Sunday, February 14, 2010

10-02-13 [English y Castellano] Galdjie v Darwish (SC052737) alleged racketeering by judges and attorneys in Los Angeles County, California.// Galdjie v Darwish (SC052737) V Galdjie Darwish (SC052737) presunta extorsión por parte de jueces y abogados en Los Angeles County, California.



  












  

   Dr Z

    Joseph Zernik, PhD
    PO Box 526, La Verne, CA 91750;
    Fax: 323.488.9697; Email: jz12345@earthlink.net
    Blog: http://inproperinla.blogspot.com/ 
    Scribd: http://www.scribd.com/Free_the_Rampart_FIPs

Date: Sat, 13 Feb 2010 23:53:39 -0800
To: "David Pasternak" , "Attention Atty General Jerry Brown"
From: joseph zernik
Subject: Galdjie v Darwish (SC052737) Collusion of judges of the Los Angeles Superior Court, Justices of the California Court of Appeals, 2nd District, and former President of the Los Angeles Bar Association in alleged real estate fraud and racketeering

To David Pasternak, Pasternak, Pasternak, Patton, LLP, and Jerry Brown, Attorney General of California
By email

RE: Galdjie v Darwish (SC052737) Collusion of judges of the Los Angeles Superior Court, Justices of the California Court of Appeals, 2nd District, and former President of the Los Angeles Bar Association in alleged real estate fraud.
The favor of response within 10 business days is requested.
Dear Attorney Pasternak and Attorney General Brown:

Your comments are kindly requested regarding the attached, digitally signed report, copied below.

As key perp in the alleged fraud in Galdjie v Darwish (SC052737) and many others, Attorney David Pasternak, former President, Los Angeles County Bar Association, is asked to correct any errors that may have been made in this report, given that access was denied to records in the case, in violation of First Amendment rights. 

As Attorney General of California and gubernatorial aspirant, Jerry Brown is also requested to comment on the case.  Relative to corruption in San Bernardino County, California, Jerry Brown was reported by media earlier this week as appalled by corruption, and to have never seen anything like this.  Given that complaints of widespread corruption by judges of Los Angeles County, California, were routinely forwarded to his office in recent years, and that he routinely refused to take action, his comments earlier this week in the San Bernardino press conference appeared dishonest at best.
The favor of response within 10 business days is requested.
Respectfully,
Dated: February 13, 2010              
La Verne, County of Los Angeles, California        Joseph H Zernik, PhD
                                                                              []                
                                                                             By: ______________
                                                                             JOSEPH H ZERNIK
                                                                             PO Box 526, 
                                                                             La Verne, CA 91750
                                                                              Email
                                                                                                                      Blog: http://inproperinla.blogspot.com/
                                                                       Scribd: http://www.scribd.com/Free_the_Rampart_FIPs

10-02-13 Galdjie v Darwish (SC052737) Collusion of judges of the Los Angeles Superior Court, Justices of the California Court of Appeals, 2nd District, and former President of the Los Angeles Bar Association in alleged real estate fraud.

