07-10-13 Brief Update (false escrow referee - retired Judge Gregory O'Brien).

RECENT DEVELOPMENTS

On October 11, 2007 I received a fax indicating that Retired Judge O’Brien, who was acting as a Referee in Samaan v Zernik SC087400, resigned. A copy of that letter can be viewed at:
http://home.earthlink.net/~jz12345/COUNTRYWIDE/07-10-11_obrien&adr_resign.pdf

That letter states:
“..certain circumstances have arisen that make it imprudent for me to remain as the referee” and “Please also consider this letter to be on behalf of ADR Services, Inc., which shall decline any further reference as to this case.”

PREVIOUSLY INVOLVED:
Judge Neidorf Judge, recused per CCP §170.6
· Judge Neidorf was recused following a peremptory challenge that allowed the assignment of Judge Connor to this case

Judge Connor Judge, disqualified per CCP §170.3, 9/10/07
· I filed a declaration, under penalty of perjury, including allegations amounting to willful misconduct, fraud and deceit, conspiracy, subversion of justice, etc…
· In her disqualification Judge Connor chose not to file any declaration to oppose my declaration.
“The Court despite the allegations made in Mr Zernik’s declaration, without conceding the disqualification statement, the Court believes that in the interest of justice, the Court should recuse itself”

Vivian Jaime Judicial Assistant to Judge Connor (“clerk”)
· With Judge Connor engaged in fraud and deceit against me, through the manipulation of entering and/or retrieving/display of data from the Court’s privileged file system, Sustain (see below).

Judge Goodman Judge, recused per §CCP170.1, 10/3/07
· Acted as Presiding Judge for several weeks without being duly assigned as required by law, in disregard of my protests
· In his recusal Judge Goodman stated:
“This Court…. has a longstanding close personal relationship with General Counsel of Countrywide [- Sandor Samuels - jz]”.
Judge Biderman Judge, recused per CCP §170.1, 10/4/07
· Judge Biderman filed for recusal immediately upon transfer of the file to him (without being duly assigned as required by law).
· Judge Biderman failed to disclose the reason of his recusal.

Judge O'Brien - Referee, resigned, 10/11/07
· Judge O’Brien was never duly appointed as a referee, as required by law.
· Judge O’Brien conducted several ex parte communications and one ex parte conference with Att Keshavarzi, Sheppard Mullin, Counsel for Samaan
· Judge O’Brien declined to provide notice/minutes of such conference
· Judge O’Brien resigned after I protested his conduct in numerous communications.
· In his resignation he stated:
“I know of no fact or appearance that would require my disqualification.“
ADR Services - Neutral services provider, resigned, 10/11/07
“…shall decline any further reference as to this case.”

Bryan Cave LLP- Counsel for Countrywide, resigned, 10/2/07
· Participated in numerous appearances in court in front of Judge Connor, without establishing their legal standing in the case.
· Appeared in Court in an ex parte application for a Protective Order against me, before Judge Connor, in a special session of the Court outside of normal hours, where I was the only case on the agenda, at a time that Discovery Motions were not allowed in Samaan v Zernik.
· Their appearances and the involvement of Countrywide were most of the times concealed by Judge Connor by listing them in Minute Orders as either counsel for Plaintiff or Counsel for Defendant
· Both Judge Goodman and Judge Segal denied ex parte applications to correct such deceitful Court records generated by Judge Connor
· When most recently contacted regarding Samaan v Zernik, Bryan Cave’s response was:
“We decline to get further involved in this matter”

CURRENTLY INVOLVED:

Sheppard Mullin et al, LLP- Counsel for Samaan
· Hearing of Motion for sanctions against Att Keshavarzi of Sheppard Mullin per CCP§128.7 is still pending. The motion passed 21-day safe harbor, and alleges the filing of offending documents and declarations under the hand signatures of counsels for Samaan.

