10-11-22 California Ethics Questions Presented to TIKKUN's Rabbi MICHAEL LERNER, in re: Karimi v Mithaiwala (BD518503) // Preguntas a un Rabino, re: La Corrupción de la Corte de Los Ángeles

    Rabbi Michael Lerner, Editor - Tikkun Magazine (to heal, repair, and transform the world)

Los Angeles, November 22 – Human Rights Alert (NGO) and Joseph Zernik, PhD, raised with Tikkun’s Rabbi Michael Lerner California ethics questions, this time pertaining to the case of Karimi v Mithaiwala (BD518503) at the Superior Court of California, County of Los Angeles:

1)       Given the recent United Nations Human Rights Council report, which referred to "corruption of the courts and the legal profession" in California, should attorneys in California include a statement to that effect in their standard engagement agreements?
After all, it surely is a material fact, which the average person may not be aware of, but should consider before retaining an attorney in California or ever going to court.

2)       What are the duties and responsibilities of counsel, when representing a client in a corrupt court proceeding?

Outlined in the request (with links to relevant court records) was an additional case that demonstrated the relevance of the two latter questions.  The case of Karimi v Mithaiwala (BD518503), ongoing today at the Superior Court of California, County of Los Angeles.

The goal in this case was the looting of a corporation under the guise of litigation.  The main perp in the case was again Attorney DAVID PASTERNAK - Board Member and former President of BET TZEDEK ("The House of Justice") - a prominent Los Angeles Jewish charity, affiliated with the GREATER LOS ANGELES JEWISH FEDERATION.  Mr PASTERNAK was acting in the case as a pretense "Receiver", with no lawful Appointment Order, and with no authority at all.

A group of judges were involved in the case, with no evidence of a lawful Assignment Order for any of them.  Some were believed to be Jewish as well.

All counsel in the case had to be deemed in collusion as well, including, but not limited to the notable Los Angeles Jewish law-firm of Trope & Trope, the law- firm of Levin & Margolin, and Attorney Edward Friedman (Turner Aubert & Friedman, LLP).  Motives of counsel were unknown in this case, but were believed to be greed and/or fear.

The request to Rabbi Lerner noted that the questions, had to be everyday dilemmas for attorneys in Los Angeles County, California, and beyond, many of them members of the Jewish community.  Protesting and rebuking corruption of the courts was central to the teachings of the Hebrew prophets, and part of what made them universally admired.  In pronouncing a clear and unambiguous stand on these issues Rabbi Lerner could indeed help transform California and the United States, as we know them today.

Rabbi Lerner previously responded on a related California ethics question, stating his opinion that Bet Tzedek and the Greater Los Angeles Jewish Federation had to respond on an individual’s request for information regarding grievance procedures, if any, for an individual, who claimed that he had been harmed by fraud by Bet Tzedek and its senior officers, on the grounds of Bet Tzedek.

Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system in the United States.

http://www.scribd.com/Human_Rights_Alert
http://inproperinla.com/
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LINKS:
[1] 10-08-13 RE Karimi v Mithaiwala (BD518503) Complaint against Attorney David Pasternak and the Superior Court of California, County of Los Angeles
http://www.scribd.com/doc/35828312/
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Complaint in re: Karimi v Mithaiwala (BD518503)
Executive Summary
Los Angles, August 13 complaint was filed with US Attorney Office, Central District of California, by Human Rights Alert (NGO) and Joseph Zernik, PhD, against Attorney David Pasternak, the Superior Court of California, and others for public corruption and  deprivation of rights and racketeering in receiverships operations at the Court in general, and in re case (BD518503) in particular.   
The complaint alleged that Attorney David Pasternak appeared in the case as receiver with no authority at all, as part of a pattern of  operating receiverships at the court with no legal foundation, and thereby looting persons coming to the Court, where they expect honest court services.
The complaint provided evidence of void, false on their faces, and deliberately misleading court orders appointing Mr Pasternak Receiver in the case:
a) An order appointing Attorney Pasternak was produced from the case, which failed to cite any section of the California code as the legal foundation for his authority;
b) The order came with a false and deliberately misleading authentication record, and
c) There was no evidence that the order was entered in the manner in which such orders are required to be entered pursuant to the California code to make them valid and effectual for any purpose.
Others named in the complaint were Commissioner James D Endman, Presiding Judge Charles McCoy, Clerk of the Court John A Clarke, Judge David Yaffe in charge of Writs and Receiverships, Court Counsel Frederick Bennett, Attorney Elyse P Margolin (Levin & Margolin), Attorney Burton M Senkfor (Law Office of Burton Mark Senkfor), Attorney John A Ellis (Trope & Trope), and Attorney
Edward Friedman (Turner Aubert & Friedman, LLP).
The complaint further claimed that conduct of receiverships of the Superior Court of California, County of Los Angeles, were a well- established racket.  Previous complaints against Mr Pasternak and others noted similar conduct by Attorney David Pasternak in Galdjie v Darwish (SC052737) and other cases as well, all alleged as Fraud by the Court through conduct of Attorney David Pasternak. Regarding conduct of Mr Pasternak, James Wedick, a highly decorated FBI veteran, and a renowned fraud expert, also issued an opinion stating: fraud being committed.
Fraud in operations of receiverships at the Superior Court of California, County of Los Angeles was claimed as part of a larger fraud scheme, where the Court published for several decades false and deliberately misleading Local Rules claiming that Judgment Books of the Court were maintained by the Clerk at the various Districts of the Court, while in fact no such Books were maintained by the Court for several decades.  Presiding Judge Charles McCoy and Clerk of the Court John A Clarke also refused to correct such false Local Rules, or disclose to true Local Rules of the Court regarding Judgment Books.  Court Counsel Frederick Bennett, alleged as a central figure in the racket, claimed with no authority at all that the Judgment Book of the Court today was the Microfilm Judgment Archive of the Court.  Review of a large volume of records in the Microfilm Archive indeed revealed routine entry of divorce decrees. 
However, hardly any judgments of the civil courts were found entered in the Archive, and not a single order appointing receiver was ever found in the Archive. 
David Pasternak is former President of the Los Angeles County Bar Association, former Member of the California Judicial Council, and former President of Bet Tzedek (The House of Justice) a prominent Los Angeles Jewish charity.  Therefore, the complaint alleged that his conduct reflected widespread corruption of the California courts and the legal profession.
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system in the United States.
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WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN THE UNITED STATES?
*  "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."
Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
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WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
*     "Innocent people remain in prison"
*     "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."
LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306/
*   "...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/29043589/
*   "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."    
Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
http://www.scribd.com/doc/274339
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WHAT DID THE UNITED NATIONS HUMAN RIGHTS COUNCIL STAFF REPORT SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
*   "...corruption of the courts and the legal profession and discrimination by law enforcement in California."
http://www.scribd.com/doc/38566837/
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