A.      Executive Summary
Los Angeles County was defined already in the early 2000s in FBI reports as “the epicenter of epidemic of real estate fraud”.  Galdjie v Darwish [i], [ii],[iii] , [iv]  provided important evidence that such “epidemic” was founded on collusion of judges of the Superior Court of California, justices of the California Court of Appeals, 2nd District (Los Angeles), and law-firms large and small in perpetrating real estate fraud through the courts.  Of particular concern in this regard must be a series of decisions of the California Court of Appeals, 2nd District (Los Angeles), which (a) Accepted de facto the conduct of the Superior Court of California, County of Los Angeles with no Book of Judgment, as required by California Code; [v] (b) Ambiguated the due process procedure of Notice of Entry of Judgment, as provided by law, and finally, (c) In a published decision from the case at hand [vi] allowed “oral modifications” of real estate contracts. Combined, such decisions of the California Court of Appeals, 2nd District, opened the way for a flood of new cases of real estate fraud disguised as court actions, yet to be fully realized.
Instant report in re: Galdjie v Darwish and related captions, was produced based on limited records, since the California Superior Court, County of Los Angeles, denied access to the court file, in what appeared as blatant violation of First Amendment rights. However, instant report was assisted by interviews and declarations provided by Defendant Barbara Kramar Darwish.  Instant report was forwarded on February 13, 2010 to Attorney David Pasternak for review and comments.  Attorney David Pasternak, former President of the Los Angeles County Bar Association was alleged to have played a key role in the alleged real estate fraud in under the caption at hand and numerous other cases as well. 
Instant report was also forwarded on February 13, 2010 to California Attorney General Jerry Brown for his comments.  Such comments were requested following his appearance, earlier this week in a press conference in San Bernardino County, California, related to large scale real estate corruption case there, where he was reported by media to be “appalled” by corruption, and to “have never seen anything like this”.  Numerous complaints were filed with Jerry Brown during his tenure as California Attorney General pertaining to alleged widespread corruption and racketeering by judges in Los Angeles County, California.  Jerry Brown consistently refused to take action.  It was hoped and expected that of that gubernatorial candidate, Jerry Brown, would provide reasonable explanation for his conduct as attorney general as part of his gubernatorial campaign.
B.      Review
In May 1998 Manouchehr Galdjie filed complaint against Barbara Kramar Darwish and others in Galdjie v Darwish. Cause of action was for specific performance of real estate purchase agreement, pertaining to a six-unit rental property in Santa Monica, California.  Such purchase agreement had been previously cancelled by seller Darwish after buyer Galdjie failed to obtain the purchase loans and therefore failed to perform pursuant to the purchase agreement.  Plaintiff Galdjie claimed “oral modifications” were entered into the written purchase agreement, and that therefore, he was not bound to perform pursuant to the written agreement.  No purchase agreement was included in the complaint, and the nature of the “oral modifications” was never spelled out in the complaint either.  One should note that such complaint in real estate matters was prohibited for centuries pursuant to Statute of Frauds laws.  Likewise, California Real Estate Code prohibited “oral agreements” in real estate matters. 
In January 2000, Amnon Derwish filed related complaint in Derwish v Darwish, for Real Property Rights as well. 
Court records of the Los Angeles Superior Court revealed remarkable irregularities in the two cases:
1.       All court fees paid by parties in both cases were listed in court records as “Journal Entry”, whereas in true cases of the court such fees were listed as “Filing Fees”, “Motion Fees”, “Stipulation Fees”, etc.  Accountancy textbooks listed false designation of funds as “Journal Entry” as a cardinal sign of high-level financial fraud, since such funds could later be shifted at ease by managerial levels with no adequate record of the origin of such funds.  Charles McCoy, Presiding Judge of the Superior Court, County of Los Angeles, and John A Clarke, Clerk of the Court, refused to provide any answers to questions regarding financial management of the Superior Court of California, County of Los Angeles.[vii]
2.       Court records stated that action in Derwish v Darwish was consolidated with the lead case of Galdjie v Darwish in March 2000.  Regardless, the court continued to accept filings, and conduct proceedings in Derwish v Darwish well into 2002.
3.       Various court actions, which may have appeared in open court as valid court actions, appeared in court records with invalid entries, e.g.  Demurrer on the complaint in Derwish v Darwish was purportedly heard on May 4, 2000 by Judge Patricia Collins, but the record which was created by the court was deliberately invalid.
4.       Numerous judges and judicial officers presided in these cases, none with an Assignment Order, Appointment Order, or Joint Stipulation, as required by law,
5.       No summons were listed as issued or executed in either complaint, and likewise, no initial case conference was held in either case.
6.       Although both captions in the related cases were Civil Unlimited, and were accordingly listed as litigated under jurisdiction the Superior Court of California, County of Los Angeles, substantial part of the proceedings were conducted under the Municipal Court of Culver City, with no explanation at all.
7.       Although court records repeatedly listed the scheduling, then continuance of jury trial in Galdjie v Darwish, Defendant Darwish reported and also provided a declaration that stated that she had been informed by her own counsel, at the very onset of the purported litigation, that the case was to be conducted under jurisdiction of an Equity Court, and therefore, that she was not entitled to a jury trial.  Indeed, on May 13, 2002, court records listed a jury trial at the court of Judge Paul Flynn in Santa Monica Courthouse, and the selection of jury as being underway.  However, Defendant Darwish provided a declaration that upon arrival in the Santa Monica Courthouse on that date, she was diverted to the Culver City Municipal Court. Court records then recorded a proceeding before a judge that remained anonymous, listed only as “Muni Judge”.  The anonymous “Muni Judge” was identified by Defendant Barbara Darwish in declaration as Judge John Segal.
8.       Judge John Segal purported to issue a judgment in favor of Plaintiff in the case, although court records failed to show that such judgment, by the Municipal Court of Culver City, was ever entered.  John Segal likewise purported to appoint David Pasternak, former President of the Los Angeles County Bar Association as “Receiver” for execution of such judgment, but court records never showed that such Appointment Order of David Pasternak was entered. Similarly, although title in the property was purportedly conveyed by David Pasternak, no Grant Deed corresponding to such conveyance was ever found in the records of the Office of Recorder/Registrar of Los Angeles County. However, numerous other real estate cases, where David Pasternak purported to perform as Receiver, and where grant deeds appeared fraudulent on their faces, were identified among records of the Office of Registrar/Recorder.
Records of the California Court of Appeals, 2nd District, in related captions, remained likewise inexplicable. The California Court of Appeals, 2nd District took three (3) appeals in this matter:
  1. The first appeal (B163170) was listed as noticed on 12/19/2002, from a judgment dated 09/05/2002, by trial Court Judge John Segal. However, the Register of Actions in the case shows no proceedings or papers filed or entered on such date at all. Furthermore, even had there been a judgment entered on September 5th, 2002, the Notice of Appeal on December 19th, 2002, would have been out of compliance with time frames provided by law for filing Notice of Appeal from such judgment.  The outcome of such appeal was listed as “Affirmed in Full” on 12/04/2003, in a “final”, “signed”, “published” decision by Justices Daniel Curry, Charles Vogel, and J Hastings (113 Cal.App.4th 1331).
  2. The second appeal (B179667) was listed as noticed on 11/24/2004, from Judgment or Appealable Order, which was not listed at all, by Judge John Segal. The date of the record from which such appeal was taken, was likewise unlisted. Therefore, there was no way to establish the validity of such Appeal process in the first place.  The outcome of such appeal was listed as “Affirmed in Full” on 11/09/2005, in a “final”, “signed”, “unpublished” decision by Justices Daniel Curry, Norman Epstein, and J Hastings.
  3. The third appeal (B191327) was listed as noticed on 5/18/2006, from Judgment/Appealable Order, dated 04/26/2006, by Trial Court Judge John Segal. The only record associated with such date in the Register of Actions were “Ex Parte Application to Extend Time to Close Escrow”, but no Judgment or Appealable Order at all.  Such appeal was voluntarily abandoned by Appellant on 10/24/2006.  The case was listed as assigned to Division 4 of the California Court of Appeals, 2nd District, but no name of individual justice was listed in the available records.
C.      Conclusions
Absent any reasonable explanation by all involved, a reasonable person would conclude the California Attorney General, Jerry Brown and United States Department of Justice knowingly allow the operation of a racketeering enterprise at the Superior Court of California, County of Los Angeles:
  1. The records of the Superior Court of California, County of Los Angeles, California Court of Appeals, 2nd District, and Office of the Registrar/Recorder of Los Angeles County related to the captions listed in this review, remained inexplicable within the framework of California law or the law of the United States.  Moreover, the conduct of the courts in these captions appeared as severe violations of the Universal Declaration of Human Rights – ratified International Law.
  2. Notice, which was given to Defendant Barbara Kramar Darwish by her own counsel, prior to the commencement of actions, that such case was litigated under an Equity Court, where she was not entitled to a Jury Trial, raised particular concern.  Operation of an Equity/Enterprise Track of the Superior Court of California, County of Los Angeles was alleged as the core conduct of a RICO enterprise in complaints filed with United States Attorney General since early 2008.  Like California Attorney General, Jerry Brown, United States Department of Justice refused to accord the 10 million residents of Los Angeles County, California, Equal Protection Under the Law.
  3. Galdjie v Darwish and related captions, listed in instant review, were alleged as the textbook example documenting racketeering by judges of the Los Angeles Superior Court, facilitated by decisions of the California Court of Appeals, 2nd District, which undermined the clear definition of Judgment and Entry of Judgment in Los Angeles county, in violation of fundamental Due Process rights.  Moreover, the published decision of the California Court of Appeals, 2nd District in the case at hand, further undermined the nature of real estate purchase agreements.
  4. Attorney David Pasternak, former President of the Los Angeles County Bar Association is alleged as personally responsible for more real estate fraud cases in Los Angeles County, California, than any other person alive.
  5. Failure of Jerry Brown to explain conduct of the Office of California Attorney General in such matters under his tenure as California Attorney General, should deem him unfit to hold any public office, either elected or appointed.
D.    End Notes

