Professional Documents
Culture Documents
Joseph Zernik
John W. c\mberg (C\ State Bar No. 1081(6) DN: cn=Joseph
2 Jenna Moldawsky (C\ Scate Bar No. 246109) Zernik,
120 Bro3lhn\', Suite 3(H) email=jz12345@ea
rthlink.net, c=US
Santa ;\lonicl, California 904()1~2386 Date: 2009.01.07
Telephone: 3lU-576-2100 22:44:58 -08'00'
4 Facsimile:) 10-576-2200
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.\ttortle\·s for Non-Party COUNTRY\VIDE HOf\IE LO,\NS, INC.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF LOS ANGELES, W:EST DISTRICT
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TO :\1.1. Pi\RTIES AND THEIR XLTORNEYS (W RFCORD:
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The hearing on Non-Party Countrywide Home J~oans, Inc's ("Countrywide") f\lotion
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for Sanctions and Other Relief Against Defendant Joseph Zemik (the "1\'lotion") is set for
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.I anuary 13, 2009 at 8:45 am in the abo\'e-entitled Court. Pursuant to Code of Ci\'il Procedure
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§ 100!), an opposition to the Motion had to be filed not less than nine (9) court day',; pnor to
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the hearing and had to be served in a manner reasonably calculated to emure ddwry to the
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other party not later than the close of the next business day. In this case. the deadlIne to file
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any opposition to Countrywide's Motion was December 30, 2008, and any opposing party was
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to ensure delivery of any such opposition by close of business on December 31, 2CHJ8.
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Countrywide hereby gl\'CS notice that, as of January 6, 2()U9, its counsel has not yet
2 received any opposition to the i\lotion. Because Countrywide's counsel has not received any
3 opposition to the Alotion, Countrrwide respectfully requests that the (.ourt grant tllC
4 relluested relief.
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6 Dated: January (l, 2()()9 BRY/\N C\ \'~': J.lY
John \'(T. . \mberg, Esq.
7 Jcnna Moldawsky, J':sq.
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SMOI DOCS714695. 1 2
~jOTICE OF NO\-OPPOSITION
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1 PROOF OF SERVICE
2 I am employed in the County of Los Angeles, State of California. I am over the age of 18
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 6,2009, I s(~rved the following document(s), described as: NOTICE OF
NON-OPPOSITION TO COUNTRYWIDE HOME LOANS, INC.'S MOTION FOR
5 SANCTIONS AND OTHER RELIEF, on the interested party(s) in this action, as follows:
6 Joseph Zernilk David J. Pasternak
7 2415 Saint George Street Pasternak, Pasternak & Patton, LLP
Los Feliz, California 90027 1875 Century Park East, Suite 2200
8 Telephone: (310) 435-9107 Los Angeles, Califomia 90067-2523
Facsimile: (801) 998-0917 Telephone: 310-553-1500
9 jz 12345 {I)earthlink.net
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Facsimile: 310-553-1540
djp@paslaw.com
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12 333 South Hope Street, 48th Floor Coldwell Banker Residential Brokerage Company
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o'¢ Los Angeles, CA 90071-1448 27271 Las Ramblas
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Facsimile: 213-620-1398 Mission Viejo, CA 92691
~ ~ ~ 14 mkeshavarzi(2i:sheppardmullin.com Telephone: 949-367-2077
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« >- IL Facsimile: 949-367-2080
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16 D (BY MAIL) I placed a true copy of the foregoing document in a sealed envelope
addressed to each interested party as set forth above. I placed each such envelope for collection
.«z 17 and mailing at Bryan Cave LLP, Santa Monica, California. I am readily familiar with Bryan Cave
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18 LLP's practice for collection and processing of correspondence for mailing with the United States
Postal Servicl~. Under that practice, the correspondence would be deposited, with postage thereon
19 fully prepaid, with the United States Postal Service on that same day in the ordinary course of
business.
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r8J (BY OVERNITE DELIVERY) I deposited in a box or other facility maintained by
21 Federal Express, an express carrier service, or delivered to a courier or driver authorized by said
express carrie:r service to receive documents, a true copy (or original) of the foregoing docUlnent,
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in an envelope designated by said express service carrier, with delivery fees paid or provided for.
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Executed on January 6, 2009, at Santa Monica, California.
