Professional Documents
Culture Documents
D.E!J.ARAno~ Of SERVICE
Alisha R. Cormier ltates: [am employed in the County oHm Anac1n. State of
4 I California. over the age of eighteen years and not a pIl1y to 1M within 1Ction. My buaineu Ilddn:u
is 648 Kenneth Hahn Ball of Administration. SOO Wesl Temple Slm', Los Angeles, California
51 90012-2713.
61 That on July 24, 2007, I served the attached
7I (PROPOSED) JUDGMENT &: ORDER OF DISMISSAL
81 upon Interested Party(ies) by placinLC the original • a true copy thereof enclo!Cd In a sealed
envelope addressed II as follows [J IS stated on the anached maIling list
9 n Gregor)' P. Sqa" Elq.
lila (BY !\tAIL) by sealing and "Iacmg the envelopt for collection and maIling on the date and
12 at the place shown above followmg our ordinary bUSiness practICes I am rudlly fanulw
with this office's prachl'e of collection and pl'ocessang correspondence for malllnf' Under
13 that practice the com~pondence would be depoSited WIth the United States Posta Snvice
that same day with postage thereon fully prepaid.
14 0
15
1 (BY EXPRESS MAIL) by seahns and depciSltmg the: documtnt(s) hlted above in a post
office, mailbox, sub-post o1lice, substation, or ma.1 chute, or other like facIlity rqularty
maintained by the United States Postal Service: for receIpt of Exprns Mall or by seahna
16 and depositing the document(s) lD a box or other facIlity regularly maintaaned by an
express service carrier with delivery fees prc"aid or provided for
171° (BY FACSIMILE) I caused such document to be ddlvercd from the faclumJle machine It
telephone number on (datl:)___ ._ at . 1m. J p.m to the
18
facsimile machine at telephone number ---",e transmlltS10n was
19 reported as complete and without error, A copy ortlle tnnsmisslon repon was properly
issued by the transmitting facsimile machine and IS attached h~to
2011
0 (BY PERSONAL SERVICE) 1delivered such envelope by hand to the offIces of the
I addressee.
:~ II a (STATE) I declare under penalty of perJury under the la"!t of the Siale 01 CalifornIa that
thl' foregOing is trut' and '~orrect.
23 110 (FEDERAL) I declare thai [ am employed In till' nlfl(CS of a member of thl~ l'Ourt at
2~ whose direction the !tCI"\'l(e was made
Al,,,ha!{ ( .'mlll·r
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21 SUSTAINED without lave to amend. ~.lbillCtion ia DISMISSED wrm
5 DATED _J (O,IJ I ~_
n
WAMD fEES. COSTS AN~I mATM
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Rober1 A. WeInbetg. EIq., SBN 1101~
"'"' Ln 0tIlc:eI d Robert A. Weinberg
18034 Ventura ~ 1S11
Encino. CA 91311
FILED
tal ANOIU!S C'OOIT SUPERIOI
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11U!I"HCM ItO (818)7'05-3254 FlUltO ~ (I'lli~
E...... ADIlMIS~
AfTOIIN'V P'OIt _ _ PIIInIIr AUG 1'; lOO7
IUPIIICIIt COURT 011 ~ COUNTY 011 LOS ANQIUI.
mm AllCNII· '125 Meln &rMt ~
DBrCtertl
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JUDGMENT
BrDIfaM
On"""an
8 0*."DIlI ...
M1IJrCewt TfIII SCOi2145
~"TNI
JUDGIetT
,. {Z] IYOEFAULT
a Defendant ... properly MrY8d will • OCIPY d tlelummonl 8nd ~nt
b Defendant failed to ...... the ~ 0 1 ' . - ' 8nd ew.nd tie actio"..., ..
lime aIIowecI by 1ft
c. QefendanI'I def8UII wu .,....,., by" dart upan .,..,.. ~ l
d. 0
CIertl'a JudgmMt (Code Qy Proc., '585(.:0 D**'" _ BUIld only on • oonIraCt 01' jUdgrnenI fA. COUIt d
thlI . . . tor the rece:MWY d money.
e [Z] Court.ludgrnanl (Code CN Proc.• '5e(b» The court oonaidafe~
(1) 0 p1aintift'l ..... 'lOlry and oe.~.
(2) [l] pIaW1tIf'/'I wntten dednIiDI. (Coda C1v. Prot.,' 585(d».
