Wednesday, December 3, 2008



Who’s in Control? Countrywide's Involvement in a Dubious LA Superior
Court Case Continues even after Takeover by Bank of America; U.S.
Department of Justice has tolerated the runaway LA court in the past 8
years, and thousands (?) are falsely imprisoned by the same court for over a decade...


Defendant calls for highest priority action by the Obama administration regarding the collapsed justice system of Los Angeles County...


Samaan v Zernik stems from a dispute over a real estate transaction, entered by the parties in 2004 for purchase of Zernik's Beverly Hills residence by Samaan. She was a 'straw buyer', and everything starting with her Pre-qualification Letter and her Loan Applications and continuing in the lawsuit that was filed a year later was part of an elaborate series of frauds,” states Zernik. Indeed, an opinion letter by nationally acclaimed fraud expert Robert Meister shows that the signatures on both the prequalification letter and the loan applications were forged. Claims of such fraud and other instances of fraud by Samaan,  by Countrywide, and by the LA Superior Court, were made by Zernik in court papers throughout the litigation.

Regardless, on August 9, 2007 Judge Jacqueline Connor - best known for derailing the Rampart trial in 2000 – held a summary judgment hearing, and rendered summary judgment in favor of Samaan. Zernik was required to sell the property to Samaan for over $1.8 million. However, to this date, that judgment has never been entered.  “Judge Connor and Samaan’s counsel (Sheppard Mullin) engaged in a convoluted fraud regarding the entry of the judgment. Therefore, there was never a valid effectual judgment in this case”. A case with no judgment leaves Zernik exposed to unending litigation.

Had there been a valid entered judgment” claims Zernik “It would have been the foundation of Pasternak’s appointment.” Instead, court transcripts show that while claiming to appoint Pasternak Receiver for execution of the judgment, neither Judge Segal nor counsel for Samaan recognized the judgment as valid. Accordingly, the judgment was never referenced as the legal basis for the appointment, neither was any section of the code. “Judge Segal and Samaan’s counsel, in collusion with Pasternak, issued, but never entered, a fraudulent appointment order”, says Zernik ”had there been a valid judgment and a valid appointment, Pasternak would have issued a Writ of Execution, and with that, he could have filed a genuine grant deed.  And had this been a legitimate transfer of title by the court, Pasternak would have given me the money no later than 30 days from the date of the sale, as required by law”.

Zernik had moved out in November 2007, as was his plan ever since 2004, but also under threat of use of force by Judge Segal and David Pasternak.  Samaan began occupying the Zernik’s residence in December 2007. Later, Zernik found out that Pasternak filed a fraudulent grant deed transferring the ownership of property to Samaan. James Wedick, a veteran FBI agent and acclaimed fraud expert (best known for his role in the probe where six members of Congress were found guilty of taking bribes in 1981), confirmed the fraud in the execution of the grant deed by David Pasternak, purportedly on behalf of the LA Superior Court.

In late January 2008, since he had not received any proceeds from the purported escrow, Zernik brought a motion for the court to distribute to him his equity which purportedly was held by Pasternak following the sale of the property to Samaan. Judge Friedman denied the motion and instructed Zernik never to bring such motion again or face sanctions.

In court papers Zernik claims that the elaborate court fraud in this case was based on fraudulent records produced by Countrywide, where Samaan’s husband was a “loan originator”. Indeed Countrywide has regularly appeared in this case - represented by Bryan Cave, LLP. In papers filed in court, Countrywide routinely referred to itself as “Non-Party”, but the court interchangeably designated Countrywide as “Plaintiff”, “Defendant”,  “Intervenor”, “Cross-Defendant”, and more. Fraud in court by Countrywide is not unusual at all” claims Zernik “It was their routine all over the U.S. The only unique feature here was the collusion by the court. Judge Friedman threatened to jail me if I ask his friend Sandy [Sandor Samuels – formerly Chief Legal Officer of Countrywide and President of Bet Tzedek] anything about this fraud ”. Indeed, a 72 page March 2008 opinion by U.S. District Court in Texas Judge Bohme rebuked Countrywide’s legal practices in his court, and in courts around the U.S.

