CLAIMS AGAINST LA SUPERIOR COURT, JUDGES & OFFICERS:
JACQUELINE CONNOR, JUDGE
The claims listed below are such that can be easily proven independently from each other, based on records of the court itself. And yet, combined - they provide the necessary solid base for the unifying claims of racketeering from the bench. One must realize that with one unifying claim of racketeering, and some 36 independent claims for abuse of civil rights of a U.S. citizen by official of the State, under color of law, we provide a reliable foundation to support the racketeering claim. However, this is by no means an exhaustive list of claims from the records of Samaan v Zernik - these are just the ones that immediately came to mind.
Claim #1 – Racketeering from the bench.
- Running Samaan v Zernik (SC087400) to appear as a true LA Superior Court litigation, when in fact it was a racketeering enterprise litigation, under the guise of court litigation.
- Conspiring with Samaan, Jae Arre, Countrywide, and others, to engage in real property fraud against Zernik, under the guise of Specific Performance, real property rights litigation, of the LA Superior Court.
Claim #1 – by allowing and running on July 6, 2007 and July 23, 2007 hearings by Countrywide for a purported
Protective (gag) Order, “off the record proceeding”, per the Register of Actions
Claim #2 - by denying access to court file from November 2005 till August 2067.
Claim #3 - by claiming to enter judgment into a Judgment Book that is not a public record, with no access to the public.
B. VIOLATION OF CONSTITUTIONAL RIGHT FOR DUE PROCESS
Claim #4 – by entering into the record a fraudulent Nov 1, 2005 Minute Order-Assignment Order by Judge LINDA LEFKOWITZ; in fact – dated Jan 30, 2006, a time when Judge LINDA LEFKOWITZ was no longer a Supervising Judge.
Claim #5 – by presiding with no valid assignment order and no authority (and no immunity) at all.
Claim #6 – by denying Zernik access to Court File, to Minute Orders, to Notices
Claim #7 – by ,making invalid entries in court file of Minute Orders that were neither served nor noticed to Zernik, as required by California Rules of Court #1.6
dClaim #8 – by running an “off the record “ Initial Status Conference”, Jan 30, 2006 and failing to run litigation per due process requirement.
Claim #9- by running a false Demurrer hearing on Jan 30, 2006, then recording it as in paper court file as Denied, in the Register of Actions as Granted, and then secretly disposing of the minute order in
electronic court file.
Claim #10 - by posting Trial Date only after her disqualification, while making false claims in that regard on April 22, 2007 - to deny extension of Discovery Cutoff Date.
Claim #11- by claiming in open court April 26, 2007 that she signed an order for sanctions, but never doing so, thereby colluding with Fraud and Deceit by Keshavarzi.
Claim #12 - by secretly entering in electronic court file, but not in paper court file, a fictitious July 9, 2007 Minute Order of purported “telephonically” held hearing on reconsideration of the sanctions,
purportedly granted, when in fact in open court she denied such application.
Claim #13 - by entering in paper court file a May 14, 2007 Minute Order - denying ZERNIK’s ex parte application for a hearing on reconsideration of the sanctions, while secretly disposing of that same minute order in electronic court file with no notice to parties.
Claim #14 - by entering in electronic court file, but not in paper court file a June 9, 2007 MInute Order. a "telephonically" held hearing on reconsideration of the sanctions, which was purportedly granted.
Claim #15 - by running an ex parte application for a gag order by Counrywide on July 6, 2007 “off the record” and “off the calendar” at a time the court was listed as Dark.
Claim #16 - by ruling on July 12, 2007 in open court that her Disqualification per CCP §170.3 was an untimely Peremptory Challenge per CCP§170.6.
Claim #17- by continuing to preside with no authority at all (and no immunity at all) after disqualification for a cause of July 12, 2007.
Claim #18 – by secretly writing on July 23, 2007 an untimely Answer and Strike to Disqualification for a Cause of July 12, 2007, backdating it to July 12, 2007, failing to have it certified or mailed by the clerk, then making an invalid entry of such minute order with no service or notice into paper court file.
Claim #19 - by allowing the July 23, 2007 proceedings where Countrywide apeared again unlisted in Minute Orders and in court records, and its counsels listed at times as for Defendant and at times as for Plaintiff.
Claim #20 - by claiming in open court on July 23, 2007 that she signed a gag order at Countrywide’s request, but in fact secretly entering in court file a denial of their proposed gag orders.
Claim #21 –by failing to have the purported Aug 9, 2007 Judgment served on parties, yet claim to have served and entered it in paper court file.
Claim #22 –by not entering judgment in the electronic Book of Judgments at all on Aug 9, 2007, but claiming to have entered judgment on Aug 9, 2007
Claim #23 – by running a deceptive Aug 14, 2007 Ex parte application for “entry of Judgment”, yet claiming that judgment was entered on Aug 9, 2007.
Claim #24 – by running a deceptive Aug 21, 2007 Ex parte application for “entry of judgment”, yet claiming that judgment was entered on Aug 9, 2007.
Claim #25 – by deceptively issuing on Aug 28, 2007 a minute order, back-dating it to Aug 21, 2007, and stating in it that judgment was entered on Aug 9, 2007.
Claim #26- by claiming in open court on Aug 30, 2007 that she entered judgment on Aug 9, 2007.
Claim #27 – by claiming in open court that she was going to sign an order appointing Gregory O’Brien Escrow Referee, but in fact generating an invalid, inadequate minute order for a discovery referee
Claim#28 – by entering such Aug 30, 2007 Minute Order into paper court file with no service or notice to Zernik.
