.
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BEVERLY HILLS HOMEOWNER, ROBBED BY LOS ANGELES SUPERIOR COURT THROUGH “FRAUDS MEDIEVAL” LAUNCHED CIVIL RIGHTS PETITION - TO OPEN THE BOOK OF JUDGMENTS BY OCT 9, 2008,AND TO APPOINT A U.S. SPECIAL COUNSEL TO INVESTIGATE THE CONDUCT OF LOS ANGELES SUPERIOR COURT - FROM RAMPART TO BEVERLY HILLS.
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“What starts at the Rampart comes back to roost in Beverly Hills…and also plays out in Calabasas – where Countrywide is based…” Joseph Zernik asks:
“Please support our efforts by responding by email to the petition, copied at the end of the story.”
.
Joseph Zernik
BEVERLY HILLS HOMEOWNER, ROBBED BY LOS ANGELES SUPERIOR COURT THROUGH “FRAUDS MEDIEVAL” LAUNCHED CIVIL RIGHTS PETITION - TO OPEN THE BOOK OF JUDGMENTS BY OCT 9, 2008,AND TO APPOINT A U.S. SPECIAL COUNSEL TO INVESTIGATE THE CONDUCT OF LOS ANGELES SUPERIOR COURT - FROM RAMPART TO BEVERLY HILLS.
.
“What starts at the Rampart comes back to roost in Beverly Hills…and also plays out in Calabasas – where Countrywide is based…” Joseph Zernik asks:
“Please support our efforts by responding by email to the petition, copied at the end of the story.”
.
Joseph Zernik
.
Summary:
Robbed Beverly Hills homeowner Joseph Zernik is tied for the third year by litigation in the Los Angeles Superior Court. In court papers he details multiple layers of frauds by plaintiff, Samaan and Countrywide. Zernik also describes frauds, which in court papers he claims were perpetrated by the court itself, and which he terms “Frauds Medieval”. Zernik says that those who perpetrated the frauds were all professionals in the field: Plaintiff - Nivie Samaan, realtor; Attorney Mohammad Keshavarzi – from Sheppard Mullin – counsel for Plaintiff; Countrywide Home Loans, Inc- the troubled sub-prime lender; Sandor Samuels – Chief Legal Counsel of Countrywide; and Jacqueline Connor – Judge, best known for the First Rampart Trial. At present Zernik claims in court papers that he is subject to – “Judgment Fraud” – yet another Fraud Medieval by the court: The court claims it executed a valid, effectual, entered Judgment, but the problem is you cannot see it... since the Court is hiding the Book of Judgments from public access, abusing First Amendment rights…
“I call them Frauds Medieval”, says robbed Beverly Hills homeowner Joseph Zernik “but in Los Angeles Superior Court they are still in fashion”. He explains that in that term he refers to courtroom frauds that have been known for hundreds of years, and require collusion by a judge or a clerk, and are based on disappearance, appearance, or switching of papers or other litigation essentials. “For example – Statute of Frauds Fraud… when you sue somebody for breach of contract on real estate, but you do not provide any copy of the written contract in your complaint. Such frauds are almost as old as the mountains…” Says Zernik, jokingly “please mention that the mountains here are just as a manner of speech, I don’t mean that literally...
So Samaan filed a complaint…, but with no contract in it. “
In court papers, Zernik claimed, that the underlying transaction, in 2004, was based entirely on frauds by Samaan, and in litigation, she added to that fraud documents from Countrywide. Letters of opinion by fraud specialists are attached to this story, where they state: a) that the loan broker signature on Samaan’s Prequalification Letter was forgery, b) that the loan broker signature on her loan applications were another case of forgery. In both cases – no loan broker signed the records, as represented. Moreover, in deposition she acknowledged that she never even talked with him.
“For example, on the fraud of the Prequalification Letter” says Zernik – “Both FBI and the Department of Real Estate told me that it is enough to throw the case out of court, it’s called Fraudulent Inducement. It was proven beyond any doubt. But then Judge Connor, in summary judgment did not deny it took place, but ruled that it was ‘Red Herring’. I thought of proposing it as a new type of adjudication, possibly together with ‘Tuna Salad’” jokes Zernik.
Beyond that, the litigation was based on false documents provided by Countrywide. Among the attached documents is a key record that was represented by Countrywide and Samaan as an Underwriting Letter dated October 14, 2004. A nationally recognized fraud specialist provided a letter of opinion that the Underwriting Letter is dated October 26, 2004. Moreover, Court papers show that Zernik’s attorney objected to this record, since this record was unsigned, and unauthenticated, and should never have been admitted as evidence by any judge. Furthermore, Judge Connor allowed it to be entered as evidence in Sur Reply,”…it is unheard of… Judge Jacqueline Connor ruled everything upside down, you can only wonder why.” Says Zernik.
Furthermore, in court papers, Zernik claims that from her first day as presiding judge in this case, Judge Jacqueline Connor was generating fraudulent litigation records in the case, which he claims, means that most likely the case was designed for fraud even before claims were filed…
“Right at the beginning, my attorney filed a demurrer on Statute of Frauds,one of the Frauds Medieval, since Samaan failed to include any contract in the complaint. Judge Connor denied the Demurrer. Then during discovery, there were six (6) different version of the contract…somebody was having a field day…but Samaan would not state which is the contract that she was suing about. Then Judge Connor allowed her to enter a fraudulent document produced by Countrywide as the contract, in Reply brief on Summary Judgment motion. It is entirely abusive to allow such central evidence in the last minute, when the other party does not have time to respond – straight from the middle ages - classic Statute of Frauds Fraud” says Zernik. “Samaan also never authenticated that record, since it was fraud. I objected, I described the fraud in that record in great detail in court, but Judge Connor admitted it as evidence.”
