Digitally signed

by Joseph Zernik
DN: cn=Joseph
Zernik, o, ou,
email=jz12345@
earthlink.net,
c=US
Date: 2010.05.12
15:43:28 +03'00'

\...-..

TODD A. BOOCK
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~ GuntIYWI-de®
5220 LAS VIROENES ROAD
FIRST VICE PRESIDENT AND SENIOR COUNSEL MS AC-11
CALABASAS, CA 91302

(818) 871-6045
(818) 871-4669 FAX

June 6,2007

VIA FEDERAL EXPRESS AND E-MAIL

Joseph Zernik, DMD PhD

320 South Peck Drive
Beverly Hills, CA 90212

Re: Samaan v. Zernik

Los Angeles Superior Court Case No.: SC087400

Dear Dr. Zernik:

We are in receipt of your four amended notices of deposition, for the depositions
of Countrywide employees Maria McLaurin, Demetrio Gadi, Mariela Garcia, and Kristin
Orton, set to take place in San Francisco and Los Angeles on June 11 and 12,2007.

These amended notices of deposition are improper and Countrywide objects to

them on the following grounds:

.- • Kristin Orton was never served with a subpoena and, as such, she will not
appear for deposition.

• In addition to not having received a subpoena, neither Ms. Orton nor

Countrywide has received a notice to consumer regarding Ms. Orton's
deposition. Consequently, the amended notice of Kristin Orton's
deposition violates California Code of Civil Procedure section 1985.3(b)
and lacks appropriate notice to Countrywide employees and former
employees, as well as third parties implicated by the deposition notice.

• You have attempted to notice four depositions in two days, three of which
are on the same day and two of which overlap. You have also set
simultaneous depositions in two different cities, Los Angeles and San
Francisco. According to your purported deposition schedule, the first
deposition will commence at 1:00 p.m. on June 11, 2007 in San Francisco;
the next deposition will commence at 1:30 p.m. the same day in Los
Angeles; the third deposition will commence at 3:30 p.m. the same day in
Los Angeles; and the last deposition will commence at 10:00 a.m. on June
12th in San Francisco. This deposition schedule is improper, harassing,
oppressive and unduly burdensome.

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Joseph Zernik, DMD PhtJ
June 6, 2007
Page 2 of 3

• You never contacted me to inquire about my or the deponents' availability,

or made any attempt to accommodate my or the deponents' schedules,
when setting these depositions. This is in violation of the basic rules of
litigation conduct, as more specifically set forth in Los Angeles County
Superior Court Local Rule 7.12(e)(2). This violation is especially grievous
in light of the travel required to defend these depositions.

• You do not have good cause to take the depositions of Demetrio Gadi,
Mariela Garcia or Kristin Orton. You have continuously harassed
Countrywide and its employees, and your conduct is in violation of Los
Angeles County Superior Court Local Rule 7.12(e)(1).

• You subpoenaed Maria McLaurin to appear for deposition on April 20,

2007. We were ready, willing and able to appear with Ms. McLaurin for
her deposition on that date. On April 16, 2007, you informed me that Ms.
McLaurin's deposition would not go forward on April 20, 2007. We have
not heard from you since that date regarding the scheduling of this
deposition. Countrywide and Ms. McLaurin did not agree to appear for
deposition on any other date, nor did you subpoena her for any other date.
Consequently, you have no right to demand that Ms. McLaurin appear for
deposition on June 11, 2007, and she will not appear for deposition on
that date.

• You subpoenaed Demetrio Gadi and Mariela Garcia to appear for

deposition on May 11, 2007. On April 25, 2007, you informed me that the
depositions of Ms. Garcia and Mr. Gadi would not go forward on May 11,
2007. You have subsequently made no attempt to reschedule these
depositions. Countrywide and these individuals did not agree to appear
for deposition on any other date, nor did you subpoena them to appear on
any other date. Consequently, Mr. Gadi and Ms. Garcia will not appear for
deposition on June 11, 2007.

• You have not tendered witness fees for any of the witnesses who you
seek to depose, nor have you remitted the $95.95 you owe us from our
prior production.

Ms. McLaurin, Mr. Gadi, Ms. Garcia and Ms. Orton will not appear for deposition
on June 11 and 12, 2007. Please make no further attempts to pursue their depositions,
or we will file a motion for protective order and request for sanctions against you.

In your June 5, 2007 e-mail, you wrote that these depositions would be taken by
"attorney(s) retained" by you. Please have your attorney(s) contact me, or provide me
with their contact information, so that I may discuss the above issues with them.
Additionally, it is my understanding that you are still representing yourself in pro per,

s\ss\l-c\Zernick-Samaan\Ltr-Zernik-003.doc
Joseph Zernik, DMD Ph~
June 6,2007
Page 3 of 3

and as such, it is proper for me to communicate with you directly. If you have retained
an attorney to represent you in this matter, please advise immediately and let me know
the name, telephone number and address of your attorney, so that I know not to contact
you directly and can communicate with your attorney.

Thank you for your anticipated cooperation.

Very truly yours,

OME LOANS, INC.

TAB/nh

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