Tuesday, September 2, 2008

08-09-02 Frauds Medieval AHRC paper

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BEVERLY HILLS HOMEOWNER, ROBBED BY LOS ANGELES SUPERIOR COURT THROUGH “FRAUDS MEDIEVAL” LAUNCHED CIVIL RIGHTS PETITION - TO OPEN THE BOOK OF JUDGMENTS BY OCT 9, 2008,AND TO APPOINT A U.S. SPECIAL COUNSEL TO INVESTIGATE THE CONDUCT OF LOS ANGELES SUPERIOR COURT - FROM RAMPART TO BEVERLY HILLS.
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“What starts at the Rampart comes back to roost in Beverly Hills…and also plays out in Calabasas – where Countrywide is based…” Joseph Zernik asks:
“Please support our efforts by responding by email to the petition, copied at the end of the story.”
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Joseph Zernik
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Summary:
Robbed Beverly Hills homeowner Joseph Zernik is tied for the third year by litigation in the Los Angeles Superior Court. In court papers he details multiple layers of frauds by plaintiff, Samaan and Countrywide. Zernik also describes frauds, which in court papers he claims were perpetrated by the court itself, and which he terms “Frauds Medieval”. Zernik says that those who perpetrated the frauds were all professionals in the field: Plaintiff - Nivie Samaan, realtor; Attorney Mohammad Keshavarzi – from Sheppard Mullin – counsel for Plaintiff; Countrywide Home Loans, Inc- the troubled sub-prime lender; Sandor Samuels – Chief Legal Counsel of Countrywide; and Jacqueline Connor – Judge, best known for the First Rampart Trial. At present Zernik claims in court papers that he is subject to – “Judgment Fraud” – yet another Fraud Medieval by the court: The court claims it executed a valid, effectual, entered Judgment, but the problem is you cannot see it... since the Court is hiding the Book of Judgments from public access, abusing First Amendment rights…


