07-12-07 Samaan v Zernik (SC087400) Transcript of Atty Pasternak's Ex Parte proceeding at the court of Judge Hart Cole Gag Orders Indemnity Agreement, Fraudulent Grant Deed s

8/9/2019 07-12-07 Samaan v Zernik (SC087400) Transcript of Atty Pasternak's Ex Parte proceeding at the court of Judge Har

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THE COD PROJECT by Dr Z (not-for-profit tax id application to be filed)

Joseph H Zernik, DMD, PhDPO Box 526, La Verne, CA 91750; Fax: 801.998.0917; E-Mail: [email protected]

07-12-07 Ex parte proceeding by Atty David Pasternak at the Court of Judge Hart-Cole in

Beverly Hills

Two ex parte proceedings were conducted in the morning of December 7, 2007, at therequest of Atty David Pasternak, in a row:

1) At the court of Judge Lisa Hart Cole at the Beverly Hills Courthouse

2) At the court of Judge Patricia Collins at the Santa Monica Courthouse

Such proceedings were seen as a high mark in alleged criminality: Atty David Pasternak didnot hesitate to file in court motions for order that were allegedly criminal on their faces:

1) Indemnity Agreement for future criminality for Mara Escrow ( a subsidiary of OldRepublic Title Insurance Holding Co.) to overcome refusal of escrow officer toparticipate in the scam.

2) Gag Order to prevent Defendant in pro se from Protected Speech in defense ofself, and to benefit to large financial institutions Mara Escrow and United Title Co.

3) Fraud Grant Deed Grant Deed were brought for purported court approval, whichwere later opined as Fraud by a highly decorated FBI veteran agent and FraudExpert.

4) Various abusive financial papers.

Enclosed is the Transcript of the first ex parte proceeding at the court of Judge Hart-Cole.

Of note

1) Judge Hart Cole attempted to mishandle the peremptory challenge that was filed incourt prior to the initiation of the proceedings.

2) Beyond Atty David Pasternak, who was present in person, Att MohammadKeshavarzi (Sheppard Mullin ) participated by phone.

3) A third attorney appeared and participated in the proceedings, but neither he, norAtty David Pasternak, nor Judge Hart-Cole would divulge his name, or the name ofhis client! Much later it turned out to be Att Richard Ormond from (Buchalter Nemer)

for Mara Escrow. He attempted to participated in the proceedings incognito, andthe conduct of Judge Hart Cole and Atty David Pasternak demonstrated that sucheffect was coordinated by the three in advance.

Related papers that are posted online:

1) December 7, 2007 - Transcript from the court of Judge Patricia Collins.

2) December 7, 2007 moving papers by Att Pasternak

Digitally signed by

Joseph H Zernik

DN: cn=Joseph H

Zernik, o, ou,email=jz12345@ear

thlink.net, c=US

Location: La Verne,

California

Date: 2009.10.2022:50:55 -07'00'


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Page 2/2 October 20, 2009

3) December 7, 2007 Peremptory Challenge papers filed by Dr Zernik against JudgeHart Cole.

4) December 7, 2007 Disqualification for a Cause against Judge Collins filed by DrZernik.

5) December 7, 2007 Order signed by Judge Patricia Collins purportedly approvingAtty Pasternaks motion.

6) December 7, 2007 Minute Order by Judge Hart-Cole purporting to record herrecual.

7) December 7, 2007 Minute Order by Judge Hart-Cole documenting secretdisposal of the Minute Order recording the recusal.

8) December 7, 2007 Minute Order by Judge Collins purporting to document theproceedings.

9) December 7, 2007 - Register of Actions showing false registration by Judge

Patricia Collins secretly disposing of her actions on that day.

Generally the proceedings demonstrate the typical conduct of Enterprise Track cases double or triple records are created. Similar conduct was the characteristic of theproceedings for jailing of Atty Richard Fine on March 4, 2009.

