Active Conspirators: Solomon Ward Seidenwurm & Smith

  
   


Below is a copy of a court transcript of a Default Hearing from October 5, 2007 I recieved from Mr. James Partridge on a 3.5 inch floppy disk.

The transcript is a fraud.

At minimum on page 6 - Line 3 - the words SATELLITE and ANTENNA is missing.

At Minimum on page 4 - Line 8 - Down to Page 5 - Line 28 - seven domain names are missing. I am reading from a copy of emails in my hands and the court reporter has added a domain name (pacificlawcenters.com) that is not written on the emails, but it makes the court transcript look good for the plaintiffs.(You can read the email on the bottom of this page)

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1

1                IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

2                      IN AND FOR THE COUNTY OF SAN DIEGO

3                 DEPARTMENT 75 HON. RICHARD E.L. STRAUSS, JUDGE

4

5 __________________________________________
                                            )
6      PACIFIC LAW CENTER,                  
       A PROFESSIONAL CORPORATION,          
7                                           
        PLAINTIFF,                          
8                                           
            VS.                                  CASE NO. GIC 878352
9                                           )
      SHAROKH SAADATNEJAD,                  
10    INDIVIDUALLY AND DOING BUSINESS AS    
      PACIFICLAWCENTERS.COM AND             
11    USHOSTAGE.COM; AND DOES 1 THROUGH 50, )
      INCLUSIVE,                            
12                                          
       DEFENDANTS.                          
13 _________________________________________)

14

15

16                     REPORTER'S TRANSCRIPT OF PROCEEDINGS

17                                OCTOBER 5, 2007

18

19

20                APPEARANCES:

21                FOR THE PLAINTIFF: EDWARD J. MCINTYRE, ESQ.
                  SOLOMON, WARD, SEIDENWURM & SMITH
22                401 B STREET, SUITE 1200
                  SAN DIEGO, CALIFORNIA 92101
23 
                  FOR THE DEFENDANTS: IN PRO PER
24

25

26                    REPORTED BY: JAMES PARTRIDGE, CSR NO. 6226

27                              OFFICIAL REPORTER
                                330 WEST BROADWAY
28                         SAN DIEGO, CALIFORNIA 92101

