One of my major difficulties in pro per, with no legal education and no perspective, was to develop an objective situation analysis methodology. You run the risk of overreacting to minor infractions, on the one hand, or falling into the habit of mimicking the response pattern and conduct of real attorneys, which is the last thing you want to do... they have a very different set of parameters to consider than a guy in pro per.
Naturally, my approach tends to be quantitative/statistical (I would like to believe - guided by the Brandeis Brief).
Therefore, I would be grateful to anybody with experience with California courts or comparable, who would provide an estimate:
What are the Odds?
An unlimited civil case, in court for 2 years, and going through its fifth judge by now...
<123456xyz@gmail.com>
Friday, October 5, 2007
COUNTRYWIDE AND THE RACTICE OF THE LAW
BEYOND FINANCIAL- COUNTRYWIDE AND THE COURT IN LA -- THE PRACTICE OF THE LAW
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The posting below appears benign to me. But for some reason it was one of the most irritating to some readers.
Immediate responses included:
Does this person need a hotline number to call or something? Someone call someone and get him some help.
twoodrow88
He should be jailed for contempt.
shorts_true...
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At some level I believe that Enron was about the Practice of Accouting and Audit. Sure, Sarbanes-Oxley did not mince words on the attorneys, and it did make some significant changes in the law regarding the duties and responsibilities of corporate attorneys (albeit the necessary SEC regulations were blocked from ever seeing the day of light).
Yet Accounting and Audit were at center stage, and CFO Fastow -the main character. James Derrick, the General Counsel, was a support role at best, barely got any lines...
When everything is said and done, I believe that Countrywide will be about the Practice of the Law. Accordingly - Sandor Samuels will be in the main character role, not Angelo Mozilo. The Practice of the Law may include:
- Litigation and the Courts
- Handling of Regulatory Agencies
And the key concept to be analyzed would be "Streamlining".
------------------------------------------------------------------
The posting below appears benign to me. But for some reason it was one of the most irritating to some readers.
Immediate responses included:
Does this person need a hotline number to call or something? Someone call someone and get him some help.
twoodrow88
He should be jailed for contempt.
shorts_true...
------------------------------------------------------------------
At some level I believe that Enron was about the Practice of Accouting and Audit. Sure, Sarbanes-Oxley did not mince words on the attorneys, and it did make some significant changes in the law regarding the duties and responsibilities of corporate attorneys (albeit the necessary SEC regulations were blocked from ever seeing the day of light).
Yet Accounting and Audit were at center stage, and CFO Fastow -the main character. James Derrick, the General Counsel, was a support role at best, barely got any lines...
When everything is said and done, I believe that Countrywide will be about the Practice of the Law. Accordingly - Sandor Samuels will be in the main character role, not Angelo Mozilo. The Practice of the Law may include:
- Litigation and the Courts
- Handling of Regulatory Agencies
And the key concept to be analyzed would be "Streamlining".
IN PRO PER IN LA
One of my major difficulties in pro per, with no legal education and no perspective, was to develop an objective situation analysis methodology. You run the risk of overreacting to minor infractions, on the one hand, or falling into the habit of mimicking the response pattern and conduct of real attorneys, which is the last thing you want to do... they have a very different set of parameters to consider than a guy in pro per.
Naturally, my approach tends to be quantitative/statistical (I would like to believe - guided by the Brandeis Brief).
Therefore, I would be grateful to anybody with experience with California courts or comparable, who would provide an estimate:
WHAT ARE THE ODDS - an unlimited civil case, in court for 2 years, going through its fifth judge by now?
<123456xyz@gmail.com>
Naturally, my approach tends to be quantitative/statistical (I would like to believe - guided by the Brandeis Brief).
Therefore, I would be grateful to anybody with experience with California courts or comparable, who would provide an estimate:
WHAT ARE THE ODDS - an unlimited civil case, in court for 2 years, going through its fifth judge by now?
