Saturday, May 30, 2015

Leonard Cohen's Legal Madness & Ongoing Attempts to Discredit, Slander, Threaten & Silence Kelley Lynch

Leonard Cohen's Opposition to Lynch's Motion for Terminating Sanctions.  Cohen continues with his false allegations and preposterous legal arguments.  As Lynch advised the Court - the IRS continues to view her as a partner and the judgment requires clarification vis a vis IRS reporting and filing requirements.  The situation remains unconscionable.  The religious sage is now spending tens of thousands of dollars to silence Kelley Lynch while attempting to seal her business documents and those belonging to Steven Machat and Machat & Machat.  Judge Robert Hess, who did not have an opportunity to review the documents, has agreed to a temporary seal.  Lynch has challenged verbally Cohen's position that she had attorney/client privilege - or he did - with respect to her own emails advising his lawyer that corporate offices were not in her office.  Documents Lynch purchased from various Courts (and through PACER) and other materials have been sealed.

https://www.scribd.com/doc/267109127/Leonard-Cohen-Opposition-re-Kelley-Lynch-s-Motion-Terminating-Sanctions-filed-conformed-5-26-15

Leonard Cohen's proposed Motion for Sanctions against Kelley Lynch should she refuse his retaliatory threats to withdraw her good faith & legitimate Motion for Terminating Sanctions. Kelley Lynch spoke to attorneys prior to filing that document.  Leonard Cohen has now falsely accused Kelley Lynch of submitting fraudulent declarations to the Court (re. signatures).  Lynch will advise the Court to phone each and every witness in her presence.  Nearly every single witness has been criminally harassed over their declarations.  Many have offered to have their declarations notarized now.  The legal burden is upon Leonard Cohen to prove his new false allegations.  Cohen continues to lie that Kelley Lynch accused him of perjuring himself in Phil Spector's Grand Jury.  She addressed documents readily online at LA Superior Court's website.  She has asked the Court to order Cohen's lawyers to remove the Phil Spector "gun incident" from their proposed Motion or serve and notify Phil Spector's former trial lawyers & current appellate attorneys.  Kelley Lynch is not arguing the truth of those allegations and there are in fact three version of that incident before LA Superior Court now.

https://www.scribd.com/doc/267108521/Leonard-Cohen-Motion-for-Sanctions-Against-Kelley-Lynch-5-26-15

Phil Spector case document - Los Angeles District Attorney document, with Machat incident embellished, and one of Leonard Cohen's versions of the gun incident.  This is not the version of the incident Cohen testified about during Lynch's 2012 Show Trial.  Kelley Lynch spoke with the Grand Jury Legal Adviser re. the Phil Spector Grand Jury Transcripts.  Those transcripts are now public.  The legal adviser could not confirm what witness presented Leonard Cohen's statements or testimony to the Grand Jury.  Lynch assumes that Mick Brown was being honest when he told her he reviewed these transcripts and Cohen's statements/testimony were presented to the Grand Jury.  She also assumes the DA would be consistent in the version of the Cohen/Spector alleged gun incident with respect to the Grand Jury and their attempts to use this version of Cohen's recounting of the incident in their Motion in Limine filed with the Spector Court in February 2005.

http://ww2.lacourt.org/hp/e2aevpbwig0p4hl5cdpasrwt/1233799111.pdf


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Leonard Cohen's Further Attempts To Silence Kelley Lynch; Cohen Is Now Represented By Her Younger Son's Father's Custody Lawyer - No Doubt To Further Distress Kelley Lynch; First Amendment Rights Have Been Seriously Implicated

Kelley Lynch

In Propria Persona

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES



Leonard Norman Cohen, an                                        Case No. BC338322
Individual, Leonard Cohen                                          Related Case No.  BC341120
Investments, LLC, a Delaware
Limited Liability Company                                          Honorable Robert L. Hess
                                                                                    Department 24
                        Plaintiff                                                          

            vs.                                                                    Hearing Date:  May 29, 2015
                                                                                    Time:  8:30 AM
Kelley Lynch, an individual, et al.                               Complaint Filed:  August 15, 2005

                        Defendants                 

DEFENDANT KELLEY LYNCH’S REPLY
TO PLAINTIFFS’ MOTION TO SEAL PORTIONS
OF THE COURT RECORD, SHORTEN NOTICE
OF HEARING, DECLARATION OF KELLEY LYNCH

TO PLAINTIFFS, LEONARD COHEN & LC INVESTMENTS, LLC AND THEIR
ATTORNEYS:

