Digitally signed by

Joseph H Zernik
DN: cn=Joseph H
Zernik, o, ou,
Dr Z email=jz12345@ear
thlink.net, c=US
Location: La Verne,
Joseph H Zernik, DMD, PhD California
Date: 2010.01.24

PO Box 526, La Verne, CA 91750; Fax: 801.998.0917; E-Mail: jz12345@earthlink.net 08:12:27 -08'00'

08-03-07 Bryan Cave, LLP letter to Atty Pasternak purported on behalf of Countrywide-
demand for pay of $16,170

Upon review by a competenet court, such paper should be deemed evidence of fraud and
extortion, for reasons, including, but not limited to the following:

1) The evidence demonstrated that the caption of Samaan v Zernik was 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 demand for pay came with “notice of ruling”, but failed to provide a signed,
authenticated order imposing sanctions. Such notice of ruling was inadequate and
insufficient.
5) Attorney Pasternak purportedly paid such sanctions from funds that were outcome
of conduct that was opined by James Wedick, fraud expert as “fraud being
committed”.
6) Today, both Countrywide/Bank of America, and Bryan Cave, refuse to answer on
whose behalf such demand for payment was made.

It should be noted that the same fraud was perpetrated relative to the purported “Protective
Order” or “Restraining Order”. It was never produced , never served, never filed. Those
facts were repeatedly raised with Bryan Cave, LLP and the Court. Therefore, one may claim
that there was no reliance in this case, and therefore - no fraud.
The conduct of the Court, Countrywide/Bank of America, and Bryan Cave, LLP was simply
extortion.