<123456xyz@gmail.com>
BEYOND FINANCIAL- COUNTRYWIDE AND THE COURT IN LA
BEYOND FINANCIAL- COUNTRYWIDE AND THE COURT IN LA
Below is a declaration (verified statement)that I filed today with the Supervising Judge of LA Superior Court, West District - Hon Judge Gerald Rosenberg, RE: Samaan v Zernik, SC087400:
----------------------------------------------------- ---
RE-ASSIGNMENTS
2. I was told by phone today that my case was transferred again. The following have been so far judges who held this case:
a. Judge Richard Neidorf - Recused per CCP section 170.6
b. Judge Jacqueline Connor -Disqualified per CCP section 170.3
c. Judge Allan J Goodman - Recused per CCP section 170.1
d. Judge Joseph Biderman - Recused per CCP Section ?
e. Judge John L Segal ? Newly assigned?
3. The transfer from Judge Neidorf to Judge Connor was fully documented by a Minute Order of the Supervising Judge duly authorized by law. Accordingly, in the space on the face page of filings, I noted: ?Assigned for all practical purposes to the Honorable Judge Jacqueline A Connor.?
4. Similarly, I noticed that Judge Connor listed under her name, in the upper left corner of each and every Minute Order, the name of Judge Neidorf, ?recused per CCP ?170.6?.
5. For the transfer from Judge Connor to Judge Goodman I could not find documentation by a Minute Order of the Supervising Judge, duly authorized by law to order such re-assignments. Therefore, I appealed Judge Goodman twice, in ex parte filings, to establish his authority as required by law. Absent such authority one cannot even consider Due Process Rights in the court.
6. Judge Goodman ignored my appeals. After that, accordingly, in the space on the face page of filings, I noted: ?Assigned by hearsay?.
7. Similarly, I noticed that Judge Goodman did not list under his name in Minute Orders, in the upper left corner of each and every Minute Order, the name of Judge Connor with CCP ?170.3, while he continued listing Judge Neidorf with CCP?170.6, as was done by Judge Connor before him.
8. Similarly, for the transfer from Judge Goodman to Judge Biderman I could not find documentation by a Minute Order of the Supervising Judge, duly authorized by law to order such re-assignments. Therefore, I appealed Judge Goodman in a verified statement, to establish his authority as required by law.
9. A reasonable person reviewing this case as a whole, may reasonably entertain the doubt, or even reasonably conclude, that there was a desire and an intent to avoid any documentation of the disqualification of Judge Connor per CCP ?170.3.
10. But that was done at the cost of undermining the authority of other judges presiding over the case!
11. I humbly request that Supervising Judge, the Honorable Gerald Rosenberg, duly authorized by law to make such re-assignments, issue a Minute Order to re-assign the case, if indeed Judge Biderman has recused himself.
12. I also request that the Minute Order spell out that the names and CCP sections by which previous judges were recused from this case be explicitly listed on Minute Orders from this day on.
ACCESS TO COURT FILE INFORMATION IN SUSTAIN
13. I have requested in previous complaints access to my court file information in Sustain, the court?s case management system. You responded that information in Sustain is privileged and allowed to court staff only.
14. With all due respect I beg to differ!
15. I hold that my Due Process Rights per the 14th Amendment forbid you from keeping any confidential court file about me. Such cannot be done in a court established under the Constitution of the United States.
16. You also held a short hearing last month, where you ordered me not to ask for it again. But you denied my request for a written order to that effect.
17. I again ask for access to Sustain data, or alternatively for a written order or ruling denying me such access, so that I may go in pro per for a writ of mandate.
18. Time is of the essence! I need the data in order to competently represent my case.
Below is a declaration (verified statement)that I filed today with the Supervising Judge of LA Superior Court, West District - Hon Judge Gerald Rosenberg, RE: Samaan v Zernik, SC087400:
----------------------------------------------------- ---
RE-ASSIGNMENTS
2. I was told by phone today that my case was transferred again. The following have been so far judges who held this case:
a. Judge Richard Neidorf - Recused per CCP section 170.6
b. Judge Jacqueline Connor -Disqualified per CCP section 170.3
c. Judge Allan J Goodman - Recused per CCP section 170.1
d. Judge Joseph Biderman - Recused per CCP Section ?
e. Judge John L Segal ? Newly assigned?