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I declare under penalty of perjury under the laws of the United Slates of America and the
25 State of CaliD:)rnia that the foregoing is true and correct.
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27 Alexa Kim
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BRYAN CAVE LLP
John \X'. "\mberg (C\ ~tate Bar 1';0. W8IClCl)
2 Jenna i'.loldawsky (C\ ~tate Bar No. 24(1109)
12() Broadway, ~uite 30U
~anta !\Ioniui, California 9(41)1-2386
Telephone: 31O-5'7Cl-2100
4 I,'acsimilc: 31O-57Cl-2200
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,\ttorneys for Non-Parry COUNTR'{\\V'IDE HO!\IE LO:\NS, INC.
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SUPERIOR COURT OF THE STATE OF CALlFORNIA
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FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
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I, Jenna Moldawsky, declare as follows:
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1. 1 am an attorney licensed to practice law in California. I am an associate in the
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law firm of Bryan Cave LLP, counsel of record for non-pany Countrywide Home Loans, Inc.
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("Countrywide"). r have personal knowledge of the facts set fonh in this ~uppIcm(ntal
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Declaration. I submit this Supplemental Declaration to present new e\idcncc to support
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Country'\vide's pending motion for monetary sanctions and for other relief against Defendant
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Joseph Zernik's ("Zernik") violation of the Court's protective order of July 23, 200'7.
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2. On December .28, 2008, Zemik sent an email to m>'self and others, claiffilng
2 that I was the "\X'inner of the 2008 Pinokio ,\ward," attacking my credibility as counsel felt
3 Counrn:wide, claiming that J am a "precious student in the art of streamlining," ano stating
4 that "the Pinokio ,\ward committee congratulates you, .. for such unique :lchie\Tment so early
5 in your career - as graduate of UCJ ,.\ Law School, Class of 200G." "\ true and correct copy of
6 this correspondence is attached to this DecJar:ltioll as Fxhibit "\ and Incorporated herein by
7 reference.
8 3. On December ~~t), 2008, Zernik sent a fax to Kenneth D. I,ewis, Presldent and
9 CI·:O of Bank of .\merica Corporation, and 'T\mothy \Iayopolous, General Counsel o[ lhnk
II also alleges "collusion of the Clerk of the Court and the Presiding.ludge" In this malter. ,\
12 true and correct copy of this correspondence is attached to this Declaration as Exhil)it Band
16 J declare under penalty of perjury under the laws of the State of California th:lt the
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17 foregoing is true and correct.
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18 I':xecuted on 1anuarv
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(1, 200t), at San ta D;fonica, Cali fornia.
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,\ ~loldawsky ()
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SMOIDOCS714813J 2
-----_._-
. SUPPLEMENTAL DF:CLARATlclN IN SUPPOR r OF MOTION
FOR SAl\CTlONS- 5-
EXHIBIT A
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Digitally SigllE·d by
Joseph Zcrnlk
!J DN: cn=Jospph Zernlk..
) . ~~v'L emalkFl234)@earthl
1...;;.-- ~ Ink.net. (=LY)
Date: 2008 12 28
20:26:45 -0800
"NOll-Purly Counlrywicle /lome Louns, Inc' Notice ofIHolion and IHotionfol' IHonelul"!J
Sanel ions..."".'"
"In this aliful pleading, Att Moldawsky masterly craned all possible Pinokio effects:
Att Moldawsky purportedly represents a corporate client, but she would not answer direct questions about its
identity, neither has she filed any corporate disclosure in the past six months since E~OA cook over
Countryw ide., and si nce <')'antlor Samuels and A flgelo Mozi/o presumably ceased to be Countrywide
employees. Alt. Moldawsky also liled no paper showing she was authorized hy l~OA, and ROA deni,~d she
was authorized.
Att Moldawsky purponedly represents a client whom she designates "Non-Party". By what authority and on
what legal foundation she came by Ihis party designation? Obviously it is handy in t:liling to report the
violations of the law per Sarbanes-Qi(l0'.J\ct 01'2002 §307, but why did the Clerk of the Court accept-,uch
filing?
Att. Moldawsky's paper claims to be part of a case captioned Samaafl v Zemili (SC087400). of the L4
Superior Court. But the offices of Presiding Judge and Clerk of the Court refusc to cerli t:1 such facts.
