10 " 2 13 4 18 16 Fa 18 19 20 au n 24 2s 26 a 28 MICHELLE L., RICE, SBN 235189 KORY & RICE, LLP’ 19300 Wilshire Bivd., Suite 200 Beverly Hills, CalifGrmia 90212 FTelephione: (310) 285-1630 Facsimile: (310) 278-7681 DANIEL A. BERGMAN, SBN 75895 BRYAN M. BERGMAN, SBN 239222, |BERGMAN LAW GROUP | 21600 Oxnard Street, Suite 1100 | Woodland Hills, CA'91367, Teepe: (818) 995-9100 Pacemle: (818) 900-9188 Attorneys for Plaintiffs LEONARD N, COHEN and. |CEONARD COHEN INVESTMENTS, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES - CENTRAL DISTRICT LEONARD NORMAN COHEN, an CASE NO.: BC 338322 individual, LEONARD COHEN RELATED CASE NO.: BC 341120 INVESTMENTS, LLC, a Delaware Assigned to the Hon. Robert L. Hess, Limited Liability Company, Dept. 24 Plaintiffs, REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFES? OPPOSITION TO DEFENDANT'S i MOTION FOR TERMINA’ D KELLEY A. LYNCH, an individual, OTHER SANCTIONS RICHARD A. WESTIN, ESQ. an individual, DOES | through 50, inclusive, ering Date: June 23,2015 Defendants Tne 0AM Dept. 24 Complaint Filed: August 15, 2005 ‘TO THE COURT AND DEFENDANT AND MOVING PARTY IN PRO PER: Pursuant to Sections 452 and 453 of the California Evidence Code, Califomia Rules of [Court, Rules 3.1113() and 3.1306(e) and Cal. Code of Civ. Proc. §273(a), Plaintiffs request that" 2 13 14 15 16 1” 18 1» 20 2 23 Pry 6 ca the Court take judicial notice ofthe following document, which is attached as Exhibit 1 hereto, in ruling on Plaintfis’ Opposition to Defendant's Motion for Terminating and Other Sanctions, ExnibitNo. ‘Authority T Certified ‘Transcript of January 17, 2014 Hearing on Defendant's Motion to "Vacate and/or Modify Default Judgment Entered May 15,2006 MEMORANDUM OF POINTS AND AUTHORITIES Section 452 ofthe Evidence Code provides that i is appropriate fora cour to take judicial notice of “records of...any court inthis state” as well as “{facts and propositions that are not reasonably subject to dispute and ate capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” Cal. Evid. Code §452(@) and (h). Judicial notice is mandated for matters that comport with the requirements of Evidence Code §452 and §453, provided thatthe requesting party: (1) gives adequate notice to the adverse party; and (2) includes sufficient information to enable the Court to take juicial notice, (See Cal. Evid, Code $5452, 453), 1 JUDICIAL NOTICE IS PROPERLY TAKEN OF THE CERTIFIED TRANSCRIPT OF THE JANUARY 17, 2014 HEARING ON DEFENDANT'S MOTION TO. ‘VACATE AND/OR MODIFY DEFAULT JUDGMENT ENTERED MAY 15, 2006 California courts may take judicial notice of “(records of...any cour in this state." Cal, Evid. Code §452(d). “I is settled that a court may take judicial notice ofthe contents of its own records.” Dwan v, Dixon, 216 Cal. App. 2d 260, 265 (Cal. 1963), “The report of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when transcribed and certified as being a correct transcript of the testimony and proceedings in the case, is prima facie evidence ofthat testimony and proceedings." Cal. Code Civ, Proc. §273(8). [Exhibit 1 attached hereto is a certified transcript of this Court's January 17, 2014 hearing Jon Defendant’s Motion to Vacate and/or Modify Default Judgment Entered May 15, 2006. ‘REQUEST FOR RDIGIAL NOTICE SURFGRT OF LAINTHFES GPFGSFION TO DEPENDANT’ MOTION POR TERMINATING AND OTTER SANCTIONSI. CONCLUSION For the foregoing reasons, Plaintiffs respectfully request the Court take judicial notice of the centfied transcript of this Court's January 17, 2014 hearing on Defendant's Motion to Vacate andlor Modify Default Judgment Entered May 15, 2006, DATED: May 2, 2015 Respectfully submitted, 7 / MICHELLE L. RICE KORY & RICE, LLP 9300 Wilshire Boulevard, Suite 200 Beverly Hills, CA 90212 1 2 3 4 5 6 7 8 9 2 ATTORNEY FOR PLAINTIFFS. 28 2 QUEST FoR UAL NOTED uRRORT OF ATURE GFORTTON TO DEFENDANTS NOTINExhibit 12 a3 14 a5 16 a 18 19 20 2a 22 23 24 25 26 27 28 IN THE SUPERIOR COURT OF THE STATE OF CALIFORN: FOR THE COUNTY OF LOS ANGELES DEPARTMENT CCH 24 HON. ROBERT L. HESS, JUDGE EEONARD NORMAN COHEN, \ } PLAINEIEF, } } ; ; NELIEY AL Lach, = AL, ; , oe eee " } Copy REFORTER'S TRANSCRIPT OF PROCEEDINGS JANUARY 17, 2014 OR THE PLAINTIFF: LAM OFFICES OF JEFFREY BY: JEFFREY KORN, ESO. 714 W. OLYMPIC BOOLEVARD SUITE’ 450 LOS ANGELES, CA 90015 FOR THE DEFENDANT: KELLEY LYNCH, IN PRO PER DIANNE M, MCGIVERN, CSR 7576, RMR, RDR, CRR, CLR ‘OFFICIAL COURT REPORTER PRO’ TEMPORE2 23 24 25 26 27 28 CASE NUMBER: CASE NAME: LOS ANGELES, CALIFORNIA DEPARTMENT CCH 24 APPEARANCES: REPORTER: TIME: ac 330322 COHEN V LYNCH JANUARY 17, 2014 HON. ROBERT L. HESS, JUDGE (aS HERETOFORE NOTED) DIANNE M. MCGIVERN, CSR 7576 A.M SESSTON (THE FOLLOWING PROCEEDINGS WERE HELD IN EN couRT:) HE DURT: COHEN VERSUS LYNCH, PLEASE. MR. KORN: GOOD MORNING, YOUR HONOR. JEFFREY KORN HERE FOR THE PLAINTIFFS LEONARD COHEN AND LEONARD COHEN INVESTMENT. MS. LYNCH: AND KELLEY LYNCH REPRESENTING MYSELF. THE COURT: ARE YOU HERE ON THE REPORTER: MATTER? YES, YOUR HONOR. THE COURT: PLEASE BE SEATED. MR. KORN: THANK YOU, YOUR HONOR. MS. LYNCH: THANK YOU. ‘THE COURT: MS. LYNCH, THERE WAS A JUDGMENT ENTERED AGAINST YoU IN MAY OF 2006? Ms. LYNCH ACTUALLY THREE. THE COURT: WELL, WELL, ,TRVE, ALTHOUGH T AM A BI’ CONFI THERE WERE THO JUDGMENTS, I DIF THERE WEI I BELIEVE ~~ I DON'T KNOW10 a 2 33 u 3 a6 ca a8 as 20 aa 22 23 24 25 26 27 28 TABRE WERE AMENDED JUDGMENTS. MS. LYNCH: I DON'T EITHER. ‘THE COURT: BUT YOU ARE NOW MOVING TO VACATE OR MODIFY THE DEFAULT JUDGMENT ENTERED MAY 15TH, 20067 MS, LYNCH: THAT'S CORRECT. THE COURT: OKAY. WE HAVE CERTAIN PROCEDURAL PROBLEMS HERE AND LET ME JUST EXPLAIN THOSE. NUMBER ONE, YOU DID NOT ATTACH A PROOF OF SERVICE 10 THE MOVING PAPERS. MS. LYNCH: WELL -- ‘THE COURT: JUST A MINUTE. MS. LYNCH: OKAY. ‘THE COURT: IT APPEARS THAT THESE PAPERS WERE SOMEHOW RECEIVED BY THE PLAINTIEF, BUT IF THEY HAD NOT APPEARED, THAT WOULD BE A GROUND FOR DENIAL IN AND OF IESELE. SECOND, YOUR PAGE IS OF EXCESSIVE LENGTH. YOU HAVE A 21-PAGE MOTION WHICH EXCEEDS THE 15-PAGE LIMIT, AND THEN, IN ADDITION TO THAT, YOU HAVE SOMETHING LIKE, IF I REMENBER CORRECTLY, 66 PAGES OF AN BISTORICAL NARRATIVE. MS. LYNCH: UR-HUH. ‘THE COURT: IN ADDITION, YOU DIDN'T BOTHER 70 SIGN YOUR DECLARATION, SO IT'S WORTHLESS. YOU HAVE ALL ‘THOSE PROCEDURAL ISSUES. MS, LYNCH: WELL, COULD I ADDRESS THEM BRIEFLY? RE COURT: JUST A MINUTE. MS. LYNCH: OKAY.20 a 2 a3 ua a5 16 av 18 19 20 a 22 23 24 25 26 27 28 ‘THE COURT: YOU ALSO HAVE PROBLEMS ON THE MERITS. NOW, I'M NOT QUITE SURE WHAT YOUR BASIS OR WHAT STATUTORY SECTION YOU ARE BRINGING THIS UNDER. MS. LYNCH: I AM BRINGING WHAT UNDER? THE COURT: YOUR MOTION. MS. LYNCH: I'M NOT BRINGING IT UNDER A “STATUTORY BASIS (THE COURT: ALL RIGHT. WELL, LET'S SEE. LET'S ‘TAKE A LOOK AT THIS. Now, YOU ARE COMPLATNING THAT THE JUDGMENT 1S INVALID BECAUSE YOU DIDN'T RECEIVE PROPER NOTICE OF THE SOPMONS AND COMPLAINT MS. LYNCH: WASN'T SERVED, CORRECT. THE COURT: OKAY. NOW, THE JUDGMENT, THE SUPPOSED BASIS FOR INVALIDITY OF THE JUDGMENT DOES NOT APPEAR ON THE FACE OF THE GUDGMENT. YOU HAVE TWO OPTIONS THEREFORE. YOU CAN EITHER BRING AN INDEPENDENT LEGAL =~ AN INDEPENDENT EQUITABLE ACTION WITHOUT TIME LIMITS, UNDER GROVES VERSUS PETERSON, 100 CAL.APP. 4TH 659 OR BY A MOTION IN THE ACTION IN WHICH THE JUDGMENT ORDER WAS ENTERED, WHICH TS USUALLY MADE UNDER A STATUTE PROVIDING FOR RELIES WITHIN CERTAIN TIME LIMITS OR A REASONABLE TIME. AND THE COURT, EVEN IF YOU ARE OUTSIDE TAB TIME LIMITS PROVIDED BY STATUTE, ORDINARILY, THE RIAL COURT RETAINS AN INHERENT POWER MS. LYNCH: WELL, ISN'T THAT ADDRESSED ‘THE COURT: -~ 70 VACATE. MS. LYNCH: -- IN SAN DIEGO VERSUS GORHAM?n 2 33 u“ 15 16 vu ae as 20 a 22 23 24 25 26 27 28 ‘THE COURT: EVEN IF THE RELIEF IS NO LONGER AVAILABLE UNDER A STATUTORY PROVISION, THE TRIAL COURT ORDINARILY RETAINS THE INHERENT POWER TO VACATE THE DEFAULT JUDGMENT OR ORDER ON EQUITABLE GROUNDS WHERE [HE PARTY ESTABLISHES THAT THE JUDGMENT OR ORDER WAS VOID FOR LACK OF DUE PROCESS OR RESULTING FROM EXTRINSIC FRAUD OR MISTAKE. Now, YOU DO NOT CLEARLY STATE IN YOUR MOVING PAPERS —~ MS. LYNCH: UE~HUH, THE COURT: ~~ WHETHER YOU ARE SEEKING RELIEF PURSUANT TO STATUTORY GROUNDS OR ON EQUITABLE GROUNDS. MS. LYNCH: ON EQUITABLE GROUNDS. THE COURT: OKAY. WELL, YOU CITE 70 CODE OF CIVIL PROCEDURE SECTION 583.210 AND 583.250. MS. LYNCH: SO THAT'S ON BOTH BECAUSE I DID RELY ON THAT FOR THA, THE SUMMONS AND COMPLAINT HAD TO BE FILED WITH THE COURT WITHIN THREE YEARS AND A CERTAIN NOMBER OF DAYS. AND I HAVE ALLEGED THAT THERE 1S EXTRINSIC FRAUD WITH RESPECT 70 THE PROCESS SERVER'S DECLARATION. ‘THE COURT: MA'AM, IS THERE A REASON WAY YOU ‘ERP INTERRUPTING ME? NO. APOLOGIZE. O YOU THINK THAT IT WOULD BE USEBUL 10 LAT ME SAY WHAT T -- TO LET ME LAY THIS ISSvE our? MS. LYNCH: I THINK TT WOULD BE, YEA.6 — ‘THE COURT: I WOULD APPRECEATE BEING ALLOWED 0 AY OUT WHAT I PERCEIVE IS THE ISSUES IN THIS CASE. AND ‘TREN YOU CAN ADDRESS THEM BRIEFLY. NOW, $83.210 AND 583.250 SIMPLY SEP OUT THE ‘TIME LIMITS POR COMPLETING AND PROVING SERVICES OF PROCESS AND THE REPERCUSSIONS FOR SERVICES IS NOT MADE TIMELY. YOU ALSO CITE T0 CODE OF CIVIL PROCEDURE SECTION 473, SUBDIVISION B, AND 473.5. AND SINCE YOU ° ETE TO THOSE SECTIONS, THAT'S ONE OF THE AMBIGUITIES AS 70 THE BASIS FOR YOUR MOTION. 473.5 SAYS WHERE SERVICE OF A SUMMONS DOES NOP RESULT IN AN ACTUAL NOTICE TO R PARTY AND A DEFAULT OR DEFAULT JUDGMENT HAS BEEN ENTERED AGAINS? HIM OR HER IN THE ACTION, HE OR SHE MAY SERVE AND FILE A NOTICE OF MOTION TO SET ASIDE THE DEFAULT OR DEFAULT JUDGMENT AND FOR LEAVE TO DEFEND THE ACTION. AND THAT'S 473.5, SUBDIVISION A. HOWEVER, A MOTION FOR RELIEF UNDER 473.5 MUST BE FILED WITHIN TWO YEARS AFTER ENTRY OF THE DEFAULT JUDGMENT. AND THAT'S ALSO ONDER 473.5, SUBDIVISION A, TN SCHENKBL, S-C-H-B-N-K-E-L, VERSUS RESNIK, ROES-N-I-K, 27 CAL.APP. 4TH SUPP. 1. Nod, IN ADDITION, THE MOTION MUST BE ACCOMPANIED BY AN AFFIDAVET SHOWING UNDER OATH THAT THE PARTIES' LACK OF ACTUAL NOPICE IN TIME TO DEFEND THE ACTION WAS NOT CAUSED BY HIS OR HER AVOIDANCE OF SERVICE OR AN EXCUSABLE NEGLECT. AND THE PARTY SHALL SERVE ANDFILE WITH THE NOTICE A COPY OF THE ANSWER OR OTHER PLEADING PROPOSED TO BE FILED IN THE ACTION. 