Date: Sat, Sep 19, 2015 at 3:50 PM
Subject:
To: Michelle Rice <mrice@koryrice.com>, sedelman <sedelman@gibsondunn.com>, "*irs. commissioner" <*IRS.Commissioner@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>, 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@lacity.org, "mayor.garcetti" <mayor.garcetti@lacity.org>, 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,
I intend, as I notified you, to take oral testimony at the October 6, 2015 trial. You have falsely accused me of fabricating or forging declarations. I submitted the limited powers of attorney and original signature pages to the Court but this issue is not over and is an example of your willingness and your client's to say and do anything.
Edelman's declaration was hearsay. May I have the name of the individual Chad Knaak spoke to. I have other witnesses I may want to call and that individual should be on the stand about the phone call from Chad Knaak advising Gibson, Dunn that I was NOT SERVED.
I am, as Gianelli knows, attempting to locate the process server. I spoke to First Legal yesterday and that information appears to have made its way to Gianelli. His attempts to prove "helpful" are merely transparent attempts to cover up his "party at interest" involvement here. Gianelli should continue to argue this with the IRS Chief Trial Counsel's office.
Kelley Lynch
From: Stephen Gianelli <stephengianelli@gmail.com>
Date: Sat, Sep 19, 2015 at 1:21 PM
Subject:
To: Kelley Lynch <kelley.lynch.2010@gmail.com>
Ms. Lynch,
You have one shot at making your case that you were not served on October 6.
I strongly suggest that you do not rely on the same evidence and arguments that have failed to persuade Judge Hess in the past.
The reason for this any lawyer can explain to you. On appeal, the appellate panel is REQUIRED to accept Judge Hess' factual findings if they are supported by ANY substantial evidence. That would include the 2005 affidavit of service.
And Ms. Lynch, I have always been "helpful" in that I have given you my honest view of things based on 35 years as a trial lawyer. It was often not what you wanted to hear. But my predicted litigation outcomes have been right in your various matters 100% of the time.
Don't get me wrong, I personally believe that you were served with the summons and complaint in the manner provided by law and in my opinion Judge Hess believes that as well. He has all but said so on the record.
However, unlike your prior unsuccessful motions to vacate the judgment, which were procedurally flawed due to your waiting so long to file, your motion to vacate the RENEWAL is not subject to the same procedural obstacles.
You are therefore entitled to have the fact of service adjudicated.
But you have one shot at it your day in court.
You will either succeed in persuading Judge Hess that you were not served or you will not.
I strongly suggest that you make the most of the opportunity and focus on that issue rather than these dead ends that seem to bog you down.
Frankly, based on your blog posts and emails so far I don't think you have the capacity to do so.
So prove me wrong on October 6 by doing something different that will be a game changer for Judge Hess.
Sent from my BlackBerry 10 smartphone.
From: Stephen R. Gianelli <stephengianelli@
Date: Sat, Sep 19, 2015 at 8:03 AM
Subject: Process server - SERVICE INFORMATION
To: kelley.lynch.2010@gmail.com
LEON MOORE
First Legal Support Services
1511 West Beverly Boulevard
Los Angeles, California 90026
POSSIBLE RESIDENTIAL ADDRESS: 12141 Centralia Street, Lakewood, CA 90715 (UNVERIFIED)
THE CRIMINAL STALKER ATTEMPTS TO ELICIT INFORMATION BY APPEARING TO BE HELPFUL NOW.
Date: Sat, Sep 19, 2015 at 6:36 AM
Subject:
To: kelley.lynch.2010@gmail.com
Have you considered (in addition to timely filing and serving the required notice under California Rules of Court, Rule 3.1306 (b) (see below for text), serving a subpoena on the process server who filed the affidavit of service asserting that he served “Jane Doe”) at your residence and then mailed a copy of the summons and complaint to that address?
Because barring that, I don’t thing Judge Hess is going to accept your factual claim on service. He has already said as much in the last hearing transcript. (See e.g., page 8 lines 18-20.)
TEXT OF California Rules of Court, Rule 3.1306 (b)
A party seeking permission to introduce oral evidence, except for oral evidence in rebuttal to oral evidence presented by the other party, must file, no later than three court days before the hearing, a written statement stating the nature and extent of the evidence proposed to be introduced and a reasonable time estimate for the hearing. When the statement is filed less than five court days before the hearing, the filing party must serve a copy on the other parties in a manner to assure delivery to the other parties no later than two days before the hearing.
