Dr Z
Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750;
Fax: 801 998-0917; Email: jz12345@earthlink.net
10-01-24 Samaan v Zernik (SC087400): Kindly request to Supervising Judge Gerald Rosenberg, to Deputy-Clerk Ruth Miklos, to Attorney David Pasternak, and others - to Cease and Desist Racketeering
Bryan Cave, LLP; Buchalter Nemer; John A Clarke – Clerk of the Superior Court of California, County of Los Angeles; Mara Escrow Company; Charles McCoy – Presiding Judge; Ruth Miklos – Deputy-Clerk; Brian Moynihan – President; Bank of America Corporation; David Pasternak, Gerald Rosenberg – Supervising Judge; Nivie Samaan; and Sheppard Mullin.
TO PARTIES LISTED ABOVE:
Please take notice of instant repeat request to cease and desist racketeering, pertaining to false and deliberately misleading January 21, 2010 purported Minutes by Judge Gerald Rosenberg and Deputy-Clerk Ruth Miklos, in collusion with David Pasternak and others, which upon review should be deemed fraud and forgery of a court record, and as part of a scheme of extortion. [1]
Samaan v Zernik (SC087400) was falsely claimed to be a case of the Superior Court of California, County of Los Angeles. The facts in the matter demonstrated that no such caption as Samaan v Zernik ever existed under the jurisdiction of the Superior Court of California, County of Los Angeles. Under such false caption, Attorney David Pasternak and the Superior Court of California, County of Los Angeles were opined by fraud expert, second to none, as conducting real estate fraud. [2] Countrywide Financial Corporation, and later Bank of America Corporation, were alleged as central to the racketeering at the Court in this matter. [3] [4]
Regarding alleged fraud and forgery in the January 21, 2010 purported Minutes, [1] please notice the following:
1) The January 21, 2010 purported Minutes were listed under caption Samaan v Zernik (SC087400), and the Superior Court of California, County of Los Angeles. The evidence demonstrated that such caption never existed as a case of the Superior Court of California, County of Los Angeles.
2) The January 21, 2010 purported Minutes listed Gerald Rosenberg, in his capacity as Judge, as presiding in such caption. None of the judges that purported to preside in such caption held an Assignment Order, neither does Judge Rosenberg. His conduct in this regard must be deemed non-judicial conduct, and therefore, not covered by any judicial immunity.
3) The January 21, 2010 purported Minutes were listed as a “Ruling” of the above named court “on Submitted Matter Regarding Receiver’s Request for Bonus.” However, there was nothing properly before Gerald Rosenberg, in his capacity as judge, to rule upon.
4) The January 21, 2010 purported Minutes designated David Pasternak as “Receiver” in Samaan v Zernik. Even had there been such valid caption as Samaan v Zernik, no Appointment Order for David Pasternak as “Receiver” had ever been entered by the Court. Therefore, David Pasternak could not possibly be designated as “Receiver”.
5) The January 21, 2010 purported Minutes stated that David Pasternak’s purported request for “Bonus” was “Denied.” The purported grounds for such Denial were:
The Receiver's (DAVJJD J. PASTERNAK) Request for Bonus Compensation is DENIED. There is no legal authority submitted for the award of said bonus.
Even had there been a valid caption such as Samaan v Zernik, and even had there been an Appointment Order entered for David Pasternak as Receiver, such ruling would have contradicted all previous court actions under the same purported caption: There had never been any legal authority submitted for any of Mr Pasternak’s actions under the false caption of Samaan v Zernik. Neither was there any legal authority for any of Gerald Rosenberg’s conduct under such false caption.
6) The January 21, 2010 purported Minutes ended with a purported: Clerk’s Certificate of Mailing/Notice of Entry of Order, which was signed by Ruth Miklos, on behalf of John A Clarke, Clerk of the Court. Upon comparison of such paper to a collection of Minutes of the Court, [5] the format of the signature box and the service list clearly showed that the January 21, 2010 purported Minutes were never adequately issued in Sustain, the case management system (CMS) of the court. Instead, the signature box and the service list were typed in the word processing capacity of the CMS. In fact, the paper should be deemed a forgery, generated through false use of Sustain.
7) The purported January 21, 2010 purported Minutes ended with an invalid, false and deliberately misleading Service List:
-DAVID J. PASTERNAK
Receiver
1875 Century Park East, Suite 2200 Los Angeles, California 90067-2523
-MOE KESHAVARZI, ESQ, Attorney at Law
SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP
333 South Hope Street, 48th. Floor Los Angeles, California 90071-1448
-BRYAN CAVE LLP Attorneys at law
120 Broadway, Suite 300 Santa Monica, California 90401-2386
-JOSEPH ZERNIK Defendant, in Pro-Per Status [sic –jz]
P.O. Box 526 La Verne, California 91750
-MICHAEL WACHTELL, ESQ Attorney at Law
BAUCHALTER & NEMER
1000 Wilshire Boulevard, Suite 1500 Los Angeles, California 90017·-2457
California Rules of Court required that each and every party be listed with its designation in the Service List. The purported counsel listed above should have been listed with their purported clients and purported party designations, as such:
-BRYAN CAVE LLP Attorneys at law
120 Broadway, Suite 300 Santa Monica, California 90401-2386
Appeared, and purported to be Counsel of Record for:
Bank of America Corporation, Non Party, Real Party in Interest, Defendant, Plaintiff, Cross Defendant - interchangeably – all with no legal foundation at all.
