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  • 08-07-15 Derwish V Darwish (SC060217) at The Los Angeles Superior Court - Register of Actions (California Civil Dockets) S

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    Human Rights Alert - NGO (RA)
    104 vizualizări13 pagini
    Executive Summary Los Angles, July 18 – complaint was filed with US Attorney Office, Central District of California, by Human Rights Alert (NGO) and Joseph Zernik, PhD, against John Segal – Judge, John A Clarke – Clerk, Attorney David Pasternak – former President of the Los Angles County Bar Association, and others of the Superior Court of California, County of Los Angeles, alleging public corruption and deprivation of rights relative to their conduct in Galdjie v Darwish (SC052737). The complaint named as co-conspirators all attorneys who appeared in the case, including, but not limited to Plaintiff’s Counsel Richard Green and Defendant’s Counsel Rhonda Walker. The complaint alleged that the named accused conspired to conduct pretense litigation, to employ the Court’s fraudulent case management system – Sustain - in generating fraudulent court records, and to take Defendant’s property – a 6-unit rental property in Santa Monica - under the color of law. The complaint further alleged that the case of Galdjie v Darwish, in and of itself, held sufficient evidence for prosecution of judges, clerks, attorneys, and the Los Angeles Superior Court itself for racketeering – conduct of an enterprise through a pattern of racketeering activity. The case proceeded from 1998 to 2006, by a group of judges, who presided with no Assignment Orders and with no authority at all, juggling the case back and forth among them. Judgments were falsely represented as entered, and a Receiver - David Pasternak - was falsely represented as appointed by the court. The minutes as registered in Sustain showed routine back-dating - at times by half a year or more, and also the “waiving” of notice and service and failure to have the minutes authenticated by the clerks. Therefore, all such records were alleged as void, not voidable. The Register of Actions (California civil docket) in Sustain showed the listing of numerous dates for jury trial, repeatedly continued. However, Defendant declared that her counsel had informed her at the onset of the litigation that the case would be heard by an ”Equity Court”. Therefore, she had been told that she would not be eligible for a jury trial at all. The Register of Actions also provided evidence of routine false registrations of numerous actions in the case. On May 13, 2002 the Register of Actions again listed jury trial in the case. However, Defendant declared that upon arriving at the Santa Monica Courthouse of the Superior Court of California, she was instructed to proceed to the Culver City Municipal Court. The Register of Actions noted that on the same afternoon a “Court Trial” was conducted by a judge who remained anonymous, listed in the Register only a “Muni-Judge”. However, Defendant declared that it was Judge John Segal, who acted with no authority at all. Attorney David Pasternak later acted as “Receiver” in the case. However, the hearing of a motion and the order for his appointment of receiver, were falsely registered. The Register of Actions also showed that no writ of execution was ever issued in the case. Regardless, David Pasternak took Defendant’s property, under the color of law, and conveyed it into possession of Plaintiff. However, no conveyance of title was ever found in searching the records of the Los Angeles County Registrar/ Recorder. The Register of Actions further showed that all court fees in the case, without exception, were listed as “Journal Entry”, whereas in other cases of the Court they were listed in the Registers as “Filing Fees”, “Motion Fees”, “Stipulation Fees”, etc. Presiding Judge Charles McCoy and Clerk of the Court John A Clarke refused to disclose the ultimate designation of the funds collected in the case. It should be noted that accountancy textbooks consider misuse of “Journal Entry” registration as a cardinal sign of high-level financial management fraud. Presiding Judge Charles McCoy and Clerk of the Court also denied access to the paper court file in the c

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    08-07-15 Derwish v Darwish (SC060217) at the Los Angeles Superior Court - Register of Actions (California Civil Dockets) s

