Kelley Lynch Fact Check

The Truth about Kelley Lynch's Allegations against Leonard Cohen




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Kelley Lynch - Leonard Cohen
Litigation Timeline

2005 - 2017


2005

August 15, 2005

Los Angeles Superior Court ("LASC") Case BC 338322, Cohen v. Lynch and Westin;
Attorney of Record: Scott Edelman, Gibson Dunn


Leonard Cohen filed suit in Los Angeles Superior Court against his former personal manager of seventeen years Kelley Lynch and his former lawyer Richard Westin. Cohen's claims against Lynch include claims for fraud, conversion, breach of contract, breaches of fiduciary duty, negligence, injunctive relief, imposition of a constructive trust, and an accounting. Cohen's claims against his former lawyer Richard Westin included claims for breaches of fiduciary duty, negligence and legal malpractice.

Kelley Lynch was Cohen's business manager for approximately 17 years until he fired her for cause in October 2004. Cohen fired Lynch upon his discovery that she had taken monies without his knowledge from his personal bank and investment accounts substantially in excess of the 15% management compensation to which she was entitled. A forensic analysis of Cohen's financial accounts showed that Lynch had wrongfully taken well in excess of $5 million over approximately seven years. Cohen also alleged that in addition to misappropriating funds from the various corporate entities that co-defendant Richard Westin set up for Cohen's benefit, Lynch also wrongfully took funds from Cohen's personal bank accounts at City National Bank and other trust accounts in which Lynch had no financial interest, including Leonard Cohen Investments, LLC, an entity in which Lynch had no ownership interest.

The gravamen of Cohen's claims against Cohen's former attorney Richard Westin was that Westin had improperly formed the corporate entities that were set up for Cohen's benefit and that he breached his fiduciary duties to Cohen by not monitoring the financial conditions of those entities, failed to maintain the corporate entities in good standing, and that he had improperly given 99.5% ownership and essentially unfettered control over Traditional Holdings, LLC ("THLLC") to Lynch, the retirement vehicle established solely for Cohen's, not Lynch's benefit.

The gravamen of Cohen's claims against Lynch and Westin was that they both breached their fiduciary duties to Cohen by inducing Cohen to sell his Artist Royalties to set up THLCC for the purposes of an annuity obligation to fund Cohen's retirement. Through Lynch's and Westin's misrepresentations and fraud, and unbeknownst to Cohen who understood that his children were to be the beneficiaries, Lynch obtained 99.5% ownership of that entity and was given control over its assets by Westin, which she proceeded to dissipate until all that remained was $150,000 to fund Cohen's retirement.


October 11, 2005

LASC Civil Case BC 341120, Cohen v. Lynch;
Attorney of Record: Scott Edelman


On October 11, 2005, Cohen filed a complaint for recovery of personal property against Kelley Lynch in Los Angeles Superior Court, civil case number BC 341120. In this action Cohen sought the recovery of business records and other personal property belonging to him that Lynch had in her possession but had refused to return. Later in October 2005, pursuant to an ex parte writ of possession, the Sheriff's Department removed from her home dozens of boxes of Cohen's records and personal property.


October 14, 2005

LASC Civil Case BS 099650, Cohen v. Lynch;
Attorney of Record: Scott Edelman


Shortly after her termination in October 2004, Lynch began sending numerous emails and placing numerous telephone calls to Cohen's residence in Los Angeles. Many of the calls and emails contained threats to Cohen's safety including emails threatening to "take him down" and declaring "Cohen should be taken before a firing squad and shot." Lynch's emails to Cohen were copied to many of Cohen's friends, family, and colleagues in the music business.

Lynch's emails and telephone calls to Cohen escalated after Cohen's complaint against her was filed and served in August 2015.

On October 14, 2005, Cohen filed a Request for a Civil Harassment Restraining Order against Kelley Lynch in BS 099650. Lynch was served a copy of Cohen's Request for a TRO at her Mandeville Canyon Road residence on October 18, 2005. A Temporary Restraining Order was issued and a hearing date set on the permanent order was set for November 3, 2005.

Lynch failed to make an appearance at the November 3, 2005 permanent restraining order hearing. After the hearing, Cohen obtained a 3-year Civil Harassment Restraining Order against Kelley Lynch in Los Angeles Superior Court, BS 099650.


December 5, 2005

LASC Civil Case BC 338322, Cohen v. Lynch and Westin;
Attorney of Record: Scott Edelman, Gibson Dunn


Because Lynch failed to answer or otherwise respond to his complaint against her, Cohen requests entry of default as to Kelley Lynch. Lynch's default is entered by LA Superior Court on December 5, 2005.


2006

February 2006

Mediation before JAMS, Los Angeles, Cohen v. Westin;
Attorneys of Record: Michelle Rice, Kory & Rice, LLP and Scott Edelman, Gibson Dunn


Cohen mediates his claims against his former attorney Richard Westin before JAMS in Los Angeles. At the conclusion of the mediation, a confidential settlement is reached with Richard Westin's malpractice insurance carrier.


April 2006

LASC Civil Case BC 338322, Cohen v. Lynch;
Attorney of Record: Scott Edelman, Gibson Dunn


A default prove-up hearing is held in BC 338322. Lynch is given advanced notice of the hearing email, but refuses in a responsive email to attend prove-up hearing stating that she "refuses to participate in tax fraud."


