Date: Fri, May 8, 2015 at 12:33 PM
Subject: Fwd: Kelley Lynch email dated Thursday, May 07, 2015 9:15 AM
To: "*IRS.Commisioner" <*IRS.Commisioner@irs.gov>, Washington Field <washington.field@ic.fbi.gov>, "Division, Criminal" <Criminal.Division@usdoj.gov>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, Dennis <Dennis@riordan-horgan.com>, MollyHale <MollyHale@ucia.gov>, nsapao <nsapao@nsa.gov>, fsb <fsb@fsb.ru>, rbyucaipa <rbyucaipa@yahoo.com>, khuvane <khuvane@caa.com>, blourd <blourd@caa.com>, Robert MacMillan <robert.macmillan@gmail.com>, a <anderson.cooper@cnn.com>, wennermedia <wennermedia@gmail.com>, Mick Brown <mick.brown@telegraph.co.uk>, "glenn.greenwald" <glenn.greenwald@firstlook.org>, lrohter <lrohter@nytimes.com>, Harriet Ryan <harriet.ryan@latimes.com>, "hailey.branson" <hailey.branson@latimes.com>, "stan.garnett" <stan.garnett@gmail.com>, "USLawEnforcement@google.com" <USLawEnforcement@google.com>, Feedback <feedback@calbar.ca.gov>, mike.feuer@lacity.org, "mayor.garcetti" <mayor.garcetti@lacity.org>, Jeffrey Korn <jeffkornlaw@live.com>
Jeffrey,
I checked LA Superior Court's website and you are the attorney of record in Case No. BC338322. While, Stephen Gianelli (who appears to be an informal member of Leonard Cohen's defense team) has written this email, I feel it's appropriate to address it with the attorney of record since the issues relate to Leonard Cohen and this case specifically.
First of all, I would like to point out that Leonard Cohen, after spending approximately 10 months attempting to force me into a settlement (that included an offer of 50% community property) is the individual who retaliated against me by filing this lawsuit on August 15, 2005. He and Robert Kory, and I have evidence of this fact, were well aware that I reported the allegations that he committed criminal tax fraud to IRS on April 15, 2005. Agent Bill Betzer appears in Neal Greenberg's June 2005 lawsuit. I also spoke with the Kentucky Revenue Cabinet prior to that. They assured me that Traditional Holdings, LLC is a partnership and I am a partner. They also advised me to place the non-revocable assignments in a safety deposit box. Those are the assignments Leonard Cohen signed transferring all intellectual property assets into Blue Mist Touring Company, Inc. He personally (and his wholly owned LC Investments, LLC) collected royalties related to those assets but he failed to address this fact in the Complaint or fraudulent financial ledger submitted to the Court. I was not served Leonard Cohen's lawsuit. The proof of service is evidence of fraud. The perjury and lies over this matter continue to mount and I do believe Judge Hess should address these issues.
The reason it took me so long drafting the Motion for Terminating Sanctions is due to the fact that this is a 10 year old case and the lies are inconceivable. A tremendous amount of evidence was concealed. And, it took me approximately two years to obtain the March 23, 2012 hearing transcript where Cohen testified that I never stole from him - just his peace of mind. Gianelli and Walsh's harassing arguments excusing this testimony is absurd. The ledger covers the year 2004 as well as many other years. I personally believe that Judge Hess should understand precisely what has gone on here. How could he rule otherwise?
My legal documents were double spaced. Some of the exhibits were single spaced. It's fascinating that perjury and fraud are acceptable but issues related to single or double spacing are now the problem. Leonard Cohen has tactics. He has willfully attempted to run statutes. He has abused the litigation process and used fraudulent restraining orders to silence, discredit, and undermine my credibility. I am not interested in your client. We were not lovers. Sexual harassment and indecent exposure, regardless of what the City Attorney's office believes, are not elements of a dating relationship. The registration of the Colorado domestic violence order is fraudulent. The original Colorado order is not a domestic violence order. The original order, which I found out after the hearing, was based on fraud and perjury. I addressed that in my Motion to Quash and the judge should have vacated the order I asked her to enter based on the "insanity" I was witnessing. I didn't agree to any order based on fraud or perjury and was unaware of Cohen's declaration at the time of the hearing. Cohen was in the midst of a European tour when he flew into Boulder Colorado the day after he threatened to sue journalist Ann Diamond. I worked with Cohen for 20 years and never once saw any evidence that she was stalking him. I was privvy to details about the incident that took place with Freda Guttman in Montreal. That matter did not involve me and I am not the individual who raised those allegations.
