Wednesday, May 4, 2011

11-05-04 Lomas v Bank of America - Fraud and Extortion continue in the California Court of Appeal, 2nd District // La corrupción en los tribunales de California // 腐败在加州法院

The case in the Los Angeles Superior Court, where proceedings were secretly noted as "off of the record", was opined as Fraud and Extortion by Bank of America in collusion with Judge Peter Meeka and Clerk John A Clarke. The California Court of Appeal, 2nd District, appears ready, willing, and able to follow suit in conducting a pretense appeal.


                                        
Los Angeles, May 5 - In Lomas v Bank of America (KC059379), in the Los Angeles Superior Court, Plaintiff Susan Lomas tried to protect her rights against alleged fraud by Bank of America and others in foreclosure procedures. 

Fraud and extortion in the Los Angeles Superior Court
The litigation was previously opined by Joseph Zernik, PhD, of Human Rights Alert (NGO) as Fraud on the Court through collusion of BANK OF AMERICA CORPORATION, California Judge PETER J MEEKA, and Clerk of the Court JOHN A CLARKE, aimed to dispossess Lomas, while denying her due process and access to an honest court: [[i]] 

  • Judge Meeka secretly noted the proceedings in the case as "off of the record".
  • Plaintiff Lomas was and is denied access to the Register of Actions (California civil docket) in her own case.
  • The minutes in the case were neither certified by the Clerk of the Court, nor served on the parties.
  • The Court falsely listed Disqualification for a Cause of Judge Meeka as "Peremptory".
False records in the California Court of Appeal, 2nd District
Now, Plaintiff Susan Lomas commenced an appeal, and the California Court of Appeal, 2nd District, opened a docket, which shows that the California Court of Appeal, 2nd District, is ready, willing, able to follow suit: [[ii]]
  • Under "Parties and Attorney" Mark V Asdourian is listed as Attorney for Bank of America, although he, Bank of America, and its President Brian Moynihan refuse to state that Asdourian is Attorney of Record for Bank of America in this case.
  • Under "Trial Court", "Judgment Date" is listed as April 14, 2011, although there is no record to document that a judgment or any appealable order was ever entered in this case, in the manner required by the California Code of Civil Procedure.  The online records fail to list any "Date of Entry of Judgment".
The California Court of Appeals provides the "infrastructure" for fraud in the Superior Court
The conduct of pretense appeals as part of real estate fraud by the California courts is nothing new.  The case of Galdjie v Darwish is that textbook case in this matter.  The California Court of Appeal, 2nd District, conducted three appeals in the case, from no judgment at all. [[iii]]

"The California Court of Appeals, 2nd District, should be considered as providing the infrastructure for real estate and financial institution fraud in the Los Angeles Superior Court," says Dr Zernik:
  • Over the past two decades, the California Court of Appeals, 2nd District, through a series of decisions, deliberately ambiguated the Entry of Judgment and Notice of Entry of Judgment - fundamental Due Process procedures.  The issuance of void, not voidable judgments, which are never entered, is key to the fraud in the courts.
  • In Galdjie v Darwish the California Court of Appeals, 2nd District, went one step further, and purported to establish as lawful "oral modifications" of real estate contracts.
Dr Zernik claims that the courts are responsible for propelling Los Angeles County to the distinction of "Fraud Capital, USA".  Report, which he filed with the United Nations in 2010, and recorded a series of cases of real estate fraud by the courts, was incorporated into the official Staff Report of the Human Rights Council of the UN, with a note regarding "corruption of the courts and the legal profession" in California. [[iv]]

Judges of US and California courts of appeal fail to fight judicial corruption"The notion of taking an appeal from a case of fraud on the court is ludicrous" says Joseph Zernik, PhD, of Human Rights Alert (NGO).  Dr Zernik considered the conduct of Lomas v Bank of America as criminality through collusion of California Judge Peter Meeka, Clerk John A Clarke, Bank of America, and others.  Accordingly he filed a criminal complaint with FBI and the US Attorney Office in Los Angeles, alleging public corruption and racketeering in the courts.

"The first Unwritten Rule of Court," according to Dr Zernik, is "An honest judgment may at times be overturned in appeal, a corrupt one - Never!" The reason is simple, the corrupt judgments are never entered, and the courts of appeal have no jurisdiction in such judgments to begin with.

