Wednesday, May 27, 2015

Kelley Lynch Responds To Leonard Cohen's Demands That She Withdraw Her Motion For Terminating Sanctions

From: Kelley Lynch <>
Date: Wed, May 27, 2015 at 1:38 PM
Subject: Re: Leonard Cohen's Opposition
To: Michelle Rice <>, "*IRS.Commisioner" <*>, Washington Field <>, "Division, Criminal" <>, "Doug.Davis" <>, Dennis <>, MollyHale <>, nsapao <>, fsb <>, rbyucaipa <>, khuvane <>, blourd <>, Robert MacMillan <>, a <>, wennermedia <>, Mick Brown <>, "glenn.greenwald" <>, lrohter <>, Harriet Ryan <>, "hailey.branson" <>, "stan.garnett" <>, "" <>, Feedback <>,, "mayor.garcetti" <>, "Kelly.Sopko" <>,

Michelle Rice,

You have provided me with numerous documents and a letter you personally wrote on May 26, 2005.  None of the documents are conformed and the proof of service is not signed.  Leonard Cohen has previously failed to serve me the summons & complaint.  I was served an Objections document (read into the record for Judge Hess) previously that was not filed with the Court.  Jeffrey Korn failed to serve me the Order that was allegedly filed with the Court in or around January 2014 - it appeared in the Court's computer but is not on the website.  I was served the following documents by mail and fedex today:

Michelle Rice letter dated May 26, 2015 re:  Plaintiffs' Notice of Intent to Move for Sanctions under CCP Section 1008 and 128.7.

Request for Judicial Notice in Support of Plaintiffs' Opposition (with the transcript of the January 2014 hearing attached).  I will note that Plaintiff failed to request Judicial Notice with respect to all documents attached to the Opposition documents filed with the Court in Case No. BCC338322.  That includes, but is not limited to, the domestic violence related orders; Neal Greenberg's lawsuit; Judge Babcock's order; the Boulder, Colorado restraining order matter; and other documents.

Proposed Order re. Judicial Notice.

Notice of Association of Counsel.  You already filed an application previously in this matter and have been attorney of record since that time.  I do not have Jeffrey Korn's withdrawal as counsel.

Plaintiffs' Points & Authorities re. Opposition and proposed order.

Motion for Sanctions and proposed order.

You failed to list what documents fall under attorney/client privilege.  Are you referring to corporate federal tax returns?  Please provide me with a specific list of the documents you are are referring to.

As your documents note, I am representing myself and have been since Cohen filed his lawsuit in August 2005.  I was not served and Cohen's lawyers have steadfastly refused to communicate with me.  Neal Greenberg's June 2005 lawsuit addresses Cohen/Kory's plan, months in advance, to use restraining orders to discredit me as a witness in numerous matters - including Natural Wealth's.  I did not live in Colorado when that lawsuit was served.  The process server threw it on the ground outside but I did receive the documents and advised Norman Posel of that fact.  Clea Surkhang also obtained and sent me a copy of the lawsuit.

I will consider your demand that I withdraw my Motion by June 19, 2015.  I understand you want the documents that allegedly have attorney/client privilege returned.  You would like the file sealed.  You have taken the position that my Motion addressing fraud upon the court is harassment.  I wholeheartedly disagree.  Your client seems to believe that I have no legal right to seek remedies available under the law.  

You have given me 21 days notice (although I haven't calculated the court days at this time) to withdraw my motion or you will file the Sanctions Motion.  I need to research these issues and cannot possibly respond at this time.  Your letter does say that you will file the Opposition on May 26, 2015 but doesn't reference the Judicial Notice or other documents so I remain unclear as to what was filed.  I believe your letter states that you will file the Sanctions Motion with the Court on June 22, 2015.  I have said that I must research these issues.

You wrote:  "As is outlined more fully in the enclosed Sanctions Motion, the grounds for Plaintiffs' Sanctions Motion are:  1) the 2015 Motion violates CCP Section 1008 (which Gianelli wrote me about last night); 2) is legally and factually frivolous in vilation of CCP 128.7(b)(2) and 128.7(b)(3) and, 3) is filed for improper purpose of harassment in violation of CCP 128.7(b)(1).  I totally disagree.  Fraud upon the court does not have a statute; was not raised with the Court in the Motion to Vacate filed in August 2013; and my documents are entirely legal.  As you have provided me with a transcript of the hearing itself (with Judge Hess), you may review that document to determine for yourself if Judge Hess referred to any type of fraud upon the court during the hearing on the motion.  We did discuss perjury but that was limited to the inaccurate perjury declaration I used.  I've worked in numerous jurisdictions for law firms (years ago granted) and must have used one from Pennsylvania or something like that.  I do appreciate this transcript.  While I have a fee waiver, that you have taken the position I've used in "bad faith," it does not cover transcripts.  For some reason, it covers the court reporter during hearings but  not transcripts.  I found that confusing.

I look forward to your response and would appreciate clarification about the $7.3 judgment amount and how you arrived at the interest applied thereto.

For the record, Stephen Gianelli continues to harass me (and others) over Cohen legal matters - including, but not limited to, my motion for terminating sanctions; the motion to vacate the fraud domestic violence order I intend to file (and did speak with a Commissioner about); and many other matters.  It is my opinion that he is an unofficial member of Cohen's legal team; argues Phil Spector prosecution theories online; and has harassed, stalked, threatened, and intimidated many witnesses who have provided Judge Hess with declarations.  That would include Paulette Brandt.  As you most likely know, Karina Von Watteville's response to Paulette Brandt's rental arrears demand letter was to phone Robert Kory.  He told her to sue me.  She confirmed this for Paulette Brandt and other witnesses including the Court Mediator at the first hearing.  At the second hearing, in front of the mediator, she was screaming about Leonard Cohen, Robert Kory, and she - not I - raised ICE as an issue.  I never mentioned ICE or deportation.  Gianelli has now threatened me, Paulette Brandt, and Linda Carol over Von Watteville and legal action related to a declaration Linda Carol was working on at the time.  

I will give you an appropriate response re. any decision on my part to withdraw my motion.  I would appreciate your permitting me the legally authorized time to research these matters.

Kelley Lynch

On Wed, May 27, 2015 at 12:55 PM, Kelley Lynch <> wrote:

Michelle Rice,

I am in receipt of Leonard Cohen's Opposition documents, proposed order, motion for sanctions (based on "harassment"), and your letter dated May 26, 2015.  I also understand that you are demanding that I withdraw my Motion by June 19, 2015 and are seeking paperwork that is not covered by attorney/client privilege.  I would like to point out that this would include all business files of mine that Leonard Cohen and his daughter, Lorca Cohen, removed from my office which have not been returned.

You raised one point that needs clarification.  In your proposed Order (re. Sanctions) you mention that the default judgment is now $7.3 million.  Would you please let me know how you arrived at that figure.  The initial damages were $5 million.  Is it your position that the interest now totals $2.3 million?

I would appreciate your response and am rather astounded that you would serve these documents on me, including your personal letter, but believe a fraud domestic violence order (or any order) prevents you from providing me with IRS required tax and corporate information Cohen owes me.  Your firm also serves as Cohen's business managers.  I will remind you that I know how personal and business managers function and handle requests.

Kelley Lynch