3. The transfer from Judge Neidorf to Judge Connor was fully documented by a Minute Order of the Supervising Judge duly authorized by law. Accordingly, in the space on the face page of filings, I noted: ?Assigned for all practical purposes to the Honorable Judge Jacqueline A Connor.?
4. Similarly, I noticed that Judge Connor listed under her name, in the upper left corner of each and every Minute Order, the name of Judge Neidorf, ?recused per CCP ?170.6?.
5. For the transfer from Judge Connor to Judge Goodman I could not find documentation by a Minute Order of the Supervising Judge, duly authorized by law to order such re-assignments. Therefore, I appealed Judge Goodman twice, in ex parte filings, to establish his authority as required by law. Absent such authority one cannot even consider Due Process Rights in the court.
6. Judge Goodman ignored my appeals. After that, accordingly, in the space on the face page of filings, I noted: ?Assigned by hearsay?.
7. Similarly, I noticed that Judge Goodman did not list under his name in Minute Orders, in the upper left corner of each and every Minute Order, the name of Judge Connor with CCP ?170.3, while he continued listing Judge Neidorf with CCP?170.6, as was done by Judge Connor before him.
8. Similarly, for the transfer from Judge Goodman to Judge Biderman I could not find documentation by a Minute Order of the Supervising Judge, duly authorized by law to order such re-assignments. Therefore, I appealed Judge Goodman in a verified statement, to establish his authority as required by law.
9. A reasonable person reviewing this case as a whole, may reasonably entertain the doubt, or even reasonably conclude, that there was a desire and an intent to avoid any documentation of the disqualification of Judge Connor per CCP ?170.3.
10. But that was done at the cost of undermining the authority of other judges presiding over the case!
11. I humbly request that Supervising Judge, the Honorable Gerald Rosenberg, duly authorized by law to make such re-assignments, issue a Minute Order to re-assign the case, if indeed Judge Biderman has recused himself.
12. I also request that the Minute Order spell out that the names and CCP sections by which previous judges were recused from this case be explicitly listed on Minute Orders from this day on.
ACCESS TO COURT FILE INFORMATION IN SUSTAIN
13. I have requested in previous complaints access to my court file information in Sustain, the court?s case management system. You responded that information in Sustain is privileged and allowed to court staff only.
14. With all due respect I beg to differ!
15. I hold that my Due Process Rights per the 14th Amendment forbid you from keeping any confidential court file about me. Such cannot be done in a court established under the Constitution of the United States.
16. You also held a short hearing last month, where you ordered me not to ask for it again. But you denied my request for a written order to that effect.
17. I again ask for access to Sustain data, or alternatively for a written order or ruling denying me such access, so that I may go in pro per for a writ of mandate.
18. Time is of the essence! I need the data in order to competently represent my case.
FRESH OFF THE PHONE - ANOTHER RECUSAL ? SECOND IN 48 HOURS...
BEYOND FINANCIAL: COUNTRYWIDE AND THE COURTS IN LOS ANGELES (Not rated)
17 minutes ago October 5, 2007
SAMAAN V ZERNIK SC087400
LA SUPERIOR COURT, WEST DISTRICT
--------------------------------
Just got notice by phone that one more judge recused himself, and the case is transferred yet once again.
No paper confirmation yet.
So far recused/disqualified on this case:
Judge Richard Neidorf - Recused per CCP section 170.6
Judge Jacqueline Connor -Disqualified per CCP section 170.3
Judge Allan J Goodman - Recused per CCP section 170.1
Judge Joseph Biderman - Recused per CCP Section ?
Assigned - Judge John L Segal
jz
BTW: the text above was copied from a note I posted on Yahoo Financial Message Board. However, one of the reasons I blog is that my messages seem to be handled a bit "special". This one, like several others, by now disappeared. Sometimes they come back later, sometimes they come back later improved....
17 minutes ago October 5, 2007
SAMAAN V ZERNIK SC087400
LA SUPERIOR COURT, WEST DISTRICT
--------------------------------
Just got notice by phone that one more judge recused himself, and the case is transferred yet once again.
No paper confirmation yet.