Att Moldawsky adequately listed no judge as being assigned the to the case on the face page. And yet, in the
first sentence she noticed it to "Department r. What legal theory led Att Moldawskyin determination of
venue and jurisdiction'7 Maybe the fact that Mr Terry Friedman is a friend of !t!r Sandor Samuels..,
Att Moldawsky's arguments arc based on a purponed July 23, 2007 Order by '/ud/:e COl1nor. but a valid
order that was issued. served, noticed, and entered in a timely manner is yet to be produced ...
Att Moldawsky included in her motion a table of authorities. How did she detennine that such ca'Sc is
adjudged by the Law of the State of California ?
Art Moldawsky, again. produced evidence with no authentication, and insufficient pleadings - by coun>e1.
The Pinokio Award committee congratulates you, Att Moldawsky, for such unique achievement so early in your
career - as graduate of UCLA Law School, Class oj2006. Congratulations also to your mentors at Bryan Cave,
LLP, Bank ojAmericll, and Countrywide. Mr Samuels' inspiration surely shines between your lines - his
precocious student of the art of streamlining, of which he is a master - second to none ...
All the best!"
* Ms Moldawsky's unllJ'ecedenled achievement was also submitted to Boing Boing - a diredory ofwonderfil! tlling.v, !Wl!:i/hoingboillg,lIc.\{.
** htlll:/iin [Jro[Jcrillla.romlO'l-O 1-13-molda" skv-lIotirl·-of-motion-sanclions-wnlcmpl.pdf
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EXHIBIT B
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JElL: •• 1M From: "Ioseph Zernik
To Lewis Page 1 of 5 2008-12-2923:01:32 (GMT)
COVER MESSAGE
Dec 29, 2008
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To Lewis
:._-=
Page 2 of 5 2008-12·29230132 (GMT) From ,Joseph Zemik
Digitally signed by
Joseph Zemlk
/7 D~: cn=Joseph Z~mlk,
) . -~..vL ema ll=jz1234S@earthll
~ nknel.C~US
Ddte 200B 12.29
Joseph Zemik DMD PhD 13:43'1308'(}()'
f-.-l'l I ,~, r::1'~t: n~,~";" En,,]!! !?:i :":'4~'~f:'c;rtldlnf{ pf-l
Dec 29,2008
Jerula Moldawsky
Jenna moldawski@bryancave com
John Amberg
<Jwamberg@BryanCavecom>
Modisett, JefTrcY....6.
Managmg Partner· Los Angeles
J amodisctt(a~ bryancavecom
Peter Van Cleve
Managing Parmer - St. Lows
pdvanckveialBlyanCave com
BY Fax (310) 576·2200
In the most recent filing from Bryan Cave, LlP, under the signature of a junior attorney in your office,
one finds evidence of continued racketeering - obstruction and perversion ofjustice, filing offaL-;e
['E'(x:m:1s in court, etc. Please accept this letter as a dem,md to withdraw the latest filing - a notice of
motion and motion purportedly scheduled for January 13, 2009.
Separate demands are sent to a) the office of the clerk of lASe, and b) the office ofTimothy
MayopouIos, General Counsel of Bank ofAmerica, who appear to collude in such conduct that must be
deemed in violation of the California and the U.S. penal codes.
For reference, please [md a copy of Bank ofAmerica General Counsel Ouu,;dc CoUlL<;;e1 Procedures at:
http://Ulp!'01"JcrUllu.comjoB-12-11-boa-autside-cxmnsel-pmcemo·cs-s.~1f
f or reference. please find a copy of Ms Mold awsky ,s notice of motion and motion and addlUonal records at:
http://inprorlerinla.comlo9:01-13-moldawsky-notioe-ofmotion-sanetions-
contempt.P4[
LIsted below are .lust some of the reasons for the statements above
Att Moldawsky purportedly represents a corporate client, but she would not answer direct questions about
Its Identity, neither has she filed any corporate disclosure In the past six months since BOA took over
Countryvilde, and since Sandor Samuels and Angelo Mozilo presumably ceased to be CountrywIde
employees
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To Lewis
• 2'E i
Page 3 of 5
:aat 3
200&-12-292301,32 (GMT) F'rom' .Joseph Zemik
a, Please munedlately provide verified statement includmg the exact IdentIty of you clIentCs) wIth a
corporate dlsclosure(s), whether Samuels and Mozilo are still employed by Bank of Amenca,
and/or any of Its alIiliates and/or subsidianes, and whether or not you still represent the latter twe
gentlemen Please include in such statement eVIdence ofyoUI authOrIZatIOn by General Counsel of
Bank of Amenca office,( ego Legal Matter #, BOA procedures, part II, page 2)
2 Please provide reference to the authority aud legal foundatIOn for the designation of your client as "Non-
Party".