It's fascinating that Gianelli knows how many words are contained in the documents filed with Judge Hess. The Motion for Terminating Sanctions was filed on or about March 17, 2015. The hearing is scheduled for June 23, 2015 so I think five months is enough time for the Court to have the opportunity to review the documents. The declarations are quite straightforward. Perhaps that's why Stephen Gianelli and Susasnne Walsh have criminally harassed every witness who provided me with a declaration. I was under the impression that witness tampering and intimidation were criminal acts. In fact, FBI confirmed that for me personally. We also discussed the evidence Neal Greenberg's lawyer has proving that Leonard Cohen, Robert Kory, and others engaged in criminal witness tampering and conspired to have me falsely arrested on May 25, 2005 when SWAT rolled by and concluded that my dog was my hostage and they were taking precautions. That matter will be addressed more fully in my federal RICO lawsuits.
The Motion to Terminate, based on the binder fasteners I used, easily total 4 volumes. I was forced to address all of the perjury and fraudulent information presented to Judge Hess. You and your co-counsel raised what I thought were inconceivably bizarre responses to my Motion to Vacate that addressed a failure to serve me the lawsuit. I provided the Court with a Case History so that the Court understood what had actually unfolded. You and your co-counsel raised Neal Greenberg's lawsuit in Colorado (raising issues related to extortion, conspiracy, bribery, witness tampering, etc. related to your client and Robert Kory), and many things - including IRS and federal tax matters. Therefore, I was forced to address those matters. You and your co-counsel raised the fraudulent domestic violence related orders the Court (without the benefit of a hearing) granted two of Cohen's lawyers. Those will now be addressed in my motion to vacate the fraudulent domestic violence order. Your client raised the issues or referred to many documents - such as the Complaint itself, fraudulent financial ledger, original declarations, and so forth. Therefore, the Court must understand this because Judge Hess appeared to have read the documents you and your co-counsel filed. If the Court does not understand this then I will be only too happy to go through the documents with him at the hearing and explain it. The corporate documents are attached because Leonard Cohen's declaration falsely accuses me of misappropriating monies from him and receiving overpayments for my services as his personal manager. That is a bald faced lie. I have an ownership interest in Blue Mist Touring Company, Inc., Traditional Holdings, LLC, and Old Ideas, LLC. I do not have an ownership interest in LC Investments, LLC and the K-1s transmitted to IRS and State of Kentucky are evidence of fraud. The summary of fraudulent misrepresentations could have been clearer. I will grant you that. However, I do not have the rest of my life to spend on this matter and given the fact that every word in the Complaint, and every other document, is a lie I think I've done a fairly decent job of responding in a relatively straightforward manner. There are six additional declarations and many of them address the fact that I was not served and did not resemble the individual in the proof of service. If you continue to lie about this issue, and LA Superior Court does not address it, there are more witnesses (including Tibetan lamas who visited me), Chad Knaak, etc. who can provide me with declarations for my federal RICO lawsuit proving that the lies continue to mount.
Leonard Cohen placed the burden on the Court when he retaliated against me with this Complaint and moved offensively in the news media with one of the most ridiculous set of accusations I have ever heard. Then again, as Phil Spector always asked with respect to hit singles - is it dumb enough? I suppose the answer in this case is yes because the news media has regurgitated Leonard Cohen's lies endlessly. That would include the lies that he was broke when he was not and he personally borrowed (or caused to be expended - on his personal transactions fees, etc.) at least $6.7 in assets belonging to the so-called retirement account. Leonard Cohen is NOT the corporate entity. His fraudulent tax refunds have been challenged as fraud. These issues will be litigated in federal court. Federal tax matters have been implicated.