473, SUBDIVISION D, SAYS THAT THE COURT MAY ON ‘THE MOTION OF EITHER PARTY AFTER NOTICE TO THE OTHER PARTY SEP ASIDE ANY VOID JUDGMENT OR ORDER. AND IF YOU ARE MOVING TO SET ASIDE A JUDGMENT, THOUGH VALID ON I7S FACE IS VOID FOR PROPER SERVICE, THE COURTS HAVE ADOPTED BY ANALOGY THE STATUTORY PERIOD FOR RELIEF FROM A DEFAULT JUDGMENT PROVIDED IN SECTION 473.5, THAT IS THE ‘TWO-YEAR ALTERED LIMIT. AND THAT'S TRACKHAN, TOR-A-C-R-MKACN, VERSUS KENNEY, K-E-W-N-E-Y, 167 CAL. APP, ATE 175, AND THERE IS OTHER ~~ THERE'S OTHER DEcrsi0Ns. $0 WHEN YOU CITED TO THOSE TWO STATUTORY SECTIONS IN YOUR NOTICE OF MOTION ~~ MS. bYwcH: RIGHT. THE COURT: ~~ IT SUGGESTED TO ME THAT You wri BRING TIS ON THE STATUTORY BASIS. AND IT APPEARS 10 THE COURT THAT SINCE THIS MOTION WAS NOT FILED UNTL AUGUST 9TH, 2013, OVER SEVEN YEARS AFTER THE DEFAULT JODGMENT WAS ENTERED, SHAT YOU HAD NOT -~ YOU WERE OUT oF rime. TN ADDITION, YOU FAILED TO ATTACH A PROPOSED ANSWER TO THE MOTION. YOU TELL ME THAT YOU ATTACHED A PROPOSED ANSWER AS EXHIBIT EAS IN ECHO TO YOUR MOTION. MS. TYNCH: BUH? THE COURT: BUT YOUR MOTION AS EILED INCLUDES ONLY EXHIBIT D OR -- EXCUSE NE, EXHIBIT A, WHICH 18 YOUR Po10 n 2 a3 4 15 a6 a7 a8 19 20 a 22 23 28 25 26 27 28 DECLARATION AND THE 66-PAGE QUOTE, "CASE BACKGROUND, " (CLOSE QUOTE; AND EXHIBIT B, THE DECLARATION OF MR. PENICK, YOUR SON, P-E-N-E-c-K. SO YOU DO NOT HAVE -- YOU HAVE NOT SATISETED ‘THE REQUIREMENTS UNDER EITHER 473.5 OR 473, SUBDIVISION >, WOW, WITH RESPECT TO THE INHERENT POWER OF THE COURT TO VACATE A DEFAULT JUDGMENT OR ORDER ON EQUITABLE GROUNDS WHERE YOU ESTABLISH THAT THE JUDGMENT ORDER WAS VOID FOR LACK OF DUE PROCESS OR RESULTED FROM EXTRINSIC FRAUD OR MISTAKE, BUT STILL -- THIS STILL REQUIRES THAT YOU ACT WITH DILIGENCE. AND THE DILIGENCE REQUIREMENT, YOU MAY WISH TO LOOK AT MANSON, M-R-N-S-O-N, IVER, T-V-E-R, AND YORK, Y-O-R-K, VERSUS BLACK, 17 -~ MS. LYNCH: EXCUSE ME. BLACK? ME COURT: BLACK, B-L-a-c-K. MS. LYNCH: THANK You. THE COURT: 176 CAL. APP. 4TH 36, AND GRIBBLE, G-R-T-B-B-I-E, VERSUS CAR-LENE. C-A-R, HHYPHEN, LENE, I-E-N-E, RESEARCH, TNC., 67 CAL. APP. 4TH 295. EN ADDITION, THERE IS A STRONG PUBLIC POLICY IN FAVOR OF THE FINALITY OF JUDGMENTS. AND SO ROUITABLE RELIEF FROM THE DEFAULT JUDGMENT OR ORDER 1S AVATLABLE ONLY IN EXTRAORDINARY CIRCUMSTANCES. THAT'S RAPPLEYEA, ROA-P-P-I-E-Y-E-A, VERSUS CAMPBELL, @ CAL. ATH 975. NOW, YOU ARE ARGUING THAT TRE JUDGMENT S VOID BECAUSE TT WAS ENTERED BASED ON A FALSE PROOF OF SERVICE. ‘THE PROOF OF SERVICE CONCERNING YOU WAS FILED a10 au 2 3 4 15 16 u ae cry 20 a 2 23 24 25 26 21 28 AUGUST 25TH, 2005. IT SAYS HERE THAT YOU WERE SERVED BY SUBSTITUTED SERVICE ON AUGUST 24H, 2005, AT 9:00 BM,” WHEN TAH REGISTERED PROCESS SERVER LEFT THE SUMMONS, COMPLAINT, A.D-R. PACKAGE, AND NOTICE OF CASE ASSIGNMENT AT YOUR HOME, THE SINGLE-FAMILY RESIDENCE LOCATED AP 2648 MANDEVILLE CANYON, M-A-N-D-E-V-I-I-L-E, CANYON ROAD, IN LOS ANGELES. ‘THE PROCESS SERVER STATES THAT THEY LEFT THE DOCUMENTS WITH OR IN THE PRESENCE OF JANE DOE, WHITE FEMALE, 5-7, BLOND HATR, BLACK EYES, CO-OCCUPANT. ‘THE PROOF OF SERVICE BY MATL SHOWS THE DOCUMENTS WERE MAILED TO YOU AT THAT ADDRESS ON AUGUST 24TH. THAE'S EXHIBIT A TO THE EDELMAN DECLARATION, E-D-E-L-M-A-, THE PROPER SERVER'S DECLARATION OF DILIGENCE SHOWS STX PREVIOUS ATTEMPTS TO SERVE THE SUMMONS AND COMPLAINT. ON FIVE OF THE SIX OCCASIONS, THE PROCESS SERVER ATTEMPTED SERVICE, THERE WAS NO ANSWER AT THE RESIDENCE, BUT THE LIGHTS WERE ON AND THE PROCESS SERVER KNOCKED, RECEIVED NO ANSWER. Now, YOU TELL ME THAT THE PROCESS SERVER'S DECLARATION IS FALSE? MS. LYNCH: THAT'S CORRECT. THE COURT: A DECLARATION REGARDING PROOF GF SERVICE BY A REGISTERED PROCESS SERVER IS ENTITLED 70 A PRESUMPEION OF CORRECTNESS UNDER EVIDENCE CODE SECTION 647, WHICH AFFECTS THE BURDEN OF GOING FORWARD WITH THE EVIDENCE.10 ub 2 a3 u as 16 u a8 a9 20 a 22 23 24 25 26 27 28 10 NOW, THE ONLY EVIDENCE THAT YOU HAVE PROVIDED HERE TO SET THIS ASIDE MOTTON IS YOUR DECLARATION, UNSIGNED DECLARATION. YOU'VE GOT THIS 66-PAGE CASE BACKGROUND. YOU'VE GOT YOUR SON'S DECLARATION. Ms. LincH: RrGHr. THE COURT: YOUR SON DORSN'T KNOW ANYTHING ABOUT THIS AS FAR AS I CAN TELL. MS. IXNCH: WHAT DO YOU MEAN? HE DOESN'T KNOW ANYTHING ABOUT WHAT? THE COURT: THAT HE DOESN'T KNOW ANYTHING ABOU? ‘HE SERVICE OF PROCESS, DOES HE? MS. LIMICH: YOU MEAN LEGALLY SPEAKING? THE COURT: DOSS HE CLATN TO HAVE BEEN THERE AT ‘THAT TIME? MS. LYNCH: NO. HE'S CLAIMING THAT HE was ‘THERE FREQUENTLY DURING THAT PERTOD OF TIME. THE COURT: BUT HE DOES NOT CLAM -~ MS. LYNCE: RIGHT. ‘THE COUR: THAT AE WAS THERE ON ANY OF THE “+ ON ANY OF THE PARTICULAR DATES. HE SAYS THAT YOU WERE HOME ~~ MS. LYNCH: RIGHT. THE COURT: -- AT ALL, TIMES DURING THIS PERIOD OF TIME ON ALL THE DATES THAT THE PROCESS SERVER MewezoNs. MS. LYNCH: RIGHT, BECAUSE MY CAR WAS DESTROYED. I DIDN'T HAVE TRANSPORTATION. ‘TRE COURT: AND THE FACT THAT THE PROCESSa 2 33 ua 1s 16 a 18 a9 20 2a 2 23 24 25 26 27 28 n SERVER KNOCKS AND GETS NO ANSWER AND THE LIGHTS ARE ON, HIS DECLARATION INFERENTIALLY SUPPORTS THAT YOU DIDN'T ANSWER. MS. LYNCH: WELL, IT MAY INFERENTIALLY SUPPORT, BUT IT'S A FRAUDULEND OR INACCURATE BECAUSE ~~ ‘THE COURT: WELL, SOMEBODY CAME TO THE DOOR. SOMEBODY CAME TO THE DOOR ON THIS DATE. MS. LYNCH: SOMEBODY SAID THEY CAME TO THE ooR, SIR. THE COURT: WELL, HOW TALL ARE YOU, MA‘AM? MS. LYNCH: I'M ABOUT 5-5-AND-A-HALF TO 5-6 THE COURT: OKAY. AND THE DECLARATION says 5-7. THAT'S WITHIN AN INCH. HATR COLORS CAN CHANGE. WHITE FEMALE. THE EYE COLOR CAN BE MISTAKEN. MS. LYNCH: 1 DON'T THINK FOR BLACK WHEN I HAVE BLUE EYES. ; (THE COURT: SOMEBODY CAME 70 THE DOOR APPARENTLY. Now, YOU KNOW, SINCE YOU DON'T HAVE A VALID DECLARATION IN HERE TO ESTABLISH ANY EVIDENCE, YOU Gor A PROBLEM. AND THE COHEN DECLARATION SAYS THAT [A PHOTO OF YOU TAKEN THE SUMMER OF 2006 SHOWS YoU WITH BLOND HATR. MS. LYNCH: BUT THAT IS NOT TAKEN IN 2006. THE COURT: AND I DON'T KNOW. MS. LYNCH: =xCUSE ME.10 a 12 13 14 15 16 5] 18 19 20 an 22 23 24 25 26 27 28 2 ‘THE COURT: THE RESTRAINING ORDER AGAINST YOU DESCRIBES YOU AS BEING 5-6, 130 POUNDS, BLOND, BLUE EYES. MS, LYNCH: THE RESTRAINING ORDER ~~ WELL, 1 fas 102 POUNDS. "TE COURT: I HAVE NO WAY OF KNOWING THAT. MS. LYNCH: WELL, I HAVE WITNESSES HERE, PAULETTE BRANDI AND PAUL DE MANGE (SIC) THAT WANTED 70 TESTIFY ABOUT THAT, ‘TAB COURT: NOW, YOU HAVE ~~ IN ADDITION, IT APPEARS TO ME THAT YOU HAD ACTUAL NOTICE OF THE REQUEST FOR ENTRY OF DEFAULT. FIRST, YOU HAVEN'T ACCOUNTED FOR ‘THE MAILING. MS. LYNCH: I HAVE NO RECOLLECTION. ‘YOU KNOW, NOT ONLY THE coURT: IT WAS THE ~ WAS THERE SERVICE, BUT IT WAS ALSO DELIVERY TO THIS JANE DOR, BUT IT WAS ALSO MATEED. YOU HAVE NOT SATISFACTORILY ACCOUNTED FOR THE MAILING. IT WENT TO AN ADDRESS THAT YOU WERE CONCEDEDLY LIVING aT. TT WAS MAILED TO THAT ADDRESS. Now, IN ADDITION, THERE IS THE REQUEST FOR ENTRY OF DEFAULT. THE REQUEST FOR DEFAULT JUDGMENT, THE ENTRY OF DEFAULT, WHICH I UNDERSTAND YOU RECEIVED BY E-MAIL. AND THAT ~~ MS. LYNCH: WELL, CAN I ADDRESS THAT OR SHOULD 3 WAIT UNTIL THE END? THE COURT: JUST A MINUTE. YOU CAN WALT UNTIL ‘THE END.10 uu 2 a3 u a5 16 a 18 a9 20 21 2 23 2 25 26 27 28 3 MS. LYNCH: OKAY. JUST ASKING. ‘THE COURT: AND ALTHOUGH IT APPEARS THAT SOME OF THESE THINGS WERE MAILED TO You ~~ MS. LYNCH: RIGHT. THE COURT: -- AFTER THE JUDGMENT WAS ENTERED OR LATER, ALL THAT WAS IN 2005 AND 2006. MS. LYNCH: I WAS HOMELESS IN 2006 AND DID NOT HAVE A MAILING ADDRESS. THE COURT: IN ADDITION, IF YOU ARE ~~ EVEN IF YOU COULD DEMONSTRATE EXTRINSIC FRAUD AND, FRANKLY, DON"? THINK YOU'VE DEMONSTRATED IT, T DON'T THINK YOU HAVE CARRIED YOUR BURDEN OF PROOF THAT THE DECLARATION BY THE PROCESS SERVER WAS FALSE YOU CANNOT SHON THAT YOU ACTED WITH DILIGENCE. YOU STATE THAT YOU FOUND OUT ABOUT THIS ACTION IN APRIL OF 2010, BUT YOU PROVIDE ABSOLUTELY ZERO EXPLANATION WEY YOU WAITED UNTIL AUGUST 2013 TO FILE THIS MOTION. AND I STATED THAT T READ THE COMPLAIND, MS. LYNC! BUT NO ATTACHMENTS YET HAVE I SEEN IN APRIL OF 2010. ‘THE COURT: WELL, YOU KNEW ABOUT THIS ACTION. YOU KNEW ABOUT TRIS ACTION MS. LYNCH: YES, T DID. THE COURT: -- IN APRIL OF 2010. AND YOU HAVE NOT SATISFACTORILY ACCOUNTED FOR 3-1/2 YEARS DELAY FROM APRIL 2010 70 AUGUST 2013 IN TAKING ANY ACTION. MS. LYNCH: WELL, I DID SAY IN MY PAPERS THAT I WOULD ADDRESS THAT WITH YOU DIRECTLY.10 a 2 a3 Fry 15 16 ur a8 19 20 aa 2 23 2 25 26 27 28 14 ‘(THE COURT: . WELL, I THINK IT IS INCUMBENT UPON YOU, IF YOU ARE MAKING THIS MOTTON AND YOU ARE PUTTING AND YOU PROPOSE 10 GIVE THE COURT EVIDENCE IN SUPPORT OF YOUR MOTION, THAT YOU INCLUDE 17 IN THE MOVING PAPERS $0 THAT THE OTHER SIDE HAS NOTICE OF IT AND AN OPPORTUNITY 10 ADDRESS TT. AND ON YOUR MOVING BAPERS, YOU HAVE NOT DEMONSTRATED EITHER THAT THE PROOF OF SERVICE OF SUMVONS [AND COMPLAINT WAS FALSE OR INDEED EVEN QUESTIONABLE, NOR HAVE YOU SHOWN ANY ENTITURMENT FOR RELIEF ON ANY EQUITABLE BASIS. HE IDEA -- YOU KNOW, TEIS 15, YOU KNOW, THE NOTION THAT THIS JUDGMENT WAS ENTERED SO LONG AGO AND YOU WAITED UNTIL, AUGUST 9TH, 2013 TO FILE THIS MOTION, FROM MAY 2006 TO AUGUST 2013. MS. LYNCH: WELL, T WAS NOT LIVING IN L.A. I WAS LIVING IN OTHER STATES. THE COURT: THAT DOESN'T MAKE ANY DIFFERENCE. YOU HAD ACTUAL KNOWLEDGE OF THE EXISTENCE OF THIS LAWSUIT IN 2010. MS. LYNCH: I DID. ‘THE COURT: AND REASONABLE PRUDENCE WOULD SUGGEST THAT YOU WOULD HAVE INVESTIGATED AND FOUND OUT THE FACT THAT TERE WAS A JUDGMENT AGAINST YOU. AND REASONABLE PRUDENCE WOULD SUGGES? THAT YOU WOULD ACT WITH DILIGENCE. Ms. Lena: RIGHT. I DID. BND I DON"? -- I DON'T SEE ANYa0 a 2 13 rz a5 16 uv 18 as 20 aa 2 23 24 25 26 21 28 15, DILIGENCE AND I DON'T SEE A BASIS FOR SETTING THIS ASIDE, FRANKLY. MS. LYNCH: I IMMEDIATELY CONTACTED JUDGE FREEMAN'S COURT REPORTER, TRIED 70 GET EVIDENCE. 