3, In case you represent Dank of America or any of its afftiiates andJor subsidIaries, pkase provide venfied
statement that you are farmltar with your duty to report per Sarbaoes-Oxky Act of 2002, ,~ 307 (c.g. BOA
procedures, part V,H, page 8)
4. Please provIde certIfIcatIOn by office of the PresidL'1g Judge of the Court·- Stephen Czuleger, or otTice of
the Clerk of the Court, John Clarke, that case captlOned Samaal1 v Z emik (SC087400), lS indeed a else of
the LA Superior Court and the Supenor Court of the State of CalifornIa DIe preponderance of the
eVidence, rncludrng but not lunited to the fact that conduct such as your conduct in the past year and a half
indicates that such case never was, and never Will be a case of the Superior Court of California
5 Please provide certificalion by office of the Presiding Judge, Stephen Czuleger, or the ot1ice of the Clerk
of the Court, John Clarke, that such case was duly assigned to Judge Terry Friedman
6 Please provide a copy, certified by office of the Presiding Judge, Stephen Czuleger, or the offtce of the
Clerk, J'Jhn Clarke, of the purported July 23, 2007 Order by Judge Connor
7 Please provide adequate authentication of all evIdence.
8. Please provide verified statements by Mazda and Samuels regarding any purported harassment suffered
by them and/or any communication received by them, as claimed by you in this pleading and/or In
prevlouo. ones
9 Please p::ovlde verified stateml~nl explaining the nature and the legal founda.tion of the recent monetary
transaction where you receIved $7,500 tram Att DaVId Pasternak.
10 Please provide verifIed statement explaining the nature and the legal founda.tlon of any previous monetary
transactwns between you and Att David Pasternak related to this matter.
II Exhibit A includes copy of a purported Minute Order date 7/23/07 purportedly as 'evidence for a purported
court order My data indicate that the copy you atta\;hed IS false and deliberately misleadmg, the true date
that such paper, whether legItimate or false, was entered IS 7/24/07. Furthermore, the record you
presented is missing the Clerk's Certificate of Mailing and Notice ofEnuy, therefore invalid. The habit of
the LA Superior Court to violate basic rights of Due Process such as notice and service is annually
denounced by the CalifornIa Council on Judicial Performance Furthermore, the RegIster of Actions of
the purportt:d case shows that sllch purported hearing of Countrywide's abusive motion was heard "olfthe
record", and was the result of a procedure on 7/6/07 that was out of compliance and in violation of the
law, and was explIcitly listed ill the Register of Actions as "offthe rccDrd" Please prOVIde certIfication by
the oflice of PreSiding Judge Stephen Czuleger and/or office of the Clerk of the Courl John Clarke,
together Wlth a verified statement by one of these two providing the legal foundation and authenticatlJn f
this record, which on Its face is a misrepresented and misidentified legal record
12. Exhibit B mcludes a Declaration by Att Boock, providing hearsay of phone conversations between Zernik
and Randy Sparks, and between Zemik and Phillip Wertz, and between Zemlk and nurrerous various
others In the Legal Department of Bank of America. Please provide adequate evidence of these phone
calls, that is not by hearsay, where Zernik was advised that Jenna Moldawsky is NOT authorized to
represent Bank of America
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L I i Ii &
T a LewIs Page 4 of 5 2008-12-292301 :32 (GMT) From ..Joseph Zemil<
13. Exhibit B further mcludes a purported Order, dated Feb 15, 2008, signed by Mr Terry .s Friedman, Ji-lIsel)'
idcntlt)mg him as a Judge holdmgJunsdlctlOn In a case falsely identIfied as a case of the Supenor Court
of the State of Caltfomla, falsely captIOned Samaan v Zerruk (SC087400) Please provide certified ,;opy
of this record, together with a verified statement by either PreSiding Judge Stephen Czuleger or Clerk of
the Court John Clarke, that such IS an authentIC record of the State of California SuperIor Court, that case
captioned Samaan v Zemik (SC087400) is indeed a case of the State of California Superior Court, ,md
that t-.1r Terry Friedman held at that time Jurisdiction over such matter
14 Exhibit C Include a purported Judgment RE Contempt, dated March 7, 2008, signed bv Mr Terry B
Ffledman, please proVide evidence as In /;/13 above
J 5. ExhibitD includes a record including an emaIl datedNovJ2.2008.Itis obvious that this IS an adulterated
record, and the top part of it was deleted Please provide the full and complete record with adequate
authentication and full legal foundation
J6 Exhibit F includes a copy of an email from John Amberg regarding representation, that IS neither verified,
nor authenticated, and is mIssing the supporting documentation to prOVide it with legal foundatIOn .Please
prOVIde the necessary eVIdence
17 ExhIbit H Includes an adulterated copy of an email record dated Dec 9,2008, regarding the [layment of
$7,500 Again, the top portion oftms record was deleted Please prOVide the complete record with
adequate authentIcatIOn and foundation.