May 9, 2006

LASC Civil Case BC 341120, Cohen v. Lynch;
Attorney of Record: Scott Edelman


Because Lynch did not answer or otherwise respond to his complaint for the recovery of his personal property from Lynch's residence, a Default Judgment is entered against Kelley Lynch in civil case BC 341120. On May 9, 2006, the trial court entered default judgment against Kelley Lynch declaring Cohen the rightful owner of the property seized by the Sheriff's Department pursuant to the writ of possession in late October 2005.


May 15, 2006

LASC Civil Case BC 338322, Cohen v. Lynch;
Attorney of Record: Scott Edelman, Gibson Dunn


A Default Judgment is entered against Kelley Lynch in the amount of $7.3 million in civil case number BC 338322. Attachment to the May 15, 2006 Default Judgment declares:

It is DECLARED that (1) Lynch is not the rightful owner of any assets in Traditional Holdings, LLC, Blue Mist Touring Company, Inc., or any other entity related to Cohen; (2) that any interest she has in any legal entities set up for the benefit of Cohen she holds as trustee for Cohen's equitable title; (3) that she must return that which she improperly took, including but not limited to "loans;" and (4) that Cohen has no obligations or responsibilities to her. (emphases added)



2008

May 2008

Beginning in May 2008, Leonard Cohen embarks on a multi-year World Tour.

Kelley Lynch closely follows the press coverage regarding Cohen's live concert performances and posts numerous defamatory comments regarding Cohen on Internet websites of major publications (including, for example, major newspapers and music magazines Rolling Stone and Spin) that published concert reviews. In her wide-spread Internet posts, Lynch falsely accused Cohen of criminal activity, including committing "criminal tax fraud", theft from his former managers and advisors, and alleged "perjury" regarding a gun incident in a recording studio with Phil Spector before a grand jury in the Spector murder trial. Lynch's relentless "cyberstalking" of Cohen continued for the duration of his 2008-2010 World Tour.


August 19, 2008

Boulder County Court Civil Case Number 2008C 776, Cohen v. Lynch;
Attorney of Record: Harvey Steinberg, Springer and Steinberg


After Lynch's termination as Cohen's personal manager in October 2004, Lynch resided in several states, including Colorado.

Notwithstanding that Cohen's 3-year California Restraining Order issued on November 3, 2005 was still in full force and effect, Lynch continued to harass Cohen by placing numerous calls to his home in Los Angeles at all hours of the day and night and to send numerous menacing and threatening emails to Cohen while she was living and working in Boulder, Colorado. Because Lynch had relocated to Colorado, and because one of Cohen's planned performances on his U.S. Tour would take him to the Red Rocks Amphitheatre in Morrison, Colorado, Cohen filed a verified civil petition in Boulder County Court, civil case number 2008C 776. Cohen listed "stalking" under Colorado Revised States §18-19-111(4) to (6) and "physical assault, threat or other situation" as the primary reasons for seeking the order of protection against Lynch. Cohen stated in the verified petition "the threat of violence, stalking, slander, and harassment has been ongoing since approximately April 2005, subsequent to Ms. Lynch being terminated from her job for cause."

Leonard Cohen testified regarding Lynch's harassment in the ex parte hearing before Judge Carolyn Enichen on August 19, 2008. After consideration of Cohen's verified civil petition and his oral testimony at the ex parte hearing, Judge Enichen issued a temporary restraining order against Kelley Lynch and set a hearing on the permanent protection order for September 2, 2008.


September 2, 2008

Boulder County Court, Civil Case Number 2008C 776, Cohen v. Lynch;
Attorney of Record: Harvey Steinberg, Springer and Steinberg


The Permanent Protection Order hearing is held in Boulder County Court before Judge Carolyn Enichen on September 2, 2008. Cohen is not present in court, but is represented by his Colorado counsel, Harvey Steinberg. Robert Kory and Michelle Rice, Cohen's California attorneys, attend the hearing as potential witnesses. Kelley Lynch makes a personal appearance at the permanent protection order hearing. Lynch signed the Permanent Protection Order in open court and acknowledged that she understood its terms and provisions.

Shortly after the issuance of the Colorado PPO, Lynch resumed her email and telephonic harassment of Cohen, but before she could be arrested for violations of the Colorado PPO, she left Colorado in December 2008 and moved to New Jersey. Lynch continued to email and call Cohen while she was residing in New Jersey.


September 5, 2008

United States District Court, District of Colorado, Case 1:05-cv-01233-LTB, Greenberg & Associates, Inc. et al. v. Cohen and Lynch,;
Attorney of Record: Michelle L. Rice, Kory & Rice, LLP


In multi-year litigation (2005-2008) initiated against Cohen and Lynch in June 2005 by Cohen's former investment advisor Neal Greenberg and his related companies (the "Greenberg Plaintiffs"), the District of Colorado Court dismissed Greenberg Plaintiffs' interpleader claim by Order dated 9/5/2008. The entire action as to all parties was terminated October 21, 2008.