The significance of such double records is by the fact that they are intended for presentationto review courts. Therefore, the party, who is denied access to such secret records may filea petition, or an appeal, protesting judicial actions that were in serious violation of the law.Amazingly the review court would not find any fault in the case. The reason the reviewcourt was presented with the false records in which the actions were disposed.Needless to say the party is never informed that such records were secretly filed with the

review court.


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SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF LOS ANGELES

DEPARTMENT WE X HON. LISA HART COLE, JUDGE

NIVIE SAMAAN, AN

VS.

INDIVIDUAL,PLAINTIFF,

NO. SC087400JOSEPH ZERNIK, AN INDIVTHROUGH 10 , INCLUSIVE, IDUAL, AND DOES

DEFENDANTS.

1O R I G I N t ~ L

REPORTER'S TRANSCRIPT OF PROCEEDINGSFRIDAY, DECEMBER 7, 2007

APPEARANCES:FOR THE PLAINTIFF: SHEPPARD MULLIN RICHTER & HAMPTONBY: MOE KESHAVARZI, ESQ.(VIA COURT CALL)1901 AVENUE OF THE STARSSUITE 1600LOS ANGELES, CALIFORNIA 90067(310) 228-3700FOR DEFENDANT ZERNIK: JOSEPH ZERNIK

IN PROPRIA PERSONAFOR THE RECEIVER: PASTERNAK, PASTERNAK & PATTONBY: DAVID J . PASTERNAK, ESQ.1875 CENTURY PARK EASTSUITE 2200LOS ANGELES, CALIFORNIA 90067(310) 553-1500

ANGELA MAPP, CSR NO. 7824, CRROFFICIAL REPORTER


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I CASE NUMBER: SC087400CASE NAME: SAMAAN V. ZERNIKBEVERLY HILLS, CALIFORNIA FRIDAY, DECEMBER 7, 2007DEPARTMENT X HON. LISA HART COLE, JUDGEREPORTER: ANGELA MAPP, CSR NO. 7824TIME: A.M. SESSION

APPEARANCES:MOE KESHAVARZI, ATTORNEY AT LAW, FORPLAINTIFF NIVIE SAMAAN, APPEARING VIA COURTCALLi DAVID PASTERNACK, ATTORNEY AT LAW,FOR THE RECEIVER AND MOVING PARTYi JOSEPHZERNIK, THE DEFENDANT, PRESENT AND INPROPRIA PERSONA.

THE COURT: OKAY. SAMAAN VERSUS ZERNIK, SC087400.MR. PASTERNACK: GOOD MORNING, YOUR HONOR. DAVID

PASTERNACK, RECEIVER, MOVING PARTY.MR. ZERNIK: GOOD MORNING, YOUR HONOR. I 'M

DEFENDANT IN PRO PER, AND I 'M HERE FOR THE RULING ON THEPEREMPTORY CHALLENGE BEFORE ANY OTHER HEARING.

THE COURT: YES, I 'M PREPARED TO RULE ON THAT. APEREMPTORY CHALLENGE WAS FILED THIS MORNING. HOWEVER, INREVIEWING THE FILE, IT APPEARS THAT, ON JULY 12TH, 2007, A170 .3 MOTION WAS FILED AGAINST JUDGE CONNOR. IN THATMINUTE ORDER JUDGE CONNOR INDICATED THAT SHE DENIED THE170 .3 BUT DEEMED THAT CHALLENGE TO BE A CHALLENGE PURSUANTTO 170 .6 . AND THAT CHALLENGE WAS SO ACCEPTED, AND THE


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I CASE WAS TRANSFERRED TO ANOTHER - I MR. ZERNIK: NO, IF YOU READ CAREFULLY, THE - I MR. KESHAVARZI: YOUR HONOR, JUST FOR THE RECORD, II WOULD LIKE TO STATE MY APPEARANCE. THIS IS MOEI KESHAVARZI, COUNSEL FQR PLAINTIFF NIVIE SAMAAN. AND II APOLOGIZE FOR NOT BEING THERE IN PERSON, YOUR HONOR.I THE COURT: OKAY. MR. ZERNIK, LET ME BE VERY CLEARI ABOUT ONE THING. WHEN I 'M SPEAKING, I DON'T EXPECT TO EE

