10:00 AM
Docket 881
- NONE LISTED -
Grant motion. Waive appearances. Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
2:00 PM
Docket 41
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Reliable Tool, Inc. Represented By Jack H Karpeles
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Docket 105
- NONE LISTED -
Reply is well taken. Trustee would have been content to simply pay taxes that his research led him to conclude were due and owing. It was debtors who requested that the trustee adopt a different approach and it was with their knowledge and consent and for their benefit that the trustee undertook the work in question. Court does not share debtors' view that time spent was excessive for task at hand. (And motion was opposed.) Issues were novel and the Court continued the hearing several times to give the trustee and the debtor an opportunity to figure out how to accommodate the debtor's wishes that the trustee not simply pay the taxes.
Overrule objection. Approve trustee's final report in full.
Debtor(s):
AJ DeBellis Represented By
Mark T Young
Joint Debtor(s):
Victoria Collette DeBellis Represented By Mark T Young
Trustee(s):
Richard K Diamond (TR) Represented By Ivan L Kallick
2:00 PM
Docket 49
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Suchada Jennings Represented By Julie J Villalobos
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Docket 42
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Kenneth Lee Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Docket 37
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Yvonne Mariea Hyde Represented By Vernon R Yancy
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: WELLS FARGO BANK, NA
Docket 10
1/3/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearanceon 1/9/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Nicole Lee Hill Represented By
D Justin Harelik
Movant(s):
Wells Fargo Bank, N.A. dba Wells Represented By
Jennifer H Wang
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: MERCEDES-BENZ FINANCIAL SERVICES USA, LLC.
Docket 9
1/3/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearanceon 1/9/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Kimberly G Galindo Represented By Gregory Grigoryants
Movant(s):
Mercedes-Benz Financial Services Represented By
Jennifer H Wang
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: SRP 2012-4, LLC.
Docket 9
- NONE LISTED -
Grant motion, including waiver of Rule 4001(a)(3) and annulment. Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included the transfer of an interest in property without movant's consent and multiple bankruptcy filings affecting this property.
Debtor(s):
Adalberto A Flores Pro Se
Movant(s):
SRP 2012-4 LLC Represented By
Erin M McCartney
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: AMERICAN HONDA FINANCE CORPORATION
Docket 12
1/3/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearanceon 1/9/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Ushangi Kumelashvili Pro Se
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: HONDA LEASE TRUST
Docket 8
1/3/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearanceon 1/9/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Andrea Michelle Calderon Represented By Daniel King
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: MIKHAIL SHALVAPIN
Docket 7
- NONE LISTED -
Case has been dismissed. Motion is not entirely moot, as it seeks annulment. Either deny motion as moot or, if movant prefers, continue hearing to give movant an opportunity to comply with Court's local, local rule re proceeding to hearing on motions in dismissed cases.
Debtor(s):
America Genchi Ruiz Pro Se
Movant(s):
Mikhail Shalyapin Represented By Carol G Unruh
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: GMAT LEGAL TITLE TRUST 2014-1, U.S. BANK NA ASSOCIATION AS LEGAL TITLE TRUSTEE
Docket 7
- NONE LISTED -
Grant motion, including waiver of Rule 4001(a)(3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included multiple bankruptcy filings affecting this property. Deny balance of extraordinary relief requested by movant.
Debtor(s):
Antonio Rene Andres Represented By Scott Kosner
Movant(s):
GMAT Legal Title Trust 2014-1, Represented By
Christopher M McDermott
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: CALIFORNIA PHYSICIANS' SERVICE DBA BLUE SHIELD OF CA
Docket 61
- NONE LISTED -
Grant motion without waiver of Rule 4001(a)(3), absent agreement between the parties on the form of an APO.
1/8/17 -- Court approved APO. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Veronica Cazarez Represented By Martin J Brill Todd M Arnold Lindsey L Smith
Movant(s):
California Physicians' Service dba Represented By
Michael B Reynolds
10:00 AM
MOVANT: U.S. BANK, NA
Docket 132
1/4/18 - Jeffery Fulton, (619)688-0018, has been approved for telephonic appearance on 1/9/18 @ 10am
Trustee was appointed approximately two days after motion was filed. Has trustee had an opportunity to review this motion? Does the trustee have a position with regard to this motion? Has movant spoken to the trustee?
Hearing required.
Debtor(s):
Shepherd University Represented By Jaenam J Coe
Movant(s):
US Bank National Association Represented By
W. Jeffery Fulton
Trustee(s):
Bradley D. Sharp (TR) Represented By Elissa Miller
2:00 PM
Docket 120
- NONE LISTED -
Grant motion. Approve compromise. When is the status conference scheduled in the adversary proceeding?
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz
2:00 PM
Adv#: 2:17-01033 R. Michael Collum, a Law Corporation et al v. Masud
fr. 4-4-17, 6-6-17, 9-12-17, 11-14-17
Docket 1
- NONE LISTED -
Tentative Ruling for June 6, 2017:
Apparently, the parties' settlement involves property of the bankruptcy estate and the trustee reportedly does not support the proposed settlement. Order the parties and the trustee to participate in a day of medation prior to the date of the continued status conference.
Final Ruling for June 6, 2017:
Continue status conference to September 12, 2017 at 2:00 p.m. Joint status report waived. It may make sent to permit parties to refrain from actively litigating this action to see where 727 action goes.
Tentative Ruling for September 12, 2017:
What, if anything, has transpired since last status conference? Hearing required.
Final Ruling for September 12, 2017:
Parties report that they have agreed to settlement in principle. Continue status conference to November 14, 2017 at 2:00 p.m. Parties are to file joint
2:00 PM
status report not later than October 31, 2017.
Tentative Ruling for November 14, 2017:
Sanction counsel for parties $150 each for failing to file joint status report. What is the status of this matter? Hearing required.
Tentative Ruling for January 9, 2018:
The last item on the docket is a notice of ruling directing parties to file a timely joint status report if the matter hasn't been dismissed by the date of the status conference explaining why the matter has been delayed and has not been settled. The matter has not been dismissed and the joint status report was not filed in a timely manner. Impose sanctions of $250 each on counsel for the parties and continue the status conference again. Issue an OSC re dismissal and set hearing on OSC for same date and time as continued status conference.
Debtor(s):
Jaffer Bernard Masud Represented By Andre A Khansari
Defendant(s):
Jaffer Bernard Masud Represented By Andre A Khansari
Plaintiff(s):
R. Michael Collum, a Law Represented By Marc A. Collins Andre A Khansari
Ashaa Siewkumar Represented By Marc A. Collins Andre A Khansari
2:00 PM
Trustee(s):
Timothy Yoo (TR) Represented By Diane C Weil Zev Shechtman
2:00 PM
Adv#: 2:17-01288 Yoo v. Masud
Complaint by Timothy J Yoo against Jaffer Bernard Masud fr. 8-1-17, 9-12-17, 11-14-17
Docket 1
- NONE LISTED -
7/31/17 -- Court approved stipulation vacating defendant's default and continuing status conference to September 12, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 1, 2017. NO APPEARANCE REQUIRED.
Tentative Ruling for September 12, 2017:
Discuss with plaintiff timing of possible summary judgment motion referenced in joint status report.
10/25/17 -- Court approved stipulation continuing hearing to January 9, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 14, 2017.
12/29/17 -- Court approved stipulation continuing hearing to February 27, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 9, 2017.
Debtor(s):
Jaffer Bernard Masud Represented By Andre A Khansari
Defendant(s):
Jaffer Bernard Masud Pro Se
2:00 PM
Plaintiff(s):
Timothy J Yoo Represented By Zev Shechtman
Trustee(s):
Timothy Yoo (TR) Represented By Diane C Weil Zev Shechtman
2:00 PM
Adv#: 2:17-01514 Avery v. Lee et al
fr. 1-2-18
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Steven S Yang Represented By Joon M Khang
Defendant(s):
Wonju Lee Pro Se
Hwa Joon Min Pro Se
Royals Protein, Inc. Pro Se
Shepherd Alliance, Inc. Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
2:00 PM
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:00 PM
Adv#: 2:17-01522 Bitetti v. Bren
Docket 1
1/5/18 - Roger Friedman, (714)641-5100, has been approved for telephonic appearance on 1/9/18 @ 2pm.
The plaintiff discusses in the parties' joint status report the prospect of bringing a motion for summary judgment. When will plaintiff be in a position to bring such a motion? Hearing required.
Debtor(s):
Steven M Bren Represented By Robert S Altagen
Defendant(s):
Steven M. Bren Pro Se
Plaintiff(s):
Jeffrey J. Bitetti Represented By Roger F Friedman
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:16-01137 Ghoulian et al v. Omrani
fr. 5-24-16, 8-30-16, 1-24-17, 4-25-17, 8-15-17
Docket 1
NONE LISTED -
Set discovery cutoff for end of August. When does plaintiff anticipate being in a position to file motion for summary judgment or partial summary adjudication?
5/26/16 -- Court approved scheduling order setting discovery cutoff of August 31, 2016.
6/14/16 -- Court approved stipulation adding trustee as co-plaintiff.
Tentative Ruling for August 30, 2016:
Set discovery cutoff for approximately 60 days and deadline for filing contemplated motion for summary judgment for approximately 30 days thereafter.
8/31/16 -- Court approved scheduling order setting following dates: Continued status conference -- January 24, 2017 at 2:00 p.m.
L/D to file joint status report -- January 10, 2017
L/D for plaintiff to file and serve motion for partial summary judgment -- November 29, 2016
2:00 PM
Hearing on motion -- January 24, 2017 at 2:00 p.m. L/D to complete discovery -- October 31, 2016.
Tentative Ruling for August 15, 2017:
Revisit status of action after conclusion of related matter on calendar.
11/13/17 -- court approved stipulation continuing hearing to January 23, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 9, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
Defendant(s):
Mike Omrani Represented By
Stella A Havkin
Plaintiff(s):
Hertzel Ghoulian Represented By Michael F Frank
Rosendo Gonzalez (TR) Represented By Michael F Frank
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:16-01517 Rosendo Gonzalez, Chapter 7 Trustee v. Law Offices of Lior Sadgan, A
Docket 140
NONE LISTED -
Court is confused. In an effort to plead facts that demonstrate "the case within the case," the fourth amended complaint talks about the fact that Omrani would have been able to prove Ghoulian breached the parties' original partnership agreement because Ghoulian did not contribute more than $550,000 to Rosy Loves when required by the agreement to invest
$900,000. The complaint also touts the fact that the state court granted Omrani's motion for a preliminary injunction, enjoining Ghoulian from participating in any aspects of the Rosy Loves business.
But the tentative ruling attached to defendant's request for judicial notice, which was adopted by the state court as its final ruling, explains that plaintiff's request for an injunction "stands or falls with the Settlement Agreement." But for the settlement agreement, Ghoulian would have been "a co-owner of the business and guarantor of the lease with the right to have access to the warehoouse and prevent Plaintiff from removing inventory." The court went on to reason that, "The Settlement Agreement appears to be enforceable even though it provides that the parties will enter into a more formal agreement. Although Plaintiff's supplemental evidence is conclusory and weak, it appears that the only reason that Plaintiff's September check to Ghoulian was returned for insufficient funds is due to Ghoulian's actions of depleting the corporate bank account. A party cannot profit by his or her own wrongdoing, and Ghoulian cannot contend that the Settlement Agreement has been breached by Plaintiff's failure to make the September payment.
Thus, the Settlement Agreement is enforceable, and Omrani has shown a
2:00 PM
probability of success on a breach of contract specific performance claim."
But the contract to which this sentence refers was not the parties' original partnership agreement. It was the Settlement Agreement. For this reason, the state court issued an injunction prohibiting Ghoulian from participating in any aspect of Rosy Loves operations. The bond that was posted was to secure any damages that Ghoulian may suffer from an improvidently issued injunction and the Court stated that, "Should Omrani fail to perform the Settlement Agreement Ghoulian can seek to dissolve the injunction for the breach."
So how can the plaintiff here be relying on the reasoning of the state court as support for the proposition that, but for the alleged malpractice and breach of fiduciary duty, Omrani would have prevailed on any claims under the original partnership agreement? That partnership was dissolved in the settlement agreement, and Omrani agreed to repay Ghoulian the money he had invested but has not done so.
And where is the new lawyer that plaintiff promised to retain to redraft this complaint? Although there is now information about what plaintiff contends would have happened but for the alleged negligence/breach of fiduciary duty in the complaint, that information is internally inconsistent and largely incomprehensible.
Hearing required.
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
Defendant(s):
Law Offices of Lior Sadgan, A Represented By Raymond H. Aver
Lior Sadgan Represented By
Raymond H. Aver
2:00 PM
David Sadgan Represented By Raymond H. Aver
Elana Sadgan Represented By Raymond H. Aver
David Sadgan and Elana Sadgan as Represented By
Raymond H. Aver
Plaintiff(s):
Rosendo Gonzalez, Chapter 7 Represented By Michael F Frank
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:16-01517 Rosendo Gonzalez, Chapter 7 Trustee v. Law Offices of Lior Sadgan, A
Docket 141
NONE LISTED -
See tentative ruling for matter no. 206.
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
Defendant(s):
Law Offices of Lior Sadgan, A Represented By Raymond H. Aver
Lior Sadgan Represented By
Raymond H. Aver
David Sadgan Represented By Raymond H. Aver
Elana Sadgan Represented By Raymond H. Aver
David Sadgan and Elana Sadgan as Represented By
Raymond H. Aver
Plaintiff(s):
Rosendo Gonzalez, Chapter 7 Represented By
2:00 PM
Trustee(s):
Michael F Frank
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:16-01517 Rosendo Gonzalez, Chapter 7 Trustee v. Law Offices of Lior Sadgan, A
fr. 1-24-17, 1-10-17, 4-25-17, 8-15-17
Docket 1
NONE LISTED -
4/3/17 -- Court approved stipulation continuing hearing to May 9, 2017 at 2:00
p.m. OFF CALENDAR FOR APRIL 25, 2017.
Tentative Ruling for January 19, 2018:
Revisit status of action after conclusion of hearings on related matters.
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
Defendant(s):
Law Offices of Lior Sadgan, A Represented By Raymond H. Aver
Lior Sadgan Represented By
Raymond H. Aver
David Sadgan Represented By Raymond H. Aver
2:00 PM
Elana Sadgan Represented By Raymond H. Aver
David Sadgan and Elana Sadgan as Represented By
Raymond H. Aver
Plaintiff(s):
Rosendo Gonzalez, Chapter 7 Represented By Michael F Frank
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
Requests for Production of Documents [Set One] Propounded on Defendants Ultra Chem Industries, Ltd., John Ten Fong Shieh, Caroline Su Kyu Shieh, Benjamin Shieh, Patricia Shieh Armijo and Cesar Castro
Request for Production of Documents [Set Two] on Defendant Ultra Chem Labs, Corp.
Docket 68
NONE LISTED -
Grant motion. Impose sanctions on defendant for the cost of bringing this motion. Continue hearing to give movant's counsel an opportunity to file supplemental declaration setting forth amount of fees and costs incurred.
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By Amid Bahadori
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By Amid Bahadori
Caroline Su Kyu Shieh Represented By
2:00 PM
Amid Bahadori
Christopher Shieh Represented By Joseph D Huser Amid Bahadori
Benjamin Shieh Represented By Joseph D Huser Amid Bahadori
Patricia Shieh Armijo Represented By Joseph D Huser Amid Bahadori
Cesar Fernando Castro Represented By Joseph D Huser Amid Bahadori
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
2:00 PM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
Docket 64
NONE LISTED -
Grant motion. Impose sanctions on defendant for the cost of bringing this motion. Continue hearing to give movant's counsel an opportunity to file supplemental declaration setting forth amount of fees and costs incurred.
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By Amid Bahadori
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By Amid Bahadori
Caroline Su Kyu Shieh Represented By Amid Bahadori
Christopher Shieh Represented By Joseph D Huser Amid Bahadori
Benjamin Shieh Represented By
2:00 PM
Joseph D Huser Amid Bahadori
Patricia Shieh Armijo Represented By Joseph D Huser Amid Bahadori
Cesar Fernando Castro Represented By Joseph D Huser Amid Bahadori
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
2:00 PM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
fr. 1-31-17, 3-28-17, 4-11-17, 6-6-17, 9-12-17, 12-19-17
Docket 1
NONE LISTED -
1/18/2017 -- Court approved stipulation continuing defendant's response date to March 20, 2017 and continuing status conference to March 28, 2017 at
2:00 p.m. OFF CALENDAR FOR JANUARY 31, 2017.
Tentative Ruling for March 28, 2017:
Continue status conference to April 11, 2017 at 2:00 p.m. to be heard concurrently with motion to dismis. OFF CALENDAR FOR MARCH 28, 2017.
Tentative Ruling for April 11, 2017:
Set deadline for defendants to file an answer to the existing complaint. Continue status conference approximately 60 to 90 days.
Final Ruling for April 11, 2017:
Continue status conference to June 6, 2017 at 2:00 p.m. Parties will file a
2:00 PM
joint status report by May 23, 2017. Defendant must file and serve an answer to complaint by May 12, 2017.
Tentative Ruling for June 6, 2017:
According to the status report, defendant plans to bring a motion for summary judgment/partial summary adjudication of issues? Would this motion raise the same arguments that were advanced in the motion to dismiss that the court previously denied, offering the following tentative ruling:
Deny motion. The only assets that were sold to John Shieh were the specific assets identified on Exhibit A to the motion and the order granting the motion. No avoiding power claims were sold. Neither were any of the assets that the trustee alleges in the complaint were fraudulently transferred. The good faith finding relates only to the specific transaction that was the subject of the motion. The trustee never requested -- and the court never made -- a finding that the defendants had acted in good faith in connection with any other events or transactions.
There is no statute of limitations problem. The trustee is not attempting to set aside the sale. He is attempting to prosecute an avoiding power action and may file such an action before the later of 2 years after the entry of the order for relief or 1 year after the appointment of the trustee. The case was filed on January 29, 2015. This adversary proceeding was filed on November 30, 2016. That is well within two years after the commencement of the case.
Order parties to complete a day of mediation prior to date of continued status conference.
6/13/17 -- Court approved scheduling order setting following dates:
Cont'd status conference -- September 12, 2017 at 2:00 pm L/D to file joint status report -- August 29, 2017
L/D to complete discovery -- October 31, 2017 L/D to complete mediation -- September 12, 2017
L/D to lodge order appointing mediators -- June 30, 2017
2:00 PM
7/5/17 -- Court signed order appointing mediators.
Tentative Ruling for September 12, 2017:
According to status report, parties were scheduled to attend mediation before Jason Wallach on September 6. Did the mediation go forward on that date? Were they able to resolve this matter? Hearing required.
9/14/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- December 19, 2017 at 2:00 p.m.
L/D to file joint status report -- December 5, 2017 L/D to complete discovery -- December 29, 2017
Tentative Ruling for December 19, 2017:
The parties report having participated in mediation with Jason Wallach on September 6, 2017, yet they ask in the status report that the matter be sent to mediation. What are they requesting at this point? Did the parties want to utilize the services of another mediator or to return to Mr. Wallach? Have they discussed with him whether he would charge for the continued mediation?
Are the parties on track to complete their discovery by December 29? Hearing required.
12/20/17 -- Court signed scheduling order continuing status conference to January 9, 2018 at 2:00 p.m., waiving the requirement of a joint status report for that conference and extending the discovery cutoff to March 31, 2018.
Tentative Ruling for January 9, 2018:
Revisit status of action after conclusion of related matters on calendar.
2:00 PM
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By Amid Bahadori
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By Amid Bahadori
Caroline Su Kyu Shieh Represented By Amid Bahadori
Christopher Shieh Represented By Joseph D Huser Amid Bahadori
Benjamin Shieh Represented By Joseph D Huser Amid Bahadori
Patricia Shieh Armijo Represented By Joseph D Huser Amid Bahadori
Cesar Fernando Castro Represented By Joseph D Huser Amid Bahadori
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By
2:00 PM
Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
fr. 11-14-17
Docket 28
NONE LISTED -
Tentative Ruling for November 14, 2017:
Lynn Wolcott, Julie Taberdo and TD Foreclosure Services seek to set aside their default. Lynn Wolcott asserts in her declaration that she was gravely ill at the time an answer would have been due, but where is there any explanation in the papers of why TD Foreclosure Services did not respond to the complaint in a timely manner or even request an extension? Julie Taberdo claims that she assumed that TD would respond to the complaint, but the declaration does not say that she was ever told this would be the case or that she ever even asked whether TD would be responding to the complaint on her behalf. How does this constitute a showing of excusable neglect? Hearing required.
Final Ruling for November 14, 2017:
Where is the evidence of a good faith defense? There is no declaration from TD foreclosure. The judgment was already a year old. Continue hearing to January 9, 2018 at 2:00 p.m. Any supplemental declarations in support or, or in opposition to, the motion must be filed and served by December 15, 2017. Any responses to these declarations must be filed by December 29, 2017.
Tentative Ruling for January 9, 2018:
Grant motion insofar as it relates to Julie Taberdo. Deny balance of motion.
2:00 PM
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth
Alexandre Oh Represented By
Andrew Edward Smyth
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
Andrew Edward Smyth
Movant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
2:00 PM
Plaintiff(s):
Edward M Wolkowitz Represented By Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
Docket 58
NONE LISTED -
Defendants seem confused as to what has and has not already been decided. This Court has previously ruled that the trustee did not transfer the avoiding power claims when he transferred the property. This ruling was not reversed on appeal. The Court also found that the grant and recordation of the deeds of trust against the real property was an actual fraud fraudulent transfer. That finding was not disturbed on appeal. Therefore, this Court does have jurisdiction to adjudicate the trustee's fraudulent transfer claims, and the trustee does have standing to pursue monetary claims attributable to these fraudulent transfers. However, the trustee lacks standing to avoid the liens themselves since the estate no longer owns the real property and does not have standing to prosecute claims that can only be brought by lienholders or property owners. (But the fact that the property is no longer an asset of the estate has no bearing on whether or not this court has jurisdiction to adjudicate monetary claims.)
As the court has previously discussed, it does not appear on these facts that there is any basis upon which the trustee can claim to be a holder in due course of the deeds of trust. Even if the underlying notes were bearer instruments, the trustee never took possession of them, and there never was a written assignment. Under what theory could the trustee ever be a holder in due course of the notes? And, therefore, unless the Court is missing something, it is unclear how the trustee could have been harmed by the botched foreclosures of these deeds of trust. If the trustee was not the holder of the deeds of trust, how could the failure to foreclose in the right order or the failure to turn over the proceeds to the holders of the liens have resulted in damage to the trustee? It seems as though the only damage the trustee
2:00 PM
could have sustained was the fact that the sale price for the property was diminished because the (avoidable) liens were recorded against the property. Accordingly, grant motion insofar as it seeks dismissal of claims for wrongful foreclosure, conversion and declaratory relief as against TD Foreclosure, Wolcott and Taberdo without leave to amend. Grant motion with leave to amend as to balance of claims against Kim, Oh and Hooshim to permit trustee to clean up allegations to assert only claims that the trustee has standing to pursue.
NOTE 1: The appellate court, in what this court believes is dictum, was of the view that it was too late for the trustee to assert a damage claim. Therefore, the parties should brief this issue if and when it is raised by the defendant in a motion to dismiss the further amended complaint or in a motion for summary adjudication of that issue.
NOTE 2: In light of the foregoing ruling, it seems appropriate to delcare the trustee's compromise with GM Inland Properties to be dead. The condition precedent to the effectiveness of that compromise -- that GM receive a release from Oh and Hooshim to avoid the risk of "double payment" -- will never be satisfied.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth
2:00 PM
Alexandre Oh Represented By
Andrew Edward Smyth
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
Andrew Edward Smyth
Plaintiff(s):
Edward M Wolkowitz Represented By Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
fr. 7-25-17, 11-14-17, 11-28-17
Docket 1
6/27/17 - Request for entry of default against Julie Taberdo 6/27/17 - Request for entry of default against Lynn Wolcott
6/27/17 - Request for entry of default against TD Foreclosure Services, Inc.
Defaults have been entered as against Lynn Wolcott, Julie Taberdo and TD Foreclosure Services.
The trustee is of the opinion that there are legal issues that can be resolved through a motion for partial summary adjudication. Set deadline for the filing of such motions and continue status conference to a date that can serve as a date for hearing on those motions.
9/20/17 -- Court approved scheduling order continuing status conference to November 14, 2017 at 2:00 p.m., ordering parties to file a joint status report not later than Octoer 31, 2017, ordering trustee to file and serve his motion for partial summary judgment against GB Inland Properties not later than
2:00 PM
September 26, 2017 and set it for hearing on November 14, 2017 at 2:00
p.m. and directing that any motion to vacate a default be filed not later than September 26, 2017 and set for hearing on or before November 14, 2017 at 2:00 p.m.
Tentative Ruling for November 14, 2017:
Why didn't the trustee comply with the court's directive to file his motion for partial summary judgment in time to have it heard on November 14, 2017? That motion is currently set for November 28, 2017.
Revisit status of action after conclusion of related matter on calendar. Tentative Ruling for November 28, 2017:
Revisit status of action after conclusion of related matter on calendar.
Tentative Ruling for January 9, 2018:
Set deadline for filing amended complaint and deadline for filing response to complaint.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth
2:00 PM
Alexandre Oh Represented By
Andrew Edward Smyth
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
Andrew Edward Smyth
Plaintiff(s):
Edward M Wolkowitz Represented By Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
10:00 AM
Docket 5
NONE LISTED -
Dismiss case.
Debtor(s):
David Bray Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 3
1/9/18 - Marcia Guzman, 213)347-4529, has been approved for telephonic appearance on 1/10/18 @ 10am
Is the petitioning creditor even a creditor? The response filed talks about the petitioning creditor having invested in the debtor. What do the supporting documents say with regard to this investment? Hearing required.
Debtor(s):
795 Fairfield Circle LLC Pro Se
10:00 AM
Docket 6
1/9/18 - Marcia Guzman, 213)347-4529, has been approved for telephonic appearance on 1/10/18 @ 10am
Movant has not established any basis for an in camera hearing on this motion. Grant motion.
Debtor(s):
795 Fairfield Circle LLC Pro Se
10:00 AM
Docket 7
1/9/18 - Marcia Guzman, 213)347-4529, has been approved for telephonic appearance on 1/10/18 @ 10am
GRANT.
Debtor(s):
795 Fairfield Circle LLC Pro Se
Movant(s):
Kathleen M Thompson Represented By Marcia Guzman
10:00 AM
Finding Mervyn Vanderputt in Comtempt of Discharge injunction
For Compensatory and Punitive Damages for Continuous, Knowing and Willful Violation of Debtors' Discharge Injunction Pursuant to 11 U.S.C. §§105 (a); 524(a) (1)(2) (c); & 727 ET SEQ.,
Docket 72
- NONE LISTED -
Continue hearing to give movant an opportunity to file a motion to reopen case. (No fee is required for this type of motion.) The event code that movant should use is "Reopen BK Case for Violation of Discharge Injunction under 11 U.S.C. Sec. 524 (Ch 7)-No Fee (motion)."
Debtor(s):
Sunil F De Silva Represented By
Cheryl L Christopher Todd J Roberts
Joint Debtor(s):
Janesri W De Silva Represented By
Cheryl L Christopher Todd J Roberts
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Docket 38
12/27/17 - Notice of hearing returned from the U.S. Postal Service as "Return to Sender, Attempted - Not Known- Unable to forward" for Seth Hicks and Richard Greene.
Motion has several problems. Service is problematic. Notices court served on Richard Greene and Seth Hicks came back as undeliverable. Movant should attempt to locate current addresses for these parties. (State Bar website shows following address for Greene Fidler & Chaplan LLP -- 2719 Wilshire Blvd., Ste. 200, Santa Monica, CA 90403-4705. The firm name no longer has Hicks in the title. The state bar website lists a Seth Hicks with an address in Austin Texas who became inactive in California in 2011.)
Motion does not contain any evidence to support contention as to balance of first deed of trust and does not contain a declaration explaining how debtor arrived at a valuation based on the comparables.
Hearing required.
Debtor(s):
William Dickey Represented By Daniel J Yee
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 26
- NONE LISTED -
Grant motion. Waive appearances. Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
Genara Jade Uriarte Represented By Steven B Lever
Joint Debtor(s):
Miguel C. Uriarte Represented By Steven B Lever
Trustee(s):
Timothy Yoo (TR) Represented By Eric P Israel Aaron E de Leest
10:00 AM
Docket 19
- NONE LISTED -
Grant motion. Waive appearances. Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
Luis F Chavez Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 11
- NONE LISTED -
Respondent denies having agreed to accept or to have received compensation for services performed for the debtor. If she did not receive compensation, she would not be a bankruptcy petition preparer. Debtor's declaration states that he paid respondent $200 for her services. A later declaration explains that he only said this because he believed his mother had paid respondent her $200 fee.
Set evidentiary hearing at date and time that debtor, respondent and debtor's mother can be present for live examination.
Debtor(s):
Oliver Jr Jimenez Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 368
1/9/18 - Johnny White, (310)293-4522, has been approved for telephonic appearance on 1/10/18 @ 10am
Grant motion. Court agrees that Mr. Bastian's service as a mediator in adversary proceedings against Fox in the Star News and Victory Lofts cases does not and cannot constitute the representation of an adverse interest and Mr. Bastian was and is already under an independent duty to maintain the confidentiality of any information that he may have acquired through conducting that mediation. Further, the firm has agreed that Mr. Bastian will not be involved in the representation of the trustee in this matter.
There is no contested matter pending as to which the proposed discovery relates. The term "contested matter" refers to an actual pending motion or adversary proceeding. There is nothing on the court's calendar or on the docket in this bankruptcy case that constitutes a contested matter. The trustee's counsel filed a supplemental disclosure. No motion has been filed or is pending with regard to that disclosure. Court agrees that there is no proper purpose for the conduct of this discovery other than to harrass/extort the trustee and her professionals.
Enter protective order and continue hearing to give trustee an opportunity to submit declaration setting forth fees and expenses attributable to bringing, briefing and attending hearings on this motion and matter no. 11 on calendar (which is no more than an opposition to this motion).
Debtor(s):
Gerson Irving Fox Represented By
10:00 AM
Trustee(s):
David B Golubchik Michael D Dempsey
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
10:00 AM
Docket 373
1/9/18 - Johnny White, (310)293-4522, has been approved for telephonic appearance on 1/10/18 @ 10am
Deny motion. Movant opposes the motion on calendar as matter no. 10. An opposition to that motion is sufficient. A motion to strike is inappropriate and redundant. Trustee has adequately documented efforts to meet and confer before bringing this motion. Counsel for trustee may include costs incurred in responding to this motion in its calculations as to the amount of fees that may be recovered on matter no. 10.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
10:00 AM
Docket 259
- NONE LISTED -
If the debtor succeeds in confirming a plan that pays unsecured creditors in full, any distribution that the debtor may want to make to Bank of American will not adversely affect any other creditor. However, debtor has not yet confirmed such a plan and, in the interim, court agrees that the proposed settlement appears rather generous to Bank of America in light of its failure to file a timely proof of claim. As the parties contemplate that the claim will be paid over time under the debtor's plan, there does not appear to be any urgency to the court's approving the compromise now rather than later.
Continue hearing to permit compromise to be considered concurrently with confirmation of the debtor's plan.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
11:00 AM
fr 6-8-16, 9-14-16, 9-20-16, 10-13-16, 11-30-16, 1-11-17, 3-29-17, 5-3-17, 7-5-
17, 12-13-17
Docket 1
- NONE LISTED -
See tentative ruling for matter no. 6.
6/9/16 -- Court signed scheduling order setting following dates: L/D to serve bar date notice -- June 10, 2016
Bar date -- August 15, 2016
Cont'd status conference -- September 14, 2016 at 11:00 a.m. L/D to file updated status report -- September 1, 2016
Tentative Ruling for September 14, 2016:
Continue case status conference to September 20, 2016 at 10:00 a.m. to be heard concurrently with continued hearing on motion for relief from stay.
Tentative Ruling for January 11, 2017:
Revisit status of case after conclusion of hearing on disclosure statement. 3/8/17 -- Court approved stipulation continuing hearing to May 3, 2017 at 2:00
p.m. OFF CALENDAR FOR MARCH 29, 2017.
Tentative Ruling for July 5, 2017:
11:00 AM
If Court continues confirmation hearing, continue status conference to coincide with date of continued confirmation hearing.
Tentative Ruling for December 13, 2017:
According to status report, reorganized debtor is approximately one month behind on plan payments, but arrearage will be cured from commissions that debtor expects to receive from escrow scheduled to close on or about December 22, 2017. Continue status conference to January 10, 2018 at 11:00 a.m. Reorganized debtor should file updated status report not later than January 3, 2018. APPEARANCES WAIVED ON DECEMBER 13, 2017.
Tentative Ruling for January 10, 2018:
Counsel is urged to recall that documents filed less than 14 days prior to a hearing should not be served on the judge's chambers by U.S. Mail. Some more expedited method of delivery is required. (If documents do not arrive in time for them to be included in the package of documents assembled by the judge's staff, the judge herself ends up spending her time printing documents instead of preparing her calendar.)
Court has reviewed debtor's status report. Continue case status conference to June 13, 2018 at 11:00 a.m. Reorganized debtor should file updated status report not later than January 1, 2018 is final decree has not been entered by then. APPEARANCES WAIVED ON JANUARY 10, 2018.
Debtor(s):
Kevin Deshone Booker Represented By
M Jonathan Hayes
11:00 AM
fr. 4-15-15, 5-11-16, 11-9-16, 5-24-17
Docket 174
1/5/18 - Douglas Neistat, (818)382-6200, has been approved for telephonic appearance on 1/109/18 @ 11am
Relief from stay has already been granted to permit the parties to resolve their respective disputes in state court. Continue hearing on claim objection along with case status conferences as parties move forward with state court litigation.
5/9/16 -- Court approved stipulation continuing hearing to November 9, 2016 at 11:00 a.m. OFF CALENDAR FOR MAY 11, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for November 9, 2016:
Continue status conference on objection and case status conference to May 24, 2017 at 11:00 a.m. Reorganized debtor should file updated status report not later than May 15, 2017. Appearances waived on November 9, 2016.
Tentative Ruling for May 24, 2017:
Court did not receive service copy of status report (which was due on May 15, but filed on May 18, 2017). Perhaps that is because it was addressed to the bin outside of Suite 1482, which does not exist anymore. Judge Bluebond is now in Suite 1534.
Counsel for the reorganized debtor states on page 3, at lines 21-22 of the
11:00 AM
report, "Trial is set for September 11, 2017, the trial is not expected to be continued." Yet attached to the status report is a copy of a stipulation to amend the case management order in which the parties request that the trial date be continued from September 11, 2017 to January 29, 2018 at 9:00 a.m. Perhaps counsel is trying to say that he does not believe the state court will grant the parties' mutual request for a continuance of the trial date?
Court is now confused. When do the parties actually anticipate that trial of the state court action is likely to occur? Hearing required.
Final Ruling for May 24, 2017:
Continue status conference to January 10, 2018 at 11:00 a.m.
Tentative Ruling for January 10, 2018:
Court has reviewed the reorganized debtor's (belated) status report. Continue status conference to July 18, 2018 at 11:00 a.m. APPEARANCES WAIVED ON JANUARY 10, 2018.
Debtor(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
Movant(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
11:00 AM
fr. 7-30-14, 8-20-14, 11-19-14, 1-21-15, 4-15-15, 10-14-15, 4-13-16, 11-9-16, 5-
24-17
Docket 1
1/5/18 - Douglas Neistat, (818)382-6200, has been approved for telephonic appearance on 1/109/18 @ 11am
6/18/14 -- At hearing held this date, Court continued case status conference to August 20, 2014 at 11:00 a.m. Debtor should file status report not later than August 6, 2014. OFF CALENDAR FOR JULY 30, 2014. NO APPEARANCE REQUIRED.
Tentative Ruling for August 20, 2014:
Debtor has withdrawn its request for authority to use cash collateral. If debtor has no ongoing operations and will not have any employees, should this case be converted to chapter 7? Hearing required.
8/26/14 -- Court signed scheduling order setting following dates: L/D to serve notice of bar date -- September 1, 2014
Bar date -- November 30, 2014
Cont'd status conference -- November 19, 2014 at 11:00 L/D to file updated status report -- November 10, 2014
Tentative Ruling for November 19, 2014:
Set deadline for filing plan and continue case status conference to date that can serve as hearing on disclosure statement.
11/25/14 -- Court signed order setting following dates:
11:00 AM
L/D to file plan and disclosure statement -- December 15, 2014 Hearing on disclosure statement -- January 21, 2015 at 2:00 p.m. Cont'd status conference -- January 21, 2015 at 2:00 p.m.
Tentative Ruling for January 21, 2015:
If court approves disclosure statement, continue status conference to date of confirmation hearing. If court continues hearing on disclosure statement, continue case status conference to same date.
Tentative Ruling for April 15, 2015:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for October 14, 2015:
Court has reviewed reorganized debtor's status report. Continue status conference to April 13, 2016 at 11:00 a.m. Reorganized debtor should file updated status report not later than April 4, 2015.
Tentative Ruling for April 13, 2016:
Court has reviewed reorganized debtor's status report. Continue status conference to November 9, 2016 at 11:00 a.m. Reorganized debtor should file updated status report not later than October 31, 2016.
Tentative Ruling for November 9, 2016:
Continue status conference on objection and case status conference to May 24, 2017 at 11:00 a.m. Reorganized debtor should file updated status report not later than May 15, 2017. Appearances waived on November 9, 2016.
Tentative Ruling for May 24, 2017:
Continue case management conference to same date and time as continued
11:00 AM
hearing on claim objection.
Final Ruling for May 24, 2017:
Continue status conference to January 10, 2018 at 11:00 a.m. Reorganized debtor should file and serve updated status report not later than December 22, 2017.
Tentative Ruling for January 10, 2018:
Court has reviewed the reorganized debtor's (belated) status report.
Continue case status conference to July 18, 2018 at 11:00 a.m. Reorganized debtor should file updated status report not later than July 6, 2018.
APPEARANCES WAIVED ON JANUARY 10, 2018.
Debtor(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
Movant(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
11:00 AM
Docket 205
- NONE LISTED -
Sustain objection. Disallow proof of claim in full. Movant should file order consistent with tentative ruling. APPEARANCES WAIVED.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
11:00 AM
fr. 9-28-16, 1-11-17, 1-24-17, 3-29-17, 6-7-17, 8-15-17, 9-7-17, 11-29-17
Docket 1
- NONE LISTED -
Set bar date and deadline for serving notice of bar date. Continue case status conference for approximately 30 days.
10/4/16 -- Court signed order setting following dates:
L/D to serve notice of bar date -- October 5, 2016 Bar date -- November 18, 2016
Cont'd case status conference -- January 11, 2017 at 11:00 a.m.
L/D to file updated status report -- December 23, 2016 Tentative Ruling for January 11, 2017:
Continue case status conference to January 24, 2017 at 2:00 p.m. to be heard concurrently with related litigation. APPEARANCES WAIVED ON JANUARY 11, 2017. (Debtor need not file updated status report for January 24 status conference.)
Tentative Ruling for January 24, 2017:
Discuss with debtor whetheri it is possible for it to propose and confirm a plan of reorganization prior to the resolution of the pending litigation. Hearing required.
Tentative Ruling for March 29, 2017:
11:00 AM
What, if anything, has transpired since last status conference? Are there continuing business operations, and, if so, how is the debtor's business doing? Hearing required.
Tentative Ruling for June 7, 2017:
Court waived the requirement that an updated status report be filed. What, if anything, has transpired since the last status conference? Hearing required.
Tentative Ruling for August 15, 2017:
Court granted unilateral motion for a continuance and continued hearing on Anti-SLAPP motion to September 7, 2017 at 10:00 a.m. Continue case status conference to same date and time so that it may be heard concurrently with adversary proceeding. OFF CALENDAR FOR AUGUST 15, 2017.
Tentative Ruling for September 7, 2017:
Revisit status of case after conclusion of hearing on related matters.
Tentative Ruling for January 10, 2018:
The court waived the requirement that an updated status report be filed. What is the status of this matter? What, if anything, has happened since last status conference? When will the debtor be in a position to propose a chapter 11 plan? Hearing required.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen
11:00 AM
Adv#: 2:16-01349 Lite Solar Corp. v. KAMANA O'KALA, LLC et al
fr. 10-4-16, 1-24-17, 3-29-17, 6-7-17, 8-15-17, 9-7-17, 11-29-17
Docket 1
- NONE LISTED -
Final Ruling from October 4, 2016:
Set discovery cutoff of March 1, 2017. Continue status conference to January 24, 2017 at 2:00 p.m. Parties are to file joint status report by January 10, 2017.
Tentative Ruling for January 24, 2017:
Have discovery responses been received? Has the Oregon district court ruled on the transfer and remand motions?
Hearing required.
1/25/17 -- Court signed scheduling order continuing discovery cutoff to April 17, 2017.
3/16/17 -- Court signed scheduling order continuing discovery cutoff to May 31, 2017.
Tentative Ruling for March 29, 2017:
Discuss with parties what should become of this litigation if the district court accepts the recommendation of the magistrate judge and remands the related
11:00 AM
litigation to Oregon state court?
5/3/17 -- Court approved stipulation continuing hearing to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 7, 2017:
What is the status of this matter? What progress has been made toward consolidating the various pending actions among the parties?
8/3/17 -- Court granted unilateral motion for a continuance and continued hearing on Anti-SLAPP motion to September 7, 2017 at 10:00 a.m. Court continued status conference to same date and time in that order. OFF CALENDAR FOR AUGUST 15, 2017.
8/4/17 -- Court approved stipulation extending discovery cutoff to October 31, 2017.
Tentative Ruling for September 7, 2017:
Revisit status of case after conclusion of hearing on related matters.
11/1/17 -- Court granted ex parte motion continuing discovery cutoff to January 1, 2018.
Tentative Ruling for November 29, 2017:
What, if anything, has transpired since the last status conference? Is defendant Schellerup still in bankruptcy? Hearing required.
Tentative Ruling for January 10, 2018:
The court waived the requirement that an updated status report be filed. What is the status of this matter? What, if anything, has happened since last status conference? Hearing required.
11:00 AM
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen
Defendant(s):
KAMANA O'KALA, LLC Represented By Paul B George
SreeVamshi C Reddy
Patrick Schellerup Represented By Paul B George
SreeVamshi C Reddy
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
11:00 AM | ||
2:16-13852 | East Coast Foods, Inc. | |
#106.00 | Omnibus Motion for Order Claim No. | Disallowing Proof of Claims Claimant: |
11 | Rochelle J. Shonley | |
30 | Dietrich Lacey | |
31 | Dorothy Lacey | |
38 | DV Marketing | |
fr. 11-1-17, 11-15-17 | ||
Docket | 738 |
10/25/17 - Withdrawal of Claim no. 11(Rochelle J. Shonley) filed.
1/3/18 - Zev Shechtman, (310)277-0077, has been approved for telephonic appearanceon 1/10/18 @ 11am
Tentative Ruling for November 1, 2017:
Claim 11-1, Rochelle Shonley has been withdrawn. Sustain objection in its entirety (or permit trustee to withdraw it as moot).
Claims 30-1 and 31-1, Dietrich Lacey and Dorothy Lacey. Sustain objections. Claimants have attached judgments against Roscoe's House of Chicken and Waffles, but correspondence and declarations reflect that the basis of the claim is that the Laceys received food poisoning at the Long Beach location, which has never been owned or operated by this debtor. The Superior Court found that Shoreline foods owns and operates the location at which the claimants received food poisoning. There is no evidence to suggest, and
11:00 AM
claimants have not provided any evidence to suggest, that the debtor has any liability for this claim.
Claim 38-1 -- DV Marketing. What do the debtor's books and records show with regard to amounts due DV Marketing? Does the trustee believe that the debtor paid the monthly consulting fee to the claimant for the period in question? Does the trustee contend that the debtor did not agree to pay the monthly retainer fee? What more is the trustee looking for from this claimant? Hearing required.
Final Ruling for November 1, 2017:
Granted in part and continued in part. Trustee will withdraw objection to claim 11-1 as moot. Sustain objections to claims 30-1 and 31-1. Continue hearing to November 15, 2017 at 10:00 a.m. with regard to claim no. 38-1. (Court entered order memorializing this on November 8, 2017.)
Tentative Ruling for January 10, 2018:
What, if any, progress has been made toward the resolution of the objection to claim no. 38-1? Hearing required.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
11:00 AM
Athens Services
California Farms, LLC 4). California Fire Exhaust 5). Charlie's Fixtures, Inc. 6). City of Pasadena
7). Dickerson Employee Benefits 8). Dura-Clean, Inc.
LADWP
Mercury Casualty Company 11). Myscribble, LLC
Quality Waste Services
Sergio Borgognone
Terminix Commercial 15). West Central Produce 16). Wholesum Breads
fr. 10-31-17, 12-6-17
Docket 743
11:00 AM
1/3/18 - Zev Shechtman, (310)277-0077, has been approved for telephonic appearanceon 1/10/18 @ 11am
Sustain objections and disallow claims in their entirety, subject to the following exceptions:
Dura Clean -- allow as a general unsecured claim for $610.83
Sergio Borgognone -- has the trustee received any additional documents from claimant? Hearing required.
12/4/17 -- Court approved stipulation continuing hearing to January 10, 2018 at 11:00 a.m. OFF CALENDAR FOR DECEMBER 6, 2017.
Tentative Ruling for January 10, 2018:
What, if any, progress has been made toward the resolution of the remaining objections to claim? Hearing required.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
2:00 PM
fr 5-11-16, 6-7-16, 7-21-16, 7-27-16, 9-28-16, 10-18-16, 11-29-16, 12-7-16, 3-8-
17, 6-14-17, 7-11-17, 7-26-17, 8-15-17, 10-18-17
Docket 1
- NONE LISTED -
Docket reflects service of notice of bar date, which is good, but where is the order actually establishing the bar date that is necessary in a chapter 11 case and that was expressly requested by the Court? When will the debtor be in a position to formulate a chapter 11 plan?
Has the debtor given any additional thought to retaining a responsible officer or other disinterested person?
Hearing required.
6/7/16 -- Court approved order setting following dates: Bar date -- July 15, 2016
L/D to serve notice of bar date -- May 13, 2016 L/D to file plan -- September 30, 2016
Cont'd status conference -- June 7, 2016 at 3:00 p.m.
Tentative Ruling for July 21, 2016:
Where is the case status report that should have been filed by July 8, 2016?
7/20/16 -- At hearing held this date, Court heard status conference, as all parties were present and continued status conference to July 27, 2016 at
2:00 PM
10:00 as a holding date (no status report required for this one status conference). Court will set further continued status conference at that time. OFF CALENDAR FOR JULY 21, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for July 27, 2016:
Continue case status conference to same date as a future hearing in this chapter 11 case, perhaps the date for the hearing on the examiner's report. Set deadline for filing of updated status report.
Tentative Ruling for September 28, 2016:
Discuss with parties disturbing report from examiner and failure to debtor to adequately address in its response many issues raised by the examiner, any one of which taken alone could be sufficient to warrant the appointment of a trustee.
Tentative Ruling for October 19, 2016:
What has transpired since the trustee was appointed? Where does the trustee see this case going? Hearing required.
11/28/16 -- Court approved stipulation continuing hearing to December 7, 2016 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 30, 2016. NO
APPEARANCE REQUIRED.Hearing required.
Tentative Ruling for December 7, 2016:
What is the status of the trustee's administration of this case? Hearing required.
Tentative Ruling for March 8, 2017:
The case status conference does not mention any investigation or analysis by the trustee of any possible substantive consolidation issues. Has the trustee commenced or concluded such an analysis? Does the trustee have a sense
2:00 PM
yet as to whether he is likely to proceed with a sale of the company as distinguished from an internal reorganization? Hearing required.
Tentative Ruling for June 14, 2017:
Continue case status conference to July 11, 2017 at 2:00 p.m. to be held concurrently with trustee's motion for summary judgment in the IP adversary proceeding. Trustee need not file new case status report in connection with that status conference.
APPEARANCES WAIVED ON JUNE 14, 2017.
Tentative Ruling for July 26, 2017:
Revisit status of case after conclusion of hearing on trustee's motion for summary judgment.
Tentative Ruling for August 16, 2017:
Court waived the requirement that the trustee file an updated status report in connection with this status conference and set this date as a holding date.
Are there any upcoming hearings scheduled in this chapter 11 case?
Final Ruling for August 16, 2017:
Continue status conference to October 18, 2017 at 2:00 p.m. Updated status report should be served and filed not later than October 6, 2017.
Tentative Ruling for October 18, 2017:
Continue case status conference to January 10, 2018 at 2:00 p.m.
Disclosure statement should be noticed for same date and time, provided it is filed and served not less than 42 days before this date. Waive requirement of updated status report. APPEARANCES WAIVED ON OCTOBER 18, 2017.
1/9/18 -- Court approved stipulation continuing status conference to February 14, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 10, 2018.
2:00 PM
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
2:00 PM
Docket 1
- NONE LISTED -
Tentative Ruling for October 18, 2017:
Based on the court's review of the debtor's status report, it appears that the debtor does not currently have any operations. Much of the report is difficult to comprehend, as, for example, the following sentence:
"With the effective closure of new possibilities to open a similar educational institute in the area, debtor stands as a unique investment opportunity for merger with other educational institute or educators to set up an instititute without making the investment in money and time at a higher scale than to rescue the debtor."
Debtor also reports that it currently owes $1.6M in taxes, $1M to its employees, $.8M to its landlord, with a $.6M security deposit) and institutional private lenders of $4M. It is difficult to see why it would be a better investment for someone to rescue the debtor than to start from scratch.
Convert case to chapter 7. (Court cannot do this as debtor is a nonprofit entity.)
10/20/17 -- Court approved scheduling order setting following dates:
L/D to serve notice of bar date -- October 30, 2017
Bar date (for prepetition claims held by everyone but current students) -- December 22, 2017
2:00 PM
Cont'd status conference -- December 6, 2017 at 11:00 a.m.
Debtor is not required to file a status report in connection with this conference
Tentative Ruling for December 6, 2017:
Revisit status of case after conclusion of related matter on calendar.
Tentative Ruling for January 10, 2018:
Court did not require the trustee to file a written status report, but what is the status of this matter? What is the trustee's "game plan"? Was the trustee able to figure out what to do with the school's nursing students and its foreign students? Hearing required.
Debtor(s):
Shepherd University Represented By Jaenam J Coe
2:00 PM
#202.00 Motion for:
For Non-Material Modifications To Debtor’s Chapter 11 Plan;
To Confirm Debtor’s Plan As Modified
Docket 94
1/3/18 - Dane Exnowski, (562) 661-5060 has been approved for telephonic appearanceon 1/10/18 @ 2pm
At the confirmation hearing held October 31, 2017, the Court held that,
the plan cannot be confirmed in that it is not "fair and equitable" to class 6 within the meaning of section 1129(b)(2)(B). Unsecured creditors are not being paid in full (they are receiving a 5 percent distribution) and there is a junior class, the debtor, who is receiving/retaining value under the plan other than merely her post-petition income, namely, title to her real property. This violates the "absolute priority rule" and the debtor is not making a new value contribution.
By way of this motion, the debtor seeks to modify the plan to provide for payment in full of the Class 6(b) general unsecured claims in 60 monthly installments beginning on the effective date of the plan. Debtor proposes to pay $249.71 per month under the amended plan for a total of 60 months, which totals $14,982.60; however, the total amount of class 6(b) claims specified in the plan is $14,982.43. Therefore, the debtor is proposing to pay these claims over a 5 year period without interest. This is not payment in full. Section 1129(b) requires with regard to a class of unsecured claims when a junior class is retaining equity under the plan that holders receive "property of a value, as of the effective date of the plan," equal to the allowed amount of such claim. This means that debtor must pay interest on such claims at a
2:00 PM
market rate such that the present value of the payment stream is equal to the allowed amount of the claim.
Grant motion if debtor is prepared to add interest at a market rate on the class 6(b) claims and if this additional payment will not cause the plan to be infeasible.
Debtor(s):
Norma Aqui Represented By
Onyinye N Anyama
2:00 PM
Docket 81
1/3/18 - Dane Exnowski, (562) 661-5060 has been approved for telephonic appearanceon 1/10/18 @ 2pm
Tentative Ruling for October 31, 2017:
There are two classes entitled to vote: Class 5(b) and Class 6(b). Class 5(b) voted to accept the plan. No one in Class 6(b) voted. Therefore, the plan can be confirmed, if at all, under section 1129(b) with regard to Class 6(b).
There is an impaired consenting class, so that requirement is satisfied, but the plan cannot be confirmed in that it is not "fair and equitable" to class 6 within the meaning of section 1129(b)(2)(B). Unsecured creditors are not being paid in full (they are receiving a 5 percent distribution) and there is a junior class, the debtor, who is receiving/retaining value under the plan other than merely her post-petition income, namely, title to her real property. This violates the "absolute priority rule" and the debtor is not making a new value contribution.
Deny confirmation of plan.
Final Ruling for October 31, 2017:
Continue hearing to January 10, 2018 at 2:00 p.m. as holding date for debtor to figure out what debtor would like to do.
Tentative Ruling for January 10, 2018: See tentative ruling for matter no. 202.
2:00 PM
Debtor(s):
Norma Aqui Represented By
Onyinye N Anyama
2:00 PM
fr. 9-7-16, 9-14-16, 12-14-16, 3-29-17, 3-30-17, 6-7-17, 8-15-17, 10-31-17
Docket 1
1/3/18 - Dane Exnowski, (562) 661-5060 has been approved for telephonic appearanceon 1/10/18 @ 2pm
At debtor's request, Court continued hearing to September 14, 2016 at 10:00
a.m. Debtor should file and serve a status report not later than September 8, 2016. APPEARANCES WAIVED ON SEPTEMBER 7, 2016.
Tentative Ruling for September 14, 2016:
If debtor is female, counsel should use care in selecting the pronouns used in the status report. Incorporation by reference into the status report of a document not filed with the court is not helpful. Projections should be filed with the status report.
Set deadline for service of bar date notice and for filing proofs of claim. 9/20/16 -- court signed scheduling order setting following dates:
L/D to serve bar date notice -- September 23, 2016 Bar date -- November 4, 2016
Cont'd status conference -- December 14, 2016 at 11:00 a.m. L/D to file updated status report -- December 2, 2016
Tentative Ruling for December 14, 2016:
What kind of strategies is the debtor considering for increasing her income? Did any unanticipated claims get filed by the bar date?
2:00 PM
Set deadline for filing plan and disclosure statement and continue case status conference to date that may be used for a hearing on a disclosure statement.
12/20/16 -- Court signed scheduling order setting following dates:
L/D to file plan and disclosure statement -- February 15, 2017 Continued status conference -- March 29, 2017 at 2:00 pm Hearing on disclosure statement -- March 29, 2017 at 2:00 pm
Tentative Ruling for March 30, 2017:
Continue case status conference to date of continued hearing on disclosure statement.
5/26/17 -- Court granted emergency motion to extend deadline to file plan. New deadline for filing plan will be July 14, 2017. The new hearing date will be August 17, 2017 at 11:00 a.m. Continue status conference to August 16, 2017 at 11:00 a.m. to coincide with hearing on disclosure statement. OFF CALENDAR FOR JUNE 7, 2017.
Tentative Ruling for August 16, 2017:
Continue status conference to date of continued hearing on disclosure statement.
Tentative Ruling for October 31, 2017:
Convert case to chapter 7, unless, in light of agreement/consensual modification with secured creditor, debtor thinks it may be possible to reorganize in chapter 13. Hearing required.
Tentative Ruling for January 10, 2018:
Revisit status of case after conclusion of hearing on plan confirmation.
2:00 PM
Debtor(s):
Norma Aqui Represented By
Onyinye N Anyama
10:00 AM
Adv#: 8:16-01132 Masse v. Carson et al
DEBTOR: ISC8, INC. MATTER: MASSE V. CARSON
Docket 0
- NONE LISTED -
Take appearances on the record and then invite parties into chambers to conduct mediation.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
John Carson Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello Sharon Sung
Marc Dumont Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello Sharon Sung
10:00 AM
GF Acquisitionco 2012, LLC Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello Sharon Sung
Irvine Sensors Corporation Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello Sharon Sung
Jack Johnson Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello Sharon Sung
Balraj Roll Pro Se
Seth Hamot Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello Sharon Sung
Thomas Kelly Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello Sharon Sung
Edward Scollins Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello Sharon Sung
Chester White Represented By Kyra E Andrassy
10:00 AM
Philip E Strok Robert S Marticello Sharon Sung
Robert Wilson Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello Sharon Sung
Balraj Joll Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello Sharon Sung
Plaintiff(s):
Alfred M. Masse Represented By Robyn B Sokol Kyra E Andrassy Nina Z Javan
10:30 AM
[OST]
Docket 28
- NONE LISTED -
The opposition is well-founded. Even assuming that it is appropriate for an attorney, having fallen, to fail to take steps via email or telephone to make sure that her cilents' interests are not compromised while she is incapacitated, the motion makes no mention of why the debtor herself -- who was served with the motion -- did nothing and failed to even appear at the hearing.
Moreover, critically absent from the motion is any discussion of what the opposition might have said if Ms. Richards had been able to interpose an opposition in a timely manner. It is insufficient to move for relief based on excusable neglect without a showing of how matters would have turned out differently had neglect not occurred. On these facts, the Court has no reason to believe that anything would have been different if debtor had opposed the motion in a timely manner.
The state court has vacated the debtor's default and the debtor will have an opportunity in the unlawful detainer proceeding to advance any arguments that she may care to make as to why she should not be evicted from the property.
Deny motion.
Debtor(s):
Lisa Cannizzaro Represented By
10:30 AM
Trustee(s):
Leslie Richards
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 11
1/16/18 - Jennifer H. Wang, (714) 431-1058, has been approved for telephonic appearance on 1/23/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Oralia Angulo Alcaraz Pro Se
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: WINTON ASHTON, TRUSTEE
Docket 16
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3) and annulment. (Parties have stipulated to relief from stay.)
Debtor(s):
Derek Kahle Pro Se
Movant(s):
WINTON ASHTON, TRUSTEE Represented By
Stephen C Duringer
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: HONDA LEASE TRUST
Docket 9
1/16/18 - Vincent V. Frounjian, (818) 859-7511, has been approved for telephonic appearance on 1/23/18 @ 10am
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Leticia Maria Jaralanda Represented By Leonard Pena
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: MIKHAIL SHALVAPIN fr. 1-9-18
Docket 7
- NONE LISTED -
Tentative Ruling for January 9, 2018:
Case has been dismissed. Motion is not entirely moot, as it seeks annulment. Either deny motion as moot or, if movant prefers, continue hearing to give movant an opportunity to comply with Court's local, local rule re proceeding to hearing on motions in dismissed cases.
Final Ruling for January 9, 2018:
Continue hearing to January 23, 2018 at 10:00 a.m. Movant should file and serve notice of intent to proceed notwithstanding dismissal not later than January 12, 2018. Notice should advise opposing parties that oppositions will be due at the hearing.
Tentative Ruling for January 23, 2018:
Movant has now served notice of intent to proceed. Grant motion with wavier and annulment.
Debtor(s):
America Genchi Ruiz Pro Se
Movant(s):
Mikhail Shalyapin Represented By Carol G Unruh
10:00 AM
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:09-02063 Rubin v. Ross
Docket 1
- NONE LISTED -
Set deadline for filing pretrial motions and pretrial conference in late March. Parties should lodge joint pretrial order two weeks before pretrial conference. Do parties anticipate filing any pretrial motions? Hearing required.
Debtor(s):
David Leonard Ross Represented By Rosendo Gonzalez
Benjamin Nachimson
Seyed Mohammad R Kazerouni
Defendant(s):
David Leonard Ross Represented By Rosendo Gonzalez
Seyed Mohammad R Kazerouni
Plaintiff(s):
Jason Rubin Represented By
Barry R Wegman Stephan A Mills Franklin C Adams Cathy Ta
2:00 PM
Trustee(s):
J. Alexandra Rhim Rosendo Gonzalez
James L Brown (TR) Pro Se
2:00 PM
Adv#: 2:17-01400 Aly v. Ligad
Docket 12
- NONE LISTED -
There was no finding of fraud in the state court action. What evidence does plaintiff have of fraudulent intent in this action? Declaration alleges that check was returned either for insufficient funds or because bank account was closed. Does plaintiff have any evidence about which it was? Court may be able to draw an inference of fraud from defendant's having written a check on a bank account that was closed. Are there any other facts and circumstances that plaintiff can introduce into evidence to support his contention that there was fraudulent intent here?
Hearing required.
Debtor(s):
Ricardo Fabia Ligad Pro Se
Defendant(s):
Ricardo Fabia Ligad Pro Se
Movant(s):
Ahmed M Aly Pro Se
Plaintiff(s):
Ahmed M Aly Pro Se
2:00 PM
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:17-01400 Aly v. Ligad
fr. 10-17-17, 12-12-17
Docket 1
- NONE LISTED -
Tentative Ruling for October 17, 2017:
Summons was issued on August 10 and was not served until September 2, 2017. Therefore, it was stale by the time of service. Plaintiff should serve only by first class mail. Substituted service is unnecessary and insufficient.
Continue status conference. Direct plaintiff to obtain alias (replacement) summons and reserve defendant.
Final ruling for October 17, 2017:
Continue status conference to December 12, 2017 at 2:00 p.m. Plaintiff should obtain and serve alias summons.
Tentative Ruling for December 12, 2017:
Alias summons was issued on October 18, 2017. Return of summons was filed October 26, 2017, but it does not say how the summons and complaint was served on on whom. Portions of the form that request this information are blank.
Plaintiff needs to file amended proof of service. If service is adequate, set
2:00 PM
deadline for plaintiff to file request for entry of default and motion for entry of default judgment. Continue status conference to coincide with hearing on default judgment motion.
Tentative Ruling for January 23, 2018:
If Court grants motion for default judgment, take status conference off calendar. If Court does not grant motion for default judgment, continue status conference to coincide with date of continued hearing on default judgment motion.
Debtor(s):
Ricardo Fabia Ligad Pro Se
Defendant(s):
Ricardo Fabia Ligad Pro Se
Plaintiff(s):
Ahmed M Aly Pro Se
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:17-01375 DeBellis et al v. UNITED STATES OF AMERICA on behalf of the
fr. 10-3-17
Docket 1
- NONE LISTED -
Set discovery cutoff for late April, 2018 and continue status conference to approximately same time frame.
Debtor(s):
AJ DeBellis Represented By
Mark T Young
Defendant(s):
UNITED STATES OF AMERICA Represented By
Jolene Tanner
State Of California Franchise Represented By Charles Tsai
Joint Debtor(s):
Victoria Collette DeBellis Represented By Mark T Young
Plaintiff(s):
AJ DeBellis Represented By
2:00 PM
Mark T Young
Victoria Collette DeBellis Represented By Mark T Young
Trustee(s):
Richard K Diamond (TR) Represented By Ivan L Kallick
2:00 PM
Adv#: 2:14-01753 Douglas v. Oroumieh
Docket 1
- NONE LISTED -
Have all pretrial motions now been resolved? Are the parties finished with discovery? If so, set pretrial conference and deadline for lodging joint pretrial order. Defendant has made a jury trial demand, but this is a 523 action, so there is no right to a trial by jury.
Debtor(s):
Robert Oroumieh Pro Se
Defendant(s):
Robert Oroumieh Represented By Randolph R Melendez
Plaintiff(s):
Frederic M Douglas Pro Se
Trustee(s):
David A Gill (TR) Represented By Steven J Schwartz Eric P Israel
2:00 PM
Adv#: 2:17-01362 Diamond, Chapter 7 Trustee, Plaintiff v. CIT CREDIT GROUP USA, INC.,
USA, Inc., a Delaware corporation fr. 10-3-17, 11-7-17, 12-12-17
Docket 1
Amended Complaint and another summons issued on 8-15-17
8/22/17 -- Court approved stipulation extending certain deadlines and continuing status conference to November 7, 2017 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 3, 2017.
9/22/17 -- Court approved stipulation extending certain deadlines and continuing status conference to December 12, 2017 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 7, 2017.
10/20/17 -- Court approved stipulation extending certain deadlines and continuing status conference to January 23, 2018 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 12, 2017.
1/12/18 -- Court approved stipulation extending deadline for CIT to respond to First Amended Complaint to March 7, 2018 and continuing status conference to May 8, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 23, 2018.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
2:00 PM
Defendant(s):
CIT CREDIT GROUP USA, INC., a Pro Se CIT BANK, N.A. Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Sonia Singh Michael G D'Alba Howard Kollitz
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz
2:00 PM
Adv#: 2:17-01413 United States of America ex rel. Gerson Fox et al v. Miller et al
fr. 10-31-17
Docket 1
10/27/17 - Request that the Clerk issue another summons was filed. However, the summons will be issued once the new Status Conference date has been selected.
11/2/17 - Another Summons issued. 12/4/17 - Another Summons issued.
Summons has not yet been served. Response is not yet due. Continue status conference to date that will be after responses have been filed that can serve as date of hearing on motion to dismiss.
Continue hearing to January 23, 2018 at 2:00 p.m. APPEARANCES WAIVED.
1/12/18 -- Court signed order approving stipulation continuing hearing to January 30, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 23, 2018.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
2:00 PM
Defendant(s):
Elissa D. Miller Represented By Ryan D ODea
Sulmeyer Kupetz Represented By
T. John Fitzgibbons
International Sureties, Ltd. Pro Se
Plaintiff(s):
United States of America ex rel. Represented By Michael D Dempsey
Gerson Fox Represented By
Michael D Dempsey
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Adv#: 2:17-01222 Richard K. Diamond, Chapter 7 Trustee v. JPMorgan Chase & Co., a
fr. 6-6-17, 9-12-17, 12-19-17
Docket 1
- NONE LISTED -
Parties have used outdated version of joint status report form. Do parties consent to the entry of final orders by bankruptcy court?
Court does not agree with conclusion that, if the parties are not able to resolve the matter without the assistance of a mediator, they shouldn't try to resolve the matter with the assistance of a mediator.
Parties should memorialize any extension of time to respond to complaint with a stipulation.
Hearing required.
Tentative Ruling for September 12, 2017:
Parties report that matter has been settled. Continue status conference to December 19, 2017 at 2:00 p.m. to give parties an opportunity to document and consummate their settlement. Appearances waived on September 12, 2017.
12/7/17 -- Court signed order approving compromise (lump sum). Tentative Ruling for December 19, 2017:
2:00 PM
When will plaintiff be in a position to dismiss this action?
ACTION HAS BEEN DISMISSED. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Gary Meek Represented By
Jeremy Faith
Defendant(s):
JPMorgan Chase & Co., a Delaware Pro Se Southwest Airlines Co., a Texas Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Steven Werth Elissa Miller
Trustee(s):
Richard K Diamond (TR) Represented By Elissa Miller Steven Werth
2:00 PM
Adv#: 2:16-01137 Ghoulian et al v. Omrani
fr. 5-24-16, 8-30-16, 1-24-17, 4-25-17, 8-15-17, 1-9-18
Docket 1
- NONE LISTED -
Set discovery cutoff for end of August. When does plaintiff anticipate being in a position to file motion for summary judgment or partial summary adjudication?
5/26/16 -- Court approved scheduling order setting discovery cutoff of August 31, 2016.
6/14/16 -- Court approved stipulation adding trustee as co-plaintiff.
Tentative Ruling for August 30, 2016:
Set discovery cutoff for approximately 60 days and deadline for filing contemplated motion for summary judgment for approximately 30 days thereafter.
8/31/16 -- Court approved scheduling order setting following dates: Continued status conference -- January 24, 2017 at 2:00 p.m.
L/D to file joint status report -- January 10, 2017
L/D for plaintiff to file and serve motion for partial summary judgment -- November 29, 2016
2:00 PM
Hearing on motion -- January 24, 2017 at 2:00 p.m. L/D to complete discovery -- October 31, 2016.
Tentative Ruling for August 15, 2017:
Revisit status of action after conclusion of related matter on calendar.
11/13/17 -- court approved stipulation continuing hearing to January 23, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 9, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 23, 2018:
Court waived requirement of a joint status report. What is the status of this matter? Hearing required.
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
Defendant(s):
Mike Omrani Represented By
Stella A Havkin
Plaintiff(s):
Hertzel Ghoulian Represented By Michael F Frank
Rosendo Gonzalez (TR) Represented By Michael F Frank
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:17-01175 United States Trustee (LA) v. Barnes
Complaint by United States Trustee (LA) against Ruth Barnes fr. 5-2-17, 8-29-17, 11-28-17
Docket 1
- NONE LISTED -
Court appreciates the declaration of Ms. Morrison explaining why the joint status report was belatedly filed. Explain to debtor the need to comply with the court's procedural rules if she intends to represent herself in this action. Discuss discovery cutoff with parties.
5/4/17 -- Court signed scheduling order with following dates: Cont'd status conference -- August 29, 2017 at 2:00 p.m.
L/D to file joint status report -- August 15, 2017 L/D to complete discovery -- August 31, 2017
8/18/17 -- Court approved stipulation continuing discovery cutoff to October 16, 2017.
Tentative Ruling for August 29, 2017:
Set pretrial conference for some time in November. Discuss with parties whether they anticipate filing any pretrial motions.
11/2/17 -- Court granted motion to continue pretrial conference to January 23, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 28, 2017.
2:00 PM
OFF CALENDAR. COURT GRANTED MOTION TO DISMISS BY UNITED STATES TRUSTEE.
Debtor(s):
Ruth Barnes Represented By
Alan W Forsley
Defendant(s):
Ruth Barnes Pro Se
Plaintiff(s):
United States Trustee (LA) Represented By Kelly L Morrison
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:17-01029 Leslie v. Contreras et al
fr. 3-28-17, 7-11-17, 9-12-17, 11-13-17, 11-14-17
Docket 1
- NONE LISTED -
Parties need to use updated version of status report form.
Set discovery cutoff for approximately 120 days. Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
3/20/17 -- Court approved scheduling order with following dates: Cont'd status conference -- 7/11/17 at 2:00 p.m.
L/D to file joint status report -- 6/27/17 L/D to complete discovery -- 7/31/17 L/D to complete mediation -- 7/11/17
L/D to lodge order appointing mediators -- 4/24/17 4/17/17 -- Court approved order appointing mediators.
7/5/17 -- Court signed order approving stipulation setting following dates:
Cont'd status conference -- September 12, 2017 at 2:00 p.m. L/D to complete discovery -- October 2, 2017
L/D to complete mediation -- September 12, 2017.
2:00 PM
OFF CALENDAR FOR JULY 11, 2017. NO APPEARANCE REQUIRED.
8/31/17 -- Court approved stipulation continuing hearing to November 13, 2017 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 12, 2017.
10/3/17 -- Court approved stipulation continuing discovery cutoff to December 1, 2017.
11/2/17 -- Court signed order approving stipulation continuing status conferenceto January 23, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 14, 2017.
11/3/17 -- Court approved compromise which calls for lump sum payment by January 12, 2018.
1/12/18 -- court approved stipulation continuing hearing to February 27, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 23, 2018.
Debtor(s):
Julian Contreras Represented By Cynthia Grande
Defendant(s):
Guadalupe Contreras Pro Se
Marely Y. Flores Jimenez Pro Se
Plaintiff(s):
Sam S. Leslie Represented By
Zev Shechtman Sonia Singh
Trustee(s):
Sam S Leslie (TR) Represented By Eric P Israel
2:00 PM
Zev Shechtman
2:00 PM
Adv#: 2:17-01145 Bleau Fox, a P.L.C. v. Mereshian
Docket 1
- NONE LISTED -
Have the parties completed discovery in this matter? If not, how long will the parties need to complete discovery? Hearing required.
Debtor(s):
Sara Ani Mereshian Represented By Leon Nazaretian
Defendant(s):
Sara Ani Mereshian Represented By Leon Nazaretian
Plaintiff(s):
Bleau Fox, a P.L.C. Represented By Thomas P Bleau Troy M Mueller
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Adv#: 2:17-01286 S.S.C., Inc., a California corporation v. LI
fr. 7-25-17, 8-1-17, 12-5-17
Docket 1
- NONE LISTED -
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to the date of the continued status conference.
8/4/17 -- Court signed scheduling order with following dates:
Cont'd status conference -- December 5, 2017 at 2:00 p.m. L/D to file joint status report -- November 21, 2017
L/D to lodge order appointing mediator -- August 31, 2017 L/D to complete mediation -- December 5, 2017
11/22/17 -- court approved stipulation continuing hearing and deadline to complete mediation to January 23, 2018 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 5, 2017.
12/11/17 -- Court approved stipulation continuing status conference to February 6, 2018 at 2:00 p.m. and deadline to complete mediation to February 5, 2018.
2:00 PM
Debtor(s):
NING LI Represented By
Michael Y Lo
Defendant(s):
NING LI Represented By
Michael H Weiss
Plaintiff(s):
S.S.C., Inc., a California corporation Represented By
David L Prince
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:17-01372 Velasco v. U.S. Department of Education et al
fr. 10-3-17
Docket 1
1/12/18 - Robert S. Lampl, (818) 226-5662, has been approved for telephonic appearance on 1/23/18 @ 2 p.m.
8/8/17 - Amended Complaint filed. 8/8/17 - Another summons issued. 8/17/17 - Another summons issued
Continue status conference approximately 90 days. Set discovery cutoff for March of 2018.
10/5/17 -- Court signed scheduling order with following dates: Cont'd status conference -- January 23, 2018 at 2:00 p.m.
L/D to file joint status report -- January 9, 2018 Discovery cutoff -- March 30, 2018.
Tentative Ruling for January 23, 2018:
Both parties report that they will be done with discovery in April, 2018. Are they requesting an extension of the discovery cutoff or does the current March 30 date work?
2:00 PM
Parties have indicated that they do not want to be sent to mediation. When would mediation be appropriate in this case, if at all? Hearing required.
Debtor(s):
Paulina Velasco Represented By Christine A Kingston
Defendant(s):
U.S. Department of Education Represented By Elan S Levey
RBS Citizens Bank Pro Se
VL Funding LLC. Pro Se
Plaintiff(s):
Paulina Velasco Represented By Christine A Kingston
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:17-01402 Portillo et al v. Ardon et al
fr. 10-17-17
Docket 1
- NONE LISTED -
If defendant appears, explain to defendant requirement that he accept service of papers, meet and confer, participate in preparation of joint status reports, etc. (Plaintiffs' signatures go on left hand side of joint status report form, not both sides.) Future mailings should be by first class mail, not by certified mail, return receipt requested. Court will presume items mailed were received if sent to correct address.
If defendant fails to appear, issue OSC why his answer should not be stricken and plaintiffs permitted to proceed by way of default.
Hearing required.
10/18/17 -- Court approved scheduling order with following dates:
L/D to approve order appointing mediators -- November 22, 2017 L/D to complete mediation -- January 23, 2017
L/D to file joint status report -- January 9, 2018 Discovery cutoff -- January 31, 2018
11/22/17 -- Court approved order appointing mediators.
2:00 PM
Tentative Ruling for January 23, 2018:
Mediator reports that defendant did not appear for mediation. Issue OSC why defendant's answer should not be stricken and plaintiff permitted to proceed by way of default based on defendant's failure to attend mediation. Continue status conference to date of hearing on OSC.
Debtor(s):
Moises Mauricio Ardon Represented By Lauren Ross
Defendant(s):
Moises Mauricio Ardon Pro Se
Judit Garcia Rolon Pro Se
Joint Debtor(s):
Judit Garcia Rolon Represented By Lauren Ross
Plaintiff(s):
Marisa Gonzalez Portillo Pro Se
Jaime Portillo Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:17-01502 First National Bank Of Omaha v. Hinkle
fr. 12-19-17
Docket 1
- NONE LISTED -
12/4/17 -- Court approved stipulation re entry of judgment. Separate judgment to follow.
Tentative Ruling for December 19, 2017:
Where is judgment that is to be entered pursuant to the parties' stipulation?
1/3/18 -- Court approved stipulated judgment. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Justin James Hinkle Represented By Raymond Perez
Defendant(s):
Amy Hinkle Pro Se
Joint Debtor(s):
Amy Hinkle Represented By
Raymond Perez
2:00 PM
Plaintiff(s):
First National Bank Of Omaha Represented By Cory J Rooney
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:12-01858 Okhrimovski v. Okhrimovskaya
fr. 9-11-12, 12-18-12, 2-26-13, 4-16-13, 6-11-13, 9-10-13, 1-14-14, 4-29-14, 7-
29-14, 9-2-14, 11-4-14, 3-31-15, 10-6-15, 2-2-16, 5-10-16, 11-15-16, 11-30-16,
6-6-17, 10-17-17
Docket 1
- NONE LISTED -
Court agrees that a general denial is not permissible in federal court. Set new deadline for defendant to file response to complaint. Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
9/21/12 -- Court signed order setting following dates:
Cont'd status conference -- December 18, 2012 at 2 L/D to file joint status report -- December 4, 2012 L/D to complete mediation -- December 18, 2012
L/D to lodge order appointing mediator -- October 9, 2012
L/D for defendant to file an amdned answer with specific denials and admissions -- October 9, 2012
9/21/12 -- Court issued OSC why defendant's answer should not be stricken and a default entered if the defendant fails to file an answer with specific denials and admissions by October 9, 2012. Hearing on OSC for December 18, 2012 at 2.
10/10/12 -- Court signed order appointing mediators.
2:00 PM
Tentative Ruling for December 18, 2012:
Continue status conference to January 15, 2013 at 2:00 p.m. to be heard concurrently with plaintiff's motion to dismiss counterclaim. Parties should conduct mediation as previously ordered by the Court. If parties need to lodge an order appointing additional mediators, they should do so and should be prepared to explain at the status conference why they have not taken steps to participate in mediation as previously directed by the Court in a diligent manner.
3/28/13 -- Court signed order approving stipulation continuing response and briefing deadlines and status conference to June 11, 2013 (not May 28) at 2:00 p.m. OFF CALENDAR FOR APRIL 16, 2013. NO APPEARANCE REQUIRED.
5/29/13 -- Court signed order approving stipulation continuing response and briefing deadlines and status conference to September 10, 2013 at 2:00 p.m. OFF CALENDAR FOR JUNE 11, 2013. NO APPEARANCE REQUIRED.
8/28/13 -- Court signed order approving stipulation continuing response and briefing deadlines and status conference to January 14, 2014 at 2:00 p.m. OFF CALENDAR FOR SEPTEMER 10, 2013. NO APPEARANCE REQUIRED.
1/7/14 -- Court signed order approving stipulation continuing response and briefing deadlines and hearing on motion to dismiss to April 29, 2014 at 2:00
p.m. OFF CALENDAR FOR JANUARY 14, 2014. NO APPEARANCE REQUIRED.
4/16/14 -- Court signed order approving stipulation continuing response and briefing deadlines and hearing on motion to dismiss to July 29, 2014 at 2:00
p.m. OFF CALENDAR FOR APRIL 29, 2014. NO APPEARANCE REQUIRED.
10/24/14 -- Court signed order approving stipulation continuing response and briefing deadlines and hearing on motion to dismiss to March 31, 2015 at
2:00 PM
2:00 p.m. OFF CALENDAR FOR NOVEMBER 4, 2014. NO APPEARANCE REQUIRED.
3/18/15 -- Court signed order approving stipulation continuing response and briefing deadlines and hearing on motion to dismiss to October 6, 2015 at 2:00 p.m. OFF CALENDAR FOR MARCH 31, 2015. NO APPEARANCE REQUIRED.
10/2/15 -- Court signed order approving stipulation continuing response and briefing deadlines and hearing on motion to dismiss to February 2, 2016 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 6, 2015. NO APPEARANCE REQUIRED.
1/25/16 -- Court signed stipulation continuing hearing to May 10, 2016 at 2 pm. OFF CALENDAR FOR FEBRUARY 2, 2016.
Tentative Ruling for May 10, 2016:
Revisit status of action after conclusion of hearing on motion to dismiss.
11/3/16 -- Court approved stipulation continuing status conference to November 30, 2016 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for November 30, 2016:
Per this court's local local rule, parties may not self-calendar motions for reconsideration. Hearing on motion for reconsideration has been taken off calendar. Court reviewed the parties' papers with regard to disputes concerning the form of the order and was satisfied with the order that it entered.
Provided the Court denies the motion for reconsideration, what, if anything, remains of this adversary proceeding? Hearing required.
5/24/17 -- Court approved stipulation continuing hearing to October 17, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 6, 2017.
2:00 PM
10/12/17 -- Court approved stipulation continuing hearing to JANUARY 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 17, 2017.
1/16/18 -- Court approved stipulation continuing hearing to April 25, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 23, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Vsevolod Okhrimovski Represented By
Blake J Lindemann
Defendant(s):
Dina Okhrimovskaya Represented By
Aslan Khodorovsky
Plaintiff(s):
Vsevolod Okhrimovski Represented By
Blake J Lindemann
10:00 AM
Docket 5
- NONE LISTED -
Dismiss case.
Debtor(s):
Ihn Cheol Shin Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Inc. re: 2008 Ford Escape fr. 11-29-17, 12-20-17
Docket 9
- NONE LISTED -
Tentative Ruling for November 29, 2017:
Trade-in value is NOT the value that the creditor would receive if it repossessed the vehicle and sold it in a commercially reasonable manner. The trade-in value is the credit that the dealer is willing to give a customer for the vehicle -- an amount that is significantly LESS than the dealer believes it can obtain by reselling the vehicle -- so that the dealer is confident that it will obtain an appropriate margin of profit. Trade-in value is routinely far less than either wholesale or private party value. Under Rash, the appropriate value always needs to be determined in light of the debtor's anticipated use of the vehicle. The question remains and the standard is, therefore, what would the debtor have to pay if he were required to purchase a comparable vehicle instead of the one that he is currently driving.
Although the motion argues for trade-in value as the correct standard, it also represents that the value at which the debtor seeks to redeem the vehicle is its retail value, making the above discussion moot. However, where is a declaration attesting to the condition of the vehicle and its mileage?
Final Ruling for November 29, 2017:
Continue hearing to December 20, 2017 at 10:00 a.m. Debtor should file supplemental declaration attesting to the fact that she has read the condition definitions and specifying whether condition of vehicle is average or clean.
10:00 AM
Tentative Ruling for December 20, 2017:
Debtor's supplemental declaration says condition of vehicle is "clean." Therefore, there should not be a deduction of $1,685 because the vehicle is in "average" condition. Is the debtor interested in a redemption if the value of the vehicle is higher by this amount? Hearing required.
Final Ruling for December 20, 2017:
Continue hearing to January 24, 2018 at 10:00 a.m. to give debtor an opportunity to decide whether she wants to redeem the vehicle at $5,508 or whether she has other evidence that she would like the court to consider.
Debtor should file and serve any supplemental declaration not later than January 12, 2018.
Tentative Ruling for January 24, 2018:
Docket does not reflect the filing of any additional declarations. If debtor would like to redeem vehicle at $5,508, grant motion. Otherwise, deny motion or, if debtor prefers, permit debtor to withdraw motion.
Debtor(s):
Mary Molina Represented By
Nathan A Berneman
Movant(s):
Mary Molina Represented By
Nathan A Berneman
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 19
- NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Angeli A. Bautista Represented By Steven B Lever
Joint Debtor(s):
Amado P. Bautista Jr. Represented By Steven B Lever
Movant(s):
HomeStreet Bank Represented By
Joe John A Solseng
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 21
- NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Diego Antonio Guzman Represented By Richard F Hernandez
Movant(s):
Diego Antonio Guzman Represented By Richard F Hernandez Richard F Hernandez
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 11
- NONE LISTED -
Court continued the hearing from December 13, 2017 to give debtor an opportunity to catch up on missed payments. Has she done so? Hearing required.
Debtor(s):
Marrisa Guadalupe Robledo Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 16
- NONE LISTED -
Hearing continued from December 14, 2017 at 10:00 a.m. What is the status of this matter? Does debtor have any evidence or arguments that he would like the court to consider with regard to the issue of whether approval of the agreement is in debtor's best interests?
Debtor(s):
Todd Gustawes Represented By Michael Jay Berger
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
fr. 12-14-17
Docket 12
- NONE LISTED -
Hearing continued from December 14, 2017 at 10:00 a.m. What is the status of this matter? Does debtor have any evidence or arguments that he would like the court to consider with regard to the issue of whether approval of the agreement is in debtor's best interests?
Debtor(s):
Justin Hemaidan Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 138
NONE LISTED -
12/27/17 -- court approved stipulation continuing hearing to February 14, 2018 at 10:00 a.m. OFF CALENDAR FOR JANUARY 24, 2018.
Debtor(s):
Herzl Ben Marome Represented By Shai S Oved Leslie Richards
Movant(s):
Yona Wipranik Represented By Daniel Cheren Stella A Havkin
Yona Wipranik Represented By Daniel Cheren Stella A Havkin
Trustee(s):
John J Menchaca (TR) Represented By
M Douglas Flahaut Sevan Gorginian Aram Ordubegian
10:00 AM
Claim No: Claimant:
Claim 3 California Uninsured Employees Benefit Fund Claim 5 Carlos Arguello
fr. 11-15-17
Docket 79
10/13/17 - Withdrawal of claim no 5 by Carlos Arguello filed.
10/25/17 -- Court approved stipulation continuing hearing to January 24, 2018 at 10:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for January 24, 2018:
Motion argues that claim should be disallowed because liability is contingent, among other reasons. However, trustee reports that UEBTF has reached a resolution with Arguello and that relief from stay was granted to permit the parties to enter into a final settlement. Once this occurs, the claim will no longer be contingent. Continue hearing yet again, if necessary to enable settlement to be finalized, at which point claim should be disallowed to the extent that it exceeds settlement amount, no?
1/22/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 10:00 a.m. OFF CALENDAR FOR JANUARY 24, 2018. NO APPEARANCE REQUIRED.
10:00 AM
Debtor(s):
Route One Transport, Inc. Represented By Rosendo Gonzalez
John J Menchaca (TR)
Trustee(s):
John J Menchaca (TR) Represented By Leonard M Shulman Robert E Huttenhoff
John J Menchaca (TR) Rika Kido
10:00 AM
Sustaining Objection to Debtor's Claim of Exemption
Compelling Turnover of Estate Property
Docket 38
NONE LISTED -
Trustee is correct that settlement proceeds are property of debtors' bankruptcy estate, but that is a different question from whether or not that property is exempt. Trustee is correct that debtors cannot now switch to 704 exemptions in light of the fact that their bankruptcy case was administered with the exemptions available under section 703. Debtors cannot refuse to produce copies of relevant documents including settlement agreement to trustee. Trustee is the real party in interest unless and until the proceeds have been exempted from the bankruptcy estate and they won't be exempted unless the trustee has an opportunity to review the operative documents.
Continue hearing to give debtors an opportunity to amend their Schedule C to assert exemptions under the 703 series and for the parties to engage in discovery. Issue notice deeming matter to be an adversary proceeding for procedural purposes and set continued status conference.
Debtor(s):
Robert Louis Ditchey Sr. Represented By Nancy Knupfer Alan W Forsley
Joint Debtor(s):
Nathalie R. Ditchey Represented By
10:00 AM
Trustee(s):
Nancy Knupfer Alan W Forsley
Rosendo Gonzalez (TR) Represented By Toan B Chung
10:00 AM
Docket 20
NONE LISTED -
Provided service is adequate, authorize debtor to use cash collateral generated by property solely for the purpose of paying insurance, real property taxes, operating expenses and mortgage with regard to the property. Any excess rents shall be held in a segregated, interest-bearing account. All lenders shall receive replacement lien on post-petition rents to secure the diminution in value of their prepetition collateral. Post-petition liens shall have the same validity and priority as prepetition liens.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub
10:00 AM
Docket 1
NONE LISTED -
Set deadline for serving notice of bar date and bar date. Continue case status conference to a date after bar date. Set deadline for filing updated status report. Court will set deadline for filing plan and disclosure statement at continued status conference. Discuss with debtor what needs to happen before plan of reorganization can be filed.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub
10:00 AM
Docket 39
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Delia Rodriguez Represented By Heather J Canning
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 1
NONE LISTED -
12/20/16 -- At hearing held this date, Court continued case status conference to January 5, 2017 at 10:00 a.m. OFF CALENDAR FOR JANUARY 4, 2017.
Tentative Ruling for January 5, 2017:
Future status reports need not repeat information contained in prior reports. Court is interested in knowing about the current case status, recent developments, current challenges, etc.
Set deadline for service of bar date notice and bar date for filing proofs of claim. Set deadline for filing plan and disclosure statement.
1/6/17 -- court signed scheduling order setting following dates: 1/13/17 -- L/D to serve notice of bar date
2/8/17 at 2:00 p.m. -- continued case status conference 3/17/17 -- Bar date
3/31/17 -- L/D to file plan and disclosure statement (requirement of status report waived for Feb 8 conference)
Tentative Ruling for March 8, 2017:
Continue case status conference to a date that would coincide with the anticipated date of a hearing on a disclosure statement.
11:00 AM
3/16/17 -- Court signed scheduling order setting following dates:
L/D to file plan and disclosure statement -- April 5, 2017 Cont'd status conference -- May 17, 2017 at 11:00 a.m. Status report waived.
Hearing on disclosure statement -- May 17, 2017 at 11:00 a.m.
Tentative Ruling for May 17, 2017:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for July 25, 2017:
If court confirms plan, set post-confirmation status conference for approximately 180 days after effective date.
Tentative Ruling for January 24, 2018:
Continue status conference to January 31, 2018 at 10:00 a.m. to be heard concurrently with objections to claim scheduled for hearing that date. No new status report is required for that continued status conference. OFF CALENDAR FOR JANUARY 24, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball
11:00 AM
fr. 8-2-17, 11-15-17
Docket 97
NONE LISTED -
See tentative ruling on matter no. 9.
11/3/17 -- Court approved stipulation continuing hearing to January 24, 2018 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017. NO APPEARANCE REQUIRED.
1/18/18 -- Court approved stipulation continuing hearing to April 10, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 24, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
Shawn M Christianson
Movant(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
Shawn M Christianson
11:00 AM
Docket 1
NONE LISTED -
Court has a variety of questions:
Debtor owns a license to use the intellectual property on which its business is founded and not the intellectual property itself? Who owns the intellectual property?
Are there ongoing payments due under the license agreement and, if so, at what rate?
Did the court grant relief from stay to permit the state court trial to proceed forward?
What causes of action have been alleged in Mr. Kolokotrones' complaint?
Which of the employees listed on exhibit A are insiders?
What do the following entries on the cash flor projection mean:
AWS;
USC Buyout DW
What kinds of expenses fall under the heading, "miscellaneous." Hearing required
12/20/16 -- Court signed scheduling order setting following dates:
11:00 AM
Cont'd case management conference -- March 15, 2017 at 11:00 a.m. L/D to serve and file updated status report -- March 3, 2017
L/D to complete a day of mediation -- January 17, 2017
L/D to lodge order appointing mediator -- December 30, 2016
1/20/17 -- Court approved stipulation extending deadline for completion of settlement conference to February 17, 2017.
Tentative Ruling for March 15, 2017:
Set deadline for serving notice of bar date and bar date. Continue status conference approximately 90 days.
Tentative Ruling for June 14, 2017:
Debtor served notice of bar date, but never lodged order setting bar date. Court needs order establishing that date (which should reflect original dates set -- L/D to serve notice of bar date-March 22, 2017; Bar date-May 31, 2017). (Court signed scheduling order with these dates on June 22, 2017.)
Court has reviewed debtor's status report. How long does the debtor think it will be before the state court rules on the pending motions for summary judgment? Hearing required.
Tentative Ruling for September 13, 2017:
Court has reviewed debtor's status report. Continue case status conference to November 15, 2017 at 11:00 a.m. Debtor should file updated status report not later than November 3, 2017. Appearances waived on September 13, 2017.
11/3/17 -- Court approved stipulation continuing hearing to January 24, 2018 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017. NO APPEARANCE REQUIRED.
11:00 AM
1/18/18 -- Court approved stipulation continuing hearing to April 10, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 24, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
11:00 AM
Finding Mervyn Vanderputt in Contempt of Discharge injunction
For Compensatory and Punitive Damages for Continuous, Knowing and Willful Violation of Debtors' Discharge Injunction Pursuant to 11 U.S.C. §§105 (a); 524(a) (1)(2) (c); & 727 ET SEQ.,
fr. 1-10-18
Docket 72
NONE LISTED -
Continue hearing to give movant an opportunity to file a motion to reopen case. (No fee is required for this type of motion.) The event code that movant should use is "Reopen BK Case for Violation of Discharge Injunction under 11 U.S.C. Sec. 524 (Ch 7)-No Fee (motion)."
Tentative Ruling for January 24, 2018:
Case has now been reopened. Mr. Vanderputt filed a document entitled "declaration," but it is not signed under penalty of perjury and therefore does not constitute testimony; however, even if it had been signed under oath, it would not constitute a defense to the debtor's contention that he has willfully violated the discharge injunction.
At the prior hearing on this motion, Mr. Vanderputt admitted on the record that he was well aware of the bankruptcy case. He was given notice in a timely manner with regard to a different claim that he admits was discharged. He had notice of the bankruptcy case in time to file a proof of claim with regard to any other claim he might have wanted to assert and in time to file an action objecting to the dischargeability of any of his claims. He did neither with
11:00 AM
regard to the claim that he has been attempting to enforce in nonbankruptcy court. Notwithstanding letters from debtor's counsel asserting that the claim he was asserting had been discharged and explaining why, Mr. Vanderputt continued his efforts to collect on this claim. Mr. Vanderputt was apparently of the belief that only his larger ($295,000) claim was discharged because only that claim was scheduled in the bankruptcy and that his smaller ($70,000) claim had not been discharged. This is an inaccurate statement of the law. (To the extent that Mr. Vanderputt is attempting to argue that the debtors have reaffirmed this smaller obligation, although they are free to voluntarily repay this or any other debt, they are not legally obligated to do so
-- and cannot be sued for their failure to do so -- unless this court approved a reaffirmation agreement between the parties, which it did not.)
Find Mr. Vanderputt in contempt for violating discharge injunction and require him to reimburse debtors for the costs that they have incurred in connection with their efforts to get him to cease and desist. Based on the court's review of the supplemental declarations filed by debtors' counsel, unless the parties have agreed to a different figure, impose compensatory sanctions upon Mr.
Vanderputt in the amount of $13,285.70 (outstanding balance on Exhibit B-3, plus $3,000 payment from debtors).
Debtor(s):
Sunil F De Silva Represented By
Cheryl L Christopher Todd J Roberts
Joint Debtor(s):
Janesri W De Silva Represented By
Cheryl L Christopher Todd J Roberts
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Docket 1
Notice of rescheduled hearing mailed to parties. Hearing rescheduled to FEBRUARY 28, 2018 @ 2PM.
Set deadline for service of bar date and bar date.
Order authorizing counsel's employment was signed/entered June 14, 2017. Debtor is an attorney who consults, yet the vast majority of the income reflected on the budget is "monthly support." Is this from her ex-husband? Approximately how many hours per week does debtor spend doing legal- related work?
Where is the debtor currently living? Is the Bentley property habitable? What happened to the property that gave rise to the $70,000 in insurance proceeds? What transpired in the state court that led to the entry of a judgment against the debtor "on procedural grounds"?
Why are there two separate lines that both include the cost of summer school and camp for debtor's child/children? Where do debtor's children go to school? Debtor's financial troubles include, according to the status report, medical bills. Budget does not include a line-item for medical insurance.
Why not? Are these medical bills likely to be recurring or were they the result of a condition that has now been cured or eliminated?
The entries for home insurance and car insurance on the budget are blank. Who pays for these expenses? Does the debtor have a car? There do not
2:00 PM
appear to be any vehicle-related expenses on the budget. Why no? Hearing required.
6/29/17 -- Court signed scheduling order with following dates:
L/D to serve bar date notice -- July 7, 2017 Bar date -- August 31, 2017.
7/6/17 -- Court signed scheduling order with following dates: L/D to serve bar date notice -- July 7, 2017
Bar date -- August 31, 2017.
Cont'd case status conference -- October 4, 2017 at 11:00 a.m. L/D to file updated status report -- September 22, 2017.
Tentative Ruling for October 4, 2017:
How much work remains to be done on the property? Does the debtor have an estimate as to when the property will be in a condition to be rented?
Hearing required.
MATTER RESCHEDULED TO FEBRUARY 28, 2018 AT 2:00 P.M.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
10:00 AM
Adv#: 2:16-01503 Metcalf
Docket 33
NONE LISTED -
1/18/18 -- At request of judgment creditor, examination continued to February 13, 2018 at 10:00 a.m. OFF CALENDAR FOR JANUARY 30, 2018.
Debtor(s):
William Douglas Fisher Represented By
G Marshall Hann
Plaintiff(s):
Marvin Metcalf Represented By Seth M Goldberg
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: WILMINGTON SAVINGS FUND SOCIETY
Docket 48
NONE LISTED -
Grant without waiver of Rule 4001(a)(3) under section 362(d)(2). Fact that movant has not alleged property is declining in value is not relevant under this section.
Debtor(s):
Karine Kenaraki Mansoorian Represented By Nancy Hanna
Movant(s):
Wilmington Savings Fund Society, Represented By
Merdaud Jafarnia
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
10:00 AM
MOVANT: BMW BANK OF NORTH AMERICA
Docket 17
NONE LISTED -
Parties have stipulated to relief. Court has entered order. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Lizandro Salas Represented By Leon D Bayer
Movant(s):
BMW Bank of North America Represented By Bret D. Allen
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: HONDA LEASE TRUST
Docket 13
1/2/318 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 1/30/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Silvia Torres Represented By
Marcus Gomez
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: AMERICREDIT FINANCIAL SERVICES, INC.
Docket 7
1/22/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 1/30/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Ardelyne Chio Represented By Julie J Villalobos
Movant(s):
Americredit Financial Services, Inc., Represented By
Jennifer H Wang
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: 10505 ARRINGTON, LLC.
Docket 7
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Kathryn Elizabeth Thomas Represented By Nicholas M Wajda
Movant(s):
10505 Arrington, LLC Represented By Kevin H Mello
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:30 AM
Docket 376
1/29/18 - Brian Procel, (310)552-5235, has been approved for telephonic appearance on on 1/30/18 @ 11:30am
Hearing required.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
Adv#: 2:16-01503 Metcalf
Docket 32
NONE LISTED -
1/18/18 -- At request of judgment creditor, examination continued to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 30, 2018.
Debtor(s):
William Douglas Fisher Represented By
G Marshall Hann
Plaintiff(s):
Marvin Metcalf Represented By Seth M Goldberg
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Adv#: 2:15-01241 SIEGEL, CHAPTER 7 TR v. The Weinstein Company LLC et al
fr. 4-26-16, 6-28-16, 9-27-16, 11-1-16, 2-7-17, 4-11-17, 7-11-17, 10-17-17
Docket 1
NONE LISTED -
What is the status of this matter? Are the parties on track to complete fact discovery by August 31, 2016? Set continued status conference. Vacate dates set by Judge Neiter for continued status conference and pretrial conference.
6/14/16 -- Court approved stipulation, but continued hearing to September 27, 2016 at 2:00 p.m. (rather than September 13). OFF CALENDAR FOR JUNE 28, 2016.
8/31/16 -- Court approved stipulation continuing status conference to November 1, 2016 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 27, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for November 1, 2016:
Revisit status of action after conclusion of hearings on related motions.
Tentative Ruling for February 7, 2017:
Continue status conference to April 11, 2017 at 2:00 p.m. to be heard concurrently with status conference in related action. APPEARANCES
2:00 PM
WAIVED ON FEBRUARY 7, 2017.
Tentative Ruling for April 11, 2017:
Continue this status conference to July 11, 2017 at 2:00 p.m. Joint status report will be due June 27, 2017. Appearances waived on April 11, 2017.
Tentative Ruling for July 11, 2017:
Set discovery cutoff for late June 2018. Continue status conference for approximately three months. Do the parties anticipate returning for an additional day of mediation? Hearing required.
7/14/17 -- Court signed scheduling order setting deadline for completion of fact discovery for June 29, 2018 and a continued status conference for October 17, 2017 at 2:00 p.m.
10/12/17 -- court approved stipulation continuing hearing to January 30, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 17, 2017.
Tentative Ruling for January 30, 2018:
At request of parties in status report, continue status conference to April 3, 2018 at 2:00 p.m. Paties should file joint status report two weeks prior to continued status conference. OFF CALENDAR FOR JANUARY 30, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Genius Products LLC Pro Se
Defendant(s):
The Weinstein Company LLC Represented By Mette H Kurth Alan R Friedman
The Weinstein Company Holding Represented By
Mette H Kurth
2:00 PM
Alan R Friedman
Plaintiff(s):
ALFRED H SIEGEL, CHAPTER 7 Represented By
David B Shemano James P Menton JR
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman Alfred H Siegel (TR) Lindsey L Smith James P Menton JR David B Shemano
2:00 PM
Adv#: 2:12-01805 Fox et al v. Kamen
fr. 8-21-12, 8-28-12, 1-31-13, 3-28-13, 5-28-13, 11-5-13, 5-27-14, 12-2-14, 5-5-
15, 11-3-15, 2-2-16, 5-24-16, 8-30-16, 10-18-16, 2-7-17, 4-25-17, 5-9-17, 6-27-
17, 7-6-17, 7-11-17, 10-5-17, 10-31-17
Docket 1
1/22/18 - Han Pai,, (213)622-9108, has been approved for telephonic appearance on 1/30/18 @ 2pm
11/27/12 -- Court approved stipulation continuing hearing to March 28, 2013 at 10:00 a.m. OFF CALENDAR FOR JANUARY 31, 2013.
2/1/13 -- Court approved stipulation continuing hearing to May 28, 2013 at 2:00 p.m. OFF CALENDAR FOR MARCH 28, 2013.
3/11/13 -- Court approved stipulation continuing hearing to November 5, 2013 at 2:00 p.m. OFF CALENDAR FOR MAY 28, 2013.
OFF CALENDAR. COURT SIGNED STIPULATION CONTINUING HEARING TO MAY 27, 2014 AT 2:00 P.M.
10/6/14 -- Court signed stipulation setting following dates: L/D to file amended complaint -- March 31, 2015
L/D to respond to amended complaint -- April 30, 2015
2:00 PM
Cont'd status conference -- May 5, 2015 at 2:00 p.m. L/D to object to debtor's discharge -- March 31, 2015.
4/6/15 -- Court signed stipulation setting following dates: L/D to file amended complaint -- September 30, 2015
L/D to respond to amended complaint -- October 30, 2015 Cont'd status conference -- November 3, 2015 at 2:00 p.m. L/D to object to debtor's discharge -- September 30, 2015
OFF CALENDAR FOR MAY 5, 2015.
Tentative Ruling for February 2, 2016:
Revisit status of action after conclusion of hearing on motion for extension of time to file amended complaint.
Tentative Ruling for May 24, 2016:
Order parties to complete a day of mediation prior to date of continued status conference. Continue status conference approximately 90 days.
6/3/16 -- Court signed scheduling order setting following dates: Cont'd status conference -- August 30, 2016 at 2:00 p.m.
L/D to file joint status report -- August 16, 2016
L/D to lodge order appointing mediator -- June 20, 2016 L/D to complete mediation -- August 30, 2016.
8/5/16 -- Court approved order appointing mediator.
Tentative Ruling for August 30, 2016:
Where is the status report that should have been filed by August 16, 2016? Have the parties completed a day of mediation? Hearing required.
9/23/16 -- Court approved scheduling order setting following dates:
2:00 PM
Cont'd status conference -- October 18, 2016 at 2:00 L/D to file joint status report -- October 4, 2016
L/D to complete mediation extended to October 18, 2016
Tentative Ruling for October 18, 2016:
Parties have now completed mediation, which apparently was not successful. Have parties commenced discovery? Hearing required.
Final Ruling for October 18, 2016:
Continue hearing to February 7, 2017 at 2:00 p.m. Parties shall file joint status report not later than January 24, 2017.
Tentative Ruling for February 7, 2017:
Both parties report that there are motions that they intend to file. Set deadline
(s) for the filing of these motions and continue status conference to date that can be used for these hearings.
Tentative Ruling for April 25, 2017:
Joint status report due April 11 was filed on April 19, 2017. Court is confused by the discussion of Mel Kaftan in the status report. Are there possible criminal charges that might be filed against him? If not, even if he might have received preferential transfers, he has no right to refuse to testify if subpoenaed and cannot require the trustee to dismiss claims against him as a condition to his cooperation. What is the court missing?
Hearing required.
5/3/17 -- Court approved stipulation continuing hearing to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 27, 2017:
2:00 PM
Where is the joint status report that should have been filed two weeks before the status conference? Hearing required.
6/26/17 -- Court approved stipulation continuing hearing to July 6, 2017 at 10:00 a.m. OFF CALENDAR FOR JUNE 27, 2017.
6/30/17 -- Court continued hearing to July 11, 2017 at 2:00 p.m. so that it may be heard concurrently with related matters. OFF CALENDAR FOR JULY 6, 2017. NO APPEARANCE REQUIRED.
Tentative Ruling for July 11, 2017:
Tentative ruling for June 27 remains unchanged.
9/22/17 -- Court continued hearing to October 31, 2017 at 2:00 p.m. so that it may be heard concurrently with related matters. OFF CALENDAR FOR OCTOBER 5, 2017. NO APPEARANCE REQUIRED.
Where is the joint status report that should have been filed two weeks prior to the status conference? What is the status of this matter? Hearing required.
Tentative Ruling for January 30, 2018:
At request of plaintiff for reasons set forth in joint status report, continue status conference to April 3, 2018 at 2:00 p.m. Paties should file joint status report two weeks prior to continued status conference. OFF CALENDAR FOR JANUARY 30, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Michael Joel Kamen Represented By Leslie A Cohen Neal Salisian Richard H Lee
Defendant(s):
Michael Joel Kamen Represented By Richard H Lee
2:00 PM
Plaintiff(s):
Commerce Drive, LP Represented By Andy Kong James KT Hunter
Soledad Commons, LLC Represented By Andy Kong James KT Hunter
South City Wichita Partners, LLC Represented By
Andy Kong James KT Hunter
Larchmere Partners, LLC Represented By Andy Kong James KT Hunter
Garson Victory, LLC Represented By Andy Kong James KT Hunter
501 Grant Street Partners, LLC Represented By Andy Kong James KT Hunter
111 Sunset, LP Represented By Andy Kong James KT Hunter
Center City Tower, LP Represented By Andy Kong James KT Hunter
201 North Brand, LLC Represented By Andy Kong James KT Hunter
357 South Broadway, LLC Represented By Andy Kong James KT Hunter
2:00 PM
1530 West Covina Parkway, LLC Represented By
Andy Kong James KT Hunter
Gerson & Gertrude Fox Family Represented By Andy Kong James KT Hunter
Gertrude Fox Represented By
Andy Kong James KT Hunter
Benjamin Nachimson
Gerson Fox Represented By
Andy Kong James KT Hunter
Benjamin Nachimson
Elissa D. Miller Represented By Ryan D ODea
Trustee(s):
Richard J Laski (TR) Represented By Jonathan M Weiss Sasha M Gurvitz
2:00 PM
Adv#: 2:15-01545 Mastan v. Kim et al
fr. 4-25-17, 8-1-17, 10-3-17, 11-14-17, 12-19-17
Docket 1
NONE LISTED -
A notation on the file reflects that Judge Donovan set August 1, 2017 as a discovery cutoff and instructed plaintiff to lodge a scheduling order. Was such an order ever lodged?
Where is the joint (or collective) status report that should have been filed two weeks prior to the April, 2017 status conference? The most recent status report that the Court was able to locate was dated February 15, 2017 and was prepared for a March 1, 2017 status conference.
Order the parties to complete a day of mediation prior to the date of the next status conference.
4/28/17 -- Court approved scheduling order with following dates: Discovery cutoff -- 10/2/17
L/D to lodge order appointing mediator -- 5/30/17 L/D to complete mediation -- 8/1/17
Cont'd status conference -- August 1, 2017 at 2:00 p.m. L/D to file joint status report -- July 18, 2017
2:00 PM
6/9/17 -- Court approved stipulation continuing deadline to complete mediation and discovery cutoff to October 3, 2017 and continuing status conference to October 3, 2017 at 2:00 p.m.
8/23/17 -- Court approved order appointing mediators.
9/7/17 -- Court approved stipulation continuing discovery cutoff to October 31, 2017 and continuing status conference to November 14, 2017 at 2:00 p.m.
OFF CALENDAR FOR OCTOBER 3, 2017.
10/12/17 -- Court approved stipulation continuing discovery cutoff to November 30, 2017 and continuing status conference to December 19, 2017
at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 14, 2017.
12/1/17 -- Court approved stipulation continuing discovery cutoff to January 15, 2018 and continuing status conference to January 30, 2018 at 2:00 p.m.
OFF CALENDAR FOR DECEMBER 19, 2017.
1/3/18 -- Court approved stipulation continuing discovery cutoff to February 13, 2018 and continuing status conference to February 13, 2018 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 30, 2018.
Debtor(s):
WELCOME MANAGEMENT Represented By Phillip H Kwon
Defendant(s):
Sang Hyun Kim Represented By Peter A Kim
Helen Pak Represented By
Peter A Kim
Loren Chang Represented By
Patricia M Bakst
2:00 PM
Hope Healthcare Management, Inc. Represented By
Peter A Kim
Plaintiff(s):
Peter J Mastan Represented By Kyra E Andrassy
Trustee(s):
Peter J Mastan (TR) Represented By
Lei Lei Wang Ekvall Kyra E Andrassy
2:00 PM
Adv#: 2:16-01417 Menchaca et al v. Clayton Group Inc. et al
Clayton Group Inc., Timothy Duffy
fr. 11-15-16, 6-6-17, 7-11-17, 10-3-17
Docket 1
1/23/18 - Steven Shapero, (818)710-1200, has been approved for telephonic appearance on 1/30/18 @ 2pm
Tentative Ruling for February 14, 2017:
The amended complaint was filed back in October. Why haven't all defendants been served? (There is no proof of service on docket.)
Hearing required.
Final Ruling for February 14, 2017:
Continue status conference to June 6, 2017 at 2:00 p.m. Parties should file joint status report by May 23, 2017. Trustee and Main Credit will be amending complaint again to add Main Credit as plaintiff, make a few corrections and add a party.
Tentative Ruling for June 6, 2017:
In status report, trustee states that plaintiff will have filed a motion to substitute Main Credit as the plaintiff by the date of the status conference. Has this occurred?
Tentative Ruling for July 11, 2017:
2:00 PM
Deadline to file/serve response to complaint was July 7, 2017. Clayton Group has filed an answer. Has Timothy Duffy? If not, set deadline for filing request for entry of default and default judgment motion.
How long do the parties anticipate that they will need to complete discovery? Does either/any party anticipate filing any pretrial motions? Should this matter be sent to mediation? Hearing required.
7/14/17 -- Court signed scheduling order setting dicovery cutoff for December 29, 2017 and continued status conference for October 3, 2017 at 2:00 p.m.
Parties shall file joint status report not later than September 19, 2017.
Tentative Ruling for October 3, 2017:
According to the status report, the parties anticipate that they will be done with discovery by January 31, 2018. Are the parties requesting an extension of the discovery cutoff? Hearing required.
10/12/17 -- Court approved scheduling order with following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018 L/D to complete mediation -- January 30, 2018
L/D to lodge order appointing mediator -- October 30, 2017 Discovery cutoff extended to January 31, 2018
Tentative Ruling for January 30, 2018:
Have the parties now completed their day of mediation? If not, why not? If the matter has not settled, continue discovery cutoff to March 15, 2018.
Discuss with parties timing for any contemplated motions for summary judgment or adjudication.
Debtor(s):
RestoreGroup, Corp. Represented By
2:00 PM
Steven R Fox
Defendant(s):
Clayton Group Inc. Represented By Steven J Shapero
Timothy Duffy Pro Se
Plaintiff(s):
John J. Menchaca Represented By David G Jimenez
Main Credit Corp as Successor to Represented By
David G Jimenez
Trustee(s):
John J Menchaca (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
Adv#: 2:15-01648 Main Credit Corp v. Kibby et al
fr. 2-2-16, 4-26-16, 7-19-16, 10-18-16, 1-31-17, 5-16-17, 8-29-17, 10-3-17
Docket 1
1/23/18 - Steven Shapero, (818)710-1200, has been approved for telephonic appearance on 1/30/18 @ 2pm
What is defendant's position with regard to mediation? Hearing required. 2/14/17 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 16, 2017 at 2:00 p.m. L/D to file and serve joint status report -- May 2, 2017 L/D to conduct discovery -- October 31, 2017
Tentative Ruling for May 16, 2017:
Continue status conference to August 29, 2017 at 2:00 p.m. Parties shall file updated status report not later than August 15, 2017. APPEARANCES WAIVED ON MAY 16, 2017.
7/11/17 -- At a hearing held this date in a related adversary proceeding, the Court continued this status conference to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 29, 2017. NO APPEARANCE REQUIRED.
2:00 PM
Tentative Ruling for October 3, 2017:
According to the status report, the parties anticipate that they will be done with discovery by December 31, 2018. Are the parties requesting an extension of the discovery cutoff? Discuss with the parties whether this is an appropriate matter to be sent to mediation.
10/12/17 -- Court approved scheduling order with following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018 L/D to complete mediation -- January 30, 2018
L/D to lodge order appointing mediator -- October 30, 2017 Discovery cutoff extended to January 31, 2018
Tentative Ruling for January 30, 2018:
Have the parties now completed their day of mediation? If not, why not? If the matter has not settled, continue discovery cutoff to March 15, 2018.
Discuss with parties timing for any contemplated motions for summary judgment or adjudication.
Debtor(s):
Charles Clayton Kibby Represented By Jeffrey J Hagen Steven J Shapero
Defendant(s):
Charles Clayton Kibby Represented By Steven J Shapero David G Jimenez
RestoreGroup, Corp. Represented By Steven J Shapero
2:00 PM
David G Jimenez
Clayton Group Inc Represented By Steven J Shapero David G Jimenez
CGI Preservation Represented By Steven J Shapero David G Jimenez
Plaintiff(s):
Main Credit Corp Represented By David G Jimenez
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:16-01010 Moladina v. Naimi
fr. 3-8-16, 5-3-16, 6-28-16, 8-9-16, 11-29-16, 3-28-17, 10-3-17
Docket 1
NONE LISTED -
Set deadline for defendant to respond to amended complaint. Should court hold this action in abeyance while plaintiff prosecutes action under section 727? Hearing required.
8/9/16 -- Defendant consented on record at status conference to entry of final orders once court explained significance of question. Court directed defendant to lodge scheduling order that included court's ruling that paragraphs 9, 15, 24 and all but the first sentence of paragraph 23 of the fourth amended complaint are stricken. Defendant should so state in its answer to complaint and need not respond to allegations contained in stricken portions of complaint. 8/10/16 -- Court signed scheduling order to this effect.
Tentative Ruling for November 29, 2016:
This is a dischargeability proceeding. Plaintiff's consent to entry of a final judgment is not required. The bankruptcy court has jurisdiction to enter a final order in this type of action.
Set discovery cutoff for late March, 2017. Continue status conference for approximately 90 to 120 days. Order parties to complete a day of mediation
2:00 PM
prior to date of continued status conference.
12/20/16 -- Court approved order appointing mediators.
Tentative Ruling for March 28, 2017:
Plaintiff does not consent to entry of a final order by bankruptcy court, but this is a 523 action. Court already has authority to enter a final order and any lack of consent from the parties is irrelevant.
Plaintiff reports that he is ready to proceed to trial, but, now that there is a state court judgment, is this an appropriate matter for a motion for summary judgment on collateral estoppel basis?
Hearing required.
Tentative Ruling for October 3, 2017:
Do the parties have any more information about timing with regard to the state court appeal? The parties report that discovery is now complete. Is there anything that can be accomplished in this adversary proceeding while the state court appeal is pending?
Tentative Ruling for January 30, 2018:
Continue hearing to February 13, 2018 at 2:00 p.m. to be heard concurrently with plaintiff's motion for summary judgment scheduled for hearing that date.
Debtor(s):
Soheil Naimi Represented By
Michael Jay Berger
Defendant(s):
Soheil Naimi Represented By
Michael Jay Berger
2:00 PM
Plaintiff(s):
Abdul Moladina Represented By Eric C Morris
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:17-01384 McKenzie v. Bustamante
fr. 10-17-17
Docket 1
NONE LISTED -
Set discovery cutoff for February 1, 2018. Continue status conference to approximately same time frame. Order parties to complete a day of mediation prior to date of continued status conference.
10/20/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018
L/D to lodge order appointing mediator and alternate mediator -- 11/17/17 L/D to complete mediation -- January 30, 2018
Tentative Ruling for January 30, 2018:
The titles on the status reports were a bit confusing. Court assumes that parties have now both signed off on the report most recently filed January 17, 2018 as docket no. 14?
Case was closed without a discharge in October of 2017 based upon the debtor's failure to file a certificate evidencing the completion of a credit counseling course. This situation is easily remedied with the filing of a form
2:00 PM
motion to reopen to permit the filing of the credit counseling certificate. Parties should have proceeded with mediation.
Does debtor intend to file such a motion? If not, why not?
Hearing required.
Debtor(s):
Anthony Bustamante Represented By Dana M Douglas
Defendant(s):
Anthony Bustamante Represented By Dana M Douglas
Plaintiff(s):
Gary McKenzie Represented By Ronald D Tym
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
fr. 11-8-17
Docket 763
1/17/18 - Tony Bisconti, (949)276-6581, has been approved for telephonic appearance on 1/30/18 @ 2pm
Tentative Ruling for November 8, 2017:
Strike evidentiary objections as late-filed; however, there nevertheless remain factual disputes that the court is not in a position to resolve in a summary manner. Deem this claim objection to be an adversary proceeding for procedural purposes. Do the parties need time to conduct discovery in this matter?
Hearing required.
Final Ruling for November 18, 2018:
Continue status conference to January 30, 2018 at 2:00 p.m. Parties should file joint status report by January 16, 2018. Court will prepare order deeming matter to be adversary proceeding for procedural purposes.
Tentative Ruling for January 30, 2018:
Parties should use form for future status reports. How long do the parties anticipate it will take them to complete discovery in this matter? Is this an appropriate matter to be sent to mediation at this time? Hearing required.
2:00 PM
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Movant(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
Docket 50
1/26/18 - Paul Napoli - (212)397-1000, has been approved for telephonic appearance on 1/30/18 @ 2pm
[Tentative Ruling Withheld]
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Movant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
2:00 PM
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
Docket 58
1/26/18 - Paul Napoli - (212)397-1000, has been approved for telephonic appearance on 1/30/18 @ 2pm
Hearing required.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
2:00 PM
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
fr. 8-1-17, 8-29-17, 10-3-17
Docket 1
1/26/18 - Paul Napoli - (212)397-1000, has been approved for telephonic appearance on 1/30/18 @ 2pm
6/26/17 -- Court approved stipulation continuing defendant's response date to August 4, 2017 and continuing status conference to August 29, 2017 at 2:00
p.m. OFF CALENDAR FOR AUGUST 1, 2017.
8/22/17 -- Court approved stipulation continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 29, 2017.
Tentative Ruling for January 30, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By
2:00 PM
Andrew N Goldfarb Kyra E Andrassy Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:16-01517 Rosendo Gonzalez, Chapter 7 Trustee v. Law Offices of Lior Sadgan, A
Docket 58
NONE LISTED -
4/18/17 -- Court approved stipulation continuing hearing to May 30, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
51117 -- court continued hearing to August 15, 2017 at 2:00 p.m. OFF
CALENDAR FOR MAY 30, 2017.
Tentative Ruling for August 15, 2017:
Review stipulation and its request for relief in light of outcome of hearings on related matters.
9/11/17 -- At request of parties, continue hearing to December 12, 2017 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 12, 2017.
11/30/17 -- At request of parties, continue hearing to January 30, 2018 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 12, 2017.
Tentative Ruling for January 30, 2018:
At the conclusion of the hearing on defendant's motion to dismiss, the parties discussed the termination of the preliminary injunction. Has an order been lodged that addresses this issue? Should the balance of the relief requested by this motion be denied or would movant prefer to withdraw the motion?
Hearing required.
2:00 PM
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
Defendant(s):
Law Offices of Lior Sadgan, A Represented By Raymond H. Aver
Lior Sadgan Represented By
Raymond H. Aver
David Sadgan Represented By Raymond H. Aver
Elana Sadgan Represented By Raymond H. Aver
David Sadgan and Elana Sadgan as Represented By
Raymond H. Aver
Movant(s):
Rosendo Gonzalez, Chapter 7 Represented By Michael F Frank
Plaintiff(s):
Rosendo Gonzalez, Chapter 7 Represented By Michael F Frank
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:16-01517 Rosendo Gonzalez, Chapter 7 Trustee v. Law Offices of Lior Sadgan, A
fr. 1-24-17, 1-10-17, 4-25-17, 8-15-17, 1-9-18
Docket 1
NONE LISTED -
P4/3/17 -- Court approved stipulation continuing hearing to May 9, 2017 at 2:00 p.m. OFF CALENDAR FOR APRIL 25, 2017.
Tentative Ruling for January 30, 2018:
Revisit status of action after conclusion of hearings on related matters.
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
Defendant(s):
Law Offices of Lior Sadgan, A Represented By Raymond H. Aver
Lior Sadgan Represented By
Raymond H. Aver
David Sadgan Represented By Raymond H. Aver
2:00 PM
Elana Sadgan Represented By Raymond H. Aver
David Sadgan and Elana Sadgan as Represented By
Raymond H. Aver
Plaintiff(s):
Rosendo Gonzalez, Chapter 7 Represented By Michael F Frank
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:17-01370 Miller in her Capacity as Chapter 7 Trustee v. Bearbiz Irrevocable Trust et al
Docket 57
NONE LISTED -
Deny motion to dismiss. Trustee may proceed under section 550 against the a party for whose benefit a transfer was made and need not name the party that actually received the funds. The Pachulski firm is not a necessary party. Its rights won't be impaired by any outcome in this case. The ability of a subsequent transferee to retain funds is an entirety separate question from whether the initial transferee or the party for whose benefit the transfer was made is permitted to retain the benefit. If defendant is ordered to return the benefit, she will be required to pay this amount to the trustee. In light of the arguments that movant has herself advanced (as to the existence of an antecedent debt), it seems unlikely that she would be able to recover any amounts she would be required to pay from the Pachulski firm.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Defendant(s):
Bearbiz Irrevocable Trust Pro Se
Theodore Fox Represented By Johnny White
Supreme Studios Represented By Johnny White
2:00 PM
GERTRUDE FOX Represented By Michael D Dempsey
Movant(s):
GERTRUDE FOX Represented By Michael D Dempsey
Plaintiff(s):
Elissa Miller in her Capacity as Represented By Ryan D ODea
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Adv#: 2:17-01370 Miller in her Capacity as Chapter 7 Trustee v. Bearbiz Irrevocable Trust et al
Docket 62
NONE LISTED -
Validity of Bearbiz trust was not litigated in another case by parties in privity with the parties here with a similar incentive, etc. Trustee is not bound by the IRS's failure to raise any issues as to the validity of the trust in the Monrovia- Myrtle case. Deny motion to dismiss first claim for relief.
With regard to the statute of limitations argument, the Court has already rejected the trustee's argument under Schwarzkoph for the reasons set forth in the tentative ruling prior to the hearing on the last motion to dismiss.
However, the trustee may stand in the shoes of the IRS and use the statute of limitations that would be applicable to the IRS. It does not matter that the tax has not yet been assessed. The IRS generally has three years from the filing of a return to assess tax liability against a taxpayer and one year thereafter to assess tax liability against a transferee. Thereafter, the IRS has ten years to collect. According to page 12 of the motion, no return has been filed.
Therefore, assessment of the tax liability can be made at any time and the IRS as of the petition date had the right to assess tax liability against the debtor and any transferee that received property from him. Ebner v. Kaiser (In re Kaiser), 525 B.R. 697 (Bankr. N.D. Ill. 2014) (specifically rejecting the argument advanced by movant that, notwithstanding the longer statute applicable to the IRS, a fraudulent transfer claim can only be brought prior to the expiration of the applicable state statute of limitations.) Deny motion to dismiss second claim for relief.
Deny motion to dismiss third claim for relief. Court is satisfied with trustee's theory of damages -- that entering into a stipulation for the entry of judgment
2:00 PM
pursuant to which the debtor agreed to liability significantly in excess of what was actually owed resulted in damage, namely the inflation of Ultimate Action's claim. The value of that inflation has yet to be determined but will be knowable once the other variables have been ascertained. The amount by which any recovery by Ultimate Action is increased by virtue of this conduct would be the measure of damages recoverable from the responsible party, Ted Fox, in the event of a judgment in favor of plaintiff on the third claim for relief.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Defendant(s):
Bearbiz Irrevocable Trust Pro Se
Theodore Fox Represented By Johnny White
Supreme Studios Represented By Johnny White
GERTRUDE FOX Represented By Michael D Dempsey
Movant(s):
Theodore Fox Represented By Johnny White
Theodore Fox Represented By Johnny White
Plaintiff(s):
Elissa Miller in her Capacity as Represented By Ryan D ODea
2:00 PM
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Adv#: 2:17-01370 Miller in her Capacity as Chapter 7 Trustee v. Bearbiz Irrevocable Trust et al
Supreme Studios, Gertrude Fox fr. 10-3-17, 10-17-17
Docket 1
NONE LISTED -
Revisit status after conclusion of hearings on related matters.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Defendant(s):
Bearbiz Irrevocable Trust Pro Se
Theodore Fox Represented By Johnny White
Supreme Studios Represented By Johnny White
GERTRUDE FOX Represented By Michael D Dempsey
Plaintiff(s):
Elissa Miller in her Capacity as Represented By
2:00 PM
Trustee(s):
Ryan D ODea
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Adv#: 2:17-01413 United States of America ex rel. Gerson Fox et al v. Miller et al
Docket 23
NONE LISTED -
Grant motion. Dismiss first through third claims without leave to amend. Nothing alleged in the complaint constitutes a breach of fiduciary duty or aiding and abetting a breach of fiduciary duty. If movants believe that the trustee is pursuing claims that are not well founded, their remedy is to defend those claims and, if they are successful in defending those claims and can prove that the trustee acted with malice and knew the claims were frivolous, to bring a malicious prosecution action at that time. In the interim, nothing that the trustee has done in this case appears to be inappropriate in any respect. It is her responsibility to investigate and pursue potential claims and assets of the estate and to object to the debtor's discharge if she believes there are grounds to do so, and the Court has already rejected movant's arguments concerning the scope of any claim releases contained in settlement signed in different bankruptcy cases by a different trustee and has already denied the debtor's discharge, demonstrating that it was appropriate for the trustee to bring an objection to his discharge.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Defendant(s):
Elissa D. Miller Represented By Ryan D ODea
2:00 PM
Sulmeyer Kupetz Represented By
T. John Fitzgibbons
International Sureties, Ltd. Pro Se
Movant(s):
Sulmeyer Kupetz Represented By
T. John Fitzgibbons
Plaintiff(s):
United States of America ex rel. Represented By Michael D Dempsey
Gerson Fox Represented By
Michael D Dempsey
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Adv#: 2:17-01413 United States of America ex rel. Gerson Fox et al v. Miller et al
Docket 41
NONE LISTED -
Grant motion, unless Gerson Fox is prepared to waive the benefit of the 21- day safe harbor provision. That is, if Fox is prepared to represent that, even if the hearing were contined to permit the 21-day period to elapse, it would not withdraw the motion, the Court will proceed to hearing and deem the 21-day period to have elapsed. Otherwise, the Court will continue the hearing on the motion to dismiss. Movant has adequately established cause for the requested continuance.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Defendant(s):
Elissa D. Miller Represented By Ryan D ODea
Sulmeyer Kupetz Represented By
T. John Fitzgibbons
International Sureties, Ltd. Pro Se
Plaintiff(s):
United States of America ex rel. Represented By
2:00 PM
Michael D Dempsey
Gerson Fox Represented By
Michael D Dempsey
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Adv#: 2:17-01413 United States of America ex rel. Gerson Fox et al v. Miller et al
Docket 25
NONE LISTED -
See tentative ruling for matter no. 216.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Defendant(s):
Elissa D. Miller Represented By Ryan D ODea
Sulmeyer Kupetz Represented By
T. John Fitzgibbons
International Sureties, Ltd. Pro Se
Movant(s):
Elissa D. Miller Represented By Ryan D ODea
Plaintiff(s):
United States of America ex rel. Represented By Michael D Dempsey
Gerson Fox Represented By
2:00 PM
Trustee(s):
Michael D Dempsey
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Adv#: 2:17-01413 United States of America ex rel. Gerson Fox et al v. Miller et al
fr. 10-31-17, 1-23-17
Docket 1
11/2/17 - Another Summons issued.
12/4/17 - Another Summons issued.
Summons has not yet been served. Response is not yet due. Continue status conference to date that will be after responses have been filed that can serve as date of hearing on motion to dismiss.
Continue hearing to January 23, 2018 at 2:00 p.m. APPEARANCES WAIVED.
1/12/18 -- Court signed order approving stipulation continuing hearing to January 30, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 23, 2018.
Tentative Ruling for January 30, 2018:
Revisit status after conclusion of hearings on related matters.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
2:00 PM
Defendant(s):
Elissa D. Miller Represented By Ryan D ODea
Sulmeyer Kupetz Represented By
T. John Fitzgibbons
International Sureties, Ltd. Pro Se
Plaintiff(s):
United States of America ex rel. Represented By Michael D Dempsey
Gerson Fox Represented By
Michael D Dempsey
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Docket 47
1/29/18 - Summer Shaw, (760)341-8837, has been approved for telephonic appearance on 1/30/18 @ 2pm
Grant motion. Discuss with parties mechanics of implementing settlement. Will there be a judgment entered in the adversary proceeding or a dismissal? Will the parties execute a deed of trust in favor of the trustee?
Hearing required.
Debtor(s):
Demetrius L Reed Pro Se
Movant(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:00 PM
Adv#: 2:17-01299 Avery v. Reed et al
Docket 10
1/29/18 - Summer Shaw, (760)341-8837, has been approved for telephonic appearance on 1/30/18 @ 2pm
11/2/17 -- Court approved stipulation continuing hearing to January 30, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 7, 2017.
Tentative Ruling for January 30, 2018:
Will be deemed resolved if Court approves compromise. Notice of withdrawal should be filed in adversary proceeding.
Debtor(s):
Demetrius L Reed Pro Se
Defendant(s):
Demetrius L Reed Represented By Dina Farhat
Tesha R. Ferguson Represented By Summer M Shaw
Movant(s):
Tesha R. Ferguson Represented By Summer M Shaw
2:00 PM
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:00 PM
Adv#: 2:17-01299 Avery v. Reed et al
Docket 11
1/29/18 - Summer Shaw, (760)341-8837, has been approved for telephonic appearance on 1/30/18 @ 2pm
9/11/17 -- Court approved order appointing mediators.
11/2/17 -- Court approved stipulation continuing hearing to January 30, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 7, 2017.
Tentative Ruling for January 30, 2018:
Will be deemed resolved if Court approves compromise. Notice of withdrawal should be filed in adversary proceeding.
Debtor(s):
Demetrius L Reed Pro Se
Defendant(s):
Demetrius L Reed Represented By Dina Farhat
Tesha R. Ferguson Represented By Summer M Shaw
Movant(s):
Demetrius L Reed Represented By
2:00 PM
Dina Farhat
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:00 PM
Adv#: 2:17-01299 Avery v. Reed et al
fr. 8-15-17, 11-7-17
Docket 1
1/29/18 - Summer Shaw, (760)341-8837, has been approved for telephonic appearance on 1/30/18 @ 2pm
Order parties to complete day of mediation by November 7, 2017. Continue status conference to be heard concurrently with motion to dismiss.
8/17/17 -- Court signed scheduling order continuing status conference to November 7, 2017 at 2:00 p.m. and setting following additional dates:
L/D for parties to complete mediation -- November 7, 2017 L/D to file joint status report -- October 24, 2017
L/D to lodge order appointing mediator -- September 1, 2017 9/11/17 -- Court approved order appointing mediators.
11/2/17 -- Court approved stipulation continuing hearing to January 30, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 7, 2017.
Tentative Ruling for January 30, 2018:
Revisit status after conclusion of hearings on related matters.
2:00 PM
Debtor(s):
Demetrius L Reed Pro Se
Defendant(s):
Demetrius L Reed Represented By Dina Farhat
Tesha R. Ferguson Represented By Summer M Shaw
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
10:00 AM
Docket 45
NONE LISTED -
1/8/18 -- Court approved stipulated order continuing hearing to February 7, 2018 at 10:00 a.m. OFF CALENDAR FOR JANUARY 31, 2018.
Debtor(s):
Sonia Chaisson Represented By
Susan I Montgomery
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 18
NONE LISTED -
Vacate OSC as moot. Case has already been dismissed based on debtor's failure to attend 341(a) meetings.
Debtor(s):
Michael Stephane Bernstein Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Docket 12
NONE LISTED -
Dismiss case based on failure to pay second, third and fourth installments.
Debtor(s):
Babar Zaman Khan Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 3
NONE LISTED -
Petitioning creditor Marcia Jackson failed to provide a valid address for herself. Mail is returned as undeliverable. Court cannot process involuntary petition without being able to contact petitioner. Dismiss case.
Debtor(s):
Simpson Memorial Chapel Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 15
NONE LISTED -
Debtor's sister drives and pays for car. Deny approval of reaffirmation agreement as not being in debtor's best interest.
Debtor(s):
Lizandro Salas Represented By Leon D Bayer
Movant(s):
KIA Motors Finance Company Represented By Angela C Williams
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 124
1/25/18 - Michael De'Alba, (310)277-0077, has been approved for telephonic appearance on 1/31/18 @ 10am
Grant motion. Approve compromise. Waive appearances. Movant should upload order consistent with tentative ruling.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz
10:00 AM
Docket 101
NONE LISTED -
Grant.
Debtor(s):
The Pomona Partnership Represented By Ralph Ascher
Trustee(s):
CASE REOPENED/CLOSED Pro Se
10:00 AM
Docket 102
NONE LISTED -
Deny motion. If debtor had been more forthcoming about the number of its creditors, this matter would not have taken as long or have been as costly. Court does not believe that petitioner acted unreasonably in any respect or that petition was filed for an improper purpose. Matter could just as easily have resulted in entry of order for relief.
Debtor(s):
The Pomona Partnership Represented By Ralph Ascher
Trustee(s):
CASE REOPENED/CLOSED Pro Se
10:00 AM
Docket 141
NONE LISTED -
Grant motion. Waive appearances. Movants should upload order consistent with tentative ruling.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
10:00 AM
Docket 151
1/10/18 - Notice of Unavailability filed for Attorney Gary Starre, Attorney for Creditor, 3200 North San Fernando, LLC from 1/23/18 through 1/29/18.
No objections were filed in a timely manner. Court entered order converting case on January 23, 2018. No appearance required.
Debtor(s):
Shepherd University Represented By Jaenam J Coe
Trustee(s):
Bradley D. Sharp (TR) Represented By Elissa Miller
10:00 AM
Adv#: 2:17-01414 SDRES Partners, LLC, a Delaware limited liability v. Orange Grove Seating,
fr. 11-7-17
Docket 16
1/29/18 - Mikel Bistrow, (619)400-0520, has been approved for telephonic appearance on 1/31/18 @ 10am
Tentative Ruling for November 7, 2017:
Dismiss cross-complaint for want of subject matter jurisdiction. To the extent that the Court has jurisdiction over the original action, it would be because it is a core matter that arises under the bankruptcy code, in that it requires an interpretation of section 549 of the bankruptcy code. The cross-complaint, however, does not rely on an interpretation of section 549 and cannot in any sense be characterized as a core action. The cross-complaint is one for breach of contract, specific performance, etc. that arises under state law and do not have any impact on the assets or administration of the bankruptcy estate and is not therefore within the bankruptcy court's related-to jurisdiction. And the issues that it raises will not necessarily be adjudicated by the court in resolving the underlying action and does not arise out of the same set of facts and circumstances (namely, the manner in which the contract was executed, the prior conduct of the debtor, the relationships among the parties).
Final Ruling for November 7, 2018:
Continue hearing to January 310, 2018 at 10:00 a.m. as a holding date. No new briefing. Trail motion with status conference. (Court will adjudicate 549 and 363 issues. If Court decides that contract is not enforceable, rest of matter will be resolved. If contract is enforceable, court should then dismiss
10:00 AM
cross-complaint for want of jurisdiction.)
Tentative Ruling for January 31, 2018:
Keep trailing matter with status conference.
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra Lisa Lenherr
Defendant(s):
Orange Grove Seating, LLC, a Represented By J Scott Bovitz
BundB Productions, LLC, a Pro Se
Movant(s):
SDRES Partners, LLC, a Delaware Represented By
David S Kupetz Jessica Vogel Steven Werth
Cantor Group, LLC, a California Represented By
David S Kupetz Jessica Vogel Steven Werth
SDRES Partners, LLC, a Delaware Pro Se Cantor Group, LLC, a California Pro Se
Plaintiff(s):
SDRES Partners, LLC, a Delaware Represented By
David S Kupetz Jessica Vogel Steven Werth
10:00 AM
Cantor Group, LLC, a California Represented By
David S Kupetz Jessica Vogel Steven Werth
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
10:00 AM
Adv#: 2:17-01414 SDRES Partners, LLC, a Delaware limited liability v. Orange Grove Seating,
fr. 10-31-17, 11-7-17
Docket 1
1/29/18 - Mikel Bistrow, (619)400-0520, has been approved for telephonic appearance on 1/31/18 @ 10am
Set discovery cutoff for late April, 2017. Continue status conference to approximately same time frame. Discuss prospect of mediation with the parties.
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra Lisa Lenherr
Defendant(s):
Orange Grove Seating, LLC, a Represented By J Scott Bovitz
BundB Productions, LLC, a Pro Se
Plaintiff(s):
SDRES Partners, LLC, a Delaware Represented By
10:00 AM
David S Kupetz Jessica Vogel Steven Werth
Cantor Group, LLC, a California Represented By
David S Kupetz Jessica Vogel Steven Werth
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
10:00 AM
Docket 974
NONE LISTED -
Sustain objection. Disallow claim in its entirety.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
Docket 972
NONE LISTED -
Sustain objection. Disallow all but $18,777 of the claim. Allow as a general unsecured claim in this amount.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
Docket 970
NONE LISTED -
Sustain objection. Disallow claim in its entirety.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
#16.00 Liquidating Trustee's Omnibus Objection to Claims: Claim No. Claimant:
97 Claimant Emory Park, Inc.,
171 Lovely Planet US LLC
175 Soda Export B.V.
Docket 968
NONE LISTED -
Sustain objection. Reclassify claims as general unsecured claims.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
Claim No. | Claimant: | |
351 | Euler Hemes N.A. Agent for Premier Packaging | |
9 | Inmod,Inc. | |
110 | Discovery Health Services | |
136 | H&D Accessories, LLC. | |
361 | Model Two Management, LLC. | |
117 | People 2.0 Global, LLC. | |
69 | Shoeboos Limited | |
354 | Shred-It, USA, LLC. | |
362 | Wells Fargo Vendor Financial Services, LLC. | |
Docket | 966 | |
Courtroom Deputy: - NONE LISTED - |
Sustain objection. Disallow claim nos. 351, 9, 110, 136, 361, 117, 69, 354 and 362 as duplicate claims.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier
10:00 AM
Movant(s):
Kevin Meek Lorie A Ball David B Shemano
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
#18.00 Liquidating Trustee's Omnibus Objection to Claims: Claim No. Claimant:
160 Alliance Apparel Group, Inc.
255 Amber Grapentin
289 Andersen Tax, LLC. - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
31 Cape Robbin
140 Chambong Industries, LLC.
223 Conetempo Card Company, Inc.
275 Dina Benmoshe
274 Farfetch.com US, LLC.
181 Luv AJ, LLC.
248 Lyst Limited
321 National Union Fire Insurance Company of Pittsburgh
343 Odilza Vital
349 Printfresh, LLC. dba PF Vintage
224 Reward Style, Inc.
292 Salesforce.com, Inc.
201 Shine Papers
10:00 AM
71 So It Goes The Label
310 State Board of Equalization of California
318 Steps Apparel Group, Inc.
134 T&S Clothing, LC
176 The Book Cellar
261 Thrive Capital Partners, II, L.P.
155 Venroy Australia, LLC.
272 Yahoo!
202 American Express Travel Related Services Company, Inc. - CONT'D. TO 4/4/18 @ 10AM
156 Arzz International, Inc. dba Schultz
30 Bagatelle International, Inc.
304 Bestseller Wholesale US, LLC.
253 B-Low The Belt
323 EKSD, Inc.
333 Envista, LLC.
158 Florii, Inc. dba ICCO
147 House of Zhivago PTY, LTD.
65 JC Trimming Company, Inc.
10:00 AM
267 Les Modes How Intl.
166 Love + Harmony, Inc.
38 Loveriche
319 Lucy Paris - CONT'D. TO 4/4/18 @ 10AM
133 Lux Los Angeles
193 Nesco Resource, LLC.
279 New Merit Apparel, Inc.
334 Nouveau Fabrics, Inc.
265 Premier Packaging, LLC.
63 Rustin and Mallory Wholesale LTD.
175 Scotch & Soda Export B.V.
105 Shoeboos LTD.
157 Six Crisp Days, Inc.
219 Systems Integration Specialists, Inc.
73 The Line-6ix, Inc.
90 Urge Footwear
10 Western Fashion, Inc.
10:00 AM
Docket 964
- NONE LISTED -
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 193, 202 and 219 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claim no. 319 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/29/18 -- Objections to claims 289 has been withdrawn. Tentative Ruling for January 31, 2018:
Claimant agrees that "claim" no. 261 is a proof of interest. Continue hearing on the objection to this claim for parties to agree upon form of order on objection.
Sustain objections to, and disallow, the following claims in their entirety: Claim nos:
160
255
289
31
140
223
275
10:00 AM
274
181
248
321
343
349
224
292
201
71
310
318
134
176
155
272
Sustain objections to, and disallow, the claims on Exhibit B to proposed order to the extent that they exceed the amounts set forth on Exhibit B, except for claim nos. 202, 147, 319, 193 and 219.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
10:00 AM
Kevin Meek
10:00 AM
Docket 981
NONE LISTED -
Sustain objection. Calculation of amounts due under section 365(d)(3) is a different issue from whether or not an obligation qualifies as a post-petition administrative claim. The difference becomes moot if the debtor assumes the lease, but, if the lease is rejected, the difference remains.
The billing or reconciliation date is irrelevant for the purpose of an administrative claim analysis. The issue is the period to which the charges relate. If the charges relate to the prepetition period, they are a prepetition claim. If they relate to the post-petition period (including the stub period), they are a post petition claim.
Sustain objection and disallow claim to the extent that charges relate to the post-petition period.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
#20.00 Liquidating Trustee's Omnibus Objection to Claims: Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc. - CONT'D. TO 4/4/18 @ 10AM
136 H & D Accessories
114 Hera Collection, Inc.
10:00 AM
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion - CONT'D TO 4/4/18 @ 10AM
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC. - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
193 Nesco Resource, LLC. - CONT'D. TO 4/4/18 @ 10AM
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC. - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
205 Rehab
10:00 AM
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc. - CONT'D. TO 4/4/18 @ 10AM
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions - CONT'D. TO 4/4/18 @ 10AM
219 Systems Integration Specialists - CONT'D. TO 4/4/18 @ 10AM
301 Triump Business Captial/Frasie
123 United Healthcare - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
37 Very J,Inc.
272 Yahoo!, Inc. - CONT'D. TO 4/4/18 @ 10AM
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd. - CONT'D. TO 4/4/18 @ 10AM
Docket 977
- NONE LISTED -
10:00 AM
1/19/18 -- Court approved stipulation continuing hearing on objection to claim no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/29/18 -- Movant has withdrawn objections to claim nos. 2, 335 and 123. Tentative Ruling for January 31, 2018:
Has debtor explored whether there are any affirmative defenses available to the holders of these claims? Are any of these ordinary course payments?
Are there any new value defenses? Has anyone made demand on any of these parties to return the allegedly preferential transfers? Does the debtor intend to pursue any of these transfers? If not, why not?
Hearing required.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
Docket 976
- NONE LISTED -
Did debtor ever serve notice of termination of the contract or reject the contract with Contentful? Hearing required.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 12-20-17
Docket 947
- NONE LISTED -
12/18/17 -- Court approved stipulation continuing hearing to January 31, 2018 at 10:00 a.m. OFF CALENDAR FOR DECEMBER 20, 2017. NO APPEARANCE REQUIRED.
1/17/18 -- Court approved stipulation continuing hearing to APRIL 4, 2018 at 10:00 a.m. OFF CALENDAR FOR JANUARY 31, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
Docket 1
- NONE LISTED -
12/20/16 -- At hearing held this date, Court continued case status conference to January 5, 2017 at 10:00 a.m. OFF CALENDAR FOR JANUARY 4, 2017.
Tentative Ruling for January 5, 2017:
Future status reports need not repeat information contained in prior reports. Court is interested in knowing about the current case status, recent developments, current challenges, etc.
Set deadline for service of bar date notice and bar date for filing proofs of claim. Set deadline for filing plan and disclosure statement.
1/6/17 -- court signed scheduling order setting following dates: 1/13/17 -- L/D to serve notice of bar date
2/8/17 at 2:00 p.m. -- continued case status conference 3/17/17 -- Bar date
3/31/17 -- L/D to file plan and disclosure statement (requirement of status report waived for Feb 8 conference)
Tentative Ruling for March 8, 2017:
Continue case status conference to a date that would coincide with the anticipated date of a hearing on a disclosure statement.
10:00 AM
3/16/17 -- Court signed scheduling order setting following dates:
L/D to file plan and disclosure statement -- April 5, 2017 Cont'd status conference -- May 17, 2017 at 11:00 a.m. Status report waived.
Hearing on disclosure statement -- May 17, 2017 at 11:00 a.m.
Tentative Ruling for May 17, 2017:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for July 25, 2017:
If court confirms plan, set post-confirmation status conference for approximately 180 days after effective date.
Tentative Ruling for January 24, 2018:
Continue status conference to January 31, 2018 at 10:00 a.m. to be heard concurrently with objections to claim scheduled for hearing that date. No new status report is required for that continued status conference. OFF CALENDAR FOR JANUARY 24, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 31, 2018:
Continue status conference for approximately 6 months. Set new deadline for filing updated status report.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball
10:00 AM
Docket 453
- NONE LISTED -
Tentative Ruling for August 16, 2017:
Deny approval of request for insider compensation as moot. Court will not approve compensation for any post-petition period prior to the filing of the notices and there was no such compensation.
Final Ruling for August 16, 2017:
Briefing closed. Court will deny request as moot for reasons set forth in tentative, but, in the interim, continue hearing to September 13, 2017 at 11:00
a.m. as a holding date, ultimately to be combined into the final order on matter no. 202 on calendar (Dorn Platz Management, Inc.'s Renewed Request for Allowance and Payment of Administrative Claim).
Tentative Ruling for September 13, 2017:
Matter into which this should be combined for purpose of a final order has been continued to November 15, 2017 at 11:00 a.m. Continue this matter to same date and time to keep the two together.
Tentative Ruling for November 15, 2017:
Matter into which this should be combined for purpose of a final order has been continued to January 31, 2018 at 10:00 a.m. Continue this matter to same date and time to keep the two together. OFF CALENDAR. NO
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APPEARANCE REQUIRED.
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Doran Lofts, LLC Represented By James A Tiemstra Lisa Lenherr Anastasia E Bessey James A Tiemstra
Christopher O Rivas
Movant(s):
Doran Lofts, LLC Represented By James A Tiemstra Lisa Lenherr Anastasia E Bessey James A Tiemstra
Christopher O Rivas
10:00 AM
fr. 8-16-17, 9-13-17, 11-15-17
Docket 439
- NONE LISTED -
Court has already found, and court again finds, that Dorn Platz Management, Inc. ("DPM") is an insider of the debtor. If not a statutory insider, then certainly an insider nevertheless by virtue of the closeness of its relationship with the debtor, its overlapping owners and the management of both the debtor and DPM by Greg Galletly.
If the interests of the two daughters are considered together, DPM is a statutory insider. As the daughters own, through San Fernando Red, Troubled Assets and Insatiable Assets, more than 20 percent of the debtor, they are an affiliate of the debtor, and an affiliate of the debtor is an insider within the meaning of section 101(31) of the bankruptcy code. The debtor acknowledged as much in its Schedule D, Exhibit F to the RFJN at page 35, and in the declaration of Greg Galletly in support of the motion when Galletly argues that the making of undocumented loans is ordinary in the industry when the loans are made by insiders.
Similarly, the daughters are insiders of San Fernando Red, which is itself an affiliate of the debtor, and an insider of an affiliate is an insider within the meaning of section 101(31).
The Court agrees that it is the UST's intention to requrie the filing of notices of insider compensation before any compensation may be paid to an insider and that, even after such a notice is filed, the UST's view is that the only post- petition compensation that should be paid is compensation that accrues after
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the filing of the notice. These are the UST's guidelines, but it is the practice of this Court to enforce these guidelines absent extenuating circumstances. There are no extenuating circumstances here. The debtor was well aware from the inception of the case that DPM would be considered an insider. The debtor itself characterized DPM as such in its schedules. It would completely undermine the purpose of the insider compensation requirement to permit approval of insider compensation arrangements nunc pro tunc on facts such as these. The notice was filed 15 months into the case and only after the court refused to allow compensation based on the fact that such a notice was never filed. Accordingly, deny (with prejudice) request for compensation for management services in the amount of $19,905.72.
With regard to the request for allowance of a claim for advances to pay expenses of $22,893.62 and post-petition loans of $49,592.57, court does not have any admissible evidence to support the conclusion that amounts were actually advanced or loans were actually made. Ms. Barclay talks about DPM's business records, but does not provide copies of any of them. The documents that she supplies are summaries that she has prepared based on her review of these documents. They are not the underlying documents themselves. She has not supplied any document or record made at or about the time of the alleged advances or loans that were placed in DPM's files in accordance with DPM's customary business practices, etc., that reflects the fact that any expenses were ever paid for the benefit of the debtor or that any loans were actually made to the debtor. Her testimony is therefore hearsay not within any exception and violates the best evidence rule.
Further, with regard to the alleged loans, the only evidence in the record to support the conclusion that it was within the debtor's ordinary course of business to obtain undocumented loans or advances from DPM is the conclusory and self-serving declaration of Greg Galletly.
Continue hearing to give claimant an opportunity to supply actual documentation to support its contention that it made loans to, or advanced monies for the benefit of, the debtor and that these loans were in the ordinary course of business for the debtor. (Galletly does testify that such loans would be ordinary course within the industry and offers evidence to support his contention that he is qualified as an expert with regard to such matters.)
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8/30/17 -- Court approved stipulation continuing hearing to November 15, 2017 at 10:00 a.m. and continuing filing deadlines. OFF CALENDAR FOR SEPTEMBER 13, 2017.
11/2/17 -- Court approved stipulation continuing hearing to January 31, 2018 at 10:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for January 31, 2018:
Now that plan has been confirmed, this motion is moot, no? Shouldn't motion be withdrawn?
Debtor(s):
Doran Lofts, LLC Represented By James A Tiemstra Lisa Lenherr Anastasia E Bessey James A Tiemstra
Christopher O Rivas
10:00 AM
fr. 8-2-17, 8-30-17, 9-13-17, 11-15-17
Docket 411
- NONE LISTED -
7/12/17 -- Court approved stipulation continuing hearing to August 30, 2017 at 10:00 a.m. and continuing filing deadlines. OFF CALENDAR FOR AUGUST 2, 2017.
8/17/17 -- Court approved stipulation continuing hearing to September 13, 2017 at 10:00 a.m. and continuing filing deadlines. OFF CALENDAR FOR AUGUST 30, 2017.
8/28/17 -- Court approved stipulation continuing hearing to November 15, 2017 at 10:00 a.m. and continuing filing deadlines. OFF CALENDAR FOR SEPTEMBER 13, 2017.
11/2/17 -- Court approved stipulation continuing hearing to January 31, 2018 at 10:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Doran Lofts, LLC Represented By James A Tiemstra Lisa Lenherr
10:00 AM
Movant(s):
Anastasia E Bessey James A Tiemstra Christopher O Rivas
Doran Lofts, LLC Represented By James A Tiemstra Lisa Lenherr Anastasia E Bessey James A Tiemstra
Christopher O Rivas
10:00 AM
fr. 9-13-17, 11-15-17
Docket 446
- NONE LISTED -
8/30/17 -- Court approved stipulation continuing hearing to November 15, 2017 at 10:00 a.m. and continuing filing deadlines. OFF CALENDAR FOR SEPTEMBER 13, 2017.
11/2/17 -- Court approved stipulation continuing hearing to January 31, 2018 at 10:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for January 31, 2018:
Now that court has confirmed debtor's plan, request for confirmation of creditor's plan needs to be denied. Creditor withdrew request for confirmation of first amended plan. Court assumes that this was intended to cover second amended plan as well, no?
Debtor(s):
Doran Lofts, LLC Represented By James A Tiemstra Lisa Lenherr Anastasia E Bessey James A Tiemstra
Christopher O Rivas
10:00 AM
Docket 342
1/29/18 - Mikel Bistrow, (619)400-0521, has been approved for telephonic appearance on 1/31/18 @ 10am
Deny motion to extend exclusivity. Court hopes that opening up the plan confirmation process will level the playing field and give the debtor greater incentive to negotiate with East West Bank.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
fr. 11-29-17
Docket 291
1/29/18 - Mikel Bistrow, (619)400-0521, has been approved for telephonic appearance on 1/31/18 @ 10am
Certain of EWB's objections to the disclosure statement are well-taken. The Court has a number of additional comments/corrections concerning the form of the document. All of this will be discussed on the record at the time of hearing on the disclosure statement.
OFF CALENDAR. DEBTOR HAS NOW FILED FOURTH AMENDED DISCLOSURE STATEMENT.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
Docket 353
1/29/18 - Mikel Bistrow, (619)400-0521, has been approved for telephonic appearance on 1/31/18 @ 10am
Certain of EWB's objections to the disclosure statement are well-taken. The Court has a number of additional comments/corrections concerning the form of the document. All of this will be discussed on the record at the time of hearing on the disclosure statement.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
Docket 1
1/29/18 - Mikel Bistrow, (619)400-0521, has been approved for telephonic appearance on 1/31/18 @ 10am
5/22/17 -- Court granted motion setting bar date of August 9, 2017. Tentative Ruling for May 31, 2017:
Continue case status conference to date that can serve as date of hearing on disclosure statement, unless debtor plans to commence payments instead of filing plan on 90th day.
Tentative Ruling for June 14, 2017:
Debtor has now filed plan and disclosure statement. Continue case status conference to date of hearing on disclosure statement.
Tentative Ruling for August 2, 2017:
Continue case status conference to date of continued hearing on disclosure statement.
8/31/17 -- Court signed order continuing hearing to October 18, 2017 at 2:00
p.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for January 31, 2018:
Revisit status of case after conclusion of hearing on disclosure statement.
10:00 AM
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
fr. 1-10-18
Docket 259
- NONE LISTED -
If the debtor succeeds in confirming a plan that pays unsecured creditors in full, any distribution that the debtor may want to make to Bank of American will not adversely affect any other creditor. However, debtor has not yet confirmed such a plan and, in the interim, court agrees that the proposed settlement appears rather generous to Bank of America in light of its failure to file a timely proof of claim. As the parties contemplate that the claim will be paid over time under the debtor's plan, there does not appear to be any urgency to the court's approving the compromise now rather than later.
Continue hearing to permit compromise to be considered concurrently with confirmation of the debtor's plan.
Tentative Ruling for January 31, 2018:
Continue to trail motion for approval of compromise with confirmation-related hearings.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
Docket 18
1/2/318 - Steven Berman, (813)227-2332, has been approved for telephonic appearance on 1/31/18 @ 10am
The fact that a 341(a) meeting has been held does not mean that a 2004 examination is unnecessary. Motion adequately outlines creditor's basis for requesting an examination.
Nondebtor parties may be required by subpoena to travel up to 100 miles of their residences to attend an examination. Based on the information available to movant, the address to which the debtor's principals are required to travel is 20 miles from the residence of Mr. elliot and 26 miles from the residence of Mr. Moore. The declaration of Mr. Hagen in opposition to the motion states, "although I do not have specific knowledge of the current location of the principals, I do not believe that they are in Florida." This hardly constitutes evidence that the subpoenas require declarants to travel more than 100 miles from their residences. Absent admissible evidence to this effect, court will grant motion and authorize examinations at the location specified in the subpoenas.
Debtor(s):
Green-Light International, LLC Represented By David S Hagen
Movant(s):
Raven Asset-Based Opportunity Represented By
Steven M Berman
10:00 AM
Raven Asset-Based Opportunity Represented By
Steven M Berman
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
fr. 1-10-18
Docket 3
- NONE LISTED -
Tentative Ruling for January 10, 2018:
Is the petitioning creditor even a creditor? The response filed talks about the petitioning creditor having invested in the debtor. What do the supporting documents say with regard to this investment? Hearing required.
Final Ruling for January 10, 2018:
Continue hearing to January 31, 2018 at 11:00 a.m. Petitioner should file and serve on debtor not later than January 24, 2018 supplemental declaration and documentation showing what the $50,000 was. Was it a loan? Was it an equity investment? Is it fully secured?
Tentative Ruling for January 31, 2018:
Nothing has been filed. Dismiss case for want of a qualified petitioning creditor.
Debtor(s):
795 Fairfield Circle LLC Pro Se
2:00 PM
Docket 1
- NONE LISTED -
6/20/17 -- Court signed order setting bar date of August 11, 2017 and directing debtor to file and serve bar date notice not later than June 27, 2017.
Tentative Ruling for July 12, 2017:
Does the debtor own an interest in her employer, Cyrene? Even if she succeeds in getting a lump sum payment from her employer in the near future that permits her to resolve her present financial crisis, according to the status report, she has received only sporadic income from her employer since 2012. Is there any reason to believe that her income from this employer is likely to become more regular in the near future? If not, how does the debtor hope to avoid the reoccurrence of financial problems after the case is dismissed or a plan is confirmed?
Hearing required.
7/14/17 -- Court signed order setting December 15, 2017 as the last day to file a plan and disclosure statement.
Tentative Ruling for October 18, 2017:
Court agrees that it is time for the debtor to sell her real property. If she fails to move forward promptly with a sale procedure, the court will convert the case. When does the debtor anticipate filing her application to employ a
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broker?
Final Ruling for October 18, 2017:
Continue status conference to January 31, 2018 at 2:00 p.m. Court will waive the requirement that debtor file an updated status report if it is having a hearing on a disclosure statement concurrently with the January 31, 2018 status conference. Otherwise, debtor should file and serve a status report by January 19, 2018.
Tentative Ruling for January 31, 2018:
No plan has been filed. Debtor disregarded court's direction to list property immediately rather than waiting until after the holiday season. Instead, debtor deferred listing property until January 18 and sought an extension of the deadline to file a plan. The court granted that motion in part and extended deadline for filing plan and disclosure statement to March 9, 2018.
According to the case status report, debtor still is not earning any income from her employment at Cyrene as the company has not yet closed a transaction. How is the debtor paying her living expenses? What other sources of cash does the debtor have? Who is paying her living expenses?
Why should this case remain in chapter 11 at all if debtor has no income. Property can just as easily be sold in chapter 7.
Hearing required.
Debtor(s):
Veronica Cazarez Represented By Martin J Brill Todd M Arnold
10:00 AM
Adv#: 2:12-02182 J.T. Thorpe Settlement Trust et al v. Mandelbrot et al
fr. 12-12-17
Docket 299
12/22/17 - Notice of hearing returned to the Court as "Return to Sender, Attempted - Not Known, unable to forward" for Michael Mandelbrot and the Mandelbrot Law Firm.
1/24/18 - Eve Karasik, (310)229-1234, has been approved for telephonic appearance on 2/1/18 @ 10am
1/31/18 - Stephen Snyder, (310)229-1234, has been approved for telephonic appearance on 2/1/18 @ 10am
1/31/18 - Jeanine Donohue, (415)901-8600, has been approved for telephonic appearance on 2/1/18 @ 10am
1/31/18 - Sara Beth Brown, (775)324-5511, has been approved for telephonic appearance on 2/1/18 @ 10am
Set briefing schedule for the parties to brief the following legal issues, which, based on the Ninth Circuit's opinion, are the only open issues, and a date for a (non-evidentiary) hearing on these issues:
Whether plaintiffs have waived the right to argue that federal law governs the enforceability of the parties' settlement agreement?
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If there has been no such waiver, does federal law govern (rendering Cal. Bus. Prof. Code section 16600 and Cal. R. Prof. Conduct 1-500(A) and Nevada common law inapplicable)?
If state law governs this dispute, should the Court apply California law or Nevada law?
If California law is the appropriate law for this court to apply, do either (or both) of the above California authorities render the parties' settlement agreement unenforceable? (The parties' discussion/analysis of this issue should include consideration of the Ninth Circuit's opinion in Golden v. Cal. Emergency Physicians Med. Group, 782 F.3d 1083 (9th Cir. 2015).)
If Nevada law applies, is the agreement an unenforceable restraint on defendants' ability to practice law?
Tentative Ruling for February 1, 2018: Rulings on Plaintiffs' Evidentiary Objections:
Sustain objection for lack of foundation. Declaration does not explain where these numbers come from or how declarant could possibly have this information without referring to documents that are not produced or made admissible under the business records exception.
Sustain (see objection 1).
Sustain (not relevant).
Sustain (see objection 1).
Overrule.
Overrule.
Overrule.
Sustain (lack of foundation).
Overrule.
Overrule.
Sustain (lack of personal knowledge/hearsay).
Sustain (lack of personal knowledge/hearsay).
Sustain (lack of foundation/speculative).
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Overrule.
Sustain (not relevant).
As to statements attributed to Dennis Davis, sustain for lack of relevance. As to balance of quoted testimony, sustain for lack of personal knowledge/lack of foundation/hearsay.
Sustain (not relevant).
Sustain (not relevant)
Sustain (legal argument, not testimony).
Sustain (lack of foundation).
Sustain (lack of foundation, not relevant).
Sustain (lack of foundation, not relevant).
Sustain (legal argument, not testimony; not relevant).
Sustain (legal argument, not testimony).
Sustain (lack of foundation, hearsay).
Tentative Ruling on Merits:
Plaintiffs have not waived the right to argue that federal law governs. (The parties agree that Nevada law does not apply.) That argument was preserved in several locations throughout the operative papers, but was not addressed by the bankruptcy court or the district court as neither court believed that California law prohibited enforcement of the settlement agreement. Thus, there was no conflict between state and federal law and no reason to discuss preemption of federal law.
If there is no conflict, both state and federal law can be enforced. However, were there a conflict, federal law would necessarily control. Under applicable federal law, the federal interest in ensuring the integrity of the trusts' administration of asbestos claims pursuant to section 524(g) would permit the enforcement of the TDP approved by the court in accordance with its terms. Moreover, federal courts and federal law control who may practice and who may be barred from practicing in a federal forum. The trusts, as creatures created by federal law and by federal court order, would be governed by the same principle.
With regard to Cal. R. Prof. Conduct 1-500(A), the Court agrees that the decision of this court and the district court that this rule does not prohibit
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enforcement of the settlement agreement was not reversed on appeal and is law of the case. And, in any event, this court sees no reason to reach a different result on this issue now. As the district court explained, the settlement agreement here does not deny the public access to a lawyer who prevailed against the defendant in a prior action. Instead, it protects the public from one who submitted unreliable evidence that led to further scrutiny, audits and expenses. This Rule was designed to avoid the conflict that would arise between attorney and client and the public policy issues associated with the idea that a defendant might only be willing to pay a plaintiff a particular settlement amount if it could be assured that it would not be sued again by a different party represented by the same attorney. That is not what is transpiring here. Mandelbrot was not representing a client who was a party to the settlement agreement. He was himself the client. And, in any event, even as applied to a fact pattern like that of the instant case, there would nevertheless be a rule of reason that governs whether a given agreement is enforceable that would provide for a balancing between competing interests. For the reasons discussed below with regard to Cal. Bus. & Prof. Code section 16600, the restraint in this case easily passes a rule of reason when the competing interests are balanced.
On the undisputed, admissible facts of this case, applying the reasoning of and the standard articulated in Golden, the Court remains persuaded that the settlement agreement is enforceable notwithstanding section 16600. In Golden, the Circuit reversed the holding of the district court that section 16600 only applies in the context of traditional non-compete clauses in employment agreements. Nothing in the caselaw or language of the statute limits section 16600 in this respect.
The Circuit in Golden clarifies that, in the context of a traditional non-compete clause in an employment agreement or an agreement in which an employee is leaving his employer, there is a settled legislative policy in favor of open competition and employee mobility, leading to a strict standard under which such clauses are struck down. See Edwards v. Arthur Andersen, 44 Cal. 4th 937. That is not this case. Mandelbrot was never employed by the trusts and this dispute does not arise out of his employment or the termination of his employment. Outside of the employment context, Golden stands for the propostion that the court should apply a "rule of reason" to assess whether
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the contract is enforceable and should strike down the restriction only if it is a restraint of a substantial character on the employee's practice. The Circuit therefore remanded the case for the district court to apply this standard to determine whether the agreement in question was such a restraint.
A key fact in Golden that led to the concern that there might be a substantial restraint on the employee's practice was that the settlement agreement prohibited the doctor not only from working for hospitals currently owned or managed by the CEP, but also at any facility that CEP may acquire or contract to manage at some point in the future. CEP was "a large consortium of over 1000 physicians that manages or staffs many emergency rooms, inpatient clinics, and other facilities in California and other, mostly Western states." Thus, there was a very real concern in Golden that, as CEP continued to grow and swallow up hospitals and practices, there would be nowhere left for the doctor to practice.
None of these concerns is present here. The prohibition on Mandelbrot's submission of claims applies only to the four trusts that were parties to the settlement agreement. It does not apply to any other trusts that may be created in the future or any other trusts in which any of the same parties may be involved at some point down the road. There is no concern that the scope of the limitations will continue to creep and eventually consume all available practice areas. Moreover, the scope of the type of work that Mandelbrot will not be able to perform will be very limited. He will remain free to perform all of the other types of services that he has testified his firm performs and will remain free to submit claims to the many many other asbestos trusts listed on his website. A doctor cannot effectively practice medicine if there are no clinics or hospitals at which he may ply his craft. An attorney can still practice law without any difficulties if he is precluded from submitting asbestos claims to four different asbestos trusts. Any resulting impact on his ability to practice law is very limited and more than outweighed by the need for the trusts to be able to perform their fiduciary duties and ensure the integrity of the expedited claims analysis process.
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Debtor(s):
Jt Thorpe Inc Represented By
Brian L Davidoff Michael H Ahrens Charles J Malaret
Defendant(s):
Michael J. Mandelbrot Represented By Michael Mandelbrot Merle Meyers David N Chandler
The Mandelbrot Law Firm Represented By Michael Mandelbrot Merle Meyers David N Chandler
Plaintiff(s):
J.T. Thorpe Settlement Trust Represented By Gabriel I Glazer Gregory K Jones Danielle A Pham Eve H Karasik Daniel J Bussel
Thorpe Insulation Company Represented By Gabriel I Glazer Gregory K Jones Danielle A Pham Eve H Karasik Daniel J Bussel
10:00 AM
MOVANT: U.S. BANK, NA
Docket 15
- NONE LISTED -
Grant motion without waiver of Rule 4001(a)(3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included the transfer of an interest in property without movant's consent and multiple bankruptcy filings affecting this property.
Debtor(s):
Consuelo Romo Pro Se
Movant(s):
U.S. Bank National Association Represented By Brandye N Foreman
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER, USA, INC.
Docket 10
1/29/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 2/6/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Nery Humberto Galdamez Jr. Represented By Gregory M Shanfeld
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
LLC in the amount of $44,755.88
fr. 6-15-16, 7-20-16, 9-7-16, 12-1-16, 2-8-17, 4-12-17, 4-26-17, 5-17-17, 7-5-17
9-13-17, 10-18-17, 12-19-17
Docket 220
- NONE LISTED -
If there is a valid lien, the Court cannot/will not avoid that lien in response to a claim objection based on the lender's failure to attach a copy of the recorded lien. Debtor must commence an adversary proceeding under FRBP 7001 to determine the validity of a lien.
The fact that claimant may have paid the invoiced amounts post-petition does not make this into an administrative claim. There was no post-petition benefit to the estate. The claim relates back to services/benefits provided to the debtor for the post-petition period. The fact that no actionable cause of action may have accrued under nonbankruptcy law until after the petition was filed does not make this a post-petition claim.
Any state law issues should be resolved through arbitration, but whether any amounts due claimant are secured, unsecured or administrative claims must be resolved by this Court.
7/18/16 -- Court approved stipulation continuing hearing to September 7, 2016 at 2:00 p.m. OFF CALENDAR FOR JULY 20, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for September 7, 2016:
10:00 AM
What, if anything, has happened on this matter since June 15, 2016? Tentative Ruling for December 1, 2016:
Court has reviewed debtor's status report. It does not appear that anything has happened since the last hearing, except that the debtor has provided counsel for the claimants with drafts of a proposed case management order. Is that correct? What steps must be taken to bring this matter to a resolution?
Tentative Ruling for February 8, 2017:
What is the status of this matter? Hearing required.
Tentative Ruling for April 12, 2017:
On calendar as a status conference/holding date. Revisit motion after conclusion of related matters on calendar.
Tentative Ruling for April 26, 2017:
Continue to date of final sale hearing as holding date.
Tentative Ruling for May 17, 2017:
Revisit status after conclusion of hearing on sale motion.
6/8/17 -- At hearing held this date, Court agreed to continue hearing to July 5, 2017 at 11:00 a.m. OFF CALENDAR FOR JUNE 14, 2017.
Tentative Ruling for October 18, 2017:
What is the status of this matter? Hearing required.
Tentative Ruling for February 2, 2018:
10:00 AM
What is the status of this matter? Hearing required.
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra Lisa Lenherr
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
10:00 AM
LLC in the amount of $299,923.59
fr. 6-1-16, 6-15-16, 7-20-16, 9-7-16, 12-1-16, 2-8-17, 4-12-17, 4-26-17, 5-17-17
fr. 7-5-17, 9-13-17, 10-18-17, 12-19-17
Docket 159
- NONE LISTED -
5/23/16 -- Court signed order continuing hearing on objection to June 15, 2016 at 10:00 a.m. OFF CALENDAR FOR JUNE 1, 2016.
Tentative Ruling for June 15, 2016:
Sustain objection insofar as it notes that a claim for attorneys' fees as the prevailing party is premature. Arbitration Award #11 does not include such fees. Any amounts due the prevailing party for these particular claims should be resolved through arbitration.
7/18/16 -- Court approved stipulation continuing hearing to September 7, 2016 at 2:00 p.m. OFF CALENDAR FOR JULY 20, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for September 7, 2016:
What, if anything, has happened on this matter since June 15, 2016? Tentative Ruling for December 1, 2016:
Court has reviewed debtor's status report. It does not appear that anything has happened since the last hearing, except that the debtor has provided
10:00 AM
counsel for the claimants with drafts of a proposed case management order. Is that correct? What steps must be taken to bring this matter to a resolution?
Tentative Ruling for February 8, 2017:
What is the status of this matter? Hearing required.
Tentative Ruling for April 12, 2017:
On calendar as a status conference/holding date. Revisit motion after conclusion of related matters on calendar.
Tentative Ruling for April 26, 2017:
Continue to date of final sale hearing as holding date.
Tentative Ruling for May 17, 2017:
Revisit status after conclusion of hearing on sale motion.
6/8/17 -- At hearing held this date, Court agreed to continue hearing to July 5, 2017 at 11:00 a.m. OFF CALENDAR FOR JUNE 14, 2017.
Tentative Ruling for October 18, 2017:
What is the status of this matter? Hearing required.
Tentative Ruling for February 2, 2018:
What is the status of this matter? Hearing required.
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra
10:00 AM
Trustee(s):
Lisa Lenherr
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
10:00 AM
LLC in the amount of $160,000.00
fr. 6-1-16, 6-15-16, 7-20-16, 9-7-16, 12-1-16, 2-8-17, 4-12-17, 4-26-17, 5-17-17
7-5-17, 9-13-17, 10-18-17, 12-19-17
Docket 163
- NONE LISTED -
5/23/16 -- Court signed order continuing hearing on objection to June 15, 2016 at 10:00 a.m. OFF CALENDAR FOR JUNE 1, 2016.
Tentative Ruling for June 15, 2016:
Court agrees that parties' respective obligations under nonbankruptcy law are to be resolved through arbitration, but court agrees with debtor that there does not appear to be any basis for the allowance of this claim. The opposition to the objection does not articulate one. Under what theory would claimant be entitled to recover its attorneys' fees for enforcing the settlement agreement? The settlement agreement does not contain a prevailing party attorneys' fee clause.
7/18/16 -- Court approved stipulation continuing hearing to September 7, 2016 at 2:00 p.m. OFF CALENDAR FOR JULY 20, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for September 7, 2016:
What, if anything, has happened on this matter since June 15, 2016? Tentative Ruling for December 1, 2016:
10:00 AM
Court has reviewed debtor's status report. It does not appear that anything has happened since the last hearing, except that the debtor has provided counsel for the claimants with drafts of a proposed case management order. Is that correct? What steps must be taken to bring this matter to a resolution?
Tentative Ruling for February 8, 2017:
What is the status of this matter? Hearing required.
Tentative Ruling for April 12, 2017:
On calendar as a status conference/holding date. Revisit motion after conclusion of related matters on calendar.
Tentative Ruling for April 26, 2017:
Continue to date of final sale hearing as holding date.
Tentative Ruling for May 17, 2017:
Revisit status after conclusion of hearing on sale motion.
6/8/17 -- At hearing held this date, Court agreed to continue hearing to July 5, 2017 at 11:00 a.m. OFF CALENDAR FOR JUNE 14, 2017.
Tentative Ruling for October 18, 2017:
What is the status of this matter? Hearing required.
Tentative Ruling for February 2, 2018:
What is the status of this matter? Hearing required.
10:00 AM
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra Lisa Lenherr
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
10:00 AM
LLC in the amount of $69,527.98
fr. 6-1-16, 6-15-16, 7-20-16, 9-7-16, 12-1-16, 2-8-17, 4-12-17, 4-26-17, 5-17-17
fr. 7-5-17, 9-13-17, 10-18-17, 12-19-17
Docket 161
- NONE LISTED -
5/23/16 -- Court signed order continuing hearing on objection to June 15, 2016 at 10:00 a.m. OFF CALENDAR FOR JUNE 1, 2016.
Tentative Ruling for June 15, 2016:
Can/should the Court adjudicate this claim before the parties have completed their arbitration? Hearing required.
7/18/16 -- Court approved stipulation continuing hearing to September 7, 2016 at 2:00 p.m. OFF CALENDAR FOR JULY 20, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for September 7, 2016:
What, if anything, has happened on this matter since June 15, 2016? Tentative Ruling for December 1, 2016:
Court has reviewed debtor's status report. It does not appear that anything has happened since the last hearing, except that the debtor has provided counsel for the claimants with drafts of a proposed case management order.
10:00 AM
Is that correct? What steps must be taken to bring this matter to a resolution?
Tentative Ruling for February 8, 2017:
What is the status of this matter? Hearing required.
Tentative Ruling for April 12, 2017:
On calendar as a status conference/holding date. Revisit motion after conclusion of related matters on calendar.
Tentative Ruling for April 26, 2017:
Continue to date of final sale hearing as holding date.
Tentative Ruling for May 17, 2017:
Revisit status after conclusion of hearing on sale motion.
6/8/17 -- At hearing held this date, Court agreed to continue hearing to July 5, 2017 at 11:00 a.m. OFF CALENDAR FOR JUNE 14, 2017.
Tentative Ruling for October 18, 2017:
What is the status of this matter? Hearing required.
Tentative Ruling for February 2, 2018:
What is the status of this matter? Hearing required.
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra
10:00 AM
Trustee(s):
Lisa Lenherr
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
10:00 AM
LLC in the amount of $150,988.96
fr. 6-15-16, 7-20-16, 9-7-16, 12-1-16, 2-8-17, 4-12-17, 4-26-17, 5-17-17, 7-5-17
9-13-17, 10-18-17, 12-19-17
Docket 218
- NONE LISTED -
With regard to calendar no. #8 (claim no. 28), was a lien actually recorded? Has anyone done a lien check? If there is a valid lien, the Court cannot/will not avoid that lien in response to a claim objection based on the lender's failure to attach a copy of the recorded lien. Debtor must commence an adversary proceeding under FRBP 7001 to determine the validity of a lien.
The attachment to the proof of claim, page 44 of 7, states that the claim is an administrative claim because the work was done and the invoices were paid post-petition. The debtor disputes this and claims that all but one invoice is for work done prepetition. Neither contention appears to be correct. Page 7 of 7 has a signature date and an order date that are prepetition (October 13, 2015). Court cannot determine whether the work had already been completed at the time the invoice was issued or not. Page 6 of 7 has an invoice date of February 11, 2016 and an order date of February 10, 2016.
This appears to be a post-petition invoice, but when was the work actually performed? Court cannot determine from page 5 of 7 when the work was done. There do not appear to be any dates whatsoever on the document, other than the final line of the document, which reads, "Cost basis: January 29, 2014." The Court does not know what this means and there does not appear to be any evidence in the record to explain this notation.
How does claimant arrive at the total $150,998.96, as the attached invoices total $145,988.96? Is the balance interest?
10:00 AM
Hearing required.
7/18/16 -- Court approved stipulation continuing hearing to September 7, 2016 at 2:00 p.m. OFF CALENDAR FOR JULY 20, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for September 7, 2016:
Court entered order June 22, 2016 authorizing payment of arbitration fees so that arbitration could go forward to resolve this claim. What, if anything, has happened since then? Hearing required.
Tentative Ruling for December 1, 2016:
Court has reviewed debtor's status report. It does not appear that anything has happened since the last hearing, except that the debtor has provided counsel for the claimants with drafts of a proposed case management order. Is that correct? What steps must be taken to bring this matter to a resolution?
Tentative Ruling for February 8, 2017:
What is the status of this matter? Hearing required.
Tentative Ruling for April 12, 2017:
On calendar as a status conference/holding date. Revisit motion after conclusion of related matters on calendar.
Tentative Ruling for April 26, 2017:
Continue to date of final sale hearing as holding date.
Tentative Ruling for May 17, 2017:
10:00 AM
Revisit status after conclusion of hearing on sale motion.
6/8/17 -- At hearing held this date, Court agreed to continue hearing to July 5, 2017 at 11:00 a.m. OFF CALENDAR FOR JUNE 14, 2017.
Tentative Ruling for October 18, 2017:
What is the status of this matter? Hearing required.
Tentative Ruling for February 2, 2018:
What is the status of this matter? Hearing required.
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra Lisa Lenherr
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
10:00 AM
fr. 6-1-16, 6-15-16, 7-20-16, 9-7-16, 12-1-16, 2-8-17,4-12-17, 4-26-17, 5-17-17
7-5-17, 9-13-17, 10-18-17, 12-19-17
Docket 165
- NONE LISTED -
5/23/16 -- Court signed order continuing hearing on objection to June 15, 2016 at 10:00 a.m. OFF CALENDAR FOR JUNE 1, 2016.
Tentative Ruling for June 15, 2016:
Court agrees that parties' respective obligations under nonbankruptcy law are to be resolved through arbitration, but court agrees with debtor that there does not appear to be any basis for the allowance of this claim. The opposition to the objection does not articulate one. Under what theory would claimant be entitled to recover its attorneys' fees for enforcing the settlement agreement? Claimant is not a party to the settlement agreement and the settlement agreement does not contain a prevailing party attorneys' fee clause.
7/18/16 -- Court approved stipulation continuing hearing to September 7, 2016 at 2:00 p.m. OFF CALENDAR FOR JULY 20, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for September 7, 2016:
What, if anything, has happened on this matter since June 15, 2016?
10:00 AM
Tentative Ruling for December 1, 2016:
Court has reviewed debtor's status report. What is the status of this claim objection? Has it been carved out of the mediation? Is it now moot? Hearing required.
Tentative Ruling for February 8, 2017:
What is the status of this matter? Hearing required.
Tentative Ruling for April 12, 2017:
On calendar as a status conference/holding date. Revisit motion after conclusion of related matters on calendar.
Tentative Ruling for April 26, 2017:
Continue to date of final sale hearing as holding date.
Tentative Ruling for May 17, 2017:
Revisit status after conclusion of hearing on sale motion.
6/8/17 -- At hearing held this date, Court agreed to continue hearing to July 5, 2017 at 11:00 a.m. OFF CALENDAR FOR JUNE 14, 2017.
Tentative Ruling for February 2, 2018:
What is the status of this matter? Hearing required.
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra Lisa Lenherr
10:00 AM
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
10:00 AM
Docket 1041
- NONE LISTED -
A dismissal of this sort is much too complicated. Title 11 has procedures for claim resolutions and bankruptcy court oversight of distributions. We should use them and not attempt to create something else to replace it. There are also procedures for the approval of compensation for professionals. The court will not abdicate its responsibility to oversee the allowance of professional fees and simply dispense with this process in light of the fact that the parties have agreed on the compensation to be paid. If the trustee does not want to prepare a plan, convert case to chapter 7 instead. Distributions can occur under chapter 7.
Are there compromises that are ready to be approved now that the court should approve prior to the conversion? Are there compromises about amounts in which disputed claims should be allowed (other than professional fees)?
With regard to the stipulation between Altadena and BGM, the Court does not ordinarily approve stipulations that govern plan treatment, as it does not know what it means to approve such an agreement. The parties are free to agree that the debtor will propose a plan containing a particular treatment and that the creditor will support a plan that contains that treatment, but the court will not order that the creditor will receive a particular plan treatment other than by confirming a plan that contains provisions to this effect.
Hearing required.
10:00 AM
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra Lisa Lenherr
Movant(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
10:00 AM
Docket 1038
- NONE LISTED -
Grant motion. Approve compromise.
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra Lisa Lenherr
Movant(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
10:00 AM
fr. 3-9-16, 4-13-16, 6-1-16, 6-15-16, 7-20-16, 9-7-16, 12-1-16, 1-11-17, 2-8-17,
4-12-17, 4-26-17, 5-17-17, 7-5-17, 9-13-17, 11-2-17, 12-19-17
Docket 1
- NONE LISTED -
1/26/16 -- At hearing held this date, Court agreed to move status conference to 2:00 p.m. on March 9, 2016 and debtor to file motion and set it for hearing at 2:00 p.m. on March 9, 2016. MOVED TO AFTERNOON CALENDAR.
Tentative Ruling for March 9, 2016:
Continue case status conference to April 13, 2016 at 2:00 p.m. to be heard concurrently with whatever motion debtor has filed and set for hearing on that date.
Tentative Ruling for April 13, 2016:
Revisit status of case after conclusion of related matters on calendar. If court grants relief from stay in response to motions on calendar this afternoon, will there be anything left of this case? Hearing required.
5/23/16 -- Court signed order continuing status conference to June 15, 2016 at 10:00 a.m. OFF CALENDAR FOR JUNE 1, 2016.
6/8/16 -- At hearing held this date, Court continued case status conference to date of continued hearing on disclosure statement, namely, July 20, 2016 at 2:00 p.m. OFF CALENDAR FOR JUNE 15, 2016. NO APPEARANCE REQUIRED.
10:00 AM
7/18/16 -- Court approved stipulation continuing hearing to September 7, 2016 at 2:00 p.m. OFF CALENDAR FOR JULY 20, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for January 11, 2017:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for February 8, 2017:
What is the status of this matter? Hearing required.
Tentative Ruling for April 12, 2017:
On calendar as a status conference/holding date. What is the status of this chapter 11 case? Hearing required.
Tentative Ruling for April 26, 2017:
Continue to date of final sale hearing as holding date.
Tentative Ruling for May 17, 2017:
Revisit status after conclusion of hearing on sale motion.
6/8/17 -- At hearing held this date, Court agreed to continue hearing to July 5, 2017 at 11:00 a.m. OFF CALENDAR FOR JUNE 14, 2017.
Tentative Ruling for July 5, 2017:
Court has reviewed trustee's disclosure statement. Has order approving cash collateral stipulation been lodged? Where does trustee plan to go from here? Hearing required.
Tentative Ruling for November 2, 2017:
10:00 AM
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for February 6, 2018:
Revisit status of case after conclusion of hearings on related matters.
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra Lisa Lenherr
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
2:00 PM
Adv#: 2:16-01389 Richard K. Diamond, Chapter 7 Trustee v. Jacqueline Ann Meek,
fr. 4-25-17, 8-1-17, 8-15-17
Docket 1
- NONE LISTED -
Set discovery cutoff date and deadline for plaintiff to file motion for summary judgment or partial summary adjudication. Continue status conference to date that can be used as hearing on motion for summary judgment.
7/12/17 -- Court approved stipulation continuing hearing to August 15, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 1, 2017.
Tentative Ruling for August 15, 2017:
Revisit status of action after conclusion of hearing on motion for summary judgment or partial summary adjudication.
Tentative Ruling for October 17, 2017:
Discovery has closed. Do the parties need to reopen discovery on the issue of the value of AVRS? Set deadlines concerning expert disclosures and expert discovery.
10/23/17 -- Court approved scheduling order with following dates: 10/31/17 -- L/D to exchange names and addresses of expert witnesses
2:00 PM
12/15/17 -- L/D to exchange expert witness reports 1/16/18 -- L/D to conduct depositions of expert witnesses 1/23/17 -- L/D to lodge proposed joint pretrial order 2/6/18 at 2:00 p.m. -- Pretrial conference
12/18/17 -- Court approved stipulation setting following dates:
L/D for parties to file and exchange expert witness reports -- January 8, 2018 L/D to depose experts -- February 6, 2018
L/D to lodge joint pretrial order -- February 13, 2018 Pretrial conference -- February 27, 2018 at 2:00 pm
OFF CALENDAR FOR FEBRUARY 6, 2018.
Debtor(s):
Gary Meek Represented By
Jeremy Faith
Defendant(s):
Jacqueline Ann Meek, Individually Represented By
Michael J Conway James R Felton
Yi S Kim
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Steven Werth Elissa Miller
Trustee(s):
Richard K Diamond (TR) Represented By Elissa Miller Steven Werth
2:00 PM
Adv#: 2:16-01370 Local Initiative Health Authority for Los Angeles v. Cook
fr. 4-25-17, 8-1-17, 11-7-17
Docket 1
- NONE LISTED -
Are parties still on track to complete discovery by April 30, 2017? Set discovery cutoff. Do either of the parties anticipate filing any pretrial motions? Why don't parties want matter sent to mediation? Hearing required.
7/12/17 -- Court signed scheduling order setting following dates: Cont'd status conference -- August 1, 2017 at 2:00 pm
L/D to file joint status report -- July 18, 2017
L/D for pretrial motions to be filed -- June 20, 2017 Discovery cutoff -- April 30, 2017
Tentative Ruling for August 1, 2017:
Set pretrial conference for approximately 90 days. Order parties to complete a day of mediation prior to date of pretrial conference.
8/4/17 -- Court approved scheduling order setting following dates:
2:00 PM
Pretrial Conference -- November 7, 2017 at 2:00 p.m. L/D to lodge pretrial order -- October 24, 2017
L/D to lodge order appointing mediator -- August 29, 2017 L/D to complete mediation -- November 7, 2017.
Tentative Ruling for November 7, 2017:
Neither the stipulation nor the order discusses the disposition of the claim under section 727. Is it the parties' intention to dismiss this claim? Was notice served on creditors of their opportunity to step into the plaintiff's shoes for the purpose of prosecuting this claim? What are the respective merits of the 523 and the 727 claims? Hearing required.
1/10/18 -- Court approved stipulation for entry of judgment. Plaintiff needs to lodge judgment.
JUDGMENT ENTERED. ADVERSARY PROCEEDING CLOSED.
Debtor(s):
PAUL M COOK Represented By Stephen R Wade
Defendant(s):
Paul M. Cook Represented By
Stephen R Wade
Plaintiff(s):
Local Initiative Health Authority for Represented By
David Billings
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:16-01477 Wipranik v. Marome et al
fr. 1-3-17, 4-4-17, 6-27-17, 8-29-17, 10-3-17
Docket 1
- NONE LISTED -
Revisit status of action after conclusion of hearing on motion to dismiss.
2/13/17 -- Court signed order extending deadline to file amended complaint until February 11, 2017. Responses shall be filed and served by March 8, 2017. Any hearing on a motion to dismiss shall be set for April 4, 2017 at 2:00 p.m.
6/19/17 -- Court signed order appointing mediators.
Tentative Ruling for June 27, 2017:
Have the parties now completed their initial exchanges under Rule 7026? If not, why not? Hearing required.
Tentative Ruling for August 29, 2017:
Parties are scheduled to attend mediation on August 31, 2017. Continue status conference to October 3, 2017. Appearances waived on August 29, 2017 on this matter.
Tentative Ruling for October 3, 2017:
2:00 PM
What is the status of this matter? Did the parties attend a mediation on August 31, 2017? Hearing required.
1/30/18 -- Court approved stipulation continuing hearing to April 10, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 6, 2018.
Debtor(s):
Herzl Ben Marome Represented By Shai S Oved Leslie Richards
Defendant(s):
Does 1 Through 10 Inclusive Pro Se
Herzl Ben Marome Represented By Shai S Oved
Plaintiff(s):
Yona Wipranik Represented By Stella A Havkin
Trustee(s):
John J Menchaca (TR) Represented By
M Douglas Flahaut Sevan Gorginian Aram Ordubegian
Christopher K.S. Wong
2:00 PM
Adv#: 2:17-01461 Avery v. St. Blue, Inc. et al
Michael P. Newman fr. 11-7-17
Docket 1
- NONE LISTED -
Answer to complaint was filed on October 30, 2017. How much time do the parties anticipate that they will need for discovery? Is this an appropriate matter to be sent to an early mediation? Have the parties made the initial exchanges required by FRBP 7026? Hearing required.
Tentative Ruling for February 6, 2018:
Continue hearing to February 14, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of compromise. OFF CALENDAR FOR FEBRUARY 6, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Steven S Yang Represented By Joon M Khang
Defendant(s):
St. Blue, Inc. Represented By
Leon Small
2:00 PM
Saplings Restaurant Group, Inc. Pro Se
APEX Law Group, APC Pro Se
John Byung Lee Pro Se
Michael P. Newman Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:00 PM
Adv#: 2:17-01261 GUANGDONG SHUNXIN SEA FISHERY GROUP CO., LTD. v. LI
7-11-17, 7-25-17, 8-1-17, 12-5-17
Docket 1
- NONE LISTED -
In federal court, a stipulation to extend time to respond to a complaint is not binding unless it is approved by the Court. Parties should upload order approving their stipulation re extension of time.
Continue status conference to July 25, 2017 at 2:00 p.m. to be heard concurrently with motion to dismiss. OFF CALENDAR FOR JULY 11, 2017. NO APPEARANCE REQUIRED.
7/12/17 -- Court approved stipulation extending deadline to respond to complaint.
7/12/17 -- Court approved stipulation extending deadline for plaintiff to file first amended complaint.
Tentative Ruling for August 1, 2017:
Where is the status report that should have been filed two weeks prior to the status conference? Have the parties met and conferred as required by FRBP 7026? How long do the parties anticipate it will take to complete discovery? Does either party contemplate any pretrial motions? Hearing required.
2:00 PM
8/14/17 -- Court signed scheduling order setting following dates:
Cont'd status conference -- December 5, 2017 at 2:00 p.m. L/D to file joint status report -- November 21, 2017
L/D to complete mediation -- December 5, 2017
L/D to lodge order appointing mediator -- August 31, 2017
11/29/17 -- Court approved stipulation continuing hearing to February 6, 2018 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 5, 2017.
Tentative Ruling for February 6, 2018:
Local Rules require that, when a paper is filed less than 14 days before a hearing, it not be served by mail on the judge. A more expedited method of delivery is required.
Parties should use the court's joint status report form so that all of the questions that appear on that form are answered.
Have the parties done their initial exchanges? How long do they anticipate that it will take to complete discovery? Does either party contemplate filing any pretrial motions, etc.
Hearing required.
Debtor(s):
NING LI Represented By
Michael Y Lo
Defendant(s):
NING LI Represented By
Giovanni Orantes Michael H Weiss
2:00 PM
Plaintiff(s):
GUANGDONG SHUNXIN SEA Represented By
Steven P Chang
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:17-01280 Rund, chapter 7 trustee for the chapter 7 estate o v. Li
fr. 7-25-17, 8-1-17, 12-5-17
Docket 1
- NONE LISTED -
Why haven't the parties met and conferred as required by LBR 7026-1? What pretrial motions do the parties contemplate? Why doesn't plaintiff want this matter sent to mediation? Hearing required.
11/22/17 -- court approved stipulation continuing hearing to February 6, 2018 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 5, 2017.
1/23/18 -- Court approved stipulation continuing hearing to April 10, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 6, 2018.
Defendant(s):
Ning Li Represented By
Michael H Weiss
Plaintiff(s):
Jason M. Rund, chapter 7 trustee for Represented By
Victor A Sahn David J Richardson
2:00 PM
2:00 PM
Adv#: 2:17-01286 S.S.C., Inc., a California corporation v. LI
fr. 7-25-17, 8-1-17, 12-5-17, 1-23-18
Docket 1
- NONE LISTED -
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to the date of the continued status conference.
8/4/17 -- Court signed scheduling order with following dates:
Cont'd status conference -- December 5, 2017 at 2:00 p.m. L/D to file joint status report -- November 21, 2017
L/D to lodge order appointing mediator -- August 31, 2017 L/D to complete mediation -- December 5, 2017
11/22/17 -- court approved stipulation continuing hearing and deadline to complete mediation to January 23, 2018 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 5, 2017.
12/11/17 -- Court approved stipulation continuing status conference to February 6, 2018 at 2:00 p.m. and deadline to complete mediation to February 5, 2018.
2:00 PM
Tentative Ruling for February 6, 2018:
The parties report that this matter has settled. They have filed a stipulation for the entry of judgment and a notice of lodgment of the judgment itself, but they have not actually lodged the judgment (which means that the notice of lodgment is false). Therefore, the court can't sign or enter the judgment.
When will the judgment be lodged?
2/5/18 -- Court approved judgment for entry. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
NING LI Represented By
Michael Y Lo
Defendant(s):
NING LI Represented By
Michael H Weiss
Plaintiff(s):
S.S.C., Inc., a California corporation Represented By
David L Prince
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:17-01462 M2 Lease Funds, LLC v. Li
fr. 11-7-17
Docket 1
- NONE LISTED -
Tentative Ruling for November 7, 2017:
What is going on with the ingot machine? Was it picked up? If so, how does this impact this action.
Discuss with the parties whether this is an appropriate matter to be sent to an early mediation.
Hearing required.
Tentative Ruling for February 6, 2018:
Court will not keep a settled adversary open for 14 months. Either the Court can dismiss the action, reserving jurisdiction to vacate the dismissal and enter a judgment in the event of a default or the court can enter a judgment now that the plaintiff stipulates will not be enforced so long as certain payments are made.
Debtor(s):
Chunming Li Represented By
Maria W Tam
2:00 PM
Defendant(s):
Chunming Li Represented By
Maria W Tam
Plaintiff(s):
M2 Lease Funds, LLC Represented By Andrew K Alper
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:17-01463 Blue Bridge Financial, LLC v. Li
fr. 11-7-17
Docket 1
- NONE LISTED -
Has this matter been settled too? If not, continue status conference approximately 90 to 120 days and order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Chunming Li Represented By
Maria W Tam
Defendant(s):
Chunming Li Represented By
Maria W Tam
Plaintiff(s):
Blue Bridge Financial, LLC Represented By Andrew K Alper Maria W Tam
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:17-01560 Shepherd University v. Global Merchant Cash, Inc
Docket 1
- NONE LISTED -
OFF CALENDAR. ACTION HAS BEEN DISMISSED.
Debtor(s):
Shepherd University Represented By Jaenam J Coe
Defendant(s):
Global Merchant Cash, Inc Pro Se
Plaintiff(s):
Shepherd University Represented By Jaenam J Coe
Trustee(s):
Bradley D. Sharp (TR) Represented By Elissa Miller
2:00 PM
Adv#: 2:16-01480 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
fr. 1-10-17, 4-4-17, 4-25-17, 5-9-17, 6-13-17, 8-22-17, 10-3-17
Docket 1
- NONE LISTED -
12/22/16 -- Court approved stipulation continuing hearing to April 4, 2017 at 2:00 p.m. and waiving status report for that conference. OFF CALENDAR FOR JANUARY 10, 2017. NO APPEARANCE REQUIRED.
3/21/17 -- Court approved stipulation continuing hearing to April 25, 2017 at 2:00 p.m. OFF CALENDAR FOR APRIL 4, 2017.
HEARING CONTINUED TO MAY 9, 2017 AT 2:00 P.M. OFF CALENDAR FOR APRIL 25, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
Revisit status of action after conclusion of related matters on calendar. 8/14/17 -- Court approved stipulation extending certain dates and continuing
2:00 PM
hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 22,
2017.
Tentative Ruling for February 6, 2018:
Revisit status of action after conclusion of related matters on calendar.
2/5/18 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 5, 2018.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Michael Gerard Flanagan Represented By Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Alice Yick Flanagan Represented By Samuel Price
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz
2:00 PM
Adv#: 2:17-01360 Diamond, Chapter 7 Trustee, Plaintiff v. UMPQUA Bank, an Oregon
fr. 10-3-17, 11-7-17
Docket 1
- NONE LISTED -
8/17/17 -- Court approved stipulation continuing hearing to November 7, 2017 at 2:00 p.m. and extending deadline to respond to complaint to September 20, 2017. OFF CALENDAR FOR OCTOBER 3, 2017.
Tentative Ruling for November 7, 2017:
Set deadline for filing of amended complaint pursuant to agreement between the parties. Why don't the parties want this matter sent to mediation (attended by parties with authority to exchange settlement offers)? Hearing required.
11/14/17 -- Court signed scheduling order with following dates: Cont'd status conference -- February 6, 2018 at 2:00 p.m.
L/D to file joint status report -- January 23, 2018
L/D to file amended complaint -- November 27, 2017
L/D to respond to amended complaint -- December 11, 2017
1/29/18 -- Court approved stipulation continuing hearing to May 8, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 6, 2018.
2:00 PM
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
UMPQUA Bank, an Oregon Represented By Gerrick Warrington Michael G Fletcher
Umpqua Bank Represented By Michael G Fletcher Gerrick Warrington Reed S Waddell
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Sonia Singh Michael G D'Alba Howard Kollitz
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz
2:00 PM
Adv#: 2:17-01361 Diamond, Chapter 7 Trustee, Plaintiff v. HOMESTREET, INC., a
fr. 10-3-17, 11-7-17
Docket 1
- NONE LISTED -
8/17/17 -- Court approved stipulation continuing hearing to November 7, 2017 at 2:00 p.m. and extending deadline to respond to complaint to September 20, 2017. OFF CALENDAR FOR OCTOBER 3, 2017.
Tentative Ruling for November 7, 2017:
Why don't the parties want this matter sent to mediation? Hearing required.
1/29/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 6, 2018.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
HOMESTREET, INC., a Represented By Charles E Katz
Umpqua Bank Represented By Reed S Waddell
2:00 PM
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Sonia Singh Michael G D'Alba Howard Kollitz
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
Docket 153
- NONE LISTED -
2/5/18 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 5, 2018.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Video Symphony, LLC Represented By Samuel Price
Movant(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
2:00 PM
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
fr. 8-30-16, 10-4-16, 11-29-16, 4-4-17, 4-25-17, 5-9-17, 6-13-17, 8-22-17, 10-3-
17
Docket 1
- NONE LISTED -
8/11/16 -- Court approved stipulation continuing status conference to October 4, 2016 at 2:00 p.m. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for November 29, 2016:
Revisit status of action after conclusion of related matters on calendar.
3/21/17 -- Court approved stipulation continuing hearing to April 25, 2017 at 2:00 p.m. OFF CALENDAR FOR APRIL 4, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
2:00 PM
Revisit status of action after conclusion of related matters on calendar.
8/14/17 -- Court approved stipulation extending certain dates and continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 22,
2017.
Tentative Ruling for October 3, 2017:
Revisit status of action after conclusion of related matters on calendar.
2/5/18 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 5, 2018.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Video Symphony, LLC Represented By Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Michael Gerard Flanagan Represented By Samuel Price
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
2:00 PM
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz
2:00 PM
Adv#: 2:17-01400 Aly v. Ligad
Docket 12
- NONE LISTED -
There was no finding of fraud in the state court action. What evidence does plaintiff have of fraudulent intent in this action? Declaration alleges that check was returned either for insufficient funds or because bank account was closed. Does plaintiff have any evidence about which it was? Court may be able to draw an inference of fraud from defendant's having written a check on a bank account that was closed. Are there any other facts and circumstances that plaintiff can introduce into evidence to support his contention that there was fraudulent intent here?
Hearing required.
Tentative Ruling for February 6, 2018:
Grant motion for default judgment. Waive appearances. Plaintiff is authorized to lodge order consistent with tentative ruling.
Debtor(s):
Ricardo Fabia Ligad Pro Se
Defendant(s):
Ricardo Fabia Ligad Pro Se
2:00 PM
Movant(s):
Ahmed M Aly Pro Se
Plaintiff(s):
Ahmed M Aly Pro Se
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:17-01400 Aly v. Ligad
fr. 10-17-17, 12-12-17, 1-23-18
Docket 1
- NONE LISTED -
Tentative Ruling for October 17, 2017:
Summons was issued on August 10 and was not served until September 2, 2017. Therefore, it was stale by the time of service. Plaintiff should serve only by first class mail. Substituted service is unnecessary and insufficient.
Continue status conference. Direct plaintiff to obtain alias (replacement) summons and reserve defendant.
Final ruling for October 17, 2017:
Continue status conference to December 12, 2017 at 2:00 p.m. Plaintiff should obtain and serve alias summons.
Tentative Ruling for December 12, 2017:
Alias summons was issued on October 18, 2017. Return of summons was filed October 26, 2017, but it does not say how the summons and complaint was served on on whom. Portions of the form that request this information are blank.
Plaintiff needs to file amended proof of service. If service is adequate, set
2:00 PM
deadline for plaintiff to file request for entry of default and motion for entry of default judgment. Continue status conference to coincide with hearing on default judgment motion.
Tentative Ruling for January 23, 2018:
If Court grants motion for default judgment, take status conference off calendar. If Court does not grant motion for default judgment, continue status conference to coincide with date of continued hearing on default judgment motion.
Tentative Ruling for February 6, 2018:
Take status conference off calendar due to grant of default judgment.
Debtor(s):
Ricardo Fabia Ligad Pro Se
Defendant(s):
Ricardo Fabia Ligad Pro Se
Plaintiff(s):
Ahmed M Aly Pro Se
Trustee(s):
Richard K Diamond (TR) Pro Se
10:00 AM
fr. 1-31-18
Docket 45
- NONE LISTED -
1/8/18 -- Court approved stipulated order continuing hearing to February 7, 2018 at 10:00 a.m. OFF CALENDAR FOR JANUARY 31, 2018.
Tentative Ruling for February 7, 2018:
Grant motion. Hold debtor in contempt for failing to comply with 2004 order. Court is reluctant to compensate movant at this hourly rate for services performed for himself, but court will impose out of pocket costs as sanctions. Order debtor to pay $282.15. Continue hearing to see if examination goes forward on February 7 as parties have agreed and whether debtor pays sanctions.
