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J
4
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t2
13
t4
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18
l9
20
2t
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/.)
24
25
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27
)R
Page
and line
MATERIAL
OBJECTED TO GROUNDS FOR
OBJECTION
RULING
Exhibit
B; Page
55; lines
1-28
Begins: "Transaction.
The
doctrine of substance ...."
Continues to: "...Lynch
asked
for and received an lndemnity
Agreement that was"
Relevance.
None of the objected to
material has a connection
to subject of current
motion.
Hearsay.
No Foundation.
Authenticity.
Content attributes itself to
or appears to paraphrase
various documents and
memorandum
that are not
clearly identified as to
source.
Grant
_
Deny
Exhibit
B; Page
56;
linel -
page
57;
line 28
Begins: "executed
on January
8,2001."
Continues to: "...To
hold
otherwise would be to exalt
artifice above reality and to
deprive the statutory provision
in questions
of all serious
purpose."
Relevance.
No Foundation.
lmproper
Opinion.
Opinions stated with no
proper foundation in
declaration.
Grant
_
Deny
Exhibit
B; Page
58; lines
1-4
"ln 2005, Boies Schiller, who
reviewed three boxes of,
advised Lynch to sue
[plaintiff]
for conversion, fraud, and
intentional torts. Boris Schiller
also believed Cohen and Kory
attempted to engage her in
criminal conduct. ln 2011
,
after
speaking with Lynch, Steven
Machat advised her to sue
[Plaintiff]
for theft. "
Hearsay,
I ntenti o nal defa matory
statements attri buted to
others made for
improper purpose
with
no connection to
current matter before
the Court.
Grant
_
Deny
-2A
Page
and line
MATERIAL
OBJECTED TO GROUNDS FOR
OBJECTION
RULING
Exhibit
B; Page
58;
linesl5-
18
Begins: "Westin,
on behalf of
[Plaintiff],
negligently
and
fraudulently...."
Continues to "...and
the
lnternal Revenue Service."
Belevance.
lmproper
Opinion.
Opinions stated with no
proper
foundation in
declaration.
lntentional
defamatory
statements made for
improper purpose
with
no connection to
current matter before
the Court.
Grant
_
Deny
Exhibit
B; Page
58; lines
21-23
"Robert
Kory advised DiMascio
& Berardo that Blue Mist is an
issue and the Assignments
should not be respected. He
advised DiMascio & Berardo
that the assignments were part
of a bigger scheme and that
there was never an intention
for Blue Mist to own the
assets."
Hearsay.
I ntentional defamatory
statements made for
improper purpose
with
no connection to
current matter before
the Court.
Grant
_
Deny
Exhibit
B; Page
59;
Lines
16-17
"ln
a meeting with DiMascio &
Berardo, Kory referenced the
fact that this was a community
property
state and Lynch may
be entitled to palimony (SO%
ot
[Plai
ntiff 's] assets. "
Hearsay.
Grant
_
Deny
Exhibit
B; Page
59; lines
25-28
"Kory
also confirmed that
Lynch was entitled to her 15%
commission
and owns 15o/" ot
the intellectual property.
He
advised Lynch personally
that
she has a cause of action
against every one of
[plaintiff,s]
representatives/advisors
and
assured her that he and
[Plaintiff]
would assist her with
those matters.
Hearsay.
Grant
_
Deny
-2L
Page
and line
MATERIAL
OBJECTED TO
GROUNDS FOR
OBJECTION
RULING
Exhibit
B; Page
60, lines
1-5
Begins: "ln January 2005,
DiMascio
& Berardo set
forth ...."
Continues to: "...tax
fraud and
wrongdoing."
Hearsay.
lmproper
Opinion.
No Foundation.
Opinions stated with no
proper
foundation in
declaration.
lntentional
defamatory
statements made for
improper purpose
with
no connection to
current matter before
the Court.
Grant
_
Deny
Exhibit
B; Page
60; line
6-page
61; line
7
Begins: "Criminal
Liability:"
Continues to: "...totaling
$10,410,000.'
Hearsay.
Authenticity.
Purports to quote
or
paraphrase
a document
with no showing as to
source.
I ntentional defamatory
statements made for
improper purpose
with
na connection to
current matter before
the Court.
Grant
_
Deny
Exhibit
B; Page
61; lines
9-17
Begins: "Lynch
was advised
that similar taxes, penalties
...
Continues to: "...Pursuant
to
Lynch's lawyers, similar
penalties
and interest existed
with respect to at least two
other
IPlaintiff]
entities."
Hearsay.