Moreover, court records show that on the day that Judge Connor was hearing summary judgment Zernik already had on the schedule a motion for sanctions for frauds against Att Mohammad Keshavarzi, from Sheppard Mullin. The transcript also shows that Zernik explained that fact to Judge Connor during the hearing. And still - Judge Connor ruled that there was no material disputable fact in the case as a whole. “Such ruling is required for the ruling of Summary Judgment.” Says Zernik. “I believe that the conduct of Attorney Keshavarzi, upon review by an honest court would be deemed racketeering, he was knowingly, repeatedly filing these false records”.
“But that was only the beginning…” Says Zernik. “Now that we went back and managed to get many of the records that the court was hiding, we find that Judge Jacqueline A Connor recorded the Demurrer, once as :GRANTED, once as OVERRULED, and once as a decision that was vacated. Three different contradictory records from the same day for the adjudication of one action! That is not the only time either. There are numerous such contradictory records in this case.”
“It is almost a year now, and we are still dealing with her Judgment Fraud. That is another Fraud Medieval” Says Zernik.. “That is why they invented the Book of Judgments in the first place - as a public record that is open to all - so that no party would be able to play games with the judgment- and to ensure that the judgment is final.”
According to California law, CCP §664, the judge has to create and sign two copies of the judgment. One copy goes into the court file, like any other record, but the second copy needs to be entered into the Book of Judgments. If the second copy is not entered into the book of judgment the judgment is not valid, and also not final, it can still be changed, but it is not “effectual” for execution.
“It all sounds very simple. But then it turned out the Los Angeles Superior Court has been denying access to its Book of Judgments for a long time” Says Zernik.
“We estimate that it has been 25 years, since the public was allowed access to the Book of Judgments, as required by law” Says Zernik.
The estimate is based on statements by the clerk’s office that the Book of Judgments, in a traditional paper form was eliminated when the court introduced its computer system “Sustain”. That happened by estimate about 25 years ago. And the Los Angeles Superior Court denies any public access to that system. ”that is also clearly in violation of the law” says Zernik. In court papers he claims that the public has the right to inspect all these records both by U.S. Constitution, and also by California Constitution, California Public Records Act, California Rules of Court, etc. He also claims that he appeared a number of times before the Supervising Judge of Santa Monica Courthouse, to demand to inspect such records. ”He answered to my request by saying: ‘Sustain is privileged- for the court only’” says Zernik “and that is a violation of my civil rights and also a violation of U.S. law. Not only is he denying me the right to see my own litigation papers, he is also inventing an unwritten rule of court. That is prohibited by U.S. law for any court in the U.S. – State or Federal.”
“Basically, they created conditions where you cannot see if the judgment was entered or not.” Says Zernik “the court brought justice in Los Angeles back to the medieval times…”
In court papers, Zernik describes the right to inspect and to copy court documents, as a First Amendment right, and that such right was confirmed in Nixon v Warner Communications by the U.S. Supreme Court. In court papers, Zernik claims that the Los Angeles Superior Court is violating the First Amendment rights of the 9.5 million people that it claims to serve, and that it has been doing so for an estimated 25 years!
Zernik explains that the idea of Book of Judgment, as a public record that is open to all to see, was invented hundreds of years ago, as part of what later became Common Law: “ It is a very simple, but very effective way to prevent frauds in the court” says Zernik,“ and if you come to think about it, what interest is there for an honest court to hide its Book of Judgments?” asks Zernik.
He states in court records that he asked in writing numerous times, both the Presiding Judge of the Court and the Clerk, who by law is supposed to keep the Book of Judgment and allow the public to inspect and to copy it. But he was always denied the right to access the Book. Moreover, he requested the Presiding judge to certify (as required by law – you are entitled to obtain a certified copy of any court document for a small pay) either a copy of the judgment from the Book of Judgment, as a proof that the judgment is there, or otherwise to issue a certificate that there is no such judgment in the Book. The Court is refusing to issue either.
“But I managed to get around that too…since it is now over a year, I went to the archives, where they keep microfilm backups of key court records, just in case.” Obviously, the Book of Judgments is a key court record. ”I searched and copied all the judgments that were entered on Aug 9, 2007, the day my judgment was supposed to be entered, and also the judgments from neighboring days, but there was no judgment in my case. Then I asked the clerk to help me, and he tried to find it, but it was not there, Finally he looked at his computer, in “Sustain” – the system that they claim is “privileged”, and he told me I must call an attorney immediately, since no judgment was entered in my case, and it was clearly marked in Sustain.”
“There is no other explanation for the conduct of Judge Connor, and the office of the Presiding Judge of the Court is colluding with her. It is crude fraud, the kind that you would expect from a thug…they claim that there is a judgment, but I am not allowed to see it…I could never believe something like this could take place in the U.S. in our time…” says Zernik “Judge Jacqueline Connor and the Los Angeles Superior Court are straight from medieval times.”
Such conduct, Zernik states in court papers, is likely to be deemed criminal acts, once reviewed by an honest court: The court forced Zernik to leave his home under threat of force, the court forcibly entered the property, the court sold Zernik house. And the Court never gave Zernik any of the proceeds of the sale. “I have not seen a penny”
Moreover, Zernik found out that the title was transferred in a manner that would be deemed, when reviewed by another court, a real estate fraud (see attached document, where a veteran FBI agent reviewed the documents).
“Why would a court get involved in a title fraud if they have a valid judgment?” asks Zernik. He says: “The fact that the court had to use fraud on the grant deed is the best proof that the court knew that it had no valid judgment. That means that they committed all these misleading acts intentionally, and that is clearly fraud”.