18 Exhibit] includes an adulterated computer record ~ copy of an email dated Dec 9, 2008 regarding the
fraUdulent copy of a real estate purchase agreement produced In subpoena by CountrywIde and tIled 10
court by All Mohammad Keshavarzi Again, the top portion of thIs record was delet,~d Please provde
the compiete record With adequate authentication and foundation.
19 Exhlbl t K inc! udcs a copy of a ,etter dated December 3, 2008, addressed to Mr Kenneth LeWIS and I\'!s
Teresa Brenner, Demand to mitigate damages and for corrective actions. Please provide adequate
authenticatIOn and legal foundation
20 Exhibit L of the current pleadIng includes copy of a fax transmission addressed to Mr Mayopoulos, il11d
beanng fax header imprints suggesting it came from the office of Mr Mayopoulos. Piease proVide
adequate veriilcation by Mr Mayopoulos.
2 J Exhibit M of the current pleading includes copy of a fax transmission that appears stamped "Received",
and handwrItten marked - ., 1219108 AWL, refer: Exec Relations, via fax BOA 804·264-2082". It appears
that such record was received in an office located in the State of Virgmia, pOSSibly the olEce of Amy
Woods Brinkley, Global Risk ExecutIve, Bank of America Corporation, and Member of the Board of
Directors. Please prOVide adequate verificatIOn by 1v1s Brinkley or whomever was the source of such
record.
22. ExhibIt N of the current p]eadmg lllcludes copy of an email transmIssion, dated Dec] 6, 2008, that COldd
come from on..:: of a large number of indiViduals Please proVIde adequate venfication by whomever was
the sourc(: of such record.
23 ExhIbit N of the current pleading further includes copy of a letter dated Dec J2,2008 P!iease provide
adequate verificatIOn
24 ExhIbit N of the current pleading further includes copy of an email by Att Todd Book. dated Dec 9,2008.
Please provide adequate verification
25 Exhlblt N of the current pleading further includes copy of a letter by Att Me.ldawsky dated Dec 11, 2008
Please provide adequate verification
- 12 -
To LewIs Page 5 of 5 2008-12-29230132 (GMT) From ..Joseph lemik
26 Exh Iblt N of the current pleading further Includes copy of Proof of Servlce t hat IS unvenfied Please
prov[d(~ venficatLOn, authenttcation, and the legal foundation
27 ExhIbit N of the current pleading further includes copy of a proposed order, naming Judge Terry
Fnedman as the purported slgner Please provide verificatlOn, authenticatIOn, and adequate legal
foundallOn.
Joseph Zemlk
CC
J STEPHEN CZULEGER
Presldmg Judge of the Court of Los Angeles
By email
By fax
JOHN A CUillKE
Clerk of the Superior Court of Los Angeles
By email
By fax
TERRY 8 FRIEDMAN
Judge ofllie Superior Court of Los Angeles
By email
By fax
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PROOF OF SERVICE
1 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
Monica. California 90401-2305.
3
On January 6, 2009, I served the foregoing document(s), described as SUPPLEMENTAL
4 DECLARATION OF JENNA MOLDAWSKY IN SUPPORT OF COUNTRYWIDE HOME
LOANS, INC.'S MOTION FOR SANCTIONS AND OTHER RELIEF AGAINST
5 DEFENDANT JOSEPH ZERNIK, on the interested party(s) in this action" as follow~,:
18 Postal Service. Under that practice, the correspondence would be deposited, with postage thereon
fully prepaid. with the United States Postal Service on that same day in the ordinary course of
19 business.
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27 Alexa Kim
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SMOI DOCS71-1813. I 3
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SUPPLEMENTAL DECLARATIc)N IN SUPPOR"r OF ViOTION
FOR SANCTIONS