Since July 2008, Countrywide no longer exists as an independent entity. Control of Countrywide is now by Bank of America, following a January 2008 stock market crash of the Countrywide share, prompted by exposure of its legal practices in a Pennsylvania court. “What took place in the Pennsylvania court is a child’s play in comparison” says Zernik, “And it is not clear at all that Bank of America even knows what Countrywide is doing in Los Angeles, even today”. At present, Bryan Cave, LLP refuses to disclose whom they represent.

Judge Terry Friedman issued a fraudulent notice for a November 21, 2008 proceeding, where he concealed Countrywide’s participation. This is no exception,” says Zernik “Judge Connor and Judge Segal did just the same. There is no way to explain this as a true court case” says Zernik. “Does Terry Friedman, have an assignment order? Does he have any authority in the case at all? And for that matter, did Judge Segal have an assignment order? Did Judge Connor have one? Was the November 21, 2008 notice, issued in the name of Clerk Clarke an authentic Superior Court notice? Is the case as a whole, a true case of the California Superior Court system? How is the court allowed to deny me for the fourth year in a row access to my own litigation records? How could Samaan file papers for the November 21 hearing, be designated “Post-judgment Motion”, when neither she nor the court have ever acknowledged the August 9, 2007 judgment? The Presiding Judge of the Court, the Clerk of the LA Superior Court, their in-house attorneys and the outside counsel they retained are refusing to answer any questions regarding this case for half a year now. The court is taking the Fifth…” Indeed, both the Register of Actions, and also the online Case Summary indicate that judgment in this case is still pending.

“In fact, it is an Enterprise-track case” says Zernik “It reflects corruption of the civil division of LA Superior Court that is the mirror image of corruption of the criminal division documented in great detail in the Rampart scandal investigations. How could anybody expect anything else? It is the same judges after all… “ Indeed, the protagonist – Jacqueline Connor – is one and the same in both cases. The Blue Ribbon Report of the Rampart scandal (July 2006),  showed that those who were confirmed innocent in the initial Rampart scandal investigation by the Board of Inquiry (1998-2000), but had been falsely convicted and imprisoned by the LA Superior Court, were still falsely imprisoned in 2006. Most likely they number in the thousands, and some of them also had confessions extracted through torture. Such crimes were called “heinous”, and “characteristic of the most repressive dictators and police states” . *** But the 2006 report described in great details that LAPD, DA prosecutors, and LA Superior Court Judges were blocking the release of the victims of such crimes for almost a decade.

The LA County Superior Court is still holding thousands of people falsely imprisoned” concludes Zernik “Most of them are likely to be black and minorities. It undermines any claim of legitimacy by government in this country. The new administration must not let this stand!




*  Countrywide here denotes Countrywide Financial Corporation, Inc, and any and al its  subsidiaries and affiliates, jointly and/or severally.

** All referenced materials, including court records and correspondence with FBI and US DOJ can be found at: Listed Below are some of the specific key references.

*** Erwin Chemerinsky, today Dean, Irvine Law School, in: 57 Guild Pract. 121, 2000



November 30, 2008 Letter by defendant Zernik to Presiding Judge Czuleger and Clerk Clarke of LA Superior Court.


Wedick’s opinion letter re: Pasternak’s Grant Deed.


Meister’s opinion letter in re: Samaan’s pre-qualification letter


Meister’s opinion letter in re: signatures on Samaan’s loan applications with Countrywide


Detailed review of frauds in Samaan’s loan applications with Countrywide in records filed in U.S. District Court


Meister’s opinion letter in re: fraud in Countrywide’s underwriting letter.


U.S. District Court filing describing the fraud in Countrywide’s real estate contract record


U.S. District Court filing describing the fraud in Countrywide’s underwriting letter.


August 9, 2007 Judgment by Judge Connor, rendered but never entered, and a corresponding order that served as the basis for the fraud by the court.


Correspondence with FBI and U.S. Dept of Justice.


Presiding Judge’s refusal to answer regarding existence of judgment in (Samaan v Zernik).


November 14, 2008 Register of Actions in Samaan v Zernik (SC087400)


November 30, 2008 Case Summary in Samaan v Zernik (SC087400)


Blue Ribbon Report of 2006, describing the failure to release those falsely imprisoned in LA County as part of the
Rampart scandal.


Dr Joseph Zernik

Tel: 310 435-9107