Debtor(s):
Sonia Chaisson Represented By
Susan I Montgomery
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 126
- NONE LISTED -
Grant motion. Issue debtor's discharge and direct clerk to enter final decree. Appearances waived. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Hector M Mendez Luis Represented By
Anthony Obehi Egbase Onyinye N Anyama Sedoo Manu
Crystle J Lindsey
10:00 AM
fr. 1-31-18
Docket 3
1/31/18 - Return mail from Marcia Jackson as "Return to Sender, Not Deliverale as addressed, Unable to Foward".
Petitioning creditor Marcia Jackson failed to provide a valid address for herself. Mail is returned as undeliverable. Court cannot process involuntary petition without being able to contact petitioner. Dismiss case.
Tentative Ruling for February 7, 2018:
Someone who is not an attorney may not represent someone else. Third party Jerry Smith cannot update petitioner's mailing address. Dismiss case based on petitioner's failure to provide a valid mailing address.
Debtor(s):
Simpson Memorial Chapel Pro Se
2:00 PM
Docket 42
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Prudence J Seargeant Represented By Joy M Johnson
Trustee(s):
Timothy Yoo (TR) Represented By Lindsey L Smith Jeffrey L Sumpter
2:00 PM
Docket 173
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Third Street Treatment Partners LLC Represented By
Jerome S Cohen
Trustee(s):
Howard B Grobstein (TR) Represented By
Kathy Bazoian Phelps Aaron E de Leest
2:00 PM
Appraiser, Period: 10/13/2017 to 1/8/2018
[Fees requested: $32000.00, Expenses: $.0.00]
Docket 894
- NONE LISTED -
Grant application. Allow on a final basis fees of $32,000. Authorize payment of this amount from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
2:00 PM
[Fees requested: $29,101.00, Expenses: $1,489.68]
Docket 88
- NONE LISTED -
Grant application. Allow on interim basis fees of $29,101 and costs of $1,489.68. Ratify payments made to date and authorize payment of remaining balance due as funds become available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
[Fees requested: $29,017.00 and expenses $2353.38]
Docket 160
2/5/18 - Mark Hashimoto, (801)8569-8990, has been approved for telephonic appearance on 2/7/18 @ 2pm.
Grant application. Allow on interim basis fees of $29,071 and costs of $2,353.38 as a chapter 11 expense of administration. Authorize release of $20,000 from trust account of debtor's counsel toward payment of these amounts on an interim basis, subject to further review and order of the Court and possible disgorgement at time of final fee hearings. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Shepherd University Represented By Jaenam J Coe
Movant(s):
Mark Hashimoto Pro Se
Trustee(s):
Bradley D. Sharp (TR) Represented By Elissa Miller
2:00 PM
[Fees requested: $120100, Expenses: $2326.90]
Docket 162
- NONE LISTED -
Disallow portion of fees ($20,600) that relate to services rendered before the effective date of the employment order (August 27, 2017). Where is declaration from applicant authenticating fee statements? Court has serious concerns about whether all of the services performed were necessarily performed in light of the dire financial conditions in which the debtor found itself as of the filing and whether this case should ever have been filed as a chapter 11 case at all. Motions were filed and then withdrawn or that did not contain sufficient information to be meaningful. These motions should not have been filed in the first place. In light of these issues, reduce fees requested by an additional $20,000.
As applicant points out, this may all be moot as there may not be funds available to pay chapter 11 expenses of administration, but, nevertheless, allow on an interim basis as a chapter 11 expense of administration fees of
$79,500 and costs of $2,326.90. Authorize applicant to draw down on retainer and apply it to these amounts, subject to further review and order of the Court and possible disgorgement at time of final fee hearings.
APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
2:00 PM
Debtor(s):
Shepherd University Represented By Jaenam J Coe
Trustee(s):
Bradley D. Sharp (TR) Represented By Elissa Miller
2:00 PM
Docket 67
- NONE LISTED -
Grant application. Allow on interim basis fees of $23,826.50 and costs of $1,021.12. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
10:00 AM
Docket 22
- NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Alejandro Ocampo Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 14
- NONE LISTED -
Respondent admits preparing the debtor's petition papers and admits collecting a fee for his services of $1,500. That makes him a "bankruptcy petition preparer" within the meaning of section 110 and means that he has to comply with, and be subject to, the provisions of section 110. The use of the word, "legal" on a business card, like that used by Respondent, and the use of a business name, California Legal Services, that includes the word, "legal" violates the provisions of section 110(f). Moreover, this conduct appears to violate the permanent injunction, a copy of which was attached to the motion as Exhibit E.
Grant motion. Fine respondent $13,500 ($4,500, trebled) for 9 violatons of section 110, order disgorgement of $1,500 and require him to pay damages to respondent of $3,000.
Debtor(s):
Maria D Olivas Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Adv#: 2:16-01503 Metcalf
fr. 1-30-18
Docket 33
- NONE LISTED -
1/18/18 -- At request of judgment creditor, examination continued to February 13, 2018 at 10:00 a.m. OFF CALENDAR FOR JANUARY 30, 2018.
Administer oath to judgment debtor and instruct parties to proceed to attorney conference to conduct examination.
2/9/18 -- At request of judgment creditor, examination continued to April 10, 2018 at 10:00 a.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Debtor(s):
William Douglas Fisher Represented By
G Marshall Hann
Plaintiff(s):
Marvin Metcalf Represented By Seth M Goldberg
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 8
1/29/18 - Mark Estle, (619)992-9264, has been approved for telephonic appearance on 2/13/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Luis Lopez Represented By
Floyd Aragon
Movant(s):
TOYOTA MOTOR CREDIT Represented By Mark D Estle
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: THE BANK OF NEW YORK MELLON
Docket 12
- NONE LISTED -
Deny motion as moot. Case has been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Luis Raul Alvarado Pro Se
Movant(s):
The Bank of New York Mellon FKA Represented By
Mark S Krause
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 15
- NONE LISTED -
Deny request for relief under section 362(d)(2) due to existence of nominal amount of equity, but grant motion under section 362(d)(1) (without waiver of Rule 4001(a)(3)) for lack of adequate protection.
Debtor(s):
Qianqiao Wang Represented By Kevin Liu
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 12
2/5/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 2/13/18 @ 10am.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Ndubuisi Kevin Anyaogu Pro Se
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: 6301-6319 CHALET DRIVE CA, LP
Docket 11
- NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Ihn Cheol Shin Pro Se
Movant(s):
6301-6319 Chalet Drive CA, LP Represented By
Ronald K Brown
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: HONDA LEASE TRUST
Docket 11
2/6/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 2/13/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Marisol Lara Represented By
Elena Steers
Joint Debtor(s):
Lindsay del Carmen Tobie Represented By Elena Steers
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: TUSTIN GATEWAY, LP
Docket 5
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Brian Yongkun Shin Pro Se
Movant(s):
Tustin Gateway, L.P., a California Represented By
Abel Ortiz
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: RAUL GARCIA/SHARON L. GARCIA
Docket 9
- NONE LISTED -
Deny motion as moot. Case has been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Deborah Ann Floyd Pro Se
Movant(s):
Raul Garcia/Sharon L. Garcia Represented By Carol G Unruh
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
v. Herb Davis, John Georges, et al. Docket Number BC547092; Los Angeles Superior Court
MOVANT: VIKEN MANIIKIAN
Docket 29
- NONE LISTED -
Hearing required.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub
Movant(s):
Viken Manjikian Represented By Daniel J Weintraub
2:00 PM
Adv#: 2:16-01503 Metcalf
fr. 1-30-18
Docket 32
- NONE LISTED -
1/18/18 -- At request of judgment creditor, examination continued to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 30, 2018.
Administer oath to judgment debtor and instruct parties to proceed to attorney conference to conduct examination.
2/9/18 -- At request of judgment creditor, examination continued to April 10, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Debtor(s):
William Douglas Fisher Represented By
G Marshall Hann
Plaintiff(s):
Marvin Metcalf Represented By Seth M Goldberg
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
2:00 PM
Adv#: 2:17-01564 Dye v. Mansoorian
Docket 1
- NONE LISTED -
OFF CALENDAR. ACTION DISMISSED.
Debtor(s):
Karine Kenaraki Mansoorian Represented By Nancy Hanna
Defendant(s):
Karine Kenaraki Mansoorian Pro Se
Plaintiff(s):
Carolyn Dye Represented By
Leonard Pena
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
2:00 PM
Adv#: 2:17-01565 Dye v. Skurnik
Docket 1
- NONE LISTED -
OFF CALENDAR. ACTION DISMISSED.
Debtor(s):
Karine Kenaraki Mansoorian Represented By Nancy Hanna
Defendant(s):
Jennifer Skurnik Pro Se
Plaintiff(s):
Carolyn Dye Represented By
Leonard Pena
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
2:00 PM
Adv#: 2:17-01573 Sharp, Chapter 11 Trustee v. Vara, dba DV Marketing
Docket 1
1/18/18 - Default entered.
2/7/18 - Zev Shechtman, (310)277-0077, has been approved for telephonic appearance on 2/13/18 @ 2pm
Continue to March 1, 2018 at 10:00 a.m. to be heard concurrently with motion for default judgment. OFF CALENDAR FOR FEBRUARY 13, 2018.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Defendant(s):
Diane Vara, dba DV Marketing Pro Se
Plaintiff(s):
Bradley D. Sharp, Chapter 11 Represented By
Uzzi O Raanan ESQ Zev Shechtman
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
2:00 PM
Uzzi O Raanan ESQ John N Tedford
2:00 PM
Adv#: 2:15-01545 Mastan v. Kim et al
fr. 4-25-17, 8-1-17, 10-3-17, 11-14-17, 12-19-17, 1-30-18
Docket 1
4/24/17 - Kyra Andrassy, (714)445-1000, has been approved for telephonic appearance on 4/25/17 @ 2pm
A notation on the file reflects that Judge Donovan set August 1, 2017 as a discovery cutoff and instructed plaintiff to lodge a scheduling order. Was such an order ever lodged?
Where is the joint (or collective) status report that should have been filed two weeks prior to the April, 2017 status conference? The most recent status report that the Court was able to locate was dated February 15, 2017 and was prepared for a March 1, 2017 status conference.
Order the parties to complete a day of mediation prior to the date of the next status conference.
4/28/17 -- Court approved scheduling order with following dates: Discovery cutoff -- 10/2/17
L/D to lodge order appointing mediator -- 5/30/17 L/D to complete mediation -- 8/1/17
Cont'd status conference -- August 1, 2017 at 2:00 p.m.
2:00 PM
L/D to file joint status report -- July 18, 2017
6/9/17 -- Court approved stipulation continuing deadline to complete mediation and discovery cutoff to October 3, 2017 and continuing status conference to October 3, 2017 at 2:00 p.m.
8/23/17 -- Court approved order appointing mediators.
9/7/17 -- Court approved stipulation continuing discovery cutoff to October 31, 2017 and continuing status conference to November 14, 2017 at 2:00 p.m.
OFF CALENDAR FOR OCTOBER 3, 2017.
10/12/17 -- Court approved stipulation continuing discovery cutoff to November 30, 2017 and continuing status conference to December 19, 2017
at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 14, 2017.
12/1/17 -- Court approved stipulation continuing discovery cutoff to January 15, 2018 and continuing status conference to January 30, 2018 at 2:00 p.m.
OFF CALENDAR FOR DECEMBER 19, 2017.
1/3/18 -- Court approved stipulation continuing discovery cutoff to February 13, 2018 and continuing status conference to February 13, 2018 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 30, 2018.
Tentative Ruling for February 13, 2018:
Where is the joint status report that was due two weeks before the status conference? What is the status of this matter? Hearing required.
2/9/18 -- Court approved stipulation continuing hearing to May 15, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Debtor(s):
WELCOME MANAGEMENT Represented By Phillip H Kwon
2:00 PM
Defendant(s):
Sang Hyun Kim Represented By Peter A Kim
Helen Pak Represented By
Peter A Kim
Loren Chang Represented By
Patricia M Bakst
Hope Healthcare Management, Inc. Represented By
Peter A Kim
Plaintiff(s):
Peter J Mastan Represented By Kyra E Andrassy
Trustee(s):
Peter J Mastan (TR) Represented By
Lei Lei Wang Ekvall Kyra E Andrassy
2:00 PM
Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 12-8-15, 2-9-16, 4-5-16, 5-10-16, 5-24-16, 5-31-16, 9-27-16, 11-15-16, 1-10-
17, 3-14-17, 6-13-17, 6-27-17, 7-11-17, 10-31-17
Docket 1
- NONE LISTED -
Defendant's counsel should not handwrite documents to be filed with the Court. His writing is illegible.
Continue status conference to May 10, 2016 at 2:00 p.m. to be heard concurrently with related matters that will be on calendar for that date. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for May 31, 2016:
Revisit status of action after conclusion of related matters on calendar. 6/2/16 -- Court signed scheduling order setting following dates:
Cont'd status conference -- September 27, 2016 at 2:00 p.m. L/D to file joint status report -- September 13, 2016 Discovery cutoff -- September 30, 2016
L/D to lodge order appointing mediator -- June 17, 2016 Deadline to complete mediation -- September 27, 2016
7/6/16 -- court approved order appointing mediators.
Tentative Ruling for September 27, 2016:
2:00 PM
Plaintiff has filed a notice of inability to prepare joint status report. Where is the declaration required by LBR 7016-1(a)(3) that must be included whenever a party submits a unilateral status report? Why haven't the parties used the mandatory status report form required by LBR 7016-1(a)(2)? When counsel for plaintiff provided a draft status report that did not comply with the Local Bankruptcy Rules, why didn't counsel for the defendant file a unilateral report in compliance with LBR 7016-1(a)(3)?
Impose sanctions of $150 on counsel for each of the parties. Counsel for the plaintiff is urged to download a current version of the Court's local rules, as he is apparently relying on an outdated version of the rules. He should refer to the Court's website.
As a result, although there is a great deal of alleged information contained in plaintiff's filing, none of it is evidence and it does not address the issues that are supposed to be included in the status report.
Set continued status conference in approximately 30 to 45 days. Parties are to file the required joint status report form not less than two weeks prior to the continued status conference.
Tentative Ruling for March 14, 2017:
Revisit status of action after conclusion of hearing on matter no.101.
3/25/17 -- Court signed scheduling order setting following dates:
Cont'd status conference -- June 13, 2017 at 2:00 p.m. L/D to file joint status report -- May 30, 2017
L/D to designate experts and exchange reports -- May 15, 2017 L/D to exchange responsive reports -- June 12, 2017
5/26/17 -- Court granted motion to extend June 12 deadline to June 19 and continued status conference to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 13, 2017.
2:00 PM
6/12/17 -- Court approved stipulation continuing hearing to July 11, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 27, 2017.
Tentative Ruling for July 11, 2017:
Parties were to exchange expert witness reports. They did not need to file them. On May 16, 2017, Court reopened discovery for a period of 60 days from that date to permit the parties to conduct additional discovery related to the website www.baddocjjm.com. Are the parties on track to complete that discovery by July 15?
Set deadline for the completion of expert discovery. Has all other discovery been completed?
Set pretrial conference and deadline for lodging joint pretrial order. Discuss with parties form of proposed pretrial order.
8/15/17 -- Court approved scheduling order setting following dates: L/D to complete expert discovery -- September 15, 2017
Cont'd status conference -- October 31, 2017 at 2:00 p.m. L/D to file joint status report -- October 17, 2017
Tentative Ruling for October 31, 2017:
In light of court's rulings in related matters, when does plaintiff anticipate that he will be ready for trial.
2/6/18 -- Court approved stipulation continuing hearing to March 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
2:00 PM
Defendant(s):
CLARK WARREN BAKER Represented By Baruch C Cohen
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
2:00 PM
Adv#: 2:17-01015 Gonzalez, Chapter 7 Trustee v. Creditors Specialty Service of Nevada, Inc.,
fr. 3-28-17, 5-2-17, 5-16-17, 9-12-17, 12-5-17
Docket 1
- NONE LISTED -
Have recent events had any impact on this adversary proceeding? If so, how so? Have defendants obtained replacement counsel?
Hearing required.
4/21/17 -- Court approved order continuing hearing to May 16, 2017 at 2:00
p.m. OFF CALENDAR FOR MAY 2, 2017. NO APPEARANCE REQUIRED. Tentative Ruling for May 16, 2017:
Revisit status of action after conclusion of hearing on OSC.
5/18/17 -- Court approved scheduling continuing status conference to September 12, 2017 at 2:00 p.m. and setting discovery cutoff of September 29, 2017. Parties are to file joint status report not later than August 29, 2017.
Tentative Ruling for September 12, 2017:
Will the parties require additional time to complete discovery? Why don't the
2:00 PM
parties want this matter sent to mediation? Hewaring required.
Tentative Ruling for December 5, 2017:
Attaching Stanley's emails as exhibits to the pretrial order does not work. The trustee's counsel should use her best efforts to interpret the emails and move from the undisputed facts portion of the proposed order to the disputed facts portion the items identified in Stanley's emails and should add the defendant's proposed witnesses to the body of the order.
Tentative Ruling for February 13, 2018:
Court has additional comments and questions about the form of the pretrial order that will be discussed on the record at the time of hearing.
Debtor(s):
Creditors Specialty Service, Inc. Represented By Neil C Evans
Defendant(s):
Creditors Specialty Service of Pro Se Creditors Specialty Service, Inc., a Represented By
Neil C Evans
Charles V. Stanley, an individual Pro Se
Does 1 - 15 Pro Se
Plaintiff(s):
Rosendo Gonzalez, Chapter 7 Represented By Jessica L Bagdanov David Seror
Trustee(s):
Rosendo Gonzalez (TR) Represented By David Seror
2:00 PM
Jessica L Bagdanov Talin Keshishian
2:00 PM
Adv#: 2:16-01164 Wolkowitz, Chapter 7 Trustee v. Lopez et al
Complaint by Edward M Wolkowitz, Chapter 7 Trustee against Yesenia Lopez, Alexis Wholesale, Inc.
fr. 12-20-16, 2-14-17, 8-15-17
Docket 1
- NONE LISTED -
12/7/16 -- court continued pretrial conference to February 14, 2017 at 2:00
p.m. in light of parties' proposed settlement. OFF CALENDAR FOR DECEMBER 20, 2016.
1/3/17 -- Court granted motion approving compromise (payments over time).
7/24/17 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR AUGUST 15, 2017.
2/2/18 -- Court approved stipulation continuing hearing to September 11, 2018 at 2:00 pm. OFF CALENDAR FOR FEBRUARY 13, 2018.
Debtor(s):
Paisano Meats, Inc. Represented By Jeffrey S Shinbrot
2:00 PM
Defendant(s):
Yesenia Lopez Represented By Baruch C Cohen
Alexis Wholesale, Inc. Represented By Baruch C Cohen
Plaintiff(s):
Edward M Wolkowitz, Chapter 7 Represented By
Marc Weitz
Trustee(s):
Edward M Wolkowitz (TR) Represented By Marc Weitz
2:00 PM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
Requests for Production of Documents [Set One] Propounded on Defendants Ultra Chem Industries, Ltd., John Ten Fong Shieh, Caroline Su Kyu Shieh, Benjamin Shieh, Patricia Shieh Armijo and Cesar Castro
Request for Production of Documents [Set Two] on Defendant Ultra Chem Labs, Corp.
fr. 1-9-18
Docket 68
2/12/18 - Amid Bahadori, (949)954-8164, has been approved for telephonic appearance on 2/1318 @ 2pm
Tentative Ruling for January 9, 2018:
Grant motion. Impose sanctions on defendant for the cost of bringing this motion. Continue hearing to give movant's counsel an opportunity to file supplemental declaration setting forth amount of fees and costs incurred.
Final Ruling from January 9, 2018:
Grant in part and continue in part. Defendant should serve responses without objections on both 209 and 210 not later than February 9, 2018. Movant should file and serve by January 22, 2018 supplemental declaration re costs and fees incurred. Any opposition to that request should be filed and served not later than February 6, 2018. Court will conduct continued hearing on February 13, 2018 at 2:00 p.m.
Tentative Ruling for February 13, 2018:
2:00 PM
Hourly rate requested by Pinckes is reasonable and appropriate. Reduce time slightly for tasks that were insufficiently described. Allow fees of $3,000 and costs of $98.92.
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By Amid Bahadori
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By Amid Bahadori
Caroline Su Kyu Shieh Represented By Amid Bahadori
Christopher Shieh Represented By Joseph D Huser Amid Bahadori
Benjamin Shieh Represented By Joseph D Huser Amid Bahadori
Patricia Shieh Armijo Represented By Joseph D Huser Amid Bahadori
Cesar Fernando Castro Represented By Joseph D Huser Amid Bahadori
2:00 PM
Movant(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
2:00 PM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
fr. 1-9-18
Docket 64
2/12/18 - Amid Bahadori, (949)954-8164, has been approved for telephonic appearance on 2/1318 @ 2pm
Tentative Ruling for January 9, 2018:
Grant motion. Impose sanctions on defendant for the cost of bringing this motion. Continue hearing to give movant's counsel an opportunity to file supplemental declaration setting forth amount of fees and costs incurred.
Final Ruling from January 9, 2018:
Grant in part and continue in part. Defendant should serve responses without objections on both 209 and 210 not later than February 9, 2018. Movant should file and serve by January 22, 2018 supplemental declaration re costs and fees incurred. Any opposition to that request should be filed and served not later than February 6, 2018. Court will conduct continued hearing on February 13, 2018 at 2:00 p.m.
Tentative Ruling for February 13, 2018:
Hourly rate requested by Pinckes is reasonable and appropriate. Reduce time slightly for tasks that were insufficiently described or that resulted from errors on counsel's part. Allow fees of $5,500 and costs of $98.92.
2:00 PM
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By Amid Bahadori
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By Amid Bahadori
Caroline Su Kyu Shieh Represented By Amid Bahadori
Christopher Shieh Represented By Joseph D Huser Amid Bahadori
Benjamin Shieh Represented By Joseph D Huser Amid Bahadori
Patricia Shieh Armijo Represented By Joseph D Huser Amid Bahadori
Cesar Fernando Castro Represented By Joseph D Huser Amid Bahadori
Movant(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Plaintiff(s):
Brad D. Krasnoff Represented By
2:00 PM
Trustee(s):
Randi E Pinckes
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
2:00 PM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
fr. 1-31-17, 3-28-17, 4-11-17, 6-6-17, 9-12-17, 12-19-17, 1-9-18
Docket 1
2/12/18 - Amid Bahadori, (949)954-8164, has been approved for telephonic appearance on 2/1318 @ 2pm
1/18/2017 -- Court approved stipulation continuing defendant's response date to March 20, 2017 and continuing status conference to March 28, 2017 at
2:00 p.m. OFF CALENDAR FOR JANUARY 31, 2017.
Tentative Ruling for March 28, 2017:
Continue status conference to April 11, 2017 at 2:00 p.m. to be heard concurrently with motion to dismis. OFF CALENDAR FOR MARCH 28, 2017.
Tentative Ruling for April 11, 2017:
Set deadline for defendants to file an answer to the existing complaint. Continue status conference approximately 60 to 90 days.
Final Ruling for April 11, 2017:
2:00 PM
Continue status conference to June 6, 2017 at 2:00 p.m. Parties will file a joint status report by May 23, 2017. Defendant must file and serve an answer to complaint by May 12, 2017.
Tentative Ruling for June 6, 2017:
According to the status report, defendant plans to bring a motion for summary judgment/partial summary adjudication of issues? Would this motion raise the same arguments that were advanced in the motion to dismiss that the court previously denied, offering the following tentative ruling:
Deny motion. The only assets that were sold to John Shieh were the specific assets identified on Exhibit A to the motion and the order granting the motion. No avoiding power claims were sold. Neither were any of the assets that the trustee alleges in the complaint were fraudulently transferred. The good faith finding relates only to the specific transaction that was the subject of the motion. The trustee never requested -- and the court never made -- a finding that the defendants had acted in good faith in connection with any other events or transactions.
There is no statute of limitations problem. The trustee is not attempting to set aside the sale. He is attempting to prosecute an avoiding power action and may file such an action before the later of 2 years after the entry of the order for relief or 1 year after the appointment of the trustee. The case was filed on January 29, 2015. This adversary proceeding was filed on November 30, 2016. That is well within two years after the commencement of the case.
Order parties to complete a day of mediation prior to date of continued status conference.
6/13/17 -- Court approved scheduling order setting following dates:
Cont'd status conference -- September 12, 2017 at 2:00 pm L/D to file joint status report -- August 29, 2017
L/D to complete discovery -- October 31, 2017 L/D to complete mediation -- September 12, 2017
2:00 PM
L/D to lodge order appointing mediators -- June 30, 2017 7/5/17 -- Court signed order appointing mediators.
Tentative Ruling for September 12, 2017:
According to status report, parties were scheduled to attend mediation before Jason Wallach on September 6. Did the mediation go forward on that date? Were they able to resolve this matter? Hearing required.
9/14/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- December 19, 2017 at 2:00 p.m.
L/D to file joint status report -- December 5, 2017 L/D to complete discovery -- December 29, 2017
Tentative Ruling for December 19, 2017:
The parties report having participated in mediation with Jason Wallach on September 6, 2017, yet they ask in the status report that the matter be sent to mediation. What are they requesting at this point? Did the parties want to utilize the services of another mediator or to return to Mr. Wallach? Have they discussed with him whether he would charge for the continued mediation?
Are the parties on track to complete their discovery by December 29? Hearing required.
12/20/17 -- Court signed scheduling order continuing status conference to January 9, 2018 at 2:00 p.m., waiving the requirement of a joint status report for that conference and extending the discovery cutoff to March 31, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar.
2:00 PM
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By Amid Bahadori
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By Amid Bahadori
Caroline Su Kyu Shieh Represented By Amid Bahadori
Christopher Shieh Represented By Joseph D Huser Amid Bahadori
Benjamin Shieh Represented By Joseph D Huser Amid Bahadori
Patricia Shieh Armijo Represented By Joseph D Huser Amid Bahadori
Cesar Fernando Castro Represented By Joseph D Huser Amid Bahadori
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By
2:00 PM
Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
2:00 PM
Adv#: 2:16-01010 Moladina v. Naimi
Docket 122
- NONE LISTED -
Rulings on Defendant's Evidentiary Objections:
Sustain (lack of personal knowledge/lack of foundation).
Overrule. (Court can and does take judicial notice of filing of schedules).
Sustain (lack of foundation). (Court could take judicial notice of such matters but is not willing to verify this information with the secretary of state's office.)
Overrule. (see # 2).
Sustain (hearsay).
Sustain (see #1).
Sustain (see #1).
Overrule (see #2), but this is not a "copy of the bankruptcy," it's a stipulation for dismissal of the case.
Overrule (see #2).
Sustain (see #1).
Sustain (see #1).
Sustain (see #1).
Sustain (see #1).
Sustain (see #1).
Sustain (see #1).
Overrule as to fact that check was written and amount. Sustain as to what was done with check and proceeds for lack of foundation/personal knowledge. Overrule as to how old declarant was at the time and where funds came from.
Overrule as to date and amount of check. Sustaion as to what was done with check/proceeds for lack of foundation/personal knowledge.
2:00 PM
Overrule as to first two sentences. Sustain as to balance for lack of foundation/personal knowledge.
Sustain (see #1).
Overrule as to first sentence. Overrule as to second sentence to the extent that declarant is testifying as to the fact that he received an offering circular via email. Sustain as to contents of email based on best evidence rule.
Sustain for lack of foundation.
Sustain (see #1).
Sustain (see #1).
Sustain (see #1).
Sustain (see #1).
Sustain (see #1).
Sustain (see #1).
Sustain (see #1).
Sustain (see #1).
Sustain (see #1).
Sustain (see #1).
Overrule.
Overrule.
Sustain (see #1).
Sustain (see #1).
Sustain (see #1).
Sustain (see #1).
Sustain. If plaintiff was there in person, this would be admissible, but declarant does not tell us. The tesimony is that either the plaintiff and/or his proxy attended the 341(a). If he wasn't there, he has no personal knowledge as to who was there.
Sustain (see #1).
Overrule.
Overrule.
Overrule.
Overrule.
Overrule.
Overrule as to statement made to Moladina. Sustain as to balance based on lack of foundation/personal knowledge).
Overrule.
2:00 PM
Overrule as to first sentence. Sustain as to balance based on lack of foundation/personal knowledge.
Sustain as to word, "falsely" based on lack of foundation. Overrule as to balance.
Overrule.
50. See #48.
Sustain (see #1).
Sustain (see #1).
Overrule.
Overrule as to first sentence. Sustain as to second sentence (legal conclusion and lack of personal knowledge/foundation).
Sustain (see #1).
56. See #48.
Sustain (lack of foundation/personal knowledge/best evidence rule/hearsay).
Sustain (see #38).
Sustain (lack of foundation/personal knowledge/best evidence rule).
Overrule as to sentence about Moladina conducting an audit. Sustain as to balance (see #1).
Sustain (lack of foundation/personal knowledge/best evidence rule/hearsay).
Overrule as to first sentence. Sustain as to balance (best evidence rule/hearsay).
Sustain (see #1).
Sustain (see #1).
Sustain (see #1).
Sustasin (see #1).
Sustain (see #1).
Overrule as to first sentence. Overrule as to statement that Moladina invested in Soheil Naimi in reliance on these statements. Sustain as to assertion that promises were false and balance of testimony for lack of foundation/personal knowledge.
Sustain (see #1).
Sustain (see #1).
Overrule as to first sentence. Sustain as to balance (lack of foundation/personal knowledge).
Overrule as to first three sentences. Sustain as to balance (lack of
2:00 PM
foundation/personal knowledge).
Tentative Rulig on Merits:
Deny. Why was this motion even brought? The state court made factual findings that were affirmed on appeal. The only thing not affirmed on appeal was the award of attorneys' fees. The factual findings made by the state court, affirmed by the appellate court, include that defendant made false representations to investors, including plaintiff and that plaintiff justifiably relied on these representations in making this investment. The state court also found that the "statements were false and Naimi knew they were false when he made them." "In fact, Naimi did not intend to provide Moladina any gains from his investments and did not intend to return Moladina's funds.
Rather, Naimi made these false representations to obtain Moladina's money for Naimi's personal use or to repay other investors in connection with other properties." "Moladina justifiably relied on Naimi's misrepresentations when he entered into the contract with Naimi. He believed the representations to be true. Had he known the representations were false, he would not have invested his money with Naimi. As a direct and forseeable result, Moladina has been damaged." "Naimi is personally liable for his fraudulent representations, even though he was acting on behalf of the LLC." Therefore, plaintiff was awarded damages of $75,000 with prejudgment interest at the rate of 10 percent per annum. None of this was disturbed on appeal.
Summary judgment may well be appropriate, but in plaintiff's favor, not defendant's.
Debtor(s):
Soheil Naimi Represented By
Michael Jay Berger
Defendant(s):
Soheil Naimi Represented By
Michael Jay Berger
2:00 PM
Movant(s):
Soheil Naimi Represented By
Michael Jay Berger
Plaintiff(s):
Abdul Moladina Represented By Eric C Morris
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:16-01010 Moladina v. Naimi
fr. 3-8-16, 5-3-16, 6-28-16, 8-9-16, 11-29-16, 3-28-17, 10-3-17, 1-30-18
Docket 1
- NONE LISTED -
Set deadline for defendant to respond to amended complaint. Should court hold this action in abeyance while plaintiff prosecutes action under section 727? Hearing required.
8/9/16 -- Defendant consented on record at status conference to entry of final orders once court explained significance of question. Court directed defendant to lodge scheduling order that included court's ruling that paragraphs 9, 15, 24 and all but the first sentence of paragraph 23 of the fourth amended complaint are stricken. Defendant should so state in its answer to complaint and need not respond to allegations contained in stricken portions of complaint. 8/10/16 -- Court signed scheduling order to this effect.
Tentative Ruling for November 29, 2016:
This is a dischargeability proceeding. Plaintiff's consent to entry of a final judgment is not required. The bankruptcy court has jurisdiction to enter a final order in this type of action.
Set discovery cutoff for late March, 2017. Continue status conference for approximately 90 to 120 days. Order parties to complete a day of mediation
2:00 PM
prior to date of continued status conference.
12/20/16 -- Court approved order appointing mediators.
Tentative Ruling for March 28, 2017:
Plaintiff does not consent to entry of a final order by bankruptcy court, but this is a 523 action. Court already has authority to enter a final order and any lack of consent from the parties is irrelevant.
Plaintiff reports that he is ready to proceed to trial, but, now that there is a state court judgment, is this an appropriate matter for a motion for summary judgment on collateral estoppel basis?
Hearing required.
Tentative Ruling for October 3, 2017:
Do the parties have any more information about timing with regard to the state court appeal? The parties report that discovery is now complete. Is there anything that can be accomplished in this adversary proceeding while the state court appeal is pending?
Tentative Ruling for January 30, 2018:
Continue hearing to February 13, 2018 at 2:00 p.m. to be heard concurrently with plaintiff's motion for summary judgment scheduled for hearing that date.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of hearing on matter no. 211.
Debtor(s):
Soheil Naimi Represented By
Michael Jay Berger
2:00 PM
Defendant(s):
Soheil Naimi Represented By
Michael Jay Berger
Plaintiff(s):
Abdul Moladina Represented By Eric C Morris
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:16-01480 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
fr. 1-10-17, 4-4-17, 4-25-17, 5-9-17, 6-13-17, 8-22-17, 10-3-17, 2-6-18
Docket 1
- NONE LISTED -
12/22/16 -- Court approved stipulation continuing hearing to April 4, 2017 at 2:00 p.m. and waiving status report for that conference. OFF CALENDAR FOR JANUARY 10, 2017. NO APPEARANCE REQUIRED.
3/21/17 -- Court approved stipulation continuing hearing to April 25, 2017 at 2:00 p.m. OFF CALENDAR FOR APRIL 4, 2017.
HEARING CONTINUED TO MAY 9, 2017 AT 2:00 P.M. OFF CALENDAR FOR APRIL 25, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
Revisit status of action after conclusion of related matters on calendar. 8/14/17 -- Court approved stipulation extending certain dates and continuing
2:00 PM
hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 22,
2017.
Tentative Ruling for February 6, 2018:
Revisit status of action after conclusion of related matters on calendar.
2/5/18 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 5, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Alice Yick Flanagan Represented By Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz
2:00 PM
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
fr. 2-6-18
Docket 153
- NONE LISTED -
2/5/18 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 5, 2018.
Rulings on Plaintiff's Evidentiary Objections:
Sustained (not relevant).
Sustained (not relevant).
Sustained (lack of foundation).
Overruled.
Sustained (not relevant).
Sustained (hearsay; not relevant).
Sustained (best evidence).
Sustained (hearsay).
Sustained (best evidence).
Sustained (lack of foundation; hearsay).
Sustained (lack of foundation).
Overruled.
Overruled.
Overruled.
Overruled.
Overruled.
Overruled.
Sustained (not relevant).
2:00 PM
Sustained (not relevant).
Sustained (not relevant).
Sustained (not relevant).
Tentative Ruling on Merits:
Deny request for summary judgment. Court agrees with defendant that sham affidavit doctrine should not apply here. Flanagan was not deposed on the subject of the value of the accounts. There is a genuine issue of material fact as to the value of the accounts. Inconsistent statements/testimony given/made by Flanagan will go to weight or credibility.
Court agrees that defendant is entitled to a credit for any monies that were actually collected on "sold" accounts after the date of the sale that were turned over to the debtor, but it is unclear how much that would be.
The Court has already held and remains persuaded that the date of the transfers/sales is the appropriate calculation date, not the petition date. The point is that the transaction is not enforceable as against the hypothetical lien creditor and that the trustee has elected to receive the value of the property transferred as of the date of the transfer.
The Court also rejects the idea that the defendant is entitled to a setoff for any amounts loaned to the debtor or owed to him by the debtor. This is not a setoff of mutual obligations owing. The trustee is asserting a claim that would be available to a third party based on the value of collateral in which the defendant's interest was not perfected. The measure of the recovery is not the amount of the debtor's claim against the defendant, which might be reduced by an offset, it is the value of the collateral that the defendant is not entitled to retain.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
2:00 PM
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Video Symphony, LLC Represented By Samuel Price
Movant(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
fr. 8-30-16, 10-4-16, 11-29-16, 4-4-17, 4-25-17, 5-9-17, 6-13-17, 8-22-17, 10-3-
17
fr. 2-6-18
Docket 1
- NONE LISTED -
8/11/16 -- Court approved stipulation continuing status conference to October 4, 2016 at 2:00 p.m. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for November 29, 2016:
Revisit status of action after conclusion of related matters on calendar.
3/21/17 -- Court approved stipulation continuing hearing to April 25, 2017 at 2:00 p.m. OFF CALENDAR FOR APRIL 4, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
2:00 PM
Revisit status of action after conclusion of related matters on calendar.
8/14/17 -- Court approved stipulation extending certain dates and continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 22,
2017.
Tentative Ruling for October 3, 2017:
Revisit status of action after conclusion of related matters on calendar.
2/5/18 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 5, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Video Symphony, LLC Represented By Samuel Price
2:00 PM
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz
10:00 AM
fr. 12-14-17
Docket 28
- NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Mary Jemilynne Aguire Gandia Represented By Daniel King
Joint Debtor(s):
Sarah Salgado Gandia Represented By Daniel King
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 16
- NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
James B Gray Represented By
Regina Zeltser
Joint Debtor(s):
Claudia C Gray Represented By Regina Zeltser
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 11
- NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
James B Gray Represented By
Regina Zeltser
Joint Debtor(s):
Claudia C Gray Represented By Regina Zeltser
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 14
- NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
James B Gray Represented By
Regina Zeltser
Joint Debtor(s):
Claudia C Gray Represented By Regina Zeltser
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 15
- NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
James B Gray Represented By
Regina Zeltser
Joint Debtor(s):
Claudia C Gray Represented By Regina Zeltser
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
fr. 12-14-17
Docket 10
- NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Douglas Efrain Torres Represented By
Michael H Colmenares
Trustee(s):
Richard K Diamond (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 18
- NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Rey David Cruz Represented By Matthew D Resnik
Movant(s):
TOYOTA MOTOR CREDIT Represented By Julian T Cotton
Trustee(s):
Richard K Diamond (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 15
- NONE LISTED -
(Son makes the payments.) Hearing required.
Debtor(s):
Rey David Cruz Represented By Matthew D Resnik
Movant(s):
FIFTH THIRD BANK Represented By Julian T Cotton
Trustee(s):
Richard K Diamond (TR) Pro Se
10:00 AM
Docket 11
- NONE LISTED -
Dismiss case.
Debtor(s):
Ndubuisi Kevin Anyaogu Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Docket 97
- NONE LISTED -
There appears to be no dispute that Alliance Law Corporation should receive 25 percent of the distribution. Arrange to have two checks issued -- one for 75 percent to the claimant; and one for 25 percent to Alliance.
APPEARANCES WAIVED.
Debtor(s):
Headline Entertainment Inc a Represented By Elissa Miller
Trustee(s):
David A Gill (TR) Represented By Eric P Israel Kevin Meek
Michael G D'Alba
10:00 AM
Docket 72
- NONE LISTED -
Subsequent overbid increments should be $500, rather than $250, but grant motion and approve sale to highest bidder.
Debtor(s):
Thomas John Bishop Represented By Michael R Totaro
Trustee(s):
Wesley H Avery (TR) Represented By Charles Shamash Joseph Caceres
10:00 AM
fr. 1-24-18
Docket 138
- NONE LISTED -
12/27/17 -- court approved stipulation continuing hearing to February 14, 2018 at 10:00 a.m. OFF CALENDAR FOR JANUARY 24, 2018.
2/1/18 -- Court signed order continuing hearing to March 21, 2018 at 10:00
a.m. OFF CALENDAR FOR FEBRUARY 14, 2018.
Debtor(s):
Herzl Ben Marome Represented By Shai S Oved Leslie Richards
Movant(s):
Yona Wipranik Represented By Daniel Cheren Stella A Havkin
Yona Wipranik Represented By Daniel Cheren Stella A Havkin
Trustee(s):
John J Menchaca (TR) Represented By
M Douglas Flahaut
10:00 AM
Sevan Gorginian Aram Ordubegian
10:00 AM
Docket 113
- NONE LISTED -
Grant motion. Approve compromise. Waive appearances. Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
Steven S Yang Represented By Joon M Khang
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
10:00 AM
Adv#: 2:17-01461 Avery v. St. Blue, Inc. et al
Michael P. Newman fr. 11-7-17, 2-6-18
Docket 1
- NONE LISTED -
Answer to complaint was filed on October 30, 2017. How much time do the parties anticipate that they will need for discovery? Is this an appropriate matter to be sent to an early mediation? Have the parties made the initial exchanges required by FRBP 7026? Hearing required.
Tentative Ruling for February 6, 2018:
Continue hearing to February 14, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of compromise. OFF CALENDAR FOR FEBRUARY 6, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for February 13, 2018:
Continue status conference to March 13, 2018 at 10:00 a.m. to give the court an opportunity to enter the order and the trustee an opportunity to dismiss the action. APPEARANCES WAIVED ON FEBRUARY 13, 2018.
Debtor(s):
Steven S Yang Represented By
10:00 AM
Joon M Khang
Defendant(s):
St. Blue, Inc. Represented By
Leon Small
Saplings Restaurant Group, Inc. Pro Se
APEX Law Group, APC Pro Se
John Byung Lee Pro Se
Michael P. Newman Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
10:00 AM
fr. 10-4-17, 11-15-17
Docket 149
- NONE LISTED -
9/28/17 -- Court approved stipulation continuing hearing to November 15, 2017 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for February 14, 2018:
What is the status of this matter? According to this Court's October 18 order, litigation against SNS is to be stayed until orders are entered resolving the Kamana Litigation. Has this occurred? If not, what is the parties' current time estimate as to when this is likely to have occurred. Hearing required.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen
10:00 AM
Docket 163
- NONE LISTED -
2/6/18 -- Court approved stipulation continuing hearing to March 21, 2018 at 10:00 a.m. OFF CALENDAR FOR FEBRUARY 14, 2018.
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
Shawn M Christianson
10:00 AM
Docket 168
- NONE LISTED -
According to motion, premises were returned to landlord on December 28, 2017. Allow movant chapter 11 expense of administration for unpaid rent for the period from August 14, 2017 through December 28, 2017 plus a 10 percent late charge. Where in the exhibits can the court locate support for the movant's contention that the monthly base rent should be $148,300.58 or that the debtor was required to pay $2,783 per month for insurance?
Court will not allow holdover damages based on the personal property remaining on the premises. Trustee has abandoned this personal property. Landlord should dispose of the property in accordance with applicable nonbankruptcy law. What became of the security deposit referenced in the lease? Where is there a discussion of the application of this deposit in the supporting declaration?
Movant seeks to liquidate the amount of its chapter 11 administrative claim. This is appropriate. Trustee cannot insist that this be deferred or reserved to a later date.
Hearing required.
Debtor(s):
Shepherd University Represented By Jaenam J Coe
10:00 AM
Trustee(s):
Bradley D. Sharp (TR) Represented By Elissa Miller
11:00 AM
fr. 1-10-18
Docket 38
12/27/17 - Notice of hearing returned from the U.S. Postal Service as "Return to Sender, Attempted - Not Known- Unable to forward" for Seth Hicks and Richard Greene.
Tentative Ruling for January 10, 2018:
Motion has several problems. Service is problematic. Notices court served on Richard Greene and Seth Hicks came back as undeliverable. Movant should attempt to locate current addresses for these parties. (State Bar website shows following address for Greene Fidler & Chaplan LLP -- 2719 Wilshire Blvd., Ste. 200, Santa Monica, CA 90403-4705. The firm name no longer has Hicks in the title. The state bar website lists a Seth Hicks with an address in Austin Texas who became inactive in California in 2011.)
Motion does not contain any evidence to support contention as to balance of first deed of trust and does not contain a declaration explaining how debtor arrived at a valuation based on the comparables.
Hearing required.
Final Ruling for January 10, 2018:
Continue hearing to February 14, 2018 at 11:00 a.m. By January 24, 2018, Debtor should file and serve motion on correct address for Richard Greene and same address for lienholder. Amended motion should include evidence asto loan balance and how debtor arrived at valuation for property.
11:00 AM
Tentative Ruling for February 14, 2018:
Proof of service is still inadequate. Motion was addressed to Richard Fidler Chaplan & Hicks LLP at the correct address, but this is not the name of the firm and Richard Greene's name does not appear. The motion was not directed to his attention. The firm may or may not be able to figure out what to do with the papers or to what they relate. The item should have been sent to the attention of Richard Greene at Greene, Fidler & Chaplan LLP at this address.
Is there any way for the court to determine what the loan balance was as of the petition date (6/14/2010)? Has the debtor remained current on the loan payments since that date?
Debtor's motion does not disclose the amount of any exemption claimed. Has the debtor claimed an exemption in any amount with regard to the property? If so, for how much and has schedule C been amended? With a valuation of $370,000 and a loan balance of $237,801.22, there may well be sufficient equity for the judgment creditor to obtain a lien on some portion of the value.
Hearing required.
Debtor(s):
William Dickey Represented By Daniel J Yee
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
fr 5-11-16, 6-7-16, 7-21-16, 7-27-16, 9-28-16, 10-18-16, 11-29-16, 12-7-16, 3-8-
17, 6-14-17, 7-11-17, 7-26-17, 8-15-17, 10-18-17, 1-10-18
Docket 1
2/12/18 - Douglas Neistat, (818)382-6200, has been approved for telephonic appearance on 2/14/18 @ 11am
Docket reflects service of notice of bar date, which is good, but where is the order actually establishing the bar date that is necessary in a chapter 11 case and that was expressly requested by the Court? When will the debtor be in a position to formulate a chapter 11 plan?
Has the debtor given any additional thought to retaining a responsible officer or other disinterested person?
Hearing required.
6/7/16 -- Court approved order setting following dates: Bar date -- July 15, 2016
L/D to serve notice of bar date -- May 13, 2016 L/D to file plan -- September 30, 2016
Cont'd status conference -- June 7, 2016 at 3:00 p.m.
Tentative Ruling for July 21, 2016:
Where is the case status report that should have been filed by July 8, 2016? 7/20/16 -- At hearing held this date, Court heard status conference, as all
11:00 AM
parties were present and continued status conference to July 27, 2016 at 10:00 as a holding date (no status report required for this one status conference). Court will set further continued status conference at that time. OFF CALENDAR FOR JULY 21, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for July 27, 2016:
Continue case status conference to same date as a future hearing in this chapter 11 case, perhaps the date for the hearing on the examiner's report. Set deadline for filing of updated status report.
Tentative Ruling for September 28, 2016:
Discuss with parties disturbing report from examiner and failure to debtor to adequately address in its response many issues raised by the examiner, any one of which taken alone could be sufficient to warrant the appointment of a trustee.
Tentative Ruling for October 19, 2016:
What has transpired since the trustee was appointed? Where does the trustee see this case going? Hearing required.
11/28/16 -- Court approved stipulation continuing hearing to December 7, 2016 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 30, 2016. NO
APPEARANCE REQUIRED.Hearing required.
Tentative Ruling for December 7, 2016:
What is the status of the trustee's administration of this case? Hearing required.
Tentative Ruling for March 8, 2017:
The case status conference does not mention any investigation or analysis by the trustee of any possible substantive consolidation issues. Has the trustee
11:00 AM
commenced or concluded such an analysis? Does the trustee have a sense yet as to whether he is likely to proceed with a sale of the company as distinguished from an internal reorganization? Hearing required.
Tentative Ruling for June 14, 2017:
Continue case status conference to July 11, 2017 at 2:00 p.m. to be held concurrently with trustee's motion for summary judgment in the IP adversary proceeding. Trustee need not file new case status report in connection with that status conference.
APPEARANCES WAIVED ON JUNE 14, 2017.
Tentative Ruling for July 26, 2017:
Revisit status of case after conclusion of hearing on trustee's motion for summary judgment.
Tentative Ruling for August 16, 2017:
Court waived the requirement that the trustee file an updated status report in connection with this status conference and set this date as a holding date.
Are there any upcoming hearings scheduled in this chapter 11 case?
Final Ruling for August 16, 2017:
Continue status conference to October 18, 2017 at 2:00 p.m. Updated status report should be served and filed not later than October 6, 2017.
Tentative Ruling for October 18, 2017:
Continue case status conference to January 10, 2018 at 2:00 p.m.
Disclosure statement should be noticed for same date and time, provided it is filed and served not less than 42 days before this date. Waive requirement of updated status report. APPEARANCES WAIVED ON OCTOBER 18, 2017.
1/9/18 -- Court approved stipulation continuing status conference to February
11:00 AM
14, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 10, 2018.
Tentative Ruling for February 14, 2018:
Continue case status conference to March 1, 2018 at 10:00 a.m. to be heard concurrently with other matters on calendar at that date and time. OFF CALENDAR FOR FEBRUARY 14, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
Adv#: 8:16-01132 Masse v. Carson et al
DEBTOR: ISC8, INC. MATTER: MASSE V. CARSON
fr. 1-11-18
Docket 0
- NONE LISTED -
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
John Carson Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello Sharon Sung
Marc Dumont Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello Sharon Sung
GF Acquisitionco 2012, LLC Represented By
10:00 AM
Kyra E Andrassy Philip E Strok Robert S Marticello Sharon Sung
Irvine Sensors Corporation Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello Sharon Sung
Jack Johnson Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello Sharon Sung
Balraj Roll Pro Se
Seth Hamot Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello Sharon Sung
Thomas Kelly Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello Sharon Sung
Edward Scollins Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello Sharon Sung
Chester White Represented By Kyra E Andrassy Philip E Strok
10:00 AM
Robert S Marticello Sharon Sung
Robert Wilson Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello Sharon Sung
Balraj Joll Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello Sharon Sung
Plaintiff(s):
Alfred M. Masse Represented By Robyn B Sokol Kyra E Andrassy Nina Z Javan
10:00 AM
MOVANT: U.S. BANK, NA
Docket 17
2/22/18 - Kayo Manson-Tompkins, (949)480-1643, has been approved for telephonic appearance on 2/27/18 @ 10am.
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Fermin Rodriguez Represented By Michael D Luppi
Movant(s):
U.S. Bank National Association, As Represented By
Caren J Castle
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: PENNYMAC LOEAN SERVICES, LLC.
Docket 10
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Carlos Alberto Bernal Saldivar Represented By Raymond Perez
Movant(s):
PennyMac Loan Services, LLC Represented By Christina J O
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 8
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Aide Alamo Lopez Represented By Daniel King
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: RALPH PARTNERS, II, LLC.
Docket 9
- NONE LISTED -
Case has been dismissed. Motion is not entirely moot, as it seeks annulment. Either deny motion as moot or, if movant prefers, continue hearing to give movant an opportunity to comply with Court's local, local rule re proceeding to hearing on motions in dismissed cases.
Debtor(s):
Lorna Marie Jackson Pro Se
Movant(s):
Ralph Partners II LLC Represented By Sam Chandra
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: TD AUTO FINANCE, LLC.
Docket 8
2/20/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 2/27/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Willian Eli Rivera Ayala Represented By Leon Nazaretian
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: CHERIE BROWN
Docket 16
2/22/18 - Kurt F. Vote, (559)233-4800, has been approved for telephonic appearance on 2/28/18 @ 10am.
Grant relief from stay to the extent necessary to permit plaintiff to proceed to a final judgment as against debtor without waiver of Rule 4001(a)(3).
Collection will remain stayed.
Debtor(s):
Vaca Partnership Represented By Bahram Madaen
Movant(s):
Cherie Brown Represented By Kurt F Vote
10:00 AM
KRISTOPHER NAHAR TAYYEB
Docket 0
NONE LISTED -
NONE LISTED -
10:30 AM
Docket 15
NONE LISTED -
Authorize debtor to pay prepetition wages and associated taxes up to an aggregate of priority amount per employee, excluding insiders. (Debtor needs to identify which of its employees are insiders.) With regard to insiders, order can provide that, if and when and to the extent that insider compensation has been approved, the debtor is authorized to pay prepetition wages to insiders in accordance with any formula approved through the insider compensation process.
Debtor also seeks authority to continue to honor its practices, programs and policies with respect to Employees, but the motion does not specify what those practices, programs and policies are. What is debtor seeking authority to do here?
Motion does not disclose whether there are any outstanding checks and does not seek authority to permit any such checks to clear. Debtor must close its bank accounts, so court would deny that relief if requested. (Instead, court would be inclined to authorize debtor to reissue those checks from new account, but debtor has not sought that relief or provided sufficient information to permit court to determine whether these additional payments would result in payments in excess of priority amounts.)
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
2:00 PM
Adv#: 2:16-01218 Garcia et al v. Ambrosio
fr. 7-5-16, 10-4-16, 1-31-17, 3-28-17, 6-27-17, 9-12-17, 11-14-17
Docket 1
2/20/18 - Alla Tenina, (213)596-0265, has been approved for telephonic appearance on 2/27/18 @ 2pm
Tentative Ruling for March 28, 2017:
Court instructed plaintiff at last hearing to lodge an order reopening underlying bankruptcy case and an order granting relief from stay. Docket reflect FILING of a notice of lodgment, but it appears that no order was actually lodged.
Hearing required.
Final Ruling for March 28, 2017:
Continue status conference to June 27, 2017 at 2:00 p.m. Parties should file joint status report by June 13, 2017. Plaintiff should serve notice of the continued status conference.
Tentative Ruling for June 27, 2017:
Court has reviewed the parties' joint status report. Why don't the parties want this matter sent to mediation? Hearing required.
8/1/17 -- Parties lodged order appointing mediators, but court rejected it as it
2:00 PM
had not been signed by the parties.
8/2/17 -- Court approved order appointing mediators.
Tentative Ruling for September 12, 2017:
The court would like additional information concerning the reason for the parties' failure to comply with its order that mediation be completed by today and their failure to file a joint status report in a timely manner.
Final Ruling for September 12, 2017:
Continue status conference to November 14, 2017 at 2:00 p.m. Parties are to file joint status report not later than October 31, 2017. Parties shall complete a day of mediation by November 14, 2017. Plaintiff shall lodge scheduling order.
Tentative Ruling for November 14, 2017:
Parties should read court manual. Judge must be served with copy of joint status report. Proof of service does not reflect service on judge. Status report was filed late. Sanction counsel for plaintiff $150 for failing to lodge scheduling order as directed by court at September 12 hearing.
Parties have completed a day of mediation. Do they have any plans to continue the discussions that began at that mediation?
Is a trial date likely to be set in state court at the final status conference? Hearing required.
Tentative Ruling for February 27, 2018:
Has trial in state court concluded? Has there been a ruling? Hearing required.
2:00 PM
Debtor(s):
Gumersindo Justo Ambrosio Represented By Alla Tenina
Defendant(s):
Gumersindo Justo Ambrosio Represented By Alla Tenina
Plaintiff(s):
Zeferino Garcia Represented By Adrian M Baca
Maria Francisco Represented By Adrian M Baca
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:16-01517 Rosendo Gonzalez, Chapter 7 Trustee v. Law Offices of Lior Sadgan, A
fr. 1-24-17, 1-10-17, 4-25-17, 8-15-17, 1-9-18, 1-30-18
Docket 1
NONE LISTED -
P4/3/17 -- Court approved stipulation continuing hearing to May 9, 2017 at 2:00 p.m. OFF CALENDAR FOR APRIL 25, 2017.
Tentative Ruling for January 30, 2018:
Revisit status of action after conclusion of hearings on related matters. OFF CALENDAR. MATTER HAS BEEN DISMISSED.
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
Defendant(s):
Law Offices of Lior Sadgan, A Represented By Raymond H. Aver
Lior Sadgan Represented By
Raymond H. Aver
David Sadgan Represented By Raymond H. Aver
2:00 PM
Elana Sadgan Represented By Raymond H. Aver
David Sadgan and Elana Sadgan as Represented By
Raymond H. Aver
Plaintiff(s):
Rosendo Gonzalez, Chapter 7 Represented By Michael F Frank
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:16-01325 Cha v. Chun
FR. 9-27-16, 11-1-16, 3-28-17, 7-25-17, 11-28-17
Docket 1
NONE LISTED -
9/23/16 -- Court approved stipulation continuing status conference to November 1, 2016 at 2:00 pm. OFF CALENDAR FOR SEPTEMBER 27,
2016.
Tentative Ruling for November 1, 2016:
Impose sanctions of $150 each on counsel for the parties for failing to file joint status report in a timely manner. Set discovery cutoff for late March, 2017. Why don't the parties want this matter sent to mediation? Hearing required.
11/3/16 -- Court signed scheduling order setting following dates: Cont'd status conference -- March 28, 2017 at 2:00 p.m.
Discovery cutoff -- March 31, 2017
L/D to file joint status report -- March 14, 2017
Tentative Ruling for March 28, 2017:
The Court set a discovery cutoff of March 31, 2017. Apparently, the parties will not have completed their discovery by then. Are the parties jointly
2:00 PM
requesting an extension of the discovery cutoff? Why doesn't the plaintiff want this matter sent to mediation? Hearing required.
3/20/17 -- Court approved scheduling order with following dates: Cont'd status conference -- 7/25/17 at 2:00 p.m.
L/D to file joint status report -- 7/11/17
L/D to complete discovery -- August 1, 2017 L/D to complete mediation -- 7/25/17
L/D to lodge order appointing mediators -- 4/21/17
Tentative Ruling for July 25, 2017:
Are the parties on track to complete discovery by August 1? Do the parties anticipate any pretrial motions?
Set pretrial conference and deadline for lodging joint pretrial order. Order parties to complete a day of mediation prior to date of continued status conference.
7/26/17 -- Court approved scheduling order with following dates: Cont'd status conference -- 11/28/17 at 2:00 p.m.
L/D to file joint status report -- 11/14/17 L/D to file pretrial motions -- 10/31/17
L/D to have pretrial motions heard -- 11/28/17 L/D to complete discovery -- 09/30/17
L/D to lodge order appointing mediators -- 08/18/17 L/D to conduct mediation -- 11/27/17
8/22/17 -- Court approved order appointing mediators.
10/2/17 -- Court approved stipulation extending discovery cutoff to October 31, 2017.
Tentative Ruling for November 28, 2017:
2:00 PM
Where is the status report that should have been filed two weeks before the status conference? What is the status of this matter? Hearing required.
12/5/17 -- Court signed scheduling order with following dates: Cont'd status conference -- February 27, 2018 at 2:00 p.m.
Cont'd deadline to complete mediation -- February 27, 2018
Defendant shall make himself available for mediation in January or will be subject to sanction. Plaintiff shall contact defendant and mediator to arrange for mediation in January. If defendant is unable to attend status conference in person, he should make arrangements to appear by telephone at the continued status conference.
Tentative Ruling for February 27, 2018:
Did parties attend mediation as scheduled on February 22, 2018? Hearing required.
Debtor(s):
Eugene B Chun Represented By
Raj T Wadhwani
Defendant(s):
Eugene B Chun Pro Se
Plaintiff(s):
Byeong In Cha Represented By William W Kim
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:17-01196 Dahan v. Barnes
fr. 5-16-17, 8-29-17, 11-28-17
Docket 1
2/23/18 - Marc Lieberman, (310)284-7350 x 120, has been approved for telephonic appearance on 2/27/18 @ 2pm
Tentative Ruling for May 6, 2017:
Explain to debtor the importance of participating in the preparation of joint status reports and other pretrial procedures as set forth in local bankruptcy rules. Plaintiff requests that this matter trail UST's 727 action. Continue status conference to August 29, 2017 at 2:00 p.m. to coincide with status conference in UST's adversary proceeding.
Tentative Ruling for August 29, 2017:
Continue status conference to same date and time as pretrial conference in matter no. 207.
Tentative Ruling for November 28, 2017:
If court grants motion to dismiss 727 action, there is no longer any reason to trail this action. Set continued status conference and require parties to file joint status report in connection with that conference.
Tentative Ruling for February 27, 2018:
2:00 PM
Where is status report that should have been filed February 13, 2018? Hearing required.
Debtor(s):
Ruth Barnes Represented By
Alan W Forsley
Defendant(s):
Ruth Barnes Pro Se
Plaintiff(s):
Shmuel and Theodora Dahan Represented By Johnny White
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:17-01481 Leslie v. Solis et al
fr. 11-28-17
Docket 1
NONE LISTED -
Tentative Ruling for November 28, 2017:
Where is the status report that should have been filed two weeks before the status conference? What is the status of this matter? Hearing required.
Final Ruling for November 28, 2017:
Continue status conference to February 27, 2018 at 2:00 p.m. Parties should file joint status report not later than February 13, 2018.
Tentative Ruling for February 27, 2018:
Set discovery cutoff for August 30, 2018. Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
West Coast Recycling Services, Inc. Represented By
James D. Hornbuckle
2:00 PM
Defendant(s):
Alfredo Solis Represented By
James D. Hornbuckle
Mission Recycling, Inc., a California Represented By
James D. Hornbuckle
Plaintiff(s):
Sam S. Leslie Represented By
Christian T Kim James A Dumas Jr
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim James A Dumas Jr
2:00 PM
Adv#: 2:17-01029 Leslie v. Contreras et al
fr. 3-28-17, 7-11-17, 9-12-17, 11-13-17, 11-14-17, 1-23-18
Docket 1
NONE LISTED -
Parties need to use updated version of status report form.
Set discovery cutoff for approximately 120 days. Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
3/20/17 -- Court approved scheduling order with following dates: Cont'd status conference -- 7/11/17 at 2:00 p.m.
L/D to file joint status report -- 6/27/17 L/D to complete discovery -- 7/31/17 L/D to complete mediation -- 7/11/17
L/D to lodge order appointing mediators -- 4/24/17 4/17/17 -- Court approved order appointing mediators.
7/5/17 -- Court signed order approving stipulation setting following dates:
Cont'd status conference -- September 12, 2017 at 2:00 p.m. L/D to complete discovery -- October 2, 2017
L/D to complete mediation -- September 12, 2017.
2:00 PM
OFF CALENDAR FOR JULY 11, 2017. NO APPEARANCE REQUIRED.
8/31/17 -- Court approved stipulation continuing hearing to November 13, 2017 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 12, 2017.
10/3/17 -- Court approved stipulation continuing discovery cutoff to December 1, 2017.
11/2/17 -- Court signed order approving stipulation continuing status conferenceto January 23, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 14, 2017.
11/3/17 -- Court approved compromise which calls for lump sum payment by January 12, 2018.
1/12/18 -- court approved stipulation continuing hearing to February 27, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 23, 2018.
2/13/18 -- Court approved stipulation dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Julian Contreras Represented By Cynthia Grande
Defendant(s):
Guadalupe Contreras Pro Se
Marely Y. Flores Jimenez Pro Se
Plaintiff(s):
Sam S. Leslie Represented By
Zev Shechtman Sonia Singh
2:00 PM
Trustee(s):
Sam S Leslie (TR) Represented By Eric P Israel Zev Shechtman
2:00 PM
Adv#: 2:16-01470 Alaska USA Federal Credit Union v. Jaso
fr. 1-3-17, 2-14-17, 6-6-17, 8-8-17, 8-22-17, 11-18-17
Docket 1
6/7/17 - Another summons issued
7/14/17 - Request for entry of default entered
Tentative Ruling for November 28, 2017:
Why hasn't Ms. Richey been able to make contact with the defendant, Alex Jaso? What efforts has she made to contact him?
Hearing required.
Final Ruling for November 28, 2017:
Plaintiff's counsel reports that matter has been tentatively settled. Continue status conference to February 27, 2018 at 2:00 p.m.
Tentative Ruling for February 27, 2018:
What is the status of this matter? Has it been settled? Hearing required.
Debtor(s):
Alex Jaso Pro Se
2:00 PM
Defendant(s):
Alex Jaso Pro Se
Plaintiff(s):
Alaska USA Federal Credit Union Represented By
Melissa A Vermillion Cassandra J Richey
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:17-01018 BACH THANH CERAMICS CO, LTD et al v. NGUYEN
fr. 3-28-17, 4-11-17, 7-11-17, 10-17-17
Docket 1
5/10/17 - Another Summons issued.
Tentative Ruling for July 11, 2017:
Plaintiff has now filed amended complaint and obtained and served alias summons. Defendant has filed an answer to complaint. According to the status report, court has granted relief from stay to permit the matter to proceed to trial in state court. That trial was scheduled to commence on June 28, 2017. Did trial get continued? What is the status of the state court action?
Final Ruling for July 11, 2017:
Matter did not proceed to trial in state court. One of defendants filed chapter 13 before Judge Brand. Plaintiff intends to move for relief from stay.
Continue status conference to October 17, 2017 at 2:00 p.m. Parties shall file joint status report not later than October 3, 2017.
Tentative Ruling for October 17, 2017:
According to status report, chapter 13 case has been dismissed and a trial setting conference was scheduled to be held in state court on October 6, 2017. What happened at that trial setting conference?
2:00 PM
Final Ruling for October 17, 2017:
Continue status conference to February 27, 2018 at 2:00 p.m. Plaintiff should give notice. Parties should file joint status report not later than February 13, 2018.
Tentative Ruling for February 27, 2018:
The parties report that the matter has been "conditionally settled" and that the settlement should be consummated by July 31, 2018. What does this mean? What are the terms of the proposed settlement? Hearing required.
Debtor(s):
YEN NGUYEN Pro Se
Defendant(s):
YEN NGUYEN Represented By
Yen Nguyen - INACTIVE -
Plaintiff(s):
BACH THANH CERAMICS CO, Represented By
Joey P Moore
BACH THANH CERAMICS, INC. Represented By
Joey P Moore
Hoa Thuy Tran Represented By Joey P Moore
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:17-01033 R. Michael Collum, a Law Corporation et al v. Masud
fr. 4-4-17, 6-6-17, 9-12-17, 11-14-17, 1-9-18
Docket 1
NONE LISTED -
Tentative Ruling for June 6, 2017:
Apparently, the parties' settlement involves property of the bankruptcy estate and the trustee reportedly does not support the proposed settlement. Order the parties and the trustee to participate in a day of medation prior to the date of the continued status conference.
Final Ruling for June 6, 2017:
Continue status conference to September 12, 2017 at 2:00 p.m. Joint status report waived. It may make sent to permit parties to refrain from actively litigating this action to see where 727 action goes.
Tentative Ruling for September 12, 2017:
What, if anything, has transpired since last status conference? Hearing required.
Final Ruling for September 12, 2017:
Parties report that they have agreed to settlement in principle. Continue status conference to November 14, 2017 at 2:00 p.m. Parties are to file joint
2:00 PM
status report not later than October 31, 2017.
Tentative Ruling for November 14, 2017:
Sanction counsel for parties $150 each for failing to file joint status report. What is the status of this matter? Hearing required.
Tentative Ruling for January 9, 2018:
The last item on the docket is a notice of ruling directing parties to file a timely joint status report if the matter hasn't been dismissed by the date of the status conference explaining why the matter has been delayed and has not been settled. The matter has not been dismissed and the joint status report was not filed in a timely manner. Impose sanctions of $250 each on counsel for the parties and continue the status conference again. Issue an OSC re dismissal and set hearing on OSC for same date and time as continued status conference.
Final Ruling for January 9, 2018:
Continue status conference to February 27, 2018 at 2:00 p.m. Plaintiff will be filing a motion to approve compromise.
Tentative Ruling for February 27, 2018:
Has plaintiff filed compromise motion? What is the status of this matter?
Debtor(s):
Jaffer Bernard Masud Represented By Andre A Khansari
Defendant(s):
Jaffer Bernard Masud Represented By Andre A Khansari
2:00 PM
Plaintiff(s):
R. Michael Collum, a Law Represented By Marc A. Collins Andre A Khansari
Ashaa Siewkumar Represented By Marc A. Collins Andre A Khansari
Trustee(s):
Timothy Yoo (TR) Represented By Diane C Weil Zev Shechtman
2:00 PM
Adv#: 2:17-01288 Yoo v. Masud
Complaint by Timothy J Yoo against Jaffer Bernard Masud fr. 8-1-17, 9-12-17, 11-14-17, 1-9-18
Docket 1
NONE LISTED -
7/31/17 -- Court approved stipulation vacating defendant's default and continuing status conference to September 12, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 1, 2017. NO APPEARANCE REQUIRED.
Tentative Ruling for September 12, 2017:
Discuss with plaintiff timing of possible summary judgment motion referenced in joint status report.
10/25/17 -- Court approved stipulation continuing hearing to January 9, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 14, 2017.
12/29/17 -- Court approved stipulation continuing hearing to February 27, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 9, 2017.
2/7/18 -- Court approved compromise, calling for lump sum payment.
2/20/18 -- Court approved stipulation continuing status conference to April 10, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2018.
Debtor(s):
Jaffer Bernard Masud Represented By
2:00 PM
Andre A Khansari
Defendant(s):
Jaffer Bernard Masud Represented By Andre A Khansari
Plaintiff(s):
Timothy J Yoo Represented By Zev Shechtman
Trustee(s):
Timothy Yoo (TR) Represented By Diane C Weil Zev Shechtman
2:00 PM
Adv#: 2:17-01514 Avery v. Lee et al
fr 1-2-18, 1-9-18
Docket 1
NONE LISTED -
Continue to March 14, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of compromise. OFF CALENDAR FOR FEBRUARY 27, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Steven S Yang Represented By Joon M Khang
Defendant(s):
Wonju Lee Pro Se
Hwa Joon Min Pro Se
Royals Protein, Inc. Pro Se
Shepherd Alliance, Inc. Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
2:00 PM
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:00 PM
Adv#: 2:17-01322 Ningbo Kuangfeng International Trade Co., LTD., a v. Chunming LI
#211.00 Status Conference re: 41 (Objection / revocation of discharge - 727(c),(d),(e)))
(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) ,(66 (Dischargeability - 523(a)(1),(14),(14A) priority tax claims)) ,(14 (Recovery of money/property - other)) Complaint by Ningbo Kuangfeng International Trade Co., LTD., a Chinese Corporation , Ningbo Yongjit International Co., LTD., a Chinese Corporation , Ningbo ETDZ Huixing Trade Co., LTD., a Chinese Corporation against Chunming LI
fr. 8-15-17, 10-3-17, 12-19-17
Docket 1
10/23/17 - Amended Second Complaint filed.
8/1/17 -- Court approved stipulation permitting plaintiff to file amended complaint and continuing status conference to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 15, 2017. NO APPEARANCE REQUIRED.
Revisit status of case after conclusion of hearing on motion to dismiss.
Tentative Ruling for December 19, 2017:
Second amended complaint and answer have been filed. No motion to dismiss was filed. How long do the parties anticipate that they will require to conduct discovery? Hearing required.
Tentative Ruling for February 27, 2018:
Do the parties still anticipate that the state court trial will proceed on May 23? Hearing required.
2:00 PM
Debtor(s):
Chunming Li Represented By
Maria W Tam
Defendant(s):
Chunming LI Represented By
Maria W Tam
Plaintiff(s):
Ningbo Kuangfeng International Represented By
Peiwen Chang
Ningbo Yongjie International Co., Represented By
Peiwen Chang
Ningbo ETDZ Huixing Trade Co., Represented By
Peiwen Chang
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:17-01472 Yoo v. Rodriguez et al
fr. 11-14-17
Docket 1
NONE LISTED -
Set discovery cutoff of January 31, 2018 and final status conference for approximately same time frame.
11/16/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- February 27, 2018 at 2:00 p.m.
L/D to file joint status report -- February 13, 2018 L/D to conduct discovery -- February 28, 2018
2/14/18 -- Court approved stipulation setting following dates: Cont'd status conference -- May 8, 2018 at 2:00 p.m.
Cont'd discovery cuotff -- April 30, 2018
L/D to file joint status report -- April 24, 2018. OFF CALENDAR FOR FEBRUARY 27, 2018.
Debtor(s):
Martin Edward Rodriguez Represented By Raymond Perez
2:00 PM
Defendant(s):
Consuelo Rodriguez Represented By Jeffrey B Smith
Mary H. Rodriguez Represented By Jeffrey B Smith
Martin Edward Rodriguez Pro Se
Plaintiff(s):
Timothy J. Yoo Represented By Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay Lindsey L Smith
2:00 PM
Adv#: 2:16-01389 Richard K. Diamond, Chapter 7 Trustee v. Jacqueline Ann Meek,
fr. 4-25-17, 8-1-17, 8-15-17, 2-6-18
Docket 1
NONE LISTED -
Set discovery cutoff date and deadline for plaintiff to file motion for summary judgment or partial summary adjudication. Continue status conference to date that can be used as hearing on motion for summary judgment.
7/12/17 -- Court approved stipulation continuing hearing to August 15, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 1, 2017.
Tentative Ruling for August 15, 2017:
Revisit status of action after conclusion of hearing on motion for summary judgment or partial summary adjudication.
Tentative Ruling for October 17, 2017:
Discovery has closed. Do the parties need to reopen discovery on the issue of the value of AVRS? Set deadlines concerning expert disclosures and expert discovery.
10/23/17 -- Court approved scheduling order with following dates: 10/31/17 -- L/D to exchange names and addresses of expert witnesses
2:00 PM
12/15/17 -- L/D to exchange expert witness reports 1/16/18 -- L/D to conduct depositions of expert witnesses 1/23/17 -- L/D to lodge proposed joint pretrial order 2/6/18 at 2:00 p.m. -- Pretrial conference
12/18/17 -- Court approved stipulation setting following dates:
L/D for parties to file and exchange expert witness reports -- January 8, 2018 L/D to depose experts -- February 6, 2018
L/D to lodge joint pretrial order -- February 13, 2018 Pretrial conference -- February 27, 2018 at 2:00 pm
Tentative Ruling for February 27, 2018:
At request of parties, continue pretrial conference to May 22, 2018 at 2:00
p.m. Plaintiff should lodge a scheduling order with the dates set forth in the parties' Joint Pre-trial Statement Regarding Settlement. APPEARANCES WAIVED ON FEBRUARY 27, 2018.
Debtor(s):
Gary Meek Represented By
Jeremy Faith
Defendant(s):
Jacqueline Ann Meek, Individually Represented By
Michael J Conway James R Felton
Yi S Kim
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Steven Werth Elissa Miller
Trustee(s):
Richard K Diamond (TR) Represented By
2:00 PM
Elissa Miller Steven Werth
2:00 PM
Adv#: 2:17-01413 United States of America ex rel. Gerson Fox et al v. Miller et al
fr. 1-30-18
Docket 23
NONE LISTED -
Tentative Ruling for January 30, 2018:
Grant motion. Dismiss first through third claims without leave to amend. Nothing alleged in the complaint constitutes a breach of fiduciary duty or aiding and abetting a breach of fiduciary duty. If movants believe that the trustee is pursuing claims that are not well founded, their remedy is to defend those claims and, if they are successful in defending those claims and can prove that the trustee acted with malice and knew the claims were frivolous, to bring a malicious prosecution action at that time. In the interim, nothing that the trustee has done in this case appears to be inappropriate in any respect. It is her responsibility to investigate and pursue potential claims and assets of the estate and to object to the debtor's discharge if she believes there are grounds to do so, and the Court has already rejected movant's arguments concerning the scope of any claim releases contained in settlement signed in different bankruptcy cases by a different trustee and has already denied the debtor's discharge, demonstrating that it was appropriate for the trustee to bring an objection to his discharge.
Final Ruling for January 30, 2018:
Court granted Elissa Miller's motion to dismiss with regard to the first, third and fourth claims for relief and granted the motion of Sulmeyer Kupetz to continue the hearing on its motion to give plaintiff the benefit of the "safe
2:00 PM
harbor" required by Rule 9011. Continue hearing on remaining claim (second claim for relief) to February 27, 2018 at 2:00 p.m. to give plaintiff an opportunity to withdraw claim.
Tentative Ruling for February 27, 2018:
Plaintiff has now withdrawn the remaining claim for relief (the second). Defendant should lodge an order dismissing the second claim for relief. OFF CALENDAR. MOTION NOW FULLY RESOLVED. (Plaintiff cannot proceed against Sulmeyer for aiding and abetting Miller in connection with a claims that were dismissed.) APPEARANCES WAIVED.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Defendant(s):
Elissa D. Miller Represented By Ryan D ODea
Sulmeyer Kupetz Represented By
T. John Fitzgibbons
International Sureties, Ltd. Pro Se
Movant(s):
Sulmeyer Kupetz Represented By
T. John Fitzgibbons
Plaintiff(s):
United States of America ex rel. Represented By Michael D Dempsey
Gerson Fox Represented By
Michael D Dempsey
2:00 PM
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Adv#: 2:17-01413 United States of America ex rel. Gerson Fox et al v. Miller et al
fr. 1-31-18
Docket 25
NONE LISTED -
02/05/2018 -- Court entered order dismissing first, third and fourth claims for relief without leave to amend, which are the only claims against defendant Miller. Plaintiff has withdrawn second claim for relief as against the Sulmeyer firm. There is nothing left of this complaint to dismiss. Motion has been fully resolved. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Defendant(s):
Elissa D. Miller Represented By Ryan D ODea
Sulmeyer Kupetz Represented By
T. John Fitzgibbons
International Sureties, Ltd. Pro Se
Movant(s):
Elissa D. Miller Represented By
2:00 PM
Ryan D ODea
Plaintiff(s):
United States of America ex rel. Represented By Michael D Dempsey
Gerson Fox Represented By
Michael D Dempsey
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Adv#: 2:17-01413 United States of America ex rel. Gerson Fox et al v. Miller et al
fr. 10-31-17, 1-23-17, 1-30-18
Docket 1
11/2/17 - Another Summons issued.
12/4/17 - Another Summons issued.
Summons has not yet been served. Response is not yet due. Continue status conference to date that will be after responses have been filed that can serve as date of hearing on motion to dismiss.
Continue hearing to January 23, 2018 at 2:00 p.m. APPEARANCES WAIVED.
1/12/18 -- Court signed order approving stipulation continuing hearing to January 30, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 23, 2018.
Tentative Ruling for January 30, 2018:
Revisit status after conclusion of hearings on related matters.
Tentative Ruling for February 27, 2018:
Once defendant lodges order dismissing second claim for relief, complaint will be fully resolved. OFF CALENDAR. NO APPEARANCE REQUIRED.
2:00 PM
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Defendant(s):
Elissa D. Miller Represented By Ryan D ODea
Sulmeyer Kupetz Represented By
T. John Fitzgibbons
International Sureties, Ltd. Pro Se
Plaintiff(s):
United States of America ex rel. Represented By Michael D Dempsey
Gerson Fox Represented By
Michael D Dempsey
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
10:00 AM
Docket 413
NONE LISTED -
Sustain objections. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Diamond Decisions Inc Represented By Alan G Tippie
Howard Grobstein
Trustee(s):
HOWARD Grobstein Represented By David B Golubchik
Anthony A Friedman
Levene Neale Bender Rankin & Brill LLP Lindsey L Smith
10:00 AM
Docket 25
NONE LISTED -
Grant motion. Reopen case for period of 30 days to permit debtor to file motion to avoid liens and evidence of completion of financial management course. APPEARANCES WAIVED. Movant should lodge order consistent with tentative ruling.
Debtor(s):
Elena Oliveras Represented By Michael H Yi
Joint Debtor(s):
Wilfred Oliveras Represented By Michael H Yi
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 22
2/20/18 - Brett McMurdo, (805)644-7111, has been approved for telephonic appearance on 2/28/18 @ 10am
Grant motion. Dismiss case. APPEARANCES WAIVED. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
South Pacific & China Supply, Inc. Represented By
Daniel A Higson
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Docket 316
NONE LISTED -
Grant motion. APPEARANCES WAIVED. Movant is authorized to upload order granting motion and directing clerk to enter discharge and thereafter reclose the bankruptcy case.
Debtor(s):
Donn M Campbell Represented By Roseann Frazee Paul P Young
10:00 AM
Docket 37
2/22/18 - Kurt F. Vote, (559)233-4800, has been approved for telephonic appearance on 2/28/18 @ 10am.
Deny. Movant will be able to proceed to trial if Court grants relief from stay (as tentative ruling for February 27 indicates is likely). See tentative ruling for matter no. 5.10.
2/27/18 -- Updated tentative ruling in light of filing of notice of nonopposition. DENY MOTION AS MOOT IN LIGHT OF GRANT OF UST'S MOTION. APPEARANCES WAIVED. MOVANT IS INSTRUCTED TO LODGE ORDER CONSISTENT WITH TENTATIVE RULING. ORDER MAY PROVIDE THAT, NOTWITHSTANDING DISMISSAL, COURT WILL RETAIN JURISDICTION TO CONSIDER 9011 MOTION.
Debtor(s):
Vaca Partnership Represented By Bahram Madaen
10:00 AM
Docket 12
NONE LISTED -
Debtor has failed to file numerous essential documents and failed to attend the initial debtor interview. Court and parties cannot process case without such things as the schedules, statement of financial affairs, application to employ counsel, real property questionnaires, evidence of closing of bank accounts, evidence of insurance, etc. The debtor has done basically nothing to prosecute this case. Conversion to chapter 7 will not resolve this problem. Debtor's opposition to motion for relief from stay talked about wanting to reorganize. Debtor's opposition to creditor's motion to dismiss talked about wanting to liquidate. What does the debtor hope to accomplish in this bankruptcy case?
Grant motion to dismiss.
2/27/18 -- Debtor has filed notice of nonopposition to this motion. GRANT MOTION. APPEARANCES WAIVED. MOVANT IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Vaca Partnership Represented By Bahram Madaen
10:00 AM
fr. 10-18-17, 11-29-17
Docket 831
NONE LISTED -
10/12/17 -- court approved stipulation continuing hearing to November 29, 2017 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 18, 2017.
11/21/17 -- court approved stipulation continuing hearing to February 28, 2018 at 10:00 a.m. OFF CALENDAR FOR NOVEMBER 29, 2017.
1/23/18 -- Court approved compromise resolving matter. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
Trustee(s):
Province, Inc., as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 1-10-18, 1-31-18
Docket 259
2/12/18 - Mikel Bistrow, (619)400-0520, has been approved for telephonic appearance on 2/28/18 @ 10am
2/27/18 - John Tedford, (310)277-0077 , has been approved for telephonic appearance on 2/28/18 @ 10am
Tentative Ruling for January 10, 2018:
If the debtor succeeds in confirming a plan that pays unsecured creditors in full, any distribution that the debtor may want to make to Bank of American will not adversely affect any other creditor. However, debtor has not yet confirmed such a plan and, in the interim, court agrees that the proposed settlement appears rather generous to Bank of America in light of its failure to file a timely proof of claim. As the parties contemplate that the claim will be paid over time under the debtor's plan, there does not appear to be any urgency to the court's approving the compromise now rather than later.
Continue hearing to permit compromise to be considered concurrently with confirmation of the debtor's plan.
Tentative Ruling for February 28, 2018:
Continue to trail motion for approval of compromise with confirmation-related hearings.
10:00 AM
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
Approve Compromise between Debtor Altadena Lincoln Crossing, LLC and George Garikian as Trustee of the George Garikian Living Trust;
Modify Cash Collateral Order to Approve $50,000 Expenditure Required by Compromise
Docket 369
2/12/18 - Mikel Bistrow, (619)400-0520, has been approved for telephonic appearance on 2/28/18 @ 10am
2/27/18 - John Tedford, (310)277-0077 , has been approved for telephonic appearance on 2/28/18 @ 10am
NOTE: It is not helpful that the debtor is defined at the beginning of the Motion as the "Debtor," but then periodically referred to as ALC, which has no definition in the body of the motion.
The fact that EWB may have reviewed the leases that are to be assumed is not helpful. The court had not reviewed them. They have now been provided, but where is the indemnification agreement and the SK Market lease? The debtor intends to assume the indemnification agreement, and that agreement reportedly obligates the debtor to indemnify Garikian against the risk that B&V will argue that agreements between the debtor and Garikian will result in the debtor's inability to perform under the SK Market lease. The Court cannot evaluate this risk and the debtor's possible exposure under the indemnification agreement without being able to see these documents.
And has B&V been served with this motion? It would be helpful to know whether B&V believes that all of the parking issues will be resolved if this
10:00 AM
compromise is approved.
The Court agrees with EWB that the motion does not discuss the impact on the debtor or its operations or the value of the property from assuming the leases and the indemnification agreement. Similarly missing from the motion is any discussion of how/why EWB will remain adequately protected if
$50,000 of its cash collateral is diverted to this use. Motion asserts that this will be the case but does not provide any support for this conclusion.
Are there any timing constraints? When would the debtor realistically anticipate that construction would begin? Are there be any actual bids or construction contracts or other documentation to support the debtor's estimate that $50,000 will suffice for this work? Is there any reason that the compromise needs to be approved now, or can it be permitted to trail with the other confirmation issues?
Hearing required.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
fr. 1-31-18
Docket 353
2/12/18 - Mikel Bistrow, (619)400-0520, has been approved for telephonic appearance on 2/28/18 @ 10am
2/27/18 - John Tedford, (310)277-0077 , has been approved for telephonic appearance on 2/28/18 @ 10am
Certain of EWB's objections to the disclosure statement are well-taken. The Court has a number of additional comments/corrections concerning the form of the document. All of this will be discussed on the record at the time of hearing on the disclosure statement.
OFF CALENDAR. DEBTOR HAS NOW FILED FOURTH AMENDED DISCLOSURE STATEMENT.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
Docket 391
2/12/18 - Mikel Bistrow, (619)400-0520, has been approved for telephonic appearance on 2/28/18 @ 10am
2/27/18 - John Tedford, (310)277-0077 , has been approved for telephonic appearance on 2/28/18 @ 10am
Approve disclosure statement, subject to a few additional changes that will be discussed on the record at the time of the hearing.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
Docket 1
2/12/18 - Mikel Bistrow, (619)400-0520, has been approved for telephonic appearance on 2/28/18 @ 10am
2/27/18 - John Tedford, (310)277-0077 , has been approved for telephonic appearance on 2/28/18 @ 10am
5/22/17 -- Court granted motion setting bar date of August 9, 2017. Tentative Ruling for May 31, 2017:
Continue case status conference to date that can serve as date of hearing on disclosure statement, unless debtor plans to commence payments instead of filing plan on 90th day.
Tentative Ruling for June 14, 2017:
Debtor has now filed plan and disclosure statement. Continue case status conference to date of hearing on disclosure statement.
Tentative Ruling for August 2, 2017:
Continue case status conference to date of continued hearing on disclosure statement.
8/31/17 -- Court signed order continuing hearing to October 18, 2017 at 2:00
p.m. OFF CALENDAR FOR OCTOBER 4, 2017.
10:00 AM
Tentative Ruling for February 28, 2018:
Revisit status of case after conclusion of hearing on disclosure statement.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
11:00 AM
fr. 2-15-17, 8-30-17
Docket 1
NONE LISTED -
Court has reviewed reorganized debtor's status report. Continue case status conference to June 13, 2018 at 11:00 a.m. Reorganized debtor should file updated status report accompanied by declaration not later than June 1, 2018. APPEARANCES WAIVED ON FEBRUARY 28, 2018.
Debtor(s):
Hansen Freightlines Incorporated Represented By
David L. Neale Krikor J Meshefejian
11:00 AM
Docket 412
NONE LISTED -
What became of Thomas's request for payment of an expense of administration? Did the court enter an order denying/disallowing it?
Debtor wants to further modify plan to provide for interest on the amount of the class 6 claims at the federal judgment rate. For ease of calculation, confirmation order should provide for interest at a fixed rate.
In light of withdrawal of objection by McHugh, there are no objections and classes 2, 3, 4 and 5 have voted in favor of confirmation. In Class 6, four creditors with votes totalling $7,000 in dollar amount voted in favor of confirmation. A fifth creditor, Thomas, initially voted to reject the plan and then authorized counsel to change his ballot to "undecided" subject to a series of conditions. There is no such thing. Court will treat the ballot as a ballot rejecting confirmation.
Therefore, the plan must be confirmed with regard to Class 6 pursuant to section 1129(b). With the addition of interest for the Class 6 creditors, these creditors are being paid in full and the plan may be confirmed over their objection under 1129(b)(2)(B)(i).
OFF CALENDAR. PLAN HAS BEEN CONFIRMED.
Debtor(s):
Albany Investment Properties, LLC Represented By
11:00 AM
Raymond H. Aver
R Alexander Comley
11:00 AM
fr. 10-15-14, 10-29-14, 11-5-14, 1-14-15, 5-20-15, 7-22-15, 10-14-15, 2-10-16,
2-24-16, fr. 3-30-16, 5-11-16, 8-3-16, 9-14-16, 9-28-16, 12-14-16, 2-1-17, 5-3-
17, 6-7-17, 8-2-17, 8-30-17
Docket 1
NONE LISTED -
Several parties appear interested in purchasing the debtor's real properties. Debtor should notice sales of these properties subject to overbid even without having first selected a stalking horse bidder. Interested parties competing with one another to purchase these properties should produce highest and best offer as among current prospective purchasers. Set deadline for debtor to bring motion for approval of sales of all properties. Court will enter order appointing trustee if motion to approve sale is not brought by deadline imposed by the Court.
8/3/15 -- Court signed scheduling order setting following dates:
Cont'd hearing on motion to appoint trustee and for relief from stay -- October 14, 2015 at 11:00 a.m.
L/D to file and serve motion for authority to sell Albany Properties -- August 12, 2015
L/D to file application to employ broker(s) (or include within sale motion) -- August 12, 2015
Sale hearing -- October 14, 2015 at 11:00 a.m.
Tentative Ruling for October 14, 2015:
If Albany sale closes, will debtor be in a position to file plan? Hearing required.
11:00 AM
1/4/16 -- Court approved stipulation continuing hearing to February 24, 2016 at 11:00 a.m. OFF CALENDAR FOR JANUARY 6, 2016.
Tentative Ruling for February 24, 2016:
If Albany sale closes, will debtor be in a position to file plan? Hearing required.
3/21/16 -- Court signed order continuing hearing to May 11, 2016 at 2:00 p.m. OFF CALENDAR FOR MARCH 30, 2016.
4/25/16 -- Court approved stipulation continuing hearing to August 3, 2016 at 2:00 p.m. OFF CALENDAR FOR MAY 11, 2016.
Tentative Ruling for August 3, 2016:
According to the docket, the parties settled this matter during a settlment conference held June 13, 2016 before Judge Jury. What has happened since then? Will there be an amended plan? What is the status of this matter?
Tentative Ruling for September 14, 2016:
Continue to September 28, 2016 at 11:00 a.m. to be heard concurrently with substantive motions set for hearing at that date and time. OFF CALENDAR FOR SEPTEMBER 14, 2016.
Tentative Ruling for September 28, 2016:
Revisit status of case after conclusion of hearings on related matters.
Tentative Ruling for December 14, 2016:
Continue to February 1, 2017 at 2:00 p.m. to be heard concurrently with hearing on amended disclosure statement. OFF CALENDAR FOR
11:00 AM
DECEMBER 14, 2016.
Tentative Ruling for February 1, 2017:
Revisit status of case after conclusion of hearing on disclosure statement.
4/26/17 -- Court approved stipulation continuing hearing to June 7, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 3, 2017. NO APPEARANCE REQUIRED.
6/2/17 -- Court approved stipulation continuing hearing to August 2, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 7, 2017.
Tentative Ruling for August 30, 2017:
Revisit status of case after conclusion of confirmation hearing.
Tentative Ruling for February 28, 2018:
Court has reviewed reorganized debtor's status report. Page 6 of that report states that all class 6 claimants have received payments other than Jeffrey Thomas. Has the reorganized debtor been depositing payments on account of this disputed claim into a disputed claim reserve? Hearing required.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
11:00 AM
fr. 3-16-16, 5-4-16, 8-10-16, 10-19-16, 11-2-16, 12-14-16, 2-15-17,4-26-17, 10-
4-17, 12-6-17
Docket 1
NONE LISTED -
When Court appointed trustee, Court set case status conference for May 4, 2016 at 11:00 a.m. and instructed UST to include in order appointing trustee the date of the status conference and that a written status report will be due by April 22. This language did not find its way into the order. No status report was filed.
What is the status of this matter?
Tentative Ruling for August 10, 2016:
When will trustee be filing chapter 11 plan? Continue case status conference to date that can serve as date of hearing on disclosure statement. Waive requirement of updated status report for next hearing.
Tentative Ruling for November 2, 2016:
Revisit status of case after conclusion of hearing on disclosure statement.
12/5/16 -- court continued hearings to February 15, 2017 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 14, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for February 15, 2017:
Revisit status of case after conclusion of hearing on disclosure statement.
11:00 AM
Tentative Ruling for April 26, 2017:
If court confirms plan, take case status conference off calendar and set post- confirmation status conference.
Tentative Ruling for October 4, 2017:
At trustee's request, continue post-confirmation status conference to December 6, 2017 at 11:00 a.m. Trustee should file updated status report not later than November 29, 2017. APPEARANCES WAIVED ON OCTOBER 4, 2017.
Tentative Ruling for December 6, 2017:
Debtor should demand return of excess funds by a date certain and, if funds are not returned by that date, bring a motion to compel refund of overpayment. Continue case status conference to February 28, 2018 at 11:00 a.m. Trustee should file an updated status report not later than February 16, 2018. APPEARANCES WAIVED ON DECEMBER 6, 2017.
Tentative Ruling for February 28, 2018:
It seems pretty straightforward that PA Investment should be required to return the overpayment (the "Excess Funds"). Set deadline for the debtor to commence action against PA Investment for a return of the Excess Funds. If the debtor fails to comply with this deadline or to supply the missing $85,000 itself, trustee should move forward with a sale of the property. Plan needs to be consummated.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro
11:00 AM
Trustee(s):
Elissa Miller (TR) Represented By David M Goodrich Asa S Hami Daniel A Lev
11:00 AM
fr. 8-17-16, 11-1-16, 2-15-17, 5-10-17, 5-17-17, 6-14-17, 8-30-17, 9-6-17
Docket 1
NONE LISTED -
Set bar date and deadline for filing objections to claims. Set deadline for filing plan and disclosure statement.
6/17/16 -- Court granted application for bar date. Deadline to serve notice of bar date -- August 20, 2016. Bar date -- October 31, 2016.
Tentative Ruling for November 1, 2016:
Set deadline for filing plan and disclosure statement in approximately 90 days. Continue case status conference to date scheduled for hearing on disclosure statement.
11/4/16 -- Court signed scheduling order setting following dates:
L/D to file plan and disclosure statement -- December 28, 2016 Hearing on disclosure statement -- February 15, 2017 @ 2:00 p.m. Cont'd status conference -- February 15, 2017 @ 2:00 p.m.
8/14/17 -- Court approved stipulation continuing hearing to September 6, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 30, 2017. Tentative
Ruling for February 15, 2017:
Revisit status of case after conclusion of hearing on disclosure statement.
11:00 AM
Tentative Ruling for September 6, 2017:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for February 28, 2018:
It appears that the debtor's revenues have been decreasing each month. What is going on and how long will the debtor be able to sustain operations and continue to make plan payments if this continues? Hearing required.
Debtor(s):
TCC General Contracting, Inc. Represented By Steven R Fox
11:00 AM
fr. 1-4-17, 1-25-17, 7-26-17, 10-4-17
Docket 1
NONE LISTED -
11/16/16 -- At hearing held this date, Court continued case status conference to January 25, 2017 at 11:00 a.m. Debtor should file and serve status report by January 11, 2017. OFF CALENDAR FOR JANUARY 4, 2017. NO APPEARANCE REQUIRED.
Tentative Ruling for January 25, 2017:
Set deadline for serving notice of bar date and bar date for filing proofs of claim. In the status report, debtor reports that it is still losing money. When does the debtor anticipate that this will turn around? What additional steps is the debtor taking in an effort to turn this around? Hearing required.
Final Ruling for January 25, 2017:
Set deadline for serving bar date notice of January 30, 2017. Bar date will be March 17, 2017. Continue status conference to April 26, 2017 at 11:00 a.m. Debtor should file updated status report not later than April 14, 2017.
Tentative Ruling for April 26, 2017:
Debtor served notice of bar date, but did not lodge order imposing a bar date. (Court's notes do not reflect instructing counsel to do so, but court will need such an order on the docket. Counsel should lodge one now.)
11:00 AM
Set deadline for filing plan and disclosure statement in late May, 2017. Continue case status conference to date that can serve as date of hearing on debtor's disclosure statement.
4/27/17 -- court signed order setting bar date of March 17, 2017.
5/3/17 -- Court signed scheduling order setting deadline for filing plan and disclosure statement of June 7, 2017.
Tentative Ruling for July 26, 2017:
Continue case status conference to date and time of continued hearing on disclosure statement or, if disclosure statement is approved, to the date and time of the confirmation hearing.
Tentative Ruling for October 4, 2017:
If court confirms plan, set post-confirmation status conference and deadline for filing post-confirmation status report, supported by declaration.
Tentative Ruling for February 28, 2018:
What, if anything, has to occur before the debtor will be in a position to move for entry of a final decree? Are there any unresolved disputes or claim objections?
Debtor(s):
Critical Car Care, Inc. Represented By Steven R Fox
11:00 AM
Docket 58
NONE LISTED -
Convert case to chapter 7 if sale motion is not on file by the time of the hearing.
Debtor(s):
Raymond Gerald Paret Represented By Onyinye N Anyama
11:00 AM
Docket 1
NONE LISTED -
Set deadline for service of notice of bar date and bar date. Continue status conference for approximately 90 days.
Order authorizing employment of counsel has been signed. Has counsel filed a declaration of nonopposition to application to employ broker?
4/27/17 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- May 5, 2017
Bar date -- July 7, 2017
L/D to file updated status report -- July 21, 2017
Cont'd status conference -- August 2, 2017 at 11:00 a.m.
Tentative Ruling for August 2, 2017:
Court already set a bar date. Did debtor serve notice of the bar date in a timely manner? Court signed an order granting the debtor's application to employ a real estate broker on May 8, 2017. Has any progress been made toward obtaining approval of a sale? Is the property being marketed? If not, why not? Hearing required.
Tentative Ruling for November 8, 2017:
When will the debtor be filing a motion to approve sale, subject to overbid? Issue OSC re conversion or appointment of chapter 11 trustee and set
11:00 AM
hearing for date that can serve as date of hearing on motion for approval of sale.
Tentative Ruling for February 28, 2018:
Revisit status of case after conclusion of hearing on Order to Show Cause.
Debtor(s):
Raymond Gerald Paret Represented By Onyinye N Anyama
11:00 AM
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. Set deadline for filing chapter 11 plan.
11/20/17 -- Court signed scheduling order with following dates: L/D to serve notice of bar date -- November 17, 2017
Bar date -- January 8, 2018
L/D to file updated status report -- February 16, 2018
Cont'd status conference -- February 28, 2018 at 11:00 a.m. L/D to file plan and disclosure statement -- March 31, 2018
Tentative Ruling for February 28, 2018:
Court signed an order authorizing the employment of Jennifer Min Liu as accountant on December 5, 2017. Why has the debtor filed another motion to approve her employment? Is different relief being requested this time?
Hearing required.
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
2:00 PM
Docket 83
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Clifton Charles Powell Represented By
Kourosh M Pourmorady
Trustee(s):
Wesley H Avery (TR) Represented By Stella A Havkin
2:00 PM
Docket 145
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
National Electric Manufacturing Represented By
Michael S Kogan
Trustee(s):
Sam S Leslie (TR) Represented By Leonard M Shulman Elyza P Eshaghi Franklin J Contreras Lynda T Bui
2:00 PM
Docket 38
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Saul Cancino Ventura Represented By Joseph S Park
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Docket 591
2/20/28 - Kathy Driggers, (949)766-8787 x101, has been approved for telephonic appearance on 2/28/18 @ 2pm
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Kim Allen Gill Represented By Michael R Totaro Norma Ann Dawson D Edward Hays Arthur M Wilkof David Wood Michelle Dean
Trustee(s):
Jason M Rund (TR) Represented By Steve Burnell Thomas H Casey
2:00 PM
Docket 210
NONE LISTED -
If the IRS wanted to conduct discovery regarding its objections to fee applications, it should have commenced the discovery by now. Court will not provide a further opportunity for the IRS to commence discovery at this point.
The reasonableness of fees needs to be assessed not with 20-20 hindsight, but from the vantage point of what the professional knew and what was reasonable at the time. The standard is whether the fees were actually and necessarily incurred, not whether, after the fact, they produced a net benefit for the estate. The reply adequately addresses the issues raised in the objection, and trustee's professionals have already taken a sufficiently large voluntary reduction to address any concerns that the Court might have had with regard to the billing efficiency or unnecessary or duplicative charges. Moreover, it seems odd for the IRS to be arguing that the trustee's professionals should have known earlier that the estate's claims were not likely to produce significant value for the estate when it was the IRS that was objecting to the proposed compromise and urging continued litigation of the claims.
Overrule objection. Approve trustee's final report in full.
Debtor(s):
Mary Ann Brumbaugh Represented By Teresa A. Blasberg
Trustee(s):
Richard K Diamond (TR) Represented By Zev Shechtman Howard Kollitz
2:00 PM
Paula Kane
2:00 PM
Docket 108
NONE LISTED -
Grant application. Allow on a final basis fees of $18,935 and costs of $388.70. Ratify payments made to date and authorize payment of remaining balance due. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER
(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Norma Aqui Represented By
Onyinye N Anyama
2:00 PM
Docket 1
Notice of rescheduled hearing mailed to parties. Hearing rescheduled to FEBRUARY 28, 2018 @ 2PM.
Set deadline for service of bar date and bar date.
Order authorizing counsel's employment was signed/entered June 14, 2017. Debtor is an attorney who consults, yet the vast majority of the income reflected on the budget is "monthly support." Is this from her ex-husband? Approximately how many hours per week does debtor spend doing legal- related work?
Where is the debtor currently living? Is the Bentley property habitable? What happened to the property that gave rise to the $70,000 in insurance proceeds? What transpired in the state court that led to the entry of a judgment against the debtor "on procedural grounds"?
Why are there two separate lines that both include the cost of summer school and camp for debtor's child/children? Where do debtor's children go to school? Debtor's financial troubles include, according to the status report, medical bills. Budget does not include a line-item for medical insurance.
Why not? Are these medical bills likely to be recurring or were they the result of a condition that has now been cured or eliminated?
The entries for home insurance and car insurance on the budget are blank. Who pays for these expenses? Does the debtor have a car? There do not appear to be any vehicle-related expenses on the budget. Why no?
2:00 PM
Hearing required.
6/29/17 -- Court signed scheduling order with following dates: L/D to serve bar date notice -- July 7, 2017
Bar date -- August 31, 2017.
Tentative Ruling for February 28, 2018:
Continue hearing to March 14, 2018 at 10:00 a.m. to be heard concurrently with motion to convert set for same date and time. APPEARANCES WAIVED ON FEBRUARY 28, 2018.
7/6/17 -- Court signed scheduling order with following dates:
L/D to serve bar date notice -- July 7, 2017 Bar date -- August 31, 2017.
Cont'd case status conference -- October 4, 2017 at 11:00 a.m. L/D to file updated status report -- September 22, 2017.
Tentative Ruling for October 4, 2017:
How much work remains to be done on the property? Does the debtor have an estimate as to when the property will be in a condition to be rented?
Hearing required.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
Adv#: 2:18-01054 Los Angeles Internet Exchange v. Pacific Link Telecom, Inc
Docket 2
NONE LISTED -
NONE LISTED -
Debtor(s):
Pacific Link Telecom, Inc Represented By Glenn Park
Defendant(s):
Pacific Link Telecom, Inc Pro Se
Plaintiff(s):
Los Angeles Internet Exchange Represented By Jasmin Yang
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 181
NONE LISTED -
Debtor paid $7,000 to the accounting firm of Cho & Kahng on November 2, 2017. The engagement letter was dated October 27, 2017. The petition was filed on August 14, 2017. The Court never authorized the employment and never approved a retainer or a payment on account of fees.
Grant motion. Require accounting firm to disgorge fees paid post-petition.
Debtor(s):
Shepherd University Represented By Jaenam J Coe
Trustee(s):
Bradley D. Sharp (TR) Represented By Elissa Miller
10:00 AM
Docket 9
NONE LISTED -
Respondent claims that all she did was accept a $60 fee to act as a messenger and that she never performed any services for the debtor in connection with the preparation of the bankruptcy petition. The debtor testified under oath with some specificity that she assisted him with the preparation of the petition package and that he paid her $500 for these services.
Court agrees that an evidentiary hearing at which it may judge credibility may be useful. Set evidentiary hearing and order debtor, respondent and Nidia Martinez to be present. Instruct UST to arrange for translation services.
Debtor(s):
Juan Jose Vasquez Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Docket 12
NONE LISTED -
OFF CALENDAR. HEARING MOVED TO FEBRUARY 28, 2018.
Debtor(s):
Vaca Partnership Represented By Bahram Madaen
10:00 AM
Docket 924
2/28/18 - Anthony Bisconti, (949)369-3700 has been approved for telephonic appearance on 3/1/18 @ 10am
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
Docket 921
2/28/18 - Anthony Bisconti, (949)369-3700 has been approved for telephonic appearance on 3/1/18 @ 10am
Sustain objections. Disallow claims 15 and 17 in their entirety.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
Docket 918
2/28/18 - Anthony Bisconti, (949)369-3700 has been approved for telephonic appearance on 3/1/18 @ 10am
Rulings on Movant's Evidentiary Objections;
Evidentiary Objections to Perez Declaration;
Sustain.
Overrule.
Sustain.
Overrule.
Sustain.
Sustain.
Sustain.
Evidentiary Objections to Franck Declaration:
Overrule.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Tentative Ruling on Merits:
10:00 AM
Court has not previously ruled on whether debtor and its affiliates are or are not alter egos or whether substantive consolidation would be appropriate.
Court is not prepared to summarily adjudicate whether an employee of one of Mr. Hudson's nondebtor restaurants should be treated as an employee of the debtor. Deem motion to be an adversary proceeding for procedural purposes. Give parties an opportunity to conduct discovery. Set status conference in approximately 90 days.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
Docket 911
2/28/18 - Anthony Bisconti, (949)369-3700 has been approved for telephonic appearance on 3/1/18 @ 10am
The Court has a number of questions and concerns with regard to the form of the plan and disclosure statement that will be discussed on the record at the time of hearing.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
fr 5-11-16, 6-7-16, 7-21-16, 7-27-16, 9-28-16, 10-18-16, 11-29-16, 12-7-16, 3-8-
17, 6-14-17, 7-11-17, 7-26-17, 8-15-17, 10-18-17, 1-10-18, 2-14-18
Docket 1
2/28/18 - Anthony Bisconti, (949)369-3700 has been approved for telephonic appearance on 3/1/18 @ 10am
Docket reflects service of notice of bar date, which is good, but where is the order actually establishing the bar date that is necessary in a chapter 11 case and that was expressly requested by the Court? When will the debtor be in a position to formulate a chapter 11 plan?
Has the debtor given any additional thought to retaining a responsible officer or other disinterested person?
Hearing required.
6/7/16 -- Court approved order setting following dates: Bar date -- July 15, 2016
L/D to serve notice of bar date -- May 13, 2016 L/D to file plan -- September 30, 2016
Cont'd status conference -- June 7, 2016 at 3:00 p.m.
Tentative Ruling for July 21, 2016:
Where is the case status report that should have been filed by July 8, 2016? 7/20/16 -- At hearing held this date, Court heard status conference, as all
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parties were present and continued status conference to July 27, 2016 at 10:00 as a holding date (no status report required for this one status conference). Court will set further continued status conference at that time. OFF CALENDAR FOR JULY 21, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for July 27, 2016:
Continue case status conference to same date as a future hearing in this chapter 11 case, perhaps the date for the hearing on the examiner's report. Set deadline for filing of updated status report.
Tentative Ruling for September 28, 2016:
Discuss with parties disturbing report from examiner and failure to debtor to adequately address in its response many issues raised by the examiner, any one of which taken alone could be sufficient to warrant the appointment of a trustee.
Tentative Ruling for October 19, 2016:
What has transpired since the trustee was appointed? Where does the trustee see this case going? Hearing required.
11/28/16 -- Court approved stipulation continuing hearing to December 7, 2016 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 30, 2016. NO
APPEARANCE REQUIRED.Hearing required.
Tentative Ruling for December 7, 2016:
What is the status of the trustee's administration of this case? Hearing required.
Tentative Ruling for March 8, 2017:
The case status conference does not mention any investigation or analysis by the trustee of any possible substantive consolidation issues. Has the trustee
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commenced or concluded such an analysis? Does the trustee have a sense yet as to whether he is likely to proceed with a sale of the company as distinguished from an internal reorganization? Hearing required.
Tentative Ruling for June 14, 2017:
Continue case status conference to July 11, 2017 at 2:00 p.m. to be held concurrently with trustee's motion for summary judgment in the IP adversary proceeding. Trustee need not file new case status report in connection with that status conference.
APPEARANCES WAIVED ON JUNE 14, 2017.
Tentative Ruling for July 26, 2017:
Revisit status of case after conclusion of hearing on trustee's motion for summary judgment.
Tentative Ruling for August 16, 2017:
Court waived the requirement that the trustee file an updated status report in connection with this status conference and set this date as a holding date.
Are there any upcoming hearings scheduled in this chapter 11 case?
Final Ruling for August 16, 2017:
Continue status conference to October 18, 2017 at 2:00 p.m. Updated status report should be served and filed not later than October 6, 2017.
Tentative Ruling for October 18, 2017:
Continue case status conference to January 10, 2018 at 2:00 p.m.
Disclosure statement should be noticed for same date and time, provided it is filed and served not less than 42 days before this date. Waive requirement of updated status report. APPEARANCES WAIVED ON OCTOBER 18, 2017.
1/9/18 -- Court approved stipulation continuing status conference to February
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14, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 10, 2018.
Tentative Ruling for February 14, 2018:
Continue case status conference to March 1, 2018 at 10:00 a.m. to be heard concurrently with other matters on calendar at that date and time. OFF CALENDAR FOR FEBRUARY 14, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for March 1, 2018:
Revisit status of case after conclusion of hearing on disclosure statement.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
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Adv#: 2:17-01573 Sharp, Chapter 11 Trustee v. Vara, dba DV Marketing
Docket 9
2/28/18 - Anthony Bisconti, (949)369-3700 has been approved for telephonic appearance on 3/1/18 @ 10am
Grant motion. Enter judgment for plaintiff requiring turnover of IP assets.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Defendant(s):
Diane Vara, dba DV Marketing Pro Se
Plaintiff(s):
Bradley D. Sharp, Chapter 11 Represented By
Uzzi O Raanan ESQ Zev Shechtman
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
Adv#: 2:17-01573 Sharp, Chapter 11 Trustee v. Vara, dba DV Marketing
fr. 2-13-18
Docket 1
1/18/18 - Default entered.
2/28/18 - Anthony Bisconti, (949)369-3700 has been approved for telephonic appearance on 3/1/18 @ 10am
If Court grants motion for default judgment, take status conference off calendar. If Court does not grant motion for default judgment, continue status conference to coincide with date of continued hearing on default judgment motion.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Defendant(s):
Diane Vara, dba DV Marketing Pro Se
Plaintiff(s):
Bradley D. Sharp, Chapter 11 Represented By
Uzzi O Raanan ESQ Zev Shechtman
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Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:30 AM
fr. 1-10-18
Docket 368
NONE LISTED -
Grant motion. Court agrees that Mr. Bastian's service as a mediator in adversary proceedings against Fox in the Star News and Victory Lofts cases does not and cannot constitute the representation of an adverse interest and Mr. Bastian was and is already under an independent duty to maintain the confidentiality of any information that he may have acquired through conducting that mediation. Further, the firm has agreed that Mr. Bastian will not be involved in the representation of the trustee in this matter.
There is no contested matter pending as to which the proposed discovery relates. The term "contested matter" refers to an actual pending motion or adversary proceeding. There is nothing on the court's calendar or on the docket in this bankruptcy case that constitutes a contested matter. The trustee's counsel filed a supplemental disclosure. No motion has been filed or is pending with regard to that disclosure. Court agrees that there is no proper purpose for the conduct of this discovery other than to harrass/extort the trustee and her professionals.
Enter protective order and continue hearing to give trustee an opportunity to submit declaration setting forth fees and expenses attributable to bringing, briefing and attending hearings on this motion and matter no. 11 on calendar (which is no more than an opposition to this motion).
2/2/18 -- Court approved parties' stipulation resolving amount of attorneys' fees. OFF CALENDAR. NO APPEARANCE REQUIRED.
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Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
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MOVANT: COUNTY OF LOS ANGELES, OFFICE OF THE PUBLIC GUARDIAN, CONSERVATOR OF THE PERSON AND ESTATE OF JAMES CHRYSANTHIS,
Docket 11
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Stephanie Lorraine Moreno Pro Se
Movant(s):
County of Los Angeles, Office of the Represented By
William C Sias
Trustee(s):
Elissa Miller (TR) Pro Se
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MOVANT: HSBC BANK USA, NA.
Docket 10
NONE LISTED -
Grant without waiver of Rule 4001(a)(3). (Court does not have sufficient evidence of a scheme to hinder, delay or defraud.)
Debtor(s):
Tommy Hur Pro Se
Movant(s):
HSBC Bank USA, National Represented By
Armin M Kolenovic
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 10
2/26/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 3/6/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Sergio Vinicio Quinonez Represented By Daniel King
Joint Debtor(s):
Olga Quinonez Represented By Daniel King
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
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MOVANT: SANTANDER CONSUMER USA, INC.
Docket 7
2/26/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 3/6/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Marco Regina Represented By Roland H Kedikian
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
John J Menchaca (TR) Pro Se
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MOVANT: STANDARD OIL CREDIT HOLDING GROUP, LLC.
Docket 8
NONE LISTED -
Movant has an adequate equity cushion to provide adequate protection for now and there is equity in the property. Trustee plans to market property. Either deny motion outright or, if movant prefers, continue hearing for 180 days to give trustee an opportunity to market property.
Debtor(s):
Clotrimazole, Inc. Represented By Alan F Broidy
Movant(s):
Standard Oil Credit Holding Group, Represented By
Bryan Diaz
Trustee(s):
Sam S Leslie (TR) Represented By Rosendo Gonzalez
10:00 AM
MOVANT: MERCEDES-BENZ FINANCIAL SERVICES, USA, LLC.
Docket 12
2/26/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 3/6/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Cesar Giovanni Ortiz Sr. Represented By Jacqueline D Serrao
Movant(s):
Mercedes-Benz Financial Services Represented By
John H Kim
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: ALLY FINANCIAL, INC.
Docket 8
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Yair E Nieto Represented By
Michael H Colmenares
Movant(s):
Ally Financial Inc. Represented By Adam N Barasch
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: AMERICAN HONDA FINANCE CORPORATION
Docket 8
2/27/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 3/6/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Lisa Rae Ferguson Represented By Gregory M Shanfeld
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:16-01558 Gonzalez v. Orozco
Docket 1
NONE LISTED -
1/23/18 -- Court granted motion for approval of settlement agreement. Lump sum payment due trustee from title insurer within 14 days after entry of order.
1/31/18 -- Court approved order dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Maximiliano Henriquez Represented By Marcus Gomez
Defendant(s):
Salvador Orozco Represented By Victoria Tsoong
Plaintiff(s):
Rosendo Gonzalez Represented By Byron Z Moldo Peter A Davidson
Trustee(s):
Rosendo Gonzalez (TR) Represented By Byron Z Moldo Peter A Davidson
2:00 PM
Adv#: 2:18-01003 Tarpinian et al v. Isadzhanyan
Docket 1
NONE LISTED -
Continue status conference for approximately 90 days. Order parties to complete a day of mediation under court's mediation program prior to date of continued status conference.
Debtor(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Defendant(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Plaintiff(s):
Nayrie Garo Tarpinian Represented By Cliff Schneider
Gary Tarpinian Represented By Cliff Schneider
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
Docket 50
NONE LISTED -
[Tentative Ruling Withheld]
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Movant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
2:00 PM
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
fr. 8-1-17, 8-29-17, 10-3-17
Docket 1
NONE LISTED -
6/26/17 -- Court approved stipulation continuing defendant's response date to August 4, 2017 and continuing status conference to August 29, 2017 at 2:00
p.m. OFF CALENDAR FOR AUGUST 1, 2017.
8/22/17 -- Court approved stipulation continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 29, 2017.
Tentative Ruling for January 30, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
2:00 PM
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:17-01010 All In One Trading, Inc., a California corporation v. Kim et al
Docket 67
NONE LISTED -
Vacate OSC. Will Mr. Avanesian be continuing as counsel of record for the defendants?
Debtor(s):
Suk Hyon Kim Represented By
W. Sloan Youkstetter Michael Avanesian
Defendant(s):
Suk Hyon Kim Represented By Michael Avanesian
W. Sloan Youkstetter
Kihoon Kang Represented By
Michael Avanesian
Plaintiff(s):
All In One Trading, Inc., a California Represented By
Anthony J Napolitano
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:17-01010 All In One Trading, Inc., a California corporation v. Kim et al
fr. 3-14-17, 5-2-17, 8-1-17, 11-14-17, 12-19-17
Docket 1
3/2/17 - First Amended Complaint filed
Have the parties now met and conferred with regard to the extent to which any issues necessary to the adjudication of this matter have already been resolved in state court? If not, why not? Discuss with parties the issues that remain to be tried in this action and whether there are any pretrial motions that could narrow those issues.
Hearing required.
8/14/17 -- court signed scheduling order setting following dates: Cont'd status conference -- November 14, 2017 at 2:00 p.m.
L/D for parties are to meet and confer to determine undisputed and disputed facts in light of ruling by Los Angeles Superior Court in the underlying state court action -- August 31, 2017
L/D to file and serve cross motions for summary judgment or partial summary adjudication -- September 26, 2017
L/D to file and serve oppositions to motions -- October 24, 2017 Hearing on motions -- November 14, 2017 at 2:00 p.m.
Discovery stayed pending hearing on motions
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Tentative Ruling for November 14, 2017:
Revisit status of action after conclusion of hearings on related matters.
Tentative Ruling for December 19, 2017:
At the status conference held November 14, 2017, the Court continued status conference to this date and waived the requirement of a written status report. Court advised parties that it wanted to discuss at this status conference:
which theories will be going forward after its denial of defendant's motion for summary judgment/partial summary adjudication and its oral ruling on the plaintiff's motion for summary adjudication (granting motion insofar as it sought summary adjudication of claims under sections 523(a)(6) and denying with regard to claims under sections 523(a)(4) and 524(b)) and
whether the Court's ruling on 523(a)(6) should be treated as final for appellate purposes under FRBP 7054(b).
Now that the parties have had an opportunity to digest the Court's November 14, 2017 rulings, how should this matter proceed? Hearing required.
1/4/18 -- Court entered judgment against Suk Hyon Kim on plaintiff's third claim for relief, finding the state court judgment nondischargeable under section 523(a)(6). Court denied summary judgment on plaintiff's fourth and fifth claims for relief. Court dismissed, at plaintiff's request, second claim for relief under section 523(a)(4). Court made findings necessary for this judgment to be a final judgment pursuant to Rule 54(b), made applicable by FRBP 7054(a).
Tentative Ruling for March 6, 2018:
Discuss with plaintiff how to proceed with regard to plaintiff's desire to dismiss 727 claims. Set discovery cutoff with regard to remaining claim (under 523(b) (2)) of August 31, 2018. Set continued status conference for approximately same time frame. Order parties to complete a day of mediation prior to date of continued status conference.
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Debtor(s):
Suk Hyon Kim Represented By
W. Sloan Youkstetter Michael Avanesian
Defendant(s):
Suk Hyon Kim Represented By Michael Avanesian
W. Sloan Youkstetter
Kihoon Kang Represented By
Michael Avanesian
Plaintiff(s):
All In One Trading, Inc., a California Represented By
Anthony J Napolitano
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:17-01274 Tawansy et al v. Leslie
Docket 32
NONE LISTED -
Rulings on RIF's Evidentiary Objections:
(Court has numbered objections sequentially)
(Court agrees that there should not have been additional testimony to which anyone would object. Court asked parties to submit a stipulation re undisputed facts.)
1 through 11. Sustain (relevance).
Overrule.
Overrule as to first two sentences. Sustain as to third sentence based on lack of personal knowledge.
Overrule.
Overrule.
Overrule.
Sustain. Best evidence rule.
Overrule.
Tentative Ruling on Merits.
Court is confused as to numbers. There were three lawsuits and three amounts deposited with the Superior Court. In the first action (the first UD Action), the debtor deposited $22,110.48 in exchange for a continuance and ultimately prevailed. RIF does not claim an interest in these funds.
The second deposit was for $147,273.10 ($80,000 from debtor's counsel in the action and a check from Tawansy MD, Inc. for $67,273.10) in an
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interpleader action commenced by the debtor. Debtor requested in that action that the refund of the money described in the preceding paragraph should be added to this deposit to bring the total to $169,383.50. (It actually totals 8 cents more.) This deposit was for rent due, but debtor wasn't sure to whom to pay the money in light of disputes among principals of the lessor.
RIF moved to have the funds released to it. That motion was denied. Debtor dismissed the interpleader action before the bankruptcy and brought a motion to have the money returned to it, but that motion wasn't heard because of the bankruptcy filing.
The third deposit was for $24,400.70 in the second UD action. This amount was deposited in order to get the court to continue the trial for a month. Court granted continuance. Before the continued trial date, debtor had vacated the premises.
On May 31, 2016, the parties entered into a stipulation asking LASC to turnover the funds it was holding to the trustee. The parties report that the trustee is holding $169,383.58, but the minute orders from the state court indicate that the trustee should be holding $171,673.80 ($147,273.10 plus
$24,400.70). Which figure is correct? If it is the latter figure, what became of the $22,110.48? RIF claims that the superior court is still holding these funds. Is this correct?
The $24,400.70 was deposited in exchange for a one month continuance and was intended to be a payment of rent for that month. The second UD action was not dismissed. If and when the landlord prevailed in the second UD action, the Court believes that this $24,400.70 was sufficiently pledged that this amount should be turned over to the landlord. (Although this payment was made during the preference period, it was in exchange for the right to occupy the premises for an additional month during the continuance and not on account of the past due rent obligations. Therefore, there would be an affirmative defense under section 547(c)(1) to any attempt by the trustee to recover this amount as a preference.)
With regard to the amounts deposited in connection with the interpleader action ($147,273.10), there is no basis for the landlord to assert a claim to these funds. True, they were originally deposited as a payment toward rent,
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but the debtor dismissed the action before anyone's right to these funds had been determined. If the plaintiff in an interpleader action dismisses the action, there is nothing to prevent the plaintiff from obtaining a return of the funds deposited. It may be in an appropriate case that there would be factual allegations contained in the interpleader complaint that might be used as admissions to show that the funds in question do not belong to the plaintiff, but this isn't a case of there being a specific res that the debtor admits it never owned. To the contrary, this was an obligation to pay rent and the debtor was depositing money in payment of that obligation. The mere fact that the debtor had set aside a pot of money from which it intended to pay a particular obligation does not create a security interest in that fund in favor of the creditor and these are not funds that anyone contends were fraudulently obtained that can be traced to the source. Deposit of these funds might be sufficient to perfect a security interest in the funds if one had ever been created, but there is nothing to suggest that any security interest ever attached here. The landlord never obtained any rights in these funds, as evidenced by the fact that the superior court denied the landlord's attempt to obtain a release of these funds when RIF sought such relief in August of 2015.
So court is prepared to grant the motion to the extent necessary to order that:
$24,400.70 be turned over to RIF; and
RIF's claim to an interest in the $147,723.10 and the $22,110.48 be denied.
With regard to the disputes between the trustee, on the one hand, and the debtor's principal(s) on the other, as to ownership of the remaining
$169,383.58, deny motion for summary adjudication. There is a genuine issue of material fact as to whose money was used to make these deposits. The court is not prepared to accept as dispositive a document that has surfaced belatedly signed on behalf of both the debtor and its principals by the same party without any documentation to establish where the funds actually came from. (A check showing how it got to debtor's counsel or the superior court does not tell us what the original source of the funds actually was.)
This ruling resolves RIF's interest in this action. Adversary proceeding should
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continue as between the trustee and Tawansy MD, Inc. to determine ownership of the remaining funds.
Debtor(s):
Raymond Renaissance Theater, LLC Represented By
Michael R Totaro
Defendant(s):
Sam S. Leslie Represented By
Rosendo Gonzalez
Movant(s):
RIF Investments-3, LLC Represented By Saul Reiss
Plaintiff(s):
Khaled A. Tawansy Represented By Matthew Grimshaw Chad V Haes
Khaled A. Tawansy, M.D., Inc. Represented By Matthew Grimshaw Chad V Haes
Trustee(s):
Sam S Leslie (TR) Represented By Rosendo Gonzalez
2:00 PM
Adv#: 2:17-01274 Tawansy et al v. Leslie
fr. 7-25-17, 12-5-17
Docket 1
NONE LISTED -
This is the first status conference. Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
7/28/17 -- Court approved scheduling order setting following dates: Status conference continued to December 5, 2017 at 2:00 pm
L/D to file joint status report -- November 21, 2017 L/D to complete mediation -- December 5, 2017
L/D to lodge order appointing mediators -- August 21, 2017 8/29/17 -- Court entered order appointing mediators.
Tentative Ruling for December 5, 2017:
The trustee contends that the action is untimely because no proof of claim was filed and that the Court can summarily dismiss the matter. Court does not agree. Failure to file a proof of claim would not transmute property of a third party into property of the estate. If trustee believes there is a basis for a summary adjudication, he should bring a motion requesting such relief.
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It does appear that many or most of the operative facts are undisputed. What issues are the parties attempting to address in discovery? Hearing required.
Tentative Ruling for March 6, 2018:
Revisit status of action after conclusion of hearing on motion for summary adjudication of issues.
Debtor(s):
Raymond Renaissance Theater, LLC Represented By
Michael R Totaro
Defendant(s):
Sam S. Leslie Represented By
Rosendo Gonzalez
Plaintiff(s):
Khaled A. Tawansy Represented By Matthew Grimshaw Chad V Haes
Khaled A. Tawansy, M.D., Inc. Represented By Matthew Grimshaw Chad V Haes
Trustee(s):
Sam S Leslie (TR) Represented By Rosendo Gonzalez
10:00 AM
Docket 8
NONE LISTED -
Bankrutpcy was filed at 12:38 p.m. on February 2, 2018. Certificate of credit counseling shows counseling was completed at 4:53 p.m. PST on February 2, 2018. Debtor has now filed certificate of credit counseling, but that certificate reflects that counseling occurred post-petition, and debtor has not requested or obtained an exemption from prepetition credit counseling requirement. As debtor did not complete credit counseling within the 180 days before the commencement of the bankruptcy case, debtor is not eligible to be a debtor in this bankruptcy case.
Dismiss case. (Nothing precludes this debtor from refiling, but new filing would be debtor's second bankruptcy case within a year, meaning that automatic stay will terminate within 30 days unless debtor moves for and obtains an extension.)
Debtor(s):
Lidiya Martynova Represented By Alla Tenina
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 12
NONE LISTED -
Debtors have now filed certificates of credit counseling, but those certificates reflect that counseling occurred post-petition, and debtors have not requested or obtained an exemption from prepetition credit counseling requirement. As debtors did not complete credit counseling within the 180 days before the commencement of the bankruptcy case, debtors are not eligible to be debtors in this bankruptcy case.
Dismiss case. (Nothing precludes debtors from refiling, but new filing would be debtors' second bankruptcy case within a year, meaning that automatic stay will terminate within 30 days unless debtors move for and obtain an extension.)
Debtor(s):
Richard Schneider Pro Se
Joint Debtor(s):
Sylvia Fierro Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
fr. 1-31-18, 2-7-18
Docket 45
2/28/18 - Robert Robinson, (714)785-8790, has been approved for telephonic appearance on 3/7/18 @ 10am
1/8/18 -- Court approved stipulated order continuing hearing to February 7, 2018 at 10:00 a.m. OFF CALENDAR FOR JANUARY 31, 2018.
Tentative Ruling for February 7, 2018:
Grant motion. Hold debtor in contempt for failing to comply with 2004 order. Court is reluctant to compensate movant at this hourly rate for services performed for himself, but court will impose out of pocket costs as sanctions. Order debtor to pay $282.15. Continue hearing to see if examination goes forward on February 7 as parties have agreed and whether debtor pays sanctions.
Final Ruling for February 7, 2018:
Movant should lodge order consistent with tentative ruling and ordering debtor to pay amounts set forth in tentative by March 1, 2018. If movant files declaration that money has been paid and there are no remaining compliance issues, court will take continued hearing off calendar. Otherwise, court will conduct a continued hearing on March 7, 2018 at 10:00 a.m.
Tentative Ruling for March 7, 2018:
Movant reports that sanctions have been paid and that debtor appeared for a
10:00 AM
deposition with counsel as ordered on February 7. Movant's status report reflects that movant is not happy with testimony provided by debtor and notes that documents eventually produced by debtor contradict testimony given.
With one exception, it does appear that debtor has responded to the requests for information and documentation. She may or may not have responded truthfully, but that is not an issue that the Court can address through its contempt power. The exception appears to be that, although the debtor is in contact with Silvia Quiros (as she has obtained a signed declaration from her), she has refused to provide the movant with contact information. She needs to supply whatever contact information she has for Ms. Quiros to the movant. If she fails to do so, impose further sanctions for contempt, which may include incarceration if debtor fails to provide this information.
Debtor(s):
Sonia Chaisson Represented By
Susan I Montgomery
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 13
NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Luis Manuel Damian Represented By Jennifer Ann Aragon
Joint Debtor(s):
Maria Antonieta Damian Represented By Jennifer Ann Aragon
Movant(s):
TOYOTA MOTOR CREDIT Represented By John Rafferty
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 37
NONE LISTED -
Discuss with debtor what the court needs in order to have meaningful evidence of the fair market value of the subject property.
Debtor(s):
Luciano Ortiz Mendoza Represented By Gary Leibowitz
Jacqueline D Serrao
Joint Debtor(s):
Marlou Gumban Mendoza Represented By Gary Leibowitz
Jacqueline D Serrao
Trustee(s):
Howard M Ehrenberg (TR) Represented By
Howard M Ehrenberg (TR)
10:00 AM
Docket 36
NONE LISTED -
Discuss with debtor what the court needs in order to have meaningful evidence of the fair market value of the subject property.
Debtor(s):
Luciano Ortiz Mendoza Represented By Gary Leibowitz
Jacqueline D Serrao
Joint Debtor(s):
Marlou Gumban Mendoza Represented By Gary Leibowitz
Jacqueline D Serrao
Trustee(s):
Howard M Ehrenberg (TR) Represented By
Howard M Ehrenberg (TR)
10:00 AM
Docket 17
NONE LISTED -
Grant motion. Waive appearances. Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
Ricardo M. Remias Represented By Jennifer Ann Aragon
Joint Debtor(s):
Magdalena A. Remias Represented By Jennifer Ann Aragon
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 339
NONE LISTED -
As the trustee's reply explains, the predecessor trustee resigned because he is 81 and is retiring. The successor trustee, Diane Weil, is at the same firm. She seeks authority to continue to employ the same firm that had represented her predecessor, which happens to be her own firm. The only alleged conflict is the fact that the firm is owed money for services rendered post petition in the case. That is not a disabling conflict. That is how it works in bankruptcy. Professionals incur fees working on a case and get paid out of the estate if there are funds available to pay such claims. It is far from clear that the new trustee even needs to file this application, as the firm has already been employed as trustee's counsel and she does not intend to change that.
Nevertheless, overrule objection as ill-founded and grant application.
Debtor(s):
Daniel Louis Reece Represented By James A Hayes Jr James R Selth
Joint Debtor(s):
Kimberly Ann Reece Represented By James A Hayes Jr James R Selth
Trustee(s):
Diane C Weil (TR) Represented By Eric P Israel
10:00 AM
Aaron E de Leest
10:00 AM
Docket 1187
NONE LISTED -
Overrule Buchalter's objection and approve compromise. Court is not authorizing distributions on account of claims at this point. Buchalter has already asserted that it holds a senior lien against the Gerson Fox claim and the priority of liens as between Ultimate Action and Buchalter is the subject of pending litigation. When the trustee proposes a distribution on account of these claims in a final report, Buchalter can object at that time if it believes that the proposed distribution violates its rights. Approval of this compromise does not constitute a determination as to the relative priorities of the Buchalter and Ultimate Action claims.
Debtor(s):
Michael Joel Kamen Represented By Leslie A Cohen Neal Salisian Richard H Lee
Trustee(s):
Richard J Laski (TR) Represented By Jonathan M Weiss Sasha M Gurvitz
10:00 AM
Docket 1
NONE LISTED -
OFF CALENDAR. CASE HAS BEEN DISMISSED.
Debtor(s):
Vaca Partnership Represented By Bahram Madaen
11:00 AM
Docket 1
NONE LISTED -
Tentative Ruling for October 18, 2017:
Based on the court's review of the debtor's status report, it appears that the debtor does not currently have any operations. Much of the report is difficult to comprehend, as, for example, the following sentence:
"With the effective closure of new possibilities to open a similar educational institute in the area, debtor stands as a unique investment opportunity for merger with other educational institute or educators to set up an instititute without making the investment in money and time at a higher scale than to rescue the debtor."
Debtor also reports that it currently owes $1.6M in taxes, $1M to its employees, $.8M to its landlord, with a $.6M security deposit) and institutional private lenders of $4M. It is difficult to see why it would be a better investment for someone to rescue the debtor than to start from scratch.
Convert case to chapter 7. (Court cannot do this as debtor is a nonprofit entity.)
10/20/17 -- Court approved scheduling order setting following dates:
L/D to serve notice of bar date -- October 30, 2017
Bar date (for prepetition claims held by everyone but current students) -- December 22, 2017
11:00 AM
Cont'd status conference -- December 6, 2017 at 11:00 a.m.
Debtor is not required to file a status report in connection with this conference
Tentative Ruling for December 6, 2017:
Revisit status of case after conclusion of related matter on calendar.
Tentative Ruling for January 10, 2018:
Court did not require the trustee to file a written status report, but what is the status of this matter? What is the trustee's "game plan"? Was the trustee able to figure out what to do with the school's nursing students and its foreign students? Hearing required.
Tentative Ruling for March 7, 2018:
Case was converted to chapter 7 on January 23, 2018. Bradley Sharp, the chapter 11 trustee, has been appointed chapter 7 trustee.
The Court has reviewed the chapter 7 trustee's initial status report. TAKE STATUS CONFERENCE OFF CALENDAR. IF COURT WOULD LIKE TO SCHEDULE ANOTHER CASE STATUS CONFERENCE, IT WILL SERVE NOTICE OF SUCH CONFERENCE ON THE TRUSTEE AND OTHER PARTIES IN INTEREST.
Debtor(s):
Shepherd University Represented By Jaenam J Coe
11:00 AM
Docket 1
NONE LISTED -
Tentative Ruling for December 6, 2017:
Set deadline for service of notice of bar date and bar date. Court is not likely to approve a sale to an insider without sufficient marketing efforts to locate an independent purchaser or overbidder.
Has the debtor now complied with all of the guidelines of the Office of the United States Trustee? If not, which matters are currently outstanding? This is an operating case. Where is the evidence requested of the debtor's projected income and expenses for the first six months of the case? Hearing required.
12/18/17 -- Court approved order setting bar date of February 3, 2018. (L/D to serve notice of bar date is December 15, 2017.)
2/1/18 -- Court signed scheduling order with following dates: L/D to serve notice of bar date -- December 15, 2017
Bar date -- February 3, 2018
Cont'd status conference -- March 7, 2017 at 11:00 L/D to file updated status report -- February 23, 2018
Tentative Ruling for March 7, 2018:
Discuss with debtor deadlines for filing sale motion and deadline for filing plan and disclosure statement.
11:00 AM
Debtor(s):
Golden Vista Construction Inc Represented By Stephen L Burton
Movant(s):
Golden Vista Construction Inc Represented By Stephen L Burton Stephen L Burton
10:00 AM
Adv#: 2:17-01461 Avery v. St. Blue, Inc. et al
Michael P. Newman
fr. 11-7-17, 2-6-18, 2-14-18
Docket 1
NONE LISTED -
Answer to complaint was filed on October 30, 2017. How much time do the parties anticipate that they will need for discovery? Is this an appropriate matter to be sent to an early mediation? Have the parties made the initial exchanges required by FRBP 7026? Hearing required.
Tentative Ruling for February 6, 2018:
Continue hearing to February 14, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of compromise. OFF CALENDAR FOR FEBRUARY 6, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for February 13, 2018:
Continue status conference to March 13, 2018 at 10:00 a.m. to give the court an opportunity to enter the order and the trustee an opportunity to dismiss the action. APPEARANCES WAIVED ON FEBRUARY 13, 2018.
2/15/18 -- Court approved stipulation dismissing action and taking status conference off calendar. ACTION DISMISSED. OFF CALENDAR.
10:00 AM
Debtor(s):
Steven S Yang Represented By Joon M Khang
Defendant(s):
St. Blue, Inc. Represented By
Leon Small
Saplings Restaurant Group, Inc. Pro Se
APEX Law Group, APC Pro Se
John Byung Lee Pro Se
Michael P. Newman Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
10:00 AM
MOVANT: AGIO INVESTMENT, LLC.
Docket 13
NONE LISTED -
Grant motion, including waiver of Rule 4001(a)(3) and annulment. Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included the transfer of an interest in property without movant's consent and multiple bankruptcy filings affecting this property.
Debtor(s):
Tommy Hur Pro Se
Movant(s):
Agio Investment LLC Represented By James S Yan
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 7
NONE LISTED -
Deny request for relief under section 362(d)(2) due to existence of equity , but grant motion under section 362(d)(1) (without waiver of Rule 4001(a)(3)) as movant lacks adequate protection.
Debtor(s):
Yangsoon Kang Pro Se
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: DAIMLER TRUST
Docket 7
3/5/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 3/13/18 @ 10am
Grant without waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Lets Go Ventures Represented By Eliza Ghanooni
Movant(s):
Daimler Trust Represented By
Jennifer H Wang
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: RALPH PARTNERS, II, LLC. fr. 2-27-18
Docket 9
NONE LISTED -
Movant has now served notice of intention to proceed. Grant motion, including waiver of Rule 4001(a)(3) and annulment.
Debtor(s):
Lorna Marie Jackson Pro Se
Movant(s):
Ralph Partners II LLC Represented By Sam Chandra
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:17-01465 United States Trustee (LA) v. Keshishian
Complaint by United States Trustee (LA) against Garnik Jerry Keshishian fr. 11-7-17, 12-5-17
Docket 1
NONE LISTED -
10/27/17 -- Court approved stipulation extending deadline for defendant to respond to complaint, withdrawing plaintiff's request for entry of default and continuing status conference to December 5, 2017 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 7, 2017.
Tentative Ruling for December 5, 2017:
Where is the joint status report that should have been filed two weeks before the status conference? What is the status of this matter? Hearing required.
OFF CALENDAR. JUDGMENT ENTERED.
Debtor(s):
Garnik Jerry Keshishian Represented By Walter Scott
Defendant(s):
Garnik Jerry Keshishian Represented By Walter Scott
Plaintiff(s):
United States Trustee (LA) Represented By
2:00 PM
Trustee(s):
Kenneth G Lau
Heide Kurtz (TR) Represented By Timothy J Yoo Carmela Pagay
2:00 PM
Adv#: 2:17-01363 Diamond, Chapter 7 Trustee, Plaintiff v. FINANCIAL PARTNERS
fr. 10-3-17, 12-19-17
Docket 1
NONE LISTED -
9/14/17 -- Court signed order approving stipulation continuing status conference to December 19, 2017 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 3, 2017.
Tentative Ruling for December 19, 2017:
Has the trustee filed a motion for approval of the parties' settlement? What is the structure of the proposed settlement? Hearing required.
1/9/18 -- Court approved compromise providing for lump sum payment. Action to be dismissed 30 days after order becomes final.
ACTION HAS BEEN DISMISSED. OFF CALENDAR.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
FINANCIAL PARTNERS CREDIT Represented By
Haydee Garbero Hooten
2:00 PM
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Sonia Singh Michael G D'Alba Howard Kollitz
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz
2:00 PM
Adv#: 2:17-01261 GUANGDONG SHUNXIN SEA FISHERY GROUP CO., LTD. v. LI
7-11-17, 7-25-17, 8-1-17, 12-5-17, 2-6-18
Docket 1
NONE LISTED -
In federal court, a stipulation to extend time to respond to a complaint is not binding unless it is approved by the Court. Parties should upload order approving their stipulation re extension of time.
Continue status conference to July 25, 2017 at 2:00 p.m. to be heard concurrently with motion to dismiss. OFF CALENDAR FOR JULY 11, 2017. NO APPEARANCE REQUIRED.
7/12/17 -- Court approved stipulation extending deadline to respond to complaint.
7/12/17 -- Court approved stipulation extending deadline for plaintiff to file first amended complaint.
Tentative Ruling for August 1, 2017:
Where is the status report that should have been filed two weeks prior to the status conference? Have the parties met and conferred as required by FRBP 7026? How long do the parties anticipate it will take to complete discovery? Does either party contemplate any pretrial motions? Hearing required.
2:00 PM
8/14/17 -- Court signed scheduling order setting following dates:
Cont'd status conference -- December 5, 2017 at 2:00 p.m. L/D to file joint status report -- November 21, 2017
L/D to complete mediation -- December 5, 2017
L/D to lodge order appointing mediator -- August 31, 2017
11/29/17 -- Court approved stipulation continuing hearing to February 6, 2018 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 5, 2017.
Tentative Ruling for February 6, 2018:
Local Rules require that, when a paper is filed less than 14 days before a hearing, it not be served by mail on the judge. A more expedited method of delivery is required.
Parties should use the court's joint status report form so that all of the questions that appear on that form are answered.
Have the parties done their initial exchanges? How long do they anticipate that it will take to complete discovery? Does either party contemplate filing any pretrial motions, etc.
Hearing required.
2/28/18 -- Court approved stipulated judgment. OFF CALENDAR.
Debtor(s):
NING LI Represented By
Michael Y Lo
Defendant(s):
NING LI Represented By
Giovanni Orantes Michael H Weiss
2:00 PM
Plaintiff(s):
GUANGDONG SHUNXIN SEA Represented By
Steven P Chang
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:18-01012 USC Credit Union v. Baldizon
Docket 1
2/20/18 - Request for entry of default entered.
Continue status conference to April 10, 2018 at 2:00 p.m. to be heard concurrently with motion for default judgment. APPEARANCES WAIVED ON MARCH 13, 2018.
Debtor(s):
Adam M Baldizon Pro Se
Defendant(s):
Adam M Baldizon Pro Se
Plaintiff(s):
USC Credit Union Represented By
Bruce P. Needleman
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 12-8-15, 2-9-16, 4-5-16, 5-10-16, 5-24-16, 5-31-16, 9-27-16, 11-15-16, 1-10-
17, 3-14-17, 6-13-17, 6-27-17, 7-11-17, 10-31-17, 2-13-18
Docket 1
3/9/18 - Baruch Cohen, (323)937-4501, has been approved for telephonic appearance on 3/13/18 @ 2pm
Defendant's counsel should not handwrite documents to be filed with the Court. His writing is illegible.
Continue status conference to May 10, 2016 at 2:00 p.m. to be heard concurrently with related matters that will be on calendar for that date. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for May 31, 2016:
Revisit status of action after conclusion of related matters on calendar. 6/2/16 -- Court signed scheduling order setting following dates:
Cont'd status conference -- September 27, 2016 at 2:00 p.m. L/D to file joint status report -- September 13, 2016 Discovery cutoff -- September 30, 2016
L/D to lodge order appointing mediator -- June 17, 2016 Deadline to complete mediation -- September 27, 2016
7/6/16 -- court approved order appointing mediators.
2:00 PM
Tentative Ruling for September 27, 2016:
Plaintiff has filed a notice of inability to prepare joint status report. Where is the declaration required by LBR 7016-1(a)(3) that must be included whenever a party submits a unilateral status report? Why haven't the parties used the mandatory status report form required by LBR 7016-1(a)(2)? When counsel for plaintiff provided a draft status report that did not comply with the Local Bankruptcy Rules, why didn't counsel for the defendant file a unilateral report in compliance with LBR 7016-1(a)(3)?
Impose sanctions of $150 on counsel for each of the parties. Counsel for the plaintiff is urged to download a current version of the Court's local rules, as he is apparently relying on an outdated version of the rules. He should refer to the Court's website.
As a result, although there is a great deal of alleged information contained in plaintiff's filing, none of it is evidence and it does not address the issues that are supposed to be included in the status report.
Set continued status conference in approximately 30 to 45 days. Parties are to file the required joint status report form not less than two weeks prior to the continued status conference.
Tentative Ruling for March 14, 2017:
Revisit status of action after conclusion of hearing on matter no.101.
3/25/17 -- Court signed scheduling order setting following dates:
Cont'd status conference -- June 13, 2017 at 2:00 p.m. L/D to file joint status report -- May 30, 2017
L/D to designate experts and exchange reports -- May 15, 2017 L/D to exchange responsive reports -- June 12, 2017
5/26/17 -- Court granted motion to extend June 12 deadline to June 19 and continued status conference to June 27, 2017 at 2:00 p.m. OFF CALENDAR
2:00 PM
FOR JUNE 13, 2017.
6/12/17 -- Court approved stipulation continuing hearing to July 11, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 27, 2017.
Tentative Ruling for July 11, 2017:
Parties were to exchange expert witness reports. They did not need to file them. On May 16, 2017, Court reopened discovery for a period of 60 days from that date to permit the parties to conduct additional discovery related to the website www.baddocjjm.com. Are the parties on track to complete that discovery by July 15?
Set deadline for the completion of expert discovery. Has all other discovery been completed?
Set pretrial conference and deadline for lodging joint pretrial order. Discuss with parties form of proposed pretrial order.
8/15/17 -- Court approved scheduling order setting following dates: L/D to complete expert discovery -- September 15, 2017
Cont'd status conference -- October 31, 2017 at 2:00 p.m. L/D to file joint status report -- October 17, 2017
Tentative Ruling for October 31, 2017:
In light of court's rulings in related matters, when does plaintiff anticipate that he will be ready for trial.
2/6/18 -- Court approved stipulation continuing hearing to March 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Tentative Ruling for March 13, 2018:
Continue status conference to March 20, 2018 at 2:00 p.m. to be heard concurrently with motion on calendar for that date and time. Where is status
2:00 PM
report that should have been filed two weeks before status conference? APPERANCES WAIVED ON MARCH 13, 2018.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Baruch C Cohen
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
10:00 AM
fr. 2-14-18
Docket 11
NONE LISTED -
Debtor has now paid all installments. Vacate OSC. Court will prepare order. NO APPEARANCE REQUIRED.
Debtor(s):
Ndubuisi Kevin Anyaogu Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Docket 140
NONE LISTED -
Grant motion. Waive appearances. Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz
10:00 AM
Docket 118
NONE LISTED -
Does the trustee have any idea what the assets of the business are worth? Hearing required.
Debtor(s):
Steven S Yang Represented By Joon M Khang
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
10:00 AM
Adv#: 2:17-01514 Avery v. Lee et al
fr 1-2-18, 1-9-18, 2-27-18
Docket 1
NONE LISTED -
Continue to March 14, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of compromise. OFF CALENDAR FOR FEBRUARY 27, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for March 14, 2018:
Revisit status of action after conclusion of hearing on motion for approval of compromise.
Debtor(s):
Steven S Yang Represented By Joon M Khang
Defendant(s):
Wonju Lee Pro Se
Hwa Joon Min Pro Se
Royals Protein, Inc. Pro Se
10:00 AM
Shepherd Alliance, Inc. Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
10:00 AM
fr. 11-8-17, 1-30-18
Docket 763
NONE LISTED -
Tentative Ruling for November 8, 2017:
Strike evidentiary objections as late-filed; however, there nevertheless remain factual disputes that the court is not in a position to resolve in a summary manner. Deem this claim objection to be an adversary proceeding for procedural purposes. Do the parties need time to conduct discovery in this matter?
Hearing required.
Final Ruling for November 18, 2018:
Continue status conference to January 30, 2018 at 2:00 p.m. Parties should file joint status report by January 16, 2018. Court will prepare order deeming matter to be adversary proceeding for procedural purposes.
Tentative Ruling for January 30, 2018:
Parties should use form for future status reports. How long do the parties anticipate it will take them to complete discovery in this matter? Is this an appropriate matter to be sent to mediation at this time? Hearing required.
2/20/18 -- Court approved stipulation resolving objection. OFF CALENDAR. NO APPEARANCE REQUIRED.
10:00 AM
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Movant(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
Docket 92
3/13/18 - Linda Blank, (310)383-7655, has been approved for telephonic appearance on 3/14/18 @ 10am.
Court is confused. Why does MUFG Union Bank argue that the motion was filed a month after the expiration of exclusivity? The Bank signed and the Court approved a second stipulation extending the debtor's exclusive period to file a plan from January 5, 2018 to February 5, 2018, so this motion is timely.
However, the case was filed in May of last year. It involves a single piece of property. Repairs have been substantially completed. Debtor should be able to project when she will be in a position to rent the property and for how much. Debtor can therefore propose a plan. It might be nice to do so with the secured creditor's consent, but this is a rental property and the lender's consent to a modification is not required. Debtor should propose a plan that contains treatment for the loan that the debtor believes is appropriate. If the lender objects, negotiations can continue. (Does the debtor have another impaired consenting class?) Court is not inclined to wait until the debtor's ex husband is prepared to consent in order to permit this case to move forward.
Deny debtor's request for a further extension of exclusivity.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
10:00 AM
Docket 103
3/13/18 - Linda Blank, (310)383-7655, has been approved for telephonic appearance on 3/14/18 @ 10am.
Court is not prepared to convert or dismiss the case at this time. Continue hearing on motion for approximately 90 days to see if debtor files a plan of reorganization that has any realistic prospect of being confirmed.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
10:00 AM
Docket 1
3/13/18 - Linda Blank, (310)383-7655, has been approved for telephonic appearance on 3/14/18 @ 10am.
Set deadline for service of bar date and bar date.
Order authorizing counsel's employment was signed/entered June 14, 2017. Debtor is an attorney who consults, yet the vast majority of the income reflected on the budget is "monthly support." Is this from her ex-husband? Approximately how many hours per week does debtor spend doing legal- related work?
Where is the debtor currently living? Is the Bentley property habitable? What happened to the property that gave rise to the $70,000 in insurance proceeds? What transpired in the state court that led to the entry of a judgment against the debtor "on procedural grounds"?
Why are there two separate lines that both include the cost of summer school and camp for debtor's child/children? Where do debtor's children go to school? Debtor's financial troubles include, according to the status report, medical bills. Budget does not include a line-item for medical insurance.
Why not? Are these medical bills likely to be recurring or were they the result of a condition that has now been cured or eliminated?
The entries for home insurance and car insurance on the budget are blank. Who pays for these expenses? Does the debtor have a car? There do not appear to be any vehicle-related expenses on the budget. Why no?
10:00 AM
Hearing required.
6/29/17 -- Court signed scheduling order with following dates: L/D to serve bar date notice -- July 7, 2017
Bar date -- August 31, 2017.
7/6/17 -- Court signed scheduling order with following dates: L/D to serve bar date notice -- July 7, 2017
Bar date -- August 31, 2017.
Cont'd case status conference -- October 4, 2017 at 11:00 a.m. L/D to file updated status report -- September 22, 2017.
Tentative Ruling for October 4, 2017:
How much work remains to be done on the property? Does the debtor have an estimate as to when the property will be in a condition to be rented?
Hearing required.
Tentative Ruling for February 28, 2018:
Continue hearing to March 14, 2018 at 10:00 a.m. to be heard concurrently with motion to convert set for same date and time. APPEARANCES WAIVED ON FEBRUARY 28, 2018.
Tentative Ruling for March 14, 2018:
Revisit status of case after conclusion of hearing on related motions.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
10:00 AM
Docket 17
NONE LISTED -
Set hard deadline for the debtor to supply all missing information and documentation to the UST. Continue hearing to see whether debtor complies.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle J Lindsey
Movant(s):
United States Trustee (LA) Represented By Kenneth G Lau
10:00 AM
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. Has debtor filed motion for authority to use cash collateral? If not, why not? Has debtor been paying expenses in the interim? Debtor has proposed August 15 as the deadline for filing a plan. What has to happen before debtor will be in a position to file a plan? Hearing required.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle J Lindsey
10:00 AM
Docket 12
NONE LISTED -
The debtor was unaware his accountant had not filed tax returns for him since 2013? Really? A debtor in possession is a fiduciary for the benefit of its creditors. Does this debtor understand what that entails and how important it is for this court to be able to rely upon the debtor's truthfulness?
Hearing required.
Debtor(s):
James Paul Lee III Represented By Julie J Villalobos
10:00 AM
Docket 1
NONE LISTED -
Are expenses being paid for the Prairie Avenue property? Court sees an adequate protection stipulation that calls for monthly payments and requires debtor to maintain insurance, among other things, but does that stipulation authorize the use of cash collateral to pay property-related expenses? Is debtor planning to fiel a motion for authority to use cash collateral?
Set bar date and deadline for serving notice of bar date. Debtor has proposed July 31 as the deadline for filing a plan. What has to happen before debtor will be in a position to file a plan? Hearing required.
Debtor(s):
James Paul Lee III Represented By Julie J Villalobos
11:00 AM
fr. 1-10-18, 2-14-18
Docket 38
12/27/17 - Notice of hearing returned from the U.S. Postal Service as "Return to Sender, Attempted - Not Known- Unable to forward" for Seth Hicks and Richard Greene.
Tentative Ruling for January 10, 2018:
Motion has several problems. Service is problematic. Notices court served on Richard Greene and Seth Hicks came back as undeliverable. Movant should attempt to locate current addresses for these parties. (State Bar website shows following address for Greene Fidler & Chaplan LLP -- 2719 Wilshire Blvd., Ste. 200, Santa Monica, CA 90403-4705. The firm name no longer has Hicks in the title. The state bar website lists a Seth Hicks with an address in Austin Texas who became inactive in California in 2011.)
Motion does not contain any evidence to support contention as to balance of first deed of trust and does not contain a declaration explaining how debtor arrived at a valuation based on the comparables.
Hearing required.
Final Ruling for January 10, 2018:
Continue hearing to February 14, 2018 at 11:00 a.m. By January 24, 2018, Debtor should file and serve motion on correct address for Richard Greene and same address for lienholder. Amended motion should include evidence asto loan balance and how debtor arrived at valuation for property.
11:00 AM
Tentative Ruling for February 14, 2018:
Proof of service is still inadequate. Motion was addressed to Richard Fidler Chaplan & Hicks LLP at the correct address, but this is not the name of the firm and Richard Greene's name does not appear. The motion was not directed to his attention. The firm may or may not be able to figure out what to do with the papers or to what they relate. The item should have been sent to the attention of Richard Greene at Greene, Fidler & Chaplan LLP at this address.
Is there any way for the court to determine what the loan balance was as of the petition date (6/14/2010)? Has the debtor remained current on the loan payments since that date?
Debtor's motion does not disclose the amount of any exemption claimed. Has the debtor claimed an exemption in any amount with regard to the property? If so, for how much and has schedule C been amended? With a valuation of $370,000 and a loan balance of $237,801.22, there may well be sufficient equity for the judgment creditor to obtain a lien on some portion of the value.
Hearing required.
Final Ruling for February 14, 2018:
Continue hearing to March 14, 2018 at 11:00 a.m. Movant should file amended Schedule C that includes a homestead exemption by February 21 and should file and serve amended motion that fixes section 5(b) and the attachment and that is served in accordance with tentative ruling.
Tentative Ruling for March 14, 2018:
Service problems have been remedied. Schedule C has been amended to reflect a homestead exemption of $100,000. Motion still shows a consensual lien balance of $237,801.22, but the attachments reflect a loan balance as of December of 2009 of $493,259.79. The bankruptcy was filed on June 14,
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2010. Why has the loan balance decreased this much? Did the debtor make any lump sum payments toward principal on the loan? If so, when?
In the last version of the motion, the debtor supplied a broker's price opinion with an inspection date of January 11, 2018 that showed a value of $370,000. The debtor has now supplied a broker's price opinion with an inspection date of February 17, 2008 that shows a value of $230,000. The price opinion does not describe this as a value as of the petition date, but the comparables used on this opinion are from 2010.
If this lower value is correct as of the petition date, even if the Court uses the lower loan balance, there is no value left in the property after deduction of the consensual lien and the homestead exemption. Grant motion.
Debtor(s):
William Dickey Represented By Daniel J Yee
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
Docket 1
NONE LISTED -
8/23/17 -- Court approved stipulation continuing hearing to September 6, 2017 at 10:00 a.m. OFF CALENDAR FOR AUGUST 30, 2017.
Tentative Ruling for September 6, 2017:
Why are these debtors in bankruptcy? They can well afford to pay claims against them. It appears that this case was filed to obtain the benefit of a more favorable forum for the resolution of their disputes with the Keros concerning the enforceability of a prepetition sale agreement. Why can't that dispute simply be resolved in state court? Hearing required.
9/14/17 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- September 15, 2017
Bar date -- November 17, 2017
L/D to file updated status report -- November 22, 2017
Cont'd status conference -- November 29, 2017 at 11:00 a.m.
Tentative Ruling for December 12, 2017:
Revisit status of case after conclusion of related matters on calendar.
Final Ruling for December 12, 2017:
Continue hearing to March 14, 2018 at 11:00 a.m. Debtor should file updated
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status report by March 2, but could will waive that requirement if the debtor schedules a hearing on a sale motion concurrently with the continued case status conference.
Tentative Ruling for March 14, 2018:
Continue hearing to March 21, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of compromise with LA Conservancy.
APPEARANCES WAIVED ON MARCH 14, 2018.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
11:00 AM
$25,909,579.33
fr. 11-15-17, 11-29-17
Docket 271
NONE LISTED -
10/18/17 -- At hearing held this date, Court continued hearing to November 29, 2017 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for November 29, 2017:
Court agrees with debtor that it did not waive its right to argue that default interest charges are unenforceable under applicable nonbankruptcy law. One cannot agree to pay an unenforceable penalty. None of the release cases cited by EWB are instances in which a debtor was held to have waived or released the right to argue that it should not be required to pay default interest because the obligation to pay that interest was an unenforceable penalty. (Perhaps it would be a different scenario if the debtor were paying off the lender and both sides were agreeing that the amount paid was payment in full and no further amounts would be sought or due in either direction and that agreement included 1542 waivers.) Court is not persuaded by EWB's laches, equitable estoppel or unclean hands arguments.
It is true that debtor bears the ultimate burden of proof in establishing that a liquidated damages provision (here, default interest) is unenforceable, but, absent discovery, a borrower will not have access to any discussions or actions that may have occurred on the lender's side of the transaction that led the lender to impose a particular default interest rate. And, if the lender's responses to discovery do not provide any evidence of prior or contemporaneous efforts on the part of the lender to arrive at a default interest rate that was intended to compensate for the actual anticipated
11:00 AM
damage that would result from a default, a borrower will have carried its burden of proof. See Cal. Bank & Trust v. Shilo Inn Seaside East, LLC, 2012
U.S. Dist. LEXIS 163134.
There is an additional legal issue here: whether, assuming the default interest provision would otherwise have been an unenforceable penalty under nonbankruptcy law, the debtor could waive that defense and render the penalty enforceable in exchange for the lender's forbearance and whether that in fact occurred here. A mere recital of what the lender claims as default interest in the forbearance agreement will not change the enforceability of a penalty provision. And, notably, here, the lender creates new potentially unenforceable penalty provisions in the forbearance agreement itself. In section 2(d) of the agreement, the lender agrees that, if the payments are made in accordance with the new schedule set forth in the forbearance agreement, the lender will forgive the default interest charges. So, once again, the question becomes whether these charges are being threatened/imposed as a penalty to coerce the debtor to perform in a timely manner (in which case they are unenforceable) or whether they represent a reasonable attempt to quantify the actual damages that lender will suffer in the event that payments are made late.
Here, the initial nondefault interest rate was 6.75 percent. The default interest rate increased that rate by 6 percent over the variable index rate. (This was in addition to a late charge equal to 6 percent of each delinquent payment.) Where did these numbers come from? Does this default interest rate represent a reasonable attempt by the lender to quantify its actual damages in the event of a default? Discovery is not yet complete, but does lender believe that it will locate additional relevant documents if discovery is permitted to continue?
Hearing required.
2/27/18 -- Court approved stipulation continuing hearings to March 21, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 14, 2018.
11:00 AM
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
11:00 AM
$2,765,378.98
fr. 11-15-17, 11-29-17
Docket 269
NONE LISTED -
10/18/17 -- At hearing held this date, Court continued hearing to November 29, 2017 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for November 29, 2017:
Rulings on EWB's Evidentiary Objections:
Sustain. Best Evidence Rule. (This is more in the nature of argument than testimony.)
Same as ruling no. 1.
Same as ruling no. 1.
Overrule.
Sustain.
6-9. Overrule.
See tentative ruling for matter no. 105 with regard to debtor's argument as to the enforceability of default interest. Here, nondefault rate was originally 5 percent over the variable index rate. Default rate increased that rate to 10 percent over the variable index rate.
With regard to claim for attorneys' fees, continue hearing to permit EWB to provide fee statements.
Court is confused with regard to the debtor's offset claim. If the debtor were able to establish that the BGM trustee overpaid because some portion of the
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amounts he paid were for unenforceable claims, how would/why should that result in a reduction in the amount that this debtor owes to EWB on account of some other claim? The BGM trustee has filed a proof of claim for reimbursement of the amounts that it paid EWB. If the trustee should not have paid a portion of these amounts because they were unenforceable, that should serve merely to reduce the amount that the trustee would otherwise be able to recover from this debtor.
2/27/18 -- Court approved stipulation continuing hearings to March 21, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 14, 2018.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
11:00 AM
fr. 8-29-17, 9-13-17, 10-4-17, 10-18-17, 11-29-17
Docket 205
NONE LISTED -
Tentative Ruling for August 29, 2017:
Debtor's papers were not filed until 8/25/17. Judge Bluebond did not receive a service copy of these papers.
Grant in part and deny in part. Court is not troubled by the debtor's decision to proceed under Rule 2004 before filing an objection to claim; however, court is not inclined to permit the scope of discovery to be broader than necessary in light of the issues likely to arise in the claim objection simply because the debtor elected to proceed in this manner. Date range of January 1, 2005 to August 4, 2017 is too broad. Debtor should identify particular periods of time that may be relevant. One time period would at or before the time the loan was made. Another would be around the time of any discussions concerning a possible extenson of the loan maturity date after the principal paydown.
Debtor need not brief legal issues first. Parties are aware of the legal issues.
EWB should not be prejudiced by the timing. If EWB needs additional time to respond, additional time should be provided. It appears that debtor is now willing to accept a rolling production and has agreed that depositions may occur after documents have been produced.
EWB need not produce privileged materials, but should produce a privilege log unless the request specifically seeks legal analysis (such as request no.
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33). Such requests may be objected to in their entirety. However, there is no right to withhold documents simply because they may contain information that EWB considers proprietary and inquiries into loan approval, underwriting, etc. are critical to the enforceability of default interest. These documents must be produced. However, debtor should maintain the confidentiality of these documents.
EWB need not put the documents in any format other than the format in which they are ordinarily maintained. If the debtor would like the documents converted to some other format, it must pay any costs associated therewith. Once scope of production has been limited to reasonable time frames, court is not inclined to make the debtor bear the cost of EWB's e-discovery vendor, unless debtor would like the format converted.
Final Ruling for August 29, 2017:
Continue hearing to September 13, 2017 at 11:00 a.m. for a status conference. EWB should try to produce its loan files by then. It may stamp as confidential material with understanding that the parties are working on the terms of a confidentiality agreement. Counsel for EWB will send draft of confidentiality agreement to debtor's counsel for review and comment.
Parties have agreed not to conduct the depositions until after the documents have been produced.
Tentative Ruling for September 13, 2017:
Have loan files been produced? Have the parties agreed upon the terms of a confidentiality agreement? What, if any, additional progress has been made in this matter? Hearing required.
9/28/17 -- Court approved stipulated protective order.
Tentative Ruling for March 14, 2018:
What, if any, additional progress has been made in this matter? Hearing required.
11:00 AM
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
EAST WEST BANK Represented By Anastasia E Bessey
2:00 PM
Docket 101
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Xiao Hua Sun Represented By
Charles R Sutton
Joint Debtor(s):
Lianlian Zhou Represented By Charles R Sutton
2:00 PM
[Fees requested: $8000.00, Expenses: $0.00]
Docket 40
NONE LISTED -
Grant application. Allow on a final basis fees of $8,000 and no costs. (Trustee seeking authority to pay in final report set for hearing on April 4, 2018.) APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER
(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Bijan Sani Represented By
Sanaz S Bereliani
Trustee(s):
Howard M Ehrenberg (TR) Represented By Sanaz S Bereliani
10:00 AM
MOVANT: U.S. BANK, NA
Docket 26
NONE LISTED -
Court is confused. Motion states that Exhibit 6 is a four-page facsimile sent to movant that includes a grant deed from the original borrower to the debtor, but the Court was unable to locate such a document in Exhibit 6.
Hearing required.
Debtor(s):
Maria D Olivas Pro Se
Movant(s):
U.S. Bank National Association Represented By Darlene C Vigil
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: HONDA LEASE TRUST
Docket 11
3/13/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 3/20/18 @ 10am
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Isela Gonzalez Represented By Alisa Admiral
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: U.S. BANK, N.A.
Docket 15
3/13/18 - Dane Exnowski, (562)661-5060, has been approved for telephonic appearance on 3/20/18 @ 10am.
Case has been dismissed. Motion is not entirely moot, as it seeks extraordinary relief. Either deny motion as moot or, if movant prefers, continue hearing to give movant an opportunity to comply with Court's local, local rule re proceeding to hearing on motions in dismissed cases.
Debtor(s):
Tommy Hur Pro Se
Movant(s):
U.S. Bank National Association, not Represented By
Dane W Exnowski
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: TD AUTO FINANCE, LLC.
Docket 21
3/12/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 3/20/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Marisol Lara Represented By
Elena Steers
Joint Debtor(s):
Lindsay del Carmen Tobie Represented By Elena Steers
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: U.S. BANK, N.A.
Docket 11
NONE LISTED -
Bankruptcy case has been dismissed, but motion is not moot as it seeks extraordinary relief and movant has filed and served a notice of intent to proceed with hearing notwithstanding the dismissal.
Grant motion, including waiver of Rule 4001(a)(3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included the transfer of an interest in property without movant's consent and multiple bankruptcy filings affecting this property.
Debtor(s):
Sherman E Mayers Pro Se
Movant(s):
U.S. Bank National Association Represented By Darlene C Vigil
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: TUSTIN GATEWAY, LP.
Docket 8
NONE LISTED -
Court lacks authority to grant in rem relief when movant is not a secured creditor. Grant motion with waiver of Rule 4001(a)(3).
Debtor(s):
Sue M Choi Pro Se
Movant(s):
Tustin Gateway, L.P., a California Represented By
Abel Ortiz
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Claim No: Claimant:
Claim 3 California Uninsured Employees Benefit Fund
Claim 5 Carlos Arguello - 10/13/17 - WITHDRAWAL OF CLAIM FILED
fr. 11-15-17, 1-24-18
Docket 79
10/13/17 - Withdrawal of claim no 5 by Carlos Arguello filed.
3/14/18 - Rika Kido, (949)340-3400, has been approved for telephonic appearance on 3/20/18 @ 10am
10/25/17 -- Court approved stipulation continuing hearing to January 24, 2018 at 10:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for January 24, 2018:
Motion argues that claim should be disallowed because liability is contingent, among other reasons. However, trustee reports that UEBTF has reached a resolution with Arguello and that relief from stay was granted to permit the parties to enter into a final settlement. Once this occurs, the claim will no longer be contingent. Continue hearing yet again, if necessary to enable settlement to be finalized, at which point claim should be disallowed to the extent that it exceeds settlement amount, no?
1/22/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 10:00 a.m. OFF CALENDAR FOR JANUARY 24, 2018. NO APPEARANCE
10:00 AM
REQUIRED.
Tentative Ruling for March 20, 2018:
Trustee has withdrawn remaining objection. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Route One Transport, Inc. Represented By Rosendo Gonzalez
John J Menchaca (TR)
Movant(s):
John J Menchaca (TR) Represented By Leonard M Shulman Robert E Huttenhoff
John J Menchaca (TR) Rika Kido
Trustee(s):
John J Menchaca (TR) Represented By Leonard M Shulman Robert E Huttenhoff
John J Menchaca (TR) Rika Kido
10:00 AM
MOVANT: 795 FAIRFIELD CIRCLE, LLC.
Docket 15
NONE LISTED -
Grant with waiver of Rule 4001(a)(3) but without extraordinary relief. Movant is not entitled to relief under section 362(d)(4).
Debtor(s):
Claudia Ann Fisher Pro Se
Movant(s):
795 Fairfield Circle, LLC Represented By Carol G Unruh
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 34
NONE LISTED -
Court does not understand what the trustee is trying to say with regard to the propriety of selling this property free and clear of liens under section 363(f)(5). Additional clarification is required.
Provided trustee can articulate a basis for a sale free and clear (and/or that the secured creditors consent to the sale), and provided further that notice and marketing efforts have been adequate under the circumstances, grant portion of motion that seeks authority to sell property subject to overbid.
Continue hearing on balance of relief sought by motion to provide a meaningful opportunity for affected parties to respond to the motion. There is no urgency to the trustee's request to surcharge the lender's collateral for all of his administrative expenses and an amount sufficient to free up a 20 of the proceeds for unsecured creditors. That should not be heard on an emergency basis. In the interim, sales proceeds may be held pending further order of the court.
What is the trustee's response to the positions advanced in the landlord's limited opposition?
Debtor(s):
California Sandblasting & Coating, Represented By
Alan F Broidy
10:00 AM
Trustee(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
2:00 PM
Adv#: 2:16-01417 Menchaca et al v. Clayton Group Inc. et al
Clayton Group Inc., Timothy Duffy
fr. 11-15-16, 6-6-17, 7-11-17, 10-3-17, 1-30-18
Docket 1
NONE LISTED -
Tentative Ruling for February 14, 2017:
The amended complaint was filed back in October. Why haven't all defendants been served? (There is no proof of service on docket.)
Hearing required.
Final Ruling for February 14, 2017:
Continue status conference to June 6, 2017 at 2:00 p.m. Parties should file joint status report by May 23, 2017. Trustee and Main Credit will be amending complaint again to add Main Credit as plaintiff, make a few corrections and add a party.
Tentative Ruling for June 6, 2017:
In status report, trustee states that plaintiff will have filed a motion to substitute Main Credit as the plaintiff by the date of the status conference. Has this occurred?
Tentative Ruling for July 11, 2017:
2:00 PM
Deadline to file/serve response to complaint was July 7, 2017. Clayton Group has filed an answer. Has Timothy Duffy? If not, set deadline for filing request for entry of default and default judgment motion.
How long do the parties anticipate that they will need to complete discovery? Does either/any party anticipate filing any pretrial motions? Should this matter be sent to mediation? Hearing required.
7/14/17 -- Court signed scheduling order setting dicovery cutoff for December 29, 2017 and continued status conference for October 3, 2017 at 2:00 p.m.
Parties shall file joint status report not later than September 19, 2017.
Tentative Ruling for October 3, 2017:
According to the status report, the parties anticipate that they will be done with discovery by January 31, 2018. Are the parties requesting an extension of the discovery cutoff? Hearing required.
10/12/17 -- Court approved scheduling order with following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018 L/D to complete mediation -- January 30, 2018
L/D to lodge order appointing mediator -- October 30, 2017 Discovery cutoff extended to January 31, 2018
Tentative Ruling for January 30, 2018:
Have the parties now completed their day of mediation? If not, why not? If the matter has not settled, continue discovery cutoff to March 15, 2018.
Discuss with parties timing for any contemplated motions for summary judgment or adjudication.
2/5/18 -- Court approved scheduling order with following dates: Cont'd status conference -- March 20, 2018 at 2:00 p.m.
L/D to file joint status report -- March 13, 2018
2:00 PM
L/D to complete mediation -- March 20, 2018 Discovery cutoff extended to March 15, 2018
Tentative Ruling for March 20, 2018:
Mediator reports that matter settled. Discuss with parties procedures for obtaining approval of proposed settlement.
Debtor(s):
RestoreGroup, Corp. Represented By Steven R Fox
Defendant(s):
Clayton Group Inc. Represented By Steven J Shapero
Timothy Duffy Pro Se
Plaintiff(s):
John J. Menchaca Represented By David G Jimenez
Main Credit Corp as Successor to Represented By
David G Jimenez
Trustee(s):
John J Menchaca (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
Adv#: 2:14-01753 Douglas v. Oroumieh
fr. 1-23-18
Docket 1
NONE LISTED -
The court has a number of problems with the form of the pretrial order. Court will discuss the required contents of the order on the record at the time of the pretrial conference.
Debtor(s):
Robert Oroumieh Pro Se
Defendant(s):
Robert Oroumieh Represented By Randolph R Melendez
Plaintiff(s):
Frederic M Douglas Pro Se
Trustee(s):
David A Gill (TR) Represented By Steven J Schwartz Eric P Israel
2:00 PM
Adv#: 2:17-01361 Diamond, Chapter 7 Trustee, Plaintiff v. HOMESTREET, INC., a
fr. 10-3-17, 11-7-17, 2-6-18
Docket 1
NONE LISTED -
8/17/17 -- Court approved stipulation continuing hearing to November 7, 2017 at 2:00 p.m. and extending deadline to respond to complaint to September 20, 2017. OFF CALENDAR FOR OCTOBER 3, 2017.
Tentative Ruling for November 7, 2017:
Why don't the parties want this matter sent to mediation? Hearing required.
1/29/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 6, 2018.
ACTION DISMISSED. OFF CALENDAR.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
HOMESTREET, INC., a Represented By Charles E Katz
2:00 PM
Umpqua Bank Represented By Reed S Waddell
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Sonia Singh Michael G D'Alba Howard Kollitz
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz
2:00 PM
Adv#: 2:15-01648 Main Credit Corp v. Kibby et al
fr. 2-2-16, 4-26-16, 7-19-16, 10-18-16, 1-31-17, 5-16-17, 8-29-17, 10-3-17,
1-30-18
Docket 1
NONE LISTED -
What is defendant's position with regard to mediation? Hearing required. 2/14/17 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 16, 2017 at 2:00 p.m. L/D to file and serve joint status report -- May 2, 2017 L/D to conduct discovery -- October 31, 2017
Tentative Ruling for May 16, 2017:
Continue status conference to August 29, 2017 at 2:00 p.m. Parties shall file updated status report not later than August 15, 2017. APPEARANCES WAIVED ON MAY 16, 2017.
7/11/17 -- At a hearing held this date in a related adversary proceeding, the Court continued this status conference to October 3, 2017 at 2:00 p.m. OFF
2:00 PM
CALENDAR FOR AUGUST 29, 2017. NO APPEARANCE REQUIRED.
Tentative Ruling for October 3, 2017:
According to the status report, the parties anticipate that they will be done with discovery by December 31, 2018. Are the parties requesting an extension of the discovery cutoff? Discuss with the parties whether this is an appropriate matter to be sent to mediation.
10/12/17 -- Court approved scheduling order with following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018 L/D to complete mediation -- January 30, 2018
L/D to lodge order appointing mediator -- October 30, 2017 Discovery cutoff extended to January 31, 2018
Tentative Ruling for January 30, 2018:
Have the parties now completed their day of mediation? If not, why not? If the matter has not settled, continue discovery cutoff to March 15, 2018.
Discuss with parties timing for any contemplated motions for summary judgment or adjudication.
2/5/18 -- Court approved scheduling order with following dates: Cont'd status conference -- March 20, 2018 at 2:00 p.m.
L/D to file joint status report -- March 13, 2018 L/D to complete mediation -- March 20, 2018 Discovery cutoff extended to March 15, 2018
Tentative Ruling for March 20, 2018:
Mediator reports that matter settled. Discuss with parties procedures for obtaining approval of proposed settlement.
2:00 PM
Debtor(s):
Charles Clayton Kibby Represented By Jeffrey J Hagen Steven J Shapero
Defendant(s):
Charles Clayton Kibby Represented By Steven J Shapero David G Jimenez
RestoreGroup, Corp. Represented By Steven J Shapero David G Jimenez
Clayton Group Inc Represented By Steven J Shapero David G Jimenez
CGI Preservation Represented By Steven J Shapero David G Jimenez
Plaintiff(s):
Main Credit Corp Represented By David G Jimenez
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:16-01218 Garcia et al v. Ambrosio
fr. 7-5-16, 10-4-16, 1-31-17, 3-28-17, 6-27-17, 9-12-17, 11-14-17, 2-27-18
Docket 1
NONE LISTED -
Tentative Ruling for March 28, 2017:
Court instructed plaintiff at last hearing to lodge an order reopening underlying bankruptcy case and an order granting relief from stay. Docket reflect FILING of a notice of lodgment, but it appears that no order was actually lodged.
Hearing required.
Final Ruling for March 28, 2017:
Continue status conference to June 27, 2017 at 2:00 p.m. Parties should file joint status report by June 13, 2017. Plaintiff should serve notice of the continued status conference.
Tentative Ruling for June 27, 2017:
Court has reviewed the parties' joint status report. Why don't the parties want this matter sent to mediation? Hearing required.
8/1/17 -- Parties lodged order appointing mediators, but court rejected it as it had not been signed by the parties.
2:00 PM
8/2/17 -- Court approved order appointing mediators.
Tentative Ruling for September 12, 2017:
The court would like additional information concerning the reason for the parties' failure to comply with its order that mediation be completed by today and their failure to file a joint status report in a timely manner.
Final Ruling for September 12, 2017:
Continue status conference to November 14, 2017 at 2:00 p.m. Parties are to file joint status report not later than October 31, 2017. Parties shall complete a day of mediation by November 14, 2017. Plaintiff shall lodge scheduling order.
Tentative Ruling for November 14, 2017:
Parties should read court manual. Judge must be served with copy of joint status report. Proof of service does not reflect service on judge. Status report was filed late. Sanction counsel for plaintiff $150 for failing to lodge scheduling order as directed by court at September 12 hearing.
Parties have completed a day of mediation. Do they have any plans to continue the discussions that began at that mediation?
Is a trial date likely to be set in state court at the final status conference? Hearing required.
Tentative Ruling for February 27, 2018:
Has trial in state court concluded? Has there been a ruling? Hearing required.
Final Ruling for February 27, 2018:
Parties stated on the record that they will be stipulating to dismiss this action.
2:00 PM
Defendant prevailed in the state court action. Court continued matter to March 20, 2018 at 2:00 p.m. as a holding date for the parties to file their stipulation and lodge the dismissal order.
Tentative Ruling for March 20, 2018:
Where is the stipulation re dismissal?
Debtor(s):
Gumersindo Justo Ambrosio Represented By Alla Tenina
Defendant(s):
Gumersindo Justo Ambrosio Represented By Alla Tenina
Plaintiff(s):
Zeferino Garcia Represented By Adrian M Baca
Maria Francisco Represented By Adrian M Baca
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:16-01265 United States Trustee for the Central District of v. Robledo
Complaint by Peter C Anderson against Francisco Javier Robledo fr. 8-9-16, 11-15-16, 2-28-17, 3-7-17, 5-16-17, 8-15-17
Docket 1
NONE LISTED -
Tentative Ruling for August 9, 2016:
Defendant does not consent to entry of a final order in this adversary proceeding; however, this is an action to bar the debtor's discharge under section 727. There could be no clearer example of a core matter in which the bankruptcy court has authority to enter a final order. Enter an order to this effect. [Defendant subsequently consented on the record to entry of a final order and later status report includes written consent.]
Continue status conference for approximately 90 days to give parties an opportunity to commence discovery. Discuss with parties procedures for obtaining testimony from defendant and whether this might be an appropriate case for a motion for summary judgment.
Final Ruling for August 9, 2016:
Continue status conference to November 15, 2016 at 2:00 p.m. Parties should file joint status report not later than November 1, 2016.
Tentative Ruling for November 15, 2016:
Set discovery cutoff for late February, 2017 and continued status conference for approximately same time frame.
2:00 PM
11/16/16 -- Court approved scheduling order setting following dates:
Cont'd status conference -- February 28, 2017 at 2:00 p.m. L/D to file status report -- February 14, 2017
Discovery cutoff -- April 30, 2017
Tentative Ruling for March 7, 2017:
Has any progress been made in scheduling defendant's deposition? Hearing required.
3/8/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- May 16, 2017
Extended discovery cutoff -- May 31, 2017
Tentative Ruling for May 16, 2017:
Revisit status of action after conclusion of related matter on calendar.
6/7/17 -- court entered order requiring debtor to testify on June 27, 2017. If debtor fails to testify on that date, court shall strike defendant's answer and permit plaintiff to proceed by way of default. Any supplemental papers are to be filed by August 1, 2017. Court waived requirement of status report.
Tentative Ruling for August 15, 2017:
Plaintiff reports that defendant is now unrepresented and that defendant has reprsented that he will be released to a halfway house on or about November 30, 2017 and moved to home confinement on or about December 17, 2017. He projects a final release date of approximately February 28, 2018. It appears that discovery has been completed.
Does plaintiff anticipate any pretrial motion practice? Hearing required.
2/13/18 -- Court granted UST's motion to continue pretrial conference to April
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24, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 20, 2018.
Debtor(s):
Francisco Javier Robledo Represented By Gary Leibowitz
Defendant(s):
Francisco Javier Robledo Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Kelly L Morrison Ron Maroko
Trustee(s):
Jason M Rund (TR) Represented By Thomas H Casey Kathleen J McCarthy
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Adv#: 2:17-01191 Ziel v. Antisdale
fr. 5-16-17, 8-15-17, 12-19-17
Docket 1
2/16/18 - Notice of dismissal filed, but an answer was filed to this complaint.
Continue status conference approximately 90 days. Order parties to complete a day of mediation under the court's mediation program prior to the date of the continued status conference.
6/16/17 -- Court approved scheduling order with following dates: Cont'd status conference -- August 15, 2017 at 2:00 p.m.
L/D to file joint status report -- August 1, 2017 L/D to complete mediation -- August 15, 2017
L/D to lodge order appointing mediator -- May 31, 2017 8/7/17 -- Court approved order appointing mediators.
Tentative Ruling for August 15, 2017:
Did the parties participate in a mediation on August 7? If so, did the matter settle? Hearing required.
Tentative Ruling for December 19, 2017:
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Matter has been settled. Parties are waiting for an amended marital dissolution order from Nevada Superior Court. At request of parties, continue hearing to March 20, 2018 at 2:00 p.m. Parties should file an updated status report not less than 2 weeks prior to the continued status conference.
APPEARANCES WAIVED ON DECEMBER 19, 2017.
Tentative Ruling for March 20, 2018:
As there was an answer to the complaint, the court cannot dismiss the action based on a notice of dismissal, even though the parties stipulated on the record that the action should be dismissed. The Court needs an order dismissing the action.
Debtor(s):
Stephen Paul Antisdale Represented By Rob R Nichols
Defendant(s):
Stephen Paul Antisdale Represented By Rob R Nichols
Plaintiff(s):
Linda Ziel Represented By
J Scott Williams
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:17-01384 McKenzie v. Bustamante
fr. 10-17-17, 1-30-18
Docket 1
NONE LISTED -
Set discovery cutoff for February 1, 2018. Continue status conference to approximately same time frame. Order parties to complete a day of mediation prior to date of continued status conference.
10/20/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018
L/D to lodge order appointing mediator and alternate mediator -- 11/17/17 L/D to complete mediation -- January 30, 2018
Tentative Ruling for January 30, 2018:
The titles on the status reports were a bit confusing. Court assumes that parties have now both signed off on the report most recently filed January 17, 2018 as docket no. 14?
Case was closed without a discharge in October of 2017 based upon the debtor's failure to file a certificate evidencing the completion of a credit counseling course. This situation is easily remedied with the filing of a form
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motion to reopen to permit the filing of the credit counseling certificate. Parties should have proceeded with mediation.
Does debtor intend to file such a motion? If not, why not? Hearing required.
3/6/18 -- Court signed order appointing mediators. Tentative Ruling for March 20, 2018:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order with dates set at prior status conference. (Cont'd status conference -- March 20, 2018 at 2:00 p.m.; L/D to file updated status report -- March 6, 2018; Extended deadline for completion of mediation -- March 20, 2018; L/D to lodge order appointing mediators -- February 16, 2018). Court signed order appointing mediators, but never received scheduling order.
Did the parties completed the mediation scheduled for March 15? Hearing required.
Debtor(s):
Anthony Bustamante Represented By Dana M Douglas
Defendant(s):
Anthony Bustamante Represented By Dana M Douglas
Plaintiff(s):
Gary McKenzie Represented By Ronald D Tym
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:17-01402 Portillo et al v. Ardon et al
fr. 10-17-17, 1-23-18
Docket 1
NONE LISTED -
If defendant appears, explain to defendant requirement that he accept service of papers, meet and confer, participate in preparation of joint status reports, etc. (Plaintiffs' signatures go on left hand side of joint status report form, not both sides.) Future mailings should be by first class mail, not by certified mail, return receipt requested. Court will presume items mailed were received if sent to correct address.
If defendant fails to appear, issue OSC why his answer should not be stricken and plaintiffs permitted to proceed by way of default.
Hearing required.
10/18/17 -- Court approved scheduling order with following dates:
L/D to approve order appointing mediators -- November 22, 2017 L/D to complete mediation -- January 23, 2017
L/D to file joint status report -- January 9, 2018 Discovery cutoff -- January 31, 2018
11/22/17 -- Court approved order appointing mediators.
2:00 PM
Tentative Ruling for January 23, 2018:
Mediator reports that defendant did not appear for mediation. Issue OSC why defendant's answer should not be stricken and plaintiff permitted to proceed by way of default based on defendant's failure to attend mediation. Continue status conference to date of hearing on OSC.
1/24/18 -- Court entered order setting following dates and advising defendants that it would strike their answer and permit plaintiffs to proceed by way of default if defendants fail to attend the next mediation:
Discovery cutoff extended to April 30, 2018
Deadline to complete mediation extended to March 20, 2018 Cont'd status conference -- March 20, 2018 at 2:00 p.m.
L/D to file joint status report -- March 6, 2018
Tentative Ruling for March 20, 2018:
Mediator reports that matter settled. What is the structure of the proposed settlement? Hearing required.
Debtor(s):
Moises Mauricio Ardon Represented By Lauren Ross
Defendant(s):
Moises Mauricio Ardon Pro Se
Judit Garcia Rolon Pro Se
Joint Debtor(s):
Judit Garcia Rolon Represented By Lauren Ross
Plaintiff(s):
Marisa Gonzalez Portillo Pro Se
2:00 PM
Jaime Portillo Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01016 Kanowski v. Walker et al
Docket 1
NONE LISTED -
Parties have both requested mediation. Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Christopher Douglas Walker Represented By Raymond J Bulaon
Defendant(s):
Laura Ann Walker Represented By Barry R Wegman
Christopher Douglas Walker Represented By Barry R Wegman
Joint Debtor(s):
Laura Ann Walker Represented By Raymond J Bulaon
Plaintiff(s):
Michelle Kanowski Represented By
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Trustee(s):
Michael Y Lo
David M Goodrich (TR) Pro Se
2:00 PM
Sustaining Objection to Debtor's Claim of Exemption
Compelling Turnover of Estate Property fr. 1-24-18
Docket 38
NONE LISTED -
Tentative Ruling for January 28, 2018:
Trustee is correct that settlement proceeds are property of debtors' bankruptcy estate, but that is a different question from whether or not that property is exempt. Trustee is correct that debtors cannot now switch to 704 exemptions in light of the fact that their bankruptcy case was administered with the exemptions available under section 703. Debtors cannot refuse to produce copies of relevant documents including settlement agreement to trustee. Trustee is the real party in interest unless and until the proceeds have been exempted from the bankruptcy estate and they won't be exempted unless the trustee has an opportunity to review the operative documents.
Continue hearing to give debtors an opportunity to amend their Schedule C to assert exemptions under the 703 series and for the parties to engage in discovery. Issue notice deeming matter to be an adversary proceeding for procedural purposes and set continued status conference.
Final Ruling for January 28, 2018:
(See order entered January 29, 2018.) Issue order advising parties that court will treat this contested matter as an adversary proceeding for procedural
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purposes. Court bifurcated issues raised by motion for purposes of discovery and hearing; the first issue to be addressed is whether the proceeds are property of the bankruptcy estate. Court set March 20, 2018 at 2:00 p.m. as a status conference and waived the requirement of a status report.
Tentative Ruling for March 20, 2018:
When do the parties anticipate that they will have completed discovery with regard to the first issue? Hearing required.
Debtor(s):
Robert Louis Ditchey Sr. Represented By
Susan I Montgomery
Joint Debtor(s):
Nathalie R. Ditchey Represented By
Susan I Montgomery
Movant(s):
Rosendo Gonzalez (TR) Represented By Toan B Chung
Trustee(s):
Rosendo Gonzalez (TR) Represented By Toan B Chung
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
Docket 50
NONE LISTED -
[Tentative Ruling Withheld]
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Tentative Ruling for March 20, 2018:
What, if any, progress has been made with regard to settlements? Are the parties ready to proceed to hearing on this motion?
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
2:00 PM
Movant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
fr. 8-1-17, 8-29-17, 10-3-17, 3-6-18
Docket 1
NONE LISTED -
6/26/17 -- Court approved stipulation continuing defendant's response date to August 4, 2017 and continuing status conference to August 29, 2017 at 2:00
p.m. OFF CALENDAR FOR AUGUST 1, 2017.
8/22/17 -- Court approved stipulation continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 29, 2017.
Tentative Ruling for January 30, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Tentative Ruling for March 20, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
2:00 PM
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:17-01481 Leslie v. Solis et al
Docket 11
NONE LISTED -
Motion has not been opposed and Solis has not contested that the bins were part of the sale and should be turned over. Grant motion insofar as it requests an order compelling turnover of the bins to the buyer.
With regard to the trucks, isn't this motion in substance a motion for summary judgment or partial summary adjudication of issues? And, if so, movant needs to comply with applicable procedural rules for such a motion. Further, exhibits (photos) are entirely black. Court cannot determine what is depicted in the photos.
Debtor(s):
West Coast Recycling Services, Inc. Represented By
James D. Hornbuckle
Defendant(s):
Alfredo Solis Represented By
James D. Hornbuckle
Mission Recycling, Inc., a California Represented By
James D. Hornbuckle
Movant(s):
Sam S. Leslie Represented By
Christian T Kim James A Dumas Jr
2:00 PM
Sam S Leslie (TR) Represented By James A Dumas Jr
Plaintiff(s):
Sam S. Leslie Represented By
Christian T Kim James A Dumas Jr
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim James A Dumas Jr
2:00 PM
Adv#: 2:15-01535 Murtagh v. BAKER et al
Contempt;
Issue, Evidentiary And/Or Money Sanctions Against Baker And His Attorney;
All Available Related Relief
Docket 322
3/16/18 - Baruch Cohen, (323)937-4501, has been approved for telephonic appearance on 3/20/18 @2pm
Order complete access to all information, including admin credentials, with regard to www.jamesmurtaghmdtruth.com website. Issue OSC why Baker should not be held in contempt and the requested issue and monetary sanctions should not be imposed based on the fact that Murtagh violated this Court's October 5, 2017 order by (1) failing to give Anderson administrative access to the www.Baddocjjm.com website, as Pickrell testified that he had such access , and (2) failing to give Anderson a working user name and password for his Hushmail accounts.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By
2:00 PM
Movant(s):
Baruch C Cohen
James Murtagh Represented By David P Bleistein Lisa Hiraide
James Murtagh Represented By David P Bleistein Lisa Hiraide
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
2:00 PM
Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 12-8-15, 2-9-16, 4-5-16, 5-10-16, 5-24-16, 5-31-16, 9-27-16, 11-15-16,
1-10-17, 3-14-17, 6-13-17, 6-27-17, 7-11-17, 10-31-17, 2-13-18, 3-13-18
Docket 1
3/16/18 - Baruch Cohen, (323)937-4501, has been approved for telephonic appearance on 3/20/18 @2pm
Defendant's counsel should not handwrite documents to be filed with the Court. His writing is illegible.
Continue status conference to May 10, 2016 at 2:00 p.m. to be heard concurrently with related matters that will be on calendar for that date. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for May 31, 2016:
Revisit status of action after conclusion of related matters on calendar. 6/2/16 -- Court signed scheduling order setting following dates:
Cont'd status conference -- September 27, 2016 at 2:00 p.m. L/D to file joint status report -- September 13, 2016 Discovery cutoff -- September 30, 2016
L/D to lodge order appointing mediator -- June 17, 2016 Deadline to complete mediation -- September 27, 2016
7/6/16 -- court approved order appointing mediators.
2:00 PM
Tentative Ruling for September 27, 2016:
Plaintiff has filed a notice of inability to prepare joint status report. Where is the declaration required by LBR 7016-1(a)(3) that must be included whenever a party submits a unilateral status report? Why haven't the parties used the mandatory status report form required by LBR 7016-1(a)(2)? When counsel for plaintiff provided a draft status report that did not comply with the Local Bankruptcy Rules, why didn't counsel for the defendant file a unilateral report in compliance with LBR 7016-1(a)(3)?
Impose sanctions of $150 on counsel for each of the parties. Counsel for the plaintiff is urged to download a current version of the Court's local rules, as he is apparently relying on an outdated version of the rules. He should refer to the Court's website.
As a result, although there is a great deal of alleged information contained in plaintiff's filing, none of it is evidence and it does not address the issues that are supposed to be included in the status report.
Set continued status conference in approximately 30 to 45 days. Parties are to file the required joint status report form not less than two weeks prior to the continued status conference.
Tentative Ruling for March 14, 2017:
Revisit status of action after conclusion of hearing on matter no.101.
3/25/17 -- Court signed scheduling order setting following dates:
Cont'd status conference -- June 13, 2017 at 2:00 p.m. L/D to file joint status report -- May 30, 2017
L/D to designate experts and exchange reports -- May 15, 2017 L/D to exchange responsive reports -- June 12, 2017
5/26/17 -- Court granted motion to extend June 12 deadline to June 19 and continued status conference to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 13, 2017.
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6/12/17 -- Court approved stipulation continuing hearing to July 11, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 27, 2017.
Tentative Ruling for July 11, 2017:
Parties were to exchange expert witness reports. They did not need to file them. On May 16, 2017, Court reopened discovery for a period of 60 days from that date to permit the parties to conduct additional discovery related to the website www.baddocjjm.com. Are the parties on track to complete that discovery by July 15?
Set deadline for the completion of expert discovery. Has all other discovery been completed?
Set pretrial conference and deadline for lodging joint pretrial order. Discuss with parties form of proposed pretrial order.
8/15/17 -- Court approved scheduling order setting following dates: L/D to complete expert discovery -- September 15, 2017
Cont'd status conference -- October 31, 2017 at 2:00 p.m. L/D to file joint status report -- October 17, 2017
Tentative Ruling for October 31, 2017:
In light of court's rulings in related matters, when does plaintiff anticipate that he will be ready for trial.
2/6/18 -- Court approved stipulation continuing hearing to March 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Tentative Ruling for March 13, 2018:
Continue status conference to March 20, 2018 at 2:00 p.m. to be heard concurrently with motion on calendar for that date and time. Where is status report that should have been filed two weeks before status conference?
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APPEARANCES WAIVED ON MARCH 13, 2018.
Tentative Ruling for March 20, 2018:
Continue status conference to date of hearing on OSC.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Baruch C Cohen
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
10:00 AM
Docket 14
NONE LISTED -
Debtor has now paid in full. Vacate OSC. No appearance required. Court will prepare order.
Debtor(s):
Iuta Fuamatu Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 19
NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Salvador Bermudez Represented By Richard P Petersen
Joint Debtor(s):
Deborah Lynn Bermudez Represented By Richard P Petersen
Movant(s):
Wells Fargo Dealer Services Represented By Martha Herrera
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
Docket 15
3/21/18 - Neil Hedtke, (760)605-9124, has been approved for telephonic appearance (emergency basis) for 3/21/18 @ 10am.
The Car Max "appraisal" is the value that Car Max will pay for this vehicle. This is not retail. Retail is the price that Car Max would charge you if you wanted to buy this vehicle. Similarly, the KBB appraisal is for trade-in value, not retail.
Deny motion or, if movant would prefer, continue hearing to give debtor an opportunity to provide evidence of the retail value of the vehicle.
Debtor(s):
Giorgos Argirios Dimopoulos Represented By Neil R Hedtke
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
fr. 1-24-18, 2-14-18
Docket 138
NONE LISTED -
12/27/17 -- court approved stipulation continuing hearing to February 14, 2018 at 10:00 a.m. OFF CALENDAR FOR JANUARY 24, 2018.
2/1/18 -- Court signed order continuing hearing to March 21, 2018 at 10:00
a.m. OFF CALENDAR FOR FEBRUARY 14, 2018.
Tentative Ruling for March 21, 2018:
Objection is timely. The deadline to object per stipulations between the parties was December 10, 2017. Creditor purchased the trustee's right to object and filed her objection by December 8, 2017.
It is true that debtor need not necessarily be living in the property at the time the petition is filed in order to assert a homestead exemption in property in an appropriate case, but he may not bifurcate his homestead exemption. Which is it? Is the debtor claiming a homestead exemption in Unit B or in Unit D?
He needs to pick one, and the court will conduct an evidentiary hearing to ascertain whether the debtor is entitled to assert a homestead exemption with regard to that unit.
10:00 AM
Debtor(s):
Herzl Ben Marome Represented By Shai S Oved Leslie Richards
Movant(s):
Yona Wipranik Represented By Daniel Cheren Stella A Havkin
Yona Wipranik Represented By Daniel Cheren Stella A Havkin
Trustee(s):
John J Menchaca (TR) Represented By
M Douglas Flahaut Sevan Gorginian Aram Ordubegian
10:00 AM
Docket 336
NONE LISTED -
3/12/18 -- Court approved order resolving objection. OFF CALENDAR. MATTER RESOLVED.
Debtor(s):
Castle Trading, Inc Represented By David L Oberg
Trustee(s):
Richard K Diamond (TR) Represented By Eric P Israel Kevin Meek
George E Schulman Michael G D'Alba
10:00 AM
fr. 2-14-18
Docket 163
NONE LISTED -
2/6/18 -- Court approved stipulation continuing hearing to March 21, 2018 at 10:00 a.m. OFF CALENDAR FOR FEBRUARY 14, 2018.
Rulings on Evidentiary Objections:
Overrule.
Overrule.
Overrule.
Overrule.
Overrule.
Sustain. Lack of personal knowledge.
Sustain. Lack of personal knowledge.
Sustain. Lack of foundation.
Sustain. Lack of foundation.
Sustain. Best evidence rule.
Tentative Ruling on Merits:
Is the debtor operating and generating income now? If so, why hasn't it been able to pay any of the royalties due under the existing license agreement?
What would the debtor's response have been if USC had sought relief from stay to permit it to terminate the existing license agreement? Are there any arguments that could be made on the debtor's behalf?
This is a related party transaction affecting the value of the debtor's only significant asset. Continue hearing approximately 30 days to give objecting
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parties an opportunity to complete discovery and issue OSC why chapter 11 trustee should not be appointed to provide oversight. Court cannot approve this transaction without the benefit of input from a party who does not have a conflict of interest.
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
Shawn M Christianson
10:00 AM
Docket 83
NONE LISTED -
This matter will be heard on 11:00 a.m. calendar.
Debtor(s):
Veronica Cazarez Represented By Martin J Brill Todd M Arnold Lindsey L Smith
10:00 AM
Docket 149
NONE LISTED -
Court needs better understanding of what would happen if Keros ever acquires the property. Hearing required.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
10:00 AM
Docket 1
NONE LISTED -
8/23/17 -- Court approved stipulation continuing hearing to September 6, 2017 at 10:00 a.m. OFF CALENDAR FOR AUGUST 30, 2017.
Tentative Ruling for September 6, 2017:
Why are these debtors in bankruptcy? They can well afford to pay claims against them. It appears that this case was filed to obtain the benefit of a more favorable forum for the resolution of their disputes with the Keros concerning the enforceability of a prepetition sale agreement. Why can't that dispute simply be resolved in state court? Hearing required.
9/14/17 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- September 15, 2017
Bar date -- November 17, 2017
L/D to file updated status report -- November 22, 2017
Cont'd status conference -- November 29, 2017 at 11:00 a.m.
Tentative Ruling for December 12, 2017:
Revisit status of case after conclusion of related matters on calendar.
Final Ruling for December 12, 2017:
Continue hearing to March 14, 2018 at 11:00 a.m. Debtor should file updated
10:00 AM
status report by March 2, but could will waive that requirement if the debtor schedules a hearing on a sale motion concurrently with the continued case status conference.
Tentative Ruling for March 14, 2018:
Continue hearing to March 21, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of compromise with LA Conservancy.
APPEARANCES WAIVED ON MARCH 14, 2018.
Tentative Ruling for March 21, 2018:
Do debtors have any realistic prospect of being able to pay Keros the settlement payment by March 31, 2018? If so, how? Hearing required.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
10:00 AM
Docket 1
NONE LISTED -
"It's" means it is.
The possessive form of the word is "its" without an apostrophe.
Continue case status conference to April 5, 2018 at 10:00 a.m. to be heard concurrently with UST's motion to dismiss or convert.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens
10:00 AM
Docket 23
NONE LISTED -
Court set this matter for hearing as there were a number of problems with the debtor's motion that the Court wanted to discuss with the debtor:
Court needs more evidence concerning the fair market value of the property. Attaching information about comparable sales without an accompanying declaration describing what can be learned about the value of this property from these sales and why, how this property compares to the comparables, etc., is useless.
Debtor served the motion at the address reflected on the payoff statement, but this does not include the name of the person or even a company to whom or which the papers were addressed.
How much is the debtor claiming as a homestead exemption? The motion reflects that the debtor claims $150,000. The attachment to the order reflects that the debtor claims $140,000, and no homestead exemption was claimed on Schedule C. Schedule C must be amended to reflect the amount of the homestead exemption the debtor is claiming and the motion should use that figure consistently throughout.
The abstract of judgment should be attached, but isn't.
Debtor(s):
Jose Gutierrez Pro Se
10:00 AM
Trustee(s):
Alberta P Stahl (TR) Pro Se
11:00 AM
fr 7-11-13; 8/15/13, 8-22-13, 9-26-13, 10-23-13, 2-26-14, 6-4-14, 12-3-14, 6-10-
15, 12-9-15, 6-15-16, 12-14-16, 5-17-17, 6-7-17, 12-6-17
Docket 82
NONE LISTED -
Continue case status conference to December 3, 2014 at 11:00 a.m. Debtor should file with the Court status report that sets forth plan payments made through that date not later than November 21, 2014. APPEARANCES WAIVED ON JUNE 4, 2014.
Tentative Ruling for December 3, 2014:
Where is the required status report with evidence of the payments made? Hearing required.
Tentative Ruling for June 10, 2015:
Where is the required status report with evidence of the payments made? Hearing required.
Tentative Ruling for December 9, 2015:
Continue status conference for approximately 6 months. Set new deadline for filing status report and discuss form of status report with debtor.
Final Ruling for December 9, 2015:
Continue hearing to June 15, 2016 at 11:00 a.m. Reorganized debtor should
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file and serve updated status report not later than June 3, 2016.
Tentative Ruling for June 15, 2016:
Where is the status report that should have been filed by June 3, 2016?
Tentative Ruling for December 14, 2016:
Court ordered debtor to file updated status report by December 1. The only report the Court has seen is the Post-Confirmation Status Report for the quarter ending September 30, 2016, filed December 5, 2016. According to that report, the debtor made a total of $31,268.15 in disbursements during the third quarter. Is this right? Is the debtor now current on her plan payments? Hearing required.
Final Ruling for December 14, 2016:
Debtor is now in compliance and is current on her plan payments. Continue hearing to May 17, 2017 at 11:00 a.m. Reorganized debtor should file and serve an updated status report not later than May 5, 2017.
Tentative Ruling for May 17, 2017:
Where is the status report that should have been filed on May 5, 2017? What is the status of this case? Hearing required.
Tentative Ruling for June 7, 2017:
Court has reviewed reorganized debtor's status reports. Continue case status conference to December 6, 2017 at 11:00 a.m. Debtor should file and serve updated status report not later than November 29, 2017.
APPEARANCES WAIVED ON JUNE 7, 2017.
Tentative Ruling for December 6, 2017:
According to coversheet to status report, payments to BNY Mellon and
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Deutsche Bank on account of unsecured claims are being returned uncashed? Has debtor had any contact with creditors? Have they explained why this is occurring? Hearing required.
Final Ruling for December 6, 2018:
Continue case status conference to March 21, 2018 at 11:00 a.m. Reorganized debtor should file updated status report by March 9, 2018. UST should serve written notice on the debtor.
Tentative Ruling for March 21, 2018:
Docket does not reflect service of a notice or filing of an updated status report. What is the status of this matter? Hearing required.
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
11:00 AM
Docket 58
NONE LISTED -
Tentative Ruling for February 28, 2018:
Convert case to chapter 7 if sale motion is not on file by the time of the hearing.
Final Ruling for February 28, 2018:
Continue hearing to March 21, 2018 at 11:00 a.m. If sale motion is on file by then, court will continue the date of this hearing to the date of hearing on the sale motion.
Tentative Ruling for March 21, 2018:
Docket does not reflect the filing of a motion for approval of a sale. Convert case to chapter 7.
Debtor(s):
Raymond Gerald Paret Represented By Onyinye N Anyama
11:00 AM
Docket 1
NONE LISTED -
Set deadline for service of notice of bar date and bar date. Continue status conference for approximately 90 days.
Order authorizing employment of counsel has been signed. Has counsel filed a declaration of nonopposition to application to employ broker?
4/27/17 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- May 5, 2017
Bar date -- July 7, 2017
L/D to file updated status report -- July 21, 2017
Cont'd status conference -- August 2, 2017 at 11:00 a.m.
Tentative Ruling for August 2, 2017:
Court already set a bar date. Did debtor serve notice of the bar date in a timely manner? Court signed an order granting the debtor's application to employ a real estate broker on May 8, 2017. Has any progress been made toward obtaining approval of a sale? Is the property being marketed? If not, why not? Hearing required.
Tentative Ruling for November 8, 2017:
When will the debtor be filing a motion to approve sale, subject to overbid? Issue OSC re conversion or appointment of chapter 11 trustee and set
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hearing for date that can serve as date of hearing on motion for approval of sale.
Tentative Ruling for March 21, 2018:
Revisit status of case after conclusion of hearing on Order to Show Cause.
Debtor(s):
Raymond Gerald Paret Represented By Onyinye N Anyama
11:00 AM
$25,909,579.33
fr. 11-15-17, 11-29-17, 3-14-18
Docket 271
NONE LISTED -
10/18/17 -- At hearing held this date, Court continued hearing to November 29, 2017 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for November 29, 2017:
Court agrees with debtor that it did not waive its right to argue that default interest charges are unenforceable under applicable nonbankruptcy law. One cannot agree to pay an unenforceable penalty. None of the release cases cited by EWB are instances in which a debtor was held to have waived or released the right to argue that it should not be required to pay default interest because the obligation to pay that interest was an unenforceable penalty. (Perhaps it would be a different scenario if the debtor were paying off the lender and both sides were agreeing that the amount paid was payment in full and no further amounts would be sought or due in either direction and that agreement included 1542 waivers.) Court is not persuaded by EWB's laches, equitable estoppel or unclean hands arguments.
It is true that debtor bears the ultimate burden of proof in establishing that a liquidated damages provision (here, default interest) is unenforceable, but, absent discovery, a borrower will not have access to any discussions or actions that may have occurred on the lender's side of the transaction that led the lender to impose a particular default interest rate. And, if the lender's responses to discovery do not provide any evidence of prior or contemporaneous efforts on the part of the lender to arrive at a default interest rate that was intended to compensate for the actual anticipated
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damage that would result from a default, a borrower will have carried its burden of proof. See Cal. Bank & Trust v. Shilo Inn Seaside East, LLC, 2012
U.S. Dist. LEXIS 163134.
There is an additional legal issue here: whether, assuming the default interest provision would otherwise have been an unenforceable penalty under nonbankruptcy law, the debtor could waive that defense and render the penalty enforceable in exchange for the lender's forbearance and whether that in fact occurred here. A mere recital of what the lender claims as default interest in the forbearance agreement will not change the enforceability of a penalty provision. And, notably, here, the lender creates new potentially unenforceable penalty provisions in the forbearance agreement itself. In section 2(d) of the agreement, the lender agrees that, if the payments are made in accordance with the new schedule set forth in the forbearance agreement, the lender will forgive the default interest charges. So, once again, the question becomes whether these charges are being threatened/imposed as a penalty to coerce the debtor to perform in a timely manner (in which case they are unenforceable) or whether they represent a reasonable attempt to quantify the actual damages that lender will suffer in the event that payments are made late.
Here, the initial nondefault interest rate was 6.75 percent. The default interest rate increased that rate by 6 percent over the variable index rate. (This was in addition to a late charge equal to 6 percent of each delinquent payment.) Where did these numbers come from? Does this default interest rate represent a reasonable attempt by the lender to quantify its actual damages in the event of a default? Discovery is not yet complete, but does lender believe that it will locate additional relevant documents if discovery is permitted to continue?
Hearing required.
Final Ruling for November 29, 2017:
Continue hearing to March 14, 2018 at 11:00 a.m. Parties should file and serve supplewmental papers simultaneously not later than February 28, 2018. Any experts should be disclosed by January 17, 2018. Disclosure should
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include who the expert is, their contact information and a summary of their anticipated testimony. Hearing will not be an evidentiary hearing.
2/27/18 -- Court approved stipulation continuing hearings to March 21, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 14, 2018.
Tentative Ruling for March 21, 2018:
Under section 1671(b), a liquidated damages provision will be enforceable unless the party challenging that charge proves that the provision was unreasonable under the circumstances existing at the time the parties entered into the agreement. The debtor has argued that the default interest provision, increasing the interest rate by 5 percent, was unreasonable because it is enormous in comparison to the amount of the underlying obligation and is disproportional to any of the bank's anticipated losses, particularly in light of the fact that the bank imposed other fees and charges to account for/reimburse it for any actuallly anticipated damage, including late charges, attorneys' fees, expense reimbursements and exit fees. (Does the bank concede that the actual amount of the exit fees should be $600,000 and not $1.715 million?) The debtor argues further that the bank made no effort to estimate its actual damages and never thought of this as compensation for actual losses. The bank repeatedly referred to the default interest charges as "penalties" and viewed them as such, offering to waive them in forebearance agreements but never offering to waive its actual damages.
The bank's response is, in substance, the default interest rate is reasonable because we say so, because other banks were charging this default rate at the time too and because it is impossible to make any attempt to quantify actual damages. This cannot be sufficient to overcome the arguments advanced by the debtors. "Because we say so" and "everybody's doing it" have never been persuasive arguments. "We just gave up and pulled a number out of the air" isn't much better. The problem with this argument is that it can be used to justify any default interest rate whatsoever. Essentially, the bank's argument collapses down to this rate is reasonable because other lenders typically charge this amount or more.
Nevertheless, as reasonableness is an inherently factual issue, requiring the
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court to weigh the evidence offered by the parties, set evidentiary hearing on issue of reasonableness.
Court agrees that, to the extent that the debtor prevails in preventing the bank from charging default interest, the debtor will be the prevailing party in these claim objections, at least in part, and there will need to be an allocation of fees. The allowance of any attorneys' fees should be tabled until after the court resolves the merits of the default interest dispute and can determine which of the parties is the prevailing party.
Rulings on Evidentiary Objections:
EWB's Objections to Supplemental Galletly Declaration
Overrule. Declaration includes foundation (that declarant negotiated the loans -- see paragrah 20). This may be inconsistent with prior testimony given by declarant, in which case declarant can be impeached on that ground, but the inaccuracy of testimony or the fact that it contradicts other testimony does not make it inadmissible. (Court notes that EWB's own witness, Robert Lo, testifies at paragraph 12 that Galletly was significantly involved in negotiating the terms of the loan. Mr. Lo also testifies that he doesn't remember discussing or whether the parties discussed default interest prior to loan closing. So what is the issue here?)
Debtor's Objections to Declaration of Maita Prout
Sustain (relevance)
Sustain (relevance)
Sustain (relevance)
(Court agrees that Ms. Prout should have been disclosed as a witness earlier, but the matters on which she seeks to testify are irrelevant in any event.)
Debtor's Objections to EWB's Request for Judicial Notice
Sustain objections. EWB is asking the court to take judicial notice not merely of the filing of the documents attached to its RJN, but to the truth of the testimony contained in those declarations or proofs of claim -- that the attached documents are true and correct copies of what the declarant represents they are. Court should not take judicial notice of such matters.
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Debtor's Objections to Declaration of Miriam Galvan
Sustain. Strike Ms. Galvan's declaration. If EWB intended to rely on Ms. Galvan's testimony on the issue of the bank's need to increase its reserves when a loan becomes delinquent, she should have been produced as a witness in response to the deposition notices served."
Debtor's Objections to Declaration of Brian Procel
Overrule.
Overrule.
Overrule.
Overule.
Overrule.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
11:00 AM
$2,765,378.98
fr. 11-15-17, 11-29-17, 3-14-18
Docket 269
NONE LISTED -
10/18/17 -- At hearing held this date, Court continued hearing to November 29, 2017 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for November 29, 2017:
Rulings on EWB's Evidentiary Objections:
Sustain. Best Evidence Rule. (This is more in the nature of argument than testimony.)
Same as ruling no. 1.
Same as ruling no. 1.
Overrule.
Sustain.
6-9. Overrule.
See tentative ruling for matter no. 105 with regard to debtor's argument as to the enforceability of default interest. Here, nondefault rate was originally 5 percent over the variable index rate. Default rate increased that rate to 10 percent over the variable index rate.
With regard to claim for attorneys' fees, continue hearing to permit EWB to provide fee statements.
Court is confused with regard to the debtor's offset claim. If the debtor were able to establish that the BGM trustee overpaid because some portion of the
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amounts he paid were for unenforceable claims, how would/why should that result in a reduction in the amount that this debtor owes to EWB on account of some other claim? The BGM trustee has filed a proof of claim for reimbursement of the amounts that it paid EWB. If the trustee should not have paid a portion of these amounts because they were unenforceable, that should serve merely to reduce the amount that the trustee would otherwise be able to recover from this debtor.
2/27/18 -- Court approved stipulation continuing hearings to March 21, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 14, 2018.
Tentative Ruling for March 21, 2018: See tentative ruling for matter no. 103.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
11:00 AM
Docket 83
NONE LISTED -
Debtor purports to have a signed agreement for the sale of the property and represents that it will be filing a sale motion within the week. It is unclear why counsel could not have drafted the motion earlier so that it would have been ready to file as soon as the agreement was signed.
Continue the hearing on the OSC to March 28, 2018 at 10:30 a.m. Court will convert case to chapter 7 if debtor has not filed and served a sale motion by that date. OFF CALENDAR FOR MARCH 21, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Veronica Cazarez Represented By Martin J Brill Todd M Arnold Lindsey L Smith
11:00 AM
Docket 1
NONE LISTED -
6/20/17 -- Court signed order setting bar date of August 11, 2017 and directing debtor to file and serve bar date notice not later than June 27, 2017.
Tentative Ruling for July 12, 2017:
Does the debtor own an interest in her employer, Cyrene? Even if she succeeds in getting a lump sum payment from her employer in the near future that permits her to resolve her present financial crisis, according to the status report, she has received only sporadic income from her employer since 2012. Is there any reason to believe that her income from this employer is likely to become more regular in the near future? If not, how does the debtor hope to avoid the reoccurrence of financial problems after the case is dismissed or a plan is confirmed?
Hearing required.
7/14/17 -- Court signed order setting December 15, 2017 as the last day to file a plan and disclosure statement.
Tentative Ruling for October 18, 2017:
Court agrees that it is time for the debtor to sell her real property. If she fails to move forward promptly with a sale procedure, the court will convert the case. When does the debtor anticipate filing her application to employ a
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broker?
Final Ruling for October 18, 2017:
Continue status conference to January 31, 2018 at 2:00 p.m. Court will waive the requirement that debtor file an updated status report if it is having a hearing on a disclosure statement concurrently with the January 31, 2018 status conference. Otherwise, debtor should file and serve a status report by January 19, 2018.
Tentative Ruling for January 31, 2018:
No plan has been filed. Debtor disregarded court's direction to list property immediately rather than waiting until after the holiday season. Instead, debtor deferred listing property until January 18 and sought an extension of the deadline to file a plan. The court granted that motion in part and extended deadline for filing plan and disclosure statement to March 9, 2018.
According to the case status report, debtor still is not earning any income from her employment at Cyrene as the company has not yet closed a transaction. How is the debtor paying her living expenses? What other sources of cash does the debtor have? Who is paying her living expenses?
Why should this case remain in chapter 11 at all if debtor has no income. Property can just as easily be sold in chapter 7.
Hearing required.
Tentative Ruling for March 21, 2018:
Continue status conference to March 28, 2018 at 10:30 a.m. to be heard concurrently with continued hearing on order to show cause re conversion or dismissal.
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Debtor(s):
Veronica Cazarez Represented By Martin J Brill Todd M Arnold
10:30 AM
Docket 83
NONE LISTED -
Debtor purports to have a signed agreement for the sale of the property and represents that it will be filing a sale motion within the week. It is unclear why counsel could not have drafted the motion earlier so that it would have been ready to file as soon as the agreement was signed.
Continue the hearing on the OSC to March 28, 2018 at 10:30 a.m. Court will convert case to chapter 7 if debtor has not filed and served a sale motion by that date. OFF CALENDAR FOR MARCH 21, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for March 28, 2018:
Continue hearing to April 25, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of sale. OFF CALENDAR FOR MARCH 28, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Veronica Cazarez Represented By Martin J Brill Todd M Arnold Lindsey L Smith
10:30 AM
Docket 1
NONE LISTED -
6/20/17 -- Court signed order setting bar date of August 11, 2017 and directing debtor to file and serve bar date notice not later than June 27, 2017.
Tentative Ruling for July 12, 2017:
Does the debtor own an interest in her employer, Cyrene? Even if she succeeds in getting a lump sum payment from her employer in the near future that permits her to resolve her present financial crisis, according to the status report, she has received only sporadic income from her employer since 2012. Is there any reason to believe that her income from this employer is likely to become more regular in the near future? If not, how does the debtor hope to avoid the reoccurrence of financial problems after the case is dismissed or a plan is confirmed?
Hearing required.
7/14/17 -- Court signed order setting December 15, 2017 as the last day to file a plan and disclosure statement.
Tentative Ruling for October 18, 2017:
Court agrees that it is time for the debtor to sell her real property. If she fails to move forward promptly with a sale procedure, the court will convert the case. When does the debtor anticipate filing her application to employ a
10:30 AM
broker?
Final Ruling for October 18, 2017:
Continue status conference to January 31, 2018 at 2:00 p.m. Court will waive the requirement that debtor file an updated status report if it is having a hearing on a disclosure statement concurrently with the January 31, 2018 status conference. Otherwise, debtor should file and serve a status report by January 19, 2018.
Tentative Ruling for January 31, 2018:
No plan has been filed. Debtor disregarded court's direction to list property immediately rather than waiting until after the holiday season. Instead, debtor deferred listing property until January 18 and sought an extension of the deadline to file a plan. The court granted that motion in part and extended deadline for filing plan and disclosure statement to March 9, 2018.
According to the case status report, debtor still is not earning any income from her employment at Cyrene as the company has not yet closed a transaction. How is the debtor paying her living expenses? What other sources of cash does the debtor have? Who is paying her living expenses?
Why should this case remain in chapter 11 at all if debtor has no income. Property can just as easily be sold in chapter 7.
Hearing required.
Tentative Ruling for March 21, 2018:
Continue status conference to March 28, 2018 at 10:30 a.m. to be heard concurrently with continued hearing on order to show cause re conversion or dismissal.
Tentative Ruling for March 28, 2018:
10:30 AM
Continue hearing to April 25, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of sale. OFF CALENDAR FOR MARCH 28, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Veronica Cazarez Represented By Martin J Brill Todd M Arnold
10:00 AM
MOVANT: AMERICREDIT FINANCIAL SERVICES, INC. dba GM FINANCIAL
Docket 14
3/26/18 - Jennifer H. Wang, (714) 431-1018, has been approved for telephonic appearance on 4/3/2018 @ 10am
Deny request for relief under section 362(d)(2) due to existence of equity, but grant motion under section 362(d)(1) (without waiver of Rule 4001(a)(3)) as movant lacks adequate protection.
Debtor(s):
Shemesha Yevett Collins Represented By Brad Weil
Movant(s):
AmeriCredit Financial Services, Inc. Represented By
Jennifer H Wang
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: HSBC BANK USA, NA. fr. 3-6-18
Docket 10
3/29/18 - Nabeel Zuberi, (562) 983-5373, has been approved for telephonic appearance on 4/3/2018 @ 10am
Tentative Ruling for March 6, 2018:
Grant without waiver of Rule 4001(a)(3). (Court does not have sufficient evidence of a scheme to hinder, delay or defraud.)
Final Ruling for March 6, 2018:
Continue hearing to April 3, 2018 at 10:00 a.m. Movant should file and serve supplemental declaration not later than March 20, 2018 and serve notice of continuance that advises parties in interest that oppositions will be due March 30, 2018.
Tentative Ruling for April 3, 2018:
Where is supplemental declaration and notice of continuance? Deny motion as moot.
Debtor(s):
Tommy Hur Pro Se
Movant(s):
HSBC Bank USA, National Represented By
Armin M Kolenovic
10:00 AM
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: TD AUTO FINANCE, LLC.
Docket 7
3/26/18 - Jennifer H. Wang, (714) 431-1018, has been approved for telephonic appearance on 4/3/2018 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Maria Lourdes Cruz Represented By David R Chase
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: HONDA LEASE TRUST
Docket 7
3/27/18 - Vincent V. Frounjian, (818) 859-7511, has been approved for telephonic appearance on 4/3/18 @ 10am.
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Cindy Jo Kemper Represented By Heather J Canning
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: PLB MANAGEMENT, LLC. A CA LTD LIAB. CO.
Docket 12
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Bryanna Jenkins Pro Se
Movant(s):
PLB Management, LLC, A Ca Ltd. Represented By
Paul E Gold
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: REGENCY CENTERS, LP.
Docket 15
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Young Joon Kim Pro Se
Movant(s):
Regency centers, LP Represented By
Ernie Zachary Park
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: U.S. BANK, N.A. fr. 2-20-18
Docket 15
3/13/18 - Dane Exnowski, (562)661-5060, has been approved for telephonic appearance on 3/20/18 @ 10am.
Movant has now served notice of intent to proceed notwithstanding dismissal of case. Grant motion, including waiver of Rule 4001(a)(3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included the transfer of an interest in property without movant's consent.
Debtor(s):
Tommy Hur Pro Se
Movant(s):
U.S. Bank National Association, not Represented By
Dane W Exnowski
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: MALIPEP, LLC
Docket 9
NONE LISTED -
Grant without waiver of Rule 4001(a)(3) or other extraordinary relief.
Debtor(s):
Arnetta Taylor Pro Se
Movant(s):
Malipep, LLC Represented By
Edward L Felman
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:15-01241 SIEGEL, CHAPTER 7 TR v. The Weinstein Company LLC et al
fr. 4-26-16, 6-28-16, 9-27-16, 11-1-16, 2-7-17, 4-11-17, 7-11-17, 10-17-17, 1-30-
18
Docket 1
NONE LISTED -
What is the status of this matter? Are the parties on track to complete fact discovery by August 31, 2016? Set continued status conference. Vacate dates set by Judge Neiter for continued status conference and pretrial conference.
6/14/16 -- Court approved stipulation, but continued hearing to September 27, 2016 at 2:00 p.m. (rather than September 13). OFF CALENDAR FOR JUNE 28, 2016.
8/31/16 -- Court approved stipulation continuing status conference to November 1, 2016 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 27, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for November 1, 2016:
Revisit status of action after conclusion of hearings on related motions.
Tentative Ruling for February 7, 2017:
Continue status conference to April 11, 2017 at 2:00 p.m. to be heard
2:00 PM
concurrently with status conference in related action. APPEARANCES WAIVED ON FEBRUARY 7, 2017.
Tentative Ruling for April 11, 2017:
Continue this status conference to July 11, 2017 at 2:00 p.m. Joint status report will be due June 27, 2017. Appearances waived on April 11, 2017.
Tentative Ruling for July 11, 2017:
Set discovery cutoff for late June 2018. Continue status conference for approximately three months. Do the parties anticipate returning for an additional day of mediation? Hearing required.
7/14/17 -- Court signed scheduling order setting deadline for completion of fact discovery for June 29, 2018 and a continued status conference for October 17, 2017 at 2:00 p.m.
10/12/17 -- court approved stipulation continuing hearing to January 30, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 17, 2017.
Tentative Ruling for January 30, 2018:
At request of parties in status report, continue status conference to April 3, 2018 at 2:00 p.m. Paties should file joint status report two weeks prior to continued status conference. OFF CALENDAR FOR JANUARY 30, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for April 3, 2018:
The defendants are now in bankruptcy. How does the plaintiff intend to proceed now that this action is stayed?
Debtor(s):
Genius Products LLC Pro Se
2:00 PM
Defendant(s):
The Weinstein Company LLC Represented By Mette H Kurth Alan R Friedman
The Weinstein Company Holding Represented By
Mette H Kurth Alan R Friedman
Plaintiff(s):
ALFRED H SIEGEL, CHAPTER 7 Represented By
David B Shemano James P Menton JR
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman Alfred H Siegel (TR) Lindsey L Smith James P Menton JR David B Shemano
2:00 PM
Adv#: 2:15-01241 SIEGEL, CHAPTER 7 TR v. The Weinstein Company LLC et al
fr. 4-26-16, 6-28-16, 9-27-16, 11-1-16, 2-7-17, 4-11-17, 7-11-17, 10-17-17, 1-30-
18
Docket 1
NONE LISTED -
What is the status of this matter? Are the parties on track to complete fact discovery by August 31, 2016? Set continued status conference. Vacate dates set by Judge Neiter for continued status conference and pretrial conference.
6/14/16 -- Court approved stipulation, but continued hearing to September 27, 2016 at 2:00 p.m. (rather than September 13). OFF CALENDAR FOR JUNE 28, 2016.
8/31/16 -- Court approved stipulation continuing status conference to November 1, 2016 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 27, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for November 1, 2016:
Revisit status of action after conclusion of hearings on related motions.
Tentative Ruling for February 7, 2017:
2:00 PM
Continue status conference to April 11, 2017 at 2:00 p.m. to be heard concurrently with status conference in related action. APPEARANCES WAIVED ON FEBRUARY 7, 2017.
Tentative Ruling for April 11, 2017:
Continue this status conference to July 11, 2017 at 2:00 p.m. Joint status report will be due June 27, 2017. Appearances waived on April 11, 2017.
Tentative Ruling for July 11, 2017:
Set discovery cutoff for late June 2018. Continue status conference for approximately three months. Do the parties anticipate returning for an additional day of mediation? Hearing required.
7/14/17 -- Court signed scheduling order setting deadline for completion of fact discovery for June 29, 2018 and a continued status conference for October 17, 2017 at 2:00 p.m.
10/12/17 -- court approved stipulation continuing hearing to January 30, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 17, 2017.
Tentative Ruling for January 30, 2018:
At request of parties in status report, continue status conference to April 3, 2018 at 2:00 p.m. Paties should file joint status report two weeks prior to continued status conference. OFF CALENDAR FOR JANUARY 30, 2018. NO APPEARANCE REQUIRED.
OFF CALENDAR. DUPLICATE OF NUMBER 200.
Debtor(s):
Genius Products LLC Pro Se
Defendant(s):
The Weinstein Company LLC Represented By
2:00 PM
Mette H Kurth Alan R Friedman
The Weinstein Company Holding Represented By
Mette H Kurth Alan R Friedman
Plaintiff(s):
ALFRED H SIEGEL, CHAPTER 7 Represented By
David B Shemano James P Menton JR
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman Alfred H Siegel (TR) Lindsey L Smith James P Menton JR David B Shemano
2:00 PM
Adv#: 2:12-01805 Fox et al v. Kamen
fr. 8-21-12, 8-28-12, 1-31-13, 3-28-13, 5-28-13, 11-5-13, 5-27-14, 12-2-14, 5-5-
15, 11-3-15, 2-2-16, 5-24-16, 8-30-16, 10-18-16, 2-7-17, 4-25-17, 5-9-17, 6-27-
17, 7-6-17, 7-11-17, 10-5-17, 10-31-17, 1-30-18
Docket 1
4/2/18 - Han Pai, (213)622-9108, has been approved for telephonic appearance on 4/3/18 @ 2pm
11/27/12 -- Court approved stipulation continuing hearing to March 28, 2013 at 10:00 a.m. OFF CALENDAR FOR JANUARY 31, 2013.
2/1/13 -- Court approved stipulation continuing hearing to May 28, 2013 at 2:00 p.m. OFF CALENDAR FOR MARCH 28, 2013.
3/11/13 -- Court approved stipulation continuing hearing to November 5, 2013 at 2:00 p.m. OFF CALENDAR FOR MAY 28, 2013.
OFF CALENDAR. COURT SIGNED STIPULATION CONTINUING HEARING TO MAY 27, 2014 AT 2:00 P.M.
10/6/14 -- Court signed stipulation setting following dates: L/D to file amended complaint -- March 31, 2015
L/D to respond to amended complaint -- April 30, 2015 Cont'd status conference -- May 5, 2015 at 2:00 p.m.
2:00 PM
L/D to object to debtor's discharge -- March 31, 2015.
4/6/15 -- Court signed stipulation setting following dates: L/D to file amended complaint -- September 30, 2015
L/D to respond to amended complaint -- October 30, 2015 Cont'd status conference -- November 3, 2015 at 2:00 p.m. L/D to object to debtor's discharge -- September 30, 2015
OFF CALENDAR FOR MAY 5, 2015.
Tentative Ruling for February 2, 2016:
Revisit status of action after conclusion of hearing on motion for extension of time to file amended complaint.
Tentative Ruling for May 24, 2016:
Order parties to complete a day of mediation prior to date of continued status conference. Continue status conference approximately 90 days.
6/3/16 -- Court signed scheduling order setting following dates: Cont'd status conference -- August 30, 2016 at 2:00 p.m.
L/D to file joint status report -- August 16, 2016
L/D to lodge order appointing mediator -- June 20, 2016 L/D to complete mediation -- August 30, 2016.
8/5/16 -- Court approved order appointing mediator.
Tentative Ruling for August 30, 2016:
Where is the status report that should have been filed by August 16, 2016? Have the parties completed a day of mediation? Hearing required.
9/23/16 -- Court approved scheduling order setting following dates:
2:00 PM
Cont'd status conference -- October 18, 2016 at 2:00 L/D to file joint status report -- October 4, 2016
L/D to complete mediation extended to October 18, 2016
Tentative Ruling for October 18, 2016:
Parties have now completed mediation, which apparently was not successful. Have parties commenced discovery? Hearing required.
Final Ruling for October 18, 2016:
Continue hearing to February 7, 2017 at 2:00 p.m. Parties shall file joint status report not later than January 24, 2017.
Tentative Ruling for February 7, 2017:
Both parties report that there are motions that they intend to file. Set deadline
(s) for the filing of these motions and continue status conference to date that can be used for these hearings.
Tentative Ruling for April 25, 2017:
Joint status report due April 11 was filed on April 19, 2017. Court is confused by the discussion of Mel Kaftan in the status report. Are there possible criminal charges that might be filed against him? If not, even if he might have received preferential transfers, he has no right to refuse to testify if subpoenaed and cannot require the trustee to dismiss claims against him as a condition to his cooperation. What is the court missing?
Hearing required.
5/3/17 -- Court approved stipulation continuing hearing to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 27, 2017:
Where is the joint status report that should have been filed two weeks before
2:00 PM
the status conference? Hearing required.
6/26/17 -- Court approved stipulation continuing hearing to July 6, 2017 at 10:00 a.m. OFF CALENDAR FOR JUNE 27, 2017.
6/30/17 -- Court continued hearing to July 11, 2017 at 2:00 p.m. so that it may be heard concurrently with related matters. OFF CALENDAR FOR JULY 6, 2017. NO APPEARANCE REQUIRED.
Tentative Ruling for July 11, 2017:
Tentative ruling for June 27 remains unchanged.
9/22/17 -- Court continued hearing to October 31, 2017 at 2:00 p.m. so that it may be heard concurrently with related matters. OFF CALENDAR FOR OCTOBER 5, 2017. NO APPEARANCE REQUIRED.
Where is the joint status report that should have been filed two weeks prior to the status conference? What is the status of this matter? Hearing required.
Tentative Ruling for January 30, 2018:
At request of plaintiff for reasons set forth in joint status report, continue status conference to April 3, 2018 at 2:00 p.m. Parties should file joint status report two weeks prior to continued status conference. OFF CALENDAR FOR JANUARY 30, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for April 3, 2018:
Set discovery cutoff for approximately 90 to 120 days and continue status conference to approximately same time frame.
Debtor(s):
Michael Joel Kamen Represented By Leslie A Cohen Neal Salisian Richard H Lee
2:00 PM
Defendant(s):
Michael Joel Kamen Represented By Richard H Lee
Plaintiff(s):
Commerce Drive, LP Represented By Andy Kong James KT Hunter
Soledad Commons, LLC Represented By Andy Kong James KT Hunter
South City Wichita Partners, LLC Represented By
Andy Kong James KT Hunter
Larchmere Partners, LLC Represented By Andy Kong James KT Hunter
Garson Victory, LLC Represented By Andy Kong James KT Hunter
501 Grant Street Partners, LLC Represented By Andy Kong James KT Hunter
111 Sunset, LP Represented By Andy Kong James KT Hunter
Center City Tower, LP Represented By Andy Kong James KT Hunter
201 North Brand, LLC Represented By Andy Kong
2:00 PM
James KT Hunter
357 South Broadway, LLC Represented By Andy Kong James KT Hunter
1530 West Covina Parkway, LLC Represented By
Andy Kong James KT Hunter
Gerson & Gertrude Fox Family Represented By Andy Kong James KT Hunter
Gertrude Fox Represented By
Andy Kong James KT Hunter
Benjamin Nachimson
Gerson Fox Represented By
Andy Kong James KT Hunter
Benjamin Nachimson
Elissa D. Miller Represented By Ryan D ODea
Trustee(s):
Richard J Laski (TR) Represented By Jonathan M Weiss Sasha M Gurvitz
2:00 PM
Adv#: 2:16-01470 Alaska USA Federal Credit Union v. Jaso
fr. 1-3-17, 2-14-17, 6-6-17, 8-8-17, 8-22-17, 11-18-17, 2-27-18
Docket 1
6/7/17 - Another summons issued
7/14/17 - Request for entry of default entered
Tentative Ruling for November 28, 2017:
Why hasn't Ms. Richey been able to make contact with the defendant, Alex Jaso? What efforts has she made to contact him?
Hearing required.
Final Ruling for November 28, 2017:
Plaintiff's counsel reports that matter has been tentatively settled. Continue status conference to February 27, 2018 at 2:00 p.m.
Tentative Ruling for February 27, 2018:
What is the status of this matter? Has it been settled? Hearing required.
3/19/18 -- Court approved stipulation resolving action and entered judgment. OFF CALENDAR. NO APPEARANCE REQUIRED.
2:00 PM
Debtor(s):
Alex Jaso Pro Se
Defendant(s):
Alex Jaso Pro Se
Plaintiff(s):
Alaska USA Federal Credit Union Represented By
Melissa A Vermillion Cassandra J Richey Diana Torres-Brito
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01026 United States Trustee (LA) v. Abramyan
Docket 1
NONE LISTED -
3/9/18 -- Court entered a stipulated judgment in this action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Albrik Abramyan Represented By Eileen Keusseyan
Defendant(s):
Albrik Abramyan Pro Se
Plaintiff(s):
United States Trustee (LA) Represented By Kelly L Morrison
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:18-01023 Cunjak v. Garcia
Docket 1
NONE LISTED -
Set discovery cutoff for late July, 2018 and continue status conference to approximately same time frame.
Debtor(s):
Joseph Michael Garcia Represented By John Asuncion
Defendant(s):
Joseph Michael Garcia Represented By
Andrew Edward Smyth
Plaintiff(s):
Michael Cunjak Represented By Sanaz S Bereliani
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
Docket 94
NONE LISTED -
BRCA concedes that it is in possession of documents/records/files that formerly belonged to ORCB. A subpoena to the custodian of records for BRCA is therefore sufficient to access records that once belonged to ORCB. Trustee is correct that he holds the debtor's attorney/client privilege and is the successor to the debtor. A client is permitted to demand the turnover of its files. The trustee can do so with regard to/on behalf of the debtor. Moreover, under Bankruptcy Code section 542(e), the Court may order an attorney in possession of books, documents, records and papers relating to the debtor's property or financial affairs to turn them over to the trustee.
Grant the motion. BRCA must deliver to the trustee the same records, files, etc. that it would be required to turnover to the debtor if the debtor asked for its records and files outside of bankruptcy. No documents may be withheld on the ground of attorney/client privilege. If there are any documents that the firm believes may be withheld on work product grounds, firm will need to identify and describe those documents on a privilege log so that the court can determine whether it is appropriate for such documents to be withheld.
Sanctions should be imposed on BRCA to cover the fees and costs associated with the trustee's having to bring this motion. Set continued hearing to determine the amount of such fees.
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
2:00 PM
Defendant(s):
Ultra Chem Labs, Corp. Represented By Amid Bahadori
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By John P Kreis
Caroline Su Kyu Shieh Represented By John P Kreis
Christopher Shieh Represented By Joseph D Huser John P Kreis
Benjamin Shieh Represented By Joseph D Huser John P Kreis
Patricia Shieh Armijo Represented By Joseph D Huser John P Kreis
Cesar Fernando Castro Represented By Joseph D Huser John P Kreis
Movant(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By
2:00 PM
Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
Docket 84
3/30/18 - Kirsten Worley, (619)550-1004, has been approved for telephonic appearance on 4/3/18 @ 2pm.
When the parties agreed to consolidate all remaining issues into a single adversary proceeding, was there a stipulation that memorialized their agreements concerning this process? Does the trustee have any authority for the proposition that, in a fact pattern such as this, a later adversary proceeding can relate back to an earlier proceeding between the parties asserting the same theories? Hearing required.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth
Alexandre Oh Represented By
Andrew Edward Smyth
2:00 PM
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
Andrew Edward Smyth
Movant(s):
Benjamin Hooshim Represented By
Andrew Edward Smyth
Alexandre Oh Represented By
Andrew Edward Smyth
Chonghee Jane Kim Represented By
Andrew Edward Smyth
Plaintiff(s):
Edward M Wolkowitz Represented By Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
fr. 7-25-17, 11-14-17, 11-28-17, 1-9-18
Docket 1
6/27/17 - Request for entry of default against Julie Taberdo 6/27/17 - Request for entry of default against Lynn Wolcott
6/27/17 - Request for entry of default against TD Foreclosure Services, Inc.
3/30/18 - Kirsten Worley, (619)550-1004, has been approved for telephonic appearance on 4/3/18 @ 2pm.
Defaults have been entered as against Lynn Wolcott, Julie Taberdo and TD Foreclosure Services.
The trustee is of the opinion that there are legal issues that can be resolved through a motion for partial summary adjudication. Set deadline for the filing of such motions and continue status conference to a date that can serve as a date for hearing on those motions.
2:00 PM
9/20/17 -- Court approved scheduling order continuing status conference to November 14, 2017 at 2:00 p.m., ordering parties to file a joint status report not later than Octoer 31, 2017, ordering trustee to file and serve his motion for partial summary judgment against GB Inland Properties not later than September 26, 2017 and set it for hearing on November 14, 2017 at 2:00
p.m. and directing that any motion to vacate a default be filed not later than September 26, 2017 and set for hearing on or before November 14, 2017 at 2:00 p.m.
Tentative Ruling for November 14, 2017:
Why didn't the trustee comply with the court's directive to file his motion for partial summary judgment in time to have it heard on November 14, 2017? That motion is currently set for November 28, 2017.
Revisit status of action after conclusion of related matter on calendar. Tentative Ruling for November 28, 2017:
Revisit status of action after conclusion of related matter on calendar.
Tentative Ruling for January 9, 2018:
Set deadline for filing amended complaint and deadline for filing response to complaint.
Tentative Ruling for April 3, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
2:00 PM
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth
Alexandre Oh Represented By
Andrew Edward Smyth
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
Andrew Edward Smyth
Plaintiff(s):
Edward M Wolkowitz Represented By Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
2:00 PM
Adv#: 2:16-01325 Cha v. Chun
Docket 49
NONE LISTED -
Defendant has not responded to OSC. Strike defendant's answer and permit plaintiff to proceed by way of default.
Debtor(s):
Eugene B Chun Represented By
Raj T Wadhwani
Defendant(s):
Eugene B Chun Pro Se
Plaintiff(s):
Byeong In Cha Represented By William W Kim
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:16-01325 Cha v. Chun
FR. 9-27-16, 11-1-16, 3-28-17, 7-25-17, 11-28-17, 2-27-18
Docket 1
NONE LISTED -
9/23/16 -- Court approved stipulation continuing status conference to November 1, 2016 at 2:00 pm. OFF CALENDAR FOR SEPTEMBER 27,
2016.
Tentative Ruling for November 1, 2016:
Impose sanctions of $150 each on counsel for the parties for failing to file joint status report in a timely manner. Set discovery cutoff for late March, 2017. Why don't the parties want this matter sent to mediation? Hearing required.
11/3/16 -- Court signed scheduling order setting following dates: Cont'd status conference -- March 28, 2017 at 2:00 p.m.
Discovery cutoff -- March 31, 2017
L/D to file joint status report -- March 14, 2017
Tentative Ruling for March 28, 2017:
The Court set a discovery cutoff of March 31, 2017. Apparently, the parties will not have completed their discovery by then. Are the parties jointly
2:00 PM
requesting an extension of the discovery cutoff? Why doesn't the plaintiff want this matter sent to mediation? Hearing required.
3/20/17 -- Court approved scheduling order with following dates: Cont'd status conference -- 7/25/17 at 2:00 p.m.
L/D to file joint status report -- 7/11/17
L/D to complete discovery -- August 1, 2017 L/D to complete mediation -- 7/25/17
L/D to lodge order appointing mediators -- 4/21/17
Tentative Ruling for July 25, 2017:
Are the parties on track to complete discovery by August 1? Do the parties anticipate any pretrial motions?
Set pretrial conference and deadline for lodging joint pretrial order. Order parties to complete a day of mediation prior to date of continued status conference.
7/26/17 -- Court approved scheduling order with following dates: Cont'd status conference -- 11/28/17 at 2:00 p.m.
L/D to file joint status report -- 11/14/17 L/D to file pretrial motions -- 10/31/17
L/D to have pretrial motions heard -- 11/28/17 L/D to complete discovery -- 09/30/17
L/D to lodge order appointing mediators -- 08/18/17 L/D to conduct mediation -- 11/27/17
8/22/17 -- Court approved order appointing mediators.
10/2/17 -- Court approved stipulation extending discovery cutoff to October 31, 2017.
Tentative Ruling for November 28, 2017:
2:00 PM
Where is the status report that should have been filed two weeks before the status conference? What is the status of this matter? Hearing required.
12/5/17 -- Court signed scheduling order with following dates: Cont'd status conference -- February 27, 2018 at 2:00 p.m.
Cont'd deadline to complete mediation -- February 27, 2018
Defendant shall make himself available for mediation in January or will be subject to sanction. Plaintiff shall contact defendant and mediator to arrange for mediation in January. If defendant is unable to attend status conference in person, he should make arrangements to appear by telephone at the continued status conference.
Tentative Ruling for February 27, 2018:
Did parties attend mediation as scheduled on February 22, 2018? Hearing required.
Tentative Ruling for April 3, 2018:
If court strikes defendant's answer, continue status conference to date that can serve as date of hearing on motion for default judgment.
Debtor(s):
Eugene B Chun Represented By
Raj T Wadhwani
Defendant(s):
Eugene B Chun Pro Se
Plaintiff(s):
Byeong In Cha Represented By William W Kim
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
Docket 50
NONE LISTED -
[Tentative Ruling Withheld]
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Tentative Ruling for April 3, 2018:
What, if any, progress has been made with regard to settlements? Are the parties ready to proceed to hearing on this motion?
4/2/18 -- Court approved stipulation continuing hearing to May 8, 2018 at 2:00
p.m. OFF CALENDAR FOR APRIL 3, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb
2:00 PM
Movant(s):
Kyra E Andrassy Autumn D Spaeth ESQ Robert S Marticello
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
fr. 8-1-17, 8-29-17, 10-3-17, 3-6-18, 3-20-18
Docket 1
NONE LISTED -
6/26/17 -- Court approved stipulation continuing defendant's response date to August 4, 2017 and continuing status conference to August 29, 2017 at 2:00
p.m. OFF CALENDAR FOR AUGUST 1, 2017.
8/22/17 -- Court approved stipulation continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 29, 2017.
Tentative Ruling for January 30, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Tentative Ruling for April 3, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss. 4/2/18 -- Court approved stipulation continuing hearing to May 8, 2018 at 2:00
p.m. OFF CALENDAR FOR APRIL 3, 2018. NO APPEARANCE REQUIRED.
2:00 PM
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
10:00 AM
Docket 7
NONE LISTED -
Vacate OSC as moot. Case has already been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Claudia Ann Fisher Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 8
NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
(Court continued hearing because debtor was behind on payments.)
Debtor(s):
Benigno Belarmino Orellana Jr. Represented By Omar Zambrano
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 9
NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Linda S. Lopez Represented By Jennifer Ann Aragon
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 143
3/29/18 Sonia Singh, (310)277-0077, has been approved for telephonic appearance on 4/4/18 @ 10am
4/3/18 - Jeff Kahan, (213)689=7431, has been approved for telephonic appearance on 4/4/18 @ 10am
Court needs more explanation concerning the nature of the allegations and the possible defenses. Hearing required.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
10:00 AM
Adv#: 2:17-01270 Royal Business Bank, a California banking corporat v. Tsai
Docket 9
NONE LISTED -
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
George Tsai Represented By
Sam X J Wu
Defendant(s):
George Tsai Represented By
Sam X J Wu
Plaintiff(s):
Royal Business Bank, a California Represented By
Eva Wong Yuriko M Shikai
Trustee(s):
David A Gill (TR) Pro Se
10:00 AM
Approve Sale Of Real Property Commonly Known As 5125 Harold Way # 108, Los Angeles, California Free And Clear Of Liens And Claims,
Authorize Payment Of Real Estate Brokers Commissions
Docket 33
NONE LISTED -
What is the $9,200 credit through escrow? Is that a deposit paid by the buyers? Hearing required.
Debtor(s):
Sung Hee Ryoo Represented By Raymond J Seo
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
10:00 AM
Docket 9
NONE LISTED -
Although the language of section 706 makes it appear that a debtor has the right to convert a chapter 7 case to a chapter 11 case at any time (unless the case began as a chapter 11 case and had already been converted), the reasoning of the Marrama case makes clear that the court need not grant a request to convert when the debtor has engaged in bad faith conduct prepetition.
The debtor has admitted under oath sufficient facts to make it crystal clear that the debtor's principal cannot be permitted to serve as a fiduciary for the benefit of creditors in this case. Therefore, if there is an operating business here and the debtor indeed wants to convert to chapter 11, the court will only grant the motion if debtor consents to the immediate appointment of a chapter 11 trustee as a condition to conversion.
Debtor(s):
Colima BBQ, Inc Represented By Jaenam J Coe
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 14
NONE LISTED -
Although the language of section 706 makes it appear that a debtor has the right to convert a chapter 7 case to a chapter 11 case at any time (unless the case began as a chapter 11 case and had already been converted), the reasoning of the Marrama case makes clear that the court need not grant a request to convert when the debtor has engaged in bad faith conduct prepetition.
The debtor has admitted under oath sufficient facts to make it crystal clear that he cannot be permitted to serve as a fiduciary for the benefit of creditors in this case. Therefore, if there is any meaningful prospect of a reorganization and the debtor indeed wants to convert to chapter 11, the court will only grant the motion if debtor consents to the immediate appointment of a chapter 11 trustee as a condition to conversion.
Debtor(s):
Young Keun Park Represented By Rosendo Gonzalez
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 25
NONE LISTED -
Court is not in a position to assess whether or not the debtor could obtain an impaired consenting class or whether the debtor's schedules are indeed accurate as to the nature and extent of the assets and liabilities of the debtor's business.
Grant alternative relief requested -- appoint chapter 11 trusteee. Trustee can evaluate whether or not there is a business to reorganize and, if not, can reconvert the case to chapter 7.
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
10:00 AM
Docket 40
NONE LISTED -
Court is not in a position to assess whether or not the debtor could obtain an impaired consenting class or whether the debtor's schedules are indeed accurate as to the nature and extent of the assets and liabilities of the debtor's business.
Grant alternative relief requested -- appoint chapter 11 trusteee. Trustee can evaluate whether or not there is a business to reorganize and, if not, can reconvert the case to chapter 7.
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
10:00 AM
Docket 10
NONE LISTED -
Applicant no longer represents the principal of the corporate detors. Court does not have enough information to assess whether representation of the three corporate debtors simultaneously would give rise to a conflict or not. Court agrees that inadequate disclosures were made. Even if counsel had not previously represented any of the debtors, how could counsel possibly fail to realize that he needed to disclose his proposed simultaneous representation of the three debtors?
Hearing required.
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
10:00 AM
Docket 31
NONE LISTED -
Applicant no longer represents the principal of the corporate detors. Court does not have enough information to assess whether representation of the three corporate debtors simultaneously would give rise to a conflict or not. Court agrees that inadequate disclosures were made. Even if counsel had not previously represented any of the debtors, how could counsel possibly fail to realize that he needed to disclose his proposed simultaneous representation of the three debtors?
Hearing required.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
10:00 AM
Docket 12
NONE LISTED -
Applicant no longer represents the principal of the corporate detors. Court does not have enough information to assess whether representation of the three corporate debtors simultaneously would give rise to a conflict or not. Court agrees that inadequate disclosures were made. Even if counsel had not previously represented any of the debtors, how could counsel possibly fail to realize that he needed to disclose his proposed simultaneous representation of the three debtors?
Hearing required.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
10:00 AM
Docket 27
NONE LISTED -
Motion has not been opposed. Grant motion, valuing property at $525,000 based on appraisal provided. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle J Lindsey
10:00 AM
Salesforce.com, Inc. and Yahoo!, Inc. Only - Claim Nos. 242, 272 and 292 by Stipulation/Order:
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
136 H & D Accessories
10:00 AM
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
205 Rehab
10:00 AM
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
4/4/18 - Kevin Meek, (310)229-5407, has been approved for telephonic appearance on 4/4/18 @ 10am
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
10:00 AM
no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
4/2/18 -- Court approved stipulation to continuing hearing on objection to claim no. 242 to April 25, 2018 at 10:00 a.m.
AS ALL PENDING OBJECTIONS HAVE NOW BEEN RESOLVED OR CONTINUED, OFF CALENDAR FOR APRIL 4, 2018.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
136 H & D Accessories
114 Hera Collection, Inc.
10:00 AM
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
205 Rehab
135 Sage Clothing (Seventh Day)
10:00 AM
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
4/4/18 - Kevin Meek, (310)229-5407, has been approved for telephonic appearance on 4/4/18 @ 10am
1/19/18 -- Court approved stipulation continuing hearing on objection to claim no. 277 to April 4, 2018 at 10:00 a.m.
10:00 AM
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
2/6/18 -- Court approved stipulated form of order resolving objection to claim no. 6.
3/23/18 -- Court approved stipulation continuing hearing on objectio to claim no. 219 to April 25, 2018 at 10:00 a.m.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 1-31-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
136 H & D Accessories
10:00 AM
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
205 Rehab
10:00 AM
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
4/4/18 - Kevin Meek, (310)229-5407, has been approved for telephonic appearance on 4/4/18 @ 10am
10:00 AM
1/19/18 -- Court approved stipulation continuing hearing on objection to claim no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 1-31-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
136 H & D Accessories
10:00 AM
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
205 Rehab
10:00 AM
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
4/4/18 - Kevin Meek, (310)229-5407, has been approved for telephonic appearance on 4/4/18 @ 10am
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
10:00 AM
no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 1-31-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
136 H & D Accessories
10:00 AM
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
205 Rehab
10:00 AM
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
4/4/18 - Kevin Meek, (310)229-5407, has been approved for telephonic appearance on 4/4/18 @ 10am
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
10:00 AM
no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
3/23/18 -- Court approved stipulation continuing hearing on objectio to claim no. 148 to April 25, 2018 at 10:00 a.m.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 1-31-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
136 H & D Accessories
10:00 AM
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
205 Rehab
10:00 AM
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
4/4/18 - Kevin Meek, (310)229-5407, has been approved for telephonic appearance on 4/4/18 @ 10am
10:00 AM
1/19/18 -- Court approved stipulation continuing hearing on objection to claim no. 277 to April 4, 2018 at 10:00 a.m.
OFF CALENDAR. WITHDRAWAL OF OBJECTION FILED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
- Claim no. 6; Shanghai Shenda Imp & Exp - Claim no. 184 and Shanghai Silk Group Co., Ltd - Claim no. 185 ONLY from hearing held on 1/31/18:
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
136 H & D Accessories
10:00 AM
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC. - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC. - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
205 Rehab
10:00 AM
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
4/4/18 - Kevin Meek, (310)229-5407, has been approved for telephonic appearance on 4/4/18 @ 10am
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
10:00 AM
no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/29/18 -- Movant has withdrawn objections to claim nos. 2, 335 and 123. Tentative Ruling for January 31, 2018:
Has debtor explored whether there are any affirmative defenses available to the holders of these claims? Are any of these ordinary course payments?
Are there any new value defenses? Has anyone made demand on any of these parties to return the allegedly preferential transfers? Does the debtor intend to pursue any of these transfers? If not, why not?
Hearing required.
Tentative Ruling for April 4, 2018:
What is the status of the reorganized debtor's objections to claim nos. 184 and 185? Have all other objections been resolved? Hearing required.
4/3/18 -- Court approved stipulation continuing hearings on objections to claims 184 and 185 to April 25, 2018 at 10:00 a.m. OFF CALENDAR FOR
APRIL 4, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball
10:00 AM
Movant(s):
David B Shemano
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 12-20-17, 1-31-18
Docket 947
4/4/18 - Kevin Meek, (310)229-5407, has been approved for telephonic appearance on 4/4/18 @ 10am
12/18/17 -- Court approved stipulation continuing hearing to January 31, 2018 at 10:00 a.m. OFF CALENDAR FOR DECEMBER 20, 2017. NO APPEARANCE REQUIRED.
1/17/18 -- Court approved stipulation continuing hearing to APRIL 4, 2018 at 10:00 a.m. OFF CALENDAR FOR JANUARY 31, 2018. NO APPEARANCE REQUIRED.
3/29/18 -- Court approved order resolving objection. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
10:00 AM
Kevin Meek
10:00 AM
Claim No. Claimant:
160 Alliance Apparel Group, Inc.
255 Amber Grapentin
289 Andersen Teax, LLC.
31 Cape Robbin
140 Chambong Industries, LLC.
223 Conetempo Card Company, Inc.
275 Dina Benmoshe
274 Farfetch.com US, LLC.
181 Luv AJ, LLC.
248 Lyst Limited
321 National Union Fire Insurance Company of Pittsburgh
343 Odilza Vital
349 Printfresh, LLC. dba PF Vintage
224 Reward Style, Inc.
292 Salesforce.com, Inc.
201 Shine Papers
10:00 AM
71 So It Goes The Label
310 State Board of Equalization of California
318 Steps Apparel Group, Inc.
134 T&S Clothing, LC
176 The Book Cellar
261 Thrive Capital Partners, II, L.P.
155 Venroy Australia, LLC.
272 Yahoo!
202 American Express Travel Related Services Company, Inc.
156 Arzz International, Inc. dba Schultz
30 Bagatelle International, Inc.
304 Bestseller Wholesale US, LLC.
253 B-Low The Belt
323 EKSD, Inc.
333 Envista, LLC.
158 Florii, Inc. dba ICCO
147 House of Zhivago PTY, LTD.
65 JC Trimming Company, Inc.
10:00 AM
267 Les Modes How Intl.
166 Love + Harmony, Inc.
38 Loveriche
319 Lucy Paris
133 Lux Los Angeles
193 Nesco Resource, LLC.
279 New Merit Apparel, Inc.
334 Nouveau Fabrics, Inc.
265 Premier Packaging, LLC.
63 Rustin and Mallory Wholesale LTD.
175 Scotch & Soda Export B.V.
105 Shoeboos LTD.
157 Six Crisp Days, Inc.
219 Systems Integration Specialists, Inc.
73 The Line-6ix, Inc.
90 Urge Footwear
10 Western Fashion, Inc.
10:00 AM
Docket 964
4/4/18 - Kevin Meek, (310)229-5407, has been approved for telephonic appearance on 4/4/18 @ 10am
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 193, 202 and 219 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
OFF CALENDAR. REMAINING OBJECTIONS WITHDRAWN.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
#23.00 Liquidating Trustee's Omnibus Objection to Claims for Salesforce.com, Inc. - Claim no. 292; Thrive Capital Partners, II, LP - Claim no. 261; Yahoo! - Claim no. 272 and House of Zhivago PTY, Ltd - Claim no. 147 ONLY from hearing held on 1/31/18:
fr. 1-31-18
Claim No. Claimant:
160 Alliance Apparel Group, Inc.
255 Amber Grapentin
289 Andersen Tax, LLC. - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
31 Cape Robbin
140 Chambong Industries, LLC.
223 Conetempo Card Company, Inc.
275 Dina Benmoshe
274 Farfetch.com US, LLC.
181 Luv AJ, LLC.
248 Lyst Limited
321 National Union Fire Insurance Company of Pittsburgh
343 Odilza Vital
349 Printfresh, LLC. dba PF Vintage
10:00 AM
224 Reward Style, Inc.
292 Salesforce.com, Inc.
201 Shine Papers
71 So It Goes The Label
310 State Board of Equalization of California
318 Steps Apparel Group, Inc.
134 T&S Clothing, LC
176 The Book Cellar
261 Thrive Capital Partners, II, L.P.
155 Venroy Australia, LLC.
272 Yahoo!
202 American Express Travel Related Services Company, Inc
156 Arzz International, Inc. dba Schultz
30 Bagatelle International, Inc.
304 Bestseller Wholesale US, LLC.
253 B-Low The Belt
323 EKSD, Inc.
333 Envista, LLC.
158 Florii, Inc. dba ICCO
10:00 AM
147 House of Zhivago PTY, LTD.
65 JC Trimming Company, Inc.
267 Les Modes How Intl.
166 Love + Harmony, Inc.
38 Loveriche
319 Lucy Paris
133 Lux Los Angeles
193 Nesco Resource, LLC.
279 New Merit Apparel, Inc.
334 Nouveau Fabrics, Inc.
265 Premier Packaging, LLC.
63 Rustin and Mallory Wholesale LTD.
175 Scotch & Soda Export B.V.
105 Shoeboos LTD.
157 Six Crisp Days, Inc.
219 Systems Integration Specialists, Inc.
73 The Line-6ix, Inc.
90 Urge Footwear
10:00 AM
10 Western Fashion, Inc.
Docket 964
4/4/18 - Kevin Meek, (310)229-5407, has been approved for telephonic appearance on 4/4/18 @ 10am
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 193, 202 and 219 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claim no. 319 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/29/18 -- Objections to claims 289 has been withdrawn. Tentative Ruling for January 31, 2018:
Claimant agrees that "claim" no. 261 is a proof of interest. Continue hearing on the objection to this claim for parties to agree upon form of order on objection.
Sustain objections to, and disallow, the following claims in their entirety: Claim nos:
160
255
10:00 AM
289
31
140
223
275
274
181
248
321
343
349
224
292
201
71
310
318
134
176
155
272
Sustain objections to, and disallow, the claims on Exhibit B to proposed order to the extent that they exceed the amounts set forth on Exhibit B, except for claim nos. 202, 147, 319, 193 and 219.
4/2/18 -- Court approved stipulation continuing hearings on objections to claim nos. 272 and 292 to April 25, 2018 at 10:00 a.m.
Tentative Ruling for April 4, 2018:
What is the status of the reorganized debtor's objections to claim nos. 261 and 147? Have all other objections been resolved? Hearing required.
10:00 AM
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 1-31-18
Claim No. Claimant:
160 Alliance Apparel Group, Inc.
255 Amber Grapentin
289 Andersen Tax, LLC.
31 Cape Robbin
140 Chambong Industries, LLC.
223 Conetempo Card Company, Inc.
275 Dina Benmoshe
274 Farfetch.com US, LLC.
181 Luv AJ, LLC.
248 Lyst Limited
321 National Union Fire Insurance Company of Pittsburgh
343 Odilza Vital
349 Printfresh, LLC. dba PF Vintage
224 Reward Style, Inc.
292 Salesforce.com, Inc.
10:00 AM
201 Shine Papers
71 So It Goes The Label
310 State Board of Equalization of California
318 Steps Apparel Group, Inc.
134 T&S Clothing, LC
176 The Book Cellar
261 Thrive Capital Partners, II, L.P.
155 Venroy Australia, LLC.
272 Yahoo!
202 American Express Travel Related Services Company, Inc.
156 Arzz International, Inc. dba Schultz
30 Bagatelle International, Inc.
304 Bestseller Wholesale US, LLC.
253 B-Low The Belt
323 EKSD, Inc.
333 Envista, LLC.
158 Florii, Inc. dba ICCO
147 House of Zhivago PTY, LTD.
10:00 AM
65 JC Trimming Company, Inc.
267 Les Modes How Intl.
166 Love + Harmony, Inc.
38 Loveriche
319 Lucy Paris
133 Lux Los Angeles
193 Nesco Resource, LLC.
279 New Merit Apparel, Inc.
334 Nouveau Fabrics, Inc.
265 Premier Packaging, LLC.
63 Rustin and Mallory Wholesale LTD.
175 Scotch & Soda Export B.V.
105 Shoeboos LTD.
157 Six Crisp Days, Inc.
219 Systems Integration Specialists, Inc.
73 The Line-6ix, Inc.
90 Urge Footwear
10 Western Fashion, Inc.
10:00 AM
Docket 964
4/4/18 - Kevin Meek, (310)229-5407, has been approved for telephonic appearance on 4/4/18 @ 10am
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 193, 202 and 219 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claim no. 319 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/29/18 -- Objections to claims 289 has been withdrawn. Tentative Ruling for January 31, 2018:
Claimant agrees that "claim" no. 261 is a proof of interest. Continue hearing on the objection to this claim for parties to agree upon form of order on objection.
Sustain objections to, and disallow, the following claims in their entirety: Claim nos:
160
255
10:00 AM
289
31
140
223
275
274
181
248
321
343
349
224
292
201
71
310
318
134
176
155
272
Sustain objections to, and disallow, the claims on Exhibit B to proposed order to the extent that they exceed the amounts set forth on Exhibit B, except for claim nos. 202, 147, 319, 193 and 219.
2/6/18 -- Court approved stipulated form of order resolving objection to claim no. 261 (Thrive Capital Partners).
3/13/18 -- Court approved stipulation resolving objection to claim no. 318. Have all other objections been resolved?
10:00 AM
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 1-31-18
Claim No. Claimant:
160 Alliance Apparel Group, Inc.
255 Amber Grapentin
289 Andersen Teax, LLC.
31 Cape Robbin
140 Chambong Industries, LLC.
223 Conetempo Card Company, Inc.
275 Dina Benmoshe
274 Farfetch.com US, LLC.
181 Luv AJ, LLC.
248 Lyst Limited
321 National Union Fire Insurance Company of Pittsburgh
343 Odilza Vital
349 Printfresh, LLC. dba PF Vintage
224 Reward Style, Inc.
292 Salesforce.com, Inc.
10:00 AM
201 Shine Papers
71 So It Goes The Label
310 State Board of Equalization of California
318 Steps Apparel Group, Inc.
134 T&S Clothing, LC
176 The Book Cellar
261 Thrive Capital Partners, II, L.P.
155 Venroy Australia, LLC.
272 Yahoo!
202 American Express Travel Related Services Company, Inc.
156 Arzz International, Inc. dba Schultz
30 Bagatelle International, Inc.
304 Bestseller Wholesale US, LLC.
253 B-Low The Belt
323 EKSD, Inc.
333 Envista, LLC.
158 Florii, Inc. dba ICCO
147 House of Zhivago PTY, LTD.
10:00 AM
65 JC Trimming Company, Inc.
267 Les Modes How Intl.
166 Love + Harmony, Inc.
38 Loveriche
319 Lucy Paris
133 Lux Los Angeles
193 Nesco Resource, LLC.
279 New Merit Apparel, Inc.
334 Nouveau Fabrics, Inc.
265 Premier Packaging, LLC.
63 Rustin and Mallory Wholesale LTD.
175 Scotch & Soda Export B.V.
105 Shoeboos LTD.
157 Six Crisp Days, Inc.
219 Systems Integration Specialists, Inc.
73 The Line-6ix, Inc.
90 Urge Footwear
10 Western Fashion, Inc.
10:00 AM
Docket 964
4/4/18 - Kevin Meek, (310)229-5407, has been approved for telephonic appearance on 4/4/18 @ 10am
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 193, 202 and 219 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claim no. 319 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
BALANCE OF OBJECTIONS WITHDRAWN. OFF CALENDAR.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
10:00 AM
Kevin Meek
2:00 PM
Docket 43
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Bijan Sani Represented By
Sanaz S Bereliani
Trustee(s):
Howard M Ehrenberg (TR) Represented By Sanaz S Bereliani
2:00 PM
Docket 279
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Sanoho Development, LLC Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Robert M Aronson
2:00 PM
Docket 175
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Soames Lane Trust Represented By Stuart J Wald
Trustee(s):
Rosendo Gonzalez (TR) Represented By Carmela Pagay
---- Levene Neale Bender
2:00 PM
Docket 44
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Manfredis Melendez Represented By Randy Alexander
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Docket 64
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Michael Andrew Yi Represented By Timothy McFarlin
Joint Debtor(s):
Petra Sara Yi Represented By
Timothy McFarlin
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
------ Menchaca & Company
10:00 AM
fr. 3-14-18
Docket 17
- NONE LISTED -
Tentative Ruling for March 14, 2018:
Set hard deadline for the debtor to supply all missing information and documentation to the UST. Continue hearing to see whether debtor complies.
Final Ruling for March 14, 2018:
Continue hearing to April 5, 2018 at 10:00 a.m. Debtor agreed to provide whatever documents exist relating to loan within two weeks.
Tentative Ruling for April 5, 2018:
How much progress has debtor made with compliance issues? Hearing required.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle J Lindsey
Movant(s):
10:00 AM
United States Trustee (LA) Represented By Kenneth G Lau
10:00 AM
Docket 20
- NONE LISTED -
How is the debtor doing with compliance issues at this point? Hearing required.
(Ascentium's "joinder" raises new issues. Motion was brought based on compliance issues. If Ascentium would like court to dismiss case for any reason other than the DIP's failure to comply with UST Guidelines, it will need to bring its own motion to dismiss.)
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens
10:00 AM
Docket 1
- NONE LISTED -
"It's" means it is.
The possessive form of the word is "its" without an apostrophe.
Continue case status conference to April 5, 2018 at 10:00 a.m. to be heard concurrently with UST's motion to dismiss or convert.
Tentative Ruling for April 5, 2018:
Revisit status of case after conclusion of hearing on motion to dismiss.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens
10:00 AM
Docket 31
- NONE LISTED -
See tentative ruling for matter no. 4.
Debtor(s):
James Paul Lee III Represented By Julie J Villalobos
10:00 AM
fr. 3-14-18
Docket 12
- NONE LISTED -
Tentative Ruling for March 14, 2018:
The debtor was unaware his accountant had not filed tax returns for him since 2013? Really? A debtor in possession is a fiduciary for the benefit of its creditors. Does this debtor understand what that entails and how important it is for this court to be able to rely upon the debtor's truthfulness?
Hearing required.
Final Ruling for March 14, 2018:
Continue hearing to April 5, 2018 at 10:00 a.m. to give debtor a further opportunity to comply with UST guidelines.
Tentative Ruling for April 5, 2018:
The Court remains extremely concerned about the debtor's ability to perform the functions of a fiduciary for the benefit of his creditors, based both on the apparent inexperience, inattention or incompetence of his counsel and of the debtor's failure to be forthcoming until instructed by others to do so. At the March 14 hearing, counsel for the debtor demonstrated that he did not understand the meaning of the word sequester or the requirement that cash collateral not be used until the debtor had obtained either a court order or the
10:00 AM
secured creditor's consent to use the cash. Thereafter, counsel filed materials that should have been submitted to the US Trustee direclty with the Court, putting into the public record various matters that should not have been made public. And the schedules contained a number of material omissions that need to be remedied: (1) the failure to disclose the debtor's shared interest in commercial real property in Kentucky; (2) the debtor's failure to disclose a receivable from Henderson Mechanical for $300,000; (3) the debtor's failure to disclose payments received from Sharma and Martini in exchange for the sale of his interest in property at 4712 West 164th Street, Lawndale, CA; and (4) the debtor's failure to disclose his liability under a personal guaranty of a lease of property from Lomita Blvd. Investments. The combination of a debtor who is either unable without competent assistance or unwilling to fulfill his duties and an attorney who is either unable or unwilling
to provide that competent assistance is problematic. The Court cannot permit this case to move forward without either a competent fiduciary or a competent professional.
Discuss possible solutions with the parties.
Debtor(s):
James Paul Lee III Represented By Julie J Villalobos
10:00 AM
Docket 1
- NONE LISTED -
Tentative Ruling for March 14, 2018:
Are expenses being paid for the Prairie Avenue property? Court sees an adequate protection stipulation that calls for monthly payments and requires debtor to maintain insurance, among other things, but does that stipulation authorize the use of cash collateral to pay property-related expenses? Is debtor planning to fiel a motion for authority to use cash collateral?
Set bar date and deadline for serving notice of bar date. Debtor has proposed July 31 as the deadline for filing a plan. What has to happen before debtor will be in a position to file a plan? Hearing required.
Final Ruling for March 14, 2018:
Continue case status conference to April 5, 2018 at 10:00 a.m. Requirement that an updated status report be filed is waived, but court will issue order to show cause why chapter 11 trustee should not be appointed based on debtor's use of cash collateral without authority to do so. Hearing on OSC will be April 5, 2018 at 10:00 a.m. Oppositions will be due by March 28, 2018.
Tentative Ruling for April 5, 2018:
Revisit status of case after conclusion of hearing on matters nos. 3 and 4.
10:00 AM
Debtor(s):
James Paul Lee III Represented By Julie J Villalobos
10:00 AM
Docket 22
- NONE LISTED -
See tentative ruling for matter no. 4. How can the court approve counsel's employment when it appears that counsel is incompetent, inexperienced and/or neglectful? Hearing required.
Debtor(s):
James Paul Lee III Represented By Julie J Villalobos
10:00 AM
Adv#: 2:10-01901 Bognar et al v. Galante
Docket 50
- NONE LISTED -
If witness appears, have clerk administer oath and direct parties to adjourn to attorney conference room to conduct examination.
Debtor(s):
Ralph P. Galante Represented By Marijana Stanojevic
Defendant(s):
Ralph P. Galante Pro Se
Movant(s):
Jeannine Bognar Represented By Michael A Wallin
Lee Bognar Represented By
Michael A Wallin
Plaintiff(s):
Jeannine Bognar Represented By Michael A Wallin
Lee Bognar Represented By
Michael A Wallin
10:00 AM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Adv#: 2:16-01503 Metcalf
fr. 1-30-18, 2-13-18
Docket 33
4/6/18 - Parties will be filing a stip/order or a new app/order to continue this matter.
4/9/18 - Mr. Goldberg will be filing stip/orders continuing the examination to 5/8/18 @ 10am.
1/18/18 -- At request of judgment creditor, examination continued to February 13, 2018 at 10:00 a.m. OFF CALENDAR FOR JANUARY 30, 2018.
Administer oath to judgment debtor and instruct parties to proceed to attorney conference to conduct examination.
2/9/18 -- At request of judgment creditor, examination continued to April 10, 2018 at 10:00 a.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Tentative Ruling for April 10, 2018:
If witness appears, have clerk administer oath and direct parties to adjourn to attorney conference room to conduct examination.
Debtor(s):
William Douglas Fisher Represented By
G Marshall Hann
10:00 AM
Plaintiff(s):
Marvin Metcalf Represented By Seth M Goldberg
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: WILMINGTON SAVINGS FUND SOCIETY, FSB
Docket 11
4/6/18 - Julie Corriveau, (619)916-3419, has been approved for telephonic appearance on 4/10/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Ying Ji Sim Represented By
Young K Chang
Movant(s):
Wilmington Savings Fund Society, Represented By
Merdaud Jafarnia
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
VIN # 2C3CDXBG7EH325742
MOVANT: AMERICREDIT FINANCIAL SERVICES, INC.
Docket 8
4/2/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 4/10/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Joshua Humberto Salib Represented By Jacqueline D Serrao
Movant(s):
Americredit Financial Services, Inc., Represented By
Jennifer H Wang
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
v. Peter Spennato, Jr. DDS, et al.
MOVANT: PEGGY MURPHY
Docket 10
- NONE LISTED -
Deny motion. The debtor is not a human. The debtor is a corporate entity. There is no such thing as a 523 action. Movant should simply file proof of claim. If and when trustee files an objection to the claim and an adjudication is required, court will explore whether it makes sense to grant relief from stay to permit litigation to proceed in a nonbankruptcy court.
4/9/18 -- Court approved stipulation continuing hearing to June 12, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 10, 2018.
Debtor(s):
Peter Spennato DDS Ortho & Pedo Represented By
David B Golubchik
Movant(s):
Peggy Murphy Represented By Eric V Anderton
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: AMERICAN HONDA FINANCE CORPORATION
Docket 9
4/2/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 4/10/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Maria Elizabeth Martinez Represented By Lauren M Foley
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: BTS, A LIMITED PARTNERSHIP/REAL ESTATE CONNECTION
Docket 9
- NONE LISTED -
Deny motion as moot. Case has been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Lanitha Wilson Pro Se
Movant(s):
BTS, a limited partnership/Real Represented By Carol G Unruh
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
MOVANT: GI TC ONE WILSHIRE, LLC.
Docket 19
4/10/18 - Movant filed a voluntary dismissal of the motion on 4/9/18 @ 9:17pm
Grant motion with waiver of Rule 4001(a)(3).
Debtor(s):
Pacific Link Telecom, Inc Represented By Glenn Park
Movant(s):
GI TC One Wilshire, LLC Represented By Michael R Pinkston
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
fr. 8-2-17, 11-15-17
Docket 97
- NONE LISTED -
See tentative ruling on matter no. 9.
11/3/17 -- Court approved stipulation continuing hearing to January 24, 2018 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017. NO APPEARANCE REQUIRED.
1/18/18 -- Court approved stipulation continuing hearing to April 10, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 24, 2018. NO APPEARANCE REQUIRED.
3/27/18 -- Court approved stipulation continuing hearing to July 18, 2018 at 11:00 a.m. OFF CALENDAR FOR APRIL 10, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
Shawn M Christianson
Movant(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
Shawn M Christianson
11:00 AM
11:00 AM
Docket 1
- NONE LISTED -
Court has a variety of questions:
Debtor owns a license to use the intellectual property on which its business is founded and not the intellectual property itself? Who owns the intellectual property?
Are there ongoing payments due under the license agreement and, if so, at what rate?
Did the court grant relief from stay to permit the state court trial to proceed forward?
What causes of action have been alleged in Mr. Kolokotrones' complaint?
Which of the employees listed on exhibit A are insiders?
What do the following entries on the cash flor projection mean:
AWS;
USC Buyout DW
What kinds of expenses fall under the heading, "miscellaneous." Hearing required
12/20/16 -- Court signed scheduling order setting following dates:
11:00 AM
Cont'd case management conference -- March 15, 2017 at 11:00 a.m. L/D to serve and file updated status report -- March 3, 2017
L/D to complete a day of mediation -- January 17, 2017
L/D to lodge order appointing mediator -- December 30, 2016
1/20/17 -- Court approved stipulation extending deadline for completion of settlement conference to February 17, 2017.
Tentative Ruling for March 15, 2017:
Set deadline for serving notice of bar date and bar date. Continue status conference approximately 90 days.
Tentative Ruling for June 14, 2017:
Debtor served notice of bar date, but never lodged order setting bar date. Court needs order establishing that date (which should reflect original dates set -- L/D to serve notice of bar date-March 22, 2017; Bar date-May 31, 2017). (Court signed scheduling order with these dates on June 22, 2017.)
Court has reviewed debtor's status report. How long does the debtor think it will be before the state court rules on the pending motions for summary judgment? Hearing required.
Tentative Ruling for September 13, 2017:
Court has reviewed debtor's status report. Continue case status conference to November 15, 2017 at 11:00 a.m. Debtor should file updated status report not later than November 3, 2017. Appearances waived on September 13, 2017.
11/3/17 -- Court approved stipulation continuing hearing to January 24, 2018 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017. NO APPEARANCE REQUIRED.
11:00 AM
1/18/18 -- Court approved stipulation continuing hearing to April 10, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 24, 2018. NO APPEARANCE REQUIRED.
3/27/18 -- Court approved stipulation continuing hearing to July 18, 2018 at 11:00 a.m. OFF CALENDAR FOR APRIL 10, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
Shawn M Christianson
2:00 PM
Adv#: 2:16-01503 Metcalf
fr. 1-30-18, 2-13-18
Docket 32
4/9/18 - Mr. Goldberg will be filing stip/orders continuing the examination to 5/15/18 @ 2pm.
1/18/18 -- At request of judgment creditor, examination continued to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 30, 2018.
Administer oath to judgment debtor and instruct parties to proceed to attorney conference to conduct examination.
2/9/18 -- At request of judgment creditor, examination continued to April 10, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Tentative Ruling for April 10, 2018:
If witness appears, have clerk administer oath and direct parties to adjourn to attorney conference room to conduct examination.
Debtor(s):
William Douglas Fisher Represented By
G Marshall Hann
2:00 PM
Plaintiff(s):
Marvin Metcalf Represented By Seth M Goldberg
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Adv#: 2:17-01274 Tawansy et al v. Leslie
fr. 7-25-17, 12-5-17, 3-6-18
Docket 1
4/4/18 - Matthew Grimshaw, (949)333-7777, has been approved for telephonic appearance on 4/10/18 @ 2pm;
This is the first status conference. Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
7/28/17 -- Court approved scheduling order setting following dates: Status conference continued to December 5, 2017 at 2:00 pm
L/D to file joint status report -- November 21, 2017 L/D to complete mediation -- December 5, 2017
L/D to lodge order appointing mediators -- August 21, 2017 8/29/17 -- Court entered order appointing mediators.
Tentative Ruling for December 5, 2017:
The trustee contends that the action is untimely because no proof of claim was filed and that the Court can summarily dismiss the matter. Court does not agree. Failure to file a proof of claim would not transmute property of a third party into property of the estate. If trustee believes there is a basis for a summary adjudication, he should bring a motion requesting such relief.
2:00 PM
It does appear that many or most of the operative facts are undisputed. What issues are the parties attempting to address in discovery? Hearing required.
Tentative Ruling for March 6, 2018:
Revisit status of action after conclusion of hearing on motion for summary adjudication of issues.
Tentative Ruling for April 10, 2018:
Now that the parties have had an opportunity to review this Court's March 12, 2018 memorandum, do they need to do additional discovery in this action or are they prepared to proceed to trial?
Hearing required.
Debtor(s):
Raymond Renaissance Theater, LLC Represented By
Michael R Totaro
Defendant(s):
Sam S. Leslie Represented By
Rosendo Gonzalez
Plaintiff(s):
Khaled A. Tawansy Represented By Matthew Grimshaw Chad V Haes
Khaled A. Tawansy, M.D., Inc. Represented By Matthew Grimshaw Chad V Haes
Trustee(s):
Sam S Leslie (TR) Represented By
2:00 PM
Rosendo Gonzalez
2:00 PM
Adv#: 2:16-01477 Wipranik v. Marome et al
fr. 1-3-17, 4-4-17, 6-27-17, 8-29-17, 10-3-17, 2-6-18
Docket 1
4/10/18 - Shai Oved, (818)992-6588, has been approved for telephonic appearance on 4/10/18 @ 2pm.
4/10/18 - Stella Havkin, (818),999-1568 x 1, has been approved for telephonic appearance on 4/10/18 @ 2pm.
Revisit status of action after conclusion of hearing on motion to dismiss.
2/13/17 -- Court signed order extending deadline to file amended complaint until February 11, 2017. Responses shall be filed and served by March 8, 2017. Any hearing on a motion to dismiss shall be set for April 4, 2017 at 2:00 p.m.
6/19/17 -- Court signed order appointing mediators.
Tentative Ruling for June 27, 2017:
Have the parties now completed their initial exchanges under Rule 7026? If not, why not? Hearing required.
Tentative Ruling for August 29, 2017:
Parties are scheduled to attend mediation on August 31, 2017. Continue
2:00 PM
status conference to October 3, 2017. Appearances waived on August 29, 2017 on this matter.
Tentative Ruling for October 3, 2017:
What is the status of this matter? Did the parties attend a mediation on August 31, 2017? Hearing required.
1/30/18 -- Court approved stipulation continuing hearing to April 10, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 6, 2018.
Tentative Ruling for April 10, 2018:
Set discovery cutoff for approximately 90 days. Set deadline for filing pretrial motions and pretrial conference.
Debtor(s):
Herzl Ben Marome Represented By Shai S Oved Leslie Richards
Defendant(s):
Herzl Ben Marome Represented By Shai S Oved
Does 1 Through 10 Inclusive Pro Se
Plaintiff(s):
Yona Wipranik Represented By Stella A Havkin
Trustee(s):
John J Menchaca (TR) Represented By
M Douglas Flahaut Sevan Gorginian Aram Ordubegian
2:00 PM
Christopher K.S. Wong
2:00 PM
Adv#: 2:17-01018 BACH THANH CERAMICS CO, LTD et al v. NGUYEN
fr. 3-28-17, 4-11-17, 7-11-17, 10-17-17, 2-27-18
Docket 1
5/10/17 - Another Summons issued.
3/26/18 - Joey P. Moore, (714) 438-7210, has been approved for telephonic appearance on 4/10/2018 @ 10am
Tentative Ruling for July 11, 2017:
Plaintiff has now filed amended complaint and obtained and served alias summons. Defendant has filed an answer to complaint. According to the status report, court has granted relief from stay to permit the matter to proceed to trial in state court. That trial was scheduled to commence on June 28, 2017. Did trial get continued? What is the status of the state court action?
Final Ruling for July 11, 2017:
Matter did not proceed to trial in state court. One of defendants filed chapter 13 before Judge Brand. Plaintiff intends to move for relief from stay.
Continue status conference to October 17, 2017 at 2:00 p.m. Parties shall file joint status report not later than October 3, 2017.
Tentative Ruling for October 17, 2017:
2:00 PM
According to status report, chapter 13 case has been dismissed and a trial setting conference was scheduled to be held in state court on October 6, 2017. What happened at that trial setting conference?
Final Ruling for October 17, 2017:
Continue status conference to February 27, 2018 at 2:00 p.m. Plaintiff should give notice. Parties should file joint status report not later than February 13, 2018.
Tentative Ruling for February 27, 2018:
The parties report that the matter has been "conditionally settled" and that the settlement should be consummated by July 31, 2018. What does this mean? What are the terms of the proposed settlement? Hearing required.
Tentative Ruling for April 10, 2018:
The status report states that the parties have reached a "conditional" settlement. What is conditional about the settlement? Hearing required.
Debtor(s):
YEN NGUYEN Pro Se
Defendant(s):
YEN NGUYEN Represented By
Yen Nguyen - INACTIVE -
Plaintiff(s):
BACH THANH CERAMICS CO, Represented By
Joey P Moore
BACH THANH CERAMICS, INC. Represented By
Joey P Moore
Hoa Thuy Tran Represented By
2:00 PM
Trustee(s):
Joey P Moore
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:17-01033 R. Michael Collum, a Law Corporation et al v. Masud
fr. 4-4-17, 6-6-17, 9-12-17, 11-14-17, 1-9-18, 2-27-18
Docket 1
- NONE LISTED -
Tentative Ruling for June 6, 2017:
Apparently, the parties' settlement involves property of the bankruptcy estate and the trustee reportedly does not support the proposed settlement. Order the parties and the trustee to participate in a day of medation prior to the date of the continued status conference.
Final Ruling for June 6, 2017:
Continue status conference to September 12, 2017 at 2:00 p.m. Joint status report waived. It may make sent to permit parties to refrain from actively litigating this action to see where 727 action goes.
Tentative Ruling for September 12, 2017:
What, if anything, has transpired since last status conference? Hearing required.
Final Ruling for September 12, 2017:
Parties report that they have agreed to settlement in principle. Continue status conference to November 14, 2017 at 2:00 p.m. Parties are to file joint
2:00 PM
status report not later than October 31, 2017.
Tentative Ruling for November 14, 2017:
Sanction counsel for parties $150 each for failing to file joint status report. What is the status of this matter? Hearing required.
Tentative Ruling for January 9, 2018:
The last item on the docket is a notice of ruling directing parties to file a timely joint status report if the matter hasn't been dismissed by the date of the status conference explaining why the matter has been delayed and has not been settled. The matter has not been dismissed and the joint status report was not filed in a timely manner. Impose sanctions of $250 each on counsel for the parties and continue the status conference again. Issue an OSC re dismissal and set hearing on OSC for same date and time as continued status conference.
Final Ruling for January 9, 2018:
Continue status conference to February 27, 2018 at 2:00 p.m. Plaintiff will be filing a motion to approve compromise.
Tentative Ruling for February 27, 2018:
Has plaintiff filed compromise motion? What is the status of this matter?
3/19/18 -- Court approved stipulation resolving matter. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Jaffer Bernard Masud Represented By Andre A Khansari
2:00 PM
Defendant(s):
Jaffer Bernard Masud Represented By Andre A Khansari
Plaintiff(s):
R. Michael Collum, a Law Represented By Marc A. Collins Andre A Khansari
Ashaa Siewkumar Represented By Marc A. Collins Andre A Khansari
Trustee(s):
Timothy Yoo (TR) Represented By Diane C Weil Zev Shechtman
2:00 PM
Adv#: 2:17-01288 Yoo v. Masud
Complaint by Timothy J Yoo against Jaffer Bernard Masud fr. 8-1-17, 9-12-17, 11-14-17, 1-9-18, 2-27-18
Docket 1
- NONE LISTED -
7/31/17 -- Court approved stipulation vacating defendant's default and continuing status conference to September 12, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 1, 2017. NO APPEARANCE REQUIRED.
Tentative Ruling for September 12, 2017:
Discuss with plaintiff timing of possible summary judgment motion referenced in joint status report.
10/25/17 -- Court approved stipulation continuing hearing to January 9, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 14, 2017.
12/29/17 -- Court approved stipulation continuing hearing to February 27, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 9, 2017.
2/7/18 -- Court approved compromise, calling for lump sum payment.
2/20/18 -- Court approved stipulation continuing status conference to April 10, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2018.
3/8/18 -- Court approved order dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
2:00 PM
Debtor(s):
Jaffer Bernard Masud Represented By Andre A Khansari
Defendant(s):
Jaffer Bernard Masud Represented By Andre A Khansari
Plaintiff(s):
Timothy J Yoo Represented By Zev Shechtman
Trustee(s):
Timothy Yoo (TR) Represented By Diane C Weil Zev Shechtman
2:00 PM
Adv#: 2:17-01280 Rund, chapter 7 trustee for the chapter 7 estate o v. Li
fr. 7-25-17, 8-1-17, 12-5-17, 2-6-18
Docket 1
- NONE LISTED -
Why haven't the parties met and conferred as required by LBR 7026-1? What pretrial motions do the parties contemplate? Why doesn't plaintiff want this matter sent to mediation? Hearing required.
11/22/17 -- court approved stipulation continuing hearing to February 6, 2018 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 5, 2017.
1/23/18 -- Court approved stipulation continuing hearing to April 10, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 6, 2018.
4/2/18 -- Court approved stipulation dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Defendant(s):
Ning Li Represented By
Michael H Weiss
2:00 PM
Plaintiff(s):
Jason M. Rund, chapter 7 trustee for Represented By
Victor A Sahn David J Richardson
2:00 PM
Adv#: 2:17-01372 Velasco v. U.S. Department of Education et al
fr. 10-3-17, 1-23-18
Docket 1
8/8/17 - Amended Complaint filed. 8/8/17 - Another summons issued.
8/17/17 - Another summons issued
Continue status conference approximately 90 days. Set discovery cutoff for March of 2018.
10/5/17 -- Court signed scheduling order with following dates: Cont'd status conference -- January 23, 2018 at 2:00 p.m.
L/D to file joint status report -- January 9, 2018 Discovery cutoff -- March 30, 2018.
Tentative Ruling for January 23, 2018:
Both parties report that they will be done with discovery in April, 2018. Are they requesting an extension of the discovery cutoff or does the current March 30 date work?
Parties have indicated that they do not want to be sent to mediation. When would mediation be appropriate in this case, if at all? Hearing required.
2:00 PM
3/6/18 -- Court signed order dismissing action as against defendant VL Funding only.
3/23/18 -- Court approved stipulated order dismissing action as against remaining defendant. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Paulina Velasco Represented By Christine A Kingston
Defendant(s):
U.S. Department of Education Represented By Elan S Levey
RBS Citizens Bank Pro Se
Plaintiff(s):
Paulina Velasco Represented By Christine A Kingston
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:18-01031 Golden, Chapter 7 Trustee v. SIMLIM et al
Docket 1
- NONE LISTED -
Continue status conference approximately 90 to 120 days. Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
JUNG SHUP SIM Represented By Jaenam J Coe
Defendant(s):
MIJA SIMLIM Pro Se
BEOM SIK KIM Represented By Christian T Kim
JUNG SHUP SIM Pro Se
Plaintiff(s):
Jeffrey I. Golden, Chapter 7 Trustee Represented By
Sonia Singh Eric P Israel
2:00 PM
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel Sonia Singh
2:00 PM
Adv#: 2:17-01522 Jeffrey J. Bitetti, individually and as Trustee of v. Bren
fr. 1-9-18
Docket 1
3/29/18 - Roger Friedman, (714)641-51000 x 1743, has been approved for telephonic appearance on 4/10/18 @ 2pm
Set discovery cutoff for late June, 2018 and deadline for filing pretrial motions of approximatley 30 days thereafter.
Debtor(s):
Steven M Bren Represented By Robert S Altagen
Defendant(s):
Steven M. Bren Represented By Robert S Altagen
Plaintiff(s):
Jeffrey J. Bitetti, individually and as Represented By
Roger F Friedman
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01012 USC Credit Union v. Baldizon
Docket 12
- NONE LISTED -
There is no presumption of nondischargeability under section 523(a)(2)(A) and neither of the presumptions in section 523(a)(C) apply. There is no showing that the loan was taken out for the purpose of acquiring luxury goods or that this was a cash advance. The movant has provided no evidence to support the contention that he had no ability or intent to repay the loan when it was taken out. The sum total of the facts alleged here is that the debtor took out a loan for $3,700 41 days before the bankruptcy and didn't make any payments. There is no discussion of what the debtor's monthly income and expenses were to demonstrate that the debtor must have known he couldn't repay the loan. There is no mention of when the first payment on the loan would have been due. Was the debtor even obligated to make any payments before the petition was filed? What else was going on in the debtor's life at the time? Was this petition filed on an emergency basis?
In short, the plaintiff has failed to carry its burden of proof in this motion. Either deny motion or, if movant prefers, continue hearing to give movant an opportunity to supplement the record with additional evidence.
Debtor(s):
Adam M Baldizon Pro Se
Defendant(s):
Adam M Baldizon Pro Se
2:00 PM
Movant(s):
USC Credit Union Represented By
Bruce P. Needleman
Plaintiff(s):
USC Credit Union Represented By
Bruce P. Needleman
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:18-01012 USC Credit Union v. Baldizon
fr. 3-13-18
Docket 1
2/20/18 - Request for entry of default entered.
Continue status conference to April 10, 2018 at 2:00 p.m. to be heard concurrently with motion for default judgment. APPEARANCES WAIVED ON MARCH 13, 2018.
Tentative Ruling for April 10, 2018:
If Court grants motion for default judgment, take status conference off calendar. If Court does not grant motion for default judgment, continue status conference to coincide with date of continued hearing on default judgment motion.
Debtor(s):
Adam M Baldizon Pro Se
Defendant(s):
Adam M Baldizon Pro Se
Plaintiff(s):
USC Credit Union Represented By
Bruce P. Needleman
2:00 PM
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:09-02063 Rubin v. Ross
Docket 450
- NONE LISTED -
Grant. Discuss trial procedures with parties. Court agrees that there is no need to retry the 523(a)(6) claim. With regard to 727 issues, court prefers that direct testimony be by declaration. Declarations in this case should include a declaration from someone who procured transcripts from the prior trial providing and authenticating the transcripts of the prior trial. Parties should also submit any declarations necessary to provide foundation for any trial exhibits, as well as any declarations necessary to introduce any new evidence.
Debtor(s):
David Leonard Ross Represented By Rosendo Gonzalez
Benjamin Nachimson
Seyed Mohammad R Kazerouni
Defendant(s):
David Leonard Ross Represented By Rosendo Gonzalez
Seyed Mohammad R Kazerouni
Movant(s):
Jason Rubin Represented By
Barry R Wegman Stephan A Mills
2:00 PM
Franklin C Adams Cathy Ta
J. Alexandra Rhim Rosendo Gonzalez
Plaintiff(s):
Jason Rubin Represented By
Barry R Wegman Stephan A Mills Franklin C Adams Cathy Ta
J. Alexandra Rhim Rosendo Gonzalez
Trustee(s):
James L Brown (TR) Pro Se
2:00 PM
Adv#: 2:09-02063 Rubin v. Ross
Complaint by Jason Rubin against David Leonard Ross fr. 1-23-18
Docket 1
- NONE LISTED -
Set date for pretrial conference. Parties should lodge joint pretrial order two weeks before pretrial conference. Do parties anticipate filing any additional pretrial motions?
Debtor(s):
David Leonard Ross Represented By Rosendo Gonzalez
Benjamin Nachimson
Seyed Mohammad R Kazerouni
Defendant(s):
David Leonard Ross Represented By Rosendo Gonzalez
Seyed Mohammad R Kazerouni
Plaintiff(s):
Jason Rubin Represented By
Barry R Wegman Stephan A Mills
2:00 PM
Trustee(s):
Franklin C Adams Cathy Ta
J. Alexandra Rhim Rosendo Gonzalez
James L Brown (TR) Pro Se
10:00 AM
Docket 311
4/6/18 - Kyra Andrassy, (714)445-1000, has been approved for telephonic appearance on 4/11/18 @ 10am
Grant motion. Sustain objections.
Debtor(s):
Rajendra Mehta Represented By Shai S Oved Jay M Spillane
Trustee(s):
Heide Kurtz (TR) Represented By Kyra E Andrassy
10:00 AM
Docket 33
NONE LISTED -
On what does the trustee base the contention that, if the priority taxes are paid, the wage garnishments will stop? Hearing required.
Debtor(s):
Jeffrey Marduce Represented By Stephen Parry
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jessica Vogel
10:00 AM
1). Approving sale of real property, subject to overbid; 2). Authorizing sale free and clear of liens and interests; 3). Authorizing release of funds from escrow;
4). Approving payment of real estate commissions; 5). Approving payment of exemption
Docket 55
NONE LISTED -
49/18 -- Court approved stipulation re turnover.
Grant motion. Approve sale to highest bidder.
Debtor(s):
Roberto Robles Represented By Alan F Broidy
Trustee(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
10:00 AM
Docket 1783
4/2/18 - Stephen Snyder, (510)507-0355, has been approved for telephonic appearance on 4/11/18 @ 10am
4/2/18 - Dr. Sandra Hernandez, (510) 238-1040, has been approved for telephonic appearance on 4/11/18 @ 10am
4/2/18 - Alan Brayton, (415)797-0002, has been approved for telephonic appearance on 4/11/18 @ 10am
4/2/18 - Jeanine Donahue, (415)901-8644, has been approved for telephonic appearance on 4/11/18 @ 10am
4/2/18 - David Levi, (919)613-7001, has been approved for telephonic appearance on 4/11/18 @ 10am
4/3/18 - Sander Esserman, (214)354-9945, has been approved for telephonic appearance on 4/11/18 @ 10am
4/9/18 - Gary Fergus, (415)537-9032, has been approved for telephonic appearance on 4/11/18 @ 10am
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Jt Thorpe Inc Represented By
Brian L Davidoff
10:00 AM
Michael H Ahrens Charles J Malaret
10:00 AM
Docket 135
4/2/18 - Stephen Snyder, (510)507-0355, has been approved for telephonic appearance on 4/11/18 @ 10am
4/2/18 - Dr. Sandra Hernandez, (510) 238-1040, has been approved for telephonic appearance on 4/11/18 @ 10am
4/2/18 - Alan Brayton, (415)797-0002, has been approved for telephonic appearance on 4/11/18 @ 10am
4/2/18 - Jeanine Donahue, (415)901-8644, has been approved for telephonic appearance on 4/11/18 @ 10am
4/2/18 - David Levi, (919)613-7001, has been approved for telephonic appearance on 4/11/18 @ 10am
4/3/18 - Sander Esserman, (214)354-9945, has been approved for telephonic appearance on 4/11/18 @ 10am
4/9/18 - Gary Fergus, (415)537-9032, has been approved for telephonic appearance on 4/11/18 @ 10am
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Pacific Insulation Company Represented By
10:00 AM
John A Lapinski Leslie R Horowitz
10:00 AM
Docket 1
NONE LISTED -
The term is a "pass through" entity, not a "path through" entity.
Debtor should not use form for status reports. Debtor should merely answer the questions in the court's status conference order. Form is extremely difficult to read, especially when combined in part with narrative sections.
Set deadline for serving notice of bar date and bar date. Debtor predicts that it will be able to file plan and disclosure statement by June 30? What, if anything, has to happen before debtor is in a position to file a plan? Hearing required.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
10:00 AM
Docket 1
NONE LISTED -
What are all the lawsuits about? Is debtor in good standing with any and all applicable licensing authorities? If the debtor's only meaningful assets are its accounts receivable and many or most may be uncollectible, is there really a reorganization here?
Set deadline for serving notice of bar date and bar date. What has to happen before debtor will be in a position to file plan and disclosure statement?
Hearing required.
Debtor(s):
Essence Business Group, Inc. Represented By Thomas B Ure
11:00 AM
Docket 56
NONE LISTED -
Provided service is adequate, authorize debtor to use cash collateral generated by property solely for the purpose of paying insurance, real property taxes, operating expenses and mortgage with regard to that property. Any excess rents shall be held in a segregated, interest-bearing account. All lenders shall receive replacement lien on post-petition rents to secure the diminution in value of their prepetition collateral. Post-petition liens shall have the same validity and priority as prepetition liens.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan
2:00 PM
MOVANT: ROYAL BUSINESS BANK fr. 7-11-17, 6-13-17, 12-19-17
Docket 24
NONE LISTED -
Tentative Ruling for June 13, 2017:
Deny motion for lack of cause shown. Movant has filed a 523 action. Court can hold that in abeyance while movant litigates in state court with Chen and Li. Movant can assert by way of affirmative defense in the state court action that it did nothing wrong and that any wrongful conduct was that of the debtor and not the bank. If and when movant has any liability in the state court action, if there is a theory under which movant believes it may impose that liability on debtor, it can attempt to do so in its adversary proceeding. What is the advantage of granting relief from stay to have debtor's liability litigated in state court when this court will have to examine any findings to ascertain whether any liability is dischargeable anyway?
Final Ruling for June 13, 2017:
Continue hearing to July 11, 2017 at 2:00 p.m. to be heard concurrently with status conference in adversary proceeding in lieu of denial (at movant's request). Briefing closed. Conduct July 11 hearing as a status conference. If and when Court believes it might make sense to grant relief from stay, court will give plaintiff an opportunity to file supplemental brief and debtor an
2:00 PM
opportunity to respond.
Tentative Ruling for July 11, 2017:
Revisit status of motion after conclusion of status conference.
Tentative Ruling for December 19, 2017:
At request of parties, continue hearing on motion for relief from stay and status conference to April 11, 2018 at 2:00 p.m. APPEARANCES WAIVED ON DECEMBER 19, 2017.
Tentative Ruling for April 11, 2018:
At request of parties, continue hearing on motion for relief from stay and status conference to August 14, 2018 at 2:00 p.m. Parties should file updated status report not later than two weeks prior to the continued status conference. APPEARANCES WAIVED ON APRIL 11, 2018.
Debtor(s):
George Tsai Represented By
Sam X J Wu
Movant(s):
Royal Business Bank, a California Represented By
Yuriko M Shikai Eva Wong
Trustee(s):
David A Gill (TR) Pro Se
2:00 PM
Adv#: 2:17-01270 Royal Business Bank, a California banking corporat v. Tsai
fr. 7-11-17, 12-19-17
Docket 1
NONE LISTED -
What, if any, progress has been made in the related state court actions? Hearing required.
Tentative Ruling for December 19, 2017:
At request of parties, continue hearing on motion for relief from stay and status conference to April 11, 2018 at 2:00 p.m. Parties should file updated status report not later than two weeks prior to the continued status conference. APPEARANCES WAIVED ON DECEMBER 19, 2017.
Tentative Ruling for April 11, 2018:
At request of parties, continue hearing on motion for relief from stay and status conference to August 14, 2018 at 2:00 p.m. Parties should file updated status report not later than two weeks prior to the continued status conference. APPEARANCES WAIVED ON APRIL 11, 2018.
2:00 PM
Debtor(s):
George Tsai Represented By
Sam X J Wu
Defendant(s):
George Tsai Represented By
Sam X J Wu
Plaintiff(s):
Royal Business Bank, a California Represented By
Eva Wong Yuriko M Shikai
Trustee(s):
David A Gill (TR) Pro Se
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
Docket 84
3/30/18 - Kirsten Worley, (619)550-1004, has been approved for telephonic appearance on 4/3/18 @ 2pm.
Hearing required.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth
Alexandre Oh Represented By
Andrew Edward Smyth
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
2:00 PM
Chonghee Jane Kim Represented By
Andrew Edward Smyth
Movant(s):
Benjamin Hooshim Represented By
Andrew Edward Smyth
Alexandre Oh Represented By
Andrew Edward Smyth
Chonghee Jane Kim Represented By
Andrew Edward Smyth
Plaintiff(s):
Edward M Wolkowitz Represented By Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
fr. 7-25-17, 11-14-17, 11-28-17, 1-9-18, 4-3-18
Docket 1
6/27/17 - Request for entry of default against Julie Taberdo 6/27/17 - Request for entry of default against Lynn Wolcott
6/27/17 - Request for entry of default against TD Foreclosure Services, Inc.
3/30/18 - Kirsten Worley, (619)550-1004, has been approved for telephonic appearance on 4/3/18 @ 2pm.
Defaults have been entered as against Lynn Wolcott, Julie Taberdo and TD Foreclosure Services.
The trustee is of the opinion that there are legal issues that can be resolved through a motion for partial summary adjudication. Set deadline for the filing of such motions and continue status conference to a date that can serve as a date for hearing on those motions.
2:00 PM
9/20/17 -- Court approved scheduling order continuing status conference to November 14, 2017 at 2:00 p.m., ordering parties to file a joint status report not later than Octoer 31, 2017, ordering trustee to file and serve his motion for partial summary judgment against GB Inland Properties not later than September 26, 2017 and set it for hearing on November 14, 2017 at 2:00
p.m. and directing that any motion to vacate a default be filed not later than September 26, 2017 and set for hearing on or before November 14, 2017 at 2:00 p.m.
Tentative Ruling for November 14, 2017:
Why didn't the trustee comply with the court's directive to file his motion for partial summary judgment in time to have it heard on November 14, 2017? That motion is currently set for November 28, 2017.
Revisit status of action after conclusion of related matter on calendar. Tentative Ruling for November 28, 2017:
Revisit status of action after conclusion of related matter on calendar.
Tentative Ruling for January 9, 2018:
Set deadline for filing amended complaint and deadline for filing response to complaint.
Tentative Ruling for April 11, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
2:00 PM
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth
Alexandre Oh Represented By
Andrew Edward Smyth
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
Andrew Edward Smyth
Plaintiff(s):
Edward M Wolkowitz Represented By Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
2:00 PM
Authorizing The Trustee To Utilize Cash Collateral Pursuant To 11 U.S.C. §§ 361, 362, And 363;
Granting Adequate Protection Pursuant To 11 U.S.C. §§ 361, 362, And 363 (Iii) Scheduling A Final Hearing Pursuant To Bankruptcy Rule 4001(B)
(Iv) Granting Related Relief
Docket 61
4/13/18 - Scheduling and Case Management Conference set for: APRIL 25, 2018 @ 10AM
4/11/18 - Joon Song, (323)672-8482, has been approved for telephonic appearance on 4/13/18 @ 2pm
4/12/18 - Raffi Khatchadourian, (818)501-3800, has been approved for telephonic appearance on 4/13/18 @ 2pm
4/12/18 - Lan Nguyen, (657)888-4515, has been approved for telephonic appearance on 4/13/18 @ 2pm
NONE LISTED -
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Trustee(s):
2:00 PM
Timothy Yoo (TR) Represented By Monica Y Kim
2:00 PM
Authorizing The Trustee To Utilize Cash Collateral Pursuant To 11 U.S.C. §§ 361, 362, And 363;
Granting Adequate Protection Pursuant To 11 U.S.C. §§ 361, 362, And 363 (Iii) Scheduling A Final Hearing Pursuant To Bankruptcy Rule 4001(B)
(Iv) Granting Related Relief
Docket 75
4/13/18 - Scheduling and Case Management Conference set for: APRIL 25, 2018 @ 10AM
4/11/18 - Joon Song, (323)672-8482, has been approved for telephonic appearance on 4/13/18 @ 2pm
4/12/18 - Raffi Khatchadourian, (818)501-3800, has been approved for telephonic appearance on 4/13/18 @ 2pm
4/12/18 - Lan Nguyen, (657)888-4515, has been approved for telephonic appearance on 4/13/18 @ 2pm
NONE LISTED -
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
2:00 PM
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim
2:00 PM
Authorizing The Trustee To Utilize Cash Collateral Pursuant To 11 U.S.C. §§ 361, 362, And 363;
Granting Adequate Protection Pursuant To 11 U.S.C. §§ 361, 362, And 363 (Iii) Scheduling A Final Hearing Pursuant To Bankruptcy Rule 4001(B)
(Iv) Granting Related Relief
Docket 37
4/13/18 - Scheduling and Case Management Conference set for: MAY 30, 2018 @ 10AM
4/11/18 - Joon Song, (323)672-8482, has been approved for telephonic appearance on 4/13/18 @ 2pm
4/12/18 - Raffi Khatchadourian, (818)501-3800, has been approved for telephonic appearance on 4/13/18 @ 2pm
4/12/18 - Lan Nguyen, (657)888-4515, has been approved for telephonic appearance on 4/13/18 @ 2pm
NONE LISTED -
Debtor(s):
Colima BBQ, Inc Represented By Jaenam J Coe
2:00 PM
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim
10:30 AM
Use Cash Collateral On An Interim Basis Pending A Final Hearing
Grant Replacement Liens
Set Final Hearing
Docket 10
NONE LISTED -
On what does debtor base its projection that monthly revenues will increase by the amounts set forth in the budget from 2017 monthly figure?
Authorize debtor to use cash collateral between now and date of final hearing up to an aggregate amount to be determined at the hearing to the extent absolutely necessary for the purpose of paying operating expenses with regard to the debtor's business in accordance with the budget plus a 10 percent variance. (Debtor may not establish any carveouts during the interim period.) All lenders shall receive replacement lien on post-petition assets, other than avoiding power recoveries, to secure the diminution in value of their prepetition collateral. Post-petition liens shall have the same validity and priority as prepetition liens. Set final hearing date and briefing schedule.
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
10:30 AM
Docket 11
NONE LISTED -
What is the relationship between Marie Ushirogata and Alvin Lo. Marie is described as "the of Lo."
Authorize debtor to pay prepetition wages and honor prepetition benefits up to an aggregate of priority amount per employee, excluding insiders. With regard to insiders, order can provide that, if and when and to the extent that insider compensation has been approved, the debtor is authorized to pay prepetition wages to insiders in accordance with any formula approved through the insider compensation process.
Provided debtor supplies schedule of amounts to be paid to its employees, authorize debtor to pay prepetition wages and honor prepetition benefits up to an aggregate of priority amount per employee, excluding insiders. (Debtor needs to identify which of its employees are insiders.) With regard to insiders, order can provide that, if and when and to the extent that insider compensation has been approved, the debtor is authorized to pay prepetition wages to insiders in accordance with any formula approved through the insider compensation process.
Debtor does not seek authority in this motion to permit prepetition checks to clear, yet it appears from motion on calendar as number 3 that debtor hopes to obtain this relief by leaving prepetition bank account open. This is not acceptable. To the extent that there are outstanding checks for prepetition wages, debtor should issue new checks to accomplish these payments after obtaining authority to pay these additional prepetition wages.
Debtor(s):
10:30 AM
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
10:30 AM
Docket 12
NONE LISTED -
Grant in part and deny in part. Debtor may leave account open to receive deposits only for a period of 90 days. Debtor must open new account for issurance of any post-petition checks and must stop payment on any outstanding checks issued from that account (or otherwise take steps to ensure that checks issued prepetition do not clear this account), including outstanding payroll checks. If there are prepetition payroll checks outstanding, debtor should issue new checks for these amounts after obtaining authority to pay these additional prepetition wages. (Blanket request for this relief buried in paragraph 47 of the Lo Declaration without any detail as to the amount or payee of such checks is inadequate.)
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
10:30 AM
Docket 13
NONE LISTED -
The motion is essentially boilerplate. The only information provided as to the nature of the debtor's customer programs is that "The Debtor has outstanding coupons." What kinds of coupons has the debtor issued that are likely to be outstanding? Hearing required.
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
10:30 AM
Fixing Bar Date For The Filing Of Proofs Of Claim
Fixing Bar Date For The Filing Of Section 503(B)(9) Administrative Proofs Of Claim
Approval Of Form Of Notice
Docket 14
NONE LISTED -
Grant motion. Set deadline for serving notice of bar date and bar date.
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
10:30 AM
Use Cash Collateral On An Interim Basis Pending A Final Hearing
Grant Replacement Liens
Set Final Hearing
Docket 7
NONE LISTED -
On what does debtor base its projection that monthly revenues will increase by the amounts set forth in the budget from 2017 monthly figure? How does debtor intend to achieve the reduction in salary contemplated by the budget from 2017 figures?
Authorize debtor to use cash collateral between now and date of final hearing up to an aggregate amount to be determined at the hearing to the extent absolutely necessary for the purpose of paying operating expenses with regard to the debtor's business in accordance with the budget plus a 10 percent variance. (Debtor may not establish any carveouts during the interim period.) All lenders shall receive replacement lien on post-petition assets, other than avoiding power recoveries, to secure the diminution in value of their prepetition collateral. Post-petition liens shall have the same validity and priority as prepetition liens. Set final hearing date and briefing schedule.
Debtor(s):
OptometRx Optometry, Inc. Represented By Robert M Yaspan
10:30 AM
Docket 8
NONE LISTED -
Authorize debtor to pay prepetition wages and honor prepetition benefits up to an aggregate of priority amount per employee, excluding insiders.
Debtor(s):
OptometRx Optometry, Inc. Represented By Robert M Yaspan
10:30 AM
Docket 9
NONE LISTED -
Grant in part and deny in part. Debtor may leave account open to receive deposits only for a period of 90 days. Debtor must open new account for issurance of any post-petition checks and must stop payment on any outstanding checks issued from that account (or otherwise take steps to ensure that checks issued prepetition do not clear this account), including outstanding payroll checks. If there are prepetition payroll checks outstanding, debtor should issue new checks for these amounts after obtaining authority to pay these additional prepetition wages. (Blanket request for this relief buried in paragraph 46 of the Lo Declaration without any detail as to the amount or payee of such checks is inadequate.)
Debtor(s):
OptometRx Optometry, Inc. Represented By Robert M Yaspan
10:30 AM
Docket 10
NONE LISTED -
The motion is essentially boilerplate. The only information provided as to the nature of the debtor's customer programs is that "The Debtor has outstanding coupons." What kinds of coupons has the debtor issued that are likely to be outstanding? Hearing required.
Debtor(s):
OptometRx Optometry, Inc. Represented By Robert M Yaspan
10:30 AM
Fixing Bar Date For The Filing Of Proofs Of Claim
Fixing Bar Date For The Filing Of Section 503(B)(9) Administrative Proofs Of Claim
Approval Of Form Of Notice
Docket 11
NONE LISTED -
Grant motion. Set deadline for serving notice of bar date and bar date.
Debtor(s):
OptometRx Optometry, Inc. Represented By Robert M Yaspan
10:00 AM
MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY
Docket 10
NONE LISTED -
Grant motion under sections 362(d)(1) and (d)(4), including waiver of Rule 4001(a) (3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included the transfer of an interest in property without movant's consent and multiple bankruptcy filings affecting this property.
Debtor(s):
Brilliant Disguise, LLC Pro Se
Movant(s):
Deutsche Bank National Trust Represented By Cassandra J Richey
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 10
4/16/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 4/24/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Maria J Neill Pro Se
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: ARCHSTONE TOLUCA HILLS, LLC.
Docket 8
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Cassandra Kane Goss Represented By Gregory M Shanfeld
Movant(s):
Archstone Toluca Hills LLC Represented By Agop G Arakelian
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: US BANK, NA
Docket 8
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Jessica Renee Smith Represented By Jennifer Ann Aragon
Movant(s):
U.S. Bank National Association, as Represented By
Laurie Howell
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: US BANK, N A
Docket 9
NONE LISTED -
Deny request for relief under section 362(d)(2) due to existence of equity, but grant motion under section 362(d)(1) (without waiver of Rule 4001(a)(3)) as movant lacks adequate protection.
Debtor(s):
Da'Ron Darcel Ridgway Represented By Jeffrey N Wishman
Movant(s):
U.S. Bank, National Association, as Represented By
Angie M Marth
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 7
4/17/18 - Austin Nagel, (925)855-8080 x 205, has been approved for telephonic appearance on 4/24/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Leonardo Monsada Represented By Douglas A Crowder
Joint Debtor(s):
Cristina Monsada Represented By Douglas A Crowder
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: MEGAN MEADOWCROFT
Docket 21
NONE LISTED -
Court agrees that the debtor is not an "indispensible" party; however, it would make no sense to liquidate/determine the debtor's liability, if any, in a proceeding separate from the action against the rest of the defendants. That would be duplicative and unnecessarily expensive. And the state court does in fact have more expertise in the liquidation of claims of this type than does the bankruptcy court. If, in fact, the debtor's assets are of limited value and its accounts receivable are likely to be uncollectible, it may not make sense for the debtor to bother expending the resources necessary to defend this aciton. The plaintiffs who were prepared to try this matter when the bankruptcy was commenced on the eve of trial should be permitted to proceed to trial. Grant motion without waiver of Rule 4001(a)(3).
Debtor(s):
Essence Business Group, Inc. Represented By Thomas B Ure
Movant(s):
Amber Brown Represented By Howard Camhi
Megan Meadowcroft Represented By
10:00 AM
Howard Camhi
10:00 AM
MOVANT: CHRIS KANG; LB GLOBAL, INC.
Docket 24
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Colima BBQ, Inc Represented By Jaenam J Coe
Movant(s):
Chris Kang LB Global, Inc. Represented By Charles Shamash Joseph Caceres
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh
10:00 AM
MOVANT: CHRIS KANG; LB GLOBAL, INC.
Docket 41
NONE LISTED -
Grant relief from stay to the extent necessary to permit judgment to be entered and any post-trial matters, including any appeals, to be resolved.
Debtor(s):
Young Keun Park Represented By Rosendo Gonzalez
Movant(s):
Chris Kang LB Global, Inc. Represented By Charles Shamash Joseph Caceres
Trustee(s):
Elissa Miller (TR) Represented By Annie Y Stoops
10:00 AM
MOVANT: CHRIS KANG; LB GLOBAL, INC.
Docket 53
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh
10:00 AM
MOVANT: CHRIS KANG; LB GLOBAL, INC.
Docket 43
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Movant(s):
Chris Kang LB Global, Inc. Represented By Charles Shamash Joseph Caceres
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh
10:00 AM
MOVANT: TUSTIN GATEWAY, LP.
Docket 34
NONE LISTED -
Grant with waiver of Rule 4001(a)(3) and annulment.
Debtor(s):
Young Joon Kim Pro Se
Movant(s):
Tustin Gateway, L.P., a California Represented By
Abel Ortiz
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Adv#: 2:14-01739 Kwon et al v. An et al
Docket 70
NONE LISTED -
The Ninth Circuit sustained the ruling of the Bankruptcy Appellate Panel, which was to affirm the bankruptcy court's judgment except as against Lauri An. The entry of judgment against Lauri An appears to have been a mistake resulting from the court's failure to carefully proofread the proposed judgment lodged in this matter. Now that there is a final judgment under section 523(a)
(6) against Albert An, does the plaintiff wish to continue to prosecute this action as against Lauri An (which will require an evidentiary hearing) or is the matter now fully reseolved?
Hearing required.
Debtor(s):
Albert S An Represented By
Young K Chang
Defendant(s):
Albert S An Represented By
Rosendo Gonzalez Christian T Kim James A Dumas Jr
Lauri I An Represented By
Rosendo Gonzalez Christian T Kim
11:00 AM
James A Dumas Jr
Joint Debtor(s):
Lauri I An Represented By
Young K Chang
Plaintiff(s):
Il Yoon Kwon Represented By Ryan D ODea
Coastal Asset Management, LLC Represented By
Ryan D ODea
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
Adv#: 2:17-01370 Miller in her Capacity as Chapter 7 Trustee v. Bearbiz Irrevocable Trust et al
Supreme Studios, Gertrude Fox fr. 10-3-17, 10-17-17, 1-30-18
Docket 1
NONE LISTED -
Revisit status after conclusion of hearings on related matters.
4/9/18 -- Court approved stipulation continuing hearing to May 29, 2018 at 2:00 p.m. OFF CALENDAR FOR APRIL 24, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Defendant(s):
Bearbiz Irrevocable Trust Represented By Johnny White
Theodore Fox Represented By Johnny White Simon Aron
Supreme Studios Represented By
11:00 AM
Johnny White
GERTRUDE FOX Represented By Michael D Dempsey
Plaintiff(s):
Elissa Miller in her Capacity as Represented By Ryan D ODea
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
11:00 AM
Adv#: 2:16-01265 United States Trustee for the Central District of v. Robledo
Complaint by Peter C Anderson against Francisco Javier Robledo fr. 8-9-16, 11-15-16, 2-28-17, 3-7-17, 5-16-17, 8-15-17, 3-20-18
Docket 1
NONE LISTED -
Tentative Ruling for August 9, 2016:
Defendant does not consent to entry of a final order in this adversary proceeding; however, this is an action to bar the debtor's discharge under section 727. There could be no clearer example of a core matter in which the bankruptcy court has authority to enter a final order. Enter an order to this effect. [Defendant subsequently consented on the record to entry of a final order and later status report includes written consent.]
Continue status conference for approximately 90 days to give parties an opportunity to commence discovery. Discuss with parties procedures for obtaining testimony from defendant and whether this might be an appropriate case for a motion for summary judgment.
Final Ruling for August 9, 2016:
Continue status conference to November 15, 2016 at 2:00 p.m. Parties should file joint status report not later than November 1, 2016.
Tentative Ruling for November 15, 2016:
Set discovery cutoff for late February, 2017 and continued status conference for approximately same time frame.
11:00 AM
11/16/16 -- Court approved scheduling order setting following dates:
Cont'd status conference -- February 28, 2017 at 2:00 p.m. L/D to file status report -- February 14, 2017
Discovery cutoff -- April 30, 2017
Tentative Ruling for March 7, 2017:
Has any progress been made in scheduling defendant's deposition? Hearing required.
3/8/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- May 16, 2017
Extended discovery cutoff -- May 31, 2017
Tentative Ruling for May 16, 2017:
Revisit status of action after conclusion of related matter on calendar.
6/7/17 -- court entered order requiring debtor to testify on June 27, 2017. If debtor fails to testify on that date, court shall strike defendant's answer and permit plaintiff to proceed by way of default. Any supplemental papers are to be filed by August 1, 2017. Court waived requirement of status report.
Tentative Ruling for August 15, 2017:
Plaintiff reports that defendant is now unrepresented and that defendant has reprsented that he will be released to a halfway house on or about November 30, 2017 and moved to home confinement on or about December 17, 2017. He projects a final release date of approximately February 28, 2018. It appears that discovery has been completed.
Does plaintiff anticipate any pretrial motion practice? Hearing required.
2/13/18 -- Court granted UST's motion to continue pretrial conference to April
11:00 AM
24, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 20, 2018.
Tentative Ruling for April 24, 2018:
Approve plaintiff's proposed pretrial order. Set trial related deadlines.
Debtor(s):
Francisco Javier Robledo Represented By Gary Leibowitz
Defendant(s):
Francisco Javier Robledo Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Kelly L Morrison Ron Maroko
Trustee(s):
Jason M Rund (TR) Represented By Thomas H Casey Kathleen J McCarthy
11:00 AM
Adv#: 2:18-01044 Avery v. Rivera
Docket 1
NONE LISTED -
Continue status conference to June 26, 2018 at 2:00 p.m. to give court an opportunity to process motion to convert to chapter 13. APPEARANCES WAIVED ON APRIL 24, 2018.
4/23/18 -- Court approved stipulation vacating default.
Debtor(s):
Jaime Rivera Represented By
David H Chung
Defendant(s):
Jaime Rivera Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Richard A Marshack Chad V Haes
D Edward Hays
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
11:00 AM
Adv#: 2:18-01045 Avery v. Rivera aka Jaime Rivera, Jr. et al
Docket 1
NONE LISTED -
Continue status conference to June 26, 2018 at 2:00 p.m. to give court an opportunity to process motion to convert to chapter 13. APPEARANCES WAIVED ON APRIL 24, 2018.
Debtor(s):
Jaime Rivera Represented By
David H Chung
Defendant(s):
Jaime Rivera aka Jaime Rivera, Jr. Pro Se Jaime Rivera Pro Se
Victorina Rivera Pro Se
Plaintiff(s):
Wesley H. Avery Represented By
D Edward Hays Chad V Haes
Trustee(s):
Wesley H Avery (TR) Represented By
11:00 AM
Chad V Haes
11:00 AM
Adv#: 2:17-01462 M2 Lease Funds, LLC v. Li
fr. 11-7-17, 2-6-18
Docket 1
NONE LISTED -
Tentative Ruling for November 7, 2017:
What is going on with the ingot machine? Was it picked up? If so, how does this impact this action.
Discuss with the parties whether this is an appropriate matter to be sent to an early mediation.
Hearing required.
Tentative Ruling for February 6, 2018:
Court will not keep a settled adversary open for 14 months. Either the Court can dismiss the action, reserving jurisdiction to vacate the dismissal and enter a judgment in the event of a default or the court can enter a judgment now that the plaintiff stipulates will not be enforced so long as certain payments are made.
2/8/18 -- Court approved scheduling order with following dates (time of hearing different from time given to parties at hearing; court dark on afterrnoon of April 24):
Cont'd status conference -- April 24, 2018 at 11:00 a.m.
11:00 AM
L/D to file joint status report -- April 10, 2018
L/D to lodge order appointing mediator -- March 6, 2018 L/D to complete mediation -- April 24, 2018
MOVED TO 11:00 A.M. CALENDAR.
OFF CALENDAR. ACTION DISMISSED.
Debtor(s):
Chunming Li Represented By
Maria W Tam
Defendant(s):
Chunming Li Represented By
Maria W Tam
Plaintiff(s):
M2 Lease Funds, LLC Represented By Andrew K Alper
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Adv#: 2:17-01463 Blue Bridge Financial, LLC v. Li
fr. 11-7-17, 2-6-18
Docket 1
NONE LISTED -
Has this matter been settled too? If not, continue status conference approximately 90 to 120 days and order parties to complete a day of mediation prior to date of continued status conference.
2/8/18 -- Court approved scheduling order with following dates (time of hearing different from time given to parties at hearing; court dark on afterrnoon of April 24):
Cont'd status conference -- April 24, 2018 at 11:00 a.m. L/D to file joint status report -- April 10, 2018
L/D to lodge order appointing mediator -- March 6, 2018 L/D to complete mediation -- April 24, 2018
MOVED TO 11:00 A.M. CALENDAR.
3/23/18 -- Court approved stipulation dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Chunming Li Represented By
Maria W Tam
11:00 AM
Defendant(s):
Chunming Li Represented By
Maria W Tam
Plaintiff(s):
Blue Bridge Financial, LLC Represented By Andrew K Alper Maria W Tam
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Adv#: 2:17-01481 Leslie v. Solis et al
Docket 11
NONE LISTED -
Tentative Ruling for March 20, 2018:
Motion has not been opposed and Solis has not contested that the bins were part of the sale and should be turned over. Grant motion insofar as it requests an order compelling turnover of the bins to the buyer.
With regard to the trucks, isn't this motion in substance a motion for summary judgment or partial summary adjudication of issues? And, if so, movant needs to comply with applicable procedural rules for such a motion. Further, exhibits (photos) are entirely black. Court cannot determine what is depicted in the photos.
Final Ruling for March 20, 2018 (see order entered March 22, 2018 for more details): Grant motion as to bins. Continue hearing to April 24, 2018 at 2:00
p.m. (moved to 11:00 a.m.) with regard to balance of relief requested.
Tentative Ruling for April 24, 2018:
What, if anything, has transpired since last hearing? Were bins turned over? Have the parties succeeded in narrowing the issues that remained as of the last hearing?
11:00 AM
Debtor(s):
West Coast Recycling Services, Inc. Represented By
James D. Hornbuckle
Defendant(s):
Alfredo Solis Represented By
James D. Hornbuckle
Mission Recycling, Inc., a California Represented By
James D. Hornbuckle
Movant(s):
Sam S. Leslie Represented By
Christian T Kim James A Dumas Jr
Sam S Leslie (TR) Represented By James A Dumas Jr
Plaintiff(s):
Sam S. Leslie Represented By
Christian T Kim James A Dumas Jr
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim James A Dumas Jr
11:00 AM
Adv#: 2:17-01015 Gonzalez, Chapter 7 Trustee v. Creditors Specialty Service of Nevada, Inc.,
Docket 108
NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Creditors Specialty Service, Inc. Represented By Neil C Evans
Defendant(s):
Creditors Specialty Service of Pro Se Creditors Specialty Service, Inc., a Represented By
Neil C Evans
Charles V. Stanley, an individual Pro Se
Does 1 - 15 Pro Se
Movant(s):
DLI Properties, LLC Represented By Harris L Cohen
Plaintiff(s):
Rosendo Gonzalez, Chapter 7 Represented By Jessica L Bagdanov David Seror
11:00 AM
Trustee(s):
Rosendo Gonzalez (TR) Represented By David Seror
Jessica L Bagdanov Talin Keshishian
2:00 PM
Adv#: 2:17-01370 Miller in her Capacity as Chapter 7 Trustee v. Bearbiz Irrevocable Trust et al
Supreme Studios, Gertrude Fox fr. 10-3-17, 10-17-17, 1-30-18
Docket 1
2/2/18 - Notice of rescheduled hearing mailed to parties. Hearing has been
rescheduled to 11am.
Revisit status after conclusion of hearings on related matters.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Defendant(s):
Bearbiz Irrevocable Trust Represented By Johnny White
Theodore Fox Represented By Johnny White Simon Aron
Supreme Studios Represented By Johnny White
GERTRUDE FOX Represented By
2:00 PM
Michael D Dempsey
Plaintiff(s):
Elissa Miller in her Capacity as Represented By Ryan D ODea
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Adv#: 2:17-01481 Leslie v. Solis et al
Docket 11
NONE LISTED -
Motion has not been opposed and Solis has not contested that the bins were part of the sale and should be turned over. Grant motion insofar as it requests an order compelling turnover of the bins to the buyer.
With regard to the trucks, isn't this motion in substance a motion for summary judgment or partial summary adjudication of issues? And, if so, movant needs to comply with applicable procedural rules for such a motion. Further, exhibits (photos) are entirely black. Court cannot determine what is depicted in the photos.
Debtor(s):
West Coast Recycling Services, Inc. Represented By
James D. Hornbuckle
Defendant(s):
Alfredo Solis Represented By
James D. Hornbuckle
Mission Recycling, Inc., a California Represented By
James D. Hornbuckle
Movant(s):
Sam S. Leslie Represented By
2:00 PM
Christian T Kim James A Dumas Jr
Sam S Leslie (TR) Represented By James A Dumas Jr
Plaintiff(s):
Sam S. Leslie Represented By
Christian T Kim James A Dumas Jr
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim James A Dumas Jr
2:00 PM
Adv#: 2:17-01462 M2 Lease Funds, LLC v. Li
fr. 11-7-17, 2-6-18
Docket 1
NONE LISTED -
Tentative Ruling for November 7, 2017:
What is going on with the ingot machine? Was it picked up? If so, how does this impact this action.
Discuss with the parties whether this is an appropriate matter to be sent to an early mediation.
Hearing required.
Tentative Ruling for February 6, 2018:
Court will not keep a settled adversary open for 14 months. Either the Court can dismiss the action, reserving jurisdiction to vacate the dismissal and enter a judgment in the event of a default or the court can enter a judgment now that the plaintiff stipulates will not be enforced so long as certain payments are made.
2/8/18 -- Court approved scheduling order with following dates (time of hearing different from time given to parties at hearing; court dark on afterrnoon of April 24):
Cont'd status conference -- April 24, 2018 at 11:00 a.m.
2:00 PM
L/D to file joint status report -- April 10, 2018
L/D to lodge order appointing mediator -- March 6, 2018 L/D to complete mediation -- April 24, 2018
MOVED TO 11:00 A.M. CALENDAR.
Debtor(s):
Chunming Li Represented By
Maria W Tam
Defendant(s):
Chunming Li Represented By
Maria W Tam
Plaintiff(s):
M2 Lease Funds, LLC Represented By Andrew K Alper
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:17-01463 Blue Bridge Financial, LLC v. Li
fr. 11-7-17, 2-6-18
Docket 1
NONE LISTED -
Has this matter been settled too? If not, continue status conference approximately 90 to 120 days and order parties to complete a day of mediation prior to date of continued status conference.
2/8/18 -- Court approved scheduling order with following dates (time of hearing different from time given to parties at hearing; court dark on afterrnoon of April 24):
Cont'd status conference -- April 24, 2018 at 11:00 a.m. L/D to file joint status report -- April 10, 2018
L/D to lodge order appointing mediator -- March 6, 2018 L/D to complete mediation -- April 24, 2018
MOVED TO 11:00 A.M. CALENDAR.
Debtor(s):
Chunming Li Represented By
Maria W Tam
Defendant(s):
Chunming Li Represented By
Maria W Tam
2:00 PM
Plaintiff(s):
Blue Bridge Financial, LLC Represented By Andrew K Alper Maria W Tam
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 15
NONE LISTED -
Credit counseling course was taken more than 180 days before bankruptcy filing. Debtor is ineligible to be a debtor in bankruptcy. Dismiss case.
Debtor(s):
Desiree Yvonne Buck Pro Se
Joint Debtor(s):
Kenneth Durrell Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 21
NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Salvador Bermudez Represented By Richard P Petersen
Joint Debtor(s):
Deborah Lynn Bermudez Represented By Richard P Petersen
Movant(s):
Ally Bank Represented By
Brenda Groschen
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 20
NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Jose Joaquin Leiva Represented By Herbert N Wiggins
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Docket 10
NONE LISTED -
Grant motion. Dismiss case.
Debtor(s):
Myron Hale Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 26
NONE LISTED -
Motion is an amended version of motion filed January 16, 2018 (Docket No. 17) that was timely. Grant motion for order compelling attendance at 2004 examination and 60-day extension of time to file 523 action.
Debtor(s):
Juana Herminia Marroquin-Herrera Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 54
NONE LISTED -
Court will not direct EWB to "withdraw" the stipulation, but the parties can stipulate now that the preliminary injunction created pursuant to the stipulation may be terminated. Is EWB willing to agree to this?
Hearing required.
Debtor(s):
Gary Meek Represented By
Jeremy Faith
Trustee(s):
Richard K Diamond (TR) Represented By Elissa Miller Steven Werth
10:00 AM
Docket 195
4/23/18 - Elissa Miller, (213)626-2311, has been approved for telephonic appearance on 4/25/18 @ 10am.
Court set this matter for hearing to be sure that the relief granted was clear and that any bar date notice was not confusing. There should be a bar date for filing requests for payment of chapter 11 expenses of administration.
Does the trustee also want a bar date set for chapter 7 expenses of administration? The descriptions contained in the motion of the claims not subject to the bar date are confusing. Discuss with the parties what trustee is attempting to accomplish and how best to describe this in any order lodged and any notice served.
Debtor(s):
Shepherd University Represented By Jaenam J Coe
Trustee(s):
Bradley D. Sharp (TR) Represented By Elissa Miller
10:00 AM
fr. 3-20-18
Docket 34
4/23/18 - Jessica Bagdanov, (818)827-9000, has been approved for telephonic appearance on 4/25/18 @ 10am.
Tentative Ruling for March 20, 2018:
Court does not understand what the trustee is trying to say with regard to the propriety of selling this property free and clear of liens under section 363(f)(5). Additional clarification is required.
Provided trustee can articulate a basis for a sale free and clear (and/or that the secured creditors consent to the sale), and provided further that notice and marketing efforts have been adequate under the circumstances, grant portion of motion that seeks authority to sell property subject to overbid.
Continue hearing on balance of relief sought by motion to provide a meaningful opportunity for affected parties to respond to the motion. There is no urgency to the trustee's request to surcharge the lender's collateral for all of his administrative expenses and an amount sufficient to free up a 20 of the proceeds for unsecured creditors. That should not be heard on an emergency basis. In the interim, sales proceeds may be held pending further order of the court.
What is the trustee's response to the positions advanced in the landlord's limited opposition?
10:00 AM
Final Ruling for March 20, 2018 (order entered March 26, 2018; amended
order entered April 17, 2018):
Grant motion to the extent that trustee seeks authority to sell property. Continue hearing on surcharge request to April 25, 2018 at 10:00 a.m. Oppositions will be due by April 11, 2018. Replies will be due by April 18, 2018. City is authorized to put up fencing and give key/access to trustee. Trustee is to provide correct insurance and procure more if required. Trustee should file and serve a supplement to this motion, clarifying how much the trustee is seeking to surcharge collateral, not later than March 30, 2018. By April 18, 2018, Trustee should either obtain consent/acknolwedgment in writing from secured creditors as to which collateral is free and clear of tax liens or commence an adversary proceeding to obtain such a determination. (Court needs an adversary proceeding to adjudicate extent, validity, priority of liens if there is no consensus among the parties.)
Tentative Ruling for April 25, 2018:
Court appreciates the efforts to which counsel has gone to obtain clarification from the lienholders, but the emails attached to the supplement are largely meaningless without the attachments to which they refer. For example, although the Exhibit 2 cite CCP 697.530 and subpart (d)(1) thereof, it concludes with the statement, "In reviewing the list of purchased items, it appears that Sherwin's JL-1 would cover any and all such items listed." Were the vehicles on this list? If so, it appears that, notwithstanding the language of section 697.530(d)(1), Sherwin is claiming an interest in the vehicles.
Further, the EDD's email says, "EDD will not be asserting any interest in the non-titled items on the included Listing of Purchased Assets." What about the "titled" assets? Does the list of purchased assets include a section called, "Non-titled items"?
Exhibits 5, 6 and 7 seem more clear. These creditors appear to be saying that they claim a lien against everything other than any vehicles that have to be registered with the DMV.
10:00 AM
In Exhibit 8 and 9, the LA County tax collector and the IRS appear to be saying that their liens do not attach to any of the items sold. The FTB appears to be saying in Exhibit 10 that it does not have any liens.
Where do we stand with regard to consummation of the sale and the trustee's attempt to surcharge the lender's collateral?
Hearing required.
Debtor(s):
California Sandblasting & Coating, Represented By
Alan F Broidy
Trustee(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
10:00 AM
Docket 32
NONE LISTED -
Use of cash collateral to maintain property and pay operating expenses is required by adequate protection. If creditor wants monthly payments, it should move for relief from stay or negotiate such an arrangement with debtor. Creditor has not established that this is required for adequate protection. Court agrees that cash collateral should not be used to pay professional fees or UST fees.
Authorize debtor to use cash collateral generated by property solely for the purpose of paying insurance, real property taxes, operating expenses and mortgage with regard to that property. Any excess rents shall be held in a segregated, interest-bearing account. All lenders shall receive replacement lien on post-petition rents to secure the diminution in value of their prepetition collateral. Post-petition liens shall have the same validity and priority as prepetition liens.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle J Lindsey
10:00 AM
Docket 16
NONE LISTED -
Has the debtor made progress with regard to compliance issues? Hearing required.
Debtor(s):
Essence Business Group, Inc. Represented By Thomas B Ure
10:00 AM
Docket 1
4/24/18 - Scheduling and Case Management Conference in the other 2 related Chapter 11 Cases are set for: MAY 30, 2018 @ 10AM
Set deadline for service of notice of bar date and bar date.
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
Movant(s):
RH BBQ, Inc Represented By
Jaenam J Coe Jaenam J Coe
10:00 AM
Docket 1
4/24/18 - Scheduling and Case Management Conference in the other 2 related Chapter 11 Cases are set for: MAY 30, 2018 @ 10AM
Set deadline for service of notice of bar date and bar date.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
10:00 AM
Approving The Sale Of The Debtors Real Property Free And Clear Of All Liens, Claims, Encumbrances, And Interests, With The Exception Of Enumerated Exclusions, Subject To Overbid,
Finding That The Buyer Is Good Faith Purchaser,
Approving Bidding Procedures
Waiving The Fourteen-Day Stay Period Set Forth In Bankruptcy Rule 6004 (H)
Docket 91
NONE LISTED -
Approve stipulation with secured creditor. Grant motion. Approve sale to highest bidder.
Debtor(s):
Veronica Cazarez Represented By Martin J Brill Todd M Arnold Lindsey L Smith
10:00 AM
Docket 83
NONE LISTED -
Debtor purports to have a signed agreement for the sale of the property and represents that it will be filing a sale motion within the week. It is unclear why counsel could not have drafted the motion earlier so that it would have been ready to file as soon as the agreement was signed.
Continue the hearing on the OSC to March 28, 2018 at 10:30 a.m. Court will convert case to chapter 7 if debtor has not filed and served a sale motion by that date. OFF CALENDAR FOR MARCH 21, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for March 28, 2018:
Continue hearing to April 25, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of sale. OFF CALENDAR FOR MARCH 28, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for April 25, 2018:
Provided court approves sale, discuss with debtor how she intends to proceed after the sale and continue case status conference to a date after which sale should have closed.
Debtor(s):
Veronica Cazarez Represented By
10:00 AM
Martin J Brill Todd M Arnold Lindsey L Smith
10:00 AM
Docket 1
NONE LISTED -
6/20/17 -- Court signed order setting bar date of August 11, 2017 and directing debtor to file and serve bar date notice not later than June 27, 2017.
Tentative Ruling for July 12, 2017:
Does the debtor own an interest in her employer, Cyrene? Even if she succeeds in getting a lump sum payment from her employer in the near future that permits her to resolve her present financial crisis, according to the status report, she has received only sporadic income from her employer since 2012. Is there any reason to believe that her income from this employer is likely to become more regular in the near future? If not, how does the debtor hope to avoid the reoccurrence of financial problems after the case is dismissed or a plan is confirmed?
Hearing required.
7/14/17 -- Court signed order setting December 15, 2017 as the last day to file a plan and disclosure statement.
Tentative Ruling for October 18, 2017:
Court agrees that it is time for the debtor to sell her real property. If she fails to move forward promptly with a sale procedure, the court will convert the case. When does the debtor anticipate filing her application to employ a
10:00 AM
broker?
Final Ruling for October 18, 2017:
Continue status conference to January 31, 2018 at 2:00 p.m. Court will waive the requirement that debtor file an updated status report if it is having a hearing on a disclosure statement concurrently with the January 31, 2018 status conference. Otherwise, debtor should file and serve a status report by January 19, 2018.
Tentative Ruling for January 31, 2018:
No plan has been filed. Debtor disregarded court's direction to list property immediately rather than waiting until after the holiday season. Instead, debtor deferred listing property until January 18 and sought an extension of the deadline to file a plan. The court granted that motion in part and extended deadline for filing plan and disclosure statement to March 9, 2018.
According to the case status report, debtor still is not earning any income from her employment at Cyrene as the company has not yet closed a transaction. How is the debtor paying her living expenses? What other sources of cash does the debtor have? Who is paying her living expenses?
Why should this case remain in chapter 11 at all if debtor has no income. Property can just as easily be sold in chapter 7.
Hearing required.
Tentative Ruling for March 21, 2018:
Continue status conference to March 28, 2018 at 10:30 a.m. to be heard concurrently with continued hearing on order to show cause re conversion or dismissal.
Tentative Ruling for March 28, 2018:
10:00 AM
Continue hearing to April 25, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of sale. OFF CALENDAR FOR MARCH 28, 2018. NO APPEARANCE REQUIRED.
4/2/18 -- Court granted debtor's motion to extend deadline for filing plan and disclosure statement to June 7, 2018.
Tentative Ruling for April 25, 2018:
Revisit motion after conclusion of hearing on motion for approval of sale.
Debtor(s):
Veronica Cazarez Represented By Martin J Brill Todd M Arnold
10:00 AM
#16.00 Liquidating Trustee's Omnibus Objection to Claims for Salesforce.com, Inc. - Claim no. 292; Yahoo! - Claim no. 272 ONLY from hearing held on 4/4//18:
fr. 1-31-18, 4-4-18
Claim No. Claimant:
160 Alliance Apparel Group, Inc.
255 Amber Grapentin
289 Andersen Tax, LLC. - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
31 Cape Robbin
140 Chambong Industries, LLC.
223 Conetempo Card Company, Inc.
275 Dina Benmoshe
274 Farfetch.com US, LLC.
181 Luv AJ, LLC.
248 Lyst Limited
321 National Union Fire Insurance Company of Pittsburgh
343 Odilza Vital
349 Printfresh, LLC. dba PF Vintage
224 Reward Style, Inc.
10:00 AM
292 Salesforce.com, Inc.
201 Shine Papers
71 So It Goes The Label
310 State Board of Equalization of California
318 Steps Apparel Group, Inc.
134 T&S Clothing, LC
176 The Book Cellar
261 Thrive Capital Partners, II, L.P.
155 Venroy Australia, LLC.
272 Yahoo!
202 American Express Travel Related Services Company, Inc
156 Arzz International, Inc. dba Schultz
30 Bagatelle International, Inc.
304 Bestseller Wholesale US, LLC.
253 B-Low The Belt
323 EKSD, Inc.
333 Envista, LLC.
158 Florii, Inc. dba ICCO
147 House of Zhivago PTY, LTD.
10:00 AM
65 JC Trimming Company, Inc.
267 Les Modes How Intl.
166 Love + Harmony, Inc.
38 Loveriche
319 Lucy Paris
133 Lux Los Angeles
193 Nesco Resource, LLC.
279 New Merit Apparel, Inc.
334 Nouveau Fabrics, Inc.
265 Premier Packaging, LLC.
63 Rustin and Mallory Wholesale LTD.
175 Scotch & Soda Export B.V.
105 Shoeboos LTD.
157 Six Crisp Days, Inc.
219 Systems Integration Specialists, Inc.
73 The Line-6ix, Inc.
90 Urge Footwear
10 Western Fashion, Inc.
10:00 AM
Docket 964
- NONE LISTED -
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 193, 202 and 219 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claim no. 319 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/29/18 -- Objections to claims 289 has been withdrawn. Tentative Ruling for January 31, 2018:
Claimant agrees that "claim" no. 261 is a proof of interest. Continue hearing on the objection to this claim for parties to agree upon form of order on objection.
Sustain objections to, and disallow, the following claims in their entirety: Claim nos:
160
255
289
31
140
10:00 AM
223
275
274
181
248
321
343
349
224
292
201
71
310
318
134
176
155
272
Sustain objections to, and disallow, the claims on Exhibit B to proposed order to the extent that they exceed the amounts set forth on Exhibit B, except for claim nos. 202, 147, 319, 193 and 219.
4/2/18 -- Court approved stipulation continuing hearings on objections to claim nos. 272 and 292 to April 25, 2018 at 10:00 a.m.
4/15/18 -- Court continued hearings on objections to claim nos. 242, 272 and 292 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 25, 2018.
10:00 AM
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 1-31-18, 4-4-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
10:00 AM
136 H & D Accessories
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC. - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC. - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
10:00 AM
205 Rehab
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
- NONE LISTED -
10:00 AM
1/19/18 -- Court approved stipulation continuing hearing on objection to claim no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/29/18 -- Movant has withdrawn objections to claim nos. 2, 335 and 123. Tentative Ruling for January 31, 2018:
Has debtor explored whether there are any affirmative defenses available to the holders of these claims? Are any of these ordinary course payments?
Are there any new value defenses? Has anyone made demand on any of these parties to return the allegedly preferential transfers? Does the debtor intend to pursue any of these transfers? If not, why not?
Hearing required.
Tentative Ruling for April 4, 2018:
What is the status of the reorganized debtor's objections to claim nos. 184 and 185? Have all other objections been resolved? Hearing required.
4/3/18 -- Court approved stipulation continuing hearings on objections to claims 184 and 185 to April 25, 2018 at 10:00 a.m. OFF CALENDAR FOR
APRIL 4, 2018. NO APPEARANCE REQUIRED.
4/23/18 -- Court approved stipulation continuing hearings on objections to claims 184 and 185 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR
APRIL 24, 2018. NO APPEARANCE REQUIRED.
10:00 AM
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
Salesforce.com, Inc. and Yahoo!, Inc. Only - Claim Nos. 242, 272 and 292 by Stipulation/Order:
fr. 4-4-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
10:00 AM
136 H & D Accessories
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
10:00 AM
205 Rehab
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
- NONE LISTED -
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
10:00 AM
no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
4/2/18 -- Court approved stipulation to continuing hearing on objection to claim no. 242 to April 25, 2018 at 10:00 a.m.
AS ALL PENDING OBJECTIONS HAVE NOW BEEN RESOLVED OR CONTINUED, OFF CALENDAR FOR APRIL 4, 2018.
4/15/18 -- Court continued hearings on objections to claim nos. 242, 272 and 292 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 25, 2018.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 4-4-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
136 H & D Accessories
10:00 AM
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
205 Rehab
10:00 AM
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
4/11/18 - Michael Binning, (562)436-1502, has been approved for telephonic appearance on 4/25/18 @ 10am
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
10:00 AM
no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
2/6/18 -- Court approved stipulated form of order resolving objection to claim no. 6.
3/23/18 -- Court approved stipulation continuing hearing on objectio to claim no. 219 to April 25, 2018 at 10:00 a.m.
4/23/18 -- Court approved stipulation continuing hearings on objection to claim 219 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 24, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 1-31-18, 4-4-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
136 H & D Accessories
10:00 AM
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
205 Rehab
10:00 AM
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
- NONE LISTED -
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
10:00 AM
no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
3/23/18 -- Court approved stipulation continuing hearing on objectio to claim no. 148 to April 25, 2018 at 10:00 a.m.
4/13/18 -- Court approved order continuing hearing on objection to claim no. 148 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 25, 2018.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
Docket 1039
- NONE LISTED -
Discuss status, timing and interrelationship of motions with the parties. Based on the limited information that the Court has acquired to date, court's initial inclination is to resolve the discovery motion first and thereafter the compromise motion. If the Committee succeeds in persuading the Court that the compromise should not be approved, depending on the basis for that ruling, court may be inclined to grant standing motion.
Debtor(s):
Gardens Regional Hospital and Represented By Samuel R Maizel John A Moe
Movant(s):
OFFICIAL COMMITTEE OF Represented By Andrew H Sherman Jeffrey I Golden Anthony Bisconti Steven J. Katzman Anne A Uyeda
OFFICIAL COMMITTEE OF Represented By
Boris I Mankovetskiy Anthony Bisconti Jeffrey I Golden
10:00 AM
Andrew H Sherman Anne A Uyeda
10:00 AM
Docket 1093
- NONE LISTED -
See tentative ruling for matter no. 21.
Debtor(s):
Gardens Regional Hospital and Represented By Samuel R Maizel John A Moe
Movant(s):
OFFICIAL COMMITTEE OF Represented By Andrew H Sherman Jeffrey I Golden Anthony Bisconti Steven J. Katzman Anne A Uyeda
OFFICIAL COMMITTEE OF Represented By
Boris I Mankovetskiy Anthony Bisconti Jeffrey I Golden Andrew H Sherman Anne A Uyeda
10:00 AM
Docket 1106
- NONE LISTED -
See tentative ruling for matter no. 21.
Debtor(s):
Gardens Regional Hospital and Represented By Samuel R Maizel John A Moe
Movant(s):
Gardens Regional Hospital and Represented By Samuel R Maizel Samuel R Maizel John A Moe John A Moe
Gardens Regional Hospital and Represented By Reed M Mercado
11:00 AM
Docket 60
4/23/18 - Uzzi Raanan, (310)277-0077, has bean approved for telephonic appearance on 4/25/18 @ 11am
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Felipe J Vasquez Represented By Harry Holmes
Trustee(s):
Richard K Diamond (TR) Pro Se
11:00 AM
Docket 81
- NONE LISTED -
What is the "other fee" of $3,810.81 paid to the debtor? Hearing required.
Debtor(s):
Anthony Donkor Represented By Charles U Odiase
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
Docket 244
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
John C Garza Represented By
Michael A Younge
11:00 AM
Docket 332
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Pamela Rae Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
John J Menchaca Represented By Aram Ordubegian
M Douglas Flahaut Sevan Gorginian
11:00 AM
Docket 37
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Jason Christopher Broderick Represented By John Akopian
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
[Fees requested: $39,847.50, Expenses: $60.35]
Docket 1002
- NONE LISTED -
Grant application. Allow on interim basis fees of $39,847.50 and costs of $60.35. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
11:00 AM
Docket 1004
- NONE LISTED -
Grant application. Allow on interim basis fees of $131,400 and costs of $348.64. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
11:00 AM
[Fees requested: $210,643.50, Expenses: $5,161.92]
Docket 1006
- NONE LISTED -
Grant application. Allow on interim basis fees of $210,643.50 and costs of $5,161.92. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
11:00 AM
Docket 1007
- NONE LISTED -
Grant application. Allow on interim basis fees of $183,042.75 and costs of $8,950.93. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
11:00 AM
[Fees requested: $5,975.00, Expenses: $0]
Docket 1009
- NONE LISTED -
Grant application. Allow on interim basis fees of $5,975. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
11:00 AM
[Fees requested: $44,000.00, Expenses: $0.]
Docket 1010
- NONE LISTED -
Grant application. Allow on interim basis fees of $44,000. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
11:00 AM
Docket 1011
- NONE LISTED -
Grant application. Allow on interim basis fees of $286,476.88 and costs of $611.86. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
11:00 AM
Adv#: 2:12-01858 Okhrimovski v. Okhrimovskaya
fr. 9-11-12, 12-18-12, 2-26-13, 4-16-13, 6-11-13, 9-10-13, 1-14-14, 4-29-14, 7-
29-14, 9-2-14, 11-4-14, 3-31-15, 10-6-15, 2-2-16, 5-10-16, 11-15-16, 11-30-16,
6-6-17, 10-17-17, 1-23-18
Docket 1
- NONE LISTED -
Court agrees that a general denial is not permissible in federal court. Set new deadline for defendant to file response to complaint. Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
9/21/12 -- Court signed order setting following dates:
Cont'd status conference -- December 18, 2012 at 2 L/D to file joint status report -- December 4, 2012 L/D to complete mediation -- December 18, 2012
L/D to lodge order appointing mediator -- October 9, 2012
L/D for defendant to file an amdned answer with specific denials and admissions -- October 9, 2012
9/21/12 -- Court issued OSC why defendant's answer should not be stricken and a default entered if the defendant fails to file an answer with specific denials and admissions by October 9, 2012. Hearing on OSC for December 18, 2012 at 2.
10/10/12 -- Court signed order appointing mediators.
11:00 AM
Tentative Ruling for December 18, 2012:
Continue status conference to January 15, 2013 at 2:00 p.m. to be heard concurrently with plaintiff's motion to dismiss counterclaim. Parties should conduct mediation as previously ordered by the Court. If parties need to lodge an order appointing additional mediators, they should do so and should be prepared to explain at the status conference why they have not taken steps to participate in mediation as previously directed by the Court in a diligent manner.
3/28/13 -- Court signed order approving stipulation continuing response and briefing deadlines and status conference to June 11, 2013 (not May 28) at 2:00 p.m. OFF CALENDAR FOR APRIL 16, 2013. NO APPEARANCE REQUIRED.
5/29/13 -- Court signed order approving stipulation continuing response and briefing deadlines and status conference to September 10, 2013 at 2:00 p.m. OFF CALENDAR FOR JUNE 11, 2013. NO APPEARANCE REQUIRED.
8/28/13 -- Court signed order approving stipulation continuing response and briefing deadlines and status conference to January 14, 2014 at 2:00 p.m. OFF CALENDAR FOR SEPTEMER 10, 2013. NO APPEARANCE REQUIRED.
1/7/14 -- Court signed order approving stipulation continuing response and briefing deadlines and hearing on motion to dismiss to April 29, 2014 at 2:00
p.m. OFF CALENDAR FOR JANUARY 14, 2014. NO APPEARANCE REQUIRED.
4/16/14 -- Court signed order approving stipulation continuing response and briefing deadlines and hearing on motion to dismiss to July 29, 2014 at 2:00
p.m. OFF CALENDAR FOR APRIL 29, 2014. NO APPEARANCE REQUIRED.
10/24/14 -- Court signed order approving stipulation continuing response and briefing deadlines and hearing on motion to dismiss to March 31, 2015 at
11:00 AM
2:00 p.m. OFF CALENDAR FOR NOVEMBER 4, 2014. NO APPEARANCE REQUIRED.
3/18/15 -- Court signed order approving stipulation continuing response and briefing deadlines and hearing on motion to dismiss to October 6, 2015 at 2:00 p.m. OFF CALENDAR FOR MARCH 31, 2015. NO APPEARANCE REQUIRED.
10/2/15 -- Court signed order approving stipulation continuing response and briefing deadlines and hearing on motion to dismiss to February 2, 2016 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 6, 2015. NO APPEARANCE REQUIRED.
1/25/16 -- Court signed stipulation continuing hearing to May 10, 2016 at 2 pm. OFF CALENDAR FOR FEBRUARY 2, 2016.
Tentative Ruling for May 10, 2016:
Revisit status of action after conclusion of hearing on motion to dismiss.
11/3/16 -- Court approved stipulation continuing status conference to November 30, 2016 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for November 30, 2016:
Per this court's local local rule, parties may not self-calendar motions for reconsideration. Hearing on motion for reconsideration has been taken off calendar. Court reviewed the parties' papers with regard to disputes concerning the form of the order and was satisfied with the order that it entered.
Provided the Court denies the motion for reconsideration, what, if anything, remains of this adversary proceeding? Hearing required.
5/24/17 -- Court approved stipulation continuing hearing to October 17, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 6, 2017.
11:00 AM
10/12/17 -- Court approved stipulation continuing hearing to JANUARY 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 17, 2017.
1/16/18 -- Court approved stipulation continuing hearing to April 25, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 23, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for April 25, 2018:
According to the parties' status report, the state court has adjudicated the parties' respective rights and obligations under state law and that adjudication has been affirmed on appeal. Is that correct? What claims remain to be resolved in this action? Which party plans to file a motion for summary adjudication and on what issues?
Hearing required.
Debtor(s):
Vsevolod Okhrimovski Represented By
Blake J Lindemann
Defendant(s):
Dina Okhrimovskaya Represented By
Aslan Khodorovsky
Plaintiff(s):
Vsevolod Okhrimovski Represented By
Blake J Lindemann
11:00 AM
Docket 1
- NONE LISTED -
Set deadline for serving notice of bar date and bar date. Continue case status conference to a date after bar date. Set deadline for filing updated status report. Court will set deadline for filing plan and disclosure statement at continued status conference. Discuss with debtor what needs to happen before plan of reorganization can be filed.
1/26/18 -- Court signed scheduling order setting following dates: L/D for serving notice of bar date -- January 31, 2018
Bar date -- March 16, 2018
Cont'd status conference -- April 25, 2018 at 11 L/D to file updated status report -- April 13, 2018
Tentative Ruling for April 25, 2018:
Court notes that the proposed compromise with Georges includes releases for the debtor's parents, Sarkis and Alice Manjikian. How can the debtor be relied upon to act in the best interest of creditors of his estate in connection with negotiations with his parents? Discuss with debtor possible structures for the handling of this negotiation. Set deadline for filing plan and disclosure statement.
Debtor(s):
Viken Manjikian Represented By
11:00 AM
Daniel J Weintraub
11:00 AM
fr. 9-28-16, 1-11-17, 1-24-17, 3-29-17, 6-7-17, 8-15-17, 9-7-17, 11-29-17, 1-10-
18
Docket 1
- NONE LISTED -
Set bar date and deadline for serving notice of bar date. Continue case status conference for approximately 30 days.
10/4/16 -- Court signed order setting following dates:
L/D to serve notice of bar date -- October 5, 2016 Bar date -- November 18, 2016
Cont'd case status conference -- January 11, 2017 at 11:00 a.m.
L/D to file updated status report -- December 23, 2016 Tentative Ruling for January 11, 2017:
Continue case status conference to January 24, 2017 at 2:00 p.m. to be heard concurrently with related litigation. APPEARANCES WAIVED ON JANUARY 11, 2017. (Debtor need not file updated status report for January 24 status conference.)
Tentative Ruling for January 24, 2017:
Discuss with debtor whetheri it is possible for it to propose and confirm a plan of reorganization prior to the resolution of the pending litigation. Hearing required.
Tentative Ruling for March 29, 2017:
11:00 AM
What, if anything, has transpired since last status conference? Are there continuing business operations, and, if so, how is the debtor's business doing? Hearing required.
Tentative Ruling for June 7, 2017:
Court waived the requirement that an updated status report be filed. What, if anything, has transpired since the last status conference? Hearing required.
Tentative Ruling for August 15, 2017:
Court granted unilateral motion for a continuance and continued hearing on Anti-SLAPP motion to September 7, 2017 at 10:00 a.m. Continue case status conference to same date and time so that it may be heard concurrently with adversary proceeding. OFF CALENDAR FOR AUGUST 15, 2017.
Tentative Ruling for September 7, 2017:
Revisit status of case after conclusion of hearing on related matters.
Tentative Ruling for January 10, 2018:
The court waived the requirement that an updated status report be filed. What is the status of this matter? What, if anything, has happened since last status conference? When will the debtor be in a position to propose a chapter 11 plan? Hearing required.
Tentative Ruling for April 25, 2018:
Is the debtor conducting any business other than attempting to collect on accounts that had formerly been paying money (or refusing to pay money) to Kamana? Is there really enough of a business here to reorganize? Hearing required.
Debtor(s):
Lite Solar Corp. Represented By
11:00 AM
Leslie A Cohen
11:00 AM
Adv#: 2:16-01349 Lite Solar Corp. v. KAMANA O'KALA, LLC et al
fr. 10-4-16, 1-24-17, 3-29-17, 6-7-17, 8-15-17, 9-7-17, 11-29-17, 1-10-18
Docket 1
- NONE LISTED -
Final Ruling from October 4, 2016:
Set discovery cutoff of March 1, 2017. Continue status conference to January 24, 2017 at 2:00 p.m. Parties are to file joint status report by January 10, 2017.
Tentative Ruling for January 24, 2017:
Have discovery responses been received? Has the Oregon district court ruled on the transfer and remand motions?
Hearing required.
1/25/17 -- Court signed scheduling order continuing discovery cutoff to April 17, 2017.
3/16/17 -- Court signed scheduling order continuing discovery cutoff to May 31, 2017.
Tentative Ruling for March 29, 2017:
Discuss with parties what should become of this litigation if the district court accepts the recommendation of the magistrate judge and remands the related
11:00 AM
litigation to Oregon state court?
5/3/17 -- Court approved stipulation continuing hearing to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 7, 2017:
What is the status of this matter? What progress has been made toward consolidating the various pending actions among the parties?
8/3/17 -- Court granted unilateral motion for a continuance and continued hearing on Anti-SLAPP motion to September 7, 2017 at 10:00 a.m. Court continued status conference to same date and time in that order. OFF CALENDAR FOR AUGUST 15, 2017.
8/4/17 -- Court approved stipulation extending discovery cutoff to October 31, 2017.
Tentative Ruling for September 7, 2017:
Revisit status of case after conclusion of hearing on related matters.
11/1/17 -- Court granted ex parte motion continuing discovery cutoff to January 1, 2018.
Tentative Ruling for November 29, 2017:
What, if anything, has transpired since the last status conference? Is defendant Schellerup still in bankruptcy? Hearing required.
Tentative Ruling for April 25, 2018:
The court waived the requirement that an updated status report be filed. What is the status of this matter? What, if anything, has happened since last status conference? Hearing required.
11:00 AM
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen
Defendant(s):
KAMANA O'KALA, LLC Represented By Paul B George
SreeVamshi C Reddy
Patrick Schellerup Represented By Paul B George
SreeVamshi C Reddy
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
11:00 AM
fr. 3-09-16, 4-13-16, 6-8-16, 6-29-16, 8-31-16, 9-6-16, 9-28-16, 12-7-16, 1-25-
17, 2-16-17, 4-12-17, 4-26-17, 5-3-17, 6-28-17, 7-12-17, 9-13-17, 11-15-17, 12-
13-17
Docket 1
4/23/18 - James Tiemstra, (510)987-8000, has been approved for telephonic appearance on 4/25/18 @ 11am.
3/14/16 -- Court signed scheduling order setting following dates:
L/D to serve notice of bar date -- March 29, 2016 Bar date -- May 20, 2016
Cont'd status conference -- April 13, 2016 at 2:00 p.m.
Court waived requirement of a written status report for this status conference only.
Tentative Ruling for April 13, 2016:
Debtor has served notice of bar date and has filed a plan, but has not filed a disclosure statement and has not set any hearings.
Hearing required.
4/25/16 -- Court approved scheduling order setting deadline of April 27, 2016 for debtor to file disclosure statement. Disclosure statement should be set for hearing on June 8, 2016 at 2:00 p.m. Court waived requirement of status report for June 8 status conference.
11:00 AM
Tentative Ruling for June 8, 2016:
Continue status conference to June 29, 2016 at 2:00 p.m. to be held concurrently with continued hearing on disclosure statement.
Tentative Ruling for June 29, 2016:
See tentative ruling for matter no. 200.
7/25/16 -- Court approved order appointing mediator and alternate mediator. Tentative Ruling for August 17, 2016:
Continue hearings to August 31, 2016 at 10:00 a.m. to be heard concurrently with motion for appointment of a trustee. OFF CALENDAR FOR AUGUST 17, 2016. NO APPEARANCE REQUIRED.
8/22/16 -- Court approved stipulation continuing hearing to September 6, 2016 at 10:30 a.m. (not 10:00 a.m.) OFF CALENDAR FOR AUGUST 31,
2016. NO APPEARANCE REQUIRED.
Tentative Ruling for September 6, 2016:
Continue case status conference to date of continued hearing on disclosure statement.
Tentative Ruling for December 7, 2016:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for February 16, 2017:
Revisit status of case after conclusion of related matters on calendar.
4/11/17 -- Court approved stipulation continuing hearing to April 26, 2017 at 10:00 a.m. OFF CALENDAR FOR APRIL 12, 2017.
11:00 AM
4/24/17 -- Court approved stipulation continuing hearing to May 3, 2017 at 2:00 p.m. Court notes, however, that the hearing referenced in the stipulation as already being heard on May 3 at 10:00 a.m. is not currently on calendar. OFF CALENDAR FOR APRIL 26, 2017.
Tentative Ruling for May 3, 2017:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for July 12, 2017:
If Court approves disclosure statement, continue case management conference to date of confirmation hearing. If Court does not approve disclosure statement, continue status conference to coincide with date of continued hearing on disclosure statement.
8/28/17 -- Court continued hearing to November 15, 2017 at 10:00 a.m. to be heard with other matters on calendar for that day. OFF CALENDAR FOR SEPTEMBER 13, 2017.
11/13/17 -- Continue to December 13, 2017 at 2:00 p.m. to be heard concurrently with plan. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for December 13, 2017:
If court confirms plan, set post-confirmation status conference in approximately 90 to 120 days.
Tentative Ruling for April 25, 2018:
Where is the status report that should have been filed by April 13, 2018? Why wasn't it filed in a timely manner? What has transpired since confirmation of the debtor's plan? Hearing required.
Debtor(s):
Doran Lofts, LLC Represented By
11:00 AM
James A Tiemstra Lisa Lenherr Anastasia E Bessey James A Tiemstra
11:00 AM
fr. 3-9-16, 4-13-16, 6-1-16, 6-15-16, 7-20-16, 9-7-16, 12-1-16, 1-11-17, 2-8-17,
4-12-17, 4-26-17, 5-17-17, 7-5-17, 9-13-17, 11-2-17, 12-19-17, 2-6-18
Docket 1
- NONE LISTED -
1/26/16 -- At hearing held this date, Court agreed to move status conference to 2:00 p.m. on March 9, 2016 and debtor to file motion and set it for hearing at 2:00 p.m. on March 9, 2016. MOVED TO AFTERNOON CALENDAR.
Tentative Ruling for March 9, 2016:
Continue case status conference to April 13, 2016 at 2:00 p.m. to be heard concurrently with whatever motion debtor has filed and set for hearing on that date.
Tentative Ruling for April 13, 2016:
Revisit status of case after conclusion of related matters on calendar. If court grants relief from stay in response to motions on calendar this afternoon, will there be anything left of this case? Hearing required.
5/23/16 -- Court signed order continuing status conference to June 15, 2016 at 10:00 a.m. OFF CALENDAR FOR JUNE 1, 2016.
6/8/16 -- At hearing held this date, Court continued case status conference to date of continued hearing on disclosure statement, namely, July 20, 2016 at 2:00 p.m. OFF CALENDAR FOR JUNE 15, 2016. NO APPEARANCE REQUIRED.
11:00 AM
7/18/16 -- Court approved stipulation continuing hearing to September 7, 2016 at 2:00 p.m. OFF CALENDAR FOR JULY 20, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for January 11, 2017:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for February 8, 2017:
What is the status of this matter? Hearing required.
Tentative Ruling for April 12, 2017:
On calendar as a status conference/holding date. What is the status of this chapter 11 case? Hearing required.
Tentative Ruling for April 26, 2017:
Continue to date of final sale hearing as holding date.
Tentative Ruling for May 17, 2017:
Revisit status after conclusion of hearing on sale motion.
6/8/17 -- At hearing held this date, Court agreed to continue hearing to July 5, 2017 at 11:00 a.m. OFF CALENDAR FOR JUNE 14, 2017.
Tentative Ruling for July 5, 2017:
Court has reviewed trustee's disclosure statement. Has order approving cash collateral stipulation been lodged? Where does trustee plan to go from here? Hearing required.
Tentative Ruling for November 2, 2017:
11:00 AM
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for February 6, 2018:
Revisit status of case after conclusion of hearings on related matters. CASE DISMISSED AND CLOSED. OFF CALENDAR.
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra Lisa Lenherr
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
11:00 AM
Adv#: 2:17-01414 SDRES Partners, LLC, a Delaware limited liability v. Orange Grove Seating,
fr. 11-7-17, 1-31-18
Docket 16
- NONE LISTED -
Tentative Ruling for November 7, 2017:
Dismiss cross-complaint for want of subject matter jurisdiction. To the extent that the Court has jurisdiction over the original action, it would be because it is a core matter that arises under the bankruptcy code, in that it requires an interpretation of section 549 of the bankruptcy code. The cross-complaint, however, does not rely on an interpretation of section 549 and cannot in any sense be characterized as a core action. The cross-complaint is one for breach of contract, specific performance, etc. that arises under state law and do not have any impact on the assets or administration of the bankruptcy estate and is not therefore within the bankruptcy court's related-to jurisdiction. And the issues that it raises will not necessarily be adjudicated by the court in resolving the underlying action and does not arise out of the same set of facts and circumstances (namely, the manner in which the contract was executed, the prior conduct of the debtor, the relationships among the parties).
Final Ruling for November 7, 2018:
Continue hearing to January 310, 2018 at 10:00 a.m. as a holding date. No new briefing. Trail motion with status conference. (Court will adjudicate 549 and 363 issues. If Court decides that contract is not enforceable, rest of matter will be resolved. If contract is enforceable, court should then dismiss cross-complaint for want of jurisdiction.)
11:00 AM
Tentative Ruling for January 31, 2018:
Keep trailing matter with status conference. 2/21/18 -- Court signed order appointing mediators. Tentative Ruling for April 25, 2018:
Continue to trail motion with status conference for reasons set forth in November 7, 2017 tentative ruling.
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra Lisa Lenherr
Defendant(s):
Orange Grove Seating, LLC, a Represented By J Scott Bovitz
BundB Productions, LLC, a Pro Se
Movant(s):
SDRES Partners, LLC, a Delaware Represented By
David S Kupetz Jessica Vogel Steven Werth
Cantor Group, LLC, a California Represented By
David S Kupetz Jessica Vogel Steven Werth
SDRES Partners, LLC, a Delaware Pro Se Cantor Group, LLC, a California Pro Se
11:00 AM
Plaintiff(s):
SDRES Partners, LLC, a Delaware Represented By
David S Kupetz Jessica Vogel Steven Werth
Cantor Group, LLC, a California Represented By
David S Kupetz Jessica Vogel Steven Werth
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
11:00 AM
Adv#: 2:17-01414 SDRES Partners, LLC, a Delaware limited liability v. Orange Grove Seating,
fr. 10-31-17, 11-7-17, 1-31-18
Docket 1
- NONE LISTED -
Set discovery cutoff for late April, 2017. Continue status conference to approximately same time frame. Discuss prospect of mediation with the parties.
2/1/18 -- Court signed order setting following dates:
Cont'd status conference -- April 25, 2018 at 11 L/D to file joint status report -- April 11, 2018 L/D to complete discovery -- April 30, 2018
L/D to complete mediation -- April 25, 2018
L/D to lodge order appointing mediator -- February 20, 2018
2/6/18 -- Court approved stipulation resolving dispute as against BundB and dismissing BundB as defendant.
Tentative Ruling for April 25, 2018:
Discovery cutoff will run on April 30, 2018. According to status report, discovery is complete. Plaintiff believes that it may be possible to resolve this
11:00 AM
matter by way of summary judgment. Set deadline for filing pretrial motions and continue status conference to anticipated date of hearing on such motions.
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra Lisa Lenherr
Defendant(s):
Orange Grove Seating, LLC, a Represented By J Scott Bovitz
BundB Productions, LLC, a Pro Se
Plaintiff(s):
SDRES Partners, LLC, a Delaware Represented By
David S Kupetz Jessica Vogel Steven Werth
Cantor Group, LLC, a California Represented By
David S Kupetz Jessica Vogel Steven Werth
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
10:00 AM
Adv#: 2:16-01503 Metcalf
fr. 1-30-18, 2-13-18, 4-10-18
Docket 33
4/6/18 - Parties will be filing a stip/order or a new app/order to continue this matter.
4/9/18 - Mr. Goldberg will be filing stip/orders continuing the examination to 5/8/18 @ 10am.
1/18/18 -- At request of judgment creditor, examination continued to February 13, 2018 at 10:00 a.m. OFF CALENDAR FOR JANUARY 30, 2018.
Administer oath to judgment debtor and instruct parties to proceed to attorney conference to conduct examination.
2/9/18 -- At request of judgment creditor, examination continued to April 10, 2018 at 10:00 a.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Tentative Ruling for May 8, 2018:
If witness appears, have clerk administer oath and direct parties to adjourn to attorney conference room to conduct examination.
Debtor(s):
William Douglas Fisher Represented By
G Marshall Hann
10:00 AM
Plaintiff(s):
Marvin Metcalf Represented By Seth M Goldberg
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: MMCA LEASE, LTD.
Docket 11
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Jerry Antonio Cruz Represented By Jasmine Firooz
Movant(s):
MMCA Lease LTD Represented By Scott S Weltman
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: AMERICAN HONDA FINANCE CORPORATION
Docket 9
5/1/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 5/8/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Jose Francisco Aguilar Represented By Giovanni Orantes
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: HONDA LEASE TRUST
Docket 12
5/1/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 5/8/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Xia Zhong Lin Represented By Maria W Tam
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: SAN DIEGO COUNTY CREDIT UNION
Docket 11
4/18/18 - Lisa Yun or Sean Mann-o'Halloran, (619)338-6541, has been approved for telephonic appearance on 5/8/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Martin Fuentes Represented By Lauren M Foley
Joint Debtor(s):
Cecilia Fuentes Represented By Lauren M Foley
Movant(s):
San Diego County Credit Union Represented By Lisa S Yun
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: KINECTA FEDERAL CREDIT UNION
Docket 10
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Cesar J. Santos Represented By Steven B Lever
Movant(s):
Kinecta Federal Credit Union Represented By
Bruce P. Needleman
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: HONDA LEASE TRUST
Docket 9
5/1/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 5/8/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Monique Joann Van Wijngaerde Represented By
Heather J Canning
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: SCHOOLSFIRST FEDERAL CREDIT UNION
Docket 8
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Joshua Wesley Verna Represented By Khachik Akhkashian
Movant(s):
SchoolsFirst Federal Credit Union Represented By
Paul V Reza
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: AMERICAN HONDA FINANCE CORPORATION
Docket 8
5/1/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 5/8/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Vanessa Guevara Represented By
Lisa F Collins-Williams
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:17-01375 DeBellis et al v. UNITED STATES OF AMERICA on behalf of the
fr. 10-3-17, 1-23-18
Docket 1
- NONE LISTED -
Set discovery cutoff for late April, 2018 and continue status conference to approximately same time frame.
1/24/18 -- Court approved scheduling order setting following dates: L/D to complete discovery -- April 30, 2018
L/D to file pretrial motions -- June 15, 2018
Cont'd status conference -- May 8, 2018 at 2:00 p.m. L/D to file joint status report -- April 24, 2018
4/2/18 -- Court approved stipulation setting following dates: Cont'd status conference -- June 12, 2018 at 2:00 p.m.
Cont'd discovery cutoff -- May 30, 2018
New L/D to file pretrial motions -- July 20, 2018 New L/D to file joint status report -- May 29, 2018
OFF CALENDAR FOR MAY 8, 2018.
Debtor(s):
AJ DeBellis Represented By
2:00 PM
Mark T Young
Defendant(s):
UNITED STATES OF AMERICA Represented By
Jolene Tanner
State Of California Franchise Represented By Charles Tsai
Joint Debtor(s):
Victoria Collette DeBellis Represented By Mark T Young
Plaintiff(s):
AJ DeBellis Represented By
Mark T Young
Victoria Collette DeBellis Represented By Mark T Young
Trustee(s):
Richard K Diamond (TR) Represented By Ivan L Kallick
2:00 PM
Adv#: 2:17-01360 Diamond, Chapter 7 Trustee, Plaintiff v. UMPQUA Bank, an Oregon
fr. 10-3-17, 11-7-17, 2-6-18
Docket 1
4/26/18 - Notice of dismissal filed.
8/17/17 -- Court approved stipulation continuing hearing to November 7, 2017 at 2:00 p.m. and extending deadline to respond to complaint to September 20, 2017. OFF CALENDAR FOR OCTOBER 3, 2017.
Tentative Ruling for November 7, 2017:
Set deadline for filing of amended complaint pursuant to agreement between the parties. Why don't the parties want this matter sent to mediation (attended by parties with authority to exchange settlement offers)? Hearing required.
11/14/17 -- Court signed scheduling order with following dates: Cont'd status conference -- February 6, 2018 at 2:00 p.m.
L/D to file joint status report -- January 23, 2018
L/D to file amended complaint -- November 27, 2017
L/D to respond to amended complaint -- December 11, 2017
1/29/18 -- Court approved stipulation continuing hearing to May 8, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 6, 2018.
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4/26/18 -- Trustee filed notice of dismissal pursuant to settlement agreement. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
UMPQUA Bank, an Oregon Represented By Gerrick Warrington Michael G Fletcher
Umpqua Bank Represented By Michael G Fletcher Gerrick Warrington Reed S Waddell
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Sonia Singh Michael G D'Alba Howard Kollitz
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
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Adv#: 2:17-01362 Diamond, Chapter 7 Trustee, Plaintiff v. CIT CREDIT GROUP USA, INC.,
USA, Inc., a Delaware corporation
fr. 10-3-17, 11-7-17, 12-12-17, 1-23-17
Docket 1
Amended Complaint and another summons issued on 8-15-17
5/7/18 - Sonia Singh, (310)277-0077, has been approved for telephonic appearance on 5/8/18 @ 10am
8/22/17 -- Court approved stipulation extending certain deadlines and continuing status conference to November 7, 2017 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 3, 2017.
9/22/17 -- Court approved stipulation extending certain deadlines and continuing status conference to December 12, 2017 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 7, 2017.
10/20/17 -- Court approved stipulation extending certain deadlines and continuing status conference to January 23, 2018 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 12, 2017.
1/12/18 -- Court approved stipulation extending deadline for CIT to respond to First Amended Complaint to March 7, 2018 and continuing status conference to May 8, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 23, 2018.
4/11/18 -- Court entered order approving compromise. Action to be dismissed after lump sum payment.
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Tentative Ruling for May 8, 2018:
What is the status of this matter? Has the lump sum payment been made? ACTION HAS BEEN DISMISSED. OFF CALENDAR.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
CIT CREDIT GROUP USA, INC., a Pro Se CIT BANK, N.A. Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Sonia Singh Michael G D'Alba Howard Kollitz
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
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Adv#: 2:18-01054 Los Angeles Internet Exchange v. Pacific Link Telecom, Inc
Docket 1
- NONE LISTED -
MATTER HAS BEEN DISMISSED AND CLOSED. OFF CALENDAR.
Debtor(s):
Pacific Link Telecom, Inc Represented By Glenn Park
Defendant(s):
Pacific Link Telecom, Inc Pro Se
Plaintiff(s):
Los Angeles Internet Exchange Represented By Jasmin Yang
Trustee(s):
John J Menchaca (TR) Pro Se
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Adv#: 2:17-01384 McKenzie v. Bustamante
fr. 10-17-17, 1-30-18, 3-20-18
Docket 1
- NONE LISTED -
Set discovery cutoff for February 1, 2018. Continue status conference to approximately same time frame. Order parties to complete a day of mediation prior to date of continued status conference.
10/20/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018
L/D to lodge order appointing mediator and alternate mediator -- 11/17/17 L/D to complete mediation -- January 30, 2018
Tentative Ruling for January 30, 2018:
The titles on the status reports were a bit confusing. Court assumes that parties have now both signed off on the report most recently filed January 17, 2018 as docket no. 14?
Case was closed without a discharge in October of 2017 based upon the debtor's failure to file a certificate evidencing the completion of a credit counseling course. This situation is easily remedied with the filing of a form
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motion to reopen to permit the filing of the credit counseling certificate. Parties should have proceeded with mediation.
Does debtor intend to file such a motion? If not, why not? Hearing required.
3/6/18 -- Court signed order appointing mediators. Tentative Ruling for March 20, 2018:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order with dates set at prior status conference. (Cont'd status conference -- March 20, 2018 at 2:00 p.m.; L/D to file updated status report -- March 6, 2018; Extended deadline for completion of mediation -- March 20, 2018; L/D to lodge order appointing mediators -- February 16, 2018). Court signed order appointing mediators, but never received scheduling order.
Did the parties completed the mediation scheduled for March 15? Hearing required.
Tentative Ruling for May 8, 2018:
Mediator has filed certificate of completion, reflecting that mediation was conducted but that matter did not settle. Impose sanctions on the parties for failing to lodge joint pretrial order in a timely manner. Parties filed pretrial stipulation and lodged order approving it on April 30. This is late and is not the procedure that Judge Bluebond requires.
Debtor(s):
Anthony Bustamante Represented By Dana M Douglas
Defendant(s):
Anthony Bustamante Represented By Dana M Douglas
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Plaintiff(s):
Gary McKenzie Represented By Ronald D Tym
Trustee(s):
Heide Kurtz (TR) Pro Se
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Adv#: 2:17-01472 Yoo v. Rodriguez et al
fr. 11-14-17, 2-27-18
Docket 1
- NONE LISTED -
Set discovery cutoff of January 31, 2018 and final status conference for approximately same time frame.
11/16/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- February 27, 2018 at 2:00 p.m.
L/D to file joint status report -- February 13, 2018 L/D to conduct discovery -- February 28, 2018
2/14/18 -- Court approved stipulation setting following dates: Cont'd status conference -- May 8, 2018 at 2:00 p.m.
Cont'd discovery cuotff -- April 30, 2018
L/D to file joint status report -- April 24, 2018.
4/26/18 -- Court approved stipulation continuing discovery cutoff to July 31, 2018 and continuing status conference to August 7, 2018 at 2:00 p.m. Parties shall file joint status report not later than July 24, 2018. OFF CALENDAR FOR MAY 8, 2018.
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Debtor(s):
Martin Edward Rodriguez Represented By Raymond Perez
Defendant(s):
Consuelo Rodriguez Represented By Jeffrey B Smith
Mary H. Rodriguez Represented By Jeffrey B Smith
Martin Edward Rodriguez Pro Se
Plaintiff(s):
Timothy J. Yoo Represented By Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay Lindsey L Smith
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Adv#: 2:18-01058 CALIFORNIA CAPITAL INSURANCE CO. v. ROUNTREE et al
Docket 1
- NONE LISTED -
Where is the joint status report that should have been filed by April 24, 2018?
Debtor(s):
RYAN ROUNTREE Represented By
Michael D Kwasigroch
Defendant(s):
RYAN ROUNTREE Represented By
Michael D Kwasigroch
DANNIELLE ROUNTREE Represented By
Michael D Kwasigroch
Joint Debtor(s):
DANNIELLE ROUNTREE Represented By
Michael D Kwasigroch
Plaintiff(s):
CALIFORNIA CAPITAL Represented By Bruce N Graham
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Trustee(s):
Sam S Leslie (TR) Pro Se
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Adv#: 2:18-01044 Avery v. Rivera
Docket 9
- NONE LISTED -
Deny motion as moot. Parties have stipulated to vacate the default. Waive appearances. Court will prepare order.
Debtor(s):
Jaime Rivera Represented By
David H Chung
Defendant(s):
Jaime Rivera Pro Se
Movant(s):
Jaime Rivera Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Richard A Marshack Chad V Haes
D Edward Hays
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
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Adv#: 2:18-01045 Avery v. Rivera aka Jaime Rivera, Jr. et al
Docket 15
- NONE LISTED -
Deny motion as moot. Parties have stipulated to vacate the default. Waive appearances. Court will prepare order.
Debtor(s):
Jaime Rivera Represented By
David H Chung
Defendant(s):
Jaime Rivera aka Jaime Rivera, Jr. Pro Se Jaime Rivera Pro Se
Victorina Rivera Pro Se
Movant(s):
Jaime Rivera aka Jaime Rivera, Jr. Pro Se Jaime Rivera Pro Se
Victorina Rivera Pro Se
Plaintiff(s):
Wesley H. Avery Represented By
D Edward Hays
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Trustee(s):
Chad V Haes
Wesley H Avery (TR) Represented By Chad V Haes
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Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
Docket 50
- NONE LISTED -
[Tentative Ruling Withheld]
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Tentative Ruling for April 3, 2018:
What, if any, progress has been made with regard to settlements? Are the parties ready to proceed to hearing on this motion?
4/2/18 -- Court approved stipulation continuing hearing to May 8, 2018 at 2:00
p.m. OFF CALENDAR FOR APRIL 3, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for May 8, 2018:
Court has prepared a tentative ruling that has been withheld. What is the status of this matter? Are the parties ready to proceed to a hearing on this motion?
5/7/18 -- Court approved stipulation continuing hearing to June 26, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 8, 2018. NO APPEARANCE REQUIRED.
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Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Movant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
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Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
fr. 8-1-17, 8-29-17, 10-3-17, 3-6-18, 3-20-18, 4-3-18
Docket 1
- NONE LISTED -
6/26/17 -- Court approved stipulation continuing defendant's response date to August 4, 2017 and continuing status conference to August 29, 2017 at 2:00
p.m. OFF CALENDAR FOR AUGUST 1, 2017.
8/22/17 -- Court approved stipulation continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 29, 2017.
Tentative Ruling for January 30, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Tentative Ruling for April 3, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss. 4/2/18 -- Court approved stipulation continuing hearing to May 8, 2018 at 2:00
p.m. OFF CALENDAR FOR APRIL 3, 2018. NO APPEARANCE REQUIRED.
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Tentative Ruling for May 8, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
5/7/18 -- Court approved stipulation continuing hearing to June 26, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 8, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
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Adv#: 2:15-01535 Murtagh v. BAKER et al
Docket 339
- NONE LISTED -
Rulings on Plaintiff's Evidentiary Objections:
(Court has numbered individual objections interposed by plaintiff.)
Sustain.
Sustain.
Overrule.
Overrule.
Overrule.
Overrule.
Sustain.
Sustain.
Sustain.
Sustain.
Overrule.
Overrule.
Overrule.
Overrule.
Overrule.
Tentative Ruling on Merits:
Baker has fundamentally misconstrued what the court has ordered. The Court did not order Baker to provide Anderson with access to what Pickrell read or to emails that Baker has determined are relevant. The Court ordered Baker to provide Anderson with access to the same sources to which Pickrell was given access. The scope of the court's order is not limited to emails that Baker has decided relate to this litigation. Plaintiff should be given access to
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the email systems that Baker has used so that plaintiff can ascertain whether there are additional emails and files that Baker has attempted to prevent him from seeing. Further Baker does not sufficiently address or refute plaintiff's contention that he has deleted emails for which he has not accounted.
Baker's testimony concerning the amount of spam he receives and the spam he deleted is insufficient to account for the large quantity of data that appears to have vanished.
Court is inclined to enter the proposed form of order lodged by Baker, or at least significant portions of it; however, there is a problem. An OSC re contempt must be specific as to the possible sanctions to be imposed if a party is found in contempt and needs to be specific as to the allegedly contemptuous conduct.
Court will need to issue a new form of OSC that sets forth possible sanctions that may be imposed. Discuss with parties form of that order.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Baruch C Cohen
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
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Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 12-8-15, 2-9-16, 4-5-16, 5-10-16, 5-24-16, 5-31-16, 9-27-16, 11-15-16, 1-10-
17, 3-14-17, 6-13-17, 6-27-17, 7-11-17, 10-31-17, 2-13-18, 3-13-18
Docket 1
- NONE LISTED -
Defendant's counsel should not handwrite documents to be filed with the Court. His writing is illegible.
Continue status conference to May 10, 2016 at 2:00 p.m. to be heard concurrently with related matters that will be on calendar for that date. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for May 31, 2016:
Revisit status of action after conclusion of related matters on calendar. 6/2/16 -- Court signed scheduling order setting following dates:
Cont'd status conference -- September 27, 2016 at 2:00 p.m. L/D to file joint status report -- September 13, 2016 Discovery cutoff -- September 30, 2016
L/D to lodge order appointing mediator -- June 17, 2016 Deadline to complete mediation -- September 27, 2016
7/6/16 -- court approved order appointing mediators.
Tentative Ruling for September 27, 2016:
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Plaintiff has filed a notice of inability to prepare joint status report. Where is the declaration required by LBR 7016-1(a)(3) that must be included whenever a party submits a unilateral status report? Why haven't the parties used the mandatory status report form required by LBR 7016-1(a)(2)? When counsel for plaintiff provided a draft status report that did not comply with the Local Bankruptcy Rules, why didn't counsel for the defendant file a unilateral report in compliance with LBR 7016-1(a)(3)?
Impose sanctions of $150 on counsel for each of the parties. Counsel for the plaintiff is urged to download a current version of the Court's local rules, as he is apparently relying on an outdated version of the rules. He should refer to the Court's website.
As a result, although there is a great deal of alleged information contained in plaintiff's filing, none of it is evidence and it does not address the issues that are supposed to be included in the status report.
Set continued status conference in approximately 30 to 45 days. Parties are to file the required joint status report form not less than two weeks prior to the continued status conference.
Tentative Ruling for March 14, 2017:
Revisit status of action after conclusion of hearing on matter no.101.
3/25/17 -- Court signed scheduling order setting following dates:
Cont'd status conference -- June 13, 2017 at 2:00 p.m. L/D to file joint status report -- May 30, 2017
L/D to designate experts and exchange reports -- May 15, 2017 L/D to exchange responsive reports -- June 12, 2017
5/26/17 -- Court granted motion to extend June 12 deadline to June 19 and continued status conference to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 13, 2017.
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6/12/17 -- Court approved stipulation continuing hearing to July 11, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 27, 2017.
Tentative Ruling for July 11, 2017:
Parties were to exchange expert witness reports. They did not need to file them. On May 16, 2017, Court reopened discovery for a period of 60 days from that date to permit the parties to conduct additional discovery related to the website www.baddocjjm.com. Are the parties on track to complete that discovery by July 15?
Set deadline for the completion of expert discovery. Has all other discovery been completed?
Set pretrial conference and deadline for lodging joint pretrial order. Discuss with parties form of proposed pretrial order.
8/15/17 -- Court approved scheduling order setting following dates: L/D to complete expert discovery -- September 15, 2017
Cont'd status conference -- October 31, 2017 at 2:00 p.m. L/D to file joint status report -- October 17, 2017
Tentative Ruling for October 31, 2017:
In light of court's rulings in related matters, when does plaintiff anticipate that he will be ready for trial.
2/6/18 -- Court approved stipulation continuing hearing to March 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Tentative Ruling for March 13, 2018:
Continue status conference to March 20, 2018 at 2:00 p.m. to be heard concurrently with motion on calendar for that date and time. Where is status report that should have been filed two weeks before status conference?
APPEARANCES WAIVED ON MARCH 13, 2018.
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Tentative Ruling for March 20, 2018:
Continue status conference to date of hearing on OSC.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Baruch C Cohen
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
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Adv#: 2:16-01010 Moladina v. Naimi
Docket 142
- NONE LISTED -
Rulings on Defendant's Evidentiary Objections to Moladina's Declaration 1, 5, 6, 7 -- Sustain
10, 11, 12, 13 -- Overrule
14-20 -- Sustain
21 -- Overrule
22-30 -- Sustain
31 -- Overrule to extent testimony is that Moladina was not consulted concerning or advised of the transaction. Sustain as to balance of testimony. 34 -- See ruling on objection no. 31.
35, 37 -- Sustain
38, 39, 48 -- Overrule
51, 52, 54, 55 -- Sustain
-- Overrule
-- Sustain
-- Overrule
59, 60 -- Sustain
61, 62 -- Overrule
63, 64, 65 -- Sustain
-- Overrule to extent declarant is testifying as to the amount and date of his first investment. Sustain as to balance.
-- Sustain.
-- Overrule to extent declarant is offering testimony as to what he has alleged. Sustain as to balance.
69, 70, 71, 72 -- Sustain.
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Tentative Ruling as to Merits:
As defendant himself notes, the state court specifically found that defendant made false representations to investors including plaintiff on which plaintiff justifiably relied in making his investment; that plaintiff believed the representations were true and would not have invested his money had he known the representations were false; and that, as a direct and forseeable result, Moladina was damaged in the amounts set forth in the judgment.
These findings were affirmed on appeal. The only thing reversed on appeal was the award of attorneys' fees. It does not matter that defendant contends there was no basis for these findings or whether the defendant has evidence that he would like to introduce to contradict these findings. These findings were made by the state court and were affirmed on appeal, and they are sufficient to support a finding of nondischargeability for the amount of the damage (excluding attorneys' fees) awarded by the state court under section 523(a)(2). Grant motion with regard to this claim.
With regard to the claim under section 523(a)(4), plaintiff cites In re Houng, 636 F. App'x 396 (9th Cir. 2016), for the proposition that a breach of the fiduciary duties imposed by California's trust fund doctrine is sufficient to give rise to nondischargeable liablity under section 523(a)(4), but there is a reason that Houng is an unpublished decision -- because it is inconsistent with a large body of caselaw in the Ninth Circuit that has consistently held to the contrary. This court is not required to follow Houng and will not do so.
As the Ninth Circuit explained in In re Cantrell, 329 F.3d 1119 (9th Cir. 2003), the Ninth Circuit has adopted a narrow definition of the term, "fiduciary," for the purpose of applying section 523(a)(4): "[T]he fiduciary relationship must be one arising from an express or technical trust that was imposed before and without reference to the wrongdoing that caused the debt." While it is true that California cases have held that a corporate officer (and not necessarily the manager of an LLC, which is what we have here) is a fiduciary of the corporation, "these cases merely specify that officers owe fiduciary duties in their capacity as agents of a corporation; they fail to hold that officers are trustees of a statutory trust with respect to corporate assets." To the contrary, the California Supreme Court has expressly held (in Bainbridge v. Stoner, 16 Cal. 2d 423 (1940)) that the relationship between officers and
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directors and the corporation is not one of trust, but of agency. Therefore, Cantrell expressly held that officers and directors of a corporation are not trustees with respect to corporate assets and, therefore, a corporate officer is not a fiduciary within the meaning of section 523(a)(4). Accordingly, deny motion with regard to claim under section 523(a)(4).
With regard to claim under section 523(a)(6), although defendant is correct that the state court did not make a specific finding that defendant intended to cause harm or that he knew that harm was substantially certain to occur or that the conduct was "willful and malicious" within the meaning of section 523 (a)(6), it did make sufficient factual findings from which this court can and conclude that the elements of section 523(a)(6) have necessarily been satisfied.
The state court found that Naimi did not intend to provide Moladina with any gains from his investments and did not intend to return Moladina's funds.
Instead, Naimi made these false representations to obtain Moladina's money for Naimi's personal use or to repay other investors in connection with other properties. It also found that Naimi divered over $150,000 (including Moladina's $75,000) from the company to himself and his wholly-owned shell companies, that he hid these misdeeds from Plaintiff and, when capital was needed, he manufactured a forced foreclosure sale upon the Fair Avenue property and left the company insolvent.
An act is willful within the meaning of section 523(a)(6) if the defendant either intended to cause harm to the plaintiff or knew that harm was substantially certain to occur. An act is malicious if it involves a wrongful act, is done intentionally, necessarily causes injury and is done without just cause or excuse. The course of conduct that the state court found had occurred satisfies all of these requirements. Accordingly, grant the motion with regard to claim under section 523(a)(6).
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Debtor(s):
Soheil Naimi Represented By
Michael Jay Berger
Defendant(s):
Soheil Naimi Represented By
Michael Jay Berger
Movant(s):
Abdul Moladina Represented By Eric C Morris
Plaintiff(s):
Abdul Moladina Represented By Eric C Morris
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:16-01010 Moladina v. Naimi
fr. 3-8-16, 5-3-16, 6-28-16, 8-9-16, 11-29-16, 3-28-17, 10-3-17, 1-30-18, 2-13-18
Docket 1
- NONE LISTED -
Set deadline for defendant to respond to amended complaint. Should court hold this action in abeyance while plaintiff prosecutes action under section 727? Hearing required.
8/9/16 -- Defendant consented on record at status conference to entry of final orders once court explained significance of question. Court directed defendant to lodge scheduling order that included court's ruling that paragraphs 9, 15, 24 and all but the first sentence of paragraph 23 of the fourth amended complaint are stricken. Defendant should so state in its answer to complaint and need not respond to allegations contained in stricken portions of complaint. 8/10/16 -- Court signed scheduling order to this effect.
Tentative Ruling for November 29, 2016:
This is a dischargeability proceeding. Plaintiff's consent to entry of a final judgment is not required. The bankruptcy court has jurisdiction to enter a final order in this type of action.
Set discovery cutoff for late March, 2017. Continue status conference for approximately 90 to 120 days. Order parties to complete a day of mediation
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prior to date of continued status conference.
12/20/16 -- Court approved order appointing mediators.
Tentative Ruling for March 28, 2017:
Plaintiff does not consent to entry of a final order by bankruptcy court, but this is a 523 action. Court already has authority to enter a final order and any lack of consent from the parties is irrelevant.
Plaintiff reports that he is ready to proceed to trial, but, now that there is a state court judgment, is this an appropriate matter for a motion for summary judgment on collateral estoppel basis?
Hearing required.
Tentative Ruling for October 3, 2017:
Do the parties have any more information about timing with regard to the state court appeal? The parties report that discovery is now complete. Is there anything that can be accomplished in this adversary proceeding while the state court appeal is pending?
Tentative Ruling for January 30, 2018:
Continue hearing to February 13, 2018 at 2:00 p.m. to be heard concurrently with plaintiff's motion for summary judgment scheduled for hearing that date.
Tentative Ruling for May 8, 2018:
Revisit status of action after conclusion of hearing on matter no. 214.
Debtor(s):
Soheil Naimi Represented By
Michael Jay Berger
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Defendant(s):
Soheil Naimi Represented By
Michael Jay Berger
Plaintiff(s):
Abdul Moladina Represented By Eric C Morris
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 13
- NONE LISTED -
Debtor has now filed certificate of credit counseling, but that certificate reflects that counseling occurred post-petition, and debtor has not requested or obtained an exemption from prepetition credit counseling requirement. As debtor did not complete credit counseling within the 180 days before the commencement of the bankruptcy case, debtor is not eligible to be a debtor in this bankruptcy case.
Dismiss case. (Nothing precludes this debtor from refiling, but new filing would be debtor's second bankruptcy case within a year, meaning that automatic stay will terminate within 30 days unless debtor moves for and obtains an extension.)
Debtor(s):
Imoni Jilan Harris Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 30
- NONE LISTED -
Has debtor amended his schedules to reflect omitted assets and liabilities? Continue hearing to give debtor an opportunity to make the required amendments and the trustee an opportunity to review those amendments.
Debtor(s):
Jaime Rivera Represented By
David H Chung
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
10:00 AM
fr. 10-4-17, 11-15-17, 2-14-18
Docket 149
- NONE LISTED -
9/28/17 -- Court approved stipulation continuing hearing to November 15, 2017 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for February 14, 2018:
What is the status of this matter? According to this Court's October 18 order, litigation against SNS is to be stayed until orders are entered resolving the Kamana Litigation. Has this occurred? If not, what is the parties' current time estimate as to when this is likely to have occurred. Hearing required.
2/23/18 -- Court signed scheduling order setting deadline of April 20, 2018 for movant to file an advesary proceeding against claimant asserting affirmative claims and any objections to claim. Hearing continued to May 9, 2018 at 10:00 am.
Tentative Ruling for May 9, 2018:
Has debtor filed an adversary proceeding against claimant? If so, should this claim objection be withdrawn without prejudice? Hearing required.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen
10:00 AM
Docket 158
- NONE LISTED -
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
10:00 AM
Docket 157
- NONE LISTED -
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
10:00 AM
Docket 39
- NONE LISTED -
Court finds that debtor is not a "health care business" within the meaning of section 101(27)(A) because it is not engaged in offering to the public facilities and services for both (1) the diagnosis or treatment of injury, deformity or disease; and (2) surgical, drug treatment, psychiatric or obstetric care.
Performing eye examinations and fitting patients for glasses and contact lenses could be characterized as offering services for the treatmen tof deformity, but it cannot be characterized as surgical or drug treatment and does not qualify as psychiatric or obstetric care. In the alternative, even if the debtor can fall within the definition of a health care business within the meaning of section 101(27)(A), the court finds that the appointment of an ombudsman is not necessary for the protection of patients under the specific facts of this case.
Accordingly, grant motion.
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
10:00 AM
Docket 10
- NONE LISTED -
Grant motion. Dismiss case.
Debtor(s):
Myron Hale Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
fr. 4-25-18
Docket 1093
- NONE LISTED -
Tentative Ruling for April 25, 2018:
See tentative ruling for matter no. 21 [now on calendar as matter no. 10].
Tentative Ruling for May 9, 2018:
At hearing held April 25, 2018, parties reported that matter had been settled. What is the status of this matter?
Debtor(s):
Gardens Regional Hospital and Represented By Samuel R Maizel John A Moe
Movant(s):
OFFICIAL COMMITTEE OF Represented By Andrew H Sherman Jeffrey I Golden Anthony Bisconti Steven J. Katzman Anne A Uyeda
OFFICIAL COMMITTEE OF Represented By
10:00 AM
Boris I Mankovetskiy Anthony Bisconti Jeffrey I Golden Andrew H Sherman Anne A Uyeda
10:00 AM
fr. 4-25-18
Docket 1106
- NONE LISTED -
Tentative Ruling for April 25, 2018:
See tentative ruling for matter no. 21 [now on calendar as matter no. 10].
Tentative Ruling for May 9, 2018:
At hearing held April 25, 2018, parties reported that matter had been settled. What is the status of this matter?
Debtor(s):
Gardens Regional Hospital and Represented By Samuel R Maizel John A Moe
Movant(s):
Gardens Regional Hospital and Represented By Samuel R Maizel Samuel R Maizel John A Moe John A Moe
10:00 AM
Gardens Regional Hospital and Represented By Reed M Mercado
10:00 AM
fr. 4-25-18
Docket 1039
- NONE LISTED -
Tentative Ruling for April 25, 2018:
Discuss status, timing and interrelationship of motions with the parties. Based on the limited information that the Court has acquired to date, court's initial inclination is to resolve the discovery motion first and thereafter the compromise motion. If the Committee succeeds in persuading the Court that the compromise should not be approved, depending on the basis for that ruling, court may be inclined to grant standing motion.
Tentative Ruling for May 9, 2018:
At hearing held April 25, 2018, parties reported that matter had been settled. What is the status of this matter?
Debtor(s):
Gardens Regional Hospital and Represented By Samuel R Maizel John A Moe
Movant(s):
OFFICIAL COMMITTEE OF Represented By Andrew H Sherman
10:00 AM
Jeffrey I Golden Anthony Bisconti Steven J. Katzman Anne A Uyeda
OFFICIAL COMMITTEE OF Represented By
Boris I Mankovetskiy Anthony Bisconti Jeffrey I Golden Andrew H Sherman Anne A Uyeda
10:00 AM
[OST]
Docket 74
- NONE LISTED -
It is unclear whether court approval is even required, but, to the extent that it is, grant motion. Authorize trustee to vote the estate's 100 percent membership interest in Onesan LLC.
Debtor(s):
Young Keun Park Represented By Rosendo Gonzalez
Trustee(s):
Elissa Miller (TR) Represented By Annie Y Stoops Aram Ordubegian
11:00 AM
fr. 9-7-16, 9-14-16, 12-14-16, 3-29-17, 3-30-17, 6-7-17, 8-15-17, 10-31-17, 1-10-
18
Docket 1
- NONE LISTED -
At debtor's request, Court continued hearing to September 14, 2016 at 10:00
a.m. Debtor should file and serve a status report not later than September 8, 2016. APPEARANCES WAIVED ON SEPTEMBER 7, 2016.
Tentative Ruling for September 14, 2016:
If debtor is female, counsel should use care in selecting the pronouns used in the status report. Incorporation by reference into the status report of a document not filed with the court is not helpful. Projections should be filed with the status report.
Set deadline for service of bar date notice and for filing proofs of claim. 9/20/16 -- court signed scheduling order setting following dates:
L/D to serve bar date notice -- September 23, 2016 Bar date -- November 4, 2016
Cont'd status conference -- December 14, 2016 at 11:00 a.m. L/D to file updated status report -- December 2, 2016
Tentative Ruling for December 14, 2016:
11:00 AM
What kind of strategies is the debtor considering for increasing her income? Did any unanticipated claims get filed by the bar date?
Set deadline for filing plan and disclosure statement and continue case status conference to date that may be used for a hearing on a disclosure statement.
12/20/16 -- Court signed scheduling order setting following dates:
L/D to file plan and disclosure statement -- February 15, 2017 Continued status conference -- March 29, 2017 at 2:00 pm Hearing on disclosure statement -- March 29, 2017 at 2:00 pm
Tentative Ruling for March 30, 2017:
Continue case status conference to date of continued hearing on disclosure statement.
5/26/17 -- Court granted emergency motion to extend deadline to file plan. New deadline for filing plan will be July 14, 2017. The new hearing date will be August 17, 2017 at 11:00 a.m. Continue status conference to August 16, 2017 at 11:00 a.m. to coincide with hearing on disclosure statement. OFF CALENDAR FOR JUNE 7, 2017.
Tentative Ruling for August 16, 2017:
Continue status conference to date of continued hearing on disclosure statement.
Tentative Ruling for October 31, 2017:
Convert case to chapter 7, unless, in light of agreement/consensual modification with secured creditor, debtor thinks it may be possible to reorganize in chapter 13. Hearing required.
Tentative Ruling for January 10, 2018:
Revisit status of case after conclusion of hearing on plan confirmation.
11:00 AM
04/11/18 -- Court granted motion for final decree. OFF CALENDAR.
Debtor(s):
Norma Aqui Represented By
Onyinye N Anyama
11:00 AM
Authorizing The Trustee To Utilize Cash Collateral Pursuant To 11 U.S.C. §§ 361, 362, And 363;
Granting Adequate Protection Pursuant To 11 U.S.C. §§ 361, 362, And 363 (Iii) Scheduling A Final Hearing Pursuant To Bankruptcy Rule 4001(B)
(Iv) Granting Related Relief fr. 4-13-18
Docket 37
4/13/18 - Scheduling and Case Management Conference set for: MAY 30, 2018 @ 10AM
Grant motion. Authorize use of cash collateral in accordance with budget plus a 10 percent variance through the earliest of (1) effective date of a sale;
effective date of a plan; (3) dismissal; or (4) conversion. Lenders shall receive replacement liens on post petition revenues that will have the same validity and priority as their prepetition liens.
Debtor(s):
Colima BBQ, Inc Represented By Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim
11:00 AM
Authorizing The Trustee To Utilize Cash Collateral Pursuant To 11 U.S.C. §§ 361, 362, And 363;
Granting Adequate Protection Pursuant To 11 U.S.C. §§ 361, 362, And 363 (Iii) Scheduling A Final Hearing Pursuant To Bankruptcy Rule 4001(B)
(Iv) Granting Related Relief fr. 4-13-18
Docket 75
4/13/18 - Scheduling and Case Management Conference set for: MAY 30, 2018 @ 10AM
Grant motion. Authorize use of cash collateral in accordance with budget plus a 10 percent variance through the earliest of (1) effective date of a sale;
effective date of a plan; (3) dismissal; or (4) conversion. Lenders shall receive replacement liens on post petition revenues that will have the same validity and priority as their prepetition liens.
