SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

DEPARTMENT WE X HON. LISA HART COLE, JUDGE

NIVIE SAMAAN, AN INDIVIDUAL,

PLAINTIFF,

VS.

JOSEPH ZERNIK, AN INDIVIDUAL, AND DOES 1

THROUGH 10, INCLUSIVE,

DEFENDANTS.

REPORTER'S TRANSCRIPT OF PROCEEDINGS

FRIDAY, DECEMBER 7, 2007

APPEARANCES:

FOR THE PLAINTIFF: SHEPPARD MULLIN RICHTER & HAMPTON

BY: MOE KESHAVARZI, ESQ.
(VIA COURT CALL)
1901 AVENUE OF THE STARS
SUITE 1600
LOS ANGELES, CALIFORNIA 90067
(310)228-3700

FOR DEFENDANT ZERNIK: JOSEPH ZERNIK

IN PROPRIA PERSONA

FOR THE RECEIVER: PASTERNAK, PASTERNAK & PATTON

BY: DAVID J. PASTERNAK, ESQ.
1875 CENTURY PARK EAST
SUITE 2200
LOS ANGELES, CALIFORNIA 90067
(310) 553-1500

ANGELA MAPP, CSR NO. 7824, CRR

OFFICIAL REPORTER
1. u 1

1 CASE NUMBER: SC087400

2 CASE NAME: SAMAAN V. ZERNIK

3 BEVERLY HILLS, CALIFORNIA FRIDAY, DECEMBER 7, 2007

4 DEPARTMENT X HON. LISA HART COLE, JUDGE

5 REPORTER: ANGELA MAPP, CSR NO. 7824

6 TIME: A.M. SESSION

8 APPEARANCES:

9 MOE KESHAVARZI, ATTORNEY AT LAW, FOR

10 PLAINTIFF NIVIE SAMAAN, APPEARING VIA COURT

11 CALLi DAVID PASTERNACK, ATTORNEY AT LAW,

12 FOR THE RECEIVER AND MOVING PARTYi JOSEPH

13 ZERNIK, THE DEFENDANT, PRESENT AND IN

14 PROPRIA PERSONA.

15

16 THE COURT: OKAY. SAMAAN VERSUS ZERNIK, SC087400.

17 MR. PASTERNACK: GOOD MORNING, YOUR HONOR. DAVID

18 PASTERNACK, RECEIVER, "MOVING PARTY.

19 MR. ZERNIK: GOOD MORNING, YOUR HONOR. I'M

20 DEFENDANT IN PRO PER, AND I'M HERE FOR THE RULING ON THE

21 PEREMPTORY CHALLENGE BEFORE ANY OTHER HEARING.

22 THE COURT: YES, I'M PREPARED TO RULE ON THAT. A

23 PEREMPTORY CH~LLENGE WAS FILED THIS MORNING. HOWEVER, IN

24 REVIEWING THE FILE, IT APPEARS THAT, ON JULY 12TH, 2007, A

25 170.3 MOTION WAS FILED AGAINST JUDGE CONNOR. IN THAT

26 MINUTE ORDER JUDGE CONNOR INDICATED THAT SHE DENIED THE

27 170.3 BUT DEEMED THAT-CHALLENGE TO BE A CHALLENGE PURSUANT

28 TO 170.6. AND THAT CHALLENGE WAS SO ACCEPTED, AND THE

 2
"-./

