Digitally signed

by Joseph Zernik
DN: cn=Joseph
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email=jz12345@
earthlink.net,
c=US
Date: 2010.05.12

1BRYAN CAVE LLP 15:04:10 +03'00'

John W. Amberg (CA State Bar No. 108166)

2 Jenna Moldawsky (CA State Bar No. 246109)
120 Broadway, Suite 300
3 Santa Monica, California 90401-2386
Telephone: 310-576-2100
4 Facsimile: 310-576-2200

5 Attorneys for Countrywide Home Loans, Inc.

6
7

8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
10

11 NIVIE SAMAAN, et al., Case No. SC087400

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18 Countrywide Home Loans, Inc.'s ("Countrywide") motion (1) for monetary sanctions

19 against Defendant Joseph Zernik ("Zernik") for his repeated violations of the July 23, 2007

20 Protective Order directing Zernik to communicate solely with Countrywide's designated

21 counsel, Bryan Cave LLP, regarding the present action and no other Countrywide officers or

22 employees ("Court Order"); (2) for an order to show cause why Defendant Joseph Zernik

23 should not be held in contempt and sanctioned accordingly for his continued violations of the

24 Court Order; and (3) for a modification of the Court Order to include officers and employees

25 of all Countrywide affiliates, including Bank Of America Corporation, so that Zernik is

26 directed to communicate solely with Countrywide's designated counsel, Bryan Cave LLP, and
27 no other officers and employees of Countrywide affiliates regarding the present action (the

28 "Motion"), came on for hearing before the Honorable Terry B. Friedman in Department WE]

SMOIDOCS715848.1 NOTICE OF RULING

 1 of the Los Angeles Superior Court, West District, on January 13, 2009. Jenna Moldawsky of

2 Bryan Cave LLP appeared on behalf on non-party and movant Countrywide. Defendant·

3 Joseph Zernik did not appear. No other appearances were made.

4 Having read and considered the Motion and all papers submitted in support thereof

5 and in opposition thereto, and good cause appearing therefor,

6 THE COURT MADE THE FOLLOWING FI DI GS:

7 1. The Protective Order issued by the Honorable Jacqueline Connor on July 23, 2007 (the

8 "Court Order") is a valid order and the Court was authorized to grant the Court Order

9 pursuant to California Code of Civil Procedure Sections 2031.060 and pursuant to

10 California Code of Civil Procedure Section 128(a)(5). Both code sections serve as
11 legitimate bases for the issuance of the Court Order;
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1. DefendantJoseph Zernik is to pay Countrywide (through Countrywide's attorneys of
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18 record) the amount of $5,564.50 as sanctions within 20 days of the hearing. In the
19 event that Zernik fails to pay these sanctions to Countrywide, the Receiver in this
20 matter, David J. Pasternak, is authorized to pay the sanctions to Countrywide from the
21 Receiver's Fund upon notice to the Receiver and Defendant Joseph Zernik by
22 Countrywide;

23 2. The Court Order is modified to include officers and employees of Bank of America

24 Corporation so that Defendant Joseph Zernik is directed to communicate solely with

25 Countrywide's counsel, Bryan Cave LLP, regarding the present action and no other

26 officers or employees of Bank of America Corporation; and

27 3. DefendantJoseph Zernik is ordered to appear on February 17, 2009 at 8:45 a.m. to

28 show cause why he should not be held in contempt of court and sanctioned for
SMOIDOCS715848.1 2
NOTICE OF RULING
 1 violating the Court Order.

2 DATED: January 13, 2009 BRYAN CAVE LLP

3 John W. Amberg
Jenna Moldawsky
4

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6 1 na Moldawsky
Attorneys for
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SMO IDOCS715848.1 3
NOTICE OF RULING
EXHIBIT A
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DEPARTMENT J - LAW AND MOTION RULINGS

Case Number: SC087400 Hearing Date: January 13, 2009 Dept: J

NON-PARTY COUNTRYWIDE HOME LOANS MOTION FOR SANCTION, ORDER TO SHOW CAUSE RE
CONTEMPT AND MODIFICATION OF PROTECTIVE ORDER: GRANT

Defendant 1 Cross-Complainant Joseph Zernik filed no response to this Motion for which Non-Party
Countrywide Home Loans served timely notice.

