Joseph Zernik, PhD

PO Box 526, La Verne, CA 91750;

Fax: 323.488.9697; Email: jz12345@earthlink.net

10-06-21 Complaint against David Pasternak – for Public Corruption and Deprivation of Civil
Rights under the Color of Law Pursuant to US Law, and Deprivation of Human
Rights Pursuant to Ratified International Law

Andre Birotte Jr., US Attorney, Central District of California.

221 N Figueroa St, Los Angeles, CA 90012
Fax: 213-894-6269

TO US ATTORNEY, CENTRAL DISTRICT OF CALIFORNIA: Please accept instant Citizen’s

Complaint by Dr Joseph Zernik against Mr David Pasternak for Public Corruption and Deprivation of Civil
Rights under the Color of Law, filed herein with the Office of US Attorney, Central District of California, for
the recently publicized “specialized unit to prosecute public corruption and civil rights cases”. i Please also
accept instant Citizen’s Complaint as a request for Equal Protection pursuant to the US Constitution and also
as a request for Equal Protection pursuant to ratified international law – the Universal Declaration of Human
Rights.

1. Complainant
Dr Joseph Zernik is resident of Los Angeles County, California
Address: 1853 Foothill Blvd, La Verne, California, 91750
Mailing Address: PO Box 526, La Verne, California 91750
Tel: 323-515-4583
Fax: (preferred) 323-488-9697
Email: (preferred) jz12345@earthlink.net

2. Allegations against Mr David Pasternak: ii

a) DAVID PASTERNAK –
Address: 1875 Century Park East, Suite 2200, Los Angeles, CA 90067
Work: 310-553-1500
Fax: 310-553-1540
Email: djp@paslaw.com

His conduct under caption of Samaan v Zernik (SC087400) of the Superior Court of California, County of
Los Angeles, pertaining to real property at 320 South Peck Drive, Beverly Hills, California, 90212, is alleged
as violations of the law including, but not limited to:
i. Public Corruption,
ii. Deprivation of Rights Under the Color of Law,
iii. Honest Services Fraud,
iv. Extortion,
v. Fraud,
vi. Real Estate Fraud,
vii. Mail Fraud,,
viii. Conspiracy, and
ix. Monetary Transactions in Property Derived from Prohibited Conduct.

3. Allegation against Co-Conspirators:

Mr Pasternak engaged in the conduct detailed in instant complaint in alleged conspiracy with:
a) Ms LISA KALAYDJIAN –

Page 2/6 June 21, 2010

Address: 1875 Century Park East, Suite 2200, Los Angeles, CA 90067
Work: 310-553-1500
Fax: 310-553-1540
Ms Kalaydjian was Notary Public in Mr Pasternak’s office. She allegedly colluded with Mr Pasternak in
December 2007 in the production of Grant Deeds on the property, which were opined as fraud by Fraud
Expert Mr Wedick. iii

b) Ms NIVIE SAMAAN – iv
Address: 320 South Peck Drive, Beverly Hills, California 90212
Ms Samaan is a Real Estate Salesperson and purported buyer of the real property in the opined real estate
fraud. She colluded with Mr Pasternak and Mr Lloyd, her husband and a convicted felon in production of
various records, opined as fraud (see below).

c) Mr JAE ARRE LLOYD - v

Address: 320 South Peck Drive, Beverly Hills, California 90212
Mr Lloyd is Ms Samaan’s husband, a convicted felon on financial crimes, formerly known as TIMOTHY
LLOYD MORROW, who operated and operates with no license a Beverly Hills mortgage brokerage branch
for Pacific Mortgage Consultants. He colluded with Ms Samaan and Mr Pasternak in the production of
numerous mortgage and other records, which were opined as fraud (see below), as part of the real estate fraud
by Mr Pasternak. As Ms Samaan he was buyer of the property, and then signed a Quit Claim Deed on the
property, alleged as fraud in its own sake.

4. Fraud Experts Opinions:

Conduct of Mr Pasternak and his accomplices was opined as fraud by two of the best-known Fraud Experts in
the United States:
a) Mr JAMES WEDICK –
Address:
Tel: 916-638-3566
Fax: 916-290-0999
Fraud Expert, and an FBI veteran, who was decorated by US Congress, by FBI Director, and US Attorney
General – opined on Grant Deeds produced by Mr Pasternak and Ms Kalaydjian. vi

b) Mr ROBERT MEISTER –
Tel: 317-770-1000
Fax: 800-786-2629
Fraud Expert, nationally renowned, opined on records produced by Ms Samaan and Mr Lloyd. vii

5. FBI Investigation in the Case:

a) Special Agent CONNOLY –
Address: 11000 Wilshire blvd fob 17th floor, Los Angeles, CA 90024
Work: 310-477-6565
Fax: 310-996-3359
Mr Connoly is Special Agent at the FBI Los Angeles branch, who was assigned to the case. He agreed with
Mr Wedick already in August 2008 that the case amounted real estate fraud against Dr Joseph Zernik,
according to a letter by Mr Wedick. viii

Page 3/6 June 21, 2010

6. Court Opinions and Judgments:

NO court opinion, order, or judgment in this matter were ever authenticated and entered as required by law to
make them effectual, either in State of California court - under caption of Samaan v Zernik (SC087400) or in
US court – under caption of Zernik v Connor et al (2:08-cv-01914).

