10-01-07 Samaan V Zernik (SC087400) at The Superior Court of California, County of Los Angeles: Register of Actions (California Civil Docket) With A Preface S

Digitally signed
Dr Z by Joseph H
Zernik
Joseph Zernik, PhD DN: cn=Joseph H
Zernik, o, ou,
email=jz12345@e
PO Box 526, La Verne, CA 91750; arthlink.net, c=US
Location: La
Fax: 323.488.9697; Email: jz12345@earthlink.net Verne, California
Date: 2010.04.10
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Human_Rights_Alert 12:05:10 -07'00'
10-01-07 Samaan v Zernik (SC087400) Register of Actions (California civil docket)
The January 7, 2010 Register of Actions (California civil docket) in and of itself provides abundant evidence
of the multiple levels of alleged fraud and perversion in the purported litigation of Samaan v Zernik
(SC087400). It is simply impossible to explain the record that is the Register of Actions in Samaan v Zernik
within the framework of California Law or the Law of the United States. It is alleged that the Register of
Actions in Samaan v Zernik (SC087400), which is only a minute fraction of the evidence in this case, should
be sufficient to indict Judge Jacqueline Connor, Sandor Samuels, and Brian Moynihan for racketeering.
However, since mid 2007 FBI and US Department of Justice refused to accept complaints alleging criminality
by Judge Connor and others who colluded with her.
One must recall in this regard Judge Jacqueline Connor’s unique role in the Rampart scandal (1998-2000) and
the First Rampart Trial (2000), where she reversed jury verdicts.
It is alleged that upon review of the evidence as a whole, in Samaan v Zernik (SC087400), the Rampart
Scandal, and the First Rampart Trial, a reasonable person would conclude that Judge Jacqueline Connor
perverted the First Rampart Trial as well, to scuttle any effort to “fix the Rampart”.
Following are only three examples:
1) October 25, 2005 – The opening page of the Register of Actions

Plaintiff never paid Filing Fees, and all payments in this case were listed as “Journal Entry”.
2) July 6-23, 2007 – Initiation of the alleged racketeering at the court by Countrywide and Bryan
Cave, LLP in collusion with Judge Jacqueline Connor.
Key features of the racketeering included, but were not limited to:
a) Permitting Countrywide and Bank of America to this date (April 2010) to appear under false Party
Designation of “Non Party”.
b) Permitting appearances by Bryan Cave, LLP, counsel who was not counsel of record in the
caption at hand.
c) Fabrication of the existence of a “Protective/Restraining Order” which never existed in reality.
d) Holding of proceedings “off the record”
e) Eliminating Countrywide/Bryan Cave, LLP papers – the July 6, 2007 application for “Protective
Order” from the Court file.
f) Denying Defendant any Service and Notice under false “waiver of notice”.
g) Denying Defendant Access to Court Records – to inspect and to copy.
h) Creating false records, including false record for July 12, 2007 Disqualification for a Cause of
Judge Jacqueline Connor.
3) September 10, 2007 – a) False record of Disqualification for a Cause, and b) False minutes of
proceedings that never took place in reality, c) False ruling that there was no fraud in
Countrywide records.
Preface 1/13
Page 2/13 April 10, 2010
As her final act in this case, after disqualification for a cause, Judge Jacqueline Connor entered false
records of proceedings that never took place in reality, and ruling that was never ruled – that there was
no fraud in Countrywide records. Fraud expert opined to the contrary.
Such conduct is alleged as obstruction and perversion of justice, as well as intimidation, retaliation,
harassment of a victim, witness, informant, which is Dr Joseph Zernik, who in early 2007 exposed the fraud in
the highest level of management of Countrywide Financial Corporation.
1) Page 1 – Face Page of the Register of Actions – Failure of Plaintiff to Pay Filing Fees, Failing to
Enter Judgment in the Case, where Dr Zernik’s property was taken in November 2007 for private
use with no compensation under the ruse of enforcement of Court Judgment.
a) The case was purported to be litigation under the cause of Specific Performance or Damages for
Breach of Contract. US Department of Justice falsely claimed in response to US Congress inquiry
that it was a case of foreclosure. The case did not involve any foreclosure, bankruptcy, or
mortgage default of any kind.
b) The case was filed on October 25, 2005, and is inexplicably purported to continue to this date -
age on January 7, 2010 – 1535 days.
c) The case is marked as such where no judgment or dispositive action was ever entered –
“Disposition Type”, and “Disposition Manner” were left blank. However, Dr Zernik was forced
to leave his home, his property in November 2007 under the ruse of enforcement of court
judgment that was never entered. His property was taken for private use with no compensation at
all.
d) Judge listed on the case is “Richard A Stone”. However, to the best of Dr Zernik’s knowledge the
case was never in the court of Judge Richard A Stone. Some dozen judges purported to preside in
the case. None of them had a valid Assignment Order as required by law.
e) Plaintiff Counsel contact information is listed on, whereas no contact information is listed for
Defendant. Indeed, the facts in the matter showed that the court denied Defendant the Due
Process right for notice and service throughout the purported litigation.
f) Under October 25, 2005 the Register of Actions documented that Plaintiff Nivie Samaan never
paid her filing fees.
10/25/05 Case Filed

New Filing MEMO
Other Real Property Rights Case
NIVIE SAMAAN 2 NSF chk recd/retd
1 $36.50 1 &97.50
As confirmed by several Deputy Clerks, such notation indicated that two No Sufficient Funds
Checks were received and returned- one for $36.50, and the other for $97.50.
Such fact was concealed for a long time from Defendant. However, even after he discovered the
fact, and informed the Clerk of the Court and demanded that the case be dismissed, as required
by law, the Clerk refused to take action.
g) Under October 25, 2005, payment is listed as “Journal Entry”.
10/25/05 Journal Entry

Received - Civil Filing Fee
$299.50
Preface 2/13
Page 3/13 April 10, 2010
All other payment of court fees in the case are likewise listed as “Journal Entry”, whereas in
other cases of the court such fees are listed as “Filing Fees”, “Motion Fees”, “Stipulations Fees”,
etc. Accountancy textbooks list improper use of “Journal Entry” as a hallmark of high-level
financial management fraud. Charles McCoy, Presiding Judge of the Los Angeles Superior
Court, and John A Clarke, Clerk of the Court, refused to respond to repeated requests to disclose
the true designation of funds collected in this case. It should also be noted that to this date, the
Los Angeles Superior Court has never published a single audited financial statement.
h) No mention is made of parties which are corporate entities:
i. Coldwell Banker Residential Brokerage should have been listed as Cross Defendant.
ii. Countrywide Financial Corporation and later Bank of America Corporation have appeared
in the case numerous times since July 2007 under the false party designation of “Non
Party”, filed motions, papers, purported judgments, under false counsel, who is not
counsel of record – Bryan Cave, LLP.
2) Page 57-58: July 6, 2007 – First false and deliberately misleading appearance by Countrywide and
Bryan Cave, LLP, for a “Protective Order”, in proceedings “off the record”.
a) Top entry of the page:
07/06/07 Document Filed

ExParte Application
Attorney for Moving Party
FOR PROTECTIVE ORDER
M/P COUNTRYWIDE
Such entry is a false clerk’s entry, for reasons including, but not limited to:
i. The entry failed to list an honest, valid, and effectual party name, which purportedly was
“Countrywide Home Loans, Inc”.
ii. The entry failed to list an honest, valid, and effectual party designation for Countrywide,
naming it instead “Moving Party”.
iii. The entry failed to list Countrywide’s Counsel’s name – first false appearance by Bryan
Cave, LLP, Counsel who was not counsel of record under the caption at hand.
iv. The court eliminated the record that was the Countrywide application for Protective Order
from the court file, in disregard of court rules and Due Process. However, Defendant’s
Zernik’s copy is posted online.
b) Second from top entry in the page:
07/06/07 ,Journal Entry

$40.00 Other Pmnt
Such entry is a false clerk’s entry, and is alleged as financial fraud – false use of “Journal Entry”,
where in true court cases the payment is listed as “Motion Fees”.
c) Third from top entry in the page: [underlines added –jz]
07/06/07 Event
Exparte proceeding
Jacqueline A. Connor
Preface 3/13
Page 4/13 April 10, 2010
9:00 am
NON-PARTY, COUNTRYWIDE HOME LOANS, INC, 'S EXPARTE
APPLICATION FOR PROTECTIVCE ORDER:
The matter is called for hearing.
The Court has read and considered the exparte
application in chambers. Non,-party Countrywide Home
Loans, inc.'s exparte application for a Protective
Order is Denied. Moving party to proceed by a Notice
Motion on July 23, 2007 at 8:30 am in Department WE-I.
Any opposition is to be filed in Department We-I, and
served by July 12, 2007. Any reply is to be filed in
Department WE-I, and served by July 7/16/07.
Notice is deemed waived.
FOR PROTECTIVE ORDER - Denied.
Moving party to proceed by Notice
Motion on 7/23/07 at 8:30 am in
Dept WE-I. Opposition by 7/12/07
and Reply by 7/16/07.
Proceedings not recorded.
Such entry is a false clerk’s entry on numerous accounts, including, but not limited to the
following:
i. The notations in the Register of Actions, which was purported to be the minutes, were
never verified by the clerk, were never authenticated, were never served, and therefore,
could not possibly be deemed a valid court record.
ii. “Exparte proceeding” – in not a legitimate, valid Event in Sustain’s dictionary. Therefore,
it was not a valid registry of an action in the case management system.
iii. “Countrywide Home Loan, Inc” is listed under a fraudulent party designation “Non
Party”.
iv. “Moving party to proceed by a Notice Motion on July 23, 2007… Any opposition is to be
filed …and served by July 12, 2007” – such minutes failed to state a date for filing the
notice and motion. Countrywide, through false conduct by Bryan Cave, LLP, false
Counsel, who was not counsel of record, failed to serve the notice and motion prior to July
12, 2007.
v. “Notice is deemed waived” – even after protests, the court in this case denied Defendant
the Due Process right for notice of service of court minutes, rulings, orders, judgments.
vi. “Proceedings not recorded” – such notation reflected the fact that the proceedings were
“off the calendar” and “off the record” proceedings, a fact that was concealed from
Defendant.
Notice:
Even such false and deliberately misleading court records stated that the July 6, 2007
Countrywide’s application for “Protective Order” was Denied. The fabrication of existence of a
“Restraining/Protective Order” was central to the alleged racketeering by Countrywide/Bank
of America/ Bryan Cave, LLP, since July 2007 and to this date.
Preface 4/13
Page 5/13 April 10, 2010
3) Page 59-60: July 9, 2007 - False and deliberately misleading record of a “telephonically held”
hearing for “Reconsideration”, which never took place in reality, and which was simultaneously
“Denied” and “Granted”. [underlines added – jz]
07/09/07 Event
Motion for Reconsideration
Judge A. Connor
8:30 am
DEFENDANT'S (JOSEPH ZERNICK) MOTION FOR
RECONSIDERATION;
…
The motion for reconsideration and extension of time
to pay sanctions is DENIED.
Counsel for plaintiff is to give notice of this
ruling.
07/09/07 Event Complete

Motion Granted
Such false records, which like other records, were never noticed to Dr Zernik, recorded proceedings,
which never took place in reality:
a) The notations in the Register of Actions, which was purported to be the minutes, were never
verified by the clerk, were never authenticated, were never served, and therefore, could not
possibly be deemed a valid court record.
b) No moving papers by Defendant Dr Zernik exist in the court file for such purported hearing.
c) Dr Zernik never spoke on the phone in his life with Judge Connor.
d) The record shows that Dr Zernik never had arrangement with the courts party line, which could
have enabled such phone call to take place on July 9, 2007.
e) Records in Dr Zernik’s possession show that the court reporter, which was listed as taking the
transcript of the purported proceedings denied that she had any such proceedings on her records
from July 9, 2007.
f) Counsel for Plaintiff never gave notice of such ruling.
4) Page 62: July 11, 2007 - Countrywide False Notice Motion for “Protective Order”
Motion for an Order
Preface 5/13
Page 6/13 April 10, 2010

M/P - COUNTRYWIDE
Such entry is deemed false and deliberately misleading for reasons listed in (2) (a) above.
Furthermore, such filing was listed at the court on July 11, 2007, while Defendant was purported to
provide opposition by July 12, 2007 on such “Notice Motion”. In fact, Defendant was never served the
Motion prior to July 12, 2007.
5) Page 62-69: July 12, 2007 - Failure to list Disqualification for a Cause. False listing of Motion to
Compel. [underlines added –jz]
On July 12, 2007, at the opening of the proceedings, at the first practicable opportunity, Dr Zernik filed in
open court affidavit for Disqualification for a Cause of Judge Jacqueline Connor – based on her conduct
since July 6, 2007 in relationship to appearances by Countrywide Financial Corporation.
Judge Connor created false records for the disqualification for a cause. She buried the mention of such
action in the middle of a particularly lengthy minutes on an unrelated matter. As in practically all cases,
Such notation in the Register of Actions, which was purported to be the minutes, were never verified by
the clerk, were never authenticated, were never served, and therefore, could not possibly be deemed a
valid court record.
Moreover, as she stated herself – the affidavit was for Disqualification for a Cause – section 170.3.
However, as she stated in the minutes, she falsely announced in open court that it was an affidavit for
Preemptory Challenge per section 170.6, then proceeded and “Denied” it as untimely.
Such records are false and deliberately misleading on numerous accounts.
07/12/07 Event
Motion to Compel MEMO
8:30 am
PLAINTIFF (NIVIE S~) MOTION TO COMEPL DEPOSITION;
…
Defendant files an affidavit pursuant to Code of
Civil Procedures Section 170.3 in open Court.
OFF THE RECORD IN CHAMBERS:
The Court reads and considers the affidavit filed
this date.
ON THE RECORD:
The Court finds the affidavit pursuant to 170.3 of
the Code of Civil Procedures filed ·this date, is
incorrect and announces it will be ruled upon as an
Affidavit pursuant to 170.6 of the Code of Civil
Procedures and is DENIED as untimely.
Preface 6/13
Page 7/13 April 10, 2010
Pursuant to California Code, Judge Connor lost any jurisdiction that she might have possibly had in the
matter, when she refused to answer on Disqualification for a Cause, and instead proceeded with business
as usual.
On July 23, 2007, later than 10 days permitted by law, Judge Connor proceeded to create false records,
backdated to July 12, 2007, purporting to be an answer on the Disqualification for a cause. However,
given her record from July 12, 2007, quoted above, and the Reporters Transcript from that date, it is
obvious that she never answered on the Disqualification for a Cause on July 12, 2007, but instead
proceeded as if it never happened.
6) Page 72-74: July 23, 2007 – Second “off the record” appearance by Countrywide for a “Protective
Order” [underlines added –jz]
On July 23, 2007 Bryan Cave, LLP, again falsely appeared in court on behalf of “Non Party” Countrywide. On
July 23, 2007 Judge Connor again created false and deliberately misleading records. Given the central place of
the fraud on the Protective Order, the record was copied in its entirety.
a) She failed to list the proceeding in the register of actions as an independent action, which required
adjudication. Instead, she listed it as part of and unrelated Motion to Expunge Lis Pendens.
b) The notations in the Register of Actions, which were purported to be the minutes, were never
verified by the clerk, were never authenticated, were never served, and therefore, could not
possibly be deemed a valid court record.
c) Similar to her practice regarding the July 12, 2007 Disqualification for a Cause, she again buried
her invalid discussion of the Countrywide appearance in the middle of a lengthy discussion of
unrelated matter. Here – in two separate segments.
d) “All parties acknowledge receipt of the Court's tentative ruling and submit on the tentative ruling.”
The opening statement was false and deliberately misleading. Dr Zernik never received the
tentative ruling, and never submitted on it. Court reporter’s Transcript also provides evidence that
such statement was false and deliberately misleading.
e) In the “Event Complete”, which is the formal adjudication in the Register of Actions, she simply
never entered any adjudication at all.
f) The minutes, which were never served, and never authenticated by a clerk, and therefore, were
invalid, stated in pertinent part:
The motion of non-party Countrywide Home Loans for a

protective order is GRANTED. Defendant Joseph
Zernik is directed to communicate solely with
Countrywide's designated counsel, Todd A. Boock, and
no other officers or employees regarding the recent
action. The proposed order is signed and effective
as of this date. Counsel for Countrywide is ordered
to give notice of this ruling.
g) No written order was ever issued, signed, entered, or served, as falsely stated in the invalid
minutes.
h) Dr Zernik was again denied the Due Process right of Notice and Service, and also denied access to
the court file – to inspect and to copy.
i) Instead, Bryan Cave, LLP later sent a notice to Dr Zernik, which purported that the order was a
verbal order in open court.
j) Judge Connor also inserted in these invalid, never served, never authenticated minutes, a false
statement regarding John Amberg – Counsel of Record – with no statement of the case caption it
Preface 7/13
Page 8/13 April 10, 2010
referred to. In contrast, to this date, both Bank of America Corporation and Bryan Cave, LLP,
refuse to answer on the question whether Bryan Cave, LLP was Counsel of Record for
Countrywide Home Loans, Inc, and/or Bank of America Corporation, and the date of such
engagement. Moreover, statement to the contrary were made by office of the General Counsel of
Bank of America – Timothy Mayopoulos.
07/23/07 Event
Motion - Expunge Lis Pendens MEMO
B:30 am
DEFENDANT (JOSEPH ZERNIK) MOTION TO EXPUNGE LIS
PENDENS;
MOVING PARTY (COUNTRYWIDE) MOTION FOR PROTECTIVE
ORDER;
Matter is called for hearing.
All parties acknowledge receipt of the Court's
tentative ruling and submit on the tentative ruling.
The motion. of defendant Joseph Zernik to expunge lis
pendens is DENIED. Defendant has failed to
establish that the Court's previous ruling on
November 9, 2006 was based on fraudulent or false
evidence presented by plaintiff. Defendant has also
failed to show that the lis pendens was not properly
served. Counsel for plaintiff is ordered to give
notice of this ruling.
protective order is GRANTED. Defendant Joseph
Zernik is directed to communicate solely with
no other officers or employees regarding the recent
action. The proposed order is signed and effective
as of this date. Counsel for Countrywide is ordered
In this case, defendant moves to expunge the :].is
pendens arguing that plaintiff cannot establish the
probable validity of her claims. ZEPBIK asserts
that plaintiff failed to timely remove the appraisal
contingency which gave him the right to cancel the
escrow. He further argues that plaintiff's
opposition to the prior motion to expunge was based
on fraudulent arguments and documents. However, the
declarations and evidence provided by plaintiff
continue to raise a question as to whether ZEI\NIK
had submitted a fully executed copy of the Purchase
Agreement to Mara Escrow as of October 22, 20d4.
The documents submitted by defendant simply do not
establish that plaintiff has engaged in any fraud or
failed to properly serve the lis pendens on him.
Again, there are too many factual issues that cannot
be decided here, including whether SAMAAN was
ready, willing and able to proceed with the
purchase of the property. Therefore, the motion to
expunge lis pendens is DENIED.
COUNTRYWIDE seeks a narrowly tailored protective
order requiring that ZERNIK direct all future
communications to COUNTRYWIDE’S designated counsel
and. precluding him from directly phoning, e-mailing
or otherwise contacting its represented officers and
employees. First, the motion is properly supported
by the declarations of in-house counsel Todd A.
Preface 8/13
Page 9/13 April 10, 2010
Boock and attorney of record John W. Amberg, which

set forth first-hand experiences with and actions
taken in response to ZERNIK's conduct towards
COUNTRYWIDE. Second, the Court finds that
COUNTRYWIDE has shown "good cause" for the
protective order sought. ZERNIK has failed to
establish the validity of his communications with
Countrywide's officers and employees. If
Countrywide has failed to comply with a discovery
obligation, ZERNIK's recourse is to file a discovery
motion with the Court. Any assertion that
COUNTRYWIDE is somehow involved in wrongdoing is not
supported by anything other than hearsay and
conjecture. Moreover, since ZERNIK is representing
himself in this action, his assertion that
COUNTRYWIDE is improperly applying attorney
standards to him is not well taken. A litigant
appearing in propria persona is generally held to
the same restrictive rules and procedures as an
attorney. the rules of civil procedure must apply
equally to parties represented by counsel and those
~m forgo attorney representation; such a party is
to be treated like any other party and is entitled
to the same, but no greater consideration than other
litigants and attorneys. (Rappleyea v. Campbell
(1994) 8 Cal.4th 975, 984-985; see Barton v. New
United Motor Mfg. (1996) 43 Cal.App.4th 1200, 1210.)
COUNTRYWIDE has a right to be protected from
unwarranted annoyance, embarrassment or oppression.
Since the protective order sought simply directs
ZERNIK to communicate with COUNTRYWIDE's designated
counsel, there is nothing to show any infringement
on ZERNIK's free speech or other rights.
Defendant requests for ruling
Objections.
on Evidentry
The Court declines to rule on the Evidentry
Objections. The Court finds the Evidentry
Objections are not properly filed pursuant to Rules
of Court 3.13.54.
Counsel for Plaintiff is ordered to 9ive notice.
2) M/P COUNTRYWIDE/MOTION
PROTECTIVE ORDER

Motion – Expunge Lis Pendens
Motion Denied
2) M/P COUNTRYWIDE/MOTION
PROTECTIVE ORDER
Preface 9/13
Page 10/13 April 10, 2010
7) Page 106-111 – September 10, 2007 – a) False record of Disqualification for a Cause, and b) False
minutes of proceedings that never took place in reality, c) False ruling that there was no fraud in
Countrywide records.
On September 10, 2007 Defendant Dr Zernik again served Judge Jacqueline Connor affidavit of
disqualification in open court, at the very onset of the proceedings on that day. This time, Judge Connor
took off for over an hour, and when she returned to court she made an outraged statement denying the
claims in the affidavit, but recused nevertheless.
Regardless, she proceeded to insert in court file the next day a paper, purported to be minutes of
proceedings that never took place in reality, as clearly documented in the Court Reporter’s transcript.
Moreover, there is no way to read such paper as a logical, honest, valid and effectual statement, since it
did not make sense at all regarding the time frame of the fabricated proceeding versus the
disqualifications.
The notations in the Register of Actions, which were purported to be the minutes, were never verified by
the clerk, were never authenticated, were never served, and therefore, could not possibly be deemed a
valid court record.

Miscellaneous-Other MEMO
Defendant, & Defendant in Pro Per
filing for the purpose of
immediate disqualification of the
honorable judge Connor pursuant: to
170.3
The entry on September 10, 2007, copied above, for the filing of the paper, which was the affidavit for
Disqualification for a Cause was falsely listed as “Miscellaneous-Other MEMO”
The notes in the Register of Actions, which were purported to be minutes of the court for September 10,
2007, were copied in full below. The claim is that there is no way that a reasonable person would read
such minutes and find them honest conduct by Judge Jacqueline Connor.
09/10/07 Event
Recusal MEMO
8:30 am
DEFENDANT (~JOSEPH ZERNIK) MOTION FOR SANCTIONS;
Matter is called for hearing. Both parties
acknowledge receipt of the Court's tentative ruling
as follows:
The motion of defendant Joseph Zernik for sanctions
pursuant to Code of Civil Procedures §128. 7 is .
DENIED. Plaintiff is ordered to give notice.
A party seeking sanctions under CCP §128.7 must
follow a two-step procedure. First, the moving party
must serve on the offending party a motion for
sanctions. Service of the motion on the offending
party be9ins a 30-day safe harbor period during
which the sanctions motion may not be filed with the
Preface 10/13
Page 11/13 April 10, 2010
court. During the safe harbor period, the offending

party may withdraw the improper pleading and thereby
avoid sanctions. If the pleadin9 is withdrawn, the
motion for sanctions may not be filed with the
court. If the pleading is not withdrawn during the
safe harbor period, the motion for sanctions may
then be filed.
The purpose of the safe harbor provisions is to
permit an offending party to avoid sanctions by
withdrawing the improper pleading during the safe
harbor period. In order to effectuate the safe
harbor provisions, a party may not bring a motion
for sanctions unless there is some action the
offending party may take to withdraw the improper
pleading. A sanctions motion may not be brought
after the conclusion of the case or a dispositive~
ruling on the improper pleading. By definition, he
safe harbor provision cannot have any effect if the
court has already rendered its judgment in the case;
it is too late for the offending party to withdraw
the challenged pleading. (Malovec v. Hamrell (19~9)
70 Cal.App.4th 434, 440-441.)
SAl.\1AAN first argues that this motion must be denied
because the Court granted her summary judgment: I
motion. However, the correct principle to be
distilled from Malovec is that an order sustaining a
demurrer without leave to amend or granting summary
judgment does not bar a motion for §128.7 sanctions
unless the order is reduced to a judgment before the
sanctions motion is served and filed. (Banks v,
Hathaway, Perrett, Webster, Powers & Chrisman P(02)
97 Cal.App.4th 949, 953.) Since this motion was
served in April 2007 and filed on August 9, 2007, it
is not precluded under the principles of Malovec
SAMAAN next argues that the motion ZERNIK served in
April 2007 is not the same as the motion filed i*
August 2007 and, therefore, the safe harbor pe+i~d
runs from the filing date of the new and different
motion. (Hart v. Avetoom (2002) 95 Cal.App.4th 4~O,
413.) However, SAMAAN has failed to attach the
motion that was served in April 2007 or provide
independent evidence to establish how the motions
are different. Page 32 of ZERNIK's motion was signed
on April 20, 2007 and again on August 9, 2007. There
is nothing to show that the pagination of the motion
is awry or that anything was added or changed.
However, this motion does fail for two reasons: (1)
it was served five months after the alleged
offending documents were submitted to the Court ~n
conjunction with defendant's motion to expunge lis
pendens heard and denied on November 9, 2006; and
(2) there is absolutely nothing to show that the!
documents submitted by plaintiff were false,
improper, fraudulent or lacking in evidentiary
support. Permitting a motion for sanctions to be
brought following judicial disposition of the ~
improper pleading would undermine the purpose of he
safe harbor provision. (Cromwell v. Cummings (1998)
65 Cal.App.4th Supp. 10, 14.) Second, this Court I
already considered and rejected the substantive
arguments made by ZERNIK, which were repeated in 'his
opposition to plaintiff's summary judgment motion.
Preface 11/13
Page 12/13 April 10, 2010
There is simply nothing to show that SAMAAN or her

counsel of record, Moe Keshavarzi, engaged in
sanctionable conduct.
The motion for §128.7 sanctions is DENIED. j
The Court orders the Defendant's Motion pursuant to
Code of civil Procedures Section 128.7 Stayed \.1-n il
further ruling by the newly assigned Court. I
The Court announces Defendant/Cross--Complainant Joseph
Zernik, has filed a 170.3 request to disqualify the
Court this date. The Court despite the allegations
made in Mr Zernik’s declaration, without conceding
the disqualification statement, the Court believes
I
that in the interest of justice, the Court should
recuse Itself on Its own Motion Pursuant to Code of
Civil Procedures Section 170.3(c)2.
Pursuant to the Order of the Presiding Judge,
Honorable Gerald Rosenberg., the case is ordered
reassigned to the West Los Angeles Superior Court,
Department WE"H", Honorable Allan J. Goodman,
Judge presiding for all purposes.
Any and all future dates set in Department WE"I" are
advanced to this date and ordered placed off
calendar.
Counsel for Plaintiff is ordered to give notice.
OFF THE RECORD:
Status Conference is set for October 10, 2007 at
8:30 a.m. in Department WE"H" at the West Los
Angeles Courthouse (Pursuant to the clerk in
Department WE"H")
of the
CLERK'S CERTIFICATE OF MAILING/

NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of the
above-entitled court, do hereby certify that I a~ not
a party to the cause herein, and that this date I
served Notice of Entry of the above minute order of
9-10-07 upon each party or counsel named below by
depositing in the United States mail at the courthouse
in SANTA MONICA, California, one copy of the I
original entered herein in a separate sealed envelope
for each, addressed as shown below with the postage
thereon fully prepaid.
MOE KESHAVARZI
333 SOUTH HOPE STREET, 48TH FLOOR
LOS ANGELES, CALIFORNIA 90071-1448
Date: SEPTEMBER 10, 2007
John A. Clarke, Executive Officer/Clerk
By:
v. JAIME
MOTION FOR SANCTIONS
The notes above in the Register of Actions, which were purported to be the minutes, were never verified by
the clerk, were never authenticated, were never adequately served on all parties. Therefore, such notes could
not possibly be deemed a valid court record. Moreover, in this particular case, the Clerk Deputy recorded a
blatantly invalid service list – to Plaintiff Counsel only.
Preface 12/13
Page 13/13 April 10, 2010
The fact that Judge Jacqueline Connor inserted such false and blatantly fraudulent records into the court file
on September 10, 2010, was seen as reflecting the following realities:
a. Judge Connor was fully committed to perverting justice in Samaan v Zernik (SC087400) on
behalf of Countrywide Financial Corporation.
b. Judge Connor was fully confident that she would never be prosecuted for her alleged racketeering
conduct from the bench.
c. Judge Connor was fully confident that none of her conduct, founded in alleged criminality would
ever be overturned by either her peers at the Superior Court, or any other court in the United
States, in disregard of California Code regarding disqualifications for a cause.

Recusal
Motion Granted
The formal adjudication as noted in the Register of Actions clearly documented that neither the
Disqualification for a Cause, nor the Motion for Sanctions were ever entered in a valid manner in the Register
of Actions:
a. Disqualification for a Cause is not a Motion, and “Granted” is not a valid adjudication on such
action.
b. Motion for Sanctions was listed with no adjudication at all.
Dated: April 10, 2010

La Verne, County of Los Angeles, California Joseph H Zernik, PhD
By: ______________
JOSEPH H ZERNIK
PO Box 526, La Verne, CA 91750
Phone: 323.515.4583
Fax: 323.488.9697
Email <jz12345@earthlink.net>
Blog: http://inproperinla.blogspot.com/
Scribd: http://www.scribd.com/Human_Rights_Alert
Preface 13/13
Declaration of Joseph H Zernik
in re:
Samaan v Zernik (SC087400) –
Register of Actions Record, dated January 7, 2010
I, JOSEPH ZERNIK, hereby declare as follows:

This declaration was written as a memorandum of my January 7, 2010 visit to the Superior Court of
California, County of Los Angeles, West District, Santa Monica Courthouse. I have personal knowledge
of the facts set forth herein, which I know to be true and correct, except as to those matters therein stated
as based upon information and belief, and as to those matters, I believe them to be true and correct as
well. If called as a witness, I could and would competently testify with respect thereto.
1. On January 7, 2009 in the afternoon I appeared in the public department of the Clerk’s Office in
the Santa Monica Courthouse.
2. The Deputy Clerk who assisted me was Bryan. We knew each other for some two years, from
my previous attempts to gain access to my court file.
3. My request to access to paper court file was denied. I was told that the court file would be under
submission until January 19, 2010.
4. In response to my request for a copy of the Register of Actions of Samaan v Zernik (SC087400)
I received the enclosed 275 page record titled: Case History Report.
5. My request to certify the record, which I received in response to my request for the Register of
Actions was denied. Bryan stated that the Deputy Clerks were instructed not to certify any of the
Registers of Actions.
6. I also requested printouts from Sustain of all minute orders from January 1, 2008 to that date –
January 7, 2010. In response I received printouts enclosed with a separate declaration.
7. Attached to this declaration is:
Exhibit 1: January 7, 2010 Case History Report, a 275 page record, dated and timed in footers
“01/07/10 14:59:05” - the true and correct record, which I received in response to my request for
the Register of Actions in Samaan v Zernik (SC087400).
I declare under penalty of perjury under the laws of the State of California and the United States that the
foregoing is true and correct.
Executed this 9th day in January, 2010, in Los Angeles county, California.
Joseph H Zernik
By_________________
JOSEPH H ZERNIK
PO Box 526, La Verne, California 91750
Tel: (323) 515-4583
Fax:(801) 998-0917
Email: jz12345@earthlink.net
Page 2/2 January 9, 2010
EXHIBIT 1
,/
CAS E HIS TOR Y REP 0 R T
Santa Monica - West District

civil Division
Case Number: SC087400 NIVIE SN~~ VS. JOSEPH ZERNIK
Filing Type: New Filing # Children
Case Type Other Real Property Rights Case Filed 10/25/05
Judge Richard A. Stone Age 1535
Disp Type Disposed 00/00/00
Disp Manr
1 jl
SAMAAN, NIVIE I PASTERNAK, PASTERNAK & PATTON II
I II
I II
I II
I I
I
Plaintiff(s) I Defendant(s)
I V S
II Attorneys of Record: I ,~ttorneys of Record:
II I
II Sheppard, Mullin, Richter & Hampton I
II 333 South Hope Street, 48th Floor I I
II I I
II Los Angeles CA 90071-1448 I II
II 213 620 1780 I II
I' I
- JI
CAS E HIS TOR Y
Date Activity
10/25/05 Case Filed

New Filing MEMO
Other Real Property Rights Case
NIVIE SAMAAN 2 NSF chk iecd/retd
VS 1 $36.50 1 &97.50
JOSEPH ZERNIK
RECUSAL - JUDGES ALAN GOODMAN;
J.BIDERMAN; J.CONNOR; & ~.SEGAL
170.6-JUDGE R.NEIDORF;JUDGE L.COLE

$299.50
Other Pmnt

Complaint Filed
PAGE: 1 01/07/10 14:59:05

Santa MO~i~,?- - West District

c~v~l Division
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK

I'
CAS E HIS TOR Y
Date Activity
Notice of Pendency
Attorney for Plaintiff
Filed By Stein, Jay R. Former Attorney for Plain

On Behalf of SAMAAN, NIVIE Plaintiff

Affidavit of Prejudice - Premptory MEMO
AGAINST JUDGE NEIDORF

11/01/05 Event
Affidavit of Prejudice
Richard Neidorf
9:00 am
PEREMPTORY CHALLENGE PURSUANT TO SECTION 170.6 OF
THE CODE OF CIVIL PROCEDURES;
Counsel for plaintiff files a declaration in support

of peremptory challenge of Judg'e Richard :Neidorf
pursuant to Section 170.6 pf the Code of Civil
Procedures on November 1, ~005.
The Court finds that the challenqe is timely, and

accordingly, the case is transferred forthwith to
the Supervising Judge of the West District, the
Honorable Linda K. Lefkowitz, for reassignment.
All future hearing dates s~t in this action in

Department WEO are advancea to this date and
vacated.
Counsel for plaintiff is tb give notice to all

parties.
PAGE: 2 01/07/10 14:59:05


civil Division
Case Number: SC087400 NIVIE SAMA.!IJ\f VS. JOSEPH ZERNIK
CAS E HIS TOR Y
Date Activity
CLERK'S CERTIFIqATE OF MAILING/


above-entitled court, do hereby certify that I am not
11/1/05 upon each party or. counsel named below by
depositing in the United State,s mail at the courthouse
in Santa Monica , Calif,ornia, one copy of the
Date: November 1, 2005
By:
J. Citron
Jay Stein
1801 Century Park East, Suite 2400
Los Angeles, California 90067-2326

Transferred to Other Department

OSC-Failure to File Proof pf Servo MEMO
Advanced to this date & Vacated
AND INITIAL STATUS CONFERENCE
11/01/05 Event
Case Ordered Reassigned
Linda K. Lefkowitz
PAGE: 3 01/07/10 14:59:05

CAS E HIS TOR Y REPOR'l?
Santa Monica - West District:

ci viI Division
Ii II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK II
I' ==================!J
. CAS E HIS TOR Y
Date Activity
3:30 pm
170.6 CODE OF CIVIL PROCEDURE RE-ASSIGNMENT
Pursuant to the order of the Master Calendar for the

West District of the Los Angeles Superior Court, the
Hon. Linda Lefkowitz, Supervising Judge presiding, and
good cause appearing and on order of the Court,
the above matter is reassigned to Judge Jacqueline A.
Connor, Department WE I, Santa Monica courthouse
(from Judge Richard Neidorf) .
Counsel for all parties are ordered to indicate

on all future documents :to be filed with the
Court in this matter the name of the newly
assigned judicial officer in the caption below
the case number.
Counsel is ordered to serve notice of this

order by mail on all parities within five (S)
days of the receipt of this minute order.
The parties either personally or through counsel if

represented are ordered ~o appear on February 2, 2006,
at 8:30 a.m. in Department WE I, for status
conference.
CLERK'S CERTIF;CATE OF MAILING/

NOTICE OF ENTRY OF' ORDER

served Notice of Entry o~ the above minute order of
11-1-05 upon each party pr counsel named below by
in Santa Monica, California, one copy of the
PAGE: 4 01/07/10 14:59:05

CAS E HIS 'l' 0 lR. Y REP CJ R T
Civi2 Division
--,1
II Case Number': SC087400 NIVIE SAMPAN VS. JOSEPH ZERNIK II
II =======:====d
CAS E H I l3 TOR Y
Date Activity
By:
T. MCDONALD
JAY R. STEIN
1801 Century Park East
suite 2400
Los Angeles, Ca. 90067-2326

Case reassigned per 170 CCP

Notice of Status Conference MEMO
Clerk
OSC AND ISC HEARING ON 2/2/06
AT 8:30 A.M.
JUDGE CONNOR REQUESTS A CMC 110
STATEMENT.
PLEASE NO STATUS CONFERENCE
QUESTIONNAIRES
Document Filed
11/28/05
Defendant's Demurrer
Attorney for Defendant
On Behalf of ZERNIK, JOSEPH Defendant
Filed By SULLIVAN, WORKMAN & DEE, LLP Former Attorney for Defen
11/28/05 Journal En try

First Paper, Civil Adverse
MEMO
$332.50
Other Pmnt
DEMURRER TO COMPLAINT FILED
PAGE: 5 01/07/10 14:59:05

Civil DiV".ision
II
II Case Number: SC087400 NIVIE S~~ VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date Activity

Paid By SULLIVAN, WORKMAN & DEE, LLP Former Attorney for Defen
11/29/05 Scheduled Event

Demurrer MEMO
01/30/06 at 8:35 am
2. OSC RE PROOF OF SERVICE

3. INITIAL STATUS CONFERENCE

Status Conference MEMO
Advanced to this date & contin ed
2. OSC REi PROOF OF SERVICE
CONT. TO DEMURRER DATE OF
JAN. 30, 2006

NOTICE OF CONTINUANCE
MEMO
ISC AND OSC HEARING ARE ADVANCED
TO THE DEMURRER DATE OF
1/30/06


Opposition Points & Authorities MEMO
IN OPPOSITON TO DEMURRER TO
COMPLAINT
PAGE: 6 01/07/10 14:59:05

CAS E HIS TOR y. REP 0 R T
Santa Monici!!- - West District

ci vil Di v.ision
Ii
II Case Number: SC087400 NIVIE SAM1\.llli VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date Activity


Response MEMO
REPLY BRIEF IN SUPPORT OF DEMIffiRER

TO COMPLAINT
On Behalf of ZERNIK, JOSEPH

Defendant
Filed By SULLIVAN, WORKMAN & DEE,
LLP Former Attorney for Defen

Statement-Case Management

Statement-Case Managemen~
Filed By SULLIVAN, WORKMAN & DE~, LLP Former Attorney for Defen

Proof of Service
Party Served ZERNIK, JOSEPH Defendant

Summons Filed
Filed By Stein, Jay R.

Former Attorney for Plain
On Behalf of SAMAAN, NIVIE
Plaintiff
01/30/06 Event
Demurrer MEMO
PAGE: 7 01/07/10 14:59:05

CAS E HIS TOR Y REP aRT
Santa Monica - WeBt District

civil DivjBion
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E HIS TOR Y
Date Activity
8: 30 am
DEFENDANT (JOSEPH ZERNIK) DEMm~RER TO COMPLAINT;
INITIAL STATUS CONFERENCE;
ORDER TO SHOW CAUSE FOR FAILURE TO FILE PROOF OF

SERVICE;
Matters are called for hearing.
Counsel represents to the Court that they have

received the Court's tentative and submit on the
ruling.
Accordingly, the Court's tentative ruling becomes

the final order of the Court as follows:
Defendant Joseph Zernik'is demurrer to complaint is

OVERRULED. The Court finds that Plaintiff's
complaint is not barred by the s·tatute of frauds as
Plaintiff expressly alleges that the agreement
sought to be enforced was written. See Complaint at
Paragraph 20.
The Court also finds tha,t the equal dignities rule

is not applicable here. A demurrer can be used only
to challenge defects that appear on the face of the
pleading under attack, o~ from matters outside the
pleading that are judicially noticeable. Blank v.
Kirwan (1985) 39 Cal.3d 311, 318. Defendant has not
asked the Court to take ~otice of any judicially
noticeable fact. A revi.ew of t.he complaint reveals
that the alleged defect does not appear on its face.
Defendants cite to no legal authority, and the Court
is aware of none, that supports. ·the proposition that
Plaintiff must address and plec.d around the equal
dignities rule in drafting her complaint.
Finally, the Court finds that the complaint is not

so uncertain as to give cause for dismissal. A
PAGE: 8 01/07/10 14:59:05

Civii Di"vision
II
" Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
I'
CAS E HIS TOR Y
Date Activity
demurrer for uncertainty will be sust.ained only

where the complaint is so poor:_y drafted that the
defendant cannot reasonably reBpond. Thus,
demurrers for uncertainty will be overruled where
the facts alleged in the complaint are presumptively
within the knowledge of the demurring pa:rty or
ascertainable by invoking discovery procedures.
Khoury v. Maly's of Calif., Inc. (1993) 14
Cal.App.4th 612, 616. HeIie, the wrongful acts
complained of are not so vague such that Defendant
cannot reasonably respond, especially in light of
the fact that Defendant is an alleged party to the
contract sought to be enforced and presumably has
knowledge of the facts giving rise to the instant
dispute. Accordingly, the demurrer is overruled.
Order to Show Cause and Initial Status Conference

are held and discharged.
Counsel represents to the Court that a Cross

Complaint will be filed ,this week.
Case Management Conferen.ce is set for April 6, 2006

at 8:30 a.m. in Department WE"I".
Notice is waived.
2) OSc/ RE: pas

3) INITIAL STATUS CONFERENCE

Demurrer MEMO
Motion Granted
2) OSC/ RE: pas

3) INITIAL STATUS CONFERENCE
PAGE: 9 01/07/10 14:59:05

Santa Monic~ - West District
Ci vii Division
II
I' 'I
CAS E HIS TOR Y
Date Activity

Conference-Case Management
04/06/06 at 8:30 am
Document Filed
01/30/06
Notice

02/02/06 Event
OSC-Failure to File Proof of Servo MEMO
Richard Neidorf
8: 30 am
AND INITIAL STATUS CONF~RENCE
02/02/06 Event
Status Conference
MEMO
8:30 am
2. OSC RE; PROOF OF SERVICE
CONT. TO DEMURRER DATE OF
JAN. 3 0, 2006
Document Filed
02/06/06
General Denial

Filed By SULLIVAN, WORKMAN & DEE, LLP Former Attorney :Eor Defen

Summons Filed
PAGE: 10 01/07/10 14:59:05

CAS E HIS TOR X REP () R T
Civi2 Division
II
II
CAS E HIS TOR Y
Date Activity

Party Served Coldwell Banker Residential Brokerage Defendant
Party Served Libow, Michael Defendant

Cross-CampI fld - Summons Issued MEMO
joseph zernik
vs.
Coldwell Banker Residenbal
Brokerage; Michael Libow
and does 1 to 20 inclus~ve

Filed By SULLIVAN, WORKMAN & D~E, LLP Former Attorney for Defen
Against Coldwell Banker Residential Brokerage Defendant
Against Libow, Michael Defendant

Proof of Service MEMO
SUMMONS ON CROSS-COMPLAINT

Party Served Coldwell Banker Residential Brokerage Defendant

SUMMONS ON CROSS-COMPLAINT

Party Served Libow, Michael Defendant
PAGE: 11 01/07/10 14:59:05

CAS E REP 0 R T
Santa Monicp - West District

civil Divi.sion
11
II
Case Number: SC087400 NIVIE SAMI\AN VS. JOS-C:PH ZERNIK II
L!::II=======================__ :================11
CAS E HIS TOR Y
Date A~tivity

Answer to Cross-Complaint MEMO
Attorney for Cross-Defendant
ANSWER TO XC OF JOSEPH ZERNIK
On Behalf of Coldwell Banker Residential Brokerage Defendant

On Behalf of Libow, Michael Defendant
Filed By LAW DEPT. COLDWELL BANKER RES. BROKERAG Attorney for Cross-Defend
Journal Entry
03/15/06
Received - Fee, Adverse party
$640.00
Other Pmnt
On Behalf of Coldwell Banker Residential Broke:iCage Defendant

Paid By LAW DEPT. COLDWELL BANKER RES. BROKERAG Attorney for Cross-Defend
Document Filed
03/22/06
Document Filed
03/27/06
Stein, Jay R.
Former Attorney for plain
Filed By
04/06/06 Event
8:30 am
CASE MANAGEMENT CONFERENCE;
Case Management Conference is he d.
Counsel represents to the Court that mediation has
01/07/10 14:59:05
PAGE: 12
CAS E HIS T 0 :R Y REP 0 R T
CiiVil Division
It
II Case Number: SC087400 NlVIE S~~AN VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date Activity
been completed prior to filing the complaint.
Further Status Conference is set for June 13, 2006 at
8:30 a.m. in Department WE"l".
Counsel are directed to file a joint status memo prior
to the above hearing date.
Counsel for plaintiff is ordered to give notice.