Through an interpleader claim brought against Cohen and Lynch as defendants, the Greenberg Plaintiffs had interplead approximately $154,000 into the District Court's Registry, which represented what was left of the approximately $5 million which Cohen had initially invested with Greenberg Plaintiffs. The initial $5 million investment were the assets of Traditional Holdings, LLC, a company formed by Cohen's former lawyer Richard Westin to manage Cohen's retirement assets. Because of competing claims as to ownership between Cohen and Lynch to the remaining invested funds, the District Court granted the Greenberg Plaintiffs' request to deposit the funds into the District Court's registry.

By its order of September 5, 2008, the Colorado District Court ordered the remaining $154,000 in interpleaded funds, plus accrued interest, disbursed to Cohen finding that the issue as to ownership of the remaining funds had already been determined by the 2006 California state court judgment obtained by Cohen against Lynch in Los Angeles Superior Court civil case BC338322:

On May 12, 2006, the Superior Court of California, County of Los Angeles, ruled on the issue of ownership of the funds, and entered default judgment in favor of Cohen and against Lynch in the amount of $7.3 million in damages and interest. See Judgment, Cohen v. Lynch, Los Angeles Superior Court Case No. BC 338322 (May 12, 2006) [Docket # 186-16]. In rendering judgment, the California court declared Lynch was "not the owner of any assets in Traditional Holdings, LLC" and any interest Lynch had in "any other entity related to Cohen . . . she [held] as trustee for Cohen's equitable title." The California court enjoined Lynch from interfering with Cohen's right to receive any such funds or property or in any other way exercising control over any funds or property related to Cohen. The California court ruling was not appealed and is now final."



December 2, 2008

Boulder County Court Civil Case Number 2008C 776, Cohen v. Lynch;
Attorney of Record: Harvey Steinberg, Springer and Steinberg


Motion: Kelley Lynch files a "Motion to Quash" the Colorado Permanent Protection Order issued on September 2, 2008.

Outcome: On January 12, 2009, the Boulder County Court DENIES Lynch's Motion to Quash (filed 12.2.08) the Colorado PPO. The Court's notation on the Register of Action states: "The motion to dismiss the PPO is denied. The CT reminds the DEF that she agreed to the entry of the PPO on 9-2-08."


May 2008 - December 2010

In May 2008, Leonard Cohen embarks on an extensive multi-date, multi-year World Tour.

Lynch closely followed the press coverage regarding Cohen's live concert performances and posted numerous defamatory comments regarding Cohen on Internet websites of major publications (including, for example, major newspapers and music magazines Rolling Stone and Spin) that published concert reviews. In her wide-spread Internet posts, Lynch falsely accused Cohen of criminal activity, including having committed "criminal tax fraud", theft from his former managers and advisors, and alleged "perjury" regarding a gun incident in a recording studio with Phil Spector before a grand jury in the Spector murder trial. Lynch's relentless "cyberstalking" of Cohen continued for the duration of his 2008-2010 World Tour.


2009

After Lynch's Motion to Quash was denied by the Boulder County Court on January 12, 2009, Lynch continued to track the reviews of Cohen's concert performances published online and to post numerous disparaging comments regarding Cohen falsely accusing him of various crimes, including tax fraud, theft from his former managers and advisors, as well as "perjury" before a grand jury in the Phil Spector murder trial.


October 1, 2009

Boulder County Court Civil Case Number 2008C 776, Cohen v. Lynch;
Attorney of Record: Harvey Steinberg, Springer and Steinberg


Based on Lynch's violations of the Colorado Permanent Protection Order issued by the Boulder County Court on September 2, 2008, a warrant is issued for Lynch's arrest in Colorado on October 1, 2009 in criminal case number C007 2009M-002691. Lynch avoided arrest in Colorado on this 2009 warrant because she had left Colorado and moved to New Jersey in December 2008, a few months after the Boulder Court issued the Permanent Protection Order. The 2009 Colorado warrant remains an active and open warrant.


2011

January 2011

When Cohen returned to his home in Los Angeles after a very successful multi-year World Tour in early January 2011, Lynch resumed her direct email and telephonic harassment of Cohen in violation of the "no-contact" provision of the Colorado Permanent Protection Order. Lynch also resumed her telephonic and email harassment of Robert Kory.


February 14, 2011

Cohen attorney Michelle Rice sends Kelley Lynch a "cease and desist" email regarding her recent direct violations of Cohen's Colorado Permanent Protection Order. Attached to Rice's February 14, 2011 email was a PDF copy of the Colorado PPO. Rice advised Lynch that Cohen's Colorado Permanent Protection Order would be recognized and enforced in the state of California. Lynch responded to Rice's email with a total of 95 emails over the course of a 24-hour period calling the Colorado PPO "fraudulent."


May 25, 2011

LASC Civil Case BQ 033717, Cohen v. Lynch;
Attorney of Record: Michelle Rice, Kory & Rice, LLP


From statements made in Lynch's emails that she had been sending Cohen in early 2011, it was ascertained that she had returned to California and was living and working in Berkeley. Because she had returned to California, Cohen registered the Colorado Permanent Protection Order (PPO) in California on Judicial Council Form DV-600 under the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, Family Code §6400 et seq. Cohen's Colorado PPO was issued under the anti-stalking laws of Colorado and qualified for registration and recognition in California under Family Code §6404(a) which provides in pertinent part:

(a) Any foreign protection order shall, upon request of the person in possession of the order be registered with a court in this state in order to be entered in the Domestic Violence Restraining Order System established under Section 6380. (emphasis added)


Further, Family Code §6401(5) defines a "protection order" as an:

"injunction or other order, issued by a tribunal under the domestic violence, family violence, or antistalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual." Fam. Code §6401(5). (emphasis added)


Lynch's calls and emails to Cohen continued unabated and even escalated throughout 2011 after the Colorado PPO was registered in California in May 2011.


