Tuesday, September 15, 2009

Request for USC Credit Union Chairman of the Board - review records produced by USC CU senior management as the purported legal foundation...

September 15, 2009
.
Jerald M. Jellison, Ph. D.
Chairman of the Board
USC Credit Union
.
Dr Jellison:
.
As part of your consideration of my request in an email letter, sent last night, to engage in grievance
resolution, [i] I request the following:
.
A. I again request that USC Credit Union produce to me the records that the USC Credit Union
deemed as the legal foundation for actions that were taken in my accounts, with no authorization, with
no notification, and which caused me devastating harms. I again request that such production be by a
Custodian of Records, who was duly authorized by the Board of Directors, and that the production be
accompanied by:

1) A Declaration of Custodian of Records, pursuant to California law.

2) A record documenting the appointment of such Custodian of Records by the Board of
Director

B. I previously filed a complaint with the USC Credit Union Supervisory Committee, part of the Internal
Audit structure, in this matter. I was informed that upon review, no wrong was found in the conduct of
USC Credit Union and its staff. I therefore, also request that the following records be produced by the
Custodian of Records:

1) Any Internal Audit Record of USC Credit Union, where there may be mention of any account
bearing the name of Joseph H Zernik, including, but not limited to business, personal, or loan
accounts, including, but not limited to records of the Supervisory Committee.

2) Any External Audit Record of USC Credit Union, where there may be mention of any account
of Joseph H Zernik, as above.

3) Any report filed by USC Credit Union with its Banking Regulator - California Department of
Financial Institutions, where there may be mention of any account of Joseph H Zernik,
as above.

C. I previously repeatedly requested that USC Credit Union comply with the law and regulations
relative to electronic transactions and their authentication, including, but not limited to the operation of
fax machines. I request that the Custodian of records provide any records that indicate what the
current policy and practice are at USC Credit Union in this regard.

D. I also request that the records that may be prepared by USC Credit Union in response to A, B, C,
above, together with records that USC Credit Union produced in the past in response to the same
requests, listed in D:1-3, below, be forwarded to the USC Credit Union Independent Auditor, and that
the Independent Auditor be requested to provide a report upon review of such records.
Records produced by USC Credit Union so far, relative to the conduct in accounts of Joseph H Zernik,
and the appointment of Custodian of Records:

1) June 13, 2008 - Production by Ms Christine Schwarz - VP/Real Estate Loans. [ii]

2) June 25, 2008 - Production by Mr Gary Perez - President/CEO [iii]

3) July 6. 2009 - Production by Mr Ralph Ramirez, COO, of December 15, 2008 Minutes of the
USC Credit Union Board of Directors, in re: Appointment of a Custodian of Records. [iv].

E. Finally, I request that you provide a statement on the record, after review of the records that may be
prepared in response to A-D, above:

1) Including your opinion in re: independence and efficacy of Internal and External Audit
functions, and Integrity of Operations at USC Credit Union;.

2) Including your opinion regarding each and every one of the records that were produced in D:1-
3, above (they total about 10).

3) Including a new copy of the record in D:3 , above, December 15, 2008 Minutes, where your
signature is not redacted, with a respective statement:

a) Whether it was or was not your authentic hand-signature, and

b) In case it was your signature - whether signing such December 15, 2008 Minutes of the
Board was or was not consistent with the safeguard of the Integrity of Operations at USC
Credit Union.

Surely, you realize that the integrity of operations of U.S. financial institutions, is now the focus of
interest at home and abroad. Furthermore, I claim that events, which originated in Los Angeles
County, California, were central to the development of the financial crisis that the U.S. is experiencing
now. Moreover - such events were the outcome of lawlessness in Los Angeles County, patronized by
FBI and U.S. Department of Justice. [v] It was the very same lawlessness that permitted and permits
the continued false confinement of the Rampart-FIPs - a Human Rights disgrace of historic
proportions.



______/s/_____________
Joseph Zernik, DMD, PhD
Member
USC Credit Union

A complete copy can be veiwed at:

Request for USC Credit Union Chairman of the Board - please engage in grievance resolution...