2. 0 ON STl'ULATION
a Plaintiff end defendwlllIgI1NId (1tipAated) ltat.;IIdgmant be..-.d "I thIa caM. The oour1 ~ . . ~
judgment and
b 0 the algned wntten Itipulation ... Ned in hi CMa.
c 0 the ItIpUatlon . . . stated in open 00UIt 0 the ItIpUIIIIon w• .-..d on . . I1ICXlftI
3·0 AFTER COURT TRIAL The /UfY ... waiYed. The Ol:JUlt c:onU*'ed \he 8\~
a. The C8H . . . tried on (dfIte and time).
before (name of judicial officer1,
b. Appearances by
o P1alntllY (name NCh)· CJ PIaintlIr. ettomey (name NCh)
(1 ) (1)
(2) (2)
o Continued on Attachment 3b
(2) (2)
o Continued on Attachment 3b
c D Defendant did not appear at tnal Defendant was proper1y served with notice of tnal
d 0 A statement of declSlor (Code C,V Proc... § 632) 0 was not 0 was requested
..... '.11
r,)I"T1 ""'{'I"",,,,.,,,: I.W ':,(~,~. ')W
JUDGMENT C ,... '" ., ,_> .... PI')l';e4J," M~ 864 e
,h.id~:3 _J,;>,f ~ Car.tJl1~
1';[ ' f 'w"" d'~rl' .:·)..... 21
5, PIl1tft. Judgmenl is
a [l] lor plaintiff (rwne NCh) cOlor C1OSS~"W"rn.nlf! HC~J
. Haka" Corpomu Amenca, I"C
6. Amount.
a. [Z) o.r.mnt named In llem sa above mull c 0 CI'ota-delelldenl named In Item !Ie 8tJo¥tt IYlUlIl pity
PlY paintIfr on Itle oompIIlnI. cn:.~onthe~
7 0 0lIlef (rpecify).'
Om D~.by , 0IiPU'Y
Dale
C\et1(. by . _ - - _ . Deputy
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JUO-HIO\*- _ , 1002!
JUDGMENT
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~PERIOR COURT OF CALIFORNIA, COUNTY OF
FILE))
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lJTM(El AOOAEISII I 7l .. - 1.\', " • f.- «(, ~, <"'" \ () .L
UAlMQ ACJ()fl(A
IWRAGI or
PiiltlUNERS
HUSBAND". Jes Christensen
~\}G \ 0\ 11lGl ~I
: DE M, rlEPVrY
"?- COU?:t
WIfE; Malle Delgado S\)i'::'\\\~\\i"I\\C'1
REQUEST FOR JUOGM£Nl'. RNo ~Gl :MiiMENl'il CAII-..a
·..:\102·\727
, declarf ~ qena~ l6lder trIe!awl ~ ltIe State at ~ that ltIe b'egOinQ IS true and correct.
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Jt:!i ehri sten.o;en r L, L \,..... I j l--· \_
,rVP( OR .....-r _ I 'SIGNA ~ OT HUIlIINCl Oft_£)
.. 0 Husband, 0 WIfe. wtlo ctd not request his 01 her own former I'IlUM be restofed when he Ot stoel9*lltle ,om
petition. now requestalhat it be restofed. The appli(;8nI'llormef name is:
08..:
'rvPf.OA _ _ 1
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--..0 TO HAllE HIli Oft HER _ AEST~ot
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8. HIAband. IIld WIte.
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NOT1Cf: ~ may ~ c..c:eI !tie ngr.tlI 01 • spouI(I Inter . . ~ apoJM" ..... 11lMf. . . ., ... beneftI pIar1, ~ of
~. !WI' Otl dMlt1 I'Jar* ¥COUtIl ltIINfw Otl . . . . , lf4Ihde ~ ~ ~I to Illy ll'~ owned II'l /Olf1Ilenrq, and .".,
othet .."..., INnlJ II daft nIX aulO1TV1ttc;a1y c.M'CeI lt1e nt,1l\& cJ a fC)OUM as ber*'aIIy of Thl octlIlf ~'. Ille nur.-.ee pdIcy y OIJ UlouId
re\'_ ItIeU INnenl. as well as if')' Ctd eNds. Olt>e< Cfedlt acGOtlOla, inIur8nc4I polIciei reoremert benetJl planl, and credit r~ 10
~f\W1e ~ ~ ~ tlf! ct-anged Of wt>e4tlet )"')IJ VlOuld UIQ Iffy octw adIOnI,
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Bar No.:
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:1 Attorr.eyts) for
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Petit loner
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PAUL ED~AFC GILLILAND
Respondent
:t<n THiS STIPULATEC JUDGEMENT 15 made and entered lr.~c, cr. ;"p,: :;. 4.'
:,
a~ Santa Marllca, california, by and betwt'en tt0NNA MAfiIE' ,;1:'L:;.',: ..