Status Conference Held

Further Status Conference
06/13/06 at 8:32 am
Document Filed
04/11/06
Notice of Ruling
On Behalf of SAMAAN, NlVlE Plaintiff
Document Filed
OS/25/06
On Behalf of SAMAAN, NlVlE Plaintiff
06/13/06 Event
8:32 am
FURTHER STATUS CONFERENC~i
Further Status Conferenc~ is held.
Counsel represents to the Court t:hat Mediation has
01/07/10 14:59:05
PAGE: 13
Ci vi;L Division
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK IIII
j!
CAS E HIS TOR Y
Date Activity
been completed no settlement reached and depositions
are set for July.
The Case is referred to the E.N.E. program.
Further Status Conference and Trial Setting
Conference are set for September 11, 2006 at 8:30
a.m. in Department WE~I~.
Counsel for plaintiff is ordered to give notice.


Further Status Conference MEMO
09/19/06 at 8:32 am
RE: ENE PROGRAM
2) TRIAL SETTING CONFERENCE
MEDIATION TO BE COMPLETED BY
9/8/06

Notice of Ruling
Stein, Jay R.
Former Attorney :Eor Plain
Filed By

Stipulation-Participate-ADR
MEMO
STIP TO PARTICIPATE IN EARLY
NEUTRAL EVALUATION PROGRAM
01/07/10 14:59:05
PAGE: 14
CAS E HIS TOR Y REPOR'r
Santa Monic;;i - West District

c/vil D:lviBion
II
II
CAS E HIS TOR Y
Date ll.ctivi ty

Stipulation-Participate-ADR MEMO
NEUTRAL EVALUATION PROGRAM

Stipulation-Participate-;ADR MEMO

NEUTRAL EVALUATION PROGRAM'
06/26/06 Status Effective

Sent-ENE-Over $1 million MEMO
DRPA INFO STMT GIVEN 12/25/05

CONFIDENTIAL STMT MAILED 06/26/06

Notice-Assign-Evaluator
ADR Clerk

Statement-Case Managemen~
SULLIVAN, WORKMAN & DEE, LLP Former Attorney for Defen
Filed By

NOTICE OF CONTINUANCE MEMO
Clerk
FSC / TSC FROM 9/11/06 TO 9/19/06
COURT DARK
15 01/07/10 14:59:05
PAGE:
Santa Monaca - West District

civil Division
"'n=======================:====================:::::;
!! 11
1l!:1======================= ~I
CAS E HIS TOR Y
Date Activity

Atty for Defendant and Cross-Compl
Old date 9-11-06
new date 9-19-06
09/08/06 Status Terminated

Sent-ENE-Over $1 million MEMO
DRPA INFO STMT GIVEN 12/25/05

CONFIDENTIAL STMT MAILED 06/26/06
09/19/06 Event
Further Status Conferenc~
MEMO
8:32 am
FURTHER STATUS CONFERENCEi
TRIAL SETTING CONFERENCE,i
Further Status Conference and Trial Set tin9

Conference are held and continued to October 31,
2006 at 8:30 a.m. in Department t~EII".
Counsel represent to the Court that ENE has not been

completed as the evalutor did not schedule a date
also, a Motion to Expunge will be filed.
The Court reserves October 31, 2006 for hearing on

Motion to Expunge. Counsel to file the Motion.
Robert sulkin, counsel f~r Defendant represents to the

Court that he will not b\= available on October 31,
2006. The Court will allow the hearing to be held
01/07/10 14:59:05
PAGE: 16
CAS E HIS or 0 R Y REP 0 R T
Civil Division

II
CAS E HIS TOR Y
Date l\ctivi ty
without the presence of Mr. Sulkin.
Notice is waived.
RE: ENE PROGRAM
9/8/06

Continued
RE: ENE PROGRAM
9/8/06

MEMO
11/09/06 at 8:35 am
2.) TRIAL SETTING CONFERENCE
3.) MTN TO EXPUNGE

Substitution of Attorney
Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff
Filed By

Motion for an Order
MEMO
TO EXPUNGE LIS PENDENS
01/07/10 14:59:05
PAGE: 17

CilfiJ Division
II
II Case Number: SC087400 NIVIE S~~ VS. JOSEPH ZERNIK II
II 'I
CAS E H I S TOR Y
Date l'...ctivity


MEMO
$40.00
Other Pmnt
MTN TO EXPUNGE

Filed By SULLIVAN, WORKMAN & DElE, LLP Former Attorney for Defen
Document Filed
10/13/06

Ex-Parte Application MEMO
UNOPPOSED - TO PRESENT
STIPULATION TO CONTINUE HEARING
DATE FOR DEFTS MOTION TO EXPUNGE
LIS PENDENS

Stipulation and Order MEMO
TO CONTINUE HEARING DATE FOR
DEFENDANTS' MOTION TO EXPUNGE LIS
PENDENS IS SIGNED BY: JA~QUELINE
A. CONNOR, JUDGE
01/07/10 14:59:05
PAGE: 18
CAS E Hlp TOR Y REP()R~r

civiJI. Division
Ii Ii
II Case Number; SC087400 NIV:tE SAMAAN VS. JOSEPH ZERNIK /I
II 'I
CAS E HIS TOR Y
Date Activity
10/17/06 Even t
Ex-Parte Application
8:30 am
PLAINTIFF'S (NIVIE SAMAAN) UNOPPOSED EX PARTE
APPLICATION TO PRESENT STIPULATION TO CONTINUE
HEARING DATE FOR DEFEND1\NT'S MOTION TO EXPUNGE
LIS PENDENS;
The Court reads and cons:iders the moving papers off

the record.
Plaintiff's ex parte app;I.ication is granted.
Stipulation and order is signeci. and filed this date.
Accordingly, Motion to Eixpunge/Further Status

Conference/Trial Setting Conference set for October
31. 2006 are advanced to this date and continued to
November 9, 2006 at 8; 30 a.m. in Department WE" I" .
Counsel for Plaintiff/Moving Pa.rty is ordered to

give notice.

Motion Granted
$40.00
Other Pmnt

Notice of Ruling
PAGE; 19 01/07/10 14:59:05

CAS E HIS 'il' 0 R Y REP () R T
Santa Mon~ca - West District
Civil Division
II Case Number: SC087400 NIV~E s~r VS. JOSEPH ZERNIK

I'
CAS E HIS TOR Y
Date Activity
Filed By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff

Opposition MEMO
TO MTN TO EXPUNGE
On Behalf of Coldwell Banker Resid~ntial Brokerage Defendant

10/31/06 Event
8:30 am
FURTHER STATUS CONFERENCE;
TRIAL SETTING CONFERENCE;
DEFENDANT (JOSEPH ZERNIKJ MOTION TO EXPUNGE LIS

PENDENS;
2.) TRIAL SETTING CONFERENCE
3.) MTN TO EXPUNGE

Response
MEMO
BRIEF AND DECL. IN SUPPORT OF MTN
TO EXPUNGE LIS PENDES

Filed By SULLIVAN, WORKMAN & DEE, LLP
Former Attorney for Defen
1.1/02/06 Document Filed
Objection Document Filed

MEMO
20 01/07/10 14:59:05
PAGE:
CAS E HIS TOR Y REP () R T
CiVil Division
II Case Number: SC087400 NIVIE SAMAAN VEl. JOSEPH ZERNIK

I'
CAS E HIS TOR Y
Date Activity
TO DECL. OF NIVIE SAMAAN


Objection Document Filed MEMO
TO DECL OF VICTOR PARKS .AND TO

EXHIBITS 23 AND 24


requesting leavae to file sur-repl

reply brief in opposition to defts
motion to expunge lis pendent
$40.00
Other Pmnt
Posted By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff

SUR-REPLY TO MTN TO EXPUNGE LIS

PENDENS
PAGE: 21 01/07/10 14:59:05

C A S E H I S 7: 0 R Y R E P 0 R T
Civil Division
II ,, II
II Case Number: SC087400 NIVIE SAMAAN VB. JOSEPH ZERNIK II
II
II
CAS E HIS TOR Y
Date Activity

11/07/06 Event
8: 30 am
PLAINTIFF (NIVIE SAMAAN) EX PARTE APPLICATION
REQUESTING LEAVE TO FILE A SUR-REPLY BRIEF IN
OPPOSTION TO DEFENDNAT'S MOTION TO EXPUNGE LIS
PENDENS.
Plaintiff's ex parte application is granted.
Sur-Reply to be filed forthwith.
counsel for Plaintiff/Moving Party is ordered to

give notice.

Motion Granted

TO DECL AND EXHIBITS SUBMITTED

WITH REPLY


TO EVIDENCE SUBMITTED IN SUPPORT
OF MTN TO EXPUNGE
PAGE: 22 01/07/10 14:59:05

Santa Monic? - WeBt District:
Civil Divj.Bion
Case Number: SC087400 II

NIVIE SAMAAN VS. JOSEPH ZERNIK
II
d
CAS E HIS TOR Y

Date Activity


OF SUR-REPLY

11/09/06 Event
Further Status Conferenc~ MEMO
8:30 am
DEFENDANT MOTION TO EXPUNGE LIS PENDENS
Matters are called for hearing. The Court notes

there is no appearance by or for Cross-Defendant.
Counsel acknowledge receipt of the Court's tentative

ruling and submit on the tentative.
Accordingly, the Court adopts Its tentative ruling

as the final order of the Court as follows:
The motion of defendant ~o(3eph Zernik to expunge lis

pendens is DENIED without prejudice.
Defendant argues plaintiff cannot: establish the

probable validity of her claims because she failed
to timely remove the apprajisal contingency which
gave him the right to ca~cel the escrow. Plaintiff
contends that her performance was excused by
defendant's failure to timely provide documents
PAGE: 23 01/07/10 14:59:05

i
Civil Division
II I =j1
II Case Number: SC087400 NIVIE S~T VS. JOSEPH ZERNIK I
I' ============ --.-JI
CAS E HIS TOR Y
Date Activity
required by plaintiff's lender in order to remove

the contingency. Pursua~t to civil Code §lSll,
prevention of performanoe by one party will excuse
want of performance or delay on the part of the
other. A party to a conqract cannot take advantage
of his own act or omiss~on to escape liability
therefrom, and performaQce of a contract is excused
when prevented by the acts of the opposite party, or
is rendered impossible by ihim. (Taylor v. Sapritch
(1940) 38 Cal.App.2d 478, 481-482; Ninety Nine
Investments, Ltd. v. Ove~seas Courier Service
(Singapore) Private, Ltd. (2003) 113 Cal-App.4th
1118, 1134.)
The sale argument by defendant in support of the

motion is that plaintiff failed to timely remove the
appraisal contingency and, as such, he properly
canceled the escrow on October 25, 2004. Pursuant to
the parties' agreement, t-he appraisal contingency
was required to be removed by the buyer (plaintiff)
by October 11, 2004. (Defepse Exhibit 5.) On October
18, 2004, defendant gave notice to plaintiff to
remove the remaining contingencies. The loan and
title contingencies were removed by defendant on
October 19, 2004, but the appraiBal contingency was
not removed until October 25, 2004. Nivie Samaan,
through her opposing papers and evidence, contend
that the delay in removipg the loan and title
contingencies was caused by defendant's failure to
provide the Escrow Instructions and Preliminary
Title Report until October 6, 2004. She further
states that the appraisai contingency was not
removed because defendant did not provide a signed
copy of the Purchase Agreement until October 22,
2004.
Victor Parks, plaintiff's loan broker, states in his

declaration that he call~d Mara Escrow several times
requesting the "Escrow Package" and stating that any
delay by the seller in delivering the Preliminary
Title Report and fully signed Purchase Agreement
PAGE: 24 01/07/10 14:59:05

i
c A S E H I S T 0 R Y R E P 0 R T
I
Civil Division
Ii -,1
II Case Number: SC087400 NIVIE SAMA~r VS. JOSEPH ZERNIK II
II II
,,
I
i
CAS E HIS TOR Y
Date Activity
would delay loan approval. On October 6, 2004, the

Escrow Instructions and Preliminary Title Report
were delivered by defendant, but the fully executed
Purchase Agreement was still purportedly missing. It
was not until October 22, 2004 that. Mara Escrow sent
the Purchase Agreement signed by both parties.
Countrywide notified Mr. Parks that the loan has
been suspended for lack of receipt of certain
information, including a "complete executed purchase
contract." (Opposing Papers, Exhibit 24.) In his
reply, ZERNIK contends only that "
October 2004" Mara Escro/w'l called him requesting
intials and a signature on the Purchase Agreement.
ZERNIK cannot state, however, on what date he
provided those signatures. There are too many issues
regarding the timing of the provision of :iocuments
by defendant to plaintiff in order for plaint.iff to
get final loan approval and be able to remove the
appraisal contingency.
Therefore, the motion to expunge lis pendens is

DENIED without prejudice.
Further Status Conference and Trial Setting Conference

are held.
The case is referred to Mediation and Mediation is

to by completed by May 17, 2007.
Post Mediation Status Conf~rence is set for May 17,

2007 at 8:30 a.m. in Department Im"I".
Final Status Conference is set for July 5, 2007 at

e :30 a.m. in Department WE"I".
Both parties waive jury trial and request a
Court
Trial with a time estimate of 5-7 days.
The case is set for Court Trial on July 13,

2007 at
9: 30 a. m. in Department WE" I" .
PAGE: 25 01/07/10 14:59:05


ci vif Di vision
II
I'
CAS E HIS TOR Y
Date Activity
Counsel for Plaintiff is ordered to give notice of

the Court's ruling.
2) TRIAL SETTING CONFER~NCE
3) DEFT MOTION TO EXPUN~E LIS
PENDENDS

Motion Denied
2) TRIAL SETTING CONFERENC~
3) DEFT MOTION TO EXPUNGE LIS
PENDENDS

08/30/07 at 8:36 am
RE: STATUS CONFERENCE RE: REFEREE
APPOINTMENT
JT: 01-11-08
11/20/06 Event
Closed-ADR
ADR Neutral

Closed-ADR
Not held

Notice of Association of Attorneys
PAGE: 26 01/07/10 14:59:05


civil Division
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK IIII
II
CAS E HIS T () R Y
Date Activity
On Behalf of SULLIVAN, WORKMAN & DEE, LLP Former Attorney for Defen
Filed By Bronner, Deborah R. & Associates Former Attorney for Plain

Atty for Defendant and CrG>ss-Compl
FOR AN ORDER SHORTENING TIME FOR
MOTION TO BE RELIEVED AS aOUNSEL

Order
MEMO
GRANTING EX PARTE APPLICAT,ION IS
SIGNED BY: JACQUELINE A. CONNOR,
JUDGE
01/16/07 Event
8:30 am
DEENDANT/CROSS-COMPLAINANT (JOSEPH ZERNIK) EX PARTE
APPLICATION FOR AN ORDER SHORTENING TIME FOR A MOTION
TO BE RELIEVED AS COUNSEL;
The Court reads and considers the moving papers of the

record.
Defendant/Cross-Complainant's ex parte application is

granted.
Accordingly Motion to be relieved as Counsel is

reserved for hearing on Fe~ruary 5, 2007 at 8:30
a.m. in Department WE~I"
Order is signed and filed this date.
01/07/10 14:59:05
PAGE: 27
CAS E HIS 'r 0 R Y REP 0 R T
Civil Division

II
CAS E HIS TOR Y
Date Activity
Counsel for Defendant/Cross-Complainant is ordered
to give notice.

Motion Granted

MEMO
$40.00
Other Pmnt
EX PARTE APPLICATION
Document Filed
01/16/07
Motion to be Relieved as Counsel


Declaration
MEMO
IN SUPPORT OF MTN TO BE RELIEVED
AS COUNSEL


MEMO
$40.00
Other Pmnt
MTN TO BE RELIEVED AS COUNSEL
PAGE: 28 01/07/10 14:59:05

Santa Moniciil - West District:
Civil Division
II
II Case Number: SC087400 NIVIE s~r VS. JOSEPH ZERNIK II
I' II
CAS E HIS TOR Y
Date Activity
01/16/07 Event
Motion to be Relieved as ~ounsel
8:35 am
DEFENDANT (JOSEPH ZERNI~) MOTION TO BE RELIEVED AS
COUNSELi
Document Filed
01/16/07
Amended Notice

Declaration
MEMO
IN SUPPORT OF MTN TO BE RELIEVED

Filed By SULLIVAN, WORKMAN & DEE, LLP Former Attorney :or Defen

02/05/07 at 8:35 am
Document Filed
01/18/07
Proof of Service


Proof of Service
PAGE: 29 01/07/10 14:59:05

Civil Div.ision

I'
CAS E HIS TOR Y
Date Activity

02/05/07 Event
8:30 am
DEFENDANT'S { JOSEPH ZERNIK) MOTION TO BE RELIEVED
AS COUNSEL BY LAW OFFICE OF SULLIVAN, WORKMAN & DEE,
LLP;
Counsel acknowledge receipt of the Court's tentative

ruling as follows:.
The motion of Charles D. Cummings and Sull van,

Workman & Dee, LLP to be relieved as counsel is
continued to February 26 a~ 8:30 a.m. in order to
effect proper service of all moving papers on
defendant/client Joseph Zernik and the other parties
to this action. Moving parties are also to lodge and
serve a proposed order using mandatory form MC-053.
Moving party is to give notice of this ruling.
First, the proofs of service attached to the moving

papers are neither signed nor dated. As such, there
is no proof that the moving papers were properly
served on the client, defendant ~Toseph Ze:r-nik or the
other parties to this action.
Second, pursuant to CCP §284 and CRC 3.1362
(formerly 376), a proposed order using mandatory
form MC-032 is required to be lodged and served in
conjunction with a motion to be relieved as counsel.
No such order has been lodged with the Court or is
included in the unexecuted proofs of service. The
Court notes that, pursuant to CRe 3.1362{e)
(formerly 376), after the order is signed, a copy of
the signed order must be s~rved on the client and on
all parties that have appeared in the case. The
PAGE: 30 01/07/10 14:59:05

C A S E H I S T 0 R Y REP 0 R T
Civil Division
Ii ----,1
----.J I
I'
CAS E HIS TOR Y
Date Activity
court may delay the effective date of the order

relieving counsel until proof of service of a copy
of the signed order on the client has been filed
with the court.
Otherwise, the Court's tentative would be to GRANT

the motion on substantive grounds.
The Court finds Defendant, Joseph Zernick is present

in Court.
Accordingly, Motion to be relieved as coun!3el of

record filed by Charles D. Cummings, and Sullivan,
Workman & Dee, LLP is GRANTED. Counsel for the
moving party is ordered to give notice.
Order is signed and filed this date and a conformed

copy is served to Defendant Joseph Zernik in open
court.
Defendant's oral motion fOr a 30 day continuance

to seek new counsel is granted.
Accordingly, Further Status Conference is set for

March 6, 2007 at 8:30 a.m. in Department WE"I".
Counsel for Plaintiff is otdered to give notice.

Motion Denied

Order MEMO
ON APPLICATION TO BE RELIEVED AS
ATTORNEY IS SIGNED BY: JACQUELINE
A. CONNOR, JUDGE
PAGE: 31 01/07/10 14:59:05

CAS E HIS T 0 ;R Y REP 0 R T
Santa Monica - ~est District
Civil DiYision
Ii Ii
II Case Numbe:r: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK I
l!:1I======================:=====================IJ
CAS E HIS TOR Y
Date Activity

03/06/07 at 8:33 am
Document Filed
02/07/07
Proof of Service
Atty for Defendant and Cross-Corrpl

Document Filed
02/15/07
Filed By Schorr, Zachary D. Former Attorney for Plain

Notice MEMO
OF FURTHER STATUS CONF

Filed By Sheppard, Mullin, Richter & ~ampton Attorney for Plaintiff
Document Filed
03/01/07
Filed By Schorr, Zachary D. Former Attorney :Ear Plain

MEMO
$20.00
Other Pmnt
TO SET DEPO DATE
PAGE: 32 01/07/10 14:59:05

CAS E HIS T 0 \R Y R E II 0 R T
Santa Monica - .\W~s~ District

civil D~v~s~on
II
Case Number: SC087400 NIVIE SAJV~ VS. JOSEPH ZERNIK II
---.JI
CAS E HIS TOR Y
Date fctivity
On Behalf of SAMAAN, NIVIE Plaintiff:

03/06/07 Event
8: 33 am
Further Status Conference is held.
Counsel, Zachary D. Schorr represents to the Court

that he has Substituted-1m as counsel of record for
the Defendant Joseph Zernik.
Post Mediation Status Conference set for May 17, 2007

is to remain.
Notice is waived.


Stipulation and Order MEMO
JOINT STIP TO SET DEPOSITION DATE
IS SIGNED BY: JACQUELINE A. CONNOR
JUDGE


Motion to Compel
PAGE: 33 01/07/10 14:59:05

Santa Monica - y.lest Distrj.ctJ
Civil Division
: I II
Case Number: SC087400 NIVIE SAMAAN VS. JOSEI~H ZERNIK II
Jj
CAS E HIS TOR Y
Date
--
Activity
__1,..------_ _
On Behalf of
Filed By
SAMAAN', NIVIE
Sheppard, Mullin, Richter & Hampton l
plaihtiff
03/13/07 Jow:-nal En try
$40.00
Other Pmnt
On Behalf of SAMAAN, NIVIE PlaintHf
Filed By Sheppard, Mullin, Richter & Hampton ~ttorney for Plaintiff

Statement - General MEMO
SEPERATE STATEMENT OF DISCOVEI<.Y

ITEt-1 IN DISPUTE
On Behalf of SAMAAN, NIVIE I_laintiff

Filed By Sheppard, Mullin, Richter & Hampton ~ttorney for Plaintiff
03/26/07 Document Fi.led
Substit.ution of At.torney

I .
Filed By Zernik, Joseph Defe~dant, & Defendant in

Separate Statement of Undo FactG MEMO
IN SUPPORT OF I'1TN TO COMPEL PROD
OF DOCS
On Behalf of SJlliAAN, NIVIE iPlaintiff

I
Filed By Sheppard, MuLlin, Richter & Hampton Attorney for Plaintiff

PRODUCTION OF DOC
PAGE: 34 01/07/10 14:59:05

CAS:e: HIS TOR Y REP 0 rT
San ta Moni ca - West District
civil Divis.ion
Ii = II
lb - II
CAS E HIS TOR Y
Date Activity
On Behalf of SAMAAN, NIVIE l?laintiff

03/27/07 J·ournal Ent.ry

MEMO
$40.00
Other Pmnt
MTN TO COMPEL
On Behalf of SAMAAN, NIVIE 1 , .f f

P 1 alntl.
Paid By Sheppard, Mullin, Richter & Hampton ~ttorney for Plaintiff

Ex·-Parte Application MEMO
TO PERMIT MOTION FOR SUMMARY
JUDGMENT TO BE HEARD

Opposition MEMO
TO EX PARTE APPLICATION
03/28/07 Event
8: 30 am
PLAINTIFF'S (N::VIE SAMAAN) EX PARTE APPLIC~TION TO
PERMIT MOTION FOR SUMMARY JUDGMENT TO BE Hf'ARD
ON
~roLY 5, 2007, LESS THAN THIRTY DAYS BEFORE THE TRIAL
DATE;,
The Court reads and considers the moving papers and

opposition off the record.
PAGE: 35 01/07/10 14:59:05

CAS E HIS TOR Y RE:PORT
Santa Monica - west District

civil Di vision I
If ,=:============= -
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPI1 ZERNIK
l~ ::====,= _ = 'I
CAS E HIS TOR Y
Date Activity
Plaintiff's ex parte application is GRANTEJ.
Accordingly, Plaintiff's motion for summarl Judgment

is reserved for July 5, 2007 at 8:30 a.m. lon
Department WE"l". Counsel to file motion.
Accordingly, Final Status Conference Bet for

July 5, 2007 is advanced to this date and continued
to August 2, 2007 at 8:30 a.m. in Departmett WEI"l".
Jury Trial set for July 13, 2007 is advanced td this

date and continued to August 10, 2007 at 9130 a.m. in
Department WE" I " .
Notice is waived.
03/28/07 Event: Complete

Motion Granted
03/28/07 JOUl:nal Entry
$40.00
Other Pmnt
On Behalf of SAMAAN, NIVIE _laintHf
I . •
Posted By st.eppard, Mullin, Richter & Hampton Attorney for Plalntlff
03/28/07 DocL1Inen t Fi led

Order MEMO
GRANTING EX PARTE APPLICATION IS
SIGNED BY: JACQUELINE A. CONNOR,
~TUDGE

motion for order appointing
PAGE: 36 01/07/10 14:59:05

CAS:E: HIS TOR Y REP () R T
Civil Div~is_ion
rr ' I i
" Case Number: SCD87400 NIVIE SMlIAAN VS. JOSEPHI ZERNIK II
l.!: 'I
I
CAS E HIS TOR Y
Date Activity I
__..! ,I
referee
04/03/07 Event
Ex--Parte Application
8:30 am I
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLIGATION FOR
MOlTON FOR ORDER. APPOINTING EEF'EREE;
The Court reads and considers the movi.ng P1~pers off

the record.
De::endant's Motion for Order Appointing Re1eree is

DENIED. J
The Court finds the motion to be inappropr:!.ate as an

Ex Parte Application.
Defendant is ordered to give notice.

Motion Denied

04/19/07 at 8:35 am
PRODUCTION OF DOCS
2 .)MTN TO COMPEL INSPECTION

to compel deposition of defendant

Joseph Zernik and continue trial
PAGE: 37 01/07/10 14:59:05


civil Division
Ir II
II Case Number: So2087400 NIVIE SAMAAN VS. J"OSEPH ZERNIK II
l\ 'I
CAS E HIS TOR Y
Date Activity
date

Opposition MEMO
to ex parte application
$40.00
Other Pmnt
04/16/07 Even t
8:30 am
PLAINTIFF'S (NIVIE SAMAAN) EX PARTE APPLICATION TO
COMPEL DEPOSITION OF DEFEND~~T JOSEPH ZERNIK AND
CONTINUE TRIALj

Plaintiff's ex parte application is granted.
Accordingly Defendant Joseph Zernik is orcder to

appear for his deposition of Friday, April 20, 2007
at 10:00 a.m. at the Law offices of Sheppard Mullin.
Final Status Conference set for August 2, ~007 is

advanced to this date and continued to AUGUST 30, 2007
at 8:30 a.m. in Department WE"I".
Jury Trial set for August 10, 2007 is advanced to this

date and continued to SEPTEMBER 7, 2007 at 9:30 a.m.
PAGE: 38 01/07/10 14:59:05

Ci vil Di vi si on
fr
II
CAS E :H 1ST 0 R Y
Date Activity
in Department WE"I".
Counsel for Plaintiff is ordered to prepare an order

and give notice.

Motion Granted

Order MEMO
GRANTING PLAINrIFF'S EX PARTE

APPLICATION TO COMPEL DEPOSITION
IS SIGNED BY: ,JACQUELINE A. CONNOR
JUDGE
04/19/07 Event
8:35 am
PLAINTIFF (NIVIE SAMAAN) MOTION TO COMPEL PRODUCTION
OF DOCUMENTS;
PLAINTIFF (NIVIE SAMAAN) MOTION TO COMPEL INSPECTION

OF LAND AND TANGIBLE PROPERTY ON LAND IN THE
POSSESSION OF DEFENDANT;
Matters are called for hearing and continued t<!> April

26, 2007 at 8:30 a.m. in this Department, pursuant to
the oral motion of Defendant.
Defendant represents to the Court that he is in the

midst of retaining counsel and expects counsel to
• I
appear for hea.ring on the above stated motjLons on
April 26, 2007.
Counsel for Plaintiff is ordered to give nbtice.
PAGE: 39 01/07/10 14:59:05

CAS l~ HIS TOR Y REP 0 R T
8anta Monica - West District

civil Div.ision
if
I.l
CAS E HIS TOR Y
Date Activity
PRODUCTION OF DOCS
2.) MTN TO COMPEL INSPECTION
04/19/07 Event Compl.ete

r/(otion to Compel MEMO
Continued
PRODUCTION OF DOCS
2 .) MTN TO COMPEL INSPECTION

04/26/07 at 8:30 am
PRODUCTION OF DOCUMENTS
2) MOTION TO COMPEL INSPECTION

Response MEMO
BRIEF IN SUPPORT OF MTN TO COMPEL
INSPECTION OF PROPERTY


Opposition MEMO
TO !"ITN TO COMPEL INSPECTION
PAGE: 40 01/07/10 14:59:05

CAS E HIS TOR Y REP 9R T
ci vil Division
II T

II
CAS E HIS TOR Y
Date Activity
Filed By zernik, Joseph Defehdant, & Defendant in
04/26/07 Event
8: 30 am
PLAINTIFF (NIVIE SAMAAN) MOTION TO COMPEL
PRODUCTIONS OF DOCUMENTS;
PLAINTIFF (NIVIE SAMAAN ) MOTION TO COMPEL!

INSPECTION OF LAND AND TANGIBLE PROPERTY ON LAND IN
THE POSSESSION OF DEFENDANT;
Continued from 4/19/07 I
The Court notes Defendant has not attained, counsel.
Both parties acknowledge receipt of the Court

tentative ruling on April 19, 2007.
The Court adopts Its' tentative ruling as the final

order of the Court as follows:
The unopposed motion of plaintiff Nivie Samaan to

compel inspection of land and tangible property on
land in the possession of defendant is GRANTED·.
Defendant Joseph Zernik is ordered to allo[",
plaintiff, plaintiff's counsel, Philip Georgeous, a
videographer and a photographer to inspect the
interior and exterior of all buildings located at
320 South Peck Drive, Beve:dy Hills, CA 90212 <Dn MAY
4, 2007 at 10:00 a.m. until 12:00 p.m. The,
inspection shall be limited to two hours, 'there
shall be no videotaping or photographing of Mr.
Zernik or his family or employees, no objects $hall
be moved, and Mr. Zernik and his attorney ~hali be
present during the inspection.
~he request fo:[ monetary sanctions is G~rED.

PAGE: 41 01/07/10 14:59:05
CAS E HIS TOR Y REP Ci R T
Santa Monica- West Distr;ict:

Civil Division
Ii II
l' 'I
CAS E HIS TOR Y
Date Activity
Sanctions in the amount of $1,700 are i~posed

jointly and severally against defendant Jqspeph
Zernik and his attorney of record, Zachary D.
Schorr, payable within 20 days to plaintiff Nivie
Samaan through her counsel of record Sheppard Mullin
Richter & Hampton LLP. Plaintiff to give n.otice.
The unopposed motion of plaintiff Nivie Samaan to

compel production of documents is GRANTED.: Defendant
Joseph Zernik is ordered to pr·ovide a further
response without objection and production of
responsive documents to Demand No. 8 with~n 20 days.
The accompanying request for monetary sanctions is
GRANTED. Sanctions in the amount of $870 are imposed
jointly and severally against defendant Jospeph
Zernik and his attorney of record, Zachar~ D.
Schorr, payable within 20 days to plaintiff Nivie
Samaan through her counsel of record Sheppard Mullin
Richter & Hampton LLP. Plaintiff to give notice.
The Court finds that defendant's last minute refusal

to allow the inspection after having asserted
various objections and imposed conditions that were
met by plaintiff is unreasonable. Defendant did not
question the relevance of the inspection until the
day before the inspection. Further, plaih~iff has
properly shown that the inspection is rele,vant to
determining the condition and fair market rental
value of the property. The motion to compel the
inspection is GRANTED.
Further, defendant has failed to substanti,ate his

obj ections to Document Demand No. 8 for do,cuments
relating to the extensive remodeling that defepdant
claims has been done and may be ongoing at r the
property. There is nothing to show that t~e de~and
is overbroad, vague or ambiguous. Defendant ma~e the
reference to "substantial remodeling" in hiis e-mail
to plaintiff's attorney Moe Keshavarzi. Defendant
contends that the original price of $1.85 million is
no :Longer applicable because he has initiated
PAGE: 42 01/07/10 14:59:05

C A 8 E HIS TOR Y REP 0 R T

Ci vi] .oi vi.sion
Ir
II Case Number: SC0874,OO NIVIE SAMAJl.N VS. JOSEHI ZERNIK
[t
CAS E HIS TOR Y
Date Activity
substantial remodeling, including the kitchen and

garage work which is still going on as of January
2007. Defendant is ordered to produce documents
relating to that remodeling and his claimEi tha,t the
property price is now increased as a result of the
work done.
Defendant has failed to timely respond to these

motions or show that his refusal to allow the
inspection or produce the requested documents was
justified. Plaintiff's requests for moneta.ry
sanctions are also granted.
Further Status Conference is set for lVJay 1, 2007 at

8:: 30 a. m. in Department WE"l".
Parties are to provide the Court with the name of a

a selected mediator.
Counsel for Plantiff /Moving Pary is ordered to give

notice.
PEODUCTION OF DOCUMENTS
2) INSPECTION OF LAND/PROPERTY

Motion Granted
PIWDUCTION OF DOCUMENTS
2) INSPECTION OF LAND/PROPERTY

,Jacqueline A. Connor
05/01/07 at 8:30 am
PAGE: 43 01/07/10 14:59:05

CAS E HIS TOR Y REll()RT

Ci vil Division
II
II Case Number: SC087400 NIVIE SAMAAN VS. JO~EPH ZERNIK
Il
CAS E HIS TOR Y
Date Activity
05/01/0'7 Even t
8: 30 am
FURTHER STATUS CONFERENCEi
Further Status Conference is held.
Mediation shall be with mediator Schoeltles.
Post mediation Status Conference set on May 17, 2007

is advanced and continued to May 23, 2007 at 8:30 a.m.
in this department.
The parties shall split the cost of mediation.
The Summary Judgment motion scheduled on August 2,

2005, Final Status Conference on August 30, 2007 and
Trial date set on September 7, 2007 rema~n set.
Counsel for plaintiff shall give notice.
Conf held. Post med status conf

adv from 5-17-07 & cant to 5-23-07
8:30am/I. FSC, Summ Judgment mo,
final status conf & trl remain set
L. McKenzie, CSR #5567

Held-Continued
Conf held. Post med status conf

adv from 5-17-07 & cant to 5-23-07
8:30am/I. FSC, Summ Judgment mo,
final status conf & trl remain set
L. McKenzie, CSR #5567
PAGE: 44 01/07/10 14:59:05

CAS E HIS TOR Y REI~~)RT
Santa Monica - West Distr:Lct
Civil Division
rr
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEfH ZERNIK
= IIII
\I ==================
CAS E HIS T 0 H Y
Date Activity
05/01/07 Ev"ent Complete

Conference-Post Mediation Status MEMO
Advanced to tt.is date & continued
Adv to 5-1-07 & cont to 5-23-07

8:30am/I

OS/23/07 at 8:32 am
SUlTLl1 Judgment Motion: 8-2-07

FSC: 8-30-07 Trl: 9-7-07

Notice MEMO
OR ORDER GRANTING PLTF'S MOTION

TO COMPLET AND REQUEST FOR SANC
TIONS.
On Behalf of SAMAAN, NIvn; Plaintiff

05/03/07 Documen t Fi 1 ed
Notice
MEMO
OF ORDER

MEMO
PAGE: 45 01/07/10 14:59:05

CAS E HIS TOR Y R E l? 0 R T

civil Division
=
Case Number: SC087400 NIVIE SAMAllN VS. JOSEPH ZERNIK
CAS E HIS T 0 It Y
Date Activity
for motion to short time for

hearing of motion for reconsider
of pltf's motion to compel and
request for sanctions;
2) motion to ext time to pay sanct
05/14/07 Document F.iled

Opposition MEMO
TO EX PARTE
$40.00
Other Pmnt
Posted By Zernik, Joseph Pefe~dant, & Defendant in
05/14/07 Event
.Jacqueline A. Connor
8:30 am
DEFENDANT'S (J"OSEPH ZERNIK) EX PARTE l\PPLICATIQN FOR
A MOTION TO SHORTEN TIME FOR HEARING OF MOTION FOR
RECONSIDERATION;
The Court reads and considers the Moving Papers and

Opposition off the record.
Defendant's ex parte application is DENIED.

Motion Denied
PAGE: 46 01/07/10 14:59:05

I
Santa Monica - West DistLlct
Civil Division
Ir ! ,
II Case Nu:nber: SC087400 NIVIE SAMAAN vs. JOSEPH ZElRNIK
[l j
r
CAS E HIS TOR Y
Date Activity
--r
Motion for Reconsidera tion MEMO
PURSUANT TO CCP 1008
On Behalf of ZERNIK, JOSEPH !Defendant

Filed By Zernik, Joseph Defendant, & Defendant in
05/17/0"1 Even t
8:30 am
Adv to 5-1-07 & cont to 5-23-07

8:30am/I

07/09/07 at 8:35 am
OS/21/0'7 Document Filed

Notice MEMO
DEFTS NOTICE OF VACATION PLANS

6-16-07 - 7-2-07
On Behalf of ZERNIK, JOSEPH JPefendant

Filed By Ze:rnik, Joseph Oefendant, & Defendant in
OS/22/07 Document F'i.led

FOR AN ORDER CONTINUING THE

DISCOVERY CUTOFF DATE TO THIRTY
DAYS BEFORE THE NEW TRIAL DATE
PAGE: 47 01/07/10 14:59:05

CAS E HIS t 0 i Y REP 0 R T
San ta Moni cf - West District:
Civif Division
, :-:-=r ~I
Case Number: SC087400 NIVIE S ~ VS. JOSEPH ZERNIK II
-
''"==================:~-I ' ==========:====~!I .
CAS E HIS T () R Y
Date rtiVity
OS/22/07 Document Filed

Opposition MEMO
TO EX PARTE APPLICATION
OS/22/07 Event
8:30 am
DEFENDANT'S (JOSEPH ZERNI~) EX. PAl~TE APPLICATION FOR
AND ORDER CONTINUING THE pISCOVERY CUTOFF DATE TO
THIRTY DAYS BEFORE THE NEW TRfAL nATE.
The Court reads and considers the moving papers off

the record.
Defendant's ex parte application to continue the

discovery cutoff date is iDENIED.
Defendant/Moving Party is ord~red to give notice.

