THE VOICES OF FRAUD FORECLOSURE HOW CAN VICTIMS OVECOME FEARS IN OUR COURT ROOMS？ LET THE JUSTICE PREVAIL IN THE COURT’S BATTLES! SHIRLEY LEE 408-725-0928 8/18/2011 ADMINISTRATION OF SANTA CLARA COUNTY SUPERIOR COURT PRESIDING JUDGE: HON. RICHARD J. LOFTUS, JR. ADMINISTRATOR: DAVID H. YAMASAKI 191 NORTH FIRST STREET SAN JOSE, CA 95113 408-882-2700 Dear Presiding Judge and Administrator: Thanks for your replies. For the justice, fairness and integrity, I have to tell the truth! I want my house back which has been owned by my family for 16 years. I lost the property which was caused by a series of mishandlings by the Court and also by a group people who made a very convoluted financial arrangement. I made my claims timely and I investigated the evidences diligently with attorneys’ help. I and my attorneys have been obstructed from making lawful claims。 I will list all time lines, court transcripts, and evidences to corroborate my story. It is long and winding journey in Santa Clara County Court, and the Court should aware of the serious consequences, and give this honest American citizen the legal right for the remedies 1。 THE CAUSE OF FRAUD FORECLOSURE FACTS: a. Nader Agha was represented by his attorney Robert Rosenthal filed a phony lawsuit against me for my bidded on and paid for Chinese art merchandises. The case was secretly transferred from Department 13 to the department 3 Judge Jamie Jacobs May. She ruled against me on 6/11/1999. The Judge Jamie Jocobs May not only allowed the Nader Agha to took over my whole business in his building, also she ordered me to pay Nader Agha another $19,000 for his damage which Nader Agha had never paid a penny to buy the auctioned merchandises. (attached are the Judgment and Nader Agha’s perjury in deposition and at the trial) b. Nader Agha and his attorney Dourglas Dusenbury made Sheriff’s sale for my house on 4/11/2001, and they paid $84,000.00 to get a valued $650,000 property (attached the sheriff’s sale) c. I filed bankruptcy chapter 13 on 3/5/2001 d. Nader Agha conspired with Lee’s bankruptcy attorney David A. Boone law offices and attorney Anthony Passaretti to not filing the documents in court, in order to cause a dismissal. They had never returned the property title back to Lee during the bankruptcy protection.(attached the city counsel’s letter on 4/27/2001) e. Nader Agha registered a alter ego company “Ellie’s Telecom Inc” on 8/9/2001.(attached the California Business Portal) f. Nader Agha issued the purchase check to PLM Lender Service for $225,100 on 10/22/2001. (attached the falsified check) g. The Ellie’s Telecom Inc. was represented by attorney Kirkman Hoffman for unlawful detainer. The attorney Kirkman Hoffman misled Lee to the wrong location in Sunnyvale court, and in order to get default judgment. Judge Thomas W. Cain issued the eviction order on 12/5/2001. (attached the notice for trial and order) h. Nader Agha was represented by attorney Robert Rosenthal who made false claim of the judgment from the interplead. (attached the answer to complaint) i. Nader Agha conspired with PLM Lender Services, Mujtaba Agha , Kamram Poursham etc. to sell Lee’s house to the Scott Lucas for $692,000 on 7/16/2002. Then the unknown attorney transfer the title from Scott Lucas to Lucas Trust on 10/18/2002. (attached the Legal & Vesting Report) 2. MY ATTORNEYS AND I HAVE BEEN OBSTRUCTED FROM LAWFUL LEGAL PROCEDURE FACTS a. After 10/22/2001 wrongful foreclosure, Lee was represented by attorney Michael E. Stone who brought a lawsuit against Gee #1-02-CV-806189. After the Arbitration reward, the case was assigned to Department 16,Judge Kevin McKenney from 1/23/2003 to 8/25/2003， the Jury trial was assigned to Department 5, Judge Jo Levinger. The attorney Michael E. Stone dismissed the case on the eve of trial, and without notice me. Because I disagreed with the attorney Michael E. Stone’s suggestion to transfer my case from Department 16 to Department 3 Judge Thomas w. Cain or Department 4 Judge Jamie Jacobs May. Attorney Michael E. Stone told me that he and Judge Jamie Jacobs May are Jewish and are good friends. (attached are the discovery motion and dismissal) b. After the dismissal, Lee was represented by attorney Patrick Smith who brought a lawsuit against Gee and PLM Lender Service #1-04-CV-025294. The case was