LETTER TO ATT DAVID PASTERNAK- FORMER PRES HOUSE OF JUSTICE - BET TZEDEKJune 12, 2008
Att D Pasternak
Att E Pasternak
Att J. Patton
Pasternak Pasternak & Patton
By Fax and By Email:
TIMED RESPONSE REQUESTED BY FRIDAY, JUNE 13, 5:00PM
COME ONE COME ALL TO THE JUSTICE BALL – JULY 19, 2008![1]RE: Please provide reasonable explanations – an open letter
[2],
[3],
[4]Att Pasternak and Att Patton:Records and information recently uncovered raise serious concerns regarding the conduct of Att David Pasternak, Partner in your law firm, and former President of the House of Justice – Bet Tzedek, a prominent Jewish charity5, relative to events that were designed to benefit Countrywide and Sandor Samuels, the Immediate Past President of the House of Justice- Bet Tzedek, and included dubious judicial acts to benefit Countrywide and Sandor Samuels by Judge Jacqueline Connor, Judge Allan Goodman, Judge John Segal, Judge Lisa Hart-Cole, Judge Patricia Collins, Judge Gerald Rosenberg, and Judge Terry Friedman – former Executive Director of the House of Justice – Bet Tzedek, who continues to refuse to either recuse or file Statements on the Record per the California Code of Judicial Ethics, Canon 3E(2).
[5]1. An adulterated legal document, bearing Att Pasternak’s signature, was recorded on Dec 17, 2007 as Grant Deed on the property at 320 South Peck in the office of the Registrar/Recorder
[6].
a. Please provide reasonable explanation for the origin of this adulterated legal record found in the office of the Recorder/Registrar.
i. Was it signed by Att Pasternak in its current form?
ii. Was it acknowledged by the Notary in its current form?
iii. Does Att Pasternak deem the record in its current form, as found now in the office of the Registrar/Recorder a valid legal record that he executed?
iv. If so, what is the legal foundation for such conduct by Att Pasternak?
2. Based on a reliable hearsay (Zernik is still denied access to his own Court File records), it could now be concluded, as was suspected all along:
In November 2007 - Judge John Segal and Att Pasternak engaged in deliberately misleading conduct, claiming to execute a Judgment that was never entered
[7]. They continued to do so, even after Defendant in Samaan v Zernik issued a number of notices that he considered the motion to appoint Pasternak Receiver based on an invalid judgment, and with no reference to either a judgment or any section of the code, as an act of fraud.
a. Please provide reasonable explanation for the legal foundation of the office of Receiver and for Pasternak assuming such office when no Judgment was entered in Samaan v Zernik (SC087400).
3. Dec 7, 2007, was marked by proceedings in the LA Superior Court that amounted to severe abuses of Zernik’s civil rights per the Amendments to the U.S. Constitution, and were single-handedly engineered by Pasternak. Among other abuses - counsel was standing between Zernik and Pasternak in proceedings in Dept X before Judge Hart Cole. Counsel, Pasternak, and Judge Hart –Cole repeatedly refused to identify Counsel either by name or by party he represented. That refusal is also reflected in the Reporter’s Transcript, edited as it is. Through recently gained access to the Judge Hart-Cole Dec 7, 2007 Minute Order, it was clarified: Counsel was Att Ormond, appearing for Mara Escrow. Less than an hour after that proceeding was concluded, in yet another abusive proceeding, in the Court of Judge Collins, clearly documented in Reporter’s transcript, Att Ormond and Att Pasternak misrepresented Att Ormond in Court as Counsel for Pasternak.
a. Please provide reasonable explanation for the true nature of Att Ormond appearance in these two ex parte proceedings.
4. In yet another abuse of Due Process, records recently uncovered show that Judge Hart Cole secretly vacated, with no notice to parties
[8], her Dec 7, 2007 Minute Order including her recusal that was noticed by Att Pasternak as valid.
a. Please provide reasonable explanations:
i. Was Att Pasternak aware that the order he was noticing was vacated or invalidated by the time he notice it?
ii. Alternatively - was he aware that the order was vacated or invalidated at a later time without notice to parties?
iii. Given that the order was vacated or invalidated, Att Pasternak’s notice is without foundation, and may be deemed misleading. Would he take initiative to invalidate or vacate his own notice, so as not to propagate further misleading records in Samaan v Zernik?