Judge Segal - Acting Presiding Judge
· No documentary evidence found that he was duly assigned as required by law.
· When asked upon first appearance in court whether he had been duly assigned, as required by law, Judge Segal responded:
“You don’t expect me to issue orders against my supervisor?”
· When asked upon second appearance in court whether he had been duly assigned, as required by law, Judge Segal responded:
“I am the one asking questions in this Courtroom.”

Judge Rosenberg - Supervising Judge, West District, LA Superior Court
· Had two armed sheriffs physically harass me in his Courtroom, in an attempt to plant on my body a complaint that I had duly filed with the Supervising Judge. That complaint protested the fact that I had been denied access to the Court file of Samaan v Zernik, transcripts, minute orders, etc, for over six months. The Supervising Judge demanded that I withdraw that complaint. Regardless of harassment, I refused to withdraw that complaint.
· Repeatedly denied my requests for access to Samaan v Zernik data, out of compliance with the 14th Amendment. Such data are essential for my complaint against Judge Connor and for effective defense in Samaan v Zernik.

Judge Czuleger - Presiding Judge, LA Superior Court
· Complaints were filed with the Presiding Judge.
· No response received so far
· Staff in his office informed me that access to Sustain data would be denied.

California Commission on Judicial Performance
In a complaint to the Commission, I described the scope, the repetitiveness, the length of time of such violations, and the involvement of various ranks from the Supervising Judge to judicial assistants. I suggested that on this background, a full review of the West District as a whole would be in place, rather than limiting itself to review of complaints against individuals (judges), who fall under the authority of the Commission.
Of particular significance is the establishment of Sustain, which is probably operational for more than two decades now in the entire LA Superior Court. This is effectively the governing system for case management in the courts today, but the information in it is held “privileged to the Court only”. In contrast, Court Files and Court Book were always held pubic records pursuant to Due Process of the Law and the 14th amendment. Sustain, and its privileged status, out of compliance with the 14th amendment, allowed the manipulations by Judge Connor and her assistant Jaime. Continued denial of
In concluding review of all of the above, I also raised the question whether the West District, LA Superior Court should be considered a Corrupt Organization pursuant to US Racketeering laws. I left such questions for the consideration of the Commission

--------------------------------------------

PHOTO DEPOSIT:

Tim -

"This case should demonstrate that the FBI will pursue all allegations of judicial corruption vigorously, as public corruption violations are among the most serious of all criminal conduct and can tear at the fabric of a democratic society," said John F. Pikus, special agent in charge of the Albany division, in a prepared statement.

WELCOME TO THE
SECOND DISTRICT COURT OF APPEAL

Beyonce _

Records & Identification Bureau BACK

BEYOND FINANCIAL- COUNTRYWIDE AND THE COURT IN LA - IN PRO PER IN LA

One of my major difficulties in pro per, with no legal education and no perspective, was to develop an objective situation analysis methodology. You run the risk of overreacting to minor infractions, on the one hand, or falling into the habit of mimicking the response pattern and conduct of real attorneys, which is the last thing you want to do... they have a very different set of parameters to consider than a guy in pro per.

Naturally, my approach tends to be quantitative/statistical (I would like to believe - guided by the Brandeis Brief).

Therefore, I would be grateful to anybody with experience with California courts or comparable, who would provide an estimate:

What are the Odds?
An unlimited civil case, in court for 2 years, and going through its fifth judge by now...

<123456xyz@gmail.com>

COUNTRYWIDE AND THE RACTICE OF THE LAW

BEYOND FINANCIAL- COUNTRYWIDE AND THE COURT IN LA -- THE PRACTICE OF THE LAW
------------------------------------------------------------------
The posting below appears benign to me. But for some reason it was one of the most irritating to some readers.
Immediate responses included:

Does this person need a hotline number to call or something? Someone call someone and get him some help.

twoodrow88

He should be jailed for contempt.

shorts_true...


------------------------------------------------------------------
At some level I believe that Enron was about the Practice of Accouting and Audit. Sure, Sarbanes-Oxley did not mince words on the attorneys, and it did make some significant changes in the law regarding the duties and responsibilities of corporate attorneys (albeit the necessary SEC regulations were blocked from ever seeing the day of light).

