Los Angeles, April 7 - 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.
“The case is opined as Fraud on the Court through collusion of BofA, California Judge PETER MEEKA, and Clerk of the Court JOHN A CLARKE, aimed to dispossess Plaintiff Susan Lomas, while denying her Due Process and access to an honest court”, said Joseph Zernik, PhD, of Human Rights Alert (NGO).
A hearing on applications by Plaintiff Susan Lomas for restoration of Due Process and for a declaration by Judge Peter Meeka regarding financial benefits to him, if any, from BofA, is scheduled for Friday, April 8, 2011, 8:30am, in the Pomona Courthouse, Department “O”.
A pattern of false and deliberately misleading court records is found in the case:
* None of the minutes were certified by the Deputy Clerk of the Court;
* None of the minutes were noticed and served by the Court;
* Multiple proceedings were secretly listed in the minutes as “off of the record”;
* No Initial Case Management Conference was ever held;
* Plaintiff has been repeatedly denied access to the Register of Actions (California civil docket), where the true registration of the proceedings (or lack thereof) would be discerned;
* An invalid online “Case Summary” is published by the Court, which would lead a naïve reader to conclude that valid and effectual proceedings have been held and rulings have been entered by the court.
* Attorney Mark Asdourian appears in the case for BofA, while refusing to provide certificate of Attorney of Record. Attorney Asdourian has filed false and deliberately misleading banking records as “Request for Judicial Notice”, which was granted by Judge Peter Meeka.
Now, Plaintiff Susan Lomas has noticed applications for:
* Restoration of Due Process notice and service of Minutes of the proceedings, certified by the Clerk of the Court,
* Restoration of Due Process access to the Register of Actions (California civil docket) to inspect and to copy, and
* Declaration by Judge Peter Meeka regarding financial benefits, if any, to him, or to family members residing with him from BofA, its subsidiaries, affiliates, executives, or employees.
The denial of Due Process service and notice of certified minutes is a common practice in the Los Angeles Superior Court. It permits the judges to conduct proceedings that are never certified by the Clerk of the Court, which are considered by the judges themselves as invalid court records, but are enforced nevertheless. The denial of access to Registers of Actions (California civil dockets) in the Los Angeles Superior Court is a common practice as well:
On March 4, 2009, the 70 year old former US Prosecutor Attorney Richard Fine was arrested in the Los Angeles Superior Court, in the city of Los Angeles, after he had exposed and rebuked widespread corruption of the judges of the Los Angeles Superior Court. He was later held in solitary confinement for 18 months under false records, stating that he was arrested and imprisoned on location and by authority of the non-existent “Municipal Court of San Pedro”. No Minutes were ever certified for his purported “sentencing hearing”. Moreover, throughout the purported review of his Habeas Corpus petition in the US District Court, Central District of California, US Court of Appeals, 9th Circuit, and US Supreme Court (and to this date) access to the Register of Actions (docket) in the case was denied.
Bribing of state and US judges by financial institution must be a real concern. Under similar circumstances, the following judges were previously asked and refused to provide declarations regarding financial benefits, if any, by BofA:
* California Judge Terry Friedman;
* US Judge Virginia Phillips;
* US Magistrate Carla Woehrle.
Recent media reports described the current wave of foreclosures in the United States as fraught by sloppy or invalid banking records. “The true situation is collusion by corrupt judges, attorneys, and banking institutions in dispossession of the People of the United States on a scale never seen before”, said Dr Zernik, “and refusal of the US government to provide Equal Protection”.
Fraud in the court by Countrywide Financial Corporation (today a subsidiary of BofA) has been detailed in courts across the United States:
* In January 2008 the collapse of Countrywide Financial 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. [i]
* 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) [ii]
* Evidence of racketeering in the courts by Countrywide and BofA, including direct involvement by Brian Moynihan (BofA President) was filed with US law enforcement. [iii,iv]
Real estate fraud under the guise of court actions in the Los Angeles Superior Court, going back for over a decade, was key to the 2010 submission of Human Rights Alert (NGO) to the Human Rights Council (HRC) of the United Nations. The submission was later incorporated into the official Staff Report of the HRC, with reference to “corruption of the courts and the legal profession and discrimination by law enforcement in California”.
[i] 08-01-08 Case of Borrower Sharon Dianne Hill (01-22574) in the US Bankruptcy Court, Eastern District of Pennsylvania: Countrywide’s three "recreated letters", transcript, and news reports: http://www.scribd.com/doc/25003494/
[ii] 08-03-05 Case of Borrower William Parsley (05-90374), Dkt #248: Judge Jeff Bohm's Memorandum Opinion, rebuking Countrywide's litigation practices, Countrywide's false outside counsel scheme - appearances by counsel who are not Counsel of Record, with "no communications with clients" clause: http://www.scribd.com/doc/25001966/
[iii] 10-05-05 Countrywide Bank of America NYSE BAC and its President Brian Moynihan Compilation of Records Evidence of Racketeering http://www.scribd.com/doc/30975368/
[iv] 10-05-05 Chairs of US Congress Committees of the Judiciary and Banking Are Requested to Join Senator Feinstein's Inquiries on Comptroller of the Currency http://www.scribd.com/doc/30979882/
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/