Friday, December 11, 2009

09-12-11 Judge David Yaffe was right in refusing to disqualify...

Date: Fri, 11 Dec 2009 19:50:11 -0800
To: LIST HOUSE JUD FAX
From: joseph zernik
Subject: US House of Representatives, Judiciary Committee hearing re: recusal, and the case of Richard Fine.

[]
Hi George:
I appreciate your good will, however, it is no fun repeating myself:
Judge Yaffe was correct in refusing to disqualify, since the case - Marina v LA County, was not a case of the Superior Court in the first place, and it was not litigated pursuant to the law of California or the US. It was fraud to start out - a major real estate case, with Real Parties in Interest who were two large developers, privately held, and LA County - the payer of "not permitted" payments - as Defendant. It would have been bad business practice to run it under the True Court Track. It was diverted from the start to the Equity/Enterprise Track, just like the case of Barbara Darwish.
Why don't we trade places:
Please show me the evidence to support the notions implied in your message, which I explicitly stated below, and which I hold were false and misleading:
________________________________________________
1) The caption of Marina v LA County (BS109420) - in ancillary proceedings of which Richard Fine was taken away on March 4, 2009 by the Sheriff's Warrant Squad - was a matter litigated under the jurisdiction of the Superior Court of California, County of Los Angeles, pursuant to the law of the State of California.
2) Judge Yaffe was presiding in the caption of Marina v LA County (BS109420) as a Judge of the Superior Court of California, duly assigned to the case pursuant to the law of the State of California.
________________________________________________
Seems elementary to me... Any record you want! Proving me wrong on one of the two would be enough for me... Not trying to be stickler for perfection - half is enough :)... 50% would be considered passing grade...
Until your prove me wrong - and I would be happy to be challenged - I claim that you distributed false and misleading information, which you should retract!
Joe Zernik
___________
The offending statement is marked in red. At minimum you should have stated: "
involved in the purported Richard Fine proceedings..."
___________
At 18:38 11/12/2009, you wrote:
After yesterday attending the hearings on judicial recusal, I suggest all parties involved in judicial reform take time to view the complete video on the House Judiciary website.

Maybe I was wrong, the testimony heard, both from the committee members themselves and the panel of guests invited, would indicate that the
judges in California, involved in the Richard Fine proceedings should have recused themselves because they were being paid off by the county.

--- On Fri, 12/11/09, joseph zernik wrote:
From: joseph zernik
Subject: Request that US House of Representatives, Judiciary Committee initiate corrective actions in re: case of Ms Barbara Darwish

09-12-10 I guess I should be jubilant - the House passed another bill against financial institution fraud...

DCCC
JOSEPH --
This afternoon, the House passed a bill 223-to-202 tightening financial regulations and ensuring we put Main Street first.
...
Best wishes,
Jon Vogel
Jon Vogel
DCCC Executive Director
-----------------------
JON --
You must be kidding...
The hyperactivity of the Democrats-controlled US Congress in passing more and more bills fighting financial institution fraud appears as the manifestation of desperate lack of any impact, nothing more. Congress could use its time much more effectively in tightening oversight over the executive and judicial branches, law enforcement, banking regulators, and the courts...
The first step in that direction would be enforcing the Rule Making Enabling Act
28 USC 2071-2077 on PACER & CM/ECF (the dual docketing systems of the US Courts) - allegedly the largest Flimflam - Shell Game Fraud in the history of mankind.
[] [][] []
  • Show me the regulator who would enforce the law on Bank of America Corporation...
  • Show me the US court where I am permitted to exercise my right to file a complaint and sue Bank of America Corporation, Kenneth Lewis, and Sandor Samuels, for fraud and deceit, false claims, racketeering, and more... together with Kenneth Melson (US Dept of Justice) and Kenneth Kaiser (FBI) for collusion.
Check out the conduct of US Court in Washington, spitting distance from capitol, in Zernik v Melson et al (1:09-cv-00805) and the corrupt conduct of US Judge Richard J Leon in the case - Kozinski Fraud galore...
You really expect people to reward you with contributions for this futility? You must be deluded. You somehow remind me of Sandor Samuels fund raising for Bet Tzedek while perpetrating the heist of sub-prime lending...
Best wishes,