Yet Accounting and Audit were at center stage, and CFO Fastow -the main character. James Derrick, the General Counsel, was a support role at best, barely got any lines...

When everything is said and done, I believe that Countrywide will be about the Practice of the Law. Accordingly - Sandor Samuels will be in the main character role, not Angelo Mozilo. The Practice of the Law may include:
- Litigation and the Courts
- Handling of Regulatory Agencies

And the key concept to be analyzed would be "Streamlining".

IN PRO PER IN LA

One of my major difficulties in pro per, with no legal education and no perspective, was to develop an objective situation analysis methodology. You run the risk of overreacting to minor infractions, on the one hand, or falling into the habit of mimicking the response pattern and conduct of real attorneys, which is the last thing you want to do... they have a very different set of parameters to consider than a guy in pro per.

Naturally, my approach tends to be quantitative/statistical (I would like to believe - guided by the Brandeis Brief).

Therefore, I would be grateful to anybody with experience with California courts or comparable, who would provide an estimate:

WHAT ARE THE ODDS - an unlimited civil case, in court for 2 years, going through its fifth judge by now?

<123456xyz@gmail.com>

BEYOND FINANCIAL- COUNTRYWIDE AND THE COURT IN LA

BEYOND FINANCIAL- COUNTRYWIDE AND THE COURT IN LA
Below is a declaration (verified statement)that I filed today with the Supervising Judge of LA Superior Court, West District - Hon Judge Gerald Rosenberg, RE: Samaan v Zernik, SC087400:
----------------------------------------------------- ---
RE-ASSIGNMENTS
2. I was told by phone today that my case was transferred again. The following have been so far judges who held this case:
a. Judge Richard Neidorf - Recused per CCP section 170.6
b. Judge Jacqueline Connor -Disqualified per CCP section 170.3
c. Judge Allan J Goodman - Recused per CCP section 170.1
d. Judge Joseph Biderman - Recused per CCP Section ?
e. Judge John L Segal ? Newly assigned?
3. The transfer from Judge Neidorf to Judge Connor was fully documented by a Minute Order of the Supervising Judge duly authorized by law. Accordingly, in the space on the face page of filings, I noted: ?Assigned for all practical purposes to the Honorable Judge Jacqueline A Connor.?
4. Similarly, I noticed that Judge Connor listed under her name, in the upper left corner of each and every Minute Order, the name of Judge Neidorf, ?recused per CCP ?170.6?.
5. For the transfer from Judge Connor to Judge Goodman I could not find documentation by a Minute Order of the Supervising Judge, duly authorized by law to order such re-assignments. Therefore, I appealed Judge Goodman twice, in ex parte filings, to establish his authority as required by law. Absent such authority one cannot even consider Due Process Rights in the court.
6. Judge Goodman ignored my appeals. After that, accordingly, in the space on the face page of filings, I noted: ?Assigned by hearsay?.
7. Similarly, I noticed that Judge Goodman did not list under his name in Minute Orders, in the upper left corner of each and every Minute Order, the name of Judge Connor with CCP ?170.3, while he continued listing Judge Neidorf with CCP?170.6, as was done by Judge Connor before him.
8. Similarly, for the transfer from Judge Goodman to Judge Biderman I could not find documentation by a Minute Order of the Supervising Judge, duly authorized by law to order such re-assignments. Therefore, I appealed Judge Goodman in a verified statement, to establish his authority as required by law.
9. A reasonable person reviewing this case as a whole, may reasonably entertain the doubt, or even reasonably conclude, that there was a desire and an intent to avoid any documentation of the disqualification of Judge Connor per CCP ?170.3.
10. But that was done at the cost of undermining the authority of other judges presiding over the case!
11. I humbly request that Supervising Judge, the Honorable Gerald Rosenberg, duly authorized by law to make such re-assignments, issue a Minute Order to re-assign the case, if indeed Judge Biderman has recused himself.
12. I also request that the Minute Order spell out that the names and CCP sections by which previous judges were recused from this case be explicitly listed on Minute Orders from this day on.
ACCESS TO COURT FILE INFORMATION IN SUSTAIN
13. I have requested in previous complaints access to my court file information in Sustain, the court?s case management system. You responded that information in Sustain is privileged and allowed to court staff only.
14. With all due respect I beg to differ!
15. I hold that my Due Process Rights per the 14th Amendment forbid you from keeping any confidential court file about me. Such cannot be done in a court established under the Constitution of the United States.
16. You also held a short hearing last month, where you ordered me not to ask for it again. But you denied my request for a written order to that effect.
17. I again ask for access to Sustain data, or alternatively for a written order or ruling denying me such access, so that I may go in pro per for a writ of mandate.
18. Time is of the essence! I need the data in order to competently represent my case.