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: contempt against Zernik for further violations of a July
23, 2007 Protective Order. On February 15, 2008, this Court issued an Order imposing monetary
sanctions on Zernik and setting an Order to Show Cause re Contempt against him for his violations of the
Protective Order. On March 7, 2008, the Court found Zernik in contempt for his violations of the
Protective Order and imposed further monetary sanctions against him.

Once again, Countrywide presents evidence of Zernik continuing to violate the Protective Order by
engaging in harassment against employees and officers of Countrywide. Countrywide bases this portion of
its Motion on two grounds. First, Countrywide argues that the protective order was issued pursuant to
CCP §2031.060 and should be enforced by sanctions against Zernik for misuse of the discovery process.
[CCP §§2023.010 and 2023.030]. The Court finds that Zernik's conduct arises out of his subpoena to
obtain documents from Countrywide and therefore constitutes a misuse of the discovery process.

Second, Countrywide relies on CCP §128(a)(5) which grants broad authority to the court in furtherance of
justice to control proceedings before it. Zernik and Countrywide were connected to a proceeding before
the court. Therefore, CCP §128(a)(5) applies 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.

Countrywide offers extensive evidence to support its claim that Zernik has violated the protective order.
Accordingly, the Court will grant the second request in this Motion to issue an order to show cause why
Zernik should not be held in contempt for violation of the protective order and sanctioned pursuant to
CCP §1218.

Lastly, Countrywide asks the Court to modify the Protective Order to include officers and employees of
Countrywide affiliate Bank of America Corporation. Countrywide offers evidence that Zernik has engaged
in the same harassment against Bank of America officers and employees as he perpetrates against
Countrywide officers and employees. For the same reasons as the Court issued the Protective Order, it
will grant the third portion of the Motion to modify the Protective Order to include officers and employees
of Countrywide affiliate Bank of America Corporation within the scope of the Protective Order.

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 3.1308.

Tentative Rulings - Main Menu Home

http://courtnet/TentativeRuling/UI/main.aspx?msg=Message+-++Rulings+for+Case+SCO87... 1/9/2009
 PROOF OF SERVICE
1
I am employed in the County of Los Angeles, State of California. I am over the age of 18
2 and not a party to the within action. My business address is 120 Broadway, Suite 300, Santa
3 Monica, California 90401-2305.

4 On January 13,2009, I served the foregoing document(s) described as: NOTICE OF

RULING, on each interested party in this action, as follows:
5
Joseph Zernik
6 2415 Saint George Street
Los Feliz, California 90027
7
[gI (BY OVERNIGHT DELIVERY) I deposited in a box or other facility maintained
8 by Federal Express, an express carrier service, or delivered to a courier or driver authorized by
said express carrier service to receive documents, a true copy (or original) of the foregoing
9 document to the party listed above, in an envelope designated by said express service carrier, with
delivery fees paid or provided for.
10

11 David J. Pasternak Moe Keshavarzi, Esq.

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17 I:8J (BY MAIL) I placed a true copy of the foregoing document in a sealed envelope
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addressed to each interested party as set forth above. I placed each such envelope for collection
18
and mailing at Bryan Cave LLP, Santa Monica, California. I am readily familiar with Bryan Cave
19 LLP's practice for collection and processing of correspondence for mailing with the United States
Postal Service. Under that practice, the correspondence would be deposited, with postage thereon
2.0 fully prepaid, with the United States Postal Service on that same day in the ordinary course of
business.
21
Executed on January 13,2009, at Santa Monica, California.
22
I declare under penalty of perjury under the laws of the United States of America and the
23
State of California that the foregoing is true and correct.
24

25 Alexa Kim
26

27

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