09-12-22 Requesting the Presiding Judge and Clerk of the Court to stop fraud under caption of Samaan v Zernik (SC087400)

     
_ _ _ _ __ _ _ __ __ _ _ _ _ David Pasternak 

Date: Tue, 22 Dec 2009 09:54:06 -0800
To: "Charles McCoy -Presiding Judge " <12136177176@efaxsend.com>, "John A Clarke- Clerk of the Court" <12136217952@efaxsend.com>, "Mohammad Keshavarzi" , jenna.moldawsky@bryancave.com, "Amberg, John W." < jwamberg@BryanCave.com >, "David Pasternak" , "Cindy F. Pasternak" , "John Patton"
From: joseph zernik
Subject: Fraud under caption of Samaan v Zernik (SC087400)

Please see attached letter in re: Fraud under caption of Samaan v Zernik (SC087400), jz 

December 22, 2009


Presiding Judge Charles McCoy
Clerk of the Court John A Clarke
Judge Richard A Stone
Attorney David Pasternak and the law firm of Pasternak, Pasternak, Patton
Attorney Mohammad Keshavarzi and the law firm of Sheppard Mullin
Attorneys John Amberg and Jenna Moldawsky and the law firm of Bryan Cave, LLP


RE: Multiple instances of fraud by the court in Samaan v Zernik (SC087400)


Dear Presiding Judge McCoy, Clerk Clarke, Judge Stone, and Attorneys listed above:

I am writing to request that you bring to an end multiple instances of fraud by the court, perpetrated through the Office of the Clerk and through judges of the LA-JR (alleged LA-Judiciary Racket), such as Jacqueline Connor, John Segal, and Terry Friedman:


1) Regarding purported caption of Samaan v Zernik (SC087400) as whole
Neither the Presiding Judge, nor the Clerk of the Court were willing to state on the record that it was a caption that was litigated under the Superior Court of California, County of Los Angeles, and the evidence as a whole indicated that it was fraud from the start. I therefore request that you ensure that nobody in the court issued any additional fraudulent notices or papers under such fraudulent caption, and that nobody was allowed to file any additional papers under such fraudulent caption.
I request that you mark all records of this caption as fraud in court records.


2) Regarding fraudulent Minute Order of August 21, 2007, and conduct of Deputy-Clerk L Adornato
That minute order was central to the alleged fraud by Judge Jacqueline Connor in re: purported judgment in this case. The copy of the minute order that was mailed out was considered prime evidence of fraud by the court, among other reasons:
• It was dated and signed by L Adornato as if it were entered on August 21, 2007.
• In fact, the minute order in Sustain showed that it was entered on August 28, 2007.
• The USPS stamp was likewise of August 28, 2007.
I allege that Deputy-Clerk L Adornato was a willful partner to criminalities by Judge Jacqueline Connor.
I request that you initiate investigation of alleged fraud in conduct of L Adornato.
I request that you specifically mark the August 21, 2007 Minute Order as fraud in court records.

3) Regarding fraudulent November 9, 2007 Order Appointing David Pasternak Receiver and conduct of Deputy Clerk John Tennyson.
• Deputy Clerk John Tennyson accepted the filing of a fraudulent (as opined by fraud expert) November 9, 2007 Order appointing David Pasternak Receiver, with a Proof of Service dated October 26, 2007, which belonged to a different record.
• Later, Attorney David Pasternak purported to be a truly appointed Receiver, where in fact there never was an honest, valid and effectual order for his appointment.
• Later, using such fraudulent Appointment Order Attorney David Pasternak issued fraudulent grant deeds (as opined by fraud expert)
• Requests by me, or by legal services (which provided declaration to that effect) to have such fraudulent order certified by the Office of the Clerk West District, were routinely denied.
• The office of the Clerk of the Court and the Presiding Judge of the Court, likewise, refused to certify David Pasternak’s appointment as a Receiver.
• Such order, by law was to be entered into the Book of Judgment, in order to make it effectual for any purpose - was never entered – since no Book of Judgment existed.
• Regardless of all the above, I have in my possession a certified copy of the order, which was certified by John Tennyson as well, at the request of another party.
I allege that Deputy-Clerk John Tennyson was willful partner to criminalities by Judge John Segal and Attorney David Pasternak.
I requested that you initiate investigation of alleged fraud in conduct of John Tennyson in this regard.
I request that you specifically mark the November 9, 2007 Order as fraud in court records.

4) Regarding fraudulent November 9, 2007 Order Appointing David Pasternak Receiver, fraudulent November 24, 2009 Declaration by Attorney David Pasternak, and conduct of Attorney David Pasternak in general.
• On or about November 24, 2009, Attorney David Pasternak purported to have filed a declaration under the fraudulent caption of Samaan v Zernik (SC087400)
• Such declaration was purported to have been filed under a face page, where Attorney David Pasternak fraudulently designated himself “Receiver”.
• As usual, as part of the fraudulent scheme, Attorney David Pasternak never used the term “entered” relative to such order, but instead used the invalid, ineffectual term “issued”
• Regardless, the intent and the conduct of David Pasternak, who filed papers designating himself “Receiver” based on such fraudulent paper, was part of a fraud scheme, as opined by fraud expert of the highest reputation.
• The declaration filed on or about November 24, 2009 was replete with other fraud records, none of them including authentication.
I allege that Attorney David Pasternak was routine partner in real estate fraud by the LA-JR.
I request that the Clerk of the Court specifically mark the declaration by Attorney David Pasternak,
dated November 24, 2009 as Fraud.


5) Regarding intention of Attorney David Pasternak to appear before Judge Richard A Stone on January 5, 2010, or any other date, under the fraudulent caption of Samaan v Zernik, with a fraudulent Motion and a fraudulent declaration.
I request that the clerk of the court forward this notice to Judge Richard A Stone, and that the Presiding Judge and the Clerk of the Court prevent any further racketeering on court grounds during business hours under the fraudulent caption of Samaan v Zernik (SC087400).

6) Regarding monetary transactions between Attorney David Pasternak and the Clerk of the Court, and designation of funds received under the fraudulent caption of Samaan v Zernik (SC087400)
As previously noted, all fees under this caption were designated “Journal Entry”, where in other cases such fees were designated “ Filing Fees”, “Motion Fees”, “Stipulation Fees”, etc.
I again request that the Presiding Judge and Clerk of the Court disclose the final designation of funds taken by the court under caption of Samaan v Zernik (SC087400), as well as the designation of funds received by the Clerk of the Court from Attorney David Pasternak under the same caption, which would upon review be deemed money laundering.

Truly,


Joseph Zernik

"This case should demonstrate that the FBI will pursue all allegations of judicial corruption vigorously, as public corruption violations are among the most serious of all criminal conduct and can tear at the fabric of a democratic society," said John F. Pikus, special agent in charge of the Albany division, in a prepared statement.