By:
J. Citron
Jay Stein
1801 Century Park East, Suite 2400
Los Angeles, California 90067-2326
11/01/05 Event Complete
Affidavit of Prejudice
Transferred to Other Department
11/01/05 Event Complete
OSC-Failure to File Proof pf Servo
Advanced to this date & Vacated
MEMO
AND INITIAL STATUS CONFERENCE
11/01/05 Event
Case Ordered Reassigned
Linda K. Lefkowitz
01/07/10 14:59:05
PAGE: 3
CAS E HIS TOR Y REPOR'l?
Santa Monica - West District:
ci viI Division
II
Ii
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
II
I'
==================!J
. CAS E HIS TOR Y
Date Activity
3:30 pm
170.6 CODE OF CIVIL PROCEDURE RE-ASSIGNMENT
Pursuant to the order of the Master Calendar for the
West District of the Los Angeles Superior Court, the
Hon. Linda Lefkowitz, Supervising Judge presiding, and
good cause appearing and on order of the Court,
the above matter is reassigned to Judge Jacqueline A.
Connor, Department WE I, Santa Monica courthouse
(from Judge Richard Neidorf) .
Counsel for all parties are ordered to indicate
on all future documents :to be filed with the
Court in this matter the name of the newly
assigned judicial officer in the caption below
the case number.
Counsel is ordered to serve notice of this
order by mail on all parities within five (S)
days of the receipt of this minute order.
The parties either personally or through counsel if
represented are ordered ~ o appear on February 2, 2006,
at 8:30 a.m. in Department WE I, for status
conference.
CLERK'S CERTIF;CATE OF MAILING/
NOTICE OF ENTRY OF' ORDER
I, the below named Executive Officer/Clerk of the
above-entitled court, do hereby certify that I am not
a party to the cause herein, and that this date I
served Notice of Entry o ~ the above minute order of
11-1-05 upon each party pr counsel named below by
depositing in the United States mail at the courthouse
in Santa Monica, California, one copy of the
original entered herein in a separate sealed envelope
for each, addressed as shown below with the postage
thereon fully prepaid.
01/07/10 14:59:05
PAGE: 4
CAS E HIS 'l' 0 lR. Y REP CJ R T
Santa Monica - West District
Civi2 Division
--,1
II Case Number': SC087400 NIVIE SAMPAN VS. JOSEPH ZERNIK
II
II
=======:====d
CAS E H I l3 TOR Y
Date Activity
Date: November 1, 2005
John A. Clarke, Executive Officer/Clerk
By:
T. MCDONALD
JAY R. STEIN
1801 Century Park East
suite 2400
Los Angeles, Ca. 90067-2326
11/01/05 Event Complete
Case Ordered Reassigned
Case reassigned per 170 CCP
11/02/05 Document Filed
Notice of Status Conference
MEMO
Clerk
OSC AND ISC HEARING ON 2/2/06
AT 8:30 A.M.
JUDGE CONNOR REQUESTS A CMC 110
STATEMENT.
PLEASE NO STATUS CONFERENCE
QUESTIONNAIRES
11/28/05 Document Filed
Defendant's Demurrer
Attorney for Defendant
On Behalf of ZERNIK, JOSEPH
Defendant
Filed By
SULLIVAN, WORKMAN & DEE, LLP
Former Attorney for Defen
11/28/05 Journal En try
MEMO
First Paper, Civil Adverse
$332.50
Other Pmnt
DEMURRER TO COMPLAINT FILED
01/07/10 14:59:05
PAGE: 5
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil DiV".ision
II
II Case Number: SC087400 NIVIE S ~ ~ VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date Activity
On Behalf of ZERNIK, JOSEPH Defendant
Paid By SULLIVAN, WORKMAN & DEE, LLP Former Attorney for Defen
11/29/05 Scheduled Event
Demurrer MEMO
Jacqueline A. Connor
01/30/06 at 8:35 am
2. OSC RE PROOF OF SERVICE
3. INITIAL STATUS CONFERENCE
11/29/05 Event Complete
MEMO
Advanced to this date & contin ed
Status Conference
2. OSC REi PROOF OF SERVICE
CONT. TO DEMURRER DATE OF
JAN. 30, 2006
12/02/05 Document Filed
MEMO
NOTICE OF CONTINUANCE
Attorney for Plaintiff
ISC AND OSC HEARING ARE ADVANCED
TO THE DEMURRER DATE OF
1/30/06
Former Attorney for Plain
Filed By Stein, Jay R.
On Behalf of SAMAAN, NIVIE
Plaintiff
01/17/06 Document Filed
MEMO
Opposition Points & Authorities
Attorney for Plaintiff
IN OPPOSITON TO DEMURRER TO
COMPLAINT
01/07/10 14:59:05
PAGE: 6
CAS E HIS TOR y. REP 0 R T
Santa Monici!!- - West District
ci vil Di v.ision
Ii
II Case Number: SC087400 NIVIE
II
CAS E
Date
Filed By Stein, Jay R.
On Behalf of SAMAAN, NIVIE
01/20/06 Document Filed
Response
Attorney for Defendant
REPLY BRIEF IN SUPPORT OF
TO COMPLAINT
On Behalf of ZERNIK, JOSEPH
Filed By SULLIVAN, WORKMAN & DEE,
01/20/06 Document Filed
Statement-Case Management
Attorney for Plaintiff
Filed By Stein, Jay R.
On Behalf of SAMAAN, NIVIE
01/23/06 Document Filed
Statement-Case
Attorney for Defendant
On Behalf of ZERNIK, JOSEPH
Filed By
SULLIVAN, WORKMAN &
01/24/06 Document Filed
Proof of Service
Attorney for Plaintiff
Filed By Stein, Jay R.
On Behalf of
SAMAAN, NIVIE
Party Served ZERNIK, JOSEPH
01/24/06 Document Filed
Summons Filed
Attorney for Plaintiff
Filed By Stein, Jay R.
On Behalf of SAMAAN, NIVIE
01/30/06 Event
Demurrer
Jacqueline A. Connor
SAM1\.llli VS. JOSEPH ZERNIK
HIS TOR Y
Activity
Former Attorney for Plain
Plaintiff
MEMO
DEMIffiRER
Defendant
LLP Former Attorney for Defen
Former Attorney for Plain
Plaintiff
Defendant
LLP
Former Attorney for Defen
Former Attorney for Plain
Plaintiff
Defendant
Former Attorney for Plain
Plaintiff
MEMO
01/07/10 14:59:05
PAGE: 7
CAS E HIS TOR Y REP aRT
Santa Monica - WeBt District
civil DivjBion
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E HIS TOR Y
Date Activity
8: 30 am
DEFENDANT (JOSEPH ZERNIK) TO COMPLAINT;
INITIAL STATUS CONFERENCE;
ORDER TO SHOW CAUSE FOR FAILURE TO FILE PROOF OF
SERVICE;
Matters are called for hearing.
Counsel represents to the Court that they have
received the Court's tentative and submit on the
ruling.
Accordingly, the Court's tentative ruling becomes
the final order of the Court as follows:
Defendant Joseph Zernik'is demurrer to complaint is
OVERRULED. The Court finds that Plaintiff's
complaint is not barred by the s·tatute of frauds as
Plaintiff expressly alleges that the agreement
sought to be enforced was written. See Complaint at
Paragraph 20.
The Court also finds tha,t the equal dignities rule
is not applicable here. A demurrer can be used only
to challenge defects that appear on the face of the
pleading under attack, from matters outside the
pleading that are judicially noticeable. Blank v.
Kirwan (1985) 39 Cal.3d 311, 318. Defendant has not
asked the Court to take of any judicially
noticeable fact. A revi.ew of t.he complaint reveals
that the alleged defect does not appear on its face.
Defendants cite to no legal authority, and the Court
is aware of none, that supports. ·the proposition that
Plaintiff must address and plec.d around the equal
dignities rule in drafting her complaint.
Finally, the Court finds that the complaint is not
so uncertain as to give cause for dismissal. A
01/07/10 14:59:05
PAGE: 8
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civii Di"vision
II
"
I'
Case Number: SC087400
NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E HIS TOR Y
Date Activity
demurrer for uncertainty will be sust.ained only
where the complaint is so poor:_y drafted that the
defendant cannot reasonably reBpond. Thus,
demurrers for uncertainty will be overruled where
the facts alleged in the complaint are presumptively
within the knowledge of the demurring pa:rty or
ascertainable by invoking discovery procedures.
Khoury v. Maly's of Calif., Inc. (1993) 14
Cal.App.4th 612, 616. HeIie, the wrongful acts
complained of are not so vague such that Defendant
cannot reasonably respond, especially in light of
the fact that Defendant is an alleged party to the
contract sought to be enforced and presumably has
knowledge of the facts giving rise to the instant
dispute. Accordingly, the demurrer is overruled.
Order to Show Cause and Initial Status Conference
are held and discharged.
Counsel represents to the Court that
Complaint will be filed ,this week.
a Cross­
Case Management Conferen.ce is set
at 8:30 a.m. in Department WE"I".
for April 6, 2006
Notice is waived.
2)
3)
OSc/ RE: pas
INITIAL STATUS CONFERENCE
01/30/06 Event Complete
Demurrer
Motion Granted
MEMO
2)
3)
OSC/ RE: pas
INITIAL STATUS CONFERENCE
01/07/10 14:59:05
PAGE: 9
CAS E HIS TOR Y REP 0 R T
Santa - West District
Ci vii Division
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
I' 'I
CAS E HIS TOR Y
Date Activity
01/30/06 Scheduled Event
Conference-Case Management
Jacqueline A. Connor
04/06/06 at 8:30 am
01/30/06 Document Filed
Notice
Attorney for Defendant
On Behalf of ZERNIK, JOSEPH Defendant
Filed By SULLIVAN, WORKMAN & DEE, LLP Former Attorney for Defen
02/02/06 Event
OSC-Failure to File Proof of Servo
MEMO
Richard Neidorf
8: 30 am
AND INITIAL STATUS
02/02/06 Event
MEMO
Status Conference
Jacqueline A. Connor
8:30 am
2. OSC RE; PROOF OF SERVICE
CONT. TO DEMURRER DATE OF
JAN. 3 0, 2006
02/06/06 Document Filed
General Denial
Attorney for Defendant
On Behalf of ZERNIK, JOSEPH
Defendant
Filed By
SULLIVAN, WORKMAN & DEE, LLP
Former Attorney :Eor Defen
02/06/06 Document Filed
Summons Filed
Attorney for Defendant
01/07/10 14:59:05
PAGE: 10
CAS E HIS TOR X REP () R T
Santa Monica - West District:
Civi2 Division
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date Activity
On Behalf of ZERNIK, JOSEPH Defendant
Filed By SULLIVAN, WORKMAN & DEE, LLP Former Attorney for Defen
Party Served Coldwell Banker Residential Brokerage Defendant
Party Served Libow, Michael Defendant
02/06/06 Document Filed
Cross-CampI fld - Summons Issued MEMO
Attorney for Defendant
joseph zernik
vs.
Coldwell Banker Residenbal
Brokerage; Michael Libow
and does 1 to 20
On Behalf of ZERNIK, JOSEPH Defendant
Filed By SULLIVAN, WORKMAN & LLP Former Attorney for Defen
Against Coldwell Banker Residential Brokerage Defendant
Against Libow, Michael Defendant
03/08/06 Document Filed
Proof of Service MEMO
Attorney for Defendant
SUMMONS ON CROSS-COMPLAINT
On Behalf of ZERNIK, JOSEPH Defendant
Filed By SULLIVAN, WORKMAN & DEE, LLP Former Attorney for Defen
Party Served Coldwell Banker Residential Brokerage Defendant
03/08/06 Document Filed
Proof of Service
MEMO
Attorney for Defendant
SUMMONS ON CROSS-COMPLAINT
On Behalf of ZERNIK, JOSEPH Defendant
Filed By SULLIVAN, WORKMAN & DEE, LLP
Former Attorney for Defen
Party Served Libow, Michael
Defendant
PAGE: 11
01/07/10 14:59:05
CAS E REP 0 R T
Santa Monicp - West District
civil Divi.sion
11
II Case Number: SC087400 NIVIE SAMI\AN VS. JOS-C:PH ZERNIK
II
L!::II=======================__ :================11
CAS E HIS TOR Y
Date A ~ t i v i t y
03/15/06 Document Filed
Answer to Cross-Complaint MEMO
Attorney for Cross-Defendant
ANSWER TO XC OF JOSEPH ZERNIK
On Behalf of Coldwell Banker Residential Brokerage Defendant
On Behalf of Libow, Michael Defendant
Filed By
LAW DEPT. COLDWELL BANKER RES. BROKERAG Attorney for Cross-Defend
03/15/06 Journal Entry
Received - Fee, Adverse party
$640.00
Other Pmnt
On Behalf of
Coldwell Banker Residential Broke:iCage
Defendant
On Behalf of Libow, Michael
Defendant
Paid By
LAW DEPT. COLDWELL
BANKER RES. BROKERAG Attorney for Cross-Defend
03/22/06 Document Filed
Statement-Case Management
Attorney for Defendant
Defendant
On Behalf of ZERNIK, JOSEPH
Former Attorney for Defen
Filed By
SULLIVAN, WORKMAN & DEE, LLP
03/27/06 Document Filed
Statement-Case Management
Attorney for Plaintiff
Former Attorney for plain
Filed By
Stein, Jay R.
Plaintiff
On Behalf of
SAMAAN, NIVIE
04/06/06 Event
Conference-Case Management
Jacqueline A. Connor
8:30 am
CASE MANAGEMENT CONFERENCE;
Case Management Conference is he d.
Counsel represents to the Court that mediation has
01/07/10 14:59:05
PAGE: 12
CAS E HIS T 0 :R Y REP 0 R T
Santa Monica - West District
CiiVil Division
It
II Case Number: SC087400 NlVIE VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date Activity
been completed prior to filing the complaint.
Further Status Conference is set for June 13, 2006 at
8:30 a.m. in Department WE"l".
Counsel are directed to file a joint status memo prior
to the above hearing date.
Counsel for plaintiff is ordered to give notice.
04/06/06 Event Complete
Conference-Case Management
Status Conference Held
04/06/06 Scheduled Event
Further Status Conference
Jacqueline A. Connor
06/13/06 at 8:32 am
04/11/06 Document Filed
Notice of Ruling
Attorney for Plaintiff
Former Attorney for Plain
Filed By
Stein, Jay R.
On Behalf of SAMAAN, NlVlE
Plaintiff
OS/25/06 Document Filed
Statement-Case Management
Attorney for Plaintiff
Former Attorney for Plain
Filed By
Stein, Jay R.
Plaintiff
On Behalf of
SAMAAN, NlVlE
06/13/06 Event
Further Status Conference
Jacqueline A. Connor
8:32 am
FURTHER STATUS
Further Status is held.
Counsel represents to the Court t:hat Mediation has
01/07/10 14:59:05
PAGE: 13
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Ci vi;L Division
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
j! II
CAS E HIS TOR Y
Date Activity
been completed no settlement reached and depositions
are set for July.
The Case is referred to the E.N.E. program.
Further Status Conference and Trial Setting
Conference are set for September 11, 2006 at 8:30
a.m. in Department W E ~ I ~ .
Counsel for plaintiff is ordered to give notice.
06/13/06 Event Complete
Further Status Conference
Status Conference Held
06/13/06 Scheduled Event
MEMO
Jacqueline A. Connor
09/19/06 at 8:32 am
RE: ENE PROGRAM
2) TRIAL SETTING CONFERENCE
MEDIATION TO BE COMPLETED BY
9/8/06
Further Status Conference
06/15/06
Document Filed
Notice of Ruling
Attorney for Plaintiff
Former Attorney :Eor Plain
Filed By
Stein, Jay R.
Plaintiff
On Behalf of
SAMAAN, NIVIE
06/23/06
Document Filed
MEMO
Stipulation-Participate-ADR
Attorney for Plaintiff
STIP TO PARTICIPATE IN EARLY
NEUTRAL EVALUATION PROGRAM
01/07/10 14:59:05
PAGE: 14
CAS E HIS TOR Y REPOR'r
Santa Monic;;i - West District
c/vil D:lviBion
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date ll.ctivi ty
06/23/06 Document Filed
Stipulation-Participate-ADR MEMO
Attorney for Defendant
STIP TO PARTICIPATE IN EARLY
NEUTRAL EVALUATION PROGRAM
06/23/06 Document Filed
Stipulation-Participate-;ADR MEMO
Attorney for Cross-Defendant
STIP TO PARTICIPATE IN EARLY
NEUTRAL EVALUATION PROGRAM'
06/26/06 Status Effective
MEMO
Sent-ENE-Over $1 million
DRPA INFO STMT GIVEN 12/25/05
CONFIDENTIAL STMT MAILED 06/26/06
06/26/06 Document Filed
Notice-Assign-Evaluator
ADR Clerk
08/24/06
Document Filed
Statement-Case M a n a g e m e n ~
Attorney for Defendant
Defendant
On Behalf
of ZERNIK, JOSEPH
Former Attorney for Defen
Filed By
SULLIVAN, WORKMAN & DEE, LLP
08/25/06
Document Filed
MEMO
NOTICE OF CONTINUANCE
Clerk
FSC / TSC FROM 9/11/06 TO 9/19/06
COURT DARK
01/07/10 14:59:05
PAGE: 15
CAS E HIS TOR Y REP 0 R T
Santa Monaca - West District
civil Division
"'n=======================:====================:::::;
!! 11
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK II
1l!:1=======================
CAS E HIS TOR Y
Date Activity
08/31/06 Document Filed
NOTICE OF CONTINUANCE MEMO
Atty for Defendant and Cross-Compl
Old date 9-11-06
new date 9-19-06
09/08/06 Status Terminated
MEMO
Sent-ENE-Over $1 million
DRPA INFO STMT GIVEN 12/25/05
CONFIDENTIAL STMT MAILED 06/26/06
09/19/06 Event
MEMO
Further Status
Jacqueline A. Connor
8:32 am
FURTHER STATUS CONFERENCEi
TRIAL SETTING CONFERENCE,i
Further Status Conference and Trial Set
tin
9
Conference are held and continued to October 31,
2006 at 8:30 a.m. in Department
Counsel represent to the Court that ENE has not been
completed as the evalutor did not schedule a date
also, a Motion to Expunge will be filed.
The Court reserves October 31, 2006 for hearing on
Motion to Expunge. Counsel to file the Motion.
Robert sulkin, counsel Defendant represents to the
Court that he will not b\= available on October 31,
2006. The Court will allow the hearing to be held
01/07/10 14:59:05
PAGE: 16
CAS E HIS or 0 R Y REP 0 R T
Santa Monica - West District
Civil Division
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date l\ctivi ty
without the presence of Mr. Sulkin.
Notice is waived.
RE: ENE PROGRAM
2) TRIAL SETTING CONFERENCE
MEDIATION TO BE COMPLETED BY
9/8/06
09/19/06 Event Complete
Further Status Conference
MEMO
Continued
RE: ENE PROGRAM
2) TRIAL SETTING CONFERENCE
MEDIATION TO BE COMPLETED BY
9/8/06
09/19/06 Scheduled Event
MEMO
Further Status Conference
Jacqueline A. Connor
11/09/06 at 8:35 am
2.) TRIAL SETTING CONFERENCE
3.) MTN TO EXPUNGE
09/20/06
Document Filed
Substitution of Attorney
Attorney for Plaintiff
Plaintiff
On Behalf
of SAMAAN, NIVIE
Attorney for Plaintiff
Sheppard, Mullin, Richter & Hampton
Filed By
09/27/06
Document Filed
MEMO
Motion for an Order
Attorney for Defendant
TO EXPUNGE LIS PENDENS
01/07/10 14:59:05
PAGE: 17
CAS E HIS TOR Y REP 0 R T
Santa - West District
CilfiJ Division
II
II
Case Number: SC087400 NIVIE VS. JOSEPH ZERNIK
II
II
'I
CAS E H I S TOR Y
Date l'...ctivity
On Behalf of ZERNIK, JOSEPH Defendant
Filed By SULLIVAN, WORKMAN & DEE, LLP Former Attorney for Defen
09/27/06 Journal Entry
MEMO
$40.00
Other Pmnt
MTN TO EXPUNGE
On Behalf of ZERNIK, JOSEPH
Defendant
Filed By SULLIVAN, WORKMAN & DElE, LLP Former Attorney for Defen
10/13/06 Document Filed
Statement-Case Management
Attorney for Defendant
ZERNIK,
Defendant
On Behalf of JOSEPH
Filed By
SULLIVAN, WORKMAN & DEE, LLP
Former Attorney for Defen
10/17/06 Document Filed
MEMO
Ex-Parte Application
Attorney for Plaintiff
UNOPPOSED - TO PRESENT
STIPULATION TO CONTINUE HEARING
DATE FOR DEFTS MOTION TO EXPUNGE
LIS PENDENS
10/17/06 Document Filed
MEMO
Stipulation and Order
Attorney for Plaintiff
TO CONTINUE HEARING DATE FOR
DEFENDANTS' MOTION TO EXPUNGE LIS
PENDENS IS SIGNED BY:
A. CONNOR, JUDGE
01/07/10 14:59:05
PAGE: 18
CAS E Hlp TOR Y R E P ( ) R ~ r
Santa Monica - West District:
civiJI. Division
Ii
II Case Number; SC087400 NIV:tE SAMAAN VS. JOSEPH ZERNIK
Ii
/I
II 'I
CAS E HIS TOR Y
Date Activity
10/17/06 Even t
Ex-Parte Application
Jacqueline A. Connor
8:30 am
PLAINTIFF'S (NIVIE SAMAAN) UNOPPOSED EX PARTE
APPLICATION TO PRESENT STIPULATION TO CONTINUE
HEARING DATE FOR DEFEND1\NT'S MOTION TO EXPUNGE
LIS PENDENS;
The Court reads and cons:iders the moving papers off
the record.
Plaintiff's ex parte app;I.ication is granted.
Stipulation and order is signeci. and filed this date.
Accordingly, Motion to Eixpunge/Further Status
Conference/Trial Setting Conference set for October
31. 2006 are advanced to this date and continued to
November 9, 2006 at 8; 30 a.m. in Department WE" I" .
Counsel for Plaintiff/Moving Pa.rty is ordered to
give notice.
10/17/06 Event Complete
Ex-Parte Application
Motion Granted
10/17/06 Journal Entry
$40.00
Other Pmnt
10/19/06 Document Filed
Notice of Ruling
Attorney for Plaintiff
Plaintiff
On Behalf of SAMAAN, NIVIE
01/07/10 14:59:05
PAGE; 19
II
CAS E HIS 'il' 0 R Y REP () R T
Santa - West District
Civil Division
Case Number: SC087400 VS. JOSEPH ZERNIK
I'
CAS E HIS TOR Y
Date Activity
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
10/27/06 Document Filed
Opposition MEMO
Attorney for Plaintiff
TO MTN TO EXPUNGE
On Behalf of Coldwell Banker Brokerage Defendant
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
10/31/06 Event
Further Status Conference
MEMO
Jacqueline A. Connor
8:30 am
FURTHER STATUS CONFERENCE;
TRIAL SETTING CONFERENCE;
DEFENDANT (JOSEPH ZERNIKJ MOTION TO EXPUNGE LIS
PENDENS;
2.) TRIAL SETTING CONFERENCE
3.) MTN TO EXPUNGE
11/02/06 Document Filed
MEMO
Response
Attorney for Defendant
BRIEF AND DECL. IN SUPPORT OF MTN
TO EXPUNGE LIS PENDES
Defendant
On Behalf of
ZERNIK, JOSEPH
Former Attorney for Defen
Filed By
SULLIVAN, WORKMAN & DEE, LLP
1.1/02/06
Document Filed
MEMO
Objection Document Filed
Attorney for Defendant
01/07/10 14:59:05
PAGE: 20
II
CAS E HIS TOR Y REP () R T
Santa Monica - West District
CiVil Division
Case Number: SC087400 NIVIE SAMAAN VEl. JOSEPH ZERNIK
I'
CAS E HIS TOR Y
Date Activity
TO DECL. OF NIVIE SAMAAN
On Behalf of ZERNIK, JOSEPH
Filed By SULLIVAN, WORKMAN & DEE, LLP
11/02/06 Document Filed
Objection Document Filed
Attorney for Defendant
TO DECL OF VICTOR PARKS .AND TO
EXHIBITS 23 AND 24
On Behalf of ZERNIK, JOSEPH
Filed By SULLIVAN, WORKMAN & DEE, LLP
11/07/06 Document Filed
Ex-Parte Application
Attorney for Plaintiff
requesting leavae to file sur-repl
reply brief in opposition to defts
motion to expunge lis pendent
11/07/06 Journal Entry
$40.00
Other Pmnt
On Behalf of SAMAAN, NIVIE
Posted By
Sheppard, Mullin, Richter & Hampton
11/07/06 Document Filed
Miscellaneous-Other
Attorney for Plaintiff
SUR-REPLY TO MTN TO EXPUNGE LIS
PENDENS
Defendant
Former Attorney for Defen
MEMO
Defendant
Former Attorney for Defen
MEMO
Plaintiff
Attorney for Plaintiff
MEMO
01/07/10 14:59:05
PAGE: 21
C A S E H I S
7:
0 R Y R E P 0 R T
Santa Monica - West District
Civil Division
II ,
,
II
Case Number: SC087400 NIVIE SAMAAN VB. JOSEPH ZERNIK
II
II
II
II
CAS E HIS TOR Y
Date Activity
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
11/07/06 Event
Ex-Parte Application
Jacqueline A. Connor
8: 30 am
PLAINTIFF (NIVIE SAMAAN) EX PARTE APPLICATION
REQUESTING LEAVE TO FILE A SUR-REPLY BRIEF IN
OPPOSTION TO DEFENDNAT'S MOTION TO EXPUNGE LIS
PENDENS.
Plaintiff's ex parte application is granted.
Sur-Reply to be filed forthwith.
counsel for Plaintiff/Moving Party is ordered to
give notice.
11/07/06 Event Complete
Ex-Parte Application
Motion Granted
11/08/06 Document Filed
MEMO
Objection Document Filed
Attorney for Defendant
TO DECL AND EXHIBITS SUBMITTED
WITH REPLY
Defendant
Former Attorney for Defen
On Behalf of ZERNIK, JOSEPH
Filed By
SULLIVAN, WORKMAN & DEE, LLP
11/08/06 Document Filed
MEMO
Objection Document Filed
Attorney for Plaintiff
TO EVIDENCE SUBMITTED IN SUPPORT
OF MTN TO EXPUNGE
01/07/10 14:59:05
PAGE: 22
CAS E HIS TOR Y REP 0 R T
Santa Monic? - WeBt District:
Civil Divj.Bion
II
Case Number: SC087400
NIVIE SAMAAN VS. JOSEPH ZERNIK
II
d
CAS E HIS TOR Y
Date
Activity
On Behalf
Filed By
of SAMAAN, NIVIE
Sheppard, Mullin, Richter & Hampton
Plaintiff
Attorney for Plaintiff
11/08/06 Document Filed
Proof of Service
Attorney for Plaintiff
MEMO
OF SUR-REPLY
On Behalf of SAMAAN, NIVIE
Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton
Attorney for Plaintiff
11/09/06 Event
Further Status
MEMO
Jacqueline A. Connor
8:30 am
FURTHER STATUS CONFERENCE;
TRIAL SETTING CONFERENCE;
DEFENDANT MOTION TO EXPUNGE LIS PENDENS
Matters are called for hearing. The Court notes
there is no appearance by or for Cross-Defendant.
Counsel acknowledge receipt of the Court's tentative
ruling and submit on the tentative.
Accordingly, the Court adopts Its tentative ruling
as the final order of the Court as follows:
The motion of defendant Zernik to expunge lis
pendens is DENIED without prejudice.
Defendant argues plaintiff cannot: establish the
probable validity of her claims because she failed
to timely remove the apprajisal contingency which
gave him the right to the escrow. Plaintiff
contends that her performance was excused by
defendant's failure to timely provide documents
PAGE: 23 01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
i
Santa Monica - West District:
Civil Division
II
I
II Case Number: SC087400 NIVIE VS. JOSEPH ZERNIK
=j1
II
I'
============ --.-JI
CAS E HIS TOR Y
Date Activity
required by plaintiff's lender in order to remove
the contingency. to civil Code §lSll,
prevention of performanoe by one party will excuse
want of performance or delay on the part of the
other. A party to a conqract cannot take advantage
of his own act or to escape liability
therefrom, and performaQce of a contract is excused
when prevented by the acts of the opposite party, or
is rendered impossible by ihim. (Taylor v. Sapritch
(1940) 38 Cal.App.2d 478, 481-482; Ninety Nine
Investments, Ltd. v. Courier Service
(Singapore) Private, Ltd. (2003) 113 Cal-App.4th
1118, 1134.)
The sale argument by defendant in support of the
motion is that plaintiff failed to timely remove the
appraisal contingency and, as such, he properly
canceled the escrow on October 25, 2004. Pursuant to
the parties' agreement, t-he appraisal contingency
was required to be removed by the buyer (plaintiff)
by October 11, 2004. (Defepse Exhibit 5.) On October
18, 2004, defendant gave notice to plaintiff to
remove the remaining contingencies. The loan and
title contingencies were removed by defendant on
October 19, 2004, but the appraiBal contingency was
not removed until October 25, 2004. Nivie Samaan,
through her opposing papers and evidence, contend
that the delay in removipg the loan and title
contingencies was caused by defendant's failure to
provide the Escrow Instructions and Preliminary
Title Report until October 6, 2004. She further
states that the appraisai contingency was not
removed because defendant did not provide a signed
copy of the Purchase Agreement until October 22,
2004.
Victor Parks, plaintiff's loan broker, states in his
declaration that he Mara Escrow several times
requesting the "Escrow Package" and stating that any
delay by the seller in delivering the Preliminary
Title Report and fully signed Purchase Agreement
01/07/10 14:59:05
PAGE: 24
i
c A S E H I S T 0 R Y R E P 0 R T
I
Santa - West District
Civil Division
Ii -,1
II Case Number: SC087400 NIVIE VS. JOSEPH ZERNIK
II
II
II
,
,
I
i
CAS E HIS TOR Y
Date Activity
would delay loan approval. On October 6, 2004, the
Escrow Instructions and Preliminary Title Report
were delivered by defendant, but the fully executed
Purchase Agreement was still purportedly missing. It
was not until October 22, 2004 that. Mara Escrow sent
the Purchase Agreement signed by both parties.
Countrywide notified Mr. Parks that the loan has
been suspended for lack of receipt of certain
information, including a "complete executed purchase
contract." (Opposing Papers, Exhibit 24.) In his
reply, ZERNIK contends only that "
October 2004" Mara Escro/w'l called him requesting
intials and a signature on the Purchase Agreement.
ZERNIK cannot state, however, on what date he
provided those signatures. There are too many issues
regarding the timing of the provision of :iocuments
by defendant to plaintiff in order for plaint.iff to
get final loan approval and be able to remove the
appraisal contingency.
Therefore, the motion to expunge lis pendens is
DENIED without prejudice.
Further Status Conference and Trial Setting Conference
are held.
The case is referred to Mediation and Mediation is
to by completed by May 17, 2007.
Post Mediation Status is set for May 17,
2007 at 8:30 a.m. in Department Im"I".
Final Status Conference is set for July 5,
e:30 a.m. in Department WE"I".
Both parties waive jury trial and request a
Trial with a time estimate of 5-7 days.
The case is set for Court Trial on July 13,
9: 30 a. m. in Department WE" I" .
2007 at
Court
2007 at
01/07/10 14:59:05
PAGE: 25
CAS E HIS or 0 R Y REP 0 R T
Santa Monica - West District
ci vif Di vision
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
I'
CAS E HIS TOR Y
Date Activity
Counsel for Plaintiff is ordered to give notice of
the Court's ruling.
2) TRIAL SETTING
3) DEFT MOTION TO LIS
PENDENDS
11/09/06 Event Complete
Further Status Conference
MEMO
Motion Denied
2) TRIAL SETTING
3) DEFT MOTION TO EXPUNGE LIS
PENDENDS
11/09/06 Scheduled Event
MEMO
Jacqueline A. Connor
08/30/07 at 8:36 am
Further Status Conference
RE: STATUS CONFERENCE RE: REFEREE
APPOINTMENT
JT: 01-11-08
11/20/06 Event
Closed-ADR
ADR Neutral
11/20/06 Event Complete
Closed-ADR
Not held
01/09/07 Document Filed
Notice of Association of Attorneys
Attorney for Plaintiff
Plaintiff
On Behalf of SAMAAN, NIVIE
01/07/10 14:59:05
PAGE: 26
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
civil Division
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
II II
CAS E HIS T () R Y
Date Activity
On Behalf of SULLIVAN, WORKMAN & DEE, LLP Former Attorney for Defen
Filed By Bronner, Deborah R. & Associates Former Attorney for Plain
01/16/07 Document Filed
Ex-Parte Application
MEMO
Atty for Defendant and CrG>ss-Compl
FOR AN ORDER SHORTENING TIME FOR
MOTION TO BE RELIEVED AS aOUNSEL
01/16/07 Document Filed
MEMO
Order
Atty for Defendant and Cross-Compl
GRANTING EX PARTE APPLICAT,ION IS
SIGNED BY: JACQUELINE A. CONNOR,
JUDGE
01/16/07 Event
Ex-Parte Application
Jacqueline A. Connor
8:30 am
DEENDANT/CROSS-COMPLAINANT (JOSEPH ZERNIK) EX PARTE
APPLICATION FOR AN ORDER SHORTENING TIME FOR A MOTION
TO BE RELIEVED AS COUNSEL;
The Court reads and considers the moving papers of the
record.
Defendant/Cross-Complainant's ex parte application is
granted.
Accordingly Motion to be relieved as Counsel is
reserved for hearing on 5, 2007 at 8:30
a.m. in Department
Order is signed and filed this date.
01/07/10 14:59:05
PAGE: 27
CAS E HIS 'r 0 R Y REP 0 R T
Santa Monica - West District
Civil Division
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date Activity
Counsel for Defendant/Cross-Complainant is ordered
to give notice.
01/16/07 Event Complete
Ex-Parte Application
Motion Granted
01/16/07 Journal Entry
MEMO
$40.00
Other Pmnt
EX PARTE APPLICATION
01/16/07 Document Filed
Motion to be Relieved as Counsel
Attorney for Defendant
On Behalf of ZERNIK, JOSEPH
Defendant
Filed By
SULLIVAN, WORKMAN & DEE, LLP
Former Attorney for Defen
01/16/07 Document Filed
MEMO
Declaration
Attorney for Defendant
IN SUPPORT OF MTN TO BE RELIEVED
AS COUNSEL
Defendant
On Behalf of ZERNIK, JOSEPH
Filed By SULLIVAN, WORKMAN & DEE, LLP
Former Attorney for Defen
01/16/07 Journal En try
MEMO
$40.00
Other Pmnt
MTN TO BE RELIEVED AS COUNSEL
Defendant
On Behalf of ZERNIK, JOSEPH
01/07/10 14:59:05
PAGE: 28
CAS E HIS TOR Y REP 0 R T
Santa Moniciil - West District:
Civil Division
II Case Number: SC087400 NIVIE VS. JOSEPH ZERNIK
II
II
II
I'
CAS E HIS TOR Y
Date Activity
Filed By SULLIVAN, WORKMAN & DEE, LLP Former Attorney for Defen
01/16/07 Event
Motion to be Relieved as
Jacqueline A. Connor
8:35 am
DEFENDANT (JOSEPH MOTION TO BE RELIEVED AS
COUNSELi
01/16/07 Document Filed
Amended Notice
Attorney for Plaintiff
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Bronner, Deborah R. & Associates Former Attorney for Plain
01/16/07 Document Filed
Declaration
MEMO
Attorney for Defendant
IN SUPPORT OF MTN TO BE RELIEVED
On Behalf of ZERNIK, JOSEPH
Defendant
Filed By
SULLIVAN, WORKMAN & DEE, LLP
Former Attorney :or Defen
01/18/07 Scheduled Event
Motion to be Relieved as Counsel
Jacqueline A. Connor
02/05/07 at 8:35 am
01/18/07
Document Filed
Proof of Service
Attorney for Defendant
Defendant
On Behalf of
ZERNIK, JOSEPH
Filed By
SULLIVAN, WORKMAN & DEE, LLP
Former Attorney for Defen
01/18/07 Document Filed
Proof of Service
Attorney for Defendant
01/07/10 14:59:05
PAGE: 29
II
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Div.ision
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
I'
CAS E HIS TOR Y
Date Activity
On Behalf of ZERNIK, JOSEPH Defendant
Filed By SULLIVAN, WORKMAN & DEE, LLP Former Attorney for Defen
02/05/07 Event
Motion to be Relieved as Counsel
Jacqueline A. Connor
8:30 am
DEFENDANT'S { JOSEPH ZERNIK) MOTION TO BE RELIEVED
AS COUNSEL BY LAW OFFICE OF SULLIVAN, WORKMAN & DEE,
LLP;
Matter is called for hearing.
Counsel acknowledge receipt of the Court's tentative
ruling as follows:.
The motion of Charles D. Cummings and Sull van,
Workman & Dee, LLP to be relieved as counsel is
continued to February 26 8:30 a.m. in order to
effect proper service of all moving papers on
defendant/client Joseph Zernik and the other parties
to this action. Moving parties are also to lodge and
serve a proposed order using mandatory form MC-053.
Moving party is to give notice of this ruling.
First, the proofs of service attached to the moving
papers are neither signed nor dated. As such, there
is no proof that the moving papers were properly
served on the client, defendant Ze:r-nik or the
other parties to this action.
Second, pursuant to CCP §284 and CRC 3.1362
(formerly 376), a proposed order using mandatory
form MC-032 is required to be lodged and served in
conjunction with a motion to be relieved as counsel.
No such order has been lodged with the Court or is
included in the unexecuted proofs of service. The
Court notes that, pursuant to CRe 3.1362{e)
(formerly 376), after the order is signed, a copy of
the signed order must be on the client and on
all parties that have appeared in the case. The
01/07/10 14:59:05
PAGE: 30
C A S E H I S T 0 R Y REP 0 R T
Santa Monica - West District:
Civil Division
Ii
II
I'
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
----,1
II
----.J I
CAS E HIS TOR Y
Date Activity
court may delay the effective date of the order
relieving counsel until proof of service of a copy
of the signed order on the client has been filed
with the court.
Otherwise,
the motion
the Court's tentative would be
on substantive grounds.
to GRANT
The Court
in Court.
finds Defendant, Joseph Zernick is present
Accordingly, Motion to be relieved as coun!3el of
record filed by Charles D. Cummings, and Sullivan,
Workman & Dee, LLP is GRANTED. Counsel for the
moving party is ordered to give notice.
Order is signed and filed this date and a conformed
copy is served to Defendant Joseph Zernik in open
court.
Defendant's oral motion fOr a 30
to seek new counsel is granted.
day continuance
Accordingly, Further Status Conference is set for
March 6, 2007 at 8:30 a.m. in Department WE"I".
Counsel for Plaintiff is otdered to give notice.
02/05/07 Event Complete
Motion to be Relieved
Motion Denied
as Counsel
02/05/07 Document Filed
Order
Attorney for Defendant
MEMO
ON APPLICATION TO BE RELIEVED AS
ATTORNEY IS SIGNED BY: JACQUELINE
A. CONNOR, JUDGE
01/07/10 14:59:05
PAGE: 31
CAS E HIS T 0 ;R Y REP 0 R T
Santa Monica - District
Civil DiYision
Ii Ii
II Case Numbe:r: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK II
l!:1I======================:=====================IJ
CAS E HIS TOR Y
Date Activity
02/05/07 Scheduled Event
Further Status Conference
Jacqueline A. Connor
03/06/07 at 8:33 am
02/07/07 Document Filed
Proof of Service
Atty for Defendant and Cross-Corrpl
On Behalf of ZERNIK, JOSEPH
Defendant
Filed By SULLIVAN, WORKMAN & DEE, LLP
Former Attorney for Defen
Filed By Bronner, Deborah R. & Associates
Former Attorney for Plain
02/15/07 Document Filed
Substitution of Attorney
Attorney for Defendant
On Behalf of ZERNIK, JOSEPH
Defendant
Filed By Schorr, Zachary D.
Former Attorney for Plain
02/21/07 Document Filed
Notice
Attorney for Plaintiff
MEMO
OF FURTHER STATUS CONF
On Behalf
Filed By
of SAMAAN, NIVIE
Sheppard, Mullin, Richter &
Plaintiff
Attorney for Plaintiff
03/01/07 Document Filed
Substitution of Attorney
On Behalf
Filed By
Attorney for Plaintiff
of ZERNIK, JOSEPH
Schorr, Zachary D.
Defendant
Former Attorney :Ear Plain
03/05/07 Journal Entry
MEMO
$20.00
Other Pmnt
TO SET DEPO DATE
01/07/10 14:59:05
PAGE: 32
II
II
CAS E HIS T 0 \R Y R E II 0 R T
Santa Monica - District
civil
Case Number: SC087400 NIVIE VS. JOSEPH ZERNIK
---.JI
CAS E HIS TOR Y
Date fctivity
On Behalf of SAMAAN, NIVIE Plaintiff:
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
03/06/07 Event
Further Status Conference
Jacqueline A. Connor
8: 33 am
FURTHER STATUS CONFERENCE;
Further Status Conference is held.
Counsel, Zachary D. Schorr represents to the Court
that he has Substituted-1m as counsel of record for
the Defendant Joseph Zernik.
Post Mediation Status Conference set for May 17, 2007
is to remain.
Notice is waived.
03/06/07 Event Complete
Further Status Conference
Status Conference Held
03/13/07 Document Filed
Stipulation and Order
MEMO
Attorney for Plaintiff
JOINT STIP TO SET DEPOSITION DATE
IS SIGNED BY: JACQUELINE A. CONNOR
JUDGE
On Behalf of SAMAAN, NIVIE
Plaintiff
Filed By
Sheppard, Mullin, Richter & Hampton
Attorney for Plaintiff
03/13/07 Document Filed
Motion to Compel
Attorney for Plaintiff
01/07/10 14:59:05
PAGE: 33
--
II
II
CAS E HIS TOR Y REP 1R T
Santa Monica - y.lest Distrj.ctJ
Civil Division
: I
Case Number: SC087400 NIVIE SAMAAN VS. ZERNIK
Jj
CAS E HIS TOR Y
Date Activity
__1,..------__
On Behalf of SAMAAN', NIVIE
l
plaihtiff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
03/13/07 Jow:-nal En try
$40.00
Other Pmnt
On Behalf of SAMAAN, NIVIE PlaintHf
Filed By Sheppard, Mullin, Richter & Hampton for Plaintiff
03/13/07 Document Filed
Statement - General MEMO
Attorney for Plaintiff
SEPERATE STATEMENT OF DISCOVEI<.Y
ITEt-1 IN DISPUTE
On Behalf of SAMAAN, NIVIE I_laintiff
Filed By Sheppard, Mullin, Richter & Hampton for Plaintiff
03/26/07 Document Fi.led
Substit.ution of At.torney
Defendant, & Defendant in Pro Per
On Behalf of ZERNIK, JOSEPH Defendant
I .
Filed By Zernik, Joseph & Defendant in
03/27/07 Document Filed
Separate Statement of Undo FactG MEMO
Attorney for Plaintiff
IN SUPPORT OF I'1TN TO COMPEL PROD
OF DOCS
On Behalf of SJlliAAN, NIVIE iPlaintiff
I
Filed By Sheppard, MuLlin, Richter & Hampton Attorney for Plaintiff
03/27/07 Document Filed
Motion to Compel
MEMO
Attorney for Plaintiff
PRODUCTION OF DOC
PAGE: 34
01/07/10 14:59:05
CAS:e:
HIS TOR Y REP 0 r T
San ta Moni ca - West District
civil Divis.ion
Ii = II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK II
lb - II
CAS E HIS TOR Y
Date Activity
On Behalf of SAMAAN, NIVIE l?laintiff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
03/27/07 J·ournal Ent.ry
MEMO
$40.00
Other Pmnt
MTN TO COMPEL
, . f
On Behalf of SAMAAN, NIVIE P
1
1alntl. f
Paid By Sheppard, Mullin, Richter & Hampton for Plaintiff
03/28/07 Document Filed
Ex·-Parte Application MEMO
Attorney for Plaintiff
TO PERMIT MOTION FOR SUMMARY
JUDGMENT TO BE HEARD
03/28/07 Document Filed
Opposition
MEMO
Attorney for Plaintiff
TO EX PARTE APPLICATION
03/28/07 Event
Ex-Parte Application
Jacqueline A. Connor
8: 30 am
PLAINTIFF'S (N::VIE SAMAAN) EX PARTE TO
PERMIT MOTION FOR SUMMARY JUDGMENT TO BE Hf'ARD ON
5, 2007, LESS THAN THIRTY DAYS BEFORE THE TRIAL
DATE;,
The Court reads and considers the moving papers and
opposition off the record.
PAGE: 35
01/07/10 14:59:05
II
CAS E HIS TOR Y RE:PORT
Santa Monica - west District
civil
Di vision I
If ,=:============= -­
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPI1 ZERNIK
l ~ ::====,= _ = 'I
CAS E HIS TOR Y
Date Activity
Plaintiff's ex parte application is GRANTEJ.
Accordingly, Plaintiff's motion for summarl Judgment
is reserved for July 5, 2007 at 8:30 a.m. lon
Department WE"l". Counsel to file motion.
Accordingly, Final Status Conference Bet for
July 5, 2007 is advanced to this date and continued
to August 2, 2007 at 8:30 a.m. in Departmett WEI"l".
Jury Trial set for July 13, 2007 is advanced td this
date and continued to August 10, 2007 at 9130 a.m. in
Department WE" I " .
Notice is waived.
03/28/07 Event: Complete
Ex-Parte Application
Motion Granted
03/28/07 JOUl:nal Entry
$40.00
Other Pmnt
On Behalf of SAMAAN, NIVIE _laintHf
I . •
Posted By st.eppard, Mullin, Richter & Hampton Attorney for Plalntlff
03/28/07 DocL1Inen t Fi led
Order
MEMO
Attorney for Plaintiff
GRANTING EX PARTE APPLICATION IS
SIGNED BY: JACQUELINE A. CONNOR,
~ T U D G E
04/03/07 Document Filed
Ex-Parte Application
MEMO
Defendant, & Defendant in Pro Per
motion for order appointing
PAGE: 36
01/07/10 14:59:05
CAS:E: HIS TOR Y REP () R T
Santa Monica - West District
Civil
rr
"
l.!:
Case Number: SCD87400 NIVIE SMlIAAN VS. JOS
'Ii
ZERNIK II
'I
EPHI
I
CAS E HIS TOR Y
Date Activity I
__..! ,I­
referee
04/03/07 Event
Ex--Parte Application
Jacqueline A. Connor
8:30 am
I
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLIGATION FOR
MOlTON FOR ORDER. APPOINTING EEF'EREE;
The Court reads and considers the movi.ng off
the record.
De::endant's Motion for Order Appointing Re1eree is
DENIED. J
The Court finds the motion to be inappropr:!.ate as an
Ex Parte Application.
Defendant is ordered to give notice.
04/03/07 Event Complete
Ex-Parte Application
Motion Denied
04/04/07 Scheduled Event
Motion to Compel MEMO
Jacqueline A. Connor
04/19/07 at 8:35 am
PRODUCTION OF DOCS
2 .) MTN TO COMPEL INSPECTION
04/16/07 Document Filed
Ex-Parte Application MEMO
Attorney for Plaintiff
to compel deposition of defendant
Joseph Zernik and continue trial
PAGE: 37
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
civil Division
Ir II
II Case Number: So2087400 NIVIE SAMAAN VS. J"OSEPH ZERNIK II
l\ 'I
CAS E HIS TOR Y
Date Activity
date
04/16/07 Document Filed
Opposition MEMO
Attorney for Plaintiff
to ex parte application
04/16/07 Journal Entry
$40.00
Other Pmnt
On Behalf of SAMAAN, NIVIE Plaintiff
Posted By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
04/16/07 Even t
Ex-Parte Application
Jacqueline A. Connor
8:30 am
PLAINTIFF'S (NIVIE SAMAAN) EX PARTE APPLICATION TO
COMPEL DEPOSITION OF D E F E N D ~ ~ T JOSEPH ZERNIK AND
CONTINUE TRIALj
The Court reads and considers the moving papers and
opposition off the record.
Plaintiff's ex parte application is granted.
Accordingly Defendant Joseph Zernik is orcder to
appear for his deposition of Friday, April 20, 2007
at 10:00 a.m. at the Law offices of Sheppard Mullin.
Final Status Conference set for August 2, ~ 0 0 7 is
advanced to this date and continued to AUGUST 30, 2007
at 8:30 a.m. in Department WE"I".
Jury Trial set for August 10, 2007 is advanced to this
date and continued to SEPTEMBER 7, 2007 at 9:30 a.m.
PAGE: 38
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Ci vil Di vi si on
fr
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
II
CAS E :H 1ST 0 R Y
Date Activity
in Department WE"I".
Counsel for Plaintiff is ordered to prepare an order
and give notice.
04/16/07 Event Complete
Ex-Parte Application
Motion Granted
04/17/07 Document Filed
Order
MEMO
Attorney for Plaintiff
GRANTING PLAINrIFF'S EX PARTE
APPLICATION TO COMPEL DEPOSITION
IS SIGNED BY: ,JACQUELINE A. CONNOR
JUDGE
04/19/07 Event
Motion to Compel
MEMO
Jacqueline A. Connor
8:35 am
PLAINTIFF (NIVIE SAMAAN) MOTION TO COMPEL PRODUCTION
OF DOCUMENTS;
PLAINTIFF (NIVIE SAMAAN) MOTION TO COMPEL INSPECTION
OF LAND AND TANGIBLE PROPERTY ON LAND IN THE
POSSESSION OF DEFENDANT;
Matters are called for hearing and continued t<!> April
26, 2007 at 8:30 a.m. in this Department, pursuant to
the oral motion of Defendant.
Defendant represents to the Court that he is in the
midst of retaining counsel and expects counsel to
• I
appear for hea.ring on the above stated
motjLons on
April 26, 2007.
Counsel for Plaintiff is ordered to give nbtice.
PAGE: 39
01/07/10 14:59:05
CAS l ~ HIS TOR Y REP 0 R T
8anta Monica - West District
civil Div.ision
if
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
I.
l
CAS E HIS TOR Y
Date Activity
PRODUCTION OF DOCS
2.) MTN TO COMPEL INSPECTION
04/19/07 Event Compl.ete
r/(otion to Compel MEMO
Continued
PRODUCTION OF DOCS
2 .) MTN TO COMPEL INSPECTION
04/19/07 Scheduled Event
Motion to Compel
MEMO
Jacqueline A. Connor
04/26/07 at 8:30 am
PRODUCTION OF DOCUMENTS
2) MOTION TO COMPEL INSPECTION
04/24/07 Document Filed
Response
MEMO
Attorney for Plaintiff
BRIEF IN SUPPORT OF MTN TO COMPEL
INSPECTION OF PROPERTY
On Behalf of SAMAAN, NIVIE
Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
04/25/07 Document Filed
Opposition
MEMO
Defendant, & Defendant in Pro Per
TO !"ITN TO COMPEL INSPECTION
On Behalf of ZERNIK, JOSEPH
Defendant
PAGE: 40
01/07/10 14:59:05
CAS E HIS TOR Y
REP 9R T
Santa Monica - West District
ci vil Division
II
T
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date Activity
Filed By zernik, Joseph Defehdant, & Defendant in
04/26/07 Event
Motion to Compel MEMO
Jacqueline A. Connor
8: 30 am
PLAINTIFF (NIVIE SAMAAN) MOTION TO COMPEL
PRODUCTIONS OF DOCUMENTS;
PLAINTIFF (NIVIE SAMAAN ) MOTION TO COMPEL!
INSPECTION OF LAND AND TANGIBLE PROPERTY ON LAND IN
THE POSSESSION OF DEFENDANT;
Continued from 4/19/07 I
Matters are called for hearing.
The Court notes Defendant has not attained, counsel.
Both parties acknowledge receipt of the Court
tentative ruling on April 19, 2007.
The Court adopts Its' tentative ruling as the final
order of the Court as follows:
The unopposed motion of plaintiff Nivie Samaan to
compel inspection of land and tangible property on
land in the possession of defendant is GRANTED·.
Defendant Joseph Zernik is ordered to allo[",
plaintiff, plaintiff's counsel, Philip Georgeous, a
videographer and a photographer to inspect the
interior and exterior of all buildings located at
320 South Peck Drive, Beve:dy Hills, CA 90212 <Dn MAY
4, 2007 at 10:00 a.m. until 12:00 p.m. The,
inspection shall be limited to two hours, 'there
shall be no videotaping or photographing of Mr.
Zernik or his family or employees, no objects $hall
be moved, and Mr. Zernik and his attorney be
present during the inspection.
request fo:[ monetary sanctions is
PAGE: 41
01/07/10 14:59:05
CAS E HIS TOR Y REP Ci R T
Santa Monica- West Distr;ict:
Civil Division
Ii
II
l'
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
II
'I
CAS E HIS TOR Y
Date Activity
Sanctions in the amount of $1,700 are
jointly and severally against defendant Jqspeph
Zernik and his attorney of record, Zachary D.
Schorr, payable within 20 days to plaintiff Nivie
Samaan through her counsel of record Sheppard Mullin
Richter & Hampton LLP. Plaintiff to give n.otice.
The unopposed motion of plaintiff Nivie Samaan to
compel production of documents is GRANTED.: Defendant
Joseph Zernik is ordered to pr·ovide a further
response without objection and production of
responsive documents to Demand No. 8 20 days.
The accompanying request for monetary sanctions is
GRANTED. Sanctions in the amount of $870 are imposed
jointly and severally against defendant Jospeph
Zernik and his attorney of record, D.
Schorr, payable within 20 days to plaintiff Nivie
Samaan through her counsel of record Sheppard Mullin
Richter & Hampton LLP. Plaintiff to give notice.
The Court finds that defendant's last minute refusal
to allow the inspection after having asserted
various objections and imposed conditions that were
met by plaintiff is unreasonable. Defendant did not
question the relevance of the inspection until the
day before the inspection. Further, has
properly shown that the inspection is rele,vant to
determining the condition and fair market rental
value of the property. The motion to compel the
inspection is GRANTED.
Further, defendant has failed to substanti,ate his
obj ections to Document Demand No. 8 for do,cuments
relating to the extensive remodeling that defepdant
claims has been done and may be ongoing at
r
the
property. There is nothing to show that
is overbroad, vague or ambiguous. Defendant the
reference to "substantial remodeling" in hiis e-mail
to plaintiff's attorney Moe Keshavarzi. Defendant
contends that the original price of $1.85 million is
no :Longer applicable because he has initiated
PAGE: 42
01/07/10 14:59:05
C A 8 E HIS TOR Y REP 0 R T
Santa Monica - West District
Ci vi] .oi vi.sion
Ir
II
[t
Case Number: SC0874,OO NIVIE SAMAJl.N VS. JOSEHI ZERNIK
CAS E HIS TOR Y
Date Activity
substantial remodeling, including the kitchen and
garage work which is still going on as of January
2007. Defendant is ordered to produce documents
relating to that remodeling and his claimEi tha,t the
property price is now increased as a result of the
work done.
Defendant has failed to timely respond to these
motions or show that his refusal to allow the
inspection or produce the requested documents was
justified. Plaintiff's requests for moneta.ry
sanctions are also granted.
Further Status Conference is set
8:: 30 a. m. in Department WE"l".
for lVJay 1, 2007 at
Parties are to provide
a selected mediator.
the Court with the name of a
Counsel
notice.
for Plantiff /Moving Pary is ordered to give
PEODUCTION OF DOCUMENTS
2) INSPECTION OF LAND/PROPERTY
04/26/07 Event Complete
Motion to Compel
Motion Granted
MEMO
PIWDUCTION OF DOCUMENTS
2) INSPECTION OF LAND/PROPERTY
04/26/07 Scheduled Event
Further Status Conference
,Jacqueline A. Connor
05/01/07 at 8:30 am
PAGE: 43
01/07/10 14:59:05
CAS E HIS TOR Y REll()RT
Santa Monica - West District
Ci vil Division
II
II
Il
Case Number: SC087400 NIVIE SAMAAN VS. ZERNIK
CAS E HIS TOR Y
Date Activity
05/01/0'7 Even t
Further Status Conference
Jacqueline A. Connor
8: 30 am
FURTHER STATUS CONFERENCEi
MEMO
Further Status Conference is held.
Mediation shall be with mediator Schoeltles.
Post mediation Status Conference set
is advanced and continued to May 23,
in this department.
on May 17, 2007
2007 at 8:30 a.m.
The parties shall split the cost of mediation.
The Summary Judgment motion scheduled on August 2,
2005, Final Status Conference on August 30, 2007 and
Trial date set on September 7, 2007 set.
Counsel for plaintiff shall give notice.
Conf held. Post med status conf
adv from 5-17-07 & cant to 5-23-07
8:30am/I. FSC, Summ Judgment mo,
final status conf & trl remain set
L. McKenzie, CSR #5567
05/01/07 Event Complete
Further Status Conference
Held-Continued
MEMO
Conf held. Post med status conf
adv from 5-17-07 & cant to 5-23-07
8:30am/I. FSC, Summ Judgment mo,
final status conf & trl remain set
L. McKenzie, CSR #5567
PAGE: 44
01/07/10 14:59:05
CAS E HIS TOR Y R E I ~ ~ ) R T
Santa Monica - West Distr:Lct
Civil Division
rr
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEfH ZERNIK
= II
II
\I ==================
CAS E HIS T 0 H Y
Date Activity
05/01/07 Ev"ent Complete
Conference-Post Mediation Status MEMO
Advanced to tt.is date & continued
Adv to 5-1-07 & cont to 5-23-07
8:30am/I
05/01/07 Scheduled Event
Conference-Post Mediation Status
MEMO
Jacqueline A. Connor
OS/23/07 at 8:32 am
SUlTLl1 Judgment Motion: 8-2-07
FSC: 8-30-07 Trl: 9-7-07
05/03/07 Document Filed
Notice
MEMO
Attorney for Plaintiff
OR ORDER GRANTING PLTF'S MOTION
TO COMPLET AND REQUEST FOR SANC­
TIONS.
On Behalf of SAMAAN, NIvn;
Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton
Attorney for Plaintiff
05/03/07 Documen t Fi 1 ed
Notice
MEMO
Attorney for Plaintiff
OF ORDER
On Behalf of SAMAAN, NIVIE
Plaintiff
Filed By
Sheppard, Mullin, Richter & Hampton
Attorney for Plaintiff
05/14/07 Document Filed
Ex-Parte Application
MEMO
Attorney for Plaintiff
PAGE: 45
01/07/10 14:59:05
CAS E HIS TOR Y R E l? 0 R T
Santa Monica - West District
civil Division
=
Case Number: SC087400 NIVIE SAMAllN VS. JOSEPH ZERNIK
CAS E HIS T 0 It Y
Date Activity
for motion to short time for
hearing of motion for reconsider
of pltf's motion to compel and
request for sanctions;
2) motion to ext time to pay sanct
05/14/07 Document F.iled
Opposition
Attorney for Plaintiff
MEMO
TO EX PARTE
05/14/07 Journal Entry
Posted By
$40.00
Zernik, Joseph
Other Pmnt
& Defendant in
05/14/07 Event
Ex-Parte Application
.Jacqueline A. Connor
8:30 am
DEFENDANT'S (J"OSEPH ZERNIK) EX PARTE l\PPLICATIQN FOR
A MOTION TO SHORTEN TIME FOR HEARING OF MOTION FOR
RECONSIDERATION;
The Court reads and considers
Opposition off the record.
the Moving Papers and
Defendant's ex parte application is DENIED.
Counsel for Plaintiff is ordered to give notice.
05/14/07 Event Complete
Ex-Parte Application
Motion Denied
PAGE: 46
01/07/10 14:59:05
II
CAS E HIS TOR Y REP () R T
I
Santa Monica - West DistLlct
Civil Division
Ir
! ,
Case Nu:nber: SC087400 NIVIE SAMAAN vs. JOSEPH ZElRNIK
[l j
r
CAS E HIS TOR Y
Date Activity
--r
05/14/07 Document Filed
Motion for Reconsidera
Defendant, & Defendant
tion
in Pro Per
PURSUANT TO CCP 1008
On Behalf of ZERNIK, JOSEPH !Defendant
Filed By Zernik, Joseph Defendant,
05/17/0"1 Even t
Conference-Post Mediation Status
Jacqueline A. Connor
8:30 am
Adv to 5-1-07 & cont to 5-23-07
8:30am/I
05/18/07 Scheduled Event
Motion for Reconsideration
.Jacqueline A. Connor
07/09/07 at 8:35 am
OS/21/0'7 Document Filed
Notice
Defendant, & Defendant in Pro Per
DEFTS NOTICE OF VACATION PLANS
6-16-07 - 7-2-07
On Behalf of ZERNIK, JOSEPH
JPefendant
Filed By Ze:rnik, Joseph
Oefendant,
OS/22/07 Document F'i.led
Ex-Parte Application
Defendant, & Defendant in Pro Per
FOR AN ORDER CONTINUING THE
DISCOVERY CUTOFF DATE TO THIRTY
DAYS BEFORE THE NEW TRIAL DATE
MEMO
& Defendant in
MEMO
MEMO
& Defendant in
MEMO
PAGE: 47
01/07/10 14:59:05
II
CAS E REP 0 R T
HIS t 0 i Y
San ta Moni cf - West District:
Civif
Division
, :-:-=r
Case Number: SC087400 NIVIE VS. JOSEPH ZERNIK
''"==================: '
- .
Date
CAS E HIS T () R Y
rtiVity
OS/22/07 Document Filed
Opposition
Attorney for Plaintiff
MEMO
TO EX PARTE APPLICATION
OS/22/07 Event
Ex-Parte Application
,Jacqueline A. Connor
8:30 am
DEFENDANT'S (JOSEPH EX. APPLICATION FOR
AND ORDER CONTINUING THE pISCOVERY CUTOFF DATE TO
THIRTY DAYS BEFORE THE NEW TRfAL nATE.
The
the
Court reads
record.
and considers the moving papers off
Defendant's ex parte application to continue the
discovery cutoff date is iDENIED.
Defendant/Moving Party is to give notice.
OS/22/07 Document Filed
Declaration
Defendant, & Defendant Pro Per