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    Executive Summary Los Angles, July 18 – complaint was filed with US Attorney Office, Central District of California, by Human Rights Alert (NGO) and Joseph Zernik, PhD, against John Segal – Judge, John A Clarke – Clerk, Attorney David Pasternak – former President of the Los Angles County Bar Association, and others of the Superior Court of California, County of Los Angeles, alleging public corruption and deprivation of rights relative to their conduct in Galdjie v Darwish (SC052737). The complaint named as co-conspirators all attorneys who appeared in the case, including, but not limited to Plaintiff’s Counsel Richard Green and Defendant’s Counsel Rhonda Walker. The complaint alleged that the named accused conspired to conduct pretense litigation, to employ the Court’s fraudulent case management system – Sustain - in generating fraudulent court records, and to take Defendant’s property – a 6-unit rental property in Santa Monica - under the color of law. The complaint further alleged that the case of Galdjie v Darwish, in and of itself, held sufficient evidence for prosecution of judges, clerks, attorneys, and the Los Angeles Superior Court itself for racketeering – conduct of an enterprise through a pattern of racketeering activity. The case proceeded from 1998 to 2006, by a group of judges, who presided with no Assignment Orders and with no authority at all, juggling the case back and forth among them. Judgments were falsely represented as entered, and a Receiver - David Pasternak - was falsely represented as appointed by the court. The minutes as registered in Sustain showed routine back-dating - at times by half a year or more, and also the “waiving” of notice and service and failure to have the minutes authenticated by the clerks. Therefore, all such records were alleged as void, not voidable. The Register of Actions (California civil docket) in Sustain showed the listing of numerous dates for jury trial, repeatedly continued. However, Defendant declared that her counsel had informed her at the onset of the litigation that the case would be heard by an ”Equity Court”. Therefore, she had been told that she would not be eligible for a jury trial at all. The Register of Actions also provided evidence of routine false registrations of numerous actions in the case. On May 13, 2002 the Register of Actions again listed jury trial in the case. However, Defendant declared that upon arriving at the Santa Monica Courthouse of the Superior Court of California, she was instructed to proceed to the Culver City Municipal Court. The Register of Actions noted that on the same afternoon a “Court Trial” was conducted by a judge who remained anonymous, listed in the Register only a “Muni-Judge”. However, Defendant declared that it was Judge John Segal, who acted with no authority at all. Attorney David Pasternak later acted as “Receiver” in the case. However, the hearing of a motion and the order for his appointment of receiver, were falsely registered. The Register of Actions also showed that no writ of execution was ever issued in the case. Regardless, David Pasternak took Defendant’s property, under the color of law, and conveyed it into possession of Plaintiff. However, no conveyance of title was ever found in searching the records of the Los Angeles County Registrar/ Recorder. The Register of Actions further showed that all court fees in the case, without exception, were listed as “Journal Entry”, whereas in other cases of the Court they were listed in the Registers as “Filing Fees”, “Motion Fees”, “Stipulation Fees”, etc. Presiding Judge Charles McCoy and Clerk of the Court John A Clarke refused to disclose the ultimate designation of the funds collected in the case. It should be noted that accountancy textbooks consider misuse of “Journal Entry” registration as a cardinal sign of high-level financial management fraud. Presiding Judge Charles McCoy and Clerk of the Court also denied access to the paper court file in the c

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    08-07-15 Derwish V Darwish (SC060217) at The Los Angeles Superior Court - Register of Actions (California Civil Dockets) S