7. Remedies Requested:
Request is herein filed with your office by Dr Zernik for the following remedies:
a) Equal protection for Dr Joseph Zernik under US and ratified international law.
b) Return of the real property at 320 South Peck Drive, Beverly Hills to the possession of its lawful owner –
Dr Joseph Zernik;
c) To prosecute Mr David Pasternak and others, if necessary, and to seek court judgment of damages and
penalties against Mr Pasternak to benefit Dr Zernik, as provided by law.

8. Public Policy Significance:

The case is of high public policy significance, since it amounts to alleged Public Corruption and Deprivation
of Civil Rights by a person, who routinely appears in courts as Receiver, is former President of the Los
Angeles County Bar Association, former member of the California Judicial Council, former President of Bet
Tzedek – “The House of Justice” - a prominent Jewish charity providing free legal services, and current
officer of the Chancery Club – a prominent Los Angeles voluntary legal association.

9. Brief Chronology:
1. In October 2005 litigation was initiated by Ms Samaan under caption of Samaan v Zernik (SC087400) at
the Superior Court of California, County of Los Angeles, with cause of action of “Specific Performance or
Damages for Breach of Contract”. The case originated from a real estate dispute in 2004. No foreclosure,
no bankruptcy, and no mortgage default of any kind was involved in the case.
2. In August 2007 Judgment for “specific performance” was issued, but never entered. To this date, June
2010, the case is listed as “pending”, as indicated in the online Case Summary (not an official court
record) ix and in the Register of Actions (California civil docket). x No Judgment in the case was ever
found in the microfilm archive of judgments of the Superior Court either.
California Code of Civil Procedure §664 in pertinent part states:
... If the trial has been had by the court, judgment must be
entered by the clerk, in conformity to the decision of the court,
immediately upon the filing of such decision. In no case is a
judgment effectual for any purpose until entered.
3. In November 2007 Order Appointing David Pasternak Receiver was issued, purportedly for
execution of the August 2007 Judgment, although no copy of the Judgment was ever produced as
part of the Motion or Order. Moreover, the purported November 2007 Order Appointing David
Pasternak Receiver was never entered. Orders for Appointment of Receiver, are appealable orders,
which must be entered in the manner that judgments are entered to make them effectual. No Order
Appointing Receiver was ever entered in the case.
4. Since November 2007 and to this date Mr Pasternak has been falsely appearing as “Receiver”,
purportedly for enforcement of judgment, under the caption of Samaan v Zernik with no legal
authority at all. Regardless of numerous notices, informing Mr Pasternak of his false and
deliberately misleading conduct, he continues such appearances to this date.
5. As part of such conduct, Mr Pasternak filed in court for 2.5 years numerous papers under his
signature, which are alleged as fraud on the court. Most notably, he recently filed a paper titled
“Final Report” with numerous exhibits. None of the exhibits was authenticated, as required by law to

Page 4/6 June 21, 2010

make them admissible. Through such false and deliberately misleading conduct, Mr Pasternak tried
and tries to portray his conduct as authorized by law.
6. In November 2007, as part of such conduct, Mr Pasternak coerced Dr Joseph Zernik to leave his
residence under threat of force, credible but unlawful.
7. In November 2007 Mr Pasternak then forcibly entered the property, and falsely claimed to take
possession of it.
8. Since November 2007 and to this date, Mr Pasternak never affected the issuance of a Writ of Execution
by the Clerk of the Court, as required by California Code of Civil Procedure § 716.010, inter alia, for the
purported enforcement of the purported August 2007 Judgment. No certified copy of the purported
August 2007 Judgment was ever produced by Mr Pasternak either.
California Code of Civil Procedure § 716.010 in pertinent part states:
716.010. (a) A judgment for sale of real or personal property may be enforced by
a writ of sale issued pursuant to Section 712.010.
(b) In addition to the information required by Section 712.020, the writ of sale
shall contain a description of the property to be sold in satisfaction of the
judgment for sale.
(c) The writ of sale delivered to the levying officer shall be accompanied by a
certified copy of the judgment for sale.