September 14, 2009
.
Jerald M. Jellison, Ph. D.
Chairman of the Board
USC Credit Union
.
Dr Jellison:
.
We have never met, I believe, and I could not remember ever communicating with you before either.
However, searching my email, sure enough, there was a message there from 1998, related to a
request I received for an opinion on potential changes in admission tests to enhance creativity among
the student population of a major institution abroad... where Ed Ransford referred me to you. I have
since left USC, and my publications veered off into fine literature, including co-editing with Moshe
Lazar (USC), and with introduction by Arnold Band (UCLA) a collection of early modern middleeastern
stories in English translation, [i] which won favorable reviews in the LA Times and elsewhere,
and then - the same in French translation by commission for the official press of the Calvinist Church
of Switzerland. [ii]
.
It appeared though that I have never communicated with you on the issue at hand:
I have been member and deposit account owner since ~1991. I am aggrieved by conduct of USC CU
and its staff, and I am writing to seek good-faith resolution. Events that are directly relevant were
initiated at the end of November 2007. The damages caused through the conduct of USC CU by now
exceed $ 2 million dollars. My life since that time is consumed with financial hardships and
harassment by various parties (not USC CU). Had USC CU complied with the law in November-
December 2007, I would have been spared this ongoing ordeal.
...
E. Request to engage in a good-faith grievance resolution:
I was and am a Credit Union member by conviction, not only by convenience. I asked for it before, but
was declined, however, my previous request was not forwarded directly to the Board:
Please let me know if there is a grievance procedure in the bylaws of the Credit Union that would allow
us to engage in a good-faith attempt to resolve the dispute.
.
It is my belief that the conduct of Ms Schwartz, Mr Perez and Mr Loritz was based primarily on Los
Angeles business rationale, which was logically valid on its face. It was obvious that I faced major
hurdles in securing even my most basic Human Rights pursuant to the Universal Declaration - ratified
International Law. Therefore - I was possibly deemed fair game. The risk appeared minimal at best,
and there could be even rewards to be reaped.
.
In contrast, I approach the Board as those who have the ultimate duty for the safeguard of the integrity
of operations. Moreover, the Board should also take into consideration the fact the credit union carries
the USC name and logos. This story, moving along its own course, is not something that the USC
brand-name should be tied into, surely not featured in as a key offender.
.
In case there is any opening for a dialogue towards resolution, please let me know, at least as a
preliminary intent, by September 21, 2009.
.
Sincerely,


______/s/_____________
Joseph Zernik, DMD, PhD
Member
USC Credit Union

The complete letter can be viewed at:

OH WHAT A DAY!

Thanks, Ron, for forwarding to me the news....

Judge Rejects SEC, BofA Settlement Over Merrill Takeover

Southern District of New York Judge Jed S. Rakoff on
Monday rejected the proposed $33 million settlement
between the Securities and Exchange Commission and
Bank of America stemming from the bank's takeover of
Merrill Lynch & Co.

"...the proposed Consent Judgment was a contrivance designed to provide the SEC with the façade of enforcement..."


Rakoff said the consent judgment "is neither fair, nor reasonable, nor adequate."

Request for due notice for purorted proceeding in purported case of Samaan v Zernik (SC087400)

RE: REQUEST FOR A DULY REQUIRED NOTICE FOR SEPTEMBER 23, 2009 PURPORTED
PROCEEDING IN PURPORTED CASE OF SAMAAN v ZERNIK (SC087400)

Timely response requested no later than Thursday, September 17, 2009, 5:00 pm.

TO JOHN A CLARKE, CLERK OF THE COURT, TO THE COURT, AND TO
PURPORTED PARTIES AND COUNSEL AS LISTED ABOVE:

In the online "Case Summaries", published online by the LA Superior Court,
albeit - with a disclaimer warning the public that such publication was not a court
record and should not be relied upon, I recently noticed a listing of a purported
"Future Proceeding" in purported case of Samaan v Zernik (SC087400).
I therefore wrote to the Executive Officer/Clerk of the Court, John A Clarke, and
requested that:

a) In case he held that the case was and is a valid,effectual case of the LA Superior
Court - that he take actions to ensure that it was duly noticed, in a timely manner,
by a Deputy Clerk, pursuant to his authority as Clerk of the Court.

b) In case he held that the case was NOT and is NOT a valid, effectual case of the
LA Superior Court - that he take actions to ensure:

i. That false and misleading information be removed from the online
publication titled "Case Summaries".

ii. That no Deputy Clerk be present in such purported proceeding on
September 23, 2009.

iii. That no Deputy Clerk enter any additional minute orders in such
purported file.

Clerk John A Clarke failed to respond at all.

