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4 FacsImile: 310-576-2200
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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23 PLEASE TAKE NOTICE that on February 17,2009 at 9:30 a.m., Defendant Joseph
24 Zernik ("Zernik") is ordered to appear for a hearing and show cause why Zernik should be
25 held in contempt of court and sanctioned for his violations of the Court's July 23,2007
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SMOlDOCS715852.1 2
NOTICE OF HEARrNG DATE
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6 BY J. 'CITRON, DEPUTY
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14 ,): . Date: January 13, 2009
U ~ ::; 15 HJOSE:PH ZERNIK, et al. Time: 8:45 a.m.
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17 Counttywide Home Loans, Inc.'s ("Countrywide") motion (1) for monetary sanctions
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18 against Defendant Joseph Zernik ("Zernik") for his repeated violations of the July 23, 2007
20 counsel, Bryan Cave LLP, regarding the present action and no other Countrywide officers or
21 employees (Court Order"); (2) for an order to show cause why Defendant Joseph Zernik
22 should not be held in contempt and sanctioned accordingly for his continued violations of the
23 Court Order; and (3) for a modification of the Court Order to include officers and employees
25 directed to communicate solely with Countrywide's designated counsel, Bryan Cave LLP, and
26 no other officers and employees of Countrywide affiliates regarding the present action (the
27 "Motion"), came on for hearing before the Honorable Terry B. Friedman in Department WE]
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2 II Having read and considered the Motion and all papers submitted in support thereof
3 II and in opposition thereto, and having heard and considered the argument of counsel and
6 1\ 1. Countrywide presented sufficient evidence that Defendant Joseph Zernik violated the
10 record) the amount of$~as sanctions within 20 days of the hearing. In the
11 event that Zernik fails to pay these sanctions to Countrywide, the Receiver in this
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13 Receiver's Fund upon notice to the Receiver and Defendant Joseph Zernik by
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< < u 15 2. The Court Order is modified to include officers and employees of all Countrywide
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17 Countrywide's counsel, Bryan Cave LLP, regarding the present action and no other
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18 officers or employees of Countrywide affiliates; and
22 IT IS SO ORDERED.
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~ Dated: ~ \~ ~ ~B.~ riedman
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Judge, Superior Court of California
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26 U BRYAN CAVELLP
John W. Ambe.rg (CA State Bar No. 108166)
27 Jenna Moldawsky (CA State Bar No. 246109)
28 Attorneys for COUNTRYWIDE HOME LOANS, INC.
SMOIDOCS112792.1 2
PROPOSED ORDER
PROOF OF SERVICE
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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.
7 Joseph Zernik
2415 Saint George Street
8 Los Feliz, California 90027
9 cgj (BY HAND DELIVERY) I caused a true copy (or original) of the foregoing
document(s) to be delivered by hand to each interested party as set forth above.
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David J. Pasternak Moe Keshavarzi, Esq.
11 Pasternak, Pasternak & Patton, LLP Sheppard Mullin Richter & Hampton, LLP
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1'1 1875 Century Park East, Suite 2200 333 South Hope Street, 48th Floor
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Los Angeles, California 90067-2523 Los Angeles, CA 90071-1448
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13 Robert J. Shulkin, Esq.
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Coldwell Banker Residential
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Z 17 cgj (BY OVERNIGHT DELIVERy) I deposited in a box or other facility maintained
« by Federal Express, an express carrier service, or delivered to a courier or driver authorized by
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18 said express carrier service to receive documents, the foregoing document addressed to each party
listed above, in an envelope designated by said express service carrier, with delivery fees paid or
19 provided for.
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Executed on January 15, 2009, at Santa Monica, California.
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I declare under penalty of perjury under the laws of the United States of America and the
22 State of California that the foregoing is true and correct.
23
Alexa Kim
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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SMOlDOCS715852.1
PROOF OF SERVICE BY HAND DELIVERY
1
I am employed in the County of Los Angeles, State of California. I am over the age of 18
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and not a party to the within action. My business address is 1511 W. Beverly Blvd., Los Angeles,
3 CA 90026.
On January 15,2009, I served the document(s) described as:
4 1. NOTICE TO DEFENDANT JOSEPH ZERNIK TO APPEAR ON
FEBRUARY 17,2009 AND SHOW CAUSE WHY HE SHOULD NOT BE
5 HELD IN CONTEMPT OF COURT AND SANCTIONED FOR
VIOLATIONS OF THE JULY 23, 2007 PROTECTIVE ORDER,
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2. NON-PARTY COUNTRYWIDE HOME LOANS, INC.'S NOTICE OF
7 MOTION AND MOTION (1) FOR MONETARY SANCTIONS AGAINST
DEFENDANT JOSEPH ZERNIK IN THE AMOUNT OF $5,564.50 FOR
8 VIOLATIONS OF THE JULY 23, 2007 PROTECTIVE ORDER; (2) FOR AN
ORDER TO SHOW CAUSE WHY DEFENDANT JOSEPH ZERNIK
9 SHOULD NOT BE HELD IN CONTEMPT AND SANCTIONED FOR
10 VIOLATIONS OF THE PROTECTIVE ORDER; AND (3) FOR A
MODIFICATION OF THE PROTECTIVE ORDER TO INCLUDE
11 OFFICERS AND EMPLOYEES OF ALL COUNTRYWIDE AFFILIATES,
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co INCLUDING BANK OF AMERICA CORPORATION; MEMORANDUM
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C)I 12 OF POINTS AND AUTHORITIES; DECLARATIONS OF JOHN W.
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0.., AMBERG AND TODD A. BOOCK
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13 3. SUPPLEMENTAL DECLARATION OF JENNA MOLDAWSKY IN
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22 Executed on January 15, 2009, at Los Angeles, California. I declare under penalty of
perjury, under the laws of the State of California, that the foregoing is true and correct.
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25 Signature
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