INTERRUPTED. IS THAT CLEAR?MR. ZERNIK: YES, YOUR HONOR.THE COURT: ALL RIGHT. AND SO ON THAT MINUTE ORDER

THE COURT DEEMED THE 170 .3 TO BE A MOTION PURSUANT TO170 . 6 , AND IT WAS SO ACCEPTED, AND THE CASE WAS

I TRANSFERRED TO ANOTHER COURT. AND THAT MINUTE ORDER ISONE THAT I 'M SPECIFICALLY LOOKING AT.

THERE WAS AN APPEARANCE BY JAHAN JAOGOVAR,I WHO WAS SPECIALLY APPEARING ON BEHALF THE DEFENDANT ON

THAT DAY.SO, FOR THAT REASON, THE COURT DEEMS THE

1170 . 6 FILED THIS MORNING TO BE INVALID, ONE HAVING ALREADYBEEN EXERCISED.

YOU MAY BE HEARD, SIR.I MR. ZERNIK: FIRST OF ALL, I WOULD LIKE TO KNOW WHO

THIS GENTLEMAN IS .THE COURT: YOU MAY BE HEARD ON THE 170 . 6 , SIR.MR. ZERNIK: BUT INTRODUCTIONS DON'T COME BEFORE

THAT?THE COURT: YOU MAY BE HEARD ON THE 170 . 6 , SIR.


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MR. ZERNIK: OKAY. ON THE 170 .6 , IF YOU READ VERYCAREFULLY - - THAT MINUTE ORDER IS LENGTHY, I KNOW, FORJULY 12TH. IT 'S A LITTLE BIT CONFUSING. BECAUSE WHATHAPPENED THERE FIRST, IN OPEN COURT, THE JUDGE, JUDGECONNOR, SAID WHAT YOU JUST SAID NOW, THAT SHE DEEMS IT ,FOR WHATEVER REASON - - ALTHOUGH, IT SAYS CLEARLY 170 .3 ,SHE DEEMED IT 170 .6 . BUT, APPARENTLY, SHE CHANGED HERMIND. AND EVENTUALLY-- IF YOU LOOK AT THAT MINUTE ORDER,EVENTUALLY, AND ALSO IN THE SUSTAIN SHE RECUSED HERSELF ON170 .3 .C .2 , I BELIEVE. BUT THE FINAL DECISION OF 170 .3 .C .2IS A RECUSAL OF JUDGE IN RESPONSE TO 170 .3 . SHE CHANGEDHER MIND.

(THE JUDGE IS READING THE FILE.)MR. ZERNIK: AND, INDEED, THE BASIS - THE COURT: SIR, PLEASE DON'T INTERRUPT WHILE

YOU'RE ASKING ME TO READ SOMETHING. IS THAT ALL RIGHT?MR. ZERNIK: YES, YOUR HONOR.THE COURT: THANK YOU.

OKAY. YOU MAY BE CORRECT. LET'S HAVE ASEAT. LET ME CHECK IT OUT.

MR. ZERNIK: YEAH. I MAY SUGGEST, YOUR HONOR - THE COURT: HAVE A SEAT. I 'M GOING TO CHECK IT

OUT.MR. KESHAVARZI: YOUR HONOR, MAY I BE HEARD ON

THAT?THE COURT: NO. THANK YOU.

I THE COURT WILL BE IN RECESS UNTIL I GET THEI NEW VOLUME.


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(RECESS. )THE COURT: ALL RIGHT. WE'LL GO BACK ON THE

RECORD.MR. ZERNIK, YOU ARE CORRECT, JUDGE CONNOR

ENDED UP RECUSING HERSELF. YOU DID NOT USE A 170 .6 .MR. ZERNIK: THANK YOU.THE COURT: SO YOU ARE CORRECT ABOUT THAT. SO YOU

STILL HAVE AN OPPORTUNITY TO FILE YOUR 170 .6 . AND I WILLACCEPT THIS 170 .6 .

