will - racketeeringact.files.wordpress.com · KELLEY LYNCH, an individual; RICHARD A. WESTIN, ... LEONARD COHEN INVESTMENTS, ... Begins: "Ann Diamond' article,

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JEFFREY KORN, SBN 150978714 West Olympic Boulevard, Suite 450Los Angeles, California 90015Telephone (3 10) 430-568 1

e-mail: ief fkomlaw(?l ive.com

MICIIELLE L. RICE, SBN 235189KORY & RICE, LLP9300 Wilshire Blvd., Suite 200Beverly Hills, Califo mia 9 0212Telephone: (3 I 0) 285- 1 630

LEONARD NORMAN COHEN, an individual;LEONARD COHEN INVESTMENTS, LLC, ADelaware Limited Liability Company,

V.

KELLEY LYNCH, an individual; RICHARD A.WESTIN, an individual; DOES 1 through 50,inclusive,

Defendants.

SUPERIOR COURT OF THE STATE OF CALIFORNIACOLINTY OF LOS ANGELES _CENTRAL DISTRICT

ASE, NO.: 8C338322d to the Hon. Robert L. Hess:

OTICE OF OBJECTION TORESENTATION OF TESTIMONY ATOTION HEARING; NOTICE OF LODGING

ROPOSED ORDER ON OBJECTIONS TOECLARATIONS SUBMITTED BY KELLEYYNCH IN SUPPORT OF MOTION TO SETSIDE DEFAULT JUDGMENT

ion Hearing Date: January 17,2014

:24

omplaint filed: August 15,2005

Plaintiffs give notice that they will object to presentation of any live testimony at the

scheduled for January 17,2014 at 8:30 A.M., due to Defendant's failure to comply with California

of Court 3.1306.

Plaintiffs hereby give notice of lodging with the Court an order on objections that will be

on the record before a reporter at the hearing scheduled for January 17 ,2014 at 8:30 A.M.

Dated: January 16,2014 LAW OFFICE OF JEFFREY KORN

NOTICE OF OBJECTIONAND LODGING PROPOSED COURT ORDER

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JEFFREY KORN, SBN I 50978714 West Olympic Boulevard, Suite 450Los Angeles, California 90015Telephone (3 l0) 430-5681e-mai I : icl'fkurnlu* lar I iv e.corn

MICHELLE L. RICE, SBN 235189KORY & RICE, LLP9300 Wilshire Blvd., Suite 200Beverly Hills, Califo mia 90212Telephone: (3 1 0) 285- 1630

Afforneys for PLAINTIFF LEONARD NORMAN COHEN;LEONARD COHEN INVESTMENTS, LLC

SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF LOS ANGELES -CENTRAL DISTRICT

LEONARD NORMAN COHEN, an individual; ICASE NO.: BC338322LEONARD COHEN INVESTMENTS, LLC, a fssigned to the Hon. Robert L. Hess;Delaware Limited Liability Company, lDept. 24

IPlaintiff, IIPROPOSEDI ORDER ON PLAINTIFFS'v. IOBJBCTI0NS To DEFENDANT'S

DECLARATIONS IN SUPPORT OF MOTIONKELLEY LYNCH, an individual; RICHARD A. fIO SET ASIDE DEFAULT JUDGMENTWESTIN, an individual; DOES 1 through 50,

Iinclusive, pearing Date: January 17,2014llime: 8:30 A.M.Defendants D ept.:24lComplaint filed: August 15,2005

THE COURT RULES AS FOLLOWS ON PLAINTIFFS' ORAL EVIDENTIAR

OBJECTIONS TO DEFENDANT'S DECLARATIONS, FILED AUGUST 9,2013 IN SUPPORI O

MOTION TO SET ASIDE DEFAULT JUDGMENT:

Pageand line

MATERIAL OBJECTED TO GROUNDS FOROBJECTION

RULING

Motion,Page 4;lines8-10

"The Default itself is evidenceof theft and wrongfully alterspreviously filed federal andstate returns Lynch previouslyfiled by default"

lmproper Opinion.The statement is anopinion and a conclusorystatement included in adeclaration and does notcomply with therequirements of EvidenceCode section 800.

