Page FOR · Kelley Lynch c/o Paulette Brandt; 1754 N. Van Ness Avenue, Hollywood, CA go02g c. f71 (Complete if seruice was by fax or electronic seruice")

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MATERIAL OBJECTED TO GROUNDS FOROBJECTION

RULING

ExhibitB; Page55; lines1-28

Begins: "Transaction. Thedoctrine of substance ...."

Continues to: "...Lynch askedfor and received an lndemnityAgreement that was"

Relevance.None of the objected tomaterial has a connectionto subject of currentmotion.Hearsay.No Foundation.Authenticity.Content attributes itself toor appears to paraphrasevarious documents andmemorandum that are notclearly identified as tosource.

Grant _Deny

ExhibitB; Page56;linel -page 57;line 28

Begins: "executed on January8,2001."

Continues to: "...To holdotherwise would be to exaltartifice above reality and todeprive the statutory provisionin questions of all seriouspurpose."

Relevance.No Foundation.lmproper Opinion.Opinions stated with noproper foundation indeclaration.

Grant _Deny


"ln 2005, Boies Schiller, whoreviewed three boxes of,advised Lynch to sue [plaintiff]for conversion, fraud, andintentional torts. Boris Schilleralso believed Cohen and Koryattempted to engage her incriminal conduct. ln 2011 , afterspeaking with Lynch, StevenMachat advised her to sue[Plaintiff] for theft. "

Hearsay,I ntenti o nal defa matorystatements attri buted toothers made forimproper purpose withno connection tocurrent matter beforethe Court.

Grant _Deny

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RULING

ExhibitB; Page58;linesl5-18

Begins: "Westin, on behalf of[Plaintiff], negligently andfraudulently...."

Continues to "...and thelnternal Revenue Service."

Belevance.lmproper Opinion.Opinions stated with noproper foundation indeclaration.lntentional defamatorystatements made forimproper purpose withno connection tocurrent matter beforethe Court.

Grant _Deny


"Robert Kory advised DiMascio& Berardo that Blue Mist is anissue and the Assignmentsshould not be respected. Headvised DiMascio & Berardothat the assignments were partof a bigger scheme and thatthere was never an intentionfor Blue Mist to own theassets."

Hearsay.I ntentional defamatorystatements made forimproper purpose withno connection tocurrent matter beforethe Court.

Grant _Deny

ExhibitB; Page59;Lines16-17

"ln a meeting with DiMascio &Berardo, Kory referenced thefact that this was a communityproperty state and Lynch maybe entitled to palimony (SO% ot[Plai ntiff 's] assets. "

Hearsay. Grant _Deny


"Kory also confirmed thatLynch was entitled to her 15%commission and owns 15o/" otthe intellectual property. Headvised Lynch personally thatshe has a cause of actionagainst every one of [plaintiff,s]representatives/advisors andassured her that he and[Plaintiff] would assist her withthose matters.

Hearsay. Grant _Deny

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RULING

ExhibitB; Page60, lines1-5

Begins: "ln January 2005,DiMascio & Berardo setforth ...."

Continues to: "...tax fraud andwrongdoing."

Hearsay.lmproper Opinion.No Foundation.Opinions stated with noproper foundation indeclaration.lntentional defamatorystatements made forimproper purpose withno connection tocurrent matter beforethe Court.

Grant _Deny

ExhibitB; Page60; line6-page61; line7

Begins: "Criminal Liability:"

Continues to: "...totaling$10,410,000.'

Hearsay.Authenticity.Purports to quote orparaphrase a documentwith no showing as tosource.I ntentional defamatorystatements made forimproper purpose withna connection tocurrent matter beforethe Court.

Grant _Deny


Begins: "Lynch was advisedthat similar taxes, penalties ...

Continues to: "...Pursuant toLynch's lawyers, similarpenalties and interest existedwith respect to at least twoother IPlaintiff] entities."

Hearsay.The entire paragraphcites advice fromunidentified sources.

