Monday, October 29, 2007


On Friday, October 26, 2007, I appeared in Santa Monica in Department "O" before the Honorable Judge John Segal in pro per (that is representing myself without an attorney - definitely not recommended for anybody).

The purpose of my appearance, for the third time, was to try to get the Honorable Judge John Segal to clearly state one simple fact:

Was he ever duly assigned, as required by law, as Presiding Judge in Samaan v Zernik?

For the last 3 judges in this case:
1) Judge Allan Goodman
2) Judge Biderman
3) Judge John Segal
I cannot find the required assignment anywhere in the file. I believe that this aberration is the result of an attempt, rather crude, to hide the disqualification of judge #2, Connor, since if they issue a formal assignment, is must state the name of the judge who had been previously assigned to the case, and the section of the code by which that assignment was terminated. The code for Connor's termination is CCP 170.3, and it is not the best for judges to keep on their resume...

To make the pronouncement of such the desired statement easier for Judge Segal, I offered two proposed court orders for him to choose from:
a) that he was duly assigned as the presiding judge in samaan v zernik.
b) that he was not duly assigned as the presiding judge in samaan v zernik.

And... Judge Segal decided not to sign either...
He is rather consistent in his position of keeping it a secret. After all, if he is presiding over the case without the legal assignment, he is out of compliance with the law (what kids call he is breaking the law, but we don't talk like that...).However, in the first time I came to court to present him this question, he complained that I was not reasonable, since he said that I was suggesting that he had to confront the supervising judge (the president of the santa monica courthouse) and demand the correct legal assignment. I responded that I never expected anything like that from a judge, but he could always resign. In my writing, I also reminded him that the oath of judge in california does include a commitment to uphold and protect the constitution, but does not contain any language about upholding and protecting your supervisor...

in pro per

Sunday, October 21, 2007


The week of Oct 15-19 was overshadowed by the service, Monday, Oct 15, 2007, of filings on Judge John Segal. These were not the typical filing per CCP §170.3, for immediate disqualification, such as served on Sept 10, 2007, on Judge Connor.

Reminder: the filing on Judge Connor listed allegations amounting to: Fraud, Deceit, Adulteration of Court Records, Conspiracy, Dishonesty, Obstruction of Justice... etc. Combined, one may deem such as an allegation of Corruption of Office.

The filing on Judge Segal was substantially different. It was titled as follows:
Notice to Judge Segal to Cease and Refrain from Acting as Presiding Judge in Samaan v Zernik Absent Due Assignment as Required by Law; Alternatively, If Such Assignment was Provided - Filing for the Purpose of Immediate Disqualification of the Honorable Judge Segal Pursuant to CCP § 170.3, and Supplemental Declaration of Joseph Zernik in Support Thereof

The reason for the difference was that after Connor, neither Goodman, nor Biderman, nor Segal were duly assigned as Presiding Judges in Samaan v Zernik, as required by law. In two Ex Parte applications, on Oct 10 and Oct 11, 2007, Judge Segal was asked to furnish documentation of his assignment order, as required by law, or alternatively - to correct this situation, which left him with no valid authority in Samaan v Zernik.

On Oct 10, 2007, Judge Segal practically consented that he had no due assignment order, but argued that it was unreasonable for me, Defendant, to expect him to get into a conflict with his supervisor, Judge Rosenberg, whose duty it was to issue such orders of assignment.

On October 11, 2007, Judge Segal was more evasive, but in response to repeated questions if he had received a Minute Order of Assignment he never responded with a "yes".

A person reviewing this case as a whole, may reasonably entertain the doubt, or even conclude, that such neglect to issue Assignment Orders, is part of a concerted effort not to allow any records documenting Connor's disqualification.

On Wed, Oct 17, 2007, Judge Segal responded with:
Order Striking Statement of Disqualification and Verified Answer of Judge John L Segal.

This response never addressed anywhere the question of the missing Assignment Order and it does not provide the foundation for Judge Segal's authority either. Neither did it address any of the specific examples of dishonesty and partiality or at least appearance of partiality, that were listed in the filing.

A person reviewing the case as a whole, is likely to entertain the doubt and also conclude that Judge Segal's response was dishonest.

Sunday, October 14, 2007


Sheppard Mullin is a large law firms with branches in most large cities in the US, and quite pricy too. Att. Keshavarzi is a young associate in Sheppard Mullin, and Paul Malingagio is the Managing Partner.

Samaan, who bounced twice a check for $10,000 in September of 2004, and with that made a first mark on that botched transaction. But by some estimates, she is said to have spent now over $600.000 in legal fees.

How can it be?

Doesn't it defy logic?

in pro per!
in LA!