    Încărcat de

    Human Rights Alert - NGO (RA)
    Executive Summary Los Angles, July 18 – complaint was filed with US Attorney Office, Central District of California, by Human Rights Alert (NGO) and Joseph Zernik, PhD, against John Segal – Judge, John A Clarke – Clerk, Attorney David Pasternak – former President of the Los Angles County Bar Association, and others of the Superior Court of California, County of Los Angeles, alleging public corruption and deprivation of rights relative to their conduct in Galdjie v Darwish (SC052737). The complaint named as co-conspirators all attorneys who appeared in the case, including, but not limited to Plaintiff’s Counsel Richard Green and Defendant’s Counsel Rhonda Walker. The complaint alleged that the named accused conspired to conduct pretense litigation, to employ the Court’s fraudulent case management system – Sustain - in generating fraudulent court records, and to take Defendant’s property – a 6-unit rental property in Santa Monica - under the color of law. The complaint further alleged that the case of Galdjie v Darwish, in and of itself, held sufficient evidence for prosecution of judges, clerks, attorneys, and the Los Angeles Superior Court itself for racketeering – conduct of an enterprise through a pattern of racketeering activity. The case proceeded from 1998 to 2006, by a group of judges, who presided with no Assignment Orders and with no authority at all, juggling the case back and forth among them. Judgments were falsely represented as entered, and a Receiver - David Pasternak - was falsely represented as appointed by the court. The minutes as registered in Sustain showed routine back-dating - at times by half a year or more, and also the “waiving” of notice and service and failure to have the minutes authenticated by the clerks. Therefore, all such records were alleged as void, not voidable. The Register of Actions (California civil docket) in Sustain showed the listing of numerous dates for jury trial, repeatedly continued. However, Defendant declared that her counsel had informed her at the onset of the litigation that the case would be heard by an ”Equity Court”. Therefore, she had been told that she would not be eligible for a jury trial at all. The Register of Actions also provided evidence of routine false registrations of numerous actions in the case. On May 13, 2002 the Register of Actions again listed jury trial in the case. However, Defendant declared that upon arriving at the Santa Monica Courthouse of the Superior Court of California, she was instructed to proceed to the Culver City Municipal Court. The Register of Actions noted that on the same afternoon a “Court Trial” was conducted by a judge who remained anonymous, listed in the Register only a “Muni-Judge”. However, Defendant declared that it was Judge John Segal, who acted with no authority at all. Attorney David Pasternak later acted as “Receiver” in the case. However, the hearing of a motion and the order for his appointment of receiver, were falsely registered. The Register of Actions also showed that no writ of execution was ever issued in the case. Regardless, David Pasternak took Defendant’s property, under the color of law, and conveyed it into possession of Plaintiff. However, no conveyance of title was ever found in searching the records of the Los Angeles County Registrar/ Recorder. The Register of Actions further showed that all court fees in the case, without exception, were listed as “Journal Entry”, whereas in other cases of the Court they were listed in the Registers as “Filing Fees”, “Motion Fees”, “Stipulation Fees”, etc. Presiding Judge Charles McCoy and Clerk of the Court John A Clarke refused to disclose the ultimate designation of the funds collected in the case. It should be noted that accountancy textbooks consider misuse of “Journal Entry” registration as a cardinal sign of high-level financial management fraud. Presiding Judge Charles McCoy and Clerk of the Court also denied access to the paper court file in the c

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    din 13

    Digitally signed

    by Joseph Zernik
    Human Rights Alert DN: cn=Joseph
    Zernik, o, ou,
    PO Box 526, La Verne, CA 91750 email=jz12345@e
    Fax: 323.488.9697; Email: jz12345@earthlink.net arthlink.net, c=US
    Blog: http://human-rights-alert.blogspot.com/ Date: 2010.07.18
    22:10:44 +03'00'
    Scribd: http://www.scribd.com/Human_Rights_Alert

    08-07-15 Derwish v Darwish (SC060217) Register of Actions (California civil dockets)

    Highlights of the Register of Actions in Sustain, alleged as fraud:

    • P1: No contact information is listed for Defendant’s counsel, which is likely to show upon investigation
    that no notice was ever mailed out to Defendant’s counsel.
    • P1: The case is listed as disposed on March 9, 2000, through consolidation into another lead case.
    However, as shown below, actions were registered after the consolidation, which are alleged as fraud.
    Disposed: 03/09/00
    Disp Type: Consolidated with Lead Case
    • P1: All payments are listed as “Journal Entry” starting with the Filing Fee. It is therefore alleged that
    upon investigation it would be discovered that the case was designated as pretense litigation through
    collusion of judges and Plaintiff’s Counsel even prior to the filing of the complaint.
    01/21/00 Journal Entry
    Received - Civil Filing Fee
    $192.00
    • P2: Inappropriate use of “Journal Entry” is considered in accountancy textbooks as a cardinal sign of high
    level financial management fraud. The Presiding Judge and Clerk of the Court refuse to disclose the
    ultimate designation of funds collected in this case.
    • P2: No Initial Case Conference, as such, was ever registered in the case. No time frames were defined for
    the case either.
    • P6: The case is registered as disposed through consolidation
    03/09/00 Status Effective
    Consolidated-Other (not lead case)
    • P8-9: Registration of Demurrer in a disposed case, alleged as fraud by the court.
    05/04/00 Event
    Hearing on Demurrer
    Patricia L. Collins
    1::50 pm
    DEFENDANTS' DEMURRER TO FIRST AMENDED COMPLAINT;
    Matter is called for hearing and argued.
    05/04/00 Event Complete
    Hearing on Demurrer
    Demurrer sustained with leave
    S. Hughes / Reporter #7320
    CAS E HIS TOR Y REP 0 R T

    Santa Monica - West District


    Civil Division

    Case r\umber: ~3C060217 AMNON DERWISH VS DAVID DARWISH ET AL


    Filin~ Type: New Filing # Children
    Case Type Other Real Property Rights Case Filed 01/21/00
    Judge lvraster Calendar Age 48
    Disp Type Consolidated with Lead Case Disposed 03/09/00
    Disp f'/anr Before Trial - Date Not Assigned
    DERWIEH, AMNON

    Plaintiff(s) Defendant(s)
    V S
    Attorreys of Record: Attorneys of Record:
    Zelig & Mozer
    11661 SAN VICENTE BLVD.
    SUITE 1015
    LOS MGELES CA 90049
    310 442 6042
    Kudo & Daniels LLP
    12400 Wilshire Blvd
    Suite 400
    Los Ar.geles CA 90025-1023
    310 442 7900

    CAS E HIS TOR Y


    DatE Activity

    01/21/00 Case Filed


    New Filing MEMO
    Other Real Property Rights Case
    AMNON DERWISH
    VS
    DAVID DARWISH ET AL
    Consolidated into SC052737

    01/21/00 Journal Entry


    Received - Civil Filing Fee
    $192.00

    PAGE: 1 07/15/08 15:48:32


    CAS E HIS TOR Y REP 0 R T

    Santa Monica - West District


    Ci vi] Di vision

    [I Case :t\"umber=:=S=C=0=6=0=2=1=7======AM=N=O=N=D=E=R=W=I=S=H==V=S=D=A=V=I=D=D=A=R=W=I=S=H=E=T=A=L=======,-

    CAS E HIS TOR Y


    DatE Activity
    Other Pmnt
    01/21/00 Document Filed
    Complaint Filed

    01/21/00 Scheduled Event


    Sta~us Conference
    Alan B. Haber
    09/15/00 at 8:30 am
    01/27/00 Document Filed
    Fir:st Amended Complaint MEMO
    Attorney for Plaintiff
    FEE PAID BY KREITENBERG, MOZER &
    RILEY ATTY FOR PLTF
    Filed By Zelig & Mozer Attorney for Plaintiff
    On Beha]f cf DERWISH, AMNON Plaintiff
    01/27/00 ,]ournal Entry
    Received - Civil Filing Fee
    $75.00
    Other Pmnt
    Paid By Zelig & Mozer Attorney for Plaintiff
    On Beha]f cf DERWISH, AMNON Plaintiff
    02/07/00 Journal Entry
    Received - Fee, Adverse party
    $23.00
    Other Pmnt
    On Behalf cf 1319 YALE STREET TRUST, THE Defendant
    Paid By Gibbs & Walker Attorney for Defendant
    02/07/00 Document Filed
    Notice of Motion MEMO
    Attorney for Defendant
    MOTION TO EXPlmGE LIS PENDENS;

    PAGE: 2 07/15/08 15:48:32


    CAS E HIS TOR Y REP 0 R T

    Santa Monica - West District


    Civil Division

    II Case Kumber: ~=3C~0=6=0=2=1=7~~~~~~~N~0=N~D=E=R=W=I=S=H==V=S~=D=A=V=I=D~D=A=R=W=I=S=H~=E=T~A=L~~~~~~~


