DAVID PASTERNAK ESQ. SOLD MY PROPERTY ON 12/07/2011, WORTH $300K+ FOR $60K,TO PAY HIMSELF FRAUDULENT LEGAL FEES OF $103,570.98 CLAIMED FOR ADMINISTERING A RECEIVERSHIP TO COLLECT $30K! HIS FEES ARE STILL NOT APPROVED BY THE COURT!
Even if the court awards him zero fees, he has liquidated my property and I have been ripped off!
David J. Pasternak, Esq. ripped me off. He sold on December 7, 2011 (LA county recorder #20111649193), two of my properties for a total of $60,000 ($30,000 each), which were bought by my Individual Retirement Account (IRA) for $160,000 and listed for $189,000 each.
In my case, he was supposed to raise less than $30,000 to satisfy the December 2, 2008, temporary Court order issued by Judge Amy Pellman, who appointed him. He did not fulfill his appointment to raise the less than $30,000. He could have obtained a hard money loan for the $30,000 secured by the properties I own to satisfy the court order and finish the receivership expeditiously and with minimum fees. [continued below]....
Instead, he fraudulently proposed to the court in June 2009 to list for sale 7 properties until one was sold, he knew from his billed review of title reports, that these properties could not be sold because either I didnt own the property, had only partial ownership, or the property was owned by my retirement account.
He knowingly created unnecessary billing at $495 an hour TO LIST UNSELLABLE PROPERTIES WITH A BROKER AND GENERATE ADDITIONAL COURT APPEARANCES.
IN DECEMBER 2009 Pasternak MOVED THE COURT TO REMOVE 5 OF THE INITIAL 7 PROPERTIES because they could not be sold AND GIVE HIM 5 ADDITIONAL ONES, notwithstanding that the court concurrently confirmed the sale/liquidation of the 2 IRA properties for $60,000.
By the end of December 2009 Pasternak had increased his billing to $36,802.16 and accomplished nothing towards collecting the almost $30,000 the court had initially ordered.
In March of 2010 the divorce case was settled without a penny from Pasternaks receivership. Pasternak appeared in court requesting 24 additional properties be put under his control which he proceeded to list, in March. This was clearly not needed because if he sold the 2 IRA properties for $60,000, as authorized by the court, his claimed receiver fees through March 2010 which were $50,629.02 would be satisfied.
Pasternak only purpose after the divorce settlement in MARCH 2010 was to collect money for the benefit of his past, present and future receivership fees. A clear conflict of interest that was condoned until Judge Pellmans jurisdiction of my case ended.
From October to December 2010 Pasternak appeared in court multiple times at $495/hr regarding a new order by Judge Pellmans court allowing Pasternak to auction the 24 properties listed in March 2010 with no minimum bid. No such auction was ever consummated. Pasternak blamed the auctioneer but his fees through December 2010 climbed to $65,636.78
In October 2011 The new judge in our case told Pasternak he had to end his receivership by December 31, 2011 and that the hearing for his fees would be February 22, 2012.
But, since the divorce settlement in March 2010, Pasternaks claimed fees through November 30, 2011, have now escalated to $103,570.98!
December 7, 2011, Pasternak consummates the sale of the IRA properties at a loss to me of $100,000 and has taken the net proceeds of $50,192.11 from his trust account before the court has approved his fees.
Even if the court awards him zero fees on February 22, 2012 and he returns the $50,192.11 to me, I have lost enormously because I paid $160,000 for the property that is worth $300k+.
There should be no fees or compensation because the Receiver David J. Pasternak did not faithfully perform his duties. He did not collect one cent towards the divorce case. He systematically misled the Court and abused his power as a court officer to racketeer in pretense of a receivership.
He has done what he has done to me in the following three other cases: Samaan v Zernik (SC087400) and Galdjie v Darwish (SC052737) and Karimi v Mithawaila (BD518 503).
With regards to the Zernik case there was a complaint filed with the U.S. Attorneys Office, Central district of California (Los Angeles) for Public Corruption and Civil Rights Abuses (Andre Birotte Jr. U.S. Attorney, 221 N. Figueroa St., Los Angeles, CA 90012. With regards to this case there was also an FBI investigation that concluded that there was real estate fraud by David J. Pasternak against Dr. Zernik. (August 2008 FBI Special Agent Connoly and FBI veteran, James Wedick). In this case, Mr. Zernik claims Receiver Pasternak collected $1.8 million from the sale of his home and kept the proceeds in disregard of the law. David J. Pasternak was current officer of the Chancery Club, President of Bet Tzedek, former member of the California Judicial Council and was former President of the Los Angeles County Bar Association. A real disgrace to all these organizations. Google Zernik and Pasternak. Think twice before hiring Pasternak or his firm or you too might be a victim of creative billing and lawyering.
For additional information call me ANDRE DELOJE at three one zero four five nine seven six five eight. Call me, Andre Deloje 310-459-7658.
Santa Monica, California