I intend to file Linda Carol's declaration with Judge Hess; with the motion to vacate the fraud domestic violence matter; and it will be filed in Paulette Brandt's Small Claims matter. The mediator in the Small Claims matter, after witnessing Karfina Von Watteville screaming about Leonard Cohen and Robert Kory (other matters that were not "evidence" in the Small Claims matter), advised me personally to address this with the Court. She seemed to know what she was talking about. And, Karina Von Watteville did phone Robert Kory, Cohen's lawyer, after receiving Paulette Brandt's rent demand letter. We will now address that situation with Judge Hess in a supplemental declaration to be filed before the hearing in June.
The Answer to the Complaint was filed with these documents. I'm sure Judge Hess can see that when he reviews the exhibit index I provided as a courtesy to the Court. I was certain to provide the Court with a case index. I know you're a real stickler for details although you appear to have problems with service, failure to uphold your promises, and seem to serve me documents that were not filed, or file documents you failed to serve me. You argue that I had not agreement to serve the Motion to Vacate electronically but feel that Michelle Rice had the right to serve me - without an agreement - other documents. I was not served Leonard Cohen's complaint. I find it outrageous that Michelle Rice, who does not know me, provided the District Court in Denver with Phil Spector's address for me. I did not provide that information to the Court and she knew I resided in Colorado. I asked the Court - in the alternative - to permit me to file a Motion for a New Trial.
Karina Von Watteville infests apartments with cock roaches. She trash picks. I can assure you that this is not my problem but it is a fact Linda Carol addressed in her declaration. I have no idea why Von Watteville was screaming about Leonard Cohen and Robert Kory at both hearings or waving around my cease and desist letters (with IRS, FBI, and DOJ copied in) based on her conduct following receipt of Paulette Brandt's rent demand letter. If you have any thoughts, let me know. I don't intend to speculate because I do NOT know this woman. I did not write Linda Carol's declaration.
The City Attorney was more than happy to lie about me through my alleged 2012 trial. I will repeat that my public defender informed me that he felt the City Attorney was attempting to sabotage IRS; discredit me; and the DA was involved because they don't want the Phil Spector verdict overturned. He also told me he felt there might have been a jury plant on the jury; at least one jury relied on the prosecutor's lies about corporate assets (after being advised by the judge not to); and the jurors wanted to hear from IRS. Unfortunately, Judge Vanderet did not seem to believe that i was entitled to present defense or impeachment witnesses. That would include, Agent Luis Tejeda of IRS. Your client and Kory are clear - Agent Tejeda is the head of fraud for the Western Division of the United States. And, I am now clear - your client used the fraudulent Complaint to defend himself against allegations of criminal tax fraud with Agent Tejeda. The Complaint was presented to him. IRS is not a Court so that's not fraud - the entire Complaint is perjury before iRS and will be addressed as such in my federal RICO lawsuit. Since I discovered these facts during my 2012 trial (when Streeter blindsided my lawyers, mid-trial, with the "IRS Binder") I am well within the RICO statutes.
While Stephen Gianelli, my stalker who criminally harasses and attempts to intimidate many LA residents (and others), doesn't know where I live, do use Paulette Brandt's mailing address for service or simply email me. We have agreed to email service and discussed the fact that it wasn't necessary to mail the documents as well - unless someone had a problem opening them. You assured Paulette Brandt recently that you received all the documents I asked her to serve and confirmed with you.
Let me know if you have any other questions.
Kelley Lynch
P.S. The reason Linda Carol's declaration will be submitted to Judge Hess is because I want him to understand what Leonard Cohen, and the Court itself due to the default, has exposed me to. It has exposed me to people like Karina Von Watteville who concerned Linda Carol when she became obsessed with me after receiving Paulette Brandt's rent demand letter. That was before I sent her the handful of cease and desist letters copying in IRS, FBI, and DOJ. If she wants to lie about that in Court - sobeit. I will present that evidence to ICE. I personally people who have been granted green cards should not engage in misconduct with our court system. That's just my personal opinion.