    CAS E HIS TOR Y
    DatE Activity
    On Behalf of 1319 YALE STREET TRUST, THE Defendant
    Filed By Gibbs & Walker Attorney for Defendant
    02/08/00 Scheduled Event
    Motion MEMO
    Patricia L. Collins
    02/L8/00 at 1:30 pm
    MOTION TO EXPUNGE LIS PENDENS;

    02/23/00 Document Filed


    Reply To Motion MEMO
    Attorney for Defendant
    - in support of motion to expunge
    lis pendens
    Filed By Gibbs & Walker Attorney for Defendant
    02/28/00 Event
    Motion MEMO
    Patricia L. Collins
    1:30 pm
    DEFENDANT THE 1319 YALE STREET TRUST'S MOTION TO
    EXPtJNDE LI S PENDENS, OR IN THE ALTERNATIVE, REQUIRE
    PLAINTIFF TO GIVE AN UNDERTAKING;

    Matter is called for hearing.


    Defendant 1319 Yale Street Trust's motion to expunge
    lis pendens or alternatively for order requiring
    Plaintiff to post undertaking is continued to
    March 9, 2000 at 1:30 p.m. in this department to
    allow moving party to file a reply to opposition.
    Notice waived.

    PAGE: 3 07/15/08 15:48:32


    CAS E HIS TOR Y REP 0 R T

    Santa Monica - West District


    civil Division

    [I Case 1\ umbe r: ~=3C=0=6=0=2=1=7=====AM=N=O=N=D=E=R=W=I=S=H==V=S==D=A=V=I=D=D=A=R=W=I=S=H==E=T=A=L=========,


    CAS E HIS TOR Y
    DatE Activity

    K. Call/Reporter

    02/28/00 Event Complete


    Motion MEMO
    Motion continued

    K. Call/Reporter

    02/29/00 Scheduled Event


    Motion
    Patricia L. Collins
    03/09/00 at 1:30 pm
    03/03/00 Document Filed
    Reply To Motion MEMO
    Attorney for Defendant
    - in support of its motion to
    expunge lis pendens
    Filed By Gibbs & Walker Attorney for Defendant
    03/08/00 Document Filed
    Declaration MEMO
    Attorney for Plaintiff
    in opposition to deft. The
    1319 Yale Street Trust's reply
    in support of its mot to expunge
    Filed By Zelig & Mozer Attorney for Plaintiff
    03/08/00 Document Filed
    Ntc of Change of Firm Name & Addr
    Attorney for Plaintiff
    Filed By Zelig & Mozer Attorney for Plaintiff

    PAGE: 4 07/15/08 15:48:32


    CAS E HIS TOR Y REP 0 R T

    Santa Monica - West District


    Civil Division

    [I Case Kumber=: =~3=C=O=6=O=2=1=7=====AM=N=O=N=D=E=R=W=I=S=H==V=S=D=A=V=I=D=D=A=R=W=I=S=H=E=T=A=L========::::!


    CAS E HIS TOR Y
    DatE Activity
    On Behalf of DERWISH, AMNON Plaintiff

    03/09/00 Event
    Motion MEMO
    Patricia L. Collins
    1::30 pm
    DEFENDANT THE 1319 YALE STREET TRUST'S MOTION TO
    EXPUNGE LIS PENDENS, OR IN THE ALTERNATIVE, REQUIRE
    PLAINTIFF TO GIVE AN UNDERTAKING;

    Matter is called for hearing and argued.

    Defendant 1319 Yale Street Trust's motion to expunge


    Lis Pendens is denied.

    No :3anctions.
    Moving party to give notice.

