The typical pattern - what initially appears as reuslting from incompetence or ignorannce, turns out to hide fraud by the court.
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Nov 7, 2008
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John Clarke,
Clerk/Executive Officer
Los Angeles Superior Court
Fax: 213 621 7952
Fax & Hand Delivery
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RE: 1) Notice to cease and desist, 2) Demand to immediately withdraw filing of
false and deliberately misleading notice in re: continuance of case conference,
and order to notice, dated Oct 31, 2008, signed in your name, and presumably
authorized by you, 3) Demand that the clerk take corrective action to remove
the court file in Samaan v Zernik from the possession of Judge Terry
Friedman, pursuant to CCP §170.3 et seq.
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Mr Clarke:
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A letter dated Nov 5, 2008, in RE: Notice re: continuance of hearing, filed October 31, 2008, was faxed and hand delivered to your office, expressing concern regarding what appeared as merely a defective notice1, filed and noticed by the Court of the Honorable Judge Terry Friedman.
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A letter dated Nov 6, 2008 in RE: Request to verify integrity of trial court litigation records, listing numerous records in Samaan v Zernik (SC087400) that are false and deliberately misleading. was hand delivered to your office yesterday. It pointed out the central role of the ministerial arm of the court in the various frauds seen in Samaan v Zernik, and it called upon you to verify a partial list of such false records.
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A. New findings regarding the Notice and Order to Notice dated Oct 31, 2008
And today, I find it imperative to write to you again, after I managed to get hold of Mr Puig, Deputy Clerk, who claimed to be authorized by you, and therefore signed the October 31, 2008 notice and order:
When I asked him for the reason for the strange order – to notice all other parties, he indicated that it was really unnecessary, since he noticed all parties himself, presumably with the same order – to notice all other parties. “It is just a computer form…” he said.
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When I asked him which were the parties noticed, he looked it up on Sustain, and read to me the list:
a. Joseph Zernik – Defendant – well, that is an incorrect listing, since I am Cross-Complainant as well.
b. Nivie Samaan – Plaintiff – he got that right.
c. Countrywide –Defendant - Att Sanford Shatz – well, well, well, that is false and deliberately misleading listing, or in plain language - fraud.
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With that he finished listing the parties as shown on the system today. The listing of parties on the system is missing two parties:
d. Michael Libow – Cross Defendant - Att. Robert Shulkin
e. Coldwell Banker – Cross Defendant – Att Robert Shulkin
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When I asked Deputy Clerk Puig what authority or documentation he had that Judge Friedman had any authority in this case, perhaps some Assignment Order, that led him to conclude that he was in compliance with the law in making such order on me, he responded:
“Dr Zernik, you are going out on a tangent, and I am not going to go there with you, you know that the file is in this department.”
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I tried to explain to him the difference between a judge grabbing a court file as his own, out of compliance and in violation of the law, and a case being duly assigned to a judge. But that distinction seemed lost on him. He complained I was arguing. I explained to him that I had no problem with him whatsoever, I assumed he wanted to keep his job, so he did what he was told. It was just that I was checking what was the legal basis for his conduct, which was none.
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One would expect that a Deputy Clerk to whom you delegated your authority would at least be able to distinguish between adequate and inadequate notices. Delegating your authority to such Clerk Deputies who are unable or untrained to make that distinction is gross negligence on your part, and abuse of my civil rights.
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B. Demand to immediately take corrective action to remove the court file of Samaan
v Zernik (SC087400) from Judge Terry Friedman per CCP §170.3.
Mr Clarke: Such abuse of my rights pursuant to Amendment 5 & 14 to the U.S. Constitution is conducted in your name under your authority! Please immediately perform your duties, and take corrective action to remove the court file from Judge Terry Friedman’s Court pursuant to CCP §170.3!
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A person familiar with the case as a whole would probably conclude – as usual, what was made to appear as incompetence by clerks, was in fact fraud by a judge. Judge Friedman most likely decided to provide Countrywide standing in a proceeding where Countrywide has no standing at all. On the other hand, for all I know, he already negotiated some deal with Coldwell Banker that relieved them of the
need to appear at all. And it was this complete change in the makeup of the parties in this case, extreme abuse of my rights for Due Process, per Amendment 5 and 14 to the U.S. Constitution, that was hidden bythis strange notice.
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Frauds by the court related to the listing of the parties have been a routine feature of this litigation.
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Perhaps the epitome of such frauds can be seen in two cases:
1. Ex parte proceeding in a dark court (see below) – July 6, 2007
Countrywide was fraudulently listed by the Court as Plaintiff, since it had no standing. But Countrywide, creatively claimed to be “Non-Party”, and blamed me for having no reason to claim that it colluded with Samaan in fraud against me. Yet at the same time, Angelo Mozilo - President/CEO, and more so Sandor Samuels- Chief Legal Officer, absolutely refused to answer the request to verify or repudiate a couple of key records2,3 provided by Countrywide to Samaan.
