[GPSCC-chat] 1:30 hearing today, Santa Clara County Superior Court in David (Merritt) v. Goliath (Mozilo et al.)

[Spencer Graves]

Hello, All:


	  We learned last night that the judge represented defendants in this 
case on numerous occasions prior to coming to the bench.  He failed to 
disclose this potential conflict of interest earlier and has repeatedly 
ruled in favor of his former clients, both in apparent violation of law. 
   Today, David will ask him to disqualify himself for cause.  The more 
people we get in the courtroom for this hearing, the greater the 
likelihood that he will comply with this request.



	  A message to this effect (below) has been sent to roughly 100 
representatives of media.  My wife and I will be there around 1 today; I 
will have to leave by 1:35 to make a 2 PM appointment elsewhere.  The 
attachment mentioned there is available at 
"http://www.scscourt.org/online_services/tentatives/sp_tr_dept18/friday.pdf"


	  This is the only case on the calendar for this 1:30 PM session, so it 
should start on time.  (I was 2 minutes late for a hearing a couple of 
months ago in an OSJ case and missed the whole thing.)


	  Hope to see you there.
	  Spencer 	


#################


An important anti-foreclosure proceeding will occur today at 1:30 p.m., 
Santa Clara County Superior Court, Old Courthouse, 161 North First 
Street San Jose, CA 95113.  This procedure is a fairly important hearing 
in a case with possible national repercussions, as it could reverse the 
increasing decriminalization of rich on poor financial fraud.


Defendants Countrywide Financial Corporation, Countrywide Home Loans, 
Inc. (now Bank of America), Angelo Mozilo, David Sarnbol, Michael 
Colyer’s and others (collectively “Defendants”) have petitioned 
California Superior Court for a protective order that excludes all 
citizens including the media from a mandated deposition of Salma and 
David Merritt.  Judge Stoelker has issued a tentative ruling (attached) 
granting defendants protection from public scrutiny.  This ruling 
appears to violate the California constitution requiring public judicial 
procedings, pushing the Merritts into a potentially interminable secret 
star chamber proceeding.  Video recordings of the first days of said 
deposition shows defense attorney Goldberg browbeating and abusing Mrs. 
Merritt with excessive and unprofessional profane language.


Today David will ask Judge Stoelker to disqualify himself for cause, as 
prior to coming to the bench, he represented defendants in this case in 
numerous similar proceedings.  In previous rulings in this case, he has 
consistently decided in favor of his previous clients.


David claims to have compiled evidence of felonious behavior on the part 
of defendants relating to a predatory loan the Merritts received in 
2006. At that time, representatives of Countrywide manipulated events to 
present the Merritts with the choice of forfeiting a $36,000 down 
payment or signing a contract without reading it. They signed.  When 
they read the contract, they learned that a promised 30-year mortgage 
with monthly payments of roughly $2,000 had been replaced by a 
complicated interest-only contract with teaser monthly payments starting 
at $4,500 and a balloon payment 30 years later of $720,000. This 
high-pressure bait-and-switch sales tactic may have been typical of many 
loans. If so, it may help explain the current fragility of international 
financial markets and the massive transfer of wealth from the poor and 
middle class to the ultra wealthy in recent years.


In the present case, Judge Stoelker has ruled repeatedly against the 
Merritts' discovery motions to obtain documents similar to those used 25 
years ago during the Savings and Loan scandal to prove the complicity of 
senior executives.


More information is contained in Judge Stoelker's tentative ruling in 
this case (attached; please disregard the 9 AM time mentioned there: the 
hearing is scheduled for 1:30 PM).


For more information, call Spencer Graves, 408-655-4567, or David 
Merritt, 408-469-5584.


Thanks,
Spencer Graves


-- 
Spencer Graves, PE, PhD
President and Chief Technology Officer
Structure Inspection and Monitoring, Inc.
751 Emerson Ct.
San José, CA 95126
ph:  408-655-4567
web:  www.structuremonitoring.com






-- 
Spencer Graves, PE, PhD
President and Chief Technology Officer
Structure Inspection and Monitoring, Inc.
751 Emerson Ct.
San José, CA 95126
ph:  408-655-4567
web:  www.structuremonitoring.com