    K. Call/Reporter

    03/09/00 Event Complete


    Motion MEMO
    Motion denied

    K. Call/Reporter

    03/09/00 Case Cross Reference


    Consolidated for all Proceedings
    CV ,~ SC0 52 7 3 7
    03/09/00 Case Disposed
    Consolidated with Lead Case MEMO
    Before Trial - Date Not Assigned
    48 Days

    AMNON DERWISH

    PAGE: 5 07/15/08 15:48:32


    CAS E HIS TOR Y REP 0 R T

    Santa Monica - West District


    Civil Division

    II Case Kumber: !=3C~0=6=0=2=1=7~~~~~=~~N=O=N~=D=E=R=W=I=S=H===V=S~D=A=V=I=D~=D=A=R=W=I=S=H~E~T~A=L~~~~~~~


    CAS E HIS TOR Y
    Date Activity
    VS
    DAVID DARWISH ET AL
    Consolidated into SC052737

    03/09/00 Status Effective


    Consolidated-Other (not lead case)

    03/09/00 Event Complete


    Status Conference
    Advanced to this date & Vacated
    04/05/00 Journal Entry
    Received - Fee, Adverse party
    $23.00
    Other Pmnt
    On Behalf of DARWISH, DAVID Defendant
    On Behalf of KPAMAR-DARWISH, BARBARA Defendant
    On Behalf of BARBARA KRAMAR DARWISH & DAVID DARWIS,T Defendant
    On Behalf of 1319 YALE STREET TRUST, THE Defendant
    On Behalf of GINGKO ROSE, LP Defendant
    On Behalf of LOGERM LLC Defendant
    Paid By Gibbs & Walker Attorney for Defendant
    04/05/00 Journal Entry
    Received - Fee, Adverse party
    !?1,134.00
    Other Pmnt
    On Behalf of DARWISH, DAVID Defendant
    On Behalf of KRAMAR-DARWISH, BARBARA Defendant
    On Behalf of BARBARA KRAMAR DARWISH & DAVID DARWIS,T Defendant
    On Behalf of 1319 YALE STREET TRUST, THE Defendant
    On Behalf of GINGKO ROSE, LP Defendant
    On Behalf of LOGERM LLC Defendant
    Paid By Gibbs & Walker Attorney for Defendant
    04/05/00 Document Filed
    Deml~rrer
    Atcorney for Defendant

    PAGE: 6 07/15/08 15:48:32


    CAS E HIS TOR Y REP 0 R T

    Santa Monica - West District


    Civil Division

    II Case Number: ~=;C~0=6=0=2=1=7~~~~~=~~N=O=N~=D=E=R=W=I=S=H==V~S~D=A=V=I=D~D~A=R=W=I=S=H~E=T~=A=L~~~~~~


    CAS E HIS TOR Y
    DatE Activity
    On Behalf of DARWISH, DAVID Defendant
    On Behalf of KRAMAR-DARWISH, BARBARA Defendant
    On Behalf of BARBARA KRAMAR DARWISH & DAVID DARWIS,T Defendant
    On Behalf of 1:319 YALE STREET TRUST, THE Defendant
    On Behalf of GINGKO ROSE, LP Defendant
    On Behalf of LOGERM LLC Defendant
    Filed By Gibbs & Walker Attorney for Defendant
    04/06/00 Scheduled Event
    Hearing on Demurrer
    Patricia L. Collins
    05/04/00 at 1:30 pm
    04/06/00 Document Filed
    Ntc and Acknowledgement of Receipt
    Atty for Defendant and Cross-CampI
    On Behalf of DERWISH, AMNON Plaintiff
    Party SErved n;~RWISH, DAVID Defendant
    Party Served KRAMAR-DARWISH, BARBARA Defendant
    Filed By Mozer, Pamela A. Atty for Defendant and Cr
    04/06/00 Document Filed
    Ntc and Acknowledgement of Receipt
    Atty for Defendant and Cross-Compl
    Filed By Zelig & Mozer Attorney for Plaintiff
    On Behalf cf DERWISH, ~NON Plaintiff
    Party Served GINGKO ROSE, LP Defendant
    04/06/00 Document Filed
    Ntc and Acknowledgement of Receip~
    Atty for Defendant and Cross-CampI
    On Behalf cf DERWISH, ~NON Plaintiff
    Party Served LOGERM LLC Defendant
    Filed B}' Mozer, Pamela A. Atty for Defendant and Cr
    04/06/00 Document Filed
    Ntc and Acknowledgement of Receipt
    Atty for Defendant and Cross-CampI
    On Behalf of DERWISH, ~NON Plaintiff