“I call them Frauds Medieval”, says robbed Beverly Hills homeowner Joseph Zernik “but in Los Angeles Superior Court they are still in fashion”. He explains that in that term he refers to courtroom frauds that have been known for hundreds of years, and require collusion by a judge or a clerk, and are based on disappearance, appearance, or switching of papers or other litigation essentials. “For example – Statute of Frauds Fraud… when you sue somebody for breach of contract on real estate, but you do not provide any copy of the written contract in your complaint. Such frauds are almost as old as the mountains…” Says Zernik, jokingly “please mention that the mountains here are just as a manner of speech, I don’t mean that literally...
So Samaan filed a complaint…, but with no contract in it. “
In court papers, Zernik claimed, that the underlying transaction, in 2004, was based entirely on frauds by Samaan, and in litigation, she added to that fraud documents from Countrywide. Letters of opinion by fraud specialists are attached to this story, where they state: a) that the loan broker signature on Samaan’s Prequalification Letter was forgery, b) that the loan broker signature on her loan applications were another case of forgery. In both cases – no loan broker signed the records, as represented. Moreover, in deposition she acknowledged that she never even talked with him.
“For example, on the fraud of the Prequalification Letter” says Zernik – “Both FBI and the Department of Real Estate told me that it is enough to throw the case out of court, it’s called Fraudulent Inducement. It was proven beyond any doubt. But then Judge Connor, in summary judgment did not deny it took place, but ruled that it was ‘Red Herring’. I thought of proposing it as a new type of adjudication, possibly together with ‘Tuna Salad’” jokes Zernik.
Beyond that, the litigation was based on false documents provided by Countrywide. Among the attached documents is a key record that was represented by Countrywide and Samaan as an Underwriting Letter dated October 14, 2004. A nationally recognized fraud specialist provided a letter of opinion that the Underwriting Letter is dated October 26, 2004. Moreover, Court papers show that Zernik’s attorney objected to this record, since this record was unsigned, and unauthenticated, and should never have been admitted as evidence by any judge. Furthermore, Judge Connor allowed it to be entered as evidence in Sur Reply,”…it is unheard of… Judge Jacqueline Connor ruled everything upside down, you can only wonder why.” Says Zernik.
Furthermore, in court papers, Zernik claims that from her first day as presiding judge in this case, Judge Jacqueline Connor was generating fraudulent litigation records in the case, which he claims, means that most likely the case was designed for fraud even before claims were filed…
“Right at the beginning, my attorney filed a demurrer on Statute of Frauds,one of the Frauds Medieval, since Samaan failed to include any contract in the complaint. Judge Connor denied the Demurrer. Then during discovery, there were six (6) different version of the contract…somebody was having a field day…but Samaan would not state which is the contract that she was suing about. Then Judge Connor allowed her to enter a fraudulent document produced by Countrywide as the contract, in Reply brief on Summary Judgment motion. It is entirely abusive to allow such central evidence in the last minute, when the other party does not have time to respond – straight from the middle ages - classic Statute of Frauds Fraud” says Zernik. “Samaan also never authenticated that record, since it was fraud. I objected, I described the fraud in that record in great detail in court, but Judge Connor admitted it as evidence.”
Moreover, court records show that on the day that Judge Connor was hearing summary judgment Zernik already had on the schedule a motion for sanctions for frauds against Att Mohammad Keshavarzi, from Sheppard Mullin. The transcript also shows that Zernik explained that fact to Judge Connor during the hearing. And still - Judge Connor ruled that there was no material disputable fact in the case as a whole. “Such ruling is required for the ruling of Summary Judgment.” Says Zernik. “I believe that the conduct of Attorney Keshavarzi, upon review by an honest court would be deemed racketeering, he was knowingly, repeatedly filing these false records”.
“But that was only the beginning…” Says Zernik. “Now that we went back and managed to get many of the records that the court was hiding, we find that Judge Jacqueline A Connor recorded the Demurrer, once as :GRANTED, once as OVERRULED, and once as a decision that was vacated. Three different contradictory records from the same day for the adjudication of one action! That is not the only time either. There are numerous such contradictory records in this case.”
“It is almost a year now, and we are still dealing with her Judgment Fraud. That is another Fraud Medieval” Says Zernik.. “That is why they invented the Book of Judgments in the first place - as a public record that is open to all - so that no party would be able to play games with the judgment- and to ensure that the judgment is final.”
According to California law, CCP §664, the judge has to create and sign two copies of the judgment. One copy goes into the court file, like any other record, but the second copy needs to be entered into the Book of Judgments. If the second copy is not entered into the book of judgment the judgment is not valid, and also not final, it can still be changed, but it is not “effectual” for execution.
“It all sounds very simple. But then it turned out the Los Angeles Superior Court has been denying access to its Book of Judgments for a long time” Says Zernik.
“We estimate that it has been 25 years, since the public was allowed access to the Book of Judgments, as required by law” Says Zernik.
The estimate is based on statements by the clerk’s office that the Book of Judgments, in a traditional paper form was eliminated when the court introduced its computer system “Sustain”. That happened by estimate about 25 years ago. And the Los Angeles Superior Court denies any public access to that system. ”that is also clearly in violation of the law” says Zernik. In court papers he claims that the public has the right to inspect all these records both by U.S. Constitution, and also by California Constitution, California Public Records Act, California Rules of Court, etc. He also claims that he appeared a number of times before the Supervising Judge of Santa Monica Courthouse, to demand to inspect such records. ”He answered to my request by saying: ‘Sustain is privileged- for the court only’” says Zernik “and that is a violation of my civil rights and also a violation of U.S. law. Not only is he denying me the right to see my own litigation papers, he is also inventing an unwritten rule of court. That is prohibited by U.S. law for any court in the U.S. – State or Federal.”
“Basically, they created conditions where you cannot see if the judgment was entered or not.” Says Zernik “the court brought justice in Los Angeles back to the medieval times…”
In court papers, Zernik describes the right to inspect and to copy court documents, as a First Amendment right, and that such right was confirmed in Nixon v Warner Communications by the U.S. Supreme Court. In court papers, Zernik claims that the Los Angeles Superior Court is violating the First Amendment rights of the 9.5 million people that it claims to serve, and that it has been doing so for an estimated 25 years!
Zernik explains that the idea of Book of Judgment, as a public record that is open to all to see, was invented hundreds of years ago, as part of what later became Common Law: “ It is a very simple, but very effective way to prevent frauds in the court” says Zernik,“ and if you come to think about it, what interest is there for an honest court to hide its Book of Judgments?” asks Zernik.
He states in court records that he asked in writing numerous times, both the Presiding Judge of the Court and the Clerk, who by law is supposed to keep the Book of Judgment and allow the public to inspect and to copy it. But he was always denied the right to access the Book. Moreover, he requested the Presiding judge to certify (as required by law – you are entitled to obtain a certified copy of any court document for a small pay) either a copy of the judgment from the Book of Judgment, as a proof that the judgment is there, or otherwise to issue a certificate that there is no such judgment in the Book. The Court is refusing to issue either.
“But I managed to get around that too…since it is now over a year, I went to the archives, where they keep microfilm backups of key court records, just in case.” Obviously, the Book of Judgments is a key court record. ”I searched and copied all the judgments that were entered on Aug 9, 2007, the day my judgment was supposed to be entered, and also the judgments from neighboring days, but there was no judgment in my case. Then I asked the clerk to help me, and he tried to find it, but it was not there, Finally he looked at his computer, in “Sustain” – the system that they claim is “privileged”, and he told me I must call an attorney immediately, since no judgment was entered in my case, and it was clearly marked in Sustain.”
“There is no other explanation for the conduct of Judge Connor, and the office of the Presiding Judge of the Court is colluding with her. It is crude fraud, the kind that you would expect from a thug…they claim that there is a judgment, but I am not allowed to see it…I could never believe something like this could take place in the U.S. in our time…” says Zernik “Judge Jacqueline Connor and the Los Angeles Superior Court are straight from medieval times.”
Such conduct, Zernik states in court papers, is likely to be deemed criminal acts, once reviewed by an honest court: The court forced Zernik to leave his home under threat of force, the court forcibly entered the property, the court sold Zernik house. And the Court never gave Zernik any of the proceeds of the sale. “I have not seen a penny”
Moreover, Zernik found out that the title was transferred in a manner that would be deemed, when reviewed by another court, a real estate fraud (see attached document, where a veteran FBI agent reviewed the documents).
“Why would a court get involved in a title fraud if they have a valid judgment?” asks Zernik. He says: “The fact that the court had to use fraud on the grant deed is the best proof that the court knew that it had no valid judgment. That means that they committed all these misleading acts intentionally, and that is clearly fraud”.
Moreover, in court papers Zernik claims that he believes his case is not unique at all. The only difference is that he had no attorney. Had he had an attorney at that time, he would never know any of the details that led him to explore the various issues that led to the determination that there was fraud involved here.
“No attorney would tell you that the Los Angeles Superior Court is engaging in real estate frauds… at least none of the attorneys that I have engaged or interviewed for engagement”, says Zernik. ”In fact, in court papers I claim that Judge Jacqueline Connor’s conduct in my case amounts to racketeering from the bench. She deliberately entered false litigation records, with no notice to parties, and then she engaged in elaborate game that took over three weeks of trying to make it as unclear as possible whether judgment was entered or not. But it was meant to be simple – you just look in the book. Or in this case – you just look on the computer screen...except that they created a system where you are not allowed to look at the records... it is such a basic and crude violation of civil rights that it took me time to believe it was happening to me…”
“What is most worrisome, is that you cannot get police or FBI to investigate Judge Connor” says Zernik. “Both the FBI and Beverly Hills Police are refusing to investigate, also – California District Attorney Office. Even the office of California Attorney General Jerry Brown, who is trying to run for governor. Jerry Brown’s office issued a letter by a Special Assistant to Jerry Brown, named Thomas Greene, that this is a private matter. In discussion with Mr Greene it became apparent to me that he had a conflict of interest and should have removed himself from this matter. I demanded a statement on the record regarding conflicts, or lack thereof – but he refused to provide one. And yet – he issued a letter stating that this is a private matter, and refused to investigate – even with all the preliminary investigations that I produced. I am surely never going to vote for Jerry Brown for Governor… he betrays the office he occupies…”.
Zernik points out a unique exception:
“The only exception on the opposite side is my Congresswoman, the Honorable Diane Watson, a courageous woman, who puts the true interests of her people – we the voters - above all else! She initiated inquiry with the office of the Director of FBI”
Zernik relates this dire situation to the role of Judge Jacqueline Connor in the First Rampart Trial in 2000. It was reported in all media at the time, that Judge Connor presided in the First Rampart Trial, in 2000, where several police were prosecuted for abuses of civil rights of the people.
Erwin Chemerinsky, the founding Dean of the new Irvine Law School and a civic leader described it as follows:
“Any analysis of the Rampart scandal must begin with an appreciation of the heinous nature of what the officers did. This is conduct associated with the most repressive dictators and police states. “
“…and judges must share responsibility when innocent people are convicted.”
“..it is telling that there is virtually no reference in the Board of Inquiry Report to the “code of silence” described by the Independent Commission on the Los Angeles Police Department.”
“No single reform can be sufficient. Reform is not an event, but a process that will take many years to complete. The hope is that this crisis provides a unique opportunity for reform. This opportunity must not be squandered. This report is written with the strong belief that reform is possible and that future Ramparts can and must be prevented."
Chemerinsky 57 Guild Prac. 121 2000
And professors from Loyola law school published a paper stating as follows:
“…judges tried and sentenced a staggering number of people for crimes they did not commit. How could so many participants in the criminal justice system have failed either to recognize or to instigate any meaningful scrutiny of such appalling and repeated perversions of justice?”
“…we felt a particular obligation to ensure that no aspect of the Los Angeles criminal justice system, including the lawyers and judges, escaped scrutiny. A law school, with its concern for all aspects of the justice system, is the obvious place for such an examination.”
David W. Burcham, and Catherine L. Fisk, Loyola Law School, Los Angeles, 2000
Prior to the time of the First Rampart trial, Judge Jacqueline Connor was routinely involved in criminal prosecutions brought by Rampart Police, in news paper report she is also described as having issued a death sentence in a criminal case.
The question of the validity of the criminal convictions was a central question in the Rampart trial itself. Newspaper reported that at the end of the trial some 150 people were released from long term sentences…
“That was a paradox to me in the first place, how could she preside in a trial that could end up reviewing her own decisions in criminal cases brought by the very same police?”. Say Zernik.
If you read reports from the trial, she limited the discovery and evidence that could be entered in that trial.
At the end of the trial, the Jury found three of the four police guilty, and sentence them for prison terms. On December 22, 2000, Judge Jacqueline Connor overruled the jury verdict, and freed the three police involved. That act is described in news reports from that year as “unprecedented.”
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“My case holds high public policy significance” says Zernik. ”Not because of the elaborate frauds by Judge Jacqueline Connor that I claim in my case, and not because of the fact that I claim that combined with the illegal hiding of the Book of Judgments, and combined with the illegal “privileged” computer, it shows a racketeering organization in the Los Angeles Superior Court, which has been going on for decades..,”.
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These are not only financial crimes, these are also severe violations of my civil rights. I have been trapped in court since 2005, and my losses are over $2.0 millions now, in a case that any reasonable person would say is fraud from start to end. And it is abuse of my civil rights by the U.S. constitution – for Due Process, for Free Speech, and for Possession. The Los Angeles Court behaves like we never got the Bill of Rights…
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“But that still is negligible compared to the significance of my case as a new way to evaluate what happened in Los Angeles in 2000 relative to the First Rampart Trial. The violations of civil rights in that trial were of entirely different magnitude. And that trial, and its aftermath, are clearly a defining event in the urban history of Los Angeles, and also in the history of the Justice System in the U.S.”
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"My case shows the direct relationship between abuse of the civil rights of a homeowner in Beverly Hills, and civil rights violation of different proportions, as seen in the Rampart neighborhood, and on the other hand – it is tied directly to the leadership of Countrywide, also residing in Los Angeles County, which is a main culprit in the sub-prime crisis, which I think most people will never be able to comprehend the cost of that to our country…. "
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"It is because of the Rampart case that I am asking the public to support the petition I have released this weekend – to open the Book of Judgments, and to appoint a U.S. Special Counsel to investigate the Los Angles Superior Court”.
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“The Consent Decree that was entered by the U.S. government and the City of Los Angeles in June 2001 placed a U.S. Judge as Overseer of the LAPD, but it neglected to do the same with the Los Angeles Superior Court, which was as much to blame.”
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Submitted with this paper as online records in support of claims:
1) Fraud expert letter in re:
Sept 7, 2004 Pre-qualification Letter presented by Samaan, purported to be signed by Loan Broker Victor Parks.
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2) Fraud expert letter in re:
Sept 27, 2004 Loan Applications (1003) submitted by Samaan to Countrywide, and produced by Countrywide in legal subpoena production, purported to be signed by Loan Broker Victor Parks.
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3) Fraud Expert Letter in re:
Oct 26, 2004 Countrywide Underwriting Letter, unsigned, unauthenticated, purported in court by Samaan and Countrywide to be an Oct 14, 2004 valid Countrywide Underwriting Letter, and admitted as such by Judge Connor, overruling evidentiary objections, but producing no written evidentiary rulings. Sandor Samuels, chief legal counsel of Countrywide at the time, and immediate past president of Bet Tzedek, refused to stop the fraud, even after numerous requests.
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4) Fraud expert letter in re:
Grant Deeds presented and approved in court on Dec 7, 2007, and registered in Office of Registrar/Recorder on Dec 17, 2007, by Court Officer, Bet Tzedek former President – Attorney David Pasternak.
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EMAIL ADDRESS FOR THE PETITION IS: 1stamendmentLA@gmail.com
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THE WEB SITE OF THE PETITION IS: <
http://inproperinla.blogspot.com/>
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HELP US OPEN THE BOOK OF JUDGMENTS
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"The judgment was set and the books were opened" Daniel 7:10.
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OUR GOAL IS TO OPEN THE BOOK OF JUDGMENTS OF LA SUPERIOR COURT BY OCTOBER 9, 2008... TO BRING LA BACK INTO THE FOLD OF THE U.S. CONSTITUTION...
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Hi,
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I find myself against my will in the role of civil rights activist... but I accepted it by now as my karma, must have been in my stars… I believe that the issue I raise here - severe violations of civil rights, and violations of the very basic paradigms of honest courts (First Amendment rights of open books of court and open court files - as public records) by the LA Superior Court, for an estimated 25, years are astonishing...
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Did nobody ever notice it?
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The exact same question was repeatedly asked after the Rampart scandal, and in a way it reminds us of the relationship between the two issues.This is Joseph Zernik, writing from Los Angeles, California, where for almost 3 years I have been abused by Los Angeles Superior Court judges.
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Additional information can be found further below.
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Also in our Petition blog: http://tikkunla.blogspot.com/
And yet more information in my personal blog:
http://inproperinla.blogspot.com/ .
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Petition Instructions- it’s as easy as 1… 2…
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1) Please complete the petition form, copied below, and email it back to this address: <1stamendmentla@gmail.com>.
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2) Please pass this email on.
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TIKKUN LA 2008.
PLEASE JOIN OUR PETITION
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1) Demanding that the Los Angeles Superior Court restore by October 9, 2008 a Book of Judgment - public record open for all.
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2) Requesting that the U.S. Justice Department appoint a Special Counsel to investigate wide-spread abuses of civil rights by the Los Angeles Superior Court.
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Please email to us before October 9, 2008 at 1stamendmentLA@gmail.com the form below, once completed, or enter the following data in any of the Comments at the bottom of the postings on our blog <http://tikkunla.blogspot.com/>:IRS non-profit application in progress. No fund raising is done until such approval is obtained.
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TIKKUN LA 2008
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1) Name ___________________________________
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2) Phone __________________________________
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3) Address_________________________________
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4) Email___________________________________
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5) Statement (if true and correct):"I am over 18 years old, and a U.S. Citizen." Y / N
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6) Please add my name to TIKKUN LA 2008 Petition, asking Presiding Judge Stephen Czuleger:"Please uphold the U.S. Constitution, and please be faithful to your oath of California judge."--- Y / N
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7) Please add my name to TIKKUN LA 2008 Petition, asking U.S. Department of Justice:Please appoint a SPECIAL COUNSEL to investigate violation of the civil rights of 9.5 millions in LA County by the LA County Superior Court it" Y / N
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No requirement of California or LA residency for joining in our petitions. Please help by adding you voice... and passing this on to friends... read more below...
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Joseph Zernik
TIKKUN LA

