Date: Mon, Feb 13, 2017 at 2:26 PM
Subject: Fwd: B267794 - Cohen v. Lynch [ Trial Court Case No: BC338322 ]
To: WCL CL <wlascher@fcoplaw.com>, "*irs. commissioner" <*IRS.Commissioner@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>, 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, alan hootnick <ahootnick@yahoo.com>, bruce <bruce@brucecutler.com>
Ms. Lascher,
Michelle Rice has been the attorney on appeal well in advance of you. You and your co-counsel have an affirmative duty to advise the court that plaintiff LC Investments, LLC has a cancelled status in California. This is most certainly evidence of bad faith. Furthermore, it is relevant and material that there is no evidence before the appellate court that LC Investments, LLC is inside the trust. There are no matters in this case before the trial court. There is an appeal.
Michelle Rice has been the attorney on appeal well in advance of you. You and your co-counsel have an affirmative duty to advise the court that plaintiff LC Investments, LLC has a cancelled status in California. This is most certainly evidence of bad faith. Furthermore, it is relevant and material that there is no evidence before the appellate court that LC Investments, LLC is inside the trust. There are no matters in this case before the trial court. There is an appeal.
I've asked about this issue. You responded by telling me it's a trial counsel issue and copied in Michelle Rice. Robert Kory is the corporate counsel. At least, that's what LA Superior Court and the State of California have been advised.
Kelley Lynch
Attorneys representing corporate clients in California courts have an affirmative duty to advise the court of the corporation’s incapacity, notwithstanding attorney-client confidentiality. The failure to advise the court is evidence of bad faith that may support an award of sanctions.
200032610011 LC INVESTMENTS, LLC
Registration Date:
11/09/2000
Jurisdiction:
DELAWARE
Entity Type:
FOREIGN
Status:
CANCELED
Agent for Service of Process:
ROBERT B KORY
9300 WILSHIRE BLVD STE 200
BEVERLY HILLS CA 90212
9300 WILSHIRE BLVD STE 200
BEVERLY HILLS CA 90212
Entity Address:
2140 S DUPONT HWY
CAMDEN DE 19934
CAMDEN DE 19934
Entity Mailing Address:
2140 S DUPONT HWY
CAMDEN DE 19934
CAMDEN DE 19934
LLC Management
---------- Forwarded message ----------
From: Wendy C. Lascher <wlascher@fcoplaw.com>
Date: Mon, Feb 13, 2017 at 12:12 PM
Subject: RE: B267794 - Cohen v. Lynch [ Trial Court Case No: BC338322 ]
To: Kelley Lynch <kelley.lynch.2013@gmail.com>
Cc: "mrice@koryrice.com" <mrice@koryrice.com>
Wendy Lascher
From: Wendy C. Lascher <wlascher@fcoplaw.com>
Date: Mon, Feb 13, 2017 at 12:12 PM
Subject: RE: B267794 - Cohen v. Lynch [ Trial Court Case No: BC338322 ]
To: Kelley Lynch <kelley.lynch.2013@gmail.com>
Cc: "mrice@koryrice.com" <mrice@koryrice.com>
This is an issue for trial counsel. I am handling the appeal only.
Wendy Lascher
From: Kelley Lynch [mailto:kelley.lynch.2013@gmai
Sent: Monday, February 13, 2017 9:36 AM
To: Wendy C. Lascher; *irs. commissioner; Washington Field; ASKDOJ; : Division, Criminal; Doug.Davis; Dennis; MollyHale; fsb; rbyucaipa; khuvane; blourd; Robert MacMillan; a; wennermedia; Mick Brown; glenn.greenwald; Harriet Ryan; hailey.branson; stan.garnett; Mike Feuer; mayor.garcetti; Opla-pd-los-occ; Kelly.Sopko; Whistleblower; Attacheottawa; tips@radaronline.com; alan hootnick; bruce
Subject: Re: B267794 - Cohen v. Lynch [ Trial Court Case No: BC338322 ]
Sent: Monday, February 13, 2017 9:36 AM
To: Wendy C. Lascher; *irs. commissioner; Washington Field; ASKDOJ; : Division, Criminal; Doug.Davis; Dennis; MollyHale; fsb; rbyucaipa; khuvane; blourd; Robert MacMillan; a; wennermedia; Mick Brown; glenn.greenwald; Harriet Ryan; hailey.branson; stan.garnett; Mike Feuer; mayor.garcetti; Opla-pd-los-occ; Kelly.Sopko; Whistleblower; Attacheottawa; tips@radaronline.com; alan hootnick; bruce
Subject: Re: B267794 - Cohen v. Lynch [ Trial Court Case No: BC338322 ]
Ms. Lascher,
Will the plaintiff corporation be revived at this time? I think it's a relevant point.
