MOTION FOR TERMINATING
SANCTIONS
DOCUMENT INDEX
Los Angeles Superior Court
Case No. BC338322
17 March 2015
Hearing Scheduled: June 23, 2015
Notice of
Motion, Motion & Memorandum of Points & Authorities
MOTION EXHIBITS
Exhibit
1: Defendant Kelley Lynch’s
Proposed Answer to Complaint
Exhibit 2: Natural Wealth Lawsuit – Kelley Lynch’s
Summary of Factual Allegations
& Statements. Natural Wealth Real Estate, Inc., et al.
v. Leonard Cohen, et al.
Case No. Case 1:05-cv-01233-LTB
Exhibit
3: Kelley Lynch’s Summary of
Fraudulent Misrepresentations in Plaintiff’s
Complaint. Case No. BC 338322.
Exhibit
4: Declaration of Kelley Lynch
Removed due to Leonard Cohen's legal filings and Court Order. Redacted copy will replace this.
Exhibit
5: Declaration of Joan Marie Lynch
Exhibit
6: Declaration of John Rutger
Penick
Exhibit
7: Declaration of Paulette Brandt
Exhibit
8: Declaration of Clea Surkhang
Exhibit
9: Declaration of Palden Ronge
Exhibit
10: Declaration of Daniel J. Meade
Exhibit
11: Clarification of Ambiguities in
Default Judgment filed May 15, 2006
DECLARATION
OF KELLEY LYNCH
EXHIBITS
EXHIBITS
Exhibit
A: Robert Hilburn Article; photo of
Cohen working at Mt. Baldy.
http://articles.latimes.com/1995-09-24/entertainment/ca-49280_1_leonard-cohen
http://articles.latimes.com/1995-09-24/entertainment/ca-49280_1_leonard-cohen
Exhibit B: Boulder Combined Court email and attached
evidence; Kory & Rice domestic violence related orders.
Exhibit C: Emails with court reporters re. March 23,
2012 hearing transcript.
Exhibit C-1: MacLean’s article. August 22, 2005.
http://www.maartenmassa.be/LCdocs/magazines/2005-08-22_Macleans.pdf
http://www.maartenmassa.be/LCdocs/magazines/2005-08-22_Macleans.pdf
Exhibit D: Phil Spector Motion in Limine (Excerpted
pages – Leonard Cohen gun incident); Mick Brown emails. (Motion - page 14 - "Brandishing" on Leonard Cohen.
http://ww2.lacourt.org/hp/yck1pmvywnnz5i2hjpgeh3iy/1233799111.pdf
http://ww2.lacourt.org/hp/yck1pmvywnnz5i2hjpgeh3iy/1233799111.pdf
Exhibit E: Trial Transcript (RT 308-309).
Exhibit
F: Transcript March 23, Hearing.
Exhibit G:
Marty Machat letter dated November 25, 1990; Stranger Music, Inc. –
Spreadsheet.
Exhibit
H: Berger, Berger & Beal letter to
Marty Machat dated January 5, 1972.
Exhibit I:
Email to Steven Machat dated March 2, 2015 confirming book excerpts.
Exhibit
J: Transcript of Steven Machat &
Kelley Lynch conversation.
Exhibit
K: Elmer Fox, Westheimer & Co. Tax
Planning Memo for Leonard Cohen dated August 22, 1977.
Exhibit
L: IRS Notice dated September 12,
1988. [Confusion re. alternate SSN &
IRS account]
Exhibit
M: Van Penick’s letter to Kelley Lynch
dated October 26, 1988.
Exhibit N: LC letter to Dominque Issermann dated
December 7, 1989 (off-shore account).
Exhibit O:
Jonas Herbsman letter to Herschel Weinberg dated January 8, 1990.
Exhibit
P: SOCAN Agreement (with Leonard Cohen).
Exhibit
Q: Leonard Cohen Productions, Inc.
Certificate of Amendment of Certificate of Formation (changed name to BMT)
dated March 11, 1993; Articles of Incorporation of Leonard Cohen Productions,
Ltd., Nevada; Statement and Designation by foreign corporation.
Exhibit
R: Kelley Lynch fax to Richard Feldstein
dated December 7, 1993.
Exhibit
S: Ed Dean letter to LC and KL dated
November 15, 1996.