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Additional Background Information
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What is described below is medieval, crude frauds by the courts on litigants, especially in the areas of real estate. I believe that:
Any litigation in the SANTA MONICA COURTHOUSE in the last 25 years, in real estate matters, on claims of "Specific Performance" pursuant to "Equity Rights", should be held suspect as a case of racketeering by the court.
Any real estate case in the LA SUPERIOR COURT, where ATT DAVID PASTERNAK was involved as Receiver or Master, or Referee, should be deemed suspect case of racketeering by the court.
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Any case where COUNTRYWIDE or any of its subsidiaries or affiliates were party to litigation in the same court house should similarly be held suspect.
This petition is part of combined efforts to enforce compliance with civil rights pursuant to the U.S. Constitution on the Los Angeles Superior Court. Since 2001 a U.S. OVERSEER - a Federal Judge, the HONORABLE GARY FEESS - is in place to monitor civil rights compliance by the Los Angeles Police Department. But the court, which according to the reports from that period was just as much part of the problem - was left in the CONSENT DECREE negotiated by the U.S. ATTORNEY, CENTRAL DISTRICT OF CALIFORNIA with no supervision, and as seen here - continues its abuses.More disturbing yet is the role of the FBI in lawlessness in Los Angeles. The FBI is listing Los Angeles as the "epicenter" of a national "epidemic" of real estate and mortgage fraud. The FBI has refused to investigate my complaints for a year and a half, since it involved judges. That is when my complaints included critical evidence regarding Countrywide, when Countrywide is at the focus of FBI attention at the national level.
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After inquiry by t he HONORABLE DIANE WATSON, CONGRESSWOMAN* led to a letter from ASSISTANT DIRECTOR KAISER of the FBI in Washington DC, which asked Zernik to re-submit his complaint to the Los Angeles FBI. Even after that, Zernik was informed that the FBI would not investigate, since he included judges in the complaint.
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The conduct of JUDGE JACQUELINE CONNOR in this case cannot be separated from her role in the FIRST RAMPART TRIAL. And the role of the FBI in my case, cannot be separated from the role of the FBI in the RAMPART CASE. The conduct of Judge Jacqueline Connor must also be viewed in the context of the rampart trial.
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My case involves severe violations of civil rights for Free Speech, for Due Process, and for Possession. And surely it is not the only real estate case of its kind in this court house. But it is insignificant compared the violations of civil rights revealed in the Rampart case.
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ERWIN CHEMERINSKY, FOUNDING DEAN. IRVINE LAW SCHOOL, and a Los Angeles civic leader wrote:
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“Any analysis of the Rampart scandal must begin with an appreciation of the heinous nature of what the officers did. “
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“…and judges must share responsibility when innocent people are convicted.”
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“No single reform can be sufficient. Reform is not an event, but a process that will take many years to complete. The hope is that this crisis provides a unique opportunity for reform. This opportunity must not be squandered. This report is written with the strong belief that reform is possible and that future Ramparts can and must be prevented."
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Erwin Chemerinsky, 2000
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DAVID W. BURCHAM and CATHERINE L FISK, LOYOLA LAW SCHOOL, wrote:
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“…judges tried and sentenced a staggering number of people for crimes they did not commit. How could so many participants in the criminal justice system have failed either to recognize or to instigate any meaningful scrutiny of such appalling and repeated perversions of justice?”
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“…we felt a particular obligation to ensure that no aspect of the Los Angeles criminal justice system, including the lawyers and judges, escaped scrutiny. A law school, with its concern for all aspects of the justice system, is the obvious place for such an examination.”
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David W. Burcham, and Catherine L. Fisk, Loyola Law School Symposium, Los Angeles, 2000
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This is what this petition is trying to correct - we urgently need Federal review of the LA Superior Court, and the FBI in Los Angeles need to be supervised by either the Overseer of the Rampart, or a Special Counsel we hope will get appointed.In my case:
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The judges of the court preside with no assignment orders, transferring the court file from judge to judge in disregard of the law, and with no authority and no jurisdiction at all.
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They hide the books of court - claiming that there is a judgment in my case, but the Book of Judgments is hidden, and the entered judgment cannot be seen.
<Judgment Fraud>
They keep double books of litigation records, with secret files, hidden from the public, back-dating and vacating orders with no notice to parties.
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Secret Invalidation of Minute Orders>
They refuse to notice orders they issue or vacate from chambers.
They stole my house - see in my blog photocopies of fraudulent Grant Deed registered by the court in the Office of Registrar.
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Grant Deed Fraud>
They issued 3 gag orders on me - for Countrywide, for Mara Escrow, and for United Title - all large companies involved in real estate fraud in my case.
The main judge in my case engaged in repeated fraud in generating double books of litigation records - one on paper, and the opposite, hidden from the public - in court's computer
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Claims Against Connor>I am grateful for each and every reply - each one counts, and our goal is 10,000 responses by October 9, 2008.
It takes a minute to respond, and you are very likely to make a substantial difference in the life of 9.5 millions living in Los Angeles County. We already have one Federal Overseer for civil rights in place, appointed in 2000 after the Rampart scandal. But his appointment was focused on the police. The court, which was equally to blame, and the FBI, were mostly left out...