P.S. The reason Linda Carol's declaration will be submitted to Judge Hess is because I want him to understand what Leonard Cohen, and the Court itself due to the default, has exposed me to. It has exposed me to people like Karina Von Watteville who concerned Linda Carol when she became obsessed with me after receiving Paulette Brandt's rent demand letter. That was before I sent her the handful of cease and desist letters copying in IRS, FBI, and DOJ. If she wants to lie about that in Court - sobeit. I will present that evidence to ICE. I personally people who have been granted green cards should not engage in misconduct with our court system. That's just my personal opinion.
Case Number: BC338322
LEONARD NORMAN COHEN ET AL VS KELLEY A LYNCH ET AL
Filing Date: 08/15/2005LEONARD NORMAN COHEN ET AL VS KELLEY A LYNCH ET AL
Case Type: Fraud (no contract) (General Jurisdiction)
Status: Default Judgment Pursuant to Decl. 05/09/2006
Parties
COHEN LEONARD NORMAN - Plaintiff/Petitioner
EDELMAN SCOTT A. ESQ. - Former Attorney for Pltf/Petn
KORN JEFFREY W. ESQ. - Attorney for Plaintiff/Petitioner
LEONARD COHEN INVESTMENT LLC - Plaintiff/Petitioner
LUCAS NANCY E. ESQ. - Attorney for Defendant/Respondent
LYNCH KELLEY A. - Defendant/Respondent
WESTIN RICHARD A. - Defendant/Respondent
---------- Forwarded message ----------
From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Fri, May 8, 2015 at 11:13 AM
Subject: RE: Kelley Lynch email dated Thursday, May 07, 2015 9:15 AM
To: Kelley Lynch <kelley.lynch.2010@gmail.com>
Since the Criminal Stalker is lying, this is also a lie. Gianelli belongs in prison.
Subject: RE: Kelley Lynch email dated Thursday, May 07, 2015 9:15 AM
To: Kelley Lynch <kelley.lynch.2010@gmail.com>
Ms. Lynch,
It is not difficult to draft lengthily law and motion papers. The hard part is editing the entire filing down to the minimum you need to establish the grounds for the relief you are requesting and nothing more.
The rules of court require that all pleadings – including declarations – be produced with 13 point font and be double spaced. Your 109 page declaration is almost novel length. It contains 43,977 words (without exhibits).
To put this into perspective, a brief on appeal to the California Court of Appeal may not exceed 14,000 words. (CRC, rule 7.204(a).) Your declaration is more than THREE TIME that length.
In contrast to an appeal, where the court of appeal and its staff devote many hours reading an analyzing the pleadings filed by the parties, in a law and motion matter the court has a large number of matters to prepare for a day or two before each law and motion calendar and typically devotes an average of a maximum of half an hour to each motion. A complex motion, like a summary judgment motion, typically requires a bit more court time but not much more.
You have already filed lengthy points and authorities, a 43,977 word Declaration of Kelley Lynch with over 60 exhibits, many described as entire “binders”. And your initial filing also includes numerous additional pleadings, some of them quite lengthy, including your summary of the unadjudicated allegations of a federal district court complaint, a so called “summary of fraudulent misrepresentations”, magazine articles, corporate documents, and six additional declarations.
Moreover, you have made no effort to reference this oppressively voluminous material by page and line number in your legal arguments, nor does your legal memorandum provide a factual summary supported by page and line references to your submitted evidence.
The burden you would place on the court, to cull through all of this material – much of it extraneous and irrelevant to your motion – and attempt to locate relevant passages is already impermissibly great.
Now you are suggesting that you are going to file the Linda Carol declaration, which is a character assassination of a stranger to your lawsuit with Leonard Cohen in a supplemental filing with the court in support of your motion to vacate and dismiss, and in the alternative for leave to file your proposed answer?
And you expect this information that someone named Karina Von Watteville, who you claim not to know, invested various apartments with cockroaches and bedbugs is somehow relevant to your pending motion to vacate because she allegedly spoke with Leonard Cohen’s manager Robert Kory about you earlier this year?
And you think that the City Attorney needs to take time out of his busy day to read up on all of this?
You have always been, and continue to be, your own worst enemy.
Stephen R. Gianelli
Attorney-at-Law (ret.)
