Tuesday, October 20, 2009

09-10-20 One should recall that the jailing of Richard Fine stemmed from a real estate related litigation at the Los Angeles Superior Court

One factor, often ignored, of central significance, is that the case that originated the jailing of Atty Richard Fine, was real-estate related - Marina v LA County (BC109420)
Date: Tue, 20 Oct 2009 18:24:52 -0700
To: "Stop Crimes"
From: joseph zernik
Subject: Re: Urgent! - Housing Scams and US Attorneys Firing Scandal (100 Evidences of Real Estate Escrow Scam)

If sounds familiar. If you are writing regarding events at the Superior Court of California , County of Los Angeles, please contact me directly.

I was/am in a similar position, two banks, escrow company, title company, were involved.

e) PACIFIC MORTGAGE CONSULTANTS - in their multiplicity of DBAs.
f) COUNTRYWIDE FINANCIAL CORPORATION (CFC) - alleged racketeering with Sandor Samuels as the central figure.
g) BANK OF AMERICA CORPORATION (BAC)- alleged racketeering, again - with Sandor Samuels as the central figure.

Sandy Samuels Bet Tzedek News
Sandor Samuels - Associate General Counsel - Bank of America Corporation
Alleged central racketeering figure in Southern California
The central Pillar of the Bet Tzedek Trio
Communications with my banks were kept secret from me, and were based on no legal records AT ALL.
I talked with the Escrow Officer, and then she backed out, refused to cooperate with the court scam. Then the court purported to issue an Indemnity Agreement for future criminalities to the escrow company, as part of efforts to coerce escrow to collude.

You are not likely to be able to secure any Equal Protection. However, please try to document the events in as much details as possible. Also, please insist on issuing Crime Reports by local police, even if they do not investigate any of the crimes. and try to document their refusal in as many ways as possible...

We are trying to put together a group of 10 who faced similar alleged abuse by the LA Superior Court and Local, State, and Federal Law Enforcement Agencies, and then go abroad to an International Human Rights Court, We are not far from that target. In particular we are interested in Real Estate related cases.

Admission conditions for this elite group:
1) Full documentation of the legal actions - including Registers of Actions (Docket) and a complete set of Minute Orders and Written Orders, Judgments, Ruling, Writs.
2) Deceleration under penalty of perjury - best if prepared with attorney.
3) Detailed Narrative.
4) Photos would be nice too.

Please follow additional notes at: http://inproperinla.blogspot.com/

Joseph Zernik
At 04:15 PM 10/20/2009, you wrote:
On 10/15/2009, our bank placed a hold on our account. We requested a copy of the legal documents from the bank but were told to get it from the Sheriff's office.
Sheriff's Office told us they do not have a copy of 1) Writ of Execution, 2) Notice of Levy. In fact, they do not even have a file opened. This is inconsistent with CCP 699.080 (b) which states:
"CCP 699.080 (b) - Before levying under the writ of execution, the registered process server shall deposit a copy of the writ with the levying officer and pay the fee provided by Section 26721 of the Government Code."
When we checked the court records, the original Writ of Execution does not have the seal of the State of California, does not have any signature of the clerk and does not even have a Court File Stamp on it.
Please contact FBI and our Attorney General Eric holder and Jerry Brown to investigate this case. Neither the Bank nor the Sheriff can give us the following basic info:
1) Who is the levying officer? (Do you see his/her signature?)
2) What is the levying officer file number?
3) What is his/her badge number?
4) Who authorized the levy? (Do you see his/her signature?)
5) Who is the clerk? (Do you see his/her signature?)
6) Who is the registered process server? (Do you see his/her signature?)
7) Do you see the Court file stamp on the documents?
8) Do you see the Seal of the State of California?
9) What is the Straw Seller's physical address?
The writ issued on 10/13/2009 by the lower court is improper and invalid for the following reasons:
1) Straw Seller's bogus out-of-state judgment was procured by fraud. It is VOID and cannot be enforced.
2) There is an oral argument hearing on 11/13/2009 for our Appeal case. Since there is an appeal pending for this case and there is no final money judgment, NO levy should be placed per CCP 699.080(a)(8) and CCP 700.190(a).
3) The lower court Judge #4 has a history of conducting secret hearings and issuing secret orders while this case is on appeal.
4) According to online Court records, the lower court conducted an Ex-Parte hearing on 10/13/2009 and issued a writ of execution while this case is on Appeal. This Ex-Parte hearing was conducted without a 24 hour notice. Note: 10/12/2009 is not a court day because it is a court holiday (Columbus Day).
"CRC 3.1203(a) requires notice to all parties no later than 10:00 a.m. the court day before the ex parte appearance"
5) In addition, Straw Seller's Ex Parte Motion was never served on us. The court records show that the Certificate of Mailing for the Ex Parte Motion was not signed and has no mailing address of the sender.
Since the registered process server did not comply with CCP699.080, the levy is ineffective and the levying officer is not required to perform any duties under the writ and must issue a release for any property sought to be levied upon, according to CCP699.080(e).
We need your help to contact appropriate authority to straighten out this mess. Hopefully your help will restore the public trust in our judicial system. Also, please contact our Congress to continue the investigation of US Attorneys Firing Scandal to protect the public from housing scams.

Thank you!

09-10-20 Justice William J Brennan

William J Brennan (April 25, 1906 – July 24, 1997)

Judicial philosophy (From Wikipedia)

Brennan strongly believed in the bill of rights, arguing early on in his career that it should be applied to the states in addition to the federal government.[9] He often took positions in favor of individual rights against the state, often favoring criminal defendants, minorities, the poor, and other underrepresented groups. Furthermore, he generally shied away from the absolutist positions of Justices Hugo Black and William O. Douglas, being very amenable to compromise. He was willing to compromise to win a majority of Justices.[10] Brennan's conservative detractors charged that he was a purveyor of judicial activism, accusing him of deciding outcomes before coming up with a legal rationale for them.[11] At his retirement, Brennan said the case he thought was most important was Goldberg v. Kelly, which ruled that a local, state or federal government could not terminate welfare payments to a person without a prior individual evidentiary hearing.[12]

In the 1980s, as the Reagan administration and the Rehnquist Court threatened to "roll back" the decisions of the Warren Court, Brennan became more vocal about his jurisprudential views. In a 1985 speech at Georgetown University, Brennan criticized Attorney General Edwin Meese's call for a "jurisprudence of original intention" as "arrogance cloaked as humility" and advocated reading the U.S. Constitution to protect rights of "human dignity."

Brennan was also less interested in stare decisis or the avoidance of "absolutist" positions where the death penalty was concerned. Brennan and Thurgood Marshall concluded in Furman v. Georgia that the death penalty was, in all circumstances, unconstitutional, and never accepted the legitimacy of Gregg v. Georgia, which ruled that the death penalty was constitutional four years later. Thereafter, Brennan or Marshall took turns, joined by the other, in issuing a dissent in every denial of certiorari in a capital case, and from every decision in a case which the court did take which failed to vacate a sentence of death.[13]

Brennan also authored a dissent from the denial of certiorari in Glass v. Louisiana. In Glass, the Court chose not to hear a case that challenged the constitutionality of the use of the electric chair as a form of execution.

Brennan wrote[14]:

Th[e] evidence suggests that death by electrical current is extremely violent and inflicts pain and indignities far beyond the "mere extinguishment of life." Witnesses routinely report that, when the switch is thrown, the condemned prisoner "cringes," "leaps," and "fights the straps with amazing strength." "The hands turn red, then white, and the cords of the neck stand out like steel bands." The prisoner's limbs, fingers, toes, and face are severely contorted. The force of the electrical current is so powerful that the prisoner's eyeballs sometimes pop out and "rest on [his] cheeks." The prisoner often defecates, urinates, and vomits blood and drool.

Brennan concluded that electrocution is "nothing less than the contemporary technological equivalent of burning people at the stake."

Quotations by Brennan

  • "I cannot accept the notion that lawyers are one of the punishments a person receives merely for being accused of a crime." Jones v. Barnes, 463 U.S. 745, 764 (1983) (dissenting).

Fay v Noia, 372 US 391 (1963)

  • "The basic principle of the Great Writ of habeas corpus is that, in a civilized society... if the imprisonment cannot be shown to conform with the fundamental requirements of law, the individual is entitled to his immediate release" Pp. 372 U. S. 399-402.

09-10-20 Kitchen Monologue #2


Kitchen Monologue #2

March 4, 2009 Records, if any exist, of:
Arrest 11:05 am - Judge David Yaffe's Court
Booking 12:23 pm - San Pedro?

Previous Episodes:
The story last ended with Richard Fine, after exposing and denouncing "not permitted" payments to judges, in solitary confinement in Twin Towers Jail for over half a year. Public sentiments are captured in the petition. Yet, the Kitchen Team is tirelessly exposing the various levels of false records that the jailing was built upon.

Current Episode:
The Kitchen's investigators concluded that Richard Fine most likely was subjected to arbitrary arrest, with no records to substantiate it at all... Therefore, the Kitchen faxed a request and is trying to coordinate time with the office of Sheriff Lee Baca to inspect and to copy the March 4, 2009 records... if any exist... and also - resolve the San Pedro Mystery...


Join the bold ones, who dared to sign - Cheri Woods, Orly Taitz, Richard Menna...
Anonymous signatures are happily accepted too... Anon. Colorado, Anon. Kansas...