Grant _Deny


Begins: "On February 1,2005,DiMascio & Berardo wroteLynch ..."

Continues to: "...DiMascio &Berardo discussed the fact thatthree sets of federal tax returnsexisted with respect to"

Hearsay.The entire paragraphcites alleged statementsform others.

Grant _Deny

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IPROPOSEDIORD

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RULING


Begins: "Neither Kory norDiMascio & Berardo feltcomfortable ...."

Continues to: "...Thx fraud tothe lRS."

Hearsay.Speculation.The entire paragraphcites alleged statements,letters or motivations ofothers.

Grant _Deny

ExhibitB; Page16; lines16-page65; line17

Begins: "ln his 2008 book,Gods, Gangers & Honor,Steven Machat...."

Continues to: "...has casthimself into a hell of his ownmaking."

Relevance.None of the objected tomaterial has a connectionto subject of currentmotion.Hearsay.Content attributes itself toa gossip book.

Grant _Deny


Begins: "[Plaintiff] does indeedenter into agreements andthen ...."Continues to: "...with andpossibly Phil Spector andrecord producer Bob Johnson.,,

lmproper opiniontestimony;Conclusions anda I legations rather thanfactual statements.I ntenti onal defam atorystatements made forimproper purpose withno connection tocurrent matter beforethe Court.

Grant _Deny

ExhibitB; Page66; line16

"has to do with his tax fraud,, lmproper opiniontestimony;Conclusion andallegation rather thanfactual statement.I nte nt i o n a I d efa m ato rystatement made forimproper purpose withna connection tocurrent matter beforethe Court.

lGrant

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RULING


"Mike Taitelman, who brieflyrepresented Lynch in the springof 2005, spoke to Robert Koryand advised Lynch that if sheagreed to assist [Plaintiff], theywould say she was used as apawn; otherwise, they wouldaccuse her of orchestrating thissituation."

Hearsay.Declaration cites allegedstatements made byothers.

Grant _Deny


Begins: "Prosecutor Sandra JoStreeter:..."

Continues to: "That's correct,sir. RT 288."

Hearsay,No Foundation.Authenticity.Declarant is quoting andparaph rasi ng differentsources from an apparentcourt record, withoutproper request for judicialnotice or attachingcertified transcript.

Grant _Deny


"[Plaintiff's ] fraudulent refundwas obtained on"

lmproper opiniontestimony;Conclusions andal legations rather thanfactual statements.I nte nt i o n a I defa m ato rystatements made forimproper purpose withno connection tocurrent mafrer beforethe Court.

Grant _Deny


"Following that meeting Lynchreceived an email from AgentSopko advising her to reportthe allegations of IPlaintiff'sJcriminal tax fraud to AgentTejeda/lRS and to provide himwith evidence."

Hearsay.lntentional defamatorystatements made forimproper purpose withno connection tocurrent matter beforethe Court.

Grant _Deny

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RULING


Begins: "Lynch has providedthe lRS, FBl, DOJ and FTBwith ample evidence ...."

Continues to: "...lRS binder inApril2A12;'

lmproper opiniontestimony;

Grant _Deny


Begins: "lt is now abundanilyclear that thesetransactions ...."

Continues to: "...income tocapital gains tax treatment onthe sale of stock."

Relevance.Foundation.Opinions stated with noproper foundation indeclaration.

Grant _Deny


Begins: "Disregarding acorporate entity is knownas ...."

Continues to: "..,siphonedcorporate funds."

Relevance.Foundation.Opinions stated with noproper foundation indeclaration.

Grant _Deny

ExhibitB; Page69;line15-Page 70;line 4.

Begins: "[Plaintiff] clearly viewshimself as the dominant ...."

Continues to: "...egregiousinjury and unjust loss."

lmproper opiniontestimony;Conclusions andal legations rather thanfactual statements.I ntentiona I defa mato rystatements made forimproper purpose withno cannection tocurrent matter beforethe Court.