Moreover, in court papers Zernik claims that he believes his case is not unique at all. The only difference is that he had no attorney. Had he had an attorney at that time, he would never know any of the details that led him to explore the various issues that led to the determination that there was fraud involved here.
“No attorney would tell you that the Los Angeles Superior Court is engaging in real estate frauds… at least none of the attorneys that I have engaged or interviewed for engagement”, says Zernik. ”In fact, in court papers I claim that Judge Jacqueline Connor’s conduct in my case amounts to racketeering from the bench. She deliberately entered false litigation records, with no notice to parties, and then she engaged in elaborate game that took over three weeks of trying to make it as unclear as possible whether judgment was entered or not. But it was meant to be simple – you just look in the book. Or in this case – you just look on the computer screen...except that they created a system where you are not allowed to look at the records... it is such a basic and crude violation of civil rights that it took me time to believe it was happening to me…”
“What is most worrisome, is that you cannot get police or FBI to investigate Judge Connor” says Zernik. “Both the FBI and Beverly Hills Police are refusing to investigate, also – California District Attorney Office. Even the office of California Attorney General Jerry Brown, who is trying to run for governor. Jerry Brown’s office issued a letter by a Special Assistant to Jerry Brown, named Thomas Greene, that this is a private matter. In discussion with Mr Greene it became apparent to me that he had a conflict of interest and should have removed himself from this matter. I demanded a statement on the record regarding conflicts, or lack thereof – but he refused to provide one. And yet – he issued a letter stating that this is a private matter, and refused to investigate – even with all the preliminary investigations that I produced. I am surely never going to vote for Jerry Brown for Governor… he betrays the office he occupies…”.
Zernik points out a unique exception:
“The only exception on the opposite side is my Congresswoman, the Honorable Diane Watson, a courageous woman, who puts the true interests of her people – we the voters - above all else! She initiated inquiry with the office of the Director of FBI”
Zernik relates this dire situation to the role of Judge Jacqueline Connor in the First Rampart Trial in 2000. It was reported in all media at the time, that Judge Connor presided in the First Rampart Trial, in 2000, where several police were prosecuted for abuses of civil rights of the people.
Erwin Chemerinsky, the founding Dean of the new Irvine Law School and a civic leader described it as follows:
“Any analysis of the Rampart scandal must begin with an appreciation of the heinous nature of what the officers did. This is conduct associated with the most repressive dictators and police states. “
“…and judges must share responsibility when innocent people are convicted.”
“..it is telling that there is virtually no reference in the Board of Inquiry Report to the “code of silence” described by the Independent Commission on the Los Angeles Police Department.”
“No single reform can be sufficient. Reform is not an event, but a process that will take many years to complete. The hope is that this crisis provides a unique opportunity for reform. This opportunity must not be squandered. This report is written with the strong belief that reform is possible and that future Ramparts can and must be prevented."
Chemerinsky 57 Guild Prac. 121 2000
And professors from Loyola law school published a paper stating as follows:
“…judges tried and sentenced a staggering number of people for crimes they did not commit. How could so many participants in the criminal justice system have failed either to recognize or to instigate any meaningful scrutiny of such appalling and repeated perversions of justice?”
“…we felt a particular obligation to ensure that no aspect of the Los Angeles criminal justice system, including the lawyers and judges, escaped scrutiny. A law school, with its concern for all aspects of the justice system, is the obvious place for such an examination.”
David W. Burcham, and Catherine L. Fisk, Loyola Law School, Los Angeles, 2000
Prior to the time of the First Rampart trial, Judge Jacqueline Connor was routinely involved in criminal prosecutions brought by Rampart Police, in news paper report she is also described as having issued a death sentence in a criminal case.
The question of the validity of the criminal convictions was a central question in the Rampart trial itself. Newspaper reported that at the end of the trial some 150 people were released from long term sentences…
“That was a paradox to me in the first place, how could she preside in a trial that could end up reviewing her own decisions in criminal cases brought by the very same police?”. Say Zernik.
If you read reports from the trial, she limited the discovery and evidence that could be entered in that trial.
At the end of the trial, the Jury found three of the four police guilty, and sentence them for prison terms. On December 22, 2000, Judge Jacqueline Connor overruled the jury verdict, and freed the three police involved. That act is described in news reports from that year as “unprecedented.”
.
Summary:
Robbed Beverly Hills homeowner Joseph Zernik is tied for the third year by litigation in the Los Angeles Superior Court. In court papers he details multiple layers of frauds by plaintiff, Samaan and Countrywide. Zernik also describes frauds, which in court papers he claims were perpetrated by the court itself, and which he terms “Frauds Medieval”. Zernik says that those who perpetrated the frauds were all professionals in the field: Plaintiff - Nivie Samaan, realtor; Attorney Mohammad Keshavarzi – from Sheppard Mullin – counsel for Plaintiff; Countrywide Home Loans, Inc- the troubled sub-prime lender; Sandor Samuels – Chief Legal Counsel of Countrywide; and Jacqueline Connor – Judge, best known for the First Rampart Trial. At present Zernik claims in court papers that he is subject to – “Judgment Fraud” – yet another Fraud Medieval by the court: The court claims it executed a valid, effectual, entered Judgment, but the problem is you cannot see it... since the Court is hiding the Book of Judgments from public access, abusing First Amendment rights…
“I call them Frauds Medieval”, says robbed Beverly Hills homeowner Joseph Zernik “but in Los Angeles Superior Court they are still in fashion”. He explains that in that term he refers to courtroom frauds that have been known for hundreds of years, and require collusion by a judge or a clerk, and are based on disappearance, appearance, or switching of papers or other litigation essentials. “For example – Statute of Frauds Fraud… when you sue somebody for breach of contract on real estate, but you do not provide any copy of the written contract in your complaint. Such frauds are almost as old as the mountains…” Says Zernik, jokingly “please mention that the mountains here are just as a manner of speech, I don’t mean that literally...
