Thursday, June 18, 2015

Rutger Penick's Letter to Judge Robert Hess Re. Leonard Cohen Case No. BC338322

                                                                        14 June 2015

Judge Robert Hess
Los Angeles Superior Court
Department 24
111 N. Hill Street
Los Angeles, California  90012

Re:  Kelley Lynch – Case No. BC338322

Dear Judge Hess,

I am writing to confirm that I prepared and provided my mother, Kelley Lynch, with the declaration attached hereto.  I was unavailable to provide the actual physical signature on this document prior to the date my mother submitted her Motion for Terminating Sanctions.  I therefore provided her with my limited power of attorney which authorized her to conform my signature on the declaration.  I also provided her with the signature page which I understand she now intends to submit to the Court.  I can attest hereto that the attached declaration, which is identical to the declaration submitted to this Court with Kelley Lynch’s Motion for Terminating Sanctions, was initially submitted with my full authorization and consent.  I am willing to provide the Court with a notarized copy of this declaration if necessary.

I would also like to confirm that, while I was unavailable to attend the January 17, 2014 hearing in this case, I was willing to testify telephonically.  At the time of the hearing, I was in the process of getting married, working a full time job, and studying for work.  I had also relocated back to Los Angeles from Florida and that caused other constraints on my time and availability.  I am presently in the Los Angeles area and available to testify at any future hearings if asked to do so.  In fact, I am attempting to arrange my schedule so that I may attend the June 23, 2015 hearing in this case.

If you have any questions, please feel free to contact me directly at REDACTED.

Thank you.

                                                            Very truly yours,
                                                            /s/ John Rutger Penick

1.        I am a citizen of the United States who currently resides in Los Angeles, California.  I am the son of defendant, Kelley Ann Lynch.  I am over the age of 18 years.  I have personal knowledge of the facts contained in this declaration and if called upon to testify I could and would testify competently as to the truth of the facts stated herein.
2.        My mother and I lived at 2648 Mandeville Canyon Road, Los Angeles, California, from approximately November 1997 until December 28, 2005.  My brother, Ray Charles Lindsey, lived with us until May 25, 2005.  We lived in this home during the summer and fall of 2005.  On December 28, 2005, we were evicted by the Los Angeles Sheriff’s Department. 
4.        At no time did my mother and I have a female “co-occupant” who resembled the individual described in the Proof of Service related to Leonard Cohen’s lawsuit. 
5.         No one in our house was ever advised to evade service and this was never discussed. 
6.         The individual the process server alleges to have served, under penalty of perjury, is described as Jane Doe, white female, 5’ 7”, 135 pounds, blonde hair, black eyes - co-occupant.  No such individual resided with my mother and I during this period of time or at any other time during our residency in this home.  I am unaware of any individual who matches the description provided by the process server in this matter.   On August 24, 2005, my mother did not match this description. 
7.         In the late summer and fall of 2005, Chad Knaak stayed with us.  Chad and I have been friends since childhood.
8.        The process server has stated, under penalty of perjury, that he attempted to serve the summons and complaint in the above referenced matter on August 17, 19, 20, 21, 22, and 23, 2005 and notes that no one was home.  My mother, Kelley Lynch, was home at all times during this period.  As I lived with my mother, and was home at some point every day, I can unequivocally state that my mother was home each and every day throughout the summer and fall of 2005.  My mother had been in two car accidents, neither due to any fault on her part, and did not have transportation throughout most of the summer and fall of 2005.  Her car was completely destroyed and I, and others, brought food and other items home as she had no transportation.  Our house was located quite far up Mandeville Canyon Road and my mother would have had to walk miles to a store.  My mother also did not have any money at this time for any form of transportation, her phone, electricity, and other bills.  
9.         In the spring of 2005, and the month of August specifically, my mother wore her hair very dark brown, almost black, and extremely short.  She continued to wear her hair in this manner throughout the summer and early fall of 2005.  Paulette Brandt visited us regularly and would bring food for the animals and hair dye for my mother.  During the summer and fall of 2005, and the month of August specifically, my mother was very thin, had blue eyes, and was approximately 5’6” tall.
10.       On or about August 16, 2005, I became aware of Leonard Cohen’s lawsuit against my mother because my stepfather, Steve Lindsey, called a friend of mine who brought it to her attention.  Chloe Favella called me about the lawsuit and I told my mother who said she was already aware because a journalist had contacted her.  Paulette Brandt also printed out news articles and brought them when she visited.
11.       On August 24, 2005, a little over a week after Leonard Cohen filed his lawsuit, my mother came into my room and asked my friend Chad Knaak if he would phone Leonard Cohen’s lawyer and leave a message from her.  It was my understanding that my mother found his name and contact information online.  She had handwritten the information on a piece of paper and handed it to Chad.  My mother’s phone had been shut off and she was unable to place the call personally.  I was present when my mother asked Chad to call Cohen’s lawyer to advise him that she had not been served Leonard Cohen’s lawsuit and explain to him that IF he attempted to serve her the lawsuit she would hold him personally accountable.  Although I do not know who answered the phone, I distinctly heard Chad tell the individual on the other end of the line that my mother had not been served Cohen’s lawsuit and IF this lawyer attempted to serve her the lawsuit she would hold him personally accountable.  My mother was present for this call as well.  Chad was very professional with the individual he spoke with.  I all recall my mother asking him to be polite during the call. 
12.       It is my understanding that my mother was never served Cohen’s lawsuit.  Since the summer of 2005, my mother has continually advised me that she was not served Leonard Cohen’s lawsuit and had no idea what the actual allegations were until the Complaint was posted online when she visited me at some point in 2010.  I know this situation frustrated her and, from what I recall, Leonard Cohen’s lawyers refused to speak with my mother.  She would borrow my phone to attempt to speak with them and I was present for quite a number of these calls.
13.       At the beginning of October 2005, our internet service was shut down and my mother would have to ask people to borrow or use their computer so she could check her emails and respond to those she received. 
14.       On December 28, 2005, the Los Angeles Sheriff’s Department evicted us from our home.  My mother ended up homeless in Santa Monica for approximately 8 months.  I went to live with family friends in Brentwood, California.
15.       Although this is out of chronological order, at some point in the fall of 2004, based on Leonard Cohen’s statements to City National Bank, my personal bank account had a freeze places on it and was closed.
16.       In or around January 2012, I visited my mother in Berkeley, California.  At that time, I delivered boxes of evidence (and other items) I stored in my Los Angeles, California storage center since we were evicted from our home in December 2005.  Until that time, my mother had no personal access to these documents.
17.       I am aware that on April 15, 2005, my mother reported the allegations that Leonard Cohen committed criminal tax fraud to Internal Revenue Service.
I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.
This declaration is executed on this 9th day of March 2015 in Los Angeles, California.

                                                            JOHN RUTGER PENICK