"Tr.e F.,!' ,,",5," ar.d 15 based ·"por. t~,e fol10 .... 1r.;;: fj"~ Io",;.!. ",f> ri't~. '!'.
;., :-~.,. par:~es .... ere IT,arrlt-'') t) eact, rt.t.t'! .... ~"-<f": :& r t ." p ~ t
. ~4~r .:,: '>/II ~ :- e :.- en t 1 n u. 0 ~ s ~ / .. ~'.•_ ! 1
~Illi t .J~1 .h
dl. ll"
{.d l'.//
t"VA.'\.f'~
STATE OF ( .-
COUNTY OF L C'. -~,
------ 55.
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appeared~iwI~7,
On "-+ (J..b I 2
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before me, ....... An <n-o. "'4 r
--_.=:.:..._- personally
(SEAL)
1dt~M!Jtr'1foiAf~ - . -:-
,- C'~ . t~'
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JIOTARY. CItftOI
~fiIF l.J7l~
( ,'1,11'1
11 September 26.2003
12 (B) The parties ha..~ no minor child
:4 wh,ch the parties have lived S4~parate and apart because of thft
15 irremediable breakdown of thf! marriage and have agreed to live free from
17 (0) The parties ac:knowledge tha't there is an actIon pendtng In the Superior
22 AGREEMENT only
", 2. PURPOSE ()F THE AGREEMENT
~4 II The purpose of thiS AGREEMENT is to make a flna! and complete settlement of
25 U the party's rights and oblt!Jations as set fl)rth herein
~6 II (A) The parties '~pectfically agree that their mat~!ag(: of 1110711993 be
27 II dissolved based on Irreconcilable differences under Family Code,
28 §2310(a)
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MARIT.AI. SETTLEMENTAGREE.MENT·
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II ~:::;>\l~
'I
Enclosed is email correspondence on Sept 7, 2007, where I demanded to see the papers that formed the
foundation for Retired Judge O’Brien’s appointment.
A reasonable person reviewing the facts in this matter would conclude that Judge Connor in collusion with Att
Keshavarzi an Judge O’Brien were engaged in fraud against me, under the guise of executing a judgment of a
court of California.
But the court considered my objection to their fraud a reason for further retaliation, and the appointment of a
fraudulent “Receiver” instead.
Christie Woo
Case Manager
-----Original Message-----
From: David Zasloff [mailto:DZasloff@sheppardmullin.com] On Behalf Of
Moe Keshavarzi
Sent: Friday, September 07, 2007 9:29 AM
To: Christie Woo
Cc: Moe Keshavarzi
Subject: Samaan v. Zernik
David Zasloff
Secretary to Moe Keshavarzi
Sheppard, Mullin, Richter & Hampton
333 S. Hope Street, 48th Floor
This message is sent by a law firm and may contain information that is
privileged or confidential. If you received this transmission in error,
please notify the sender by reply e-mail and delete the message and any
attachments.
DATE 08/30/07
DEPT. WEI
HONORABLE JACQUELINE A. CONNOR JUDGE V. JAIME DEPUTY CLERK
ice is waived.
then be filed.
CCP 170.6 - JUDGE NEIDORF
safe harbor period, the motion for sanctions may
court. If the pleading is not withdrawn during the
NATURE OF PROCEEDINGS:
motion for sanctions may not be filed with the
avoid sanctions. If the pleading is withdrawn, the
DEFENDANT (JOSEPH ZERNIK) MOTION FOR SANCTIONS;
party may withdraw the improper pleading and thereby
court. During the safe harbor period, the offending
which the sanctions motion may not be filed with the
Matter is called for hearing. Both parties
party begins a 30-day safe harbor period during
acknowledge receipt of the Court's tentative ruling
sanctions. Service of the motion on the offending
as follows: must serve on the offending party a motion for
follow a two-step procedure. First, the moving party
The motion of defendant Joseph Zernik for sanctions
pursuant to Code of Civil Procedures §128.7 is
A party seeking sanctions under CCP §128.7 must
DENIED. Plaintiff is ordered to give notice.
DENIED. Plaintiff is ordered to give notice.
A party seeking sanctions under CCP §128.7 must
pursuant to Code of Civil Procedures §128.7 is
The motion of defendant Joseph Zernik for sanctions
follow a two-step procedure. First, the moving party
must serve on the offending party a motion for
sanctions. Service of the motion on the offending
as follows:
acknowledge receipt of the Court's tentative ruling
party begins a 30-day safe harbor period during
Matter is called for hearing. Both parties
which the sanctions motion may not be filed with the
court. During the safe harbor period, the offending
party may withdraw the improper pleading and thereby
ZERNIK) MOTION FOR SANCTIONS; DEFENDANT (JOSEPH
avoid sanctions. If the pleading is withdrawn, the
motion for sanctions may not be filed with the
court. If the pleading is not withdrawn during the NATURE OF PROCEEDINGS:
safe harbor period, the motion for sanctions may
then be filed. CCP 170.6 - JUDGE NEIDORF
sanctionable conduct.