Joseph Zernik
Voter
[]See full size image
Sandor Samuels -Associate General Counsel
Bank of America Corporation
Countrywide - Chief Legal Officer
Alleged organized crime figure
Key culprit in the current economic/integrity crisis.
[]See full size image
Ken Lewis - CEO
Bank of America Corporation
Continues the fraud initiated by Countrywide, while signing "no fraud" in certifications pursuant to Sarbanes Oxley Act (2002).
[]See full size image
Richard J Leon - US Judge
Colluded in alleged Bank of America fraud and deceit - by perpetrating Kozinski Fraud galore.
I. CC:
  • Prof Richard Posner, University of Chicago Law School - as a request for the initiation of corrective actions.
  • Law school faculty
  • James C Duff, Director, Administrative Office of the US Courts
  • Glenn A Fine, Inspector General, US Dept of Justice - as an addendum to complaint about wide-spread corruption of the justice system in Los Angeles County, and refusal of FBI and U.S. DOJ senior officers to accord Equal Protection, providing instead fraudulent responses to inquiries by U.S. Congress.
  • Other Inspector Generals - as an addendum to complaints about widespread corruption in Los Angeles County, and refusal of US government to enforce the law.
  • Mark J. Sullivan, Director, US Secret Service: As a request for investigation, pursuant to the US Secret Service mission statement and primary investigational jurisdiction - in safeguarding the integrity of the financial system - particularly - large computer systems.
  • NavanNaethem Pillay, UN High Commissioner for Human Rights
  • Nout Wellink, Chair, Basel Accords Committee
  • Lee Baca, Los Angeles Sheriff, as a repeat request to access the warrants of RF and NR1 - to inspect and to copy.
III. The Usual
[][]
IN SHORT - KOZINSKI MUST RESIGN!
[][]
"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.

09-12-11 Requesting reasonable explanations by the California Court of Appeals, 2nd District in re: Darwish

_ _ _ _ _
Date: Fri, 11 Dec 2009 12:32:04 -0800
To: "US House of Representatives -Judiciary Committee"
From: joseph zernik
Subject: Request that US House of Representatives, Judiciary Committee initiate corrective actions in re: case of Ms Barbara Darwish

The favor of a response within 10 days was requested

TO MEMBERS OF THE US HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE:

Copied below is my request for explanation by Joseph Lane, Clerk of the California Court of Appeals, 2nd District, regarding the case of Ms Barbara Darwish. Like the case of Attorney Richard Fine, it was a real estate matter. The case of Attorney Fine was best noted for the abduction and false imprisonment of Attorney Fine as part of the purported ancillary proceedings. The case of Ms Barbara Darwish was best noted as an example of alleged real estate fraud by the California Superior Court, County of Los Angeles, in collusion with the California Court of Appeal, 2nd District.

It was claimed that this type of conduct propelled Los Angeles County to be listed by the FBI as: "The epicenter of real estate and mortgage fraud". It was further alleged that conduct of the Los Angeles Superior Court in collusion with Countrywide and later - Bank of America, was also tightly tied to alleged criminality underlying the current economic/integrity crisis.

The case demonstrated the underlying deficiency - failure to establish process and procedures for publicly accountable validation/logic verification of large computer systems in government, in financial institutions, and in public corporations. It is the same deficiency - in large systems in the courts and in large financial institutions - operating in perfect harmony to defraud the American people - that underlies the current Economic/Integrity Crisis.
Allowing such conditions to stand amounted to serious deprivation of Human Rights of the people. In addition, such conditions inherently generate intolerable risks to financial markets in the US and beyond.

FBI and US Department of Justice refused to investigate complaints in this regard in the past three years, in disregard of overwhelming evidence of widespread corruption at the Los Angeles Courts and criminality at Countrywide and Bank of America.

Please initiate corrective actions pursuant to your duties and authority to restore the rights of Ms Barbara Darwish and all 10 million residents of Los Angeles County.

Dated December 11, 2009
La Verne, County of Los Angeles, California Joseph H Zernik
By: __/s/Joseph H Zernik__[*]
_ _ JOSEPH H ZERNIK
_ _ PO Box 526, La Verne,CA 91750
_ _ Fax: 801 998 0917
_ _ Email

[*] A digitally signed copy of this notice, with evidence of electronic fax transmission, can be viewed at:
http://inproperinla.com/09-12-11-req-us-judiciary-committee-corrective-actions-re-darwish-s.pdf