MR. ZERNIK: THANK YOU VERY MUCH, YOUR HONOR.THE COURT: YOU'VE BEEN REFERRED TO DEPARTMENT J

BACK IN SANTA MONICA.MR. ZERNIK: THANK YOU VERY MUCH, YOUR HONOR.THE COURT: EXCUSE ME FOR ONE MOMENT. LET ME

FINISH, IF I MAY.MR. ZERNIK: DID YOU - THE COURT: MAY I FINISH, PLEASE?MR. ZERNIK: YES.THE COURT: THANK YOU, SIR.

THAT'S JUDGE FRIEDMAN. BECAUSE THIS IS ANEX-PARTE APPLICATION,I 'M GOING TO ORDER THAT THE PARTIESGO THERE FORTHWITH.

MR. PASTERNACK: THANK YOU, YOUR HONOR.THE COURT: ALL RIGHT. THANK YOU VERY MUCH.MR. PASTERNACK: IT 'S NICE TO SEE YOU, YOUR HONOR.MR. ZERNIK: BUTTHE COURT: EXCUSE ME. MR. ZERNIK, JUST WAIT ONE

MOMENT. WAIT. HOLD ON ONE SECOND. I WANT TO MAKE SURE


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I THAT'S GOOD WITH THE JUDGE.I (A DISCUSSION WAS HELD BETWEEN THE

COURT AND CLERK WHICH WAS NOTREPORTED. )

THE COURT: ALL RIGHT. VERY GOOD. I 'LL REFER YOUTO DEPARTMENT J , JUDGE FRIEDMAN. AND EITHER IF HE'S NOT

I THERE, WHICH I UNDERSTAND - I EXCUSE ME, SIR.I - WHICH I UNDERSTAND HE IS NOT, THEN A

JUDGE WHO'S COVERING HIS EX PARTES WILL TAKE CARE OF IT .YES, SIR?

MR. ZERNIK: TWO COMMENTS THAT ARE CRITICAL. IHAVE GREAT DIFFICULTY TO DO IT TODAY BECAUSE I HAD SOMEMEDICAL APPOINTMENT ALREADY SET BECAUSE I DID NOT THINK ITWOULD GO UNTIL THE MIDDAY, NUMBER ONE. BUT NUMBER TWO ISTHAT I THINK IT IS IN VIOLATION OF COURT RULES TO DO AN EXPARTE IN THE MIDDLE OF THE DAY. ALL EX PARTES IN THE WESTSIDE DIVISION ARE DONE ALWAYS AT 8:30 SHARP.

I IF I CAME AT 8:32 , I WAS DENIED A HEARING ONI EX PARTE. SO TO START AN EX PARTE IN MIDDAY, I THINK ITI WOULD BE A VIOLATION OF COURT RULES.I THE COURT: THAT'S NOT CORRECT, SIR. THE EX PARTEI HAS TO BE FILED BY 8 :30 . THIS EX PARTE WAS TIMELY FILED.I MR. ZERNIK: IN THIS COURTHOUSE, BUT NOT IN THAT

COURTHOUSE.THE COURT: THANK YOU VERY MUCH. THE OBJECTION IS

NOTED AND OVERRULED.MR. PASTERNACK: THANK YOU, YOUR HONOR.


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THE COURT: ALL RIGHT. PLAINTIFF TO GIVE NOTICE,PLEASE. THANK YOU VERY MUCH.

THAT'S IT, SIR. THANK YOU.MR. PASTERNACK: YOUR HONOR, CAN I JUST CONFIRM - THE CLERK: FOR CLARIFICATION, THE CASE IS ASSIGNED

TO JUDGE FRIEDMAN, DEPARTMENT J , FOR ALL PURPOSES. BUTTHE EX PARTE FOR TODAY IS TRANSFERRED TO JUDGE COLLINS INDEPARTMENT B FOR TODAY'S EX PARTE. SHE WILL HANDLE THE EXPARTE IN PLACE OF THE ASSIGNED JUDGE, FOR THE ALL-PURPOSEJUDGE.