The conduct of pretense appeals from pretense judgments, which were never entered, is not unique to the California courts either.  The US courts routinely engage in the same practice as well: [[v]]
  • In Fine v Sheriff , the Habeas Corpus petition, the US Court of Appeals, 9th Circuit, engaged in pretense appeal from an uncertified, unentered judgment of the US District Court, Central District of California.
  • In Log Cabin Republicans v USA et al, pertaining to the disputed Don't Ask Don't Tell policy, the US Court of Appeals, 9th Circuit, is engaged today in the conduct of a pretense appeal from an uncertified, unentered judgment of the US District Court, Central District of California.
Pursuant to the California Code of Judicial Ethics and the Code of Conduct of US Judges, appellate judges should initiate corrective actions in such cases, and inform the authorities.  However, judges consider such codes as "aspirational" only. 

In view of the widespread corruption of the justice system Phil Stimac of California has recently proposed a National Mandamus Project.  Stimac propose asking members of the United States Supreme Court through writs of mandate to compel Circuit Court Chief Judges and court personnel to investigate, act on, and disseminate information about judicial misconduct.  Stimac claims that the judges and clerks have a prescribed duty in this regard, based on their Oaths of Office. [[vi]]
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LINKS:
[i] 11-03-20 PRESS RELEASE Lomas v Bank of America (KC059379) Bank of America Continues Racketeering in the Los Angeles Superior Court
http://www.scribd.com/doc/51160102/ 
11-04-07 Press Release: Lomas v BofA (KC059379) � Judge Meeka is Requested to Restore Due Process, Declare Any Benefits from BofA
http://www.scribd.com/doc/52494342/
11-04-08 PRESS RELEASE: Complaint filed against California Judge Peter Meeka, Clerk of the Court John A Clarke, Bank of America and its President Brian Moynihan, and Attorney Mark Asdourian � for Public Corruption and Racketeering
http://www.scribd.com/doc/52602364/
11-04-08 US Attorney Office and FBI Complaint against California Judge Peter Meeka, Clerk John Clarke, BofA and its President Brian Moynihan - Public Corruption and Racketeering in Lomas V Bank of America (KC059379)
http://www.scribd.com/doc/52601871/
11-04-07 PRESS RELEASE: Bet Tzedek � �The House of Justice� � President Sandor Samuels is asked to help in stopping fraud by Bank of America against a homeowner in the Los Angeles Superior Court
http://www.scribd.com/doc/52525314/
11-04-12 PRESS RELEASE: Bribing of State and US Judges by Bank of America Must be a Serious Concern!
http://www.scribd.com/doc/52846502/
11-04-13 PRESS RELEASE: Lomas v BofA - BofA, Brian Moynihan Are Asked to Name Their Attorney of Record in the Los Angeles Superior Court
http://www.scribd.com/doc/52921960/
11-04-14 PRESS RELEASE: Harvard Law Professor Yochai Benkler has been asked to review the evidence of large-scale computer fraud in the courts
http://www.scribd.com/doc/52993968/
11-04-15 PRESS RELEASE: Lomas v Bank of America (KC059379) - Lomas files for disqualification of Judge Meeka, calls �quits� to charades in the Los Angeles Superior Court
http://www.scribd.com/doc/53071727/
[ii] 11-05-04 Lomas v Bank of America (B232086) Fraud and Extortion by Judge Peter Meeka and Bank of America in the Los Angeles Superior Court continue in the California Court of Appeal, 2nd District
http://www.scribd.com/doc/54612704/
[iii] 10-07-22 Galdjie v Darwish (SC052737)  - Complaint for Public Corruption against Justices and the Clerk of the California Court of Appeal, 2nd District, RE: Conduct of three pretense appeals � alleged real estate fraud and racketeering by the Courts. 
http://www.scribd.com/doc/34725529/ 
[iv] 10-04-19 Human Rights Alert (NG0) submission to the  United Nations Human Rights Council  for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report, with reference to "corruption of the courts and the legal profession".
http://www.scribd.com/doc/38566837/
[v] Records of both Fine v Sheriff and Log Cabin Republicans are provided in the link below:
11-02-09 PRESS RELEASE: �Don�t Ask, Don�t Tell� � the US Court of Appeals, 9th Circuit Insists on Conducting a Pretense Appeal from a Pretense Judgment of the US District Court
http://www.scribd.com/doc/49070315/
[vi] Stimac to Launch National Mandamus Project
http://theeliteones.wordpress.com/2011/04/28/stimac-to-launch-national-mandamus-project/ 

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