INTRODUCTION
The law requires that a party that seeks to keep court records from public view must demonstrate a compelling reason for doing so.  However, instead of a compelling argument supported by articulable facts, Plaintiffs have offered only sweeping conclusory assertions, supported by blatantly misleading and/or false statements.  Lynch does agree that there may be one or two documents subject to legitimate dispute but contends that this issue will be resolved when the Court issues its final judgment.  These documents are not sufficient to overcome the longstanding presumption of public access to court records.  Nor is Lynch’s decision to present this evidence to the court for invalid or harassing purposes.  Lynch has spent approximately 10 years attempting to resolve these issues and it ultimately led to two false arrests and imprisonments.  The motion and documents filed in connection with the Defendant’s Motion for Terminating Sanctions in this case should therefore remain unsealed.
            Plaintiffs’ motion is based upon the grounds that defendant has been found to have no interest in Plaintiff’s [sic] entities and has otherwise been ordered to return all Plaintiff’s personal property that she wrongfully retained after being terminated for cause as Plaintiff’s personal manager in or around October, 2004.  Despite such court orders, Defendant has retained privileged and confidential documents of Plaintiff’s, including attorney-client privileged communications and tax  documentation, and Defendant has now disclosed such privileged and confidential information in her Motion for Terminating Sanctions and has published same on the internet and her blog.  See riverdeepbook.blogspot.com.
ARGUMENT
            Defendant, Kelley Lynch, objects to the scheduling of Plaintiffs’ ex parte application to seal portions of the court record, or in the alternative, for an order shortening time on the hearing of Plaintiffs’ motion to seal.  On Thursday, May 28, 2015, Kelley Lynch advised Bergman Law Group and Kory Rice Law Firm that we should continue to abide by the Court’s November 18, 2013 Order that states:  “Plaintiff hereby consents to service by Plaintiff by Plaintiff [Defendant?] of further Motion documents, if any, by email to jeffkorn@live.com” and “Plaintiff will serve all Motion related documents via email and overnight delivery to the email and physical addresses provided on Defendant’s currently filed Motion documents.”  That email address is:  kelley.lynch.2010@gmail.com.  Plaintiffs advised Lynch that the email address on the Motion for Terminating Sanctions (which may have been inadvertent as that email address is alternate and created due to the ongoing harassing emails) was:  REDACTED.2013@gmail.com.  Due to the ongoing issues re. proper service and lack of jurisdiction, Defendant Kelley Lynch refused to accept service until the Court personally clarified this situation.  She has been falsely accused of willfully violating a Boulder, Colorado Order that the Boulder Combined Court informed her had expired on February 15, 2009.  Therefore, Lynch will leave nothing to chance.  This matter could have been avoided if, when the substitution of attorney was filed (substituting one attorney of record for another while not filing a withdrawal of counsel), a revised Order was prepared for the Court to sign.  Kelley Lynch will not and does not consent to email service with either law firm currently on record with the Court.  Daniel Bergman served as Kelley Lynch’s ex-husband’s custody matter and the outcome of that situation was thoroughly and utterly unconscionable.  Kelley Lynch would like the Court personally to resolve this situation in a manner that is fair, reasonable, and does not cause her further emotional and mental distress. 
Additionally, over the past several days, Kelley Lynch has received numerous emails to the following email accounts:  kelley.lynch.2010@gmail.com and REDACTED@gmail.com.
Additionally, while Defendant did receive Plaintiffs’ initial Ex Parte document package by email in a timely manner the morning of May 28, 2015, she received the following documents (two of which were corrected) at 4:51 PM:  1) Plaintiff’s ex parte application to grant Plaintiff’s Motion to seal portions of the court record, or in the alternative for an order shortening time on the hearing of Plaintiff’s Motion to seal; Declaration of Pourya Keshavarzi re ex parte notice, 2) Proposed order on Plaintiff’s ex parte application for Motion to seal portions of the court record or in the alternative, for an order shortening time for hearing on said Motion, 3) Corrected Plaintiff’s notice of Motion and Motion to seal portions of the court record, and 4) Corrected proposed order on Plaintiff’s Motion to seal Portions of the court record.  This is completely inappropriate and Defendant believes the Court should reschedule the ex parte hearing after addressing the new manner that the parties will serve one another.  As there is presently a hearing scheduled for June 23, 2015, and Plaintiffs waited approximately 3 months (with approximately four lawyers working on this matter), Defendant objects to any shorter notice with respect to a hearing on this matter.  This lengthy delay in filing the ex parte application disproves Plaintiffs position that the need to seal documents is a matter of urgency.  See Exhibit A.
California Rules of Court, Rule 3.1203 states that “[a] party seeking an ex parte order must notify all parties no later than 10:00 A.M. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.” (Emphasis added). The rule also states that “[a] party seeking an ex parte order in an unlawful detainer proceeding may provide shorter notice (than the 10:00 A.M. requirement) provided that the notice given is reasonable.”