1 CASE WAS TRANSFERRED TO ANOTHER --

2 MR. ZERNIK: NO/ IF YOU READ CAREFULLY/ THE --

3 I MR. KESHAVARZI: YOUR HONOR/ JUST FOR THE RECORD/ I

4 WOULD LIKE TO STATE MY APPEARANCE. THIS IS MOE

5 KESHAVARZI/ COUNSEL FQR PLAINTIFF NIVIE SAMAAN. AND I

6 I APOLOGIZE FOR NOT BEING THERE IN PERSON/ YOUR HONOR.

7 I THE COURT: OKAY. MR. ZERNIK/ LET ME BE VERY CLEAR

8 I ABOUT ONE THING. WHEN I'M SPEAKING/ I DON'T EXPECT TO BE

9 INTERRUPTED. IS THAT CLEAR?

10 MR. ZERNIK: YES/ YOUR HONOR.

11 THE COURT: ALL RIGHT. AND SO ON THAT MINUTE ORDER

12 THE COURT DEEMED THE 170.3 TO BE A MOTION PURSUANT TO

13 1170.6/ AND IT WAS SO ACCEPTED/ AND THE CASE WAS

14 I TRANSFERRED TO ANOTHER COURT. AND THAT MINUTE ORDER IS

15 ONE THAT I'M $PECIFICALLY LOOKING AT.

16 THERE WAS AN APPEARANCE BY JAHAN JAOGOVAR/

17 WHO WAS SPECIALLY APPEARING ON BEHALF THE DEFENDANT ON

18 THAT DAY.

19 SO/ FOR THAT REASON/ THE COURT DEEMS THE

20 170.6 FILED THIS MORNING TO BE INVALID/ ONE HAVING ALREADY
21 BEEN EXERCISED.

22 YOU MAY BE HEARD/ SIR.

23 MR. ZERNIK: FIRST OF ALL/ I WOULD LIKE TO KNOW WHO

24 THIS GENTLEMAN IS.

25 THE COURT: YOU MAY BE HEARD ON THE 170.6/ SIR.

26 MR. ZERNIK: BUT INTRODUCTIONS DON'T COME BEFORE

27 THAT?

28 THE COURT: YOU MAY BE HEARD ON THE 170.6/ SIR.

 3

1 I MR. ZERNIK: OKAY. ON THE 170.6, IF YOU READ VERY

2 I CAREFULLY -- THAT MINUTE ORDER IS LENGTHY, I KNOW, FOR

3 JULY 12TH. IT'S A LITTLE BIT CONFUSING. BECAUSE WHAT

4 HAPPENED THERE FIRST, IN OPEN COURT, THE JUDGE, JUDGE

5 I CONNOR, SAID WHAT YOU JUST SAID NOW, THAT SHE DEEMS IT,

6 I FOR WHATEVER REASON -- ALTHOUGH, IT SAYS CLEARLY 170.3,

7 I SHE DEEMED IT 170.6. BUT, APPARENTLY, SHE CHANGED HER

8IMIND. AND EVENTUALLY,-- IF YOU LOOK AT THAT MINUTE ORDER,

9 I EVENTUALLY, AND ALSO IN THE SUSTAIN SHE RECUSED HERSELF ON

10 1170.3.C.2, I BELIEVE. BUT THE FINAL DECISION OF 170.3.C.2

11 IS A RECUSAL OF JUDGE IN RESPONSE TO 170.3. SHE CHANGED

12 HER MIND.

13 (THE JUDGE IS READING THE FILE.)

