Dr Z Digitally signed by

Joseph H Zernik
DN: cn=Joseph H
Joseph Zernik, PhD Zernik, o, ou,
email=jz12345@ea
PO Box 526, La Verne, CA 91750; rthlink.net, c=US
Location: La Verne,
Fax: 801 998-0917; Email: jz12345@earthlink.net California
Date: 2010.01.24
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs 09:03:43 -08'00'

10-01-24 Samaan v Zernik (SC087400): Kindly request to Supervising Judge Gerald Rosenberg, to
Deputy-Clerk Ruth Miklos, to Attorney David Pasternak, and others - to Cease and Desist
Racketeering

Bryan Cave, LLP; Buchalter Nemer; John A Clarke – Clerk of the Superior Court of California,
County of Los Angeles; Mara Escrow Company; Charles McCoy – Presiding Judge; Ruth Miklos –
Deputy-Clerk; Brian Moynihan – President; Bank of America Corporation; David Pasternak,
Gerald Rosenberg – Supervising Judge; Nivie Samaan; and Sheppard Mullin.
TO PARTIES LISTED ABOVE:
Please take notice of instant repeat request to cease and desist racketeering, pertaining to false and deliberately
misleading January 21, 2010 purported Minutes by Judge Gerald Rosenberg and Deputy-Clerk Ruth
Miklos, in collusion with David Pasternak and others, which upon review should be deemed fraud and
forgery of a court record, and as part of a scheme of extortion. [1]
Samaan v Zernik (SC087400) was falsely claimed to be a case of the Superior Court of California,
County of Los Angeles. The facts in the matter demonstrated that no such caption as Samaan v Zernik
ever existed under the jurisdiction of the Superior Court of California, County of Los Angeles. Under
such false caption, Attorney David Pasternak and the Superior Court of California, County of Los
Angeles were opined by fraud expert, second to none, as conducting real estate fraud. [2] Countrywide
Financial Corporation, and later Bank of America Corporation, were alleged as central to the
racketeering at the Court in this matter. [3] [4]
Regarding alleged fraud and forgery in the January 21, 2010 purported Minutes, [1] please notice the
following:
1) The January 21, 2010 purported Minutes were listed under caption Samaan v Zernik (SC087400), and the
Superior Court of California, County of Los Angeles. The evidence demonstrated that such caption never
existed as a case of the Superior Court of California, County of Los Angeles.
2) The January 21, 2010 purported Minutes listed Gerald Rosenberg, in his capacity as Judge, as presiding
in such caption. None of the judges that purported to preside in such caption held an Assignment Order,
neither does Judge Rosenberg. His conduct in this regard must be deemed non-judicial conduct, and
therefore, not covered by any judicial immunity.
3) The January 21, 2010 purported Minutes were listed as a “Ruling” of the above named court “on
Submitted Matter Regarding Receiver’s Request for Bonus.” However, there was nothing properly before
Gerald Rosenberg, in his capacity as judge, to rule upon.
4) The January 21, 2010 purported Minutes designated David Pasternak as “Receiver” in Samaan v Zernik.
Even had there been such valid caption as Samaan v Zernik, no Appointment Order for David Pasternak
as “Receiver” had ever been entered by the Court. Therefore, David Pasternak could not possibly be
designated as “Receiver”.

Page 2/5 January 24, 2010

5) The January 21, 2010 purported Minutes stated that David Pasternak’s purported request for “Bonus” was
“Denied.” The purported grounds for such Denial were:
The Receiver's (DAVJJD J. PASTERNAK) Request for
Bonus Compensation is DENIED. There is no legal authority
submitted for the award of said bonus.
Even had there been a valid caption such as Samaan v Zernik, and even had there been an Appointment
Order entered for David Pasternak as Receiver, such ruling would have contradicted all previous court
actions under the same purported caption: There had never been any legal authority submitted for any of
Mr Pasternak’s actions under the false caption of Samaan v Zernik. Neither was there any legal authority
for any of Gerald Rosenberg’s conduct under such false caption.
6) The January 21, 2010 purported Minutes ended with a purported: Clerk’s Certificate of Mailing/Notice of
Entry of Order, which was signed by Ruth Miklos, on behalf of John A Clarke, Clerk of the Court. Upon
comparison of such paper to a collection of Minutes of the Court, [5] the format of the signature box and
the service list clearly showed that the January 21, 2010 purported Minutes were never adequately issued
in Sustain, the case management system (CMS) of the court. Instead, the signature box and the service list
were typed in the word processing capacity of the CMS. In fact, the paper should be deemed a forgery,
generated through false use of Sustain.
7) The purported January 21, 2010 purported Minutes ended with an invalid, false and deliberately
misleading Service List:
-DAVID J. PASTERNAK
Receiver
1875 Century Park East, Suite 2200 Los Angeles, California 90067-2523