Grant _Deny

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MATERIAL OBJECTED TO GROUNDS FOROBJECflON

RULING

ExhibitB; Page70; line14-21

Begins: "[Plaintiff] disregardedthe separate ...."

Continues to: "...regardless ofthe image he presents to thepublic."

lmproper opiniontestimony;Conclusions andallegations rather thanfactual statements.I ntentional defamatorystatements made forimproper purpose withno connection tocurrent matter beforethe Coufi.

Grant _Deny

ExhibitB; Page70; Iines22-28

Begins : "[Plaintiff 's] vindictive,fraudulent, and retaliatory ....,,

Continues to : "...committedcriminal tax fraud."

lmproper opiniontestimony;Conclusions andal legations rather thanfactual statements.lntentional defamatorystatements made forimproper purpose withno connection tocurrent matter beforethe Court.

Grant _Deny

ExhibitB; Page71; line2-13

Begins "Good afternoon Ms.Lynch ...."

Continues to: "...Speciallnquiries & lntelligenceDivision."

Authenticity.Purports to quote orparaphrase a documentwith no showing as tosource.

Grant _Deny

IT IS SO ORDERED AS INDICATED ABOVE THE PLAINTIFFS' OBJECTIONS ASUSTAINED. THE TESTIMONY CONTAINED IN THOSE PORTIONS TO WHICH OBJECTIO

ARE SUSTAINED IS STRICKEN.

DAIED:

ByruDGE OF TH

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POS-040ATTORNEY OR pARTy WTHOUT ATTORNEY (/Vane, State Bar number, and address):Jeffrey Korn, SBN 150978714W. Olympic Btvd., Suite 450Los Angeles, CA 90015

TELE'H.NE No (310) 430-5681 FMN, (optionat):E-MAIL ADDRESS (Optionat):

Arl'RNEy FoR rtuame)rplaintiffs Leonard cohen ; Leonard cohen lnvestments

FOR COURT USE ONLY

supERtoR couRT oF cALtFoRNtA, couNTy oF Los AngelesSTREETADDRESS, 111 N. H|II StreetMAILING ADDRESS:

clrY AND zrP coDE: l_gg Angeles, CA g00 i 2BMNCH NME, Central - Stanley Mosk

PLAINTIFF/PETITIoNER: LEoNARD NoRMAN CoHEN; et aI.DEFENDANT/RESPONDENT: KELLEY LYNCH

Check method of service (only one):l--_l ey Personar service f_-l ay mait l-__l ey overnight Derivery

CASE NUMBER:

8C338s22

JUDGE: Hon. RObert L. HeSSOEPT.: )d

(Do not use this proof of seruice to show seruice of a summons and complaint.)1. At the time of service I was over 1g years of age and not a party to this action.2. My residence or business address is:

714W. Olympic Blvd., Suite 450, LosAngeles, CAgO0153' Tl The fax number or electronic service address from which I served the documen ls is (comptete if seruice was by fax orelectronic seruice):4. 91!lty),1!1912014 tservedthefoilowingdocuments (specify):

PLAINTIFFS'OBJECTION TO PRESENTATIbN OT IVr trSrIrr,roNYAND NoTICE oFLODGING PROPOSED ORDER ON OBJECTIONS

t] The documents are listed in the Aftachment to Proof of Service-Civit (Documents Served)(form pOS-O40(D)).5' I served the documents on the person or persons below, as follows;

a. Name of person served: KELLEY LYNCHb' l-l (Comptete if seruice was by perconal seruice, mail, ovemight detivery, or messenger service.)

Business or residential address where person was served:Kelley Lynch c/o Paulette Brandt; 1754 N. Van Ness Avenue, Hollywood, CA go02g

c. f71 (Complete if seruice was by fax or electronic seruice")(1) rax number or erectronic service address where person was served.

kelley. lynch.20 10 @ g mail. com(2) Time of service: 8:00 A.M.

