08-03-07 samaan v zernik (sc087400) "non party" countrywide-attorney moldawsky (bryan cave, llp)...

8/9/2019 08-03-07 Samaan v Zernik (SC087400) "Non Party" Countrywide-Attorney Moldawsky (Bryan Cave, LLP) Extortioni

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"-1 II BRYAN CAVE LLP2 II John W. Amberg (CA State Bar No. 108166)]enna Moldawsky (CA State Bar No. 246109)

3 11 120 Broadway, Suite 300Santa Monica, California 90401-23864 II Telephone: 310-576-21005 Facsimile: 310-576-22006 Sanford Shatz (CA State Bar No. 127229)

Todd A. Boock (CA State Bar No. 181933)7 II 5220 Las Virgenes Road, MS: AC-118 II Calabasas, California 91302

Telephone: 818-871-60459 II Facsimile: 818-871-4669

SUPERIOR COURT OF THE STATE OF CALIFORNIA

10 II Attorneys for COUNTRYWIDE HOME LOANS, INC.1112

16 "NIVIE SAMAAN, et aI.,

19 "JOSEPH ZERNIK, et ai.

March 7, 20089:30 a.m.J (Hon. Terry B. Friedman)

Case No. SC087400NOTICE TO DEFENDANT JOSEPHZERNIK TO APPEAR ON MARCH 7,2008 AND SHOW CAUSEWHY HESHOULD NOT BE HELD INCONTEMPT OF COURT ANDSANCTIONED FOR VIOLATIONS OFTHE JULY 23, 2007 PROTECTIVEORDERDATE:TIME:DEPT:

Defendants.

Plaintiffs,vs.

FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT

PLEASE TAKE NOTICE that on March 7,2008 at 9:30 a.m., Defendant JosephZernik ("Zernik") is ordered to appear for a hearing and show cause why Zernik should be

TO THE PARTIES AND THEIR COUNSEL OF RECORD:

14

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202122232425262728

coeX)MO 00M o(I ) "E~

l l'll e mc00~ l'llCl'll(f )

SMO 1DOCS669382.2 NOTICE OF HEARING DATE

Digitally signed

by Joseph Zernik

DN: cn=Joseph

Zernik, o, ou,

email=jz12345@

earthlink.net,

c=US

Date: 2010.05.12

15:12:31 +03'00'


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'---1 II held in contempt of court and sanctioned for his violations of the Court'sJuly 23,20072 II protective order directing Zernik to communicate solely with Countrywide's designated3 II counsel and no other officers or employees regarding the present action. A true and correct4 II copy of the Court's signed order directing Zernik to show cause why he should not be held in5 II contempt and setting the contempt hearing for March 7, 2008 is attached hereto as Exhibit A.6 II DATED: February 19,2008789

1011


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EXHIBIT A


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23456

CONFORMED copyOF ORIGINAL FILEDLos Angcles Superior CourtFEB 1 9 Z008

John A. Clarke, Executive Officer/ClerkBy J. Citron, Deputy

789

SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF LOS ANGELES, WEST DISTRICT

1011 NIVIE SAMAAN, et aI., Case No. SC087400

March 7, 20089:30 a.m.J

~ R O P ~ D ] O R D E R T O S H O WCAUSE RE: CONTEMPT

DATE:TIME:DEPT:

Defendants.

Plaintiffs,

vs.12131415 JOSEPH ZERNIK, et al.161718192021222324

TO DEFENDANT JOSEPH ZERNIK:Countrywide Home Loans, Inc. ("Countrywide") having presented to this Court

25 sufficient grounds to initiate a contempt proceeding, you are ordered to appear on March 7,26 2008 at 9:30 a.m. in Department J of this Court located at 1725 Main Street, Santa Monica,27 California, 90401, to show cause why you should no t be held in contempt of this Court's28

SMO) DOCS669395.2 PROPOSED ORDER


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protective order, dated July 23, 2007 directing you to communicate solely with Countrywide's2 designated counsel and no other officers or employees regarding the present action.3 IT IS FURTHER ORDERED THAT:4 1. This Order to Show Cause shall be served on defendant by personal service or

15 Prepared and submitted by:16 BRYAN CAVELLP17 John W. Amberg (CA State Bar No. 108166)Jenna Moldawky (CA State Bar No. 246109)18 120 Broadway, Suite 300Santa Monica, California 90401-238619 Telephone: (310) 576-2100FacsJ.m.ile: (310) 576-2200

Hon. Terry . FnedmanJudge, Superior Court of California

and the time and place of the hearing no later than February 19,2008.Any opposit ion papers to the Order to Show Cause shall be filed and served onCountrywide no later than ~ ' lIJJ8 Any reply papers to theopposition shall be filed and served on DefendantJoseph Zernik no later than~ t 1 f J O g

in some other manner than ensures formal notification of the contempt charge

2.