transferred to Judge Jamie Jacobs May again on 1/27/2005, Lee filed the Peremptory Challenge on 1/31/2005. Because Lee believes that the judge was prejudiced against Lee or Lee’s interest before, and she will be prejudiced against Lee’s or Lee’s interest again! Even after the filing of Peremptory Challenge, the Court tried to assign Lee’s case to judge Jamie Jacobs May again and again, the separately on 2/3/2005 and 3/8/2005（attached the Peremptory Challenge ）Lee had expressed her fears about judge Jamie Jacobs May to her attorneys. c.The case #1-04-CV-025294 Lee v. Gee and PLM Lender Service was assigned to Department 16, Judge Kevin McKenney until 1/31/2007 trial settlement. On the August 16, 2005 Court Reporter’s Transcript of Proceedings, Court clearly stated: “ we essentially have two demurrers to the second amended. I’ll confess, this fact situation is not simple. This is about as convoluted financial arrangement between three or four … maybe four people, that I’ve seen. Mr. Carey was kind of nodding his head. I think someone agrees with that.” (attached the Reporter’s Transcript of Proceedings) d. After attorney Patrick Smith withdrew, Lee was represented by attorney Paul L. Gumina. Attorney Paul L. Gumina filed the case management statement in Court, he wrote clearly about the true facts: “foreclosure sale was a sham, in that no actual foreclosure sale was conducted; and that the Gee defendants, aided and abetted by defendant PLM, arranged a private sale to Ellie’s Telecom, Inc., which was an alter ego/front company established by Plaintiff’s creditor, Nader Agha. “ (attached the 1/3/2006 court filing) e. After the wrongful foreclosure, Lee filed the case Lee v. David A. Boone Law offices #102-CV-811272 for legal malpractice on 9/20/2002. The Department 2 Judge William J. Elfving granted Lee’s motion to file the complaint against Law offices of David A. Boone and Anthony Passaretti for legal malpractice on May 22, 2003. The Department 2 Judge William J. Elfving also denied the defendants’ Summary Judgment / Adjudication motion on April 14, 2005. The case went through smoothly in the court room. But after the attorney Paul L. Gumina’s filing on 1/3/2006, Lee suspected that Department 4 Judge Jamie Jacobs May gave influence to Department 2 Judge William Elfving for granting the motion for Order Determining Plaintiff to be a Vexatious Litigant on 2/6/2006. After motion to vacate, On the 3/24/2006 the Department 2 Judge William Elfving vacated his order and set aside. (attached is the order) f. The Defendants David A. Boone Law Offices settled with Plaintiff Lee for $40,000, but Defendants refused to sign the settlement compromise which was written by themselves. (attached the Settlement Agreement And General Release) g. Defendants abuse the court system, defendants was represented by the attorney James Roberts. They transferred the $40,000 to someone and brought another lawsuit David A. Boone V. Lee etc. # 106-CV-057385 for interplead. On the trial day, the case was assigned to Department 2 Judge William Elfving, but we were sent to Department 10 Judge Neal Cabrinha on the morning, without result in the chamber, the case was again transferred to Department 3 Judge Thomas W. Cain. Lee immediately knew this was pre-arranged for a judgment against her. It is doubtless, the Department 3 Judge Thomas W. Cain granted the Plaintiff’s motion for ordering Defendant Lee as Vexatious Litigant without any new facts on June 1, 2007. (attached the order) Lee’s attorney John Shepardson withdrew from the case before went on the trial. h. Lee brought the case for appeal and filed notice of appeal, the attorney James Roberts wrote threaten letter to Lee: “ Dear Ms. Lee: I am receipt of your Notice of Appeal. Please be advised I will again present a motion to have you declared a vexatious litigant if you persist in pursuing this frivolous appeal. “ (attached the letter) i. Lee filed the Peremptory Challenge on Department 3 Judge Thomas W. Cain on April 5, 2007 before the hearing on 6/1/2007. But he discriminated the right of Lee, he insisted ruled against Lee without any law can be recited. (attached the peremptory challenge filing) j. The case Lee v. Gee and PLM Lender Service #1-04-CV-025294 for fraud foreclosure was settled by Defendant Gee and PLM. On the settlement