    PAGE: 7 07/15/08 15:48:32


    CAS E HIS TOR Y REP 0 R T

    Santa Monica - West District


    Ci vil Di vision

    II Case Kumber: !=~C=O=6~02~1=7~~~~~~~N=O=N~D=E=R=W=I=S=H==V=S~D=A=V~ID~D=A~R=W=I=S=H~E=T~A=L~~~~~~


    CAS E HIS TOR Y
    DatE Activity
    Party SErved DARWISH, DAVID Defendant
    Filed By Mozer, Pamela A. Atty for Defendant and Cr
    04/06/00 Document Filed
    Ntc and Acknowledgement of Receipt
    Atty for Defendant and Cross-Compl
    On Behalf of DERWISH, ~NON Plaintiff
    Party Served KJ?AMAR-DARWISH, BARBARA Defendant
    Filed By Mozer, Pamela A. Atty for Defendant and Cr
    04/28/00 Document Filed
    Reply To Motion MEMO
    Attorney for Defendant
    - i~ support of demurrer
    Filed By Gibbs & Walker Attorney for Defendant
    05/04/00 Event
    Hearing on Demurrer MEMO
    Patricia L. Collins
    1::50 pm
    DEFENDANTS' DEMURRER TO FIRST AMENDED COMPLAINT;

    Matter 1S called for hearing and argued.


    Demurrer to First Amended Complaint is sustained with
    20 days leave to amend as to the allegations against
    defendant Darwishes in the First cause of action for
    breach of contract on grounds the complaint fails to
    allege whether the contract is oral or written; as to
    the Third cause of action for fraud on grounds it
    lacks specificity as to who said what when to whom and
    where as well as detrimental reliance on the alleged
    misrepresentations; as to the Eig~th cause of action
    for conversion on grounds the co~~laint fails to
    allege a sum certain which defendants have converted
    over which plaintiff has the right to possession;
    the Ninth cause of action for constructive trust;
    Tenth and Eleventh causes of action for money and

    PAGE: 8 07/15/08 15:48:32


    CAS E HIS TOR Y REP 0 R T

    Santa Monica - West District


    Civil Division

    ~ Case Kumber: l=3C=0=6=0=2=1=7=====~==N=O=N=D=E=R=W=I=S=H==V=S==D=A=V=I=D=D=A=R=W=I=S=H==E=T=A=L=====~~


    CAS E HIS TOR Y
    DatE Activity
    common count on grounds the complaint fails to allege
    a sum certain and how defendants are indebted to
    plaintiff; and Thirteenth cause of action if it can
    be alleged there is a non-privileged condition. The
    demurrer is sustained without leave to amend as to
    the Defendants Darwishes as to the Fourteenth cause
    of action on grounds the complaint fails to allege
    faces sufficient to constitute a cause of action.
    The demurrer as to the Darwishes is otherwise
    overruled.
    Demurrer to First Amended Complaint is sustained
    with 20 days leave to amend as to the Ninth cause
    of action and sustained without leave to amend
    as ~o the remaining causes of action against
    Defendants Trust, Ginko Rose and Logerm, LLC. for
    failure to state any facts as to these defendants
    to constitute a cause of action.
    As to the First and Second causes of action, the
    plaintiffs are allowed to amend to name the living
    tru:st.
    Notice waived.
    S. Hughes / Reporter #7320

    05/04/00 Event Complete


    Hearing on Demurrer MEMO
    Demurrer sustained with leave
    S. ~ughes / Reporter #7320

    OS/25/00 Document Filed


    Second Amended Complaint MEMO
    Attorney for Plaintiff
    ~EE PAID BY ZELIG & MOZER ATTY
    FOR PLTF