CCP 170.6 - JUDGE NEIDORF
counsel of record, Moe Keshavarzi, engaged in
There is simply nothing to show that SAMAAN or her
NATlJRE OF PROCEEDINGS:
opposition to plaintiff's summary judgment motion.
arguments made by ZERNIK, which were repeated in his
independent evidence to establish how the motions
already considered and rejected the substantive
are different. Page 32 of ZERNIK's motion was signed
65 Cal.App.4th Supp. 10, 14.) Second, this Court
on April 20, 2007 and again on August 9, 2007. There
safe harbor provision. (Cromwell v. Cummings (1998)
is nothing to show that the pagination of the motion
improper pleading would undermine the purpose of the
is awry or that anything was added or changed.
brought following judicial disposition of the
support. Permitting a motion for sanctions to be
However, this motion does fail for two reasons: (1)
improper, fraudulent.or lacking in evidentiary
it was served five months after the alleged
documents submitted by plaintiff were false,
offending documents were submitted to the Court in
(2) there is absolutely nothing to show that the
conjunction with defendant's motion to expunge lis
pendens heard and denied on November 9, 2006; and
pendens heard and denied on November 9, 2006; and
conjunction with defendant's motion to expunge lis
(2) there is absolutely nothing to show that the
offending documents were submitted to the Court in
documents submitted by plaintiff were false,
it was served five months after the alleged
improper, fraudulent.or lacking in evidentiary
However, this motion does fail for two reasons: (1)
support. Permitting a motion for sanctions to be
brought following judicial disposition of the
is awry or that anything was added or changed.
improper pleading would undermine the purpose of the
is nothing to show that the pagination of the motion
safe harbor provision. (Cromwell v. Cummings (1998)
on April 20, 2007 and again on August 9, 2007. There
65 Cal.App.4th Supp. 10, 14.) Second, this Court
are different. Page 32 of ZERNIK's motion was signed
already considered and rejected the substantive
independent evidence to establish how the motions
arguments made by ZERNIK, which were repeated in his
opposition to plaintiff's summary judgment motion. NATURE OF PROCEEDINGS:
There is simply nothing to show that SAMAAN or her
counsel of record, Moe Keshavarzi, engaged in CCP 170.6 - JUDGE NEIDORF
sanctionable conduct.
The motion for §128.7 sanctions is DENIED.
(X) ROBERT MUSSIG Counsel (X) JOSEPH ZERNIK
VS
The Court orders the Defendant's Motion pursuant to
Defendant
NIVIE SAMAAN
Code of Civil Procedures Section 128.7 Stayed until
ROBERT MUSSIG
further ruling by the newly assigned Court.
(X) Counsel
Plaintiff 8:30 amlSC087400
Reporter CSR#5567 K. CALL Deputy Sheriffll CA B. VARGAS
MINUTES ENTERED #13
ELECTRONIC RECORDING MONITOR Page 3 of 5
JUDGE PRO TEMDEPT. WEI 09/10/07 HONORABLE
COUNTY CLERK
DEPUTY CLERK V. JAIME JUDGEII JACQUELINE A. CONNOR HONORABLE
COUNTY CLERK
HONORABLE JUDGE PRO TEM ELECTRONIC RECORDING MONITOR
09/10/07 WEI DEPT. 5 4 of Page
#13 MINUTES ENTERED
B. VARGAS CA Deputy Sheriff K. CALL CSR#5567 Reporter
NATURE OF PROCEEDINGS:
OFF THE RECORD:
Counsel for Plaintiff is ordered to give notice.
The Court announces Defendant/Cross-Complainant Joseph
Zernik, has filed a 170.3 request to disqualifty the
calendar.
Court this date. The Court despite the allegations
advanced to this date and ordered placed off
Any and all future dates set in Department WE"I" are
made in Mr Zerniks' declaration, without conceding
the disqualification statement, the Court believes
that in the interest of justice, the Court should
Judge presiding for all purposes.
recuse Itself on Its own Motion Pursuant to Code of
Department WE"H", Honorable Allan J. Goodman,
Civil Procedures Section 170.3(c)2.
reassigned to the West Los Angeles Superior Court,
Honorable Gerald Rosenberg, the case is ordered
Pursuant to the Order of the Presiding Judge,
Pursuant to the Order of the Presiding Judge,
Honorable Gerald Rosenberg, the case is ordered
reassigned to the West Los Angeles Superior Court,
Civil Procedures Section 170.3(c)2.
