Friday, October 5, 2007

BEYOND FINANCIAL- COUNTRYWIDE AND THE COURT IN LA

BEYOND FINANCIAL- COUNTRYWIDE AND THE COURT IN LA
Below is a declaration (verified statement)that I filed today with the Supervising Judge of LA Superior Court, West District - Hon Judge Gerald Rosenberg, RE: Samaan v Zernik, SC087400:
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RE-ASSIGNMENTS
2. I was told by phone today that my case was transferred again. The following have been so far judges who held this case:
a. Judge Richard Neidorf - Recused per CCP section 170.6
b. Judge Jacqueline Connor -Disqualified per CCP section 170.3
c. Judge Allan J Goodman - Recused per CCP section 170.1
d. Judge Joseph Biderman - Recused per CCP Section ?
e. Judge John L Segal ? Newly assigned?
3. The transfer from Judge Neidorf to Judge Connor was fully documented by a Minute Order of the Supervising Judge duly authorized by law. Accordingly, in the space on the face page of filings, I noted: ?Assigned for all practical purposes to the Honorable Judge Jacqueline A Connor.?
4. Similarly, I noticed that Judge Connor listed under her name, in the upper left corner of each and every Minute Order, the name of Judge Neidorf, ?recused per CCP ?170.6?.
5. For the transfer from Judge Connor to Judge Goodman I could not find documentation by a Minute Order of the Supervising Judge, duly authorized by law to order such re-assignments. Therefore, I appealed Judge Goodman twice, in ex parte filings, to establish his authority as required by law. Absent such authority one cannot even consider Due Process Rights in the court.
6. Judge Goodman ignored my appeals. After that, accordingly, in the space on the face page of filings, I noted: ?Assigned by hearsay?.
7. Similarly, I noticed that Judge Goodman did not list under his name in Minute Orders, in the upper left corner of each and every Minute Order, the name of Judge Connor with CCP ?170.3, while he continued listing Judge Neidorf with CCP?170.6, as was done by Judge Connor before him.
8. Similarly, for the transfer from Judge Goodman to Judge Biderman I could not find documentation by a Minute Order of the Supervising Judge, duly authorized by law to order such re-assignments. Therefore, I appealed Judge Goodman in a verified statement, to establish his authority as required by law.
9. A reasonable person reviewing this case as a whole, may reasonably entertain the doubt, or even reasonably conclude, that there was a desire and an intent to avoid any documentation of the disqualification of Judge Connor per CCP ?170.3.
10. But that was done at the cost of undermining the authority of other judges presiding over the case!
11. I humbly request that Supervising Judge, the Honorable Gerald Rosenberg, duly authorized by law to make such re-assignments, issue a Minute Order to re-assign the case, if indeed Judge Biderman has recused himself.
12. I also request that the Minute Order spell out that the names and CCP sections by which previous judges were recused from this case be explicitly listed on Minute Orders from this day on.
ACCESS TO COURT FILE INFORMATION IN SUSTAIN
13. I have requested in previous complaints access to my court file information in Sustain, the court?s case management system. You responded that information in Sustain is privileged and allowed to court staff only.
14. With all due respect I beg to differ!
15. I hold that my Due Process Rights per the 14th Amendment forbid you from keeping any confidential court file about me. Such cannot be done in a court established under the Constitution of the United States.
16. You also held a short hearing last month, where you ordered me not to ask for it again. But you denied my request for a written order to that effect.
17. I again ask for access to Sustain data, or alternatively for a written order or ruling denying me such access, so that I may go in pro per for a writ of mandate.
18. Time is of the essence! I need the data in order to competently represent my case.

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