Zandian’s Bizarre Motion filed March 24, 2014 in proper person.

On March 24, 2014 Zandian filed a bizarre Motion to Dismiss and Vacate Default Judgments. He did this in proper person even though he was represented by Counsel (Jason Woodbury) who had already filed two Appeals on Zandian’s behalf with the Nevada Supreme Court.

As a professional courtesy we allowed Zandian’s Counsel to withdraw the Motion. (Although the Motion was withdrawn it was not sealed.)

Zandian’s bizarre Motion and Affidavit is almost entirely:

1. Defamatory toward Margolin and his attorneys;

2. Scandalous;

3. Morally contemptible; and

4. Irrelevant.

However, Zandian does make some statements that are probative.

One such statement is:

As a citizen of lran, I cannot transfer money from Iran accounts into U.S. accounts because of U.S. laws and sanctions. Accordingly, I keep bank accounts in the U.S. to maintain money here in the U.S. so I can pay property taxes on the properties I own in Nevada.

(See Bizarre Motion, page 2, lines 5-8; click here)

Now that sanctions against Iran are due to be removed Zandian has no excuse to not pay the judgment.

Zandian also makes the statement:

7. I would win the dispute in the complaint concerning the patents as the patents at Issue are owned by Optima Technology Corporation, a California Corporation, a corporation solely owed by Emfaco S.A., a Swiss Corporation, of which I am the shareholder.

(See Bizarre Motion, bottom of page 3; click here)

This lawsuit is not about the ownership of the Patents. That was decided by the U.S. District Court for the District of Arizona. Indeed, the August 18, 2008 Order of the U.S. District Court for the District of Arizona includes:

4. OTC is hereby enjoined from asserting further rights or interests in the Patents and/or Power of Attorney;

The probative part of Zandian’s statement is that Optima Technology Corporation is owned by Emfaco S.A., a Swiss Corporation and that Zandian owns Emfaco. His statement “of which I am the shareholder” should be understood as meaning the sole shareholder.

The Judgment against Optima Technology Corporation was not appealed and remains a valid judgment against Optima Technology Corporation, which is owned by Emfaco, which is owned by Zandian.

Also note that Zandian’s Answer to the Complaint (March 6, 2012) was a General Denial and did not contain an Affirmative Defense.

Having thus waived his right to provide an Affirmative Defense his pathetic attempt to provide one almost two years later represents an enormous delay and expense to Margolin.

Here is more interesting stuff from Zandian’s Bizarre Motion:

adams.pdf

bornstein.pdf

zandian_JPLee.pdf