THE EVIDENCE SHOULD REMAIN UNSEALED

            Motions must remain unsealed unless Plaintiffs demonstrate compelling reasons for sealing. To overcome the strong presumption of public access to court records, a proponent of sealing typically must demonstrate “compelling reasons” for secrecy.  Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). Nonetheless, Plaintiffs and their lawyers insist that to justify sealing the records in this case, it need only argue irreparable harm and immediate damage.  This defies logic given the fact that Leonard Cohen now appears to have two law firms representing him while Defendant’s Motion for Terminating Sanctions was filed on March 17, 2015.  Nearly three months have gone by and Leonard Cohen, LC Investments, LLC, and Cohen’s lawyers, have suddenly decided to apply for an ex parte hearing due to urgent irreparable harm and immediate damage.  Plaintiffs do not explain what the irreparable harm and immediate damage actually is other than insinuating that it is the dissemination of sensitive documents.  All documents are the property of Kelley Lynch.  It is important for this Court to understand that, in the related case (which Judge Freeman’s Court Reporter brought to her attention), Leonard Cohen had Los Angeles Sheriff’s Department wrongfully seize Lynch’s personal business property, books, files, corporate and partnership tax returns, Phil Spector’s master tape, Adam Cohen tapes, Elton John master tape, and other property that belongs to her.  Leonard Cohen and/or his daughter, Lorca Cohen, also went into Lynch’s office (when her mother was present) and seized all of Lynch’s business files apart from those related to her greeting card company.  Lynch has repeatedly advised Cohen to return her property without receiving so much as the courtesy of a response.  Lynch has addressed the fact that on October 27, 2004, her lawyers (after asking Cohen and his personal tax and corporate lawyer, Richard Westin, to explain numerous corporate entities and any “liability” they exposed Lynch to) advised Westin to have his client make arrangements to pick up his property.  Cohen failed to make any such arrangements, abandoned the property for nearly one year, and then had the audacity to have his lawyer demand that Lynch hire a moving van to return property that she stored as a courtesy for this individual for years – since 1996 when his home garage was converted to a guest suite for his sister and studio for himself.  The abandoned property, per Internal Revenue Service guidelines, was worth the paper and ink it was written on and with.  There were no original manuscripts or other documents of that nature and none appear on the Sheriff’s Inventory.  There was a photocopy of what Lynch believed was “Beautiful Losers” in a Machat & Machat file due to the fact that Marty Machat was involved in the production of a play related to that piece.  Leonard Cohen also seized property belonging to Machat & Machat.  Lynch received authorization from Steven Machat to maintain copies of the Machat & Machat documents (including the “1977 Tax Memorandum” at issue) submitted to this Court. 
            At this time, the issue the Court should consider is whether the documents Cohen would personally like under seal are relevant to the merits of the dispute.  They absolutely are.  Kelley Lynch has becoming tired of Leonard Cohen’s argument that any defense, response, or utterance on her part is “harassment.”  She finds that argument dubious and suspect at best.  See Kamakana, 447 F.3d at 1179-80; Melaleuca Inc. v. Bartholomew, No. 4:12-CV-00216-BLW, 2012 WL 5931690, at *2 (D. Idaho Nov. 27, 2012); Selling Source, 2011 WL 1630338 at *5; Dish Network, 2009 WL 2224596, at *6. The “resolution of a dispute on the merits . . . is at the heart of the interest in ensuring the public’s understanding of the judicial process and of significant public events.” Kamakana, 447 F.3d at 1179.  Documents that are tangential, or entirely unrelated. to the merits of a case are less integral to protecting than those that are directly relevant to the cause of action. See id. at 1179-80.  The documents Plaintiffs are attempting to seal, including corporate federal and state tax returns including one where Lynch was designated a partner and the Tax Matters Partner (Traditional Holdings, LLC 2001, 2002, and 2003 tax returns).  All documents are material and relevant to the grounds upon which Lynch brought her motion:  fraud upon the court, abusive litigation tactics (including an attempt to obstruct justice), and the extensive use of perjury and fraudulent misrepresentations to convince this Court to deny Lynch’s motion to vacate.  The documents Lynch provided are crucial evidence supporting the argument that Plaintiffs have committed egregious fraud upon the court, concealed a tremendous amount of evidence, fabricated a financial ledger (which is not an accounting – let alone a corporate accounting), perjured themselves in declarations, and undermined the integrity of this Court and the public’s confidence in the Court’s ability to properly assess the facts, evidence, witness demeanor, Plaintiff’s credibility. or testimonial statements.  The documents that Plaintiffs have asked this Court to seal are not remotely tangential or unrelated to the underlying cause of action.  Oliner v. Kontrabecki, 745 F.3d 1024, 1026 (9th Cir. 2014)see also Navarro v. Eskanos & Adler, No. C-06-02231 (WHA) (EDL), 2007 WL 902550, at *2 (N.D. Cal. Mar. 22, 2007).
            The documents at issue are relevant to the merits of the case.  Courts, including the Ninth Circuit, have applied the compelling reasons standard.  See Oliner v. Kontrabecki (applying the compelling reasons standard to a request to seal district court records because “the rationale underlying the good cause standard, namely that the public has less of a need for access to court records attached because those documents are often unrelated, or only tangentially related, to the underlying cause of action, does not apply to this case,” Melaleuca, 2012 WL 5931690, at *2; Selling Source, 2011 WL 1630338 at *5; Dish Network, 2009 WL 2224596, at *6.   Plaintiffs have not presented an argument disputing the fact that the documents at issue are directly relevant to the merits of the underlying lawsuit.  See Opposition Motion.  Because Plaintiffs have not demonstrated compelling reasons to keep them confidential, they must therefore remain unsealed.
The compelling reasons standard applies to briefs and declarations.  Because the parties’ briefing and declarations on the motion for terminating sanctions are not even arguably Leonard Cohen attorney/client privileged documents, they cannot possibly fall under the exception to the presumption of public access for sealed documents attached to Defendant’s motion. Therefore, regardless of whether the Court decides the plaintiffs’ ex parte motion is dispositive for purposes of the public right of access, the compelling reasons standard indisputably applies to these records.
Even if the good cause standard were to apply here, which it does not, the standard is not met by an ex parte order granting an application to seal without analysis. First, under binding Ninth Circuit precedent, even under the good cause standard, the documents at issue may only remain sealed if Plaintiffs makes a “particularized showing” with respect to each document that “specific prejudice or harm will result” from disclosure.  Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); See also In re Coordinated Pretrial Proceedings in Petroleum Products Antitrust Litig., 101 F.R.D. 34, 45 n.7 (C.D. Cal. 1984) (“The good cause requirement is met by a showing that disclosure will work a clearly defined, specific and serious injury.”).   Therefore, “the burden of proof remains with Plaintiffs.
To order documents sealed, Plaintiffs must, “for each particular document it seeks to [seal] . . . show … that specific prejudice or harm will result if” the documents are unsealed, and the Court must “identify and discuss the” reasons sealing is warranted.  See also E.E.O.C. v. Erection Co., 900 F.2d 168, 169 (9th Cir. 1990) (reversing and remanding to district court to “articulate its reasoning and findings” where court denied a motion to unseal without explaining the basis for sealing).
            Defendant maintains that Plaintiffs have used this ex parte motion as an opportunity to conceal information prejudicial to their case, Leonard Cohen personally, and in bad faith with no legitimate or good faith purpose. 

“The mere fact that [a pleading] may lead to a litigant’s embarrassment, incrimination, or exposure to further litigation will not, without more, compel the court to seal its records.” Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006) (citing Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1136 (9th Cir. 2003)). “A litigant who might be embarrassed, incriminated, or exposed to litigation through dissemination of materials is not, without more, entitled to the court’s protection.” Foltz, 331 F.3d at 1136; see also Oliner v. Kontrabecki, 745 F.3d 1024, 1025 (9th Cir. 2014) (quoting Kamakana on this point); S.E.C. v. Shanahan, No. 4:06-MC-546 CAS, 2006 WL 3330972, at *4 (E.D. Mo. Nov. 15, 2006).

The public has a right of access to court documents that “is grounded in the First Amendment and in common law.” CBS, Inc. v. United States District Court, 765 F.2d 823, 835 (9th Cir. 1985); see also Webster Groves Sch. Dist. v. Pulitzer Pub. Co., 898 F.2d 1371, 1376 (8th Cir. 1990) (quoting Nixon v. Warner Communications, 435 U.S. 589, 597 (1978) (“There is a ‘common-law right of access to judicial records.’”). In a democracy such as ours, the public has both a right and a need to know what is occurring in their federal courts. Nixon v. Warner Communications, Inc., 435 U.S. 589, 597 (1978) ; see also Kelly v. Wengler, 979 F. Supp. 2d 1243, 1244 (D. Idaho 2013) (“To start with the necessary, if obvious, initial premise, court proceedings and records are generally open to the public.”); Skinner v. Uphoff, No. 02–CV–033–B, 2005 WL 4089333, at *3 (D. Wyo. Sept. 27, 2005) (citing Allsop v. Cheyenne Newspapers, Inc., 39 P.3d 1092, 1095, 1096 (Wyo. 2002) (rejecting a public official’s attempt to seal information related to the operation of a prison, reasoning that “the public has a right, and even a responsibility . . . to monitor the activities and performance of their own government and use this information to implement change if needed[]”). Furthermore, maintaining an open judiciary “serves as a check upon the judicial process—an essential component in our structure of self-government.” Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 606 (1982); see also IDT Corp. v. eBay, 709 F.3d 1220, 1222 (8th Cir. 2013) (internal quotation marks and citation omitted) (“This right of access bolsters public confidence in the judicial system by allowing citizens to evaluate the reasonableness and fairness of judicial proceedings . . . [and] to keep a watchful eye on the workings of public agencies.”). Therefore, “only the most compelling reasons can justify non-disclosure of judicial records.” In re Neal, 461 F.3d 1048, 1053 (8th Cir. 2006) (quoting In re Gitto Global Corp., 422 F.3d 1, 6 (1st Cir. 2005)). Although a court must be alert for deliberate efforts to embarrass and scandalize a party as a litigation tactic, see Nixon, 435 U.S. at 598, the mere fact that a party may be embarrassed or scandalized by a pleading will not justify sealing that pleading based on that fact alone. See In re Neal, 461 F.3d at 1054 (noting that although a pleading has the capacity to embarrass and scandalize outside parties, the pleading should not be sealed absent proof that it “was filed for an improper purpose, such as to gratify public spite or promote public scandal”). 

A court must identify “a compelling governmental interest” that necessitates the sealing of a record, and it must “make specific findings regarding the necessity” of sealing that record. Goff v. Graves, 362 F.3d 543, 550 (8th Cir. 2004); see also Kamakana, 447 F.3d at 1178-79  (holding that the party seeking to seal a matter “bears the burden of meeting a ‘compelling reasons’ standard, under which the party must ‘articulate compelling reasons supported by factual findings’” that outweigh the “presumed right of access”). Thus, a court may seal a document only after it has articulated particularized and specific findings of a compelling need for secrecy, and the scope of the order must be narrowly tailored to protect that interest.  Press Enterprise Co. v. Superior Court, 464 U.S. 501, 510-12 (1984).  Plaintiffs cannot meet this heavy burden for justifying the sealing Defendant’s exhibits and declarations as well as excerpts of those documents.

Permitting the documents to remain unsealed, until the Court renders its final judgment, would ensure that the public is fully informed of all developments in this case and Lynch receives a fair hearing. Any embarrassment that these documents cause on the part of Plaintiffs is ancillary to its probative value in this important case of public concern.