1 EAD NO MONEY, AND T WAS DIRECTED 70 THE COURT: 1 DON'T KNOW ANYTHING ABOUT JUDGE FREEMAN'S COURT REPORTER OR WHY YOU SHOULD HAVE DONE ‘THAT, BOT YOU HAVE-NOT DEMONSTRATED ON THE PAPERS. MS. LYNCH: I'VE NOP DEMONSTRATED ON THE PAPER? HE COURT: EXACTLY. OKAY. THANK YOU. NOW, IS THERE -— AT TIS POINT, TS THERE ANYTHING THAT YOU wwawr To say? MS. LYNCH: THERE ARE A COUPLE THINGS I'D LIKE TO ADDRESS, IF YOU DON'T MIND. MY APPELLATE ATTORNEY, PRANCISCO JUAREZ, FILED THE DOCUMENTS FOR ME, AND HE HAD ASSURED ME THAT HE WOULD SIGN EVERYTHING. AND I HAD PROVIDED HIM WITH THE PROPOSED ANSWER TO THE COMPLAINT AS WELL. THE COURT: WELL, JUST A MINUTE. I SER YOUR DOING THIS —— I DON'T KNOW WHAT HE 1S aN APPELLATE APTORNEY FOR. WHAT HE IS WHAT? YOU SAY YOUR APPELLATE ATTORNEY, TRIS GENTLEMAN. MS. LYNCH: I'M JUST EXPLAINING wiy. ‘THE COURT: WHAT TS THE APPELLATE ATTORNEY FOR? MS. LYNCH: IN A MATTER I WAS ON TRIAL FOR, A RESTRAINING ORDER VIOLATION AND AN INTENT TO ALLEGEDLY10 a @ a3 u a5 16 uw a8 9 20 a 2 23 2a 25 26 21 28 16 ANNOY LEONARD COHEN. HE COURT: OKAY. Now, THIS IS FILED IN PRO PER? Ms. LYNCH: RIGH?. ‘THE COURT: AND YOU KNOW OR I WOULD HAVE + + ASSUMED THAT YOU KNEW, CERTAINLY, YOUR APTORNEY WOULD HAVE KNOWN, THAT LITTLE TRINGS LIKE YOU SIGNING THE NOTICE OF MOTION, YOU SIGNING THE DECLARATION WAS NECESSARY. MS. LYNCH: WEli, SIR, MAY T ANSWER Now? THE COURT: YES MS. LYNCH: FRANCISCO HAS BEEN ASSISTING ME AS A FAVOR. AND HE ADVISED ME TO —- I DON'T HAVE A FAX. TIVE BEEN USING PAULEPTE BRAND?'S COMPUTER TO E-NATL HIM THE DOCUMENTS AND HE WOULD SIGN THEM ON My BEHALE. T GAVE THEM THE AUTHORITY IN WRITING AND IN EMAIL AND PILE EVERYTHING INCLUDING THE PROPOSED ANSWER 70 THE COMPLAINT. I ONLY FOUND OUT WHEN JEFFREY KORN ‘TOLD ME THAT THERE WAS NOT A PROPOSED ANSWER TO THE COMPLAINT PILED THAT THERE WAS NOT ONE ATTACHED. AND I WAS UNAWARE THAT THE DECLARATION WAS UNSIGNED. SO THAT WAS INADVERTENT ON MY PART, BUT JEFFREY KORN DID ADVISE ME THAT THERE WAS NO PROPOSED ANSWER AD WHICH POINT I FILED rz. AND I DID FILE A PROOP OF SERVICE. WE WERE TOLD BY THE COURT -- THIS TS WHAT I WAS TOLD. FRANCISCO CAME IN AND HE WAS TOLD THAT BECAUSE THE CASE IS OLD, A JUDGE WOULD HAVE 10 BE ASSTGNED AND THAT THE couRT10 a 2 33 a a5 16 vv a8 as 20 a 2 23 24 25 26 27 28 uv ITSELF WOULD ASSIGN A HEARING DATE AT WHICH POINT WE WOULD HAVE BOTH THE DATE AND THE JUDGE AND ‘THEN WE WOULD SERVE THE PAPERS, WHICH IS WHAT I DID. WELL, PAULETTE BRAND SERVED ‘THEM. TRE COURT: DO YOU HAVE ANYTHING ELSE YOU WANT. 0 say? MS. LincH: No, E DON'T. JHE COURT: PLAINTIFF, THE TENTATIVE IS 10 DENY FOR THE REASONS STATED. ANYTHING YOU WANT TO SAY AT THIS POINT? MR, KORN: YOU KNOW, I AM GOING 70 MAKE JUST AN ‘OBJECTION AND MOTION 70 STRIKE THE 66-PACE CASE STATEMENT BASED ON THE LACK OF DECLARATION. I THINK THE COURT'S ALREADY INDICATED IT WAS Wor -- THE COURT: SHE SIGNS THE 66-PAGE STATEMENT. DON'T ROW. MR. KORN: AND JUST "0 CLARIZY, YOUR HONOR, x THINK THE DECLARATION ATTACHED TO THAT IS AN IMPROPER DECLARATION. I THINK IF IS NOT A DECLARATION UNDER PENALTY OF PERJURY. IT IS A DECLARATION TO THE BEST OF MY KNOWLEDGE UNDER PENALTY OF PERJURY, WHICH I AN CONTENDING IS INSUFFICIENT. THE COURT: MA'AM, IT'S -- YOU SNORTED. MS. LYNCH: THERE'S SO MUCH PERJURY HERE. JUST A MINUTE. YOU SNORT IN WHAT ‘THE couRT: MIGHT BE ~~ WHAT MIGHT BE CHARACTERIZED AS DERISION, BUT DECLARATIONS ~~ MS. LYNCH: 1 UNDERSTAND, SIR.20 a 2 3 a4 as 16 uv ae as 20 2a 2 23 24 25 26 21 28 18 THE COURT: -- ARE SUPPOSED TO BE MADE UNDER PENALTY OF PERJURY. AND THIS TS A QUALIFICATION. MS. LYNCH: I THOUGHT IT HAS 70 BE PENALTY OF PERSURY, NO? THE COURT: TO THE BEST OF MY KUOWLEDGE. AND YOU KNOW -— MS. LYNCH: WELL, I DO FEEL SLIGHTLY DISDAINFUL. I MEAN, LEONARD COHEN HAS TESTIFIED IN TIS COURTHOUSE THAT T NEVER STOLE FROM HIM. THE COURT: 1 CAN'T -~ MS. LYNCH: SO T DO APOLOGIZE FOR THAT THE COURT: MA'AM, I DON'T KNOW ANYTHING ABOUT, ‘HE UNDERLYING THEETS. MS. LYNCH: OKAY. THE COURT: WHAT I AM DEALING WITH I THIS Morioy. Ms. LyNcH: RIGHT. THE COURT: AND FRANKLY, THIS ISN'T EVEN COLORABEY MERITORTOUS. YOU DO NOT CARRY YOUR BURDEN OF DEMONSTRATING THAT THIS IS WRONG. AND YOU KNOW, YOU TELL ME YOU'VE HAD ~~ YOU HAD AN ATTORNEY HELP YOU BY PREPARING THESE DOCUMENTS, FINE. NO, HE DIDN'T HELP ME PREPARE THEM. Ms. LYN HE HELPED ME FILE THEM, SIR. TRE COURT: I'M SORRY IF T THOUGHT THAT. MS. LYNCH: NO. HE HELPED ME FILE THEM, ‘THE COURT: WITH ALL THR LEGAL CLTATIONS AND EVERYTHING IN HERE, I THOUGHT THAT WAS -~ ARE YOU19 SUGGESTING THAT YOU DID THE LEGAL RESEARCH AND DRAFTED a 2| au or tars? 3 Ms. LYwcH: YES. 4 THE COURT: OKAY, FINE. WEN THERE Is NO 5 | SxcuSs FOR NOT UNDERSTANDING WHAT YOU WERE SUPPOSED To 6} po. 7 MS. LYNCH: FINE, JUDGE. IT'S ALL FINE. 8 ‘THE COURT: WELL, YOU XNOW, I LOOK AT THIS AND 9] 2 susr suaKe my HEAD, Maran. 10 MS. LYNCH: WELL, I NEVER HAD ANY TRAIWING TN 11] bewacur gupgwenr Lam. APOLOGIZE. AND WHAT ARE YOU 12 | Got 10 vo ABOUT -- T'D LIKE TO OBJECT TO THE PAPERWORK. 13} x RECEIVED veerERDAY. aa (HE COURT: 1 DON'T KNOW WHAT PAPERWORK YOU'RE, 25] antupre To, matam. 16 MS. LYNCH: I RECEIVED A LONG, LENGTHY -- By 27 | THE WAY, I*D JUST LIKE [0 NOTE THAT JEFFREY KORN 18 | PROVIDED ME WITH A 239-PAGE DocoMENT. 