07-12-07 samaan v zernik (sc087400) at the los angeles superior court - court reporter's transcript...

8/9/2019 07-12-07 Samaan v Zernik (SC087400) at the Los Angeles Superior Court - Court Reporter's Transcript of pretense

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SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF LOS ANGELES

DEPARTMENT WE X HON. LISA HART COLE, JUDGE

NIVIE SAMAAN, AN INDIVIDUAL,PLAINTIFF,

VS .JOSEPH ZERNIK, AN INDIVIDUAL, AND DOES 1THROUGH 10, INCLUSIVE,

DEFENDANTS.

REPORTER'S TRANSCRIPT OF PROCEEDINGSFRIDAY, DECEMBER 7, 2007

APPEARANCES:FOR THE PLAINTIFF: SHEPPARD MULLIN RICHTER & HAMPTONBY: MOE KESHAVARZI, ESQ.(VIA COURT CALL)1901 AVENUE OF THE STARSSUITE 1600LOS ANGELES, CALIFORNIA 90067(310)228-3700FOR DEFENDANT ZERNIK: JOSEPH ZERNIK

IN PROPRIA PERSONAFOR THE RECEIVER: PASTERNAK, PASTERNAK & PATTONBY: DAVID J . PASTERNAK, ESQ.1875 CENTURY PARK EASTSUITE 2200LOS ANGELES, CALIFORNIA 90067(310) 553-1500

ANGELA MAPP, CSR NO. 7824, CRROFFICIAL REPORTER


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u 1CASE NUMBER: SC087400

2 CASE NAME: SAMAAN V. ZERNIK3 BEVERLY HILLS, CALIFORNIA FRIDAY, DECEMBER 7, 20074 DEPARTMENT X HON. LISA HART COLE, JUDGE5 REPORTER: ANGELA MAPP, CSR NO. 7824

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TIME: A.M. SESSION78 APPEARANCES:9 MOE KESHAVARZI, ATTORNEY AT LAW, FOR

10 PLAINTIFF NIVIE SAMAAN, APPEARING VIA COURT11 CALLi DAVID PASTERNACK, ATTORNEY AT LAW,12 FOR THE RECEIVER AND MOVING PARTYi JOSEPH13 ZERNIK, THE DEFENDANT, PRESENT AND IN14 PROPRIA PERSONA.1516 THE COURT: OKAY. SAMAAN VERSUS ZERNIK, SC087400.

17 MR. PASTERNACK: GOOD MORNING, YOUR HONOR. DAVID18 PASTERNACK, RECEIVER, "MOVING PARTY.19 MR. ZERNIK: GOOD MORNING, YOUR HONOR. I'M20 DEFENDANT IN PRO PER, AND I 'M HERE FOR THE RULING ON THE21 PEREMPTORY CHALLENGE BEFORE ANY OTHER HEARING.22 THE COURT: YES, I 'M PREPARED TO RULE ON THAT. A23 PEREMPTORY C H ~ L L E N G E WAS FILED THIS MORNING. HOWEVER, IN24 REVIEWING THE FILE, IT APPEARS THAT, ON JULY 12TH, 2007, A25 170.3 MOTION WAS FILED AGAINST JUDGE CONNOR. IN THAT26 MINUTE ORDER JUDGE CONNOR INDICATED THAT SHE DENIED THE27 170.3 BUT DEEMED THAT-CHALLENGE TO BE A CHALLENGE PURSUANT28 TO 170 .6 . AND THAT CHALLENGE WAS SO ACCEPTED, AND THE

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2" - . /

1 CASE WAS TRANSFERRED TO ANOTHER - 2 MR. ZERNIK: NO/ IF YOU READ CAREFULLY/ THE - 3 I MR. KESHAVARZI: YOUR HONOR/ JUST FOR THE RECORD/ I4 WOULD LIKE TO STATE MY APPEARANCE. THIS IS MOE5 KESHAVARZI/ COUNSEL FQR PLAINTIFF NIVIE SAMAAN. AND I6 I APOLOGIZE FOR NOT BEING THERE IN PERSON/ YOUR HONOR.7 I THE COURT: OKAY. MR. ZERNIK/ LET ME BE VERY CLEAR8 I ABOUT ONE THING. WHEN I 'M SPEAKING/ I DON'T EXPECT TO BE9 INTERRUPTED. IS THAT CLEAR?