Memorial Day, May 2011

Michelle Rice and Robert Kory make a police report of Lynch's violations of Cohen's Permanent Protection Order to Wilshire Police Department.


October 2011

Michelle Rice and Robert Kory meet with detectives from LAPD's Threat Management Unit and the Los Angeles City Attorney's Office regarding Lynch's violations of Cohen's Permanent Protection Order.

Lynch's calls and emails to Cohen continued unabated and even escalated throughout 2011 after the Colorado PPO was registered in California.


2012

January 2012

LASC Case No. 2CA04539, People v. Lynch;
Attorney of Record: Sandra Jo Streeter, DCA, Los Angeles City Attorney's Office


A seven count criminal complaint is filed against Kelley Lynch by the Los Angeles City Attorney's Office for Lynch's violations of Cohen's Permanent Protection Order. Lynch is charged with five counts of Penal Code §273.6(a) and two counts of Penal Code §653m(B).


March 1, 2012

Kelley Lynch is arrested in Berkeley, California, where she had been living and working, for violations of Cohen's Permanent Protection Order and is transported to Los Angeles for trial.


April 12, 2012

LASC Case No. 2CA04539, People v. Lynch

Lynch was convicted after a five-day jury trial of five counts of violating a court order (Pen. Code §273.6, subd. (a)) and two counts of making annoying telephone calls and sending annoying e-mails (§653m, subd. (b)) in Los Angeles Superior Court on April 12, 2012. Lynch's primary justification for her email and voicemail harassment was her assertion that she was simply seeking tax information that she needed to file her 2004 and 2005 tax returns. Specifically, she asserted that she needed form1099s from Cohen for 2004 and 2005. This issue was extensively considered at the criminal trial. The People presented a binder of communications (the "IRS Binder") that detailed the communications between Robert Kory and Lynch's accountant in 2004 and 2005, as well as Kory's communications with Luis Tajeda, head of the IRS fraud division for the western United States, responding to Lynch's assertions that Cohen had committed tax fraud. This binder established that Lynch already had in 2005 the tax information that she requested, and that the IRS was not pursuing Cohen for tax fraud. Judge Robert Vanderet ruled that Lynch's alleged justification based on a need for tax information was irrelevant and that testimony by Tejeda would not add anything new to what had been presented by Lynch's public defenders.


April 17, 2012

LASC Case No. 2CA04539, People v. Lynch

Lynch is sentenced by Judge Robert Vanderet on April 17, 2012 to 18 months with five years summary probation to the court and ordered Lynch to undergo anger management, alcohol and psychiatric counseling while incarcerated. 5-year post-conviction Criminal Protection Orders under Penal Code §136.2 were issued for Robert Kory, Michelle Rice and Bruce Cutler.

At Lynch's sentencing, Judge Robert Vanderet observed that the "evidence demonstrated in this case a long unrelenting barrage of harassing behavior on the part of the defendant that spanned a number of years and was really vile…no person should be subject to that kind of targeting by anyone and that's why we have statutes in place to prevent that." Judge Vanderet at stated that Lynch "displayed an utter contempt for the judicial process and for judicial orders" and had shown "no remorse or glimmer of acknowledgement of wrongdoing for her behavior."


May 7, 2012

Los Angeles Superior Court Appellate Division, Case No. BR 050096, People v. Lynch;
Appeal from the Honorable Robert C. Vanderet, Los Angeles Superior Court Case No. 2CA04539


Lynch filed a Notice of Appeal of her criminal conviction through her court-appointed appellate attorney on May 7, 2012. The main arguments Lynch makes in her appeal were that: (1) the exhibits by the prosecution were without foundation and should have been striken; (2) Lynch's words were protected by the First Amendment freedom of speech; (3) the crime or harassing and annoying phone calls was not proven; (4) the restraining order was not properly served and therefore inoperable; and (5) the prosecutor's conduct deprived Lynch of a fair trial.

Outcome: Lynch's conviction is affirmed in full by the appellate division of the Los Angeles Superior Court by written opinion issued on May 29, 2013.


2013

April 30, 2013

LASC Appellate Division, Case BX 001309, People v. Lynch;
In Re Kelley Lynch on Habeas Corpus, Trial Court Number 2CA04539


Writ of Habeas Corpus: Lynch filed a petition for writ of habeas corpus in the appellate division of Los Angeles Superior Court on May 30, 2013.

Outcome: The appellate division of the Superior Court affirms Lynch's conviction in full in a written opinion on May 29, 2013. The same day, Lynch's writ of habeas corpus petition in case number BX 001309 is also denied.


July 30, 2013

Los Angeles Superior Court Appellate Division, Case No. BR 050096, People v. Lynch;
Appeal from the Honorable Robert C. Vanderet, Los Angeles Superior Court, Case No. 2CA04539


Remittitur Issued by appellate division of Los Angeles Superior Court to trial court affirming Lynch's conviction in full.


