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13 SITE ALONG WITH HIS ACTIONS SO FAR, SHOWS THAT HE'S UNWILLING
14 TO SEE THIS JUDGMENT CARRIED THROUGH.
15 YOUR HONOR, MY CLIENTS HAVE SPENT SIGNIFICANT
17 ENFORCED -- GETTING THIS JUDGMENT. AND NOW THAT WE'VE HAD THE
22 JUDGE CONNOR, WHEN SHE ENTERED THE JUDGMENT SAID THAT WE WERE
25 SHE WASN'T SURE ABOUT PREJUDGMENT ATTORNEYS FEES, BUT SHE SAID
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1 BUT POST JUDGMENT WE CERTAINLY DO INTEND TO BRING THAT MOTION.
2 YOUR HONOR, WE MADE THE ARGUMENTS IN OUR
3 PAPERS. I'M NOT GOING TO WASTE YOUR HONOR'S TIME. IF YOU
4 DON'T APPOINT A RECEIVER, THIS JUDGMENT IS NEVER GOING TO GET
5 ENFORCED, YOUR HONOR. WE'VE TRIED EVERYTHING. WE'VE TRIED
6 SENDING HIM A COPY OF THE JUDGMENT, SENDING HIM A COpy OF THE
7 SUMMARY JUDGMENT ORDER. WE TRIED CALLING THE REFEREE.
8 IF HE HAD A PROBLEM WITH THE REFEREE NOT HAVING
9 THE CONTRACT, WHY WOULDN'T HE JUST SHOW UP AND GIVE THE
10 REFEREE A COPY OF THE CONTRACT? MR. ZERNIK IS ELEVATING FORM
11 OVER SUBSTANCE. HE'S TRYING TO FIND TECHNICALITIES AND TR~ TO
12 GET OUT FROM THE JUDGMENT BEING ENFORCED AGAINST HIM ON
13 TECHNICALITIES.
11 ONE POINT, YOUR HONOR, MR. ZERNIK SAID THAT MY
15 DECLARATION HAS A COPY OF THE SCMMARY JUDGMENT ORDER INSTEAD
16 OF THE JUDGMENT. THAT IS CORRECT. I'LL AGREE WITH HIM ON
17 THAT. THE REASON IS I HAD NOT SEEN ~ COpy OF THE JUDGMENT. I
18 BELIEVED -- AND JUDGE CONNOR HAD TOLD ME ON THE RECORD WHEN I
19 SAID, "WE NEED A JUDGMENT ENTERED." SHE SAID, "I'M ENTERING
20 THE JUDGMENT" AND HER CLERK GAVE ME A COpy OF THE ORDER AND
21 SAID THAT THAT WAS THE JUDGMENT, BUT YOUR HONOR HAS A COPY OF
22 THE JUDGMENT, AND IT MIRRORS THE SUMMARY JUDGMENT ORDER. THE
23 SUMMARY JUDGMENT -- ORDER GRANTING SUMMARY JUDGMENT IS EXACTLY
24 THE SAME. THE ONLY THING THAT'S DIFFERENT IN THE JUDGMENT IS
25 THAT IT'S A LIT~LE BIT SHORTER.
26 THE COURT: MR. ZERNIK, YOU GET THE LAST WORD.
27 MR. ZERNIK: YEAH, I'M REA~LY CONFOUNDED BY EVERYTHING
28 ATTORNEY KESHAVARZI SAYS FROM BEGINNING TO THE END BECAUSE
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1 HE'S A LAWYER. I'M NOT. I START FROM THE END. HOW CAN YOU
4 NOT TO HIM.
11 THERE IS NO RELATIONSHIP.
12 FOR EXAMPLE, HE GAVE AN EXAMPLE OF ATTORNEYS
24 HAD SUCH CLAIM, HE SHOULD HAVE FILED IT. HE SHOULD HAVE FILED
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2 ORDER FOR HIS OWN APPOINTMENT, WHICH CAME BEFORE THE COURT IN
3 SOME KIND OF UNUSUAL LODGING MECHANISM BEFORE JUDGE GOODMAN
4 AND JuDGE GOODMAN DENIED IT. I DON'T KNOW WHY. I WAS FOR IT.
9 FROM THE COURT WITH THE ORDER APPOINTING HIM THE CORRECT
12 JUDGMENT? SO HOW DID YOU EXPECT TO EXECUTE IT? HOW COULD YOU
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APPEAL;
follows:
MINUTES ENTERED
Page 1 of 3 DEPT. WEO 11/21/07
COUNTY CLERK
MINUTES ENTERED
Page 2 of 3 DEPT. WEO 11/21/07
COUNTY CLERK
By:
N. Estrada, Clerk
DAVID J. PASTERNAK
RECEIVER
1875 CENTURY PARK EAST, SUITE 2200
LOS ANGELES, CA 90067
JOSEPH ZERNIK
IN PRO PER
320 S. PECK AVENUE
BEVERLY HILLS, CA 90212
MINUTES ENTERED
Page 3 of 3 DEPT. WEO 12/04/07