[i] Galdjie v Darwish and related captions:
1.       Galdjie v Darwish (SC052737) – Superior Court of California, County of Los Angeles
2.       Derwish v Darwish (SC060217) - Superior Court of California, County of Los Angeles
3.       Galdjie v Darwish (B163170) – California Court of Appeals, 2nd District (Los Angeles)
4.       Galdjie v Darwish (B179767) - California Court of Appeals, 2nd District (Los Angeles)
5.       Galdjie v Darwish (B191327) - California Court of Appeals, 2nd District (Los Angeles)
[ii] Judges and commissioners who participated in such captions included: Patricia L Collins, Alan B Haber, John Segal, Paul G Flynn, Robert M. Letteau, David B. Finkel, John H. Reid, Candace D. Cooper, T. McCowan, C. Alaniz.
[iii] Justices of the California Court of Appeals, 2nd District, who participated in such captions included: Daniel Curry, Norman Epstein, J Hastings, and Charles Vogel.
[iv] Law-firms which participated in these actions included: Ezer, Williamson & Brown; Gibbs & Walker; Green and Marker; Kenneth A Weismann; Kudo & Daniels LLP; Pasternak, Pasternak, Patton; Rhonda Walker; Zelig & Mozer
[v]  Filipescu v. California Housing Finance Agency (App. 2 Dist. 1995) 48 Cal. Rptr.2d 736
[vi] Galdjie v Darwish (113 Cal.App.4th 1331).
[vii] Charles McCoy and John A Clarke were requested to explain why funds collected in the caption of Galdjie v Darwish and Derwish v  Darwish were listed as “Journal Entry”, and what was the ultimate designation of such funds.  Furthermore, they were asked to explain why the Superior Court of California, County of Los Angeles has never published audited financial statements in its Annual Reports, and whether finances of the courts were ever independently audited.