Page: 1

1 SAN DIEGO, CALIFORNIA, FRIDAY, OCTOBER 5, 2007, 11:10 A.M.

2 --000--

3 THE COURT: GOOD MORNING.

4 MR. MCINTYRE: GOOD MORNING, YOUR HONOR.

5 MR. SAADAT-NEJAD: GOOD MORNING, YOUR HONOR.

6 THE COURT: EVERYBODY'S APPEARANCE FOR THE RECORD,

7 PLEASE.

8 MR. MCINTYRE: GOOD MORNING, YOUR HONOR. EDWARD MCINTYRE

9 ON BEHALF OF PACIFIC LAW CENTER. WITH ME IS MR. SLATTERY, THE

10 SUPERVISING ATTORNEY AT PACIFIC LAW CENTER.

11 MR. SLATTERY: GOOD MORNING, YOUR HONOR.

12 MR. SAADAT-NEJAD: GOOD MORNING, YOUR HONOR. SHAROKH

13 SAADAT-NEJAD. I AM THE DEFENDANT FOR THIS MATTER.

14 THE COURT: OKAY. THIS IS ON FOR A DEFAULT PROVE-UP

15 HEARING. WHAT'S THE SITUATION?

16 MR. MCINTYRE: DEFAULT JUDGMENT WAS ENTERED BY THE COURT

17 ON APRIL 16TH OF THIS YEAR, AND THE COURT WANTED THE PROVE-UP BY

18 LIVE APPEARANCE, RATHER THAN JUST DOING IT ON THE PAPERWORK.

19 I'M PREPARED TO GO FORWARD ON THAT, YOUR HONOR.

20 THE COURT: ALL RIGHT.

21 MR. MCINTYRE: LET ME TELL YOU WHAT I HAVE FOR THE COURT.

22 YOU ENTERED A PRELIMINARY INJUNCTION, AND ONE OF THE THINGS I

23 WANTED IN THE JUDGMENT IS A PERMANENT INJUNCTION THAT PUTS --

24 THIS IS REALLY THE END OF THE LINE OF THIS CASE. THERE IS, AS

25 YOU KNOW, A PARALLEL CASE IN FEDERAL COURT. YOU ENTERED A

26 PRELIMINARY INJUNCTION, AS DID THE FEDERAL COURT.

27 MR. SAADAT-NEJAD SAW FIT TO VIOLATE JUDGE BURNS' ORDER. THERE

28 WAS A HEARING ON CONTEMPT. JUDGE BURNS FOUND CONTEMPT BY CLEAR

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1 AND CONVINCING EVIDENCE, AND PUT MR. SAADAT-NEJAD IN CUSTODY FOR

2 13 DAYS. I HAVE, AND I'D ASK THE COURT TO TAKE JUDICIAL NOTICE

3 OF IT, JUDGE BURNS' ORDER FINDING HIM IN CONTEMPT AND PUTTING

4 HIM IN CUSTODY.

5 I'M ALSO GOING TO ASK THE COURT TO MAKE A FINDING

6 UNDER 15 U.S.C. 1117, I BELIEVE, THAT THIS IS AN EXCEPTIONAL

7 CASE, SO THAT MY CLIENT IS ENTITLED TO ITS ATTORNEYS' FEES AS

8 PART OF THE JUDGMENT. AND I HAVE A DECLARATION, WHICH SHOULD BE

9 IN THE COURT FILE, BUT I HAVE AN EXTRA COPY FOR THE COURT.

10 THE COURT: I READ IT.

11 MR. MCINTYRE: OKAY. WHICH UNDERSCORES THE ATTORNEYS'

12 FEES AS OF THAT DATE. I BROUGHT IT TO CURRENT. THERE IS AN

13 ADDITIONAL ROUGHLY $7800. I HAVE THAT DECLARATION, AND I WILL

14 SUBMIT THAT TO THE COURT SO WE HAVE IT CURRENT AND UP TO DATE.

15 THAT'S ONE QUANTUM OF THE DAMAGES. IT TOTALS ABOUT $42,000 IN

16 ATTORNEYS' FEES AND COSTS.

17 IN ADDITION, I HAVE MR. SLATTERY HERE, WHO IS

18 PREPARED TO TESTIFY TO SOME OTHER ELEMENTS OF DAMAGE. FOR THE