-MOE KESHAVARZI, ESQ, Attorney at Law

SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP
333 South Hope Street, 48th. Floor Los Angeles, California 90071-1448

-BRYAN CAVE LLP Attorneys at law

120 Broadway, Suite 300 Santa Monica, California 90401-2386

-JOSEPH ZERNIK Defendant, in Pro-Per Status [sic –jz]

P.O. Box 526 La Verne, California 91750

-MICHAEL WACHTELL, ESQ Attorney at Law

BAUCHALTER & NEMER
1000 Wilshire Boulevard, Suite 1500 Los Angeles, California 90017·-2457

California Rules of Court required that each and every party be listed with its designation in the Service
List. The purported counsel listed above should have been listed with their purported clients and purported
party designations, as such:
-BRYAN CAVE LLP Attorneys at law
120 Broadway, Suite 300 Santa Monica, California 90401-2386
Appeared, and purported to be Counsel of Record for:
Bank of America Corporation, Non Party, Real Party in Interest, Defendant, Plaintiff, Cross Defendant -
interchangeably – all with no legal foundation at all.

-JOSEPH ZERNIK Defendant, in pro per

P.O. Box 526 La Verne, California 91750

Page 3/5 January 24, 2010

-MICHAEL WACHTELL, ESQ Attorney at Law

BAUCHALTER & NEMER
1000 Wilshire Boulevard, Suite 1500 Los Angeles, California 90017·-2457
Appeared and purported to be Counsel of Record for:
Mara Escrow Company, subsidiary of Old Republic International – with no party designation at all.

-MOHAMMAD KESHAVARZI, ESQ, Attorney at Law

SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP
333 South Hope Street, 48th. Floor Los Angeles, California 90071-1448
Appeared for Nivie Samaan purported Plaintiff.

The January 21, 2010 purported Minutes are a repeat with variation of the December 8, 2009 purported
Reassignment Order to Judge Richard Stone. [6] The December 20, 2009 Notice to Cease and Desist
Racketeering, which was consequently issued, [7] appeared to have been ignored by the Hon Rosenberg,
albeit, the false case of Samaan v Zernik was never moved to Judge Richard Stone, either.

In short:
The January 21, 2010 purported Minutes upon review should be deemed as forgery, and as additional
evidence of various predicated acts pursuant to RICO, and in addition - as deprivation of rights under the color
of law, and as deprivation of implied guarantee for honest services.
The January 21, 2010 purported Minutes also demonstrated the ongoing fraud in operation of Sustain, the
case management system (CMS) of the LA Superior Court, and the need to subject all CMSs of the courts to
publicly accountable validation (certified functional logic verification)...

Dated: January 24, 2010.

Truly,

Joseph Zernik
Los Angeles County, California
http://www.scribd.com/Free_the_Rampart_FIPs
http://inproperinla.blogspot.com/
Patriotic pics of Sharon Stone, Beyonce’ Knowles, and Charlize Theron,
Coming soon- deep house music!

CC1:
1) John A Clarke – Clerk of the Superior Court of California, County of Los Angeles
By fax and by letter USPS First Class mail
2) Bryan Cave, LLP
By email
3) Buchalter Nemer
By email
4) Jon Leibowitz, Chair, Office of Federal Trade Commission
By Email
5) Mara Escrow Company
By fax and by letter USPS First Class mail
6) Ruth Miklos - Deputy-Clerk
By fax and by letter USPS First Class mail

Page 4/5 January 24, 2010

7) Charles McCoy – Presiding Judge,

By fax and by letter USPS First Class mail
8) Brian Moynihan – President, Bank of America Corporation,
By email
9) David Pasternak,
By email
10) Gerald Rosenberg – Supervising Judge,
By fax
11) Nivie Samaan
By email
12) Sheppard Mullin
By email
CC2:
1) FBI Los Angeles – as a request to investigate overwhelming evidence of racketeering at the Los
Angeles Superior Court.
2) Robert Mueller, III, Director, FBI - as a request to investigate overwhelming evidence of
racketeering at the Los Angeles Superior Court.
3) Glen A Fine – US Dept of Justice – Inspector General – in re: Complaint against Kenneth Kaiser
and Kenneth Melson.
4) Mary Schapiro – SEC Chair – in re: Complaint against Bank of America Corporation.
5) David Kotz – SEC - Inspector General – in re: Complaint re: SEC’s refusal to investigate Bank of
America Corporation.
6) Kevin Bailey – Deputy Comptroller of the Currency – in re: Complaint against Bank of America
Corporation.
7) Eric Thorson – Dept of the Treasury – Inspector General – in re: Refusal of Thrift Supervision and
Federal Trade Commission to investigate Countrywide.
8) Basel Accord Committee – in re: US government failure to conduct banking supervision as a good
faith party to the Basel Accords.
9) Central Banks, Analysis Departments – slim prospects for early emergence of the US from current
depression, absent measures to safeguard government integrity.