Bank of America Corporation, Non Party, Real Party in Interest, Defendant, Plaintiff, Cross Defendant - interchangeably – all with no legal foundation at all.
-JOSEPH ZERNIK Defendant, in pro per
P.O. Box 526 La Verne, California 91750
-MICHAEL WACHTELL, ESQ Attorney at Law
BAUCHALTER & NEMER
1000 Wilshire Boulevard, Suite 1500 Los Angeles, California 90017·-2457
Appeared and purported to be Counsel of Record for:
Mara Escrow Company, subsidiary of Old Republic International – with no party designation at all.
-MOHAMMAD KESHAVARZI, ESQ, Attorney at Law
SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP
333 South Hope Street, 48th. Floor Los Angeles, California 90071-1448
Appeared for Nivie Samaan purported Plaintiff.
The January 21, 2010 purported Minutes are a repeat with variation of the December 8, 2009 purported Reassignment Order to Judge Richard Stone. [6] The December 20, 2009 Notice to Cease and Desist Racketeering, which was consequently issued, [7] appeared to have been ignored by the Hon Rosenberg, albeit, the false case of Samaan v Zernik was never moved to Judge Richard Stone, either.
In short:
The January 21, 2010 purported Minutes upon review should be deemed as forgery, and as additional evidence of various predicated acts pursuant to RICO, and in addition - as deprivation of rights under the color of law, and as deprivation of implied guarantee for honest services.
The January 21, 2010 purported Minutes also demonstrated the ongoing fraud in operation of Sustain, the case management system (CMS) of the LA Superior Court, and the need to subject all CMSs of the courts to publicly accountable validation (certified functional logic verification)..
Dated: January 24, 2010.
Truly,
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Joseph Zernik
Los Angeles County, California
http://www.scribd.com/Free_the_Rampart_FIPs
http://inproperinla.blogspot.com/
Patriotic pics of Sharon Stone, Beyonce’ Knowles, and Charlize Theron,
Coming soon- deep house music!
http://www.scribd.com/Free_the_Rampart_FIPs
http://inproperinla.blogspot.com/
Patriotic pics of Sharon Stone, Beyonce’ Knowles, and Charlize Theron,
Coming soon- deep house music!
CC1:
1) John A Clarke – Clerk of the Superior Court of California, County of Los Angeles
By fax and by letter USPS First Class mail
2) Bryan Cave, LLP
By email
3) Buchalter Nemer
By email
4) Jon Leibowitz, Chair, Office of Federal Trade Commission
By Email
5) Mara Escrow Company
By fax and by letter USPS First Class mail
6) Ruth Miklos - Deputy-Clerk
By fax and by letter USPS First Class mail
7) Charles McCoy – Presiding Judge,
By fax and by letter USPS First Class mail
8) Brian Moynihan – President, Bank of America Corporation,
By email
9) David Pasternak,
By email
10) Gerald Rosenberg – Supervising Judge,
By fax
11) Nivie Samaan
By email
12) Sheppard Mullin
By email
CC2:
1) FBI Los Angeles – as a request to investigate overwhelming evidence of racketeering at the Los Angeles Superior Court.
2) Robert Mueller, III, Director, FBI - as a request to investigate overwhelming evidence of racketeering at the Los Angeles Superior Court.
3) Glen A Fine – US Dept of Justice – Inspector General – in re: Complaint against Kenneth Kaiser and Kenneth Melson.
4) Mary Schapiro – SEC Chair – in re: Complaint against Bank of America Corporation.
5) David Kotz – SEC - Inspector General – in re: Complaint re: SEC’s refusal to investigate Bank of America Corporation.
6) Kevin Bailey – Deputy Comptroller of the Currency – in re: Complaint against Bank of America Corporation.
7) Eric Thorson – Dept of the Treasury – Inspector General – in re: Refusal of Thrift Supervision and Federal Trade Commission to investigate Countrywide.
8) Basel Accord Committee – in re: US government failure to conduct banking supervision as a good faith party to the Basel Accords.
9) Central Banks, Analysis Departments – slim prospects for early emergence of the US from current depression, absent measures to safeguard government integrity.
Linked Records:
[1] January 21, 2010 – purported Minutes by Judge Gerald Rosenberg in Samaan v Zernik (SC087400), alleged as fraud and forgery:
[2] December 17, 2007 Grant Deed by David Pasternak – Opinion letter of fraud expert James Wedick regarding “fraud being committed” by David Pasternak.
[3] Six Key Records, which were all filed or produced by Bank of America and/or Countrywide in Samaan v Zernik, and were all alleged as fraud, were the subject of complaints pursuant to Sarbanes Oxley Act (2002), filed with Bank of America Audit Committee with a request to either authenticate or repudiate the records:
[4] Bank of America and/or Countrywide’s records in Samaan v Zernik that were opined as fraud by fraud expert:
b.
[5] Collection of Minute Orders by the Los Angeles Superior Court, none of them is claimed to be an honest valid and effectual, yet they demonstrate the alleged forgery in the January 21, 2010 purported Minutes.
http://inproperinla.com/00-00-00-la-sup-ct-minute-orders-electronic-case-file-08-11-14-full-certif-s.pdf
[6] December 8, 2009 purported Reassignment Order to Judge Richard Stone:
[7] A notice to cease and desist racketeering, separately issued for the fraudulent December 8, 2009 Reassignment Order.
The Usual:
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IN SHORT - KOZINSKI MUST RESIGN!
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"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.
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