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Judge Connor had referred to my claims as “conspiracy theory”. But that ceased when by April 2007, I got the correspondence where Countrywide, Sheppard Mullin, and Samaan’s husband (Lloyd) were devising the fraudulent claims4. And by now I have a nationally acclaimed fraud expert confirm the fraud in one of these two records.
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A month later, when I got to see some records for the first time, I realized that less than 3 weeks after the abusive ex parte proceeding in the dark court, , on July 24, 2007, Judge Connor entered a series of fraudulent records in page 1 of Case History. One of them, prominently planted on page 1, stated:
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.......07/24/04 ..............Document Filed
.......................................Opposition
.......................................Real Parties in Interest
.......................................(BY COUNTRYWIDE HOME LOANS)6
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That entry was fraudulently dated to a date that preceded the date of filing of the complaint (Oct 25, 2005), and the true date was invisible in printouts of the Case History in Sustain.
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That was my first evidence that Sustain, the court’s case management system was built to defraud (see below). I then filed a record with the court dedicated to demonstrating some of the frauds in the Case History.
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A few months later, the entry disappeared, without a trace7 – again an example of fraud in Sustain. Case History was retroactively revised with no nunc pro tunc or any other notation of the adulteration…no notice, no service… no indication by whose authority, when and why…
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And the real purpose of this fraudulent entry, most likely was to inform all who looked at the case that the case was a “Countrywide Track” case. Therefore, Countrywide was “Real Parties in Interest”.
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2. Judge John Segal’s responses to disqualification – December 4, 2007
In response to my Statement of Disqualification for a Cause, filed Nov 26, 2007 (fraudulently registered in Sustain, as merely a “Notice”), Judge Segal decided to recuse on his own, and filed a fraudulent Answer, in which he again adamantly defended Countrywide – as merely a witness… But in the same record itself, Countrywide is also fraudulently listed once as “Defendant” and once as “Intervenor“.
C. Notice to cease and desist
Mr Clarke: Please take notice and immediately cease and desist conduct carried out in your name, and claimed to be with your authority, which upon review is very likely to be found as
a) Negligence per state law,
b) Deprivation of rights under color of law - 42 USC §1983,
c) Mail Fraud - 18 USC §1341, d) Obstruction of Justice - 18 USC §1503 and e) Racketeering - RICO 18 USC §1961–1968.
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D. Demand to immediately withdraw filing of false and deliberately misleading
notice in re: continuance of case conference, and order to notice, dated Oct 31,
2008, signed in your name, and presumably authorized by you.
Mr Clarke: Please immediately withdraw this fraudulent notice. It is null and void anyway. It fails to list all parties, it was never adequately served, and it was entered into court file out of compliance and in violation of California Rules of Court, Rule 1.219, with a defective proof of service.
This is exactly the type of frauds in the court file that my letter from yesterday requested that you
review and indicate which of the records was entered with your authority and in compliance with your
instructions, and which you consider entered not by your authority and instructions.
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E. Background – LA’s two dominant racketeering groups in joint action
Notice to cease and desist conduct that upon review is likely to be deemed racketeering per Racketeer
Influenced and Corrupt Organizations Act 18 USC § 1961–1968, by Countrywide, a group of judges of
the LA Superior Court who subscribe to the "subcult of criminality" tolerated in the ranks of LA County
justice system, and white collar crime persons affiliated with Countrywide as "loan originators".
The foundation of such racketeering per 18 USC 1962 is (1) conduct (2) of an enterprise (3) through a
pattern (4) of racketeering activity. The conduct here is of an organized group of judges, clerks, and
sheriffs, on the one hand, and Countrywide and its affiliated "loan originators" on the other; the
enterprise is the use of the court setting for conducting robbery under the guise of legitimate court
actions, and at the same time intimidating and retaliating against a victim/informer/witness; the
pattern - is actions such as yours, through clerks that sent notices, or compiled records into a
completely fraudulent court file, and racketeering activity here consisted of predicated acts per 18 USC 1961 related to robbery per state law,
mail fraud per 18 USC §1341,
wire fraud per 18 USC §1343,
financial institution fraud
18 USC §1344,
obstruction of justice 18 USC §1503,
retaliating against a witness, victim, or an informant 18 USC §1513,
engaging in monetary transactions in property derived from specified unlawful activity 18 USC §1957.
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You must be aware that the core of Samaan v Zernik is the ongoing efforts by high officials at
Countrywide to conceal the evidence presented in this case of the systemic, deliberate fraud against the U.S. government, including wire/fax fraud as a routine mechanism for assembling fraudulent loan applications, all part of the operations of Countrywide for the issuance of grossly unworthy government-backed residential loans.