October 14, 2007

Mr Malingagio, Managing Partner
Sheppard, Mullin, et al
Los Angeles

Mr Malingagio:

Please respond by Monday, October 15, 2007, 5:00pm, pursuant to CCP 128.7, to my request (attached) that you withdraw offending filings by Keshavarzi and Mussig in Samaan v Zernik:
a) Ex parte application of October 11, 2007
b) Motion for Summary Judgment of August 9, 2007

I know that the natural instinct is to circle the wagon. But there is also the possibility of seriously considering the claims in the attached letter, and then reacting differently.

I am copying here a few of the first and last lines:

Review (attached) shows that so far 4 judges presiding in Samaan v Zernik have been recused or disqualified, another judge resigned as referee. And then you have the neutral agency, ADR - resigned as well, stating:

“…shall decline any further reference as to this case.”

In addition, the current position of Bryan Cave LLP is unusual - I have received no substitution of attorney note from them,but they abruptly stopped responding to any communications regarding Samaan v Zernik, stating:

“We decline to get further involved in this matter.”

1) None of this would have happened unless Keshavarzi, an extremely dishonest counsel, had met Judge Connor, a uniquely corrupt judge, in Samaan v Zernik, a case involving a dazzling, unique combination of mind-boggling acts of fraud and deceit of multiple types, by Samaan, Parks, and Countrywide, against Zernik, against the US government, and also against each other!

A sample fraud, which constitutes a small fraction of the whole, to whet your appetites:
2) In my opposition to Countrywide's motion to gag me, I mentioned a specific fraud technique, where Maria McLaurin was bypassing Regulation B using Countrywide's Edge (computerized underwriting monitoring) system, to the tune of approximately $0.5 billion per year of government-backed fraudulent loan around 2004! Mr Malingagio – through your taxes you too will pay back part of it! And this was a very small fraction of the fraud per year taking in the San Rafael Branch under the tutelage of Maria McLaurin. In its reply, Countrywide did not claim that I was lying, fabricating, erroneous, or out of my mind. They only claimed that my estimates may not be accurate!

3) Connor refused to notice any of the blatant fraud. In fact, she endorsed it! Proofs of the multiple kinds of fraud brought in this case were just a distraction for her - a red herring indeed! She was too busy with her own little fraud and deceit to notice such big ones!

4) This unlikely meeting of the twain - Connor and Keshavarzi - in Samaan v Zernik, a case fraught with fraud, was not a chance occurrence, but one conceived and sponsored, directly or indirectly, by a person affiliated with Countrywide.

5) The explanation for the plethora of recent resignations is that a judge who would match Connor in dishonesty and corruption, and would agree to pick up this fraudulent claim where it was left by Connor against her will, is hard to come by. Even a close friend of Sandor Samuels, Judge Goodman, eventually did not have the guts to do it! It took him some four weeks, and some intensive review of the case, but eventually he decided he could not do it!

This matter is very likely to stay with us for some years to come, through Senate and House Investigating Committees and lawsuits of all kinds and types all over the continent, possibly intercontinental as well! And years later - through research paper of the Federal Reserve... And the enclosed document would always remain as an evidence to your small role in this big scandal. In a couple of years you may end up on a late night C-Span show, but the question is - in which role?

Joseph Zernik

Saturday, October 13, 2007

07-10-13 Brief Update (false escrow referee - retired Judge Gregory O'Brien).


On October 11, 2007 I received a fax indicating that Retired Judge O’Brien, who was acting as a Referee in Samaan v Zernik SC087400, resigned. A copy of that letter can be viewed at:

That letter states:
“..certain circumstances have arisen that make it imprudent for me to remain as the referee” and “Please also consider this letter to be on behalf of ADR Services, Inc., which shall decline any further reference as to this case.”

Judge Neidorf Judge, recused per CCP §170.6
· Judge Neidorf was recused following a peremptory challenge that allowed the assignment of Judge Connor to this case

Judge Connor Judge, disqualified per CCP §170.3, 9/10/07
· I filed a declaration, under penalty of perjury, including allegations amounting to willful misconduct, fraud and deceit, conspiracy, subversion of justice, etc…
· In her disqualification Judge Connor chose not to file any declaration to oppose my declaration.
The Court despite the allegations made in Mr Zernik’s declaration, without conceding the disqualification statement, the Court believes that in the interest of justice, the Court should recuse itself

Vivian Jaime Judicial Assistant to Judge Connor (“clerk”)
· With Judge Connor engaged in fraud and deceit against me, through the manipulation of entering and/or retrieving/display of data from the Court’s privileged file system, Sustain (see below).