Oliner shows that the final word on whether documents can be filed under seal or remain under seal rests with the courts, not the parties.
Courts are bound to recognize the public’s First Amendment and common law right of access to public documents, including judicial records. See, e.g., Oliner, 745 F.3d at 1025-26; Universal City Studios, Inc. v. Super. Ct., 110 Cal. App. 4th 1273, 1280 (2003). Notably, even non-parties may intervene to challenge the propriety of a sealing order, provided they satisfy constitutional standing requirements. Company Doe v. Public Citizen, 2014 WL 1465728, at *14 (4th Cir. Apr. 16, 2014). Given the strong presumption of public access, even parties’ agreements to file documents under seal do not guarantee that a court will grant a request to seal. See Oliner, 745 F.3d 1024.
A careful evaluation therefore must be made concerning the relevant statutory or substantive law dealing with sealed documents before a decision is made to file confidential or sensitive information with a court.  In the 9th Circuit, parties must demonstrate “good cause” or “compelling reasons” by making a particularized showing of harm.  Parties seeking a sealing order must do more than make conclusory assertions of harm. Broad, conclusory allegations of harm, without specific concrete examples, do not meet either standard. AmerGen Energy, 115 Fed. Cl. at 143. Instead, parties must “articulate the specific prejudice or harm that will flow from disclosure.” Id. at 147. Certain types of harm, like harm to company reputation, may not be sufficient to rebut the public right of access.  Brown & Williamson Tobacco Corp. v. FTC, 710 F.2d 1165, 1179 (6th Cir. 1983).
            In California state court, unless “confidentiality is required by law, court records are presumed to be open.” California Rules of Court (“CRC”), Rule 2.550(c). Under California law, only certain narrow categories of information, like certain family law or juvenile records, or medical information, are automatically excluded from the public record. See, e.g., Cal. Fam. Code § 7643(a); Cal. Welf. & Inst. Code § 827(a)(1); Cal. Civ. Code § 56.10.
            In deciding whether to file documents under seal, trial courts must make express findings of fact that establish that (1) there is an overriding interest supporting sealing the record that (2) overcomes the public’s First Amendment right to access the record; (3) there is a substantial probability of prejudice if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive means to protect a party’s rights exist. CRC, Rules 2.550 and 2.551.

KELLEY LYNCH WAS A SELF-EMPLOYED INDIVIDUAL
WHO DID NOT HAVE ATTORNEY/CLIENT PRIVILEGE
WITH LEONARD COHEN OR THE CORPORATE ENTITIES

Although federal courts recognize that the attorney-client privilege can protect communications between corporations and independent contractors who are the "functional equivalent" of employees, they disagree about the evidence required to meet the functional equivalent test.  Communications may fall within the privilege as long as the independent consultant is the functional equivalent of an employee. The court found that the real estate consultant was intimately involved on a daily basis in the client's business and "was in all relevant respects the functional equivalent of an employee."
According to Internal Revenue Service, “People such as doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. However, whether these people are independent contractors or employees depends on the facts in each case. The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. The earnings of a person who is working as an independent contractor are subject to Self-Employment Tax.  If you are an independent contractor, you are self-employed.”  Kelley Lynch was an independent contractor who paid self-employment tax.  She and Leonard Cohen did not share attorney/client privilege.
MOTION FOR SANCTIONS
In California as in every state, the judicial system’s integrity hinges on honest actions by participants, without fear of reprisals; when a participant does not act honestly, he or she may be charged with obstruction of justice.  Basically, obstruction of justice is the interfering with proper or legitimate operations of either a court or officers of the court through either actions or words.  A few examples of this criminal offense include threatening a judge, encouraging someone to destroy evidence, or attempting to bribe a witness.  Obstructing justice is a crime under both state and federal laws.  On May 26, 2015, Michelle Rice served Kelley Lynch with Notice of Intent to Move for Sanctions under CCP Sections 1008(d) and 128.7 that contained the following ultimatum:  “Please be advised that if, after reviewing the Sanctions Motion and Proposed Order, you refuse or fail to withdraw the 2015 Motion and Proposed Order, you refuse or fail to withdraw the 2015 Motion on or before the end of the Court’s business day on Friday, June 19, 2015, we will file the enclosed Sanctions Motion with the Court on Monday June 22, 2015.”  One of the sanctions Plaintiffs would like is a termination of Lynch’s “fee waiver.”  Lynch would like to suggest that this Court immediately terminate her fee waiver, prohibit her from filing any additional documents in Case No. BC338322, and require Plaintiffs to immediately file the Sanctions Motion and Proposed Order rather than issuing a threat to Lynch that could very well be construed as an attempt to obstruct justice. 
CONCLUSION
Plaintiffs should not be permitted to prevail in their attempts to manipulate the judicial system to do its bidding particularly based on an illogical and questionable argument unsupported in the law.  Defendant, therefore, respectfully request that this Court order that her documents remain unsealed.

The court should reject Plaintiffs’ completely unfounded attempt to seal any documents and, instead, sanction Plaintiffs for bringing an entirely meritless, frivolous motion for the sole purpose of harassing Defendant.  The hearing on this Motion should be combined with the hearing presently scheduled on the Motion for Terminating Sanctions for June 23, 2015 for the sake of the economy of the Court’s time as well as Defendant’s. 