So Samaan filed a complaint…, but with no contract in it. “
In court papers, Zernik claimed, that the underlying transaction, in 2004, was based entirely on frauds by Samaan, and in litigation, she added to that fraud documents from Countrywide. Letters of opinion by fraud specialists are attached to this story, where they state: a) that the loan broker signature on Samaan’s Prequalification Letter was forgery, b) that the loan broker signature on her loan applications were another case of forgery. In both cases – no loan broker signed the records, as represented. Moreover, in deposition she acknowledged that she never even talked with him.
“For example, on the fraud of the Prequalification Letter” says Zernik – “Both FBI and the Department of Real Estate told me that it is enough to throw the case out of court, it’s called Fraudulent Inducement. It was proven beyond any doubt. But then Judge Connor, in summary judgment did not deny it took place, but ruled that it was ‘Red Herring’. I thought of proposing it as a new type of adjudication, possibly together with ‘Tuna Salad’” jokes Zernik.
Beyond that, the litigation was based on false documents provided by Countrywide. Among the attached documents is a key record that was represented by Countrywide and Samaan as an Underwriting Letter dated October 14, 2004. A nationally recognized fraud specialist provided a letter of opinion that the Underwriting Letter is dated October 26, 2004. Moreover, Court papers show that Zernik’s attorney objected to this record, since this record was unsigned, and unauthenticated, and should never have been admitted as evidence by any judge. Furthermore, Judge Connor allowed it to be entered as evidence in Sur Reply,”…it is unheard of… Judge Jacqueline Connor ruled everything upside down, you can only wonder why.” Says Zernik.
Furthermore, in court papers, Zernik claims that from her first day as presiding judge in this case, Judge Jacqueline Connor was generating fraudulent litigation records in the case, which he claims, means that most likely the case was designed for fraud even before claims were filed…
“Right at the beginning, my attorney filed a demurrer on Statute of Frauds,one of the Frauds Medieval, since Samaan failed to include any contract in the complaint. Judge Connor denied the Demurrer. Then during discovery, there were six (6) different version of the contract…somebody was having a field day…but Samaan would not state which is the contract that she was suing about. Then Judge Connor allowed her to enter a fraudulent document produced by Countrywide as the contract, in Reply brief on Summary Judgment motion. It is entirely abusive to allow such central evidence in the last minute, when the other party does not have time to respond – straight from the middle ages - classic Statute of Frauds Fraud” says Zernik. “Samaan also never authenticated that record, since it was fraud. I objected, I described the fraud in that record in great detail in court, but Judge Connor admitted it as evidence.”
Moreover, court records show that on the day that Judge Connor was hearing summary judgment Zernik already had on the schedule a motion for sanctions for frauds against Att Mohammad Keshavarzi, from Sheppard Mullin. The transcript also shows that Zernik explained that fact to Judge Connor during the hearing. And still - Judge Connor ruled that there was no material disputable fact in the case as a whole. “Such ruling is required for the ruling of Summary Judgment.” Says Zernik. “I believe that the conduct of Attorney Keshavarzi, upon review by an honest court would be deemed racketeering, he was knowingly, repeatedly filing these false records”.
“But that was only the beginning…” Says Zernik. “Now that we went back and managed to get many of the records that the court was hiding, we find that Judge Jacqueline A Connor recorded the Demurrer, once as :GRANTED, once as OVERRULED, and once as a decision that was vacated. Three different contradictory records from the same day for the adjudication of one action! That is not the only time either. There are numerous such contradictory records in this case.”
“It is almost a year now, and we are still dealing with her Judgment Fraud. That is another Fraud Medieval” Says Zernik.. “That is why they invented the Book of Judgments in the first place - as a public record that is open to all - so that no party would be able to play games with the judgment- and to ensure that the judgment is final.”
According to California law, CCP §664, the judge has to create and sign two copies of the judgment. One copy goes into the court file, like any other record, but the second copy needs to be entered into the Book of Judgments. If the second copy is not entered into the book of judgment the judgment is not valid, and also not final, it can still be changed, but it is not “effectual” for execution.
“It all sounds very simple. But then it turned out the Los Angeles Superior Court has been denying access to its Book of Judgments for a long time” Says Zernik.
“We estimate that it has been 25 years, since the public was allowed access to the Book of Judgments, as required by law” Says Zernik.
The estimate is based on statements by the clerk’s office that the Book of Judgments, in a traditional paper form was eliminated when the court introduced its computer system “Sustain”. That happened by estimate about 25 years ago. And the Los Angeles Superior Court denies any public access to that system. ”that is also clearly in violation of the law” says Zernik. In court papers he claims that the public has the right to inspect all these records both by U.S. Constitution, and also by California Constitution, California Public Records Act, California Rules of Court, etc. He also claims that he appeared a number of times before the Supervising Judge of Santa Monica Courthouse, to demand to inspect such records. ”He answered to my request by saying: ‘Sustain is privileged- for the court only’” says Zernik “and that is a violation of my civil rights and also a violation of U.S. law. Not only is he denying me the right to see my own litigation papers, he is also inventing an unwritten rule of court. That is prohibited by U.S. law for any court in the U.S. – State or Federal.”
“Basically, they created conditions where you cannot see if the judgment was entered or not.” Says Zernik “the court brought justice in Los Angeles back to the medieval times…”
In court papers, Zernik describes the right to inspect and to copy court documents, as a First Amendment right, and that such right was confirmed in Nixon v Warner Communications by the U.S. Supreme Court. In court papers, Zernik claims that the Los Angeles Superior Court is violating the First Amendment rights of the 9.5 million people that it claims to serve, and that it has been doing so for an estimated 25 years!