THE COURT: OKAY. SO YOU'RE ORDERED - MR. ZERNIK: WHO ARE YOU BE GETTING IT FROM?THE COURT: - - DEPARTMENT B.

EXCUSE ME, SIR. DEPARTMENT B.MR. ZERNIK: BUT WHO'S THE SOURCE OF THIS

INFORMATION?THE COURT: JUDGE COLLINS.MR. ZERNIK: OKAY. WHAT IS HIS (SIC) TITLE?MR. PASTERNACK: IF I CAN, CAN I JUST CONFIRM THAT

MR. KESHAVARZI IS STILL ON THE PHONE AND HEARD THIS?THE COURT: MR. KESHAVARZI, ARE YOU STILL THERE?

(NO RESPONSE FROM ANYONE ON COURTCALL.)

THE COURT: NO, HE'S NOT.MR. PASTERNACK: OKAY.THE CLERK: CAN WE HAVE ONE OF THESE ATTORNEYS GIVE

NOTICE OF THE REASSIGNMENT?THE COURT: THE PLAINTIFF IS GIVING NOTICE.


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MR. PASTERNACK: SURE.THE COURT: ACTUALLY, MR. PASTERNACK IS . MR. PASTERNACK: I 'LL GIVE NOTICE.MR. ZERNIK: CAN I KNOW WHO'S THISTHE COURT: SIR, PLEASE DON'T SPEAK TO MY CLERK

I WHEN I 'M ON THE RECORD.MR. ZERNIK: SORRY.THE COURT: THAT'S IT , SIR. THANK YOU VERY MUCH.

I YOU'RE ORDERED TO DEPARTMENT B FORTHWITH.MR. PASTERNACK: I WILL GIVE NOTICE.THE COURT: THANK YOU, YOUR HONOR.

THEY'RE WAITING FOR YOU. THAT'S IT , SIR.MR. ZERNIK: I WANT TO KNOW WHO IS THE SOURCE OFITHE ORDER. IS IT YOU?THE COURT: JUDGE COLLINS.MR. ZERNIK: WHO IS JUDGE COLLINS?THE COURT: SHE'S THE ACTING SUPERVISING JUDGE IN

SANTA MONICA.MR. ZERNIK: DO YOU HAVE ANY WRITTEN COPY OF IT?THE COURT: IT WILL BE. THAT'S IT , SIR. THANK

YOU.MR. ZERNIK: OKAY.THE COURT: THANK YOU, SIR.MR. ZERNIK: THANK YOU VERY MUCH, YOUR HONOR.

(THE PROCEEDINGS WERE CONCLUDED.)***


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SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF LOS ANGELES

I DEPARTMENT WE.X HON. LISA HART COLE, JUDGEINIVIE SAMAAN, AN INDIVIDUAL,I PLAINTIFF,

VS. NO. SC087400I JOSEPH ZERNIK, AN INDIVIDUAL, AND DOES 1THROUGH 10, INCLUSIVE,

DEFENDANTS.

I I , ANGELA MAPP, OFFICIAL REPORTER OF THEI SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTYIOF LOS ANGELES, DO HEREBY CERTIFY THAT THE FOREGOINGI PAGES, 1 THROUGH 7 , INCLUSIVE, COMPRISE A FULL, TRUE ANDI CORRECT TRANSCRIPT OF THE TESTIMONY AND PROCEEDINGS HELDI IN THE ABOVE-ENTITLED MATTER ON DECEMBER 7, 2007.I DATED THIS 3RD DAY OF MARCH, 2008.

,I '/

i/)

Documents

07-12-07 Samaan v Zernik (SC087400) Transcript of Atty Pasternak's Ex Parte proceeding at the court of Judge Hart Cole Gag Orders Indemnity Agreement, Fraudulent Grant Deed s