Declaration ~IEMO
Defendant, & Defendant i~ Pro Per
DESIGNATION OF EXPERT WITNESSES;

I
OS/22/07 Event Complete
Motion Denied
OS/22/07 Journal Entry
$40.00
PAGE: 48 01/07/10 14:59:05

CAS E REP 0 R T
,
Santa Monic4 - I\fest District
Civil Div:i.sion
-------,1
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK II
========:== 'I
CAS E HIS TOR Y
Date ~ct:ivity
Posted By ZERNIK, JOSEPH Defendant

Report-Status MEMO
POST MEDIATION REPORT

Filed By Sheppard, Mullin, Richter & Hamp~:on Attorney for Plaintiff

Notice M.BMO
OF ORDER

OS/23/07 Event
Conference-Post Mediation Stapus !VIEMO
8:32 am
POST MEDIATION STATUS OONFERENCE;
Post Mediation Status cortferelce is held.
~ounsel represent to the cour/t that Mediation has

been completed and no settlem,ent reached.
Motion for Summary Judgment ils reserved for August 9,

2007. Counsel will file mot~on.
Counsel for Plaintiff is ord~red to give notice.
Summ Judgment Motion: 8-2-07

FSC: 8-30-07 Trl: 9-7-07
PAGE: 49 01/07/10 14:59:05

CAS E HIS T' 0 R Y ]~]~PORT

II Civit DitiOn
II Case Number: SC087400 NIVIE SAMPfN VS. ,JOSEPH ZERNIK

======:============~========
1.':::1'
CAS E H I Is TOR Y
Date Aictivity
---~~------r-_I-
OS/23/07 Event Complete

Conference-Post Mediation Sta~us MEMO
Summ Judgment Motion: 8-~-07
FSC; 8-30-07 Trl; 9-7-/[J7

Notice of Ruling MEMO
Defendant, & Defendant in Pro P~r
ON EXPARTE APPLIC TO HAVE MTN
TO EXTEND DISCOVERY CUTOFr

Document Filed
OS/25/07
Motion for Summary Judgment

Request for Judicial Notice IvIEMO
IN SUPPORT OF MSJ

Filed By Sheppard, Mullin, Richner ~ Hampton Attorney for Plaintiff

Separate Statement of Unq. FJc~s fllEMO
IN SUPPORT OF MSJ
PAGE: 50 01/07/10 14:59:05

CAS E HIS '11 0 RiI Y' REP 0 R T
Santa MonicCl- - West District
Ci,ji~ Division
II Ii
II Case Number: SC087400 NIVIE S~ VS. JOSEPH ZERNIK II1\
II I :===__
CAS E HIS TOR Y
Date _________________A..LI_cti v~. t~

OS/25/07 ,Tournai Entry
$200.00
Otter Pmnt
Paid By Sheppard, Mullin, Richter & Hampton Attorney for Plaintiff

Motion for Summary Judgmept MEMO
08/09/07 at 8:35 am
2.) MTN FOR LEAVE

Notice Iv:IEMO
NOTICE OF UNAVAILABILITY OF
COUNSEL MOE KESHAVARIZ ATTY
PLTF FROM 6-11-07 - 6-22-07


Motion to Quash

Motion to Compel rlJEMO
DEPOSITION OF DEF JOSEPH ZE~IK
PAGE: 51 01/07/10 14:59:05

CAS E HIS TOR Y :IR E P 0 R T
Santa Monica; - West District
Civil DiJj,sion
,
II ,========. === II
II Case Number: SC087400 NIVIE S~ VS. JOSEPH ZERNIK I
= =====================::!:'=
1.'=1' ==============. - II
CAS E
H I IS ~ ~ R Y
Date ]Ilctl V:L.ty

Filed By Sheppard, Mullin, Richter & IHampton Attorney for Plaintiff

MEMO
$40.00
Other Pmnt
MTN TO QUASH

06/08/07 ,Journal En try

MEMO
$40.00
Otlher Pmnt
MTN TO COMPEL DEPO

06/11/07 Scheduled Even t

Motion to Compel M:EMO
07/12/07 at 8:35 am
DE PO
2.) MTN TO DEEM REQUEST FOR ADMISS

Motion for an Order IvIEMO
TO DEEM REQUEST FOR ADMISSIONS
ADMITTED I
PAGE: 52 01/07/10 14:59:05

CAS E HIS T 0 :R Y Rll:PORT

C.i viI DiV'J.s~i.on
Ii ====== = = 11
II Case Number: SC087400 NIVIE SAMA1lli VS. JOSEPH ZERNIK I
= ==========================
l!::1' ---.JI
CAS E H I is TOR Y
Date Activity
._------_._-----
Filed By Sheppard, Mullin, Richter &iHampton Attorney for Plaintiff

MEMO
$40.00
OUrer Pmnt
MTN TO DEEM ADMISSION


Motion for Leave

MEMO
$40.00
Other Pmnt
MTN FOR LEAVE


Memo points & authorities NEMO
IN OPP TO MTN TO COMPEL


Opposition MEMO
PAGE: 53 01/07/10 14:59:05

C A S E H I S T 0 :R Y :R E p 0 R T
Santa Monicq - West District
Civil Div:is.ion
-'
It Ii
II Case Number: SC087400 NIVIE SAMA!AN VB. JOSEPH ZERNIK II
=========----IJ
"
CAS E H I IS TOR Y
Date Activi.ty
TO MTN FOR RECONSIDERATION

Filed By Sheppard, Mullin, Richter Cc Hampton Attorney for Plaintiff

Memo points & authorities MEMO
IN OPP TO MTN TO QUASH


IN OPP TO MTN TO HAVE REQUEST
FOR ADMISSION

Filed By Zernik, Joseph Defendant, & Defenda.nt in

fV[EMO
$56.50
Other Pmnt
MTN TO EXPUNGE LIS PENDENS

Paid By Zernik, Joseph Defendant, & Defendant in

Motion for an Order ~1EMO
TO EXPUNGE LIS PENDENS
PAGE: 54 01/07/10 14:59:05


civil Div,is:Lon
Ii II
1\ Case Number: SC087400 NIVIE SAMA!AN VS. JOSEPH ZERNIK II
I' ==== II
CAS E H I ,8 TOR y
Date Activi.ty


07/23/07 at 8:35 am
2) MTN FOR PROTECTIVE ORDER

IN OPP TO MTN TO QUASH


MPA IN OPP TO MTN TO HAVE REQpESTS
FOR ADMISSION DEEMED ADMITTED

Filed By Zernik, Joseph Defendant, & Defendalllt in

Memo points & authorities f'lIEMO
IN OPP TO MTN COMPEL

PAGE: 55 01/07/10 14:59:05

CiviJ, Division
Ii Ii
I' -------ll
CAS E Hl:STORY
Date Activity
---'---_._-- ------ ._-----
MEMO
$40.00
Other Pmnt
MTN FOR EXPUNGE LIS PENDE~S
On i3ehalf of ZERNIK, JOSEPH Defendant


Notice MEMO
OF ORDER


Response lVlEMO
IN SUPPORT OF MTN TO DEEM REQUEST
FOR ADMISSION


Response HEMO
BRIEF IN SUPPORT OF MTN TO Cq~1PEL
DEPO

PAGE: 56 01/07/10 14:59:05


Civil Division
=========:==== II
Case Number: SC087400 NIVIE SAMAAN VEe>. JOSEPH ZERNIK II
...========: ====_ II
CAS E HIS T (I R Y
Date Activity

ExParte Application l"lEMO

M/P COUNTRYWIDE

MEMO
$40.00
Other Pmnt
07/06/07 Event
Exparte proceeding MEMO
9:00 am
NON-PARTY, COUNTRYWIDE HOME LOANS, INC, 'S EX PARTE
APPLICATION FOR PROTECTIVCE ORDER:
The matter is called for 'hearing.
The Court has read and considered the exparte

application in chambers. Non,-party Countrywide Home
Loans, inc. 's exparte application for a Protective
Order is Denied. Moving party to proceed by a Notice
Motion on July 23, 2007 ~t 8:30 am in Department WE-I.
Any opposition is to be ~iled in Department We-I, and
served by July 12, 2001;. Any reply is to be filed in
Department WE-I, and s~rved by July 7/16/07.

PAGE: 57 01/07/10 14:59:05

Santa Monica - West D.istrict

Ci vil Division
CAS E HIS TOR

, Y
Date Activity
Motion on 7/23/07 at 8:30 am in

Dept WE-I. Opposition ~y 7/12/07

IN OPP TO NON PARTY COUNTRYWIDE

EXPARTE APP FOR PROTECTIVE ORDER

Filed By GREEN & MARKER Former Attorney for Defen

Declaration MEMO
OF G. RICHARD GREEN


Exparte proceeding ~[EMO
Denied

Motion on 7/23/07 at 8:3d am in
Dept WE-I. Opposition by 7/12/07

Substitution of Attorn~y
Atty for Defendant and Clf'0ss-Compl
PAGE: 58 01/07/10 14:59:05

CAS E HIS TOR Y REP 0 R or
Santa Monica - w,est District

civil Div:ls.ion
Ii ~1
I' --..JI
CAS E HIS TOR Y
Date Activity

07/09/07 Event
~racqueline A. Connor
8:30 am
DEFENDANT'S (JOSEPH ZERNICK) MOTION FOR
RECONSIDERATION;
Matter is called for hear~ng.
Both parties telephonically acknowledge receipt of

the Court's tentative rul~ng and submit on the
tentataive ruling.
Accordingly, the Court adppts Its tentative ruling

The motion of defendant Joseph Zernik for

reconsideration of this Court's ruling of April 26,
2007 and motion for extending time to pay the court
ordered sanctions is DENIED. Per Plaintiff's
opposition, which was untimely, it appears that at
least part of the motidn is moot as the inspection
has already gone forwand.
A court acts in excess of jurisdiction when it

grants a motion to recdnsider that is not based upon
"new or different facts, circumstances or law."
Motions for reconsideration are restricted to
circumstances where a party offers the court some
fact or circumstance not previously considered, and
some valid reason for no~ offering it earlier. (Id.,
at p. 1500.) The moving party must present a
satisfactory explanation for failing to provide the
evidence or different faqts earlier. (Garcia v.
Hejmadi (1997) 58 Cal.Ap~.4th 674, 690.) This motion
fails for several reaS0ns: I
PAGE: 59 01/07/10 14:59:05

Santa Moni,ca - West District

C.ivil Division
11
II Case Number: SC087400 NIVLE SAMAJ\N VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date , Activ:Lty
First, ZERNIK's declaration offered in support of

the motion is unsigned ~nd is made under the laws of
the "United States," not;:- t;.he laws of the State of
California as required lDy Code of Civil Procedures
§2015.5 (see Moving Papers, at p. 17).
Second, the declaration of Thomas 111. Brown is not

executed under the laws of the State of California
(Notice of Errata, Exhibit 2) .
Third, the declaration of Zachary D. Schorr was

submitted in an attempt to authenticate certain
exhibits attached to a notice of eJ~rata filed by
ZERNIK on May 21, 2007. However, Mr. Schorr's
declaration is unintelligJible in that the Exhibits
attached do not comport wa.th the Exhibits or Exhibit
numbers set forth.
Fourth, ZERNIK has completely failed to introduce

new or different facts, c,ircums'tances or law to
support reconsideration of this Court's April 26,
2007 rulings or show why such facts, circumstances
or law were not introduced in opposition to the
motions themselves. Corrtrary to ZE:RNIK's repeated
contentions, the motions to compel were not the
result of an ex parte ~pplication. They were
properly reserved, fil~d in March 2007 and 'served
pursuant to the mandates of CCP §1005(b). The Court
further accommodated M:r; Zernik's personal request by
continuing the motion flor additional time. He then
failed to file any oppdsition.
ZERNIK has failed to establislh that any of the bases

of this Court's ruling were fialse or fraudulent. All
other arguments regarding purported additional
"abuses" by plaintiff's counsel of the ex parte
process, unrelated to ~he motions to compel, are
equally unsupported and have no bearing on the
ruling sought to be re<!:onsidered. The Court's ruling
was based on a full constderation of the rights of
all parties. There is simply nothing to show that
PAGE: 60 01/07/10 14:59:05

CAS E HIS TOR Y REP I) R T

ciViil Division
II ==:==--,1
I' II
CAS E HIS TOR Y
Date Activity
the imposition of monetc;;.rlf sanctions was unjust

under the circumstances, Plaintiff's counsel has
followed substantive legal and procedural
requirements and ZERNIK's objections to the
inspection demand and reqUest.s for production of
documents were not reasonable. The sancticns amounts
awarded - $1,700 and $870 were, in fact, far below
the amounts sought by p~aintiff - $2,220 and $2,490.
The hearsay statements (j)f an uninvolved attorney
regarding the amount of sanctions imposed cannot be
considered.
The motion for reconsid~ration and extension of time

to pay sanctions is DENIED.
Counsel for plaintiff is to give notice of this

ruling.

Motion Granted

Request for Judicial Notice MEMO
IN SUPPOR '1' OF OPP TO MTN TO
EXPUNGE LIS PENDES

Filed By Sheppard, Mullin, Ric;hter &. Hampton Attorney for Plaintiff

TO DECL OF JOSEPH ZERNIK
PAGE: 61 01/07/10 14:59:05

Civi1 Division
Case Number: SC087400 NIVtE SAMAAN VS. JOSEPH ZERNIK

l!::::=====:==============
CAS E HIS TOR Y
Date Activity

Opposition lVIEMO
TO MTN TO EXPUNGE LIS PENDENS



Motion for an Order MEMO

M/P - COUNTRYWIDE

MEMO
$40.00
Other Pmnt
MTN FOR PROTECTIVE ORDER
07/12/07 Event
8:30 am
PLAINTIFF (NIVIE S~) MOTIfON TO COMEPL DEPOSITION;
PLAINTIFF (NIVIE SAMAAN) MOTION TO DEEM REQUEST FOR

ADMISSION ADMITTED:
PAGE: 62 01/07/10 14:59:05

CAS E HIST.ORY REP 0 R T
Santa Moni.ca - West District

Civil Divis.ion

I
CAS E HIS TOR Y
Date Activity
Matters are called for he~ring.
Counsel acknowledge rec~ilPt of the Court's

tentataive ruling and the submit on the tentative.
Counsel represent the depq:lsition of Joseph Zernik

will be completed on July 20, 2007 at 10:00 a.m. at
the Plaintiff's Law Offic~s located at 333 South
Hope Street, Los Angeles.
Accordingly, the Court adopts Its tentative ruling

The parties are ordered to meet and confer to select

a mutually agreeable dalte before J·uly 20, 2007. The
date selected may only be changed or altered by
Court order. The motio~ of plaintiff Nivie Samaan to
compel the deposition of Joseph Zernik is off
calendar as MOOT. The request for monetary sanctions
is DENIED.
The motion of plaintiff Nivie Samaan to deem

Requests for Admissionaqmitted is DENIED. Any
request for monetary sanotions is DENIED.
The original trial date :Ln this case was July 13,
2007 and was continued twice to August 10, 2007 and
then to September 7, 2007. The Court orders did not
include a continuance of the discovery and motion
cut-off dates. However, in light of Dr. Zernik's own
conduct resulting in del~ys of his deposition, the
Court finds that he is estopped from relying on the
cut-off dates to oppose these motions. (Sears,
Roebuck & Co. v. Natiorh.al Union Fire Im;. Co. of
Pittsburgh (2005) 131 Cal.App.4th 1342, 1351;
Cuadros v. Superior CO"4lrt (1992) 6 Cal.App.4th 671,
675.) An abuse of discretj:ion standard applies to
this issue and, under the substantial evidence
rules, the Court resolves all evidentiary conflicts
PAGE: 63 01/07/10 14:59:05

CAS E HISTORY REP () R T
Santa Monica - West DJ:strict

civil D:ivision
Ii
II
CAS E HIS TOR Y
Date Activity
in plaintiff's favor. (]d.) Therefore, the argument

that these motions were f~led in violation of the
discovery and motion cut-off dates is rejected.
Starting with a date on February 14, 2007, Dr.

Zernik I s deposition was canceled aI.d rescheduled
several times for several reasons, including giving
Dr. Zernik additional time to retain new counsel, a
schedule conflict for Mr. Keshavar:z:i, Mr.
Keshavarzi I s illness, etc. At no time wa~; a
deposition set to go forward 0 a particular date
with Dr. Zernik simply :j:ailing to appear. The
parties are simply at an impasse in selecting a
mutually agreeable date for the deposition. The
Court orders that the p~rties meet and confer to
select a mutually agreeable date before ,July 20,
2007. The date selected can only be changed or
altered by Court order and the motion to compel the
deposition of Joseph Zernik will be taken off
calendar as MOOT. Any request for monetary sanctions
is denied in any event due to the circumstances on
both sides that delayed or altered the previously
selected deposition dates.
Regarding the motion to Deem Reque:5ts for Admission

.A.dmi t ted, Dr. Zernik 's ·argument that he was not
properly served with the RFAs fails in light of the
fact that he did, in fact, receive the documents and
failed to seek a Court 'order quashing service of the
requests. By failing to timely respond to the
requests, Dr. Zernik has waived all objections to
the requests. (Code of Civil Procedures
§2033.280(a).) Two proofs of service were attached
to the RFAs, showing that they were served
personally and by mail on May 14, 2007. The last
proof of service showed service by mail. Dr. Zernik
states that he mistakenly relied on the mailed
service in determining the deadline for the
responses, which would have been June 18, 2007, the
date the first respons~s were served. Under the
circumstances, the Court finds that this constitutes
PAGE: 64 01/07/10 14:59:05

Civil Division
Ii ---,1
I' -JI
CAS E HIS TOR Y
Date Activity
a "mistake" for purposes of granting relief from

waiver.
Regarding the question whether Dr. Zernik has served

a response in substantial compliance with Code of
Civil Procedures §2033.24b, pursuant to Code of
Civil Procedures §2033.;24b, responses shall be as
complete and straightforward as possible as the
information reasonably available to the responding
party permits and must contain an admission, denial
or statement claiming an !inability to admit or deny.
The Court finds that Zernik's amended responses,
while not ideal, are in substantial compliance with
these requirements. If pli:l-intiff believes that the
responses are deficient, phe may move for an order
compelling a further response.
The motion to deem the RFfI,s admitted is DENIED.

Requests for monetary sanctions are denied because
if a request for sanctions is incl ded in a
discovery motion, the notice of motion must contain
a request for sanctions and must name all parties
and attorneys against whom sanctions are being
sought, specify the type of sanction sought, and
cite the authority for such sanctions. (Code of
Civil Procedures §2023.040.) The notice of motion
here does not mention monetary sanctions.
Counsel for Defendant is ordered to given notice of

the Court's ruling.
Defendant files an affid~vit pursuant to Code of

Civil Procedures Section 170.3 in open Court.
OFF THE RECORD IN CHAMBERS:
The Court reads and cons~ders the affidavit filed

this date.
ON THE RECORD:
PAGE: 65 01/07/10 14:59:05

Santa Monica _. West D~~strict
CivJil Division
Ii ============.- === -,1

II Case Number: SC087400
NIVIE SAMAAN VS. JOSEPH ZERNIK II
~II======================== ==.=dl
CAS E ;H I TOR Y
Date Activity
The Court finds the Aff~davit pursuant to 170.3 of

the Code of Civil Procedures filed ·this date, is
incorrect and announces it will be ruled upon as an
Affidavit pursuant to 170.6 of the Code of Civil
Procedures and is DENIED as untimely.
The Court's order is as follows:
Defendant Joseph Zernik 4as filed a pleading as

opposition to a motion with purports to include a
statement of disqualification for cause pursuant to
Code of Civil Procedure section 170.3, contending
that the assigned judge i$ biased. The pleading
may also be intended as a peremptory challenge
pursuant to Code of Civil Procedure section 170.6.
To the extent that the pleading is intended as a

peremptory challenge pursuant to Code of Civil
Procedure section 170.6, it is untimely as this
matter is assigned to the undersigned for all
purposes, and the motion was not filed within
fifteen days of the defen~ant's appearance as
mandated by that section f3,nd Local Rule 7.5(a) The
motion is also not in a sufficient or proper form.
To the extent the pleading is intended as a

statement of disqualification for cause, it is
difficult to discern what the contentions are that
form the basis for disqualification for cause. The
rambling pleading complains primarily of acts of
others than the judge. As best as can be discerned,
disqualification is sought on the basis of
defendant's opinion and disagreement with the
court's rulings. The pleading is also in improper
form, as such a statem~nt should be separate and not
included within anothe~ pleading. McCaratney v.
Superior Court (1990) 223 Ca1.app.3d 1334, 1340.
In any event, the pleacling demonstrates on its face

no legal grounds for disqualification. It is
stricken pursuant to Code of Civil Procedure section
PAGE: 66 01/07/10 14:59:05

Santa Monica - West Distr.ict

civil Divis.ion
rr======:
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE~IK
l!:: _
CAS E HIS'rORY
Date Activity
170.4, subdivision (b).
Code of Civil Procedure section 170.3 (e) (1) reqiUires

that the disqualification statement set forth "the
facts constituting the grounds" for disqualification
of the judge. !'Iere conclusions of the pleader are
insufficient. In re Morelli (1970) 11 Cal.App.3d
819, 843; Urias v. Harris Farms, Inc. (1991) 234
Cal.App.3d 415, 426.
The statement of disqualification cannot be based

upon infoI'mation and belief, hearsay, or other
inadmissible evidence. See United Farm Workers of
America, AFL-CIO v. Superior COL,rt (1985) 170
Cal.App.3d 97, note 6 at 106 (disqualification
cannot be based upon hearsay or other inadmissible
evidence). Cf., Anastos v. Lee (2004) 118
Cal.App.4th 1314, 1319 (declarations in suppor~ of a
Code of Civil P:rocedu:re section 473 motion mustt
include proper foundation, i.e., personal
knowledge. )
A party's belief as to a Judge's bias and prej~dice

is irrelevant and not controlling in a motion to
disqualify for cause, as the test applied is aA
objective one. United Farm Workers of America t.
Superior Court (1985) 170 Cal.App.3d 97, 104;
Stanford University v. Superior Court (198~) 1~3
Cal.App.3d 403, 408 ( "the litigants' :necessari~y
part:isan view~. do not provide the applicable frame
of reference."
Rulings and findings do not constitute a valid basis

for disqualification. As stated by the Califorpia
Supreme Court in People v. Guerra (2006) l7 Cal. 4th
1067, 1112, "a trial court's numerous rulings
against a party--even when erroneous--do not
establish a charge of judicial bias, espec;ially Iwhen
they are subj eet to review." '
Conclusion
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Civil Division
n II
I Case Number: SC087400 NIVIE SAMAAN VS .•JOSEPH ZERNIK II
I' '
I I f
CAS E H J: S TOR Y
Date Activity
To the extent the pleading is intended as a motion

pursuant to Code of Civil Procedure section 170.6,
it: is denied as untimely and not in proper form. To
the extent the pleading is intended as a verified
statement of disqualification pursuant to Code of
Civil Procedure section 170.3, it is stricken
pursuant to Cod.e of Civil Procedure section 170.4,
subdivision (b) on the grounds that it demonstrates
on its face no legal grounds for disqualification.
The parties are reminded that this de:termination of
the question of the disqualification is not an
appealable order and may be reviewed only by a) writ
0= mandate from the Court of Appeal sought within 10
days of notice to the parties of the decision. In
the event that a timely writ is sought and an
appellate court determines that an answer should
have been timely filed, such an answer is fil~d
herewith. See PBA, LLC v. KPOD, LTD (2003) ~12
Cal.App.4th 96S, 972; accord, Fine v. Superior
Court(2002) 97 Cal.App.4th 651, fn. 3 at 658.
GOOD CAUSE APPEARING THEREFORE, It is so ordered.
Date: JULY 12, 2007

Hon. J'acqueline A. Cdnnor
Judge of the Superion Court
Verified Answel~ of Jacqueline A. Connor
I, Jacquel ine 1\. Connor, declare:
1. I am a Judge of the Superior Court and as

such have been assigned to preside over this qase.
2. I am not prejudiced or biased againdt or
in favor of any party to this proceeding or tijeir
counsel.
3. All rulings made by me in this actiqn have
been based upon facts and arguments officially,
presented to me and upon my understanding of tihe
PAGE: 68 01/07/10 14:59:05

Santa Monica - West Distr.ict
Civil Division
If
It
CAS E HIS TOR Y
Date Activity
law. My statements and rulings are set forth in the

records and the files herein, which are the best
evidence hereof. To the extent the moving partY,'s
statement of those rulings and statements are
inconsistent therewith, they are denied.
4. All statements made by me and all actions
taken by me in this proceeding have been done in
furtherance of what I believe were my judicia]
duties.
5. I knDw of no facts or circumstances which
would require my disqualification or recusal in this
I
case.
I declare under penalty of perjury that the

foregoing is true and correct and of my own personal
knowledge, except as to those matters stated to be
on my information and belief, and as to those
matters, I believe them to be true. Executed this
12th day of July, 2007, at SANTA MONICA, Cali:f;ornia.
Jacqueline A. Cannor
ThE: original Order and verified Answer as stated

above is signed and filed this date.
A conformed copy of the order DenyinSJ Peremptary

Challenge and Striking Statment of Disqualifid:ation
and Verified fuJswer of Jacqueline A. Connor a~e
mailed this date via U.S. MAIL to the Defendant.:
JOSEPH ZERNIK addressed as follows:
JOSEPH ZERNIK, DMD,PhD

DEFENDANT INPROPRIA PERSONA
320 SOUTH PECK DRIVE
BEVERLY HILLS, CALIFORNIA 90212
DEPOSITION
2) MOTION TO DEEM REQUEST FOR
ADMISSION ADMITTED
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Santa Monica - west Distr.ict

civil Division
CAS E HIS TOR Y
Date Activity
MTN TO QUASH O/C PER M/P ON 6-26
07/12/07 EVE~t Complete

Motion Denied
DEPOSITION
2) MOTION TO DEEM REQUEST FOR
ADMISSION ADMITTED
MTN TO QUASH O/C PER M/P ON 6·-26
07/12/07 Document F'iled

PUR TO CCP 170.3 AS TO JUDGE

JACQUELINE A. CONNOR

Order MEMO
Court
DENYING PEREMPTORY CHALLENGE AND

STRIKING STATEMENT OF
DISQUALIFICATION AND VERIFIED
ANSWER IS SIGNED BY: JACQUELINE A.
CONNOR, JUDGE

Response MEMO
TO OPP TO MTN ~OR PROTECTIVE ORDER

M/P COUNTRYWIDE
PAGE: 70 01/07/10 14:59:05

CAS E HIS TOR y REP 0 R or
Civil Division
CAS E HISTO};,Y
Date Activity

TO DECr, BY PLNTF
On Behalf of ZERNIK, JOSEPH DefEjndant

Filed By Zernik, Joseph Def~ndant, & Defendant in

Response MEMO
TO MEMO OF POINTS AND SUTHORITIES
IN MTN TO EXPUNGE LIS PENDENS

$40.00
Other Pmnt:
Paid By Sheppard, Mullin, Richter & Eampton Attorney for Plaintiff

Response MEMO
S"JR REPLY TO MTN TO EXPUNGE LIS
PEKDENS


Notice MEMO
PAGE: 71 01/07/10 14:59:05

8anta Monica - West District

Civil Division
Case Number: SC087400 NIVIE SAMAAN VB. JOSEPH Z~RNIK
CAS E HIS TOR Y
Date Activity
OF ORDER

Filed By Sheppard, Mullin, Richter & Hampton AttQrney for Plaintiff
07/23/07 Event
B:30 am
DEFENDANT (JOSEPH ZERNIK) MOTION TO EXPUNGE LIS
PEl,mENS;
MOVING PARTY (COUNTRYWIDE) MOTION FOR PROTECTIVE

ORDER;
All parties acknowledge receipt of the Court's

tentative ruling and submit on the tentative lfuling.
The motion. of defendant Joseph Zernik to expunge lis

pendens is DENIED. Defendant has failed to
establish that the Court's previous ruling on
November 9, 2006 was based on fraudulent or fqlse
evidence presented by plaintiff. Defendant h~s also
failed to show that the lis pendens was not p:z;operly
served. Counsel for plaintiff is ordered to ~ive
notice of this ruling.

protective order is GRANTED. Defenda.nt Joseph
Zer:nik is directed to communicate solely with
no other officers or employees regarding the ~resent
action. The proposed order is signed and effJctive
as of this date. Counsel for Countrywide is ~rdered
In this ca.se, defendant moves to expunge the :].is

pendens arguing that plaintiff cannot establish the
PAGE: 72 01/07/10 14:59:05


civil Division
CAS E HIS TOR Y
Date Activity
probable validity of her claims. ZEPBIK asserts

that plaintiff failed to timely remove the appraisal
contingency which gave him the right to cancel the
escrow. He further argues that plaintiff's
opposition to the prior motion to expunge was based
on fraudulent arguments and documents. However, the
declarations and evidence provided by plaintiff
continue to raise a question as to whether ZEI\NIK
had submitted a fully executed copy of the Pu~chase
Agreement to Mara Escrow as of October 22, 20d4.
The documents submitted by defendant simply do not
establish that plaintiff has engaged in any fraud or
failed to properly serve the lis pendens on him.
Again, the:r-e are too many factual issues that cannot
be decided here, including whether SAMAAN was
aready, willinq and ableo to proceed with the
purchase of the property. Therefore, the motion to
expunge lis pendens is DENIED.
COUNTRYWIDE seeks a narrowly tailored protective

oro.er requiring that ZERNIK direct aJ.l future
communications to COUNTRYWIDE's desi9nated counsel
ane. precluding him from directly phoning, e-mailing
or otherwise contacting its represented officers and
e'11ployees. First, the motion is properly sup~orted
by the declarations of in-house counsel Todd A.
Boock and attorney of record John W. Amberg, which
set forth first-hand experiences with and actions
taken in response to ZERNIK's conduct towards
COUNTRYWIDE. Second, the Court finds that
COUNTRYWIDE has shown "good cause" for the
protective order sought. ZERNIK has failed to
establish the validity of his communications with
C8l~TRYWIDE's officers and employees. If
C8l~TRYWIDE has failed to comply with a discovery
obligation, ZERNIK's recourse is to file a discovery
motion with the Court. Any assertion that
COUNTRYWIDE is somehow involved in wrongdoing is not
supported by anything other than hearsay and
conjecture. Moreover, since ZERNIK is representing
himself in this action, his assertion that
PAGE: 73 01/07/10 14:59:05


ci vil Di visi on
If
II Case Number: SC087400 NIVIE SAMAA.1\J VS. JOSEPH ZEj.lliIK
;
[I
CAS E HIS TOR Y
Date Activity
COUNTRYWIDE is improperly applying attorney

standards to him is not well taken. A litigant
appearing in propria persona is generally held to
the same restrictive rules and procedures as a;n
attorney. the rules of civil procedure must appJy
equally to parties represented by counsel and those
~m forgo attorney representation; such a party is
to be treated like any other party and is entitled
to the same, but no greater consideration than other
litigants and attorneys. (Rappleyea v. Campbell
(1994) 8 Cal.4th 975, 984-985; see Barton v. New
United Motor Mfg. (1996) 43 Cal.App.4th 1200, 1210.)
COUNTRYWIDE has a right to be protected from

unwarranted annoyance, embarrassment or oppression.
Since the protective order sought simply directs
ZERNIK to communicate with COUNTRYWIDE's designated
counsel, there is nothing to show any infringement
on ZERNIK's free speech or other rights.
Defendant requests for ruling on Evidentry

Objections.
The Court decli.nes to rule on the Evidentry

Objections. The Court finds the Evidentry
Objections are not properly filed pur-suan to Rules
of Court 3.13.54.
Counsel for Plaintiff is ordered to 9ive notice.
2) M/P COUNTRYWIDE/MOTION FOR

PROTECTIVE ORDER

Motion Denied
2) M/P COUNTRYWIDE/MOTION FOR

PROTECTIVE ORDER
PAGE: 74 01/07/10 14:59:05

Civil Division
fr
II Case Number: 8C087400 NIVIE Sl~ VS. JOSEPH ZE~IK
II ===================
CAS E HIS T () R Y
Date Activity

FOR AN ORDER APPOINTING A DISC

REFEREE DURING THE DEPOSITION OF
DEFENDANT
$40.00
Other Pmnt:
!
07/24/07 Even t
Jacqueli.ne A. Connor
8:30 am
PLAINTIFF I S (NIVIE SAMAAN) EX PARTE l'.PPLICATION FOR
AN ORDER APPOINTING A DISCOVERY REFEREE DURINq 'I;HE
DEPOSITION OF DEFENDANT JOSEPH ZERNIK; OR IN ~HE
ALTERNATIVE, FOR AN ORDER SHORTENING TIME ON
PLAINTIFF'S MOTION;
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLICATJiON FOR

COrv:PELLING SANCTIONS PRODUCTION OF DOCUMENTS AND
SETTING SANCTIONS;
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLICAT~ON TO

LE1I.VE TO AMENDj ALTERNATIVELY FOR SHORTENED NOTICE
PRIOR TO AUGUST 9, 2007;
The Court reads and considers the moving pape~s and

oppositions off the record.
Plaintiff's ex parte application to appoint a

discovery referee during the deposition of Defendant
PAGE: 75 01/07/10 14:59:05

CAS E HIS TOR Y REP 0 R 'l;'

civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE;RNIK
CAS E HIS T 0 Fl Y
Date Activity
Joseph Zernik is GRANTED.
Both parties are ordered to provide the Court with
a list of three Referee names for the Court tq select

one, if the parties cannot Stipulate to a Ref~ree.
The List of Referee names is to be fi.led not later

than the close of business today.
Defendant's ex parte application for leave to amend

i:3 DENIED.
Defendant's ex parte application for sanctions is
DENIEC.
Notice is waived.
07/24/0'7 Document Filed


Opposition
Attorney for Objector

Opposition MEMO
TO DEFT'S EX PARTE APPL
07/24/07 Dqcwnent Filed

EX-Parte Application
Plaintiff & Plaintiff In Pro Per

Motion Granted in Part
PAGE: 76 01/07/10 14:59:05

CAS E HIS TOR Y REP () R 'l,'
Civil. Division
II
It
CAS E HIS TOR Y
Date Activity

Notice of Ruling
Attorney for Intervenor

Opposition MEMO
Real Parties in Interest
( BY COUNTRYWIDE HOME LOANS)

Opposition MEMO
TO DEFT'S EX PARTE APPL TO MOVE

TaE HEARING DATE FOR MOTION FOR
LEAVE TO AMEND THE COMPLAINT
Document Filed
07/25/07
Notice
On Behalf of ZERNIK, JOSEPH Def~ndant
Filed By Zernik, Joseph Def~ndant, & Defendant in

Notice MEMO
OF ZERNIK I S PROPOSED POTENTIAr~

DISCOVERY REFEREES FOR DEPO
On Behalf of ZERNIK, JOSEPH Def~ndant


Opposition MEMO
PAGE: 77 01/07/10 14:59:05

Civil Division
CAS E HIS TOR Y
Date Activity
TO IvJSJ
On Behalf of ZERNIK, JOSEPH Defepdant

Filed By ZernLk:, Joseph Defepdant, & Defendant In
07/26/07 Document Fj.led

Separate Statement of Undo Facts MEMO
IN SUPPORT OF OPP TO MSJ

07/26/0"] Document Fi.led

Defenda.nt, & Defendant in Pro Per
TO EVIDENCE SUBMITTED IN SUPPORT
OF MSJ


Declaration MEMO
IN SUPPORT OF OPP TO MSJ


Opposition
$40.00
Other Pmnt
PAGE: 713 01/07/10 14:59:05


civil Division
Case Number: SC08'7400 NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E HIS TOR Y
Date Activity
Posted By Zernik, Joseph Defendant, & Defendant in


Ex-Parte )~pplication MEMO
by Non-Party, Victor Paraty
07/27/07 Event
8:30 am
DEFENDANT'S (JOSEPH ZERNICK) EX PARTE APPLICAT;I:ON
REQUESTING SHORTENTED NOTICE HEARING OF MOTION
PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 128.7
PRIOR TO CURRENT HEARING DATE OF PLATIFF'S MOT;rON
FOR SUMMARY JUDGMENT;
NON-PARTY (VICTOR PARKS) EX PARTE APPLICATION FOR

ORDER TO SHOW CAUSE RE COMPENSATORY AND PUNITIVE
SANCTIONS AGAINST DEFENDANT ZERNIK FOR ABUSE OF
THE EX P~~TE PROCESS;
The Court reads and considers the moving paper$; and

Non-Party, Victor Parks' ex parte application is

DENIED WITHOUT PREJJDICE. The Court finds the moving
paper is inappropriate as and ex parte application
and should be a noticed motion.
Defendant, Joseph Zernik's motion is DENIED. The

Court finds the Objections were not in con~lia~ce
with California Rules of Court 3.1.54(c). ther~fore
the Court did not rule on them.
PAGE: 79 01/07/10 14:59:05

CAS E HIS T a H Y REP 0 R '11
Civil Division
Ii
II
CAS E HIS TOR Y
Date Activity
Moving parties are ode red to give notice.

Motion Denied

PI:"NTF LIST OF EEFEREES TO PRESIDE
OVER THE DEPOSITION OF JOSEPH
ZERNICK
On Behalf of SAMAAN, NIVIE Pla~ntiff

Filed By Sheppard, Mullin, Richter & Hampton Attdrney for Plaintiff

TO SHORTEN TIME FOR NOTICE OF
HEARING ON MOTION PUR TO 128.7 CCP

Opposition
07/27/07 Journal. Entry

MEMO
$40.00
Other Pmnt
POST BY JOSEPH BAKSHANDAEH, ESQ
FOR NON PARTY - VICTOR PARKS
PAGE: 80 01/07/10 14:59:05

CAS E H I S TOR Y REP 0 R T
civil Division
fr
I' 'I
CAS E HISTOFtY
Date Activity
07/27/07 Event
Non-Appearance (Case Review)
8:30 am
NON APPEARANCE CASE REVIEW;
The Court is in reciept of proposed potential

discovery referee list, for deposition.
Accordingly, the Court apppoints Judge, GREGORY

O'BRIEN as discovery referee for the Depositidn.,
It is so ordered.
Dated: July 27, 2007.

Jacqueline A. Cortnor
.:rudge of the Superiolt Court

NOTICE OF ENTRY OF ORDEH

above-entitled court, do hereby certify that j am not
served Notice of Entry of the above minute or4er of
deposit.ing in the United States mail at the courthouse
in SANTA MONICA, California, one copy of the
for each, addressed as shown below with the posiage
MOE KESHAVARZI
SHEPPARD, MULLIS RICHTER & HAMPTON, LLP
333 SOUTH SOUTH HOPE STREET, 48TH FLOOR
PAGE: 81 01/07/10 14:59:05

CAS E HIS TOR Y Rl:i:PORT
Ci vil Division
[I II
II Case Numbe:r: SCOB7400 NIVIE SAMAAN VS. ;roSEPH ZERNIK II
I' _ II
CAS E HIS TOR Y
Date Activity
JOSEPH ZERNIK
INPHOPRIA PERSONA
320 S. PECK AVENUE
BEVERLY HILLS, CALIFORNIA 90212
Date: ~ruLY 27, 2007
.John A. Clarke, Executive Officer/Clerk
By:
V. JAIME

Completed

Opposition MEMO
TO MTN FOR LEAVE
Filed By Cave, Bryan Atto+ney for Intervenor

Opposition MEMO
TO MTN FOFt LEAVE TO AMEND
On Behalf of SllMAAN, NIVIE Plaintiff



Opposition MEMO
PAGE: 82 ~1/07/10 14:59:05

CAS E HIS TOR Y REP 0 R ~

Civil Division
II
!
II
CAS E HIS TOR Y
Date Activity
TO DEFT'S EX PARTE

Opposition MEMO
FOR. COUNTRYWIDE HOME LOANS

08/01/07 Event
Exparte proceeding
John L. Segal
8: 30 am
DEFENDANT/CROSS-COMPLAINANT,JOSEPH ZERNIK'S EX PARTE
APPLICATION FOR HEARING ON A MOTION TO CONTINUE THE
HEARING ON PLAINTIFF'S MOTION FOR SID1MARY JUDGMENT OR
IN THE ALTERNATIVE, FOR A SHORTENED NOTICE HEARING ON
A MOTION TO CONTINUE THE HEARINGS SCHEDULED FOR
8/9/2007:
Matter is called @ 0900 AM.
Defendant and moving party is IJATE.
The above-captioned ex parte application is continued

to 8/2/2007 at 0830 AM in Department West--O.
Defendant/Cross-Complainant, J'OSEPH ZERNIK is ordered

to give notice.
Parties stipulate that notice may be made by FA4 for

this instance only.

Exparte proceeding
PAGE: 83 01/07/10 14:59:05

Civil Division
Case NUlnber: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK II

IJ
;
CAS E HIS T 0 F. Y
Date Activity
Continued by Court
08/0l/07 Scheduled Event

Exparte proceeding
John L. Segal
08/02/07 at 8:30 am
08/02/07 Event
Exparte proceeding
John L. Segal
8:30 am
DEFENDANT/CROSS-COMPLAINANT.JOSEPH ZERNIK'S EX PARTE
APPLICATION FOR HEARING ON A MOTION TO CONTINUE THE
HE~RING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
OR,IN THE ALTERNATIVE, FOR A SHORTENED NOTICE HEARING
ON A MOTION TO CONTINUE THE HEARINGS SCHEDULED FOR
8/9/2007:
Matter is called.
After discussions between court and respective parties

the court takes the matter under submission.
Later ... in the above matter heretofore submitted,

defendant's above-captioned Ex Parte Application is
DENIED.
Clerk to give notice.


above-·entitled court, do hereby certify that i am not
8/2/2007 upon each party or counsel named below by
depositing in the United States mail at the cou:rrthouse
for each, addressed as shown below with the pQstrage
PAGE: 84 01/07/10 14:59:05

Civil Didsion
Ii
II Case Number: SC087400 NIVIE SAMAAN VS. J'OSEPH ZER,NIK
U I II
CAS E HIS TOR Y
Date Activity
Date: 8/2/2007
By:
Manny Mabunga
JENNIFER JORDAN,ESQ.
Sheppard Mullin
333 South Hope Street, 48th Floor
Los AnS'eles, Ca 90071-1448
JOSEPH ZERNIK
230 S.Peck Avenue
Beverly Hills, Ca 91212
,:rE:WA MOLDAWSKY, ESQ.

Brya.n Cave,LLP
120 Broadway,Suite 300
Santa Monica, Ca 90401-2386

Defendant and Cross-Complainant

EVIDENTIARY OBJECTIONS
08/02/07 Bvent Complete

Expa.rte proceeding
Completed
PAGE: 85 01/07/10 14:59:05

CAS E HIS TOR. Y REP 0 R T

civil Division
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERN~K II
II JI
CAS E HIS TOR Y
Date Activity

Opposition MEMO
TO EX PARTE

REPLY BRIEF IN SUPPORT OF HER

MOTION FOR SUMMARY JUDGMENT.

Filed By Sheppard, Mullin, Richter & Hampton Attqrney for Plaintiff
08/03/07 Documen t F.i 1 ed

PLAINTIFF'S EVIDENTIARY OBJECTIONS

TO THE DECLARATION OF JOSEPH
ZERNIK.

Filed By Sheppard, Mullin, Richter & Hampton Attdrney for Plaintiff
08/03/07 Documen t F.i 1 ed

Response MEMO
PLAINTIFF RESPONSE TO DEFENDANT

ADDITIONAL MATERIALLY DISPUTED
FACTS OFFERED IN SUPPORT OF HIS
OPPOSITION TO PLAINTIFF'S MOTION
FOR Sl~Y JUDGMENT.
PAGE: 86 01/07/10 14:59:05

CAS E HIS TOR Y REPORT,
Civil Division
rr
It IJ
CAS E HIS TOR. Y
Date Activity
On Behalf of SAMAAN, NIVIE Plaint,iff


DEFENDANT .JOSEPH ZERNIK' S

REPLY MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
MOTION FOR LEAVE TO AMEND.

Filed By Zernik, Joseph Defdndant, & Defendant in
08/09/07 Event I
Motion for Summary Judgment MEMO

Jacqueline A. Connor I
8:30 am
PIJAINTIFF (NIVIE SAMAAN) MOTION FOR SUMMARY
JUDGMENT;
DEFENDANT'S (JOSEPH ZERNIK) MOTION TO LEAVE Tq FILE

~qENDEDCOMPLAINT
All parties acknowledge receipt of the Court'~

tentative ruling and the matter is argued.
The Court announces Its ruling as to Evidentr}f

Objections as follows:
Plaintiff's Evidentry Objections are SUSTAINE~

except 3,6,8,10, 18, 23, 31, 32, 40, 44, 46, 49 and
50 are OVERRULED.
Defendant's Evidentry Objections are OVERRULED

except for 7, 31 (pg 30) and 35 (pg 31) are
SUSTAINED.
PAGE: 87 01/07/10 14:59:05


civil Division
Ir II
l~ II
CAS E HIS TOR Y
Date Activity
After argument, the Court adopts Its tentative

ruling as the final order of the Court as follows:
The motion of plaintiff Nivie Samaan for summary

judgment is GRANTED. The motion of defendant Joseph
Zernik for leave to file a First Amended Cross
Complaint is DENIED. Counsel for plaintiff is
ordered to ~ji ve notice of these rulings.
The Court finds that plaintiff has met her summary

judgment burden by proving each element of her claim
for specific performance, entitling her to judgment
on that cause of action. Defendant has failed to
respond with specific facts, supported by properly
c.uthenticated evidence, demonstrating a triable
issue of material fact exists as to plaintiff's
cause of action or an affirmative defense.
A purchaser who fulfills all obligations, except for

timely depositing the purchase price in escrow, will
not be denied specific performance if that failure
i.s attributable to the seller's substantial
noncompliance with his escrow obligations. (Ninety
Nine Investments Ltd. v. Overseas Courier Service
(Singapore) Private, Ltd. (2003) 113 Cal.App.4th
1118, 1134;Galdjie v. Darwish (2003) 113 Cal.App.4th
1331, 1343.
The declarations of Gail Hershowitz, Victor Parks,

and Maria McLaurin support the contention that Ms.
Samaan was not provided with a fully executed
purchase ag:ceement, the "Residential Purchase
Agreement and Joint Escrow Instructions" in
particular, until some time after 3:42 p.m. on
October 22, 2004. These declarations are, in tqrn,
supported by the fax from Ms. Hershowitz at MaJ;"a
Escrow dated October 22, 2004 at 3:42 p.m. (Moving
Papers, Exhibit 24) and the fax from Victor Parks to
Countrywide on October 25, 2004 (Opposition, Exhibit
tJ). Ms. Hershowitz states that, at the time of her
PAGE: 88 01/07/10 14:59:05

Civil Division
11
Case Number: SCOB7400 NIVIE SAMA~~ VS. JOSEPH ZERNIK II
Ij
CAS E HIS TOR Y
Date Activity
fax at 3:42 p.m. on October 22, 2004, Mr. Zern1k had

continued to fail to provide Mara Escrow with a
ful~y executed copy of the purchase agreement. Ms.
McLaurin states that, by October 25, 2004, all loan
approval conditions had been met by Ms. Samaan
except for the provision of a fully executed
purchase agreement. Based on this evidence, the
Court finds that Mr. Zernik's noncompliance caused
the delay by Ms. Samaan in removing the appraisal
contingency.
As of October 25, 2004, Ms. Samaan had fulfilled all

obligations, except for removal of the appraisal
contingency. The appraisal contingency could not be
removed until Ms. Samaan received loan approva~.
Approval of the loan was delayed because Count:l:ywide
had not received a fully executed copy of the
purchase agreement. Despite multiple requests li;>y
Victor Parks and/or Ms. Samaan to Mara Escrow to
provide the executed purchase agreement, it wa~ mot
provided until the late afternoon or evening at
October 22, 2004 because Mr. Zernik had not signed
or initialed the "Residential Purchase Agreemer;J.t and
.Joint Escrow Instructions" until then. Ms. SamaaN 's
failure to remove the appraisal contingency until
5:18 p.m. on October 25, 2004 was solely
attributable to Mr. Zernik's noncompliance and~
therefore, she is entitled under the law to specific
performance. Repeated contentions by Mr. Zernik that
his signature on the second counter-offer was
fmfficient to complete the purchase agreement is
f3imply not supported by any authority or expertj:
declaration, but in fact is directly contradicted by
the declarations of Mr. Parks and Ms. McLaurin.
Additionally, Ms. Samaan faxed her final contingency

removal to Michael Libow at 5:18 p.m. on October 25,
2004. Mr. Zernik's cancellation instructions w~r~
not faxed to Ms. Samaan by Mara Escrow until 5J23
p.m. on October 25, 2004. Mr. Zernik's contention
that he canceled the deal by fax on October 21,
PAGE: 89 01/07/10 14:59:05

C .A S E HIS TOR Y REP 0 R T
Civil Division
II 11
II Case Number: SC08'7400 NIVIE SAMAAN VS. JOSEPH ZERNIK II
[t IJ
CAS E HIS TOR Y
Date Activity
2004, is not supported by the undisputed record of

events. In his initial fax, Mr. Zernik simply stated
that: he would be requesting that his realtor, Mr.
Libow, prepare cancellation instructions. This fax
was followed by ongoing conversations between ~he
parties regarding documents. This fax reflecte<;1, at
most, a statement of future action, which did not
occur until October 25, 2004. Nothing in Mr.
Zernik's fax indicated that he was canceling efPcrow
immediately or as of that or any date.
Finally, Mr. Zernik's fraudulent inducement claim,

based on an allegedly fraudulent loan
prequalification letter by Victor Parks dated
September 7, 2004, is no more than a red herring.
Mr. Zernik did not cancel escrow based on any
question regarding Ms. Samaan's prequalification in
September 2004. As set forth above, Ms. Samaan had
obtained loan approval on October 25, 2004 and final
approval on October 29, 2004, before the escrow
closing date of November 1, 2004. Ms. Samaan h<jl.s
also provided uncontroverted evidence establishing
her current ability to purchase the property.
(Canino Declaration.)
~vhile there were dubious actions on both sides, it

is ultimately clear that Mr. Zernik's own actions
caused the delay in loan approval and resulting
delay in Ms. Samaan's ability to remove the
appraisal contingency, the concededly sole basis for
Mr. Zernik's cancellation of escrow. The evidence
shows that Ms. Samaan was ready, willing and able to
complete the purchase by the November 1, 2004
closing date and is presently ready, willing and
able as well. Therefore, the motion for summary
judgment must be GRANTED.
Hith respect to Mr Zernik's motion to amend, Mr.

