14
June 2015
Judge
Robert Hess
Los
Angeles Superior Court
Department
24
111 N.
Hill Street
Los
Angeles, California 90012
Re: Kelley Lynch – Case No. BC338322
Dear
Judge Hess,
I am
writing to confirm that I prepared and provided Kelley Lynch with the
declaration attached hereto. I was
unavailable to provide the actual physical signature on this document prior to
the date Kelley submitted her Motion for Terminating Sanctions. I therefore provided her with my limited power
of attorney which authorized her to conform my signature on the
declaration. I also provided her with
the signature page which I understand she now intends to submit to the
Court. I can attest hereto that the
attached declaration, which is identical to the declaration submitted to this
Court with Kelley Lynch’s Motion for Terminating Sanctions, was initially
submitted with my full authorization and consent. I am willing to provide the Court with a
notarized copy of this declaration if necessary.
I would
also like to confirm that, while I was unavailable to attend the January 17,
2014 hearing in this case, I was willing to testify telephonically. I am still willing to testify telephonically. I reside in Colorado and am unable to make
any personal appearances before the Court.
I would
also like to point out what might be viewed as a discrepancy with respect to my
name as it appears in the declaration.
My legal name is Clea Westfal.
Yongzin Rinpoche, my husband, uses his family name which is
Surkhang. Therefore, I have signed two
different copies of the signature page – one as Clea Westfal and the other as
Clea Surkhang – ensure that no further difficulties arise.
If you
have any questions, please feel free to contact me directly at REDACTED.
Thank
you.
Very
truly yours,
/s/
Clea Surkhang Westphal
DECLARATION OF CLEA SURKHANG
I, Clea
Surkhang, do state and declare as follows:
1. I am a citizen of the United States who currently
resides in Longmont, Colorado. I am a close
personal
friend of defendant, Kelley Ann Lynch. I am over the age of 18 years. I have personal knowledge of the facts contained in this
declaration and if called upon to testify I could and would testify competently
as to the truth of the facts stated here.
2.
I have been a close friend of
Kelley Lynch’s for over 29 years. We met
at a Buddhist seminary in
the summer of 1985.
2.
During the mid-to-late 1980s,
Kelley and I both lived in New York City.
We saw each other
every week for dinners and spent time with one another over the
weekends. Kelley had a young son at the
time and they lived together in a beautiful apartment that she kept spotless.
3.
In 1987, I
moved from New York City to Colorado.
Kelley and I remained in close touch and
visited
one another when we were able to. My
husband, Yongzin Rinpoche, is also a close personal friend of Kelley’s.
4.
I have spent time substantial time with Kelley over the
years, watched her children grow up, and
know that
she is a very caring mother. Her first
love is her children.
5.
I am aware that Kelley worked as Leonard Cohen’s personal
manager for approximately 17 years.
She never
once indicated that they were having an intimate dating or engagement
relationship, brief or otherwise. Over
the years, we have frequently had long girl talks and Leonard Cohen was simply
not someone she was ever interested in dating or attracted to. I specifically recall asking her
directly: “Were you dating?” “Did you ever find Cohen attractive?” Her answer was always “No.”
6.
I’ve watched Kelley’s sons, Rutger and Ray, throughout
their childhoods. They are both bright,
good
hearted fellows. Kelley is an amazingly
strong, kind-hearted being, who has worked her entire life to help her
children, parents, friends, and everyone who needed her assistance. Her care for others is genuine and
profound.
7.
My husband and I visited Kelley in the late spring/early
summer of 2005. At that time, she was
approximately
5’6”, very thin, had large blue eyes, and wore her hair a very dark shade of
brown and extremely short. I recall this
because her appearance had changed radically from the last time I saw her.
8.
Since Leonard Cohen filed his 2005 lawsuit against Kelley
, she has continually maintained that
she was
not served the summons and complaint.
9.
In the spring/early summer of 2007, my husband and I invited
Kelley to stay with us at my
mother’s
home in Erie, Colorado.
10. I am quite
confident in Kelley’s integrity and the fact that she is as professional and
straightforward in her business dealings as
she has been in her friendship.
I declare
under penalty of perjury under the laws of the State of California that the
foregoing is
true and correct. On the 4th day of December 2015, I
verbally authorized Kelley Lynch to execute this declaration on my behalf in
Los Angeles, California.
___________________________________
Clea
Surkhang
