08-03-13 samaan v zernik (sc087400) "non party" countrywide's purported order to show cause -...

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  • 8/14/2019 08-03-13 Samaan v Zernik (SC087400) "Non Party" Countrywide's purported Order to Show Cause - alleged fraud

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    Dr ZJoseph H Zernik, DMD, PhDPO Box 526, La Verne, CA 91750; Fax: 801.998.0917; E-Mail: [email protected]

    08-03-13 Countrywides purported Order to Show Cause in re: Contempt, Sanctions.

    The order should be deemed upon review as fraud and extortion by Countrywide, Bryan

    Cave, LLP, and Judge Terry Friedman, on numerous accounts, including, but not limited to

    the following:

    1) The evidence demonstrated that the caption of Samaan v Zernikwas never a true

    caption of the Superior Court of California, County of Los Angeles.

    2) Judge Terry Friedman was never issued the duly required by law Assignment Order.

    He just claimed possession of the case file.

    3) Bryan Cave, LLP, was never authorized as counsel of record in Samaan v Zernik

    either. It appeared in court even at times when the General Counsel of Bank of

    America Corporation, after July 1, 2008, explicitly stated that they were NOT

    authorized to appear.

    4) Instant Order to Show Cause, regarding serious sanctions of $16,170 and quasi

    criminal charges of contempt, was purportedly verified by Judge Terry Friedman on

    March 13, 2008, and served on March 13, 2008 as well, ordering the show cause on

    March 7, 2008.

    Such discrepancies in date are not nave errors at all. They were considered the

    Finger Prints of the LA-JR (alleged LA Judiciary Racket), and were routinely found

    in cases and orders that were void and fraudulent on their faces. Regardless, as

    was the case in here. Bryan Cave, LLP,, proceeded to collect the funds from

    Attorney David Pasternak. However, today, both Bryan Cave, LLP, and Bank of

    America Corporation refuse to answer on whose behalf such monetary transaction

    was executed.

    It should be noted that the undersigned never appeared in court on that day or afterwards.

    However, in the noted case of Attorney Richard Fine, he has been kept falsely hospitalized for

    almost a year by now, following such fraudulent hearing on contempt, ending with a fraudulentorder and judgment, bearing mismatched dates, as seen here.

    Dated: January 24, 2010 in La Verne, Los Angeles County, California.

    By: _______________

    Joseph Zernik

    Digitally signed by

    Joseph H ZernikDN: cn=Joseph HZernik, o, ou,email=jz12345@e

    nk.net, c=USLocation: La VerneCalifornia

    Date: 2010.01.2406:49:56 -08'00'

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    F ~ J 5 : C I : . l r V E D 2

    . 34567

    /1AR 1 22008SUPERIOR COURTWEST D/STHICTSANTA MOflllCA

    CONFORMED COpyOF ORIGINAL FILED

    Los Angeles Superior CourtMAr< 1 2008

    JOhn A. Clarke, Executive Officer/ClerkBy J. Citron, Deputy

    8 $UPERIOR COURT 01' THE STATE OF CALIFORNIA9 FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT

    1011 II NIVIE SAMAAN, et a1.,

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    1 II Bryan Cave LLP appeared on behalf on non-party and movant Countrywide. Defendant2 II Joseph Zernik appeared on his own behalf. Also in attendance were Receiver David J.3 Pasternak and Moe Keshavarzi of Sheppard Mullin Richter & Hampton LLP, counsel for4 \I Plaintiff Nivie 5amaan.

    II Having read and considered the Motion and all papers submitted in support thereof6 II and in opposition thereto, and having heard and considered the argument of counsel and7 II Defendant] oseph Zernik, and good cause appearing therefor,8 \I THE COURT FINDS THAT:9 II 1. The Protective Order issued by the Honorable Jacqueline Connor on] uly 23, 2007 (the

    II "Protective Order") is a valid order and the Court was authorized to grant the11 II Protective Order pursuant to California Code of Civil Procedure Sections 2031.060

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    1 II 2. Defendant Joseph Zernik is ordered to appear on Match 7, 2008 at 9:30 a.m. to show2 II cause why he should no t be held in contempt of court and sanctioned for violating the3 II P r o t e c t i ~ e Order.1-1

    511 IT IS SO ORDERED.6 Viute;, : j 3 1 1 ~ / O ~7 II Dated:

    Hon. Terry B. Friedman8 Judge, Superior Court of California911 Prepared and submitted by:10 BRYAN CAVELLPI11 II John W. Ambe:rg (CA State Bar No. 108.166)Jenna Moldawsky (CA State Bar No. 24()109)

    >. 08 15 II Attorneys for (j:ountrywide Home Loans, Inc.

    CIl ro .> .OC l lL" 0co .-o g 16~ ro 17en

    181920212223242S262728

    SMOI DOCS672389.I 3PROPOSED ORDER

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    toco(" )'i 'o 00(")' :>. 0o n:;: '"c-oU'" Cll _\ , : ,OCll 0II I [lJ-c0O~

    cCll(/ )

    PROOF OF SERVICE2 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and

    no t a party to tlie within action. My busine:;s address is 120 Broadway, Suite 300, Santa Monica,3 California 90401-2305.4 On Marj=h 13,2008, I served the foregoing doc:urnent(s), described as ORDER, on the

    interested party(s) in tlus action, as follows:5Moe Keshavarzi, Esq.6 Sheppard MuuJ Richter & Hampton, UP7 333 South HOPr Street, 48tb FloorLos Angeles, C4 90071-14488 Facsimile: 213-920-1398!nkeshavarzi(O),sheppardmullin.com9

    10 David T. Pasternak11 - IPasternak, Pasternak &. Patton, LLPI] 875 Century Park East, Suite 220012 Los Angeles, Cllifornia 90067-2523

    Telephone: 310+553-150013 Facsimile: 310-553-1540]4- flip.@pa $13w.corh]5

    Joseph Zernik2415 Saint George StreetLos Feliz, California 90027Telephone: (310) 435-9107Facsimile: (801) 998-0917izJ [email protected] J. Shulkin, Esq.Legal DepartmentColdwell Banker Residential Brokerage Company11611 San Vicente Boulevard, 9 th floorLos Angeles, CA 90049Facsimile: 310-447-1902robert.shulkin@cam_oves.coln

    C2J (BY OVERNITE EXPRESS) I deposited in a box or other facility maintained by16 Ovenute Expreks, an express carrier service, or delivered to a courier or driver authorized by said17 express carrier slervice to receive documents, a true copy (or original) of the foregoing document, in

    an envelope designated by said express service carrier, with delivery fees paid or provided for.18 Executed on March13, 2008, at Santa Monica, California.19I decIa17e under penalty of perjury under the laws of the United States of America20 and the State ~ California that the foregoing is true and correct.

    21 /---....22! - - - k K a ~ - - - - - - - - 23 FL

    24 L ..---Y25262728

    SMOI DOCS672389I PROPOSED ORDER