I therefore write herein again a request addressed to the purported parties listed
above, to the Court, and to John A Clarke, Clerk of the Court:

a) Request is that each and every one of the parties and the Clerk of the Court
respond with a statement on the record, in re: the matter at hand, indicating their
standing in it, with the foundation in the law.

and/or

b) Request is that each and every one of the parties and the Clerk of the Court
respond in a statement on the record, indicating whether they considered Samaan
v Zernik (SC087400) was and is a valid, effectual case of the Superior Court of
California for the County of Los Angeles, or whether they considered it was and is
NOT such a valid, effectual case.

and/or

c) That one of the parties listed as recipients of this note, who may consider the
purported case was and is a valid, effectual case of the Superior Court of
California for the County of Los Angeles, please notice the Future Proceeding, as
duly required by law.

Timely response requested no later than Thursday, September 17, 2009, 5:00 pm.

Dated: September 15, 2009 Joseph H Zernik


BY:__/s/_Joseph H Zernik__
JOSEPH H ZERNIK
Purported Defendant and Cross-
Complainant
in pro se

List of Addressees:

Mohammad Keshavarzi, Esq.
Sheppard, Mullin. Richter & Hampton LLP
333 South Hope Street, 48th Floor
Los Angeles, CA 90071-1448
Facsimile: 213.620.1398
E-Mail: MKeshavarzi@sheppardmullin.com
(by fax and by email)

Purported Counsel for Plaintiff, Nivie Samaan
John W. Amberg, Esq.
Jenna Moldawsky, Esq..
Bryan Cave LLP
120 Broadway, Suite 300
Santa Monica, CA 90401-2386
Telephone: (310) 576-2100
Facsimile: (310) 576-2200
E-Mail: jwamberg@BryanCave.com
E-Mail: jenna.moldawsky@bryancave.com
Purported Outside-Counsel for Non-Party Countrywide Home Loans, Inc,
and/or
Countrywide Financial Corporation
and/or
Bank of America Corporation
(by fax and by email)

Sanford Shatz, Esq.
Todd A. Boock., Esq,
Legal Department
Countrywide Home Loans, Inc,
and/or
Countrywide Financial Corporation
and/or
Bank of America Corporation
Telephone: (818) 871-6045
Facsimile: (818) 871-4669
E-Mail: Todd_Boock@Countrywide.Com
E-Mail: sandy_shatz@countrywide.com
Purported Counsel for Non-Party Countrywide Home Loans, Inc,
and/or
Countrywide Financial Corporation
and/or
Bank of America Corporation
􀁺 Page 2/4 September 15, 2009
(by fax and by email)

Sandor Samuels
Associate General Counsel
Bank of America Corporation
E-Mail: sandor_samuels@countrywide.com
As Associate Counsel of Bank of America Corporation
Also in his capacity as: Purported Person in Interest
(by email)

Pasternak Pasternak & Patton
Pasternak, Pasternak & Patton
1875 Century Park East, Suite 2200
Los Angeles, CA 90067
Telephone: 310 553 1500
Facsimile: 310 553 1540
E-Mail: djp@paslaw.com
Purported Receiver
(by fax and by email)

Michael Wachtell, Esq.
Buchalter Nemer
1000 Wilshire Boulevard, Suite 500
Los Angeles, California 90017-2457
Telephone: (213) 891-0700
Facsimile: 213.630.5760
E-Mail: mwachtell@buchalter.com
Purported Counsel for Mara Escrow
(by fax and by email)

Kathryn E. DiCarlo, Esq.
Cummings, McClorcy, Davis, Acho & Associates, P.c.
3801 University Avenuev, Suite 560
Riverside. CA 92501
Telephone: 951.276.4420
Facsimile: 951.276.4405
E-Mail: kdicarlo@cmda-law.com
Purported Attorney for ADR Services, Inc.
(by fax and by email)

Robert Shulkin, Esq.
Legal Department
Coldwell Banker Residential Brokerage
11611 San Vicente Blvd, 9th Floor
Los Angeles, California 90049
Telephone: 310 820 6888
Facsimile: 310 447 1902
E-Mail: robert.shulkin@camoves.com
Purported Counsel for Cross-Defendants
Michael Libow and Coldwell Banker Residential Brokerage
(by fax and by email)

John A Clarke
As an Individual
And also in his capacity as
Executive Officer/Clerk of the Court
Superior Court of California
For the County of Los Angeles
Stanley Mosk Courthouse
111 North Hill Street
Los Angeles, CA 90012-3014
Telephone: 213 974 5050
Facsimile: 213 621 7952
E-Mail: jclarke@lasuperiorcourt.org
Clerk of the Superior Court of California
For the County of Los Angeles
(by fax and by email)

Copy of the complete communication can be viewed at: