Human Rights Alert Digitally signed by

Joseph Zernik
PO Box 526, La Verne, CA 91750 DN: cn=Joseph Zernik,
o, ou,
Fax: 323.488.9697; Email: jz12345@earthlink.net email=jz12345@earthli
nk.net, c=US
Blog: http://human-rights-alert.blogspot.com/ Date: 2011.03.20
Scribd: http://www.scribd.com/Human_Rights_Alert 16:44:15 +02'00'

11-03-20 Lomas v Bank of America (KC059379) in the Superior Court of California,

County of Los Angeles - Bank of America continues racketeering in the
Courts
Attached:

# Date Record Page #

1 March 1, 2011 Case Summary 2
2 September 28, 2010 Minutes: Plaintiff’s Ex Parte Motion to Enjoin 5
3 September 30, 2010 Minutes: Plaintiff’s Ex Parte Motion to Stay Enforcement of Writ of 6
Possession
4 October 5, 2010 Minutes: Plaintiff’s Motion to Consolidate 7
5 October 25, 2010 Minutes: Defendant’s Ex Parte Application for an Order to Shorten 8
Time re: Motion to Set Aside Default
6 November 2, 2010 Minutes: Defendant’s Ex Parte Application for Further Order 9
Specially Setting Motion to Set Aside Default
7 December 16, 2010 Minutes: Defendant’s Motion to Set Aside Default 10
8 January 4, 2011 Minutes: Case Management Conference 11
9 February 4, 2011 Minutes: Case Management Conference 12

In Lomas v Bank of America (KC059379) Plaintiff Susan Lomas tries to protect her rights against alleged
fraud by Bank of America and others in foreclosure procedures. Review of the “Case Summary”, published
online by the Superior Court of California, County of Los Angeles, would lead a naïve reader to conclude
that a true litigation is underway, pursuant to the California law.
However, when asked to produce the Register of Actions (California civil docket), Ms Lomas reported that
the office of the Clerk of the Court repeatedly denied her requests in apparent violation of First Amendment
and Due Process rights.
When asked if she was noticed and served any minutes of the proceedings, Ms Lomas reported that none was
served and noticed, in apparent violation of Due Process rights.
When asked to produce copies of the minutes from the Court, Ms Lomas produced copies of minutes, which:
− Were missing the Certificate of Mailing/Notice of Entry by the Clerk, and therefore were invalid court
records, and
− Repeatedly included comments by Judge Peter J Meeka, “considered … off of the record”. (pages 5, 6,
8, 9)
 ---- ---

Los Angeles Superior Court - Civil Case Summary Page 1 of3

Case Summary

Case Number: KC059379

SUSANLOMASVSBANKOFAME~CA

Filing Date: 08/12/2010

Case Type: Quiet Title (General Jurisdiction)
Status: Pending

Future Hearings

03/23/2011 at 08:30 am in department 0 at 400 Civic Center Plaza, Pomona, CA

91766
Conference-Case Management (demurr)

Q.9J;JJments Filed I emc::~_~glngJ[1formflJion

Parties

ASDOURIAN MARK V. - Attorney for Defendant

BANK OF AMERICA - Defendant

LOMAS SUSAN - Plaintiff, & Plaintiff in Pro Per

LOMAS SUSAN (TRUSTEE OF MICHAEL A. - Trustee

Case Information I Party Information I Proceeding Information

Documents Filed (Filing dates listed in descending order)

02/14/2011 Statement-Case Management

Filed by Attorney for Plaintiff

02/14/2011 Demurrer
Filed by Attorney for Defendant

02/07/2011 Notice of Ruling

Filed by Attorney for Defendant

01/26/2011 Opposition (AMENDED)

Filed by Attorney for Plaintiff

01/26/2011 Rtn of Service of Summons & Compl (OPP )

Filed by Plaintiff

01/04/2011 Notice
Filed by Attorney for Defendant

http://courtnetiinterneticivilcasesummary/casesummary.asp?Referer=index 3/112011
 ---

Los Angeles Superior Court - Civil Case Summary Page 2 of3

11/24/2010 Proof of Service

Filed by Attorney for Defendant

11/02/2010 Miscellaneous-Other (REQUEST FOR JUDICIAL NOTICE)