Department WE"H", Honorable Allan J. Goodman,
recuse Itself on Its own Motion Pursuant to Code of
that in the interest of justice, the Court should
Judge presiding for all purposes.
the disqualification statement, the Court believes
made in Mr Zerniks' declaration, without conceding
Any and all future dates set in Department WE"I" are
advanced to this date and ordered placed off
Court this date. The Court despite the allegations
Zernik, has filed a 170.3 request to disqualifty the
calendar.
The Court announces Defendant/Cross-Complainant Joseph
Counsel for Plaintiff is ordered to give notice.
OFF THE RECORD: NAHIRE OF PROCEEDINGS:
Status Conference is set for October 10, 2007 at CCP 170.6 - JUDGE NEIDORF
8:30 a.m. in Department WE"H" at the West Los
Angeles Courthouse (Pursuant to the clerk in
Department WE"H")
(X) ROBERT MUSSIG Counsel (X) JOSEPH ZERNIK
Defendant VS
NIVIE SAMAAN
ROBERT MUSSIG
Counsel for Plaintiff is ordered to give notice.
(X) Counsel
PlaIntiff 8:30 amlSC087400
CSR#5567 K. CALL Deputy Sheriff II CA B. VARGAS
MINUTES ENTERED
Reporter
#13
Page 4 of 5 DEPT. WEI 09/10/07 HONORABLE
COUNTY CLERK
ELECTRONIC RECORDING MONITOR JUDGE PRO TEM
MOE KESHAVARZI
By:
(X)
V. JAIME
ROBERT MUSSIG Counsel (X) JOSEPH ZERNIK
Defendant
VS
NIVIE SAMAAN
(X) ROBERT MUSSIG Counsel
Plaintiff 8:30 amlSC087400
Reporter CSR#5567 K. CALL Deputy Sheriffll CA B. VARGAS
MINUTES ENTERED
Page 5 of 5 DEPT. WEH 09/11/07
#13
ELECTRONIC RECORDING MONITOR JUDGE PRO TEM HONORABLE
COUNTY CLERK
DEPUTY CLERK V. JAIME JUDGEII JACQUELINE A. CONNOR HONORABLE
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FacSlmiIe: 213-620-1398 .~
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ainnOff Ni'llie Samaan
PlainriffNivie ~~:r ~l'M
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jncJusive,
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Defendants,
Defendants.
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W02.
\V02.WEST;lMMK
WEST; I MMK I <.40<14922!
<400492211. 1.1[ [PROPOSED]
(PROPOSED] ORDER .AJ'POINTING
.lj>POINTING RECEIVER
372 ATTACHMENTS & EXHIBITS p372/679
• •
I1 IT
IT IS
IS HEREBY ORDERED THAT
HEREBY ORDERED THAT David
David J. Pasternak
Pasternak ("Receiver")
("Receiver") shall
shall be
be
44
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La!
Lot 252 ofTrac! Ci!y of Beverly Hills,
of Tract 7710, in the CiD: Hills,
~I
7
1. Before perfonning his duties, the Receiver shall execute a Receiver's
8
oath and file a bond in Department 0 \Villi surety thereon approved by this Court, in the
9
sum of $ JO,OOO.OO, conditioned upon the faithful perfOlmance of the Receiver's dlJ.ties.
10
11 2. Within seven (7) days of his 'appointment, the
the Receiver
Receiver is
is to
to disclose
disclose
12 to all parties any financial relationship between the Receiver and any company
company he
he hires
hires to
to
13 assist in the management of the estate.
14
3. TIle
The Receiver shall have the power and the authority
authority (a)
(a) to
to exclude
exclude
15
15
16
claiming under any of them, from the Property; (b) to take possession
possession of
ofthe
the Property;
Property; (c)
(c)
17
to use, operate, manage and control the Propeny;
Property; (d) to care for, manage,
manage, preselVe,
preserve, protect
protect
]8
18
such care~
and maintain the Property, and incur the expenses necessary for such care, management,
management,
19
preservation, protection and maintenance (e) to pay appropriate expenses
preseIVation, expenses for
for the
the PToperty;
Property;
20
20
(f) to take such other steps as are reasonably necessary to care for,
for, manage,
manage, preserve,
preserve,
21
21
protect and maintain the Property, subject to the contract for sale of
of the
the Property
Property between
between
22
22
23
23
1 after documents are submitted for signature by the Escrowholder, Zemik fails to sign any
3 ofZemik.
