Kelley Lynch
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Leonard Norman Cohen, an individual, Case No.
BC338322
Leonard Cohen Investments, LLC, a Delaware Related Case No. BC341120
Limited Liability Company
Plaintiffs Department
24
vs. Judge
Robert Hess
Kelley Lynch, et al., Hearing
Date: October 6, 2015
Complaint
Filed: August 15, 2005
Defendants
PROPOSED ORDER ON
DENIAL OF PLAINTIFFS’ MOTION
FOR SANCTIONS AGAINST
DEFENDANT KELLEY LYNCH
PURSUANT TO CCP 1008(d) & CCP 128.7
Plaintiffs’ Motion for
Sanctions Against Defendant Kelley Lynch Pursuant to CCP 1008(d) and CCP 128.7
came on noticed hearing before the Honorable Judge Robert Hess, Judge of the
Los Angeles Superior Court, on October 6, 2015.
Upon consideration of the pleadings on file, Defendant’s Motion for
Terminating and Other Sanctions, Plaintiffs’ Opposition to Defendant’s Motion
for Terminating Sanctions, Plaintiffs’ Motion for Sanctions Pursuant to CCP
1008(d), and CCP 128.7, Plaintiffs’ Request for Judicial Notice, all supporting
documents, and argument of counsel, the Court denied the motion without
prejudice with respect to Plaintiffs request that the Court terminate Lynch’s
fee waiver; prevent her from filing any additional legal pleadings (unless
approved by the Supervising Judge); order her to return Leonard Cohen’s alleged
attorney/client privileged and confidential documents identified in Exhibits C
and D of Plaintiffs’ Motion to Seal Portions of the Record; order her to
certify under penalty of perjury that she no longer has in her possession any
of Plaintiffs’ attorney/client privileged or confidential documents subjecting
her to potential contempt of court sanctions; and prohibit Lynch from
disseminating or distributing any such documents to third parties.
The Court informed the Plaintiffs’
counsel: “I’m going to deny your 128.7 motion.
I don’t think that the remedies here that you propose are well-tailored
for this.” Furthermore, the Court
advised Plaintiffs’ counsel that the denial was “without prejudice to your
seeking alternative remedies on other theories, but I don’t think it’s 128.7.”
Dated: 11 November 2015 IT IS SO ORDERED:
___________________________________
Honorable
Robert Hess
Judge
of the Superior Court
STATEMENT OF KELLEY LYNCH
It was my understanding, based on the comments of the
Court at the October 6, 2015 hearing, that I had the option of submitting an
Order in this case. However, Stephen
Gianelli, an individual I do not know, emailed me the hearing transcript and
minute order. At that time, I realized
the Court ordered me to submit a Proposed Order.
On October 26, 2015, I wrote Michelle Rice, opposing
counsel, and attached a Proposed Order.
I heard nothing back. Proposed
Order A. Proposed Order A is the
aforesaid Order.
On October 30, 2015, I received a redlined copy of the
Proposed Order from Michelle Rice by Fedex Priority Overnight. The enclosed memorandum advised: “Ms. Rice asked that I send you the following
copy of the Proposed Order with her proposed changes in redline.” It did not advise me what Michelle Rice had
in mind with respect to the sentence she proposed. The following language was redlined: “I’m going to deny your 128.7 motion. I don’t think that the remedies here that you
propose are well-tailored for this.” The
Court further said that the denial of Plaintiff’s motion is [without prejudice
to your seeking alternative remedies on other theories, but I don’t think it’s
128.7]. I attempted to inquire about
this matter given the fact that I don’t understand why the Court’s own words
were highlighted. The words preceding
the redlined sentence was crossed out:
“the denial was” followed by the aforementioned highlighted statement of
the Court’s. I heard nothing back. Proposed Order B is attached hereto.
On October 30, 2015, I received a messengered envelope
from Michelle Rice. The memorandum
advised that a clean version of the Proposed Order sent fedex overnight was
being enclosed. The words “the denial
was” were removed. I asked for clarification
but again heard nothing. This is the
unprofessional conduct I have experienced with respect to every single one of
Leonard Cohen’s legal representatives. I
find it deplorable. Proposed Order C is
attached hereto.
I therefore attach my original Proposed Order together
with the Proposed Orders B and C. It is my personal opinion that the Court
itself should decide which Order to formally enter.
I declare under the penalty of
perjury under the laws of the State of California that the foregoing is true
and correct.
This Statement is executed on
this 11th day of November 2015 in Los Angeles, California.