19 COURT, I HAVE -- IF YOU WOULD LIKE TO TAKE A LOOK AT IT -- THIS

20 OWN COURT'S TEMPORARY RESTRAINING ORDER, OBVIOUSLY, THE ENTRY OF

21 DEFAULT, MY DECLARATION, ORIGINAL DECLARATION THAT WAS ASKING

22 FOR ATTORNEYS' FEES, AND THE ORDERS FROM THE FEDERAL COURT,

23 INCLUDING MR. SAADAT-NEJAD'S RESPONSE TO THE ALLEGED CONTEMPT,

24 WHERE HE TOLD JUDGE BURNS UNDER OATH THAT HE INTENDED TO GO ON

25 AND REGISTER PACIFIC LAWYERS CENTER, HIS LITTLE VARIANT ON THE

26 THEME, AS HIS TRADEMARK. HE HAS EXHIBITED, EVEN TO THE POINT OF

27 BEING INCARCERATED FOR CONTEMPT, A CONTINUING DESIRE TO FLAUNT

28 ORDERS, NOT ONLY OF THIS COURT BUT ALSO OF JUDGE BURNS.

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1 I BELIEVE WE QUALIFY TO HAVE THIS CASE MARKED AS AN

2 EXCEPTIONAL CASE, THE STANDARD FOR WHICH, YOUR HONOR, IS SIMPLY

3 THAT THE COURT FIND THAT HIS CONDUCT IS BEYOND THE PALE OF

4 REASONABLE CONDUCT. THEN, OBVIOUSLY, THERE ARE ALSO SOME

5 DAMAGES. I WILL ALSO CONCEDE ON THE RECORD THAT THE CHANCES OF

6 COLLECTING ON THAT JUDGMENT ARE PROBABLY SLIM, BUT WE'D LIKE TO

7 TERMINATE THIS CASE WITH A PERMANENT INJUNCTION AND A JUDGMENT

8 THAT WOULD AT LEAST GIVE US A JUDGMENT FOR DAMAGES. IF I COULD

9 HAND TO THE BAILIFF AND PERHAPS HE WOULD GIVE YOUR HONOR SOME

10 PAPERS, IT WILL SAVE YOUR LEAFING THROUGH THE FILE, YOUR HONOR.

11 AND ALSO THE ORDERS OUT OF THE FEDERAL COURT.

12 THE COURT: ALL RIGHT.

13 MR. MCINTYRE: AS YOU REMEMBER, IN EARLY COLLOQUY, YOUR

14 HONOR, ABOUT THE FIRST AMENDMENT IMPLICATIONS FOR COMMERCIAL

15 SPEECH THAT WAS PENDING BEFORE THE CALIFORNIA SUPREME COURT, YOU

16 ASKED ME IF I HAD GONE AND READ THE BRIEFS FILED IN THE COURT.

17 I DID. AND THE CASE OUT OF LAGUNA BEACH, I BELIEVE, THE PERSON

18 STANDING OUTSIDE SLANDERING. AS YOUR HONOR KNOWS, IN A SPLIT

19 DECISION, THE CALIFORNIA SUPREME COURT CAME DOWN IN FAVOR OF

20 THAT INJUNCTION.

21 IF THE COURT HAS QUESTIONS, I WILL ADDRESS ANY ONE

22 OF THEM. WHEN THE COURT IS READY FOR THE TESTIMONY OF

23 MR. SLATTERY, I WILL BE HAPPY TO CALL HIM. I HAVE FOR THE

24 COURT, AND I'LL AGAIN, THROUGH THE BAILIFF, ASK HIM TO PRESENT

25 IT TO YOUR HONOR, A DAMAGES SUMMARY. I'VE JUST DONE THE MATH

26 HERE, YOUR HONOR, SO THAT YOU DON'T HAVE TO. AS WELL AS MY

27 DECLARATION THAT BREAKS DOWN THE ADDITIONAL ATTORNEYS' FEES.

28 AND I'VE PREPARED A FORM OF JUDGMENT, WHICH WE CAN GET TO, A

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1 FORMAL PERMANENT INJUNCTION, WHEN YOUR HONOR IS READY.