Zernik has not complied with CRC Rule 327(a).
Further, while leave to amend a complaint is usually
liberally granted, the application for leave to
PAGE: 90 01/07/10 14:59:05


civil Division
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE~NIK
II
CAS E HIS TOR Y
Date Activity
amend is to be made as soon as the need to amend is

discovered. If the party seeking the amendment has
been dilatory and the delay has prejudiced the
opposing party, the Court has the discretion to deny
leave to amend. A long, unwarranted and unexcused
delay in presenting it is a good reason for denial.
There are no compulsory cross-complaints against

parties other than plaintiff. A defendant can brDss
complain against a co-defendant or third person not
yet a party to the action only if the cause of
action asserted: (1) arises out of the same
transaction, occurrence or series of ;cransactions or
occurrenceB (set forth in the complaint); or (?)
asserts a claim, right or interest in the prop¢rty
or controversy which is the subject of the actioti
brought against him (Code of Civil Procedures
Section 42B.10(b).) with a good faith qualification.
Gherman v. Colburn (1977) 72 Cal.App.3d 544, 558. A
strong showing of bad faith supports a denial of the
right to file. (Foot's Transfer & Storage Co. v.
Superior Court (1980) 114 Cal.App.3d 13971, 902.1903.
The Court finds that Mr. Zernik has not been

diligen~ in seeking leave to file a first amended
cross-complaint adding six new causes of action and
seven new cross-defendants. Mr. Zernik states tihat
the most important discovery bringing the new
allegations to light was gleaned from Countryw~de.
However, the majority of that discovery was produced
in Augus': 2006 and the rest in February 2007. This
motion was not filed until June 26, 2007.
Second, the Court finds that there is substantial

evidence to show that Mr. Zernik is not acting iIi
good faith. Mr. Zernik filed an answer and cross
complaint on February 6, 2006. He then stalled
discovery efforts by refusing to allow plaintiff or
others to conduct an inspection of the property at
i.ssue and refusing to appear for deposition without
a Court order. The Court continued motions to compel
PAGE: 91 01/07/10 14:59:05

CAS E HIS TOR Y REP 0 R '.L'
Ci vii Division
Ii II
II II
CAS E HIS TOR Y
Date Activi.ty
discovery to April 26, 2007 as a result of Mr.

Zernik's request for additional time to respond,
then he failed to file opposition. The Court h1as
also had to address the issue of appointing a
referee to conduct ongoing depositions because of Mr
Zernik's unwarranted personal attacks during
depositions. Further, on July 23, 2007, the Court
had to issue a protective order in favor of
Countrywide due to the number of improper
communications attempted by Mr. Zernik with
Countrywide officers and employees. Most recently,
Mr. ZerLik contends that his own opposition paperS
to plaintiff's summary judgment motion were tampered
wi.th or altered prior to being filed with the COllrt,
though he has taken no position as to what he s::laims
was altered, and, on August 2, 2007, he filed ~n ex
parte application before Judge John L. Segal s~eking
to continue the August 9th hearing date for th~
summary judgment motion. This motion 'Nas properly
denied.
Based on the long and contentious history of the

litigation between Ms. Samaan and Mr. Zernik, the
request to file a first amended crosso-complaint less
than 30 days before trial, opening up an entirely
new field of inquiry with multiple new parties; is
found to be a tactical, strategic maneuver to
further delay this action and the specific
performance sought by plaintiff. The motion is
DENIED.
Order Granting Summary Judgment in favor of Pl~intiff

Nivie Samaan is signed and filed this date and a
conformed copy given to Plaintiff and Defendant in
open court.
Judgment by Court pursuant to Code of Civil

Procedures Section 437c is signed and filed this
date and a conformed copy is given to Plaintif1 ~nd
Defendant in open Court.
PAGE: 92 01/07/10 14:59:05

, ,
CAS E HIS 'l1 0 R Y RE PORT

•• I •
Cl. yl.l, Dl. vision
I, ==jl
II Case Number: SC087400 NIVIE
j
SAMAAN VS. JOSEPH ZERNIK II
II ::_='.1
CAS E HIS TOR Y
Date Activity
I
The Court notes the only remaining pa.rties are, the
Cross-Complaint as to Cbldlwell Banker Residential
Brokerage and Michael Llb6w.
Accordingly, Final Status Conference set for August

30, 2007 is to remain.
Counsel for Plaintiff tb ~ive notice of the Court's

rulings.
2) MOTION FOR LEAVE

Motion for Summary Judgmept MEMO
Motion Granted in Part
2) MOTION FOR LEAVE

Motion for Sanctions

MEMO
$40.00
Other Pmnt
MTN FOR SANCTIONS


Order MEMO
Court
GRANTING SUMMARY JUDGMENr IN
PAGE: 93 01/07/10 14:59:05

CAS E HIS TOR Y Rl~PORT
Santa Monic9 - West District
Ci vil Di vi si on
==--,1
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK II
= =.. 'I
CAS E HIS TOR Y
Date Activity
FAVOR OF PLAINTIFF NIVIE SAMAAN

Judgment MEMO
Court
BY COURT PURSUANT TO CCp ~ECTION

473C IS SIGNED BY: JACQUELINE A.
CONNOR, JUDGE

Motion in Limine

Filed By LAW DEPT. COLDWELL BANKER RES. BROKERAG Attorney for Cross-·Defend

Notice MEMO
OF WITHDRAW OF MTN TO BIFURCATE
TRIAL

Filed By LAW DEPT. COLDWELL Bl1NKER RES. BROKERAG Attorney for Cross-Defend

Notice MEMO
NOTICE OF ORDER

Filed By Sheppard, Mullin, Richt:.er & Hampton Attorney for Plaintiff
PAGE: 94 01/07/10 14:59:05

CAS E HIS 'I! 0 R Y R:E:PORT
Santa Mon~c4 - West District
Civi~ Division
II
I'
CAS E HIS TOR Y
Date Activity
08/14/07 Event
8: 30 am
PLAINTIFF'S (NIVIE SAMAAN) EX PARTE APPLICATION FOR
ENTRY OF JUDGMENT;
(FSC: 8/30/07 TRIAL: 9/7/07)
Matter is read, considere~, and continued to August

21, 2007 at 8:30a.m. in Department WEI.
Defendant arrives late.
Plaintiff's counsel is to give notice.
$40.00
Other Pmnt

FOR ENTRY OF JUDGMENT


Motion continued

08/21/07 at 8:30 am
PAGE: 95 01/07/10 14:59:05

CAS E HIS TOR Y R !E: P 0 R T
Civilj Division
Ii :============ II
1\ Case Number:
SC087400 NIV]E SAMAAN VS. JOSEPH ZERNIK II
l.!::1'============================= IJ
CAS E HIS TOR Y
Date Activity
Document Filed
08/25/07
Notice of Ruling

Defendant, & Defendant ~n Pro Per
for the court to issue ~uil and

complete evidentiary rulings for
plaintiff's motion for summary
judgment heard August 9, 2007, to
allow sufficient time for review

prior to entering of judgment, and
$40.00
Other Pmnt

Opposition MEIYJO
to defendants ex parte application

for release of full and complete
evidentiary rulings in motion for
summary judgment
PAGE: 96 01/07/10 14:59:05

CAS E HIS TOR Y RJ~PORT
Santa Moni,ca - West District
Civil Division
--,1
Case Number: SC087400 NIVTE SAMAAN VS. .JOSEPH ZERNIK II
==---.JI
CAS E HIS TOR Y
Date Activity

J·ohn L. Segal
08/16/07 at 8:30 am
08/26/07 Event
John L. Segal
8:30 am
DEFENDANT'S JOSEPH ZERNIK EX PARTE APPLICP.TION FOR
THE COURT TO ISSUE FULL AND COMPLETE EVIDENTIARY
RULINGS FOR PLAINTIFF'S MOTION FOR SU~{Y JUDGMENT
HEARD AUGUST 9, 2007, TO ALLOW SUFFICIENT TIME FOR
REVIEW PRIOR TO ENTERIN@ OF JUDGMENT, Am) JOINT
STIPULATION AND PROPOSED ORDER;
The matter is called for nearing and continued to

AUGUST 21, 2007 at 8:30 a.m., in Department WE-I.
Notice is waived.

Continued

08/21/07 at 8:30 am
DEFENDANT'S EX PARTE APPDICATION
FOR THE COURT TO ISSUE FULL AND
COMPLETE EVIDENTIARY RULINGS FOR
PLAINTIFF'S MOTION FOR SUMMARY
JUDGMENT HEARD AUGUST 9, 2007, TO

ALLOW SUFFICIENT TIME FOR REVIEW
PAGE: 97 01/07/10 14:59:05

CAS E HIS TOR Y R]~PORT
Ci Jil Division
==0
Case Number: SC087400 NIVr'E S.AMAAN VS. ,JOSEPH ZERNIK II
:=.-.JI
CAS E HIS TOR Y
Date Activity

09/10/07 at 8:35 am
08/21/07 Event
MEMO
8:30 am
PLAINTIFF'S (NIVIE SAMAAN) EX PARTE APPLICATION FOR
ENTRY OF JUDGMENT;
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLICATION FOR

THE COURT TO ISSUE FULL AND COMPLETE EVIDENTIARY
RULING FOR PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
HEARD AUGUST 9, 2007, TO ALLOW SUFFICIENT TIME FOR
REVIEW PRIOR TO ENTERING mJDGMENT, AND JOINT
STIPULATION AND PROPOSED ORDER;
Plaintiff's Ex-Parte Application For Entry of Judgment

is called for hearing and granted.
The court orders judgment filed today.
Defendant's above captioned Ex Parte Application is

called for hearing and denied. All full and complete
rulings on evidentiary objections have been placed
in the court record as 'of' August 9, 2007.
Final Status Conference remains set for August 30,

2007 at 8:30 a.m. in D~partment WEI. A Status
Conference regarding appointment of referee to assist
with escrow is to be hea~d the same date.
Parties are to submit proposed names of agreed upon

referees at the next hearing.
Notice is waived.
PAGE: 98 01/07/10 14:59:05

CAS E HIS T' 0 R yo REP 0 R T

Ci.);il Division
Case Number: SC087400 NIV~E SAMAAN VS. JOSEPH ZERNIK
CAS E HIS TOR yo
Date Activity
Later:
The Court vacates its previous order regarding

Plaintiff's Ex-Parte Application for Entry of
Judgment as it is moot.
A review of the court file indicates that the Judgment

was signed and filed on August 9, 2007.
The clerk is to send noti~e.
CLERK'S CERTIfI~ATE OF M1\ILING/

above-entitled court, db hereby certify 'that I am not
a party to the cause he~ein, and that this date I
depositing in the Unitep. States mail at the courthouse
in Santa Monica, Califo~n~a, one copy of the
for each, addressed as shpwn below with the postage
Date: August 21, 2007
By:
L. Adornato
MOE KESHAVARZI
LOS ANGELES, CA 90071
JOSEPH ZERNIK
320 S. PECK AVENUE
PAGE: 99 01/07/10 14:59:05

CAS E HIS TOR Y R:E~PORT
Civil Division
Ii '=============0
" Case Number: SC087400 NIVIE SAMAAN VS .•JOSEPH ZERNIK II
.l!:11========================= ==_.-----ll
CAS E HIS TOR Y
Date Activity
BEVERLY HILLS, CA 90212

Granted & denied in part/1ss.Cont.
Document Filed
08/21/07
Filed By Hoffman, Edward A. Former Attorney for Defen

MEMO
$40.00
Other Pmnt
MTN FOR RECONSIDERATION


Proof of Service . MEMO
Atty for Defendant andCross-Compl
OF NTC OF MTN FOR RECONSIDERATION


Opposition MEMO
PAGE: 100 01/07/10 14:59~05

Civil Division
CAS E HIS TOR Y
Date Activity
TO DEF. 's MOTION FOR SANCTIONX

On Behalf of S ~ , NIVIE Plaintiff

Atty for Defendant and Cr<;:Jss-Compl
08/28/07 LJournal Entry
$40.00
Other Prnnt

Order MEMO
GRANTING EX PARTE APPLICATION TO

CONTINUE THE TRIAL DATE IS SIGNED
BY: JACQUELINE A. CONNOR, JUDGE
08/28/07 Event
8:30 am
DEFENDANT/CROSS-COMPLAINANT (JOSEPH ZERNIK) EX PARTE
APPLICATION TO CONTINUE TRIAL DATE;

Defendant/Cross-Complainant I S ex parte a.ppllcation

to continue the trial date is GRANTED.
Accordingly, Jury Trial qet for September 7, 2007 is

advanced to this date anq. continued to January 11,
2008 at 9:30 a.m. in Dep4rtment WE"I".
PAGE: 101 01/07/10 14:59:05

Santa Monica West District
Civil, Division
II
I'
CAS E HIS TOR Y
Date Activity
Final Status Conference set for August 30, 2007 is

advanced to this date and continued to January 7, 2008
at 8: 30 a. m. in Department WE" I" .
Further Status Conference regarding appointment of

referee set for August 30/ 2007 is to remain.
Pursuant to oral motion of Defendant/Cro:~s-Complainant

Motion for reconsideratio:p. set for September 24, 2007
is ordered placed off calendar.
Specially appearing counsel for Defendant/Cross

Complainant is ordered to give notice.

Motion Granted

Motion for Reconsideration MEMO
REQUEST OF M/P

PLTFS LIST OF REFEREES TO PRESIDE

OVER ESCROEW AND EXECUTION OF
JUDGMENT

08/30/07 Even t
Hearing-Other MEMO
8: 36 am
STATUS CONFERENCE REGARD1NG REFEREE APPOINTMENT;
PAGE: 102 01/07/10 14:59:05

CAS E HIS TOR Y R H P '0 R T
Civil Division
:- II
Case Number: SC087400 NIVIE SAMAAN VS. ,JOSEPH ZERNIK II
.---.JI
CAS E HIS TOR Y
Date Activity
The Court appoint Honorab~e Greg O'Brien, Retired

Judge as Referee. The Court will prepare the Order
to appointing discovery referee.
Further Status Conference is set for October 4, 2007

at 8:30 a.m. in Department;: WE"I".
Notice is waived.
AND STATUS CONFERENCE RE: REFEREE
APPOINTMENT
JT: 9-07-07

Report-Status IVIEMO
8/30/07


Hearing-Other MEMO
Completed
AND STATUS CONFERENCE RE: REFEREE

APPOINTMENT
JT: 9-07-07

Order MEMO
Court
appointing referee is signed by:
PAGE: 103 01/07/10 14:59:05

Santa Monica, - West District
Civil Division
II
I'
CAS E HIS TOR Y
Date Activity
JACQUELINE A. CONNOR, JUDGE

MEMO
$40.00
Other Pmnt
[or specification of term9 of

appointment of escrow

09/04/07 .Tournal Entry

MEMO
$40.00
Other Pmnt
to correct erroneous notations

in mnute orders that def.
and x-complaint joseph ze~nik waiv
ed ntc of entry of judgmeht

Paid By zernik, Joseph Defendant, & Defendant in

ExParte Application MEMO
Defendant, & Defendant iq Pro Per
for specification of ter~ of

appointment of escrow referee


ExParte Application MEMO
PAGE: 104 01/07/10 14:59:05

Santa Monic'fl - West District
Ci vi.!!. Division
II
II
CAS E HIS T () R Y
Date Activity
to correct erroneous notation in

minute orders that def wa~ved
notice of entry of judgmeht or
of any other developments in this
case


FOR SPECIFICATION OF TERMS OF

APPOINTMENT OF ESCROW REFEREE

Opposition
09/05/07 Event
8:30 am
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLICATION
FOR SPECIFICATION OF TERMS OF APPOINTMENT OF ESCROW
REFEREE;
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLICATION TO

CORRECT ERRONEOUS NOTA~IONS IN MINUTE ORDERS THAT
DEFENDANT AND CROSS-COMPLAINANT JOSEPH ZERNIK WAIVED
NOTICE OF ENTRY OF JUGMENT, OR RULINGS, OR OF ANY
OTHER DEVELOPMENTS IN TH~S CASE;
The Court reads and cons~ders the moving papers off

the record.
Defendant's ex parte's a~plications are both denied.
PAGE: 105 01/07/10 14:59:05

CAS E HIS TOR Y Rll!:PORT
Civil Division
Ii ====----,1
I' ==============!J
CAS E HIS TOR Y
Date Activity
The Court's order regarding Defendant's Ex Parte

Application for Specifiq:ation of Terms of Appointment
of Escrow Referee is signed and filed this date
and incorporated herein.
Each side, if It desires :l.s invited to submit any

detailed specifications to the appointment order
within 7 days for the C~u~t's consideration.
Defendant/Moving Party is ordered to give notice.

Motion Denied

filing for the purpose of

immediate disqualificat~on of the
honorable judge connor pursuant: to
170.3


Notice MEMO
RE: DEF EXPARTE APPLIC FOR
SPECIFICATION OF TERM OF APPOINT
MENT OF ESCROW REFEREE
2) EXPARTE APPLIC TO CqRRECT
ERRONEOUS NOTATIONS IN ;MINUTE ORDR
FOR WAIVED NTC
PAGE: 106 01/07/10 14:59:05

C l~ S E HIS TOR Y REP 0 R T

civil Division
= ._
Ir
l!:
CAS E HIS TOR Y
Date Activity
j
Filed By Zernik, Joseph Defe~dant, & Defendant in
09/10/07 Event
R.ecusal MEMO
J·acqueline A. Connor
8:30 am
DEFENDANT (~JOSEPH ZERNIK) MOTION FOR SANCTIONS;
Matter is called for hearing. Both parties

acknowledge receipt of the Court's tentative r~ling
as follows:
The motion of defendant Joseph Zernik for sanc~ions

pun:mant to Code of Civil Procedures §128. 7 is .
DENIED. Plaintiff is ordered to give notice.
A party seeking sanctions under CCP §128.7 mus~
follow a two-step procedure. First, the moving party

must serve on the offending pa:rty a motion for
sanctions. Service of the motion on the offending
party be9ins a 30-day safe harbor period during
which the sanctions motion may not be filed with the
court. During the safe harbor period, the offe*ding
party may withdraw the improper pleading and tlhereby
avoid sanctions. If the pleadin9 is withdrawn, the
motion for sanctions may not be filed with the
court. If the pleading is not withdrawn during the
safe harbor period, the motion for sanctions m~y
then be fHed.
The purpose of the safe harbor provisions is to

permit an offending party to avoid sanctions by
withdrawing the improper pleading during the safe
harbor period. In order to effectuate the safe
harbor provisions, a party may not bring a mot~on
for sanctions unless there is some action the
offending party may take to withdraw the improper
pJ.eading. A sanctions motion may not be brought
after the conclusion of the case or a dispositiv~
PAGE: 107 01/07/10 14:59:05


civil Division
rf'====='
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI«
l! , I I
CAS E HIS TOR Y
Date Activity
ruling on the improper pleading. By definition,lhe

safe harbor provision cannot have any effect if the
court has already rendered its judgment in the c~se;
it is too late for the offending party to withdraw
the challenged pleading. (Malovec v. Hamrell (19~9)
70 Cal.App.4th 434, 440-441.)
SAl.\1AAN first argues that this motion must be den~ed

because the Court granted her summary judgment: I
motion. However, the correct principle to be
distilled from Malovec is that an order sustainirlg a
demurrer without leave to amend or granting summary
judgment does not bar a motion for §128.7 sanctions
unless the order is reduced to a judgment before the
sanctions motion is served and filed. (Banks v,
Hathaway, Perrett, Webster, Powers & Chrisman P(02)
97 Cal.App.4th 949, 953.) Since this motion was
served in April 2007 and filed on August 9, 2007, it
is not precluded under the principles of MalovecJ
SAMAAN next argues that the motion ZERNIK served in

April 2007 is not the same as the motion filed i*
August 2007 and, therefore, the safe harbor pe+i~d
runs from the filing date of the new and differe~t
motion. (Hart v. Avetoom (2002) 95 Cal.App.4th 4~O,
413.) However, SAMAAN has failed to attach the
motion that was served in April 2007 or provide
ir..dependent evidence to establish how the moti<;:m¥
are different. Page 32 of ZERNIK's motion was si~ned
on April 20, 2007 and again on August 9, 2007. There
iE: nothing to show that the pagination of the motion
is awry or that anything was added or changed.
However, this motion does fail for two reasons: (1)

it was served five months after the alleged
offending documents were submitted to the Court ~n
conjunction with defendant's motion to expunge l~s
pendens heard and denied on November 9, 2006; and
(2) there is absolutely nothing to show that the!
documents submitted by plaintiff were false,
improper, fraudulent.or lacking in evidentiary
PAGE: 108 01/07/10 14:59:05


civil Divis.i.on
11'=====
l.'======
NIVIE SAMAAN VS. JOSEPH ZE~t I 'I
C 1~ S E HIS or 0 R Y I I
Date Activity
support. Permitting a motion for sanctions to be

brought following judicial disposition of the ~
improper pleading would undermine the purpose of he
safe harbor provision. (Cromwell v. Cummings (1998)
65 Cal.App.4th Supp. 10, 14.) Second, this Court I
already considered and rejected the substantive
arquments made by ZERNIK, which were repeated in 'his
opposition to plaintiff's summary judgment motio~.
There is simply nothing to show that SAMAAN or hir
counsel of record, Moe Keshavarzi, engaged in
j
sanctionable conduct.
The motion for §128.7 sanctions is DENIED.
The Court orders the Defendant's Motion pursuant to

Code of civil Procedures Section 128.7 Stayed \.1-n il
further ruling by the newly assigned Court. I
The Court announces Defendant/Cross--Complainant Joseph

Zernik, has filed a 170.3 request to diSqUaliftylthe
Court this date. The Court despite the allegations
made in Mr Zerniks' declaration, without conced.ing
the disqualification statement, the Court believJs
I
that in the interest of justice, the Court should
recuse Itself on Its own Motion Pursuant to Codelof
Civil Procedures Section 170.3(c)2.
Pursuant to the Order of the Presiding Judge,

Honorable Gerald Rosenberg., the case is ordered
reassigned to the West Los Angeles Superior Court,
Department WE"H", Honorable Allan J. Goodman,
Judge presiding for all purposes.
Any and all future dates set in Department WE"j["lare

advanced to this date and ordered placed off
calendar.
Ol"P THE RECORD:
PAGE: 109 101/07/10 14:59:05
I
C JI. S E HIS TOR Y REP 0 R T
Civil Division
rr= I II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK "
l!:._ I II
CAS E HIS'rORY
Date Activity
Status Conference is set for October 10, 2007 at

8:30 a.m. in Department WE"H" at the West Los
Angeles Courthouse (Pursuant to the clerk in
Department WE"H")

of the

a party to the cause herein, and that this date ~
se:l:"ved Notice of Entry of the above minute order lof
9-10-07 upon each party or counsel named below oy
depositing in the United States mail at the cotirdhouse
in SANTA MONICA, California, one copy of the I
for each, addressed as shown below with the po~tJge
MOE KESHAVARZI
Date: SEPTEMBER 10, 2007
By:
v. JAIME
09/10/07 Event Comp.lete

Recusal MEMO
PAGE: 110 01/07/10 14:59:05


civil Divis:Lon
[ Case Number. SC087400 NIVIE SAMAAN VS. JOSEPH Z E 3 !I
CAS E HIS TOR Y
Date Activity
Motion Granted

Jury Trial MEMO
est time: 5-7 days

Final Status Conference MEMO
,JT : 1 - 11 - 0 8

l'>.dvanced to this date, o/c settled
,JT: 1-11-08


Notice MEMO
Clerk
NOTICE OF TRANSFER OF ACTION SENT

TO: ATTY FOR PLNTFF, l"IOE KESHAVARZI
ATTY FOR DFNDNT, EDWARD A. HOFFMAN
ATTY FOR DFNDNT, CHARLES D. CUMl"IINGS
+l\TTYS FOR: X-DFNDNT & INTERVENOR
PAGE: 111 01/07/10 14:59:05

Santa Monica .- West District

civil Division
~ - I
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIf
lb -_ I Ii
I
CAS E HIS TOR Y
Date Activity
---------------
09/11/07 Event
Non-.A.ppearance (Case Review)
Allan J. Goodman
8:30 am I
MINUTE ORDER REJECTING SECOND PEREMPTORY CHALLENGE
I
BY PLAINTIFF;
Plaintiff's section 170.6 challenge lodge today is

stricken as improper for the reason that plaintif'f
previously filed such a challenge, which was gran,ted.
On November 1, 2005, then counsel for plaintiff ,
filed a section 170.6 challenge against Judge Neijdorf,
which was granted. Each side has one such chalJ,ellge
i.n anyone action. CCP sect.ion 170.6 (a) (3); see I
School District of Okaloosa County v. Superior Court
(1997) 58 Cal.App.4th 1126,1135. I

I, the below named Executive Officer/Clerk of th1

a party to the cause herein, and that this dat~ 11
09/11/07 upon each party or counsel named below ,y
in W. Los lillgeles, California, one copy of the
original entered herein in a separate sealed envrlope
for each, addressed as shown below with the po~trge
Date: September 11, 2007
By:
D. Salisbury
PAGE: 112 01/07/10 14:59:05


civil Division
rl=====
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNlf
lL======
CAS E HIS TOR Y
Date Activity
Sheppard Mullin Richter & Hampton LLP
Los Angeles, CA. 90071-1448
Robert J. Shulkin, Esq.
The Law Department
Co~dwell Banker Residential
Brokerage Company
11611 San Vicente Blvd., Ninth floor
LOB Angeles, CA. 90049-6510
J'oseph Zernik
320 S. Peck Drive
Beverly Hills, CA. 90212

Non-·Appearance (Case Review)
Court Makes Order

DENIED
On Behalf of SAMAAN, NIVIE Plailfltiff

Filed By Sheppard, Mullin, Richter & Hampton AttotnfY for Plaintiff

Declaration. MEMO
Defendan.t, & Defendant in Pro Per
UPON FIRST APPEARANCE BEFORE
JUDGE GOODMAN
PAGE: 113 01/07/10 14:59:05


civil Division
rr=
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZER~I*
lb _ ,===:========= I
CAS E HIS TOR Y
Date Activity I 1 __
On Behalf of ZERNIK, JOSEPH Defendaflt

Filed By Zernik, Joseph Defendart, & Defendant in

Decla.ration MEMO
UPON FIRST ,A.PPEARANCE BEFORE JlJDGE

GOODMAN
FII,ED BY FAX
On Behalf of ZERNIK, JOSEPH Defenda~t

Filed By Zernik, Joseph Defendart, & Defendant in

Dism-Plaintiff In Pro Per
(2)documents received by facsimile

service and filed per the
direction of the Supervising Judge
of the West District,the Honorable
Gerald R.osenberg.
Filed By ZERNIK, JOSEPH Defendjnt

Ex-Parte Application I MEMO
Plaintiff & Plaintiff In Pro Per I
FOR AN ORDER TO VACATE ANY AND

ALL OF JUDGE CONNOR'S RULINGS,
,JUDGMENTS, AND OTHER ACTIONS IN
SAMl\AN V. ZERNIK LATER THAN JULY
12, 2007; ]\00 TO STAY ANY AND ALL
ADR SERVICES PROCEDURES AND PROCES
Filed By ZERNIK, ~JOSEPH Defendant

I
On Behalf of Zernik, ~Toseph Defendant, & Defendant in
I
PAGE: 114 b1/07/10 14:59:05

I
Civil Division
rr====
lb 'I
CAS E HIS TOR Y
Date Activity

opposition MEMO
TO DEFENANT'S EX PARTE
APPLICATION TO SET ASIDE ORDERS
AND DISQUALIFY REFEREEj
On Behalf of SAMAAN, NIVIE Plainti:Ef

Filed By Sheppard, Mullin, Richter & Hampton Attorne~ for Plaintiff
i
09/17/07 J"ournal En try
$40.00
Other Pmnt
Paid By ZERNIK, JOSEPH Defendapt
On Behalf of Zernik, Joseph Defe~dart, & Defendant in
09/17/07 Event
Ex·-Pa.rte Application
Allan J. Goodma.n
8 :30 am
DEFENDANT IN PRO PER (JOSEPH ZERNICK) EX PARTE
AP:E>LICATION FOR AN ORDER TO VACATE ANY AND ALIJ ot
,JUDGE CONNOR I S RULINGS, JUDGMENTS, AND OTHER AQTll0NS
, I
IN SAMAAN V. ZERNIK LATER THAN JULY 12, 2007j 1WD
ALTERNATIVELY, TO STAY ANY AND ALL lillR SERVICES I
PROCEDURES AND PROCESSES IN SAMAAN V. ZERNIK, TO
RECUSE JUDGE O'BRIEN, ABSENT CLEAR AND COMPLETE;
CL./illIFICATION OF EVENTS THAT STARTED LABOR DAY
~10NDAYj
Cau<Je is called and argued. After argument the

Court rules as follows:
f1otion is denied.
Counsel for plaintiff to give notice.
Courtesy copy forwarded to Defendant.
PAGE: 115 b1/07/10 14:59:05


civil Division
rr======
l!:: II
CAS E HIS TOR Y
Date Activity
CLERK'S CERTIFICATE OF' MAILING/


9/17/07 upon each party or counsel named below by;
in W. Los Angeles, California, one copy of the
original entered herein in a separate sealed en~elope
fOJ~ each, addressed as shown below with the postage
By:
D. Salisbury
~rosephZernick
320 S. Peck Avenue

Motion Denied

Notice of Ruling
On Behalf of SN~, NIVIE Plaintiff


Notice MEMO
PAGE: 116 01/07/10 14:59:05

Santa Monica - West 'District
Civil Division
rr= Ii
i . II
l!: II
CAS E HIS TOR Y
Date Activity
OF INTENT TO MOVE FOR A NEW TRIAL
On Behalf of 2:ERNIK, JOSEPH Defendant

Filed By Zernik, Joseph Defendaht, & Defendant in

TO RESTORE DUE PROCESS RIGHTS
$40.00
Other Pmnt
09/20/07 Event
Allan J. Goodman
8: 30 am
PLAINTIFF AND PLAINTIFF IN PRO PER (JOSEPH ZERNI~)
EX PARTE APPLICATION TO RESTORE DUE PROCESS RIQH'I/Si
Cause is called and argued. After argument the Cdurt

rules as follows:
Ex Parte Application is denied as improper for

ex parte. Noticed motion is required.

I, the below named Executive Officer/Clerk of th~

a party to the cause herein, and that this date t
PAGE: 117 ~1/07/10 14:59:05

Civil Division
rr= Ii
lb 'I
CAS E HIS~rORY
Date Activity
served Notice of Entry of the above minute orde't Q)f

depositing in the United States mail at the cou+:thouse
thereon fully ~prepaid.
By:
D. Salisbury

Moe Keshavarzi
48th Floor
333 South Hope Street
Joseph Zernik
320 S. Peck Avenue

Motion Denied
09/20/07 Event
Allan J. Goodman
8:30 am
MINUTE ORDER RE PLAINTIFF'S PROPOSED ORDER RE
APPOINTMENT OF REFEREE;
On September 14, 2007 the Court received a "

Order Re Appointment of referee". The Court asked
I
PAGE: 118 01/07/10 14:59:05
Santa Monica- West District
Civil Division
rr=:=====:
lb=====,
CAS E HIS TOR Y
Date Activity
the parties about the source of this document when

the parties were in court on September 17, 2007.
Co~nsel for plaintiff indicated he had prepared it.
In reviewing the file, the Court located an Order

Appointing Referee, filed August 30, 2007, signed by
the judge then assigned to this case. As no par~y
has explained why a new order is needed, the Court
will not sign the proposed order lodged on September
14, 2007. A copy of the August 30, 2007 Order is
attached for the parties' ease of reference.
NOTE RE NOTICE OF INTENTION TO MOVE FOR NEW TRIAL:
Plaintiff filed a Notice of Intention to Move for

New Trial on September 19, 2007. The Court has
calendered the deadline for filing of the required
memorandum and the permitted affidavits or
declarations in support of that motion for OctolbeiL
1, 2007 as the lOth day falls on the preceding
weekend.


9/20/07 upon each party or counsel named below by.
original entered herein in a separate sealed ertvelope
PAGE: 119 01/07/10 14:59:05

CAS E HIS TOR yo REP 0 R T
Civil Division
ir'====='
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI*
l!.= 'I
CAS E HIS~rORY
Date Activity
By:
D. Salisbury

Moe Keshavarzi
48th Floor
Joseph Zernik
320 S. Peck Avenue
Beve:dy Hills, CA. 90212

Court Makes Order

Non-Appearance (Case Review) MEMO
J"oseph S. Biderman
10/05/07 at 8:30 am
:RE NOTICE OF INTENTION TO MOVE

FOR NEW TRIAL;
09/24/07 Event
Motion for Reconsideration MEMO
~racqueline A. Connor
8:30 am
H.EQUEST OF M/P

Declaration MEMO
PAGE: 120 01/07/10 14:59:05

Civil Division
fr
lb 'I
CAS E HIS TOR Y
Date Activity
RE: " OFF THE RECORD" MOTION TO

APPOINT THE HONORABLE GREGORY
O'BRIEN AS REFEREE

09/25/07 Document Fi1.ed

Notice of Motion MEMO
AND MOTION FOR SAFEGUARD OF DUE

PROCESS RIGHTS

$40.00
Other Pmnt

Declaration MEMO
OF DEFENDANT AND CROSS-COMPLAINANT

JOSEPH ZERNIK REGARDING URGENT
NEED TO OBTAIN AUDIT DATA FROM
SUSTAIN FOR MOTION FOR NEW TRIAL
On Behalf of ZERNIK, JOSEPH Defen,dant


Motion for Sanctions MEMO
PAGE: 121 01/07/10 14:59:05


ci vi] Division
fF'=====:
l!:=====
CAS E HIS TOR Y
Date Activity
PURSUANT TO CALIFORNIA COSE OF

CIVIL PROCEUDRE 128 FOR ARGUMENTS
AND EVIDENCE PRESENTED IN
PLAINTIFF'S OPPOSITION AND SUR
REPLY TO DEFENDANT'S MOTION TO
EXPUNGE LIS PENDENS AND TO AWARD

AND MOTION FOR NEW TRIAL
Paid By ZERNIK, JOSEPH Defendant

Filed By zernik, Joseph Defendant, & Defendant in
$101.50
Other Pmnt
Paid By Zernik, Joseph Defendaint, & Defendant in
10/03/07 Event I
R.ecusal
Allan J. Goodman
8:30 am
REASSIGNMENT OF CASE PURSUANT TO RECUSAL OF
JUDGE ALLAN J. GOODMAN
Upon review of the file of this matter this date,

the Court determines that, on September 27, 2007,
defendant filed a "Motion for Sanctions" which
i.ncludes as one of defendant I s "Main Arguments "i a
"Claim #4" that seeks review and adjudication of an
aspect of this case involving Countrywide Home Loans,
Inc. (Countrywide). Review of the accompanying
supporting arsruments reveals that defendant's Motion
for Sanctions is predicated in large part upon
matters which would require consideration of
PAGE: 122 01/07/10 14:59:05

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CAS E HIS TOR Y
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defendant's contentions
concerning the alleged role of Countrywide in eli r;eal
estate transaction which is alleged to be centralj to
the claims in this case.
The file also reveals that, in his Motion for ~eW

Trial, filed October 1, 2007, defendant raises i~sues
that require evaluation of claims involving Countiry
wide.
Whether these arguments alleging some involvemen~ by

Countrywide in this matter have merit or not wou~d
require at least inquiry by this Court concern:iJng
Countrywide.
This Court may not make that inquiry as it has a

longstanding close personal relationship with the
General Counsel of Countrywide and a person aw~r~ of
the facts might reasonably entertain a doubt tliati the
Court would be able to be impartial. Code of ai~il
Procedure section 170.1(a) (6) (A) (iii) This Cou~t
must and does recuse itself.
Pursuant to the order of the Master Calendar for the

West District of the Los Angeles Superior Court,
Gerald Rosenberg, Supervising Judge presiding, this
case is transferred forthwith for all proceedings to
Department WEC, the Honorable Joseph S. Biderm'1-n ,:
~Judge presiding.
Counsel are ordered to indicate on all future

documents to be filed with the Court in this matter,
the name of the newly assigned Judicial Officer and
courtroom in the caption below the case numbe:r:,
The following dates are advanced to this date ancH.

continued to November 8, 2007 at 8:30 a.m. in
Department WEC:
October 10, 2007 - Status Conference
PAGE: 123 01/07/10 14:59:05


civil Division
rr=
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZER~Ik
l!=
CAS E HIS TOR Y
Date Activity
October 22, 2007 - Motion for Safeguard of Due Process

Rights
November 5, 2007 - Motion for Sanctions
November 7, 2007 - Motion for New T:rial
Clerk hereby gives notice.

I, the below named Executive Officer/Clerk of t~el

above-entitled court, do hereby certify that I ami not
a party to the cause herein, and that this date; I
10/3/07 upon each party or counsel named below Pi
depositing in the United States mail at the couirt/house
in W. Los Angeles, California, one copy of the·
original entered herein in a separate sealed en,vellope
for each, addressed as shown below ~li th the poslta'ge
Date: 10/3/07
By:
K. Padilla
Mo,e Keshavarzi
Sheppard Mullin R.ichter & Hampton LLP
48th Floor
Los Angeles, CA 90071-1448
Joseph Zernik, In Pro Per

320 south Peck Avenue
Beverly Hills, CA 90212
PAGE: 124 01/07/10 14:59:05


civil Division
fr
II Case Number: SCOS7400
I
NIVIE SAMAAN VS. JOSEPH ZERNIKI
I
l!= 'I
"
CAS E HIS TOR Y
Date Activity
Robert J. Shulkin
The Law Department
Coldwell Banker Residential
Brokerage Company
11611 San Vicente Blvd., Ninth Floor

Recusal
Case is reassigned

Motion MEMO
Case is reassigned
FOR SAFEGUARD OF DUE PROCESS

RIGHTS
REASSIGNED TO DEPT. WEC, CONT.
TO 11/S/07

Case is reassigned
REASSIGNED TO DEPT. C, CONT TO

11/S/07

Motion for New Trial MEMO
Case is reassigned
REASSIGNED TO DEPT. C AND

CONTINUED TO 11/S/07
10/04/07 Event
8:30 am
PAGE: 125 01/07/10 14:59:05

Civil Division
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IIlb Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIf
CAS E HIS TOR Y
Date Activity

Notice MEMO
OF ERRATA: DECLARATION OF
DEFENDANT AND CROSS COMPLAINANT
JOSEPH ZERNIK REGARDING URGENT
NEED TO OBTAIN DATA FROM SUSTAIN
FOR MOTION FOR NEW TRIAL
On Behalf of ZERNIK, JOSEPH DefendajJ.t


FILING FOR THE PURPOSE OF

IMMEDIATE DISQUALIFICATION OF THE
HONORABLE JUDGE GOODMAN PURSUANT
TO CCP 170.3; A COpy IS BEING
SIMUTANEOUSLY FILED WITH: 1)
SUPERVISING JUDGE GOLDENBERG ...
On Behalf of ZERNIK, JOSEPH Defend~nt

10/05/07 Event
Recusal MEMO
Joseph S. Biderman
8: 30 am
NON··APPEARANCE (CASE REVIEW) RE: NOTICE OF INTEN'l1'ION
TO MOVE FOR NEW TRIAL;
RECUSAL RE-ASSIGNMENT
Pursuant to Code of Civil Procedure section I

170.1 (a) (6) (A) (iii), the judge is disqualified b$cause
a person aware of the facts mi~t reasonably enttrtain
PAGE: 126 1/07/10 14:59:05

CAS E HIS~rORY
Date Activity
a d.oubt that the judge would be able to be impar. tf' al.
Acting pursuant to the Order of the Master Calend I'

for the West District of the Los Angeles Superior
Court, the Honorable Gerald Rosenberg, supervisin?
Judge presiding, this action is tranferred fortpwith
for all purposes to Department WE-O of the Sant~
Monica Courthouse, the Honorable John L. Segal,
presiding.
l
Previously set matters scheduled on November 8, 2 07
in Department WE-C are each advanced to this date
and ordered vacated.
All future hearings are to rescheduled in

Department WE-O of the Santa Monica Courthouse.
Counsel for all parties are ordered to indicate

on all future documents to be filed with the
Court in this matter the name of the newly
assigned judicial officer in the caption below
the case number.
Counsel is ordered to serve notice of this

order by mail on all parties within five (5)
days of the receipt of this minute order.
CLERK'S CERTIFICATE OF' MAILING/

NOTICE OF' ENTRY OF ORDER

above-entitled court, do hereby certify that I arJ not
a party tO,the cause herein, and that ,this datQ ~
served Notlce of Entry of the above mlnute orderlof
depositing in the United States mail at the cour~house
in Los Angeles, California, one copy of the I
original entered herein in a separate sealed env~lope
for each, addressed as shown below with the po.tte
PAGE: 127 (1)1/07/10 14:59:05

CAS E HIS TOR Y REPOF.T
Santa Monica -- West District
Civil Division
rr
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE~I
lb i I 'I
CAS E HISTO:RY
Date Activity
Date: October 5, 2007
By:
K. Sandoval
SHEPPARD MULLIN RICHTER & HAMPTON LLP

MOE KESHAVARZI
48TH FLOOR
333 S. HOPE STREET
LOS ANGELES, CA 90071-1448
JOSEPH ZERNIK
320 S. PECK AVENUE
RE NOTICE OF INTENTION TO MOVE

FOR NEW TRIAL;

- DEFT'S (JOSEPH ZERNIK) MOTION

RIGHTS
- MOTION FOR NEW TRIAL

R_ecusal MEMO
Transferred to Diff. Department
PAGE: 128 a1/07/10 14:59:05

Civil Division
Ir======
II Case Number; SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIt
lb II
CAS E HIS TOR Y
Date Activity
RE NOTICE OF INTENTION TO MOVE
FOR. NEW TRIAL i

Notice of Appeal
Filed By ZERNIK, JOSEPH Defendaht
J.0/OS/07 Journal Entry

$100.00
Other Pmnt
Paid By ZERNIK, JOSEPH Defendaht

Declarati.on MEMO
OF JOSEPH ZERNIK
On Behalf of ZERNIK, JOSEPH Defendaht


Declaration MEMO
OF JOSEPH ZERNIK
On Behalf of ZERNIK, JOSEPH Defendaint

Filed By Zernik, Joseph Defendabt, & Defendant in

CO!I'JPLAINT FILE WITH SUPERVISING
JUDGE, HONORABLE GERALD ROSENBERG
PAGE; 129 1/07/10 14;59;05


civil -Division
1,=====
" Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI
lL - ===============,======
CAS E HIS TOR Y
Date Activity
On Behalf of ZERNIK, JOSEPH Defen~aht

Filed By Zernik, Joseph Defen~aht, & Defendant in
10/10/07 Document FiJ.ed

Ex--Parte Application MEMO
TO RESTORE AND SAFEGUARD DUE
PROCESS RIGHTS
Filed By Zernik, Joseph Defenidalnt, & Defendant in
10/10/07 O·ournal Entry
$40.00
Other Pmnt

John L. Segal
10/10/07 at 8:30 am
10/10/07 Event
Ex-Parte Application I
~rohn L. Segal
8:30 am
DEFENDANT AND CROSS COMPLAINANT JOSEPH ZERNIK
EX PARTE APPLICATION TO RESTORE AND SAFEGUA.RD TIm
PROCESS R.IGHTSi
The matter is called for hearing as reflected ~nlthe

notes of the court reporter.
The Court takes the matter under submission.
Notice is waived.

