08-09-02 tikkun press release

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BEVERLY HILLS HOMEOWNER, ROBBED BY LOS ANGELES COURT LAUNCHED CIVIL RIGHTS PETITION - TO OPEN THE BOOK OF JUDGMENTS,AND TO APPOINT A U.S. SPECIAL COUNSEL .
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“What started at the Rampart came home to roost in Beverly Hills…and it goes all the way from Santa Monica to Calabasas – where Countrywide is based…”
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LOS ANGELES SEP 2 Robbed Beverly Hills homeowner Joseph Zernik was abused for the third year by litigation in the Los Angeles Superior Court. In court papers he details multiple layers of frauds by plaintiff, Samaan, and Countrywide. Zernik also describes frauds, which he claims were perpetrated by the court itself, for example – “Judgment Fraud: The court claims it executed a valid, effectual, entered Judgment, but the problem is you cannot see it... since the Court is hiding the Book of Judgments from public access, abusing First Amendment/Common Law rights. "
As confirmed by the U.S. Supreme Court in Nixon v Warner Communications, it is the right of the public to inspect and to copy court records, let alone your own litigation records. But Zernik is denied from access to his own litigation records for the third year in a row. In all, Zernik also describes in court file three gag-orders imposed on him by the court – to benefit Countrywide, Mara Escrow, and United Title – three very large corporations, all of which were involved in the fraud. In addition, in court papers Zernik describes severe abuse of Due Process rights – for 22 months he received no notice of minute orders, rulings, judgments, and was also not allowed to see the paper court file. When he was finally able to see some, but not all his court file records, he discovered that Judge Connor routinely entered false and deliberately misleading records, with no notice to parties. Moreover, on several occasions, she entered contradictory records. “It misleadingly looks like errors”, says Zernik, “but if you look closely, you realize these errors are too sophisticated and too precise to be errors.” Finally – his right for possession was abused. The purported Judgment was for specific performance, but to this day, nine months later, he never received a penny from the proceeds of the purported sale of his own home, taken by the court through forced entry by Att David Pasternak.
In investigating the case, Zernik found out that the court failed to issue a writ of execution for the sale of the house, and instead, resorted to title fraud. That fact was confirmed by a letter of opinion that Zernik obtained from James Wedick, a veteran FBI agent, commended by the U.S. Congress, by FBI Chief, and by U.S. Attorney General, whose claim to fame is a sting operation that led to conviction of corrupt Caifornia State Assemebly members. Furthermore, search in the court archives shows that all judgments entered at that time (August 2007) are already archived, but there is no judgment in Zernik's case. In addition, two senrior clerks separately advised Zernik that no judgment was entered in his case. Zernik requested that the Presiding Judge of the Los Angeles Superior Court issue a certificate of entry of judgment, or alternatively – a certificate of the absence of an entered judgment. Litigants are entitled to obtain such certifications of court file records for a small pay. The Presiding Judge’s office refused to issue either certificate.
“There is no other way to describe this… the Los Angeles Court moved us back into the middle-ages” says Zernik, “the very notion of a Book of Judgments that is a public record and open to inspection, was invented to prevent this from happening. And that was hundreds of years ago, this is already established in Common Law, long before Jefferson dreamed up the Bill of Rights.”
“And what reason could there be for an honest court to deny the public access to its books?”
Worse yet, police and FBI are refusing to investigate the fraud by the court. “I was explicitly told by the FBI to submit a complaint where the Judge, that is Judge Connor, is not mentioned. But that is impossible, she is the racketeeer-in-chief.” In court paper, Zernik attributes the refusal of law enforcement to act in this case to the fact that Judge Jacqueline Connor overturned in 2000 a jury verdict of the four Rampart police, a judicial act described at the time as “unprecedented”. “My case is of significance because of the insights we get through it into the operation of the Los Angeles Superior Court, and the justice system as a whole. Nothing really changed since the Rampart trial… At that time Judge Connor demonstrated to the world that she could scuttle justice in the criminal courts, and get away with it, and today, in 2008, she is doing exactly the same - in the civil courts.”
In the aftermath of the Rampart case, the U.S. Department of Justice appointed a U.S. Judge as an Overseer of the LAPD, to monitor compliance with U.S. Civil rights. “But the Court was in fact allowed to continue civil rights abuses. The 9,5 millions that this court serves, are denied access to the court records on a daily basis, for decades… My case is not by any means unique”, says Zernik, “I identified at least one more real estate case that is similar. I believe that the court here engages in real estate frauds. Specific Performance/equity rights cases are particularly suitable for such frauds, since the court is then involved in the escrow process. In other courts I believe specific performance litigations are very uncommon.”
In court papers submitted today, Zernik says that the significance of the case is related to the role of Judge Connor in the Rampart trial, where she in fact undermined the prosecution of what was described in the literature as “heinous crimes”. She attributed her action to error, which she was the first to point out.
“Already in June 2007, before I even knew that she was involved in the Rampart Trial, I filed a statement of disqualification for a cause against her,” says Zernik. “And it was entirely based on analysis of her “error” patterns and concluding that such were not errors at all, but false and deliberately misleading conduct. I based my argument on simple statistical argument – if these were real innocent errors, then they should have been evenly distributed in their effects. But all the errors were such that they hurt only one party. Her conduct on that day, July 12, 2007 fully confirmed my claims. My filing was pursuant to CCP §123.7, but Judge Connor had an "error" in reading, and she on the spot stated that it was a filing for a Peremptory Challenge per CCP §168.3, untimely, and therefore she struck it. I was stunned how she smoothly in open court lied like that. Judge Connor may also claim that she made some error relative to the entry of the judgment… But the elaborate maneuvers, and the use of fraudulent grant deed entirely eliminate any reasonable consideration of good faith error. “This was an elaborate fraud production” says Zernik, “it lasted from August to December of 2007, and it was obvious all along that time that the court was engaged in fraud:” Reports published in 2000 explicit stated that the judiciary was equally to blame for the atrocities that were uncovered. But the Los Angeles Superior Court was left with no supervision in the aftermath. In court paper filed today, Zernik argues that a U.S. Special Counsel is needed, first to investigate the court’s conduct that allowed the Rampart to take place. That was never addressed. Second, the Special Counsel should investigate real estate transactions in the court, and third, the Special Counsel should investigate the relationship between the court and Countrywide, which was directly involved in the fraud in his case. Zernik is planning on filing today a notice also with the U.S. Department of Justice, and with the Consent Decree Overseer, alerting him to the problem, and seeking any assistance that may be within his authority. Separately, notice will be served with the Presiding Judge, Stephen Czuleger, demanding that he restore a Book of Judgments, compliant with the law, no later than October 9, 2008.
The Petition, named TIKKUN LA 2008 is available online. Zernik says “My goal is to repair the abuse of First Amendment rights of the millions who live in Los Angeles County – to open the Book of Judgment, and to bring Los Angeles back into the fold of the U.S. Constitution.”
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Joseph Zernik can be reached at 1stamendmentLA@gmail.com
1) Web site: Tikkun LA 2008 – http://tikkunla.blogspot.com/
2) Additional Web site: - < http://inproperinla.blogspot.com/ >
3) Additional information about this real estate litigation is found in the American Homeowner’s Resource Center http://www.ahrc.se/
The latter site allows to view fraud expert reports demonstrating plaintiff Samaan’s frauds:
1) Prequalification Letter Fraud
2) Loan Applications Fraud
Fraud by Samaan and Countrywide:
3) Underwriting Letter Fraud
Fraud by the Court:
4) Grant Deed fraud.
Fraud by the Court:
5) Litigation Records Fraud