4
4. The Receiyer s.hal] prepare and" serve mDnthly
Receiver sfJal1 monthly statements reflecting
5
the Receiver's fees and administrative expenses~
expenses, including fees and costs of agents,
6
accountants and anorneys
anomeys engaged by the Receiver to assist in the administration of the
...7
j
Estate~ inCUIl'ed for each monthly period in the operation and administration of the
inculTed
8
receivership estate. Upon service of each statement, the Receiver may disburse from
9
Estate funds, jf any, the amount of eal;h sl<ltement. Notwithstanding periodi·c
eal,;h sl<:ltement. periodi'c payment of
10
shan be submitted to the Court for its approval ano
fees and expenses, fees and expenses shall ano
11
JJ
form' of either a properly noticed interim request
confinnation in the form· fOJ fees, stipulation of
12
Account and Report.
all parties, or Receiver's Final Accoum
13
]4
14 5. The Receiver may employ agents, employees, clerks, accountants,
admini~er the Estate, purchase materials, supplies and services, and pay for
16 managers to administer
17 them at the ordinary and usual rates out of the funds which shal1
shalI come inlo the Receiver's
18 possession and shaH do all things and incur the risks and obligations ordinarily incurred by
19 owners, property manages and operators of similar properties. and enterprises as such
properties,and
20 Receiver. No such risk or obligation so incurred shall be the personal risk or obligation of
22
6. The Receiver "is
'is empowered to esttlblish bank accounts for the deposit
23
of monies and funds collected and received- in connection"
connection with the estate at federally
24
insured banking institutions or savings associations. Monies coming .into
,into the possession of
25
pUJpose ,herein authorized shall
the Receiver and not expended for any purpose be held by the
shaJl he
26
Receiver in interest bearing accounts.
27
28
-'-'L-,,==:Ex~h~ib~tt J ~-
"..,,;;::';;;;:~p~a~~ge~/~~:;;;;;;-
exhibit. , Page
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W02·WEST:1MMKJ\40049221 J.l
J W02·WEST:1MMKJ\400492211.l ., 3., [PROPOSED] ORDER APPOfNTING RECEIVER
374 ATTACHMENTS & EXHIBITS p374/679
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1 7. The
The Receiver
Receiver shan
shan be
be paid
paid his usual hourly
his usual hourly billable
billable rate, not to
rate, not to exceed'
exceed'
22;$4't-5;OG.·
!>4'7-5;OG. All costs incurred
int;urred by-the-R-eceiverafld-
by-the-R-eceiverafld his attorney-s intBe---performance
intBe--perfonnance of
of their
3 duties, including, but not limited to,
10, their fees, shall be paid from the sale proceeds
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8. . An~y
An:y aJJd
8JJd all expenses of the opcntion
operation of the Estate are the risk of the
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Receivership,
Receivership, and flot
not the personal obligation of the Receiver.
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77 9. The Receiver may issue Receivership Certificates in increments of
88 1I $10,000.00
$] 0,000.00 bearing interest at
2t eight percent (8%) per aimum
arlnum for up to $50,000.00 to any
99 person Qr parties. All funds loaned te
person or tc the
t.he Receiver pursuant to such Receivership
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10 Certificate(s)
Certificate-(s) shalJ priOf to all
shall be deemed to be a lien of first priority which shall be repaid prior
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11 other
other encumbrances and claims, other than costs of administration.
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10. The Receiver and the parties to this case may, at any time, apply to
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this Court for further
this funher or other instructions or orders and for further powers nccessar)' to
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enable
enable the Receiver to perfonn
penonn the Receiver's duties properly.
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16 11. Upon close of escrow,'the
escrow,the Receiver shall hold the net proceeds of the
17 PropeI1y and before distributing it to Zernik, deduct from that amount (1) any
sale of the Property
] 7 sale
18 attorney's fees or costs granted to Samaan by this Court, (2) any damages incidental
18 attorney's incidental'to
to the
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-19 decree of
decree specific perfonnance
of specific performance granted 10 Samaan and (3) the Receiver's fees and expenses
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20 incurred
incurred as described herein.
as described herein.·
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12.
12. The parties, and each of them, on receipt ofth1S
of this Order shall provide
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the Receiver
the Re.cciver wlthtbe
with the tax the-PROPERTY.
tax identification numbers utilized by the PROPERTY. The
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Receiver shan
Receiver also be entitled to utilize the tax Identification numbers during his operation
shall also
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ofthe
of the receivership
receivershlp estate.
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26 13.