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

By: _______________

Joseph Zernik
 lCO"' Mokbw,ky ~~~ 3.- /1- uP
~ #f
0

.~~~~
Direct: (310) 576-2377
ryancaw.com .
lenna Id

~~~

Bryan Cave LLP

120 Broadway, Suite 300

Santa Monica, CA 90401-2386
March 7, 2008
Tel (3101576-2100

Fax (310) 576-2200

wwwbryancave.com
VIA OVERNIGHl1 MAIL

David J. Pasternak
PASTERNAK, PASTERNAK & PATTON LLP Chicago

1875 Century Park E~st, Suite 2200 Hong Kong

Los Angeles. Califon#a 90067 Irvine

Jefferson City

Kansas City
Re: Samaan v. Zemik, L.A.S.C. Case No.. SC087400 Kuwait

Los Angeles

New York
Dear Mr. Pasternak:
Phoenix

As you know, we rep~esent Countrywide Home Loans, Inc ("Countrywide"), a non- Shanghai

party in the above-referenced matter. As reflected in the enclosed Notice of Ruling, St Louis

on February 15, 2008;, Judge Friedman granted Countrywide's motion to enforce the Washington. DC

protective order an4 for other relief against Defendant Joseph Zernik. Judge
And Bryan Cave,
Freidman also granted Countrywide's request for sanctions and ordered Dr. Zernik to A Multinationa! Partnership,
pay Countrywide san<t:tions in the amount of $16,170 within twenty (20) days of the
London
February 15,2008 hdring. Accordingly, Dr. Zemik was to pay Countrywide $16,170
in sanctions by Marchi 6, 2008. .

As of today, March t 2008, Countrywide has not received any payment from Dr.
Zemik. Pursuant to tI1e Court's Order, in the event that Dr. Zernik failed to pay the
sanctions to CountryWide, you, as the Receiver in this matter, are authorized to pay
the total amount of these sanctions to Counurywide in the care of its counsel of
record, Bryan Cave I!-LP, from the Receiver's Fund upon notice of Dr. Zernik's
failure to pay.

SM01 DOCS672076.1
 Bryan Cav~ llP
David J. Pasternak
March 7, 2008
Page 2

Accordingly, at your earliest convenience, please provide me with a check in the amount of $16,170
made out to CountryiNide Home Loans, Inc. rdlecting payment from the Receiver's Fund. Please feel
free to contact me with any COlnments or questions.

Very truly yours,

~/vV/~YfW d&Afl~
J~n, Mold,w,ky 0
JM:fk

cc: John W. Amberg, Esq.

Joseph Zernik, DDS, DMD
 ~ 3-l"'cy
1 ~BRYANCAVEU..P
John W. Amberg (CA State Bar No. 103166)
~~
2 I Jenna Moldawsky (CA State Bar No. 246109)
120 Broadway, 'Suite 300
3 II Santa Monica, <!=alifornia 90401-2386
Telephone: 3:10-576-2100
4 II Facsimile: 3110-576-2200

5 I Sanford Shatz (.:A State Bar No. 127229)

Todd A. Booc~ (CA State Bar No. 181933)
6 115220 Las VirgeJiles Road, MS: AC-11
Calabasas, Cali~ornia 91302
7 I Telephone: 8!18-871-6062
Facsimile: 8~ 8-871-4669
8
Attorneys for Countrywide Home Loans, Inc.
9

10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
FOR THE COUNTY OlF LOS ANGELES, WEST DISTRICT
CD
co
(")
12
~
o~
00
(")v 13 II NIVIE SAMAA.N, et aI., Case No. SC087400
Cl.2g
...J .-
...J :::> II>
(1) en °E 14 II Plaintiffs,
~ ~g NOTICE OF RULING
O:;rn
c-oO_
II> II> 15
2:'011>
~ 0
III III 'c II vs.
00
~2
16
II>
C Date: February 15, 2008
II>
(/) 17 II JOSEPH ZERNIK, et al. Time: 8:45 a.m.
Dept: WEJ
18 Defendants.
19
TO THB PARTIES AND THEIR COUNSELS OF RECORD:
20
Countrywide Home Loans, Inc.'s ("Countrywide") motion (1) to enforce the July 23,
21
2007 protective 9rder against Defendant Joseph Zemik ("Zernik"); (2) for monetary sanctions
22 ~ ,
against Zernik in the amount of$16,170; (3) for a declaration that Countrywide has no
23
obligation to respond further to Zernik's harassing communications; and (4) for an order to
24 II
show cause why Zernik should not be held in contempt and sanctioned accordingly (the
25
"Motion") carne 'On for hearing before the Honorable Terry B. Friedman in Department WE]
26 II
of the Los Angelb Superior Court, \X/est District, on February 15, 2008. John W. Amberg of
27 II
Bryan Cave LLP appeared on behalf on non-party and movant Countrywide. Defendant
28

SMOl DOCS671780.! NOTICE OF RULING

 Joseph Zernik appeared on his own behalf. Also in attendance were Receiver David).

2 II Pasternak and Moe Keshavarzi of Sheppard Mullin Richter & Hampton LLP, counsel for

3 II Plaintiff Nivie Samaan.

