Digitally signed by

Joseph H Zernik
DN: cn=Joseph H
Zernik, o, ou,
email=jz12345@ear
thlink.net, c=US
Location: La Verne,
DECLARATION OF JOSEPH ZERNIK California
Date: 2010.04.18
04:34:35 -07'00'
IN RE:
APRIL 16, 2010 VISIT TO THE MICROFILM ARCHIVE OF SUPERIOR COURT OF
CALIFORNIA, COUNTY OF LOS ANGELES – UNSUCCESSFUL SEARCH FOR
ENTERED MARCH 4, 2009 JUDGMENT IN MARINA V LA COUNTY (BS109420)

I, Joseph Zernik, hereby declare as follows:

Instant Declaration was written as memorandum of visit to the Archive of Superior Court of
California, County of Los Angeles, in search for entered judgments in the microfilm Judgment
reels. The primary goal was to try to find an entered March 4, 2009 Judgment and Order of
Contempt RE: Richard Fine, which was purported as the basis for his holding for over a year
at this time.
1) On April 16, 2010 I went to the Archive. I had to wait about 2 hours before my name
was called.
2) I had a list of four cases, where I was going to search for judgments and appealable
orders.
3) The table below provides the records that were sought, and the results of the searches:

A. Galdjie v Darwish (SC052737)

a. May 20, 2002 – Judgment by Court -

Reel #130 Judgments West: Feb-01-2002 thru May 31, 2002
No judgment found.
b. November 10, 2004 – Order Appointing Receiver
“Not such order on the system” – no search performed.
c. May 12, 2006 – Ruling
Reel #144 Judgments West Feb 02, 2006 through May 31, 2006
No judgment not found.

Case Summary
Case Number: SC052737
MANOUCHEHR GALDJIE VS BARBARA KRAMAR DARWISH

Filing Date: 05/27/1998

Case Type: Other Compl-not tort or Complex (General Jurisdiction)
Status: Judgment by Court 05/20/2002

Consolidated for all Proceedings: SC060217 on 03/09/2000

Future Hearings
None

Documents Filed (Filing dates listed in descending order)

05/25/2006 Notice (OF PENDING APPEAL. (LIS PENDENS) )
Filed by Attorney for Defendant

05/22/2006 Notice (TO ATTORNEY IN RE NOTICE OF APPEAL )

Filed by Clerk

05/18/2006 Notice of Appeal (COMBINED WITH NOTICE OF ELECTION TO PROCEED UNDER RULE
5.1 AND NOTICE TO PREPARE REPORTER'S TRANSCRIPT ON APPEAL )
Filed by Defendant

05/12/2006 Notice of Ruling

Filed by Attorney for Plaintiff

05/04/2006 Opposition (TO MTN FOR ADDITIONAL DEPOSIT INTO ESCROW OR PAYMENT TO
DEFT. FROM PLTF; )
Filed by Attorney for Plaintiff

04/25/2006 Declaration (of G. Richard Green regarding ex parte notice )

Filed by Attorney for Plaintiff

11/24/2004 Notice of Appeal

Filed by Defendant

11/12/2004 Miscellaneous-Other (OATH OF RECEIVER )

Filed by Receiver

11/10/2004 Order (APPOINTING RECEIVER )

Filed by Receiver

11/08/2004 Request for Judicial Notice

Filed by Attorney for Plaintiff

05/24/2002 Notice of Lien

Filed by Attorney for Plaintiff

05/20/2002 Order (RULING ON SUBMITTED MATTER AFTER COURT TRIAL; )

Filed by Court

05/15/2002 Brief ( CLOSING TRIAL BRIEF ON SELECTED ISSUES )

Filed by Attorney for Defendant

05/13/2002 Brief (SUPPLEMENTAL TRIAL BRIEF ON THE ISSUE OF SPECIFIC PERFORMANCE )

Filed by Attorney for Plaintiff

…
 B. Samaan v Zernik (SC087400) – Judgment by Court
a. August 9, 2007 - Judgment by Court
Reel #149 Judgments West, July 2, 2007 – September 28, 2007
No judgment found.
b. November 9, 2007 – Order Appointing Receiver
Reel #150 Judgments West, October 1, 2007 – December 31, 2007
No Judgment found.

Case Summary
Case Number: SC087400
NIVIE SAMAAN VS. JOSEPH ZERNIK

Filing Date: 10/25/2005

Case Type: Other Real Property Rights Case (General Jurisdiction)
Status: Pending

Future Hearings
None

Documents Filed (Filing dates listed in descending order)

…
08/13/2007 Notice (OF WITHDRAW OF MTN TO BIFURCATE TRIAL )
Filed by Attorney for Cross-Defendant

08/13/2007 Notice (NOTICE OF ORDER )

Filed by Attorney for Plaintiff

08/09/2007 Order (GRANTING SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF NIVIE SAMAAN )

Filed by Court

08/09/2007 Judgment (BY COURT PURSUANT TO CCP SECTION 473C IS SIGNED BY: JACQUELINE
A. CONNOR, JUDGE )
Filed by Court

08/09/2007 Motion for Sanctions

Filed by Defendant, & Defendant in Pro Per

C. Sturgeon v LA County (BC351286)

a. February 7, 2007 - Judgment
Reel #1688, Judgments Central; Feb 1, 2007 thru Feb 13, 2007
No judgment found!
b. August 20, 2009 - Summary Judgment per 437c CCP
“No judgment on the system” – no reel provided, not search
conducted.
Case Summary
Please make a note of the Case Number.