Crete, Greece
From: Kelley Lynch [mailto:kelley.lynch.2010@
Sent: Thursday, May 07, 2015 9:15 AM
To: STEPHEN R. GIANELLI; *IRS.Commisioner; Washington Field; ASKDOJ; 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; USLawEnforcement@google.com; Feedback; mike.feuer@lacity.org; mayor.garcetti
Subject: Re: Kelley Lynch and Linda Carol emails of today
Sent: Thursday, May 07, 2015 9:15 AM
To: STEPHEN R. GIANELLI; *IRS.Commisioner; Washington Field; ASKDOJ; 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; USLawEnforcement@google.com; Feedback; mike.feuer@lacity.org; mayor.garcetti
Subject: Re: Kelley Lynch and Linda Carol emails of today
Mike Feuer,
The criminal harassment continues with respect to many LA residents. I've privately sent you the updated version of Carol's declaration. That will be submitted to Judge Hess, Small Claims Court, and attached to my motion to vacate the fraud restraining order. It is relevant for a number of reasons and one of those is that it has exposed me to ever scumbag liar on earth. The truth is the defense and the truth is on my side here. Furthermore, Linda Carol wrote an honest declaration. She has advised this Criminal Stalker to cease and desist. Your office also exposed me to this insanity. Leonard Cohen will also be sued over Gianelli's latest blog lying about me. He shouldn't rely on anyone in my life to support his deranged insanity. This man has engaged in egregious criminal witness tampering. He is obviously an unofficial member of Cohen's legal team and I agree with Investigator Frayeh - he probably found a sympathetic ear with "Alan Jackson" about me. Stephen Gianelli, as everyone knows, is a criminal who belongs in prison. His obsession with me is out of control. Too bad we're not celebrities with motive and a checkbook. If we were, LAPD's TMU would be working over time for the citizens of LA who are being criminally harassed, stalked, slandered, and threatened. Karina Von Watteville will legally rue the day she called Robert Kory. She's not the only person who can file a lawsuit. She's currently busy attempting to gain a home from an elderly man's estate. She has a hearing coming up in that matter and I intend to subpoena any discovery.
Kelley Lynch
On Wed, May 6, 2015 at 10:58 PM, Kelley Lynch <kelley.lynch.2010@gmail.com> wrote:
IRS, FBI, and DOJ,
I intend to file Linda Carol's declaration with my supplemental declaration for Judge Hess; it will be attached to my motion to vacate the fraud domestic violence order; and will now be submitted with the declaration I intend to provide the Court in the Small Claims matter. The mediator advised me to bring Karina Von Watteville's insanity to the Court's attention - that includes her statements about Leonard Cohen and Robert Kory that she evidently viewed as "evidence' since that is what she was supposed to be discussing with the mediator.
For the record, I didn't create the Wanted Poster, am not in third grade, but if I did, I think this photograph is more appropriate based on what I've heard from numerous witnesses. Gianelli has once again been advised to cease and desist. The Criminal Stalker has a new client that totally fits his insane personality that includes being a chronic liar and stalker. This man belongs in prison.
Kelley
On Wed, May 6, 2015 at 10:55 PM, Kelley Lynch <kelley.lynch.2010@gmail.com> wrote:
Gianelli,
For the record, if you're not clear why this is going to be attached to my motion to vacate the fraud domestic violence order, that's your problem. This situation has exposed me to dangerous lunatics like yourself and Von Watteville. It will also be submitted with my supplemental declaration to Judge Hess. I see your a lawyer who lies when his fingers are typing. I didn't create the Wanted Poster, psychopath. I wouldn't include an old, out of date photograph of your client. I think anyone creating a Wanted Poster would include this photograph from your client's blog. Cease and desist.
Kelley Lynch
2. You previously stated that Ms. Carol’s declaration was prepared for you to file in support of your “motion to vacate the fraud domestic violence order” (as you put it) issued by a Colorado Court in 2008 and registered in California pursuant to Family Code §§ 6401 and 6404(a), and you did not claim that the Carol declaration was filed in support of Paulette Brandt’s small claims proceeding until I pointed out to you that registration of the Colorado order in California on May 25, 2011 was a ministerial act, and that expunging it from CLETS would turn on a legal question not a factual one, let alone the alleged character of a third party who you did not even know until two years later. Therefore, should Ms. Watteville file suit as I have advised her she has a right to do, your transparent change of stories about why the declaration was created will be damaging to your credibility.