13. The Receiver shall detennine upon taking possession of the estate
27 whether
27 V\'hether in
in the
the Receiver's
Receiver's jUdgment
judgment there is sufficient insurance coverage. With respect to
28 any insurance
28 any insurance coverage,
coverage, the Receiver shall be named as an additional insured on the
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Exhibit It. pa'
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ORDER APPOINTING
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APPOINTING RECEIVER
W02_WEST:IMMKI\4004912111 IPROPOSED] ORDER RECEI'\IER
375 ATTACHMENTS & EXHIBITS p375/679
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1 policies for the period that the Receiver shall be in possession of the estate. If sufficient
--2, -insurancc-eoverage-dees
---2" not-exist-, -the -Receiver-shall -immediately notify-the
-insurance-eoverageJoes not-exist, netify--the parties to this
sha1l have thirty (30) calendar days to procure sufficiellt all-risk and liability
3 lawsuit and sha1]
4 insurance on the estate (including earthquake and flood insurance) provided, however, that
5j if the Receiver does not have sufficient funds to do so, the Receiver shall seek instructions
7:i i
7 : for. If consistent with existing 1aw,
1a\:I,.', the Recei ver shall not be responsible for claims arising
lhe Receiver arislng
8 fr0!ll
fr0!I1 the lack of procurement or inability to obtain insurance.
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I' 14.
J 4. The Receiver shall
shan be authorized 'to PU):
authoJized 10 pay all legal obligations of the
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PROPERTY outstanding and coming due.
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12 15. Zernik and his respective agents, employees, representatives and
and
iI " ..
concert with them are ordered forthwith to take all steps reasonably
13 anyone acting in concen reasonably
exercise
to:
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(a) Forthwith providing the Receiver with all keys,
keys. books of accounts,
17 ", .
budgets~ real estate tax and other bills, notices and all
records, operating statements, budgets,
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documentation relating to the PROPERTY
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20 (b) Cooperating with the Receiver to enable him to sell PROPERTY to
21 Samaan.
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[PROPOSED] ORDER APPOINTING RECEIVER
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376 ATTACHMENTS & EXHIBITS p376/679
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1 16. The parties and their respective agents) employees, representatives
2 -and anyone acting in -concert and· restrained-from engaging
with them-are hereby enjoined -and-restrained-from
-cuncertwith
3 in any action which interferes with or frustrates the Receiver's ability to administer the
'control over the PROPERTY.
4 receivership estate and exercise management and 'Control
~
5
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Da1ed:
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Novem~, 2007
Daled: Novem~~
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W02·WEST:IMMK r~92211.1
-6- Exhibff'
Exhibit I Page !I &
g
W02.WEST:IMMK APPOJ"t\'TING RECEIVER
(PROPOSED] ORDER APPOINTING
377 ATTACHMENTS & EXHIBITS p377/679
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Enclosed is the court reporter's transcript for the
14 November 9, 2007 hearing, at 4-day notice, for appointment
15 of a "Receiver". Such receiver was appointed with no
reference to any section of the code, with no reference
16
to the purchase contract, and with no reference to the
17 judgment.
When Dr Zernik received the motion paper he immediately
18
responded that it was fraud.
19 In fact, in retrospect it was not fraud at all.
20 Because Dr Zernik's case was the exception. Whereas
other victims of racketeering by the LA Superior Court
21 judges never figure out how it happened, Dr Zernik
22 figured out the fraud around mid December 2006, and the
abuse continued for a year before the racketeering judges
23 managed to threaten him with force to take his property.
24 During that year, neither police, nor FBI would come to
his assistance.
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EXHIBIT 4,k
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4
5 NIVIE SAMAAN,
6 PLAINTIFF,
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14 APPEARANCES:
15 FOR PLAIN~I~F SHEPPARD, MULLIN, RICHTER & HAMPTON,
NIVIE SAMAAN: LLP
16 BY: MOS KESHAVARZI, ESQ.
17
18
FOR DEFENDANT: JOSEPH ZERNIK
19 IN PROPRIA PERSONA
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21
22
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26 AD~IANNE THOMPSON, RPR, CSR #12370
OFFICIAL REPORTER
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28
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15 PRO PER.