Click here to access document images for this case.

If this link fails, you may go to the Case Document Images site and search using the case number
displayed on this page.

Case Number: BC351286

HAROLD P STURGEON VS LOS ANGELES COUNTY ET AL

Filing Date: 04/24/2006

Case Type: Injunct Relief-not Dom/Harrassmt (General Jurisdiction)
Status: Summary Judgment per 437c CCP 08/20/2009

Future Hearings
None

Documents Filed (Filing dates listed in descending order)

…
09/28/2009 Notice of Designation of Record
Filed by Appellant

09/28/2009 Notice of Appeal

Filed by Appellant

08/21/2009 Judgment ( as to hearing on July 13, 2009 in Dept. 45 )

Filed by Atty for Deft and Cross-Complnt

07/27/2009 Order
Filed by Judge

…
02/15/2007 Designation of Record on Appeal
Filed by Plaintiff

02/08/2007 Ntc to Atty re Notice of Appeal

Filed by Clerk

02/07/2007 Notice of Appeal

Filed by Plaintiff

02/07/2007 Notice (of entry of order )

Filed by Attorney for Defendant/Respondent

01/16/2007 Notice of Lodging

Filed by Attorney for Defendant/Respondent

11/13/2006 Brief-Reply (reply brief iso msj )

Filed by Attorney for Defendant/Respondent

…
D. Marina Strand Colony II Homeowners Assn. vs County of L.A. Marina v LA
County (BS109420)
a. June 2, 2008 - Judgment
Reel #1739 Judgments Central, June 2, 2008 – June 09- 2008
Judgment found!
b. March 4, 2009 - Judgment and Order of Contempt RE: Richard I
Fine
Reel #1769 Judgments Central, March 2, 2009 through March 9, 2009
No judgment found.

Case Summary
Please make a note of the Case Number.

Click here to access document images for this case.

If this link fails, you may go to the Case Document Images site and search using the case number
displayed on this page.

Case Number: BS109420

MARINA STRAND COLONY II VS COUNTY OF LOS ANGELES

Filing Date: 06/14/2007

Case Type: Writ - Administrative Mandamus (General Jurisdiction)
Status: Judgment by Court-Petition granted 06/02/2008

Future Hearings

06/14/2010 at 09:00 am in department 1A at 111 North Hill Street, Los Angeles, CA 90012
Judgment Debtor Examination Hrng

Documents Filed (Filing dates listed in descending order)

05/08/2009 Writ issued (Los Angeles county as to order 3/4/09 )

Filed by Clerk

05/08/2009 Abstract of Judgment

Filed by Attorney for Creditor

03/09/2009 Memorandum of Costs ($913.65 MOT. FOR ATTYS FEES 3/4/09 DEPT.86 MEMO TO
DEPT. 86 4/2/09 )
Filed by Attorney for Real Pty in Int

03/04/2009 Order (judgment and order of contempt )

Filed by Clerk

02/25/2009 Request
Filed by Applicant

02/25/2009 Order (MEDIA REQUEST - DENIED )

Filed by Applicant

…
06/04/2008 Response (reply iso mot/void april 15th Order )
Filed by Attorney for Plaintiff/Petitioner

06/04/2008 Response (response to objections and mot/strike; )

Filed by Attorney for Plaintiff/Petitioner

06/04/2008 Writ-Other Issued (peremptory writ of mandate. )

Filed by Clerk

06/02/2008 Judgment
Filed by Court

05/30/2008 Proof of Service

Filed by Attorney for Real Pty in Interest

05/27/2008 Ex-Parte Application ( ...Application to Shorten Time for Hearing on Motion for Sanctions )
Filed by Attorney for Real Pty in Interest

4) In total, out of 9 judgments or appealable orders, which were searched, only one was
found. Of significance – it was the June 2, 2008 Judgment in Marina v LA County
(BS109420), the same case, where the March 4, 2009 Judgment and Order for
Contempt RE: Richard I Fine, could not be found among entered microfilm
judgments.

5) One should note that even for such judgment, the record was incomplete – since the
record failed to include the authentication of the judgment.

6) Exhibit 1 is the June 2, 2008 Judgment from Marina v LA County (BS109420), as

retrieved from the Judgments Central Reel #1739 Judgments Central, June 2, 2008 –
June 09- 2008.

7) Juana conducted the hands-on searched, and I was sitting next to her, checking that
she did the search correctly.