Exhibit
S-1: Richard Westin letter to Kelley
Lynch dated February 5, 1998 (Blue Mist).
Exhibit
T: Neal Greenberg’s fax to Cohen’s
transaction attorney, Jonas Herbsman February 10, 1998.
Exhibit
U: Richard Westin letter to Kelley Lynch
dated June 1, 1998; Minutes of a Special Meeting of the Board of Directors of
Blue Mist Corporation; Trial Transcript (page 279-293).
Exhibit
V: Cohen’s Opposition to CAK’s Motion
for an Order of Attachment dated August 30, 2000.
Exhibit
W: Leonard Cohen’s Declaration dated
August 30, 2000[CAK litigation, Case No. 00 Civ. 1068 (DAB), United States
District Court, Southern District of New York].
Exhibit
X: Ken Cleveland fax to Kelley Lynch
dated June 24, 1999; Leonard Cohen POA to IRS; Leonard Cohen letter to Mt.
Baldy Zen Center dated November 1, 1996.
Exhibit
Y: Ken Cleveland fax to Kelley Lynch
dated July 22, 1999.
Exhibit Z:
Reeve Chudd letter to Kelley Lynch dated September 8, 1999.
Exhibit AA: LC
Investments, LLC Certificate of Formation dated October 19, 1999; Operating
Agreement dated August 21, 2000.
Exhibit BB:
Leonard Cohen’s email (baldymonk@aol.com) dated May 19, 2000 to Kelley Lynch (tsimar@aol.com).
Exhibit CC:
Richard Westin Memorandum dated May 23, 2000.
Exhibit DD:
BMT letter to IRS re. 341(f) election.
Exhibits EE: BMT 1999 and 2000 federal tax
return.
Exhibit
FF: Cohen signed Assignment (signature
page only) dated September 15, 2000.
Exhibit GG:
Richard Westin’s September 16, 2000 letter to Kelley Lynch.
Exhibit HH:
LASD Inventory dated October 18 & 24, 2005.
Exhibit II: May 21, 1994 letter to Kelley Lynch from Tom
Robbins.
Exhibit
JJ: Don Friedman’s letter to Stuart
Bondell, Sony, dated September 19, 2000.
Exhibits
KK: Westin fax to KL and Greg McBowman
dated September 20, 2000.
Exhibit
KK-1: Fax from Richard Westin to Cohen
and me dated October 10, 2000.
Exhibit
LL: Richard Westin Proposal to Leonard
Cohen dated November 19, 2000.
Exhibit
MM: Richard Westin Proposal to Kelley
Lynch and Leonard Cohen dated December 4, 2000.
Exhibit
NN: Leonard Cohen letter to Westin dated
December 7, 2000 (wrapping Greenberg in A/C privilege).
Exhibit
OO: Annuity Agreement dated December 7,
2000.
Exhibit
PP: Kelley Lynch/TH Promissory Note;
Corporate Minutes dated December 21, 2000.
Exhibit
QQ: Traditional Holdings Formation
documents; Lynch & Cohen Powers of Attorney to Westin re. TH; State of
Kentucky Email; TH – 2001, 2002, 2003 Annual Reports; Application for Employer
ID – prepared by Westin who signed Kelley Lynch’s name.
https://app.sos.ky.gov/ftshow/(S(iy5j5pgdwsd0dnizfkbh25w2))/default.aspx?path=ftsearch&id=0507175&ct=06&cs=99999
https://app.sos.ky.gov/ftshow/(S(iy5j5pgdwsd0dnizfkbh25w2))/default.aspx?path=ftsearch&id=0507175&ct=06&cs=99999
Exhibit
RR: Traditional Holdings Stock
Certificates No. 1, 2, 3; Stock Ledger.
Exhibit
SS: CAK Settlement Agreement dated
December 7, 2000.
Exhibit
TT: KL Indemnity Agreement dated January
8, 2001.
Exhibit
UU: IRS Notice: August 13, 2001 - $1 million prepayment TH
deal.
Exhibit
VV: Grubman, Indursky & Schindler
letter dated April 18, 2001 to Cohen and TH.
Exhibit WW:
Trial Transcript (pages 285-288)
Exhibit XX:
Lynch & Westin emails (cc: Cohen) dated February 11, 2002.
Exhibit YY:
Richard Westin letter dated March 6, 2002.