14 I MR. ZERNIK: AND, INDEED, THE BASIS --

15 I THE COURT: SIR, PLEASE DON'T INTERRUPT WHILE

16 YOU'RE ASKING ME TO READ SOMETHING. IS THAT ALL RIGHT?

17 MR. ZERNIK: YES, YOUR HONOR.

18 THE COURT: THANK YOU.

19 OKAY. YOU MAY BE CORRECT. LET'S HAVE A

20 SEAT. LET ME CHECK IT OUT.

21 MR. ZERNIK: YEAH. I MAY SUGGEST, YOUR HONOR --

22 THE COURT: HAVE A SEAT. I'M GOING TO CHECK IT

23 OUT.

24 MR. KESHAVARZI: YOUR HONOR, MAY I BE HEARD ON

25 THAT?

26 THE COURT: NO. THANK YOU.

27 .THE COURT WILL BE IN RECESS UNTIL I GET THE

28 NEW VOLUME.
 u
1 I (RECESS. )

2 THE COURT: ALL RIGHT. WE'LL GO BACK ON THE

3 RECORD.
4 'MR. ZERNIK, YOU ARE CORRECT, JUDGE CONNOR

5 ENDED UP RECUSING HERSELF. YOU DID NOT USE A 170.6.

6 MR. ZERNIK: THANK YOU.

7 THE COURT: SO YOU ARE CORRECT ABOUT THAT. SO YOU

8 STILL HAVE AN OPPORTUNITY TO FILE YOUR 170.6. AND I WILL

9 ACCEPT THIS 170.6.

10 MR. ZERNIK: THANK YOU VERY MUCH, YOUR HONOR.

11 THE COURT: YOU'VE BEEN REFERRED TO DEPARTMENT J

12 BACK IN SANTA MONICA. "

13 I MR. ZERNIK: . THANK YOU VERY MUCH, YOUR HONOR.

14 THE COURT: EXCUSE ME FOR ONE MOMENT. LET ME

15 FINISH, IF I MAY.

16 MR. ZERNIK: DID YOU --

17 THE COURT: MAY I FINISH, PLEASE?

18 MR. ZERNIK: YES.

19 THE COURT: THANK YOU, SIR.

20 THAT'S JUDGE FRIEDMAN. BECAUSE THIS IS AN

21 EX-PARTE APPLICATION, .I'M GOING TO ORDER THAT THE PARTIES

22 GO THERE FORTHWITH.

23 MR. PASTERNACK: THANK YOU, YOUR HONOR.

24 I THE COURT: ALL RIGHT. THANK YOU VERY MUCH.

25 MR. PASTERNACK: IT'S NICE TO SEE YOU, YOUR HONOR.

26 MR. ZERNIK: BUT

27 THE COURT: EXCUSE ME. MR. ZERNIK, JUST WAIT ONE

28 I MOMENT. WAIT. HOLD ON ONE SECOND. I WANT TO MAKE SURE

 u 5

;
1 THAT'S GOOD WITH THE JUDGE.

2 (A DISCUSSION WAS HELD BETWEEN THE

3 COURT AND CLERK WHICH WAS NOT

4 REPORTED. )

5 THE COURT: ALL RIGHT. VERY GOOD. I'LL REFER YOU

6 TO DEPARTMENT J, JUDGE FRIEDMAN. AND EITHER IF HE'S NOT

7 THERE, WHICH I UNDERSTAND --

8 EXCUSE ME, SIR.

9 -- WHICH I UNDERSTAND HE IS NOT, THEN A

10 JUDGE WHO'S COVERING HIS EX PARTES WILL TAKE CARE OF IT.

11 YES, SIR?

12 MR. ZERNIK: TWO COMMENTS THAT ARE CRITICAL. I

13 HAVE GREAT DIFFICULTY TO DO IT TODAY BECAUSE I HAD SOME

14 MEDICAL APPOINTMENT ALREADY SET BECAUSE I DID NOT THINK IT

15 WOULD GO UNTIL THE MIDDAY, NUMBER ONE. BUT NUMBER TWO IS

16 THAT I THINK IT IS IN VIOLATION OF COURT RULES TO DO AN EX

17 PARTE IN THE MIDDLE OF THE DAY. ALL EX PARTES IN THE WEST

18 SIDE DIVISION ARE DONE ALWAYS AT 8:30 SHARP.

19 IF I CAME AT 8:32, I WAS DENIED A HEARING ON

20 EX PARTE. SO TO START AN EX PARTE IN MIDDAY, I THINK IT

21 WOULD BE A VIOLATION OF COURT RULES.

22 THE COURT: THAT'S NOT CORRECT, SIR. THE EX PARTE

23 HAS TO BE FILED BY 8:30. THIS EX PARTE WAS TIMELY FILED.

24 MR. ZERNIK: IN THIS COURTHOUSE, BUT NOT IN THAT
25 COURTHOUSE.

26 THE COURT: THANK YOU VERY MUCH. THE OBJECTION IS

27 NOTED AND OVERRULED.

28 MR. PASTERNACK: THANK YOU, YOUR HONOR.

 6

i'

