Thursday, October 4, 2007


It was the email exchange with attorneys for Countrywide John Amberg and Jenna Moldawsky!

That whole episode when they tried to issue a gag order against me was straight out of a communist courtroom.

* It was a special session of the court.
* I was the only case on the agenda, the place was empty.
* I never saw the judge, she was apparently back in her chambers.
* Countrywide complained that I am saying that they colluded in fraud with plaintiff. But on that day they were listed in court papers as plaintiff!
* There was a new clerk, whom I never saw before or after.
* We gave the papers to the clerk.
* The clerk came out maybe half an hour later, and recited without any paper the judge's decision, or what she claimed was the judge's decision.. .who knows...
* That decision in and of itself was a masterpiece of subversion of justice.


I went to Court this morning tense and somewhat depressed, with the disqualification declarations for Judge Goodman in my hand...

I got to court, and a positive surprise was waiting there for me - Judge Goodman recused himself yesterday, October 3, 2007! Judge Goodman's Minute Order of 10/3/07 stated:ג

"Upon review of the file...the Court determines.... Review of the accompanying supporting arguments reveals that defendant's Motion for Sanctions is predicated in large part upon matters which would require consideration of defendant's contentions [whether meritorious or not] concerning the alleged role of Countrywide in a real estate transaction which is alleged to be central to the claim in this case..."

"This Court may not make that inquiry as it has a longstanding close personal relationship with the General Counsel of Countrywide and a person aware of the facts might reasonably entertain a doubt that the Court would be able to be impartial. Code of Civil Procedure section 170.1(a)(6)(A)(iii). This Court must and does recuse itself."

I thank Judge Goodman for his courage and his integrity!


Once Judge Connor was disqualified, my case was
transferred (to be distinguished from re-assigned
in compliance with due process of the law) to
Judge Goodman, Dept H, West District.
I had a total of two short hearings (I estimate each
at about 15 min) with Judge Goodman, but the
overall impression was same or worse than with
Judge Connor. I wobbled for a week, and finally
this morning went to court to disqualify Judge
The opening page of the verified statement read:
"3) I am serving this filing for immediate
disqualification with saddened heart, out of respect
for the Judiciary, and out of concern for the
Preceding that it read:
" Judge Goodman: I hold and believe that after the
short time you acted as Presiding Judge in Samaan
v Zernik (without the appropriate documentation
of your authority, if any), it is clear that it would be
in the best interest of the furtherance of Justice, of
the dignity of the Judiciary, and of the respect of
the Law, that you would be recused or
What will happen in the next episode? Will there
be a cameo appearance by Sandor Samuels…
maybe not…


Date: Wed, 03 Oct 2007 11:08:25 -0700
To: "Amberg, John W." , "Moldawsky, Jenna L."

From: joseph zernik
Subject: TIME IS OF THE ESSENCE. RE: Samaan v Zernik
Att Moldawsky
Att Amberg

Ms Moldawsky and Mr Amberg:

Perhaps you misunderstood me, but I am not asking you to be further involved in this
matter. Instead I am asking that you help clarify conduct that might have been out of
compliance with the law, so that your past involvement in this matter will cease to aid in subversion of justice at present.
I urgently need the data requested below in order to allow me to clarify basic facts
regarding Judge Connor's conduct in this case.
Please provide such data no later than Friday, October 5, 2007, at 5:00pm.
I have no interest in any legal action or any filing of complaints with State Bar etc
against Bryan Cave LLP or individual lawyers who participated in this, if you
cooperate and provide the data listed below that is essential for the management of my court case.

Joseph Zernik
Defendant and Cross-Coplainant
in pro per!

At 09:16 PM 10/2/2007, you wrote:
Dr. Zernik,
We decline to get further involved in this matter. I am sorry, but I cannot help you.
John W. Amberg
-----Original Message-----
From: joseph zernik []
Sent: Tuesday, October 02, 2007 5:57 AM
To: Moldawsky, Jenna L.; Amberg, John W.
Subject: Samaan v Zernik

Oct 2, 2007

Att Moldawsky
Att Amberg

Ms Moldawsky and Mr Amberg:

On Sept 10, 2007, in pro per, I served Judge Connor with filing per CCP s 170.3. The
claims listed there amounted to wilful misconduct, subversion of justice, and fraud
and deceit. Much of it was about the treatment of Countrywide and Bryan Cave LLP
attorneys in court, in violation of due process of the law.

Connor took off for over an hour to her chanmbers, then announced that she was not
admitting any of my claims, but recusing herself on her own motion per CCP s 170.3(c)
(2). Given the nature of the claims, Connor's response was short of a reasonable effort by a judge to defend her integrity, when confronted with claims of venal, criminal corruption.
One of the problems left in the aftermath, is a corrupt court file. One of the claims was that Connor deliberately created a court file that would not disclose the scope of the involvement of Countrywide in this litigation. At times attorneys for Countrywide were listed iin Minute
Orders as attorneys for plaintiff, other times - as attorneys for defendant, but hardly if ever as attorneys for Countrywide. I am trying to fix that now... and I am writing to ask for your help, to make sure that the record is set right.
What do you consider to be the correct term for Countrywide in this litigation? Non-
Party? Intervenor? Other?

Please forward to me the following:
1) Listing of any and all names of attorneys who participated in this litigation on behalf of Countrywide
2) Listing of all filings entered by Countrywide in this litigation
3) Listing of any and all ex parte communications that led to the initial ex parte
appearance in court and allowed the unusual scheduling and listing of that appearance
4) Listing of any and all ex parte communications that may have been transmitted
later in litigation
5) Listing of any and all appearances in court with date and name of attorney

Joseph Zernik
Defendant and Cross-Coplainant
in pro per!