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim
11:00 AM
Authorizing The Trustee To Utilize Cash Collateral Pursuant To 11 U.S.C. §§ 361, 362, And 363;
Granting Adequate Protection Pursuant To 11 U.S.C. §§ 361, 362, And 363 (Iii) Scheduling A Final Hearing Pursuant To Bankruptcy Rule 4001(B)
(Iv) Granting Related Relief fr. 4-13-18
Docket 61
4/13/18 - Scheduling and Case Management Conference set for: MAY 30, 2018 @ 10AM
Grant motion. Authorize use of cash collateral in accordance with budget plus a 10 percent variance through the earliest of (1) effective date of a sale;
(2) effective date of a plan; (3) dismissal; or (4) conversion. Lenders shall receive replacement liens on post petition revenues that will have the same validity and priority as their prepetition liens.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim
2:00 PM
Docket 62
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Garnik Jerry Keshishian Represented By Walter Scott
Trustee(s):
Heide Kurtz (TR) Represented By Timothy J Yoo Carmela Pagay
2:00 PM
Docket 58
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Michael Infante Represented By Harriet L. Goldfarb
Joint Debtor(s):
Cynthia Ann Infante Represented By Harriet L. Goldfarb
Trustee(s):
Diane C Weil (TR) Pro Se
10:00 AM
fr. 3-1-18
Docket 9
- NONE LISTED -
Tentative Ruling for March 1, 2018:
Respondent claims that all she did was accept a $60 fee to act as a messenger and that she never performed any services for the debtor in connection with the preparation of the bankruptcy petition. The debtor testified under oath with some specificity that she assisted him with the preparation of the petition package and that he paid her $500 for these services.
Court agrees that an evidentiary hearing at which it may judge credibility may be useful. Set evidentiary hearing and order debtor, respondent and Nidia Martinez to be present. Instruct UST to arrange for translation services.
Final Ruling for March 1, 2018:
Continue hearing to May 10, 2018 at 10:00 a.m. for evidentiary hearing. UST should notice or subpoena anyone who needs to be present to testify.
5/9/18 -- Court approved stipulation resolving this motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
10:00 AM
Debtor(s):
Juan Jose Vasquez Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
"It's" means it is.
The possessive form of the word is "its" without an apostrophe.
Continue case status conference to April 5, 2018 at 10:00 a.m. to be heard concurrently with UST's motion to dismiss or convert.
Tentative Ruling for May 10, 2018:
Revisit status of case after conclusion of hearing on motion to dismiss.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens
10:00 AM
fr. 4-5-18
Docket 20
- NONE LISTED -
How is the debtor doing with compliance issues at this point? Hearing required.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens
10:00 AM
MOVANT: CAB WEST, LLC.
Docket 9
5/7/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 5/15/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Mirtha Correa Represented By Jennifer Ann Aragon
Movant(s):
Cab West LLC Represented By Jennifer H Wang
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: FIRST CREDIT FINANCE
Docket 7
5/8/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 5/15/18 @ 10am.
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Guillermo L Ramirez Pro Se
Joint Debtor(s):
Marcia Gutierrez Pro Se
Movant(s):
FIRST CREDIT FINANCE Represented By Vincent V Frounjian
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: SOUTH ST. ANDREWS PARTNERS, LP, A CA. LTD PARTNERSHIP
Docket 7
- NONE LISTED -
Deny motion as moot. Case has been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Bolivar Gallardo Pro Se
Movant(s):
South St. Andrews Partners, LP, A Represented By
Paul E Gold
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Adv#: 2:16-01503 Metcalf
fr. 1-30-18, 2-13-18, 4-10-18
Docket 32
4/9/18 - Mr. Goldberg will be filing stip/orders continuing the examination to 5/15/18 @ 2pm.
5/1/18 - Order signed continuing hearing to 5/15/18 @ 10am
1/18/18 -- At request of judgment creditor, examination continued to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 30, 2018.
Administer oath to judgment debtor and instruct parties to proceed to attorney conference to conduct examination.
2/9/18 -- At request of judgment creditor, examination continued to April 10, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Tentative Ruling for May 15, 2018:
If witness appears, have clerk administer oath and direct parties to adjourn to attorney conference room to conduct examination.
Debtor(s):
William Douglas Fisher Represented By
G Marshall Hann
10:00 AM
Plaintiff(s):
Marvin Metcalf Represented By Seth M Goldberg
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Adv#: 2:16-01503 Metcalf
fr. 1-30-18, 2-13-18, 4-10-18
Docket 32
4/9/18 - Mr. Goldberg will be filing stip/orders continuing the examination to 5/15/18 @ 2pm.
5/1/18 - Order signed continuing hearing to 5/15/18 @ 10am
1/18/18 -- At request of judgment creditor, examination continued to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 30, 2018.
Administer oath to judgment debtor and instruct parties to proceed to attorney conference to conduct examination.
2/9/18 -- At request of judgment creditor, examination continued to April 10, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Tentative Ruling for April 10, 2018:
If witness appears, have clerk administer oath and direct parties to adjourn to attorney conference room to conduct examination.
MATTER MOVED TO 10 AM CALENDAR.
2:00 PM
Debtor(s):
William Douglas Fisher Represented By
G Marshall Hann
Plaintiff(s):
Marvin Metcalf Represented By Seth M Goldberg
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Adv#: 2:15-01545 Mastan v. Kim et al
fr. 4-25-17, 8-1-17, 10-3-17, 11-14-17, 12-19-17, 1-30-18, 2-13-18
Docket 1
5/7/18 - Kyra Andrassy, (714)445-1000, has been approved for telephonic appearance on 5/15/18 @ 2pm
A notation on the file reflects that Judge Donovan set August 1, 2017 as a discovery cutoff and instructed plaintiff to lodge a scheduling order. Was such an order ever lodged?
Where is the joint (or collective) status report that should have been filed two weeks prior to the April, 2017 status conference? The most recent status report that the Court was able to locate was dated February 15, 2017 and was prepared for a March 1, 2017 status conference.
Order the parties to complete a day of mediation prior to the date of the next status conference.
4/28/17 -- Court approved scheduling order with following dates: Discovery cutoff -- 10/2/17
L/D to lodge order appointing mediator -- 5/30/17 L/D to complete mediation -- 8/1/17
Cont'd status conference -- August 1, 2017 at 2:00 p.m.
2:00 PM
L/D to file joint status report -- July 18, 2017
6/9/17 -- Court approved stipulation continuing deadline to complete mediation and discovery cutoff to October 3, 2017 and continuing status conference to October 3, 2017 at 2:00 p.m.
8/23/17 -- Court approved order appointing mediators.
9/7/17 -- Court approved stipulation continuing discovery cutoff to October 31, 2017 and continuing status conference to November 14, 2017 at 2:00 p.m.
OFF CALENDAR FOR OCTOBER 3, 2017.
10/12/17 -- Court approved stipulation continuing discovery cutoff to November 30, 2017 and continuing status conference to December 19, 2017
at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 14, 2017.
12/1/17 -- Court approved stipulation continuing discovery cutoff to January 15, 2018 and continuing status conference to January 30, 2018 at 2:00 p.m.
OFF CALENDAR FOR DECEMBER 19, 2017.
1/3/18 -- Court approved stipulation continuing discovery cutoff to February 13, 2018 and continuing status conference to February 13, 2018 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 30, 2018.
Tentative Ruling for February 13, 2018:
Where is the joint status report that was due two weeks before the status conference? What is the status of this matter? Hearing required.
2/9/18 -- Court approved stipulation continuing hearing to May 15, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
5/11/18 -- Court approved stipulation continuing status conference to July 31, 2018 at 2:00 p.m. and continuing discovery cutoff to July 31, 2018. OFF
CALENDAR FOR MAY 15, 2018.
2:00 PM
Debtor(s):
WELCOME MANAGEMENT Represented By Phillip H Kwon
Defendant(s):
Sang Hyun Kim Represented By Peter A Kim
Helen Pak Represented By
Peter A Kim
Loren Chang Represented By
Patricia M Bakst
Hope Healthcare Management, Inc. Represented By
Peter A Kim
Plaintiff(s):
Peter J Mastan Represented By Kyra E Andrassy
Trustee(s):
Peter J Mastan (TR) Represented By
Lei Lei Wang Ekvall Kyra E Andrassy
2:00 PM
Adv#: 2:16-01137 Ghoulian et al v. Omrani
fr. 5-24-16, 8-30-16, 1-24-17, 4-25-17, 8-15-17, 1-9-18, 1-23-18
Docket 1
- NONE LISTED -
Set discovery cutoff for end of August. When does plaintiff anticipate being in a position to file motion for summary judgment or partial summary adjudication?
5/26/16 -- Court approved scheduling order setting discovery cutoff of August 31, 2016.
6/14/16 -- Court approved stipulation adding trustee as co-plaintiff.
Tentative Ruling for August 30, 2016:
Set discovery cutoff for approximately 60 days and deadline for filing contemplated motion for summary judgment for approximately 30 days thereafter.
8/31/16 -- Court approved scheduling order setting following dates: Continued status conference -- January 24, 2017 at 2:00 p.m.
L/D to file joint status report -- January 10, 2017
L/D for plaintiff to file and serve motion for partial summary judgment -- November 29, 2016
2:00 PM
Hearing on motion -- January 24, 2017 at 2:00 p.m. L/D to complete discovery -- October 31, 2016.
Tentative Ruling for August 15, 2017:
Revisit status of action after conclusion of related matter on calendar.
11/13/17 -- court approved stipulation continuing hearing to January 23, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 9, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 23, 2018:
Court waived requirement of a joint status report. What is the status of this matter? Hearing required.
1/26/18 -- Court signed scheduling order setting following dates: Pretrial conference -- May 15, 2018 at 2:00 p.m.
L/D to lodge joint pretrial order -- May 1, 2018 Deadline for completion of mediation -- May 15, 2018
L/D to lodge order appointing mediator -- February 16, 2018 2/2/18 -- court approved order appointing mediators.
Tentative Ruling for May 15, 2018:
Many of the agreed facts recited are incomprehensible. Most have typographical errors. The list of disputed facts contains evidentiary facts that are not the actual facts at issue here. Some of the legal issues are irrelevant or misstated. In short, much of the proposed pretrial order is a mess.
Discuss options with the parties for proceeding with this action.
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
2:00 PM
Defendant(s):
Mike Omrani Represented By
Stella A Havkin
Plaintiff(s):
Hertzel Ghoulian Represented By Michael F Frank
Rosendo Gonzalez (TR) Represented By Michael F Frank
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:18-01072 Groomes-Love v. WELLS FARGO BANK, N.A.
Docket 1
- NONE LISTED -
4/23/18 -- Court approved stipulation continuing hearing to June 26, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 15, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Philis Groomes-Love Represented By Philip D Dapeer
Defendant(s):
WELLS FARGO BANK, N.A. Represented By Dean G Rallis Jr
Plaintiff(s):
Philis Groomes-Love Represented By Philip D Dapeer
2:00 PM
Adv#: 2:17-01015 Gonzalez, Chapter 7 Trustee v. Creditors Specialty Service of Nevada, Inc., a
fr. 3-28-17, 5-2-17, 5-16-17, 9-12-17, 12-5-17, 2-13-18
Docket 1
- NONE LISTED -
Have recent events had any impact on this adversary proceeding? If so, how so? Have defendants obtained replacement counsel?
Hearing required.
4/21/17 -- Court approved order continuing hearing to May 16, 2017 at 2:00
p.m. OFF CALENDAR FOR MAY 2, 2017. NO APPEARANCE REQUIRED. Tentative Ruling for May 16, 2017:
Revisit status of action after conclusion of hearing on OSC.
5/18/17 -- Court approved scheduling continuing status conference to September 12, 2017 at 2:00 p.m. and setting discovery cutoff of September 29, 2017. Parties are to file joint status report not later than August 29, 2017.
Tentative Ruling for September 12, 2017:
Will the parties require additional time to complete discovery? Why don't the
2:00 PM
parties want this matter sent to mediation? Hewaring required.
Tentative Ruling for December 5, 2017:
Attaching Stanley's emails as exhibits to the pretrial order does not work. The trustee's counsel should use her best efforts to interpret the emails and move from the undisputed facts portion of the proposed order to the disputed facts portion the items identified in Stanley's emails and should add the defendant's proposed witnesses to the body of the order.
Tentative Ruling for February 13, 2018:
Court has additional comments and questions about the form of the pretrial order that will be discussed on the record at the time of hearing.
2/16/18 -- Court signed scheduling order with following dates: Cont'd pretrial conference/holding date -- May 15, 2018 at 2:00 p.m.
L/D for parties to designate experts and exchange expert witness reports -- April 2, 2018
L/D to designate rebuttal experts -- May 1, 2018
L/D to complete expert witness discovery -- May 1, 2018 L/D for trustee to lodge revised pretrial order -- May 4, 2018
Tentative Ruling for May 15, 2018:
Court has a few questions and comments with regard to the form of the pretrial order that will be discussed on the record at the time of the pretrial conference.
Debtor(s):
Creditors Specialty Service, Inc. Represented By Neil C Evans
Defendant(s):
Creditors Specialty Service of Pro Se
2:00 PM
Creditors Specialty Service, Inc., a Represented By
Neil C Evans
Charles V. Stanley, an individual Pro Se
Does 1 - 15 Pro Se
Plaintiff(s):
Rosendo Gonzalez, Chapter 7 Represented By Jessica L Bagdanov David Seror
Trustee(s):
Rosendo Gonzalez (TR) Represented By David Seror
Jessica L Bagdanov Talin Keshishian
2:00 PM
Adv#: 2:18-01106 Malipep, LLC v. Taylor et al
Docket 3
NONE LISTED -
Continue hearing to give movant an opportunity to serve debtor as well as debtor's counsel.
Debtor(s):
Arnetta Taylor Represented By Freddie L Fletcher
Defendant(s):
Arnetta Taylor Represented By Freddie L Fletcher
Gregory L Belcher Represented By Freddie L Fletcher
Teresa Owens Represented By Freddie L Fletcher
Movant(s):
Malipep, LLC Represented By
Edward L Felman David S Hagen
Plaintiff(s):
Malipep, LLC Represented By
Edward L Felman
2:00 PM
Trustee(s):
David S Hagen
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Sustaining Objection to Debtor's Claim of Exemption
Compelling Turnover of Estate Property fr. 1-24-18, 3-20-18
Docket 38
NONE LISTED -
Tentative Ruling for January 28, 2018:
Trustee is correct that settlement proceeds are property of debtors' bankruptcy estate, but that is a different question from whether or not that property is exempt. Trustee is correct that debtors cannot now switch to 704 exemptions in light of the fact that their bankruptcy case was administered with the exemptions available under section 703. Debtors cannot refuse to produce copies of relevant documents including settlement agreement to trustee. Trustee is the real party in interest unless and until the proceeds have been exempted from the bankruptcy estate and they won't be exempted unless the trustee has an opportunity to review the operative documents.
Continue hearing to give debtors an opportunity to amend their Schedule C to assert exemptions under the 703 series and for the parties to engage in discovery. Issue notice deeming matter to be an adversary proceeding for procedural purposes and set continued status conference.
Final Ruling for January 28, 2018:
(See order entered January 29, 2018.) Issue order advising parties that court will treat this contested matter as an adversary proceeding for procedural
2:00 PM
purposes. Court bifurcated issues raised by motion for purposes of discovery and hearing; the first issue to be addressed is whether the proceeds are property of the bankruptcy estate. Court set March 20, 2018 at 2:00 p.m. as a status conference and waived the requirement of a status report.
Tentative Ruling for March 20, 2018:
When do the parties anticipate that they will have completed discovery with regard to the first issue? Hearing required.
Tentative Ruling for May 15, 2018:
Discuss with parties whether it is necessary for the trustee to sign a stipulated protective order in order to obtain copies of the relevant documents and, if so, whether the stipulated order proposed by the debtor is appropriate to the task. Hearing required.
Debtor(s):
Robert Louis Ditchey Sr. Represented By
Susan I Montgomery
Joint Debtor(s):
Nathalie R. Ditchey Represented By
Susan I Montgomery
Movant(s):
Rosendo Gonzalez (TR) Represented By Toan B Chung
Trustee(s):
Rosendo Gonzalez (TR) Represented By Toan B Chung
2:00 PM
$400,000.00 fr. 11-15-17
Docket 67
NONE LISTED -
Tentative Ruling for November 15, 2017:
Dismissal of an adversary complaint objecting to a discharge as late-filed does not bar a claimant from submitting a proof of claim. There are genuine issues of material fact that the court cannot adjudicate summarily. Deem claim objection to be an adversary proceeding for procedural purposes and conduct hearing as status conference.
Final Ruling for November 15, 2017:
Continue hearing to May 15, 2018 at 2:00 p.m. to give the parties an opportunity to liquidate the claim in state court. Debtor will lodge an order granting relief from stay to permit matter to proceed in state court. Parties should file joint status report not later than May 1, 2018 in any format.
Tentative Ruling for May 15, 2018:
Status report was filed late. Parties report that matter has been settled and that they will be stipulating to an allowed claim in a specified amount. When do the parties anticipate that the stipulation will be filed? Hearing required.
5/14/18 -- Court approved stipulation resolving matter. OFF CALENDAR. NO APPEARANCE REQUIRED.
2:00 PM
Debtor(s):
Tod C Brewer Represented By Andrew S Mansfield
Trustee(s):
Heide Kurtz (TR) Represented By Timothy J Yoo Carmela Pagay
2:00 PM
fr. 3-20-18, 4-25-18
Docket 34
NONE LISTED -
Tentative Ruling for March 20, 2018:
Court does not understand what the trustee is trying to say with regard to the propriety of selling this property free and clear of liens under section 363(f)(5). Additional clarification is required.
Provided trustee can articulate a basis for a sale free and clear (and/or that the secured creditors consent to the sale), and provided further that notice and marketing efforts have been adequate under the circumstances, grant portion of motion that seeks authority to sell property subject to overbid.
Continue hearing on balance of relief sought by motion to provide a meaningful opportunity for affected parties to respond to the motion. There is no urgency to the trustee's request to surcharge the lender's collateral for all of his administrative expenses and an amount sufficient to free up a 20 of the proceeds for unsecured creditors. That should not be heard on an emergency basis. In the interim, sales proceeds may be held pending further order of the court.
What is the trustee's response to the positions advanced in the landlord's limited opposition?
2:00 PM
Final Ruling for March 20, 2018 (order entered March 26, 2018; amended
order entered April 17, 2018):
Grant motion to the extent that trustee seeks authority to sell property. Continue hearing on surcharge request to April 25, 2018 at 10:00 a.m. Oppositions will be due by April 11, 2018. Replies will be due by April 18, 2018. City is authorized to put up fencing and give key/access to trustee. Trustee is to provide correct insurance and procure more if required. Trustee should file and serve a supplement to this motion, clarifying how much the trustee is seeking to surcharge collateral, not later than March 30, 2018. By April 18, 2018, Trustee should either obtain consent/acknolwedgment in writing from secured creditors as to which collateral is free and clear of tax liens or commence an adversary proceeding to obtain such a determination. (Court needs an adversary proceeding to adjudicate extent, validity, priority of liens if there is no consensus among the parties.)
Tentative Ruling for April 25, 2018:
Court appreciates the efforts to which counsel has gone to obtain clarification from the lienholders, but the emails attached to the supplement are largely meaningless without the attachments to which they refer. For example, although the Exhibit 2 cite CCP 697.530 and subpart (d)(1) thereof, it concludes with the statement, "In reviewing the list of purchased items, it appears that Sherwin's JL-1 would cover any and all such items listed." Were the vehicles on this list? If so, it appears that, notwithstanding the language of section 697.530(d)(1), Sherwin is claiming an interest in the vehicles.
Further, the EDD's email says, "EDD will not be asserting any interest in the non-titled items on the included Listing of Purchased Assets." What about the "titled" assets? Does the list of purchased assets include a section called, "Non-titled items"?
Exhibits 5, 6 and 7 seem more clear. These creditors appear to be saying that they claim a lien against everything other than any vehicles that have to be registered with the DMV.
2:00 PM
In Exhibit 8 and 9, the LA County tax collector and the IRS appear to be saying that their liens do not attach to any of the items sold. The FTB appears to be saying in Exhibit 10 that it does not have any liens.
Where do we stand with regard to consummation of the sale and the trustee's attempt to surcharge the lender's collateral?
Hearing required.
5/7/18 -- Court signed order resolving matter. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
California Sandblasting & Coating, Represented By
Alan F Broidy
Movant(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
Trustee(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
10:00 AM
Docket 9
NONE LISTED -
What, if anything, did debtor do with regard to the credit counseling course before filing bankruptcy? Hearing required.
Debtor(s):
Victor Hurtado Zarate Represented By Francis Guilardi
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 10
NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Andrea Michelle Welcher Represented By Giovanni Orantes
Movant(s):
American Honda Finance Represented By Alex Pettigrew
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 40
NONE LISTED -
Court set this matter for hearing to discuss with professional and parties the extent to which it is, and is not, permissible for professional to receive compensation from the estate.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan
10:00 AM
Docket 17
NONE LISTED -
This is not the debtor's first bankruptcy case this year. The first case
(18-10621-BR) was filed January 19, 2018. Schedules were due February 2. On February 5, counsel moved for an extension of time to file schedules until February 15 on the ground that his father had just passed away. That motion was granted on February 6. On February 16, debtor moved for a further extension of time (to March 10), this time, explaining that "the first extension of time did not allow time to finalize the documents due to not receiving the Order granting the extension until just days before the deadline." That motion was denied and the first case was dismissed.
The instant case was filed on March 21, again without complete schedules. The missing documents were due April 4. The case was dismissed for failure to file schedules on April 9. On April 10, debtor moved for an extension of time to file schedules. That motion was denied as the case had already been dismissed. Debtor now moves to vacate the dismissal.
Deny motion. Debtor had more than ample time to prepare the schedules in her prior case. They should have been ready to go by the time she filed this case, as the case was filed 11 days after the date counsel requested in his second extension motion in her prior case.
Debtor(s):
Cynthia Thomas Represented By Mark S Smith
10:00 AM
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Use Cash Collateral On An Interim Basis Pending A Final Hearing
Grant Replacement Liens
Set Final Hearing fr. 4-18-18
Docket 10
NONE LISTED -
Tentative Ruling for April 18, 2018:
On what does debtor base its projection that monthly revenues will increase by the amounts set forth in the budget from 2017 monthly figure?
Authorize debtor to use cash collateral between now and date of final hearing up to an aggregate amount to be determined at the hearing to the extent absolutely necessary for the purpose of paying operating expenses with regard to the debtor's business in accordance with the budget plus a 10 percent variance. (Debtor may not establish any carveouts during the interim period.) All lenders shall receive replacement lien on post-petition assets, other than avoiding power recoveries, to secure the diminution in value of their prepetition collateral. Post-petition liens shall have the same validity and priority as prepetition liens. Set final hearing date and briefing schedule.
Final Ruling for April 18, 2018:
Authorize debtor to expend up to a total of $43,000 between petition date and close of business on May 18, 2018 solely to the extent absolutely necessary
11:00 AM
to pay operating expenses for debtor and in accordance with budget plus a 10 percent variance. Set final hearing for May 16, 2018 at 11:00 a.m. Debtor shall file and serve supplemental papers in support of motion, which should include revised budget and actuals for months of February and March and as much of April as is possible and a comparison of budget to actuals, not later than May 7, 2018. Supplemental oppositions should be due May 14, 2018.
Tentative Ruling for May 16, 2018:
Why does Exhibit 1 show a payment to Alvin Lo in the actual column of
$10,299.38 when the budget shows $5,000 and a payment to Marie Lo of
$2,564.90 when there is no budgeted item? Has insider compensation been approved?
Why does Exhibit 2 have no data for the actual expenses for February, March and April?
How exactly did it happen that the debtor was using Alvin Lo's personal account for approximately 2 and a half weeks? Has the debtor's principal turned over all of the estate's money or are there still funds in the incorrect account?
Hearing required.
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
11:00 AM
Use Cash Collateral On An Interim Basis Pending A Final Hearing
Grant Replacement Liens
Set Final Hearing fr. 4-18-18
Docket 7
NONE LISTED -
Tentative Ruling for April 18, 2018:
On what does debtor base its projection that monthly revenues will increase by the amounts set forth in the budget from 2017 monthly figure? How does debtor intend to achieve the reduction in salary contemplated by the budget from 2017 figures?
Authorize debtor to use cash collateral between now and date of final hearing up to an aggregate amount to be determined at the hearing to the extent absolutely necessary for the purpose of paying operating expenses with regard to the debtor's business in accordance with the budget plus a 10 percent variance. (Debtor may not establish any carveouts during the interim period.) All lenders shall receive replacement lien on post-petition assets, other than avoiding power recoveries, to secure the diminution in value of their prepetition collateral. Post-petition liens shall have the same validity and priority as prepetition liens. Set final hearing date and briefing schedule.
Final Ruling for April 18, 2018:
11:00 AM
Authorize debtor to expend up to a total of $43,000 between petition date and close of business on May 18, 2018 solely to the extent absolutely necessary to pay operating expenses for debtor and in accordance with budget plus a 10 percent variance. Set final hearing for May 16, 2018 at 11:00 a.m. Debtor shall file and serve supplemental papers in support of motion, which should include revised budget and actuals for months of February and March and as much of April as is possible and a comparison of budget to actuals, not later than May 7, 2018. Supplemental oppositions should be due May 14, 2018.
Tentative Ruling for May 16, 2018:
See tentative ruling for matter no. 100.
Debtor(s):
OptometRx Optometry, Inc. Represented By Robert M Yaspan
2:00 PM
Docket 88
NONE LISTED -
The Court has a number of concerns with regard to the form of the plan and disclosure statement that will be discussed on the record at the time of hearing on the disclosure statement.
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
2:00 PM
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. Set deadline for filing chapter 11 plan.
11/20/17 -- Court signed scheduling order with following dates: L/D to serve notice of bar date -- November 17, 2017
Bar date -- January 8, 2018
L/D to file updated status report -- February 16, 2018
Cont'd status conference -- February 28, 2018 at 11:00 a.m. L/D to file plan and disclosure statement -- March 31, 2018
Tentative Ruling for February 28, 2018:
Court signed an order authorizing the employment of Jennifer Min Liu as accountant on December 5, 2017. Why has the debtor filed another motion to approve her employment? Is different relief being requested this time?
Hearing required.
Tentative Ruling for May 16, 2018:
Revisit status of case after conclusion of hearing on disclosure statement.
2:00 PM
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
2:00 PM
fr. 3-14-18
Docket 103
NONE LISTED -
Tentative Ruling for March 14, 2018:
Court is not prepared to convert or dismiss the case at this time. Continue hearing on motion for approximately 90 days to see if debtor files a plan of reorganization that has any realistic prospect of being confirmed.
Final Ruling for March 14, 2018:
Continue hearing to May 16, 2018 at 2:00 p.m. Briefing closed.
Tentative Ruling for May 16, 2018:
Revisit status of motion after conclusion of related matters on calendar.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
1) Approving Debtor's Disclosure Statement
Approving Solicitation voting, balloting and notice procedures
Setting Confirmation Hearing and certain deadlines in connection with the Debtor's Plan of Reorganization
Docket 127
NONE LISTED -
See tentative ruling for matter no. 204.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
Docket 125
NONE LISTED -
It is unclear how the court could ever find that a plan is feasible if there is no court order that actually requires the debtor's estranged spouse to continue making the support payments on which the plan relies. And if these payments were formalized, wouldn't the debtor be required to pay taxes on them (at least the portion that would be characterized as spousal rather than child support)?
Hearing required.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
Docket 1
NONE LISTED -
Set deadline for service of bar date and bar date.
Order authorizing counsel's employment was signed/entered June 14, 2017. Debtor is an attorney who consults, yet the vast majority of the income reflected on the budget is "monthly support." Is this from her ex-husband? Approximately how many hours per week does debtor spend doing legal- related work?
Where is the debtor currently living? Is the Bentley property habitable? What happened to the property that gave rise to the $70,000 in insurance proceeds? What transpired in the state court that led to the entry of a judgment against the debtor "on procedural grounds"?
Why are there two separate lines that both include the cost of summer school and camp for debtor's child/children? Where do debtor's children go to school? Debtor's financial troubles include, according to the status report, medical bills. Budget does not include a line-item for medical insurance.
Why not? Are these medical bills likely to be recurring or were they the result of a condition that has now been cured or eliminated?
The entries for home insurance and car insurance on the budget are blank. Who pays for these expenses? Does the debtor have a car? There do not appear to be any vehicle-related expenses on the budget. Why no?
Hearing required.
2:00 PM
6/29/17 -- Court signed scheduling order with following dates:
L/D to serve bar date notice -- July 7, 2017 Bar date -- August 31, 2017.
7/6/17 -- Court signed scheduling order with following dates: L/D to serve bar date notice -- July 7, 2017
Bar date -- August 31, 2017.
Cont'd case status conference -- October 4, 2017 at 11:00 a.m. L/D to file updated status report -- September 22, 2017.
Tentative Ruling for October 4, 2017:
How much work remains to be done on the property? Does the debtor have an estimate as to when the property will be in a condition to be rented?
Hearing required.
Tentative Ruling for February 28, 2018:
Continue hearing to March 14, 2018 at 10:00 a.m. to be heard concurrently with motion to convert set for same date and time. APPEARANCES WAIVED ON FEBRUARY 28, 2018.
Tentative Ruling for March 14, 2018:
Revisit status of case after conclusion of hearing on related motions. 3/19/18 -- Court approved scheduling order with following dates: Cont'd status conference -- May 16, 2018 at 2:00 p.m.
Filing of updated status report waived
L/D for debtor to file plan and disclosure statement -- March 30, 2018\ Hearing on disclosure statement -- May 16, 2018 at 2:00 p.m.
Tentative Ruling for May 16, 2018:
2:00 PM
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
Approve Compromise between Debtor Altadena Lincoln Crossing, LLC and George Garikian as Trustee of the George Garikian Living Trust;
Modify Cash Collateral Order to Approve $50,000 Expenditure Required by Compromise
fr. 2-28-18
Docket 369
5/11/18 - John Tedford, (310) 277-0077, has been approved for telephonic appearance on 5/16/18 @ 2pm
Tentative Ruling for February 28, 2018:
NOTE: It is not helpful that the debtor is defined at the beginning of the Motion as the "Debtor," but then periodically referred to as ALC, which has no definition in the body of the motion.
The fact that EWB may have reviewed the leases that are to be assumed is not helpful. The court had not reviewed them. They have now been provided, but where is the indemnification agreement and the SK Market lease? The debtor intends to assume the indemnification agreement, and that agreement reportedly obligates the debtor to indemnify Garikian against the risk that B&V will argue that agreements between the debtor and Garikian will result in the debtor's inability to perform under the SK Market lease. The Court cannot evaluate this risk and the debtor's possible exposure under the indemnification agreement without being able to see these documents.
And has B&V been served with this motion? It would be helpful to know whether B&V believes that all of the parking issues will be resolved if this
2:00 PM
compromise is approved.
The Court agrees with EWB that the motion does not discuss the impact on the debtor or its operations or the value of the property from assuming the leases and the indemnification agreement. Similarly missing from the motion is any discussion of how/why EWB will remain adequately protected if
$50,000 of its cash collateral is diverted to this use. Motion asserts that this will be the case but does not provide any support for this conclusion.
Are there any timing constraints? When would the debtor realistically anticipate that construction would begin? Are there be any actual bids or construction contracts or other documentation to support the debtor's estimate that $50,000 will suffice for this work? Is there any reason that the compromise needs to be approved now, or can it be permitted to trail with the other confirmation issues?
Hearing required.
Final Ruling for February 28, 2018:
Continue hearing to May 16, 2018 at 2:00 p.m. Debtor should serve and file supplemental declaration and serve papers on B&V by April 4. Any supplemental oppositions must be filed by April 18, 2018. Supplemental replies must be filed by May 14, 2018.
Tentative Ruling for May 16, 2018:
Rulings on Evidentiary Objections:
Overrule (but, if late filing gave rise to prejudice, court will further continue hearing).
Overrule.
Ovverule.
Sustain (best evidence).
Sustain (best evidence).
Sustain (best evidence).
Sustain (lack of foundation/personal knowledge).
Sustain. (This is not testimony. It is argument.)
2:00 PM
Sustain (best evidence).
Overrule.
Sustain. (This is not testimony. It is argument.)
Sustain (hearsay).
Overrule.
Sustain. (This is not testimony. It is argument.)
Overrule.
Sustain. (This is not testimony. It is argument.)
Overrule.
Overrule.
Sustain. (This is not testimony. It is argument.)
Overrule.
Why was supplemental memorandum filed so late (more than three weeks past due date)? Why wasn't the information specifically requested by the Court included? Is it possible for the Court to actually hear from B&V (or SK Market) what it's position is, rather than being given vague, hearsay assurances as to what it will take to appease SK Market?
Hearing required.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
fr. 1-10-18, 1-31-18, 2-28-18
Docket 259
5/11/18 - John Tedford, (310) 277-0077, has been approved for telephonic appearance on 5/16/18 @ 2pm
Tentative Ruling for January 10, 2018:
If the debtor succeeds in confirming a plan that pays unsecured creditors in full, any distribution that the debtor may want to make to Bank of American will not adversely affect any other creditor. However, debtor has not yet confirmed such a plan and, in the interim, court agrees that the proposed settlement appears rather generous to Bank of America in light of its failure to file a timely proof of claim. As the parties contemplate that the claim will be paid over time under the debtor's plan, there does not appear to be any urgency to the court's approving the compromise now rather than later.
Continue hearing to permit compromise to be considered concurrently with confirmation of the debtor's plan.
Tentative Ruling for May 16, 2018:
Continue to trail motion for approval of compromise with confirmation-related hearings.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
2:00 PM
Gregory M Salvato
2:00 PM
Docket 482
5/11/18 - John Tedford, (310) 277-0077, has been approved for telephonic appearance on 5/16/18 @ 2pm
The debtor is free to incorporate the parties' agreed plan treatment into its current version of the plan, but the court will not approve that compromise separate and apart from confirmation of the plan. It may be appropriate to liquidate the amount of the creditors' claims in advance of (and separate from) confirmation, but the treatment of those claims and the secured status of those claims cannot be resolved until the court knows whether there is collateral available to reach those liens and evaluates the proposed treatment in conjunction with the balance of the debtor's plan.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
Docket 486
5/11/18 - John Tedford, (310) 277-0077, has been approved for telephonic appearance on 5/16/18 @ 2pm
Grant motion. Allow fees and costs requested, ratify application of retainer. Unpaid balance of claim should be paid when other chapter 11 professionals are paid.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
Docket 430
5/11/18 - John Tedford, (310) 277-0077, has been approved for telephonic appearance on 5/16/18 @ 2pm
Did creditors vote on a version of the plan that includes all currently proposed compromises?
The court has a few questions based on EWB's bullet-point objections to confirmation that will be discussed on the record at the time of hearing.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
fr. 5-31-17, 6-14-17, 8-2-17, 10-4-17, 10-18-17, 11-29-17, 1-31-18, 2-28-18
Docket 1
5/11/18 - John Tedford, (310) 277-0077, has been approved for telephonic appearance on 5/16/18 @ 2pm
5/22/17 -- Court granted motion setting bar date of August 9, 2017. Tentative Ruling for May 31, 2017:
Continue case status conference to date that can serve as date of hearing on disclosure statement, unless debtor plans to commence payments instead of filing plan on 90th day.
Tentative Ruling for June 14, 2017:
Debtor has now filed plan and disclosure statement. Continue case status conference to date of hearing on disclosure statement.
Tentative Ruling for August 2, 2017:
Continue case status conference to date of continued hearing on disclosure statement.
8/31/17 -- Court signed order continuing hearing to October 18, 2017 at 2:00
p.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for May 16, 2018:
Revisit status of case after conclusion of hearing on disclosure statement.
2:00 PM
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
Adv#: 2:16-01389 Richard K. Diamond, Chapter 7 Trustee v. Jacqueline Ann Meek,
fr. 4-25-17, 8-1-17, 8-15-17, 2-6-18, 2-27-18
Docket 1
NONE LISTED -
Set discovery cutoff date and deadline for plaintiff to file motion for summary judgment or partial summary adjudication. Continue status conference to date that can be used as hearing on motion for summary judgment.
7/12/17 -- Court approved stipulation continuing hearing to August 15, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 1, 2017.
Tentative Ruling for August 15, 2017:
Revisit status of action after conclusion of hearing on motion for summary judgment or partial summary adjudication.
Tentative Ruling for October 17, 2017:
Discovery has closed. Do the parties need to reopen discovery on the issue of the value of AVRS? Set deadlines concerning expert disclosures and expert discovery.
10/23/17 -- Court approved scheduling order with following dates: 10/31/17 -- L/D to exchange names and addresses of expert witnesses
2:00 PM
12/15/17 -- L/D to exchange expert witness reports 1/16/18 -- L/D to conduct depositions of expert witnesses 1/23/17 -- L/D to lodge proposed joint pretrial order 2/6/18 at 2:00 p.m. -- Pretrial conference
12/18/17 -- Court approved stipulation setting following dates:
L/D for parties to file and exchange expert witness reports -- January 8, 2018 L/D to depose experts -- February 6, 2018
L/D to lodge joint pretrial order -- February 13, 2018 Pretrial conference -- February 27, 2018 at 2:00 pm
Tentative Ruling for February 27, 2018:
At request of parties, continue pretrial conference to May 22, 2018 at 2:00
p.m. Plaintiff should lodge a scheduling order with the dates set forth in the parties' Joint Pre-trial Statement Regarding Settlement. APPEARANCES WAIVED ON FEBRUARY 27, 2018.
Tentative Ruling for May 22, 2018
At request of parties, in light of pending settlement, take pretrial conference off calendar and set a further status conference for July 31, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 22, 2018.
Debtor(s):
Gary Meek Represented By
Jeremy Faith
Defendant(s):
Jacqueline Ann Meek, Individually Represented By
Michael J Conway James R Felton
Yi S Kim
2:00 PM
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Steven Werth Elissa Miller
Trustee(s):
Richard K Diamond (TR) Represented By Elissa Miller Steven Werth
2:00 PM
Docket 75
NONE LISTED -
Grant motion. Extend trustee's deadline to assume or reject lease until August 24, 2018. Waive appearances. Trustee is authorized to upload order consistent with tentative ruling. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Colima BBQ, Inc Represented By Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh
2:00 PM
[OST]
Docket 68
5/17/18 - Julian Bach, (714)848-5085, has been approved for telephonic appearance on 5/22/18 @ 2pm
5/21/18 Kelly Sweeney/Glen Kelble, (805)777-1175, has been approved for telephonic appearance on 5/22/18 @ 2pm
The Court conducted hearings on the UST's motion to convert, dismiss or appoint a chapter 11 trustee in the debtor's prior bankruptcy case on both March 14, 2018 and April 5, 2018. At the first hearing, the court issued the following tentative ruling based on a declaration signed by the debtor as to his failure to file tax returns:
Tentative Ruling for March 14, 2018:
The debtor was unaware his accountant had not filed tax returns for him since 2013? Really? A debtor in possession is a fiduciary for the benefit of its creditors. Does this debtor understand what that entails and how important it is for this court to be able to rely upon the debtor's truthfulness?
Hearing required.
At the hearing on March 14, 2018, the Court learned that the debtor had been using cash collateral without authority and issued its own Order to Show Cause re the appointment of a chapter 11 trustee. The hearing on the OSC and a continued hearing on the UST's motion were set for April 5, 2018.
2:00 PM
In connection with the April 5 hearing, the Court issued the following tentative ruling:
Tentative Ruling for April 5, 2018:
The Court remains extremely concerned about the debtor's ability to perform the functions of a fiduciary for the benefit of his creditors, based both on the apparent inexperience, inattention or incompetence of his counsel and of the debtor's failure to be forthcoming until instructed by others to do so. At the March 14 hearing, counsel for the debtor demonstrated that he did not understand the meaning of the word sequester or the requirement that cash collateral not be used until the debtor had obtained either a court order or the secured creditor's consent to use the cash.
Thereafter, counsel filed materials that should have been submitted to the US Trustee directly with the Court, putting into the public record various matters that should not have been made public. And the schedules contained a number of material omissions that need to be remedied: (1) the failure to disclose the debtor's shared interest in commercial real property in Kentucky; (2) the debtor's failure to disclose a receivable from Henderson Mechanical for
$300,000; (3) the debtor's failure to disclose payments received from Sharma and Martini in exchange for the sale of his interest in property at 4712 West 164th Street, Lawndale, CA; and (4) the debtor's failure to disclose his liability under a personal guaranty of a lease of property from Lomita Blvd. Investments. The combination of a debtor who is either unable without competent assistance or unwilling to fulfill his duties and an attorney who is either unable or unwilling to provide that competent assistance is problematic. The Court cannot permit this case to move forward without either a competent fiduciary or a competent professional. Discuss possible solutions with the parties.
Rather than have this court appoint a trustee or convert the case, at the April 5 hearing, the debtor requested that the case be dismissed. The Court was only willing to grant, and the UST was only willing to support, this alternate relief if the dismissal included a 180-day bar to refiling. Thus, the case was
2:00 PM
dismissed with a 180-day bar.
The debtor has now retained replacement counsel who may be more competent than her predecessor; however, the incompetence of counsel was not the only reason this case was dismissed with a bar. As discussed in both the March and April tentative rulings, the Court was and is of the opinion that the debtor cannot be relied upon to be forthcoming and truthful and to act in the best interests of his creditors. Accordingly, the Court will only lift the bar and permit this debtor to file a new chapter 11 case if a chapter 11 trustee is immediately appointed in the case. Alternatively, the Court will lift the bar if the debtor would like to file a chapter 7 case, but it will not permit this debtor to be a chapter 11 debtor in possession.
Debtor(s):
James Paul Lee III Represented By Onyinye N Anyama
10:00 AM
fr. 11-15-17, 11-29-17, 3-14-18, 3-21-18
Docket 271
NONE LISTED -
10/18/17 -- At hearing held this date, Court continued hearing to November 29, 2017 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for November 29, 2017:
Court agrees with debtor that it did not waive its right to argue that default interest charges are unenforceable under applicable nonbankruptcy law. One cannot agree to pay an unenforceable penalty. None of the release cases cited by EWB are instances in which a debtor was held to have waived or released the right to argue that it should not be required to pay default interest because the obligation to pay that interest was an unenforceable penalty. (Perhaps it would be a different scenario if the debtor were paying off the lender and both sides were agreeing that the amount paid was payment in full and no further amounts would be sought or due in either direction and that agreement included 1542 waivers.) Court is not persuaded by EWB's laches, equitable estoppel or unclean hands arguments.
It is true that debtor bears the ultimate burden of proof in establishing that a liquidated damages provision (here, default interest) is unenforceable, but, absent discovery, a borrower will not have access to any discussions or actions that may have occurred on the lender's side of the transaction that led the lender to impose a particular default interest rate. And, if the lender's responses to discovery do not provide any evidence of prior or contemporaneous efforts on the part of the lender to arrive at a default interest rate that was intended to compensate for the actual anticipated
10:00 AM
damage that would result from a default, a borrower will have carried its burden of proof. See Cal. Bank & Trust v. Shilo Inn Seaside East, LLC, 2012
U.S. Dist. LEXIS 163134.
There is an additional legal issue here: whether, assuming the default interest provision would otherwise have been an unenforceable penalty under nonbankruptcy law, the debtor could waive that defense and render the penalty enforceable in exchange for the lender's forbearance and whether that in fact occurred here. A mere recital of what the lender claims as default interest in the forbearance agreement will not change the enforceability of a penalty provision. And, notably, here, the lender creates new potentially unenforceable penalty provisions in the forbearance agreement itself. In section 2(d) of the agreement, the lender agrees that, if the payments are made in accordance with the new schedule set forth in the forbearance agreement, the lender will forgive the default interest charges. So, once again, the question becomes whether these charges are being threatened/imposed as a penalty to coerce the debtor to perform in a timely manner (in which case they are unenforceable) or whether they represent a reasonable attempt to quantify the actual damages that lender will suffer in the event that payments are made late.
Here, the initial nondefault interest rate was 6.75 percent. The default interest rate increased that rate by 6 percent over the variable index rate. (This was in addition to a late charge equal to 6 percent of each delinquent payment.) Where did these numbers come from? Does this default interest rate represent a reasonable attempt by the lender to quantify its actual damages in the event of a default? Discovery is not yet complete, but does lender believe that it will locate additional relevant documents if discovery is permitted to continue?
Hearing required.
Final Ruling for November 29, 2017:
Continue hearing to March 14, 2018 at 11:00 a.m. Parties should file and serve supplewmental papers simultaneously not later than February 28, 2018. Any experts should be disclosed by January 17, 2018. Disclosure should
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include who the expert is, their contact information and a summary of their anticipated testimony. Hearing will not be an evidentiary hearing.
2/27/18 -- Court approved stipulation continuing hearings to March 21, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 14, 2018.
Tentative Ruling for March 21, 2018:
Under section 1671(b), a liquidated damages provision will be enforceable unless the party challenging that charge proves that the provision was unreasonable under the circumstances existing at the time the parties entered into the agreement. The debtor has argued that the default interest provision, increasing the interest rate by 5 percent, was unreasonable because it is enormous in comparison to the amount of the underlying obligation and is disproportional to any of the bank's anticipated losses, particularly in light of the fact that the bank imposed other fees and charges to account for/reimburse it for any actuallly anticipated damage, including late charges, attorneys' fees, expense reimbursements and exit fees. (Does the bank concede that the actual amount of the exit fees should be $600,000 and not $1.715 million?) The debtor argues further that the bank made no effort to estimate its actual damages and never thought of this as compensation for actual losses. The bank repeatedly referred to the default interest charges as "penalties" and viewed them as such, offering to waive them in forebearance agreements but never offering to waive its actual damages.
The bank's response is, in substance, the default interest rate is reasonable because we say so, because other banks were charging this default rate at the time too and because it is impossible to make any attempt to quantify actual damages. This cannot be sufficient to overcome the arguments advanced by the debtors. "Because we say so" and "everybody's doing it" have never been persuasive arguments. "We just gave up and pulled a number out of the air" isn't much better. The problem with this argument is that it can be used to justify any default interest rate whatsoever. Essentially, the bank's argument collapses down to this rate is reasonable because other lenders typically charge this amount or more.
Nevertheless, as reasonableness is an inherently factual issue, requiring the
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court to weigh the evidence offered by the parties, set evidentiary hearing on issue of reasonableness.
Court agrees that, to the extent that the debtor prevails in preventing the bank from charging default interest, the debtor will be the prevailing party in these claim objections, at least in part, and there will need to be an allocation of fees. The allowance of any attorneys' fees should be tabled until after the court resolves the merits of the default interest dispute and can determine which of the parties is the prevailing party.
Rulings on Evidentiary Objections:
EWB's Objections to Supplemental Galletly Declaration
Overrule. Declaration includes foundation (that declarant negotiated the loans -- see paragrah 20). This may be inconsistent with prior testimony given by declarant, in which case declarant can be impeached on that ground, but the inaccuracy of testimony or the fact that it contradicts other testimony does not make it inadmissible. (Court notes that EWB's own witness, Robert Lo, testifies at paragraph 12 that Galletly was significantly involved in negotiating the terms of the loan. Mr. Lo also testifies that he doesn't remember discussing or whether the parties discussed default interest prior to loan closing. So what is the issue here?)
Debtor's Objections to Declaration of Maita Prout
Sustain (relevance)
Sustain (relevance)
Sustain (relevance)
(Court agrees that Ms. Prout should have been disclosed as a witness earlier, but the matters on which she seeks to testify are irrelevant in any event.)
Debtor's Objections to EWB's Request for Judicial Notice
Sustain objections. EWB is asking the court to take judicial notice not merely of the filing of the documents attached to its RJN, but to the truth of the testimony contained in those declarations or proofs of claim -- that the attached documents are true and correct copies of what the declarant represents they are. Court should not take judicial notice of such matters.
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Debtor's Objections to Declaration of Miriam Galvan
Sustain. Strike Ms. Galvan's declaration. If EWB intended to rely on Ms. Galvan's testimony on the issue of the bank's need to increase its reserves when a loan becomes delinquent, she should have been produced as a witness in response to the deposition notices served.
Debtor's Objections to Declaration of Brian Procel
Overrule.
Overrule.
Overrule.
Overule.
Overrule.
Tentative Rulings for May 23, 2018: Additional Evidentiary Rulings
Docket No. 473, EWB's Objections to Alicia Barclay's Declaration General Objection: Failure to identify declarant as a 30(b)(6) witness.
Overrule, unless EWB asked debtor to identify all persons with knowledge of these topics and Ms. Barclay was omitted from the list. There is no requirement that the debtor use the person most knowledgeable to testify about a particular matter. (The Court notes, however, that it is odd that the debtor would choose someone to testify about a particular matter that is not the person most knowledgeable and that it may be appropriate to draw an inference of some kind from that decision.)
Overrule as to first sentence. As to second sentence, court interprets that sentence as describing what the debtor's belief was at the time. Witness has not laid a sufficient foundation to testify as to the parties' understanding, so sustain objection to the extent that debtor is attempting to testify that the parties had an agreement to this effect.
Sustain. None of this is testimony. It is all legal argument. If she is testifying as to what the documents say, there is a best evidence problem and she has not laid a foundation sufficient to enable her to authenticate any such documents if the documents had been attached.
Sustain as to first sentence for lack of foundation/personal knowledge.
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Overrule as to second sentence that begins with, "However."
Sustain for lack of foundation and hearsay. Witness does not provide sufficient testimony to make business records upon which the summary was based admissible as an exception to the hearsay rule and does not testify as to who prepared the summary.
See ruling on objection no. 4.
Sustain. Lack of foundation.
Sustain. Lack of foundation.
Sustain objection to Exhibit 1 for reasons set forth in ruling on objection no. 4.
Docket No. 472, EWB's Objection to Supplemental Declaration of Greg Galletly
Court has addressed general objections in its rulings on specific objections.
Sustain as to first sentence for relevance. Sustain as to second sentence (best evidence rule), but is this in dispute?
Sustain for lack of foundation.
Sustain for lack of foundation.
Sustain for lack of foundation.
Sustain for lack of foundation.
Sustain for lack of foundation.
Overrule.
Sustain (best evidence rule).
Overrule.
Overrule.
.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
10:00 AM
$2,765,378.98
fr. 11-15-17, 11-29-17, 3-14-18, 3-21-18
Docket 269
NONE LISTED -
10/18/17 -- At hearing held this date, Court continued hearing to November 29, 2017 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for November 29, 2017:
Rulings on EWB's Evidentiary Objections (to Salvato Declaration):
Sustain. Best Evidence Rule. (This is more in the nature of argument than testimony.)
Same as ruling no. 1.
Same as ruling no. 1.
Overrule.
Sustain.
6-9. Overrule.
See tentative ruling for matter no. 105 with regard to debtor's argument as to the enforceability of default interest. Here, nondefault rate was originally 5 percent over the variable index rate. Default rate increased that rate to 10 percent over the variable index rate.
With regard to claim for attorneys' fees, continue hearing to permit EWB to provide fee statements.
Court is confused with regard to the debtor's offset claim. If the debtor were
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able to establish that the BGM trustee overpaid because some portion of the amounts he paid were for unenforceable claims, how would/why should that result in a reduction in the amount that this debtor owes to EWB on account of some other claim? The BGM trustee has filed a proof of claim for reimbursement of the amounts that it paid EWB. If the trustee should not have paid a portion of these amounts because they were unenforceable, that should serve merely to reduce the amount that the trustee would otherwise be able to recover from this debtor.
2/27/18 -- Court approved stipulation continuing hearings to March 21, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 14, 2018.
Tentative Ruling for March 21, 2018: See tentative ruling for matter no. 103.
Tentative Ruling for May 23, 2018:
See tentative ruling for matter no. 1.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
Docket 430
NONE LISTED -
Revisit status of confirmation process and briefing schedule after conclusion of evidentiary hearings.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
fr. 5-31-17, 6-14-17, 8-2-17, 10-4-17, 10-18-17, 11-29-17, 1-31-18, 2-28-18
Docket 1
NONE LISTED -
5/22/17 -- Court granted motion setting bar date of August 9, 2017. Tentative Ruling for May 31, 2017:
Continue case status conference to date that can serve as date of hearing on disclosure statement, unless debtor plans to commence payments instead of filing plan on 90th day.
Tentative Ruling for June 14, 2017:
Debtor has now filed plan and disclosure statement. Continue case status conference to date of hearing on disclosure statement.
Tentative Ruling for August 2, 2017:
Continue case status conference to date of continued hearing on disclosure statement.
8/31/17 -- Court signed order continuing hearing to October 18, 2017 at 2:00
p.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for May 23, 2018:
Revisit status of case after conclusion of evidentiary hearings.
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Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:45 PM
fr. 11-15-17, 11-29-17, 3-14-18, 3-21-18
Docket 271
NONE LISTED -
10/18/17 -- At hearing held this date, Court continued hearing to November 29, 2017 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for November 29, 2017:
Court agrees with debtor that it did not waive its right to argue that default interest charges are unenforceable under applicable nonbankruptcy law. One cannot agree to pay an unenforceable penalty. None of the release cases cited by EWB are instances in which a debtor was held to have waived or released the right to argue that it should not be required to pay default interest because the obligation to pay that interest was an unenforceable penalty. (Perhaps it would be a different scenario if the debtor were paying off the lender and both sides were agreeing that the amount paid was payment in full and no further amounts would be sought or due in either direction and that agreement included 1542 waivers.) Court is not persuaded by EWB's laches, equitable estoppel or unclean hands arguments.
It is true that debtor bears the ultimate burden of proof in establishing that a liquidated damages provision (here, default interest) is unenforceable, but, absent discovery, a borrower will not have access to any discussions or actions that may have occurred on the lender's side of the transaction that led the lender to impose a particular default interest rate. And, if the lender's responses to discovery do not provide any evidence of prior or contemporaneous efforts on the part of the lender to arrive at a default interest rate that was intended to compensate for the actual anticipated
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damage that would result from a default, a borrower will have carried its burden of proof. See Cal. Bank & Trust v. Shilo Inn Seaside East, LLC, 2012
U.S. Dist. LEXIS 163134.
There is an additional legal issue here: whether, assuming the default interest provision would otherwise have been an unenforceable penalty under nonbankruptcy law, the debtor could waive that defense and render the penalty enforceable in exchange for the lender's forbearance and whether that in fact occurred here. A mere recital of what the lender claims as default interest in the forbearance agreement will not change the enforceability of a penalty provision. And, notably, here, the lender creates new potentially unenforceable penalty provisions in the forbearance agreement itself. In section 2(d) of the agreement, the lender agrees that, if the payments are made in accordance with the new schedule set forth in the forbearance agreement, the lender will forgive the default interest charges. So, once again, the question becomes whether these charges are being threatened/imposed as a penalty to coerce the debtor to perform in a timely manner (in which case they are unenforceable) or whether they represent a reasonable attempt to quantify the actual damages that lender will suffer in the event that payments are made late.
Here, the initial nondefault interest rate was 6.75 percent. The default interest rate increased that rate by 6 percent over the variable index rate. (This was in addition to a late charge equal to 6 percent of each delinquent payment.) Where did these numbers come from? Does this default interest rate represent a reasonable attempt by the lender to quantify its actual damages in the event of a default? Discovery is not yet complete, but does lender believe that it will locate additional relevant documents if discovery is permitted to continue?
Hearing required.
Final Ruling for November 29, 2017:
Continue hearing to March 14, 2018 at 11:00 a.m. Parties should file and serve supplewmental papers simultaneously not later than February 28, 2018. Any experts should be disclosed by January 17, 2018. Disclosure should
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include who the expert is, their contact information and a summary of their anticipated testimony. Hearing will not be an evidentiary hearing.
2/27/18 -- Court approved stipulation continuing hearings to March 21, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 14, 2018.
Tentative Ruling for March 21, 2018:
Under section 1671(b), a liquidated damages provision will be enforceable unless the party challenging that charge proves that the provision was unreasonable under the circumstances existing at the time the parties entered into the agreement. The debtor has argued that the default interest provision, increasing the interest rate by 5 percent, was unreasonable because it is enormous in comparison to the amount of the underlying obligation and is disproportional to any of the bank's anticipated losses, particularly in light of the fact that the bank imposed other fees and charges to account for/reimburse it for any actuallly anticipated damage, including late charges, attorneys' fees, expense reimbursements and exit fees. (Does the bank concede that the actual amount of the exit fees should be $600,000 and not $1.715 million?) The debtor argues further that the bank made no effort to estimate its actual damages and never thought of this as compensation for actual losses. The bank repeatedly referred to the default interest charges as "penalties" and viewed them as such, offering to waive them in forebearance agreements but never offering to waive its actual damages.
The bank's response is, in substance, the default interest rate is reasonable because we say so, because other banks were charging this default rate at the time too and because it is impossible to make any attempt to quantify actual damages. This cannot be sufficient to overcome the arguments advanced by the debtors. "Because we say so" and "everybody's doing it" have never been persuasive arguments. "We just gave up and pulled a number out of the air" isn't much better. The problem with this argument is that it can be used to justify any default interest rate whatsoever. Essentially, the bank's argument collapses down to this rate is reasonable because other lenders typically charge this amount or more.
Nevertheless, as reasonableness is an inherently factual issue, requiring the
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court to weigh the evidence offered by the parties, set evidentiary hearing on issue of reasonableness.
Court agrees that, to the extent that the debtor prevails in preventing the bank from charging default interest, the debtor will be the prevailing party in these claim objections, at least in part, and there will need to be an allocation of fees. The allowance of any attorneys' fees should be tabled until after the court resolves the merits of the default interest dispute and can determine which of the parties is the prevailing party.
Rulings on Evidentiary Objections:
EWB's Objections to Supplemental Galletly Declaration
Overrule. Declaration includes foundation (that declarant negotiated the loans -- see paragrah 20). This may be inconsistent with prior testimony given by declarant, in which case declarant can be impeached on that ground, but the inaccuracy of testimony or the fact that it contradicts other testimony does not make it inadmissible. (Court notes that EWB's own witness, Robert Lo, testifies at paragraph 12 that Galletly was significantly involved in negotiating the terms of the loan. Mr. Lo also testifies that he doesn't remember discussing or whether the parties discussed default interest prior to loan closing. So what is the issue here?)
Debtor's Objections to Declaration of Maita Prout
Sustain (relevance)
Sustain (relevance)
Sustain (relevance)
(Court agrees that Ms. Prout should have been disclosed as a witness earlier, but the matters on which she seeks to testify are irrelevant in any event.)
Debtor's Objections to EWB's Request for Judicial Notice
Sustain objections. EWB is asking the court to take judicial notice not merely of the filing of the documents attached to its RJN, but to the truth of the testimony contained in those declarations or proofs of claim -- that the attached documents are true and correct copies of what the declarant represents they are. Court should not take judicial notice of such matters.
2:45 PM
Debtor's Objections to Declaration of Miriam Galvan
Sustain. Strike Ms. Galvan's declaration. If EWB intended to rely on Ms. Galvan's testimony on the issue of the bank's need to increase its reserves when a loan becomes delinquent, she should have been produced as a witness in response to the deposition notices served.
Debtor's Objections to Declaration of Brian Procel
Overrule.
Overrule.
Overrule.
Overule.
Overrule.
Tentative Rulings for May 23, 2018: Additional Evidentiary Rulings
Docket No. 473, EWB's Objections to Alicia Barclay's Declaration General Objection: Failure to identify declarant as a 30(b)(6) witness.
Overrule, unless EWB asked debtor to identify all persons with knowledge of these topics and Ms. Barclay was omitted from the list. There is no requirement that the debtor use the person most knowledgeable to testify about a particular matter. (The Court notes, however, that it is odd that the debtor would choose someone to testify about a particular matter that is not the person most knowledgeable and that it may be appropriate to draw an inference of some kind from that decision.)
Overrule as to first sentence. As to second sentence, court interprets that sentence as describing what the debtor's belief was at the time. Witness has not laid a sufficient foundation to testify as to the parties' understanding, so sustain objection to the extent that debtor is attempting to testify that the parties had an agreement to this effect.
Sustain. None of this is testimony. It is all legal argument. If she is testifying as to what the documents say, there is a best evidence problem and she has not laid a foundation sufficient to enable her to authenticate any such documents if the documents had been attached.
Sustain as to first sentence for lack of foundation/personal knowledge.
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Overrule as to second sentence that begins with, "However."
Sustain for lack of foundation and hearsay. Witness does not provide sufficient testimony to make business records upon which the summary was based admissible as an exception to the hearsay rule and does not testify as to who prepared the summary.
See ruling on objection no. 4.
Sustain. Lack of foundation.
Sustain. Lack of foundation.
Sustain objection to Exhibit 1 for reasons set forth in ruling on objection no. 4.
Docket No. 472, EWB's Objection to Supplemental Declaration of Greg Galletly
Court has addressed general objections in its rulings on specific objections.
Sustain as to first sentence for relevance. Sustain as to second sentence (best evidence rule), but is this in dispute?
Sustain for lack of foundation.
Sustain for lack of foundation.
Sustain for lack of foundation.
Sustain for lack of foundation.
Sustain for lack of foundation.
Overrule.
Sustain (best evidence rule).
Overrule.
Overrule.
.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:45 PM
2:45 PM
$2,765,378.98
fr. 11-15-17, 11-29-17, 3-14-18, 3-21-18
Docket 269
NONE LISTED -
10/18/17 -- At hearing held this date, Court continued hearing to November 29, 2017 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for November 29, 2017:
Rulings on EWB's Evidentiary Objections (to Salvato Declaration):
Sustain. Best Evidence Rule. (This is more in the nature of argument than testimony.)
Same as ruling no. 1.
Same as ruling no. 1.
Overrule.
Sustain.
6-9. Overrule.
See tentative ruling for matter no. 105 with regard to debtor's argument as to the enforceability of default interest. Here, nondefault rate was originally 5 percent over the variable index rate. Default rate increased that rate to 10 percent over the variable index rate.
With regard to claim for attorneys' fees, continue hearing to permit EWB to provide fee statements.
Court is confused with regard to the debtor's offset claim. If the debtor were
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able to establish that the BGM trustee overpaid because some portion of the amounts he paid were for unenforceable claims, how would/why should that result in a reduction in the amount that this debtor owes to EWB on account of some other claim? The BGM trustee has filed a proof of claim for reimbursement of the amounts that it paid EWB. If the trustee should not have paid a portion of these amounts because they were unenforceable, that should serve merely to reduce the amount that the trustee would otherwise be able to recover from this debtor.
2/27/18 -- Court approved stipulation continuing hearings to March 21, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 14, 2018.
Tentative Ruling for March 21, 2018: See tentative ruling for matter no. 103.
Tentative Ruling for May 23, 2018:
See tentative ruling for matter no. 1.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:45 PM
Docket 430
NONE LISTED -
Revisit status of confirmation process and briefing schedule after conclusion of evidentiary hearings.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:45 PM
fr. 5-31-17, 6-14-17, 8-2-17, 10-4-17, 10-18-17, 11-29-17, 1-31-18, 2-28-18
Docket 1
NONE LISTED -
5/22/17 -- Court granted motion setting bar date of August 9, 2017. Tentative Ruling for May 31, 2017:
Continue case status conference to date that can serve as date of hearing on disclosure statement, unless debtor plans to commence payments instead of filing plan on 90th day.
Tentative Ruling for June 14, 2017:
Debtor has now filed plan and disclosure statement. Continue case status conference to date of hearing on disclosure statement.
Tentative Ruling for August 2, 2017:
Continue case status conference to date of continued hearing on disclosure statement.
8/31/17 -- Court signed order continuing hearing to October 18, 2017 at 2:00
p.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for May 23, 2018:
Revisit status of case after conclusion of evidentiary hearings.
2:45 PM
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
MOVANT: NATIONSTAR MORTGAGE LLC
Docket 79
5/25/18 - Merdaud Jafarnia, (619) 955-1521, has been approved for telephonic appearance on 5/29/18 @ 10am
Deny motion without prejudice as it is incomplete (does not show value of property) or, if movant prefers and consents to waiver of time limits for hearing on motion for relief from stay, continue hearing to give movant an opportunity to file amended motion.
Debtor(s):
Raymond Gerald Paret Represented By Onyinye N Anyama
Movant(s):
Nationstar Mortgage LLC as Represented By Merdaud Jafarnia
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: CARRINGTON MORTGAGE SERVICES, LLC.
Docket 17
5/23/18 - S. Renee Blume, (818)657-5225, has been approved for telephonic appearance on 5/29/18 @ 10am
Deny motion without prejudice. There is equity in the property and no evidence that value of property is declining or that movant lacks adequate protection.
Debtor(s):
Ryan Matthew Oltman Represented By
Raj T Wadhwani
Joint Debtor(s):
Kimberly Rene Oltman Represented By
Raj T Wadhwani
Movant(s):
Carrington Mortgage Services, LLC Represented By
S Renee Sawyer Blume
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: THE BANK OF NEW YORK MELLON
Docket 12
NONE LISTED -
Grant without waiver of Rule 4001(a)(3) and without extraordinary relief. (Insufficient evidence of a scheme to hinder, delay or defraud.)
Debtor(s):
Angela D Frazier Pro Se
Movant(s):
The Bank of New York Mellon FKA Represented By
Tyneia Merritt
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: U.S. BANK, NA
Docket 11
NONE LISTED -
Grant motion, including waiver of Rule 4001(a)(3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included the transfer of an interest in property without movant's consent and multiple bankruptcy filings affecting this property.
Debtor(s):
Francisco Javier Sanchez Represented By Francis Guilardi
Movant(s):
U.S. Bank National Association Represented By Cassandra J Richey
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: AMERICREDIT FINANCIAL SERVICES, INC.
Docket 9
5/21/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 5/29/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Manuel Garcia Rodriguez Represented By
James Geoffrey Beirne
Joint Debtor(s):
Rosa M Garcia Represented By
James Geoffrey Beirne
Movant(s):
Americredit Financial Services, Inc., Represented By
Jennifer H Wang
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 10
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Jocelyn Allen Represented By Gregory M Shanfeld
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: KIA MOTORS FINANCE
Docket 8
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Jorge Torres Represented By
Jennifer Ann Aragon
Movant(s):
Kia Motors Finance Represented By Austin P Nagel
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: YUNUEN CAMPOS
Docket 6
NONE LISTED -
Bankruptcy case has been dismissed. Movant has not requested annulment and Court only grants extraordinary relief under section 362(d)(4) which is inapplicable here. Deny motion as moot. No appearance required. Court will prepare order.
Debtor(s):
John M Kennedy MD, Inc., Represented By Jeffrey S Shinbrot
Movant(s):
Yunuen Campos Represented By Lauren A Dean
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: JAMISON MANAGEMENT CO., INC.
Docket 5
NONE LISTED -
Deny motion as moot. Case has been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Antwanese Giles Pro Se
Movant(s):
Jamison Management Co., Inc. Represented By
Linda T Hollenbeck
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: CAPITAL INVESTMENTS, LLC.
Docket 7
NONE LISTED -
Deny motion as moot. Case has been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Nava Ben-Isaac Pro Se
Movant(s):
Capital Investments, LLC Represented By
Lane M Nussbaum
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: GLOBAL AZ INVESTING, INC.
Docket 13
NONE LISTED -
Movant claims she was improperly served, but she also claims that she has never lived at, and has no interest in, the property that is the subject of the motion. Therefore, the court assumes that she does not oppose the relief requested in the motion. If this is correct, grant motion, including waiver of Rule 4001(a)(3).
Debtor(s):
Irma Gutierrez Pro Se
Movant(s):
Global Az Investing, Inc Represented By Robert A Krasney
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
fr. 1-31-17, 3-28-17, 4-11-17, 6-6-17, 9-12-17, 12-19-17, 1-9-18, 2-13-18
Docket 1
NONE LISTED -
1/18/2017 -- Court approved stipulation continuing defendant's response date to March 20, 2017 and continuing status conference to March 28, 2017 at
2:00 p.m. OFF CALENDAR FOR JANUARY 31, 2017.
Tentative Ruling for March 28, 2017:
Continue status conference to April 11, 2017 at 2:00 p.m. to be heard concurrently with motion to dismis. OFF CALENDAR FOR MARCH 28, 2017.
Tentative Ruling for April 11, 2017:
Set deadline for defendants to file an answer to the existing complaint. Continue status conference approximately 60 to 90 days.
Final Ruling for April 11, 2017:
Continue status conference to June 6, 2017 at 2:00 p.m. Parties will file a
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joint status report by May 23, 2017. Defendant must file and serve an answer to complaint by May 12, 2017.
Tentative Ruling for June 6, 2017:
According to the status report, defendant plans to bring a motion for summary judgment/partial summary adjudication of issues? Would this motion raise the same arguments that were advanced in the motion to dismiss that the court previously denied, offering the following tentative ruling:
Deny motion. The only assets that were sold to John Shieh were the specific assets identified on Exhibit A to the motion and the order granting the motion. No avoiding power claims were sold. Neither were any of the assets that the trustee alleges in the complaint were fraudulently transferred. The good faith finding relates only to the specific transaction that was the subject of the motion. The trustee never requested -- and the court never made -- a finding that the defendants had acted in good faith in connection with any other events or transactions.
There is no statute of limitations problem. The trustee is not attempting to set aside the sale. He is attempting to prosecute an avoiding power action and may file such an action before the later of 2 years after the entry of the order for relief or 1 year after the appointment of the trustee. The case was filed on January 29, 2015. This adversary proceeding was filed on November 30, 2016. That is well within two years after the commencement of the case.
Order parties to complete a day of mediation prior to date of continued status conference.
6/13/17 -- Court approved scheduling order setting following dates:
Cont'd status conference -- September 12, 2017 at 2:00 pm L/D to file joint status report -- August 29, 2017
L/D to complete discovery -- October 31, 2017 L/D to complete mediation -- September 12, 2017
L/D to lodge order appointing mediators -- June 30, 2017
2:00 PM
7/5/17 -- Court signed order appointing mediators.
Tentative Ruling for September 12, 2017:
According to status report, parties were scheduled to attend mediation before Jason Wallach on September 6. Did the mediation go forward on that date? Were they able to resolve this matter? Hearing required.
9/14/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- December 19, 2017 at 2:00 p.m.
L/D to file joint status report -- December 5, 2017 L/D to complete discovery -- December 29, 2017
Tentative Ruling for December 19, 2017:
The parties report having participated in mediation with Jason Wallach on September 6, 2017, yet they ask in the status report that the matter be sent to mediation. What are they requesting at this point? Did the parties want to utilize the services of another mediator or to return to Mr. Wallach? Have they discussed with him whether he would charge for the continued mediation?
Are the parties on track to complete their discovery by December 29? Hearing required.
12/20/17 -- Court signed scheduling order continuing status conference to January 9, 2018 at 2:00 p.m., waiving the requirement of a joint status report for that conference and extending the discovery cutoff to March 31, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar.
2/15/18 -- Court approved scheduling order setting following dates:
2:00 PM
Cont'd status conference -- May 29, 2018 at 2:00 pm Discovery cutoff -- May 31, 2018
L/D to file joint status report -- May 15, 2018
5/15/18 -- Court approved stipulation continuing hearing to June 5, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 29, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By J Scott Bovitz
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By John P Kreis
Caroline Su Kyu Shieh Represented By John P Kreis
Christopher Shieh Represented By Joseph D Huser John P Kreis
Benjamin Shieh Represented By Joseph D Huser John P Kreis
Patricia Shieh Armijo Represented By Joseph D Huser John P Kreis
Cesar Fernando Castro Represented By Joseph D Huser
2:00 PM
John P Kreis
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
2:00 PM
Adv#: 2:17-01370 Miller in her Capacity as Chapter 7 Trustee v. Bearbiz Irrevocable Trust et al
Supreme Studios, Gertrude Fox
fr. 10-3-17, 10-17-17, 1-30-18, 4-24-18
Docket 1
NONE LISTED -
Revisit status after conclusion of hearings on related matters.
4/9/18 -- Court approved stipulation continuing hearing to May 29, 2018 at 2:00 p.m. OFF CALENDAR FOR APRIL 24, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for May 29, 2018:
Where is the joint status report that should have been filed May 15, 2018? Hearing required.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Defendant(s):
Bearbiz Irrevocable Trust Represented By Johnny White
2:00 PM
Theodore Fox Represented By Johnny White Simon Aron
Supreme Studios Represented By Johnny White
GERTRUDE FOX Represented By Michael D Dempsey
Plaintiff(s):
Elissa Miller in her Capacity as Represented By Ryan D ODea
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Adv#: 2:18-01081 Gonzalez v. Zamora et al
Docket 1
NONE LISTED -
Set deadline for plaintiff to file motion for entry of default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Jose Antonio Zamora Pro Se
Defendant(s):
Jose Antonio Zamora Pro Se
Martha Delia Zamora Pro Se
Joint Debtor(s):
Martha Delia Zamora Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By Rosendo Gonzalez
Trustee(s):
Rosendo Gonzalez (TR) Represented By Rosendo Gonzalez
2:00 PM
Adv#: 2:16-01325 Cha v. Chun
Docket 55
NONE LISTED -
Grant motion. Enter judgment in plaintiff's favor for $350,000 under bankruptcy code sections 523(a)(2)(A) and 523(a)(6). Enter judgment barring defendant's discharge under bankruptcy code section 727(a)(4) for false oaths.
Debtor(s):
Eugene B Chun Represented By
Raj T Wadhwani
Defendant(s):
Eugene B Chun Pro Se
Movant(s):
Byeong In Cha Represented By William W Kim
Plaintiff(s):
Byeong In Cha Represented By William W Kim
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:16-01325 Cha v. Chun
FR. 9-27-16, 11-1-16, 3-28-17, 7-25-17, 11-28-17, 2-27-18, 4-3-18
Docket 1
NONE LISTED -
9/23/16 -- Court approved stipulation continuing status conference to November 1, 2016 at 2:00 pm. OFF CALENDAR FOR SEPTEMBER 27,
2016.
Tentative Ruling for November 1, 2016:
Impose sanctions of $150 each on counsel for the parties for failing to file joint status report in a timely manner. Set discovery cutoff for late March, 2017. Why don't the parties want this matter sent to mediation? Hearing required.
11/3/16 -- Court signed scheduling order setting following dates: Cont'd status conference -- March 28, 2017 at 2:00 p.m.
Discovery cutoff -- March 31, 2017
L/D to file joint status report -- March 14, 2017
Tentative Ruling for March 28, 2017:
The Court set a discovery cutoff of March 31, 2017. Apparently, the parties will not have completed their discovery by then. Are the parties jointly
2:00 PM
requesting an extension of the discovery cutoff? Why doesn't the plaintiff want this matter sent to mediation? Hearing required.
3/20/17 -- Court approved scheduling order with following dates: Cont'd status conference -- 7/25/17 at 2:00 p.m.
L/D to file joint status report -- 7/11/17
L/D to complete discovery -- August 1, 2017 L/D to complete mediation -- 7/25/17
L/D to lodge order appointing mediators -- 4/21/17
Tentative Ruling for July 25, 2017:
Are the parties on track to complete discovery by August 1? Do the parties anticipate any pretrial motions?
Set pretrial conference and deadline for lodging joint pretrial order. Order parties to complete a day of mediation prior to date of continued status conference.
7/26/17 -- Court approved scheduling order with following dates: Cont'd status conference -- 11/28/17 at 2:00 p.m.
L/D to file joint status report -- 11/14/17 L/D to file pretrial motions -- 10/31/17
L/D to have pretrial motions heard -- 11/28/17 L/D to complete discovery -- 09/30/17
L/D to lodge order appointing mediators -- 08/18/17 L/D to conduct mediation -- 11/27/17
8/22/17 -- Court approved order appointing mediators.
10/2/17 -- Court approved stipulation extending discovery cutoff to October 31, 2017.
Tentative Ruling for November 28, 2017:
2:00 PM
Where is the status report that should have been filed two weeks before the status conference? What is the status of this matter? Hearing required.
12/5/17 -- Court signed scheduling order with following dates: Cont'd status conference -- February 27, 2018 at 2:00 p.m.
Cont'd deadline to complete mediation -- February 27, 2018
Defendant shall make himself available for mediation in January or will be subject to sanction. Plaintiff shall contact defendant and mediator to arrange for mediation in January. If defendant is unable to attend status conference in person, he should make arrangements to appear by telephone at the continued status conference.
Tentative Ruling for February 27, 2018:
Did parties attend mediation as scheduled on February 22, 2018? Hearing required.
Tentative Ruling for April 3, 2018:
If court strikes defendant's answer, continue status conference to date that can serve as date of hearing on motion for default judgment.
Tentative Ruling for May 29, 2018:
If Court grants motion for default judgment, take status conference off calendar. If Court does not grant motion for default judgment, continue status conference to coincide with date of continued hearing on default judgment motion.
Debtor(s):
Eugene B Chun Represented By
Raj T Wadhwani
Defendant(s):
Eugene B Chun Pro Se
2:00 PM
Plaintiff(s):
Byeong In Cha Represented By William W Kim
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 7
NONE LISTED -
Pursuant to Local Bankruptcy Rule 9011-2(a), a debtor who is not an individual may not appear without counsel. No attorney has appeared on behalf of this debtor. Dismiss case.
Debtor(s):
JVS Transport Inc Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 12
NONE LISTED -
Debtor has paid second and third installments (totalling $190), but still owes the $95 due on May 4. (OSC was issued on April 27.) (Debtor has paid a total of $240, but owes $335.) Dismiss case unless debtor is prepared to pay the remaining $95 now.
Debtor(s):
Phillip Randolph James Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 98
NONE LISTED -
Vacate OSC. Debtor has now filed missing documents. OFF CALENDAR. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Roberto Robles Represented By Alan F Broidy
Trustee(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
10:00 AM
[Presumption of undue hardship] fr. 4-25-18
Docket 21
NONE LISTED -
At hearing held April 25, 2018, counsel appeared and reported that he would be filing an amended reaffirmation agreement in which the attorney checked the box in part C to indicate that, although a presumption of hardship had been established, in his opinion, the debtor would be able to make the required payment. The court advised that, if an amended agreement was filed with this box checked, court approval of the agreement would not be required and it would take the hearing on this reaffirmation agreement off calendar.
Although an amended reaffirmation agreement was thereafter filed, the box in part C that contains the language referenced above was not checked. And the agreement still reflects a presumption of hardship. Therefore, the court cannot take the hearing off calendar and an appearance by the debtor is still required. Court must still ask the following questions:
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Salvador Bermudez Represented By
10:00 AM
Richard P Petersen
Joint Debtor(s):
Deborah Lynn Bermudez Represented By Richard P Petersen
Movant(s):
Ally Bank Represented By
Brenda Groschen
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
Docket 15
NONE LISTED -
Tentative Ruling for March 21, 2018:
The Car Max "appraisal" is the value that Car Max will pay for this vehicle. This is not retail. Retail is the price that Car Max would charge you if you wanted to buy this vehicle. Similarly, the KBB appraisal is for trade-in value, not retail.
Deny motion or, if movant would prefer, continue hearing to give debtor an opportunity to provide evidence of the retail value of the vehicle.
Final Ruling for March 21, 2018:
Continue hearing to May 30, 2018 at 10:00 a.m. Movant should file and serve an amended motion by May 9, 2018.
Tentative Ruling for May 30, 2018:
The following is an excerpt from the Kelley Blue Book website:
What Different Used Car Blue Book Values are Available? Kelley Blue Book® Private Party Value
The amount a buyer can expect to pay when buying a used car from a private party. Kelley Blue Book® Trade-In Value
10:00 AM
The amount consumers can expect to receive from a dealer for a trade-in vehicle.
Kelley Blue Book® Suggested Retail Value
The value that is representative of dealers' asking prices for a used car. A starting point for negotiation between a consumer and a dealer.
The debtor has asked for authority to redeem the car at the Kelley Blue Book private party value. This is not retail. Deny motion without prejudice.
Debtor(s):
Giorgos Argirios Dimopoulos Represented By Neil R Hedtke
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 15
NONE LISTED -
What claims were asserted against the debtor in the underlying state court action? Are they nondischargeable in nature? Hearing required.
Debtor(s):
Silvia Fabian Represented By
Omar Zambrano Moises S Bardavid
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 173
5/11/18 - Notice of continued hearing filed to continue hearing on 6/27/18 @ 10am.
5/29/18 - Eric Israel, (310)277-0077, has been approved for telephonic appearance on 5/30/18 @ 10am
Trustee cannot unilaterally continue hearing without court's consent once it is on the court's calendar. Why does the trustee want this matter continued.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
10:00 AM
Docket 83
NONE LISTED -
Grant motion. Approve overbid procedures and sale of property to highest bidder.
Debtor(s):
Thomas John Bishop Represented By Michael R Totaro
Trustee(s):
Wesley H Avery (TR) Represented By Charles Shamash Joseph Caceres
10:00 AM
$68,486,271.41 - Date lien recorded 8/30/16
Docket 42
5/16/18 - Robert Altagen, (323)268-9588, has been approved for telephonic appearance on 5/30/18 @ 10am
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Steven M Bren Represented By Robert S Altagen
Trustee(s):
Howard M Ehrenberg (TR) Represented By Leonard M Shulman
10:00 AM
Docket 41
5/16/18 - Robert Altagen, (323)268-9588, has been approved for telephonic appearance on 5/30/18 @ 10am
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Steven M Bren Represented By Robert S Altagen
Trustee(s):
Howard M Ehrenberg (TR) Represented By Leonard M Shulman
10:00 AM
$68,486,271.41 - date lien recorded 5/26/11
Docket 40
5/16/18 - Robert Altagen, (323)268-9588, has been approved for telephonic appearance on 5/30/18 @ 10am
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Steven M Bren Represented By Robert S Altagen
Trustee(s):
Howard M Ehrenberg (TR) Represented By Leonard M Shulman
10:00 AM
Adv#: 2:14-01753 Douglas v. Oroumieh
fr. 1-23-18, 3-20-18
Docket 1
NONE LISTED -
Where is the revised pretrial order that should have been lodged by May 16, 2018? Hearing required.
Debtor(s):
Robert Oroumieh Pro Se
Defendant(s):
Robert Oroumieh Represented By Randolph R Melendez
Plaintiff(s):
Frederic M Douglas Pro Se
Trustee(s):
David A Gill (TR) Represented By Steven J Schwartz Eric P Israel
10:00 AM
the Bankruptcy Estate
The Bearbiz Irrevocable Trust Dated April 4, 2011
Gertrude Fox
Theodore I. Fox aka Ted Fox, individually and in his Capacity as Former Special Trustee of the Gerson and Gertrude Fox Family Trust Dated July 17, 2006 and in his Capacity as Trustee and Beneficiary of the Bearbiz Irrevocable Trust Dated April 4, 2011
Docket 404
5/23/18 - Ryan O'Dea, (949)340-3400, has been approved for telephonic appearance on 5/30/18 @ 10am
Grant motion. Approve compromise. Waive appearances. Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
10:00 AM
Adv#: 2:17-01370 Miller in her Capacity as Chapter 7 Trustee v. Bearbiz Irrevocable Trust et al
Supreme Studios, Gertrude Fox
fr. 10-3-17, 10-17-17, 1-30-18, 4-24-18, 5-29-18
Docket 1
NONE LISTED -
Revisit status after conclusion of hearings on related matters.
4/9/18 -- Court approved stipulation continuing hearing to May 29, 2018 at 2:00 p.m. OFF CALENDAR FOR APRIL 24, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for May 29, 2018:
Where is the joint status report that should have been filed May 15, 2018? Hearing required.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Defendant(s):
Bearbiz Irrevocable Trust Represented By Johnny White
10:00 AM
Theodore Fox Represented By Johnny White Simon Aron
Supreme Studios Represented By Johnny White
GERTRUDE FOX Represented By Michael D Dempsey
Plaintiff(s):
Elissa Miller in her Capacity as Represented By Ryan D ODea
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
10:00 AM
Docket 450
NONE LISTED -
5/29/18 -- Court approved stipulation continuing hearing to June 6, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
10:00 AM
Docket 448
NONE LISTED -
5/29/18 -- Court approved stipulation continuing hearing to June 6, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
10:00 AM
Docket 232
NONE LISTED -
5/21/18 -- Court approved stipulation continuing hearing to June 27, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
10:00 AM
fr. 10-4-17, 11-15-17, 2-14-18, 5-9-18
Docket 149
NONE LISTED -
9/28/17 -- Court approved stipulation continuing hearing to November 15, 2017 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for February 14, 2018:
What is the status of this matter? According to this Court's October 18 order, litigation against SNS is to be stayed until orders are entered resolving the Kamana Litigation. Has this occurred? If not, what is the parties' current time estimate as to when this is likely to have occurred. Hearing required.
2/23/18 -- Court signed scheduling order setting deadline of April 20, 2018 for movant to file an advesary proceeding against claimant asserting affirmative claims and any objections to claim. Hearing continued to May 9, 2018 at 10:00 am.
Tentative Ruling for May 9, 2018:
Has debtor filed an adversary proceeding against claimant? If so, should this claim objection be withdrawn without prejudice? Hearing required.
5/21/18 -- Court approved stipulation continuing hearing to June 27, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
10:00 AM
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen
10:00 AM
#17.00 Liquidating Trustee's Omnibus Objection to Claims for Salesforce.com, Inc. - Claim no. 292; Yahoo! - Claim no. 272 ONLY from hearing held on 4/4//18:
fr. 1-31-18, 4-4-18, 4-25-18
Claim No. Claimant:
160 Alliance Apparel Group, Inc.
255 Amber Grapentin
289 Andersen Tax, LLC. - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
31 Cape Robbin
140 Chambong Industries, LLC.
223 Conetempo Card Company, Inc.
275 Dina Benmoshe
274 Farfetch.com US, LLC.
181 Luv AJ, LLC.
248 Lyst Limited
321 National Union Fire Insurance Company of Pittsburgh
343 Odilza Vital
349 Printfresh, LLC. dba PF Vintage
224 Reward Style, Inc.
10:00 AM
292 Salesforce.com, Inc.
201 Shine Papers
71 So It Goes The Label
310 State Board of Equalization of California
318 Steps Apparel Group, Inc.
134 T&S Clothing, LC
176 The Book Cellar
261 Thrive Capital Partners, II, L.P.
155 Venroy Australia, LLC.
272 Yahoo!
202 American Express Travel Related Services Company, Inc
156 Arzz International, Inc. dba Schultz
30 Bagatelle International, Inc.
304 Bestseller Wholesale US, LLC.
253 B-Low The Belt
323 EKSD, Inc.
333 Envista, LLC.
158 Florii, Inc. dba ICCO
147 House of Zhivago PTY, LTD.
10:00 AM
65 JC Trimming Company, Inc.
267 Les Modes How Intl.
166 Love + Harmony, Inc.
38 Loveriche
319 Lucy Paris
133 Lux Los Angeles
193 Nesco Resource, LLC.
279 New Merit Apparel, Inc.
334 Nouveau Fabrics, Inc.
265 Premier Packaging, LLC.
63 Rustin and Mallory Wholesale LTD.
175 Scotch & Soda Export B.V.
105 Shoeboos LTD.
157 Six Crisp Days, Inc.
219 Systems Integration Specialists, Inc.
73 The Line-6ix, Inc.
90 Urge Footwear
10 Western Fashion, Inc.
10:00 AM
Docket 964
- NONE LISTED -
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 193, 202 and 219 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claim no. 319 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/29/18 -- Objections to claims 289 has been withdrawn. Tentative Ruling for January 31, 2018:
Claimant agrees that "claim" no. 261 is a proof of interest. Continue hearing on the objection to this claim for parties to agree upon form of order on objection.
Sustain objections to, and disallow, the following claims in their entirety: Claim nos:
160
255
289
31
140
10:00 AM
223
275
274
181
248
321
343
349
224
292
201
71
310
318
134
176
155
272
Sustain objections to, and disallow, the claims on Exhibit B to proposed order to the extent that they exceed the amounts set forth on Exhibit B, except for claim nos. 202, 147, 319, 193 and 219.
4/2/18 -- Court approved stipulation continuing hearings on objections to claim nos. 272 and 292 to April 25, 2018 at 10:00 a.m.
4/15/18 -- Court continued hearings on objections to claim nos. 242, 272 and 292 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 25, 2018.
5/24/18 -- Court approved stipulation continuing hearings on objections to claims 242, 272 and 292 to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018. NO APPEARANCE REQUIRED.
10:00 AM
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 4-4-18, 4-25-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
136 H & D Accessories
10:00 AM
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
205 Rehab
10:00 AM
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
5/25/18 - Michael W. Binning, (562) 436-1502, has been approved for telephonic appearance on 5/30/18 @ 10am
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
10:00 AM
no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
2/6/18 -- Court approved stipulated form of order resolving objection to claim no. 6.
3/23/18 -- Court approved stipulation continuing hearing on objectio to claim no. 219 to April 25, 2018 at 10:00 a.m.
4/23/18 -- Court approved stipulation continuing hearings on objection to claim 219 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 24, 2018. NO APPEARANCE REQUIRED.
5/25/18 -- Court approved stipulation continuing hearings on objections to claim 219 to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 1-31-18, 4-4-18, 4-25-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
10:00 AM
136 H & D Accessories
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC. - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC. - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
10:00 AM
205 Rehab
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
- NONE LISTED -
10:00 AM
1/19/18 -- Court approved stipulation continuing hearing on objection to claim no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/29/18 -- Movant has withdrawn objections to claim nos. 2, 335 and 123. Tentative Ruling for January 31, 2018:
Has debtor explored whether there are any affirmative defenses available to the holders of these claims? Are any of these ordinary course payments?
Are there any new value defenses? Has anyone made demand on any of these parties to return the allegedly preferential transfers? Does the debtor intend to pursue any of these transfers? If not, why not?
Hearing required.
Tentative Ruling for April 4, 2018:
What is the status of the reorganized debtor's objections to claim nos. 184 and 185? Have all other objections been resolved? Hearing required.
4/3/18 -- Court approved stipulation continuing hearings on objections to claims 184 and 185 to April 25, 2018 at 10:00 a.m. OFF CALENDAR FOR
APRIL 4, 2018. NO APPEARANCE REQUIRED.
4/23/18 -- Court approved stipulation continuing hearings on objections to claims 184 and 185 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR
APRIL 24, 2018. NO APPEARANCE REQUIRED.
5/24/18 -- Court approved stipulation continuing hearings on objections to
10:00 AM
claims 184 and 185 to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR
MAY 30, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
Salesforce.com, Inc. and Yahoo!, Inc. Only - Claim Nos. 242, 272 and 292 by Stipulation/Order:
fr. 4-4-18, 4-25-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
10:00 AM
136 H & D Accessories
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
10:00 AM
205 Rehab
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
- NONE LISTED -
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
10:00 AM
no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
4/2/18 -- Court approved stipulation to continuing hearing on objection to claim no. 242 to April 25, 2018 at 10:00 a.m.
AS ALL PENDING OBJECTIONS HAVE NOW BEEN RESOLVED OR CONTINUED, OFF CALENDAR FOR APRIL 4, 2018.
4/15/18 -- Court continued hearings on objections to claim nos. 242, 272 and 292 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 25, 2018.
5/24/18 -- Court approved stipulation continuing hearings on objections to claims 242, 272 and 292 to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 1-31-18, 4-4-18, 4-25-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
136 H & D Accessories
10:00 AM
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
205 Rehab
10:00 AM
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
- NONE LISTED -
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
10:00 AM
no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
3/23/18 -- Court approved stipulation continuing hearing on objectio to claim no. 148 to April 25, 2018 at 10:00 a.m.
4/13/18 -- Court approved order continuing hearing on objection to claim no. 148 to May 30, 2018 at 10:00 a.m.
5/24/18 -- Court approved stipulation continuing hearings on objections to claim 148 to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
Docket 1
- NONE LISTED -
Set deadline for trustee to service notice of bar date and bar date. Continue case status conference for approximately 90 days.
Debtor(s):
Colima BBQ, Inc Represented By Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim
10:00 AM
Docket 1
- NONE LISTED -
Court is not inclined to move up the bar date. A June 29 bar date would not give parties in interest sufficient time to file claims. Why does the trustee want the date moved? Hearing required.
Debtor(s):
Young Keun Park Represented By Rosendo Gonzalez
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 118
- NONE LISTED -
Grant motion. Extend trustee's deadline to assume or reject lease through September 7, 2018.
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
10:00 AM
Docket 1
- NONE LISTED -
Set deadline for service of notice of bar date and bar date. 4/27/18 -- Court entered scheduling order with following dates:
L/D to serve notice of bar date -- April 30, 2018 Bar date -- June 29, 2018
Cont'd status conference -- May 30, 2018
L/D to file updated status report -- May 16, 2018
Tentative Ruling for May 30, 2018:
When does the trustee anticipate that he will be in a position to know whether the debtor should be reorganized or whether its assets should be sold?
Hearing required.
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
Movant(s):
RH BBQ, Inc Represented By
Jaenam J Coe Jaenam J Coe
10:00 AM
Docket 104
- NONE LISTED -
Grant motion. Extend trustee's deadline to assume or reject lease through September 7, 2018.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
Elissa Miller Represented By
Andy Kong
10:00 AM
Docket 1
- NONE LISTED -
Set deadline for service of notice of bar date and bar date. 4/27/18 -- Court entered scheduling order with following dates:
L/D to serve notice of bar date -- April 30, 2018 Bar date -- June 29, 2018
Cont'd status conference -- May 30, 2018
L/D to file updated status report -- May 16, 2018
Tentative Ruling for May 30, 2018:
When does the trustee anticipate that he will be in a position to know whether the debtor should be reorganized or whether its assets should be sold?
Hearing required.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
10:00 AM
Docket 1
NONE LISTED -
Debtors should file motions to extend the time to assume or reject its leases or obtain a written stipulation extending these deadlines. Court cannot have debtors' principal with the additional leverage over the debtors of a deemed rejection of their sublease.
Why does the status report state that the court set a deadline for the filing of proofs of claim of June 11? Court has not yet set such a deadline.
Set deadline for serving notice of bar date and bar date and continue case status conference.
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
10:00 AM
Use Cash Collateral On An Interim Basis Pending A Final Hearing
Grant Replacement Liens
Set Final Hearing fr. 4-18-18, 5-16-18
Docket 10
NONE LISTED -
Tentative Ruling for April 18, 2018:
On what does debtor base its projection that monthly revenues will increase by the amounts set forth in the budget from 2017 monthly figure?
Authorize debtor to use cash collateral between now and date of final hearing up to an aggregate amount to be determined at the hearing to the extent absolutely necessary for the purpose of paying operating expenses with regard to the debtor's business in accordance with the budget plus a 10 percent variance. (Debtor may not establish any carveouts during the interim period.) All lenders shall receive replacement lien on post-petition assets, other than avoiding power recoveries, to secure the diminution in value of their prepetition collateral. Post-petition liens shall have the same validity and priority as prepetition liens. Set final hearing date and briefing schedule.
Final Ruling for April 18, 2018:
Authorize debtor to expend up to a total of $43,000 between petition date and close of business on May 18, 2018 solely to the extent absolutely necessary
10:00 AM
to pay operating expenses for debtor and in accordance with budget plus a 10 percent variance. Set final hearing for May 16, 2018 at 11:00 a.m. Debtor shall file and serve supplemental papers in support of motion, which should include revised budget and actuals for months of February and March and as much of April as is possible and a comparison of budget to actuals, not later than May 7, 2018. Supplemental oppositions should be due May 14, 2018.
Tentative Ruling for May 16, 2018:
Why does Exhibit 1 show a payment to Alvin Lo in the actual column of
$10,299.38 when the budget shows $5,000 and a payment to Marie Lo of
$2,564.90 when there is no budgeted item? Has insider compensation been approved?
Why does Exhibit 2 have no data for the actual expenses for February, March and April?
How exactly did it happen that the debtor was using Alvin Lo's personal account for approximately 2 and a half weeks? Has the debtor's principal turned over all of the estate's money or are there still funds in the incorrect account?
Hearing required.
Final Ruling for May 16, 2018:
At the hearing held this date, it became clear that the debtor's accountings were incomplete and unreliable. Counsel was not able to determine/explain which of the payments to insiders were paid prepetition and which were paid post-petition, notwithstanding the absence of authority to make such payments. Court also learned that, because the debtor had not obtained check stock for its DIP account, estate funds had been transferred to the debtor's principal who made payments on the estate's behalf. It is unclear whether or not any remaining estate assets have been transferred back to the estate.
In light of the foregoing, court refused to authorize the use of additional cash
10:00 AM
collateral, but did agree to extend the expiration date of the prior cash collateral order and to set a continued hearing on authority to use cash collateral for 10:00 a.m. on May 30, 2018. Court also issued an OSC why a chapter 11 trustee should not be appointed and set a hearing on the OSC for the same date and time as the continued cash collateral hearing.
Oppositions to the OSC are due May 23, 2018. (Court subsequently issued written order to this effect.)
Tentative Ruling for May 30, 2018:
Court has a few questions on Exhibit A to the Avaylon declaration.
Court cannot authorize continued use of cash collateral without any projections. Were any additional projections provided? Court was not able to locate any.
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
10:00 AM
Inability to provide Reliable Accountings
Diversion of Estate Funds to Personal Accounts
Possible Post-Petition Payments of Monies to Insiders without Court Approval
Docket 88
NONE LISTED -
Has Mr. Avaylon had an opportunity to ascertain whether or not all funds that were deposited into Mr. Lo's personal account have either been used for the benefit of the estate or returned to the DIP accounts?
Hearing rquired.
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
10:00 AM
Docket 1
NONE LISTED -
See tentative ruling for matter no. 28.
Debtor(s):
OptometRx Optometry, Inc. Represented By Robert M Yaspan
10:00 AM
Use Cash Collateral On An Interim Basis Pending A Final Hearing
Grant Replacement Liens
Set Final Hearing fr. 4-18-18, 5-16-18
Docket 7
NONE LISTED -
Tentative Ruling for April 18, 2018:
On what does debtor base its projection that monthly revenues will increase by the amounts set forth in the budget from 2017 monthly figure? How does debtor intend to achieve the reduction in salary contemplated by the budget from 2017 figures?
Authorize debtor to use cash collateral between now and date of final hearing up to an aggregate amount to be determined at the hearing to the extent absolutely necessary for the purpose of paying operating expenses with regard to the debtor's business in accordance with the budget plus a 10 percent variance. (Debtor may not establish any carveouts during the interim period.) All lenders shall receive replacement lien on post-petition assets, other than avoiding power recoveries, to secure the diminution in value of their prepetition collateral. Post-petition liens shall have the same validity and priority as prepetition liens. Set final hearing date and briefing schedule.
Final Ruling for April 18, 2018:
10:00 AM
Authorize debtor to expend up to a total of $43,000 between petition date and close of business on May 18, 2018 solely to the extent absolutely necessary to pay operating expenses for debtor and in accordance with budget plus a 10 percent variance. Set final hearing for May 16, 2018 at 11:00 a.m. Debtor shall file and serve supplemental papers in support of motion, which should include revised budget and actuals for months of February and March and as much of April as is possible and a comparison of budget to actuals, not later than May 7, 2018. Supplemental oppositions should be due May 14, 2018.
Tentative Ruling for May 16, 2018: See tentative ruling for matter no. 100.
Final Ruling for May 16, 2018:
At the hearing held this date, it became clear that the debtor's accountings were incomplete and unreliable. Counsel was not able to determine/explain which of the payments to insiders were paid prepetition and which were paid post-petition, notwithstanding the absence of authority to make such payments. Court also learned that, because the debtor had not obtained check stock for its DIP account, estate funds had been transferred to the debtor's principal who made payments on the estate's behalf. It is unclear whether or not any remaining estate assets have been transferred back to the estate.
In light of the foregoing, court refused to authorize the use of additional cash collateral, but did agree to extend the expiration date of the prior cash collateral order and to set a continued hearing on authority to use cash collateral for 10:00 a.m. on May 30, 2018. Court also issued an OSC why a chapter 11 trustee should not be appointed and set a hearing on the OSC for the same date and time as the continued cash collateral hearing.
Oppositions to the OSC are due May 23, 2018. (Court subsequently issued written order to this effect.)
Tentative Ruling for May 30, 2018:
Court has a few questions on Exhibit A to the Avaylon declaration.
10:00 AM
Court cannot authorize continued use of cash collateral without any projections. Were any additional projections provided? Court was not able to locate any.
Debtor(s):
OptometRx Optometry, Inc. Represented By Robert M Yaspan
10:00 AM
Approving The Sale Of Real Property Free And Clear Of All Liens, Claims, Encumbrances, And Interests, With The Exception Of Enumerated Exclusions,
Authorizing And Approving The Payment Of Certain Claims From Sale Proceeds
Providing Related Relief
Docket 162
5/10/18 - Ron Bender, (3101) 229-1234, has been approved for telephonic appearance on 5/30/18 @ 10am
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
10:00 AM
Docket 34
5/17/18 - Debtor's attorney to file a new notice of hearing rescheduling matter to 11am.
MATTER MOVED TO 11 A.M. CALENDAR.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens
10:00 AM
Docket 27
5/17/18 - Debtor's attorney to file a new notice of hearing rescheduling matter to 11am.
MATTER MOVED TO 11 A.M. CALENDAR.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens
11:00 AM
[Presumption of undue hardship]
fr. 4-25-18
Docket 20
5/30/18 - Herbert Wiggins, (310)779-8847, has been approved for telephonic appearance on 5/30/18 @ 11am - Emergency
Tentative Ruling for April 25, 2018:
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Final Ruling for April 25, 2018:
Court continued hearing to give debtor an opportunity to negotiate with lender.
Tentative Ruling for May 30, 2018:
What, if anything, has transpired since last hearing?
Debtor(s):
Jose Joaquin Leiva Represented By Herbert N Wiggins
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
fr. 4-25-18
Docket 16
NONE LISTED -
Has the debtor made progress with regard to compliance issues? Hearing required.
Debtor withdrew motion to employ counsel. Does debtor plan to file new employment application soon? Hearing required.
Debtor(s):
Essence Business Group, Inc. Represented By Thomas B Ure
11:00 AM
fr. 8-17-16, 11-1-16, 2-15-17, 5-10-17, 5-17-17, 6-14-17, 8-30-17, 9-6-17, 2-28-
18
Docket 1
5/25/18 - Steven R. Fox, (818) 774-3545, has been approved for telephonic appearance on 5/30/18 @ 11am
Set bar date and deadline for filing objections to claims. Set deadline for filing plan and disclosure statement.
6/17/16 -- Court granted application for bar date. Deadline to serve notice of bar date -- August 20, 2016. Bar date -- October 31, 2016.
Tentative Ruling for November 1, 2016:
Set deadline for filing plan and disclosure statement in approximately 90 days. Continue case status conference to date scheduled for hearing on disclosure statement.
11/4/16 -- Court signed scheduling order setting following dates:
L/D to file plan and disclosure statement -- December 28, 2016 Hearing on disclosure statement -- February 15, 2017 @ 2:00 p.m. Cont'd status conference -- February 15, 2017 @ 2:00 p.m.
8/14/17 -- Court approved stipulation continuing hearing to September 6, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 30, 2017. Tentative
Ruling for February 15, 2017:
11:00 AM
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for September 6, 2017:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for February 28, 2018:
It appears that the debtor's revenues have been decreasing each month. What is going on and how long will the debtor be able to sustain operations and continue to make plan payments if this continues? Hearing required.
Final Ruling from February 28, 2018:
Continue status conference to May 30, 2018 at 11:00 a.m. Debtor should file updated status report not later than May 21, 2018. Debtor's principal should appear in person at continued status conference.
Tentative Ruling for May 30, 2018:
Debtor's situation appears to have improved since February. Continue case status conference to November 28, 2018 at 11:00 a.m. Debtor should file updated status report not later than November 16, 2018. APPEARANCES WAIVED ON MAY 30, 2018.
Debtor(s):
TCC General Contracting, Inc. Represented By Steven R Fox
11:00 AM
fr. 4-5-18, 5-10-18
Docket 20
NONE LISTED -
At prior hearing, court learned that debtor had paid her personal rent of more than $4,000 per month) from estate funds, even though court has not yet processed insider compensation applications. (Creditor objected, but debtor had failed to set matter for hearing.) Employment application for counsel had not yet been filed, even though case has been pending since February 2, 2018. (What was post-petition payment to debtor's counsel for $3,007 for?)
How is the debtor doing with compliance issues at this point?
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens
11:00 AM
Docket 1
NONE LISTED -
"It's" means it is.
The possessive form of the word is "its" without an apostrophe.
Continue case status conference to April 5, 2018 at 10:00 a.m. to be heard concurrently with UST's motion to dismiss or convert.
Tentative Ruling for May 30, 2018:
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens
11:00 AM
Docket 34
NONE LISTED -
Court has reviewed the objections and counsel's reply thereto and still has questions.
If counsel seeks employment nunc pro tunc, he needs to explain the reason for the delay in seeking approval of his employment.
In his reply declaration, counsel discloses that he received $5,000 from the debtor prior to the commencement of the bankruptcy case. He claims that these funds were used to pay the filing fee and for his services in connection with state court litigation. When was this payment received and when was the payment due? In other words, are there preference issues that need to be explored here?
Counsel never actually answers the question raised in the UST's objection about fees paid and/or owed from the prior bankruptcy case. Is counsel owed an outstanding balance? Was counsel paid in full? If so, when? By whom?
Hearing required.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens
11:00 AM
Docket 27
NONE LISTED -
Court has no objection to a salary of $1,500 per month, but how can the debtor's principal pay herself the remaining "owners' draw" of $10,000 if/when there is less than $10,000 in profit? What are the amount/cost of the life and disability insurance benefits to be paid each month? Does debtor's principal also seek any kind of expense reimbursements? Debtor has paid her personal rent from the business for at least the months of February and March. How is this accounted for? Is this another form of compensation being paid by the business?
Hearing required.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens
2:00 PM
Docket 91
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Salah I. Saleh Represented By
Steven B Lever
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Docket 28
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Ken Guang Mac Represented By Michael Y Lo
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
[Fees requested: $10,726.40, Expenses: $0]
Docket 95
5/23/18 - Michael Berger, (310)271-6223, has been approved for telephonic appearance on 5/30/18 @ 2pm
Was applicant paid a retainer of $7,726.40 or $4,645.40? Application uses one figure. Declaration uses another.
Hearing required.
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
Movant(s):
Jennifer Min Liu Pro Se
2:00 PM
fr. 3-14-18, 5-16-18
Docket 103
NONE LISTED -
Tentative Ruling for March 14, 2018:
Court is not prepared to convert or dismiss the case at this time. Continue hearing on motion for approximately 90 days to see if debtor files a plan of reorganization that has any realistic prospect of being confirmed.
Final Ruling for March 14, 2018:
Continue hearing to May 16, 2018 at 2:00 p.m. Briefing closed.
Tentative Ruling for May 30, 2018:
Revisit status of motion after conclusion of related matters on calendar.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
1) Approving Debtor's Disclosure Statement
Approving Solicitation voting, balloting and notice procedures
Setting Confirmation Hearing and certain deadlines in connection with the Debtor's Plan of Reorganization
Docket 127
NONE LISTED -
See tentative ruling for matter no. 205.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
Docket 125
NONE LISTED -
Tentative Ruling for May 16, 2018:
It is unclear how the court could ever find that a plan is feasible if there is no court order that actually requires the debtor's estranged spouse to continue making the support payments on which the plan relies. And if these payments were formalized, wouldn't the debtor be required to pay taxes on them (at least the portion that would be characterized as spousal rather than child support)?
Hearing required.
Final Ruling for May 16, 2018:
Continue hearing to May 30, 2018 at 2:00 p.m. Court wants Ms. Cohen to explain what needs to happen and how long it will take to get at least an interim support order from the family law court.
Tentative Ruling for May 30, 2018:
What, if anything, has transpired since the last hearing. What has debtor's counsel learned about the steps that must be taken in order to obtain a support order? Hearing required.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By
2:00 PM
Leslie A Cohen
2:00 PM
Docket 1
NONE LISTED -
Set deadline for service of bar date and bar date.
Order authorizing counsel's employment was signed/entered June 14, 2017. Debtor is an attorney who consults, yet the vast majority of the income reflected on the budget is "monthly support." Is this from her ex-husband? Approximately how many hours per week does debtor spend doing legal- related work?
Where is the debtor currently living? Is the Bentley property habitable? What happened to the property that gave rise to the $70,000 in insurance proceeds? What transpired in the state court that led to the entry of a judgment against the debtor "on procedural grounds"?
Why are there two separate lines that both include the cost of summer school and camp for debtor's child/children? Where do debtor's children go to school? Debtor's financial troubles include, according to the status report, medical bills. Budget does not include a line-item for medical insurance.
Why not? Are these medical bills likely to be recurring or were they the result of a condition that has now been cured or eliminated?
The entries for home insurance and car insurance on the budget are blank. Who pays for these expenses? Does the debtor have a car? There do not appear to be any vehicle-related expenses on the budget. Why no?
Hearing required.
2:00 PM
6/29/17 -- Court signed scheduling order with following dates:
L/D to serve bar date notice -- July 7, 2017 Bar date -- August 31, 2017.
7/6/17 -- Court signed scheduling order with following dates: L/D to serve bar date notice -- July 7, 2017
Bar date -- August 31, 2017.
Cont'd case status conference -- October 4, 2017 at 11:00 a.m. L/D to file updated status report -- September 22, 2017.
Tentative Ruling for October 4, 2017:
How much work remains to be done on the property? Does the debtor have an estimate as to when the property will be in a condition to be rented?
Hearing required.
Tentative Ruling for February 28, 2018:
Continue hearing to March 14, 2018 at 10:00 a.m. to be heard concurrently with motion to convert set for same date and time. APPEARANCES WAIVED ON FEBRUARY 28, 2018.
Tentative Ruling for March 14, 2018:
Revisit status of case after conclusion of hearing on related motions. 3/19/18 -- Court approved scheduling order with following dates: Cont'd status conference -- May 16, 2018 at 2:00 p.m.
Filing of updated status report waived
L/D for debtor to file plan and disclosure statement -- March 30, 2018\ Hearing on disclosure statement -- May 16, 2018 at 2:00 p.m.
Tentative Ruling for May 30, 2018:
2:00 PM
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
10:00 AM
Adv#: 1:13-01241 Scheer v. State Bar Of California et al
SCHEER V. STATE BAR 1:13-AP-01241VK
Docket 0
NONE LISTED -
Debtor(s):
Marilyn S. Scheer Represented By David M Reeder
Defendant(s):
State Bar Of California Represented By Suzanne C Grandt Marc A Shapp
Joseph Dunn Represented By
Suzanne C Grandt
Kenneth E. Bacon Represented By Suzanne C Grandt
Plaintiff(s):
Marilyn S. Scheer Pro Se
Trustee(s):
David Seror (TR) Pro Se
10:00 AM
MOVANT: BANK OF AMERICA, NA
Docket 12
6/4/18 – Gilbert Yabes, (714) 285-2665, has been approved for telephonic appearance on 6/5/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Michelle LeDoux Represented By Navid Kohan
Movant(s):
BANK OF AMERICA, N.A. Represented By Gilbert R Yabes
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: KINECTA FEDERAL CREDIT UNION
Docket 9
5/31/18 - Mark S. Blackman, (702) 475-7964, Ext. 7048, has been approved for telephonic appearance on 6/5/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Fabiola Zuniga Represented By
D Justin Harelik
Movant(s):
KINECTA FEDERAL CREDIT Represented By
Mark S Blackman
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 7
5/30/18 - Austin P. Nagel, (925) 855-8080 ext. 205, has been approved for telephonic appearance on 6/5/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Tracy Denise MC Daniel Represented By
A Boudreaux III
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: UNISON INVESTMENT COMPANY, LLC.
Docket 8
NONE LISTED -
Deny motion as moot. Case has been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Steve Robert Hecht Pro Se
Movant(s):
UNISON INVESTMENT Represented By Stephen C Duringer
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Adv#: 2:16-01417 Menchaca et al v. Clayton Group Inc. et al
Clayton Group Inc., Timothy Duffy
fr. 11-15-16, 6-6-17, 7-11-17, 10-3-17, 1-30-18, 3-20-18
Docket 1
NONE LISTED -
Tentative Ruling for February 14, 2017:
The amended complaint was filed back in October. Why haven't all defendants been served? (There is no proof of service on docket.)
Hearing required.
Final Ruling for February 14, 2017:
Continue status conference to June 6, 2017 at 2:00 p.m. Parties should file joint status report by May 23, 2017. Trustee and Main Credit will be amending complaint again to add Main Credit as plaintiff, make a few corrections and add a party.
Tentative Ruling for June 6, 2017:
In status report, trustee states that plaintiff will have filed a motion to substitute Main Credit as the plaintiff by the date of the status conference. Has this occurred?
Tentative Ruling for July 11, 2017:
2:00 PM
Deadline to file/serve response to complaint was July 7, 2017. Clayton Group has filed an answer. Has Timothy Duffy? If not, set deadline for filing request for entry of default and default judgment motion.
How long do the parties anticipate that they will need to complete discovery? Does either/any party anticipate filing any pretrial motions? Should this matter be sent to mediation? Hearing required.
7/14/17 -- Court signed scheduling order setting dicovery cutoff for December 29, 2017 and continued status conference for October 3, 2017 at 2:00 p.m.
Parties shall file joint status report not later than September 19, 2017.
Tentative Ruling for October 3, 2017:
According to the status report, the parties anticipate that they will be done with discovery by January 31, 2018. Are the parties requesting an extension of the discovery cutoff? Hearing required.
10/12/17 -- Court approved scheduling order with following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018 L/D to complete mediation -- January 30, 2018
L/D to lodge order appointing mediator -- October 30, 2017 Discovery cutoff extended to January 31, 2018
Tentative Ruling for January 30, 2018:
Have the parties now completed their day of mediation? If not, why not? If the matter has not settled, continue discovery cutoff to March 15, 2018.
Discuss with parties timing for any contemplated motions for summary judgment or adjudication.
2/5/18 -- Court approved scheduling order with following dates: Cont'd status conference -- March 20, 2018 at 2:00 p.m.
L/D to file joint status report -- March 13, 2018
2:00 PM
L/D to complete mediation -- March 20, 2018 Discovery cutoff extended to March 15, 2018
Tentative Ruling for March 20, 2018:
Mediator reports that matter settled. Discuss with parties procedures for obtaining approval of proposed settlement.
Tentative Ruling for June 5, 2018:
Court has not been able to locate any recent filings -- no 9019 motion, no stipulation, no status report. What, if anything, has happened in this matter since the last status conference? Hearing required.
Debtor(s):
RestoreGroup, Corp. Represented By Steven R Fox
Defendant(s):
Clayton Group Inc. Represented By Steven J Shapero
Timothy Duffy Pro Se
Plaintiff(s):
John J. Menchaca Represented By David G Jimenez
Main Credit Corp as Successor to Represented By
David G Jimenez
Trustee(s):
John J Menchaca (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
fr. 8-30-16, 10-4-16, 11-29-16, 4-4-17, 4-25-17, 5-9-17, 6-13-17, 8-22-17, 10-3-
17, 2-6-18, 2-13-18
Docket 1
NONE LISTED -
8/11/16 -- Court approved stipulation continuing status conference to October 4, 2016 at 2:00 p.m. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for November 29, 2016:
Revisit status of action after conclusion of related matters on calendar.
3/21/17 -- Court approved stipulation continuing hearing to April 25, 2017 at 2:00 p.m. OFF CALENDAR FOR APRIL 4, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
2:00 PM
Revisit status of action after conclusion of related matters on calendar.
8/14/17 -- Court approved stipulation extending certain dates and continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 22,
2017.
Tentative Ruling for October 3, 2017:
Revisit status of action after conclusion of related matters on calendar.
2/5/18 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 5, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar. 2/20/18 -- Court approved scheduling order with following dates: Cont'd status conference -- June 5, 2018 at 2:00 p.m.
L/D to file joint status report -- May 22, 2018 Discovery cutoff -- August 17, 2018
Tentative Ruling for June 5, 2018:
Extend discovery cutoff to March 2019 and order the parties to mediation.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price
2:00 PM
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Video Symphony, LLC Represented By Samuel Price
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
Adv#: 2:16-01480 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
fr. 1-10-17, 4-4-17, 4-25-17, 5-9-17, 6-13-17, 8-22-17, 10-3-17, 2-6-18, 2-13-18
Docket 1
NONE LISTED -
12/22/16 -- Court approved stipulation continuing hearing to April 4, 2017 at 2:00 p.m. and waiving status report for that conference. OFF CALENDAR FOR JANUARY 10, 2017. NO APPEARANCE REQUIRED.
3/21/17 -- Court approved stipulation continuing hearing to April 25, 2017 at 2:00 p.m. OFF CALENDAR FOR APRIL 4, 2017.
HEARING CONTINUED TO MAY 9, 2017 AT 2:00 P.M. OFF CALENDAR FOR APRIL 25, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
Revisit status of action after conclusion of related matters on calendar. 8/14/17 -- Court approved stipulation extending certain dates and continuing
2:00 PM
hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 22,
2017.
Tentative Ruling for February 6, 2018:
Revisit status of action after conclusion of related matters on calendar.
2/5/18 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 5, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar. 2/20/18 -- Court approved scheduling order with following dates: Cont'd status conference -- June 5, 2018 at 2:00 p.m.
L/D to file joint status report -- May 22, 2018 Discovery cutoff -- August 17, 2018
Tentative Ruling for June 2, 2018:
Extend discovery cutoff to March 2019 and continue status conference approximately 90 days.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Alice Yick Flanagan Represented By Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Michael Gerard Flanagan Represented By
2:00 PM
Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
Adv#: 2:15-01648 Main Credit Corp v. Kibby et al
fr. 2-2-16, 4-26-16, 7-19-16, 10-18-16, 1-31-17, 5-16-17, 8-29-17, 10-3-17, 1-30-
18, 3-20-18
Docket 1
NONE LISTED -
What is defendant's position with regard to mediation? Hearing required. 2/14/17 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 16, 2017 at 2:00 p.m. L/D to file and serve joint status report -- May 2, 2017 L/D to conduct discovery -- October 31, 2017
Tentative Ruling for May 16, 2017:
Continue status conference to August 29, 2017 at 2:00 p.m. Parties shall file updated status report not later than August 15, 2017. APPEARANCES WAIVED ON MAY 16, 2017.
7/11/17 -- At a hearing held this date in a related adversary proceeding, the Court continued this status conference to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 29, 2017. NO APPEARANCE REQUIRED.
2:00 PM
Tentative Ruling for October 3, 2017:
According to the status report, the parties anticipate that they will be done with discovery by December 31, 2018. Are the parties requesting an extension of the discovery cutoff? Discuss with the parties whether this is an appropriate matter to be sent to mediation.
10/12/17 -- Court approved scheduling order with following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018 L/D to complete mediation -- January 30, 2018
L/D to lodge order appointing mediator -- October 30, 2017 Discovery cutoff extended to January 31, 2018
Tentative Ruling for January 30, 2018:
Have the parties now completed their day of mediation? If not, why not? If the matter has not settled, continue discovery cutoff to March 15, 2018.
Discuss with parties timing for any contemplated motions for summary judgment or adjudication.
2/5/18 -- Court approved scheduling order with following dates: Cont'd status conference -- March 20, 2018 at 2:00 p.m.
L/D to file joint status report -- March 13, 2018 L/D to complete mediation -- March 20, 2018 Discovery cutoff extended to March 15, 2018
Tentative Ruling for March 20, 2018:
Mediator reports that matter settled. Discuss with parties procedures for obtaining approval of proposed settlement.
2:00 PM
Tentative Ruling for June 5, 2018:
Court has not been able to locate any recent filings -- no 9019 motion, no stipulation, no status report. What, if anything, has happened in this matter since the last status conference? Hearing required.
Debtor(s):
Charles Clayton Kibby Represented By Jeffrey J Hagen Steven J Shapero
Defendant(s):
Charles Clayton Kibby Represented By Steven J Shapero David G Jimenez
RestoreGroup, Corp. Represented By Steven J Shapero David G Jimenez
Clayton Group Inc Represented By Steven J Shapero David G Jimenez
CGI Preservation Represented By Steven J Shapero David G Jimenez
Plaintiff(s):
Main Credit Corp Represented By David G Jimenez
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:17-01196 Dahan v. Barnes
fr. 5-16-17, 8-29-17, 11-28-17, 2-27-18
Docket 1
5/29/18 - Johnny White, (310)478-4100 x 6641, has been approved for telephonic appearance on 6/5/18 @ 2pm.
Tentative Ruling for May 6, 2017:
Explain to debtor the importance of participating in the preparation of joint status reports and other pretrial procedures as set forth in local bankruptcy rules. Plaintiff requests that this matter trail UST's 727 action. Continue status conference to August 29, 2017 at 2:00 p.m. to coincide with status conference in UST's adversary proceeding.
Tentative Ruling for August 29, 2017:
Continue status conference to same date and time as pretrial conference in matter no. 207.
Tentative Ruling for November 28, 2017:
If court grants motion to dismiss 727 action, there is no longer any reason to trail this action. Set continued status conference and require parties to file joint status report in connection with that conference.
Tentative Ruling for February 27, 2018:
2:00 PM
Where is status report that should have been filed February 13, 2018? Hearing required.
3/6/18 -- Court signed scheduling order setting following dates: Cont'd status conference -- June 5, 2018 at 2:00 p.m.
L/D to file joint status report -- May 22, 2018 L/D to conduct discovery -- June 30, 2018
Debtor admonished to check her email, including spam filter, to make sure that she participates in preparation of joint status report in a timely manner.
Tentative Ruling for June 5, 2018:
Set deadline for filing pretrial motions. Order parties to complete a day of mediation prior to date of hearing on pretrial motions.
Debtor(s):
Ruth Barnes Represented By
Alan W Forsley
Defendant(s):
Ruth Barnes Pro Se
Plaintiff(s):
Shmuel and Theodora Dahan Represented By Johnny White
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:17-01481 Leslie v. Solis et al
fr. 11-28-17, 2-27-18
Docket 1
6/5/18 - James Hornbuckle, (949)499-1822, has been approved for telephonic appearance on 6/5/18 @ 2pm.
Tentative Ruling for November 28, 2017:
Where is the status report that should have been filed two weeks before the status conference? What is the status of this matter? Hearing required.
Final Ruling for November 28, 2017:
Continue status conference to February 27, 2018 at 2:00 p.m. Parties should file joint status report not later than February 13, 2018.
Tentative Ruling for February 27, 2018:
Set discovery cutoff for August 30, 2018. Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
3/1/18 -- Court signed scheduling order with following dates:
Cont'd status conference -- June 5, 2018 at 2:00 p.m. L/D to complete discovery -- August 30, 2018
2:00 PM
L/D to complete mediation -- June 5, 2018
L/D to lodge mediation order -- March 16, 2018 L/D to file joint status report -- May 22, 2018
3/19/18 -- Court approved order appointing mediators.
Tentative Ruling for June 5, 2018:
Have the parties complied with this Court's order to complete a day of mediation prior to June 5, 2018? If not, why not?
Debtor(s):
West Coast Recycling Services, Inc. Represented By
James D. Hornbuckle
Defendant(s):
Alfredo Solis Represented By
James D. Hornbuckle
Mission Recycling, Inc., a California Represented By
James D. Hornbuckle
Plaintiff(s):
Sam S. Leslie Represented By
Christian T Kim James A Dumas Jr
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim James A Dumas Jr
2:00 PM
Adv#: 2:18-01003 Tarpinian et al v. Isadzhanyan
fr. 3-6-18
Docket 1
NONE LISTED -
Continue status conference for approximately 90 days. Order parties to complete a day of mediation under court's mediation program prior to date of continued status conference.
3/27/18 -- Court approved scheduling order setting following dates: Cont'd status conference -- June 5, 2018 at 2:00 p.m.
L/D to file joint status report -- May 22, 2018
L/D to lodge order appointing mediators -- March 26, 2018 L/D to complete mediation -- June 5, 2018.
3/27/18 -- Court approved order appointing mediators.
Tentative Ruling for June 5, 2018:
Have the parties complied with this Court's order to complete a day of mediation prior to June 5, 2018? If not, why not?
Debtor(s):
Levon Isadzhanyan Represented By
2:00 PM
Khachik Akhkashian
Defendant(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Plaintiff(s):
Nayrie Garo Tarpinian Represented By Cliff Schneider
Gary Tarpinian Represented By Cliff Schneider
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Brandon J Iskander
2:00 PM
Adv#: 2:18-01106 Malipep, LLC v. Taylor et al
Docket 1
NONE LISTED -
OFF CALENDAR. MATTER REMANDED TO STATE COURT.
Debtor(s):
Arnetta Taylor Represented By Freddie L Fletcher
Defendant(s):
Arnetta Taylor Represented By Freddie L Fletcher
Gregory L Belcher Represented By Freddie L Fletcher
Teresa Owens Represented By Freddie L Fletcher
Plaintiff(s):
Malipep, LLC Represented By
Edward L Felman David S Hagen
2:00 PM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:17-01384 McKenzie v. Bustamante
fr. 10-17-17, 1-30-18, 3-20-18, 5-8-18
Docket 1
NONE LISTED -
Set discovery cutoff for February 1, 2018. Continue status conference to approximately same time frame. Order parties to complete a day of mediation prior to date of continued status conference.
10/20/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018
L/D to lodge order appointing mediator and alternate mediator -- 11/17/17 L/D to complete mediation -- January 30, 2018
Tentative Ruling for January 30, 2018:
The titles on the status reports were a bit confusing. Court assumes that parties have now both signed off on the report most recently filed January 17, 2018 as docket no. 14?
Case was closed without a discharge in October of 2017 based upon the debtor's failure to file a certificate evidencing the completion of a credit counseling course. This situation is easily remedied with the filing of a form
2:00 PM
motion to reopen to permit the filing of the credit counseling certificate. Parties should have proceeded with mediation.
Does debtor intend to file such a motion? If not, why not? Hearing required.
3/6/18 -- Court signed order appointing mediators. Tentative Ruling for March 20, 2018:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order with dates set at prior status conference. (Cont'd status conference -- March 20, 2018 at 2:00 p.m.; L/D to file updated status report -- March 6, 2018; Extended deadline for completion of mediation -- March 20, 2018; L/D to lodge order appointing mediators -- February 16, 2018). Court signed order appointing mediators, but never received scheduling order.
Did the parties completed the mediation scheduled for March 15? Hearing required.
Tentative Ruling for May 8, 2018:
Mediator has filed certificate of completion, reflecting that mediation was conducted but that matter did not settle. Impose sanctions on the parties for failing to lodge joint pretrial order in a timely manner. Parties filed pretrial stipulation and lodged order approving it on April 30. This is late and is not the procedure that Judge Bluebond requires.
Tentative Ruling for June 5, 2018:
Court has received plaintiff's unilateral pretrial order, but where is the accompanying declaration required by LBR 7016-1(e)? Discuss with parties the status of the state court action and the interaction between that lawsuit and this one. Hearing required.
2:00 PM
Debtor(s):
Anthony Bustamante Represented By Dana M Douglas
Defendant(s):
Anthony Bustamante Represented By Dana M Douglas
Plaintiff(s):
Gary McKenzie Represented By Ronald D Tym
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:18-01058 CALIFORNIA CAPITAL INSURANCE CO. v. ROUNTREE et al
Docket 7
NONE LISTED -
Court wants additional information. Did plaintiff's counsel eventually arrive at the courthouse? If so, at what time? What happened to counsel's cell phone that made it inoperable? Hearing required.
Debtor(s):
RYAN ROUNTREE Represented By
Michael D Kwasigroch
Defendant(s):
RYAN ROUNTREE Represented By
Michael D Kwasigroch
DANNIELLE ROUNTREE Represented By
Michael D Kwasigroch
Joint Debtor(s):
DANNIELLE ROUNTREE Represented By
Michael D Kwasigroch
Plaintiff(s):
CALIFORNIA CAPITAL Represented By Bruce N Graham
2:00 PM
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01058 CALIFORNIA CAPITAL INSURANCE CO. v. ROUNTREE et al
Danielle Rountree fr. 5-8-18
Docket 1
NONE LISTED -
Parties should not use "all caps" in future status reports. It is difficult and unpleasant to read.
Continue status conference for approximately 90 days. Order parties to complete a day of mediation prior to the date of the continued status conference.
Debtor(s):
RYAN ROUNTREE Represented By
Michael D Kwasigroch
Defendant(s):
RYAN ROUNTREE Represented By
Michael D Kwasigroch
DANNIELLE ROUNTREE Represented By
Michael D Kwasigroch
Joint Debtor(s):
DANNIELLE ROUNTREE Represented By
2:00 PM
Michael D Kwasigroch
Plaintiff(s):
CALIFORNIA CAPITAL Represented By Bruce N Graham
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
fr. 4-3-18
Docket 94
NONE LISTED -
Tentative Ruling for April 3, 2018:
BRCA concedes that it is in possession of documents/records/files that formerly belonged to ORCB. A subpoena to the custodian of records for BRCA is therefore sufficient to access records that once belonged to ORCB. Trustee is correct that he holds the debtor's attorney/client privilege and is the successor to the debtor. A client is permitted to demand the turnover of its files. The trustee can do so with regard to/on behalf of the debtor. Moreover, under Bankruptcy Code section 542(e), the Court may order an attorney in possession of books, documents, records and papers relating to the debtor's property or financial affairs to turn them over to the trustee.
Grant the motion. BRCA must deliver to the trustee the same records, files, etc. that it would be required to turnover to the debtor if the debtor asked for its records and files outside of bankruptcy. No documents may be withheld on the ground of attorney/client privilege. If there are any documents that the firm believes may be withheld on work product grounds, firm will need to identify and describe those documents on a privilege log so that the court can determine whether it is appropriate for such documents to be withheld.
Sanctions should be imposed on BRCA to cover the fees and costs associated with the trustee's having to bring this motion. Set continued hearing to determine the amount of such fees.
2:00 PM
Final Ruling for April 3, 2018:
Continue hearing to June 5, 2018 at 2:00 p.m. BCRA should produce by May 14, 2018 all documents that have been requested that are within its custody or under its control and provide a log of any documents within its possession or under its control that it is refusing to produce. Log should include date, all recipients of the document, a brief description of the document and its contents and an explanation of why the document was withheld.
Tentative Ruling for June 5, 2018:
Has BRCA complied with the instructions given by the Court at the last hearing?
5/7/18 -- Court approved stipulation continuing discovery cutoff to October 31, 2018.
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By J Scott Bovitz
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By John P Kreis
Caroline Su Kyu Shieh Represented By John P Kreis
Christopher Shieh Represented By Joseph D Huser John P Kreis
2:00 PM
Benjamin Shieh Represented By Joseph D Huser John P Kreis
Patricia Shieh Armijo Represented By Joseph D Huser John P Kreis
Cesar Fernando Castro Represented By Joseph D Huser John P Kreis
Movant(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
2:00 PM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
fr. 5-29-18
fr. 1-31-17, 3-28-17, 4-11-17, 6-6-17, 9-12-17, 12-19-17, 1-9-18, 2-13-18
Docket 1
NONE LISTED -
1/18/2017 -- Court approved stipulation continuing defendant's response date to March 20, 2017 and continuing status conference to March 28, 2017 at
2:00 p.m. OFF CALENDAR FOR JANUARY 31, 2017.
Tentative Ruling for March 28, 2017:
Continue status conference to April 11, 2017 at 2:00 p.m. to be heard concurrently with motion to dismis. OFF CALENDAR FOR MARCH 28, 2017.
Tentative Ruling for April 11, 2017:
Set deadline for defendants to file an answer to the existing complaint. Continue status conference approximately 60 to 90 days.
Final Ruling for April 11, 2017:
2:00 PM
Continue status conference to June 6, 2017 at 2:00 p.m. Parties will file a joint status report by May 23, 2017. Defendant must file and serve an answer to complaint by May 12, 2017.
Tentative Ruling for June 6, 2017:
According to the status report, defendant plans to bring a motion for summary judgment/partial summary adjudication of issues? Would this motion raise the same arguments that were advanced in the motion to dismiss that the court previously denied, offering the following tentative ruling:
Deny motion. The only assets that were sold to John Shieh were the specific assets identified on Exhibit A to the motion and the order granting the motion. No avoiding power claims were sold. Neither were any of the assets that the trustee alleges in the complaint were fraudulently transferred. The good faith finding relates only to the specific transaction that was the subject of the motion. The trustee never requested -- and the court never made -- a finding that the defendants had acted in good faith in connection with any other events or transactions.
There is no statute of limitations problem. The trustee is not attempting to set aside the sale. He is attempting to prosecute an avoiding power action and may file such an action before the later of 2 years after the entry of the order for relief or 1 year after the appointment of the trustee. The case was filed on January 29, 2015. This adversary proceeding was filed on November 30, 2016. That is well within two years after the commencement of the case.
Order parties to complete a day of mediation prior to date of continued status conference.
6/13/17 -- Court approved scheduling order setting following dates:
Cont'd status conference -- September 12, 2017 at 2:00 pm L/D to file joint status report -- August 29, 2017
L/D to complete discovery -- October 31, 2017
2:00 PM
L/D to complete mediation -- September 12, 2017
L/D to lodge order appointing mediators -- June 30, 2017 7/5/17 -- Court signed order appointing mediators.
Tentative Ruling for September 12, 2017:
According to status report, parties were scheduled to attend mediation before Jason Wallach on September 6. Did the mediation go forward on that date? Were they able to resolve this matter? Hearing required.
9/14/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- December 19, 2017 at 2:00 p.m.
L/D to file joint status report -- December 5, 2017 L/D to complete discovery -- December 29, 2017
Tentative Ruling for December 19, 2017:
The parties report having participated in mediation with Jason Wallach on September 6, 2017, yet they ask in the status report that the matter be sent to mediation. What are they requesting at this point? Did the parties want to utilize the services of another mediator or to return to Mr. Wallach? Have they discussed with him whether he would charge for the continued mediation?
Are the parties on track to complete their discovery by December 29? Hearing required.
12/20/17 -- Court signed scheduling order continuing status conference to January 9, 2018 at 2:00 p.m., waiving the requirement of a joint status report for that conference and extending the discovery cutoff to March 31, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar.
2:00 PM
2/15/18 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 29, 2018 at 2:00 pm Discovery cutoff -- May 31, 2018
L/D to file joint status report -- May 15, 2018
5/15/18 -- Court approved stipulation continuing hearing to June 5, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 29, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for June 5, 2018:
Court is confused. Defendants have included a demand for a jury trial in their joint status report. The last pleading filed in this case directed to the issues for which the defendants seek to preserve a right to jury trial was filed in May of 2017. Therefore, if defendants ever had a right to a jury trial, if this request is defendants' first demand for a jury, it is untimely. (See FRBP 9015, incorporating FRCP 38(b) and FRCP 38(b)(1).
Status report makes reference to possible motions for summary judgment/summary adjudication. Set deadline for filing of such motions and continue status conference to a date that may be used as date of hearing on such motion(s).
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By J Scott Bovitz
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By John P Kreis
2:00 PM
Caroline Su Kyu Shieh Represented By John P Kreis
Christopher Shieh Represented By Joseph D Huser John P Kreis
Benjamin Shieh Represented By Joseph D Huser John P Kreis
Patricia Shieh Armijo Represented By Joseph D Huser John P Kreis
Cesar Fernando Castro Represented By Joseph D Huser John P Kreis
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
2:00 PM
Sustaining Objection to Debtor's Claim of Exemption
Compelling Turnover of Estate Property fr. 1-24-18, 3-20-18, 5-15-18
Docket 38
NONE LISTED -
Tentative Ruling for January 28, 2018:
Trustee is correct that settlement proceeds are property of debtors' bankruptcy estate, but that is a different question from whether or not that property is exempt. Trustee is correct that debtors cannot now switch to 704 exemptions in light of the fact that their bankruptcy case was administered with the exemptions available under section 703. Debtors cannot refuse to produce copies of relevant documents including settlement agreement to trustee. Trustee is the real party in interest unless and until the proceeds have been exempted from the bankruptcy estate and they won't be exempted unless the trustee has an opportunity to review the operative documents.
Continue hearing to give debtors an opportunity to amend their Schedule C to assert exemptions under the 703 series and for the parties to engage in discovery. Issue notice deeming matter to be an adversary proceeding for procedural purposes and set continued status conference.
Final Ruling for January 28, 2018:
(See order entered January 29, 2018.) Issue order advising parties that court will treat this contested matter as an adversary proceeding for procedural
2:00 PM
purposes. Court bifurcated issues raised by motion for purposes of discovery and hearing; the first issue to be addressed is whether the proceeds are property of the bankruptcy estate. Court set March 20, 2018 at 2:00 p.m. as a status conference and waived the requirement of a status report.
Tentative Ruling for March 20, 2018:
When do the parties anticipate that they will have completed discovery with regard to the first issue? Hearing required.
Tentative Ruling for May 15, 2018:
Discuss with parties whether it is necessary for the trustee to sign a stipulated protective order in order to obtain copies of the relevant documents and, if so, whether the stipulated order proposed by the debtor is appropriate to the task. Hearing required.
Tentative Ruling for June 5, 2018:
Assuming that the remaining documents that the trustee expects are delivered to the trustee by June 8, 2018, when does the trustee anticipate that he will be in a position to give the debtors feedback on the form of their proposed stipulation of facts? Hearing required.
Debtor(s):
Robert Louis Ditchey Sr. Represented By
Susan I Montgomery
Joint Debtor(s):
Nathalie R. Ditchey Represented By
Susan I Montgomery
Movant(s):
Rosendo Gonzalez (TR) Represented By Toan B Chung
2:00 PM
Trustee(s):
Rosendo Gonzalez (TR) Represented By Toan B Chung
10:00 AM
Docket 1044
NONE LISTED -
5/24/18 -- Court approved stipulation resolving claim objection. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
Docket 450
NONE LISTED -
5/29/18 -- Court approved stipulation continuing hearing to June 6, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
Tentative Ruling for June 6, 2018:
Proofs of claim for prepetition services were to have been filed by January 16, 2015. The prepetition portions of claims nos. 13 and 14 were filed on April 11, 2015 and July 17, 2015. Claimant was served with the notice of bar date. Therefore, they are late-filed and claimant has not established excusable neglect. The conversion of the case to chapter 7 did not change this result, as this Court vacated the order of conversion.
With regard to the post-petition portion of the claims, filing a proof of claim is not the correct procedural vehicle, but, even if claimant had filed a request for payment of an expense of administration, nothing has changed since the Court's last ruling on this issue (February 24, 2016, memorialized in the Court's order of October 12, 2017). A professional cannot compel the estate to employ him and Thomas was never employed by the estate. If there are individuals whom Thomas believes fraudulently induced him to render post- petition services for the benefit of the estate, Thomas should pursue claims against these individuals.
Debtor(s):
Albany Investment Properties, LLC Represented By
10:00 AM
Raymond H. Aver
R Alexander Comley
10:00 AM
fr. 5-30-18
Docket 448
NONE LISTED -
5/29/18 -- Court approved stipulation continuing hearing to June 6, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
Tentative Ruling for June 6, 2018:
Court cannot evaluate the merits of the claim unless claimant first provides a breakdown of the manner in which the claim amounts were calculated. Give claimant one last opportunity to provide such a breakdown. Once the Court has the breakdown, it can evaluate the other objections leveled by the debtor.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
11:00 AM
Docket 30
NONE LISTED -
Tentative Ruling for May 9, 2018:
Has debtor amended his schedules to reflect omitted assets and liabilities? Continue hearing to give debtor an opportunity to make the required amendments and the trustee an opportunity to review those amendments.
Final Ruling for May 9, 2018:
Continue hearing to June 6, 2018 at 11:00 a.m. Debtor should file last amendment by May 11, 2018. Any supplemental briefing from the trustee should be filed and served by May 23, 2018. Replies should be filed and served by May 30, 2018.
Tentative Ruling for June 6, 2018:
Why did it take the debtor so long to file amended schedules, disclosing the omitted assets? Hearing required.
Debtor(s):
Jaime Rivera Represented By
David H Chung
Trustee(s):
Wesley H Avery (TR) Represented By
11:00 AM
Chad V Haes
11:00 AM
fr. 3-09-16, 4-13-16, 6-8-16, 6-29-16, 8-31-16, 9-6-16, 9-28-16, 12-7-16, 1-25-
17, 2-16-17, 4-12-17, 4-26-17, 5-3-17, 6-28-17, 7-12-17, 9-13-17, 11-15-17, 12-
13-17, 4-25-18
Docket 1
NONE LISTED -
3/14/16 -- Court signed scheduling order setting following dates:
L/D to serve notice of bar date -- March 29, 2016 Bar date -- May 20, 2016
Cont'd status conference -- April 13, 2016 at 2:00 p.m.
Court waived requirement of a written status report for this status conference only.
Tentative Ruling for April 13, 2016:
Debtor has served notice of bar date and has filed a plan, but has not filed a disclosure statement and has not set any hearings.
Hearing required.
4/25/16 -- Court approved scheduling order setting deadline of April 27, 2016 for debtor to file disclosure statement. Disclosure statement should be set for hearing on June 8, 2016 at 2:00 p.m. Court waived requirement of status report for June 8 status conference.
Tentative Ruling for June 8, 2016:
11:00 AM
Continue status conference to June 29, 2016 at 2:00 p.m. to be held concurrently with continued hearing on disclosure statement.
Tentative Ruling for June 29, 2016:
See tentative ruling for matter no. 200.
7/25/16 -- Court approved order appointing mediator and alternate mediator. Tentative Ruling for August 17, 2016:
Continue hearings to August 31, 2016 at 10:00 a.m. to be heard concurrently with motion for appointment of a trustee. OFF CALENDAR FOR AUGUST 17, 2016. NO APPEARANCE REQUIRED.
8/22/16 -- Court approved stipulation continuing hearing to September 6, 2016 at 10:30 a.m. (not 10:00 a.m.) OFF CALENDAR FOR AUGUST 31,
2016. NO APPEARANCE REQUIRED.
Tentative Ruling for September 6, 2016:
Continue case status conference to date of continued hearing on disclosure statement.
Tentative Ruling for December 7, 2016:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for February 16, 2017:
Revisit status of case after conclusion of related matters on calendar.
4/11/17 -- Court approved stipulation continuing hearing to April 26, 2017 at 10:00 a.m. OFF CALENDAR FOR APRIL 12, 2017.
11:00 AM
4/24/17 -- Court approved stipulation continuing hearing to May 3, 2017 at 2:00 p.m. Court notes, however, that the hearing referenced in the stipulation as already being heard on May 3 at 10:00 a.m. is not currently on calendar. OFF CALENDAR FOR APRIL 26, 2017.
Tentative Ruling for May 3, 2017:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for July 12, 2017:
If Court approves disclosure statement, continue case management conference to date of confirmation hearing. If Court does not approve disclosure statement, continue status conference to coincide with date of continued hearing on disclosure statement.
8/28/17 -- Court continued hearing to November 15, 2017 at 10:00 a.m. to be heard with other matters on calendar for that day. OFF CALENDAR FOR SEPTEMBER 13, 2017.
11/13/17 -- Continue to December 13, 2017 at 2:00 p.m. to be heard concurrently with plan. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for December 13, 2017:
If court confirms plan, set post-confirmation status conference in approximately 90 to 120 days.
Tentative Ruling for April 25, 2018:
Where is the status report that should have been filed by April 13, 2018? Why wasn't it filed in a timely manner? What has transpired since confirmation of the debtor's plan? Hearing required.
OFF CALENDAR. FINAL DECREE ENTERED.
11:00 AM
Debtor(s):
Doran Lofts, LLC Represented By James A Tiemstra Lisa Lenherr Anastasia E Bessey James A Tiemstra
11:00 AM
Approve Compromise between Debtor Altadena Lincoln Crossing, LLC and George Garikian as Trustee of the George Garikian Living Trust;
Modify Cash Collateral Order to Approve $50,000 Expenditure Required by Compromise
fr. 2-28-18, 5-16-18
Docket 369
NONE LISTED -
Tentative Ruling for February 28, 2018:
NOTE: It is not helpful that the debtor is defined at the beginning of the Motion as the "Debtor," but then periodically referred to as ALC, which has no definition in the body of the motion.
The fact that EWB may have reviewed the leases that are to be assumed is not helpful. The court had not reviewed them. They have now been provided, but where is the indemnification agreement and the SK Market lease? The debtor intends to assume the indemnification agreement, and that agreement reportedly obligates the debtor to indemnify Garikian against the risk that B&V will argue that agreements between the debtor and Garikian will result in the debtor's inability to perform under the SK Market lease. The Court cannot evaluate this risk and the debtor's possible exposure under the indemnification agreement without being able to see these documents.
And has B&V been served with this motion? It would be helpful to know whether B&V believes that all of the parking issues will be resolved if this compromise is approved.
11:00 AM
The Court agrees with EWB that the motion does not discuss the impact on the debtor or its operations or the value of the property from assuming the leases and the indemnification agreement. Similarly missing from the motion is any discussion of how/why EWB will remain adequately protected if
$50,000 of its cash collateral is diverted to this use. Motion asserts that this will be the case but does not provide any support for this conclusion.
Are there any timing constraints? When would the debtor realistically anticipate that construction would begin? Are there be any actual bids or construction contracts or other documentation to support the debtor's estimate that $50,000 will suffice for this work? Is there any reason that the compromise needs to be approved now, or can it be permitted to trail with the other confirmation issues?
Hearing required.
Final Ruling for February 28, 2018:
Continue hearing to May 16, 2018 at 2:00 p.m. Debtor should serve and file supplemental declaration and serve papers on B&V by April 4. Any supplemental oppositions must be filed by April 18, 2018. Supplemental replies must be filed by May 14, 2018.
Tentative Ruling for May 16, 2018:
Rulings on Evidentiary Objections:
Overrule (but, if late filing gave rise to prejudice, court will further continue hearing).
Overrule.
Ovverule.
Sustain (best evidence).
Sustain (best evidence).
Sustain (best evidence).
Sustain (lack of foundation/personal knowledge).
Sustain. (This is not testimony. It is argument.)
Sustain (best evidence).
11:00 AM
Overrule.
Sustain. (This is not testimony. It is argument.)
Sustain (hearsay).
Overrule.
Sustain. (This is not testimony. It is argument.)
Overrule.
Sustain. (This is not testimony. It is argument.)
Overrule.
Overrule.
Sustain. (This is not testimony. It is argument.)
Overrule.
Why was supplemental memorandum filed so late (more than three weeks past due date)? Why wasn't the information specifically requested by the Court included? Is it possible for the Court to actually hear from B&V (or SK Market) what it's position is, rather than being given vague, hearsay assurances as to what it will take to appease SK Market?
Hearing required.
Final Ruling for May 16, 2018:
Court needs evidence concerning (1) the exclusivity provisions of the leases and whether there are any conflicts among the provisions; (2) the anticipated cost of improvements (backup/quotes, etc.); (3) whether the bank will be adequately protected after the use of its cash collateral for this purpose.
Any supplemental filings from the debtor are due May 30, 2018. Any supplemental responses from objecting parties will be due June 4, 2018. Hearing continued to June 6, 2018 at 11:00 a.m.
Tentative Ruling for June 6, 2018:
Court is satisfied with additional information provided, although it is not complete. Grant motion. Approve compromise.
11:00 AM
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
11:00 AM
Docket 38
NONE LISTED -
Is the only response to the motion the debtor's status report? Has the debtor provided evidence that insurance is currently in force? If not, grant motion and convert or dismiss case. What progress has the debtor made on the remaining compliance issues? Hearing required.
Debtor(s):
Golden Vista Construction Inc Represented By Stephen L Burton
11:00 AM
Docket 1
NONE LISTED -
Tentative Ruling for December 6, 2017:
Set deadline for service of notice of bar date and bar date. Court is not likely to approve a sale to an insider without sufficient marketing efforts to locate an independent purchaser or overbidder.
Has the debtor now complied with all of the guidelines of the Office of the United States Trustee? If not, which matters are currently outstanding? This is an operating case. Where is the evidence requested of the debtor's projected income and expenses for the first six months of the case? Hearing required.
12/18/17 -- Court approved order setting bar date of February 3, 2018. (L/D to serve notice of bar date is December 15, 2017.)
2/1/18 -- Court signed scheduling order with following dates: L/D to serve notice of bar date -- December 15, 2017
Bar date -- February 3, 2018
Cont'd status conference -- March 7, 2017 at 11:00 L/D to file updated status report -- February 23, 2018
Tentative Ruling for March 7, 2018:
Discuss with debtor deadlines for filing sale motion and deadline for filing plan
11:00 AM
and disclosure statement.
Tentative Ruling for June 6, 2018:
If the debtor has not been able to locate anyone willing to market the business, the court will want an appraisal in order to be able to evaluate whether consideration offered by insider is appropriate.
Debtor(s):
Golden Vista Construction Inc Represented By Stephen L Burton
Movant(s):
Golden Vista Construction Inc Represented By Stephen L Burton Stephen L Burton
11:00 AM
Inability to provide Reliable Accountings
Diversion of Estate Funds to Personal Accounts
Possible Post-Petition Payments of Monies to Insiders without Court Approval
Docket 88
6/1/18 - Dean G. Rallis Jr., (626) 204-0261, has been approved for telephonic appearance on 6/6/18 @ 11am
6/5/18 - Bryan Avaylon, (818)905-7711, has been approved for telephonic appearance on 6/6/18 @ 11am
Have all funds that were deposited into Mr. Lo's personal account either been used for the benefit of the estate or returned to the DIP accounts?
Hearing rquired.
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
11:00 AM
Use Cash Collateral On An Interim Basis Pending A Final Hearing
Grant Replacement Liens
Set Final Hearing fr. 4-18-18, 5-16-18
Docket 10
6/1/18 - Dean G. Rallis Jr., (626) 204-0261, has been approved for telephonic appearance on 6/6/18 @ 11am
6/5/18 - Bryan Avaylon, (818)905-7711, has been approved for telephonic appearance on 6/6/18 @ 11am
Tentative Ruling for April 18, 2018:
On what does debtor base its projection that monthly revenues will increase by the amounts set forth in the budget from 2017 monthly figure?
Authorize debtor to use cash collateral between now and date of final hearing up to an aggregate amount to be determined at the hearing to the extent absolutely necessary for the purpose of paying operating expenses with regard to the debtor's business in accordance with the budget plus a 10 percent variance. (Debtor may not establish any carveouts during the interim period.) All lenders shall receive replacement lien on post-petition assets, other than avoiding power recoveries, to secure the diminution in value of their prepetition collateral. Post-petition liens shall have the same validity and priority as prepetition liens. Set final hearing date and briefing schedule.
11:00 AM
Final Ruling for April 18, 2018:
Authorize debtor to expend up to a total of $43,000 between petition date and close of business on May 18, 2018 solely to the extent absolutely necessary to pay operating expenses for debtor and in accordance with budget plus a 10 percent variance. Set final hearing for May 16, 2018 at 11:00 a.m. Debtor shall file and serve supplemental papers in support of motion, which should include revised budget and actuals for months of February and March and as much of April as is possible and a comparison of budget to actuals, not later than May 7, 2018. Supplemental oppositions should be due May 14, 2018.
Tentative Ruling for May 16, 2018:
Why does Exhibit 1 show a payment to Alvin Lo in the actual column of
$10,299.38 when the budget shows $5,000 and a payment to Marie Lo of
$2,564.90 when there is no budgeted item? Has insider compensation been approved?
Why does Exhibit 2 have no data for the actual expenses for February, March and April?
How exactly did it happen that the debtor was using Alvin Lo's personal account for approximately 2 and a half weeks? Has the debtor's principal turned over all of the estate's money or are there still funds in the incorrect account?
Hearing required.
Final Ruling for May 16, 2018:
At the hearing held this date, it became clear that the debtor's accountings were incomplete and unreliable. Counsel was not able to determine/explain which of the payments to insiders were paid prepetition and which were paid post-petition, notwithstanding the absence of authority to make such payments. Court also learned that, because the debtor had not obtained check stock for its DIP account, estate funds had been transferred to the debtor's principal who made payments on the estate's behalf. It is unclear
11:00 AM
whether or not any remaining estate assets have been transferred back to the estate.
In light of the foregoing, court refused to authorize the use of additional cash collateral, but did agree to extend the expiration date of the prior cash collateral order and to set a continued hearing on authority to use cash collateral for 10:00 a.m. on May 30, 2018. Court also issued an OSC why a chapter 11 trustee should not be appointed and set a hearing on the OSC for the same date and time as the continued cash collateral hearing.
Oppositions to the OSC are due May 23, 2018. (Court subsequently issued written order to this effect.)
Tentative Ruling for May 30, 2018:
Court has a few questions on Exhibit A to the Avaylon declaration.
Court cannot authorize continued use of cash collateral without any projections. Were any additional projections provided? Court was not able to locate any.
Tentative Ruling for June 6, 2018:
Authorize debtor to use cash collateral in accordance with the budget plus a 20 percent variance for a period of approximately 90 days.
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
11:00 AM
Use Cash Collateral On An Interim Basis Pending A Final Hearing
Grant Replacement Liens
Set Final Hearing
fr. 4-18-18, 5-16-18, 5-30-18
Docket 7
6/5/18 - Bryan Avaylon, (818)905-7711, has been approved for telephonic appearance on 6/6/18 @ 11am
Tentative Ruling for April 18, 2018:
On what does debtor base its projection that monthly revenues will increase by the amounts set forth in the budget from 2017 monthly figure? How does debtor intend to achieve the reduction in salary contemplated by the budget from 2017 figures?
Authorize debtor to use cash collateral between now and date of final hearing up to an aggregate amount to be determined at the hearing to the extent absolutely necessary for the purpose of paying operating expenses with regard to the debtor's business in accordance with the budget plus a 10 percent variance. (Debtor may not establish any carveouts during the interim period.) All lenders shall receive replacement lien on post-petition assets, other than avoiding power recoveries, to secure the diminution in value of their prepetition collateral. Post-petition liens shall have the same validity and priority as prepetition liens. Set final hearing date and briefing schedule.
Final Ruling for April 18, 2018:
11:00 AM
Authorize debtor to expend up to a total of $43,000 between petition date and close of business on May 18, 2018 solely to the extent absolutely necessary to pay operating expenses for debtor and in accordance with budget plus a 10 percent variance. Set final hearing for May 16, 2018 at 11:00 a.m. Debtor shall file and serve supplemental papers in support of motion, which should include revised budget and actuals for months of February and March and as much of April as is possible and a comparison of budget to actuals, not later than May 7, 2018. Supplemental oppositions should be due May 14, 2018.
Tentative Ruling for May 16, 2018: See tentative ruling for matter no. 100.
Final Ruling for May 16, 2018:
At the hearing held this date, it became clear that the debtor's accountings were incomplete and unreliable. Counsel was not able to determine/explain which of the payments to insiders were paid prepetition and which were paid post-petition, notwithstanding the absence of authority to make such payments. Court also learned that, because the debtor had not obtained check stock for its DIP account, estate funds had been transferred to the debtor's principal who made payments on the estate's behalf. It is unclear whether or not any remaining estate assets have been transferred back to the estate.
In light of the foregoing, court refused to authorize the use of additional cash collateral, but did agree to extend the expiration date of the prior cash collateral order and to set a continued hearing on authority to use cash collateral for 10:00 a.m. on May 30, 2018. Court also issued an OSC why a chapter 11 trustee should not be appointed and set a hearing on the OSC for the same date and time as the continued cash collateral hearing.
Oppositions to the OSC are due May 23, 2018. (Court subsequently issued written order to this effect.)
Tentative Ruling for May 30, 2018:
11:00 AM
Court has a few questions on Exhibit A to the Avaylon declaration.
Court cannot authorize continued use of cash collateral without any projections. Were any additional projections provided? Court was not able to locate any.
Tentative Ruling for June 6, 2018:
Authorize debtor to use cash collateral in accordance with the budget plus a 20 percent variance for a period of approximately 90 days.
Debtor(s):
OptometRx Optometry, Inc. Represented By Robert M Yaspan
10:00 AM
Docket 13
NONE LISTED -
Grant motion. Dismiss case. Debtors cannot be permitted to obtain a discharge and benefit from the bankruptcy system if they will not submit to appropriate oversight to ensure that they are not abusing the bankruptcy system.
Debtor(s):
Kenyania Sernue Joseph Pro Se
Joint Debtor(s):
Monique Larae Broadnax Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Docket 18
NONE LISTED -
Grant motion to convert case to chapter 13. It would be abuse to permit the debtor to remain in chapter 7.
Debtor(s):
Summer J Woo Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Docket 25
NONE LISTED -
If court grants debtor's motion to convert to chapter 13, deny motion to dismiss as moot, or perhaps UST would prefer to withdraw motion?
Debtor(s):
Summer J Woo Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Docket 17
NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
KELLY ANN JONES Represented By Kevin J. Moore
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
fr. 3-1-18
Docket 918
NONE LISTED -
Tentative Ruling for March 1, 2018:
Rulings on Movant's Evidentiary Objections;
Evidentiary Objections to Perez Declaration;
Sustain.
Overrule.
Sustain.
Overrule.
Sustain.
Sustain.
Sustain.
Evidentiary Objections to Franck Declaration:
Overrule.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
10:00 AM
Sustain.
Sustain.
Tentative Ruling on Merits:
Court has not previously ruled on whether debtor and its affiliates are or are not alter egos or whether substantive consolidation would be appropriate.
Court is not prepared to summarily adjudicate whether an employee of one of Mr. Hudson's nondebtor restaurants should be treated as an employee of the debtor. Deem motion to be an adversary proceeding for procedural purposes. Give parties an opportunity to conduct discovery. Set status conference in approximately 90 days.
Final Ruling for March 1, 2018:
Court made above evidentiary rulings. Court will prepare order deeming matter to be adversary proceeding for procedural purposes and setting status conference for June 7, 2018 at 10:00 a.m. Parties shall file joint status report 14 days before date of status conference.
Tentative Ruling for June 7, 2018:
Set a deadline for filing pretrial motions, including any motion to compel further discovery, if the claimant believes that the trustee's responses to discovery requests were inadequate.
If the Court understands correctly, claimants contention here is that this estate is liable for his claims against the debtor's affiliates because the affiliates and the debtor were operated as one integrated enterprise -- in other words, because they are alter egos of one another or should be substantively consolidated with one another and not because of some fraudulent conduct that was unique to this claimant that should permit him to rely on the creditworthiness of the debtor. If the court's understanding is correct, there are other parties that must be named in this action. (The court is not going to adjudicate the issue of substantive consolidation unless it would bind all parties to the outcome.) If the claimant wants to proceed with this claim, Herbert Hudson and the other entities that he owns are necessary parties here.
10:00 AM
(Does Mr. Aver have appropriate conflict waivers here? Can he represent both Beesley, one of the largest creditor of this bankruptcy estate, and Perez, who seeks to assert a large claim against this estate, whose claim, if allowed, would significantly extend the time necessary to pay allowed claims under the plan? Would it be in the best interest of creditors of this estate generally to have the nondebtor entities consolidated into the estate?)
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
Docket 969
NONE LISTED -
Evidentiary Objections:
The only set of evidentiary objections the court located was a set of objections to the declaration of Lee Franck. Inasmuch as the Court adopts with the plan proponents' legal argument that there is no authority for the proposition that the plan must contain a reserve for a contingent, unliquidated claim that might be allowed at some point in the future, sustain evidentiary objections on relevancy grounds. Absent a ruling in response to the plan trustee's request to estimate the claim, once the parties have resolved the final amount of the claim, any amounts held in reserve attributable to the allowed portion of the claim will be released and any future distributions will be based on the allowed amount of the claim.
Tentative Ruling on the Merits:
Classes 1 and 9 voted in favor of confirmation by 100 percent in number and dollar amount. Classes 4 and 7 voted to reject confirmation by 100 percent in number and dollar amount. Class 8 voted to reject the plan (50 percent in number and 1.86 percent in dollar amount voted in favor of confirmation; 50 percent in number and 98.14 percent in dollar amount voted to reject). Plan contemplates payment in full of classes 4, 7 and 8 in a stream of payments over time plus interest (unless a claimant elects to accept a smaller lump sum cash payment).
IRS Objection:
Court agrees with plan proponents that there is no requirement that priority tax claims be paid in full on the effective date (even any undisputed portion),
10:00 AM
and it does not appear that there is an undisputed portion. In any event, plan treatment is all that is required -- a stream of payments with interest within a period of 5 years from the petition date. It appears that proposed plan modifications address remainder of objections raised by IRS. (Court agrees that the proposed plan modifications are not adverse to the interests of creditors and/or were already contemplated by the plan and therefore do not require resolicitation).
Beesley Objection:
Feasibility: Court rejects Beesley's contention that the debtor's prepetition performance is relevant here. The parties are well aware that the company was not operated properly prepetition. The case was filed on March 25, 2016. The trustee was appointed by order entered September 28, 2016 and has been operating the debtor's business since that date. The historical post- petition financial information provided by the trustee is the more reliable information and is the data that the court will examine in connection with any feasibility analysis. Beesley may conduct cross-examination on feasibility if he is so inclined.
With regard to the financing Hudson is required to obtain, plan proponents have produced a commitment letter. Hudson's obtaining the required financing is a condition precedent to confirmation. Money needs to be wired by the confirmation date. If the financing does not materialize, the plan will not be confirmed.
Good Faith:
Court rejects Beesley's contention that plan has not been proposed in good faith. The classification scheme is permissible. The code does not require that all similar claims be placed in the same class and in fact requires that creditors with different sets of rights be placed in different classes. Here, the plan proponents have a legitimate business reason for separate classification of the liquidated and unliquidated litigation claims in that they are offering a cash alternative to the holders of unsecured claims. For obvious reasons, a smaller percentage payment is available to the holders of unliquidated/disputed claims than to the holders of liquidated claims.
Moreover, this is not a case in which separate classification is being used to
10:00 AM
obtain an impaired consenting class. Class 1 has voted in favor of confirmation. Therefore, even if classes 7, 8 and 9 had been combined into a single voting class, the plan proponents would have still had the impaired consenting class that they need to request confirmation under section 1129(b).
The plan was negotiated by, and is proposed with the support of, the unsecured creditors committee and has the further support of, or is not opposed by, the chapter 11 trustee. Any contention of improper collusion by any committee members is a vague accusation unsupported by any evidence of improper conduct. There is nothing odd, suspicious or inappropriate about a tolling agreement in which creditors who might otherwise be targets of avoiding power claims agree to toll statutes of limitations related to these claims when a 100 cent plan has been proposed. If a "payment in full" plan is confirmed, there will be no need to prosecute avoiding power claims. And, in this context, there is no danger that any creditor will receive a greater recovery than it deserves. Recall that, when the defendant in an avoiding power action returns a payment or transfer, that defendant is entitled to assert a general unsecured claim for the amount returned to the estate. And since general unsecured claims are to be paid in full under this plan, no creditor will get more by way of payments than the amounts to which it is entitled.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
fr 5-11-16, 6-7-16, 7-21-16, 7-27-16, 9-28-16, 10-18-16, 11-29-16, 12-7-16,
3-8-17, 6-14-17, 7-11-17, 7-26-17, 8-15-17, 10-18-17, 1-10-18, 2-14-18, 3-1-18
Docket 1
NONE LISTED -
Docket reflects service of notice of bar date, which is good, but where is the order actually establishing the bar date that is necessary in a chapter 11 case and that was expressly requested by the Court? When will the debtor be in a position to formulate a chapter 11 plan?
Has the debtor given any additional thought to retaining a responsible officer or other disinterested person?
Hearing required.
6/7/16 -- Court approved order setting following dates: Bar date -- July 15, 2016
L/D to serve notice of bar date -- May 13, 2016 L/D to file plan -- September 30, 2016
Cont'd status conference -- June 7, 2016 at 3:00 p.m.
Tentative Ruling for July 21, 2016:
Where is the case status report that should have been filed by July 8, 2016?
7/20/16 -- At hearing held this date, Court heard status conference, as all parties were present and continued status conference to July 27, 2016 at
10:00 AM
10:00 as a holding date (no status report required for this one status conference). Court will set further continued status conference at that time. OFF CALENDAR FOR JULY 21, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for July 27, 2016:
Continue case status conference to same date as a future hearing in this chapter 11 case, perhaps the date for the hearing on the examiner's report. Set deadline for filing of updated status report.
Tentative Ruling for September 28, 2016:
Discuss with parties disturbing report from examiner and failure to debtor to adequately address in its response many issues raised by the examiner, any one of which taken alone could be sufficient to warrant the appointment of a trustee.
Tentative Ruling for October 19, 2016:
What has transpired since the trustee was appointed? Where does the trustee see this case going? Hearing required.
11/28/16 -- Court approved stipulation continuing hearing to December 7, 2016 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 30, 2016. NO
APPEARANCE REQUIRED.Hearing required.
Tentative Ruling for December 7, 2016:
What is the status of the trustee's administration of this case? Hearing required.
Tentative Ruling for March 8, 2017:
The case status conference does not mention any investigation or analysis by the trustee of any possible substantive consolidation issues. Has the trustee commenced or concluded such an analysis? Does the trustee have a sense
10:00 AM
yet as to whether he is likely to proceed with a sale of the company as distinguished from an internal reorganization? Hearing required.
Tentative Ruling for June 14, 2017:
Continue case status conference to July 11, 2017 at 2:00 p.m. to be held concurrently with trustee's motion for summary judgment in the IP adversary proceeding. Trustee need not file new case status report in connection with that status conference.
APPEARANCES WAIVED ON JUNE 14, 2017.
Tentative Ruling for July 26, 2017:
Revisit status of case after conclusion of hearing on trustee's motion for summary judgment.
Tentative Ruling for August 16, 2017:
Court waived the requirement that the trustee file an updated status report in connection with this status conference and set this date as a holding date.
Are there any upcoming hearings scheduled in this chapter 11 case?
Final Ruling for August 16, 2017:
Continue status conference to October 18, 2017 at 2:00 p.m. Updated status report should be served and filed not later than October 6, 2017.
Tentative Ruling for October 18, 2017:
Continue case status conference to January 10, 2018 at 2:00 p.m.
Disclosure statement should be noticed for same date and time, provided it is filed and served not less than 42 days before this date. Waive requirement of updated status report. APPEARANCES WAIVED ON OCTOBER 18, 2017.
1/9/18 -- Court approved stipulation continuing status conference to February 14, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 10, 2018.
10:00 AM
Tentative Ruling for February 14, 2018:
Continue case status conference to March 1, 2018 at 10:00 a.m. to be heard concurrently with other matters on calendar at that date and time. OFF CALENDAR FOR FEBRUARY 14, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for June 6, 2018:
Revisit status of case after conclusion of hearing on plan confirmation.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
v. Peter Spennato, Jr. DDS, et al.
MOVANT: PEGGY MURPHY fr. 4-10-18
Docket 10
NONE LISTED -
Deny motion. The debtor is not a human. The debtor is a corporate entity. There is no such thing as a 523 action. Movant should simply file proof of claim. If and when trustee files an objection to the claim and an adjudication is required, court will explore whether it makes sense to grant relief from stay to permit litigation to proceed in a nonbankruptcy court.
4/9/18 -- Court approved stipulation continuing hearing to June 12, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 10, 2018.
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Peter Spennato DDS Ortho & Pedo Represented By
David B Golubchik
Movant(s):
Peggy Murphy Represented By Eric V Anderton
10:00 AM
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
10:00 AM
MOVANT: HYUNDAI LEASE TITLING TRUST
Docket 7
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Karina Reza Represented By
Michael E Clark
Movant(s):
Hyundai Lease Titling Trust Represented By Austin P Nagel
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: LOBEL FINANCIAL CORP.
Docket 53
NONE LISTED -
Declaration of counsel is not admissible evidence as to whether debtor needs vehicle to reorganize and whether debtor uses vehicle to commute. Private party value is not the relevant value here. Retail is.
If debtor is prepared to make monthly payments at the contact rate, enter APO requiring debtor to make payments on a going forward basis as a condition to continuation of the automatic stay.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
Movant(s):
Lobel Financial Corp. Represented By Shiao-wen Huang
2:00 PM
Adv#: 2:17-01375 DeBellis et al v. UNITED STATES OF AMERICA on behalf of the
fr. 10-3-17, 1-23-18, 5-8-18
Docket 1
NONE LISTED -
Set discovery cutoff for late April, 2018 and continue status conference to approximately same time frame.
1/24/18 -- Court approved scheduling order setting following dates: L/D to complete discovery -- April 30, 2018
L/D to file pretrial motions -- June 15, 2018
Cont'd status conference -- May 8, 2018 at 2:00 p.m. L/D to file joint status report -- April 24, 2018
4/2/18 -- Court approved stipulation setting following dates: Cont'd status conference -- June 12, 2018 at 2:00 p.m.
Cont'd discovery cutoff -- May 30, 2018
New L/D to file pretrial motions -- July 20, 2018 New L/D to file joint status report -- May 29, 2018
OFF CALENDAR FOR MAY 8, 2018.
5/16/18 -- Court approved stipulation modifying scheduling order in the following respects:
2:00 PM
L/D to complete discovery -- July 31, 2018
L/D to file dispositive motions -- August 24, 2018 Status conference -- August 14, 2018 at 2:00 pm L/D to file joint status report -- July 31, 2018
OFF CALENDAR FOR JUNE 12, 2018.
Debtor(s):
AJ DeBellis Represented By
Mark T Young
Defendant(s):
UNITED STATES OF AMERICA Represented By
Jolene Tanner
State Of California Franchise Represented By Charles Tsai
Joint Debtor(s):
Victoria Collette DeBellis Represented By Mark T Young
Plaintiff(s):
AJ DeBellis Represented By
Mark T Young
Victoria Collette DeBellis Represented By Mark T Young
Trustee(s):
Richard K Diamond (TR) Represented By Ivan L Kallick
10:00 AM
Docket 68
NONE LISTED -
Discuss with debtor why she wants to reaffirm this debt and whether there is any reason to reopen this case.
Debtor(s):
Olga Cordova Represented By
Leroy Bishop Austin
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
fr. 5-30-18
Docket 12
NONE LISTED -
Debtor has now paid final installment. Vacate OSC. Court will prepare order. No appearance required.
Debtor(s):
Phillip Randolph James Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
fr. 2-15-17, 8-30-17, 2-28-18
Docket 1
NONE LISTED -
Court has reviewed reorganized debtor's status report. Continue case status conference to December 12, 2018 at 11:00 a.m. Reorganized debtor should file updated status report accompanied by declaration not later than November 30, , 2018. APPEARANCES WAIVED ON JUNE 13, 2018.
Debtor(s):
Hansen Freightlines Incorporated Represented By
David L. Neale Krikor J Meshefejian
11:00 AM
fr 6-8-16, 9-14-16, 9-20-16, 10-13-16, 11-30-16, 1-11-17, 3-29-17, 5-3-17, 7-5-
17, 12-13-17, 1-10-18
Docket 1
NONE LISTED -
See tentative ruling for matter no. 6.
6/9/16 -- Court signed scheduling order setting following dates: L/D to serve bar date notice -- June 10, 2016
Bar date -- August 15, 2016
Cont'd status conference -- September 14, 2016 at 11:00 a.m. L/D to file updated status report -- September 1, 2016
Tentative Ruling for September 14, 2016:
Continue case status conference to September 20, 2016 at 10:00 a.m. to be heard concurrently with continued hearing on motion for relief from stay.
Tentative Ruling for January 11, 2017:
Revisit status of case after conclusion of hearing on disclosure statement. 3/8/17 -- Court approved stipulation continuing hearing to May 3, 2017 at 2:00
p.m. OFF CALENDAR FOR MARCH 29, 2017.
Tentative Ruling for July 5, 2017:
11:00 AM
If Court continues confirmation hearing, continue status conference to coincide with date of continued confirmation hearing.
Tentative Ruling for December 13, 2017:
According to status report, reorganized debtor is approximately one month behind on plan payments, but arrearage will be cured from commissions that debtor expects to receive from escrow scheduled to close on or about December 22, 2017. Continue status conference to January 10, 2018 at 11:00 a.m. Reorganized debtor should file updated status report not later than January 3, 2018. APPEARANCES WAIVED ON DECEMBER 13, 2017.
Tentative Ruling for January 10, 2018:
Counsel is urged to recall that documents filed less than 14 days prior to a hearing should not be served on the judge's chambers by U.S. Mail. Some more expedited method of delivery is required. (If documents do not arrive in time for them to be included in the package of documents assembled by the judge's staff, the judge herself ends up spending her time printing documents instead of preparing her calendar.)
Court has reviewed debtor's status report. Continue case status conference to June 13, 2018 at 11:00 a.m. Reorganized debtor should file updated status report not later than January 1, 2018 is final decree has not been entered by then. APPEARANCES WAIVED ON JANUARY 10, 2018.
OFF CALENDAR. FINAL DECREE ENTERED.
Debtor(s):
Kevin Deshone Booker Represented By
M Jonathan Hayes
11:00 AM
Docket 1
6/6/18 - Todd Arnold, (310)229-1234, has been approved for telephonic appearance on 6/13/18 @ 11am
8/23/17 -- Court approved stipulation continuing hearing to September 6, 2017 at 10:00 a.m. OFF CALENDAR FOR AUGUST 30, 2017.
Tentative Ruling for September 6, 2017:
Why are these debtors in bankruptcy? They can well afford to pay claims against them. It appears that this case was filed to obtain the benefit of a more favorable forum for the resolution of their disputes with the Keros concerning the enforceability of a prepetition sale agreement. Why can't that dispute simply be resolved in state court? Hearing required.
9/14/17 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- September 15, 2017
Bar date -- November 17, 2017
L/D to file updated status report -- November 22, 2017
Cont'd status conference -- November 29, 2017 at 11:00 a.m.
Tentative Ruling for December 12, 2017:
Revisit status of case after conclusion of related matters on calendar.
Final Ruling for December 12, 2017:
11:00 AM
Continue hearing to March 14, 2018 at 11:00 a.m. Debtor should file updated status report by March 2, but could will waive that requirement if the debtor schedules a hearing on a sale motion concurrently with the continued case status conference.
Tentative Ruling for March 14, 2018:
Continue hearing to March 21, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of compromise with LA Conservancy.
APPEARANCES WAIVED ON MARCH 14, 2018.
Tentative Ruling for March 21, 2018:
Do debtors have any realistic prospect of being able to pay Keros the settlement payment by March 31, 2018? If so, how? Hearing required.
Tentative Ruling for June 13, 2018:
Continue case status conference to June 27, 2018 at 10:00 a.m. so that it may be heard concurrently with new motion for approval of sale. OFF CALENDAR FOR JUNE 13, 2018.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
11:00 AM
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. Has debtor filed motion for authority to use cash collateral? If not, why not? Has debtor been paying expenses in the interim? Debtor has proposed August 15 as the deadline for filing a plan. What has to happen before debtor will be in a position to file a plan? Hearing required.
3/19/18 -- Court signed order setting following dates:
Cont'd status conference -- June 13, 2018 at 11:00 a.m. L/D to serve notice of bar date -- March 21, 2018
Bar date -- May 31, 2018
L/D to file joint status report -- June 5, 2018
L/D to file plan and disclosure statement -- June 29, 2018
Tentative Ruling for June 13, 2018:
Set deadline for debtor to file either objection to claim filed by first trust deed holder or adversary proceeding against first trust deed holder. Continue status conference to date that can be used as date of hearing on disclosure statement.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle J Lindsey
11:00 AM
fr. 4-25-18, 5-30-18
Docket 16
NONE LISTED -
Tentative Ruling for May 30, 2018:
Has the debtor made progress with regard to compliance issues? Hearing required.
Debtor withdrew motion to employ counsel. Does debtor plan to file new employment application soon? Hearing required.
Final Ruling for May 30, 2018:
Continue hearing to June 13, 2018 at 11:00 a.m to give debtor a further opportunity to address compliance issues, including adding debtor as additional insured on auto policy and providing UST with declarations page for comp general liability policy.
Tentative Ruling for June 13, 2018:
What additional progress has been made on compliance issues since the status conference held May 30, 2018?
Debtor(s):
Essence Business Group, Inc. Represented By
11:00 AM
Thomas B Ure
2:00 PM
Docket 38
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Heraclio Lopez Conde Represented By Lauren M Foley
Joint Debtor(s):
Blanca Yolanda Lopez Represented By Lauren M Foley
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
[Fees requested: $32,744.00, Expenses: $1,240.21]
Docket 140
NONE LISTED -
Grant application. Allow on interim basis fees of $32,744 and costs of $1,240.21. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
Docket 88
NONE LISTED -
The Court has a number of concerns with regard to the form of the plan and disclosure statement that will be discussed on the record at the time of hearing on the disclosure statement.
OFF CALENDAR. DEBTOR HAS NOW FILED AMENDED PLAN.
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
2:00 PM
Docket 103
NONE LISTED -
The Court has a number of concerns with regard to the form of the plan and disclosure statement that will be discussed on the record at the time of hearing on the disclosure statement.
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
Movant(s):
Union County Transport Inc. Represented By Michael Jay Berger
2:00 PM
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. Set deadline for filing chapter 11 plan.
11/20/17 -- Court signed scheduling order with following dates: L/D to serve notice of bar date -- November 17, 2017
Bar date -- January 8, 2018
L/D to file updated status report -- February 16, 2018
Cont'd status conference -- February 28, 2018 at 11:00 a.m. L/D to file plan and disclosure statement -- March 31, 2018
Tentative Ruling for February 28, 2018:
Court signed an order authorizing the employment of Jennifer Min Liu as accountant on December 5, 2017. Why has the debtor filed another motion to approve her employment? Is different relief being requested this time?
Hearing required.
Tentative Ruling for June 13, 2018:
Revisit status of case after conclusion of hearing on disclosure statement.
2:00 PM
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
2:00 PM
Docket 1790
6/4/18 – Steven Sacks, (415) 774-2905, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - David Levi, (919)613-7001, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Sander Esserman, (214)354-9945, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Stephen Snyder, (510)507-0355, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Sandra Hernandez, (510)238-1040, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Alan Brayton, (415)797-0002, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Jeanine Donohue, (415)901-8644, has been approved for telephonic appearance on 6/13/18 @ 2pm
Grant.
2:00 PM
Debtor(s):
Jt Thorpe Inc Represented By
Brian L Davidoff Michael H Ahrens Charles J Malaret
2:00 PM
fr. 4-10-02, 7-2-02, 9-4-02, 9-25-02, 10-23-02, 11-13-02, 12-11-02, 4-9-03, 10-8-
03,
2-4-04, 2-11-04, 6-09-04, 9-29-04, 11-17-04, 12-1-04, 12-22-04, 1-26-05, 2-15-
05,
7-14-05, 7-15-05, 7-29-05, 10-26-05, 11-22-05, 12-5-05, 6-20-06, 10-25-06, 10-
17-07, 6-4-08, 6-3-09, 6-9-09, 6-22-10, 6-30-10, 6-29-11, 6-27-12, 6-26-13, 6-4-
14, 6-3-15, 6-8-16, 6-7-17
Docket 21
6/4/18 – Steven Sacks, (415) 774-2905, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - David Levi, (919)613-7001, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Sander Esserman, (214)354-9945, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Stephen Snyder, (510)507-0355, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Sandra Hernandez, (510)238-1040, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Alan Brayton, (415)797-0002, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Jeanine Donohue, (415)901-8644, has been approved for telephonic appearance on 6/13/18 @ 2pm
2:00 PM
Continue this status conference to a date that can serve as date of hearing on next annual report and accounting.
Debtor(s):
Jt Thorpe Inc Represented By
Jeanne | C | Wanlass |
Brian | L | Davidoff |
Michael | H | Ahrens |
Charles | J | Malaret |
2:00 PM
Docket 142
6/4/18 – Steven Sacks, (415) 774-2905, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - David Levi, (919)613-7001, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Sander Esserman, (214)354-9945, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Stephen Snyder, (510)507-0355, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Sandra Hernandez, (510)238-1040, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Alan Brayton, (415)797-0002, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Jeanine Donohue, (415)901-8644, has been approved for telephonic appearance on 6/13/18 @ 2pm
Grant.
Debtor(s):
Pacific Insulation Company Represented By John A Lapinski
2:00 PM
Leslie R Horowitz
2:00 PM
fr. 6-4-14, 6-3-15, 6-8-16, 6-7-17
Docket 1
6/4/18 – Steven Sacks, (415) 774-2905, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - David Levi, (919)613-7001, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Sander Esserman, (214)354-9945, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Stephen Snyder, (510)507-0355, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Sandra Hernandez, (510)238-1040, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Alan Brayton, (415)797-0002, has been approved for telephonic appearance on 6/13/18 @ 2pm
6/11/18 - Jeanine Donohue, (415)901-8644, has been approved for telephonic appearance on 6/13/18 @ 2pm
Continue status conference to a date that can serve as date of hearing on next annual report and accounting.
2:00 PM
Debtor(s):
Pacific Insulation Company Represented By John A Lapinski
Leslie R Horowitz
Movant(s):
Pacific Insulation Company Represented By John A Lapinski
Leslie R Horowitz
10:00 AM
DEBTOR, DANA HOLLISTER 2:18-BK-12429NB
Docket 0
NONE LISTED -
Take appearances on the record in courtroom and then invite parties to chambers for mediation.
Debtor(s):
Dana Hollister Represented By David A Tilem
10:00 AM
Adv#: 2:17-01414 SDRES Partners, LLC, a Delaware limited liability v. Orange Grove Seating,
fr. 11-7-17, 1-31-18, 4-25-18
Docket 16
NONE LISTED -
Tentative Ruling for November 7, 2017:
Dismiss cross-complaint for want of subject matter jurisdiction. To the extent that the Court has jurisdiction over the original action, it would be because it is a core matter that arises under the bankruptcy code, in that it requires an interpretation of section 549 of the bankruptcy code. The cross-complaint, however, does not rely on an interpretation of section 549 and cannot in any sense be characterized as a core action. The cross-complaint is one for breach of contract, specific performance, etc. that arises under state law and do not have any impact on the assets or administration of the bankruptcy estate and is not therefore within the bankruptcy court's related-to jurisdiction. And the issues that it raises will not necessarily be adjudicated by the court in resolving the underlying action and does not arise out of the same set of facts and circumstances (namely, the manner in which the contract was executed, the prior conduct of the debtor, the relationships among the parties).
Final Ruling for November 7, 2018:
Continue hearing to January 310, 2018 at 10:00 a.m. as a holding date. No new briefing. Trail motion with status conference. (Court will adjudicate 549 and 363 issues. If Court decides that contract is not enforceable, rest of matter will be resolved. If contract is enforceable, court should then dismiss cross-complaint for want of jurisdiction.)
10:00 AM
Tentative Ruling for January 31, 2018:
Keep trailing matter with status conference. 2/21/18 -- Court signed order appointing mediators. Tentative Ruling for April 25, 2018:
Continue to trail motion with status conference for reasons set forth in November 7, 2017 tentative ruling.
Tentative Ruling for June 20, 2018:
Revisit status of motion after conclusion of hearing on related matters on calendar.
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra Lisa Lenherr
Defendant(s):
Orange Grove Seating, LLC, a Represented By J Scott Bovitz
BundB Productions, LLC, a Pro Se
Movant(s):
SDRES Partners, LLC, a Delaware Represented By
David S Kupetz Jessica Vogel Steven Werth
Cantor Group, LLC, a California Represented By
David S Kupetz
10:00 AM
Jessica Vogel Steven Werth
SDRES Partners, LLC, a Delaware Pro Se Cantor Group, LLC, a California Pro Se
Plaintiff(s):
SDRES Partners, LLC, a Delaware Represented By
David S Kupetz Jessica Vogel Steven Werth
Cantor Group, LLC, a California Represented By
David S Kupetz Jessica Vogel Steven Werth
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
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Adv#: 2:17-01414 SDRES Partners, LLC, a Delaware limited liability v. Orange Grove Seating,
Docket 49
NONE LISTED -
Court agreed that it had jurisdiction to adjudicate bankruptcy theories only. Court will abstain from adjudicating as between two nondebtors theories that arise solely under nonbankruptcy law. Therefore, court will abstain from adjudicating the argument that the agreements with Orange Grove have been rendered unenforceable because the BundB agreement has been rescinded.
With regard to the 549 argument, the agreements with Orange Grove will be unenforceable if they were outside the ordinary course of business. Although this is a factual question, the facts upon which this decision rests are not in dispute. From 2006 through 2016, the debtor contracted with Sharp to set up grandstands and sell tickets. Post-petition, the debtor entered into a similar agreement with BundB to set up grandstands and sell tickets. Yes, this agreement was for a three-year period, but it was essentially comparable to the agreement with Sharp and, to the extent that this fact is relevant, BundB was not an insider. Were this court being called upon to assess whether the contract between the debtor and BundB was within the ordinary course of the debtor's business (which it is not, as that issue has been mooted by the parties' settlement), the Court might well be inclined to say that the contract between the debtor and BundB was within the ordinary course of business.
However, the contract between the debtor and Orange Grove was another matter entirely.
After executing the contact with BundB, the debtor then sold/assigned its rights under that contract with Orange Grove in exchange for a lump sum payment. (To the extent that it is relevant, Orange Grove is an insider.)
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There is no evidence in the record to suggest that the debtor had ever entered into an assignment of this kind before. Therefore, even if such a contract were ordinary within the relevant industry (and the court has no evidence to support this proposition), it is not within this debtor's ordinary course of business as it was not ordinary for this debtor. Therefore, the assignment to Orange Grove is avoidable under section 549 as it was not approved by this Court.
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra Lisa Lenherr
Defendant(s):
Orange Grove Seating, LLC, a Represented By J Scott Bovitz
BundB Productions, LLC, a Represented By Rosendo Gonzalez
Plaintiff(s):
SDRES Partners, LLC, a Delaware Represented By
David S Kupetz Jessica Vogel Steven Werth
Cantor Group, LLC, a California Represented By
David S Kupetz Jessica Vogel Steven Werth
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
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Adv#: 2:17-01414 SDRES Partners, LLC, a Delaware limited liability v. Orange Grove Seating,
fr. 10-31-17, 11-7-17, 1-31-18, 4-25-18
Docket 1
NONE LISTED -
Set discovery cutoff for late April, 2017. Continue status conference to approximately same time frame. Discuss prospect of mediation with the parties.
2/1/18 -- Court signed order setting following dates:
Cont'd status conference -- April 25, 2018 at 11 L/D to file joint status report -- April 11, 2018 L/D to complete discovery -- April 30, 2018
L/D to complete mediation -- April 25, 2018
L/D to lodge order appointing mediator -- February 20, 2018
2/6/18 -- Court approved stipulation resolving dispute as against BundB and dismissing BundB as defendant.
Tentative Ruling for April 25, 2018:
Discovery cutoff will run on April 30, 2018. According to status report, discovery is complete. Plaintiff believes that it may be possible to resolve this matter by way of summary judgment. Set deadline for filing pretrial motions
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and continue status conference to anticipated date of hearing on such motions.
Tentative Ruling for June 20, 2018:
Revisit status of matter after conclusion of hearing on related matters on calendar.
Debtor(s):
BGM Pasadena, LLC Represented By James A Tiemstra Lisa Lenherr
Defendant(s):
Orange Grove Seating, LLC, a Represented By J Scott Bovitz
BundB Productions, LLC, a Pro Se
Plaintiff(s):
SDRES Partners, LLC, a Delaware Represented By
David S Kupetz Jessica Vogel Steven Werth
Cantor Group, LLC, a California Represented By
David S Kupetz Jessica Vogel Steven Werth
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Mikel R Bistrow
Peter W Bowie
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#4.00 Notice of Motion and Motion for relief from the automatic stay REAL PROPERTY re: property located at 14 Coach Road, Escondido, California 92025
[OST]
Docket 27
NONE LISTED -
Court is not yet persuaded that this is a bad faith filing based solely on the fact of the timing of the transfer and filing. There is a large equity cushion and no history of prior filings. Continue hearing to same date and time as case status conference (July 18, 2018 at 10:00 a.m.), at which point, court will have a more fullsome understanding of whether this debtor is likely to be able to confirm a plan of reorganization within a reasonable period.
Debtor(s):
Arborwood LLC, a California Represented By Dayna C Chillas
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fr. 11-15-17, 11-29-17, 3-14-18, 3-21-18, 5-24-18
Docket 271
NONE LISTED -
10/18/17 -- At hearing held this date, Court continued hearing to November 29, 2017 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for November 29, 2017:
Court agrees with debtor that it did not waive its right to argue that default interest charges are unenforceable under applicable nonbankruptcy law. One cannot agree to pay an unenforceable penalty. None of the release cases cited by EWB are instances in which a debtor was held to have waived or released the right to argue that it should not be required to pay default interest because the obligation to pay that interest was an unenforceable penalty. (Perhaps it would be a different scenario if the debtor were paying off the lender and both sides were agreeing that the amount paid was payment in full and no further amounts would be sought or due in either direction and that agreement included 1542 waivers.) Court is not persuaded by EWB's laches, equitable estoppel or unclean hands arguments.
It is true that debtor bears the ultimate burden of proof in establishing that a liquidated damages provision (here, default interest) is unenforceable, but, absent discovery, a borrower will not have access to any discussions or actions that may have occurred on the lender's side of the transaction that led the lender to impose a particular default interest rate. And, if the lender's responses to discovery do not provide any evidence of prior or contemporaneous efforts on the part of the lender to arrive at a default interest rate that was intended to compensate for the actual anticipated
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damage that would result from a default, a borrower will have carried its burden of proof. See Cal. Bank & Trust v. Shilo Inn Seaside East, LLC, 2012
U.S. Dist. LEXIS 163134.
There is an additional legal issue here: whether, assuming the default interest provision would otherwise have been an unenforceable penalty under nonbankruptcy law, the debtor could waive that defense and render the penalty enforceable in exchange for the lender's forbearance and whether that in fact occurred here. A mere recital of what the lender claims as default interest in the forbearance agreement will not change the enforceability of a penalty provision. And, notably, here, the lender creates new potentially unenforceable penalty provisions in the forbearance agreement itself. In section 2(d) of the agreement, the lender agrees that, if the payments are made in accordance with the new schedule set forth in the forbearance agreement, the lender will forgive the default interest charges. So, once again, the question becomes whether these charges are being threatened/imposed as a penalty to coerce the debtor to perform in a timely manner (in which case they are unenforceable) or whether they represent a reasonable attempt to quantify the actual damages that lender will suffer in the event that payments are made late.
Here, the initial nondefault interest rate was 6.75 percent. The default interest rate increased that rate by 6 percent over the variable index rate. (This was in addition to a late charge equal to 6 percent of each delinquent payment.) Where did these numbers come from? Does this default interest rate represent a reasonable attempt by the lender to quantify its actual damages in the event of a default? Discovery is not yet complete, but does lender believe that it will locate additional relevant documents if discovery is permitted to continue?
Hearing required.
Final Ruling for November 29, 2017:
Continue hearing to March 14, 2018 at 11:00 a.m. Parties should file and serve supplewmental papers simultaneously not later than February 28, 2018. Any experts should be disclosed by January 17, 2018. Disclosure should
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include who the expert is, their contact information and a summary of their anticipated testimony. Hearing will not be an evidentiary hearing.
2/27/18 -- Court approved stipulation continuing hearings to March 21, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 14, 2018.
Tentative Ruling for March 21, 2018:
Under section 1671(b), a liquidated damages provision will be enforceable unless the party challenging that charge proves that the provision was unreasonable under the circumstances existing at the time the parties entered into the agreement. The debtor has argued that the default interest provision, increasing the interest rate by 5 percent, was unreasonable because it is enormous in comparison to the amount of the underlying obligation and is disproportional to any of the bank's anticipated losses, particularly in light of the fact that the bank imposed other fees and charges to account for/reimburse it for any actuallly anticipated damage, including late charges, attorneys' fees, expense reimbursements and exit fees. (Does the bank concede that the actual amount of the exit fees should be $600,000 and not $1.715 million?) The debtor argues further that the bank made no effort to estimate its actual damages and never thought of this as compensation for actual losses. The bank repeatedly referred to the default interest charges as "penalties" and viewed them as such, offering to waive them in forebearance agreements but never offering to waive its actual damages.
The bank's response is, in substance, the default interest rate is reasonable because we say so, because other banks were charging this default rate at the time too and because it is impossible to make any attempt to quantify actual damages. This cannot be sufficient to overcome the arguments advanced by the debtors. "Because we say so" and "everybody's doing it" have never been persuasive arguments. "We just gave up and pulled a number out of the air" isn't much better. The problem with this argument is that it can be used to justify any default interest rate whatsoever. Essentially, the bank's argument collapses down to this rate is reasonable because other lenders typically charge this amount or more.
Nevertheless, as reasonableness is an inherently factual issue, requiring the
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court to weigh the evidence offered by the parties, set evidentiary hearing on issue of reasonableness.
Court agrees that, to the extent that the debtor prevails in preventing the bank from charging default interest, the debtor will be the prevailing party in these claim objections, at least in part, and there will need to be an allocation of fees. The allowance of any attorneys' fees should be tabled until after the court resolves the merits of the default interest dispute and can determine which of the parties is the prevailing party.
Rulings on Evidentiary Objections:
EWB's Objections to Supplemental Galletly Declaration
Overrule. Declaration includes foundation (that declarant negotiated the loans -- see paragrah 20). This may be inconsistent with prior testimony given by declarant, in which case declarant can be impeached on that ground, but the inaccuracy of testimony or the fact that it contradicts other testimony does not make it inadmissible. (Court notes that EWB's own witness, Robert Lo, testifies at paragraph 12 that Galletly was significantly involved in negotiating the terms of the loan. Mr. Lo also testifies that he doesn't remember discussing or whether the parties discussed default interest prior to loan closing. So what is the issue here?)
Debtor's Objections to Declaration of Maita Prout
Sustain (relevance)
Sustain (relevance)
Sustain (relevance)
(Court agrees that Ms. Prout should have been disclosed as a witness earlier, but the matters on which she seeks to testify are irrelevant in any event.)
Debtor's Objections to EWB's Request for Judicial Notice
Sustain objections. EWB is asking the court to take judicial notice not merely of the filing of the documents attached to its RJN, but to the truth of the testimony contained in those declarations or proofs of claim -- that the attached documents are true and correct copies of what the declarant represents they are. Court should not take judicial notice of such matters.
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Debtor's Objections to Declaration of Miriam Galvan
Sustain. Strike Ms. Galvan's declaration. If EWB intended to rely on Ms. Galvan's testimony on the issue of the bank's need to increase its reserves when a loan becomes delinquent, she should have been produced as a witness in response to the deposition notices served.
Debtor's Objections to Declaration of Brian Procel
Overrule.
Overrule.
Overrule.
Overule.
Overrule.
Tentative Rulings for May 23, 2018: Additional Evidentiary Rulings
Docket No. 473, EWB's Objections to Alicia Barclay's Declaration General Objection: Failure to identify declarant as a 30(b)(6) witness.
Overrule, unless EWB asked debtor to identify all persons with knowledge of these topics and Ms. Barclay was omitted from the list. There is no requirement that the debtor use the person most knowledgeable to testify about a particular matter. (The Court notes, however, that it is odd that the debtor would choose someone to testify about a particular matter that is not the person most knowledgeable and that it may be appropriate to draw an inference of some kind from that decision.)
Overrule as to first sentence. As to second sentence, court interprets that sentence as describing what the debtor's belief was at the time. Witness has not laid a sufficient foundation to testify as to the parties' understanding, so sustain objection to the extent that debtor is attempting to testify that the parties had an agreement to this effect.
Sustain. None of this is testimony. It is all legal argument. If she is testifying as to what the documents say, there is a best evidence problem and she has not laid a foundation sufficient to enable her to authenticate any such documents if the documents had been attached.
Sustain as to first sentence for lack of foundation/personal knowledge.
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Overrule as to second sentence that begins with, "However."
Sustain for lack of foundation and hearsay. Witness does not provide sufficient testimony to make business records upon which the summary was based admissible as an exception to the hearsay rule and does not testify as to who prepared the summary.
See ruling on objection no. 4.
Sustain. Lack of foundation.
Sustain. Lack of foundation.
Sustain objection to Exhibit 1 for reasons set forth in ruling on objection no. 4.
Docket No. 472, EWB's Objection to Supplemental Declaration of Greg Galletly
Court has addressed general objections in its rulings on specific objections.
Sustain as to first sentence for relevance. Sustain as to second sentence (best evidence rule), but is this in dispute?
Sustain for lack of foundation.
Sustain for lack of foundation.
Sustain for lack of foundation.
Sustain for lack of foundation.
Sustain for lack of foundation.
Overrule.
Sustain (best evidence rule).
Overrule.
Overrule.
.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
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$2,765,378.98
fr. 11-15-17, 11-29-17, 3-14-18, 3-21-18, 5-24-18
Docket 269
NONE LISTED -
10/18/17 -- At hearing held this date, Court continued hearing to November 29, 2017 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for November 29, 2017:
Rulings on EWB's Evidentiary Objections (to Salvato Declaration):
Sustain. Best Evidence Rule. (This is more in the nature of argument than testimony.)
Same as ruling no. 1.
Same as ruling no. 1.
Overrule.
Sustain.
6-9. Overrule.
See tentative ruling for matter no. 105 with regard to debtor's argument as to the enforceability of default interest. Here, nondefault rate was originally 5 percent over the variable index rate. Default rate increased that rate to 10 percent over the variable index rate.
With regard to claim for attorneys' fees, continue hearing to permit EWB to provide fee statements.
Court is confused with regard to the debtor's offset claim. If the debtor were
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able to establish that the BGM trustee overpaid because some portion of the amounts he paid were for unenforceable claims, how would/why should that result in a reduction in the amount that this debtor owes to EWB on account of some other claim? The BGM trustee has filed a proof of claim for reimbursement of the amounts that it paid EWB. If the trustee should not have paid a portion of these amounts because they were unenforceable, that should serve merely to reduce the amount that the trustee would otherwise be able to recover from this debtor.
2/27/18 -- Court approved stipulation continuing hearings to March 21, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 14, 2018.
Tentative Ruling for March 21, 2018: See tentative ruling for matter no. 103.
Tentative Ruling for May 23, 2018:
See tentative ruling for matter no. 1.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
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Docket 430
NONE LISTED -
Revisit status of confirmation process and briefing schedule after conclusion of evidentiary hearings.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
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fr. 5-31-17, 6-14-17, 8-2-17, 10-4-17, 10-18-17, 11-29-17, 1-31-18, 2-28-18,
5-24-18
Docket 1
NONE LISTED -
5/22/17 -- Court granted motion setting bar date of August 9, 2017. Tentative Ruling for May 31, 2017:
Continue case status conference to date that can serve as date of hearing on disclosure statement, unless debtor plans to commence payments instead of filing plan on 90th day.
Tentative Ruling for June 14, 2017:
Debtor has now filed plan and disclosure statement. Continue case status conference to date of hearing on disclosure statement.
Tentative Ruling for August 2, 2017:
Continue case status conference to date of continued hearing on disclosure statement.
8/31/17 -- Court signed order continuing hearing to October 18, 2017 at 2:00
p.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for May 23, 2018:
Revisit status of case after conclusion of evidentiary hearings.
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Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
MOVANT: U.S. BANK, NA
Docket 43
NONE LISTED -
Deny motion. There is substantial equity in the property -- more than enough to provide adequate protection -- and the trustee plans to administer the asset.
Debtor(s):
Clotrimazole, Inc. Represented By Alan F Broidy
Movant(s):
U.S. BANK NATIONAL Represented By Sean C Ferry
Trustee(s):
Sam S Leslie (TR) Represented By Rosendo Gonzalez
10:00 AM
MOVANT: U.S. BANK TRUST, NA
Docket 28
NONE LISTED -
Grant without waiver of Rule 4001(a)(3). Court does not need to resolve in the context of motion for relief from stay whether movant actually has the right to foreclose under applicable nonbankruptcy law. This proceeding is merely a summary proceeding to ascertain whether cause exists to terminate the stay. Under the standards set forth in section 362, Court is satisfied that the requisite showing has been made. Movant has established a colorable claim. Note was endorsed in blank and there is a series of assignments of the original deed of trust to movant. The argument that securitization of the loan renders anything null and void or unenforceable is not well-founded.
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Myron Hale Pro Se
Movant(s):
U.S. BANK TRUST, N.A., AS Represented By Gilbert R Yabes
Trustee(s):
David M Goodrich (TR) Pro Se
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10:00 AM
VIN# WAUFFAFL7FN025115 MOVANT: VW CREDIT, INC.
Docket 19
6/22/18 – Austin P. Nagel, (925)855-8080 ext. 205, has been approved for telephonic appearance on 6/26/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Raymond Ernest Chagolla Represented By Kian Mottahedeh
Movant(s):
VW Credit, Inc., servicing agent for Represented By
Austin P Nagel
Trustee(s):
Peter J Mastan (TR) Pro Se
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MOVANT: VW CREDIT, INC.
Docket 8
6/22/18 – Austin P. Nagel, (925)855-8080 ext. 205, has been approved for telephonic appearance on 6/26/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Ashley D Moreno Represented By David S Hagen
Movant(s):
VW Credit, Inc., servicing agent for Represented By
Austin P Nagel
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
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MOVANT: BROKER SOLUTIONS, INC.
Docket 12
NONE LISTED -
Grant motion, including waiver of Rule 4001(a)(3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included the transfer of an interest in property without movant's consent and multiple bankruptcy filings affecting this property.
Debtor(s):
Norma Judith Vargas Pro Se
Movant(s):
Broker Solutions, Inc. dba New Represented By
Erin M McCartney
Trustee(s):
Elissa Miller (TR) Pro Se
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MOVANT: MECHANICS BANK, INC.
Docket 8
6/19/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 6/26/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Steven Anthony D'Andrea Represented By David H Chung
Movant(s):
MECHANICS BANK, INC., Represented By Vincent V Frounjian
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: MERCEDES-BENZ FINANCIAL SERVICES USA, LLC.
Docket 105
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Young Keun Park Pro Se
Movant(s):
Mercedes-Benz Financial Services Represented By
Randall P Mroczynski
Trustee(s):
Elissa Miller (TR) Represented By Annie Y Stoops Aram Ordubegian Arent Fox
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MOVANT: JACQUELINE DAVIS
Docket 47
NONE LISTED -
The form of notice that movant filed was not intended to be used by a party filing on another party's behalf. Movant should have filed her own declaration re nonopposition certifying that she had not received any oppositions. These are two different animals.
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Essence Business Group, Inc. Represented By Thomas B Ure
Movant(s):
Jacqueline Davis Represented By Jeffrey M David
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MOVANT: HD VALLEY DEVELOPMENT CORP.
Docket 8
NONE LISTED -
Deny motion as moot. Case has been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Felipe Cardenas Jr Pro Se
Movant(s):
HD VAlley Development Corp Represented By Helen G Long
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:16-01010 Moladina v. Naimi
fr. 3-8-16, 5-3-16, 6-28-16, 8-9-16, 11-29-16, 3-28-17, 10-3-17, 1-30-18, 2-13-18
Docket 1
6/15/18 - Michael Berger, (310)271-6223 x 450, has been approved for telephonic appearance on 6/26/18 @ 2pm
Set deadline for defendant to respond to amended complaint. Should court hold this action in abeyance while plaintiff prosecutes action under section 727? Hearing required.
8/9/16 -- Defendant consented on record at status conference to entry of final orders once court explained significance of question. Court directed defendant to lodge scheduling order that included court's ruling that paragraphs 9, 15, 24 and all but the first sentence of paragraph 23 of the fourth amended complaint are stricken. Defendant should so state in its answer to complaint and need not respond to allegations contained in stricken portions of complaint. 8/10/16 -- Court signed scheduling order to this effect.
Tentative Ruling for November 29, 2016:
This is a dischargeability proceeding. Plaintiff's consent to entry of a final judgment is not required. The bankruptcy court has jurisdiction to enter a final order in this type of action.
Set discovery cutoff for late March, 2017. Continue status conference for
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approximately 90 to 120 days. Order parties to complete a day of mediation prior to date of continued status conference.
12/20/16 -- Court approved order appointing mediators.
Tentative Ruling for March 28, 2017:
Plaintiff does not consent to entry of a final order by bankruptcy court, but this is a 523 action. Court already has authority to enter a final order and any lack of consent from the parties is irrelevant.
Plaintiff reports that he is ready to proceed to trial, but, now that there is a state court judgment, is this an appropriate matter for a motion for summary judgment on collateral estoppel basis?
Hearing required.
Tentative Ruling for October 3, 2017:
Do the parties have any more information about timing with regard to the state court appeal? The parties report that discovery is now complete. Is there anything that can be accomplished in this adversary proceeding while the state court appeal is pending?
Tentative Ruling for January 30, 2018:
Continue hearing to February 13, 2018 at 2:00 p.m. to be heard concurrently with plaintiff's motion for summary judgment scheduled for hearing that date.
Tentative Ruling for May 8, 2018:
Revisit status of action after conclusion of hearing on matter no. 214. Tentative Ruling for June 26, 2018:
Motion for summary adjudication was granted in part. Will remaining claims be dismissed? Judgment itself needs to be entered.