FRESH OFF THE PHONE - ANOTHER RECUSAL ? SECOND IN 48 HOURS...

BEYOND FINANCIAL: COUNTRYWIDE AND THE COURTS IN LOS ANGELES (Not rated)
17 minutes ago October 5, 2007

SAMAAN V ZERNIK SC087400
LA SUPERIOR COURT, WEST DISTRICT
--------------------------------
Just got notice by phone that one more judge recused himself, and the case is transferred yet once again.
No paper confirmation yet.

So far recused/disqualified on this case:

Judge Richard Neidorf - Recused per CCP section 170.6
Judge Jacqueline Connor -Disqualified per CCP section 170.3
Judge Allan J Goodman - Recused per CCP section 170.1
Judge Joseph Biderman - Recused per CCP Section ?

Assigned - Judge John L Segal

jz

BTW: the text above was copied from a note I posted on Yahoo Financial Message Board. However, one of the reasons I blog is that my messages seem to be handled a bit "special". This one, like several others, by now disappeared. Sometimes they come back later, sometimes they come back later improved....

FROM YAHOO FINANCIAL

BEYOND FINANCIAL RECKLESSNESS- CORRUPTION OF THE COURT? and a positive surprise
(5-Oct-07)
I am not an employee of CFC or any of its subsidiaries and affiliates, and I have never been one either.

But sometimes I feel that had I been hired today by Countrywide for Phase I data entry, I could probably do a pretty good job witout much training... while in December 2006 (10-11 months ago!), I did not even know what the name Countrywides stood for, what are Regulation B, pipeline report,Internal Audit Committee,secondary and tertiary mortgage markets. sub-prime, wholesale branch, underwriting, real estate code...

Otherwise, here are some conclusions I draw from this yet unfinished affair:

1) Don't know much about the history of Countrywide's rapid growth as a corporation, but I must assume that the development of an extremely high capactiy, real time, integrated, computerized underwriting system had at least something to do with it. The way that the system was operated in recent years may also be part of the problem.

2) California was the primary victim of Enron energy manipulations, and the affair can be summed as the fraudulent transfer of substantial wealth from California to texas. But that did not happen by chance - California prepared itself to be the victim by design, through corrupt deregulation. Today, the FBI reports that california is the epicenter of a growing epidemic of real estate and mortgage fraud. That too is no coincidence. It appears that the system in LA today is such that real estate and other types of white collar crime are tolerated by law enforcement (it is just a business dispute), hardly considered a valid argument by real estate lawyers (this is a civil court, it sounds bad to talk about fraud, it's too extreme), and hardly accepted by judges in court (it's a red herring).

3) California real estate code reads like a nice piece of legistlative work. But in reality it is not workable today.

4) Some say that the japanese econony pays annually in reduced growth the price of lack of leadership to move its economy out of the use of the traditional carved seals in banking and other business transactions.
Similarly, it may be found, that the american economy is paying and will pay annually in reduced growth the price of lack of leadership and initiative to move the economy, the business community, and the public at large into the age of digital signatures, through a long term, measured, education-based plan at the national level.

FROM YAHOO FINANCIAL

BEYOND FINANCIAL RECKLESSNESS- CORRUPTION OF THE COURT? and a positive surprise
(5-Oct-07)
I am not an employee of CFC or any of its subsidiaries and affiliates, and I have never been one either.