DESIGNATION OF EXPERT WITNESSES;
I
OS/22/07 Event Complete
Ex-Parte Application
Motion Denied
OS/22/07 Journal Entry
$40.00
PAGE: 48 01/07/10 14:59:05
II
CAS E REP 0 R T
,
Santa Monic4 - I\fest District
Civil Div:i.sion
-------,1
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
========:== 'I
CAS E HIS TOR Y
Date
Posted By ZERNIK, JOSEPH Defendant
OS/22/07 Document Filed
Report-Status MEMO
Attorney for Plaintiff
POST MEDIATION REPORT
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Attorney for Plaintiff
OS/22/07 Document Filed
Notice M.BMO
Attorney for Plaintiff
OF ORDER
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
OS/23/07 Event
Conference-Post Mediation Stapus !VIEMO
Jacqueline A. Connor
8:32 am
POST MEDIATION STATUS OONFERENCE;
Post Mediation Status cortferelce is held.
represent to the cour/t that Mediation has
been completed and no settlem,ent reached.
Motion for Summary Judgment ils reserved for August 9,
2007. Counsel will file
Counsel for Plaintiff is to give notice.
Summ Judgment Motion: 8-2-07
FSC: 8-30-07 Trl: 9-7-07
PAGE: 49 01/07/10 14:59:05
CAS E HIS T' 0 R Y
Santa - West District
II Civit DitiOn
II Case Number: SC087400 NIVIE SAMPfN VS. ,JOSEPH ZERNIK
1.':::1'
CAS E H I Is TOR Y
Date Aictivity

OS/23/07 Event Complete
Conference-Post Mediation MEMO
Status Conference Held
Summ Judgment Motion:
FSC; 8-30-07 Trl; 9-7-/[J7
OS/23/07 Document Filed
Notice of Ruling MEMO
Defendant, & Defendant in Pro
ON EXPARTE APPLIC TO HAVE MTN
TO EXTEND DISCOVERY CUTOFr
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
OS/25/07
On Behalf
Filed By
Document Filed
Motion for Summary Judgment
Attorney for Plaintiff
of SAMAAN, NIVIE
Sheppard, Mullin, Richter & Hampton
Plaintiff
Attorney for Plaintiff
OS/25/07 Document Filed
Request for Judicial Notice
Attorney for Plaintiff
IvIEMO
IN SUPPORT OF MSJ
On Behalf
Filed By
of SAMAAN, NIVIE
Sheppard, Mullin, Richner Hampton
Plaintiff
Attorney for Plaintiff
OS/25/07 Document Filed
Separate Statement of Unq. fllEMO
Attorney for Plaintiff
IN SUPPORT OF MSJ
PAGE: 50 01/07/10 14:59:05
CAS E HIS '11 0 Ri Y' REP 0 R T
I
Santa MonicCl- - West District
Division
II
II
II
Case Number: SC087400 NIVIE VS.
I
JOSEPH ZERNIK
:===__
Ii
II
1\
CAS E HIS TOR Y
Date
_________________A..LI_cti
On Behalf of
Filed By
SAMAAN, NIVIE
Sheppard, Mullin, Richter & Hampton
Plaintiff
Attorney for Plaintiff
OS/25/07 ,Tournai Entry
On Behalf of
Paid By
$200.00
SAMAAN, NIVIE
Sheppard, Mullin,
Otter Pmnt
Richter & Hampton
Plaintiff
Attorney for Plaintiff
05/30/07 Scheduled Event
Motion for Summary Judgmept
,Jacqueline A. Connor
08/09/07 at 8:35 am
MEMO
2.) MTN FOR LEAVE
06/08/07 Document
Notice
Attorney
Filed
for Plaintiff
Iv:IEMO
NOTICE OF UNAVAILABILITY OF
COUNSEL MOE KESHAVARIZ ATTY
PLTF FROM 6-11-07 - 6-22-07
On Behalf
Filed By
of SAMAAN, NIVIE
Sheppard, Mullin, Richter & Hampton
Plaintiff
Attorney for Plaintiff
06/08/07
On Behalf
Filed By
Document Filed
Motion to Quash
Attorney for Plaintiff
of SAMAAN, NIVIE
Sheppard, Mullin, Richter & Hampton
Plaintiff
Attorney for Plaintiff
06/08/07 Document Filed
Motion to Compel
Attorney for Plaintiff
rlJEMO
DEPOSITION OF DEF JOSEPH
PAGE: 51 01/07/10 14:59:05
CAS E HIS TOR Y :IR E P 0 R T
Santa Monica; - West District
Civil DiJj,sion
,
II ,========. === II
II Case Number: SC087400 NIVIE S ~ VS. JOSEPH ZERNIK II
1.'=1' ======================::!:'= ==============. - II
CAS E
H I IS ~ ~ R Y
Date ]IlctlV:L.ty
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter &IHampton Attorney for Plaintiff
06/08/07 Journal Entry
MEMO
$40.00
Other Pmnt
MTN TO QUASH
On Behalf of SAMAAN, NIVIE Plaintiff
Paid By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
06/08/07 ,Journal En try
MEMO
$40.00
Otlher Pmnt
MTN TO COMPEL DEPO
On Behalf of SAMAAN, NIVIE Plaintiff
Paid By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
06/11/07 Scheduled Even t
Motion to Compel M:EMO
Jacqueline A. Connor
07/12/07 at 8:35 am
DEPO
2.) MTN TO DEEM REQUEST FOR ADMISS
06/18/07 Document Filed
Motion for an Order IvIEMO
Attorney for Plaintiff
TO DEEM REQUEST FOR ADMISSIONS
ADMITTED I
PAGE: 52 01/07/10 14:59:05
CAS E HIS T 0 :R Y Rll:PORT
Santa Monica - West District
C.i viI
Ii ====== == 11
II Case Number: SC087400 NIVIE SAMA1lli VS. JOSEPH ZERNIK II
l!::1'=========================== ---.JI
CAS E H I is TOR Y
Date Activity
._------_._-----­
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter &iHampton Attorney for Plaintiff
06/18/07 Journal Entry
MEMO
$40.00
OUrer Pmnt
MTN TO DEEM ADMISSION
On Behalf of SAMAAN, NIVIE Plaintiff
Paid By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
06/26/07 Document Filed
Motion for Leave
Defendant, & Defendant in Pro Per
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
06/26/07 ,Journal Entry
MEMO
$40.00
Other Pmnt
MTN FOR LEAVE
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
06/26/07 Document Filed
Memo points & authorities NEMO
Defendant, & Defendant in Pro Per
IN OPP TO MTN TO COMPEL
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
06/27/07 Document Filed
Opposition MEMO
Attorney for Plaintiff
PAGE: 53 01/07/10 14:59:05
C A S E H I S T 0 :R Y :R E
p
0 R T
Santa Monicq - West District
Civil Div:is.ion
-'­
It Ii
Case Number: SC087400 NIVIE SAMA!AN VB. JOSEPH ZERNIK
II II
=========----IJ
"
CAS E H I IS TOR Y
Date Activi.ty
TO MTN FOR RECONSIDERATION
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter Cc Hampton Attorney for Plaintiff
06/29/07 Document Filed
Memo points & authorities MEMO
Defendant, & Defendant in Pro Per
IN OPP TO MTN TO QUASH
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
06/29/07 Document Filed
Memo points & authorities MEMO
Defendant, & Defendant in Pro Per
IN OPP TO MTN TO HAVE REQUEST
FOR ADMISSION
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defenda.nt in
06/29/07 Journal Entry
fV[EMO
$56.50
Other Pmnt
MTN TO EXPUNGE LIS PENDENS
On Behalf of ZERNIK, JOSEPH Defendant
Paid By Zernik, Joseph Defendant, & Defendant in
07/02/07 Document Filed
Motion for an Order ~ 1 E M O
Defendant, & Defendant in Pro Per
TO EXPUNGE LIS PENDENS
PAGE: 54 01/07/10 14:59:05
CAS E HIS T 0 :R Y REP 0 R T
Santa M o n i c ~ - West District
civil Div,is:Lon
Ii II
Case Number: SC087400 NIVIE SAMA!AN VS. JOSEPH ZERNIK
1\ II
I' ==== II
CAS E H I ,8 TOR
y
Date Activi.ty
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
07/02/07 Scheduled Event
Motion - Expunge Lis Pendens MEMO
Jacqueline A. Connor
07/23/07 at 8:35 am
2) MTN FOR PROTECTIVE ORDER
07/02/07 Document Filed
Memo points & authorities MEMO
Defendant, & Defendant in Pro Per
IN OPP TO MTN TO QUASH
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
07/02/07 Document Filed
Memo points & authorities MEMO
Defendant, & Defendant in Pro Per
MPA IN OPP TO MTN TO HAVE REQpESTS
FOR ADMISSION DEEMED ADMITTED
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendalllt in
07/02/07 Document Filed
Memo points & authorities f'lIEMO
Defendant, & Defendant in Pro Per
IN OPP TO MTN COMPEL
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
PAGE: 55 01/07/10 14:59:05
CAS E HIS TOR Y REPOR'r
Santa Monica - West District
CiviJ, Division
Ii
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
Ii
II
I'
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CAS E Hl:STORY
Date Activity
---'---_._-- ------ ._-----­
07/02/07 Journal Entry
MEMO
$40.00
Other Pmnt
MTN FOR EXPUNGE LIS
On i3ehalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
07/05/07 Document Filed
Notice MEMO
Attorney for Plaintiff
OF ORDER
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
07/05/07 Document Filed
Response lVlEMO
Attorney for Plaintiff
IN SUPPORT OF MTN TO DEEM REQUEST
FOR ADMISSION
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
07/05/07 Document Filed
Response HEMO
Attorney for Plaintiff
BRIEF IN SUPPORT OF MTN TO
DEPO
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
PAGE: 56 01/07/10 14:59:05
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CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
=========:====
Case Number: SC087400 NIVIE
...========:
SAMAAN VEe>. JOSEPH ZERNIK
====_
II
II
CAS E HIS T (I R Y
Date Activity
07/06/07 Document Filed
ExParte Application
Attorney for Moving Party
l"lEMO
FOR
M/P
PROTECTIVE ORDER
COUNTRYWIDE
07/06/07 ,Journal Entry
$40.00
Other Pmnt
MEMO
FOR PROTECTIVE ORDER
07/06/07 Event
Exparte proceeding
Jacqueline A. Connor
9:00 am
NON-PARTY, COUNTRYWIDE HOME LOANS,
APPLICATION FOR PROTECTIVCE ORDER:
INC, 'S EXPARTE
MEMO
The matter is called for 'hearing.
The Court has read and considered the exparte
application in chambers. Non,-party Countrywide Home
Loans, inc. 's exparte application for a Protective
Order is Denied. Moving party to proceed by a Notice
Motion on July 23, 2007 8:30 am in Department WE-I.
Any opposition is to be in Department We-I, and
served by July 12, 2001;. Any reply is to be filed in
Department WE-I, and by July 7/16/07.
Notice is deemed waived.
FOR PROTECTIVE ORDER - Denied.
Moving party to proceed by Notice
PAGE: 57 01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West D.istrict
Ci vil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E HIS TOR Y
,
Date Activity
Motion on 7/23/07 at 8:30
Dept WE-I. Opposition
and Reply by 7/16/07.
Proceedings not recorded.
am in
7/12/07
07/06/07 Document Filed
Memo points & authorities
Attorney for Defendant
MEMO
IN OPP TO NON PARTY COUNTRYWIDE
EXPARTE APP FOR PROTECTIVE ORDER
On Behalf of
Filed By
SAMAAN, NIVIE
GREEN & MARKER
Plaintiff
Former Attorney for Defen
07/06/07 Document Filed
Declaration
Attorney for Defendant
MEMO
OF G. RICHARD GREEN
On Behalf of
Filed By
SAMAAN, NIVIE
GREEN & MARKER
Plaintiff
Former Attorney for Defen
07/06/07 Event Complete
Exparte proceeding
Denied

FOR PROTECTIVE ORDER - Denied.
Moving party to proceed by Notice
Motion on 7/23/07 at 8:3d am in
Dept WE-I. Opposition by 7/12/07
and Reply by 7/16/07.
Proceedings not recorded.
07/06/07 Document Filed
Substitution of
Atty for Defendant and Clf'0ss-Compl
PAGE: 58 01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R or
Santa Monica - w,est District
civil Div:ls.ion
Ii
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
I'
--..JI
CAS E HIS TOR Y
Date Activity
On Behalf of ZERNIK, JOSEPH Defendant
Filed By GREEN & MARKER Former Attorney for Defen
07/09/07 Event
Motion for Reconsideration
A. Connor
8:30 am
DEFENDANT'S (JOSEPH ZERNICK) MOTION FOR
RECONSIDERATION;
Matter is called for
Both parties telephonically acknowledge receipt of
the Court's tentative and submit on the
tentataive ruling.
Accordingly, the Court adppts Its tentative ruling
as the final order of the Court as follows:
The motion of defendant Joseph Zernik for
reconsideration of this Court's ruling of April 26,
2007 and motion for extending time to pay the court­
ordered sanctions is DENIED. Per Plaintiff's
opposition, which was untimely, it appears that at
least part of the motidn is moot as the inspection
has already gone forwand.
A court acts in excess of jurisdiction when it
grants a motion to recdnsider that is not based upon
"new or different facts, circumstances or law."
Motions for reconsideration are restricted to
circumstances where a party offers the court some
fact or circumstance not previously considered, and
some valid reason for offering it earlier. (Id.,
at p. 1500.) The moving party must present a
satisfactory explanation for failing to provide the
evidence or different faqts earlier. (Garcia v.
Hejmadi (1997) 58 674, 690.) This motion
fails for several reaS0ns:
I
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CAS E HIS TOR Y REP 0 R T
Santa Moni,ca - West District
C.ivil Division
11
II Case Number: SC087400 NIVLE SAMAJ\N VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date , Activ:Lty
First, ZERNIK's declaration offered in support of
the motion is unsigned is made under the laws of
the "United States," not;:- t;.he laws of the State of
California as required lDy Code of Civil Procedures
§2015.5 (see Moving Papers, at p. 17).
Second, the declaration of Thomas 111. Brown is not
executed under the laws of the State of California
(Notice of Errata, Exhibit 2) .
Third, the declaration of Zachary D. Schorr was
submitted in an attempt to authenticate certain
exhibits attached to a notice of filed by
ZERNIK on May 21, 2007. However, Mr. Schorr's
declaration is unintelligJible in that the Exhibits
attached do not comport wa.th the Exhibits or Exhibit
numbers set forth.
Fourth, ZERNIK has completely failed to introduce
new or different facts, c,ircums'tances or law to
support reconsideration of this Court's April 26,
2007 rulings or show why such facts, circumstances
or law were not introduced in opposition to the
motions themselves. Corrtrary to ZE:RNIK's repeated
contentions, the motions to compel were not the
result of an ex parte They were
properly reserved, in March 2007 and 'served
pursuant to the mandates of CCP §1005(b). The Court
further accommodated M:r; Zernik's personal request by
continuing the motion flor additional time. He then
failed to file any oppdsition.
ZERNIK has failed to establislh that any of the bases
of this Court's ruling were fialse or fraudulent. All
other arguments regarding purported additional
"abuses" by plaintiff's counsel of the ex parte
process, unrelated to motions to compel, are
equally unsupported and have no bearing on the
ruling sought to be re<!:onsidered. The Court's ruling
was based on a full constderation of the rights of
all parties. There is simply nothing to show that
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CAS E HIS TOR Y REP I) R T
Santa Monica - West D.istrict
ciViil Division
==:==--,1
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
I' II
CAS E HIS TOR Y
Date Activity
the imposition of monetc;;.rlf sanctions was unjust
under the circumstances, Plaintiff's counsel has
followed substantive legal and procedural
requirements and ZERNIK's objections to the
inspection demand and reqUest.s for production of
documents were not reasonable. The sancticns amounts
awarded - $1,700 and $870 were, in fact, far below
the amounts sought by - $2,220 and $2,490.
The hearsay statements (j)f an uninvolved attorney
regarding the amount of sanctions imposed cannot be
considered.
The motion for and extension of time
to pay sanctions is DENIED.
Counsel for plaintiff is to give notice of this
ruling.
07/09/07 Event Complete
Motion for Reconsideration
Motion Granted
07/10/07 Document Filed
Request for Judicial Notice MEMO
Attorney for Plaintiff
IN SUPPOR '1' OF OPP TO MTN TO
EXPUNGE LIS PENDES
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Ric;hter &. Hampton Attorney for Plaintiff
07/10/07 Document Filed
Objection Document Filed MEMO
Attorney for Plaintiff
TO DECL OF JOSEPH ZERNIK
On Behalf of SAMAAN, NIVIE Plaintiff
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CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civi1 Division
Case Number: SC087400 NIVtE SAMAAN VS. JOSEPH ZERNIK
l!::::=====:==============
CAS E HIS TOR Y
Date Activity
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
07/10/07 Document Filed
Opposition
Attorney for Plaintiff
lVIEMO
TO MTN TO EXPUNGE LIS PENDENS
On Behalf
Filed By
of SAMAAN, NIVIE
Sheppard, Mullin, Richter & Hampton
Plaintiff
Attorney for Plaintiff
07/11/07 Document Filed
Substitution of Attorney
Defendant, & Defendant in Pro Per
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
07/11/07 Document Filed
Motion for an Order MEMO
Attorney for Moving Party
FOR PROTECTIVE ORDER
M/P - COUNTRYWIDE
07/11/07 Journal Entry
MEMO
$40.00
Other Pmnt
MTN FOR PROTECTIVE ORDER
07/12/07 Event
Motion to Compel MEMO
Jacqueline A. Connor
8:30 am
PLAINTIFF (NIVIE S ~ ) MOTIfON TO COMEPL DEPOSITION;
PLAINTIFF (NIVIE SAMAAN) MOTION TO DEEM REQUEST FOR
ADMISSION ADMITTED:
PAGE: 62 01/07/10 14:59:05
CAS E HIST.ORY REP 0 R T
Santa Moni.ca - West District
Civil Divis.ion
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
I
CAS E HIS TOR Y
Date Activity
Matters are called for
Counsel acknowledge of the Court's
tentataive ruling and the submit on the tentative.
Counsel represent the depq:lsition of Joseph Zernik
will be completed on July 20, 2007 at 10:00 a.m. at
the Plaintiff's Law located at 333 South
Hope Street, Los Angeles.
Accordingly, the Court adopts Its tentative ruling
as the final order of the Court as follows:
The parties are ordered to meet and confer to select
a mutually agreeable dalte before J·uly 20, 2007. The
date selected may only be changed or altered by
Court order. The of plaintiff Nivie Samaan to
compel the deposition of Joseph Zernik is off
calendar as MOOT. The request for monetary sanctions
is DENIED.
The motion of plaintiff Nivie Samaan to deem
Requests for Admissionaqmitted is DENIED. Any
request for monetary sanotions is DENIED.
The original trial date :Ln this case was July 13,
2007 and was continued twice to August 10, 2007 and
then to September 7, 2007. The Court orders did not
include a continuance of the discovery and motion
cut-off dates. However, in light of Dr. Zernik's own
conduct resulting in of his deposition, the
Court finds that he is estopped from relying on the
cut-off dates to oppose these motions. (Sears,
Roebuck & Co. v. Natiorh.al Union Fire Im;. Co. of
Pittsburgh (2005) 131 Cal.App.4th 1342, 1351;
Cuadros v. Superior CO"4lrt (1992) 6 Cal.App.4th 671,
675.) An abuse of discretj:ion standard applies to
this issue and, under the substantial evidence
rules, the Court resolves all evidentiary conflicts
PAGE: 63 01/07/10 14:59:05
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CAS E HISTORY REP () R T
Santa Monica - West DJ:strict
civil D:ivision
Ii
" Case Number: SC087400
NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E HIS TOR Y
Date Activity
in plaintiff's favor. (]d.) Therefore, the argument
that these motions were in violation of the
discovery and motion cut-off dates is rejected.
Starting with a date on February 14, 2007, Dr.
Zernik I s deposition was canceled aI.d rescheduled
several times for several reasons, including giving
Dr. Zernik additional time to retain new counsel, a
schedule conflict for Mr. Keshavar:z:i, Mr.
Keshavarzi I s illness, etc. At no time a
deposition set to go forward 0 a particular date
with Dr. Zernik simply :j:ailing to appear. The
parties are simply at an impasse in selecting a
mutually agreeable date for the deposition. The
Court orders that the meet and confer to
select a mutually agreeable date before ,July 20,
2007. The date selected can only be changed or
altered by Court order and the motion to compel the
deposition of Joseph Zernik will be taken off
calendar as MOOT. Any request for monetary sanctions
is denied in any event due to the circumstances on
both sides that delayed or altered the previously
selected deposition dates.
Regarding the motion to Deem Reque:5ts for Admission
.A.dmi t ted, Dr. Zernik 's ·argument that he was not
properly served with the RFAs fails in light of the
fact that he did, in fact, receive the documents and
failed to seek a Court 'order quashing service of the
requests. By failing to timely respond to the
requests, Dr. Zernik has waived all objections to
the requests. (Code of Civil Procedures
§2033.280(a).) Two proofs of service were attached
to the RFAs, showing that they were served
personally and by mail on May 14, 2007. The last
proof of service showed service by mail. Dr. Zernik
states that he mistakenly relied on the mailed
service in determining the deadline for the
responses, which would have been June 18, 2007, the
date the first were served. Under the
circumstances, the Court finds that this constitutes
PAGE: 64 01/07/10 14:59:05
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CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
Ii
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CAS E HIS TOR Y
Date Activity
a "mistake" for purposes of granting relief from
waiver.
Regarding the question whether Dr. Zernik has served
a response in substantial compliance with Code of
Civil Procedures §2033.24b, pursuant to Code of
Civil Procedures §2033.;24b, responses shall be as
complete and straightforward as possible as the
information reasonably available to the responding
party permits and must contain an admission, denial
or statement claiming an !inability to admit or deny.
The Court finds that Zernik's amended responses,
while not ideal, are in substantial compliance with
these requirements. If pli:l-intiff believes that the
responses are deficient, phe may move for an order
compelling a further response.
The motion to deem the RFfI,s admitted is DENIED.
Requests for monetary sanctions are denied because
if a request for sanctions is incl ded in a
discovery motion, the notice of motion must contain
a request for sanctions and must name all parties
and attorneys against whom sanctions are being
sought, specify the type of sanction sought, and
cite the authority for such sanctions. (Code of
Civil Procedures §2023.040.) The notice of motion
here does not mention monetary sanctions.
Counsel for Defendant is ordered to given notice of
the Court's ruling.
Defendant files an pursuant to Code of
Civil Procedures Section 170.3 in open Court.
OFF THE RECORD IN CHAMBERS:
The Court reads and the affidavit filed
this date.
ON THE RECORD:
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CAS E HIS TOR Y REP 0 R T
Santa Monica _. West
CivJil Division
Ii ============.- === -,1
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK II
======================== ==.=dl
CAS E ;H I TOR Y
Date Activity
The Court finds the pursuant to 170.3 of
the Code of Civil Procedures filed ·this date, is
incorrect and announces it will be ruled upon as an
Affidavit pursuant to 170.6 of the Code of Civil
Procedures and is DENIED as untimely.
The Court's order is as follows:
Defendant Joseph Zernik 4as filed a pleading as
opposition to a motion with purports to include a
statement of disqualification for cause pursuant to
Code of Civil Procedure section 170.3, contending
that the assigned judge i$ biased. The pleading
may also be intended as a peremptory challenge
pursuant to Code of Civil Procedure section 170.6.
To the extent that the pleading is intended as a
peremptory challenge pursuant to Code of Civil
Procedure section 170.6, it is untimely as this
matter is assigned to the undersigned for all
purposes, and the motion was not filed within
fifteen days of the appearance as
mandated by that section f3,nd Local Rule 7.5(a) The
motion is also not in a sufficient or proper form.
To the extent the pleading is intended as a
statement of disqualification for cause, it is
difficult to discern what the contentions are that
form the basis for disqualification for cause. The
rambling pleading complains primarily of acts of
others than the judge. As best as can be discerned,
disqualification is sought on the basis of
defendant's opinion and disagreement with the
court's rulings. The pleading is also in improper
form, as such a should be separate and not
included within pleading. McCaratney v.
Superior Court (1990) 223 Ca1.app.3d 1334, 1340.
In any event, the pleacling demonstrates on its face
no legal grounds for disqualification. It is
stricken pursuant to Code of Civil Procedure section
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CAS E HIS TOR Y REP 0 R T
Santa Monica - West Distr.ict
civil Divis.ion
rr======:
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
l!:: _
CAS E HIS'rORY
Date Activity
170.4, subdivision (b).
Code of Civil Procedure section 170.3 (e) (1) reqiUires
that the disqualification statement set forth "the
facts constituting the grounds" for disqualification
of the judge. !'Iere conclusions of the pleader are
insufficient. In re Morelli (1970) 11 Cal.App.3d
819, 843; Urias v. Harris Farms, Inc. (1991) 234
Cal.App.3d 415, 426.
The statement of disqualification cannot be based
upon infoI'mation and belief, hearsay, or other
inadmissible evidence. See United Farm Workers of
America, AFL-CIO v. Superior COL,rt (1985) 170
Cal.App.3d 97, note 6 at 106 (disqualification
cannot be based upon hearsay or other inadmissible
evidence). Cf., Anastos v. Lee (2004) 118
Cal.App.4th 1314, 1319 (declarations in of a
Code of Civil P:rocedu:re section 473 motion mustt
include proper foundation, i.e., personal
knowledge. )
A party's belief as to a Judge's bias and
is irrelevant and not controlling in a motion to
disqualify for cause, as the test applied is aA
objective one. United Farm Workers of America t.
Superior Court (1985) 170 Cal.App.3d 97, 104;
Stanford University v. Superior Court
Cal.App.3d 403, 408 ( "the litigants'
part:isan do not provide the applicable frame
of reference."
Rulings and findings do not constitute a valid basis
for disqualification. As stated by the Califorpia
Supreme Court in People v. Guerra (2006) l7 Cal. 4th
1067, 1112, "a trial court's numerous rulings
against a party--even when erroneous--do not
establish a charge of judicial bias, espec;ially Iwhen
they are subj eet to review." '
Conclusion
PAGE: 67 01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
n II
II Case Number: SC087400 NIVIE SAMAAN VS .•JOSEPH ZERNIK II
I' 'If I
CAS E H J: S TOR Y
Date Activity
To the extent the pleading is intended as a motion
pursuant to Code of Civil Procedure section 170.6,
it: is denied as untimely and not in proper form. To
the extent the pleading is intended as a verified
statement of disqualification pursuant to Code of
Civil Procedure section 170.3, it is stricken
pursuant to Cod.e of Civil Procedure section 170.4,
subdivision (b) on the grounds that it demonstrates
on its face no legal grounds for disqualification.
The parties are reminded that this de:termination of
the question of the disqualification is not an
appealable order and may be reviewed only by a) writ
0= mandate from the Court of Appeal sought within 10
days of notice to the parties of the decision. In
the event that a timely writ is sought and an
appellate court determines that an answer should
have been timely filed, such an answer is
herewith. See PBA, LLC v. KPOD, LTD (2003)
Cal.App.4th 96S, 972; accord, Fine v. Superior
Court(2002) 97 Cal.App.4th 651, fn. 3 at 658.
GOOD CAUSE APPEARING THEREFORE, It is so ordered.
Date: JULY 12, 2007
Hon. J'acqueline A. Cdnnor
Judge of the Superion Court
Verified of Jacqueline A. Connor
I, Jacquel ine 1\. Connor, declare:
1. I am a Judge of the Superior Court and as
such have been assigned to preside over this qase.
2. I am not prejudiced or biased againdt or
in favor of any party to this proceeding or tijeir
counsel.
3. All rulings made by me in this actiqn have
been based upon facts and arguments officially,
presented to me and upon my understanding of tihe
PAGE: 68
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CAS E HIS TOR Y REP 0 R T
Santa Monica - West Distr.ict
Civil Division
If
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
It
CAS E HIS TOR Y
Date Activity
law. My statements and rulings are set forth in the
records and the files herein, which are the best
evidence hereof. To the extent the moving partY,'s
statement of those rulings and statements are
inconsistent therewith, they are denied.
4. All statements made by me and all actions
taken by me in this proceeding have been done in
furtherance of what I believe were my judicia]
duties.
5. I knDw of no facts or circumstances which
would require my disqualification or recusal in this
I
case.
I declare under penalty of perjury that the
foregoing is true and correct and of my own personal
knowledge, except as to those matters stated to be
on my information and belief, and as to those
matters, I believe them to be true. Executed this
12th day of July, 2007, at SANTA MONICA, Cali:f;ornia.
Jacqueline A. Cannor
ThE: original Order and verified Answer as stated
above is signed and filed this date.
A conformed copy of the order DenyinSJ Peremptary
Challenge and Striking Statment of Disqualifid:ation
and Verified fuJswer of Jacqueline A. Connor a ~ e
mailed this date via U.S. MAIL to the Defendant.:
JOSEPH ZERNIK addressed as follows:
JOSEPH ZERNIK, DMD,PhD
DEFENDANT INPROPRIA PERSONA
320 SOUTH PECK DRIVE
BEVERLY HILLS, CALIFORNIA 90212
DEPOSITION
2) MOTION TO DEEM REQUEST FOR
ADMISSION ADMITTED
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01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R or
Santa Monica - west Distr.ict
civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E HIS TOR Y
Date Activity
MTN TO QUASH O/C PER M/P ON 6-26
07/12/07 E V E ~ t Complete
Motion to Compel
Motion Denied
MEMO
DEPOSITION
2) MOTION TO DEEM REQUEST FOR
ADMISSION ADMITTED
MTN TO QUASH O/C PER M/P ON 6·-26
07/12/07 Document F'iled
Affidavit of Prejudice
Defendant, & Defendant
- Premptory
in Pro Per
MEMO
PUR TO CCP
JACQUELINE
170.3 AS TO
A. CONNOR
JUDGE
07/12/07 Document
Order
Court
Filed
MEMO
DENYING PEREMPTORY CHALLENGE AND
STRIKING STATEMENT OF
DISQUALIFICATION AND VERIFIED
ANSWER IS SIGNED BY: JACQUELINE A.
CONNOR, JUDGE
07/16/07 Document
Response
Attorney
Filed
for Moving Party
MEMO
TO OPP TO MTN ~ O R
M/P COUNTRYWIDE
PROTECTIVE ORDER
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01/07/10 14:59:05
CAS E HIS TOR y REP 0 R or
Santa Monica - West District
Civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E HISTO};,Y
Date Activity
07/16/07 Document Filed
Objection Document Filed MEMO
Defendant, & Defendant in Pro Per
TO DECr, BY PLNTF
On Behalf of ZERNIK, JOSEPH DefEjndant
Filed By Zernik, Joseph & Defendant in
07/16/07 Document Filed
Response MEMO
Defendant, & Defendant in Pro Per
TO MEMO OF POINTS AND SUTHORITIES
IN MTN TO EXPUNGE LIS PENDENS
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
07/17/07 Journal Entry
$40.00
Other Pmnt:
On Behalf of SAMAAN, NIVIE Plaintiff
Paid By Sheppard, Mullin, Richter & Eampton Attorney for Plaintiff
07/18/07 Document Filed
Response
MEMO
Attorney for Plaintiff
S"JR REPLY TO MTN TO EXPUNGE LIS
PEKDENS
On Behalf of SAMAAN, NIVIE
Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
07/19/07 Document Filed
Notice
MEMO
Attorney for Plaintiff
PAGE: 71
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
8anta Monica - West District
Civil Division
Case Number: SC087400 NIVIE SAMAAN VB. JOSEPH
CAS E HIS TOR Y
Date Activity
OF ORDER
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton AttQrney for Plaintiff
07/23/07 Event
Motion - Expunge Lis Pendens MEMO
Jacqueline A. Connor
B:30 am
DEFENDANT (JOSEPH ZERNIK) MOTION TO EXPUNGE LIS
PEl,mENS;
MOVING PARTY (COUNTRYWIDE) MOTION FOR PROTECTIVE
ORDER;
Matter is called for hearing.
All parties acknowledge receipt of the Court's
tentative ruling and submit on the tentative lfuling.
The motion. of defendant Joseph Zernik to expunge lis
pendens is DENIED. Defendant has failed to
establish that the Court's previous ruling on
November 9, 2006 was based on fraudulent or fqlse
evidence presented by plaintiff. Defendant also
failed to show that the lis pendens was not p:z;operly
served. Counsel for plaintiff is ordered to
notice of this ruling.
The motion of non-party Countrywide Home Loans for a
protective order is GRANTED. Defenda.nt Joseph
Zer:nik is directed to communicate solely with
Countrywide's designated counsel, Todd A. Boock, and
no other officers or employees regarding the
action. The proposed order is signed and effJctive
as of this date. Counsel for Countrywide is
to give notice of this ruling.
In this ca.se, defendant moves to expunge the :].is
pendens arguing that plaintiff cannot establish the
PAGE: 72
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
Date
PAGE: 73
CAS E HIS TOR Y
Activity
probable validity of her claims. ZEPBIK asserts
that plaintiff failed to timely remove the appraisal
contingency which gave him the right to cancel the
escrow. He further argues that plaintiff's
opposition to the prior motion to expunge was based
on fraudulent arguments and documents. However, the
declarations and evidence provided by plaintiff
continue to raise a question as to whether ZEI\NIK
had submitted a fully executed copy of the
Agreement to Mara Escrow as of October 22, 20d4.
The documents submitted by defendant simply do not
establish that plaintiff has engaged in any fraud or
failed to properly serve the lis pendens on him.
Again, the:r-e are too many factual issues that cannot
be decided here, including whether SAMAAN was
aready, willinq and ableo to proceed with the
purchase of the property. Therefore, the motion to
expunge lis pendens is DENIED.
COUNTRYWIDE seeks a narrowly tailored protective
oro.er requiring that ZERNIK direct aJ.l future
communications to COUNTRYWIDE's desi9nated counsel
ane. precluding him from directly phoning, e-mailing
or otherwise contacting its represented officers and
e'11ployees. First, the motion is properly
by the declarations of in-house counsel Todd A.
Boock and attorney of record John W. Amberg, which
set forth first-hand experiences with and actions
taken in response to ZERNIK's conduct towards
COUNTRYWIDE. Second, the Court finds that
COUNTRYWIDE has shown "good cause" for the
protective order sought. ZERNIK has failed to
establish the validity of his communications with
officers and employees. If
has failed to comply with a discovery
obligation, ZERNIK's recourse is to file a discovery
motion with the Court. Any assertion that
COUNTRYWIDE is somehow involved in wrongdoing is not
supported by anything other than hearsay and
conjecture. Moreover, since ZERNIK is representing
himself in this action, his assertion that
01/07/10 14:59:05
CAS E HIS TOR Y REP () R T
Santa Monica -­ West District:
ci vil Di visi on
If
II
[I
Case Number: SC087400 NIVIE SAMAA.1\J VS. JOSEPH ZEj.lliIK
;
CAS E HIS TOR Y
Date Activity
COUNTRYWIDE is improperly applying attorney
standards to him is not well taken. A litigant
appearing in propria persona is generally held to
the same restrictive rules and procedures as a;n
attorney. the rules of civil procedure must appJy
equally to parties represented by counsel and those
~ m forgo attorney representation; such a party is
to be treated like any other party and is entitled
to the same, but no greater consideration than other
litigants and attorneys. (Rappleyea v. Campbell
(1994) 8 Cal.4th 975, 984-985; see Barton v. New
United Motor Mfg. (1996) 43 Cal.App.4th 1200, 1210.)
COUNTRYWIDE has a right to be protected from
unwarranted annoyance, embarrassment or oppression.
Since the protective order sought simply directs
ZERNIK to communicate with COUNTRYWIDE's designated
counsel, there is nothing to show any infringement
on ZERNIK's free speech or other rights.
Defendant requests for ruling
Objections.
on Evidentry
The Court decli.nes to rule on the Evidentry
Objections. The Court finds the Evidentry
Objections are not properly filed pur-suan to Rules
of Court 3.13.54.
Counsel for Plaintiff is ordered to 9ive notice.
2) M/P COUNTRYWIDE/MOTION
PROTECTIVE ORDER
FOR
07/23/07 Event Complete
Motion - Expunge
Motion Denied
Lis Pendens
MEMO
2) M/P COUNTRYWIDE/MOTION
PROTECTIVE ORDER
FOR
PAGE: 74
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CAS E HIS T 0 :R Y REP 0 R T
Santa Monica - West District
Civil Division
fr
II
II
Case Number: NIVIE VS. JOSEPH 8C087400
===================

