REPLY TO JUSTICE PIONEER, Part III - JUDGES AND ATTORNEYS

Part III - response to Justice Pioneer.

JUDGES AND ATTORNEYS

Justice Pioneer raised common arguments -
1. Zernik is the cause of the real estate fraud by the court, since he did not listen to his attorneys, and later appeared in pro per.
2. Zernik based his writing on opinions, not facts, and grouped judges like Connor and Friedman, who have little in common.


D. Justice Pioneer suggests that Zernik made claims that are based on opinions, not facts, and grouped together judges, where there is very little common between them, like Terry Friedman and Jacqueline Connor.

1. Regarding claims - see next blog posting.

2. Grouping together Terry Friedman and Jacqueline Connor.

The short answer is simple: Justice Pioneer is basing his letter on opinions. Zernik bases his writing on facts in this regard. Both Friedman and Connor engaged in racketeering from the bench. Therefore they are listed together.

The long answer to this question is complex, exactly like any attempt to explain how a person that was committed to public service, to justice, to truth, is transformed in a power position into a corrupt judge.

3. Power corrupts, and absolute power absolutely corrupts.

It is not clear that the judges understand the limits of their power. Alternatively - they may understand it fully well, and the system requires a major adjustment, as proposed by groups like jail4judges.

Some of the judges felt that there is no limit to their authority, whereas in fact, they had no authority and no immunity at all - since none had an assignment order. Connor was the only one who clearly figured it out:

a) she furnished herself with a fraud assignment order from Judge Linda Lefkowitz, and

b) she avoided signing any valid orders. Either she did not issue orders that she said that she would issue, or she issued deliberately defective orders.

To some degree, one may also sadly state that it has to do with smarts. There is no doubt that Jacqueline Connor is by far the sharpest, and most devious of the judges Zernik encountered in Court. And Terry Frieman is no Jackie Connor. On that Zernik is in full agreement with Justice Pioneer.

4. An example:

a) Terry Friedman:

i) In February-March 2008, Judge Terry Friedman, set on Defendant Zernik a total of $22,000 in sanctions, and found Zernik in contempt.

• The reason: Zernik asked Countrywide, Sandor Samuels, and Angelo Mozilo in 2007 (prior to Friedman's action in the case) to either authenticate or repudiate certain records that Countrywide provided Samaan, and Zernik claimed were the core of the court house fraud.
• Since then such records were indeed confirmed for Zernik as fraud by fraud specialists. Countrywide still refuses to respond.
• But Countrywide did not want to be asked this question. In fact it also asked in court that Judge Friedman provide declaratory relief- and state that Countrywide does not have to answer the question whether or not the records produced by Countrywide in legal subpoena were fraud.
• In response, Zernik asked that the court provide declaratory relief and state that Zernik does not have to pay the IRS anymore.

ii) Therefore, in January 2008 Friedman ruled that in 2007 Judge Connor entered a protective gag-order on Zernik.

• However, such order never existed. In court file there are proposwed orders marked "DENIED".
• Even in 2008 no such order was ever presented.

iii) In February-March 2008 Friedman ruled ex post facto that Zernik was in vioalation of such order. In fact, he threatened to jail Zernik for such ex post facto violation.

In general: One may say that Judge Friedman operated under the assumption that he had unlimited authority, and upon review all his actions would be justified.

b) Jacqueline Connor:

The missing protective order that was found in ex post facto by Friedman, was a fraudulent protective order, that Connor failed to issue, lik all most orders in this case.

• In June July 2007 Countrywide felt pressure since Zernik, who got involved in the case late, was getting on their tail rather quickly.
• Priot to that, they pretended not to be involved in the case at all. On July 6, 2007 they appeared in court for an ex parte appearance at a time that the court was Dark (both literally and figuratively), for a gag order against Zernik.
• Jacqueline Connor ran an "off the record" gag order hearing.
• But she never isssued any gag order.

In general: On maq say that she operated under the assumption that she had no authority, and tried not to leave any definitive record whatsoever.

5. Countrywide and the Courts - Connor v Friedman:

Zernik noticed this paradoxical contrast early on. Judge Friedman presided in court first time in january. In Feb or March Zernik approached Countrywide, through their counsel - John Amberg, with a proposal for settlement. Zernik said that he believed that Samuels is seeking legitimacy after the collapse. Therefore his involvement in Jewish community affairs.