Zernik explains that the idea of Book of Judgment, as a public record that is open to all to see, was invented hundreds of years ago, as part of what later became Common Law: “ It is a very simple, but very effective way to prevent frauds in the court” says Zernik,“ and if you come to think about it, what interest is there for an honest court to hide its Book of Judgments?” asks Zernik.
He states in court records that he asked in writing numerous times, both the Presiding Judge of the Court and the Clerk, who by law is supposed to keep the Book of Judgment and allow the public to inspect and to copy it. But he was always denied the right to access the Book. Moreover, he requested the Presiding judge to certify (as required by law – you are entitled to obtain a certified copy of any court document for a small pay) either a copy of the judgment from the Book of Judgment, as a proof that the judgment is there, or otherwise to issue a certificate that there is no such judgment in the Book. The Court is refusing to issue either.
“But I managed to get around that too…since it is now over a year, I went to the archives, where they keep microfilm backups of key court records, just in case.” Obviously, the Book of Judgments is a key court record. ”I searched and copied all the judgments that were entered on Aug 9, 2007, the day my judgment was supposed to be entered, and also the judgments from neighboring days, but there was no judgment in my case. Then I asked the clerk to help me, and he tried to find it, but it was not there, Finally he looked at his computer, in “Sustain” – the system that they claim is “privileged”, and he told me I must call an attorney immediately, since no judgment was entered in my case, and it was clearly marked in Sustain.”
“There is no other explanation for the conduct of Judge Connor, and the office of the Presiding Judge of the Court is colluding with her. It is crude fraud, the kind that you would expect from a thug…they claim that there is a judgment, but I am not allowed to see it…I could never believe something like this could take place in the U.S. in our time…” says Zernik “Judge Jacqueline Connor and the Los Angeles Superior Court are straight from medieval times.”
Such conduct, Zernik states in court papers, is likely to be deemed criminal acts, once reviewed by an honest court: The court forced Zernik to leave his home under threat of force, the court forcibly entered the property, the court sold Zernik house. And the Court never gave Zernik any of the proceeds of the sale. “I have not seen a penny”
Moreover, Zernik found out that the title was transferred in a manner that would be deemed, when reviewed by another court, a real estate fraud (see attached document, where a veteran FBI agent reviewed the documents).
“Why would a court get involved in a title fraud if they have a valid judgment?” asks Zernik. He says: “The fact that the court had to use fraud on the grant deed is the best proof that the court knew that it had no valid judgment. That means that they committed all these misleading acts intentionally, and that is clearly fraud”.
Moreover, in court papers Zernik claims that he believes his case is not unique at all. The only difference is that he had no attorney. Had he had an attorney at that time, he would never know any of the details that led him to explore the various issues that led to the determination that there was fraud involved here.
“No attorney would tell you that the Los Angeles Superior Court is engaging in real estate frauds… at least none of the attorneys that I have engaged or interviewed for engagement”, says Zernik. ”In fact, in court papers I claim that Judge Jacqueline Connor’s conduct in my case amounts to racketeering from the bench. She deliberately entered false litigation records, with no notice to parties, and then she engaged in elaborate game that took over three weeks of trying to make it as unclear as possible whether judgment was entered or not. But it was meant to be simple – you just look in the book. Or in this case – you just look on the computer screen...except that they created a system where you are not allowed to look at the records... it is such a basic and crude violation of civil rights that it took me time to believe it was happening to me…”
“What is most worrisome, is that you cannot get police or FBI to investigate Judge Connor” says Zernik. “Both the FBI and Beverly Hills Police are refusing to investigate, also – California District Attorney Office. Even the office of California Attorney General Jerry Brown, who is trying to run for governor. Jerry Brown’s office issued a letter by a Special Assistant to Jerry Brown, named Thomas Greene, that this is a private matter. In discussion with Mr Greene it became apparent to me that he had a conflict of interest and should have removed himself from this matter. I demanded a statement on the record regarding conflicts, or lack thereof – but he refused to provide one. And yet – he issued a letter stating that this is a private matter, and refused to investigate – even with all the preliminary investigations that I produced. I am surely never going to vote for Jerry Brown for Governor… he betrays the office he occupies…”.
Zernik points out a unique exception:
“The only exception on the opposite side is my Congresswoman, the Honorable Diane Watson, a courageous woman, who puts the true interests of her people – we the voters - above all else! She initiated inquiry with the office of the Director of FBI”
Zernik relates this dire situation to the role of Judge Jacqueline Connor in the First Rampart Trial in 2000. It was reported in all media at the time, that Judge Connor presided in the First Rampart Trial, in 2000, where several police were prosecuted for abuses of civil rights of the people.
Erwin Chemerinsky, the founding Dean of the new Irvine Law School and a civic leader described it as follows:
“Any analysis of the Rampart scandal must begin with an appreciation of the heinous nature of what the officers did. This is conduct associated with the most repressive dictators and police states. “
“…and judges must share responsibility when innocent people are convicted.”
“..it is telling that there is virtually no reference in the Board of Inquiry Report to the “code of silence” described by the Independent Commission on the Los Angeles Police Department.”
“No single reform can be sufficient. Reform is not an event, but a process that will take many years to complete. The hope is that this crisis provides a unique opportunity for reform. This opportunity must not be squandered. This report is written with the strong belief that reform is possible and that future Ramparts can and must be prevented."