Joseph Zernik









Saturday, August 30, 2008

The Rampart Scandal (1999-2001) as Paradigm- LA's Contemporary Urban History

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"THE JUDGMENT WAS SET AND THE BOOKS WERE OPENED" Daniel 7:10

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The Rampart (1999-2001) as the Paradigm-

LA's Contemporary Urban History

And Connor surely has a specific role in it.

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It took me time to accept it, but the key to it all is in the Rampart and its aftermath, and before that - Shakur:




* 1991 - Rodney King beating and riots.



* 1992 - entrepreneur Peter Ueberroth led an effort to rebuild South Los Angeles after the 1992 riots that followed the acquittal of the officers who attacked King.

* 1994 - high-power attorney Warren Christopher headed a commission that investigated the beating of Rodney G. King by Los Angeles police officers.


* September 7, 1996 - Shakur shot

"Shakur was shot four times in a drive-by shooting in Las Vegas, and died six days later of respiratory failure and cardiac arrest at the University Medical Center.[5]"

wikipedia


* 1997-98 - Charter Reform Commission

Attempts to restructure the power structure in Los Angeles.

From LATimes, Noam N. Levey July 31, 2004


* Jan 1999- Charter reform approved

Charter Reform Commission popular vote approval. His steady determination to craft a compromise was instrumental in enacting the first substantive change to the Los Angeles City Charter in 75 years, according to Kieffer and others.

From LATimes, Noam N. Levey July 31, 2004


*1999 - Beginning of rampart investigation
"Chemerinsky berated Riordan and then-Police Chief Bernard C. Parks for stonewalling investigations, at one point commenting, “There has been no way whatsoever in which Riordan has been a force for positive change in the Police Department.”

From LATimes, Noam N. Levey July 31, 2004

* 2000- Rampart Trial
Chemerinsky was called upon by the Los Angeles Police Protective League to prepare an analysis of the Police Department. produced a 154-page report – subsequently endorsed not just by the police union, but also by civil rights lawyers.

From LATimes, Noam N. Levey July 31, 2004

* 1998 - "code of Silence"


U.S. District Judge Letts is on the record regarding LAPD "Code of Silence"


LA Times


* 1999-2000 - Rampart investigation and trial
“Any analysis of the Rampart scandal must begin with an appreciation of the heinous nature of what the officers did. “
“…and judges must share responsibility when innocent people are convicted.”
“No single reform can be sufficient. Reform is not an event, but a process that will take many years to complete. The hope is that this crisis provides a unique opportunity for reform. This opportunity must not be squandered. This report is written with the strong belief that reform is possible and that future Ramparts can and must be prevented."

“No single reform can be sufficient. Reform is not an event, but a process that will take many years to complete. The hope is that this crisis provides a unique opportunity for reform. This opportunity must not be squandered. This report is written with the strong belief that reform is possible and that future Ramparts can and must be prevented.


Erwin Chemerinsky, 2000



* June 19, 2000 - Police Chief Bernard Parks Granddaughter shot



2000- Loyola Law School Symposium


…judges tried and sentenced a staggering number of people for crimes they did not commit. How could so many participants in the criminal justice system have failed either to recognize or to instigate any meaningful scrutiny of such appalling and repeated perversions of justice?”
“…we felt a particular obligation to ensure that no aspect of the Los Angeles criminal justice system, including the lawyers and judges, escaped scrutiny. A law school, with its concern for all aspects of the justice system, is the obvious place for such an examination.”