On Wed, May 6, 2015 at 10:45 PM, Kelley Lynch <kelley.lynch.2010@gmail.com> wrote:
FBI,
Since the Criminal Stalker is lying, this is also a lie. Gianelli belongs in prison.
Kelley
A copy service receipt formerly in Ms. Brandt’s possession for the production of the flier (52 known copies of which were gathered and returned to Ms. Von Watteville, with many more distributed) also establishes Ms. Brandt’s involvement not only in the production and distribution of the flier, but in the larger effort to damage Ms. Von Watteville’s reputation in aid of persuading her to pay the alleged back-rent.
On Wed, May 6, 2015 at 10:44 PM, Kelley Lynch <kelley.lynch.2010@gmail.com> wrote:
Gianelli,
I didn't create the "Wanted Poster." You've got the perfect client - a degenerate liar from what I can tell. Cease and desist, Criminal. I've heard Von Watteville has defrauded other people so she seems to have what you might call enemies. Von Watteville doesn't look like that photograph however. That's why I believe it's possible she actually created it. What person attempting to slander her would make her look glamorous when she's old, out of shape, and totally unattractive from my perspective.
ICE certainly grants green cards to people willing to defraud others and lie in courts. That is completely obvious to me. Your criminal witness tampering with witnesses will now be addressed further with Judge Hess.
Kelley Lynch
On Wed, May 6, 2015 at 10:40 PM, Kelley Lynch <kelley.lynch.2010@gmail.com> wrote:
IRS, FBI, and DOJ,
I had nothing to do with this insanity. In front of the mediator, Von Watteville blamed Paulette Brandt. I think she created it herself. Gianelli, the stalking liar, is now falsely accusing me and Linda Carol. That is a bald faced lie. Every word out of this Criminal's mouth is a bald-faced lie. The so called "Wanted Poster" will now be addressed in my declaration to Small Claims Court. The mediator, and I will advise the judge of this, told me to bring this situation to the attention of the Court.
All the best,
Kelley.
On Wed, May 6, 2015 at 10:38 PM, Kelley Lynch <kelley.lynch.2010@gmail.com> wrote:
DOJ,
Are you following this insanity? Gianelli continues to harass me, Paulette, and Linda. The declaration will be submitted to Judge Hess, Small Claims Court, and attached to the motion I am filing re. the fraud domestic violence matter. Isn't fraud a deportable offense? Gianelli is the scum of the earth. Unfortunately for him, every word in Linda Carol's declaration is factual and there are other witnesses who can support these facts. I've now provided you with an updated version. Linda Carol has advised this Criminal Stalker to cease and desist. Von Watteville has been advised to cease and desist.
All the best,
Kelley
On Wed, May 6, 2015 at 10:36 PM, Kelley Lynch <kelley.lynch.2010@gmail.com> wrote:
Cease and desist, Gianelli and Von Watteville.
Paulette Brandt didn't allow me to do anything. Linda Carol advised you to cease and desist. Paulette Brandt has done the same. I am not involved in this matter and have every right to put a factual declaration, that will be submitted to more than one department at LA Superior Court, on my evidence blog. This declaration is covered by the litigation privilege and the mediator (after hearing Von Watteville ranting about Leonard Cohen and Robert Kory) advised me to bring this to the attention of the Court. Von Watteville clearly condones this criminal harassment since she has been copied in on many emails. I do not know this woman who has lied about and slandered me. Is she now providing you with photographs? How vile. A woman Paulette helped who was about to end up homeless joined forces with you and Robert Kory and then defrauded Paulette Brandt of $6,700.
You have not entered a formal appearance in the fraudulent domestic violence order. I have provided Judge Hess with evidence that Cohen/Kory planned to use fraud restraining orders to discredit me as early as June 2005. LA Superior Court already advised me that Cohen was not permitted to register a non-domestic violence order (I requested prior to reading his perjured declaration) as a domestic violence order in California. Share your research with Cohen's lawyers since you are clearly an informal member of his defense team.
