08-03-11 samaan v zernik (sc087400) extortionist judgment on motion for osc contempt by...

8/9/2019 08-03-11 Samaan v Zernik (SC087400) Extortionist Judgment on Motion for OSC Contempt by Coutnrywide-s

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

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By J. Citron, Deputy 7 '

MAR 1 1 ZOOtlJohnA. Clarke, Executive Officer/Clerk

SUPERIOR COURTWEST DISTRICTSANTA MONICA

RECEIVEDCONFORMED COpyOF ORIGINAL FILEDMAR 1 1 2006 Los Angeles SuperiorCourt

---1234567891011 NIVIE SAMAAN I Case No. SC08740012 Plaintiff, I - JUDGMENT RE:13 ' CONTEMPTvs.14 DATE: March 7, 200815 "JOSEPH ZERNIK, TIME: 9:30 a.m.DEPT: J16 " Defendant.

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18 On March 7, 2008 at 9:30 a.m. in Department J of the Los Angeles Superior Court,West District, located at 1725 Main Street, Santa Monica, California, 90401, proceedings were

19 II20 II held pursuant to the Court's February 15,2008 order that Defendant Joseph Zernik21 ("Zernik") appear and show cause why he should not be held in contempt of court. During

the proceedings, Countrywide Home Loans, Inc. ("Countrywide") presented evidence that22 II Zemik should be held in contempt of court for disobeying the Court's Protective Order,23 II dated July 23, 2007, directing Zernik to communicate solely with Countrywide's designated24 II counsel and no other officers or employees regarding the present action. John W. Amberg25 II and Jenna Moldawsky of Bryan Cave LLP appeared on behalf of Countrywide. Moe26 II27 II Keshavarzi of Sheppard Mullin Richter & Hampton LLP appeared on behalfof Plaintiff28 ivie Samaan. Robert J. Shulkin appeared telephonically on behalf of Cross-Defendant

SMOI DOCS672017.1 PROPOSED JUDGMENT

Digitally signed by

Joseph Zernik

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Zernik, o, ou,

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Date: 2010.05.12

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admitted the existence of the Protective Order;

in care of its attorneys, Bryan Cave LLP, unless Zernik obtains a Court Order in

his second violation. For each subsequent violation thereafter, he is fined an

communications with represented Countrywide officers and employees, Zernik

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additional $100. Zernik is fined $1,000 for the 11 th, 12th, and 13th violation,for a total of $7,500;

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7. The Court finds that Defendant Joseph Zernik is guilty of contempt pursuantto Code of Civil Procedure Section 1209(a) and is to pay a fine in the amount of$7,500 for thirteen (13) separate acts of contempt, pursuant to Code of CivilProcedure Section 1218(a). The fine is imposed on a graduated scale - Zernikis not fined for his initial violation of the Protective Order, but is fined $100 for

the interim blocking payment; and9. Countrywide shall pay its own attorneys' fees and costs associated with the

contempt proceeding.

8. The collection of the $7,500 fine is suspended subject to the followingconditions. The Protective Order remains in full force and effect during thependency of this lawsuit. I f DefendantJoseph Zernik further violates theProtective Order, upon five (5) days' written notice from Countrywide toZernik, the Receiver shall pay $7,500 from the Receiver's Fund to Countrywide

21 "Dated:20

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PROOF OF SERVICE

Executed on Marchll, 2008, at Santa Monica, California.

On March 11 2008, I served the foregoing document(s), described as JUDGMENT RE:CONTEMPT, on the interested party(s) in this action, as follows:

Robert J. Shulkin, Esq.Legal DepartmentColdwell Banker Residential Brokerage Company11611 San Vicente Boulevard, 9th floorLos Angeles, CA 90049Facsllnile: [email protected]

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

....... :

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

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

I declare under penalty of perjury under the laws of the United States ofAmericaand the State ofCalifornia that the foregoing is true and correct.

[8J (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.

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

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08-03-11 samaan v zernik (sc087400) extortionist judgment on motion for osc contempt by...

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