CAS E HIS T () R Y
Date Activity
07/24/07 Document Filed
Ex-Parte Application
Attorney for Plaintiff
MEMO
FOR AN ORDER APPOINTING A DISC
REFEREE DURING THE DEPOSITION OF
DEFENDANT
07/24/07 Journal Entry
On Behalf
Posted By
of
$40.00
SAMAAN, NIVIE
Sheppard, Mullin,
Other Pmnt:
Richter & Hampton
Plaintiff
!
Attorney for Plaintiff
07/24/07 Even t
Ex-Parte Application
Jacqueli.ne A. Connor
8:30 am
PLAINTIFF I S (NIVIE SAMAAN) EX PARTE l'.PPLICATION FOR
AN ORDER APPOINTING A DISCOVERY REFEREE DURINq 'I;HE
DEPOSITION OF DEFENDANT JOSEPH ZERNIK; OR IN
ALTERNATIVE, FOR AN ORDER SHORTENING TIME ON
PLAINTIFF'S MOTION;
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLICATJiON
COrv:PELLING SANCTIONS PRODUCTION OF DOCUMENTS AND
SETTING SANCTIONS;
FOR
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE TO
LE1I.VE TO AMENDj ALTERNATIVELY FOR SHORTENED NOTICE
PRIOR TO AUGUST 9, 2007;
The Court reads and
oppositions off the
considers
record.
the moving and
Plaintiff's ex parte application to appoint a
discovery referee during the deposition of Defendant
PAGE: 75
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R 'l;'
Santa Monica - West District
civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE;RNIK
CAS E HIS T 0 Fl Y
Date Activity
Joseph Zernik is GRANTED.
Both parties are ordered to provide the Court with
a list of three Referee names for the Court tq select
one, if the parties cannot Stipulate to a R e f ~ r e e .
The List of Referee names is to be fi.led not later
than the close of business today.
Defendant's ex parte application for leave to amend
i:3 DENIED.
Defendant's ex parte application for sanctions is
DENIEC.
Notice is waived.
07/24/0'7 Document Filed
Ex-Parte Application
Defendant, & Defendant in Pro Per
07/24/07 Document Filed
Opposition
Attorney for Objector
07/24/07 Document Filed
Opposition
MEMO
Attorney for Plaintiff
TO DEFT'S EX PARTE APPL
07/24/07 Dqcwnent Filed
EX-Parte Application
Plaintiff & Plaintiff In Pro Per
07/24/07 Event Complete
Ex-Parte Application
Motion Granted in Part
PAGE: 76
01/07/10 14:59:05
CAS E HIS TOR Y REP () R 'l,'
Santa Monica - West District
Civil. Division
II
II
It
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E HIS TOR Y
Date Activity
07/24/07 Document Filed
Notice of Ruling
Attorney for Intervenor
07/24/07 Document Filed
Opposition
Real Parties in Interest
MEMO
( BY COUNTRYWIDE HOME LOANS)
07/24/07 Document Filed
Opposition
Attorney for Plaintiff
MEMO
TO DEFT'S EX PARTE APPL TO MOVE
TaE HEARING DATE FOR MOTION FOR
LEAVE TO AMEND THE COMPLAINT
07/25/07
On Behalf
Filed By
Document Filed
Notice
Defendant, & Defendant
of ZERNIK, JOSEPH
Zernik, Joseph
in Pro Per

& Defendant in
07/25/07 Document Filed
Notice
Defendant, & Defendant in Pro Per
MEMO
OF ZERNIK I S PROPOSED
DISCOVERY REFEREES FOR DEPO
On Behalf of
Filed By
ZERNIK,
Zernik,
JOSEPH
Joseph

Defendant, & Defendant in
07/26/07 Document Filed
Opposition
Defendant, & Defendant in Pro Per
MEMO
PAGE: 77
01/07/10 14:59:05
CAS E HIS TOR Y REP () R T
Santa Monica - West District:
Civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E HIS TOR Y
Date Activity
TO IvJSJ
On Behalf of ZERNIK, JOSEPH Defepdant
Filed By ZernLk:, Joseph Defepdant, & Defendant In
07/26/07 Document Fj.led
Separate Statement of Undo Facts MEMO
Defendant, & Defendant in Pro Per
IN SUPPORT OF OPP TO MSJ
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
07/26/0"] Document Fi.led
Objection Document Filed MEMO
Defenda.nt, & Defendant in Pro Per
TO EVIDENCE SUBMITTED IN SUPPORT
OF MSJ
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
07/26/07 Document Filed
Declaration
MEMO
Defendant, & Defendant in Pro Per
IN SUPPORT OF OPP TO MSJ
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
07/27/07 Document Filed
Opposition
Attorney for Defendant
07/27/07 Journal Entry
$40.00
Other Pmnt
PAGE: 713
01/07/10 14:59:05
CAS E HIS TOR Y REP () R T
Santa Monica - West District:
civil Division
Case Number: SC08'7400 NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E HIS TOR Y
Date Activity
Posted By Zernik, Joseph Defendant, & Defendant in
07/27/07 Document Filed
Ex-Parte Application
Plaintiff & Plaintiff In Pro Per
07/27/07 Document Filed
Ex-Parte MEMO
Attorney for Defendant
by Non-Party, Victor Paraty
07/27/07 Event
Ex-Parte Application
Jacqueline A. Connor
8:30 am
DEFENDANT'S (JOSEPH ZERNICK) EX PARTE APPLICAT;I:ON
REQUESTING SHORTENTED NOTICE HEARING OF MOTION
PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 128.7
PRIOR TO CURRENT HEARING DATE OF PLATIFF'S MOT;rON
FOR SUMMARY JUDGMENT;
NON-PARTY (VICTOR PARKS) EX PARTE APPLICATION FOR
ORDER TO SHOW CAUSE RE COMPENSATORY AND PUNITIVE
SANCTIONS AGAINST DEFENDANT ZERNIK FOR ABUSE OF
THE EX PROCESS;
The Court reads and considers the moving paper$; and
opposition off the record.
Non-Party, Victor Parks' ex parte application is
DENIED WITHOUT PREJJDICE. The Court finds the moving
paper is inappropriate as and ex parte application
and should be a noticed motion.
Defendant, Joseph Zernik's motion is DENIED. The
Court finds the Objections were not in
with California Rules of Court 3.1.54(c).
the Court did not rule on them.
PAGE: 79
01/07/10 14:59:05
CAS E HIS T a H Y REP 0 R '11
Santa Monica - West District
Civil Division
Ii
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date Activity
Moving parties are odered to give notice.
07/27/07 Event Complete
Ex-Parte Application
Motion Denied
07/27/07 Document Filed
Miscellaneous-Other MEMO
Attorney for Plaintiff
PI:"NTF LIST OF EEFEREES TO PRESIDE
OVER THE DEPOSITION OF JOSEPH
ZERNICK
On Behalf of SAMAAN, NIVIE
P l a ~ n t i f f
Filed By Sheppard, Mullin, Richter & Hampton Attdrney for Plaintiff
07/27/07 Document Filed
Ex-Parte Application
MEMO
Defendant, & Defendant in Pro Per
TO SHORTEN TIME FOR NOTICE OF
HEARING ON MOTION PUR TO 128.7 CCP
07/27/07 Document Filed
Opposition
Attorney for Plaintiff
07/27/07 Journal. Entry
MEMO
$40.00
Other Pmnt
POST BY JOSEPH BAKSHANDAEH, ESQ
FOR NON PARTY - VICTOR PARKS
PAGE: 80
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK II
fr
I' 'I
CAS E HISTOFtY
Date Activity
07/27/07 Event
Non-Appearance (Case Review)
Jacqueline A. Connor
8:30 am
NON APPEARANCE CASE REVIEW;
The Court is in reciept of proposed potential
discovery referee list, for deposition.
Accordingly, the Court apppoints Judge, GREGORY
O'BRIEN as discovery referee for the Depositidn.,
It is so ordered.
Dated: July 27, 2007.
Jacqueline A. Cortnor
.:rudge of the Superiolt Court
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDEH
I, the below named Executive Officer/Clerk of the
above-entitled court, do hereby certify that j am not
a party to the cause herein, and that this date I
served Notice of Entry of the above minute or4er of
7-27-07 upon each party or counsel named below by
deposit.ing in the United States mail at the courthouse
in SANTA MONICA, California, one copy of the
original entered herein in a separate sealed envelope
for each, addressed as shown below with the posiage
thereon fully prepaid.
MOE KESHAVARZI
SHEPPARD, MULLIS RICHTER & HAMPTON, LLP
333 SOUTH SOUTH HOPE STREET, 48TH FLOOR
LOS ANGELES, CALIFORNIA 90071-1448
PAGE: 81
01/07/10 14:59:05
CAS E HIS TOR Y Rl:i:PORT
Santa Monica - West District
Ci vil Division
[I
II
I'
Case Numbe:r: SCOB7400 NIVIE SAMAAN
_
VS. ;roSEPH ZERNIK
II
II
II
CAS E HIS TOR Y
Date Activity
JOSEPH ZERNIK
INPHOPRIA PERSONA
320 S. PECK AVENUE
BEVERLY HILLS, CALIFORNIA 90212
Date: 27, 2007
.John A. Clarke, Executive Officer/Clerk
By:
V. JAIME
07/27/07 Event Complete
Non-Appearance
Completed
(Case Review)
07/27/07 Document Filed
Opposition
Attorney for Intervenor
MEMO
TO MTN FOR LEAVE
Filed By Cave, Bryan Atto+ney for Intervenor
07/27/07 Document Filed
Opposition
Attorney for Plaintiff
MEMO
TO MTN FOFt LEAVE TO AMEND
On Behalf
Filed By
of SllMAAN, NIVIE
Sheppard, Mullin, Richter & Hampton
Plaintiff
Attorney for Plaintiff
07/27/07 Document Filed
Ex-Parte Application
Plaintiff & Plaintiff In Pro Per
08/01/07 Document Filed
Opposition
Attorney for Plaintiff
MEMO
PAGE: 82
14:59:05
CAS E HIS TOR Y REP 0 R ~
Santa Monica - West District
Civil Division
II
II
II
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
!
CAS E HIS TOR Y
Date Activity
TO DEFT'S EX PARTE
08/01/07 Document Filed
Opposition
Attorney for Intervenor
MEMO
FOR. COUNTRYWIDE HOME LOANS
08/01/07 Document Filed
Ex-Parte Application
Defendant, & Defendant in Pro Per
08/01/07 Event
Exparte proceeding
John L. Segal
8: 30 am
DEFENDANT/CROSS-COMPLAINANT,JOSEPH ZERNIK'S EX PARTE
APPLICATION FOR HEARING ON A MOTION TO CONTINUE THE
HEARING ON PLAINTIFF'S MOTION FOR SID1MARY JUDGMENT OR
IN THE ALTERNATIVE, FOR A SHORTENED NOTICE HEARING ON
A MOTION TO CONTINUE THE HEARINGS SCHEDULED FOR
8/9/2007:
Matter is called @ 0900 AM.
Defendant and moving party is IJATE.
The above-captioned
to 8/2/2007 at 0830
ex
AM
parte application is continued
in Department West--O.
Defendant/Cross-Complainant, J'OSEPH
to give notice.
ZERNIK is ordered
Parties stipulate that notice may be made
this instance only.
by FA4 for
08/01/07 Event Complete
Exparte proceeding
PAGE: 83
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
Case NUlnber: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
;
II
IJ
CAS E HIS T 0 F. Y
Date Activity
Continued by Court
08/0l/07 Scheduled Event
Exparte proceeding
John L. Segal
08/02/07 at 8:30 am
08/02/07 Event
Exparte proceeding
John L. Segal
8:30 am
DEFENDANT/CROSS-COMPLAINANT.JOSEPH ZERNIK'S EX PARTE
APPLICATION FOR HEARING ON A MOTION TO CONTINUE THE
H E ~ R I N G ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
OR,IN THE ALTERNATIVE, FOR A SHORTENED NOTICE HEARING
ON A MOTION TO CONTINUE THE HEARINGS SCHEDULED FOR
8/9/2007:
Matter is called.
After discussions between court and respective parties
the court takes the matter under submission.
Later ... in the above matter heretofore submitted,
defendant's above-captioned Ex Parte Application is
DENIED.
Clerk to give notice.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of the
above-·entitled court, do hereby certify that i am not
a party to the cause herein, and that this date I
served Notice of Entry of the above minute order of
8/2/2007 upon each party or counsel named below by
depositing in the United States mail at the cou:rrthouse
in Santa Monica, California, one copy of the
original entered herein in a separate sealed envelope
for each, addressed as shown below with the pQstrage
PAGE: 84
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Didsion
Ii
II Case Number: SC087400 NIVIE SAMAAN VS. J'OSEPH ZER,NIK
U I II
CAS E HIS TOR Y
Date Activity
thereon fully prepaid.
Date: 8/2/2007
John A. Clarke, Executive Officer/Clerk
By:
Manny Mabunga
JENNIFER JORDAN,ESQ.
Sheppard Mullin
333 South Hope Street, 48th Floor
Los AnS'eles, Ca 90071-1448
JOSEPH ZERNIK
230 S.Peck Avenue
Beverly Hills, Ca 91212
,:rE:WA MOLDAWSKY, ESQ.
Brya.n Cave,LLP
120 Broadway,Suite 300
Santa Monica, Ca 90401-2386
08/02/07 Document Filed
Ex-Parte Application
Defendant and Cross-Complainant
08/02/07 Document Filed
Objection Document Filed
Defendant and Cross-Complainant
MEMO
EVIDENTIARY OBJECTIONS
08/02/07 Bvent Complete
Expa.rte proceeding
Completed
PAGE: 85
01/07/10 14:59:05
CAS E HIS TOR. Y REP 0 R T
Santa Monica - West District
civil Division
II
II
II
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
II
JI
CAS E HIS TOR Y
Date Activity
08/03/07 Document Filed
Opposition
Attorney for Plaintiff
MEMO
TO EX PARTE
08/03/07 Document F.iled
Miscellaneous-Other
Attorney for Plaintiff
MEMO
REPLY BRIEF IN SUPPORT OF HER
MOTION FOR SUMMARY JUDGMENT.
On Behalf of
Filed By
SAMAAN, NIVIE
Sheppard, Mullin, Richter & Hampton
Plaintiff
Attqrney for Plaintiff
08/03/07 Documen t F.i 1ed
Objection Document Filed
Attorney for Plaintiff
MEMO
PLAINTIFF'S EVIDENTIARY OBJECTIONS
TO THE DECLARATION OF JOSEPH
ZERNIK.
On Behalf of
Filed By
SAMAAN, NIVIE
Sheppard, Mullin, Richter & Hampton
Plaintiff
Attdrney for Plaintiff
08/03/07 Documen t F.i 1ed
Response
Attorney for Plaintiff
MEMO
PLAINTIFF RESPONSE TO DEFENDANT
ADDITIONAL MATERIALLY DISPUTED
FACTS OFFERED IN SUPPORT OF HIS
OPPOSITION TO PLAINTIFF'S MOTION
FOR JUDGMENT.
PAGE: 86
01/07/10 14:59:05
CAS E HIS TOR Y REPORT,
Santa Monica - West District
Civil Division
rr
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
It IJ
CAS E HIS TOR. Y
Date Activity
On Behalf of SAMAAN, NIVIE Plaint,iff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
08/03/07 Document Filed
Miscellaneous-Other MEMO
Attorney for Defendant
DEFENDANT .JOSEPH ZERNIK' S
REPLY MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
MOTION FOR LEAVE TO AMEND.
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defdndant, & Defendant in
08/09/07 Event I
Motion for Summary Judgment MEMO
Jacqueline A. Connor I
8:30 am
PIJAINTIFF (NIVIE SAMAAN) MOTION FOR SUMMARY
JUDGMENT;
DEFENDANT'S (JOSEPH ZERNIK) MOTION TO LEAVE Tq FILE
COMPLAINT
Matters are called for hearing.
All parties acknowledge receipt of the
tentative ruling and the matter is argued.
The Court announces Its ruling as to Evidentr}f
Objections as follows:
Plaintiff's Evidentry Objections are
except 3,6,8,10, 18, 23, 31, 32, 40, 44, 46, 49 and
50 are OVERRULED.
Defendant's Evidentry Objections are OVERRULED
except for 7, 31 (pg 30) and 35 (pg 31) are
SUSTAINED.
PAGE: 87
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
civil Division
Ir II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK II
l ~ II
CAS E HIS TOR Y
Date Activity
After argument, the Court adopts Its tentative
ruling as the final order of the Court as follows:
The motion of plaintiff Nivie Samaan for summary
judgment is GRANTED. The motion of defendant Joseph
Zernik for leave to file a First Amended Cross­
Complaint is DENIED. Counsel for plaintiff is
ordered to ~ j i ve notice of these rulings.
The Court finds that plaintiff has met her summary
judgment burden by proving each element of her claim
for specific performance, entitling her to judgment
on that cause of action. Defendant has failed to
respond with specific facts, supported by properly
c.uthenticated evidence, demonstrating a triable
issue of material fact exists as to plaintiff's
cause of action or an affirmative defense.
A purchaser who fulfills all obligations, except for
timely depositing the purchase price in escrow, will
not be denied specific performance if that failure
i.s attributable to the seller's substantial
noncompliance with his escrow obligations. (Ninety
Nine Investments Ltd. v. Overseas Courier Service
(Singapore) Private, Ltd. (2003) 113 Cal.App.4th
1118, 1134;Galdjie v. Darwish (2003) 113 Cal.App.4th
1331, 1343.
The declarations of Gail Hershowitz, Victor Parks,
and Maria McLaurin support the contention that Ms.
Samaan was not provided with a fully executed
purchase ag:ceement, the "Residential Purchase
Agreement and Joint Escrow Instructions" in
particular, until some time after 3:42 p.m. on
October 22, 2004. These declarations are, in tqrn,
supported by the fax from Ms. Hershowitz at MaJ;"a
Escrow dated October 22, 2004 at 3:42 p.m. (Moving
Papers, Exhibit 24) and the fax from Victor Parks to
Countrywide on October 25, 2004 (Opposition, Exhibit
tJ). Ms. Hershowitz states that, at the time of her
PAGE: 88
01/07/10 14:59:05
11
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
Case Number: SCOB7400 NIVIE VS. JOSEPH ZERNIK
II
Ij
CAS E HIS TOR Y
Date Activity
fax at 3:42 p.m. on October 22, 2004, Mr. Zern1k had
continued to fail to provide Mara Escrow with a
executed copy of the purchase agreement. Ms.
McLaurin states that, by October 25, 2004, all loan
approval conditions had been met by Ms. Samaan
except for the provision of a fully executed
purchase agreement. Based on this evidence, the
Court finds that Mr. Zernik's noncompliance caused
the delay by Ms. Samaan in removing the appraisal
contingency.
As of October 25, 2004, Ms. Samaan had fulfilled all
obligations, except for removal of the appraisal
contingency. The appraisal contingency could not be
removed until Ms. Samaan received loan
Approval of the loan was delayed because Count:l:ywide
had not received a fully executed copy of the
purchase agreement. Despite multiple requests li;>y
Victor Parks and/or Ms. Samaan to Mara Escrow to
provide the executed purchase agreement, it mot
provided until the late afternoon or evening at
October 22, 2004 because Mr. Zernik had not signed
or initialed the "Residential Purchase Agreemer;J.t and
.Joint Escrow Instructions" until then. Ms. SamaaN 's
failure to remove the appraisal contingency until
5:18 p.m. on October 25, 2004 was solely
attributable to Mr. Zernik's noncompliance
therefore, she is entitled under the law to specific
performance. Repeated contentions by Mr. Zernik that
his signature on the second counter-offer was
fmfficient to complete the purchase agreement is
f3imply not supported by any authority or expertj:
declaration, but in fact is directly contradicted by
the declarations of Mr. Parks and Ms. McLaurin.
Additionally, Ms. Samaan faxed her final contingency
removal to Michael Libow at 5:18 p.m. on October 25,
2004. Mr. Zernik's cancellation instructions
not faxed to Ms. Samaan by Mara Escrow until 5J23
p.m. on October 25, 2004. Mr. Zernik's contention
that he canceled the deal by fax on October 21,
PAGE: 89
01/07/10 14:59:05
C .A S E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
II
II
[t
Case Number: SC08'7400 NIVIE SAMAAN VS. JOSEPH ZERNIK
11
II
IJ
CAS E HIS TOR Y
Date Activity
2004, is not supported by the undisputed record of
events. In his initial fax, Mr. Zernik simply stated
that: he would be requesting that his realtor, Mr.
Libow, prepare cancellation instructions. This fax
was followed by ongoing conversations between ~ h e
parties regarding documents. This fax reflecte<;1, at
most, a statement of future action, which did not
occur until October 25, 2004. Nothing in Mr.
Zernik's fax indicated that he was canceling efPcrow
immediately or as of that or any date.
Finally, Mr. Zernik's fraudulent inducement claim,
based on an allegedly fraudulent loan
prequalification letter by Victor Parks dated
September 7, 2004, is no more than a red herring.
Mr. Zernik did not cancel escrow based on any
question regarding Ms. Samaan's prequalification in
September 2004. As set forth above, Ms. Samaan had
obtained loan approval on October 25, 2004 and final
approval on October 29, 2004, before the escrow
closing date of November 1, 2004. Ms. Samaan h<jl.s
also provided uncontroverted evidence establishing
her current ability to purchase the property.
(Canino Declaration.)
~ v h i l e there were dubious actions on both sides, it
is ultimately clear that Mr. Zernik's own actions
caused the delay in loan approval and resulting
delay in Ms. Samaan's ability to remove the
appraisal contingency, the concededly sole basis for
Mr. Zernik's cancellation of escrow. The evidence
shows that Ms. Samaan was ready, willing and able to
complete the purchase by the November 1, 2004
closing date and is presently ready, willing and
able as well. Therefore, the motion for summary
judgment must be GRANTED.
Hith respect to Mr Zernik's motion to amend, Mr.
Zernik has not complied with CRC Rule 327(a).
Further, while leave to amend a complaint is usually
liberally granted, the application for leave to
PAGE: 90
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Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
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CAS E HIS TOR Y
Date Activity
amend is to be made as soon as the need to amend is
discovered. If the party seeking the amendment has
been dilatory and the delay has prejudiced the
opposing party, the Court has the discretion to deny
leave to amend. A long, unwarranted and unexcused
delay in presenting it is a good reason for denial.
There are no compulsory cross-complaints against
parties other than plaintiff. A defendant can brDss­
complain against a co-defendant or third person not
yet a party to the action only if the cause of
action asserted: (1) arises out of the same
transaction, occurrence or series of ;cransactions or
occurrenceB (set forth in the complaint); or (?)
asserts a claim, right or interest in the prop¢rty
or controversy which is the subject of the actioti
brought against him (Code of Civil Procedures
Section 42B.10(b).) with a good faith qualification.
Gherman v. Colburn (1977) 72 Cal.App.3d 544, 558. A
strong showing of bad faith supports a denial of the
right to file. (Foot's Transfer & Storage Co. v.
Superior Court (1980) 114 Cal.App.3d 13971, 902.1903.
The Court finds that Mr. Zernik has not been
in seeking leave to file a first amended
cross-complaint adding six new causes of action and
seven new cross-defendants. Mr. Zernik states tihat
the most important discovery bringing the new
allegations to light was gleaned from
However, the majority of that discovery was produced
in Augus': 2006 and the rest in February 2007. This
motion was not filed until June 26, 2007.
Second, the Court finds that there is substantial
evidence to show that Mr. Zernik is not acting iIi
good faith. Mr. Zernik filed an answer and cross­
complaint on February 6, 2006. He then stalled
discovery efforts by refusing to allow plaintiff or
others to conduct an inspection of the property at
i.ssue and refusing to appear for deposition without
a Court order. The Court continued motions to compel
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II
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Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
II
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CAS E HIS TOR Y
Date Activi.ty
discovery to April 26, 2007 as a result of Mr.
Zernik's request for additional time to respond,
then he failed to file opposition. The Court h1as
also had to address the issue of appointing a
referee to conduct ongoing depositions because of Mr
Zernik's unwarranted personal attacks during
depositions. Further, on July 23, 2007, the Court
had to issue a protective order in favor of
Countrywide due to the number of improper
communications attempted by Mr. Zernik with
Countrywide officers and employees. Most recently,
Mr. ZerLik contends that his own opposition paperS
to plaintiff's summary judgment motion were tampered
wi.th or altered prior to being filed with the COllrt,
though he has taken no position as to what he s::laims
was altered, and, on August 2, 2007, he filed ex
parte application before Judge John L. Segal
to continue the August 9th hearing date for
summary judgment motion. This motion 'Nas properly
denied.
Based on the long and contentious history of the
litigation between Ms. Samaan and Mr. Zernik, the
request to file a first amended crosso-complaint less
than 30 days before trial, opening up an entirely
new field of inquiry with multiple new parties; is
found to be a tactical, strategic maneuver to
further delay this action and the specific
performance sought by plaintiff. The motion is
DENIED.
Order Granting Summary Judgment in favor of
Nivie Samaan is signed and filed this date and a
conformed copy given to Plaintiff and Defendant in
open court.
Judgment by Court pursuant to Code of Civil
Procedures Section 437c is signed and filed this
date and a conformed copy is given to Plaintif1
Defendant in open Court.
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•• I •
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Case Number: SC087400 NIVIE
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SAMAAN VS. JOSEPH ZERNIK
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I
The Court notes the only remaining pa.rties are, the
Cross-Complaint as to Cbldlwell Banker Residential
Brokerage and Michael Llb6w.
Accordingly, Final Status Conference
30, 2007 is to remain.
set for August
Counsel for
rulings.
Plaintiff tb ~ i v e notice of the Court's
2) MOTION FOR LEAVE
08/09/07 Event Complete
Motion for Summary Judgmept
Motion Granted in Part
MEMO
2) MOTION FOR LEAVE
08/09/07
On Behalf
Filed By
Document Filed
Motion for Sanctions
Defendant, & Defendant
of ZERNIK, JOSEPH
Zernik, Joseph
in Pro Per
Defendant
Defendant, & Defendant in
08/09/07 Journal Entry
$40.00
Other Pmnt
MEMO
MTN FOR SANCTIONS
On Behalf of
Paid By
ZERNIK,
Zernik,
JOSEPH
Joseph
Defendant
Defendant, & Defendant in
08/09/07 Document Filed
Order
Court
MEMO
GRANTING SUMMARY JUDGMENr IN
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Ci vil Di vi si on
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Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
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FAVOR OF PLAINTIFF NIVIE SAMAAN
08/09/07 Document Filed
Judgment MEMO
Court
BY COURT PURSUANT TO CCp
473C IS SIGNED BY: JACQUELINE A.
CONNOR, JUDGE
08/13/07 Document Filed
Motion in Limine
Attorney for Cross-Defendant
On Behalf of Coldwell Banker Residential Brokerage Defendant
On Behalf of Libow, Michael Defendant
Filed By LAW DEPT. COLDWELL BANKER RES. BROKERAG Attorney for Cross-·Defend
08/13/07 Document Filed
Notice MEMO
Attorney for Cross-Defendant
OF WITHDRAW OF MTN TO BIFURCATE
TRIAL
On Behalf of Coldwell Banker Residential Brokerage Defendant
On Behalf of Libow, Michael Defendant
Filed By LAW DEPT. COLDWELL Bl1NKER RES. BROKERAG Attorney for Cross-Defend
08/13/07 Document Filed
Notice MEMO
Attorney for Plaintiff
NOTICE OF ORDER
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richt:.er & Hampton Attorney for Plaintiff
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Santa - West District
Division
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
I'
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Date Activity
08/14/07 Event
Ex-Parte Application
Jacqueline A. Connor
8: 30 am
PLAINTIFF'S (NIVIE SAMAAN) EX PARTE APPLICATION FOR
ENTRY OF JUDGMENT;
(FSC: 8/30/07 TRIAL: 9/7/07)
Matter is read, and continued to August
21, 2007 at 8:30a.m. in Department WEI.
Defendant arrives late.
Plaintiff's counsel is to give notice.
08/14/07 Journal Entry
$40.00
Other Pmnt
On Behalf of SAMAAN, NIVIE Plaintiff
Paid By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
08/14/07 Document Filed
Ex-Parte Application MEMO
Attorney for Plaintiff
FOR ENTRY OF JUDGMENT
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
08/14/07 Event Complete
Ex-Parte Application
Motion continued
08/14/07 Scheduled Event
Ex-Parte Application MEMO
Jacqueline A. Connor
08/21/07 at 8:30 am
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1\ Case Number: SC087400 NIV]E SAMAAN VS. JOSEPH ZERNIK II
l.!::1'============================= IJ
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FOR ENTRY OF JUDGMENT
08/25/07 Document Filed
Notice of Ruling
Attorney for Plaintiff
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
08/26/07 Document Filed
Ex-Parte Application MEMO
Defendant, & Defendant ~ n Pro Per
for the court to issue ~ u i l and
complete evidentiary rulings for
plaintiff's motion for summary
judgment heard August 9, 2007, to
allow sufficient time for review
prior to entering of judgment, and
Filed By Zernik, Joseph Defendant, & Defendant in
08/26/07 Journal Entry
$40.00
Other Pmnt
Paid By Zernik, Joseph Defendant, & Defendant in
08/26/07 Document Filed
Opposition MEIYJO
Attorney for Plaintiff
to defendants ex parte application
for release of full and complete
evidentiary rulings in motion for
summary judgment
On Behalf of SAMAAN, NIVIE Plaintiff
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Case Number: SC087400 NIVTE SAMAAN VS. .JOSEPH ZERNIK
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Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
08/26/07 Scheduled Event
Ex-Parte Application
J·ohn L. Segal
08/16/07 at 8:30 am
08/26/07 Event
Ex-Parte Application
John L. Segal
8:30 am
DEFENDANT'S JOSEPH ZERNIK EX PARTE APPLICP.TION FOR
THE COURT TO ISSUE FULL AND COMPLETE EVIDENTIARY
RULINGS FOR PLAINTIFF'S MOTION FOR JUDGMENT
HEARD AUGUST 9, 2007, TO ALLOW SUFFICIENT TIME FOR
REVIEW PRIOR TO ENTERIN@ OF JUDGMENT, Am) JOINT
STIPULATION AND PROPOSED ORDER;
The matter is called for nearing and continued to
AUGUST 21, 2007 at 8:30 a.m., in Department WE-I.
Notice is waived.
08/26/07 Event Complete
Ex-Parte Application
Continued
08/26/07 Scheduled Event
Ex-Parte Application MEMO
Jacqueline A. Connor
08/21/07 at 8:30 am
DEFENDANT'S EX PARTE APPDICATION
FOR THE COURT TO ISSUE FULL AND
COMPLETE EVIDENTIARY RULINGS FOR
PLAINTIFF'S MOTION FOR SUMMARY
JUDGMENT HEARD AUGUST 9, 2007, TO
ALLOW SUFFICIENT TIME FOR REVIEW
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Case Number: SC087400 NIVr'E S.AMAAN VS. ,JOSEPH ZERNIK
CAS E HIS TOR Y
Date Activity
08/17/07 Scheduled Event
Motion for Sanctions
Jacqueline A. Connor
09/10/07 at 8:35 am
08/21/07 Event
Ex-Parte Application
Jacqueline A. Connor
8:30 am
PLAINTIFF'S (NIVIE SAMAAN) EX PARTE APPLICATION FOR
ENTRY OF JUDGMENT;
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLICATION FOR
THE COURT TO ISSUE FULL AND COMPLETE EVIDENTIARY
RULING FOR PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
HEARD AUGUST 9, 2007, TO ALLOW SUFFICIENT TIME FOR
REVIEW PRIOR TO ENTERING mJDGMENT, AND JOINT
STIPULATION AND PROPOSED ORDER;
Plaintiff's Ex-Parte Application For Entry of Judgment
is called for hearing and granted.
The court orders judgment filed today.
Defendant's above captioned Ex Parte Application is
called for hearing and denied. All full and complete
rulings on evidentiary objections have been placed
in the court record as 'of' August 9, 2007.
Final Status Conference remains set for August 30,
2007 at 8:30 a.m. in WEI. A Status
Conference regarding appointment of referee to assist
with escrow is to be the same date.
Parties are to submit proposed names of agreed upon
referees at the next hearing.
Notice is waived.
:=.-.JI
MEMO
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Case Number: SC087400 SAMAAN VS. JOSEPH ZERNIK
Date
PAGE: 99
CAS E HIS TOR yo
Activity
Later:
The Court vacates its previous order regarding
Plaintiff's Ex-Parte Application for Entry of
Judgment as it is moot.
A review of the court file indicates that the Judgment
was signed and filed on August 9, 2007.
The clerk is to send
CLERK'S OF M1\ILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of the
above-entitled court, db hereby certify 'that I am not
a party to the cause and that this date I
served Notice of Entry of the above minute order of
8-21-07 upon each party or counsel named below by
depositing in the Unitep. States mail at the courthouse
in Santa Monica, one copy of the
original entered herein in a separate sealed envelope
for each, addressed as shpwn below with the postage
thereon fully prepaid.
Date: August 21, 2007
John A. Clarke, Executive Officer/Clerk
By:
L. Adornato
MOE KESHAVARZI
333 SOUTH HOPE STREET, 48TH FLOOR
LOS ANGELES, CA 90071
JOSEPH ZERNIK
320 S. PECK AVENUE
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" Case Number: SC087400 NIVIE SAMAAN VS .•JOSEPH ZERNIK
.l!:11========================= ==_.-----ll
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BEVERLY HILLS, CA 90212
FOR ENTRY OF JUDGMENT
08/21/07 Event Complete
Ex-Parte Application MEMO
Granted & denied in part/1ss.Cont.
FOR ENTRY OF JUDGMENT
08/21/07
On Behalf
Filed By
Document Filed
Motion for Reconsideration
Atty for Defendant and Cross-Compl
of SAMAAN, NIVIE
Hoffman, Edward A.
Plaintiff
Former Attorney for Defen
08/21/07 Journal Entry
$40.00
Other Pmnt
MEMO
MTN FOR RECONSIDERATION
On Behalf of
Filed By
SAMAAN, NIVIE
Hoffman, Edward A.
Plaintiff
Former Attorney for Defen
08/23/07 Document Filed
Proof of Service
Atty for Defendant andCross-Compl
. MEMO
OF NTC OF MTN FOR RECONSIDERATION
On Behalf
Filed By
of ZERNIK, JOSEPH
Hoffman, Edward A.
Defendant
Former Attorney for Defen
08/27/07 Document Filed
Opposition
Attorney for Plaintiff
MEMO
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Civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E HIS TOR Y
Date Activity
TO DEF. 's MOTION FOR SANCTIONX
Filed By Stein, Jay R. Former Attorney for Plain
On Behalf of S ~ , NIVIE Plaintiff
08/28/07 Document Filed
Ex-Parte Application
Atty for Defendant and Cr<;:Jss-Compl
08/28/07 LJournal Entry
$40.00
Other Prnnt
08/28/07 Document Filed
Order MEMO
Attorney for Defendant
GRANTING EX PARTE APPLICATION TO
CONTINUE THE TRIAL DATE IS SIGNED
BY: JACQUELINE A. CONNOR, JUDGE
08/28/07 Event
Ex-Parte Application
Jacqueline A. Connor
8:30 am
DEFENDANT/CROSS-COMPLAINANT (JOSEPH ZERNIK) EX PARTE
APPLICATION TO CONTINUE TRIAL DATE;
The Court reads and considers the moving papers and
opposition off the record.
Defendant/Cross-Complainant I S ex parte a.ppllcation
to continue the trial date is GRANTED.
Accordingly, Jury Trial qet for September 7, 2007 is
advanced to this date anq. continued to January 11,
2008 at 9:30 a.m. in Dep4rtment WE"I".
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II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
I'
CAS E HIS TOR Y
Date Activity
Final Status Conference set for August 30, 2007 is
advanced to this date and continued to January 7, 2008
at 8: 30 a. m. in Department WE" I" .
Further Status Conference regarding appointment of
referee set for August 30/ 2007 is to remain.
Pursuant to oral motion of
Motion for reconsideratio:p. set for September 24, 2007
is ordered placed off calendar.
Specially appearing counsel for Defendant/Cross­
Complainant is ordered to give notice.
08/28/07 Event Complete
Ex-Parte Application
Motion Granted
08/28/07 Event Complete
Motion for Reconsideration MEMO
Advanced to this date & Vacated
REQUEST OF M/P
08/29/07 Document Filed
Miscellaneous-Other MEMO
Attorney for Plaintiff
PLTFS LIST OF REFEREES TO PRESIDE
OVER ESCROEW AND EXECUTION OF
JUDGMENT
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
08/30/07 Even t
Hearing-Other MEMO
Jacqueline A. Connor
8: 36 am
STATUS CONFERENCE REGARD1NG REFEREE APPOINTMENT;
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Case Number: SC087400 NIVIE SAMAAN VS. ,JOSEPH ZERNIK
.---.JI
CAS E HIS TOR Y
Date Activity
Matter is called for hearing.
The Court appoint H o n o r a b ~ e Greg O'Brien, Retired
Judge as Referee. The Court will prepare the Order
to appointing discovery referee.
Further Status Conference is set for October 4, 2007
at 8:30 a.m. in Department;: WE"I".
Notice is waived.
AND STATUS CONFERENCE RE: REFEREE
APPOINTMENT
JT: 9-07-07
08/30/07 Document Filed
Report-Status IVIEMO
Defendant, & Defendant in Pro Per
8/30/07
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
08/30/07 Event Complete
Hearing-Other MEMO
Completed
AND STATUS CONFERENCE RE: REFEREE
APPOINTMENT
JT: 9-07-07
08/30/07 Document Filed
Order MEMO
Court
appointing referee is signed by:
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II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
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CAS E HIS TOR Y
Date Activity
JACQUELINE A. CONNOR, JUDGE
09/04/07 Journal Entry
$40.00
Other Pmnt
MEMO
[or specification of term9
appointment of escrow
of
On Behalf
Paid By
of ZERNIK,
Zernik,
JOSEPH
Joseph
Defendant
Defendant, & Defendant in
09/04/07 .Tournal Entry
$40.00
Other Pmnt
MEMO
to correct erroneous notations
in mnute orders that def.
and x-complaint joseph z e ~ n i k waiv
ed ntc of entry of judgmeht
On Behalf of
Paid By
SAMAAN,
zernik,
NIVIE
Joseph
Plaintiff
Defendant, & Defendant in
09/05/07 Document Filed
ExParte Application
Defendant, & Defendant iq Pro Per
MEMO
for specification of t e r ~ of
appointment of escrow referee
On Behalf of
Filed By
ZERNIK,
Zernik,
JOSEPH
Joseph
Defendant
Defendant, & Defendant in
09/05/07 Document Filed
ExParte Application
Defendant, & Defendant in Pro Per
MEMO
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II
II
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Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E HIS T () R Y
Date Activity
to correct erroneous notation in
minute orders that def
notice of entry of judgmeht or
of any other developments in this
case
On Behalf
Filed By
of SAMAAN,
Zernik,
NIVIE
Joseph
Plaintiff
Defendant, & Defendant in
09/05/07 Document Filed
Ex-Parte Application
Defendant, & Defendant in Pro Per
MEMO
FOR SPECIFICATION OF TERMS OF
APPOINTMENT OF ESCROW REFEREE
09/05/07 Document Filed
Opposition
Attorney for Plaintiff
09/05/07 Event
Ex-Parte Application
Jacqueline A. Connor
8:30 am
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLICATION
FOR SPECIFICATION OF TERMS OF APPOINTMENT OF ESCROW
REFEREE;
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLICATION TO
CORRECT ERRONEOUS IN MINUTE ORDERS THAT
DEFENDANT AND CROSS-COMPLAINANT JOSEPH ZERNIK WAIVED
NOTICE OF ENTRY OF JUGMENT, OR RULINGS, OR OF ANY
OTHER DEVELOPMENTS IN CASE;
The
the
Court reads
record.
and the moving papers off
Defendant's ex parte's are both denied.
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Civil Division
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II
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The Court's order regarding Defendant's Ex Parte
Application for Specifiq:ation of Terms of Appointment
of Escrow Referee is signed and filed this date
and incorporated herein.
Each side, if It desires :l.s invited to submit any
detailed specifications to the appointment order
within 7 days for the consideration.
Defendant/Moving Party is ordered to give notice.
09/05/07 Event Complete
Ex-Parte Application
Motion Denied
09/10/07 Document Filed
Miscellaneous-Other MEMO
Defendant, & Defendant in Pro Per
filing for the purpose of
immediate of the
honorable judge connor pursuant: to
170.3
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
09/10/07 Document Filed
Notice MEMO
Defendant, & Defendant in Pro Per
RE: DEF EXPARTE APPLIC FOR
SPECIFICATION OF TERM OF APPOINT­
MENT OF ESCROW REFEREE
2) EXPARTE APPLIC TO CqRRECT
ERRONEOUS NOTATIONS IN ;MINUTE ORDR
FOR WAIVED NTC
On Behalf of ZERNIK, JOSEPH Defendant
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Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
Ir
l!:
CAS E HIS TOR Y
Date Activity
j
Filed By Zernik, Joseph & Defendant in
09/10/07 Event
R.ecusal MEMO
J·acqueline A. Connor
8:30 am
DEFENDANT ZERNIK) MOTION FOR SANCTIONS;
Matter is called for hearing. Both parties
acknowledge receipt of the Court's tentative
as follows:
The motion of defendant Joseph Zernik for
pun:mant to Code of Civil Procedures §128. 7 is .
DENIED. Plaintiff is ordered to give notice.
A party seeking sanctions under CCP §128.7
follow a two-step procedure. First, the moving party
must serve on the offending pa:rty a motion for
sanctions. Service of the motion on the offending
party be9ins a 30-day safe harbor period during
which the sanctions motion may not be filed with the
court. During the safe harbor period, the offe*ding
party may withdraw the improper pleading and tlhereby
avoid sanctions. If the pleadin9 is withdrawn, the
motion for sanctions may not be filed with the
court. If the pleading is not withdrawn during the
safe harbor period, the motion for sanctions
then be fHed.
The purpose of the safe harbor provisions is to
permit an offending party to avoid sanctions by
withdrawing the improper pleading during the safe
harbor period. In order to effectuate the safe
harbor provisions, a party may not bring a
for sanctions unless there is some action the
offending party may take to withdraw the improper
pJ.eading. A sanctions motion may not be brought
after the conclusion of the case or a
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Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI«
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CAS E HIS TOR Y
Date Activity
ruling on the improper pleading. By definition,lhe
safe harbor provision cannot have any effect if the
court has already rendered its judgment in the
it is too late for the offending party to withdraw
the challenged pleading. (Malovec v. Hamrell
70 Cal.App.4th 434, 440-441.)
SAl.\1AAN first argues that this motion must be
because the Court granted her summary judgment: I
motion. However, the correct principle to be
distilled from Malovec is that an order sustainirlg a
demurrer without leave to amend or granting summary
judgment does not bar a motion for §128.7 sanctions
unless the order is reduced to a judgment before the
sanctions motion is served and filed. (Banks v,
Hathaway, Perrett, Webster, Powers & Chrisman P(02)
97 Cal.App.4th 949, 953.) Since this motion was
served in April 2007 and filed on August 9, 2007, it
is not precluded under the principles of MalovecJ
SAMAAN next argues that the motion ZERNIK served in
April 2007 is not the same as the motion filed i*
August 2007 and, therefore, the safe harbor
runs from the filing date of the new and
motion. (Hart v. Avetoom (2002) 95 Cal.App.4th
413.) However, SAMAAN has failed to attach the
motion that was served in April 2007 or provide
ir..dependent evidence to establish how the moti<;:m¥
are different. Page 32 of ZERNIK's motion was
on April 20, 2007 and again on August 9, 2007. There
iE: nothing to show that the pagination of the motion
is awry or that anything was added or changed.
However, this motion does fail for two reasons: (1)
it was served five months after the alleged
offending documents were submitted to the Court
conjunction with defendant's motion to expunge
pendens heard and denied on November 9, 2006; and
(2) there is absolutely nothing to show that the!
documents submitted by plaintiff were false,
improper, fraudulent.or lacking in evidentiary
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Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH

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support. Permitting a motion for sanctions to be
brought following judicial disposition of the
improper pleading would undermine the purpose of he
safe harbor provision. (Cromwell v. Cummings (1998)
65 Cal.App.4th Supp. 10, 14.) Second, this Court I
already considered and rejected the substantive
arquments made by ZERNIK, which were repeated in 'his
opposition to plaintiff's summary judgment
There is simply nothing to show that SAMAAN or hir
counsel of record, Moe Keshavarzi, engaged in
sanctionable conduct.
The motion for §128.7 sanctions is DENIED. j
The Court orders the Defendant's Motion pursuant to
Code of civil Procedures Section 128.7 Stayed \.1-n il
further ruling by the newly assigned Court. I
The Court announces Defendant/Cross--Complainant Joseph
Zernik, has filed a 170.3 request to diSqUaliftylthe
Court this date. The Court despite the allegations
made in Mr Zerniks' declaration, without conced.ing
the disqualification statement, the Court believJs
I
that in the interest of justice, the Court should
recuse Itself on Its own Motion Pursuant to Codelof
Civil Procedures Section 170.3(c)2.
Pursuant to the Order of the Presiding Judge,
Honorable Gerald Rosenberg., the case is ordered
reassigned to the West Los Angeles Superior Court,
Department WE"H", Honorable Allan J. Goodman,
Judge presiding for all purposes.
Any and all future dates set in Department WE"j["lare
advanced to this date and ordered placed off
calendar.
Counsel for Plaintiff is ordered to give notice.
Ol"P THE RECORD:
101/07/10
I
'I
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II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK "
l!:._ I II
Date
09/10/07
CAS E HIS'rORY
Activity
Status Conference is set for October 10, 2007 at
8:30 a.m. in Department WE"H" at the West Los
Angeles Courthouse (Pursuant to the clerk in
Department WE"H")
Counsel for Plaintiff is ordered to give notice.
of the
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of the
above-entitled court, do hereby certify that I a ~ not
a party to the cause herein, and that this date ~
se:l:"ved Notice of Entry of the above minute order lof
9-10-07 upon each party or counsel named below oy
depositing in the United States mail at the cotirdhouse
in SANTA MONICA, California, one copy of the I
original entered herein in a separate sealed envelope
for each, addressed as shown below with the p o ~ t J g e
thereon fully prepaid.
MOE KESHAVARZI
333 SOUTH HOPE STREET, 48TH FLOOR
LOS ANGELES, CALIFORNIA 90071-1448
Date: SEPTEMBER 10, 2007
John A. Clarke, Executive Officer/Clerk
By:
v. JAIME
MOTION FOR SANCTIONS
Event Comp.lete
Recusal MEMO
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civil Divis:Lon
[ Case Number. SC087400 NIVIE SAMAAN VS. JOSEPH ZE3 !I
CAS E HIS TOR Y
Date Activity
Motion Granted
MOTION FOR SANCTIONS
09/10/07 Event: Complete
Jury Trial
Advanced to this date & Vacated
MEMO
est time: 5-7 days
09/10/07 Event Complete
Final Status Conference
Advanced to this date & Vacated
MEMO
,JT : 1 - 11 - 08
09/10/07 Event Complete
Final Status Conference
l'>.dvanced to this date, o/c settled
MEMO
,JT: 1-11-08
09/10/07 Event Complete
Further Status Conference
Advanced to this date & Vacated
09/11/07 Document
Notice
Clerk
Filed
MEMO
NOTICE OF TRANSFER OF ACTION SENT
TO: ATTY FOR PLNTFF, l"IOE KESHAVARZI
ATTY FOR DFNDNT, EDWARD A. HOFFMAN
ATTY FOR DFNDNT, CHARLES D. CUMl"IINGS
+l\TTYS FOR: X-DFNDNT & INTERVENOR
PAGE: 111 01/07/10 14:59:05
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civil Division
- I
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIf
lb -_ I Ii
Date
09/11/07
I
CAS E HIS TOR Y
Activity
Event
Non-.A.ppearance (Case Review)
Allan J. Goodman
8:30 am
I
MINUTE ORDER REJECTING SECOND PEREMPTORY CHALLENGE
BY PLAINTIFF;
I
Plaintiff's section 170.6 challenge lodge today is
stricken as improper for the reason that plaintif'f
previously filed such a challenge, which was gran,ted.
On November 1, 2005, then counsel for plaintiff ,
filed a section 170.6 challenge against Judge Neijdorf,
which was granted. Each side has one such chalJ,ellge
i.n anyone action. CCP sect.ion 170.6 (a) (3); see I
School District of Okaloosa County v. Superior Court
(1997) 58 Cal.App.4th 1126,1135. I
Clerk to give notice.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of th1
above-entitled court, do hereby certify that I am not
a party to the cause herein, and that this 11
served Notice of Entry of the above minute order of
09/11/07 upon each party or counsel named below ,y
depositing in the United States mail at the courthouse
in W. Los lillgeles, California, one copy of the
original entered herein in a separate sealed envrlope
for each, addressed as shown below with the
thereon fully prepaid.
Date: September 11, 2007
John A. Clarke, Executive Officer/Clerk
By:
D. Salisbury
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rl=====
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
ZERNlf
lL======
CAS E HIS TOR Y
Date Activity
Sheppard Mullin Richter & Hampton LLP
333 South Hope Street, 48th Floor
Los Angeles, CA. 90071-1448
Robert J. Shulkin, Esq.
The Law Department
C o ~ d w e l l Banker Residential
Brokerage Company
11611 San Vicente Blvd., Ninth floor
LOB Angeles, CA. 90049-6510
J'oseph Zernik
320 S. Peck Drive
Beverly Hills, CA. 90212
09/11/07 Event Complete
Non-·Appearance (Case Review)
Court Makes Order
09/11/07 Document Filed
Affidavit of Prejudice - Premptory MEMO
Attorney for Plaintiff
DENIED
On Behalf of SAMAAN, NIVIE Plailfltiff
Filed By Sheppard, Mullin, Richter & Hampton AttotnfY for Plaintiff
09/12/07 Document Filed
Declaration. MEMO
Defendan.t, & Defendant in Pro Per
UPON FIRST APPEARANCE BEFORE
JUDGE GOODMAN
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Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
lb _ ,===:=========
I
CAS E HIS TOR Y
Date
Activity I 1 __
On Behalf
Filed By
of ZERNIK,
Zernik,
JOSEPH
Joseph
Defendaflt
Defendart, & Defendant in
09/13/07 Document Fi.led
Decla.ration
Defendant, & Defendant in Pro Per
MEMO
UPON FIRST ,A.PPEARANCE
GOODMAN
FII,ED BY FAX
BEFORE JlJDGE
On Behalf of
Filed By
ZERNIK,
Zernik,
JOSEPH
Joseph

Defendart, & Defendant in
09/14/07 Document Filed
Miscellaneous-Other
Dism-Plaintiff In Pro Per
MEMO
(2)documents received by facsimile
service and filed per the
direction of the Supervising Judge
of the West District,the Honorable
Gerald R.osenberg.
Filed By ZERNIK, JOSEPH
Defendjnt
09/17/07 Document Filed
Ex-Parte Application
Plaintiff & Plaintiff In Pro Per
I
I
MEMO
FOR AN ORDER TO VACATE ANY AND
ALL OF JUDGE CONNOR'S RULINGS,
,JUDGMENTS, AND OTHER ACTIONS IN
SAMl\AN V. ZERNIK LATER THAN JULY
12, 2007; ]\00 TO STAY ANY AND ALL
ADR SERVICES PROCEDURES AND PROCES
Filed By
On Behalf of
ZERNIK,
Zernik,


Defendant
I
Defendant,
I
& Defendant in
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Civil Division
rr====
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
lb 'I
CAS E HIS TOR Y
Date Activity
09/17/07 Document Filed
opposition MEMO
Attorney for Plaintiff
TO DEFENANT'S EX PARTE
APPLICATION TO SET ASIDE ORDERS
AND DISQUALIFY REFEREEj
On Behalf of SAMAAN, NIVIE Plainti:Ef
Filed By Sheppard, Mullin, Richter & Hampton for Plaintiff
i
09/17/07 J"ournal En try
$40.00
Other Pmnt
Paid By ZERNIK, JOSEPH Defendapt
On Behalf of Zernik, Joseph & Defendant in
09/17/07 Event
Ex·-Pa.rte Application
Allan J. Goodma.n
8 :30 am
DEFENDANT IN PRO PER (JOSEPH ZERNICK) EX PARTE
AP:E>LICATION FOR AN ORDER TO VACATE ANY AND ALIJ ot
,JUDGE CONNOR I S RULINGS, JUDGMENTS, AND OTHER AQTll0NS
, I
IN SAMAAN V. ZERNIK LATER THAN JULY 12, 2007j 1WD
ALTERNATIVELY, TO STAY ANY AND ALL lillR SERVICES I
PROCEDURES AND PROCESSES IN SAMAAN V. ZERNIK, TO
RECUSE JUDGE O'BRIEN, ABSENT CLEAR AND COMPLETE;
CL./illIFICATION OF EVENTS THAT STARTED LABOR DAY

Cau<Je is called and argued. After argument the
Court rules as follows:
f1otion is denied.
Counsel for plaintiff to give notice.
Courtesy copy forwarded to Defendant.
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II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
l!:: II
CAS E HIS TOR Y
Date Activity
CLERK'S CERTIFICATE OF' MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of the
above-entitled court, do hereby certify that I am not
a party to the cause herein, and that this date I
served Notice of Entry of the above minute order of
9/17/07 upon each party or counsel named below by;
depositing in the United States mail at the courthouse
in W. Los Angeles, California, one copy of the
original entered herein in a separate sealed
each, addressed as shown below with the postage
thereon fully prepaid.
Date: September 17, 2007
John A. Clarke, Executive Officer/Clerk
By:
D. Salisbury
Zernick
320 S. Peck Avenue
Beverly Hills, CA. 90212
09/17/07 Event Complete
Ex-Parte Application
Motion Denied
09/18/07 Document Filed
Notice of Ruling
Attorney for Plaintiff
On Behalf of NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
09/19/07 Document Filed
Notice MEMO
Defendant, & Defendant in Pro Per
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Civil Division
rr= Ii
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
i . II
ZERNIK
l!: II
CAS E HIS TOR Y
Date Activity
OF INTENT TO MOVE FOR A NEW TRIAL
On Behalf of 2:ERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendaht, & Defendant in
09/20/07 Document Filed
Ex-Parte Application MEMO
Defendant, & Defendant in Pro Per
TO RESTORE DUE PROCESS RIGHTS
Filed By Zernik, Joseph Defendant, & Defendant in
09/20/07 Journal Entry
$40.00
Other Pmnt
Paid By Zernik, Joseph Defendant, & Defendant in
09/20/07 Event
Ex-Parte Application
Allan J. Goodman
8: 30 am
PLAINTIFF AND PLAINTIFF IN PRO PER (JOSEPH
EX PARTE APPLICATION TO RESTORE DUE PROCESS RIQH'I/Si
Cause is called and argued. After argument the Cdurt
rules as follows:
Ex Parte Application is denied as improper for
ex parte. Noticed motion is required.
Clerk to give notice.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of
above-entitled court, do hereby certify that I am not
a party to the cause herein, and that this date t
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Civil Division
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Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
lb 'I
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Date Activity
served Notice of Entry of the above minute orde't Q)f
9/20/07 upon each party or counsel named below by
depositing in the United States mail at the cou+:thouse
in W. Los Angeles, California, one copy of the
original entered herein in a separate sealed envelope
for each, addressed as shown below with the postage
thereon fully
Date: September 20, 2007
John A. Clarke, Executive Officer/Clerk
By:
D. Salisbury
Sheppard Mullin Richter & Hampton LLP
Moe Keshavarzi
48th Floor
333 South Hope Street
Los Angeles, CA. 90071-1448
Joseph Zernik
320 S. Peck Avenue
Beverly Hills, CA. 90212
09/20/07 Event Complete
Ex-Parte Application
Motion Denied
09/20/07 Event
Non-Appearance (Case Review)
Allan J. Goodman
8:30 am
MINUTE ORDER RE PLAINTIFF'S PROPOSED
APPOINTMENT OF REFEREE;
ORDER RE
On September 14, 2007 the Court received a "
Order Re Appointment of referee". The Court asked
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Santa Monica- West District
Civil Division
rr=:=====:
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
lb=====,
CAS E HIS TOR Y
Date Activity
the parties about the source of this document when
the parties were in court on September 17, 2007.
for plaintiff indicated he had prepared it.
In reviewing the file, the Court located an Order
Appointing Referee, filed August 30, 2007, signed by
the judge then assigned to this case. As no
has explained why a new order is needed, the Court
will not sign the proposed order lodged on September
14, 2007. A copy of the August 30, 2007 Order is
attached for the parties' ease of reference.
NOTE RE NOTICE OF INTENTION TO MOVE FOR NEW TRIAL:
Plaintiff filed a Notice of Intention to Move for
New Trial on September 19, 2007. The Court has
calendered the deadline for filing of the required
memorandum and the permitted affidavits or
declarations in support of that motion for OctolbeiL
1, 2007 as the lOth day falls on the preceding
weekend.
Clerk to give notice.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of the
above-entitled court, do hereby certify that I am not
a party to the cause herein, and that this date I
served Notice of Entry of the above minute order of
9/20/07 upon each party or counsel named below by.
depositing in the United States mail at the courthouse
in W. Los Angeles, California, one copy of the
original entered herein in a separate sealed ertvelope
for each, addressed as shown below with the postage
thereon fully prepaid.
Date: September 20, 2007
.John A. Clarke, Executive Officer/Clerk
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Civil Division
ir'====='
II Case Number:
l!.=
SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI*
'I
CAS E
Date Activity
By:
D. Salisbury
Sheppard Mullin Richter & Hampton LLP
Moe Keshavarzi
48th Floor
333 South Hope Street
Los Angeles, CA. 90071-1448
Joseph Zernik
320 S. Peck Avenue
Beve:dy Hills, CA. 90212
09/20/07 Event Complete
Non-Appearance (Case Review)
Court Makes Order
09/20/07 Scheduled Event
Non-Appearance (Case Review)
J"oseph S. Biderman
10/05/07 at 8:30 am
MEMO
:RE NOTICE OF INTENTION TO
FOR NEW TRIAL;
MOVE
09/24/07 Event
Motion for Reconsideration
A. Connor
8:30 am
MEMO
H.EQUEST OF M/P
09/25/07 Document Filed
Declaration
Defendant, & Defendant in Pro Per
MEMO
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Civil Division
fr
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
lb 'I
CAS E HIS TOR Y
Date Activity
RE: " OFF THE RECORD"
APPOINT THE HONORABLE
O'BRIEN AS REFEREE
MOTION TO
GREGORY
On Behalf of
Filed By
ZERNIK,
Zernik,
JOSEPH
Joseph
Defendant
Defendant, & Defendant in
09/25/07 Document Fi1.ed
Notice of Motion MEMO
Defendant, & Defendant in Pro Per
AND MOTION FOR SAFEGUARD OF DUE
PROCESS RIGHTS
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
09/25/07 Journal Entry
$40.00
Other Pmnt
On Behalf of ZERNIK, JOSEPH Defendant
Paid By Zernik, Joseph Defendant, & Defendant in
09/27/07 Document Filed
Declaration
MEMO
Defendant, & Defendant in Pro Per
OF DEFENDANT AND CROSS-COMPLAINANT
JOSEPH ZERNIK REGARDING URGENT
NEED TO OBTAIN AUDIT DATA FROM
SUSTAIN FOR MOTION FOR NEW TRIAL
On Behalf of ZERNIK, JOSEPH Defen,dant
Filed By Zernik, Joseph Defendant, & Defendant in
09/27/07 Document Filed
Motion for Sanctions
MEMO
Defendant, & Defendant in Pro Per
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Santa Monica - West District
ci vi] Division
fF'=====:
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
l!:=====
CAS E HIS TOR Y
Date Activity
PURSUANT TO CALIFORNIA COSE OF
CIVIL PROCEUDRE 128 FOR ARGUMENTS
AND EVIDENCE PRESENTED IN
PLAINTIFF'S OPPOSITION AND SUR­
REPLY TO DEFENDANT'S MOTION TO
EXPUNGE LIS PENDENS AND TO AWARD
10/01/07 Document Filed
Notice of Motion MEMO
Defendant, & Defendant in Pro Per
AND MOTION FOR NEW TRIAL
Paid By ZERNIK, JOSEPH Defendant
Filed By zernik, Joseph
Defendant, & Defendant in
10/01/07 Journal Entry
$101.50
Other Pmnt
On Behalf of ZERNIK, JOSEPH
Defendant
Paid By Zernik, Joseph
Defendaint, & Defendant in
10/03/07 Event I
R.ecusal
Allan J. Goodman
8:30 am
REASSIGNMENT OF CASE PURSUANT TO RECUSAL OF
JUDGE ALLAN J. GOODMAN
Upon review of the file of this matter this date,
the Court determines that, on September 27, 2007,
defendant filed a "Motion for Sanctions" which
i.ncludes as one of defendant I s "Main Arguments "i a
"Claim #4" that seeks review and adjudication of an
aspect of this case involving Countrywide Home Loans,
Inc. (Countrywide). Review of the accompanying
supporting arsruments reveals that defendant's Motion
for Sanctions is predicated in large part upon
matters which would require consideration of
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Civil Division
rr:=====
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
lb ,'I
I
CAS E HIS TOR Y
Date Activity
defendant's contentions
concerning the alleged role of Countrywide in eli r;eal
estate transaction which is alleged to be centralj to
the claims in this case.
The file also reveals that, in his Motion for
Trial, filed October 1, 2007, defendant raises
that require evaluation of claims involving Countiry­
wide.
Whether these arguments alleging some by
Countrywide in this matter have merit or not
require at least inquiry by this Court concern:iJng
Countrywide.
This Court may not make that inquiry as it has a
longstanding close personal relationship with the
General Counsel of Countrywide and a person of
the facts might reasonably entertain a doubt tliati the
Court would be able to be impartial. Code of
Procedure section 170.1(a) (6) (A) (iii) This
must and does recuse itself.
Pursuant to the order of the Master Calendar for the
West District of the Los Angeles Superior Court,
Gerald Rosenberg, Supervising Judge presiding, this
case is transferred forthwith for all proceedings to
Department WEC, the Honorable Joseph S. Biderm'1-n ,:
presiding.
Counsel are ordered to indicate on all future
documents to be filed with the Court in this matter,
the name of the newly assigned Judicial Officer and
courtroom in the caption below the case numbe:r:,
The following dates are advanced
continued to November 8, 2007 at
Department WEC:
to this date ancH.
8:30 a.m. in
October 10, 2007 - Status Conference
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civil Division
rr=
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
l!=
CAS E HIS TOR Y
Date Activity
October 22, 2007 - Motion for Safeguard of Due Process
Rights
November 5, 2007 - Motion for Sanctions
November 7, 2007 - Motion for New T:rial
Clerk hereby gives notice.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of
above-entitled court, do hereby certify that I ami not
a party to the cause herein, and that this date; I
served Notice of Entry of the above minute order of
10/3/07 upon each party or counsel named below Pi
depositing in the United States mail at the couirt/house
in W. Los Angeles, California, one copy of the·
original entered herein in a separate sealed en,vellope
for each, addressed as shown below th the poslta'ge
thereon fully prepaid.
Date: 10/3/07
John A. Clarke, Executive Officer/Clerk
By:
K. Padilla
Mo,e Keshavarzi
Sheppard Mullin R.ichter & Hampton LLP
333 South Hope Street
48th Floor
Los Angeles, CA 90071-1448
Joseph Zernik, In Pro Per
320 south Peck Avenue
Beverly Hills, CA 90212
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civil Division
fr I
I
II Case Number: SCOS7400 NIVIE SAMAAN VS. JOSEPH ZERNIK
l!=
I
'I
"
CAS E HIS TOR Y
Date Activity
Robert J. Shulkin
The Law Department
Coldwell Banker Residential
Brokerage Company
11611 San Vicente Blvd., Ninth Floor
Los Angeles, CA 90049-6510
10/03/07 Event Complete
Recusal
Case is reassigned
10/03/07 Event Complete
Motion
Case is reassigned
MEMO
FOR SAFEGUARD OF DUE PROCESS
RIGHTS
REASSIGNED TO DEPT. WEC, CONT.
TO 11/S/07
10/03/07 Event Complete
Motion for Sanctions
Case is reassigned
MEMO
REASSIGNED
11/S/07
TO DEPT. C, CONT TO
10/03/07 Event Complete
Motion for New Trial
Case is reassigned
MEMO
REASSIGNED TO DEPT. C AND
CONTINUED TO 11/S/07
10/04/07 Event
Further Status Conference
Jacqueline A. Connor
8:30 am
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Civil Division
rr=
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIf
II
I
lb
CAS E HIS TOR Y
Date Activity
10/04/07 Document Filed
Notice MEMO
Defendant, & Defendant in Pro Per
OF ERRATA: DECLARATION OF
DEFENDANT AND CROSS COMPLAINANT
JOSEPH ZERNIK REGARDING URGENT
NEED TO OBTAIN DATA FROM SUSTAIN
FOR MOTION FOR NEW TRIAL
On Behalf of ZERNIK, JOSEPH DefendajJ.t
Filed By Zernik, Joseph Defendaht, & Defendant in
10/04/07 Document Filed
Miscellaneous-Other MEMO
Defendant, & Defendant in Pro Per
FILING FOR THE PURPOSE OF
IMMEDIATE DISQUALIFICATION OF THE
HONORABLE JUDGE GOODMAN PURSUANT
TO CCP 170.3; A COpy IS BEING
SIMUTANEOUSLY FILED WITH: 1)
SUPERVISING JUDGE GOLDENBERG ...
On Behalf of ZERNIK, JOSEPH
Filed By Zernik, Joseph Defendant, & Defendant in
10/05/07 Event
Recusal MEMO
Joseph S. Biderman
8: 30 am
NON··APPEARANCE (CASE REVIEW) RE: NOTICE OF INTEN'l1'ION
TO MOVE FOR NEW TRIAL;
RECUSAL RE-ASSIGNMENT
Pursuant to Code of Civil Procedure section
I
170.1 (a) (6) (A) (iii), the judge is disqualified b$cause
a person aware of the facts reasonably enttrtain
PAGE: 126 1/07/10 14:59:05
Date
CAS E
Activity
a d.oubt that the judge would be able to be impar. tf' al.
Acting pursuant to the Order of the Master Calend I'
for the West District of the Los Angeles Superior
Court, the Honorable Gerald Rosenberg, supervisin?
Judge presiding, this action is tranferred fortpwith
for all purposes to Department WE-O of the l
Monica Courthouse, the Honorable John L. Segal,
presiding.
Previously set matters scheduled on November 8, 2 07
in Department WE-C are each advanced to this date
and ordered vacated.
All future hearings are to rescheduled in
Department WE-O of the Santa Monica Courthouse.
Counsel for all parties are ordered to indicate
on all future documents to be filed with the
Court in this matter the name of the newly
assigned judicial officer in the caption below
the case number.
Counsel is ordered to serve notice of this
order by mail on all parties within five (5)
days of the receipt of this minute order.
Clerk to give notice.
CLERK'S CERTIFICATE OF' MAILING/
NOTICE OF' ENTRY OF ORDER
I, the below named Executive Officer/Clerk of the
above-entitled court, do hereby certify that I arJ not
a party tO,the cause herein, and that ,this datQ
served Notlce of Entry of the above mlnute orderlof
10-5-07 upon each party or counsel named below by
depositing in the United States mail at the
in Los Angeles, California, one copy of the I
original entered herein in a separate sealed
for each, addressed as shown below with the po.tte
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Santa Monica -- West District
Civil Division
rr
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH Z E ~ I
lb i I 'I
CAS E HISTO:RY
Date Activity
thereon fully prepaid.
Date: October 5, 2007
John A. Clarke, Executive Officer/Clerk
By:
K. Sandoval
SHEPPARD MULLIN RICHTER & HAMPTON
MOE KESHAVARZI
48TH FLOOR
333 S. HOPE STREET
LOS ANGELES, CA 90071-1448
LLP
JOSEPH ZERNIK
320 S. PECK AVENUE
BEVERLY HILLS, CA 90212
RE NOTICE OF INTENTION TO MOVE
FOR NEW TRIAL;
10/05/07 Event Complete
Status Conference
Advanced to this date & Vacated
MEMO
-­ DEFT'S (JOSEPH ZERNIK) MOTION
FOR SAFEGUARD OF DUE PROCESS
RIGHTS
MOTION FOR SANCTIONS
-­ MOTION FOR NEW TRIAL
10/05/07 Bvent Complete
R_ecusal
Transferred to Diff. Department
MEMO
PAGE: 128 a1/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
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Civil Division
Ir======
II Case Number; SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIt
lb II
CAS E HIS TOR Y
Date Activity
RE NOTICE OF INTENTION TO MOVE
FOR. NEW TRIAL i
10/05/07 Document Filed
Notice of Appeal
Defendant, & Defendant in Pro Per
Filed By ZERNIK, JOSEPH Defendaht
J.0/OS/07 Journal Entry
Received - Civil Filing Fee
$100.00
Other Pmnt
Paid By ZERNIK, JOSEPH Defendaht
10/09/07 Document Filed
Declarati.on MEMO
Defendant, & Defendant in Pro Per
OF JOSEPH ZERNIK
On Behalf of ZERNIK, JOSEPH Defendaht
Filed By Zernik, Joseph Defendaht, & Defendant in
10/09/07 Document Filed
Declaration MEMO
Defendant, & Defendant in Pro Per
OF JOSEPH ZERNIK
On Behalf of ZERNIK, JOSEPH Defendaint
Filed By Zernik, Joseph Defendabt, & Defendant in
10/09/07 Document Filed
Miscellaneous-Other MEMO
Defendant, & Defendant in Pro Per
CO!I'JPLAINT FILE WITH SUPERVISING
JUDGE, HONORABLE GERALD ROSENBERG
PAGE; 129 1/07/10 14;59;05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
civil -Division
1,=====
" Case Number: SC087400
NIVIE SAMAAN VS. JOSEPH ZERNI
lL - ===============,======
CAS E HIS TOR Y
Date Activity
On Behalf of ZERNIK, JOSEPH
Filed By Zernik, Joseph & Defendant in
10/10/07 Document FiJ.ed
Ex--Parte Application MEMO
Defendant and Cross-Complainant
TO RESTORE AND SAFEGUARD DUE
PROCESS RIGHTS
Filed By Zernik, Joseph Defenidalnt, & Defendant in
10/10/07 O·ournal Entry
$40.00
Other Pmnt
Paid By Zernik, Joseph Defendant, & Defendant in
10/10/07 Scheduled Event
Ex-Parte Application
John L. Segal
10/10/07 at 8:30 am
10/10/07 Event
Ex-Parte Application I
L. Segal
8:30 am
DEFENDANT AND CROSS COMPLAINANT JOSEPH ZERNIK
EX PARTE APPLICATION TO RESTORE AND SAFEGUA.RD TIm
PROCESS R.IGHTSi
The matter is called for hearing as reflected
notes of the court reporter.
The Court takes the matter under submission.
Notice is waived.
10/10/07 Event Complete
Ex-Parte Application
PAGE: 130 D1/07/10 14:59:05
II
CAS E HIS TOR Y REP 0 R. T
Santa Monica - West District
Civil Division
rr= - ===j
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
l.l: _ l 'I
CAS E HIS TOR Y
Date Activity
Matter is taken under submission
10/10/07 Event
Ruling on Submitted Matter
Jolm L. Segal
10:30 am
The Court now rules on Defendant/Cross-Complainant's
ex parte application to restore and safegua:r-d due
process rights argued and taken under submission bn
October 10, 2007 as follows:
Defendant/Cross-complainant's ex parte applica.tioln
to restore and safeguard due process rights is
denied.
Clerk to give notice via U.S. Mail.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of
above-entitled court, do hereby certify that I not
a party to the cause herein, and that this date
served Notice of Entry of the above minute order of
10/10/07 upon each party or counsel named belmy by
depositing in the United States mai:.L at the
in Los Angeles, California, one copy of the I
oriqinal entered herein in a separate sealed envelope
for-each, addressed as shown below with the pOf?tcl.ge
thereon fully prepaid. I I
Date: October 11, 2007
.John A. Clarke, Executive Officer/Clerk
By:
ELM.Zl,. MORA
SULLIVAN, WORKMAN & DEE, LLP
PAGE: 131
f1/07/10
14:59:05
I
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
civil Division
Ir
II Case
lb
Numbe:t:": SC087400 NIVIE SAMAAN VS. JOSEPH
I
ZERNIK
I 'I
CAS E
Date Activity
.AT'I'ORNEY FOR DEFENDANT
CHARLES D. CUMMINGS
800 SOUTH FIGUEROA STREET., TWELFTH
LOS ANGELES, CA 90017-2521
FLOOR
THE LAW DEPT. OF COLDWELL BANKER RESIDENT
ROBERT J. SHULKIN
11611 SAN VICENTE BLVD., NINTH FLOOR
LOS ANGELES, CA 90049-6510
SHEPPARD, MULLIN, RICHTER & HAMPTON
ATTORNEY FOR PLAINTIFF
333 SOUTH HOPE STREET, 48TH FLOOR
LOS ANGELES, CA 90071-1448
JOSEPH ZERNIK
DEFENDANT, & DEFENDANT IN
320 SOUTH PECK DRIVE
BEVERLY HILLS, CA 90212
PRO PER
BRYAN CAVE
ATTORNEY FOR INTERVENOR
120 BROADWAY
SUITE 300
MONICA, CA 90401-2305
EDwARD A. HOFFMAN
ATTORNEY FOR DEFENDANT
11620 WILSHIRE BLVD.
SUITE 340
LOS ANGELES, CA 90025
10/10/07 Event Complete
Ruling on Submitted Matter
Court's Ruling & Order Entered
10/11/07 Document Filed
Ex-Parte Application
Atty for Defendant and Cross-Compl
I
MEMO
FOR AN ORDER TO VACATE JUDGMENT
PAGE: 132 61/07/10 14:59:05
I
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
If - -­ ---;j
1I Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERt,'nf
lb II
CAS E HIS TOR Y
Date Activity
IN PLAINTIFF'S MOTION FOR SUMMARY
AND TO FIND PLAINTIFF'S
.A.CTION A MALICIOUS PROSECUTION
BA.SED ON FRAUDULENT CLAIMS
Filed By Zernik, Joseph Defenpai;1t, & Defendant in
10/11/07 Journal Entry
$40.00
Other Pmnt
Paid By Zernik, Joseph Defendant, & Defendant in
10/11/07 Document Filed
Opposition MEMO
Atty for Defendant and Cross-Compl
TO DEFENDANT'S EX PARTE APPLICATIO
N TO SET HElillING DATE ON MOTION TO
VACATE JDUGMENT OR, ALTERNATIVELY
STAY JUDGMENT AND TO FIND PLAINTIF
F'S ATTORNEY IN COMTEMPT
On Behalf of SAMAAN, NIVIE Plaintilff
Filed By Sheppard, Mullin, Richter & Hampton AttoJney for Plaintiff
10/11/07 Document Filed
Ex-Parte Application MEMO
Attorney for Plaintiff
FO:R AN ORDER REQUIRING DEFENDANT
TO PERMIT AN APPRAISAL AND INSPEC­
TION OF THE PROPERTY LOCATED AT
320 SOUTH PECK DRIVE, BEVERLY
HILLS, CALIFORNIA
On Behalf of SAMAAN, NIVIE
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
PAGE: 133 D1/07/10 14:59:05
CAS E HIS TOR Y REP 0 Ft T
Santa Monica - West District
Civil Division
rr= II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI II
l!: 'I
, I
CAS E HIS TOR Y
Date Activity
10/11/07 Journal Entry
$40.00
Other Pmnt
I
On Behalf of SAMAAN, NIVIE
Paid By Sheppard, Mullin, Richter & Hampton for Plaintiff
10/11/07 Document Filed
Opposition MEMO
Atty for Defendant a.nd Cross-Compl
TO PLAINTIFF'S EX PARTE APPLICATIO
N FOR AN ORDER TO FIND DEFENDANT
IN CONTEMPT FOR ALLEGED REFUSAL TO
FOLLOW COURT JUDGMENT
Filed By Zernik, Joseph Defendaht, & Defendant in
10/11/07 Scheduled Event
Ex-Parte Application
John L. Segal
10/11/07 at 8:30 am
10/11/07 Event
Ex-·Parte Application
John L. Segal
8:30 am
PL1\INTIFF NIVIE SAMAAN EX PARTE APPLICATION FOR AN
ORDER REQUIRING DEFENDANT TO PERMIT AN APPRAISA,L fum
INSPECTION OF THE PROPERTY LOCATED AT 320 SOUTH prCK
DRIVE, BEVERLY HILLS, CALIFORNIAj
DEFENDANT AND CROSS··COMPLAINANT JOSEPH ZERNIK EX I
PAI<.TE APPLICATION FOR AN ORDER TO VACATE
IN PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND. Te
FIND PLAINTIFF'S ACTION A MALICIOUS PROSECUTION BASED
ON FRAUDULENT CLAIMSj
The matter is called for hearing.
PAGE: 134 01/07/10 14:59:05
CAS E II I S TOR Y
Santa Monica - West Di.strict
civil Division
rf k II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI II
I 'I
CAS E HIS TOR Y
Date Activity
After argument by all parties, the ex parte
applications are denied without pre=iudice for
reasons as reflected on the verbatim notes of thd
court reporter.
Counsel for plaintiff to give notice.
10/11/07 Event Complete
Ex-Parte Application
Motion Denied
10/11/07 Document Filed
Declaration MEMO
Clerk
IN RESPONSE TO PURPORTED
DISQUALIFICATION UNDER CCP.
SECTION 170.3 AND STRIKING
IMPROPER MOTION UNDER CCP SECTION
170.3
10/15/07 Document Filed
Affidavit of Prejudice - Premptory
MEMO
Defendant, & Defendant in Pro Per
NOTICE TO JUDGE SEGAL TO CEASE AND
REFIU\ME FROM ACTING AS PRESIDING
,JUDGE IN SAMAAN V ZERNIK ABSENT
DUE ASSIGNMENT AS REQUIRED BY LAW;
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph
Defend.nt, & Defendant in
10/16/07 Event I
Court Order
Allan J. Goodman
8:30 am
COURT ORDER AND DECLARATION IN RESPONSE TO PURPORTED
I
DISQUALIFICATION UNDER CCP SECTION 170.3 AND STR!KING
PAGE: 135
14:59:05
CAS E HIS TOR Y REP 0 R 'l;'
Santa Monica - West District
Civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
I

Date
PAGE: 136
CAS E HIS TOR Y
Activity
IMPROPER MOTION UNDER CCP SECTION 170.3;
The undersigned declares that he has not been sEjrved
with any "Filing for the Purpose of Immediate
Disqualification... " of which the declarant lEja:z:1ned
by accessing the Court's internet site on Monqay.,
October 8, 2007, and has not read the qf
the document apparently filed by the qn
October 4 in a different courtroom.
This declaration is to establish the above and
note that, on the date the purported
section 170.3 was filed, the declarant was no ldnger
assigned to this case. In fact, the declarant had,
sua sponte, recused himself from this case on Odtober
3, 2007 and had instructed his clerk to file
recusal, give notice thereof, and to have the ca,se
reassigned. That recusal was effected, also on
October 3, 2007, the day before the filing by the
defendant seeking the declarant's disqualifica,tilon.
This fact would explain why the October 4 by
the defendant was made elsewhere. I
As the October 4 filing seeks action relevant tq this
bench officer, to the extent this court has power
to strike the CCP 170.3 challenge as to this
officer, it is stricken. CCP 170.3(c) (4); see U:rhas
v. Harris (1991) 234 Cal.App.3d 415, 420
legally deficient statement must be stricken within
the 10 days permitted] . I
The Clerk will file this declaration and give notice
to the parties.
See signed declaration by the Court, filed andl
incorporated herein.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of
p1/07/10 14:59:05
CAS E HIS TOR Y REP 0 R or
Santa Monica - West District
Civil Division
:l
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERliIK
CAS E HIS TOR Y
Date Activity
r
above-entitled court, do hereby certify that] am not
a party to the cause herein, and that this date I
served Notice of Entry of the above minute order of
10/16/07 upon each party or counsel named below Iby
depositing in the United States mail at the Cdur1thouse
in W. Los Angeles, California, one copy of the
original entered herein in a separate sealed ~ n ~ e l o p e
for each, addressed as shown below with the PQsbage
thereon fully prepaid.
Date: October 16, 2007
John A. Clarke, Executive Officer/Clerk
By:
D. Salisbury
Sheppard, Mul.lin, Richter & Hampton
333 South Hope Street, 48th Floor
Los Angeles, CA. 90071-1448
Joseph Zernik
320 S. Peck Drive
BE=verly Hills, CA. 90212
10/16/07 Event Complete
Court Order
Court Makes Order
10/16/07 Document Filed
Notice of Ruling
Attorney for Plaintiff
On Behalf of SAMAAN, NIVIE
Plc!Lint:iff
Filed By Sheppard, Mullin, Richter & Hampton
Attqrti,ey for Plaintiff
10/16/07 Document Filed
Notice
MEMO
Defendant, & Defendant in Pro Per
PAGE: 137
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R l'
Santa Monica - West District
Ci vil Division
Ir
II
[I
Case Number 1 SC087400 NIVIE SAMAAN VS. JOSEPH
CAS E HIS TOR Y
Date Activity
DESIGNATING RECORD ON APPEAL.
Filed By ZERNIK, JOSEPH Defen4ant
10/16/07 Document
Notice
Clerk
Filed
MEMO
NTC TO ATTY IN RE NTC OF APPEAL
10/17/07 Event
Non-Appearance
John L. Segal
8:30 am
NON-APPEARANCE
(Case Review)
CASE REVIEW
Order striking statement of disqualification and
verified answer of Judge John L. Segal signed, filed,
and sent to all parties via U.S. Mail.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of
above-entitled court, do hereby certify that I not
a party to the cause herein, and that this dat,e I
served Notice of Entry of the above minute of
10/17/07 upon each party or counsel named below py
depositing in the United States mail at the courthouse
in Los Angeles, California, one copy of the
original entered herein in a separate sealed envelope
for each, addressed as shown below with the postage
thereon fully prepaid.
Date: October 17, 2007
PAGE: 138
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District:
Ci vil Division
!
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
ZEIUt
IK
CAS E HIS TOR Y
Date Activity
John A. Clarke, Executive Officer/Clerk
By:
ELMA MORA
SULLIVAN, WORKMAN & DEE LLP
ATTORNEY FOR DEFENDANT
CHARLES D. CUMMINGS
800 SOUTH FIGUEROA STREET, TWELFTH FLOOR
LOS ANGELES, CA 90017-2521
THE LAW DEPT. OF COLDWELL BANKER RESIDENT
ATTORNEY FOR CROSS-DEFENDANT
ROBERT J. SHULKIN
11611 SAN VICENTE BLVD., NINTH FLOOR
LOS ANGELES, CA 90049-6510
SHEPPARD, MULLIN, RICHTER & Hl\MPTON
ATTORNEY FOR PLAINTIFF
333 SOUTH HOPE STREET, 48TH FLOOR
LOS ANGELES, CA 90071-1448
JOSEPH ZERNIK
DEFENDANT & DEFENDANT IN PRO PER
320 SOUTH PECK DRIVE
BEVERLY HILLS, CA 90212
BRYAN CAVE
ATTORNEY FOR INTERVENOR
120 BROADWAY
SUITE 300
SA1TTA MONICA, CA 90401-2302
EDWARD A. HOFFMAN
ATTORNEY FOR DEFENDANT
11620 WILSHIRE BLVD.
SUITE 340
LOS ANGELES, CA 90025
PAGE: 139
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
I'
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH Z E ~ i K
: I
I I
CAS E HIS TOR Y
Date Activity
10/17/07 Event Complete
Non-Appearance
Order Issued
(Case Review)
10/17/07 Document
Order
Court
Filed
MEMO
STRIKING STATEMENT OF DISQUALIFI­
CATION AND VERIFIED ANSWER OF
JUDGE JOHN L. SEGAL
10/19/07 Scheduled Event
Motion for Sanctions
John L. Segal
11/05/07 at 8:30 am
10/19/07 Document Filed
Notice
Defendant, & Defendant in Pro Per
MEMO
RE: LIST OF DECLARATIONS
IN SAMAAN V. ZERNIK, FOR
WITH RECORDS FOR APPEAL.
ENTERED
INCLUSION
10/22/07 Event
Motion
Allan J. Goodman
8:30 am
DEFENDANT IN PRO
SAFEGRARD OF DUE
PER (JOSEPH ZERNIK)
PROCESS RIGHTS;
MOTION FOiR
MEMO
FOR SAFEGUARD
RIGHTS
REASSIGNED TO
TO 11/8/07
OF DUE PROCESS
DEPT. WEC, CONT.
PAGE: 140
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R 'r
Santa Monica - West District
ci vil Division
I
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNfK
CAS E HIS TOR Y
Date Activity
10/23/07 Document Filed
Ex-Parte Applicati.on
Defendant and Cross-Complainant
MEMO
FOR DUE PROCESS
14TH AMEND!VJENT,
PURSUANT TO THE
US CONSTITUTION
Filed By Zernik, Joseph Defendant, & Defendant in
10/23/07 Journa.l Entry
Pai.d By
$40.00
Zernik, Joseph
Other Pmnt
Defendant, & Defendant in
10/23/07 Scheduled Event
Ex-Parte Application
John L. Segal
10/23/07 at 8:30 am
10/23/07 Event
Ex-Parte Application
John L. Segal
8:30 am
DEFENDANT AND CROSS-COMPLAINANT
FOR DUE PROCESS PURSUANT TO THE
CONSTITUTION;
EX PARTE
14TH AMENDMENT', bs
The matter is called for hearing.
After argument by all parties,
matter under submission.
the Court t':lkes the
Notice is waived.
10/23/07 Event Complete
Ex-Pa:cte Application
Matter is taken under submission
PAGE: 141
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
civil Division
[I II
II Case Number: SCOB7400 NIVIE SAMAAN VS. JOSEPH ZEI?N!K
I
CAS E HIS TOR Y
Date Activity
10/23/07 Document Filed
Opposition MEMO
Attorney for Plaintiff
TO DEFENDANT'S EX PARTE
APPLICATION
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton Attorn+y for Plaintiff
10/23/07 Event
Ruling on Submitted Matter
John L. Segal
8:30 am
The Court now rules on the defendant's ex part¢
application argued and taken under submission i=m
October 23, 2007 as follows:
and cross-complainant's ex parte apPlilation
for due process pursuant to the 14th Amendment, bS
Constitution is denied.
Clerk to give notice via U.S. Mail.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of
above-entitled court, do hereby certify that I not
a party to the cause herein, and that this date
served Notice of Entry of the above minute orde1 of
10/23/07 upon each party or counsel named below Py
depositing in the United States mail at the c:our;thouse
in Los Angeles, California, one copy of the
original entered herein in a separate sealed
for each, addressed as shown below with the pasdage
thereon fully prepaid. I
Date: October 23, 2007
PAGE: 142
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
civil Division
rr
/I
lb
Case
-
Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIt<:
CAS E HIS TOR Y
Date Activity
J"ohn A. Executive Officer/Clerk
By:
ELMA MORA
SULLIVAN, WORKMAN & DEE, LLP
FOR DEFENDANT
CHARLES D. CUMMINGS
BOO SOUTH FIGUEROA ST., TWELFTH
LOS ANGELES, CA 90017-2521
FLOOR
THE LAW DEPT OF COLDWELL BANKER RESIDENT
ATTORNEY FOR CROSS-DEFENDANT
ROBERT J. SHULKIN, ESQ.
11611 SAN VICENTE BLVD., NINTH FLOOR
LOS ANGELES, CA 90049-6510
SHEPPARD, MULLIN, RICHTER & HAMPTON
ATTORNEY FOR PLAINTIFF
333 SOUTH HOPE STREET, 48TH FLOOR
LOS ANGELES, CA 90071-1448
ZERNIK
DEFENDANT, DEFENDANT IN PRO
320 SOUTH PECK DRIVE
BEVERLY HILLS, CA 90212
PER
BRYi;.N CAVE
ATTORNEY FOR INTERVENOR
120 BIWADWAY
SUITE 300
SANTA MONICA, CA 90401-2305
EDWARD A. HOFFMAN
ATTORNEY FOR DEFENDANT
11620 WILSHIRE BLVD.
SUITE 340
LOS ANGELES, CA 90025
PAGE: 143 01/07/10 14:59:05
----------
CAS E HIS TOR Y REP 0 H T
Santa Monica - West District
Civil Division
IF I Ii
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH "
lb 'I
CAS E HIS TOR Y
Date Activity
10/23/07 Event Complete
Ruling on Submitted Matter
Court's Ruling & Order Entered
10/25/07 Document Filed
Declarati.on MEMO
Defendant, & Defendant in Pro Per
OF JOSEPH ZERNIK
On Behalf of ZERNIK, JOSEPH Defendaht
Filed By Zernik, Joseph Defendaht, & Defendant in
10/25/07 Document Filed
Miscellaneous-Other MEMO
Defendant, & Defendant in Pro Per
COMPLAINT FILED WITH SUPERVISING
JUDGE
On Behalf of ZERNIK, JOSEPH DefeI1;di3jnt
Filed By zernik, Joseph & Defendant in
10/25/07 Document Filed
Miscellaneous-Other MEMO
Attorney for Plaintiff
RESPONDENT'S COUNTER-DESIGNATION
OF ADDITIONAL DOCUMENTS FOR
CLERK'S TRANSCRIPT.
10/26/07 Document Filed
Ex-Parte Application MEMO
Defendant, & Defendant in Pro Per
FOR DUE PROCESS
TWO ALTERNATIVE COURT ORDERS TO
DISAMBIGUATE ,JUDGE SEGAL'S
ASSIGNMENT STATUS
PAGE: 1440 01/07/10 14:59:05
CAS E HIS TOR Y REPOFlT
I
Santa Monica - West District
civil Division