2:00 PM
Debtor(s):
Soheil Naimi Represented By
Michael Jay Berger
Defendant(s):
Soheil Naimi Represented By
Michael Jay Berger
Plaintiff(s):
Abdul Moladina Represented By Eric C Morris
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:17-01145 Bleau Fox, a P.L.C. v. Mereshian
fr. 1-23-18
Docket 1
NONE LISTED -
Have the parties completed discovery in this matter? If not, how long will the parties need to complete discovery? Hearing required.
6/12/18 -- Court approved stipulation re dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Sara Ani Mereshian Represented By Leon Nazaretian
Defendant(s):
Sara Ani Mereshian Represented By Leon Nazaretian
Plaintiff(s):
Bleau Fox, a P.L.C. Represented By Thomas P Bleau Troy M Mueller
2:00 PM
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Adv#: 2:17-01384 McKenzie v. Bustamante
fr. 10-17-17, 1-30-18, 3-20-18, 5-8-18, 6-5-18
Docket 1
NONE LISTED -
Set discovery cutoff for February 1, 2018. Continue status conference to approximately same time frame. Order parties to complete a day of mediation prior to date of continued status conference.
10/20/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018
L/D to lodge order appointing mediator and alternate mediator -- 11/17/17 L/D to complete mediation -- January 30, 2018
Tentative Ruling for January 30, 2018:
The titles on the status reports were a bit confusing. Court assumes that parties have now both signed off on the report most recently filed January 17, 2018 as docket no. 14?
Case was closed without a discharge in October of 2017 based upon the debtor's failure to file a certificate evidencing the completion of a credit counseling course. This situation is easily remedied with the filing of a form
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motion to reopen to permit the filing of the credit counseling certificate. Parties should have proceeded with mediation.
Does debtor intend to file such a motion? If not, why not? Hearing required.
3/6/18 -- Court signed order appointing mediators. Tentative Ruling for March 20, 2018:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order with dates set at prior status conference. (Cont'd status conference -- March 20, 2018 at 2:00 p.m.; L/D to file updated status report -- March 6, 2018; Extended deadline for completion of mediation -- March 20, 2018; L/D to lodge order appointing mediators -- February 16, 2018). Court signed order appointing mediators, but never received scheduling order.
Did the parties completed the mediation scheduled for March 15? Hearing required.
Tentative Ruling for May 8, 2018:
Mediator has filed certificate of completion, reflecting that mediation was conducted but that matter did not settle. Impose sanctions on the parties for failing to lodge joint pretrial order in a timely manner. Parties filed pretrial stipulation and lodged order approving it on April 30. This is late and is not the procedure that Judge Bluebond requires.
Tentative Ruling for June 5, 2018:
Court has received plaintiff's unilateral pretrial order, but where is the accompanying declaration required by LBR 7016-1(e)? Discuss with parties the status of the state court action and the interaction between that lawsuit and this one. Hearing required.
Tentative Ruling for June 26, 2018:
2:00 PM
Declaration from plaintiff's counsel adequately details efforts made by plaintiff's counsel to obtain input from defendant's counsel. Court is prepared to sign the latest proposed pretrial lodged (order #5761513), subject to the following modifications:
Delete paragraphs 4 and 5 on page 5. There is no affirmative recovery here. There is no counterclaim asserted. Defendant can defend against plaintiff's allegations in an effort to avoid entry of judgment, but these vague assertions of some allegedly false representations are not sufficient to state a claim for damages that could serve as an offset nor to overcome nondischargeable liability for plaintiff's damages if plaintiff can prove the claims he alleges. Two wrongs don't make a right. Recording a deed that you were not supposed to record and encumbering property that doesn't belong to you is not a form of self-help that one can use if one is upset about having purchased property in reliance on what proved to be false representations about how much it would cost to start up your business. And nothing contained in either the answer to complaint or the pretrial order provides the level of detail necessary to state a claim for fraudulent misrepresentations. Defendant had his opportunity to attempt to state such a claim by way of offset and has failed to do so.
Delete paragraph 15 on pages 6 through 7 for the same reason.
Remove the "ed" at the end of the words, "remained" and "reflected" on page 6 at lines 1 and 16.
Delete paragraph 4 on page 7 for the reasons set forth in paragraph 1 above.
Add the following required recitation: “The foregoing admissions have been made by the parties, and the parties have specified the foregoing issues of fact and law remaining to be litigated. Therefore, this order supersedes the pleadings and governs the course of trial of this cause, unless modified to prevent manifest injustice.”
2:00 PM
Debtor(s):
Anthony Bustamante Represented By Dana M Douglas
Defendant(s):
Anthony Bustamante Represented By Dana M Douglas
Plaintiff(s):
Gary McKenzie Represented By Ronald D Tym
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:17-01322 Ningbo Kuangfeng International Trade Co., LTD., a v. Chunming LI
#203.00 Status Conference re: 41 (Objection / revocation of discharge - 727(c),(d),(e)))
(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) ,(66 (Dischargeability - 523(a)(1),(14),(14A) priority tax claims)) ,(14 (Recovery of money/property - other)) Complaint by Ningbo Kuangfeng International Trade Co., LTD., a Chinese Corporation , Ningbo Yongjit International Co., LTD., a Chinese Corporation , Ningbo ETDZ Huixing Trade Co., LTD., a Chinese Corporation against Chunming LI
fr. 8-15-17, 10-3-17, 12-19-17, 2-27-18
Docket 1
10/23/17 - Amended Second Complaint filed.
6/4/18 – Maria W. Tam, (626) 281-9353, has been approved for telephonic appearance on 6/26/18 @ 2pm
8/1/17 -- Court approved stipulation permitting plaintiff to file amended complaint and continuing status conference to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 15, 2017. NO APPEARANCE REQUIRED.
Revisit status of case after conclusion of hearing on motion to dismiss.
Tentative Ruling for December 19, 2017:
Second amended complaint and answer have been filed. No motion to dismiss was filed. How long do the parties anticipate that they will require to conduct discovery? Hearing required.
Tentative Ruling for February 27, 2018:
Do the parties still anticipate that the state court trial will proceed on May 23? Hearing required.
2:00 PM
Tentative Ruling for June 26, 2018:
Continue hearing to October 2, 2018 at 2:00 p.m. Parties should file joint status report two weeks prior to continued status conference. Waive appearances on June 26, 2018.
Debtor(s):
Chunming Li Represented By
Maria W Tam
Defendant(s):
Chunming LI Represented By
Maria W Tam
Plaintiff(s):
Ningbo Kuangfeng International Represented By
Peiwen Chang Maria W Tam
Ningbo Yongjie International Co., Represented By
Peiwen Chang Maria W Tam
Ningbo ETDZ Huixing Trade Co., Represented By
Peiwen Chang Maria W Tam
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:18-01016 Kanowski v. Walker et al
Christopher Douglas Walker fr. 3-20-18
Docket 1
NONE LISTED -
Parties have both requested mediation. Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
3/22/18 -- Court approved scheduling order with following dates: Cont'd status conference -- June 26, 2018 at 2:00 p.m.
L/D to file joint status report -- June 12, 2018
L/D to file order appointing mediator -- April 9, 2018 L/D to complete mediation -- June 26, 2018
4/9/18 -- Court signed order appointing mediators.
Tentative Ruling for September 26, 2018:
Discuss with parties whether this matter has, or has not, been settled.
Debtor(s):
Christopher Douglas Walker Represented By Raymond J Bulaon
2:00 PM
Defendant(s):
Laura Ann Walker Represented By Barry R Wegman
Christopher Douglas Walker Represented By Barry R Wegman
Joint Debtor(s):
Laura Ann Walker Represented By Raymond J Bulaon
Plaintiff(s):
Michelle Kanowski Represented By Michael Y Lo Kelvin J Lo
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:18-01044 Avery v. Rivera
Complaint by Wesley H. Avery against Jaime Rivera fr. 4-24-18
Docket 1
NONE LISTED -
Continue status conference to June 26, 2018 at 2:00 p.m. to give court an opportunity to process motion to convert to chapter 13. APPEARANCES WAIVED ON APRIL 24, 2018.
4/23/18 -- Court approved stipulation vacating default. Tentative Ruling for June 26, 2018:
Underlying bankruptcy case has been converted to chapter 13 and assigned to Judge Bason. Adversaries will be transferred as well. Parties should contact Judge Bason's chambers for further information concerning any upcoming hearing dates.
Debtor(s):
Jaime Rivera Represented By
David H Chung
Defendant(s):
Jaime Rivera Pro Se
2:00 PM
Plaintiff(s):
Wesley H. Avery Represented By Richard A Marshack Chad V Haes
D Edward Hays
Trustee(s):
Kathy A Dockery (TR) Pro Se
2:00 PM
Adv#: 2:18-01045 Avery v. Rivera aka Jaime Rivera, Jr. et al
Jaime Rivera, Victorina Rivera fr. 4-24-18
Docket 1
NONE LISTED -
Continue status conference to June 26, 2018 at 2:00 p.m. to give court an opportunity to process motion to convert to chapter 13. APPEARANCES WAIVED ON APRIL 24, 2018.
Tentative Ruling for June 26, 2018:
Underlying bankruptcy case has been converted to chapter 13 and assigned to Judge Bason. Adversaries will be transferred as well. Parties should contact Judge Bason's chambers for further information concerning any upcoming hearing dates.
Debtor(s):
Jaime Rivera Represented By
David H Chung
Defendant(s):
Jaime Rivera aka Jaime Rivera, Jr. Pro Se Jaime Rivera Pro Se
2:00 PM
Victorina Rivera Pro Se
Plaintiff(s):
Wesley H. Avery Represented By
D Edward Hays Chad V Haes
Trustee(s):
Kathy A Dockery (TR) Pro Se
2:00 PM
Adv#: 2:18-01102 Los Angeles Federal Credit Union v. Atighi
Docket 1
NONE LISTED -
6/7/18 -- Court approved stipulated judgment resolving matter. OFF CALENDAR.
Debtor(s):
Noor Sara Atighi Represented By Nicholas M Wajda
Defendant(s):
Noor Sara Atighi Pro Se
Plaintiff(s):
Los Angeles Federal Credit Union Represented By
Alana B Anaya
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Adv#: 2:18-01072 Groomes-Love v. WELLS FARGO BANK, N.A.
fr. 5-15-18
Docket 1
NONE LISTED -
4/23/18 -- Court approved stipulation continuing hearing to June 26, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 15, 2018. NO APPEARANCE REQUIRED.
5/15/18 -- Court approved stipulation extending deadline to respond to complaint to June 15, 2018 and continuing status conference to July 31, 2018
at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Debtor(s):
Philis Groomes-Love Represented By Philip D Dapeer
Defendant(s):
WELLS FARGO BANK, N.A. Represented By Dean G Rallis Jr
Plaintiff(s):
Philis Groomes-Love Represented By Philip D Dapeer
2:00 PM
Adv#: 2:18-01110 Arroyo Vision Care, LLC v. PA Investment Fund, LLC et al
Docket 1
NONE LISTED -
5/16/18 -- Court approved stipulation extending deadline to respond to complaint to June 4, 2018.
5/30/18 -- Court approved stipulation extending plaintiff's deadline to file amended complaint to June 15, 2018 and defendant's deadline to respond to complaint to July 9, 2018. Status conference continued to August 14, 2018 at
2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro Matthew Grimshaw
Defendant(s):
PA Investment Fund, LLC Represented By Saul Reiss
Mehran Farhadi Pro Se
Joseph Ghadir Pro Se
Raymond Aver Pro Se
2:00 PM
Plaintiff(s):
Arroyo Vision Care, LLC Represented By Matthew Grimshaw Chad V Haes
Trustee(s):
Elissa Miller (TR) Represented By David M Goodrich Asa S Hami Daniel A Lev
2:00 PM
Adv#: 2:18-01109 Lite Solar Corp. v. Slinde & Nelson, LLC et al
Docket 1
NONE LISTED -
6/12/18 -- Court approved stipulation continuing status conference to August 7, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Slinde & Nelson, LLC Represented By David L. Neale
Darian A. Stanford Pro Se
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
2:00 PM
Adv#: 2:18-01127 LB Global, Inc v. Park
Docket 1
NONE LISTED -
Docket reflects issuance of alias summons, but does not show return of summons. Was summons ever served? If not, why not?
Debtor(s):
Young Keun Park Pro Se
Defendant(s):
Young Keun Park Pro Se
Plaintiff(s):
LB Global, Inc Represented By Martin R Berman
Trustee(s):
Elissa Miller (TR) Represented By Annie Y Stoops Aram Ordubegian Arent Fox
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
Docket 101
NONE LISTED -
6/22/18 -- Court signed order approving stipulation continuing hearing to July 17, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth
Alexandre Oh Represented By
Andrew Edward Smyth
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
2:00 PM
Chonghee Jane Kim Represented By
Andrew Edward Smyth
Movant(s):
Benjamin Hooshim Represented By
Andrew Edward Smyth
Alexandre Oh Represented By
Andrew Edward Smyth
Chonghee Jane Kim Represented By
Andrew Edward Smyth
Plaintiff(s):
Edward M Wolkowitz Represented By Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
fr. 7-25-17, 11-14-17, 11-28-17, 1-9-18, 4-3-18, 4-11-18
Docket 1
6/27/17 - Request for entry of default against Julie Taberdo 6/27/17 - Request for entry of default against Lynn Wolcott
6/27/17 - Request for entry of default against TD Foreclosure Services, Inc.
Defaults have been entered as against Lynn Wolcott, Julie Taberdo and TD Foreclosure Services.
The trustee is of the opinion that there are legal issues that can be resolved through a motion for partial summary adjudication. Set deadline for the filing of such motions and continue status conference to a date that can serve as a date for hearing on those motions.
9/20/17 -- Court approved scheduling order continuing status conference to November 14, 2017 at 2:00 p.m., ordering parties to file a joint status report not later than Octoer 31, 2017, ordering trustee to file and serve his motion for partial summary judgment against GB Inland Properties not later than September 26, 2017 and set it for hearing on November 14, 2017 at 2:00
2:00 PM
p.m. and directing that any motion to vacate a default be filed not later than September 26, 2017 and set for hearing on or before November 14, 2017 at 2:00 p.m.
Tentative Ruling for November 14, 2017:
Why didn't the trustee comply with the court's directive to file his motion for partial summary judgment in time to have it heard on November 14, 2017? That motion is currently set for November 28, 2017.
Revisit status of action after conclusion of related matter on calendar. Tentative Ruling for November 28, 2017:
Revisit status of action after conclusion of related matter on calendar.
Tentative Ruling for January 9, 2018:
Set deadline for filing amended complaint and deadline for filing response to complaint.
Tentative Ruling for April 11, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
6/22/18 -- Court signed order approving stipulation continuing hearing to July 17, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
2:00 PM
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth
Alexandre Oh Represented By
Andrew Edward Smyth
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
Andrew Edward Smyth
Plaintiff(s):
Edward M Wolkowitz Represented By Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
Docket 50
NONE LISTED -
[Tentative Ruling Withheld]
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Tentative Ruling for April 3, 2018:
What, if any, progress has been made with regard to settlements? Are the parties ready to proceed to hearing on this motion?
4/2/18 -- Court approved stipulation continuing hearing to May 8, 2018 at 2:00
p.m. OFF CALENDAR FOR APRIL 3, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for May 8, 2018:
Court has prepared a tentative ruling that has been withheld. What is the status of this matter? Are the parties ready to proceed to a hearing on this motion?
5/7/18 -- Court approved stipulation continuing hearing to June 26, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 8, 2018. NO APPEARANCE REQUIRED.
2:00 PM
6/22/18 -- Court signed order approving stipulation continuing hearing to August 14, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Movant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
fr. 8-1-17, 8-29-17, 10-3-17, 3-6-18, 3-20-18, 4-3-18, 5-8-18
Docket 1
NONE LISTED -
6/26/17 -- Court approved stipulation continuing defendant's response date to August 4, 2017 and continuing status conference to August 29, 2017 at 2:00
p.m. OFF CALENDAR FOR AUGUST 1, 2017.
8/22/17 -- Court approved stipulation continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 29, 2017.
Tentative Ruling for January 30, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Tentative Ruling for April 3, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss. 4/2/18 -- Court approved stipulation continuing hearing to May 8, 2018 at 2:00
p.m. OFF CALENDAR FOR APRIL 3, 2018. NO APPEARANCE REQUIRED.
2:00 PM
Tentative Ruling for May 8, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
5/7/18 -- Court approved stipulation continuing hearing to June 26, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 8, 2018. NO APPEARANCE REQUIRED.
6/22/18 -- Court signed order approving stipulation continuing hearing to August 14, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:17-01522 Jeffrey J. Bitetti, individually and as Trustee of v. Bren
Docket 10
NONE LISTED -
Although the Court shares plaintiff's view that the language of the stipulated judgment is sufficient to make the allegations of the state court complaint into the legal equivalent of findings of fact and conclusions of law and that the stipulated judgment should be treated as if each and every cause of action had been litigated on the merits, alter ego liability is insufficient to give rise to nondischargeable liability. (Court also agrees that there is no problem with a prepetition waiver of anything here. Debtors can stipulate to facts that will give rise to nondischargeable liability.)
Are there sufficient allegations in the complaint as to what debtor himself personally did (and not his alter ego Bacchus) to give rise to nondischargeable liability under the various theories of section 523? If not, or if it is not entirely clear, court will need to deny summary judgment and adjudicate these issues.
It appears from the Court's review that the only cause of action in which the debtor himself is described as the actor who personally committed the wrongful conduct is the claim for actual fraud fraudulent transfer. It is true that the Husky case held that, in an instance in which the transferor can be held liable under applicable nonbankruptcy law for an actual fraud fraudulent transfer, that liability may be nondischargeable under section 523(a)(2)(A), but, here, there is no applicable statute that imposes liability on the transferor. Debtor would only have liability under this theory to the extent that he is also a transferee of the property in question. The complaint alleges generally in paragraph 54 that Bren and the DOE Directors approved the transactions and transferred assets of Bacchus to Bren, the DOE Directors and the other DOE
2:00 PM
Defendants, but there are no specific findings as to the amount or value of any of the assets that Bren himself received. And the amount of any recovery against Bren under this theory would be capped at the value of the assets that Bren received (or the amount that the plaintiff could have recovered but for the transfers to Bren). There are no findings that address this issue.
Deny motion. (Court will not permit defendant to relitigate anything that is actually alleged in the state court complaint, as these are now the equivalent of findings, but there are gaps in the information that the court needs to know how much nondischargeable liability to impose on defendant.)
Debtor(s):
Steven M Bren Represented By Robert S Altagen
Defendant(s):
Steven M. Bren Represented By Robert S Altagen
Movant(s):
Jeffrey J. Bitetti, individually and as Represented By
Roger F Friedman
Plaintiff(s):
Jeffrey J. Bitetti, individually and as Represented By
Roger F Friedman
Trustee(s):
Howard M Ehrenberg (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Adv#: 2:17-01522 Jeffrey J. Bitetti, individually and as Trustee of v. Bren
fr. 1-9-18, 4-10-18
Docket 1
NONE LISTED -
Revisit status of action after conclusion of hearing on motion for summary judgment.
Debtor(s):
Steven M Bren Represented By Robert S Altagen
Defendant(s):
Steven M. Bren Represented By Robert S Altagen
Plaintiff(s):
Jeffrey J. Bitetti, individually and as Represented By
Roger F Friedman
Trustee(s):
Howard M Ehrenberg (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Adv#: 2:18-01012 USC Credit Union v. Baldizon
Docket 12
NONE LISTED -
There is no presumption of nondischargeability under section 523(a)(2)(A) and neither of the presumptions in section 523(a)(C) apply. There is no showing that the loan was taken out for the purpose of acquiring luxury goods or that this was a cash advance. The movant has provided no evidence to support the contention that he had no ability or intent to repay the loan when it was taken out. The sum total of the facts alleged here is that the debtor took out a loan for $3,700 41 days before the bankruptcy and didn't make any payments. There is no discussion of what the debtor's monthly income and expenses were to demonstrate that the debtor must have known he couldn't repay the loan. There is no mention of when the first payment on the loan would have been due. Was the debtor even obligated to make any payments before the petition was filed? What else was going on in the debtor's life at the time? Was this petition filed on an emergency basis?
In short, the plaintiff has failed to carry its burden of proof in this motion. Either deny motion or, if movant prefers, continue hearing to give movant an opportunity to supplement the record with additional evidence.
Debtor(s):
Adam M Baldizon Pro Se
Defendant(s):
Adam M Baldizon Pro Se
2:00 PM
Movant(s):
USC Credit Union Represented By
Bruce P. Needleman
Plaintiff(s):
USC Credit Union Represented By
Bruce P. Needleman
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:18-01012 USC Credit Union v. Baldizon
fr. 3-13-18, 4-10-18
Docket 1
2/20/18 - Request for entry of default entered.
Continue status conference to April 10, 2018 at 2:00 p.m. to be heard concurrently with motion for default judgment. APPEARANCES WAIVED ON MARCH 13, 2018.
Tentative Ruling for April 10, 2018:
If Court grants motion for default judgment, take status conference off calendar. If Court does not grant motion for default judgment, continue status conference to coincide with date of continued hearing on default judgment motion.
6/5/18 -- Court approved plaintiff's request for voluntary dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Adam M Baldizon Pro Se
Defendant(s):
Adam M Baldizon Pro Se
Plaintiff(s):
USC Credit Union Represented By
2:00 PM
Trustee(s):
Bruce P. Needleman
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:18-01126 Quesada v. Metlife Home Loans et al
Docket 3
6/25/18 - Joseph Buchman, (213) 236-2872, has been approved for telephonic appearance on 6/26/18 @ 2pm.
Grant. These claims all arose prepetition and are assets of the debtor's bankruptcy estate. Only the chapter 7 trustee currently has standing to prosecute these claims. Dismiss entire action as against all defendants without prejudice.
Debtor(s):
Stacey Lynette Quesada Pro Se
Defendant(s):
Metlife Home Loans Represented By Gregory K Jones
Mortgage Electronic Registration Represented By
Gregory K Jones
JP MorganChase Bank, National Represented By
Gregory K Jones
MTC Financial INC Pro Se Magnum Property Investments LLC Represented By
Lane M Nussbaum
MTC Financial Inc. dba Trustee Represented By Joseph P Buchman
2:00 PM
Movant(s):
JP MorganChase Bank, National Represented By
Gregory K Jones
Plaintiff(s):
Stacey Lynette Quesada Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:18-01126 Quesada v. Metlife Home Loans et al
Docket 9
6/25/18 - Joseph Buchman, (213) 236-2872, has been approved for telephonic appearance on 6/26/18 @ 2pm.
Court rejects defendant's jurisdictional arguments. Precisely because the claims asserted are assets of debtor's bankruptcy estate, the Court has jurisdiction to determine these claims. Debtor claims that the foreclosure was invalid and that debtor still retains title to the property at 8230 Lankin Street. She has scheduled this house as an asset. Whether or not the house remains property of the bankruptcy estate (because the foreclosure is invalid) is an issue that is not only within the court's core jurisdiction, it is within this court's exclusive jurisdiction to determine what is, and is not, property of the estate. The remainder of the debtor's claims are within the court's related to jurisdiction and have an effect on the estate because any recoveries generated would enure to the benefit of the estate.
However, as the Court has noted in its tentative ruling for matter no. 220, the debtor lacks standing to prosecute this action and it must therefore be dismissed as against all defendants. Therefore, this motion should be denied as moot and the court is not inclined to reach the merits of the various other arguments advanced by movant.
Debtor(s):
Stacey Lynette Quesada Pro Se
Defendant(s):
MTC Financial Inc. dba Trustee Represented By
2:00 PM
Joseph P Buchman
Metlife Home Loans Represented By Gregory K Jones
Mortgage Electronic Registration Represented By
Gregory K Jones
JP MorganChase Bank, National Represented By
Gregory K Jones
MTC Financial INC Pro Se Magnum Property Investments LLC Represented By
Lane M Nussbaum
Movant(s):
MTC Financial Inc. dba Trustee Represented By Joseph P Buchman
Plaintiff(s):
Stacey Lynette Quesada Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:18-01126 Quesada v. Metlife Home Loans et al
Docket 16
6/25/18 - Joseph Buchman, (213) 236-2872, has been approved for telephonic appearance on 6/26/18 @ 2pm.
Court agrees that movant would be entitled to a more definite statement if this matter were to proceed, but, for the reasons set forth in the court's tentative ruling for matter no. 220, this action must be dismissed in its entirety as against all defendants for lack of standing. As a result, deny this motion as moot.
Debtor(s):
Stacey Lynette Quesada Pro Se
Defendant(s):
MTC Financial Inc. dba Trustee Represented By Joseph P Buchman
Metlife Home Loans Represented By Gregory K Jones
Mortgage Electronic Registration Represented By
Gregory K Jones
JP MorganChase Bank, National Represented By
Gregory K Jones
MTC Financial INC Pro Se Magnum Property Investments LLC Represented By
2:00 PM
Movant(s):
Lane M Nussbaum
Magnum Property Investments LLC Represented By
Lane M Nussbaum
Plaintiff(s):
Stacey Lynette Quesada Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:18-01126 Quesada v. Metlife Home Loans et al
, Mortgage Electronic Registration System, INC , JP MorganChase Bank, National Assocation , MTC Financial INC , Magnum Property Investments LLC.
Docket 1
6/25/18 - Joseph Buchman, (213) 236-2872, has been approved for telephonic appearance on 6/26/18 @ 2pm.
If court grants motion to dismiss, take status conference off calendar.
Debtor(s):
Stacey Lynette Quesada Pro Se
Defendant(s):
Metlife Home Loans Represented By Gregory K Jones
Mortgage Electronic Registration Represented By
Gregory K Jones
JP MorganChase Bank, National Represented By
Gregory K Jones
MTC Financial INC Pro Se Magnum Property Investments LLC Represented By
Lane M Nussbaum
MTC Financial Inc. dba Trustee Represented By
2:00 PM
Joseph P Buchman
Plaintiff(s):
Stacey Lynette Quesada Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Docket 3
NONE LISTED -
Petitioner's fear of a foreclosure is not a sufficient basis for the court to overlook the eligibility requirements for filing an involuntary petition. The code does not give a junior lienholder the authority to commence an involuntary case on his own. Dismiss case.
Debtor(s):
Beulah Martin Pro Se
10:00 AM
Docket 8
NONE LISTED -
Hearing required.
Debtor(s):
Billy Redd Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
- expired on 2/19/18
Docket 8
NONE LISTED -
Vacate OSC. Debtor has now filed correct documents. OFF CALENDAR. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Teresita Ayudante Aranas Represented By Raymond J Bulaon
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 9
NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Jorge Adalberto Magana Represented By A Mina Tran
Movant(s):
TOYOTA MOTOR CREDIT Represented By Julian T Cotton
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Claim No. Claimant:
1-1 United Parcel Service
29-1 Publiship Logistics, Inc.
Docket 417
NONE LISTED -
Grant motion. Reclassify claims nos. 1 and 29-1 as general unsecured claims.
Debtor(s):
Diamond Decisions Inc Represented By Alan G Tippie
Howard Grobstein
Trustee(s):
HOWARD Grobstein Represented By David B Golubchik
Anthony A Friedman
Levene Neale Bender Rankin & Brill LLP Lindsey L Smith
10:00 AM
Docket 326
6/15/18 - Kyra Andrassy, (714)445-1000, has been approved for telephonic appearance on 6/27/18 @ 10am
Grant motion. Sustain objection. Disallow claim 11-1 in its entirety.
Debtor(s):
Rajendra Mehta Represented By Shai S Oved Jay M Spillane
Trustee(s):
Heide Kurtz (TR) Represented By Kyra E Andrassy
10:00 AM
Greenlawn Water District, and Town of Huntington, New York fr. 5-30-18
Docket 173
5/11/18 - Notice of continued hearing filed to continue hearing on 6/27/18 @ 10am.
Trustee cannot unilaterally continue hearing without court's consent once it is on the court's calendar. Why does the trustee want this matter continued.
6/15/18 -- Court approved stipulation continuing hearing to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR JUNE 27, 2018.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
10:00 AM
Docket 91
6/26/18 - Carmela Pagay, (310)229-1234, has been approved for telephonic appearance on 6/27/18 @ 10am
Grant motion.
Debtor(s):
Tod C Brewer Represented By Andrew S Mansfield
Movant(s):
Heide Kurtz (TR) Represented By Timothy J Yoo Carmela Pagay
Trustee(s):
Heide Kurtz (TR) Represented By Timothy J Yoo Carmela Pagay
10:00 AM
Docket 34
6/21/18 - Jeffrey Smith, (562)624-1177 x 130, has been approved for telephonic appearance on 6/27/18 @ 10am
Grant motion. Disallow claim in its entirety.
Debtor(s):
Martin Edward Rodriguez Represented By Raymond Perez
Movant(s):
Mary Rodriguez Represented By Jeffrey B Smith
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay Lindsey L Smith
10:00 AM
Docket 40
6/20/18 - Brandon Iskander, (949)340-3400, has been approved for telephonic appearance on 6/27/18 @ 10am
If spouses cannot agree on which set of exemptions to use, the debtor may only use the 704 exemptions. The fact that the debtor wants, but cannot get, a waiver is irrelevant. Debtor is not entitled to 703 exemptions and therefore cannot assert a wildcard exemption. The fact that debtor is no longer in possession of assets is not relevant to the merits of the exemption. Trustee has agreed to ascertain whether sheriff is in possession of $6,543.80. Does trustee have any additional information on this issue? Sustain objection.
Order turnover of $8,597.76, less any portion that is in the possession of the sheriff.
Debtor(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Movant(s):
Sam S Leslie (TR) Represented By Lynda T Bui Brandon J Iskander
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Brandon J Iskander
10:00 AM
Docket 22
NONE LISTED -
Court agrees that class certification does not automatically carry over unless the action is removed to bankruptcy court, but movant does not need to have a class certified in order to take an examination under Rule 2004. She can take an examination in her own right. (Movant may wish to file a class proof of claim and, if there is an issue as to the propriety of claimant's proceeding as a class, they may be resolved in response to a claim objection.)
In any event, a party in interest may conduct a 2004 examination. And a person who believes that she holds a claim is a party in interest. She does not need to have filed a proof of claim to conduct such an examination and the purposes for which movant seeks to conduct an examination are appropriate and go to whether there may be other assets of the estate, such as avoiding power claims or other causes of action, available to satisfy creditors' claims. The fact that the trustee may have what debtor contends is sufficient information to administer this case is not a basis upon which to deny another party in interest the right to conduct an examination concerning the debtor's assets and operations.
Overrule objection. Grant motion compelling a representative of the debtor to appear for a 2004 examination.
Debtor(s):
Phoenix Warehouse of California, Represented By
Walter K Oetzell
10:00 AM
Trustee(s):
Peter J Mastan (TR) Represented By Peter J Mastan
10:00 AM
fr. 10-4-17, 11-15-17, 2-14-18, 5-9-18, 5-30-18
Docket 149
NONE LISTED -
9/28/17 -- Court approved stipulation continuing hearing to November 15, 2017 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for February 14, 2018:
What is the status of this matter? According to this Court's October 18 order, litigation against SNS is to be stayed until orders are entered resolving the Kamana Litigation. Has this occurred? If not, what is the parties' current time estimate as to when this is likely to have occurred. Hearing required.
2/23/18 -- Court signed scheduling order setting deadline of April 20, 2018 for movant to file an advesary proceeding against claimant asserting affirmative claims and any objections to claim. Hearing continued to May 9, 2018 at 10:00 am.
Tentative Ruling for May 9, 2018:
Has debtor filed an adversary proceeding against claimant? If so, should this claim objection be withdrawn without prejudice? Hearing required.
5/21/18 -- Court approved stipulation continuing hearing to June 27, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
Tentative Ruling for June 27, 2018:
10:00 AM
Revisit status of objection after conclusion of related matter on calendar.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen
10:00 AM
#13.00 Motion for Order Permitting Slinde & Nelson, LLC to Withdraw its Claim Pursuant to Federal Rule of Bankruptcy Procedure 3006
fr. 5-30-18
Docket 232
NONE LISTED -
5/21/18 -- Court approved stipulation continuing hearing to June 27, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
Tentative Ruling for June 27, 2018:
The fact that claimant did not realize that it was consenting to this court's jurisdiction with regard to the assertion of a counterclaim (and waiving its right to a jury trial) is not a basis for the withdrawal of the claimant's proof of claim. This court has jurisdiction to adjudicate claims against the firm in any event, as such claims would be within the bankruptcy court's related jurisdiction.
Similarly, the Court does have related jurisdiction over the debtor's claims against Stanford. If he in fact had nothing to do with this debtor and did not render services to the debtor and was not a partner of the firm during the relevant time period, he should move for summary judgment. The fact that he may prevail on affirmative defenses because he did not do anything wrong is a different issue from whether the court has jurisdiction to determine whether he did anything wrong.
Deny motion in its entirety.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen
10:00 AM
Stephen A. Weaver
10:00 AM
#14.00 Debtor's Motion for Order Authorizing Debtor's Borrowing of money on an Unsecured Basis
Docket 145
NONE LISTED -
Grant motion. When are payments to start? Has debtor modified her plan projections to include these payments? Will $25,000 suffice for these attorneys' fees or does debtor anticipate needing additional money in the future?
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
10:00 AM
#15.00 Debtor's Motion For Entry Of An Order:
Approving The Sale Of Real Property Free And Clear Of All Liens, Claims, Encumbrances, And Interests, With The Exception Of Enumerated Exclusions
Authorizing And Approving The Payment Of Certain Claims From Sale Proceeds
Providing Related Relief
Docket 176
NONE LISTED -
Motion has been withdrawn by movant. Off calendar.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
10:00 AM
Docket 1
NONE LISTED -
8/23/17 -- Court approved stipulation continuing hearing to September 6, 2017 at 10:00 a.m. OFF CALENDAR FOR AUGUST 30, 2017.
Tentative Ruling for September 6, 2017:
Why are these debtors in bankruptcy? They can well afford to pay claims against them. It appears that this case was filed to obtain the benefit of a more favorable forum for the resolution of their disputes with the Keros concerning the enforceability of a prepetition sale agreement. Why can't that dispute simply be resolved in state court? Hearing required.
9/14/17 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- September 15, 2017
Bar date -- November 17, 2017
L/D to file updated status report -- November 22, 2017
Cont'd status conference -- November 29, 2017 at 11:00 a.m.
Tentative Ruling for December 12, 2017:
Revisit status of case after conclusion of related matters on calendar.
Final Ruling for December 12, 2017:
Continue hearing to March 14, 2018 at 11:00 a.m. Debtor should file updated
10:00 AM
status report by March 2, but could will waive that requirement if the debtor schedules a hearing on a sale motion concurrently with the continued case status conference.
Tentative Ruling for March 14, 2018:
Continue hearing to March 21, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of compromise with LA Conservancy.
APPEARANCES WAIVED ON MARCH 14, 2018.
Tentative Ruling for March 21, 2018:
Do debtors have any realistic prospect of being able to pay Keros the settlement payment by March 31, 2018? If so, how? Hearing required.
Tentative Ruling for June 13, 2018:
Continue case status conference to June 27, 2018 at 10:00 a.m. so that it may be heard concurrently with new motion for approval of sale. OFF CALENDAR FOR JUNE 13, 2018.
Tentative Ruling for June 27, 2018:
Well, it happened again. Another sale motion has been withdrawn. What went wrong this time? Hearing required.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
11:00 AM
fr. 8-12-15, 9-24-15, 1-6-16, 2-10-16, 3-16-16, 4-27-16, 9-7-16, 3-8-17, 12-12-17
Docket 1
NONE LISTED -
Did debtor ever serve the original order setting status conference? Did debtor ever file the initial status report? If not, why not? Hearing required.
10/1/15 -- Court signed scheduling order setting following dates: L/D to serve notice of bar date --- September 25, 2015
Bar date -- November 30, 2015
L/D to file plan and disclosure statement -- November 30, 2015 Cont'd status conference -- January 6, 2016 at 2:00 p.m.
Hearing on disclosure statement -- January 6, 2016 at 2:00 p.m.
Tentative Ruling for January 6, 2016:
Continue case status conference to date of continued hearing on disclosure statement.
Tentative Ruling for April 27, 2016:
If Court confirms plan, set post-confirmation status conference and deadline for reorganized debtor to file status report accompanied by declaration.
Tentative Ruling for September 7, 2016:
11:00 AM
According to status report, debtor is behind on payments to her professionals but hopes to catch up from a workers compensation award that she expects to receive. Professionals have not agreed to this payment plan, but do they anticipate taking any action in an effort to enforce their claims under the plan? Hearing required.
Final Ruling for September 7, 2017:
Continue hearing to March 8 2017 at 11:00 a.m. Debtor should file and serve updated status report not later than February 24, 2017.
Tentative Ruling for March 8, 2017:
According to status report, debtor is current on the payments due both secured creditors and unsecured creditors under the plan and is only in default on payments due administrative claimants. Is this correct?
Hearing required.
Tentative Ruling for December 13, 2017:
Is debtor now current on all plan payments? Post confirmation status report is not accompanied by a declaration and makes no mention of administrative claimants. Hearing required.
Tentative Ruling for June 27, 2018:
Continue hearing to December 12, 2018 at 11:00 a.m. Debtor should file and serve updated status report accompanied by debtor's declaration not later than November 30, 2018.
Debtor(s):
Ida Mae Woods Represented By Michael R Totaro
11:00 AM
Docket 1
NONE LISTED -
Set deadline for serving notice of bar date and bar date. Continue case status conference to a date after bar date. Set deadline for filing updated status report. Court will set deadline for filing plan and disclosure statement at continued status conference. Discuss with debtor what needs to happen before plan of reorganization can be filed.
1/26/18 -- Court signed scheduling order setting following dates: L/D for serving notice of bar date -- January 31, 2018
Bar date -- March 16, 2018
Cont'd status conference -- April 25, 2018 at 11 L/D to file updated status report -- April 13, 2018
Tentative Ruling for April 25, 2018:
Court notes that the proposed compromise with Georges includes releases for the debtor's parents, Sarkis and Alice Manjikian. How can the debtor be relied upon to act in the best interest of creditors of his estate in connection with negotiations with his parents? Discuss with debtor possible structures for the handling of this negotiation. Set deadline for filing plan and disclosure statement.
Tentative Ruling for June 27, 2018:
What are the principal terms of the proposed compromise between the debtor
11:00 AM
and his parents and when will the debtor be in a position to bring a motion for approval of this compromise? Hearing required.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub
11:00 AM
Docket 83
NONE LISTED -
Debtor purports to have a signed agreement for the sale of the property and represents that it will be filing a sale motion within the week. It is unclear why counsel could not have drafted the motion earlier so that it would have been ready to file as soon as the agreement was signed.
Continue the hearing on the OSC to March 28, 2018 at 10:30 a.m. Court will convert case to chapter 7 if debtor has not filed and served a sale motion by that date. OFF CALENDAR FOR MARCH 21, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for March 28, 2018:
Continue hearing to April 25, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of sale. OFF CALENDAR FOR MARCH 28, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for April 25, 2018:
Provided court approves sale, discuss with debtor how she intends to proceed after the sale and continue case status conference to a date after which sale should have closed.
Tentative Ruling for June 27, 2018:
Sale of property has now closed. Vacate OSC.
11:00 AM
Debtor(s):
Veronica Cazarez Represented By Martin J Brill Todd M Arnold Lindsey L Smith
11:00 AM
Docket 1
NONE LISTED -
6/20/17 -- Court signed order setting bar date of August 11, 2017 and directing debtor to file and serve bar date notice not later than June 27, 2017.
Tentative Ruling for July 12, 2017:
Does the debtor own an interest in her employer, Cyrene? Even if she succeeds in getting a lump sum payment from her employer in the near future that permits her to resolve her present financial crisis, according to the status report, she has received only sporadic income from her employer since 2012. Is there any reason to believe that her income from this employer is likely to become more regular in the near future? If not, how does the debtor hope to avoid the reoccurrence of financial problems after the case is dismissed or a plan is confirmed?
Hearing required.
7/14/17 -- Court signed order setting December 15, 2017 as the last day to file a plan and disclosure statement.
Tentative Ruling for October 18, 2017:
Court agrees that it is time for the debtor to sell her real property. If she fails to move forward promptly with a sale procedure, the court will convert the case. When does the debtor anticipate filing her application to employ a
11:00 AM
broker?
Final Ruling for October 18, 2017:
Continue status conference to January 31, 2018 at 2:00 p.m. Court will waive the requirement that debtor file an updated status report if it is having a hearing on a disclosure statement concurrently with the January 31, 2018 status conference. Otherwise, debtor should file and serve a status report by January 19, 2018.
Tentative Ruling for January 31, 2018:
No plan has been filed. Debtor disregarded court's direction to list property immediately rather than waiting until after the holiday season. Instead, debtor deferred listing property until January 18 and sought an extension of the deadline to file a plan. The court granted that motion in part and extended deadline for filing plan and disclosure statement to March 9, 2018.
According to the case status report, debtor still is not earning any income from her employment at Cyrene as the company has not yet closed a transaction. How is the debtor paying her living expenses? What other sources of cash does the debtor have? Who is paying her living expenses?
Why should this case remain in chapter 11 at all if debtor has no income. Property can just as easily be sold in chapter 7.
Hearing required.
Tentative Ruling for March 21, 2018:
Continue status conference to March 28, 2018 at 10:30 a.m. to be heard concurrently with continued hearing on order to show cause re conversion or dismissal.
Tentative Ruling for March 28, 2018:
11:00 AM
Continue hearing to April 25, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of sale. OFF CALENDAR FOR MARCH 28, 2018. NO APPEARANCE REQUIRED.
4/2/18 -- Court granted debtor's motion to extend deadline for filing plan and disclosure statement to June 7, 2018.
Tentative Ruling for April 25, 2018:
Revisit motion after conclusion of hearing on motion for approval of sale. 6/12/18 -- Court approved stipulation resolving Caliber's claim amount.
6/26/18 -- Court approved stipulation resolving amount of Broker's claim.
Tentative Ruling for June 27, 2018:
Court is holding debtor's motion for a further extension of deadline to dismiss or file plan. Debtor has now resolved amount of broker's claims. What more does debtor need to do before she can decide whether to move to dismiss this case or to file a plan and disclosure statement? Hearing required.
Debtor(s):
Veronica Cazarez Represented By Martin J Brill Todd M Arnold
11:00 AM
fr. 5-30-18
Docket 27
NONE LISTED -
Tentative Ruling from May 30, 2018:
Court has no objection to a salary of $1,500 per month, but how can the debtor's principal pay herself the remaining "owners' draw" of $10,000 if/when there is less than $10,000 in profit? What are the amount/cost of the life and disability insurance benefits to be paid each month? Does debtor's principal also seek any kind of expense reimbursements? Debtor has paid her personal rent from the business for at least the months of February and March. How is this accounted for? Is this another form of compensation being paid by the business?
Hearing required.
Final Ruling from May 30, 2018:
(See written order.) Debtor shall file and serve any amendment to or revision of the notice by June 13, 2018. Any supplemental oppositions will be due by June 20, 2018. A continued hearing will be held June 27, 2018 at 11:00 a.m. Debtor is authorized to pay $5,000 as compensation for the month of June.
Tentative Ruling for June 27, 2018:
The court has not received any additional papers concerning this. What does the debtor intend to do with regard to future compensation for Dr. Walden?
11:00 AM
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens
11:00 AM
fr. 4-5-18, 5-10-18, 5-30-18
Docket 20
NONE LISTED -
Tentative Ruling for May 30, 2018:
At prior hearing, court learned that debtor had paid her personal rent of more than $4,000 per month) from estate funds, even though court has not yet processed insider compensation applications. (Creditor objected, but debtor had failed to set matter for hearing.) Employment application for counsel had not yet been filed, even though case has been pending since February 2, 2018. (What was post-petition payment to debtor's counsel for $3,007 for?)
How is the debtor doing with compliance issues at this point?
Final Ruling for May 30, 2018:
Continue hearing to June 27, 2018 at 11:00 a.m. Court advised parties that it would dismiss this case if there was no counsel in place by the continued hearing.
Tentative Ruling for June 27, 2018:
There is now on file an application to employ Danning Gill as debtor's general insolvency counsel. That application reflects that the firm received a post- petition retainer of $5,000 from the debtor's principal and that she has personally guaranteed counsel's fees. Is that the same $5,000 that the court
11:00 AM
authorized the debtor to pay the insider in response to the prior insider compensation application? If so, what has the debtor been using to live on this month? The court was led to believe that, but for a distribution from the debtor, the principal would be unable to pay her rent. Hearing required.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens
11:00 AM
Docket 1
NONE LISTED -
"It's" means it is.
The possessive form of the word is "its" without an apostrophe.
Continue case status conference to April 5, 2018 at 10:00 a.m. to be heard concurrently with UST's motion to dismiss or convert.
Tentative Ruling for June 27, 2018:
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens
11:00 AM
Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 5-8-18
Docket 339
6/26/18 - Baruch Cohen, (323)937-4501, has been approved for telephonic appearance on 6/27/18 @ 11am
Tentative Ruling for May 8, 2018:
Rulings on Plaintiff's Evidentiary Objections:
(Court has numbered individual objections interposed by plaintiff.)
Sustain.
Sustain.
Overrule.
Overrule.
Overrule.
Overrule.
Sustain.
Sustain.
Sustain.
Sustain.
Overrule.
Overrule.
Overrule.
Overrule.
Overrule.
Tentative Ruling on Merits:
Baker has fundamentally misconstrued what the court has ordered. The
11:00 AM
Court did not order Baker to provide Anderson with access to what Pickrell read or to emails that Baker has determined are relevant. The Court ordered Baker to provide Anderson with access to the same sources to which Pickrell was given access. The scope of the court's order is not limited to emails that Baker has decided relate to this litigation. Plaintiff should be given access to the email systems that Baker has used so that plaintiff can ascertain whether there are additional emails and files that Baker has attempted to prevent him from seeing. Further Baker does not sufficiently address or refute plaintiff's contention that he has deleted emails for which he has not accounted.
Baker's testimony concerning the amount of spam he receives and the spam he deleted is insufficient to account for the large quantity of data that appears to have vanished.
Court is inclined to enter the proposed form of order lodged by Baker, or at least significant portions of it; however, there is a problem. An OSC re contempt must be specific as to the possible sanctions to be imposed if a party is found in contempt and needs to be specific as to the allegedly contemptuous conduct.
Court will need to issue a new form of OSC that sets forth possible sanctions that may be imposed. Discuss with parties form of that order.
Final Ruling for May 8, 2018:
See written order entered June 27, 2018.
Tentative Ruling for June 27, 2018:
Court has signed a simplified and streamlined version of the proposed order lodged by the plaintiff last week; however, inasmuch as the form of that order was disputed and it wasn't even signed until June 26, 2018, the court modified the deadlines set forth in that order to give defendant the same amount of time to comply as had been originally envisioned by the Court.
The new dates set forth in that order include restoration by July 27, 2018, filing of the compliance declaration by August 3, 2018, service of reply papers by August 10, 2018 and a hearing on the OSC on August 16, 2018 at 10:00 a.m.
11:00 AM
Accordingly, this hearing should be continued to (or set for) August 16, 2018 at 10:00 a.m.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Baruch C Cohen
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
11:00 AM
Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 12-8-15, 2-9-16, 4-5-16, 5-10-16, 5-24-16, 5-31-16, 9-27-16, 11-15-16, 1-10-
17, 3-14-17, 6-13-17, 6-27-17, 7-11-17, 10-31-17, 2-13-18, 3-13-18, 5-8-18
Docket 1
NONE LISTED -
Defendant's counsel should not handwrite documents to be filed with the Court. His writing is illegible.
Continue status conference to May 10, 2016 at 2:00 p.m. to be heard concurrently with related matters that will be on calendar for that date. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for May 31, 2016:
Revisit status of action after conclusion of related matters on calendar. 6/2/16 -- Court signed scheduling order setting following dates:
Cont'd status conference -- September 27, 2016 at 2:00 p.m. L/D to file joint status report -- September 13, 2016 Discovery cutoff -- September 30, 2016
L/D to lodge order appointing mediator -- June 17, 2016 Deadline to complete mediation -- September 27, 2016
7/6/16 -- court approved order appointing mediators.
Tentative Ruling for September 27, 2016:
11:00 AM
Plaintiff has filed a notice of inability to prepare joint status report. Where is the declaration required by LBR 7016-1(a)(3) that must be included whenever a party submits a unilateral status report? Why haven't the parties used the mandatory status report form required by LBR 7016-1(a)(2)? When counsel for plaintiff provided a draft status report that did not comply with the Local Bankruptcy Rules, why didn't counsel for the defendant file a unilateral report in compliance with LBR 7016-1(a)(3)?
Impose sanctions of $150 on counsel for each of the parties. Counsel for the plaintiff is urged to download a current version of the Court's local rules, as he is apparently relying on an outdated version of the rules. He should refer to the Court's website.
As a result, although there is a great deal of alleged information contained in plaintiff's filing, none of it is evidence and it does not address the issues that are supposed to be included in the status report.
Set continued status conference in approximately 30 to 45 days. Parties are to file the required joint status report form not less than two weeks prior to the continued status conference.
Tentative Ruling for March 14, 2017:
Revisit status of action after conclusion of hearing on matter no.101.
3/25/17 -- Court signed scheduling order setting following dates:
Cont'd status conference -- June 13, 2017 at 2:00 p.m. L/D to file joint status report -- May 30, 2017
L/D to designate experts and exchange reports -- May 15, 2017 L/D to exchange responsive reports -- June 12, 2017
5/26/17 -- Court granted motion to extend June 12 deadline to June 19 and continued status conference to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 13, 2017.
11:00 AM
6/12/17 -- Court approved stipulation continuing hearing to July 11, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 27, 2017.
Tentative Ruling for July 11, 2017:
Parties were to exchange expert witness reports. They did not need to file them. On May 16, 2017, Court reopened discovery for a period of 60 days from that date to permit the parties to conduct additional discovery related to the website www.baddocjjm.com. Are the parties on track to complete that discovery by July 15?
Set deadline for the completion of expert discovery. Has all other discovery been completed?
Set pretrial conference and deadline for lodging joint pretrial order. Discuss with parties form of proposed pretrial order.
8/15/17 -- Court approved scheduling order setting following dates: L/D to complete expert discovery -- September 15, 2017
Cont'd status conference -- October 31, 2017 at 2:00 p.m. L/D to file joint status report -- October 17, 2017
Tentative Ruling for October 31, 2017:
In light of court's rulings in related matters, when does plaintiff anticipate that he will be ready for trial.
2/6/18 -- Court approved stipulation continuing hearing to March 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Tentative Ruling for March 13, 2018:
Continue status conference to March 20, 2018 at 2:00 p.m. to be heard concurrently with motion on calendar for that date and time. Where is status report that should have been filed two weeks before status conference?
APPEARANCES WAIVED ON MARCH 13, 2018.
11:00 AM
Tentative Ruling for June 27, 2018:
Continue status conference to date of hearing on OSC (August 16, 2018 at 10:00 a.m.).
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Baruch C Cohen
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
11:00 AM
fr. 4-25-18, 5-30-18, 6-13-18
Docket 16
NONE LISTED -
Tentative Ruling for May 30, 2018:
Has the debtor made progress with regard to compliance issues? Hearing required.
Debtor withdrew motion to employ counsel. Does debtor plan to file new employment application soon? Hearing required.
Final Ruling for May 30, 2018:
Continue hearing to June 13, 2018 at 11:00 a.m to give debtor a further opportunity to address compliance issues, including adding debtor as additional insured on auto policy and providing UST with declarations page for comp general liability policy.
Tentative Ruling for June 13, 2018:
What additional progress has been made on compliance issues since the status conference held May 30, 2018?
6/19/18 -- Court approved order resolving motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
11:00 AM
Debtor(s):
Essence Business Group, Inc. Represented By Thomas B Ure
11:00 AM
[OST]
Docket 11
NONE LISTED -
Provided service is adequate, authorize debtor to use cash collateral to pay operating expenses to the extent necessary between the petition date and the continued hearing date. (Court will place an aggregate cap on cash usage.) All lenders shall receive replacement lien on all post-petition assets, other than avoiding power recoveries, to secure the diminution in value of their prepetition collateral. Post-petition liens shall have the same validity and priority as prepetition liens. Authorize use for interim period, pending hearing on a fully-noticed basis. Set final hearing on motion.
Debtor(s):
DDC Group, Inc. Represented By
M Jonathan Hayes
11:00 AM
Authorizing Debtor To Pay Prepetition Wages, Salaries, Deductions,
Workers Compensation And Similar Benefits
Authorizing And Directing Applicable Banks And Other Financial Institutions To Receive, Process, Honor And Pay Checks Presented For Payment And To Honor Funds Transfer Requests Relating To The Foregoing
[OST]
Docket 14
NONE LISTED -
Provided service is adequate, authorize debtor to pay prepetition wages and honor prepetition benefits up to an aggregate of priority amount per employee, excluding insiders. (Debtor needs to identify which of its employees are insiders.) With regard to insiders, order can provide that, if and when and to the extent that insider compensation has been approved, the debtor is authorized to pay prepetition wages to insiders in accordance with any formula approved through the insider compensation process.
Deny motion insofar as it seeks authority to permit prepetition checks to clear. Debtor must close its bank accounts so that outstanding checks do not clear. To the extent that outstanding checks are for prepetition wages that would otherwise be covered by the preceding paragraph, debtor should issue new checks to accomplish these payments.
Debtor(s):
DDC Group, Inc. Represented By
M Jonathan Hayes
11:00 AM
10:00 AM
MOVANT: 11TH STREET INVESTMENTS, LLC.
Docket 250
NONE LISTED -
Grant without waiver of Rule 4001(a)(3). but with annulment. Deny request for other extraordinary relief.
Debtor(s):
Taryn Vu - Rose Represented By
Eric Bensamochan Louis J Esbin
Movant(s):
11TH STREET INVESTMENTS Represented By
Agop G Arakelian
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
Howard M Ehrenberg
10:00 AM
MOVANT: FINANCIAL SERVICES VEHICLE TRUST
Docket 30
NONE LISTED -
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Jose Antonio Zamora Pro Se
Joint Debtor(s):
Martha Delia Zamora Pro Se
Movant(s):
Financial Services Vehicle Trust Represented By
Bret D. Allen
Trustee(s):
Rosendo Gonzalez (TR) Represented By Rosendo Gonzalez
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 10
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Margaret Bonilla Represented By
Michael H Colmenares
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 8
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Jose Salazar Represented By
Speros P Maniates
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: LIBERTY FUND, LLC.
Docket 13
NONE LISTED -
6/29/18 -- Court dismissed case based on debtor's failure to appear at hearing to ascertain whether debtor is entitled to exemption from prepetition credit counseling requirement.
Deny motion as moot. Case has been dismissed and court is not prepared to grant extraordinary relief. Appearances waived. Court will prepare order (which will reflect that motion was denied because the case has already been dismissed and there is no automatic stay in place).
Debtor(s):
Billy Redd Pro Se
Movant(s):
LIBERTY FUND, LLC Represented By
Lane M Nussbaum
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: AMAZON WEB SERVICES, INC.
Docket 190
NONE LISTED -
6/22/18 -- Court entered order resolving matter. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
Shawn M Christianson
Movant(s):
Amazon Web Services, Inc. Represented By Amir Gamliel
10:00 AM
Docket 191
NONE LISTED -
6/22/18 -- Court entered order resolving matter. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
Shawn M Christianson
Movant(s):
Amazon Web Services, Inc. Represented By Amir Gamliel
10:00 AM
MOVANT: THE EVERGREEN ADVANTAGE, LLC.
Docket 14
NONE LISTED -
Grant motion, including waiver of Rule 4001(a)(3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included the transfer of an interest in property without movant's consent and multiple bankruptcy filings affecting this property.
Debtor(s):
Mark Nicholas Cooper Represented By Sunjay Bhatia
Movant(s):
The Evergreen Advantage, LLC Represented By Edward T Weber
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:09-02063 Rubin v. Ross
Complaint by Jason Rubin against David Leonard Ross fr. 1-23-18, 4-10-18
Docket 1
NONE LISTED -
Set date for pretrial conference. Parties should lodge joint pretrial order two weeks before pretrial conference. Do parties anticipate filing any additional pretrial motions?
6/27/18 -- Court approved stipulation continuing pretrial conference to September 4, 2018. OFF CALENDAR FOR JULY 3, 2018.
Debtor(s):
David Leonard Ross Represented By Rosendo Gonzalez
Benjamin Nachimson
Seyed Mohammad R Kazerouni
Defendant(s):
David Leonard Ross Represented By Rosendo Gonzalez
Seyed Mohammad R Kazerouni
2:00 PM
Plaintiff(s):
Jason Rubin Represented By
Barry R Wegman Stephan A Mills Franklin C Adams Cathy Ta
J. Alexandra Rhim Rosendo Gonzalez
Trustee(s):
James L Brown (TR) Pro Se
2:00 PM
Adv#: 2:15-01241 SIEGEL, CHAPTER 7 TR v. The Weinstein Company LLC et al
fr. 4-26-16, 6-28-16, 9-27-16, 11-1-16, 2-7-17, 4-11-17, 7-11-17, 10-17-17, 1-30-
18, 4-3-18
Docket 1
NONE LISTED -
What is the status of this matter? Are the parties on track to complete fact discovery by August 31, 2016? Set continued status conference. Vacate dates set by Judge Neiter for continued status conference and pretrial conference.
6/14/16 -- Court approved stipulation, but continued hearing to September 27, 2016 at 2:00 p.m. (rather than September 13). OFF CALENDAR FOR JUNE 28, 2016.
8/31/16 -- Court approved stipulation continuing status conference to November 1, 2016 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 27, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for November 1, 2016:
Revisit status of action after conclusion of hearings on related motions.
Tentative Ruling for February 7, 2017:
Continue status conference to April 11, 2017 at 2:00 p.m. to be heard
2:00 PM
concurrently with status conference in related action. APPEARANCES WAIVED ON FEBRUARY 7, 2017.
Tentative Ruling for April 11, 2017:
Continue this status conference to July 11, 2017 at 2:00 p.m. Joint status report will be due June 27, 2017. Appearances waived on April 11, 2017.
Tentative Ruling for July 11, 2017:
Set discovery cutoff for late June 2018. Continue status conference for approximately three months. Do the parties anticipate returning for an additional day of mediation? Hearing required.
7/14/17 -- Court signed scheduling order setting deadline for completion of fact discovery for June 29, 2018 and a continued status conference for October 17, 2017 at 2:00 p.m.
10/12/17 -- court approved stipulation continuing hearing to January 30, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 17, 2017.
Tentative Ruling for January 30, 2018:
At request of parties in status report, continue status conference to April 3, 2018 at 2:00 p.m. Paties should file joint status report two weeks prior to continued status conference. OFF CALENDAR FOR JANUARY 30, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for July 3, 2018:
The defendants are now in bankruptcy. How does the plaintiff intend to proceed now that this action is stayed?
Debtor(s):
Genius Products LLC Pro Se
2:00 PM
Defendant(s):
The Weinstein Company LLC Represented By Mette H Kurth Alan R Friedman
The Weinstein Company Holding Represented By
Mette H Kurth Alan R Friedman
Plaintiff(s):
ALFRED H SIEGEL, CHAPTER 7 Represented By
David B Shemano James P Menton JR
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman Alfred H Siegel (TR) Lindsey L Smith James P Menton JR David B Shemano
10:00 AM
MOVANT: NATIONSTAR MORTGAGE LLC fr. 5-29-18
Docket 79
7/12/18 - JaVonne Phillips, (619) 243-3970, has been approved for telephonic appearance on 7/17/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Raymond Gerald Paret Represented By Onyinye N Anyama
Movant(s):
Nationstar Mortgage LLC as Represented By Merdaud Jafarnia
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: CARRINGTON MORTGAGE SERVICES, LLC. fr. 5-29-18
Docket 17
7/12/18 - S. Renee Blume, (818) 657-5225, has been approved for telephonic appearance on 7/17/18 @ 10am
Tentative Ruling for May 29, 2018:
Deny motion without prejudice. There is equity in the property and no evidence that value of property is declining or that movant lacks adequate protection.
Final Hearing for May 29, 2018:
Movant would like continuance to give it an opportunity to examine the value of the property. Continue hearing to July 17, 2018 at 10:00 a.m. Movant may file and serve supplemental declaration by June 26, 2018. Supplemental oppositions may be filed by July 9, 2018. Movant should file and serve notice of continuance that contains these dates.
Tentative Ruling for July 17, 2018:
Movant served notice of continuance that set forth continued dates, but did not file supplemental declaration re value of property. Tentative ruling from May 29, 2018 remains unchanged.
10:00 AM
Debtor(s):
Ryan Matthew Oltman Represented By
Raj T Wadhwani
Joint Debtor(s):
Kimberly Rene Oltman Represented By
Raj T Wadhwani
Movant(s):
Carrington Mortgage Services, LLC Represented By
S Renee Sawyer Blume
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: MELCO PROPERTIES, LLC. A CA LTD LIABILITY CO.
Docket 17
NONE LISTED -
Continue hearing to give movant an opportunity to file amended/corrected motion with missing information. When did debtor default on the lease? What was the default? When was the last payment received? Were there any steps taken post-petition for which movant seeks annulment (on page 10, but not on page 4).
Debtor(s):
Lori Ann Reese Represented By Sevan Gorginian
Movant(s):
Melco Properties, LLC, A Ca Ltd. Represented By
Paul E Gold
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: FIRST CITY CREDIT UNION
Docket 14
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Kathi D Wallace Pro Se
Movant(s):
First City Credit Union Represented By Karel G Rocha
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: SYLVIA ENA
Docket 7
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Vikki Lynn Johnson Charles Represented By Mark J Markus
Movant(s):
Sylvia Ena Represented By
Sheila M Pistone
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION
Docket 8
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Jaime V Pasaye, Jr Represented By Jorge A Meza
Joint Debtor(s):
Gabriella Alexandra Pasaye Represented By Jorge A Meza
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: SILVERTON PARTNERS, INC.
Docket 55
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Essence Business Group, Inc. Represented By Thomas B Ure
Movant(s):
Silverton Partners, Inc. Represented By Gene H Shioda
10:00 AM
fr. 4-25-18, 5-9-18
Docket 1093
7/16/18 - John Moe, (213)892-4905, has been approved for telephonic appearance on 7/17/18 @ 10am
Tentative Ruling for April 25, 2018:
See tentative ruling for matter no. 21 [now on calendar as matter no. 10].
Tentative Ruling for May 9, 2018:
At hearing held April 25, 2018, parties reported that matter had been settled. What is the status of this matter?
Tentative Ruling for July 17, 2018:
Order entered May 14, 2018 provided for payment of $400,000 on the effective date, which was defined as 25 days after the order became final and nonappealable. Assuming the order became final and nonappealable on the 15th day after entry, May 29, 2018, the effective date should have been June 23, 2018. Was the $400,000 payment made by that date? (If so, the matters on calendar as numbers 8 and 9 are to be taken off calendar. Court does not take hearings off calendar unless the underlying motions have been resolved. If the payment has been made, movants should file notices withdrawing the motions with whatever reservations they deem appropriate.)
PARTIES NOW REPORT THAT PAYMENT HAS BEEN MADE, BUT COURT NEEDS MOVANTS TO FILE NOTICES OF WITHDRAWAL IN ORDER TO RESOLVE THE PENDING MOTIONS.
10:00 AM
Debtor(s):
Gardens Regional Hospital and Represented By Samuel R Maizel John A Moe
Movant(s):
OFFICIAL COMMITTEE OF Represented By Andrew H Sherman Jeffrey I Golden Anthony Bisconti Steven J. Katzman Anne A Uyeda
Boris I Mankovetskiy
OFFICIAL COMMITTEE OF Represented By
Boris I Mankovetskiy Anthony Bisconti Jeffrey I Golden Andrew H Sherman Anne A Uyeda
10:00 AM
fr. 4-25-18, 5-9-18
Docket 1039
7/16/18 - John Moe, (213)892-4905, has been approved for telephonic appearance on 7/17/18 @ 10am
Tentative Ruling for April 25, 2018:
Discuss status, timing and interrelationship of motions with the parties. Based on the limited information that the Court has acquired to date, court's initial inclination is to resolve the discovery motion first and thereafter the compromise motion. If the Committee succeeds in persuading the Court that the compromise should not be approved, depending on the basis for that ruling, court may be inclined to grant standing motion.
Tentative Ruling for May 9, 2018:
At hearing held April 25, 2018, parties reported that matter had been settled. What is the status of this matter?
Tentative Ruling for July 17, 2018:
See tentative ruling for matter no. 8.
Debtor(s):
Gardens Regional Hospital and Represented By Samuel R Maizel
10:00 AM
Movant(s):
John A Moe
OFFICIAL COMMITTEE OF Represented By Andrew H Sherman Jeffrey I Golden Anthony Bisconti Steven J. Katzman Anne A Uyeda
Boris I Mankovetskiy
OFFICIAL COMMITTEE OF Represented By
Boris I Mankovetskiy Anthony Bisconti Jeffrey I Golden Andrew H Sherman Anne A Uyeda
2:00 PM
Sustaining Objection to Debtor's Claim of Exemption
Compelling Turnover of Estate Property fr. 1-24-18, 3-20-18, 5-15-18, 6-5-18
Docket 38
NONE LISTED -
Tentative Ruling for January 28, 2018:
Trustee is correct that settlement proceeds are property of debtors' bankruptcy estate, but that is a different question from whether or not that property is exempt. Trustee is correct that debtors cannot now switch to 704 exemptions in light of the fact that their bankruptcy case was administered with the exemptions available under section 703. Debtors cannot refuse to produce copies of relevant documents including settlement agreement to trustee. Trustee is the real party in interest unless and until the proceeds have been exempted from the bankruptcy estate and they won't be exempted unless the trustee has an opportunity to review the operative documents.
Continue hearing to give debtors an opportunity to amend their Schedule C to assert exemptions under the 703 series and for the parties to engage in discovery. Issue notice deeming matter to be an adversary proceeding for procedural purposes and set continued status conference.
Final Ruling for January 28, 2018:
(See order entered January 29, 2018.) Issue order advising parties that court will treat this contested matter as an adversary proceeding for procedural
2:00 PM
purposes. Court bifurcated issues raised by motion for purposes of discovery and hearing; the first issue to be addressed is whether the proceeds are property of the bankruptcy estate. Court set March 20, 2018 at 2:00 p.m. as a status conference and waived the requirement of a status report.
Tentative Ruling for March 20, 2018:
When do the parties anticipate that they will have completed discovery with regard to the first issue? Hearing required.
Tentative Ruling for May 15, 2018:
Discuss with parties whether it is necessary for the trustee to sign a stipulated protective order in order to obtain copies of the relevant documents and, if so, whether the stipulated order proposed by the debtor is appropriate to the task. Hearing required.
Tentative Ruling for June 5, 2018:
Assuming that the remaining documents that the trustee expects are delivered to the trustee by June 8, 2018, when does the trustee anticipate that he will be in a position to give the debtors feedback on the form of their proposed stipulation of facts? Hearing required.
Final Ruling for June 5, 2018:
Continue hearing to July 17, 2018 at 2:00 p.m. (This will not be an evidentiary hearing.) Trustee should respond to the proposed list of stipulated facts by June 15, 2018. Parties should file a stipulation with undisputed facts and disputed facts, if necessary, by June 22. The parties may file simultaneous briefs by July 2, 2018 and replies by July 9, 2018.
Tentative Ruling for July 17, 2018:
Neither party has adequately explained why they were unable to comply with the court's explicit direction that they prepare a JOINT statement, reflecting the facts upon which they agree and those that are still in dispute. Perhaps a
2:00 PM
neutral third party (such as a mediator) could be of assistance.
With regard to the legal issues, court agrees that when a cause of action arises (or a statute of limitations begins to run) is a matter of state law, but when a claim arises is an issue of bankruptcy law. And the two are not the same. (Court assumes that the parties recall the uproar created when the Third Circuit decided the Frenville case.) However, even if the Court were to adopt a discovery rule to decide whether a cause of action based upon a malfunction of a medical device is or is not property of the estate, the issue would be whether the debtor knew or should have known of the existence of the claim as of the petition date. In the alternative, if the court concludes that the issue is whether any damage had been suffered (as distinguished from discovered) as of the petition date -- that is, when the erosion actually occurred -- court would need to know when the erosion occurred.
Debtor claims that she did not discover any problem (and, arguably, that she had no reason to discover any problem) until in or about December of 2010, but the debtor has not complied with the trustee's requests for the production of medical records that predate this period. Unless and until the trustee is given access to medical records for a reasonable period of time preceding the petition date, the Court cannot determine whether the debtor should have discovered that the device had malfunctioned prior to the petition date.
Continue hearing and direct the debtor to produce medical records for the period from and after the implantation (November 26, 2008) through the petition date.
Debtor(s):
Robert Louis Ditchey Sr. Represented By
Susan I Montgomery
Joint Debtor(s):
Nathalie R. Ditchey Represented By
Susan I Montgomery
2:00 PM
Movant(s):
Rosendo Gonzalez (TR) Represented By Toan B Chung
Trustee(s):
Rosendo Gonzalez (TR) Represented By Toan B Chung
2:00 PM
[OST]
fr. 6-27-18
Docket 11
NONE LISTED -
Discuss with debtor figures and categories on Exhibits G and H.
As YesLender acknowledges, a secured lender is only entitled to adequate protection to the extent necessary to offset any decreases in the value of the lender's collateral as of the petition date. YesLender claims to have been owed $55,583.35 as of the petition date. How much was its collateral worth as of that date? YesLender is not necessarily entitled to payments at its contract rate. Rate at which the debtor agreed to repay the obligation is not relevant to the amount of adequate protection to which the lender may be entitled.
Hearing required.
Debtor(s):
DDC Group, Inc. Represented By
M Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M Jonathan Hayes
2:00 PM
Adv#: 2:12-01805 Fox et al v. Kamen
fr. 8-21-12, 8-28-12, 1-31-13, 3-28-13, 5-28-13, 11-5-13, 5-27-14, 12-2-14,
5-5-15, 11-3-15, 2-2-16, 5-24-16, 8-30-16, 10-18-16, 2-7-17, 4-25-17, 5-9-17,
6-27-17, 7-6-17, 7-11-17, 10-5-17, 10-31-17, 1-30-18, 4-3-18
Docket 1
7/2/18 - Han Pai, (213)622-9108, has been approved for telephonic appearance on 7/17/18 @ 2pm
11/27/12 -- Court approved stipulation continuing hearing to March 28, 2013 at 10:00 a.m. OFF CALENDAR FOR JANUARY 31, 2013.
2/1/13 -- Court approved stipulation continuing hearing to May 28, 2013 at 2:00 p.m. OFF CALENDAR FOR MARCH 28, 2013.
3/11/13 -- Court approved stipulation continuing hearing to November 5, 2013 at 2:00 p.m. OFF CALENDAR FOR MAY 28, 2013.
OFF CALENDAR. COURT SIGNED STIPULATION CONTINUING HEARING TO MAY 27, 2014 AT 2:00 P.M.
10/6/14 -- Court signed stipulation setting following dates: L/D to file amended complaint -- March 31, 2015
L/D to respond to amended complaint -- April 30, 2015 Cont'd status conference -- May 5, 2015 at 2:00 p.m.
2:00 PM
L/D to object to debtor's discharge -- March 31, 2015.
4/6/15 -- Court signed stipulation setting following dates: L/D to file amended complaint -- September 30, 2015
L/D to respond to amended complaint -- October 30, 2015 Cont'd status conference -- November 3, 2015 at 2:00 p.m. L/D to object to debtor's discharge -- September 30, 2015
OFF CALENDAR FOR MAY 5, 2015.
Tentative Ruling for February 2, 2016:
Revisit status of action after conclusion of hearing on motion for extension of time to file amended complaint.
Tentative Ruling for May 24, 2016:
Order parties to complete a day of mediation prior to date of continued status conference. Continue status conference approximately 90 days.
6/3/16 -- Court signed scheduling order setting following dates: Cont'd status conference -- August 30, 2016 at 2:00 p.m.
L/D to file joint status report -- August 16, 2016
L/D to lodge order appointing mediator -- June 20, 2016 L/D to complete mediation -- August 30, 2016.
8/5/16 -- Court approved order appointing mediator.
Tentative Ruling for August 30, 2016:
Where is the status report that should have been filed by August 16, 2016? Have the parties completed a day of mediation? Hearing required.
9/23/16 -- Court approved scheduling order setting following dates:
2:00 PM
Cont'd status conference -- October 18, 2016 at 2:00 L/D to file joint status report -- October 4, 2016
L/D to complete mediation extended to October 18, 2016
Tentative Ruling for October 18, 2016:
Parties have now completed mediation, which apparently was not successful. Have parties commenced discovery? Hearing required.
Final Ruling for October 18, 2016:
Continue hearing to February 7, 2017 at 2:00 p.m. Parties shall file joint status report not later than January 24, 2017.
Tentative Ruling for February 7, 2017:
Both parties report that there are motions that they intend to file. Set deadline(s) for the filing of these motions and continue status conference to date that can be used for these hearings.
Tentative Ruling for April 25, 2017:
Joint status report due April 11 was filed on April 19, 2017. Court is confused by the discussion of Mel Kaftan in the status report. Are there possible criminal charges that might be filed against him? If not, even if he might have received preferential transfers, he has no right to refuse to testify if subpoenaed and cannot require the trustee to dismiss claims against him as a condition to his cooperation. What is the court missing?
Hearing required.
5/3/17 -- Court approved stipulation continuing hearing to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 27, 2017:
Where is the joint status report that should have been filed two weeks before
2:00 PM
the status conference? Hearing required.
6/26/17 -- Court approved stipulation continuing hearing to July 6, 2017 at 10:00 a.m. OFF CALENDAR FOR JUNE 27, 2017.
6/30/17 -- Court continued hearing to July 11, 2017 at 2:00 p.m. so that it may be heard concurrently with related matters. OFF CALENDAR FOR JULY 6, 2017. NO APPEARANCE REQUIRED.
Tentative Ruling for July 11, 2017:
Tentative ruling for June 27 remains unchanged.
9/22/17 -- Court continued hearing to October 31, 2017 at 2:00 p.m. so that it may be heard concurrently with related matters. OFF CALENDAR FOR OCTOBER 5, 2017. NO APPEARANCE REQUIRED.
Where is the joint status report that should have been filed two weeks prior to the status conference? What is the status of this matter? Hearing required.
Tentative Ruling for January 30, 2018:
At request of plaintiff for reasons set forth in joint status report, continue status conference to April 3, 2018 at 2:00 p.m. Parties should file joint status report two weeks prior to continued status conference. OFF CALENDAR FOR JANUARY 30, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for April 3, 2018:
Set discovery cutoff for approximately 90 to 120 days and continue status conference to approximately same time frame.
4/11/18 -- Court approved scheduling order setting following dates: Cont'd status conference -- July 17, 2018 at 2:00 p.m.
L/D to file joint status report -- July 3, 2018 L/D to complete discovery -- 11/13/2018
Tentative Ruling for July 17, 2018:
2:00 PM
Court is confused. Why did plaintiffs refile on July 6, 2018 the same status report submitted by the parties in March? Where is the new status report that should have been filed by July 3, 2018? Did the plaintiffs take a deposition of Melvin Kaftan in Michigan in June?
Hearing required.
(New status report was filed on July 12, 2018, which was late. Did plaintiff take deposition of Melvin Kaftan in Michigan in June? Set deadline for plaintiff to file motion for summary judgment.)
Debtor(s):
Michael Joel Kamen Represented By Leslie A Cohen Neal Salisian Richard H Lee
Defendant(s):
Michael Joel Kamen Represented By Richard H Lee
Plaintiff(s):
Commerce Drive, LP Represented By Andy Kong James KT Hunter
Soledad Commons, LLC Represented By Andy Kong James KT Hunter
South City Wichita Partners, LLC Represented By
Andy Kong James KT Hunter
Larchmere Partners, LLC Represented By Andy Kong
2:00 PM
James KT Hunter
Garson Victory, LLC Represented By Andy Kong James KT Hunter
501 Grant Street Partners, LLC Represented By Andy Kong James KT Hunter
111 Sunset, LP Represented By Andy Kong James KT Hunter
Center City Tower, LP Represented By Andy Kong James KT Hunter
201 North Brand, LLC Represented By Andy Kong James KT Hunter
357 South Broadway, LLC Represented By Andy Kong James KT Hunter
1530 West Covina Parkway, LLC Represented By
Andy Kong James KT Hunter
Gerson & Gertrude Fox Family Trust Represented By
Andy Kong James KT Hunter
Gertrude Fox Represented By
Andy Kong James KT Hunter
Benjamin Nachimson
Gerson Fox Represented By
Andy Kong
2:00 PM
James KT Hunter Benjamin Nachimson
Elissa D. Miller Represented By Ryan D ODea
Trustee(s):
Richard J Laski (TR) Represented By Jonathan M Weiss Sasha M Gurvitz
2:00 PM
Adv#: 2:17-01370 Miller in her Capacity as Chapter 7 Trustee v. Bearbiz Irrevocable Trust et al
Supreme Studios, Gertrude Fox
fr. 10-3-17, 10-17-17, 1-30-18, 4-24-18, 5-29-18, 5-30-18
Docket 1
NONE LISTED -
Revisit status after conclusion of hearings on related matters.
4/9/18 -- Court approved stipulation continuing hearing to May 29, 2018 at 2:00 p.m. OFF CALENDAR FOR APRIL 24, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for May 29, 2018:
Where is the joint status report that should have been filed May 15, 2018? Hearing required.
7/2/18 -- Court approved stipulation dismissing action with prejudice. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
2:00 PM
Defendant(s):
Bearbiz Irrevocable Trust Represented By Johnny White
Theodore Fox Represented By Johnny White Simon Aron
Supreme Studios Represented By Johnny White
GERTRUDE FOX Represented By Michael D Dempsey
Plaintiff(s):
Elissa Miller in her Capacity as Represented By Ryan D ODea
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Adv#: 2:17-01372 Velasco v. RBS Citizens Bank
fr. 10-3-17, 1-23-18, 4-10-18
Docket 1
8/8/17 - Amended Complaint filed. 8/8/17 - Another summons issued.
8/17/17 - Another summons issued
Continue status conference approximately 90 days. Set discovery cutoff for March of 2018.
10/5/17 -- Court signed scheduling order with following dates: Cont'd status conference -- January 23, 2018 at 2:00 p.m.
L/D to file joint status report -- January 9, 2018 Discovery cutoff -- March 30, 2018.
Tentative Ruling for January 23, 2018:
Both parties report that they will be done with discovery in April, 2018. Are they requesting an extension of the discovery cutoff or does the current March 30 date work?
Parties have indicated that they do not want to be sent to mediation. When would mediation be appropriate in this case, if at all? Hearing required.
2:00 PM
3/6/18 -- Court signed order dismissing action as against defendant VL Funding only.
3/23/18 -- Court approved stipulated order dismissing action as against another defendant. RBS Citizen's Bank remains as a defendant.
4/16/18 -- Court approved scheduling order with following dates: Cont'd status conference -- July 17, 2018 at 2:00 p.m.
L/D to file status report -- July 3, 2018 Discovery cutoff -- June 30, 2018
Tentative Ruling for July 17, 2018:
It appears from the status report that discovery is now complete. Set deadline for filing pretrial motions and pretrial conference date. Order parties to complete a day of mediation before deadline for lodging pretrial order.
Debtor(s):
Paulina Velasco Represented By Christine A Kingston
Defendant(s):
RBS Citizens Bank Represented By Scott S Weltman
Plaintiff(s):
Paulina Velasco Represented By Christine A Kingston
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
Docket 101
NONE LISTED -
6/22/18 -- Court signed order approving stipulation continuing hearing to July 17, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Tentative Ruling for July 17, 2018:
Grant in part and deny in part. Trustee apparently did not mean to include the debtor in his fraudulent transfer claims, but, contrary to the contentions advanced in the opposition, the seventh claim for relief does include the debtor. Grant motion without leave to amend with regard to fraudulent transfer claims as against debtor. Strike these allegations. With this exception, deny balance of motion that asserts statute of limitations problems.
With regard to claims asserted against the debtor, grant motion with leave to amend. The complaint alleges failure to disclose material facts, but it doesn't allege a duty to disclose these facts and does not allege reliance on the nonexistence of these facts or the trustee's lack of knowledge of the true facts. In other words, where is the allegation that the trustee was unaware that the liens were sham transactions that could be avoided as fraudulent transfers? Absent such an allegation, the trustee will not be able to establish proximate cause. (
Court rejects defendants' argument that recordation of the liens put the trustee on notice of their existence. The nondisclosure here was of the fact that the liens were not sham/fraudulent transfers, not that the liens existed. The trustee clearly knew about the existence of the liens.
2:00 PM
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth
Alexandre Oh Represented By
Andrew Edward Smyth
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
Andrew Edward Smyth
Movant(s):
Benjamin Hooshim Represented By
Andrew Edward Smyth
Alexandre Oh Represented By
Andrew Edward Smyth
Chonghee Jane Kim Represented By
Andrew Edward Smyth
2:00 PM
Plaintiff(s):
Edward M Wolkowitz Represented By Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
fr. 7-25-17, 11-14-17, 11-28-17, 1-9-18, 4-3-18, 4-11-18, 6-26-18
Docket 1
6/27/17 - Request for entry of default against Julie Taberdo 6/27/17 - Request for entry of default against Lynn Wolcott
6/27/17 - Request for entry of default against TD Foreclosure Services, Inc.
Defaults have been entered as against Lynn Wolcott, Julie Taberdo and TD Foreclosure Services.
The trustee is of the opinion that there are legal issues that can be resolved through a motion for partial summary adjudication. Set deadline for the filing of such motions and continue status conference to a date that can serve as a date for hearing on those motions.
9/20/17 -- Court approved scheduling order continuing status conference to November 14, 2017 at 2:00 p.m., ordering parties to file a joint status report not later than Octoer 31, 2017, ordering trustee to file and serve his motion for partial summary judgment against GB Inland Properties not later than September 26, 2017 and set it for hearing on November 14, 2017 at 2:00
p.m. and directing that any motion to vacate a default be filed not later than
2:00 PM
September 26, 2017 and set for hearing on or before November 14, 2017 at 2:00 p.m.
Tentative Ruling for November 14, 2017:
Why didn't the trustee comply with the court's directive to file his motion for partial summary judgment in time to have it heard on November 14, 2017? That motion is currently set for November 28, 2017.
Revisit status of action after conclusion of related matter on calendar. Tentative Ruling for November 28, 2017:
Revisit status of action after conclusion of related matter on calendar.
Tentative Ruling for January 9, 2018:
Set deadline for filing amended complaint and deadline for filing response to complaint.
Tentative Ruling for April 11, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
6/22/18 -- Court signed order approving stipulation continuing hearing to July 17, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Tentative Ruling for July 17, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
2:00 PM
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth
Alexandre Oh Represented By
Andrew Edward Smyth
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
Andrew Edward Smyth
Plaintiff(s):
Edward M Wolkowitz Represented By Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
2:00 PM
Adv#: 2:18-01023 Cunjak v. Garcia
Docket 10
NONE LISTED -
Local Bankruptcy Rule 7026-1(c) provides as follows:
General. Unless excused from complying with this rule by order of the court for good cause shown, a party must seek to resolve any dispute arising under FRBP 7026-7037 or FRBP 2004 in accordance with this rule.
Meeting of Counsel. Prior to the filing of any motion relating to discovery, counsel for the parties must meet in person or by telephone in a good faith effort to resolve a discovery dispute. It is the responsibility of counsel for the moving party to arrange the conference. Unless altered by agreement of the parties or by order of the court for cause shown, counsel for the opposing party must meet with counsel for the moving party within 7 days of service upon counsel of a letter requesting such meeting and specifying the terms of the discovery order to be sought.
2:00 PM
Continue hearing to give parties a (further) opportunity to comply with this local rule.
Debtor(s):
Joseph Michael Garcia Represented By John Asuncion
Defendant(s):
Joseph Michael Garcia Represented By
Andrew Edward Smyth
Movant(s):
Michael Cunjak Represented By Sanaz S Bereliani
Plaintiff(s):
Michael Cunjak Represented By Sanaz S Bereliani
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01023 Cunjak v. Garcia
Complaint by Michael Cunjak against Joseph Michael Garcia fr. 4-3-18
Docket 1
NONE LISTED -
Set discovery cutoff for late July, 2018 and continue status conference to approximately same time frame.
4/9/18 -- Court approved scheduling order setting following dates: Cont'd status conference -- July 17, 2018 at 2:00 p.m.
L/D to file joint status report -- July 3, 2018 L/D to conduct discovery -- July 31, 2018
Tentative Ruling for July 17, 2018:
Continue status conference to date of continued hearing on discovery motion. Continue discovery cutoff in the interim.
Debtor(s):
Joseph Michael Garcia Represented By John Asuncion
Defendant(s):
Joseph Michael Garcia Represented By
Andrew Edward Smyth
2:00 PM
Plaintiff(s):
Michael Cunjak Represented By Sanaz S Bereliani
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:12-01858 Okhrimovski v. Okhrimovskaya
Docket 139
NONE LISTED -
Grant. The portions of the Deal Memorandum that dealt with (nonmodifiable) spousal support are nondischargeable under section 523(a)(5). The balance of the provisions relate to/embody a property settlement that is nondischargeable under section 523(a)(15). As the court has previously ruled in its amended order entered December 15, 2016, the plan is not inconsistent with and does not prevent enforcement of, or excuse the Debtor from performing under, the Deal Memorandum.
Debtor(s):
Vsevolod Okhrimovski Represented By
Blake J Lindemann
Defendant(s):
Dina Okhrimovskaya Represented By
Aslan Khodorovsky
Movant(s):
Dina Okhrimovskaya Represented By
Aslan Khodorovsky
Dina Okhrimovskaya Represented By
Aslan Khodorovsky
2:00 PM
Plaintiff(s):
Vsevolod Okhrimovski Represented By
Blake J Lindemann
2:00 PM
Adv#: 2:12-01858 Okhrimovski v. Okhrimovskaya
Docket 135
NONE LISTED -
Deny. See tentative ruling for matter no. 209. Debtor had an opportunity to attempt to avoid the Deal Memorandum under nonbankruptcy law and failed. Debtor had an opportunity to attempt to modify his support obligations under the Deal Memorandum under nonbankruptcy law and failed. This Court has already held that confirmation of the plan did not prevent enforcement of the Deal Memorandum and, as the language of the confirmation order itself made clear, it was never this Court's intent to permit the debtor to avoid his obligations under the Deal Memorandum by confirming the plan.
Debtor(s):
Vsevolod Okhrimovski Represented By
Blake J Lindemann
Defendant(s):
Dina Okhrimovskaya Represented By
Aslan Khodorovsky
Movant(s):
Vsevolod Okhrimovski Represented By
Blake J Lindemann
Vsevolod Okhrimovski Represented By
Blake J Lindemann
2:00 PM
Plaintiff(s):
Vsevolod Okhrimovski Represented By
Blake J Lindemann
2:00 PM
Adv#: 2:12-01858 Okhrimovski v. Okhrimovskaya
Docket 149
NONE LISTED -
Deny motion. There is no need for discovery concerning the issue of whether the parties were legally married. The parties in general, and the debtor/plaintiff specifically, are judicially estopped from arguing that they were not legally married. This chapter 11 case (which was not even plaintiff's first bankruptcy case) was filed on July 22, 2009. A plan was confirmed on May 31, 2011, after approval of a disclosure statement that described the debtor as married, but separated, and the debtor has never denied that the parties were legally married. This case has been litigated for years, and many judicial decisions were reached, including two decisions from the California Court of Appeals, relying on the parties mutual representations that they were married. The Court will not revisit this issue now.
Debtor(s):
Vsevolod Okhrimovski Represented By
Blake J Lindemann
Defendant(s):
Dina Okhrimovskaya Represented By
Aslan Khodorovsky
Movant(s):
Vsevolod Okhrimovski Represented By
Blake J Lindemann
2:00 PM
Vsevolod Okhrimovski Represented By
Blake J Lindemann
Plaintiff(s):
Vsevolod Okhrimovski Represented By
Blake J Lindemann
2:00 PM
Adv#: 2:12-01858 Okhrimovski v. Okhrimovskaya
fr. 9-11-12, 12-18-12, 2-26-13, 4-16-13, 6-11-13, 9-10-13, 1-14-14, 4-29-14,
7-29-14, 9-2-14, 11-4-14, 3-31-15, 10-6-15, 2-2-16, 5-10-16, 11-15-16,
11-30-16, 6-6-17, 10-17-17, 1-23-18, 4-25-18
Docket 1
NONE LISTED -
Court agrees that a general denial is not permissible in federal court. Set new deadline for defendant to file response to complaint. Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
9/21/12 -- Court signed order setting following dates:
Cont'd status conference -- December 18, 2012 at 2 L/D to file joint status report -- December 4, 2012 L/D to complete mediation -- December 18, 2012
L/D to lodge order appointing mediator -- October 9, 2012
L/D for defendant to file an amdned answer with specific denials and admissions -- October 9, 2012
9/21/12 -- Court issued OSC why defendant's answer should not be stricken and a default entered if the defendant fails to file an answer with specific denials and admissions by October 9, 2012. Hearing on OSC for December 18, 2012 at 2.
10/10/12 -- Court signed order appointing mediators.
2:00 PM
Tentative Ruling for December 18, 2012:
Continue status conference to January 15, 2013 at 2:00 p.m. to be heard concurrently with plaintiff's motion to dismiss counterclaim. Parties should conduct mediation as previously ordered by the Court. If parties need to lodge an order appointing additional mediators, they should do so and should be prepared to explain at the status conference why they have not taken steps to participate in mediation as previously directed by the Court in a diligent manner.
3/28/13 -- Court signed order approving stipulation continuing response and briefing deadlines and status conference to June 11, 2013 (not May 28) at 2:00 p.m. OFF CALENDAR FOR APRIL 16, 2013. NO APPEARANCE REQUIRED.
5/29/13 -- Court signed order approving stipulation continuing response and briefing deadlines and status conference to September 10, 2013 at 2:00 p.m. OFF CALENDAR FOR JUNE 11, 2013. NO APPEARANCE REQUIRED.
8/28/13 -- Court signed order approving stipulation continuing response and briefing deadlines and status conference to January 14, 2014 at 2:00 p.m. OFF CALENDAR FOR SEPTEMER 10, 2013. NO APPEARANCE REQUIRED.
1/7/14 -- Court signed order approving stipulation continuing response and briefing deadlines and hearing on motion to dismiss to April 29, 2014 at 2:00
p.m. OFF CALENDAR FOR JANUARY 14, 2014. NO APPEARANCE REQUIRED.
4/16/14 -- Court signed order approving stipulation continuing response and briefing deadlines and hearing on motion to dismiss to July 29, 2014 at 2:00
p.m. OFF CALENDAR FOR APRIL 29, 2014. NO APPEARANCE REQUIRED.
10/24/14 -- Court signed order approving stipulation continuing response and briefing deadlines and hearing on motion to dismiss to March 31, 2015 at
2:00 PM
2:00 p.m. OFF CALENDAR FOR NOVEMBER 4, 2014. NO APPEARANCE REQUIRED.
3/18/15 -- Court signed order approving stipulation continuing response and briefing deadlines and hearing on motion to dismiss to October 6, 2015 at 2:00 p.m. OFF CALENDAR FOR MARCH 31, 2015. NO APPEARANCE REQUIRED.
10/2/15 -- Court signed order approving stipulation continuing response and briefing deadlines and hearing on motion to dismiss to February 2, 2016 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 6, 2015. NO APPEARANCE REQUIRED.
1/25/16 -- Court signed stipulation continuing hearing to May 10, 2016 at 2 pm. OFF CALENDAR FOR FEBRUARY 2, 2016.
Tentative Ruling for May 10, 2016:
Revisit status of action after conclusion of hearing on motion to dismiss.
11/3/16 -- Court approved stipulation continuing status conference to November 30, 2016 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for November 30, 2016:
Per this court's local local rule, parties may not self-calendar motions for reconsideration. Hearing on motion for reconsideration has been taken off calendar. Court reviewed the parties' papers with regard to disputes concerning the form of the order and was satisfied with the order that it entered.
Provided the Court denies the motion for reconsideration, what, if anything, remains of this adversary proceeding? Hearing required.
5/24/17 -- Court approved stipulation continuing hearing to October 17, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 6, 2017.
2:00 PM
10/12/17 -- Court approved stipulation continuing hearing to JANUARY 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 17, 2017.
1/16/18 -- Court approved stipulation continuing hearing to April 25, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 23, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for April 25, 2018:
According to the parties' status report, the state court has adjudicated the parties' respective rights and obligations under state law and that adjudication has been affirmed on appeal. Is that correct? What claims remain to be resolved in this action? Which party plans to file a motion for summary adjudication and on what issues?
Hearing required.
Tentative Ruling for July 17, 2018:
What if anything remains of the adversary proceeding after resolution of the motions on calendar today? Hearing required.
Debtor(s):
Vsevolod Okhrimovski Represented By
Blake J Lindemann
Defendant(s):
Dina Okhrimovskaya Represented By
Aslan Khodorovsky
Plaintiff(s):
Vsevolod Okhrimovski Represented By
Blake J Lindemann
10:00 AM
Docket 6
NONE LISTED -
Court will prepare order vacating OSC as moot. Case has already been dismissed for failure to file schedules, etc. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Marilyn Panullo Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 12
NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Felipe Magno Nacionales Represented By Byron M Johnson
Joint Debtor(s):
Bernadette Cruz Nacionales Represented By Byron M Johnson
Movant(s):
TOYOTA MOTOR CREDIT Represented By Mary D Vitartas
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Greenlawn Water District, and Town of Huntington, New York fr. 5-30-18, 6-27-18
Docket 173
NONE LISTED -
Trustee cannot unilaterally continue hearing without court's consent once it is on the court's calendar. Why does the trustee want this matter continued.
6/15/18 -- Court approved stipulation continuing hearing to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR JUNE 27, 2018.
7/5/18 -- Court approved stipulation continuing hearing to August 15, 2018 at 10:00 a.m. OFF CALENDAR FOR JULY 18, 2018.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
10:00 AM
Compelling Turnover of Funds Held in Escrow As Estate Property Pursuant to 11 U.S.C. § 542
Abandonment of Estate Property Pursuant to 11 U.S.C. § 554
Docket 86
NONE LISTED -
Grant motion insofar as it seeks authority to abandon the three vehicles identified in the motion. With regard to the remainder of the relief, court cannot order turnover as against anyone other than the debtor without an adversary proceeding. Trustee actually seeks to compel buyer to perform its obligations in connection with sale agreement. Explore with trustee steps that might be taken to obtain required signatures.
Debtor(s):
California Sandblasting & Coating, Represented By
Alan F Broidy
Trustee(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
10:00 AM
Docket 255
NONE LISTED -
Court is confused. Motion seems to say contradictory things. Has the debtor made all payments required under the plan or has the debtor "commenced making payments to holders of secured claims and . . . already paid to holders of general unsecured claims more than a Chapter 7 Trustee would have paid in a Chapter 7 liquidation?" And what does the plan say? Debtor must do whatever the plan says she must do in order to obtain a discharge. (The judge's instructions on the court's internal form are not determinative.
The language of the plan and confirmation order are.)
Hearing required.
Debtor(s):
Idalia Roxana Castillo Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 147
7/17/18 - Linda Blank, (310)277-2236, has been approved for telephonic appearance on 7/18/18 @ 10am
Court disagrees with bank's contention that proposed counsel is overpriced or that the aggregate fees charged by this attorney will necessarily exceed those that would be charged by an attorney with a lower hourly billing rate. Fee structure proposed by counsel is not unreasonable. Debtor is not required to select attorney chosen by the bank to represent her in connection with dissolution proceedings. Court will review the fees requested at fee application time and will allow reasonable compensation for the services provided that benefit the estate. Overrule objection and grant application.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
10:00 AM
Docket 112
7/17/18 - Elissa Miller, (213-988-6682, has been approved for telephonic appearance on 7/18/18 @ 10am
Grant motion. Sustain trustee's objections. Disallow the exemptions claimed by the debtor under CCP section 703.140(b).
Debtor(s):
Young Keun Park Pro Se
Movant(s):
Elissa Miller (TR) Represented By Annie Y Stoops Aram Ordubegian Arent Fox
Trustee(s):
Elissa Miller (TR) Represented By Annie Y Stoops Aram Ordubegian Arent Fox
10:00 AM
Docket 49
NONE LISTED -
Applicant and UST entered into a stipulation resolving UST's objection, but form of the order will not work as an order approving the employment application and simply incorporates the terms of the stipulation by reference. (Court prefers orders that are meaningful on a stand alone basis.) Grant application on terms consistent with the parties' stipulation. Appearances waived. Counsel should lodge order granting application on terms consistent with stipulation. (Court will then delete the proposed order approving the stipulation as unnecessary.)
Debtor(s):
Essence Business Group, Inc. Represented By Thomas B Ure
10:00 AM
Docket 169
NONE LISTED -
Grant motion. Reopen case.
Debtor(s):
Ethel B Villaruel Represented By John H Bauer
10:00 AM
Docket 170
NONE LISTED -
Grant motion. Issue order granting debtor her discharge and reclosing case.
Debtor(s):
Ethel B Villaruel Represented By John H Bauer
10:00 AM
Docket 16
NONE LISTED -
Court is prepared to authorize use of cash collateral and approve stipulations, but form of orders should contain operative terms, not merely approve separate stand alone documents. Court would like, if possible, a single order setting forth the debtor's authority to use cash collateral and the adequate protection payments that it is required to make.
Debtor(s):
Hedieh Lee Represented By
Onyinye N Anyama
10:00 AM
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date.
When does debtor believe she will be in a position to propose a plan of reorganization? What has to happen before she will be in a position to propose a plan?
Is there a written lease with Henderson Mechanical? Is it at market? Is the rent current under that lease?
Hearing required.
Debtor(s):
Hedieh Lee Represented By
Onyinye N Anyama
Movant(s):
Hedieh Lee Represented By
Onyinye N Anyama
10:00 AM
#13.00 Notice of Motion and Motion for relief from the automatic stay REAL PROPERTY re: property located at 14 Coach Road, Escondido, California 92025
[OST]
fr. 6-20-18
Docket 27
NONE LISTED -
Tentative Ruling for June 20, 2018:
Court is not yet persuaded that this is a bad faith filing based solely on the fact of the timing of the transfer and filing. There is a large equity cushion and no history of prior filings. Continue hearing to same date and time as case status conference (July 18, 2018 at 10:00 a.m.), at which point, court will have a more fullsome understanding of whether this debtor is likely to be able to confirm a plan of reorganization within a reasonable period.
Final Ruling for June 20, 2018:
Continue hearing to July 18, 2018 at 10:00 a.m. Any supplemental opposition must be filed and served by July 2, 2018. Any replies must be filed and served by July 11, 2018.
Tentative Ruling for July 18, 2018:
Grant motion with waiver of Rule 4001(a)(3), but without other extraordinary relief.
10:00 AM
Debtor(s):
Arborwood LLC, a California Represented By Dayna C Chillas
10:00 AM
Docket 38
NONE LISTED -
Grant motion. If debtor would prefer that case be dismissed rather than converted, court agrees with movant that a bar to refiling is in order and, in light of eve of bankruptcy transfer to another entity, that bar should apply to the debtor and to any entity to whom the debtor may transfer the property.
Debtor(s):
Arborwood LLC, a California Represented By Dayna C Chillas
Movant(s):
United States Trustee (LA) Represented By Ron Maroko
10:00 AM
Docket 1
NONE LISTED -
Take status conference off calendar if case is dismissed.
Debtor(s):
Arborwood LLC, a California Represented By Dayna C Chillas
Movant(s):
Arborwood LLC, a California Represented By Dayna C Chillas
10:00 AM
fr. 4-4-18, 4-25-18, 5-30-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
136 H & D Accessories
10:00 AM
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
205 Rehab
10:00 AM
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
NONE LISTED -
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
10:00 AM
no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
2/6/18 -- Court approved stipulated form of order resolving objection to claim no. 6.
3/23/18 -- Court approved stipulation continuing hearing on objectio to claim no. 219 to April 25, 2018 at 10:00 a.m.
4/23/18 -- Court approved stipulation continuing hearings on objection to claim 219 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 24, 2018. NO APPEARANCE REQUIRED.
5/25/18 -- Court approved stipulation continuing hearings on objections to claim 219 to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018. NO APPEARANCE REQUIRED.
7/16/18 -- Court approved stipulated order resolving objection to claim no.
219. All other claims have already been resolved. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
10:00 AM
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 1-31-18, 4-4-18, 4-25-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
136 H & D Accessories
10:00 AM
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
205 Rehab
10:00 AM
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
NONE LISTED -
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
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no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
3/23/18 -- Court approved stipulation continuing hearing on objectio to claim no. 148 to April 25, 2018 at 10:00 a.m.
4/13/18 -- Court approved order continuing hearing on objection to claim no. 148 to May 30, 2018 at 10:00 a.m.
5/24/18 -- Court approved stipulation continuing hearings on objections to claim 148 to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018. NO APPEARANCE REQUIRED.
6/18/18 -- Court approved stipulation resolving claim objection. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
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Salesforce.com, Inc. and Yahoo!, Inc. Only - Claim Nos. 242, 272 and 292 by Stipulation/Order:
fr. 4-4-18, 4-25-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
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136 H & D Accessories
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
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205 Rehab
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
- NONE LISTED -
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
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no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
4/2/18 -- Court approved stipulation to continuing hearing on objection to claim no. 242 to April 25, 2018 at 10:00 a.m.
AS ALL PENDING OBJECTIONS HAVE NOW BEEN RESOLVED OR CONTINUED, OFF CALENDAR FOR APRIL 4, 2018.
4/15/18 -- Court continued hearings on objections to claim nos. 242, 272 and 292 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 25, 2018.
5/24/18 -- Court approved stipulation continuing hearings on objections to claims 242, 272 and 292 to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018. NO APPEARANCE REQUIRED.
7/16/18 -- Court approved stipulations resolving objections to claim nos. 272 and 292. Only unresolved objection is to claim no. 242.
7/16/18 -- Court approved stipulation continuing hearing on objection to claim no. 242 to August 15, 2018 at 10:00 a.m. OFF CALENDAR FOR JULY 18,
2018.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
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Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
fr. 1-31-18, 4-4-18, 4-25-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
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136 H & D Accessories
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC. - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC. - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
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205 Rehab
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
- NONE LISTED -
10:00 AM
1/19/18 -- Court approved stipulation continuing hearing on objection to claim no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/29/18 -- Movant has withdrawn objections to claim nos. 2, 335 and 123. Tentative Ruling for January 31, 2018:
Has debtor explored whether there are any affirmative defenses available to the holders of these claims? Are any of these ordinary course payments?
Are there any new value defenses? Has anyone made demand on any of these parties to return the allegedly preferential transfers? Does the debtor intend to pursue any of these transfers? If not, why not?
Hearing required.
Tentative Ruling for April 4, 2018:
What is the status of the reorganized debtor's objections to claim nos. 184 and 185? Have all other objections been resolved? Hearing required.
4/3/18 -- Court approved stipulation continuing hearings on objections to claims 184 and 185 to April 25, 2018 at 10:00 a.m. OFF CALENDAR FOR
APRIL 4, 2018. NO APPEARANCE REQUIRED.
4/23/18 -- Court approved stipulation continuing hearings on objections to claims 184 and 185 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR
APRIL 24, 2018. NO APPEARANCE REQUIRED.
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5/24/18 -- Court approved stipulation continuing hearings on objections to claims 184 and 185 to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR
MAY 30, 2018. NO APPEARANCE REQUIRED.
7/16/18 -- Court approved stipulation resolving objections to claims 184 and
185. All other objections already resolved. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
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#20.00 Liquidating Trustee's Omnibus Objection to Claims for Salesforce.com, Inc. - Claim no. 292; Yahoo! - Claim no. 272 ONLY from hearing held on 4/4//18:
fr. 1-31-18, 4-4-18, 4-25-18
Claim No. Claimant:
160 Alliance Apparel Group, Inc.
255 Amber Grapentin
289 Andersen Tax, LLC. - 1/29/18 - WITHDRAWAL OF OBJECTION TO CLAIM FILED.
31 Cape Robbin
140 Chambong Industries, LLC.
223 Conetempo Card Company, Inc.
275 Dina Benmoshe
274 Farfetch.com US, LLC.
181 Luv AJ, LLC.
248 Lyst Limited
321 National Union Fire Insurance Company of Pittsburgh
343 Odilza Vital
349 Printfresh, LLC. dba PF Vintage
224 Reward Style, Inc.
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292 Salesforce.com, Inc.
201 Shine Papers
71 So It Goes The Label
310 State Board of Equalization of California
318 Steps Apparel Group, Inc.
134 T&S Clothing, LC
176 The Book Cellar
261 Thrive Capital Partners, II, L.P.
155 Venroy Australia, LLC.
272 Yahoo!
202 American Express Travel Related Services Company, Inc
156 Arzz International, Inc. dba Schultz
30 Bagatelle International, Inc.
304 Bestseller Wholesale US, LLC.
253 B-Low The Belt
323 EKSD, Inc.
333 Envista, LLC.
158 Florii, Inc. dba ICCO
147 House of Zhivago PTY, LTD.
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65 JC Trimming Company, Inc.
267 Les Modes How Intl.
166 Love + Harmony, Inc.
38 Loveriche
319 Lucy Paris
133 Lux Los Angeles
193 Nesco Resource, LLC.
279 New Merit Apparel, Inc.
334 Nouveau Fabrics, Inc.
265 Premier Packaging, LLC.
63 Rustin and Mallory Wholesale LTD.
175 Scotch & Soda Export B.V.
105 Shoeboos LTD.
157 Six Crisp Days, Inc.
219 Systems Integration Specialists, Inc.
73 The Line-6ix, Inc.
90 Urge Footwear
10 Western Fashion, Inc.
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Docket 964
- NONE LISTED -
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 193, 202 and 219 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claim no. 319 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/29/18 -- Objections to claims 289 has been withdrawn. Tentative Ruling for January 31, 2018:
Claimant agrees that "claim" no. 261 is a proof of interest. Continue hearing on the objection to this claim for parties to agree upon form of order on objection.
Sustain objections to, and disallow, the following claims in their entirety: Claim nos:
160
255
289
31
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140
223
275
274
181
248
321
343
349
224
292
201
71
310
318
134
176
155
272
Sustain objections to, and disallow, the claims on Exhibit B to proposed order to the extent that they exceed the amounts set forth on Exhibit B, except for claim nos. 202, 147, 319, 193 and 219.
4/2/18 -- Court approved stipulation continuing hearings on objections to claim nos. 272 and 292 to April 25, 2018 at 10:00 a.m.
4/15/18 -- Court continued hearings on objections to claim nos. 272 and 292 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 25, 2018.
5/24/18 -- Court approved stipulation continuing hearings on objections to claims 272 and 292 to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR
MAY 30, 2018. NO APPEARANCE REQUIRED.
7/16/18 -- Court approved stipulations resolving objections to claim nos. 272 and 292. All other objections have been resolved. OFF CALENDAR. NO
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APPEARANCE REQUIRED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
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#21.00 Motion for Order Permitting Slinde & Nelson, LLC to Withdraw its Claim Pursuant to Federal Rule of Bankruptcy Procedure 3006
fr. 5-30-18, 6-27-18
Docket 232
- NONE LISTED -
5/21/18 -- Court approved stipulation continuing hearing to June 27, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
Tentative Ruling for June 27, 2018:
The fact that claimant did not realize that it was consenting to this court's jurisdiction with regard to the assertion of a counterclaim (and waiving its right to a jury trial) is not a basis for the withdrawal of the claimant's proof of claim. This court has jurisdiction to adjudicate claims against the firm in any event, as such claims would be within the bankruptcy court's related jurisdiction.
Similarly, the Court does have related jurisdiction over the debtor's claims against Stanford. If he in fact had nothing to do with this debtor and did not render services to the debtor and was not a partner of the firm during the relevant time period, he should move for summary judgment. The fact that he may prevail on affirmative defenses because he did not do anything wrong is a different issue from whether the court has jurisdiction to determine whether he did anything wrong.
Deny motion in its entirety.
Final Ruling for June 27, 2018:
Court views withdrawal of proof of claim as inextricably tied to abstention. If court denies request for abstention, it will not permit withdrawal. If court
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grants request to abstain, withdrawal might well be appropriate. Continue hearing to July 18, 2018 at 10:00 a.m. so that it may be heard concurrently with motion to abstain. Court should not abstain or permit withdrawal of proof of claim without addressing debtor's contention that prejudice will be created by the prospect that statute of limitations may run on July 27, 2018 on its malpractice claim.
Tentative Ruling for July 18, 2018:
Revisit motion after conclusion of hearing on motion to abstain.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
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fr. 10-4-17, 11-15-17, 2-14-18, 5-9-18, 5-30-18, 6-27-18
Docket 149
NONE LISTED -
9/28/17 -- Court approved stipulation continuing hearing to November 15, 2017 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for February 14, 2018:
What is the status of this matter? According to this Court's October 18 order, litigation against SNS is to be stayed until orders are entered resolving the Kamana Litigation. Has this occurred? If not, what is the parties' current time estimate as to when this is likely to have occurred. Hearing required.
2/23/18 -- Court signed scheduling order setting deadline of April 20, 2018 for movant to file an advesary proceeding against claimant asserting affirmative claims and any objections to claim. Hearing continued to May 9, 2018 at 10:00 am.
Tentative Ruling for May 9, 2018:
Has debtor filed an adversary proceeding against claimant? If so, should this claim objection be withdrawn without prejudice? Hearing required.
5/21/18 -- Court approved stipulation continuing hearing to June 27, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
Tentative Ruling for June 27, 2018:
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Revisit status of objection after conclusion of related matter on calendar.
Final Ruling for June 27, 2018:
Continue claim objection to date of hearing on motion to abstain (July 18, 2018 at 10:00 a.m.) If court elects to abstain, it will need to deal with issue raised by the debtor of possible statute of limitations problem raised by possible running of statute of limitations for malpractice claim on July 27, 2018.
Tentative Ruling for July 18, 2018:
Revisit status after conclusion of hearing on motion to abstain.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen
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Adv#: 2:18-01109 Lite Solar Corp. v. Slinde & Nelson, LLC et al
Mandatory Abstention, or in the Alternative
Permissive Abstention
Docket 15
NONE LISTED -
As court has previously indicated, it will not grant abstention without requiring as a condition to the grant that claimant withdraw its proof of claim and stipulate that the debtor may be added as a plaintiff to the malpractice claim and treated as if it had asserted its claims in a timely manner.
Parties agree that the court should grant a request for mandatory abstention only if all of the following factors are met: (1) motion is timely submitted; (2) matter is purely a state-law claim and a non-core proceeding; (3) there is no other basis for federal jurisdiction other than 28 U.S.C. 1334; (4) there is a parallel state court proceeding; (5) the state court proceeding can be timely adjudicated; and (6) a state court forum of appropriate jurisdiction exists.
Mandatory abstention is not warranted here. The allowance of the claim is a core proceeding and the claims of malpractice go directly to the allowance or disallowance of the claim. The court cannot adjudicate the claim without resolving these contentions. Diversity may be another available basis for federal jurisdiction, whether or not it is properly pled at the moment, and the state court proceeding, in its current form, is not parallel. (The parties would have to stipulate to make it so.)
Whether to grant permissive abstention is within the court's discretion. Christensen v. Tucson Estates, Inc. (in re Tucson Estates, Inc.), 912 F.2d 1162 (9th Cir. 1990), lists twelve factors that the court may consider in
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deciding whether to grant permissive abstention. (1) Effect on the administration of the bankruptcy estate; (2) The extent to which state law issues predominate; (3) Whether there is a basis for federal jurisdiction outside of 28 U.S.C. 1334; (5) How closely the adversary proceeding is related to the main bankruptcy case; (6) The substance rather than the form of the core proceeding; (7) The feasibility of severing the state law claims from the core proceeding; (8) Burden on the court’s docket; (9) The presence of forum shopping; (10) The right to a jury trial; (11) Presence of non-debtor parties.
Hearing required.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Slinde & Nelson, LLC Represented By David L. Neale Irving M Gross
Darian A. Stanford Represented By Irving M Gross
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
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fr. 4-15-15, 5-11-16, 11-9-16, 5-24-17, 1-10-18
Docket 174
NONE LISTED -
Relief from stay has already been granted to permit the parties to resolve their respective disputes in state court. Continue hearing on claim objection along with case status conferences as parties move forward with state court litigation.
5/9/16 -- Court approved stipulation continuing hearing to November 9, 2016 at 11:00 a.m. OFF CALENDAR FOR MAY 11, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for November 9, 2016:
Continue status conference on objection and case status conference to May 24, 2017 at 11:00 a.m. Reorganized debtor should file updated status report not later than May 15, 2017. Appearances waived on November 9, 2016.
Tentative Ruling for May 24, 2017:
Court did not receive service copy of status report (which was due on May 15, but filed on May 18, 2017). Perhaps that is because it was addressed to the bin outside of Suite 1482, which does not exist anymore. Judge Bluebond is now in Suite 1534.
Counsel for the reorganized debtor states on page 3, at lines 21-22 of the report, "Trial is set for September 11, 2017, the trial is not expected to be
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continued." Yet attached to the status report is a copy of a stipulation to amend the case management order in which the parties request that the trial date be continued from September 11, 2017 to January 29, 2018 at 9:00 a.m. Perhaps counsel is trying to say that he does not believe the state court will grant the parties' mutual request for a continuance of the trial date?
Court is now confused. When do the parties actually anticipate that trial of the state court action is likely to occur? Hearing required.
Final Ruling for May 24, 2017:
Continue status conference to January 10, 2018 at 11:00 a.m.
Tentative Ruling for January 10, 2018:
Court has reviewed the reorganized debtor's status report. Continue status conference to July 18, 2018 at 11:00 a.m. APPEARANCES WAIVED ON JANUARY 10, 2018.
4/18/18 -- Court approved compromise concerning reduction of $150,000 to Hospital's claim.
Tentative Ruling for July 18, 2018:
Court has reviewed the reorganized debtor's case status report. Continue status conference to March 20, 2019 at 11:00 a.m. APPEARANCES WAIVED ON JULY 18, 2018.
Debtor(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
11:00 AM
Movant(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
11:00 AM
fr. 7-30-14, 8-20-14, 11-19-14, 1-21-15, 4-15-15, 10-14-15, 4-13-16, 11-9-16,
5-24-17, 1-10-18
Docket 1
NONE LISTED -
6/18/14 -- At hearing held this date, Court continued case status conference to August 20, 2014 at 11:00 a.m. Debtor should file status report not later than August 6, 2014. OFF CALENDAR FOR JULY 30, 2014. NO APPEARANCE REQUIRED.
Tentative Ruling for August 20, 2014:
Debtor has withdrawn its request for authority to use cash collateral. If debtor has no ongoing operations and will not have any employees, should this case be converted to chapter 7? Hearing required.
8/26/14 -- Court signed scheduling order setting following dates: L/D to serve notice of bar date -- September 1, 2014
Bar date -- November 30, 2014
Cont'd status conference -- November 19, 2014 at 11:00 L/D to file updated status report -- November 10, 2014
Tentative Ruling for November 19, 2014:
Set deadline for filing plan and continue case status conference to date that can serve as hearing on disclosure statement.
11/25/14 -- Court signed order setting following dates:
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L/D to file plan and disclosure statement -- December 15, 2014 Hearing on disclosure statement -- January 21, 2015 at 2:00 p.m. Cont'd status conference -- January 21, 2015 at 2:00 p.m.
Tentative Ruling for January 21, 2015:
If court approves disclosure statement, continue status conference to date of confirmation hearing. If court continues hearing on disclosure statement, continue case status conference to same date.
Tentative Ruling for April 15, 2015:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for October 14, 2015:
Court has reviewed reorganized debtor's status report. Continue status conference to April 13, 2016 at 11:00 a.m. Reorganized debtor should file updated status report not later than April 4, 2015.
Tentative Ruling for April 13, 2016:
Court has reviewed reorganized debtor's status report. Continue status conference to November 9, 2016 at 11:00 a.m. Reorganized debtor should file updated status report not later than October 31, 2016.
Tentative Ruling for November 9, 2016:
Continue status conference on objection and case status conference to May 24, 2017 at 11:00 a.m. Reorganized debtor should file updated status report not later than May 15, 2017. Appearances waived on November 9, 2016.
Tentative Ruling for May 24, 2017:
Continue case management conference to same date and time as continued hearing on claim objection.
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Final Ruling for May 24, 2017:
Continue status conference to January 10, 2018 at 11:00 a.m. Reorganized debtor should file and serve updated status report not later than December 22, 2017.
Tentative Ruling for January 10, 2018:
Court has reviewed the reorganized debtor's (belated) status report.
Continue case status conference to July 18, 2018 at 11:00 a.m. Reorganized debtor should file updated status report not later than July 6, 2018.
APPEARANCES WAIVED ON JANUARY 10, 2018.
Tentative Ruling for July 18, 2018:
Court has reviewed the reorganized debtor's case status report. Continue status conference to March 20, 2019 at 11:00 a.m. Reorganized debtor should file updated status report not later than March 8, 2018.
APPEARANCES WAIVED ON JULY 18, 2018.
Debtor(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
Movant(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
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fr. 5-30-18, 6-6-18
Docket 448
NONE LISTED -
5/29/18 -- Court approved stipulation continuing hearing to June 6, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
Tentative Ruling for June 6, 2018:
Court cannot evaluate the merits of the claim unless claimant first provides a breakdown of the manner in which the claim amounts were calculated. Give claimant one last opportunity to provide such a breakdown. Once the Court has the breakdown, it can evaluate the other objections leveled by the debtor.
7/16/18 -- Court approved stipulation continuing hearing to September 5, 2018 at 10:00 a.m. OFF CALENDAR FOR JULY 18, 2018.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
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fr. 8-2-17, 11-15-17, 4-10-18
Docket 97
NONE LISTED -
See tentative ruling on matter no. 9.
11/3/17 -- Court approved stipulation continuing hearing to January 24, 2018 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017. NO APPEARANCE REQUIRED.
1/18/18 -- Court approved stipulation continuing hearing to April 10, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 24, 2018. NO APPEARANCE REQUIRED.
3/27/18 -- Court approved stipulation continuing hearing to July 18, 2018 at 11:00 a.m. OFF CALENDAR FOR APRIL 10, 2018. NO APPEARANCE REQUIRED.
7/2/18 -- Court approved stipulation continuing hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR JULY 18, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
Shawn M Christianson
11:00 AM
Movant(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
Shawn M Christianson
11:00 AM
Docket 1
NONE LISTED -
Court has a variety of questions:
Debtor owns a license to use the intellectual property on which its business is founded and not the intellectual property itself? Who owns the intellectual property?
Are there ongoing payments due under the license agreement and, if so, at what rate?
Did the court grant relief from stay to permit the state court trial to proceed forward?
What causes of action have been alleged in Mr. Kolokotrones' complaint?
Which of the employees listed on exhibit A are insiders?
What do the following entries on the cash flor projection mean:
AWS;
USC Buyout DW
What kinds of expenses fall under the heading, "miscellaneous." Hearing required
12/20/16 -- Court signed scheduling order setting following dates:
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Cont'd case management conference -- March 15, 2017 at 11:00 a.m. L/D to serve and file updated status report -- March 3, 2017
L/D to complete a day of mediation -- January 17, 2017
L/D to lodge order appointing mediator -- December 30, 2016
1/20/17 -- Court approved stipulation extending deadline for completion of settlement conference to February 17, 2017.
Tentative Ruling for March 15, 2017:
Set deadline for serving notice of bar date and bar date. Continue status conference approximately 90 days.
Tentative Ruling for June 14, 2017:
Debtor served notice of bar date, but never lodged order setting bar date. Court needs order establishing that date (which should reflect original dates set -- L/D to serve notice of bar date-March 22, 2017; Bar date-May 31, 2017). (Court signed scheduling order with these dates on June 22, 2017.)
Court has reviewed debtor's status report. How long does the debtor think it will be before the state court rules on the pending motions for summary judgment? Hearing required.
Tentative Ruling for September 13, 2017:
Court has reviewed debtor's status report. Continue case status conference to November 15, 2017 at 11:00 a.m. Debtor should file updated status report not later than November 3, 2017. Appearances waived on September 13, 2017.
11/3/17 -- Court approved stipulation continuing hearing to January 24, 2018 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017. NO APPEARANCE REQUIRED.
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1/18/18 -- Court approved stipulation continuing hearing to April 10, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 24, 2018. NO APPEARANCE REQUIRED.
3/27/18 -- Court approved stipulation continuing hearing to July 18, 2018 at 11:00 a.m. OFF CALENDAR FOR APRIL 10, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
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Docket 1
NONE LISTED -
Tentative Ruling for May 30, 2018:
In response to emergency motions, court entered an order setting bar date of June 11, 2018.
Debtors should file motions to extend the time to assume or reject its leases or obtain a written stipulation extending these deadlines. Court cannot have debtors' principal with the additional leverage over the debtors of a deemed rejection of their sublease.
Final Ruling for May 30, 2018:
Continue case status conference to July 18, 2018 at 11:00 a.m. Debtor should file updated status report not later than July 6, 2018, unless debtor's motion to dismiss is on file and set for hearing the same date. (Lease expires July 31, 2018. Debtor is expecting extension but doesn't have document yet.) (Parties have reached a preliminary settlement and anticipate that they will be moving to dismiss bankruptcy case.)
Tentative Ruling for July 18, 2018:
Debtor filed updated status report on July 6. Documents filed less than two weeks prior to hearing date must be served on judge by some expedited means, not merely by U.S. Mail to ensure that judge receives service copy.
11:00 AM
Debtors are still reporting that they plan to move to dismiss. When do parties anticipate that such a motion will be filed?
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
11:00 AM
Docket 1
NONE LISTED -
See tentative ruling for matter no. 105.
Debtor(s):
OptometRx Optometry, Inc. Represented By Robert M Yaspan
2:00 PM
Docket 422
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Diamond Decisions Inc Represented By Alan G Tippie
Howard Grobstein
Trustee(s):
HOWARD Grobstein Represented By David B Golubchik
Anthony A Friedman
Levene Neale Bender Rankin & Brill LLP Lindsey L Smith
2:00 PM
Docket 63
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Juan Carlos Mejia Represented By James T King
Joint Debtor(s):
Flor Mejia Represented By
James T King
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Docket 349
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Castle Trading, Inc Represented By David L Oberg
Trustee(s):
Richard K Diamond (TR) Represented By Eric P Israel Kevin Meek
George E Schulman Michael G D'Alba
2:00 PM
Docket 81
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
ASC Group. LLC Represented By Christopher P Walker
------- Dumas & Associates
Trustee(s):
Carolyn A Dye (TR) Represented By Christian T Kim James A Dumas Jr
2:00 PM
Docket 40
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Silver and Gray Home Care, LLC Represented By
Christopher P Walker
------- Dumas & Associates
Trustee(s):
Carolyn A Dye (TR) Represented By Christian T Kim James A Dumas Jr
2:00 PM
Docket 45
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Jeffrey Marduce Represented By Stephen Parry
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jessica Vogel
2:00 PM
Docket 74
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Demetrius L Reed Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:00 PM
Docket 43
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Lizandro Salas Represented By Leon D Bayer
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Docket 23
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Ryan Matthew Oltman Represented By
Raj T Wadhwani
Joint Debtor(s):
Kimberly Rene Oltman Represented By
Raj T Wadhwani
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
Docket 23
NONE LISTED -
Debtor provided a declaration in which he attests that he was helped and given advice with regard to assorted bankruptcy issues by Erika Barboza.
Ms. Barboza has provided a declaration in which she claims that she has never met the debtor and all she did was act as a messenger in response to a request from Nidia Martinez Nidia Martinez has filed two declarations, claiming that she has never met the debtor and all she did was contact Ms.
Barboza to act as a messenger in response to a request from her office neighbor, Cecilia Mendoza, to find a messenger to take something to bankruptcy court.
Hearing required.
Debtor(s):
Juan Jose Vasquez Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
[OST]
Docket 52
7/17/18 - Monique Jewett-Brewster, (408)299-1428, has been approved for telephonic appearance on 7/19/18 @ 10am
Hearing required.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
11:00 AM
Docket 68
NONE LISTED -
Discuss with debtor why she wants to reaffirm this debt and whether there is any reason to reopen this case.
Debtor(s):
Olga Cordova Represented By
Leroy Bishop Austin
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Docket 8
NONE LISTED -
OFF CALENDAR. MOVED TO AUGUST 23, 2018 AT 9:30 A.M.
Debtor(s):
Shana Lynn Yao Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 9
NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Fredy Alexander Paredes Represented By Lauren M Foley
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Docket 23
NONE LISTED -
How much are the monthly payments for this vehicle and why does the debtor need to drive such an expensive vehicle? Hearing required.
Debtor(s):
Steve Yong Bae Represented By
James D. Hornbuckle
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
Docket 17
6/22/18 – Joseph Pleasant, (760) 201-8919, has been approved for telephonic appearance on 7/19/18 @ 11am
NONE LISTED -
Debtor(s):
Laura E. Gonzalez Represented By Beatriz Chen
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Shonda Jean Day Represented By Daniel King
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 35
NONE LISTED -
Debtor(s):
Pedro Gamboa Banuelos Represented By Christopher J Lauria
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Docket 20
NONE LISTED -
NONE LISTED -
Debtor(s):
Hector M Vieyra Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Herlinda Ruiz Alejandre Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Docket 13
NONE LISTED -
Agreement makes reference to a $3,000 down payment. Does debtor have this money? What is the source of the funds? Hearing required.
Debtor(s):
Carlos Manuel Ramirez Represented By Lauren M Foley
Joint Debtor(s):
Irma Ramirez Represented By Lauren M Foley
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
Agreement makes reference to there being $730.90 due. Does debtor have this money? Hearing required.
Debtor(s):
Tiffany Russell Gamble Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 14
NONE LISTED -
OFF CALENDAR.
Debtor(s):
Alejandro Iglesias Jr. Represented By Barry E Borowitz
Joint Debtor(s):
Jessica Jade Iglesias Represented By Barry E Borowitz
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 12
NONE LISTED -
OFF CALENDAR.
Debtor(s):
Alejandro Iglesias Jr. Represented By Barry E Borowitz
Joint Debtor(s):
Jessica Jade Iglesias Represented By Barry E Borowitz
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 16
NONE LISTED -
NONE LISTED -
Debtor(s):
ISAGANI D MORALES Represented By Emmanuel P Castro
Joint Debtor(s):
Rucile Morales Represented By Emmanuel P Castro
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
James Donald Davidson Jr. Represented By
Lisa F Collins-Williams
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
This is a reaffirmation agreement for a house. Court does not need to approve, but debtor could rescind. Why does debtor want to affirm?
Debtor(s):
Kareena Robles Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
Docket 19
NONE LISTED -
NONE LISTED -
Debtor(s):
Blanca Griselda Sosa Represented By Benard C Udeozor
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Amelia Lopez Represented By Lauren M Foley
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Silvia Caceres Represented By Lauren M Foley
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 15
NONE LISTED -
NONE LISTED -
Debtor(s):
Silvia Caceres Represented By Lauren M Foley
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 17
NONE LISTED -
NONE LISTED -
Debtor(s):
Nidia Beatris Santos Rodriguez Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 8
NONE LISTED -
Debtor's attorney signed agreement and checked box, certifying that, in his opinion, debtor will be able to make payments. Court approval is not required. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Edgar Eduardo Catalan Represented By Floyd Aragon
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 14
NONE LISTED -
NONE LISTED -
Debtor(s):
Mayra Rodriguez Urroz Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
11:00 AM
Docket 15
NONE LISTED -
NONE LISTED -
Debtor(s):
Kenneth Hellmut Hirscht Represented By Michael E Clark
Joint Debtor(s):
Yolanda Hirscht Represented By Michael E Clark
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
Docket 17
NONE LISTED -
NONE LISTED -
Debtor(s):
Knarik Baghramian Represented By Robert T Chen
Trustee(s):
Wesley H Avery (TR) Pro Se
11:00 AM
Docket 8
NONE LISTED -
NONE LISTED -
Debtor(s):
Charlene Ying Chih Ho Kershaw Represented By
Michael E Clark
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
Docket 26
NONE LISTED -
NONE LISTED -
Debtor(s):
CARLOS ANTONIO CORLETTO Represented By
Chellei G Jimenez
Joint Debtor(s):
HAYDEE VERONICA CORLETTO Represented By
Chellei G Jimenez
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
Docket 13
NONE LISTED -
NONE LISTED -
Debtor(s):
Luis Felipe Romualdo Represented By Philomena N Nzegge
Joint Debtor(s):
Guadalupe Michelle Romualdo Represented By Philomena N Nzegge
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 17
NONE LISTED -
NONE LISTED -
Debtor(s):
Liann Torrentos Represented By Elena Steers
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Violeta Calderon Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Joel L Gonzalez Represented By Marc Weinberg
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
Docket 9
NONE LISTED -
Debtor appears to be co-signor. Says he isn't responsible for making payments.
Debtor(s):
Jose Enrique Amaya Represented By
Michael H Colmenares
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Sharlene Dagmar Luckett Represented By Daniel King
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 15
NONE LISTED -
Not on mandatory form.
Debtor(s):
Monica Martinez Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 9
NONE LISTED -
Debtor(s):
Christian Arnaz Straughter Represented By Gregory Grigoryants
Trustee(s):
Sam S Leslie (TR) Pro Se
11:00 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Ferdinand Alvarez Represented By Raymond J Bulaon
Joint Debtor(s):
Vicky De Leon Alvarez Represented By Raymond J Bulaon
Trustee(s):
Wesley H Avery (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Regina Sarah Smith Represented By Barry E Borowitz
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Ricky Lee Rowe Represented By Peter M Lively
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Marcos Tito Gomez Represented By Lauren M Foley
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
Docket 7
NONE LISTED -
NONE LISTED -
Debtor(s):
Michael Wayne Torres Represented By Michael E Clark
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 14
NONE LISTED -
(Attorney requested leave to appear telephonically.) Not on mandatory form.
Debtor(s):
ROBIN M. STUART Represented By Leonardo Drubach
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 7
NONE LISTED -
NONE LISTED -
Debtor(s):
Michael Bulaon Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 13
NONE LISTED -
NONE LISTED -
Debtor(s):
Jason Maurice Jaloma Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Docket 7
NONE LISTED -
Not on mandatory form.
Debtor(s):
Rosa Candida Amaya Ramos Represented By Omar Zambrano
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Alejandra Cabral Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 7
NONE LISTED -
Debtor reports that her father makes the monthly payments.
Debtor(s):
Rosa Jacqueline Rodas Represented By
Sevag Nigoghosian
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
On calendar in error. Debtor has attorney who has signed reaffirmation agreement. Court approval is not required. APPEARANCES WAIVED.
Debtor(s):
Angela Mariea Chavez Represented By
Michael H Colmenares
Joint Debtor(s):
Jose Alejandro Jauregui Represented By
Michael H Colmenares
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
1:00 PM
Adv#: 2:16-01265 United States Trustee for the Central District of v. Robledo
fr. 8-9-16, 11-15-16, 2-28-17, 3-7-17, 5-16-17, 8-15-17, 3-20-18
Docket 1
NONE LISTED -
Hearing required.
Debtor(s):
Francisco Javier Robledo Represented By Gary Leibowitz
Defendant(s):
Francisco Javier Robledo Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Kelly L Morrison Ron Maroko
Trustee(s):
Jason M Rund (TR) Represented By Thomas H Casey Kathleen J McCarthy
10:00 AM
MOVANT: MERCEDES-BENZ FINANCIAL SERVICS USA, LLC.
Docket 14
7/23/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 7/31/18 @ 10am
7/25/18 - Randy Mroczynski, (714)431-1026, has been approved for telephonic appearance on 7/31/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Denitra Gail Smith Represented By David P Farrell
Movant(s):
Mercedes-Benz Financial Services Represented By
Jennifer H Wang
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: AMERICAN HONDA FINANCE CORPORATION
Docket 9
7/24/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 7/31/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Amilcar V Sandoval Pro Se
Joint Debtor(s):
Maria Del Carmen Villanueva Pro Se
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION
Docket 10
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Jaime V Pasaye, Jr Represented By Jorge A Meza
Joint Debtor(s):
Gabriella Alexandra Pasaye Represented By Jorge A Meza
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: DAVID JENTZ
Docket 7
7/27/18 - Rebecca Lang, (619) 234-1690, has been approved for telephonic appearance on 7/31/18 @ 10am
Grant motion, including waiver of Rule 4001(a)(3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included multiple bankruptcy filings affecting this property. (Order show reflect that court is not making a finding that debtor was part of this scheme.)
Debtor(s):
Oswaldo Enrique Lopez Avilez Pro Se
Movant(s):
David Jentz Represented By
Rebecca L Lang
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
MOVANT: AHMED HASSAN
Docket 9
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Robert Cavallarin Pro Se
Movant(s):
Ahmed Hassan Represented By Paul E Gold
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: MERCEDES-BENZ FINANCIAL SERVICES USA, LLC.
Docket 119
7/23/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 7/31/18 @ 10am
7/25/18 - Randy Mroczynski, (714)431-1026, has been approved for telephonic appearance on 7/31/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Young Keun Park Pro Se
Movant(s):
Mercedes-Benz Financial Services Represented By
Randall P Mroczynski
Trustee(s):
Elissa Miller (TR) Represented By Annie Y Stoops Aram Ordubegian Arent Fox
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 15
NONE LISTED -
(Court signed order converting case to chapter 13 on June 27, 2018.)
OFF CALENDAR. MOVANT SHOULD CONTACT CHAMBERS OF JUDGE KLEIN TO OBTAIN NEW HEARING DATE.
Debtor(s):
Margarita Lagmay Represented By
James Geoffrey Beirne
Joint Debtor(s):
Jonathan Lagmay Represented By
James Geoffrey Beirne
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Kathy A Dockery (TR) Pro Se
10:00 AM
MOVANT: NATIONSTAR MORTGAGE LLC fr. 5-29-18, 7-17-18
Docket 79
7/12/18 - JaVonne Phillips, (619) 243-3970, has been approved for telephonic appearance on 7/17/18 @ 10am
Tentative Ruling for July 17, 2018:
Grant without waiver of Rule 4001(a)(3). Final Ruling for July 17, 2018:
Continue hearing to July 31, 2018 at 10:00 a.m. Parties should file supplemental declarations with a breakdown of how much is due lender and what the closing costs would be not later than July 24, 2018.
Tentative Ruling for July 31, 2018:
Creditor's supplemental declaration confuses the concept of equity and equity cushion. For the purpose of assessing whether there is equity in the property for the purpose of applying section 362(d)(2), the Court will deduct the junior lien, but does not deduct costs of sale.
Therefore, if the value of the property is $2,000,000, there is equity in the property for the purpose of section 362(d)(2) (not much, but some). (Debtor claims in a declaration that the junior lien has been extinguished, so perhaps there is even more equity.)
On the other hand, if the Court is assessing whether there is a sufficient equity cushion to provide adequate protection, the Court will consider the costs of sale, but not the junior lien. Therefore, for the purpose of applying section 362(d)(1), if the value of the property is $1.7 million, there is no equity cushion, as the amount due movant exceeds the value. If, on the other hand, the value of the property is $2,000,000, there will be an equity cushion of
$140,295.65. However, this is insufficient to provide adequate protection, as the costs of sale
10:00 AM
alone are $136,000.
Grant the motion under section 362(d)(1) only (without waiver of Rule 4001(a)(3)).
Debtor(s):
Raymond Gerald Paret Represented By Onyinye N Anyama
Movant(s):
Nationstar Mortgage LLC as Represented By Merdaud Jafarnia
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Adv#: 2:18-01232 Thrifty Oil Co. et al v. Rickley et al
[OST]
Docket 5
NONE LISTED -
Court does not agree that underlying bankruptcy case necessarily needs to be reopened. Authority cited by movant stands for the proposition that it is not an abuse of discretion for a bankruptcy court to remand a matter on the ground that the underlying case has been closed, particularly where the notice of removal is untimely, which is a very different matter. Just as court can retain jurisdiction over an adversary proceeding after a bankruptcy case has been closed, it may adjudicate an adversary proceeding that has been removed after closure as well.
Plaintiff's have asserted an affirmative defense in the defendants' cross complaint, arguing that certain claims are "barred and enjoined" based on events that transpired in debtor's bankruptcy case. It is more appropriate for these defenses to be adjudicated by the bankruptcy court, rather than by the state court.
Deny motion, or continue hearing on motion from time to time to give the court an opportunity to resolve the bankruptcy related issues, at which point, the matter may be remanded to state court. Discuss with parties procedures and timing for resolving bankruptcy issues.
Defendant(s):
Rebecca A Rickley Represented By Natasha Roit
10:00 AM
Natasha Roit Represented By
Natasha Roit
Plaintiff(s):
Thrifty Oil Co. Represented By Matthew S Covington
Bernard D Bollinger Jr
Tesoro Refining and Marketing Represented By Matthew S Covington
Bernard D Bollinger Jr
2:00 PM
Adv#: 2:15-01545 Mastan v. Kim et al
fr. 4-25-17, 8-1-17, 10-3-17, 11-14-17, 12-19-17, 1-30-18, 2-13-18, 5-15-18
Docket 1
NONE LISTED -
A notation on the file reflects that Judge Donovan set August 1, 2017 as a discovery cutoff and instructed plaintiff to lodge a scheduling order. Was such an order ever lodged?
Where is the joint (or collective) status report that should have been filed two weeks prior to the April, 2017 status conference? The most recent status report that the Court was able to locate was dated February 15, 2017 and was prepared for a March 1, 2017 status conference.
Order the parties to complete a day of mediation prior to the date of the next status conference.
4/28/17 -- Court approved scheduling order with following dates: Discovery cutoff -- 10/2/17
L/D to lodge order appointing mediator -- 5/30/17 L/D to complete mediation -- 8/1/17
Cont'd status conference -- August 1, 2017 at 2:00 p.m. L/D to file joint status report -- July 18, 2017
2:00 PM
6/9/17 -- Court approved stipulation continuing deadline to complete mediation and discovery cutoff to October 3, 2017 and continuing status conference to October 3, 2017 at 2:00 p.m.
8/23/17 -- Court approved order appointing mediators.
9/7/17 -- Court approved stipulation continuing discovery cutoff to October 31, 2017 and continuing status conference to November 14, 2017 at 2:00 p.m.
OFF CALENDAR FOR OCTOBER 3, 2017.
10/12/17 -- Court approved stipulation continuing discovery cutoff to November 30, 2017 and continuing status conference to December 19, 2017
at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 14, 2017.
12/1/17 -- Court approved stipulation continuing discovery cutoff to January 15, 2018 and continuing status conference to January 30, 2018 at 2:00 p.m.
OFF CALENDAR FOR DECEMBER 19, 2017.
1/3/18 -- Court approved stipulation continuing discovery cutoff to February 13, 2018 and continuing status conference to February 13, 2018 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 30, 2018.
Tentative Ruling for February 13, 2018:
Where is the joint status report that was due two weeks before the status conference? What is the status of this matter? Hearing required.
2/9/18 -- Court approved stipulation continuing hearing to May 15, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
5/11/18 -- Court approved stipulation continuing status conference to July 31, 2018 at 2:00 p.m. and continuing discovery cutoff to July 31, 2018. OFF
CALENDAR FOR MAY 15, 2018.
6/13/18 -- Court approved compromise that calls for payments over time to trustee.
2:00 PM
7/6/18 -- Court approved stipulation dismissing action as against Loren Chang.
Tentative Ruling for July 31, 2018:
What, if anything, is left of this action? Hearing required.
7/26/18 -- Court approved stipulation continuing discovery cutoff to October 16, 2018 and continuing status conference to October 16, 2018 at 2:00 p.m.
OFF CALENDAR FOR JULY 31, 2018.
Debtor(s):
WELCOME MANAGEMENT Represented By Phillip H Kwon
Defendant(s):
Sang Hyun Kim Represented By Peter A Kim
Helen Pak Represented By
Peter A Kim
Loren Chang Represented By
Patricia M Bakst
Hope Healthcare Management, Inc. Represented By
Peter A Kim
Plaintiff(s):
Peter J Mastan Represented By Kyra E Andrassy
Trustee(s):
Peter J Mastan (TR) Represented By
Lei Lei Wang Ekvall Kyra E Andrassy
2:00 PM
2:00 PM
Adv#: 2:14-01753 Douglas v. Oroumieh
Docket 49
NONE LISTED -
Hearing required.
Debtor(s):
Robert Oroumieh Pro Se
Defendant(s):
Robert Oroumieh Represented By Randolph R Melendez
Plaintiff(s):
Frederic M Douglas Pro Se
Trustee(s):
David A Gill (TR) Represented By Steven J Schwartz Eric P Israel
2:00 PM
Adv#: 2:14-01753 Douglas v. Oroumieh
fr. 1-23-18, 3-20-18, 5-30-18
Docket 1
NONE LISTED -
Tentative Ruling for May 30, 2018:
Where is the revised pretrial order that should have been lodged by May 16, 2018? Hearing required.
Final Ruling for May 30, 2018:
Plaintiff failed to appear and defendant's counsel has not heard from him. Continue pretrial conference to July 31, 2018 at 2:00 p.m. Court will issue OSC why action should not be dismissed for failure to prosecute based on plaintiff's failure to attend pretrial conference and failure to participate in lodging a joint pretrial order. Oppositions will be due by July 17, 2018.
Tentative Ruling for July 31, 2018:
Plaintiff filed a notice of lodgment of a unilateral pretrial order but did not lodge the pretrial order. Why is this unilateral? Where is the accompanying declaration? (Apparently, plaintiff included explanation of why this pretrial order is unilateral in his response to OSC, which is confusing to say the least.)
2:00 PM
Court does not want two unilateral pretrial orders. If the parties agree on an issue, it goes on the list of undisputed facts. Defendant should not refuse to put an issue on the list of undisputed facts if defendant has no intention of disputing that fact at trial. If either party wants to include an issue on the list of disputed issues, it should go on the list of disputed issues. Consent of the other party is not required. If for some reason (which should be articulated), one of the parties believes that a particular disputed issue is not an issue in this case, another paragraph should be added reflecting that one of the parties (who should be identified) disputes that this is an issue. This is not a complicated process.
Hearing required.
Debtor(s):
Robert Oroumieh Pro Se
Defendant(s):
Robert Oroumieh Represented By Randolph R Melendez
Plaintiff(s):
Frederic M Douglas Pro Se
Trustee(s):
David A Gill (TR) Represented By Steven J Schwartz Eric P Israel
2:00 PM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
fr. 4-3-18, 6-5-18
Docket 94
NONE LISTED -
Tentative Ruling for April 3, 2018:
BRCA concedes that it is in possession of documents/records/files that formerly belonged to ORCB. A subpoena to the custodian of records for BRCA is therefore sufficient to access records that once belonged to ORCB. Trustee is correct that he holds the debtor's attorney/client privilege and is the successor to the debtor. A client is permitted to demand the turnover of its files. The trustee can do so with regard to/on behalf of the debtor. Moreover, under Bankruptcy Code section 542(e), the Court may order an attorney in possession of books, documents, records and papers relating to the debtor's property or financial affairs to turn them over to the trustee.
Grant the motion. BRCA must deliver to the trustee the same records, files, etc. that it would be required to turnover to the debtor if the debtor asked for its records and files outside of bankruptcy. No documents may be withheld on the ground of attorney/client privilege. If there are any documents that the firm believes may be withheld on work product grounds, firm will need to identify and describe those documents on a privilege log so that the court can determine whether it is appropriate for such documents to be withheld.
Sanctions should be imposed on BRCA to cover the fees and costs associated with the trustee's having to bring this motion. Set continued hearing to determine the amount of such fees.
2:00 PM
Final Ruling for April 3, 2018:
Continue hearing to June 5, 2018 at 2:00 p.m. BCRA should produce by May 14, 2018 all documents that have been requested that are within its custody or under its control and provide a log of any documents within its possession or under its control that it is refusing to produce. Log should include date, all recipients of the document, a brief description of the document and its contents and an explanation of why the document was withheld.
Tentative Ruling for June 5, 2018:
Has BRCA complied with the instructions given by the Court at the last hearing?
5/7/18 -- Court approved stipulation continuing discovery cutoff to October 31, 2018.
7/2/18 -- Court approved stipulation continuing hearing to November 6, 2018 at 2:00 p.m. OFF CALENDAR FOR JULY 31, 2018.
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By J Scott Bovitz
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By John P Kreis
Caroline Su Kyu Shieh Represented By John P Kreis
Christopher Shieh Represented By
2:00 PM
John P Kreis
Benjamin Shieh Represented By John P Kreis
Patricia Shieh Armijo Represented By John P Kreis
Cesar Fernando Castro Represented By John P Kreis
Movant(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
2:00 PM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
fr. 5-29-18
fr. 1-31-17, 3-28-17, 4-11-17, 6-6-17, 9-12-17, 12-19-17, 1-9-18, 2-13-18, 6-5-18
Docket 1
NONE LISTED -
1/18/2017 -- Court approved stipulation continuing defendant's response date to March 20, 2017 and continuing status conference to March 28, 2017 at
2:00 p.m. OFF CALENDAR FOR JANUARY 31, 2017.
Tentative Ruling for March 28, 2017:
Continue status conference to April 11, 2017 at 2:00 p.m. to be heard concurrently with motion to dismis. OFF CALENDAR FOR MARCH 28, 2017.
Tentative Ruling for April 11, 2017:
Set deadline for defendants to file an answer to the existing complaint. Continue status conference approximately 60 to 90 days.
Final Ruling for April 11, 2017:
2:00 PM
Continue status conference to June 6, 2017 at 2:00 p.m. Parties will file a joint status report by May 23, 2017. Defendant must file and serve an answer to complaint by May 12, 2017.
Tentative Ruling for June 6, 2017:
According to the status report, defendant plans to bring a motion for summary judgment/partial summary adjudication of issues? Would this motion raise the same arguments that were advanced in the motion to dismiss that the court previously denied, offering the following tentative ruling:
Deny motion. The only assets that were sold to John Shieh were the specific assets identified on Exhibit A to the motion and the order granting the motion. No avoiding power claims were sold. Neither were any of the assets that the trustee alleges in the complaint were fraudulently transferred. The good faith finding relates only to the specific transaction that was the subject of the motion. The trustee never requested -- and the court never made -- a finding that the defendants had acted in good faith in connection with any other events or transactions.
There is no statute of limitations problem. The trustee is not attempting to set aside the sale. He is attempting to prosecute an avoiding power action and may file such an action before the later of 2 years after the entry of the order for relief or 1 year after the appointment of the trustee. The case was filed on January 29, 2015. This adversary proceeding was filed on November 30, 2016. That is well within two years after the commencement of the case.
Order parties to complete a day of mediation prior to date of continued status conference.
6/13/17 -- Court approved scheduling order setting following dates:
Cont'd status conference -- September 12, 2017 at 2:00 pm L/D to file joint status report -- August 29, 2017
L/D to complete discovery -- October 31, 2017
2:00 PM
L/D to complete mediation -- September 12, 2017
L/D to lodge order appointing mediators -- June 30, 2017 7/5/17 -- Court signed order appointing mediators.
Tentative Ruling for September 12, 2017:
According to status report, parties were scheduled to attend mediation before Jason Wallach on September 6. Did the mediation go forward on that date? Were they able to resolve this matter? Hearing required.
9/14/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- December 19, 2017 at 2:00 p.m.
L/D to file joint status report -- December 5, 2017 L/D to complete discovery -- December 29, 2017
Tentative Ruling for December 19, 2017:
The parties report having participated in mediation with Jason Wallach on September 6, 2017, yet they ask in the status report that the matter be sent to mediation. What are they requesting at this point? Did the parties want to utilize the services of another mediator or to return to Mr. Wallach? Have they discussed with him whether he would charge for the continued mediation?
Are the parties on track to complete their discovery by December 29? Hearing required.
12/20/17 -- Court signed scheduling order continuing status conference to January 9, 2018 at 2:00 p.m., waiving the requirement of a joint status report for that conference and extending the discovery cutoff to March 31, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar.
2:00 PM
2/15/18 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 29, 2018 at 2:00 pm Discovery cutoff -- May 31, 2018
L/D to file joint status report -- May 15, 2018
5/15/18 -- Court approved stipulation continuing hearing to June 5, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 29, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for June 5, 2018:
Court is confused. Defendants have included a demand for a jury trial in their joint status report. The last pleading filed in this case directed to the issues for which the defendants seek to preserve a right to jury trial was filed in May of 2017. Therefore, if defendants ever had a right to a jury trial, if this request is defendants' first demand for a jury, it is untimely. (See FRBP 9015, incorporating FRCP 38(b) and FRCP 38(b)(1)).
Status report makes reference to possible motions for summary judgment/summary adjudication. Set deadline for filing of such motions and continue status conference to a date that may be used as date of hearing on such motion(s).
Tentative Ruling for July 31, 2018:
What if anything has transpired in this action since the last status conference? Hearing required.
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By J Scott Bovitz
2:00 PM
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By John P Kreis
Caroline Su Kyu Shieh Represented By John P Kreis
Christopher Shieh Represented By John P Kreis
Benjamin Shieh Represented By John P Kreis
Patricia Shieh Armijo Represented By John P Kreis
Cesar Fernando Castro Represented By John P Kreis
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
2:00 PM
Adv#: 2:16-01389 Richard K. Diamond, Chapter 7 Trustee v. Jacqueline Ann Meek,
fr. 4-25-17, 8-1-17, 8-15-17, 2-6-18, 2-27-18, 5-22-18
Docket 1
NONE LISTED -
Set discovery cutoff date and deadline for plaintiff to file motion for summary judgment or partial summary adjudication. Continue status conference to date that can be used as hearing on motion for summary judgment.
7/12/17 -- Court approved stipulation continuing hearing to August 15, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 1, 2017.
Tentative Ruling for August 15, 2017:
Revisit status of action after conclusion of hearing on motion for summary judgment or partial summary adjudication.
Tentative Ruling for October 17, 2017:
Discovery has closed. Do the parties need to reopen discovery on the issue of the value of AVRS? Set deadlines concerning expert disclosures and expert discovery.
10/23/17 -- Court approved scheduling order with following dates: 10/31/17 -- L/D to exchange names and addresses of expert witnesses
2:00 PM
12/15/17 -- L/D to exchange expert witness reports 1/16/18 -- L/D to conduct depositions of expert witnesses 1/23/17 -- L/D to lodge proposed joint pretrial order 2/6/18 at 2:00 p.m. -- Pretrial conference
12/18/17 -- Court approved stipulation setting following dates:
L/D for parties to file and exchange expert witness reports -- January 8, 2018 L/D to depose experts -- February 6, 2018
L/D to lodge joint pretrial order -- February 13, 2018 Pretrial conference -- February 27, 2018 at 2:00 pm
Tentative Ruling for February 27, 2018:
At request of parties, continue pretrial conference to May 22, 2018 at 2:00
p.m. Plaintiff should lodge a scheduling order with the dates set forth in the parties' Joint Pre-trial Statement Regarding Settlement. APPEARANCES WAIVED ON FEBRUARY 27, 2018.
Tentative Ruling for May 22, 2018
At request of parties, in light of pending settlement, take pretrial conference off calendar and set a further status conference for July 31, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 22, 2018.
Tentative Ruling for July 31, 2018:
What is the status of this matter? What progress have the parties made toward documenting their settlement? Hearing required.
Debtor(s):
Gary Meek Represented By
Jeremy Faith
Defendant(s):
Jacqueline Ann Meek, Individually Represented By
2:00 PM
Michael J Conway James R Felton
Yi S Kim
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Steven Werth Elissa Miller
Trustee(s):
Richard K Diamond (TR) Represented By Elissa Miller Steven Werth
2:00 PM
Adv#: 2:16-01137 Ghoulian et al v. Omrani
fr. 5-24-16, 8-30-16, 1-24-17, 4-25-17, 8-15-17, 1-9-18, 1-23-18, 5-15-18
Docket 1
NONE LISTED -
Set discovery cutoff for end of August. When does plaintiff anticipate being in a position to file motion for summary judgment or partial summary adjudication?
5/26/16 -- Court approved scheduling order setting discovery cutoff of August 31, 2016.
6/14/16 -- Court approved stipulation adding trustee as co-plaintiff.
Tentative Ruling for August 30, 2016:
Set discovery cutoff for approximately 60 days and deadline for filing contemplated motion for summary judgment for approximately 30 days thereafter.
8/31/16 -- Court approved scheduling order setting following dates: Continued status conference -- January 24, 2017 at 2:00 p.m.
L/D to file joint status report -- January 10, 2017
L/D for plaintiff to file and serve motion for partial summary judgment -- November 29, 2016
2:00 PM
Hearing on motion -- January 24, 2017 at 2:00 p.m. L/D to complete discovery -- October 31, 2016.
Tentative Ruling for August 15, 2017:
Revisit status of action after conclusion of related matter on calendar.
11/13/17 -- court approved stipulation continuing hearing to January 23, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 9, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 23, 2018:
Court waived requirement of a joint status report. What is the status of this matter? Hearing required.
1/26/18 -- Court signed scheduling order setting following dates: Pretrial conference -- May 15, 2018 at 2:00 p.m.
L/D to lodge joint pretrial order -- May 1, 2018 Deadline for completion of mediation -- May 15, 2018
L/D to lodge order appointing mediator -- February 16, 2018 2/2/18 -- court approved order appointing mediators.
Tentative Ruling for May 15, 2018:
Many of the agreed facts recited are incomprehensible. Most have typographical errors. The list of disputed facts contains evidentiary facts that are not the actual facts at issue here. Some of the legal issues are irrelevant or misstated. In short, much of the proposed pretrial order is a mess.
Discuss options with the parties for proceeding with this action.
6/22/18 -- Court approved stipulation continuing pretrial conference to October 2, 2018 at 2:00 p.m. OFF CALENDAR FOR JULY 31, 2018.
2:00 PM
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
Defendant(s):
Mike Omrani Represented By
Stella A Havkin
Plaintiff(s):
Hertzel Ghoulian Represented By Michael F Frank
Rosendo Gonzalez (TR) Represented By Michael F Frank
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:18-01072 Groomes-Love v. WELLS FARGO BANK, N.A.
Love against WELLS FARGO BANK, N.A fr. 5-15-18, 6-26-18
Docket 1
NONE LISTED -
4/23/18 -- Court approved stipulation continuing hearing to June 26, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 15, 2018. NO APPEARANCE REQUIRED.
5/15/18 -- Court approved stipulation extending deadline to respond to complaint to June 15, 2018 and continuing status conference to July 31, 2018
at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
6/13/18 -- Court approved stipulation extending deadline to respond to complaint to August 14, 2018 and continuing status conference to October 2, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Debtor(s):
Philis Groomes-Love Represented By Philip D Dapeer
Defendant(s):
WELLS FARGO BANK, N.A. Represented By Dean G Rallis Jr
2:00 PM
Plaintiff(s):
Philis Groomes-Love Represented By Philip D Dapeer
2:00 PM
fr. 4-5-18, 5-10-18, 5-30-18, 6-27-18
Docket 20
NONE LISTED -
Tentative Ruling for May 30, 2018:
At prior hearing, court learned that debtor had paid her personal rent of more than $4,000 per month) from estate funds, even though court has not yet processed insider compensation applications. (Creditor objected, but debtor had failed to set matter for hearing.) Employment application for counsel had not yet been filed, even though case has been pending since February 2, 2018. (What was post-petition payment to debtor's counsel for $3,007 for?)
How is the debtor doing with compliance issues at this point?
Final Ruling for May 30, 2018:
Continue hearing to June 27, 2018 at 11:00 a.m. Court advised parties that it would dismiss this case if there was no counsel in place by the continued hearing.
Tentative Ruling for June 27, 2018:
There is now on file an application to employ Danning Gill as debtor's general insolvency counsel. That application reflects that the firm received a post- petition retainer of $5,000 from the debtor's principal and that she has personally guaranteed counsel's fees. Is that the same $5,000 that the court
2:00 PM
authorized the debtor to pay the insider in response to the prior insider compensation application? If so, what has the debtor been using to live on this month? The court was led to believe that, but for a distribution from the debtor, the principal would be unable to pay her rent. Hearing required.
Tentative Ruling for January 31, 2018:
Court has seen supplemental declaration re conflicts from proposed replacement counsel. What, if anything, else has transpired in this case since the June 27 hearing? Have the parties made any progress with regard to the issue of the appointment of a healthcare ombudsman? Hearing required.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens Rosa A Shirley George E Schulman Michael G D'Alba
Movant(s):
United States Trustee (LA) Represented By Ron Maroko
2:00 PM
fr. 5-30-18, 6-27-18
Docket 27
NONE LISTED -
Tentative Ruling from May 30, 2018:
Court has no objection to a salary of $1,500 per month, but how can the debtor's principal pay herself the remaining "owners' draw" of $10,000 if/when there is less than $10,000 in profit? What are the amount/cost of the life and disability insurance benefits to be paid each month? Does debtor's principal also seek any kind of expense reimbursements? Debtor has paid her personal rent from the business for at least the months of February and March. How is this accounted for? Is this another form of compensation being paid by the business?
Hearing required.
Final Ruling from May 30, 2018:
(See written order.) Debtor shall file and serve any amendment to or revision of the notice by June 13, 2018. Any supplemental oppositions will be due by June 20, 2018. A continued hearing will be held June 27, 2018 at 11:00 a.m. Debtor is authorized to pay $5,000 as compensation for the month of June.
Tentative Ruling for June 27, 2018:
The court has not received any additional papers concerning this. What does the debtor intend to do with regard to future compensation for Dr. Walden?
2:00 PM
Tentative Ruling for July 31, 2018:
Tentative ruling from June 27, 2018 remains unchanged.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens Rosa A Shirley George E Schulman Michael G D'Alba
2:00 PM
Docket 1
NONE LISTED -
"It's" means it is.
The possessive form of the word is "its" without an apostrophe.
Continue case status conference to April 5, 2018 at 10:00 a.m. to be heard concurrently with UST's motion to dismiss or convert.
Tentative Ruling for June 27, 2018:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for July 31, 2018:
When does the debtor believe she will be in a position to file a motion to dismiss this bankruptcy case? What has to happen before debtor's counsel will be able to prepare and file such a motion? Hearing required.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens Rosa A Shirley George E Schulman Michael G D'Alba
10:00 AM
Docket 9
NONE LISTED -
Vacate OSC as moot. Case has already been dismissed. Appearances waived. Court will prepare order.
Debtor(s):
Lillian Acosta Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 56
NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Gary R Lloyd Represented By
Julie J Villalobos
Joint Debtor(s):
Sandra L Lloyd Represented By Julie J Villalobos
Trustee(s):
Wesley H Avery (TR) Represented By Joseph Caceres
10:00 AM
Docket 242
NONE LISTED -
Grant in part and deny in part. Grant motion to the extent that it seeks the allowance of chapter 11 and chapter 7 claims. Deny motion to the extent that it seeks an order compelling payment. Trustee does not have funds with which to pay claims. Claims will be allowed and will be paid in accordance with the priority scheme set forth in the bankruptcy code if and when the trustee has funds with which to make payments. If the parties are prepared to submit on the tentative ruling, appearances will be waived and movant
\may lodge order consistent with tentative ruling.
Debtor(s):
Shepherd University Represented By Jaenam J Coe
Trustee(s):
Bradley D. Sharp (TR) Represented By Elissa Miller
10:00 AM
Docket 52
NONE LISTED -
Court will not permit a sale to an insider not subject to overbid. Discuss with debtor appropriate methods for advertising sale, including listing sale on court's website, and overbid procedures. Continue hearing to date that can serve as date of auction sale.
Debtor(s):
Golden Vista Construction Inc Represented By Stephen L Burton
10:00 AM
Docket 1
6/8/18 - Case reassigned to Judge Bason. Debtor's prior case was a Chapter 13 Case before Judge Bason.
ON CALENDAR IN ERROR. CASE WAS ASSIGNED TO JUDGE BASON.
Debtor(s):
Brenda Joyce Arlon Represented By
Anthony Obehi Egbase
10:00 AM
Docket 1
7/30/18 - Joon M. Khang, (949) 419-3834, has been approved for telephonic appearance on 8/1/18 @ 10am
Debtor owns two houses, both of which are rented? Are both properties occupied by rent-paying tenants at the moment? Where does the debtor live? Debtor seeks to hire a number of attorneys as special counsel to handle various items of litigation. What is the lawsuit against Chase about? What is the lawsuit against Nationstar about?
Set bar date for filing proofs of claim and deadline for serving notice of bar date.
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
11:00 AM
fr. 9-28-16, 1-11-17, 1-24-17, 3-29-17, 6-7-17, 8-15-17, 9-7-17, 11-29-17,
1-10-18, 4-25-18
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. Continue case status conference for approximately 30 days.
10/4/16 -- Court signed order setting following dates:
L/D to serve notice of bar date -- October 5, 2016 Bar date -- November 18, 2016
Cont'd case status conference -- January 11, 2017 at 11:00 a.m.
L/D to file updated status report -- December 23, 2016 Tentative Ruling for January 11, 2017:
Continue case status conference to January 24, 2017 at 2:00 p.m. to be heard concurrently with related litigation. APPEARANCES WAIVED ON JANUARY 11, 2017. (Debtor need not file updated status report for January 24 status conference.)
Tentative Ruling for January 24, 2017:
Discuss with debtor whetheri it is possible for it to propose and confirm a plan of reorganization prior to the resolution of the pending litigation. Hearing required.
Tentative Ruling for March 29, 2017:
11:00 AM
What, if anything, has transpired since last status conference? Are there continuing business operations, and, if so, how is the debtor's business doing? Hearing required.
Tentative Ruling for June 7, 2017:
Court waived the requirement that an updated status report be filed. What, if anything, has transpired since the last status conference? Hearing required.
Tentative Ruling for August 15, 2017:
Court granted unilateral motion for a continuance and continued hearing on Anti-SLAPP motion to September 7, 2017 at 10:00 a.m. Continue case status conference to same date and time so that it may be heard concurrently with adversary proceeding. OFF CALENDAR FOR AUGUST 15, 2017.
Tentative Ruling for September 7, 2017:
Revisit status of case after conclusion of hearing on related matters.
Tentative Ruling for January 10, 2018:
The court waived the requirement that an updated status report be filed. What is the status of this matter? What, if anything, has happened since last status conference? When will the debtor be in a position to propose a chapter 11 plan? Hearing required.
Tentative Ruling for April 25, 2018:
Is the debtor conducting any business other than attempting to collect on accounts that had formerly been paying money (or refusing to pay money) to Kamana? Is there really enough of a business here to reorganize? Hearing required.
Final Ruling for April 25, 2018:
Continue case status conference to August 1, 2018 at 11:00 a.m. Debtor
11:00 AM
should file and serve updated status report by July 20, 2018.
Tentative Ruling for August 1, 2018:
Where is the status report that debtor was to file by July 20, 2018?
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen
11:00 AM
Adv#: 2:16-01349 Lite Solar Corp. v. KAMANA O'KALA, LLC et al
fr. 10-4-16, 1-24-17, 3-29-17, 6-7-17, 8-15-17, 9-7-17, 11-29-17, 1-10-18,
4-25-18
Docket 1
NONE LISTED -
Final Ruling from October 4, 2016:
Set discovery cutoff of March 1, 2017. Continue status conference to January 24, 2017 at 2:00 p.m. Parties are to file joint status report by January 10, 2017.
Tentative Ruling for January 24, 2017:
Have discovery responses been received? Has the Oregon district court ruled on the transfer and remand motions?
Hearing required.
1/25/17 -- Court signed scheduling order continuing discovery cutoff to April 17, 2017.
3/16/17 -- Court signed scheduling order continuing discovery cutoff to May 31, 2017.
Tentative Ruling for March 29, 2017:
Discuss with parties what should become of this litigation if the district court
11:00 AM
accepts the recommendation of the magistrate judge and remands the related litigation to Oregon state court?
5/3/17 -- Court approved stipulation continuing hearing to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 7, 2017:
What is the status of this matter? What progress has been made toward consolidating the various pending actions among the parties?
8/3/17 -- Court granted unilateral motion for a continuance and continued hearing on Anti-SLAPP motion to September 7, 2017 at 10:00 a.m. Court continued status conference to same date and time in that order. OFF CALENDAR FOR AUGUST 15, 2017.
8/4/17 -- Court approved stipulation extending discovery cutoff to October 31, 2017.
Tentative Ruling for September 7, 2017:
Revisit status of case after conclusion of hearing on related matters.
11/1/17 -- Court granted ex parte motion continuing discovery cutoff to January 1, 2018.
Tentative Ruling for November 29, 2017:
What, if anything, has transpired since the last status conference? Is defendant Schellerup still in bankruptcy? Hearing required.
Tentative Ruling for April 25, 2018:
The court waived the requirement that an updated status report be filed. What is the status of this matter? What, if anything, has happened since last status conference? Hearing required.
11:00 AM
Tentative Ruling for August 1, 2018:
Court has reviewed status report from Schellerup in which he offers to repay amounts due he debtor based on Schellerup's failure to comply with directions given by counsel over time. What, if anything, has transpired since last status conference. How does plaintiff intend to proceed with regard to matters referenced in Schellerup's status report.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen
Defendant(s):
KAMANA O'KALA, LLC Represented By Paul B George
SreeVamshi C Reddy
Patrick Schellerup Represented By Paul B George
SreeVamshi C Reddy
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
11:00 AM
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. Has debtor filed motion for authority to use cash collateral? If not, why not? Has debtor been paying expenses in the interim? Debtor has proposed August 15 as the deadline for filing a plan. What has to happen before debtor will be in a position to file a plan? Hearing required.
3/19/18 -- Court signed order setting following dates:
Cont'd status conference -- June 13, 2018 at 11:00 a.m. L/D to serve notice of bar date -- March 21, 2018
Bar date -- May 31, 2018
L/D to file joint status report -- June 5, 2018
L/D to file plan and disclosure statement -- June 29, 2018
Tentative Ruling for June 13, 2018:
Set deadline for debtor to file either objection to claim filed by first trust deed holder or adversary proceeding against first trust deed holder. Continue status conference to date that can be used as date of hearing on disclosure statement.
Final Ruling for June 13, 2018:
Continue case status conference to August 1, 2018 at 11:00 a.m. Debtor should file updated status report by July 30, 2018 and plan and disclosure
11:00 AM
statement by September 17, 2018. Debtor should file either adversary proceeding or claim objection with regard to bank's claim not later than July 13, 2015. (Court later extended that date to August 3, 2018 in response to debtor's motion by order entered July 17, 2018.)
Tentative Ruling for August 1, 2018:
Debtor in her status report states that she is currently preparing an adversary proceeding against Center Street Lending for the purpose of determining the correct amount of the balance due under the loan. Continue status conference to date of status conference in that new action.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle J Lindsey
11:00 AM
Docket 1
NONE LISTED -
What are all the lawsuits about? Is debtor in good standing with any and all applicable licensing authorities? If the debtor's only meaningful assets are its accounts receivable and many or most may be uncollectible, is there really a reorganization here?
Set deadline for serving notice of bar date and bar date. What has to happen before debtor will be in a position to file plan and disclosure statement?
Hearing required.
4/23/18 -- Court signed scheduling order setting following dates: L/D to serve notice of bar date -- April 20, 2018
Bar date -- June 8, 2018
Cont'd status conference -- August 1, 2018 at 11:00 a.m. L/D to file updated status report -- July 24, 2018
Tentative Ruling for August 1, 2018:
Status report was filed late and was not served on judge by expedited means. What has to happen before the debtor will be in a position to file a plan?
Does the debtor currently have any operations or operating income? Hearing required.
11:00 AM
Debtor(s):
Essence Business Group, Inc. Represented By Thomas B Ure
11:00 AM
fr. 6-6-18
Docket 38
NONE LISTED -
Tentative Ruling for June 6, 2018:
Is the only response to the motion the debtor's status report? Has the debtor provided evidence that insurance is currently in force? If not, grant motion and convert or dismiss case. What progress has the debtor made on the remaining compliance issues? Hearing required.
Final Ruling for June 6, 2018:
Continue hearing to August 1, 1028 at 11:00 a.m. If debtor does not file its April MOR by June 15, the US Trustee can file a declaration to this effect and request entry of an order converting the case.
Tentative Ruling for August 1, 2018:
Operating reports for April and May 2018 were filed on June 14 and 22, respectively. Debtor filed motion to approve sale which was set for hearing at 10:00 a.m. on August 1, 2018. Revisit status of case after conclusion of hearing on sale motion.
Debtor(s):
Golden Vista Construction Inc Represented By
11:00 AM
Stephen L Burton
11:00 AM
Docket 1
NONE LISTED -
Tentative Ruling for December 6, 2017:
Set deadline for service of notice of bar date and bar date. Court is not likely to approve a sale to an insider without sufficient marketing efforts to locate an independent purchaser or overbidder.
Has the debtor now complied with all of the guidelines of the Office of the United States Trustee? If not, which matters are currently outstanding? This is an operating case. Where is the evidence requested of the debtor's projected income and expenses for the first six months of the case? Hearing required.
12/18/17 -- Court approved order setting bar date of February 3, 2018. (L/D to serve notice of bar date is December 15, 2017.)
2/1/18 -- Court signed scheduling order with following dates: L/D to serve notice of bar date -- December 15, 2017
Bar date -- February 3, 2018
Cont'd status conference -- March 7, 2017 at 11:00 L/D to file updated status report -- February 23, 2018
Tentative Ruling for March 7, 2018:
Discuss with debtor deadlines for filing sale motion and deadline for filing plan
11:00 AM
and disclosure statement.
Tentative Ruling for June 6, 2018:
If the debtor has not been able to locate anyone willing to market the business, the court will want an appraisal in order to be able to evaluate whether consideration offered by insider is appropriate.
7/27/18 -- Court approved scheduling order with following dates:
L/D to file plan and disclosure statement -- July 31, 2018
Hearing on disclosure statement -- September 26, 2018 at 2:00 p.m. Cont'd status conference -- August 1, 2018
Tentative Ruling for August 1, 2018:
Debtor has filed motion to approve sale which was set for hearing on August 1, 2018 at 10:00 a.m. Revisit status of case after conclusion of hearing on sale motion.
Debtor(s):
Golden Vista Construction Inc Represented By Stephen L Burton
Movant(s):
Golden Vista Construction Inc Represented By Stephen L Burton Stephen L Burton
11:00 AM
fr. 3-14-18, 5-16-18, 5-30-18
Docket 103
NONE LISTED -
Tentative Ruling for March 14, 2018:
Court is not prepared to convert or dismiss the case at this time. Continue hearing on motion for approximately 90 days to see if debtor files a plan of reorganization that has any realistic prospect of being confirmed.
Final Ruling for March 14, 2018:
Continue hearing to May 16, 2018 at 2:00 p.m. Briefing closed.
Tentative Ruling for August 1, 2018:
Revisit status of motion after conclusion of related matters on calendar.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
11:00 AM
1) Approving Debtor's Disclosure Statement
Approving Solicitation voting, balloting and notice procedures
Setting Confirmation Hearing and certain deadlines in connection with the Debtor's Plan of Reorganization
fr. 5-30-18
Docket 127
NONE LISTED -
See tentative ruling for matter no. 205.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
11:00 AM
fr. 5-30-18
Docket 125
NONE LISTED -
Tentative Ruling for May 16, 2018:
It is unclear how the court could ever find that a plan is feasible if there is no court order that actually requires the debtor's estranged spouse to continue making the support payments on which the plan relies. And if these payments were formalized, wouldn't the debtor be required to pay taxes on them (at least the portion that would be characterized as spousal rather than child support)?
Hearing required.
Final Ruling for May 16, 2018:
Continue hearing to May 30, 2018 at 2:00 p.m. Court wants Ms. Cohen to explain what needs to happen and how long it will take to get at least an interim support order from the family law court.
Tentative Ruling for May 30, 2018:
What, if anything, has transpired since the last hearing. What has debtor's counsel learned about the steps that must be taken in order to obtain a support order? Hearing required.
11:00 AM
OFF CALENDAR. DEBTOR HAS FILED AMENDED DISCLOSURE STATEMENT.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
11:00 AM
Docket 160
NONE LISTED -
Court has a number of proposed revisions to the form of the plan and disclosure statement that will be discussed on the record at the time of hearing on the disclosure statement.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
11:00 AM
Docket 1
NONE LISTED -
Set deadline for service of bar date and bar date.
Order authorizing counsel's employment was signed/entered June 14, 2017. Debtor is an attorney who consults, yet the vast majority of the income reflected on the budget is "monthly support." Is this from her ex-husband? Approximately how many hours per week does debtor spend doing legal- related work?
Where is the debtor currently living? Is the Bentley property habitable? What happened to the property that gave rise to the $70,000 in insurance proceeds? What transpired in the state court that led to the entry of a judgment against the debtor "on procedural grounds"?
Why are there two separate lines that both include the cost of summer school and camp for debtor's child/children? Where do debtor's children go to school? Debtor's financial troubles include, according to the status report, medical bills. Budget does not include a line-item for medical insurance.
Why not? Are these medical bills likely to be recurring or were they the result of a condition that has now been cured or eliminated?
The entries for home insurance and car insurance on the budget are blank. Who pays for these expenses? Does the debtor have a car? There do not appear to be any vehicle-related expenses on the budget. Why no?
Hearing required.
11:00 AM
6/29/17 -- Court signed scheduling order with following dates:
L/D to serve bar date notice -- July 7, 2017 Bar date -- August 31, 2017.
7/6/17 -- Court signed scheduling order with following dates: L/D to serve bar date notice -- July 7, 2017
Bar date -- August 31, 2017.
Cont'd case status conference -- October 4, 2017 at 11:00 a.m. L/D to file updated status report -- September 22, 2017.
Tentative Ruling for October 4, 2017:
How much work remains to be done on the property? Does the debtor have an estimate as to when the property will be in a condition to be rented?
Hearing required.
Tentative Ruling for February 28, 2018:
Continue hearing to March 14, 2018 at 10:00 a.m. to be heard concurrently with motion to convert set for same date and time. APPEARANCES WAIVED ON FEBRUARY 28, 2018.
Tentative Ruling for March 14, 2018:
Revisit status of case after conclusion of hearing on related motions. 3/19/18 -- Court approved scheduling order with following dates: Cont'd status conference -- May 16, 2018 at 2:00 p.m.
Filing of updated status report waived
L/D for debtor to file plan and disclosure statement -- March 30, 2018\ Hearing on disclosure statement -- May 16, 2018 at 2:00 p.m.
Tentative Ruling for August 1, 2018:
11:00 AM
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
Docket 160
7/23/18 - Attorney to file an amended notice of hearing. Matter rescheduled to 11am to be heard with all other matters.
MOVED TO 11 A.M. CALENDAR TO BE HEARD CONCURRENTLY WITH RELATED MATTERS.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
10:00 AM
Docket 15
NONE LISTED -
Grant motion. Unless the debtor wants to convert this case to a case under chapter 13, dismiss case for abuse under section 707(b)(1). The debtor has sufficient disposable income, once appropriate adjustments are made to her income and expenses, to pay unsecured creditors $55,263.60 (or 67.7 percent) over a period of five years.
Debtor(s):
Melody Hurdle Represented By Herbert N Wiggins
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 13
NONE LISTED -
UST's reply is well-taken. There is no court-order or agreement requiring the debtor to pay child-support and the documentation provided does not establish that debtor has been paying support in the amount that debtor contends ($2,500 per month). Debtor cannot demonstrate that his household size is more than one. He has acknowledged that his children live with his wife and he has not established that he and his wife and children constitute a single economic unit. Accordingly, there is a presumption of abuse that has not been rebutted and debtor's case should be dismissed under section 707(b)(1), unless he would like to convert the case to chapter 13. In the alternative, even if debtor's household size were 5 and no presumption of abuse arose, the case should still be dismissed under the totality of the circumstances, if the debtor is unwilling to convert the case to chapter 13, as the debtor has overstated his childcare and spousal support payments and has sufficient disposable income to fund sizeable plan payments.
Debtor(s):
Tyson J Lingbloom Represented By David H Chung
Movant(s):
United States Trustee (LA) Represented By Kelly L Morrison
10:00 AM
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 24
7/31/18 - Lloyd Douglas Dix, (818)876-3000, has been approved for telephonic appearance on 8/2/18 @ 10am
Court can see that Chapin was served with notice of the bankruptcy in time for him to have brought a nondischargeability action and that he had notice of the bankruptcy filing at the time he sought and obtained a default judgment against the debtor, but does movant have evidence sufficient to establish that Love or CRC knew about the bankruptcy case or the bankruptcy discharge at the time they took over the representation of Chapin's client.
Hearing required.
NOTE: Certificate of Notice generated by the Court does not appear to reflect service on creditors. Continue hearing to give creditors additional time to respond to OSC.
Debtor(s):
Silvia Fabian Represented By
Omar Zambrano Moises S Bardavid
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: STANDARD OIL CREDIT HOLDING GROUP, LLC. fr. 3-6-18
Docket 8
8/2/18 - Zachary Gonzalez, (213)452-0070, has been approved for telephonic appearance on 8/7/18 @ 10am
8/2/18 - Rosendo Gonzalez, (213)452-0070, has been approved for telephonic appearance on 8/7/18 @ 10am
Tentative Ruling from March 6, 2018:
Movant has an adequate equity cushion to provide adequate protection for now and there is equity in the property. Trustee plans to market property. Either deny motion outright or, if movant prefers, continue hearing for 180 days to give trustee an opportunity to market property.
Final Ruling from March 6, 2018:
Continue hearing to August 7, 2018 at 10:00 a.m. Trustee should serve and file supplemental opposition not later than July 24, 2018.
Tentative Ruling for August 7, 2018:
Court is confused. What kind of documents does the trustee need in order to
10:00 AM
be able to evaluate sale offers for the debtor's real property? Hearing required.
8/6/17 -- Court approved stipulation continuing hearing to February 5, 2019 at 10:00 a.m. OFF CALENDAR FOR AUGUST 7, 2018.
Debtor(s):
Clotrimazole, Inc. Represented By Alan F Broidy
Movant(s):
Standard Oil Credit Holding Group, Represented By
Bryan Diaz
Trustee(s):
Sam S Leslie (TR) Represented By Rosendo Gonzalez
10:00 AM
MOVANT: MERCEDES-BENZ FINANCIAL SERVICES USA, LLC.
Docket 26
7/30/18 - Jennifer Wang, (714) 431-1058, has been approved for telephonic appearance on 8/7/18 @ 10am
There is equity in the property, but value of property will decline with debtor's use. Condition continuation of the automatic stay on the debtor's making the monthly payments on a going forward basis (i.e., enter adequate protection order).
Debtor(s):
Steve Yong Bae Represented By
James D. Hornbuckle
Movant(s):
Mercedes-Benz Financial Services Represented By
Jennifer H Wang
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: JUSTIN MONEMPOUR
Docket 148
NONE LISTED -
Grant motion, with waiver of Rule 4001(a)(3) and annulment. It is not appropriate for debtor to pick and choose when to claim there is a bankruptcy an automatic stay. Debtor continued to behave as if there wasn't a bankruptcy case and did not disclose its existence and should not be permitted to benefit from the automatic stay only when it suits his purposes. The exhibits provided by the parties both show that the debtor agreed to vacate the premises in mid-July and that the movant has title to the property and an unlawful detainer judgment against the debtor. If the debtor wants to litigate a claim against the movant, arguing, apparently without the benefit of any written agreement (no such writing having been provided to the court), that the parties had an oral agreement of some kind pursuant to which the debtor was entitled to purchase the property and movant was required to provide some or all of the funding, debtor is free to continue his efforts to pursue this theory in a nonbankruptcy court.
Debtor(s):
David Leonard Ross Represented By Rosendo Gonzalez
Benjamin Nachimson
Seyed Mohammad R Kazerouni
Movant(s):
Justin Monempour Represented By
10:00 AM
Trustee(s):
Joseph Trenk
James L Brown (TR) Pro Se
2:00 PM
Adv#: 2:16-01417 Menchaca et al v. Clayton Group Inc. et al
Clayton Group Inc., Timothy Duffy
fr. 11-15-16, 6-6-17, 7-11-17, 10-3-17, 1-30-18, 3-20-18, 6-5-18
Docket 1
NONE LISTED -
Tentative Ruling for February 14, 2017:
The amended complaint was filed back in October. Why haven't all defendants been served? (There is no proof of service on docket.)
Hearing required.
Final Ruling for February 14, 2017:
Continue status conference to June 6, 2017 at 2:00 p.m. Parties should file joint status report by May 23, 2017. Trustee and Main Credit will be amending complaint again to add Main Credit as plaintiff, make a few corrections and add a party.
Tentative Ruling for June 6, 2017:
In status report, trustee states that plaintiff will have filed a motion to substitute Main Credit as the plaintiff by the date of the status conference. Has this occurred?
Tentative Ruling for July 11, 2017:
2:00 PM
Deadline to file/serve response to complaint was July 7, 2017. Clayton Group has filed an answer. Has Timothy Duffy? If not, set deadline for filing request for entry of default and default judgment motion.
How long do the parties anticipate that they will need to complete discovery? Does either/any party anticipate filing any pretrial motions? Should this matter be sent to mediation? Hearing required.
7/14/17 -- Court signed scheduling order setting dicovery cutoff for December 29, 2017 and continued status conference for October 3, 2017 at 2:00 p.m.
Parties shall file joint status report not later than September 19, 2017.
Tentative Ruling for October 3, 2017:
According to the status report, the parties anticipate that they will be done with discovery by January 31, 2018. Are the parties requesting an extension of the discovery cutoff? Hearing required.
10/12/17 -- Court approved scheduling order with following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018 L/D to complete mediation -- January 30, 2018
L/D to lodge order appointing mediator -- October 30, 2017 Discovery cutoff extended to January 31, 2018
Tentative Ruling for January 30, 2018:
Have the parties now completed their day of mediation? If not, why not? If the matter has not settled, continue discovery cutoff to March 15, 2018.
Discuss with parties timing for any contemplated motions for summary judgment or adjudication.
2/5/18 -- Court approved scheduling order with following dates: Cont'd status conference -- March 20, 2018 at 2:00 p.m.
L/D to file joint status report -- March 13, 2018
2:00 PM
L/D to complete mediation -- March 20, 2018 Discovery cutoff extended to March 15, 2018
Tentative Ruling for March 20, 2018:
Mediator reports that matter settled. Discuss with parties procedures for obtaining approval of proposed settlement.
Tentative Ruling for June 5, 2018:
Court has not been able to locate any recent filings -- no 9019 motion, no stipulation, no status report. What, if anything, has happened in this matter since the last status conference? Hearing required.
Tentative Ruling for August 7, 2018:
Plaintiff has filed motion for approval of compromise on July 27, 2018. Continue status conference to October 2, 2018 at 2:00 p.m. to give court an opportunity to process compromise motion. APPEARANCES WAIVED ON AUGUST 7, 2018.
Debtor(s):
RestoreGroup, Corp. Represented By Steven R Fox
Defendant(s):
Clayton Group Inc. Represented By Steven J Shapero
Timothy Duffy Pro Se
Plaintiff(s):
John J. Menchaca Represented By David G Jimenez
Main Credit Corp as Successor to Represented By
David G Jimenez
2:00 PM
Trustee(s):
John J Menchaca (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
Adv#: 2:15-01648 Main Credit Corp v. Kibby et al
fr. 2-2-16, 4-26-16, 7-19-16, 10-18-16, 1-31-17, 5-16-17, 8-29-17, 10-3-17,
1-30-18, 3-20-18, 6-5-18
Docket 1
NONE LISTED -
What is defendant's position with regard to mediation? Hearing required. 2/14/17 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 16, 2017 at 2:00 p.m. L/D to file and serve joint status report -- May 2, 2017 L/D to conduct discovery -- October 31, 2017
Tentative Ruling for May 16, 2017:
Continue status conference to August 29, 2017 at 2:00 p.m. Parties shall file updated status report not later than August 15, 2017. APPEARANCES WAIVED ON MAY 16, 2017.
7/11/17 -- At a hearing held this date in a related adversary proceeding, the Court continued this status conference to October 3, 2017 at 2:00 p.m. OFF
2:00 PM
CALENDAR FOR AUGUST 29, 2017. NO APPEARANCE REQUIRED.
Tentative Ruling for October 3, 2017:
According to the status report, the parties anticipate that they will be done with discovery by December 31, 2018. Are the parties requesting an extension of the discovery cutoff? Discuss with the parties whether this is an appropriate matter to be sent to mediation.
10/12/17 -- Court approved scheduling order with following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018 L/D to complete mediation -- January 30, 2018
L/D to lodge order appointing mediator -- October 30, 2017 Discovery cutoff extended to January 31, 2018
Tentative Ruling for January 30, 2018:
Have the parties now completed their day of mediation? If not, why not? If the matter has not settled, continue discovery cutoff to March 15, 2018.
Discuss with parties timing for any contemplated motions for summary judgment or adjudication.
2/5/18 -- Court approved scheduling order with following dates: Cont'd status conference -- March 20, 2018 at 2:00 p.m.
L/D to file joint status report -- March 13, 2018 L/D to complete mediation -- March 20, 2018 Discovery cutoff extended to March 15, 2018
Tentative Ruling for March 20, 2018:
Mediator reports that matter settled. Discuss with parties procedures for obtaining approval of proposed settlement.
2:00 PM
Tentative Ruling for June 5, 2018:
Court has not been able to locate any recent filings -- no 9019 motion, no stipulation, no status report. What, if anything, has happened in this matter since the last status conference? Hearing required.
Tentative Ruling for August 7, 2018:
Plaintiff has filed motion to abandon claims on July 30, 2018. Continue status conference to October 2, 2018 at 2:00 p.m. to give court an opportunity to process motion. APPEARANCES WAIVED ON AUGUST 7, 2018.
Debtor(s):
Charles Clayton Kibby Represented By Jeffrey J Hagen Steven J Shapero
Defendant(s):
Charles Clayton Kibby Represented By Steven J Shapero David G Jimenez
RestoreGroup, Corp. Represented By Steven J Shapero David G Jimenez
Clayton Group Inc Represented By Steven J Shapero David G Jimenez
CGI Preservation Represented By Steven J Shapero David G Jimenez
Plaintiff(s):
Main Credit Corp Represented By
2:00 PM
Trustee(s):
David G Jimenez
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:17-01472 Yoo v. Rodriguez et al
fr. 11-14-17, 2-27-18, 5-8-18
Docket 1
NONE LISTED -
Set discovery cutoff of January 31, 2018 and final status conference for approximately same time frame.
11/16/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- February 27, 2018 at 2:00 p.m.
L/D to file joint status report -- February 13, 2018 L/D to conduct discovery -- February 28, 2018
2/14/18 -- Court approved stipulation setting following dates: Cont'd status conference -- May 8, 2018 at 2:00 p.m.
Cont'd discovery cuotff -- April 30, 2018
L/D to file joint status report -- April 24, 2018.
4/26/18 -- Court approved stipulation continuing discovery cutoff to July 31, 2018 and continuing status conference to August 7, 2018 at 2:00 p.m. Parties shall file joint status report not later than July 24, 2018. OFF CALENDAR FOR MAY 8, 2018.
2:00 PM
7/27/18 -- Court approved stipulation continuing discovery cutoff to October 1, 2018 and continuing status conference to October 9, 2018 at 2:00 p.m.
Parties shall file joint status report not later than September 25, 2018. OFF CALENDAR FOR AUGUST 7, 2018.
Debtor(s):
Martin Edward Rodriguez Represented By Raymond Perez
Defendant(s):
Consuelo Rodriguez Represented By Jeffrey B Smith
Mary H. Rodriguez Represented By Jeffrey B Smith
Martin Edward Rodriguez Pro Se
Plaintiff(s):
Timothy J. Yoo Represented By Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay Lindsey L Smith
2:00 PM
Adv#: 2:18-01169 Wright v. Navient Solutions, LLC et al
Docket 1
6/26/18 - Another Summons issued
7/31/18 - Robert S. Lampl, (818)226-5662, Representing Defendant Navient Solutions, LLC has been approved for telephonic appearance on 8/7/18 @ 2PM
An action to determine whether a given loan is, or is not, dischargeable under Bankruptcy Code section 523(a)(8) is a core proceeding within this court's core jurisdiction, regardless of whether the debtor includes allegations of fraud or forgery as part of her case. Nevertheless, the court is confused by, and has some questions about, plaintiff's allegations.
Does plaintiff intend to take Chase's default? Hearing required.
8/6/18 -- Court approved stipulation re dismissal of action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Janine Rishonne Wright Represented By Adina T Turman
2:00 PM
Defendant(s):
Navient Solutions, LLC Represented By Robert S Lampl
Chase Student Loan Servicing, LLC Pro Se
Plaintiff(s):
Janine Rishonne Wright Represented By Adina T Turman
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:18-01109 Lite Solar Corp. v. Slinde & Nelson, LLC et al
fr. 6-26-18
Docket 1
NONE LISTED -
6/12/18 -- Court approved stipulation continuing status conference to August 7, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
7/18/18 -- At hearing held this date, Court continued this status conference to October 2, 2018 at 2:00 p.m. so that it may be heard concurrently with related objection to claim. OFF CALENDAR FOR AUGUST 7, 2018.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Slinde & Nelson, LLC Represented By David L. Neale Irving M Gross
Darian A. Stanford Represented By Irving M Gross
2:00 PM
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
2:00 PM
Compelling Turnover of Funds Held in Escrow As Estate Property Pursuant to 11 U.S.C. § 542
Abandonment of Estate Property Pursuant to 11 U.S.C. § 554
Docket 86
NONE LISTED -
Tentative Ruling for July 18, 2018:
Grant motion insofar as it seeks authority to abandon the three vehicles identified in the motion. With regard to the remainder of the relief, court cannot order turnover as against anyone other than the debtor without an adversary proceeding. Trustee actually seeks to compel buyer to perform its obligations in connection with sale agreement. Explore with trustee steps that might be taken to obtain required signatures.
Final Ruling for July 18, 2018 (see order entered July 19, 2018):
Motion granted to the extent that it seeks to abandon three vehicles identified in the motion. Hearing continued to August 7, 2018 at 2:00 p.m. Order compels Robert Fox or another representative of JT Thorpe & Son (the buyer) with authority to execute escrow instructions on behalf of buyer to appear in person at the continued hearing.
Tentative Ruling for August 7, 2018:
Hearing required.
2:00 PM
Debtor(s):
California Sandblasting & Coating, Represented By
Alan F Broidy
Movant(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
Trustee(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
10:00 AM
Docket 59
NONE LISTED -
Grant motion.
Debtor(s):
Gary R Lloyd Represented By
Julie J Villalobos
Joint Debtor(s):
Sandra L Lloyd Represented By Julie J Villalobos
Trustee(s):
Wesley H Avery (TR) Represented By Joseph Caceres
10:00 AM
Allowance And Payment Of Administrative Claim Pursuant To 11 U.S.C. § 503(b)(9);
A Determination That The Revocable Permit Between The City And The Debtor Has Been Rejected As Of The Date Of The Order On The Motion, And For The Surrender Of Property To The City
Relief From The Automatic Stay To The Extent Necessary For The City To Retake Possession Of The Property And To Apply A Security Deposit To Pre- Petition Rent And Interest
Docket 88
NONE LISTED -
Whether or not the landlord had notice of the bankruptcy or the license was listed on the schedules has no bearing on the applicability of section 365.
This was filed as a chapter 7 case. The license agreement was rejected as of the 60-day of the case. Allow claim for expense of administration for post- petition rent for the first 60 days of the case at the contract rate. Thereafter, the City is entitled to an administrative claim for the value of the estate's use of the property on a quantum meruit basis up through the point in time at which the trustee removed the debtor's property and returned possession thereof to the City -- May 18, 2018. In caculating the value of the use, the contract rate is the starting point, but the trustee may introduce evidence that the reasonable value of the use was less than this amount, if he so desires.
Grant relief from stay to permit the City to retake the property (if it hasn't done so already) and to apply the security deposit to amounts due under the contract. Discuss with the parties how to calculate the total amount of the administrative claim.
10:00 AM
Debtor(s):
California Sandblasting & Coating, Represented By
Alan F Broidy
Trustee(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
10:00 AM
Docket 568
NONE LISTED -
Deny motion. The court's July 3, 2018 "Findings of Fact and Conclusions of Law Resolving (In Part) Debtor's Objections to Claims 9 and 11 Filed by East West Bank" are clearly interlocutory. If EWB wants to appeal now for some reason, it will need to file a motion for leave to appeal, as the Court has not entered a final order.
Court has no inclination to amend its findings now. If and when the Court has resolved the balance of the issues that must be resolved in order for its ruling to be final, it will evaluate at that point whether it wants to issue more complete written findings or perhaps even a memorandum opinion, but there is no reason for this to occur now. Moreover, if necessary, there are oral rulings from which a court of appeals could determine how the court ruled on the various issues raised in EWB's motion by reviewing the applicable transcript, and at least a few of the issues that EWB has raised were in fact addressed in the court's July 3 findings of fact and conclusions of law.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
Docket 63
NONE LISTED -
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
10:00 AM
Docket 1
NONE LISTED -
Debtor refers in its status report to a settlement with Travel Traders Hotel that was approved on September 19, 2018. This must be inaccurate. What is the status of this settlement?
Set deadline for service of notice of bar date and bar date.
Debtor(s):
DDC Group, Inc. Represented By
M Jonathan Hayes
11:00 AM
fr. 10-15-14, 10-29-14, 11-5-14, 1-14-15, 5-20-15, 7-22-15, 10-14-15, 2-10-16,
2-24-16, fr. 3-30-16, 5-11-16, 8-3-16, 9-14-16, 9-28-16, 12-14-16, 2-1-17,
5-3-17, 6-7-17, 8-2-17, 8-30-17, 2-28-18
Docket 1
NONE LISTED -
Several parties appear interested in purchasing the debtor's real properties. Debtor should notice sales of these properties subject to overbid even without having first selected a stalking horse bidder. Interested parties competing with one another to purchase these properties should produce highest and best offer as among current prospective purchasers. Set deadline for debtor to bring motion for approval of sales of all properties. Court will enter order appointing trustee if motion to approve sale is not brought by deadline imposed by the Court.
8/3/15 -- Court signed scheduling order setting following dates:
Cont'd hearing on motion to appoint trustee and for relief from stay -- October 14, 2015 at 11:00 a.m.
L/D to file and serve motion for authority to sell Albany Properties -- August 12, 2015
L/D to file application to employ broker(s) (or include within sale motion) -- August 12, 2015
Sale hearing -- October 14, 2015 at 11:00 a.m.
Tentative Ruling for October 14, 2015:
If Albany sale closes, will debtor be in a position to file plan? Hearing
11:00 AM
required.
1/4/16 -- Court approved stipulation continuing hearing to February 24, 2016 at 11:00 a.m. OFF CALENDAR FOR JANUARY 6, 2016.
Tentative Ruling for February 24, 2016:
If Albany sale closes, will debtor be in a position to file plan? Hearing required.
3/21/16 -- Court signed order continuing hearing to May 11, 2016 at 2:00 p.m. OFF CALENDAR FOR MARCH 30, 2016.
4/25/16 -- Court approved stipulation continuing hearing to August 3, 2016 at 2:00 p.m. OFF CALENDAR FOR MAY 11, 2016.
Tentative Ruling for August 3, 2016:
According to the docket, the parties settled this matter during a settlment conference held June 13, 2016 before Judge Jury. What has happened since then? Will there be an amended plan? What is the status of this matter?
Tentative Ruling for September 14, 2016:
Continue to September 28, 2016 at 11:00 a.m. to be heard concurrently with substantive motions set for hearing at that date and time. OFF CALENDAR FOR SEPTEMBER 14, 2016.
Tentative Ruling for September 28, 2016:
Revisit status of case after conclusion of hearings on related matters.
Tentative Ruling for December 14, 2016:
Continue to February 1, 2017 at 2:00 p.m. to be heard concurrently with
11:00 AM
hearing on amended disclosure statement. OFF CALENDAR FOR DECEMBER 14, 2016.
Tentative Ruling for February 1, 2017:
Revisit status of case after conclusion of hearing on disclosure statement.
4/26/17 -- Court approved stipulation continuing hearing to June 7, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 3, 2017. NO APPEARANCE REQUIRED.
6/2/17 -- Court approved stipulation continuing hearing to August 2, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 7, 2017.
Tentative Ruling for August 30, 2017:
Revisit status of case after conclusion of confirmation hearing.
Tentative Ruling for February 28, 2018:
Court has reviewed reorganized debtor's status report. Page 6 of that report states that all class 6 claimants have received payments other than Jeffrey Thomas. Has the reorganized debtor been depositing payments on account of this disputed claim into a disputed claim reserve? Hearing required.
7/16/18 -- Court approved stipulation continuing hearing to September 5, 2018 at 10:00 a.m. OFF CALENDAR FOR AUGUST 8, 2018.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
11:00 AM
fr. 3-16-16, 5-4-16, 8-10-16, 10-19-16, 11-2-16, 12-14-16, 2-15-17,4-26-17,
10-4-17, 12-6-17, 2-28-18
Docket 1
NONE LISTED -
When Court appointed trustee, Court set case status conference for May 4, 2016 at 11:00 a.m. and instructed UST to include in order appointing trustee the date of the status conference and that a written status report will be due by April 22. This language did not find its way into the order. No status report was filed.
What is the status of this matter?
Tentative Ruling for August 10, 2016:
When will trustee be filing chapter 11 plan? Continue case status conference to date that can serve as date of hearing on disclosure statement. Waive requirement of updated status report for next hearing.
Tentative Ruling for November 2, 2016:
Revisit status of case after conclusion of hearing on disclosure statement.
12/5/16 -- court continued hearings to February 15, 2017 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 14, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for February 15, 2017:
11:00 AM
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for April 26, 2017:
If court confirms plan, take case status conference off calendar and set post- confirmation status conference.
Tentative Ruling for October 4, 2017:
At trustee's request, continue post-confirmation status conference to December 6, 2017 at 11:00 a.m. Trustee should file updated status report not later than November 29, 2017. APPEARANCES WAIVED ON OCTOBER 4, 2017.
Tentative Ruling for December 6, 2017:
Debtor should demand return of excess funds by a date certain and, if funds are not returned by that date, bring a motion to compel refund of overpayment. Continue case status conference to February 28, 2018 at 11:00 a.m. Trustee should file an updated status report not later than February 16, 2018. APPEARANCES WAIVED ON DECEMBER 6, 2017.
Tentative Ruling for February 28, 2018:
It seems pretty straightforward that PA Investment should be required to return the overpayment (the "Excess Funds"). Set deadline for the debtor to commence action against PA Investment for a return of the Excess Funds. If the debtor fails to comply with this deadline or to supply the missing $85,000 itself, trustee should move forward with a sale of the property. Plan needs to be consummated.
3/2/18 -- Court signed scheduling order directing debtor to either commence adversary proceeding against PA Investment for the overpayment (or to pay this amount to the trustee itself) or the trustee will have authority to enforce and implement the default provisions under the plan.
Tentative Ruling for August 8, 2018:
11:00 AM
Continue status conference to November 6, 2018 at 2:00 p.m. as a holding date, at which point the court will set a further continued status conference, the date of which will depend on what happens at the status conference in the reorganized debtor's adversary proceeding. APPEARANCES WAIVED ON AUGUST 8, 2018.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro
Trustee(s):
Elissa Miller (TR) Represented By David M Goodrich Asa S Hami Daniel A Lev
11:00 AM
fr. 1-4-17, 1-5-17, 2-8-17, 3-8-17, 5-17-17, 7-25-17, 1-24-18, 1-31-18
Docket 1
NONE LISTED -
12/20/16 -- At hearing held this date, Court continued case status conference to January 5, 2017 at 10:00 a.m. OFF CALENDAR FOR JANUARY 4, 2017.
Tentative Ruling for January 5, 2017:
Future status reports need not repeat information contained in prior reports. Court is interested in knowing about the current case status, recent developments, current challenges, etc.
Set deadline for service of bar date notice and bar date for filing proofs of claim. Set deadline for filing plan and disclosure statement.
1/6/17 -- court signed scheduling order setting following dates: 1/13/17 -- L/D to serve notice of bar date
2/8/17 at 2:00 p.m. -- continued case status conference 3/17/17 -- Bar date
3/31/17 -- L/D to file plan and disclosure statement (requirement of status report waived for Feb 8 conference)
Tentative Ruling for March 8, 2017:
Continue case status conference to a date that would coincide with the anticipated date of a hearing on a disclosure statement.
11:00 AM
3/16/17 -- Court signed scheduling order setting following dates:
L/D to file plan and disclosure statement -- April 5, 2017 Cont'd status conference -- May 17, 2017 at 11:00 a.m. Status report waived.
Hearing on disclosure statement -- May 17, 2017 at 11:00 a.m.
Tentative Ruling for May 17, 2017:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for July 25, 2017:
If court confirms plan, set post-confirmation status conference for approximately 180 days after effective date.
Tentative Ruling for January 24, 2018:
Continue status conference to January 31, 2018 at 10:00 a.m. to be heard concurrently with objections to claim scheduled for hearing that date. No new status report is required for that continued status conference. OFF CALENDAR FOR JANUARY 24, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 31, 2018:
Continue status conference for approximately 6 months. Set new deadline for filing updated status report.
Tentative Ruling for August 8, 2018:
The post-confirmation status report provides a list of administrative claims that have been paid and identifies several others as to which objections to claim have been sustained, but are there any other priority or administrative claims outstanding? Any other outstanding objections? Any other allowed priority or administrative claims that have not been paid? Hearing required.
11:00 AM
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball
11:00 AM
fr. 1-4-17, 1-25-17, 7-26-17, 10-4-17, 2-28-18
Docket 1
8/1/18 - Steven R. Fox , for the debtor (818) 774-3707, has been approved for telephonic appearance on 8/8/18 @ 11am
11/16/16 -- At hearing held this date, Court continued case status conference to January 25, 2017 at 11:00 a.m. Debtor should file and serve status report by January 11, 2017. OFF CALENDAR FOR JANUARY 4, 2017. NO APPEARANCE REQUIRED.
Tentative Ruling for January 25, 2017:
Set deadline for serving notice of bar date and bar date for filing proofs of claim. In the status report, debtor reports that it is still losing money. When does the debtor anticipate that this will turn around? What additional steps is the debtor taking in an effort to turn this around? Hearing required.
Final Ruling for January 25, 2017:
Set deadline for serving bar date notice of January 30, 2017. Bar date will be March 17, 2017. Continue status conference to April 26, 2017 at 11:00 a.m. Debtor should file updated status report not later than April 14, 2017.
Tentative Ruling for April 26, 2017:
Debtor served notice of bar date, but did not lodge order imposing a bar date. (Court's notes do not reflect instructing counsel to do so, but court will need
11:00 AM
such an order on the docket. Counsel should lodge one now.)
Set deadline for filing plan and disclosure statement in late May, 2017. Continue case status conference to date that can serve as date of hearing on debtor's disclosure statement.
4/27/17 -- court signed order setting bar date of March 17, 2017.
5/3/17 -- Court signed scheduling order setting deadline for filing plan and disclosure statement of June 7, 2017.
Tentative Ruling for July 26, 2017:
Continue case status conference to date and time of continued hearing on disclosure statement or, if disclosure statement is approved, to the date and time of the confirmation hearing.
Tentative Ruling for October 4, 2017:
If court confirms plan, set post-confirmation status conference and deadline for filing post-confirmation status report, supported by declaration.
Tentative Ruling for February 28, 2018:
What, if anything, has to occur before the debtor will be in a position to move for entry of a final decree? Are there any unresolved disputes or claim objections?
Tentative Ruling for August 8, 2018:
Reorganized debtor reports that its revenues have usually been higher, by perhaps as much as $31,000 per month. Does the reorganized debtor believe that it will be able to remain current on the payments due under the plan once it is required to start making payments to its unsecured creditors?