The entire paragraph
cites advice from
unidentified sources.
Grant
_
Deny
Exhibit
B; Page
61; lines
18-28
Begins: "On
February 1,2005,
DiMascio & Berardo wrote
Lynch ..."
Continues to: "...DiMascio
&
Berardo discussed the fact that
three sets of federal tax returns
existed with respect to"
Hearsay.
The entire paragraph
cites alleged statements
form others.
Grant
_
Deny
_22
IPROPOSEDIORD
Page
and line
MATERIAL
OBJECTED TO
GROUNDS FOR
OBJECTION
RULING
Exhibit
B; Page
62; lines
2-9
Begins: "Neither
Kory nor
DiMascio
& Berardo felt
comfortable ...."
Continues to: "...Thx
fraud to
the lRS."
Hearsay.
Speculation.
The entire paragraph
cites alleged statements,
letters or motivations
of
others.
Grant
_
Deny
Exhibit
B; Page
16; lines
16-page
65; line
17
Begins: "ln
his 2008 book,
Gods, Gangers & Honor,
Steven Machat...."
Continues to: "...has
cast
himself into a hell of his own
making."
Relevance.
None of the objected to
material has a connection
to subject of current
motion.
Hearsay.
Content attributes itself to
a gossip
book.
Grant
_
Deny
Exhibit
B; Page
65; lines
18-26
Begins: "[Plaintiff]
does indeed
enter into agreements
and
then ...."
Continues to: "...with
and
possibly
Phil Spector and
record producer
Bob Johnson.,,
lmproper
opinion
testimony;
Conclusions
and
a I legations rather than
factual statements.
I ntenti onal defam atory
statements made for
improper purpose
with
no connection
to
current matter before
the Court.
Grant
_
Deny
Exhibit
B; Page
66; line
16
"has
to do with his tax fraud,, lmproper
opinion
testimony;
Conclusion and
allegation rather than
factual statement.
I nte nt i o n a I d efa m ato ry
statement made for
improper purpose
with
na connection to
current matter before
the Court.
lGrant
Page
and line
MATERIAL
OBJECTED TO
GROUNDS FOR
OBJECTION
RULING
Exhibit
B; Page
66; lines
17-21
"Mike
Taitelman, who briefly
represented
Lynch in the spring
of 2005, spoke to Robert Kory
and advised Lynch that if she
agreed to assist
[Plaintiff],
they
would say she was used as a
pawn;
otherwise, they would
accuse her of orchestrating this
situation."
Hearsay.
Declaration
cites alleged
statements made by
others.
Grant
_
Deny
Exhibit
B; Page
67; lines
7-23
Begins: "Prosecutor
Sandra Jo
Streeter:..."
Continues to: "That's
correct,
sir. RT 288."
Hearsay,
No Foundation.
Authenticity.
Declarant is quoting
and
paraph
rasi ng different
sources from an apparent
court record, without
proper
request for
judicial
notice or attaching
certified transcript.
Grant
_
Deny
Exhibit
B; Page
67; lines
25-26
"[Plaintiff's
]
fraudulent refund
was obtained on"
lmproper opinion
testimony;
Conclusions and
al legations rather than
factual statements.
I nte nt i o n a I defa m ato ry
statements made for
improper purpose
with
no connection to
current mafrer before
the Court.
Grant
_
Deny
Exhibit
B; Page
68; lines
1-3
"Following
that meeting Lynch
received an email from Agent
Sopko advising her to report
the allegations of
IPlaintiff'sJ
criminal tax fraud to Agent
Tejeda/lRS
and to provide
him
with evidence."
Hearsay.
lntentional
defamatory
statements made for
improper purpose
with
no connection to
current matter before
the Court.
Grant
_
Deny
_24
1
2
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4
5
6
-
8
9
10
11
l2
13
14
15
t6
17
l8
t9
20
21
22
23
24
25
26
27
)8
Page
and line
MATERIAL OBJECTED TO GROUNDS FOR
OBJECTION
RULING
Exhibit
B; Page
68; lines
3-11
Begins: "Lynch
has provided
the lRS, FBl, DOJ and FTB
with ample evidence ...."
Continues to: "...lRS
binder in
April2A12;'
lmproper
opinion
testimony;
Grant
_
Deny
Exhibit
B; Page
68; lines
12-16
Begins: "lt is now abundanily
clear that these
transactions ...."
Continues to: "...income
to
capital gains
tax treatment on
the sale of stock."
Relevance.
Foundation.
Opinions stated with no
proper
foundation
in
declaration.
