09-12-16 Requesting Atty David Pasternak's explanation for conduct that appeared as racketeering...

LA Superior Court and Bank of America Corporation -

Now serving you better by (a) conduct (b) of a joint enterprise (c) through a pattern (d) of racketeering activity.

Date: Wed, 16 Dec 2009 11:34:29 -0800

To: "David Pasternak" , <13105531540@efaxsend.com>

From: joseph zernik

Subject: Timely response requested within 2 business days. Re: purported caption Samaan v Zernik (SC087400) -

Request for explanation of notices received via USPS and a check dated Nov 16, 2009

RE: Purported caption Samaan v Zernik (SC087400) - Request for explanation of

Notices received via USPS and a check - dated Nov 16, 2009*

Timely response requested within 2 business days

To Attorney David Pasternak

Dear Mr Pasternak:

Please accept this notice as a request for clarifications regarding recent notices received

from your office via USPS first class mail at my post office box #526 in La Verne,

California, 91750. Concerns were raised that these notices in particular, and your

conduct relative to my property at 320 South Peck Drive, Beverly Hills, California,

90212 in general, evidenced various kinds of fraud, including, but not limited to mail

fraud.

Recent notices referenced in this notice included: (1) Purported Notice of Cancellation

signed by David Pasternak, dated November 16, 2009, post stamped November 17, 2009,

[1] and (2) Notice of payment signed by David Pasternak, dated November 16, 2009,

including a copy of check # 4323, in the sum of $6,000, 1st Century Bank, Los Angeles,

Acct # 122243761, no account name printed on the check, signed by Lisa Kalaydjian,

dated November 16, 2009, to the benefit of "Clerk of the Los Angeles Superior Court",

post stamped November 16, 2009. [2]

1) Regarding purported Notice of Cancellation signed by David Pasternak, dated

November 16, 2009, post stamped November 17, 2009 [1] :

a) You marked the notice as pertaining to case captioned Samaan v Zernik (SC087400),

Superior Court of California, County of Los Angeles. In the past two years Presiding

Judge Charles McCoy and the Clerk of the Court John A Clarke denied multiple

requests to certify that such caption was a matter litigated under the Superior Court of

California, County of Los Angeles. The conduct of alleged fraudulent caption of Samaan

v Zernik (SC087400) on the grounds of the Superior Court of California, County of Los

Angeles, and under the guise of litigation of such court were of particular concern given

the fact that purported Plaintiff in such caption, Nivie Samaan, was represented by

Attorney Mohammad Keshavarzi of the law-firm of Sheppard Mullin. Presiding

Judge Charles McCoy was previously a Partner in the same law-firm. Moreover,

Presiding Judge Charles McCoy was notified over recent years numerous times of

alleged fraud in the conduct of Mohammad Keshavarzi, including but not limited to the

purported November 9, 2007 Motion of Appointment of David Pasternak Receiver. [3],

[4]. Presiding Judge Charles McCoy failed to initiate any corrective actions during these

years.

One must notice in this regard that former Presiding Judge Welch of neighboring San

Bernardino County, California, was also tied to numerous cases of real estate fraud. [5]

Please provide evidence that such caption was indeed a matter litigated under

jurisdiction of Superior Court of California, County of Los Angeles.

b) You marked the matter as Presided by "Hon Terry B Friedman". Terry B

Friedman failed to present due assignment order as presiding judge in such purported

caption. Moreover, Presiding Judge Charles McCoy and the Clerk of the Court John A

Clarke, denied multiple requests in the past two years to certify that Terry B Friedman

was presiding judge in such purported caption.

Please provide evidence that Terry B Friedman was indeed duly assigned Presiding Judge in such purported caption, and was engaged in judicial acts (vs extrajudicial conduct) in this matter.

c) You stated (p1) "Continued Status Conference previously scheduled to be held....".

No such status conference ever appeared on the Calendar of the Court.

Please provide evidence that Status Conference that you purported to cancel, ever appeared on the Calendar of the Court.

d) You addressed the purported notice to "Parties and their Attorneys of Record Herein"

However, your Service List named twice "Countrywide Home Loans, Inc" with the

false designation of "Non-Party". Various records purported to be records issued by the

court interchangeably designated "Countrywide Home Loans, Inc" as "Parties in

Interest", "Plaintiff", "Defendant", "Cross Defendant", "Intervenor", etc - all with no legal

foundation at all. However, none designated Countrywide as "Non Party".

Please explain the use of party designation that appeared false on its face.

e) You included "Countrywide Home Loans, Inc" in your service list, whereas no such

entity existed for many months at the time you issued the purported notice.