2 THE COURT: OKAY.

3 MR. MCINTYRE: THAT LAYS OUT, YOUR HONOR, WHAT I HAVE. I

4 WILL BE HAPPY TO PRESENT, AS THE COURT DESIRES.

5 THE COURT: MR. SAADAT-NEJAD IS HERE.

6 MR. MCINTYRE: HE IS PRESENT, YOUR HONOR.

7 THE COURT: DO YOU HAVE SOMETHING TO SAY TO THE COURT?

8 MR. SAADAT-NEJAD: SIR, I HAVEN'T BEEN NOTIFIED OF ANY OF

9 THIS. MARCH 9TH OF THIS YEAR WAS THE FIRST COURT APPEARANCE I

10 MADE IN THIS CASE, AND AGREEMENT WAS MADE THAT I RECEIVE TWO

11 COPIES VIA FEDERAL EXPRESS FOR ANYTHING THAT'S FILED. NOT ONLY

12 THESE, BUT I JUST WALKED INTO COURT ABOUT TEN DAYS AGO, A WEEK

13 AGO, AND DISCOVERED THAT THERE'S BEEN THINGS GOING ON ON

14 CALENDAR REGARDING THIS CASE. THEY HAVEN'T MAILED ME ANYTHING.

15 I RECEIVED ONE ENVELOPE ABOUT THREE WEEKS AGO FROM YOUR COURT.

16 I STILL HAVEN'T BEEN ABLE TO GO RETRIEVE THAT FROM MY DAD, BUT

17 I'M GUESSING IT HAS TO DO WITH THE CONTINUATION OF LAST MONTH,

18 SEPTEMBER 14TH. NOBODY IS MAKING ME AWARE OF ANY OF THIS. THEY

19 ARE NOT MAILING ME OR FED-EXING ME ANY OF THE PAPERS THAT ARE

20 THEY ARE FILING.

21 I WANT TO TAKE THIS MATTER TO TRIAL. I HAVE BEEN

22 GATHERING EVIDENCE, SPENDING TIME AND MONEY TO PREPARE FOR THIS.

23 MY WEB SITES ARE SHUT DOWN OR SUSPENDED BECAUSE OF YOUR -- PART

24 HAS TO DO WITH THE COURT ORDER THAT YOU HAVE GIVEN. AND I WILL

25 QUOTE FROM THE GODADDY.COM EMAIL. PER THE PRELIMINARY,

26 INJUNCTION, YOU AND ANYONE ACTING IN CONCERT WITH YOU ARE

27 ENJOINED FROM REGISTERING OR TRAFFICKING ON ANY INTERNET WEB

28 SITE OR DOMAIN THAT CONTAINS THE WORDS PACIFIC, LAW AND CENTER

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1 AND SOLOMON AND WARD IN ANY RESPECT WHATSOEVER. FOR EXAMPLE,

2 USHOSTAGE.COM AND THE PACIFICLAWCENTERS.COM HAS BEEN SHUT DOWN

3 AND SUSPENDED BECAUSE OF YOUR COURT ORDER. AGAIN, MY FREEDOM OF

4 SPEECH HAS BEEN GETTING VIOLATED EVER SINCE YOU SIGNED THIS

5 COURT ORDER BEHIND CLOSED DOORS, WHICH I NEVER WAS SERVED TO

6 SHOW UP IN COURT FOR.

7 THE COURT: NOTHING IS DONE BEHIND CLOSED DOORS, SIR.

8 MR. SAADAT-NEJAD: SIR, I WASN'T IN COURT ON FEBRUARY

9 27TH, OR EVEN SERVED WITH THIS LAWSUIT, WHEN YOU SIGNED THE

10 COURT ORDER.

11 THE COURT: I THINK MR. MCINTYRE PRESENTED A PROOF OF

12 SERVICE.

13 MR. MCINTYRE: CORRECT, YOUR HONOR. MR. SAADAT-NEJAD,

14 ALTHOUGH HE CONTINUES TO CLAIM HE WASN'T HERE, WAS HERE. IN

15 FACT, ONE OF YOUR COURT ATTACHES ASKED HIM ON THAT DATE WHETHER

16 HE WANTED THE TRO HEARING RECORDED OR NOT, TRANSCRIBED OR NOT,

17 AND HE SAID NO.

18 JUST FOR THE RECORD, YOUR HONOR, THE INJUNCTION TO

19 WHICH HE IS REFERRING THAT WOULD BAR HIM OR ANYONE ACTING IN

20 CONCERT WITH HIM FROM USING THE WORDS PACIFIC, LAW OR CENTER ON