Claim #29 – by colluding with KESHAVARZI in fraud and deceit and providing him copy of such deceptive minute order, and allowing him to furnish O’BRIEN with such minute order and a copy of an order
instead of the judgment, as the legal foundation of his authority.
Claim #30 –by posting on Sept 11, 2007, after disqualification for a cause on Sept 10, 2007 a false and fictitious Sept 10, 2007 Minute Order of a purported hearing on that day on fraudulent COUNTRYWIDE records, then back-dating it to Sept 10, 2007.
Claim #31 –by transferring the Samaan v Zernik file to Judge GOODMAN after disqualification with no authority at all and no reassignment order.
Claim #32 – under Connor’s tenure, the clerk’s office constructed a secret volume “IV continued”, which Zernik was denied access to even after he was allowed access to other volumes. This volume
included Countrywide's pleadings and other records that the court considered sensitive.
C. VIOLATION OF CONSTITUTIONAL RIGHTS FOR POSSESION
Claim #33 – by generating a false and misleading Aug 9, 2007 Summary Judgment against Zernik
Claim #34 - by initiating the elaborate deception on the entry of judgment on Aug 9, 2007.
Claim #35 – by continuing the elaborate deception on the entry of judgment on Aug 14, 21, and 30, 2007.
Claim#36 - by engaging in interference in Attorney Client relationship in hearing on Aug 21, 2008, per Att. Hoffman declaration.
Claims #37- by colluding with KESHAVARZI and O’BRIEN in fraud and deceit on appointment of the Escrow Referee
KEY RECORDS FOR FRAUD EXAMINATION:
1) Nov 1, 2005 Minute Order by Judge LINDA LEFKOWITZ from paper court file– Re-Assignment of Samaan v Zernik to Judge CONNOR; in fact – issued on Jan 30, 2006, when Judge LEFKOWITZ was no longer Supervising Judge and Master of Calendar, and therefore had no authority to issue such Minute Order.
- Did Judge LEFKOWITZ collude in this fraud? How was the Minute Order issued?
- Who is the clerk who signed on it? (but never mailed it)
2) Jan 30, 2006 Minute Order – electronic court file, secretly disposed/vacated with no notice to parties.
3) July 9, 2007 Minute Order from electronic court file- in fact fictitious.
- What was the basis for Judge CONNOR issuing such minute order.
- Does she have any evidence of the “telephonically” held hearing ever taking place?
4) July 12, 2007 Minute Order by Judge Connor – Answer and Strike for Disqualification.
- How was it inserted into court file?
- By whom?
In fact it is a minute order of July 23, 2007 - later than allowed by law for a judge's response for disqualification for a cause.
No clerk's certificate of mailing and notice of entry is on file.
5) Aug 9, 2007 Minute Order – Summary Judgment –paper file. In fact entered on Aug 14, 2007.
- Who entered it into paper court file?
- What is the basis for the claims in it that the judgment was served in open court on parties?
6) Aug 21, 2007 Minute Order – For Entry of Judgment – paper file. In fact entered and mailed Aug 28, 2007.
- Who was the clerk whose signature appears as the one
who mailed it on Aug 21, 2007 ?
7) Aug 30, 2007 Minute Order – Deliberately defective Assignment of Judge O’BRIEN as Escrow Referee.
Judge O’BRIEN held such Minute Order by Sept 7, 2007. His secretary claimed it was provided by KESHAVARZI. The question is how such fraudulent Minute Order was issued, how it got to KESHAVARZI, and how did it go from KESHAVARZI to O’BRIEN, and how could O’BRIEN even consider such paper sufficient to allow him to engage in a court procedure. Or was he in conspiracy with Connor to pretend that he had authority?
8) July 23, 2007 Minute Order claiming gag order will be signed, but order denied.
- Question is why did COUNTRYWIDE counsel not notice the order, as ordered.
- Did they approach the court and try to get a copy of the signed order? Or were they in conspiracy with Connor to pretend that the order existed?
9) Sept 10, 2007 Minute Order by Connor, recording a hearing on CCP §128.7 relative to fraud in COUNTRYWIDE records.
- In fact, entered Sept 11, 2007, after disqualification, when she had no authority to enter such minute order.
- In fact - A fictitious minute order - no such hearing ever took place.
- Did the clerk mail such minute order to KESHAVARZI? He seemed to know of its existence.
10) Register of Actions – Case History in Sustain – almost all entries by Connor are misleading. The dates listed on the left column as dates of filings are in fact arbitrary dates entered by the operator. The true dates of entry of various data are in fact in the Audit Data files for each data entry. The difference between the two dates can be several years in some cases.
a. Primary example: until early 2008, all copies of the Register of Actions carried on page No. 1 a bizarre array of 3 entries going back as far as 2000, in a case where claims were filed in October 2004… not even the underlying events took place yet in 2000… The content of page one of Case History was the first hint that all dates data in Sustain are unreliable.
b. One of the entries on page No 1 appeared as a notice:
COUNTRYWIDE HOME LOANS –
- REAL PARTIES IN INTEREST
While the court claimed that any interest of COUNTRYWIDE in this case was a “conspiracy theory” by ZERNIK.
c. After April 2008 the content of page 1, which ZERNIK often listed as prime evidence for fraud by the court in litigation records disappeared – with no evidence for a nunc pro tunc or any other explanation for this late revision in Case History.
11) Under Connor the Court Reporter who prepared the Aug 21 .2007 transcript adulterated it as described in Att Hoffman’s declaration
12) Under Connor, ZERNIK was denied access to Court file, as described in Alex Garcia declaration