10 MR. ZERNIK: YES/ YOUR HONOR.11 THE COURT: ALL RIGHT. AND SO ON THAT MINUTE ORDER12 THE COURT DEEMED THE 170 .3 TO BE A MOTION PURSUANT TO13 1170 . 6 / AND IT WAS SO ACCEPTED/ AND THE CASE WAS14 I TRANSFERRED TO ANOTHER COURT. AND THAT MINUTE ORDER IS15 ONE THAT I 'M $PECIFICALLY LOOKING AT.16 THERE WAS AN APPEARANCE BY JAHAN JAOGOVAR/17 WHO WAS SPECIALLY APPEARING ON BEHALF THE DEFENDANT ON18 THAT DAY.19 SO/ FOR THAT REASON/ THE COURT DEEMS THE20 170 .6 FILED THIS MORNING TO BE INVALID/ ONE HAVING ALREADY21 BEEN EXERCISED.22 YOU MAY BE HEARD/ SIR.23 MR. ZERNIK: FIRST OF ALL/ I WOULD LIKE TO KNOW WHO24 THIS GENTLEMAN IS .25 THE COURT: YOU MAY BE HEARD ON THE 170 . 6 / SIR.26 MR. ZERNIK: BUT INTRODUCTIONS DON'T COME BEFORE27 THAT?28 THE COURT: YOU MAY BE HEARD ON THE 170 . 6 / SIR.


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1 I MR. ZERNIK: OKAY. ON THE 170 .6 , IF YOU READ VERY2 I CAREFULLY - - THAT MINUTE ORDER IS LENGTHY, I KNOW, FOR3 JULY 12TH. IT 'S A LITTLE BIT CONFUSING. BECAUSE WHAT4 HAPPENED THERE FIRST, IN OPEN COURT, THE JUDGE, JUDGE

I CONNOR, SAID WHAT YOU JUST SAID NOW, THAT SHE DEEMS IT,6 I FOR WHATEVER REASON - - ALTHOUGH, IT SAYS CLEARLY 170 .3 ,7 I SHE DEEMED IT 170 .6 . BUT, APPARENTLY, SHE CHANGED HER8IMIND. AND EVENTUALLY,-- IF YOU LOOK AT THAT MINUTE ORDER,9 I EVENTUALLY, AND ALSO IN THE SUSTAIN SHE RECUSED HERSELF ON

1170 .3 .C .2 , I BELIEVE. BUT THE FINAL DECISION OF 170 .3 .C .211 IS A RECUSAL OF JUDGE IN RESPONSE TO 170 .3 . SHE CHANGED12 HER MIND.13 (THE JUDGE IS READING THE FILE.)14 I MR. ZERNIK: AND, INDEED, THE BASIS -

I THE COURT: SIR, PLEASE DON'T INTERRUPT WHILE16 YOU'RE ASKING ME TO READ SOMETHING. IS THAT ALL RIGHT?17 MR. ZERNIK: YES, YOUR HONOR.18 THE COURT: THANK YOU.19 OKAY. YOU MAY BE CORRECT. LET'S HAVE A

SEAT. LET ME CHECK IT OUT.21 MR. ZERNIK: YEAH. I MAY SUGGEST, YOUR HONOR - 22 THE COURT: HAVE A SEAT. I 'M GOING TO CHECK IT23 OUT.24 MR. KESHAVARZI: YOUR HONOR, MAY I BE HEARD ON

THAT?26 THE COURT: NO. THANK YOU.27 .THE COURT WILL BE IN RECESS UNTIL I GET THE28 NEW VOLUME.


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u(RECESS. )

THE COURT: ALL RIGHT. WE'LL GO BACK ON THERECORD.