David W. Burcham, and Catherine L. Fisk, Loyola Law School Symposium, Los Angeles, 2000

*September 2000 - Independent committe report


The Los Angeles Police Department’s deepest problem is an internal culture that not only gave rise to the Rampart corruption scandal, but also tolerated it, according to the author of a new, highly critical study of the LAPD.
Moreover, the report’s principal author says, the department’s culture–defined as its unwritten rules, codes, values and outlooks–must be changed before Los Angeles can expect meaningful police reform.
Erwin Chemerinsky, a constitutional law professor at USC, undertook the analysis on behalf of the Police Protective League union, which sought an independent review of the LAPD’s internal Board of Inquiry report.


LA Times, Beth Shuster September 09, 2000

* December 22, 200o - Connor overrules jury verdict


"in a highly unusual move, Connor released a 19-page ruling in which
she wrote that the jury's verdict had been compromised by an apparent
misunderstanding of a common phrase of police slang, and that she had committed a "fatal error" by not recognizing the misunderstanding."


Twila Decker and Henry Weinstein, LA Times


* January 2001 -
Los Angeles County Dist. Atty. Steve Cooley announced Thursday that he will
appeal a judge's order throwing out convictions of three LAPD police officers
accused of framing gang members--keeping alive the first prosecution in an ongoing investigation into corruption at the LAPD.
"We believe Judge Connor erred in her ruling overturning the jury verdicts
convicting Sgts. [Edward] Ortiz and [Brian] Liddy and Officer [Michael] Buchanan
," Cooley said in a short statement released with the notice of appeal.
The appeal could take up to a year for the state Court of Appeal to resolve,
according to legal experts who say it will be difficult for Cooley's office to win given that the judge has partly blamed herself for an error that led her to throw out the convictions.


Twila Decker and Henry Weinstein, LA Times


* 2001 - Business as usual
“Beyond Scandal: The Rampart Corruption Incident as 'Business-as-Usual' in LA”


Jason E. Whitehead, 2001


* 2002 - Mayor Hahn refuses to reappoint Police Chief Parks



* 2007 - Consent Decree

Evaluation


* July 12, 2007 - Zernik's 1st disqualification for a cause v. Connor

In reviewing Samaan v Zernik, one cannot skip the July 12, 2007 Disqualification for a cause. At that time Defendant Zernik knew nothing of Connor's role in the Rampart trial. And yet he filed a disqualification for a cause, based on analysis of her conduct in trial, and concluded that errors that she made, and which could appear to others as innocent, could not be such, simply because of statistical reasons. The errors defied randomness - they were clustered, and their effect is always the same - detrimental to Defendant. Random errors should be more evenly distributed in their effect.

Upon being served, and as if to prove the point, Connor erroneously ruled that the filing, disqualification for a cause per CCP §170.3, was in fact an untimely filing of a peremptory challenge per CCP §170.6, therefore struck.

08-08-30 tikkun la 2008 - launched

.
.
.
"THE JUDGMENT WAS SET AND THE BOOKS WERE OPENED" Daniel 7:10
OUR GOAL IS TO OPEN THE BOOK OF JUDGMENTS OF LA SUPERIOR COURT BY OCTOBER 9, 2008... TO BRING LA BACK INTO THE FOLD OF THE U.S. CONSTITUTION...

We launched today a separate site, separate blog, separate email address for Tikkun LA 2008. Take a look: http://tikkunla.blogspot.com/

PLEASE JOIN OUR PETITION
  1. To demand that the Los Angeles Superior Court restore by October 9, 2008 a Book of Judgment - public record open for the public at large to inspect and to copy.
  2. To request that the U.S. Justice Department appoint a Special Counsel to investigate wide-spread abuses of civil rights per the U.S. Constitution by the Los Angeles Superior Court "under the color of law".

Please email to us before October 9, 2008 at 1stamendmentLA@gmail.com the form below, once completed, or enter the following data in any of the Comments at the bottom of the postings on our blog <http://tikkunla.blogspot.com/>:

TIKKUN LA 2008

1) Name ___________________________________

2) Phone __________________________________

3) Address_________________________________

4) Email___________________________________

5) Statement (if true and correct):

"I am over 18 years old, and a U.S. Citizen." --Y / N

6) Please add my name to TIKKUN LA 2008 Petition, asking Presiding Judge Stephen Czuleger:

"Please uphold the U.S. Constitution, and please be faithful to your oath of California judge." --- Y / N

7) Please add my name to TIKKUN LA 2008 Petition, asking U.S. Department of Justice:

”Please appoint a SPECIAL COUNSEL to investigate violation of the civil rights of 9.5 millions in LA County by the LA County Superior Court it" -- Y / N

No requirement of California or LA residency for joining in our petitions. ----Please email to friends and relatives across the U.S.Please help by adding you voice... and passing this on to friends... read more below...

WE ARE CONFIDENT IN OUR SUCCESS! BUT WE NEED YOUR HELP NOW!

Thursday, August 28, 2008

08-08-28 tikkun

"THE JUDGMENT WAS SET AND THE BOOKS WERE OPENED" Daniel 7:10דניאל ז,י : פְּתִיחו וְסִפְרִין , יְתִב דִּינָא
OUR GOAL IS TO OPEN THE BOOK OF JUDGMENTS OF L.A...
TO BRING L.A. BACK INTO THE FOLD OF U.S. CONSTITUTION...
TIKKUN L.A.
October 9, 2008
_________________ ___________________
THE BELL & THE SHOFAR
FOR JUSTICE AND LIBERTY IN L.A.

Q: How can I help transforming Justice in Los Angeles by October 9, 2008?
A: By helping efforts to restore First Amendment Liberties for the 9.5 millions living in this county!

Willing to help? Email us at 1stamendmentLA@Gmail.com
© 2008 joseph zernik

Monday, August 25, 2008

08-08-25 Claims against Jacqueline Connor




CLAIMS AGAINST LA SUPERIOR COURT, JUDGES & OFFICERS:

JACQUELINE CONNOR, JUDGE

The claims listed below are such that can be easily proven independently from each other, based on records of the court itself. And yet, combined - they provide the necessary solid base for the unifying claims of racketeering from the bench. One must realize that with one unifying claim of racketeering, and some 36 independent claims for abuse of civil rights of a U.S. citizen by official of the State, under color of law, we provide a reliable foundation to support the racketeering claim. However, this is by no means an exhaustive list of claims from the records of Samaan v Zernik - these are just the ones that immediately came to mind.

UNIFYING CLAIM:

Claim #1 – Racketeering from the bench.

  • Running Samaan v Zernik (SC087400) to appear as a true LA Superior Court litigation, when in fact it was a racketeering enterprise litigation, under the guise of court litigation.
  • Conspiring with Samaan, Jae Arre, Countrywide, and others, to engage in real property fraud against Zernik, under the guise of Specific Performance, real property rights litigation, of the LA Superior Court.
A. VIOLATION OF CONSTITUTIONAL FIRST AMENDMENT RIGHTS

Claim #1 – by allowing and running on July 6, 2007 and July 23, 2007 hearings by Countrywide for a purported
Protective (gag) Order, “off the record proceeding”, per the Register of Actions


Claim #2 - by denying access to court file from November 2005 till August 2067.

Claim #3 - by claiming to enter judgment into a Judgment Book that is not a public record, with no access to the public.

B. VIOLATION OF CONSTITUTIONAL RIGHT FOR DUE PROCESS
Claim #4 – by entering into the record a fraudulent Nov 1, 2005 Minute Order-Assignment Order by Judge LINDA LEFKOWITZ; in fact – dated Jan 30, 2006, a time when Judge LINDA LEFKOWITZ was no longer a Supervising Judge.