So far recused/disqualified on this case:
Judge Richard Neidorf - Recused per CCP section 170.6
Judge Jacqueline Connor -Disqualified per CCP section 170.3
Judge Allan J Goodman - Recused per CCP section 170.1
Judge Joseph Biderman - Recused per CCP Section ?
Assigned - Judge John L Segal
jz
BTW: the text above was copied from a note I posted on Yahoo Financial Message Board. However, one of the reasons I blog is that my messages seem to be handled a bit "special". This one, like several others, by now disappeared. Sometimes they come back later, sometimes they come back later improved....
FROM YAHOO FINANCIAL
BEYOND FINANCIAL RECKLESSNESS- CORRUPTION OF THE COURT? and a positive surprise
(5-Oct-07)
I am not an employee of CFC or any of its subsidiaries and affiliates, and I have never been one either.
But sometimes I feel that had I been hired today by Countrywide for Phase I data entry, I could probably do a pretty good job witout much training... while in December 2006 (10-11 months ago!), I did not even know what the name Countrywides stood for, what are Regulation B, pipeline report,Internal Audit Committee,secondary and tertiary mortgage markets. sub-prime, wholesale branch, underwriting, real estate code...
Otherwise, here are some conclusions I draw from this yet unfinished affair:
1) Don't know much about the history of Countrywide's rapid growth as a corporation, but I must assume that the development of an extremely high capactiy, real time, integrated, computerized underwriting system had at least something to do with it. The way that the system was operated in recent years may also be part of the problem.
2) California was the primary victim of Enron energy manipulations, and the affair can be summed as the fraudulent transfer of substantial wealth from California to texas. But that did not happen by chance - California prepared itself to be the victim by design, through corrupt deregulation. Today, the FBI reports that california is the epicenter of a growing epidemic of real estate and mortgage fraud. That too is no coincidence. It appears that the system in LA today is such that real estate and other types of white collar crime are tolerated by law enforcement (it is just a business dispute), hardly considered a valid argument by real estate lawyers (this is a civil court, it sounds bad to talk about fraud, it's too extreme), and hardly accepted by judges in court (it's a red herring).
3) California real estate code reads like a nice piece of legistlative work. But in reality it is not workable today.
4) Some say that the japanese econony pays annually in reduced growth the price of lack of leadership to move its economy out of the use of the traditional carved seals in banking and other business transactions.
Similarly, it may be found, that the american economy is paying and will pay annually in reduced growth the price of lack of leadership and initiative to move the economy, the business community, and the public at large into the age of digital signatures, through a long term, measured, education-based plan at the national level.
(5-Oct-07)
I am not an employee of CFC or any of its subsidiaries and affiliates, and I have never been one either.
But sometimes I feel that had I been hired today by Countrywide for Phase I data entry, I could probably do a pretty good job witout much training... while in December 2006 (10-11 months ago!), I did not even know what the name Countrywides stood for, what are Regulation B, pipeline report,Internal Audit Committee,secondary and tertiary mortgage markets. sub-prime, wholesale branch, underwriting, real estate code...
Otherwise, here are some conclusions I draw from this yet unfinished affair:
1) Don't know much about the history of Countrywide's rapid growth as a corporation, but I must assume that the development of an extremely high capactiy, real time, integrated, computerized underwriting system had at least something to do with it. The way that the system was operated in recent years may also be part of the problem.
2) California was the primary victim of Enron energy manipulations, and the affair can be summed as the fraudulent transfer of substantial wealth from California to texas. But that did not happen by chance - California prepared itself to be the victim by design, through corrupt deregulation. Today, the FBI reports that california is the epicenter of a growing epidemic of real estate and mortgage fraud. That too is no coincidence. It appears that the system in LA today is such that real estate and other types of white collar crime are tolerated by law enforcement (it is just a business dispute), hardly considered a valid argument by real estate lawyers (this is a civil court, it sounds bad to talk about fraud, it's too extreme), and hardly accepted by judges in court (it's a red herring).
3) California real estate code reads like a nice piece of legistlative work. But in reality it is not workable today.
4) Some say that the japanese econony pays annually in reduced growth the price of lack of leadership to move its economy out of the use of the traditional carved seals in banking and other business transactions.
