Tuesday, September 22, 2015

The Cover Your Ass Operation

From: Kelley Lynch <kelley.lynch.2010@gmail.com>
Date: Tue, Sep 22, 2015 at 12:13 PM
Subject: Kelley Lynch vs. Leonard Cohen, et al. (RICO)
To: Michelle Rice <mrice@koryrice.com>, STEPHEN GIANELLI <stephengianelli@gmail.com>, "*IRS.Commisioner" <*IRS.Commisioner@irs.gov>, Washington Field <washington.field@ic.fbi.gov>, ASKDOJ <ASKDOJ@usdoj.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>, Harriet Ryan <harriet.ryan@latimes.com>, "hailey.branson" <hailey.branson@latimes.com>, Stan Garnett <stan.garnett@gmail.com>, Mike Feuer <mike.feuer@lacity.org>, "mayor.garcetti" <mayor.garcetti@lacity.org>, Opla-pd-los-occ <OPLA-PD-LOS-OCC@ice.dhs.gov>, Whistleblower <whistleblower@judiciary-rep.senate.gov>, Attacheottawa <AttacheOttawa@ci.irs.gov>, tips@radaronline.com, Paulmikell.A.Fabian@irscounsel.treas.gov

Michelle Rice and Stephen Gianelli,

I view this ongoing harassment, in great part, as your Cover Your Ass Operation.  I am aware of the legal issues the Criminal Stalker (Gianelli) is harassing me over.  I raised this issue with Hess at the June 2015 hearing.  The transcript is evidence of that fact.

Cease and desist.

Kelley Lynch

From: Stephen Gianelli <stephengianelli@gmail.com>
Date: Tue, Sep 22, 2015 at 6:44 AM
Subject: Pending motion
To: Kelley Lynch <kelley.lynch.2010@gmail.com>

Ms. Lynch,

Don't be so obtuse.

Your pending motion to vacate will not turn on "the existence of a legal conspiracy".

You already knew that Judge Hess never SIGNED a written order that he directed in the 1/17/2014 minute order, AND that fact means there was no prior determination off service in this case?

Fine. But I don't think so. 

You already knew that a minute order that directs the preparation of a written order is NOT a final, appealable order? Again, I don't think so. 

This area of the law is complex and some lawyers and judges don't even understand it. I learned these things the hard way, by having an appeal dismissed and working like hell to get it reinstated. 

Try to keep your eye on the ball.

You may not think I am trying to "help" you but I assure you MR feels differently. And she is seething. 

Just read the pinpoint materials I sent you and consider my bullet points and then do what you have to do.  

Sent from my BlackBerry 10 smartphone.

From: Stephen R. Gianelli <stephengianelli@gmail.com>
Date: Tue, Sep 22, 2015 at 6:25 AM
To: kelley.lynch.2010@gmail.com

One final point re the argument that service has “already been litigated”.

I have already given you the authority for the fact that because no final appealable order was signed there is no res judicata.

In addition, Judge Hess refused to consider your moving declaration at the January 17, 2014 hearing because it was unsigned. Therefore, the motion was denied for reasons OTHER than whether you were served.

From: Stephen R. Gianelli <stephengianelli@gmail.com>
Date: Tue, Sep 22, 2015 at 3:40 AM
To: kelley.lynch.2010@gmail.com

California law is settled that pending appeal a trial court judgment is not final and will not be given res judicata effect (Code Civ. Proc.§ 1049). It therefore follows that an unsigned minute order that is not yet appealable because it directs a written order that has not yet been signed will not be given res judicata effect either. (See Restatement (Second) of Judgments § 13, comment b (the "finality" requirement for purposes of claim preclusion resembles the concept of finality for purposes of appellate review).

Therefore, there is no res judicata as to the January 17, 2014 ruling.

From: Stephen R. Gianelli <stephengianelli@gmail.com>
Date: Mon, Sep 21, 2015 at 11:12 PM
Subject: Pending motion to vacate; reply memorandum
To: kelley.lynch.2010@gmail.com

Ms. Lynch,

The minute order issued by Judge Hess on January 17, 2014 expressly directs the preparation of a written order. (See attached minute order stating, in relevant part: “Plaintiff is to submit an order”.)

As such it was not an appealable order. In re Marriage of Lechowick (1998) 65 Cal.App.4th 1406, 1410 [minute order that directs preparation of written order not final, appealable order]; in accord In re Marriage of Dupre (2005) 127 Cal.App.4th 1517  (rev. denied 7/13/05) (citing Lechowick on this point.)

Plaintiff’s counsel prepared a proposed written order as directed, but instead of submitting the proposed order to Judge Hess’ chambers for signature, and then following up to insure that it had been signed, filed and entered, and then serving you with a notice of entry of same – counsel simply attached the proposed order to a pleading styled “Notice of Lodging Court Order…” and FILED it, where is sat (and sits) through today. (See attached, endorsed filed “Notice of Lodging Court Order…”. Therefore, whoever was “lead counsel” in the matter committed a serious procedural error by not making sure that the order was submitted to Judge Hess for signature and by not following up periodically to insure its entry.
Because you COULD NOT have appealed the January 17 minute order as Judge Hess stated on June 23, 2015, and the minute order – that directs the preparation of a written order – is neither final nor binding. (See attached transcript, page 3 lines 26-28.)

Very truly yours,

Stephen R. Gianelli
Attorney-at-Law (ret.)
Crete, Greece