Hearing required.
11:00 AM
Debtor(s):
Critical Car Care, Inc. Represented By Steven R Fox
11:00 AM
Docket 1096
8/7/18 - Joon W. Song, Atty for creditor Bank of Hope (323)847-2188 has been approved for telephonic appearance on 8/8/18 @ 11am
Hearing required.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Movant(s):
Committee of Creditors Holding Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon
Committee of Creditors Holding Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ
11:00 AM
John N Tedford
10:00 AM
MOVANT: WELLS FARGO BANK, N.A.
Docket 9
8/7/18, Jennifer H. Wang, (714)431-1058, atty. for creditor Wells Fargo, has been approved for telephonic appearance on 8/14/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Caesar Rios Represented By
Alon Darvish
Movant(s):
Wells Fargo Bank, N.A. dba Wells Represented By
Jennifer H Wang
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: US. BANK NATIONAL ASSOCIATION
Docket 8
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Olga L Sanchez Represented By
Michael H Colmenares
Movant(s):
U.S. Bank National Association, as Represented By
Dane W Exnowski
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
MOVANT: RAQUEL DEJBAKHSH
Docket 10
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Christina Vasquez Pro Se
Movant(s):
Raquel Dejbakhsh Represented By Vic Rodriguez
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Adv#: 2:17-01375 DeBellis et al v. UNITED STATES OF AMERICA on behalf of the
fr. 10-3-17, 1-23-18, 5-8-18, 6-12-18
Docket 1
NONE LISTED -
Set discovery cutoff for late April, 2018 and continue status conference to approximately same time frame.
1/24/18 -- Court approved scheduling order setting following dates: L/D to complete discovery -- April 30, 2018
L/D to file pretrial motions -- June 15, 2018
Cont'd status conference -- May 8, 2018 at 2:00 p.m. L/D to file joint status report -- April 24, 2018
4/2/18 -- Court approved stipulation setting following dates: Cont'd status conference -- June 12, 2018 at 2:00 p.m.
Cont'd discovery cutoff -- May 30, 2018
New L/D to file pretrial motions -- July 20, 2018 New L/D to file joint status report -- May 29, 2018
OFF CALENDAR FOR MAY 8, 2018.
5/16/18 -- Court approved stipulation modifying scheduling order in the following respects:
2:00 PM
L/D to complete discovery -- July 31, 2018
L/D to file dispositive motions -- August 24, 2018 Status conference -- August 14, 2018 at 2:00 pm L/D to file joint status report -- July 31, 2018
OFF CALENDAR FOR JUNE 12, 2018.
7/27/18 -- Court approved stipulation continuing discovery cutoff to October 31, 2018, continuing deadline for filing pretrial motions to November 15, 2018 and continuing status conference to November 6, 2018 at 2:00 p.m. Parties shall file joint status report not later than October 23, 2018. OFF CALENDAR FOR AUGUST 14, 2018.
Debtor(s):
AJ DeBellis Represented By
Mark T Young
Defendant(s):
UNITED STATES OF AMERICA Represented By
Jolene Tanner
State Of California Franchise Represented By Charles Tsai
Joint Debtor(s):
Victoria Collette DeBellis Represented By Mark T Young
Plaintiff(s):
AJ DeBellis Represented By
Mark T Young
Victoria Collette DeBellis Represented By Mark T Young
2:00 PM
Trustee(s):
Richard K Diamond (TR) Represented By Ivan L Kallick
2:00 PM
Adv#: 2:17-01274 Tawansy et al v. Leslie
fr. 7-25-17, 12-5-17, 3-6-18, 4-10-18
Docket 1
7/2/18 - Notice of unavailability of Counsel, Saul Reiss from August 24, 2018 through October 19, 2018.
This is the first status conference. Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
7/28/17 -- Court approved scheduling order setting following dates: Status conference continued to December 5, 2017 at 2:00 pm
L/D to file joint status report -- November 21, 2017 L/D to complete mediation -- December 5, 2017
L/D to lodge order appointing mediators -- August 21, 2017 8/29/17 -- Court entered order appointing mediators.
Tentative Ruling for December 5, 2017:
The trustee contends that the action is untimely because no proof of claim was filed and that the Court can summarily dismiss the matter. Court does not agree. Failure to file a proof of claim would not transmute property of a third party into property of the estate. If trustee believes there is a basis for a
2:00 PM
summary adjudication, he should bring a motion requesting such relief.
It does appear that many or most of the operative facts are undisputed. What issues are the parties attempting to address in discovery? Hearing required.
Tentative Ruling for March 6, 2018:
Revisit status of action after conclusion of hearing on motion for summary adjudication of issues.
Tentative Ruling for April 10, 2018:
Now that the parties have had an opportunity to review this Court's March 12, 2018 memorandum, do they need to do additional discovery in this action or are they prepared to proceed to trial?
Hearing required.
5/7/18 -- Court approved scheduling order with following dates:
Cont'd status conference -- August 14, 2018 at 2:00 p.m. L/D to file joint status report -- July 31, 2018
L/D to complete discovery -- July 20, 2018 L/D to complete mediation -- August 14, 2018
L/D to lodge order appointing mediator -- May 4, 2018
7/16/18 -- Court approved stipulation resolving (and dismissing) adversary proceeding. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Raymond Renaissance Theater, LLC Represented By
Michael R Totaro
Defendant(s):
Sam S. Leslie Represented By
Rosendo Gonzalez
2:00 PM
Plaintiff(s):
Khaled A. Tawansy Represented By Matthew Grimshaw Chad V Haes
Khaled A. Tawansy, M.D., Inc. Represented By Matthew Grimshaw Chad V Haes
Trustee(s):
Sam S Leslie (TR) Represented By Rosendo Gonzalez
2:00 PM
Adv#: 2:16-01477 Wipranik v. Marome et al
fr. 1-3-17, 4-4-17, 6-27-17, 8-29-17, 10-3-17, 2-6-18, 4-10-18
Docket 1
NONE LISTED -
Revisit status of action after conclusion of hearing on motion to dismiss.
2/13/17 -- Court signed order extending deadline to file amended complaint until February 11, 2017. Responses shall be filed and served by March 8, 2017. Any hearing on a motion to dismiss shall be set for April 4, 2017 at 2:00 p.m.
6/19/17 -- Court signed order appointing mediators.
Tentative Ruling for June 27, 2017:
Have the parties now completed their initial exchanges under Rule 7026? If not, why not? Hearing required.
Tentative Ruling for August 29, 2017:
Parties are scheduled to attend mediation on August 31, 2017. Continue status conference to October 3, 2017. Appearances waived on August 29, 2017 on this matter.
Tentative Ruling for October 3, 2017:
2:00 PM
What is the status of this matter? Did the parties attend a mediation on August 31, 2017? Hearing required.
1/30/18 -- Court approved stipulation continuing hearing to April 10, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 6, 2018.
Tentative Ruling for April 10, 2018:
Set discovery cutoff for approximately 90 days. Set deadline for filing pretrial motions and pretrial conference.
4/16/18 -- Court approved scheduling order with following dates: Pretrial conference -- August 14, 2018 at 2:00 p.m.
L/D to lodge joint pretrial order -- July 31, 2018 Discovery cutoff -- July 20, 2018
L/D to file pretrial motions -- July 31, 2018
7/27/18 -- Court approved stipulation setting the following continued dates: Pretrial conference -- October 2, 2018 at 2:00 p.m.
L/D to lodge joint pretrial order -- September 18, 2018 L/D to file pretrial motions -- September 18, 2018 Mediation date -- August 10, 2018
OFF CALENDAR FOR AUGUST 14, 2018.
Debtor(s):
Herzl Ben Marome Represented By Shai S Oved
Leslie Richards - SUSPENDED BK -
Defendant(s):
Herzl Ben Marome Represented By Shai S Oved
2:00 PM
Does 1 Through 10 Inclusive Pro Se
Plaintiff(s):
Yona Wipranik Represented By Stella A Havkin
Trustee(s):
John J Menchaca (TR) Represented By
M Douglas Flahaut Sevan Gorginian Aram Ordubegian
Christopher K.S. Wong
2:00 PM
Adv#: 2:17-01018 BACH THANH CERAMICS CO, LTD et al v. NGUYEN
fr. 3-28-17, 4-11-17, 7-11-17, 10-17-17, 2-27-18, 4-10-18
Docket 1
8/10/18 - Joey Moore, (714)438-7210, has been approved for telephonic appearance on 8/14/18 @ 2pm
Tentative Ruling for July 11, 2017:
Plaintiff has now filed amended complaint and obtained and served alias summons. Defendant has filed an answer to complaint. According to the status report, court has granted relief from stay to permit the matter to proceed to trial in state court. That trial was scheduled to commence on June 28, 2017. Did trial get continued? What is the status of the state court action?
Final Ruling for July 11, 2017:
Matter did not proceed to trial in state court. One of defendants filed chapter 13 before Judge Brand. Plaintiff intends to move for relief from stay.
Continue status conference to October 17, 2017 at 2:00 p.m. Parties shall file joint status report not later than October 3, 2017.
Tentative Ruling for October 17, 2017:
According to status report, chapter 13 case has been dismissed and a trial setting conference was scheduled to be held in state court on October 6, 2017. What happened at that trial setting conference?
2:00 PM
Final Ruling for October 17, 2017:
Continue status conference to February 27, 2018 at 2:00 p.m. Plaintiff should give notice. Parties should file joint status report not later than February 13, 2018.
Tentative Ruling for February 27, 2018:
The parties report that the matter has been "conditionally settled" and that the settlement should be consummated by July 31, 2018. What does this mean? What are the terms of the proposed settlement? Hearing required.
Tentative Ruling for April 10, 2018:
The status report states that the parties have reached a "conditional" settlement. What is conditional about the settlement? Hearing required.
Tentative Ruling for August 14, 2018:
Plaintiff reports that defendant has defaulted on the payments due under the parties' conditional settlement agreement. Discuss next steps with parties.
Debtor(s):
YEN NGUYEN Pro Se
Defendant(s):
YEN NGUYEN Represented By
Yen Nguyen - INACTIVE -
Plaintiff(s):
BACH THANH CERAMICS CO, Represented By
Joey P Moore
BACH THANH CERAMICS, INC. Represented By
Joey P Moore
2:00 PM
Hoa Thuy Tran Represented By Joey P Moore
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01031 Golden, Chapter 7 Trustee v. SIMLIM et al
Beom Sik Kim, Jung Shup Sim fr. 4-10-18
Docket 1
NONE LISTED -
Continue status conference approximately 90 to 120 days. Order parties to complete a day of mediation prior to date of continued status conference.
4/16/18 -- Court approved scheduling order with following dates: Cont'd status conference -- August 14, 2018 at 2:00 p.m.
L/D to file status report -- July 31, 2018
L/D to complete mediation -- August 14, 2018
L/D to lodge order appointing mediators -- May 18, 2018
\
5/22/18 -- Court approved order appointing mediators. Tentative Ruling for August 14, 2018:
Did the parties attend mediation on August 9? If not, why not?
Debtor(s):
JUNG SHUP SIM Represented By
2:00 PM
Jaenam J Coe
Defendant(s):
MIJA SIMLIM Represented By Jaenam J Coe
BEOM SIK KIM Represented By Christian T Kim
JUNG SHUP SIM Represented By Jaenam J Coe
Plaintiff(s):
Jeffrey I. Golden, Chapter 7 Trustee Represented By
Sonia Singh Eric P Israel
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel Sonia Singh
2:00 PM
Adv#: 2:18-01110 Arroyo Vision Care, LLC v. PA Investment Fund, LLC et al
FR. 6-26-18
Docket 1
7/2/18 - Notice of Unavailability of Counsel, Saul Reiss, from August 24, 2018 through October 19, 2018.
5/16/18 -- Court approved stipulation extending deadline to respond to complaint to June 4, 2018.
5/30/18 -- Court approved stipulation extending plaintiff's deadline to file amended complaint to June 15, 2018 and defendant's deadline to respond to complaint to July 9, 2018. Status conference continued to August 14, 2018 at
2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
7/26/18 -- Court approved stipulation continuing status conference to November 6, 2018 at 2:00 p.m. OFF CALENDAR FOR AUGUST 14, 2018.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro Matthew Grimshaw
Defendant(s):
PA Investment Fund, LLC Represented By
2:00 PM
Saul Reiss
Mehran Farhadi Represented By Saul Reiss
Joseph Ghadir Represented By Saul Reiss
Raymond Aver Pro Se
Plaintiff(s):
Arroyo Vision Care, LLC Represented By Matthew Grimshaw Chad V Haes
Trustee(s):
Elissa Miller (TR) Represented By David M Goodrich Asa S Hami Daniel A Lev
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
Docket 50
NONE LISTED -
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Tentative Ruling for April 3, 2018:
What, if any, progress has been made with regard to settlements? Are the parties ready to proceed to hearing on this motion?
4/2/18 -- Court approved stipulation continuing hearing to May 8, 2018 at 2:00
p.m. OFF CALENDAR FOR APRIL 3, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for May 8, 2018:
Court has prepared a tentative ruling that has been withheld. What is the status of this matter? Are the parties ready to proceed to a hearing on this motion?
5/7/18 -- Court approved stipulation continuing hearing to June 26, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 8, 2018. NO APPEARANCE REQUIRED.
6/22/18 -- Court signed order approving stipulation continuing hearing to August 14, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
2:00 PM
Tentative Ruling for August 14, 2018:
Court has prepared a tentative ruling that has been withheld. What is the status of this matter? Are the parties ready to proceed to a hearing on this motion?
8/10/18 -- Court signed order approving stipulation continuing hearing to October 9 (not October 2), 2018 at 2:00 p.m. OFF CALENDAR FOR
AUGUST 14, 2018.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Movant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By
2:00 PM
Trustee(s):
Leslie A Cohen
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
fr. 8-1-17, 8-29-17, 10-3-17, 3-6-18, 3-20-18, 4-3-18, 5-8-18, 6-26-18
Docket 1
NONE LISTED -
6/26/17 -- Court approved stipulation continuing defendant's response date to August 4, 2017 and continuing status conference to August 29, 2017 at 2:00
p.m. OFF CALENDAR FOR AUGUST 1, 2017.
8/22/17 -- Court approved stipulation continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 29, 2017.
Tentative Ruling for January 30, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Tentative Ruling for April 3, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss. 4/2/18 -- Court approved stipulation continuing hearing to May 8, 2018 at 2:00
p.m. OFF CALENDAR FOR APRIL 3, 2018. NO APPEARANCE REQUIRED.
2:00 PM
Tentative Ruling for May 8, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
5/7/18 -- Court approved stipulation continuing hearing to June 26, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 8, 2018. NO APPEARANCE REQUIRED.
6/22/18 -- Court signed order approving stipulation continuing hearing to August 14, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Tentative Ruling for August 14, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
8/10/18 -- Court signed order approving stipulation continuing hearing to October 9 (not October 2), 2018 at 2:00 p.m. OFF CALENDAR FOR
AUGUST 14, 2018.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
2:00 PM
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
MOVANT: ROYAL BUSINESS BANK fr. 7-11-17, 6-13-17, 12-19-17, 4-11-18
Docket 24
NONE LISTED -
Tentative Ruling for June 13, 2017:
Deny motion for lack of cause shown. Movant has filed a 523 action. Court can hold that in abeyance while movant litigates in state court with Chen and Li. Movant can assert by way of affirmative defense in the state court action that it did nothing wrong and that any wrongful conduct was that of the debtor and not the bank. If and when movant has any liability in the state court action, if there is a theory under which movant believes it may impose that liability on debtor, it can attempt to do so in its adversary proceeding. What is the advantage of granting relief from stay to have debtor's liability litigated in state court when this court will have to examine any findings to ascertain whether any liability is dischargeable anyway?
Final Ruling for June 13, 2017:
Continue hearing to July 11, 2017 at 2:00 p.m. to be heard concurrently with status conference in adversary proceeding in lieu of denial (at movant's request). Briefing closed. Conduct July 11 hearing as a status conference. If and when Court believes it might make sense to grant relief from stay, court will give plaintiff an opportunity to file supplemental brief and debtor an
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opportunity to respond.
Tentative Ruling for July 11, 2017:
Revisit status of motion after conclusion of status conference.
Tentative Ruling for December 19, 2017:
At request of parties, continue hearing on motion for relief from stay and status conference to April 11, 2018 at 2:00 p.m. APPEARANCES WAIVED ON DECEMBER 19, 2017.
Tentative Ruling for April 11, 2018:
At request of parties, continue hearing on motion for relief from stay and status conference to August 14, 2018 at 2:00 p.m. Parties should file updated status report not later than two weeks prior to the continued status conference. APPEARANCES WAIVED ON APRIL 11, 2018.
Tentative Ruling for August 14, 2018:
At request of plaintiff, continue hearing on motion for relief from stay and status conference to December 11, 2018 at 2:00 p.m. Parties should file updated status report not later than two weeks prior to the continued status conference. APPEARANCES WAIVED ON AUGUST 14, 2018.
Debtor(s):
George Tsai Represented By
Sam X J Wu
Movant(s):
Royal Business Bank, a California Represented By
Yuriko M Shikai
2:00 PM
Trustee(s):
Eva Wong
David A Gill (TR) Pro Se
2:00 PM
Adv#: 2:17-01270 Royal Business Bank, a California banking corporat v. Tsai
fr. 7-11-17, 12-19-17, 4-11-18
Docket 1
NONE LISTED -
What, if any, progress has been made in the related state court actions? Hearing required.
Tentative Ruling for December 19, 2017:
At request of parties, continue hearing on motion for relief from stay and status conference to April 11, 2018 at 2:00 p.m. Parties should file updated status report not later than two weeks prior to the continued status conference. APPEARANCES WAIVED ON DECEMBER 19, 2017.
Tentative Ruling for April 11, 2018:
At request of parties, continue hearing on motion for relief from stay and status conference to August 14, 2018 at 2:00 p.m. Parties should file updated status report not later than two weeks prior to the continued status conference. APPEARANCES WAIVED ON APRIL 11, 2018.
Tentative Ruling for August 14, 2018:
At request of plaintiff, continue hearing on motion for relief from stay and status conference to December 11, 2018 at 2:00 p.m. Parties should file
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updated status report not later than two weeks prior to the continued status conference. APPEARANCES WAIVED ON AUGUST 14, 2018.
Debtor(s):
George Tsai Represented By
Sam X J Wu
Defendant(s):
George Tsai Represented By
Sam X J Wu
Plaintiff(s):
Royal Business Bank, a California Represented By
Yuriko M Shikai Nikki Ma
Trustee(s):
David A Gill (TR) Pro Se
2:00 PM
Adv#: 2:18-01198 Hale v. U.S. Bank Trust , N.A. As Trustees for LSF9 Master
Docket 5
NONE LISTED -
Debtor filed bankruptcy on February 26, 2018. The facts and circumstances that gave rise to whatever claim for relief the debtor is seeking to assert occurred prepetition, yet debtor did not disclose the existence of any claims on the schedules that he filed commencing this action. (He answered "no" to questions 33, 34 and 35 on his Schedule A/B.) Therefore, any affirmative claims that debtor may assert against defendant were not abandoned back to the debtor when this case was closed and remain property of the bankruptcy estate (which means that this estate would have jurisdiction over such claims if they existed). But debtor lacks standing to prosecute any such claims.
Moreover, court agrees that debtor has failed to state claim for relief. Aside from the fact that the complaint is unintelligible, to the extent that the court can make any sense out of it, it still fails to state a claim. Debtor seems to be asserting a right to demand that its lender prove up its right to foreclose or the chain of title. California state law has confirmed that there is no such cause of action.
In Gomes v. Countrywide Home Loans, Inc., 192 Cal. App. 4th 1149 (2011), the California Court of Appeals explained that one purpose of California's comprehensive framework for the regulation of nonjudicial foreclosure is to provide a beneficiary with a quick, inexpensive and efficient remedy against a defaulting borrower. Nowhere does this scheme provide for a judicial action by the borrower to determine whether the person initiating the foreclosure process is authorized, and there is no ground for implying
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such an action. Recognition of such a right would fundamentally undermine the nonjudicial nature of the process and introduce the possibility of lawsuits filed solely for the purpose of delaying valid foreclosures.
Grant motion. Dismiss action for lack of standing and on the merits.
Debtor(s):
Myron Hale Pro Se
Defendant(s):
U.S. Bank Trust , N.A. As Trustees Represented By
Regina J McClendon
Movant(s):
U.S. Bank Trust , N.A. As Trustees Represented By
Regina J McClendon
Plaintiff(s):
Myron Hale Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:18-01198 Hale v. U.S. Bank Trust , N.A. As Trustees for LSF9 Master
Docket 1
NONE LISTED -
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
Myron Hale Pro Se
Defendant(s):
U.S. Bank Trust , N.A. As Trustees Represented By
Regina J McClendon
Plaintiff(s):
Myron Hale Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
fr. 8-15-17
Docket 60
NONE LISTED -
Trustee has now filed no asset report. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Victor Vicent Ambrosio Represented By Stuart M Price
Stanley W Mckiernan
Joint Debtor(s):
Linda Martinez Represented By Stuart M Price
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
fr. 8-15-17
Docket 34
NONE LISTED -
Trustee has now filed no asset report. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
B MY APPAREL Represented By Jason John Kim
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Greenlawn Water District, and Town of Huntington, New York fr. 5-30-18, 6-27-18, 7-18-18
Docket 173
NONE LISTED -
Trustee cannot unilaterally continue hearing without court's consent once it is on the court's calendar. Why does the trustee want this matter continued.
6/15/18 -- Court approved stipulation continuing hearing to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR JUNE 27, 2018.
7/5/18 -- Court approved stipulation continuing hearing to August 15, 2018 at 10:00 a.m. OFF CALENDAR FOR JULY 18, 2018.
8/8/18 -- Court approved stipulation continuing hearing to August 29, 2018 at 10:00 a.m. OFF CALENDAR FOR AUGUST 15, 2018.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
10:00 AM
George E Schulman
10:00 AM
Docket 14
NONE LISTED -
Motions were filed without supporting documents and calculations on attachment do not add up properly. Discuss with movant problems with motion.
Debtor(s):
Jesse Medel Represented By
Yelena Gurevich
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 13
NONE LISTED -
Motions were filed without supporting documents and calculations on attachment do not add up properly. Discuss with movant problems with motion.
Debtor(s):
Jesse Medel Represented By
Yelena Gurevich
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Salesforce.com, Inc. and Yahoo!, Inc. Only - Claim Nos. 242, 272 and 292 by Stipulation/Order:
fr. 4-4-18, 4-25-18, 7-18-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
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136 H & D Accessories
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
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205 Rehab
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
- NONE LISTED -
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
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no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
4/2/18 -- Court approved stipulation to continuing hearing on objection to claim no. 242 to April 25, 2018 at 10:00 a.m.
AS ALL PENDING OBJECTIONS HAVE NOW BEEN RESOLVED OR CONTINUED, OFF CALENDAR FOR APRIL 4, 2018.
4/15/18 -- Court continued hearings on objections to claim nos. 242, 272 and 292 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 25, 2018.
5/24/18 -- Court approved stipulation continuing hearings on objections to claims 242, 272 and 292 to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018. NO APPEARANCE REQUIRED.
7/16/18 -- Court approved stipulations resolving objections to claim nos. 272 and 292. Only unresolved objection is to claim no. 242.
7/16/18 -- Court approved stipulation continuing hearing on objection to claim no. 242 to August 15, 2018 at 10:00 a.m. OFF CALENDAR FOR JULY 18,
2018.
8/18/18 -- Court approved stipulation continuing hearing to September 26, 2018 at 10:00 a.m. OFF CALENDAR FOR AUGUST 15, 2018.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier
10:00 AM
Movant(s):
Kevin Meek Lorie A Ball David B Shemano
Province, Inc, as Trustee of the NG Represented By
Kevin Meek
10:00 AM
Docket 124
- NONE LISTED -
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Young Keun Park Pro Se
Trustee(s):
Elissa Miller (TR) Represented By Annie Y Stoops Aram Ordubegian Arent Fox
10:00 AM
Docket 121
- NONE LISTED -
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Colima BBQ, Inc Represented By Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
10:00 AM
Docket 573
NONE LISTED -
NONE LISTED -
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
11:00 AM
Docket 1
NONE LISTED -
Set deadline for serving notice of bar date and bar date. Continue case status conference to a date after bar date. Set deadline for filing updated status report. Court will set deadline for filing plan and disclosure statement at continued status conference. Discuss with debtor what needs to happen before plan of reorganization can be filed.
1/26/18 -- Court signed scheduling order setting following dates: L/D for serving notice of bar date -- January 31, 2018
Bar date -- March 16, 2018
Cont'd status conference -- April 25, 2018 at 11 L/D to file updated status report -- April 13, 2018
Tentative Ruling for April 25, 2018:
Court notes that the proposed compromise with Georges includes releases for the debtor's parents, Sarkis and Alice Manjikian. How can the debtor be relied upon to act in the best interest of creditors of his estate in connection with negotiations with his parents? Discuss with debtor possible structures for the handling of this negotiation. Set deadline for filing plan and disclosure statement.
Tentative Ruling for June 27, 2018:
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What are the principal terms of the proposed compromise between the debtor and his parents and when will the debtor be in a position to bring a motion for approval of this compromise? Hearing required.
Tentative Ruling for August 15, 2018:
Continue case status conference to August 29, 2018 at 10:00 a.m. so that it may be heard concurrently with motion for approval of compromise. (No updated status report will be required for that status conference.) APPEARANCES WAIVED ON AUGUST 15, 2018.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub
11:00 AM
Docket 1
8/10/18 - Robert Yaspan, (818)905-7711, has been approved for telephonic appearance on 8/15/18 @ 11am
Tentative Ruling for May 30, 2018:
In response to emergency motions, court entered an order setting bar date of June 11, 2018.
Debtors should file motions to extend the time to assume or reject its leases or obtain a written stipulation extending these deadlines. Court cannot have debtors' principal with the additional leverage over the debtors of a deemed rejection of their sublease.
Final Ruling for May 30, 2018:
Continue case status conference to July 18, 2018 at 11:00 a.m. Debtor should file updated status report not later than July 6, 2018, unless debtor's motion to dismiss is on file and set for hearing the same date. (Lease expires July 31, 2018. Debtor is expecting extension but doesn't have document yet.) (Parties have reached a preliminary settlement and anticipate that they will be moving to dismiss bankruptcy case.)
Tentative Ruling for July 18, 2018:
Debtor filed updated status report on July 6. Documents filed less than two weeks prior to hearing date must be served on judge by some expedited
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means, not merely by U.S. Mail to ensure that judge receives service copy.
Debtors are still reporting that they plan to move to dismiss. When do parties anticipate that such a motion will be filed?
Tentative Ruling for August 15, 2018:
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
11:00 AM
Docket 123
8/10/18 - Robert Yaspan, (818)905-7711, has been approved for telephonic appearance on 8/15/18 @ 11am
Where is written statement from client concerning fees? If court does not approve compromise and dismiss case, is it appropriate for any award to be a "final allowance"?
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
11:00 AM
Docket 121
8/10/18 - Robert Yaspan, (818)905-7711, has been approved for telephonic appearance on 8/15/18 @ 11am
Discuss with parties whether some or all of this proposed compromise is in fact a disguised sale of assets in which Trentillium did not previously have an ownership interest and, therefore, whether different procedures must be employed. Hearing required.
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
11:00 AM
Docket 118
8/10/18 - Robert Yaspan, (818)905-7711, has been approved for telephonic appearance on 8/15/18 @ 11am
If court approves compromise, grant motion, but discuss timing of dismissal with parties and include judgment for outstanding UST fees in order dismissing case.
Debtor(s):
Alvin Lo Optometry Inc. Represented By Robert M Yaspan
2:00 PM
Docket 22
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Shemesha Yevett Collins Represented By Brad Weil
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Docket 111
NONE LISTED -
There are five classes under the plan. Debtor claims that only two of these classes are impaired (Class 2(A) and 3). Debtor asserts that Classes 1(A), 1(B) and 2(B) are unimpaired. Classes 1(A) and 1(B) are secured creditors whose claims will be paid in accordance with their existing agreements.
Provided no arrearages exist under these agreements, court agrees that these creditors are unimpaired; however, court disagrees with the debtor's assertion that Class 2(B) is unimpaired. Debtor is not proposing to pay interest on these claims on the effective date. Thus, they are impaired. (The code section that used to include payment in full without post-petition interest as a way to leave a claim unimpaired was deleted many years ago.) Both the plan and the disclosure statement lumped class 2(B) into class 2 along with the class 2(A) claims and stated that these claims were impaired (which is correct). The plan and disclosure statement provide that any creditor may elect to reduce its claim to $500 and thereby become a class 2(B) creditor, but did the debtor ever tell creditors how to make this election? Did anyone make this election?
Where in the confirmation motion does the debtor discuss how many claims there are in class 2(B) and how much the debtor will be required to pay on account of these claims on the effective date so that the Court can assess whether the plan is feasible?
Class 3 is the class of equity interests -- the insiders who control the debtor and have proposed the plan. They are not precluded from voting; however, the debtor cannot rely on their vote to be the impaired consenting class that the debtor would need if confirmation under section 1129(b) were required. As that does not appear to be the case here, this is not an issue. The debtor
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did not provide ballots from the holders of the class 3 interests, but the Court is prepared to assume that they support confirmation of the plan.
Hearing required.
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
2:00 PM
Docket 121
NONE LISTED -
See tentative ruling for matter no. 201.
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
2:00 PM
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. Set deadline for filing chapter 11 plan.
11/20/17 -- Court signed scheduling order with following dates: L/D to serve notice of bar date -- November 17, 2017
Bar date -- January 8, 2018
L/D to file updated status report -- February 16, 2018
Cont'd status conference -- February 28, 2018 at 11:00 a.m. L/D to file plan and disclosure statement -- March 31, 2018
Tentative Ruling for February 28, 2018:
Court signed an order authorizing the employment of Jennifer Min Liu as accountant on December 5, 2017. Why has the debtor filed another motion to approve her employment? Is different relief being requested this time?
Hearing required.
Tentative Ruling for August 15, 2018:
Revisit status of case after conclusion of confirmation hearing.
2:00 PM
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
2:00 PM
Docket 58
NONE LISTED -
Court does not find this form of plan and disclosure statement to be useful or intelligible. Discuss with debtor what plan and disclosure statement should look like.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
2:00 PM
Docket 1
NONE LISTED -
The term is a "pass through" entity, not a "path through" entity.
Debtor should not use form for status reports. Debtor should merely answer the questions in the court's status conference order. Form is extremely difficult to read, especially when combined in part with narrative sections.
Set deadline for serving notice of bar date and bar date. Debtor predicts that it will be able to file plan and disclosure statement by June 30? What, if anything, has to happen before debtor is in a position to file a plan? Hearing required.
4/13/18 -- Court approved order setting following dates: L/D to serve notice of bar date -- April 13, 2018
Bar date --- May 31, 2018
L/D to file plan and disclosure statement -- June 30, 2018 Hearing on disclosure statement -- August 15, 2018 at 2:00 p.m. Cont'd status conference -- August 15, 2018 at 2:00 p.m. (Requirement of updated status report is waived.)
Tentative Ruling for August 15, 2018:
Revisit status of case after conclusion of hearing on disclosure statement.
2:00 PM
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
2:00 PM
[Fees requested: $7,910.00, Expenses: $132.10]
Docket 74
8/14/18 -Anthony O. Egbase, 213-620-7070, has been approved for telephonic appearance on 8/15/18 @ 2:00 PM
Where is written statement from client (or former client)? Hearing required.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
2:00 PM
fr. 8-8-18
Docket 1096
8/9/18 - Uzzi Raanan, (310)801-1826, has been approved for telephonic appearance on 8/15/18 @ 2pm
8/13/18-Joon W. Song 323-847-2188, has been approved for telephonic appearance on 8/15/18 at 2PM
8/13/18-J. Alexandra Rhim, for creditor SMS Financial, 818-501-3800, has been approved for telephonic appearance on 8/15/18 at 2PM
Hearing required.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Movant(s):
Committee of Creditors Holding Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon
Committee of Creditors Holding Represented By
Lei Lei Wang Ekvall Robert S Marticello
2:00 PM
Trustee(s):
Michael Simon
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 5-8-18, 6-27-18
Docket 339
NONE LISTED -
Tentative Ruling for May 8, 2018:
Rulings on Plaintiff's Evidentiary Objections:
(Court has numbered individual objections interposed by plaintiff.)
Sustain.
Sustain.
Overrule.
Overrule.
Overrule.
Overrule.
Sustain.
Sustain.
Sustain.
Sustain.
Overrule.
Overrule.
Overrule.
Overrule.
Overrule.
Tentative Ruling on Merits:
Baker has fundamentally misconstrued what the court has ordered. The Court did not order Baker to provide Anderson with access to what Pickrell
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read or to emails that Baker has determined are relevant. The Court ordered Baker to provide Anderson with access to the same sources to which Pickrell was given access. The scope of the court's order is not limited to emails that Baker has decided relate to this litigation. Plaintiff should be given access to the email systems that Baker has used so that plaintiff can ascertain whether there are additional emails and files that Baker has attempted to prevent him from seeing. Further Baker does not sufficiently address or refute plaintiff's contention that he has deleted emails for which he has not accounted.
Baker's testimony concerning the amount of spam he receives and the spam he deleted is insufficient to account for the large quantity of data that appears to have vanished.
Court is inclined to enter the proposed form of order lodged by Baker, or at least significant portions of it; however, there is a problem. An OSC re contempt must be specific as to the possible sanctions to be imposed if a party is found in contempt and needs to be specific as to the allegedly contemptuous conduct.
Court will need to issue a new form of OSC that sets forth possible sanctions that may be imposed. Discuss with parties form of that order.
Final Ruling for May 8, 2018:
See written order entered June 27, 2018.
Tentative Ruling for June 27, 2018:
Court has signed a simplified and streamlined version of the proposed order lodged by the plaintiff last week; however, inasmuch as the form of that order was disputed and it wasn't even signed until June 26, 2018, the court modified the deadlines set forth in that order to give defendant the same amount of time to comply as had been originally envisioned by the Court.
The new dates set forth in that order include restoration by July 27, 2018, filing of the compliance declaration by August 3, 2018, service of reply papers by August 10, 2018 and a hearing on the OSC on August 16, 2018 at 10:00 a.m.
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Accordingly, this hearing should be continued to (or set for) August 16, 2018 at 10:00 a.m.
Tentative Ruling for August 16, 2018:
Defendant has not filed an opposition or response to this Court's June 26, 2018 OSC (the "OSC") and has not filed the compliance declaration that was due August 3, 2018. Thus, defendant has not offered the court any evidence to support the conclusion that he restored the required data by July 27, 2018 or sent out the preservation notices by July 27, 2018 to the vendors and witnesses listed on attachments D and E of the OSC (or any of the other parties identified in paragraph 18(a) of the OSC). Nor has the defendant offered the Court any evidence to support the conclusion that he is unable to restore the required data.
Enter an order:
making the factual findings set forth in paragraphs 3(a) through (g) of the OSC;
holding defendant in civil contempt and imposing monetary sanctions against him in an amount sufficient to compensate plaintiff for the cost of bringing multiple motions designed to compel him to cooperate in discovery. (Has plaintiff filed a declaration authenticating attorneys' fee statements setting forth fees and costs attributable to this work?)
continuing the hearing on whether to refer defendant to the US Attorney for criminal prosecution until after the court has heard the report of the neutral expert;
continuing the hearing on whether to make a report and recommendation to the district court that defendant be held in criminal contempt until after the court has heard the report of the neutral expert;
appointing a neutral expert by entering an order substantially in the form attached as Exibit J to the OSC; and
making the findings set forth in paragraphs 12(a) through (i) of the OSC
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and prohibiting Baker from raising or contesting any of these findings or offering any evidence or argument contrary to these findings.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Baruch C Cohen
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
10:00 AM
Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 12-8-15, 2-9-16, 4-5-16, 5-10-16, 5-24-16, 5-31-16, 9-27-16, 11-15-16,
1-10-17, 3-14-17, 6-13-17, 6-27-17, 7-11-17, 10-31-17, 2-13-18, 3-13-18,
5-8-18, 6-27-18
Docket 1
NONE LISTED -
Defendant's counsel should not handwrite documents to be filed with the Court. His writing is illegible.
Continue status conference to May 10, 2016 at 2:00 p.m. to be heard concurrently with related matters that will be on calendar for that date. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for May 31, 2016:
Revisit status of action after conclusion of related matters on calendar. 6/2/16 -- Court signed scheduling order setting following dates:
Cont'd status conference -- September 27, 2016 at 2:00 p.m. L/D to file joint status report -- September 13, 2016 Discovery cutoff -- September 30, 2016
L/D to lodge order appointing mediator -- June 17, 2016 Deadline to complete mediation -- September 27, 2016
7/6/16 -- court approved order appointing mediators.
10:00 AM
Tentative Ruling for September 27, 2016:
Plaintiff has filed a notice of inability to prepare joint status report. Where is the declaration required by LBR 7016-1(a)(3) that must be included whenever a party submits a unilateral status report? Why haven't the parties used the mandatory status report form required by LBR 7016-1(a)(2)? When counsel for plaintiff provided a draft status report that did not comply with the Local Bankruptcy Rules, why didn't counsel for the defendant file a unilateral report in compliance with LBR 7016-1(a)(3)?
Impose sanctions of $150 on counsel for each of the parties. Counsel for the plaintiff is urged to download a current version of the Court's local rules, as he is apparently relying on an outdated version of the rules. He should refer to the Court's website.
As a result, although there is a great deal of alleged information contained in plaintiff's filing, none of it is evidence and it does not address the issues that are supposed to be included in the status report.
Set continued status conference in approximately 30 to 45 days. Parties are to file the required joint status report form not less than two weeks prior to the continued status conference.
Tentative Ruling for March 14, 2017:
Revisit status of action after conclusion of hearing on matter no.101.
3/25/17 -- Court signed scheduling order setting following dates:
Cont'd status conference -- June 13, 2017 at 2:00 p.m. L/D to file joint status report -- May 30, 2017
L/D to designate experts and exchange reports -- May 15, 2017 L/D to exchange responsive reports -- June 12, 2017
5/26/17 -- Court granted motion to extend June 12 deadline to June 19 and continued status conference to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 13, 2017.
10:00 AM
6/12/17 -- Court approved stipulation continuing hearing to July 11, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 27, 2017.
Tentative Ruling for July 11, 2017:
Parties were to exchange expert witness reports. They did not need to file them. On May 16, 2017, Court reopened discovery for a period of 60 days from that date to permit the parties to conduct additional discovery related to the website www.baddocjjm.com. Are the parties on track to complete that discovery by July 15?
Set deadline for the completion of expert discovery. Has all other discovery been completed?
Set pretrial conference and deadline for lodging joint pretrial order. Discuss with parties form of proposed pretrial order.
8/15/17 -- Court approved scheduling order setting following dates: L/D to complete expert discovery -- September 15, 2017
Cont'd status conference -- October 31, 2017 at 2:00 p.m. L/D to file joint status report -- October 17, 2017
Tentative Ruling for October 31, 2017:
In light of court's rulings in related matters, when does plaintiff anticipate that he will be ready for trial.
2/6/18 -- Court approved stipulation continuing hearing to March 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Tentative Ruling for March 13, 2018:
Continue status conference to March 20, 2018 at 2:00 p.m. to be heard concurrently with motion on calendar for that date and time. Where is status report that should have been filed two weeks before status conference?
10:00 AM
APPEARANCES WAIVED ON MARCH 13, 2018.
Tentative Ruling for June 27, 2018:
Continue status conference to date of hearing on OSC (August 16, 2018 at 10:00 a.m.)
Tentative Ruling for August 16, 2018:
Revisit status of action after conclusion of hearing on OSC.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Baruch C Cohen
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
10:00 AM
[OST]
Docket 78
NONE LISTED -
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Adv#: 2:17-01015 Gonzalez, Chapter 7 Trustee v. Creditors Specialty Service of Nevada, Inc., a
fr. 3-28-17, 5-2-17, 5-16-17, 9-12-17, 12-5-17, 2-13-18, 5-15-18
Docket 1
NONE LISTED -
2/16/18 -- Court signed scheduling order with following dates:
Cont'd pretrial conference/holding date -- May 15, 2018 at 2:00 p.m.
L/D for parties to designate experts and exchange expert witness reports -- April 2, 2018
L/D to designate rebuttal experts -- May 1, 2018
L/D to complete expert witness discovery -- May 1, 2018 L/D for trustee to lodge revised pretrial order -- May 4, 2018
Tentative Ruling for August 21, 2018:
Court has the following questions concerning the pretrial order:
What is the difference between paragraphs 94 and 95 on page 12 of the order? One refers to transfers since January of 2015 totalling $839,608.05. The other refers to transfers between January of 2015 and the petition date totalling $711,319.05. Are the prepetition transfers included with,or separate from, the larger figure?
10:00 AM
Admitted fact 125 appears inconsistent with issue of fact number 147. Is the Court missing something?
The defendant listed 5 witnesses that he intends to call in the pretrial order, yet he neither filed direct testimony declarations from these witnesses or a declaration with the information described inparagraph A(4) of the pretrial order with regard to these witnesses. Therefore, he will not be permitted to call them at trial.
Additional comments/questions:
The admitted facts section of the pretrial order says that Stanley used the debtor's funds with regard to the Santa Clarita property not only to purchase the property but also to make mortgage and insurance payments and to do repairs. Why, on page 8 of the plaintiff's trial brief, at lines 10 through 11, does the plaintiff refer only to mortgage payments on the Acton and Los Angeles properties? Was this an oversight or is there some reason that the Santa Clarita property was omitted?
Creditors have filed claims for more than $20,000,000, but has the trustee performed any analysis of how much damage Stanley actually caused to the company? The amount others are claiming isn't necessarily the amount of damage he actually inflicted. (The claims may be inflated or unfounded.) The trustee has calculated the amount of the diversions at $840,000. Did he inflict damage in ways other than diverting funds?
This is not an action under section 362(k) as the debtor is not an individual. Does the trustee have another theory under which he is entitled to recover attorneys' fees?
How does the trustee propose that the Court calculate the amount of punitive damages that he contends should be imposed?
Why has the trustee offered the declaration of the former CRO reporting his discussions with the debtor's employees concerning the debtor's business practices rather than declarations from former employees or the business records themselves?
10:00 AM
Debtor(s):
Creditors Specialty Service, Inc. Represented By Neil C Evans
Defendant(s):
Creditors Specialty Service of Pro Se Creditors Specialty Service, Inc., a Represented By
Neil C Evans
Charles V. Stanley, an individual Pro Se
Does 1 - 15 Pro Se
Plaintiff(s):
Rosendo Gonzalez, Chapter 7 Represented By Jessica L Bagdanov David Seror
Trustee(s):
Rosendo Gonzalez (TR) Represented By David Seror
Jessica L Bagdanov Talin Keshishian
10:00 AM
MOVANT: MERCEDES-BENZ FINANCIALSERVICES USA LLC.
Docket 11
8/20/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 8/28/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Eriberto Torres Represented By Raymond J Seo
Movant(s):
Mercedes-Benz Financial Services Represented By
Jennifer H Wang
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: THE BANK OF NEW YORK MELLON
Docket 19
NONE LISTED -
Grant motion, including waiver of Rule 4001(a)(3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included the transfer of an interest in property without movant's consent and multiple bankruptcy filings affecting this property.
Debtor(s):
Cashews With Salt Inc. Represented By Jason John Kim
Movant(s):
The Bank of New York Mellon fka Represented By
Erin M McCartney
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: TOWNSGATE CAPITAL CORPORATION
Docket 8
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Alexandre Anatolyevich Vassiliev Represented By
Gregory M Shanfeld
Movant(s):
Townsgate capital corporation Represented By
Michael D Vanlochem
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
#4.00 Notice of motion and motion for relief from automatic staty with supporting declarations in a ACTION IN NON-BANKRUPTCY FORUM RE: Technicolor Global Logistics, LLC vs. Serec of California , Docket number Case No.
BC652500
MOVANT: TECHNICOLOR GLOBAL LOGISTICS, LLC.
Docket 8
NONE LISTED -
Grant relief from stay to the extent necessary to permit movant to reduce claims to final judgment, without waiver of Rule 4001(a)(3). Enforcement of judgment as against debtor, estate and property of the estate should remain stayed.
Debtor(s):
Serec Steele, LLC Represented By Gary Polston
Movant(s):
Technicolor Global Logistics, LLC Represented By
Steven R Fox
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Vin.#JTDKBRFU4H3029397
MOVANT: TOYOTA MOTOR CREDIT CORP.
Docket 8
8/22/18 - Austin Nagel, (925)855-8080 x 205, has been approved for telephonic appearance on 8/28/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Alejandro Rosaldo Represented By Luis G Torres
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
#6.00 Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: David Amos and Wendy Hesterly v. Christian Rodriguez, et al. Docket number. BC664480
MOVANT: DAVID AMOS and WENDY HESTERLY
Docket 13
NONE LISTED -
8/16/18 -- Court approved stipulation resolving motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Christian Bruce Rodriguez Represented By Charles J Brash
Movant(s):
Wendy Hesterly Represented By Bryan L Ngo
David Amos Represented By
Bryan L Ngo
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 13
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Mayra Evelyn Ramirez Represented By Michael A Rivera
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: MECHANICS BANK
Docket 7
8/21/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearanc eon 8/28/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Alejandro Silva Rule Represented By Roland H Kedikian
Movant(s):
MECHANICS BANK, a California Represented By
Vincent V Frounjian
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: HENRY FONG, SHERRIE FONG
Docket 7
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Michael Edward Collier Pro Se
Movant(s):
Sherrie Fong Represented By
Edward L Felman
Henry Fong Represented By
Edward L Felman
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01016 Kanowski v. Walker et al
Christopher Douglas Walker fr. 3-20-18, 6-26-18
Docket 1
8/28/18 - Barry Wegman, (818)570-9312, has been approved for telephonic appearance on 8/28/18 @ 2pm
Parties have both requested mediation. Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
3/22/18 -- Court approved scheduling order with following dates: Cont'd status conference -- June 26, 2018 at 2:00 p.m.
L/D to file joint status report -- June 12, 2018
L/D to file order appointing mediator -- April 9, 2018 L/D to complete mediation -- June 26, 2018
4/9/18 -- Court signed order appointing mediators.
Tentative Ruling for June 26, 2018:
Discuss with parties whether this matter has, or has not, been settled.
Tentative Ruling for August 28, 2018:
Notation on court's calendar indicated that the reason for the 60 day
2:00 PM
continuance was to give the parties an opportunity to file their settlement agreement with the court. Has the agreement been filed? If not, why not? Hearing required.
Debtor(s):
Christopher Douglas Walker Represented By Raymond J Bulaon
Defendant(s):
Laura Ann Walker Represented By Barry R Wegman
Christopher Douglas Walker Represented By Barry R Wegman
Joint Debtor(s):
Laura Ann Walker Represented By Raymond J Bulaon
Plaintiff(s):
Michelle Kanowski Represented By Michael Y Lo Kelvin J Lo
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:16-01389 Richard K. Diamond, Chapter 7 Trustee v. Jacqueline Ann Meek,
fr. 4-25-17, 8-1-17, 8-15-17, 2-6-18, 2-27-18, 5-22-18,7-31-18
Docket 1
NONE LISTED -
Set discovery cutoff date and deadline for plaintiff to file motion for summary judgment or partial summary adjudication. Continue status conference to date that can be used as hearing on motion for summary judgment.
7/12/17 -- Court approved stipulation continuing hearing to August 15, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 1, 2017.
Tentative Ruling for August 15, 2017:
Revisit status of action after conclusion of hearing on motion for summary judgment or partial summary adjudication.
Tentative Ruling for October 17, 2017:
Discovery has closed. Do the parties need to reopen discovery on the issue of the value of AVRS? Set deadlines concerning expert disclosures and expert discovery.
10/23/17 -- Court approved scheduling order with following dates: 10/31/17 -- L/D to exchange names and addresses of expert witnesses
2:00 PM
12/15/17 -- L/D to exchange expert witness reports 1/16/18 -- L/D to conduct depositions of expert witnesses 1/23/17 -- L/D to lodge proposed joint pretrial order 2/6/18 at 2:00 p.m. -- Pretrial conference
12/18/17 -- Court approved stipulation setting following dates:
L/D for parties to file and exchange expert witness reports -- January 8, 2018 L/D to depose experts -- February 6, 2018
L/D to lodge joint pretrial order -- February 13, 2018 Pretrial conference -- February 27, 2018 at 2:00 pm
Tentative Ruling for February 27, 2018:
At request of parties, continue pretrial conference to May 22, 2018 at 2:00
p.m. Plaintiff should lodge a scheduling order with the dates set forth in the parties' Joint Pre-trial Statement Regarding Settlement. APPEARANCES WAIVED ON FEBRUARY 27, 2018.
Tentative Ruling for May 22, 2018
At request of parties, in light of pending settlement, take pretrial conference off calendar and set a further status conference for July 31, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 22, 2018.
Tentative Ruling for July 31, 2018:
What is the status of this matter? What progress have the parties made toward documenting their settlement? Hearing required.
8/14/18 -- Court approved stipulation dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Gary Meek Represented By
Jeremy Faith
2:00 PM
Defendant(s):
Jacqueline Ann Meek, Individually Represented By
Michael J Conway James R Felton
Yi S Kim
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Steven Werth Elissa Miller
Trustee(s):
Richard K Diamond (TR) Represented By Elissa Miller Steven Werth
2:00 PM
Adv#: 2:18-01081 Gonzalez v. Zamora et al
Docket 16
8/27/18 - Opposition filed by Defendants.
8/27/18 - Rosendo Gonzalez, (213)452-0070, has been approved for telephonic appearance on 8/28/18 @ 2pm
The first claim for relief asserted in the complaint is brought under section 727(a)(2)(A). What property, if any, does the trustee contend has been destroyed, mutiliated or concealed?
The second claim for relief is that the debtors have failed to maintain or has destroyed or concealed records What documents does the trustee contend have been destroyed, mutilated or concealed? What efforts has the trustee made, other than writing a letter, in an effort to obtain these documents? Is the only evidence of intent that the debtors have ignored the trustee's letter?
The third claim for relief is that the debtors have knowingly and fraudulently made a false oath (section 727(a)(4)(A)). Is the trustee seeking a default judgment under this section? If so, what specific facts does the trustee allege were misrepresented in the schedules and where is the evidence to establish what the true facts are?
The fourth claim for relief is that the debtors have withheld recorded information, including documents, records and papers relating to their assets or financial affairs (section 727(a)(4)(D)). What specific records does the trustee claim exist that the debtors are withholding? What evidence, if any, does the trustee have that the debtors knowingly and fraudulently withheld this information?
2:00 PM
In short, it seems as if the debtors may have omitted information or put false information on their schedules, that the trustee wrote a letter asking for documentation that the debtors have ignored and the trustee brought this adversary proceeding. What, if any, additional steps has the trustee taken in an effort to compel production of information and what additional steps has the trustee taken in an effort to ascertain the true facts? Without more information, it is difficult for the court to determine which, if any, of the applicable code sections apply on this fact pattern.
Debtor(s):
Jose Antonio Zamora Pro Se
Defendant(s):
Jose Antonio Zamora Pro Se
Martha Delia Zamora Pro Se
Joint Debtor(s):
Martha Delia Zamora Pro Se
Movant(s):
Rosendo Gonzalez Represented By Rosendo Gonzalez
Rosendo Gonzalez (TR) Represented By Rosendo Gonzalez
Plaintiff(s):
Rosendo Gonzalez Represented By Rosendo Gonzalez
Trustee(s):
Rosendo Gonzalez (TR) Represented By
2:00 PM
Rosendo Gonzalez
2:00 PM
Adv#: 2:18-01081 Gonzalez v. Zamora et al
fr. 5-29-18
Docket 1
8/27/18 - Rosendo Gonzalez, (213)452-0070, has been approved for telephonic appearance on 8/28/18 @ 2pm
If Court grants motion for default judgment, take status conference off calendar. If Court does not grant motion for default judgment, continue status conference to coincide with date of continued hearing on default judgment motion.
Debtor(s):
Jose Antonio Zamora Pro Se
Defendant(s):
Jose Antonio Zamora Pro Se
Martha Delia Zamora Pro Se
Joint Debtor(s):
Martha Delia Zamora Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By Rosendo Gonzalez
2:00 PM
Trustee(s):
Rosendo Gonzalez (TR) Represented By Rosendo Gonzalez
2:00 PM
Adv#: 2:18-01220 Stillwater Liquidating LLC v. Degma Investing, LLC et al
Docket 15
NONE LISTED -
8/3/18 -- Court approved stipulation continuing hearing to October 2, 2018 at 2:00 p.m. OFF CALENDAR FOR AUGUST 28, 2018.
Defendant(s):
Degma Investing, LLC Represented By Abigail V O'Brient
The Parking Mall, L.L.C. Represented By Abigail V O'Brient
LTAP1, LLC Represented By
Abigail V O'Brient
SDC Remainder LLC Represented By Abigail V O'Brient
G.M.A. Industrial Corp. Represented By Abigail V O'Brient
Mark Buntzman Pro Se
Movant(s):
Degma Investing, LLC Represented By Abigail V O'Brient
The Parking Mall, L.L.C. Represented By
2:00 PM
Abigail V O'Brient
LTAP1, LLC Represented By
Abigail V O'Brient
SDC Remainder LLC Represented By Abigail V O'Brient
G.M.A. Industrial Corp. Represented By Abigail V O'Brient
Plaintiff(s):
Stillwater Liquidating LLC Represented By Tony Tootell
2:00 PM
Adv#: 2:18-01220 Stillwater Liquidating LLC v. Degma Investing, LLC et al
Docket 1
NONE LISTED -
7/16/18 -- Court approved stipulation extending defendants' time to respond to complaint to July 23, 2018.
8/3/18 -- Court approved stipulation continuing hearing to October 2, 2018 at 2:00 p.m. OFF CALENDAR FOR AUGUST 28, 2018.
Defendant(s):
Degma Investing, LLC Represented By Abigail V O'Brient
The Parking Mall, L.L.C. Represented By Abigail V O'Brient
LTAP1, LLC Represented By
Abigail V O'Brient
SDC Remainder LLC Represented By Abigail V O'Brient
G.M.A. Industrial Corp. Represented By Abigail V O'Brient
Mark Buntzman Pro Se
2:00 PM
Plaintiff(s):
Stillwater Liquidating LLC Represented By Tony Tootell
10:00 AM
FR. 7-19-18
Docket 13
NONE LISTED -
Agreement makes reference to a $3,000 down payment. Does debtor have this money? What is the source of the funds? Hearing required.
Reaffirmation agreement also reflects an increase in the debtor's interest rate. Court continued hearing to give lender an opportunity to forego the increase in interest rate and to acknowledge receipt of $3,000.
Debtor(s):
Carlos Manuel Ramirez Represented By Lauren M Foley
Joint Debtor(s):
Irma Ramirez Represented By Lauren M Foley
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
fr. 7-19-18
Docket 9
NONE LISTED -
Court continued hearing on reaffirmation agreement to give the debtor an opportunity to catch up on the post-petition payments that debtor has not been paying.
Debtor(s):
Christian Arnaz Straughter Represented By Gregory Grigoryants
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 14
NONE LISTED -
(Attorney requested leave to appear telephonically.) Not on mandatory form.
Attorney wanted to have hearing continued so that attorney could sign form and obviate the need for a hearing, but the amended agreement is still not on the mandatory form and the attorney signed the form, but did not check the box about hardship.
Deny approval of agreement.
Debtor(s):
ROBIN M. STUART Represented By Leonardo Drubach
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Approving Compromise of Controversy
Authorizing Payment to Special Litigation Counsel
Authorizing Payments under Amended Litigation Financing Agreement
Docket 195
8/22/18 - Alan Friedman, (212) 878-1426, has been approved for VIDEO APPEARANCE on 8/29/18 @ 10am
Grant motion. Approve compromise. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Genius Products LLC Pro Se
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman Alfred H Siegel (TR) Lindsey L Smith James P Menton JR David B Shemano
10:00 AM
Greenlawn Water District, and Town of Huntington, New York fr. 5-30-18, 6-27-18, 7-18-18, 8-15-18
Docket 173
NONE LISTED -
Trustee cannot unilaterally continue hearing without court's consent once it is on the court's calendar. Why does the trustee want this matter continued.
6/15/18 -- Court approved stipulation continuing hearing to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR JUNE 27, 2018.
7/5/18 -- Court approved stipulation continuing hearing to August 15, 2018 at 10:00 a.m. OFF CALENDAR FOR JULY 18, 2018.
8/8/18 -- Court approved stipulation continuing hearing to August 29, 2018 at 10:00 a.m. OFF CALENDAR FOR AUGUST 15, 2018.
8/28/18 -- Court approved stipulation continuing hearing to September 26, 2018 at 11:00 a.m. OFF CALENDAR FOR AUGUST 29, 2018.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Trustee(s):
Brad D Krasnoff (TR) Represented By
10:00 AM
Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
10:00 AM
Docket 416
NONE LISTED -
Grant motion. Authorize WRSSR to release any funds being held in excess of 1.5 times the amount of Buchalter's award ($850,299.56). This should be more than adequate to protect Buchalter's interests. Although CCP section 917.1(b) is inapplicable to this fact pattern as there is no bond, a cash deposit is more secure than a bond issued by an admitted surety. There is no reason for the amount held on deposit to be larger than the amount of a bond that would have to be posted by an admitted surety.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
10:00 AM
Docket 127
NONE LISTED -
Will this settlement payment in fact be enough to fund a 100 percent plan? Where is the analysis to support this contention?
How did the creditors end up with a claim for more than $2,000,000 based on a loan for $250,000?
If it is the debtor's intention to leave the case in bankruptcy and pay creditors through a plan, why shouldn't this compromise simply be incorporated into the plan so that creditors can vote on the plan? No trustee has been appointed and the debtor has negotiated this transaction with his parents. Some independent party should be given the opportunity to weigh in on this proposed compromise.
Hearing required.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
10:00 AM
Docket 1
NONE LISTED -
Set deadline for serving notice of bar date and bar date. Continue case status conference to a date after bar date. Set deadline for filing updated status report. Court will set deadline for filing plan and disclosure statement at continued status conference. Discuss with debtor what needs to happen before plan of reorganization can be filed.
1/26/18 -- Court signed scheduling order setting following dates: L/D for serving notice of bar date -- January 31, 2018
Bar date -- March 16, 2018
Cont'd status conference -- April 25, 2018 at 11 L/D to file updated status report -- April 13, 2018
Tentative Ruling for April 25, 2018:
Court notes that the proposed compromise with Georges includes releases for the debtor's parents, Sarkis and Alice Manjikian. How can the debtor be relied upon to act in the best interest of creditors of his estate in connection with negotiations with his parents? Discuss with debtor possible structures for the handling of this negotiation. Set deadline for filing plan and disclosure statement.
Tentative Ruling for June 27, 2018:
What are the principal terms of the proposed compromise between the debtor
10:00 AM
and his parents and when will the debtor be in a position to bring a motion for approval of this compromise? Hearing required.
Tentative Ruling for August 15, 2018:
Continue case status conference to August 29, 2018 at 10:00 a.m. so that it may be heard concurrently with motion for approval of compromise. (No updated status report will be required for that status conference.) APPEARANCES WAIVED ON AUGUST 15, 2018.
Tentative Ruling for August 29, 2018:
Revisit status of case after conclusion of hearing on approval of compromise.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub
10:00 AM
fr. 8-15-18
Docket 573
NONE LISTED -
The motion is premature. The order that EWB seeks to appeal is interlocutory and the appellate court has not granted leave to appeal. EWB should wait until there is a final order, appeal that order and seek a stay pending appeal of that order if it so desires.
In the interim, there is no likelihood of success on the merits of its appeal, as there is no appeal. Even if there were an appeal, the court rejects the contention that EWB would have a strong likelihood of success on appeal or even a reasonable probability or fair prospect of success. And EWB has not established irreparable injury. Again, the order that EWB seeks to appeal is interlocutory. The court has not confirmed the plan. The question is not whether EWB would be irreparably injured by the unstayed effectiveness of an order that hasn't even been entered yet. EWB seeks to have the court analyze now whether or not there would be irreparable injury resulting from an unstayed order confirming the debtor's plan, but the Court hasn't entered that order and EWB hasn't appealed that order. At this point, there is no injury whatsoever, let alone irreparable injury. EWB is simply arguing about judicial economy, which is within this court's sound discretion. Court does not intend to wait for the outcome of EWB's interlocutory appeal before proceeding forward with the confirmation process. If and when the Court enters an order confirming the plan, EWB is free to appeal that order and seek a stay pending appeal of that order.
And the public interest does not weigh in favor of granting a stay pending
10:00 AM
appeal at this juncture. The interests of all other parties are in seeing this matter proceed forward toward confirmation.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
11:00 AM
fr. 8-30-17, 9-6-17, 11-29-17, 12-12-17, 3-14-18, 3-21-18, 6-13-18, 6-27-18
Docket 1
NONE LISTED -
8/23/17 -- Court approved stipulation continuing hearing to September 6, 2017 at 10:00 a.m. OFF CALENDAR FOR AUGUST 30, 2017.
Tentative Ruling for September 6, 2017:
Why are these debtors in bankruptcy? They can well afford to pay claims against them. It appears that this case was filed to obtain the benefit of a more favorable forum for the resolution of their disputes with the Keros concerning the enforceability of a prepetition sale agreement. Why can't that dispute simply be resolved in state court? Hearing required.
9/14/17 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- September 15, 2017
Bar date -- November 17, 2017
L/D to file updated status report -- November 22, 2017
Cont'd status conference -- November 29, 2017 at 11:00 a.m.
Tentative Ruling for December 12, 2017:
Revisit status of case after conclusion of related matters on calendar.
Final Ruling for December 12, 2017:
Continue hearing to March 14, 2018 at 11:00 a.m. Debtor should file updated
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status report by March 2, but could will waive that requirement if the debtor schedules a hearing on a sale motion concurrently with the continued case status conference.
Tentative Ruling for March 14, 2018:
Continue hearing to March 21, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of compromise with LA Conservancy.
APPEARANCES WAIVED ON MARCH 14, 2018.
Tentative Ruling for March 21, 2018:
Do debtors have any realistic prospect of being able to pay Keros the settlement payment by March 31, 2018? If so, how? Hearing required.
Tentative Ruling for June 13, 2018:
Continue case status conference to June 27, 2018 at 10:00 a.m. so that it may be heard concurrently with new motion for approval of sale. OFF CALENDAR FOR JUNE 13, 2018.
Tentative Ruling for June 27, 2018:
Well, it happened again. Another sale motion has been withdrawn. What went wrong this time? Hearing required.
Tentative Ruling for August 29, 2018:
When does debtor anticipate that it will be filing motion for approval of compromise with RND? What progress, if any, has Pacific Union made with regard to finding a buyer for the property? Is the idea that the property will be sold subject to the agreement with the conservancy, meaning that the buyer will have to locate a spot to which the house can be moved and pay for the cost of moving it? How is that not a substantial disincentive to any buyer to buy the property?
Hearing required.
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Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
11:00 AM
Docket 1
8/20/18 - Joon Song, (323) 672-8482, has been approved for telephonic appearance on 8/29/18 @ 11am
Set deadline for trustee to service notice of bar date and bar date. Continue case status conference for approximately 90 days.
6/1/18 -- Court signed scheduling order setting following dates: L/D to serve notice of bar date -- May 31, 2018
Bar date -- July 31, 2018
Cont'd status conference -- August 29, 2018 at 11:00 a.m. L/D to file updated status report -- August 17, 2018
Tentative Ruling for August 29, 2018:
Continue status conference for approximately 90 days. Set new deadline for the filing of updated status report.
Debtor(s):
Colima BBQ, Inc Represented By Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim
11:00 AM
Docket 1
8/20/18 - Joon Song, (323) 672-8482, has been approved for telephonic appearance on 8/29/18 @ 11am
Set deadline for service of notice of bar date and bar date. 4/27/18 -- Court entered scheduling order with following dates:
L/D to serve notice of bar date -- April 30, 2018 Bar date -- June 29, 2018
Cont'd status conference -- May 30, 2018
L/D to file updated status report -- May 16, 2018
Tentative Ruling for May 30, 2018:
When does the trustee anticipate that he will be in a position to know whether the debtor should be reorganized or whether its assets should be sold?
Hearing required.
Tentative Ruling for August 29, 2018:
Continue status conference for approximately 90 days. Set new deadline for the filing of updated status report.
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
11:00 AM
Movant(s):
RH BBQ, Inc Represented By
Jaenam J Coe Jaenam J Coe
11:00 AM
Docket 1
8/20/18 - Joon Song, (323) 672-8482, has been approved for telephonic appearance on 8/29/18 @ 11am
Court is not inclined to move up the bar date. A June 29 bar date would not give parties in interest sufficient time to file claims. Why does the trustee want the date moved? Hearing required.
6/4/18 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- May 31, 2018
Bar date -- July 31, 2018
Cont'd status conference -- August 29, 2018 at 11:00 a.m. L/D to file further status report -- August 17, 2018.
Tentative Ruling for August 29, 2018:
Continue status conference for approximately 90 days. Set new deadline for the filing of updated status report.
Debtor(s):
Young Keun Park Represented By Rosendo Gonzalez
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
Docket 1
8/20/18 - Joon Song, (323) 672-8482, has been approved for telephonic appearance on 8/29/18 @ 11am
Set deadline for service of notice of bar date and bar date. 4/27/18 -- Court entered scheduling order with following dates:
L/D to serve notice of bar date -- April 30, 2018 Bar date -- June 29, 2018
Cont'd status conference -- May 30, 2018
L/D to file updated status report -- May 16, 2018
Tentative Ruling for May 30, 2018:
When does the trustee anticipate that he will be in a position to know whether the debtor should be reorganized or whether its assets should be sold?
Hearing required.
Tentative Ruling for August 29, 2018:
Continue status conference for approximately 90 days. Set new deadline for the filing of updated status report.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
11:00 AM
11:00 AM
Docket 129
NONE LISTED -
If court grants motion to dismiss, approve compromise. But/for dismissal, court cannot grant this motion.
Debtor(s):
Veronica Cazarez Represented By Martin J Brill Todd M Arnold Lindsey L Smith
11:00 AM
Docket 132
NONE LISTED -
The court is not inclined to grant the motion if debtor intends to further renegotiate unsecured claims after dismissal. Court wants unsecured creditors to be treated equitably. Debtor should not be able to withhold payment of unsecured claims in the hope of extracting an agreement to accept a reduced amount. Why can't the debtor negotiate any reductions that she would like to negotiate during pendency of case and then dismiss and pay claims?
Hearing required.
Debtor(s):
Veronica Cazarez Represented By Martin J Brill Todd M Arnold Lindsey L Smith
11:00 AM
Docket 1
NONE LISTED -
6/20/17 -- Court signed order setting bar date of August 11, 2017 and directing debtor to file and serve bar date notice not later than June 27, 2017.
Tentative Ruling for July 12, 2017:
Does the debtor own an interest in her employer, Cyrene? Even if she succeeds in getting a lump sum payment from her employer in the near future that permits her to resolve her present financial crisis, according to the status report, she has received only sporadic income from her employer since 2012. Is there any reason to believe that her income from this employer is likely to become more regular in the near future? If not, how does the debtor hope to avoid the reoccurrence of financial problems after the case is dismissed or a plan is confirmed?
Hearing required.
7/14/17 -- Court signed order setting December 15, 2017 as the last day to file a plan and disclosure statement.
Tentative Ruling for October 18, 2017:
Court agrees that it is time for the debtor to sell her real property. If she fails to move forward promptly with a sale procedure, the court will convert the case. When does the debtor anticipate filing her application to employ a
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broker?
Final Ruling for October 18, 2017:
Continue status conference to January 31, 2018 at 2:00 p.m. Court will waive the requirement that debtor file an updated status report if it is having a hearing on a disclosure statement concurrently with the January 31, 2018 status conference. Otherwise, debtor should file and serve a status report by January 19, 2018.
Tentative Ruling for January 31, 2018:
No plan has been filed. Debtor disregarded court's direction to list property immediately rather than waiting until after the holiday season. Instead, debtor deferred listing property until January 18 and sought an extension of the deadline to file a plan. The court granted that motion in part and extended deadline for filing plan and disclosure statement to March 9, 2018.
According to the case status report, debtor still is not earning any income from her employment at Cyrene as the company has not yet closed a transaction. How is the debtor paying her living expenses? What other sources of cash does the debtor have? Who is paying her living expenses?
Why should this case remain in chapter 11 at all if debtor has no income. Property can just as easily be sold in chapter 7.
Hearing required.
Tentative Ruling for March 21, 2018:
Continue status conference to March 28, 2018 at 10:30 a.m. to be heard concurrently with continued hearing on order to show cause re conversion or dismissal.
Tentative Ruling for March 28, 2018:
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Continue hearing to April 25, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of sale. OFF CALENDAR FOR MARCH 28, 2018. NO APPEARANCE REQUIRED.
4/2/18 -- Court granted debtor's motion to extend deadline for filing plan and disclosure statement to June 7, 2018.
Tentative Ruling for April 25, 2018:
Revisit motion after conclusion of hearing on motion for approval of sale. 6/12/18 -- Court approved stipulation resolving Caliber's claim amount.
6/26/18 -- Court approved stipulation resolving amount of Broker's claim.
Tentative Ruling for June 27, 2018:
Court is holding debtor's motion for a further extension of deadline to dismiss or file plan. Debtor has now resolved amount of broker's claims. What more does debtor need to do before she can decide whether to move to dismiss this case or to file a plan and disclosure statement? Hearing required.
Tentative Ruling for August 29, 2018:
Revisit status of case after conclusion of hearing on motion to dismiss.
Debtor(s):
Veronica Cazarez Represented By Martin J Brill Todd M Arnold
2:00 PM
fr. 11-15-17, 11-29-17, 3-14-18, 3-21-18, 5-24-18, 6-20-18
Docket 271
NONE LISTED -
10/18/17 -- At hearing held this date, Court continued hearing to November 29, 2017 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for November 29, 2017:
Court agrees with debtor that it did not waive its right to argue that default interest charges are unenforceable under applicable nonbankruptcy law. One cannot agree to pay an unenforceable penalty. None of the release cases cited by EWB are instances in which a debtor was held to have waived or released the right to argue that it should not be required to pay default interest because the obligation to pay that interest was an unenforceable penalty. (Perhaps it would be a different scenario if the debtor were paying off the lender and both sides were agreeing that the amount paid was payment in full and no further amounts would be sought or due in either direction and that agreement included 1542 waivers.) Court is not persuaded by EWB's laches, equitable estoppel or unclean hands arguments.
It is true that debtor bears the ultimate burden of proof in establishing that a liquidated damages provision (here, default interest) is unenforceable, but, absent discovery, a borrower will not have access to any discussions or actions that may have occurred on the lender's side of the transaction that led the lender to impose a particular default interest rate. And, if the lender's responses to discovery do not provide any evidence of prior or contemporaneous efforts on the part of the lender to arrive at a default interest rate that was intended to compensate for the actual anticipated
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damage that would result from a default, a borrower will have carried its burden of proof. See Cal. Bank & Trust v. Shilo Inn Seaside East, LLC, 2012
U.S. Dist. LEXIS 163134.
There is an additional legal issue here: whether, assuming the default interest provision would otherwise have been an unenforceable penalty under nonbankruptcy law, the debtor could waive that defense and render the penalty enforceable in exchange for the lender's forbearance and whether that in fact occurred here. A mere recital of what the lender claims as default interest in the forbearance agreement will not change the enforceability of a penalty provision. And, notably, here, the lender creates new potentially unenforceable penalty provisions in the forbearance agreement itself. In section 2(d) of the agreement, the lender agrees that, if the payments are made in accordance with the new schedule set forth in the forbearance agreement, the lender will forgive the default interest charges. So, once again, the question becomes whether these charges are being threatened/imposed as a penalty to coerce the debtor to perform in a timely manner (in which case they are unenforceable) or whether they represent a reasonable attempt to quantify the actual damages that lender will suffer in the event that payments are made late.
Here, the initial nondefault interest rate was 6.75 percent. The default interest rate increased that rate by 6 percent over the variable index rate. (This was in addition to a late charge equal to 6 percent of each delinquent payment.) Where did these numbers come from? Does this default interest rate represent a reasonable attempt by the lender to quantify its actual damages in the event of a default? Discovery is not yet complete, but does lender believe that it will locate additional relevant documents if discovery is permitted to continue?
Hearing required.
Final Ruling for November 29, 2017:
Continue hearing to March 14, 2018 at 11:00 a.m. Parties should file and serve supplewmental papers simultaneously not later than February 28, 2018. Any experts should be disclosed by January 17, 2018. Disclosure should
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include who the expert is, their contact information and a summary of their anticipated testimony. Hearing will not be an evidentiary hearing.
2/27/18 -- Court approved stipulation continuing hearings to March 21, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 14, 2018.
Tentative Ruling for March 21, 2018:
Under section 1671(b), a liquidated damages provision will be enforceable unless the party challenging that charge proves that the provision was unreasonable under the circumstances existing at the time the parties entered into the agreement. The debtor has argued that the default interest provision, increasing the interest rate by 5 percent, was unreasonable because it is enormous in comparison to the amount of the underlying obligation and is disproportional to any of the bank's anticipated losses, particularly in light of the fact that the bank imposed other fees and charges to account for/reimburse it for any actuallly anticipated damage, including late charges, attorneys' fees, expense reimbursements and exit fees. (Does the bank concede that the actual amount of the exit fees should be $600,000 and not $1.715 million?) The debtor argues further that the bank made no effort to estimate its actual damages and never thought of this as compensation for actual losses. The bank repeatedly referred to the default interest charges as "penalties" and viewed them as such, offering to waive them in forebearance agreements but never offering to waive its actual damages.
The bank's response is, in substance, the default interest rate is reasonable because we say so, because other banks were charging this default rate at the time too and because it is impossible to make any attempt to quantify actual damages. This cannot be sufficient to overcome the arguments advanced by the debtors. "Because we say so" and "everybody's doing it" have never been persuasive arguments. "We just gave up and pulled a number out of the air" isn't much better. The problem with this argument is that it can be used to justify any default interest rate whatsoever. Essentially, the bank's argument collapses down to this rate is reasonable because other lenders typically charge this amount or more.
Nevertheless, as reasonableness is an inherently factual issue, requiring the
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court to weigh the evidence offered by the parties, set evidentiary hearing on issue of reasonableness.
Court agrees that, to the extent that the debtor prevails in preventing the bank from charging default interest, the debtor will be the prevailing party in these claim objections, at least in part, and there will need to be an allocation of fees. The allowance of any attorneys' fees should be tabled until after the court resolves the merits of the default interest dispute and can determine which of the parties is the prevailing party.
Rulings on Evidentiary Objections:
EWB's Objections to Supplemental Galletly Declaration
Overrule. Declaration includes foundation (that declarant negotiated the loans -- see paragrah 20). This may be inconsistent with prior testimony given by declarant, in which case declarant can be impeached on that ground, but the inaccuracy of testimony or the fact that it contradicts other testimony does not make it inadmissible. (Court notes that EWB's own witness, Robert Lo, testifies at paragraph 12 that Galletly was significantly involved in negotiating the terms of the loan. Mr. Lo also testifies that he doesn't remember discussing or whether the parties discussed default interest prior to loan closing. So what is the issue here?)
Debtor's Objections to Declaration of Maita Prout
Sustain (relevance)
Sustain (relevance)
Sustain (relevance)
(Court agrees that Ms. Prout should have been disclosed as a witness earlier, but the matters on which she seeks to testify are irrelevant in any event.)
Debtor's Objections to EWB's Request for Judicial Notice
Sustain objections. EWB is asking the court to take judicial notice not merely of the filing of the documents attached to its RJN, but to the truth of the testimony contained in those declarations or proofs of claim -- that the attached documents are true and correct copies of what the declarant represents they are. Court should not take judicial notice of such matters.
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Debtor's Objections to Declaration of Miriam Galvan
Sustain. Strike Ms. Galvan's declaration. If EWB intended to rely on Ms. Galvan's testimony on the issue of the bank's need to increase its reserves when a loan becomes delinquent, she should have been produced as a witness in response to the deposition notices served.
Debtor's Objections to Declaration of Brian Procel
Overrule.
Overrule.
Overrule.
Overule.
Overrule.
Tentative Rulings for May 23, 2018: Additional Evidentiary Rulings
Docket No. 473, EWB's Objections to Alicia Barclay's Declaration General Objection: Failure to identify declarant as a 30(b)(6) witness.
Overrule, unless EWB asked debtor to identify all persons with knowledge of these topics and Ms. Barclay was omitted from the list. There is no requirement that the debtor use the person most knowledgeable to testify about a particular matter. (The Court notes, however, that it is odd that the debtor would choose someone to testify about a particular matter that is not the person most knowledgeable and that it may be appropriate to draw an inference of some kind from that decision.)
Overrule as to first sentence. As to second sentence, court interprets that sentence as describing what the debtor's belief was at the time. Witness has not laid a sufficient foundation to testify as to the parties' understanding, so sustain objection to the extent that debtor is attempting to testify that the parties had an agreement to this effect.
Sustain. None of this is testimony. It is all legal argument. If she is testifying as to what the documents say, there is a best evidence problem and she has not laid a foundation sufficient to enable her to authenticate any such documents if the documents had been attached.
Sustain as to first sentence for lack of foundation/personal knowledge.
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Overrule as to second sentence that begins with, "However."
Sustain for lack of foundation and hearsay. Witness does not provide sufficient testimony to make business records upon which the summary was based admissible as an exception to the hearsay rule and does not testify as to who prepared the summary.
See ruling on objection no. 4.
Sustain. Lack of foundation.
Sustain. Lack of foundation.
Sustain objection to Exhibit 1 for reasons set forth in ruling on objection no. 4.
Docket No. 472, EWB's Objection to Supplemental Declaration of Greg Galletly
Court has addressed general objections in its rulings on specific objections.
Sustain as to first sentence for relevance. Sustain as to second sentence (best evidence rule), but is this in dispute?
Sustain for lack of foundation.
Sustain for lack of foundation.
Sustain for lack of foundation.
Sustain for lack of foundation.
Sustain for lack of foundation.
Overrule.
Sustain (best evidence rule).
Overrule.
Overrule.
.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
$2,765,378.98
fr. 11-15-17, 11-29-17, 3-14-18, 3-21-18, 5-24-18, 6-20-18
Docket 269
NONE LISTED -
10/18/17 -- At hearing held this date, Court continued hearing to November 29, 2017 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for November 29, 2017:
Rulings on EWB's Evidentiary Objections (to Salvato Declaration):
Sustain. Best Evidence Rule. (This is more in the nature of argument than testimony.)
Same as ruling no. 1.
Same as ruling no. 1.
Overrule.
Sustain.
6-9. Overrule.
See tentative ruling for matter no. 105 with regard to debtor's argument as to the enforceability of default interest. Here, nondefault rate was originally 5 percent over the variable index rate. Default rate increased that rate to 10 percent over the variable index rate.
With regard to claim for attorneys' fees, continue hearing to permit EWB to provide fee statements.
Court is confused with regard to the debtor's offset claim. If the debtor were
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able to establish that the BGM trustee overpaid because some portion of the amounts he paid were for unenforceable claims, how would/why should that result in a reduction in the amount that this debtor owes to EWB on account of some other claim? The BGM trustee has filed a proof of claim for reimbursement of the amounts that it paid EWB. If the trustee should not have paid a portion of these amounts because they were unenforceable, that should serve merely to reduce the amount that the trustee would otherwise be able to recover from this debtor.
2/27/18 -- Court approved stipulation continuing hearings to March 21, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 14, 2018.
Tentative Ruling for March 21, 2018: See tentative ruling for matter no. 103.
Tentative Ruling for May 23, 2018:
See tentative ruling for matter no. 1.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
fr. 5-31-17, 6-14-17, 8-2-17, 10-4-17, 10-18-17, 11-29-17, 1-31-18, 2-28-18,
5-24-18, 6-20-18, 8-29-18
Docket 1
NONE LISTED -
5/22/17 -- Court granted motion setting bar date of August 9, 2017. Tentative Ruling for May 31, 2017:
Continue case status conference to date that can serve as date of hearing on disclosure statement, unless debtor plans to commence payments instead of filing plan on 90th day.
Tentative Ruling for June 14, 2017:
Debtor has now filed plan and disclosure statement. Continue case status conference to date of hearing on disclosure statement.
Tentative Ruling for August 2, 2017:
Continue case status conference to date of continued hearing on disclosure statement.
8/31/17 -- Court signed order continuing hearing to October 18, 2017 at 2:00
p.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for May 23, 2018:
Revisit status of case after conclusion of evidentiary hearings.
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Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
Docket 430
NONE LISTED -
Revisit status of confirmation process and briefing schedule after conclusion of evidentiary hearings.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 12
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Jin Ho Choi Represented By
Young K Chang
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: ABRAHAM GODMAN
Docket 12
NONE LISTED -
Deny request for order confirming that stay doesn't apply, but grant relief from stay, with waiver of 14-day stay and annulment to permit movant to proceed with unlawful detainer action.
Debtor(s):
Lelaine Manibo Represented By
Miguel P Inumerable
Movant(s):
Abraham Goldman Represented By Liza Rita Nalio
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:09-02063 Rubin v. Ross
Complaint by Jason Rubin against David Leonard Ross fr. 1-23-18, 4-10-18, 7-3-18
Docket 1
NONE LISTED -
Set date for pretrial conference. Parties should lodge joint pretrial order two weeks before pretrial conference. Do parties anticipate filing any additional pretrial motions?
6/27/18 -- Court approved stipulation continuing pretrial conference to September 4, 2018. OFF CALENDAR FOR JULY 3, 2018.
8/28/18 -- Court approved stipulation continuing pretrial conference to October 9 (instead of October 2), 2018 at 2:00 p.m. OFF CALENDAR FOR
SEPTEMBER 4, 2018.
Debtor(s):
David Leonard Ross Represented By Benjamin Nachimson
Seyed Mohammad R Kazerouni Michael L Tusken
2:00 PM
Defendant(s):
David Leonard Ross Represented By
Seyed Mohammad R Kazerouni
Plaintiff(s):
Jason Rubin Represented By
Barry R Wegman Stephan A Mills Franklin C Adams Cathy Ta
J. Alexandra Rhim Rosendo Gonzalez
Trustee(s):
James L Brown (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 9
NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor's expenses are significantly larger than his expenses each month? How will debtor be able to remain current on payments?
Debtor(s):
Arnulfo Ornelas Represented By Mike Sethi
Joint Debtor(s):
Alma Yadira Zamorano De Ornelas Represented By
Mike Sethi
Movant(s):
TOYOTA MOTOR CREDIT Represented By John Rafferty
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 87
NONE LISTED -
Grant motion. Approve compromise. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
fr. 5-30-18, 6-6-18, 7-18-18
Docket 448
NONE LISTED -
5/29/18 -- Court approved stipulation continuing hearing to June 6, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
Tentative Ruling for June 6, 2018:
Court cannot evaluate the merits of the claim unless claimant first provides a breakdown of the manner in which the claim amounts were calculated. Give claimant one last opportunity to provide such a breakdown. Once the Court has the breakdown, it can evaluate the other objections leveled by the debtor.
7/16/18 -- Court approved stipulation continuing hearing to September 5, 2018 at 10:00 a.m. OFF CALENDAR FOR JULY 18, 2018.
8/31/18 -- Court approved stipulation continuing hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR SEPTEMBER 5, 2018.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
10:00 AM
fr. 10-15-14, 10-29-14, 11-5-14, 1-14-15, 5-20-15, 7-22-15, 10-14-15, 2-10-16,
2-24-16, fr. 3-30-16, 5-11-16, 8-3-16, 9-14-16, 9-28-16, 12-14-16, 2-1-17,
5-3-17, 6-7-17, 8-2-17, 8-30-17, 2-28-18, 7-18-18
Docket 1
NONE LISTED -
Several parties appear interested in purchasing the debtor's real properties. Debtor should notice sales of these properties subject to overbid even without having first selected a stalking horse bidder. Interested parties competing with one another to purchase these properties should produce highest and best offer as among current prospective purchasers. Set deadline for debtor to bring motion for approval of sales of all properties. Court will enter order appointing trustee if motion to approve sale is not brought by deadline imposed by the Court.
8/3/15 -- Court signed scheduling order setting following dates:
Cont'd hearing on motion to appoint trustee and for relief from stay -- October 14, 2015 at 11:00 a.m.
L/D to file and serve motion for authority to sell Albany Properties -- August 12, 2015
L/D to file application to employ broker(s) (or include within sale motion) -- August 12, 2015
Sale hearing -- October 14, 2015 at 11:00 a.m.
Tentative Ruling for October 14, 2015:
If Albany sale closes, will debtor be in a position to file plan? Hearing required.
10:00 AM
1/4/16 -- Court approved stipulation continuing hearing to February 24, 2016 at 11:00 a.m. OFF CALENDAR FOR JANUARY 6, 2016.
Tentative Ruling for February 24, 2016:
If Albany sale closes, will debtor be in a position to file plan? Hearing required.
3/21/16 -- Court signed order continuing hearing to May 11, 2016 at 2:00 p.m. OFF CALENDAR FOR MARCH 30, 2016.
4/25/16 -- Court approved stipulation continuing hearing to August 3, 2016 at 2:00 p.m. OFF CALENDAR FOR MAY 11, 2016.
Tentative Ruling for August 3, 2016:
According to the docket, the parties settled this matter during a settlment conference held June 13, 2016 before Judge Jury. What has happened since then? Will there be an amended plan? What is the status of this matter?
Tentative Ruling for September 14, 2016:
Continue to September 28, 2016 at 11:00 a.m. to be heard concurrently with substantive motions set for hearing at that date and time. OFF CALENDAR FOR SEPTEMBER 14, 2016.
Tentative Ruling for September 28, 2016:
Revisit status of case after conclusion of hearings on related matters.
Tentative Ruling for December 14, 2016:
Continue to February 1, 2017 at 2:00 p.m. to be heard concurrently with hearing on amended disclosure statement. OFF CALENDAR FOR
10:00 AM
DECEMBER 14, 2016.
Tentative Ruling for February 1, 2017:
Revisit status of case after conclusion of hearing on disclosure statement.
4/26/17 -- Court approved stipulation continuing hearing to June 7, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 3, 2017. NO APPEARANCE REQUIRED.
6/2/17 -- Court approved stipulation continuing hearing to August 2, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 7, 2017.
Tentative Ruling for August 30, 2017:
Revisit status of case after conclusion of confirmation hearing.
Tentative Ruling for February 28, 2018:
Court has reviewed reorganized debtor's status report. Page 6 of that report states that all class 6 claimants have received payments other than Jeffrey Thomas. Has the reorganized debtor been depositing payments on account of this disputed claim into a disputed claim reserve? Hearing required.
7/16/18 -- Court approved stipulation continuing hearing to September 5, 2018 at 10:00 a.m. OFF CALENDAR FOR AUGUST 8, 2018.
8/31/18 -- Court approved stipulation continuing hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR SEPTEMBER 5, 2018.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
2:00 PM
Docket 341
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Rajendra Mehta Represented By Shai S Oved Jay M Spillane
Trustee(s):
Heide Kurtz (TR) Represented By Kyra E Andrassy
Lei Lei Wang Ekvall
2:00 PM
Docket 32
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Experience Carrie LA, LLC Represented By Stella A Havkin
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Docket 19
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Carla Francis Represented By
D Justin Harelik
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
[Fees requested: $15,411.50, Expenses: $31.15]
Docket 420
NONE LISTED -
Grant application. Allow on interim basis fees of $15,411.50 and costs of $31.15. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
[Fees requested: $866,491.00, Expenses: $23,924.25]
Docket 423
NONE LISTED -
Grant application. Allow on interim basis fees of $866,491 and costs of $23,924.25. Authorize payment of all costs allowed and $100,000 of unpaid fees.
APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Stephens, Attorney for Debtor
[Fees requested: $41,300.00 Expenses 0.00]
Docket 67
NONE LISTED -
When the counsel's employment application was withdrawn, the court discussed the fact that it would be willing to entertain a motion by Mr. Stephens for allowance of a claim under section 503(b). Under that standard, Mr. Stephens must show not only that his services were actually and necessarily performed, but that he conferred a benefit on the estate. Instead, Mr. Stephens filed a fee application. This is insufficient. Where is the showing of the benefit conferred and the value of that benefit? The opposition effectively argues that there was no such benefit. Continue hearing to give Mr. Stephens an opportunity to file a memorandum of points and authorities that responds to these arguments (even though this argument should have been in the original motion) and gives the debtor an opportunity to reply. Discuss with parties whether this would be an appropriate matter to send to mediation.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens Rosa A Shirley George E Schulman Michael G D'Alba
2:00 PM
fr. 8-8-18, 8-15-18
Docket 1096
8/29/18 - Joon Song, (323)847-2188, has been approved for telephonic appearance on 9/5/18 @ 2pm
See tentative ruling for matter no. 207.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Movant(s):
Committee of Creditors Holding Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon
Committee of Creditors Holding Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ
2:00 PM
John N Tedford
2:00 PM
Docket 1105
8/29/18 - Joon Song, (323)847-2188, has been approved for telephonic appearance on 9/5/18 @ 2pm
The court notes that, although there are comparable listings that have values in the range of the subject properties, the actual sales used as comparables are of properties worth substantially less. This suggests that the subject residence may be overbuilt for the area, no? Are there likely to be any buyers for properties in this price range in the event of a default?
Hearing required.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
MOVANT: CITIBANK, N.A.
Docket 1048
NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
IndyMac Bancorp, Inc. Represented By Dean G Rallis Jr John C Weitnauer Leib M Lerner Gilbert Mikalian
Movant(s):
Citibank, N.A., Not In Its Individual Represented By
Cassandra J Richey
Trustee(s):
Alfred H Siegel (TR) Represented By Laura L Buchanan Kevin E Deenihan
Richard J Sahatjian
Danielle Brown - SUSPENDED - Benjamin P Saul
10:00 AM
Robert J Pfister Whitman L Holt Jonathan M Weiss Kathryn T. Zwicker Martin R Barash Thomas M Geher
10:00 AM
MOVANT: U.S. BANK, N.A.
Docket 13
9/7/18 - Robert Zahradka, (619) 501-3503, has been approved for telephonic appearance on 9/11/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Maria Carmela Marquez Represented By Lauren M Foley
Movant(s):
U.S. Bank National Association Represented By Megan E Lees
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: MOTOLEASE FINANCIAL, LLC.
Docket 7
9/6/18 - Diana Torres-Brito, (818) 657-5227, has been approved for telephonic appearance on 9/11/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
(Why does movant say that the lease has expired or fully matured?)
Debtor(s):
Enrique Sanchez Represented By Sina Maghsoudi
Movant(s):
MotoLease Financial, LLC Represented By
Diana Torres-Brito
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: TD AUTO FINANCE, LLC.
Docket 8
9/5/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 9/11/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Aura Leticia Pablo Xet Represented By Lauren M Foley
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: TRICIA LU
Docket 13
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Toni Denise Hampton Pro Se
Movant(s):
Tricia Lu Represented By
Carol G Unruh
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: RAQUEL DEJBAKHSH
Docket 13
NONE LISTED -
Grant without waiver of Rule 4001(a)(3). (Why does movant seek annulment?)
Debtor(s):
Jose Omar Segovia Pro Se
Movant(s):
Raquel Dejbakhsh Represented By
W. Derek May
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: LYNN COOPER
Docket 10
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Neysa Christeale Washington Pro Se
Movant(s):
Lynn Cooper Represented By
Edward L Felman
Trustee(s):
Sam S Leslie (TR) Pro Se
11:00 AM
[OST]
fr. 6-27-18, 7-17-18
Docket 11
NONE LISTED -
Discuss with debtor figures and categories on Exhibits G and H.
As YesLender acknowledges, a secured lender is only entitled to adequate protection to the extent necessary to offset any decreases in the value of the lender's collateral as of the petition date. YesLender claims to have been owed $55,583.35 as of the petition date. How much was its collateral worth as of that date? YesLender is not necessarily entitled to payments at its contract rate. Rate at which the debtor agreed to repay the obligation is not relevant to the amount of adequate protection to which the lender may be entitled.
Hearing required.
Final Ruling for July 17, 2018:
Grant motion. Authorize debtor to use cash collateral in accordance with stipulation through September 21, 2018 (but written order says only through continued hearing). Court will conduct further hearing on continued use of cash collateral on September 11, 2018 at 11:00 a.m. Debtor should file and serve updated budget and request for continued use of cash collateral not later than August 24, 2018. Oppositions will be due by September 4, 2018. (Court entered written order to this effect.)
Tentative Ruling for September 11, 2018:
11:00 AM
Debtor has listed several parties that claim an interest in its cash collateral. It appears that YesLender is not in first position. Is this correct?
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
11:00 AM
Docket 1
NONE LISTED -
Debtor refers in its status report to a settlement with Travel Traders Hotel that was approved on September 19, 2018. This must be inaccurate. What is the status of this settlement?
Set deadline for service of notice of bar date and bar date.
8/22/18 -- Court approved scheduling order setting following dates:
L/D to serve notice of bar date -- August 29, 2018 Bar date -- October 19, 2018
Cont'd status conf -- September 11, 2018 at 11
Tentative Ruling for September 11, 2018:
Continue case status conference to October 9, 2018 at 10:00 a.m. to be heard concurrently with UST's motion to dismiss or convert. Waive requirement that debtor file updated status report.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
Adv#: 2:18-01219 Brand v. Northstar Education Finance, Inc. et al
Docket 1
NONE LISTED -
8/16/18 -- Court approved stipulation substituting Educational Credit Mgmt Corp. as real party in interest for Great Lakes Higher Education Guaranty Corp.
Tentative Ruling for September 11, 2018:
Set discovery cutoff for late December and continued status conference for approximately same time frame.
Debtor(s):
Donny Emil Brand Represented By Christie Cronenweth Christine A Kingston
Defendant(s):
Northstar Education Finance, Inc. Represented By
Scott A Schiff
US Bank ELT Northstar Pro Se Educational Credit Management Represented By
Scott A Schiff
2:00 PM
Plaintiff(s):
Don Emil Brand Represented By Christine A Kingston
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Adv#: 2:16-01164 Wolkowitz, Chapter 7 Trustee v. Lopez et al
fr. 12-20-16, 2-14-17, 8-15-17, 2-13-18
Docket 1
NONE LISTED -
12/7/16 -- court continued pretrial conference to February 14, 2017 at 2:00
p.m. in light of parties' proposed settlement. OFF CALENDAR FOR DECEMBER 20, 2016.
1/3/17 -- Court granted motion approving compromise (payments over time).
7/24/17 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR AUGUST 15, 2017.
2/2/18 -- Court approved stipulation continuing hearing to September 11, 2018 at 2:00 pm. OFF CALENDAR FOR FEBRUARY 13, 2018.
Tentative Ruling for September 11, 2018:
Matter has been settled. Is defendant current on settlement payments?
Debtor(s):
Paisano Meats, Inc. Represented By
2:00 PM
Jeffrey S Shinbrot
Defendant(s):
Yesenia Lopez Represented By Baruch C Cohen
Alexis Wholesale, Inc. Represented By Baruch C Cohen
Plaintiff(s):
Edward M Wolkowitz, Chapter 7 Represented By
Marc Weitz
Trustee(s):
Edward M Wolkowitz (TR) Represented By Marc Weitz
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
fr. 8-30-16, 10-4-16, 11-29-16, 4-4-17, 4-25-17, 5-9-17, 6-13-17, 8-22-17,
10-3-17, 2-6-18, 2-13-18, 6-5-18
Docket 1
NONE LISTED -
8/11/16 -- Court approved stipulation continuing status conference to October 4, 2016 at 2:00 p.m. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for November 29, 2016:
Revisit status of action after conclusion of related matters on calendar.
3/21/17 -- Court approved stipulation continuing hearing to April 25, 2017 at 2:00 p.m. OFF CALENDAR FOR APRIL 4, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
2:00 PM
Revisit status of action after conclusion of related matters on calendar.
8/14/17 -- Court approved stipulation extending certain dates and continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 22,
2017.
Tentative Ruling for October 3, 2017:
Revisit status of action after conclusion of related matters on calendar.
2/5/18 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 5, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar. 2/20/18 -- Court approved scheduling order with following dates: Cont'd status conference -- June 5, 2018 at 2:00 p.m.
L/D to file joint status report -- May 22, 2018 Discovery cutoff -- August 17, 2018
Tentative Ruling for June 5, 2018:
Extend discovery cutoff to March 2019 and order the parties to mediation.
6/11/18 -- Court approved order setting following dates:
Cont'd status conference -- September 11, 2018 at 2:00 pm L/D to serve and file joint status report -- August 28, 2018 L/D to complete discovery -- March 29, 2019
Tentative Ruling for September 11, 2018:
2:00 PM
Continue status conference until early January, 2019. Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Video Symphony, LLC Represented By Samuel Price
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
Adv#: 2:16-01480 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
fr. 1-10-17, 4-4-17, 4-25-17, 5-9-17, 6-13-17, 8-22-17, 10-3-17, 2-6-18, 2-13-18,
6-5-18
Docket 1
NONE LISTED -
12/22/16 -- Court approved stipulation continuing hearing to April 4, 2017 at 2:00 p.m. and waiving status report for that conference. OFF CALENDAR FOR JANUARY 10, 2017. NO APPEARANCE REQUIRED.
3/21/17 -- Court approved stipulation continuing hearing to April 25, 2017 at 2:00 p.m. OFF CALENDAR FOR APRIL 4, 2017.
HEARING CONTINUED TO MAY 9, 2017 AT 2:00 P.M. OFF CALENDAR FOR APRIL 25, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
Revisit status of action after conclusion of related matters on calendar.
2:00 PM
8/14/17 -- Court approved stipulation extending certain dates and continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 22,
2017.
Tentative Ruling for February 6, 2018:
Revisit status of action after conclusion of related matters on calendar.
2/5/18 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 5, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar. 2/20/18 -- Court approved scheduling order with following dates: Cont'd status conference -- June 5, 2018 at 2:00 p.m.
L/D to file joint status report -- May 22, 2018 Discovery cutoff -- August 17, 2018
Tentative Ruling for June 2, 2018:
Extend discovery cutoff to March 2019 and continue status conference approximately 90 days.
6/11/18 -- Court approved order setting following dates:
Cont'd status conference -- September 11, 2018 at 2:00 pm L/D to serve and file joint status report -- August 28, 2018 L/D to complete discovery -- March 29, 2019
Tentative Ruling for September 11, 2018:
Continue to trail this action along with matter on calendar as number 202.
2:00 PM
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Alice Yick Flanagan Represented By Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
Adv#: 2:17-01196 Dahan v. Barnes
fr. 5-16-17, 8-29-17, 11-28-17, 2-27-18, 6-5-18
Docket 1
9/11/18 - Johnny White, (310)478-4100 x 6623 has been approved for telephonic appearance on 9/11/18 @ 2pm
Tentative Ruling for May 6, 2017:
Explain to debtor the importance of participating in the preparation of joint status reports and other pretrial procedures as set forth in local bankruptcy rules. Plaintiff requests that this matter trail UST's 727 action. Continue status conference to August 29, 2017 at 2:00 p.m. to coincide with status conference in UST's adversary proceeding.
Tentative Ruling for August 29, 2017:
Continue status conference to same date and time as pretrial conference in matter no. 207.
Tentative Ruling for November 28, 2017:
If court grants motion to dismiss 727 action, there is no longer any reason to trail this action. Set continued status conference and require parties to file joint status report in connection with that conference.
Tentative Ruling for February 27, 2018:
2:00 PM
Where is status report that should have been filed February 13, 2018? Hearing required.
3/6/18 -- Court signed scheduling order setting following dates: Cont'd status conference -- June 5, 2018 at 2:00 p.m.
L/D to file joint status report -- May 22, 2018 L/D to conduct discovery -- June 30, 2018
Debtor admonished to check her email, including spam filter, to make sure that she participates in preparation of joint status report in a timely manner.
Tentative Ruling for June 5, 2018:
Set deadline for filing pretrial motions. Order parties to complete a day of mediation prior to date of hearing on pretrial motions.
6/6/18 -- Court approved scheduling order with following dates:
Cont'd status conference -- September 11, 2018 at 2:00 p.m. L/D to file joint status report -- August 28, 2018
L/D to file pretrial motions -- September 17, 2018 L/D to complete mediation -- August 17, 2018
L/D to lodge order appointing mediators -- June 29, 2018
7/16/18 -- Court approved order appointing mediators.
Tentative Ruling for September 11, 2018:
Mediator reports that the matter settled. What is the structure of the parties' settlement?
Debtor(s):
Ruth Barnes Represented By
Alan W Forsley
2:00 PM
Defendant(s):
Ruth Barnes Pro Se
Plaintiff(s):
Shmuel and Theodora Dahan Represented By Johnny White
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:17-01481 Leslie v. Solis et al
fr. 11-28-17, 2-27-18, 6-5-18
Docket 1
NONE LISTED -
Tentative Ruling for November 28, 2017:
Where is the status report that should have been filed two weeks before the status conference? What is the status of this matter? Hearing required.
Final Ruling for November 28, 2017:
Continue status conference to February 27, 2018 at 2:00 p.m. Parties should file joint status report not later than February 13, 2018.
Tentative Ruling for February 27, 2018:
Set discovery cutoff for August 30, 2018. Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
3/1/18 -- Court signed scheduling order with following dates:
Cont'd status conference -- June 5, 2018 at 2:00 p.m. L/D to complete discovery -- August 30, 2018
L/D to complete mediation -- June 5, 2018
2:00 PM
L/D to lodge mediation order -- March 16, 2018 L/D to file joint status report -- May 22, 2018
3/19/18 -- Court approved order appointing mediators.
Tentative Ruling for June 5, 2018:
Have the parties complied with this Court's order to complete a day of mediation prior to June 5, 2018? If not, why not?
6/6/18 -- Court signed order extending deadline to complete mediation to September 11, 2018.
7/30/18 -- Court approved order appointing mediator.
Tentative Ruling for September 11, 2018:
Parties report that matter has been settled and that draft agreement is being circulated. What is the structure of the proposed settlement?
Debtor(s):
West Coast Recycling Services, Inc. Represented By
James D. Hornbuckle
Defendant(s):
Alfredo Solis Represented By
James D. Hornbuckle
Mission Recycling, Inc., a California Represented By
James D. Hornbuckle
Plaintiff(s):
Sam S. Leslie Represented By
Christian T Kim James A Dumas Jr
2:00 PM
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim James A Dumas Jr
2:00 PM
Adv#: 2:18-01003 Tarpinian et al v. Isadzhanyan
fr. 3-6-18, 6-5-18
Docket 1
NONE LISTED -
Continue status conference for approximately 90 days. Order parties to complete a day of mediation under court's mediation program prior to date of continued status conference.
3/27/18 -- Court approved scheduling order setting following dates: Cont'd status conference -- June 5, 2018 at 2:00 p.m.
L/D to file joint status report -- May 22, 2018
L/D to lodge order appointing mediators -- March 26, 2018 L/D to complete mediation -- June 5, 2018.
3/27/18 -- Court approved order appointing mediators.
Tentative Ruling for June 5, 2018:
Have the parties complied with this Court's order to complete a day of mediation prior to June 5, 2018? If not, why not?
6/29/18 -- Court approved scheduling order with following dates: Cont'd status conference -- September 11, 2018 at 2:00 p.m.
L/D to file joint status report -- August 28, 2018
2:00 PM
L/D to lodge order appointing mediators -- June 29, 2018 L/D to complete mediation -- September 11, 2018
7/16/18 -- Court approved stipulation appointing mediators.
Tentative Ruling for September 11, 2018:
Did the parties participate in a mediation? If not, why not? If so, did the matter settle? Where is the joint status report that should have been filed 14 days before the status conference? Hearing required.
Debtor(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Defendant(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Plaintiff(s):
Nayrie Garo Tarpinian Represented By Cliff Schneider
Gary Tarpinian Represented By Cliff Schneider
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Brandon J Iskander
2:00 PM
Adv#: 2:18-01058 CALIFORNIA CAPITAL INSURANCE CO. v. ROUNTREE et al
Danielle Rountree fr. 5-8-18, 6-5-18
Docket 1
NONE LISTED -
Parties should not use "all caps" in future status reports. It is difficult and unpleasant to read.
Continue status conference for approximately 90 days. Order parties to complete a day of mediation prior to the date of the continued status conference.
Final Ruling for June 5, 2018:
Continue status conference to September 11, 2018 at 2:00 p.m. Parties should file joint status report not later than August 28, 2018. Parties are to complete a day of mediation by September 11, 2018 and should lodge an order appointing a mediator not later than June 29, 2018. Plaintiff is to lodge a scheduling order with these dates.
Tentative Ruling for September 11, 2018:
Impose sanctions on counsel for plaintiff of $150 for failing to lodge scheduling order in a timely manner or at all. Court would have imposed additional sanctions for failing to lodge an order appointing a mediator, but it appears that the mediator was willing to proceed without an order employing
2:00 PM
him, as the mediator filed a certificate of completion, stating that the parties attended a mediation on July 16, 2017. Inexplicably, that order refers to an order appointing the mediator dated June 13, 2018, but there is no such order on the docket. Perhaps plaintiff would have had more success in getting defendant to cooperate in the preparation of a joint status report had there been a written order of the court directing the defendant to participate in the preparation of such a report, as there would have been had plaintiff lodged such an order as directed by the court.
Why did plaintiff file both docket no. 17 (a unilateral status report on Form 7016-1.STATUS.REPORT) and docket no. 20 (a unilateral status report on pleading paper)? Is there any difference between the contents of the two documents?
Why didn't defendant participate in the preparation of a joint status report? Why haven't the parties met and conferred? Why hasn't plaintiff been able to notice defendant's deposition?
Hearing required.
Debtor(s):
RYAN ROUNTREE Represented By
Michael D Kwasigroch
Defendant(s):
RYAN ROUNTREE Represented By
Michael D Kwasigroch
DANNIELLE ROUNTREE Represented By
Michael D Kwasigroch
Joint Debtor(s):
DANNIELLE ROUNTREE Represented By
Michael D Kwasigroch
2:00 PM
Plaintiff(s):
CALIFORNIA CAPITAL Represented By Bruce N Graham
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:17-01010 All In One Trading, Inc., a California corporation v. Kim et al
Docket 81
NONE LISTED -
Was the stipulation served on all creditors? If not, why not? Hearing required.
Debtor(s):
Suk Hyon Kim Represented By
W. Sloan Youkstetter Michael Avanesian
Defendant(s):
Suk Hyon Kim Represented By
W. Sloan Youkstetter Kevin S Lacey
Kihoon Kang Represented By
Kevin S Lacey
Movant(s):
All In One Trading, Inc., a California Represented By
Anthony J Napolitano
Plaintiff(s):
All In One Trading, Inc., a California Represented By
Anthony J Napolitano
2:00 PM
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:17-01010 All In One Trading, Inc., a California corporation v. Kim et al
fr. 3-14-17, 5-2-17, 8-1-17, 11-14-17, 12-19-17, 3-6-18
Docket 1
3/2/17 - First Amended Complaint filed
9/6/18 - Kevin S. Lacey, (818) 248-1800, has been approved for telephonic appearance on 9/11/18 @ 2pm
Have the parties now met and conferred with regard to the extent to which any issues necessary to the adjudication of this matter have already been resolved in state court? If not, why not? Discuss with parties the issues that remain to be tried in this action and whether there are any pretrial motions that could narrow those issues.
Hearing required.
8/14/17 -- court signed scheduling order setting following dates: Cont'd status conference -- November 14, 2017 at 2:00 p.m.
L/D for parties are to meet and confer to determine undisputed and disputed facts in light of ruling by Los Angeles Superior Court in the underlying state court action -- August 31, 2017
L/D to file and serve cross motions for summary judgment or partial summary adjudication -- September 26, 2017
L/D to file and serve oppositions to motions -- October 24, 2017
2:00 PM
Hearing on motions -- November 14, 2017 at 2:00 p.m. Discovery stayed pending hearing on motions
Tentative Ruling for November 14, 2017:
Revisit status of action after conclusion of hearings on related matters.
Tentative Ruling for December 19, 2017:
At the status conference held November 14, 2017, the Court continued status conference to this date and waived the requirement of a written status report. Court advised parties that it wanted to discuss at this status conference:
which theories will be going forward after its denial of defendant's motion for summary judgment/partial summary adjudication and its oral ruling on the plaintiff's motion for summary adjudication (granting motion insofar as it sought summary adjudication of claims under sections 523(a)(6) and denying with regard to claims under sections 523(a)(4) and 524(b)) and
whether the Court's ruling on 523(a)(6) should be treated as final for appellate purposes under FRBP 7054(b).
Now that the parties have had an opportunity to digest the Court's November 14, 2017 rulings, how should this matter proceed? Hearing required.
1/4/18 -- Court entered judgment against Suk Hyon Kim on plaintiff's third claim for relief, finding the state court judgment nondischargeable under section 523(a)(6). Court denied summary judgment on plaintiff's fourth and fifth claims for relief. Court dismissed, at plaintiff's request, second claim for relief under section 523(a)(4). Court made findings necessary for this judgment to be a final judgment pursuant to Rule 54(b), made applicable by FRBP 7054(a).
Tentative Ruling for March 6, 2018:
Discuss with plaintiff how to proceed with regard to plaintiff's desire to dismiss 727 claims. Set discovery cutoff with regard to remaining claim (under 523(b) (2)) of August 31, 2018. Set continued status conference for approximately same time frame. Order parties to complete a day of mediation prior to date
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of continued status conference.
3/9/18 -- Court signed scheduling order with following dates: L/D to conduct discovery -- August 31, 2018
Cont'd status conference --- September 11, 2018 at 2:00 p.m. L/D to file joint status report -- August 28, 2018
L/D to complete mediation -- September 11, 2018
L/D to lodge order appointing mediator -- April 16, 2018
Tentative Ruling for September 11, 2018:
Revisit status of action after conclusion of hearing on matter no. 208 on calendar.
Debtor(s):
Suk Hyon Kim Represented By
W. Sloan Youkstetter Michael Avanesian
Defendant(s):
Suk Hyon Kim Represented By
W. Sloan Youkstetter Kevin S Lacey
Kihoon Kang Represented By
Kevin S Lacey
Plaintiff(s):
All In One Trading, Inc., a California Represented By
Anthony J Napolitano
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01023 Cunjak v. Garcia
Docket 21
9/11/18 - Sanaz Bereliani, (818) 920-8352, has been approved for telephonic appearance on 9/11/18 @ 2pm.
Grant motion. Request is modest and appropriate in light of replacement of counsel. Plaintiff will not be prejudiced, but court is confused. Is defendant only seeking an extension of the discovery cutoff until August 31?
Debtor(s):
Joseph Michael Garcia Represented By John Asuncion
Defendant(s):
Joseph Michael Garcia Represented By Sevan Gorginian
Movant(s):
Joseph Michael Garcia Represented By Sevan Gorginian
Plaintiff(s):
Michael Cunjak Represented By Sanaz S Bereliani
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01232 Thrifty Oil Co. et al v. Rickley et al
[OST]
fr. 7-31-18
Docket 5
NONE LISTED -
Tentative Ruling for July 31, 2018:
Court does not agree that underlying bankruptcy case necessarily needs to be reopened. Authority cited by movant stands for the proposition that it is not an abuse of discretion for a bankruptcy court to remand a matter on the ground that the underlying case has been closed, particularly where the notice of removal is untimely, which is a very different matter. Just as court can retain jurisdiction over an adversary proceeding after a bankruptcy case has been closed, it may adjudicate an adversary proceeding that has been removed after closure as well.
Plaintiff's have asserted an affirmative defense in the defendants' cross complaint, arguing that certain claims are "barred and enjoined" based on events that transpired in debtor's bankruptcy case. It is more appropriate for these defenses to be adjudicated by the bankruptcy court, rather than by the state court.
Deny motion, or continue hearing on motion from time to time to give the court an opportunity to resolve the bankruptcy related issues, at which point, the matter may be remanded to state court. Discuss with parties procedures and timing for resolving bankruptcy issues.
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Final Ruling for July 31, 2018:
Court set a continued hearing for September 11, 2018 and a simultaneous briefing schedule. Court ordered parties to file something akin to a pretrial order with undisputed facts and list of bankruptcy related issues that the bankruptcy court needs to resolve.
Tentative Ruling for September 11, 2018:
It appears that there are sufficient undisputed facts for the court to resolve the bankruptcy related issues which are, in essence, whether any of the claims that defendants seek to assert in their cross-complaint are barred by the discharge obtained (or the revesting of property under a plan) in Thrifty's bankruptcy case. There is no need for this court to resolve anything in the alternative and it would not be advisable for this court to do so.
The operative facts (which do not appear to be in dispute) are the following:
None of the then current (or later) owners of defendants' property were listed as creditors in the bankruptcy case and none of the owners were served with notice of the bar date, other than by publication.
None of the then current (or later) owners of defendants' property filed proofs of claim in the bankruptcy case.
There was no actual litigation in the bankruptcy case concerning any of the issues that the parties are currently seeking to litigate concerning plaintiff's alleged easement over defendants' property. (The parties have not included this fact in their stipulation, but neither is claiming that such litigation occurred.)
Court will give the parties a further opportunity for briefing and will conduct a continued hearing to resolve the legal issues. In the interim, the court offers the following as a tentative ruling:
There is no basis for any right to a jury trial here. The only issues that this court is going to resolve are ones that arise under the bankruptcy code --
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namely, whether claims/interests/defenses have been discharged. These are core matters within the exclusive jurisdiction of the bankruptcy court that would not have existed outside of bankruptcy and there is no right to a jury trial on any such issues.
Known claims or claims held by known creditors cannot be barred using service by publication. Defendants' predecessors were the owners of adjacent properties. If a debtor wanted to bar any claims by its neighbors concerning its use or misuse of easements pertaining to their property, due process requires, at a minimum, mailing them a copy of the bar date notice.
Even if claims asserted by defendants had been barred by a discharge in bankruptcy, these claims do not evaporate for all purposes. For example, even a discharged claim can be asserted by way of setoff. See Carolco Television, Inc. v. Nat'l Broadcasting Co. (In re De Laurentise Entertainment Group), 963 F.2d 1269 (9th Cir. 1992). And the court is not aware of any principal of law that would prevent a defendant from asserting defenses against the assertion of a property interest by a reorganized debtor because a debtor obtained a discharge or because property, whether scheduled or not, revested in the debtor "free and clear of liens, claims and interests."
The plaintiff seems to be arguing that the revesting of a property interest under the plan could somehow sanitize that property or remove any problems or limitations that may exist as to the extent of its interest. Would property in which the debtor only owns a 50 percent interest prior to confirmation end up being wholly owned by the debtor after confirmation simply by virtue of the revesting free and clear of interests?
If the debtor had an illegal and unenforceable easement prior to confirmation, confirmation of a plan and revesting of that property in the debtor would not cause that easement to become legal or enforceable. And if all the debtor has is an argument that it is entitled to assert a permissive easement or an equitable easement or some other easement by operation of law, how would the revesting of property under a plan eliminate any defenses that the subject property owners would otherwise have had to the assertion of such an interest more than 20 years later?
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Moreover, much of the conduct of which the defendants complain was continuing conduct that occurred or continued after the discharge -- reopening the gas station without first making sure that the pipe was in an appropriate condition. How could damages resulting from conduct like that have been discharged? Is plaintiff really arguing that, if the pipe was already in a dilapidated and unsafe condition prior to confirmation and no one filed a proof of claim asserting that this was a problem before the bar date, or that, if the pipe was okay at the time of confirmation but became dilapidated thereafter, the reorganized debtor or its successors are free to pump raw sewage into the ground?
And, of course, neither a discharge nor confirmation of a plan that makes no mention of modifications to a contract will have the effect of modifying that contract. If the easement was to terminate once the plaintiff's property could be connected to a sewer line off of PCH or Topanga Canyon Boulevard, that clause does not vanish simply because a bar date passes or property revests. A contract between the parties or an interest in property that is not expressly dealt with or modified in a bankruptcy will ride through the bankruptcy unchanged. That appears to be what happened here.
Therefore, the plaintiff's sixteenth affirmative defense should be stricken with prejuduce and the balance of the matter remanded so that the state court can resolve this matter without reference to any bankruptcy issues. In other words, it does not appear that the Thrifty bankruptcy case has any bearing whatsoever on the appropriate resolution of the parties' disputes.
Defendant(s):
Rebecca A Rickley Represented By Natasha Roit
Natasha Roit Represented By
Natasha Roit
Movant(s):
Thrifty Oil Co. Represented By Matthew S Covington
2:00 PM
Bernard D Bollinger Jr
Tesoro Refining and Marketing Represented By Matthew S Covington
Bernard D Bollinger Jr
Plaintiff(s):
Thrifty Oil Co. Represented By Matthew S Covington
Bernard D Bollinger Jr
Tesoro Refining and Marketing Represented By Matthew S Covington
Bernard D Bollinger Jr
10:00 AM
fr. 8-2-18
Docket 24
NONE LISTED -
Tentative Ruling for August 2, 2018:
Court can see that Chapin was served with notice of the bankruptcy in time for him to have brought a nondischargeability action and that he had notice of the bankruptcy filing at the time he sought and obtained a default judgment against the debtor, but does movant have evidence sufficient to establish that Love or CRC knew about the bankruptcy case or the bankruptcy discharge at the time they took over the representation of Chapin's client?
Hearing required.
NOTE: Certificate of Notice generated by the Court does not appear to reflect service on creditors. Continue hearing to give creditors additional time to respond to OSC.
Final Ruling for August 2, 2018:
Continue hearing to September 13, 2018 at 10:00 a.m. Oppositions to the OSC will be due August 23, 2018. Replies will be due by September 6, 2018. Mr. Bar David shall serve OSC and notice of continuance by August 6, 2018.
Tentative Ruling for September 13, 2018:
10:00 AM
There is no basis upon which to conclude that the debtor intentionally failed to serve a known creditor. She had not yet been served with the 2010 complaint and served the plaintiff in the 2008 complaint at the address for his counsel set forth on that complaint. Obtaining a default judgment and executing upon it violated the debtor's discharge injunction, but Court is not prepared to hold anyone in contempt for this violation as debtor has not established that there was a knowing violation of the discharge injunction. Judgment is void and levied funds should be returned.
However, Mr. Rivas should have been given an opportunity to prosecute a 523 action. Court will set a deadline for the filing of such an action now, without prejudice to the ability of the debtor to argue that laches applies or that Mr. Rivas should be barred from bringing an action now because he learned about the existence of the bankruptcy case and the discharge more than a year ago and has not brought such an action.
Debtor(s):
Silvia Fabian Represented By
Omar Zambrano Moises S Bardavid
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
Docket 192
NONE LISTED -
Court has not received any response to OSC. Issue order holding Dianne Sanchez in contempt for failing to respond to the subpoena served upon her and to appear for her deposition. Ms. Sanchez may purge contempt by appearing and producing documents at a future date and time. Award attorneys' fees and costs referenced in OSC.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Video Symphony, LLC Represented By Samuel Price
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By
10:00 AM
Trustee(s):
Michael G D'Alba Howard Kollitz Walter K Oetzell
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
10:00 AM
Docket 17
NONE LISTED -
OFF CALENDAR. CASE DISMISSED.
Debtor(s):
Ladonna Ceil Anderson Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 9
NONE LISTED -
Grant motion for reasons set forth in UST's reply. Debtor received the motion to dismiss on July 30 and has had more than a month to provide the responsive information. Unless the debtor has already supplied the UST with the information being requested, dismiss case.
Debtor(s):
Steven Quach Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 261
NONE LISTED -
8/28/18 -- Court approved stipulation continuing hearing to October 20, 2018 at 10:00 a.m. OFF CALENDAR FOR SEPTEMBER 13, 2018.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
10:00 AM
Docket 190
NONE LISTED -
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
10:00 AM
fr. 8-1-18
Docket 52
NONE LISTED -
Tentatie Ruling for August 1, 2018:
Court will not permit a sale to an insider not subject to overbid. Discuss with debtor appropriate methods for advertising sale, including listing sale on court's website, and overbid procedures. Continue hearing to date that can serve as date of auction sale.
Final Ruling for August 1, 2018:
Continue hearing to September 13, 2018 at 10:00 a.m. If debtor would like to proceed with sale, debtor should file and serve amended sale motion with overbid procedures and post particulars of sale on websites and serve other possibly interested parties and others in similar industries not later than August 17, 2018. Sale hearing can be set for September 13, 2018 at 10:00 a.m.
Tentative Ruling for September 13, 2018:
Docket does not reflect any new filings. Deny motion without prejudice.
Debtor(s):
Golden Vista Construction Inc Represented By Stephen L Burton
10:00 AM
fr. 6-6-18, 8-1-18
Docket 38
NONE LISTED -
Tentative Ruling for June 6, 2018:
Is the only response to the motion the debtor's status report? Has the debtor provided evidence that insurance is currently in force? If not, grant motion and convert or dismiss case. What progress has the debtor made on the remaining compliance issues? Hearing required.
Final Ruling for June 6, 2018:
Continue hearing to August 1, 1028 at 11:00 a.m. If debtor does not file its April MOR by June 15, the US Trustee can file a declaration to this effect and request entry of an order converting the case.
Tentative Ruling for August 1, 2018:
Operating reports for April and May 2018 were filed on June 14 and 22, respectively. Debtor filed motion to approve sale which was set for hearing at 10:00 a.m. on August 1, 2018. Revisit status of case after conclusion of hearing on sale motion.
Final Ruling for August 1, 2018:
Continue hearing to September 13, 2018 at 10:00 a.m.
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Tentative Ruling for September 13, 2018:
What, if anything, has transpired in this case since the last hearing? Has the debtor resumed operations? Is there anything here to reorganize? Should the case be converted or dismissed? Hearing required.
Debtor(s):
Golden Vista Construction Inc Represented By Stephen L Burton
10:00 AM
Docket 1
NONE LISTED -
Tentative Ruling for December 6, 2017:
Set deadline for service of notice of bar date and bar date. Court is not likely to approve a sale to an insider without sufficient marketing efforts to locate an independent purchaser or overbidder.
Has the debtor now complied with all of the guidelines of the Office of the United States Trustee? If not, which matters are currently outstanding? This is an operating case. Where is the evidence requested of the debtor's projected income and expenses for the first six months of the case? Hearing required.
12/18/17 -- Court approved order setting bar date of February 3, 2018. (L/D to serve notice of bar date is December 15, 2017.)
2/1/18 -- Court signed scheduling order with following dates: L/D to serve notice of bar date -- December 15, 2017
Bar date -- February 3, 2018
Cont'd status conference -- March 7, 2017 at 11:00 L/D to file updated status report -- February 23, 2018
Tentative Ruling for March 7, 2018:
Discuss with debtor deadlines for filing sale motion and deadline for filing plan
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and disclosure statement.
Tentative Ruling for June 6, 2018:
If the debtor has not been able to locate anyone willing to market the business, the court will want an appraisal in order to be able to evaluate whether consideration offered by insider is appropriate.
7/27/18 -- Court approved scheduling order with following dates:
L/D to file plan and disclosure statement -- July 31, 2018
Hearing on disclosure statement -- September 26, 2018 at 2:00 p.m. Cont'd status conference -- August 1, 2018
Tentative Ruling for August 1, 2018:
Debtor has filed motion to approve sale which was set for hearing on August 1, 2018 at 10:00 a.m. Revisit status of case after conclusion of hearing on sale motion.
Tentative Ruling for September 13, 2018:
See tentative ruling for matter no. 8.
Debtor(s):
Golden Vista Construction Inc Represented By Stephen L Burton
Movant(s):
Golden Vista Construction Inc Represented By Stephen L Burton Stephen L Burton
2:00 PM
fr. 11-15-17, 11-29-17, 3-14-18, 3-21-18, 5-24-18, 6-20-18, 8-29-18
Docket 271
NONE LISTED -
10/18/17 -- At hearing held this date, Court continued hearing to November 29, 2017 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for November 29, 2017:
Court agrees with debtor that it did not waive its right to argue that default interest charges are unenforceable under applicable nonbankruptcy law. One cannot agree to pay an unenforceable penalty. None of the release cases cited by EWB are instances in which a debtor was held to have waived or released the right to argue that it should not be required to pay default interest because the obligation to pay that interest was an unenforceable penalty. (Perhaps it would be a different scenario if the debtor were paying off the lender and both sides were agreeing that the amount paid was payment in full and no further amounts would be sought or due in either direction and that agreement included 1542 waivers.) Court is not persuaded by EWB's laches, equitable estoppel or unclean hands arguments.
It is true that debtor bears the ultimate burden of proof in establishing that a liquidated damages provision (here, default interest) is unenforceable, but, absent discovery, a borrower will not have access to any discussions or actions that may have occurred on the lender's side of the transaction that led the lender to impose a particular default interest rate. And, if the lender's responses to discovery do not provide any evidence of prior or contemporaneous efforts on the part of the lender to arrive at a default interest rate that was intended to compensate for the actual anticipated
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damage that would result from a default, a borrower will have carried its burden of proof. See Cal. Bank & Trust v. Shilo Inn Seaside East, LLC, 2012
U.S. Dist. LEXIS 163134.
There is an additional legal issue here: whether, assuming the default interest provision would otherwise have been an unenforceable penalty under nonbankruptcy law, the debtor could waive that defense and render the penalty enforceable in exchange for the lender's forbearance and whether that in fact occurred here. A mere recital of what the lender claims as default interest in the forbearance agreement will not change the enforceability of a penalty provision. And, notably, here, the lender creates new potentially unenforceable penalty provisions in the forbearance agreement itself. In section 2(d) of the agreement, the lender agrees that, if the payments are made in accordance with the new schedule set forth in the forbearance agreement, the lender will forgive the default interest charges. So, once again, the question becomes whether these charges are being threatened/imposed as a penalty to coerce the debtor to perform in a timely manner (in which case they are unenforceable) or whether they represent a reasonable attempt to quantify the actual damages that lender will suffer in the event that payments are made late.
Here, the initial nondefault interest rate was 6.75 percent. The default interest rate increased that rate by 6 percent over the variable index rate. (This was in addition to a late charge equal to 6 percent of each delinquent payment.) Where did these numbers come from? Does this default interest rate represent a reasonable attempt by the lender to quantify its actual damages in the event of a default? Discovery is not yet complete, but does lender believe that it will locate additional relevant documents if discovery is permitted to continue?
Hearing required.
Final Ruling for November 29, 2017:
Continue hearing to March 14, 2018 at 11:00 a.m. Parties should file and serve supplewmental papers simultaneously not later than February 28, 2018. Any experts should be disclosed by January 17, 2018. Disclosure should
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include who the expert is, their contact information and a summary of their anticipated testimony. Hearing will not be an evidentiary hearing.
2/27/18 -- Court approved stipulation continuing hearings to March 21, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 14, 2018.
Tentative Ruling for March 21, 2018:
Under section 1671(b), a liquidated damages provision will be enforceable unless the party challenging that charge proves that the provision was unreasonable under the circumstances existing at the time the parties entered into the agreement. The debtor has argued that the default interest provision, increasing the interest rate by 5 percent, was unreasonable because it is enormous in comparison to the amount of the underlying obligation and is disproportional to any of the bank's anticipated losses, particularly in light of the fact that the bank imposed other fees and charges to account for/reimburse it for any actuallly anticipated damage, including late charges, attorneys' fees, expense reimbursements and exit fees. (Does the bank concede that the actual amount of the exit fees should be $600,000 and not $1.715 million?) The debtor argues further that the bank made no effort to estimate its actual damages and never thought of this as compensation for actual losses. The bank repeatedly referred to the default interest charges as "penalties" and viewed them as such, offering to waive them in forebearance agreements but never offering to waive its actual damages.
The bank's response is, in substance, the default interest rate is reasonable because we say so, because other banks were charging this default rate at the time too and because it is impossible to make any attempt to quantify actual damages. This cannot be sufficient to overcome the arguments advanced by the debtors. "Because we say so" and "everybody's doing it" have never been persuasive arguments. "We just gave up and pulled a number out of the air" isn't much better. The problem with this argument is that it can be used to justify any default interest rate whatsoever. Essentially, the bank's argument collapses down to this rate is reasonable because other lenders typically charge this amount or more.
Nevertheless, as reasonableness is an inherently factual issue, requiring the
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court to weigh the evidence offered by the parties, set evidentiary hearing on issue of reasonableness.
Court agrees that, to the extent that the debtor prevails in preventing the bank from charging default interest, the debtor will be the prevailing party in these claim objections, at least in part, and there will need to be an allocation of fees. The allowance of any attorneys' fees should be tabled until after the court resolves the merits of the default interest dispute and can determine which of the parties is the prevailing party.
Rulings on Evidentiary Objections:
EWB's Objections to Supplemental Galletly Declaration
Overrule. Declaration includes foundation (that declarant negotiated the loans -- see paragrah 20). This may be inconsistent with prior testimony given by declarant, in which case declarant can be impeached on that ground, but the inaccuracy of testimony or the fact that it contradicts other testimony does not make it inadmissible. (Court notes that EWB's own witness, Robert Lo, testifies at paragraph 12 that Galletly was significantly involved in negotiating the terms of the loan. Mr. Lo also testifies that he doesn't remember discussing or whether the parties discussed default interest prior to loan closing. So what is the issue here?)
Debtor's Objections to Declaration of Maita Prout
Sustain (relevance)
Sustain (relevance)
Sustain (relevance)
(Court agrees that Ms. Prout should have been disclosed as a witness earlier, but the matters on which she seeks to testify are irrelevant in any event.)
Debtor's Objections to EWB's Request for Judicial Notice
Sustain objections. EWB is asking the court to take judicial notice not merely of the filing of the documents attached to its RJN, but to the truth of the testimony contained in those declarations or proofs of claim -- that the attached documents are true and correct copies of what the declarant represents they are. Court should not take judicial notice of such matters.
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Debtor's Objections to Declaration of Miriam Galvan
Sustain. Strike Ms. Galvan's declaration. If EWB intended to rely on Ms. Galvan's testimony on the issue of the bank's need to increase its reserves when a loan becomes delinquent, she should have been produced as a witness in response to the deposition notices served.
Debtor's Objections to Declaration of Brian Procel
Overrule.
Overrule.
Overrule.
Overule.
Overrule.
Tentative Rulings for May 23, 2018: Additional Evidentiary Rulings
Docket No. 473, EWB's Objections to Alicia Barclay's Declaration General Objection: Failure to identify declarant as a 30(b)(6) witness.
Overrule, unless EWB asked debtor to identify all persons with knowledge of these topics and Ms. Barclay was omitted from the list. There is no requirement that the debtor use the person most knowledgeable to testify about a particular matter. (The Court notes, however, that it is odd that the debtor would choose someone to testify about a particular matter that is not the person most knowledgeable and that it may be appropriate to draw an inference of some kind from that decision.)
Overrule as to first sentence. As to second sentence, court interprets that sentence as describing what the debtor's belief was at the time. Witness has not laid a sufficient foundation to testify as to the parties' understanding, so sustain objection to the extent that debtor is attempting to testify that the parties had an agreement to this effect.
Sustain. None of this is testimony. It is all legal argument. If she is testifying as to what the documents say, there is a best evidence problem and she has not laid a foundation sufficient to enable her to authenticate any such documents if the documents had been attached.
Sustain as to first sentence for lack of foundation/personal knowledge.
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Overrule as to second sentence that begins with, "However."
Sustain for lack of foundation and hearsay. Witness does not provide sufficient testimony to make business records upon which the summary was based admissible as an exception to the hearsay rule and does not testify as to who prepared the summary.
See ruling on objection no. 4.
Sustain. Lack of foundation.
Sustain. Lack of foundation.
Sustain objection to Exhibit 1 for reasons set forth in ruling on objection no. 4.
Docket No. 472, EWB's Objection to Supplemental Declaration of Greg Galletly
Court has addressed general objections in its rulings on specific objections.
Sustain as to first sentence for relevance. Sustain as to second sentence (best evidence rule), but is this in dispute?
Sustain for lack of foundation.
Sustain for lack of foundation.
Sustain for lack of foundation.
Sustain for lack of foundation.
Sustain for lack of foundation.
Overrule.
Sustain (best evidence rule).
Overrule.
Overrule.
Tentative Ruling on EWB's Request for Calculation of Attorneys' Fees in Claims Nos. 9 and 11 for September 13, 2018:
(It is court's understanding that EWB is not seeking an allowance of its actual damages in lieu of default interest.)
Court agrees with EWB that the hourly rates that it seeks to charge are reasonable and that EWB is not required to comply with the rules and guidelines that pertain to fee applications. Court is also not inclined to compare EWB's fees to the debtor's fees for the purpose of assessing reasonableness. However, court would like to see engagement letter for Miller Barondess firm, as the Court only saw its attorneys' in connection with
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the litigation of the claim objection and the Court would like a clearer understanding of the division of labor as between the two firms representing EWB.
Although Debtor may not have raised an objection to the portion of the fees included in EWB's proof of claim, court cannot assess reasonableness of the fees requested thereafter without taking into account all fees that EWB seeks to include in its secured claim. There is no reason to draw a curtain across any services rendered prior to the filing of the proof of claim and treat them any differently than the balance of the fees requested.
Hearing required.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
$2,765,378.98
fr. 11-15-17, 11-29-17, 3-14-18, 3-21-18, 5-24-18, 6-20-18, 8-29-18
Docket 269
NONE LISTED -
10/18/17 -- At hearing held this date, Court continued hearing to November 29, 2017 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017.
Tentative Ruling for November 29, 2017:
Rulings on EWB's Evidentiary Objections (to Salvato Declaration):
Sustain. Best Evidence Rule. (This is more in the nature of argument than testimony.)
Same as ruling no. 1.
Same as ruling no. 1.
Overrule.
Sustain.
6-9. Overrule.
See tentative ruling for matter no. 105 with regard to debtor's argument as to the enforceability of default interest. Here, nondefault rate was originally 5 percent over the variable index rate. Default rate increased that rate to 10 percent over the variable index rate.
With regard to claim for attorneys' fees, continue hearing to permit EWB to provide fee statements.
Court is confused with regard to the debtor's offset claim. If the debtor were
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able to establish that the BGM trustee overpaid because some portion of the amounts he paid were for unenforceable claims, how would/why should that result in a reduction in the amount that this debtor owes to EWB on account of some other claim? The BGM trustee has filed a proof of claim for reimbursement of the amounts that it paid EWB. If the trustee should not have paid a portion of these amounts because they were unenforceable, that should serve merely to reduce the amount that the trustee would otherwise be able to recover from this debtor.
2/27/18 -- Court approved stipulation continuing hearings to March 21, 2018 at 11:00 a.m. OFF CALENDAR FOR MARCH 14, 2018.
Tentative Ruling for March 21, 2018: See tentative ruling for matter no. 103.
Tentative Ruling for May 23, 2018: See tentative ruling for matter no. 1.
Tentative Ruling for September 13, 2018:
It is the court's understanding that EWB has not sought an allowance of fees attributable to claim no. 11 separately in light of the court's instructions concerning the manner in which amounts already paid on the second loan should be applied/allocated.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
2:00 PM
Gregory M Salvato
2:00 PM
Docket 430
NONE LISTED -
Revisit status of confirmation process and briefing schedule after conclusion of related matters on calendar.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
fr. 5-31-17, 6-14-17, 8-2-17, 10-4-17, 10-18-17, 11-29-17, 1-31-18, 2-28-18,
5-24-18, 6-20-18, 8-29-18
Docket 1
NONE LISTED -
5/22/17 -- Court granted motion setting bar date of August 9, 2017. Tentative Ruling for May 31, 2017:
Continue case status conference to date that can serve as date of hearing on disclosure statement, unless debtor plans to commence payments instead of filing plan on 90th day.
Tentative Ruling for June 14, 2017:
Debtor has now filed plan and disclosure statement. Continue case status conference to date of hearing on disclosure statement.
Tentative Ruling for August 2, 2017:
Continue case status conference to date of continued hearing on disclosure statement.
8/31/17 -- Court signed order continuing hearing to October 18, 2017 at 2:00
p.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for September 13, 2018:
Revisit status of case after conclusion of related matters on calendar.
2:00 PM
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
Docket 597
NONE LISTED -
8/29/18 -- At hearing held this date, Court agreed that parties could file oppositions not later than noon on September 4 and replies by 11:59 p.m. on September 7.
Rulings on Evidentiary Objections:
Court is not making a finding about whether or not there has been an overpayment, but the parties need to meet and confer and resolve this issue. Failing that, the court will need to have an evidentiary hearing to determine whether or not there has been an overpayment, but this seems to be a pure accounting issue. If there is an underlying contract interpretation issue that led to this overpayment, court will need to know what that is. Overrule objection in that court is admitting this testimony only for the purpose of establishing that there is yet another dispute between the parties that needs to get resolve one way or the other.
Tentative Ruling on the Merits:
Allow debtor as the prevailing party a total of $467,864.67 in fees and costs that may be used as a credit against amounts otherwise due with regard to claim no. 9. (Court assumes that there is no remaining balance due with regard to claim no. 11 in light of court's ruling on default interest.)
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
10:00 AM
Docket 19
NONE LISTED -
Court has reviewed trustee's status report. Continue status conference to March 20, 2019 at 10:00 a.m. Trustee should file updated status report not later than March 8, 2019. APPEARANCES WAIVED ON SEPTEMBER 26, 2018.
Debtor(s):
Juan Manuel Vazquez Represented By Luis G Torres
Joint Debtor(s):
Yecenia Vazquez Represented By Luis G Torres
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 6
NONE LISTED -
Vacate OSC as moot. Case has been dismissed on other grounds. Appearances waived. Court will prepare order.
Debtor(s):
Maria E Kreslake Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 7
NONE LISTED -
Judge Kwan has entered an order granting debtor's motion to redeem collateral. Deny motion to reaffirm as inconsistent with redemption.
APPEARANCES WAIVED. COURT WILL PREPARE ORDER.
Debtor(s):
Michael Wayne Torres Represented By Michael E Clark
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
(Presumption of Undue Hardship)
Docket 11
NONE LISTED -
On calendar in error. Attorney signed agreement and checked box, certifying that debtor should be able to make required payments. Court approval is not required. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Rony Ralda Represented By
Michael J Ponce
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
(Presumption of Undue Hardship)
Docket 26
NONE LISTED -
On calendar in error. Attorney signed agreement and checked box, certifying that debtor should be able to make required payments. Court approval is not required. (NOTE: Agreement is not on mandatory form.) OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Abraham Paez Jr. Represented By John F Bazan
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
[Presumption of Undue Hardship]
Docket 10
NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Marysol Ramos Represented By Raymond Perez
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 12
NONE LISTED -
Grant motion. Impose fines of $1,000 for two violations of section 110 and require respondent to disgorge $100 to the debtor.
Debtor(s):
Luis Enrique Jimenez Pro Se
Movant(s):
United States Trustee (LA) Represented By Ron Maroko
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 31
NONE LISTED -
Trustee is correct that exemption claimed by the debtor only applies when the policy is owned by the debtor, but if the debtor doesn't own the policy it isn't even property of the estate. Rather than merely sustaining an objection to the exemption, the debtor should amend the schedules to omit this asset. Is the court missing something?
Debtor(s):
Guillaume Maillet Represented By Lane K Bogard
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
10:00 AM
Docket 13
NONE LISTED -
Tentative Ruling for August 15, 2018:
Motions were filed without supporting documents and calculations on attachment do not add up properly. Discuss with movant problems with motion.
Final Ruling for August 15, 2018:
Continue hearing to September 26, 2018 at 10:00 a.m. Debtor should file and serve amended motion not later than September 5, 2018.
Tentative Ruling for September 26, 2018:
Debtor never filed amended motion. Deny motion without prejudice.
Debtor(s):
Jesse Medel Represented By
Yelena Gurevich
Movant(s):
Jesse Medel Represented By
Yelena Gurevich
10:00 AM
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 14
NONE LISTED -
Tentative Ruling for August 15, 2018:
Motions were filed without supporting documents and calculations on attachment do not add up properly. Discuss with movant problems with motion.
Final Ruling for August 15, 2018:
Continue hearing to September 26, 2018 at 10:00 a.m. Debtor should file and serve amended motion not later than September 5, 2018.
Tentative Ruling for September 26, 2018:
Debtor filed amended motion and then withdrew the motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Jesse Medel Represented By
Yelena Gurevich
Movant(s):
Jesse Medel Represented By
Yelena Gurevich
10:00 AM
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 24
NONE LISTED -
OFF CALENDAR. DUPLICATE OF NUMBER 10.
Debtor(s):
Jesse Medel Represented By
Yelena Gurevich
Movant(s):
Jesse Medel Represented By
Yelena Gurevich
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Salesforce.com, Inc. and Yahoo!, Inc. Only - Claim Nos. 242, 272 and 292 by Stipulation/Order:
fr. 4-4-18, 4-25-18, 7-18-18, 8-15-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
10:00 AM
136 H & D Accessories
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
10:00 AM
205 Rehab
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
NONE LISTED -
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
10:00 AM
no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
4/2/18 -- Court approved stipulation to continuing hearing on objection to claim no. 242 to April 25, 2018 at 10:00 a.m.
AS ALL PENDING OBJECTIONS HAVE NOW BEEN RESOLVED OR CONTINUED, OFF CALENDAR FOR APRIL 4, 2018.
4/15/18 -- Court continued hearings on objections to claim nos. 242, 272 and 292 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 25, 2018.
5/24/18 -- Court approved stipulation continuing hearings on objections to claims 242, 272 and 292 to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018. NO APPEARANCE REQUIRED.
7/16/18 -- Court approved stipulations resolving objections to claim nos. 272 and 292. Only unresolved objection is to claim no. 242.
7/16/18 -- Court approved stipulation continuing hearing on objection to claim no. 242 to August 15, 2018 at 10:00 a.m. OFF CALENDAR FOR JULY 18,
2018.
8/18/18 -- Court approved stipulation continuing hearing to September 26, 2018 at 10:00 a.m. OFF CALENDAR FOR AUGUST 15, 2018.
9/20/18 -- Court approved stipulation continuing hearing to October 10, 2018 at 10:00 a.m. OFF CALENDAR. NO APPEARANCE REQUIRED.
10:00 AM
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
10:00 AM
Approving Sale of Real Property Located at 4038 Sungate Drive, Palmdale, California 93551, Free and Clear of All Liens, Interests, Claims, and Encumbrances Pursuant to 11 U.S.C. § 363(b) and (f);
Approving Bid Procedures
Determining that Buyers and Entitled to Protection Pursuant to 11 U.S.C. § 363 (m)
Docket 141
NONE LISTED -
Once again, this is an interested party transaction. Proposed buyers are the godparents of the debtor's children. Are there any qualified overbidders?
Have copies of the motion been provided to other people who were shown the property, or were they at least provided with information about overbidding? How can the court make a good faith finding here where there is no arms length relationship?
Hearing required.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
Movant(s):
Viken Manjikian Represented By
10:00 AM
Daniel J Weintraub Nina Z Javan James R Selth
10:00 AM
Docket 84
NONE LISTED -
9/20/18 -- Court approved stipulation continuing hearing to October 24, 2018 at 10:00 a.m. OFF CALENDAR FOR SEPTEMBER 26, 2018.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
10:00 AM
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date.
When does debtor believe she will be in a position to propose a plan of reorganization? What has to happen before she will be in a position to propose a plan?
Is there a written lease with Henderson Mechanical? Is it at market? Is the rent current under that lease?
Hearing required.
7/19/18 -- Court approved scheduling order setting following dates: L/D to serve notice of bar date -- July 25, 2018
Bar date -- September 14, 2018
Cont'd status conference -- September 26, 2018 at 10:00 a.m. L/D to file updated status report -- September 19, 2018
9/20/18 -- Court continued hearing to October 17, 2018 at 10:00 a.m. OFF CALENDAR FOR SEPTEMBER 26, 2018.
Debtor(s):
Hedieh Lee Represented By
Onyinye N Anyama
10:00 AM
11:00 AM
fr 7-11-13; 8/15/13, 8-22-13, 9-26-13, 10-23-13, 2-26-14, 6-4-14, 12-3-14,
6-10-15, 12-9-15, 6-15-16, 12-14-16, 5-17-17, 6-7-17, 12-6-17, 3-21-18
Docket 82
NONE LISTED -
Continue case status conference to December 3, 2014 at 11:00 a.m. Debtor should file with the Court status report that sets forth plan payments made through that date not later than November 21, 2014. APPEARANCES WAIVED ON JUNE 4, 2014.
Tentative Ruling for December 3, 2014:
Where is the required status report with evidence of the payments made? Hearing required.
Tentative Ruling for June 10, 2015:
Where is the required status report with evidence of the payments made? Hearing required.
Tentative Ruling for December 9, 2015:
Continue status conference for approximately 6 months. Set new deadline for filing status report and discuss form of status report with debtor.
Final Ruling for December 9, 2015:
Continue hearing to June 15, 2016 at 11:00 a.m. Reorganized debtor should
11:00 AM
file and serve updated status report not later than June 3, 2016.
Tentative Ruling for June 15, 2016:
Where is the status report that should have been filed by June 3, 2016?
Tentative Ruling for December 14, 2016:
Court ordered debtor to file updated status report by December 1. The only report the Court has seen is the Post-Confirmation Status Report for the quarter ending September 30, 2016, filed December 5, 2016. According to that report, the debtor made a total of $31,268.15 in disbursements during the third quarter. Is this right? Is the debtor now current on her plan payments? Hearing required.
Final Ruling for December 14, 2016:
Debtor is now in compliance and is current on her plan payments. Continue hearing to May 17, 2017 at 11:00 a.m. Reorganized debtor should file and serve an updated status report not later than May 5, 2017.
Tentative Ruling for May 17, 2017:
Where is the status report that should have been filed on May 5, 2017? What is the status of this case? Hearing required.
Tentative Ruling for June 7, 2017:
Court has reviewed reorganized debtor's status reports. Continue case status conference to December 6, 2017 at 11:00 a.m. Debtor should file and serve updated status report not later than November 29, 2017.
APPEARANCES WAIVED ON JUNE 7, 2017.
Tentative Ruling for December 6, 2017:
According to coversheet to status report, payments to BNY Mellon and
11:00 AM
Deutsche Bank on account of unsecured claims are being returned uncashed? Has debtor had any contact with creditors? Have they explained why this is occurring? Hearing required.
Final Ruling for December 6, 2018:
Continue case status conference to March 21, 2018 at 11:00 a.m. Reorganized debtor should file updated status report by March 9, 2018. UST should serve written notice on the debtor.
Tentative Ruling for March 21, 2018:
Docket does not reflect service of a notice or filing of an updated status report. What is the status of this matter? Hearing required.
Tentative Ruling for September 26, 2018:
Continue case status conference to March 20, 2019 at 11:00 a.m. Reorganized debtor should file updated status report not later than March 8, 2019. APPEARANCES WAIVED ON SEPTEMBER 26, 2018.
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
11:00 AM
Approve Compromise With Great American Insurance Company, Pacific Indemnity Company, And Al Relays, LLC;
Approve Sale Of Insurance Policies
For Related Injunction And Attendant Findings
Docket 197
9/11/18 - Conor O'Croinin, (410)949-1160, has been approved for telephonic appearance on 9/26/18 @ 11am
9/17/18 - Andrew Goldfarb, (202)778-1822, has been approved for telephonic appearance on 9/26/18 @ 11am
9/25/18 - Thomas Koegel, (415)365-7858, has been approved for telephonic appearance on 9/26/18 @ 11am
9/25/18 - Leslie Cohen, (310)394-5900, has been approved for telephonic appearance on 9/26/18 @ 11am
Court sees the judgment reduction clause, but is there anything about an injunction in the parties' settlement agreement? Who is being enjoined by this injunction and on what basis is it appropriate for this Court to issue an injunction? Have the parties to be enjoined even been served? If the only affected parties are the other parties to the agreement who have consented to this arrangement, why is an injunction even necessary? There is no underlying action in which injunctive relief has been sought that the Court; there is no plan containing an injunction necessary to a reorganization effort; there is no evidence concerning the showing that must be made to support
11:00 AM
the issuance of an injunction. Are the parties seeking to proceed under state law section CCP 877.6?
9/25/18 -- Court approved stipulation to continue hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR SEPTEMBER 26, 2018.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Movant(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
11:00 AM
Docket 199
9/11/18 - Conor O'Croinin, (410)949-1160, has been approved for telephonic appearance on 9/26/18 @ 11am
9/17/18 - Andrew Goldfarb, (202)778-1822, has been approved for telephonic appearance on 9/26/18 @ 11am
9/25/18 - Thomas Koegel, (415)365-7858, has been approved for telephonic appearance on 9/26/18 @ 11am
9/25/18 - Leslie Cohen, (310)394-5900, has been approved for telephonic appearance on 9/26/18 @ 11am
Grant motion. Approve compromise.
9/25/18 -- Court approved stipulation to continue hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR SEPTEMBER 26, 2018.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Movant(s):
Brad D Krasnoff (TR) Represented By
11:00 AM
Eric P Israel
Trustee(s):
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
11:00 AM
Greenlawn Water District, and Town of Huntington, New York fr. 5-30-18, 6-27-18, 7-18-18, 8-15-18, 8-29-18
Docket 173
9/11/18 - Conor O'Croinin, (410)949-1160, has been approved for telephonic appearance on 9/26/18 @ 11am
9/17/18 - Andrew Goldfarb, (202)778-1822, has been approved for telephonic appearance on 9/26/18 @ 11am
9/25/18 - Thomas Koegel, (415)365-7858, has been approved for telephonic appearance on 9/26/18 @ 11am
9/25/18 - Leslie Cohen, (310)394-5900, has been approved for telephonic appearance on 9/26/18 @ 11am
Trustee cannot unilaterally continue hearing without court's consent once it is on the court's calendar. Why does the trustee want this matter continued.
6/15/18 -- Court approved stipulation continuing hearing to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR JUNE 27, 2018.
7/5/18 -- Court approved stipulation continuing hearing to August 15, 2018 at 10:00 a.m. OFF CALENDAR FOR JULY 18, 2018.
8/8/18 -- Court approved stipulation continuing hearing to August 29, 2018 at 10:00 a.m. OFF CALENDAR FOR AUGUST 15, 2018.
8/28/18 -- Court approved stipulation continuing hearing to September 26,
11:00 AM
2018 at 11:00 a.m. OFF CALENDAR FOR AUGUST 29, 2018.
Tentative Ruling for September 26, 2018:
Haven't all of the terms of this compromise been incorporated into, or superseded by, the remaining compromises on calendar today? Is a separate approval of this compromise still necessary or appropriate? Hearing required.
9/25/18 -- Court approved stipulation to continue hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR SEPTEMBER 26, 2018.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Movant(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Docket 1211
NONE LISTED -
Neither this court nor the trustee has any interest in whether the disputed funds should be paid to Buchalter or to Ultimate Action. The trustee wants to close this case and no one has objected to any portion of the final report.
The only dispute is over what the trustee should do with the funds that would otherwise be paid to Gerson Fox on account of his claims against the estate.
There is already litigation pending in state court between the parties that should resolve the lien priority disputes. Can the disputed funds be deposited with the state court? If not, discuss other options with the parties.
Hearing required.
Debtor(s):
Michael Joel Kamen Represented By Leslie A Cohen Neal Salisian Richard H Lee
Trustee(s):
Richard J Laski (TR) Represented By Jonathan M Weiss Sasha M Gurvitz
2:00 PM
Docket 35
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Alice Cervantes Rom Represented By Daniel King
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Docket 20
NONE LISTED -
Deny motion to convert. Post-petition transfer needs to be avoided and value of equity in property needs to be paid to creditors. Debtor does not have sufficient regular income to deliver comparable value to creditors under a chapter 13 plan.
Debtor(s):
Dacia Genoveva Molina Represented By
Michael H Colmenares
Movant(s):
Dacia Genoveva Molina Represented By
Michael H Colmenares Michael H Colmenares Michael H Colmenares Michael H Colmenares Michael H Colmenares
Trustee(s):
Wesley H Avery (TR) Represented By Robert A Hessling
2:00 PM
Adv#: 2:18-01230 Brubaker v. Firstmark Access Group et al
Docket 5
9/20/18 - Lisa Brubaker, (917)450-4018, has been approved for telephonic appearance on 9/26/18 @ 2pm
The court needs to make a factual finding of undue hardship, for which it needs more than the debtor's conclusory assertion to this effect. Continue hearing to give debtor an opportunity to supplement the record with additional information including a breakdown of what debtor's income and expenses are each month, efforts she has made to increase her income or reduce her expenses, how/why she has been paying $700 per month but cannot now pay
$450 per month.
Debtor(s):
Lisa Nicole Brubaker Pro Se
Defendant(s):
Firstmark Access Group Pro Se
Nelnet Loan Service Inc Pro Se Deutsche Bank ELT Access Group Pro Se American Student Loan Assistance Pro Se
Educational Credit Management Represented By
Scott A Schiff
Movant(s):
Lisa Nicole Brubaker Pro Se
2:00 PM
Plaintiff(s):
Lisa Nicole Brubaker Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01230 Brubaker v. Firstmark Access Group et al
Docket 1
9/20/18 - Lisa Brubaker, (917)450-4018, has been approved for telephonic appearance on 9/26/18 @ 2pm
If Court grants motion for default judgment, take status conference off calendar. If Court does not grant motion for default judgment, continue status conference to coincide with date of continued hearing on default judgment motion.
Debtor(s):
Lisa Nicole Brubaker Pro Se
Defendant(s):
Firstmark Access Group Pro Se
Nelnet Loan Service Inc Pro Se Deutsche Bank ELT Access Group Pro Se American Student Loan Assistance Pro Se Educational Credit Management Represented By
Scott A Schiff
Plaintiff(s):
Lisa Nicole Brubaker Pro Se
2:00 PM
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01224 Time Warner Cable Pacific West LLC v. Figueroa et al
Docket 1
9/18/18 - Nelson Boylan, (661)878-0800, has been approved for telephonic appearance on 9/26/18 @ 2pm.
Continue status conference to October 23, 2018 at 2:00 p.m. to be heard concurrently with motion for default judgment. APPEARANCES WAIVED ON SEPTEMBER 26, 2018.
Debtor(s):
Joel De Jesus Figueroa Represented By Daniel A DeSoto
Defendant(s):
Joel De Jesus Figueroa Pro Se
Ana Figueroa Pro Se
Joint Debtor(s):
Ana Miriam Figueroa Represented By Daniel A DeSoto
Plaintiff(s):
Time Warner Cable Pacific West Represented By
Nelson R Boylan
2:00 PM
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Docket 58
NONE LISTED -
NONE LISTED -
Debtor(s):
Golden Vista Construction Inc Represented By Stephen L Burton
10:00 AM
MOVANT: CIT BANK, N.A
Docket 9
NONE LISTED -
Grant motion, including waiver of Rule 4001(a)(3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included the transfer of an interest in property without movant's consent and multiple bankruptcy filings affecting this property.
Debtor(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Movant(s):
CIT BANK, N.A. Represented By Gregory K Jones
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: WELLS FARGO BANK, N.A.
Docket 9
NONE LISTED -
Grant motion under section 362(d)(4), including waiver of Rule 4001(a)(3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included multiple bankruptcy filings affecting this property.
Debtor(s):
Monica R. Salguero De Chiu Represented By Daniel King
Movant(s):
Wells Fargo Bank, N.A. Represented By Darlene C Vigil
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: BENJAMIN AN
Docket 9
NONE LISTED -
CALL WITH MATTER NO. 12
Court is confused. Debtor is an individual, not an LLC. Does debtor even have any interest in the property? Motion lists a prior bankruptcy filing by Ki
Y. Yang. What is the connection to this debtor or property, if any?
Motion does not contain any admissible evidence of value. If the movant needs relief from stay, continue hearing to give movant an opportunity to provide admissible evidence of value.
NOTE: The decision to grant a 1 percent interest to one party and a 99 percent interest to another does suggest bad faith, as does the debtor's listing an LLC as a DBA, perhaps in an effort to make it appear that the LLC has filed bankruptcy? However, the LLC is NOT in bankruptcy. Hence the question of whether there is an automatic stay here at all. Grant order denying relief from stay on the ground that the debtor, KWANG KIM, does not have any interest in the property, Brick Hospitality, LLC is not in bankruptcy, and the property is not protected by the automatic stay.
Debtor(s):
Kwang T Kim Pro Se
10:00 AM
Movant(s):
Benjamin An Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 108
9/17/18 - Sheryl Ith, (714)431-1029, has been approved for telephonic appearance on 9/27/18 @ 10am
There is a huge equity cushion to provide adequate protection. Motion does not state any ground for relief. Has movant conferred with trustee to find out what trustee intends to do with vehicle? Is this vehicle one of the ones sold by the trustee? Hearing required.
Debtor(s):
California Sandblasting & Coating, Represented By
Alan F Broidy
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 110
9/17/18 - Sheryl Ith, (714)431-1029, has been approved for telephonic appearance on 9/27/18 @ 10am
There is a huge equity cushion to provide adequate protection. Motion does not state any ground for relief. Has movant conferred with trustee to find out what trustee intends to do with vehicle? Is this vehicle one of the ones sold by the trustee? Hearing required.
Debtor(s):
California Sandblasting & Coating, Represented By
Alan F Broidy
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
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MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 109
9/17/18 - Sheryl Ith, (714)431-1029, has been approved for telephonic appearance on 9/27/18 @ 10am
There is a huge equity cushion to provide adequate protection. Motion does not state any ground for relief. Has movant conferred with trustee to find out what trustee intends to do with vehicle? Is this vehicle one of the ones sold by the trustee? Hearing required.
Debtor(s):
California Sandblasting & Coating, Represented By
Alan F Broidy
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 9
9/20/18 - Austin Nagel, (925)855-8080 x 205, has been approved for telephonic appearance on 9/27/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Mike Doan Hua Represented By Nancy Korompis
Joint Debtor(s):
Julie Trang Truong Represented By Nancy Korompis
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER, USA, INC.
Docket 8
9/17/18 - Sheryl Ith, (714)431-1029, has been approved for telephonic appearance on 9/27/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Mignon Yvette Bell Represented By Steven A Alpert
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
David M Goodrich (TR) Pro Se
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424-100-013 located in unincorporated Riverside County MOVANT: COUNTY OF RIVERSIDE
Docket 876
9/16/18 - Notice of Unavailability from Jeffrey Broker, Attorney for Debtor - 10/18/18 - 10/24/18; 11/20/18 - 11/23/18 and 12/20/18 - 1/9/19.
Rulings on Evidentiary Objections:
(Court has numbered the objections interposed by parties)
County's Objections Krentel Declaration
Sustain. Best evidence rule; legal opinion; lack of foundation.
Sustain. Lack of foundation.
Sustain. Lack of foundation.
Overrule as to first sentence. Sustain as to second sentence.
Overrule as to first sentence. Sustain as to balance.
Golkar Declaration
Sustain. Lack of foundation.
Sustain. Lack of foundation.
Overrule.
Overrule.
Sustain. Lack of foundation.
Overrule as to first sentence. Sustain as to balance.
Sustsain. Lack of foundation.
Sustain. Lack of foundation (and may be hearsay or best evidence rule problem as court cannot determine the foundation for the testimony).
10:00 AM
Sustain as to first and second sentences based on lack of foundation/hearsay. Overrule as to first half of third sentence (testimony as to what declarant has done). Sustain as to second half of third sentence (as to whether that will satisfy the requirements of the CESA challenge). Sustain as to balance for lack of foundation.
Overrule (testimony is what his expectation is).
Overrule to extent that declarant is testifying only as to what he intends to do and what he hopes/anticipates will happen. Court does not accept this as evidence of what will actually happen.
Sustain. Lack of foundation.
Bailey Declaration
Sustain. Lack of foundation; best evidence; legal opinion.
Krentel's Objections Mina Declaration
Sustain. Lack of foundation; best evidence rule.
Sustain. Best evidence rule.
Overrule.
Sustain. Lack of foundation.
Sustain. Lack of foundation.
Sustain. Lack of foudation.
Sustain. Lack of foundation.
Sustain. Lack of foundation.
Sustain. Lack of foundation.
Overrule.
Sustain. Lack of foundation as to first sentence. Overrule as to second sentence.
Overrule as to first sentence. Sustain as to second sentence (best evidence rule).
Overrule.
Overrule.
Fordon Declaration
Overrule.
Sustain. Lack of foundation.
Sustain. Lack of foundation.
Sustain. Lack of foundation; best evidence rule.
Sustain. Best evidence rule.
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Sustain. Best evidence rule as to contents of document. Lack of foundation as to truth of factual representations contained in document.
Sustain. Best evidence rule as to contents of document. Lack of foundation as to truth of factual representations contained in document.
Sustain. Best evidence rule as to contents of document. Lack of foundation as to truth of factual representations contained in document.
McClure Declarations
Overrule.
Overrule.
Tentative Ruling on Merits
Neither side has presented the Court with any circuit court or other binding authority on the question of whether the County’s proposed eminent domain action falls under the police powers exception of §362(b)(4). But, under the cases cited, the County’s actions could be interpreted as within the police powers exception so long as the County is pursuing actions to protect the imminent public health and safety (more than just a public necessity) and not to protect a pecuniary interest in property of the debtor or property of the estate. 11 U.S.C. §362(b)(4).
The Court notes further that, in the Altamirco case, although Judge Pagter found that the eminent domain action was not within the police power exception, he granted relief from stay to permit the action to be removed to bankruptcy court, said that he would permit the government to prosecute the action in bankruptcy court if the government prevailed in a pending state court mandamus action that the parties agreed would be resolved in 60 days and did not impose sanctions for violating the automatic stay. (Resolution of the mandamus action in the debtor's favor would have had the effect of setting aside the redevelopment plan under which the county sought to acquire the debtor's property.) In the Blunt action, a bankruptcy court in Maryland in a case decided 10 years after Altamirco, applying 6th circuit case law for the proposition that the automatic stay does not bar a municipality from demolishing buildings, found that it was not a violation of the automatic stay for the city to demolish the debtor's condemned housing complex because the purpose of the demolition was to protect public health and safety.
The Court is prepared to accept that the Project is advanced to protect the public
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health and safety. The Environmental Assessment for the Lamb Canyon Landfill Site Acquisition and Expansion Project (“EA”) is dated January 23, 2018. The improvements proposed by the Project “will facilitate improved water quality through NPDES compliance including BMPs that serve to minimize or eliminate pollutants in storm water discharge, as well as improve operational efficiencies at the LCL. The Project will assist the Department in providing ongoing essential waste disposal and waste management services to Riverside County residents.” The EA goes on to provide that acquisition of the Property is “imminent and necessary.”
However, even if the actions that the county wishes to take are not within the police powers exception to the automatic stay, there appears to be cause to grant relief from stay to permit the county to proceed with the eminent domain proceeding. Granting relief from stay at this juncture (without maing a finding that the eminent domain proceeding is within the police power exception to the stay) would not dispose of any contention that actions taken by the county prior to this date constitute a violation of the automatic stay, however, the court is skeptical that a decision by the county to take the steps necessary to try to acquire the property through eminent domain constitute a violation of the automatic stay. (And any argument that Krentel may have concerning defects in the eminent domain process due to delays in moving forward by the County may be raised by way of defense in any eminent domain action.)
Although Mr. Krentel clearly views the County's desire to commence an eminent domain proceeding as a fly in the ointment that may delay his impending purchase of the property and/or delay or derail his development plans, it appears that the parties have known about this prospect for years. And the County will be able to proceed with an eminent domain proceeding at some point. It is far from clear to the Court that delaying the commencement of such a proceeding until after Krentel has made more progress with his development plans is an objective the court should endeavor to facilitate. If there will need to be a new EIR due to the County's proposed expansion of the landfill, why shouldn't there be a new EIR before Krentel proceeds with development plans? This is a contingency that Krentel should have planned for. Why can't the sale to Krentel proceed, with the estate transferring its interest in the acres that the County wants to acquire to Krentel subject to whatever rights the County may have to acquire the property through eminent domain?
Hearing required.
10:00 AM
Debtor(s):
The Preserve, LLC Represented By Jeffrey W Broker Richard A Harvey
Movant(s):
County Of Riverside Represented By Jennifer R McClure
Trustee(s):
John J Menchaca (TR) Represented By Monica Y Kim
John J Menchaca (TR) Steven J. Katzman Matthew M Clarke Jeffrey W Broker
10:00 AM
Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 5-8-18, 6-27-18, 8-16-18
Docket 339
NONE LISTED -
Tentative Ruling for May 8, 2018:
Rulings on Plaintiff's Evidentiary Objections:
(Court has numbered individual objections interposed by plaintiff.)
Sustain.
Sustain.
Overrule.
Overrule.
Overrule.
Overrule.
Sustain.
Sustain.
Sustain.
Sustain.
Overrule.
Overrule.
Overrule.
Overrule.
Overrule.
Tentative Ruling on Merits:
Baker has fundamentally misconstrued what the court has ordered. The Court did not order Baker to provide Anderson with access to what Pickrell
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read or to emails that Baker has determined are relevant. The Court ordered Baker to provide Anderson with access to the same sources to which Pickrell was given access. The scope of the court's order is not limited to emails that Baker has decided relate to this litigation. Plaintiff should be given access to the email systems that Baker has used so that plaintiff can ascertain whether there are additional emails and files that Baker has attempted to prevent him from seeing. Further Baker does not sufficiently address or refute plaintiff's contention that he has deleted emails for which he has not accounted.
Baker's testimony concerning the amount of spam he receives and the spam he deleted is insufficient to account for the large quantity of data that appears to have vanished.
Court is inclined to enter the proposed form of order lodged by Baker, or at least significant portions of it; however, there is a problem. An OSC re contempt must be specific as to the possible sanctions to be imposed if a party is found in contempt and needs to be specific as to the allegedly contemptuous conduct.
Court will need to issue a new form of OSC that sets forth possible sanctions that may be imposed. Discuss with parties form of that order.
Final Ruling for May 8, 2018:
See written order entered June 27, 2018.
Tentative Ruling for June 27, 2018:
Court has signed a simplified and streamlined version of the proposed order lodged by the plaintiff last week; however, inasmuch as the form of that order was disputed and it wasn't even signed until June 26, 2018, the court modified the deadlines set forth in that order to give defendant the same amount of time to comply as had been originally envisioned by the Court.
The new dates set forth in that order include restoration by July 27, 2018, filing of the compliance declaration by August 3, 2018, service of reply papers by August 10, 2018 and a hearing on the OSC on August 16, 2018 at 10:00 a.m.
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Accordingly, this hearing should be continued to (or set for) August 16, 2018 at 10:00 a.m.
Tentative Ruling for August 16, 2018:
Defendant has not filed an opposition or response to this Court's June 26, 2018 OSC (the "OSC") and has not filed the compliance declaration that was due August 3, 2018. Thus, defendant has not offered the court any evidence to support the conclusion that he restored the required data by July 27, 2018 or sent out the preservation notices by July 27, 2018 to the vendors and witnesses listed on attachments D and E of the OSC (or any of the other parties identified in paragraph 18(a) of the OSC). Nor has the defendant offered the Court any evidence to support the conclusion that he is unable to restore the required data.
Enter an order:
making the factual findings set forth in paragraphs 3(a) through (g) of the OSC;
holding defendant in civil contempt and imposing monetary sanctions against him in an amount sufficient to compensate plaintiff for the cost of bringing multiple motions designed to compel him to cooperate in discovery. (Has plaintiff filed a declaration authenticating attorneys' fee statements setting forth fees and costs attributable to this work?)
continuing the hearing on whether to refer defendant to the US Attorney for criminal prosecution until after the court has heard the report of the neutral expert;
continuing the hearing on whether to make a report and recommendation to the district court that defendant be held in criminal contempt until after the court has heard the report of the neutral expert;
appointing a neutral expert by entering an order substantially in the form attached as Exibit J to the OSC; and
making the findings set forth in paragraphs 12(a) through (i) of the OSC
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and prohibiting Baker from raising or contesting any of these findings or offering any evidence or argument contrary to these findings.
Final Ruling from August 16, 2018:
Having found that the defendant had failed to take various required steps, the Court entered an order on August 16, 2018, making certain findings of fact, prohibiting Baker from disputing these findings, allowing plaintiff his attorneys' fees and costs in an amount to be determined at a hearing scheduled for September 27, 2018, after giving the defendant an opportunity to review and respond to the amounts requested for which the court set a briefing schedule and directing the appointment of a neutral expert pursuant to a separate order entered September 6, 2018. Continued hearing on amount of fees and expenses set for September 27, 2018 at 2:00 p.m.
Tentative Ruling for September 27, 2018:
Overrule evidentiary objections. Disallow any additional reimbursement for preparing a reply brief. Defendant's opposition does not warrant a response. Baker has not objected to any of the specific fees or expenses requested by plaintiff and does not raise any arguments as to the reasonableness of the fees or expenses requested.
Disallow administrative fees of 3.5 percent. Court does not permit reimbursements to be calculated in this manner. Court will not reimburse for Bovitz and Spitzer's fees without a copy of that firm's billing statement, which does not appear to have been included in papers filed by plaintiff.
The Court having granted plaintiff's motions to compel discovery and having found that (1) defendant's conduct necessitated the bringing of multiple motions to compel discovery and to compel compliance with orders granting those motions; (2) movant attempted in good faith to obtain compliance before bringing these motions; (3) defendant's failure to respond to prior orders was not substantially justified; and (4) there are no other circumstances that would make it unjust for the court to impose plaintiff's costs for bringing and prosecuting these motions upon the defendant, pursuant to FRCP 37(1)(5), made applicable herein by FRBP 7037, allow costs of $686.46 and fees of $132,633.25.
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Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Pro Se
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
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Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 12-8-15, 2-9-16, 4-5-16, 5-10-16, 5-24-16, 5-31-16, 9-27-16, 11-15-16,
1-10-17, 3-14-17, 6-13-17, 6-27-17, 7-11-17, 10-31-17, 2-13-18, 3-13-18,
5-8-18, 6-27-18, 8-16-18
Docket 1
NONE LISTED -
Defendant's counsel should not handwrite documents to be filed with the Court. His writing is illegible.
Continue status conference to May 10, 2016 at 2:00 p.m. to be heard concurrently with related matters that will be on calendar for that date. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for May 31, 2016:
Revisit status of action after conclusion of related matters on calendar. 6/2/16 -- Court signed scheduling order setting following dates:
Cont'd status conference -- September 27, 2016 at 2:00 p.m. L/D to file joint status report -- September 13, 2016 Discovery cutoff -- September 30, 2016
L/D to lodge order appointing mediator -- June 17, 2016 Deadline to complete mediation -- September 27, 2016
7/6/16 -- court approved order appointing mediators.
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Tentative Ruling for September 27, 2016:
Plaintiff has filed a notice of inability to prepare joint status report. Where is the declaration required by LBR 7016-1(a)(3) that must be included whenever a party submits a unilateral status report? Why haven't the parties used the mandatory status report form required by LBR 7016-1(a)(2)? When counsel for plaintiff provided a draft status report that did not comply with the Local Bankruptcy Rules, why didn't counsel for the defendant file a unilateral report in compliance with LBR 7016-1(a)(3)?
Impose sanctions of $150 on counsel for each of the parties. Counsel for the plaintiff is urged to download a current version of the Court's local rules, as he is apparently relying on an outdated version of the rules. He should refer to the Court's website.
As a result, although there is a great deal of alleged information contained in plaintiff's filing, none of it is evidence and it does not address the issues that are supposed to be included in the status report.
Set continued status conference in approximately 30 to 45 days. Parties are to file the required joint status report form not less than two weeks prior to the continued status conference.
Tentative Ruling for March 14, 2017:
Revisit status of action after conclusion of hearing on matter no.101.
3/25/17 -- Court signed scheduling order setting following dates:
Cont'd status conference -- June 13, 2017 at 2:00 p.m. L/D to file joint status report -- May 30, 2017
L/D to designate experts and exchange reports -- May 15, 2017 L/D to exchange responsive reports -- June 12, 2017
5/26/17 -- Court granted motion to extend June 12 deadline to June 19 and continued status conference to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 13, 2017.
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6/12/17 -- Court approved stipulation continuing hearing to July 11, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 27, 2017.
Tentative Ruling for July 11, 2017:
Parties were to exchange expert witness reports. They did not need to file them. On May 16, 2017, Court reopened discovery for a period of 60 days from that date to permit the parties to conduct additional discovery related to the website www.baddocjjm.com. Are the parties on track to complete that discovery by July 15?
Set deadline for the completion of expert discovery. Has all other discovery been completed?
Set pretrial conference and deadline for lodging joint pretrial order. Discuss with parties form of proposed pretrial order.
8/15/17 -- Court approved scheduling order setting following dates: L/D to complete expert discovery -- September 15, 2017
Cont'd status conference -- October 31, 2017 at 2:00 p.m. L/D to file joint status report -- October 17, 2017
Tentative Ruling for October 31, 2017:
In light of court's rulings in related matters, when does plaintiff anticipate that he will be ready for trial.
2/6/18 -- Court approved stipulation continuing hearing to March 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Tentative Ruling for March 13, 2018:
Continue status conference to March 20, 2018 at 2:00 p.m. to be heard concurrently with motion on calendar for that date and time. Where is status report that should have been filed two weeks before status conference?
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APPEARANCES WAIVED ON MARCH 13, 2018.
Tentative Ruling for June 27, 2018:
Continue status conference to date of hearing on OSC (August 16, 2018 at 10:00 a.m.)
Tentative Ruling for August 16, 2018:
Revisit status of action after conclusion of hearing on OSC.
Tentative Ruling for September 27, 2018:
Continue status conference to a date after neutral expert should have filed his initial status report.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Pro Se
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
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MOVANT: UNION & GRATTAN PROPERTIES, LLC.
Docket 15
NONE LISTED -
CALL WITH MATTER NO. 3.
Court is confused. Debtor is an individual, not an LLC. Does debtor even have any interest in the property? Motion lists a prior bankruptcy filing by Ki
Y. Yang. What is the connection to this debtor or property, if any?
Motion does not contain any admissible evidence of value. If the movant needs relief from stay, continue hearing to give movant an opportunity to provide admissible evidence of value.
NOTE: The decision to grant a 1 percent interest to one party and a 99 percent interest to another does suggest bad faith, as does the debtor's listing an LLC as a DBA, perhaps in an effort to make it appear that the LLC has filed bankruptcy? However, the LLC is NOT in bankruptcy. Hence the question of whether there is an automatic stay here at all. Grant order denying relief from stay on the ground that the debtor, KWANG KIM, does not have any interest in the property, Brick Hospitality, LLC is not in bankruptcy, and the property is not protected by the automatic stay.
Debtor(s):
Kwang T Kim Pro Se
10:00 AM
Movant(s):
Union & Grattan Properties, LLC Represented By
William W Kim
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
fr. 5-29-18, 1-31-17, 3-28-17, 4-11-17, 6-6-17, 9-12-17, 12-19-17, 1-9-18,
2-13-18, 6-5-18, 7-31-18
Docket 1
9/20/18 - Randi Pinckes, (949)748-7480, has been approved for telephonic appearance on 9/27/18 @ 2pm
1/18/2017 -- Court approved stipulation continuing defendant's response date to March 20, 2017 and continuing status conference to March 28, 2017 at
2:00 p.m. OFF CALENDAR FOR JANUARY 31, 2017.
Tentative Ruling for March 28, 2017:
Continue status conference to April 11, 2017 at 2:00 p.m. to be heard concurrently with motion to dismis. OFF CALENDAR FOR MARCH 28, 2017.
Tentative Ruling for April 11, 2017:
Set deadline for defendants to file an answer to the existing complaint. Continue status conference approximately 60 to 90 days.
Final Ruling for April 11, 2017:
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Continue status conference to June 6, 2017 at 2:00 p.m. Parties will file a joint status report by May 23, 2017. Defendant must file and serve an answer to complaint by May 12, 2017.
Tentative Ruling for June 6, 2017:
According to the status report, defendant plans to bring a motion for summary judgment/partial summary adjudication of issues? Would this motion raise the same arguments that were advanced in the motion to dismiss that the court previously denied, offering the following tentative ruling:
Deny motion. The only assets that were sold to John Shieh were the specific assets identified on Exhibit A to the motion and the order granting the motion. No avoiding power claims were sold. Neither were any of the assets that the trustee alleges in the complaint were fraudulently transferred. The good faith finding relates only to the specific transaction that was the subject of the motion. The trustee never requested -- and the court never made -- a finding that the defendants had acted in good faith in connection with any other events or transactions.
There is no statute of limitations problem. The trustee is not attempting to set aside the sale. He is attempting to prosecute an avoiding power action and may file such an action before the later of 2 years after the entry of the order for relief or 1 year after the appointment of the trustee. The case was filed on January 29, 2015. This adversary proceeding was filed on November 30, 2016. That is well within two years after the commencement of the case.
Order parties to complete a day of mediation prior to date of continued status conference.
6/13/17 -- Court approved scheduling order setting following dates:
Cont'd status conference -- September 12, 2017 at 2:00 pm L/D to file joint status report -- August 29, 2017
L/D to complete discovery -- October 31, 2017
2:00 PM
L/D to complete mediation -- September 12, 2017
L/D to lodge order appointing mediators -- June 30, 2017 7/5/17 -- Court signed order appointing mediators.
Tentative Ruling for September 12, 2017:
According to status report, parties were scheduled to attend mediation before Jason Wallach on September 6. Did the mediation go forward on that date? Were they able to resolve this matter? Hearing required.
9/14/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- December 19, 2017 at 2:00 p.m.
L/D to file joint status report -- December 5, 2017 L/D to complete discovery -- December 29, 2017
Tentative Ruling for December 19, 2017:
The parties report having participated in mediation with Jason Wallach on September 6, 2017, yet they ask in the status report that the matter be sent to mediation. What are they requesting at this point? Did the parties want to utilize the services of another mediator or to return to Mr. Wallach? Have they discussed with him whether he would charge for the continued mediation?
Are the parties on track to complete their discovery by December 29? Hearing required.
12/20/17 -- Court signed scheduling order continuing status conference to January 9, 2018 at 2:00 p.m., waiving the requirement of a joint status report for that conference and extending the discovery cutoff to March 31, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar.
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2/15/18 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 29, 2018 at 2:00 pm Discovery cutoff -- May 31, 2018
L/D to file joint status report -- May 15, 2018
5/15/18 -- Court approved stipulation continuing hearing to June 5, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 29, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for June 5, 2018:
Court is confused. Defendants have included a demand for a jury trial in their joint status report. The last pleading filed in this case directed to the issues for which the defendants seek to preserve a right to jury trial was filed in May of 2017. Therefore, if defendants ever had a right to a jury trial, if this request is defendants' first demand for a jury, it is untimely. (See FRBP 9015, incorporating FRCP 38(b) and FRCP 38(b)(1)).
Status report makes reference to possible motions for summary judgment/summary adjudication. Set deadline for filing of such motions and continue status conference to a date that may be used as date of hearing on such motion(s).
Tentative Ruling for September 27, 2018:
Have the settlement documents been signed? Has an escrow been opened? Does it appear likely that the first payment will be made by October 1, 2018? Hearing required.
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By
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J Scott Bovitz
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By John P Kreis
Caroline Su Kyu Shieh Represented By John P Kreis
Christopher Shieh Represented By John P Kreis
Benjamin Shieh Represented By John P Kreis
Patricia Shieh Armijo Represented By John P Kreis
Cesar Fernando Castro Represented By John P Kreis
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
2:00 PM
Adv#: 2:18-01230 Brubaker v. Firstmark Access Group et al
Docket 9
9/20/18 - Scott Schiff, (310)276-2026 x 204, has been approved for telephonic appearance on 9/27/18 @ 2pm
9/20/18 - Lisa Brubaker, (917)450-4018, has been approved for telephonic appearance on 9/27/18 @ 2pm
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Lisa Nicole Brubaker Pro Se
Defendant(s):
Firstmark Access Group Pro Se
Nelnet Loan Service Inc Pro Se Deutsche Bank ELT Access Group Pro Se American Student Loan Assistance Pro Se Educational Credit Management Represented By
Scott A Schiff
Movant(s):
Educational Credit Management Represented By
2:00 PM
Scott A Schiff
Plaintiff(s):
Lisa Nicole Brubaker Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:17-01522 Jeffrey J. Bitetti, individually and as Trustee of v. Bren
Docket 10
NONE LISTED -
Although the Court shares plaintiff's view that the language of the stipulated judgment is sufficient to make the allegations of the state court complaint into the legal equivalent of findings of fact and conclusions of law and that the stipulated judgment should be treated as if each and every cause of action had been litigated on the merits, alter ego liability is insufficient to give rise to nondischargeable liability. (Court also agrees that there is no problem with a prepetition waiver of anything here. Debtors can stipulate to facts that will give rise to nondischargeable liability.)
Are there sufficient allegations in the complaint as to what debtor himself personally did (and not his alter ego Bacchus) to give rise to nondischargeable liability under the various theories of section 523? If not, or if it is not entirely clear, court will need to deny summary judgment and adjudicate these issues.
It appears from the Court's review that the only cause of action in which the debtor himself is described as the actor who personally committed the wrongful conduct is the claim for actual fraud fraudulent transfer. It is true that the Husky case held that, in an instance in which the transferor can be held liable under applicable nonbankruptcy law for an actual fraud fraudulent transfer, that liability may be nondischargeable under section 523(a)(2)(A), but, here, there is no applicable statute that imposes liability on the transferor. Debtor would only have liability under this theory to the extent that he is also a transferee of the property in question. The complaint alleges generally in
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paragraph 54 that Bren and the DOE Directors approved the transactions and transferred assets of Bacchus to Bren, the DOE Directors and the other DOE Defendants, but there are no specific findings as to the amount or value of any of the assets that Bren himself received. And the amount of any recovery against Bren under this theory would be capped at the value of the assets that Bren received (or the amount that the plaintiff could have recovered but for the transfers to Bren). There are no findings that address this issue.
Deny motion. (Court will not permit defendant to relitigate anything that is actually alleged in the state court complaint, as these are now the equivalent of findings, but there are gaps in the information that the court needs to know how much nondischargeable liability to impose on defendant.)
9/25/18 -- Court approved stipulation continuing hearing to October 9, 2018 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 27, 2018.
Debtor(s):
Steven M Bren Represented By Robert S Altagen
Defendant(s):
Steven M. Bren Represented By Robert S Altagen
Movant(s):
Jeffrey J. Bitetti, individually and as Represented By
Roger F Friedman
Plaintiff(s):
Jeffrey J. Bitetti, individually and as Represented By
Roger F Friedman
Trustee(s):
Howard M Ehrenberg (TR) Represented By Leonard M Shulman
2:00 PM
Ryan D ODea
2:00 PM
Adv#: 2:17-01522 Jeffrey J. Bitetti, individually and as Trustee of v. Bren
fr. 1-9-18, 4-10-18, 6-26-18
Docket 1
NONE LISTED -
Revisit status of action after conclusion of hearing on motion for summary judgment.
9/25/18 -- Court approved stipulation continuing hearing to October 9, 2018 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 27, 2018.
Debtor(s):
Steven M Bren Represented By Robert S Altagen
Defendant(s):
Steven M. Bren Represented By Robert S Altagen
Plaintiff(s):
Jeffrey J. Bitetti, individually and as Represented By
Roger F Friedman
2:00 PM
Trustee(s):
Howard M Ehrenberg (TR) Represented By Leonard M Shulman Ryan D ODea
10:00 AM
MOVANT: WELLS FARGO BANK, NA
Docket 9
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Kristin Leigh Walker Represented By Sanaz S Bereliani
Movant(s):
Wells Fargo Bank, N.A. dba Wells Represented By
Jennifer H Wang
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: STEVEN NG
Docket 15
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Christine Lee Pro Se
Movant(s):
Steven Ng Represented By
Carol G Unruh
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: ATTESSA PROPERTIES
Docket 12
10/2/18 - Jason Rund, (310) 640-1200, has been approved for telephonic appearance on 10/2/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Lucie Idleman Represented By Suzette Douglas
Movant(s):
Attessa Properties Represented By Sharon Y Adams
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. Has debtor filed motion for authority to use cash collateral? If not, why not? Has debtor been paying expenses in the interim? Debtor has proposed August 15 as the deadline for filing a plan. What has to happen before debtor will be in a position to file a plan? Hearing required.
3/19/18 -- Court signed order setting following dates:
Cont'd status conference -- June 13, 2018 at 11:00 a.m. L/D to serve notice of bar date -- March 21, 2018
Bar date -- May 31, 2018
L/D to file joint status report -- June 5, 2018
L/D to file plan and disclosure statement -- June 29, 2018
Tentative Ruling for June 13, 2018:
Set deadline for debtor to file either objection to claim filed by first trust deed holder or adversary proceeding against first trust deed holder. Continue status conference to date that can be used as date of hearing on disclosure statement.
Final Ruling for June 13, 2018:
Continue case status conference to August 1, 2018 at 11:00 a.m. Debtor should file updated status report by July 30, 2018 and plan and disclosure
2:00 PM
statement by September 17, 2018. Debtor should file either adversary proceeding or claim objection with regard to bank's claim not later than July 13, 2015. (Court later extended that date to August 3, 2018 in response to debtor's motion by order entered July 17, 2018.)
Tentative Ruling for August 1, 2018:
Debtor in her status report states that she is currently preparing an adversary proceeding against Center Street Lending for the purpose of determining the correct amount of the balance due under the loan. Continue status conference to date of status conference in that new action.
Tentative Ruling for October 2, 2018:
This case is going nowhere until debtor files her adversary proceeding against her lender. Did debtor file the adversary proceeding by the September 28 deadline? If not, convert case to chapter 7. If so, continue case status conference to date of status conference in adversary proceeding.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
2:00 PM
Adv#: 2:16-01417 Menchaca et al v. Clayton Group Inc. et al
Clayton Group Inc., Timothy Duffy
fr. 11-15-16, 6-6-17, 7-11-17, 10-3-17, 1-30-18, 3-20-18, 6-5-18, 8-7-18
Docket 1
9/25/18 - Steven Shapero, (818)710-1200, has been approved for telephonic appearance on 10/2/18 @ 2pm
Tentative Ruling for February 14, 2017:
The amended complaint was filed back in October. Why haven't all defendants been served? (There is no proof of service on docket.)
Hearing required.
Final Ruling for February 14, 2017:
Continue status conference to June 6, 2017 at 2:00 p.m. Parties should file joint status report by May 23, 2017. Trustee and Main Credit will be amending complaint again to add Main Credit as plaintiff, make a few corrections and add a party.
Tentative Ruling for June 6, 2017:
In status report, trustee states that plaintiff will have filed a motion to substitute Main Credit as the plaintiff by the date of the status conference. Has this occurred?
Tentative Ruling for July 11, 2017:
2:00 PM
Deadline to file/serve response to complaint was July 7, 2017. Clayton Group has filed an answer. Has Timothy Duffy? If not, set deadline for filing request for entry of default and default judgment motion.
How long do the parties anticipate that they will need to complete discovery? Does either/any party anticipate filing any pretrial motions? Should this matter be sent to mediation? Hearing required.
7/14/17 -- Court signed scheduling order setting dicovery cutoff for December 29, 2017 and continued status conference for October 3, 2017 at 2:00 p.m.
Parties shall file joint status report not later than September 19, 2017.
Tentative Ruling for October 3, 2017:
According to the status report, the parties anticipate that they will be done with discovery by January 31, 2018. Are the parties requesting an extension of the discovery cutoff? Hearing required.
10/12/17 -- Court approved scheduling order with following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018 L/D to complete mediation -- January 30, 2018
L/D to lodge order appointing mediator -- October 30, 2017 Discovery cutoff extended to January 31, 2018
Tentative Ruling for January 30, 2018:
Have the parties now completed their day of mediation? If not, why not? If the matter has not settled, continue discovery cutoff to March 15, 2018.
Discuss with parties timing for any contemplated motions for summary judgment or adjudication.
2/5/18 -- Court approved scheduling order with following dates: Cont'd status conference -- March 20, 2018 at 2:00 p.m.
2:00 PM
L/D to file joint status report -- March 13, 2018 L/D to complete mediation -- March 20, 2018 Discovery cutoff extended to March 15, 2018
Tentative Ruling for March 20, 2018:
Mediator reports that matter settled. Discuss with parties procedures for obtaining approval of proposed settlement.
Tentative Ruling for June 5, 2018:
Court has not been able to locate any recent filings -- no 9019 motion, no stipulation, no status report. What, if anything, has happened in this matter since the last status conference? Hearing required.
Tentative Ruling for August 7, 2018:
Plaintiff has filed motion for approval of compromise on July 27, 2018. Continue status conference to October 2, 2018 at 2:00 p.m. to give court an opportunity to process compromise motion. APPEARANCES WAIVED ON AUGUST 7, 2018.
Tentative Ruling for October 2, 2018:
Declaration that no party objected to compromise motion was just filed on September 26, 2018. Discuss with parties structure of proposed compromise and what will become of adversary proceeding. (Court approved compromise on September 28, 2018.)
Debtor(s):
RestoreGroup, Corp. Represented By Steven R Fox
Defendant(s):
Clayton Group Inc. Represented By Steven J Shapero
2:00 PM
Timothy Duffy Pro Se
Plaintiff(s):
John J. Menchaca Represented By David G Jimenez
Main Credit Corp as Successor to Represented By
David G Jimenez
Trustee(s):
John J Menchaca (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
Adv#: 2:15-01648 Main Credit Corp v. Kibby et al
fr. 2-2-16, 4-26-16, 7-19-16, 10-18-16, 1-31-17, 5-16-17, 8-29-17, 10-3-17,
1-30-18, 3-20-18, 6-5-18, 8-7-18
Docket 1
9/25/18 - Steven Shapero, (818)710-1200, has been approved for telephonic appearance on 10/2/18 @ 2pm
What is defendant's position with regard to mediation? Hearing required. 2/14/17 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 16, 2017 at 2:00 p.m. L/D to file and serve joint status report -- May 2, 2017 L/D to conduct discovery -- October 31, 2017
Tentative Ruling for May 16, 2017:
Continue status conference to August 29, 2017 at 2:00 p.m. Parties shall file updated status report not later than August 15, 2017. APPEARANCES WAIVED ON MAY 16, 2017.
7/11/17 -- At a hearing held this date in a related adversary proceeding, the
2:00 PM
Court continued this status conference to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 29, 2017. NO APPEARANCE REQUIRED.
Tentative Ruling for October 3, 2017:
According to the status report, the parties anticipate that they will be done with discovery by December 31, 2018. Are the parties requesting an extension of the discovery cutoff? Discuss with the parties whether this is an appropriate matter to be sent to mediation.
10/12/17 -- Court approved scheduling order with following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018 L/D to complete mediation -- January 30, 2018
L/D to lodge order appointing mediator -- October 30, 2017 Discovery cutoff extended to January 31, 2018
Tentative Ruling for January 30, 2018:
Have the parties now completed their day of mediation? If not, why not? If the matter has not settled, continue discovery cutoff to March 15, 2018.
Discuss with parties timing for any contemplated motions for summary judgment or adjudication.
2/5/18 -- Court approved scheduling order with following dates: Cont'd status conference -- March 20, 2018 at 2:00 p.m.
L/D to file joint status report -- March 13, 2018 L/D to complete mediation -- March 20, 2018 Discovery cutoff extended to March 15, 2018
Tentative Ruling for March 20, 2018:
Mediator reports that matter settled. Discuss with parties procedures for obtaining approval of proposed settlement.
2:00 PM
Tentative Ruling for June 5, 2018:
Court has not been able to locate any recent filings -- no 9019 motion, no stipulation, no status report. What, if anything, has happened in this matter since the last status conference? Hearing required.
Tentative Ruling for August 7, 2018:
Plaintiff has filed motion to abandon claims on July 30, 2018. Continue status conference to October 2, 2018 at 2:00 p.m. to give court an opportunity to process motion. APPEARANCES WAIVED ON AUGUST 7, 2018.
Tentative Ruling for October 2, 2018:
Declaration that no party objected to compromise motion was just filed on September 26, 2018. Discuss with parties structure of proposed compromise and what will become of adversary proceeding. (Court approved compromise on September 28, 2018.)
Debtor(s):
Charles Clayton Kibby Represented By Jeffrey J Hagen Steven J Shapero
Defendant(s):
Charles Clayton Kibby Represented By Steven J Shapero David G Jimenez
RestoreGroup, Corp. Represented By Steven J Shapero David G Jimenez
Clayton Group Inc Represented By Steven J Shapero
2:00 PM
David G Jimenez
CGI Preservation Represented By Steven J Shapero David G Jimenez
Plaintiff(s):
Main Credit Corp Represented By David G Jimenez
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:16-01137 Ghoulian et al v. Omrani
fr. 5-24-16, 8-30-16, 1-24-17, 4-25-17, 8-15-17, 1-9-18, 1-23-18, 5-15-18,
7-31-18
Docket 1
NONE LISTED -
Set discovery cutoff for end of August. When does plaintiff anticipate being in a position to file motion for summary judgment or partial summary adjudication?
5/26/16 -- Court approved scheduling order setting discovery cutoff of August 31, 2016.
6/14/16 -- Court approved stipulation adding trustee as co-plaintiff.
Tentative Ruling for August 30, 2016:
Set discovery cutoff for approximately 60 days and deadline for filing contemplated motion for summary judgment for approximately 30 days thereafter.
8/31/16 -- Court approved scheduling order setting following dates: Continued status conference -- January 24, 2017 at 2:00 p.m.
L/D to file joint status report -- January 10, 2017
L/D for plaintiff to file and serve motion for partial summary judgment --
2:00 PM
November 29, 2016
Hearing on motion -- January 24, 2017 at 2:00 p.m. L/D to complete discovery -- October 31, 2016.
Tentative Ruling for August 15, 2017:
Revisit status of action after conclusion of related matter on calendar.
11/13/17 -- court approved stipulation continuing hearing to January 23, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 9, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 23, 2018:
Court waived requirement of a joint status report. What is the status of this matter? Hearing required.
1/26/18 -- Court signed scheduling order setting following dates: Pretrial conference -- May 15, 2018 at 2:00 p.m.
L/D to lodge joint pretrial order -- May 1, 2018 Deadline for completion of mediation -- May 15, 2018
L/D to lodge order appointing mediator -- February 16, 2018 2/2/18 -- court approved order appointing mediators.
Tentative Ruling for May 15, 2018:
Many of the agreed facts recited are incomprehensible. Most have typographical errors. The list of disputed facts contains evidentiary facts that are not the actual facts at issue here. Some of the legal issues are irrelevant or misstated. In short, much of the proposed pretrial order is a mess.
Discuss options with the parties for proceeding with this action.
6/22/18 -- Court approved stipulation continuing pretrial conference to October 2, 2018 at 2:00 p.m. OFF CALENDAR FOR JULY 31, 2018.
2:00 PM
9/11/18 -- Court approved stipulation continuing pretrial conference to November 6, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
Defendant(s):
Mike Omrani Represented By
Stella A Havkin
Plaintiff(s):
Hertzel Ghoulian Represented By Michael F Frank
Rosendo Gonzalez (TR) Represented By Michael F Frank
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:16-01477 Wipranik v. Marome et al
fr. 1-3-17, 4-4-17, 6-27-17, 8-29-17, 10-3-17, 2-6-18, 4-10-18,8-14-18
Docket 1
NONE LISTED -
Revisit status of action after conclusion of hearing on motion to dismiss.
2/13/17 -- Court signed order extending deadline to file amended complaint until February 11, 2017. Responses shall be filed and served by March 8, 2017. Any hearing on a motion to dismiss shall be set for April 4, 2017 at 2:00 p.m.
6/19/17 -- Court signed order appointing mediators.
Tentative Ruling for June 27, 2017:
Have the parties now completed their initial exchanges under Rule 7026? If not, why not? Hearing required.
Tentative Ruling for August 29, 2017:
Parties are scheduled to attend mediation on August 31, 2017. Continue status conference to October 3, 2017. Appearances waived on August 29, 2017 on this matter.
Tentative Ruling for October 3, 2017:
2:00 PM
What is the status of this matter? Did the parties attend a mediation on August 31, 2017? Hearing required.
1/30/18 -- Court approved stipulation continuing hearing to April 10, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 6, 2018.
Tentative Ruling for April 10, 2018:
Set discovery cutoff for approximately 90 days. Set deadline for filing pretrial motions and pretrial conference.
4/16/18 -- Court approved scheduling order with following dates: Pretrial conference -- August 14, 2018 at 2:00 p.m.
L/D to lodge joint pretrial order -- July 31, 2018 Discovery cutoff -- July 20, 2018
L/D to file pretrial motions -- July 31, 2018
7/27/18 -- Court approved stipulation setting the following continued dates: Pretrial conference -- October 2, 2018 at 2:00 p.m.
L/D to lodge joint pretrial order -- September 18, 2018 L/D to file pretrial motions -- September 18, 2018 Mediation date -- August 10, 2018
9/4/18 -- Court approved settlement and dismissed action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Herzl Ben Marome Represented By Shai S Oved
Leslie Richards - SUSPENDED BK -
2:00 PM
Defendant(s):
Herzl Ben Marome Represented By Shai S Oved
Does 1 Through 10 Inclusive Pro Se
Plaintiff(s):
Yona Wipranik Represented By Stella A Havkin
Trustee(s):
John J Menchaca (TR) Represented By
M Douglas Flahaut Sevan Gorginian Aram Ordubegian
Christopher K.S. Wong
2:00 PM
Adv#: 2:18-01072 Groomes-Love v. WELLS FARGO BANK, N.A.
fr. 5-15-18, 6-26-18, 7-31-18
Docket 1
NONE LISTED -
4/23/18 -- Court approved stipulation continuing hearing to June 26, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 15, 2018. NO APPEARANCE REQUIRED.
5/15/18 -- Court approved stipulation extending deadline to respond to complaint to June 15, 2018 and continuing status conference to July 31, 2018
at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
6/13/18 -- Court approved stipulation extending deadline to respond to complaint to August 14, 2018 and continuing status conference to October 2, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Tentative Ruling for October 2, 2018:
Set discovery cutoff for March, 2019. Why don't the parties want this matter sent to mediation? Hearing required.
Debtor(s):
Philis Groomes-Love Represented By Philip D Dapeer
2:00 PM
Defendant(s):
WELLS FARGO BANK, N.A. Represented By Dean G Rallis Jr Matthew J Pero
Plaintiff(s):
Philis Groomes-Love Represented By Philip D Dapeer
2:00 PM
Adv#: 2:18-01127 LB Global, Inc v. Park
Dba Bulgogi Hut,a California Corporation against Young Keun Park fr. 6-26-18
Docket 1
NONE LISTED -
Set deadline for plaintiff to file motion for entry of default judgment. Continue status conference to coincide with hearing on default judgment motion. Status report says that plaintiff's motion for attorneys' fees is set for November 27, 2018. What does this mean? What motion for attorneys' fees? Hearing required.
Debtor(s):
Young Keun Park Pro Se
Defendant(s):
Young Keun Park Pro Se
Plaintiff(s):
LB Global, Inc Represented By Martin R Berman
Trustee(s):
Elissa Miller (TR) Represented By Annie Y Stoops Aram Ordubegian
2:00 PM
Arent Fox
2:00 PM
Adv#: 2:17-01322 Ningbo Kuangfeng International Trade Co., LTD., a v. Chunming LI
Docket 34
NONE LISTED -
Has counsel notified plaintiffs in writing that they will not be able to appear in this action without counsel? Hearing required.
Debtor(s):
Chunming Li Represented By
Maria W Tam
Defendant(s):
Chunming LI Represented By
Maria W Tam
Movant(s):
Ningbo Kuangfeng International Represented By
Peiwen Chang Maria W Tam
Ningbo Yongjie International Co., Represented By
Peiwen Chang Maria W Tam
Ningbo ETDZ Huixing Trade Co., Represented By
Peiwen Chang Maria W Tam
2:00 PM
Plaintiff(s):
Ningbo Kuangfeng International Represented By
Peiwen Chang Maria W Tam
Ningbo Yongjie International Co., Represented By
Peiwen Chang Maria W Tam
Ningbo ETDZ Huixing Trade Co., Represented By
Peiwen Chang Maria W Tam
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:17-01322 Ningbo Kuangfeng International Trade Co., LTD., a v. Chunming LI
#208.00 Status Conference re: 41 (Objection / revocation of discharge - 727(c),(d),(e)))
(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) ,(66 (Dischargeability - 523(a)(1),(14),(14A) priority tax claims)) ,(14 (Recovery of money/property - other)) Complaint by Ningbo Kuangfeng International Trade Co., LTD., a Chinese Corporation , Ningbo Yongjit International Co., LTD., a Chinese Corporation , Ningbo ETDZ Huixing Trade Co., LTD., a Chinese Corporation against Chunming LI
fr. 8-15-17, 10-3-17, 12-19-17, 2-27-18, 6-26-18
Docket 1
10/23/17 - Amended Second Complaint filed.
8/1/17 -- Court approved stipulation permitting plaintiff to file amended complaint and continuing status conference to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 15, 2017. NO APPEARANCE REQUIRED.
Revisit status of case after conclusion of hearing on motion to dismiss.
Tentative Ruling for December 19, 2017:
Second amended complaint and answer have been filed. No motion to dismiss was filed. How long do the parties anticipate that they will require to conduct discovery? Hearing required.
Tentative Ruling for February 27, 2018:
Do the parties still anticipate that the state court trial will proceed on May 23? Hearing required.
Tentative Ruling for June 26, 2018:
2:00 PM
Continue hearing to October 2, 2018 at 2:00 p.m. Parties should file joint status report two weeks prior to continued status conference. Waive appearances on June 26, 2018.
Tentative Ruling for October 2, 2018:
Trial in state court is currently set for December 5, 2018. Continue status conference to a date by which the trial should have been completed.
Debtor(s):
Chunming Li Represented By
Maria W Tam
Defendant(s):
Chunming LI Represented By
Maria W Tam
Plaintiff(s):
Ningbo Kuangfeng International Represented By
Peiwen Chang Maria W Tam
Ningbo Yongjie International Co., Represented By
Peiwen Chang Maria W Tam
Ningbo ETDZ Huixing Trade Co., Represented By
Peiwen Chang Maria W Tam
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:18-01023 Cunjak v. Garcia
fr. 7-17-18
Docket 10
NONE LISTED -
Local Bankruptcy Rule 7026-1(c) provides as follows:
General. Unless excused from complying with this rule by order of the court for good cause shown, a party must seek to resolve any dispute arising under FRBP 7026-7037 or FRBP 2004 in accordance with this rule.
Meeting of Counsel. Prior to the filing of any motion relating to discovery, counsel for the parties must meet in person or by telephone in a good faith effort to resolve a discovery dispute. It is the responsibility of counsel for the moving party to arrange the conference. Unless altered by agreement of the parties or by order of the court for cause shown, counsel for the opposing party must meet with counsel for the moving party within 7 days of service upon counsel of a letter requesting such meeting and specifying the terms of the discovery order to be sought.
2:00 PM
Continue hearing to give parties a (further) opportunity to comply with this local rule.
9/18/18 -- Court approved stipulation continuing hearing to November 27, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Debtor(s):
Joseph Michael Garcia Represented By John Asuncion
Defendant(s):
Joseph Michael Garcia Represented By Sevan Gorginian
Movant(s):
Michael Cunjak Represented By Sanaz S Bereliani
Plaintiff(s):
Michael Cunjak Represented By Sanaz S Bereliani
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01023 Cunjak v. Garcia
Complaint by Michael Cunjak against Joseph Michael Garcia fr. 4-3-18, 7-17-18
Docket 1
NONE LISTED -
Set discovery cutoff for late July, 2018 and continue status conference to approximately same time frame.
4/9/18 -- Court approved scheduling order setting following dates: Cont'd status conference -- July 17, 2018 at 2:00 p.m.
L/D to file joint status report -- July 3, 2018 L/D to conduct discovery -- July 31, 2018
Tentative Ruling for July 17, 2018:
Continue status conference to date of continued hearing on discovery motion. Continue discovery cutoff in the interim.
9/12/18 -- Court signed order extending discovery cutoff to October 31, 2018.