August 9, 2013

Los Angeles Superior Court Case BC 338322, Cohen v. Lynch and Westin;
Attorney of Record: Michelle L. Rice, Kory & Rice, LLP and Jeff Korn


Motion: On August 9, 2013, over seven years after Cohen obtained a default judgment against Lynch in May 2006, Lynch filed a Motion to Vacate Leonard Cohen's $7.3 million Default Judgment obtained against Lynch in May 2006 in civil case number BC338322. Lynch argues that she was not served Cohen's 8/15/05 summons and complaint and therefore the default judgment is void. Lynch claims that the registered process server "committed perjury" and that the Proof of Service was false and that no one resembling the "Jane Doe, co-occupant" lived at her residence at the time of the August 24, 2005 substituted service under CCP §415.20(b).

In her 77-page "Case History" attached to her August 2013 Motion to Vacate, Lynch alleges that the corporate structure and purposes of the various corporate entities that were formed as part of Cohen's estate and tax planning to hold Cohen's assets, including Traditional Holdings, LLC, were formed for an improper tax purpose. In her declaration attached in support of her motion, Lynch also claimed to have "reported" Cohen to the IRS in April 2005 and alleges that Cohen filed his lawsuit in August 2005 as retaliation for her report. The only evidence of an IRS response to her alleged report made in April 2005 was a March 6, 2007 email from Agent Kelly Sopko of the U.S. Treasury Department that she reprinted on page 71 of her "Case History." Lynch provided no other evidence to substantiate her claim of tax fraud. Cohen's evidence produced in response to Lynch's allegations of Cohen's tax fraud showed that Lynch's report of Cohen to the IRS in March 2007 resulted in no change to Cohen's income tax returns for any of the years at issue under IRS review.

Outcome: After consideration of Lynch's motion, her supporting declarations, and Cohen's Opposition, and his supporting declarations, including the Declaration of Scott Edelman, the attorney who filed Cohen's complaint against Lynch, Lynch's Motion is DENIED with prejudice by 1/17/14 Order. At the hearing on Lynch's Motion, Judge Robert Hess characterized Lynch's motion as "not even colorably meritorious."


2015

March 17, 2015

Los Angeles Superior Court Case BC 338322, Cohen v. Lynch;
Attorney of Record: Michelle L. Rice, Kory & Rice, LLP


Eighteen months after filing her first motion to vacate in August 2013, which was denied with prejudice on January 17, 2014, Lynch filed an 1,100 page court filing (motion, plus 109-page declaration with 90+ exhibits attached) styled as a "Motion For Terminating Sanctions" in BC 338322. Lynch alleged that Cohen and his attorneys Kory and Rice committed "fraud upon the court" in obtaining the May 2006 Default Judgment and in obtaining the 1/17/14 Order denying her August 2013 motion to vacate. Lynch alleged that Cohen and his attorneys had engaged in a litany of purported misconduct, which according to Lynch, included "fraudulent misrepresentations" in plaintiffs' complaint, concealment and falsification of data, perjury in plaintiffs' declarations opposing her motion to vacate, and providing fraudulent financial data to support the Default Judgment.

Despite the trial court's denial of her first motion to vacate with prejudice, in which she claimed lack of service of the summons and complaint, Lynch reiterated her assertion that she was not served Cohen's 8/15/05 summons and complaint and that the May 15, 2006 Default Judgment is void because the false Proof of Service constituted "extrinsic fraud" which entitled her to equitable relief from the default judgment and the terminating sanction of the dismissal of Cohen's complaint.

Outcome: In the June 23, 2015 hearing on Lynch's "Motion for Terminating Sanctions", LA Superior Court Judge Robert L. Hess denies Lynch's motion as an invalid motion for consideration of the January 17, 2014 Order denying her August 2013 motion to vacate. Lynch's Motion is DENIED with prejudice by 6/23/15 Order of the trial court. On July 28, 2015, Lynch files a notice of appeal to Second District Court of Appeal, Appellate Case Number B265753.


May 29, 2015

Los Angeles Superior Court Case BC 338322, Cohen v. Lynch;
Attorneys of Record: Michelle L. Rice, Kory & Rice, LLP and Bergman Law Group


Motion: Cohen moves ex parte to seal portions of Lynch's 109-page declaration and certain exhibits attached to her declaration filed in support of her Motion for Terminating Sanctions based on Lynch's unauthorized disclosure of attorney-client privileged communications between Cohen and his attorneys. Lynch appears at the ex parte hearing and argues that certain of the documents should remain unsealed.

Outcome: After the ex parte hearing, Judge Hess issues a Sealing Order sealing portions of approximately 33 paragraphs of Lynch's 130 paragraph declaration as well as 29 of the 90 exhibits that Lynch had attached to her supporting declaration. Lynch files a Notice of Appeal of the May 29, 2015 Sealing Order on July 28, 2015. Lynch's appeal from the sealing order is consolidated with her appeal from the June 23, 2015 Order denying her Motion for Terminating Sanctions in appellate court case B265753.


