Various dubious records were filed by an unauthorized attorney as "Request[s] for Judicial Notice" as part of pretense Demurrer proceeding
In Lomas v Bank of America (KC059379) Plaintiff Susan Lomas tries to protect her rights through a Quiet Title action against alleged fraud by Bank of America and others in foreclosure procedures.
A pattern of false and deliberately misleading court records is found in the case, presided by California Judge PETER J MEEKA, Clerk of the Court JOHN A CLARKE: [i,ii,iii]
* Minutes were not certified by the Clerk of the Court;
* Minutes were not noticed and served;
* Minutes repeatedly included statements that proceedings were conducted "off of the record", and
* Plaintiff continues to be denied access to the Register of Actions (California civil docket) in the case.
The case as a whole is opined as Fraud on the Court through collusion of California Judge PETER J MEEKA, Clerk of the Court JOHN A CLARKE, BANK OF AMERICA CORPORATION, and Attorney MARK V ASDOURIAN.
Fraud in the courts across the United States in foreclosure procedures has been recorded in numerous reports:
* In January 2008 the collapse of Countrywide Financial Corporation (today a subsidiary of Bank of America Corporation) followed the publication of a report by the New York Times regarding the filing of "Recreated Letters" as evidence in the US Bankruptcy Court in Pennsylvania.
* In March 2008 the Hon Jeff Bohm entered a Memorandum Opinion in the US Bankruptcy Court in Texas, referring to a year long study of the litigation practices of Countrywide in courts across the United States and documenting various litigation fraud methods employed by the bank and its attorneys, which were summarized as "disregard for the professional and ethical obligations of the legal profession and judicial system". (p8)
# Date Record Page #
1.February 11, 2011Request for Judicial Notice in Support of Bank of America's Demurrer - page 5
2.March 16, 2011Supplement Request for Judicial Notice in Support of Bank of America's Demurrer - page 49
The records are provided as received from Plaintiff Susan Lomas, on whom they were served.
B. General Notes on Records Filed as Part of "Request[s] for Judicial Notice"
* The records were filed by the office of Attorney Mark V Asdourian. His declaration as Attorney of Record for the Defendant Bank of America in the case of Lomas v Bank of America (KC059379) is overdue. Therefore his authority to file any record on behalf of Bank of America under this caption is questionable. It is likely that he is appearing with no authority at all, as attorney, who is not Attorney of Record, with "no communications with client clause", as documented elsewhere.
* The records were filed as "Request[s] for Judicial Notice", which is an inappropriate use of Judicial Notice. Judicial Notice is reserved for facts that are universally established, or "reasonably indisputable accuracy", not for filing disputable records as evidence. Therefore, the filings as a whole are invalid and should never have been admitted.
* There is no declaration as part of the filing by the filer Attorney Jamie Ackerman - that would provide the foundation and authentication for the records, as admissible evidence.
* Attorney Jamie Ackerman is not a Competent Fact Witness in this case, therefore, even had she filed a declaration, it should have been deemed inadmissible evidence, and the Demurrer as a whole an insufficient pleading.
* There is no declaration as part of the filing by any officer of the Defendant Bank of America, which would have been a Competent Fact Witness in this case.
* The records were not certified.
* The records as a whole support the notion that Attorney Mark Asdourian and Attorney Jamie Ackerman were appearing with no authority at all.
* Judge Meeka pretended to take judicial notice of another case - Heredia v Brentwood Real Estate Group (KC057540) in LA Superior Court - when in fact, no valid court record was provided from that case.
* The fact that Judge Meeka accepted the records in the Request for Judicial Notice and took judicial notice of a case where no records were provided, support the notion that he was conducting a pretense litigation, as is the fact that the March 23, 2011 Minutes of the purported Demurrer proceeding were never certified by a Deputy Clerk of the Court and never noticed or served on Plaintiff Lomas.
 11-04-06 Lomas v Bank of America (KC059379) "Request[s] for Judicial Notice"- Additional Evidence of Fraud on the Court in Foreclosure Procedure s http://www.scribd.com/doc/52420585/
 11-03-20 PRESS RELEASE Lomas v Bank of America (KC059379) Bank of America Continues Racketeering in the Los Angeles Superior Court http://www.scribd.com/doc/51160102/
 11-03-20 Lomas v Bank of America (KC059379) in the Superior Court of California County of Los Angeles online "Case Summary" and Minutes http://www.scribd.com/doc/51157264/
 11-04-05 Lomas v Bank of America (KC059379) in the Superior Court of California, County of Los Angeles - Fraud on the Court in a Quiet Title Action http://www.scribd.com/doc/52336989/
 View the full record at:
11-04-06 Lomas v Bank of America (KC059379) "Request[s] for Judicial Notice"- Additional Evidence of Fraud on the Court in Foreclosure Procedure s http://www.scribd.com/doc/52420585/
Joseph Zernik, PhD
Human Rights Alert (NGO)
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.
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WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
* "...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences." http://www.scribd.com/doc/50753639/
Prof Paul Krugman, MIT (2011)
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
* "...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001) http://www.scribd.com/doc/29043589/
* "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."
Prof Erwin Chemerinsky, Dean, Irvine Law School (2001) http://www.scribd.com/doc/27433920/
* "Innocent people remain in prison"
* "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."
LAPD Blue Ribbon Review Panel Report (2006) http://www.scribd.com/doc/24902306/
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
* "...corruption of the courts and the legal profession and discrimination by law enforcement in California."
United Nations Human Rights Council Staff Report (2010) http://www.scribd.com/doc/38566837/
WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES?
* "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."
Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010) http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?
* "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others."
More than 100 law professors, as reported by the Blog of the Legal Times (February 2011) http://www.scribd.com/doc/49586436/
WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM?
* "The American legal system has been corrupted almost beyond recognition..."
Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003) http://www.scribd.com/doc/50137887/
WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?
* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice.
Transcript of Senator Leahy speech (2009) http://www.scribd.com/doc/38472251/