PAGE: 130 D1/07/10 14:59:05

CAS E HIS TOR Y REP 0 R. T
Civil Division
rr= - ===j
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNP~·

l.l: _ l 'I
CAS E HIS TOR Y
Date Activity
Matter is taken under submission
10/10/07 Event
Ruling on Submitted Matter
Jolm L. Segal
10:30 am
The Court now rules on Defendant/Cross-Complainant's
ex parte application to restore and safegua:r-d due
process rights argued and taken under submission bn
October 10, 2007 as follows:
Defendant/Cross-complainant's ex parte applica.tioln

to restore and safeguard due process rights is
denied.
Clerk to give notice via U.S. Mail.


a party to the cause herein, and that this date
10/10/07 upon each party or counsel named belmy by
depositing in the United States mai:.L at the COl/.r~house
oriqinal entered herein in a separate sealed envelope
for-each, addressed as shown below with the pOf?tcl.ge
thereon fully prepaid. I I
By:
ELM.Zl,. MORA
SULLIVAN, WORKMAN & DEE, LLP
PAGE: 131 f1/07/10 14:59:05
I

civil Division
Ir I
II Case Numbe:t:": SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
lb I 'I
CAS E HIS~rORY
Date Activity
.AT'I'ORNEY FOR DEFENDANT

CHARLES D. CUMMINGS
800 SOUTH FIGUEROA STREET., TWELFTH FLOOR
THE LAW DEPT. OF COLDWELL BANKER RESIDENT

ROBERT J. SHULKIN
11611 SAN VICENTE BLVD., NINTH FLOOR
SHEPPARD, MULLIN, RICHTER & HAMPTON

ATTORNEY FOR PLAINTIFF
JOSEPH ZERNIK
DEFENDANT, & DEFENDANT IN PRO PER
BRYAN CAVE
ATTORNEY FOR INTERVENOR
120 BROADWAY
SUITE 300
SA~TA MONICA, CA 90401-2305
EDwARD A. HOFFMAN
ATTORNEY FOR DEFENDANT
11620 WILSHIRE BLVD.
SUITE 340

Court's Ruling & Order Entered

Atty for Defendant and Cross-Compl I
FOR AN ORDER TO VACATE JUDGMENT
PAGE: 132 61/07/10 14:59:05

I
Civil Division
If - - ---;j
1I Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERt,'nf
lb ~ II
CAS E HIS TOR Y
Date Activity
IN PLAINTIFF'S MOTION FOR SUMMARY

~UDGMENT AND TO FIND PLAINTIFF'S
.A.CTION A MALICIOUS PROSECUTION
BA.SED ON FRAUDULENT CLAIMS
Filed By Zernik, Joseph Defenpai;1t, & Defendant in
$40.00
Other Pmnt

Opposition MEMO
TO DEFENDANT'S EX PARTE APPLICATIO

N TO SET HElillING DATE ON MOTION TO
VACATE JDUGMENT OR, ALTERNATIVELY
STAY JUDGMENT AND TO FIND PLAINTIF
F'S ATTORNEY IN COMTEMPT
On Behalf of SAMAAN, NIVIE Plaintilff

Filed By Sheppard, Mullin, Richter & Hampton AttoJney for Plaintiff

FO:R AN ORDER REQUIRING DEFENDANT

TO PERMIT AN APPRAISAL AND INSPEC
TION OF THE PROPERTY LOCATED AT
320 SOUTH PECK DRIVE, BEVERLY
HILLS, CALIFORNIA
On Behalf of SAMAAN, NIVIE Plairtt~ff

PAGE: 133 D1/07/10 14:59:05

CAS E HIS TOR Y REP 0 Ft T
Civil Division
rr=
I Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI
~ IIII
l!: , I 'I
CAS E HIS TOR Y
Date Activity
$40.00
Other Pmnt I
On Behalf of SAMAAN, NIVIE Plainti~f
Paid By Sheppard, Mullin, Richter & Hampton Attorhe~ for Plaintiff

Opposition MEMO
Atty for Defendant a.nd Cross-Compl
TO PLAINTIFF'S EX PARTE APPLICATIO

N FOR AN ORDER TO FIND DEFENDANT
IN CONTEMPT FOR ALLEGED REFUSAL TO
FOLLOW COURT JUDGMENT

John L. Segal
10/11/07 at 8:30 am
10/11/07 Event
Ex-·Parte Application
John L. Segal
8:30 am
PL1\INTIFF NIVIE SAMAAN EX PARTE APPLICATION FOR AN
ORDER REQUIRING DEFENDANT TO PERMIT AN APPRAISA,L fum
INSPECTION OF THE PROPERTY LOCATED AT 320 SOUTH prCK
DRIVE, BEVERLY HILLS, CALIFORNIAj
DEFENDANT AND CROSS··COMPLAINANT JOSEPH ZERNIK EX I

PAI<.TE APPLICATION FOR AN ORDER TO VACATE JUDG!'IIEN~
IN PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND. Te
FIND PLAINTIFF'S ACTION A MALICIOUS PROSECUTION BASED
ON FRAUDULENT CLAIMSj
PAGE: 134 01/07/10 14:59:05

CAS E II I S TOR Y ~lEPOR'I'
Santa Monica - West Di.strict

civil Division
IIrf Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI

k IIII
~ I 'I
CAS E HIS TOR Y
Date Activity
After argument by all parties, the ex parte

applications are denied without pre=iudice for th~
reasons as reflected on the verbatim notes of thd
court reporter.
Counsel for plaintiff to give notice.

Motion Denied

Declaration MEMO
Clerk
IN RESPONSE TO PURPORTED
DISQUALIFICATION UNDER CCP.
SECTION 170.3 AND STRIKING
IMPROPER MOTION UNDER CCP SECTION
170.3

NOTICE TO JUDGE SEGAL TO CEASE AND

REFIU\ME FROM ACTING AS PRESIDING
,JUDGE IN SAMAAN V ZERNIK ABSENT
DUE ASSIGNMENT AS REQUIRED BY LAW;

Filed By Zernik, Joseph Defend.nt, & Defendant in
10/16/07 Event I
Court Order
Allan J. Goodman
8:30 am
COURT ORDER AND DECLARATION IN RESPONSE TO PURPORTED
I
DISQUALIFICATION UNDER CCP SECTION 170.3 AND STR!KING
PAGE: 135 ~1/07/10 14:59:05

CAS E HIS TOR Y REP 0 R 'l;'

Civil Division
I
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH Zj~IK
CAS E HIS TOR Y
Date Activity
IMPROPER MOTION UNDER CCP SECTION 170.3;
The undersigned declares that he has not been sEjrved

with any "Filing for the Purpose of Immediate
Disqualification ... " of which the declarant lEja:z:1ned
by accessing the Court's internet site on Monqay.,
October 8, 2007, and has not read the content~ qf
the document apparently filed by the defendan~ qn
October 4 in a different courtroom.
This declaration is to establish the above and ~o

note that, on the date the purported re~lest ~n~er
section 170.3 was filed, the declarant was no ldnger
assigned to this case. In fact, the declarant had,
sua sponte, recused himself from this case on Odtober
3, 2007 and had instructed his clerk to file th~t
recusal, give notice thereof, and to have the ca,se
reassigned. That recusal was effected, also on
October 3, 2007, the day before the filing by the
defendant seeking the declarant's disqualifica,tilon.
This fact would explain why the October 4 fiJ.~nd by
the defendant was made elsewhere. I
As the October 4 filing seeks action relevant tq this
bench officer, to the extent this court has t~e power
to strike the CCP 170.3 challenge as to this ~e~ch
officer, it is stricken. CCP 170.3(c) (4); see U:rhas
v. Harris (1991) 234 Cal.App.3d 415, 420
legally deficient statement must be stricken within
the 10 days permitted] . I
The Clerk will file this declaration and give notice

to the parties.
See signed declaration by the Court, filed andl

incorporated herein.
I, the below named Executive Officer/Clerk of ~h~
PAGE: 136 p1/07/10 14:59:05

Civil Division
:l
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERliIK
CAS E HIS TOR Y
Date Activity
r
above-entitled court, do hereby certify that] am not
10/16/07 upon each party or counsel named below Iby
depositing in the United States mail at the Cdur1thouse
original entered herein in a separate sealed ~n~elope
for each, addressed as shown below with the PQsbage
By:
D. Salisbury
Sheppard, Mul.lin, Richter & Hampton
Joseph Zernik
320 S. Peck Drive
BE=verly Hills, CA. 90212

Court Order
Court Makes Order

Notice of Ruling
On Behalf of SAMAAN, NIVIE Plc!Lint:iff

Filed By Sheppard, Mullin, Richter & Hampton Attqrti,ey for Plaintiff

Notice MEMO
PAGE: 137 01/07/10 14:59:05

CAS E HIS TOR Y REP 0 R l'

Ci vil Division
Ir
II Case Number 1 SC087400 NIVIE SAMAAN VS. JOSEPH ZE~IK
[I
CAS E HIS TOR Y
Date Activity
DESIGNATING RECORD ON APPEAL.
Filed By ZERNIK, JOSEPH Defen4ant

Notice MEMO
Clerk
NTC TO ATTY IN RE NTC OF APPEAL
10/17/07 Event
John L. Segal
8:30 am
NON-APPEARANCE CASE REVIEW
Order striking statement of disqualification and

verified answer of Judge John L. Segal signed, filed,
and sent to all parties via U.S. Mail.

I, the below named Executive Officer/Clerk of t~e

a party to the cause herein, and that this dat,e I
served Notice of Entry of the above minute or~e~ of
10/17/07 upon each party or counsel named below py
in Los Angeles, California, one copy of the
PAGE: 138 01/07/10 14:59:05

Ci vil Division
!
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZEIUt IK
CAS E HIS TOR Y
Date Activity
By:
ELMA MORA
SULLIVAN, WORKMAN & DEE LLP

CHARLES D. CUMMINGS
800 SOUTH FIGUEROA STREET, TWELFTH FLOOR

ATTORNEY FOR CROSS-DEFENDANT
ROBERT J. SHULKIN
SHEPPARD, MULLIN, RICHTER & Hl\MPTON

JOSEPH ZERNIK
DEFENDANT & DEFENDANT IN PRO PER
BRYAN CAVE
120 BROADWAY
SUITE 300
SA1TTA MONICA, CA 90401-2302
EDWARD A. HOFFMAN
SUITE 340
PAGE: 139 01/07/10 14:59:05


Civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE~iK

I' : I
I I
CAS E HIS TOR Y
Date Activity

Order Issued

Order MEMO
Court
STRIKING STATEMENT OF DISQUALIFI

CATION AND VERIFIED ANSWER OF
JUDGE JOHN L. SEGAL

John L. Segal
11/05/07 at 8:30 am

Notice MEMO
RE: LIST OF DECLARATIONS ENTERED

IN SAMAAN V. ZERNIK, FOR INCLUSION
WITH RECORDS FOR APPEAL.
10/22/07 Event
Motion MEMO
Allan J. Goodman
8:30 am
DEFENDANT IN PRO PER (JOSEPH ZERNIK) MOTION FOiR
SAFEGRARD OF DUE PROCESS RIGHTS;

RIGHTS
REASSIGNED TO DEPT. WEC, CONT.
TO 11/8/07
PAGE: 140 01/07/10 14:59:05

CAS E HIS TOR Y REP 0 R 'r

ci vil Division
I
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNfK
CAS E HIS TOR Y
Date Activity

Ex-Parte Applicati.on MEMO
FOR DUE PROCESS PURSUANT TO THE

14TH AMEND!VJENT, US CONSTITUTION
10/23/07 Journa.l Entry
$40.00
Other Pmnt
Pai.d By Zernik, Joseph Defendant, & Defendant in

John L. Segal
10/23/07 at 8:30 am
10/23/07 Event
John L. Segal
8:30 am
DEFENDANT AND CROSS-COMPLAINANT EX PARTE APPLI~A'irION
FOR DUE PROCESS PURSUANT TO THE 14TH AMENDMENT', bs
CONSTITUTION;
After argument by all parties, the Court t':lkes the

matter under submission.
Notice is waived.

Ex-Pa:cte Application
PAGE: 141 01/07/10 14:59:05


civil Division
[I ~ II
II Case Number: SCOB7400 NIVIE SAMAAN VS. JOSEPH ZEI?N!K
~ I
CAS E HIS TOR Y
Date Activity

Opposition MEMO
TO DEFENDANT'S EX PARTE
APPLICATION

Filed By Sheppard, Mullin, Richter & Hampton Attorn+y for Plaintiff
10/23/07 Event
John L. Segal
8:30 am
The Court now rules on the defendant's ex part¢
application argued and taken under submission i=m
Defenda~t and cross-complainant's ex parte apPlilation

for due process pursuant to the 14th Amendment, bS
Constitution is denied.


served Notice of Entry of the above minute orde1 of
10/23/07 upon each party or counsel named below Py
depositing in the United States mail at the c:our;thouse
original entered herein in a separate sealed en~elope
for each, addressed as shown below with the pasdage
thereon fully prepaid. I
PAGE: 142 01/07/10 14:59:05


civil Division
rr -
/I Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIt<:
lb
CAS E HIS TOR Y
Date Activity
J"ohn A. ClaJ~ke, Executive Officer/Clerk
By:
ELMA MORA
SULLIVAN, WORKMAN & DEE, LLP

l~TTORNEYFOR DEFENDANT
CHARLES D. CUMMINGS
BOO SOUTH FIGUEROA ST., TWELFTH FLOOR
THE LAW DEPT OF COLDWELL BANKER RESIDENT

ROBERT J. SHULKIN, ESQ.

,JOS:~PH ZERNIK
DEFENDANT, DEFENDANT IN PRO PER
BRYi;.N CAVE
120 BIWADWAY
SUITE 300
SANTA MONICA, CA 90401-2305
EDWARD A. HOFFMAN
SUITE 340
PAGE: 143 01/07/10 14:59:05

CAS E HIS TOR Y REP 0 H T
Civil Division
IF I Ii
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE~ "
lb 'I
CAS E HIS TOR Y
Date Activity
----------

Declarati.on MEMO
OF JOSEPH ZERNIK


COMPLAINT FILED WITH SUPERVISING

JUDGE
On Behalf of ZERNIK, JOSEPH DefeI1;di3jnt

Filed By zernik, Joseph DefeI1;d~nt, & Defendant in

RESPONDENT'S COUNTER-DESIGNATION
OF ADDITIONAL DOCUMENTS FOR
CLERK'S TRANSCRIPT.

FOR DUE PROCESS

TWO ALTERNATIVE COURT ORDERS TO
DISAMBIGUATE ,JUDGE SEGAL'S
ASSIGNMENT STATUS
PAGE: 1440 01/07/10 14:59:05

CAS E HIS TOR Y REPOFlT
I
~
civil Division
IF
I
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZKRJ}rUC
i
lb
CAS E HIS TOR Y
Date Activity
Filed By Zernik, Joseph Defen~alt,

I
& Defendant in
10/26/07 Journa.l Entry
$40.00
Other Pmnt
10/26/07 S'chedu.Ied Event

Ex·-Parte Application
John L. Segal
10/26/07 at 8:30 am
10/26/07 Event
J-ohn L. Segal
8: 30 am
DEFENDANT AND CROSS-COMPLAINANT'S EX PARTE APPLlqATION
FOR DUE PROCESSi
The matter is called for hearing as reflected onlthe

notes of the court reporter. After argument by
defendant, the Court takes the matter under
submission.
Notice is waived.

10/26/07 Event
,John L. Segal
8:30 am
The Court now rules on defenda.nt's ex parte
application argued and taken under submission bn
I01/07/10 14:59:05
PAGE: 14~)
CAS E HIS TOR Y REP 0 Ft T
ff
II
II
Case Number: SC087400
Civil Division
NIVIE SAMAAN VS. JOSEPH

J
ZE:RNI~
-!
CAS E HIS TOR Y
Date Activity
Defendantls ex parte application for due procesfl ii.s

denied. '
CLERKIS CERTIFICATE OF MAILING/
I, the below named Executive Officer/Clerk of the!

above-entitled court, do hereby certify that I ~~ not
a party to the cause herein, and that this date Ii
served Notice of Entry of the above minute order pf
I
10/26/07 upon each party or counsel named below bf
depositing in the United States mail at the court ouse
original entered herein in a separate sealed envep'ope
for each, addressed as shown below with the posta~e
thereon fully prepaid. I
By: - - - - - - - - - - - - - _ .
ELMA MORA

.hTTORNEY FOR CROSS - DEFENDANT
ROBERT J. SHULKIN
.JOSEPH ZERNIK
BRYAN CAVE
I
PAGE: 146 01/07/10 14:59:05
I
CAS E HIS TOR Y REP 0 It T
Civil Division
rF'=====
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNn<
Ib [ ' I
CAS E HIS TOR Y
Date Activity

120 BROADWAY
SUITE 300
EDWARD A. HOFFMAN
SUITE 340

10/26/07 LFournal Entry
$40.00
Other Pmnt
Filed By Sheppard, Mullin, Richter & Hampton I
Attorney for PIa~nt~ff
"

FOR APPOINTMENT OF RECEIVER

Filed By Sheppard, Mullin, Richter & Hampton A~to;nJy for Plaintiff
, I
Notice MEMO
OF ERRATA

PAGE: 147 ~1/07/10 14:59:05

CAS E HIS TOR Y REPOF~T
Santa Monica - West District I

Civil Division
Ir
~"
NIVIE SAMAAN VS. JOSEPH ZERNIf

lh - 'I
I
CAS E HIS'rORY
Date Activity

Declaration MEMO
RE DEX PARTE APPEARANCE 10/26/07

[
Filed By Zernik, Joseph Defenpaj:1t, & Defendant in
I
11/05/07 Event
A.llan ,J. Goodman
8:30 am
DEFENDANT IN PRO PER (JOSEPH ZERNICK, DMD, PHD)
MOTION FOR SANCTIONS PURSUANT TO CALIFORNIA COSE OF
CIVIL PROCDURE 128 FOR ARGUMENTS AND EVIDENCE
PRESENTED IN PLAINTIFF'S OPPOSISTION AND SUR-REPLY TO
DEFENDANT'S MOTION TO EXPUNGE I,IS PENDENS ,AND Td
AWARD REASONALABLE ATTORNEY'S FEES lrnD COSTS
DECLARATION OF JOSEPH ZERNICK IN SUPPORT THEREQF;
REASSIGNED TO DEPT. C, CONT TO
11/8/07
11/05/07 Event
~rohn L. Segal
8:30 am
DEFENDANT IN PRO PER JOSEPH SERNIK MOTION FOR
SANCTIONS PURSUANT TO CALIFORNIA CODE OF CIVIL
PROCEDURES 128 FOR ARGUMENTS AND EVIDENCE PRESENTED
IN PLAINTIFF'S OPPOSITION AND SUR-REPLY TO DEF~NDANT'S
MOTION TO EXPUNGE LIS PENDENS AND TO AWARD REA~m!JABLE
ATTORNEY'S FEES AND COSTS;
FEES NOT PAID
PAGE: 148 01/07/10 14:59:05

CAS E HIS TOR Y REPOFtT

civil Division
Ir 11
II Case Number-: SC087400 NIVIE SAMAAN VS. JOSEPH ZE~I~ II
[L JI
CAS E HIS TOR Y
Date Activity

FOR AN ORDER SHORTENING TIME ON
PLAINTIFF'S MOTION FOR APPOINTMENT
OF A RECEIVER

n/05/07 Journal Entry
$40.00
Other Pmnt
On Behalf of SAMAAN, NIVIE Plainti,ff
Paid By Sheppard, Mullin, Richter & Hampton Attorne~ for Plaintiff
n/05/07 Scheduled Event
John L. Segal
11/05/07 at 8:30 am
11/05/07 Event
John L. Segal
8:30 am
PLAINTIFF NIVIE SAMAAN EX PARTE APPLICATION FOR AN
ORDER SHORTENING TIME ON PLAINTIFF'S MOTION FOR
APPOINTMENT OF A RECEIVER;
The matter is called for hearing as reflected in the

notes of the court reporter incorporated herein.
The hearing on plaintiff's motion to appoint a

receiver is advanced from November 20, 2007 to
November 9, 2007, 9:00 a.m., in Department WE-Q.
Defendant's opposition is currently due Novemb$r 6,
PAGE: 149 91/07/10 14:59:05


ci vil Di vi si 011
Ii
II
CAS E HIS TOR Y
Date Activity
2007. Defendant may have two extra days to fi~e

opposition, so that defendant's opposition is now
due November 8, 2007, 2:00 p.m.
Plaintiff waives reply.
I, the below named Executive Officer/Clerk of t~e

above-entitled court, do hereby certify that r am not
11/05/07 upon each party or counsel named belc\w by
depositing in the United States mail at the cc\urthouse
original entered herein in a separate sealed ~nv,elope
By:
ELMA MORA
THE: LAW DEPT. OF COLDWELL BANKER RESIDENT
ROBERT J. SHULKIN, ESQ

PAGE: 150 01/07/10 14:59:05

Civil Division
Ir
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZEfNt!:K
II
CAS E HIS TOR Y
Date Activity
JOSEPH ZERNIK
BRYAN CAVE
120 BROADWAY
SUITE 300
EDWARD A. HOFFMAN
SUITE 340
11 / 05/0'7 Documen t F.il ed

Opposition MEMO
TO PLAINTIFF'S EX PARTE APPEARANCE

ON NOVEMBER 5, 2007-FOR SHORTENED
NOTICE HEARING OF MOTION FOR
APPOINTMENT OF A RECEIVER

Notice MEMO
OF JUDGMENT OF COURT PURSUANT TO

CCP SECTION 437c AUGUST 9, 2007
Filed By Zernik, Joseph Defen~ant, & Defendant in

PAGE: 151 01/07/10 14:59:05

CAS E HIS TOR Y REPOFtT
Civil Division
rr= i 1
II Case Number; SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI*

l!=
CAS E HIS TOR Y
Date Acti vity
COMPLAINT SUBMITTED TO SUPERVISING

JUDGE & DEMAND FOR IMMEDIATE
DISAMBIGUATION: 1) WERE JUDGES
GOODMAN, BIDERMAN, AND SEGAL EVER
DULY ASSIGNED AS PRESIDING JUDGES
IN SAMAAN V ZERNIK, AS REQUIRED BY

I
Ex··Parte Application
Motion Granted

Off Calendar
FEES NOT PAID

IVrotion MEMO
Advanced to this date & continued
FOE APPOINTMENT OF RECEIVER

Motion MEMO
~Tohn L. Segal
11/09/07 at 9:00 am
FOR APPOINTMENT OF RECEIVEI<

Notice of Ruling
Filed By Cave, Bryan l\.ttofn~y for Intervenor
PAGE: 152 01/07/10 14:59:05


civil Division
rr=====:
" Case Number: SC087 LI00 NIVIE SAMAAN VS. JOSEPH ZE:~I*
LI:,===== r 'I
CAS E HIS TOR Y
Date Activity
On Behalf of Countrywide Home Loans, Inc. Defendant
11/07/07 Event
Motion for New Trial MEMO
Allan J. Goodman
8:30 am
DEFENDANT IN PRO PER (JOSEPH ZERNICK) MOTION FOR NEW
TRIAL; I
REASSIGNED TO DEPT. C AND

CONTINUED TO 11/8/07
11/08/07 Event
.::roI3eph S. Biderman
8:30 am
STATUS CONFERENCE
DEFENDANT'S (JOSEPH ZERNIK ) :

MOTION FOR SAFEGUARD OF DUE PROCESS RIGHTS
~10TIONFOR SANCTIONS PURSUANT TO CALIFORNIA. CODE OF

CIVIL PROCEDURE SECTION 128 FOH. ARGUMENTS AND EV1DENCE
PRESENTED IN PLAINTIFF'S OPPOSITION AND SUR-REPLY TO
DEFENDANT'S MOTION TO EXPUNGE LIS PENDENS, AND Tc$
AW~(D REASONA.:BLE ATTORNEY'S FEES AND COSTS
lv10TION FOR NEW TRIAL
DEFT'S (JOSEPH ZERNIK) MOTION

RIGHTS
- MOTION FOR NEW TRIAL
PAGE: 153 01/07/10 14:59:05


civil Divis.ion
rr=:=====
l!:===== ============= ====F
CAS E HIS TOR Y
Date Activity
11/09/07 Event
!Vlot:ion MEMO
J·ohn L. Segal I
9: 00 am
PLAINTIFF NIVIE SAMAAN MOTION FOR APPOINTMENT OF
F.ECEIVER;
DEFENDANT AND CROSS-COMPLAINANT JOSEPH ZERNIK'S
EX PARTE APPLICATION FOR A SHORTENED NOTICE HEAR:DNG
OF THE MOTION FOR AN ORDER TO SET BOND;
DEFENDANT AND CROSS-COMPLAINANT JOSEPH ZEH.NIKI ~
EX PARTE APPLICATION FOR ORDER ESTABLISHING Cl\LENDAR
FOR HEARINGS OF MOTIONS THAT WERE FILED AND SERVEfD,
BUT THEIR HEARINGS VACATED WITH THE CHANGES OF JQTIGES;
After argument by all parties, the matter is t.k~n
under submission.
Notice is waived.
IlCOR APPOINTMENT OF RECEIVER

FOR A SHORTENED NOTICE OF HEARING
OF A MOTION FOR A ORDER TO SET
A BOND
Filed By Zernik, Joseph I

Defenlnt, & Defendant in
$40.00
PAGE: 154 1°1/07/10 14:59:05


civil Division
rr
II Case Number: SC087400 NIVIE SAMAAN.VS. JOSEPH ZER:NI~
~
CAS E HIS TOR Y
Date Activity
Other Pmnt

Ex·-Parte Application MEMO
FOR ORDER ESTABLISHING CALENDAR

FOR HEARINGS OF MOTIONS THAT WERE
FILED AND SERVED, BUT THEIR HEARIN
GS VACATED WITH THE CHANGES OF
J1IDGES
Filed By Zernik, Joseph Defeqd~nt, & Defendant ln
$40.00
Other· Pmnt

Opposition MEMO
TO PLAINTIFF'S SHORTENED NOTICE

rilOTION FOR APPOINTMENT OF A
RECEIVER
Filed By Zernik, Joseph Defendq.nt, & Defendant in

Order MEMO
APPOINTING DAVID J. PASTERNAK AS

RECEIVER
I
On Behalf of SAMAAN, NIVIE
:"ai~"'l' ff
PAGE: 15:; . 1/07/10 14:59:05

Civil Division
rl'F=-====:
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERN]K
l' 'I
CAS E HIS TOR Y
Date Activity
r-----r
Filed By Sheppard, Mullin, Richter & Hampton Attorn~y for Plaintiff

Motion MEMO
rlJotion Granted
11/09/07 Event
,John L. Segal
2:00 pm
The Court now rules on plaintiff's motion for
appointment of receiver and defendant's ex parte
applications argued and taken under submission
November 9, 2007 as follows:
0*
Plaintiff's motion for appointment of receiver i$
granted. Order appointing David J. Pasternak ai?
receiver signed and filed.
Defendant's ex parte application for order

establishing calendar for hearings is granted in part
and denied in part. Hearing on defendant's motion for
a new trial is set on November 14, 2007 at 8:30 a.m.,
in Department WE-O.
Defendant's ex parte application for shortened n?tice

hearing of the motion for an order to set bond i$
denied.

I, the below named Executive Officer/Clerk of thy

a party to the cause herein, and that this dat~ t
PAGE: 156 pl/07/10 14:59:05
CAS E HIS TOR Y REP 0 R '.I!'
I
civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ~

z~
-I I
IK "
~
CAS E
HIS 0 R Y . I
Date ActlVlty ~
By:
ELMA MORA
THE LAW DEPT OF COLDWELL BANKER RESIDENT

11611 SAN VICENTE BLVD., NINTH'FLOOR
SHEPPARD, MULLIN, RICHTER & HAJ'r1PTON

333 SOUTH HOPE STREET, 48TH FL¢OR
JOSEPH ZERNIK
DEFENDANT, & DEFENDANT IN PROPER
BRYA.N CAVE
120 BROADWAY
SUITE 300
SP.NTi\ MONICA, CA 90401-2305
EDWARD .A. HOFFMAN

PAGE: 157 01/07/10 14:59:05

CAS E HIS T 0 It Y REP 0 R or
I
San ta Monica - West District I

Civil Division I
II
~ II
II Case Number: SC087400 NIVIE SAMAAN VEl. JOSEPH z~mjIK II
I' II
CAS E HIS T () R Y
Date Activity
SUITE 340


Motion for New Trial
John :L. Segal
11/14/07 at 8:30 am

LETTER FROM ATTORNEY EDWARD A.

HOFFMAN, LISTED AS ATTORNEY FOR
DEFEENDANT IN ERROR.
Filed By Hoffman, Edward A. Former' Attorney for Defen

Miscellaneous-Other
Receiver
Filed By PASTERNAK, PASTERNAK & PATTON Rece;i.vrr

Opposition MEMO
TO MTN FOR A NEW TRIAL
On Behalf of SAMAAN, NIVIE Plaihtlff

Filed By Sheppard, Mullin, Richter & Hampton Atto~n y for Plaintiff
Request for Judicial Notice
PAGE: 158 91/07/10 14:59:05

Civil Division
fr
/I Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
II
CAS E HIS TOR Y
Date Activity

Filed By Sheppard, Mullin, Richter & Hampton Attorn~y for Plaintiff
11/13/07 ,Iournal Entry
$40.00
Other Pmnt
On Behalf of ZERNIK, JOSEPH Defendijint
Filed By Zernik, Joseph Defend~nt, & Defendant in

FOR NEW TRIAL

Filed By Zernik, Joseph Defe~dtnt, & Defendant in
Undertaking filed
:Jefendant
On Behalf of PASTERNAK, PASTERNAK & PATTON Receiver
11/14/07 Event
,John L. Segal
8:30 am
DEFENDANT JOSEPH ZERNIK MOTION FOR NEW TRI1~L;
The matter is called hearing. There is no appearrnce

by defendant and moving party.
Defendant's motion for a new trial is denied.

PAGE: 159 P1/07/10 14:59:05

CAS E HIS TOR Y REP 0 :R T

civi-l Division
If I II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI)< II
l!: 'I
CAS E HIS TOR Y
Date Activity
I, the below named Executive Officer/Clerk of ~he

a party to the cause herein, and that this date Ii
served Notice of Entry 0=
the above minute order of
in l,os Angeles, California, one copy of the
original entered herein in a separate sealed eqvdlope
for each, addressed as shown below with the po~tc(ge
By:
ELMA MORA

ROBERT J. SHULKIN

I,OS ANGELES, CA 90071-1448
JOSEPH ZERNIK
BRYAN CAVE
120 BROADWAY
SUITE 300
PAGE: 160 01/07/10 14:59:05


civil Divi.sion
rr======
l1 'I
CAS E HIS TOR Y
Date Activity
PASTERNAK, PASTERNAK & PATTON

RECEIVER
1875 CENTURY PARK EAST
SUITE 2200
1,08 ANGELES, CA 90067

Motion Denied
11/15/07 LTournal Entry

Received - Civil Filing Fee MEMO
$320.00
Other Pmnt
MOTION TO ENFORCE THE JULY 23,

2007 PROTECTIVE ORDER
. 'I
Filed By Cave, Bryan 1l,ttOl;:nEfY for Intervenor
On Behalf of Countrywide Home Loans, Inc.
Defe~dr
Notice of Motion
Filed By Cave, Bryan Attorn~y for Intervenor
On Behalf of Countrywide Home Loans, Inc. DefendAnt

Notice MEMO
Attorney for Respondent
ATTORNEY FOR NON-PARTY NOTICE OF

ERRATA
Filed By Cave, Bryan Atto~n~y for Intervenor

On Behalf of Countrywide Home Loans, Inc. Defehdknt

Proof of Service
PAGE: 161 01/07/10 14:59:05

CAS E HIS TOR Y REP 0 JR T
Civil Division
If II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI;K I
l! 'I
CAS E HIS TOR Y
Date Activity
Filed By Cave, Bryan Attorne,y for Intervenor

On Behalf of Countrywide Home Loans, Inc. Defenda,nt
Filed By Shatz, Sanford Former Attorney for Defen
11/20/07 Event
Motion MEMO
,::rohn L. Segal
8: 30 am
PLAINTIFF NIVIE SAMAAN MOTION FOR APPOINTMENT OF
REVEIVER;
11/20/07 Event
Motion MEMO
John L. Segal
8:30 am

Opposition MEMO
TO DEFENDANT'S EX PARTE APPL.
On Behalf of SAMAAN, NIVIE Plaintlff

I
$40.00
Other Pmnt
Paid By Zernik, Joseph Defend~nt, & Defendant in
PAGE: 162 01/07/10 14:59:05

CAS E HIS TOR Y REP 0 1<'. T

civil Division
rr=====
" Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH zEd-Ilk
l!: ===================:
CAS E HIS TOR Y
Date Activity
11/21/07 Event
John L. Segal
8:30 am
1. RECEIVER'S EX PARTE APPLICATION FOR THE ISSUANf=:E
OF AN ORDER (1) ORDERING DEFENDANT J'OSEPH ZERNICKj AND
A.LL OTHER OCCUPANTS TO IMMEDIATELY VACATE THE
RECEIVERSHIP REAL PROPERTY AND DIRECTING THE LOp
ANGELES COUNTY SHERIFF'S DEPARTMENT TO ENFORCE THAT
ORDER IN THE SAME MANNER AS THEY ENFORCE A ftlRIT 0iF'
EXECUTION AFTER THE ISSUANCE OF AN UNLAWFUL DETAINER
JUDGMENT, OR ALTERNATIVELY (2) AUTHORIZING THE
RECEIVER TO FILE AN UNLAWFUL DETAINER LAWSUIT AGAINST
DEFENDANT JOSEPH ZERNICK AND ALL OTHER OCCUPANTIS
OF THE RECEIVERSHIP REAL PROPERTY;
2. DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLICl\TI:ON

FOR ORDER FOR TEMPORARY STAY OF ENFORCEMENT OF
JUDGMENT PENDING HEARING OF MOTION TO SET BOND Fd,R
APPEAL;
Matters are called for hearing and argued.
Matters stand submitted.
LATER:
Court issues its ruling on submitted matters as

follows:
Defendant's Ex Parte Application for Order for I

Temporary Stay of Enforcement of Judgment Pendin~
Hearing of Motion to Set Bond For Appeal, as
captioned above, is DENIED.
:~ecei ver
I s Ex Parte Application for an order o±:d~ring
defendant J'oseph Zernick and all other occupanhs I to
immediately vacate the receivership real propekty and
directing the Los Angeles County Sheriff's Dep~rtment
PAGE: 163 ll/07/10 14:59:05

Civil Division
rr=
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZER~JIt
,
lb --'
I
CAS E HIS TOR Y
Date Activity
to enforce the order in the same manner as they

enforce a writ of execution after the issuance bf an
unlawful detainer judgment is GRANTED.
Order orderi.ng defendant Joseph Zernick and all other

occupants to immediately vacate the receivership
real property is signed and filed this date. '
I, the below named Executive Officer/Clerk of t,hej

a.bove-entitled court, do hereby certify that I am not
a. party to the cause herein, and that this date r
served Notice of Entry of the above minute ord~r of
1.1/21/07 upon each party or counsel named belo,,! ~y
depositing in the United States mail at the courdhouse
i.n Santa Monica, California, one copy of the I
original entered herein in a separate sealed eqv~lope
for each, addressed as shown below with the po~t~ge
By: ------------_.
N. Estrada, Clerk
DAVID J. PASTERNAK
:RECEIVER
1875 CENTURY PARK EAST, SUITE 2200
PAGE: 164 1/07/10 14:59:05

CAS E H I S TOR Y REP 0 R T
Civil Division
rr=======
!b,======
CAS E HIS~rORY
Date Activity
JOSEPH ZERNIK
IN PRO PER
320 S. PECK AVENUE

Ex-·Parte Application
DOCUInent Filed
11/21/07
On Behalf of ZERNIK, JOSEPH Defendapt

11/21/07
Document Filed
Declaration
On Behalf of ZERNIK, JOSEPH Defenda,nt


DEMAND FOR NOTICE BY BUYER
On Behalf of ZERNIK, JOSEPH DefendCj.nt

Filed By Zernik, Joseph Defendtnt, & Defendant in

Notice MEMO
OF CONTRACT FOR PURCHASE OF REAL

PROPERTY COMMONLY KNOWN AS
320 SOUTH PECK DR. BEVERLY HILLS
PAGE: 165 b1/07/10 14:59:05

Civil Divis_ion
I
Ir i ' II
11 Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERi;u:«
Ib 'I
CAS E HIS'rORY
Date Activity
1

Receiver
Filed By PASTERNAK, PASTERNAK & PATTON ' I

Recel'vea::
$40.00
Other Pmnt
Paid By PASTERNAK, PASTERNAK & PATTON Rece~ver

Order MEMO
Receiver
ordering defendant Joseph zernick

and all other occupants to
immediately vacate the receiver
ship real property
Filed By PASTE~AK, PASTERNAK & PATTON Receiv~r

Notice MEMO
RE 170.3 AND DECr, OF JOSEPH ZERNIK
On Behalf of ZERNIK, JOSEPH DefeIlldlnt

Filed By Ze:rnik, Joseph Defe~d nt, & Defendant in
11/27/07 Docum€?nt Filed
Amended Proof of Service MEMO
AMENDED PROOF OF SERVICE
PAGE: 166 01/07/10 14:59:05

CAS E HIS'rORY
Date Activity
Filed By Cave, Bryan Attorney for Intervenor


Defendant, & Defendant: in Pro Per
COMPLAINT FILED WITH SUPERVISING

JUDGE


Proof of Servi.ce MEMO
SECOND AMENDED PROOF OF SERVICE
Filed By Cave, Bryan

A.ttorney for Intervenor
Defe~dant
11/29/07 Documen t F i 1 ed
Notice MEMO
Receiver
NOTICE OF ISSUANCE OF ORDER
Filed By PASTERNAK, PASTERNAK & PATTON ReceivEtr

Declaration MEMO
Objector
NON-PARTY

Atto<nL for Intervenor
I
Defendant
I
PAGE: 167 1/07/10 14:59:05

CAS E HIS TOR Y REPOFlT

civil Division
rr======:
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNII,<
Ll:: 'I
CAS E HIS TOR Y
Date Activity
12/04/07 Event
John L. Segal
8; 30 am
Order Striking Statement of Disqualification;

Disclosure of Stock Ownership; Determination to
Recuse signed and filed.


depositing in the United States mail at the courtihouse
original entered herein in a separate sealed env~lope
for each, addressed as shown below ,....ith the postage
Date: December 5, 2007
,John A. Clarke, Executive Officer/Clerk
By:
ELMA MORA

PAGE: 168 01/07/10 14:59:05


civil Division
r,
IIlb Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E HIS~rORY
Date Activity
JOSEPH ZERNIK
BRYAN CAVE
120 BROADWAY
SUITE 300
SANTA MONICA, CA 90401--2305
PASTERNAK, PASTERNAK & PATTON
RECEIVER
SUITE 2200
SHATZ, SANFORD
5220 LAS VIRGENES ROAD, MS: AC-l1
CALABASAS, CA 91302

Non-hppearance (Case Review)
Order Issued
12/04/07 Event
.John L. Segal
8: 30 am
NON-APPEARANCE CASE REVIEW/JUDGE'S RECUSAL
ORDER STRIKING STATEMENT OF DISQUALIFICATION;

DISCLOSURE OF STOCK OWNERSHIP; DETERMINATION TO
I
PAGE: 169 01/07/10 14:59:05
I

civil Division
I
rF ----r----r
" Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERtfII{".
lh -1 1
I
CAS E HIS TOR Y
Date Activity
RECUSE
Although judgment was entered on the complaint in

this action before this action was assigned to the
undersigned judge, a number of post-judgment matt~rs
remain to be resolved. Plaintiff and cross-Compla~nant
Joseph Zernik has sought to attack the judgment bJt
filing dozens of post-judgment ex parte app1icati~:ms
and motions, including several challenges for c~u~e
against many of the judges who have participateCl ~n
these proceedings. Most recently, Mr. Zernik file~ on
November 26, 2007, a pleading which appears to be:
intended as a statement of disqualification for
cause. In it he sets forth his opinion and specul~tion
that the entire court system has conspired agains~
him. Stripped of his inadmissible conclusions apdl
speculation, Mr. Zernik complains of difficulty 1ith
the clerk I s office in reviewing complete copies o:f
the entire, multi-volume case file, apparently
complains of discrepancies between the case file and
the court's computerized, electronic docket of caurt
events and filed documents, and complains of var~ous
rulings of the various trial judges who have preSided
in this matter, which rulings he contends are
incorrect, unwarranted, or unfair. As to the
undersigned judge, who has only briefly presid~d in
this matter, Mr. Zernik contends that disquali~idation
is warranted because certain mot.ions have been d~nied,
and that the court has discussed the case with tl1e
parties on the record. As indicated below, sucq
contentions do not, as a matter of law, consti¢uije
grounds for disqualification for cause. The pl~ading
demonstrates on its face no legal grounds for
disqualification. Accordingly, it is stricken
pursuant to Code of Civil
Procedure §170.4, subdivision (b). I
Code of Civil Procedure §170. 3 (c) (1) requirrs

that t:he disqualification statement set forth
"the facts constituting the grounds" for
PAGE: 170 b1/07/10 14:59:05

