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: 2010.12.02
03:55:19 +02'00'
Scribd: http://www.scribd.com/Human_Rights_Alert

08-06-06 Zernik v Connor et al (08:2-cv-01550) at the US District Court, Central District of

California: Dkt #014 - Minutes issued on behalf of US Judge Virginia Phillips

Both Judge Virginia Phillips and Magistrate Carla Woehrle appeared under the caption, referenced above,
with no valid Assignment/Referral Order, respectively.
v. Invalid judicial records issued by unauthorized court personnel with invalid authentication records.
US Magistrate Carla Woehrle and US District Judge Virginia Phillips issued minutes, orders, and judgment –
all with invalid authentication records, relative to requirements defined in the Court’s General Order 08-02.
Both Magistrate Carla Woehrle and US District Judge Virginia Phillips were requested to file statements on
the record regarding conflicts of interests, if any, and financial benefits, if any, from Countrywide and/or Bank
of America. Both refused to file such statements, and both refused to remove themselves from the case.
The March 21, 2008 Minutes were issued in the name of US Judge Virginia Phillips by unauthorized
court personnel, Marva Dillard, listed as ‘Court Deputy’. The Minutes were signed in an invalid manner
‘__mc__, and the NEF, once discovered, was found missing the ‘electronic document stamp’.
In pertinent parts, Judge Virginia Phillips pretended to deny Plaintiff’s request for a Temporary
Restraining Order against California Judge Terry Friedman, who had been acting as Presiding Judge
under Samaan v Zernik (SC087400) with no Assignment Order:
For the foregoing reasons, the Court DENIES Plaintiff’s Application for a Temporary Restraining Order…

Judge Virginia Phillips also pretended to find:

On August 9, 2007, the Superior Court of California for the County of Los Angeles awarded summary judgment in favor of
Samaan and against Zernik, granting specific performance, i.e., the sale of the real property in dispute, to Samaan.’
[underlines added – jz].

The conduct of the Superior Court in the matter was later opined as ‘fraud being committed’ by Fraud Expert
James Wedick, and FBI-veteran, who had been decorated by US Congress, US Attorney General, and FBI
Director. The Superior Court in fact issued, but never entered any judgment in the matter, nevertheless
enforced its execution.
Motion was consequently filed with Judge Phillips, to re-issue the minutes stating that the Superior Court
‘entered summary judgment’ – instead of the ‘awarded summary judgment’.
The motion was denied.
US Judge Virginia Phillips also pretended to rule that Plaintiff in a Complaint pursuant to Deprivation of
Rights Under the Color of Law was required to exhaust the State of California Courts:
If Plaintiff is dissatisfied with the outcome of proceedings in the Superior Court, his proper remedy is to pursue his remedies through
the California Appellate Courts. As he has not exhausted his remedies in the state court, Plaintiff has not shown extraordinary
circumstances justifying federal intervention.

ATTACHED:
1) June 6, 2009 Minutes …………. p2
2) June 6, 2009 NEF of the Minutes …………. P5
 Case 2:08-cv-01550-VAP-CW Document 14 Filed 03/21/2008 Page 1 of 3

PRIORITY SEND
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES -- GENERAL

Case No. CV 08-1550-VAP (MAN) Date: March 21, 2008

Title: JOSEPH ZERNIK -v- JACQUELINE CONNOR, et al.

================================================================
PRESENT: HONORABLE VIRGINIA A. PHILLIPS, U.S. DISTRICT JUDGE

Marva Dillard None Present

Courtroom Deputy Court Reporter

ATTORNEYS PRESENT FOR ATTORNEYS PRESENT FOR

PLAINTIFFS: DEFENDANTS:

None None

PROCEEDINGS: MINUTE ORDER DENYING APPLICATION FOR

TEMPORARY RESTRAINING ORDER AND ORDER TO
SHOW CAUSE (IN CHAMBERS)

I. BACKGROUND
Plaintiff filed an Application for a Temporary Restraining Order and Order to
Show Cause on March 6, 2007 ("Application"). Defendant Pasternak filed an
Opposition (“Opp’n”) March 17, 2008. The other Defendants did not respond to the
Application. Plaintiff seeks an order (1) restraining Defendant Friedman from
proceeding with a March 7, 2008 hearing on a Motion to Show Cause against
Plaintiff in California Superior Court; (2) restraining Defendant Friedman from
ordering Plaintiff to pay sanctions; (3) restraining Defendants Friedman and
Pasternak from further expenditures of proceeds of the sale of Plaintiff’s house held

MINUTES FORM 11 Initials of Deputy Clerk ___md____

CIVIL -- GEN Page 1
 Case 2:08-cv-01550-VAP-CW Document 14 Filed 03/21/2008 Page 2 of 3

CV 08-1550-VAP (MAN)
JOSEPH ZERNIK v JACQUELINE CONNOR, et al.
MINUTE ORDER of March 21, 2008

by Pasternak as a receiver; (4) ordering Defendants Friedman and Pasternak to

release to Plaintiff all proceeds of the sale of Plaintiff’s house held by Pasternak as a
receiver; (5) ordering Defendant Friedman to show cause why he should not
immediately release a statement detailing his relationship with Defendant Samuels;
(6) ordering Defendants Friedman and Samuels to show cause why all Defendant
Connor’s actions in Samaan v. Zernik should not be vacated; and (7) ordering
Defendants Friedman and Rosenberg to show cause why Samaan v. Zernik should
not be ruled a mistrial and transferred to U.S. District Court.

Samaan v. Zernik involves a property dispute wherein plaintiff Samaan

("Samaan"), the buyer, sought to enforce a purchase agreement with defendant
Zernik for Zernik to sell certain real property to Samaan. On August 9, 2007, the
Superior Court of California for the County of Los Angeles awarded summary
judgment in favor of Samaan and against Zernik, granting specific performance, i.e.,
the sale of the real property in dispute, to Samaan. (See Opp’n at 2.) On November
9, 2007, the Superior Court appointed Defendant Pasternak as Receiver and
ordered him to take possession, custody and control of the real property in dispute
and to sell the property to Samaan pursuant to the award of summary judgment.
(See id. at 2-3.)

On February 15, 2008, the Superior Court sanctioned Plaintiff in the amount of
$16,170 for violations of a protective order and ordering Defendant Pasternak to pay
the sanctions from the receiver’s funds if Plaintiff failed to pay. (See id. at 3 n.2.) On
March 7, 2008, the Superior Court found Plaintiff in contempt of court and ordered
him to pay a fine of $7,500.

II. DISCUSSION
In seeking a preliminary injunction, a plaintiff meets its burden by
demonstrating either: (1) a combination of probable success on the merits and the
possibility of irreparable injury; or (2) that serious questions are raised and the
balance of hardships tips sharply in its favor. Save Our Sonoran, Inc. v. Flowers, 408
F.3d 1113, 1120 (9th Cir. 2005); see also Fed. R. Civ. P. 65. Having reviewed

MINUTES FORM 11 Initials of Deputy Clerk ___md____

CIVIL -- GEN Page 2
 Case 2:08-cv-01550-VAP-CW Document 14 Filed 03/21/2008 Page 3 of 3

CV 08-1550-VAP (MAN)
JOSEPH ZERNIK v JACQUELINE CONNOR, et al.
MINUTE ORDER of March 21, 2008

Plaintiff's submissions, it does not appear to the Court that a temporary restraining
order or an order to show cause is appropriate.

Absent extraordinary circumstances, federal courts may not enjoin or

otherwise interfere with pending state court proceedings on constitutional grounds.
Younger v. Harris, 401 U.S. 37, 49-53 (1971). Here, Plaintiff seeks to enjoin state
court proceedings on First, Fifth, and Fourteenth Amendment grounds. (See
Application at 5.) If Plaintiff is dissatisfied with the outcome of proceedings in the
Superior Court, his proper remedy is to pursue his remedies through the California
Appellate Courts. As he has not exhausted his remedies in the state court, Plaintiff
has not shown extraordinary circumstances justifying federal intervention.

Additionally, Plaintiff has not shown that he is likely to succeed on the merits.
Plaintiff’s request regarding the March 7, 2008 hearing is moot. His entire argument
for overturning Defendant Friedman’s orders rests on his assertion that Friedman
should be disqualified, yet Plaintiff provides no reason or authority for why
Friedman’s failure to disqualify himself affected his Constitutional rights. (See
Application, passim.) He does not provide any evidence that Freidman’s rulings were
incorrect or his judgment biased. Indeed, Plaintiff cites no authority for a civil rights
claim based on a failure to follow state procedural rules for self-recusal.

III. CONCLUSION
For the foregoing reasons, the Court DENIES Plaintiff’s Application for a
Temporary Restraining Order and Order to Show Cause.

IT IS SO ORDERED.

cc: Magistrate Judge Nagle

MINUTES FORM 11 Initials of Deputy Clerk ___md____

CIVIL -- GEN Page 3
 - California Central District - Display Receipt hltps:/lecf.cacd.circ9.dcn/cgi-binJDisplayReceipLpl?854429840025 ...

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To: ecfnef@cacd.us-courts.gov
Message- Id: c:S572335kacd.uscourts .gOY>
Jlee: ne(~acd.circ9.dcn
,JoSeph 2ernik
Z~1.5 Sa.int George Street
LOS Angeles CA 90021
US
Subject:Activity in Case 2;08-cv-01S50-VA.P-CW ...;oseph ~ernik v. Jacqueline Connor et. a.':" Minutes o~ tn Cha..mbers Order/Ob:I1Ctive - nc procccc.1:1g' hel
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UNITED STATES DISTRICT COlfRT. CBNTRAtJ DISTII:CT OF CALDFOR,NIA,

Not.ice o~ £O:lectl"onic Filing

The following transaction was entered on 3/25/2008 .10:25 Nr1 PO'! and filed
on J/21/200e

('ase Name: Joseph Zernik v. Jacqueline Connor et ai

Case Number: 2: ()8 -cv-155 0 he tps: / leef . cacd. UBCOUrt9 90;vnttpe: / / ec f . cacd. us-court.s, gov/cgi-bin/OktRpt. pl?40991 B

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Document Numbe.r: 11
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Dor.ket Text =
M::~lJT£S OF IN CHAMBERS ORDER held before Judge virgini'€l /4., Ph1.llips DENYING
p~.ainc.1.f£·s EX PARTS ~PPLlc.ATION for Tt:r.porary ReS~r41[l.1:J,9 Order and.
EX PARTE APPLICATION tor Order to Sho,"" Cause(S]. (mrgo)
2:08-cv-1SSO Notic(! has been electrOll,ically mailed to:,
John W Patton jwp~asla·",. COM

2:08-cV-1550 Rotice has been delivered by pirst Class: U. S. lIlail ox by

fax to:
Joseph Zertl ik
2c,15 Saint. George Street
LOS Mgeles CA 9002'1
US

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