agreement and mutual release, there are pertinent part : “IN WITNESS WHEREOF, the parties hereby execute this Agreement. Parties agree release does not apply to Nader Agha and Ellie’s Telecom, Inc.” which were initialed by all parties on 3/2/2007. (attached the Settlement Agreement) k. On 6/15/2007, Lee filed the Complaint against Nader Agha and Ellie’s Telecom Inc. for fraud and conspiracy. Case #107-CV-087963. But the court dismissed the case. In Santa Clare Superior Cour, the case number was been changed, also the court order was been changed from granted to denied. (attached the 10/7/2000 Court order on Ex Parte) L. On 3/7/2011, Lee made ex parte for clarify the facts. First, Lee has to get the court approval to file the complaint against Nader Agha and Ellie’s Telecom. Lee wants to get the Court Protection for her safety. (attached the 3/7/2011 Plaintiff’s Declaration) m. The Department 20 Judge Kevin McKenney excused himself, because Lee improperly sent a letter to Honorable Judge Kevin McKenney’s home address which Lee found from internet. Because Lee afraid her letter could be lost in court. ( attached the letter ) n. The Department 22 judge Kevin Murphy stated in court’s hearing ：” things sometimes happen here where paperwork gets lost between the building next door and this building. “That caused Lee’s worries. (attached the court transcript on page 4) o. After Judge Kevin McKenney excused himself, the court clerk sent Lee to Department 2, Judge Patricia M. Lucas, she denied Lee’s legal right to file, the reason is no proof of services. My house’s title was transferred from Scott Lucas to Lucas Trust on 10/18/2002. p. The Appeal court refused to review any of the appeals. q. I tried to look for attorneys to help me, but after they heard my story, they have worries and refused. (attached the attorney’s letter ) r. My case is still open, but I have tremendous fears to walk into the court to make lawful claims. I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct of my own personal knowledge. Executed this on 8/18/2011, at San Jose, California. Sincerely Yours, SHIRLEY LEE THE VOICES OF FRAUD FORECLOSURE HOW CAN VICTIMS OVECOME FEARS IN OUR COURT ROOMS？ LET THE JUSTICE PREVAIL IN THE COURT’S BATTLES! SHIRLEY LEE 408-725-0928 8/18/2011 ADMINISTRATION OF SANTA CLARA COUNTY SUPERIOR COURT PRESIDING JUDGE: HON. RICHARD J. LOFTUS, JR. ADMINISTRATOR: DAVID H. YAMASAKI 191 NORTH FIRST STREET SAN JOSE, CA 95113 408-882-2700 Dear Presiding Judge and Administrator: Thanks for your replies. For the justice, fairness and integrity, I have to tell the truth! I want my house back which has been owned by my family for 16 years. I lost the property which was caused by a series of mishandlings by the Court and also by a group people who made a very convoluted financial arrangement. I made my claims timely and I investigated the evidences diligently with attorneys’ help. I and my attorneys have been obstructed from making lawful claims。 I will list all time lines, court transcripts, and evidences to corroborate my story. It is long and winding journey in Santa Clara County Court, and the Court should aware of the serious consequences, and give this honest American citizen the legal right for the remedies 1。 THE CAUSE OF FRAUD FORECLOSURE FACTS: a. Nader Agha was represented by his attorney Robert Rosenthal filed a phony lawsuit against me for my bidded on and paid for Chinese art merchandises. The case was secretly transferred from Department 13 to the department 3 Judge Jamie Jacobs May. She ruled against me on 6/11/1999. The Judge Jamie Jocobs May not only allowed the Nader Agha to took over my whole business in his building, also she ordered me to pay Nader Agha another $19,000 for his damage which Nader Agha had never paid a penny to buy the auctioned merchandises. (attached are the Judgment and Nader Agha’s perjury in deposition and at the trial) b. Nader Agha and his attorney Dourglas Dusenbury made Sheriff’s sale for my house on 4/11/2001, and they paid $84,000.00 to get a valued $650,000 property (attached the sheriff’s sale) c. I filed bankruptcy chapter 13 on 3/5/2001 d. Nader Agha conspired with Lee’s bankruptcy attorney David A. Boone law offices and attorney Anthony Passaretti to not filing the documents in court, in order to cause a dismissal. They had never returned the property title back to Lee during the bankruptcy protection.