Judge Goodman Judge, recused per §CCP170.1, 10/3/07
· Acted as Presiding Judge for several weeks without being duly assigned as required by law, in disregard of my protests
· In his recusal Judge Goodman stated:
This Court…. has a longstanding close personal relationship with General Counsel of Countrywide [- Sandor Samuels - jz]”.
Judge Biderman Judge, recused per CCP §170.1, 10/4/07
· Judge Biderman filed for recusal immediately upon transfer of the file to him (without being duly assigned as required by law).
· Judge Biderman failed to disclose the reason of his recusal.

Judge O'Brien - Referee, resigned, 10/11/07
· Judge O’Brien was never duly appointed as a referee, as required by law.
· Judge O’Brien conducted several ex parte communications and one ex parte conference with Att Keshavarzi, Sheppard Mullin, Counsel for Samaan
· Judge O’Brien declined to provide notice/minutes of such conference
· Judge O’Brien resigned after I protested his conduct in numerous communications.
· In his resignation he stated:
I know of no fact or appearance that would require my disqualification.“
ADR Services - Neutral services provider, resigned, 10/11/07
“…shall decline any further reference as to this case.”

Bryan Cave LLP- Counsel for Countrywide, resigned, 10/2/07
· Participated in numerous appearances in court in front of Judge Connor, without establishing their legal standing in the case.
· Appeared in Court in an ex parte application for a Protective Order against me, before Judge Connor, in a special session of the Court outside of normal hours, where I was the only case on the agenda, at a time that Discovery Motions were not allowed in Samaan v Zernik.
· Their appearances and the involvement of Countrywide were most of the times concealed by Judge Connor by listing them in Minute Orders as either counsel for Plaintiff or Counsel for Defendant
· Both Judge Goodman and Judge Segal denied ex parte applications to correct such deceitful Court records generated by Judge Connor
· When most recently contacted regarding Samaan v Zernik, Bryan Cave’s response was:
We decline to get further involved in this matter


Sheppard Mullin et al, LLP- Counsel for Samaan
· Hearing of Motion for sanctions against Att Keshavarzi of Sheppard Mullin per CCP§128.7 is still pending. The motion passed 21-day safe harbor, and alleges the filing of offending documents and declarations under the hand signatures of counsels for Samaan.

Judge Segal - Acting Presiding Judge
· No documentary evidence found that he was duly assigned as required by law.
· When asked upon first appearance in court whether he had been duly assigned, as required by law, Judge Segal responded:
You don’t expect me to issue orders against my supervisor?”
· When asked upon second appearance in court whether he had been duly assigned, as required by law, Judge Segal responded:
I am the one asking questions in this Courtroom.”

Judge Rosenberg - Supervising Judge, West District, LA Superior Court
· Had two armed sheriffs physically harass me in his Courtroom, in an attempt to plant on my body a complaint that I had duly filed with the Supervising Judge. That complaint protested the fact that I had been denied access to the Court file of Samaan v Zernik, transcripts, minute orders, etc, for over six months. The Supervising Judge demanded that I withdraw that complaint. Regardless of harassment, I refused to withdraw that complaint.
· Repeatedly denied my requests for access to Samaan v Zernik data, out of compliance with the 14th Amendment. Such data are essential for my complaint against Judge Connor and for effective defense in Samaan v Zernik.

Judge Czuleger - Presiding Judge, LA Superior Court
· Complaints were filed with the Presiding Judge.
· No response received so far
· Staff in his office informed me that access to Sustain data would be denied.

California Commission on Judicial Performance
In a complaint to the Commission, I described the scope, the repetitiveness, the length of time of such violations, and the involvement of various ranks from the Supervising Judge to judicial assistants. I suggested that on this background, a full review of the West District as a whole would be in place, rather than limiting itself to review of complaints against individuals (judges), who fall under the authority of the Commission.
Of particular significance is the establishment of Sustain, which is probably operational for more than two decades now in the entire LA Superior Court. This is effectively the governing system for case management in the courts today, but the information in it is held “privileged to the Court only”. In contrast, Court Files and Court Book were always held pubic records pursuant to Due Process of the Law and the 14th amendment. Sustain, and its privileged status, out of compliance with the 14th amendment, allowed the manipulations by Judge Connor and her assistant Jaime. Continued denial of
In concluding review of all of the above, I also raised the question whether the West District, LA Superior Court should be considered a Corrupt Organization pursuant to US Racketeering laws. I left such questions for the consideration of the Commission
Administrative Office of the U.S. Courts: PACER Service Center
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"This case should demonstrate that the FBI will pursue all allegations of judicial corruption vigorously, as public corruption violations are among the most serious of all criminal conduct and can tear at the fabric of a democratic society," said John F. Pikus, special agent in charge of the Albany division, in a prepared statement.Superior Court of California - County of Los AngelesSuperior Court of California - County of Los Angeles
Courts: Courts of Appeal: 2nd District: Los Angeles and Ventura


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