Grant
_
Deny
Exhibit
B; Page
69; lines
3-14
Begins: "Disregarding
a
corporate entity is known
as ...."
Continues to: "..,siphoned
corporate funds."
Relevance.
Foundation.
Opinions stated with no
proper
foundation
in
declaration.
Grant
_
Deny
Exhibit
B; Page
69;
line15-
Page 70;
line 4.
Begins: "[Plaintiff]
clearly views
himself as the dominant ...."
Continues to: "...egregious
injury and unjust loss."
lmproper
opinion
testimony;
Conclusions and
al legations rather than
factual statements.
I ntentiona I defa mato ry
statements made for
improper purpose
with
no cannection to
current matter before
the Court.
Grant
_
Deny
-21
Page
and line
MATERIAL
OBJECTED TO
GROUNDS FOR
OBJECflON
RULING
Exhibit
B; Page
70; line
14-21
Begins: "[Plaintiff]
disregarded
the separate ...."
Continues to: "...regardless
of
the image he presents
to the
public."
lmproper
opinion
testimony;
Conclusions and
allegations rather than
factual statements.
I ntentional
defamatory
statements made for
improper purpose
with
no connection to
current matter before
the Coufi.
Grant
_
Deny
Exhibit
B; Page
70; Iines
22-28
Begins : "[Plaintiff 's] vindictive,
fraudulent,
and retaliatory ....,,
Continues to :
"...committed
criminal tax fraud."
lmproper
opinion
testimony;
Conclusions and
al legations rather than
factual statements.
lntentional
defamatory
statements made for
improper purpose
with
no connection to
current matter before
the Court.
Grant
_
Deny
Exhibit
B; Page
71; line
2-13
Begins "Good
afternoon Ms.
Lynch ...."
Continues to:
"...Special
lnquiries & lntelligence
Division."
Authenticity.
Purports to quote
or
paraphrase
a document
with no showing as to
source.
Grant
_
Deny
IT IS SO ORDERED AS INDICATED
ABOVE THE PLAINTIFFS'
OBJECTIONS A
SUSTAINED. THE TESTIMONY
CONTAINED IN THOSE PORTIONS TO WHICH OBJECTIO
ARE SUSTAINED IS STRICKEN.
DAIED:
By
ruDGE OF TH
-26
POS-040
ATTORNEY OR
pARTy
WTHOUT ATTORNEY (/Vane, State Bar number, and address):
Jeffrey Korn, SBN 150978
714W. Olympic Btvd., Suite 450
Los Angeles, CA 90015
TELE'H.NE No
(310) 430-5681
FMN, (optionat):
E-MAIL ADDRESS (Optionat):
Arl'RNEy FoR
rtuame)rplaintiffs
Leonard cohen
;
Leonard cohen lnvestments
FOR COURT USE ONLY
supERtoR couRT oF cALtFoRNtA, couNTy oF
Los Angeles
STREETADDRESS, 111 N. H|II Street
MAILING ADDRESS:
clrY AND zrP coDE:
l_gg Angeles, CA
g00
i 2
BMNCH NME,
Central -
Stanley Mosk
PLAINTIFF/PETITIoNER:
LEoNARD NoRMAN CoHEN; et aI.
DEFENDANT/RESPONDENT:
KELLEY LYNCH
Check method of service (only one):
l--_l ey Personar service f_-l ay mait l-__l ey overnight Derivery
CASE NUMBER:
8C338s22
JUDGE:
Hon. RObert L. HeSS
OEPT.:
)d
(Do not use this proof of seruice to show seruice of a summons and complaint.)
1. At the time of service I was over 1g years of age and not a party
to this action.
2. My residence or business address is:
714W. Olympic Blvd., Suite 450, LosAngeles,
CAgO015
3'
Tl The fax number or electronic service address from which I served the documen ls is (comptete if seruice was by fax or
electronic seruice):
4.
91!lty),1!1912014
tservedthefoilowingdocuments
(specify):
PLAINTIFFS'OBJECTION
TO PRESENTATIbN
OT IVr trSrIrr,roNYAND
NoTICE oF
LODGING PROPOSED
ORDER ON OBJECTIONS
t] The documents are listed in the Aftachment to Proof of Service-Civit (Documents
Served)(form
pOS-O40(D)).
5' I served the documents on the person
or persons
below, as follows;
a. Name of person served: KELLEY LYNCH
b' l-l (Comptete if seruice was by perconal
seruice, mail, ovemight detivery, or messenger service.)