Similarly, it may be found, that the american economy is paying and will pay annually in reduced growth the price of lack of leadership and initiative to move the economy, the business community, and the public at large into the age of digital signatures, through a long term, measured, education-based plan at the national level.
FROM YAHOO FINANCIAL
BEYOND FINANCIAL RECKLESSNESS- CORRUPTION OF THE COURT? and a positive surprise
(5-Oct-07)
I am not an employee of CFC or any of its subsidiaries and affiliates, and I have never been one either.
But sometimes I feel that had I been hired today by Countrywide for Phase I data entry, I could probably do a pretty good job witout much training... while in December 2006 (10-11 months ago!), I did not even know what the name Countrywides stood for, what are Regulation B, pipeline report,Internal Audit Committee,secondary and tertiary mortgage markets. sub-prime, wholesale branch, underwriting, real estate code...
Otherwise, here are some conclusions I draw from this yet unfinished affair:
1) Don't know much about the history of Countrywide's rapid growth as a corporation, but I must assume that the development of an extremely high capactiy, real time, integrated, computerized underwriting system had at least something to do with it. The way that the system was operated in recent years may also be part of the problem.
2) California was the primary victim of Enron energy manipulations, and the affair can be summed as the fraudulent transfer of substantial wealth from California to texas. But that did not happen by chance - California prepared itself to be the victim by design, through corrupt deregulation. Today, the FBI reports that california is the epicenter of a growing epidemic of real estate and mortgage fraud. That too is no coincidence. It appears that the system in LA today is such that real estate and other types of white collar crime are tolerated by law enforcement (it is just a business dispute), hardly considered a valid argument by real estate lawyers (this is a civil court, it sounds bad to talk about fraud, it's too extreme), and hardly accepted by judges in court (it's a red herring).
3) California real estate code reads like a nice piece of legistlative work. But in reality it is not workable today.
4) Some say that the japanese econony pays annually in reduced growth the price of lack of leadership to move its economy out of the use of the traditional carved seals in banking and other business transactions.
Similarly, it may be found, that the american economy is paying and will pay annually in reduced growth the price of lack of leadership and initiative to move the economy, the business community, and the public at large into the age of digital signatures, through a long term, measured, education-based plan at the national level.
(5-Oct-07)
I am not an employee of CFC or any of its subsidiaries and affiliates, and I have never been one either.
But sometimes I feel that had I been hired today by Countrywide for Phase I data entry, I could probably do a pretty good job witout much training... while in December 2006 (10-11 months ago!), I did not even know what the name Countrywides stood for, what are Regulation B, pipeline report,Internal Audit Committee,secondary and tertiary mortgage markets. sub-prime, wholesale branch, underwriting, real estate code...
Otherwise, here are some conclusions I draw from this yet unfinished affair:
1) Don't know much about the history of Countrywide's rapid growth as a corporation, but I must assume that the development of an extremely high capactiy, real time, integrated, computerized underwriting system had at least something to do with it. The way that the system was operated in recent years may also be part of the problem.
2) California was the primary victim of Enron energy manipulations, and the affair can be summed as the fraudulent transfer of substantial wealth from California to texas. But that did not happen by chance - California prepared itself to be the victim by design, through corrupt deregulation. Today, the FBI reports that california is the epicenter of a growing epidemic of real estate and mortgage fraud. That too is no coincidence. It appears that the system in LA today is such that real estate and other types of white collar crime are tolerated by law enforcement (it is just a business dispute), hardly considered a valid argument by real estate lawyers (this is a civil court, it sounds bad to talk about fraud, it's too extreme), and hardly accepted by judges in court (it's a red herring).
3) California real estate code reads like a nice piece of legistlative work. But in reality it is not workable today.
4) Some say that the japanese econony pays annually in reduced growth the price of lack of leadership to move its economy out of the use of the traditional carved seals in banking and other business transactions.
Similarly, it may be found, that the american economy is paying and will pay annually in reduced growth the price of lack of leadership and initiative to move the economy, the business community, and the public at large into the age of digital signatures, through a long term, measured, education-based plan at the national level.
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