OSC CASE # 30-2008-00107531 Appeal Case # G043669
IN THE COURT OF APPEAL
STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
KAREEM SALESSI Plaintiff and Appellant,
vs.
“WACHOVIA MORTGAGE, FSB FKA WORLD SAVINGS BANK, FSB, A FEDERAL SAVINGS BANK”[a Fictional Non-Entity]; Defendants/Respondents.
APPEAL FROM THE SUPERIOR COURT OF ORANGE COUNTY
WILLIAM MONROE, JUDGE CASE NO. 30-2008-00107531
APPELLANT’S RESPONSE TO RESPONDENT’s MOTION TO:
DISMISS APPEAL; STAY APPEAL, OR OTHER ALTERNATIVES…
Kareem Salessi, Plaintiff and Appellant 30262 Crown Valley Pky, B-174 Laguna Niguel, California, 92677 Tel: (949) 783 0165
Kareem Salessi, appellant in the above-captioned appeal, and in its related consolidated appeals G040958 & G041464, pending review before The California Court as Case # S194194 (2011 WL 3560103), moves this Court for an order entering default of Respondents, and/or transfer of this appeal G043669, to the Supreme Court for its concurrent review with S194194.
- 2 -
TO: THE HONORABLE PRESIDING JUSTICE AND ASSOCIATE
JUSTICES OF THE FOURTH DISTRICT COURT OF APPEAL, DIVISION
THREE, AND TO RESPONDENTS:
Respondents Wachovia et al., an international organized crime network,
have relentlessly appeared under numerous fraudulent disguises from the
inception of their purported non-judicial foreclosure action on 12/31/2007, with
the recording of a fraudulent “Notice of Default and Election to Sell”, under
the disguise of World Savings Bank, then changing that disguise numerous
times by appearance under several unregistered, and fictional, entity names
beginning with the word Wachovia…., while disguising at all times that the
crime network had in fact been engaged in international drug trafficking and
money laundering, worth around $100 billion annually, at least since 2003,
while responsible for the death of over 40,000 people in Mexico alone in drug
and drug-money wars1.
Multiple criminal prosecutions of what became known as “Wachovia
Drug Cartel” were initiated since 2006, in U.S. East-Coast regions, but which
were subsequently converted to no-contest confessions, as to having
laundered half a trillion dollars of drug money in just a few years, and the
subsequent payments of a couple of hundred million dollars of monetary
penalties to the prosecuting agencies. The drug dollars were allowed to
circulate in the American economy, a fraction of which money was spent to
purchase World Savings Bank, and its purported assets and loans in 2007,
1 As documented by Wachovia whistle-blower, detective Martin Woods in his news videos and countless, up to date, news releases formerly cataloged by appellant in his Requests for Judicial Notice, incorporated herein with this reference, as if fully set forth here.
- 3 -
during Wachovia’s criminal prosecution, and at the height of Wachovia’s drug
running and drug money-laundering operations. 2 The below referenced
recording of appellant’s Chapter-11 proceedings on 7/15/11 was the
uncontested testimony, according to appellant’s own findings through
Freedom Of Information Act (FOIA) requests to the U.S. Treasury
Department, the result of which were requested to be taken judicially notice of
in this court and in the underlying consolidated cases.
As can be heard in the recording, Appellant’s 7/15/11 drug charges
against Wachovia, World Savings, and Wells Fargo, were uncontested by
attorney Fredrick Hickman, who is also the attorney of record in this case.
The charges were thus accepted and became proof of fact, pursuant to inter
alia, California Evidence Codes 620, and Federal Rules of Evidence 902.
That referenced 7/15/11 hearing is still pending an order of the BK-court.
Appellant’s key issues in the 7/15/11 BK-hearing was that according to the
recent, but belated, landmark rulings of the 9th Circuit Courts, such as: In re
Veal, 450 B.R. 897, 11 Cal. Daily Op. Serv. 7989, 2011 Daily Journal D.A.R.