17 LATE. I JUST GOT IT. SO I'LL HAVE TO READ IT. I HAVEN'T HAD
21 SO IT'S ONE DAY LATE, BUT ANYWAY, I HAVEN'T READ IT, BUT I
22 WILL.
2 THE ISSUE OF THE SCHEDULING OF HEARING FOR NEW TRIAL. THE LAW
13 IT WAS FILED --
14 THE COURT: YOU CAN HAVE IT ANY TIME YOU WANT. JUST
16 MR. ZERNIK: YEAH, BUT THE MOTION FOR NEW TRIAL MUS~ BE
17 HEARD AND RULED UPON WITHIN 60 DAYS. THAT'S WHAT THE LAW SAYS
24 THE COURT: JUST TELL ME WHAT DATE YOU WANT, AND I'LL
25 SET IT.
3 FOUR OF THEM. MOTION FOR NEW TRIAL, ~OTION FOR -- WHICH ONES
6 WEEK.
17 FILED
7.0 BECAUSE THR CASE WAS BOUNCED AROUND FROM COURT TO COURT.
24 MR ZERNIK: UMM
27 THE REST, FOR A NEW TRIAL, THE COURT HAS TO SET THOSE. IT'S
28 THE ONE OF THE FEW MOTIONS WHERE THE PARTIES DON'T SET IT. SO
4 THERE'S ALSO THE ISSuE OF THE FACT THAT MR. ZERNIK HAS ALREADY
7 JUDGMENT.
11 THE COURT: THE ONE AT LEAST FOR THE NEW TRIAL, I HAVE
15 YES.
16 SO ~VHAT DATE h'OULD YOU LIKE.
24 OPPOSITION.
3 THE COURT: YOU CAN PICK ANY DATE YOU WANT, BUT NOT
21 NEW TRIAL. THAT WAS FILED FIRST GNDER JUDGE GOODMAN. JUDGE
22 GOODMAN FILED WITH HIM THE NOTICE OF INTEN7 TO FILE MOTION FOR
23 NEW TRIAL, AN~ THEN THE MOTION ITSELF, ALWAYS UNDER JUDGE
3 YOUR HONOR, THAT THEY WERE NOTICED SO LONG AGO, FOR EXAMPLE,
15 THINK, THE NOTICED MOTION WAS FIRST FILED UNDER ALSO JUDGE
17 FIRST ONE, IS THE MOTION FOR LEAVE TO AMEND. ALSO WAS FILED
19 EACH OF THESE.
20 THE COURT: OKAY. LET'S GO TO THE MOTION FOR RECEIVER.
24 MOTIONS? BECAUSE
1 MR. ZERNIK'S MOTION FOR NEW TRIAL, WHAT IS THE DEADLINE FOR
8 MR. ZERNIK: NO, NO. THE MOTION FOR NEW TRIAL WAS
11 HIM --
15 BE DUE ON TUESDAY?
14 COMPEL DEFENDANT FOR APPRAISAL, THE BASIS FOR THE COMPEL WAS
15 THE JUDGMENT. AND IN THE TEXT IT SAID THAT HE'S DOING THE
16 JUDGMENT, BUT IN THE EXHIBIT ITSELF WAS ORDER GRANTING SUMMARY
17 JUDGMENT.
18 SIMILARLY, EVEN IN THE MOTION FOR APPOINTING OF
2 KESHAVARZI.
3 SO HOW COULD A RECEIVER OR REFEREE, ANYBODY,
9 MOTION.
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3 NO ACTION.
4 SO THOSE ACTIONS WERE TAKEN INDEPENDENTLY BY
5 PLAINTIFF'S COUNSEL OR SOME OTHER PEOPLE WORKING FOR
19 PLAINTIFF.
20 ONE TIME THE TITLE ACTION WAS AUTHORIZED BY
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15 IN TH2 ORDER.
16 SO THAT'S WHY THIS WEEK I NOTICED BOTH THE
24 DECIDES THAT, IN FACT, THERE WAS SOME VALIDITY FOR THE ACTION
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1 VALID ACTION, THEN I WOULD REQUEST THAT THE COURT CLARIFY ITS
7 WHEN THAT IS. AND ESCROW HAS TO CLOSE AT SOME POINT IN TIME.
18 ALL THE WAY AND COMPLETE THE APPOINTMENT OF THE REFEREE WITH
19 THE JUDGMENT AND THE CONTRACT AND THE CORRECT ORDER FOR
27 LAW.
28 ALTERNATIVELY, IF THE DECISION THAT THERE WAS
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2 B't lYlE REFEREE, I RE'Q'0ES'r 'rHA'r 'rHE COUR'r - - AN'i) 'THIS IS 'THE
6 THE CONTRACT.
11 YOUR HONOR.
12 YOUR HONOR, BRIEFLY, MR. ZERNIK'S CLAIMS THAT
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1 MR. ZERNIK CLAIMS THAT HE WANTS TO COOPERATE
2 WITH US AND SEE THE JUDGMENT FOLLOWED THROUGH, TO CARRY THE
3 JUDGMENT INTO EFFECT, BUT SINCE THE BEGINNING, SINCE THE DAY
9 DIDN'T SHOW UP. HE NEVER EVEN PAID MR. O'BRIAN'S BILLS. AND
13 THIS CASE."
15 ORGANIZATION.