But sometimes I feel that had I been hired today by Countrywide for Phase I data entry, I could probably do a pretty good job witout much training... while in December 2006 (10-11 months ago!), I did not even know what the name Countrywides stood for, what are Regulation B, pipeline report,Internal Audit Committee,secondary and tertiary mortgage markets. sub-prime, wholesale branch, underwriting, real estate code...

Otherwise, here are some conclusions I draw from this yet unfinished affair:

1) Don't know much about the history of Countrywide's rapid growth as a corporation, but I must assume that the development of an extremely high capactiy, real time, integrated, computerized underwriting system had at least something to do with it. The way that the system was operated in recent years may also be part of the problem.

2) California was the primary victim of Enron energy manipulations, and the affair can be summed as the fraudulent transfer of substantial wealth from California to texas. But that did not happen by chance - California prepared itself to be the victim by design, through corrupt deregulation. Today, the FBI reports that california is the epicenter of a growing epidemic of real estate and mortgage fraud. That too is no coincidence. It appears that the system in LA today is such that real estate and other types of white collar crime are tolerated by law enforcement (it is just a business dispute), hardly considered a valid argument by real estate lawyers (this is a civil court, it sounds bad to talk about fraud, it's too extreme), and hardly accepted by judges in court (it's a red herring).

3) California real estate code reads like a nice piece of legistlative work. But in reality it is not workable today.

4) Some say that the japanese econony pays annually in reduced growth the price of lack of leadership to move its economy out of the use of the traditional carved seals in banking and other business transactions.
Similarly, it may be found, that the american economy is paying and will pay annually in reduced growth the price of lack of leadership and initiative to move the economy, the business community, and the public at large into the age of digital signatures, through a long term, measured, education-based plan at the national level.

AND - MY POSTING IN YAHOO FINANCIAL BOARD GOT **** (FOUR STARS)!

It was the email exchange with attorneys for Countrywide John Amberg and Jenna Moldawsky!

That whole episode when they tried to issue a gag order against me was straight out of a communist courtroom.

* It was a special session of the court.
* I was the only case on the agenda, the place was empty.
* I never saw the judge, she was apparently back in her chambers.
* Countrywide complained that I am saying that they colluded in fraud with plaintiff. But on that day they were listed in court papers as plaintiff!
* There was a new clerk, whom I never saw before or after.
* We gave the papers to the clerk.
* The clerk came out maybe half an hour later, and recited without any paper the judge's decision, or what she claimed was the judge's decision.. .who knows...
* That decision in and of itself was a masterpiece of subversion of justice.

A POSITIVE SURPRISE!

I went to Court this morning tense and somewhat depressed, with the disqualification declarations for Judge Goodman in my hand...

I got to court, and a positive surprise was waiting there for me - Judge Goodman recused himself yesterday, October 3, 2007! Judge Goodman's Minute Order of 10/3/07 stated:ג

"Upon review of the file...the Court determines.... Review of the accompanying supporting arguments reveals that defendant's Motion for Sanctions is predicated in large part upon matters which would require consideration of defendant's contentions [whether meritorious or not] concerning the alleged role of Countrywide in a real estate transaction which is alleged to be central to the claim in this case..."

"This Court may not make that inquiry as it has a longstanding close personal relationship with the General Counsel of Countrywide and a person aware of the facts might reasonably entertain a doubt that the Court would be able to be impartial. Code of Civil Procedure section 170.1(a)(6)(A)(iii). This Court must and does recuse itself."

I thank Judge Goodman for his courage and his integrity!