Chemerinsky 57 Guild Prac. 121 2000
And professors from Loyola law school published a paper stating as follows:
“…judges tried and sentenced a staggering number of people for crimes they did not commit. How could so many participants in the criminal justice system have failed either to recognize or to instigate any meaningful scrutiny of such appalling and repeated perversions of justice?”
“…we felt a particular obligation to ensure that no aspect of the Los Angeles criminal justice system, including the lawyers and judges, escaped scrutiny. A law school, with its concern for all aspects of the justice system, is the obvious place for such an examination.”
David W. Burcham, and Catherine L. Fisk, Loyola Law School, Los Angeles, 2000
Prior to the time of the First Rampart trial, Judge Jacqueline Connor was routinely involved in criminal prosecutions brought by Rampart Police, in news paper report she is also described as having issued a death sentence in a criminal case.
The question of the validity of the criminal convictions was a central question in the Rampart trial itself. Newspaper reported that at the end of the trial some 150 people were released from long term sentences…
“That was a paradox to me in the first place, how could she preside in a trial that could end up reviewing her own decisions in criminal cases brought by the very same police?”. Say Zernik.
If you read reports from the trial, she limited the discovery and evidence that could be entered in that trial.
At the end of the trial, the Jury found three of the four police guilty, and sentence them for prison terms. On December 22, 2000, Judge Jacqueline Connor overruled the jury verdict, and freed the three police involved. That act is described in news reports from that year as “unprecedented.”
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“My case holds high public policy significance” says Zernik. ”Not because of the elaborate frauds by Judge Jacqueline Connor that I claim in my case, and not because of the fact that I claim that combined with the illegal hiding of the Book of Judgments, and combined with the illegal “privileged” computer, it shows a racketeering organization in the Los Angeles Superior Court, which has been going on for decades..,”.
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“These are not only financial crimes, these are also severe violations of my civil rights. I have been trapped in court since 2005, and my losses are over $2.0 millions now, in a case that any reasonable person would say is fraud from start to end. And it is abuse of my civil rights by the U.S. constitution – for Due Process, for Free Speech, and for Possession. The Los Angeles Court behaves like we never got the Bill of Rights…”
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“But that still is negligible compared to the significance of my case as a new way to evaluate what happened in Los Angeles in 2000 relative to the First Rampart Trial. The violations of civil rights in that trial were of entirely different magnitude. And that trial, and its aftermath, are clearly a defining event in the urban history of Los Angeles, and also in the history of the Justice System in the U.S.”
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"My case shows the direct relationship between abuse of the civil rights of a homeowner in Beverly Hills, and civil rights violation of different proportions, as seen in the Rampart neighborhood, and on the other hand – it is tied directly to the leadership of Countrywide, also residing in Los Angeles County, which is a main culprit in the sub-prime crisis, which I think most people will never be able to comprehend the cost of that to our country…. "
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"It is because of the Rampart case that I am asking the public to support the petition I have released this weekend – to open the Book of Judgments, and to appoint a U.S. Special Counsel to investigate the Los Angles Superior Court”.
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“The Consent Decree that was entered by the U.S. government and the City of Los Angeles in June 2001 placed a U.S. Judge as Overseer of the LAPD, but it neglected to do the same with the Los Angeles Superior Court, which was as much to blame.”
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Submitted with this paper as online records in support of claims:
1) Fraud expert letter in re:
Sept 7, 2004 Pre-qualification Letter presented by Samaan, purported to be signed by Loan Broker Victor Parks.
“The Consent Decree that was entered by the U.S. government and the City of Los Angeles in June 2001 placed a U.S. Judge as Overseer of the LAPD, but it neglected to do the same with the Los Angeles Superior Court, which was as much to blame.”
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Submitted with this paper as online records in support of claims:
1) Fraud expert letter in re:
Sept 7, 2004 Pre-qualification Letter presented by Samaan, purported to be signed by Loan Broker Victor Parks.
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2) Fraud expert letter in re:
Sept 27, 2004 Loan Applications (1003) submitted by Samaan to Countrywide, and produced by Countrywide in legal subpoena production, purported to be signed by Loan Broker Victor Parks.
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2) Fraud expert letter in re:
Sept 27, 2004 Loan Applications (1003) submitted by Samaan to Countrywide, and produced by Countrywide in legal subpoena production, purported to be signed by Loan Broker Victor Parks.
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3) Fraud Expert Letter in re:
Oct 26, 2004 Countrywide Underwriting Letter, unsigned, unauthenticated, purported in court by Samaan and Countrywide to be an Oct 14, 2004 valid Countrywide Underwriting Letter, and admitted as such by Judge Connor, overruling evidentiary objections, but producing no written evidentiary rulings. Sandor Samuels, chief legal counsel of Countrywide at the time, and immediate past president of Bet Tzedek, refused to stop the fraud, even after numerous requests.
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Oct 26, 2004 Countrywide Underwriting Letter, unsigned, unauthenticated, purported in court by Samaan and Countrywide to be an Oct 14, 2004 valid Countrywide Underwriting Letter, and admitted as such by Judge Connor, overruling evidentiary objections, but producing no written evidentiary rulings. Sandor Samuels, chief legal counsel of Countrywide at the time, and immediate past president of Bet Tzedek, refused to stop the fraud, even after numerous requests.
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4) Fraud expert letter in re:
Grant Deeds presented and approved in court on Dec 7, 2007, and registered in Office of Registrar/Recorder on Dec 17, 2007, by Court Officer, Bet Tzedek former President – Attorney David Pasternak.
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Grant Deeds presented and approved in court on Dec 7, 2007, and registered in Office of Registrar/Recorder on Dec 17, 2007, by Court Officer, Bet Tzedek former President – Attorney David Pasternak.