21 ANY WEB SITE, ET CETERA, IS JUDGE BURNS' PRELIMINARY INJUNCTION,

22 OBVIOUSLY ENFORCED WITH CONTEMPT AND CUSTODY, AND THAT'S THE ONE

23 WE SENT TO GODADDY.COM, AND ANYBODY ELSE, INVITING HIM EITHER TO

24 SHUT DOWN OR STAND IN POSSIBLE CONTEMPT OF JUDGE BURNS' ORDER.

25 HAS NOTHING TO DO WITH YOUR ORDER, YOUR HONOR.

26 MR. SAADAT-NEJAD: LET A JURY DECIDE ON THIS. I'M

27 ALLEGING THAT THIS IS FRAUD IN THIS COURT. THAT COURT ORDER, I

28 WAS NOT SERVED. I WALKED IN ON MY OWN ON MARCH 9TH FOR THE

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1 FIRST TIME. FOR THIS MAN TO SAY THAT I WAS HERE -- I CAN EASILY

2 GO AND GET SOME KIND OF TRACE WHERE I WAS, MOST LIKELY ON MY

3 CELL PHONE, TO SEE WHAT WAS USED DURING THE TIME FRAME OF

4 WHENEVER IT WAS THAT YOU SIGNED THE COURT ORDER. I WASN'T EVEN

5 IN THE VICINITY. I CAN PROVE THAT.

6 LET ME PRESENT MY EVIDENCE TO A JURY, TO SHOW THAT

7 THIS WHOLE THING IS A FRAUD, THEY ARE TRYING TO COVER UP ALL THE

8 CRIMES THAT THEY HAVE COMMITTED AGAINST ME, AND VIOLATION OF MY

9 FREEDOM OF SPEECH. IT'S STILL GOING ON. WHAT THEY ARE ASKING

10 THE COURT TO DO IS TO COVER THIS WHOLE THING UP. I WANT TO SHOW

11 THE JURY ALL MY EVIDENCE.

12 THE COURT: A DEFAULT WAS ENTERED BECAUSE THERE WAS NO

13 ANSWER FILED?

14 MR. MCINTYRE: CORRECT, YOUR HONOR, BACK IN APRIL OF THIS

15 YEAR.

16 MR. SAADAT-NEJAD: SIR, THEY FILED THE EXACT SAME THING

17 ACROSS THE STREET IN JUDGE BURNS' COURT, A DEFAULT FOR NOT

18 FILING AN ANSWER. I CAN EASILY TYPE UP A PAPER RIGHT ON THERE

19 AND SAY THIS IS FRAUD, AND FILE IT WITH THE COURT. I HAD NO

20 KNOWLEDGE WHAT THIS HEARING IS ABOUT. ALL I READ ON THE

21 PAPERWORK THAT IS PRINTED OUT FROM THE COMPUTER WAS DEFAULT

22 HEARING, THAT'S IT. I HAVEN'T RECEIVED NO PAPERWORK. WHAT HE

23 HAS JUST SERVED ME RIGHT NOW IS THE FIRST TIME I GET COPIES OF

24 THIS. I NEED A CHANCE TO RESPOND TO THE ATTEMPTS THAT I HAVE

25 BEEN TRYING TO DO.

26 THE COURT: ALL RIGHT, SIR.

27 MR. MCINTYRE, HE SAYS HE WANTS TO RESPOND. YOU

28 KNOW THE RULES ABOUT SETTING ASIDE DEFAULTS.

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1 MR. MCINTYRE: WELL, FIRST, NO JURY. WE ARE HERE SEEKING

2 INJUNCTIVE RELIEF AND, AS THE COURT MAY FIND, AN EXTRAORDINARY

3 CASE FOR DAMAGES. HE HAD THE TIME TO FILE AN ANSWER. HE KNEW

4 HOW TO FILE AN ANSWER. HE FILED ONE IN FEDERAL COURT. JUDGE

5 BURNS ACCEPTED IT, EVEN THOUGH --

6 THE COURT: I UNDERSTAND ALL THAT. IF I DO THIS AND HE

7 TELLS ME HE WANTS TO SET IT ASIDE, DON'T I HAVE TO SET IT ASIDE?

8 MR. MCINTYRE: YOU DON'T HAVE TO. IT'S WITHIN THE

9 COURT'S DISCRETION, OBVIOUSLY.

10 THE COURT: I KNOW. BUT YOU KNOW THE CALIFORNIA LAW.

11 MR. MCINTYRE: I UNDERSTAND.

12 THE COURT: I'M INCLINED TO LET HIM FILE HIS ANSWER.