(attached the city counsel’s letter on 4/27/2001) e. Nader Agha registered a alter ego company “Ellie’s Telecom Inc” on 8/9/2001.(attached the California Business Portal) f. Nader Agha issued the purchase check to PLM Lender Service for $225,100 on 10/22/2001. (attached the falsified check) g. The Ellie’s Telecom Inc. was represented by attorney Kirkman Hoffman for unlawful detainer. The attorney Kirkman Hoffman misled Lee to the wrong location in Sunnyvale court, and in order to get default judgment. Judge Thomas W. Cain issued the eviction order on 12/5/2001. (attached the notice for trial and order) h. Nader Agha was represented by attorney Robert Rosenthal who made false claim of the judgment from the interplead. (attached the answer to complaint) i. Nader Agha conspired with PLM Lender Services, Mujtaba Agha , Kamram Poursham etc. to sell Lee’s house to the Scott Lucas for $692,000 on 7/16/2002. Then the unknown attorney transfer the title from Scott Lucas to Lucas Trust on 10/18/2002. (attached the Legal & Vesting Report) 2. MY ATTORNEYS AND I HAVE BEEN OBSTRUCTED FROM LAWFUL LEGAL PROCEDURE FACTS a. After 10/22/2001 wrongful foreclosure, Lee was represented by attorney Michael E. Stone who brought a lawsuit against Gee #1-02-CV-806189. After the Arbitration reward, the case was assigned to Department 16,Judge Kevin McKenney from 1/23/2003 to 8/25/2003， the Jury trial was assigned to Department 5, Judge Jo Levinger. The attorney Michael E. Stone dismissed the case on the eve of trial, and without notice me. Because I disagreed with the attorney Michael E. Stone’s suggestion to transfer my case from Department 16 to Department 3 Judge Thomas w. Cain or Department 4 Judge Jamie Jacobs May. Attorney Michael E. Stone told me that he and Judge Jamie Jacobs May are Jewish and are good friends. (attached are the discovery motion and dismissal) b. After the dismissal, Lee was represented by attorney Patrick Smith who brought a lawsuit against Gee and PLM Lender Service #1-04-CV-025294. The case was transferred to Judge Jamie Jacobs May again on 1/27/2005, Lee filed the Peremptory Challenge on 1/31/2005. Because Lee believes that the judge was prejudiced against Lee or Lee’s interest before, and she will be prejudiced against Lee’s or Lee’s interest again! Even after the filing of Peremptory Challenge, the Court tried to assign Lee’s case to judge Jamie Jacobs May again and again, the separately on 2/3/2005 and 3/8/2005（attached the Peremptory Challenge ）Lee had expressed her fears about judge Jamie Jacobs May to her attorneys. c.The case #1-04-CV-025294 Lee v. Gee and PLM Lender Service was assigned to Department 16, Judge Kevin McKenney until 1/31/2007 trial settlement. On the August 16, 2005 Court Reporter’s Transcript of Proceedings, Court clearly stated: “ we essentially have two demurrers to the second amended. I’ll confess, this fact situation is not simple. This is about as convoluted financial arrangement between three or four … maybe four people, that I’ve seen. Mr. Carey was kind of nodding his head. I think someone agrees with that.” (attached the Reporter’s Transcript of Proceedings) d. After attorney Patrick Smith withdrew, Lee was represented by attorney Paul L. Gumina. Attorney Paul L. Gumina filed the case management statement in Court, he wrote clearly about the true facts: “foreclosure sale was a sham, in that no actual foreclosure sale was conducted; and that the Gee defendants, aided and abetted by defendant PLM, arranged a private sale to Ellie’s Telecom, Inc., which was an alter ego/front company established by Plaintiff’s creditor, Nader Agha. “ (attached the 1/3/2006 court filing) e. After the wrongful foreclosure, Lee filed the case Lee v. David A. Boone Law offices #102-CV-811272 for legal malpractice on 9/20/2002. The Department 2 Judge William J. Elfving granted Lee’s motion to file the complaint against Law offices of David A. Boone and Anthony Passaretti for legal malpractice on May 22, 2003. The Department 2 Judge William J. Elfving also denied the defendants’ Summary Judgment / Adjudication motion on April 14, 2005. The case went through smoothly in the court room. But after the attorney Paul L. Gumina’s filing on 1/3/2006, Lee suspected that