Claim #5 – by presiding with no valid assignment order and no authority (and no immunity) at all.

Claim #6 – by denying Zernik access to Court File, to Minute Orders, to Notices

Claim #7 – by ,making invalid entries in court file of Minute Orders that were neither served nor noticed to Zernik, as required by California Rules of Court #1.6

dClaim #8 – by running an “off the record “ Initial Status Conference”, Jan 30, 2006 and failing to run litigation per due process requirement.


Claim #9- by running a false Demurrer hearing on Jan 30, 2006, then recording it as in paper court file as Denied, in the Register of Actions as Granted, and then secretly disposing of the minute order in
electronic court file.

Claim #10 - by posting Trial Date only after her disqualification, while making false claims in that regard on April 22, 2007 - to deny extension of Discovery Cutoff Date.

Claim #11- by claiming in open court April 26, 2007 that she signed an order for sanctions, but never doing so, thereby colluding with Fraud and Deceit by Keshavarzi.

Claim #12 - by secretly entering in electronic court file, but not in paper court file, a fictitious July 9, 2007 Minute Order of purported “telephonically” held hearing on reconsideration of the sanctions,
purportedly granted, when in fact in open court she denied such application.

Claim #13 - by entering in paper court file a May 14, 2007 Minute Order - denying ZERNIK’s ex parte application for a hearing on reconsideration of the sanctions, while secretly disposing of that same minute order in electronic court file with no notice to parties.

Claim #14 - by entering in electronic court file, but not in paper court file a June 9, 2007 MInute Order. a "telephonically" held hearing on reconsideration of the sanctions, which was purportedly granted.


Claim #15 - by running an ex parte application for a gag order by Counrywide on July 6, 2007 “off the record” and “off the calendar” at a time the court was listed as Dark.

Claim #16 - by ruling on July 12, 2007 in open court that her Disqualification per CCP §170.3 was an untimely Peremptory Challenge per CCP§170.6.

Claim #17- by continuing to preside with no authority at all (and no immunity at all) after disqualification for a cause of July 12, 2007.

Claim #18 – by secretly writing on July 23, 2007 an untimely Answer and Strike to Disqualification for a Cause of July 12, 2007, backdating it to July 12, 2007, failing to have it certified or mailed by the clerk, then making an invalid entry of such minute order with no service or notice into paper court file.

Claim #19 - by allowing the July 23, 2007 proceedings where Countrywide apeared again unlisted in Minute Orders and in court records, and its counsels listed at times as for Defendant and at times as for Plaintiff.

Claim #20 - by claiming in open court on July 23, 2007 that she signed a gag order at Countrywide’s request, but in fact secretly entering in court file a denial of their proposed gag orders.

Claim #21 –by failing to have the purported Aug 9, 2007 Judgment served on parties, yet claim to have served and entered it in paper court file.

Claim #22 –by not entering judgment in the electronic Book of Judgments at all on Aug 9, 2007, but claiming to have entered judgment on Aug 9, 2007

Claim #23 – by running a deceptive Aug 14, 2007 Ex parte application for “entry of Judgment”, yet claiming that judgment was entered on Aug 9, 2007.

Claim #24 – by running a deceptive Aug 21, 2007 Ex parte application for “entry of judgment”, yet claiming that judgment was entered on Aug 9, 2007.

Claim #25 – by deceptively issuing on Aug 28, 2007 a minute order, back-dating it to Aug 21, 2007, and stating in it that judgment was entered on Aug 9, 2007.

Claim #26- by claiming in open court on Aug 30, 2007 that she entered judgment on Aug 9, 2007.

Claim #27 – by claiming in open court that she was going to sign an order appointing Gregory O’Brien Escrow Referee, but in fact generating an invalid, inadequate minute order for a discovery referee
Claim#28 – by entering such Aug 30, 2007 Minute Order into paper court file with no service or notice to Zernik.


Claim #29 – by colluding with KESHAVARZI in fraud and deceit and providing him copy of such deceptive minute order, and allowing him to furnish O’BRIEN with such minute order and a copy of an order
instead of the judgment, as the legal foundation of his authority.

Claim #30 –by posting on Sept 11, 2007, after disqualification for a cause on Sept 10, 2007 a false and fictitious Sept 10, 2007 Minute Order of a purported hearing on that day on fraudulent COUNTRYWIDE records, then back-dating it to Sept 10, 2007.

Claim #31 –by transferring the Samaan v Zernik file to Judge GOODMAN after disqualification with no authority at all and no reassignment order.

Claim #32 – under Connor’s tenure, the clerk’s office constructed a secret volume “IV continued”, which Zernik was denied access to even after he was allowed access to other volumes. This volume
included Countrywide's pleadings and other records that the court considered sensitive.

C. VIOLATION OF CONSTITUTIONAL RIGHTS FOR POSSESION

Claim #33 – by generating a false and misleading Aug 9, 2007 Summary Judgment against Zernik

Claim #34 - by initiating the elaborate deception on the entry of judgment on Aug 9, 2007.

Claim #35 – by continuing the elaborate deception on the entry of judgment on Aug 14, 21, and 30, 2007.

Claim#36 - by engaging in interference in Attorney Client relationship in hearing on Aug 21, 2008, per Att. Hoffman declaration.

Claims #37- by colluding with KESHAVARZI and O’BRIEN in fraud and deceit on appointment of the Escrow Referee


KEY RECORDS FOR FRAUD EXAMINATION:

1) Nov 1, 2005 Minute Order by Judge LINDA LEFKOWITZ from paper court file– Re-Assignment of Samaan v Zernik to Judge CONNOR; in fact – issued on Jan 30, 2006, when Judge LEFKOWITZ was no longer Supervising Judge and Master of Calendar, and therefore had no authority to issue such Minute Order.
  • Did Judge LEFKOWITZ collude in this fraud? How was the Minute Order issued?
  • Who is the clerk who signed on it? (but never mailed it)


2) Jan 30, 2006 Minute Order – electronic court file, secretly disposed/vacated with no notice to parties.

3) July 9, 2007 Minute Order from electronic court file- in fact fictitious.

  • What was the basis for Judge CONNOR issuing such minute order.
  • Does she have any evidence of the “telephonically” held hearing ever taking place?

4) July 12, 2007 Minute Order by Judge Connor – Answer and Strike for Disqualification.

  • How was it inserted into court file?
  • When?
  • By whom?

In fact it is a minute order of July 23, 2007 - later than allowed by law for a judge's response for disqualification for a cause.

No clerk's certificate of mailing and notice of entry is on file.

5) Aug 9, 2007 Minute Order – Summary Judgment –paper file. In fact entered on Aug 14, 2007.

  • Who entered it into paper court file?
  • When?
  • What is the basis for the claims in it that the judgment was served in open court on parties?


6) Aug 21, 2007 Minute Order – For Entry of Judgment – paper file. In fact entered and mailed Aug 28, 2007.

  • Who was the clerk whose signature appears as the one
    who mailed it on Aug 21, 2007 ?

7) Aug 30, 2007 Minute Order – Deliberately defective Assignment of Judge O’BRIEN as Escrow Referee.
Judge O’BRIEN held such Minute Order by Sept 7, 2007. His secretary claimed it was provided by KESHAVARZI. The question is how such fraudulent Minute Order was issued, how it got to KESHAVARZI, and how did it go from KESHAVARZI to O’BRIEN, and how could O’BRIEN even consider such paper sufficient to allow him to engage in a court procedure. Or was he in conspiracy with Connor to pretend that he had authority?