13 MR. MCINTYRE: THEN WHAT, YOUR HONOR?

14 THE COURT: THEN WE WILL GO ACCORDING TO THE USUAL RULES,

15 AND WE WILL SEE WHAT HAPPENS.

16 MR. MCINTYRE: SINCE YOU'VE ALREADY ENTERED THE TRO, I

17 WOULD ASK THE COURT TO GIVE HIM TWO OR THREE DAYS TO FILE AN

18 ANSWER, AND SET IT FOR HEARING ON A PERMANENT INJUNCTION, WHICH

19 IS WHY WE ARE HERE.

20 MR. SAADAT-NEJAD: SIR --

21 MR. MCINTYRE: HE DOESN'T GET A JURY TRIAL ON THAT ISSUE.

22 JUDGE BURNS MADE THAT PATENTLY CLEAR TO HIM. AND I THINK YOUR

23 HONOR CAN EQUALLY MAKE IT PATENTLY CLEAR TO HIM. THAT IS YOUR

24 JURISDICTION, AND YOURS ALONE.

25 THE COURT: SIR.

26 MR. SAADAT-NEJAD: YOUR HONOR, I HAVE A LIFE, TOO. AS I

27 SAID, NOBODY NOTIFIED ME OF THESE COURT HEARINGS. SHOULD THE

28 PADRES HAVE MADE IT TO THE PLAYOFFS, IT WOULD BE VERY DIFFICULT

Page: 8

1 FOR ME TO MAKE IT TO THIS HEARING.

2 THE COURT: BUT THE PADRES ARE NOT IN THE PLAYOFFS.

3 MR. SAADAT-NEJAD: I KNOW, I KNOW, WHICH REALLY SUCKS.

4 BUT FOR THEM TO MAKE ALL THESE DECISIONS FOR THE COURT GIVEN TWO

5 OR THREE DAYS? GIVE ME SOME MORE TIME TO RESPOND TO THIS. I

6 MEAN, I'M BEING CORNERED. I'VE BEEN GETTING NOTHING BUT

7 CORNERED FROM THE BEGINNING OF THIS. AND FROM JUDGE BURNS.

8 TAKE IT TO TRIAL. THEY WROTE ON THEIR LAWSUIT THAT "WE DEMAND A

9 JURY TRIAL." LET'S TAKE IT OVER THERE.

10 THE COURT: THERE'S NO RIGHT TO A JURY IN THIS TYPE OF A

11 CASE, SIR. YOU HAVE TO UNDERSTAND THAT.

12 MR. SAADAT-NEJAD: SO YOU CAN MAKE ANY DECISION AND

13 THAT'S IT, YOUR HONOR?

14 THE COURT: I'LL GIVE YOU -- CAN YOU FILE YOUR ANSWER

15 WITHIN TWO WEEKS?

16 MR. SAADAT-NEJAD: YES, SIR.

17 THE COURT: ALL RIGHT. YOU HAVE UNTIL THE 19TH TO FILE

18 YOUR ANSWER.

19 MR. SAADAT-NEJAD: OKAY.

20 THE COURT: IF NOT, THIS DEFAULT WILL STAY IN PLACE. IF

21 YOU FILE YOUR ANSWER WE WILL REMOVE THE DEFAULT AND WE WILL GO

22 FORWARD FROM THERE.

23 MR. SAADAT-NEJAD: FAIR ENOUGH, SIR.

24 THE COURT: I DON'T KNOW WHY YOU'RE NOT GETTING THE

25 NOTIFICATION, BECAUSE MR. MCINTYRE IS SENDING TO YOU

26 NOTIFICATIONS. HAVE YOU CHANGED YOUR ADDRESS?

27 MR. SAADAT-NEJAD: NO, SIR. CAN YOU HAVE HIM PROVIDE

28 TRACKING NUMBERS? FROM MY UNDERSTANDING FROM THE COURT, THERE

Page: 9

1 WAS A DEFAULT SUBMITTED, AND IT WAS REJECTED BY THE COURT ON MAY

2 31ST OF 2007. I WASN'T EVEN AWARE OF THIS. THEY HAVEN'T BEEN

3 SENDING ME ANYTHING. I MEAN, THEY DID THE SAME THING ACROSS THE

4 STREET WITH JUDGE BURNS. THERE WAS PAPERWORK THAT WAS FILED AND

5 I NEVER RECEIVED THEM IN THE MAIL. I COME TO DOWNTOWN EVERY NOW

6 AND THEN. YES, I WILL COME INSIDE AND LOOK ON THE COMPUTER, IF

7 ANYTHING NEW IS HAPPENING. THAT'S PRETTY MUCH HOW I'M FINDING

8 OUT ABOUT THESE COURT DATES. IT'S NOT BECAUSE THEY ARE