Dated:  May 29, 2015                          Signed:  Kelley Lynch
           


DECLARATION OF KELLEY LYNCH

I, Kelley Lynch, do state and declare as follows:
1.      I am a citizen of the United States and a resident of the Los Angeles, California.  I am over
the age of 18.  Except as to those matters stated on information and belief, I have personal knowledge of the facts set forth herein and could and would testify competently if asked to do so. 
2.      Due to the fact that I received the corrected documents late yesterday, I have not had time to
properly review and/or proof read this response.  Nor have I had an opportunity to prepare a schedule related to the statements Leonard Cohen would like redacted from the legal documents I’ve filed with this Court.  I submit this Declaration in support of my Response to Plaintiff’s Ex Parte Application.
3.      While I did receive a variety of emails from Plaintiffs, I did not receive a message from
Plaintiffs’ representative.  It is possible that the line was otherwise engaged.
4.      I would like to advise the Court that I continue to receive criminally harassing emails from
Stephen Gianelli, a stranger and ostensibly a lawyer from the Bay Area who presently resides in Greece.  I do not know this man.  He finds this conduct amusing and works in tandem, at times, with Leonard Cohen’s fan, Susanne Walsh.  Both Robert Kory and Michelle Rice have been copied in on these emails in the past month.  Furthermore, I have received nearly 2,000 pages worth of harassing emails from these individuals since filing my Motion for Terminating Sanctions in mid-March.  I am now receiving rather absurd harassing emails from Lana Clarkson’s publicist, Ed Lozzi, who posed a question about Michelle Rice.  I would like the Court to review that document.  This is the individual who shot herself at Phil Spector’s house on February 3, 2007 and I am not a party to that case.  Exhibit A:  Emails from Ed Lozzi dated May 28, 2015 at 8:33 AM;
5.      Should this Court decide to instruct Plaintiffs to file their Motion for Sanctions, which
contains a reference to the Phil Spector “gun” incident, they should be instructed to formally notify Phil Spector’s attorney of record or appellate attorney as he has a right to confront his accuser.  In the alternative, they should be instructed to remove the statements.  I referred to the three versions of that statement to address a pattern of perjury on the part of Leonard Cohen and not to prove which version was correct.  That is none of my business.  I have however taken the following position about this situation vis a vis Leonard Cohen:  1)  For approximately 20 years, Leonard Cohen personally told me that Phil Spector never held a gun on him; 2) Mick Brown, UK Telegraph, advised me that he personally reviewed the Spector Grand Jury transcripts and Leonard Cohen’s statements/testimony was presented to the jury; 3) the Spector prosecution’s Motion in Limine (February 2005) is readily available online at LA Superior Court and that document contains one version of Leonard Cohen’s highly embellished alleged “gun” story related to Phil Spector; and, 4) there are now three versions of Leonard Cohen’s good rock ‘n roll “gun” story before LA Superior Court at this time.  Cohen’s Motion for Sanctions takes the position, if I recall correctly, that I said he perjured himself before Phil Spector’s Grand Jury.  The Grand Jury Legal Adviser herself was unable to determine what witness presented these statements and/or testimony. 
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.  Signed May 29, 2015.  Kelley Lynch.

Filed May 29, 2015:  
Hearing before Judge Robert Hess.

Leonard Cohen is now represented by two law firms in this matter (Kory/Rice & Bergman Law Group who represented her younger son’s father in the coordinated custody matter)
Rice advised Judge Hess that Bergman would handle questions with the Court.  Rice confirmed that Jeffrey Korn withdrew.  Email service – Judge Hess said a new order would have to be proposed.  He confirmed that there is no agreement with respect to email with Kory/Rice or Bergman on file.  Communications between the parties via email is acceptable. 
Hearing Held – Judge Hess temporarily sealed records; confirmed that corporate tax returns (partnership) hold mutual attorney client privileges; etc.  The primary discussion involved Kelley Lynch’s declaration & certain exhibits – including Machat & Machat’s property used with authorization.  Some documents temporarily sealed; Cohen’s lawyers heavely redacted Kelley Lynch’s declaration. 
Judge Hess would not, as Lynch requested, order Cohen’s lawyres to file the Motion for Sanctions they have threatened her with.
Judge Hess annoyed that Kelley Lynch interrupted him.  Perhaps he would like to go up against the man who destroyed his family at some point in the future.
Hearing on Motion for Terminating Sanctions (discussed) scheduled for June 23, 2015.
Federal RICO suit against Leonard Cohen will be filed thereafter. 
Judge Hess confirmed for all parties that the email address they should use to communicate with Kelley Lynch is kelley.lynch.2010@gmail.com.
Kelley Lynch will now file a Motion to Vacate Leonard Cohen's fraudulent "domestic violence" order and the order in Related Case No.  BC341120 as she is now being threatened over that case.

EXHIBIT A
From: Pourya Keshavarzi <PKeshavarzi@bergman-law.com>
Date: Thu, May 28, 2015 at 4:51 PM
Subject: COHEN v. LYNCH, et al.
To: "Kelley.lynch "Kelley.Lynch.2010@gmail.com" <Kelley.Lynch.2010@gmail.com>
Cc: Michelle Rice <mrice@koryrice.com>, Dan Bergman <DBergman@bergman-law.com>, Bryan Bergman <BBergman@bergman-law.com>


Good afternoon Ms. Lynch:

Attached, please find: 1) Plaintiff’s ex parte application to grant Plaintiff’s Motion to seal portions of the court record, or in the alternative for an order shortening time on the hearing of Plaintiff’s Motion to seal; Declaration of Pourya Keshavarzi re ex parte notice, 2) Proposed order on Plaintiff’s ex parte application for Motion to seal portions of the court record or in the alternative, for an order shortening time for hearing on said Motion, 3) Corrected Plaintiff’s notice of Motion and Motion to seal portions of the court record, and 4) Corrected proposed order on Plaintiff’s Motion to seal Portions of the court record.

Very truly yours,

Pourya Keshavarzi 
BERGMAN LAW GROUP 
21600 Oxnard Street, Suite 1100
Woodland Hills, CA 91367-7845
(818) 999-9100
(818) 999-9184-fax
Pkeshavarzi@bergman-law.com


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EXHIBIT B

From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Sun, May 24, 2015 at 10:26 PM
Subject: Phillip Spector - pending petition for habeas corpus in the federal district court
To: epl@lozzipr.com

Dear Ed,

You latest blog post about the pending Spector “appeal” being mere grandstanding evinces a lack of understanding of the process that is now playing out in federal court.