IF
I
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZKRJ}rUC II
­
i
lb
CAS E HIS TOR Y
Date Activity
Filed By Zernik, Joseph & Defendant in
I
10/26/07 Journa.l Entry
$40.00
Other Pmnt
Paid By Zernik, Joseph Defendant, & Defendant in
10/26/07 S'chedu.Ied Event
Ex·-Parte Application
John L. Segal
10/26/07 at 8:30 am
10/26/07 Event
Ex-Parte Application
J-ohn L. Segal
8: 30 am
DEFENDANT AND CROSS-COMPLAINANT'S EX PARTE APPLlqATION
FOR DUE PROCESSi
The matter is called for hearing as reflected onlthe
notes of the court reporter. After argument by
defendant, the Court takes the matter under
submission.
Notice is waived.
10/26/07 Event Complete
Ex-Parte Application
Matter is taken under submission
10/26/07 Event
Ruling on Submitted Matter
,John L. Segal
8:30 am
The Court now rules on defenda.nt's ex parte
application argued and taken under submission bn
October 26, 2007 as follows:
I
PAGE: 01/07/10 14:59:05
CAS E HIS TOR Y REP 0 Ft T
Santa Monica - West District
Civil Division
J
ff
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
II
II
-!
CAS E HIS TOR Y
Date Activity
Defendantls ex parte application for due procesfl ii.s
denied. '
Clerk to give notice via U.S. Mail.
CLERKIS CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of the!
above-entitled court, do hereby certify that I not
a party to the cause herein, and that this date Ii
served Notice of Entry of the above minute order pf
I
10/26/07 upon each party or counsel named below bf
depositing in the United States mail at the court ouse
in Los Angeles, California, one copy of the
original entered herein in a separate sealed envep'ope
for each, addressed as shown below with the
thereon fully prepaid. I
Date: October 26, 2007
John A. Clarke, Executive Officer/Clerk
By:
-------------_.
ELMA MORA
THE LAW DEPT. OF COLDWELL BANKER RESIDENT
.hTTORNEY FOR CROSS - DEFENDANT
ROBERT J. SHULKIN
11611 SAN VICENTE BLVD., NINTH FLOOR
LOS ANGELES, CA 90049-6510
.JOSEPH ZERNIK
DEFENDANT & DEFENDANT IN PRO PER
320 SOUTH PECK DRIVE
BEVERLY HILLS, CA 90212
BRYAN CAVE
I
PAGE: 146 01/07/10 14:59:05
I
II
CAS E HIS TOR Y REP 0 It T
Santa Monica - West District
Civil Division
rF'=====
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNn<
Ib
CAS E HIS TOR Y
Date Activity
ATTORNEY FOR INTERVENOR
120 BROADWAY
SUITE 300
SANTA MONICA, CA 90401-2305
EDWARD A. HOFFMAN
ATTORNEY FOR DEFENDANT
11620 WILSHIRE BLVD.
SUITE 340
LOS ANGELES, CA 90025
10/26/07 Event Complete
Ruling on Submitted Matter
Court's Ruling & Order Entered
10/26/07 LFournal Entry
$40.00
Other Pmnt
On Behalf of SAMAAN, NIVIE
Filed By Sheppard, Mullin, Richter & Hampton
10/26/07 Document Filed
Notice of Motion
Attorney for Plaintiff
FOR APPOINTMENT OF RECEIVER
On Behalf of SAMAAN, NIVIE
Filed By Sheppard, Mullin, Richter & Hampton
10/30/07 Document Filed
Notice
Defendant, & Defendant in Pro Per
OF ERRATA
On Behalf of ZERNIK, JOSEPH
Filed By Zernik, Joseph
['I
Plaintiff
I I"
Attorney for P
MEMO
Plaintiff
for Plaintiff
, I
MEMO
Defendant
Defendant, & Defendant in
PAGE: 147 14:59:05
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CAS E HIS TOR Y
Santa Monica - West District I
Civil Division
Ir
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIf
lh - 'I
I
CAS E HIS'rORY
Date Activity
10/30/07 Document Filed
Declaration MEMO
Defendant, & Defendant in Pro Per
RE DEX PARTE APPEARANCE 10/26/07
On Behalf of ZERNIK, JOSEPH Defendaht
[
Filed By Zernik, Joseph Defenpaj:1t, & Defendant in
I
11/05/07 Event
Motion for Sanctions MEMO
A.llan ,J. Goodman
8:30 am
DEFENDANT IN PRO PER (JOSEPH ZERNICK, DMD, PHD)
MOTION FOR SANCTIONS PURSUANT TO CALIFORNIA COSE OF
CIVIL PROCDURE 128 FOR ARGUMENTS AND EVIDENCE
PRESENTED IN PLAINTIFF'S OPPOSISTION AND SUR-REPLY TO
DEFENDANT'S MOTION TO EXPUNGE I,IS PENDENS ,AND Td
AWARD REASONALABLE ATTORNEY'S FEES lrnD COSTS
DECLARATION OF JOSEPH ZERNICK IN SUPPORT THEREQF;
REASSIGNED TO DEPT. C, CONT TO
11/8/07
11/05/07 Event
Motion for Sanctions MEMO
L. Segal
8:30 am
DEFENDANT IN PRO PER JOSEPH SERNIK MOTION FOR
SANCTIONS PURSUANT TO CALIFORNIA CODE OF CIVIL
PROCEDURES 128 FOR ARGUMENTS AND EVIDENCE PRESENTED
IN PLAINTIFF'S OPPOSITION AND SUR-REPLY TO
MOTION TO EXPUNGE LIS PENDENS AND TO AWARD
ATTORNEY'S FEES AND COSTS;
FEES NOT PAID
PAGE: 148 01/07/10 14:59:05
CAS E HIS TOR Y REPOFtT
Santa Monica - West District
civil Division
Ir 11
II Case Number-: SC087400 NIVIE SAMAAN VS. JOSEPH
II
[L JI
CAS E HIS TOR Y
Date Activity
11/05/07 Document Filed
Ex-Parte Application MEMO
Attorney for Plaintiff
FOR AN ORDER SHORTENING TIME ON
PLAINTIFF'S MOTION FOR APPOINTMENT
OF A RECEIVER
On Behalf of SAMAAN, NIVIE
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
n/05/07 Journal Entry
$40.00
Other Pmnt
On Behalf of SAMAAN, NIVIE Plainti,ff
Paid By Sheppard, Mullin, Richter & Hampton for Plaintiff
n/05/07 Scheduled Event
Ex-Parte Application
John L. Segal
11/05/07 at 8:30 am
11/05/07 Event
Ex-Parte Application
John L. Segal
8:30 am
PLAINTIFF NIVIE SAMAAN EX PARTE APPLICATION FOR AN
ORDER SHORTENING TIME ON PLAINTIFF'S MOTION FOR
APPOINTMENT OF A RECEIVER;
The matter is called for hearing as reflected in the
notes of the court reporter incorporated herein.
The hearing on plaintiff's motion to appoint a
receiver is advanced from November 20, 2007 to
November 9, 2007, 9:00 a.m., in Department WE-Q.
Defendant's opposition is currently due Novemb$r 6,
PAGE: 149 91/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
ci vil Di vi si 011
Ii
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date Activity
2007. Defendant may have two extra days to
opposition, so that defendant's opposition is now
due November 8, 2007, 2:00 p.m.
Plaintiff waives reply.
Clerk to give notice via U.S. Mail.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of
above-entitled court, do hereby certify that r am not
a party to the cause herein, and that this date I
served Notice of Entry of the above minute order of
11/05/07 upon each party or counsel named belc\w by
depositing in the United States mail at the cc\urthouse
in Los Angeles, California, one copy of the
original entered herein in a separate sealed
for each, addressed as shown below with the postage
thereon fully prepaid.
Date: November 5, 2007
John A. Clarke, Executive Officer/Clerk
By:
ELMA MORA
THE: LAW DEPT. OF COLDWELL BANKER RESIDENT
ATTORNEY FOR CROSS-DEFENDANT
ROBERT J. SHULKIN, ESQ
11611 SAN VICENTE BLVD., NINTH FLOOR
LOS ANGELES, CA 90049-6510
SHEPPARD, MULLIN, RICHTER & HAMPTON
ATTORNEY FOR PLAINTIFF
333 SOUTH HOPE STREET, 48TH FLOOR
LOS ANGELES, CA 90071-1448
PAGE: 150
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
Ir
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZEfNt!:K
II
CAS E HIS TOR Y
Date Activity
JOSEPH ZERNIK
DEFENDANT & DEFENDANT IN PRO
320 SOUTH PECK DRIVE
BEVERLY HILLS, CA 90212
PER
BRYAN CAVE
ATTORNEY FOR INTERVENOR
120 BROADWAY
SUITE 300
SANTA MONICA, CA 90401-2305
EDWARD A. HOFFMAN
ATTORNEY FOR DEFENDANT
11620 WILSHIRE BLVD.
SUITE 340
LOS ANGELES, CA 90025
11/ 05/0'7 Documen t F.il ed
Opposition
Defendant, & Defendant in Pro Per
MEMO
TO PLAINTIFF'S EX PARTE APPEARANCE
ON NOVEMBER 5, 2007-FOR SHORTENED
NOTICE HEARING OF MOTION FOR
APPOINTMENT OF A RECEIVER
Filed By Zernik, Joseph
Defendant, & Defendant in
11/05/07 Document Filed
Notice
Defendant, & Defendant in Pro Per
MEMO
OF JUDGMENT OF COURT PURSUANT TO
CCP SECTION 437c AUGUST 9, 2007
Filed By Zernik, Joseph
D e f e n ~ a n t , & Defendant in
11/05/07 Document Filed
Miscellaneous-Other
Defendant, & Defendant in Pro Per
MEMO
PAGE: 151
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CAS E HIS TOR Y REPOFtT
San ta Moni ca - West District
Civil Division
rr= i 1
Case Number; SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI*
l!=
CAS E HIS TOR Y
Date Acti vity
COMPLAINT SUBMITTED TO SUPERVISING
JUDGE & DEMAND FOR IMMEDIATE
DISAMBIGUATION: 1) WERE JUDGES
GOODMAN, BIDERMAN, AND SEGAL EVER
DULY ASSIGNED AS PRESIDING JUDGES
IN SAMAAN V ZERNIK, AS REQUIRED BY
Filed By Zernik, Joseph Defendant, & Defendant in
I
11/05/07 Event Complete
Ex··Parte Application
Motion Granted
11/05/07 Event Complete
Motion for Sanctions MEMO
Off Calendar
FEES NOT PAID
11/05/07 Event Complete
IVrotion MEMO
Advanced to this date & continued
FOE APPOINTMENT OF RECEIVER
11/05/07 Scheduled Event
Motion MEMO
L. Segal
11/09/07 at 9:00 am
FOR APPOINTMENT OF RECEIVEI<­
11/05/07 Document Filed
Notice of Ruling
Attorney for Defendant
Filed By Cave, Bryan for Intervenor
PAGE: 152 01/07/10 14:59:05
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Santa Monica - West District
civil Division
rr=====:
" Case Number:
LI:,=====
SC087
L
I00
NIVIE SAMAAN VS. JOSEPH
r 'I
CAS E HIS TOR Y
Date Activity
On Behalf of Countrywide Home Loans, Inc. Defendant
11/07/07 Event
Motion for New Trial
Allan J. Goodman
8:30 am
DEFENDANT IN PRO PER
TRIAL;
(JOSEPH ZERNICK) MOTION FOR NEW
I
MEMO
REASSIGNED TO DEPT. C AND
CONTINUED TO 11/8/07
11/08/07 Event
Status Conference
.::roI3eph S. Biderman
8:30 am
STATUS CONFERENCE
MEMO
DEFENDANT'S (JOSEPH ZERNIK ) :
MOTION FOR SAFEGUARD OF DUE PROCESS RIGHTS
FOR SANCTIONS PURSUANT TO CALIFORNIA. CODE OF
CIVIL PROCEDURE SECTION 128 FOH. ARGUMENTS AND EV1DENCE
PRESENTED IN PLAINTIFF'S OPPOSITION AND SUR-REPLY TO
DEFENDANT'S MOTION TO EXPUNGE LIS PENDENS, AND Tc$
REASONA.:BLE ATTORNEY'S FEES AND COSTS
lv10TION FOR NEW TRIAL
DEFT'S (JOSEPH ZERNIK) MOTION
FOR SAFEGUARD OF DUE PROCESS
RIGHTS
MOTION FOR SANCTIONS
-­ MOTION FOR NEW TRIAL
PAGE: 153 01/07/10 14:59:05
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Santa Monica - West District
civil Divis.ion
rr=:=====
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
l!:===== ============= ====F
CAS E HIS TOR Y
Date Activity
11/09/07 Event
!Vlot:ion MEMO
J·ohn L. Segal I
9: 00 am
PLAINTIFF NIVIE SAMAAN MOTION FOR APPOINTMENT OF
F.ECEIVER;
DEFENDANT AND CROSS-COMPLAINANT JOSEPH ZERNIK'S
EX PARTE APPLICATION FOR A SHORTENED NOTICE HEAR:DNG
OF THE MOTION FOR AN ORDER TO SET BOND;
DEFENDANT AND CROSS-COMPLAINANT JOSEPH ZEH.NIKI ~
EX PARTE APPLICATION FOR ORDER ESTABLISHING Cl\LENDAR
FOR HEARINGS OF MOTIONS THAT WERE FILED AND SERVEfD,
BUT THEIR HEARINGS VACATED WITH THE CHANGES OF JQTIGES;
The matter is called for hearing.
After argument by all parties, the matter is t . k ~ n
under submission.
Notice is waived.
IlCOR APPOINTMENT OF RECEIVER
11/09/07 Document Filed
Ex-Parte Application MEMO
Defendant and Cross-Complainant
FOR A SHORTENED NOTICE OF HEARING
OF A MOTION FOR A ORDER TO SET
A BOND
I
Filed By Zernik, Joseph & Defendant in
Defenlnt,
11/09/07 Journal Entry
$40.00
PAGE: 154
14:59:05
1°1/07/10
II
CAS E HIS TOR Y REP 0 H T
San ta Moni ca - West District
civil Division
rr
Case Number: SC087400 NIVIE SAMAAN.VS. JOSEPH

Date
Paid By
11/09/07
Filed By
11/09/07
Paid By
11/09/07
Filed By
11/09/07
On Behalf of
CAS E HIS TOR Y
Activity
Other Pmnt
Zernik, Joseph
Document Filed
Ex·-Parte Application
Defendant and Cross-Complainant
FOR ORDER ESTABLISHING CALENDAR
FOR HEARINGS OF MOTIONS THAT WERE
FILED AND SERVED, BUT THEIR HEARIN
GS VACATED WITH THE CHANGES OF
J1IDGES
Zernik, Joseph
Journal Entry
$40.00
Other· Pmnt
Zernik, Joseph
Document Filed
Opposition
Defendant and Cross-Complainant
TO PLAINTIFF'S SHORTENED NOTICE
rilOTION FOR APPOINTMENT OF A
RECEIVER
Zernik, Joseph
Document Filed
Order
Attorney for Plaintiff
APPOINTING DAVID J. PASTERNAK AS
RECEIVER
SAMAAN, NIVIE
Defendant, & Defendant in
MEMO
& Defendant ln
Defendant, & Defendant in
MEMO
Defendq.nt, & Defendant in
MEMO
I
ff
PAGE: 15:;
. 1/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
rl'F=-====:
II
l'
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERN]K
'I
CAS E HIS TOR Y
Date
Filed By Sheppard, Mullin,
Activity
Richter & Hampton
r-----r
for Plaintiff
11/09/07 Event Complete
Motion
rlJotion Granted
MEMO
FOR APPOINTMENT OF RECEIVER
11/09/07 Event
Ruling on Submitted Matter
,John L. Segal
2:00 pm
The Court now rules on plaintiff's motion for
appointment of receiver and defendant's ex parte
applications argued and taken under submission 0*
November 9, 2007 as follows:
Plaintiff's motion for appointment
granted. Order appointing David J.
receiver signed and filed.
of receiver i$
Pasternak ai?
Defendant's ex parte application for order
establishing calendar for hearings is granted in part
and denied in part. Hearing on defendant's motion for
a new trial is set on November 14, 2007 at 8:30 a.m.,
in Department WE-O.
Defendant's ex parte application for shortened n?tice
hearing of the motion for an order to set bond i$
denied.
Clerk to give notice via U.S. Mail.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of thy
above-entitled court, do hereby certify that I not
a party to the cause herein, and that this t
PAGE: 156
pl/07/10 14:59:05
CAS E HIS TOR Y REP 0 R '.I!'
I
Santa Monica - West District
civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
~
z ~ IK
-II
"
Date
CAS E
HIS ~ 0 R Y
ActlVlty
. I
~
Date: November 9, 2007
John A. Clarke, Executive Officer/Clerk
By:
ELMA MORA
THE LAW DEPT OF COLDWELL BANKER RESIDENT
ATTORNEY FOR CROSS-DEFENDANT
ROBERT J. SHULKIN, ESQ
11611 SAN VICENTE BLVD., NINTH'FLOOR
LOS ANGELES, CA 90049-6510
SHEPPARD, MULLIN, RICHTER & HAJ'r1PTON
ATTORNEY FOR PLAINTIFF
333 SOUTH HOPE STREET, 48TH FL¢OR
LOS ANGELES, CA 90071-1448
JOSEPH ZERNIK
DEFENDANT, & DEFENDANT IN
320 SOUTH PECK DRIVE
BEVERLY HILLS, CA 90212
PROPER
BRYA.N CAVE
ATTORNEY FOR INTERVENOR
120 BROADWAY
SUITE 300
SP.NTi\ MONICA, CA 90401-2305
EDWARD .A. HOFFMAN
ATTORNEY FOR DEFENDANT
11620 WILSHIRE BLVD.
PAGE: 157
01/07/10 14:59:05
CAS E HIS T 0 It Y REP 0 R or
I
San ta Monica - West District
I
Civil Division I

II
II
Case Number: SC087400 NIVIE SAMAAN VEl.
JOSEPH
II
II
I' II
CAS E HIS T () R Y
Date Activity
SUITE 340
LOS ANGELES, CA 90025
11/09/07 Event Complete
Ruling on Submitted Matter
Court's Ruling & Order Entered
11/09/07 Scheduled Event
Motion for New Trial
John :L. Segal
11/14/07 at 8:30 am
11/09/07 Document Filed
Miscellaneous-Other MEMO
Attorney for Defendant
LETTER FROM ATTORNEY EDWARD A.
HOFFMAN, LISTED AS ATTORNEY FOR
DEFEENDANT IN ERROR.
Filed By Hoffman, Edward A.
Former' Attorney for Defen
11/13/07 Document Filed
Miscellaneous-Other
Receiver
Filed By PASTERNAK, PASTERNAK & PATTON
Rece;i.vrr
11/13/07 Document Filed
Opposition
Attorney for Plaintiff
MEMO
TO MTN FOR A NEW TRIAL
On Behalf of
Filed By
SAMAAN, NIVIE
Sheppard, Mullin, Richter & Hampton
Plaihtlff
y for Plaintiff
11/13/07 Document Filed
Request for Judicial Notice
Attorney for Plaintiff
PAGE: 158
91/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
fr
/I Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date Activity
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton for Plaintiff
11/13/07 ,Iournal Entry
$40.00
Other Pmnt
On Behalf of ZERNIK, JOSEPH Defendijint
Filed By Zernik, Joseph & Defendant in
11/13/07 Document Filed
Notice of Motion MEMO
Defendant, & Defendant in Pro Per
FOR NEW TRIAL
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph
& Defendant in
11/13/07 Document Filed
Undertaking filed
:Jefendant
On Behalf of PASTERNAK, PASTERNAK & PATTON Receiver
11/14/07 Event
Motion for New Trial
,John L. Segal
8:30 am
DEFENDANT JOSEPH ZERNIK MOTION FOR NEW
The matter is called hearing. There is no appearrnce
by defendant and moving party.
Defendant's motion for a new trial is denied.
Clerk to give notice via U.S. Mail.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
PAGE: 159
P1/07/10 14:59:05
CAS E HIS TOR Y REP 0 :R T
Santa Monica - West District
civi-l Division
If
II
l!:
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
I
ZERNI)<
II
II
'I
CAS E HIS TOR Y
Date Activity
I, the below named Executive Officer/Clerk of
above-entitled court, do hereby certify that I am not
a party to the cause herein, and that this date Ii
served Notice of Entry 0= the above minute order of
11/14/07 upon each party or counsel named below by
depositing in the United States mail at the courthouse
in l,os Angeles, California, one copy of the
original entered herein in a separate sealed eqvdlope
for each, addressed as shown below with the
thereon fully prepaid.
Date: November 14, 2007
John A. Clarke, Executive Officer/Clerk
By:
ELMA MORA
THE LAW DEPT. OF COLDWELL BANKER RESIDENT
ATTORNEY FOR CROSS-DEFENDANT
ROBERT J. SHULKIN
11611 SAN VICENTE BLVD., NINTH FLOOR
LOS ANGELES, CA 90049-6510
SHEPPARD, MULLIN, RICHTER & HAMPTON
ATTORNEY FOR PLAINTIFF
333 SOUTH HOPE STREET, 48TH FLOOR
I,OS ANGELES, CA 90071-1448
JOSEPH ZERNIK
DEFENDANT, & DEFENDANT IN PRO
320 SOUTH PECK DRIVE
BEVERLY HILLS, CA 90212
PER
BRYAN CAVE
ATTORNEY FOR INTERVENOR
120 BROADWAY
SUITE 300
SANTA MONICA, CA 90401-2305
PAGE: 160
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CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
civil Divi.sion
rr======
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
l1 'I
CAS E HIS TOR Y
Date Activity
PASTERNAK, PASTERNAK & PATTON
RECEIVER
1875 CENTURY PARK EAST
SUITE 2200
1,08 ANGELES, CA 90067
11/14/07 Event: Complete
Motion for New Trial
Motion Denied
11/15/07 LTournal Entry
Received - Civil Filing Fee
$320.00
Other Pmnt
MEMO
Document Filed
Notice of Motion
Attorney for Moving Party
Cave, Bryan
Countrywide Home Loans, Inc.
Filed By
On Behalf of
11/15/07
Filed By
On Behalf of
MOTION TO ENFORCE THE JULY 23,
2007 PROTECTIVE ORDER
Cave, Bryan
Countrywide Home Loans, Inc.
. 'I
1l,ttOl;:nEfY for

for
DefendAnt
Intervenor
Intervenor
11/16/07 Document Filed
Notice
Attorney for Respondent
MEMO
ATTORNEY
ERRATA
FOR NON-PARTY NOTICE OF
Filed By
On Behalf of
Cave, Bryan
Countrywide Home Loans, Inc.
for
Defehdknt
Intervenor
11/16/07 Document Filed
Proof of Service
Attorney for Defendant
PAGE: 161 01/07/10 14:59:05
CAS E HIS TOR Y REP 0 JR T
Santa Monica - West District
Civil Division
If
II
l!
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI;K
II
II
'I
CAS E HIS TOR Y
Date Activity
Filed By Cave, Bryan Attorne,y for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defenda,nt
Filed By Shatz, Sanford Former Attorney for Defen
11/20/07 Event
Motion MEMO
,::rohn L. Segal
8: 30 am
PLAINTIFF NIVIE SAMAAN MOTION FOR APPOINTMENT OF
REVEIVER;
FOR APPOINTMENT OF RECEIVER
11/20/07 Event
Motion MEMO
John L. Segal
8:30 am
FOR APPOINTMENT OF RECEIVER
11/20/07 Document Filed
Opposition
MEMO
Attorney for Plaintiff
TO DEFENDANT'S EX PARTE APPL.
On Behalf of SAMAAN, NIVIE Plaintlff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
I
11/20/07 Journal Entry
$40.00
Other Pmnt
On Behalf of ZERNIK, JOSEPH Defendant
Paid By Zernik, Joseph
D e f e n d ~ n t , & Defendant in
PAGE: 162
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 1<'. T
Santa Monica - West District
civil Division
rr=====
" Case Number: SC087400
NIVIE SAMAAN VS. JOSEPH zEd-Ilk
l!: ===================:
CAS E HIS TOR Y
Date Activity
11/21/07 Event
Ex-Parte Application
John L. Segal
8:30 am
1. RECEIVER'S EX PARTE APPLICATION FOR THE ISSUANf=:E
OF AN ORDER (1) ORDERING DEFENDANT J'OSEPH ZERNICKj AND
A.LL OTHER OCCUPANTS TO IMMEDIATELY VACATE THE
RECEIVERSHIP REAL PROPERTY AND DIRECTING THE LOp
ANGELES COUNTY SHERIFF'S DEPARTMENT TO ENFORCE THAT
ORDER IN THE SAME MANNER AS THEY ENFORCE A ftlRIT 0iF'
EXECUTION AFTER THE ISSUANCE OF AN UNLAWFUL DETAINER
JUDGMENT, OR ALTERNATIVELY (2) AUTHORIZING THE
RECEIVER TO FILE AN UNLAWFUL DETAINER LAWSUIT AGAINST
DEFENDANT JOSEPH ZERNICK AND ALL OTHER OCCUPANTIS
OF THE RECEIVERSHIP REAL PROPERTY;
2. DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLICl\TI:ON
FOR ORDER FOR TEMPORARY STAY OF ENFORCEMENT OF
JUDGMENT PENDING HEARING OF MOTION TO SET BOND Fd,R
APPEAL;
Matters are called for hearing and argued.
Matters stand submitted.
LATER:
Court issues its ruling on submitted matters as
follows:
Defendant's Ex Parte Application for Order for I
Temporary Stay of Enforcement of Judgment
Hearing of Motion to Set Bond For Appeal, as
captioned above, is DENIED.
ver I s Ex Parte Application for an order
defendant J'oseph Zernick and all other occupanhs I to
immediately vacate the receivership real propekty and
directing the Los Angeles County Sheriff's
PAGE: 163 ll/07/10 14:59:05
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CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
rr=
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
lb --'
,
I
CAS E HIS TOR Y
Date Activity
to enforce the order in the same manner as they
enforce a writ of execution after the issuance bf an
unlawful detainer judgment is GRANTED.
Order orderi.ng defendant Joseph Zernick and all other
occupants to immediately vacate the receivership
real property is signed and filed this date. '
Clerk to give notice.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of t,hej
a.bove-entitled court, do hereby certify that I am not
a. party to the cause herein, and that this date r
served Notice of Entry of the above minute of
1.1/21/07 upon each party or counsel named belo,,!
depositing in the United States mail at the courdhouse
i.n Santa Monica, California, one copy of the I
original entered herein in a separate sealed
for each, addressed as shown below with the
thereon fully prepaid.
Date: November 21, 2007
John A. Clarke, Executive Officer/Clerk
By:
------------_.
N. Estrada, Clerk
DAVID J. PASTERNAK
:RECEIVER
1875 CENTURY PARK EAST, SUITE 2200
LOS ANGELES, CA 90067
PAGE: 164 1/07/10 14:59:05
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Santa Monica - West District
Civil Division
rr=======
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
!b,======
CAS E
Date Activity
JOSEPH ZERNIK
IN PRO PER
320 S. PECK AVENUE
BEVERLY HILLS, CA 90212
11/21/07 Event Complete
Ex-·Parte Application
Matter is taken under submission
11/21/07 DOCUInent Filed
Ex··Parte Application
Defendant, & Defendant in Pro Per
On Behalf of ZERNIK, JOSEPH Defendapt
Filed By Zernik, Joseph Defendant, & Defendant in
11/21/07 Document Filed
Declaration
Defendant, & Defendant in Pro Per
On Behalf of ZERNIK, JOSEPH Defenda,nt
Filed By Zernik, Joseph & Defendant in
11/21/07 Document Filed
Miscellaneous-Other MEMO
Defendant, & Defendant in Pro Per
DEMAND FOR NOTICE BY BUYER
On Behalf of ZERNIK, JOSEPH DefendCj.nt
Filed By Zernik, Joseph Defendtnt, & Defendant in
11/21/07 Document Filed
Notice MEMO
Defendant, & Defendant in Pro Per
OF CONTRACT FOR PURCHASE OF REAL
PROPERTY COMMONLY KNOWN AS
320 SOUTH PECK DR. BEVERLY HILLS
PAGE: 165 b1/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Divis_ion
I
Ir i ' II
11 Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERi;u:«
Ib 'I
CAS E HIS'rORY
Date Activity
1
On Behalf of ZERNIK, JOSEPH Defendaht
Filed By Zernik, Joseph Defendant, & Defendant in
11/21/07 Document Filed
Ex--Parte Application
Receiver
' I
Filed By PASTERNAK, PASTERNAK & PATTON Recel'vea::
11/21/07 Journal Entry
$40.00
Other Pmnt
Paid By PASTERNAK, PASTERNAK & PATTON
11/21/07 Document Filed
Order MEMO
Receiver
ordering defendant Joseph zernick
and all other occupants to
immediately vacate the receiver­
ship real property
Filed By PASTERNAK & PATTON
11/26/07 Document Filed
Notice MEMO
Defendant, & Defendant in Pro Per
RE 170.3 AND DECr, OF JOSEPH ZERNIK
On Behalf of ZERNIK, JOSEPH
DefeIlldlnt
Filed By Ze:rnik, Joseph nt, & Defendant in
11/27/07 Docum€?nt Filed
Amended Proof of Service MEMO
Attorney for Plaintiff
AMENDED PROOF OF SERVICE
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Filed By Cave, Bryan
On Behalf of Countrywide Home Loans, Inc.
11/28/07 Document Filed
Miscellaneous-Other
Defendant, & Defendant: in Pro Per
COMPLAINT FILED WITH SUPERVISING
JUDGE
On Behalf of ZERNIK, JOSEPH
Filed By Zernik, Joseph
11/28/07 Document Filed
Proof of Servi.ce
Attorney for Defendant
SECOND AMENDED PROOF OF SERVICE
Filed By Cave, Bryan
On Behalf of Countrywide Home Loans, Inc.
11/29/07 Documen t F i 1ed
Notice
Receiver
NOTICE OF ISSUANCE OF ORDER
Filed By PASTERNAK, PASTERNAK & PATTON
12/03/07 Document Filed
Declaration
Objector
NON-PARTY
Filed By Cave, Bryan
On Behalf of Countrywide Home Loans, Inc.
Attorney for Intervenor
Defendant
MEMO
Defendant
Defendant, & Defendant in
MEMO
A.ttorney for Intervenor
D e f e ~ d a n t
MEMO
ReceivEtr
MEMO
Atto<nL for Intervenor
I
Defendant
I
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Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNII,<
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CAS E HIS TOR Y
Date Activity
12/04/07 Event
Non-Appearance
John L. Segal
8; 30 am
NON-APPEARANCE
(Case Review)
CASE REVIEW
Order Striking Statement of Disqualification;
Disclosure of Stock Ownership; Determination to
Recuse signed and filed.
Clerk to give notice via U.S. Mail.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of the
above-entitled court, do hereby certify that I a ~ not
a party to the cause herein, and that this date ~
served Notice of Entry of the above minute order of
12/4/07 upon each party or counsel named below by
depositing in the United States mail at the courtihouse
in Los Angeles, California, one copy of the
original entered herein in a separate sealed e n v ~ l o p e
for each, addressed as shown below ,.... ith the postage
thereon fully prepaid.
Date: December 5, 2007
,John A. Clarke, Executive Officer/Clerk
By:
ELMA MORA
THE LAW DEPT. OF COLDWELL BANKER RESIDENT
ATTORNEY FOR CROSS-DEFENDANT
ROBERT J. SHULKIN, ESQ
11611 SAN VICENTE BLVD., NINTH FLOOR
LOS ANGELES, CA 90049-6510
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Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
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CAS E H I S ~ r O R Y
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SHEPPARD, MULLIN, RICHTER & HAMPTON
ATTORNEY FOR PLAINTIFF
333 SOUTH HOPE STREET, 48TH FLOOR
LOS ANGELES, CA 90071-1448
JOSEPH ZERNIK
DEFENDANT, & DEFENDANT IN PRO PER
320 SOUTH PECK DRIVE
BEVERLY HILLS, CA 90212
BRYAN CAVE
ATTORNEY FOR INTERVENOR
120 BROADWAY
SUITE 300
SANTA MONICA, CA 90401--2305
PASTERNAK, PASTERNAK & PATTON
RECEIVER
1875 CENTURY PARK EAST
SUITE 2200
LOS ANGELES, CA 90067
SHATZ, SANFORD
ATTORNEY FOR DEFENDANT
5220 LAS VIRGENES ROAD, MS: AC-l1
CALABASAS, CA 91302
12/04/07 Event Complete
Non-hppearance (Case Review)
Order Issued
12/04/07 Event
Case Ordered Reassigned
.John L. Segal
8: 30 am
NON-APPEARANCE CASE REVIEW/JUDGE'S RECUSAL
ORDER STRIKING STATEMENT OF DISQUALIFICATION;
DISCLOSURE OF STOCK OWNERSHIP; DETERMINATION TO
I
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" Case Number:
SC087400 NIVIE SAMAAN VS. JOSEPH ZERtfII{".
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RECUSE
Although judgment was entered on the complaint in
this action before this action was assigned to the
undersigned judge, a number of post-judgment
remain to be resolved. Plaintiff and
Joseph Zernik has sought to attack the judgment bJt
filing dozens of post-judgment ex parte
and motions, including several challenges for
against many of the judges who have participateCl
these proceedings. Most recently, Mr. Zernik on
November 26, 2007, a pleading which appears to be:
intended as a statement of disqualification for
cause. In it he sets forth his opinion and
that the entire court system has conspired
him. Stripped of his inadmissible conclusions apdl
speculation, Mr. Zernik complains of difficulty 1ith
the clerk I s office in reviewing complete copies o:f
the entire, multi-volume case file, apparently
complains of discrepancies between the case file and
the court's computerized, electronic docket of caurt
events and filed documents, and complains of
rulings of the various trial judges who have preSided
in this matter, which rulings he contends are
incorrect, unwarranted, or unfair. As to the
undersigned judge, who has only briefly in
this matter, Mr. Zernik contends that
is warranted because certain mot.ions have been
and that the court has discussed the case with tl1e
parties on the record. As indicated below, sucq
contentions do not, as a matter of law, consti¢uije
grounds for disqualification for cause. The
demonstrates on its face no legal grounds for
disqualification. Accordingly, it is stricken
pursuant to Code of Civil
Procedure §170.4, subdivision (b). I
Code of Civil Procedure §170. 3 (c) (1) requirrs
that t:he disqualification statement set forth
"the facts constituting the grounds" for
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disqualification of the judge. Mere conclusions of
the pleader are insufficient. In re Morelli (1978)
11 Cal.App.3d 819, Cal.App.3d 41!), 426. The statement
of disqualification cannot be based upon
and belief, hearsay, or other inadmissible
evidence. See United Farm Workers of America,
v. Superior Court (1985) 170 Cal.App.3d 97, note at
106 (disqualification cannot be based upon hearsay
or other inadmissible evidence). Cf., Anastos v.'Lee
(2004) 118 Cal.App.4th 1314, 1319 (declarations ip
support of a Code of Civil Procedure section 473
motion must include proper foundation, i.e., personal
knowledge.). A party's belief as to a Judge's biap and
prejudice is irrelevent and not controlling in a
motion to disqualify for cause, as the teat applied is
an obj ective one. United Farm Workers of v.
Superior Court (1985) 170 Cal.App.3d 97, 104;
Stanford University v. Superior Court (19135) 173
Cal.App.3d 403, 408 (ltthe litigants' necessarily
partisan views do not provide the applicable frame of
reference. It R.ulings and findings do not constitute a
valid basis for disqualification. As stated by the
California Supreme Court in People v. Guerra (200,6)
37 Cal. 4th 1067,1112, "a trial court's numerous
rulings against a party- ·-even when erroneous - -·do not
establish a charge of judicial bias, especially when
they are subject to review.
1t
I
Because the statement of disqualification its
face discloses no legal grounds for disqualificat;ion,
it is ordered stricken pursuant to Code of Civil I
Procedure §170.4, subdivision (b). The parties ire
reminded that this determination of the quest:i.<;m of
the disqualification is not an appealable ordeJt
may be reviewed only by a writ of mandate from
Court of Appeal sought within 10 days of notice to
the parties of the decision. In the event that a
timely writ is sought and an appellate court I
determines th,,,t an answer should have been
filed, such an answer is filed herewith. See PEA)
LLC v. KPOD, LTD (2003) 112 Cal.App.4th 96:;, 972f
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The longstanding rule in California has been: that
stock ownership must be in a party to be
disqualifying. Paragraph (b) of section Code of
Procedure section 170.5 defines "financial
for the purposes of disqualification and J:ecus,H'1
with certain exceptions, as "ownership of more t!ian
a 1 percent legal or equitable interest in a
or a legal or equitable interest in a party of a fair
market value in excess of one thousand five
dollars ($1,500) .... " I
available California authorities are consistent
therewith. See Central Pacific Railway Company v,
Superior Court (1931) 211 Cal.706, which held that
where the trial judge was a stockholder in a hq>14ing
company which owned practically all of the stoq:klof
a bank that was a defendant, the judge was deerre
qualified to hear the proceeding because the bcltnlt was
not a party.
Recently, the California Supreme Court
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Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
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applied that same reasoning in denying
disqualification for cause where members of the Court
had a financial interest in an amicus curiae.
Supreme Court Docket, City of Hope v. Genetech,
S129463, letter dated June 1, 2007. The Supreme
Court sent the following letter to counsel re Notice
Concernir..g Necessity to Recuse:
A justice is required to recuse h.im or
herself when he or she has specified
financial or other interests in a party
appearing before the court.
The court has been a.sked whether the same
recusal requirement applies when a justice
has similar interest in an amicus curiae,
but not party_ No statute, Canon of Ethics,
or rule requires recusal under such facts.
Recusal is required if a judicial officer
or·a specified member of the justice's
household has a financial interest in the
matter, defined as an "ownership or moxe
than 1 percent legal or equitable inte'rest
in a party, or a legal or equitable
interest in a party of a fair
exceeding one thousand five hundred
dollars." (Code of Judicial Ethics,
3E(5) (d), italics added.) There may, qf
course, be some circumstances in whicrt
recusal based on a non-party
would be appropriate pursuant to caT).oq
3E (4) (c) of the Code of Judicial
Ethics, requiring disqualification "the
circumstances are such that a reasonaple
person aware of the facts would doubt the
justice's ability to be impartial."
Nevertheless, it is clear that the
applicable laws and regulations do nq>t
automatically require disqualifica.tidm
I
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CAS E HIS TOR Y
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based upon a financial interest in a
non-party to the action.
Each justice has a duty to hear the
matters assigned to him or her in the
absence of a ground for disqualificat,ion.
(Canon 3B(1).) Moreover, it is important
to the administration of justice to avoid
potential for "justice-shopping" that'
might occur if non-parties were to fi,le
amicus curiae briefs or letters in order
to disqualify an otherwise qualified
jurist in an individual case.
In this case, Countrywide is not a party. At.
best, Countrywide is a witness which has sought a:
protective order. In such circumstances, the
courts have traditionally held that a status as a:
witness, even a witness that has sought a
order, is not sufficient standing to provide a ba,sis
for disqualification. See, e.g., Avelar v.
Court (1991) 7 Cal.App.4th 1270, (a non-party police
agency seeking to avoid disclosure of police
disciplinary files did not have standing for
disqualification purposes). In addition, while the
Legislature has provided for implied disqua.lification
where a relative of a judge is a witness in the
proceeding (see Code of Civil Procedure
§170.1(a) (1) (B)), the Legislature has not
for any implied or imputed disqualification whertf the
judge has a financial interest in a non-party wiiness.
Accordingly, the court finds no basis for
disqualification on the basis of its limited stOfk
ownership pur:3uant to Section 170.1 (a) (3) of thEi!
Code of Civil Procedure.
The final issue is whether recusal is apPfofriate
pu.rsuant to Section 170.1(A) (6) of the Code of Ct-vil
Procedure. Section 170.1(A) (6) provides that
disqualification is appropriate if for any reason:
(i) The judge believes his or her recusal would
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of justice, (ii) The r
believes there is a substantial doubt as to his of
he:r capacity to be impartial, or (iii) A person ay;are
of the facts might reasonably entertain a doubt that
the judge would be able to be impartial. (ii)
(iii) do not apply. The undersigned judge has nb
doubt as to his capacity to be impartial. Nor d a
person aware of the facts of the judge's stock
ownership reasonably entertain a thought, let a
doubt, that the judge would be able to be impartikl.
I
The undersigned judge does believe, however, I that
his recusal in this case further the
of justice. Given Mr. Zernik's pattern of filinb
repetitive ex parte applications, motions for
and challenges to judicial officers hearing
case, the issue of the undersigned judge's
ownership in County Financial Corporation is bo,und to
create additional rounds of motions and challengels
from Mr. Zernik. thus causing further delays i.9 the
case, to the prejudice of plaintiffs and even to Mr.
Zernik. The interest of =justice would best be qeIlved
by recusal of the undersigned judge from this at
this time, and by reassignment of this case to I
another judicial officer by the Supervising Judge of
this district. I
The undersigned judge has done his best,
the disqualification or recusal of three other judges
in this district. to fulfill his duty pursuant to
Section 170 of the Code of Civil. Procedure to q.ecide
all proceedings in which his is not disqualiU<id. For
the reasons stated in this order, however, thel
undersigned judge concludes that recusal from
case at this time is in the interests of
Because the reasons for the undersi9ned judge's
recusal arose and were learned of within the Ptst few
days. this recusal order has no effect on the rulings
made by the undersigned judge up to this point in
time.
See Code Civ. Proc. § 170.3(b) (4).
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Civil Division
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I! Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZER.¥If !I
CAS E HIS TOR Y
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GOOD CAUSE APPEARING THEREFORE, It is so at-dired.
Dated: December 04, 2007

