March 19, 2017 at 8.23 AM

From: Sandra <sandra123@gmail.com>
Date: Sun, Mar 19, 2017 at 8:23 AM
Subject: Know your audience (in this case a litttle different from the court of public opinion you appeal to on your blog)
To: kelley.lynch.2016@gmail.com

CCP 1008 regulates a second application (which is synonymous with “motion” – CCP 1003) “for the same order”.

Your 2013 motion to vacate the 2006 default judgment sought an order setting aside Cohen’s default judgment due to alleged lack of proper service and an order dismissing the action.

Your 2015 motion – although styled as a “motion to terminate” – also sought orders setting aside Cohen’s default judgment and dismissing the action.

Cohen’s 2015 opposition to your 2015 motion cited case authority (which your trial court and appellate briefs ignore) that the label on a motion is not determinative; it is the orders that are requested in the motion that control whether CCP 1008 applies. And as noted, CCP 1008 expressly refers to a successive application for the same order. The fact that you slapped a different label on your 2015 motion or grounded your request for the same two orders in “intrinsic” instead of “extrinsic” fraud is irrelevant to the application of CCP 1008.

Thus, to the extent that your 2015 motion requests that the 2006 default J be vacated and the action dismissed, it is goverend by CCP 1008.

Second, assuming you overcome the procedural bar presented by CCP 1008, Judge Hess found as a factual matter that substituted service was properly effected at your residence in August of 2005. Under the applicable standard of review, which is an abuse of discretion standard, all factual findings by Judge Hess must be upheld if supported by some evidence in the record (in this case the proof of service) and his exercise of discretion to deny your motion based in part on the lack of due diligence in filing it must be upheld unless clearly wrong.

 No way will Division 7 – which is one of the smartest panels in the second Appellate District, reverse.

Division Seven

Presiding Justice Dennis M. Perluss (Harvard Law Review)

Justice Perluss has served as Presiding Justice of the Court of Appeal, Second Appellate District, Division Seven, since January 2003. He was appointed an Associate Justice of the Court of Appeal (also in Division Seven of the Second Appellate District) in October 2001 after serving for two years as a Judge of the Los Angeles Superior Court, sitting in juvenile (dependency), misdemeanor and felony trial courts.

While a member of the trial and appellate courts, Justice Perluss has chaired the Judicial Council's Civil and Small Claims Advisory Committee, served as co-chair of the Tribal Court-State Court Forum and participated on several Supreme Court Advisory Task Forces charged with developing new rules of professional conduct for attorneys. Justice Perluss has lectured to, and written for, other appellate and trial judges, practicing attorneys and law students on a wide range of legal topics. He has been a member of the American Law Institute since 1995.

Prior to his appointment to the bench, Justice Perluss actively practiced trial and appellate law for more than 24 years. He was a partner in the Los Angeles office of Morrison & Foerster, an international law firm, and Hufstedler & Kaus, a boutique litigation firm, emphasizing securities and other complex financial matters, as well as issues of constitutional law. He served as a Visiting Professor (Business Associations) at the UCLA School of Law and a Lecturer in Law (Law and the Family) at the USC Law Center. Prior to entering private practice, Justice Perluss was a law clerk to United States Supreme Court Justice Potter Stewart and to Judge Shirley M. Hufstedler of the United States Court of Appeals for the Ninth Circuit.

Active in professional and community affairs throughout his legal career, Justice Perluss was Deputy General Counsel of the Independent ("Christopher") Commission on the Los Angeles Police Department, President of the Barristers (Young Lawyers) of the Los Angeles County Bar Association and a member of the Board of Directors of the Association of Business Trial Lawyers, Public Counsel and the Los Angeles County Bar Foundation.

A native Californian, born in Sacramento on May 12, 1948, Justice Perluss graduated "with great distinction" from Stanford University in 1970, where he was a member of Phi Beta Kappa. He received his law degree magna cum laude in 1973 from Harvard Law School where he was Articles Editor for the Harvard Law Review.

Associate Justice Laurie D. Zelon (Harvard)

JUSTICE Zelon has served as an associate justice of the California Court of Appeal since 2003.