9/18/18 -- Court approved stipulation continuing hearing to November 27, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Debtor(s):
Joseph Michael Garcia Represented By John Asuncion
2:00 PM
Defendant(s):
Joseph Michael Garcia Represented By Sevan Gorginian
Plaintiff(s):
Michael Cunjak Represented By Sanaz S Bereliani
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01220 Stillwater Liquidating LLC v. Degma Investing, LLC et al
Docket 21
NONE LISTED -
The parties have stipulated that the motion to dismiss "shall be adjourned to a date to be mutually agreed upon by the Parties and convenient for the Court during the week of November 12, 2018, with such date to be set at the hearing on the remand motion and the venue motion.
Continue hearing to October 16, 2018 at 2:00 p.m. as a holding date, at which point, the court will further continue this hearing. APPEARANCES WAIVED ON OCTOBER 2, 2018.
Defendant(s):
Degma Investing, LLC Represented By Abigail V O'Brient
The Parking Mall, L.L.C. Represented By Abigail V O'Brient
LTAP1, LLC Represented By
Abigail V O'Brient
SDC Remainder LLC Represented By Abigail V O'Brient
G.M.A. Industrial Corp. Represented By Abigail V O'Brient
Mark Buntzman Pro Se
2:00 PM
Movant(s):
Degma Investing, LLC Represented By Abigail V O'Brient
The Parking Mall, L.L.C. Represented By Abigail V O'Brient
LTAP1, LLC Represented By
Abigail V O'Brient
SDC Remainder LLC Represented By Abigail V O'Brient
G.M.A. Industrial Corp. Represented By Abigail V O'Brient
Plaintiff(s):
Stillwater Liquidating LLC Represented By Tony Tootell
2:00 PM
Adv#: 2:18-01220 Stillwater Liquidating LLC v. Degma Investing, LLC et al
fr. 8-28-18
Docket 15
NONE LISTED -
8/3/18 -- Court approved stipulation continuing hearing to October 2, 2018 at 2:00 p.m. OFF CALENDAR FOR AUGUST 28, 2018.
9/12/18 -- Court approved stipulation continuing hearing to October 16, 2018 at 2:00 p.m. and moving related dates. OFF CALENDAR FOR OCTOBER 2, 2018.
Defendant(s):
Degma Investing, LLC Represented By Abigail V O'Brient
The Parking Mall, L.L.C. Represented By Abigail V O'Brient
LTAP1, LLC Represented By
Abigail V O'Brient
SDC Remainder LLC Represented By Abigail V O'Brient
G.M.A. Industrial Corp. Represented By Abigail V O'Brient
Mark Buntzman Pro Se
2:00 PM
Movant(s):
Degma Investing, LLC Represented By Abigail V O'Brient
The Parking Mall, L.L.C. Represented By Abigail V O'Brient
LTAP1, LLC Represented By
Abigail V O'Brient
SDC Remainder LLC Represented By Abigail V O'Brient
G.M.A. Industrial Corp. Represented By Abigail V O'Brient
Plaintiff(s):
Stillwater Liquidating LLC Represented By Tony Tootell
2:00 PM
Adv#: 2:18-01220 Stillwater Liquidating LLC v. Degma Investing, LLC et al
Docket 34
NONE LISTED -
9/12/18 -- Court approved stipulation continuing hearing to October 16, 2018 at 2:00 p.m. and moving related dates. OFF CALENDAR FOR OCTOBER 2, 2018.
Defendant(s):
Degma Investing, LLC Represented By Abigail V O'Brient
The Parking Mall, L.L.C. Represented By Abigail V O'Brient
LTAP1, LLC Represented By
Abigail V O'Brient
SDC Remainder LLC Represented By Abigail V O'Brient
G.M.A. Industrial Corp. Represented By Abigail V O'Brient
Mark Buntzman Pro Se
Movant(s):
Stillwater Liquidating LLC Represented By Tony Tootell
2:00 PM
Plaintiff(s):
Stillwater Liquidating LLC Represented By Tony Tootell
2:00 PM
Adv#: 2:18-01220 Stillwater Liquidating LLC v. Degma Investing, LLC et al
fr. 8-28-18
Docket 1
NONE LISTED -
7/16/18 -- Court approved stipulation extending defendants' time to respond to complaint to July 23, 2018.
8/3/18 -- Court approved stipulation continuing hearing to October 2, 2018 at 2:00 p.m. OFF CALENDAR FOR AUGUST 28, 2018.
9/12/18 -- Court approved stipulation continuing hearing to October 16, 2018 at 2:00 p.m. and moving related dates. OFF CALENDAR FOR OCTOBER 2, 2018.
Defendant(s):
Degma Investing, LLC Represented By Abigail V O'Brient
The Parking Mall, L.L.C. Represented By Abigail V O'Brient
LTAP1, LLC Represented By
Abigail V O'Brient
SDC Remainder LLC Represented By Abigail V O'Brient
2:00 PM
G.M.A. Industrial Corp. Represented By Abigail V O'Brient
Mark Buntzman Pro Se
Plaintiff(s):
Stillwater Liquidating LLC Represented By Tony Tootell
2:00 PM
Adv#: 2:16-01349 Lite Solar Corp. v. KAMANA O'KALA, LLC et al
fr. 10-4-16, 1-24-17, 3-29-17, 6-7-17, 8-15-17, 9-7-17, 11-29-17, 1-10-18,
4-25-18, 8-1-18
Docket 1
10/2/18 - Leslie Cohen, (310)394-5900, has been approved for telephonic appearance on 10/2/218 @ 2pm
Final Ruling from October 4, 2016:
Set discovery cutoff of March 1, 2017. Continue status conference to January 24, 2017 at 2:00 p.m. Parties are to file joint status report by January 10, 2017.
Tentative Ruling for January 24, 2017:
Have discovery responses been received? Has the Oregon district court ruled on the transfer and remand motions?
Hearing required.
1/25/17 -- Court signed scheduling order continuing discovery cutoff to April 17, 2017.
3/16/17 -- Court signed scheduling order continuing discovery cutoff to May 31, 2017.
Tentative Ruling for March 29, 2017:
2:00 PM
Discuss with parties what should become of this litigation if the district court accepts the recommendation of the magistrate judge and remands the related litigation to Oregon state court?
5/3/17 -- Court approved stipulation continuing hearing to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 7, 2017:
What is the status of this matter? What progress has been made toward consolidating the various pending actions among the parties?
8/3/17 -- Court granted unilateral motion for a continuance and continued hearing on Anti-SLAPP motion to September 7, 2017 at 10:00 a.m. Court continued status conference to same date and time in that order. OFF CALENDAR FOR AUGUST 15, 2017.
8/4/17 -- Court approved stipulation extending discovery cutoff to October 31, 2017.
Tentative Ruling for September 7, 2017:
Revisit status of case after conclusion of hearing on related matters.
11/1/17 -- Court granted ex parte motion continuing discovery cutoff to January 1, 2018.
Tentative Ruling for November 29, 2017:
What, if anything, has transpired since the last status conference? Is defendant Schellerup still in bankruptcy? Hearing required.
Tentative Ruling for April 25, 2018:
The court waived the requirement that an updated status report be filed. What is the status of this matter? What, if anything, has happened since last
2:00 PM
status conference? Hearing required.
Tentative Ruling for August 1, 2018:
Court has reviewed status report from Schellerup in which he offers to repay amounts due he debtor based on Schellerup's failure to comply with directions given by counsel over time. What, if anything, has transpired since last status conference. How does plaintiff intend to proceed with regard to matters referenced in Schellerup's status report.
Tentative Ruling for October 2, 2018:
Are the defendants still in bankruptcy? What does debtor/plaintiff intend to do with this adversary proceeding?
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
KAMANA O'KALA, LLC Represented By SreeVamshi C Reddy
Patrick Schellerup Represented By SreeVamshi C Reddy
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
2:00 PM
Adv#: 2:18-01109 Lite Solar Corp. v. Slinde & Nelson, LLC et al
fr. 6-26-18, 8-7-18
Docket 1
NONE LISTED -
6/12/18 -- Court approved stipulation continuing status conference to August 7, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
7/18/18 -- At hearing held this date, Court continued this status conference to October 2, 2018 at 2:00 p.m. so that it may be heard concurrently with related objection to claim. OFF CALENDAR FOR AUGUST 7, 2018.
9/18/18 -- Court approved stipulation continuing hearing to October 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Slinde & Nelson, LLC Represented By David L. Neale Irving M Gross
Darian A. Stanford Represented By
2:00 PM
Irving M Gross
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
2:00 PM
Adv#: 2:18-01239 Lite Solar Corp. v. Schiffke et al
Docket 1
NONE LISTED -
9/18/18 -- Court approved stipulation continuing hearing to October 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Heather Schiffke Represented By Joseph A Field Irving M Gross
Brian Arbizzani Represented By Joseph A Field Irving M Gross
Adam Ward Represented By
Joseph A Field Irving M Gross
Steve Sefchick Represented By Joseph A Field
2:00 PM
Irving M Gross
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
2:00 PM
Adv#: 2:18-01240 Lite Solar Corp. v. Energy Wise Lightning, Inc. et al
Docket 1
NONE LISTED -
9/18/18 -- Court approved stipulation continuing hearing to October 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Energy Wise Lightning, Inc. Represented By Joseph A Field Irving M Gross
Peter Greenberg Represented By Joseph A Field Irving M Gross
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
2:00 PM
fr. 10-4-17, 11-15-17, 2-14-18, 5-9-18, 5-30-18, 6-27-18, 7-18-18
Docket 149
9/28/18 - Todd Arnold, (310) 229-1234, has been approved for telephonic appearance on 10/2/18 @ 2pm
9/28/17 -- Court approved stipulation continuing hearing to November 15, 2017 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for February 14, 2018:
What is the status of this matter? According to this Court's October 18 order, litigation against SNS is to be stayed until orders are entered resolving the Kamana Litigation. Has this occurred? If not, what is the parties' current time estimate as to when this is likely to have occurred. Hearing required.
2/23/18 -- Court signed scheduling order setting deadline of April 20, 2018 for movant to file an advesary proceeding against claimant asserting affirmative claims and any objections to claim. Hearing continued to May 9, 2018 at 10:00 am.
Tentative Ruling for May 9, 2018:
Has debtor filed an adversary proceeding against claimant? If so, should this claim objection be withdrawn without prejudice? Hearing required.
5/21/18 -- Court approved stipulation continuing hearing to June 27, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
2:00 PM
Tentative Ruling for June 27, 2018:
Revisit status of objection after conclusion of related matter on calendar.
Final Ruling for June 27, 2018:
Continue claim objection to date of hearing on motion to abstain (July 18, 2018 at 10:00 a.m.) If court elects to abstain, it will need to deal with issue raised by the debtor of possible statute of limitations problem raised by possible running of statute of limitations for malpractice claim on July 27, 2018.
Tentative Ruling for July 18, 2018:
Revisit status after conclusion of hearing on motion to abstain.
9/18/18 -- Court approved stipulation continuing hearing to October 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Tentative Ruling for October 2, 2018:
What, if anything, has been going on with regard to this claim objection? Should the hearing on this objection be continued to the same date and time as hearing on motion to dismiss (October 10 at 10)?
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Movant(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
2:00 PM
fr. 9-28-16, 1-11-17, 1-24-17, 3-29-17, 6-7-17, 8-15-17, 9-7-17, 11-29-17,
1-10-18, 4-25-18, 8-1-18
Docket 1
9/28/18 - Todd Arnold, (310) 229-1234, has been approved for telephonic appearance on 10/2/18 @ 2pm
Set bar date and deadline for serving notice of bar date. Continue case status conference for approximately 30 days.
10/4/16 -- Court signed order setting following dates:
L/D to serve notice of bar date -- October 5, 2016 Bar date -- November 18, 2016
Cont'd case status conference -- January 11, 2017 at 11:00 a.m.
L/D to file updated status report -- December 23, 2016 Tentative Ruling for January 11, 2017:
Continue case status conference to January 24, 2017 at 2:00 p.m. to be heard concurrently with related litigation. APPEARANCES WAIVED ON JANUARY 11, 2017. (Debtor need not file updated status report for January 24 status conference.)
Tentative Ruling for January 24, 2017:
Discuss with debtor whetheri it is possible for it to propose and confirm a plan of reorganization prior to the resolution of the pending litigation. Hearing required.
2:00 PM
Tentative Ruling for March 29, 2017:
What, if anything, has transpired since last status conference? Are there continuing business operations, and, if so, how is the debtor's business doing? Hearing required.
Tentative Ruling for June 7, 2017:
Court waived the requirement that an updated status report be filed. What, if anything, has transpired since the last status conference? Hearing required.
Tentative Ruling for August 15, 2017:
Court granted unilateral motion for a continuance and continued hearing on Anti-SLAPP motion to September 7, 2017 at 10:00 a.m. Continue case status conference to same date and time so that it may be heard concurrently with adversary proceeding. OFF CALENDAR FOR AUGUST 15, 2017.
Tentative Ruling for September 7, 2017:
Revisit status of case after conclusion of hearing on related matters.
Tentative Ruling for January 10, 2018:
The court waived the requirement that an updated status report be filed. What is the status of this matter? What, if anything, has happened since last status conference? When will the debtor be in a position to propose a chapter 11 plan? Hearing required.
Tentative Ruling for April 25, 2018:
Is the debtor conducting any business other than attempting to collect on accounts that had formerly been paying money (or refusing to pay money) to Kamana? Is there really enough of a business here to reorganize? Hearing required.
Final Ruling for April 25, 2018:
2:00 PM
Continue case status conference to August 1, 2018 at 11:00 a.m. Debtor should file and serve updated status report by July 20, 2018.
Tentative Ruling for August 1, 2018:
Where is the status report that debtor was to file by July 20, 2018?
Tentative Ruling for October 2, 2018:
Where is the status report that debtor was to file by September 18, 2018?
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
10:00 AM
Docket 6
NONE LISTED -
Vacate OSC. Debtor has now filed missing documents. OFF CALENDAR. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Christine Lee Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Docket 44
NONE LISTED -
Discuss with debtor missing information and continue hearing to give debtor an opportunity to file that information.
Debtor(s):
Brian Ponce Represented By
Paimon Banani Joy M Johnson Kevin Van Hout
David Samuel Shevitz
Joint Debtor(s):
Ellie S. Ponce Represented By
Paimon Banani Joy M Johnson Kevin Van Hout
David Samuel Shevitz
Trustee(s):
Alberta P Stahl (TR) Pro Se
10:00 AM
Docket 105
NONE LISTED -
The buyer of the business is not entitled to funds generated by the business prior to the date of sale. The trustee is entitled to funds generated by the business from and after the petition date through the date of sale to the extent that these funds are attributable to prepetition sales or sales resulting from the efforts of someone other than the debtor (in other words, proceeds of the business, rather than proceeds of the debtors' personal services).
Whether or not the debtors are able to comply and the consequences for noncompliance are issues that would need to be resolved at a later hearing.
Hearing required.
Debtor(s):
Christopher In Cho Represented By Robert K Lee
Glenn Ward Calsada
Joint Debtor(s):
Eun Soon Cho Represented By Robert K Lee
Glenn Ward Calsada
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey S Shinbrot
10:00 AM
Approving Sale Of Business Free And Clear Of All Liens Or Interests;
Approving Overbid Procedures;
Approving The Assumption And Assignment Of Real Property Lease
Granting Related Relief
Docket 157
10/2/18 - Andy Kong, 213)443-7554, has been approved for telephonic appearance on 10/3/18 @ 10am
Grant motion. Approve sale to highest bidder.
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
11:00 AM
Docket 58
NONE LISTED -
Court does not find this form of plan and disclosure statement to be useful or intelligible. Discuss with debtor what plan and disclosure statement should look like.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
11:00 AM
Docket 90
NONE LISTED -
NONE LISTED -
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
11:00 AM
Docket 99
NONE LISTED -
Court has a number of questions and concerns about the form of the plan and the disclosure statement that will be discussed on the record at the time of hearing on the disclosure statement. In addition, Court needs to know more about the status of the debtor's efforts to resolve disputes with the State Compensation Insurance Board.
Hearing required.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
11:00 AM
Docket 1
NONE LISTED -
The term is a "pass through" entity, not a "path through" entity.
Debtor should not use form for status reports. Debtor should merely answer the questions in the court's status conference order. Form is extremely difficult to read, especially when combined in part with narrative sections.
Set deadline for serving notice of bar date and bar date. Debtor predicts that it will be able to file plan and disclosure statement by June 30? What, if anything, has to happen before debtor is in a position to file a plan? Hearing required.
4/13/18 -- Court approved order setting following dates: L/D to serve notice of bar date -- April 13, 2018
Bar date --- May 31, 2018
L/D to file plan and disclosure statement -- June 30, 2018 Hearing on disclosure statement -- August 15, 2018 at 2:00 p.m. Cont'd status conference -- August 15, 2018 at 2:00 p.m. (Requirement of updated status report is waived.)
Tentative Ruling for October 3, 2018:
Revisit status of case after conclusion of hearing on disclosure statement.
11:00 AM
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
10:00 AM
Docket 76
NONE LISTED -
Grant motion. Dismiss case with 180-day bar. (Debtor has filed notice of nonopposition.)
Debtor(s):
Essence Business Group, Inc. Represented By Thomas B Ure
10:00 AM
Docket 65
NONE LISTED -
9/29/18 -- Court approved stipulation resolving matter. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
Movant(s):
United States Trustee (LA) Represented By Ron Maroko
10:00 AM
Docket 103
NONE LISTED -
10/2/18 -- Court approved stipulation resolving matter. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 1
9/13/18 - The U.S.Trustee's Motion to dismiss is set for 10/4/18 @ 10am. Therefore, the Case Management Conference shall be set with the Motion to Dismiss.
Debtor refers in its status report to a settlement with Travel Traders Hotel that was approved on September 19, 2018. This must be inaccurate. What is the status of this settlement?
Set deadline for service of notice of bar date and bar date.
8/22/18 -- Court approved scheduling order setting following dates:
L/D to serve notice of bar date -- August 29, 2018 Bar date -- October 19, 2018
Cont'd status conf -- September 11, 2018 at 11
Tentative Ruling for September 11, 2018:
Continue case status conference to October 4, 2018 at 10:00 a.m. to be heard concurrently with UST's motion to dismiss or convert. Waive requirement that debtor file updated status report.
Tentative Ruling for October 4, 2018:
Court took motion to dismiss off calendar due to stipulation between the parties, but where is this case going? What has to happen before the debtor will be in a position to file a plan? Hearing required.
10:00 AM
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Adv#: 2:17-01015 Gonzalez, Chapter 7 Trustee v. Creditors Specialty Service of Nevada, Inc., a
fr. 3-28-17, 5-2-17, 5-16-17, 9-12-17, 12-5-17, 2-13-18, 5-15-18, 8-21-18
Docket 1
NONE LISTED -
2/16/18 -- Court signed scheduling order with following dates:
Cont'd pretrial conference/holding date -- May 15, 2018 at 2:00 p.m.
L/D for parties to designate experts and exchange expert witness reports -- April 2, 2018
L/D to designate rebuttal experts -- May 1, 2018
L/D to complete expert witness discovery -- May 1, 2018 L/D for trustee to lodge revised pretrial order -- May 4, 2018
Tentative Ruling for August 21, 2018:
Court has the following questions concerning the pretrial order:
What is the difference between paragraphs 94 and 95 on page 12 of the order? One refers to transfers since January of 2015 totalling $839,608.05. The other refers to transfers between January of 2015 and the petition date totalling $711,319.05. Are the prepetition transfers included with,or separate from, the larger figure?
10:00 AM
Admitted fact 125 appears inconsistent with issue of fact number 147. Is the Court missing something?
The defendant listed 5 witnesses that he intends to call in the pretrial order, yet he neither filed direct testimony declarations from these witnesses or a declaration with the information described inparagraph A(4) of the pretrial order with regard to these witnesses. Therefore, he will not be permitted to call them at trial.
Additional comments/questions:
The admitted facts section of the pretrial order says that Stanley used the debtor's funds with regard to the Santa Clarita property not only to purchase the property but also to make mortgage and insurance payments and to do repairs. Why, on page 8 of the plaintiff's trial brief, at lines 10 through 11, does the plaintiff refer only to mortgage payments on the Acton and Los Angeles properties? Was this an oversight or is there some reason that the Santa Clarita property was omitted?
Creditors have filed claims for more than $20,000,000, but has the trustee performed any analysis of how much damage Stanley actually caused to the company? The amount others are claiming isn't necessarily the amount of damage he actually inflicted. (The claims may be inflated or unfounded.) The trustee has calculated the amount of the diversions at $840,000. Did he inflict damage in ways other than diverting funds?
This is not an action under section 362(k) as the debtor is not an individual. Does the trustee have another theory under which he is entitled to recover attorneys' fees?
How does the trustee propose that the Court calculate the amount of punitive damages that he contends should be imposed?
Why has the trustee offered the declaration of the former CRO reporting his discussions with the debtor's employees concerning the debtor's business practices rather than declarations from former employees or the business records themselves?
10:00 AM
Final Ruling from August 21, 2018:
If the Santa Clarita property and the Los Angeles property were acquired by Stanley after CSS was incorporated, based on the responses to the RFA's, the court will give plaintiff a constructive trust over 100 percent of the Santa Clarita property and 50 percent of the Los Angeles property.
If the Santa Clarita property or the Los Angeles property was acquired before CSS was incorporated, trustee can have an equitable lien against Stanley's interest in the properties for amounts diverted toward payment of the mortgage, insurance, expenses, etc.
Based on record at trial, court is not persuaded that the trustee is entitled to recover either attorneys' fees or punitive damages.
As to calculation of damages, the court has no evidence to support a
$20,000,000 damage amount as being attributable to Mr. Stanley. Trustee cannot recover from Stanley amounts that Stanley took out of trust and went into the business because the trustee stands in the debtor's shoes and received the benefit of that fraud/diversion. Company was not harmed by monies taken out of trust and put into the business. Creditors' claims for diverted funds is not a measure of claims against Stanley. (Testimony was that company divered $95,000 out of trust every month to cover operating expenses.)
As to amounts that can be recovered from Stanley, Mr. Lane's declaration is hearsay not within any exception; however, defendant failed to respond to RFA's, which show total damages of $830,000 and the pretrial order contains a finding of $839,608.05.
Continue hearing to October 4, 2018 at 10:00 a.m. Plaintiff should file and serve notice of continued hearing and supplemental brief with evidence not later than September 24, 2018. Supplemental oppositions and evidence will be due not later than October 1, 2018. Supplemental brief should address following issues:
10:00 AM
When did Stanley acquire the Los Angeles property and the Santa Clarita property?
When was CSS incorporated?
How much was put into the properties after CSS was incorporated?
Any additional briefing on the issue of the availability of attorneys' fees.
Any additional evidence as to the amount of cash actually diverted.
Any additional briefing/evidence as to the availability of punitive damages.
Tentative Ruling for October 4, 2018:
CSS was incorporated in California on March 17, 1998. Stanley acquired the Santa Clarita property on March 13, 1995. (Court cannot take judicial notice of the contents of a property profile obtained from a title company.) Therefore, he did not use funds divered from CSS to acquire the Santa Clarita property. Therefore, the trustee can only obtain an equitable lien against that property for the amount of any diverted funds that went into or were used for the benefit of that property from and after March 17, 1998.
How much of the diverted funds were used for the benefit of the Santa Clarita property?
Stanley acquired an interest in the Los Angeles property after CSS was incorporated and used funds diverted from CSS to make that acquisition. Therefore, the trustee is entitled to a constructive trust over Stanley's 50 percent interest in that property. (However, the value of that property cannot be taken into account as supporting an award of punitive damages as the trustee will be taking the value of that equity away from Mr. Stanley.)
Court remains persuaded that trustee has failed to establish any basis for the recovery of attorneys' fees.
Debtor(s):
Creditors Specialty Service, Inc. Represented By Neil C Evans
10:00 AM
Defendant(s):
Creditors Specialty Service of Pro Se Creditors Specialty Service, Inc., a Represented By
Neil C Evans
Charles V. Stanley, an individual Pro Se
Does 1 - 15 Pro Se
Plaintiff(s):
Rosendo Gonzalez, Chapter 7 Represented By Jessica L Bagdanov David Seror
Trustee(s):
Rosendo Gonzalez (TR) Represented By David Seror
Jessica L Bagdanov Talin Keshishian
10:00 AM
Docket No: 11
Debtor(s):
Marcos Pasillas Pro Se
Movant(s):
California Physicians' Service dba Blue Represented By
Andrew Still
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket No: 9
Debtor(s):
Hector Rosales Castillo Represented By Lauren M Foley
Joint Debtor(s):
Silvia Rosales Represented By Lauren M Foley
Movant(s):
CSAB Mortgage-Backed Pass-Through Represented By
Darren J Devlin
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket No: 1
10:00 AM
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
Adv#: 2:09-02063
Rubin v. Ross
Docket No: 1
Debtor(s):
David Leonard Ross Represented By Benjamin Nachimson
Seyed Mohammad R Kazerouni
2:00 PM
Michael L Tusken
Defendant(s):
David Leonard Ross Represented By
Seyed Mohammad R Kazerouni
Plaintiff(s):
Jason Rubin Represented By
Barry R Wegman Stephan A Mills Franklin C Adams Cathy Ta
J. Alexandra Rhim Rosendo Gonzalez
Trustee(s):
James L Brown (TR) Pro Se
2:00 PM
Adv#: 2:15-01241
SIEGEL, CHAPTER 7 TR v. The Weinstein Company LLC et al
Docket No: 1
2:00 PM
2:00 PM
Debtor(s):
Genius Products LLC Pro Se
Defendant(s):
The Weinstein Company LLC Represented By Mette H Kurth Alan R Friedman
The Weinstein Company Holding Represented By
Mette H Kurth Alan R Friedman
Plaintiff(s):
ALFRED H SIEGEL, CHAPTER 7 TR Represented By
David B Shemano James P Menton JR
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman Alfred H Siegel (TR) Lindsey L Smith James P Menton JR David B Shemano
2:00 PM
Adv#: 2:17-01472
Yoo v. Rodriguez et al
Docket No: 1
2:00 PM
Debtor(s):
Martin Edward Rodriguez Represented By Raymond Perez
Defendant(s):
Consuelo Rodriguez Represented By Jeffrey B Smith
Mary H. Rodriguez Represented By Jeffrey B Smith
Martin Edward Rodriguez Pro Se
Plaintiff(s):
Timothy J. Yoo Represented By Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay Lindsey L Smith
2:00 PM
Adv#: 2:18-01255
Avery v. Moore et al
Docket No: 1
Debtor(s):
Geneva McGrigg Represented By Theresa Hana
Defendant(s):
Larry Moore Pro Se
Marvena Moore Pro Se
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
2:00 PM
Adv#: 2:18-01250
RND Sunset Associates, LLC v. Shepherd et al
Docket No: 1
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
Defendant(s):
Paul Stuart Shepherd Pro Se
GiGi Renee Shepherd Pro Se
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
2:00 PM
Plaintiff(s):
RND Sunset Associates, LLC Represented By Ernest J Guadiana
2:00 PM
Adv#: 2:17-01292
Krasnoff v. DRI Relays, LLC
Docket No: 50
2:00 PM
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Movant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
2:00 PM
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:17-01292
Krasnoff v. DRI Relays, LLC
Docket No: 1
2:00 PM
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
2:00 PM
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:17-01522
Jeffrey J. Bitetti, individually and as Trustee of v. Bren
Docket No: 10
2:00 PM
Debtor(s):
Steven M Bren Represented By Robert S Altagen
Defendant(s):
Steven M. Bren Represented By Robert S Altagen
2:00 PM
Movant(s):
Jeffrey J. Bitetti, individually and as Tr Represented By
Roger F Friedman
Plaintiff(s):
Jeffrey J. Bitetti, individually and as Tr Represented By
Roger F Friedman
Trustee(s):
Howard M Ehrenberg (TR) Represented By Leonard M Shulman Ryan D ODea
2:00 PM
Adv#: 2:17-01522
Jeffrey J. Bitetti, individually and as Trustee of v. Bren
Docket No: 1
Debtor(s):
Steven M Bren Represented By Robert S Altagen
Defendant(s):
Steven M. Bren Represented By Robert S Altagen
Plaintiff(s):
Jeffrey J. Bitetti, individually and as Tr Represented By
Roger F Friedman
2:00 PM
Trustee(s):
Howard M Ehrenberg (TR) Represented By Leonard M Shulman Ryan D ODea
10:00 AM
Docket 8
NONE LISTED -
Debtor has now filed certificate of credit counseling, but that certificate reflects that counseling occurred post-petition, and debtor has not requested or obtained an exemption from prepetition credit counseling requirement. As debtor did not complete credit counseling within the 180 days before the commencement of the bankruptcy case, debtor is not eligible to be a debtor in this bankruptcy case.
Dismiss case. (Nothing precludes this debtor from refiling, but new filing would be debtor's second bankruptcy case within a year, meaning that automatic stay will terminate within 30 days unless debtor moves for and obtains an extension.)
Debtor(s):
Deborah Lynn Pressley Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Convert Chapter 11 Case fr. 9-13-18
Docket 261
10/9/18 - Joseph Fields, (503)228-9115, has been approved for telephonic appearance on 10/10/18 @ 10am
8/28/18 -- Court approved stipulation continuing hearing to October 10, 2018 at 10:00 a.m. OFF CALENDAR FOR SEPTEMBER 13, 2018.
Court agrees that there is no currently operating business and that there have been no meaningful business operations during the pendency of the case. (And the case has been pending for over two years.) Court also observes that movants are not disinterested here either. If movant's allegations are correct, there may be valuable assets here to be administered for the benefit of creditors. Grant motion insofar as it seeks conversion to chapter 7. If chapter 7 trustee believes there is nothing here to administer, he or she can seek dismissal of case or simply close case.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
10:00 AM
Salesforce.com, Inc. and Yahoo!, Inc. Only - Claim Nos. 242, 272 and 292 by Stipulation/Order:
fr. 4-4-18, 4-25-18, 7-18-18, 8-15-18, 9-26-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
10:00 AM
136 H & D Accessories
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
10:00 AM
205 Rehab
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
9/28/18 - Gaye Heck, (650)857-9500, has been approved for telephonic appearance on 10/10/18 @ 10am
9/28/18 - James Vandermark, has been approved for telephonic appearance on 10/10/18 @ 10am
10:00 AM
1/19/18 -- Court approved stipulation continuing hearing on objection to claim no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
4/2/18 -- Court approved stipulation to continuing hearing on objection to claim no. 242 to April 25, 2018 at 10:00 a.m.
AS ALL PENDING OBJECTIONS HAVE NOW BEEN RESOLVED OR CONTINUED, OFF CALENDAR FOR APRIL 4, 2018.
4/15/18 -- Court continued hearings on objections to claim nos. 242, 272 and 292 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 25, 2018.
5/24/18 -- Court approved stipulation continuing hearings on objections to claims 242, 272 and 292 to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018. NO APPEARANCE REQUIRED.
7/16/18 -- Court approved stipulations resolving objections to claim nos. 272 and 292. Only unresolved objection is to claim no. 242.
7/16/18 -- Court approved stipulation continuing hearing on objection to claim no. 242 to August 15, 2018 at 10:00 a.m. OFF CALENDAR FOR JULY 18,
2018.
8/18/18 -- Court approved stipulation continuing hearing to September 26, 2018 at 10:00 a.m. OFF CALENDAR FOR AUGUST 15, 2018.
8/18/18 -- Court approved stipulation continuing hearing to September 26,
10:00 AM
2018 at 10:00 a.m. OFF CALENDAR FOR AUGUST 15, 2018.
9/20/18 -- Court approved stipulation continuing hearing to October 10, 2018 at 10:00 a.m. OFF CALENDAR. NO APPEARANCE REQUIRED.
10/4/18 -- Court approved stipulation continuing hearing to November 7, 2018 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 10, 2018.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
11:00 AM
Docket 430
- NONE LISTED -
Discuss with parties timing of confirmation hearing and interaction between these hearings and hearing on EWB's motion for stay pending appeal.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
11:00 AM
fr. 5-31-17, 6-14-17, 8-2-17, 10-4-17, 10-18-17, 11-29-17, 1-31-18, 2-28-18,
5-24-18, 6-20-18, 8-29-18, 9-13-18
Docket 1
- NONE LISTED -
5/22/17 -- Court granted motion setting bar date of August 9, 2017. Tentative Ruling for May 31, 2017:
Continue case status conference to date that can serve as date of hearing on disclosure statement, unless debtor plans to commence payments instead of filing plan on 90th day.
Tentative Ruling for June 14, 2017:
Debtor has now filed plan and disclosure statement. Continue case status conference to date of hearing on disclosure statement.
Tentative Ruling for August 2, 2017:
Continue case status conference to date of continued hearing on disclosure statement.
8/31/17 -- Court signed order continuing hearing to October 18, 2017 at 2:00
p.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for October 10, 2018:
Revisit status of case after conclusion of related matters on calendar.
11:00 AM
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
Docket 39
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Donald Ray Walker Jr. Represented By Gustavo C Mendoza Michelle Y Choe
Joint Debtor(s):
Kelli Robin Walker Represented By Gustavo C Mendoza Michelle Y Choe
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
2:00 PM
Docket 100
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Carolina Fuentes Represented By Larry W. Smith
Kevin Joseph O'Brien
Trustee(s):
Howard M Ehrenberg (TR) Represented By Elizabeth Jiang Jason Balitzer
2:00 PM
Docket 22
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Gene Flores Jr. Represented By Francis Guilardi
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: BANK OF AMERICA, NA
Docket 15
10/12/18 - Merdaud Jafarnia, (619)955-1961, has been approved for telephonic appearance on 10/16/18 @ 10am
Grant request for relief under section 362(d)(1) (without waiver of Rule 4001(a)(3)) due to lack of adequate protection, but deny motion under section 362(d)(1) as debtor has equity in the property.
Debtor(s):
Loretha L. Smith Represented By Sam Benevento
Movant(s):
Bank of America, N.A. Represented By Merdaud Jafarnia
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: US BANK, NA
Docket 10
10/4/18 - Megan Lees, (619)501-3503, has been approved for telephonic appearance on 10/16/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
J Gregorio Gelacio Diezmo Represented By Lauren M Foley
Movant(s):
U.S. Bank National Association Represented By Robert P Zahradka
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 8
10/9/18 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 10/16/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Steven Sohail Geranmayeh Represented By Brian J Soo-Hoo
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: HALLSTROM, KLEIN & WARD, LLP.
Docket 10
10/9/18 - David Ward, (949)450-8500, has been approved for telephonic appearance on 10/16/18 @ 10am
Grant relief from stay pusuant to section 362(d)(1) (with waiver of Rule 4001(a)(3)) for limited purpose of permitting movant to prosecute/litigate to a final order its motion for leave to withdraw as counsel of record.
(Trustee has filed notice of nonopposition.)
Debtor(s):
Lucie Idleman Represented By Suzette Douglas
Movant(s):
Hallstrom, Klein & Ward, LLP Represented By Paul J Kurtzhall
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: ATTESSA PROPERTIES fr. 10-2-18
Docket 12
10/2/18 - Jason Rund, (310) 640-1200, has been approved for telephonic appearance on 10/2/18 @ 10am
Tentative Ruling for October 2, 2018:
Grant with waiver of Rule 4001(a)(3). Final Ruling for October 2, 2018:
Continue hearing to October 16, 2018 at 10:00 a.m. Trustee shall have to and including October 12, 2018 to file and serve any supplemental opposition to the motion. Any supplemental reply shall be filed and served by October 15, 2018.
Tentative Ruling for October 16, 2018:
Court has reviewed the trustee's supplemental opposition. Court agrees that relief from stay should not be granted to permit anyone to proceed with an unlawful detainer action, but court wants to discuss with parties whether it is appropriate to grant relief from stay to the extent necessary to permit the litigation concerning title to the property to continue. In the alternative, these issues could be resolved in bankruptcy court, as this court has exclusive jurisdiction to determine what is, or is not, property of the estate, but the action would need to be removed to this court or a new adversary proceeding commenced to resolve these issues.
Debtor(s):
Lucie Idleman Represented By
10:00 AM
Movant(s):
Suzette Douglas
Attessa Properties Represented By Sharon Y Adams
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: 9050 READING, LLC.
Docket 8
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Karen Iris McCan Pro Se
Movant(s):
9050 READING LLC Represented By Richard Sontag
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Adv#: 2:18-01023 Cunjak v. Garcia
[OST]
Docket 33
- NONE LISTED -
Deny motion. Later bank records are relevant to establish whether debtor is in fact hiding or failing to disclose assets or underreporting income.
Debtor(s):
Joseph Michael Garcia Represented By John Asuncion
Defendant(s):
Joseph Michael Garcia Represented By Sevan Gorginian
Plaintiff(s):
Michael Cunjak Represented By Sanaz S Bereliani
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
fr. 7-25-17, 11-14-17, 11-28-17, 1-9-18, 4-3-18, 4-11-18, 6-26-18, 7-17-18
Docket 1
6/27/17 - Request for entry of default against Julie Taberdo 6/27/17 - Request for entry of default against Lynn Wolcott
6/27/17 - Request for entry of default against TD Foreclosure Services, Inc.
Defaults have been entered as against Lynn Wolcott, Julie Taberdo and TD Foreclosure Services.
The trustee is of the opinion that there are legal issues that can be resolved through a motion for partial summary adjudication. Set deadline for the filing of such motions and continue status conference to a date that can serve as a date for hearing on those motions.
9/20/17 -- Court approved scheduling order continuing status conference to November 14, 2017 at 2:00 p.m., ordering parties to file a joint status report not later than Octoer 31, 2017, ordering trustee to file and serve his motion for partial summary judgment against GB Inland Properties not later than September 26, 2017 and set it for hearing on November 14, 2017 at 2:00
2:00 PM
p.m. and directing that any motion to vacate a default be filed not later than September 26, 2017 and set for hearing on or before November 14, 2017 at 2:00 p.m.
Tentative Ruling for November 14, 2017:
Why didn't the trustee comply with the court's directive to file his motion for partial summary judgment in time to have it heard on November 14, 2017? That motion is currently set for November 28, 2017.
Revisit status of action after conclusion of related matter on calendar. Tentative Ruling for November 28, 2017:
Revisit status of action after conclusion of related matter on calendar.
Tentative Ruling for January 9, 2018:
Set deadline for filing amended complaint and deadline for filing response to complaint.
Tentative Ruling for April 11, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
6/22/18 -- Court signed order approving stipulation continuing hearing to July 17, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Tentative Ruling for July 17, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
Tentative Ruling for October 16, 2018:
(Where is status report that should have been filed October 2, 2018?) Plaintiff has now filed third amended complaint and defendants have answered. Defendants have brought motion for summary judgment that is
2:00 PM
set for hearing on November 27, 2018 at 2:00 p.m. Continue status conference to November 27, 2018 at 2:00 p.m. to be held concurrently with motion for summary judgment. APPEARANCES WAIVED ON OCTOBER 16, 2018.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth Stephen S Smyth
Alexandre Oh Represented By
Andrew Edward Smyth Stephen S Smyth
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
Andrew Edward Smyth Stephen S Smyth
Plaintiff(s):
Edward M Wolkowitz Represented By
2:00 PM
Trustee(s):
Matthew Abbasi
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
2:00 PM
Adv#: 2:15-01545 Mastan v. Kim et al
fr. 4-25-17, 8-1-17, 10-3-17, 11-14-17, 12-19-17, 1-30-18, 2-13-18, 5-15-18,
7-31-18
Docket 1
10/9/18 - Kyra Andrassy, (714)445-1017, has been approved for telephonic appearance on 10/16/18 @ 2pm
A notation on the file reflects that Judge Donovan set August 1, 2017 as a discovery cutoff and instructed plaintiff to lodge a scheduling order. Was such an order ever lodged?
Where is the joint (or collective) status report that should have been filed two weeks prior to the April, 2017 status conference? The most recent status report that the Court was able to locate was dated February 15, 2017 and was prepared for a March 1, 2017 status conference.
Order the parties to complete a day of mediation prior to the date of the next status conference.
4/28/17 -- Court approved scheduling order with following dates: Discovery cutoff -- 10/2/17
L/D to lodge order appointing mediator -- 5/30/17 L/D to complete mediation -- 8/1/17
2:00 PM
Cont'd status conference -- August 1, 2017 at 2:00 p.m. L/D to file joint status report -- July 18, 2017
6/9/17 -- Court approved stipulation continuing deadline to complete mediation and discovery cutoff to October 3, 2017 and continuing status conference to October 3, 2017 at 2:00 p.m.
8/23/17 -- Court approved order appointing mediators.
9/7/17 -- Court approved stipulation continuing discovery cutoff to October 31, 2017 and continuing status conference to November 14, 2017 at 2:00 p.m.
OFF CALENDAR FOR OCTOBER 3, 2017.
10/12/17 -- Court approved stipulation continuing discovery cutoff to November 30, 2017 and continuing status conference to December 19, 2017
at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 14, 2017.
12/1/17 -- Court approved stipulation continuing discovery cutoff to January 15, 2018 and continuing status conference to January 30, 2018 at 2:00 p.m.
OFF CALENDAR FOR DECEMBER 19, 2017.
1/3/18 -- Court approved stipulation continuing discovery cutoff to February 13, 2018 and continuing status conference to February 13, 2018 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 30, 2018.
Tentative Ruling for February 13, 2018:
Where is the joint status report that was due two weeks before the status conference? What is the status of this matter? Hearing required.
2/9/18 -- Court approved stipulation continuing hearing to May 15, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
5/11/18 -- Court approved stipulation continuing status conference to July 31, 2018 at 2:00 p.m. and continuing discovery cutoff to July 31, 2018. OFF
CALENDAR FOR MAY 15, 2018.
2:00 PM
6/13/18 -- Court approved compromise that calls for payments over time to trustee.
7/6/18 -- Court approved stipulation dismissing action as against Loren Chang.
Tentative Ruling for July 31, 2018:
What, if anything, is left of this action? Hearing required.
7/26/18 -- Court approved stipulation continuing discovery cutoff to October 16, 2018 and continuing status conference to October 16, 2018 at 2:00 p.m.
OFF CALENDAR FOR JULY 31, 2018.
10/10/18 -- Court approved stipulation continuing hearing to November 13, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 16, 2018.
Debtor(s):
WELCOME MANAGEMENT Represented By Phillip H Kwon
Defendant(s):
Sang Hyun Kim Represented By Peter A Kim
Helen Pak Represented By
Peter A Kim
Loren Chang Represented By
Patricia M Bakst
Hope Healthcare Management, Inc. Represented By
Peter A Kim
Plaintiff(s):
Peter J Mastan Represented By
2:00 PM
Trustee(s):
Kyra E Andrassy
Peter J Mastan (TR) Represented By
Lei Lei Wang Ekvall Kyra E Andrassy
2:00 PM
Adv#: 2:18-01031 Golden, Chapter 7 Trustee v. SIMLIM et al
Beom Sik Kim, Jung Shup Sim fr. 4-10-18,8-14-18
Docket 1
- NONE LISTED -
Continue status conference approximately 90 to 120 days. Order parties to complete a day of mediation prior to date of continued status conference.
4/16/18 -- Court approved scheduling order with following dates: Cont'd status conference -- August 14, 2018 at 2:00 p.m.
L/D to file status report -- July 31, 2018
L/D to complete mediation -- August 14, 2018
L/D to lodge order appointing mediators -- May 18, 2018
\
5/22/18 -- Court approved order appointing mediators. Tentative Ruling for August 14, 2018:
Did the parties attend mediation on August 9? If not, why not?
10/3/18 -- Court approved stipulation continuing status conference to December 18, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 16,
2018.
2:00 PM
Debtor(s):
JUNG SHUP SIM Represented By Jaenam J Coe
Defendant(s):
MIJA SIMLIM Represented By Jaenam J Coe
BEOM SIK KIM Represented By Christian T Kim
JUNG SHUP SIM Represented By Jaenam J Coe
Plaintiff(s):
Jeffrey I. Golden, Chapter 7 Trustee Represented By
Sonia Singh Eric P Israel
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel Sonia Singh
2:00 PM
Adv#: 2:18-01262 Jindi Fshion INC, a California Corporation v. Kim
Docket 1
- NONE LISTED -
Where is joint status report that should have been filed by October 2, 2018? How long do the parties think they need to complete discovery? Does either party anticipate any pretrial motions at this point? Is this an appropriate matter to be sent to an early mediation? Hearing required.
Debtor(s):
Evelyn Yangmi Kim Represented By Dale J Park
Defendant(s):
Evelyn Yangmi Kim Represented By Dale J Park
Plaintiff(s):
Jindi Fshion INC, a California Represented By Yong Bom Lee
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Adv#: 2:18-01263 Manjikian v. Triskell Restorations Inc a California corporation
Docket 1
- NONE LISTED -
9/21/18 -- Court signed order approving extension of time for defendant to respond to complaint to October 31, 2018.
Tentative Ruling for October 16, 2018:
In light of above-referenced stipulation, defendant has not yet filed a response. Continue status conference to December 4, 2018 at 2:00 p.m. Parties should file a joint status report not later than November 20, 2018. APPEARANCES WAIVED ON OCTOBER 16, 2018.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
Defendant(s):
Triskell Restorations Inc a California Represented By
Jerry D Hemme
2:00 PM
Rick Lubeski Represented By
Jerry D Hemme
Andrew Fairbanks Represented By Jerry D Hemme
American Contractors Indemnity Pro Se
Plaintiff(s):
Viken Manjikian Represented By Matthew D Taylor
2:00 PM
Adv#: 2:16-01164 Wolkowitz, Chapter 7 Trustee v. Lopez et al
fr. 12-20-16, 2-14-17, 8-15-17, 2-13-18, 9-11-18
Docket 1
- NONE LISTED -
12/7/16 -- court continued pretrial conference to February 14, 2017 at 2:00
p.m. in light of parties' proposed settlement. OFF CALENDAR FOR DECEMBER 20, 2016.
1/3/17 -- Court granted motion approving compromise (payments over time).
7/24/17 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR AUGUST 15, 2017.
2/2/18 -- Court approved stipulation continuing hearing to September 11, 2018 at 2:00 pm. OFF CALENDAR FOR FEBRUARY 13, 2018.
Tentative Ruling for September 11, 2018:
Matter has been settled. Is defendant current on settlement payments?
10/9/18 -- Court approved stipulation re dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
2:00 PM
Debtor(s):
Paisano Meats, Inc. Represented By Jeffrey S Shinbrot
Defendant(s):
Yesenia Lopez Represented By Baruch C Cohen
Alexis Wholesale, Inc. Represented By Baruch C Cohen
Plaintiff(s):
Edward M Wolkowitz, Chapter 7 Represented By
Marc Weitz
Trustee(s):
Edward M Wolkowitz (TR) Represented By Marc Weitz
2:00 PM
Adv#: 2:17-01372 Velasco v. RBS Citizens Bank et al
fr. 10-3-17, 1-23-18, 4-10-18, 7-17-18
Docket 1
8/8/17 - Amended Complaint filed. 8/8/17 - Another summons issued.
8/17/17 - Another summons issued
Continue status conference approximately 90 days. Set discovery cutoff for March of 2018.
10/5/17 -- Court signed scheduling order with following dates: Cont'd status conference -- January 23, 2018 at 2:00 p.m.
L/D to file joint status report -- January 9, 2018 Discovery cutoff -- March 30, 2018.
Tentative Ruling for January 23, 2018:
Both parties report that they will be done with discovery in April, 2018. Are they requesting an extension of the discovery cutoff or does the current March 30 date work?
Parties have indicated that they do not want to be sent to mediation. When
2:00 PM
would mediation be appropriate in this case, if at all? Hearing required.
3/6/18 -- Court signed order dismissing action as against defendant VL Funding only.
3/23/18 -- Court approved stipulated order dismissing action as against another defendant. RBS Citizen's Bank remains as a defendant.
4/16/18 -- Court approved scheduling order with following dates: Cont'd status conference -- July 17, 2018 at 2:00 p.m.
L/D to file status report -- July 3, 2018 Discovery cutoff -- June 30, 2018
Tentative Ruling for July 17, 2018:
It appears from the status report that discovery is now complete. Set deadline for filing pretrial motions and pretrial conference date. Order parties to complete a day of mediation before deadline for lodging pretrial order.
7/26/18 -- Court approved scheduling order setting pretrial conference for October 16, 2018 at 2:00 p.m. and directing parties to lodge joint pretrial order by September 26, 2018, lodge order appointing mediator by July 31, 2018 and complete a day of mediation by September 14, 2018.
7/31/18 -- Court approved order appointing mediators.
8/31/18 -- Court approved stipulation resolving action and discharging loan. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Paulina Velasco Represented By Christine A Kingston
Defendant(s):
RBS Citizens Bank Represented By
2:00 PM
Scott S Weltman
Citizens Bank, N.A. Represented By Scott S Weltman
Plaintiff(s):
Paulina Velasco Represented By Christine A Kingston
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:18-01220 Stillwater Liquidating LLC v. Degma Investing, LLC et al
fr. 10-2-18
Docket 21
- NONE LISTED -
The parties have stipulated that the motion to dismiss "shall be adjourned to a date to be mutually agreed upon by the Parties and convenient for the Court during the week of November 12, 2018, with such date to be set at the hearing on the remand motion and the venue motion.
Continue hearing to October 16, 2018 at 2:00 p.m. as a holding date, at which point, the court will further continue this hearing. APPEARANCES WAIVED ON OCTOBER 2, 2018.
Tentative Ruling for October 16, 2018:
Revisit status of motion after conclusion of related matters on calendar. If judge retains action, set further hearing date and briefing schedule.
Defendant(s):
Degma Investing, LLC Represented By Abigail V O'Brient
The Parking Mall, L.L.C. Represented By Abigail V O'Brient
LTAP1, LLC Represented By
Abigail V O'Brient
2:00 PM
SDC Remainder LLC Represented By Abigail V O'Brient
G.M.A. Industrial Corp. Represented By Abigail V O'Brient
Mark Buntzman Pro Se
Movant(s):
Degma Investing, LLC Represented By Abigail V O'Brient
The Parking Mall, L.L.C. Represented By Abigail V O'Brient
LTAP1, LLC Represented By
Abigail V O'Brient
SDC Remainder LLC Represented By Abigail V O'Brient
G.M.A. Industrial Corp. Represented By Abigail V O'Brient
Plaintiff(s):
Stillwater Liquidating LLC Represented By Tony Tootell
2:00 PM
Adv#: 2:18-01220 Stillwater Liquidating LLC v. Degma Investing, LLC et al
Docket 34
- NONE LISTED -
9/12/18 -- Court approved stipulation continuing hearing to October 16, 2018 at 2:00 p.m. and moving related dates. OFF CALENDAR FOR OCTOBER 2, 2018.
Judge Bluebond's husband is employed by GlassRatner. It is unclear from the papers filed with the court the extent to which plaintiff's are currently being managed by GlassRatner or one of its partners. It appears from a quick review of the plan that, post-confirmation, the claims in question are to be administered by the Plan Administrator. Court cannot determine whether the Plan Administrator is currently a partner of GlassRatner. In light of the prospect of an appearance of impropriety, court will not proceed unless parties confirm outside the presence of the court that all parties are comfortable with Judge Bluebond resolving these motions. If any party is not, this adversary proceeding will be randomly reassigned to another judge in this division. (Judge Bluebond should not be told which of the parties is willing or unwilling to permit her to proceed.)
AFTER FOREGOING DISCLOSURE, COURT CONTACTED PARTIES. PLAINTIFF CONFIRMS THAT GLASSRATNER IS STILL INVOLVED, BUT PARTIES CONFERRED WITHOUT COURT'S INVOLVEMENT AND HAVE CONFIRMED THAT THEY DO NOT OBJECT TO JUDGE BLUEBOND'S ADJUDICATING THESE MOTIONS.
Based on the foregoing, the Court has issued the following tentative ruling:
2:00 PM
Tentative Ruling on the Merits:
Court cannot grant both the remand motion and the motion to transfer venue. The two motions are essentially flip sides of the same coin, which, together, pose the question: which is the most appropriate forum for the resolution of this adversary proceeding -- the Los Angeles Superior Court or the United States Bankruptcy Court for the Southern District of New York. It is theoretically possible that this Court could deny both motions and retain jurisdiction itself, but that seems unlikely. If there is a sufficient nexus to the bankruptcy case to make a bankruptcy forum preferable, the Southern District of New York would appear to be the more appropriate forum.
Movants on matter no. 208 have sought an alternate form of relief -- abstention -- but that form of relief is not available on these facts in this circuit in light of the language of the statute itself, which requires that an action have been commenced and be capable of being timely adjudicated in state court. Security Farms v. Int'l Brotherhood of Teamsters, 124 F.3d 1000 (9th Cir.
1997). Unless this court grants the motion to remand, there cannot be a timely adjudication of the action in state court.
The court should transfer venue of this action to the Southern District of New York if, doing so, would be in the interest of justice and the convenience of the parties, considering such factors as: (1) the proximity of the creditors to the court; (2) the proximity of the debtor to the court; (3) the proximity of the witnesses to the court; (4) the location of the assets; (5) the economic administration of the estate; (6) the necessity for ancillary administration should liquidation result; (7) judicial economy; (8) timeliness; and (9) fairness. And, of course, it goes without saying that the Court should not transfer the action to the bankruptcy court in the Southern District of New York if that court lacks jurisdiction to adjudicate the matter.
The court can remand on any equitable ground and should remand the action to the Los Angeles Superior Court if, in the exercise of its discretion, it finds that the following factors weigh in favor of remand: (1) the effect, or lack thereof, on the efficient administration of the bankruptcy; (2) the extent to which state laws predominate; (3) the difficult or unsettled nature of
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applicable law; (4) the presence of related proceedings commenced in state court or other nonbankruptcy court; (5) whether the bankruptcy court has a basis for jurisdiction other than 28 U.S.C. section 1334; (6) the degree of relatedness or remoteness to the main bankruptcy proceeding; (8) the feasibility of severing state claims from bankruptcy claims so that judgments may be entered in state court and enforced by bankruptcy court; (9) the burden on the bankruptcy court's docket; (10) the likelihood that commencement of the proceeding in bankruptcy court (or the removal of the action to bankruptcy court) involves forum shopping; (11) the existence of a right to a jury trial; (12) the presence of nondebtor parties in the proceeding;
(13) comity; and (14) the possibility of prejudice to other parties.
In this action, a number of these factors are inapplicable and those that are applicable weigh heavily in favor of denying the motion to transfer venue and remanding the action to state court. In the first instance, it is worthy of note that the plan of reorganization was confirmed more than 4 years ago and that the scope of the jurisdiction that it is appropriate for a bankruptcy court to retain post-confirmation is signficantly more restricted than the scope of what would be appropriate during the pendency of the bankruptcy case. And it cannot be argued here that, in order to adjudicate the action, the court would be called upon to interpret the orders of the bankruptcy court or the plan of reorganization. Although there will be an impact on the estate, in that 40 percent of the net proceeds will be available for distribution under the plan, this is an insufficient basis taken alone for a bankruptcy court to exercise post-confirmation jurisdiction. Absent a close nexus to issues such as this, it is far from clear that the bankruptcy court could exercise jurisdiction over this matter.
As the plan has already been confirmed and has already been substantially consummated, there will be no adverse impact on the administration of the bankruptcy estate from a remand of this action to a nonbankruptcy court. The claims arise under nonbankruptcy law and are against parties who were doing business in California and had their principal places of business in California when the conduct in question occurred. There is a pending probate proceeding already in the Los Angeles Superior Court with regard to the defendants and there is no reason to believe that the Southern District of New York would be a more convenient forum for defendants or that evidence
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would be more easily acquired in New York than in California. There is no basis for federal jurisdiction other than section 1334, and one or more of the parties has asserted a right to a jury trial, meaning that, in all likelihood, the matter would not end up being resolved by the bankruptcy court in any event.
Deny motion to transfer venue. Grant motion to remand.
Defendant(s):
Degma Investing, LLC Represented By Abigail V O'Brient
The Parking Mall, L.L.C. Represented By Abigail V O'Brient
LTAP1, LLC Represented By
Abigail V O'Brient
SDC Remainder LLC Represented By Abigail V O'Brient
G.M.A. Industrial Corp. Represented By Abigail V O'Brient
Mark Buntzman Pro Se
Movant(s):
Stillwater Liquidating LLC Represented By Tony Tootell
Plaintiff(s):
Stillwater Liquidating LLC Represented By Tony Tootell
2:00 PM
Adv#: 2:18-01220 Stillwater Liquidating LLC v. Degma Investing, LLC et al
fr. 8-28-18, 10-2-18
Docket 15
- NONE LISTED -
8/3/18 -- Court approved stipulation continuing hearing to October 2, 2018 at 2:00 p.m. OFF CALENDAR FOR AUGUST 28, 2018.
9/12/18 -- Court approved stipulation continuing hearing to October 16, 2018 at 2:00 p.m. and moving related dates. OFF CALENDAR FOR OCTOBER 2, 2018.
Tentative Ruling for October 16, 2018: See tentative ruling for matter no. 208.
Defendant(s):
Degma Investing, LLC Represented By Abigail V O'Brient
The Parking Mall, L.L.C. Represented By Abigail V O'Brient
LTAP1, LLC Represented By
Abigail V O'Brient
SDC Remainder LLC Represented By Abigail V O'Brient
2:00 PM
G.M.A. Industrial Corp. Represented By Abigail V O'Brient
Mark Buntzman Pro Se
Movant(s):
Degma Investing, LLC Represented By Abigail V O'Brient
The Parking Mall, L.L.C. Represented By Abigail V O'Brient
LTAP1, LLC Represented By
Abigail V O'Brient
SDC Remainder LLC Represented By Abigail V O'Brient
G.M.A. Industrial Corp. Represented By Abigail V O'Brient
Plaintiff(s):
Stillwater Liquidating LLC Represented By Tony Tootell
2:00 PM
Adv#: 2:18-01220 Stillwater Liquidating LLC v. Degma Investing, LLC et al
fr. 8-28-18, 10-2-18
Docket 1
NONE LISTED -
7/16/18 -- Court approved stipulation extending defendants' time to respond to complaint to July 23, 2018.
8/3/18 -- Court approved stipulation continuing hearing to October 2, 2018 at 2:00 p.m. OFF CALENDAR FOR AUGUST 28, 2018.
9/12/18 -- Court approved stipulation continuing hearing to October 16, 2018 at 2:00 p.m. and moving related dates. OFF CALENDAR FOR OCTOBER 2, 2018.
Tentative Ruling for October 16, 2018:
Revisit status of adversary proceeding after conclusion of related matters on calendar.
Defendant(s):
Degma Investing, LLC Represented By Abigail V O'Brient
The Parking Mall, L.L.C. Represented By Abigail V O'Brient
2:00 PM
LTAP1, LLC Represented By
Abigail V O'Brient
SDC Remainder LLC Represented By Abigail V O'Brient
G.M.A. Industrial Corp. Represented By Abigail V O'Brient
Mark Buntzman Pro Se
Plaintiff(s):
Stillwater Liquidating LLC Represented By Tony Tootell
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to Sell 2003 Toyota Tundra Free and Clear Subject to Overbid;
Pay Commissions, Costs of Sale and Secured Liens, if any, from Sale Proceeds
Offset a Portion of the Debtors' Claimed Exemption by the Amount of Non- exempt Funds that Have Not Yet Been Turned Over
Docket 21
NONE LISTED -
Reduce initial overbid increment to $500. (There isn't a "bust-up" fee to proposed buyer that needs to be covered by this increment.) Approve sale to highest bidder. Make 363(m) finding.
Has trustee discussed setoff proposal with debtor? Is debtor on board with this? If not, has the trustee considered whether this approach is permissible or whether it is tantamount to surcharging the debtor's exemption in violation of Law v. Siegel?
Debtor(s):
Thurman Ray Colbert Sr Pro Se
Joint Debtor(s):
Delores Colbert Pro Se
Movant(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 10
10/9/18 - Irwin Friedman, (310)217-4080, has been approved for telephonic appearance on 10/17/18 @ 10am
Deny motion insofar as it seeks to fine respondent for using term "paralegal" in her advertisements. There is no evidence that she ever used this term in connection with advertising. She filled in the word, "paralegal," on the form she filed where it has a blank for the word, "title." This isn't any form of advertising or anything related to advertising.
The declarations do not adequately respond to the debtor's declaration that she gave respondent the filing fee. The responsive declarations are in the passive voice and do not say who mailed the documents to the court. The court accepts the debtor's testimony that a check for the filing fee was given to respondent and that respondent mailed the fee to the court. That is a violation of section 119(g).
Grant motion insofar as it seeks to fine respondent $500 for handling filing fee.
[UST reports that a stipulation resolving matter has been signed and will be filed shortly.]
10/16/18 -- Court approved stipulation resolving matter. OFF CALENDAR. NO APPEARANCE REQUIRED.
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Debtor(s):
Abbasali Allahvirdizadeh Pro Se
Movant(s):
United States Trustee (LA) Represented By Ron Maroko
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Approve Compromise With Ultra Chem Labs, Corp., John Ten Fong Shieh, Caroline Su Kyu Shieh, Christopher Shieh, Benjamin Shieh, Patricia Shieh Armijo, And Cesar Fernando Castro
For Authority To Pay Special Counsel's Contingency Fee And Costs
Docket 123
10/17/18 - John Kreis, (213)613-1049, has been approved for telephonic appearance on 10/17/18 @ 10am
Grant motion. Approve compromise.
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Movant(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
10:00 AM
Sonia Singh
10:00 AM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
fr. 5-29-18, 1-31-17, 3-28-17, 4-11-17, 6-6-17, 9-12-17, 12-19-17, 1-9-18,
2-13-18, 6-5-18, 7-31-18, 9-27-18
Docket 1
9/20/18 - Randi Pinckes, (949)748-7480, has been approved for telephonic appearance on 9/27/18 @ 2pm
1/18/2017 -- Court approved stipulation continuing defendant's response date to March 20, 2017 and continuing status conference to March 28, 2017 at
2:00 p.m. OFF CALENDAR FOR JANUARY 31, 2017.
Tentative Ruling for March 28, 2017:
Continue status conference to April 11, 2017 at 2:00 p.m. to be heard concurrently with motion to dismis. OFF CALENDAR FOR MARCH 28, 2017.
Tentative Ruling for April 11, 2017:
Set deadline for defendants to file an answer to the existing complaint. Continue status conference approximately 60 to 90 days.
Final Ruling for April 11, 2017:
10:00 AM
Continue status conference to June 6, 2017 at 2:00 p.m. Parties will file a joint status report by May 23, 2017. Defendant must file and serve an answer to complaint by May 12, 2017.
Tentative Ruling for June 6, 2017:
According to the status report, defendant plans to bring a motion for summary judgment/partial summary adjudication of issues? Would this motion raise the same arguments that were advanced in the motion to dismiss that the court previously denied, offering the following tentative ruling:
Deny motion. The only assets that were sold to John Shieh were the specific assets identified on Exhibit A to the motion and the order granting the motion. No avoiding power claims were sold. Neither were any of the assets that the trustee alleges in the complaint were fraudulently transferred. The good faith finding relates only to the specific transaction that was the subject of the motion. The trustee never requested -- and the court never made -- a finding that the defendants had acted in good faith in connection with any other events or transactions.
There is no statute of limitations problem. The trustee is not attempting to set aside the sale. He is attempting to prosecute an avoiding power action and may file such an action before the later of 2 years after the entry of the order for relief or 1 year after the appointment of the trustee. The case was filed on January 29, 2015. This adversary proceeding was filed on November 30, 2016. That is well within two years after the commencement of the case.
Order parties to complete a day of mediation prior to date of continued status conference.
6/13/17 -- Court approved scheduling order setting following dates:
Cont'd status conference -- September 12, 2017 at 2:00 pm L/D to file joint status report -- August 29, 2017
L/D to complete discovery -- October 31, 2017
10:00 AM
L/D to complete mediation -- September 12, 2017
L/D to lodge order appointing mediators -- June 30, 2017 7/5/17 -- Court signed order appointing mediators.
Tentative Ruling for September 12, 2017:
According to status report, parties were scheduled to attend mediation before Jason Wallach on September 6. Did the mediation go forward on that date? Were they able to resolve this matter? Hearing required.
9/14/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- December 19, 2017 at 2:00 p.m.
L/D to file joint status report -- December 5, 2017 L/D to complete discovery -- December 29, 2017
Tentative Ruling for December 19, 2017:
The parties report having participated in mediation with Jason Wallach on September 6, 2017, yet they ask in the status report that the matter be sent to mediation. What are they requesting at this point? Did the parties want to utilize the services of another mediator or to return to Mr. Wallach? Have they discussed with him whether he would charge for the continued mediation?
Are the parties on track to complete their discovery by December 29? Hearing required.
12/20/17 -- Court signed scheduling order continuing status conference to January 9, 2018 at 2:00 p.m., waiving the requirement of a joint status report for that conference and extending the discovery cutoff to March 31, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar.
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2/15/18 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 29, 2018 at 2:00 pm Discovery cutoff -- May 31, 2018
L/D to file joint status report -- May 15, 2018
5/15/18 -- Court approved stipulation continuing hearing to June 5, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 29, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for June 5, 2018:
Court is confused. Defendants have included a demand for a jury trial in their joint status report. The last pleading filed in this case directed to the issues for which the defendants seek to preserve a right to jury trial was filed in May of 2017. Therefore, if defendants ever had a right to a jury trial, if this request is defendants' first demand for a jury, it is untimely. (See FRBP 9015, incorporating FRCP 38(b) and FRCP 38(b)(1)).
Status report makes reference to possible motions for summary judgment/summary adjudication. Set deadline for filing of such motions and continue status conference to a date that may be used as date of hearing on such motion(s).
Tentative Ruling for September 27, 2018:
Have the settlement documents been signed? Has an escrow been opened? Does it appear likely that the first payment will be made by October 1, 2018? Hearing required.
Tentative Ruling for October 17, 2018:
Assuming that compromise is approved, when does trustee anticipate being in a position to be able to request dismissal of the adversary proceeding?
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Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By J Scott Bovitz
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By John P Kreis
Caroline Su Kyu Shieh Represented By John P Kreis
Christopher Shieh Represented By John P Kreis
Benjamin Shieh Represented By John P Kreis
Patricia Shieh Armijo Represented By John P Kreis
Cesar Fernando Castro Represented By John P Kreis
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
10:00 AM
Docket 1121
10/16/18- Simon Aron, 310-478-4100 ext. 6601 has been approved for telephonic appearance on 10/17/18 at 10AM
Grant motion. Approve compromise.
Debtor(s):
Morry Waksberg MD Represented By Steven Karlton Kop Daniel J McCarthy William A Kent
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman Byron Z Moldo Daniel A Lev
Victor A Sahn Michael V Mancini Matthew J Eandi
10:00 AM
Docket 813
NONE LISTED -
Grant motion. Approve compromise.
Debtor(s):
Morry Waksberg MD Inc Represented By Daniel J McCarthy
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman Byron Z Moldo Daniel A Lev Matthew J Eandi
10:00 AM
Docket 31
NONE LISTED -
Grant motion. Impose fine of $500 on German Pena, Marisol Valle and Peser Legal Academy, Inc. under section 110(h)(5) for failing to turnover funds as required by prior order of the court. Issue injunction prohibiting Marisol Valle and Peser Legal Academy, Inc. from acting as a bankruptcy petition preparer in the future pursuant to section 110(j)(3).
Debtor(s):
Oscar E Salguero Represented By Luis G Torres
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
Docket 197
NONE LISTED -
Grant motion. Approve compromise.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
10:00 AM
Adv#: 2:18-01250 RND Sunset Associates, LLC v. Shepherd et al
fr. 10-9-18
Docket 1
NONE LISTED -
Assuming the compromise is approved, when do plaintiffs anticipate that they will be in a position to request dismissal of the adversary proceeding?
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
Defendant(s):
Paul Stuart Shepherd Pro Se
GiGi Renee Shepherd Pro Se
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
10:00 AM
Plaintiff(s):
RND Sunset Associates, LLC Represented By Ernest J Guadiana
10:00 AM
Approving Sale Of Business Free And Clear Of All Liens Or Interests;
Approving Overbid Procedures;
Approving The Assignment Of Real Property Lease
Granting Related Relief
Docket 132
NONE LISTED -
Grant motion. Approve sale to highest bidder. Authorize assignment of lease.
Debtor(s):
Colima BBQ, Inc Represented By Jaenam J Coe
Movant(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
10:00 AM
10:00 AM
Docket 147
NONE LISTED -
Grant.
Debtor(s):
Young Keun Park Pro Se
Trustee(s):
Elissa Miller (TR) Represented By Annie Y Stoops Aram Ordubegian Arent Fox
10:00 AM
Docket 122
NONE LISTED -
Is the debtor current on its post-petition lease obligations? Hearing required.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 1
10/15/18 - Kelly Sweeney, (805) 777-1175, has been approved for telephonic appearance on 10/17/18 @ 10am
Set bar date and deadline for serving notice of bar date.
When does debtor believe she will be in a position to propose a plan of reorganization? What has to happen before she will be in a position to propose a plan?
Is there a written lease with Henderson Mechanical? Is it at market? Is the rent current under that lease?
Hearing required.
7/19/18 -- Court approved scheduling order setting following dates: L/D to serve notice of bar date -- July 25, 2018
Bar date -- September 14, 2018
Cont'd status conference -- September 26, 2018 at 10:00 a.m. L/D to file updated status report -- September 19, 2018
9/20/18 -- Court continued hearing to October 17, 2018 at 10:00 a.m. OFF CALENDAR FOR SEPTEMBER 26, 2018.
Tentative Ruling for October 17, 2018:
Referring the court to the debtor's 7-day package is not helpful. Court does
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not have a copy of the seven day package and has not seen the debtor's projections. What steps is the debtor taking to improve cash flow? Does the debtor have any income? Is rent being paid by Henderson Mechanical? Is the rent at a market rate? Is the debtor's brother in law occupying any property owned by the debtor? Is he paying rent at a market rate?
Most recent operating report shows no deposits and significant expenditures. Why shouldn't this case be converted to chapter 7? How does the debtor anticipate being able to reorganize here?
Hearing required.
Hearing required.
Debtor(s):
Hedieh Lee Represented By
Onyinye N Anyama
11:00 AM
fr. 3-1-18, 6-7-18
Docket 918
NONE LISTED -
Tentative Ruling for March 1, 2018:
Rulings on Movant's Evidentiary Objections;
Evidentiary Objections to Perez Declaration;
Sustain.
Overrule.
Sustain.
Overrule.
Sustain.
Sustain.
Sustain.
Evidentiary Objections to Franck Declaration:
Overrule.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
11:00 AM
Sustain.
Sustain.
Tentative Ruling on Merits:
Court has not previously ruled on whether debtor and its affiliates are or are not alter egos or whether substantive consolidation would be appropriate.
Court is not prepared to summarily adjudicate whether an employee of one of Mr. Hudson's nondebtor restaurants should be treated as an employee of the debtor. Deem motion to be an adversary proceeding for procedural purposes. Give parties an opportunity to conduct discovery. Set status conference in approximately 90 days.
Final Ruling for March 1, 2018:
Court made above evidentiary rulings. Court will prepare order deeming matter to be adversary proceeding for procedural purposes and setting status conference for June 7, 2018 at 10:00 a.m. Parties shall file joint status report 14 days before date of status conference.
Tentative Ruling for June 7, 2018:
Set a deadline for filing pretrial motions, including any motion to compel further discovery, if the claimant believes that the trustee's responses to discovery requests were inadequate.
If the Court understands correctly, claimants contention here is that this estate is liable for his claims against the debtor's affiliates because the affiliates and the debtor were operated as one integrated enterprise -- in other words, because they are alter egos of one another or should be substantively consolidated with one another and not because of some fraudulent conduct that was unique to this claimant that should permit him to rely on the creditworthiness of the debtor. If the court's understanding is correct, there are other parties that must be named in this action. (The court is not going to adjudicate the issue of substantive consolidation unless it would bind all parties to the outcome.) If the claimant wants to proceed with this claim, Herbert Hudson and the other entities that he owns are necessary parties here.
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(Does Mr. Aver have appropriate conflict waivers here? Can he represent both Beesley, one of the largest creditor of this bankruptcy estate, and Perez, who seeks to assert a large claim against this estate, whose claim, if allowed, would significantly extend the time necessary to pay allowed claims under the plan? Would it be in the best interest of creditors of this estate generally to have the nondebtor entities consolidated into the estate?)
6/15/18 -- Court signed scheduling order setting following dates:
Cont'd status conference -- October 17, 2018 at 11:00 a.m. L/D to file joint status report -- October 6, 2018
L/D to complete mediation (with nondebtor entities) -- October 17, 2018 L/D to lodge order appointing mediators -- July 2, 2018
Tentative Ruling for October 17, 2018:
Enter an order continuing status conference to December 12, 2018 at 11:00
a.m. and extending deadline for parties to complete mediation to that same date. APPEARANCES WAIVED ON OCTOBER 17, 2018.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
11:00 AM
fr 5-11-16, 6-7-16, 7-21-16, 7-27-16, 9-28-16, 10-18-16, 11-29-16, 12-7-16,
3-8-17, 6-14-17, 7-11-17, 7-26-17, 8-15-17, 10-18-17, 1-10-18, 2-14-18, 3-1-18,
6-7-18
Docket 1
NONE LISTED -
Docket reflects service of notice of bar date, which is good, but where is the order actually establishing the bar date that is necessary in a chapter 11 case and that was expressly requested by the Court? When will the debtor be in a position to formulate a chapter 11 plan?
Has the debtor given any additional thought to retaining a responsible officer or other disinterested person?
Hearing required.
6/7/16 -- Court approved order setting following dates: Bar date -- July 15, 2016
L/D to serve notice of bar date -- May 13, 2016 L/D to file plan -- September 30, 2016
Cont'd status conference -- June 7, 2016 at 3:00 p.m.
Tentative Ruling for July 21, 2016:
Where is the case status report that should have been filed by July 8, 2016?
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7/20/16 -- At hearing held this date, Court heard status conference, as all parties were present and continued status conference to July 27, 2016 at 10:00 as a holding date (no status report required for this one status conference). Court will set further continued status conference at that time. OFF CALENDAR FOR JULY 21, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for July 27, 2016:
Continue case status conference to same date as a future hearing in this chapter 11 case, perhaps the date for the hearing on the examiner's report. Set deadline for filing of updated status report.
Tentative Ruling for September 28, 2016:
Discuss with parties disturbing report from examiner and failure to debtor to adequately address in its response many issues raised by the examiner, any one of which taken alone could be sufficient to warrant the appointment of a trustee.
Tentative Ruling for October 19, 2016:
What has transpired since the trustee was appointed? Where does the trustee see this case going? Hearing required.
11/28/16 -- Court approved stipulation continuing hearing to December 7, 2016 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 30, 2016. NO
APPEARANCE REQUIRED.Hearing required.
Tentative Ruling for December 7, 2016:
What is the status of the trustee's administration of this case? Hearing required.
Tentative Ruling for March 8, 2017:
The case status conference does not mention any investigation or analysis by
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the trustee of any possible substantive consolidation issues. Has the trustee commenced or concluded such an analysis? Does the trustee have a sense yet as to whether he is likely to proceed with a sale of the company as distinguished from an internal reorganization? Hearing required.
Tentative Ruling for June 14, 2017:
Continue case status conference to July 11, 2017 at 2:00 p.m. to be held concurrently with trustee's motion for summary judgment in the IP adversary proceeding. Trustee need not file new case status report in connection with that status conference.
APPEARANCES WAIVED ON JUNE 14, 2017.
Tentative Ruling for July 26, 2017:
Revisit status of case after conclusion of hearing on trustee's motion for summary judgment.
Tentative Ruling for August 16, 2017:
Court waived the requirement that the trustee file an updated status report in connection with this status conference and set this date as a holding date.
Are there any upcoming hearings scheduled in this chapter 11 case?
Final Ruling for August 16, 2017:
Continue status conference to October 18, 2017 at 2:00 p.m. Updated status report should be served and filed not later than October 6, 2017.
Tentative Ruling for October 18, 2017:
Continue case status conference to January 10, 2018 at 2:00 p.m.
Disclosure statement should be noticed for same date and time, provided it is filed and served not less than 42 days before this date. Waive requirement of updated status report. APPEARANCES WAIVED ON OCTOBER 18, 2017.
11:00 AM
1/9/18 -- Court approved stipulation continuing status conference to February 14, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 10, 2018.
Tentative Ruling for February 14, 2018:
Continue case status conference to March 1, 2018 at 10:00 a.m. to be heard concurrently with other matters on calendar at that date and time. OFF CALENDAR FOR FEBRUARY 14, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for June 6, 2018:
Revisit status of case after conclusion of hearing on plan confirmation.
Tentative Ruling for October 17, 2018:
Court has reviewed post-confirmation status report. Continue post- confirmation status conference to February 6, 2019 at 11:00 a.m. Plan Trustee should file and serve updated status report not later than January 25, 2019. APPEARANCES WAIVED ON OCTOBER 17, 2018.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
Adv#: 2:17-01384 McKenzie v. Bustamante
fr. 10-17-17, 1-30-18, 3-20-18, 5-8-18, 6-5-18, 6-26-18
Docket 1
NONE LISTED -
Set discovery cutoff for February 1, 2018. Continue status conference to approximately same time frame. Order parties to complete a day of mediation prior to date of continued status conference.
10/20/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- January 30, 2018 at 2:00 p.m.
L/D to file and serve joint status report -- January 16, 2018
L/D to lodge order appointing mediator and alternate mediator -- 11/17/17 L/D to complete mediation -- January 30, 2018
Tentative Ruling for January 30, 2018:
The titles on the status reports were a bit confusing. Court assumes that parties have now both signed off on the report most recently filed January 17, 2018 as docket no. 14?
Case was closed without a discharge in October of 2017 based upon the debtor's failure to file a certificate evidencing the completion of a credit counseling course. This situation is easily remedied with the filing of a form
10:00 AM
motion to reopen to permit the filing of the credit counseling certificate. Parties should have proceeded with mediation.
Does debtor intend to file such a motion? If not, why not? Hearing required.
3/6/18 -- Court signed order appointing mediators. Tentative Ruling for March 20, 2018:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order with dates set at prior status conference. (Cont'd status conference -- March 20, 2018 at 2:00 p.m.; L/D to file updated status report -- March 6, 2018; Extended deadline for completion of mediation -- March 20, 2018; L/D to lodge order appointing mediators -- February 16, 2018). Court signed order appointing mediators, but never received scheduling order.
Did the parties completed the mediation scheduled for March 15? Hearing required.
Tentative Ruling for May 8, 2018:
Mediator has filed certificate of completion, reflecting that mediation was conducted but that matter did not settle. Impose sanctions on the parties for failing to lodge joint pretrial order in a timely manner. Parties filed pretrial stipulation and lodged order approving it on April 30. This is late and is not the procedure that Judge Bluebond requires.
Tentative Ruling for June 5, 2018:
Court has received plaintiff's unilateral pretrial order, but where is the accompanying declaration required by LBR 7016-1(e)? Discuss with parties the status of the state court action and the interaction between that lawsuit and this one. Hearing required.
Tentative Ruling for June 26, 2018:
10:00 AM
Declaration from plaintiff's counsel adequately details efforts made by plaintiff's counsel to obtain input from defendant's counsel. Court is prepared to sign the latest proposed pretrial lodged (order #5761513), subject to the following modifications:
Delete paragraphs 4 and 5 on page 5. There is no affirmative recovery here. There is no counterclaim asserted. Defendant can defend against plaintiff's allegations in an effort to avoid entry of judgment, but these vague assertions of some allegedly false representations are not sufficient to state a claim for damages that could serve as an offset nor to overcome nondischargeable liability for plaintiff's damages if plaintiff can prove the claims he alleges. Two wrongs don't make a right. Recording a deed that you were not supposed to record and encumbering property that doesn't belong to you is not a form of self-help that one can use if one is upset about having purchased property in reliance on what proved to be false representations about how much it would cost to start up your business. And nothing contained in either the answer to complaint or the pretrial order provides the level of detail necessary to state a claim for fraudulent misrepresentations. Defendant had his opportunity to attempt to state such a claim by way of offset and has failed to do so.
Delete paragraph 15 on pages 6 through 7 for the same reason.
Remove the "ed" at the end of the words, "remained" and "reflected" on page 6 at lines 1 and 16.
Delete paragraph 4 on page 7 for the reasons set forth in paragraph 1 above.
Add the following required recitation: “The foregoing admissions have been made by the parties, and the parties have specified the foregoing issues of fact and law remaining to be litigated. Therefore, this order supersedes the pleadings and governs the course of trial of this cause, unless modified to prevent manifest injustice.”
Tentative Ruling for October 18, 2018:
Defendant did not file any declarations or a trial brief and is barred from doing so
10:00 AM
now. Defendnt will be limited to oral argument about the extent to which plaintiff has satisfied his burden of proof with regard to the elementse of the various claims asserted in the complaint.
It does not appear that plaintiff will be able to state a claim under section 523(a)(4). If court understands facts correctly, it was escrow that was to be the trustee, not the defendant. A constructive trust isn't sufficient for liability under section 523(a)(4).
There must be an express trust existing before the alleged defalcation for there to be liability for breach of fiduciary duty under this section.
Debtor(s):
Anthony Bustamante Represented By Dana M Douglas
Defendant(s):
Anthony Bustamante Represented By Dana M Douglas
Plaintiff(s):
Gary McKenzie Represented By Ronald D Tym
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: THE BANK OF NEW YORK MELLON
Docket 14
10/5/18 - Case dismissed
Deny motion as moot. Case has been dismissed and motion does not seek in rem relief or annulment. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Luis Raul Alvarado Pro Se
Movant(s):
THE BANK OF NEW YORK Represented By
Erin M McCartney
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: PENNYMAC LOAN SERVICES, LLC.
Docket 12
10/5/18 - Case dismissed
Grant motion, including waiver of Rule 4001(a)(3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included the transfer of an interest in property without movant's consent and multiple bankruptcy filings affecting this property.
Debtor(s):
Luis Raul Alvarado Pro Se
Movant(s):
PennyMac Loan Services, LLC Represented By
Erin M McCartney
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: CAB WEST, LLC.
Docket 21
10/15/18 - Jennifer H. Wang, (714) 431-1058, has been approved for telephonic appearance on 10/23/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Movant(s):
Cab West LLC Represented By Jennifer H Wang
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: ETSD VENTURE CAPITAL, LLC.
Docket 22
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Kwang T Kim Pro Se
Movant(s):
ETSD Venture Capital, LLC. Represented By Paul E Gold
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: FIRST GOLDEN INVESTMENTS, LLC.
Docket 7
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Oscar Blanco Rodriguez Represented By Khushwant Sean Singh
Movant(s):
First Golden Investments, LLC Represented By Joseph Cruz
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: ESSEX SANTEE COURT LP
Docket 8
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Omar Pasha Pro Se
Movant(s):
Essex Santee Court LP Represented By Carol G Unruh
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:09-02063 Rubin v. Ross
Complaint by Jason Rubin against David Leonard Ross fr. 1-23-18, 4-10-18, 7-3-18, 9-4-18, 10-9-18
Docket 1
NONE LISTED -
Set date for pretrial conference. Parties should lodge joint pretrial order two weeks before pretrial conference. Do parties anticipate filing any additional pretrial motions?
6/27/18 -- Court approved stipulation continuing pretrial conference to September 4, 2018. OFF CALENDAR FOR JULY 3, 2018.
8/28/18 -- Court approved stipulation continuing pretrial conference to October 9 (instead of October 2), 2018 at 2:00 p.m. OFF CALENDAR FOR
SEPTEMBER 4, 2018.
9/28/18 -- Court approved stipulation continuing pretrial conference to October 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 9, 2018.
Tentative Ruling for October 23, 2018:
There is no right to a jury trial in an action under bankruptcy code section 727 or 523 and, even if there had been such a right, it has long since been waived. Court has a number of questions concerning the form of the pretrial order that will be discussed on the record at the time of hearing.
2:00 PM
Debtor(s):
David Leonard Ross Represented By Benjamin Nachimson
Seyed Mohammad R Kazerouni Michael L Tusken
Defendant(s):
David Leonard Ross Represented By
Seyed Mohammad R Kazerouni
Plaintiff(s):
Jason Rubin Represented By
Barry R Wegman Stephan A Mills Franklin C Adams Cathy Ta
J. Alexandra Rhim Rosendo Gonzalez
Trustee(s):
James L Brown (TR) Pro Se
2:00 PM
Adv#: 2:12-01805 Fox et al v. Kamen
fr. 8-21-12, 8-28-12, 1-31-13, 3-28-13, 5-28-13, 11-5-13, 5-27-14, 12-2-14,
5-5-15, 11-3-15, 2-2-16, 5-24-16, 8-30-16, 10-18-16, 2-7-17, 4-25-17, 5-9-17,
6-27-17, 7-6-17, 7-11-17, 10-5-17, 10-31-17, 1-30-18, 4-3-18, 7-17-18
Docket 1
10/17/18 - Han Pai, (213) 622-9108, has been approved for telephonic appearance on 10/23/18 @ 2pm
11/27/12 -- Court approved stipulation continuing hearing to March 28, 2013 at 10:00 a.m. OFF CALENDAR FOR JANUARY 31, 2013.
2/1/13 -- Court approved stipulation continuing hearing to May 28, 2013 at 2:00 p.m. OFF CALENDAR FOR MARCH 28, 2013.
3/11/13 -- Court approved stipulation continuing hearing to November 5, 2013 at 2:00 p.m. OFF CALENDAR FOR MAY 28, 2013.
OFF CALENDAR. COURT SIGNED STIPULATION CONTINUING HEARING TO MAY 27, 2014 AT 2:00 P.M.
10/6/14 -- Court signed stipulation setting following dates: L/D to file amended complaint -- March 31, 2015
L/D to respond to amended complaint -- April 30, 2015 Cont'd status conference -- May 5, 2015 at 2:00 p.m.
2:00 PM
L/D to object to debtor's discharge -- March 31, 2015.
4/6/15 -- Court signed stipulation setting following dates: L/D to file amended complaint -- September 30, 2015
L/D to respond to amended complaint -- October 30, 2015 Cont'd status conference -- November 3, 2015 at 2:00 p.m. L/D to object to debtor's discharge -- September 30, 2015
OFF CALENDAR FOR MAY 5, 2015.
Tentative Ruling for February 2, 2016:
Revisit status of action after conclusion of hearing on motion for extension of time to file amended complaint.
Tentative Ruling for May 24, 2016:
Order parties to complete a day of mediation prior to date of continued status conference. Continue status conference approximately 90 days.
6/3/16 -- Court signed scheduling order setting following dates: Cont'd status conference -- August 30, 2016 at 2:00 p.m.
L/D to file joint status report -- August 16, 2016
L/D to lodge order appointing mediator -- June 20, 2016 L/D to complete mediation -- August 30, 2016.
8/5/16 -- Court approved order appointing mediator.
Tentative Ruling for August 30, 2016:
Where is the status report that should have been filed by August 16, 2016? Have the parties completed a day of mediation? Hearing required.
9/23/16 -- Court approved scheduling order setting following dates:
2:00 PM
Cont'd status conference -- October 18, 2016 at 2:00 L/D to file joint status report -- October 4, 2016
L/D to complete mediation extended to October 18, 2016
Tentative Ruling for October 18, 2016:
Parties have now completed mediation, which apparently was not successful. Have parties commenced discovery? Hearing required.
Final Ruling for October 18, 2016:
Continue hearing to February 7, 2017 at 2:00 p.m. Parties shall file joint status report not later than January 24, 2017.
Tentative Ruling for February 7, 2017:
Both parties report that there are motions that they intend to file. Set deadline(s) for the filing of these motions and continue status conference to date that can be used for these hearings.
Tentative Ruling for April 25, 2017:
Joint status report due April 11 was filed on April 19, 2017. Court is confused by the discussion of Mel Kaftan in the status report. Are there possible criminal charges that might be filed against him? If not, even if he might have received preferential transfers, he has no right to refuse to testify if subpoenaed and cannot require the trustee to dismiss claims against him as a condition to his cooperation. What is the court missing?
Hearing required.
5/3/17 -- Court approved stipulation continuing hearing to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 27, 2017:
Where is the joint status report that should have been filed two weeks before
2:00 PM
the status conference? Hearing required.
6/26/17 -- Court approved stipulation continuing hearing to July 6, 2017 at 10:00 a.m. OFF CALENDAR FOR JUNE 27, 2017.
6/30/17 -- Court continued hearing to July 11, 2017 at 2:00 p.m. so that it may be heard concurrently with related matters. OFF CALENDAR FOR JULY 6, 2017. NO APPEARANCE REQUIRED.
Tentative Ruling for July 11, 2017:
Tentative ruling for June 27 remains unchanged.
9/22/17 -- Court continued hearing to October 31, 2017 at 2:00 p.m. so that it may be heard concurrently with related matters. OFF CALENDAR FOR OCTOBER 5, 2017. NO APPEARANCE REQUIRED.
Where is the joint status report that should have been filed two weeks prior to the status conference? What is the status of this matter? Hearing required.
Tentative Ruling for January 30, 2018:
At request of plaintiff for reasons set forth in joint status report, continue status conference to April 3, 2018 at 2:00 p.m. Parties should file joint status report two weeks prior to continued status conference. OFF CALENDAR FOR JANUARY 30, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for April 3, 2018:
Set discovery cutoff for approximately 90 to 120 days and continue status conference to approximately same time frame.
4/11/18 -- Court approved scheduling order setting following dates: Cont'd status conference -- July 17, 2018 at 2:00 p.m.
L/D to file joint status report -- July 3, 2018 L/D to complete discovery -- 11/13/2018
Tentative Ruling for July 17, 2018:
2:00 PM
Court is confused. Why did plaintiffs refile on July 6, 2018 the same status report submitted by the parties in March? Where is the new status report that should have been filed by July 3, 2018? Did the plaintiffs take a deposition of Melvin Kaftan in Michigan in June?
Hearing required.
(New status report was filed on July 12, 2018, which was late. Did plaintiff take deposition of Melvin Kaftan in Michigan in June? Set deadline for plaintiff to file motion for summary judgment.)
Final Ruling from July 17, 2018:
Deposition of Melvin Kaftan did not go forward. Parties are negotiating an offer of proof in lieu of the deposition. Continue status conference to October 23, 2018 at 2:00 p.m. Parties should file joint status report not later than October 9, 2018.
Tentative Ruling for October 23, 2018:
Joint status report was not filed until October 17, 2018. Discovery cutoff is currently set for November 13, 2018. Set date for pretrial conference and deadline for filing pretrial motions.
Debtor(s):
Michael Joel Kamen Represented By Leslie A Cohen Neal Salisian Richard H Lee
Defendant(s):
Michael Joel Kamen Represented By Richard H Lee
2:00 PM
Plaintiff(s):
Commerce Drive, LP Represented By Andy Kong James KT Hunter
Soledad Commons, LLC Represented By Andy Kong James KT Hunter
South City Wichita Partners, LLC Represented By
Andy Kong James KT Hunter
Larchmere Partners, LLC Represented By Andy Kong James KT Hunter
Garson Victory, LLC Represented By Andy Kong James KT Hunter
501 Grant Street Partners, LLC Represented By Andy Kong James KT Hunter
111 Sunset, LP Represented By Andy Kong James KT Hunter
Center City Tower, LP Represented By Andy Kong James KT Hunter
201 North Brand, LLC Represented By Andy Kong James KT Hunter
357 South Broadway, LLC Represented By Andy Kong James KT Hunter
2:00 PM
1530 West Covina Parkway, LLC Represented By
Andy Kong James KT Hunter
Gerson & Gertrude Fox Family Trust Represented By
Andy Kong James KT Hunter
Gertrude Fox Represented By
Andy Kong James KT Hunter
Benjamin Nachimson
Gerson Fox Represented By
Andy Kong James KT Hunter
Benjamin Nachimson
Elissa D. Miller Represented By Ryan D ODea
Trustee(s):
Richard J Laski (TR) Represented By Jonathan M Weiss Sasha M Gurvitz
2:00 PM
Adv#: 2:18-01275 Dolce et al v. Kendrick
Docket 1
NONE LISTED -
Set deadline for plaintiff to file request for entry of default and motion for entry of default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Daryl G Kendrick Pro Se
Defendant(s):
Daryl G Kendrick Pro Se
Plaintiff(s):
Edward Dolce Represented By James J Orland
Lotte Dolce Represented By
James J Orland
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:18-01016 Kanowski v. Walker et al
Christopher Douglas Walker fr. 3-20-18, 6-26-18, 8-28-18
Docket 1
NONE LISTED -
Parties have both requested mediation. Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
3/22/18 -- Court approved scheduling order with following dates: Cont'd status conference -- June 26, 2018 at 2:00 p.m.
L/D to file joint status report -- June 12, 2018
L/D to file order appointing mediator -- April 9, 2018 L/D to complete mediation -- June 26, 2018
4/9/18 -- Court signed order appointing mediators.
Tentative Ruling for June 26, 2018:
Discuss with parties whether this matter has, or has not, been settled.
Tentative Ruling for August 28, 2018:
Notation on court's calendar indicated that the reason for the 60 day continuance was to give the parties an opportunity to file their settlement
2:00 PM
agreement with the court. Has the agreement been filed? If not, why not? Hearing required.
10/10/18 -- Court approved stipulation dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Christopher Douglas Walker Represented By Raymond J Bulaon
Defendant(s):
Laura Ann Walker Represented By Barry R Wegman
Christopher Douglas Walker Represented By Barry R Wegman
Joint Debtor(s):
Laura Ann Walker Represented By Raymond J Bulaon
Plaintiff(s):
Michelle Kanowski Represented By Michael Y Lo Kelvin J Lo
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:18-01271 Raymer v. WELLS FARGO BANK, N.A.
Docket 1
NONE LISTED -
10/17/18 -- Court approved stipulation dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Wayne Carlton Raymer Represented By Michael Jones
Defendant(s):
WELLS FARGO BANK, N.A. Pro Se
Plaintiff(s):
Wayne Carlton Raymer Represented By Michael Jones
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01224 Time Warner Cable Pacific West LLC v. Figueroa et al
Docket 9
10/15/18 - Nelson R. Boylan, (661) 878-0800, has been approved for telephonic appearance on 10/23/18 @ 2pm
State court judgment doesn't reflect theories under which judgment was entered. Court needs additional information to determine whether elements required for entry of judgment in this action were actually and necessarily decided in the state court action. Court needs to see a copy of the complaint in the LASC action.
Hearing required.
Debtor(s):
Joel De Jesus Figueroa Represented By Daniel A DeSoto
Defendant(s):
Joel De Jesus Figueroa Pro Se
Ana Figueroa Pro Se
Joint Debtor(s):
Ana Miriam Figueroa Represented By Daniel A DeSoto
Movant(s):
Time Warner Cable Pacific West Represented By
Nelson R Boylan
2:00 PM
Plaintiff(s):
Time Warner Cable Pacific West Represented By
Nelson R Boylan
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01224 Time Warner Cable Pacific West LLC v. Figueroa et al
fr. 9-26-18
Docket 1
10/15/18 - Nelson R. Boylan, (661) 878-0800, has been approved for telephonic appearance on 10/23/18 @ 2pm
Set deadline for plaintiff to file request for entry of default and motion for entry of default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Joel De Jesus Figueroa Represented By Daniel A DeSoto
Defendant(s):
Joel De Jesus Figueroa Pro Se
Ana Figueroa Pro Se
Joint Debtor(s):
Ana Miriam Figueroa Represented By Daniel A DeSoto
Plaintiff(s):
Time Warner Cable Pacific West Represented By
2:00 PM
Trustee(s):
Nelson R Boylan
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01230 Brubaker v. Firstmark Access Group et al
Docket 5
10/15/18 - Scott A. Schiff, (310) 276-2026, has been approved for telephonic appearance on 10/23/18 @ 2pm
10/18/18 - Lisa Brubaker, (917) 450-4018, has been approved for telephonic appearance on 10/23/18 @ 2pm
Tentative Ruling for September 26, 2018:
The court needs to make a factual finding of undue hardship, for which it needs more than the debtor's conclusory assertion to this effect. Continue hearing to give debtor an opportunity to supplement the record with additional information including a breakdown of what debtor's income and expenses are each month, efforts she has made to increase her income or reduce her expenses, how/why she has been paying $700 per month but cannot now pay
$450 per month.
Final Ruling for September 26, 2018:
Continue hearing to October 23, 2018 at 2:00 p.m. Proposed counsel for defendant explained that plaintiff has named wrong party. Real party in interest has filed motion to be substituted in, which is set for hearing on October 23, 2018 at 2:00 p.m. (Court instructed plaintiff not to supplement motion at this juncture. Correct parties need to be brought into lawsuit.)
Tentative Ruling for October 23, 2018:
2:00 PM
Revisit status of motion after conclusion of related matters on calendar.
Debtor(s):
Lisa Nicole Brubaker Pro Se
Defendant(s):
Educational Credit Management Represented By
Scott A Schiff
AccessLex Institute dba Access Represented By Scott S Weltman
Firstmark Access Group Pro Se
Nelnet Loan Service Inc Pro Se Deutsche Bank ELT Access Group Pro Se
Movant(s):
Lisa Nicole Brubaker Pro Se
Plaintiff(s):
Lisa Nicole Brubaker Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01230 Brubaker v. Firstmark Access Group et al
Docket 13
10/15/18 - Scott A. Schiff, (310) 276-2026, has been approved for telephonic appearance on 10/23/18 @ 2pm
10/18/18 - Lisa Brubaker, (917) 450-4018, has been approved for telephonic appearance on 10/23/18 @ 2pm
Grant motion. Permit Accesslex Institute to substitute in as real party in interest on behalf of defendants Firstmark Access Group and Deutsche Bank ELT Access Group.
Debtor(s):
Lisa Nicole Brubaker Pro Se
Defendant(s):
Educational Credit Management Represented By
Scott A Schiff
AccessLex Institute dba Access Represented By Scott S Weltman
Firstmark Access Group Pro Se
Nelnet Loan Service Inc Pro Se Deutsche Bank ELT Access Group Pro Se
2:00 PM
Movant(s):
AccessLex Institute dba Access Represented By Scott S Weltman
Plaintiff(s):
Lisa Nicole Brubaker Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01230 Brubaker v. Firstmark Access Group et al
fr. 9-26-18
Docket 1
10/15/18 - Scott A. Schiff, (310) 276-2026, has been approved for telephonic appearance on 10/23/18 @ 2pm
10/18/18 - Lisa Brubaker, (917) 450-4018, has been approved for telephonic appearance on 10/23/18 @ 2pm
Revisit status of action after conclusion of related matters on calendar.
Debtor(s):
Lisa Nicole Brubaker Pro Se
Defendant(s):
Firstmark Access Group Pro Se
Nelnet Loan Service Inc Pro Se Deutsche Bank ELT Access Group Pro Se Educational Credit Management Represented By
Scott A Schiff
AccessLex Institute dba Access Represented By Scott S Weltman
2:00 PM
Plaintiff(s):
Lisa Nicole Brubaker Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
fr. 9-13-18
Docket 192
NONE LISTED -
Tentative Ruling for September 13, 2018:
Court has not received any response to OSC. Issue order holding Dianne Sanchez in contempt for failing to respond to the subpoena served upon her and to appear for her deposition. Ms. Sanchez may purge contempt by appearing and producing documents at a future date and time. Award attorneys' fees and costs referenced in OSC.
Final Ruling for September 13, 2018:
Granted in part and continued in part. Court will enter interim order holding Sanchez in comtempt and (1) requiring payment of sections of $1,075.73 within 30 days after entry of order (by cashier's check), the payment of which may be enforced as a money judgment; (2) requiring Ms. Sanchez to either produce documents by September 19, 2018 or provide a declaration under penalty of perjury by that date attesting to the fact that she has tried diligently to locate the requested documents but cannot do so; and (3) requiring Ms.
Sanchez to appear for her deposition on September 20, 2018 at 9:30 a.m. in the attorney conference room outside of Judge Bluebond's chambers.
Court continued hearing to October 23, 2018 at 2:00 p.m. to give Ms. Sanchez an opportunity to purge her contempt by complying with the court's order. (Written order memorializing this entered September 14, 2018.)
2:00 PM
Tentative Ruling for October 23, 2018:
What is the status of this matter? Has Ms. Sanchez complied with this Court's September 14 order? Hearing required.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Video Symphony, LLC Represented By Samuel Price
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
Docket 207
NONE LISTED -
Based on the Court's in camera review of the documents provided by the Dept. of Education, in addition to the two investigators, there are appear to be 6 individuals mentioned in the documents who are not on the list of the parties who were given notice of the instant motion. Discuss with the parties how best to ensure that these parties receive notice.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Video Symphony, LLC Represented By Samuel Price
Movant(s):
Richard K. Diamond, Chapter 7 Represented By
2:00 PM
Michael G D'Alba Howard Kollitz Walter K Oetzell
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
Docket 209
NONE LISTED -
The Court's order from September of 2017, which has not been stayed, reversed or vacated, requires Flanagan to turnover collections from unperfected transfers. Motion seeks sequestration of these funds. To the extent that these funds are turned over to the trustee at some point, they will be a credit against the amount of any judgment that would otherwise have been entered against Flanagan. Flanagan should also provide an accounting of all collections that he has received from unperfected transfers from and after the date of the transfers. Court agrees that it is appropriate for Flanagan to receive reimbursement of collection costs from these collections. Parties need to agree upon, or court needs to adjudicate, reasonable compensation structure for collection work.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
2:00 PM
Video Symphony, LLC Represented By Samuel Price
Movant(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
Docket 211
NONE LISTED -
Grant motion. There is no applicable privilege and documents may indeed be relevant to determine whether defendant has received any collections that rightfully belong to the estate.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Video Symphony, LLC Represented By Samuel Price
Movant(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
2:00 PM
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
fr. 8-30-16, 10-4-16, 11-29-16, 4-4-17, 4-25-17, 5-9-17, 6-13-17, 8-22-17,
10-3-17, 2-6-18, 2-13-18, 6-5-18, 9-11-18
Docket 1
NONE LISTED -
8/11/16 -- Court approved stipulation continuing status conference to October 4, 2016 at 2:00 p.m. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for November 29, 2016:
Revisit status of action after conclusion of related matters on calendar.
3/21/17 -- Court approved stipulation continuing hearing to April 25, 2017 at 2:00 p.m. OFF CALENDAR FOR APRIL 4, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
2:00 PM
Revisit status of action after conclusion of related matters on calendar.
8/14/17 -- Court approved stipulation extending certain dates and continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 22,
2017.
Tentative Ruling for October 3, 2017:
Revisit status of action after conclusion of related matters on calendar.
2/5/18 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 5, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar. 2/20/18 -- Court approved scheduling order with following dates: Cont'd status conference -- June 5, 2018 at 2:00 p.m.
L/D to file joint status report -- May 22, 2018 Discovery cutoff -- August 17, 2018
Tentative Ruling for June 5, 2018:
Extend discovery cutoff to March 2019 and order the parties to mediation.
6/11/18 -- Court approved order setting following dates:
Cont'd status conference -- September 11, 2018 at 2:00 pm L/D to serve and file joint status report -- August 28, 2018 L/D to complete discovery -- March 29, 2019
Tentative Ruling for September 11, 2018:
2:00 PM
Continue status conference until early January, 2019. Order parties to complete a day of mediation prior to date of continued status conference.
Tentative Ruling for October 23, 2018:
Revisit status of action after conclusion of related matters on calendar.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Video Symphony, LLC Represented By Samuel Price
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
Adv#: 2:16-01480 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
fr. 1-10-17, 4-4-17, 4-25-17, 5-9-17, 6-13-17, 8-22-17, 10-3-17, 2-6-18, 2-13-18,
6-5-18, 9-11-18
Docket 1
NONE LISTED -
12/22/16 -- Court approved stipulation continuing hearing to April 4, 2017 at 2:00 p.m. and waiving status report for that conference. OFF CALENDAR FOR JANUARY 10, 2017. NO APPEARANCE REQUIRED.
3/21/17 -- Court approved stipulation continuing hearing to April 25, 2017 at 2:00 p.m. OFF CALENDAR FOR APRIL 4, 2017.
HEARING CONTINUED TO MAY 9, 2017 AT 2:00 P.M. OFF CALENDAR FOR APRIL 25, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
Revisit status of action after conclusion of related matters on calendar.
2:00 PM
8/14/17 -- Court approved stipulation extending certain dates and continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 22,
2017.
Tentative Ruling for February 6, 2018:
Revisit status of action after conclusion of related matters on calendar.
2/5/18 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 5, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar. 2/20/18 -- Court approved scheduling order with following dates: Cont'd status conference -- June 5, 2018 at 2:00 p.m.
L/D to file joint status report -- May 22, 2018 Discovery cutoff -- August 17, 2018
Tentative Ruling for June 2, 2018:
Extend discovery cutoff to March 2019 and continue status conference approximately 90 days.
6/11/18 -- Court approved order setting following dates:
Cont'd status conference -- September 11, 2018 at 2:00 pm L/D to serve and file joint status report -- August 28, 2018 L/D to complete discovery -- March 29, 2019
Tentative Ruling for October 23, 2018:
Continue to trail this action along with matter on calendar as number 214.
2:00 PM
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Alice Yick Flanagan Represented By Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
fr. 10-4-17, 11-15-17, 2-14-18, 5-9-18, 5-30-18, 6-27-18, 7-18-18, 10-2-18
Docket 149
NONE LISTED -
9/28/17 -- Court approved stipulation continuing hearing to November 15, 2017 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for February 14, 2018:
What is the status of this matter? According to this Court's October 18 order, litigation against SNS is to be stayed until orders are entered resolving the Kamana Litigation. Has this occurred? If not, what is the parties' current time estimate as to when this is likely to have occurred. Hearing required.
2/23/18 -- Court signed scheduling order setting deadline of April 20, 2018 for movant to file an advesary proceeding against claimant asserting affirmative claims and any objections to claim. Hearing continued to May 9, 2018 at 10:00 am.
Tentative Ruling for May 9, 2018:
Has debtor filed an adversary proceeding against claimant? If so, should this claim objection be withdrawn without prejudice? Hearing required.
5/21/18 -- Court approved stipulation continuing hearing to June 27, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
Tentative Ruling for June 27, 2018:
2:00 PM
Revisit status of objection after conclusion of related matter on calendar.
Final Ruling for June 27, 2018:
Continue claim objection to date of hearing on motion to abstain (July 18, 2018 at 10:00 a.m.) If court elects to abstain, it will need to deal with issue raised by the debtor of possible statute of limitations problem raised by possible running of statute of limitations for malpractice claim on July 27, 2018.
Tentative Ruling for July 18, 2018:
Revisit status after conclusion of hearing on motion to abstain.
9/18/18 -- Court approved stipulation continuing hearing to October 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Tentative Ruling for October 23, 2018:
Call with matter no. 219. Continue hearings to give trustee an opportunity to review this matter and assess how he/she intends to proceed.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Movant(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
2:00 PM
fr. 9-28-16, 1-11-17, 1-24-17, 3-29-17, 6-7-17, 8-15-17, 9-7-17, 11-29-17,
1-10-18, 4-25-18, 8-1-18, 10-2-18
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. Continue case status conference for approximately 30 days.
10/4/16 -- Court signed order setting following dates:
L/D to serve notice of bar date -- October 5, 2016 Bar date -- November 18, 2016
Cont'd case status conference -- January 11, 2017 at 11:00 a.m.
L/D to file updated status report -- December 23, 2016 Tentative Ruling for January 11, 2017:
Continue case status conference to January 24, 2017 at 2:00 p.m. to be heard concurrently with related litigation. APPEARANCES WAIVED ON JANUARY 11, 2017. (Debtor need not file updated status report for January 24 status conference.)
Tentative Ruling for January 24, 2017:
Discuss with debtor whetheri it is possible for it to propose and confirm a plan of reorganization prior to the resolution of the pending litigation. Hearing required.
Tentative Ruling for March 29, 2017:
2:00 PM
What, if anything, has transpired since last status conference? Are there continuing business operations, and, if so, how is the debtor's business doing? Hearing required.
Tentative Ruling for June 7, 2017:
Court waived the requirement that an updated status report be filed. What, if anything, has transpired since the last status conference? Hearing required.
Tentative Ruling for August 15, 2017:
Court granted unilateral motion for a continuance and continued hearing on Anti-SLAPP motion to September 7, 2017 at 10:00 a.m. Continue case status conference to same date and time so that it may be heard concurrently with adversary proceeding. OFF CALENDAR FOR AUGUST 15, 2017.
Tentative Ruling for September 7, 2017:
Revisit status of case after conclusion of hearing on related matters.
Tentative Ruling for January 10, 2018:
The court waived the requirement that an updated status report be filed. What is the status of this matter? What, if anything, has happened since last status conference? When will the debtor be in a position to propose a chapter 11 plan? Hearing required.
Tentative Ruling for April 25, 2018:
Is the debtor conducting any business other than attempting to collect on accounts that had formerly been paying money (or refusing to pay money) to Kamana? Is there really enough of a business here to reorganize? Hearing required.
Final Ruling for April 25, 2018:
Continue case status conference to August 1, 2018 at 11:00 a.m. Debtor
2:00 PM
should file and serve updated status report by July 20, 2018.
Tentative Ruling for August 1, 2018:
Where is the status report that debtor was to file by July 20, 2018?
Tentative Ruling for October 2, 2018:
Where is the status report that debtor was to file by September 18, 2018?
Tentative Ruling for October 23, 2018:
Case has been converted to chapter 7. Take chapter 11 status conference off calendar.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
2:00 PM
Adv#: 2:16-01349 Lite Solar Corp. v. KAMANA O'KALA, LLC et al
fr. 10-4-16, 1-24-17, 3-29-17, 6-7-17, 8-15-17, 9-7-17, 11-29-17, 1-10-18,
4-25-18, 8-1-18, 10-2-18
Docket 1
NONE LISTED -
Final Ruling from October 4, 2016:
Set discovery cutoff of March 1, 2017. Continue status conference to January 24, 2017 at 2:00 p.m. Parties are to file joint status report by January 10, 2017.
Tentative Ruling for January 24, 2017:
Have discovery responses been received? Has the Oregon district court ruled on the transfer and remand motions?
Hearing required.
1/25/17 -- Court signed scheduling order continuing discovery cutoff to April 17, 2017.
3/16/17 -- Court signed scheduling order continuing discovery cutoff to May 31, 2017.
Tentative Ruling for March 29, 2017:
Discuss with parties what should become of this litigation if the district court
2:00 PM
accepts the recommendation of the magistrate judge and remands the related litigation to Oregon state court?
5/3/17 -- Court approved stipulation continuing hearing to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 7, 2017:
What is the status of this matter? What progress has been made toward consolidating the various pending actions among the parties?
8/3/17 -- Court granted unilateral motion for a continuance and continued hearing on Anti-SLAPP motion to September 7, 2017 at 10:00 a.m. Court continued status conference to same date and time in that order. OFF CALENDAR FOR AUGUST 15, 2017.
8/4/17 -- Court approved stipulation extending discovery cutoff to October 31, 2017.
Tentative Ruling for September 7, 2017:
Revisit status of case after conclusion of hearing on related matters.
11/1/17 -- Court granted ex parte motion continuing discovery cutoff to January 1, 2018.
Tentative Ruling for November 29, 2017:
What, if anything, has transpired since the last status conference? Is defendant Schellerup still in bankruptcy? Hearing required.
Tentative Ruling for April 25, 2018:
The court waived the requirement that an updated status report be filed. What is the status of this matter? What, if anything, has happened since last status conference? Hearing required.
2:00 PM
Tentative Ruling for August 1, 2018:
Court has reviewed status report from Schellerup in which he offers to repay amounts due he debtor based on Schellerup's failure to comply with directions given by counsel over time. What, if anything, has transpired since last status conference. How does plaintiff intend to proceed with regard to matters referenced in Schellerup's status report.
Tentative Ruling for October 2, 2018:
Are the defendants still in bankruptcy? What does debtor/plaintiff intend to do with this adversary proceeding?
Tentative Ruling for October 23, 2018:
Has debtor negotiated settlement of this action with trustee(s) for defendants? Does trustee intend to seek approval of settlement? Hearing required.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
KAMANA O'KALA, LLC Represented By SreeVamshi C Reddy
Patrick Schellerup Represented By SreeVamshi C Reddy
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
2:00 PM
Adv#: 2:18-01109 Lite Solar Corp. v. Slinde & Nelson, LLC et al
fr. 6-26-18, 8-7-18, 10-2-18
Docket 1
NONE LISTED -
6/12/18 -- Court approved stipulation continuing status conference to August 7, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
7/18/18 -- At hearing held this date, Court continued this status conference to October 2, 2018 at 2:00 p.m. so that it may be heard concurrently with related objection to claim. OFF CALENDAR FOR AUGUST 7, 2018.
9/18/18 -- Court approved stipulation continuing hearing to October 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Tentative Ruling for October 23, 2018:
Call with matter no. 216. Continue hearings to give trustee an opportunity to review this matter and assess how he/she intends to proceed.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
2:00 PM
Defendant(s):
Slinde & Nelson, LLC Represented By David L. Neale Irving M Gross
Darian A. Stanford Represented By Irving M Gross
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
2:00 PM
Adv#: 2:18-01239 Lite Solar Corp. v. Schiffke et al
fr. 10-2-18
Docket 1
NONE LISTED -
9/18/18 -- Court approved stipulation continuing hearing to October 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Tentative Ruling for October 23, 2018:
Continue hearing to give trustee an opportunity to review this matter and assess how he/she intends to proceed.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Heather Schiffke Represented By Joseph A Field Irving M Gross
Brian Arbizzani Represented By
2:00 PM
Joseph A Field Irving M Gross
Adam Ward Represented By
Joseph A Field Irving M Gross
Steve Sefchick Represented By Joseph A Field Irving M Gross
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
2:00 PM
Adv#: 2:18-01240 Lite Solar Corp. v. Energy Wise Lightning, Inc. et al
Inc., Peter Greenberg fr. 10-2-18
Docket 1
NONE LISTED -
9/18/18 -- Court approved stipulation continuing hearing to October 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Tentative Ruling for October 23, 2018:
Continue hearing to give trustee an opportunity to review this matter and assess how he/she intends to proceed.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Energy Wise Lightning, Inc. Represented By Joseph A Field Irving M Gross
Peter Greenberg Represented By Joseph A Field
2:00 PM
Irving M Gross
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
10:00 AM
Docket 18
NONE LISTED -
Debtor has not filed certificate. Dismiss case.
Debtor(s):
Jimmy Ray Mccoy Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
$100 on 10/15/18 and $100 on 11/15/18
Docket 18
NONE LISTED -
Debtor paid first installment of $35, but has not paid anything else. Dismiss case.
Debtor(s):
Toni Denise Hampton Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 20
10/23/18 - Joseph Trenk, (818) 968-6289 has been approved for telephonic appearance on 10/24/18 @ 10am
Among other things, debtor has not filed application to employ counsel and has not provided proof of insurance or of closure of bank accounts. Debtor is behind on the filing of MOR's and payment of UST fees. This case cannot remain in chapter 11. Debtor has not opposed motion.
Grant motion. Dismiss case.
Debtor(s):
JJJ Diners Inc Represented By
Yi Y Oh
Movant(s):
United States Trustee (LA) Represented By Ron Maroko
10:00 AM
Docket 11
10/22/18 - Jarrett S. Osborne-Revis, (916) 945-5190 has been approved for telephonic appearance on 10/24/18 @ 10am
Rulings on Evidentiary Objections
Objections to Sargsyan Declaration:
(Deny motion to strike. NOTE: Debtor is wrong about the deposition notices being void. There are adversary proceedings and there are contested matters. A motion is a contested matter even before any opposition has been filed.)
Sustain (hearsay).
Overrule.
Sustain (lack of foundation; hearsay).
Overrule.
Sustain (lack of foundation; hearsay).
Sustain (lack of foundation).
Sustain (lack of foundation).
Overrule.
Sustain (lack of foundation).
Sustain (lack of foundation).
Tentative Ruling on Merits:
Court will not adjudicate the merits of the parties' underlying disputes in this procedural context, but the nature and extent of the allegations of dishonesty,
10:00 AM
embezzlement and self-dealing are highly problematic in the context of a debtor hoping to serve as a debtor in possession and serve as a fiduciary for its creditors. Moreover, the debtor's failure to attend examinations and disclose transactions and its failure to file a motion seeking to employ disinterested counsel demonstrate an inability or unwillingness to properly prosecute a chapter 11 case. The debtor's opposition, which is, in large part, an accusation that representatives of SBK are themselves criminals does nothing to offer the court comfort about the prospect of leaving the principals of Regdalin Properties in place to administer this estate. For the benefit of creditors generally, an independent trustee should administer this estate. (See response filed by Bank of the West.)
Grant motion. Appoint chapter 11 trustee.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
Movant(s):
SBK Holdings USA, Inc. Represented By David S Kupetz Asa S Hami Claire K Wu
10:00 AM
Docket 644
10/11/18 - John Tedford, (310)277-0077, has been approved for telephonic appearance on 10/24/18 @ 10am
Court is not persuaded that EWB has a strong likelihood of success on appeal or even a reasonable probability or fair prospect of success. And EWB has not established irreparable injury. The court has not yet confirmed a plan. The question is not whether EWB would be irreparably injured by the unstayed effectiveness of a confirmation order that hasn't even been entered yet. EWB seeks to have the court analyze now whether or not there would be irreparable injury resulting from an unstayed order confirming the debtor's plan, but the Court hasn't entered that order and EWB hasn't appealed that order. At this point, there is no injury whatsoever, let alone irreparable injury. EWB is simply arguing about judicial economy, which is within this court's sound discretion. Moreover, the only injury that EWB will suffer if its motion for a stay pending appeal is granted is that it will have to incur attorneys' fees and expenses in connection with the plan confirmation process. Having to incur attorneys' fees and expenses is not irreparable injury (it's monetary damage) and, if EWB prevails in this litigation, it will be entitled to recover these fees and costs from its collateral, which has sufficient value to provide for the payment of these fees and costs. Thus, any injury will be reparable.
Court does not intend to wait for the outcome of EWB's interlocutory appeal before proceeding forward with the confirmation process. If and when the Court enters an order confirming the plan, EWB is free to appeal that order and seek a stay pending appeal of that order.
And the public interest does not weigh in favor of granting a stay pending appeal at this juncture. The interests of all other parties are in seeing this matter proceed forward toward confirmation.
10:00 AM
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
EAST WEST BANK Represented By Anastasia E Bessey Lois M Jacobs Brian A Procel
10:00 AM
fr. 5-24-18, 6-20-18, 8-29-18, 9-13-18, 10-10-18
Docket 430
NONE LISTED -
Set schedule for confirmation related events.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
fr. 5-31-17, 6-14-17, 8-2-17, 10-4-17, 10-18-17, 11-29-17, 1-31-18, 2-28-18,
5-24-18, 6-20-18, 8-29-18, 9-13-18, 10-10-18
Docket 1
NONE LISTED -
5/22/17 -- Court granted motion setting bar date of August 9, 2017. Tentative Ruling for May 31, 2017:
Continue case status conference to date that can serve as date of hearing on disclosure statement, unless debtor plans to commence payments instead of filing plan on 90th day.
Tentative Ruling for June 14, 2017:
Debtor has now filed plan and disclosure statement. Continue case status conference to date of hearing on disclosure statement.
Tentative Ruling for August 2, 2017:
Continue case status conference to date of continued hearing on disclosure statement.
8/31/17 -- Court signed order continuing hearing to October 18, 2017 at 2:00
p.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for October 10, 2018:
Revisit status of case after conclusion of related matters on calendar.
10:00 AM
Tentative Ruling for October 24, 2018:
Continue case status conference to date and time of confirmation hearing.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
fr. 9-26-18
Docket 84
NONE LISTED -
9/20/18 -- Court approved stipulation continuing hearing to October 24, 2018 at 10:00 a.m. OFF CALENDAR FOR SEPTEMBER 26, 2018.
Tentative Ruling for October 24, 2018:
There appear to be disputed issues of material fact. The court will not resolve this matter summarily and will require an evidentiary hearing after the parties have prepared a joint pretrial order highlighting the issues upon which they actually disagree. (It will not work to give the court two different calculations and leave it up to the court to ascertain why they are different. Pretrial order will need to set out the decision points that lead to the different calculations -- such as whether the start date should be April of 2015 or January of 2014; whether amounts paid to "independent contractors" are included in the calculations; whether the amounts paid to the insiders should be included in the calculations, etc.)
Discuss with parties whether there are issues that require discovery (perhaps at least an examination of someone familiar with the manner in which the calculations were performed on each side). Has the debtor consulted with anyone (an expert) with experience in audits of this type?
Debtor(s):
WDH Contractor Services, LLC Represented By
10:00 AM
Alla Tenina
10:00 AM
fr. 10-3-18
Docket 99
NONE LISTED -
Court has a number of questions and concerns about the form of the plan and the disclosure statement that will be discussed on the record at the time of hearing on the disclosure statement. In addition, Court needs to know more about the status of the debtor's efforts to resolve disputes with the State Compensation Insurance Board.
Hearing required.
OFF CALENDAR. DEBTOR HAS FILED THIRD AMENDED DISCLOSURE STATEMENT.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
10:00 AM
Docket 107
NONE LISTED -
Papers filed less than 2 weeks before a hearing are to be served on the judge by some expedited means, not simply put in the mail.
Court still has concerns about the discussion of cram down on the class of unsecureds and lack of information about accounts receivable or work in process. Hearing required.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
10:00 AM
Docket 1
NONE LISTED -
The term is a "pass through" entity, not a "path through" entity.
Debtor should not use form for status reports. Debtor should merely answer the questions in the court's status conference order. Form is extremely difficult to read, especially when combined in part with narrative sections.
Set deadline for serving notice of bar date and bar date. Debtor predicts that it will be able to file plan and disclosure statement by June 30? What, if anything, has to happen before debtor is in a position to file a plan? Hearing required.
4/13/18 -- Court approved order setting following dates: L/D to serve notice of bar date -- April 13, 2018
Bar date --- May 31, 2018
L/D to file plan and disclosure statement -- June 30, 2018 Hearing on disclosure statement -- August 15, 2018 at 2:00 p.m. Cont'd status conference -- August 15, 2018 at 2:00 p.m. (Requirement of updated status report is waived.)
Tentative Ruling for October 24, 2018:
Revisit status of case after conclusion of hearing on disclosure statement.
10:00 AM
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
11:00 AM
Docket 44
NONE LISTED -
Tentative Ruling for October 3, 2018:
Discuss with debtor missing information and continue hearing to give debtor an opportunity to file that information.
Final Ruling for October 3, 2018:
Continue hearing to October 24, 2018 at 11:00 a.m. Movant should file and serve supplemental declaration with amended Exhibit E (recorded lien) by October 19, 2018. (Court will look at filing and waive appearances if supplemental declaration addresses the problem.)
Tentative Ruling for October 24, 2018:
Court has reviewed supplemental declaration. Grant motion. Waive appearances. Court will enter order that has already been lodged.
Debtor(s):
Brian Ponce Represented By
Paimon Banani Joy M Johnson Kevin Van Hout
David Samuel Shevitz
11:00 AM
Joint Debtor(s):
Ellie S. Ponce Represented By
Paimon Banani Joy M Johnson Kevin Van Hout
David Samuel Shevitz
Movant(s):
Brian Ponce Represented By
Paimon Banani Joy M Johnson Kevin Van Hout
David Samuel Shevitz
Ellie S. Ponce Represented By
Paimon Banani Paimon Banani Paimon Banani Paimon Banani Joy M Johnson Joy M Johnson Joy M Johnson Joy M Johnson Kevin Van Hout Kevin Van Hout Kevin Van Hout Kevin Van Hout
David Samuel Shevitz David Samuel Shevitz David Samuel Shevitz David Samuel Shevitz
Trustee(s):
Alberta P Stahl (TR) Pro Se
11:00 AM
New York, And New York Department Of Environmental Conservation fr. 9-26-18
Docket 199
10/17/18 - Robert Scheinbaum, (973)840-2387, has been approved for telephonic appearance on 10/24/18 @ 11am
10/17/18 - Steve Barnett, (973)840-2429, has been approved for telephonic appearance on 10/24/18 @ 11am
10/19/18 - Nicholas C. Rigano, (631) 756-5900, has been approved for telephonic appearance on 10/24/18 @ 11am
10/23/18 - Conor O'Croinin, (410)949-1160, has been approved for telephonic appearance on 10/24/18 @ 11am
10/23/18 - Andrew Goldfarb, (202)778-1822, has been approved for telephonic appearance on 10/24/18 @ 11am
9/25/18 -- Court approved stipulation to continue hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR SEPTEMBER 26, 2018.
Tentative Ruling for October 24, 2018:
Did the Water District Creditors meet on October 20 and approve the proposed settlement? Has the Litigation Settlement Agreement been signed? Hearing required.
11:00 AM
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Movant(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
11:00 AM
Approve Compromise With Great American Insurance Company, Pacific Indemnity Company, And Al Relays, LLC;
Approve Sale Of Insurance Policies
For Related Injunction And Attendant Findings fr. 9-26-18
Docket 197
10/17/18 - Robert Scheinbaum, (973)840-2387, has been approved for telephonic appearance on 10/24/18 @ 11am
10/17/18 - Steve Barnett, (973)840-2429, has been approved for telephonic appearance on 10/24/18 @ 11am
10/19/18 - Edward B. Parks II, (202) 469-7753, has been approved for telephonic appearance on 10/24/18 @ 11am
10/23/18 - Conor O'Croinin, (410)949-1160, has been approved for telephonic appearance on 10/24/18 @ 11am
10/23/18 - Andrew Goldfarb, (202)778-1822, has been approved for telephonic appearance on 10/24/18 @ 11am
Tentative Ruling for September 26, 2018:
Court sees the judgment reduction clause, but is there anything about an injunction in the parties' settlement agreement? Who is being enjoined by this injunction and on what basis is it appropriate for this Court to issue an
11:00 AM
injunction? Have the parties to be enjoined even been served? If the only affected parties are the other parties to the agreement who have consented to this arrangement, why is an injunction even necessary? There is no underlying action in which injunctive relief has been sought that the Court; there is no plan containing an injunction necessary to a reorganization effort; there is no evidence concerning the showing that must be made to support the issuance of an injunction. Are the parties seeking to proceed under state law section CCP 877.6?
9/25/18 -- Court approved stipulation to continue hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR SEPTEMBER 26, 2018.
Tentative Ruling for October 24, 2018: Grant motion. Approve compromise.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Movant(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
11:00 AM
Greenlawn Water District, and Town of Huntington, New York
fr. 5-30-18, 6-27-18, 7-18-18, 8-15-18, 8-29-18
fr. 9-26-18
Docket 173
10/17/18 - Robert Scheinbaum, (973)840-2387, has been approved for telephonic appearance on 10/24/18 @ 11am
10/17/18 - Steve Barnett, (973)840-2429, has been approved for telephonic appearance on 10/24/18 @ 11am
10/23/18 - Conor O'Croinin, (410)949-1160, has been approved for telephonic appearance on 10/24/18 @ 11am
10/23/18 - Andrew Goldfarb, (202)778-1822, has been approved for telephonic appearance on 10/24/18 @ 11am
6/15/18 -- Court approved stipulation continuing hearing to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR JUNE 27, 2018.
7/5/18 -- Court approved stipulation continuing hearing to August 15, 2018 at 10:00 a.m. OFF CALENDAR FOR JULY 18, 2018.
8/8/18 -- Court approved stipulation continuing hearing to August 29, 2018 at 10:00 a.m. OFF CALENDAR FOR AUGUST 15, 2018.
8/28/18 -- Court approved stipulation continuing hearing to September 26, 2018 at 11:00 a.m. OFF CALENDAR FOR AUGUST 29, 2018.
Tentative Ruling for September 26, 2018:
11:00 AM
Haven't all of the terms of this compromise been incorporated into, or superseded by, the remaining compromises on calendar today? Is a separate approval of this compromise still necessary or appropriate? Hearing required.
9/25/18 -- Court approved stipulation to continue hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR SEPTEMBER 26, 2018.
Tentative Ruling for October 24, 2018: Grant motion. Approve compromise.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Movant(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
11:00 AM
fr. 5-30-18, 6-6-18, 7-18-18
fr. 9-5-18
Docket 448
NONE LISTED -
5/29/18 -- Court approved stipulation continuing hearing to June 6, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
Tentative Ruling for June 6, 2018:
Court cannot evaluate the merits of the claim unless claimant first provides a breakdown of the manner in which the claim amounts were calculated. Give claimant one last opportunity to provide such a breakdown. Once the Court has the breakdown, it can evaluate the other objections leveled by the debtor.
7/16/18 -- Court approved stipulation continuing hearing to September 5, 2018 at 10:00 a.m. OFF CALENDAR FOR JULY 18, 2018.
8/31/18 -- Court approved stipulation continuing hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR SEPTEMBER 5, 2018.
10/18/18 -- Court approved stipulation continuing hearing to November 28, 2018 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 24, 2018.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
11:00 AM
Movant(s):
R Alexander Comley
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
11:00 AM
fr. 10-15-14, 10-29-14, 11-5-14, 1-14-15, 5-20-15, 7-22-15, 10-14-15, 2-10-16,
2-24-16, fr. 3-30-16, 5-11-16, 8-3-16, 9-14-16, 9-28-16, 12-14-16, 2-1-17,
5-3-17, 6-7-17, 8-2-17, 8-30-17, 2-28-18, 7-18-18
fr. 9-5-18
Docket 1
NONE LISTED -
Several parties appear interested in purchasing the debtor's real properties. Debtor should notice sales of these properties subject to overbid even without having first selected a stalking horse bidder. Interested parties competing with one another to purchase these properties should produce highest and best offer as among current prospective purchasers. Set deadline for debtor to bring motion for approval of sales of all properties. Court will enter order appointing trustee if motion to approve sale is not brought by deadline imposed by the Court.
8/3/15 -- Court signed scheduling order setting following dates:
Cont'd hearing on motion to appoint trustee and for relief from stay -- October 14, 2015 at 11:00 a.m.
L/D to file and serve motion for authority to sell Albany Properties -- August 12, 2015
L/D to file application to employ broker(s) (or include within sale motion) -- August 12, 2015
Sale hearing -- October 14, 2015 at 11:00 a.m.
Tentative Ruling for October 14, 2015:
If Albany sale closes, will debtor be in a position to file plan? Hearing
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required.
1/4/16 -- Court approved stipulation continuing hearing to February 24, 2016 at 11:00 a.m. OFF CALENDAR FOR JANUARY 6, 2016.
Tentative Ruling for February 24, 2016:
If Albany sale closes, will debtor be in a position to file plan? Hearing required.
3/21/16 -- Court signed order continuing hearing to May 11, 2016 at 2:00 p.m. OFF CALENDAR FOR MARCH 30, 2016.
4/25/16 -- Court approved stipulation continuing hearing to August 3, 2016 at 2:00 p.m. OFF CALENDAR FOR MAY 11, 2016.
Tentative Ruling for August 3, 2016:
According to the docket, the parties settled this matter during a settlment conference held June 13, 2016 before Judge Jury. What has happened since then? Will there be an amended plan? What is the status of this matter?
Tentative Ruling for September 14, 2016:
Continue to September 28, 2016 at 11:00 a.m. to be heard concurrently with substantive motions set for hearing at that date and time. OFF CALENDAR FOR SEPTEMBER 14, 2016.
Tentative Ruling for September 28, 2016:
Revisit status of case after conclusion of hearings on related matters.
Tentative Ruling for December 14, 2016:
Continue to February 1, 2017 at 2:00 p.m. to be heard concurrently with
11:00 AM
hearing on amended disclosure statement. OFF CALENDAR FOR DECEMBER 14, 2016.
Tentative Ruling for February 1, 2017:
Revisit status of case after conclusion of hearing on disclosure statement.
4/26/17 -- Court approved stipulation continuing hearing to June 7, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 3, 2017. NO APPEARANCE REQUIRED.
6/2/17 -- Court approved stipulation continuing hearing to August 2, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 7, 2017.
Tentative Ruling for August 30, 2017:
Revisit status of case after conclusion of confirmation hearing.
Tentative Ruling for February 28, 2018:
Court has reviewed reorganized debtor's status report. Page 6 of that report states that all class 6 claimants have received payments other than Jeffrey Thomas. Has the reorganized debtor been depositing payments on account of this disputed claim into a disputed claim reserve? Hearing required.
7/16/18 -- Court approved stipulation continuing hearing to September 5, 2018 at 10:00 a.m. OFF CALENDAR FOR AUGUST 8, 2018.
8/31/18 -- Court approved stipulation continuing hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR SEPTEMBER 5, 2018.
10/18/18 -- Court approved stipulation continuing hearing to November 28, 2018 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 24, 2018.
11:00 AM
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
11:00 AM
fr. 8-2-17, 11-15-17, 4-10-18
FR. 7-18-18
Docket 97
NONE LISTED -
See tentative ruling on matter no. 9.
11/3/17 -- Court approved stipulation continuing hearing to January 24, 2018 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017. NO APPEARANCE REQUIRED.
1/18/18 -- Court approved stipulation continuing hearing to April 10, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 24, 2018. NO APPEARANCE REQUIRED.
3/27/18 -- Court approved stipulation continuing hearing to July 18, 2018 at 11:00 a.m. OFF CALENDAR FOR APRIL 10, 2018. NO APPEARANCE REQUIRED.
7/2/18 -- Court approved stipulation continuing hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR JULY 18, 2018. NO APPEARANCE REQUIRED.
10/9/18 -- Court approved stipulation continuing hearing to February 27, 2019 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 24, 2018. NO APPEARANCE REQUIRED.
11:00 AM
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
Shawn M Christianson
Movant(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
Shawn M Christianson
11:00 AM
fr. 12-14-16, 3-15-17, 6-14-17, 9-13-17, 11-15-17, 4-10-18
FR. 7-18-18
Docket 1
NONE LISTED -
Court has a variety of questions:
Debtor owns a license to use the intellectual property on which its business is founded and not the intellectual property itself? Who owns the intellectual property?
Are there ongoing payments due under the license agreement and, if so, at what rate?
Did the court grant relief from stay to permit the state court trial to proceed forward?
What causes of action have been alleged in Mr. Kolokotrones' complaint?
Which of the employees listed on exhibit A are insiders?
What do the following entries on the cash flor projection mean:
AWS;
USC Buyout DW
What kinds of expenses fall under the heading, "miscellaneous." Hearing required
11:00 AM
12/20/16 -- Court signed scheduling order setting following dates:
Cont'd case management conference -- March 15, 2017 at 11:00 a.m. L/D to serve and file updated status report -- March 3, 2017
L/D to complete a day of mediation -- January 17, 2017
L/D to lodge order appointing mediator -- December 30, 2016
1/20/17 -- Court approved stipulation extending deadline for completion of settlement conference to February 17, 2017.
Tentative Ruling for March 15, 2017:
Set deadline for serving notice of bar date and bar date. Continue status conference approximately 90 days.
Tentative Ruling for June 14, 2017:
Debtor served notice of bar date, but never lodged order setting bar date. Court needs order establishing that date (which should reflect original dates set -- L/D to serve notice of bar date-March 22, 2017; Bar date-May 31, 2017). (Court signed scheduling order with these dates on June 22, 2017.)
Court has reviewed debtor's status report. How long does the debtor think it will be before the state court rules on the pending motions for summary judgment? Hearing required.
Tentative Ruling for September 13, 2017:
Court has reviewed debtor's status report. Continue case status conference to November 15, 2017 at 11:00 a.m. Debtor should file updated status report not later than November 3, 2017. Appearances waived on September 13, 2017.
11/3/17 -- Court approved stipulation continuing hearing to January 24, 2018 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 15, 2017. NO APPEARANCE REQUIRED.
11:00 AM
1/18/18 -- Court approved stipulation continuing hearing to April 10, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 24, 2018. NO APPEARANCE REQUIRED.
3/27/18 -- Court approved stipulation continuing hearing to July 18, 2018 at 11:00 a.m. OFF CALENDAR FOR APRIL 10, 2018. NO APPEARANCE REQUIRED.
10/9/18 -- Court approved stipulation continuing hearing to February 27, 2019 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 24, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
Shawn M Christianson
2:00 PM
#200.00 Fourth Interim Application of Leslie Cohen Law PC, Attorneys for Debtor, for Allowance of Interim Compensation of Fees and Reimbursements of Expenses [Fees Requested: $30,985.00, Expenses: $1,236.66]
Docket 186
NONE LISTED -
Grant application. Allow on interim basis fees of $30,985 and costs of $1,236.66. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
Movant(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen
2:00 PM
fr. 3-14-18, 5-16-18, 5-30-18, 8-1-18
Docket 103
NONE LISTED -
Tentative Ruling for March 14, 2018:
Court is not prepared to convert or dismiss the case at this time. Continue hearing on motion for approximately 90 days to see if debtor files a plan of reorganization that has any realistic prospect of being confirmed.
Final Ruling for March 14, 2018:
Continue hearing to May 16, 2018 at 2:00 p.m. Briefing closed.
Tentative Ruling for August 1, 2018:
Revisit status of motion after conclusion of related matters on calendar.
Tentative Ruling for October 24, 2018:
Continue hearing to December 12, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 24, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
Movant(s):
MUFG UNION BANK, N.A. Represented By Richard Sontag
2:00 PM
1) Approving Debtor's Disclosure Statement
Approving Solicitation voting, balloting and notice procedures
Setting Confirmation Hearing and certain deadlines in connection with the Debtor's Plan of Reorganization
fr. 5-30-18, 8-1-18
Docket 127
NONE LISTED -
Tentative Ruling for October 24, 2018:
Continue hearing to December 12, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 24, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
Movant(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen
2:00 PM
fr. 8-1-18
Docket 160
NONE LISTED -
Court has a number of proposed revisions to the form of the plan and disclosure statement that will be discussed on the record at the time of hearing on the disclosure statement.
Tentative Ruling for October 24, 2018:
Continue hearing to December 12, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 24, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
Docket 1
NONE LISTED -
Set deadline for service of bar date and bar date.
Order authorizing counsel's employment was signed/entered June 14, 2017. Debtor is an attorney who consults, yet the vast majority of the income reflected on the budget is "monthly support." Is this from her ex-husband? Approximately how many hours per week does debtor spend doing legal- related work?
Where is the debtor currently living? Is the Bentley property habitable? What happened to the property that gave rise to the $70,000 in insurance proceeds? What transpired in the state court that led to the entry of a judgment against the debtor "on procedural grounds"?
Why are there two separate lines that both include the cost of summer school and camp for debtor's child/children? Where do debtor's children go to school? Debtor's financial troubles include, according to the status report, medical bills. Budget does not include a line-item for medical insurance.
Why not? Are these medical bills likely to be recurring or were they the result of a condition that has now been cured or eliminated?
The entries for home insurance and car insurance on the budget are blank. Who pays for these expenses? Does the debtor have a car? There do not appear to be any vehicle-related expenses on the budget. Why no?
Hearing required.
2:00 PM
6/29/17 -- Court signed scheduling order with following dates:
L/D to serve bar date notice -- July 7, 2017 Bar date -- August 31, 2017.
7/6/17 -- Court signed scheduling order with following dates: L/D to serve bar date notice -- July 7, 2017
Bar date -- August 31, 2017.
Cont'd case status conference -- October 4, 2017 at 11:00 a.m. L/D to file updated status report -- September 22, 2017.
Tentative Ruling for October 4, 2017:
How much work remains to be done on the property? Does the debtor have an estimate as to when the property will be in a condition to be rented?
Hearing required.
Tentative Ruling for February 28, 2018:
Continue hearing to March 14, 2018 at 10:00 a.m. to be heard concurrently with motion to convert set for same date and time. APPEARANCES WAIVED ON FEBRUARY 28, 2018.
Tentative Ruling for March 14, 2018:
Revisit status of case after conclusion of hearing on related motions. 3/19/18 -- Court approved scheduling order with following dates: Cont'd status conference -- May 16, 2018 at 2:00 p.m.
Filing of updated status report waived
L/D for debtor to file plan and disclosure statement -- March 30, 2018\ Hearing on disclosure statement -- May 16, 2018 at 2:00 p.m.
Tentative Ruling for August 1, 2018:
2:00 PM
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for October 24, 2018:
Continue hearing to December 12, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 24, 2018. NO APPEARANCE REQUIRED.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
10:00 AM
MONEY Action: Bryan Cory v. Alfredo Solis an individual and general partner West Coast Recycling Services, Inc. West Coast Recycling Services, Inc.
Mission Recycling; Sharyl Solis, and Does 1-50, inclusive DKT. #KC068550
MOVANT: BRYAN CORY
Docket 50
NONE LISTED -
Court is prepared to grant relief from stay to the extent necessary to permit movant to conduct discovery, but court needs to have a better understanding of the theories of relief that plaintiff is seeking to pursue to understand the extent to which the claims themselves are property of the estate and therefore barred under section 362(d)(3) even when brought against nondebtor defendants.
Hearing required.
Debtor(s):
West Coast Recycling Services, Inc. Represented By
James D. Hornbuckle
Movant(s):
Bryan Cory Represented By
Robert J Spitz
Trustee(s):
Sam S Leslie (TR) Represented By
10:00 AM
Christian T Kim James A Dumas Jr
10:00 AM
362(c)(4)(A)(ii) UNDER 11 U.S.C. §362(c)(3).
MOVANT: KEITH OLMO AND FRONTLINE CAPITAL, INC.
Docket 15
NONE LISTED -
This is debtor's second bankruptcy case pending within the year. First case was filed on September 12, 2017 and dismissed on September September 28, 2017. This case was filed on August 29, 2018, which was within a year after the earlier filing. More than 30 days has elapsed since this case was filed and the debtor has neither sought nor obtained an extension of the automatic stay.
Grant motion (with waiver of Rule 4001(a)(3)), but what relief does movant intend to seek as against the debtor? Hearing required.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Movant(s):
Keith Olmo Represented By
Carl Mueller
FRONTLINE CAPITAL, INC. Represented By Carl Mueller
Trustee(s):
Sam S Leslie (TR) Represented By
10:00 AM
Lynda T Bui Rika Kido
10:00 AM
MOVANT: SUNG YOO UM
Docket 7
NONE LISTED -
Deny motion as moot. Case has been dismissed and court cannot grant in rem or other extraordinary relief, as movant is not a secured creditor and is not therefore within the scope of section 362(d)(4). (Movant need not appear. Court will prepare order.)
Debtor(s):
Sora Lee Pro Se
Movant(s):
Lorraine Anderson Represented By Lorraine Anderson
Sung Joo Um Represented By
Lorraine Anderson
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: PARAGON TILE AND STONE, INC.
Docket 130
10/12/18 - Douglas Kraft, (916) 880-3040, has been approved for telephonic appearance on 11/6/18 @ 10am
Neither party supplied the court with any relevant cases. The authorities discussed by the parties are not helpful or analagous. The caselaw is clear that the surety bond in question is not property of the estate. See In re Lockard, 884 F.2d 1171 (9th Cir. 1989) (and cases discussed therein).
Therefore, a direct action against a surety is not barred by the automatic stay. Here, however, the creditor/claimant needs to proceed against the debtor/name the debtor in order to recover against the surety, as is the case in California with regard to insurance, but should the result be any different?
The purpose of a surety bond is to protect affected parties if and when the debtor fails to perform. The whole point is to provide creditors with another remedy to protect against a default by the debtor. It is therefore often said that a court cannot (or perhaps should not) enjoin a creditor from proceeding against a surety or the issuer of a letter of credit. See In re Stanndco Developers, Inc., 534 F.2d 1050, 1052-53 (2d Cir. 1976). Here, no injunction is required as the creditor needs to proceed against the debtor and such an action is barred by the automatic stay, but should this procedural wrinkle of Oregon law change the result?
In Lockhard, the debtor made two arguments in favor of the idea that the claimant should be enjoined from proceeding against its contractor's surety bond. The first was that the surety held a lien against commercial property to secure the debtor's reimbursement obligations that would be "actualized" if
10:00 AM
the surety were required to payout on the bond. The Circuit rejected this theory, citing with approval the disrict court's decision in In re McLean Trucking Co., 74 B.R. 820 (W.D.N.C. 1987) ("Well-reasoned precedent has established that even where the issuer of a surety bond or, in similar circumstances, the issuer of a letter of credit has recourse against collateral pledged by a debtor, a court may not enjoin the beneficiary of the bond or the letter of credit from calling the obligation of the issuer").
The next argument advanced by Lockhard was that the surety bond was required to keep his contractor's license in good standing under Arizona law and to enable him to lawfully engage in residential construction in that state. Because Lockhard proposed to continue the residential construction business during the bankruptcy proceedings to generate income with which to pay off his creditors, Lockhard argued that the bond was necessary to an effective reorganization of his business. The Circuit rejected this argument too, noting that nothing in the statute or the record of the case established that allowing the claimant to proceed against the bond would result in the automatic cancellation of his license or would have prevented him from conducting other parts of his business. The Circuit also quoted a statute that required the surety to give 30 days notice to the licensee and registrar of contractors before cancelling the debtor's bond, perhaps suggesting that the surety would have been barred by the automatic stay from actually cancelling the bond.
The record is similarly lacking in this case. The debtor has offered only the testimony of its declarants to the effect that it would be required to replenish the bond if claims are paid out under it, but is this really the case? What would happen if the debtor failed to replenish the bond? Would relief from stay be required before the debtor's license could be terminated? And, in any event, how would this be different in economic effect from the lien actualization cases?
Hearing required.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Movant(s):
PARAGON TILE & STONE, INC., Represented By
Douglas H Kraft
10:00 AM
MOVANT: CANYON VIEW LIMITED
Docket 8
NONE LISTED -
Grant with annulment, but without waiver of Rule 4001(a)(3).
Debtor(s):
William James Whitaker Represented By David H Chung
Joint Debtor(s):
Julie Fae Whitaker Represented By David H Chung
Movant(s):
Canyon View Limited Represented By Edward L Felman
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:17-01375 DeBellis et al v. UNITED STATES OF AMERICA on behalf of the
fr. 10-3-17, 1-23-18, 5-8-18, 6-12-18,8-14-18
Docket 1
NONE LISTED -
Set discovery cutoff for late April, 2018 and continue status conference to approximately same time frame.
1/24/18 -- Court approved scheduling order setting following dates: L/D to complete discovery -- April 30, 2018
L/D to file pretrial motions -- June 15, 2018
Cont'd status conference -- May 8, 2018 at 2:00 p.m. L/D to file joint status report -- April 24, 2018
4/2/18 -- Court approved stipulation setting following dates: Cont'd status conference -- June 12, 2018 at 2:00 p.m.
Cont'd discovery cutoff -- May 30, 2018
New L/D to file pretrial motions -- July 20, 2018 New L/D to file joint status report -- May 29, 2018
OFF CALENDAR FOR MAY 8, 2018.
5/16/18 -- Court approved stipulation modifying scheduling order in the following respects:
2:00 PM
L/D to complete discovery -- July 31, 2018
L/D to file dispositive motions -- August 24, 2018 Status conference -- August 14, 2018 at 2:00 pm L/D to file joint status report -- July 31, 2018
OFF CALENDAR FOR JUNE 12, 2018.
7/27/18 -- Court approved stipulation continuing discovery cutoff to October 31, 2018, continuing deadline for filing pretrial motions to November 15, 2018 and continuing status conference to November 6, 2018 at 2:00 p.m. Parties shall file joint status report not later than October 23, 2018. OFF CALENDAR FOR AUGUST 14, 2018.
10/22/18 -- Court approved stipulation continuing discovery cutoff to November 30, 2018, continuing deadline for filing pretrial motions to December 21, 2018 and continuing status conference to December 4, 2018 at 2:00 p.m. Parties shall file joint status report not later than November 20, 2018. OFF CALENDAR FOR November 6, 2018.
Debtor(s):
AJ DeBellis Represented By
Mark T Young
Defendant(s):
UNITED STATES OF AMERICA Represented By
Jolene Tanner
State Of California Franchise Represented By Charles Tsai
Joint Debtor(s):
Victoria Collette DeBellis Represented By Mark T Young
Plaintiff(s):
AJ DeBellis Represented By
2:00 PM
Mark T Young
Victoria Collette DeBellis Represented By Mark T Young
Trustee(s):
Richard K Diamond (TR) Represented By Ivan L Kallick
2:00 PM
Adv#: 2:17-01196 Dahan v. Barnes
fr. 5-16-17, 8-29-17, 11-28-17, 2-27-18, 6-5-18, 9-11-18
Docket 1
10/30/18 - Johnny White, (310)478-4100 x 6641 has been approved for telephonic appearance on 11/6/18 @ 2pm
Tentative Ruling for May 6, 2017:
Explain to debtor the importance of participating in the preparation of joint status reports and other pretrial procedures as set forth in local bankruptcy rules. Plaintiff requests that this matter trail UST's 727 action. Continue status conference to August 29, 2017 at 2:00 p.m. to coincide with status conference in UST's adversary proceeding.
Tentative Ruling for August 29, 2017:
Continue status conference to same date and time as pretrial conference in matter no. 207.
Tentative Ruling for November 28, 2017:
If court grants motion to dismiss 727 action, there is no longer any reason to trail this action. Set continued status conference and require parties to file joint status report in connection with that conference.
2:00 PM
Tentative Ruling for February 27, 2018:
Where is status report that should have been filed February 13, 2018? Hearing required.
3/6/18 -- Court signed scheduling order setting following dates: Cont'd status conference -- June 5, 2018 at 2:00 p.m.
L/D to file joint status report -- May 22, 2018 L/D to conduct discovery -- June 30, 2018
Debtor admonished to check her email, including spam filter, to make sure that she participates in preparation of joint status report in a timely manner.
Tentative Ruling for June 5, 2018:
Set deadline for filing pretrial motions. Order parties to complete a day of mediation prior to date of hearing on pretrial motions.
6/6/18 -- Court approved scheduling order with following dates:
Cont'd status conference -- September 11, 2018 at 2:00 p.m. L/D to file joint status report -- August 28, 2018
L/D to file pretrial motions -- September 17, 2018 L/D to complete mediation -- August 17, 2018
L/D to lodge order appointing mediators -- June 29, 2018
7/16/18 -- Court approved order appointing mediators.
Tentative Ruling for September 11, 2018:
Mediator reports that the matter settled. What is the structure of the parties' settlement?
Tentative Ruling for November 6, 2018:
Continue hearing to January 15, 2019 at 2:00 p.m. to give the parties an opportunity to document and obtain approval for their proposed settlement. APPEARANCES WAIVED ON NOVEMBER 6, 2018.
2:00 PM
Debtor(s):
Ruth Barnes Represented By
Alan W Forsley
Defendant(s):
Ruth Barnes Pro Se
Plaintiff(s):
Shmuel and Theodora Dahan Represented By Johnny White
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:16-01137 Ghoulian et al v. Omrani
fr. 5-24-16, 8-30-16, 1-24-17, 4-25-17, 8-15-17, 1-9-18, 1-23-18, 5-15-18,
7-31-18, 10-2-18
Docket 1
NONE LISTED -
Set discovery cutoff for end of August. When does plaintiff anticipate being in a position to file motion for summary judgment or partial summary adjudication?
5/26/16 -- Court approved scheduling order setting discovery cutoff of August 31, 2016.
6/14/16 -- Court approved stipulation adding trustee as co-plaintiff.
Tentative Ruling for August 30, 2016:
Set discovery cutoff for approximately 60 days and deadline for filing contemplated motion for summary judgment for approximately 30 days thereafter.
8/31/16 -- Court approved scheduling order setting following dates: Continued status conference -- January 24, 2017 at 2:00 p.m.
L/D to file joint status report -- January 10, 2017
L/D for plaintiff to file and serve motion for partial summary judgment --
2:00 PM
November 29, 2016
Hearing on motion -- January 24, 2017 at 2:00 p.m. L/D to complete discovery -- October 31, 2016.
Tentative Ruling for August 15, 2017:
Revisit status of action after conclusion of related matter on calendar.
11/13/17 -- court approved stipulation continuing hearing to January 23, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 9, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 23, 2018:
Court waived requirement of a joint status report. What is the status of this matter? Hearing required.
1/26/18 -- Court signed scheduling order setting following dates: Pretrial conference -- May 15, 2018 at 2:00 p.m.
L/D to lodge joint pretrial order -- May 1, 2018 Deadline for completion of mediation -- May 15, 2018
L/D to lodge order appointing mediator -- February 16, 2018 2/2/18 -- court approved order appointing mediators.
Tentative Ruling for May 15, 2018:
Many of the agreed facts recited are incomprehensible. Most have typographical errors. The list of disputed facts contains evidentiary facts that are not the actual facts at issue here. Some of the legal issues are irrelevant or misstated. In short, much of the proposed pretrial order is a mess.
Discuss options with the parties for proceeding with this action.
6/22/18 -- Court approved stipulation continuing pretrial conference to October 2, 2018 at 2:00 p.m. OFF CALENDAR FOR JULY 31, 2018.
2:00 PM
9/11/18 -- Court approved stipulation continuing pretrial conference to November 6, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
10/23/18 -- Court approved stipulation continuing pretrial conference to December 4, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 6, 2018.
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
Defendant(s):
Mike Omrani Represented By
Stella A Havkin
Plaintiff(s):
Hertzel Ghoulian Represented By Michael F Frank
Rosendo Gonzalez (TR) Represented By Michael F Frank
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
fr. 4-3-18, 6-5-18, 7-31-18
Docket 94
NONE LISTED -
Tentative Ruling for April 3, 2018:
BRCA concedes that it is in possession of documents/records/files that formerly belonged to ORCB. A subpoena to the custodian of records for BRCA is therefore sufficient to access records that once belonged to ORCB. Trustee is correct that he holds the debtor's attorney/client privilege and is the successor to the debtor. A client is permitted to demand the turnover of its files. The trustee can do so with regard to/on behalf of the debtor. Moreover, under Bankruptcy Code section 542(e), the Court may order an attorney in possession of books, documents, records and papers relating to the debtor's property or financial affairs to turn them over to the trustee.
Grant the motion. BRCA must deliver to the trustee the same records, files, etc. that it would be required to turnover to the debtor if the debtor asked for its records and files outside of bankruptcy. No documents may be withheld on the ground of attorney/client privilege. If there are any documents that the firm believes may be withheld on work product grounds, firm will need to identify and describe those documents on a privilege log so that the court can determine whether it is appropriate for such documents to be withheld.
Sanctions should be imposed on BRCA to cover the fees and costs associated with the trustee's having to bring this motion. Set continued hearing to determine the amount of such fees.
2:00 PM
Final Ruling for April 3, 2018:
Continue hearing to June 5, 2018 at 2:00 p.m. BCRA should produce by May 14, 2018 all documents that have been requested that are within its custody or under its control and provide a log of any documents within its possession or under its control that it is refusing to produce. Log should include date, all recipients of the document, a brief description of the document and its contents and an explanation of why the document was withheld.
Tentative Ruling for June 5, 2018:
Has BRCA complied with the instructions given by the Court at the last hearing?
5/7/18 -- Court approved stipulation continuing discovery cutoff to October 31, 2018.
7/2/18 -- Court approved stipulation continuing hearing to November 6, 2018 at 2:00 p.m. OFF CALENDAR FOR JULY 31, 2018.
10/2/18 -- Court approved stipulation continuing matter to December 4, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 6, 2018.
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By J Scott Bovitz
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By John P Kreis
2:00 PM
Caroline Su Kyu Shieh Represented By John P Kreis
Christopher Shieh Represented By Joseph D Huser John P Kreis
Benjamin Shieh Represented By Joseph D Huser John P Kreis
Patricia Shieh Armijo Represented By Joseph D Huser John P Kreis
Cesar Fernando Castro Represented By Joseph D Huser John P Kreis
Movant(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
2:00 PM
Adv#: 2:18-01003 Tarpinian et al v. Isadzhanyan
Docket 24
NONE LISTED -
Continue hearing to give movant an opportunity to comply with Local Rule 9013-1(d)(1) by serving the debtor, as well as debtor's counsel, with a copy of the motion and with the court manual by serving Judge Bluebond with a copy of the papers so that chambers is not required to produce its own copy. The declaration filed in support of the motion contains several paragraphs that are not admissible under the best evidence rule. If the declarant wants the court to know the contents of the emails that were exchanged between the parties, the declarant should provide the court with copies of these emails.
Debtor(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Defendant(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Plaintiff(s):
Nayrie Garo Tarpinian Represented By Cliff Schneider
Gary Tarpinian Represented By Cliff Schneider
2:00 PM
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Brandon J Iskander
2:00 PM
Adv#: 2:18-01081 Gonzalez v. Zamora et al
fr. 8-28-18
Docket 16
8/27/18 - Opposition filed by Defendants.
8/27/18 - Rosendo Gonzalez, (213)452-0070, has been approved for telephonic appearance on 8/28/18 @ 2pm
Tentative Ruling for August 28, 2018:
The first claim for relief asserted in the complaint is brought under section 727(a)(2)(A). What property, if any, does the trustee contend has been destroyed, mutiliated or concealed?
The second claim for relief is that the debtors have failed to maintain or has destroyed or concealed records What documents does the trustee contend have been destroyed, mutilated or concealed? What efforts has the trustee made, other than writing a letter, in an effort to obtain these documents? Is the only evidence of intent that the debtors have ignored the trustee's letter?
The third claim for relief is that the debtors have knowingly and fraudulently made a false oath (section 727(a)(4)(A)). Is the trustee seeking a default judgment under this section? If so, what specific facts does the trustee allege were misrepresented in the schedules and where is the evidence to establish what the true facts are?
The fourth claim for relief is that the debtors have withheld recorded information, including documents, records and papers relating to their assets
2:00 PM
or financial affairs (section 727(a)(4)(D)). What specific records does the trustee claim exist that the debtors are withholding? What evidence, if any, does the trustee have that the debtors knowingly and fraudulently withheld this information?
In short, it seems as if the debtors may have omitted information or put false information on their schedules, that the trustee wrote a letter asking for documentation that the debtors have ignored and the trustee brought this adversary proceeding. What, if any, additional steps has the trustee taken in an effort to compel production of information and what additional steps has the trustee taken in an effort to ascertain the true facts? Without more information, it is difficult for the court to determine which, if any, of the applicable code sections apply on this fact pattern.
Final Ruling for August 28, 2018:
Continue hearing to November 6, 2018 at 2:00 p.m.
Tentative Ruling for November 6, 2018:
Continue hearing for approximately 60 days. Again admonish the debtors as to the need to cooperate fully with the trustee's investigation and the adverse consequences that will flow if they fail to do so.
Debtor(s):
Jose Antonio Zamora Pro Se
Defendant(s):
Jose Antonio Zamora Pro Se
Martha Delia Zamora Pro Se
Joint Debtor(s):
Martha Delia Zamora Pro Se
2:00 PM
Movant(s):
Rosendo Gonzalez Represented By Rosendo Gonzalez
Rosendo Gonzalez (TR) Represented By Rosendo Gonzalez
Plaintiff(s):
Rosendo Gonzalez Represented By Rosendo Gonzalez
Trustee(s):
Rosendo Gonzalez (TR) Represented By Rosendo Gonzalez
2:00 PM
Adv#: 2:18-01081 Gonzalez v. Zamora et al
fr. 5-29-18, 8-28-18
Docket 1
8/27/18 - Rosendo Gonzalez, (213)452-0070, has been approved for telephonic appearance on 8/28/18 @ 2pm
If Court grants motion for default judgment, take status conference off calendar. If Court does not grant motion for default judgment, continue status conference to coincide with date of continued hearing on default judgment motion.
Debtor(s):
Jose Antonio Zamora Pro Se
Defendant(s):
Jose Antonio Zamora Pro Se
Martha Delia Zamora Pro Se
Joint Debtor(s):
Martha Delia Zamora Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By Rosendo Gonzalez
2:00 PM
Trustee(s):
Rosendo Gonzalez (TR) Represented By Rosendo Gonzalez
2:00 PM
Adv#: 2:18-01110 Arroyo Vision Care, LLC v. PA Investment Fund, LLC et al
Docket 22
NONE LISTED -
10/4/18 -- Court approved stipulation continuing hearing to December 4, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 6, 2018.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro Matthew Grimshaw
Defendant(s):
PA Investment Fund, LLC Represented By Saul Reiss
Mehran Farhadi Represented By Saul Reiss
Joseph Ghadir Represented By Saul Reiss
Raymond Aver Pro Se
Plaintiff(s):
Arroyo Vision Care, LLC Represented By Matthew Grimshaw Chad V Haes
2:00 PM
Trustee(s):
Elissa Miller (TR) Represented By David M Goodrich Asa S Hami Daniel A Lev
2:00 PM
Adv#: 2:18-01110 Arroyo Vision Care, LLC v. PA Investment Fund, LLC et al
FR. 6-26-18, 8-14-18
Docket 1
7/2/18 - Notice of Unavailability of Counsel, Saul Reiss, from August 24, 2018 through October 19, 2018.
5/16/18 -- Court approved stipulation extending deadline to respond to complaint to June 4, 2018.
5/30/18 -- Court approved stipulation extending plaintiff's deadline to file amended complaint to June 15, 2018 and defendant's deadline to respond to complaint to July 9, 2018. Status conference continued to August 14, 2018 at
2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
7/26/18 -- Court approved stipulation continuing status conference to November 6, 2018 at 2:00 p.m. OFF CALENDAR FOR AUGUST 14, 2018.
10/4/18 -- Court approved stipulation continuing hearing to December 4, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 6, 2018.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro Matthew Grimshaw
2:00 PM
Defendant(s):
PA Investment Fund, LLC Represented By Saul Reiss
Mehran Farhadi Represented By Saul Reiss
Joseph Ghadir Represented By Saul Reiss
Raymond Aver Pro Se
Plaintiff(s):
Arroyo Vision Care, LLC Represented By Matthew Grimshaw Chad V Haes
Trustee(s):
Elissa Miller (TR) Represented By David M Goodrich Asa S Hami Daniel A Lev
2:00 PM
fr. 3-16-16, 5-4-16, 8-10-16, 10-19-16, 11-2-16, 12-14-16, 2-15-17,4-26-17,
10-4-17, 12-6-17, 2-28-18, 8-8-18
Docket 1
NONE LISTED -
When Court appointed trustee, Court set case status conference for May 4, 2016 at 11:00 a.m. and instructed UST to include in order appointing trustee the date of the status conference and that a written status report will be due by April 22. This language did not find its way into the order. No status report was filed.
What is the status of this matter?
Tentative Ruling for August 10, 2016:
When will trustee be filing chapter 11 plan? Continue case status conference to date that can serve as date of hearing on disclosure statement. Waive requirement of updated status report for next hearing.
Tentative Ruling for November 2, 2016:
Revisit status of case after conclusion of hearing on disclosure statement.
12/5/16 -- court continued hearings to February 15, 2017 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 14, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for February 15, 2017:
2:00 PM
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for April 26, 2017:
If court confirms plan, take case status conference off calendar and set post- confirmation status conference.
Tentative Ruling for October 4, 2017:
At trustee's request, continue post-confirmation status conference to December 6, 2017 at 11:00 a.m. Trustee should file updated status report not later than November 29, 2017. APPEARANCES WAIVED ON OCTOBER 4, 2017.
Tentative Ruling for December 6, 2017:
Debtor should demand return of excess funds by a date certain and, if funds are not returned by that date, bring a motion to compel refund of overpayment. Continue case status conference to February 28, 2018 at 11:00 a.m. Trustee should file an updated status report not later than February 16, 2018. APPEARANCES WAIVED ON DECEMBER 6, 2017.
Tentative Ruling for February 28, 2018:
It seems pretty straightforward that PA Investment should be required to return the overpayment (the "Excess Funds"). Set deadline for the debtor to commence action against PA Investment for a return of the Excess Funds. If the debtor fails to comply with this deadline or to supply the missing $85,000 itself, trustee should move forward with a sale of the property. Plan needs to be consummated.
3/2/18 -- Court signed scheduling order directing debtor to either commence adversary proceeding against PA Investment for the overpayment (or to pay this amount to the trustee itself) or the trustee will have authority to enforce and implement the default provisions under the plan.
Tentative Ruling for August 8, 2018:
2:00 PM
Continue status conference to November 6, 2018 at 2:00 p.m. as a holding date, at which point the court will set a further continued status conference, the date of which will depend on what happens at the status conference in the reorganized debtor's adversary proceeding. APPEARANCES WAIVED ON AUGUST 8, 2018.
Tentative Ruling for November 6, 2018:
Continue case status conference to December 4, 2018 at 2:00 p.m. to coincide with date and time of status conference in adversary proceeding. APPEARANCES WAIVED ON NOVEMBER 6, 2018.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro
Trustee(s):
Elissa Miller (TR) Represented By David M Goodrich Asa S Hami Daniel A Lev
10:00 AM
Docket 61
11/5/18 - Christian Kim, (213)368-5000, has been approved for telephonic appearance on 11/7/18 @ 10am.
When is the lease termination date? What if a sale is consummated before that date and lessee is not the successful purchaser? Will lessee be required to vacate or would the sale be subject to the lease? Does lessee understand that he will be required to cooperate in trustee's efforts to market and show the property?
Hearing required.
Debtor(s):
JUNG SHUP SIM Represented By Jaenam J Coe
Movant(s):
Jeffrey I Golden (TR) Represented By Eric P Israel Sonia Singh
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel Sonia Singh
10:00 AM
Docket 25
NONE LISTED -
10/25/18 -- Court approved stipulation continuing hearing to January 9, 2019 at 10:00 a.m. OFF CALENDAR FOR NOVEMBER 7, 2018.
Debtor(s):
Oscar A Salazar Represented By Kevin Tang
Movant(s):
Oscar A Salazar Represented By Kevin Tang
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
10:00 AM
Docket 10
NONE LISTED -
Debtor has now supplied a certificate of credit counseling showing that debtor did complete required course in the appropriate time frame. Court will prepare an order vacating the OSC. No appearance required.
Debtor(s):
Marta Angelica De Paz Represented By Jaime A Cuevas Jr.
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 11
NONE LISTED -
Hearing required.
Debtor(s):
Staci Haussner Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 42
10/3/18 - Jonathan Saffer, (520)529-4276, has been approved for telephonic appearance on 11/7/18 @ 10am
Rule 2004 permits discovery from "any entity," which includes nonparties, nondebtors, nondebtor affiliates, etc., of any matter that may relate to "the acts, conduct, or property or to the liabilities and financial condition of the debtor or to any matter which may affect the administration of the debtor's estate."
Whether funds or assets of the debtor were transferred to the debtor's principals or affiliates and the extent to which a related entity is, or is not, an alter ego of the debtor are appropriate matters for inquiry under Rule 2004. Therefore, an examination of the finances and financial information of, and communications concerning transactions between or among, the debtor, its principals and its affiliates and of transactions between them is perfectly appropriate.
Grant motion. Enter order requiring 1&1 to respond to movant's discovery requests.
Debtor(s):
Green-Light International, LLC Represented By David S Hagen
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 45
10/3/18 - Jonathan Saffer, (520)529-4276, has been approved for telephonic appearance on 11/7/18 @ 10am
Trustee has waived attorney/client privilege. Referring to page 8 of the parties' stipulation [docket no. 70], documents identified in category 2 should be produced to movant. Burgee has not provided any evidence to support his contention that he represented the individuals in their personal capacities.
Post-filing communications with GLI's former officers (category 3) should be turned over as well. With regard to category 4, these are identified as non- privileged documents related to GLG. Those are within the scope of the discovery requested and permitted under Rule 2004 and should therefore be turned over to movant.
Court is confused by Burgee's description in category 5, "Privileged documents related to GLG including financial have been produced "
Financial information and records of GLG are not privileged. Only attorney/client communications or attorney work produce would be privileged. Court may need to conduct an in camera review of these documents to determine whether or not they are appropriately within the scope of either privilege or rule against production. How many documents fall within category 5?
Court is not inclined to order payment of expenses as against Mr. Burgee. He appears to have taken appropriate steps to ensure that he did not violate his duties to any of his purported clients.
Debtor(s):
Green-Light International, LLC Represented By
10:00 AM
Trustee(s):
David S Hagen
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 46
10/3/18 - Jonathan Saffer, (520)529-4276, has been approved for telephonic appearance on 11/7/18 @ 10am
Has Lanius produced the requested documents? If not, grant motion in its entirety, including request that Lanius pay movant's reasonable attorneys' fees in bringing this motion. All objections have been waived. Set further briefing on appropriate amount of attorneys' fees.
Debtor(s):
Green-Light International, LLC Represented By David S Hagen
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 47
10/3/18 - Jonathan Saffer, (520)529-4276, has been approved for telephonic appearance on 11/7/18 @ 10am
No longer being paid or employed does not relieve counsel of the obligation to comply with discovery requests, but it seems as if Mr. Hagen is asserting that he has already turned over all documents in his possession or custody or under his control. Is that correct? If this is the case, Hagen should provide (if he has not already) a declaration to this effect, explaining the efforts to which he has gone to locate or acquire the missing documents.
Debtor(s):
Green-Light International, LLC Represented By David S Hagen
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 50
10/3/18 - Jonathan Saffer, (520)529-4276, has been approved for telephonic appearance on 11/7/18 @ 10am
Rule 2004 permits discovery from "any entity," which includes financial institutions of any matter that may relate to "the acts, conduct, or property or to the liabilities and financial condition of the debtor or to any matter which may affect the administration of the debtor's estate."
Whether funds or assets of the debtor were transferred to the debtor's principals or affiliates and the extent to which a related entity is, or is not, an alter ego of the debtor are appropriate matters for inquiry under Rule 2004. Therefore, an examination of the finances and financial information of, and communications concerning transactions between or among, the debtor, its principals and its affiliates and of transactions between them is perfectly appropriate.
Grant motion. Enter order requiring Wells Fargo to respond to movant's discovery requests. From whom does movant seek an award of attorneys' fees and expenses with regard to this motion?
Debtor(s):
Green-Light International, LLC Represented By David S Hagen
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Salesforce.com, Inc. and Yahoo!, Inc. Only - Claim Nos. 242, 272 and 292 by Stipulation/Order:
fr. 4-4-18, 4-25-18, 7-18-18, 8-15-18, 9-26-18, 10-10-18
Claim No. Claimant:
6 2.7 August Apparel, Inc.
174 American Vintage Clothing Corp.
162 Analytics Pros., Inc.
233 Argo Partners, as Assignee for Solemio
30 Bagatelle International, Inc.
253 B-Low The Belt
101 Bossa Store PYT, Ltd.
66 CMS Associates PVT, Ltd.
1 DTE Trading, Inc. dba Viva USA
333 Envista, LLC.
43 Equal Opportunity Clothiers, Inc.
3 Et-A-LL
67 Global Design Workshop PTY, Ltd.
242 Google, Inc.
10:00 AM
136 H & D Accessories
114 Hera Collection, Inc.
177 Hollywood Model Management
48 Kacoo USA, LLC.
20 KLK Forte Industry, Inc.
313 Landmark Global, Inc.
277 Lovely Day Fashion
38 Loveriche
81 Lust For Life Footwear, LLC.
133 Lux Los Angeles
2 Melt Wearhouse, LLC.
193 Nesco Resource, LLC.
128 Next Management, LLC.
117 Peoploe 2.0 Global, LLC.
246 Premier Packaging, LLC.
335 Prologis NA2 RPP Kentucky, LLC.
281 Rakuten Marketing, LLC.
295 Rare Fashion, Ltd.
10:00 AM
205 Rehab
135 Sage Clothing (Seventh Day)
292 Salesforce.com, Inc.
Shanghai Shenda IMP. & EXP.
Shanghai Silk Group Co., LTd.
69 Shoeboos Ltd.
148 Spry Business Technology Solutions
219 Systems Integration Specialists
301 Triump Business Captial/Frasie
123 United Healthcare
37 Very J,Inc.
272 Yahoo!, Inc.
147 House of Zhivago PYT, Ltd - Shanghai Silk Group Co., Ltd.
Docket 977
- NONE LISTED -
1/19/18 -- Court approved stipulation continuing hearing on objection to claim
10:00 AM
no. 277 to April 4, 2018 at 10:00 a.m.
1/23/18 -- Court approved stipulations continuing hearings on objections to claims nos. 147 and 148 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
1/24/18 -- Court approved stipulations continuing hearings on objections to claims nos. 242, 272 and 292 to April 4, 2018 at 10:00 a.m. Hearings on balance of objections will proceed on January 31, 2018.
4/2/18 -- Court approved stipulation to continuing hearing on objection to claim no. 242 to April 25, 2018 at 10:00 a.m.
AS ALL PENDING OBJECTIONS HAVE NOW BEEN RESOLVED OR CONTINUED, OFF CALENDAR FOR APRIL 4, 2018.
4/15/18 -- Court continued hearings on objections to claim nos. 242, 272 and 292 to May 30, 2018 at 10:00 a.m. OFF CALENDAR FOR APRIL 25, 2018.
5/24/18 -- Court approved stipulation continuing hearings on objections to claims 242, 272 and 292 to July 18, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018. NO APPEARANCE REQUIRED.
7/16/18 -- Court approved stipulations resolving objections to claim nos. 272 and 292. Only unresolved objection is to claim no. 242.
7/16/18 -- Court approved stipulation continuing hearing on objection to claim no. 242 to August 15, 2018 at 10:00 a.m. OFF CALENDAR FOR JULY 18,
2018.
8/18/18 -- Court approved stipulation continuing hearing to September 26, 2018 at 10:00 a.m. OFF CALENDAR FOR AUGUST 15, 2018.
8/18/18 -- Court approved stipulation continuing hearing to September 26, 2018 at 10:00 a.m. OFF CALENDAR FOR AUGUST 15, 2018.
9/20/18 -- Court approved stipulation continuing hearing to October 10, 2018
10:00 AM
at 10:00 a.m. OFF CALENDAR. NO APPEARANCE REQUIRED.
10/4/18 -- Court approved stipulation continuing hearing to November 7, 2018 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 10, 2018.
Tentative Ruling for November 7, 2018:
The parties are not disputing the amount of Google's original claim. The dispute between them concerns whether Google received a preferential transfer (and whether it has any affirmative defenses to the avoidance of this transfer) that would warrant denial of the claim pursuant to section 502(d).
Court will not allow Google's claim without addressing the preference issue. Discuss with the parties how best to adjudicate the preference issues.
11/5/18 -- Court approved stipulation resolving claim objection. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
10:00 AM
Docket 673
- NONE LISTED -
All of the information and documentation that EWB seeks to discover falls within the scope of permissible discovery, with the exception of valuation evidence that is more than 5 years old. The real estate market was very different before then and is unlikely to produce any relevant information. The fact that EWB may be able to procure documentation from another source does not relieve the debtor of the obligation to produce any and all documents in its possession or custody or under its control. EWB is entitled to review the debtor's original source documents, such as the general ledger, and should not be limited to a review of the debtor's MORs, which may or may not be consistent with the underlying documents.
Grant motion, with the exception of valuation documents generated earlier than January 1, 2013. Direct debtor to produce any and all responsive documents that have not already been produced by the debtor without further objections, other than attorney/client privilege and work product materials.
With regard to any documents withheld on privilege grounds, debtor must produce a privilege log.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
Movant(s):
EAST WEST BANK Represented By Anastasia E Bessey Lois M Jacobs Brian A Procel
10:00 AM
Docket 93
- NONE LISTED -
Trade-in value is NOT the value that the creditor would receive if it repossessed the vehicle and sold it in a commercially reasonable manner and not the price at which the debtor would be able to procure a comparable vehicle. The trade-in value is the credit that the dealer is willing to give a customer for the vehicle -- an amount that is significantly LESS than the dealer believes it can obtain by reselling the vehicle -- so that the dealer is confident that it will obtain an appropriate margin of profit. Trade-in value is routinely far less than either wholesale or private party value. Under Rash, the appropriate value always needs to be determined in light of the debtor's anticipated use of the vehicle. The question remains and the standard is, therefore, what would the debtor have to pay if she were required to purchase a comparable vehicle instead of the one that she is currently driving, that is, replacement value.
Under section 506(a)(2), replacement value means "the price a retail merchant would charge [not pay to the debtor] for property of that kind considering the age and condition of the property at the time value is determined."
Deny motion, or, if debtor prefers, permit debtor to submit supplemental declaration re replacement value of vehicle as definted above.
Because the prohibition against modifying obligations secured by vehicles acquired within 910 days before the bankruptcy appears only in chapter 13 of the bankruptcy code, does this provision even apply in chapter 11 cases? If and when the debtor seeks to confirm a plan that attempts to modify creditor's lien, creditor should be prepared to brief this issue.
10:00 AM
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
10:00 AM
Docket 94
- NONE LISTED -
See tentative ruling for matter no. 12.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
10:00 AM
Docket 1
- NONE LISTED -
OFF CALENDAR. BANKRUPTCY CASE HAS BEEN DISMISSED.
Debtor(s):
JJJ Diners Inc Represented By
Yi Y Oh
10:00 AM
Docket 1
- NONE LISTED -
10/11/18 -- Court approved stipulation re dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
LOKI #3 Properties, LLC Represented By Tamar Terzian
10:00 AM
Docket 22
- NONE LISTED -
Todd Neilson has been selected as the chapter 11 trustee in this case. Continue hearing approximately 60 days to give movant and trustee an opportunity to confer with regard to the future of this case.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
10:00 AM
Docket 1
- NONE LISTED -
Continue case status conference to coincide with date of continued hearing on UST's motion to dismiss or convert. Set deadline for filing of case status report.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
10:00 AM
Docket 19
- NONE LISTED -
Provided service is adequate, authorize debtor to use cash collateral generated by the property solely for the purpose of paying insurance, real property taxes, operating expenses and mortgage with regard to that property until the earliest of dismissal, conversion or the effective date of a plan. Any excess rents should either be turned over to the secured creditor or held in a segregated, interest-bearing account. Lender shall receive replacement lien on post-petition rents to secure the diminution in value of its prepetition collateral. Post-petition lien shall have the same validity and priority as prepetition lien.
Debtor(s):
NineSquare Holdings LLC Represented By Andrew Moher
10:00 AM
Docket 1
- NONE LISTED -
9/25/18 -- Court signed order setting bar date for November 30, 2018. Tentative Ruling for November 7, 2018:
Who is the debtor's tenant? Is it an affiliated party? Continue case status conference approximately 90 days. Set deadline for filing updated status report.
Debtor(s):
NineSquare Holdings LLC Represented By Andrew Moher
10:00 AM
Docket 76
10/31/18 - Joon Khang, (949)419-3834, has been approved for telephonic appearance on 11/7/18 @ 10am
Application states that proposed professional is not a creditor, but that is not true. Application discloses elsewhere that professional holds a prepetition claim for $1,268 that he does not propose to waive. Are there any other factual representations made in the application or the declaration that are inaccurate?
Hearing required.
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
11:00 AM
Docket 1
- NONE LISTED -
What are all the lawsuits about? Is debtor in good standing with any and all applicable licensing authorities? If the debtor's only meaningful assets are its accounts receivable and many or most may be uncollectible, is there really a reorganization here?
Set deadline for serving notice of bar date and bar date. What has to happen before debtor will be in a position to file plan and disclosure statement?
Hearing required.
4/23/18 -- Court signed scheduling order setting following dates: L/D to serve notice of bar date -- April 20, 2018
Bar date -- June 8, 2018
Cont'd status conference -- August 1, 2018 at 11:00 a.m. L/D to file updated status report -- July 24, 2018
Tentative Ruling for August 1, 2018:
Status report was filed late and was not served on judge by expedited means. What has to happen before the debtor will be in a position to file a plan?
Does the debtor currently have any operations or operating income? Hearing required.
11:00 AM
Debtor(s):
Essence Business Group, Inc. Represented By Thomas B Ure
11:00 AM
Docket 1
10/31/18 - Joon Khang, (949)419-3834, has been approved for telephonic appearance on 11/7/18 @ 11am
Debtor owns two houses, both of which are rented? Are both properties occupied by rent-paying tenants at the moment? Where does the debtor live? Debtor seeks to hire a number of attorneys as special counsel to handle various items of litigation. What is the lawsuit against Chase about? What is the lawsuit against Nationstar about?
Set bar date for filing proofs of claim and deadline for serving notice of bar date.
8/7/18 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- August 10, 2018
Bar date -- September 24, 2018
L/D to file updated status report -- October 24, 2018
Cont'd case status conference -- November 7, 2018 at 11:00 a.m.
Tentative Ruling for November 7, 2018:
Debtor represents in his status report that he has been working on a plan and disclosure statement and that he anticipates filing this plan and disclosure statement before the date of the status conference. Has this occurred?
What does the debtor anticipate that his proposed plan will say? Hearing required.
11:00 AM
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
2:00 PM
Adv#: 2:18-01232 Thrifty Oil Co. et al v. Rickley et al
Docket 55
- NONE LISTED -
Grant motion. Permit movant to file amended answer. Movant may leave language in prayer about attorneys' fees and costs. State court won't award attorneys' fees to the prevailing party unless there is an appropriate theory under which it should award such fees. If the movant prevails and brings a motion for attorneys' fees as the prevailing party, the parties will have an opportunity to litigate this issue at that time.
Defendant(s):
Rebecca A Rickley Represented By Natasha Roit
Natasha Roit Represented By
Natasha Roit
Plaintiff(s):
Thrifty Oil Co. Represented By Matthew S Covington
Bernard D Bollinger Jr
Tesoro Refining and Marketing Represented By Matthew S Covington
Bernard D Bollinger Jr
2:00 PM
Adv#: 2:18-01232 Thrifty Oil Co. et al v. Rickley et al
fr. 7-31-18, 9-11-18, 11-14-18
Docket 5
- NONE LISTED -
Tentative Ruling for July 31, 2018:
Court does not agree that underlying bankruptcy case necessarily needs to be reopened. Authority cited by movant stands for the proposition that it is not an abuse of discretion for a bankruptcy court to remand a matter on the ground that the underlying case has been closed, particularly where the notice of removal is untimely, which is a very different matter. Just as court can retain jurisdiction over an adversary proceeding after a bankruptcy case has been closed, it may adjudicate an adversary proceeding that has been removed after closure as well.
Plaintiff's have asserted an affirmative defense in the defendants' cross complaint, arguing that certain claims are "barred and enjoined" based on events that transpired in debtor's bankruptcy case. It is more appropriate for these defenses to be adjudicated by the bankruptcy court, rather than by the state court.
Deny motion, or continue hearing on motion from time to time to give the court an opportunity to resolve the bankruptcy related issues, at which point, the matter may be remanded to state court. Discuss with parties procedures and timing for resolving bankruptcy issues.
2:00 PM
Final Ruling for July 31, 2018:
Court set a continued hearing for September 11, 2018 and a simultaneous briefing schedule. Court ordered parties to file something akin to a pretrial order with undisputed facts and list of bankruptcy related issues that the bankruptcy court needs to resolve.
Tentative Ruling for September 11, 2018:
It appears that there are sufficient undisputed facts for the court to resolve the bankruptcy related issues which are, in essence, whether any of the claims that defendants seek to assert in their cross-complaint are barred by the discharge obtained (or the revesting of property under a plan) in Thrifty's bankruptcy case. There is no need for this court to resolve anything in the alternative and it would not be advisable for this court to do so.
The operative facts (which do not appear to be in dispute) are the following:
None of the then current (or later) owners of defendants' property were listed as creditors in the bankruptcy case and none of the owners were served with notice of the bar date, other than by publication.
None of the then current (or later) owners of defendants' property filed proofs of claim in the bankruptcy case.
There was no actual litigation in the bankruptcy case concerning any of the issues that the parties are currently seeking to litigate concerning plaintiff's alleged easement over defendants' property. (The parties have not included this fact in their stipulation, but neither is claiming that such litigation occurred.)
Court will give the parties a further opportunity for briefing and will conduct a continued hearing to resolve the legal issues. In the interim, the court offers the following as a tentative ruling:
There is no basis for any right to a jury trial here. The only issues that this court is going to resolve are ones that arise under the bankruptcy code --
2:00 PM
namely, whether claims/interests/defenses have been discharged. These are core matters within the exclusive jurisdiction of the bankruptcy court that would not have existed outside of bankruptcy and there is no right to a jury trial on any such issues.
Known claims or claims held by known creditors cannot be barred using service by publication. Defendants' predecessors were the owners of adjacent properties. If a debtor wanted to bar any claims by its neighbors concerning its use or misuse of easements pertaining to their property, due process requires, at a minimum, mailing them a copy of the bar date notice.
Even if claims asserted by defendants had been barred by a discharge in bankruptcy, these claims do not evaporate for all purposes. For example, even a discharged claim can be asserted by way of setoff. See Carolco Television, Inc. v. Nat'l Broadcasting Co. (In re De Laurentise Entertainment Group), 963 F.2d 1269 (9th Cir. 1992). And the court is not aware of any principal of law that would prevent a defendant from asserting defenses against the assertion of a property interest by a reorganized debtor because a debtor obtained a discharge or because property, whether scheduled or not, revested in the debtor "free and clear of liens, claims and interests."
The plaintiff seems to be arguing that the revesting of a property interest under the plan could somehow sanitize that property or remove any problems or limitations that may exist as to the extent of its interest. Would property in which the debtor only owns a 50 percent interest prior to confirmation end up being wholly owned by the debtor after confirmation simply by virtue of the revesting free and clear of interests?
If the debtor had an illegal and unenforceable easement prior to confirmation, confirmation of a plan and revesting of that property in the debtor would not cause that easement to become legal or enforceable. And if all the debtor has is an argument that it is entitled to assert a permissive easement or an equitable easement or some other easement by operation of law, how would the revesting of property under a plan eliminate any defenses that the subject property owners would otherwise have had to the assertion of such an interest more than 20 years later?
2:00 PM
Moreover, much of the conduct of which the defendants complain was continuing conduct that occurred or continued after the discharge -- reopening the gas station without first making sure that the pipe was in an appropriate condition. How could damages resulting from conduct like that have been discharged? Is plaintiff really arguing that, if the pipe was already in a dilapidated and unsafe condition prior to confirmation and no one filed a proof of claim asserting that this was a problem before the bar date, or that, if the pipe was okay at the time of confirmation but became dilapidated thereafter, the reorganized debtor or its successors are free to pump raw sewage into the ground?
And, of course, neither a discharge nor confirmation of a plan that makes no mention of modifications to a contract will have the effect of modifying that contract. If the easement was to terminate once the plaintiff's property could be connected to a sewer line off of PCH or Topanga Canyon Boulevard, that clause does not vanish simply because a bar date passes or property revests. A contract between the parties or an interest in property that is not expressly dealt with or modified in a bankruptcy will ride through the bankruptcy unchanged. That appears to be what happened here.
Therefore, the plaintiff's sixteenth affirmative defense should be stricken with prejuduce and the balance of the matter remanded so that the state court can resolve this matter without reference to any bankruptcy issues. In other words, it does not appear that the Thrifty bankruptcy case has any bearing whatsoever on the appropriate resolution of the parties' disputes.
Tentative Ruling for November 7, 2018:
Revisit status of case after conclusion of hearing on matter no. 200.
Defendant(s):
Rebecca A Rickley Represented By Natasha Roit
Natasha Roit Represented By
Natasha Roit
2:00 PM
Movant(s):
Thrifty Oil Co. Represented By Matthew S Covington
Bernard D Bollinger Jr
Tesoro Refining and Marketing Represented By Matthew S Covington
Bernard D Bollinger Jr
Plaintiff(s):
Thrifty Oil Co. Represented By Matthew S Covington
Bernard D Bollinger Jr
Tesoro Refining and Marketing Represented By Matthew S Covington
Bernard D Bollinger Jr
10:00 AM
MOVANT: CSAB MORTGAGE-BACKED-PASS-THROUGH CERTIFICATES, SERIES 2007-1, US BANK NATIONAL ASSOCIATION AS TRUSTEE
fr. 10-9-18
Docket 9
- NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Hector Rosales Castillo Represented By Lauren M Foley
Joint Debtor(s):
Silvia Rosales Represented By Lauren M Foley
Movant(s):
CSAB Mortgage-Backed Pass- Represented By Darren J Devlin
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: BMW BANK OF NORTH AMERICA
Docket 11
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3) but without annulment.
Debtor(s):
Alberto Quiteno Represented By Jennifer Ann Aragon
Joint Debtor(s):
Maria E. Zirner De Quiteno Represented By Jennifer Ann Aragon
Movant(s):
BMW Bank of North America Represented By Cheryl A Skigin
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: MECHANICS BANK
Docket 14
11/6/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 11/13/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Benjamin Avila Represented By Francis Guilardi
Joint Debtor(s):
Norma Alicia Avila Represented By Francis Guilardi
Movant(s):
MECHANICS BANK Represented By Vincent V Frounjian
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: TD AUTO FINANCE, LLC.
Docket 8
11/5/18 - Jennifer Wang, (714)438-1058, has been approved for telephonic appearance on 11/13/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Roberto Gonzalez Represented By Jasmine Firooz
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: MONTROSE MANOR APARTMENTS, LLC
Docket 8
- NONE LISTED -
Deny motion as moot. Case has been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
John Charles Beck III Pro Se
Movant(s):
Montrose Manor Apartments, LLC Represented By
Agop G Arakelian
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: JANELLE ROGERS/JANELLE ROGERS, TRUSTEE OF THE JANELLE ROGERS FOR THE BENEFIT OF JANELLE ROGERS UNDER INSTRUMENT DATED AUGUST 16, 1995
Docket 11
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Tiina Sanders Pro Se
Movant(s):
Janelle Rogers/Janelle Rogers, Represented By Carol G Unruh
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:15-01545 Mastan v. Kim et al
fr. 4-25-17, 8-1-17, 10-3-17, 11-14-17, 12-19-17, 1-30-18, 2-13-18, 5-15-18,
7-31-18, 10-16-18
Docket 1
- NONE LISTED -
A notation on the file reflects that Judge Donovan set August 1, 2017 as a discovery cutoff and instructed plaintiff to lodge a scheduling order. Was such an order ever lodged?
Where is the joint (or collective) status report that should have been filed two weeks prior to the April, 2017 status conference? The most recent status report that the Court was able to locate was dated February 15, 2017 and was prepared for a March 1, 2017 status conference.
Order the parties to complete a day of mediation prior to the date of the next status conference.
4/28/17 -- Court approved scheduling order with following dates: Discovery cutoff -- 10/2/17
L/D to lodge order appointing mediator -- 5/30/17 L/D to complete mediation -- 8/1/17
Cont'd status conference -- August 1, 2017 at 2:00 p.m. L/D to file joint status report -- July 18, 2017
2:00 PM
6/9/17 -- Court approved stipulation continuing deadline to complete mediation and discovery cutoff to October 3, 2017 and continuing status conference to October 3, 2017 at 2:00 p.m.
8/23/17 -- Court approved order appointing mediators.
9/7/17 -- Court approved stipulation continuing discovery cutoff to October 31, 2017 and continuing status conference to November 14, 2017 at 2:00 p.m.
OFF CALENDAR FOR OCTOBER 3, 2017.
10/12/17 -- Court approved stipulation continuing discovery cutoff to November 30, 2017 and continuing status conference to December 19, 2017
at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 14, 2017.
12/1/17 -- Court approved stipulation continuing discovery cutoff to January 15, 2018 and continuing status conference to January 30, 2018 at 2:00 p.m.
OFF CALENDAR FOR DECEMBER 19, 2017.
1/3/18 -- Court approved stipulation continuing discovery cutoff to February 13, 2018 and continuing status conference to February 13, 2018 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 30, 2018.
Tentative Ruling for February 13, 2018:
Where is the joint status report that was due two weeks before the status conference? What is the status of this matter? Hearing required.
2/9/18 -- Court approved stipulation continuing hearing to May 15, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
5/11/18 -- Court approved stipulation continuing status conference to July 31, 2018 at 2:00 p.m. and continuing discovery cutoff to July 31, 2018. OFF
CALENDAR FOR MAY 15, 2018.
6/13/18 -- Court approved compromise that calls for payments over time to
2:00 PM
trustee.
7/6/18 -- Court approved stipulation dismissing action as against Loren Chang.
Tentative Ruling for July 31, 2018:
What, if anything, is left of this action? Hearing required.
7/26/18 -- Court approved stipulation continuing discovery cutoff to October 16, 2018 and continuing status conference to October 16, 2018 at 2:00 p.m.
OFF CALENDAR FOR JULY 31, 2018.
10/10/18 -- Court approved stipulation continuing hearing to November 13, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 16, 2018.
Tentative Ruling for November 13, 2018:
Where is the joint status report that should have been filed two weeks before the hearing? Have all settlement payments been made? Is the trustee now in a position to dismiss this action? Hearing required.
Debtor(s):
WELCOME MANAGEMENT Represented By Phillip H Kwon
Defendant(s):
Sang Hyun Kim Represented By Peter A Kim
Helen Pak Represented By
Peter A Kim
Loren Chang Represented By
Patricia M Bakst Hope Healthcare Management, Inc. Represented By
2:00 PM
Peter A Kim
Plaintiff(s):
Peter J Mastan Represented By Kyra E Andrassy
Trustee(s):
Peter J Mastan (TR) Represented By
Lei Lei Wang Ekvall Kyra E Andrassy
2:00 PM
Adv#: 2:18-01280 Manjikian v. Pyfrom
Docket 1
- NONE LISTED -
Motion to approve compromise was just filed. Continue hearing to December 18, 2018 at 2:00 p.m. to give the Court an opportunity to process motion for approval of compromise. APPEARANCES WAIVED ON NOVEMBER 13, 2018.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
Defendant(s):
Gregory C Pyfrom Pro Se
Plaintiff(s):
Viken Manjikian Represented By James R Selth
2:00 PM
Adv#: 2:18-01255 Avery v. Moore et al
Docket 21
- NONE LISTED -
Grant motion on claims 2, 3, 4, 7, 8 and 9. Deny request for attorneys' fees. There is no theory under which trustee is entitled to recover attorneys' fees in an action such as this.
Debtor(s):
Geneva McGrigg Represented By Theresa Hana
Defendant(s):
Larry Moore Pro Se
Marvena Moore Pro Se
Movant(s):
Wesley H. Avery Represented By David M Goodrich
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:18-01255 Avery v. Moore et al
fr. 10-9-18
Docket 1
9/13/18 - Default entered against Larry Moore and Marvena Moore.
If Court grants motion for default judgment, take status conference off calendar. If Court does not grant motion for default judgment, continue status conference to coincide with date of continued hearing on default judgment motion.
Debtor(s):
Geneva McGrigg Represented By Theresa Hana
Defendant(s):
Larry Moore Pro Se
Marvena Moore Pro Se
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By
2:00 PM
David M Goodrich
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
fr. 1-30-18, 3-6-18, 3-20-18, 4-3-18, 5-8-18, 6-26-18, 8-14-18, 10-9-18
Docket 50
11/13/18 - Leslie Cohen, (310)394-5900, has been approved for telephonic appearance on 11/13/18 @ 2pm
11/13/18 -Kyra Andrassy, has been approved for telephonic appearance on 11/13/18 @ 2pm
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Tentative Ruling for April 3, 2018:
What, if any, progress has been made with regard to settlements? Are the parties ready to proceed to hearing on this motion?
4/2/18 -- Court approved stipulation continuing hearing to May 8, 2018 at 2:00
p.m. OFF CALENDAR FOR APRIL 3, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for May 8, 2018:
Court has prepared a tentative ruling that has been withheld. What is the status of this matter? Are the parties ready to proceed to a hearing on this motion?
5/7/18 -- Court approved stipulation continuing hearing to June 26, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 8, 2018. NO APPEARANCE
2:00 PM
REQUIRED.
6/22/18 -- Court signed order approving stipulation continuing hearing to August 14, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Tentative Ruling for August 14, 2018:
Court has prepared a tentative ruling that has been withheld. What is the status of this matter? Are the parties ready to proceed to a hearing on this motion?
8/10/18 -- Court signed order approving stipulation continuing hearing to October 9 (not October 2), 2018 at 2:00 p.m. OFF CALENDAR FOR
AUGUST 14, 2018.
10/4/18 -- Court approved stipulation continuing hearing to November 13, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 9, 2018.
Tentative Ruling for November 13, 2018:
Court recently approved a series of settlements. What, if anything, is left of this action? Hearing required.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
2:00 PM
Movant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
fr. 8-1-17, 8-29-17, 10-3-17, 3-6-18, 3-20-18, 4-3-18, 5-8-18, 6-26-18, 8-14-18
10-9-18
Docket 1
11/13/18 - Leslie Cohen, (310)394-5900, has been approved for telephonic appearance on 11/13/18 @ 2pm
11/13/18 -Kyra Andrassy, has been approved for telephonic appearance on 11/13/18 @ 2pm
6/26/17 -- Court approved stipulation continuing defendant's response date to August 4, 2017 and continuing status conference to August 29, 2017 at 2:00
p.m. OFF CALENDAR FOR AUGUST 1, 2017.
8/22/17 -- Court approved stipulation continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 29, 2017.
Tentative Ruling for January 30, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Tentative Ruling for April 3, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
2:00 PM
4/2/18 -- Court approved stipulation continuing hearing to May 8, 2018 at 2:00
p.m. OFF CALENDAR FOR APRIL 3, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for May 8, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
5/7/18 -- Court approved stipulation continuing hearing to June 26, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 8, 2018. NO APPEARANCE REQUIRED.
6/22/18 -- Court signed order approving stipulation continuing hearing to August 14, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Tentative Ruling for August 14, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
8/10/18 -- Court signed order approving stipulation continuing hearing to October 9 (not October 2), 2018 at 2:00 p.m. OFF CALENDAR FOR
AUGUST 14, 2018.
10/4/18 -- Court approved stipulation continuing hearing to November 13, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 9, 2018.
Tentative Ruling for November 13, 2018:
Court recently approved a series of settlements. What, if anything, is left of this action? Hearing required.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
2:00 PM
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
10:00 AM
Docket 69
- NONE LISTED -
Grant motion. Approve sale to the highest bidder.
Debtor(s):
JUNG SHUP SIM Represented By Jaenam J Coe
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel Sonia Singh
10:00 AM
Docket 14
- NONE LISTED -
Grant motion to dismiss. If debtor would like to remain in bankruptcy, she needs to cooperate with the trustee's requests for information.
Debtor(s):
Edith Mercado-Barragan Represented By Benard C Udeozor
Movant(s):
Carolyn A Dye (TR) Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
fr. 9-26-18, 10-24-18
Docket 84
11/6/18 - Rhett Johnson, (925)416-7480, has been approved for telephonic appearance on 11/14/18 @ 10am
9/20/18 -- Court approved stipulation continuing hearing to October 24, 2018 at 10:00 a.m. OFF CALENDAR FOR SEPTEMBER 26, 2018.
Tentative Ruling for October 24, 2018:
There appear to be disputed issues of material fact. The court will not resolve this matter summarily and will require an evidentiary hearing after the parties have prepared a joint pretrial order highlighting the issues upon which they actually disagree. (It will not work to give the court two different calculations and leave it up to the court to ascertain why they are different. Pretrial order will need to set out the decision points that lead to the different calculations -- such as whether the start date should be April of 2015 or January of 2014; whether amounts paid to "independent contractors" are included in the calculations; whether the amounts paid to the insiders should be included in the calculations, etc.)
Discuss with parties whether there are issues that require discovery (perhaps at least an examination of someone familiar with the manner in which the calculations were performed on each side). Has the debtor consulted with anyone (an expert) with experience in audits of this type?
11/9/18 -- Court approved stipulation continuing deadline for State Fund to file and serve opposition to December 5, 2018, continuing reply deadline to
10:00 AM
December 12, 2018 and continuing hearing to December 19, 2018 at 10:00
a.m. OFF CALENDAR FOR NOVEMBER 14, 2018.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
10:00 AM
Docket 12
NONE LISTED -
Grant in part and deny in part. Court will set a date for a continued hearing now. Debtor should serve notice of the motion and the continued hearing date on utilities by a date set by the Court. Along with that motion should be a notice setting forth the deposits that the debtor intends to make with regard to each utility. Notice should be accompanied by payment of the actual deposits themselves. Utilities that do not object by a date certain will be deemed to have agreed to the adequate assurance that the debtor has proposed. If a utility does object, it should be required to specify in writing what it believes the debtor should be required to do in order to provide it with adequate assurance. If the parties are unable to resolve the issue consensually, the debtor should file the utility's request and its response by a date certain. Utility should have an opportunity to file a brief on this issue and the Court will resolve the question at the continued hearing. Utility will be precluded from terminating service until the resolution of the dispute.
Debtor(s):
Herbert W. Gains Represented By Martin J Brill Todd M Arnold
Joint Debtor(s):
Beth A. Gains Represented By
Martin J Brill Todd M Arnold
10:00 AM
10:00 AM
Authorizing Bidding Procedures For The Sale Of Estate Property;
Approving The Sale Of Property Under 11 U.S.C. § 363 Free And Clear Of Liens, Claims, And Encumbrances, Subject To Higher And Better Offers
Approving The Form And Manner Of Notice
Docket 154
NONE LISTED -
CALL TOGETHER WITH MATTER NO. 6
If there are overbidders, use overbid increment of $10,000 rather than
$15,000. Grant motions. Approve sale and assumption/assignment to highest bidder.
What is the trustee's response to Merchant Advance Pay's limited opposition? Are there allocation issues as between items that are being sold that are the lender's collateral and those that aren't? Hearing required.
Debtor(s):
Young Keun Park Pro Se
Trustee(s):
Elissa Miller (TR) Represented By Annie Y Stoops Aram Ordubegian Arent Fox
Andy Kong
10:00 AM
10:00 AM
Approving Sale Of Business Free And Clear Of All Liens Or Interests
Approving Overbid Procedures
Approving The Assumption And Assignment Of Real Property Lease
Granting Related Relief
Docket 146
NONE LISTED -
See tentative ruling for matter no. 5.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
Elissa Miller Represented By
Andy Kong
2:00 PM
Adv#: 2:18-01232 Thrifty Oil Co. et al v. Rickley et al
[OST]
fr. 7-31-18, 9-11-18
Docket 5
NONE LISTED -
Tentative Ruling for July 31, 2018:
Court does not agree that underlying bankruptcy case necessarily needs to be reopened. Authority cited by movant stands for the proposition that it is not an abuse of discretion for a bankruptcy court to remand a matter on the ground that the underlying case has been closed, particularly where the notice of removal is untimely, which is a very different matter. Just as court can retain jurisdiction over an adversary proceeding after a bankruptcy case has been closed, it may adjudicate an adversary proceeding that has been removed after closure as well.
Plaintiff's have asserted an affirmative defense in the defendants' cross complaint, arguing that certain claims are "barred and enjoined" based on events that transpired in debtor's bankruptcy case. It is more appropriate for these defenses to be adjudicated by the bankruptcy court, rather than by the state court.
Deny motion, or continue hearing on motion from time to time to give the court an opportunity to resolve the bankruptcy related issues, at which point, the matter may be remanded to state court. Discuss with parties procedures and timing for resolving bankruptcy issues.
2:00 PM
Final Ruling for July 31, 2018:
Court set a continued hearing for September 11, 2018 and a simultaneous briefing schedule. Court ordered parties to file something akin to a pretrial order with undisputed facts and list of bankruptcy related issues that the bankruptcy court needs to resolve.
Tentative Ruling for September 11, 2018:
It appears that there are sufficient undisputed facts for the court to resolve the bankruptcy related issues which are, in essence, whether any of the claims that defendants seek to assert in their cross-complaint are barred by the discharge obtained (or the revesting of property under a plan) in Thrifty's bankruptcy case. There is no need for this court to resolve anything in the alternative and it would not be advisable for this court to do so.
The operative facts (which do not appear to be in dispute) are the following:
None of the then current (or later) owners of defendants' property were listed as creditors in the bankruptcy case and none of the owners were served with notice of the bar date, other than by publication.
None of the then current (or later) owners of defendants' property filed proofs of claim in the bankruptcy case.
There was no actual litigation in the bankruptcy case concerning any of the issues that the parties are currently seeking to litigate concerning plaintiff's alleged easement over defendants' property. (The parties have not included this fact in their stipulation, but neither is claiming that such litigation occurred.)