I. Addressed to:
  • Congressman Howard Berman - fax <1202-225-3196@efaxsend.com>
  • Congressman Rick Boucher - fax <1202-225-0442@efaxsend.com>
  • Congressman Jerrold Nadler - fax <1202-225-6923@efaxsend.com>
  • Congressman Bobby Scott - fax <1202-225-8354@efaxsend.com>
  • Congressman Mel Watt - fax <1202-225-1512@efaxsend.com>
  • Congresswoman Zoe Lofgren - fax <1202-225-3336@efaxsend.com>
  • Congresswoman Sheila Jackson Lee - fax <1202-225-3317@efaxsend.com>
  • Congresswoman Maxine Waters - fax <1202-225-7854@efaxsend.com>
  • Congressman Bill Delahunt - fax<1202-225-5658@efaxsend.com>
  • Congressman Robert Wexler - fax <1202-225-5974@efaxsend.com>
  • Congressman Steve Cohen - fax <1202-225-5663@efaxsend.com>
  • Congressman Hank Johnson - fax <1202-226-0691@efaxsend.com>
  • Congressman Pedro Pierluisi - fax <1202-225-2154@efaxsend.com>
  • Congressman Mike Quigley - fax <1202-225-5603@efaxsend.com>
  • Congresswoman Judy Chu - fax <1202-225-5467@efaxsend.com>
  • Congressman Luis Gutierrez - fax <1202-225-7810@efaxsend.com>
  • Congresswoman Tammy Baldwin <>
  • Congressman Charles Gonzalez
  • Congressman Anthony Weiner - declined to provide fax number@efaxsend.com>
  • Congressman Adam Schiff - fax <1202-225-5828@efaxsend.com>
  • Congresswoman Linda T. Sanchez - fax <1202-226-1012@efaxsend.com>
  • Congresswoman Debbie Wasserman Schultz - fax <1202-226-2052@efaxsend.com>
  • Congressman Dan Maffei - fax <1202-225-4042@efaxsend.com>
  • Congressman Lamar Smith - fax <1202-225-8628@efaxsend.com>
  • Congressman Jim Sensenbrenner - fax <1202-225-3190@efaxsend.com>
  • Congressman Howard Coble - fax <1202-225-8611@efaxsend.com>
  • Congressman Elton Gallegly - fax <1202-225-1100@efaxsend.com>
  • Congressman Bob Goodlatte - fax <1202-225-9681@efaxsend.com>
  • Congressman Daniel Lungren - fax <1202-226-1298@efaxsend.com>
  • Congressman Darrell Issa fax <1202-225-3303@efaxsend.com>
  • Congressman J. Randy Forbes - fax <1202-226-1170@efaxsend.com>
  • Congressman Steve King - fax <1202-225-3193@efaxsend.com>
  • Congressman Trent Franks - fax <1202-225-6328@efaxsend.com>
  • Congressman Louie Gohmert - faxed to <1202-226-1230@efaxsend.com>
  • Congressman Jim Jordan - faxed to <1202-226-0577@efaxsend.com>
  • Congressman Ted Poe - faxed to <1202-225-5547@efaxsend.com>
  • Congressman Jason Chaffetz - faxed to <1202-225-5629@efaxsend.com>
  • Congressman Tom Rooney - faxed to <1202-225-3132@efaxsend.com>
  • Congressman Gregg Harper - faxed to <1202-225>
II. CC
  • Prof Richard Posner, University of Chicago Law School - as a request for the initiation of corrective actions.
  • Law school faculty
  • James C Duff, Director, Administrative Office of the US Courts
  • Glenn A Fine, Inspector General, US Dept of Justice - as an addendum to complaint about wide-spread corruption of the justice system in Los Angeles County, and refusal of FBI and U.S. DOJ senior officers to accord Equal Protection, providing instead fraudulent responses to inquiries by U.S. Congress.
  • Other Inspector Generals - as an addendum to complaints about widespread corruption in Los Angeles County, and refusal of US government to enforce the law.
  • Mark J. Sullivan, Director, US Secret Service: As a request for investigation, pursuant to the US Secret Service mission statement and primary investigational jurisdiction - in safeguarding the integrity of the financial system - particularly - large computer systems.
  • NavanNaethem Pillay, UN High Commissioner for Human Rights
  • Nout Wellink, Chair, Basel Accords Committee
  • Lee Baca, Los Angeles Sheriff, as a repeat request to access the warrants of RF and NR1 - to inspect and to copy.
III. The Usual
[][]
IN SHORT - KOZINSKI MUST RESIGN!
[][]
"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.

Date: Fri, 11 Dec 2009 11:38:56 -0800
To: "California Court of Appeal, 2nd District" <12138972430@efaxsend.com>
From: joseph zernik
Subject: Attention: Clerk Joseph Lane, Cal Crt of Appeal, 2nd District, in re: Galdjie v Darwish (SC052737)

The favor of a response within 10 days was requested
TO CALIFORNIA COURT OF APPEALS, 2ND DISTRICT, CLERK OF THE COURT JOSEPH LANE.