  

   Dr Z

    Joseph Zernik, PhD
    PO Box 526, La Verne, CA 91750;
    Fax: 323.488.9697; Email: jz12345@earthlink.net

Date: Tue, 13 Feb 2010 23:53:39 -0800 Para: "David Pasternak", "Atención Atty general Jerry Brown" De: Joseph Zernik Asunto: V Galdjie Darwish (SC052737) La colusión de los jueces de la Corte Superior de Los Angeles, los jueces de la Corte de Apelaciones de California, 2 º Distrito, y ex Presidente de la Barra de Los Angeles Asociación de denuncias de fraude de bienes raíces y el crimen organizado Para David Pasternak, Pasternak, Pasternak, Patton, LLP, y Jerry Brown, el Procurador General de California, Por correo electrónico
RE: Galdjie v Darwish (SC052737) La colusión de los jueces de la Corte Superior de Los Angeles, los jueces de la Corte de Apelaciones de California, 2 º Distrito, y ex Presidente de la Barra de Los Angeles Asociación de denuncias de fraude de bienes raíces. 
El favor de la respuesta dentro de 10 días hábiles se solicita.

      Señor Fiscal Pasternak y el Fiscal General Brown: 
Sus comentarios son ruega sobre el adjunto, el informe firmado digitalmente, copiado a continuación. 

Como perp clave en el presunto fraude en Galdjie v Darwish (SC052737) y muchos otros, el fiscal David Pasternak, ex Presidente, Los Angeles County Bar Association, se le pide que corrija los errores que pueden haberse realizado en este informe, dado que el acceso senegado a los registros en el caso, en violación de los derechos de Primera Enmienda.
Como Procurador General de California y aspirante a la gobernación, Jerry Brown también pidió hacer un comentario sobre el caso. En relación a la corrupción en el Condado de San Bernardino, California, Jerry Brown fue informado por los medios de comunicación a principios de esta semana, como su consternación por la corrupción, y que nunca han visto nada como esto. Teniendo en cuenta que las denuncias de corrupción por los jueces de condado de Los Ángeles, California, se transmitió de forma rutinaria a su oficina en los últimos años, y que sistemáticamente se negó a actuar, sus comentarios a principios de esta semana en la conferencia de prensa de San Bernardino parecía deshonesto, en el mejor. 

El favor de la respuesta dentro de 10 días hábiles se solicita. 


Respetuosamente, Fecha: 13 de febrero 2010 La Verne, en el condado de Los Ángeles, California, 
                                                                               Joseph H Zernik, PhD
                                                                                              
                                                                             []
                                                                               Por: ______________
                                                                             JOSEPH H Zernik
                                                                             PO Box 526,
                                                                             La Verne, CA 91750
                                                                                                                      
                                  Blog: http://inproperinla.blogspot.com/
                               Scribd: http://www.scribd.com/Free_the_Rampart_FIPs


   

  
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