I
CAS E HIS'rORY REP 0 R T

C.ivil Divisi.on
rr=:==============================
Ib II
CAS E HIS~~ORY
Date Activity
disqualification of the judge. Mere conclusions of

the pleader are insufficient. In re Morelli (1978)
11 Cal.App.3d 819, Cal.App.3d 41!), 426. The statement
of disqualification cannot be based upon inform~tion
and belief, hearsay, or other inadmissible
evidence. See United Farm Workers of America, AFL~CIO
v. Superior Court (1985) 170 Cal.App.3d 97, note ~ at
106 (disqualification cannot be based upon hearsay
or other inadmissible evidence). Cf., Anastos v.'Lee
(2004) 118 Cal.App.4th 1314, 1319 (declarations ip
support of a Code of Civil Procedure section 473
motion must include proper foundation, i.e., personal
knowledge.). A party's belief as to a Judge's biap and
prejudice is irrelevent and not controlling in a
motion to disqualify for cause, as the teat applied is
an obj ecti ve one. United Farm Workers of ]~merica v.
Superior Court (1985) 170 Cal.App.3d 97, 104;
Stanford University v. Superior Court (19135) 173
Cal.App.3d 403, 408 (ltthe litigants' necessarily
partisan views do not provide the applicable frame of
reference. It R.ulings and findings do not constitute a
valid basis for disqualification. As stated by the
California Supreme Court in People v. Guerra (200,6)
37 Cal. 4th 1067,1112, "a trial court's numerous
rulings against a party- ·-even when erroneous - -·do not
establish a charge of judicial bias, especially when
they are subject to review. 1t
I
Because the statement of disqualification o~ its
face discloses no legal grounds for disqualificat;ion,
it is ordered stricken pursuant to Code of Civil I
Procedure §170.4, subdivision (b). The parties ire
reminded that this determination of the quest:i.<;m of
the disqualification is not an appealable ordeJt ~nd
may be reviewed only by a writ of mandate from t~e
Court of Appeal sought within 10 days of notice to
the parties of the decision. In the event that a
timely writ is sought and an appellate court I
determines th,,,t an answer should have been tim~lr
filed, such an answer is filed herewith. See PEA)
LLC v. KPOD, LTD (2003) 112 Cal.App.4th 96:;, 972f
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civil Divisi.on
II -
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI~
lb ! 'I
CAS E HIS TOR Y
Date Activity
The longstanding rule in California has been: that

stock ownership must be in a party to be
disqualifying. Paragraph (b) of section Code of ~ivil
Procedure section 170.5 defines "financial int~r~st"
for the purposes of disqualification and J:ecus,H'1
with certain exceptions, as "ownership of more t!ian
a 1 percent legal or equitable interest in a pqr~y,
or a legal or equitable interest in a party of a fair
market value in excess of one thousand five hurid~ed
dollars ($1,500) .... " I
available California authorities are consistent
therewith. See Central Pacific Railway Company v,
Superior Court (1931) 211 Cal.706, which held that
where the trial judge was a stockholder in a hq>14ing
company which owned practically all of the stoq:klof
a bank that was a defendant, the judge was deerre
qualified to hear the proceeding because the bcltnlt was
not a party.
Recently, the California Supreme Court ha~
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CAS E HIS TOR Y REPOB:T
Santa Monica - West: Dist:dct
Civil Division
[,
lb :=;====1=========0=:'.]'1
CAS E HIS TOR yo
Date Activity
applied that same reasoning in denying

disqualification for cause where members of the Court
had a financial interest in an amicus curiae. Se~
Supreme Court Docket, City of Hope v. Genetech,
S129463, letter dated June 1, 2007. The Supreme
Court sent the following letter to counsel re Notice
Concernir..g Necessity to Recuse:
A justice is required to recuse h.im or

herself when he or she has specified
financial or other interests in a party
appearing before the court.
The court has been a.sked whether the same

recusal requirement applies when a justice
has similar interest in an amicus curiae,
but not party_ No statute, Canon of Ethics,
or rule requires recusal under such facts.
Recusal is required if a judicial officer
or·a specified member of the justice's
household has a financial interest in the
matter, defined as an "ownership or moxe
than 1 percent legal or equitable inte'rest
in a party, or a legal or equitable
interest in a party of a fair marke~ ~alue
exceeding one thousand five hundred
dollars." (Code of Judicial Ethics, c~non
3E(5) (d), italics added.) There may, qf
course, be some circumstances in whicrt
recusal based on a non-party intere~t
would be appropriate pursuant to caT).oq
3E (4) (c) of the Code of Judicial
Ethics, requiring disqualification ~f "the
circumstances are such that a reasonaple
person aware of the facts would doubt the
justice's ability to be impartial."
Nevertheless, it is clear that the

applicable laws and regulations do nq>t
automatically require disqualifica.tidm
I
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civil Divis.ion
Ir ' I I
I Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIk II
IL II
CAS E HIS TOR Y
Date Activity
based upon a financial interest in a

non-party to the action.
Each justice has a duty to hear the

matters assigned to him or her in the
absence of a ground for disqualificat,ion.
(Canon 3B(1).) Moreover, it is important
to the administration of justice to avoid
potential for "justice-shopping" that'
might occur if non-parties were to fi,le
amicus curiae briefs or letters in order
to disqualify an otherwise qualified
jurist in an individual case.
In this case, Countrywide is not a party. At.

best, Countrywide is a witness which has sought a:
protective order. In such circumstances, the app~llate
courts have traditionally held that a status as a:
witness, even a witness that has sought a prot~c~ive
order, is not sufficient standing to provide a ba,sis
for disqualification. See, e.g., Avelar v. super~or
Court (1991) 7 Cal.App.4th 1270, (a non-party police
agency seeking to avoid disclosure of police
disciplinary files did not have standing for
disqualification purposes). In addition, while the
Legislature has provided for implied disqua.lification
where a relative of a judge is a witness in the
proceeding (see Code of Civil Procedure
§170.1(a) (1) (B)), the Legislature has not prov:i.d~d
for any implied or imputed disqualification whertf the
judge has a financial interest in a non-party wiiness.
Accordingly, the court finds no basis for
disqualification on the basis of its limited stOfk
ownership pur:3uant to Section 170.1 (a) (3) of thEi!
Code of Civil Procedure.
The final issue is whether recusal is apPfofriate

pu.rsuant to Section 170.1(A) (6) of the Code of Ct-vil
Procedure. Section 170.1(A) (6) provides that
disqualification is appropriate if for any reason:
(i) The judge believes his or her recusal would
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Santa Monica - West: District
Civil Division
rr======
IICase Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZER*1 Ii
lb=====
CAS E HIS TOR Y
Date Activity
;urther-~he in~erests of justice, (ii) The =;Udg~ r

believes there is a substantial doubt as to his of
he:r capacity to be impartial, or (iii) A person ay;are
of the facts might reasonably entertain a doubt that
the judge would be able to be impartial. (ii) aPd~
(iii) do not apply. The undersigned judge has nb
doubt as to his capacity to be impartial. Nor w~u, d a
person aware of the facts of the judge's stock
ownership reasonably entertain a thought, let a~one a
doubt, that the judge would be able to be impartikl.
I
The undersigned judge does believe, however, I that
his recusal in this case ~ould further the inte~ests
of justice. Given Mr. Zernik's pattern of filinb ~
repetitive ex parte applications, motions for r~l'ef,
and challenges to judicial officers hearing thi~
case, the issue of the undersigned judge's stoc~
ownership in County Financial Corporation is bo,und to
create additional rounds of motions and challengels
from Mr. Zernik. thus causing further delays i.9the
case, to the prejudice of plaintiffs and even to Mr.
Zernik. The interest of =justice would best be qeIlved
by recusal of the undersigned judge from this ~a~e at
this time, and by reassignment of this case to I
another judicial officer by the Supervising Judge of
this district. I
The undersigned judge has done his best, ~fter
the disqualification or recusal of three other judges
in this district. to fulfill his duty pursuant to
Section 170 of the Code of Civil. Procedure to q.ecide
all proceedings in which his is not disqualiU<id. For
the reasons stated in this order, however, thel
undersigned judge concludes that recusal from ~his
case at this time is in the interests of justi~e.
Because the reasons for the undersi9ned judge's
recusal arose and were learned of within the Ptst few
days. this recusal order has no effect on the rulings
made by the undersigned judge up to this point in
time.
See Code Civ. Proc. § 170.3(b) (4).
PAGE; 17:; 01/07/10 14:59:05


Civil Division
Ir i I Ii
I! Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZER.¥If !I
CAS E HIS TOR Y
Date Activity
GOOD CAUSE APPEARING THEREFORE, I t is so at-dired.
Dated: December 04, 2007
-----------------._---~-
Hon. John L. Segal
Verified Answer of John L. Segal
I, John L. Segal, declare:
1. I am a J'udge of the Superio,ir r:ourt

and as such have been assigned to preside over ~h~s
case. 1
2. I am not prejudiced or biaseJ
against or in favor of any party to this procee;di~g
or their counsel.
3. All rulings made by me in this

action have been based upon facts and arguments
officially presented to me and upon my underst~ncFng
of the law. My statements and rulings are set fJo~th
in the records and the files herein, which are t~e
the best evidence hereof. To the extent the mmH g
party I s statement of tho:3e rulings and statemerlt are
inconsistent therewith, they are denied. I
4. All statementEl made by me: anq. all
actions taken by me in this proceeding have be~nldone
in furtherance of what I believe were my judicial
duties. I 1
5. I own 430 shal~es of Countrywid
Finance Corporation stoc~. A~ set forth in the, I
attached order, Countryw1de 1S not a party to these
proceedings, and, based upon my understanding ~flthe
law, ownership of stock must be in a party to ~e a
disqualifying financial interest. .
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CAS E HIS 'f 0 R Y REP 0 R. T
Santa Monica - West: District I

C.ivil Divisi.on
rr=
I
ZERNI~
II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH II
l.l:
CAS E HIS~~ORY
Date Activity
I declare under penalty of perjury that the ~

foregoing is tcue and correct and of my own perso.al
knowledge, except as to those matters stated to b on
my information and belief, and as to those matter[, I
believe them to be true.
Executed this 04 day of December.

2007, at Santa Monica, California.
J"ohn L. Segal
Acting pursuant to the Order' of the Master Calendar

for the West District of the Los Angeles superiorl
Court, the Honorable Gerald Rosenberg, Supervising
Judge presiding, this action is transferred fort~with
for all purposes to Department WE-X, the Honorabl1e
Lisa Hart Cole, presiding.
All hearing da,tes previously scheduled are advanc1ed

and vacated. Any presently calendared motions sh~ll
be re-scheduled and re-noticed for hearing by the
moving party in the newly assigned department. I
Counsel for all parties are ordered to indicate on
all future documents to be filed with the Courtl ~n
this matter the name of the newly assigned jUd~c~al
officer in the caption below the case number. ' I
The case is set for a Status Conference on Jam,laliY
10, 2008 at 8:30 a.m., in Department WE-X, of th
Beverly Hills Courthouse.


a party to the cause herein, and that this date t
PAGE: 177 .01/07/10 14:59:05
1
CAS E HIS TOR Y REPORT I

Santa Monica - West D.istrj.ct
civil Division I
I
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERN1K
i I
CAS E Ii 1ST 0 R Y
Date Act:ivity
, I
--------r----t
served Notice of Entry of the above minute ord~rlof
12/04/07 upon each party or counsel named beloW my
depositing in the United States mail at the co*rthouse
original entered herein in a separate sealed e~vtlope
:Eor each, addressed as shown below with the po$t<jl.ge
thereon fully prepaid. .
By:
ELM.~ MORA

.f\TTORNEY FOR CROSS-DEFENDANT

JOSEPH ZERNIK
DEFENDANT, DEFENDANT IN PRO PER
BRYAN CAVE
120 BRO.ADWAY
SUITE 300
SANT.A MONICA, CA 90401-2305
PlI.STERNAK, PASTERNAK & PATTON

RECEIVER
PAGE: 17:3 01/07/10 14:59:05


civil Division
II Ii
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNiK II
I' !J
CAS E HIS TOR Y
Date Activity
SUITE 2200

Case Reassigned for all purposes

Motion MEMO
FOR AN ORDER TO SET BOND

Motion MEMO
.Advanced to this date & Vacated
TO ENFORCE THE JULY 23, 2007
PROTECTIVE ORDER
12/05/07 Document: Filed

Notice MEMO
NOTICE OF ORDER
On Behalf of SAMAAN, NIVIE Plaiht~ff

12/06/07
Document: Filed
Notice of Hearing
Filed By Cave, Bryan Attorn'ey for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defend~nt
PAGE: 179 01/07/10 14:59:05

CAS E HIS TOR Y REP 0 :R T

civil Division
ff ! II
I Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZER;NI,K II
I' ' I II
CAS E HIS TOR Y
Date Activity
AGAINST JUDGE LISA HART COLE
On Behalf of ZERNIK, JOSEPH Defeqdant

12/07/07 Event I
Exparte proceeding ,
Patricia L. Collins
11: 45 am
HECEIVER'S EX PARTE APPLICATION FOR ISSUANCE OF ORDER:
1) APPROVING ESCROW DOCUMENTATION(INCLUDING GHAN1I
DEED) SIGNED AND SUBMITTED TO ESCROW BY RECEIVER:
2) AUTHORIZING RECEIVER TO SIGN AND SUBMIT TAX
DOCUMEN~~TION TOO ESCROW;
3) AUTHORIZING RECEIVER TO ENTER INTO MARA ESCROW
COMPANY INDEMNITY AGREEMENT; AND
4) PROHIBITING DEFENDANT,JOSEPH ZERNAK FROM
COMMUNICATING DIRECTLY WITH ESCROW, TITLE INSUEEE, OR
BUYER'S LENDEI~, AND ORDER THEREON:
At 11:45 A.M., no appearance by defendant,JOSEPH

ZERNIK, court goes forward with the ex parte
application.
At 11:55 A.M., defendant,JOSEPH ZERNIK now app~ats.

Challenge puri3Uant to Code of Civil Procedure
section 170.3 filed by defendant,Zernik against
Judge COLLINS is ordered striken by the court.
The matter is called and argued .
'b
. f ter arguments, Rece~ver's
A a ove-cap~onec I
t ' · i ex p~rte
application is granted as outlined in the the Or~er
thereon filed and incoporated herein.
Copy of said Order given to all parties.
DAVID PASTERNAK,counsel for receiver to give n9tice.

E~parteproceeding
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CAS E HIS TOR Y REPO,R'l'
II
Santa Monica - West District I
civil Division
Ii ' I II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSE~H ZE~~K II
U II
I
CAS E HIS TOR Y
Date Activity
Completed

Order
MEMO
Receiver
RE EX PARTE

Motion - Protection Order
MEMO
(NON-PARTY COUNTRYWIDE)

Status Conference

Receiver
BY RECEIVER FOR ISSUANCE OF ORDER
Filed By PASTERNAK, PASTERNAK & PATTON I~ecei ver

MEMO
$40.00
Other Pmnt
RECEIPT #BH490068002
Paid By PASTERNAK, PASTERNAK & PATTON Rece~ver
12/07/07 Event
Exparte proceeding
MEMO
Lisa Hart Cole
8: 30 am
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Civil Division
Ir I I
II Case Number: SCO 87400 NIVIE SAMAAN VS. JOSEPH ZERt\fIr:
l!: ! i Ii
CAS E HISTORY
Date Activity
EX PARTE APPLICATION OF RECEIVER DAVID J. PAS'I'ErodlAK

FaIt ISSUANCE OF ORDER:
(1) APPROVING ESCROW DOCUMENTATION (INCLUDING G~
DEED) SIGNED AND SUBMITTED TO ESCROW BY RECEIV~R;
(2) AUTHORIZING RECEIVER TO SIGN AND SUBMIT TA~
DOCUMENTATION TO ESCROW;
(3) AUTHORIZING RECEIVER TO ENTER INTO MARA ESORqW
COMPANY INDEMNITY AGREEMENT; AND
(4) PROHIBITING DEFENDANT JOSEPH ZERNIK FROM I
COMMUNICATING DIRECTLY WITH ESCROW, TITLE INSURER',
OR BUYER'S LENDER;
PEREMPTORY CHALLENGE PURSUANT TO CODE OF CIVIL

PROCEDURE SECTION 170.6 BY DEFENDANT JOSEPH ZERNtK I
IN PRO PER;
The Court is in receipt of a peremptory challe~g~

under Code of Civil Procedure section 170.6 filed by
defendant Joseph Zernik, in pro per, against ,J d~e
Lisa Hart Cole on 12-7-07. The Court finds th,t
said peremptory challenge is timely filed and tn the
proper format, and it is accepted.
Pursuant to the order of the Master Calendar f¢r the

West District of the Los Angeles Superior Cour\t:,
Patricia L. Collins, Acting Supervising Judge
presiding, the above-entitled action is reassi$ned
for all purposes to Judge Terry B. Friedman in
Department West J, located at 1725 Main Street,
Santa Monica, CA 90401. Any hearings currently. et
1
:in Department West X are ordered advanced tot~i~
date and vacated.
;~y presently calendared motions shall be

re-scheduled and re-noticed for hearing by the
moving party in the newly assigned Department.
Moving party is to contact the newly assigned
Department for a motion hearing date suitable to
that Department's calendar.
PAGE: 182 01/07/10 14:59:05


civil Division
rr II
I Case Number: SCO 87400 NIVIE SAMAAN VS. JOSEPH ZE$IK II
l'-' II
CAS E HIS TOR Y
Date Activity
However, the above-referenced ex parte applicatio~

is transferred forthwith to Department West B,
located at 1725 Main Street, Santa Monica, CA 904pl,
to be heard by Judge Patricia L. Collins as
Department West J is dark today.
The Receiver David J. Pasternak, Esq. is to give

notice.
The Court gives Notice of Case Reassignment to

Department West J to the Receiver David J.
Pasternak, Esq. via the Court's minute order. T~e
Receiver David J. Pasternak, Esq. is directed to
give notice to all parties.

I, the below named Executive Officer/Clerk of th1

a party to the cause herein, and that this date :+
served Notice of Entry of the above minute ord~r of
depositing in the United States mail at the covrihouse
in Beverly Hills, California, one copy of the I.
original entered herein in a separate sealed envylope
Date: 12-7-07
By:
N. Lee
DAVID J. PASTERNAK, ESQ., RECEIVER

1875 CEKTURY PARK EAST, SUITE 2200
PAGE: 183 01/07/10 14:59:05

Civil Divi.sion
.-==
r"- ,I
II Case Number:
l!,
SC087400
_
NIVIE SAMAAN VS. JOSEPH ZERNIk
I 'I
i
CAS E HIS TOR Y
Date Activity
(DEFT FILED 170.6 AGAINST JUDGE

COLE THIS MORNING. CASE REASSIGNED
FOR ALL PURPOSES TO JUDGE FRIEDMAN
IN DEPT. J. HOWEVER, TODAY'S EX
PARTE APPLIC TRANS FW TO DEPT. B,
~mDGE COLLINS AS DEPT.J DARK TODAY
12/07/07 l?vent Complete

Exparte proceeding MEMO
Other: See Memo Box below
(DEFT FILED 170.6 AGAINST JUDGE

COLE THIS MORNING. CASE REASSIGNED
FOR ALL PURPOSES TO JUDGE FRIEDMAN
IN DEPT. J. HOWEVER, TODAY'S EX
PARTE APPLIC TRANS FW TO DEPT. B,
,JUDGE COLLINS AS DEPT.J DARK TODAY
12/10/07 Event
Motion MEMO
,John L. Segal
8:30 am
FOR AN ORDER TO SET BOND

Notice of Appeal MEMO
NO FEE PAID.

Non-Party Countrywide Home Loans,
PAGE: 184 /07/10 14:59:05

CAS E HIS TOR Y REP 0 til T
Civil Division
~ Case
II
l!= Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZER~I
: *
II
CAS E HIS~rORY
Date Activity
Inc. 's - and motion (l)to enforce

the July 23, 2007 protective order
against. Defendant ,Joseph Zernik in
the amount of $16,171; (2) for
monetary sanctions against ...
I
Attorner for Intervenor
Defenda:nt
12/1.2/07 Document Fi.led

Declaration MEMO
Supplemental - John W. Amberg to

present new evidence in support of
non-party Countrywide Home Loans,
Inc. 's motion (1) to enforce the
July 23, 2007 protective order
against Defendant Joseph Zernik ...

Atto:t;'ney for Intervenor
Defen.dJnt
1.2/1.2/07 DocUInen t F.i 1 ed
Proof of Service
Filed By Cave, Bryan A,tt01n~y for Intervenor

On Behalf of Countrywide Home Loans, Inc. Defendant .

1-1otion MEMO
Terry B. Friedman
01/11/08 at 8:45 am
Non-party Countrywide Home Loans,

Inc. 's - to enforce protective
order, sanctions. (Reset by the
court from 1-11-08 by ex parte
application) .
2.) Further Status Conference.
PAGE: 18~; 1/07/10 14:59:05

,
C A s: E HIS TOR Y REP 0 R ']~ I

Civil Division
i
II
~ Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH Z-;~K II
~
. 'I
, I
CAS E HIS TOR Y
Date Activity

Notice of Ruling
Receiver
Filed By PASTERNAK, PASTERNAK & PATTON Receiver

Notice of Ruling
Receiver I I
Filed By Countrywide Home Loans, Inc. Defendant

Receiver
RECEIVER'S FIRST INTERIM REPORT
FOR THE TIME PERIOD FROM THE
COMMENCEMENT OF THIS RECEIVERSHIP
THROUGH 11-30-07
Notice

Notice MEMO
OF' ORDER
On Behalf of ZERNIK, JOSEPH Defendtnt

Filed By Zernik, Joseph DefePdrnt, & Defendant in
$40.00
Other Pmnt
PAGE: 186 01/07/10 14:59:05


civil Division
r Case Number: SC087400 = NIVIE SAMAAN VS. JOSEP~ ZERJI1

l!: _.---===========,===
-- ----r-T
CAS E HIS TOR Y
Date Activity
T
Filed By Cave, Brya.n Attorrter for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defenl1ant

FOR AN ORD. SPECIALLY SETTING THE

HEARING DATE FOR NON-PARTY MOT. TO
ENFORCE THE 7/23/07 PROTECTIVE ORD
AND FOR OTHER RELIEF

On Behalf of Countrywide Home IJoans, Inc. Defenjdant
12/13/07 Event
Ex·-Parte Application
Terry B. Friedman
9:00 am
NON-PARTY'S (COUNTRY WIDE HOME LOANS, INC.) EX PARTE
I
APPLICATION FOR AN ORDER SPECIALLY SETTING THE H~ARING
DATE FOR NON-PARTY COUNTRYWIDE HOME LOANS, INC. '~
r-mTION TO ENFORCE THE JULY 23, 2007 PROTECTIVE O!~.DER
l~GAINST DEFENDANT JOSEPH ZERNIK AND FOR OTHER RE~IEF;
{MOT. 2/7/08)
Countryside's ex parte motion is read, considefe

argued, and granted.
Motion date set on February 7, 2008 is advancel1 to

this date and reset on January 11, 2008 at 8:4talm.
in Department WE.T.
Moving party is to give notice.
PAGE: 187 01/07/10 14:59:05

CAS E HIS T () R Y REP 0 R T
Santa Monica .. West District

civil Division
rII Case Number: SC087400 = ~

NIVIE SAMAAN VS. JOSEPH ZElmI
~ = ~
CAS E HIS TOR Y
Date Activity

Motion Granted

Declaration MEMO
OF JENNA MOLDAWSKY IN SUPPORT OF

EX PARTE APP.
Filed By
On Behalf of
Cave, Bryan
Countrywide Home Loans, Inc.
Attor~el
Defenda~t
for Intervenor
Document Filed
12/13/07
Proof of Service
A.ttorney for Defendant
Filed By Cave, Bryan AttOrjnetf for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defen;daJnt 1

!Vlotion MEMO

application) .

Notice
Filed By ZERNIK, JOSEPH Defendant

PAGE: 188 01/07/10 14:59:05

Santa Monica .. West District

civil Division
rr= II
II Case Number: SCOB7400 NIVIE SAMAAN VS. JOSEPH ZERNI~ IIII
lb
CAS E HIS TOR Y
Date Activity
granting Counntrywide Home Loans,
Inc. 's ex parte application for an
order specially setting a hearing

date.
Filed By Cave, Bryan Attorner for Intervenor

On Behalf of Countrywide Home Loans, Inc. Defenoant

Order MEMO
GRANTING EX PARTE APP FOR AN OST

OF HRNG DATE ON MOT. TO ENFORCE
PROTECTIVE ORDER IS SIGNED BY
JUDGE FRIEDMAN THIS DATE.

12/17/07 Event
Terry B. Friedman
9:00 am
CASE REVIEW (NON-APPEARANCE);
Upon review of the court file, the Court orders' 9hat

a further status conference be set on January ~l~ 200B
at 8:45a.m. in Department WEJ to be heard with m9tion
previously set on that date. I
Counsel for receiver, David Pasternak is to give

notice.

I, the below named Executive Officer/Clerk of nh~

above-entitled court, do hereby certify that I a1 not
a party to the cause herein, and that this dat~ 1
PAGE: 189 01/07/10 14:59:05

.
II
l!:
Case Number: SCOB7400 -
Civil Division
NIVIE SAMAAN VS. JOSEPH ~

ZE~ "
II
CAS E HIS TOR Y
Date __________
Activity ---l
served Notice of Entry of the above minute orde~ ~f

12/17/07 upon each party or counsel named b1elow by
depositing in the United States mail at the court~ouse
in Santa Monica , California, one copy of the ~
for each, addressed as shown below with the post~ge
By:
J. Citron
David Pasternak
Pasternak, Pasternak & Patton
1875 Century Park East, Wuite 2200
Los Angeles, California 90067-2523

Order Issued

re Complaint Requesting Remedies:
Due Process of the Law;
Records for Sppeal;
I '
Filed By Zernik, Joseph Deferdrnt, & Defendant in
Document Filed
12/20/07
Notice of Change of Address
PAGE: 190 01/07/10 14:59:05

Santa Monica _. West District

civil Division
IIr Case Number; SCO 8 7400 NIVIE SAMAAN VS. JOSEPH ZEllliIE:
I
lb I II
CAS E HIS T 0 :R Y
Date Activity
LJ
Filed By Zernik, Joseph Defen~a~t, & Defendant in

I
Notice MEMO
Defendant & Cross-complainant

Joseph Zernik's notice of
Countrywide's document purported
by Plaintiff as a valid
underwriting decision/condition
letter from mid-October, 2004.


Notice MEMO
Receiver
NOTICE OF FURTHER STATUS
CONFERENCE 1-11-08 8:45 AM DEPT J
Filed By PASTERNAK, PASTERNAK & PATTON Receive

12/26/07 Event
Exparte proceeding
Gerald Rosenberg
8:30 am
DEFENDANT/CROSS-COMPLAINANT I S EX PARTE APPLIC11.TIdN
FOR VARIOUS COURT ORDERS, 1 THIm 14:
Matter is called and argued.
After arguments, the court rules as follows on t]e

following ex parte orders:
PAGE: 191 1/07/10 14:59:05

CAS E HIS TOR yo REP 0 R T

civil Division
- rI
I
IF
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZEIlliIK
lb
CAS E HIS TOR Y
Date Activity
1)-ORDER TO NO;ICE RE-ASSIGNMENT TO ,JUDGE FRIEDl

Court i.nforms defendant that the instant case has
already been assigned to Judge FRIEDMAN.
2) ORDER FOR CHANGE OF VENUE OUT OF LA COUNTY i~

DENIED.
3) ORDER TO INVALIDATE ORAL RULE RE: SUSTAIN DATA

AS PRIVILEGED is DENIED.
4) ORDER TO RELEASE SUSTAIN DATA TO PARTIES is

DENIED.
5) ORDER TO INVALIDATE ORAL RULE RE: NO JUDGE IN"

WEST DISTRICT OVERRULE ANOTHER:
Court informs the defendant that it does not have
the power to overule another Judge. Court inforllls
the defendant that the proper forum would be thb
Court of Appeals.
6) ORDER TO VACATE ALL JUDGE CONNOR'S ACTION .A'F'rI

JULY 12,2007 is DENIED.
7) ORDER TO VACATE ALL ACTIONS BY SUBSEQUENT JUD S

.A,CTING WITH NO RE-ASSIGNMENT ORDERS is DENIED.
8) ORDER TO VACATE ALL ACTIONS BY JIIDGE SEGAL AF~ER

OCTOBER 15,2007 is DENIED.
9) ORDER FOR RECEIVER TO ISSUE FINAL REPORT ANI)

RELEASE FULL BALANCE MINUS $10,000 WITHIN 24 HqU~S;
]\LTERNATIVELY - TO ISSUE FINAL REPORT AND RELI~~SEJ
FULL BALANCE WITHIN 7 DAYS, AND FOR TERMINATION dF
HECEIVER' IMMEDIATELY UPON SUCH RELEASE OF FUND~I
is deferred to Judge Friedman. Defendant is ad~i1ed
by the court that any rulings re receivership ~hall
be defered to Judge Friedman.
10) ORDER FOR LEAVE TO AMEND CLAIMS is defered to

~JudgeFriedman.
PAGE: 192 IDI/07/10 14:59:05

CAS E HIS~rORY REP 0 R T
Santa Monica -- West: District I

civi.l Division
rr======: ~=========il
ZER~IJ
IICase Number: SC087400 NIVIE SAMAAN VS. JOSEPH ,I
lh===== ===:============: -4----1
~
CAS:e: HIS~?O:RY
Date Activity _...i-I

- - - - - - - - - - - - - I ,f--------
11) ORDER FOR PROHIBITING SAMAAN FROM LISTING 'rEiE
PROPERTY FOR SALE OR FROM SELLING OR TRANSFERRI*G
OTNNERSHIP IN FULL OR IN PART TO OTHERS is defered
to Judge Friedman.
12) ORDER FOR CLERK'S OFFICE TO INCLUDE THE FOLLOWING

AS PART OF THE COURT FILE: a) ALL LETTERS BETWE~NI
PROPROSED REFEREE O'BRIEN AND JUDGES IN THIS CAf'E~
and b) ALL EMAIL NOTES BETWEEN JUDGES AND RESPE~TtVE
CLERKS IN THIS CASE is defered to Judge Friedmap./
I1
13) ORDER FOR CLERK'S OFFICE: a) TO ENSURE THAT , C!PURT

r
FILE IS IN GOOD ORDER WITHIN 30 DAYS, b) IMAGE fIrE
IMMEDIATELY FOLLOWING THAT DATE; and c) THAT NO
CHANGES BE MADE IN CLOSED FILE VOLUMES AFTER THfl.T,
DATE: the court informs the defendant that the clerk's
office is ordered to make the court file availablk
to the defendant.
14) ORDER THAT A PERSON AUTHORIZED BY THE COURTi

SUBMIT WITHIN 30 TO 45 DAYS A REPORT EXPLAINING!
HOW CERTAIN NOTES WITH INVALID DATES WERE ENTERiED
IN SUSTAIN is DENIED.
The court declines to sign defendant's Proposed!

Order. The Minute Order shall be the Order of the I'
Court.

Exparte proceeding
Completed
12/28/07 Event
Motion MEMO
.John L. Segal
9:00 am
TO ENFORCE THE JULY 23, 2007
PROTECTIVE ORDER
PAGE: 193 1/07/10 14:59:05

Civil Division
rr= - I i
lb _ I f II
I i
CAS E HIS'rORY
Date Activity
12/28/07 Document Fil.ed

Not.ice
l MEMO
NOTICE OF INTERESTED PERSON
Filed By Cave, Bryan Attorpev for Intervenor

On Behalf of Countrywide Home Loans, Inc. Defentl.apt
Filed By Shatz, Sanford Forme~ Attorney for Defen

Declaration MEMO
IN SUPPORT OF ZERNIK'S OPP. TO MOT

FOR SANCTIONS BY COUNTRYWIDE AND
APPEALS AND WRITS
On Behalf of ZERNIK, JOSEPH Defenda:nt

Filed By Zernik, Joseph Deferlda:nt, & Defendant in

Brief MEMO
Jl.ttorney for Defendant

Inc. 's reply brief in support of
its motion to enforce the July 23,
2007 protective order against
Defendant Joseph Zernik and for
other relief; declaration of ...

Defehd!nt
01/07/08 Event
Final Status Conference

MEMO
8; 30 am
PAGE: 194 1/07/10 14:59:05

San ta Moni ca - West: District

c.i vi.l D.i v.ision
rr=
lb
CAS E H :r S or 0 R Y
Date Activity
JT: 1-11-08
01./07/08 Event
8:30 am
IJT: 1-11-08
01./07/08 Document Filed

Receiver
Receiver's disclosure re
relationship with interested
person.

Receiver
Receiver's second interim report

for the month December 2007.

Countrywide Home Loans, Inc. 's

ob=iection to defendant Joseph
Zernik's notice of declaration in
support of zernik' s oppo~;ition to
Countrywide's motion to enforce
the July 23, 2007 protective ...
PAGE: 195 ~1/07/10 14:59:05

Civil Divis:ion
IIrr=
~
Case Number: SC087400
,
NIVIE SAMAAN VS. JOSEPH ZEIUU
I
f IIII
q
! '
CAS E HIS'rORY
Date Activity
Filed By Cave, Bryan AttorFe y for Intervenor

On Behalf of Countrywide Home Loans, Inc. Defentlaht

Declaration MEMO
Second supplemental declaration of

J'ohn W. Amberg to present new
evidence in support of Countrywide
Home Loans, Inc. 's motion to
enforce the July 23, 2007
protective order and for other rlf
On Behalf of Cave, Bryan Attorn~y for Intervenor

Filed By Countrywide Home Loans, Inc. Defendant
01/10/08 Event
Status Conference
Lisa Hart Cole
8:30 am
01/11/08 Event
.Tury Trial MEMO
9:30 am
est time: 5-7 days
01/11/08 Event
Motion MEMO
Terry B. Friedman
8:45 am
CROSS-COMPLAINANT'S (COUNTRYWIDE HOME LOANS, INC)
MOTION TO ENFORCE THE JULY 23, 2007 PROTECTIVE OkDER
AGAINST DEFE~)ANT JOSEPH ZERNIK, FOR SANCTIONS, FOR A
I
DECLARATION THAT COUNTRYWIDE HAS NO OBLIGATION Tf
RESPOND FURTHER TO DEFENDANT ZERNIK REGARDING rH S
ACTION, AND FOR AN ORDER TO SHOW CAUSE RE WHY
DEFENDANT JOSEPH ZERNIK SHOULD NOT BE HELD IN ~O¥TEMPT
PAGE: 196 ~1/07/10 14:59:05

CAS E HIS~I'ORY REPOR'l'

civil Division
'. ~
rr Case Number ::=S=C=O=S=7=4=0=0=====N=I=V=I=E=S=AJ=vlAA==N=V=S=.==J=0=S=E=,P=H= ZEm:nJ "
~ .~ I
CAS E HISTO:RY
Date Activity
AND SANCTIONED ACCORDINGLY;
DEFENDANT/CROSS-COMPLAINANT'S (JOSEPH ZERNIK) EX PARTE

APPLICATION FOR VARIOUS COURT ORDERS, 9 THRU 13;
I
9) ORDER FOR RECEIVER TO ISSUE FINAL REPORT AND

RELEASE FULL BALANCE MINUS $10,000.00 WITHIN 24 HOURS;
ALTERNATIVELY - TO ISSUE FINAL REPORT AND RELEASE I
FULL Bl~LANCE WITHIN 7 DAYS, AND FOR TERMINATION 0
RECEIVER IMMEDIATELY UPON SUCH RELEASE OF FUNDS;
10) ORDER FOR LEAVE TO MlIEND CLAIMS;
11) ORDER FOR PROHIBITING SAMAAN FROM LISTING THE

PROPERTY FOR SALE OR FROM SELLING OR TRANSFERRItJG
OWNERSHIP IN FULL OR IN PART TO OTHERS;
12) ORDER FOR CLERK I S OFFICE TO INCLUDE THE FOL,LO~HNG

AS PART OF THE COURT FILE: a) ALL LETTERS BETWEEN
PROPOSED REFEREE O'BRIEN AND J1IDGES IN THIS CASE, I AND
b) ALL EMAIL NOTES BETWEEN J1IDGES AND RESPECTIVE I
CLERKS IN THIS CASE
13) ORDER FOR CLERK I S OFFICE: a) TO ENSURE THAT, CbURT

FILE IS IN GOOD ORDER WITHIN 30 DAYS, b) IMAGE LE FII
IMMEDIATELY FOLLOWING THAT DATE; AND c) THAT NO
I
CHANGES BE MADE IN CLOSED FILE VOLID1ES AFTER THA'
DATE;
The Court issues it's tentative as follows:
Non-Party c~untrywide Motion to Enforce proteC~iJie

Order: Cont1.nue;
The Court is unable to rule on this Motion for t 0

reasons, one procedural and the other substanti,ve.
Procedurally, the Motion relies on a Memorandum if

PAGE: 197 ·1/07/10 14:59:05
I
CAS E H I S TOR Y REP 0 R T I

Santa Monica - West District !
Civil Division I I
rr===================== lJ
J! ~
CAS E HIS~rORY
Date Activity
Points and Authorities that is 20 pages, exceeding

the permissible 15 page length. (California Ruie~ of
Court Rule 3.1113(d)). Non-party Countrywide has not
applied to the Court for permission to file a m~mpran
dum in excess of the limit. (California Rules bf
Court Rule 3.1113(e)).
Substantively, it appears that the protective order

,
wa~; not lssue d 'ln regar d to an eX1S
' t'
.lng d'J.scoverYII
dispute because at the time it was issued countrY~Wide
had complied with Defendant Zernik's subpoenas. hus,
the Court questions the statutory or other authority
for issuance of the protective order which Countr~wide
seeks to enforce. The Court cannot enforce an im
proper order.
The Court requests further briefing on two issues,:
1.. the legal basis for the protective order.

2. whether the Court should take this Motion off
calendar and set, on its own motion, a Motion to
Reconsider the Motion for Protective Order.
The Court reiterates Receiver Pasternak's Disclosure

re relationship with the Court.
Defendan:: Zernik files Disqualification of Jud~e

Friedman pursuant to Section 170.3 of the Code ofi
Civil Procedures. I
The Court Order Striking Statement of DisquaLi.fication
and Verified Answer of Judge Terry B. Friedman i~
signed and filed this date.
Counsel argue re Motion to Enforce Protective Qrder

and re: Sanctions. I
The Court adopts the tentative as its order.
PAGE: 198 ~1/07/10 14:59:05

CAS E HIS'fORY REP 0 R. T
San ta Moni ca - West: District

C.ivil Division
II
ZE~
11
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH II
II
~ -
CAS E HIS or 0 R Y
Date Activity
Motion 'is continued to March 25, 2008 at 8:45a.J. lin

Department WEJ.
Status conference is held and continued to Marcfu 25,

2008 at 8:45a.m. in Department WEJ re report fd)ml
receiver.
Defendant Zern.ik's ex parte motion for various or,ers

9 - 13 are read, considered, and denied. I
Protective Order issued on July 23, 2007 remains ~n
full force and effect.

order, sanctions.

Notice MEMO
of suggestion: designate
Countrywide judge in in Samaan v
Zernik.

Filed By Zernik, Joseph Defenbaht, & Defendant in
01/11/08 Document Fil,ed

Notice MEMO
of Zernik's declaration:
inexplicable under assumption of
honesty ...
PAGE: 199 0~/07/10 14:59:05


c.ivi.I D.ivision I
rr=
II Case
lb
Number: ,sC087400 NIVIE SAMAAN VS. JOSEPH ZER~IJ
---.J
CAS E HIS'1~ORY
Date Activity
On Behalf of ZERNIK, JOSEPH Defen,a,t

I -f
F:Lled By Zernik, Joseph Defen1a t, & Defendant in

Filinq for immediate

disqualification of Judge Friedman
pursuant to CCP section 170.3.
On Behalf of ZERNIK, JOSEPH Defendaft

Filed By Zernik, Joseph Defen~a~t, & Defendant in

Notice MEMO
of document: Sustain Case
History.
On Behalf of ZERNIK, JOSEPH Defenpaht


Order MEMO
Court
striking statement of
disqualification and verified
answer of Judge Terry B. Friedman.

Motion MEMO
Motion continued

order, sanctions.
PAGE: 200 01/07/10 14:59:05


civil Division
rr======:
II Case Number: SC087400 NIVIE SAl"IAAN VS. JOSEPH ZEE+I+
lb: _=====,
CAS E HIS T 0 :R Y
Date Activity

Motion MEMO
Terry B. Friedman
02/15/08 at 8:45 am
order and other relief.
2.) Further Status Conference re
receivership.

Tentative Ruling MEMO
Court
RE MOT. TO ENFORCE PROTECTIVE
ORDER

Respondent's counter-designation
of additional documents for
clerk's transcrip~.

Filed By Sheppard, Mullin, Richter & Hamptcm Attorne~ for Plaintiff

Declaration MEMO
Notice of Zernik's declaration ...
PAGE: 201 a1/07/10 14:59:05


civil DivisJ:on
r
l!:::
Case Number: SC087400 NIVIE SAl'1AAN VS. JOSEPH ZEJIJ
i
1
I
II
II
CAS E HIS TOR Y
Date Activity
On Behalf of ZERNIK, JOSEPH Defen~aXt

, I •
Filed By Zernik, Joseph Defen~a~t, & Defendant In

Declaration MEMO
OF JENNA MOLDAWSKY IN OPP. TO

DEFT. ZERNIK'S EX PARTE APP. FOR
AN OSC WHY COUNTRYWIDE HOME LOANS
DID NOT SERVE ZERNIK WITH NOT. OF
7/23/07 PROTECTIVE ORDER

On Behalf of Countrywide Home Loans, Inc. Defendart

Filing for immediate disqual.
of Judge Friedman pursuant to
CCP section 170.3. (Struck by
court) .