Court will give the parties a further opportunity for briefing and will conduct a continued hearing to resolve the legal issues. In the interim, the court offers the following as a tentative ruling:
There is no basis for any right to a jury trial here. The only issues that this court is going to resolve are ones that arise under the bankruptcy code --
2:00 PM
namely, whether claims/interests/defenses have been discharged. These are core matters within the exclusive jurisdiction of the bankruptcy court that would not have existed outside of bankruptcy and there is no right to a jury trial on any such issues.
Known claims or claims held by known creditors cannot be barred using service by publication. Defendants' predecessors were the owners of adjacent properties. If a debtor wanted to bar any claims by its neighbors concerning its use or misuse of easements pertaining to their property, due process requires, at a minimum, mailing them a copy of the bar date notice.
Even if claims asserted by defendants had been barred by a discharge in bankruptcy, these claims do not evaporate for all purposes. For example, even a discharged claim can be asserted by way of setoff. See Carolco Television, Inc. v. Nat'l Broadcasting Co. (In re De Laurentise Entertainment Group), 963 F.2d 1269 (9th Cir. 1992). And the court is not aware of any principal of law that would prevent a defendant from asserting defenses against the assertion of a property interest by a reorganized debtor because a debtor obtained a discharge or because property, whether scheduled or not, revested in the debtor "free and clear of liens, claims and interests."
The plaintiff seems to be arguing that the revesting of a property interest under the plan could somehow sanitize that property or remove any problems or limitations that may exist as to the extent of its interest. Would property in which the debtor only owns a 50 percent interest prior to confirmation end up being wholly owned by the debtor after confirmation simply by virtue of the revesting free and clear of interests?
If the debtor had an illegal and unenforceable easement prior to confirmation, confirmation of a plan and revesting of that property in the debtor would not cause that easement to become legal or enforceable. And if all the debtor has is an argument that it is entitled to assert a permissive easement or an equitable easement or some other easement by operation of law, how would the revesting of property under a plan eliminate any defenses that the subject property owners would otherwise have had to the assertion of such an interest more than 20 years later?
2:00 PM
Moreover, much of the conduct of which the defendants complain was continuing conduct that occurred or continued after the discharge -- reopening the gas station without first making sure that the pipe was in an appropriate condition. How could damages resulting from conduct like that have been discharged? Is plaintiff really arguing that, if the pipe was already in a dilapidated and unsafe condition prior to confirmation and no one filed a proof of claim asserting that this was a problem before the bar date, or that, if the pipe was okay at the time of confirmation but became dilapidated thereafter, the reorganized debtor or its successors are free to pump raw sewage into the ground?
And, of course, neither a discharge nor confirmation of a plan that makes no mention of modifications to a contract will have the effect of modifying that contract. If the easement was to terminate once the plaintiff's property could be connected to a sewer line off of PCH or Topanga Canyon Boulevard, that clause does not vanish simply because a bar date passes or property revests. A contract between the parties or an interest in property that is not expressly dealt with or modified in a bankruptcy will ride through the bankruptcy unchanged. That appears to be what happened here.
Therefore, the plaintiff's sixteenth affirmative defense should be stricken with prejuduce and the balance of the matter remanded so that the state court can resolve this matter without reference to any bankruptcy issues. In other words, it does not appear that the Thrifty bankruptcy case has any bearing whatsoever on the appropriate resolution of the parties' disputes.
Tentative Ruling for November 14, 2018:
OFF CALENDAR. COURT RESOLVED MATTER AT HEARING HELD NOVEMBER 7, 2018. ORDER TO FOLLOW.
Defendant(s):
Rebecca A Rickley Represented By Natasha Roit
Natasha Roit Represented By
Natasha Roit
2:00 PM
Movant(s):
Thrifty Oil Co. Represented By Matthew S Covington
Bernard D Bollinger Jr
Tesoro Refining and Marketing Represented By Matthew S Covington
Bernard D Bollinger Jr
Plaintiff(s):
Thrifty Oil Co. Represented By Matthew S Covington
Bernard D Bollinger Jr
Tesoro Refining and Marketing Represented By Matthew S Covington
Bernard D Bollinger Jr
2:00 PM
Docket 109
NONE LISTED -
Approve trustee's final report in full (with consensual reduction in counsel's fees). APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Route One Transport, Inc. Represented By Rosendo Gonzalez
John J Menchaca (TR)
Trustee(s):
John J Menchaca (TR) Represented By Leonard M Shulman Robert E Huttenhoff
John J Menchaca (TR) Rika Kido
2:00 PM
Docket 59
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Genara Jade Uriarte Represented By Steven B Lever
Joint Debtor(s):
Miguel C. Uriarte Represented By Steven B Lever
Trustee(s):
Timothy Yoo (TR) Represented By Eric P Israel Aaron E de Leest
Jeffrey L Sumpter
2:00 PM
Docket 260
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Taryn Vu - Rose Represented By
Eric Bensamochan Louis J Esbin
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
Howard M Ehrenberg
2:00 PM
Docket 60
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Sung Hee Ryoo Represented By Raymond J Seo
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
2:00 PM
Docket 1056
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
IndyMac Bancorp, Inc. Represented By Dean G Rallis Jr John C Weitnauer Leib M Lerner Gilbert Mikalian
Trustee(s):
Alfred H Siegel (TR) Represented By Laura L Buchanan Kevin E Deenihan
Richard J Sahatjian
Danielle Brown - SUSPENDED - Benjamin P Saul
Robert J Pfister Whitman L Holt Jonathan M Weiss Kathryn T. Zwicker Martin R Barash Thomas M Geher
2:00 PM
Docket 21
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Gustavo Campos Represented By Sydell B Connor
Joint Debtor(s):
Annel Campos Represented By Sydell B Connor
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
[Fees requested: $3,950.00, Expenses: $31.96]
Docket 1139
NONE LISTED -
Grant application. Allow on a final basis fees of $57,820 and costs of $424.76. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
Robert S Marticello
2:00 PM
[Fees requested: $305,983.00, Expenses: $6,404.39]
Docket 1144
NONE LISTED -
Clifton Capital has not even bothered to articulate for the court any basis on which it objects to the fees currently sought. Court is not inclined to locate the prior objection on the docket and attempt to extrapolate what the creditor's objections to the new charges might be. Overrule objection.
Grant application. Allow on a final basis fees of $1,129.50 and costs of $29,010.74. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
Robert S Marticello
2:00 PM
[Fees requested: $17,477.50, Expenses: $16.05]
Docket 1126
NONE LISTED -
Grant application, with the exception of any additional estimated amounts requested for responding to objections and attending the hearing not included in the application. Allow on a final interim basis fees of $17,477.50 and costs of $16.05. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Movant(s):
Fox Rothschild LLP Represented By Mette H Kurth
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
Robert S Marticello
2:00 PM
2:00 PM
[Fees requested: $71,371.00, Expenses: $1,435.35]
Docket 1127
11/9/18 - Roger Friedman, (714)641-5100, has been approved for telephonic appearance on 11/14/18 @ 2pm
Grant application. Allow on a final basis fees of $71,371 and costs of $1,403.35. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
Robert S Marticello
2:00 PM
[Fees requested: $ 254,222.90, Expenses: $7,472.21]
Docket 1128
NONE LISTED -
Grant application. Allow on a final basis fees of $762,408.86 and costs of
$21,309.88. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
Robert S Marticello
2:00 PM
Docket 1130
NONE LISTED -
Disallow fees requested in their entirety due to undisclosed and actual conflicts of interest. Order disgorgement of any fees and expenses previously allowed.
In this procedural context, however, it is inappropriate for the court to order disgorement of amounts paid to affiliates for goods and services (rather than fees and expenses allowed to a professional person). Whoever is entitled to a refund in light of the terms of the confirmed plan of reorganization will need to bring an adversary proceeding to recover these additional amounts.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
Robert S Marticello
2:00 PM
Docket 1160
NONE LISTED -
Deny motion to continue, but see tentative ruling for matter no. 212.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
Robert S Marticello Philip E Strok
2:00 PM
[Fees requested: $113,715.00, Expenses: $481.37]
Docket 1129
NONE LISTED -
Grant application. Allow on a final basis fees of $496,080 ($113,715 in new fees and
$382,365 previously allowed) and costs of $3,260.41 ($481.37 in new costs and
$2,779.04 previously allowed). Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
Robert S Marticello
2:00 PM
Docket 1131
NONE LISTED -
Grant application. Allow on a final basis all amounts previously allowed on an interim basis, namely, fees of $96,150 and no costs. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
Robert S Marticello
2:00 PM
[Fees requested: $10,350.00, Expenses: $0.00]
Docket 1132
NONE LISTED -
As court has previously explained, scope of services being provided by this professional are sufficiently narrow as to make descriptions provided adequate. Overrule objection. Grant application. Allow on a final fees of
$133,450 ($123,100 previously allowed, plus $10,350 in additional fees) and no costs. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
Robert S Marticello
2:00 PM
[Fees requested: $29,348.50, Expenses: $258.98]
Docket 1133
NONE LISTED -
Where is written statement from client? Assuming that is provided and there are no objections, grant application. Allow on final basis fees of $105,588.25 and costs of $473.85. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds.
APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
Robert S Marticello
2:00 PM
Docket 1134
NONE LISTED -
Overrule objections. Trustee has performed admirably in a complex case and is entitled to the full compensation allowed by the code. Absent extraordinary circumstances, court does not reduce this fee and replace it with a lodestar fee. Grant application. Allow on a final basis fees of $1,155,844.71 and costs of
$5,110.13. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
Robert S Marticello
2:00 PM
[Fees requested: $728,977.50, Expenses: $15,380.26]
Docket 202
NONE LISTED -
Allow on interim basis fees of $728,977.50 and costs of $15,300.26. Ratify payments made to date and authorize professionals to share available funds ($100,000?) on a pro rata basis (rather than requested payment of $50,000).
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
2:00 PM
[Fees requested: $413,003.50, Expenses: $40,647.54]
Docket 203
NONE LISTED -
Allow on interim basis fees of $413,003.50 and costs of $40,647.54. Ratify payments made to date and authorize professionals to share available funds ($100,000?) on a pro rata basis (rather than requested payment of $50,000).
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
2:00 PM
[Fees requested: $21,090.00, Expenses: $1,079.87]
Docket 140
NONE LISTED -
Grant application. Allow on a final basis fees of $45,937.62 and costs of $3,817.99. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
2:00 PM
[Fees requested: $7500.00, Expenses: $.0.00]
Docket 143
NONE LISTED -
Grant application. Allow on a final basis fees of $18,226 and no costs. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
2:00 PM
[Fees requested: $57,465.10, Expenses: $750.36]
Docket 89
NONE LISTED -
Grant application. Allow on a final basis fees of $57,465.10 and costs of $750.36. Ratify payments made to date and direct debtor to pay remaining balance due.
APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Ayanna Walden M.D., Inc. Represented By Creighton A Stephens Rosa A Shirley George E Schulman Michael G D'Alba
2:00 PM
[Fees requested: $26,095, Expenses: $959.39]
Docket 113
NONE LISTED -
Grant application. Allow on interim basis fees of $26,095 and costs of $959.39. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
Movant(s):
WDH Contractor Services, LLC Represented By Alla Tenina Alla Tenina
2:00 PM
[Fees requested: $30310, Expenses: $927.35]
Docket 93
11/7/18 - Joon Khang, (949)419-3834, has been approved for telephonic appearance on 11/14/18 @ 2pm
Grant application. Allow on interim basis fees of $30,310 and costs of $927.35. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
2:00 PM
[Fees requested: $10390, Expenses: $116.00]
Docket 94
11/7/18 - Joon Khang, (949)419-3834, has been approved for telephonic appearance on 11/14/18 @ 2pm
Grant application. Allow on interim basis fees of $10,390 and costs of $116. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
10:00 AM
DEBTOR, DANA HOLLISTER 2:18-BK-12429NB
fr. 6-19-18
Docket 0
NONE LISTED -
Take appearances on the record in courtroom and then invite parties to chambers for mediation.
Debtor(s):
Dana Hollister Represented By David A Tilem
10:00 AM
MOVANT: JPMORGAN CHASE BANK NA .
Docket 15
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
RoxSan Pharmacy, Inc. Represented By John A Lapinski
Movant(s):
JPMorgan Chase Bank, N.A. Represented By Joseph M Pleasant
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
MOVANT: THE BANK OF NEW YORK MELLON
Docket 35
NONE LISTED -
Grant motion, including waiver of Rule 4001(a)(3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included the transfer of an interest in property without movant's consent and multiple bankruptcy filings affecting this property.
Debtor(s):
Kwang T Kim Pro Se
Movant(s):
THE BANK OF NEW YORK Represented By
Dane W Exnowski
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: WESTRIDGE LENDING FUND, LLC.
Docket 38
11/15/18 - Mark Estle, (619)992-9264, has been approved for telephonic appearance on 11/27/18 @ 10am
Grant motion, including waiver of Rule 4001(a)(3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included the transfer of an interest in property without movant's consent and multiple bankruptcy filings affecting this property.
Debtor(s):
Kwang T Kim Pro Se
Movant(s):
Westridge Lending Fund, LLC, a Represented By
Mark D Estle
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
362(c)(4)(A)(ii) UNDER 11 U.S.C. §362(c)(3).
MOVANT: KEITH OLMO AND FRONTLINE CAPITAL, INC. fr. 11-6-18
Docket 15
NONE LISTED -
Tentative Ruling from November 6, 2018:
This is debtor's second bankruptcy case pending within the year. First case was filed on September 12, 2017 and dismissed on September September 28, 2017. This case was filed on August 29, 2018, which was within a year after the earlier filing. More than 30 days has elapsed since this case was filed and the debtor has neither sought nor obtained an extension of the automatic stay.
Grant motion (with waiver of Rule 4001(a)(3)), but what relief does movant intend to seek as against the debtor? Hearing required.
Final Ruling for November 6, 2018:
Continue hearing to November 27, 2018 at 10:00 a.m. Movant should serve trustee's counsel with moving papers and notice of continuance not later than November 6, 2018 and confer with trustee's counsel to make sure that movant is not trying to prosecute claims that belong to the estate. Notice should advise parties in interest that oppositions will be due by November 20, 2018.
10:00 AM
Tentative Ruling for November 27, 2018:
Did movant serve trustee with moving papers or only with notice of continuance? Has movant conferred with the trustee concerning the relief sought by this motion? Hearing required.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Movant(s):
Keith Olmo Represented By
Carl Mueller
FRONTLINE CAPITAL, INC. Represented By Carl Mueller
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
MOVANT: RITA TAYLOR
Docket 9
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Jon Stephen Vatcher Represented By Raymond J Bulaon
Joint Debtor(s):
Theresa Anne Vatcher Represented By Raymond J Bulaon
Movant(s):
Rita Taylor Represented By
Berry J Neil
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: SHERYL TAYLOR
Docket 10
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Jon Stephen Vatcher Represented By Raymond J Bulaon
Joint Debtor(s):
Theresa Anne Vatcher Represented By Raymond J Bulaon
Movant(s):
Sheryl Taylor Represented By Berry J Neil
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: HSBC BANK USA, NATIONAL ASSOCIATION
Docket 17
NONE LISTED -
Deny request for relief under section 362(d)(1) due to existence of sizeable equity cushion, but grant motion under section 362(d)(2) (without waiver of Rule 4001(a)(3)) as debtor lacks equity in the property.
Debtor(s):
Bartolome G Collera Jr Pro Se
Movant(s):
HSBC Bank USA, National Represented By Cassandra J Richey
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: BMW BANK OF NORTH AMERICA
Docket 18
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Bartolome G Collera Jr Pro Se
Movant(s):
BMW Bank of North America Represented By Cheryl A Skigin
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: 12407 WAGNER PARTNERS, LLC.
Docket 12
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Tamera Cruz Pro Se
Movant(s):
12407 WAGNER PARTNERS LLC Represented By
Agop G Arakelian
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: MARGARITA ORDONEZ
Docket 12
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Vincent Michael Parton Represented By Randy Alexander
Joint Debtor(s):
Carmen Parton Represented By Randy Alexander
Movant(s):
MARGARITA ORDONEZ Represented By
Ivan M Lopez Ventura
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: CENTER STREET LENDING FUND IV SPE, LLC.
Docket 106
NONE LISTED -
This is a chapter 11 case and there is no evidence that the property is declining in value. Court is not yet in a position to include that there is no reasonable prospect of reorganization within a reasonable period. Debtor has filed a plan and disclosure statement that is set for hearing on December 12, 2018. Deny motion or, if movant prefers and consents to continuance, continue hearing to coincide with date of hearing on disclosure statement so that, if court concludes that plan cannot be confirmed within a reasonable period at some point during the confirmation process, it can grant relief from stay.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
Movant(s):
Center Street Lending Fund IV SPE, Represented By
Kristin A Zilberstein
2:00 PM
Adv#: 2:13-01406 Menchaca v. RESS Financial Corporation, a California Corporati
Docket 298
11/16/18 - Jeffrey Broker, (949)222-2000, has been approved for telephonic appearace on 11/27/18 @ 2pm
11/21/18 - William Burd, (949)851-7450, has been approved for telephonic appearance on 11/27/18 @ 2pm
11/21/18 - Matthew Clarke, (972)253-4440 x2, has been approved for telephonic appearance on 11/27/18 @ 2pm
BAP remanded this matter as it found that the bankruptcy court had applied an incorrect legal standard in finding RESS in contempt from and after December 20, 2012 and in applying a preponderance of the evidence standard to the issues of RESS's knowledge and willfulness.
Moving party has the burden of showing by clear and convincing evidence that the contemnors violated a specific and definite order of the court. The standard in the contempt context is different from that under section 362(k). In the contempt context, the party must know of the stay and that the stay applies to its conduct. Knowledge of the stay may not be inferred simply because the creditor knoew of the bankruptcy. Even an unreasonable belief that the stay does not apply to a creditor's claims would preclude a finding of contempt. But, once a creditor becomes aware of a stay violation (i.e., by learning that the stay applies to its conduct), it has an affirmative duty to remedy that violation.
A plaintiff seeking contempt sanctions must show by clear and convincing evidence that contemnors violated a specific and definite order of the court.
2:00 PM
The clear and convincing standard appl;kies not only to whether the stay has been violated, but also to knowledge and intent.
On remand, the bankruptcy court may award damages only if it finds that the Trustee presented clear and convincing evidence that RESS knew that the stay applied to its conduct and acted intentionally in its conduct that violated the stay. A good faith belief, even if unreasonable, precludes an award of damages for contempt. In making its findings, the bankruptcy court may need to differentiate between RESS's knowledge of the applicability of the stay between December 20, 2012 and April 2, 2013 and its knowledge thereafter. It is entirely possible that there was no real dispute about RESS's knowledge as of April 2, when it was served with the Trustee's complaint: Mr. Beasley testified that once he read the bankruptcy court's valuation order, which was attached to the complaint, he realized that the reconveyed parcels were part of the bankruptcy estate and thus protected by the stay.
Civil contempt sanctions for willful violations of the automatic stay may appropriately include actual damages and attorneys' fees and costs incurred in voiding the stay violation and in pursuing damages for the violation.
Discuss with the parties how best to proceed in light of the current procedural posture of the case.
Debtor(s):
The Preserve, LLC Represented By Jeffrey W Broker Richard A Harvey
Defendant(s):
RESS Financial Corporation, a Represented By William M Burd Michael D May
National Financial Lending, Inc. Pro Se
Does 1 through 20 Pro Se
2:00 PM
Plaintiff(s):
John Menchaca Represented By Irving M Gross Timothy J Yoo Steven J. Katzman Anthony Bisconti Monica Y Kim Matthew M Clarke
Trustee(s):
John J Menchaca (TR) Represented By Monica Y Kim
John J Menchaca (TR) Steven J. Katzman Matthew M Clarke Jeffrey W Broker
2:00 PM
Adv#: 2:18-01291 Avery v. Jimenez et al
Docket 1
10/22/18 - Amended complaint filed. 10/25/18 - Another Summons issued
Response to complaint is not due until November 26, 2018. Continue status conference to January 8, 2019 at 2:00 p.m. Parties should file JOINT status report two weeks prior to the continued status conference. Appearances waived on November 27, 2018.
Debtor(s):
Gilberto Arambula Jr. Represented By
Michael H Colmenares
Defendant(s):
Maria Jimenez Pro Se
Armando Jimenez Pro Se
Joint Debtor(s):
Sully Mariela Jimenez Represented By
Michael H Colmenares
Plaintiff(s):
Wesley H Avery Represented By David M Goodrich
2:00 PM
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:18-01305 Amos et al v. Rodriguez
Docket 1
11/16/18 - Default entered against Christian Bruce Rodriguez.
Default has (finally) been entered. Set deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Christian Bruce Rodriguez Represented By Charles J Brash
Defendant(s):
Christian Bruce Rodriguez Pro Se
Plaintiff(s):
David Amos Represented By
Bryan L Ngo
Wendy Hesterly Represented By Bryan L Ngo
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01297 Berkhahn v. Wells Fargo Education Financial Services et al
Docket 1
11/9/18 - Request that Clerk issue another summons and notice of status conference filed - to be served on Defendant U.S. Department of Education. However, the Status Conference is only 14 days away. Unable to issue summons until after Judge's Ruling or new Status Conference date given at Status Confence on 11/27/18 @ 2pm.
11/21/18 - Randy Mroczynski, (714)431-1026, has been approved for telephonic appearance on 11/27/18 @ 2pm
11/9/18 -- Court approved stipulation discharging plaintiff's liability on Navient loan and dismissing Navient and SLM as defendants in this action.
The unilateral status report filed by counsel for plaintiff (although first page of report left identity of party represented blank)represents that plaintiff has requested an alias summons because she inadvertently failed to serve the Attorney General and the US Attorney. The joint status report filed by the parties has the box checked reflecting that all parties have now been served. Is this accurate?
Set discovery cutoff for late March 2019 and continued status conference for approximately the same time frame.
2:00 PM
Debtor(s):
Rachael Ann Berkhahn Represented By Sanaz S Bereliani
Defendant(s):
Wells Fargo Education Financial Pro Se Salander Enterprises, LLC, Assinee Pro Se
U.S. Dept of Education Pro Se
Wells Fargo Bank N.A. Represented By
Randall P Mroczynski
Navient Solutions, LLC Represented By Robert S Lampl
Plaintiff(s):
Rachael Ann Berkhahn Represented By Sanaz S Bereliani
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01307 NG DIP LIQUIDATING TRUST v. City of Los Angeles
Docket 5
NONE LISTED -
Deny motion to dismiss. Set deadline for defendant to answer complaint.
Plaintiff is not seeking turnover under section 542 of the bankruptcy code. Therefore, property does not need to be (or have been) property of the estate. This is a fraudulent transfer action and, in that context, by definition, the property that the debtor seeks to recover had been transferred or conveyed away as of the commencement of the case. (And the concept of a transfer within the meaning of section 548 includes involuntary transfers and is sufficiently broad to encompass not only the overpayment of the funds in the first place, but also the loss of a right to a refund due to a failure to claim it in a timely manner).
To the extent that the plaintiff is proceeding under section 548, there is no requirement that the plaintiff plead or prove the existence of a prepetition creditor with an unsatisfied claim from before the time of the transfer who could have sued to recover the transfer. As to the claim under section 3439.04(a)(2), the plaintiff has adequately pleaded the existence of a creditor whose claim arose before or after the transfer. As to the claim under section 3439.05, the plaintiff has adequately pleaded the existence of a creditor whose claim arose before the transfer. If plaintiff ultimately seeks to proceed under the state law theories of recovery, rather than solely under section 548, it will be necessary for it to prove the accuracy of these allegations, but, at this juncture, the pleading is sufficient.
2:00 PM
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Defendant(s):
City of Los Angeles Represented By Wendy A Loo
Movant(s):
City of Los Angeles Represented By Wendy A Loo
Plaintiff(s):
NG DIP LIQUIDATING TRUST Represented By
Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01307 NG DIP LIQUIDATING TRUST v. City of Los Angeles
Docket 1
NONE LISTED -
Revisit status of action after conclusion of hearing on matter no. 204.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Defendant(s):
City of Los Angeles Represented By Wendy A Loo
Plaintiff(s):
NG DIP LIQUIDATING TRUST Represented By
Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01023 Cunjak v. Garcia
fr. 7-17-18, 10-2-18
Docket 10
NONE LISTED -
Local Bankruptcy Rule 7026-1(c) provides as follows:
General. Unless excused from complying with this rule by order of the court for good cause shown, a party must seek to resolve any dispute arising under FRBP 7026-7037 or FRBP 2004 in accordance with this rule.
Meeting of Counsel. Prior to the filing of any motion relating to discovery, counsel for the parties must meet in person or by telephone in a good faith effort to resolve a discovery dispute. It is the responsibility of counsel for the moving party to arrange the conference. Unless altered by agreement of the parties or by order of the court for cause shown, counsel for the opposing party must meet with counsel for the moving party within 7 days of service upon counsel of a letter requesting such meeting and specifying the terms of the discovery order to be sought.
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Continue hearing to give parties a (further) opportunity to comply with this local rule.
9/18/18 -- Court approved stipulation continuing hearing to November 27, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Tentative Ruling for November 27, 2018:
Document Request No. 46:
If he has not done so already, defendant should provide plaintiff with a declaration attesting to the fact that the documents he has provided are all the documents that he has within his possession or under his control and that he does not intend to rely on any other documents to support his position re valuation. That will be sufficient. (If plaintiff would like more information as to how the defendant arrived at this valuation, interrogatories or a deposition would be the way to proceed.) If there are issues regarding the value of any vehicle, plaintiff should also consider simply conducting an examination of the vehicle.
Document Demands 48, 52, 53 and 54:
Court agrees that defendant has an obligation to procure documents that would be available to him from the DMV; however, has the plaintiff already subpoened these documents from the DMV himself? If so, does plaintiff believe that the documents that the defendant could procure from the DMV would be more complete than the ones that plaintiff can obtain himself from the DMV? In light of amendments to the code of civil procedure, it would seem inappropriate to require the defendant to produce a set of documents that would be a duplicate of the documents that the plaintiff has obtained
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directly. If defendant has no additional documents other than the ones that could be obtained from the DMV, defendant should provide declaration under penalty of perjury to this effect and should include in that declaration an explanation of what became of any responsive documents that he might once have had, why those weren't retained, what documents used to exist, contact information for any buyers/transferees/donees, etc.
Interrogatory No. 4:
Grant motion to the extent that it seeks a further response to this interrogatory. See page 21 of parties' stipulation at lines 1 through 9 for an explanation of the kind of additional information that should be provided.
Interrogatory No. 8:
In light of the way paragraph 17 of the complaint was written, an interrogatory asking for facts supporting defendant's denial of the allegation is not likely to elicit the information that plaintiff seeks. Plaintiff should simply pose the questions it has directly. (See questions on page 24 at lines 13-14.) Deny request for further response to this interrogatory.
Debtor(s):
Joseph Michael Garcia Represented By John Asuncion
Defendant(s):
Joseph Michael Garcia Represented By Sevan Gorginian
Movant(s):
Michael Cunjak Represented By Sanaz S Bereliani
Plaintiff(s):
Michael Cunjak Represented By Sanaz S Bereliani
2:00 PM
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01023 Cunjak v. Garcia
Complaint by Michael Cunjak against Joseph Michael Garcia fr. 4-3-18, 7-17-18, 0-2-18
Docket 1
NONE LISTED -
Set discovery cutoff for late July, 2018 and continue status conference to approximately same time frame.
4/9/18 -- Court approved scheduling order setting following dates: Cont'd status conference -- July 17, 2018 at 2:00 p.m.
L/D to file joint status report -- July 3, 2018 L/D to conduct discovery -- July 31, 2018
Tentative Ruling for July 17, 2018:
Continue status conference to date of continued hearing on discovery motion. Continue discovery cutoff in the interim.
9/12/18 -- Court signed order extending discovery cutoff to October 31, 2018.
9/18/18 -- Court approved stipulation continuing hearing to November 27, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Tentative Ruling for November 27, 2018:
Revisit status of action after conclusion of hearing on matter no. 206.
2:00 PM
Debtor(s):
Joseph Michael Garcia Represented By John Asuncion
Defendant(s):
Joseph Michael Garcia Represented By Sevan Gorginian
Plaintiff(s):
Michael Cunjak Represented By Sanaz S Bereliani
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01224 Time Warner Cable Pacific West LLC v. Figueroa et al
Docket 9
11/21/18 - Nelson Boylan, (661)878-0800, has been approved for telephonic appearance on 11/27/18 @ 2pm
Tentative Ruling for October 23, 2018:
State court judgment doesn't reflect theories under which judgment was entered. Court needs additional information to determine whether elements required for entry of judgment in this action were actually and necessarily decided in the state court action. Court needs to see a copy of the complaint in the LASC action.
Hearing required.
Final Ruling for October 23, 2018:
Plaintiff should file and serve notice of continuance and supplemental declaration not later than November 13, 2018. Hearing continued to November 27, 2018 at 2:00 p.m.
Tentative Ruling for November 27, 2018:
Court needs to find that the elements necessary to state a claim under one or more of the sections set forth in plaintiff's complaint have necessarily been found by the state court. Plaintiff is proceeding under sections 523(a)(2), 523(a)(4) and 523(a)(6) in this action. It does not appear from the complaint or the state court judgment that there were any findings necessarily made as
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to the defendant's state of mind (whether he intended to cause harm or knew that harm was substantially certain to occur) or any representations made by the defendant that can be said to be false upon which plaintiff relied, etc.
Deny motion insofar as it seeks judgment under sections 523(a)(2) and (a)(6).
What elements must be proven to establish "larceny" within the meaning of section 523(a)(4)? Are those elements satisfied by the findings necessary to support a judgment under California's anti-piracy statute, P.C. section 593(d)? Hearing required.
Debtor(s):
Joel De Jesus Figueroa Represented By Daniel A DeSoto
Defendant(s):
Joel De Jesus Figueroa Pro Se
Ana Figueroa Pro Se
Joint Debtor(s):
Ana Miriam Figueroa Represented By Daniel A DeSoto
Movant(s):
Time Warner Cable Pacific West Represented By
Nelson R Boylan
Plaintiff(s):
Time Warner Cable Pacific West Represented By
Nelson R Boylan
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01224 Time Warner Cable Pacific West LLC v. Figueroa et al
fr. 9-26-18, 10-23-18
Docket 1
11/21/18 - Nelson Boylan, (661)878-0800, has been approved for telephonic appearance on 11/27/18 @ 2pm
If Court grants motion for default judgment, take status conference off calendar. If Court does not grant motion for default judgment, continue status conference to coincide with date of continued hearing on default judgment motion.
Debtor(s):
Joel De Jesus Figueroa Represented By Daniel A DeSoto
Defendant(s):
Joel De Jesus Figueroa Pro Se
Ana Figueroa Pro Se
Joint Debtor(s):
Ana Miriam Figueroa Represented By Daniel A DeSoto
2:00 PM
Plaintiff(s):
Time Warner Cable Pacific West Represented By
Nelson R Boylan
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
Docket 125
NONE LISTED -
11/19/18 -- Court signed stipulation continuing hearing to December 18, 2018 at 2:00 pm. OFF CALENDAR FOR NOVEMBER 27, 2018.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth Stephen S Smyth
Alexandre Oh Represented By
Andrew Edward Smyth Stephen S Smyth
Julie A Taberdo Represented By Michael A Coletti
2:00 PM
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
Andrew Edward Smyth Stephen S Smyth
Movant(s):
Benjamin Hooshim Represented By
Andrew Edward Smyth Stephen S Smyth
Alexandre Oh Represented By
Andrew Edward Smyth Stephen S Smyth
Chonghee Jane Kim Represented By
Andrew Edward Smyth Stephen S Smyth
Plaintiff(s):
Edward M Wolkowitz Represented By Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
fr. 7-25-17, 11-14-17, 11-28-17, 1-9-18, 4-3-18, 4-11-18, 6-26-18, 7-17-18,
10-16-18
Docket 1
6/27/17 - Request for entry of default against Julie Taberdo 6/27/17 - Request for entry of default against Lynn Wolcott
6/27/17 - Request for entry of default against TD Foreclosure Services, Inc.
Defaults have been entered as against Lynn Wolcott, Julie Taberdo and TD Foreclosure Services.
The trustee is of the opinion that there are legal issues that can be resolved through a motion for partial summary adjudication. Set deadline for the filing of such motions and continue status conference to a date that can serve as a date for hearing on those motions.
9/20/17 -- Court approved scheduling order continuing status conference to November 14, 2017 at 2:00 p.m., ordering parties to file a joint status report not later than Octoer 31, 2017, ordering trustee to file and serve his motion for partial summary judgment against GB Inland Properties not later than
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September 26, 2017 and set it for hearing on November 14, 2017 at 2:00
p.m. and directing that any motion to vacate a default be filed not later than September 26, 2017 and set for hearing on or before November 14, 2017 at 2:00 p.m.
Tentative Ruling for November 14, 2017:
Why didn't the trustee comply with the court's directive to file his motion for partial summary judgment in time to have it heard on November 14, 2017? That motion is currently set for November 28, 2017.
Revisit status of action after conclusion of related matter on calendar. Tentative Ruling for November 28, 2017:
Revisit status of action after conclusion of related matter on calendar.
Tentative Ruling for January 9, 2018:
Set deadline for filing amended complaint and deadline for filing response to complaint.
Tentative Ruling for April 11, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
6/22/18 -- Court signed order approving stipulation continuing hearing to July 17, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Tentative Ruling for July 17, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
Tentative Ruling for October 16, 2018:
(Where is status report that should have been filed October 2, 2018?) Plaintiff has now filed third amended complaint and defendants have
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answered. Defendants have brought motion for summary judgment that is set for hearing on November 27, 2018 at 2:00 p.m. Continue status conference to November 27, 2018 at 2:00 p.m. to be held concurrently with motion for summary judgment. APPEARANCES WAIVED ON OCTOBER 16, 2018.
11/19/18 -- Court signed stipulation continuing hearing to December 18, 2018 at 2:00 pm. OFF CALENDAR FOR NOVEMBER 27, 2018.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth Stephen S Smyth
Alexandre Oh Represented By
Andrew Edward Smyth Stephen S Smyth
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
Andrew Edward Smyth Stephen S Smyth
2:00 PM
Plaintiff(s):
Edward M Wolkowitz Represented By Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
Docket 242
NONE LISTED -
Court is not troubled by the lack of notice to, or participation of, the defendants in the collection actions. The issue of whether it is the trustee or the transferee that has the ability to collect on the avoided accounts is not a dispute in which the account debtors are entitled to participate. The mere fact that they will be able to argue about the consequences that flow from whatever decision the court makes does not give them the ability to litigate the issue in the first instance.
The Court will not provide any comfort order with regard to transfers that were not avoided, but court agrees with movant that clarification is necessary and appropriate as to the transfers that were avoided. As Court has previously explained, the statute (section 550) gives the trustee the ability to elect remedies. There are several possible approaches to the situation in which the parties find themselves. The trustee needs to select one and not some combination of these approaches.
The trustee could take the position that the accounts as to which the transfers to Flanagan have been avoided (the "Avoided Accounts") should be/will be assigned to Flanagan for collection. The Court will need to resolve the issue of Flanagan's compensation/reimbursement arrangements. (See tentative ruling for matter no. 213). And Flanagan would need to agree to these arrangements. Net proceeds would paid to the trustee, including all collections to date, less the amount the court determines is appropriate reimbursement/compensation to Flanagan. These amounts would be credited against the monetary judgment to which the trustee is entitled. Provided Flanagan complies with the existing turnover order (net of approved
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compensation/reimbursement), the actual net collections would be treated as the presumptive value of the Avoided Accounts, but the trustee would have the ability to rebut the presumption by showing, for example, that misconduct, neglect, dishonesty, etc. on Flanagan's part caused the net collections to be reduced below what they should have been had Flanagan not misbehaved.
NOTE: Trustee should only elect to proceed in this manner if he is satisfied that the trustee and the estate would not have liability for any misconduct on the part of Flanagan in connection with the manner of collection, other than reduced collections. (Court has not researched whether the assignor can be held responsible for the misconduct of someone to whom an account is assigned for collection.)
The trustee could accept a turnover of the accounts themselves and have someone other than Flanagan do the collections. These amounts would be credited against the monetary judgment to which the trustee is entitled. Provided the Avoided Accounts and all collections to date (net of approved compensation/reimbursement) are turned over, the actual net collections would be treated as the presumptive value of the Avoided Accounts, but the trustee would have the ability to rebut the presumption by showing, for example, that misconduct, neglect, dishonesty, etc. on Flanagan's part prior to the turnover caused the net collections to be reduced below what they should have been had Flanagan not misbehaved.
The trustee could walk away from the collection process entirely (other than the collections to date, less approved compensation/reimbursement) and accept a money judgment for the value of the accounts as of the date of the transfers, less any credit for the collections turned over. Rather than risk obtaining an uncollectible money judgment, the trustee might wish to explore whether he could obtain a prejudgment attachment against the future recoveries in the collection actions as a collection vehicle, but, in that instance, the trustee's interest in the collections would by that of a lienholder, not an owner.
The estate could employ Flanagan or his firm as its agent to collect the accounts for the benefit of the estate on terms agreed to by the parties or established by the court in response to the motion on calendar as item no.
213. However, in light of the issues being raised by the defendants with
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regard to the manner in which these accounts are being collected, this approach appears to be ill-advised.
Hearing required.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Video Symphony, LLC Represented By Samuel Price
Movant(s):
Michael Gerard Flanagan Represented By Samuel Price Samuel Price Samuel Price
Video Symphony, LLC Represented By Samuel Price
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
2:00 PM
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
Docket 244
NONE LISTED -
Court will not approve compensation arrangements on an hourly fee basis. Had there been an arms length negotiation between a collection attorney and the trustee (or any payee for that matter), the result would have been an arrangement that provided the collection attorney with reimbursement for filing fees, process server fees and a percentage of the recovery that might vary depending on whether it had been necessary to file suit, proceed to trial, etc. Continue hearing to give parties an opportunity to present evidence and argument as to the going rate for comparable services in this market.
In the interim, give movant an interim credit for his estimate of $77,100 for filing fees and $13,500 for service of process against the amounts that he has already been ordered to turnover. Has movant paid any amounts to the trustee?
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price Alice Yick Flanagan, as trustee of Represented By
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Samuel Price
Video Symphony, LLC Represented By Samuel Price
Movant(s):
Michael Gerard Flanagan Represented By Samuel Price Samuel Price Samuel Price
Video Symphony, LLC Represented By Samuel Price
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
fr. 10-23-18
Docket 207
11/14/18 - Monica Miller, (213)894-4061, has been approved for telephonic appearance on 11/27/18 @ 2pm
Tentative Ruling for October 23, 2018:
Based on the Court's in camera review of the documents provided by the Dept. of Education, in addition to the two investigators, there are appear to be 6 individuals mentioned in the documents who are not on the list of the parties who were given notice of the instant motion. Discuss with the parties how best to ensure that these parties receive notice.
Final Ruling for October 23, 2018:
Continue hearing to November 27, 2018 at 2:00 p.m. Court will enter an interim order requiring the Department of Education to give the trustee names of persons upon whom to serve notice. (Order entered October 26, 2018.) Trustee should file and serve supplemental declaration re efforts to serve by November 13, 2018.
Tentative Ruling for November 27, 2018:
Additional names have been turned over. Trustee has served additional parties other than Maria Zapata. Grant relief requested by the motion with the exception of redactions related to Ms. Zapata.
2:00 PM
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Video Symphony, LLC Represented By Samuel Price
Movant(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
fr. 8-30-16, 10-4-16, 11-29-16, 4-4-17, 4-25-17, 5-9-17, 6-13-17, 8-22-17,
10-3-17, 2-6-18, 2-13-18, 6-5-18, 9-11-18, 10-23-18
Docket 1
NONE LISTED -
8/11/16 -- Court approved stipulation continuing status conference to October 4, 2016 at 2:00 p.m. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for November 29, 2016:
Revisit status of action after conclusion of related matters on calendar.
3/21/17 -- Court approved stipulation continuing hearing to April 25, 2017 at 2:00 p.m. OFF CALENDAR FOR APRIL 4, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
2:00 PM
Revisit status of action after conclusion of related matters on calendar.
8/14/17 -- Court approved stipulation extending certain dates and continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 22,
2017.
Tentative Ruling for October 3, 2017:
Revisit status of action after conclusion of related matters on calendar.
2/5/18 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 5, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar. 2/20/18 -- Court approved scheduling order with following dates: Cont'd status conference -- June 5, 2018 at 2:00 p.m.
L/D to file joint status report -- May 22, 2018 Discovery cutoff -- August 17, 2018
Tentative Ruling for June 5, 2018:
Extend discovery cutoff to March 2019 and order the parties to mediation.
6/11/18 -- Court approved order setting following dates:
Cont'd status conference -- September 11, 2018 at 2:00 pm L/D to serve and file joint status report -- August 28, 2018 L/D to complete discovery -- March 29, 2019
Tentative Ruling for September 11, 2018:
2:00 PM
Continue status conference until early January, 2019. Order parties to complete a day of mediation prior to date of continued status conference.
Tentative Ruling for November 27, 2018:
Revisit status of action after conclusion of related matters on calendar.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Video Symphony, LLC Represented By Samuel Price
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
Adv#: 2:16-01480 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
fr. 1-10-17, 4-4-17, 4-25-17, 5-9-17, 6-13-17, 8-22-17, 10-3-17, 2-6-18, 2-13-18,
6-5-18, 9-11-18, 10-23-18
Docket 1
NONE LISTED -
12/22/16 -- Court approved stipulation continuing hearing to April 4, 2017 at 2:00 p.m. and waiving status report for that conference. OFF CALENDAR FOR JANUARY 10, 2017. NO APPEARANCE REQUIRED.
3/21/17 -- Court approved stipulation continuing hearing to April 25, 2017 at 2:00 p.m. OFF CALENDAR FOR APRIL 4, 2017.
HEARING CONTINUED TO MAY 9, 2017 AT 2:00 P.M. OFF CALENDAR FOR APRIL 25, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
Revisit status of action after conclusion of related matters on calendar.
2:00 PM
8/14/17 -- Court approved stipulation extending certain dates and continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 22,
2017.
Tentative Ruling for February 6, 2018:
Revisit status of action after conclusion of related matters on calendar.
2/5/18 -- Court approved stipulation continuing hearing to February 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 5, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar. 2/20/18 -- Court approved scheduling order with following dates: Cont'd status conference -- June 5, 2018 at 2:00 p.m.
L/D to file joint status report -- May 22, 2018 Discovery cutoff -- August 17, 2018
Tentative Ruling for June 2, 2018:
Extend discovery cutoff to March 2019 and continue status conference approximately 90 days.
6/11/18 -- Court approved order setting following dates:
Cont'd status conference -- September 11, 2018 at 2:00 pm L/D to serve and file joint status report -- August 28, 2018 L/D to complete discovery -- March 29, 2019
Tentative Ruling for October 23, 2018:
Continue to trail this action along with matter on calendar as number 215.
2:00 PM
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Alice Yick Flanagan Represented By Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
Michael Gerard Flanagan Represented By Samuel Price
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Michael G D'Alba Howard Kollitz
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
fr. 10-4-17, 11-15-17, 2-14-18, 5-9-18, 5-30-18, 6-27-18, 7-18-18, 10-2-18,
10-23-18
Docket 149
NONE LISTED -
9/28/17 -- Court approved stipulation continuing hearing to November 15, 2017 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 4, 2017.
Tentative Ruling for February 14, 2018:
What is the status of this matter? According to this Court's October 18 order, litigation against SNS is to be stayed until orders are entered resolving the Kamana Litigation. Has this occurred? If not, what is the parties' current time estimate as to when this is likely to have occurred. Hearing required.
2/23/18 -- Court signed scheduling order setting deadline of April 20, 2018 for movant to file an advesary proceeding against claimant asserting affirmative claims and any objections to claim. Hearing continued to May 9, 2018 at 10:00 am.
Tentative Ruling for May 9, 2018:
Has debtor filed an adversary proceeding against claimant? If so, should this claim objection be withdrawn without prejudice? Hearing required.
5/21/18 -- Court approved stipulation continuing hearing to June 27, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
2:00 PM
Tentative Ruling for June 27, 2018:
Revisit status of objection after conclusion of related matter on calendar.
Final Ruling for June 27, 2018:
Continue claim objection to date of hearing on motion to abstain (July 18, 2018 at 10:00 a.m.) If court elects to abstain, it will need to deal with issue raised by the debtor of possible statute of limitations problem raised by possible running of statute of limitations for malpractice claim on July 27, 2018.
Tentative Ruling for July 18, 2018:
Revisit status after conclusion of hearing on motion to abstain.
9/18/18 -- Court approved stipulation continuing hearing to October 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Tentative Ruling for October 23, 2018:
Call with matter no. 219. Continue hearings to give trustee an opportunity to review this matter and assess how he/she intends to proceed.
Tentative Ruling for November 27, 2018:
Has trustee had an opportunity to decide how he would like to proceed with this matter? Hearing required.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Movant(s):
Lite Solar Corp. Represented By
2:00 PM
Trustee(s):
Leslie A Cohen Stephen A. Weaver
Brad D Krasnoff (TR) Pro Se
2:00 PM
Adv#: 2:16-01349 Lite Solar Corp. v. KAMANA O'KALA, LLC et al
fr. 10-4-16, 1-24-17, 3-29-17, 6-7-17, 8-15-17, 9-7-17, 11-29-17, 1-10-18,
4-25-18, 8-1-18, 10-2-18, 10-23-18
Docket 1
NONE LISTED -
Final Ruling from October 4, 2016:
Set discovery cutoff of March 1, 2017. Continue status conference to January 24, 2017 at 2:00 p.m. Parties are to file joint status report by January 10, 2017.
Tentative Ruling for January 24, 2017:
Have discovery responses been received? Has the Oregon district court ruled on the transfer and remand motions?
Hearing required.
1/25/17 -- Court signed scheduling order continuing discovery cutoff to April 17, 2017.
3/16/17 -- Court signed scheduling order continuing discovery cutoff to May 31, 2017.
Tentative Ruling for March 29, 2017:
Discuss with parties what should become of this litigation if the district court
2:00 PM
accepts the recommendation of the magistrate judge and remands the related litigation to Oregon state court?
5/3/17 -- Court approved stipulation continuing hearing to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 7, 2017:
What is the status of this matter? What progress has been made toward consolidating the various pending actions among the parties?
8/3/17 -- Court granted unilateral motion for a continuance and continued hearing on Anti-SLAPP motion to September 7, 2017 at 10:00 a.m. Court continued status conference to same date and time in that order. OFF CALENDAR FOR AUGUST 15, 2017.
8/4/17 -- Court approved stipulation extending discovery cutoff to October 31, 2017.
Tentative Ruling for September 7, 2017:
Revisit status of case after conclusion of hearing on related matters.
11/1/17 -- Court granted ex parte motion continuing discovery cutoff to January 1, 2018.
Tentative Ruling for November 29, 2017:
What, if anything, has transpired since the last status conference? Is defendant Schellerup still in bankruptcy? Hearing required.
Tentative Ruling for April 25, 2018:
The court waived the requirement that an updated status report be filed. What is the status of this matter? What, if anything, has happened since last status conference? Hearing required.
2:00 PM
Tentative Ruling for August 1, 2018:
Court has reviewed status report from Schellerup in which he offers to repay amounts due he debtor based on Schellerup's failure to comply with directions given by counsel over time. What, if anything, has transpired since last status conference. How does plaintiff intend to proceed with regard to matters referenced in Schellerup's status report.
Tentative Ruling for October 2, 2018:
Are the defendants still in bankruptcy? What does debtor/plaintiff intend to do with this adversary proceeding?
Tentative Ruling for October 23, 2018:
Has debtor negotiated settlement of this action with trustee(s) for defendants? Does trustee intend to seek approval of settlement? Hearing required.
Tentative Ruling for November 27, 2018:
Has trustee had an opportunity to decide how he would like to proceed with this matter? Hearing required.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
KAMANA O'KALA, LLC Represented By SreeVamshi C Reddy
Patrick Schellerup Represented By SreeVamshi C Reddy
2:00 PM
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Adv#: 2:18-01109 Lite Solar Corp. v. Slinde & Nelson, LLC et al
fr. 6-26-18, 8-7-18, 10-2-18, 10-23-18
Docket 1
NONE LISTED -
6/12/18 -- Court approved stipulation continuing status conference to August 7, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
7/18/18 -- At hearing held this date, Court continued this status conference to October 2, 2018 at 2:00 p.m. so that it may be heard concurrently with related objection to claim. OFF CALENDAR FOR AUGUST 7, 2018.
9/18/18 -- Court approved stipulation continuing hearing to October 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Tentative Ruling for October 23, 2018:
Call with matter no. 216. Continue hearings to give trustee an opportunity to review this matter and assess how he/she intends to proceed.
Tentative Ruling for November 27, 2018:
Has trustee had an opportunity to decide how he would like to proceed with this matter? Hearing required.
2:00 PM
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Slinde & Nelson, LLC Represented By David L. Neale Irving M Gross
Darian A. Stanford Represented By Irving M Gross
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Adv#: 2:18-01239 Lite Solar Corp. v. Schiffke et al
fr. 10-2-18, 10-23-18
Docket 1
NONE LISTED -
9/18/18 -- Court approved stipulation continuing hearing to October 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Tentative Ruling for October 23, 2018:
Continue hearing to give trustee an opportunity to review this matter and assess how he/she intends to proceed.
Tentative Ruling for November 27, 2018:
Has trustee had an opportunity to decide how he would like to proceed with this matter? Hearing required.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
2:00 PM
Defendant(s):
Heather Schiffke Represented By Joseph A Field Irving M Gross
Brian Arbizzani Represented By Joseph A Field Irving M Gross
Adam Ward Represented By
Joseph A Field Irving M Gross
Steve Sefchick Represented By Joseph A Field Irving M Gross
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Adv#: 2:18-01240 Lite Solar Corp. v. Energy Wise Lightning, Inc. et al
Inc., Peter Greenberg fr. 10-2-18, 10-23-18
Docket 1
NONE LISTED -
9/18/18 -- Court approved stipulation continuing hearing to October 23, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
Tentative Ruling for October 23, 2018:
Continue hearing to give trustee an opportunity to review this matter and assess how he/she intends to proceed.
Tentative Ruling for November 27, 2018:
Has trustee had an opportunity to decide how he would like to proceed with this matter? Hearing required.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Energy Wise Lightning, Inc. Represented By
2:00 PM
Joseph A Field Irving M Gross
Peter Greenberg Represented By Joseph A Field Irving M Gross
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Docket 15
NONE LISTED -
The document was filed in a sufficiently timely manner. That is not the problem. The problem is that the debtor was required to take credit counseling BEFORE the bankruptcy and she took it after the bankruptcy instead. (Bankruptcy was filed on October 12, 2018 and counseling was taken on October 26, 2018.)
Debtor has now filed certificate of credit counseling, but that certificate reflects that counseling occurred post-petition, and debtor has not requested or obtained an exemption from prepetition credit counseling requirement. As debtor did not complete credit counseling within the 180 days before the commencement of the bankruptcy case, debtor is not eligible to be a debtor in this bankruptcy case.
Dismiss case. (Nothing precludes this debtor from refiling, but new filing would be debtor's second bankruptcy case within a year, meaning that automatic stay will terminate within 30 days unless debtor moves for and obtains an extension.)
Debtor(s):
Tiina Sanders Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
10:00 AM
Docket 5
NONE LISTED -
Court has not received a response to its OSC or any joinders from any other petitioners. Dismiss case.
Debtor(s):
Julia M Flint Pro Se
10:00 AM
Docket 16
NONE LISTED -
Based on counsel's declaration, deem debtors to have substantially complied with prepetition credit counseling requirement. Waive appearances. Court will vacate OSC.
Debtor(s):
ERIN JEON Represented By
Jaenam J Coe Gilad Berkowitz
Joint Debtor(s):
Jong Kim Represented By
Jaenam J Coe Gilad Berkowitz
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
fr. 5-29-18, 1-31-17, 3-28-17, 4-11-17, 6-6-17, 9-12-17, 12-19-17, 1-9-18,
2-13-18, 6-5-18, 7-31-18, 9-27-18, 10-17-18
Docket 1
NONE LISTED -
1/18/2017 -- Court approved stipulation continuing defendant's response date to March 20, 2017 and continuing status conference to March 28, 2017 at
2:00 p.m. OFF CALENDAR FOR JANUARY 31, 2017.
Tentative Ruling for March 28, 2017:
Continue status conference to April 11, 2017 at 2:00 p.m. to be heard concurrently with motion to dismis. OFF CALENDAR FOR MARCH 28, 2017.
Tentative Ruling for April 11, 2017:
Set deadline for defendants to file an answer to the existing complaint. Continue status conference approximately 60 to 90 days.
Final Ruling for April 11, 2017:
10:00 AM
Continue status conference to June 6, 2017 at 2:00 p.m. Parties will file a joint status report by May 23, 2017. Defendant must file and serve an answer to complaint by May 12, 2017.
Tentative Ruling for June 6, 2017:
According to the status report, defendant plans to bring a motion for summary judgment/partial summary adjudication of issues? Would this motion raise the same arguments that were advanced in the motion to dismiss that the court previously denied, offering the following tentative ruling:
Deny motion. The only assets that were sold to John Shieh were the specific assets identified on Exhibit A to the motion and the order granting the motion. No avoiding power claims were sold. Neither were any of the assets that the trustee alleges in the complaint were fraudulently transferred. The good faith finding relates only to the specific transaction that was the subject of the motion. The trustee never requested -- and the court never made -- a finding that the defendants had acted in good faith in connection with any other events or transactions.
There is no statute of limitations problem. The trustee is not attempting to set aside the sale. He is attempting to prosecute an avoiding power action and may file such an action before the later of 2 years after the entry of the order for relief or 1 year after the appointment of the trustee. The case was filed on January 29, 2015. This adversary proceeding was filed on November 30, 2016. That is well within two years after the commencement of the case.
Order parties to complete a day of mediation prior to date of continued status conference.
6/13/17 -- Court approved scheduling order setting following dates:
Cont'd status conference -- September 12, 2017 at 2:00 pm L/D to file joint status report -- August 29, 2017
L/D to complete discovery -- October 31, 2017 L/D to complete mediation -- September 12, 2017
10:00 AM
L/D to lodge order appointing mediators -- June 30, 2017 7/5/17 -- Court signed order appointing mediators.
Tentative Ruling for September 12, 2017:
According to status report, parties were scheduled to attend mediation before Jason Wallach on September 6. Did the mediation go forward on that date? Were they able to resolve this matter? Hearing required.
9/14/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- December 19, 2017 at 2:00 p.m.
L/D to file joint status report -- December 5, 2017 L/D to complete discovery -- December 29, 2017
Tentative Ruling for December 19, 2017:
The parties report having participated in mediation with Jason Wallach on September 6, 2017, yet they ask in the status report that the matter be sent to mediation. What are they requesting at this point? Did the parties want to utilize the services of another mediator or to return to Mr. Wallach? Have they discussed with him whether he would charge for the continued mediation?
Are the parties on track to complete their discovery by December 29? Hearing required.
12/20/17 -- Court signed scheduling order continuing status conference to January 9, 2018 at 2:00 p.m., waiving the requirement of a joint status report for that conference and extending the discovery cutoff to March 31, 2018.
Tentative Ruling for February 13, 2018:
Revisit status of action after conclusion of related matters on calendar.
2/15/18 -- Court approved scheduling order setting following dates:
10:00 AM
Cont'd status conference -- May 29, 2018 at 2:00 pm Discovery cutoff -- May 31, 2018
L/D to file joint status report -- May 15, 2018
5/15/18 -- Court approved stipulation continuing hearing to June 5, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 29, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for June 5, 2018:
Court is confused. Defendants have included a demand for a jury trial in their joint status report. The last pleading filed in this case directed to the issues for which the defendants seek to preserve a right to jury trial was filed in May of 2017. Therefore, if defendants ever had a right to a jury trial, if this request is defendants' first demand for a jury, it is untimely. (See FRBP 9015, incorporating FRCP 38(b) and FRCP 38(b)(1)).
Status report makes reference to possible motions for summary judgment/summary adjudication. Set deadline for filing of such motions and continue status conference to a date that may be used as date of hearing on such motion(s).
Tentative Ruling for September 27, 2018:
Have the settlement documents been signed? Has an escrow been opened? Does it appear likely that the first payment will be made by October 1, 2018? Hearing required.
Tentative Ruling for October 17, 2018:
Assuming that compromise is approved, when does trustee anticipate being in a position to be able to request dismissal of the adversary proceeding?
Tentative Ruling for November 28, 2018:
Compromise has been approved. Is the trustee in a position to request dismissal of this action? If so, trustee should lodge order dismissing action.
10:00 AM
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By J Scott Bovitz
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
John Ten Fong Shieh Represented By John P Kreis
Caroline Su Kyu Shieh Represented By John P Kreis
Christopher Shieh Represented By John P Kreis
Benjamin Shieh Represented By John P Kreis
Patricia Shieh Armijo Represented By John P Kreis
Cesar Fernando Castro Represented By John P Kreis
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
10:00 AM
Sonia Singh
10:00 AM
Docket 56
NONE LISTED -
Grant motion. Authorize trustee to settle 727 action in exchange for a payment of $15,000.
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
Movant(s):
Mike Omrani Represented By
Stella A Havkin
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 37
NONE LISTED -
The 2004 Examination that the Court ordered was that of the Debtor, not that of Chris Antonucci. The fact that the debtor selected as the person most knowledgeable someone who lived outside the district in which the debtor filed bankruptcy is not the creditor's problem. The debtor filed in this district. The creditor can conduct the debtor's examination here without paying the travel expenses of the debtor's principal and isn't required to conduct the examination by video if she doesn't want to. If the debtor wants the examination to occur outside of the Central District of California and the creditor is amenable to that accommodation, debtor can pay the travel expenses of the creditor and her counsel.
Deny request for order requiring creditor to pay debtor's travel expenses. Enter order requiring debtor to make the person most knowledgeable available in Los Angeles at no expense to creditor. Creditor should give debtor not less than four possible dates for deposition in January.
Rulings on Evidentiary Objections:
Overrule.
Overrule. (Clearly, declarant is stating his opinion, rather than an objective fact.)
Overrule.
Overule.
Overrule.
Objection does not recite text to which objection relates. Overrule.
10:00 AM
Overrule. (Again, declarant is stating his opinion.)
Overrule.
Overrule.
Overrule.
Overrule.
Overrule. (This is argument, not testimony.)
Overrule.
Debtor(s):
Phoenix Warehouse of California, Represented By
Walter K Oetzell Uzzi O Raanan ESQ John N Tedford
Movant(s):
Phoenix Warehouse of California, Represented By
Walter K Oetzell Uzzi O Raanan ESQ John N Tedford
Trustee(s):
Peter J Mastan (TR) Represented By Peter J Mastan
10:00 AM
Docket 42
NONE LISTED -
Continue hearing to give debtor an opportunity to attend deposition in Los Angeles now that court has clarified that attendance here without reimbursement of expenses is required. If debtor fails to comply with court order requiring attendance here, court will issue OSC re contempt.
Debtor(s):
Phoenix Warehouse of California, Represented By
Walter K Oetzell Uzzi O Raanan ESQ John N Tedford
Movant(s):
Yadira Espinoza Represented By Mark A. Ozzello
Trustee(s):
Peter J Mastan (TR) Represented By Peter J Mastan
10:00 AM
Docket 1
NONE LISTED -
Set bar date and deadline for debtor to serve notice of bar date. Continue status conference for approximately 90 days.
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat
10:00 AM
Docket 13
NONE LISTED -
Debtor's response is long on argument, but extremely short on facts and is not supported by a declaration. Debtor appears to have filed some schedules by this point, but has he remedied any of the other deficiencies outlined in the motion? (Case was filed on October 10, 2018.)
Hearing required.
Debtor(s):
Andrew Stephen Hennigan Pro Se
Movant(s):
United States Trustee (LA) Represented By Kenneth G Lau
10:00 AM
Docket 1
11/2/18 - Debtor's Schedules and Statements in a Chapter 11 Case are still deficient for the following:
Verif. of List of Cred(Master)
If motion to dismiss is not granted, set deadline for serving notice of bar date and bar date. For debtor's reference, court will not combine hearing on disclosure statement and plan.
Why does the debtor plan to wait until July 2019 to take the California Bar Exam? Why didn't the debtor register for the February bar examination? (Late registration is still available until November 30 for an additional fee of
$50. Applicants can even register from December 1 through January 15 for an additional fee of $250 instead of $50.)
Debtor was a full time student in 2016. How long did debtor work at Paul Hastings before he was terminated? Court would like more information concerning the facts and circumstances of debtor's termination and why debtor believes he has a valuable claim for relief.
Debtor does not own a house or a car and has no income (although his schedule reflects a briefcase worth $5,000??). Why is this a chapter 11 case? Why did the debtor move to Los Angeles if he has a license to practice law in the State of New York? Wouldn't it have been easier to find another job in New York than in California?
10:00 AM
Debtor(s):
Andrew Stephen Hennigan Pro Se
10:00 AM
Docket 1816
11/7/18 - David Levi, (919)613-7001, has been approved for telephonic appearance on 11/28/18 @ 10am
11/7/18 - Sander Esserman, (214)354-9945, has been approved for telephonic appearance on 11/28/18 @ 10am
11/7/18 - Alan Brayton, (415)797-0002, has been approved for telephonic appearance on 11/28/18 @ 10am
11/7/18 - Jack Luikart, (415)407-0488, has been approved for telephonic appearance on 11/28/18 @ 10am
11/7/18 - Steven Sacks, (415)774-2905, has been approved for telephonic appearance on 11/28/18 @ 10am
11/7/18 - Eve Karasik, (310)229-1234, has been approved for telephonic appearance on 11/28/18 @ 10am
11/21/18 - Stephen Snyder, (510)507-0355, has been approved for telephonic appearance on 11/28/18 @ 10am
11/26/18 - Jeanine Donohue, (415)901-8644, has been approved for telephonic appearance on 11/28/18 @ 10am
FRCP 12(f), incorporated by reference into FRBP 7012, provides that the court may, on its own motion or on motion made by a party, strike from a pleading an insufficient defense or "any redundant, immaterial, impertinent, or
10:00 AM
scandalous matter." FRBP 9014 permits the court to direct at any stage that any rule from Part VII apply to a contested matter. The court finds that it is appropriate to make FRCP 12(f) applicable in this matter. 11 U.S.C. section 107(b) permits the bankruptcy court, on its own motion or on the request of a party in interest, to "protect a person with respect to scandalous or defamatory matter contained in a paper filed in a case under this title."
Grant request that docket Nos. 1804, 1806 and 1808 be stricken. They are not relevant or germane to any pending matter before this Court. There is no matter pending in the adversary proceedings to which Mr. Mandelbrot was a party or in either of these bankruptcy cases other than the instant motions.
All matters in which Mr. Mandelbrot was involved have been fully and finally resolved, and Mandelbrot has been barred from representing the interests of asbestos claimants in these cases or challenging the fiduciary decisions or conduct of the trusts by the findings entered as part of the parties' settlement. Thus, these pleadings are immaterial.
To the extent that Mr. Mandelbrot wants to bring or has brought another disciplinary action against Judge Bluebond, papers concerning that filing are to be submitted to the Ninth Circuit Court of Appeals only and do not belong on the docket in the case from which the allegations of misconduct arise. (See FAQ's on Ninth Circuit's Website: "You should not send your complaint to the judge you are complaining about or to anyone else in the Judiciary. Nor should you file your complaint in any ongoing case, even if your complaint relates to the judge overseeing that case.)
Further, the materials filed by Mandelbrot are redundant. They do not raise new material, they merely rehash arguments advanced by Mandelbrot on numerous previous occasions. None of the matters that Mandelbrot seeks to raise relate to the conduct of any of the parties in the instant cases. They are extraneous matters from unrelated cases, filed in the case without any pending matter to which they might relate. And the materials are indeed defamatory, scandalous and impertinent, including not only allegations of fraudlent conduct but also suggestions of inappropriate sexual relationships, and therefore impertinent. Thus, the Court agrees that docket numbers 1804,
10:00 AM
1806 and 1808 be stricken.
With regard to the balance of the relief requested by movants, court does not want to suspend Mr. Mandelbrot's electronic filing privileges. That remedy is customarily invoked in connection with a decision by the Court's disclipinary panel to bar an attorney from appearing before the court entirely. Absent a prohibition on practice before the court, revoking an attorney's electronic filing privileges merely means that he will have to file hard copies of any papers with the Court and that Court employees will have to scan that material. This is not a desirable result from the Court's perspective.
With respect to the request that Mr. Mandelbrot be referred to the Court's disciplinary panel, the Court is reluctant to subject any other judges of this Court to the treatment that they are likely to experience from Mr. Mandelbrot. Instead, in the view of this Court, the most appropriate remedy is for the Court to make a referral to the State Bar of California concerning Mr. Mandelbrot's conduct and his multiple violations of the Rules of Professional Conduct, including without limitation Rule 3-200, prohibiting a member from asserting a position in litigation without probable cause for the purpose of harassing or maliciously injuring any person. The State Bar can then investigate whether there is a sufficient basis for it to discipline Mr. Mandelbrot and take such remedial action as it deems necessary and appropriate.
Debtor(s):
Jt Thorpe Inc Represented By
Brian L Davidoff Michael H Ahrens Charles J Malaret
Movant(s):
J.T. THORPE SETTLEMENT Represented By John P Sande
Richard W Esterkin Gabriel I Glazer Danielle A Pham Eve H Karasik
10:00 AM
Daniel J Bussel
10:00 AM
Adv#: 2:12-02182 J.T. Thorpe Settlement Trust et al v. Mandelbrot et al
Docket 382
11/7/18 - David Levi, (919)613-7001, has been approved for telephonic appearance on 11/28/18 @ 10am
11/7/18 - Sander Esserman, (214)354-9945, has been approved for telephonic appearance on 11/28/18 @ 10am
11/7/18 - Alan Brayton, (415)797-0002, has been approved for telephonic appearance on 11/28/18 @ 10am
11/7/18 - Jack Luikart, (415)407-0488, has been approved for telephonic appearance on 11/28/18 @ 10am
11/7/18 - Steven Sacks, (415)774-2905, has been approved for telephonic appearance on 11/28/18 @ 10am
11/7/18 - Eve Karasik, (310)229-1234, has been approved for telephonic appearance on 11/28/18 @ 10am
11/21/18 - Stephen Snyder, (510)507-0355, has been approved for telephonic appearance on 11/28/18 @ 10am
11/26/18 - Jeanine Donohue, (415)901-8644, has been approved for telephonic appearance on 11/28/18 @ 10am
See tentative ruling for matter no. 11.
10:00 AM
Debtor(s):
Jt Thorpe Inc Represented By
Brian L Davidoff Michael H Ahrens Charles J Malaret
Defendant(s):
Michael J. Mandelbrot Represented By
Michael J Mandelbrot Merle Meyers
David N Chandler
The Mandelbrot Law Firm Represented By
Michael J Mandelbrot Merle Meyers
David N Chandler
Movant(s):
J.T. Thorpe Settlement Trust Represented By Gabriel I Glazer Gregory K Jones Danielle A Pham Eve H Karasik Daniel J Bussel Sasha M Gurvitz
Thorpe Insulation Company Represented By Gabriel I Glazer Gregory K Jones Danielle A Pham Eve H Karasik Daniel J Bussel
Plaintiff(s):
Thorpe Insulation Company Represented By Gabriel I Glazer Gregory K Jones
10:00 AM
Danielle A Pham Eve H Karasik Daniel J Bussel
J.T. Thorpe Settlement Trust Represented By Gabriel I Glazer Gregory K Jones Danielle A Pham Eve H Karasik Daniel J Bussel Sasha M Gurvitz
10:00 AM
Docket 33
NONE LISTED -
From reading the debtor's motion and reply, one might be tempted to conclude that the debtor's only deficiency was belatedly submitting the 7-day package and tax returns to the US Trustee or doing so without a complete or correct case number on the package. This was not the case. The US Trustee moved to dismiss the case because the debtor failed to take the majority of the steps necessary to commence and prosecute a corporate chapter 11 case. See US Trustee's motion to dismiss, docket no. 20 (debtor failed to submit/provide evidence of closing of bank accounts, evidence of insurance, monthly operating reports, payment of quarterly fees, list of 20 largest unsecured creditors, notice of setting insider compensation, application to employ counsel, real property questionnaire(s), cash flow projections, etc.; debtor failed to attend initial debtor interview). Debtor also failed to respond to the motion to dismiss or to attend the hearing on the motion to dismiss. Even if the reconsideration motion is timely, there is nothing in the motion that constitutes a basis upon which this court should reconsider its decision to dismiss this case.
Deny motion.
Debtor(s):
JJJ Diners Inc Represented By
Yi Y Oh
Movant(s):
JJJ Diners Inc Represented By
10:00 AM
Yi Y Oh Yi Y Oh
11:00 AM
fr. 8-17-16, 11-1-16, 2-15-17, 5-10-17, 5-17-17, 6-14-17, 8-30-17, 9-6-17,
2-28-18, 5-30-18
Docket 1
NONE LISTED -
Set bar date and deadline for filing objections to claims. Set deadline for filing plan and disclosure statement.
6/17/16 -- Court granted application for bar date. Deadline to serve notice of bar date -- August 20, 2016. Bar date -- October 31, 2016.
Tentative Ruling for November 1, 2016:
Set deadline for filing plan and disclosure statement in approximately 90 days. Continue case status conference to date scheduled for hearing on disclosure statement.
11/4/16 -- Court signed scheduling order setting following dates:
L/D to file plan and disclosure statement -- December 28, 2016 Hearing on disclosure statement -- February 15, 2017 @ 2:00 p.m. Cont'd status conference -- February 15, 2017 @ 2:00 p.m.
8/14/17 -- Court approved stipulation continuing hearing to September 6, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 30, 2017. Tentative
Ruling for February 15, 2017:
Revisit status of case after conclusion of hearing on disclosure statement.
11:00 AM
Tentative Ruling for September 6, 2017:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for February 28, 2018:
It appears that the debtor's revenues have been decreasing each month. What is going on and how long will the debtor be able to sustain operations and continue to make plan payments if this continues? Hearing required.
Final Ruling from February 28, 2018:
Continue status conference to May 30, 2018 at 11:00 a.m. Debtor should file updated status report not later than May 21, 2018. Debtor's principal should appear in person at continued status conference.
Tentative Ruling for May 30, 2018:
Debtor's situation appears to have improved since February. Continue case status conference to November 28, 2018 at 11:00 a.m. Debtor should file updated status report not later than November 16, 2018. APPEARANCES WAIVED ON MAY 30, 2018.
Tentative Ruling for November 28, 2018:
Papers filed and served less than 14 days before a hearing need to be transmitted to the judge by a more expedited means than US Mail so that the Court is not required to print its own copy of the papers. Debtor's situation appears to have improved since last status conference. Continue case status conference to May 29, 2019 at 11:00 a.m. Debtor should file updated status report not later than May 15, 2019. APPEARANCES WAIVED ON NOVEMBER 28, 2018.
11:00 AM
Debtor(s):
TCC General Contracting, Inc. Represented By Steven R Fox
Amelia Puertas-Samara
11:00 AM
fr. 8-30-17, 9-6-17, 11-29-17, 12-12-17, 3-14-18, 3-21-18, 6-13-18, 6-27-18,
8-29-18
Docket 1
NONE LISTED -
8/23/17 -- Court approved stipulation continuing hearing to September 6, 2017 at 10:00 a.m. OFF CALENDAR FOR AUGUST 30, 2017.
Tentative Ruling for September 6, 2017:
Why are these debtors in bankruptcy? They can well afford to pay claims against them. It appears that this case was filed to obtain the benefit of a more favorable forum for the resolution of their disputes with the Keros concerning the enforceability of a prepetition sale agreement. Why can't that dispute simply be resolved in state court? Hearing required.
9/14/17 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- September 15, 2017
Bar date -- November 17, 2017
L/D to file updated status report -- November 22, 2017
Cont'd status conference -- November 29, 2017 at 11:00 a.m.
Tentative Ruling for December 12, 2017:
Revisit status of case after conclusion of related matters on calendar.
Final Ruling for December 12, 2017:
11:00 AM
Continue hearing to March 14, 2018 at 11:00 a.m. Debtor should file updated status report by March 2, but could will waive that requirement if the debtor schedules a hearing on a sale motion concurrently with the continued case status conference.
Tentative Ruling for March 14, 2018:
Continue hearing to March 21, 2018 at 10:00 a.m. to be heard concurrently with motion for approval of compromise with LA Conservancy.
APPEARANCES WAIVED ON MARCH 14, 2018.
Tentative Ruling for March 21, 2018:
Do debtors have any realistic prospect of being able to pay Keros the settlement payment by March 31, 2018? If so, how? Hearing required.
Tentative Ruling for June 13, 2018:
Continue case status conference to June 27, 2018 at 10:00 a.m. so that it may be heard concurrently with new motion for approval of sale. OFF CALENDAR FOR JUNE 13, 2018.
Tentative Ruling for June 27, 2018:
Well, it happened again. Another sale motion has been withdrawn. What went wrong this time? Hearing required.
Tentative Ruling for August 29, 2018:
When does debtor anticipate that it will be filing motion for approval of compromise with RND? What progress, if any, has Pacific Union made with regard to finding a buyer for the property? Is the idea that the property will be sold subject to the agreement with the conservancy, meaning that the buyer will have to locate a spot to which the house can be moved and pay for the cost of moving it? How is that not a substantial disincentive to any buyer to buy the property?
11:00 AM
Hearing required.
Tentative Ruling for November 28, 2018:
Have the parties succeeded in negotiating an extension of the Keros settlement agreement? Have the new brokers managed to locate anyone interested in purchasing either property? Has there been any interest in either property in recent weeks? Hearing required.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
11:00 AM
Docket 1
NONE LISTED -
Set deadline for trustee to service notice of bar date and bar date. Continue case status conference for approximately 90 days.
6/1/18 -- Court signed scheduling order setting following dates: L/D to serve notice of bar date -- May 31, 2018
Bar date -- July 31, 2018
Cont'd status conference -- August 29, 2018 at 11:00 a.m. L/D to file updated status report -- August 17, 2018
Tentative Ruling for August 29, 2018:
Continue status conference for approximately 90 days. Set new deadline for the filing of updated status report.
Tentative Ruling for November 28, 2018:
Court has reviewed trustee's status report. Continue case status conference to February 27, 2019 at 11:00 a.m. Trustee should file updated status report not later than February 13, 2019. APPEARANCES WAIVED ON NOVEMBER 28, 2018.
Debtor(s):
Colima BBQ, Inc Represented By
11:00 AM
Trustee(s):
Jaenam J Coe
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
11:00 AM
Docket 1
NONE LISTED -
Court is not inclined to move up the bar date. A June 29 bar date would not give parties in interest sufficient time to file claims. Why does the trustee want the date moved? Hearing required.
6/4/18 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- May 31, 2018
Bar date -- July 31, 2018
Cont'd status conference -- August 29, 2018 at 11:00 a.m. L/D to file further status report -- August 17, 2018.
Tentative Ruling for August 29, 2018:
Continue status conference for approximately 90 days. Set new deadline for the filing of updated status report.
Tentative Ruling for November 28, 2018:
Court has reviewed trustee's status report. Continue case status conference to February 27, 2019 at 11:00 a.m. Trustee should file updated status report not later than February 13, 2019. APPEARANCES WAIVED ON NOVEMBER 28, 2018.
11:00 AM
Debtor(s):
Young Keun Park Pro Se
Trustee(s):
Elissa Miller (TR) Represented By Annie Y Stoops Aram Ordubegian Arent Fox
Andy Kong
11:00 AM
Docket 1
NONE LISTED -
Set deadline for service of notice of bar date and bar date. 4/27/18 -- Court entered scheduling order with following dates:
L/D to serve notice of bar date -- April 30, 2018 Bar date -- June 29, 2018
Cont'd status conference -- May 30, 2018
L/D to file updated status report -- May 16, 2018
Tentative Ruling for May 30, 2018:
When does the trustee anticipate that he will be in a position to know whether the debtor should be reorganized or whether its assets should be sold?
Hearing required.
Tentative Ruling for August 29, 2018:
Continue status conference for approximately 90 days. Set new deadline for the filing of updated status report.
Tentative Ruling for November 28, 2018:
Court has reviewed trustee's status report. Continue case status conference to February 27, 2019 at 11:00 a.m. Trustee should file updated status report not later than February 13, 2019. APPEARANCES WAIVED ON NOVEMBER 28, 2018.
11:00 AM
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
11:00 AM
Docket 1
NONE LISTED -
Set deadline for service of notice of bar date and bar date. 4/27/18 -- Court entered scheduling order with following dates:
L/D to serve notice of bar date -- April 30, 2018 Bar date -- June 29, 2018
Cont'd status conference -- May 30, 2018
L/D to file updated status report -- May 16, 2018
Tentative Ruling for May 30, 2018:
When does the trustee anticipate that he will be in a position to know whether the debtor should be reorganized or whether its assets should be sold?
Hearing required.
Tentative Ruling for August 29, 2018:
Continue status conference for approximately 90 days. Set new deadline for the filing of updated status report.
Tentative Ruling for November 28, 2018:
Court has reviewed trustee's status report. Continue case status conference to February 27, 2019 at 11:00 a.m. Trustee should file updated status report not later than February 13, 2019. APPEARANCES WAIVED ON NOVEMBER 28, 2018.
11:00 AM
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
Elissa Miller Represented By
Andy Kong
11:00 AM
fr. 5-30-18, 6-6-18, 7-18-18, 9-5-18, 10-24-18
Docket 448
NONE LISTED -
5/29/18 -- Court approved stipulation continuing hearing to June 6, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
Tentative Ruling for June 6, 2018:
Court cannot evaluate the merits of the claim unless claimant first provides a breakdown of the manner in which the claim amounts were calculated. Give claimant one last opportunity to provide such a breakdown. Once the Court has the breakdown, it can evaluate the other objections leveled by the debtor.
7/16/18 -- Court approved stipulation continuing hearing to September 5, 2018 at 10:00 a.m. OFF CALENDAR FOR JULY 18, 2018.
8/31/18 -- Court approved stipulation continuing hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR SEPTEMBER 5, 2018.
10/18/18 -- Court approved stipulation continuing hearing to November 28, 2018 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 24, 2018.
11/21/18 -- Court approved stipulation continuing hearing to December 19, 2018 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 24, 2018.
11:00 AM
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
Movant(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
11:00 AM
fr. 10-15-14, 10-29-14, 11-5-14, 1-14-15, 5-20-15, 7-22-15, 10-14-15, 2-10-16,
2-24-16, fr. 3-30-16, 5-11-16, 8-3-16, 9-14-16, 9-28-16, 12-14-16, 2-1-17,
5-3-17, 6-7-17, 8-2-17, 8-30-17, 2-28-18, 7-18-18, 9-5-18, 10-24-18
Docket 1
NONE LISTED -
Several parties appear interested in purchasing the debtor's real properties. Debtor should notice sales of these properties subject to overbid even without having first selected a stalking horse bidder. Interested parties competing with one another to purchase these properties should produce highest and best offer as among current prospective purchasers. Set deadline for debtor to bring motion for approval of sales of all properties. Court will enter order appointing trustee if motion to approve sale is not brought by deadline imposed by the Court.
8/3/15 -- Court signed scheduling order setting following dates:
Cont'd hearing on motion to appoint trustee and for relief from stay -- October 14, 2015 at 11:00 a.m.
L/D to file and serve motion for authority to sell Albany Properties -- August 12, 2015
L/D to file application to employ broker(s) (or include within sale motion) -- August 12, 2015
Sale hearing -- October 14, 2015 at 11:00 a.m.
Tentative Ruling for October 14, 2015:
If Albany sale closes, will debtor be in a position to file plan? Hearing required.
11:00 AM
1/4/16 -- Court approved stipulation continuing hearing to February 24, 2016 at 11:00 a.m. OFF CALENDAR FOR JANUARY 6, 2016.
Tentative Ruling for February 24, 2016:
If Albany sale closes, will debtor be in a position to file plan? Hearing required.
3/21/16 -- Court signed order continuing hearing to May 11, 2016 at 2:00 p.m. OFF CALENDAR FOR MARCH 30, 2016.
4/25/16 -- Court approved stipulation continuing hearing to August 3, 2016 at 2:00 p.m. OFF CALENDAR FOR MAY 11, 2016.
Tentative Ruling for August 3, 2016:
According to the docket, the parties settled this matter during a settlment conference held June 13, 2016 before Judge Jury. What has happened since then? Will there be an amended plan? What is the status of this matter?
Tentative Ruling for September 14, 2016:
Continue to September 28, 2016 at 11:00 a.m. to be heard concurrently with substantive motions set for hearing at that date and time. OFF CALENDAR FOR SEPTEMBER 14, 2016.
Tentative Ruling for September 28, 2016:
Revisit status of case after conclusion of hearings on related matters.
Tentative Ruling for December 14, 2016:
Continue to February 1, 2017 at 2:00 p.m. to be heard concurrently with hearing on amended disclosure statement. OFF CALENDAR FOR
11:00 AM
DECEMBER 14, 2016.
Tentative Ruling for February 1, 2017:
Revisit status of case after conclusion of hearing on disclosure statement.
4/26/17 -- Court approved stipulation continuing hearing to June 7, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 3, 2017. NO APPEARANCE REQUIRED.
6/2/17 -- Court approved stipulation continuing hearing to August 2, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 7, 2017.
Tentative Ruling for August 30, 2017:
Revisit status of case after conclusion of confirmation hearing.
Tentative Ruling for February 28, 2018:
Court has reviewed reorganized debtor's status report. Page 6 of that report states that all class 6 claimants have received payments other than Jeffrey Thomas. Has the reorganized debtor been depositing payments on account of this disputed claim into a disputed claim reserve? Hearing required.
7/16/18 -- Court approved stipulation continuing hearing to September 5, 2018 at 10:00 a.m. OFF CALENDAR FOR AUGUST 8, 2018.
8/31/18 -- Court approved stipulation continuing hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR SEPTEMBER 5, 2018.
10/18/18 -- Court approved stipulation continuing hearing to November 28, 2018 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 24, 2018.
11/21/18 -- Court approved stipulation continuing hearing to December 19, 2018 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 24, 2018.
11:00 AM
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
2:00 PM
Approving Disclosure Statement Or, In The Alternative, Conditionally Approving Disclosure Statement;
Approving Plan Solicitation, Notice, And Voting Procedures;
Establishing Plan Confirmation Procedures; And
Providing Related Relief
Docket 160
NONE LISTED -
See tentative ruling for matter no. 201.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
Movant(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
2:00 PM
Docket 159
NONE LISTED -
The court has a few questions and comments with regard to the plan and the disclosure statement that will be discussed on the record at the time of hearing on the disclosure statement.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
2:00 PM
Docket 1
NONE LISTED -
Set deadline for serving notice of bar date and bar date. Continue case status conference to a date after bar date. Set deadline for filing updated status report. Court will set deadline for filing plan and disclosure statement at continued status conference. Discuss with debtor what needs to happen before plan of reorganization can be filed.
1/26/18 -- Court signed scheduling order setting following dates: L/D for serving notice of bar date -- January 31, 2018
Bar date -- March 16, 2018
Cont'd status conference -- April 25, 2018 at 11 L/D to file updated status report -- April 13, 2018
Tentative Ruling for April 25, 2018:
Court notes that the proposed compromise with Georges includes releases for the debtor's parents, Sarkis and Alice Manjikian. How can the debtor be relied upon to act in the best interest of creditors of his estate in connection with negotiations with his parents? Discuss with debtor possible structures for the handling of this negotiation. Set deadline for filing plan and disclosure statement.
Tentative Ruling for June 27, 2018:
What are the principal terms of the proposed compromise between the debtor
2:00 PM
and his parents and when will the debtor be in a position to bring a motion for approval of this compromise? Hearing required.
Tentative Ruling for August 15, 2018:
Continue case status conference to August 29, 2018 at 10:00 a.m. so that it may be heard concurrently with motion for approval of compromise. (No updated status report will be required for that status conference.) APPEARANCES WAIVED ON AUGUST 15, 2018.
Tentative Ruling for August 29, 2018:
Revisit status of case after conclusion of hearing on approval of compromise.
9/4/18 -- Court approved scheduling order setting following dates:
Cont'd status conference -- November 28, 2018 at 2
L/D to file plan and disclosure statement -- October 10, 2018 Hearing on disclosure statement -- November 28, 2018 at 2
Tentative Ruling for November 28, 2018:
Revisit status of case after conclusion of hearing on disclosure statement.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
10:00 AM
MOVANT: GATEWAY ONE LENDING & FINANCE
Docket 14
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
George Samuel Benton Represented By Nicholas M Wajda
Joint Debtor(s):
April Willella Barnes Cartwright Represented By
Nicholas M Wajda
Movant(s):
Gateway One Lending & Finance Represented By
Karel G Rocha
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: LYNN STEWART
Docket 9
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Impressions Furniture Represented By Cynthia Grande
Movant(s):
Lynn Stewart Represented By
Helen G Long
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: JOSEU REA
Docket 10
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Martha I Gonzalez Lagunes Pro Se
Movant(s):
Josue Rea Represented By
Christopher J Langley
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: CHAMPERY RENTAL REO, LLC.
Docket 10
NONE LISTED -
Grant, with waiver of Rule 4001(a)(3) and annulment.
Debtor(s):
Vanessa Denise Hendricks Pro Se
Movant(s):
Champery Rental REO, LLC Represented By Sam Chandra
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:17-01375 DeBellis et al v. UNITED STATES OF AMERICA on behalf of the
fr. 10-3-17, 1-23-18, 5-8-18, 6-12-18,8-14-18, 11-6-18
Docket 1
NONE LISTED -
Set discovery cutoff for late April, 2018 and continue status conference to approximately same time frame.
1/24/18 -- Court approved scheduling order setting following dates: L/D to complete discovery -- April 30, 2018
L/D to file pretrial motions -- June 15, 2018
Cont'd status conference -- May 8, 2018 at 2:00 p.m. L/D to file joint status report -- April 24, 2018
4/2/18 -- Court approved stipulation setting following dates: Cont'd status conference -- June 12, 2018 at 2:00 p.m.
Cont'd discovery cutoff -- May 30, 2018
New L/D to file pretrial motions -- July 20, 2018 New L/D to file joint status report -- May 29, 2018
OFF CALENDAR FOR MAY 8, 2018.
5/16/18 -- Court approved stipulation modifying scheduling order in the following respects:
2:00 PM
L/D to complete discovery -- July 31, 2018
L/D to file dispositive motions -- August 24, 2018 Status conference -- August 14, 2018 at 2:00 pm L/D to file joint status report -- July 31, 2018
OFF CALENDAR FOR JUNE 12, 2018.
7/27/18 -- Court approved stipulation continuing discovery cutoff to October 31, 2018, continuing deadline for filing pretrial motions to November 15, 2018 and continuing status conference to November 6, 2018 at 2:00 p.m. Parties shall file joint status report not later than October 23, 2018. OFF CALENDAR FOR AUGUST 14, 2018.
10/22/18 -- Court approved stipulation continuing discovery cutoff to November 30, 2018, continuing deadline for filing pretrial motions to December 21, 2018 and continuing status conference to December 4, 2018 at 2:00 p.m. Parties shall file joint status report not later than November 20, 2018. OFF CALENDAR FOR November 6, 2018.
Tentative Ruling for December 4, 2018:
Court previously set a discovery cutoff that has been continued to November 30, 2018. The parties have still not completed discovery? Has any discovery been conducted? Does defendant anticipate filing a motion for summary judgment? Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
AJ DeBellis Represented By
Mark T Young
Defendant(s):
UNITED STATES OF AMERICA Represented By
Jolene Tanner
State Of California Franchise Represented By Charles Tsai
2:00 PM
Joint Debtor(s):
Victoria Collette DeBellis Represented By Mark T Young
Plaintiff(s):
Victoria Collette DeBellis Represented By Mark T Young
AJ DeBellis Represented By
Mark T Young
Trustee(s):
Richard K Diamond (TR) Represented By Ivan L Kallick
2:00 PM
Adv#: 2:16-01137 Ghoulian et al v. Omrani
fr. 5-24-16, 8-30-16, 1-24-17, 4-25-17, 8-15-17, 1-9-18, 1-23-18, 5-15-18,
7-31-18, 10-2-18, 11-6-18
Docket 1
NONE LISTED -
Set discovery cutoff for end of August. When does plaintiff anticipate being in a position to file motion for summary judgment or partial summary adjudication?
5/26/16 -- Court approved scheduling order setting discovery cutoff of August 31, 2016.
6/14/16 -- Court approved stipulation adding trustee as co-plaintiff.
Tentative Ruling for August 30, 2016:
Set discovery cutoff for approximately 60 days and deadline for filing contemplated motion for summary judgment for approximately 30 days thereafter.
8/31/16 -- Court approved scheduling order setting following dates: Continued status conference -- January 24, 2017 at 2:00 p.m.
L/D to file joint status report -- January 10, 2017
L/D for plaintiff to file and serve motion for partial summary judgment --
2:00 PM
November 29, 2016
Hearing on motion -- January 24, 2017 at 2:00 p.m. L/D to complete discovery -- October 31, 2016.
Tentative Ruling for August 15, 2017:
Revisit status of action after conclusion of related matter on calendar.
11/13/17 -- court approved stipulation continuing hearing to January 23, 2018 at 2:00 p.m. OFF CALENDAR FOR JANUARY 9, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 23, 2018:
Court waived requirement of a joint status report. What is the status of this matter? Hearing required.
1/26/18 -- Court signed scheduling order setting following dates: Pretrial conference -- May 15, 2018 at 2:00 p.m.
L/D to lodge joint pretrial order -- May 1, 2018 Deadline for completion of mediation -- May 15, 2018
L/D to lodge order appointing mediator -- February 16, 2018 2/2/18 -- court approved order appointing mediators.
Tentative Ruling for May 15, 2018:
Many of the agreed facts recited are incomprehensible. Most have typographical errors. The list of disputed facts contains evidentiary facts that are not the actual facts at issue here. Some of the legal issues are irrelevant or misstated. In short, much of the proposed pretrial order is a mess.
Discuss options with the parties for proceeding with this action.
6/22/18 -- Court approved stipulation continuing pretrial conference to October 2, 2018 at 2:00 p.m. OFF CALENDAR FOR JULY 31, 2018.
2:00 PM
9/11/18 -- Court approved stipulation continuing pretrial conference to November 6, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 2, 2018.
10/23/18 -- Court approved stipulation continuing pretrial conference to December 4, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 6, 2018.
11/21/18 -- Court approved stipulation continuing pretrial conference to January 8, 2019 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 4, 2018.
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
Defendant(s):
Mike Omrani Represented By
Stella A Havkin
Plaintiff(s):
Rosendo Gonzalez (TR) Represented By Michael F Frank
Hertzel Ghoulian Represented By Michael F Frank
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:17-01481 Leslie v. Solis et al
fr. 11-28-17, 2-27-18, 6-5-18, 9-11-18
Docket 1
NONE LISTED -
Tentative Ruling for November 28, 2017:
Where is the status report that should have been filed two weeks before the status conference? What is the status of this matter? Hearing required.
Final Ruling for November 28, 2017:
Continue status conference to February 27, 2018 at 2:00 p.m. Parties should file joint status report not later than February 13, 2018.
Tentative Ruling for February 27, 2018:
Set discovery cutoff for August 30, 2018. Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
3/1/18 -- Court signed scheduling order with following dates:
Cont'd status conference -- June 5, 2018 at 2:00 p.m. L/D to complete discovery -- August 30, 2018
L/D to complete mediation -- June 5, 2018
2:00 PM
L/D to lodge mediation order -- March 16, 2018 L/D to file joint status report -- May 22, 2018
3/19/18 -- Court approved order appointing mediators.
Tentative Ruling for June 5, 2018:
Have the parties complied with this Court's order to complete a day of mediation prior to June 5, 2018? If not, why not?
6/6/18 -- Court signed order extending deadline to complete mediation to September 11, 2018.
7/30/18 -- Court approved order appointing mediator.
Tentative Ruling for September 11, 2018:
Parties report that matter has been settled and that draft agreement is being circulated. What is the structure of the proposed settlement?
Tentative Ruling for December 4, 2018:
Where is the joint status report that should have been filed by November 20? What, if any, progress has been made with regard to the parties' proposed settlement? Hearing required.
Debtor(s):
West Coast Recycling Services, Inc. Represented By
James D. Hornbuckle
Defendant(s):
Alfredo Solis Represented By
James D. Hornbuckle
Mission Recycling, Inc., a California Represented By
James D. Hornbuckle
2:00 PM
Plaintiff(s):
Sam S. Leslie Represented By
Christian T Kim James A Dumas Jr
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim James A Dumas Jr
2:00 PM
Adv#: 2:18-01058 CALIFORNIA CAPITAL INSURANCE CO. v. ROUNTREE et al
Danielle Rountree
fr. 5-8-18, 6-5-18, 9-11-18
Docket 1
NONE LISTED -
Parties should not use "all caps" in future status reports. It is difficult and unpleasant to read.
Continue status conference for approximately 90 days. Order parties to complete a day of mediation prior to the date of the continued status conference.
Final Ruling for June 5, 2018:
Continue status conference to September 11, 2018 at 2:00 p.m. Parties should file joint status report not later than August 28, 2018. Parties are to complete a day of mediation by September 11, 2018 and should lodge an order appointing a mediator not later than June 29, 2018. Plaintiff is to lodge a scheduling order with these dates.
Tentative Ruling for September 11, 2018:
Impose sanctions on counsel for plaintiff of $150 for failing to lodge scheduling order in a timely manner or at all. Court would have imposed additional sanctions for failing to lodge an order appointing a mediator, but it appears that the mediator was willing to proceed without an order employing
2:00 PM
him, as the mediator filed a certificate of completion, stating that the parties attended a mediation on July 16, 2017. Inexplicably, that order refers to an order appointing the mediator dated June 13, 2018, but there is no such order on the docket. Perhaps plaintiff would have had more success in getting defendant to cooperate in the preparation of a joint status report had there been a written order of the court directing the defendant to participate in the preparation of such a report, as there would have been had plaintiff lodged such an order as directed by the court.
Why did plaintiff file both docket no. 17 (a unilateral status report on Form 7016-1.STATUS.REPORT) and docket no. 20 (a unilateral status report on pleading paper)? Is there any difference between the contents of the two documents?
Why didn't defendant participate in the preparation of a joint status report? Why haven't the parties met and conferred? Why hasn't plaintiff been able to notice defendant's deposition?
Hearing required.
9/12/18 -- Court signed scheduling order setting following dates: Cont'd status conference -- December 4, 2018 at 2
L/D to file joint status report -- November 20, 2018 Discovery cutoff -- November 30, 2018
Tentative Ruling for December 4, 2018:
Impose sanctions of $150 on counsel for defendant for failing to participate in the preparation of a joint status report. (Plaintiff's counsel should use the court form for status reports in the future.) Issue OSC why defendant's answer should not be stricken and plaintiff permitted to proceed by way of default based on failure of defense counsel to meet and confer and participate in discussions concerning the scheduling of discovery. Defense counsel needs to respond to communications from plaintiff's counsel. Extend discovery cutoff by approximately 90 days and continue status conference to approximately same time frame.
2:00 PM
Debtor(s):
RYAN ROUNTREE Represented By
Michael D Kwasigroch
Defendant(s):
RYAN ROUNTREE Represented By
Michael D Kwasigroch
DANNIELLE ROUNTREE Represented By
Michael D Kwasigroch
Joint Debtor(s):
DANNIELLE ROUNTREE Represented By
Michael D Kwasigroch
Plaintiff(s):
CALIFORNIA CAPITAL Represented By Bruce N Graham
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01311 Ehrenberg v. Ramsey
Docket 1
NONE LISTED -
11/6/18 -- Court granted motion for an extension and gave defendant to and including December 7, 2018 to file and serve a response to the complaint.
Order continues status conference to January 8, 2019 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 4, 2018.
Debtor(s):
Fast N EZ Car Care, LLC Represented By Michael Jay Berger
Defendant(s):
Clint Ramsey Pro Se
Plaintiff(s):
Howard Ehrenberg Represented By Steven Werth
Trustee(s):
Howard M Ehrenberg (TR) Represented By Steven Werth
Sulmeyerkupetz A Professional Corporation
2:00 PM
Adv#: 2:18-01263 Manjikian v. Triskell Restorations Inc a California corporation
fr. 10-16-18
Docket 1
11/26/18 - Jerry Hemme, (858)587-3555, has been approved for telephonic appearance on 12/4/18 @ 2pm
9/21/18 -- Court signed order approving extension of time for defendant to respond to complaint to October 31, 2018.
Tentative Ruling for October 16, 2018:
In light of above-referenced stipulation, defendant has not yet filed a response. Continue status conference to December 4, 2018 at 2:00 p.m. Parties should file a joint status report not later than November 20, 2018. APPEARANCES WAIVED ON OCTOBER 16, 2018.
11/5/18 -- Court approved stipulation extending defefendants' time to respond to complaint to December 18, 2018.
11/29/18 -- Court approved stipulation continuing status conference to February 5, 2019 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 4, 2018.
2:00 PM
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
Defendant(s):
Triskell Restorations Inc a California Represented By
Jerry D Hemme
Rick Lubeski Represented By
Jerry D Hemme
Andrew Fairbanks Represented By Jerry D Hemme
American Contractors Indemnity Represented By
Natasha K Buchanan
Plaintiff(s):
Viken Manjikian Represented By Matthew D Taylor
2:00 PM
Adv#: 2:16-01519 Krasnoff v. Ultra Chem Labs, Corp. et al
fr. 4-3-18, 6-5-18, 7-31-18, 11-6-28
Docket 94
NONE LISTED -
Tentative Ruling for April 3, 2018:
BRCA concedes that it is in possession of documents/records/files that formerly belonged to ORCB. A subpoena to the custodian of records for BRCA is therefore sufficient to access records that once belonged to ORCB. Trustee is correct that he holds the debtor's attorney/client privilege and is the successor to the debtor. A client is permitted to demand the turnover of its files. The trustee can do so with regard to/on behalf of the debtor. Moreover, under Bankruptcy Code section 542(e), the Court may order an attorney in possession of books, documents, records and papers relating to the debtor's property or financial affairs to turn them over to the trustee.
Grant the motion. BRCA must deliver to the trustee the same records, files, etc. that it would be required to turnover to the debtor if the debtor asked for its records and files outside of bankruptcy. No documents may be withheld on the ground of attorney/client privilege. If there are any documents that the firm believes may be withheld on work product grounds, firm will need to identify and describe those documents on a privilege log so that the court can determine whether it is appropriate for such documents to be withheld.
Sanctions should be imposed on BRCA to cover the fees and costs associated with the trustee's having to bring this motion. Set continued hearing to determine the amount of such fees.
2:00 PM
Final Ruling for April 3, 2018:
Continue hearing to June 5, 2018 at 2:00 p.m. BCRA should produce by May 14, 2018 all documents that have been requested that are within its custody or under its control and provide a log of any documents within its possession or under its control that it is refusing to produce. Log should include date, all recipients of the document, a brief description of the document and its contents and an explanation of why the document was withheld.
Tentative Ruling for June 5, 2018:
Has BRCA complied with the instructions given by the Court at the last hearing?
5/7/18 -- Court approved stipulation continuing discovery cutoff to October 31, 2018.
7/2/18 -- Court approved stipulation continuing hearing to November 6, 2018 at 2:00 p.m. OFF CALENDAR FOR JULY 31, 2018.
10/2/18 -- Court approved stipulation continuing matter to December 4, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 6, 2018.
11/28/18 -- OFF CALENDAR. COURT APPROVED STIPULATION DISMISSING ADVERSARY PROCEEDING.
Debtor(s):
Ultra Chem USA, Inc. Represented By Dennis D Burns
Defendant(s):
Ultra Chem Labs, Corp. Represented By J Scott Bovitz
Ultra Chem Industries, Ltd. Represented By Amid Bahadori
2:00 PM
John Ten Fong Shieh Represented By John P Kreis
Caroline Su Kyu Shieh Represented By John P Kreis
Christopher Shieh Represented By John P Kreis
Benjamin Shieh Represented By John P Kreis
Patricia Shieh Armijo Represented By John P Kreis
Cesar Fernando Castro Represented By John P Kreis
Movant(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Plaintiff(s):
Brad D. Krasnoff Represented By Randi E Pinckes
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamant & Kollitz LLP Aaron E de Leest
Sonia Singh
2:00 PM
Adv#: 2:18-01275 Dolce et al v. Kendrick
Docket 15
NONE LISTED -
This is supposed to be a default "prove up," yet there isn't any evidence to support any of the factual allegations made by the plaintiff. Continue hearing to give plaintiff an opportunity to provide evidence to support the allegations that debtor is married to Deborah Ellis and has been since 1983 and that Deborah owns four pieces of real property in Los Angeles holding title as a "married woman" that she acquired between 2002 and 2007. Supplemental declaration should also address when and how the plaintiff learned of the existence of this bankruptcy filing so that the Court can assess whether the instant action is timely or not.
Debtor(s):
Daryl G Kendrick Pro Se
Defendant(s):
Daryl G Kendrick Pro Se
Movant(s):
Edward Dolce Represented By James J Orland
Lotte Dolce Represented By
James J Orland
Plaintiff(s):
Edward Dolce Represented By
2:00 PM
James J Orland
Lotte Dolce Represented By
James J Orland
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:18-01275 Dolce et al v. Kendrick
Complaint by Edward Dolce , Lotte Dolce against Daryl G Kendrick fr. 10-23-18
Docket 1
NONE LISTED -
Continue status conference to date of continued hearing on motion for default judgment.
Debtor(s):
Daryl G Kendrick Pro Se
Defendant(s):
Daryl G Kendrick Pro Se
Plaintiff(s):
Edward Dolce Represented By James J Orland
Lotte Dolce Represented By
James J Orland
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:17-01322 Ningbo Kuangfeng International Trade Co., LTD., a v. Chunming LI
Docket 38
11/21/18 - Maria Tam, (626)281-9353, has been approved for telephonic appearance on 12/4/18 @ 2pm
Counsel for plaintiff has withdrawn. Plaintiff cannot proceed without counsel as it is a corporation. Court issued order to show cause why this action should not be dismissed on that basis. Court has not received any response to this order to show cause and replacement counsel has not appeared in the action on plaintiff's behalf. Dismiss action.
Debtor(s):
Chunming Li Represented By
Maria W Tam
Defendant(s):
Chunming LI Represented By
Maria W Tam
Plaintiff(s):
Ningbo Kuangfeng International Represented By
Maria W Tam
Ningbo Yongjie International Co., Represented By
Maria W Tam Ningbo ETDZ Huixing Trade Co., Represented By
2:00 PM
Trustee(s):
Maria W Tam
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:17-01322 Ningbo Kuangfeng International Trade Co., LTD., a v. Chunming LI
#210.00 Status Conference re: 41 (Objection / revocation of discharge - 727(c),(d),(e)))
(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) ,(66 (Dischargeability - 523(a)(1),(14),(14A) priority tax claims)) ,(14 (Recovery of money/property - other)) Complaint by Ningbo Kuangfeng International Trade Co., LTD., a Chinese Corporation , Ningbo Yongjit International Co., LTD., a Chinese Corporation , Ningbo ETDZ Huixing Trade Co., LTD., a Chinese Corporation against Chunming LI
fr. 8-15-17, 10-3-17, 12-19-17, 2-27-18, 6-26-18, 10-2-18
Docket 1
10/23/17 - Amended Second Complaint filed.
8/1/17 -- Court approved stipulation permitting plaintiff to file amended complaint and continuing status conference to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 15, 2017. NO APPEARANCE REQUIRED.
Revisit status of case after conclusion of hearing on motion to dismiss.
Tentative Ruling for December 19, 2017:
Second amended complaint and answer have been filed. No motion to dismiss was filed. How long do the parties anticipate that they will require to conduct discovery? Hearing required.
Tentative Ruling for February 27, 2018:
Do the parties still anticipate that the state court trial will proceed on May 23? Hearing required.
Tentative Ruling for June 26, 2018:
2:00 PM
Continue hearing to October 2, 2018 at 2:00 p.m. Parties should file joint status report two weeks prior to continued status conference. Waive appearances on June 26, 2018.
Tentative Ruling for October 2, 2018:
Trial in state court is currently set for December 5, 2018. Continue status conference to a date by which the trial should have been completed.
Tentative Ruling for December 4, 2018:
Take status conference off calendar in light of dismissal of action in response to OSC.
Debtor(s):
Chunming Li Represented By
Maria W Tam
Defendant(s):
Chunming LI Represented By
Maria W Tam
Plaintiff(s):
Ningbo Kuangfeng International Represented By
Maria W Tam
Ningbo Yongjie International Co., Represented By
Maria W Tam
Ningbo ETDZ Huixing Trade Co., Represented By
Maria W Tam
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
fr. 3-16-16, 5-4-16, 8-10-16, 10-19-16, 11-2-16, 12-14-16, 2-15-17,4-26-17,
10-4-17, 12-6-17, 2-28-18, 8-8-18, 11-6-18
Docket 1
NONE LISTED -
When Court appointed trustee, Court set case status conference for May 4, 2016 at 11:00 a.m. and instructed UST to include in order appointing trustee the date of the status conference and that a written status report will be due by April 22. This language did not find its way into the order. No status report was filed.
What is the status of this matter?
Tentative Ruling for August 10, 2016:
When will trustee be filing chapter 11 plan? Continue case status conference to date that can serve as date of hearing on disclosure statement. Waive requirement of updated status report for next hearing.
Tentative Ruling for November 2, 2016:
Revisit status of case after conclusion of hearing on disclosure statement.
12/5/16 -- court continued hearings to February 15, 2017 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 14, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for February 15, 2017:
2:00 PM
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for April 26, 2017:
If court confirms plan, take case status conference off calendar and set post- confirmation status conference.
Tentative Ruling for October 4, 2017:
At trustee's request, continue post-confirmation status conference to December 6, 2017 at 11:00 a.m. Trustee should file updated status report not later than November 29, 2017. APPEARANCES WAIVED ON OCTOBER 4, 2017.
Tentative Ruling for December 6, 2017:
Debtor should demand return of excess funds by a date certain and, if funds are not returned by that date, bring a motion to compel refund of overpayment. Continue case status conference to February 28, 2018 at 11:00 a.m. Trustee should file an updated status report not later than February 16, 2018. APPEARANCES WAIVED ON DECEMBER 6, 2017.
Tentative Ruling for February 28, 2018:
It seems pretty straightforward that PA Investment should be required to return the overpayment (the "Excess Funds"). Set deadline for the debtor to commence action against PA Investment for a return of the Excess Funds. If the debtor fails to comply with this deadline or to supply the missing $85,000 itself, trustee should move forward with a sale of the property. Plan needs to be consummated.
3/2/18 -- Court signed scheduling order directing debtor to either commence adversary proceeding against PA Investment for the overpayment (or to pay this amount to the trustee itself) or the trustee will have authority to enforce and implement the default provisions under the plan.
Tentative Ruling for August 8, 2018:
2:00 PM
Continue status conference to November 6, 2018 at 2:00 p.m. as a holding date, at which point the court will set a further continued status conference, the date of which will depend on what happens at the status conference in the reorganized debtor's adversary proceeding. APPEARANCES WAIVED ON AUGUST 8, 2018.
Tentative Ruling for November 6, 2018:
Continue case status conference to December 4, 2018 at 2:00 p.m. to coincide with date and time of status conference in adversary proceeding. APPEARANCES WAIVED ON NOVEMBER 6, 2018.
Tentative Ruling for December 4, 2018:
It does not appear that adversary proceeding will be resolved in the near future.
Court will not leave plan in a state of limbo for extended period. Discuss with parties what should happen to plan and case if plan cannot go effectively in the near future.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro
Trustee(s):
Elissa Miller (TR) Represented By David M Goodrich Asa S Hami Daniel A Lev
2:00 PM
Adv#: 2:18-01110 Arroyo Vision Care, LLC v. PA Investment Fund, LLC et al
fr. 11-6-18
Docket 22
NONE LISTED -
10/4/18 -- Court approved stipulation continuing hearing to December 4, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 6, 2018.
Tentative Ruling for December 4, 2018:
Deny motion with regard to claims against principals/officers. Movant is correct that, ordinarily, there would be no basis upon which to proceed against the principals on these facts, but the complaint alleges that PA Investment Fund LLC was dissolved and that the disputed funds were distributed out to the individual defendants. On these facts, the recipients of these funds can be held liable.
Deny motion with regard to claim for declaratory relief. The fact that there are other causes of action contained in the complaint doesn't mean this claim should be dismissed. There is a genuine dispute between the parties concerning this alleged overpayment. Plaintiff can plead all available theories based on the operative facts.
With regard to claim for breach of contract, grant motion with leave to amend. Plaintiff should specify whether the contact alleged to have been breached was oral or in writing (although there will not be a statute of limitations problem in either event) and, if the contract is oral, specify the operative terms
2:00 PM
of the contract -- that is, what are the parties' respective obligations under the contract and when was it made. If the contract is in writing, the complaint should so specify and should attach a copy of the writing. Is plaintiff alleging that accepting the alleged overpayment was a breach of the defendants' obligations under the plan? Is plaintiff alleging that the email exchange between counsel concerning the third demand constituted a written contract? If so, these emails should be attached.
Grant motion with leave to amend as to fraud claim. It seems unlikely on these facts that plaintiff can plead a fraud claim, but court will give plaintiff one last opportunity to do so. What did defendants say, or fail to say when they had a duty to speak, that was a false representation (or fraudulent omission) upon which someone relied, etc. All elements of the fraud should be pleaded. Here, it seems as though, much to everyone's surprise, the escrow closed based on the second demand because no one told escrow there would be a third demand. One would have thought that the debtor, who is the one who sought a further reduction of the demand, would have contacted escrow to give the escrow officer a headsup that there was a third demand on its way. Apparently, this didn't happen, but how is this fraud?
Court rejects the argument that plaintiff lacks standing to seek a refund of the alleged overpayment because it was borrowed money. The debtor has obligated itself to repay the borrowed funds. If the debtor made false representations to the lender about the purpose for which the proceeds would be used, the lender may have a claim against the debtor, but, having obligated itself to repay the borrowed funds, any alleged overpayment belongs to the borrower.
Set deadline for plaintiff to file and serve amended complaint and deadline for filing response to complaint.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro
2:00 PM
Defendant(s):
PA Investment Fund, LLC Represented By Saul Reiss
Mehran Farhadi Represented By Saul Reiss
Joseph Ghadir Represented By Saul Reiss
Raymond Aver Pro Se
Movant(s):
PA Investment Fund, LLC Represented By Saul Reiss
Plaintiff(s):
Arroyo Vision Care, LLC Represented By Chad V Haes Stella A Havkin
Trustee(s):
Elissa Miller (TR) Represented By David M Goodrich Asa S Hami Daniel A Lev
2:00 PM
Adv#: 2:18-01110 Arroyo Vision Care, LLC v. PA Investment Fund, LLC et al
LLC, Mehran Farhadi, Joseph Ghadir, Raymond Aver fr. 6-26-18, 8-14-18, 11-6-18
Docket 1
NONE LISTED -
5/16/18 -- Court approved stipulation extending deadline to respond to complaint to June 4, 2018.
5/30/18 -- Court approved stipulation extending plaintiff's deadline to file amended complaint to June 15, 2018 and defendant's deadline to respond to complaint to July 9, 2018. Status conference continued to August 14, 2018 at
2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
7/26/18 -- Court approved stipulation continuing status conference to November 6, 2018 at 2:00 p.m. OFF CALENDAR FOR AUGUST 14, 2018.
10/4/18 -- Court approved stipulation continuing hearing to December 4, 2018 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 6, 2018.
Tentative Ruling for December 4, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro
2:00 PM
Defendant(s):
PA Investment Fund, LLC Represented By Saul Reiss
Mehran Farhadi Represented By Saul Reiss
Joseph Ghadir Represented By Saul Reiss
Raymond Aver Pro Se
Plaintiff(s):
Arroyo Vision Care, LLC Represented By Chad V Haes Stella A Havkin
Trustee(s):
Elissa Miller (TR) Represented By David M Goodrich Asa S Hami Daniel A Lev
10:00 AM
Docket 6
NONE LISTED -
Debtor has now filed certificate of credit counseling, but that certificate reflects that counseling occurred post-petition, and debtor has not requested or obtained an exemption from prepetition credit counseling requirement. As debtor did not complete credit counseling within the 180 days before the commencement of the bankruptcy case, debtor is not eligible to be a debtor in this bankruptcy case.
Dismiss case. (Nothing precludes this debtor from refiling, but new filing would be debtor's second bankruptcy case within a year, meaning that automatic stay will terminate within 30 days unless debtor moves for and obtains an extension.)
OFF CALENDAR. TENTATIVE WILL BE THE RULING. COURT TO PREPARE ORDER.
Debtor(s):
Lisa Marie Paillet Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 10
NONE LISTED -
Deny approval as not being in debtor's best interest and creating an undue hardship. Court will prepare order. APPEARANCES WAIVED.
(If debtor would like to be heard on this tentative ruling, debtor should contact chambers at (213) 894-8980, and court will arrange for a continued hearing at a later date.)
Debtor(s):
STEWART DELGADO Represented By Jennifer Ann Aragon
Movant(s):
MECHANICS BANK fka Represented By Brett C Rafferty
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 101
NONE LISTED -
Due to National Day of Mourning, continue hearing to December 12, 2018 at 10:00 a.m. OFF CALENDAR FOR DECEMBER 5, 2018.
Debtor(s):
Tod C Brewer Represented By Andrew S Mansfield
Movant(s):
Heide Kurtz (TR) Represented By Timothy J Yoo Carmela Pagay
Trustee(s):
Heide Kurtz (TR) Represented By Timothy J Yoo Carmela Pagay
10:00 AM
fr. 11-7-18
Docket 94
NONE LISTED -
Tentative Ruling for November 7, 2018 (together with motion re BMW):
Trade-in value is NOT the value that the creditor would receive if it repossessed the vehicle and sold it in a commercially reasonable manner and not the price at which the debtor would be able to procure a comparable vehicle. The trade-in value is the credit that the dealer is willing to give a customer for the vehicle -- an amount that is significantly LESS than the dealer believes it can obtain by reselling the vehicle -- so that the dealer is confident that it will obtain an appropriate margin of profit. Trade-in value is routinely far less than either wholesale or private party value. Under Rash, the appropriate value always needs to be determined in light of the debtor's anticipated use of the vehicle. The question remains and the standard is, therefore, what would the debtor have to pay if she were required to purchase a comparable vehicle instead of the one that she is currently driving, that is, replacement value.
Under section 506(a)(2), replacement value means "the price a retail merchant would charge [not pay to the debtor] for property of that kind considering the age and condition of the property at the time value is determined."
Deny motion, or, if debtor prefers, permit debtor to submit supplemental declaration re replacement value of vehicle as definted above.
Because the prohibition against modifying obligations secured by vehicles acquired
10:00 AM
within 910 days before the bankruptcy appears only in chapter 13 of the bankruptcy code, does this provision even apply in chapter 11 cases? If and when the debtor seeks to confirm a plan that attempts to modify creditor's lien, creditor should be prepared to brief this issue.
Final Ruling for November 7, 2018:
Court continued hearing to December 5, 2018 at 10:00 a.m. to give debtor an opportunity to file and serve a supplemental declaration by November 21, 2018.
Tentative Ruling for December 5, 2018:
Docket does not reflect filing of supplemental declaration. Deny motion without prejudice. OFF CALENDAR FOR DECEMBER 5, 2018.
APPEARANCES WAIVED. COURT WILL PREPARE ORDER.
(If debtor would like to be heard on this tentative ruling, debtor should contact chambers at (213) 894-8980, and court will arrange for a continued hearing at a later date.)
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
10:00 AM
Docket 1
NONE LISTED -
Due to National Day of Mourning, continue hearing to December 12, 2018 at 10:00 a.m. OFF CALENDAR FOR DECEMBER 5, 2018.
Debtor(s):
Herbert W. Gains Represented By Martin J Brill Todd M Arnold
Joint Debtor(s):
Beth A. Gains Represented By
Martin J Brill Todd M Arnold
2:00 PM
Docket 39
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Anthony A Figueroa Represented By Raymond Perez
Joint Debtor(s):
Jamie L Figueroa Represented By Raymond Perez
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Docket 40
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Linda Jean Gonzales Represented By Heather J Canning
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Docket 37
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Jose A. Moreno Represented By
James D. Hornbuckle
Joint Debtor(s):
Dina Moreno Represented By
James D. Hornbuckle
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Docket 33
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Manuel Perez Represented By Sam Benevento
Joint Debtor(s):
Graciela Perez Represented By Sam Benevento
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Docket 39
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Jorge Leiva Pineda Represented By Paul L Brisson
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
[Fees requested: $94591.00 Expenses: $2355.19]
Docket 357
NONE LISTED -
Grant application. Allow on final basis supplemental fees and costs requested. Authorize payment of remaining balance due from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Daniel Louis Reece Represented By James A Hayes Jr James R Selth
Joint Debtor(s):
Kimberly Ann Reece Represented By James A Hayes Jr James R Selth
Movant(s):
Danning, Gill, Diamond & Kollitz, Pro Se
Trustee(s):
Diane C Weil (TR) Pro Se
2:00 PM
[Fees: $86,443.50, Expenses: $2,092.52]
Docket 76
NONE LISTED -
Grant application. Allow on interim basis fees of $86,443.50 and costs of $2,092.52. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
JUNG SHUP SIM Represented By Jaenam J Coe
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel Sonia Singh
2:00 PM
Docket 172
NONE LISTED -
Grant application. Allow on interim basis fees of $156,343 and costs of $4,249.71. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
10:00 AM
Docket 9
NONE LISTED -
Trustee contends that respondent is a bankruptcy petition preparer. Section 110(a) defines bankruptcy petition preparer as a person, other than an attorney, who prepares for compensation a document for filing. Respondent claims that he did not prepare or help to prepare the paperwork and has no knowledge of bankruptcy paperwork. Respondent claims that she collected
$1,000 in cash (after a check for this amount was returned) and that that amount represented two filing fees of $335 each (as debtor and ex-spouse each filed a bankruptcy case) and a pickup/delivery for an expedited filing of
$165 per spouse. The debtor supplied two declarations: one on September 12, 2018, and one on September 18, 2018. In both declarations, she says that respondent helped her prepare the paperwork. In the first declaration, she says that she did not pay respondent to help her prepare paperwork. In the second declaration, she says she did pay respondent to help her with the paperwork. In the transcript of her 341(a) meeting, when asked whether the respondent was the one who prepared the bankruptcy papers, debtor responds, "Yeah and my cousin," When asked what the money was for, the debtor explains that it was for two filing fees. When Mr. Maroko asked what else the $1,000 was for, since the filing fee was only $335 (per case), Mr.
Maroko says, "Okay so this is for Jack to help out and type up the papers." The debtor responds, "Ah huh, yeah. And for the paper, for the court fee."
This testimony isn't as clear as the court might like concerning what exactly, if anything, Jack did in connection with preparing the papers. Unless Jack assisted with the preparation of the papers (as distinguished from acting as a messenger in bringing the documents to the court), even the handling of the filing fee does not constitute a violation of section 110.
10:00 AM
Set evidentiary hearing at which the court can question the debtor concerning what exactly Jack did in connection with the bankruptcy papers.
Debtor(s):
Siriluk Atiganit Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Docket 34
NONE LISTED -
12/3/18 -- Court approved stipulation converting case to chapter 13 in lieu of granting of this motion and taking hearing off calendar.
NO APPEARANCE REQUIRED.
Debtor(s):
Lisa Marie Hughes Represented By John D Sarai
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: JOSEPH DARIO GONZALEZ
Docket 49
NONE LISTED -
The automatic stay is designed to protect debtors and bankruptcy estates only, not third parties. If Christodoro would like the protection of the automatic stay, he will need to file a bankruptcy. Grant motion to the extent that it seeks relief to let all parties litigate to a final judgment, but enforcement as against the debtor and the bankruptcy estate will remain stayed. (Parties can file proofs of claim against the estate.) What post-petition conduct does movant seek to validate through annulment? Hearing required.
Debtor(s):
Lucie Idleman Represented By Suzette Douglas
Movant(s):
Joseph Dario Gonzalez Represented By Joseph D Gonzalez
Trustee(s):
Jason M Rund (TR) Represented By Kathleen J McCarthy Thomas H Casey
10:00 AM
MOVANT: WELLS FARGO BANK , NA
Docket 8
12/4/18 - Rancy Mroczysnki, (714)4531-1026, has been approved for telephonic appearance on 12/11/18 @ 10am
There is equity in the vehicle, but debtor's intention is to surrender. Grant motion, with waiver of Rule 4001(a)(3).
Debtor(s):
Sila Sok Represented By
D Justin Harelik
Movant(s):
Wells Fargo Bank, N.A. dba Wells Represented By
Jennifer H Wang
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 12
12/4/18 - Randy Mroczynski, (714)431-1026, has been approved for telephonic appearance on 12/11/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Nikole Ramirez Represented By Nicholas M Wajda
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: XCEED FINANCIAL FEDERAL CREDIT UNION
Docket 75
NONE LISTED -
11/28/2018 -- Court approved stipulation continuing hearing to January 8, 2019 at 10:00 a.m. Trustee's opposition will be due 14 days before continued hearing. OFF CALENDAR FOR DECEMBER 11, 2018.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
Movant(s):
Xceed Financial Federal Credit Represented By Patrick Reider
Trustee(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
10:00 AM
MOVANT: DAIMLER TRUST
Docket 37
12/4/18 - Randy Mroczynski, (714)431-1026, has been approved for telephonic appearance on 12/11/18 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat
Movant(s):
Daimler Trust Represented By
Randall P Mroczynski
10:00 AM
MOVANT: MARGARITA ORDONEZ
Docket 15
NONE LISTED -
Grant without waiver of Rule 4001(a)(3) or extraordinary relief.
Debtor(s):
Vincent Michael Parton Represented By Randy Alexander
Joint Debtor(s):
Carmen Parton Represented By Randy Alexander
Movant(s):
MARGARITA ORDONEZ Represented By
Ivan M Lopez Ventura
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:17-01018 BACH THANH CERAMICS CO, LTD et al v. NGUYEN
fr. 3-28-17, 4-11-17, 7-11-17, 10-17-17, 2-27-18, 4-10-18,8-14-18
Docket 1
11/29/18 - Joey Moore, (714)438-7210, has been approved for telephonic appearance on 12/11/18 @ 2pm
Tentative Ruling for July 11, 2017:
Plaintiff has now filed amended complaint and obtained and served alias summons. Defendant has filed an answer to complaint. According to the status report, court has granted relief from stay to permit the matter to proceed to trial in state court. That trial was scheduled to commence on June 28, 2017. Did trial get continued? What is the status of the state court action?
Final Ruling for July 11, 2017:
Matter did not proceed to trial in state court. One of defendants filed chapter 13 before Judge Brand. Plaintiff intends to move for relief from stay.
Continue status conference to October 17, 2017 at 2:00 p.m. Parties shall file joint status report not later than October 3, 2017.
Tentative Ruling for October 17, 2017:
According to status report, chapter 13 case has been dismissed and a trial setting conference was scheduled to be held in state court on October 6, 2017. What happened at that trial setting conference?
2:00 PM
Final Ruling for October 17, 2017:
Continue status conference to February 27, 2018 at 2:00 p.m. Plaintiff should give notice. Parties should file joint status report not later than February 13, 2018.
Tentative Ruling for February 27, 2018:
The parties report that the matter has been "conditionally settled" and that the settlement should be consummated by July 31, 2018. What does this mean? What are the terms of the proposed settlement? Hearing required.
Tentative Ruling for April 10, 2018:
The status report states that the parties have reached a "conditional" settlement. What is conditional about the settlement? Hearing required.
Tentative Ruling for August 14, 2018:
Plaintiff reports that defendant has defaulted on the payments due under the parties' conditional settlement agreement. Discuss next steps with parties.
Tentative Ruling for December 11, 2018:
The amended complaint asserts a claim under section 727 that plaintiff now seeks to dismiss. What was the factual basis for the objection to discharge and is plaintiff now satisfied that there is no claim under this section? Hearing required.
Debtor(s):
YEN NGUYEN Pro Se
Defendant(s):
YEN NGUYEN Represented By
Yen Nguyen - DISBARRED -
2:00 PM
Plaintiff(s):
BACH THANH CERAMICS CO, Represented By
Joey P Moore
Yen Nguyen - DISBARRED -
BACH THANH CERAMICS, INC. Represented By
Joey P Moore
Hoa Thuy Tran Represented By Joey P Moore
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:17-01472 Yoo v. Rodriguez et al
fr. 11-14-17, 2-27-18, 5-8-18, 8-7-18, 10-9-18
Docket 1
NONE LISTED -
Set discovery cutoff of January 31, 2018 and final status conference for approximately same time frame.
11/16/17 -- Court approved scheduling order setting following dates: Cont'd status conference -- February 27, 2018 at 2:00 p.m.
L/D to file joint status report -- February 13, 2018 L/D to conduct discovery -- February 28, 2018
2/14/18 -- Court approved stipulation setting following dates: Cont'd status conference -- May 8, 2018 at 2:00 p.m.
Cont'd discovery cuotff -- April 30, 2018
L/D to file joint status report -- April 24, 2018.
4/26/18 -- Court approved stipulation continuing discovery cutoff to July 31, 2018 and continuing status conference to August 7, 2018 at 2:00 p.m. Parties shall file joint status report not later than July 24, 2018. OFF CALENDAR FOR MAY 8, 2018.
2:00 PM
7/27/18 -- Court approved stipulation continuing discovery cutoff to October 1, 2018 and continuing status conference to October 9, 2018 at 2:00 p.m.
Parties shall file joint status report not later than September 25, 2018. OFF CALENDAR FOR AUGUST 7, 2018.
10/4/18 -- Court approved stipulation continuing discovery cutoff to November 30, 2018 and continuing status conference to December 11, 2018 at 2:00
p.m. Parties shall file joint status report not later than November 27, 2018. OFF CALENDAR FOR OCTOBER 9, 2018.
11/27/18 -- Court approved stipulation continuing status conference to February 12, 2019 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 11,
2018.
Debtor(s):
Martin Edward Rodriguez Represented By Raymond Perez
Defendant(s):
Consuelo Rodriguez Represented By Jeffrey B Smith
Mary H. Rodriguez Represented By Jeffrey B Smith
Martin Edward Rodriguez Pro Se
Plaintiff(s):
Timothy J. Yoo Represented By Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay Lindsey L Smith
2:00 PM
Adv#: 2:18-01335 Attessa Properties CA, LLC v. Idleman et al
Docket 1
NONE LISTED -
Discuss with parties factual basis of action and whether this is an appropriate matter to be sent to an early mediation.
Debtor(s):
Lucie Idleman Represented By Suzette Douglas
Defendant(s):
Lucie Idleman Pro Se
Plaintiff(s):
Attessa Properties CA, LLC Represented By Bobby Samini
Trustee(s):
Jason M Rund (TR) Represented By Kathleen J McCarthy Thomas H Casey
2:00 PM
MOVANT: ROYAL BUSINESS BANK
fr. 7-11-17, 6-13-17, 12-19-17, 4-11-18, 8-14-18
Docket 24
NONE LISTED -
Tentative Ruling for June 13, 2017:
Deny motion for lack of cause shown. Movant has filed a 523 action. Court can hold that in abeyance while movant litigates in state court with Chen and Li. Movant can assert by way of affirmative defense in the state court action that it did nothing wrong and that any wrongful conduct was that of the debtor and not the bank. If and when movant has any liability in the state court action, if there is a theory under which movant believes it may impose that liability on debtor, it can attempt to do so in its adversary proceeding. What is the advantage of granting relief from stay to have debtor's liability litigated in state court when this court will have to examine any findings to ascertain whether any liability is dischargeable anyway?
Final Ruling for June 13, 2017:
Continue hearing to July 11, 2017 at 2:00 p.m. to be heard concurrently with status conference in adversary proceeding in lieu of denial (at movant's request). Briefing closed. Conduct July 11 hearing as a status conference. If and when Court believes it might make sense to grant relief from stay, court will give plaintiff an opportunity to file supplemental brief and debtor an
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opportunity to respond.
Tentative Ruling for July 11, 2017:
Revisit status of motion after conclusion of status conference.
Tentative Ruling for December 19, 2017:
At request of parties, continue hearing on motion for relief from stay and status conference to April 11, 2018 at 2:00 p.m. APPEARANCES WAIVED ON DECEMBER 19, 2017.
Tentative Ruling for April 11, 2018:
At request of parties, continue hearing on motion for relief from stay and status conference to August 14, 2018 at 2:00 p.m. Parties should file updated status report not later than two weeks prior to the continued status conference. APPEARANCES WAIVED ON APRIL 11, 2018.
Tentative Ruling for August 14, 2018:
At request of plaintiff, continue hearing on motion for relief from stay and status conference to December 11, 2018 at 2:00 p.m. Parties should file updated status report not later than two weeks prior to the continued status conference. APPEARANCES WAIVED ON AUGUST 14, 2018.
12/6/18 -- Parties report that state court action has been resolved and dismissed. Parties have dismissed adversary proceeding under section 523. Court deems this motion to have been withdrawn as relief is no longer necessary. OFF CALENDAR.
Debtor(s):
George Tsai Represented By
Sam X J Wu
2:00 PM
Movant(s):
Royal Business Bank, a California Represented By
Yuriko M Shikai Eva Wong
Trustee(s):
David A Gill (TR) Pro Se
2:00 PM
Adv#: 2:17-01270 Royal Business Bank, a California banking corporat v. Tsai
fr. 7-11-17, 12-19-17, 4-11-18, 8-14-18
Docket 1
NONE LISTED -
What, if any, progress has been made in the related state court actions? Hearing required.
Tentative Ruling for December 19, 2017:
At request of parties, continue hearing on motion for relief from stay and status conference to April 11, 2018 at 2:00 p.m. Parties should file updated status report not later than two weeks prior to the continued status conference. APPEARANCES WAIVED ON DECEMBER 19, 2017.
Tentative Ruling for April 11, 2018:
At request of parties, continue hearing on motion for relief from stay and status conference to August 14, 2018 at 2:00 p.m. Parties should file updated status report not later than two weeks prior to the continued status conference. APPEARANCES WAIVED ON APRIL 11, 2018.
Tentative Ruling for August 14, 2018:
At request of plaintiff, continue hearing on motion for relief from stay and status conference to December 11, 2018 at 2:00 p.m. Parties should file
2:00 PM
updated status report not later than two weeks prior to the continued status conference. APPEARANCES WAIVED ON AUGUST 14, 2018.
12/6/18 -- Court approved stipulation dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
George Tsai Represented By
Sam X J Wu
Defendant(s):
George Tsai Pro Se
Plaintiff(s):
Royal Business Bank, a California Represented By
Yuriko M Shikai Nikki Ma
Trustee(s):
David A Gill (TR) Pro Se
2:00 PM
Adv#: 2:18-01003 Tarpinian et al v. Isadzhanyan
Docket 26
NONE LISTED -
11/21/18 -- Parties submitted stipulation continuing opposition and reply dates but not continuing hearing on motion. Court needs additional time to review papers submitted late. Court approved stipulation but added a provision continuing hearing date to December 18, 2018 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 11, 2018.
Debtor(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Defendant(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Movant(s):
Nayrie Garo Tarpinian Represented By Cliff Schneider
Gary Tarpinian Represented By Cliff Schneider
Plaintiff(s):
Nayrie Garo Tarpinian Represented By Cliff Schneider
2:00 PM
Gary Tarpinian Represented By Cliff Schneider
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Brandon J Iskander
2:00 PM
Adv#: 2:18-01003 Tarpinian et al v. Isadzhanyan
fr. 3-6-18, 6-5-18, 9-11-18
Docket 1
NONE LISTED -
Continue status conference for approximately 90 days. Order parties to complete a day of mediation under court's mediation program prior to date of continued status conference.
3/27/18 -- Court approved scheduling order setting following dates: Cont'd status conference -- June 5, 2018 at 2:00 p.m.
L/D to file joint status report -- May 22, 2018
L/D to lodge order appointing mediators -- March 26, 2018 L/D to complete mediation -- June 5, 2018.
3/27/18 -- Court approved order appointing mediators.
Tentative Ruling for June 5, 2018:
Have the parties complied with this Court's order to complete a day of mediation prior to June 5, 2018? If not, why not?
6/29/18 -- Court approved scheduling order with following dates: Cont'd status conference -- September 11, 2018 at 2:00 p.m.
L/D to file joint status report -- August 28, 2018
2:00 PM
L/D to lodge order appointing mediators -- June 29, 2018 L/D to complete mediation -- September 11, 2018
7/16/18 -- Court approved stipulation appointing mediators.
Tentative Ruling for September 11, 2018:
Did the parties participate in a mediation? If not, why not? If so, did the matter settle? Where is the joint status report that should have been filed 14 days before the status conference? Hearing required.
9/20/18 -- Court signed scheduling order setting following dates: L/D to conduct discovery -- November 13, 2018
L/D to lodge joint pretrial order -- November 27, 2018 Pretrial conference -- December 11, 2018 at 2:00 p.m.
11/21/18 -- Parties submitted stipulation continuing opposition and reply dates for motion for summary judgment but not continuing hearing on motion. Court needs additional time to review papers submitted late. Court approved stipulation but added a provision continuing hearing date on motion for summary judgment to December 18, 2018 at 2:00 p.m. Continue pretrial conference to date of continued hearing on motion for summary judgment.
OFF CALENDAR FOR DECEMBER 11, 2018.
Debtor(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Defendant(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Plaintiff(s):
Nayrie Garo Tarpinian Represented By Cliff Schneider
2:00 PM
Gary Tarpinian Represented By Cliff Schneider
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Brandon J Iskander
2:00 PM
Adv#: 2:18-01312 DDC Group, Inc. v. RDY Holdings LLC et al
Docket 5
NONE LISTED -
Court disagrees with the majority of the arguments made in the motion.
This is a core proceeding, as it concerns the allowance or disallowance of claims against the estate (28 U.S.C. section 157(b)(2)(B)) and a determination as to the validity, extent or priority of liens (28 U.S.C. section 157(b)(2)(K)). Although there have been confessions of judgment, the judgments entered are simply money judgments. They do not discuss whether there is collateral (or whether accounts were purchased). Moreover, there are multiple creditors who have recorded UCC-1's with overlapping collateral descriptions. Therefore, even if the liens are valid, it would be necessary in any event for the court to sort out which liens have priority over which other liens.
(Movant asserts that it purchased accounts and does not have a security interest. The judgment that it obtained does nothing to support this conclusion, and revised Article 9 of the Uniform Commercial Code makes this distinction largely irrelevant for the purpose of this analysis. The definition of a security interest contained in Cal. Com. Code section 1201(35) (and presumably in comparable provisions of Article 9 in other jurisdictions, if the applicable law is that of another state) includes the interest of a buyer in accounts, and it is necessary to record a UCC-1 to perfect even the purchase of an interest in accounts.)
To return to movant's arguments, there is no jurisdictional problem. This is not a Rooker Feldman problem. The question is one of issue or claim preclusion. The prior state court actions did not even address the question of
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whether there is a perfected security interest in (or purchase of) any of the debtor's assets, so the prior judgments do not preclude the debtor from relitigating these issues. The debtor is correct that, in an appropriate case, a bankruptcy court may exercise its discretion to refuse to grant collateral estoppel effect to a state court judgment, but the debtor has pleaded any such facts in its complaint.
With regard to the amount of the judgments, what does California law have to say with regard to the collateral estoppel effect of confessions of judgment?
Neither the motion nor the response contains any discussion of this issue. There is no collateral estoppel effect to a state court judgment in a California bankruptcy court unless a California state court would give the judgment collateral estoppel effect. Would a California court treat a judgment amount resolved by a confession of judgment as having been "actually and necessarily litigated" for the purpose of collateral estoppel? If so, it may well be that the debtor is barred from challenging the amount of the claims asserted by creditors holding judgments entered based on confessions of judgment, inasmuch as the debtor has failed to appeal or otherwise challenge the judgments in a timely manner.
Nevertheless, the court has serious problems with the form of the debtor's complaint. On what basis is the debtor claiming that the confessions of judgment are not binding as to amount? Does the debtor claim that the creditors failed to comply with applicable procedures for obtaining a confession of judgment? Does the debtor claim that, notwithstanding compliance with applicable procedures, the judgments are avoidable as fradulent transfers? Is the debtor asserting that, although the judgment amounts are binding, the claims are not secured and, if so, why? Does the debtor claim that the collateral descriptions on some of the UCC-1's are inadequate? (One contains a description that reads, "Future Receivables." Another says, "Blanket filing for all assets. Contract non commercial.") Are these adequate collateral descriptions under revised Article 9? And what is the debtor's position with regard to the respective priorities of the creditors as against its assets? The complaint doesn't lay out any of this.
Deny motion in its entirety, but nevertheless direct debtor to file an amended complaint that provides the level of detail requested by the Court.
2:00 PM
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Defendant(s):
RDY Holdings LLC Pro Se
Yes Lender LLC Represented By Larry D Webb
GTR Source LLC Pro Se
Yellowstone Capital West LLC Pro Se
Richmond Capital Group, LLC Pro Se
Movant(s):
Yes Lender LLC Represented By Larry D Webb
Plaintiff(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
Adv#: 2:18-01312 DDC Group, Inc. v. RDY Holdings LLC et al
Docket 1
NONE LISTED -
Revisit status of action after resolution of related matters on calendar.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Defendant(s):
RDY Holdings LLC Pro Se
Yes Lender LLC Represented By Larry D Webb
GTR Source LLC Pro Se
Yellowstone Capital West LLC Pro Se
Richmond Capital Group, LLC Pro Se
Plaintiff(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 5-8-18, 6-27-18, 8-16-18, 9-27-18
Docket 339
NONE LISTED -
Tentative Ruling for May 8, 2018:
Rulings on Plaintiff's Evidentiary Objections:
(Court has numbered individual objections interposed by plaintiff.)
Sustain.
Sustain.
Overrule.
Overrule.
Overrule.
Overrule.
Sustain.
Sustain.
Sustain.
Sustain.
Overrule.
Overrule.
Overrule.
Overrule.
Overrule.
Tentative Ruling on Merits:
Baker has fundamentally misconstrued what the court has ordered. The
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Court did not order Baker to provide Anderson with access to what Pickrell read or to emails that Baker has determined are relevant. The Court ordered Baker to provide Anderson with access to the same sources to which Pickrell was given access. The scope of the court's order is not limited to emails that Baker has decided relate to this litigation. Plaintiff should be given access to the email systems that Baker has used so that plaintiff can ascertain whether there are additional emails and files that Baker has attempted to prevent him from seeing. Further Baker does not sufficiently address or refute plaintiff's contention that he has deleted emails for which he has not accounted.
Baker's testimony concerning the amount of spam he receives and the spam he deleted is insufficient to account for the large quantity of data that appears to have vanished.
Court is inclined to enter the proposed form of order lodged by Baker, or at least significant portions of it; however, there is a problem. An OSC re contempt must be specific as to the possible sanctions to be imposed if a party is found in contempt and needs to be specific as to the allegedly contemptuous conduct.
Court will need to issue a new form of OSC that sets forth possible sanctions that may be imposed. Discuss with parties form of that order.
Final Ruling for May 8, 2018:
See written order entered June 27, 2018.
Tentative Ruling for June 27, 2018:
Court has signed a simplified and streamlined version of the proposed order lodged by the plaintiff last week; however, inasmuch as the form of that order was disputed and it wasn't even signed until June 26, 2018, the court modified the deadlines set forth in that order to give defendant the same amount of time to comply as had been originally envisioned by the Court.
The new dates set forth in that order include restoration by July 27, 2018, filing of the compliance declaration by August 3, 2018, service of reply papers by August 10, 2018 and a hearing on the OSC on August 16, 2018 at 10:00 a.m.
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Accordingly, this hearing should be continued to (or set for) August 16, 2018 at 10:00 a.m.
Tentative Ruling for August 16, 2018:
Defendant has not filed an opposition or response to this Court's June 26, 2018 OSC (the "OSC") and has not filed the compliance declaration that was due August 3, 2018. Thus, defendant has not offered the court any evidence to support the conclusion that he restored the required data by July 27, 2018 or sent out the preservation notices by July 27, 2018 to the vendors and witnesses listed on attachments D and E of the OSC (or any of the other parties identified in paragraph 18(a) of the OSC). Nor has the defendant offered the Court any evidence to support the conclusion that he is unable to restore the required data.
Enter an order:
making the factual findings set forth in paragraphs 3(a) through (g) of the OSC;
holding defendant in civil contempt and imposing monetary sanctions against him in an amount sufficient to compensate plaintiff for the cost of bringing multiple motions designed to compel him to cooperate in discovery. (Has plaintiff filed a declaration authenticating attorneys' fee statements setting forth fees and costs attributable to this work?)
continuing the hearing on whether to refer defendant to the US Attorney for criminal prosecution until after the court has heard the report of the neutral expert;
continuing the hearing on whether to make a report and recommendation to the district court that defendant be held in criminal contempt until after the court has heard the report of the neutral expert;
appointing a neutral expert by entering an order substantially in the form attached as Exibit J to the OSC; and
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making the findings set forth in paragraphs 12(a) through (i) of the OSC and prohibiting Baker from raising or contesting any of these findings or offering any evidence or argument contrary to these findings.
Final Ruling from August 16, 2018:
Having found that the defendant had failed to take various required steps, the Court entered an order on August 16, 2018, making certain findings of fact, prohibiting Baker from disputing these findings, allowing plaintiff his attorneys' fees and costs in an amount to be determined at a hearing scheduled for September 27, 2018, after giving the defendant an opportunity to review and respond to the amounts requested for which the court set a briefing schedule and directing the appointment of a neutral expert pursuant to a separate order entered September 6, 2018. Continued hearing on amount of fees and expenses set for September 27, 2018 at 2:00 p.m.
Tentative Ruling for September 27, 2018:
Overrule evidentiary objections. Disallow any additional reimbursement for preparing a reply brief. Defendant's opposition does not warrant a response. Baker has not objected to any of the specific fees or expenses requested by plaintiff and does not raise any arguments as to the reasonableness of the fees or expenses requested.
Disallow administrative fees of 3.5 percent. Court does not permit reimbursements to be calculated in this manner. Court will not reimburse for Bovitz and Spitzer's fees without a copy of that firm's billing statement, which does not appear to have been included in papers filed by plaintiff.
The Court having granted plaintiff's motions to compel discovery and having found that (1) defendant's conduct necessitated the bringing of multiple motions to compel discovery and to compel compliance with orders granting those motions; (2) movant attempted in good faith to obtain compliance before bringing these motions; (3) defendant's failure to respond to prior orders was not substantially justified; and (4) there are no other circumstances that would make it unjust for the court to impose plaintiff's costs for bringing and prosecuting these motions upon the defendant,
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pursuant to FRCP 37(1)(5), made applicable herein by FRBP 7037, allow costs of $686.46 and fees of $132,633.25.
Tentative Ruling for December 11, 2018:
Order imposing sanctions entered September 28, 2018 set a continued hearing for December 11, 2018 at 2:00 p.m. and provided that "This hearing shall be a holding date; the Court will schedule further briefing and hearing on the Continued Matters (as defined in this Court's August 16, 2018 Order) after it has received and reviewed the report of the neutral expert."
Court has received and reviewed the neutral expert's initial progress report, but it appears from that report that no substantive analysis of the data obtained from defendant has yet occurred. To date, the experts efforts appear to have been focused on obtaining and imaging'preserving the data on the defendant's devices. The expert has not yet begun searching for material that may be relevant to this matter.
Discuss with expert and the parties timeline and next steps in this action.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Jessica Ponce
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
2:00 PM
2:00 PM
Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 12-8-15, 2-9-16, 4-5-16, 5-10-16, 5-24-16, 5-31-16, 9-27-16, 11-15-16,
1-10-17, 3-14-17, 6-13-17, 6-27-17, 7-11-17, 10-31-17, 2-13-18, 3-13-18,
5-8-18, 6-27-18, 8-16-18, 9-27-18
Docket 1
NONE LISTED -
Defendant's counsel should not handwrite documents to be filed with the Court. His writing is illegible.
Continue status conference to May 10, 2016 at 2:00 p.m. to be heard concurrently with related matters that will be on calendar for that date. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for May 31, 2016:
Revisit status of action after conclusion of related matters on calendar. 6/2/16 -- Court signed scheduling order setting following dates:
Cont'd status conference -- September 27, 2016 at 2:00 p.m. L/D to file joint status report -- September 13, 2016 Discovery cutoff -- September 30, 2016
L/D to lodge order appointing mediator -- June 17, 2016 Deadline to complete mediation -- September 27, 2016
7/6/16 -- court approved order appointing mediators.
2:00 PM
Tentative Ruling for September 27, 2016:
Plaintiff has filed a notice of inability to prepare joint status report. Where is the declaration required by LBR 7016-1(a)(3) that must be included whenever a party submits a unilateral status report? Why haven't the parties used the mandatory status report form required by LBR 7016-1(a)(2)? When counsel for plaintiff provided a draft status report that did not comply with the Local Bankruptcy Rules, why didn't counsel for the defendant file a unilateral report in compliance with LBR 7016-1(a)(3)?
Impose sanctions of $150 on counsel for each of the parties. Counsel for the plaintiff is urged to download a current version of the Court's local rules, as he is apparently relying on an outdated version of the rules. He should refer to the Court's website.
As a result, although there is a great deal of alleged information contained in plaintiff's filing, none of it is evidence and it does not address the issues that are supposed to be included in the status report.
Set continued status conference in approximately 30 to 45 days. Parties are to file the required joint status report form not less than two weeks prior to the continued status conference.
Tentative Ruling for March 14, 2017:
Revisit status of action after conclusion of hearing on matter no.101.
3/25/17 -- Court signed scheduling order setting following dates:
Cont'd status conference -- June 13, 2017 at 2:00 p.m. L/D to file joint status report -- May 30, 2017
L/D to designate experts and exchange reports -- May 15, 2017 L/D to exchange responsive reports -- June 12, 2017
5/26/17 -- Court granted motion to extend June 12 deadline to June 19 and continued status conference to June 27, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 13, 2017.
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6/12/17 -- Court approved stipulation continuing hearing to July 11, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 27, 2017.
Tentative Ruling for July 11, 2017:
Parties were to exchange expert witness reports. They did not need to file them. On May 16, 2017, Court reopened discovery for a period of 60 days from that date to permit the parties to conduct additional discovery related to the website www.baddocjjm.com. Are the parties on track to complete that discovery by July 15?
Set deadline for the completion of expert discovery. Has all other discovery been completed?
Set pretrial conference and deadline for lodging joint pretrial order. Discuss with parties form of proposed pretrial order.
8/15/17 -- Court approved scheduling order setting following dates: L/D to complete expert discovery -- September 15, 2017
Cont'd status conference -- October 31, 2017 at 2:00 p.m. L/D to file joint status report -- October 17, 2017
Tentative Ruling for October 31, 2017:
In light of court's rulings in related matters, when does plaintiff anticipate that he will be ready for trial.
2/6/18 -- Court approved stipulation continuing hearing to March 13, 2018 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 13, 2018.
Tentative Ruling for March 13, 2018:
Continue status conference to March 20, 2018 at 2:00 p.m. to be heard concurrently with motion on calendar for that date and time. Where is status report that should have been filed two weeks before status conference?
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APPEARANCES WAIVED ON MARCH 13, 2018.
Tentative Ruling for June 27, 2018:
Continue status conference to date of hearing on OSC (August 16, 2018 at 10:00 a.m.)
Tentative Ruling for August 16, 2018:
Revisit status of action after conclusion of hearing on OSC.
Tentative Ruling for September 27, 2018:
Continue status conference to a date after neutral expert should have filed his initial status report.
Tentative Ruling for December 11, 2018:
Revisit status of action after conclusion of hearing on matter no. 209.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Jessica Ponce
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
Trustee(s):
Sam S Leslie (TR) Represented By
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Carolyn A Dye
10:00 AM
Docket 8
NONE LISTED -
There is no attorney listed on the petition and no evidence that counsel is representing the debtor. Dismiss case pursuant to LBR 9011-2(a).
Debtor(s):
Reason To Believe, LLC Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 15
NONE LISTED -
Deny approval. Reaffirmation would impose undue hardship and does not appear to be in debtors' best interest.
Debtor(s):
Nicholas J. McDonald Represented By Michael Salanick
Joint Debtor(s):
Melinda E. McDonald Represented By Michael Salanick
Movant(s):
U.S. BANK NATIONAL Represented By John Rafferty
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 202
NONE LISTED -
Provided the term "Remnant Assets" does not include any avoiding power actions created by the bankruptcy code, grant motion. Approve sale to highest bidder.
Debtor(s):
Genius Products LLC Pro Se
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman Alfred H Siegel (TR) Lindsey L Smith James P Menton JR David B Shemano
10:00 AM
fr. 11-7-18
Docket 46
12/6/18 - Steven Berman, (813)227-2332, has been approved for telephonic appearance on 12/12/18 @ 10am.
Tentative Ruling for November 7, 2018:
Has Lanius produced the requested documents? If not, grant motion in its entirety, including request that Lanius pay movant's reasonable attorneys' fees in bringing this motion. All objections have been waived. Set further briefing on appropriate amount of attorneys' fees.
Final Ruling for November 7, 2018:
Grant motion. Enter interim order directing turnover of documents and awarding fees related to procuring documents from Lanius in an amount to be determined at continued hearing on December 12, 2018. Movant should file and serve supplemental declaration re amount of fees related to extracting documents from Lanius not later than November 21, 2018. Any response/objection will be due by November 30, 2019. Replies will be due by December 5, 2018. If there is no objection to the amount of fees requested in the supplemental declaration, court will take continued hearing off calendar and enter order allowing fees.
Tentative Ruling for December 12, 2018:
Movant filed a supplemental declaration requesting payment of $6,875.20. Of this amount, $123.50 relate to charges that would have been incurred even if
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Lanius had promptly responded to the subpoena. (See first three charges reflected on spreadsheet attached as Exhibit 1.) Allow fees of $6,751.70 ($6,875.20 minus $123.50). Take hearing off calendar. Movant should lodge order awarding these fees.
Debtor(s):
Green-Light International, LLC Represented By David S Hagen
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 47
12/6/18 - Steven Berman, (813)227-2332, has been approved for telephonic appearance on 12/12/18 @ 10am.
Tentative Ruling for November 7, 2018:
No longer being paid or employed does not relieve counsel of the obligation to comply with discovery requests, but it seems as if Mr. Hagen is asserting that he has already turned over all documents in his possession or custody or under his control. Is that correct? If this is the case, Hagen should provide (if he has not already) a declaration to this effect, explaining the efforts to which he has gone to locate or acquire the missing documents.
Final Ruling for November 7, 2018:
Continue hearing to December 12, 2018 at 10:00 a.m. as a status conference. Movant should serve subpoenas on principals themselves (Elliott and Moore) as distinguished from the debtor. Their attorney, Jonathan Saffer has agreed to accept service on their behalf. The debtor (acting through Elliott and Moore) will submit to an examination commencing on December 5, 2018. Elliott and Moore will turnover all documents responsive to the (new) subpoenas within 7 days after service of the subpoenas. The court reserved ruling on Raven's request for attorneys' fees and costs incurred in bringing this motion.
Tentative Ruling for December 12, 2018:
What has happened since the last hearing? Were subpoenas in the name of
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the individuals served? Have the individuals produced the requested documents? Did the oral examination occur? Hearing required.
Debtor(s):
Green-Light International, LLC Represented By David S Hagen
Trustee(s):
Carolyn A Dye (TR) Pro Se
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Approving Sale of Real Property Located at 56311 and 56333 Highway 371, Anza, California 92539, Free and Clear of All Liens, Interests, Claims, and Encumbrances Pursuant to 11 U.S.C. § 363(b) and (f);
Approving Bid Procedures; and 3) Determining that Buyers and Entitled to Protection Pursuant to 11 U.S.C. § 363 (m)
Docket 177
NONE LISTED -
Weren't there any parties interested in purchasing this property with third party financing? Having the debtor carryback the note seems like a really bad idea, particularly in light of the fact that the debtor will presumably be in second position behind new financing. Is there any existing relationship between debtor and the buyer?
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
10:00 AM
Docket 43
NONE LISTED -
Court does not understand the transaction and where the loan proceeds will be going. How will the debtor make the required payments? Isn't this just an expensive bandaid that buys the debtor only 3.5 months and places unsecured creditors further behind more secured debt? Has anyone expressed an interest in buying the debtor's property at any price?
Hearing required.
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat
10:00 AM
Claim 26-1 Of Arthur Moncayo
Claim 25-1 Of Daniel Flores
Claim 28-1 Of Ettieonne Cook
Claim 21-1 Of Jose Duarte
Claim 22-1 Of Maurice Faber
Docket 1188
NONE LISTED -
11/29/18 -- Court approved stipulation continuing hearing to December 19, 2018 at 10:00 a.m. OFF CALENDAR FOR DECEMBER 12, 2018.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
10:00 AM
Robert S Marticello Philip E Strok
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Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date.
Debtor(s):
Herbert W. Gains Represented By Martin J Brill Todd M Arnold
Joint Debtor(s):
Beth A. Gains Represented By
Martin J Brill Todd M Arnold
10:00 AM
Docket 101
NONE LISTED -
Exemptions are not only applicable in bankruptcy. The state law exemptions that are in dispute here are available when creditors attempt to exercise remedies outside of bankruptcy. The fact that Dawn will not be able to obtain another discharge in bankruptcy is irrelevant. Applicable law requires that the debtor obtain spousal consent before he may use the 703 exemptions and he has not done that (and cannot now do that in that she used the 704 exemptions and her case is now closed -- it is too late for her to change her election to the 703 exemptions -- spouses have to agree on which set of exemptions to use -- they cannot obtain the benefit of both sets of exemptions). Sustain trustee's objection.
Debtor(s):
Tod C Brewer Represented By Andrew S Mansfield
Movant(s):
Heide Kurtz (TR) Represented By Timothy J Yoo Carmela Pagay
Trustee(s):
Heide Kurtz (TR) Represented By Timothy J Yoo Carmela Pagay
10:00 AM
11:00 AM
fr. 3-1-18, 6-7-18, 10-17-18
Docket 918
12/11/18 - Raymon Aver, (310)571-3511, has been approved for telephonic appearance on 12/12/18 @ 11am
Tentative Ruling for March 1, 2018:
Rulings on Movant's Evidentiary Objections;
Evidentiary Objections to Perez Declaration;
Sustain.
Overrule.
Sustain.
Overrule.
Sustain.
Sustain.
Sustain.
Evidentiary Objections to Franck Declaration:
Overrule.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
Sustain.
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Sustain.
Sustain.
Sustain.
Tentative Ruling on Merits:
Court has not previously ruled on whether debtor and its affiliates are or are not alter egos or whether substantive consolidation would be appropriate.
Court is not prepared to summarily adjudicate whether an employee of one of Mr. Hudson's nondebtor restaurants should be treated as an employee of the debtor. Deem motion to be an adversary proceeding for procedural purposes. Give parties an opportunity to conduct discovery. Set status conference in approximately 90 days.
Final Ruling for March 1, 2018:
Court made above evidentiary rulings. Court will prepare order deeming matter to be adversary proceeding for procedural purposes and setting status conference for June 7, 2018 at 10:00 a.m. Parties shall file joint status report 14 days before date of status conference.
Tentative Ruling for June 7, 2018:
Set a deadline for filing pretrial motions, including any motion to compel further discovery, if the claimant believes that the trustee's responses to discovery requests were inadequate.
If the Court understands correctly, claimants contention here is that this estate is liable for his claims against the debtor's affiliates because the affiliates and the debtor were operated as one integrated enterprise -- in other words, because they are alter egos of one another or should be substantively consolidated with one another and not because of some fraudulent conduct that was unique to this claimant that should permit him to rely on the creditworthiness of the debtor. If the court's understanding is correct, there are other parties that must be named in this action. (The court is not going to adjudicate the issue of substantive consolidation unless it would bind all parties to the outcome.) If the claimant wants to proceed with this claim, Herbert Hudson and the other entities that he owns are necessary parties
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here.
(Does Mr. Aver have appropriate conflict waivers here? Can he represent both Beesley, one of the largest creditor of this bankruptcy estate, and Perez, who seeks to assert a large claim against this estate, whose claim, if allowed, would significantly extend the time necessary to pay allowed claims under the plan? Would it be in the best interest of creditors of this estate generally to have the nondebtor entities consolidated into the estate?)
6/15/18 -- Court signed scheduling order setting following dates:
Cont'd status conference -- October 17, 2018 at 11:00 a.m. L/D to file joint status report -- October 6, 2018
L/D to complete mediation (with nondebtor entities) -- October 17, 2018 L/D to lodge order appointing mediators -- July 2, 2018
Tentative Ruling for October 17, 2018:
Enter an order continuing status conference to December 12, 2018 at 11:00
a.m. and extending deadline for parties to complete mediation to that same date. APPEARANCES WAIVED ON OCTOBER 17, 2018.
Tentative Ruling for December 12, 2018:
Parties report that this matter has been settled. Continue hearing to February 12, 2019 at 2:00 p.m. to give the parties an opportunity to document their settlement. APPEARANCES WAIVED ON DECEMBER 12, 2018.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ
11:00 AM
John N Tedford
11:00 AM
fr. 2-15-17, 8-30-17, 2-28-18, 6-13-18
Docket 1
NONE LISTED -
Court has reviewed reorganized debtor's status report. Continue case status conference to April 17, 2019 at 11:00 a.m. Reorganized debtor should file updated status report accompanied by declaration not later than April 3, 2019. APPEARANCES WAIVED ON DECEMBER 12, 2018.
Debtor(s):
Hansen Freightlines Incorporated Represented By
David L. Neale Krikor J Meshefejian
11:00 AM
fr. 8-12-15, 9-24-15, 1-6-16, 2-10-16, 3-16-16, 4-27-16, 9-7-16, 3-8-17,
12-12-17, 6-27-18
Docket 1
NONE LISTED -
Did debtor ever serve the original order setting status conference? Did debtor ever file the initial status report? If not, why not? Hearing required.
10/1/15 -- Court signed scheduling order setting following dates: L/D to serve notice of bar date --- September 25, 2015
Bar date -- November 30, 2015
L/D to file plan and disclosure statement -- November 30, 2015 Cont'd status conference -- January 6, 2016 at 2:00 p.m.
Hearing on disclosure statement -- January 6, 2016 at 2:00 p.m.
Tentative Ruling for January 6, 2016:
Continue case status conference to date of continued hearing on disclosure statement.
Tentative Ruling for April 27, 2016:
If Court confirms plan, set post-confirmation status conference and deadline for reorganized debtor to file status report accompanied by declaration.
Tentative Ruling for September 7, 2016:
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According to status report, debtor is behind on payments to her professionals but hopes to catch up from a workers compensation award that she expects to receive. Professionals have not agreed to this payment plan, but do they anticipate taking any action in an effort to enforce their claims under the plan? Hearing required.
Final Ruling for September 7, 2017:
Continue hearing to March 8 2017 at 11:00 a.m. Debtor should file and serve updated status report not later than February 24, 2017.
Tentative Ruling for March 8, 2017:
According to status report, debtor is current on the payments due both secured creditors and unsecured creditors under the plan and is only in default on payments due administrative claimants. Is this correct?
Hearing required.
Tentative Ruling for December 13, 2017:
Is debtor now current on all plan payments? Post confirmation status report is not accompanied by a declaration and makes no mention of administrative claimants. Hearing required.
Tentative Ruling for June 27, 2018:
Continue hearing to December 12, 2018 at 11:00 a.m. Debtor should file and serve updated status report accompanied by debtor's declaration not later than November 30, 2018.
Tentative Ruling for December 12, 2018:
How much does former counsel claim debtor owes for professional fees? Has debtor made any progress in resolving issues with Wells Fargo? Did debtor succeed in paying November payments to secured creditors and
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October payments to unsecured creditors? Is debtor now current on payments under the plan?
Debtor(s):
Ida Mae Woods Represented By Michael R Totaro
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Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. Set deadline for filing chapter 11 plan.
11/20/17 -- Court signed scheduling order with following dates: L/D to serve notice of bar date -- November 17, 2017
Bar date -- January 8, 2018
L/D to file updated status report -- February 16, 2018
Cont'd status conference -- February 28, 2018 at 11:00 a.m. L/D to file plan and disclosure statement -- March 31, 2018
Tentative Ruling for February 28, 2018:
Court signed an order authorizing the employment of Jennifer Min Liu as accountant on December 5, 2017. Why has the debtor filed another motion to approve her employment? Is different relief being requested this time?
Hearing required.
Tentative Ruling for August 15, 2018:
Revisit status of case after conclusion of confirmation hearing.
Tentative Ruling for December 12, 2018:
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Court has reviewed debtor's post-confirmation status report. Continue case status conference to June 12, 2019 at 11:00 a.m. Reorganized debtor should file updated status report not later than May 29, 2019. APPEARANCES WAIVED ON DECEMBER 12, 2018.
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
2:00 PM
fr. 3-14-18, 5-16-18, 5-30-18, 8-1-18, 10-24-18
Docket 103
NONE LISTED -
Tentative Ruling for March 14, 2018:
Court is not prepared to convert or dismiss the case at this time. Continue hearing on motion for approximately 90 days to see if debtor files a plan of reorganization that has any realistic prospect of being confirmed.
Final Ruling for March 14, 2018:
Continue hearing to May 16, 2018 at 2:00 p.m. Briefing closed.
Tentative Ruling for August 1, 2018:
Revisit status of motion after conclusion of related matters on calendar.
Tentative Ruling for October 24, 2018:
Continue hearing to December 12, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 24, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for December 12, 2018:
See tentative ruling for matter no. 202.
2:00 PM
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
Movant(s):
MUFG UNION BANK, N.A. Represented By Richard Sontag
2:00 PM
1) Approving Debtor's Disclosure Statement
Approving Solicitation voting, balloting and notice procedures
Setting Confirmation Hearing and certain deadlines in connection with the Debtor's Plan of Reorganization
fr. 5-30-18, 8-1-18, 10-24-18
Docket 127
NONE LISTED -
Tentative Ruling for October 24, 2018:
Continue hearing to December 12, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 24, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for December 12, 2018:
See tentative ruling for matter no. 202.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
Movant(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen Leslie A Cohen
2:00 PM
Leslie A Cohen
2:00 PM
fr. 8-1-18, 10-24-18
Docket 160
NONE LISTED -
Court has a number of proposed revisions to the form of the plan and disclosure statement that will be discussed on the record at the time of hearing on the disclosure statement.
Tentative Ruling for October 24, 2018:
Continue hearing to December 12, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 24, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for December 12, 2018:
The court is not satisfied with the rate at which this chapter 11 case is proceeding. The debtor is willing to make monthly payments if and only if the lender agrees to a payment plan that does not require the consent of debtor's estranged spouse. As it appears that this case will continue to drag on for an extended period before the court will know what support payments the debtor can rely on, it would be appropriate for there to be a cost or compensation to the lender for the extent of this delay. Require debtor to make monthly payments as a condition to continuation of the automatic stay.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By
2:00 PM
Leslie A Cohen
2:00 PM
fr. 6-28-17, 10-4-17, 1-24-18, 2-28-18, 3-14-18, 5-16-18, 5-30-18, 10-24-18
Docket 1
NONE LISTED -
Set deadline for service of bar date and bar date.
Order authorizing counsel's employment was signed/entered June 14, 2017. Debtor is an attorney who consults, yet the vast majority of the income reflected on the budget is "monthly support." Is this from her ex-husband? Approximately how many hours per week does debtor spend doing legal- related work?
Where is the debtor currently living? Is the Bentley property habitable? What happened to the property that gave rise to the $70,000 in insurance proceeds? What transpired in the state court that led to the entry of a judgment against the debtor "on procedural grounds"?
Why are there two separate lines that both include the cost of summer school and camp for debtor's child/children? Where do debtor's children go to school? Debtor's financial troubles include, according to the status report, medical bills. Budget does not include a line-item for medical insurance.
Why not? Are these medical bills likely to be recurring or were they the result of a condition that has now been cured or eliminated?
The entries for home insurance and car insurance on the budget are blank. Who pays for these expenses? Does the debtor have a car? There do not appear to be any vehicle-related expenses on the budget. Why no?
Hearing required.
2:00 PM
6/29/17 -- Court signed scheduling order with following dates:
L/D to serve bar date notice -- July 7, 2017 Bar date -- August 31, 2017.
7/6/17 -- Court signed scheduling order with following dates: L/D to serve bar date notice -- July 7, 2017
Bar date -- August 31, 2017.
Cont'd case status conference -- October 4, 2017 at 11:00 a.m. L/D to file updated status report -- September 22, 2017.
Tentative Ruling for October 4, 2017:
How much work remains to be done on the property? Does the debtor have an estimate as to when the property will be in a condition to be rented?
Hearing required.
Tentative Ruling for February 28, 2018:
Continue hearing to March 14, 2018 at 10:00 a.m. to be heard concurrently with motion to convert set for same date and time. APPEARANCES WAIVED ON FEBRUARY 28, 2018.
Tentative Ruling for March 14, 2018:
Revisit status of case after conclusion of hearing on related motions. 3/19/18 -- Court approved scheduling order with following dates: Cont'd status conference -- May 16, 2018 at 2:00 p.m.
Filing of updated status report waived
L/D for debtor to file plan and disclosure statement -- March 30, 2018\ Hearing on disclosure statement -- May 16, 2018 at 2:00 p.m.
Tentative Ruling for August 1, 2018:
2:00 PM
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for October 24, 2018:
Continue hearing to December 12, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 24, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for December 12, 2018:
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
Docket 97
12/4/18 - Steve Swartzell, (949)427-2010 x1012, has been approved for telephonic appearance on 12/12/18 @ 2pm
Court has a number of questions and concerns with regard to the form of the debtor's plan and disclosure statement that will be discussed on the record at the time of hearing on the disclosure statement.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
2:00 PM
MOVANT: CENTER STREET LENDING FUND IV SPE, LLC. fr. 11-27-18
Docket 106
12/4/18 - Steve Swartzell, (949)427-2010 x1012, has been approved for telephonic appearance on 12/12/18 @ 2pm
This is a chapter 11 case and there is no evidence that the property is declining in value. Court is not yet in a position to include that there is no reasonable prospect of reorganization within a reasonable period. Debtor has filed a plan and disclosure statement that is set for hearing on December 12, 2018. Deny motion or, if movant prefers and consents to continuance, continue hearing to coincide with date of hearing on disclosure statement so that, if court concludes that plan cannot be confirmed within a reasonable period at some point during the confirmation process, it can grant relief from stay.
Tentative Ruling for December 12, 2018:
Revisit motion after conclusion of hearing on disclosure statement.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
2:00 PM
Movant(s):
Center Street Lending Fund IV SPE, Represented By
Kristin A Zilberstein
2:00 PM
Docket 1
12/4/18 - Steve Swartzell, (949)427-2010 x1012, has been approved for telephonic appearance on 12/12/18 @ 2pm
Set bar date and deadline for serving notice of bar date. Has debtor filed motion for authority to use cash collateral? If not, why not? Has debtor been paying expenses in the interim? Debtor has proposed August 15 as the deadline for filing a plan. What has to happen before debtor will be in a position to file a plan? Hearing required.
3/19/18 -- Court signed order setting following dates:
Cont'd status conference -- June 13, 2018 at 11:00 a.m. L/D to serve notice of bar date -- March 21, 2018
Bar date -- May 31, 2018
L/D to file joint status report -- June 5, 2018
L/D to file plan and disclosure statement -- June 29, 2018
Tentative Ruling for June 13, 2018:
Set deadline for debtor to file either objection to claim filed by first trust deed holder or adversary proceeding against first trust deed holder. Continue status conference to date that can be used as date of hearing on disclosure statement.
Final Ruling for June 13, 2018:
Continue case status conference to August 1, 2018 at 11:00 a.m. Debtor
2:00 PM
should file updated status report by July 30, 2018 and plan and disclosure statement by September 17, 2018. Debtor should file either adversary proceeding or claim objection with regard to bank's claim not later than July 13, 2015. (Court later extended that date to August 3, 2018 in response to debtor's motion by order entered July 17, 2018.)
Tentative Ruling for August 1, 2018:
Debtor in her status report states that she is currently preparing an adversary proceeding against Center Street Lending for the purpose of determining the correct amount of the balance due under the loan. Continue status conference to date of status conference in that new action.
Tentative Ruling for October 2, 2018:
This case is going nowhere until debtor files her adversary proceeding against her lender. Did debtor file the adversary proceeding by the September 28 deadline? If not, convert case to chapter 7. If so, continue case status conference to date of status conference in adversary proceeding.
Tentative Ruling for December 12, 2018:
Revisit status of case after conclusion of hearing on disclosure statement.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
10:00 AM
MOVANT: ERIC ASHTON
Docket 19
NONE LISTED -
Court was not served with motion or notice of errata, as required by local rules and court manual.
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Mira O Setiabudhi Represented By Roland H Kedikian
Joint Debtor(s):
Rebecca Lou Setiabudhi Represented By Roland H Kedikian
Movant(s):
Eric Ashton Represented By
Richard P Petersen
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 11
12/10/18 - Jennifer Wang, (714)431-1026, has been approved for telephonic appearance on 12/18/18 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Tiffany Nicole Black Pro Se
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: WESTRIDGE LENDING FUND,LLC.
Docket 10
12/7/18 - Mark Estle, (619)992-9264, has been approved for telephonic appearance on 12/18/18 @ 10am
The debtor is an individual. The property was not transferred to the debtor and is not listed on her schedules. There is no automatic stay as to the subject property in this case. Deny relief with order that clarifies basis for denial.
Debtor(s):
Sang Min Koo Pro Se
Movant(s):
Westridge Lending Fund, LLC, a Represented By
Mark D Estle
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: PACIFIC VIEW APARTMENT HOMES
Docket 8
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Sybille Saint-Leger Represented By David P Farrell
Movant(s):
Pacific View Apartment Homes Represented By Richard Sontag
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01318 Ferrari Financial Services, Inc. v. Wiltsey
Docket 1
NONE LISTED -
Default was requested, but not entered. Set deadline for plaintiff to file request for entry of default and motion for entry of default judgment. Continue status conference to coincide with hearing on default judgment motion.
Defendant(s):
Matthew Edward Wiltsey Pro Se
Plaintiff(s):
Ferrari Financial Services, Inc. Represented By Timothy J Silverman
2:00 PM
Adv#: 2:18-01219 Brand v. Northstar Education Finance, Inc. et al
fr. 9-11-18
Docket 1
12/6/18 - Scott Schiff, (310) 276-2026, has been approved for telephonic appearance on 12/18/18 @ 2pm
8/16/18 -- Court approved stipulation substituting Educational Credit Mgmt Corp. as real party in interest for Great Lakes Higher Education Guaranty Corp.
Tentative Ruling for September 11, 2018:
Set discovery cutoff for late December and continued status conference for approximately same time frame.
9/14/18 -- Court entered order setting following dates:
Cont'd status conference -- December 18, 2018 at 2:00 p.m. L/D to file joint status report -- December 4, 2018
L/D to conduct discovery -- December 30, 2018
Tentative Ruling for December 18, 2018:
Set deadline for ECMC to file summary judgment motion and continue status conference to same date and time as hearing on summary judgment motion.
2:00 PM
Debtor(s):
Donny Emil Brand Represented By Christie Cronenweth
Defendant(s):
Northstar Education Finance, Inc. Represented By
Scott A Schiff
US Bank ELT Northstar Pro Se Educational Credit Management Represented By
Scott A Schiff
Plaintiff(s):
Don Emil Brand Represented By Christie Cronenweth
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Adv#: 2:18-01322 Commonwealth Land Title Insurance Company v. Babakhanyan
Docket 1
NONE LISTED -
Set deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Artak Babakhanyan Represented By Scott Kosner
Defendant(s):
Artak Babakhanyan Pro Se
Plaintiff(s):
Commonwealth Land Title Insurance Represented By
Karen A Ragland
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:18-01031 Golden, Chapter 7 Trustee v. SIMLIM et al
Beom Sik Kim, Jung Shup Sim fr. 4-10-18, 8-14-18, 10-16-18
Docket 1
NONE LISTED -
Continue status conference approximately 90 to 120 days. Order parties to complete a day of mediation prior to date of continued status conference.
4/16/18 -- Court approved scheduling order with following dates: Cont'd status conference -- August 14, 2018 at 2:00 p.m.
L/D to file status report -- July 31, 2018
L/D to complete mediation -- August 14, 2018
L/D to lodge order appointing mediators -- May 18, 2018
\
5/22/18 -- Court approved order appointing mediators. Tentative Ruling for August 14, 2018:
Did the parties attend mediation on August 9? If not, why not?
10/3/18 -- Court approved stipulation continuing status conference to December 18, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 16,
2018.
2:00 PM
Tentative Ruling for December 18, 2018:
When do the parties anticipate that they will be filing their stipulation re dismissal and uploadiong an order dismissing this action?
Debtor(s):
JUNG SHUP SIM Represented By Jaenam J Coe
Defendant(s):
MIJA SIMLIM Represented By Jaenam J Coe
BEOM SIK KIM Represented By Christian T Kim
JUNG SHUP SIM Represented By Jaenam J Coe
Plaintiff(s):
Jeffrey I. Golden, Chapter 7 Trustee Represented By
Sonia Singh Eric P Israel
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel Sonia Singh
2:00 PM
Adv#: 2:18-01280 Manjikian v. Pyfrom
fr. 11-13-18
Docket 1
NONE LISTED -
Motion to approve compromise was just filed. Continue hearing to December 18, 2018 at 2:00 p.m. to give the Court an opportunity to process motion for approval of compromise. APPEARANCES WAIVED ON NOVEMBER 13, 2018.
12/3/18 -- Court approved compromise. Action to be dismissed once release of lien is delivered and recorded.
OFF CALENDAR. ACTION HAS BEEN DISMISSED.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
Defendant(s):
Gregory C Pyfrom Pro Se
Plaintiff(s):
Viken Manjikian Represented By
2:00 PM
James R Selth
2:00 PM
Adv#: 2:18-01329 JJJ Diners Inc v. Jabor Original Holdings III, LLC et al
Docket 3
12/4/18 - Status Conference set for 1/8/19 @ 2pm
Dismiss adversary proceeding as moot. Court dismissed bankruptcy case for reasons other than any allegedly false representations made by defendant.
The court dismissed the case in response to UST's motion to dismiss based on the debtor's failure to take the majority of the steps necessary to prosecute this bankruptcy case. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
JJJ Diners Inc Represented By
Yi Y Oh
Defendant(s):
Jabor Original Holdings III, LLC Pro Se
Joseph Trenk Pro Se
Centers Business Management Represented By Joseph Trenk
Movant(s):
Centers Business Management Represented By Joseph Trenk
2:00 PM
Plaintiff(s):
JJJ Diners Inc Represented By
Yiyong Oh
2:00 PM
Adv#: 2:18-01316 Leyva, Jr. et al v. Graves
Docket 6
NONE LISTED -
Grant motion to dismiss without leave to amend. Debtor initially scheduled plaintiffs with an incorrect address, but promptly corrected that, well before the deadline for filing this action and well before this action was filed. The only alleged inaccuracy now in debtor's schedules is that they don't list a claim that debtor does not believe she has -- a bad faith insurance claim. In light of the insurance carrier's willingness to pay the full amount of any judgment or settlement, there won't be any damage (and therefore any value) to any bad faith claim. This omission cannot be material in that it will not on these facts produce any value for the estate in any event.
Debtor(s):
Clemmie Janet Graves Represented By Onyinye N Anyama
Defendant(s):
Clemmie Janet Graves Represented By Onyinye N Anyama
Movant(s):
Clemmie Janet Graves Represented By Onyinye N Anyama
Plaintiff(s):
Jaime Leyva Jr. Represented By
2:00 PM
Steven R Fox
Tannya Leyva Represented By Steven R Fox
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:18-01316 Leyva, Jr. et al v. Graves
Docket 1
NONE LISTED -
Take status conference off calendar due to grant of motion to dismiss.
Debtor(s):
Clemmie Janet Graves Represented By Onyinye N Anyama
Defendant(s):
Clemmie Janet Graves Represented By Onyinye N Anyama
Plaintiff(s):
Jaime Leyva Jr. Represented By Steven R Fox
Tannya Leyva Represented By Steven R Fox
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
fr. 1-30-18, 3-6-18, 3-20-18, 4-3-18, 5-8-18, 6-26-18, 8-14-18, 10-9-18, 11-13-18
Docket 50
NONE LISTED -
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Tentative Ruling for April 3, 2018:
What, if any, progress has been made with regard to settlements? Are the parties ready to proceed to hearing on this motion?
4/2/18 -- Court approved stipulation continuing hearing to May 8, 2018 at 2:00
p.m. OFF CALENDAR FOR APRIL 3, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for May 8, 2018:
Court has prepared a tentative ruling that has been withheld. What is the status of this matter? Are the parties ready to proceed to a hearing on this motion?
5/7/18 -- Court approved stipulation continuing hearing to June 26, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 8, 2018. NO APPEARANCE REQUIRED.
6/22/18 -- Court signed order approving stipulation continuing hearing to August 14, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
2:00 PM
Tentative Ruling for August 14, 2018:
Court has prepared a tentative ruling that has been withheld. What is the status of this matter? Are the parties ready to proceed to a hearing on this motion?
8/10/18 -- Court signed order approving stipulation continuing hearing to October 9 (not October 2), 2018 at 2:00 p.m. OFF CALENDAR FOR
AUGUST 14, 2018.
10/4/18 -- Court approved stipulation continuing hearing to November 13, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 9, 2018.
Tentative Ruling for November 13, 2018:
Court recently approved a series of settlements. What, if anything, is left of this action? Hearing required.
12/10/18 -- Court approved stipulation dismissing adversary proceeding. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
2:00 PM
Movant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:17-01292 Krasnoff v. DRI Relays, LLC
fr. 8-1-17, 8-29-17, 10-3-17, 3-6-18, 3-20-18, 4-3-18, 5-8-18, 6-26-18, 8-14-18
10-9-18, 11-13-18
Docket 1
NONE LISTED -
6/26/17 -- Court approved stipulation continuing defendant's response date to August 4, 2017 and continuing status conference to August 29, 2017 at 2:00
p.m. OFF CALENDAR FOR AUGUST 1, 2017.
8/22/17 -- Court approved stipulation continuing hearing to October 3, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 29, 2017.
Tentative Ruling for January 30, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
3/2/18 -- Court approved stipulation continuing hearing to March 20, 2018 at 2:00 p.m. OFF CALENDAR FOR MARCH 6, 2018.
Tentative Ruling for April 3, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss. 4/2/18 -- Court approved stipulation continuing hearing to May 8, 2018 at 2:00
p.m. OFF CALENDAR FOR APRIL 3, 2018. NO APPEARANCE REQUIRED.
2:00 PM
Tentative Ruling for May 8, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
5/7/18 -- Court approved stipulation continuing hearing to June 26, 2018 at 2:00 p.m. OFF CALENDAR FOR MAY 8, 2018. NO APPEARANCE REQUIRED.
6/22/18 -- Court signed order approving stipulation continuing hearing to August 14, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Tentative Ruling for August 14, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
8/10/18 -- Court signed order approving stipulation continuing hearing to October 9 (not October 2), 2018 at 2:00 p.m. OFF CALENDAR FOR
AUGUST 14, 2018.
10/4/18 -- Court approved stipulation continuing hearing to November 13, 2018 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 9, 2018.
Tentative Ruling for November 13, 2018:
Court recently approved a series of settlements. What, if anything, is left of this action? Hearing required.
12/10/18 -- Court approved stipulation dismissing adversary proceeding. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento
2:00 PM
Ian Landsberg
Defendant(s):
DRI Relays, LLC Represented By Andrew N Goldfarb Kyra E Andrassy
Autumn D Spaeth ESQ Robert S Marticello
Plaintiff(s):
Brad D. Krasnoff Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
Adv#: 2:18-01003 Tarpinian et al v. Isadzhanyan
#210.00 Motion For Summary Judgment fr. 12-11-18
Docket 26
NONE LISTED -
11/21/18 -- Parties submitted stipulation continuing opposition and reply dates but not continuing hearing on motion. Court needs additional time to review papers submitted late. Court approved stipulation but added a provision continuing hearing date to December 18, 2018 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 11, 2018.
Tentative Ruling for December 18, 2018:
Grant in part and deny in part, that is, grant summary adjudication of issues that representations as to income received during six months prior to bankruptcy, income earned in 2017, amount of liabilities against him and whether he was working on Orcas Project were false and that these representations are material. Deny motion with regard to whether these representations were knowing and fraudulent. It seems highly likely on these facts that representations were knowing and fraudulent, but these are quintessentially issues of fact and defendant disputes these issues. Court would prefer to resolve these last remaining issues in a procedural context that permits it to weigh the available evidence.
Debtor(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
2:00 PM
Defendant(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Movant(s):
Nayrie Garo Tarpinian Represented By Cliff Schneider
Gary Tarpinian Represented By Cliff Schneider
Plaintiff(s):
Nayrie Garo Tarpinian Represented By Cliff Schneider
Gary Tarpinian Represented By Cliff Schneider
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Brandon J Iskander
2:00 PM
Adv#: 2:18-01003 Tarpinian et al v. Isadzhanyan
fr. 3-6-18, 6-5-18, 9-11-18, 12-11-18
Docket 1
NONE LISTED -
Continue status conference for approximately 90 days. Order parties to complete a day of mediation under court's mediation program prior to date of continued status conference.
3/27/18 -- Court approved scheduling order setting following dates: Cont'd status conference -- June 5, 2018 at 2:00 p.m.
L/D to file joint status report -- May 22, 2018
L/D to lodge order appointing mediators -- March 26, 2018 L/D to complete mediation -- June 5, 2018.
3/27/18 -- Court approved order appointing mediators.
Tentative Ruling for June 5, 2018:
Have the parties complied with this Court's order to complete a day of mediation prior to June 5, 2018? If not, why not?
6/29/18 -- Court approved scheduling order with following dates: Cont'd status conference -- September 11, 2018 at 2:00 p.m.
L/D to file joint status report -- August 28, 2018
2:00 PM
L/D to lodge order appointing mediators -- June 29, 2018 L/D to complete mediation -- September 11, 2018
7/16/18 -- Court approved stipulation appointing mediators.
Tentative Ruling for September 11, 2018:
Did the parties participate in a mediation? If not, why not? If so, did the matter settle? Where is the joint status report that should have been filed 14 days before the status conference? Hearing required.
9/20/18 -- Court signed scheduling order setting following dates: L/D to conduct discovery -- November 13, 2018
L/D to lodge joint pretrial order -- November 27, 2018 Pretrial conference -- December 11, 2018 at 2:00 p.m.
11/21/18 -- Parties submitted stipulation continuing opposition and reply dates for motion for summary judgment but not continuing hearing on motion. Court needs additional time to review papers submitted late. Court approved stipulation but added a provision continuing hearing date on motion for summary judgment to December 18, 2018 at 2:00 p.m. Continue pretrial conference to date of continued hearing on motion for summary judgment.
OFF CALENDAR FOR DECEMBER 11, 2018.
12/18/18 -- Parties have filed stipulation asking Court to set continued date for pretrial conference and new deadline for lodging joint pretrial order on December 18, 2018 after hearing on motion for summary judgment.
Tentative Ruling for December 18, 2018:
Discuss with parties whether, in light of manner in which issues have been narrowed, the court can dispense with a pretrial conference and proceed directly to trial.
2:00 PM
Debtor(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Defendant(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Plaintiff(s):
Nayrie Garo Tarpinian Represented By Cliff Schneider
Gary Tarpinian Represented By Cliff Schneider
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Brandon J Iskander
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
Docket 125
12/11/18 - Matthew Abbasi, (310)358-9341, has been approved for telephonic appearance on 12/18/18 @ 2pm
11/19/18 -- Court signed stipulation continuing hearing to December 18, 2018 at 2:00 pm. OFF CALENDAR FOR NOVEMBER 27, 2018.
Tentative Ruling for December 18, 2018:
Deny motion. Court has already ruled on and rejected a statute of limitations defense. This adversary proceeding is a continuation/consolidation of the earlier action that was filed in a timely manner. The BAP did not rule on this issue. It was not before the BAP and is not part of the BAP's ruling.
There is already a judgment avoiding the liens as fraudulent transfers that has not been reversed on appeal as to this issue. It is too late to relitigate this issue now, but, even if the Court were to revisit the question, the Court would reject movant's position. The existence of reasonably equivalent value may be a defense in the context of a constructive fraud fraudulent transfer, as the absence of reasonably equivalent value is an element of the claim, but, here, the Court held that it was an actual fraud fraudulent transfer, namely, an intentional effort to hinder, delay or defaud creditors. The existence of an antecedent debt is merely one factor to be considered in the analysis, it is not an affirmative defense.
Court is not prepared to summarily adjudicate whether it is possible for Kim to have defrauded the trustee. How much the trustee knew when concerning
2:00 PM
which alleged instances of fraud are issues of fact that are more appropriately resolved by way of an evidentiary hearing.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth Stephen S Smyth
Alexandre Oh Represented By
Andrew Edward Smyth Stephen S Smyth
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
Andrew Edward Smyth Stephen S Smyth
Movant(s):
Benjamin Hooshim Represented By
Andrew Edward Smyth Stephen S Smyth
2:00 PM
Alexandre Oh Represented By
Andrew Edward Smyth Stephen S Smyth
Chonghee Jane Kim Represented By
Andrew Edward Smyth Stephen S Smyth
Plaintiff(s):
Edward M Wolkowitz Represented By Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
fr. 7-25-17, 11-14-17, 11-28-17, 1-9-18, 4-3-18, 4-11-18, 6-26-18, 7-17-18,
10-16-18, 11-27-18
Docket 1
6/27/17 - Request for entry of default against Julie Taberdo 6/27/17 - Request for entry of default against Lynn Wolcott
6/27/17 - Request for entry of default against TD Foreclosure Services, Inc.
12/11/18 - Matthew Abbasi, (310)358-9341, has been approved for telephonic appearance on 12/18/18 @ 2pm
Defaults have been entered as against Lynn Wolcott, Julie Taberdo and TD Foreclosure Services.
The trustee is of the opinion that there are legal issues that can be resolved through a motion for partial summary adjudication. Set deadline for the filing of such motions and continue status conference to a date that can serve as a date for hearing on those motions.
9/20/17 -- Court approved scheduling order continuing status conference to November 14, 2017 at 2:00 p.m., ordering parties to file a joint status report
2:00 PM
not later than Octoer 31, 2017, ordering trustee to file and serve his motion for partial summary judgment against GB Inland Properties not later than September 26, 2017 and set it for hearing on November 14, 2017 at 2:00
p.m. and directing that any motion to vacate a default be filed not later than September 26, 2017 and set for hearing on or before November 14, 2017 at 2:00 p.m.
Tentative Ruling for November 14, 2017:
Why didn't the trustee comply with the court's directive to file his motion for partial summary judgment in time to have it heard on November 14, 2017? That motion is currently set for November 28, 2017.
Revisit status of action after conclusion of related matter on calendar. Tentative Ruling for November 28, 2017:
Revisit status of action after conclusion of related matter on calendar.
Tentative Ruling for January 9, 2018:
Set deadline for filing amended complaint and deadline for filing response to complaint.
Tentative Ruling for April 11, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
6/22/18 -- Court signed order approving stipulation continuing hearing to July 17, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Tentative Ruling for July 17, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
Tentative Ruling for October 16, 2018:
2:00 PM
(Where is status report that should have been filed October 2, 2018?) Plaintiff has now filed third amended complaint and defendants have answered. Defendants have brought motion for summary judgment that is set for hearing on November 27, 2018 at 2:00 p.m. Continue status conference to November 27, 2018 at 2:00 p.m. to be held concurrently with motion for summary judgment. APPEARANCES WAIVED ON OCTOBER 16, 2018.
11/19/18 -- Court signed stipulation continuing hearing to December 18, 2018 at 2:00 pm. OFF CALENDAR FOR NOVEMBER 27, 2018.
Tentative Ruling for December 18, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth Stephen S Smyth
Alexandre Oh Represented By
Andrew Edward Smyth Stephen S Smyth
2:00 PM
Julie A Taberdo Represented By Michael A Coletti
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
Andrew Edward Smyth Stephen S Smyth
Plaintiff(s):
Edward M Wolkowitz Represented By Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
10:00 AM
Docket 11
NONE LISTED -
Dismiss case. Debtor did not obtain credit counseling prepetition and does not fall within any of the applicable exceptions to the prepetition credit counseling requirement. It does not matter that this is due to mistake or inadvertence. According to debtor's counsel, "debtor recalled attempting to obtain credit counseling services prior to the filing of the instant case.
However, due to the complex nature of credit counseling websites, and Debtor's limited language skills, he was not able to move forth with the course." This is not sufficient to bring the debtor within the exigent circumstances exception.
Debtor(s):
Babken Chakhoyan Represented By
Vilen Khachatryan
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
This case was recently reassigned to Judge Bluebond. It does not appear that an order directing the parties to submit a status report was ever entered or served.
Summons was served on November 7, 2018 and provides that a response is due within 21 days after service of summons. Docket does not reflect the filing of a response to the summons. Enter order for relief.
Has an interim trustee been appointed? Does the US Trustee anticipate that the interim trustee will be appointed chapter 7 trustee?
Hearing required.
Debtor(s):
Bricks Hospitality Group, L.L.C. Pro Se
10:00 AM
Adv#: 2:18-01250 RND Sunset Associates, LLC v. Shepherd et al
fr. 10-9-18, 10-17-18
Docket 1
NONE LISTED -
Assuming the compromise is approved, when do plaintiffs anticipate that they will be in a position to request dismissal of the adversary proceeding?
OFF CALENDAR. ADVERSARY PROCEEDING DISMISSED.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
Defendant(s):
Paul Stuart Shepherd Pro Se
GiGi Renee Shepherd Pro Se
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
10:00 AM
Beth Ann R Young
Plaintiff(s):
RND Sunset Associates, LLC Represented By Ernest J Guadiana Eric J Lorenzini
10:00 AM
Docket 34
NONE LISTED -
Is the US Trustee satisfied with the debtor's response to his objection to the employment application. If not, why not? Hearing required.
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat
Movant(s):
Lisa Frances Platt Represented By Douglas M Neistat
10:00 AM
fr. 11-14-18
Docket 12
NONE LISTED -
Grant in part and deny in part. Court will set a date for a continued hearing now. Debtor should serve notice of the motion and the continued hearing date on utilities by a date set by the Court. Along with that motion should be a notice setting forth the deposits that the debtor intends to make with regard to each utility. Notice should be accompanied by payment of the actual deposits themselves. Utilities that do not object by a date certain will be deemed to have agreed to the adequate assurance that the debtor has proposed. If a utility does object, it should be required to specify in writing what it believes the debtor should be required to do in order to provide it with adequate assurance. If the parties are unable to resolve the issue consensually, the debtor should file the utility's request and its response by a date certain. Utility should have an opportunity to file a brief on this issue and the Court will resolve the question at the continued hearing. Utility will be precluded from terminating service until the resolution of the dispute.
11/30/18 -- Court approved final order granting motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Herbert W. Gains Represented By Martin J Brill Todd M Arnold
10:00 AM
Joint Debtor(s):
Beth A. Gains Represented By
Martin J Brill Todd M Arnold
Movant(s):
Herbert W. Gains Represented By Martin J Brill Todd M Arnold
Beth A. Gains Represented By
Martin J Brill Todd M Arnold
10:00 AM
fr. 9-26-18, 10-24-18, 11-14-18
Docket 84
NONE LISTED -
9/20/18 -- Court approved stipulation continuing hearing to October 24, 2018 at 10:00 a.m. OFF CALENDAR FOR SEPTEMBER 26, 2018.
Tentative Ruling for October 24, 2018:
There appear to be disputed issues of material fact. The court will not resolve this matter summarily and will require an evidentiary hearing after the parties have prepared a joint pretrial order highlighting the issues upon which they actually disagree. (It will not work to give the court two different calculations and leave it up to the court to ascertain why they are different. Pretrial order will need to set out the decision points that lead to the different calculations -- such as whether the start date should be April of 2015 or January of 2014; whether amounts paid to "independent contractors" are included in the calculations; whether the amounts paid to the insiders should be included in the calculations, etc.)
Discuss with parties whether there are issues that require discovery (perhaps at least an examination of someone familiar with the manner in which the calculations were performed on each side). Has the debtor consulted with anyone (an expert) with experience in audits of this type?
11/9/18 -- Court approved stipulation continuing deadline for State Fund to file and serve opposition to December 5, 2018, continuing reply deadline to December 12, 2018 and continuing hearing to December 19, 2018 at 10:00
10:00 AM
a.m. OFF CALENDAR FOR NOVEMBER 14, 2018.
Tentative Ruling for December 19, 2018:
Enter order allowing claim as a general unsecured claim in the amount of
$497,459.66, pursuant to the parties' stipulation. (Revisit whether court should sign existing order lodged by the parties approving stipulation.)
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
10:00 AM
Docket 137
NONE LISTED -
Grant motion. Extend deadline for confirmation of plan to February 20, 2019.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
Movant(s):
WDH Contractor Services, LLC Represented By Alla Tenina Alla Tenina
10:00 AM
fr. 5-30-18, 6-6-18, 7-18-18, 9-5-18, 10-24-18, 11-28-18
Docket 448
NONE LISTED -
5/29/18 -- Court approved stipulation continuing hearing to June 6, 2018 at 10:00 a.m. OFF CALENDAR FOR MAY 30, 2018.
Tentative Ruling for June 6, 2018:
Court cannot evaluate the merits of the claim unless claimant first provides a breakdown of the manner in which the claim amounts were calculated. Give claimant one last opportunity to provide such a breakdown. Once the Court has the breakdown, it can evaluate the other objections leveled by the debtor.
7/16/18 -- Court approved stipulation continuing hearing to September 5, 2018 at 10:00 a.m. OFF CALENDAR FOR JULY 18, 2018.
8/31/18 -- Court approved stipulation continuing hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR SEPTEMBER 5, 2018.
10/18/18 -- Court approved stipulation continuing hearing to November 28, 2018 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 24, 2018.
11/21/18 -- Court approved stipulation continuing hearing to December 19, 2018 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 24, 2018.
Tentative Ruling for December 19, 2018:
10:00 AM
Court understands from a footnote in the reorganized debtor's status report that the parties have negotiated a resolution of this claim objection and that it is being documented. When do the parties anticipate that they will have completed this documentation and have submitted something to the court?
12/18/18 -- Court approved stipulation resolving objection. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
Movant(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
10:00 AM
fr. 10-15-14, 10-29-14, 11-5-14, 1-14-15, 5-20-15, 7-22-15, 10-14-15, 2-10-16,
2-24-16, fr. 3-30-16, 5-11-16, 8-3-16, 9-14-16, 9-28-16, 12-14-16, 2-1-17,
5-3-17, 6-7-17, 8-2-17, 8-30-17, 2-28-18, 7-18-18, 9-5-18, 10-24-18, 11-28-18
Docket 1
NONE LISTED -
Several parties appear interested in purchasing the debtor's real properties. Debtor should notice sales of these properties subject to overbid even without having first selected a stalking horse bidder. Interested parties competing with one another to purchase these properties should produce highest and best offer as among current prospective purchasers. Set deadline for debtor to bring motion for approval of sales of all properties. Court will enter order appointing trustee if motion to approve sale is not brought by deadline imposed by the Court.
8/3/15 -- Court signed scheduling order setting following dates:
Cont'd hearing on motion to appoint trustee and for relief from stay -- October 14, 2015 at 11:00 a.m.
L/D to file and serve motion for authority to sell Albany Properties -- August 12, 2015
L/D to file application to employ broker(s) (or include within sale motion) -- August 12, 2015
Sale hearing -- October 14, 2015 at 11:00 a.m.
Tentative Ruling for October 14, 2015:
If Albany sale closes, will debtor be in a position to file plan? Hearing required.
10:00 AM
1/4/16 -- Court approved stipulation continuing hearing to February 24, 2016 at 11:00 a.m. OFF CALENDAR FOR JANUARY 6, 2016.
Tentative Ruling for February 24, 2016:
If Albany sale closes, will debtor be in a position to file plan? Hearing required.
3/21/16 -- Court signed order continuing hearing to May 11, 2016 at 2:00 p.m. OFF CALENDAR FOR MARCH 30, 2016.
4/25/16 -- Court approved stipulation continuing hearing to August 3, 2016 at 2:00 p.m. OFF CALENDAR FOR MAY 11, 2016.
Tentative Ruling for August 3, 2016:
According to the docket, the parties settled this matter during a settlment conference held June 13, 2016 before Judge Jury. What has happened since then? Will there be an amended plan? What is the status of this matter?
Tentative Ruling for September 14, 2016:
Continue to September 28, 2016 at 11:00 a.m. to be heard concurrently with substantive motions set for hearing at that date and time. OFF CALENDAR FOR SEPTEMBER 14, 2016.
Tentative Ruling for September 28, 2016:
Revisit status of case after conclusion of hearings on related matters.
Tentative Ruling for December 14, 2016:
Continue to February 1, 2017 at 2:00 p.m. to be heard concurrently with hearing on amended disclosure statement. OFF CALENDAR FOR
10:00 AM
DECEMBER 14, 2016.
Tentative Ruling for February 1, 2017:
Revisit status of case after conclusion of hearing on disclosure statement.
4/26/17 -- Court approved stipulation continuing hearing to June 7, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 3, 2017. NO APPEARANCE REQUIRED.
6/2/17 -- Court approved stipulation continuing hearing to August 2, 2017 at 2:00 p.m. OFF CALENDAR FOR JUNE 7, 2017.
Tentative Ruling for August 30, 2017:
Revisit status of case after conclusion of confirmation hearing.
Tentative Ruling for February 28, 2018:
Court has reviewed reorganized debtor's status report. Page 6 of that report states that all class 6 claimants have received payments other than Jeffrey Thomas. Has the reorganized debtor been depositing payments on account of this disputed claim into a disputed claim reserve? Hearing required.
7/16/18 -- Court approved stipulation continuing hearing to September 5, 2018 at 10:00 a.m. OFF CALENDAR FOR AUGUST 8, 2018.
8/31/18 -- Court approved stipulation continuing hearing to October 24, 2018 at 11:00 a.m. OFF CALENDAR FOR SEPTEMBER 5, 2018.
10/18/18 -- Court approved stipulation continuing hearing to November 28, 2018 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 24, 2018.
11/21/18 -- Court approved stipulation continuing hearing to December 19, 2018 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 24, 2018.
10:00 AM
Tentative Ruling for December 19, 2018:
Court has reviewed reorganized debtor's status report. Continue case status conference to June 19, 2019 at 11:00 a.m. Reorganized debtor should file updated status report, accompanied by declaration, not later than June 5, 2019. APPEARANCES WAIVED ON DECEMBER 19, 2018.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
10:00 AM
Claim 26-1 Of Arthur Moncayo
Claim 25-1 Of Daniel Flores
Claim 28-1 Of Ettieonne Cook
Claim 21-1 Of Jose Duarte
Claim 22-1 Of Maurice Faber fr. 12-12-18
Docket 1188
12/18/18 - Adam Rosenthal, (858) 720-2480, has been approved for telephonic appearance on 12/19/18 @ 10am
11/29/18 -- Court approved stipulation continuing hearing to December 19, 2018 at 10:00 a.m. OFF CALENDAR FOR DECEMBER 12, 2018.
Tentative Ruling for December 19, 2018:
Claimants have waived their right to a jury trial by filing proofs of claim and this Court is an appropriate forum for the resolution of their claims. Further, claimants never sought relief from stay to reduce their claims to judgment in state court and it is likely that the claims can be resolved in a more expeditious manner in bankruptcy court than in state court.
Motion is styled as a motion to estimate claims. A bankruptcy court can estimate claims for the purpose of voting or distribution, or for other interim
10:00 AM
purposes, leaving open the possibility that there will be a final adjudication later, or the court can estimate the claim in such a way that the estimation is in substance a final adjudication. Court is not inclined to require the parties to liquidate the claims twice and would prefer that the amount of the claims be finally resolved.
Court will deem claim objections to be adversary proceedings for procedural purposes and resolve them as it would any adversary proceedings. Approve mediation and discovery procedures requested by the movant. In the event that the parties are unable to resolve the matters through mediation, court will conduct a status conference and assess whether additional discovery is required or whether the matter is ready to be set for a pretrial conference and an evidentiary hearing. The court will establish the appropriate trial briefing schedule at the pretrial conference. This approach should significantly expedite resolution of the claims yet afford full due process rights to the parties to litigate their respective claims and objections.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Movant(s):
Brian Weiss Represented By
Robert S Marticello Philip E Strok
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
Robert S Marticello Philip E Strok
10:00 AM
10:00 AM
Docket 1212
12/18/18 - Tony Bisconti, (949) 276-6581, has been approved for telephonic appearance on 12/19/18 @ 10am
12/18/18 - John Tedford, (310) 277-0077, has been approved for telephonic appearance on 12/19/18 @ 10am
Provisions of the plan are internally inconsistent. Pursuant to section III.B.1(c) of the Plan, professional fees are to be paid within 60 days after the effective date, provided an application for fees has been filed and fees have been allowed pursuant to an order of the court that has not been stayed (or as to which a stay has lapsed or dissolved). On the other hand, the treatment column of the plan contemplates that payment would occur after a Final Order has been entered approving their fees, and the defined term, "Final Order" contemplates that appeals have been resolved.
It was never this court's expectation that performance under the plan would be delayed in the absence of a stay pending appeal. This would permit an appellant to have, in substance, a free and extended stay pending appeal and enables an appellant to have inappropriate bargaining leverage as denial of fees for an extended period could place a hardship on professionals, particularly in light of caselaw that prohibits compensation for litigating an objection to a fee application.
10:00 AM
Grant motion. Resolve plan ambiguity by directing plan trustee to pay fees allowed by this Court's unstayed order. Professionals must understand, however, that, if the fees awarded are reduced on appeal, professionals will be required to disgorge any resulting overpayment.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
Robert S Marticello Philip E Strok
2:00 PM
Docket 74
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Jaffer Bernard Masud Represented By Andre A Khansari
Trustee(s):
Timothy Yoo (TR) Represented By Diane C Weil Zev Shechtman Jeffrey L Sumpter
2:00 PM
Docket 239
NONE LISTED -
Grant application. Allow on interim basis fees of $18,016.50 and no costs. Ratify payments made to date and authorize payment of remaining balance due, both from this application and from prior applications, on pro rata basis from available funds. (Trustee may pay costs of professionals in full and fees on a pro rata basis from
$100,000 available for distribution.) APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Movant(s):
Barnes & Thornburg LLP Represented By Eric P Israel
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
2:00 PM
George E Schulman
2:00 PM
[Fees requested: $278,939.00, Expenses: $3605.85]
Docket 241
NONE LISTED -
Grant application. Allow on interim basis fees of $278,939 and costs of $3,605.85. Ratify payments made to date and authorize payment of remaining balance due, both from this application and from prior applications, on pro rata basis from available funds. (Trustee may pay costs of professionals in full and fees on a pro rata basis from
$100,000 available for distribution.) APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Movant(s):
Danning Gill Diamond & Kollitz, Represented By
Eric P Israel
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP
2:00 PM
Zev Shechtman George E Schulman
2:00 PM
[Fees requested: $7,878.50, Expenses: $319.22]
Docket 243
NONE LISTED -
Grant application. Allow on interim basis fees of $7,878.50 and costs of $319.22. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. (Trustee may pay costs of professionals in full and fees on a pro rata basis from $100,000 available for distribution.) APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
AL Relays, LLC Represented By Louis J Cisz III
Philip W Allogramento Ian Landsberg
Movant(s):
LEA Accountancy, LLP Pro Se
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman