LA Superior Court and Bank of America Corporation -
Now serving you better by (a) conduct (b) of a joint enterprise (c) through a pattern (d) of racketeering activity.
Date: Wed, 16 Dec 2009 11:34:29 -0800
To: "David Pasternak" , <13105531540@efaxsend.com>
From: joseph zernik
Subject: Timely response requested within 2 business days. Re: purported caption Samaan v Zernik (SC087400) -
Request for explanation of notices received via USPS and a check dated Nov 16, 2009
RE: Purported caption Samaan v Zernik (SC087400) - Request for explanation of
Notices received via USPS and a check - dated Nov 16, 2009*
Timely response requested within 2 business days
To Attorney David Pasternak
Dear Mr Pasternak:
Please accept this notice as a request for clarifications regarding recent notices received
from your office via USPS first class mail at my post office box #526 in La Verne,
California, 91750. Concerns were raised that these notices in particular, and your
conduct relative to my property at 320 South Peck Drive, Beverly Hills, California,
90212 in general, evidenced various kinds of fraud, including, but not limited to mail
fraud.
Recent notices referenced in this notice included: (1) Purported Notice of Cancellation
signed by David Pasternak, dated November 16, 2009, post stamped November 17, 2009,
[1] and (2) Notice of payment signed by David Pasternak, dated November 16, 2009,
including a copy of check # 4323, in the sum of $6,000, 1st Century Bank, Los Angeles,
Acct # 122243761, no account name printed on the check, signed by Lisa Kalaydjian,
dated November 16, 2009, to the benefit of "Clerk of the Los Angeles Superior Court",
post stamped November 16, 2009. [2]
1) Regarding purported Notice of Cancellation signed by David Pasternak, dated
November 16, 2009, post stamped November 17, 2009 [1] :
a) You marked the notice as pertaining to case captioned Samaan v Zernik (SC087400),
Superior Court of California, County of Los Angeles. In the past two years Presiding
Judge Charles McCoy and the Clerk of the Court John A Clarke denied multiple
requests to certify that such caption was a matter litigated under the Superior Court of
California, County of Los Angeles. The conduct of alleged fraudulent caption of Samaan
v Zernik (SC087400) on the grounds of the Superior Court of California, County of Los
Angeles, and under the guise of litigation of such court were of particular concern given
the fact that purported Plaintiff in such caption, Nivie Samaan, was represented by
Attorney Mohammad Keshavarzi of the law-firm of Sheppard Mullin. Presiding
Judge Charles McCoy was previously a Partner in the same law-firm. Moreover,
Presiding Judge Charles McCoy was notified over recent years numerous times of
alleged fraud in the conduct of Mohammad Keshavarzi, including but not limited to the
purported November 9, 2007 Motion of Appointment of David Pasternak Receiver. [3],
[4]. Presiding Judge Charles McCoy failed to initiate any corrective actions during these
years.
One must notice in this regard that former Presiding Judge Welch of neighboring San
Bernardino County, California, was also tied to numerous cases of real estate fraud. [5]
Please provide evidence that such caption was indeed a matter litigated under
jurisdiction of Superior Court of California, County of Los Angeles.
b) You marked the matter as Presided by "Hon Terry B Friedman". Terry B
Friedman failed to present due assignment order as presiding judge in such purported
caption. Moreover, Presiding Judge Charles McCoy and the Clerk of the Court John A
Clarke, denied multiple requests in the past two years to certify that Terry B Friedman
was presiding judge in such purported caption.
Please provide evidence that Terry B Friedman was indeed duly assigned Presiding Judge in such purported caption, and was engaged in judicial acts (vs extrajudicial conduct) in this matter.
c) You stated (p1) "Continued Status Conference previously scheduled to be held....".
No such status conference ever appeared on the Calendar of the Court.
Please provide evidence that Status Conference that you purported to cancel, ever appeared on the Calendar of the Court.
d) You addressed the purported notice to "Parties and their Attorneys of Record Herein"
However, your Service List named twice "Countrywide Home Loans, Inc" with the
false designation of "Non-Party". Various records purported to be records issued by the
court interchangeably designated "Countrywide Home Loans, Inc" as "Parties in
Interest", "Plaintiff", "Defendant", "Cross Defendant", "Intervenor", etc - all with no legal
foundation at all. However, none designated Countrywide as "Non Party".
Please explain the use of party designation that appeared false on its face.
e) You included "Countrywide Home Loans, Inc" in your service list, whereas no such
entity existed for many months at the time you issued the purported notice.
Please explain the inclusion of a non-existent entity as a purported party to litigation.
f) You listed John Amberg, Jenna Moldawsky, and/or Bryan Cave, LLP in your
service list, addressed to parties and attorneys of record, as counsel for Countrywide
Home Loans, Inc. Even when Countrywide Home Loans, Inc existed as a corporate
entity, the evidence showed that the attorneys and law-firm that you listed were not
Attorneys of Record for such entity. After the take-over of Countrywide Financial
Corporation by Bank of America Corporation (BAC), July 1, 2008, I contacted the
office of BAC General Counsel on multiple occasions, and I was invariably informed by
senior staff of that office that Bryan Cave, LLP was not authorized as Attorneys of
Record. However, BAC never took action to stop such allegedly fraudulent appearances
by attorney from Bryan Cave, LLP.
Please provide evidence that John Amberg, Jenna Moldawsky and/or Bryan Cave, LLP were in fact Attorney of Record for Countrywide Home Loans, Inc, at the time that such entity existed.
g) You signed your purported Notice as "Receiver". The Superior Court of California,
County of Los Angeles failed to maintain Book of Judgments, in contradiction with its
own published Local Rules of Court. Therefore, there was no way to confirm your
purported due appointment as "Receiver". All specimen of the purported appointment
order document in my possession were false on their faces - bearing invalid
authentications - dated prior to the date of the purported order itself. [6], [7], [8], [9],[10]
Moreover, Presiding Judge Charles McCoy and the Clerk of the Court John A Clarke,
denied multiple requests in the past two years to certify that David Pasternak was duly
appointed Receiver in a caption of Samaan v Zernik (SC087400).
Please provide evidence that David Pasternak was duly appointed Receiver in a caption of Samaan v Zernik (SC087400).
2) Regarding notice of payment and copy of check # 4323, in the sum of $6,000, 1st
Century Bank, Los Angeles, Acct # 122243761, no account name printed on the
check, signed by Lisa Kalaydjian, to the benefit of "Clerk of the Los Angeles
Superior Court".
a) No account name was printed on the check referenced above.
Please provide the name of account and account owner(s) for 1st Century Bank, Los Angeles, Acct # 122243761.
b) The check was marked by hand "Receivership Estate for 320 South Peck Drive".
Please provide the legal foundation for the existence of such "Receivership" and such "Estate".
c) The check provided evidence that funds indeed existed in such account.
Please provide a reasonable explanation for the source of funds in such account.
d) The check provided evidence that you engaged in various monetary transactions in
such account.
Please provide copies of comprehensive bank statements for all transactions during the lifetime of such account.
e) The check was marked to: "Clerk of the Los Angeles Superior Court". Evidence
documented that all previous funds paid to the Clerk of the Court, Superior Court of
California, County of Los Angeles, by various parties in relationship to purported caption
Samaan v Zernik (SC087400) were designated "Journal Entry". Moreover, Presiding
Judge Charles McCoy and the Clerk of the Court John A Clarke, denied multiple
requests for explanation of the final designation of such "Journal Entry" funds.
Please provide a reasonable explanation for the destination of such funds.
f) The check was signed by Lisa Kalaydjian, who I was informed and believed was
employed by your law-firm as Notary Public. Your name and the name of Lisa
Kalaydjian previously appeared on Grant Deeds that were opined as fraud [11],
pertaining to the same property - 320 South Peck Drive, Beverly Hills, California, 90212.
Please provide a reasonable explanation for the authority of Lisa Kalaydjian to sign as authorized person on such account.
g) In the comment line, the check noted "Paragraph 8 Judgment". However, the
purported judgment record that was attached in the same communication was missing
Proof of Service by party or Certificate of Service and Notice of Entry by Clerk.
Therefore, such records must not be deemed an honest, valid, and effectual Judgment of
any court.
Please provide a reasonable explanation for the legal foundation for monetary
transaction documented in this check, which on its face appeared as money
laundering.
Mr Pasternak, I hope that you would take the time to carefully review this matter and to
respond in a timely manner. Surely you realize that these notices alone evidenced
numerous predicated acts, more than the number required by US law for conviction on
charges of racketeering. Moreover, your role in the purported caption of Samaan v
Zernik (SC087400), in the caption of Galdjie v Darwish (SC052737) and other cases
retrieved from various sources provided overwhelming credible evidence of your role in
(a) conduct (b) of an enterprise (c) through a pattern (d) of racketeering activity.
Truly,
By: ______________
1) The complete letter, with easy links to referenced records and documentation of transmission was posted at:
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