_____________________________________________
Kelley
Lynch
PROPOSED ORDER A
Kelley Lynch Proposed Order
Rule of Court
Rule 3.1312
The opposing party or
parties must state any reasons for disapproval.
PROPOSED ORDER B
Michelle Rice red-lined copy with no explanation as to what she would like done.
PROPOSED ORDER C
Michelle Rice additional Proposed Order. No explanation.
EMAIL COMMUNICATION
WITH MICHELLE RICE
RE. PROPOSED ORDER
From: Kelley
Lynch <kelley.lynch.2010@gmail.com>
Date: Mon, Oct 26, 2015 at 3:23 PM
Subject: Fwd: FYI
To: Michelle Rice <mrice@koryrice.com>,
rkory <rkory@rkmgment.com>, "*IRS.Commisioner" <*IRS.Commisioner@irs.gov>,
Washington Field <washington.field@ic.fbi.gov>, ASKDOJ
<ASKDOJ@usdoj.gov>, "Division, Criminal"
<Criminal.Division@usdoj.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>, "Kelly.Sopko"
<Kelly.Sopko@tigta.treas.gov>, Whistleblower
<whistleblower@judiciary-rep.senate.gov>, Attacheottawa
<AttacheOttawa@ci.irs.gov>, tips@radaronline.com, Paulmikell.A.Fabian@irscounsel.treas.gov
Michelle Rice and Robert Kory,
At the end of the October 6, 2015 hearing on Plaintiffs' Motion for Sanctions,
Judge Hess advised me as follows: "If you want to submit a written
order on the denial of their 128.7 motion, you're welcome to do that."
I took that to mean that I had the option of filing a proposed order with
the Court. As you have probably determined, based on my fee waivers (in
this and other cases before LA Superior Court and the Appellate Division), I
have extremely limited financial resources. I, therefore, decided that
the Court's denial of the motion was sufficient. However, on October 19,
2015, Stephen Gianelli (who has been criminally harassing me, my sons, and
others for over six straight years) decided to transmit the hearing transcript
and Minute Order to me with certain rather disturbing comments. I
understand that Gianelli is now attempting to argue that the three of you have
not engaged in any type of potentially unlawful conduct with respect to me but
I believe the evidence proves otherwise. That will be up to a Court to
ultimately decide. I have repeatedly and continuously asked that this
conduct cease and desist. My sons were relentlessly targeted, and many
individuals continue to be, by Stephen Gianelli, Susanne Walsh (Cohen's fans),
and others. At times, Michelle Rice was copied on those harassing and
disturbing emails. I have no idea who these parties are or what their
interest in all matters related to Leonard Cohen might be.
Based upon the Minute Order, it would appear that Judge Hess
actually ordered me to submit a Proposed Order to the Court. Therefore, I
attach hereto a copy of my Proposed Order. I would like to ask you to
provide me with your comments, or any proposed changes, at your earliest
convenience.
On a separate note, I will be filing two case statements with
respect to two matters under appeal. My federal RICO suit will be filed
within the month. I have informed you that Gianelli has now begun
harassing me over this matter and I have provided you with a copy of my
Declaration to Tax Court that extensively addresses this unconscionable
situation.
Gianelli has decided to quote Michelle Rice's July 25, 2015
email. For the record, I have never stated that Michelle Rice is a child
molester. That particular issue arose when Freda Guttman questioned Ann
Diamond about certain statements her son/daughter heeard Lorca Cohen make
publicly while attending Concordia University. I personally do not
understand why this matter would be something to joke about. Ann Diamond
addressed this matter in her Declaration which was submitted to the Court in
connection with the fraudulent domestic violence order (Case No.
BQ033717). Her declaration is attached hereto for your convenience.
While I did work as Cohen's personal manager (and never business manager) when
these statements were made public, I had nothing whatsoever to do with the
statements. In fact, I asked my brother-in-law, Van Penick, to inform Ms.
Diamond that the statements were disturbing to Lorca Cohen. That resulted
in her removing the comments from her public blog. However, now that I
have been repeatedly falsely accused of making these statements, I have no
choice but to confront them.
If you intend to file any documents in the related Case No.