9. In December 2007 Mr Pasternak filed with the Los Angeles Superior Court, and then with office of
the Los Angeles County two different Grant Deeds pertaining to the real property at 320 South Peck
Drive, Beverly Hills, California 90212. Each of the two Grant Deeds, separately and combined,
were opined as fraud by Fraud Expert James Wedick.
10. In December 2007, through such fraud, Mr Pasternak purported to covey title to the property at 320
South Peck Drive, Beverly Hills, to Ms Nivie Samaan and Mr Jae Arre Lloyd. Mr Lloyd later filed
Quit Claim Deed on the property to the benefit of Ms Samaan.
11. In December 2007, Mr Pasternak allegedly collected through the fraud in conveyance of title
approximately $1.8 million dollars from Ms Samaan and Mr Lloyd for the fraudulent sale of the
property.
California Code of Civil Procedure §701.820 requires that any case of sale of property by court,
proceeds be distributed within 30 days.
California Code of Civil Procedure §701.820 in pertinent part states:
701.820. (a) Promptly after a sale or collection under this title, the levying officer
shall distribute the proceeds to the persons entitled thereto or, in cases covered
by Section 701.830, deposit the proceeds with the court.
(b) Except as otherwise provided by statute, the proceeds shall be paid to the
persons entitled thereto within 30 days after they are received by the levying
officer.
12. Since December 2007 and to this date Mr Pasternak has been holding the proceeds from the opined
fraud in conveyance of title in disregard of the law. During that period he has never distributed a
single penny from the purported sale of the real property to its lawful owner – Dr Joseph Zernik.
13. Since December 2007 and to this date Mr Pasternak engaged in numerous distributions of fund,
alleged as Monetary Transactions in Property Derived from Prohibited Conduct, most notably to
himself and to Ms Nivie Samaan.
14. In November 2009 Mr Pasternak filed in court under his signature a paper titled “Final Report”. xiAs
indicated in Mr Pasternak’s purported “Final Report”, he is still holding to this date hundreds of
thousands of dollars derived from the opined real estate fraud. The “Final Report” included
numerous records, none of them was authenticated as required for admission of evidence in court.

Page 5/6 June 21, 2010

The “Final Report” as a whole is alleged as fraud on the court and on Dr Zernik, since it attempted to
create false and deliberately misleading litigation history.

In Short:
Since November 2007 and to this date, Mr Pasternak was falsely appearing as “Receiver” and engaging
in conduct as “Receiver” under the color of law. However, such conduct was in total disregard of the
law, and is alleged as Public Corruption and Deprivation of Civil Rights pursuant to US law and
Deprivation of Human pursuant to international law.

10. Complainant is NOT an Attorney

For such reason, in most case, no section of the law was cited. US Attorney is requested to apply the
correct sections of the law. In case error was made in case where sections of the law were cited, US
Attorney is requested to disregard such citations, and apply the correct section of the law.

11. Additional Evidence and Records:

For the sake of brevity, only a small part of the evidence was described above and linked below. Please
do not hesitate to contact Dr Zernik for additional information in this matter, or to obtain additional
records.

Respectfully,
Dated: June 21, 2010
Joseph Zernik, PhD

By: ______________
JOSEPH H ZERNIK Digitally signed by Joseph
PO Box 526, La Verne, CA 91750 Zernik
DN: cn=Joseph Zernik, o, ou,
Phone: 323.515.4583 email=jz12345@earthlink.net,
Fax: 323.488.9697 c=US
Date: 2010.06.21 15:15:41
Email <jz12345@earthlink.net> +03'00'

Links to Records
i
June 12, 2010 - Los Angeles Times publication regarding new unit for prosecution of public corruption and violations of
civil rights.
http://inproperinla.com/10-06-12-us-attorney-los-angeles-created-public-corruption-civil-rights-unit-la%20times.pdf
ii
See also March 3, 2010 complaint filed with FBI regarding real estate fraud by Mr Pasternak, and records linked to it:
http://www.scribd.com/doc/27934938/
iii
December 2007 Grant Deeds produced by Mr Pasternak and Ms Kalaydjian, opinion letter of Fraud Expert Mr Wedick:
http://www.scribd.com/doc/24991238/
iv
See May 21, 2010 complaint filed with FBI against Mr Lloyd and Ms Samaan, and records linked to it:
http://www.scribd.com/doc/31725728/
v
See May 21, 2010 complaint filed with FBI against Mr Lloyd and Ms Samaan, and records linked to it:
http://www.scribd.com/doc/31725728/
vi
December 2007 Grant Deeds produced by Mr Pasternak and Ms Kalaydjian – opinion of Fraud Expert Mr Wedick:
http://www.scribd.com/doc/24991238/
vii
September-October 2004 records produced by Ms Samaan and Mr Lloyd – opinion of fraud expert Robert Meister:
a) September 2004 Prequalification Letter:
http://www.scribd.com/doc/29712839/
b) September 2004 Uniform Residential Loan Applications:
http://www.scribd.com/doc/29714059/
viii
August 21, 2008 letter by Mr Wedick regarding FBI investigation in the case:

Page 6/6 June 21, 2010

http://www.scribd.com/doc/29713733/
ix
Samaan v Zernik (SC087400) – Case Summary, listing the case as “Pending”
http://inproperinla.com/10-06-19-samaan-v-zernik-sc087400-los-Angeles-superior-court-civil-case-summary-s.pdf
x
Samaan v Zernik (SC087400) – Register of Actions, listing the case as pending.
http://www.scribd.com/doc/29712101/
xi
November 24, 2009 “Final Report” by David Pasternak , falsely appearing as “Receiver”.
http://www.scribd.com/doc/25179824/