'MR. ZERNIK, YOU ARE CORRECT, JUDGE CONNORENDED UP RECUSING HERSELF. YOU DID NOT USE A 170 .6 .

MR. ZERNIK: THANK YOU.THE COURT: SO YOU ARE CORRECT ABOUT THAT. SO YOU

STILL HAVE AN OPPORTUNITY TO FILE YOUR 170 .6 . AND I WILLACCEPT THIS 170 .6 .

MR. ZERNIK: THANK YOU VERY MUCH, YOUR HONOR.THE COURT: YOU'VE BEEN REFERRED TO DEPARTMENT J

BACK IN SANTA MONICA. "I MR. ZERNIK: . THANK YOU VERY MUCH, YOUR HONOR.

THE COURT: EXCUSE ME FOR ONE MOMENT. LET MEFINISH, IF I MAY.

MR. ZERNIK: DID YOU - THE COURT: MAY I FINISH, PLEASE?MR. ZERNIK: YES.THE COURT: THANK YOU, SIR.

THAT'S JUDGE FRIEDMAN. BECAUSE THIS IS ANEX-PARTE APPLICATION, . I 'M GOING TO ORDER THAT THE PARTIESGO THERE FORTHWITH.

MR. PASTERNACK: THANK YOU, YOUR HONOR.I THE COURT: ALL RIGHT. THANK YOU VERY MUCH.

MR. PASTERNACK: IT 'S NICE TO SEE YOU, YOUR HONOR.MR. ZERNIK: BUTTHE COURT: EXCUSE ME. MR. ZERNIK, JUST WAIT ONE

I MOMENT. WAIT. HOLD ON ONE SECOND. I WANT TO MAKE SURE


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u 5THAT'S GOOD WITH THE JUDGE.

(A DISCUSSION WAS HELD BETWEEN THECOURT AND CLERK WHICH WAS NOTREPORTED. )

THE COURT: ALL RIGHT. VERY GOOD. I 'LL REFER YOUTO DEPARTMENT J , JUDGE FRIEDMAN. AND EITHER IF HE'S NOTTHERE, WHICH I UNDERSTAND -

EXCUSE ME, SIR.- - WHICH I UNDERSTAND HE IS NOT, THEN A

JUDGE WHO'S COVERING HIS EX PARTES WILL TAKE CARE OF IT .YES, SIR?

MR. ZERNIK: TWO COMMENTS THAT ARE CRITICAL. IHAVE GREAT DIFFICULTY TO DO IT TODAY BECAUSE I HAD SOMEMEDICAL APPOINTMENT ALREADY SET BECAUSE I DID NOT THINK ITWOULD GO UNTIL THE MIDDAY, NUMBER ONE. BUT NUMBER TWO ISTHAT I THINK IT IS IN VIOLATION OF COURT RULES TO DO AN EXPARTE IN THE MIDDLE OF THE DAY. ALL EX PARTES IN THE WESTSIDE DIVISION ARE DONE ALWAYS AT 8:30 SHARP.

IF I CAME AT 8:32 , I WAS DENIED A HEARING ONEX PARTE. SO TO START AN EX PARTE IN MIDDAY, I THINK ITWOULD BE A VIOLATION OF COURT RULES.

THE COURT: THAT'S NOT CORRECT, SIR. THE EX PARTEHAS TO BE FILED BY 8 :30 . THIS EX PARTE WAS TIMELY FILED.

MR. ZERNIK: IN THIS COURTHOUSE, BUT NOT IN THATCOURTHOUSE.

THE COURT: THANK YOU VERY MUCH. THE OBJECTION ISNOTED AND OVERRULED.

MR. PASTERNACK: THANK YOU, YOUR HONOR.


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THE COURT: ALL RIGHT. PLAINTIFF TO GIVE NOTICE,PLEASE. THANK YOU VERY MUCH.