Grant _Deny

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RULING

Motion,Page 4;line 15

"including with respect to histax fraud"


Grant _Deny

ExhibitA; Page2; lines13-14

"[Plaintiff] has been monitoringmy whereabouts since weparted ways and has evenhired private investigators tokeep him appraised of mywhereabouts"

Speculation.The statement isspeculation included in adeclaration and does notcomply with therequirements of EvidenceCode section 702.

Grant _Deny


"[Plaintiff] understood that I

intend to report his tax fraud,that I was told is criminal to thelnternal Revenue Service. Heattempted to force me into asettlement agreement thatwould include, from what I

understood, providing falsetestimony against hisrepresentatives and/oradvisors. On April 15, 2005,and thereafter I reported[Plaintiff]'s tax fraud to thelnternal Revenue Service andthis case was and remainsretaliation due to that fact."

Speculation.Hearsay.lmproper Opinion.The statement attributesmotivation and knowledgeto Plaintiff in a declarationwith no supporting factrecited and does notcomply with therequirements of EvidenceCode section 702.Part of the statement isattributed to somethingDeclarant was "told."

Grant _Deny


"Betsy Superfon also advisedme that she spoke to [Plaintiff],in the spring of 2005, and hetold her at that time that I wasthe love of his life, he feltremorseful and terrified, andwould give me anything I

wanted to enter an agreementwith him."

Hearsay.Evidence Code section1200.Relevance.Evidence Code section350.

Grant _Deny

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RULING


"ln the winter andlar spring of2005, Boies Schiller advisedme that [Plaintiff] and Korywere attempted to engage mein criminal conduct and advisedme to go wired to my meetingswith them."

Hearsay.Evidence Code section1 200.Relevance.Evidence Code section350.

Grant _Deny


"ln a lunch meeting I had withRobert Kory, he confirmed thatthere is tax fraud on everyIPlaintiff] related entity."

Hearsay.Evidence Code section1200.

Grant _Deny


"[Plaintiff] has used extremelyabusive legal tactics, includingfraudulent restraining orders, toprevent me from being involvedin the litigation with respect tothis matter"

lmproper Apinion.The statement is anopinion and a conclusorystatement included in adeclaration and does notcomply with therequirements of EvidenceCode section 800.

Grant _Deny

ExhibitA; Page3;linesl4-15

"lt is my personal opinion that[Plaintiff] uses corporateentities to evade taxes and heappears to have a history of taxand residence problems."

lmproper Apinion,The statement is anopinion and a conclusorystatement included in adeclaration and does notcomply with therequirements of EvidenceCode section 800.

Grant _Deny


"My family members, andothers, have been victimizedby individuals either relatedwith or aligned with [Plaintiff]."


Grant _Deny

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RULING

ExhibitA; Page3; line22

"The matters they are raisingrelate to [Plaintiff], the lnternalRevenue Service and PhilSpector."

Hearsay.Evidence Code section1 200.Relevance.Evidence Code section350.

Grant _Deny


"He has gone to extraordinarylengths, targeted my sons,falsely accused my elderlyparents and sister of variousthings, relentlessly slanderedand maligned me, and hasused perjury, fraud, andconcealment to obtain orders,judgments, and verdicts. Hehas also used the news mediaskillfully to twist, distort, andmanipulate the truth."

lmproper Opinion.The statement is anopinion and a conclusorystatement included in adeclaration and does notcomply with therequirements of EvidenceCode section 800Relevance.Evidence Code section350.

Grant _Deny

ExhibitB; Page6; lines14-23

Begins: "Ann Diamond' article,written for Rolling Stone ...."

Continues to: "...There waszero probability in any event."

Relevance. None of thematerial has a connectionto subject of currentmotion.Hearsay. Contentattributes itself to orappears to paraphrase aninternet gossip article.