July 6, 2015

United States Tax Court Docket Number 017085-15, Kelley Lynch v. Commissioner

On July 6, 2015 Lynch filed a petition with the U.S. Tax Court in Washington, D.C. alleging that Leonard Cohen committed "fraud upon the tax court" in the stipulated settlement Cohen reached with the IRS in 2002 (Docket Number 007024-02).

Outcome: Lynch's Petition is DISMISSED by the U.S. Tax Court for lack of jurisdiction because there was no Notice of Deficiency involving Lynch to confer jurisdiction upon the tax court. Lynch appealed the 12/28/15 dismissal order to the Ninth Circuit Court of Appeals. On April 6, 2016, Lynch's 9th Circuit appeal from the U.S. Tax Court's dismissal order is dismissed as "frivolous."

July 13, 2015

Los Angeles Superior Court Case BC 338322, Cohen v. Lynch;
Attorneys of Record: Michelle L. Rice, Kory & Rice, LLP


Application For and Renewal of May 15, 2006 Default Judgment: After Lynch's two previous successive motions to vacate the May 2006 judgment based upon her assertion of lack of service of the summons and complaint had been denied with prejudice by the trial court, Cohen filed an Application For and Renewal of the May 2006 Judgment obtained against Lynch on July 13, 2015. Cohen's $7.3 million money judgment, together with $6.7 million in accrued statutory interest pursuant to CCP §685.010(a), was renewed on July 13, 2015. As of the July 2015 renewal, the resulting outstanding unsatisfied money judgment against Lynch is $14,059,183.80.


July 28, 2015

Los Angeles Superior Court Case BQ 033717, Cohen v. Lynch;
Attorney of Record: Michelle L. Rice, Kory & Rice, LLP


Lynch files Motion to Set Aside/Vacate May 25, 2011 California Registration of Cohen's Permanent Colorado Restraining Order. Lynch alleges that (1) the Colorado PPO was improperly registered in California and that the California Registration "wrongfully modified and transformed the Colorado order into a domestic violence order"; (2) that the lack of notice of the California Registration of the Colorado PPO rendered the order void and unenforceable and violated her due process rights; and (3) that Cohen does not qualify as a protected party under Family Code §6211 because Lynch denied that there was a "dating" or "engagement relationship" with Cohen.

Cohen opposed Lynch's Motion to Vacate the California Registration of the Colorado PPO based on the doctrines of collateral estoppel and waiver. Cohen argued that all of the issues Lynch raised in her motion to vacate challenging the propriety of the California Registration of the Colorado PPO were either barred by the doctrines of collateral because Lynch sought to re-litigate issues in a civil court which had already been determined against her in her 2012 criminal trial or waiver through her failure to raise them in her criminal trial or in her criminal appeal and habeas petition.

Outcome: Lynch's Motion is DENIED by 9/1/15 Order. At the hearing the Judge stated on the record that he was denying Lynch's motion to set aside the California Registration of the Colorado PPO for the following reasons: (1) that the motion was untimely under CCP §473 because it was not brought within 6 months of the entry of the order or the respondent's knowledge of entry of the order; (2) the motion is based on grounds that were or could have been raised during the criminal proceedings that occurred in California in which the order was actually enforced and both the appeal and the habeas corpus petition and therefore, the grounds asserted have either been adjudicated and the respondent is collaterally estopped, or her claims have been waived as a result of a failure to bring them; and (3) the evidence establishes that the order is a domestic relations order under California law.

On October 6, 2015, Lynch files a Notice of Appeal from the 9/1/15 Order denying her motion to vacate to Second District Court of Appeal, appellate case number B267409.


July 28, 2015

Los Angeles Superior Court Case BC338322, Cohen v. Lynch and Westin;
Attorney of Record: Michelle L. Rice, Kory & Rice, LLP


Motions: Lynch files two motions challenging Cohen's July 2015 Renewal of the May 15, 2006 Judgment: (1) an untimely "Motion to Tax Costs" challenging Cohen's claim to $6.7 million in accrued statutory interest on the May 15, 2006 Default Judgment and; (2) a Motion to Vacate the July 15, 2015 Renewal of Judgment, which with accrued statutory interest was renewed in the amount in excess of $14 million. As the primary basis for her July 2015 motion to vacate the renewed judgment, Lynch reiterates her claim that she was not served Cohen's summons and complaint and that the Proof of Service filed constituted "extrinsic fraud."

Outcome: Lynch's Motion to Vacate the July 2015 Renewal of Judgment and Motion to Tax Costs are both DENIED with prejudice by October 6, 2015 Order. Lynch appeals from the order denying her Motion to Vacate the July 2015 Renewal of the Judgment in the Second District Court of Appeal, appellate Case number B267794.


July 28, 2015

Lynch files Notice(s) of Appeal from the May 29, 2015 Sealing Order and the June 23, 2015 Order denying her Motion for Terminating Sanctions. Appeals from both orders get consolidated into one appellate case number B265753.

Appellate Case B265753 Status: A signed, unpublished opinion was issued 5.17.17. Lynch's appeal from the 6.23.15 Order denying her "Motion for Terminating Sanctions" is dismissed by the California Second District Court of Appeal. The May 29, 2015 Sealing Order issued by the trial court is upheld in all respects with the exception of three exhibits that were attached to Lynch's declaration.