8) July 23, 2007 Minute Order claiming gag order will be signed, but order denied.

  • Question is why did COUNTRYWIDE counsel not notice the order, as ordered.
  • Did they approach the court and try to get a copy of the signed order? Or were they in conspiracy with Connor to pretend that the order existed?


9) Sept 10, 2007 Minute Order by Connor, recording a hearing on CCP §128.7 relative to fraud in COUNTRYWIDE records.

  • In fact, entered Sept 11, 2007, after disqualification, when she had no authority to enter such minute order.
  • In fact - A fictitious minute order - no such hearing ever took place.
  • Did the clerk mail such minute order to KESHAVARZI? He seemed to know of its existence.

10) Register of Actions – Case History in Sustain – almost all entries by Connor are misleading. The dates listed on the left column as dates of filings are in fact arbitrary dates entered by the operator. The true dates of entry of various data are in fact in the Audit Data files for each data entry. The difference between the two dates can be several years in some cases.

a. Primary example: until early 2008, all copies of the Register of Actions carried on page No. 1 a bizarre array of 3 entries going back as far as 2000, in a case where claims were filed in October 2004… not even the underlying events took place yet in 2000… The content of page one of Case History was the first hint that all dates data in Sustain are unreliable.

b. One of the entries on page No 1 appeared as a notice:


  • COUNTRYWIDE HOME LOANS –
  • REAL PARTIES IN INTEREST

While the court claimed that any interest of COUNTRYWIDE in this case was a “conspiracy theory” by ZERNIK.

c. After April 2008 the content of page 1, which ZERNIK often listed as prime evidence for fraud by the court in litigation records disappeared – with no evidence for a nunc pro tunc or any other explanation for this late revision in Case History.

11) Under Connor the Court Reporter who prepared the Aug 21 .2007 transcript adulterated it as described in Att Hoffman’s declaration

12) Under Connor, ZERNIK was denied access to Court file, as described in Alex Garcia declaration

REPLY TO JUSTICE PIONEER, Part III - JUDGES AND ATTORNEYS

Part III - response to Justice Pioneer.

JUDGES AND ATTORNEYS

Justice Pioneer raised common arguments -
1. Zernik is the cause of the real estate fraud by the court, since he did not listen to his attorneys, and later appeared in pro per.
2. Zernik based his writing on opinions, not facts, and grouped judges like Connor and Friedman, who have little in common.


D. Justice Pioneer suggests that Zernik made claims that are based on opinions, not facts, and grouped together judges, where there is very little common between them, like Terry Friedman and Jacqueline Connor.

1. Regarding claims - see next blog posting.


2. Grouping together Terry Friedman and Jacqueline Connor.

The short answer is simple: Justice Pioneer is basing his letter on opinions. Zernik bases his writing on facts in this regard. Both Friedman and Connor engaged in racketeering from the bench. Therefore they are listed together.

The long answer to this question is complex, exactly like any attempt to explain how a person that was committed to public service, to justice, to truth, is transformed in a power position into a corrupt judge.

3. Power corrupts, and absolute power absolutely corrupts.

It is not clear that the judges understand the limits of their power. Alternatively - they may understand it fully well, and the system requires a major adjustment, as proposed by groups like jail4judges.

Some of the judges felt that there is no limit to their authority, whereas in fact, they had no authority and no immunity at all - since none had an assignment order. Connor was the only one who clearly figured it out:

a) she furnished herself with a fraud assignment order from Judge Linda Lefkowitz, and

b) she avoided signing any valid orders. Either she did not issue orders that she said that she would issue, or she issued deliberately defective orders.

To some degree, one may also sadly state that it has to do with smarts. There is no doubt that Jacqueline Connor is by far the sharpest, and most devious of the judges Zernik encountered in Court. And Terry Frieman is no Jackie Connor. On that Zernik is in full agreement with Justice Pioneer.

4. An example:

a) Terry Friedman:

i) In February-March 2008, Judge Terry Friedman, set on Defendant Zernik a total of $22,000 in sanctions, and found Zernik in contempt.

  • The reason: Zernik asked Countrywide, Sandor Samuels, and Angelo Mozilo in 2007 (prior to Friedman's action in the case) to either authenticate or repudiate certain records that Countrywide provided Samaan, and Zernik claimed were the core of the court house fraud.
  • Since then such records were indeed confirmed for Zernik as fraud by fraud specialists. Countrywide still refuses to respond.
  • But Countrywide did not want to be asked this question. In fact it also asked in court that Judge Friedman provide declaratory relief- and state that Countrywide does not have to answer the question whether or not the records produced by Countrywide in legal subpoena were fraud.
  • In response, Zernik asked that the court provide declaratory relief and state that Zernik does not have to pay the IRS anymore.

ii) Therefore, in January 2008 Friedman ruled that in 2007 Judge Connor entered a protective gag-order on Zernik.

  • However, such order never existed. In court file there are proposwed orders marked "DENIED".
  • Even in 2008 no such order was ever presented.

iii) In February-March 2008 Friedman ruled ex post facto that Zernik was in vioalation of such order. In fact, he threatened to jail Zernik for such ex post facto violation.

In general: One may say that Judge Friedman operated under the assumption that he had unlimited authority, and upon review all his actions would be justified.

b) Jacqueline Connor:

The missing protective order that was found in ex post facto by Friedman, was a fraudulent protective order, that Connor failed to issue, lik all most orders in this case.

  • In June July 2007 Countrywide felt pressure since Zernik, who got involved in the case late, was getting on their tail rather quickly.
  • Priot to that, they pretended not to be involved in the case at all. On July 6, 2007 they appeared in court for an ex parte appearance at a time that the court was Dark (both literally and figuratively), for a gag order against Zernik.
  • Jacqueline Connor ran an "off the record" gag order hearing.
  • But she never isssued any gag order.

In general: On maq say that she operated under the assumption that she had no authority, and tried not to leave any definitive record whatsoever.

5. Countrywide and the Courts - Connor v Friedman:

Zernik noticed this paradoxical contrast early on. Judge Friedman presided in court first time in january. In Feb or March Zernik approached Countrywide, through their counsel - John Amberg, with a proposal for settlement. Zernik said that he believed that Samuels is seeking legitimacy after the collapse. Therefore his involvement in Jewish community affairs.

However, in the current affair, he was asking Friedman, who is not capable of such dishonesty, to act in a way that will eventually possiby make Friedman more liable than Connor.

6. Inner v outer circle of the racket.

Zernik is of the opinion that Connor was in the inner circle of the racketeering enterprise of the court, whereas Friedman was in the outer circle, or a total outsider. Connor had deep understanding of how the racket operated, Friedman had none.

For such reasons, not only is Friedman listed together with Connor, but Frieman, upon review, may be found liable where Connor may not.

E. OUTLINE OF THE COURTHOUSE FRAUD

Justice Pioneer appears to assume that Zernik is basing it all on his own findings:


1) Please check below Blog entry under [07.30.2008] - opinion letter by fraud specialist. The writer is one of the top authorities on fraud, and he reviewed two Grant Deeds generated by and for the LA Superior Court. He provided an opinion letter that raised substantial concerns. His opinion letter in effect says that:


David Pasternak, former President of “Bet Tzedek” – House of Justice, operating as an Officer of the LA Superior Court, committed real-estate fraud in December 2007.