Hon. John L. Segal
Verified Answer of John L. Segal
I, John L. Segal, declare:
1. I am a J'udge of the Superio,ir r:ourt
and as such have been assigned to preside over
case. 1
2. I am not prejudiced or biaseJ
against or in favor of any party to this
or their counsel.
3. All rulings made by me in this
action have been based upon facts and arguments
officially presented to me and upon my
of the law. My statements and rulings are set
in the records and the files herein, which are
the best evidence hereof. To the extent the mmH g
party s statement of tho:3e rulings and statemerlt are I
inconsistent therewith, they are denied. I
4. All statementEl made by me: anq. all
actions taken by me in this proceeding have
in furtherance of what I believe were my judicial
duties. I 1
5. I own 430 of Countrywid
Finance Corporation set forth in the, I
attached order, Countryw1de 1S not a party to these
proceedings, and, based upon my understanding
law, ownership of stock must be in a party to a
disqualifying financial interest. .
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I declare under penalty of perjury that the
foregoing is tcue and correct and of my own perso.al
knowledge, except as to those matters stated to b on
my information and belief, and as to those matter[, I
believe them to be true.
Executed this 04 day of December.
2007, at Santa Monica, California.
J"ohn L. Segal
Acting pursuant to the Order' of the Master Calendar
for the West District of the Los Angeles superiorl
Court, the Honorable Gerald Rosenberg, Supervising
Judge presiding, this action is transferred
for all purposes to Department WE-X, the Honorabl1e
Lisa Hart Cole, presiding.
All hearing da,tes previously scheduled are advanc1ed
and vacated. Any presently calendared motions
be re-scheduled and re-noticed for hearing by the
moving party in the newly assigned department. I
Counsel for all parties are ordered to indicate on
all future documents to be filed with the Courtl
this matter the name of the newly assigned
officer in the caption below the case number. ' I
The case is set for a Status Conference on Jam,laliY
10, 2008 at 8:30 a.m., in Department WE-X, of th
Beverly Hills Courthouse.
Clerk to give notice via U.S. Mail.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of
above-entitled court, do hereby certify that I am not
a party to the cause herein, and that this date t
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CAS E HIS TOR Y REPORT I
Santa Monica - West D.istrj.ct
civil Division I
I
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERN1K
Date
PAGE: 17:3
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Act:ivity
, I
--------r----t
served Notice of Entry of the above minute
12/04/07 upon each party or counsel named beloW my
depositing in the United States mail at the co*rthouse
in Los Angeles, California, one copy of the I
original entered herein in a separate sealed
:Eor each, addressed as shown below with the po$t<jl.ge
thereon fully prepaid. .
Date: December 5, 2007
John A. Clarke, Executive Officer/Clerk
By:
MORA
THE LAW DEPT. OF COLDWELL BANKER RESIDENT
.f\TTORNEY FOR CROSS-DEFENDANT
ROBERT J. SHULKIN, ESQ
11611 SAN VICENTE BLVD., NINTH FLOOR
LOS ANGELES, CA 90049-6510
SHEPPARD, MULLIN, RICHTER & HAMPTON
ATTORNEY FOR PLAINTIFF
333 SOUTH HOPE STREET, 48TH FLOOR
LOS ANGELES, CA 90071-1448
JOSEPH ZERNIK
DEFENDANT, DEFENDANT IN PRO PER
320 SOUTH PECK DRIVE
BEVERLY HILLS, CA 90212
BRYAN CAVE
ATTORNEY FOR INTERVENOR
120 BRO.ADWAY
SUITE 300
SANT.A MONICA, CA 90401-2305
PlI.STERNAK, PASTERNAK & PATTON
RECEIVER
11375 CENTURY PARK EAST
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civil Division
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Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNiK
II
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SUITE 2200
LOS ANGELES, CA 90067
12/04/07 Event Complete
Case Ordered Reassigned
Case Reassigned for all purposes
12/04/07 Event Complete
Motion MEMO
Advanced to this date & Vacated
FOR AN ORDER TO SET BOND
12/04/07 Event Complete
Motion MEMO
.Advanced to this date & Vacated
TO ENFORCE THE JULY 23, 2007
PROTECTIVE ORDER
12/05/07 Document: Filed
Notice MEMO
Attorney for Plaintiff
NOTICE OF ORDER
On Behalf of SAMAAN, NIVIE

Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
12/06/07 Document: Filed
Notice of Hearing
Attorney for Moving Party
Filed By Cave, Bryan Attorn'ey for Intervenor
On Behalf of Countrywide Home Loans, Inc.
12/07/07 Document Filed
Affidavit of Prejudice - Premptory MEMO
Defendant, & Defendant in Pro Per
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civil Division
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II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZER;NI,K II
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CAS E HIS TOR Y
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AGAINST JUDGE LISA HART COLE
On Behalf of ZERNIK, JOSEPH Defeqdant
Filed By Zernik, Joseph & Defendant in
12/07/07 Event I
Exparte proceeding ,
Patricia L. Collins
11: 45 am
HECEIVER'S EX PARTE APPLICATION FOR ISSUANCE OF ORDER:
1) APPROVING ESCROW DOCUMENTATION(INCLUDING GHAN1I
DEED) SIGNED AND SUBMITTED TO ESCROW BY RECEIVER:
2) AUTHORIZING RECEIVER TO SIGN AND SUBMIT TAX
TOO ESCROW;
3) AUTHORIZING RECEIVER TO ENTER INTO MARA ESCROW
COMPANY INDEMNITY AGREEMENT; AND
4) PROHIBITING DEFENDANT,JOSEPH ZERNAK FROM
COMMUNICATING DIRECTLY WITH ESCROW, TITLE INSUEEE, OR
BUYER'S AND ORDER THEREON:
At 11:45 A.M., no appearance by defendant,JOSEPH
ZERNIK, court goes forward with the ex parte
application.
At 11:55 A.M., defendant,JOSEPH ZERNIK now
Challenge puri3Uant to Code of Civil Procedure
section 170.3 filed by defendant,Zernik against
Judge COLLINS is ordered striken by the court.
The matter is called and argued .
. f 'b t'·i I
A ter arguments, a ex
application is granted as outlined in the the
thereon filed and incoporated herein.
Copy of said Order given to all parties.
DAVID PASTERNAK,counsel for receiver to give n9tice.
12/07/07 Event Complete
proceeding
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Case Number: SC087400 NIVIE SAMAAN VS.
U
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Completed
12/07/07 Document Filed
Order
Receiver
RE EX PARTE
12/07/07 Event Complete
Motion - Protection Order
Advanced to this date & Vacated
(NON-PARTY COUNTRYWIDE)
12/07/07 Event Complete
Status Conference
Advanced to this date & Vacated
12/07/07 Document Filed
Ex-Parte Application
Receiver
BY RECEIVER FOR ISSUANCE OF ORDER
Filed By PASTERNAK, PASTERNAK & PATTON ver
12/07/07 Journal Entry
$40.00
Other Pmnt
RECEIPT #BH490068002
Paid By PASTERNAK, PASTERNAK & PATTON

12/07/07 Event
Exparte proceeding
Lisa Hart Cole
8: 30 am
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MEMO
MEMO
MEMO
MEMO
MEMO
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Case Number: SCO87400 NIVIE SAMAAN VS. JOSEPH ZERt\fIr:
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CAS E HISTORY
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EX PARTE APPLICATION OF RECEIVER DAVID J. PAS'I'ErodlAK
FaIt ISSUANCE OF ORDER:
(1) APPROVING ESCROW DOCUMENTATION (INCLUDING
DEED) SIGNED AND SUBMITTED TO ESCROW BY
(2) AUTHORIZING RECEIVER TO SIGN AND SUBMIT
DOCUMENTATION TO ESCROW;
(3) AUTHORIZING RECEIVER TO ENTER INTO MARA ESORqW
COMPANY INDEMNITY AGREEMENT; AND
(4) PROHIBITING DEFENDANT JOSEPH ZERNIK FROM I
COMMUNICATING DIRECTLY WITH ESCROW, TITLE INSURER',
OR BUYER'S LENDER;
PEREMPTORY CHALLENGE PURSUANT TO CODE OF CIVIL
PROCEDURE SECTION 170.6 BY DEFENDANT JOSEPH ZERNtK
I
IN PRO PER;
The Court is in receipt of a peremptory
under Code of Civil Procedure section 170.6 filed by
defendant Joseph Zernik, in pro per, against ,J
Lisa Hart Cole on 12-7-07. The Court finds th,t
said peremptory challenge is timely filed and tn the
proper format, and it is accepted.
Pursuant to the order of the Master Calendar f¢r the
West District of the Los Angeles Superior Cour\t:,
Patricia L. Collins, Acting Supervising Judge
presiding, the above-entitled action is reassi$ned
for all purposes to Judge Terry B. Friedman in
Department West J, located at 1725 Main Street, 1
Santa Monica, CA 90401. Any hearings currently. et
:in Department West X are ordered advanced
date and vacated.
presently calendared motions shall be
re-scheduled and re-noticed for hearing by the
moving party in the newly assigned Department.
Moving party is to contact the newly assigned
Department for a motion hearing date suitable to
that Department's calendar.
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However, the above-referenced ex parte
is transferred forthwith to Department West B,
located at 1725 Main Street, Santa Monica, CA 904pl,
to be heard by Judge Patricia L. Collins as
Department West J is dark today.
The Receiver David J.
notice.
Pasternak, Esq. is to give
The Court gives Notice of Case Reassignment to
Department West J to the Receiver David J.
Pasternak, Esq. via the Court's minute order.
Receiver David J. Pasternak, Esq. is directed
give notice to all parties.

to
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of th1
above-entitled court, do hereby certify that I not
a party to the cause herein, and that this date :+
served Notice of Entry of the above minute of
12-7-07 upon each party or counsel named below by
depositing in the United States mail at the covrihouse
in Beverly Hills, California, one copy of the I.
original entered herein in a separate sealed envylope
for each, addressed as shown below with the postage
thereon fully prepaid.
Date: 12-7-07
John A. Clarke, Executive Officer/Clerk
By:
N. Lee
DAVID J. PASTERNAK, ESQ., RECEIVER
1875 CEKTURY PARK EAST, SUITE 2200
LOS ANGELES, CA 90067
PAGE: 183
01/07/10 14:59:05
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Santa Monica - West District
Civil Divi.sion
.-== ,I
II
r"-
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIk
l!, _ I
i
'I
CAS E HIS TOR Y
Date Activity
(DEFT FILED 170.6 AGAINST JUDGE
COLE THIS MORNING. CASE REASSIGNED
FOR ALL PURPOSES TO JUDGE FRIEDMAN
IN DEPT. J. HOWEVER, TODAY'S EX
PARTE APPLIC TRANS FW TO DEPT. B,
~ m D G E COLLINS AS DEPT.J DARK TODAY
12/07/07 l?vent Complete
Exparte proceeding
Other: See Memo Box below
MEMO
(DEFT FILED 170.6 AGAINST JUDGE
COLE THIS MORNING. CASE REASSIGNED
FOR ALL PURPOSES TO JUDGE FRIEDMAN
IN DEPT. J. HOWEVER, TODAY'S EX
PARTE APPLIC TRANS FW TO DEPT. B,
,JUDGE COLLINS AS DEPT.J DARK TODAY
12/10/07 Event
Motion
,John L. Segal
8:30 am
MEMO
FOR AN ORDER TO SET BOND
12/10/07 Document Filed
Notice of Appeal
Defendant, & Defendant in Pro Per
MEMO
NO FEE PAID.
12/12/07 Document Filed
Notice of Motion
Attorney for Cross-Defendant
MEMO
Non-Party Countrywide Home Loans,
PAGE: 184
/07/10 14:59:05
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CAS E HIS TOR Y REP 0 til T
Santa Monica - West District
Civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
*
l!=
CAS E
Date Activity
Inc. 's - and motion (l)to enforce
the July 23, 2007 protective order
against. Defendant ,Joseph Zernik in
the amount of $16,171; (2) for
monetary sanctions against ...
Filed By Cave, Bryan
On Behalf of Countrywide Home Loans, Inc.
12/1.2/07 Document Fi.led
Declaration
Attorney for Cross-Defendant
Supplemental - John W. Amberg to
present new evidence in support of
non-party Countrywide Home Loans,
Inc. 's motion (1) to enforce the
July 23, 2007 protective order
against Defendant Joseph Zernik ...
Filed By Cave, Bryan
On Behalf of Countrywide Home Loans, Inc.
1.2/1.2/07 DocUInen t F.i 1ed
Proof of Service
Attorney for Cross-Defendant
Filed By Cave, Bryan
On Behalf of Countrywide Home Loans, Inc.
12/12/07 Scheduled Event
1-1otion
Terry B. Friedman
01/11/08 at 8:45 am
Non-party Countrywide Home Loans,
Inc. 's - to enforce protective
order, sanctions. (Reset by the
court from 1-11-08 by ex parte
application) .
2.) Further Status Conference.
PAGE:
: II
I
Attorner for Intervenor
Defenda:nt
MEMO
Atto:t;'ney for Intervenor
Defen.dJnt
for Intervenor
Defendant .
MEMO
1/07/10 14:59:05
,
I
C A s: E HIS TOR Y REP 0 R
' ] ~ I
Santa Monica - West District
Civil Division
I
i I
~ Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH Z - ; ~ K II
~ . 'I
, I
CAS E HIS TOR Y
Date Activity
12/12/07 Document Filed
Notice of Ruling
Receiver
Filed By PASTERNAK, PASTERNAK & PATTON Receiver
12/12/07 Document Filed
Notice of Ruling
Receiver
I I
Filed By Countrywide Home Loans, Inc. Defendant
12/12/07 Document Filed
Miscellaneous-Other MEMO
Receiver
RECEIVER'S FIRST INTERIM REPORT
FOR THE TIME PERIOD FROM THE
COMMENCEMENT OF THIS RECEIVERSHIP
THROUGH 11-30-07
Filed By PASTERNAK, PASTERNAK & PATTON Receiver
12/12/07 Document Filed
Notice
Attorney for Defendant
12/12/07 Document Filed
Notice
MEMO
Attorney for Defendant
OF' ORDER
On Behalf of ZERNIK, JOSEPH
Defendtnt
Filed By Zernik, Joseph
DefePdrnt, & Defendant in
12/13/07 Journal Entry
$40.00
Other Pmnt
PAGE: 186
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West: District
civil Division
rCase Number: SC087400 = NIVIE SAMAAN VS. ZERJI1
l!:
--
_.---===========,===
----r-T
CAS E HIS TOR Y
Date Activity
T
Filed By Cave, Brya.n Attorrter for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defenl1ant
12/13/07 Document Filed
Ex-Parte Application MEMO
Attorney for Defendant
FOR AN ORD. SPECIALLY SETTING THE
HEARING DATE FOR NON-PARTY MOT. TO
ENFORCE THE 7/23/07 PROTECTIVE ORD
AND FOR OTHER RELIEF
Filed By Cave, Bryan Attorney for Intervenor
On Behalf of Countrywide Home IJoans, Inc. Defenjdant
12/13/07 Event
Ex·-Parte Application
Terry B. Friedman
9:00 am
NON-PARTY'S (COUNTRY WIDE HOME LOANS, INC.) EX PARTE
I
APPLICATION FOR AN ORDER SPECIALLY SETTING THE
DATE FOR NON-PARTY COUNTRYWIDE HOME LOANS, INC.
r-mTION TO ENFORCE THE JULY 23, 2007 PROTECTIVE
DEFENDANT JOSEPH ZERNIK AND FOR OTHER
{MOT. 2/7/08)
Matter is called for hearing.
Countryside's ex parte motion is read, considefe
argued, and granted.
Order is signed and filed this date.
Motion date set on February 7, 2008 is advancel1 to
this date and reset on January 11, 2008 at 8:4talm.
in Department WE.T.
Moving party is to give notice.
PAGE: 187 01/07/10 14:59:05
CAS E HIS T () R Y REP 0 R T
Santa Monica .. West District
civil Division
r
II Case Number: SC087400
=
NIVIE SAMAAN VS. JOSEPH

ZElmI

Date
12/13/07
12/13/07
Filed By
On Behalf of
12/13/07
Filed By
On Behalf of
12/13/07
12/13/07
Filed By
12/13/07
PAGE: 188
=
CAS E HIS TOR Y
Activity
Event Complete
Ex-Parte Application
Motion Granted
Document Filed
Declaration
Attorney for Defendant
OF JENNA MOLDAWSKY IN SUPPORT OF
EX PARTE APP.
Cave, Bryan for
Countrywide Home Loans, Inc.
Document Filed
Proof of Service
A.ttorney for Defendant
Cave, Bryan AttOrjne
tf
for
Countrywide Home Loans, Inc. Defen;daJnt
1
Bvent Complete
!Vlotion
Advanced to this date & continued
Non-party Countrywide Home Loans,
Inc. 's - to enforce protective
order, sanctions. (Reset by the
court from 1-11-08 by ex parte
application) .
Document Filed
Notice
Defendant and Cross-Complainant
ZERNIK, JOSEPH Defendant
Document Filed
Notice of Ruling
Atty for Defendant and Cross-Compl
MEMO
Intervenor
Intervenor
MEMO
MEMO
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica .. West District
civil Division
rr= II
Case Number: SCOB7400 NIVIE SAMAAN VS. JOSEPH
II II
II
lb
CAS E HIS TOR Y
Date Activity
granting Counntrywide Home Loans,
Inc. 's ex parte application for an
order specially setting a hearing
date.
Filed By Cave, Bryan Attorner for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defenoant
12/13/07 Document Filed
Order MEMO
Attorney for Defendant
GRANTING EX PARTE APP FOR AN OST
OF HRNG DATE ON MOT. TO ENFORCE
PROTECTIVE ORDER IS SIGNED BY
JUDGE FRIEDMAN THIS DATE.
Filed By Cave, Bryan Attorney for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defendant
12/17/07 Event
Non-Appearance (Case Review)
Terry B. Friedman
9:00 am
CASE REVIEW (NON-APPEARANCE);
Upon review of the court file, the Court orders' 9hat
a further status conference be set on January 200B
at 8:45a.m. in Department WEJ to be heard with m9tion
previously set on that date. I
Counsel for receiver, David Pasternak is to give
notice.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of
above-entitled court, do hereby certify that I a1 not
a party to the cause herein, and that this 1
PAGE: 189
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Santa Monica - West District
Civil Division
. - "
Case Number: SCOB7400 NIVIE SAMAAN VS. JOSEPH
l!: II
CAS E HIS TOR Y
Date Activity
__________ ---l
served Notice of Entry of the above minute
12/17/07 upon each party or counsel named b1elow by
depositing in the United States mail at the
in Santa Monica , California, one copy of the
original entered herein in a separate sealed envelope
for each, addressed as shown below with the
thereon fully prepaid.
Date: December 17, 2007
John A. Clarke, Executive Officer/Clerk
By:
J. Citron
David Pasternak
Pasternak, Pasternak & Patton
1875 Century Park East, Wuite 2200
Los Angeles, California 90067-2523
12/17/07 Event Complete
Non-Appearance (Case Review)
Order Issued
12/20/07 Document Filed
Miscellaneous-Other
MEMO
Defendant, & Defendant in Pro Per
re Complaint Requesting Remedies:
Due Process of the Law;
Records for Sppeal;
Filed By Zernik, Joseph
I '
in
Deferdrnt, & Defendant
12/20/07 Document Filed
Notice of Change of Address
Defendant, & Defendant in Pro Per
On Behalf of ZERNIK, JOSEPH
Defendant
PAGE: 190
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Santa Monica _. West District
civil Division
II
r I
Case Number; SCO 87400 NIVIE SAMAAN VS. JOSEPH ZEllliIE:
lb I
CAS E HIS T 0 :R Y
Date Activity
LJ
Filed By Zernik, Joseph D e f e n ~ a ~ t , & Defendant in
I
12/20/07 Document Filed
Notice MEMO
Defendant, & Defendant in Pro Per
Defendant & Cross-complainant
Joseph Zernik's notice of
Countrywide's document purported
by Plaintiff as a valid
underwriting decision/condition
letter from mid-October, 2004.
On Behalf of ZERNIK, JOSEPH Defendaht
Filed By Zernik, Joseph Defendant, & Defendant in
12/20/07 Document Filed
Notice MEMO
Receiver
NOTICE OF FURTHER STATUS
CONFERENCE 1-11-08 8:45 AM DEPT J
Filed By PASTERNAK, PASTERNAK & PATTON Receive
12/26/07 Document Filed
Ex--Parte Application
Defendant, & Defendant in Pro Per
12/26/07 Event
Exparte proceeding
Gerald Rosenberg
8:30 am
DEFENDANT/CROSS-COMPLAINANT I S EX PARTE APPLIC11.TIdN
FOR VARIOUS COURT ORDERS, 1 THIm 14:
Matter is called and argued.
After arguments, the court rules
as follows on t]e
following ex parte orders:
PAGE: 191 1/07/10 14:59:05
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Santa Monica - West District
civil Division
I
I
IF
-r
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZEIlliIK
lb
CAS E HIS TOR Y
Date Activity
1)-ORDER TO NO;ICE RE-ASSIGNMENT TO ,JUDGE FRIEDl
Court i.nforms defendant that the instant case has
already been assigned to Judge FRIEDMAN.
2) ORDER FOR CHANGE OF VENUE OUT OF LA COUNTY
DENIED.
3) ORDER TO INVALIDATE ORAL RULE RE: SUSTAIN DATA
AS PRIVILEGED is DENIED.
4) ORDER TO RELEASE SUSTAIN DATA TO PARTIES is
DENIED.
5) ORDER TO INVALIDATE ORAL RULE RE: NO JUDGE IN"
WEST DISTRICT OVERRULE ANOTHER:
Court informs the defendant that it does not have
the power to overule another Judge. Court inforllls
the defendant that the proper forum would be thb
Court of Appeals.
6) ORDER TO VACATE ALL JUDGE CONNOR'S ACTION .A'F'rI
JULY 12,2007 is DENIED.
7) ORDER TO VACATE ALL ACTIONS BY SUBSEQUENT JUD S
.A,CTING WITH NO RE-ASSIGNMENT ORDERS is DENIED.
8) ORDER TO VACATE ALL ACTIONS BY JIIDGE SEGAL
OCTOBER 15,2007 is DENIED.
9) ORDER FOR RECEIVER TO ISSUE FINAL REPORT ANI)
RELEASE FULL BALANCE MINUS $10,000 WITHIN 24
]\LTERNATIVELY - TO ISSUE FINAL REPORT AND
FULL BALANCE WITHIN 7 DAYS, AND FOR TERMINATION dF
HECEIVER' IMMEDIATELY UPON SUCH RELEASE OF
is deferred to Judge Friedman. Defendant is
by the court that any rulings re receivership
be defered to Judge Friedman.
10) ORDER FOR LEAVE TO AMEND CLAIMS is defered to
Friedman.
PAGE: 192 IDI/07/10 14:59:05
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CAS E REP 0 R T
Santa Monica -- West: District
I
civi.l Division

rr======:
,I
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH

-4----1
lh===== ===:============:

CAS:e:
Date
Activity _...i-I
------------- I ,f--------­
11) ORDER FOR PROHIBITING SAMAAN FROM LISTING 'rEiE
PROPERTY FOR SALE OR FROM SELLING OR TRANSFERRI*G
OTNNERSHIP IN FULL OR IN PART TO OTHERS is defered
to Judge Friedman.
12) ORDER FOR CLERK'S OFFICE TO INCLUDE THE FOLLOWING
AS PART OF THE COURT FILE: a) ALL LETTERS
PROPROSED REFEREE O'BRIEN AND JUDGES IN THIS
and b) ALL EMAIL NOTES BETWEEN JUDGES AND
CLERKS IN THIS CASE is defered to Judge Friedmap./
1 I
13) ORDER FOR CLERK'S OFFICE: a) TO ENSURE THAT C!PURT
, r
FILE IS IN GOOD ORDER WITHIN 30 DAYS, b) IMAGE fIrE
IMMEDIATELY FOLLOWING THAT DATE; and c) THAT NO
CHANGES BE MADE IN CLOSED FILE VOLUMES AFTER THfl.T,
DATE: the court informs the defendant that the clerk's
office is ordered to make the court file availablk
to the defendant.
14) ORDER THAT A PERSON AUTHORIZED BY THE COURTi
SUBMIT WITHIN 30 TO 45 DAYS A REPORT EXPLAINING!
HOW CERTAIN NOTES WITH INVALID DATES WERE ENTERiED
IN SUSTAIN is DENIED.
The court declines to sign defendant's Proposed!
Order. The Minute Order shall be the Order of theI'
Court.
12/26/07 Event Complete
Exparte proceeding
Completed
12/28/07 Event
Motion MEMO
.John L. Segal
9:00 am
TO ENFORCE THE JULY 23, 2007
PROTECTIVE ORDER
PAGE: 193 1/07/10 14:59:05
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CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
rr= - I i
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
lb _
CAS E HIS'rORY
Date Activity
12/28/07 Document Fil.ed
Not.ice
Attorney for Defendant
NOTICE OF INTERESTED PERSON
Filed By Cave, Bryan
On Behalf of Countrywide Home Loans, Inc.
Filed By Shatz, Sanford
01/02/08 Document Filed
Declaration
Defendant, & Defendant in Pro Per
IN SUPPORT OF ZERNIK'S OPP. TO MOT
FOR SANCTIONS BY COUNTRYWIDE AND
APPEALS AND WRITS
On Behalf of ZERNIK, JOSEPH
Filed By Zernik, Joseph
01/04/08 Document: Filed
Brief
Jl.ttorney for Defendant
Non-party Countrywide Home Loans,
Inc. 's reply brief in support of
its motion to enforce the July 23,
2007 protective order against
Defendant Joseph Zernik and for
other relief; declaration of ...
Filed By Cave, Bryan
On Behalf of Countrywide Home Loans, Inc.
01/07/08 Event
Final Status Conference
.Jacqueline A. Connor
8; 30 am
PAGE: 194
I f
I i
l
MEMO
Attorpev for Intervenor
Defentl.apt
F o r m e ~ Attorney for Defen
MEMO
Defenda:nt
Deferlda:nt, & Defendant in
MEMO
Attorney for Intervenor
Defehd!nt
MEMO
1/07/10 14:59:05
CAS E HIS'rORY REP 0 R T
San ta Moni ca - West: District
c.i vi.l D.i v.ision
rr=
II
Case Number:
lb
SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E H :r S or 0 R Y
Date Activity
JT: 1-11-08
01./07/08 Event
Final Status Conference
.Jacqueline A. Connor
8:30 am
MEMO
IJT: 1-11-08
01./07/08 Document Filed
Miscellaneous-Other
Receiver
MEMO
Receiver's disclosure re
relationship with interested
person.
Filed By PASTERNAK, PASTERNAK & PATTON Receiver
01./07/08 Document Filed
Miscellaneous-Other
Receiver
MEMO
Receiver's second interim report
for the month December 2007.
Filed By PASTERNAK, PASTERNAK & PATTON Receiver
01./08/08 Document Filed
Objection Document Filed
Attorney for Defendant
MEMO
Countrywide Home Loans, Inc. 's
ob=iection to defendant Joseph
Zernik's notice of declaration in
support of zernik' s to
Countrywide's motion to enforce
the July 23, 2007 protective ...
PAGE: 195 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Divis:ion
rr= , II f
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZEIUU II
I
! '
q
CAS E HIS'rORY
Date Activity
Filed By
On Behalf of
Cave, Bryan
Countrywide Home Loans, Inc.
AttorFey for
Defentlaht
Intervenor
01/09/08 Document Filed
Declaration
Attorney for Defendant
MEMO
Second supplemental declaration of
J'ohn W. Amberg to present new
evidence in support of Countrywide
Home Loans, Inc. 's motion to
enforce the July 23, 2007
protective order and for other rlf
On Behalf of
Filed By
Cave, Bryan
Countrywide Home Loans, Inc.
for
Defendant
Intervenor
01/10/08 Event
Status Conference
Lisa Hart Cole
8:30 am
01/11/08 Event
.Tury Trial
Jacqueline A.
9:30 am
Connor
MEMO
est time: 5-7 days
01/11/08 Event
Motion
Terry B. Friedman
8:45 am
CROSS-COMPLAINANT'S (COUNTRYWIDE HOME LOANS, INC)
MOTION TO ENFORCE THE JULY 23, 2007 PROTECTIVE OkDER
AGAINST JOSEPH ZERNIK, FOR SANCTIONS, FOR A
I
DECLARATION THAT COUNTRYWIDE HAS NO OBLIGATION Tf
RESPOND FURTHER TO DEFENDANT ZERNIK REGARDING rH S
ACTION, AND FOR AN ORDER TO SHOW CAUSE RE WHY
DEFENDANT JOSEPH ZERNIK SHOULD NOT BE HELD IN
MEMO
PAGE: 196
14:59:05
CAS E REPOR'l'
Santa Monica - West: District
civil Division
'.
rr Case Number ::=S=C=O=S=7=4=0=0=====N=I=V=I=E=S=AJ=vlAA==N=V=S=.==J=0=S=E=,P=H= ZEm:nJ "
I
CAS E HISTO:RY
Date Activity
AND SANCTIONED ACCORDINGLY;
FURTHER STATUS CONFERENCE;
DEFENDANT/CROSS-COMPLAINANT'S (JOSEPH ZERNIK) EX PARTE
APPLICATION FOR VARIOUS COURT ORDERS, 9 THRU 13;
I
9) ORDER FOR RECEIVER TO ISSUE FINAL REPORT AND
RELEASE FULL BALANCE MINUS $10,000.00 WITHIN 24 HOURS;
ALTERNATIVELY - TO ISSUE FINAL REPORT AND RELEASE I
FULL WITHIN 7 DAYS, AND FOR TERMINATION 0
RECEIVER IMMEDIATELY UPON SUCH RELEASE OF FUNDS;
10) ORDER FOR LEAVE TO MlIEND CLAIMS;
11) ORDER FOR PROHIBITING SAMAAN FROM LISTING THE
PROPERTY FOR SALE OR FROM SELLING OR TRANSFERRItJG
OWNERSHIP IN FULL OR IN PART TO OTHERS;
12) ORDER FOR CLERK I S OFFICE TO INCLUDE THE
AS PART OF THE COURT FILE: a) ALL LETTERS BETWEEN
PROPOSED REFEREE O'BRIEN AND J1IDGES IN THIS CASE, I AND
b) ALL EMAIL NOTES BETWEEN J1IDGES AND RESPECTIVE I
CLERKS IN THIS CASE
13) ORDER FOR CLERK I S OFFICE: a) TO ENSURE THAT, CbURT
FILE IS IN GOOD ORDER WITHIN 30 DAYS, b) IMAGE FIILE
IMMEDIATELY FOLLOWING THAT DATE; AND c) THAT NO
I
CHANGES BE MADE IN CLOSED FILE VOLID1ES AFTER THA'
DATE;
The Court issues it's tentative as follows:
Non-Party Motion to Enforce
Order: Cont1.nue;
The Court is unable to rule on this Motion for t 0
reasons, one procedural and the other substanti,ve.
Procedurally, the Motion relies on a Memorandum if
PAGE: 197 ·1/07/10 14:59:05
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I
Santa Monica - West District
!
Civil Division
I I
lJ
rr=====================
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
J!
CAS E
Date Activity
Points and Authorities that is 20 pages, exceeding
the permissible 15 page length. (California of
Court Rule 3.1113(d)). Non-party Countrywide has not
applied to the Court for permission to file a
dum in excess of the limit. (California Rules bf
Court Rule 3.1113(e)).
Substantively, it appears that the protective order
, d' d ' t' d' I
not lssue ln regar to an eX1S .lng J.scoverYI
dispute because at the time it was issued
had complied with Defendant Zernik's subpoenas. hus,
the Court questions the statutory or other authority
for issuance of the protective order which
seeks to enforce. The Court cannot enforce an im­
proper order.
The Court requests further briefing on two issues,:
1.. the legal basis for the protective order.
2. whether the Court should take this Motion off
calendar and set, on its own motion, a Motion to
Reconsider the Motion for Protective Order.
Matter is called for hearing.
The Court reiterates Receiver Pasternak's Disclosure
re relationship with the Court.
Defendan:: Zernik files Disqualification of
Friedman pursuant to Section 170.3 of the Code ofi
Civil Procedures. I
The Court Order Striking Statement of DisquaLi.fication
and Verified Answer of Judge Terry B. Friedman
signed and filed this date.
Counsel argue re Motion to Enforce Protective Qrder
and re: Sanctions. I
The Court adopts the tentative as its order.
PAGE: 198
14:59:05
CAS E HIS'fORY REP 0 R. T
San ta Moni ca - West: District
C.ivil Division
II 11
Case Number: SC087400 NIVIE SAMAAN VS.
JOSEPH Z E ~ II II
~
-
II
CAS E HIS or 0 R Y
Date Activity
Motion 'is continued to March 25, 2008 at 8:45a.J. lin
Department WEJ.
Status conference is held and continued to Marcfu 25,
2008 at 8:45a.m. in Department WEJ re report fd)ml
receiver.
Defendant Zern.ik's ex parte motion for various or,ers
9 - 13 are read, considered, and denied. I
Protective Order issued on July 23, 2007 remains ~ n
full force and effect.
Plaintiff's counsel is to give notice.
Non-party Countrywide Home Loans,
Inc. 's - to enforce protective
order, sanctions.
2.) Further Status Conference.
01/11/08 Document Filed
Notice MEMO
Defendant, & Defendant in Pro Per
of suggestion: designate
Countrywide judge in in Samaan v
Zernik.
On Behalf of ZERNIK, JOSEPH Defendapt
Filed By Zernik, Joseph Defenbaht, & Defendant in
01/11/08 Document Fil,ed
Notice MEMO
Defendant, & Defendant in Pro Per
of Zernik's declaration:
inexplicable under assumption of
honesty ...
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c.ivi.I D.ivision
I
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Case Number: ,sC087400 NIVIE SAMAAN VS. JOSEPH
---.J
lb
CAS E
Date Activity
On Behalf of ZERNIK, JOSEPH Defen,a,t I -f
F:Lled By Zernik, Joseph Defen1a t, & Defendant in
01/11/08 Document Filed
Miscellaneous-Other MEMO
Defendant, & Defendant in Pro Per
Filinq for immediate
disqualification of Judge Friedman
pursuant to CCP section 170.3.
On Behalf of ZERNIK, JOSEPH
Defendaft
Filed By Zernik, Joseph & Defendant in
01/11/08 Document Filed
Notice MEMO
Defendant, & Defendant in Pro Per
of document: Sustain Case
History.
On Behalf of ZERNIK, JOSEPH Defenpaht
Filed By Zernik, Joseph Defendaht, & Defendant in
01/11/08 Document Filed
Order MEMO
Court
striking statement of
disqualification and verified
answer of Judge Terry B. Friedman.
01/11/08 Event Complete
Motion MEMO
Motion continued
Non-party Countrywide Home Loans,
Inc. 's - to enforce protective
order, sanctions.
2.) Further Status Conference.
PAGE: 200 01/07/10 14:59:05
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Santa Monica - West District
civil Division
rr======:
Case Number: SC087400 NIVIE SAl"IAAN VS. JOSEPH ZEE+I+
lb: _=====,
CAS E HIS T 0 :R Y
Date Activity
01/11/08 Scheduled Event
Motion MEMO
Terry B. Friedman
02/15/08 at 8:45 am
Non-party Countrywide Home Loans,
Inc. 's - to enforce protective
order and other relief.
2.) Further Status Conference re
receivership.
01/11/08 Document Filed
Tentative Ruling MEMO
Court
RE MOT. TO ENFORCE PROTECTIVE
ORDER
01/11/08 Document Filed
Miscellaneous-Other MEMO
Attorney for Plaintiff
Respondent's counter-designation
of additional documents for
clerk's
On Behalf of SAMAAN, NIVIE
Filed By Sheppard, Mullin, Richter & Hamptcm for Plaintiff
01/11/08 Document Filed
Declaration MEMO
Defendant, & Defendant in Pro Per
Notice of Zernik's declaration ...
PAGE: 201 a1/07/10 14:59:05
CAS E HIS or 0 R Y REP 0 R T
Santa Monica - West District
civil DivisJ:on
i
rCase Number: SC087400 NIVIE SAl'1AAN VS. JOSEPH ZEJIJ II
l!:::
1
II
I
CAS E HIS TOR Y
Date Activity
On Behalf of ZERNIK, JOSEPH
, I •
Filed By Zernik, Joseph & Defendant In
01/15/08 Document Filed
Declaration MEMO
Attorney for Intervenor
OF JENNA MOLDAWSKY IN OPP. TO
DEFT. ZERNIK'S EX PARTE APP. FOR
AN OSC WHY COUNTRYWIDE HOME LOANS
DID NOT SERVE ZERNIK WITH NOT. OF
7/23/07 PROTECTIVE ORDER
Filed By Cave, Bryan Attorney for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defendart
01/15/08 Document Filed
Affidavit of Prejudice - Premptory MEMO
Defendant, & Defendant in Pro Per
Filing for immediate disqual.
of Judge Friedman pursuant to
CCP section 170.3. (Struck by
court) .
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, J'oseph Defendant, & Defendant in
01/15/08
j
Affidavit of Prejudice
Terry B. Friedman I
9:00 am
PEREMPTORY CHALLENGE PURSUANT TO SECTION 170.6 IQ
THE CODE OF CIVIL PROCEDURES;
Defendant Joseph Zernik, defendant in pro per,
a declaration for Immediate Disqualification
Judge Friedman Pursuant to Civil Code of ProcequX:es
Section 170.3 on January 15, 2008.
PAGE: 202
14:59:05
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CAS E HIS'rORY REP 0 R T
Santa Monica - West District
Civil
II
rr=
I
Case Number; SC087400 NIVIE SAMAAN VS. JOSEPH
l!:::
CAS E HISTO:RY
Date Activity
The Court the challenge for reasons as :t:¢-!
fleeted in the minute order of January 11, 2008 aId
in the Court Order Striking Statement of Disqua:j.i i­
cation and Verified Answer of Judge Terry Friedrj1a,
filed on that date.
Defense counsel in pro per is to give notice.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of the
above-entitled court, do hereby certify that I ami not
a party to the cause herein, and that this date I
seIved Notice of Entry of the above minute order ·0f
1/15/08 upon each party or counsel named by
I
depositing in the United States mail at the Cou:j::t,ouse
in Santa Monica , California, one copy of the
original entered herein in a separate sealed envelope
for each, addressed as shown below with the
thereon fully prepaid.
Date: 15,2008
John A. Clarke, Executive Officer/Clerk
By:
J. Citron
Joseph Zernik
2415 Saint George Street
Los Feliz, California 90027
01/15/08 Event Complete
Affidavit of Prejudice
Motion Denied
01/15/08 Document Filed
Notice of Ruling
Attorney for Defendant
PAGE: 203 OQ/07/10 14:59:05
II
CAS E HIS'rORY REP 0 R. T
Santa Monica - West: District
c.ivil Division
r
I
I
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
lb I
1
'I
, I
CAS:e:
Date Activity
Filed By
On Behalf
Filed By
of
Cave, Bryan
Countrywide Home
Shatz, Sanford
Loans, Inc.
I
Attornei for Intervenor

Attorney for Defen
01/18/08 ,Iournal Entry
$40.00
Other Pmnt
Paid By Cave, Bryan
AttorNey for Intervenor
On Behalf of Countrywide Home Loans, Inc.
DefenctaTt
01/18/08 Document Fi.led
Ex-Parte Application MEMO
Attorney for Defendant
FOR AN OST TO HEAR MOT. TO ENFORCE
7/23/07 PROTECTIVE ORD. AGAINST
DEFT. ZERNIK AND FOR OTHER RELIEF
Filed By Cave, Bryan Attorney for Intervenor
On Behalf of Countrywide Home Loans, Inc. DefendaI;lt
01/18/08 Event
Ex-Parte Application
Terry B. Friedman
8:30 am
NON- PARTY'S (COUNTRYWIDE HOME LOANS, INC.) EX PARTE
APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR
MOTION TO ENFORCE THE JULY 23, 2007 PROTECTIVE ORDER
AGAINST DEFENDANT JOSEPH ZERNIK AND FOR OTHER RELl:EF
ON THE EARLIEST POSSIBLE HEARING DATE;
Matter is called for hearing.
There are no appearance by defendant Joseph nor
plaintiff's counsel.
Non-party's ex parte motion is read, considered,
and granted.
PAGE: 204
oa/07/10 14:59:05
II
CAS E HIS or () R Y REP 0 R T
Santa Monica - West District
civil Division
,
rr====== T
Case Number: SC087400 NIVIE VS. JOSEPH
l!:::=====
CAS :11: HIS TOR Y
Date Activity
Motion to Enforce the July 23
1
2007 Protective Ore!ier
Against Defendant Joseph zernik and For Other Relief/
further status conference re receivership set on
25, 2008 is advanced to this date and continued t(])
February 151 2008 at 8:45a.m. in Department WEJ, I
Moving party is to give notice.
01/18/08 Document Filed
Declaration MEMO
Attorney for Defendant
OF JENNA MOLDAWSKY IN SUPPORT OF
X-PARTE APP. FOR AN OST TO HEAR
MOT. TO ENFORCE 7/23/07 PROTECTIVE
ORD. AGAINST DEFT. ZERNIK AND FOR
OTHER RELIEF
Filed By Cave
l
Bryan
I
for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defenl:1a:ht
01/18/08 Document Filed
Proof of Service MEMO
Attorney for Defendant
OF EX PARTE
Filed By Cave I Bryan Attorpey for Intervenor
On Behalf of Countrywide Home Loans, Inc.
01/18/08 Event Complete
EX-Parte Application
Motion Granted
01/18/08 Document FiJed
Order MEMO
Attorney for Defendant
GRANTING EX PARTE MOT. FOR OST
TO MOT. TO ENFORCE PROTECTIVE
ORDER AGAINST DEFT. ZERNIK AND FOR
PAGE: 205 OQ/07/10 14:59:05
CAS E HIS'rORY REP 0 R T
Santa Monica - West District
civi.l Division
rr= ""TI
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
,
lb
CAS E
Date Activity
OTHER RELIEF IS SIGNED BY JUDGE
FRIEDMAN THIS DATE
1
Filed By Cave, Bryan Attorney for Intervenor
On Behalf of Count.rywide Home Loans, Inc.
01/18/08 Event complete
Motion MEMO
Advanced to this date & continued
TO ENFORCE THE PROTECTIVE Ol:tDER OF
7/23/07 AND FOR SANCTIONS
/FURTHER STATUS CONF. RE RECEIVER­
SHIP
01/18/08 Document Filed
Notice of Motion MEMO
Attorney for Defendant
Non-party Countrywide Home Loans,
Inc. 's amended notice of motion
and motion (1) to enforce the July
23, 2007 protective order against
defendant Joseph Zernik; (2) for
monetary sanctions against ...
Filed By Cave, Bryan Attorpey for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defen¢lant
01/18/08 Journal Entry
$40.00
Other Pmnt
Filed By Cave, Bryan Attorpey for Intervenor
On Behalf of Countrywide Home Loans, Inc. DefenBaht
01/18/08 Document Filed
Brief MEMO
Att.orney for Defendant
PAGE: 206 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
civil Division
II
II Case Number:; SC087400 NIVIE
-­
SAMAAN VS. JOSEPH
==:=l
ZElWIK
lb
CAS:E:
Date Activity
Supplemental brief of non-party
Countrywi.de Home Loans, Inc.' s in
support of Countrywide's motion to
enforce the July 23, 2007
protective order and for other
relief.
Filed By Cave, Bryan
On Behalf of Countrywide Home Loans, Inc.
01/18/08 Document Filed
Notice of Ruling
Attorney for Defendant
(1) granting Countrywide Home
Loans, Inc. 's ex parte application
for an earlier hearing date on
Countrywide's motion to enforce
the protective order and for other
relief i (2) setting further ...
Filed By Cave, Bryan
On Behalf of Countrywide Home Loans, Inc.
01/18/08 Document Filed
Notice
Attorney for Defendant
Notice o:E change of hearing date
on Countrywide's motion to enforce
the July 23, 2007 protective order
and for other relief.
Filed By Cave, Bryan
On Behalf of Countrywide Home l,oans, Inc.
01/29/08 Journal Entry