9592; and In re Deamicis 3, even assuming arguendo, and against the facts
of this case, (by falsely assuming) that World Saving’s original documents
had not been forged at inception, then none of the parties which initiated a
fraudulent foreclosure here were a real party in interest, and thus, none of
them had any type of standing to commit the crimes which they did under the
pretext of a non-judicial foreclosure. Therefore, Salessi requested the
Bankruptcy court to review its previous hasty ruling/s against Salessi and to
refer the lawyers who have appeared in all the related cases, to the United
2 Please click on kareemsalessi.wordpress.com/litigation-discovery-documents/ then click on: 7-15-11 Uncontested EDERAL COURT Testimony Against Wachovia Drug CarteL & Wells Fargo 3 Same page at: 7-26-11 In re Deamicis Cites In re Veal & Defeats Bogus Claimants like Wachovia Drug Cartel
- 4 -
States Attorney, for potential criminal prosecutions. Salessi believes that the
current motion has been filed in bad faith, which is of course the usual course
of conduct of the Cartel’s lawyers, as well as to preempt such a potential
prosecution and or other sanctions against the lawyers, and/or against the
Cartel/s. Wherefore, Salessi believes the motion should be denied and
default entered against them.
Wachovia Mortgage, FSB charter was null and void at inception:
Pursuant to California Rules of Court, set forth in his underlying
Opening Brief (OB) Salessi, adopts the facts of that brief and the entirety of
his Petition For Review S194194 into this opposition, and in particular refers
to the (Exhibit-A) of the above, also (Exhibit-A) here, documenting that
appearances under fictional names as in here are illegal. (Exhibit-B),
attached herein, which is missing in S194194 , was an integrated part of
Salessi’s FOIA # 09-161 response (also appearing at Clerks Transcript 2949).
(Exhibit-B) purports to be the CHARTER OF WACHOVIA MORTGAGE, FSB.
Section 4. Purpose and Powers, outlines the functional legal framework
of Wachovia Mortgage, FSB. Its signature, and effective date, shows
12/31/07, at the time Wachovia, under all its pretexts was at the height of its
drug running and drug money laundering operations. Assuming arguendo,
that these criminal drug operations had been concealed from Office Of Thrift
Supervision (OTS) which issued Wachovia’s subject charter # 7971, then this
charter had been obtained by criminal fraud at inception and was void ab
initio, and as such Wachovia Mortgage, FSB, never obtained a legal status to
begin work. Therefore, any purported loan transfers from World Savings, to
Wachovia Mortgage, FSB, or any purported servicing rights of the later, on
behalf of the former, became unauthorized acts, solely on the basis of
Wachovia’s drug money laundering enterprise. The third page of the
- 5 -
certificate caries Wachovia Mortgage, FSB’s seal, and is dated 3/16/2009, at
the height of Wachovia’s drug money laundering investigations, thus
presuming that Wachovia drug lords (ie: management) continued to conceal
the true criminal nature of their activities, and the criminal motive in obtaining
the said Charter. Exactly one year later, on 3/16/10, the same Wachovia
drug-lord/s who had signed the charter earlier signed a nolo-contendere
admitting to have laundered $1/2 trillion of drug money. Therefore, it must be
presumed that all of “Wachovia Mortgage, FSB” activities were illegal, and
criminal, ab initio, and in contravention of charter #7971, which it had
managed to obtain from the OTS, and which restricted its activities to lawful
banking activities, not importing drugs, or drug money into the United States.