Linked Records:
[1] January 21, 2010 – purported Minutes by Judge Gerald Rosenberg in Samaan v Zernik (SC087400),
alleged as fraud and forgery:
http://inproperinla.com/10-01-21-minute-order-by-judge-rosenberg-s.pdf
[2] December 17, 2007 Grant Deed by David Pasternak – Opinion letter of fraud expert James Wedick
regarding “fraud being committed” by David Pasternak.
http://www.scribd.com/doc/24991238/07-12-17-Samaan-v-Zernik-SC087400-David-Pasternak-Grant-Deeds-
opined-as-fraud-by-James-Wedick-ss
[3] Six Key Records, which were all filed or produced by Bank of America and/or Countrywide in Samaan
v Zernik, and were all alleged as fraud, were the subject of complaints pursuant to Sarbanes Oxley Act
(2002), filed with Bank of America Audit Committee with a request to either authenticate or repudiate the
records:
http://www.scribd.com/doc/25286689/09-04-17-Samaan-v-Zernik-SC087400-Bank-of-America-List-of-six-
key-records-alleged-or-opined-as-fraud-submitted-in-complaint-to-BAC-Audit-Committee
[4] Bank of America and/or Countrywide’s records in Samaan v Zernik that were opined as fraud by fraud
expert:

Page 5/5 January 24, 2010

a. http://www.scribd.com/doc/25695526/04-09-27-Samaan-v-Zernik-SC087400-Samaan-s-fraudulent-loan-
applications-as-filed-with-Countrywide-s
b. http://www.scribd.com/doc/25696045/04-09-27-Samaan-v-Zernik-SC087400-Nivie-Samaan-s-
fraudulent-loan-applicaitons-opinion-letter-by-fraud-expert-s
c. http://www.scribd.com/doc/25694933/04-10-26-Samaan-v-Zernik-SC087400-Opinion-Letter-Country-
Wide-Frauduent-Underwriting-Letter-s
a. http://www.scribd.com/doc/25694599/04-10-26-Samaan-v-Zernik-SC087400-Countrywide-s-Fraud-in-
Underwriting-Letter-Dkt-44-Country-s
b.
[5] Collection of Minute Orders by the Los Angeles Superior Court, none of them is claimed to be an
honest valid and effectual, yet they demonstrate the alleged forgery in the January 21, 2010 purported
Minutes.
http://inproperinla.com/00-00-00-la-sup-ct-minute-orders-electronic-case-file-08-11-14-full-certif-s.pdf
[6] December 8, 2009 purported Reassignment Order to Judge Richard Stone:
http://inproperinla.com/09-12-08-notice-by-keshavarzi-reassignment-to-stone-samaan-v-zernik-s.pdf
[7] A notice to cease and desist racketeering, separately issued for the fraudulent December 8, 2009
Reassignment Order.
http://www.scribd.com/doc/25692157/09-12-20-Samaan-v-Zernik-SC087400-Zernik-s-Notice-to-Sheppard-
Mullin-judges-and-others-re-Dec-8-2009-purported-Reassignment-Order-to-cease-and-d

"This case should demonstrate that the FBI will pursue all allegations of judicial corruption
vigorously, as public corruption violations are among the most serious of all criminal conduct and
can tear at the fabric of a democratic society," said John F. Pikus, special agent in charge of the
Albany division, in a prepared statement.
 SUPEFUOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

DATE: 01/21/10 DEPT. WEA

HONORABLE GERALD ROSENBERG JUDGEII RUTH MIKLOS DEPUTY CLERK

HONORABLE JUDGE PRO TEM ELECTRONIC RECORDING MONITOR

EMMA JACKSON Deputy Sheriffll NONE Reporter

8:30 amlSC087400 Plaintiff

Counsel

NIVIE SAMAAN NO APPEARANCES

VS Defendant
JOSEPH ZERNIK Counsel
RECUSAL - JUDGES ALAN GOODMAN;
~r . BIDER~lAN i J. CONNOR. i & J. SEGAL
170.6-JUDGE R.NEIDORF;JUDGE L.C
=====*=:===:====
NATURE OF PROCEEDINGS:

RULING ON SUBMITTED MATTER REGARDING RECEIVER'S

REQUEST FOR BONUS (SUBMITTED 01/05/10 JillD CONTINUED
TO 01/21/10);

Matter, continued from 01/21/10, is called for

hearing.