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These two core groups normally conduct their business separately: Activity of such judges at time was found to center around drug trade – as one could find reports that the Honorable Judge Connor was tightly tied to the Rampart CRASH unit, and she went out on a limb to protect them (and probably protect herself as well) in the First Rampart Trial. Those police were in turn engaged in what was described as “heinous crimes”10 of framing innocent people, extracting forced confessions through torture, and sentencing them to long prison terms. Such judges were also found involved in real estate frauds under the guise of litigation in LA Superior Court, e.g. Galdjie v Darwish case where Judge John Segal, Judge Patricia Collins, and Attorneys David Pasternak and Mark Green (all involved also in Samaan v Zernik) were involved in collusion with a convicted criminal Manouchehr Galdjie.
Countrywide’s core activity was in defrauding the U.S. government on the one hand, and defrauding mhomeowners who defaulted on their loans on the other11.
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F. The big picture – the true story of Samaan v Zernik
I had no business with Countrywide whatsoever, I did not even recognize the name until Nov-
December 2006, over a year after the initiation of this fraudulent litigation. But Samaan's husband, Jae Arre Lloyd (formerly Timothy Lloyd Morrow), who I am informed, was convicted of crimes following
the theft of the medical benefits funds of Skyline Funding, a corporation based in the San Fernando
Valley, was a "loan originator" for Countrywide.
1. The mortgage scam all set up in September 2004
The initial fraud was not aimed against me either I believe. Lloyd set Samaan as a straw buyer for my Beverly
Hills residence in September 2004 with the goals of a) defrauding the U.S. Government b) defrauding
Countrywide share holders (in collusion with Countrywide management) and c) laundering monies derived from
the Skyline Funding heist. I was just an incidental fraud subject in that original scheme. Had it gone through, I
would have never been aware of it at all. neither would I have been harmed.
Accordingly, Samaan presented to me a fraudulent Prequalilification Letter, to induce me to enter a
contract. Consequently, she filed fraudulent loan applications with Countrywide. She was a cosmetics
sales woman in a department store, with no qualifications whatsoever to purchase my $1.8 millions
property. To me she represented that she was making her living as a successful realtor. In
Countrywide's loan applications she was exclusively earning her income as the president and sole
owner of a company that engaged in retail sales of Tarot cards, anointment oils, divining objects, and
crystal balls to followers of the psychic and the occult, her income was stated in some records as
$400,000 per year, in others $4,000,000 per year.
2. Failure of the mortgage scam, and fax fraud is exposed – October 2004
The original scheme failed due to resistance by senior underwriter at Countrywide San Rafael, Diane
Frazier, who on October 6, 2004 a couple of days after Samaan’s loan applications arrival, documented
the employment fraud, and demanded a "reasonable explanation". Moreover, Samaan’s applications
were unique, because they included also fraud against Countrywide – she wrote her loans with lona
fees of 0%, where 0.75% was due, translating to somewhere around $12,000 discount. Diane Frazier
thought that Countrywide management would stand behind her at least on the latter fraud. The Branch
Manager, Maria McLaurin, was closely associated with Lloyds, who funneled customers herway, and
she had a “special arrangement” with him. A savvy business woman, it is unlikely that she gave
Samaan the $12,000 discount for nothing. Where was the quo of the quid pro quo? In Spain? In Mexico?
Diane Frazier did not understand early enough that in Countrywide “nobody can touch Maria
McLaurin”, and she paid for that with her own job.
A key witness, wit ness, with tremendous potential to harm Countrywide, even today she lives in fear,
her life entirely controlled by Countrywide.
I knew of course nothing of all these events, which transpired entirely between Samaan and
Countrywide. Samaan never said a thing. And her Loan Broker (or at least that is what we thought it
was), which as I found out later, never picked up the phone when my realtor called, just kept on
stringing us from day to day. When I ended up not being able to secure my next dwelling, with closing 10 days away, I gave Samaan a “Notice to Buyer to Perform”.
While faxing the notice to Victor Parks, my realtor realized that the fax was in fact forwarded to
Samaan’s fax number after it connected – the digital display showed her number instead of Parks’. We realized that all this time, Samaan was impersonating her Loan Broker. In the following days there was no response to emails that requested explanation.12
I realized that I was trapped with professional white collar crime group. Samaan refused to perform, but also refused to bail out of the deal with her escrow money, and I ended up canceling escrow.
3. Samaan files complaint against me at the LA Superior Court, and court fraud
off to a good start– October 2005
Review of the court file would most likely lead a reasonable person to conclude that the complaint, written by Attorney Jay Stein, was reviewed by Judge Jacqueline Connor even before it was filed. The reason is that on her first proceeding in this case, on January 30, 2006, Judge Connor engaged in convoluted frauds that showed familiarity with the details of the fraudulent case.