Now that the state court appeals (California Court of appeal, petition for review to the California Supreme Court) have been exhausted, Spector may now ask (and has asked) the federal district court to review the FEDERAL issues implicated by the conviction, of which there are several – including the so called “structural error” consisting of the prosecutor playing a Court TV video tape of the trial judge from a prior hearing held outside the presence of the jury in trial #1 indicating where an evidence technician (whose hands could only be seen by the court at the hearing) was testifying that she observed blood on the victim’s hands. (This was a key issue, because blood on the front of the hand would indicate a defensive position of the hand, blood on the back of the hand would suggest a suicide.)

This is a meritorious issue, and if Riordan is correct that structural error was committed, it will result in an automatic reversal and retrial with no weighing of prejudice.  

It should also be noted that only one appellate court has looked at the case “on the merits” of the issues: The California Court of appeal. The petitions to the California Supreme Court [FN - below] and to the United States Supreme Court [FN] were discretionary (and decided on considerations OTHER THAN the merits of Spector’s arguments on appeal) Therefore, the fact that the California and United States Supreme Court denied the respective petitions for review is no reflection at all on the merit of Spector’s issues on appeal, including those now pending in the district court.

This issue is now being evaluated by a federal magistrate on the briefs submitted by each side under federal court case law decided under the United States Constitution.  By September of this year the magistrate judge will submit his report and recommended disposition of Spector’s petition (grant or deny) and then the assigned district court judge will sign off. The losing side in that decision may then appeal to the 9th Circuit Court of Appeals. That forum is where Spector appellate counsel Dennis Riordan is best known and respected by the justices, and has also had his highest rate of success – including Mr. Riordan’s recent successful appeal on behalf of Barry Bonds of his obstruction of justice conviction. (Bonds’ conviction was reversed on technical legal grounds, and he may not be retried.)

To write this process off as mere “grandstanding” or to infer from the prior decisions affirming the conviction during the state court appeal process (or from the US Supreme Court’s refusal to exercise discretionary review, which decision was not “on the merits” and was a one and a million shot to begin with) – that Spector has no chance of succeeding in the district court or in the 9th circuit would be a mistake.

Note also that Barry Bonds initially LOST in the 9th Circuit, but that Dennis Riordan convinced the either 9th Circuit to hear the case “en banc”, and it was during this process that Dennis Riordan won the case for his client. (The oral argument is on line, and you can see from the video the tremendous respect the justices of the 9th Circuit Court of Appeals have for Mr. Riordan and you can also see how posed and skilled he is arguing before the court.) 

http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000006568 

This video vividly illustrates that with a lawyer of Dennis Riordan’s caliber representing the defendant, the case truly “ain’t over till its over”.

I am no apologist for Phil Spector, nor do I have an opinion as to his guilt or innocence.

I simply believe that we cannot decide the case until he has had a fair trial, and that he has not had. The trial should have been about one thing only” Who was holding the gun when Lana Clarkson died. Instead, too much of the trial consisted of airing ancient history, 30, 20, and 10 years before Spector even met Clarkson.

Very truly yours,

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

-----
FN- The California Supreme Court’s function is to preside over the orderly and consistent development of California case law. Therefore, the primary ground for granting a petition in a particular case is if review is necessary to secure uniformity of decision among the appellate courts or to settle an important question of law, as stated in California Rules of Court, rule 8.500(b).  The U.S. Supreme Court gives full consideration to but a small fraction of the cases it has authority to review. With many important categories of cases, the party seeking Supreme Court review does so by "petitioning" the Court to issue a "writ of certiorari." (See, e.g., 28 U.S.C. §§ 1254, 1257, 2350.) While a decision to deny cert. lets the lower court's ruling stand, it does not constitute a decision by the Supreme Court on any of the legal issues raised by the case. Rule 10 of the Supreme Court Rules lists some of the considerations that may lead the Court to grant certiorari. But the decision to grant or deny cert. is discretionary.

EXHIBIT C

From: Edward Lozzi <friendsoflanaclarkson@yahoo.com>
Date: Thu, May 28, 2015 at 8:33 AM
Subject: Press Release
To: "kelley.lynch.2010@gmail.com" <kelley.lynch.2010@gmail.com>


Ms. Lynch,

Interesting blog.

My question is: When you acknowledge Michelle Rice's dominance over you by kneeling before her and notifying the Court that you are WITHDRAWING your Motion for Terminating Sanctions as Ms. Rice's letter of May 26, 2015 demands (and as we all know you will) are you also going to send out a press release informing everyone on your original distribution list (including Web Heights/Marie Mazur) that after all of the hoopla on your blog you have decided to run and hide like a scared little puppy with your tale between your legs?

You see, I have always known the despite your tough talk you are a coward at heart - ever since you started publicly attacking a woman whose daughter was a murder victim.

Cyber bullies always are.

That is one press release that I cannot wait to read and would be pleased to help you write.

EXHIBIT D
From: Marianne I. <Marianne1957@gmx.com>
Date: Fri, May 29, 2015 at 12:58 AM
Subject: Rotten tatics?
To: kelley.lynch.2010@gmail.com


My, my, what an angry little blog you have.

Tell me, Kelley Lynch, why you talk so tough on your blog - "warning" Judge Hess about this or that, threatening to bring the court's attention to this or that person and their emails - but when you are notified of a hearing you stay home!

One would think, my dear, that with all of your talk, talk, talk you would jump at the chance to appear at ever court appearance you could, to bring all of the "criminal harassment" you emagine suffering to the judge's attention. But instead you stay home.

"I was never served" and "I never agreed to email service" seems to be your mantra, doesent it dear?

You stole Leoanrd's money and now you are afraid to face the court.