There are no appearances.

In this matter here~ofore, submitted 01/05/10, the

Court now renders i~s decision as follows:

The Receiver's (DAVJJD J. PASTERNAK) Request for

Bonus Compensation ~s DENIED. There is"no legal
authorithy submitted, for the award of said bonus.

CLERK'S CERTIFICATE OF MAILING/

NOTICE OF ENTRY OF ORDER
I, the below named Executive Officer/Clerk of the
above-entitled cour~, do hereby certify that I am not
a party to the caus~ herein, and that this date I
served Notice of Endry of the above minute order of
01/21/10 upon each ~arty or counsel named below by
depositing in the Uriited States mail at the courthouse
in Santa Monica, Ca~ifornia, one copy of the
original entered he~ein in a separate sealed envelope
for each, addressed as shown below with the postage
MINUTES ENTERED
Page 1 of 3 DEPT. WEA 01/21/10
COUNTY CLERK
 SUPERIOR COURT OF CALIFORNIA. COUNTY OF LOS ANGELES

DATE: 01/21/10 DEPT. WEA

HONORABLE GERALD ROSENBEB-G JUDGE II RUTH MIKLOS DEPUTY CLERK

HONORABLE JUDGE PRO TEM ELECTRONIC RECORDING MONITOR

EMMA JACKSON Deputy Sheriffll NONE Reporter

8:30 amlSC087400 Plaintiff

Counsel

NIVIE SAMAAN NO APPEARANCES

VS Defendant

JOSEPH ZERNIK Counsel

RECUSAL - JUDGES ]~LAN GOODMAN;

J. BIDERMAN; J. CONNOR; (~ ,J. SEGAL

170 . 6 - JUDGE R. NEIDORf' ; ,JUDGE L. C
====f=I-===:==:======
NATURE OF PROCEEDINGS:

thereon fully prepaid.

Date: January 21, 2010
John A. Clarke, Executive Officer/Clerk

By, R. MIKLOS ~

-DAVID J. PASTERN]~~ .

Receiver

1875 Century Park East, Suite 2200

Los Angeles, California 90067-2523

-MOE KESHAVARZI, ESQ,

Attorney at Law

SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP

333 South Hope Street, 48th. Floor

Los Angeles, California 90071-1448

-BRYAN CAVE LLP

Attorneys at law

120 Broadway, Suite 300

Santa Monica, Califprnia 90401-2386

-JOSEPH ZERNIK

Defendant, in Pro-Per Status

P.O. Box 526

La Verne, California 91750

MINUTES ENTERED
Paqe 2 of 3 DEPT. WEA 01/21/10
COUNTY CLERK
 SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

DATE: 01/21/10 DEPT. WEA

HONORABLE GERALD ROS ENBERG JUDGEII RUTH MIKLOS DEPUTY CLERK

HONORABLE JUDGE PRO TEM ELECTRONIC RECORDING MONITOR

EMMA JACKSON Deputy Sheriffll NONE Reporter

8:30 amlSC087400 Plaintiff

Counsel

NTVIE SAMAAN NO APPEARANCES

VS Defendant

J·OSEPH ZERNIK Counsel

RECUSAL - JUDGES ALAN GOODMAN;

J . BIDERMAN; J. CONNOR; & oJ. SEGAL

170.6-JUDGE R.NEIDORF;JUDGE L.C

NATURE OF PROCEEDINGS:

-MICHAEL WACHTELL, ESQ

Attorney at Law

BAUCHALTER & NEMER

1000 Wilshire Boulevard, Suite 1500

Los Angeles, California 90017·-2457

MINUTES ENTERED
PaSJe 3 of 3 DEPT. WEA 01/21/10
COUNTY CLERK
 \
SUPERIOR COURT OF CALIFORNIA c}t-"¢>~4...\,<,
COUNTY OF LOS ANGELES
·§UZ~ ,-
II
WEST DISTRICT-SANTA MONICA COURTHOUSE ~ ........~ -
• if
:> PITNEY KOVIIr.5

1725 MAIN STREET

SANTA MONICA, CALIFORNIA 90401
02 1M $ 00.440
- 0004240353 JAN 21 2010

~
if
• MAILED FROM ZIP CODE 90401

h ze!</l/I·~

()y~

c 8c-- 9/ ?cJO
9i ··?E:::::::r::C':E::~2S 11.1'llllllilllll I.I11111 IlL III Ljill i lUi 1111 ii j i iL Iii II II

"