39 THE COURT: 1 DON'T KNOW WHAT THAT Is, MA‘AM. 20 MS. LYNCH: THAT WOULD BE THE OPPOSITION, BUT 21 | THEN vESTERDAY ~ 22 ‘THE COURT: THE POINTS AND AUTHORITIES IN 23, | opposrzion, ves. 24 MS. LYNCH: THAT WAS 239 PAGES. AND I WAS ~~ 25 THE COURT: MOST OF WHICH WAS EXHIBITS. Yes, T 26 | HAVE THAT IN FRONT OF ME. 2 MS. LYNCH: IT STILL IS 239 PAGES. IT'S QUITE 28. | uanorny. tT10 a 22 3 4 1s 16 a 18 as 20 aa 2 23 24 28 26 21 28 20 THE COURT: AND YOUR POINT IS? MS. LYNCH: TT WAS IMPOSSIBLE FOR ME TO RESPOND WITHIN FOUR DAYS. BUT WHAT T WAS MENTIONING 18 THERE WAS A NOTICE OF OBJECTION TO PRESENTATION OF TESTIMONY AT TODAY'S HEARING AND OBJECTIONS TO THE DECLARATION suaurrreD. A TREMENDOUS AMOUNT OF THIS HAS TO DO WITH FEDERAL, TAX MAPTERS AND ROBERT KORY REPEATEDLY SPEAKS ON BEHALF OF THE IRS. THE COURT: JUST A MINUTE. I DON'T KNOW WHAT FEDERAL TAX MATTERS ARE IMPLICATED IN THIS MOTION. THERE MAY HAVE BEEN —~ MS. LYNCH: THERE WERE LOT OF TT IN WHAT I WAS SERVED YESTERDAY. THE COURT: WHAT ARE YOU -- WHAT ARS YOU ALLUDING TO AS TO WHAT YOU WERE SERVED YESTERDAY? IS IT SOMETHING IN CONNECTION WITH THIS HEARING? WHAT IS THE TITLE OF TEE DOCUMENT? MS. LYNCH: I SAID IT'S A NOPICE OF OBJECTION TO PRESENTATION OF TESTINONY AT MOTION HEARING. ‘THE COURT: OKAY. MS. LYNCH: NOTICE OF LODGING AND PROPOSED ‘ORDER ON OBJECTIONS TO DECLARATION SUBMITTED BY KELLEY TYNCH IN SUPPORT OF MOTION TO SET ASIDE DEFAULT sonauen. oxay. AND THIS CONTAINS A TREMENDOUS -~ 1 MEAN, IT'S VERY CONFUSING TO ME THAT JEFEREY KORN CAN2 as a9 20 a 22 23 24 25 26 27 28 a FILE, FOR INSTANCE, AS AN ATTACHMENT TO ROBERT KORY'S AGENT KELLY SILKO OF THE TREASURY E-MAIL 70 DOCUMENT THAT I, WHEN T REFER MB AND THEN STATE IN 7 10 IT AS HEARSAY, THAT'S KIND OF AN EXAMPLE OF WHAT'S GOING oN OR THERE ARS MANY FEDERAL TAX MATTERS RAISED AND THE L.A. SUPERIOR COURT WOULD NOT HAVE SUBJECT MATTER JURISDICTION OVER FEDERAL TAX MATTERS. I RAISE THEM TO EXPLAIN THAT I REPORTED LEONARD COHEN’S TAX FRAUD ON APRIL 15TH, 2004, AND TAIS LAW STATUTE IS RETALIATION. THAT'S ALL, THE COURT: MA‘AM, CAN ~~ JUST A MINUTE. MS. LYNCH: I WASN'T ARGUING. THE COURT: I'M NOT GETTING INTO THE MERITS -~ MS. LYNCH: RIGHT. ‘THE couRT: OF TAE UNDERLYING SUIT. MS. LYNCH: 1 UNDERSTAND. I'M JUST OBJECTING 70 x9. THE AND I'M NOT GETTING INTO THE MERITS OF THE cLAI™ -- LYNCH: I UNDERSTAND, THE COURT: -- OF THAT. I'M NOT GETTING INTO Ms. THE MERITS OF THE CLAIM THAT YOU DEFRAUDED LEONARD COHEN. I'M NOT GSITING INTO THE MERITS OF THE RESTRAINING ORDER OR WHETHER OR NOT YOU HAVE VIOLATED THE RESTRAINING ORDER -~ MS. LYNCH: 1 UNDERSTAND, SIR. THE COURT: =~ AT ANY TIME. AND I HAVE NOT26 a7 28 2 SEEN THE DOCUMENT TO WHICH YOU JUST ALLUDED. MS. LYNCH: RIGHT, SO I'M JUST SAYING T OBJECT 70 IT AND I? RAISES A LOT OF FEDERAL TAX MATTERS AND I DON'T THINK IT'S APPROPRIATE. THE COURT: I DON'T =~ OKAY. I HAVEN'T SEEN rr. Ms. mn OKAY. THE COURT: I'VE NOP CONSIDERED THAT. MS. LYNCH: BUT I WAS SERVED ULE IT, ‘THE COURT: OKAY. MS. LYNCH: SO T WAS JUST ADDRESSING THAT FACT. TRE COURT: ALL RIGHT. THE MOTION IS DENIED FOR ‘THE REASONS SET FORTH ON THE RECORD. ‘THANK YOU VERY uc. DID YOU SUBMIT A PROPOSED ORDER, SIR, BECAUSE I HAVEN'T SEEN TT YET. MR. KORN: WE DID NOT. WE WILL PREPARE ONE BASED ON THIS RULING, YOUR HONOR, AND SUBMIT IT WITHIN :K THAT'S WHAT THE REQUIREMENT IVE BUSINESS DAYS. 1 1s, THE COURT: ALL RIGHT. THANK YOU. MR. KORN: AND YOUR HONOR, I'M SORRY, BUT WAS THERE A RULING ON THE OBJECTION WETH REGARD TO THE 66-PAGE CASE STATEMENT? HE COURT: I AAVE NOTED THAT IT IS NOT A PROPER DECLARATION. I BAVE NOTED THAT TO THE EXTENT IT PURPORTS 10 BE PART OF THE POINTS AND AUTHO! at ID BXCEEDS THE LIMIT. I DO NOT FIND IT MATERIAL 70 THE10 a 12 13 1a 15 16 ar ae as 20 a 2 23 2a 25 26 27 28 23 ‘SSUES BEFORE ME TODAY. MR. KORN: THANK YOU, YOUR HONOR. ALL RIGHT. THANK You. YOUR HONOR, MAY I ASK YOU ONE (uzsTION? THE COURT: YES. MS. LYNCH: DO YOU ACCEPT WITNESSES, JUST ‘THEORETICALLY, BY COURT CALL? ‘THB COURT: IN SITUATIONS -- I PREFER TO HAVE, WITNESSES TESTIFY LIVE IN PERSON. MS. LYNCH: UE-HUH. "TRE COURT: I HAVE ON RARE OCCASIONS WITH PRIOR NOTICE TO THE COURT AND AN OPPORTUNETY FOR ALL PARTIES 70 BE BEARD PERMITTED WITNESSES TO TESTIFY ‘YELEPHONICALLY OR BY VIDEO LINK-UP FROM A DIFFERENT SITE -- MS. LYNCH: OKAY. ‘THE COURT: -- WHERE TREY WERE OUT OF STATE WITNESSES. MS. LYNCH: RIGHT. ‘THE COURT: BUT THAT 15 NOT IMPLICATED HERE. MS. LYNCH: OKAY. AND SO NOW WHAT I WOULD DO 18 FILE AN APPEAL, THE COUR! APPROPRIATE, MA'AM. I'M NOP GOING TO GIVE YOU LEGAL YOU DO WHAT YoU THINK 1s ADVICE. MS. LYNCH: 1 UNDERSTAND. THE COURT: YOU HAVE AN APPELLATE ATTORNEY AND eeua 15 16 a 18 19 20 a 22 23 24 25 26 21 28 YOUR OWN RESOURCES. MS. LYNCH: T DON'T HAVE AN APPELLATE ATTORNEY IN THIS MATTER. THANK YOU. THE COURT: WELL, OKAY. MS. LYNCH: JUST SO THAT YOU'RE CLEAR. THE COURT: ALL RIGHT. YOU HAVE AN ATTORNEY WHO HAS BEEN HELPING YOU WITH OTHER APPEALS. §0 OKAY. THANK YOU APPEAL, MICH: NOT ON THE MR. KORN: THANK YOU, YOUR HONOR. (WEEREUPON, THE PROCEEDINGS WERE ADJOURNED AT 9:56 A.M.) 24IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES DEPARTMENT CCH 24 HON. ROBERT 1. HESS, JUDGE LEONARD NORMAN COHEN, PLAINTIFF, vs. No. BC 336322 KELLEY A. LYNCH, ET AL., DEFENDANT. I, DIANNE M. MCGIVERN, CERTIFIED SHORTHAND REPORTER, LICENSE NO. 7576, IN THE STATE OF CALIFORNIA, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND ACCURATE IE PROCEEDINGS TAKEN