Filed by Attorney for Defendant

11/02/2010 Miscellaneous-Other (POINTS AND AUTHORITIES)

Filed by Attorney for Defendant

11/02/2010 Ex-Parte Application (FOR FURTHER ORDER SPECIALLY SETTING

MOTION TO SET ASIDE DEFAULT)
Filed by Attorney for Defendant

10/25/2010 Ex-Parte Application (BANK OF AMERICA'S APPLICATION FOR AN

ORDER SHORTENING TIME FOR MOTION TO SET ASIDE DEFAULT)
Filed by Attorney for Defendant

10/25/2010 Order (SHORTENING TIME TO FILE MOTION TO SET ASIDE DEFAULT

AND TO QUASH SERVICE OF SUMMONS)
Filed by Attorney for Defendant

10/25/2010 Miscellaneous-Other (POINTS & AUTHORITIES)

Filed by Attorney for Defendant

10/25/2010 Miscellaneous-Other (REQUEST FOR JUDICIAL NOTICE)

Filed by Attorney for Defendant

10/07/2010 Default Entered (COURT JUDGMENT SENT TO DEPT 0 WITH FILE ON

10/12/10 Vacated and set aside per Court's Minute Order dated 2/4/11. )
Filed by Plaintiff, & Plaintiff in Pro Per

10/07/2010 Rtn of Service of Summons & Compl

Filed by Plaintiff, & Plaintiff in Pro Per

09/30/2010 Declaration (REGARDING NOTICE)

Filed by Plaintiff, & Plaintiff in Pro Per

09/30/2010 Miscellaneous-Other (Docket Case 09U01907 ordered filed by the

Court on 9/30/10 )
Filed by Clerk

09/30/2010 Proof of Service

Filed by Plaintiff, & Plaintiff in Pro Per

09/30/2010 Ex-Parte Application (EX PARTE MOTION TO STAY ENFORCE- MENT

OF WRIT OF POSSESSION ON UNLAWFUL DETAINER PROCEEDINGS; )
Filed by Plaintiff, & Plaintiff in Pro Per

09/28/2010 Ex-Parte Application (TO ENJOIN ENFORCEMENT OF WRIT OF

POSSESSION IN UNLAWFUL DETAINER PROCEEDINGS; )
Filed by Plaintiff, & Plaintiff in Pro Per

09/09/2010 Rtn of Service of Summons & Compl

http://courtnet/internetlcivilcasesurnrnary 1casesurnrnary. asp?Referer=index 311/2011

-- --- - - - - - - - - - - - -

Los Angeles Superior Court - Civil Case Summary Page 3 of3

Filed by Plaintiff, & Plaintiff in Pro Per

08/20/2010 Notice (RELATED 09U01907 NOTICE DOES NOT INDICATE COURT)

Filed by Attorney for Plaintiff

08/17/2010 Notice-Case Management Conference

Filed by Clerk

08/13/2010 Summons Issued

Filed by Plaintiff

08/13/2010 Notice (lis pendens)

Filed by Plaintiff

08/12/2010 Complaint Filed

Case Information I Party Information I Documents Filed

Proceedings Held (Proceeding dates listed in descending order)

02/04/2011 at 08:30 am in Department 0, Meeka, Peter J., Presiding

Motion Hearing (TO SET ASIDE DEFAULT;CASE MANGEMENT CONFERENCE) -
Motion Granted

01/04/2011 at 08:30 am in Department 0, Meeka, Peter J., Presiding

Conference-Case Management (to bill 10-12-10) - Matter continued

12/16/2010 at 08:30 am in Department 0, Meeka, Peter J., Presiding

Motion Hearing (set aside default) - Continued by Court

10/25/2010 at 09:00 am in Department 0, Meeka, Peter J., Presiding

Exparte proceeding - Motion Granted

09/30/2010 at 09:00 am in Department 0, Meeka, Peter J., Presiding

Exparte proceeding - Denied

09/28/2010 at 09:00 am in Department 0, Meeka, Peter J., Presiding

Exparte proceeding - Denied

Ca_~lolQIIlliltion I F:-®Y-JoiQrffi_C31LQI1 I pocuments Files:! I Proceeding Information

http://courtnetlintemetlcivilcasesummary1casesurnmary.asp?Referer=index 3/1/2011
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SUPERIOR COURT OF CALIFORNIA. COUNTY OF LOS ANGELES