Tell it to the Judge, Gianelli because the declaration will be presented to the judge in Small Claims Court, Judge Hess, and the fraud restraining order matter. Von Watteville's targeting me over this issue (and contacting Cohen's lawyer) is a serious legal issue.
Cease and desist.
KelleyLynch
On Wed, May 6, 2015 at 9:48 PM, STEPHEN R. GIANELLI <stephengianelli@gmail.com> wrote:
Ms. Lynch,
1. If, as you say, Linda Carol prepared a declaration at the request of Paulette Brandt, and Ms. Brandt allowed you to post it on your blog and then to email it to the media and to others, Ms. Brandt is legally responsible for the unprivledged publications of the email.
2. You previously stated that Ms. Carol’s declaration was prepared for you to file in support of your “motion to vacate the fraud domestic violence order” (as you put it) issued by a Colorado Court in 2008 and registered in California pursuant to Family Code §§ 6401 and 6404(a), and you did not claim that the Carol declaration was filed in support of Paulette Brandt’s small claims proceeding until I pointed out to you that registration of the Colorado order in California on May 25, 2011 was a ministerial act, and that expunging it from CLETS would turn on a legal question not a factual one, let alone the alleged character of a third party who you did not even know until two years later. Therefore, should Ms. Watteville file suit as I have advised her she has a right to do, your transparent change of stories about why the declaration was created will be damaging to your credibility.
3. At the time the declaration was created, there was no small claims action involving Ms. Von Watteville pending, and Ms. Brandt’s rent claim against Ms. Watteville had already been dismissed “with prejudice” by the court pursuant to the applicable statute of limitations. Moreover, even if Ms. Von Watteville’s alleged propensity to live in filth and to infect her living quarters with bugs was somehow logically connected to Paulette Brandt’s prior claim for back rent (it wasn’t), the litigation privilege would not apply to its publication outside the litigation, including to Kelley Lynch, and its foreseeable republication by Ms. Lynch in emails to the national media and to others and on her blog. (See Rothman v. Jackson (1996) 49 Cal.App.4th 1134, 1145-1146 [The “communicative act . . . must function as a necessary or useful step in the litigation process and must serve its purposes.” Statements outside the litigation to the press are not subject to the privilege either.]
4. Ms. Carol (according to your email communications, copied to her – which she has not denied) - additionally published to you additional scurrilous and defamatory statements about Ms. Watteville, which, as you helpfully point out, were not included in the declaration at all. There is therefore no arguable litigation privilege for Ms. Carol’s defamatory assertions that Ms. Von Watteville is a prostitute, involved in the porn industry, is guilty of fraud and (allegedly) habitually fails to pay her bills or your foreseeable republication of them on your blog and in mass emails to the media and to others.
5. Some of these allegations predated Ms. Carol’s move into Ms. Brandt’s apartment and appear to have originated with Ms. Brandt, including the allegation that Ms. Von Watteville brought garbage and cockroaches into the apartment and that Ms. Von Watteville was defrauding the estate of an elderly man, which is also false. Moreover, the attached false and malicious flier was distributed in Ms. Von Watteville’s neighborhood and has a unique photograph embedded in it taken by Ms. Brandt that could only have been supplied by her. A copy service receipt formerly in Ms. Brandt’s possession for the production of the flier (52 known copies of which were gathered and returned to Ms. Von Watteville, with many more distributed) also establishes Ms. Brandt’s involvement not only in the production and distribution of the flier, but in the larger effort to damage Ms. Von Watteville’s reputation in aid of persuading her to pay the alleged back-rent. The allegations in the flier are very similar to the general allegation that Ms. Carol, acting through Ms. Lynch, have made in mass emails and in blog posts that Ms. Von Watteville is guilty of “fraud”.
6. For all of these reasons, I have advised Ms. Von Watteville that she has a good and meritorious cause of action against Paulette Brandt, Kelley Lynch and Linda Carol for libel per se. Whether or not Ms. Von Watteville decides to devote the time and energy to pursuing this meritorious cause of action in a court of general jurisdiction is up to Ms. Von Watteville and remains to be seen. Because I am retired and living abroad I cannot appear in any such action on her behalf, but have offered my technical legal assistance with any such lawsuit until such time as she retains counsel.