October 6, 2015

Los Angeles Superior Court Case BC 338322, Cohen v. Lynch;
Attorney of Record: Michelle L. Rice, Kory & Rice, LLP


Lynch files a Notice of Appeal from the Order denying her Motion to Vacate the July 13, 2015 Renewal of the Default Judgment.

Appellate Case B267794 Status: Lynch filed Appellant's Opening Brief on 4.20.17. Respondent's Opening Brief Due June 21, 2017



October 6, 2015

Los Angeles Superior Court Case BQ003717, Cohen v. Lynch;
Attorney of Record: Michelle L. Rice, Kory & Rice, LLP


Lynch files a Notice of Appeal from the 9/1/15 Order denying her Motion to Vacate/Set Aside the California Registration of Cohen's Colorado Permanent Protection Order (PPO).

Appellate Case B267409 Status: Lynch's Opening Brief was filed March 27, 2017. Respondent's Opening Brief is due June 26, 2017.



2016

April 6, 2016

Lynch's 9th Circuit Appeal from the U.S. Tax Court order dismissing her petition is denied as "frivolous."


April 22, 2016

United States District Court, Central District of California, Case Number 2:16-cv-02771-SVW-FFM, Lynch v. Cohen, Kory and Rice

Motion and complaint: After three unsuccessful attempts to vacate Cohen's multi-million dollar money judgment against her in state court, Kelley Lynch files a Motion to Proceed in Forma Pauperis (IFP) in bringing a federal "RICO" suit against Leonard Cohen, Robert Kory and Michelle Rice as named defendants in the federal district court in the Central District of California. Lynch's federal RICO motion spans several hundred pages. In her RICO suit Lynch alleges thirteen causes of action, including:

First Claim for Relief:

violations of RICO statute 18 U.S.C. §1962(c) involving the following alleged predicate acts:

(a) extortion in violation of Hobbs Act, 18 U.S.C. §1951
(b) extortion in violation of California Penal Code Section 518
(c) Multiple instances of mail and wire fraud in violation of 18 U.S.C. §§1341, 1343
(d) Copyright infringement in violation of 17 U.S.C. 506 and 18 U.S.C. §2319
(e) Money laundering in violation of 18 U.S.C. §1956(a)(2)(A)
(f) interstate transportation of stolen property in violation of 18 U.S.C. §2314
(g) obstruction of justice in violation of 18 U.S.C. §1503
(h) witness tampering in violation of 18 U.S.C. §1512
(i) obstruction by destruction of evidence in violation of 18 U.S.C. §§1512c and 1519
(j) obstruction by harassment in violation of 18 U.S.C. §1512(d)

Second Claim for Relief - Conspiracy to Violate RICO (Against All Defendants)

Pendant State Law Claims

Third Claim for Relief - Breach of Fiduciary Duty (Against Leonard Cohen)
Fourth Claim for Relief - Constructive Fraud (Against Leonard Cohen)
Fifth Claim for Relief - Fraud for Fraudulent Misrepresentations and Non-Disclosure (Against Leonard Cohen)
Sixth Claim for Relief - Breach of Traditional Holdings, LLC Indemnity Agreement (Against Leonard Cohen)
Seventh Claim for Relief - Quantum Meruit (Against Leonard Cohen)
Eighth Claim for Relief - Accounting (Against Leonard Cohen)
Ninth Claim for Relief - Unjust Enrichment (Against Leonard Cohen)
Tenth Claim for Relief - Intentional Interference with Contract, Prospective Business Relations and Economic Advantages (Against Leonard Cohen)
Eleventh Claim for Relief - Request for Declaratory Judgment That the LASC Judgment in Case No. BC338322 is Unenforceable and Non-Recognizable (Against All Defendants)
Twelfth Claim for Relief - Request for Declaratory Judgment That the LASC Judgment in Case No BC341120 is Unenforceable and Non-recognizable (Against All Defendants)
Thirteenth Claim for Relief - Request for Declaratory Judgment That Judge Babcock's Order [September 5, 2008] is Unenforceable and Non-Recognizable

Outcome: Just several weeks after it was filed, Lynch's Motion to proceed In Forma Pauperis (IFP) is denied and her federal RICO suit filed is dismissed because her complaint, after pre-merit review, is determined to be "legally and/or factually patently frivolous." The Central District further finds that Lynch's claims are "barred by litigation privilege, issue preclusion, claim preclusion, Noerr-Pennington doctrine and Rooker-Feldman doctrine." The federal district court dismisses the case by order on May 18, 2016. Lynch does not appeal from the May 18, 2016 Order dismissing her federal RICO complaint.


July 27 - 29, 2016

After three unsuccessful successive attempts in California state court to vacate Cohen's $14 million money judgment against her, her July 2015 U.S. Tax Court petition is dismissed for lack of jurisdiction in December 2015, her 9th Circuit Appeal is dismissed as "frivolous" in April 2016, and her April 2016 federal RICO suit is dismissed as "legally and/or factually patently frivolous" a few weeks after it is filed in May 2016, Kelley Lynch, in July 2016 resumes direct contact with Leonard Cohen in violation of Cohen's Colorado Permanent Protection Order, the May 25, 2011 California Registration of which Lynch had also been unsuccessful in her July 2015 attempt to invalidate.