)ATE: 09/28/10 DEPT. EA 0

"ONORABLE PETER J. MEEKA JUPGE R. ADAMS - CREGO D.EPUTY CLERK

HONORABLE JUDGE PRO TEM ELECTRONIC Jl.ECORDJ:NG MONITOR

10
L. M'GREENE, C.A. Deput)' S~erlff NONE Reporter

9:00 am KCOS9379 Plaintiff SUSAN LOMAS,

Counsel In propia Persona (Xl
SUSAN LOMAS
VS Ddcnd:mt
BAK OF AMERICA Counsel

08/12/10 AO

NATURE OF PROCEEDlNGS:

PLAINTIFF IN PRO PER'S EX PARTE MOTION TO ENJOIN

ENFORCEMENT OF WRIT OF POSSESSION ON UNLAWFUL
DETAINER PROCEEDINGS;

The ex parte application is read and considered

in chambers and off of the record, and the Court
DENIES the application as Plaintiff is unlikely
to prevail herein.
Plaintiff to give Notice.

Page 1 of MINUTES ENTERED

1 DEPT. EA 0 09/28/10
~aMV ~tRM(
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

DATE: 09/30/10 DEFT. EA 0

HONORABJ,E PETER J. MEEKA JUDGe R. ADAMS-CREGO DEPUTY CLERK

HONORABLE JUDGE PRO TEM llLECTRONlC MCOROlNG MONITOR

12
L. M'GREENE, C.A. DcplIty Sheri NONE

9:00 am KC059379 Plaintiff SUSAN LOMAS,

COUMeI In propia Persona (X)
SUSAN LOMAS
VS Dcft:nd3m
BAK OF AMERICA Counsel

08/12/10 AO

NATURE OF PROCEEDINGS:

PLAINTIFF IN PRO PER'S EX PARTE MOTION TO STAY

ENFORCEMENT OF WRIT OF POSSESSION ON UNLAWFUL
DETAINER PROCEEDINGS;

The ex parte application is read and considered

in chambers and off of the record; moreover, docket
from CourtNet of Unlawful Detainer case 09U01907
is also reviewed by the Court. Copy of said docket
is ordered filed by the court this date.
The Court DENIES the ex parte application. The
Plaintiff is unlikely to prevail herein. The
Unlawful Detainer is on appeal; therefore, the Court
cannot consolidate this action with the Unlawful
Detainer action.
It appears that the Motion to Vacate Unlawful
Detainer JUdgment was denied as of September 7, 2010.
On the Court's own motion, the Motion to Consolidate
set for hearing on October 5, 2010 is advanced to
this date and placed off calendar.
Plaintiff to give Notice.

MINUTES ENTERED
Page 1 of 1 DEPT. EA a 09/30/10
COUNTY CLERK
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

DATE: 10/05/10 DEPT. 0

HONORABLE Meeka, Peter J. JUDGE DEPUTY CLERK

HONORABLE JUDGE PRO TEM ELECTRONIC RECORDJNG MONTrOR

Deputy Sheriff Reporter

8 :30 am KC059379 Plaintiff

CC'lun~l

SUSAN LOMAS
VS Defend,nt
BANK OF AMERICA Coun,,1

08/12/10 AO

NATURE OF PROCEEDINGS:

MOTION OF PLAINTIFF, SUSAN LOMAS, TO CONSOLIDATE WITH

PENDING PROCEEDING AND STAY TRIAL OF UNLAWFUL
DETAINER;

MINUTES ENTERED
Page 1 of 1 DEPT. 0 10/05/10
COUNTY CLERK
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