1 THE COURT: ALL RIGHT. PLAINTIFF TO GIVE NOTICE,

2 PLEASE. THANK YOU VERY MUCH.

3 THAT'S IT, SIR. THANK YOU.

4 MR. PASTERNACK: YOUR HONOR, CAN I JUST CONFIRM --

5 THE CLERK: FOR CLARIFICATION, THE CASE IS ASSIGNED

6 TO JUDGE FRIEDMAN, DEPARTMENT J, FOR ALL PURPOSES. BUT

7 THE EX PARTE FOR TODAY IS TRANSFERRED TO JUDGE COLLINS IN

8 DEPARTMENT B FOR TODAY'S EX PARTE. SHE WILL HANDLE THE EX

9 PARTE IN PLACE OF THE ASSIGNED JUDGE, FOR THE ALL-PURPOSE

10 JUDGE.

11 THE COURT: OKAY. SO YOU'RE ORDERED --

12 MR. ZERNIK: WHO ARE YOU BE GETTING IT FROM?

13 THE COURT: -- DEPARTMENT B.

14 EXCUSE ME, SIR. DEPARTMENT B.

15 MR. ZERNIK: BUT WHO'S THE SOURCE OF THIS

16 INFORMATION?

17 THE COURT: JUDGE COLLINS.

18 MR. ZERNIK: OKAY. WHAT IS HIS (SIC) TITLE?

19 MR. PASTERNACK: IF I CAN, CAN I JUST CONFIRM THAT

20 MR. KESHAVARZI IS STILL ON THE PHONE AND HEARD THIS?

21 THE COURT: MR. KESHAVARZI, ARE YOU STILL THERE?

22 . (NO RESPONSE FROM ANYONE ON COURT

23 CALL.)

24 THE COURT: NO, HE'S NOT.

25 MR. PASTERNACK: OKAY.

26 THE CLERK: CAN WE HAVE ONE OF THESE ATTORNEYS GIVE

27 NOTICE OF THE REASSIGNMENT?

28 THE COURT: THE PLAINTIFF IS GIVING NOTICE.

 7
\J

1 MR. PASTERNACK: SURE.

2 THE COURT: ACTUALLY, MR. PASTERNACK IS.

3 MR. PASTERNACK: I'LL GIVE NOTICE.

4 MR. ZERNIK: CAN I KNOW WHO'S THIS

5 THE COURT: SIR, PLEASE DON'T SPEAK TO MY CLERK

6 I WHEN 1 1 M ON THE RECORD.

7 MR. ZERNIX: SGRRY.

8 THE COURT: THAT'S IT, SIR. THANK YOU VERY MUCH.

9 I YOU'RE ORDERED TO DEPARTMENT B FORTHWITH.

10 MR. PASTERNACK: I WILL GIVE NOTICE.

11 THE COURT: THANK YOU, YOUR HONOR.

12 THEY'RE WAITING FOR YOU. THAT'S IT, SIR.

13 MR. ZERNIK: I WANT TO KNOW WHO IS THE SOURCE OF

14 I THE ORDER. IS IT YOU?

15 THE COURT: JUDGE COLLINS.

16 MR. ZERNIK: WijO IS JUDGE COLLINS?

17 THE COURT: SHE'S THE ACTING SUPERVISING JUDGE IN

18 SANTA MONICA.

19 MR. ZERNIK: DO YOU HAVE ANY WRITTEN COPY OF IT?

20 THE COURT: IT WILL BE. THAT'S IT, SIR. THANK

21 YOU.

22 MR. ZERNIK: OKAY.

23 THE COURT: THANK YOU, SIR.

24 MR. ZERNIK: THANK YOU VERY MUCH, YOUR HONOR.

25

26 . (THE RROCEEDINGS WERE CONCLUDED.)

27 ***
28
 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA

2 FOR THE COUNTY OF LOS ANGELES

3 I DEPARTMENT WE.X HON. LISA HART COLE, JUDGE

4 INIVIE SAMAAN, AN INDIVIDUAL,

5 I PLAINTIFF,

6 VS. NO. SC087400

7 I JOSEPH ZERNIK, AN INDIVIDUAL, AND DOES 1

THROUGH 10, I~CLUSIVE,
8
DEFENDANTS.
9

10

11 I I, ANGELA MAPP, OFFICIAL REPORTER OF THE

12 I SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY

13 IOF LOS ANGELES, DO HEREBY CERTIFY THAT THE FOREGOING

14 I PAGES, 1 THROUGH 7, INCLUSIVE, COMPRISE A FULL, TRUE AND

15 I CORRECT TRANSCRIPT OF THE TESTIMONY AND PROCEEDINGS HELD

16 I IN THE ABOVE-ENTITLED·MATTER ON DECEMBER 7, 2007.

17 I DATED THIS 3RD DAY OF MARCH, 2008.

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