I don't blame you dear. I would be hiding my face from the world too if I was in your shoes....


EXHIBIT D

BLOODY STUMP EMAIL

REDACTED

False and slanderous allegations made
About Kelley Lynch, her sons, Oliver Stone,

and with respect to the horrifying Whole Foods incident
at

Thursday, May 28, 2015

Leonard Cohen's Lawyers' Rotten, Sleazy Tactics

From: Kelley Lynch <kelley.lynch.2013@gmail.com>
Date: Thu, May 28, 2015 at 5:09 PM
Subject: Re: COHEN v. LYNCH, et al.
To: Pourya Keshavarzi <PKeshavarzi@bergman-law.com>, "*IRS.Commisioner" <*IRS.Commisioner@irs.gov>, Washington Field <washington.field@ic.fbi.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>, lrohter <lrohter@nytimes.com>, Harriet Ryan <harriet.ryan@latimes.com>, "hailey.branson" <hailey.branson@latimes.com>, "stan.garnett" <stan.garnett@gmail.com>, "USLawEnforcement@google.com" <USLawEnforcement@google.com>, Feedback <feedback@calbar.ca.gov>, mike.feuer@lacity.org, "mayor.garcetti" <mayor.garcetti@lacity.org>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, OPLA-PD-LOS-OCC@ice.dhs.gov
Cc: "Kelley.lynch.2013@gmail.com" <Kelley.lynch.2013@gmail.com>, Michelle Rice <mrice@koryrice.com>, Dan Bergman <DBergman@bergman-law.com>, Bryan Bergman <BBergman@bergman-law.com>


Kory/Rice and Bergman Law Group,

Are you telling me that you are sending corrected documents at 5.03 PM?  That is unacceptable.  These documents had to be served by 10 AM this morning.  I also refuse to accept service by email.  I am not attempting to evade service.  However, due to the lack of service of the summons & complaint; the order allegedly filed in January 2014; documents served and not filed; and Judge Hess' Order from November 2013 (that was not rescinded or withdrawn or modified), I refuse to accept service.  I also view this as entirely harassing and unprofessional.  The same goes for Ray's father's custody lawyer tactic.  He destroyed my son's life.  He willfully violated the Court's order to communicate with me; my son never called (and his father violated that order every other night until Ray was 18; he failed to serve me documents he said he served; and the same type of tactics have been used against me.  

Please let Judge Hess know that you failed to serve me and I refuse to accept service of any correct document, or any document whatsoever, related to an ex parte hearing schedule for tomorrow morning which I was emailed (without my consent) at approximately 5:03 PM.

I find it rather odd that you want my letters advising Westin that the corporations do not have an office at my office rather bizarre.  Also, sealing (or attempting) aspects of Cohen's Complaint, etc. rather bizarre.  And, you lied to the Court.  I do not have all documents on the blog.  Take a look again at what was posted on the blog.

I would like the Court to see Ed Lozzi's email harassing me over Michelle Rice, the attorney record.


Kelley Lynch

From: Edward Lozzi <friendsoflanaclarkson@yahoo.com>
Date: Thu, May 28, 2015 at 8:33 AM
Subject: Press Release
To: "kelley.lynch.2010@gmail.com" <kelley.lynch.2010@gmail.com>
Ms. Lynch,
Interesting blog.
My question is: When you acknowledge Michelle Rice's dominance over you by kneeling before her and notifying the Court that you are WITHDRAWING your Motion for Terminating Sanctions as Ms. Rice's letter of May 26, 2015 demands (and as we all know you will) are you also going to send out a press release informing everyone on your original distribution list (including Web Heights/Marie Mazur) that after all of the hoopla on your blog you have decided to run and hide like a scared little puppy with your tale between your legs?
You see, I have always known the despite your tough talk you are a coward at heart - ever since you started publicly attacking a woman whose daughter was a murder victim.
Cyber bullies always are.
That is one press release that I cannot wait to read and would be pleased to help you write.

Kelley Lynch

On Thu, May 28, 2015 at 4:51 PM, Pourya Keshavarzi <PKeshavarzi@bergman-law.com> wrote:

Good afternoon Ms. Lynch:

Attached, please find: 1) Plaintiff’s ex parte application to grant Plaintiff’s Motion to seal portions of the court record, or in the alternative for an order shortening time on the hearing of Plaintiff’s Motion to seal; Declaration of Pourya Keshavarzi re ex parte notice, 2) Proposed order on Plaintiff’s ex parte application for Motion to seal portions of the court record or in the alternative, for an order shortening time for hearing on said Motion, 3) Corrected Plaintiff’s notice of Motion and Motion to seal portions of the court record, and 4) Corrected proposed order on Plaintiff’s Motion to seal Portions of the court record.

Very truly yours,

Pourya Keshavarzi
BERGMAN LAW GROUP
21600 Oxnard Street, Suite 1100
Woodland Hills, CA 91367-7845
(818) 999-9100
(818) 999-9184-fax
Pkeshavarzi@bergman-law.com

********* INTERNET EMAIL CONFIDENTIALITY NOTICE********

Privileged/Confidential Information may be contained in this message.  If you are not the addressee indicated in this message (or responsible for delivery of the message to such person) you may not copy or deliver this message to anyone.  In such case, you should destroy this message (and attachments) and kindly notify the sender by reply mail.  Please advise immediately if you or your employer do not consent to Internet email for messages of this kind.  Opinions, conclusions and other information in this message that do not relate to official business of this firm shall be understood as neither given nor endorsed by it.

at