BEFORE ME ON JANUARY TRANSCRIPT OF 4 17, 2014, IN DEPARIMENT CCH 24, AS THEREON STATED. T DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED AT LOS ANGELES, CALIFORNIA, ON MARCH 24, 2015. RMR, ROR, CRR, CLR OFFICIAL COURT REPORTER PRO TEMPOREMicheli. Rice, Esa (SBN 235188) [kor & Rca, LL 6300 Wishre Bd, Suite 200 Beverly Hl, CA 9022 Pe sce st meskes coh ‘stoma out Leona Norman Goh Leenard Cohen inestnts LLC surewon court or ‘gounrvor Lo8Angetes Sracranoaee 111 Ha Sree arm IRE | Angels, CA 80012 SSE Cera Disc - Starloy Mosk Courthouse LANTIFFPeTmoNER: Loonard Noman Cohen;-eonard Cohen lnvestrents lersnonwrieseonoen: Kelly Lynch cord PROOF OF SERVIGE—CIvL scsses22 [check method o service (only one}: CJ evremoniserves CJ ays CZ) syommatuoatvey | neoe Hon. Robert. Hess Tl evwaessawsenis J oyrax 1] ey stone saree vor 24 (Bo not se this proof of eres show service ofa Sunmans and complaint) 1. Atte tn seni as oer 8 yon of age ond nel erty this aeton. 2 My resionce obese sata: {9300 Wilshire Blvd, Suite 200, Beverly His, CA 90212 8.2] The taxrumber or este eres sides tom wtih saved the docu Compl conic was yo been soos 4. On (dete May 28, 2015 sored he fotowing documonts psi: “The cosumens aren tre Atactmeto Poof Soie- Ci (Documents Sane rm POS. O40. 5. ered te decumants one person o persons blo, a flows 12 Nae ofprsan serve: Kelley Lynch CZ (Complete sore was by personal src, al omit celvery, or messenger sce) Busines ofrecer adcors whore porn wes ene 1754 N. Van Ness Avenue, Hollywood, CA 80028 © 2 (Compt tsonce was by a or setont soe} (1) Fexoumterce clave service sire wher pesca was send 2) Tire eevee: ( Trerames, attests, ane oar apnea ifrmaon ost partons sewed ion he Machine lo Proafat Enver” Gia Parone Soned) (om POS OO), 16. The docunens wer sna tha towing means (ze: ‘5. By personal sence. Iperacnaly dated ha docaant tothe persons a ne aesse ted inte 5. (1 Fors fay rposote by anata dalvey wee maae‘o bene oro Be stares fi by ina he cacons, Iron emalpe or pacago doar) Isolde Wnty We atoroy bug seve, ih a reeapons ean al ‘hp fe fee, beeen te our efi he orig and fe Oe evening) For way. dry wae rade {o be pary ery leaving tha document hs prs elanco wih sare pee ret younge: an 18 oa se etvenn nehoww ofettin i mornng and ache sens. a ‘PROOF OF SERVICE GW = asec (Proof of Sree) eSPosse ‘Leonard Noman Goben:Leonard Gen Investments v Katey Lynch oss8522 18 1B United States mall landed te cocaners inal evelape a pacage ees oo pasos altho “utes nam 5 and (opcty no) (1) I deposted ne sia erste wit te Una Sas Pots Sane, wh ne potage fy re (2) plac tne envoy for cotetn sang flovng au ordinary bushes rato. | area frie ‘wen ti businss race fr alin ae proces cespmdence or main. One se yt "apa fection ding, ti epestes nie ccnary ceo unas we Geecepencense ‘hed Snes Poo Sw, na soca orp ats ponage ly prepa ‘ama escentoramsioydinihe cou wher homaing eccued, The envelpe or pacage was ace inthe malo (ty od to} © [2 By overnight dover, sondosed We documarts ina envlone of package poiedy an cveiht even a raring eiSeneto tn pssne ath season paced ts von pene fr cecton Sn emp ceivay st wn Sc ra russe doy bx fe overiaht Sarco 4.1 By messenger seven, saved te documents by cing thm nan onveloe or package deste othe parsons ‘tlta assesses titedn tem Ss ering a a rteaonalnesanger sores fe sales. (A colraton 3 {ho mecsanger mu eccompany bis Pro of Sete re conaed he Deca of Messager be) ©: [2] By fextranamisson: Basod on an sereement of pares to snep ervey ox vans, os th doses {ote prsoe altho ax numbers aed nto 5. No ener vas repo by fe tx machine a ined. copy of ‘eandatthe fx ansmsin wiht pe uo slo. 1 [1 Byenetont ordea, Sason a court orto an ayterent of th pies to ace elecnic evee,oaeed he easter eho be pesos stn sere soos sadecas aed na | declare nd pena of par ander te swe fh State of Cao fat he fogs tea corect Lauren wie » Lh von. Wdilhaite SN Na Bezereeai tn 82ers cho edesrston oom be came star ection fm messes aso) [1 By personal artes. | poronaly dvr th esos or pactsgs ocd forth ela sbove the paso atthe ‘element’ (1) Far pry reresuind by sv aisay, deve wae made lhe atom ea he atoray ‘ce yang th dcurents nan ero or acide, hres ca inbled Io Hey te trey tie sed, sia sept or anindsaa carga fe co Searos to tours fami he moring ana ve te worn (2) Fara gry delvery was mode o te pat ary length dosiarete oe parts readona wh aoe person Pt Yonge? than Tey of age batneo te hur of ante meng an seh over lth tinoo serve. was ever 18 years foe. am nota party the ebvevelrenosd leg proseding. ‘sored the emeops orpackge, 2 at above, on (sok | deca under geval of ery ance the ws fh Stale of Calf thal th reoig smu and caret. ass > seam PROOF OF SERVICE—CWL (Proof of Service)Os.240(0), ‘HORT TE Leonard Norman Cohen, Leonard a E Teg Nagin ies, Cohen Tnvestiens a ATTACHMENT TO PROOF OF SERVICE—CIVIL (DOCUMENTS SERVED) (ts Atacerart so ue wh or FOS-40) ‘The dociiments that were served are as follows mee each cee FFERMINATING AND OTHER SANCTIONS, OPPOSITION TO MOTION FOR DISMISSAL OF yMPLAINT [PROPOSED] ORDER ON PLAINTIFFW OPPOSTION TO DEFENDANT'S MOTIONFOR ~~] [TERMINATING AND OTHER SANCTIONS TAIN! POSTE |MOTION FOR TERMINATING AND OTHER SANCTIONS SLRS ATTACHMENT TO PROOF OF SERVICE—CIVIL (DOCUMENTS SERVED) poe Le eolbaia a ‘Prost of Serie)Pos.o40 onan Helicon a eee euuiaeea oees micegKoyce ca ee see Semana Se SAE Lon argon. ca0r2 ci Sa Suny Mk couse Rainer set Non Ce as Coen aan loerexonvrmesroNoENT: Kooy Lynch coo ‘PROOF OF SERVIGE—GIL scssas22 [check method of service (only ane): oyremonasentce CZ] vps) 8y Omg owney ‘acae Hon. Robert, Hass i evssengwcoriee J eyrox (1 yctonie sanien vers 24 (bo not ure this proofof rence show sence of Sunmens and complaht) 1. Ate neo serves as ve 18 yer of eae mot pa to his aeton. 