Other reasons this court should enter default of respondents:
The arguments of respondents raised in their current motion has
already been dealt with in Salessi’s Opening Brief (OB), which argument is
incorporated herein with this reference, as if fully set forth. As to any
objections to the way Salessi’s “Notice of Apeal” had been styled, they have
waived any chances to bring such objections now. Further, although
Wachovia pretended its related motion was to expunge only the lis pendens,
however, they committed the fraud of expunging not only the lis pendens, but
also two recorded documents of title, called “NOTICE OF INTENT TO
PRESERVE INTEREST”, the removal of each amounting to one charge of
criminal grand-theft, Penal Code 484, in addition to multiple predicate acts of
RICO, 18 USCA 1961-1969. Worse yet, they expunged all of these
documents, in total secrecy, and without any notice to Salessi, either directly,
or through the corrupted offices of the Orange County Recorder, in spite of
the fact that all of these documents had become property of Salessi’s
Bankruptcy Estate as of 4/28/09, in his pending Chapter-11 proceedings, and
- 6 -
despite defendant Fidelity’s own published declarations that a lis pendens
must not be physically expunged until the time for appeal has elapsed and
judgment has become judicially final (Exhibit-C).
Additional grounds why Respondents’ motion should be denied:
Appellant Salessi requested that in S194194 the Supreme Court
transfer this case and decide it concurrently. This was based upon the
apparent general bias of this honorable Court, as documented in S194194, as
against all writ filings, and as against self-represented parties. The Supreme
Court’s authority in having this case transferred is based on: [Cal. Const. Art.
VI, § 12(a); CRC 8.552; see Brosnahan v. Brown (1982) 32 C3d 236, 241,
186 CR 30, 32; Nguyen v. Super.Ct. (Nguyen) (2007) 150 CA4th 1006, 1013,
58 CR3d 802, 806], as borrowed from the 2009 edition of: “California Practice
Guide: Civil Appeals and Writs; Jon B. Eisenberg, Ellis J. Horvitz and Justice
Howard B. Wiener (Ret.); [13:24] to [13:33]”, and incorporated herein with this
reference, as if fully set forth.
Salessi believes it is justified for this honorable court to initiate such a
transfer. This pending transfer also justifies denial of the pending motion.
POTENTIAL GENERAL CONFLICTS OF INTEREST:
In the days preceding the filing of this opposition, and in search of
reasons for California Department of Justice, and California Courts’ evasion
of prosecution of high-crimes in the banking, or lending, industries, against
their ongoing plunder of millions of houses in California by bankrupt entities,
Appellant Salessi realized that the “California Public Employees’ Retirement
System” (CALPERS), which is a “Component Unit of the State of California”,
and the largest pension fund in this country, has syphoned billions of dollars
of public California employees’ earnings into counterfeit mortgage
instruments, deceptively named “ASSET-BACKED SECURITIES”, or
- 7 -
“MORTGAGED-BACKED SECURITIES”.
CALPERS latest annual report is accessible by clicking on:
kareemsalessi.wordpress.com/foreclosure-crimes/ and then on:
CALIFORNIA HOLOCAUST’s Concealed Facts: CALPER’s Ownership
of thousands of Mortgage Counterfeits Push Bulk Plunder of Houses
Once the pdf image of the 2010 report opens, by searching for the word
“BACKED”, the court can see that around 30 full pages of this report are filled
with nearly 2000 names of such counterfeit mortgage instrument entities,
reflecting well over $100 billion of counterfeit assets. Salessi has proven over,
and over, that these instruments are worthless, as they are based on
counterfeit and non-existing underlying assets. However, CALPERS, by
keeping quiet about the ownership of such counterfeits; and the state
authorities, and public employees, having vested monetary interests in
maximizing values of CALPERS’ components, Salessi, found this as the best
explanation for California DOJ, and its Courts in their silent, and swift
approval of the bulk plunder of California real estate. If this analysis of Salessi
is correct, then it could effectively evaporate jurisdiction of California State
Courts in hearing any mortgage related cases. Appellant respectfully
requests that this issue be either decisively responded, or in the alternative,
also referred to the Supreme Court to be decide in conjunction with S194194.
Respectfully submitted.
