Digitally signed by

Joseph Zernik
DN: cn=Joseph
Zernik, o, ou,
email=jz12345@ear
thlink.net, c=US
Date: 2010.05.12
15:57:25 +03'00'

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2 RECEIVED CONFORMED COpy

OF ORIGINAL FILED
3 MAR 1 1 2006 Los Angeles Superior Court
4 SUPERIOR COURT
WEST DISTRICT MAR 1 1 ZOOtl
SANTA MONICA
5 John A. Clarke, Executive Officer/Clerk

6 By J. Citron, Deputy 7'

7

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
10
NIVIE SAMAAN I Case No. SC087400
11
Plaintiff,
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12 I -~ JUDGMENT RE:
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u~7;i 15 "JOSEPH ZERNIK, TIME: 9:30 a.m.
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On March 7, 2008 at 9:30 a.m. in Department J of the Los Angeles Superior Court,
18
West District, located at 1725 Main Street, Santa Monica, California, 90401, proceedings were
19 II
20 II held pursuant to the Court's February 15,2008 order that Defendant Joseph Zernik

("Zernik") appear and show cause why he should not be held in contempt of court. During
21
the proceedings, Countrywide Home Loans, Inc. ("Countrywide") presented evidence that
22 II
Zemik should be held in contempt of court for disobeying the Court's Protective Order,
23 II
dated July 23, 2007, directing Zernik to communicate solely with Countrywide's designated
24 II
counsel and no other officers or employees regarding the present action. John W. Amberg
25 II
and J enna Moldawsky of Bryan Cave LLP appeared on behalf of Countrywide. Moe
26 II
27 II Keshavarzi of Sheppard Mullin Richter & Hampton LLP appeared on behalf of Plaintiff

ivie Samaan. Robert J. Shulkin appeared telephonically on behalf of Cross-Defendant

28

SMOI DOCS672017.1 PROPOSED JUDGMENT

 Coldwell Banker. Defendant Joseph Zernik telephoned the clerk of the Court prior to the

2 proceedings and informed the Court that he would not appear.

3 IT IS HEREBY ORDERED, DECREED AND ADJUDGED THAT:

4 1. DefendantJoseph Zernik had actual knowledge of the contempt proceedings,

5 and was properly served with the Order to Show Cause re: Contempt, and

6 chose not to appear or present evidence in his defense;

7 2. The Protective Order entered on July 23, 2007 by the Honorable Jacqueline

8 Connor is valid and enforceable;

9 3. Defendant Joseph Zernik had actual notice of the Protective Order as ofJuly

10 23,2007, as Zernik was present at the July 23, 2007 hearing granting the

11 Protective Order and submitted on the record to the Tentative Ruling granting
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12 the Protective Order. Zernik was also repeatedly reminded of the terms and
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("')'t 13 conditions of the Protective Order by Countrywide's counsel and was served
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15 granting the Protective Order;
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16 4. DefendantJoseph Zernik was able to comply with the Protective Order, which
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en 17 was prohibitory, narrowly tailored, and limited in scope. This is evidenced by

18 Zernik's numerous communications that were made to Countrywide's counsel

19 of record. Zernik, however, chose to repeatedly communicate with

20 Countrywide officers and employees that were not designated counsels of

21 record;

22 5. The Court finds that Defendant Joseph Zernik committed thirteen (13) separate

23 acts of contempt by willfully violating the Court's July 23, 2007 Protective

24 Order directing Zernik to communicate solely with Countrywide's designated

25 counsel and no other officers or employees regarding the present action;

26 6. The repetition of Defendant Joseph Zernik's violations of the Protective Order

27 is evidence of the willfulness of his violations; Zernik's violations of the

28 II Protective Order were not accidental. Further, in several of Zernik's

SMOI DOCS67201 7 I 2
PROPOSED JUDGMENT
 .-
1 communications with represented Countrywide officers and employees, Zernik

2 admitted the existence of the Protective Order;

3 7. The Court finds that Defendant Joseph Zernik is guilty of contempt pursuant

4 to Code of Civil Procedure Section 1209(a) and is to pay a fine in the amount of

5 $7,500 for thirteen (13) separate acts of contempt, pursuant to Code of Civil

6 Procedure Section 1218(a). The fine is imposed on a graduated scale - Zernik

7 is not fined for his initial violation of the Protective Order, but is fined $100 for

8 his second violation. For each subsequent violation thereafter, he is fined an

9 additional $100. Zernik is fined $1,000 for the 11 th, 12th, and 13th violation,

10 for a total of $7,500;

11 8. The collection of the $7,500 fine is suspended subject to the following

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12 conditions. The Protective Order remains in full force and effect during the
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00 13 pendency of this lawsuit. If Defendant Joseph Zernik further violates the
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Q)en 'E 14 Protective Order, upon five (5) days' written notice from Countrywide to
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3: '" Zernik, the Receiver shall pay $7,500 from the Receiver's Fund to Countrywide
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16 in care of its attorneys, Bryan Cave LLP, unless Zernik obtains a Court Order in
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18 9. Countrywide shall pay its own attorneys' fees and costs associated with the

19

20
contempt proceeding.
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21 "Dated: 3!U/tJg
Hon. Terry B. Friedman
22
Judge, Superior Court of California
23 II Prepared and submitted by:
24 II BRYAN CAVE LLP
John W. Amberg (CA State Bar No. 108166)
25 II Jenna Moldawky (CA State Bar No. 246109)
120 Broadway, Suite 300
26 II Santa Monica, California 90401-2386
Telephone: (310) 576-2100
27 11 Facsimile: (310) 576-2200
28 Attorneys for Countrywide Home Loans, Inc.

SMOIDOCS6720J 7. I 3
PROPOSED JUDGMENT
 1 PROOF OF SERVICE

2 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
not a party to the within action. My business address is 120 Broadway, Suite 300, Santa Monica,
3 California 90401-2305.
4
On March 11 2008, I served the foregoing document(s), described as JUDGMENT RE:
5 CONTEMPT, on the interested party(s) in this action, as follows:

6 Moe Keshavarzi, Esq. Joseph Zernik

Sheppard Mullin Richter & Hampton, LLP 2415 Saint George Street
7 333 South Hope Street, 48th Floor Los Feliz, California 90027
Los Angeles, CA 90071-1448 Telephone: (310) 435-9107
8 Facsllnile: 213-620-1398 Facsllnile: (801) 998-0917
9 mkeshavarzi@sheppardmullin.com jz 12345@eanhlink.net

10 Robert J. Shulkin, Esq.

David J. Pasternak Legal Department
11 Pasternak, Pasternak & Patton, LLP Coldwell Banker Residential Brokerage Company
1875 Century Park East, Suite 2200 11611 San Vicente Boulevard, 9 th floor
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Los Angeles, California 90067-2523 Los Angeles, CA 90049
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MV 13 Telephone: 310-553-1500 Facsllnile: 310-447-1902
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co co ·c [8J (BY OVERNITE EXPRESS) I deposited in a box or other facility maintained by
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Overnite Express, an express carrier service, or delivered to a courier or driver authorized by said
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an envelope designated by said express service carrier, with delivery fees paid or provided for.
18
Executed on Marchll, 2008, at Santa Monica, California.
19
I declare under penalty of perjury under the laws of the United States of America
20 and the State of California that the foregoing is true and correct.
21 ....... :

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SMOI DOCS672017.1 PROPOSED JUDGMENT