Please explain the inclusion of a non-existent entity as a purported party to litigation.

f) You listed John Amberg, Jenna Moldawsky, and/or Bryan Cave, LLP in your

service list, addressed to parties and attorneys of record, as counsel for Countrywide

Home Loans, Inc. Even when Countrywide Home Loans, Inc existed as a corporate

entity, the evidence showed that the attorneys and law-firm that you listed were not

Attorneys of Record for such entity. After the take-over of Countrywide Financial

Corporation by Bank of America Corporation (BAC), July 1, 2008, I contacted the

office of BAC General Counsel on multiple occasions, and I was invariably informed by

senior staff of that office that Bryan Cave, LLP was not authorized as Attorneys of

Record. However, BAC never took action to stop such allegedly fraudulent appearances

by attorney from Bryan Cave, LLP.

Please provide evidence that John Amberg, Jenna Moldawsky and/or Bryan Cave, LLP were in fact Attorney of Record for Countrywide Home Loans, Inc, at the time that such entity existed.

g) You signed your purported Notice as "Receiver". The Superior Court of California,

County of Los Angeles failed to maintain Book of Judgments, in contradiction with its

own published Local Rules of Court. Therefore, there was no way to confirm your

purported due appointment as "Receiver". All specimen of the purported appointment

order document in my possession were false on their faces - bearing invalid

authentications - dated prior to the date of the purported order itself. [6], [7], [8], [9],[10]

Moreover, Presiding Judge Charles McCoy and the Clerk of the Court John A Clarke,

denied multiple requests in the past two years to certify that David Pasternak was duly

appointed Receiver in a caption of Samaan v Zernik (SC087400).

Please provide evidence that David Pasternak was duly appointed Receiver in a caption of Samaan v Zernik (SC087400).

2) Regarding notice of payment and copy of check # 4323, in the sum of $6,000, 1st

Century Bank, Los Angeles, Acct # 122243761, no account name printed on the

check, signed by Lisa Kalaydjian, to the benefit of "Clerk of the Los Angeles

Superior Court".

a) No account name was printed on the check referenced above.

Please provide the name of account and account owner(s) for 1st Century Bank, Los Angeles, Acct # 122243761.

b) The check was marked by hand "Receivership Estate for 320 South Peck Drive".

Please provide the legal foundation for the existence of such "Receivership" and such "Estate".

c) The check provided evidence that funds indeed existed in such account.

Please provide a reasonable explanation for the source of funds in such account.

d) The check provided evidence that you engaged in various monetary transactions in

such account.

Please provide copies of comprehensive bank statements for all transactions during the lifetime of such account.

e) The check was marked to: "Clerk of the Los Angeles Superior Court". Evidence

documented that all previous funds paid to the Clerk of the Court, Superior Court of

California, County of Los Angeles, by various parties in relationship to purported caption

Samaan v Zernik (SC087400) were designated "Journal Entry". Moreover, Presiding

Judge Charles McCoy and the Clerk of the Court John A Clarke, denied multiple

requests for explanation of the final designation of such "Journal Entry" funds.

Please provide a reasonable explanation for the destination of such funds.

f) The check was signed by Lisa Kalaydjian, who I was informed and believed was

employed by your law-firm as Notary Public. Your name and the name of Lisa

Kalaydjian previously appeared on Grant Deeds that were opined as fraud [11],

pertaining to the same property - 320 South Peck Drive, Beverly Hills, California, 90212.

Please provide a reasonable explanation for the authority of Lisa Kalaydjian to sign as authorized person on such account.

g) In the comment line, the check noted "Paragraph 8 Judgment". However, the

purported judgment record that was attached in the same communication was missing

Proof of Service by party or Certificate of Service and Notice of Entry by Clerk.

Therefore, such records must not be deemed an honest, valid, and effectual Judgment of

any court.

Please provide a reasonable explanation for the legal foundation for monetary

transaction documented in this check, which on its face appeared as money

laundering.

Mr Pasternak, I hope that you would take the time to carefully review this matter and to

respond in a timely manner. Surely you realize that these notices alone evidenced

numerous predicated acts, more than the number required by US law for conviction on

charges of racketeering. Moreover, your role in the purported caption of Samaan v

Zernik (SC087400), in the caption of Galdjie v Darwish (SC052737) and other cases

retrieved from various sources provided overwhelming credible evidence of your role in

(a) conduct (b) of an enterprise (c) through a pattern (d) of racketeering activity.

Truly,

By: ______________

Linked records:

1) The complete letter, with easy links to referenced records and documentation of transmission was posted at:

http://inproperinla.com/09-12-16-req-explanation-by-pasternak-for-notice-re-status-conference-n-check-$6000-dated-nov-16-2009-s.pdf