BC341120, I would like to remind you that that corporations are not part of the
writ of possession; TH and BMT are suspended corporations; I was not served the
summons and complaint; and Judge Ken Freeman's court reporter brought the case
to my attention. I stored, as a courtesy to Leonard Cohen, boxes of very
old business documents. In 1996, Leonard Cohen asked me to store them as
a courtesy. He was renovating his garage which was transformed into a
recording studio and guest suite. A great deal of the seized property relates
to corporate matters. Other boxes were my own files from New York or the
property of Machat & Machat, Phil Spector, and others. In October
2004, Leonard Cohen and his daughter removed all his personal and business
files from my office. That includes, but is not limited to, his archival
materials. On October 27, 2004, my lawyers notified Westin that his
client, Leonard Cohen, should make arrangements to pick up all of Cohen's
property. Cohen understood I worked from my home office on a daily basis
and stored these old documents for him. The alleged manuscript would have
been a photocopy of "Beautiful Losers" from Machat & Machat's
files. It is worth the pen and paper it was written on/with. Machat
& Machat were engaged in negotiations with respect to a potential Broadway
play and your client's work. Therefore, your client abandoned this
property and I had no legal obligation to return it. Your client had an
obligation to make arrangements to pick it up. I also phoned Scott
Edelman, who in keeping with Cohen's legal representatives disgraceful conduct,
refused to speak with me or call me back. Most of the items listed in the
writ of possession were not in my possession. Edelman refused to
communicate with me about the failure to serve me the summons and complaint in
Case No. BC338322 as well. I have asked you to provide me with a copy of
the proof of service in the related case and Steve Lindsey's declaration.
At no time did I advise Lindsey that I planned to sell anything belonging to
Cohen. I advised the IRS Commissioner's Staff that I intended to ship the
evidence to IRS in Washington, DC. As you know, and I have Kory's emails
confirming this, I reported that allegations that Cohen committed criminal tax
fraud to IRS on April 15, 2005 and at other times. I had valuable
paintings Cohen gave me (and dedicated/signed for me) and never sold them so
your argument is really quite absurd. Steve Lindsey, on the other hand,
was willing to coordinate a custody matter, submitting Kory/Cohen's declaration
to the Court, and his actions with respect to my younger son speak
volumes. I have informed IRS, FBI, and DOJ that Greenberg's lawyer wrote
me that they have evidence in Colorado that the custody matter was coordinated
(by Cohen, Kory, Lindsey, and others); the false arrest on May 25, 2011 was
coordinated; and there is evidence related to criminal witness and evidence
tampering as well. I have personally discussed this matter with FBI in
Denver and forwarded Daniel Scheid's email confirmation to IRS, FBI, DOJ, Treasury,
and others. Please feel free to serve me any document you want in the
related case. I will respond appropriately.
Please let me have your thoughts or comments on the attached
Proposed Order.
Kelley Lynch
NOTE: Kelley Lynch has
never referred to Rice as a “child molester.”
From: Michelle Rice [mailto:mrice@koryrice.com]
Sent: Saturday, July 25, 2015 11:35 AM
To: Stephen Gianelli
Subject: Re: So where is your oft threatened, but never quite filed
"motion to vacate the fraud domestic violence matter"? (See 4/14/2015
email)
And who cannot control their
emotions? Booo hooo Kelley Lynch called me a child molester in emails
that no one ever reads....
Boooo fucking hoooooo...... man up and
put on your big boy pants and shut the
f*&k up.
Do me a favor and keep inciting her to
file more motions, you are making me
richer than f*&k. In
fact, I think I can pay off
my mortgage on my $2 million Hollywood Hills home with jetliner
views by the end of this year.
In the immortal words of Michelle
Rice, words we can all now savor: “you know, I mean, basically … And so it's our, you know, I mean ... basically ... you
know ... So, basically ... It's
our sort of feeling that
this motion here … I think
the main point that we're ... trying to make … I mean…”. (Michelle
Rice, actual remarks to Judge Hess at the 10/6/2015 law and motion hearing in
BC338322; bold italics added.)
Not even Clarence Darrow himself
was so eloquent on his feet…
No wonder Leonard Cohen is paying
Michelle Rice a “rate that [she] can command … [that] would make [Bergman and
Gianelli] sick with more envy than [they] already seem to have”. (Rice email
dated July 24, 2015 11:17 PM.) No wonder “[Lynch’s] motions … are making [Rice]
richer than fuck [and she] can pay off [Rice’s] mortgage on [her] $2 million
Hollywood Hills home with jetliner views by the end of this year.” (Rice email
dated July 25, 2015 11:35 AM.) And little wonder that “[Gianelli is]
pathologically jealous of [Rice]”. (Rice email dated July 24, 2015 11:17 PM.)
Michelle Rice is just
amazing in court!
No doubt Gianelli will soon be
“receiv[ing] letters rogatory issued through the Greek embassy”. (Rice email
dated July 24, 2015 11:59 PM.)
We tremble with fear and
anticipation!
ATTACHED: Minute Order and Transcript re. October 6,
2015 hearing.