Business or residential address where person was served:
Kelley Lynch c/o Paulette Brandt; 1754 N. Van Ness Avenue, Hollywood, CA
go02g
c. f71 (Complete if seruice was by fax or electronic seruice")
(1)
rax number or erectronic service address where person was served.
kelley. lynch.20 10 @ g mail. com
(2) Time of service:
8:00 A.M.
[-l rrre names, addresses, and other applicable informatlon about persons
served is on the Aftachment to
proof
of
Seruice-Civil (Persons
Served) (form
pOS_040(p)).
6. The documents were served by the following means (specify):
a' l-_l By personal
s9ryice. I personally
delivered the documents to the persons
at the addresses listed in item 5. (1) For a
party represented by an attorney, delivery was made to the attorney or at the attorney's office by teaving the documents,
in an envelope
-o-r
package
clearly labeled_ to identify the aftorney being served, with a receptionist or an individual in
charge of the office, between the hours of nine in the morning ano Rrjin the eveninj.
{2)
For a party, delvery was maoe
to the party
or by leaving the documents at the party's reside-nce with some person
,iot yornger^
than 1g years of age
between the hours of eight in the morning and six in the evening
Page 1 of 3
Fom Approved ior Optional Use
Judicial Council of Califomia
POS440
[Rev. Juty 1, 2O11]
PROOF OF SERVICE_CIVIL
(Proof
of Service)
Code of Civil Pr@edure,
SS
.1010.6,
1011, fi13,
j113a,
2015.5: CaL Rutes of Court, rules 2.260, 2.306
w.coufts.ca.gov
Kelley Lynch v. Leonard Norman Cohen; et al.
POS-040
6' b'
n
By United States mail. I enclosed the documents in a sealed envelope or package
addressed to the persons
at the
addresses in item S and (specify one):
(1)
n deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.
(2) n placed
the envelope for collection and mailing, following our ordinary business practices.
I am readily famitiar
with this business's practice
for collecting and processi-ng
"orr""pond"n""
fo, mailing. on the same day that
corresPondence is placed for collection and mailing, it is deposited in the ordinary co-urse of business with the
United States Postal Service, in a sealed envelope"with postage futty
frepaia.
I am a resident or employed in the county where the mailing occurred. The envelope or package was placed
in the mail at
(city and state):
c'
I--l
By overnight delivery. I enclosed the documents in an envelope or package provided
by an overnight delivery
carrier and addressed to the persons
at the addresses in item s. I placeo
th-e envelope or package for collection
and overnight delivery at an office or a regularly utilized drop box oi the overnigrrt oerivery carrier.
d' [-l By.messenger
service. I served the documenls by placing
them in an envelope or package addressed to the persons
at the addresses listed in item 5 and providing
them to a pr6fessional
messenglr
""*i""
for service. (A declaration by
the messenger must accompany this Proof oi Seruice or'be contained in the declaration of Messenger betow.)
e'
i--_l
By.fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents
to the persons
at the fax numbers listed in item 5. No error was reported by the fix machine that I used. A copy of the
record of the fax transmission, which r printed
out, is attached.
f'
l-__l
By electronic service. Based on a cgul order or an agreement of the parties
to accept electronic service, I caused the
documents to be sent to the persons at the electronic sirvice addresses listed in item 5.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dale: 1/16/2014
Jeffrey Korn
6er
DECLARANT)
(lf item 6d above is checked, the dectaration betow must be completed or a separate dectaration from a must be aftached.)
DECLARATION OF MESSENGER
[-l
gy
personal
servic.e. I personally
delivered the envelope or package
received from the declarant above to the persons
at the
addresses listed in item 5- (1) For a party represented by an attornev, detivery was made to the attorney or at the attorney,s
office by leaving the documents in an envelope or package,
which was clearly labeled to identifu tne attorney being serveo,
with a receptionist or an individual in charge of the'office,-between
the hours bt nine in the morning and five in the evenlng. (2)
For a pa(y, delivery was made.to the part-y or by leaving the documents at the party's residence with some person not younger
than 18 years
of age between the hours oi eighi in the riorning and six in the evening.
At the time of service, I was over
'18
years of age. I am not a party to the above-referenced legal proceeding.
I served the envelope or package,
as stated above, on (date):
I declare under penalty of perjury
under the laws of the state of california that the foregoing is true and correct.
Date:
POS-040
[Rev. Juty 1,2Ot1]
(NAME OF DECLARANT)
(SIGNATURE OF DECLARANT)
Page 2 of 3
PROOF OF SERVICE_GIVIL
(Proof
of Service)