5. In yet another abuse of Due Process, records recently uncovered show that Judge John Segal secretly vacated, with no notice to parties3, his Nov 5, 2007 Minute Order which authorized the 4-day notice hearing on appointment of recorder with no entered judgment and with no reference to any section of the code. Att Pasternak noticed his own appointment as Receiver in the resulting Nov 9, 2007 hearing.
a. Please provide reasonable explanations:
i. Was Att Pasternak aware that the Nov 5, 2007 Minute Order that was the legal foundation for the Nov 9, 2007 hearing and his appointment, was secretly vacated at the time that he noticed Judge Segal’s Order appointing Pasternak Receiver? Alternatively - was Pasternak aware that the order was vacated or invalidated at a later time without notice to parties?
ii. Given that the order was vacated or invalidated, Att Pasternak’s notice is without foundation, and may be deemed misleading. Would he take initiative to invalidate or vacate his own notice, so as not to propagate further misleading records in Samaan v Zernik?
6. Given that no Judgment was ever entered, it appears that Att Pasternak is in the leading role of an elaborate Court House/Real-estate Fraud scheme:
a. It started with the illicit involvement of Countrywide as “non-party”/” Defendant”/ “Plaintiff”/”Intervenor” in this case, and the "off the record" gag-order proceedings under Judge Connor for the benefit of Countrywide, and on with
b. A Judgment by Court that was false and deliberately misleading judicial act, and that by now must be deemed stale and tainted, and on with
c. Abuse of the deliberately ill-defined Los Angeles County Local Rules of Court, and a Court that holds its “Judgment Books or equivalents” as a "privileged" records and routinely denies any public access to such Books of Court that must be a Public Records in the first place, and on with
d. And on with Entry of Judgment that was deliberately made by Judges Connor, Segal, Friedman and others into a mystery act, where by both the spirit and the letter of the law Entry of Judgment must be a public act, and on with
e. Nov 2007 Short-notice Motion to Appoint Pasternak Receiver, that appears as deceptive conduct by Att Pasternak and Judge Segal in when viewed through transcripts that were heavily edited, and on with
f. Att Pasternak, under Judge Segal guidance, engaging in forcible entry into a private property, that is Zernik’s home on Peck Drive, Beverly Hills, while threatening Zernik with use of force if he resisted, and on with,
g. Att Pasternak, after Judge Segal’s recusal, issuing gag orders to restrict protected speech against Zernik to prevent him from legally defending himself against such aggression, in legal proceedings on Dec 7, 2007 before Judge Hart-Cole and Judge Collins, that defy any notion of Civil Rights, and on with,
h. Att Pasternak proceeding to engage in Taking of Private Property by a public agency for private use, possibly with the full knowledge of Judge Terry Friedman, but surely with the full knowledge of Judges Hart-Cole and Judge Collins, and on with
i. Att Pasternak engaging in recording of an adulterated legal document as a Grant Deed at the office of the Recorder/Registrar
[9] with no authority at all, and on with,
j. Att Pasternak’s misrepresentation to Samaan, to Mara Escrow, and to United Title, that he concluded a true and correct, legitimate transfer of title from Zernik to Samaan, and that way gaining control of Samaan's funds, and on with
k. Att Pasternak keeping the proceeds from the sale of the property under his own control, and drawing from such funds from time to time for his own personal gain and enrichment, also paying Countrywide, etc, all under a scheme to mislead Zernik, the true owner of the property, to believe that the Property was legitimately sold as part of the execution of a true, valid, entered judgment for specific performance.
a. Please provide reasonable explanation why Att Pasternak considers that the he is holding any of Zernik’s funds in the first place.
TIMED RESPONSE REQUESTED BY FRIDAY, JUNE 13, 2008, 5:00PM.
Sincerely,
Joseph Zernik
CC:
Att R Ormond- Counsel for Mara Escrow
Bank of America – Members of the Board’s Risk Reduction Committee
Bryan Cave, LLP - Counsel for Countrywide, Sandor Samuels, Angelo Mozillo
Commission on Judicial Performance – Re: Countrywide: Beyond financial Recklessness – corruption of the courts
FBI, Los Angeles – Sections on White Collar Crime, Racketeering, Public Corruption
FBI, Washington DC – White Collar Crime, Racketeering, Public Corruption, Sub-Prime Investigation
Media
Presiding Judge Czuleger – LA Superior Court
Sheppard Mullin - Counsel for Samaan
Supervising Judge Rosenberg – LA Superior Court, West District
Various Individuals and Organizations - Los Angeles Legal CommunityVarious Individuals and Organizations- Los Angeles Jewish Community
[1] http://www.bettzedek.org/thejusticeball/index.html - Bet Tzedek Web Site
[2] This Open Letter is meant in part as acting upon to Prof Erwin Chemerinky’s (Founding Dean, Univ of California, Irvine) protest of the Los Angeles “Culture of Silence” in his review of the Rampart Scandal Guild Practitioner, 121, 2000.