Exhibit AAA:
David Woltz, IRS Office of Chief Counsel, letter to Richard Westin dated
October 8, 2002.
Exhibit BBB:
State of Kentucky Schedule K-1 for Lynch & Cohen – 2003.
Exhibit
CCC: Neal Greenberg IRS Danger Warning
letters dated January 16, 2004 and June 25, 2014.
Exhibit
DDD: Westin emails re. Old Ideas, LLC;
Dear Heather liner notes – publishing Old Ideas, LLC.
Exhibit
FFF: KL email to Leonard Cohen with
forwards of emails to Stuart Bondell (Sony International), Ian MacKay (Sony
Canada), and Denise Donlon (Sony Canada) dated July 22, 2004.
Exhibit
GGG: Kelley Lynch (tsimar) email to
Leonard Cohen (baldymonk) dated September 16, 2004 [Commission – 1099
information].
Exhibit
HHH: Diane Baxa, City National Bank,
email to Kelley Lynch dated March 29, 2013.
Exhibit
III: Trial Transcript (pages 301-303;
319; 290-293)
Exhibit
JJJ: Richard Westin email to Kelley
Lynch dated September 24, 2004.
Exhibit
KKK: Westin emails to Lynch dated
September 20, 2004 (LCI “Office”)
Exhibit
LLL: Westin letters to State of
Kentucky; Lynch and Cohen) dated October 6, 2004.
Exhibit: LLL-1:
2001, 2001, and 2003 Traditional Holdings, LLC tax returns.
Exhibit
MMM: DiMascio letter to Robert Kory
dated November 13, 2004 (CNB account freeze).
Exhibit
NNN: USPS Mail Fraud Notice &
Confirmation No.OR18421598.
Exhibit
OOO: Kelley Lynch email to DiMascio
& Berardo dated January 5, 2005 (accounting fraud re. expense ledger).
Exhibit
PPP: DiMascio &Berardo letter to
Kelley Lynch dated February 7, 2005.
Exhibit
QQQ: Trial Transcripts (pages
351-358) – Cohen & Rice testimony.
Exhibit
RRR: Kory letter to DiMascio dated
February 11, 2005 (Traditional Holdings, LLC “problematic” loans to Leonard
Cohen).
Exhibit SSS: Steve Lindsey email to Kelley Lynch dated May
2, 2005.
Exhibit
TTT: Ann Diamond (draft article for
Rolling Stone).
Exhibit
UUU: King Drew May 225, 2005 fraudulent
report.
Exhibit
VVV: Trial Transcript (pages 293-297)
Exhibit
WWW: KL email to Cohen & Kory dated
July 30, 2004 & August 3, 2004 (advising them that I have reported the
allegations that Cohen committed criminal tax fraud).
Exhibit
XXX: Kelley Lynch State Bar Complaints
re. Cooley & Lindsey’s custody lawyers dated February 17, 2007.
Exhibit
YYY: State Bar Letter re. Cooley dated
February 28, 2007.
Exhibit
ZZZ: Judge Lewis Babock’s Order dated
September 5, 2005; Trial Transcript (pages 355 …)
Exhibit
AAAA: IRS Binder Index (April 9, 2012
Trial Evidence).
Exhibit
BBBB: LAPD Report (emails are generally
requests for “tax” information.)
Exhibit
CCCC : Trial Transcript (RT 40).
Exhibit
DDDD: Trial Transcript (RT 56-57).
Exhibit
EEEE: Bail Hearing Transcript (RT 6 – DA
Investigator).
Exhibit
FFFF: (April 18, 2011 email testimony - RT 160-161; 266)
Exhibit
GGGG: Trial Transcript (Spector &
Cooley: RT 40, 60-61, 56-57, 157-159,
305, 265-266); Mick Brown emails.
Exhibit GGGG-1:
(SSN & Driver’s License: RT
301-303, 319)
Exhibit HHHH: Schedules of Perjury – Declarations Leonard
Cohen, Michelle Rice, Robert Kory, and
Kevin Prins; Misrepresentatives in
Declaration of Scott Edelman.
Exhibit IIII: Cohen Affidavit - Natural Wealth (Complaint
attached as Exhibit “A” to Tactical Allocation’s Ex Parte Application in
Intervention for Order Protecting & Preserving Evidence Related Case No.
BC341220).
Proof of
Service