Who was the connection? Att. Jay Stein? More likely Lloyds, from his excellent experience in his
criminal litigation?
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4. The strange story of Sustain – the court’s case management system
Within a couple of months after my first appearance in court, I was zoomed on the system as focus of
fraud activity. I have practically no formal training in computers, but some high level college classes in
computer science, which I took as a kid, on a mainframe with punch-cards, left some deposit… and in
recent years I traced several computer frauds.
It took time to uncover the many levels of fraud in Sustain. The learning curve went like this:
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5. Samaan spills the beans, and a new counsel arrives – Mohammad Keshavarzi of
Sheppard Mullin
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6. Something is wrong –and my counsel – Charles Cummings- Sullivan Workman
& Dee offers $25,000 to have him leave the office - November-December 2006
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7. No way to find an attorney who’d file fraud and deceit counter- claims in Judge
Connor’s Court
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8. Resorting to a minor attorney- who is caught in a major deceit- Zachary Schorr
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9. Trying a major league attorney – who is caught in conduct that is unbecoming –
Thomas Brown- Brown and White
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10. Countrywide appears – Real Parties in Interest & Att Richard Green – Green &
Marker
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11. I follow the Brandies Brief and become “radioactive”
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12. Supervising Judge Gerald Rosenberg – and physical harassment finally entitle
me to see some of my own court file
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13. Judge Jacqueline “Rampart” Connor quits with perfect timing – September 2008
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14. Judge Allan Goodman experiences a short bout of honesty – October 2008
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15. Judge Joseph Biderman – the only judge who just said “No”
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16. Judge John–“the Rogue”- Segal, Att David Pasternak, and Att Mohammad
Keshavarzi – the Receiver scan.
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17. Judge Lisa Hart-Cole – and incognito appearance of Richard Ormond –
Buchalter Nemer
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18. Assistant Supervising Judge Patricia Collins – 2 gag orders, one fraudulent
indemnity agreement, one fraudulent grant deed, and assorted abusive
measures, just in time for lunch…
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19. Pasternak engages in Fraudulent Conveyance of Title – December 2008
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20. Judge Terry “Vigilante” Friedman – January – March 2008
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21. The U.S. District Court, LA – U.S. Judge Virginia Phillips and Magistrate Carla
Woehrle – protector of civil rights? – nah – a Summons scam instead - March –
June 2008
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22. The 9th Circuit – the big disappointment - June 2008
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23. The Rampart immersion program
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24. 4th of July, 2008 – a call for Congress to restore the Bill of Rights in LA
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25. More frauds certified – but the redemption – only in the movies
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26. California Court of Appeal, 2nd District – the Judgment Scam at its peak
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27. Which is the true highest court of the land? Reality TV? Or maybe the movies?
Recently, when I sent some request to a fraud analysts, he returned it to me, and stated that I had
already more than enough fraud certificates. He said that I got to realize that a case like mine could
never be adequately and truthfully handled by the U.S. court system. Something to the effect that
finding truth and justice in court is something that exists only in the imaginations of ignorant people.
He explained to me that my only chance for justice is through the movies or TV, and that my case has a
very good chance, because of the confluence of interesting factors- the sub-prime crisis, and
Countrywide’s leader are here engaged in corruption of the court, a group of judges is obstructing
justice in concert, as a group activity. LA is always of interest, and then again – the story connects to
the Rampart scandal, and this season a new major movie is coming out on a related subject – B.I.G.
Scandalous.
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There fore, this very letter to the Clerk will also be filed in court, as part of a request to allow media in the court, since I would like to have the option to run a couple of test episodes for reality TV shows, or as material for movie making. The story as a whole would be described as a hybrid of: China Town (the Blue Ribbon report states that corruption levels in LA County justice system are comparable to those during the Water Wars period), LA Confidential (never saw it, but was told that it fits right there), and Reality TV. I hope that all participants would enjoy their new status as celebrities if we make it as a reality TV show.
Together we can make it, but it requires team work! The worst is if people would start acting out of character just because of the camera. No waving hi to the folks at home please!
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28. The white vans of the FBI/LAPD? & my sex life in Los Feliz – January- October
2008 (chapter deleted from court filing)
29. KNBC, Att Richard Fine, and the LA County Track – ends October 2008
30. Adjunct cases – Parks v Zernik – Feb – April 2008
31. Adjunct cases – Liu v Zernik –Judge Elizabeth White, & Att Christopher Olsen - is
it or isn’t it an Enterprise Track?
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Thank you for your help. Allowing current conditions to persist is a disgrace to this court, and affront to the Bill of Rights, possibly the most significant achievement of American culture, and an insult to Justice itself.
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Joseph Zernik