2) Grant Deeds also posted here, one copy under [July 3, 2008], and another under [June 12, 2008]. No fraud expert is required to see that David Pasternak was engaged in fraud. I informed him of that in writing in advance, already in October 2007. But nobody in this town could see fraud for a fraud.


3) On such matters, FBI Fraud Expert recommends to state and federal authorities that:
“an immediate investigation should be instituted in an effort to ascertain the circumstances behind any fraud being committed so that appropriate local, state, and federal authorities can be notified, including the appropriate court."

4) Zernik's attorneys never told him about the frauds. He had to figure them out himself one by one. Zernik first got involved in the case in December 2007 (filed October 2005). Attorney Charles Cummings represented him all the period before then, from mid 2005 to Feb 2007. He entirely co-opted with Connor in her courtroom fraud. Had Zernik figured it out half a year earlier, it would have been a different story.

5) BY January 2007, with help from a Deputy Commissioner in California Dept of Real Estate. Mr Fiva Prieto, and an FBI agent who insisted on remaining anonymous, I figured out some of the frauds. That was the easy part. 21) The difficult part was that no real estate attorney in town would agree to file the compulsory counterclaims for fraud and deceit in the court of Jacqueline Connor. The excuses were ridiculous. 22) Finally, months later, I had the straight answers: First: Steven Lovette – from Woodland Hills, explained to me that by then (May-June 2007) I have become “radioactive”, implying that any attorney who would touch my case with a 10 foot pole would suffer the consequences. 23) And later, Att Larry Rothstein (also Woodland Hills), explained to me that I should never file any claims on fraud and deceit with Connor, since: a) she would never accept fraud as fraud., and b) she is likely to retaliate against me.

6) Once Zernik was convinced of Connor's corruption, he filed his first disqualfication for a cause, July 12, 2007. Connor simply responded with deceit: Instead of responding in one of several ways prescribed by law - she ruled in open court that Zernik's filing per CCP §170.3, was in fact an untimely filing of a peremptory challenge, per CCP §170.6, and therefore she issued a strike.

7) And yet, by the time of summary judgment, I had a whole list of frauds figured out (albeit, Connor continued a hearing on leave to amend answer, which I had to file in pro per). In summary Judgment hearing I had pretty good evidence of Fraudulent Inducement – through forgery of the Pre-qualification Letter [ date of blog ]. 12) Samaan – plaintiff, was a cosmetics sales woman in a department store, far from qualified by either income or by assets for the purchase. She misrepresented herself (straw buyer) to me as an active realtor. 13) Much later I found out that in loan applications (fraud as well, an forged signatures as well), she misrepresented herself as making her income exclusively ($400,000, elsewhere $4,000,000 per year) as sole owner and president of a corporation – Spellbound Inc., retailing crystal balls, Tarot Card, anointment oils and divining objects. 14) At the time of Summary judgment hearing, I also had on calendar a hearing scheduled a few weeks down on motion for sanctions against Sheppard Mullin and Att Mohammad Keshavarzi (counsel for Samaan) per CCP §128.7 - for filing the Countrywide fraud records (no attorney would file such motion for me either). 15) On the Fraudulent Inducement – which was fully demonstrated- Connor ruled simply “Red Herring”. 16) I am considering making a suggestion to the California Judicial Council, for inclusion in the next edition of the Judge’s Bench Book, for use in LA County only: Only two alternative rulings allowed on claims of civil Fraud and Deceit – a) “Red Herring”, or b) “Tuna Salad”. Ruling of Red Herring and Tuna Salad is not allowed! 17) And the Countrywide records pending hearing on fraud – Connor ruled that such were no material disputable fact. Albeit, one was Samaan’s purported underwriting letter (certified fraud by now). The other was a fraud record of the real estate contract. 18) Connor allowed the fraud contract produced by countrywide, to be first time admitted by Samaan in reply brief to summary judgment. 19) A year and a half earlier, in January 2006, she engaged in a Statute of Frauds fraud in demurrer proceedings on Statute of Frauds.

8) August 9, 2007 Summary Judgment by Connor, was entirely based on some obvious frauds by Countrywide, which Connor, sharp as she is, just could not figure out... Such fraud records are by now examined and confirmed by fraud experts as well.

9) On Sept 10, 2007 Judge Connor was disqualified for a cause by Zernik in pro per, 2nd time. Back to Pioneer's suggestion on listening to attorneys:None of them, ever, dared to tell Zernik the truth about Connor. And even after Zernik figured it out, no attorney in town would dare to serve a disqualification statement for a cause on her, Zernik had to do it himself, in pro per, twice.

10) After Connor's 2nd disqualification, Sept 10, 2007, the execution of a judgment that was never entered, and therefore “in no case is … effectual for any purpose” per CCP §664, became the task for Allen Goodman.

11) Judge Goodman, also with no assignment and no authority at all, was per his own disqualification statement is “a long-term close personal friend of the chief legal counsel [of Countrywide – Sandor Samuels].

24) Almost a month after he took the file – again with no authority and no assignment, on October 3, 2007, Allan Goodman recalled his best friend Samuels, and recused. In one of the strange acts that is related to the machination of the racketeering in the court, he secretly invalidated/vacated his recusal order in chambers, with no notice to parties. My opinion is that Allan Goodman was willing to engage in racketeering only up to a certain limit. And proposals made to him regarding racketeering in this case by Retired Judge O’Brien, an ADR neutral, were the reason for his recusal.

25) In my opinion Retired Judge O’Brien is an enthusiastic racketeer.

26) After Judge Allan Goodman’s recusal, the case was moved to Judge Joseph Biderman. He is the only judge in Santa Monica house that had interaction with this case, and refused to get involved in any way. He recused immediately, but he did not disclose the reason for his recusal. And he failed to act per California Code of Judicial Ethics, Canon D(q1):


  • 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.

27) Instead, like everybody else, he chose to comply with the LA County Code of Silence (“LACCS”)

28) The case was then moved to John Segal. John Segal in my opinion is an enthusiastic racketeer. In my opinion there is sufficient evidence regarding his conduct in this case to put him in the same league as Connor.


x) in his first hearing in the case, with both parties present, Judge John Segal asked Kesahvarzi to produce a proposed order for receiver. When Zernik protested, it was made into anoticed motion. Eventually it was a 4 day-notice hearing.

4) Purportedly, Pasternak,. starting Nov 9, 2007, was enforcing the execution of a judgment by court per CCP §437c, for Specific Performance, an Aug 9, 2007 judgment “awarded” (but never entered) by Judge Connor.


28) After his recusal the case move to Judge Lisa Hart-Cole. She never presided even in one proceeding, I filed with her a 170.6 immediately. And yet, from that short experience there is sufficient evidence that I can form an informed opinion – Judge Hart-Cole is an enthusiastic racketeer. She has no respect to any constitutional rights, and she would allow any travesty in the court room for a large corporation.

20) Terry Friedman. He engaged in it as Presiding Judge, albeit with no re-assignment order, and therefore with no judicial authority and no immunity at all – like all other judges and judicial officers involved (per 42 USC §1983 and related case law). to perform under presiding Judge Terry Friedman (albeit with no re-assignment order). I quoted here only a small part of it. And I also do not like to rely on one expert either, because of concerns for various types of unpleasant situation with witnesses in the past.

21) So at present, I am busy trying to break down a very complex, very convoluted white collar crime story with multiple fraud levels on top of the other.