Lynch sends Cohen over the course of three days in July 2016 a total of 39 emails in direct violation of the "no-contact" provision of Cohen's Permanent Protection Order. Lynch's emails principally repeat her request for 1099s for the years 2004 and 2005. Lynch must have known those requests had no justification for at least two reasons. First, this justification for harassment of Cohen in violation of the PPO was rejected specifically by Judge Vanderet in the first criminal trial. Second, Judge Hess had upheld the Default Judgement against Lynch in three separate hearings on Lynch's various motions to vacate the Default Judgment which notably included the finding that Cohen had no obligation to Lynch whatsoever.


August 24, 2016

Michelle Rice meets with Detective Marc Madero of LAPD Threat Management Unit regarding Lynch's violations of Cohen's PPO.


September 2, 2016

Detective Marc Madero of LAPD/TMU meets and interviews Leonard Cohen, who was physically frail and dying of cancer, at his home in Los Angeles regarding Kelley Lynch's violations of his Permanent Protection Order. Robert Kory is also present and interviewed by Detective Madero.


November 7, 2016

Leonard Cohen dies in Los Angeles.


November 30, 2016

Los Angeles Superior Court Case BQ 033717, Cohen v. Lynch;
Attorney of Record: Michelle L. Rice, Kory & Rice, LLP


Motion: While Lynch's B267409 appeal is pending in the Second District Court of Appeal on the 9/1/15 Order denying her motion to vacate the California Registration of Cohen's Colorado PPO, Lynch files a motion in the trial court for a "Termination Order" seeking to terminate the California Registration of Cohen's Colorado PPO based upon Cohen's November 7, 2016 death. Cohen, through Robert Kory, the trustee of the Cohen Family Trust, opposes Lynch's motion to terminate based upon Lynch's failing to demonstrate that the Colorado PPO and all of its provisions have been terminated by the Boulder County Court, including the separate "stay away" order requiring Lynch to stay at least 100 yards away from the office location of Kory & Rice.

Outcome: Lynch failed to appear at the 1/9/17 motion hearing. The trial court, after consideration of Lynch's Motion and Cohen's Opposition, DENIES Lynch's motion to vacate the California Registration of the Colorado PPO.


December 6, 2016

LASC Criminal Case No. 6CJ03685, People v. Lynch

A new 16 count criminal complaint is filed against Kelley Lynch in Los Angeles Superior Court for Lynch's violations of Cohen's Permanent Protection Order before his death in November 2016 and for her harassment of Cohen attorneys Michelle Rice and Robert Kory under Penal Code §653m.


December 22, 2016

Boulder County Court, Boulder, Colorado, Case 2008 C 776, Cohen v. Lynch;
Attorney of Record: Harvey Steinberg, Spring and Steinberg; James Keane


Motion: Lynch files a motion to vacate Cohen's Colorado Permanent Protection Order issued September 2, 2008 based upon Cohen's November 7, 2016 death.

Cohen, through Cohen Family Trust trustee Robert Kory, opposed Lynch's motion by pointing out Lynch's failure to comply with the statutory requirements of Colorado Revised Statute §13-14-108. Kory & Rice, LLP, through their Colorado counsel James Keane, also oppose Lynch's motion as interested parties.

Outcome: The Boulder County Court DENIES Lynch's Motion to Vacate on January 17, 2017 because of Lynch's failure to comply with Colorado Revised Statute §13-14-108, which provides for a mechanism by which protection orders may be modified or vacated. In her motion, Lynch failed to disclose her 2012 California conviction for violating the Permanent Protection Order and to provide the Boulder County Court with a fingerprint-based criminal history check, which is a requirement under the Colorado statute.


2017

January 25, 2017

Boulder County Court, Boulder, Colorado, Case 2008 C 776, Cohen v. Lynch

Boulder County Court Judge Anthony Archuleta issues an order in civil case number 2008C 776 regarding "Emails From Defendant [Kelley Lynch] from Jan 24 thru Jan 25 2017." The full text of the Order:

This matter has already been ruled on. Ms. Lynch has failed to follow the statute in requesting that the PPO be vacated. Ms. Lynch is ordered NOT to send any more emails to the clerks or staff of this court. If she has pleadings to file she must do so through JPOD. The clerks and staff of this court are directed not to respond to Ms. Lynch unless/until there is a further order of the Court.



May 17, 2017

Second District Court of Appeal, Appellate Case Number B265753/Trial Court Case Number BC 338322, Cohen v. Lynch;
Attorneys of Record: Michelle L. Rice, Kory & Rice, LLP and Wendy Lascher, Ferguson, Case, Paterson, Orr


On May 17, 2017, the Second District Court of Appeal issued a signed, unpublished decision in appellate case number B265753. Lynch's appeal from the June 23, 2015 Order denying her Motion for Terminating Sanctions is dismissed. The May 29, 2015 Sealing Order is affirmed in all respects with the exception of three exhibits that were attached to her declaration that had been sealed. Lynch does not file a timely Petition for Rehearing.


August 1, 2017

LASC Criminal Case No. 6CJ03685, People v. Lynch

Lynch appeared before the court without counsel for a preliminary hearing. Additional violations of the protective orders entered on behalf of Kory and Rice were added to the complaint for a total of 31 counts against Lynch. Lynch was arraigned and entered a plea of not guilty.