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HELP US OPEN THE BOOK OF JUDGMENTS
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"The judgment was set and the books were opened" Daniel 7:10.
"The judgment was set and the books were opened" Daniel 7:10.
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OUR GOAL IS TO OPEN THE BOOK OF JUDGMENTS OF LA SUPERIOR COURT BY OCTOBER 9, 2008... TO BRING LA BACK INTO THE FOLD OF THE U.S. CONSTITUTION...
OUR GOAL IS TO OPEN THE BOOK OF JUDGMENTS OF LA SUPERIOR COURT BY OCTOBER 9, 2008... TO BRING LA BACK INTO THE FOLD OF THE U.S. CONSTITUTION...
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Hi,
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I find myself against my will in the role of civil rights activist... but I accepted it by now as my karma, must have been in my stars… I believe that the issue I raise here - severe violations of civil rights, and violations of the very basic paradigms of honest courts (First Amendment rights of open books of court and open court files - as public records) by the LA Superior Court, for an estimated 25, years are astonishing...
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Did nobody ever notice it?
Did nobody ever notice it?
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The exact same question was repeatedly asked after the Rampart scandal, and in a way it reminds us of the relationship between the two issues.This is Joseph Zernik, writing from Los Angeles, California, where for almost 3 years I have been abused by Los Angeles Superior Court judges.
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Additional information can be found further below.
Additional information can be found further below.
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Also in our Petition blog: http://tikkunla.blogspot.com/
And yet more information in my personal blog: http://inproperinla.blogspot.com/ .
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Petition Instructions- it’s as easy as 1… 2…
And yet more information in my personal blog: http://inproperinla.blogspot.com/ .
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Petition Instructions- it’s as easy as 1… 2…
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1) Please complete the petition form, copied below, and email it back to this address: <1stamendmentla@gmail.com>.
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2) Please pass this email on.
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TIKKUN LA 2008.
2) Please pass this email on.
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TIKKUN LA 2008.
PLEASE JOIN OUR PETITION
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1) Demanding that the Los Angeles Superior Court restore by October 9, 2008 a Book of Judgment - public record open for all.
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1) Demanding that the Los Angeles Superior Court restore by October 9, 2008 a Book of Judgment - public record open for all.
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2) Requesting that the U.S. Justice Department appoint a Special Counsel to investigate wide-spread abuses of civil rights by the Los Angeles Superior Court.
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2) Requesting that the U.S. Justice Department appoint a Special Counsel to investigate wide-spread abuses of civil rights by the Los Angeles Superior Court.
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Please email to us before October 9, 2008 at 1stamendmentLA@gmail.com the form below, once completed, or enter the following data in any of the Comments at the bottom of the postings on our blog <http://tikkunla.blogspot.com/>:IRS non-profit application in progress. No fund raising is done until such approval is obtained.
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TIKKUN LA 2008
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1) Name ___________________________________
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1) Name ___________________________________
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2) Phone __________________________________
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3) Address_________________________________
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4) Email___________________________________
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5) Statement (if true and correct):"I am over 18 years old, and a U.S. Citizen." Y / N
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6) Please add my name to TIKKUN LA 2008 Petition, asking Presiding Judge Stephen Czuleger:"Please uphold the U.S. Constitution, and please be faithful to your oath of California judge."--- Y / N
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7) Please add my name to TIKKUN LA 2008 Petition, asking U.S. Department of Justice:Please appoint a SPECIAL COUNSEL to investigate violation of the civil rights of 9.5 millions in LA County by the LA County Superior Court it" Y / N
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No requirement of California or LA residency for joining in our petitions. Please help by adding you voice... and passing this on to friends... read more below...
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Joseph Zernik
TIKKUN LA
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Additional Background Information
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Additional Background Information
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What is described below is medieval, crude frauds by the courts on litigants, especially in the areas of real estate. I believe that:
Any litigation in the SANTA MONICA COURTHOUSE in the last 25 years, in real estate matters, on claims of "Specific Performance" pursuant to "Equity Rights", should be held suspect as a case of racketeering by the court.
Any real estate case in the LA SUPERIOR COURT, where ATT DAVID PASTERNAK was involved as Receiver or Master, or Referee, should be deemed suspect case of racketeering by the court.
Any litigation in the SANTA MONICA COURTHOUSE in the last 25 years, in real estate matters, on claims of "Specific Performance" pursuant to "Equity Rights", should be held suspect as a case of racketeering by the court.
Any real estate case in the LA SUPERIOR COURT, where ATT DAVID PASTERNAK was involved as Receiver or Master, or Referee, should be deemed suspect case of racketeering by the court.
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Any case where COUNTRYWIDE or any of its subsidiaries or affiliates were party to litigation in the same court house should similarly be held suspect.
This petition is part of combined efforts to enforce compliance with civil rights pursuant to the U.S. Constitution on the Los Angeles Superior Court. Since 2001 a U.S. OVERSEER - a Federal Judge, the HONORABLE GARY FEESS - is in place to monitor civil rights compliance by the Los Angeles Police Department. But the court, which according to the reports from that period was just as much part of the problem - was left in the CONSENT DECREE negotiated by the U.S. ATTORNEY, CENTRAL DISTRICT OF CALIFORNIA with no supervision, and as seen here - continues its abuses.More disturbing yet is the role of the FBI in lawlessness in Los Angeles. The FBI is listing Los Angeles as the "epicenter" of a national "epidemic" of real estate and mortgage fraud. The FBI has refused to investigate my complaints for a year and a half, since it involved judges. That is when my complaints included critical evidence regarding Countrywide, when Countrywide is at the focus of FBI attention at the national level.
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Any case where COUNTRYWIDE or any of its subsidiaries or affiliates were party to litigation in the same court house should similarly be held suspect.