Other Pmnt
PAGE: 207
Attorner for Intervenor
Defendar
MEMO
I
Attorner for Intervenor
Defendart
MEMO
Attorney for Intervenor
Defendant
14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Moni.ca - West District
civil Division
II
II
II
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
I j
ZERNIK
CAS E HIS TOR Y
Date
Paid By ZERNIK, JOSEPH
Activity
T
Defepdant
01/29/08 Event I
Ex-Parte Application '
Terry B. Friedman
8:30 am
DEFENDMrT'S (JOSEPH ZERNIK) EX PARTE APPLICATION
1
FOR
THE IMMEDIATE RELEASE OF ALL ZERNIK'S FUNDS HELDI BY
LOS ANGELES SUPERIOR COURT;
Matter is called for hearing.
Defendant's ex parte motion is read,
denied as there is no notice of this
receiver.
considered, and
ex parte tol the
Moving party is to give notice.
01/29/08 Document Filed
Ex-Parte Application
Defendant, & Defendant in Pro Per
MEMO
FOR THE IMMEDIATE RELEASE OF ALL
ZERNIK'S FUNDS HELD BY L.A. COURT
Filed By ZERNIK, JOSEPH Defendant
01/29/0B Event Complete
Ex-Parte Application
Motion Denied
01/30/08 Event
Ex-Parte Application
Terry B. Friedman
8:30 am
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLICATION!
FOR THE IMMEDIATE RELEASE OF ALL ZERNIK'S FUNDp HELD
BY LOS ANGELES SUPERIOR COURT;
PAGE: 208
01/07/10 14:59:05
CAS E HIS TOR Y REP OIR T
Santa Monica - West District
civil Division
Ii
II
II
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
i
CAS E HIS TOR Y
Date Activity
Matter is caLled for hearing.
Defendant's ex parte application is read,
and denied with prejudice.
Jonsid'ered,
Plaintiff's counsel is to give notice.
01/30/08 Event Complete
Ex-Pa:rte Application
Motion Denied
01/30/08 Journal Entry
Paid By
$40.00
ZERNIK, JOSEPH
Other Pmnt
Defend/ant
01/30/08 Document Filed
Ex-Parte Application
Defendant, & Defendant in Pro Per
MEMO
FOR AN ORD. FOR THE IMMEDIATE
RELEASE OF ALL ZERNIK'S FUNDS
BY L.A. SUPERIOR COURT
HELD
Filed By ZERNIK, JOSEPH
Defendant
01/30/08 Document Filed
Opposition
Attorney for Plaintiff
MEMO
TO DEFT'S EX PARTE APPLICATION
On Behalf of
Filed By
01/30/08
SAMAAN, NIVIE
Sheppard, Mullin, Richter & Hampton
Document Filed
Notice of Ruling
Attorney for Plaintiff
?rlaintliff
Attor1ey for
,I I
Plaintiff
PAGE: 209
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
San ta Moni ca - West District
civil Division
Ii
II
II
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
,
I
ZERNU:K
II
II
II
CAS E HIS TOR Y
Date Activity
On Behalf of SAMAAN, NIVIE Plaint1iff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
01/31/013 Event
Motion - Protection Order MEMO
Lisa Hart Cole
9: 01 am
(NON-PARTY COUNTRYWIDE)
02/01/013 Document Filed
Request for Judicial Notice MEMO
Defendant, & Defendant in Pro Per
Defendant & cross-complainant
request for judicial notice in
support of his opposition to
Countrywide's motion for sanctions
and Zernik's notice of intent to
file for motion to vacate ...
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph
Defendant, & Defendant in
02/01/0:3 Document Filed
Miscellaneous-Other
MEMO
Defendant, & Defendant in Pro Per
Defendant & cross-complainant:
notice of intent to file a motion
to set aside and vacate judgment.
On Behalf of ZERNIK, JOSEPH
Defendant
Filed By Zernik, _Toseph
D e f e n ~ a n t , & Defendant in
02/01/0:3 Document Filed
Notice
MEMO
Attorney for Plaintiff
OF CROSS-APPEAL.
PAGE: 210
01/07/10 14:59:05
CAS E HIS TOR Y REPORT'
Santa Monica - West District
ci vil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
i
CAS E H J: S TOR Y
Date Activity
On Behalf of SAMAAN, NIVIE Pla.intliff
02/01/0:3 Journal Entry
Received - Civil Filing Fee
$100.00
Other Pmnt
On Behalf of SAMAAN, NIVIE Plaint.iff
02/06/08 Document Filed
Opposition
Defendant, & Defendant in Pro Per
Defendant & Cross-complainant's
Zernik opposition to Countrywide's
motion for an order to set
sanctions exceeding $16,000.
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant,
02/07/08 Event
Motion
Terry B. Friedman
8:45 am
NON-PARTY'S (COUNTRYWIDE HOME LOANS,
MOTION TO ENFORCE THE 23, 2007 ORDER
AGAINST DEFENDANT JOSEPH ZERNIK, FOR SANCTIONS;, FOR A
DECLARATION THAT COUNTRYWIDE HOME LOANS, INCORPQRATED
HAS NO OBLIGATION TO RESPOND FURTHER TO DEFENDAN1T
I
ZERNIK REGARDING THISE ACTION, AND FOR AN ORDEW TO
SHOW CAUSE RE WHY DEFENDANT JOSEPH ZERNIK SHOqLD; NOT
BE HELD IN CONTEMPT AND SANCTIONED ACCORDINGLY;
Non-party Countrywide Home Loans,
Inc. 's - to enforce protective
order, sanctions. (Reset by the
court from 1-11-08 by ex parte
application) .
MEMO
& Defendant in
MEMO
PAGE: 211
01/07/10 14:59:05
CAS E HIS TOR Y
REP 0 R
Santa Monica - West District
Civil Division
II : I II
Ii Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH _ II
CAS E H J: S TOR Y
Date Activi.ty

I
02/07/08 Document Filed I
Reply To Motion
I
MEMO
Attorney for Defendant
REPLY IN SUPPORT OF ITS MOTION TO
ENFORCE THE JULY 23, 2007
PROTECTIVE ORDER AGAINST DEFENDANT
JOSEPH ZERNIK AND FOR OTHER RELIEF
Filed By Cave, Bryan Attorney for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defendant
02/07/0:a Documen t F_il ed
Miscellaneous-Other MEMO
Defendant, & Defendant in Pro Per
Defendant & cross-complainant
Zernik's exhibits addendum to
opposition to real party in
interest Countrywide's motion for
an order to set sanctions
exceeding $16,000.
I
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
02/11/0:B Document Filed
Statement-Case Management
Defendant, & Defendant in Pro Per
On Behalf of ZERNIK, JOSEPH

Filed By Zernik,
& Defendant in
02/11/08 Document Filed
Notice
MEMO
Defendant, & Defendant in Pro Per
Defendant & cross complainant
notice of intent to file a motion
to set aside and vacate rulings,
PAGE: 21:2
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
It
CAS E H J: S TOR Y
Date Activity
orders and any other judicial
action by Judge Connor on July 6,
2007 & July 23, 2007, relative ...
On Behalf of ZERNIK, JOSEPH Defend.ant
Filed By Zernik, Joseph Defend:ant, & Defendant in
02/13/08 Document Filed
Ex-Parte Application MEMO
Lien Claimant
FOR ORD. DIRECTING RECEIVER TO PAY
JUDGMENT FROM MONIES BELONGING
TO DEFT. AND JUDGMENT DEBTOR
Filed By Olsen, Christopher J. Lien: Claimant
02/14/08 Document Filed
Miscellaneous-Other MEMO
Receiver
Receiver's Third Interim Report
for the month of January, 2008.
Filed By PASTERNAK, PASTERNAK & PATTON Rec:eiVier
02/15/08 Event
Motion
MEMO
Terry B. Friedman I
8:45 am
CROSS-COMPLAINANT'S (COUNTRYWIDE HOME LOANS, INC.)
MOTION TO ENFORCE THE JULY 23, 2007 PROTECTIVE ORDER
AGAINST DEFENDANT JOSEPH ZERNIK, FOR SANCTIONS, FOR
A DECLARATION THAT COUNTRYWIDE HAS NO OBLIGA.TIONj TO
RESPOND FURTHER TO DEFENDANT ZERNIK REGARDING
ACTION, AND FOR AN ORDER TO SHOW CAUSE RE WHY
DEFENDANT JOSEPH ZERNIK SHOULD NOT BE HELD IN
CONTEMPT;
FURTHER STATUS CONFERENCE RE STATUS OF
PAGE: 213
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
civil Div.ision
Ii 'II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERN;rK II
I' ! i "
CAS E HIS TOR Y
Date Activity
The Court issues its tentative as follows:
NON-PARTY COUNTRYWIDE MOTION TO
ORDER: GRANT (UNLESS STAYED)
ENFORCE PROTECTIVE
On October 5, 2007, Defendant Joseph Zernik f i ~ e d a
Notice of Appeal in this action. If Zernik has I
appealed the issuance of the protective order ptl
issue, any further ruling regarding that protecttLve
order is stayed.
916]. The Court does not know the basis of the
appeal to determine whether it relates to the
protective order now at issue. In the event that; the
appeal does not relate to the protective order, the
following tentative ruling will apply.
The first issue is whether the protective order is
valid. The protective order was issued by Los
Angeles Superior Court Judge J·acqueline Connor.
Generally, one superior court judge has no autihotrity
to nullify a duly made ruling of another superiok
court judge.
427-428]. There is an exception to this rule W;hep
the original judge is "unavailable" as when that!
judge has been disqualified.
Court (2005) 126 CA4th 417, 426]. Here, Judge Cornor
recused herself from this case pursuant to Code bf
Civil Procedures Section 170.3(c) (2)]. Hence, Judge
Connor is unavailable and this Court may r e v i e ~ w the
validity of the protective order.
Non-party Countrywide bases its Motion on two
grounds. First, Countrywide argues that the
protective order was issued pursuant to Code of
Civil Procedures Section 2031.060 and should be
enforced by sanctions against Zernik for misuse of
the discovery process.
Sections 2023.010 and 2023.030]. As it noted ip its
prior tentative ruling on this Motion, the Court:
finds that the protective order was not issued ip
PAGE: 214 01/07/10 14:59:05
CAS E HIS TOR Y
Santa Monica - West D.istrict
civil Div.ision
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
Date
PAGE: 21S
CAS E HIS TOR Y
Activity
regard to an existing discovery dispute beca.use, at
the time it was issued, Countrywide had complied
with Defendant Zernik's subpoenas. Rather, the I
protective order addressed Zernik's conduct that
arose after Countrywide complied. This raises the
question whether Zernik I s conduct related to ·che I
discovery process. Perhaps a broad reading of
of Civil Procedures Section 2031.060 would justify
issuance of discovery sanctions against Zernik based
on an interpretation that Zernik's conduct aro:pe[
directly out of the discovery process. The
will consider this basis and the attendant sanctions
that flow from it, but prefers to base a to
the protective order on firmer ground. I
Code of Civil Procedures Section 128 (a) (5) g:l:"ants
broad authority to the court in furtherance of I
justice to control proceedings before it. and
Countrywide were connected to a proceeding before
the court. Therefore, Code of Civil Procedures I
Section 128 (a) (5) applies and is a legitimate pasis
for the initial issuance of the protective
I
Countrywide offers extensive evidence to its
claim that Zernik has violated the protective order.
Accordingly, the Court will issue an order to
cause why Zernik should not be held in contempt for
violation of the protective order and sanction\=dl
pursuant to Code of Civil Procedures Section 1218 .
.A.ttorneys and unrepresented parties who elect to
submit on this published tentative ruling, withopt
making an appearance at the hearing, may so
the Court by communicating this to the Department's
staff before the set hearing time. See, e.g.,
California Rules of Court Rule 3.1308. I
Matter is called for hearing.
Counsel argue.
b1/07/10 14:59:05
CAS E HIS TOR Y
Santa Monica - West D:istrict
civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH II
CAS E H I :3 TOR Y
Date Activity
The Court adopts the tentative as modified: Sanct±ions
are imposed in the amount of $16,170.00 against I
defendant Joseph Zernik payable within twenty dlaxs.
If defendant does not pay the sanctions as ordered,
then the receiver is ordered to pay the amount;
An order to show cause re contempt is
7, 2008 at 8:45a.m. in Department WEJ
served by Tuesday, February 19, 2008.
set
and
on
is t¢> ,e
I
Status conference is held.
The Court reads and considers
A status conference is set on
cross ·-complaint.
I
the receiver I report.
. I
March 7, 2008 as the
Plaintiff's counsel is to give notice.
TO ENFORCE PROTECTIVE ORDER
/FURTHER STATUS CONFERENCE
02/15/08 Event Complete
Motion
Motion Granted
MEMO
TO ENFORCE PROTECTIVE ORDER
/FURTHER STATUS CONFERENCE
02/15/08 Scheduled Event
Contempt Hearing
Terry B. Friedman
03/07/08 at 9:30 am
MEMO
2.) Further Status Conference
C:ross-complaint.
re
PAGE: 216 01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
eivi.l Division
rr II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERlUr II
l!: : 'I
CAS E HIS TOR Y
Date Activity
02/15/08 Document Filed
Tentative Ruling MEMO
Court
RE NON-PARTY COUNTRYWIDE MOT. TO
ENFORCE PROTECTIVE ORDER
02/15/08 Document Filed
Notice MEMO
Defendant, & Defendant in Pro Per
OF POINTS FOR:
a) CASE MANAGEMENT CONFERENCE
b) MOTION FOR SANCTIONS
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph & Defendant in
02/19/08 Document Filed
Order to Show Cause
MEMO
Attorney for Intervenor
re: contempt is signed by Judge
Friedman this date.
Filed By Cave, Bryan
Attofney for Intervenor
·On Behalf of Countrywide Home Loans, Inc. Defe:ndant
02/19/08 Document Filed
Notice
MEMO
Clerk:
NOTICE TO ATTORNEY IN RE NOTICE OF
APPEAL
02/21/08 Document Filed
Notice
MEMO
Attorney for Defendant
PAGE: 217
P1j07j10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
!
CAS E H I 8 TOR Y
Date Activity
to defendant Joseph Zernik to
appear on March 7, 2008 and show
cause why he should not be held
:in contempt of court and
sanctioned for violations of the
.July 23, 2007 protective o:r-der.
Filed By Cave, Bryan Atcorney for Intervenor
On Behalf of Countrywide Home Loans, Inc. DeEehdant
02/21/0S: Document Filed
Declaration MEMO
Attorney for Defendant
of eEd Fuchs :r-egarding service of
notice to appear on March 7, 2007
and order re: contempt on
defendant Joseph Zernik.
I
Filed By Cave, Bryan for Intervenor
I
On Behalf of Countrywide Home Loans, Inc.
02/22/08 Document Filed
Notice MEMO
Clerk
N'I'C TO REPORTERS TO PREPARE TRANS
ON APPEAL
03/03/0e Document Filed
Ex-Parte Application MEMO
Defendant, & Defendant in Pro Per
FOR CONI'. OF HRNG ON OSC RE CON­
TEMPT
Filed By ZERNIK, JOSEPH
PAGE: 218
f1/07/10
14:59:05
CAS E HIS TOR Y REPOR'l'
Santa Monica - West District:
civil Divi.sion
rr:=====
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
, I
ZERNIK
U=====
Date
03/03/08
03/03/08
Paid By
03/03/08
03/04/08
03/04/08
PAGE: 219
:==============:
CAS E HIS TOR Y
Activity
---------_._-----­
Event
Ex-Parte Application
Terry B. Friedman
8: 30 am
DEFENDANT/DEFENDANT
EX PARTE: APPLICATION
I i
j I
'
IN PRO PER'S (JOSEPH ZERNIK)
FOR CONTINUANCE OF HEARING dN
COUNTRYWIDE 'S OSC
3/7/0B)
RE: CONTEMPT AGAINST ZEllliIK;
Matter is called for hearing.
Defendant's ex parte motion
opposed, and denied.
is read, considered,
Notice is deemed waived.
,Tournal Entry
$40.00
ZERNIK, JOSEPH
Other Pmnt
Defendant
Event Complete
Ex-Parte Application
Motion Denied
Document
Notice
Clerk
Filed
MEMO
/
NOTICE TO PARTIES RE FEE FOR
CLERK'S TRANSCRIPT ON APPEAL
Document Filed
Reply To Motion
Attorney for Defendant
MEMO
Non-party Countrywide Home LOan!3,
14:59:05
II
CAS E HIS TOR Y Fl E P 0 R 'I'
Santa Monica - West District
Civil Division
rr====='
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE:RNI,K
I
[I
CAS E HIS TOR Y
Date Activity
Inc. 's reply to defendant Joseph
Ze:cnik's opposition to order to
show cause why he should not be
held in contempt; declaration of
John W. Amberg.
Filed By Cave, Bryan for
On Behalf of Countrywide Home Loans, Inc.
03/07/08 Event
Contempt Hearing
Terry B. Friedman
9:30 am
CONTEMPT HEARING AS TO DEFENDANT JOSEPH ZERNIK:,
FURTHER STATUS CONFERENCE RE CROSS-COMPLAINT;
Matter is called for hearing.
There is no appearance by defendant Joseph Ze:cnih:..
Defendant caLls the Court and speaks to the clerk. and
informs her that he will not be making an
Counsel for cross-defendants, Robert Shulkin,
via Court Call.
The Court finds that defendant Joseph Zernik :"1Cjid
knowledge of this hearing and that the matter mar
proceed.
Counsel for Countrywide makes an opening statement .
•Jenna Moldawsky and Todd Boock are sworn and testify
for the non-party Countrywide.
Non-party Countrywide's exhibits 1 (Tentative ruling
I •
dated 7/23/07). 2 (transcript from 1/23/07),
order dated 7/23/07). 4(10/16/07 e-mail from
dant Zernik). 5(10/16/07 e-mai1ed letter from
6(11/1/07 e-mail from defendant Zernik). 7(11/J/97
Intervenor
MEMO
PAGE: 220
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica .- West District
civil Division
rr=
II
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
I
[L
CAS E HIS TOR Y
Date Activity
e-mail from John Amberg), 8(11/1/07 e-mail from
defendant Zernik), 9(11/2/07 letter from John AlTlbllrg),
10(11/3/07 e-mail from defendant Zernik), 11(11(14/07
e-mail and letter from defendant Zernik), 12(12!2V07
e-mail from defendant Zernik), 13(1/9/08 e-mail ftom
I
defendant Zernik), 14,15(each a 1/10/08 e-mail frpm
defendant Zernik), 16(1/12/08 e-mail from
Zernik), 17( 1/14/08 letter from John Amberg), 18i
(1/15/08 Notice of Ruling), 19 ( 1/15/08 eo-mail fr,bm
defendant Zernik), 20(1/16/08 e-mail letter from
defendant Zernik), and 21(1/25/08 e-mail from d.;efen­
dant Zernik) are marked for identification and later
a.dmitted into evidence.
Non-party rests.
Counsel argues.
The Court enters judgment in favor of the non--pa:r:ty
Countrywide and against defenda.nt Joseph
the amount of $7,500.00. The collection of the
is suspended. If there is a further violaticnl of the
protective order, then Countrywide, upon giving
days notice, may request that the Court order
receiver to release funds.
Further Court findings are as reflected in the nQtes
of the officia.l court reporter and incorporateQ. into
this minute order herein. I
All exhibits are returned to counsel for non-party
Countywide in open court.
Counsel for non-party is to submit a proposed
and give notice of this hearing.
Status conference is held and continued to
10, 2008 at 8:45a.m. in Department WEJ as an
is pending. ! I
Plaintiff's counsel is to give notice of the status
PAGE: 221 01/07/10 14:59:05
II
CAS E HIS TOR Y REPOR'l?
Santa Monica - West District
Civil Division
lo-
Case Number: SC087400 NIVIE SAMAAN V8. JOSEPH ZERNIK
1.1:::=
CAS E H J: S TOR Y
Date Activity
conference only.
2.) Further Status Conference re
Cross-complaint.
03/07/08 Event Comp.lete
Contempt Hearing MEMO
Order Issued
2.) Further Status Conference re
Cross-complaint.
03/07/08 Scheduled Event
Further Status Conference
Terry B. Friedman
09/10/08 at 8:46 am
03/07/08 Document Filed
Notice of Ruling
Attorney for Defendant
Filed By Cave, Bryan Atto:r;nE)Y for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defenda,nt
Filed By Shatz, Sanford Fonner Attorney for Defen
03/07/08 Document Filed
Statement-Case Management
Defendant, & Defendant in Pro Per
On Behalf of ZERNIK, JOSEPH Defendant
I
Filed By Zernik, Joseph DefeAd.nt, & Defendant in
03/11/08 Document Filed
.Judgment MEMO
Attorney for Defendant
RE: CONTEMPT
,
Filed By Cave, Bryan A t t o k n ~ y for Intervenor
I
PAGE: 222
fl/07/10 14,59,05
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CAS E HIS TOR Y REPOR'I'
Santa Monica - West District
Civil Div.ision
--------!
rr=

Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZEmpK
lb
CAS E HIS TOR Y
Date Activity
On Behalf of Countrywide Borne Loans, Inc.
03/11/08 Document Filed
Notice
Attorney for Plaintiff
OF ELECTION TO PROCEED UNDER
CALIFORNIA RULE OF COURT 8.124
(APPENDIX IN LIEU OF CLERK'S
TRANSCRIPT)
Filed By Sheppard, Mullin, Richter & Hampton
03/12/08 Document Filed
Notice
Defendant, & Defendant in Pro Per
for the Honorable Judge Friedman
to cease and desist; alternatively
filing for immediate disqualif.
per CCP section 170.3.
On Behalf of ZERNIK, JOSEPH
Filed By zernik, Joseph
03/13/08 Document Filed
Order
Attorney for Defendant
H.E CONTEMPT HEARING IS SIGNED BY
,fUDGE FRIEDMAN THIS DATE.
Filed By Cave, Bryan
On Behalf of Countrywide Home Loans, Inc.
03/13/08 Document Filed
Miscellaneous-Other
:Receiver
RECEIVER'S FOURTH INTERIM REPORT
FOR THE MONTH OF FEBRUARY, 2008
PAGE: 223
DefenCiiaJjJ.t
MEMO
Attorney for Plaintiff
MEMO

& Defendant in
. I
MEMO
Attofn,y for Intervenor
Defe*d+nt
MEMO
D1/07/10 14:59:05
CAS E HIS TOR Y REP 0 R 'I'
Santa Monica - West District
civil Div.ision
rr= -----r-j
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH zEml'hl}
IL
-

I
"
CAS E HIS TOR Y
Date Activity
Filed By PASTERNAK, PASTERNAK & PATTON Receiver
03/19/08 Event
Non-Appearance (Case Review)
Terry B. Friedman
9:00 am
CASE REVIEW (NON-APPEARANCE) i
Upon review of the court file, the Court finds that
Notice for the Honorable Judge Friedman to Cease knd
Desist; Alternatively - Filing for Immediate Disqrali­
fication Per CCP Section 170.3 was filed on Marchi 12,
2008 by defendant Joseph Zernik.
The Court issu.es an Order Striking Statement
Disqualification signed and filed this date.
of!
J!., conformed copy of
Disqualification is
U.S. Mail.
the Order Striking Statemel1t
sent to defendant Zernik
of
Defendant is to give notice.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF' ORDER
I, the below named Executive Officer/Clerk of
above-entitled court, do hereby certify that I not
a party to the cause herein, and that this date !
served Notice of Entry of the above minute ord$r1of
3/19/08 upon each party or counsel named lbe:J-ow by
depositing in the United States mail at the
in Santa Monica , California, one copy of the I
original entered herein in a separate sealed
for each, addressed as shown below with the
thereon fully prepaid.
Date: March 19, 2008
PAGE: 224 01/07/10 14:59:05
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CAS E HIS TOR Y
Santa Monica .- West District
Civil Division
rr=
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
lb
CAS E HIS TOR Y
Date Activity
John A. Clarke, Executive Officer/Clerk
By:
J. Citron
Joseph Zernik
2415 Saint George Street
Los Feliz, California 90027
03/19/08 E'vent Complete
Non-Appearance (Case Review)
Order Issued
03/19/08 Docwnent Filed
Order MEMO
Court
STRIKING STATEMENT OF DISQUALIFI­
CATION IS SIGNED BY JUDGE FRIEDMAN
THIS DATE.
03/21/08 Docwnent Fi.led
l\banodnment of Appeal (from S.C.)
l\ttorney for Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton for Plaintiff
03/25/08 Bvent
Motion MEMO
Terry B. Friedman
8:45 am
TO ENFORCE THE PROTECTIVE ORDER OF
7/23/07 AND FOR SANCTIONS
/FURTHER STATUS CONF. RE RECEIVER­
SHIP
03/26/0B Document Filed
Notice
PAGE: 1/07/10 14:59:05
CAS E REP 0 R T
Santa Monica - West District
c.ivil Div.ision
IF
II Case
lh
Number; SC087400 NIVIE SAMAAN VS. JOSEPH

ZERNII}
I
i
'I
CAS :e: HIS'l'ORY'
Date Activity
Clerk
03/27/08 Document Filed
Miscellaneous-Other
Defendant, & Defendant in Pro Per
MEMO
REQUEST
RECORDS
IN CASE
FOR RE-DESIGNATION OF
OF CONSOLIDATED APPEAL
(SC087400)
04/04/08 Document Filed
Notice of Ruling
Attorney for Plaintiff
MEMO
NOTICE OF RULING RE DEFENDANT'S
FEDERAL COURT APPLICATION FOR
TEMPORARY RESTRAINING ORDER
On Behalf
Filed By
of SAMAAN, NIVIE
PASTERNAK, PASTERNAK & PATTON
Plaintiff
Receiveir
04/15/08 Document Filed
Miscellaneous-Other
R.eceiver
MEMO
RECEIVER'S FIFTH INTERIM REPORT
FOR THE MONTH OF MARCH, 2008
DEPT J
Filed By PASTERNAK, PASTERNAK & PATTON
05/09/08 Document F:lled
Miscellaneous-Other
Attorney for Plaintiff
MEMO
RESPONDENT I S l'\MENDED
COUNTERDESIGN1\TION OF RECORD
ON APPEAL.
PAGE: 226 01/07/10
I
14:59:05
CAS E HIS TOR Y
Santa Monica - West District
civil Divisi.on
Ir
II Case Number:
lb
SC087400 NIVIE SAMAAN VS. JOSEPH
. I
ZERNIE:
!
II
"
'I
CAS E HIS TOR Y
Date Activity
05/13/08 Document Filed
Miscellaneous-Other
Receiver
MEMO
RECEIVER'S SIXTH
FOR THE MONTH OF
INTERIM REPORT
APRIL 2008
Filed By
05/15/08
PASTERNAK, PASTERNAK & PATTON
Document Filed
Ex-Parte Application
Defendant
Receiver
I
MEMO
For An Order For The Immediate
Release of All Zernik's Funds Held
By Los Angeles Superior Court
Filed By ZERNIK, J'OSEPH Defendant
05/19/08 Event:
Ex··Pa.rte Application
Norman P. Tarle
8: 30 am
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLICATION
THE: IMMEDIATE RELEASE OF ALL ZERNIK'S FUNDS EELD
THE LOS ANGELES SUPERIOR COURT;
FOR
BY
Defendant's Ex Parte Application is read and
considered.
Jill Ex Parte Application
All Zernik's Funds Held
was previously ruled on
B. Friedman, and denied
For the Immediate Release of
by Los Angeles Superior
by the honorable Judge Terry
with prejudice.
Based upon Judge Friedman's January 30, 2008 r\lling,
and this court's review of the moving papers, th
l
motion remains denied with prejudice.
PAGE: 227 1/07/10 14:59:05
II
CAS E HIS TOR Y REP 0 R 'I'
Santa Monica - West: District
Civil Division
rr Ii
Case Number: SC087400 NIVIE SArV'.AAN VS. JOSEPH
lb 'I
CAS :E:
Date Activity
---,---J--------­
The clerk is to send notice.
CLERK'S CERTIFICATE OF MAILING/
NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of tpe
above-entitled court, do hereby certify that I amjnot
a party to the cause herein, and that this date I'
served Notice of Entry of the above minute order pf
5-19-08 upon each party or counsel named below py'
depositing in the United States mail at the courthouse
in Santa Monica, California, one copy of the
original entered herein in a separate sealed envelope
for each, addressed as shown below with the postage
thereon fully prepaid.
Date: 5-19-08
John A. Clarke, Executive Officer/Clerk
By:
L. IJane
MOE KESHAVARZI
Sheppard Mullin Richter & Hampton LLP
333 S. Hope Street, 48th Floor
Los Angeles, CA 90071-1448
JOSEPH ZERNIK
2415 Saint George Street
Los Feliz, CA 90027
05/19/08 Bvent Complete
Ex-Parte Application
Denied
PAGE: 228 01/07/10 14:59:05
CAS E HIS TOR Y'
8anta Monica - West: District
C.i vil Di v.i sian
Ir II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
II
II
I!=o
CAS E HIS TOR Y
Date Activity
05/19/08 Journal Entry
MEMO
$40.00
Other Pmnt
DEFENDANT'S FOR ORDER FOR THE
IMMEDIATE RELEASE OF ALL ZERNIK'S
FUNDS HELD BY LOS ANGELES SUPERIOR
COURT
Paid By ZERNIK, JOSEPH Defendant
OS/20/08 Document Filed
Notice of Ruling
Attorney for Plaintiff
On Behalf of SAMAAN, NIVIE Plainti,ff
Filed By Sheppard, Mullin, Richter & Hampton Attor,nejy for Plaintiff
06/02/08 Document Filed
Declaration MEMO
Defendant, & Defendant in Pro Per
for mistrial
Filed By ZERNIK, JOSEPH Deferidc1nt
06/02/08 Event
Non-Appearance (Case Review)
Terry B. Friedman
9:00 am
CASE REVIEW (NON-APPEARANCE);
Defendant in pro per does not appear but files a
Declaration For Mistrial that was originally ebtitled
Ex Parte Application for Mistrial. I
Defense counsel appears as she was given bf
an ex parte hearing.
PAGE: 229
/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West: District
civil Division
Ir
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
1.10=
"
CAS E
Date Activity
The Court strikes the declaration as having any
effect.
Further notice is not necessary_
06/02/08 Event Complete
Non-Appearance (Case Review)
Order Issued
06/02/08 Document Filed
Opposition MEMO
Attorney for Plaintiff
to eft's ex parte app_
On Behalf of SAMAAN, NIVIE
Filed By Sheppard, Mullin, Richter & Hampton Attornqy for Plaintiff
06/10/08 Document Filed
Miscellaneous-Other MEMO
Receiver
RECEIVERS SEVENTH INTERIM REPORT
FOR THE MONTH OF MAY, 2008
Filed By PASTERNAK, PASTERNAK & PATTON
06/11/08 Document F.iled
Notice-Pendinq Action MEMO
Attorney for Defendant
NOTICE OF PENDING ACTION
(LIS PENDENS)
Filed By Bronner, Deborah R. & Associates for Plain
On Behalf of Zernik, Joseph Defepd$nt, & Defendant in
06/11/08 Document Filed
Substitution of Attorney
Attorney for Defendant
PAGE: 230 1/07/10 14:59:05
------------
II
CAS E HISTORY' REPOR'l'
Santa Monica - West District
Civil Division
F'=====:
Case Number: SCO 87400 NIVIE SAMAAN VS. JOSEPH
lk - _
CAS E HIS T 0 :R Y
Date Act:ivity
On Behalf of ZERNIK, ,JOSEPH
Filed By Bronner, Deborah R. & Associates
06/12/08 Document Filed
Demand for Jury Trial
Defendant, & Defendant in Pro Per
Notice of intent to move for a new
trial and demand for a jury trial.
On Behalf of ZERNIK, JOSEPH
Filed By Zernik, Joseph
06/12/08 Document Filed
Not:ice
Defendant, & Defendant in Pro Per
of intent to move for a new trial
and demand for a jury trial
On Behalf of ZERNIK, JOSEPH
Filed By Zernik, Joseph
06/12/08 Document Filed
Proof of Service
for Defendant
On Behalf of ZERNIK, JOSEPH
Filed By Bronner, Deborah R. & Associates
06/12/08 Document: Filed
Substitution of Attorney
Defendant, & Defendant in Pro Per
On Behalf of ZERNIK, JOSEPH
Filed By Zernik, Joseph
06/24/08 Document Filed
Notice
:Receiver
of application and receiver's
application for issuance of order
'I
Defenda:nt
Former Attorney for Plain
MEMO
Defendant
Defendapt, & Defendant in
MEMO
Defendapt
Defendant, & Defendant in
Defendint
At torney for Plain
Defendant
Defendant, & Defendant in
MEMO
PAGE: 231 1/07/10 14:59:05
CAS E HIS TOR Y
Santa Monica - West District
Civil Di.vision
rr=
I
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIII: II
I
lb
-
CAS E HIS TOR Y
Date Activity
re payment of consequential
damages, etc.; declaration David
J. Pasternak; memorandum of points
and authorities
Filed By PASTERNAK, PASTERNAK & PATTON Receiveit:'
06/24/08 IIournal Entry
Filed By
$40.00
PASTERNAK, PASTERNAK
Other
& PATTON
Pmnt
Receive:r
06/25/08 Scheduled Event
Motion
Terry B. Friedman
07/29/08 at 8:46 am
MEMO
Receiver's - for order re
of consequential damages
payment
07/15/08
On Behalf
Filed By
Document Filed
Request for Judicial Notice
Defendant, & Defendant in Pro
of ZERNIK, JOSEPH
Zernik, Joseph
Per

Defetid.nt, & Defendant in
07/15/08 Document Filed
Declaration
Defendant, & Defendant in Pro Per
MEMO
of defendant and cross-complainant
Zernik: racketeering in and by the
Los Angeles Superior Court in
Samaan v Zernik (SC087400)
On Behalf
Filed By
of ZERNIK,
Zernik,
JOSEPH
Joseph
Defendant
& Defendant in
PAGE: 232
14:59:05
I
II
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
civil Division
rr=
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIt
l!::
CAS E HIS'rORY
Date Activity
07/15/08 Document Fil.ed
Request for Judicial Notice
Defendant, & Defendant in Pro Per
On Behalf of ZERNIK, JOSEPH Defendaht
Filed By Zernik, Joseph & Defendant in
07/15/08 Document Filed
Request for Judicial Notice
Defendant, & Defendant in Pro Per
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendapt, & Defendant in
07/15/08 Document Filed
Notice MEMO
Defendant, & Defendant in Pro Per
of two letters to FBI ....
On Behalf of ZERNIK, JOSEPH Defendant
Filed By Zernik, Joseph Defendant, & Defendant in
07/15/08 Document Filed
Notice MEMO
Defendant, & Defendant in Pro Per
of two letters in re: racketeering
On Behalf of ZERNIK, JOSEPH DefendAnt
Filed By Zernik, Joseph Defendfnt, & Defendant in
07/15/08 Document Filed
Miscellaneous-Other MEMO
Receiver
RECEIVER'S EIGHTH INTERIM
REPORT FOR THE: MONTHS OD JUNE
PAGE: 233 01/07/10 14:59:05
CAS E HIS TOR Y
Santa Monica -- West: District
Civil Division
rr====== 11
" Case Number: SC087400
NIVIE SAf'iIAAN VS. JOSEPH ZERNIt
II
Jj
I.h ===============:
CAS E HIS TOR Y
Date Activity
Filed By PASTERNAK, PASTERNAK & PATTON Receiver
07/17/08 Document Filed
Ex-Parte Application MEMO
Attorney for Plaintiff
to move -the receiver I s mot. for
instruction from 9/18/08, to the
earliest possible date
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
07/17/08 Event
Ex··Parte Application
B. Friedman
9:00 am
PLAINTIFF'S (NIVIE SAMAAN) EX PARTE APPLICATION Tp
MOVE THE RECEIVER'S MOTION FOR INSTRUCTION FROM
SEPTEMBER 18, 2008, TO THE EARLIEST POSSIBLE Dl\TE;;
(SC: 9/10/08)
Matter is called for hearing.
Plaintiff's ex parte motion is read, considered,
unopposed and granted .
the Receiver's Motion set on September
18, 2008 is advanced to this da.te and continueo. to
29, 2008 at 8:45a.m. in Department WEJ.
lilly opposition is to be filed by July 28, 20013 and may
be e-mailed to the plaintiff.
Moving party is to give notice and submit a
- . I
order.
07/17/08 Event Complete
Ex-Parte Application
IV/otion Granted
PAGE: 234 1/07/10 14:59:05
CAS E HIS TOR Y
Santa Monica - West District
Civil Division
=
ff II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
II
lb 'I
CAS E HIS TOR Y
Date Activity
07/17/08 Event Complete
Motion
Advanced to this date & continued
MEMO
Receiver's - for order re
of consequential damages
payment
07/18/08 Document Filed
Order
Attorney for Plaintiff
MEMO
GRANTING PLFF'S
SIGNED BY JUDGE
EX PARTE APP.
FRIEDMAN THIS
IS
DATE
On Behalf of
Filed By
SAMAAN, NIVIE
Sheppard, Mullin, Richter & Hampton

AttornSy for Plaintiff
07/18/08 Document Filed
Notice of Ruling
Attorney for Plaintiff
On Behalf of SAMAAN, NIVIE Plairtdff
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
07/29/08 Bvent
Motion MEMO
Terry B. Friedman
8:45 am
S (DAVID J. PASTERNAK) MOTION FOR ORDER RE
PAYMENT OF CONSEQUENTIAL DAMAGES, ETC.;
The Court gives its tentative as follows:
RECEIVER MOTION FOR RE PAYMENT OF
CONSEQUENTIAL DAMAGES: GRANT
No party filed a response to this Motion for
the Receiver served proper notice. Plaintiff
on Defendant Notice of the advancement of the
PAGE: 23."i 01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R ')['
Santa Monica - West District
civil Division
-
II
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNII
II
lb
CAS E HIS TOR Y
Date Activity
hearing date on this Motion by email and overnigh
delivery on July 17, 2008. '
The Motion is proper. Plaintiff is entitled to
consequential damages incurred to vindicate hfer
right to purchase based on the specific
order in this action. t
937, 946]. These damages are lost rental income a d
the interest differential for the period Novemb\=r 1,
2004 to November 14, 2007. This amounts to I
$361,309.94. Defendant is entitled to an offset
his loss of use of the funds. I
calculates the offset to be $215,592.54.
the Court grants the Motion ordering the Receiverlto
pay Plaintiff consequential damages in the amouht of
$145,717.40.
Attorneys who elect to submit on this published
tentative ruling, without making an appearance at
the hearing, may so notify the Court by
communicating this to the Department's staff beFore
the set hearing time. See, e.g., CRC Rule
Matter is called for hearing.
There is no appearance by defendant.
Counsel submit on the Court's tentative.
The Court adopts the tentative as its order.
Order is signed and filed this date.
Receiver is to give notice.
RECEIVER'S - MOT. FOR ORDER
07/29/08 Event Comp.lete
Motion MEMO
Motion Granted
PAGE: 236 01/07/10 14:59:05
II
CAS E HIS TOR Y
Banta Monica - West District
Civil Division
11=====
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIE:
lb 'I
CAS E HIS TOR Y
Date Activity
RECEIVER'S - MOT. FOR ORDER
07/29/08 Document Filed
Tentative Ruling
Court
MEMO
RE RECEIVERS MOT. FOR
PAYMENT OF DMtll..GES
ORDER RE
07/29/08 Document
Order
Receiver
Filed
MEMO
RE PAYMENT OF PARTIES' CONSEQUEN­
TIAL DAMAGES, ETC. IS SIGNED BY
JUDGE FRIEDMAN THIS DATE.
Filed By PASTERNAK, PASTERNAK. & PATTON
, I
Recelver:
07/29/08 Document Filed
Notice
Defendant, & Defendant in Pro Per
MEMO
to Judge Terry Friedman, to
"receiver" Pasternak, and parti.es
in Samaan v. Zernik (SC087400) to
cease and desist racketeering
On Behalf of
Filed By
ZERNIK.,
Zernik,
JOSEPH
Joseph

Defendar_t,
& Defendant in
07/31/08 Document Filed
Notice of Ruling
Receiver
J ,
MEMO
NOTICE OF RULING RE RECEIVER'S
APPJ:"ICATION FOR ISSUANCE OF ORDER
RE PAYMENT OF CONSEQUENTIAL DAMAGE
PAGE:, 237 011/ 07/ 10 14 : 59 : 05
CAS E HIS T () R Y REP 0 R T
Santa Monica - West District
Civil Divisj.on
r
II Case Number:
l'=
SCO 87400 NIVIE SAMAAN VS.
..
JOSEPH
I

I I
I
II
CAS E HIS TOR Y
Date Activity
S
Filed By PASTERNAK, PASTERNAK & PATTON Receiver
08/18/08 Document Filed
Miscellaneous-Other
Receiver
MEMO
RECEIVER'S NINTH
FOR THE MONTH OF
DEPT J
INTERIM REPORT
JULY, 2008
Filed By PASTERNAK, PASTERNAK & PATTON Receiver
09/10/08 Event
Further Status Conference
Terry B. Friedman
8:46 am
FURTHER STATUS CONFERENCE;
Matter is called for hearing.
:Robert Shulkin,
via Court Call.
counsel for cross-defendants,
'
There is no appearance by cross·-complainant.
Sta.tus conference is held a.nd continued to
10, 2008 at 8:45a.m. in Department WEJ re
appeal of eros s·· complaint.
Counsel for craBs-defendants is to give notice.
09/10/08 Event Complete
Further Status Conference
Status conference is held & cant.
09/12/08 Document Fi1.ed
Notice of Ruling
Attorney for Cross-Defendaht
MEMO
PAGE: 238
I
14:59:05
II
CAS E HIS T () R Y REP 0 R T
Santa Monica - West District
Civil Division
rr=
Case Number: SC087400 NIVIE Sl\MAAN VS. JOSEPH
lb
CAS E HIS TOR Y
Date Activity
AT STATUS CONFERENCE
On Behalf of Coldwell Banker Residential Brokerage
On Behalf of Libow, Michael
Filed By LAW DEPT. COLDWELL BANKER RES. BROKERAG Attorney for Cross-Defend
09/16/08 Document Filed
Miscellaneous-Other MEMO
Receiver
RECEIVER'S TENTH INTERIM REPORT
FOR THE MONTH OF AUGUST 2008
Filed By PASTERNAK, PASTERNAK & PATTON Receiver
09/18/08 Event
Motion MEMO
Terry B. Friedman
8:46 am
Receiver's - for order re payment
of consequential damages
10/08/08 Document Filed
Notice of Lien
Attorney for Lien Claimant
Filed By Olsen, Christopher J. Lien Clrimant
10/22/08 Document Filed
Miscellaneous-Other MEMO
Receiver
RECEIVER'S ELEVENTH INTERIM
REPORT FOR THE MONTH OF SEPTEMBER
2008
Filed By PASTERNAK & PATTON Recei ve'r
PAGE': 239 011/07/10 14: 59: 05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
rr=
II Case Number:
LL
SC087400 NIVIE
:
SAMAAN VS. JOSEPH ZERNIIt
II
II
II
CAS E HIS T 0 :R Y
Date Activity
10/31/08 Scheduled Event
Further Status Conference
Terry B. Friedma.n
11/21/08 at 8:45 am
MEMO
re appeal on Cross-complaint
2.) Plaintiff's motion for
appointment
10/31/08 Document Filed
NOTICE OF CONTINUANCE
Court
MEMO
of Further Status Conference of
11-10-08 to 11-21-08
Notice mailed to attorney for
plaintiff
10/31/08 Document Filed
NOTICE OF CONTINUANCE
Court
MEMO
of Further Status Conference of
11-10-08 to 11-21-08
Notice mailed to attorney for
defendant
10/31/08 Document FiJed
NOTICE OF CONTINUANCE
Court
MEMO
of Further Status Conference of
11-10-08 to 11-21-08
Notice mailed to defendant in pro
per
PAGE: 240 orr/07/10 14:59:05
CAS E HIS TOR Y REP 0 R 'X'
San ta Moni ca- WeB t: District
Ci vil Di vi si on
fF'====
II Case Number:
lh====
SC087400 NIVIE SAMAAN VS. JOSEPH Zlm$"If
i 1
II
CAS E HIS T 0 :R Y
Date Activity
10/31/08 Event
Non-Appearance (Case Review)
Terry B. Friedman
1:10 pm
NON-APPEARANCE CASE REVIEW
Case review is completed.
Court orders the FURTHER STATUS CONFERENCE, curreJ11tly
set for November 10, 2008, advanced to this d a t ~ .knd
continued to November 21, 2008 at 8:45 a.m. in
Department WE-J.
Notice Re: Continuance of Hearing is mailed
interested parties this date.
to ~ l l
Further notice is not required.
10/31/08 Event Complete
Non-Appearance
Completed
(Case Review)
10/31/08 Event Complete
Further Status Conference
Advanced to this date & continued
MEMO
RE APPEAl.. ON CROSS-COMPLAINT
11/10/08 Event
Further Status Conference
Terry B. Friedman
8:45 am
FURTHER STATUS CONFERENCE
CROSS-COMPLAINT;
RE STATUS OF APPEAL ON
MEMO
RE APPEAL ON CROSS-COMPLAINT
PAGE: 241
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Civil Division
0-=====:
11
i
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
; I J
I
l!:=====:
CAS E HIS TOR Y
Date Activity
11/12/08 Journal Entry
$40.00
Other Pmnt
I
On Behalf of SAMAAN, NIVIE Plaintiff
Paid By Sheppard, Mullin, Richter & Hampton for Plaintiff
11/12/08 Document Filed
I
Ex-Parte Application MEMO
Attorney for Plaintiff
TO SET THE HRNG. DATE FOR HER MOT.
FOR RECOVERY OF POST JUDGMENT ATTY
FEES ON THE EARLIEST POSSIBLE DATE
I
On Behalf of SAMAAN, NIVIE Plaintiff
I
Filed By Sheppard, Mullin, Richter & Hampton Attornet for Plaintiff
11/12/08 Event
Ex-Parte Application
Terry B. Friedman
8:30 am
PLAINTIFF'S (NIVIE SAMAAN) EX PARTE APPLICATION TO
!
SET
THE HEARING DATE FOR HER MOTION FOR RECOVERY OF PpST-
JUDGMENT ATTORNEY'S FEES ON THE EARLIEST POSSIB]:.,E DATE
(FURTHER SC: 11/21/08)
Matter is called for hearing.
Plaintiff J S ex parte motion is read, consi.dered" and
granted.
Motion, if filed and personally served by
13, 2008, is set on November 21, 2008 at 8:45a.m.
in Department WEJ. Opposition is due by November' 20,
2008 and is to be personally served. Plaintiff's
counsel waives a reply.
PAGE: 242
14:59:05
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Santa Monica - West District
Civil Division
-
- :===========
Case Number: 8C087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
j
CAS E HIS TOR 'Y
Date Activity
I
Plaintiff's counsel is to submit a proposed and
give notice. I
11/12/08 Event Complete
Ex-Parte Application
Hotion Granted
11/14/08 Docwnent Filed
Notice of Motion MEMO
Attorney for Plaintiff
Plaintiff Nivie Samaan's ... and
motion for appointment of recovery
of post-judgment contractual
attorney's fees and costs
On Behalf of SJ!..MAAN, NIVIE
Filed By Sheppard, Mullin, Richter & Hampton Attorndy for Plaintiff
11/14/08 Journal En try
$40.00
Other Pmnt
On Behalf of SJl.MAAN , NIVIE
I
Filed By Sheppard, Mullin, Richter & Hampton for Plaintiff
11/14/08 Document Filed
Notice of Ruling
Attorney for Plaintiff
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton Attorne;y for Plaintiff
11/17/08 DOCument Filed
Remittitur filed MEMO
C'ou:rt
COURT OF APPEAL
RESPONDENT(S) TO RECOVER COSTS
APPEAL IS DISMISSED
PAGE: 243
14:59:05
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Santa Monica - West District
Civil Division
ff I
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
II
IL
- 'I
CAS E HIS TOR Y
Dat,e Activity
11/21/08 Event
Further Status Conference
Terry B. Friedman
8:45 am
FURTHER STATUS CONFERENCE RE APPEAL ON CROSS-COMPLAINT
MEMO
PLAINTIFF'S
RECOVERY OF
I
(NIVIE SAMAAN) MOTION FOR OF
POST-JUDGMENT ATTORNEY'S FEES AND CbSFSi
Matter is called for hearing.
Receiver, David Pasternak,
defendant, Robert Shulkin,
earlier.
and counsel for cross­
appear via Court Call
The Court gives its oral tentative which is to
grant plaintiff's Motion for Appointment of
of Post-Judgment Attorney's Fees and Costs which
to be paid through the Receiver.
Further court findings are as reflected in the
of the official court reporter and incorporated ihto
this minute order herein.
A further status conference re
is set on February 24, 2009 at
WEJ. Receiver is requested to
next date.
need for
8:45a.m.
submit a
receivership
in
report far
"L t' f'
A tr1a. set1ng can erence 1S set
on February 24, 2009 at
Department WEJ.
. k I
re Zern1
8:45a.m. in
Plaintiff's counsel
give notice.
is to submit a proposed order' and
re appeal on Cross-complaint
2.) Plaintiff's motion for
appointment
PAGE: 244
14:59:05
, I
CAS E HIS TOR yo REP 0 R orl
Santa Monica - West District
civil Division
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
CAS E HIS TOR yo
Date Activity
11/21/08 Scheduled Event
Further Status Conference MEMO
Terry B. Friedman
02/24/09 at 8:46 am
re need for receivership
2.) Trial Setting Conference
11/21/08 Bvent Complete
Further Status Conference MEMO
Status conference is held & cont.
re appeal on Cross-complaint
2.) Plaintiff's motion for
appointment
12/08/08 Document Filed
• Miscellaneous-Other MEMO
Receiver
RECEIVER'S TWELFTH INTERIM REPORT
FOR THE MONTH OF OCTOBER, 2008
Filed By PA.STERNAK, PASTERNAK & PATTON Receiver
12/15/08 Journal Entry
$40.00
Other Pmnt
Filed By Cave, Bryan
Attornepr for Intervenor
On Behalf of Countrywide Home Loans, Inc. DefendaiUt
12/15/08 Document Filed
Ex-Parte Application
MEMO
Attorney for Defendant
FOR AN OST TO HEAR MOT. FOR MONE­
PAGE: 245
0 ~ / 0 7 / 1 0 14:59:05
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Santa Monica - West District
civil Division
Ii
-
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZEIRNIK
,
, II
!
l' II
!
CAS E HIS TOR Y
Date Activity
TARY SANCTIONS AGAINST DEFT.
ZERNIK FOR VIOLATIONS OF 7/23/07
PROTECTIVE ORDER AND FOR OTHER
RELIEF
Filed By Cave, Bryan for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defertdant
12/15/08 Document Fi.led
Declaration MEMO
for Defendant
OF TODD BLLCK IN SUPPORT OF
HOME LOANS, INC'S
EX PARTE APP. FOR OST
Filed By Ca.ve, Bryan for Intervenor
On Behalf of Countrywide Home Loans, Inc.
Defeqd1nt
12/15/08 Document Filed
Declaration
MEMO
Attorney for Defendant
OF JENNA MOLDAWSKY IN SUPPORT OF
EX PARTE APP. FOR OST
Filed By Cave, Bryan Attorney for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defendabt
12/15/08 Event I I
Ex--Parte Application
Terry B. Friedman
8:30 am
NON-PARTY'S (COUNTRYWIDE HOME LOANS, INC.) EX PARTE
APPLICATION FOR AN ORDER SHORTENING TIME TO HEA,R
MOTION FOR MONETARY SANCTIONS AGAINST DEFENDAl\"T
JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007'
PROTECTIVE ORDER AND FOR OTHER RELIEF ON THE EARLilEST
POSSIBLE HEARING DATE;
(FSC/TSC: 2/24/09)
PAGE: 246
14:59:05
CAS E HIS TOR Y
Santa Monica - West District
ci vi] Division
I
II
fr
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE,RNIIK Ii
II
CAS E HIS T Cl R Y
Date Activity
Matter is called for hearing.
l
The:re is no appearance by defendant.
Non-party's ex parte motion is read, considere9-,1 and
9ranted.
Accordingly, Countrywide's Motion will be hear\i lOn
January 13, 2009 at 8:45a.m. in Department
Order is signed and filed this date.
Moving party is to give notice.
1.2/1.5/08 Event Complete
Ex-Parte Application
!'lotion Granted
1.2/15/08 Document Filed
Order
MEMO
ll,ttorney for Defendant
GRANTING EX PARTE APP. FOR AN OST
TO HEAR MOT. FOR MONETARY SANC.
AGAINST DEFT. JOSEPH ZERNIK FOR
VIOLATION OF 7/23/07 IS SIGNED BY
JUDGE FRIEDMAN THIS DATE.
Filed By Ca.ve, Bryan
for Intervenor
On Behalf of Countrywide Home Loans, Inc.