However, in the current affair, he was asking Friedman, who is not capable of such dishonesty, to act in a way that will eventually possiby make Friedman more liable than Connor.

6. Inner v outer circle of the racket.

Zernik is of the opinion that Connor was in the inner circle of the racketeering enterprise of the court, whereas Friedman was in the outer circle, or a total outsider. Connor had deep understanding of how the racket operated, Friedman had none.

For such reasons, not only is Friedman listed together with Connor, but Frieman, upon review, may be found liable where Connor may not.

E. OUTLINE OF THE COURTHOUSE FRAUD

Justice Pioneer appears to assume that Zernik is basing it all on his own findings:

1) Please check below Blog entry under [07.30.2008] - opinion letter by fraud specialist. The writer is one of the top authorities on fraud, and he reviewed two Grant Deeds generated by and for the LA Superior Court. He provided an opinion letter that raised substantial concerns. His opinion letter in effect says that:

David Pasternak, former President of “Bet Tzedek” – House of Justice, operating as an Officer of the LA Superior Court, committed real-estate fraud in December 2007.

2) Grant Deeds also posted here, one copy under [July 3, 2008], and another under [June 12, 2008]. No fraud expert is required to see that David Pasternak was engaged in fraud. I informed him of that in writing in advance, already in October 2007. But nobody in this town could see fraud for a fraud.

3) On such matters, FBI Fraud Expert recommends to state and federal authorities that:
“an immediate investigation should be instituted in an effort to ascertain the circumstances behind any fraud being committed so that appropriate local, state, and federal authorities can be notified, including the appropriate court."

4) Zernik's attorneys never told him about the frauds. He had to figure them out himself one by one. Zernik first got involved in the case in December 2007 (filed October 2005). Attorney Charles Cummings represented him all the period before then, from mid 2005 to Feb 2007. He entirely co-opted with Connor in her courtroom fraud. Had Zernik figured it out half a year earlier, it would have been a different story.

5) BY January 2007, with help from a Deputy Commissioner in California Dept of Real Estate. Mr Fiva Prieto, and an FBI agent who insisted on remaining anonymous, I figured out some of the frauds. That was the easy part. 21) The difficult part was that no real estate attorney in town would agree to file the compulsory counterclaims for fraud and deceit in the court of Jacqueline Connor. The excuses were ridiculous. 22) Finally, months later, I had the straight answers: First: Steven Lovette – from Woodland Hills, explained to me that by then (May-June 2007) I have become “radioactive”, implying that any attorney who would touch my case with a 10 foot pole would suffer the consequences. 23) And later, Att Larry Rothstein (also Woodland Hills), explained to me that I should never file any claims on fraud and deceit with Connor, since: a) she would never accept fraud as fraud., and b) she is likely to retaliate against me.

6) Once Zernik was convinced of Connor's corruption, he filed his first disqualfication for a cause, July 12, 2007. Connor simply responded with deceit: Instead of responding in one of several ways prescribed by law - she ruled in open court that Zernik's filing per CCP §170.3, was in fact an untimely filing of a peremptory challenge, per CCP §170.6, and therefore she issued a strike.

7) And yet, by the time of summary judgment, I had a whole list of frauds figured out (albeit, Connor continued a hearing on leave to amend answer, which I had to file in pro per). In summary Judgment hearing I had pretty good evidence of Fraudulent Inducement – through forgery of the Pre-qualification Letter [ date of blog ]. 12) Samaan – plaintiff, was a cosmetics sales woman in a department store, far from qualified by either income or by assets for the purchase. She misrepresented herself (straw buyer) to me as an active realtor. 13) Much later I found out that in loan applications (fraud as well, an forged signatures as well), she misrepresented herself as making her income exclusively ($400,000, elsewhere $4,000,000 per year) as sole owner and president of a corporation – Spellbound Inc., retailing crystal balls, Tarot Card, anointment oils and divining objects. 14) At the time of Summary judgment hearing, I also had on calendar a hearing scheduled a few weeks down on motion for sanctions against Sheppard Mullin and Att Mohammad Keshavarzi (counsel for Samaan) per CCP §128.7 - for filing the Countrywide fraud records (no attorney would file such motion for me either). 15) On the Fraudulent Inducement – which was fully demonstrated- Connor ruled simply “Red Herring”. 16) I am considering making a suggestion to the California Judicial Council, for inclusion in the next edition of the Judge’s Bench Book, for use in LA County only: Only two alternative rulings allowed on claims of civil Fraud and Deceit – a) “Red Herring”, or b) “Tuna Salad”. Ruling of Red Herring and Tuna Salad is not allowed! 17) And the Countrywide records pending hearing on fraud – Connor ruled that such were no material disputable fact. Albeit, one was Samaan’s purported underwriting letter (certified fraud by now). The other was a fraud record of the real estate contract. 18) Connor allowed the fraud contract produced by countrywide, to be first time admitted by Samaan in reply brief to summary judgment. 19) A year and a half earlier, in January 2006, she engaged in a Statute of Frauds fraud in demurrer proceedings on Statute of Frauds.