DATE: August 22, 2011 Kareem Salessi
Plaintiff/Appellant
- 8 -
PROOF OF SERVICE BY MAIL RE: OSC CASE # 30-2008-00107531
Appellate Case # G043669 I, declare: I am NOT a party to this action. My business address is: On 5,16, 2011, I deposited in the United States mail at SANTA ANA, California a copy (or original as the Code requires) of the following document(s): APPELLANT’S APPLICATION TO REINSTATE APPEAL & FILE OPENING BRIEF ADDRESSED TO:
Mr. Mark FLewelling, esq. AFRCT 199 S. LOS ROBLES AVE. SUITE 600, PASADENA, CA. 91101 Tel: 626- 535 1900; Fax: 626- 5777764 Councel for World Savings/Wachovia
Mr. BRIAN P. STEWART, esq. 428 OLD NEWPORT BLVD. NEWPORT BEACH, CA. 92663 TEL:949-515 0807; FAX:949- 574 0848; Fidelity National Agency Sales & Posting
Office of California Attorney General 300 S Spring St Ste 1720 Los Angeles, CA 90013;
Office of the Orange County District Attorney; 401 Civic Center Drive West, Santa Ana, Ca. 92701
CALIFORNIA SUPREME COURT 300 SOUTH SPRING St. 2nd FLOOR, LOS ANGELES, CA. 90013
U.S. TRUSTEE 411 W. Fourth St Suite 9041 Santa Ana, CA 92701; Case # 8:09-bk-13791-ES
Central Justice Center 700 Civic Center Drive, West Santa Ana, Ca. 92701
Supreme Court of California 350 McAllister Stree San Francisco, Ca. 92102; S194194
I declare under penalty of perjury that the foregoing is true and correct. Executed on 8/23/ 2011, in Orange County, California.
_____________________________
- 9 -
SERVICE LIST
Mr. Marc Flewelling, esq. AFRCT 199 S. LOS ROBLES AVE. SUITE 600, PASADENA, CA. 91101 Counsel for: WACHOVIA & AFRCT
Mr. BRIAN P. STEWART, esq. 428 OLD NEWPORT BLVD. NEWPORT BEACH, CA. 92663; Attorney-4 Fidelity National Agency Sales &Posting
Office of California Attorney General 300 S Spring St Ste 1720 Los Angeles, CA 90013; G040958
Office of the O. C. District Attorney 401 Civic Center Drive West, Santa Ana, Ca. 92701; G040958
Attorney General’s Office California Department of Justice Attn: Public Inquiry Unit 231095 P.O. Box 944255 Sacramento, CA 94244-2550
USDOJ, D.C. Deputy Attorney General Mark R. Philip Operation Malicious Mortgage 950 Pennsylvania Ave. N.W. Washington, D.C. 20053-0001
U.S. TRUSTEE 411 W. Fourth St Suite 9041
Santa Ana, CA 92701
8:09-bk-13791-ES
Mr. Mark FLewelling, esq. AFRCT 199 S. LOS ROBLES AVE. SUITE 600, PASADENA, CA. 91101 Tel: 626- 535 1900; Fax: 626- 5777764 Councel for World Savings/Wachovia
Mr. BRIAN P. STEWART, esq. 428 OLD NEWPORT BLVD. NEWPORT BEACH, CA. 92663 TEL:949-515 0807; FAX:949- 574 0848; Fidelity National Agency Sales & Posting
Office of California Attorney General 300 S Spring St Ste 1720 Los Angeles, CA 90013;
Office of the Orange County District Attorney; 401 Civic Center Drive West, Santa Ana, Ca. 92701
CALIFORNIA SUPREME COURT 300 SOUTH SPRING St. 2nd FLOOR, LOS ANGELES, CA. 90013
U.S. TRUSTEE 411 W. Fourth St Suite 9041 Santa Ana, CA 92701; Case # 8:09-bk-13791-ES
Central Justice Center 700 Civic Center Drive, West Santa Ana, Ca. 92701