9 FED-EXING ME ANYTHING. THE AGREEMENT WAS TWO COPIES. HAVE THEM

10 PROVIDE TRACKING NUMBERS.

11 MR. MCINTYRE: I THOUGHT I HEARD HIM ADMIT A FEW MINUTES

12 AGO THAT THERE WERE PAPERS AT HIS FATHER'S HOUSE, WHICH, AS THE

13 COURT WILL RECALL, WAS THE AGREEMENT ABOUT WHERE WE SEND PAPERS.

14 WE CAN'T BABY HIM, YOUR HONOR.

15 MR. SAADAT-NEJAD: ABOUT THREE WEEKS AGO AN ENVELOPE CAME

16 IN FROM YOUR COURT.

17 THE COURT: IF YOU'RE GOING TO USE YOUR FATHER'S ADDRESS,

18 ALL THEY HAVE TO DO IS SEND IT TO THAT ADDRESS.

19 MR. SAADAT-NEJAD: YES.

20 THE COURT: IF YOU DON'T GET THEM BECAUSE --

21 MR. SAADAT-NEJAD: NO --

22 THE COURT: JUST A SECOND.

23 -- BECAUSE YOU DON'T GO LOOK FOR IT, YOU DON'T GO

24 VERY OFTEN, YOUR FATHER LOSES IT, OR WHATEVER ELSE, THAT'S NOT

25 THEIR FAULT. IF YOU WANT TO USE A DIFFERENT ADDRESS THAT WORKS

26 BETTER FOR YOU, TELL US WHAT IT IS.

27 MR. SAADAT-NEJAD: SIR, THE SAME ADDRESS WORKS. MY

28 FATHER WILL INFORM ME IF THERE IS A FED EX PACKAGE OR TWO FED-EX

Page: 10

1 PACKAGES FOR ME, AND I WILL GO THERE AND PICK THEM UP. THERE

2 HASN'T BEEN. WHEN IT'S REGULAR MAIL, WHATEVER THE COURT WOULD

3 SEND ME, I'M SURE THAT WHEN I COME TO COURT AND LOOK AT YOUR

4 COMPUTER, LOOK AT THE FILE, THE SAME THING IS IN THERE. THAT'S

5 WHY I HAVEN'T GONE BACK. THIS IS ABOUT THREE WEEKS AGO. I'M

6 GUESSING THAT THAT PAPERWORK THAT WAS SENT TO ME HAS TO DO WITH

7 THIS BEING CONTINUED. BUT BEFORE THAT, NOTHING HAS BEEN SENT TO

8 ME. AS I SAID, I WASN'T EVEN AWARE OF A DEFAULT BEING IN THIS

9 WHOLE THING IN APRIL.

10 THE COURT: AT YOUR REQUEST OF USING YOUR FATHER'S

11 ADDRESS, THEY WILL SERVE AT YOUR FATHER'S ADDRESS. WITH A PROOF

12 OF SERVICE FILED, THAT'S GOOD ENOUGH FOR ME TO GO FORWARD. YOU

13 NEED TO GET YOUR ANSWER ON FILE BY THE 19TH.

14 MR. SAADAT-NEJAD: NO PROBLEM, SIR. BUT THEY ARE JUST

15 FILING PAPERWORK SAYING, "YES, WE SERVED HIM." BUT THEY ARE NOT

16 SERVING ME. THESE ARE FALSE STATEMENTS THAT THEY ARE MAKING. I

17 HAVE NO REASON TO LIE ABOUT ANYTHING. ALL I WANT TO DO IS

18 PRESENT MY EVIDENCES TO THE COURT. PLEASE ORDER THEM TO SHOW

19 THE TRACKING NUMBERS FOR THESE PAPERWORKS THAT THEY SAY THEY

20 HAVE SENT ME. THERE IS NO TRACKING NUMBER BECAUSE THERE NEVER

21 WAS FED EX PACKAGES SENT. PROVIDE THE TRACKING NUMBERS.

22 MR. MCINTYRE: SO THE COURT MIGHT UNDERSTAND, I'M ALSO

23 ACCUSED OF HAVING JUDGE BURNS IN MY POCKET. JUDGE BURNS DENIED

24 IT ON THE RECORD. AS YOUR HONOR MIGHT GUESS, IT ISN'T TRUE.

25 PUT THAT IN CONTEXT.

26 MR. SAADAT-NEJAD: WHAT WOULD TRIGGER ME TO GET ANGRY AT

27 JUDGE --

28 THE COURT: JUST A MOMENT, SIR.

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1 MR. SAADAT-NEJAD: YEAH.