Dear Clerk Lane:

I spoke today by phone with Chief Deputy Danny Potter in re: Galdjie v Darwish (SC052737). The purported case of the Superior Court of California, County of Los Angeles, was reviewed twice by your court. The caption was represented by the California Superior Court, County of Los Angeles, as a true court case. However, review of the Registers of Actions
[1] and other evidence revealed facts that were difficult to comprehend:
a) Multiple judges presided in the case, none with an assignment order.
b) All fees in this case were listed as "Journal Entry" whereas in true court cases such fees are listed as "Filing Fees", "Motion Fees", "Stipulation Fees", etc. John Clarke- Clerk, and Charles McCoy- Presiding Judge, of the Superior Court, County of Los Angeles, refused to answer any questions regarding the "Journal Entry" designation of funds in this case.
c) In critical court actions the Register of the Superior Court, County of Los Angeles, concealed the names of the judges involved, in one case listing only "Retired Judge", and in another listing only "Muni Judge".
d) I received a declaration under penally of perjury from Defendant Barbara Darwish, stating the the "Muni Judge" in this case was indeed Municipal Court Judge John Segal - in a civil unlimited real property case of the Superior Court of California. In May 2002 Ms Darwish appeared for trial at the California Superior Court, but was instructed to proceed to the Municipal Court, where John Segal purported to conduct a "bench trial" to take her 6-unit Santa Monica rental property.
e) John A Clarke, Clerk of the Los Angeles Superior Court denied requests to certify the case caption, the judgments, or the judges in this case as due case captions, judgments, or judges of the Superior Court of California, County of Los Angeles.
e) The California Court of Appeal, 2nd District took three (3) appeals in this case, from two (2) purported Judgments.
[2] The first two appeals were denied, and the third was voluntarily dismissed. The first appeal in this case resulted in a published opinion.

In discussing the matter with your Chief Deputy, Danny Potter, today by phone, his only explanation was that the California Court of Appeals liberally construed the law. I would therefore be grateful if you could look into the matter and provide a reasonable explanation for the conduct of the Clerk of the California Court of Appeal, 2nd District, in this case.

Dated December 11, 2009
La Verne, County of Los Angeles, California Joseph H Zernik
[3]
By: __/s/Joseph H Zernik__
JOSEPH H ZERNIK
PO Box 526, La Verne,CA 91750
Fax: 801 998 0917
Email

[1] Superior Court of California, County of Los Angeles, purported Registers of Actions:

a) Derwish v Darwish (SC060217)
http://inproperinla.com/00-00-00-la-sup-ct-galdjie-v-darwish_register-of-actions-case-history-d-v-d-sustain-ocr.pdf

b) Galdjie v Darwish (SC052737)
http://inproperinla.com/00-00-00-la-sup-ct-galdjie-v-darwish_register-of-actions-case-history-g-v-d-sustain-ocr.pdf

[2] California Court of Appeal, 2nd District, online dataCaption


a) B163970

LA Superior Court:

Galdjie v Darwish et al

(SC052737)

Trial Court Judge:

Segal, John

Trial Court Judgment Date: 09/05/2002; *

Date of Entry of Judgment: None;

Cal Crt App, 2nd:

Galdjie v. Darwish et al.

B163970

Notice of Appeal: 12/19/2002

Disposition: Affirmed in full, Published.

California Court of Appeals, 2nd District, Judges involved:

(1) Curry, Daniel A;

(2) Vogel, Charles S;

(3) Hastings, J Gary.

b) B179667

LA Superior Court:

Galdjie v Darwish et al

(SC052737)

Trial Court Judge: Segal, John;

Trial Court Judgment Date: None;

Date of Entry of Judgment - None;

Cal Crt App, 2nd:


Galdjie v. Darwish et al.

B179667

Notice of Appeal: 11/24/04

Disposition: Affirmed in full, Unpublished.

California Court of Appeal, 2nd District, Judges involved:

(1) Curry, Daniel A;

(2) Epstein, Norman L;

(3) Hastings, J. Gary.

c) B191327

Galdjie v. Darwish et al.

(SC052737)

Trial Court Judge: Segal, John;

Trial Court Judgment Date: 04/26/2006

Date of Entry of Judgment - None;

Galdjie v. Darwish et al.

B191327

Notice of appeal: 05/18/2006

Disposition: Voluntary Dismissal

California Court of Appeals Judges involved:

None.


* California Court of Appeals, 2nd District online listed the date as : 09/05/2002, in fact it was 05/09/2002 -- both inexplicable relative to time frames for appeals, if construed as date of entry of judgment.

[3] A digitally signed copy of this notice, with evidence of electronic fax transmission can be viewed at:
http://inproperinla.com/09-12-11-clerk-joseph-lane-cal-crt-app-2nd-dist-re-galdjie-v-darwish-s.pdf