8) August 9, 2007 Summary Judgment by Connor, was entirely based on some obvious frauds by Countrywide, which Connor, sharp as she is, just could not figure out... Such fraud records are by now examined and confirmed by fraud experts as well.

9) On Sept 10, 2007 Judge Connor was disqualified for a cause by Zernik in pro per, 2nd time. Back to Pioneer's suggestion on listening to attorneys:None of them, ever, dared to tell Zernik the truth about Connor. And even after Zernik figured it out, no attorney in town would dare to serve a disqualification statement for a cause on her, Zernik had to do it himself, in pro per, twice.

10) After Connor's 2nd disqualification, Sept 10, 2007, the execution of a judgment that was never entered, and therefore “in no case is … effectual for any purpose” per CCP §664, became the task for Allen Goodman.

11) Judge Goodman, also with no assignment and no authority at all, was per his own disqualification statement is “a long-term close personal friend of the chief legal counsel [of Countrywide – Sandor Samuels].

24) Almost a month after he took the file – again with no authority and no assignment, on October 3, 2007, Allan Goodman recalled his best friend Samuels, and recused. In one of the strange acts that is related to the machination of the racketeering in the court, he secretly invalidated/vacated his recusal order in chambers, with no notice to parties. My opinion is that Allan Goodman was willing to engage in racketeering only up to a certain limit. And proposals made to him regarding racketeering in this case by Retired Judge O’Brien, an ADR neutral, were the reason for his recusal.

25) In my opinion Retired Judge O’Brien is an enthusiastic racketeer.

26) After Judge Allan Goodman’s recusal, the case was moved to Judge Joseph Biderman. He is the only judge in Santa Monica house that had interaction with this case, and refused to get involved in any way. He recused immediately, but he did not disclose the reason for his recusal. And he failed to act per California Code of Judicial Ethics, Canon D(q1):

• D. Disciplinary Responsibilities
• (1) Whenever a judge has reliable information that another judge has violated any provision of the Code of Judicial Ethics, the judge shall take or initiate appropriate corrective action, which may include reporting the violation to the appropriate authority.

27) Instead, like everybody else, he chose to comply with the LA County Code of Silence (“LACCS”)

28) The case was then moved to John Segal. John Segal in my opinion is an enthusiastic racketeer. In my opinion there is sufficient evidence regarding his conduct in this case to put him in the same league as Connor.

x) in his first hearing in the case, with both parties present, Judge John Segal asked Kesahvarzi to produce a proposed order for receiver. When Zernik protested, it was made into anoticed motion. Eventually it was a 4 day-notice hearing.

4) Purportedly, Pasternak,. starting Nov 9, 2007, was enforcing the execution of a judgment by court per CCP §437c, for Specific Performance, an Aug 9, 2007 judgment “awarded” (but never entered) by Judge Connor.

28) After his recusal the case move to Judge Lisa Hart-Cole. She never presided even in one proceeding, I filed with her a 170.6 immediately. And yet, from that short experience there is sufficient evidence that I can form an informed opinion – Judge Hart-Cole is an enthusiastic racketeer. She has no respect to any constitutional rights, and she would allow any travesty in the court room for a large corporation.

20) Terry Friedman. He engaged in it as Presiding Judge, albeit with no re-assignment order, and therefore with no judicial authority and no immunity at all – like all other judges and judicial officers involved (per 42 USC §1983 and related case law). to perform under presiding Judge Terry Friedman (albeit with no re-assignment order). I quoted here only a small part of it. And I also do not like to rely on one expert either, because of concerns for various types of unpleasant situation with witnesses in the past.

21) So at present, I am busy trying to break down a very complex, very convoluted white collar crime story with multiple fraud levels on top of the other.