THAT'S IT , SIR. THANK YOU.MR. PASTERNACK: YOUR HONOR, CAN I JUST CONFIRM - THE CLERK: FOR CLARIFICATION, THE CASE IS ASSIGNED

TO JUDGE FRIEDMAN, DEPARTMENT J , FOR ALL PURPOSES. BUTTHE EX PARTE FOR TODAY IS TRANSFERRED TO JUDGE COLLINS INDEPARTMENT B FOR TODAY'S EX PARTE. SHE WILL HANDLE THE EXPARTE IN PLACE OF THE ASSIGNED JUDGE, FOR THE ALL-PURPOSEJUDGE.

THE COURT: OKAY. SO YOU'RE ORDERED - MR. ZERNIK: WHO ARE YOU BE GETTING IT FROM?THE COURT: - - DEPARTMENT B.

EXCUSE ME, SIR. DEPARTMENT B.MR. ZERNIK: BUT WHO'S THE SOURCE OF THIS

INFORMATION?THE COURT: JUDGE COLLINS.MR. ZERNIK: OKAY. WHAT IS HIS (SIC) TITLE?MR. PASTERNACK: IF I CAN, CAN I JUST CONFIRM THAT

MR. KESHAVARZI IS STILL ON THE PHONE AND HEARD THIS?THE COURT: MR. KESHAVARZI, ARE YOU STILL THERE?

. (NO RESPONSE FROM ANYONE ON COURTCALL.)

THE COURT: NO, HE'S NOT.MR. PASTERNACK: OKAY.THE CLERK: CAN WE HAVE ONE OF THESE ATTORNEYS GIVE

NOTICE OF THE REASSIGNMENT?THE COURT: THE PLAINTIFF IS GIVING NOTICE.


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MR. PASTERNACK: SURE.THE COURT: ACTUALLY, MR. PASTERNACK IS . MR. PASTERNACK: I 'LL GIVE NOTICE.MR. ZERNIK: CAN I KNOW WHO'S THISTHE COURT: SIR, PLEASE DON'T SPEAK TO MY CLERK

I WHEN 1 1 M ON THE RECORD.MR. ZERNIX: SGRRY.THE COURT: THAT'S IT , SIR. THANK YOU VERY MUCH.

I YOU'RE ORDERED TO DEPARTMENT B FORTHWITH.MR. PASTERNACK: I WILL GIVE NOTICE.THE COURT: THANK YOU, YOUR HONOR.

THEY'RE WAITING FOR YOU. THAT'S IT , SIR.MR. ZERNIK: I WANT TO KNOW WHO IS THE SOURCE OF

I THE ORDER. IS IT YOU?THE COURT: JUDGE COLLINS.MR. ZERNIK: WijO IS JUDGE COLLINS?THE COURT: SHE'S THE ACTING SUPERVISING JUDGE IN

SANTA MONICA.MR. ZERNIK: DO YOU HAVE ANY WRITTEN COPY OF IT?THE COURT: IT WILL BE. THAT'S IT , SIR. THANK

YOU.MR. ZERNIK: OKAY.THE COURT: THANK YOU, SIR.MR. ZERNIK: THANK YOU VERY MUCH, YOUR HONOR.

. (THE RROCEEDINGS WERE CONCLUDED.)***


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SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF LOS ANGELES

I DEPARTMENT WE.X HON. LISA HART COLE, JUDGEINIVIE SAMAAN, AN INDIVIDUAL,I PLAINTIFF,

VS. NO. SC087400I JOSEPH ZERNIK, AN INDIVIDUAL, AND DOES 1THROUGH 10 , I ~ C L U S I V E ,

DEFENDANTS.

I I , ANGELA MAPP, OFFICIAL REPORTER OF THEI SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTYIOF LOS ANGELES, DO HEREBY CERTIFY THAT THE FOREGOINGI PAGES, 1 THROUGH 7, INCLUSIVE, COMPRISE A FULL, TRUE ANDI CORRECT TRANSCRIPT OF THE TESTIMONY AND PROCEEDINGS HELDI IN THE ABOVE-ENTITLEDMATTER ON DECEMBER 7, 2007 .I DATED THIS 3RD DAY OF MARCH, 2008.

07-12-07 samaan v zernik (sc087400) at the los angeles superior court - court reporter's transcript...

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