2 THE COURT: WHAT'S THIS ABOUT AN AGREEMENT OF FED EX TWO

3 COPIES, THAT THAT'S THE WAY THE SERVICE WOULD BE DONE?

4 MR. MCINTYRE: THAT IS CORRECT, YOUR HONOR. I BELIEVE

5 THAT'S WHAT IT WAS BECAUSE THAT'S WHAT HE ASKED FOR. IT'S

6 WHATEVER HE HAD ASKED FOR.

7 THE COURT: IS THAT THE WAY IT'S BEEN DONE?

8 MR. MCINTYRE: TO MY KNOWLEDGE. WELL, IN STATE COURT,

9 YES. IN FEDERAL COURT WE HAVE A TOTALLY CAN DIFFERENT REGIME.

10 THE COURT: IF YOU USE FED-EX, THERE WOULD BE TRACKING

11 NUMBERS.

12 MR. MCINTYRE: THERE ARE. THERE SHOULD BE.

13 THE COURT: MAKE AN ARRANGEMENT WITH FED-EX THAT YOU

14 OBTAIN THE TRACKING NUMBERS, SO YOU WON'T HAVE A DISPUTE ABOUT

15 THIS.

16 MR. MCINTYRE: ALL RIGHT, YOUR HONOR. WOULD YOU SET A

17 HEARING DATE, YOUR HONOR, FOR THE HEARING ON THE PERMANENT

18 INJUNCTION?

19 THE COURT: WHEN WOULD YOU BE ABLE TO DO THAT?

20 MR. MCINTYRE: LOOKING AT YOUR CALENDAR, ARE YOU

21 AVAILABLE FRIDAY, THE 26TH?

22 THE COURT: NO, THE 26TH IS A CALENDAR DAY. THIS IS

23 GOING TO TAKE SOME TIME, I ASSUME, FOR THIS HEARING.

24 MR. MCINTYRE: WHATEVER THE COURT WOULD LIKE.

25 THE COURT: HOW LONG WOULD THIS HEARING TAKE?

26 MR. MCINTYRE: FOR ME, YOUR HONOR, ALMOST NO TIME,

27 BECAUSE IT'S A PERMANENT INJUNCTION BASED ON THE PRELIMINARY

28 INJUNCTION THE COURT'S ALREADY ISSUED, BASED ON THE TEMPORARY

Page: 12

1 RESTRAINING ORDER THE COURT'S ISSUED. ALL WE ARE LOOKING FOR IS

2 A JUDGMENT, AND THEN A PROVE-UP ON FEES, IF THE COURT FINDS IT'S

3 AN EXCEPTIONAL CASE, WHICH WOULD TAKE ABOUT FIVE MINUTES TO

4 PROVE UP.

5 THE COURT: SIR, HOW LONG DO YOU THINK THIS HEARING WOULD

6 TAKE?

7 MR. SAADAT-NEJAD: I HAVE TO READ THE STUFF THAT THEY ARE

8 GOING TO FILE. IT'S HARD FOR ME TO SAY. MY GUESS WOULD BE 45

9 MINUTES TO AN HOUR.

10 THE COURT: WE HAVE --

11 MR. SAADAT-NEJAD: THEY HAVE ATTEMPTED TO COLLECT FEES

12 TWICE, HERE AND ACROSS THE STREET, ON THE SAME ALLEGATIONS.

13 THEY ARE DOING A DOUBLE WHAMMY.

14 THE COURT: DO WE HAVE A DATE IN NOVEMBER SOMETIME WHERE

15 WE CAN HANDLE ALL THIS? I WANT TO GIVE -- MIGHT BE A LITTLE

16 LONGER THAN AN HOUR. I WANT TO GIVE MR. SAADAT-NEJAD AN

17 OPPORTUNITY TO GET HIS MATERIALS TOGETHER AND GET HIS THINKING

18 TOGETHER. I'M NOT SURE WHAT WE HAVE AVAILABLE.

19 THE CLERK: NOVEMBER 13TH.

20 THE COURT: HOW IS TUESDAY, THE 13TH?

21 MR. MCINTYRE: THAT'S FINE, YOUR HONOR.

22 THE COURT: MR. SAADAT-NEJAD, HOW IS THAT FOR YOU?

23 MR. SAADAT-NEJAD: THAT'S NOVEMBER?

24 THE COURT: YES, TUESDAY, THE 13TH. DOES THAT WORK FOR

25 YOU?

26 MR. SAADAT-NEJAD: YES, SIR, IT WOULD WORK.

27 THE COURT: OKAY. WE CAN DO IT AT NINE O'CLOCK --

28 PROBABLY TEN O'CLOCK IN THE MORNING.

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1 MR. MCINTYRE: THAT WOULD BE FINE, YOUR HONOR. THANK

2 YOU.

3 THE COURT: IS THAT ALL RIGHT?

4 MR. SAADAT-NEJAD: SURE.

5 THE COURT: TUESDAY, THE 13TH, 10 A.M. WE WILL TAKE IT

6 UP THEN.

7 MR. MCINTYRE: THANK YOU, YOUR HONOR.

8 MR. SAADAT-NEJAD: THANK YOU, SIR.

9 THE COURT: THANK YOU VERY MUCH.

10

11 (PROCEEDINGS ADJOURNED.)

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