    PAGE: 9 07/15/08 15:48:32


    CAS E HIS TOR Y REP 0 R T

    Santa Monica - West District


    Civil Division

    II Case Kumber: 1=;C~0=6=0=2=1=7~~~~~~~=N=O=N~D=E=R=W=I=S=H==V~S~D=A=V=I=D~D=A=R=W=I=S=H~=E=T~A=L~~~~~~


    CAS E HIS TOR Y
    Date Activity

    Filed By· Zelig & Mozer Attorney for Plaintiff


    On Behalf of DERWISH, ~NON Plaintiff
    OS/25/00 Journal Entry
    Received - clvil Filing Fee
    $75.00
    Other Pmnt
    Paid By Zelig & Mozer Attorney for Plaintiff
    On Behalf of DERWISH, ~NON Plaintiff
    07/26/00 Document Filed
    Request for Judicial Notice
    Attorney for Defendant
    08/31/00 Document Filed
    Answer to Second Amended Complaint
    Attorney for Defendant
    On Behalf of DARWISH, DAVID Defendant
    On Behalf of KRAMAR-DARWISH, BARBARA Defendant
    On Behalf of BARBARA KRAMAR DARWISH & DAVID DARWIS,T Defendant
    On Behalf of 1319 YALE STREET TRUST, THE Defendant
    On Behalf of GINGKO ROSE, LP Defendant
    On Behalf of LOGERM LLC Defendant
    Filed By Gibbs & Walker Attorney for Defendant
    09/15/00 Event
    Stacus Conference
    Alan B. Haber
    8:30 am
    OS/24/02 Document Filed
    Notice of Lien MEMO
    Attorney for Claimant
    LIEN CLAIMANT: ADINA STERN
    (FORMERLY ADINA DERWISH)

    09/25/02 Document Filed


    Request for Dismissal MEMO

    PAGE: 10 07/15/08 15:48:32


    CAS E HIS TOR Y REP 0 R T

    Santa Monica - West District


    Civil Division

    II Case Kumber: :=3C~0=6=0=2=1=7~~~~~~~=N=O=N~D=E=R=W=I=S=H==V~S~D=A=V=I=D~D=A=R=W~I=S~H=E=T~A=L~~~~~~


    CAS E HIS TOR Y
    DatE Activity
    Attorney for Plaintiff
    W/PREJUDICEi ENTIRE ACTION
    On Behalf of DERWISH, ~NON Plaintiff
    Filed By Kudo & Daniels LLP Attorney for Plaintiff
    10/08/02 Document Filed
    Substitution of Attorney MEMO
    Attorney for Defendant
    LOGERM LLP
    On Behalf of LOGERM LLC Defendant
    Filed By Ezer, Williamson & Brown Attorney for Defendant
    10/08/02 Document Filed
    Substitution of Attorney MEMO
    Attorney for Defendant
    1319 YALE STREET TRUST
    On Behalf of 1319 YALE STREET TRUST, THE Defendant
    Filed By Ezer, Williamson & Brown Attorney for Defendant
    10/08/02 Document Filed
    Substitution of Attorney MEMO
    Attorney for Defendant
    GINKO ROSE L.P.
    On Behalf of GINGKO ROSE, LP Defendant
    Filed By Ezer, Williamson & Brown Attorney for Defendant
    10/08/02 Document Filed
    Substitution of Attorney MEMO
    Attorney for Defendant
    BARBARA AND DAVID DARWISH

    PAGE: 11 07/15/08 15:48:32


    CAS E HIS TOR Y REP 0 R T

    Santa Monica - West District


    Civil Division

    ~ Case Kumber: :=3C=0=6=0=2=1=7======~=N=O=N==D=E=R=W=I=S=H===V=S=D=A=V=I=D==D=A=R=W=I=S=H=E=T=A=L======~


    CAS E HIS TOR Y
    DatE Activity

    On Behalf of DARWISH, DAVID Defendant


    On Behalf of KRAMAR-DARWISH, BARBARA Defendant
    Filed By Ezer, Williamson & Brown Attorney for Defendant

    10/08/02 Document Filed


    Substitution of Attorney MEMO
    Attorney for Defendant

    BARBARA KRAMAR-DARWISH AND DAVID


    DARWISH REVOCABLE LIVING TRUST

    On Behalf of BARBARA KRAMAR DARWISH & DAVID IJARWIS,T Defendant


    Filed By Ezer, Williamson & Brown Attorney for Defendant

    PAGE: 12 07/15/08 15:48:32

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