8) The reels were obtained by the Supervisor, whose name I did not get.

9) For the March 4, 2009 search, I printed out all the judgments entered on that day in
Central District, as evidence that no judgment for Contempt against Richard Fine was
ever entered.

I declare under penalty of perjury under the laws of the State of California and the United
States that the foregoing is true and correct.
Executed this 18th day in April, 2010, in La Verne, County of Los Angeles, California.

By_________________

JOSEPH ZERNIK
PO Box 526 La Verne, CA 91750
EXHIBIT 1
 . "-".'

(707) 526-5995 p.2

.
.... ~ 08 08 03:19p Zota L~I&I OfficI!'

FILED

LOS ASGELES StJPERJOR COURT

Ro~ M. ZUl.a. IIbnl34759
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.\l'orncy for Petitioner
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SUPE;RIO~ COURT OF THE STATE OF CAUFORNIA

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IN ANQ FOR THE COUNTY OF LOS ANGELES
10

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I:! I MJ.RINA STRAND COlONY II CASE NUMBER BS109420 D-86
H(iMEOWNERS A~SOC!ATION.
tJ
IP~jtioner,
14 'I

15
COUNTY OF LOS ANGELES,
JUDGMENT GRANTING
16 PETmON FOR WRIT OF
IR&~pondant
1i MANDATE
IX
Of L REV SHORES ,JOINT VENTURE, DEL
RE Y SHORES JOI~T VENTURE NORTH..

::0 Respondents.
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"att 09 09 03: 19p ZOl3 Lalli OFFlCe- 1707) 526-5895 p.3

WHEREAS, on Apnl 2B, 2008, the Los Angeles County Superior Court
.,
ad)pted Its tentatlv~ ruling. attached hereto as Exhibit A. granting in part the
,
J Petition for Writ of Mandate.
-l NOW TI-tEREF~RE.
)
1. .JU~l~nt. Judgment is entered In favor of Petitioner Mtuina Strand
f,
Cc;ony n Hom~owners AsSOClabon on the Petition for Writ of Mandate and
..,
ag linst Respondent COlinty of los Angeles and R~~al Parties in Interest Del
~ Rei Shores Jamt Ventl.re and Del Rey Sho,res JOint Venture North as stated in
(j
Ex 11bit A, paqes 2 5
.0 2. per~rnptory.wrjj. A peremptory writ of mandamus in the form
:1 an ~ched to this judg'rnent as Exhibit B stlall issue ordering the County to set
:! aSide its approvals Qf The ~hor~s ProJec:t. PrOjeCt No T2005-00234-(4) on
, '\
M~ y 15, 2007, Including bL;t not limited to the Conditional Use Permit (COP)
14 Nc, T2005-00002-(4
1
). Parking Permit and Variance Nos. T2005-00004-(4): Its
I

lS ad )ption of the' Stat~ent of Overriding Considerations, Environmental

16 Fir dings of Fact. Mitigation Monitoring Program and conditions of approval;
~7 an j Its (~rtificaltion of the Environmental Impact Report (EIR) on May 6, 2007
I~
3 'munctlon. Pending full comptiance with this judgment. the
19 pe emptory writ, the ,CalJforrna Enviroom(~ntal QuaJlly Act (CEQA), and all
20 ott er apphcablt9 lawi, the County of Los .Angeles and its employees, agents,
21 contractors and 5u~ontractorB, and SUCC'&S8ors in interest are enjoinad from
...
an I and all aclJons, deciSions. or approvals relabve to the prOject wtlletl could
-~ re~ utt In or leacl to a phYSical change to U,e environment related to the project
::'~
P~ndllig full cOt'npllar;lc~ with this jUdgment. the pet't.~ptory writ, CEQA, and

all other applicable laws. Real Parties in Interest Del Rey Shores Joint Venture
:'6 and Del Rey Shores joint Venture Nmth and thE:ir respective employees, agents,
_7 contractors andl subcpntractors. and successors in interest are enjoined from
~~

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-I ­ tot Wri( (J ~tld~
t1~~ 08 08 03: 1910 Zota Lal;.l Offtce- 17071 526-5995 p.-4

an I and ali actions. ;decisions, or approvals relative to the project which could
2 re~ utt In or lead to a physical change to the environ~nt related to the project.

3 4. Wrtt~etu~n_- The writ of mandamus requires the County to file a

4 ret Jm to this Court ypon taking final action in compliance with the wnt setting
)
forn what the County has done to comply
(; ., 5. Attorneys f~eQ' and C01lts. This Court retains jurisdiction over the
I
.. ,I
I ISSJe of attorneys' f~E~S and costs.

x" 6. CQ~~~. Cos:s shall be awarded to petitioner in the amount of

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$ - according tb proof , ~ ,;~ \
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Dated. JUN 0 2 ~ i/a·~,~~ ,;

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The Honorable David Y~ffe
1) Judge of the Superior Court
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