Department 4 Judge Jamie Jacobs May gave influence to Department 2 Judge William Elfving for granting the motion for Order Determining Plaintiff to be a Vexatious Litigant on 2/6/2006. After motion to vacate, On the 3/24/2006 the Department 2 Judge William Elfving vacated his order and set aside. (attached is the order) f. The Defendants David A. Boone Law Offices settled with Plaintiff Lee for $40,000, but Defendants refused to sign the settlement compromise which was written by themselves. (attached the Settlement Agreement And General Release) g. Defendants abuse the court system, defendants was represented by the attorney James Roberts. They transferred the $40,000 to someone and brought another lawsuit David A. Boone V. Lee etc. # 106-CV-057385 for interplead. On the trial day, the case was assigned to Department 2 Judge William Elfving, but we were sent to Department 10 Judge Neal Cabrinha on the morning, without result in the chamber, the case was again transferred to Department 3 Judge Thomas W. Cain. Lee immediately knew this was pre-arranged for a judgment against her. It is doubtless, the Department 3 Judge Thomas W. Cain granted the Plaintiff’s motion for ordering Defendant Lee as Vexatious Litigant without any new facts on June 1, 2007. (attached the order) Lee’s attorney John Shepardson withdrew from the case before went on the trial. h. Lee brought the case for appeal and filed notice of appeal, the attorney James Roberts wrote threaten letter to Lee: “ Dear Ms. Lee: I am receipt of your Notice of Appeal. Please be advised I will again present a motion to have you declared a vexatious litigant if you persist in pursuing this frivolous appeal. “ (attached the letter) i. Lee filed the Peremptory Challenge on Department 3 Judge Thomas W. Cain on April 5, 2007 before the hearing on 6/1/2007. But he discriminated the right of Lee, he insisted ruled against Lee without any law can be recited. (attached the peremptory challenge filing) j. The case Lee v. Gee and PLM Lender Service #1-04-CV-025294 for fraud foreclosure was settled by Defendant Gee and PLM. On the settlement agreement and mutual release, there are pertinent part : “IN WITNESS WHEREOF, the parties hereby execute this Agreement. Parties agree release does not apply to Nader Agha and Ellie’s Telecom, Inc.” which were initialed by all parties on 3/2/2007. (attached the Settlement Agreement) k. On 6/15/2007, Lee filed the Complaint against Nader Agha and Ellie’s Telecom Inc. for fraud and conspiracy. Case #107-CV-087963. But the court dismissed the case. In Santa Clare Superior Cour, the case number was been changed, also the court order was been changed from granted to denied. (attached the 10/7/2000 Court order on Ex Parte) L. On 3/7/2011, Lee made ex parte for clarify the facts. First, Lee has to get the court approval to file the complaint against Nader Agha and Ellie’s Telecom. Lee wants to get the Court Protection for her safety. (attached the 3/7/2011 Plaintiff’s Declaration) m. The Department 20 Judge Kevin McKenney excused himself, because Lee improperly sent a letter to Honorable Judge Kevin McKenney’s home address which Lee found from internet. Because Lee afraid her letter could be lost in court. ( attached the letter ) n. The Department 22 judge Kevin Murphy stated in court’s hearing ：” things sometimes happen here where paperwork gets lost between the building next door and this building. “That caused Lee’s worries. (attached the court transcript on page 4) o. After Judge Kevin McKenney excused himself, the court clerk sent Lee to Department 2, Judge Patricia M. Lucas, she denied Lee’s legal right to file, the reason is no proof of services. My house’s title was transferred from Scott Lucas to Lucas Trust on 10/18/2002. p. The Appeal court refused to review any of the appeals. q. I tried to look for attorneys to help me, but after they heard my story, they have worries and refused. (attached the attorney’s letter ) r. My case is still open, but I have tremendous fears to walk into the court to make lawful claims. I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct of my own personal knowledge. Executed this on 8/18/2011, at San Jose, California. Sincerely Yours, SHIRLEY LEE
Posted on: Mon, 02 Sep 2013 09:10:53 +0000
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