Filed By Zernik, J'oseph Defendant, & Defendant in
01/15/08
~~t
Terry B. Friedman
I
j
9:00 am
PEREMPTORY CHALLENGE PURSUANT TO SECTION 170.6 IQ
THE CODE OF CIVIL PROCEDURES;
Defendant Joseph Zernik, defendant in pro per, f~les

a declaration for Immediate Disqualification o~
Judge Friedman Pursuant to Civil Code of ProcequX:es
Section 170.3 on January 15, 2008.
PAGE: 202 ~1/07/10 14:59:05

Civil DivisJ~on

rr= - - -
I
II Case Number; SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI~
l!:::
CAS E HISTO:RY
Date Activity
The Court deni~s the challenge for reasons as :t:¢-!

fleeted in the minute order of January 11, 2008 aId
in the Court Order Striking Statement of Disqua:j.i i
cation and Verified Answer of Judge Terry Friedrj1a,
filed on that date.
Defense counsel in pro per is to give notice.


above-entitled court, do hereby certify that I ami not
seIved Notice of Entry of the above minute order ·0f
1/15/08 upon each party or counsel named b~lbwI
by
depositing in the United States mail at the Cou:j::t,ouse
in Santa Monica , California, one copy of the
for each, addressed as shown below with the post:a~e
Date: ~Tanuary 15,2008
By:
J. Citron
Joseph Zernik
2415 Saint George Street
Los Feliz, California 90027
Motion Denied

Notice of Ruling
PAGE: 203 OQ/07/10 14:59:05

CAS E HIS'rORY REP 0 R. T

c.ivil Division
r I
I

lb I 1 'I
, I
CAS:e: HIS'J~ORY
Date Activity
I
Filed By Cave, Bryan Attornei for Intervenor

On Behalf of Countrywide Home Loans, Inc. Defenc;1a~t
Filed By Shatz, Sanford Forme~ Attorney for Defen
01/18/08 ,Iournal Entry
$40.00
Other Pmnt
Paid By Cave, Bryan AttorNey for Intervenor
On Behalf of Countrywide Home Loans, Inc. DefenctaTt

FOR AN OST TO HEAR MOT. TO ENFORCE

7/23/07 PROTECTIVE ORD. AGAINST
DEFT. ZERNIK AND FOR OTHER RELIEF

On Behalf of Countrywide Home Loans, Inc. DefendaI;lt
01/18/08 Event
Terry B. Friedman
8:30 am
NON - PARTY'S (COUNTRYWIDE HOME LOANS, INC.) EX PARTE
APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR
MOTION TO ENFORCE THE JULY 23, 2007 PROTECTIVE ORDER
AGAINST DEFENDANT JOSEPH ZERNIK AND FOR OTHER RELl:EF
ON THE EARLIEST POSSIBLE HEARING DATE;
There are no appearance by defendant Joseph Zer~ik nor

plaintiff's counsel.
Non-party's ex parte motion is read, considered,

and granted.
PAGE: 204 oa/07/10 14:59:05

CAS E HIS or () R Y REP 0 R T

civil Division
,
rr====== T
II Case Number: SC087400 NIVIE Sl~ VS. JOSEPH ZEIUirII~

l!:::=====
CAS :11: HIS TOR Y
Date Activity
Motion to Enforce the July 23 2007 Protective Ore!ier

1
Against Defendant Joseph zernik and For Other Relief/

further status conference re receivership set on ~arch
25, 2008 is advanced to this date and continued t(])
February 151 2008 at 8:45a.m. in Department WEJ, I

Declaration MEMO

X-PARTE APP. FOR AN OST TO HEAR
MOT. TO ENFORCE 7/23/07 PROTECTIVE
ORD. AGAINST DEFT. ZERNIK AND FOR
OTHER RELIEF
Filed By Cave Bryan

l Attor~ey
I for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defenl:1a:ht

OF EX PARTE
Filed By Cave Bryan

I Attorpey for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defen~aht

EX-Parte Application
Motion Granted
01/18/08 Document FiJed

Order MEMO
GRANTING EX PARTE MOT. FOR OST

TO HEAI~ MOT. TO ENFORCE PROTECTIVE
ORDER AGAINST DEFT. ZERNIK AND FOR
PAGE: 205 OQ/07/10 14:59:05


civi.l Division
rr= ""TI
,
lb
CAS E HIS~~O:RY
Date Activity
Filed By
On Behalf of
OTHER RELIEF IS SIGNED BY JUDGE
FRIEDMAN THIS DATE
Cave, Bryan
Count.rywide Home Loans, Inc.
1

Defenda~t
01/18/08 Event complete

Motion MEMO
TO ENFORCE THE PROTECTIVE Ol:tDER OF

7/23/07 AND FOR SANCTIONS
/FURTHER STATUS CONF. RE RECEIVER
SHIP


Inc. 's amended notice of motion
and motion (1) to enforce the July
23, 2007 protective order against
defendant Joseph Zernik; (2) for
monetary sanctions against ...
Filed By Cave, Bryan Attorpey for Intervenor

On Behalf of Countrywide Home Loans, Inc. Defen¢lant
$40.00
Other Pmnt
Filed By Cave, Bryan Attorpey for Intervenor
On Behalf of Countrywide Home Loans, Inc. DefenBaht

Brief MEMO
Att.orney for Defendant
PAGE: 206 O~/07/10 14:59:05


civil Division
II - ==:=l
II Case Number:; SC087400 NIVIE SAMAAN VS. JOSEPH ZElWIK
lb
CAS:E: HIS~~O:RY
Date Activity
Supplemental brief of non-party

Countrywi.de Home Loans, Inc.' s in
support of Countrywide's motion to
enforce the July 23, 2007
protective order and for other
relief.

Defendar
(1) granting Countrywide Home

I
Loans, Inc. 's ex parte application
for an earlier hearing date on
Countrywide's motion to enforce
the protective order and for other
relief i (2) setting further ...

Defendart

Notice MEMO
Notice o:E change of hearing date

on Countrywide's motion to enforce
the July 23, 2007 protective order
and for other relief.

On Behalf of Countrywide Home l,oans, Inc.
Defendant
~?40.00
Other Pmnt
PAGE: 207 0~/07/10 14:59:05

Santa Moni.ca - West District

civil Division
II I j
II
CAS E HIS TOR Y
Date Activity
T
Paid By ZERNIK, JOSEPH Defepdant
01/29/08 Event I
Ex-Parte Application '
Terry B. Friedman
8:30 am
DEFENDMrT'S (JOSEPH ZERNIK) EX PARTE APPLICATION FOR
1
THE IMMEDIATE RELEASE OF ALL ZERNIK'S FUNDS HELDI BY
LOS ANGELES SUPERIOR COURT;
Defendant's ex parte motion is read, considered, and

denied as there is no notice of this ex parte tol the
receiver.

FOR THE IMMEDIATE RELEASE OF ALL

ZERNIK'S FUNDS HELD BY L.A. COURT
01/29/0B Event Complete

Motion Denied
01/30/08 Event
Terry B. Friedman
8:30 am
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLICATION!
FOR THE IMMEDIATE RELEASE OF ALL ZERNIK'S FUNDp HELD
BY LOS ANGELES SUPERIOR COURT;
PAGE: 208 01/07/10 14:59:05

CAS E HIS TOR Y REP OIR T

civil Division
Ii
II i
CAS E HIS TOR Y
Date Activity
Matter is caLled for hearing.
Defendant's ex parte application is read, Jonsid'ered,

and denied with prejudice.

Ex-Pa:rte Application
Motion Denied
$40.00
Other Pmnt
Paid By ZERNIK, JOSEPH Defend/ant

FOR AN ORD. FOR THE IMMEDIATE

RELEASE OF ALL ZERNIK'S FUNDS HELD
BY L.A. SUPERIOR COURT

Opposition MEMO
TO DEFT'S EX PARTE APPLICATION
On Behalf of SAMAAN, NIVIE ?rlaintliff

Filed By Sheppard, Mullin, Richter & Hampton Attor1ey for Plaintiff

Notice of Ruling
,I I
PAGE: 209 01/07/10 14:59:05


civil Division
, I
Ii II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNU:K IIII
II
CAS E HIS TOR Y
Date Activity
On Behalf of SAMAAN, NIVIE Plaint1iff

01/31/013 Event
Motion - Protection Order MEMO
Lisa Hart Cole
9: 01 am
(NON-PARTY COUNTRYWIDE)

Request for Judicial Notice MEMO
Defendant & cross-complainant

request for judicial notice in
support of his opposition to
Countrywide's motion for sanctions
and Zernik's notice of intent to
file for motion to vacate ...

02/01/0:3 Document Filed

Defendant & cross-complainant:

notice of intent to file a motion
to set aside and vacate judgment.

Filed By Zernik, _Toseph Defen~ant, & Defendant in
02/01/0:3 Document Filed
Notice MEMO
OF CROSS-APPEAL.
PAGE: 210 01/07/10 14:59:05

CAS E HIS TOR Y REPORT'

ci vil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE~NIK
CAS E H J: S TOR Y
Date Activity
On Behalf of SAMAAN, NIVIE Pla.intliff
02/01/0:3 Journal Entry

$100.00
Other Pmnt
On Behalf of SAMAAN, NIVIE Plaint.iff

Opposition MEMO
Defendant & Cross-complainant's

Zernik opposition to Countrywide's
motion for an order to set
sanctions exceeding $16,000.

02/07/08 Event
Motion
MEMO
Terry B. Friedman
8:45 am
NON-PARTY'S (COUNTRYWIDE HOME LOANS, INCORPORAT~D)
MOTION TO ENFORCE THE ~JLY 23, 2007 PROTECTIV~ ORDER
AGAINST DEFENDANT JOSEPH ZERNIK, FOR SANCTIONS;, FOR A
DECLARATION THAT COUNTRYWIDE HOME LOANS, INCORPQRATED
HAS NO OBLIGATION TO RESPOND FURTHER TO DEFENDAN1T
I
ZERNIK REGARDING THISE ACTION, AND FOR AN ORDEW TO
SHOW CAUSE RE WHY DEFENDANT JOSEPH ZERNIK SHOqLD; NOT
BE HELD IN CONTEMPT AND SANCTIONED ACCORDINGLY;

application) .
PAGE: 211 01/07/10 14:59:05

CAS E HIS TOR Y REP 0 R ~
Civil Division
II : I II
Ii Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH _ZEfN~K II
CAS E H J: S TOR Y
Date Activi.ty
~'I
I
02/07/08 Document Filed I
Reply To Motion I MEMO
REPLY IN SUPPORT OF ITS MOTION TO

ENFORCE THE JULY 23, 2007
PROTECTIVE ORDER AGAINST DEFENDANT
JOSEPH ZERNIK AND FOR OTHER RELIEF

02/07/0:a Documen t F_il ed

Defendant & cross-complainant
Zernik's exhibits addendum to
opposition to real party in

interest Countrywide's motion for
an order to set sanctions
exceeding $16,000.
I
Document Filed
02/11/0:B
On Behalf of ZERNIK, JOSEPH Defen~ant

Filed By Zernik, ~Joseph Def~n~ant, & Defendant in

Notice MEMO
Defendant & cross complainant

notice of intent to file a motion
to set aside and vacate rulings,
PAGE: 21:2 01/07/10 14:59:05

Civil Division
II
It
CAS E H J: S TOR Y
Date Activity
orders and any other judicial

action by Judge Connor on July 6,
2007 & July 23, 2007, relative ...
On Behalf of ZERNIK, JOSEPH Defend.ant

Filed By Zernik, Joseph Defend:ant, & Defendant in

Lien Claimant
FOR ORD. DIRECTING RECEIVER TO PAY

JUDGMENT FROM MONIES BELONGING
TO DEFT. AND JUDGMENT DEBTOR
Filed By Olsen, Christopher J. Lien: Claimant

Receiver
Receiver's Third Interim Report
for the month of January, 2008.
Filed By PASTERNAK, PASTERNAK & PATTON Rec:eiVier
02/15/08 Event
Motion MEMO
Terry B. Friedman I
8:45 am
CROSS-COMPLAINANT'S (COUNTRYWIDE HOME LOANS, INC.)
MOTION TO ENFORCE THE JULY 23, 2007 PROTECTIVE ORDER
AGAINST DEFENDANT JOSEPH ZERNIK, FOR SANCTIONS, FOR
A DECLARATION THAT COUNTRYWIDE HAS NO OBLIGA.TIONj TO
RESPOND FURTHER TO DEFENDANT ZERNIK REGARDING T~IS
ACTION, AND FOR AN ORDER TO SHOW CAUSE RE WHY
DEFENDANT JOSEPH ZERNIK SHOULD NOT BE HELD IN
CONTEMPT;
FURTHER STATUS CONFERENCE RE STATUS OF RECEIVER~HIP;
PAGE: 213 01/07/10 14:59:05


civil Div.ision
Ii ' I I
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERN;rK I
I' ! i "
CAS E HIS TOR Y
Date Activity
The Court issues its tentative as follows:
NON-PARTY COUNTRYWIDE MOTION TO ENFORCE PROTECTIVE

ORDER: GRANT (UNLESS STAYED)
On October 5, 2007, Defendant Joseph Zernik fi~ed a

Notice of Appeal in this action. If Zernik has I
appealed the issuance of the protective order ptl
issue, any further ruling regarding that protecttLve
order is stayed.
916]. The Court does not know the basis of the
appeal to determine whether it relates to the
protective order now at issue. In the event that; the
appeal does not relate to the protective order, the
following tentative ruling will apply.
The first issue is whether the protective order is

valid. The protective order was issued by Los
Angeles Superior Court Judge J·acqueline Connor.
Generally, one superior court judge has no autihotrity
to nullify a duly made ruling of another superiok
court judge.
427-428]. There is an exception to this rule W;hep
the original judge is "unavailable" as when that!
judge has been disqualified.
Court (2005) 126 CA4th 417, 426]. Here, Judge Cornor
recused herself from this case pursuant to Code bf
Civil Procedures Section 170.3(c) (2)]. Hence, Judge
Connor is unavailable and this Court may revie~w the
validity of the protective order.
Non-party Countrywide bases its Motion on two

grounds. First, Countrywide argues that the
protective order was issued pursuant to Code of
Civil Procedures Section 2031.060 and should be
enforced by sanctions against Zernik for misuse of
the discovery process.
Sections 2023.010 and 2023.030]. As it noted ip its
prior tentative ruling on this Motion, the Court:
finds that the protective order was not issued ip
PAGE: 214 01/07/10 14:59:05

CAS E HIS TOR Y REPOR~r

civil Div.ision
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERN~K
CAS E HIS TOR Y
Date Activity
regard to an existing discovery dispute beca.use, at

the time it was issued, Countrywide had complied
with Defendant Zernik's subpoenas. Rather, the I
protective order addressed Zernik's conduct that
arose after Countrywide complied. This raises the
question whether Zernik I s conduct related to ·che I
discovery process. Perhaps a broad reading of C;:o~e
of Civil Procedures Section 2031.060 would justify
issuance of discovery sanctions against Zernik based
on an interpretation that Zernik's conduct aro:pe[
directly out of the discovery process. The Cou~t
will consider this basis and the attendant sanctions
that flow from it, but prefers to base a ruli:n~ to
~nforce the protective order on firmer ground. I
Code of Civil Procedures Section 128 (a) (5) g:l:"ants
broad authority to the court in furtherance of I
justice to control proceedings before it. Ze~nik and
Countrywide were connected to a proceeding before
the court. Therefore, Code of Civil Procedures I
Section 128 (a) (5) applies and is a legitimate pasis
for the initial issuance of the protective ord~rl
I
Countrywide offers extensive evidence to suppo~t its
claim that Zernik has violated the protective order.
Accordingly, the Court will issue an order to ~h9W
cause why Zernik should not be held in contempt for
violation of the protective order and sanction\=dl
pursuant to Code of Civil Procedures Section 1218 .
.A .ttorneys and unrepresented parties who elect to

submit on this published tentative ruling, withopt
making an appearance at the hearing, may so no~ifY
the Court by communicating this to the Department's
staff before the set hearing time. See, e.g.,
California Rules of Court Rule 3.1308. I
Counsel argue.
PAGE: 21S b1/07/10 14:59:05

CAS E HIS TOR Y REPOR~~
Santa Monica - West D:istrict

civil Division
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERN~K II
CAS E H I :3 TOR Y
Date Activity
The Court adopts the tentative as modified: Sanct±ions

are imposed in the amount of $16,170.00 against I
defendant Joseph Zernik payable within twenty dlaxs.
If defendant does not pay the sanctions as ordered,
then the receiver is ordered to pay the amount;
An order to show cause re contempt is set on M~r~h

7, 2008 at 8:45a.m. in Department WEJ and is t¢> ,e
served by Tuesday, February 19, 2008. I
Status conference is held.

I
The Court reads and considers the receiver I ~l report.
. I
A status conference is set on March 7, 2008 as t~ the
cross ·-complaint.
TO ENFORCE PROTECTIVE ORDER

/FURTHER STATUS CONFERENCE

Motion MEMO
Motion Granted
TO ENFORCE PROTECTIVE ORDER

/FURTHER STATUS CONFERENCE

Contempt Hearing MEMO
Terry B. Friedman
03/07/08 at 9:30 am

C:ross-complaint.
PAGE: 216 01/07/10 14:59:05


eivi.l Division
rr II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERlUr II
l!: : 'I
CAS E HIS TOR Y
Date Activity

Court
RE NON-PARTY COUNTRYWIDE MOT. TO

ENFORCE PROTECTIVE ORDER

Notice MEMO
OF POINTS FOR:
a) CASE MANAGEMENT CONFERENCE
b) MOTION FOR SANCTIONS

Filed By Zernik, Joseph Defe4d~nt, & Defendant in

Order to Show Cause MEMO
re: contempt is signed by Judge

Friedman this date.
Filed By Cave, Bryan Attofney for Intervenor

·On Behalf of Countrywide Home Loans, Inc. Defe:ndant

Notice MEMO
Clerk:
NOTICE TO ATTORNEY IN RE NOTICE OF
APPEAL

Notice MEMO
PAGE: 217 P1j07j10 14:59:05

Civil Division

!
CAS E H I 8 TOR Y
Date Activity
to defendant Joseph Zernik to

appear on March 7, 2008 and show
cause why he should not be held
:in contempt of court and
sanctioned for violations of the
.July 23, 2007 protective o:r-der.
Filed By Cave, Bryan Atcorney for Intervenor

On Behalf of Countrywide Home Loans, Inc. DeEehdant
02/21/0S: Document Filed

Declaration MEMO
of eEd Fuchs :r-egarding service of

notice to appear on March 7, 2007
and order re: contempt on
defendant Joseph Zernik.
I
Filed By Cave, Bryan Attorn~y
I ~
for Intervenor
On Behalf of Countrywide Home Loans, Inc. DeEend~nt

Notice MEMO
Clerk
N'I'C TO REPORTERS TO PREPARE TRANS
ON APPEAL
03/03/0e Document Filed

FOR CONI'. OF HRNG ON OSC RE CON
TEMPT
Filed By ZERNIK, JOSEPH DeEe:p.d~nt
PAGE: 218 f1/07/10 14:59:05

CAS E HIS TOR Y REPOR'l'

civil Divi.sion
rr:===== , I
U===== :==============:
CAS E HIS TOR Y
Date Activity
---------_._-----
03/03/08 Event I i
Ex-Parte Application j I
Terry B. Friedman '
8: 30 am
DEFENDANT/DEFENDANT IN PRO PER'S (JOSEPH ZERNIK)
EX PARTE: APPLICATION FOR CONTINUANCE OF HEARING dN
COUNTRYWIDE 'S OSC RE: CONTEMPT AGAINST ZEllliIK;
(OSC~ 3/7/0B)
Defendant's ex parte motion is read, considered,

opposed, and denied.
03/03/08 ,Tournal Entry
$40.00
Other Pmnt

Motion Denied

Notice MEMO
Clerk /
NOTICE TO PARTIES RE FEE FOR

CLERK'S TRANSCRIPT ON APPEAL

Reply To Motion MEMO
Non-party Countrywide Home LOan!3,
PAGE: 219 ~1/07/10 14:59:05

CAS E HIS TOR Y Fl E P 0 R 'I'

Civil Division
rr====='
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE:RNI,K
I
[I
CAS E HIS TOR Y
Date Activity
Inc. 's reply to defendant Joseph

Ze:cnik's opposition to order to
show cause why he should not be
held in contempt; declaration of
John W. Amberg.
Filed By Cave, Bryan Atto~n~y for Intervenor

On Behalf of Countrywide Home Loans, Inc. Defe~d~nt
03/07/08 Event
Contempt Hearing
MEMO
Terry B. Friedman
9:30 am
CONTEMPT HEARING AS TO DEFENDANT JOSEPH ZERNIK:,
FURTHER STATUS CONFERENCE RE CROSS-COMPLAINT;
There is no appearance by defendant Joseph Ze:cnih:..

Defendant caLls the Court and speaks to the clerk. and
informs her that he will not be making an appear~nce.
Counsel for cross-defendants, Robert Shulkin, ~ppears

via Court Call.
The Court finds that defendant Joseph Zernik :"1Cjid

knowledge of this hearing and that the matter mar
proceed.
Counsel for Countrywide makes an opening statement .
•Jenna Moldawsky and Todd Boock are sworn and testify

for the non-party Countrywide.
Non-party Countrywide's exhibits 1 (Tentative ruling

I •
dated 7/23/07). 2 (transcript from 1/23/07), 3(~i~ute
order dated 7/23/07). 4(10/16/07 e-mail from d~f~n
dant Zernik). 5(10/16/07 e-mai1ed letter from ~etnik).
6(11/1/07 e-mail from defendant Zernik). 7(11/J/97
PAGE: 220 01/07/10 14:59:05


civil Division
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II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE~mIi I
[L
CAS E HIS TOR Y
Date Activity
e-mail from John Amberg), 8(11/1/07 e-mail from

defendant Zernik), 9(11/2/07 letter from John AlTlbllrg),
10(11/3/07 e-mail from defendant Zernik), 11(11(14/07
e-mail and letter from defendant Zernik), 12(12!2V07
e-mail from defendant Zernik), 13(1/9/08 e-mail ftomI
defendant Zernik), 14,15(each a 1/10/08 e-mail frpm
defendant Zernik), 16(1/12/08 e-mail from defenda~t
Zernik), 17( 1/14/08 letter from John Amberg), 18i
(1/15/08 Notice of Ruling), 19 ( 1/15/08 eo-mail fr,bm
defendant Zernik), 20(1/16/08 e-mail letter from
defendant Zernik), and 21(1/25/08 e-mail from d.;efen
dant Zernik) are marked for identification and later
a.dmitted into evidence.
Non-party rests.
Counsel argues.
The Court enters judgment in favor of the non--pa:r:ty

Countrywide and against defenda.nt Joseph Zerni~ ~n
the amount of $7,500.00. The collection of the ~ine
is suspended. If there is a further violaticnl of the
protective order, then Countrywide, upon giving ~ive
days notice, may request that the Court order tl-h~
receiver to release funds.
Further Court findings are as reflected in the nQtes

of the officia.l court reporter and incorporateQ. into
this minute order herein. I
All exhibits are returned to counsel for non-party

Countywide in open court.
Counsel for non-party is to submit a proposed ju~gment

and give notice of this hearing.
Status conference is held and continued to Sep~elTlber

10, 2008 at 8:45a.m. in Department WEJ as an a~p~al
is pending. I !
Plaintiff's counsel is to give notice of the status
PAGE: 221 01/07/10 14:59:05

CAS E HIS TOR Y REPOR'l?
Civil Division
lo-
II Case Number: SC087400 NIVIE SAMAAN V8. JOSEPH ZERNIK
1.1:::=
CAS E H J: S TOR Y
Date Activity
conference only.
Cross-complaint.

Contempt Hearing MEMO
Order Issued
Cross-complaint.

Terry B. Friedman
09/10/08 at 8:46 am
03/07/08
Document Filed
Notice of Ruling
Filed By Cave, Bryan Atto:r;nE)Y for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defenda,nt
Filed By Shatz, Sanford Fonner Attorney for Defen
03/07/08
Document Filed
I
Filed By Zernik, Joseph DefeAd.nt, & Defendant in

.Judgment MEMO
RE: CONTEMPT
,
Filed By Cave, Bryan Attokn~y for Intervenor
I
PAGE: 222 fl/07/10 14,59,05

CAS E HIS TOR Y REPOR'I'
Civil Div.ision
--------!
rr= ~
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZEmpK
lb
CAS E HIS TOR Y
Date Activity
On Behalf of Countrywide Borne Loans, Inc. DefenCiiaJjJ.t

Notice MEMO
OF ELECTION TO PROCEED UNDER

CALIFORNIA RULE OF COURT 8.124
(APPENDIX IN LIEU OF CLERK'S
TRANSCRIPT)

Notice MEMO
for the Honorable Judge Friedman

to cease and desist; alternatively
filing for immediate disqualif.
per CCP section 170.3.
On Behalf of ZERNIK, JOSEPH Defeqd~nt

Filed By zernik, Joseph Deferld~nt, & Defendant in
. I
Order MEMO
H.E CONTEMPT HEARING IS SIGNED BY

,fUDGE FRIEDMAN THIS DATE.

Attofn,y for Intervenor
Defe*d+nt

:Receiver
RECEIVER'S FOURTH INTERIM REPORT

FOR THE MONTH OF FEBRUARY, 2008
PAGE: 223 D1/07/10 14:59:05

CAS E HIS TOR Y REP 0 R 'I'

civil Div.ision
rr= -----r-j
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH zEml'hl}
IL - ,==~
" I
CAS E HIS TOR Y
Date Activity
03/19/08 Event
Terry B. Friedman
9:00 am
CASE REVIEW (NON-APPEARANCE) i
Upon review of the court file, the Court finds that

Notice for the Honorable Judge Friedman to Cease knd
Desist; Alternatively - Filing for Immediate Disqrali
fication Per CCP Section 170.3 was filed on Marchi 12,
2008 by defendant Joseph Zernik.
The Court issu.es an Order Striking Statement of!

Disqualification signed and filed this date.
conformed copy of the Order Striking Statemel1t of

J!.,
Disqualification is sent to defendant Zernik v~a
U.S. Mail.
Defendant is to give notice.

NOTICE OF ENTRY OF' ORDER
I, the below named Executive Officer/Clerk of ~h~

a party to the cause herein, and that this date !
served Notice of Entry of the above minute ord$r1of
3/19/08 upon each party or counsel named lbe:J-ow by
depositing in the United States mail at the co~rthouse
in Santa Monica , California, one copy of the I
original entered herein in a separate sealed e:(1.v~lope
for each, addressed as shown below with the po~t~ge
Date: March 19, 2008
PAGE: 224 01/07/10 14:59:05

CAS E HIS TOR Y REPOR,]~
Civil Division
rr=
lb
CAS E HIS TOR Y
Date Activity
By:
J. Citron
Joseph Zernik
Los Feliz, California 90027
03/19/08 E'vent Complete

Order Issued
03/19/08 Docwnent Filed

Order MEMO
Court
STRIKING STATEMENT OF DISQUALIFI
CATION IS SIGNED BY JUDGE FRIEDMAN
THIS DATE.
03/21/08 Docwnent Fi.led

l\banodnment of Appeal (from S.C.)
l\ttorney for Plaintiff
Filed By Sheppard, Mullin, Richter & Hampton Atto~n~y for Plaintiff
03/25/08 Bvent
Motion MEMO
Terry B. Friedman
8:45 am
TO ENFORCE THE PROTECTIVE ORDER OF
7/23/07 AND FOR SANCTIONS
/FURTHER STATUS CONF. RE RECEIVER
SHIP
03/26/0B Document Filed
Notice
PAGE: 22~j 1/07/10 14:59:05


c.ivil Div.ision
IF ~
II Case Number; SC087400 NIVIE SAMAAN VS. JOSEPH ZERNII}
lh I
i
'I
CAS :e: HIS'l'ORY'
Date Activity
Clerk

REQUEST FOR RE-DESIGNATION OF

RECORDS OF CONSOLIDATED APPEAL
IN CASE (SC087400)

NOTICE OF RULING RE DEFENDANT'S

FEDERAL COURT APPLICATION FOR
TEMPORARY RESTRAINING ORDER

Filed By PASTERNAK, PASTERNAK & PATTON Receiveir

R.eceiver
RECEIVER'S FIFTH INTERIM REPORT

FOR THE MONTH OF MARCH, 2008
DEPT J
Filed By PASTERNAK, PASTERNAK & PATTON Rece~v~r
05/09/08 Document F:lled

RESPONDENT I S l'\MENDED
COUNTERDESIGN1\TION OF RECORD
ON APPEAL.
PAGE: 226 01/07/10 14:59:05

I

civil Divisi.on
Ir . I II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIE: "
lb ! 'I
CAS E HIS TOR Y
Date Activity

Receiver
RECEIVER'S SIXTH INTERIM REPORT

FOR THE MONTH OF APRIL 2008

I
Defendant
For An Order For The Immediate

Release of All Zernik's Funds Held
By Los Angeles Superior Court
Filed By ZERNIK, J'OSEPH Defendant
05/19/08 Event:
Ex··Pa.rte Application
Norman P. Tarle
8: 30 am
DEFENDANT'S (JOSEPH ZERNIK) EX PARTE APPLICATION FOR
THE: IMMEDIATE RELEASE OF ALL ZERNIK'S FUNDS EELD BY
THE LOS ANGELES SUPERIOR COURT;
Defendant's Ex Parte Application is read and

considered.
Jill Ex Parte Application For the Immediate Release of

All Zernik's Funds Held by Los Angeles Superior ~ourt
was previously ruled on by the honorable Judge Terry
B. Friedman, and denied with prejudice.
Based upon Judge Friedman's January 30, 2008 r\lling,

and this court's review of the moving papers, th l
motion remains denied with prejudice.
PAGE: 227 1/07/10 14:59:05

Civil Division
rr Ii
II Case Number: SC087400 NIVIE SArV'.AAN VS. JOSEPH ZERNI~
lb 'I
CAS :E: HIS~~ORY
Date Activity
---,---J--------
The clerk is to send notice.

I, the below named Executive Officer/Clerk of tpe

above-entitled court, do hereby certify that I amjnot
a party to the cause herein, and that this date I'
served Notice of Entry of the above minute order pf
5-19-08 upon each party or counsel named below py'
Date: 5-19-08
By:
L. IJane
MOE KESHAVARZI
333 S. Hope Street, 48th Floor
JOSEPH ZERNIK
Los Feliz, CA 90027

Denied
PAGE: 228 01/07/10 14:59:05

CAS E HIS TOR Y' REPOR'I~
8anta Monica - West: District

C.i vil Di v.i sian
Ir II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH z:m~NIJ IIII
I!=o
CAS E HIS TOR Y
Date Activity

MEMO
$40.00
Other Pmnt
DEFENDANT'S FOR ORDER FOR THE
IMMEDIATE RELEASE OF ALL ZERNIK'S
FUNDS HELD BY LOS ANGELES SUPERIOR

COURT
Document Filed
OS/20/08
Notice of Ruling
On Behalf of SAMAAN, NIVIE Plainti,ff

Filed By Sheppard, Mullin, Richter & Hampton Attor,nejy for Plaintiff

Declaration MEMO
for mistrial
Filed By ZERNIK, JOSEPH Deferidc1nt
06/02/08 Event
Terry B. Friedman
9:00 am
CASE REVIEW (NON-APPEARANCE);
Defendant in pro per does not appear but files a

Declaration For Mistrial that was originally ebtitled
Ex Parte Application for Mistrial. I
Defense counsel appears as she was given notic~ bf
an ex parte hearing.
PAGE: 229 1~1/07 /10 14:59:05


civil Division
Ir
1.10=
"
CAS E HIS~rORY
Date Activity
The Court strikes the declaration as having any l~gal

effect.
Further notice is not necessary_

Order Issued

Opposition MEMO
to eft's ex parte app_
On Behalf of SAMAAN, NIVIE Plaint~ff

Filed By Sheppard, Mullin, Richter & Hampton Attornqy for Plaintiff

Receiver
RECEIVERS SEVENTH INTERIM REPORT
FOR THE MONTH OF MAY, 2008
Filed By PASTERNAK, PASTERNAK & PATTON Rece~vEfr

Notice-Pendinq Action MEMO
NOTICE OF PENDING ACTION
(LIS PENDENS)
Filed By Bronner, Deborah R. & Associates Form~rlAttorney for Plain

On Behalf of Zernik, Joseph Defepd$nt, & Defendant in

PAGE: 230 1/07/10 14:59:05

CAS E HISTORY' REPOR'l'
Civil Division
F'=====:
II Case Number: SCO 87400 NIVIE SAMAAN VS. JOSEPH ZERNI~
lk - _ 'I
CAS E HIS T 0 :R Y
Date Act:ivity
------------
On Behalf of ZERNIK, ,JOSEPH Defenda:nt

Demand for Jury Trial MEMO
Notice of intent to move for a new

trial and demand for a jury trial.

Filed By Zernik, Joseph Defendapt, & Defendant in

Not:ice MEMO
of intent to move for a new trial

and demand for a jury trial

Document Filed
06/12/08
Proof of Service
l~ttorney for Defendant
On Behalf of ZERNIK, JOSEPH Defendint
Filed By Bronner, Deborah R. & Associates Fonn~r At torney for Plain
Document: Filed
06/12/08

Notice
MEMO
:Receiver
of application and receiver's

application for issuance of order
PAGE: 231 1/07/10 14:59:05

Civil Di.vision
rr= I
I
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIII:

lb -
CAS E HIS TOR Y
Date Activity
re payment of consequential
damages, etc.; declaration David
J. Pasternak; memorandum of points
and authorities
Filed By PASTERNAK, PASTERNAK & PATTON Receiveit:'
06/24/08 IIournal Entry
$40.00
Other Pmnt
Filed By PASTERNAK, PASTERNAK & PATTON Receive:r

Motion MEMO
Terry B. Friedman
07/29/08 at 8:46 am
Receiver's - for order re payment

of consequential damages

On Behalf of ZERNIK, JOSEPH DeferlJ.d~nt
Filed By Zernik, Joseph Defetid.nt, & Defendant in

Declaration MEMO
of defendant and cross-complainant

Zernik: racketeering in and by the
Los Angeles Superior Court in
Samaan v Zernik (SC087400)

Filed By Zernik, Joseph Defehd~nt, & Defendant in
PAGE: 232 ~1/07/10 14:59:05
I

civil Division
rr=
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIt
l!::
CAS E HIS'rORY
Date Activity
Document Fil.ed
07/15/08

Filed By Zernik, Joseph Defenda~t, & Defendant in


Filed By Zernik, Joseph Defendapt, & Defendant in

Notice MEMO
of two letters to FBI ....


Notice MEMO
of two letters in re: racketeering
On Behalf of ZERNIK, JOSEPH DefendAnt

Filed By Zernik, Joseph Defendfnt, & Defendant in

Receiver
RECEIVER'S EIGHTH INTERIM
REPORT FOR THE: MONTHS OD JUNE
PAGE: 233 01/07/10 14:59:05

CAS E HIS TOR Y REPOR~?
Santa Monica -- West: District
Civil Division
rr====== 11
" Case Number: SC087400 NIVIE SAf'iIAAN VS. JOSEPH ZERNIt II
Jj
I.h ===============:
CAS E HIS TOR Y
Date Activity

to move -the receiver I s mot. for

instruction from 9/18/08, to the
earliest possible date

07/17/08 Event
Tel~ry B. Friedman
9:00 am
PLAINTIFF'S (NIVIE SAMAAN) EX PARTE APPLICATION Tp
MOVE THE RECEIVER'S MOTION FOR INSTRUCTION FROM
SEPTEMBER 18, 2008, TO THE EARLIEST POSSIBLE Dl\TE;;
(SC: 9/10/08)
Plaintiff's ex parte motion is read, considered,

unopposed and granted .
.z~ccordingly,the Receiver's Motion set on September

18, 2008 is advanced to this da.te and continueo. to
~Tuly 29, 2008 at 8:45a.m. in Department WEJ.
opposition is to be filed by July 28, 20013 and may

lilly
be e-mailed to the plaintiff.
Moving party is to give notice and submit a prop~sed

- . I
order.

IV/otion Granted
PAGE: 234 1/07/10 14:59:05

Civil Division
ff = II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE:RNI~ II
lb 'I
CAS E HIS TOR Y
Date Activity

Motion MEMO


Order MEMO
GRANTING PLFF'S EX PARTE APP. IS

SIGNED BY JUDGE FRIEDMAN THIS DATE
On Behalf of SAMAAN, NIVIE Plaint~ff

Filed By Sheppard, Mullin, Richter & Hampton AttornSy for Plaintiff
Document Filed
07/18/08
Notice of Ruling
On Behalf of SAMAAN, NIVIE Plairtdff

07/29/08 Bvent
Motion MEMO
Terry B. Friedman
8:45 am
l~ECEIVER' S (DAVID J. PASTERNAK) MOTION FOR ORDER RE
PAYMENT OF CONSEQUENTIAL DAMAGES, ETC.;
The Court gives its tentative as follows:
RECEIVER MOTION FOR O~ER RE PAYMENT OF
CONSEQUENTIAL DAMAGES: GRANT
No party filed a response to this Motion for w~ith

the Receiver served proper notice. Plaintiff ser~ed
on Defendant Notice of the advancement of the
PAGE: 23."i 01/07/10 14:59:05

CAS E HIS TOR Y REP 0 R ')['

civil Division
II -
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNII
lb
CAS E HIS TOR Y
Date Activity
hearing date on this Motion by email and overnigh

delivery on July 17, 2008. '
The Motion is proper. Plaintiff is entitled to

consequential damages incurred to vindicate hfer
right to purchase based on the specific perform'fln~e
order in this action.
937, 946]. These damages are lost rental income a d
t
the interest differential for the period Novemb\=r 1,
2004 to November 14, 2007. This amounts to I
$361,309.94. Defendant is entitled to an offset f~r
his loss of use of the funds. I
calculates the offset to be $215,592.54. Theref~r~,
the Court grants the Motion ordering the Receiverlto
pay Plaintiff consequential damages in the amouht of
$145,717.40.
Attorneys who elect to submit on this published

tentative ruling, without making an appearance at
the hearing, may so notify the Court by
communicating this to the Department's staff beFore
the set hearing time. See, e.g., CRC Rule 3.130~.
There is no appearance by defendant.
Counsel submit on the Court's tentative.
Receiver is to give notice.
RECEIVER'S - MOT. FOR ORDER

Motion MEMO
Motion Granted
PAGE: 236 01/07/10 14:59:05

Banta Monica - West District
Civil Division
11=====
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIE:
lb 'I
CAS E HIS TOR Y
Date Activity
RECEIVER'S - MOT. FOR ORDER

Court
RE RECEIVERS MOT. FOR ORDER RE

PAYMENT OF DMtll..GES

Order MEMO
Receiver
RE PAYMENT OF PARTIES' CONSEQUEN

TIAL DAMAGES, ETC. IS SIGNED BY
, I
Filed By PASTERNAK, PASTERNAK. & PATTON Recelver:

Notice MEMO
to Judge Terry Friedman, to

"receiver" Pasternak, and parti.es
in Samaan v. Zernik (SC087400) to
cease and desist racketeering
On Behalf of ZERNIK., JOSEPH Defenp.a~t

Filed By Zernik, Joseph Defendar_t, & Defendant in
J ,
Receiver
NOTICE OF RULING RE RECEIVER'S

APPJ:"ICATION FOR ISSUANCE OF ORDER
RE PAYMENT OF CONSEQUENTIAL DAMAGE
PAGE:, 237 011/ 0 7 / 10 14 : 5 9 : 05

Civil Divisj.on
r I
II Case Number: SCO 87400 NIVIE SAMAAN VS. JOSEPH ZEl~I*-

l'= .. I I II
I
CAS E HIS TOR Y
Date Activity

Receiver
RECEIVER'S NINTH INTERIM REPORT

FOR THE MONTH OF JULY, 2008
DEPT J
09/10/08 Event
Terry B. Friedman
8:46 am
:Robert Shulkin, counsel for cross-defendants, app~ars

via Court Call. '
There is no appearance by cross·-complainant.
Sta.tus conference is held a.nd continued to Nove111b~r

10, 2008 at 8:45a.m. in Department WEJ re statu~ ~f
appeal of eros s·· complaint.
Counsel for craBs-defendants is to give notice.

Status conference is held & cant.
09/12/08 Document Fi1.ed

Attorney for Cross-Defendaht
I
PAGE: 238 0~/07/10 14:59:05
Civil Division
rr=
II Case Number: SC087400 NIVIE Sl\MAAN VS. JOSEPH Z~~llliIIt
lb
CAS E HIS TOR Y
Date Activity
AT STATUS CONFERENCE
On Behalf of Coldwell Banker Residential Brokerage Defen~a.t

On Behalf of Libow, Michael Defen~a~t

Receiver
RECEIVER'S TENTH INTERIM REPORT
FOR THE MONTH OF AUGUST 2008
09/18/08 Event
Motion MEMO
Terry B. Friedman
8:46 am

Notice of Lien
Attorney for Lien Claimant
Filed By Olsen, Christopher J. Lien Clrimant

Receiver
RECEIVER'S ELEVENTH INTERIM

REPORT FOR THE MONTH OF SEPTEMBER
2008
Filed By PAST~RNAK, PASTERNAK & PATTON Recei ve'r
PAGE': 239 011/07/10 14: 59: 05

Civil Division
:
rr= II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIIt II
LL II
CAS E HIS T 0 :R Y
Date Activity

Terry B. Friedma.n
11/21/08 at 8:45 am
re appeal on Cross-complaint
2.) Plaintiff's motion for
appointment

Court
of Further Status Conference of

11-10-08 to 11-21-08
Notice mailed to attorney for
plaintiff

Court

11-10-08 to 11-21-08
Notice mailed to attorney for
defendant
10/31/08 Document FiJed

Court

11-10-08 to 11-21-08
Notice mailed to defendant in pro
per
PAGE: 240 orr/07/10 14:59:05

CAS E HIS TOR Y REP 0 R 'X'
San ta Moni ca- WeB t: District
Ci vil Di vi si on
fF'====
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH Zlm$"If II
lh==== i 1
CAS E HIS T 0 :R Y
Date Activity
10/31/08 Event
Terry B. Friedman
1:10 pm
Case review is completed.
Court orders the FURTHER STATUS CONFERENCE, curreJ11tly

set for November 10, 2008, advanced to this dat~ .knd
continued to November 21, 2008 at 8:45 a.m. in
Department WE-J.
Notice Re: Continuance of Hearing is mailed to ~ll

interested parties this date.
Further notice is not required.