12/15/08 Documen t Fi-I ed
Order
MEMO
Attorney for Plaintiff
GRllliTING PLFF NIVIE SAMAAN IS
MOT. FOR POST JUDGMENT ATTY'S FEES
IS SIGNED BY JUDGE FRIEDMAN THIS
DATE
PA.GE: 247
14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
II
II
II
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
j

L.J
•
CAS E HIS TOR Y
Date Activity
On Behalf of SAMAAN, NIVIE Plaibtkff
Filed By Sheppard, Mullin, Richter & Hampton for Plaintiff
12/15/08 Document Filed
Notice of Ruling MEMO
Attorney for Real Pty in Interest
granting Countrywide Home Loans,
Inc. I s ex parte application for an
earlier hearing date on Country­
wide's motion for sanctions and
other relief
Filed By Cave, Bryan
Attofnty for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defendant
12/18/08 Docwnent Fi 1ed
Notice of Motion MEMO
Moving Party
Non-party Countrywide Home Loans,
Inc. 's ... and motion (1) for
monetary sanctions against defend­
ant Joseph Zernik in the amount of
$5,564.50 for violations of the
July 23, 2007 protective order; ...
Filed By Cave, Bryan
for Intervenor
On Behalf of Countrywide Home Loans, Inc. DefeJddnt
12/18/08 ,..Journal En try
$40.00
Other Pmnt
Filed By Cave, Bryan
AttOl:.lney for Intervenor
On Behalf of Countrywide Home Loans, Inc. DeferldJnt
12/19/08 Scheduled Event
Motion for Sanctions
MEMO
Terry B. Friedman
01/13/09 at 8:47 am
PAGE: 248
14:59:05
CAS E HIS TOR Y REP 0 :R. or
Santa Monica - West District
Ci vii Di vision
II I 11
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH II
II
-' ! 'I
CAS E HIS TOR Y
Date Activity
Non-par'.:y's - for an OSC and for
a modification of the protective
oI'der
12/19/08 Document Filed
Proof of Service
Attorney for :Real Pty in Interest
I
Filed By Cave, Bryan Attorney for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defendant
12/31/08 Document Filed
Notice of Change of Address
Attorney for Cross-Defendant
On Behalf of Coldwell Banker Residential Brokerage Defehdant
On Behalf of Libow, Michael Deferp.dant
Filed By LAW DEPT. COLDWELL BANKER RES. BROKERAG Attorney for Cross-Defend
01/06/09 Filed
Notice
MEMO
Attorney for Real Pty in Interest
of non-opposition to Countrywide
Home Loans, Inc.' s motion for
sanctions and other relief
Filed By Cave, Bryan
AttornElY for Intervenor
On Behalf of Countrywide Home Loans, Inc.
Defend1nt
01/06/09 Filed
Declaration
MEMO
Attorney for Real Pty in Interest
Supplemental declaration of Jenna
r.'loldawsky in support of Country­
wide Home Loans, Inc. 's motion for
sanctions and other relief
a.gainst defendant Joseph Zernik
PAGE: 249
14:59:05
CAS E HIS TOR Y REP 0 R r
Santa Monica - West District
Civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH II
Ir

I' :===================
CAS E HIS TOR Y
Date Activity
-;i
Filed By Cave, Bryan Attoi"nEfY for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defendtnt
01/09/09 Document Filed
Declaration MEMO
l'..ttorney for Real Pty in Interest
Seccnld supplemental declaration of
Moldawsky in support of
Countrywide Home Loans, Inc. 's
motion for sanctions and ot:her
relief against defendant Joseph
Zernik
Filed By Cave, Bryan AttOltney for Intervenor
On Behalf of Countrywide Home Loans, Inc. De :en
Id I
f
-
ant
01/13/09 Event
1\1oti.on for Sanctions MEMO
Terry B. Friedman
8: 45 am
NON-PARTY'S (COUNTRYWIDE HOME J"OANS, INC.) MCCION
I I

SHOW CAUSE DEFENDANT JOSEPH ZERNIK SHOULD BE
HELD IN CONTEMPT AND SANCTIONED FOR VIOLATIONS oF!
I
THE PROTECTIVE ORDER; AND 3) FOR A OF
THE PROTECTIVE ORDER TO INCLUDE OFFICERS AND I
EMPLOYEES OF ALL COUNTRYWIDE AFFILI1'..TES, INCLUliING
BANK OF AMERICA CORPORATIONS; I
I
The Court issues its tentative:
NON-PARTY COUNTRYWIDE HOME LOANS MOTION FOR
SANCTION, ORDER TO SHOW CAUSE RE CONTEMPT AND
MODIFICATION OF PROTECTIVE ORDER: GRANT
Defendant / Cross-Complainant Joseph Zernik no
response to this Motion for which Non-Party
Countrywide Home Loans served timely notice.
PAGE: 250
14:59:05
, I
I I
I I
CAS E HIS TOR Y REP 0 R
TI I
Santa Monica - West District I I
lJ
I I
Ci vii Division
Case Number: ::;C087400 NIVIE SAMAAN VS. JOSEPH
CAS E HIS TOR Y
Date Activity
The first and second requests in this Motion reprise
issues previously decided by the Court. Countrywide
seeks sanctions and an order to show cause re:'
cont:empt against Zernik for further violations off a
,July 23, 2007 Protective Order. On February lS,
200B, this Court issued an Order imposing mone¢ajY
sanctions on Zernik and setting an Order to Sh¢w
Cause re Contempt against him for his of
the Protective Order. On March 7, 2008, the
found Zernik in contempt for his violations of tlj.e
Protective Order and imposed further monetary I
sanctions against him.
Once again, Countrywide presents evidence of Zernik
continuing to violate the Protective Order by I
engaging in harassment against employees and
officers of Countrywide. Countrywide bases
portion of its Motion on two grounds. First,
Countrywide argues that the protective order was
issued pursuant to CCP §2031.060 and should
enforced by sanctions against Zernik for misuse of
the discovery process.
2023.030]. The Court finds that Zernik's conduot
arises out of his subpoena to obtain document.s fliom
Countrywide and therefore constitutes a misuse of
t.he discovery process.
Second, Countrywide relies on CCP §128(a) (5) wh,i9h
grants broad a.u·:hori ty to the court in furtheranoe
of justice to control proceedings before it. Zer9ik
and Countrywide were connected to a proceeding I
before the court. Therefore, CCP §128(a) (5)
and is a legitimate basis for the initial issuance
of the protective order.
For the same reasons as it granted Countrywide's
February 15, 2008 Motion, the Court will grant. the
first request in this Motion for monetary sanctions
in the amount of $5,564.50.
PAGE: 251
14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
I
Ii
-
Ii
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH Z:E:RN±K
I
II
I'
-
'I
CAS E HIS TOR Y
Date Activity
t
Countrywide offers extensive evidence to support its
claim that Zernik has violated the protective Qr1er.
l\ccordingly, the Court will grant the second :req1fest
in t:his Motion to issue an order to show cause
Zernik should not be held in contempt for violGlt:ron
of the protective order and sanctioned pursuanJ;. to
CCP §1218. I
Lastly, Countrywide asks the Court to modify tile I
Protective Order to include officers and employeEts
of Countrywide affiliate Bank of America
Corporation. Countrywide offers evidence that
has engaged in the same harassment against Ban* qf
America officers and employees as he perpetrates I
against Countrywide officers and employees. For the
same reasons as the Court issued the Protective
Order, it will grant the third portion of the Mottion
to modify the Protective Order to include offideis
and employees of Countrywide affiliate Bank of
America Corporation within the scope of the
Protective Order.
Attorneys who elect to submit on this
tentative ruling, without making an appearance a4
the hearing, may so notify the Court by
to the Departmen: I s staff :)if 9re
the set hearlng tlme. See, e.g., CRL Rule
*** * **** * ** * ** **** ** *END OF TENTATIVE*** *****." *!**I*****
Matter is called for hearing.
, ,I
Ther'e is no appearance by defendant nor
filed.
. I
Counsel for Non-party submits on the Court's t:enta­
tive.
The Court adopts the tentative as its order.
The Court sets an order to show cause re contempti on
February 17, 2009 at 8:45a.m. in Department
PAGE: 252
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CAS E HIS T 0 :R Y
Santa Monica - West D.istrict
Civil Div.ision
[I
II
[I
Case Number: SC087400 NIVIE SAMAAN VS.
=:eJ
, I
JOSEPH
CAS E HIS TOR Y
Date Activity
Counsel for non-party is to give notice.
NON-PARTY'S - FOR AN OSC AND FOR
A MODIFICATION OF THE PROTECTIVE
ORDE;R
01/13/09 Event Complete
Motion for Sanctions
Motion Granted
MEMO
NON-PARTY'S - FOR
MODIFICATION OF
ORDER
AN OSC AND FOR
THE PROTECTIVE:
01/13/09 DOCLUnent Filed
Tentative Ruling
Court
MEMO
RE f'/[OT. FOR SANCTIONS
01/13/09 Scheduled Event
Order to Show Cause
Terry B. Friedman
02/17/09 at 8:46 am
MEMO
re contempt as to Joseph Zernik
01/13/09
Filed By
On Behalf of
Document Fi.led
Notice of Ruling
Attorney for Real
Cave, Bryan
Countrywide Horne
Pty in Interest
Loans, Inc.
AttolfnEjy for
Defertddnt
Intervenor
01/13/09 Document Filed
Order
Attorney for Defendant
MEMO
PAGE: 253
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CAS E HIS TOR Y
Santa Monica - West D:istrict
Civil Division
I I
Case Number: SC087400 NIVIE SAMAAN VS.
JOSEPH
CAS E HIS TOR Y
Date Activity
Filed By
On Behalf of
RE PROTECTIVE ORDER AND FOR SANC­
TIONS IS SIGNED BY ,JUDGE FRIEDMAN
THIS DATE
Ca.ve, Bryan
Countrywide Home Loans, Inc.
for
DeferidC'int
Intervenor
01/15/09 DocL/ment Filed
Notice
Attorney for Defendant
MEMO
TO DEFT. JOSEPH ZERNIK TO APPEAR
ON 2/17/09 AND SHOW CAUSE WHY HE
SHOULD NOT BE HELD IN CONTEMPT OF
COURT AND SANCTIONED FOR VIOLATION
OF 7/23/07 PROTECTIVE ORDER
Filed By
On Behalf of
Ca.ve, Bryan
Countrywide Home Loans, Inc.
Attor:ndy for

Intervenor
01/16/09 DOCLl.lTlent Filed
Miscellaneous-Other
Receiver
MEMO
RECEIVER'S THIRTEENTH INTERIM
R.EPORT FOR THE JVIONTH OF
NOVEMBER, 2008
Filed By PA.STERNAK, PASTERNAK & PATTON Receiveir
01/16/09 DOCL1'.lTlen t Fi.led
Miscellaneous-Other
Receiver
MEMO
RECEIVER'S FOURTEENTH INTERIM
R.EPORT FOR THE MONTH OF
DECEMBER, 2008
PAGE: 254
14:59:05
II
C 1\. S E HIS TOR Y
Santa Monica - West District
Civil Divjsion
rr:=====:
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNITK
Il ; 'I
CAS E HIS TOR Y
Date Activity
, T
Filed By PASTERNAK, PASTERNAK & PATTON
01/29/09 Document Filed
Declaration MEMO
Attorney for Real Pty in Interest
of Jenna Moldawsky regarding
service on defendant Joseph Zernik
of Notice to Appear on February 17
2009 and show cause why he should
not be held in contempt and
s.anctioned
Filed By Cave, Bryan Attorne,y for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defendant
02/13/09 CrouI'nal En.try
$40.00
Other Pmnt
Paid By Olsen, Christopher J. Lien Claimant
I
02/13/09 Even t I
Ex-Parte Application
, d I I
Terry B. Fr1e man I
8: 30 am
JUDGMENT CREDITOR/LIEN CLAIMANT IN PRO SE (CHEIST:OPHER
J. OLSEN) EX PAH.TE APPLICATION FOR ORDER
R.ECEIVER TO PAY JUDGMENT FROM NOMIES BELONGING Tal·
DEFENDANT AND JUDGMENT DEBTOR;
(OSe RE CONTEMPT: 2/17/09 FSC: 2/24/09) I I
Matter is called for hearing.
There are no appearances by other parties.
Judgment Creditor/Lien Claimant's ex parte is
read, considered, unopposed and granted. I
Order Directing Receiver to Pay Judgment is sign€1d
PAGE: 255
14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - west District
civil Division
rr
II
l!:
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
; I
k
ZERNI
=+==l
II
II
II
CAS E HIS TOR Y
Date Activity
thi.s date.
Moving party is to give notice.
02/13/09 Document Filed
Declaration
Lien Claimant
MEMO
OF CHRISTOPHER LT. OLSEN IN SUPPORT
OF EX PARTE APP. FOR ORD.DIRECTING
RECEIVER TO PAY JUDGMENT FROM
MONIES BELONGING TO DEFT. AND
JUDGMETN DEBTOR
Filed By Olsen, Christopher J. Lien Claimant
02/13/09 Document Filed
Order
Lien Claimant
MEMO
ON EX PARTE APP. FOR ORD. DIREC­
TING RECEIVER TO PAY JUDGMENT FROM
MONIES BELONGING TO DEFT. AND
JUDGMENT DEBTOR IS SIGNED BY
JUDGE FRIEDMAN THIS DATE.
Filed By Olsen, Christopher J. Lien Claimant
02/13/09 Event Complete
Ex-Parte Application
Motion Granted
02/17/09 Event
Order to Show Cause
Terry B. Friedman
8:46 am
ORDER TO SHOW CAUSE
JOSEPH ZERNIKj
RE CONTEMPT AS TO DEFENDANT
MEMO
Matter is called for hearing.
PAGE: 256
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CAS E: HIS TOR Y REP 0 R T
Scmta Monica - West District
Civil Division
rF I II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
IL I 'I
CAS E HIS TOR Y
Date Activity
There is no appearance by defendant.
The Court finds that notice is sufficient.
Counsel for non-party makes an opening statement.
Moldawskyand Todd Boock
for the non-party.
are sworn and testi' fy
Non-party exhibits 1 (declaration of Jenna Moldawsky),
2 (Order dated 3/13/08), 3 (minute order dated
4 (Judgment of Contempt dated 3/11/08), 5 (e-mail dfited
11/12/08 from Joseph Zernik), 6 (letter from Jennaj
Moldawsky dated 11/12/08), 7(11/24/08 e-mail letter
from Joseph Zernik), 8(12/9/08 e-mailed letter from
Joseph Zernik), 9 (12/9/08 e-mail from John Amberg)) ,
10 (12/9/08 e-mail fromJosephZernik).11 (12/9/108, e­
mail from Joseph Zernik), 12 (12/16/08 e-mail frbm,
Joseph Zernik), 13 (Order dated 1/13/09 of Judge
Friedman), and 14 (printout of Joseph Zernik's web
page) are marked for identification and admitted into
evidence.
Defense counsel argues.
The Court finds defendant Joseph Zernik in contempt
on six occasions and issues fines in the amount o'if
$1,000.00 for each occasion for a total of $6,000.00.
A.ll exhibits are
in open court.
returned to counsel for non-partiY
I
r-tloving party is
judgment.
to give notice and submit a propo:sed
re contempt as to Joseph Zernik
02/17/09 Event Complete
Order to Show Cause
MEMO
PAGE: 257
01/07/10 14:59:05
______________ _
CAS E HIS TOR Y REP 0 R T
Scinta Monica - West District
Ci vil Di vi sion
Ii ­
" Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
IL I ! 'I
CAS E HIS or 0 R Y
Date Activity
- - - J - _ ~
ose held & order is made
re contempt as to Joseph Zernik
02/17/09 Document Filed
Judgment MEMO
A.ttorney for Intervenor
R.E CONTEMPT IS SIGNED BY JUDGE
FRIEDMAN THIS DATE
Filed By Cave, Bryan Attorney for Intervenor
, '
On Behalf of Countrywide Home Loans, Inc. Defendant
02/19/09 Document Fi.led
:Report-Status MEMO
Receiver
Receiver's fifteenth interim
report for the month of January,
2009
Filed By Pl,STERNAK, PASTERNAK & PATTON Receiver
I
02/20/09 Document: Filed
Notice of Ruling MEMO
l\.ttorney for Intervenor
AND ENTRY OF JUDGMENT
Filed By Cave, Bryan Atto:tn¢y for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defendcltnt
02/24/09 Event
Furthe:r Status Conference MEMO
Terry B. Friedman
8: <*6 am
FURTHER STATUS CONFERENCE RE NEED FOR RECEIVERSHjI:P;
I
TRIAL SETTING CONFERENCE;
PAGE: 25£3 01/07/10 14:59:05
CAS E HIS TOR Y
Santa Monica -. West Di.strict
Civil Division
ir'=====
II Case Number: SC087400
NIVIE SAMAAN VS.= JOSEPH ,I
lk _,=== : i I II
CAS E HIS TOR Y
Date Activity
- "--­ -
Matter is called for hearing.
Plaintiff's counsel Moe Keshavarzi and cross-de/fel­
dants' counsel Robert Shulkin appear via Court
Status conference is held and cotninued to June 22,
2009 at 8:45a.m. in Department WEJ as the Federal
l
case is still pending.
Order to show cause re dismissal as to the cros's­
complaint/Motion to Expunge is set on March 27, 2iQ09
at 8:45a.m. in Department WEJ.
Counsel for cross-defendants is to give notice.
re need for receivership
2.) Trial Setting Conference
02/24/09 Scheduled Event
OSC-Failure to File Dism.
Terry B. Friedman
03/27/09 at 8:47 am
or Judg. MEMO
re Cross-complaint
2.) Plaintiff's motion to quash
lis pendens/attorney fees
02/24/09 Scheduled Event
Further Status Conference
Terry B. Friedman
06/22/09 at 8:46 am
MEMO
re need for receivership
02/24/051 Event Complete
Further Status Conference MEMO
PAGE: 259 01/07/10 14:59:05
II
CAS E HIS TOR Y
Santa Monica - West District
C.ivil Div.isi.on
Ir i I'
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
l!::: _ I 'I
CAS :e:
Date Activity
Status conference is held & cant.
re need for receivership
2.) Trial Setting Conference
02/26/09 Document Filed
Notice MEMO
Receiver
NOTICE OF CONTINUED STATUS
CONFERENCE RE RECEIVERSHIP
6-22-09 8:45 AM DEPT J
Filed By PASTERNAK, PASTERNAK & PATTON
ReCeiVe['
02/26/09 Document Filed
Notice of Ruling
Attorney for Cross-Defendant
On Behalf of Coldwell Banker Residential Brokerage Defendant
On Behalf of Libow, Michael
Filed By J:"AW DEPT. COLDWELL BANKER RES. BROKERAG for Cross-Defend
03/06/09 Document Filed
Notice of Motion MEMO
Attorney for Plaintiff
Plaintiff Nivie Samaan's ... and
motion to quash lis pendens and
order for attorney's fees and
costs in the am.ount of $2,365
On Behalf of SliMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton for Plaintiff
03/06/09 ,Jow:nal Entry
$40.00
Other Pmnt
PAGE: 260 01/07/10 14:59:05
II
CAS E HIS TOR Y REP 0 R 'r
Santa Monica .- West District
Civil Division
11'=====
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZER*I*
lb=====
: - - ' 'I
CAS E HIS TOR Y
Date Activity
On Behalf of SAMAAN, NIVIE Plainti!f
Filed By Sheppard, Mullin, Richter & Hampton for Plaintiff
03/12/09 Document Piled
Miscellaneous-Other MEMO
Receiver
RECEIVER'S SIXTEENTH INTERIM
REPORT FOR THE MONTH OF 2-2009
Filed By PASTERNAK, PASTERNAK & PATTON Receiver
03/24/09 Document Piled
Declaration MEMO
Attorney for Cross-Defendant
OF ROBERT J. SHULKIN, ESQ. RE asc
RE DISMISSAL IN SUPPORT OF
DISMISSAL OF ZERNIK CROSS-ACTION.
On Behalf of Coldwell Banker Residential Brokerage Defendaint
On Behalf of Libow, Michael Defend5nt
Filed By LAW DEPT. COLDWELL BANKER RES. BROKERAG Attorney for Cross-Defend
03/26/09 Document Pi.led
Declaration MEMO
Attorney for Plaintiff
OF CYNTHIA COBLENTZ IN SUPPORT OF
PLAINTIFF NIVIE NOTICE OF
MOTION AND MOTION TO QUASH LIS
PENDENS AND ORDER OF ATTORNEY'S
FEES AND COSTS IN THE AMOUNMT OF
$2,365
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton for Plaintiff
. I
03/26/09 Document Filed
Amended Proof of Service MEMO
Attorney for Plaintiff
PAGE: 261 Pl/07/10 14:59:05
CAS E HIS TOR Y
Santa Monica - West District
C.ivil Division
r;=
1\ Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNL,
I
lb
CAS E HIS TOR Y
Date Activity
OF PLAINTIFF NIVIE SAMAAN'S NOTICE
OF MOTION AND MOTION TO QUASH LIS
PENDENS AND ORDER OF ATTORNEY'S
FEES AND COSTS IN THE AMOUNT OF'
$2,365
On Behalf of SAMAAN, NIVIE Plaintiff
Filed By SheppaTd, Mullin, Richter & Hampton for Plaintiff
Party Served PASTERNAK, PASTERNAK & PATTON ReceiVe
03/27/09 Event
OSC-Failure to File Dism. or Judg. MEMO
Terry B. Friedman
8:45 am
ORDER TO SHOW CAUSE RE FAILURE TO FILE DISMISSAL lOR
JUDGMENT RE CROSS-COMPLAINT;
PLAINTIFF'S (NIVIE SAMAAN) MOTION TO QUASH LIS
PENDENS AND ORDER FOR ATTORNEY'S FEES AND COSTS
THE AMOUNT OF $2,365.00;
The Court issues its tentative as follows:
PLAINTIFF MOTION TO QUASH LIS PENDENS: CONTINUJ1: Ii
GRANT
Defendant filed no response to this Motion.
Proof of Service attached to the Motion states t at
Plaintiff personally served Defendant with a
proposed order granting a motion for post
attorneys' fees, not this Motion. Also, the of
Service that Defendant was onM+rch
6, 2009, whlch lS 15 court days before thlS hea. rt· ng,
not the required 16 court days.
Procedure §1005]. The Court may not consider
Motion unless Plaintiff establishes that he tikely
served Defendant with notice of this Motion.
event that Plaintiff does file a sufficient of
Service of this Motion by the hearing, the Couirt
PAGE: 262 01/07/10 14:59:05
CAS E HIS TOR Y
Santa Monica - West District
Civil Division
rr===== 11
II Case Numbe:r-: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNII
, I
\I
II
lb===" ====================
CAS E HIS TOR Y
Activity

sets forth its tentative ruling below.
As the claimant who filed the lis pendens in this
action, it is Defendant's burden to demonstrate the
validity of the lis pendens. [
Hunting World v. Superior Court (1994) 22 CA4th 6[7,
70] . Defendant cannot meet his burden because he ihas
not filed a response. Moreover, Plaintiff offers I
evidence that this action has been disposed asraiIlist
Defendant by way of a judgment in Plaintiff's favij'or.
Defendant's appeal was dismissed. Defendant's
related federal action does not state a claim
real property. On the merits, the Motion is granded.
;,ttorneys who elect to submit on this published. I
tentative ruling, without making an appearance ay
the hearing, may so notify the Court by I
communicating this to the Department's staff before
the set hearing time. See, e.g., CRe Rule 3.1368.1
• ..• ..• ..• ..•••..··Eoo OF TENTATIVE..........·'·1..· ..
Matter is called for hearing.
r
I
Counsel for cross-defendant, Robert Shulkin an<;l en
dant Michael Libow, appear via Court Call.
-
Counsel argues.
The Court continues Plaintiff's Motion to
April 3, 2009 at 8:45a.m. in Department WEJ.
Plaintiff's counsel is to give personal service Ls
date.
I
'The Court dismisses the Cross-Complaint in its
entirety, with prejudice as to any Roes or Does.
It is so ordered.
Dated: March 26, 2009
Judge of the Superior Court
PAGE: 263 01/07/10 14:59:05
II
CAS E HIS TOR Y REP 0 R T
Santa Monica - West Dist.1:'ict
Civil Divisi.on
rr=====
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI
Il
CAS E HIS TOR Y
Date Activity
Terry Friedman
Plaintiff's counsel is to give notice to tor
receiver.
RE CROSS-COMPLAINT
2) PLFF'S MOT. TO QUASH LIS PEN­
DENS/ATTY FEES
03/27/09 Event Complete
OSC-Failure to File Dism. or Judg. MEMO
OSC held & case dismissed
RE CROSS-COMPLAINT
2) PLFF'S MOT. TO QUASH LIS PEN­
DENS/ATTY FEES
03/27/09 Document Filed
Tentative Ruling MEMO
Court
RE MOT. TO QUASH LIS PEmJENS
03/27/09 Scheduled Event
Motion to Quash MEMO
Terry B. Friedman
04/03/09 at 8:45 am
LIS PENDENS AND ORDER FOR ATTY'S
FEES AND COSTS IN THE AMOUNT OF
$2,365.00 CONTINUES
03/27/09
1
Document Filed
Notice of Ruling
Attorney for Plaintiff
PAGE: 01/07/10 14:59:05
CAS E HIS TOR Y REPOR'I'
Santa - West Di.strict
civil Division
I
rr I
" Case Number:
SC087400 NIVIE SAMAAN VS. JOSEPH
II
l! II
CAS E HIS TOR Y
Date Activity
1
On Behalf of SAMAAN, NIVIE Plairtt'lff
Filed By Sheppard, Mullin, Richter & Hampton for Plaintiff
04/03/09 Event
Motion to Quash MEMO
Te:rry B. Friedman
8:45 am
PLAINTIFF'S (NIVIE SAMAAN) MOTION TO QUASH LIS I
PENDENS AND ORDER FOR ATTORNEY'S FEES AND COSTS
THE AMOUNT OF $2,365.00 CONTIWJESi I
Matter is called for hearing.
There is no appearance by defendant.
Plaintiff's counsel provides proof of service to
defendant.
The Court adopts the tentative dated March 2'7,
Plaintiff's Motion to Quash Lis Pendens is
Plaintiff's counsel is to give notice.
LIS PENDENS AND ORDER FOR ATTY' S
FEES AND COSTS IN THE AMOUNT OF
$2,365.00 CONTINUES
04/03/09 Event Complete
Motion to Quash
MEMO
Motion Granted
LIS PENDENS AND ORDER FOR ATTY'S
FEES AND COSTS IN THE AMOUNT OF
$2,365.00 CONTINUES
04/17/09 Document Filed
Miscellaneous-Other
MEMO
PAGE:
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R 'I'
Santa Monica - West District
Ci vil Di vision
Ir Ii
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
II
IL
'I
j
CAS E HIS TOR Y
Date Activity
Receiver
Filed By
RECEIVER'S SEVENTEENTH INTERIM
REPORT FOR THE MONTH OF MARCH,
2009
PASTERNAK, PASTERNAK & PATTON
06/04/09 Document Filed
Miscellaneous-Other
Receiver
MEMO
RECEIVER'S
REPORT FOR
2009
EIGHTEENTH INTERIM
THE MONTH OF APRIL
Filed By PASTERNAK, PASTERNAK & PATTON Receiver
06/18/09 Document Filed
Report-Status
Receiver
MEMO
Receiver's
report for
nineteeth interim
the month of May 2009
Filed By PASTERNAK, PASTERNAK & PATTON

06/22/09 Event
Further Status Conference
Terry B. Friedman
8:46 am
FURTHER STATUS CONFERENCE RE NEED FOR
I 1
RECEI,ffiRSH[Pi
MEMO
Matter is called for hearing.
Counsel indicates that the
dismissed shortly.
federal action will
Today's Further Status Conference is contirnledl tp
September 23, 2009 at 8:45 a.m in this depa:rtmenit to
PAGE: 266
01/07/10 14:59:05
CAS E HIS TOR. Y l ~ E P O R o r
Santa Monica - West D.istrict:
Civil Division
rr= = i I II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERf:.JIK II
lb = _ I II
CAS E HIS TOR Y
Date Activity
allow for processing of the dismissal.
Counsel for the receiver is to give notice.
re need for receivership
06/22/09 Scheduled Event
Further Status Conference
Terry :So Friedman
09/23/09 at 8:46 am
06/22/09 Event Complete
Further Status Conference MEMO
Continued
re need for receivership
06/25/09 Document Filed
Notice MEMO
Receiver
of Further Status Conference
receivership
re
Filed By PASTERNAK, PASTERNAK & PATTON Receiver
07/24/09 Documemt Filed
Order
Attorney for Plaintiff
MEMO
GRANTING PLFF NIVIE SAMAAN'S
MOTION TO EXPUNGE LIS PENDENS
SIGNED BY JUDGE FRIEDMAN THIS
DATE
IS
On Behalf of SAMAAN, NIVIE Plaihtiff
Filed By Sheppard, Mullin, Richter & Hampton Attornky for Plaintiff
PAGE: 267 01/07/10 14:59:05
CAS E HIS TOR Y REP () R T
Santa Monica - West Di.strict
Civil Division
rF:====
Case
[1====:
SC087400 NIVIE SAMAAN VS. JOSEPH ZE±=f 'I
CAS E HIS TOR Y
Date Activity
09/23/'09 Event
Further Status Conference
Terry B. Friedman
8:46 am
FURTHER STATUS CONFERENCE;
Matter is called for hearing.
There is no
defendant.
appearance by plaintiff's counsel q>r
Status conference is held and continued to
25, 2009 at 8:45a.m. in Department WEJ for
of report at which time the Court will dismiss the
case.
Receiver is to give notice.
09/23/09 Event Complete
Further Status Conference
Status conference is held & cont.
09/23/0.9 Scheduled Event
Further Status Conference
Terry B. Friedman
11/25/09 at 8:46 am
MEMO
for receipt
dismissal)
of report (possible
09/25/09 Document Filed
NOTICE OF CONTINUANCE
Receiver
MEMO
... Status Conference
ship
re receiver­
PAGE: 2613
14:59:05
II
CAS E HIS TOR Y REP 0 R 'I'
Santa Monica - West Di.stricf:
civil Division
rf===='
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH Z E : ~ N l t <
1.\====:
CAS E HIS TOR Y
Date Activity
Filed By PASTERNAK, PASTERNAK & PATTON
Recei've1r
11/16/09 Event Complete
Further Status Conference MEMO
Off Calendar
for receipt of report (possible
dismissal)
11/16/09 .scheduled Bvent
Further Status Conference MEMO
Terry B. Friedman
01/05/10 at 8:46 am
Final report of the receiver
2.) Receiver's motion
11/19/09 Document Filed
Notice
MEMO
Eeceiver
of cancellation of continued
status conference re receivership
Filed By PASTERNAK, PASTERNAK & PATTON
ReCetVjr
11/24/09 ,Tournal Entry
Received - Sanctions
$6,000.00
Other Pmnt
Filed By PASTERNAK, PASTERNAK & PATTON Receiver
, I
11/25/09 Event
Further Status Conference
MEMO
Terry B. Friedman
8:46 am
FURTHER STATUS CONFERENCE RE STATUS OF BANKRUPTCY;
PAGE: 269
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District:
civil Division
rr===='
II Case Number:

SC087400 NIVIE SAMAAN VS. JOSEPH ZER10nf
, II
CAS E HIS TOR Y
Date Activity
Pursuant to the telephonic notification of the r
reciever on November 16, 2009, this matter is taICen
off calendar. The reciever states that the final I
report has been completed and will be served on
parties. Matter is continued to January 5, 201Q at
8:45am in this department.
Reciever to give notice to all parties.
for receipt of
dismissal)
report (possible
11/30/09 Document Filed
Notice of Motion
Receiver
MEMO
Receiver's final report and
account and notice of motion and
receiver's motion for issuance of
order: 1. approving and settling
receiver's final report and
account; 2. approving and .
Filed By PASTERNAK, PASTERNAK & PATTON Receiver
11/30/09' ,Journal En try
Filed By
$45.00
PASTERNAK, PASTERNAK
Other
& PATTON
Prnnt

12/08/09 Event Complete
Case Ordered Reassigned
12/08/09 Document Filed
Notice-Case Reassignment
Clerk
and Order
PAGE: 270
01/07/10 14:59:05
CAS E HIS TOR Y :REPORT
Santa Monica - West District
civil Div.isioll
Case SC087400 NIVIE SAMAAN VS. JOSEPH ZE;1"K
It I I
I
II
Ir
CAS E HIS TOR Y
Date Activity
1.2/1.7/09 Document Filed
Proof of Service
Attorney for Plaintiff
On Behalf of SAMAAN, NIVIE Plainqff
Filed By Sheppard, Mullin, Richter & Hampton
1.2/21./09 Document Filed
Declaration
Receiver
, I
Filed By PASTERNAK, PASTERNAK & PATTON Recelver
1.2/24/09 Document Filed
Ex-Parte Application
Creditor
FOR ORDER DIRECTING RECIEVER
TO PAY JUDGMENT FROM MONIES OF
DEFENDANT
1.2/24/09 Event
Ex-Parte Application
L. Segal
8:30 am
JUDGMENT CREDITOR'S EX PARTE APPLICATION
FOR ORDER DIRECTING RECIEVER TO PAY JUDGMENT Fl}011
MONIES BELONGING TO DEFENDANT AND JUDGMENT DEBTOR.
It appearing to the Court that there are no ;u"Js
in this Courthouse that have not recused themsel.Jes
or have been disqualified, the ex parte applicJt£on
is continued to December 28, 2009 at 08:30am
in department WE-A to be heard by the Supervising
Judge of the West District, the Honorable Geraid
Rosenberg.
The Lien Claimant / moving party is to give
CREDITOR'S EX PARTE
for Plaintiff
MEMO
MEMO
PAGE: 271
Q1/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Dj.vision
Ir
II
l!::
Case
=
Number: SCO 87400 NIVIE SAMAAN VS.
_
JOSEPH
i I

-
II
II
'I
CAS E HIS TOR Y
Date Activity
APPLICATION FOR ORDER DIRECTING
RECIEVER TO PAY JUDGMENT FROM
MONIES OF DEFENDANT
12/24/09 Event Complete
Ex-Parte Application
Continued by Court
MEMO
JUDGMENT CREDITOR'S EX PARTE
APPLICATION FOR ORDER DIRECTING
RECIEVER TO PAY JUDGMENT FROM
MONIES OF DEFENDANT
12/24/09 Scheduled Event
Ex-Parte Application
Gerald Rosenberg
12/28/09 at 8:30 am
MEMO
EX PARTE APPLICATION FOR ORDER
DIRECTING RECIEVER TO PAY
JUDGMENT FROM MONIES BELONGING
DEFENDANT AND JUDGMENT DEBTOR
TO
12/28/09 Event
Ex-Parte Application
Gerald Rosenberg
8:30 am
CREDITOR I S
FOR ORDER DIRECTING
l'lONIES BELONGING TO
EX PARTE APPLIC.A.TION I I
RECIEVER TO PAY JUDGMENT
DEFENDANT AND DEBTOj'
MEMO
EX PARTE APPLICATION FOR ORDER
DIRECTING RECIEVER TO PAY
JUDGMENT FROM MONIES BELONGING
DEFENDANT AND JUDGMENT DEBTOR
TO
PAGE: 272
01/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
San ta Moni ca .. west District
civil Division
rr I
1
II
Case NtJ-mber: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIIK
j
1/
I

CAS E HIS TOR Y
Date! Activity
01/05/110 Bvent
Further Status Conference MEMO
Terry B. Friedman
8:45 am
I
FURTHER STATUS CONFERENCE RE FINAL REPORT OF RECEIVER;
1 S (DAVID PASTERNAK) MOTION FOR ISSUANCE 10F
ORDER: 1.) APPROVING AND SETTLING RECEIVER 1 S FINAL
REPORT AND ACCOUNT; 2.) APPROVING AND SETTLING FJlNAL
COMPENSATION AND REIMBURSEMENT OF COSTS FOR. REGEJlVER
I
(INCLUDING REQUESTED BONUS) AND AUTHORIZING RECEIVER I
TO PAY APPROVED UNPAID FEES AND COSTS TO RECEIVEIi;
3.) AUTHORIZING RECEIVER TO CONTINUED PAYING HIS [FEES
lIND COSTS DURING ANY APPEAL OF THESE R.EQUESTED ORDERS;
4.) DIRECTING RECEIVER TO PAY REMAINING FUNDS INI
RECEIVERSHIP ESTATE TO DEFENDANT JOSEPH ZERNIK WHEN
I
REQUESTED ORDERS ARE FINAL; 5.) EXONERATING ALL BONDS;
, I
6.) TERMINATING RECEIVERSHIP AND DISCHARGING: RECEIVER
FROM ANY FURTHER DUTIES OR RESPONSlillILITIES; , I
7 .) APPROVING ALL OF RECEIVER I S CONTRACTS AND ACTIONS
AS PROPER AND BEING IN THE BEST INTERESTS OF THE I
RECEIVERSHIP ESTATE; 8.) ORDERING PLAINTIFF NEVIl
SAMAAN AND DEFENDANT JOSEPH ZERNIK JOINTLY AND
SEVERALLY TO DEFEND AND INDEMNIFY THE RECEIVER A AINST
ANY CLAIMS THAT MAY ARISE FROM THIS RECEIVER!3H:):P I
ESTATE; 9.) RETAINING JURISDICTION OVER ANY OR
CLAIMS WHICH MAY ARISE CONCERNING THE RECEIVER; .1.
10.) AUTHORIZING RECEIVER TO DISCARD ALL FILES AND
RECORDS REGARDING THIS RECEIVERSHIP WITHOUT sHREI!mING
, I
THEM; AND 11.) FOR SUCH OTHER AS THE COURT
DEEMS PROPER;
Matter is called for hearing.
There are no appearances by defendant or plaintiff's
counsel.
StatuB conference is held.
PAGE: 273 01/07/10 14:59:05
II
CAS E HIS TOR. Y REPOR'r
Santa Monica - West D.istrict
Ci vil Division
ff'=======
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
lb: __ :====
CAS E HIS TOR Y
Date Activity
Recevier's report is approved and the chm­
pensation in the amount of $18,436.17 is approvedl The
Court orders that the receiver keep all records,uhtil
December 31, 2012 at which time they may be destrbyed.
Receiver's request for bonus is heard and the Cbukt
takes the ruling under submission. Any parties m1y
I
submit supplemental briefs by J-anua:ry 19, 2010 at
which time the Court will rule on the submitted
matter.
Receiver is to submit a proposed order and give
notice.
Final report of the receiver
2.) Receiver's motion
01/05/10 Event Complete
Further Status Conference MEMO
Status Conference Held
Final report of the receiver
2.) Receiver's motion
01/05/10 Scheduled Event
Ruling on Submitted Matter MEMO
Gerald Rosenberg
01/19/10 at 8:30 am
(RULING ON SUBMITTED MATTER:BONUS)
01/11/3.0 Event
Case Ordered Reassigned
Richard A. Stone
8:30 am
01/19/10 Event
Ruling on Submitted Matter
MEMO
Gerald Rosenberg
PAGE: 274
Oi/07/10 14:59:05
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District
Civil Division
___=±::::=::l
Case Numbe:r:: SC087400 NIVIE Sl\MAAN VS. JOSEPH
CAS E HIS TOR Y
Date Activity
B: 30 am
RULING ON SUBMITTED MATTER: BONUS
(RULING ON SUBMITTED MATTER:BONUS)
PAGE:
11/07/10
14:59:05