She was born in Durham, North Carolina. She received her B.A. degree in 1974 from Cornell University and her J.D. degree in 1977 from Harvard Law School. During the twenty-three years that preceded her appointment to the Los Angeles Superior Court in 2000, Justice Zelon had an active litigation practice, involving scientific and technical issues, fiduciary obligations, and other complex commercial disputes.

Justice Zelon is a past President of the Los Angeles County Bar Association. She is a past member of its Board of Trustees, and past Chair of its Federal Courts Committee, its Judiciary Committee, its Access to Justice Committee, and its subsection on Real Estate Litigation. She has been active since her admission to practice in the American Bar Association and has served as Chair of the Standing Committee on Lawyers' Public Service Responsibility, as a member of the Consortium on Law and the Public, and as Chair of its national Law Firm Pro Bono Project. From 1994 to 1997, she was Chair of the Standing Committee on Legal Aid and Indigent Defendants.

In California, Justice Zelon has been a long-time member and served as Chair of the California Commission on Access to Justice. She is an active member of several statewide judicial committees addressing administration of justice issues. She has written articles and spoken at educational programs for judges and lawyers concerning pro bono, public service, legal ethics and legal education.

She was the 1993 Recipient of the William Reece Smith, Jr. Special Services to Pro Bono Award, the 1999 Recipient of the Charles Dorsey Award from the National Legal Aid & Defenders Association, and the 2000 recipient of the Loren Miller Legal Services Award from the State Bar of California. She was the first recipient, in February 2000, of the Laurie D. Zelon Pro Bono Award, given by the Pro Bono Institute of Washington, D.C.

Associate Justice John L. Segal (Clerked for 11th Circuit CA, founded appellate law dept. for a major LA law firm)

Justice Segal has served as an Associate Justice of the California Court of Appeal since 2015.

In 2000 Justice Segal was appointed to the Los Angeles County Superior Court, where he served as a trial judge until 2015 and presided over civil and criminal cases. His assignments on the Superior Court included 12 years in unlimited civil individual calendar courts in the Stanley Mosk, Santa Monica, and West Los Angeles courthouses. He also served as a justice pro tem in the Court of Appeal from January 2010 to June 2010, August 2012 to March 2013, and May 2013 to December 2014.

In May 2015 Justice Segal was nominated to the Court of Appeal, Second Appellate District, Division Seven. The Commission on Judicial Appointments confirmed his nomination in July 2015.

Justice Segal is actively involved in state and local bar associations. He has served on the Executive Committee of the Section of Litigation of the Los Angeles County Bar Association, the Board of Governors of the Beverly Hills Bar Association, the Board of Governors of the Los Angeles Chapter of the Association of Business Trial Lawyers, and as an advisor to the Executive Committee of the Litigation Section of the State Bar of California. He is participates in the Los Angeles County Bar Association Litigation Trial Practice Inn of Court and the Beverly Hills Bar Association Southern California Business Litigation Inn of Court.

Justice Segal was born and raised in Los Angeles. He received his Bachelor of Arts degree in Mathematics and Philosophy from Williams College in 1982, and his law degree from the University of Southern California School of Law in 1987. After law school he served as a law clerk for Judge Robert S. Vance of the United States Court of Appeals for the Eleventh Circuit from 1987 to 1988. He was an associate from 1988 to 1995, and then a partner from 1995 to 2000, with the law firm of Mitchell, Silberberg and Knupp, where he helped run the Appellate Practice Group.

Justice Segal is married to Chief United States Magistrate Judge Suzanne H. Segal of the United States District Court for the Central District of California. They have two adult children. Justice Segal teaches Remedies at the University of Southern California School of Law, sings tenor in a congregational choir, and plays third base for his softball team.

Commentary:  sandra123 evidently researched the appellate panel who heard Lynch's fraud upon the court motion, mischaracterized it as a motion to reconsider, and condoned the use of fraud and perjury on the part of Cohen and his representatives.  Lynch decided not to appeal that decision and believes it speaks for itself.  Lynch is in possession of many other emails from this account harassing her over the appeals, fraud DV order, form DV-600, and related matters.