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
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
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, 2005 & August 3, 2005 (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