2. Myresiters ortusness eddestie: 9300 Wishire Blvd, Suite 200, Beverly His, CA 90212 8. the taxrunte or croc snc dress fom we ered he documents a comple sain was by a or eon serves 4. On (tos May 26, 2015 I sede atoning documents faze: ‘The dont te nthe Aacmento Aaa ence Ci(Oseumant Served) em POS SHO), 5: lsevedine documents onthe person or parsons ow, 3 fous 18. Nano ofpteon sree: Kelley Lynch CZ (Ganelte i sorsc was ty persona save, mal reright Slvr, or masanger enon) Busress resident adress whar person vas sore 1754 N. Van Ness Avenue, Hollywood, CA 90028 © I (Campi it once wee by oo cn soni) (1) Facrumbororelecwos ence deus where paca was seed 2) Tie eerie [ Trerares, esrorss, nd ober plabieiforatn stout person sareds on the Ascent of at ‘SoniosCi (Posars Sane) (om POSOU. 15. Thedoaments were seed bythe flowing means (ona 2.) By personal service. peony deer te dacunars othe persons a he cee etn tem 1) Fora ary posed by an etorrey, dvr wee ace oe oriey ea he atmo oe by ating the oeurets [Rt eralpo or pasage clea abled wo dry te atemey bag sores, wit areoeptnlte nrc ‘hae lth fice etree ne hur fine nt meng sn vein the svaing (2) Fors pay, avery wae mee {2s pry rb leaving be cocamons athe part's relanoo wih some person younger a 1 yea! a0 eooon to tour ofa nthe moray saan he everng a PROOF OF SERVICE—CWIL SSAA Rae sn (Proof of Service){Leonard Norman Conen;Leonard Cohen Investments v Kee Lynch cssesz2 (55 [1B Une Stats mat lence te cocomers na calod enn opalageadacsed oe parsons ‘stoessin tam ana (pact ono) (1) depostes ne ead envelope win te Untes Sate Pol Srvie, wih te pete ly re (2) placed te envelope fr aetna ng, flew aetna busines actos, | am realy fila ‘eos buen’ practoe for acing ao prooatingcaeependene fo rang. On he wre yet arompnconce plows fo cen sa ring le epoated nfo ary cure often vie ‘ited Sie Pst Sorc, ins seca onl uth postage My preva ama resdentorpoyedintne county whore he mang coxisea. The envelope o pockge was placed nthe mast (ety and ato © (5 Breventnt delivery, ondose he decunats nan arts or package rove by an rept dlvery ‘haan aosed ioe parson a th adress nfo [placed De lee of pecker clecion [Soleveih sv stan ceo oly uted ep box oe ove every eae. 4.1 By messenger servic. | sede documents by pac them mon enloge o package adress oe paren ste adresses sha Ho an proving te a fessor maszengs sls fers. (A dara Oy ‘homessangormustscsampary Bie Proto! Sates be conte he Datron a hase ar) © [2] By faxtanamiesion. Sazad onan steer oh pares to crept seve yfaxaramis, aed ho decunents tebe persone se ax rmber ite nfm. No sre as repre byte fax acne Bat sed AcaDy ee ‘eeu fax tarantula 11 Br aecronesrvn, Sedona coutoreroanagresment ofthe paras seep secre ei enue he I Chr sao poets ose oven saan io a8. | declare ur panty of fury under tha awe oftha Sia of Cala that 0 repens ts an comet (ate Nay 28,2005 sven White ten tab coca can Sal mab cpap cra fe @ ngs 8 S065) [1 By persona service, tpereonaly doer ho arlpe er package recived om he deca! bere to parsons a he ‘asus ind in © (1 Fra arty fpreueed yan Shaey every was rage whe amy ore sey = ‘ony emg tndorsrartnm ah enveops ar oskoe tice cea nse saat te ature bang sees, ‘the ecoptenit or an maeualn charg fh fee, bates tre hours one he oming a vee ever. 2) For ape celery wos must hap ey tating dosent tb pate realanos wh some ren 1 Yung than le yar of gb botany aur of gh mine nomi ana shin the ran. -Attha time of servis, Iwas ver 18 year of age. am nota pay the aboveernced egal proceeding series e envelop package 28 tated above, on 6 | etre unde ena of pur nde fans of testo Cala atthe oreoing tue and cone at > aman ‘PROOF OF SERVICE—CWIL (Proof of Service)Pos-o40(0) ‘HORT TMAE:Lebnard/ Norman Cohen, Leonard Cohen Investments v ‘| === G Kelley Lyneh, ed ATTACHMENT TO PROOF OF SERVICE—CIvIL (DOCUMENTS SERVED} (ie Atachmot i fr se wth fom FOS 40) follows (describe each document specifically): ‘The documents that were served are frstbaNATING AND OTHER SANCTIONS; OPPOSITION TO MOTION FOR DISMISSAL OF (COMPLAINT. FF OPPOSTION TO DEFENDANTS MOTION FOR IRMINATING AND OTHER SANCTIONS [REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS OFPOSTION TO DEFENDANTS | IMOTION FOR TERMINATING AND OTHER SANCTIONS PROPOSED! [PeanNtuney orrosrnON TO DEFENDANTS MOTION FOR TERMINATING AND OTHER SANCTIONS NOTICE OF ASSOCIATION OF COUNSEL SRSESERSEA" ATTACHMENT TO PROOF OF SERVICE_CIML (DOCUMENTS SERVED) aid (Prost of Sorvea)