7. As for the small claims action, for the reasons stated in Ms. Von Watteville’s Answer to Ms. Brandt’s “motion for a new hearing” filed and served by mail on Ms. Brandt yesterday, that proceeding has been finally determined and is over. The court lacks jurisdiction to hear, let alone grant Ms. Brandt’s new trial motion.
8. Regarding Ms. Carol’s emailed statement of today, stating: “I don’t have any idea what you are talking about”, playing dumb and denying the obvious are not likely to immunize Ms. Carol from a likely substantial damage award for her participation in the malicious effort to damage Ms. Von Watteville’s reputation.
Very truly yours,
Stephen R. Gianelli
Attorney-at-Law (ret.)
Crete, Greece
From: Kelley Lynch [mailto:kelley.lynch.2010@
Sent: Thursday, May 07, 2015 12:40 AM
To: linda carol; Stephen Gianelli; *IRS.Commisioner; Washington Field; ASKDOJ; 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; USLawEnforcement@google.com; Feedback; mike.feuer@lacity.org; mayor.garcetti
Subject: Re: (no subject)
Sent: Thursday, May 07, 2015 12:40 AM
To: linda carol; Stephen Gianelli; *IRS.Commisioner; Washington Field; ASKDOJ; 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; USLawEnforcement@google.com; Feedback; mike.feuer@lacity.org; mayor.garcetti
Subject: Re: (no subject)
Stephen Gianelli,
I am advising you to cease and desist harassing me and my friends. I do not know Karina Von Watteville. You have no idea where I live. I view this email to Linda Carol as blatant witness tampering. Your slander, threats, intimidation tactics, etc. will now be brought to the attention of the Court. Linda Carol prepared a declaration for Paulette Brandt and you have relentlessly harassed us over this matter. Karina Von Watteville did not know you. She contacted Robert Kory, after receiving Paulette Brandt's rent demand letter, and ended up being legally assisted by you - in defrauding Paulette Brandt. Linda Carol's declaration will have litigation privilege as it is being submitted to the Court in the Small Claims matter. It is factual.
Your threats are also going to be reported to the State Bar since you are the individual, with Von Watteville, who is lying and who has targeted me (and others - including my sons) for six straight years now. You definitely appear to be part of Cohen's informal defense team. That would explain your legal research and opinions I am constantly harassed with related to Cohen matters.
Cease and desist.
Kelley Lynch
On Wed, May 6, 2015 at 1:53 PM, linda carol <lindacarol184@gmail.com> wrote:
---------- Forwarded message ----------
From: "STEPHEN R. GIANELLI" <stephengianelli@gmail.com>
Date: May 5, 2015 11:10 AM
Subject:
To: <lindacarol184@gmail.com>
Cc:
From: "STEPHEN R. GIANELLI" <stephengianelli@gmail.com>
Date: May 5, 2015 11:10 AM
Subject:
To: <lindacarol184@gmail.com>
Cc:
Ms. Carol,
1. The fact that some of the more salacious defamatory statements you have uttered were omitted from your “declaration” does not affect your civil liability. Even verbal, nonprivileged, defamatory statements published to a third party can get you sued for libel – especially when made to someone like Kelley Lynch who is notorious for maliciously using her blogs and mass emailing’s (routinely copied to the national and Los Angeles media and others) as a platform to attempt to ruin the reputations of those who she feels have crossed her in some way (in this case by “calling Robert Kory”). Stated another way, a reasonable person who has been living in close quarters with Kelley Lynch since 2013 would have foreseen that your verbal and written defamatory statements about Karina Von Watteville would be re-published by Ms. Lynch to a mass audience in mass emails and on the world-wide-web – which is exactly what happened, and Google, as they say, is forever.
2. Do you really want to spend the next years of your life slogging it out in court with Kelley Lynch, as Ms. Lynch has for the past few years? For what? To get even with Ms. Von Watteville? Respectfully, where is the upside for you in all of this?
3. If you do get sued, you only have yourself to blame.
Stephen R. Gianelli
Attorney-at-Law (ret.)
Crete, Greece