DATE: 10/25/10 DEPT. EA 0

HONORABLE PETER J. MEEKA JUDGE R. ADAMS - CREGO DEPUTY CLERK

HONORABLE lUt>GE PRO TEM ELECTRONIC RECORDING MONITOR

11
L. M'GREENE, C.A. Deputy Sheri NONE Repmter

9:00 am KC059379 Plaintiff

Counsel
SUSAN LOMAS
VS Defend'nt
BANK OF AMERICA Cou",el JAMIE L. ACKERMAN (Xl
08/12/10 AO

NATURE OF PROCEEDINGS:

SPECIALLY-APPEARING DEFENDANT BANK OF AMERICA'S

EX PARTE APPLICATION FOR AN ORDER SHORTENING
TIME RE: MOTION TO SET ASIDE DEFAULT AND TO QUASH
SERVICE OF SUMMONS;

The ex parte application is read and considered in

chambers and off of the record, and the Court GRANTS
the ex parte application as follows:
Motion to Set Aside Default is set for hearing on
November 22, 2010, at 8:30 a.m., in this department.
Briefing schedule is as set forth in the ORDER
SHORTENING TIME TO FILE MOTION TO SET ASIDE DEFAULT
AND TO QUASH SERVICE OF SUMMONS signed and filed
herein this date. A copy of said Order is given to
counsel for moving party this date.
MOVing party to give Notice.

MINUTES ElNTERED
Page 1 of 1 DEPT. EA a 10/25/10
COUNTY CLERK
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SUPERIOR COURT OF CALIFORNIA. COUNTY OF lOS ANGELES

DATE: 11/02/10 DEPT. EA 0

liONORABLll PETER J. MEEKA JUDGE R • ADAMS - CREGO DEPUTY CLERK

ltONORABLE JUDGE PRO TEM IlLECTRONIC RECORDING MONITOR

11
L. M'GREENE, C.A. Deputy Sheriff NONE Reponer

9:00 am KC059379 Plaintiff

Counsel
SUSAN LOMAS
VS Defendant
BAl"lK OF AMERICA Coun,el JAMIE L. ACKERMAN (X)

08/J.2/10 AO

NATIJRE OF PROCEEDiNGS:

BANK OF AMERICA, EX REL. 'S EX PARTE APPLICATION FOR

FURTHER ORDER SPECIALLY SETTING MOTION TO SET ASIDE
DEFAULT;

The ex parte application is read and considered

in chambers and off of the record, and the
Court DENIES the ex parte application for lack
of an emergency.
Defendant may file a regularly-noticed law and
motion.
Today's ex parte MOOTS the ex parte setting of
November 22, 2010 hearing.
Moving party to give Notice.

M:INOTES ENTERED
Page 1 of 1 DEPT. EA 0 11/02/10
COUNTY CLERK
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF lOS ANGELES

)ATE: 12/16/10 DEPT. 0

30NORABLE PETER J. MEEKA JUDGE T. WILLS DEPUTY CLEJU<

flONORABt£ JUDGE PRO TEM ELECTRONIC RECORDING MONITOR

10
L. M'GREENE, C.A. DeplltySherirr S. BISHOP/#8354 Reporte,

8:30 am KC059379 Pl;tintiff

Coun!iel
SUSAN LOMAS
VS Defundant
J3ANK OF AMERICA Counsel MARK V. ASDOURIAN (Xl
08/12/10 AO

NATURE OF PROCEEDINGS:

MOTION OF DEFENDANT, BANK OF AMERICA, EX REL, TO SET

ASIDE DEFAULT i

Case called.
The court finds that proof of service is insufficient.
On Court's motion, Defendant's Motion to Set Aside
Default is continued to 02-04-11 at 8:30 a.m. in
Dept. EAO.
Counsel for Defendant to give notice.

MINUTES ENTERED
Page 1 of 1 DEPT. 0 12/16/10
COUNTY CLERK
 -.,'-. e3/e7/2e11
- -., 15:47 1ge95ge4en
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PAGE e7lw

SUPERIOR COURT OF CALIFORNIA, COUNTY OF lOS ANGELES

)ATE: 01/04/11 DEPT. 0

~ONORABLE PETER J. MEEKA NDGI! SANDRA MUNOZ DEPUTY CLERK

HONORABLE lUDGE PRO rEM ELEcrROr-~C RECORDING MONITOR

2
L. M'GREENE, C.A. Deputy Sheriff NOT REPORTED Reponer

8:30 am KC059379 P1.intiff

Counsel
SUSAN LOMAS
VS Defendant MARK V. ASDOURIAN
BANK OF AMERICA Counsel

08/12/10 AO
******NO LEGAL FILE******
NATURE OF PROCEEDINGS:

CASE MANAGEMENT CONFERENCE;

Plaintiff's husband represents to the Clerk that

Plaintiff is not present due to illness.
The matter is continued to February 4, 2011 at 8:30
a.m. in this department to coincide with the Motion
scheduled for that date.
Notice is deemed waived.

MINUTES ENTERED
Page 1 of 1 DEPT. 0 01/04/11
COUNTY CLERK
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

)ATE,02/04/11 D.EPl'. EA 0

HONORABLE PETER J. MEEKA JUDGE R. ADAMS - CREGO DEPUTY CLERK

HONORABJ.E JUDGE PRO TI.lM ELECTRONIC RECORDING MONITOR

2
L. M'GREENE, C.A. Deputy Shedir L. CORSON, CSR #713 5 Reporter

8:30 am KC059379 PlnJntiff SUSAN LOMAS,

Counsel In l?ropia Persona (X)
SUSAN LOMAS
VS Defendan,
BANK OF AMERICA Counsel MARK V. ASDOURIAN (X)

08/12/10 AO

NATURE OF PROCEEDINGS:
MOTION OF DEFENDANT, BANK OF AMERICA, EX REL, TO SET
ASIDE DEFAULT;
CASE MANAGEMENT CONFERENCE;

The matters are called for hearing, and the Court

rules as follows:
Defendant's Motion to Set Aside Default entered
herein on October 7, 2010 is GRANTED by the Court.
The Defendant has shown that the default was taken
as a result of inadvertence and/or excusable neglect.
The Defendant has further shown that Bank of America
failed to respond to the Complaint because Plaintiff
Susan Lomas was not the borrower on the loan in
question and therefore her name did not appear on
the loan. The loan was in the name of Michael
Heredia who is Susan Lomas' husband. Bank of America
had difficulty tracking the loan because the original
loan was with Michael Heredia.
The Court orders the Default entered against Bank
of America on October 7, 2010 VACATED forthwith.
Plai.ntiff's Evidentiary Objections are ruled upon
as follows:
The objection to the Declaration of Ms. Ackerman is

MINUTES ENTERED
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COUNTy CLERIC
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF lOS ANGELES

~ATE: 02/04/11 DEPT. EA 0

HONORABLI' PETER J. MEEKA )UDGE I< • ADAMS - CREGO DllPUTY CLBR\<

HONORABLB mOOE PRO TEM ELECTRONIC RECORDING MONITOR

2
L. M'GREENE, C.A. Peputy Silcri L. CORSON, CSR #7135 Repc;rrrer

8:30 am KC059379 Pla;ntiff SUSAN LOMAS,

Counoel In Propia Persona (X)
SUSAN LOMAS
VS Defend:\nt
BANK OF AMERICA Counsel MARK V. ASDOURIAN (X)
08/12/10 AO

NATURE OF PROCEEDINGS:

OVERRULED by the Court based upon relevancy, no

personal knowledge, speculation and lack of
foundation.
The objection to the Declaration of Mr. Spradling is
OVERRULED by the Court based upon relevancy, no
personal knowledge, speculation and lack of
foundation.
Defendant's Evidentiary Objections to Plaintiff's
late filed Opposition is DENIED. The Court has read
and considered Plaintiff's Opposition.
Defendant's Request for Judicial Notice is GRANTED
by the Court.
Hearing on Defendant's Demurrer is reserved for
March 23, 2011, at 8:30 a.m. in this department.
Case Management Conference is continued to
March 23, 2011, at 8:30 a.m., in this department.
Defendant to give Notice.

Page 2 of MDiOTES ENTERED

2
62)04)i1
COtlNTY CLERK
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031, C\

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