COUNTY CLERK
Receiver
Facsimile: 310.553.1540
41IE-Mail: djp@paslaw.com
10
28 II otlonU.doc
PASTERNAK [PROPOSED] ORDER ORDERING DEFENDANT JOSEPH ZERNICK AND ALL OTHER OCC~PANTS TO
PASTERNAK IM~EDIATELY VACATE THE RECEIVERSHIP REAL PROPERTY AND DIREC~I~G THE LOS ANGELES
&PATION COUNTY SHERIFF'S DEPARTMENT TO ENFORCE THAT ORDSR IN THE S~~E ~ANNER AS THEY
402 ATTACHMENTS
ENFORCE A WRIT & EXHIBITS
OF EXECUTION AFTER THE ISSUANCEp402/679
OF AN UNLAWFUL DETAINER JUDGMENT
~
711pleadings and others documents in the Court's file for this case;
811and all other and further oral and documentary evidence presented
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1911 DATED:
20 II
lr(zr/?1 Court Judge
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W:\'32JS\P:eadlngs\OrderReReceiver'sExparteM 2
28 II otlonE.doc
[PROPOSED] ORDER ORDERING DEFENDANT JOSEPH ZERN=CK AND ALL OTHER OCCUPANTS TO
=MMEDIATELY VACATE THE RECEIVERSHIP REAL PROPERTY AND DIRECTING THE LOS ANGELES
COUNTY SHERIFF'S JEPARTMENT TO ENFORCE THAT ORDER IN THE SN1E MANNER AS ToEY
403 ENFORCE A WRITATTACHMENTS & THE
OF EXECUTION AFTER EXHIBITS
ISSUANCEp403/679
OF AN CNLAWFUL DETAINER JUDGMENT
1 PROOF OF SERVICE
311 I am employed in the County of Los Angeles, State of California. 1 am over the age of
eighteen years and not a party to the within action; my business address is 1875 Century Park
15 "
0 BY FACSIMILE: At or before 5:00 p.m., I caused said document(s) to be transmitted by
facsimile. The telephone number of the sending facsimile machine was (310) 553-1540.
The name(s) and facsimile machine telephone number(s) of the person(s) served are set
16 forth in the service list. The document was transmitted bv facsimile transmission, and the
sending facsimile machine properly issued a transmission report continning that the
17 transmission was complete and without error.
21110 BY PERSONAL SERVICE: I delivered such envelope(s) by hand to the office of the
person( s) being served.
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0 BY PERSONAL SERVICE: I personally delivered such envelope(s) directly to the
person( s) being served.
2-4 II I dedare under penalty of perjury under the lavvs of the State of California that the
foregoing is true and correct.
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Executed on November 28, 2007, at Los Angeles, California.
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/
"
27 _/
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/""_>~./ l.···..: ,t·/ "\
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28 L. K. Snyder '-""'"
PASTERNAK.
PASTERNAK
&PAITON
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EXHIBIT 4,m
28
MINUTES ENTERED
Page 1 of 3 DEPT. WE X 12/07/07
COUNTY CLERK
MINUTES ENTERED
Page 2 of 3 DEPT. WE X 12/07/07
COUNTY CLERK
By:
N. Lee
MINUTES ENTERED
Page 3 of 3 DEPT. 00/00/00
COUNTY CLERK
MINUTES ENTERED
Page 1 of 1 DEPT. WE X 12/07/07
COUNTY CLERK
EVIDENCE
OF REAL ESTATE FRAUD
&
FRAUDULENT CONVEYANCE OF TITLE
by
DAVID PASTERNAK, PURPORTED “RECEIVER”
appointed by the
LA SUPERIOR COURT
In
ALLEGED SHAM LITIGATION OF
SAMAAN V ZERNIK (SC087400)