Kelley Lynch
On Mon, Feb 13, 2017 at 9:34 AM, Kelley Lynch <kelley.lynch.2013@gmail.com> wrote:
IRS, FBI, and DOJ,
The plaintiff corporation status has been cancelled in California.
Kelley
200032610011 LC INVESTMENTS, LLC
Registration Date:
11/09/2000
Jurisdiction:
DELAWARE
Entity Type:
FOREIGN
Status:
CANCELED
Agent for Service of Process:
ROBERT B KORY
9300 WILSHIRE BLVD STE 200
BEVERLY HILLS CA 90212
9300 WILSHIRE BLVD STE 200
BEVERLY HILLS CA 90212
Entity Address:
2140 S DUPONT HWY
CAMDEN DE 19934
CAMDEN DE 19934
Entity Mailing Address:
2140 S DUPONT HWY
CAMDEN DE 19934
CAMDEN DE 19934
LLC Management
On Mon, Feb 13, 2017 at 9:33 AM, Kelley Lynch <kelley.lynch.2013@gmail.com> wrote:
Wendy Lascher,
The record has not been fully transmitted to the Appellate Court. We'll see what happens when the courts are open again tomorrow. In the meantime, the email I sent regarding this situation is self-explanatory.
One thing I wanted to note is that while Robert Kory may be trustee, no evidence has been submitting proving that LCI is inside the trust. I'll assume you will provide that information to the Court of Appeal. There are two plaintiffs.
Kelley Lynch
---------- Forwarded message ----------
From: Kelley Lynch <kelley.lynch.2013@gmail.com>
Date: Mon, Feb 13, 2017 at 9:25 AM
Subject: Fwd: B267794 - Cohen v. Lynch [ Trial Court Case No: BC338322 ]
To: "Renteria, James", Civil Appeals
From: Kelley Lynch <kelley.lynch.2013@gmail.com>
Date: Mon, Feb 13, 2017 at 9:25 AM
Subject: Fwd: B267794 - Cohen v. Lynch [ Trial Court Case No: BC338322 ]
To: "Renteria, James", Civil Appeals
James,
I'm reviewing the record transmitted to the Court of Appeal. While my motion to vacate the renewal of judgment is part of the designation of record, it was not transmitted. This is an ongoing issue with all appeals that involve me. The AOB is due Wednesday, February 15, 2017 so I would like to know what to do now.
LA Superior Court transmitted two volumes. The designation of record appears in Volume 2, page 404, and clearly attached a list of documents which included the Motion to Vacate the Renewal of Judgment dated July 28, 2015. Obviously, I cannot prepare a proper brief without this document being part of the appeal. Perhaps someone simply relied on the Respondent's designation of record and overlooked mine?
This Appeal needs to be stayed until this is sorted out. I did not create this situation.
This information from CT 408, documents I designated, is included below. The designation of record is attached. The missing documents include the motion to vacate the renewal of judgment and all declarations and exhibits.
Could you please let me know how to handle this.
Thank you,
Kelley Lynch
|
Documents Filed
10/16/2015 Notice of Appeal
Filed by Appellant, Appellant in Pro Per
Filed by Appellant, Appellant in Pro Per
10/07/2015 Order (Denying Defendant's Motion to Set Aside Renewal of Judgment )
Filed by Plaintiff
Filed by Plaintiff
09/21/2015 Opposition to Motion to Vacate; all declarations and exhibits.
Filed by Plaintiffs
07/28/2015 Motion to Vacate Renewal of Judgment; all declarations and exhibits.
Filed by Defendant
07/13/2015 Renewal of Judgment (in the amt of $14,059,183.80 FILED )
Filed by Attorney for Pltf/Petnr
Filed by Attorney for Pltf/Petnr
07/13/2015 Notice (of renewal of judgment: issued )
Filed by Attorney for Pltf/Petnr
Filed by Attorney for Pltf/Petnr
---------- Forwarded message ----------
From: Renteria, James
Date: Mon, Jan 30, 2017 at 1:43 PM
Subject: B267794 - Cohen v. Lynch [ Trial Court Case No: BC338322 ]
To: "kelley.lynch.2013@gmail.com" <kelley.lynch.2013@gmail.com>
From: Renteria, James
Date: Mon, Jan 30, 2017 at 1:43 PM
Subject: B267794 - Cohen v. Lynch [ Trial Court Case No: BC338322 ]
To: "kelley.lynch.2013@gmail.com" <kelley.lynch.2013@gmail.com>
Please See Attached
James Renteria, Deputy Clerk
COURT OF APPEAL, SECOND APPELLATE DISTRICT
300 South Spring Street Ÿ Second Floor North Tower Ÿ Los Angeles, CA 90013
General: 213-830-7000 Ÿ Direct: 213-830-7130
Committed to providing fair and equal access to justice for all Californians