This petition is part of combined efforts to enforce compliance with civil rights pursuant to the U.S. Constitution on the Los Angeles Superior Court. Since 2001 a U.S. OVERSEER - a Federal Judge, the HONORABLE GARY FEESS - is in place to monitor civil rights compliance by the Los Angeles Police Department. But the court, which according to the reports from that period was just as much part of the problem - was left in the CONSENT DECREE negotiated by the U.S. ATTORNEY, CENTRAL DISTRICT OF CALIFORNIA with no supervision, and as seen here - continues its abuses.More disturbing yet is the role of the FBI in lawlessness in Los Angeles. The FBI is listing Los Angeles as the "epicenter" of a national "epidemic" of real estate and mortgage fraud. The FBI has refused to investigate my complaints for a year and a half, since it involved judges. That is when my complaints included critical evidence regarding Countrywide, when Countrywide is at the focus of FBI attention at the national level.
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After inquiry by t he HONORABLE DIANE WATSON, CONGRESSWOMAN* led to a letter from ASSISTANT DIRECTOR KAISER of the FBI in Washington DC, which asked Zernik to re-submit his complaint to the Los Angeles FBI. Even after that, Zernik was informed that the FBI would not investigate, since he included judges in the complaint.
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The conduct of JUDGE JACQUELINE CONNOR in this case cannot be separated from her role in the FIRST RAMPART TRIAL. And the role of the FBI in my case, cannot be separated from the role of the FBI in the RAMPART CASE. The conduct of Judge Jacqueline Connor must also be viewed in the context of the rampart trial.
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My case involves severe violations of civil rights for Free Speech, for Due Process, and for Possession. And surely it is not the only real estate case of its kind in this court house. But it is insignificant compared the violations of civil rights revealed in the Rampart case.
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ERWIN CHEMERINSKY, FOUNDING DEAN. IRVINE LAW SCHOOL, and a Los Angeles civic leader wrote:
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“Any analysis of the Rampart scandal must begin with an appreciation of the heinous nature of what the officers did. “
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“…and judges must share responsibility when innocent people are convicted.”
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“No single reform can be sufficient. Reform is not an event, but a process that will take many years to complete. The hope is that this crisis provides a unique opportunity for reform. This opportunity must not be squandered. This report is written with the strong belief that reform is possible and that future Ramparts can and must be prevented."
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Erwin Chemerinsky, 2000
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DAVID W. BURCHAM and CATHERINE L FISK, LOYOLA LAW SCHOOL, wrote:
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“…judges tried and sentenced a staggering number of people for crimes they did not commit. How could so many participants in the criminal justice system have failed either to recognize or to instigate any meaningful scrutiny of such appalling and repeated perversions of justice?”
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“…we felt a particular obligation to ensure that no aspect of the Los Angeles criminal justice system, including the lawyers and judges, escaped scrutiny. A law school, with its concern for all aspects of the justice system, is the obvious place for such an examination.”
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David W. Burcham, and Catherine L. Fisk, Loyola Law School Symposium, Los Angeles, 2000
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This is what this petition is trying to correct - we urgently need Federal review of the LA Superior Court, and the FBI in Los Angeles need to be supervised by either the Overseer of the Rampart, or a Special Counsel we hope will get appointed.In my case:
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The judges of the court preside with no assignment orders, transferring the court file from judge to judge in disregard of the law, and with no authority and no jurisdiction at all.
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They hide the books of court - claiming that there is a judgment in my case, but the Book of Judgments is hidden, and the entered judgment cannot be seen.
<Judgment Fraud>
They keep double books of litigation records, with secret files, hidden from the public, back-dating and vacating orders with no notice to parties.
<Secret Invalidation of Minute Orders>
They refuse to notice orders they issue or vacate from chambers.
They stole my house - see in my blog photocopies of fraudulent Grant Deed registered by the court in the Office of Registrar.
<Grant Deed Fraud>
They issued 3 gag orders on me - for Countrywide, for Mara Escrow, and for United Title - all large companies involved in real estate fraud in my case.
The main judge in my case engaged in repeated fraud in generating double books of litigation records - one on paper, and the opposite, hidden from the public - in court's computer
<Claims Against Connor>I am grateful for each and every reply - each one counts, and our goal is 10,000 responses by October 9, 2008.
It takes a minute to respond, and you are very likely to make a substantial difference in the life of 9.5 millions living in Los Angeles County. We already have one Federal Overseer for civil rights in place, appointed in 2000 after the Rampart scandal. But his appointment was focused on the police. The court, which was equally to blame, and the FBI, were mostly left out...
Joseph Zernik
<Judgment Fraud>
They keep double books of litigation records, with secret files, hidden from the public, back-dating and vacating orders with no notice to parties.
<Secret Invalidation of Minute Orders>
They refuse to notice orders they issue or vacate from chambers.
They stole my house - see in my blog photocopies of fraudulent Grant Deed registered by the court in the Office of Registrar.
<Grant Deed Fraud>
They issued 3 gag orders on me - for Countrywide, for Mara Escrow, and for United Title - all large companies involved in real estate fraud in my case.
The main judge in my case engaged in repeated fraud in generating double books of litigation records - one on paper, and the opposite, hidden from the public - in court's computer
<Claims Against Connor>I am grateful for each and every reply - each one counts, and our goal is 10,000 responses by October 9, 2008.
It takes a minute to respond, and you are very likely to make a substantial difference in the life of 9.5 millions living in Los Angeles County. We already have one Federal Overseer for civil rights in place, appointed in 2000 after the Rampart scandal. But his appointment was focused on the police. The court, which was equally to blame, and the FBI, were mostly left out...
Joseph Zernik