Grant _Deny


[Plaintiff] has used abusiverestraining orders againstdefendant and has availedhimself of the legal system inorder to obtain orders,judgments, and verdicts viafraud, perjury andconcealment. lt is Lynch'sopinion that all of this was donein an attempt to obstructjustice."

Relevance.Evidence Code section350lmproper Opinion.The statement isdefamatory, with no factsin support, and does notcomply with therequirements of EvidenceCode section 800.

Grant _Deny

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RULING

ExhibitB; Page7; Iines1-20

Begins: "There is no doubt thatthis activity was undertaken tosilence Lynch ...."

Continues to: "... Ann-Di amond-Article-Corrected-by-KL-Leonard-Cohen-Criminal-Cover-Up."

Relevance.None of the objected tomaterial has a connectionto subject of currentmotion.Hearsay.Content attributes itself toor appears to paraphrasean internet gossip article.

Grant _Deny


Begins: "ln June 2005, NealGreenberg, IPlaintiff 's]investment advisor, filed alawsuit...."

Continues to: " ... SWAT teamdescended on Lynch's homeand arrested her in her bathingsuit; later Lynch wasinvoluntarily admitted to apsych ward and"

Relevance.None of the objected tomaterial has a connectionto subject of currentmotion.Hearsay.Content attributes itself toa lawsuit but no properrequest for judicial noticeor authenticateddocument produced.

Grant _Deny

ExhibitB; PageB; lines1-28

Begins: "drugged. Lynchsupplied documents andinformation ...."

Continues to: "...Kory and[Plaintiff] vowed to'crush her.'It goes on to say their'tacticsto terrorize, silence, or"

Relevance.None of the objected tomaterial has a connectionto subject of currentmotion.Hearsay.Content attributes itself toa Maclean's magazinearticle.

Grant _Deny


Begins: "disparage Lynchincluded threatening her thatshe would go to 'jail...."

Continues to: "...These Articlescontinually raise IPlaintiff 's] taxtroubles which are the drivingforce behind his targeting ofLynch."

Relevance.No connection to subjectof current motion.Hearsay.Content paraphrases orexpands on unidentifiedinternet or magazinearticles.lmproper Opinion.The statement by its owncontent is broad "opinion"with no facts and no basisin expertise to support.

Grant _Deny

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RULING


Begins: "[Plaintiff], a man withaccess to the news media is anexpert in manipulating thepress ...."

Continues tor "... his unusuallyarticulate and quick wittedsentences bemoaning his lackof articulateness andsharpness ("1'm sorry. You getthis kind of spaciness atmoments in retreats. They sayzazen bring short-"

Relevance.No connection to subjectof current motion.Hearsay.Content quotes orparaphrases internet ormagazine articles.

Grant _Deny


Begins "term memory loss.),his claiming not to know, aftertwenty years in L.A., how longit takes to drive to SantaBarbara. These are tricks of[Plaintiff's] trade and they workwell in courts of |aw...."

Continues to: "...In fact, one ofCanada's treasures is unableto reside in Canada."

Relevance.No connection to subjectof current motion.Hearsay.Content paraphrases amagazine article.Speculation,Content is attributed towhat Declarant "believed."

Grant _Deny

ExhibitB; Page11 ; lines11-26

Begins: "Dear Mr. Westin:...."

Continues to: "...We lookforward to hearing from you."

Relevance.No connection to subjectof current motion.No Foundation.Content quotes andparaphrases an allegedletter with noauthentication in violationof Evidence Code section140011401.Hearsay.

Grant _Deny

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RULING

ExhibitB; Page11 ; lines27-28

"On April 15, 2005, Lynchreported IPlaintiff's] tax fraud tothe Agent Bill Betzer of thelRS. Agent Betzer initiallyadvised Lynch to Bring theallegations of fraud into the IRSwith a lawyer. He then"

Relevance.No connection to subjectof current motion.Hearsay.Content is attributed to"Agent Bill Betzer."lnadmissible Opinion.The statement of "taxfraud" is a conclusion/opinion with no facts andno basis/ foundation tosupport.