14

567891011

1213 Dated tq /of

2021 Attorneys for Countrywjde Home Loans, Inc.22232425262728

SMO] DOCS669395.2 2PROPOSED ORDER


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PROOF OF SERVICEI am employed in the County ofLos Angeles, State ofCalifornia. I am over the age2 of 18 and not a party to the within action. My businesses address is 1655 BeverlyBoulevard3 Los Angeles, California 90026.

4 On February 19, 2008, I served the foregoing document, described as NOTICETO DEFENDANT JOSEPH ZERNIK TO APPEAR ON MARCH 7, 2008 AND5 SHOW CAUSE WI-fY HE SHOULD NOT BE HELD IN CONTEMPT OF COURTAND SANCTIONED FOR VIOLATIONS OF THE JULY 23, 2007 PROTECTIVE6 ORDER, on each interested party in this action by placing a true copy (or original) thereofin a sealed envelope addressed as follows:

16

Joseph Zemik, M.D.9675 Brighton WayBeverly Hills, CA 90210Phone: (310) 552-0505

Executed on February 19,2008, at Santa Monica, California.

Joseph Zernik2415 Saint George StreetLos Feliz, California 90027Telephone: (310) 435-9107Facsimile: (801) [email protected]

I declare under penalty of perjury under the laws of the state ofCalifornia that theforegoing is true and correct.15

1314

17 Signature1819 Print202122232425262728

SMO]DOCS669382.2 OTICE OF HEARING DATE

789101112 I delivered such envelopes by hand to the offices of each interested party at eachaddress shown above.


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PROOF OF SERVICE

Executed on February 19, 2008, at Santa Monica, California.I declare under penalty of perjury under the laws of the United States ofAmerica and the

State of California that the foregoing is true and correct.

I)avid J. PasternakPasternak, Pasternak & Patton, LLP1875 Century Park East, Suite 2200Los Angeles, California 90067-2523Telephone: 310-553-1500Facsllnile: [email protected]

(BY OVERNITE EXPRESS) I deposited in a box or other facility maintained byOvernite Express, an express carrier service, or delivered to a courier or driver authorized by saidexpress carrier service to receive documents, a true copy (or original) of the foregoing document, inan envelope designated by said express service carrier, with delivery fees paid or provided for.

o (BY MAIL) I placed a true copy of the foregoing document in a sealed envelopeaddressed to each interested party as set forth above. I placed each such envelope, with postagethereon fully prepaid, for collection and mailing at Bryan Cave LLP, Santa Monica, California. I amreadily familiar with Bryan Cave LLP's practice for collection and processing of correspondence formailing with the United States Postal Service. Under that practice, the correspondence would bedeposited in the United States Postal Service on that same day in the ordinary course of business.

Moe Keshavarzi, Esq.Sheppard Mullin Richter & Hampton, LLP333 South Hope Street, 48th FloorLos Angeles, CA 90071-1448Facsllnile: [email protected]

I am employed in the County of Los Angeles, State of California. I am over the age of 18 andnot a party to the within action. My business address is 120 Broadway, Suite 300, Santa Monica,California 90401-2305.

On February 19, 2008, I served the foregoing document(s), described as NOTICE TODEFENDANT JOSEPH ZERNIK TO APPEAR ON MARCH 7,2008 AND SHOWCAUSE WHY HE SHOULD NOT BE HELD IN CONTEMPT OF COURT ANDSANCTIONED FOR VIOLATIONS OF THE JULY 23,2007 PROTECTIVEORDER, on the interested party(s) in this action, as follows:Robert J. Shulkin, Esq.LegalI)eparttnentColdwell Banker Residential Brokerage Company11611 San Vicente Boulevard, 91h floorLos Angeles, CA 90049Facsllnile: [email protected]

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08-03-07 samaan v zernik (sc087400) "non party" countrywide-attorney moldawsky (bryan cave, llp)...

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