[-l rrre names, addresses, and other applicable informatlon about persons served is on the Aftachment to proof ofSeruice-Civil (Persons Served) (form pOS_040(p)).

6. The documents were served by the following means (specify):a' l-_l By personal s9ryice. I personally delivered the documents to the persons at the addresses listed in item 5. (1) For aparty represented by an attorney, delivery was made to the attorney or at the attorney's office by teaving the documents,in an envelope

-o-r package clearly labeled_ to identify the aftorney being served, with a receptionist or an individual incharge of the office, between the hours of nine in the morning ano Rrjin the eveninj. {2) For a party, delvery was maoeto the party or by leaving the documents at the party's reside-nce with some person ,iot yornger^ than 1g years of agebetween the hours of eight in the morning and six in the evening

Page 1 of 3Fom Approved ior Optional UseJudicial Council of CalifomiaPOS440 [Rev. Juty 1, 2O11]

PROOF OF SERVICE_CIVIL(Proof of Service)

Code of Civil Pr@edure, SS .1010.6, 1011, fi13, j113a,

2015.5: CaL Rutes of Court, rules 2.260, 2.306w.coufts.ca.gov

Kelley Lynch v. Leonard Norman Cohen; et al.

POS-040

6' b' n By United States mail. I enclosed the documents in a sealed envelope or package addressed to the persons at theaddresses in item S and (specify one):(1) n deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.(2) n placed the envelope for collection and mailing, following our ordinary business practices. I am readily famitiarwith this business's practice for collecting and processi-ng

"orr""pond"n"" fo, mailing. on the same day thatcorresPondence is placed for collection and mailing, it is deposited in the ordinary co-urse of business with theUnited States Postal Service, in a sealed envelope"with postage futty frepaia.I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at(city and state):

c' I--l By overnight delivery. I enclosed the documents in an envelope or package provided by an overnight deliverycarrier and addressed to the persons at the addresses in item s. I placeo th-e envelope or package for collectionand overnight delivery at an office or a regularly utilized drop box oi the overnigrrt oerivery carrier.d' [-l By.messenger service. I served the documenls by placing them in an envelope or package addressed to the personsat the addresses listed in item 5 and providing them to a pr6fessional messenglr ""*i"" for service. (A declaration bythe messenger must accompany this Proof oi Seruice or'be contained in the declaration of Messenger betow.)e' i--_l By.fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documentsto the persons at the fax numbers listed in item 5. No error was reported by the fix machine that I used. A copy of therecord of the fax transmission, which r printed out, is attached.

f' l-__l By electronic service. Based on a cgul order or an agreement of the parties to accept electronic service, I caused thedocuments to be sent to the persons at the electronic sirvice addresses listed in item 5.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dale: 1/16/2014

Jeffrey Korn6er DECLARANT)

(lf item 6d above is checked, the dectaration betow must be completed or a separate dectaration from a must be aftached.)

DECLARATION OF MESSENGER[-l gy personal servic.e. I personally delivered the envelope or package received from the declarant above to the persons at theaddresses listed in item 5- (1) For a party represented by an attornev, detivery was made to the attorney or at the attorney,soffice by leaving the documents in an envelope or package, which was clearly labeled to identifu tne attorney being serveo,with a receptionist or an individual in charge of the'office,-between the hours bt nine in the morning and five in the evenlng. (2)For a pa(y, delivery was made.to the part-y or by leaving the documents at the party's residence with some person not youngerthan 18 years of age between the hours oi eighi in the riorning and six in the evening.

At the time of service, I was over '18 years of age. I am not a party to the above-referenced legal proceeding.

I served the envelope or package, as stated above, on (date):

I declare under penalty of perjury under the laws of the state of california that the foregoing is true and correct.Date:

POS-040 [Rev. Juty 1,2Ot1]

(NAME OF DECLARANT) (SIGNATURE OF DECLARANT)

Page 2 of 3PROOF OF SERVICE_GIVIL

(Proof of Service)