BEYOND FINANCIAL RECKLESSNESS - CORRUPTION

Once Judge Connor was disqualified, my case was
transferred (to be distinguished from re-assigned
in compliance with due process of the law) to
Judge Goodman, Dept H, West District.
I had a total of two short hearings (I estimate each
at about 15 min) with Judge Goodman, but the
overall impression was same or worse than with
Judge Connor. I wobbled for a week, and finally
this morning went to court to disqualify Judge
Goodman.
The opening page of the verified statement read:
"3) I am serving this filing for immediate
disqualification with saddened heart, out of respect
for the Judiciary, and out of concern for the
Judiciary..."
Preceding that it read:
" Judge Goodman: I hold and believe that after the
short time you acted as Presiding Judge in Samaan
v Zernik (without the appropriate documentation
of your authority, if any), it is clear that it would be
in the best interest of the furtherance of Justice, of
the dignity of the Judiciary, and of the respect of
the Law, that you would be recused or
disqualified."
What will happen in the next episode? Will there
be a cameo appearance by Sandor Samuels…
maybe not…

BEYOND FINANCIAL RECKLESSNESS- CORRUPTION OF THE COURT?

Date: Wed, 03 Oct 2007 11:08:25 -0700
To: "Amberg, John W." , "Moldawsky, Jenna L."

From: joseph zernik
Subject: TIME IS OF THE ESSENCE. RE: Samaan v Zernik
10/3/07
Att Moldawsky
Att Amberg
BRYAN CAVE LLP

Ms Moldawsky and Mr Amberg:

Perhaps you misunderstood me, but I am not asking you to be further involved in this
matter. Instead I am asking that you help clarify conduct that might have been out of
compliance with the law, so that your past involvement in this matter will cease to aid in subversion of justice at present.
I urgently need the data requested below in order to allow me to clarify basic facts
regarding Judge Connor's conduct in this case.
Please provide such data no later than Friday, October 5, 2007, at 5:00pm.
I have no interest in any legal action or any filing of complaints with State Bar etc
against Bryan Cave LLP or individual lawyers who participated in this, if you
cooperate and provide the data listed below that is essential for the management of my court case.

Joseph Zernik
Defendant and Cross-Coplainant
in pro per!

======================================================================
At 09:16 PM 10/2/2007, you wrote:
Dr. Zernik,
We decline to get further involved in this matter. I am sorry, but I cannot help you.
John W. Amberg
-----Original Message-----
From: joseph zernik [mailto:jz12345@earthlink.net]
Sent: Tuesday, October 02, 2007 5:57 AM
To: Moldawsky, Jenna L.; Amberg, John W.
Subject: Samaan v Zernik

Oct 2, 2007

Att Moldawsky
Att Amberg
BRYAN CAVE LLP

Ms Moldawsky and Mr Amberg:

On Sept 10, 2007, in pro per, I served Judge Connor with filing per CCP s 170.3. The
claims listed there amounted to wilful misconduct, subversion of justice, and fraud
and deceit. Much of it was about the treatment of Countrywide and Bryan Cave LLP
attorneys in court, in violation of due process of the law.

Connor took off for over an hour to her chanmbers, then announced that she was not
admitting any of my claims, but recusing herself on her own motion per CCP s 170.3(c)
(2). Given the nature of the claims, Connor's response was short of a reasonable effort by a judge to defend her integrity, when confronted with claims of venal, criminal corruption.
One of the problems left in the aftermath, is a corrupt court file. One of the claims was that Connor deliberately created a court file that would not disclose the scope of the involvement of Countrywide in this litigation. At times attorneys for Countrywide were listed iin Minute
Orders as attorneys for plaintiff, other times - as attorneys for defendant, but hardly if ever as attorneys for Countrywide. I am trying to fix that now... and I am writing to ask for your help, to make sure that the record is set right.
What do you consider to be the correct term for Countrywide in this litigation? Non-
Party? Intervenor? Other?

Please forward to me the following:
1) Listing of any and all names of attorneys who participated in this litigation on behalf of Countrywide
2) Listing of all filings entered by Countrywide in this litigation
3) Listing of any and all ex parte communications that led to the initial ex parte
appearance in court and allowed the unusual scheduling and listing of that appearance
4) Listing of any and all ex parte communications that may have been transmitted
later in litigation
5) Listing of any and all appearances in court with date and name of attorney

Joseph Zernik
Defendant and Cross-Coplainant
in pro per!