[3] Documents that are part of the evidence for claims listed here are posted at
http://inproperinla.blogspot.com/, and also at
http://home.earthlink.net/~jz12345/COUNTRYWIDE/[4] This letter is written in part to reliably inform the public, and also to reliably inform California Judges, so that they may exercise the requirements burdened upon them pursuant to the California Code of Judicial Ethics – to initiate action to prevent violations of Judicial Ethics by other judges or lawyers, once reliably informed of such violations. Additional evidence is provided on the referenced web site, and further evidence can be provided by email per request.
California Code of Judicial Ethics:
D. Disciplinary Responsibilities
(1) Whenever a judge has reliable information that another judge has
violated any provision of the Code of Judicial Ethics, the judge shall take or initiate appropriate corrective action, which may include reporting the violation to the appropriate authority.
(2) Whenever a judge has personal knowledge that a lawyer has violated
any provision of the Rules of Professional Conduct, the judge shall take
appropriate corrective action.
[5] http://www.courtinfo.ca.gov/rules/ - California Code of Judicial Ethics
E. Disqualification.
(1) A judge shall disqualify himself or herself in any proceeding in which disqualification is required by law.
(2) In all trial court proceedings, a judge shall disclose on the record
information that is reasonably relevant to the question of disqualification
under Code of Civil Procedure section 170.1, even if the judge believes there is no actual basis for disqualification.
[6] The record itself, that is an adulterated legal document, signed by Att David Pasternak is posted at
http://inproperinla.blogspot.com/[7] The record itself, that is a Judgment by Court pursuant to CCP §437c by Judge J Connor is posted at
http://inproperinla.blogspot.com/[8] Secretly Vacating, or Voiding of Public Judicial Acts:
According to Court records was exercised by all judges involved in this case, including:
Judge Jacqueline Connor:
a. Jan 30, 2006 - Order overruling demurrer on statute of frauds
Judge Terry Friedman:
a. Jan 30, 2008 - Order denying request to release funds – which would have terminated the appointment of Att Pasternak as well.
b. March 19, 2008 – Order refusing to disqualify for a cause while refusing to file a statement on the record regarding his ties to Samuels and Countrywide and possible financial benefits.
Supervising Judge Gerald Rosenberg:
a. Dec 26, 2007 – Order denying a series of requests to establish conditions meeting basic provisions of Due Process of the Law). Typically, it was done as a counter-measure for outrageous judicial acts in open court that blatantly defied the Law.
Judge Allan Goodman:
a. Oct 3, 2007 – Order of self-recusal after about a month of pressing with no valid assignment order, and confirming his long term close friendship with Sandor Samuels.
Judge Lisa Hart-Cole:
a. Dec 7, 2007 – Order recusing self per peremptory challenge
Technically – such voiding or vacating is executed in the “privileged” Court record in “Sustain” – the Los Angeles Superior Court’s Case Management System, which is an instrument of fraud on the public. Apparently, the judges believe that secretly voiding their own outrageous public judicial acts absolves such transgressions (like lying with your fingers crossed behind your back).
There are also good reasons to assume, or at least entertain the doubt, that such beliefs are also shared by the Justices of the California Court of Appeal, who most likely are privy to the Electronic Court File records in Sustain (which parties and counsel never see), as an “informal brief”, with no notice to parties.
It is entirely reasonable to assume, or at least entertain the doubt, that such beliefs are also shared by the California Commission on Judicial Performance, which never shares with the public the input received from the Judiciary in response to Public complaints.
Review of Sustain records, which are not shared with Counsel and Parties, also reveals that the Los Angeles routinely engages in misrepresentation of Court Records through: – a. back-dating of records, b. entering minute orders into the electronic Court File records with no counterparts in the paper Court File records, and though such secret records, supplementing the Court File record with false and deliberately misleading information. If each such act is deemed Predicated Act per RICO (18 U.S. Code §1061- 1968), then Samaan v Zernik (SC0875400) has sufficient fully documents Predicated Acts to convict the LA Superior Court many times over.
A few examples:
a. Nov 1, 2005 Minute Order Reassigning the Case to Judge J Connor, thus dated in Public Record, is truly dated Jan 30, 2006 in the Electronic File records.
b. Jan 30, 2006 Demurrer on Statute of Frauds: was OVERRULED in Open Court by Judge J Connor, but was both GRANTED and VACATED in Electronic File Court records.
c. July 6, 2007 Gag Order Proceedings by Judge J Connor, to benefit Countrywide, held in open court, were defined in Electronic File Court records as “off the record” proceedings.
[9] Supervisor in the Real Estate Recording Department of LA Registrar/Recorder explained that since March 2008 the department no longer accepts records with white-outs in notary’s acknowledgement section (other parts - white-outs are still apparently ok)
