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