Completed

RE APPEAl.. ON CROSS-COMPLAINT
11/10/08 Event
Terry B. Friedman
8:45 am
FURTHER STATUS CONFERENCE RE STATUS OF APPEAL ON
CROSS-COMPLAINT;
RE APPEAL ON CROSS-COMPLAINT
PAGE: 241 OQ/07/10 14:59:05

CAS E HIS TOR Y REPOR~{,
Civil Division
0-=====: i 11
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK III
l!:=====:
; I J
CAS E HIS TOR Y
Date Activity
$40.00
Other Pmnt I
Paid By Sheppard, Mullin, Richter & Hampton Attor~et for Plaintiff
11/12/08 Document Filed I
TO SET THE HRNG. DATE FOR HER MOT.
FOR RECOVERY OF POST JUDGMENT ATTY
FEES ON THE EARLIEST POSSIBLE DATE

I
I
Filed By Sheppard, Mullin, Richter & Hampton Attornet for Plaintiff
11/12/08 Event
Terry B. Friedman
8:30 am
PLAINTIFF'S (NIVIE SAMAAN) EX PARTE APPLICATION TO SET
!
THE HEARING DATE FOR HER MOTION FOR RECOVERY OF PpST-
JUDGMENT ATTORNEY'S FEES ON THE EARLIEST POSSIB]:.,E DATE
(FURTHER SC: 11/21/08)
Plaintiff J S ex parte motion is read, consi.dered" and

granted.
Motion, if filed and personally served by Nove~er

13, 2008, is set on November 21, 2008 at 8:45a.m.
in Department WEJ. Opposition is due by November' 20,
2008 and is to be personally served. Plaintiff's
counsel waives a reply.
PAGE: 242 0~/07/10 14:59:05

CAS E HIS TOR 'Y REPOR'r
Civil Division
- - :===========
Case Number: 8C087400 NIVIE SAMAAN VS. JOSEPH ZERNIK
CAS E HIS TOR 'Y
Date Activity
I
Plaintiff's counsel is to submit a proposed or~e* and
give notice. I

Hotion Granted
11/14/08 Docwnent Filed

Plaintiff Nivie Samaan's ... and

motion for appointment of recovery
of post-judgment contractual
attorney's fees and costs
On Behalf of SJ!..MAAN, NIVIE PlaiQt~ff

Filed By Sheppard, Mullin, Richter & Hampton Attorndy for Plaintiff
$40.00
Other Pmnt
On Behalf of SJl.MAAN , NIVIE Plaint~ff
I
Filed By Sheppard, Mullin, Richter & Hampton AttoDn~y for Plaintiff

Notice of Ruling
Filed By Sheppard, Mullin, Richter & Hampton Attorne;y for Plaintiff
11/17/08 DOCument Filed

Remittitur filed MEMO
C'ou:rt
COURT OF APPEAL
RESPONDENT(S) TO RECOVER COSTS
APPEAL IS DISMISSED
PAGE: 243 0~/07/10 14:59:05

Civil Division
ff I II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI~ II
IL - 'I
CAS E HIS TOR Y
Dat,e Activity
11/21/08 Event
Terry B. Friedman
8:45 am
FURTHER STATUS CONFERENCE RE APPEAL ON CROSS-COMPLAINT
I
PLAINTIFF'S (NIVIE SAMAAN) MOTION FOR APPOINTME~Ti OF
RECOVERY OF POST-JUDGMENT ATTORNEY'S FEES AND CbSFSi
Receiver, David Pasternak, and counsel for cross

defendant, Robert Shulkin, appear via Court Call
earlier.
The Court gives its oral tentative which is to

grant plaintiff's Motion for Appointment of Recov~ry
of Post-Judgment Attorney's Fees and Costs which ~s
to be paid through the Receiver.
Further court findings are as reflected in the ro~es

of the official court reporter and incorporated ihto
this minute order herein.
A further status conference re need for receivership

is set on February 24, 2009 at 8:45a.m. in Depa~t~ent
WEJ. Receiver is requested to submit a report far
next date.
"L set1ng
A tr1a. t' can f
erence I
'1S set re Zern1. k cross~
corr~laint on February 24, 2009 at 8:45a.m. in
Department WEJ.
Plaintiff's counsel is to submit a proposed order' and

give notice.
appointment
PAGE: 244 0~/07/10 14:59:05

, I
CAS E HIS TOR yo REP 0 R orl

civil Division
II
II
CAS E HIS TOR yo
Date Activity

Terry B. Friedman
02/24/09 at 8:46 am
re need for receivership
2.) Trial Setting Conference

Status conference is held & cont.
appointment

Miscellaneous-Other • MEMO
Receiver
RECEIVER'S TWELFTH INTERIM REPORT
FOR THE MONTH OF OCTOBER, 2008
Filed By PA.STERNAK, PASTERNAK & PATTON Receiver
$40.00
Other Pmnt
Filed By Cave, Bryan Attornepr for Intervenor
On Behalf of Countrywide Home Loans, Inc. DefendaiUt

FOR AN OST TO HEAR MOT. FOR MONE
PAGE: 245 0~/07/10 14:59:05


civil Division
Ii - II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZEIRNIK
,, ! II
l' II
!
CAS E HIS TOR Y
Date Activity
TARY SANCTIONS AGAINST DEFT.
ZERNIK FOR VIOLATIONS OF 7/23/07
PROTECTIVE ORDER AND FOR OTHER
RELIEF
Filed By Cave, Bryan Attorn~y for Intervenor

On Behalf of Countrywide Home Loans, Inc. Defertdant

Declaration MEMO
]~ttorney for Defendant
OF TODD BLLCK IN SUPPORT OF
COU1~RYWIDE HOME LOANS, INC'S
EX PARTE APP. FOR OST
Filed By Ca.ve, Bryan Attorn~y for Intervenor

On Behalf of Countrywide Home Loans, Inc. Defeqd1nt

Declaration MEMO
EX PARTE APP. FOR OST

On Behalf of Countrywide Home Loans, Inc. Defendabt
12/15/08 Event I I
Terry B. Friedman
8:30 am
NON-PARTY'S (COUNTRYWIDE HOME LOANS, INC.) EX PARTE
APPLICATION FOR AN ORDER SHORTENING TIME TO HEA,R
MOTION FOR MONETARY SANCTIONS AGAINST DEFENDAl\"T
JOSEPH ZERNIK FOR VIOLATIONS OF THE JULY 23, 2007'
PROTECTIVE ORDER AND FOR OTHER RELIEF ON THE EARLilEST
POSSIBLE HEARING DATE;
(FSC/TSC: 2/24/09)
PAGE: 246 0~/07/10 14:59:05

CAS E HIS TOR Y REPOR:~

ci vi] Division
fr I
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE,RNIIK Ii
II
CAS E HIS T Cl R Y
Date Activity
The:re is no appearance by defendant.

l
Non-party's ex parte motion is read, considere9-,1 and
9ranted.
Accordingly, Countrywide's Motion will be hear\i lOn

January 13, 2009 at 8:45a.m. in Department WEJ~
1.2/1.5/08 Event Complete

!'lotion Granted

Order MEMO
ll,ttorney for Defendant
GRANTING EX PARTE APP. FOR AN OST
TO HEAR MOT. FOR MONETARY SANC.
AGAINST DEFT. JOSEPH ZERNIK FOR

VIOLATION OF 7/23/07 IS SIGNED BY
Filed By Ca.ve, Bryan Atto~n~y for Intervenor

On Behalf of Countrywide Home Loans, Inc. Deferld~nt
12/15/08 Documen t Fi-I ed
Order
MEMO
GRllliTING PLFF NIVIE SAMAAN IS

MOT. FOR POST JUDGMENT ATTY'S FEES
IS SIGNED BY JUDGE FRIEDMAN THIS
DATE
PA.GE: 247 0~/07/10 14:59:05


Civil Division
II j
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERN~K
II
•L.J
CAS E HIS TOR Y
Date Activity
On Behalf of SAMAAN, NIVIE Plaibtkff

Filed By Sheppard, Mullin, Richter & Hampton Attokn~y for Plaintiff

Attorney for Real Pty in Interest
granting Countrywide Home Loans,
Inc. I s ex parte application for an
earlier hearing date on Country
wide's motion for sanctions and
other relief
Filed By Cave, Bryan Attofnty for Intervenor

12/18/08 Docwnen t Fi 1 ed
Moving Party
Inc. 's ... and motion (1) for
monetary sanctions against defend

ant Joseph Zernik in the amount of
$5,564.50 for violations of the
July 23, 2007 protective order; ...
Filed By Cave, Bryan Attotn~y for Intervenor

On Behalf of Countrywide Home Loans, Inc. DefeJddnt
12/18/08 ,..Journal En try
$40.00
Other Pmnt
Filed By Cave, Bryan AttOl:.lney for Intervenor
On Behalf of Countrywide Home Loans, Inc. DeferldJnt

Terry B. Friedman
01/13/09 at 8:47 am
PAGE: 248 ~1/07/10 14:59:05

CAS E HIS TOR Y REP 0 :R. or
Ci vii Di vision
II I 11
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE~~K II
II -' ! 'I
CAS E HIS TOR Y
Date Activity
Non-par'.:y's - for an OSC and for
a modification of the protective
oI'der
Document Filed
12/19/08
Proof of Service
Attorney for :Real Pty in Interest

I
12/31/08
Document Filed
Notice of Change of Address
On Behalf of Coldwell Banker Residential Brokerage Defehdant
On Behalf of Libow, Michael Deferp.dant
01/06/09 DOCt~ent Filed

Notice MEMO
of non-opposition to Countrywide
Home Loans, Inc.' s motion for
sanctions and other relief
Filed By Cave, Bryan AttornElY for Intervenor

On Behalf of Countrywide Home Loans, Inc. Defend1nt
01/06/09 DocL~ent Filed

Declaration MEMO
Supplemental declaration of Jenna
r.'loldawsky in support of Country
wide Home Loans, Inc. 's motion for
sanctions and other relief
a.gainst defendant Joseph Zernik
PAGE: 249 0~/07/10 14:59:05

CAS E HIS TOR Y REP 0 R r
Civil Division
Ir
II
I'
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH
:===================
ZE~tK
CAS E HIS TOR Y
Date Activity
-;i
Filed By Cave, Bryan Attoi"nEfY for Intervenor
On Behalf of Countrywide Home Loans, Inc. Defendtnt

Declaration MEMO
l'..ttorney for Real Pty in Interest
Seccnld supplemental declaration of

~renna Moldawsky in support of
Countrywide Home Loans, Inc. 's
motion for sanctions and ot:her
relief against defendant Joseph
Zernik
Filed By Cave, Bryan AttOltney for Intervenor

On Behalf of Countrywide Home Loans, Inc. - Id ant
De f:en I
01/13/09 Event
1\1oti.on for Sanctions MEMO
Terry B. Friedman
8: 45 am
NON-PARTY'S (COUNTRYWIDE HOME J"OANS, INC.) MCCION
I I
~~~N~~ ~~~~~~~~T~~N~5~~~~~~~ ~~F~~~ g~~d~~HTO

SHOW CAUSEl~HY ~O~
DEFENDANT JOSEPH ZERNIK SHOULD I
BE
HELD IN CONTEMPT AND SANCTIONED FOR VIOLATIONS oF!
THE PROTECTIVE ORDER; AND 3) FOR A MODIFICATlO~ OF
THE PROTECTIVE ORDER TO INCLUDE OFFICERS AND I
EMPLOYEES OF ALL COUNTRYWIDE AFFILI1'..TES, INCLUliING
BANK OF AMERICA CORPORATIONS; I
I
The Court issues its tentative:
NON-PARTY COUNTRYWIDE HOME LOANS MOTION FOR

SANCTION, ORDER TO SHOW CAUSE RE CONTEMPT AND
MODIFICATION OF PROTECTIVE ORDER: GRANT
Defendant / Cross-Complainant Joseph Zernik fi.le~ no

response to this Motion for which Non-Party
Countrywide Home Loans served timely notice.
PAGE: 250 O~/07/10 14:59:05

, I
I I
I I
CAS E HIS TOR Y REP 0 R TI I
Santa Monica - West District I I
Ci vii Division I I
Case Number: ::;C087400 NIVIE SAMAAN VS. JOSEPH

lJ
ZE~NtK
CAS E HIS TOR Y
Date Activity
The first and second requests in this Motion reprise

issues previously decided by the Court. Countrywide
seeks sanctions and an order to show cause re:'
cont:empt against Zernik for further violations off a
,July 23, 2007 Protective Order. On February lS,
200B, this Court issued an Order imposing mone¢ajY
sanctions on Zernik and setting an Order to Sh¢w
Cause re Contempt against him for his violatJlo~s of
the Protective Order. On March 7, 2008, the Co~r~
found Zernik in contempt for his violations of tlj.e
Protective Order and imposed further monetary I
sanctions against him.
Once again, Countrywide presents evidence of Zernik

continuing to violate the Protective Order by I
engaging in harassment against employees and
officers of Countrywide. Countrywide bases thi~
portion of its Motion on two grounds. First,
Countrywide argues that the protective order was
issued pursuant to CCP §2031.060 and should t~
enforced by sanctions against Zernik for misuse of
the discovery process.
2023.030]. The Court finds that Zernik's conduot
arises out of his subpoena to obtain document.s fliom
Countrywide and therefore constitutes a misuse of
t.he discovery process.
Second, Countrywide relies on CCP §128(a) (5) wh,i9h

grants broad a.u·:hori ty to the court in furtheranoe
of justice to control proceedings before it. Zer9ik
and Countrywide were connected to a proceeding I
before the court. Therefore, CCP §128(a) (5) appl~es
and is a legitimate basis for the initial issuance
of the protective order.
For the same reasons as it granted Countrywide's

February 15, 2008 Motion, the Court will grant. the
first request in this Motion for monetary sanctions
in the amount of $5,564.50.
PAGE: 251 0~/07/10 14:59:05

Civil Division
Ii - I Ii
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH Z:E:RN±K
I
II'I
I' -
CAS E HIS TOR Y
Date Activity
t
Countrywide offers extensive evidence to support its
claim that Zernik has violated the protective Qr1er.
l\ccordingly, the Court will grant the second :req1fest
in t:his Motion to issue an order to show cause w~y
Zernik should not be held in contempt for violGlt:ron
of the protective order and sanctioned pursuanJ;. to
CCP §1218. I
Lastly, Countrywide asks the Court to modify tile I
Protective Order to include officers and employeEts
of Countrywide affiliate Bank of America
Corporation. Countrywide offers evidence that ~e:rrnik
has engaged in the same harassment against Ban* qf
America officers and employees as he perpetrates I
against Countrywide officers and employees. For the
same reasons as the Court issued the Protective
Order, it will grant the third portion of the Mottion
to modify the Protective Order to include offideis
and employees of Countrywide affiliate Bank of
America Corporation within the scope of the
Protective Order.
Attorneys who elect to submit on this publisl~d

tentative ruling, without making an appearance a4
the hearing, may so notify the Court by
comrnunicatin~ thi~ to the Departmen: I s staff :)i f re 9
the set hearlng tlme. See, e.g., CRL Rule 3.1Jq8~
*** * **** * ** * ** **** ** * END OF TENTATIVE*** *****." *!**I*****
Ther'e is no appearance by defendant nor

, ,I
0pposlbl~n
filed. . I
Counsel for Non-party submits on the Court's t:enta
tive.
The Court sets an order to show cause re contempti on

February 17, 2009 at 8:45a.m. in Department WE:~.
PAGE: 252 011/07/10 14: 59: 05

CAS E HIS T 0 :R Y lREPOR~[,
Civil Div.ision
[I
=:eJ
, I
II[I Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ~~~~N~K
CAS E HIS TOR Y
Date Activity
Counsel for non-party is to give notice.
NON-PARTY'S - FOR AN OSC AND FOR

A MODIFICATION OF THE PROTECTIVE
ORDE;R

Motion Granted
NON-PARTY'S - FOR AN OSC AND FOR

l~MODIFICATION OF THE PROTECTIVE:
ORDER
01/13/09 DOCLUnent Filed

Court
RE f'/[OT. FOR SANCTIONS

Terry B. Friedman
02/17/09 at 8:46 am
re contempt as to Joseph Zernik

Notice of Ruling
Filed By Cave, Bryan AttolfnEjy for Intervenor
On Behalf of Countrywide Horne Loans, Inc. Defertddnt

Order MEMO
PAGE: 253 g1/07/10 14:59:05

CAS E HIS TOR Y l~EPOR'J~
Santa Monica - West D:istrict

Civil Division
I I
Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE;N~K
CAS E HIS TOR Y
Date Activity
RE PROTECTIVE ORDER AND FOR SANC

TIONS IS SIGNED BY ,JUDGE FRIEDMAN
THIS DATE
Filed By Ca.ve, Bryan Atto~nJy for Intervenor

On Behalf of Countrywide Home Loans, Inc. DeferidC'int
01/15/09 DocL/ment Filed

Notice MEMO
TO DEFT. JOSEPH ZERNIK TO APPEAR

ON 2/17/09 AND SHOW CAUSE WHY HE
SHOULD NOT BE HELD IN CONTEMPT OF
COURT AND SANCTIONED FOR VIOLATION
OF 7/23/07 PROTECTIVE ORDER
Filed By Ca.ve, Bryan Attor:ndy for Intervenor

On Behalf of Countrywide Home Loans, Inc. Defer:ld~nt
01/16/09 DOCLl.lTlent Filed

Receiver
RECEIVER'S THIRTEENTH INTERIM

R.EPORT FOR THE JVIONTH OF
NOVEMBER, 2008
Filed By PA.STERNAK, PASTERNAK & PATTON Receiveir
01/16/09 DOCL1'.lTlen t Fi.led

Receiver
RECEIVER'S FOURTEENTH INTERIM

R.EPORT FOR THE MONTH OF
DECEMBER, 2008
PAGE: 254 ~1/07/10 14:59:05

C 1\. S E HIS TOR Y REPOR'I~
Civil Divjsion
rr:=====:
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNITK
Il ; 'I
CAS E HIS TOR Y
Date Activity
, T
Filed By PASTERNAK, PASTERNAK & PATTON Rece~velr

Declaration MEMO
of Jenna Moldawsky regarding

service on defendant Joseph Zernik
of Notice to Appear on February 17
2009 and show cause why he should
not be held in contempt and
s.anctioned
Filed By Cave, Bryan Attorne,y for Intervenor

02/13/09 CrouI'nal En.try
$40.00
Other Pmnt
Paid By Olsen, Christopher J. Lien Claimant
I
02/13/09 Even t I
, d man
Terry B. Fr1e I
I
I
8: 30 am
JUDGMENT CREDITOR/LIEN CLAIMANT IN PRO SE (CHEIST:OPHER
J. OLSEN) EX PAH.TE APPLICATION FOR ORDER DIREiCTI~G
R.ECEIVER TO PAY JUDGMENT FROM NOMIES BELONGING Tal·
DEFENDANT AND JUDGMENT DEBTOR;
(OSe RE CONTEMPT: 2/17/09 FSC: 2/24/09) I I
There are no appearances by other parties.
Judgment Creditor/Lien Claimant's ex parte mot:io~ is

read, considered, unopposed and granted. I
Order Directing Receiver to Pay Judgment is sign€ 1 d
PAGE: 255 ~1/07/10 14:59:05


civil Division
; I
rr
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI
k II
II
l!: =+==l II
CAS E HIS TOR Y
Date Activity
thi.s date.

Declaration MEMO
Lien Claimant
OF CHRISTOPHER LT. OLSEN IN SUPPORT

OF EX PARTE APP. FOR ORD.DIRECTING
RECEIVER TO PAY JUDGMENT FROM
MONIES BELONGING TO DEFT. AND
JUDGMETN DEBTOR
Filed By Olsen, Christopher J. Lien Claimant

Order MEMO
Lien Claimant
ON EX PARTE APP. FOR ORD. DIREC

TING RECEIVER TO PAY JUDGMENT FROM
MONIES BELONGING TO DEFT. AND
JUDGMENT DEBTOR IS SIGNED BY
Filed By Olsen, Christopher J. Lien Claimant

Motion Granted
02/17/09 Event
Terry B. Friedman
8:46 am
ORDER TO SHOW CAUSE RE CONTEMPT AS TO DEFENDANT
JOSEPH ZERNIKj
PAGE: 256 011/07/10 14: 59: 05

CAS E: HIS TOR Y REP 0 R T
Scmta Monica - West District
Civil Division
rF I II
IL I 'I
CAS E HIS TOR Y
Date Activity
The Court finds that notice is sufficient.
Counsel for non-party makes an opening statement.
Je~na Moldawskyand Todd Boock are sworn and testi' fy

for the non-party.
Non-party exhibits 1 (declaration of Jenna Moldawsky),

2 (Order dated 3/13/08), 3 (minute order dated 7/~3V07),
4 (Judgment of Contempt dated 3/11/08), 5 (e-mail dfited
11/12/08 from Joseph Zernik), 6 (letter from Jennaj
Moldawsky dated 11/12/08), 7(11/24/08 e-mail letter
from Joseph Zernik), 8(12/9/08 e-mailed letter from
Joseph Zernik), 9 (12/9/08 e-mail from John Amberg)) ,
10 (12/9/08 e-mail fromJosephZernik).11 (12/9/108, e
mail from Joseph Zernik), 12 (12/16/08 e-mail frbm,
Joseph Zernik), 13 (Order dated 1/13/09 of Judge
Friedman), and 14 (printout of Joseph Zernik's web
page) are marked for identification and admitted into
evidence.
Defense counsel argues.
The Court finds defendant Joseph Zernik in contempt

on six occasions and issues fines in the amount o'if
$1,000.00 for each occasion for a total of $6,000.00.
A.ll exhibits are returned to counsel for non-partiY

in open court. I
r-tloving party is to give notice and submit a propo:sed

judgment.

PAGE: 257 01/07/10 14:59:05

Scinta Monica - West District
Ci vil Di vi sion
Ii
IL I ! 'I
CAS E HIS or 0 R Y
Date Activity
______________ ---J-_~ _
ose held & order is made

Judgment MEMO
A.ttorney for Intervenor
R.E CONTEMPT IS SIGNED BY JUDGE
FRIEDMAN THIS DATE
Filed By Cave, Bryan Attorney

, ' for Intervenor

:Report-Status MEMO
Receiver
Receiver's fifteenth interim

report for the month of January,
2009
Filed By Pl,STERNAK, PASTERNAK & PATTON Receiver

I

l\.ttorney for Intervenor
AND ENTRY OF JUDGMENT
Filed By Cave, Bryan Atto:tn¢y for Intervenor

On Behalf of Countrywide Home Loans, Inc. Defendcltnt
02/24/09 Event
Furthe:r Status Conference MEMO
Terry B. Friedman
8: <*6 am
FURTHER STATUS CONFERENCE RE NEED FOR RECEIVERSHjI:P;
I
PAGE: 25£3 01/07/10 14:59:05

Santa Monica -. West Di.strict
Civil Division
ir'=====
II Case Number: SC087400 NIVIE SAMAAN VS.= JOSEPH ZE;~I~ ,I
lk _,=== : i I II
CAS E HIS TOR Y
Date Activity
- "-- -
Plaintiff's counsel Moe Keshavarzi and cross-de/fel

dants' counsel Robert Shulkin appear via Court ta~l.
Status conference is held and cotninued to June 22,

2009 at 8:45a.m. in Department WEJ as the Federal l
case is still pending.
Order to show cause re dismissal as to the cros's

complaint/Motion to Expunge is set on March 27, 2iQ09
at 8:45a.m. in Department WEJ.
Counsel for cross-defendants is to give notice.


OSC-Failure to File Dism. or Judg. MEMO
Terry B. Friedman
03/27/09 at 8:47 am
re Cross-complaint
2.) Plaintiff's motion to quash
lis pendens/attorney fees

Terry B. Friedman
06/22/09 at 8:46 am

PAGE: 259 01/07/10 14:59:05

CAS E HIS TOR Y REPOR'I~

C.ivil Div.isi.on
Ir i I'
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH zm~I
l!::: _ I 'I
CAS :e: HIS1~ORY
Date Activity
Status conference is held & cant.

Notice MEMO
Receiver
NOTICE OF CONTINUED STATUS

CONFERENCE RE RECEIVERSHIP
6-22-09 8:45 AM DEPT J
Filed By PASTERNAK, PASTERNAK & PATTON

ReCeiVe['
Notice of Ruling
On Behalf of Libow, Michael Defe~d~nt
Filed By J:"AW DEPT. COLDWELL BANKER RES. BROKERAG Att()~nd.y for Cross-Defend

Plaintiff Nivie Samaan's ... and

motion to quash lis pendens and
order for attorney's fees and
costs in the am.ount of $2,365
On Behalf of SliMAAN, NIVIE Plaintiff

Filed By Sheppard, Mullin, Richter & Hampton Attotn~y for Plaintiff
03/06/09 ,Jow:nal Entry
$40.00
Other Pmnt
PAGE: 260 01/07/10 14:59:05

CAS E HIS TOR Y REP 0 R 'r
Civil Division
11'=====
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZER*I*
lb===== : - - ' 'I
CAS E HIS TOR Y
Date Activity
On Behalf of SAMAAN, NIVIE Plainti!f

Filed By Sheppard, Mullin, Richter & Hampton Attor~e~ for Plaintiff
03/12/09 Document Piled

Receiver
RECEIVER'S SIXTEENTH INTERIM
REPORT FOR THE MONTH OF 2-2009
03/24/09 Document Piled

Declaration MEMO
OF ROBERT J. SHULKIN, ESQ. RE asc

RE DISMISSAL IN SUPPORT OF
DISMISSAL OF ZERNIK CROSS-ACTION.
On Behalf of Coldwell Banker Residential Brokerage Defendaint

On Behalf of Libow, Michael Defend5nt
03/26/09 Document Pi.led

Declaration MEMO
OF CYNTHIA COBLENTZ IN SUPPORT OF

PLAINTIFF NIVIE S~~IS NOTICE OF
MOTION AND MOTION TO QUASH LIS
PENDENS AND ORDER OF ATTORNEY'S
FEES AND COSTS IN THE AMOUNMT OF
$2,365

Filed By Sheppard, Mullin, Richter & Hampton Attorn~y
. I
for Plaintiff

Amended Proof of Service MEMO
PAGE: 261 Pl/07/10 14:59:05


C.ivil Division
r;=
1\ Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNL,
I
lb
CAS E HIS TOR Y
Date Activity
OF PLAINTIFF NIVIE SAMAAN'S NOTICE

OF MOTION AND MOTION TO QUASH LIS
PENDENS AND ORDER OF ATTORNEY'S
FEES AND COSTS IN THE AMOUNT OF'

$2,365

Filed By SheppaTd, Mullin, Richter & Hampton Attorne~ for Plaintiff
Party Served PASTERNAK, PASTERNAK & PATTON ReceiVe
03/27/09 Event
Terry B. Friedman
8:45 am
ORDER TO SHOW CAUSE RE FAILURE TO FILE DISMISSAL lOR
JUDGMENT RE CROSS-COMPLAINT;
PLAINTIFF'S (NIVIE SAMAAN) MOTION TO QUASH LIS

PENDENS AND ORDER FOR ATTORNEY'S FEES AND COSTS ~N
THE AMOUNT OF $2,365.00;
The Court issues its tentative as follows:
PLAINTIFF MOTION TO QUASH LIS PENDENS: CONTINUJ1: Ii

GRANT
Defendant filed no response to this Motion. Th~

Proof of Service attached to the Motion states t at
Plaintiff personally served Defendant with a
proposed order granting a motion for post jU~3me~t
attorneys' fees, not this Motion. Also, the Prbo~ of
Service ind~cat~s that Defendant was serv~d onM+rch
6, 2009, whlch lS 15 court days before thlS hea.rt· ng,
not the required 16 court days.
Procedure §1005]. The Court may not consider thi~
Motion unless Plaintiff establishes that he tikely
served Defendant with notice of this Motion. I~ ~he
event that Plaintiff does file a sufficient Pr~of of
Service of this Motion by the hearing, the Couirt
PAGE: 262 01/07/10 14:59:05

Civil Division
rr===== 11
II Case Numbe:r-: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNII
, I \I
lb===" ==================== II
~
CAS E HIS TOR Y
Activity
sets forth its tentative ruling below.
As the claimant who filed the lis pendens in this

action, it is Defendant's burden to demonstrate the
validity of the lis pendens. [
Hunting World v. Superior Court (1994) 22 CA4th 6[7,
70] . Defendant cannot meet his burden because he ihas
not filed a response. Moreover, Plaintiff offers I
evidence that this action has been disposed asraiIlist
Defendant by way of a judgment in Plaintiff's favij'or.
Defendant's appeal was dismissed. Defendant's
related federal action does not state a claim fo~
real property. On the merits, the Motion is granded.
;,ttorneys who elect to submit on this published. I

tentative ruling, without making an appearance ay
the hearing, may so notify the Court by I
communicating this to the Department's staff before
the set hearing time. See, e.g., CRe Rule 3.1368.1
• . . • . . • . . • . . ••• . . ··Eoo OF TENTATIVE. . . . . . . . . .

·'·1..·
..
Counsel for cross-defendant, Robert Shulkin an<;l
dant Michael Libow, appear via Court Call.
Counsel argues.
The Court continues Plaintiff's Motion to Quas~

rI
en
April 3, 2009 at 8:45a.m. in Department WEJ.
Plaintiff's counsel is to give personal service

date.
Ls
I
'The Court dismisses the Cross-Complaint in its
entirety, with prejudice as to any Roes or Does.
It is so ordered.
Dated: March 26, 2009

Judge of the Superior Court
PAGE: 263 01/07/10 14:59:05

Santa Monica - West Dist.1:'ict
Civil Divisi.on
rr=====
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNI
Il
CAS E HIS TOR Y
Date Activity
Terry Friedman
Plaintiff's counsel is to give notice to counse~ tor

receiver.
RE CROSS-COMPLAINT
2) PLFF'S MOT. TO QUASH LIS PEN
DENS/ATTY FEES

OSC held & case dismissed
RE CROSS-COMPLAINT
2) PLFF'S MOT. TO QUASH LIS PEN
DENS/ATTY FEES

Court
RE MOT. TO QUASH LIS PEmJENS

Motion to Quash MEMO
Terry B. Friedman
04/03/09 at 8:45 am
LIS PENDENS AND ORDER FOR ATTY'S
FEES AND COSTS IN THE AMOUNT OF
$2,365.00 CONTINUES
03/27/09 1
Document Filed
Notice of Ruling
PAGE: ;~64 01/07/10 14:59:05

Santa Mon~ica - West Di.strict

civil Division
I
rr
ZE~IIK
I
" Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH II
l! II
CAS E HIS TOR Y
Date Activity
1
On Behalf of SAMAAN, NIVIE Plairtt'lff
Filed By Sheppard, Mullin, Richter & Hampton Atto~nJy for Plaintiff
04/03/09 Event
Te:rry B. Friedman
8:45 am
PLAINTIFF'S (NIVIE SAMAAN) MOTION TO QUASH LIS I
PENDENS AND ORDER FOR ATTORNEY'S FEES AND COSTS ~N
THE AMOUNT OF $2,365.00 CONTIWJESi I
Plaintiff's counsel provides proof of service to

defendant.
The Court adopts the tentative dated March 2'7, 2~09.
Plaintiff's Motion to Quash Lis Pendens is gra~t~d.
LIS PENDENS AND ORDER FOR ATTY' S

$2,365.00 CONTINUES

Motion Granted
LIS PENDENS AND ORDER FOR ATTY'S

$2,365.00 CONTINUES

PAGE: ;~65 01/07/10 14:59:05

Ci vil Di vision
Ir Ii
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZER~Ir II
IL 'I
j
CAS E HIS TOR Y
Date Activity
Receiver
RECEIVER'S SEVENTEENTH INTERIM

REPORT FOR THE MONTH OF MARCH,
2009
Filed By PASTERNAK, PASTERNAK & PATTON Rece~vJr

Receiver
RECEIVER'S EIGHTEENTH INTERIM

REPORT FOR THE MONTH OF APRIL
2009

Report-Status MEMO
Receiver
Receiver's nineteeth interim

report for the month of May 2009
Filed By PASTERNAK, PASTERNAK & PATTON Rece~vtr
06/22/09 Event
Terry B. Friedman I 1
8:46 am
FURTHER STATUS CONFERENCE RE NEED FOR RECEI,ffiRSH[Pi
Counsel indicates that the federal action will b~

dismissed shortly.
Today's Further Status Conference is contirnledl tp

September 23, 2009 at 8:45 a.m in this depa:rtmenit to
PAGE: 266 01/07/10 14:59:05

CAS E HIS TOR. Y l~EPORor
Santa Monica - West D.istrict:
Civil Division
rr= = i I II
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERf:.JIK I
lb = _ I II
CAS E HIS TOR Y
Date Activity
allow for processing of the dismissal.
Counsel for the receiver is to give notice.

Terry :So Friedman
09/23/09 at 8:46 am

Continued

Notice MEMO
Receiver
of Further Status Conference re

receivership
07/24/09 Documemt Filed

Order MEMO
GRANTING PLFF NIVIE SAMAAN'S

MOTION TO EXPUNGE LIS PENDENS IS
SIGNED BY JUDGE FRIEDMAN THIS
DATE
On Behalf of SAMAAN, NIVIE Plaihtiff

Filed By Sheppard, Mullin, Richter & Hampton Attornk y for Plaintiff
PAGE: 267 01/07/10 14:59:05

Santa Monica - West Di.strict
Civil Division
rF:====
~ Case Nu~)er: SC087400
[1====:
NIVIE SAMAAN VS. JOSEPH ZE±=f 'I
CAS E HIS TOR Y
Date Activity
09/23/'09 Event
Terry B. Friedman
8:46 am
There is no appearance by plaintiff's counsel q>r

defendant.
Status conference is held and continued to NOVEi!~er

25, 2009 at 8:45a.m. in Department WEJ for recEi!i~t
of report at which time the Court will dismiss the
case.
Receiver is to give notice.

Status conference is held & cont.
09/23/0.9 Scheduled Event

Terry B. Friedman
11/25/09 at 8:46 am
for receipt of report (possible

dismissal)

Receiver
... Status Conference re receiver

ship
PAGE: 2613 01/07/~0 14:59:05

Santa Monica - West Di.stricf:

civil Division
rf===='
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZE:~Nlt<
1.\====:
CAS E HIS TOR Y
Date Activity
Filed By PASTERNAK, PASTERNAK & PATTON Recei've1r

Off Calendar
dismissal)
11/16/09 .scheduled Bvent

Terry B. Friedman
01/05/10 at 8:46 am
Final report of the receiver
2.) Receiver's motion

Notice MEMO
Eeceiver
of cancellation of continued
status conference re receivership
Filed By PASTERNAK, PASTERNAK & PATTON ReCetVjr
11/24/09 ,Tournal Entry

Received - Sanctions
$6,000.00
Other Pmnt

,I
11/25/09 Event
Terry B. Friedman
8:46 am
FURTHER STATUS CONFERENCE RE STATUS OF BANKRUPTCY;
PAGE: 269 01/07/10 14:59:05


civil Division
rr===='
II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZER10nf
l~====: , II
CAS E HIS TOR Y
Date Activity
Pursuant to the telephonic notification of the r

reciever on November 16, 2009, this matter is taICen
off calendar. The reciever states that the final I
report has been completed and will be served on ~ll
parties. Matter is continued to January 5, 201Q at
8:45am in this department.
Reciever to give notice to all parties.

dismissal)

Receiver
Receiver's final report and

account and notice of motion and
receiver's motion for issuance of
order: 1. approving and settling
receiver's final report and
account; 2. approving and .
11/30/09' ,Journal En try
$45.00
Other Prnnt
Filed By PASTERNAK, PASTERNAK & PATTON Rece~ver


Notice-Case Reassignment and Order
Clerk
PAGE: 270 01/07/10 14:59:05

CAS E HIS TOR Y :REPORT

civil Div.isioll
Ir
II Case Numbe]~: SC087400 NIVIE SAMAAN VS. JOSEPH ZE;1"K
I
It I I
CAS E HIS TOR Y
Date Activity
Document Filed
1.2/1.7/09
Proof of Service
On Behalf of SAMAAN, NIVIE Plainqff

Filed By Sheppard, Mullin, Richter & Hampton Atto~n¢y for Plaintiff
1.2/21./09 Document Filed
Declaration
Receiver
, I
Filed By PASTERNAK, PASTERNAK & PATTON Recelver
MEMO
Creditor
FOR ORDER DIRECTING RECIEVER

TO PAY JUDGMENT FROM MONIES OF
DEFENDANT
1.2/24/09 Event
MEMO
~Tohn L. Segal
8:30 am
JUDGMENT CREDITOR'S EX PARTE APPLICATION
FOR ORDER DIRECTING RECIEVER TO PAY JUDGMENT Fl}011
MONIES BELONGING TO DEFENDANT AND JUDGMENT DEBTOR.
I t appearing to the Court that there are no ;u"Js

in this Courthouse that have not recused themsel.Jes
or have been disqualified, the ex parte applicJt£on
is continued to December 28, 2009 at 08:30am
in department WE-A to be heard by the Supervising
Judge of the West District, the Honorable Geraid
Rosenberg.
The Lien Claimant / moving party is to give notti~e.
~IUDGMENT CREDITOR'S EX PARTE
PAGE: 271 Q1/07/10 14:59:05

Civil Dj.vision
Ir = i I II
II Case Number: SCO 87400 NIVIE SAMAAN VS. JOSEPH ZERt-n~ II
l!:: _ - 'I
CAS E HIS TOR Y
Date Activity
APPLICATION FOR ORDER DIRECTING

RECIEVER TO PAY JUDGMENT FROM
MONIES OF DEFENDANT

Continued by Court
JUDGMENT CREDITOR'S EX PARTE

APPLICATION FOR ORDER DIRECTING
RECIEVER TO PAY JUDGMENT FROM
MONIES OF DEFENDANT

Gerald Rosenberg
12/28/09 at 8:30 am
EX PARTE APPLICATION FOR ORDER

DIRECTING RECIEVER TO PAY
JUDGMENT FROM MONIES BELONGING TO
DEFENDANT AND JUDGMENT DEBTOR
12/28/09 Event
Gerald Rosenberg
8:30 am
~JUDGMENT CREDITOR I S EX PARTE APPLIC.A.TION I I
FOR ORDER DIRECTING RECIEVER TO PAY JUDGMENT F~O¥
l'lONIES BELONGING TO DEFENDANT AND ~rtJDGMENT DEBTOj'
EX PARTE APPLICATION FOR ORDER

DIRECTING RECIEVER TO PAY
JUDGMENT FROM MONIES BELONGING TO
DEFENDANT AND JUDGMENT DEBTOR
PAGE: 272 01/07/10 14:59:05

San ta Moni ca .. west District

civil Division
rr I 1
II Case NtJ-mber: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIIK 1/
I j
~
CAS E HIS TOR Y
Date! Activity
01/05/110 Bvent
Terry B. Friedman
8:45 am
I
FURTHER STATUS CONFERENCE RE FINAL REPORT OF RECEIVER;
~~ECEIVER 1 S (DAVID PASTERNAK) MOTION FOR ISSUANCE 10F

ORDER: 1.) APPROVING AND SETTLING RECEIVER 1 S FINAL
REPORT AND ACCOUNT; 2.) APPROVING AND SETTLING FJlNAL
COMPENSATION AND REIMBURSEMENT OF COSTS FOR. REGEJlVER
I
(INCLUDING REQUESTED BONUS) I AND AUTHORIZING RECEIVER
TO PAY APPROVED UNPAID FEES AND COSTS TO RECEIVEIi;
3.) AUTHORIZING RECEIVER TO CONTINUED PAYING HIS [FEES
lIND COSTS DURING ANY APPEAL OF THESE R.EQUESTED ORDERS;
4.) DIRECTING RECEIVER TO PAY REMAINING FUNDS INI
RECEIVERSHIP ESTATE TO DEFENDANT JOSEPH ZERNIK WHEN
I
REQUESTED ORDERS ARE FINAL; 5.) EXONERATING ALL BONDS;
, I
6.) TERMINATING RECEIVERSHIP AND DISCHARGING: RECEIVER
FROM ANY FURTHER DUTIES OR RESPONSlillILITIES; , I
7 .) APPROVING ALL OF RECEIVER I S CONTRACTS AND ACTIONS
AS PROPER AND BEING IN THE BEST INTERESTS OF THE I
RECEIVERSHIP ESTATE; 8.) ORDERING PLAINTIFF NEVIl
SAMAAN AND DEFENDANT JOSEPH ZERNIK JOINTLY AND
SEVERALLY TO DEFEND AND INDEMNIFY THE RECEIVER A AINST
ANY CLAIMS THAT MAY ARISE FROM THIS RECEIVER!3H:):P I
ESTATE; 9.) RETAINING JURISDICTION OVER ANY MAtT~RS OR
CLAIMS WHICH MAY ARISE CONCERNING THE RECEIVER; .1.
10.) AUTHORIZING RECEIVER TO DISCARD ALL FILES AND
RECORDS REGARDING THIS RECEIVERSHIP WITHOUT sHREI!mING
, I
THEM; AND 11.) FOR SUCH OTHER ORDEI~S AS THE COURT
DEEMS PROPER;
There are no appearances by defendant or plaintiff's

counsel.
StatuB conference is held.
PAGE: 273 01/07/10 14:59:05

CAS E HIS TOR. Y REPOR'r
Ci vil Division
ff'=======
lb: __ :====
CAS E HIS TOR Y
Date Activity
Recevier's report is approved and the r-ema-i~l~::~gl chm

pensation in the amount of $18,436.17 is approvedl The
Court orders that the receiver keep all records,uhtil
December 31, 2012 at which time they may be destrbyed.
Receiver's request for bonus is heard and the Cbukt
takes the ruling under submission. Any parties m1y I
submit supplemental briefs by J-anua:ry 19, 2010 at

which time the Court will rule on the submitted
matter.
Receiver is to submit a proposed order and give

notice.


Ruling on Submitted Matter MEMO
Gerald Rosenberg
01/19/10 at 8:30 am
(RULING ON SUBMITTED MATTER:BONUS)
01/11/3.0 Event
Richard A. Stone
8:30 am
01/19/10 Event
Ruling on Submitted Matter MEMO
Gerald Rosenberg
PAGE: 274 Oi/07/10 14:59:05


Civil Division
___=±::::=::l
Case Numbe:r:: SC087400 NIVIE Sl\MAAN VS. JOSEPH ZE~NJ!K
CAS E HIS TOR Y
Date Activity
B: 30 am
RULING ON SUBMITTED MATTER: BONUS
(RULING ON SUBMITTED MATTER:BONUS)
PAGE: 27~;
11/07/10 14:59:05

10-01-07 Samaan V Zernik (SC087400) at The Superior Court of California, County of Los Angeles: Register of Actions (California Civil Docket) With A Preface S

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10-01-07 Samaan V Zernik (SC087400) at The Superior Court of California, County of Los Angeles: Register of Actions (California Civil Docket) With A Preface S

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10-01-07 Samaan v Zernik (SC087400) Register of Actions (California civil docket)

Following are only three examples:

1) October 25, 2005 – The opening page of the Register of Actions

10/25/05 Case Filed

10/25/05 Journal Entry

a) Top entry of the page:

07/06/07 Document Filed

b) Second from top entry in the page:

07/06/07 ,Journal Entry

c) Third from top entry in the page: [underlines added –jz]

07/09/07 Event Complete

FOR PROTECTIVE ORDER

Such records are false and deliberately misleading on numerous accounts.

The motion of non-party Countrywide Home Loans for a

Boock and attorney of record John W. Amberg, which

07/23/07 Event Complete

09/10/07 Document Filed

court. During the safe harbor period, the offending

There is simply nothing to show that SAMAAN or her

CLERK'S CERTIFICATE OF MAILING/

09/10/07 Event Complete

Dated: April 10, 2010

I, JOSEPH ZERNIK, hereby declare as follows:

CAS E HIS TOR Y REP 0 R T

Santa Monica - West District

Case Number: SC087400 NIVIE SN~~ VS. JOSEPH ZERNIK

Filing Type: New Filing # Children

Case Type Other Real Property Rights Case Filed 10/25/05

Judge Richard A. Stone Age 1535

Disp Type Disposed 00/00/00

CAS E HIS TOR Y

10/25/05 Case Filed

NIVIE SAMAAN 2 NSF chk iecd/retd

RECUSAL - JUDGES ALAN GOODMAN;

J.BIDERMAN; J.CONNOR; & ~.SEGAL

170.6-JUDGE R.NEIDORF;JUDGE L.COLE

10/25/05 Journal Entry

10/25/05 Document Filed

PAGE: 1 01/07/10 14:59:05

Santa MO~i~,?- - West District

II Case Number: SC087400 NIVIE SAMAAN VS. JOSEPH ZERNIK

CAS E HIS TOR Y

10/27/05 Document Filed

Attorney for Plaintiff

Filed By Stein, Jay R. Former Attorney for Plain

11/01/05 Document Filed

AGAINST JUDGE NEIDORF

Filed By Stein, Jay R. Former Attorney for Plain

Counsel for plaintiff files a declaration in support

The Court finds that the challenqe is timely, and

All future hearing dates s~t in this action in

Counsel for plaintiff is tb give notice to all

PAGE: 2 01/07/10 14:59:05

Santa Monica - West District

Case Number: SC087400 NIVIE SAMA.!IJ\f VS. JOSEPH ZERNIK

CAS E HIS TOR Y

CLERK'S CERTIFIqATE OF MAILING/

I, the below named Executive Officer/Clerk of the

Date: November 1, 2005

John A. Clarke, Executive Officer/Clerk

11/01/05 Event Complete

11/01/05 Event Complete

Counsel represents to the Court that a Cross