Grant _Deny

ExhibitB; Page12; line1

"advised her to phone the IRSFraud Hotline which she did.Lynch also reported the taxfraud via an IRS website ...."

Hearsay.lnadmissible Opinion.The statement of "taxfraud" is a conclusion/opinion with no facts andno basis and nofoundation in declarant'sexpertise to support.

Grant _Deny

ExhibitB; Page12;lineI -27

Begins: "41977 memo,prepared for...."

Continues to: "...All threecountries tax income from asource within their respectivejurisdiction paid to non-residents; there are, howeverseveral exceptions establishedby treaty.

Relevance.No connection to subjectof current motion.No Foundation.Hearsay.Content quotes orparaphrases alleged"memos" with noauthentication in violationof Evidence Codesections 14AU14O1.

Grant _Deny


Begins: "Because of the factsof IPlaintiff's] case ...."

Continues to: [Plaintiff] plannedto return to Canada as aresident. He"

Relevance.No connectionwhatsoever to subject ofcurrent motion.

Grant _Deny

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RULING

ExhibitB; Page'13; lines1-9

Begins "abandoned his greencard ...."Continues to "...The stamp in[Plaintiff's] passport was datedJuly 4, 1993."

Relevance.No connectionwhatsoever to subject ofcurrent motion.

Grant _Deny


Begins "ln the fall of 1988 ....

Continues to "...University ofToronto."

Relevance.No connectionwhatsoever to subject ofcurrent motion.Lack of Foundation.Hearsay.I nte nt i o n a I d efa m ato rystatements made forimproper purpose withno connection tocurrent matter beforethe Court.

Grant _Deny

ExhibitB;Page14;lines19-28

Begins: "Letter From F. VanPenick to Kelley Lynch ...."

Continues to: "...the residencestatus is crucial;3. Residenceis not a"

Relevance.No connectionwhatsoever to subject ofcurrent motion.Lack of Foundation,Appears to quote a letterwith no showing ofauthenticity in violation ofEvidence Code sections140011401.

Grant _Deny


Begins: "defined term but willbe determined as a matter offact...."

Continues to: "...Yours verytruly"

Relevance.No connectionwhatsoever to subject ofcurrent motion.Lack of Foundation,Appears to quote a letterwith no showing ofauthenticity in violation ofEvidence Code sections1400 11401_

Grant _Deny

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RULING

ExhibitB; page15; line14

"According to [Plaintiff], therisks he faced with respect toCanadian tax and residenceissues were"

Belevance.No connectionwhatsoever to subject ofcurrent motion.

Grant _Deny


Begins: "[Plaintiff] decided thatreturning to Canada wassimply too risky...."

Continues to: "... Conversation-With-Steven-Machat-Leonard-Cohen-and Phil-Spector"

Relevance.Lack of Foundation.Speculation.

Grant _Deny

ExhibitB;Pagel 6;lines 20

"resolving issues with respectto [Plantiff's] numerous socialsecurity numbers"

Relevance.No connectionwhatsoever to subject ofcurrent motion.Lack of Foundation,Hearsay.lntentional defamatorystatements made forimproper purpose withno cannection tocurrent matter beforethe Court.

Grant _Deny


Begins: "As of 1991 , Cohenhad abandoned his greencard...."

Continues to: "...social securitynumber and yet he personallyhad done so."

Relevance.Materiality. Noconnection whatsoever tosubject of current motion.Lack of Foundation.Hearsay.lntentional defamatorystatements made forimproper purpose withno connection tocurrent matter beforethe Court.

Grant _Deny

Documents

will - racketeeringact.files.wordpress.com · KELLEY LYNCH, an individual; RICHARD A. WESTIN, ... LEONARD COHEN INVESTMENTS, ... Begins: "Ann Diamond' article,