4 Having read and considered the Motion and all papers submitted in support thereof

5 and in opposition thereto, and having heard and considered the argument of counsel! and

6 Defendant]os~phZernik, and good cause appearing therefor,

7 THE COURT MADE THE FOLLOWING FINDINGS:

8 1. The Protective Order issued by the Honorable Jacqueline Connor on July 23, 2007 (the

9 "Protec~ve Order") is a valid order and the Court was authorized to grant the'

10 Protective Order pursuant to California Code of Civil Procedure Sections 203'1.060

11 and pursuant to California Code of Civil Procedure Section 128(a)(5). Both code
<0
co
(")
12 sections serve as legitimate bases for the issuance of the Protective Order;
';I
o~
00
(")V 13 2. The Protective Order is affIrmed and remains in full force and effect; and
0
Q..<1l
......J .~O')
..J:::llll
Q) en 'E 14 3. Count.ry;:vide presented sufficient evidence that Defendant] oseph Zernik violated the
~ ~~
o~"iij
<:"00 15 Protecti'le Order and should be sanctioned.
~~rn
u ~
[l) [l) .;::
00
~~
16 THE COURT GRANTED THE MOTION AND SPECIFICALLY ORDERED THAT:
ro
C
ro
C/)
17 1. Defendant]oseph Zernik is to pay Countrywide (through Countrywide'S attorneys of

18 record) the amount of $16,170 as sanctions within 20 days of the hearing. In the event

19 that Zerrtik fails to pay these sanctions to Countrywide, the Receiver in this matter,
I

20 David J. ~asternak, is authorized to pay the sanctions to Countrywide from the

21 Receiver's Fund upon notice to the Receiver and Defendant] oseph Zernik by

22 CountryWide; and

23 III
24 III
25 III
26 III
27 III
28 III
SMOlDOCS671780.1 2

NOTICE OF RULING
 2. Defendant Joseph Zernik is ordered to appear on Match 7, 2008 at 9:30 a.m. to show

2 II cause why he should not be held in contempt of court and sanctioned for violating the

3 II Protective Order.

4 DATED: March 7, 2008 BRYAN CAVE LLP

11
5 John W. Amberg
Jenna Moldawsky
6

7 r
By: \:.~ vv 1\...tl1 I r ~ ~ \ V·--e-41)..r~
8 ., enna Moldawsky
Attorneys for
9 COUNTRYWIDE HOME LOANS, INC.
10
11
to
<X)
(")
12
~
o~
00
(")~ 13
~.~~
~ Uj.~ 14
~ ~~
U~<c
c-oU 15
'" u-
'"~O'"
~
en en·c:
00
~~
16
ro
E
ro
(J)
17
18
19

20
21
22
23
24
25
26

27
28 "

SMOIDOCS671780.1 3

NOTICE OF RULING
 PROOF OF SERVICE
2
I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
3 not a party to th!e within action. My business address is 120 Broadway, Suite 300, Santa Monica,
California 90401-2305
4
On Mar~h 7, 2008, I served the foregoing document(s), described as NOTICE OF
5 RULING, on the interested party(s) in this action, as follows:
6
Moe Keshavarzi, Esq. Joseph Zernik
7 Sheppard Mulliri Richter & Hampton, LLP 2415 Saint George Street
333 South Hope Street, 48th Floor Los Feliz, California 90027
8 Los Angeles, CJ\. 90071-1448 Telephone: (310) 435-9107
Facsimile: 213-620-1398 Facsimile: (801) 998-0917
9
mkeshav~rzi@snepl2Mdmullin.com izl2345@earthlink.net
10
Robert J. Shulkin, Esq.
11 David J. Pasternak Legal Department
Pasternak, Pasternak & Patton, LLP Coldwell Banker Residential Brokerage Company
<D
<X>
c<>
12 I

1875 Century Park East, Suite 2200 11611 San Vicente Boulevard, 9th floor
~
o~
00 13 Los Angeles, California 90067-2523 Los Angeles, CA 90049
c<>'<t
Q..Q)0
-.J~O>
Telephone: 310-$53-1500 Facsimile: 310-447-1902
--l:>ro
Q) (/) 'c 14 Facsimile: 310-553-1540 rot)ert.shulkin@camoves.com
> ~ 0
0rn~
:: ro
djp@pasbn,v.com
cuO 15
~~ro
[]) cD .2
c
00 16
~:2
ro
[8J (l?Y OVERNITE EXPRESS) I deposited in a box or other facility maintained by
C Overnite Express, an express carrier service, or delivered to a courier or driver authorized by said
ro
U)
17
express carrier service to receive documents, a true copy (Qr original) of the foregoing document, in
18 an envelope designated by said express service carrier, with delivery fees paid or provided for.

19 Executed on March 7,2008, at Santa Monica, California.

20 I declar~ under penalty of perjury under the laws ofthe United States of America
and the State of California that the foregoing is true and correct.
21
22
23 ..)./-- -
24
25

26

27
28
SMO lDOCS67 I 780.1 4

NOTICE OF RULING